ORD 22-943 - Relating to Regulation of Shopping CartsORDINANCE NO.22-943
AN ORDINANCE of the City of Federal Way, Washington, relating to
the regulation of shopping carts within .the City; amending FWRC
7.03.020, 7.25.030, 7.25.040, and 7.25.060; adding a new section to
Chapter 6.30 including section 6.30.070; and adding a new section to
Chapter 7.25 including section 7.25.070. (Amending Ordinance No. IS-
858.)
WHEREAS, Article XI, Section 11 of the Washington State Constitution authorizes the City
Council ("Council") of the City of Federal Way ("City") to make all local police and other
regulations so long as they do not conflict with general state laws; and
WHEREAS, RCW 35A.11.020 authorizes the Council to adopt and enforce ordinances
regulating municipal affairs and impose civil penalties not exceeding five thousand dollars and
criminal penalties as described by state law; and
WHEREAS, the Council has enacted the City's ordinances, some of which are set forth in the
Federal Way Revised Code ("FWRC") including Chapter 6, which regulates criminal activity in
support of public safety and welfare, and Chapter 7, which identifies public nuisances; and
WHEREAS, retail businesses provide shopping carts for the convenience of customers
shopping on the premises of the businesses; and
WHEREAS, abandoned, lost, and/or stolen shopping carts on public or private property
contribute to conditions of blight in the community and reduce property values; and
WHEREAS, such shopping carts on public or private property can obstruct free access to
sidewalks, streets, and other rights -of -way, interfere with pedestrian and vehicular traffic on
pathways, driveways, public and private streets, and impede emergency services; and
Ordinance No. 22-943 Page I of 10
WHEREAS, on December 4, 2018, the Council passed Ordinance No. 18-858, which
regulates abandoned shopping carts in the City as provided in Chapter 7.25 FWRC; and
WHEREAS, shopping cart theft, as defined in RCW 9A.56.270, is a misdemeanor in the
State of Washington; and
WHEREAS, the City has adopted RCW 9A.56.270 by reference in Chapter 6.30 FWRC; and
WHEREAS, the Council desires to modify and supplement the City's current regulation of
abandoned, lost, and/or stolen shopping carts in the City to benefit the public health, safety, and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by protecting public health and safety.
Section 2. Chapter 6.30.010 of the Federal Way Revised Code is hereby amended to read as
follows:
6.30.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes are adopted by reference:
RCW
9.26A.110 Fraud in obtaining telecommunications service —Penalty.
Ordinance.No. 22-943 Page 2 of 10
9.54.130 Restoration of stolen property —Duty of officers.
9A.56.010 Definitions.
9A.56.020 Theft — Definition, defense.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.096 Theft of rented, leased, or lease -purchased property.
9A.56.140 Possessing stolen property — Definition, credit cards, presumption.
9A.56.170 Possessing stolen property in the third degree.
9A.56.220 Theft of cable television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.280 Credit, debit cards, checks, etc. — Definitions.
Section 3. Chapter 7.03.020 of the Federal Way Revised Code is hereby amended to read as
follows:
7.03.020 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Abandoned" means any property, real or personal, which is unattended and either open or unsecured
so that admittance may be gained without damaging any portion of the property, or which evidences
indicia that no person is presently in possession, e.g., disconnected utilities, accumulated debris,
Ordinance No, 22-943 Page 3 of 10
uncleanness, disrepair and, in the case of chattels, location. Length of time or any particular state of
mind of the owner or person entitled to possession are not conclusive in determining that property is
abandoned.
"Abandoned or lost shopping cart" means any shopping cart left unattended or discarded upon made
Me eyffier-'s w6tten consent, aiid is loeffted eii eidwi-gRy-public property in the city, or
private property other than the premises of the retail establishment from which the shopping cart was
removed.
"Attractive nuisance" means the circumstance or condition which may reasonably be expected to
attract young children and which constitutes a danger to such children. Attractive nuisances include
but are not limited to unused or abandoned refrigerators, freezers, or other large appliances or
equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence
or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank, or shaft; and any
lumber, trash, debris, or vegetation that may prove a hazard for minors.
"Building," in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway
car, cargo container, or other structure used for the lodging of persons or for carrying on business
therein, or for the use, sale or deposit of goods. Each unit of a building consisting of two or more
units separately secured or occupied is a separate building.
"Director" means the director of the community development department or a person designated by
the director of the community development department.
"Hearing o.ficer" means the mayor, or his or her designated representative.
Ordinance No. 22-943 Page 4 of 10
"Junk" means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or
appliances or parts of such machinery or appliances, wood, debris, trash, waste, household goods or
hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or
inoperable motor vehicles or vehicular component parts.
"Junk vehicle" means any vehicle substantially meeting at least three of the following conditions:
(1) Is three years old or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a broken
window or windshield or missing wheels, tires, motor, or transmission;
(3) Is apparently inoperable;
(4) Has an approximate fair market value equal only to the approximate value of the scrap in it.
"Junkyard" means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
"Litter" shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, garbage,
wastepaper, packing material, scrap iron, wire, metal articles, discarded furniture and appliances,
junk, broken stone or cement, broken crockery, discarded building materials, inoperable bicycles or
bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings,
and all other trash, including abandoned inflammable materials, which are a fire hazard or a menace
to the public health, safety, or welfare.
"Shopping cart" means a basket mounted on wheels or a similar device of the type generally used in
a retail establishment by a customer for the purpose of transporting goods of any kind.
"Stolen shopping cart" means a shopping cart that is both_
Ordinance No. 22-943 Page 5 of 10
(1) Marked with an identification sign in compliance with FWRC 7.25.030; and
(2) Removed from the parking area of a retail establishment with the intent to deprive the owner of
the shopping cart the use of the cart.
Section 4. Chapter 7.25 of the Federal Way Revised Code is hereby amended to read as
follows:
Chapter 7.25
hTMIN ra Mle cum EN.
Section 5. Chapter 7.25.040 of the Federal Way Revised Code is hereby amended to read as
follows:
7.25.040 Impoundment and fees.
(1) Impoundment of abandoned or lost shopping carts. The city may immediately impound an
abandoned or lost shopping cart on private land within the city with the consent of the party in
possession of the land and may immediately impound an abandoned or lost shopping cart on public
land within the city.
(2) Seizure of shopping carts. Any stolen shopping_cart _may be seized as part of a criminal
investigation under FWRC 6.30.010, FWRC 6.30.070, or other applicable criminal law. Any
shoppingcart in violation of FWRC 7.25.070 is also subject to seizure.
(23) Notification. The city shall notify the owner of each impounded or seized shopping cart in
writing if the shopping cart has an identification sign as required by FWRC 7.25.030. The director
may establish by rule a process for owners to register a preferred method of notification. If delivered
by U.S. mail, the notice shall be deemed to have been received three days after mailing.
Ordinance No. 22-943 Page 6 of'10
The notice shall state the amount of the impound or seizure fee and that the owner has 14 days from
the date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is
not retrieved within 14 days, the city may dispose of the shopping cart.
(34) Impound or seizure fee. The city shall charge a shopping cart impound or seizure fee to the
owner of each abandoned shopping cart impounded or seized by the city, unless the shopping cart is
exempt from such impound fee under FWRC 7.25.040 4 f ����. Each shopping
cart impounded or seized by the city shall constitute a separate violation. The shopping cart impound
fee shall be per the fee schedule maintained by the city clerk.
(45) Fee exe»_ tfo�2`' . The eity shall defer ; „d _4Oes IOr *t,o iffSE +ftroo ;Impounded or
seized shopping carts shall be exempt from the impound or seizure fee if the owner of the shopping
cart, prior to the impoundment, has implemented security measures as defined in FWRC 7.25.050,
and the shopping cart is compliant with the identification sign requirement of FWRC 7.25.030.E
Section 6. Chapter 7.25.050 of the Federal Way Revised Code is hereby amended to read as
follows:
7.25.050 Security measures.
(1) Security measures are methods to prevent removal of shopping carts from or to return them to the
premises of the retail establishment including, but not limited to:
Ordinance No. 22-943 Page 7 of 10
(a) Electronically activated self -braking wheels; or
(b) Poles mounted to shopping carts or other physical barriers that prevent removing the shopping
carts from the interior of the retail establishment; or
(c) Utilization of a shopping cart patrol and retrieval company who recovers shopping carts on behalf
of the retail business within a two-mile radius of the contracting retail establishment no fewer than
two times per week; or
(d) Security personnel dedicated to cart control and retention and securing all shopping carts within a
secured enclosure or building when the retail establishment is closed; or
(e) Other measures deemed appropriate and effective by the director.
Section 7. Chapter 6.30 of the Federal Way Revised Code is hereby amended to add a new
section 6.30.070 to read as follows:
6.30.070 Shopping cart theft.
(1) Adoption. RCW 9A.56.270, Shopping cart theft. as now enacted or hereafter amended, is adopted
by reference.
(2) Seizure. Any such stolen shopping, cart_shall be subject to seizure related fees as provided by
FWRC 7.25.040.
(3) Personal property. The city shall develop procedures to ensure appropriate treatment and/or
storage of any ersonal property located in a shoppina, cart subject to seizure in accordance with
applicable law.
Section 8. Chapter 7.25 of the Federal Way Revised Code is hereby amended to add a new
section 7.25.070 to read as follows:
Ordinance No. 22-943 Page 8 of 10
7.25.070 Operation of shopping cart on public right-of-way.
It is a Class 3 civil infraction under RCW 7.80 to push. pull, possess or otherwise operate a shopping
cart on a public right-of-way.
Section 9. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 10. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Sectioii 11. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 12. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law_
PASSED by the City Council of the City of Federal Way this 15th day of November, 2022.
[signatures to follow]
Ordinance No. 22-943 Page 9 of 10
CITY OF FEDERAL WAY:
INTIM'"Mil
ATTEST:
ST:OfIAINIE. COURTNEY, C ITY CLERK
APPROVED AS TO FORM:
Q-J`-Q-
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 10/26/2022
PASSED BY THE CITY COUNCIL: 11/15/2022
PUBLISHED: 11/18/2022
EFFECTIVE DATE: 12/18/2022
ORDINANCE NO.: 22-943
Ordinance No. 22-943 Page 10 of 10