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Home My WebLink AboutO-2026-013 Repeal Sec. 22-96 Art. V - Shopping Cart RetentionORDINANCE NO. 2026-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING CHAPTER 22 ENTITLED “STREETS AND SIDEWALKS”, AT ARTICLE V, ENTITLED “GENERAL REGULATIONS” AT SECTION 22-96, ENTITLED “SHOPPING CART RETENTION AND RETRIEVAL”, AS THE REGULATION OF SHOPPING CARTS HAS BEEN PREEMPTED BY THE STATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach adopted Ordinances 2001-026 and 2006-015, which required businesses utilizing shopping carts to provide for an on-site shopping cart system that would preclude removal of the carts from the property and would also impose enforcement measures against the business for violations of the City’s ordinance; and WHEREAS, the Florida Legislature adopted Florida Statute 506.5131, which preempted localities from adopting or enforcing local legislation requiring a business owner to submit a prevention and retrieval plan for shopping carts and also precluded a municipality from imposing a monetary penalty for failing to submit such a plan; and WHEREAS, the City Attorney for Davie sought clarification from the Florida Attorney General whether any shopping cart retention plan can be authorized under municipal law and was informed that the field is preempted to the state; and WHEREAS, in 2021, pursuant to City Ordinance No. 2021-02, the City repealed Ordinance 2006-15, which created Section 17-129, entitled “On-Site Shopping Cart Retention System – Required, in order to be consistent with state law; and WHEREAS, unfortunately, the City had adopted in 2001, and amended in 2007, another shopping cart ordinance that addressed the same issues but was contained in Chapter 22, at Article V, entitled “General Regulations” at Section 22-96, entitled “Shopping Cart Retention And Retrieval”, and which ordinance covers the same issues as were contained at Section 17- 129, which was never repealed; and WHEREAS, to be consistent with state law this duplicate regulation found at Section 17- 129 needs to be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 ORDINANCE #2026-013 Section 1. That Chapter 22 entitled “Streets And Sidewalks”, at Article V, entitled “General Regulations” at Section 22-96, entitled “Shopping Cart Retention And Retrieval”, of the City Code of Ordinances, is modified to read as follows: * * * CHAPTER 22 STREETS AND SIDEWALKS * * * ARTICLE V - GENERAL REGULATIONS Sec. 22-96. Shopping Cart Retention And Retrieval Reserved (1) On-site retention of shopping carts. All business establishments utilizing shopping carts or similar devices and having more than twenty (20) shopping carts or devices on site shall adopt and maintain a system to retain them within the property boundaries of the business, inclusive of parking areas. The business shall provide signs and post them in conspicuous locations within the business premises notifying customers of the retention system in place and the manner of operation of the system. (2) [Permitted retention systems.] Permitted systems of retention shall include any one (1) of the following methods: (a) Physical barriers, such as curbs or bollards, which are designed and constructed to restrict shopping carts to the front sidewalk or front portion of a business. Any such physical barrier shall not interfere with fire lanes or ways of access provided for disabled persons. (b) Shopping carts equipped with a protruding vertical arm or similar device which operates to prohibit the cart from being removed from the interior of the business. (c) A system, which may be mechanical in nature, requiring a monetary deposit to use a shopping cart. If a deposit system is used, it must provide for a monetary amount that would not deter use of the cart, but would encourage its return. (d) Shopping carts equipped with a wheel-locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area in which shopping carts are allowed. The wheel-locking mechanism is designed to activate when the shopping cart crosses the electronic barrier. (e) Similar systems or other plans approved by the city manager or designee, which would accomplish the intent of this law or, at a minimum, insure the periodic and prompt retrieval of shopping carts removed from a business establishment's property. (3) System required. Each existing business establishment as described above is required to submit its proposed system to the city manager or designee within sixty (60) days after the effective date of this section. For any such business, such establishment must submit its proposal system before a business tax receipt is issued. The city manager or designee shall determine whether each business establishment's system is reasonably calculated to result in 3 ORDINANCE #2026-013 on-site retention of the shopping carts or provide for the prompt retrieval of carts removed from business premises. The city manager or designee shall consider whether the system or plan utilizes one (1) or more of the foregoing permitted methods and subsequently, in writing, approve, reject or require modification of a proposed system within sixty (60) days of the submittal date. If the system is approved, the proposed measures shall be implemented no later than sixty (60) days after approval. Following the approval of a system, a business establishment may subsequently file a written request with the city manager to amend or alter its system. The proposed amended system shall, however, be subject to the same review process as the original system. If a business establishment's system is approved by the city manager and subsequently, the city manager determines that the business establishment's system or plan for retaining or retrieving its shopping carts is ineffective, the city manager may place the matter on the city commission agenda for review. The city manager shall provide the business establishment with at least ten (10) days' written notice of such hearing, accompanied by the city manager's written recommendation or report. After permitting the business establishment to be heard and after consideration of the matter, the city commission may require the business establishment to change or modify its system within a specified time. If not timely changed or modified, the failure to have an approved system or plan shall be deemed a violation of this section. The business establishment may, within thirty (30) days of the city commission's decision, file a petition for judicial review of the decision by writ of certiorari directed to the Broward County Circuit Court. (4) Required procedures. Each business establishment subject to this section shall: (a) Post a minimum of two (2) signs, each of which shall be not less than one and one-half (1½) feet by three (3) feet in conspicuous places in the business establishment stating that it is a violation of this article to remove the business establishment's shopping carts from the business premises, including the parking area. (b) Place the name, address and telephone number of the business establishment owning the shopping cart upon each shopping cart. (5) Violations and penalties. Any business establishment failing to adopt or maintain an approved on-site shopping cart retention system or failing to timely submit a system for approval is in violation of this section of the Code. Any person, firm, or corporation violating the provisions of this section shall, upon conviction, be subject to the penalties provided in section 1-13 of this Code. Each separate day of violation constitutes a separate offense. * * * Section 2. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. 4 ORDINANCE #2026-013 Section 3. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 4. That it is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word. Section 5. That this ordinance be codified in the City’s code of ordinances, Land Development Code by Municode. Section 6. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on February 10, 2026. PASSED AND ADOPTED on second reading on March 10, 2026. First Reading: Motion by: Commissioner Ryan Second by: Commissioner Rimoli Second Reading: Motion by: Commissioner Lewellen Second by: Commissioner Rimoli FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 5 ORDINANCE #2026-013 ATTEST: ____ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY