HomeMy WebLinkAboutO-2021-002 Repealing Sec. 17-129 On-Site Shopping Cart Retension System - Required of Art. IX of Ch. 17ORDINANCE NO.2021-002
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, REPEALING SECTION 17-129, ENTITLED "ON -SITE
SHOPPING CART RETENSION SYSTEM - REQUIRED," OF ARTICLE IX,
ALSO ENTITLED "ON -SITE SHOPPING CART RETENSION SYSTEM -
REQUIRED," OF CHAPTER 17, WHICH CHAPTER IS ENTITLED
"OFFENSES -MISCELLANEOUS" OF THE CITY CODE OF ORDINANCES,
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 Ordinance 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, to be consistent with state law, the City of Dania Beach is repealing
Ordinance 2006-015, which was codified at Chapter 17, entitled "Offenses -Miscellaneous," at
Article IX, entitled "On -Site Shopping Cart Retention System — Required," at Section 17-129,
also entitled "On -Site Shopping Cart Retention System - Required.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article IX, entitled "On -Site Shopping Cart Retention System -
Required," of Chapter 17, which Chapter is entitled "Offenses -Miscellaneous" of the City Code
of Ordinances, is modified to read as follows:
ARTICLE IXON SITE SHOPPING CART RETENTION SYSTEM REQUIRED
RESERVED
Section 17-129 On Site Shopping Cart Retention System Required Reserved.
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ORDINANCE #2021-002
Section 2. That 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.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on December 8, 2020.
PASSED and ADOPTED on second reading on January 12, 2021.
ATTEST:
r
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED ASS TO RM AND CO]
J
CITY A
• TAMARA J
A� MAYOR
3
ORDINANCE #2021-002