The URL can be used to link to this page

Home My WebLink AboutO-2006-015 on-site shopping cart retention system ORDINANCE 2006-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE IX OF CHAPTER 17, WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" OF THE CITY CODE OF ORDINANCES, SUCH ARTICLE TO BE ENTITLED "ON SITE SHOPPING CART RETENTION SYSTEM-REQUIRED", TO REQUIRE ANY BUSINESS THAT USES TWENTY OR MORE SHOPPING CARTS AT A BUSINESS LOCATION TO INSTALL AND MAINTAIN AN ON-SITE SHOPPING CART RETENTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Article IX of Chapter 17, which Chapter is entitled "Offenses- Miscellaneous" of the City Code of Ordinances, is created to read as follows: Section 17-129 On-Site Shopping Cart Retention- System-Required. a. It is unlawful for any business establishment which uses twenty (20) or more shopping carts at any business location within the City to fail to install and maintain an on-site shopping cart retention system for the location. A "shopping cart" is a device which consists of a basket mounted on a frame with wheels capable of being moved by a person, which device is generally and ordinarily found and used in a retail commercial business establishment by a customer or employee of the establishment for the purpose of transporting goods or merchandise from one place to another. b. Each such business establishment shall post signs in conspicuous locations within the business establishment premises to notify shopping cart users that an on-site shopping cart retention system is in place. Such signs shall describe how the system operates. C. Permitted methods of retention shall include any one of the following systems or methods: 1. a physical barrier or barriers may be installed, such as bollards, which restrict shopping carts to the main or primary entryway to the business; 2. shopping carts may be equipped with protruding devices, arms or similar devices, which operate to prohibit the cart from being removed from the interior of the business establishment; • 3. a system may be used, which may be mechanical in nature, requiring a monetary deposit which is of a reasonable amount such that it does not deter usage of the cart but encourages return of the cart and allows for a refund of the deposit; or 4. a shopping cart wheel locking system may be used in conjunction with an electronic barrier along the perimeter of the business establishment premises; such a system causes the shopping cart wheels to lock when the cart approaches or crosses the barrier location by activating the electronic barrier. (d) Any business establishment that does not provide one of the foregoing systems or methods shall be afforded a period of three (3) months from the effective date of this Article within which to comply. (e) The owner or operator of any business establishment who or which fails to provide and maintain an on-site shopping cart retention system shall be in violation of this Article. 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 April 25, 2006. PASSED and ADOPTED on second reading on May 23, 2006. Ile- �. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: nx,(At LOUISE STILSON, CMC CITY CLERK 2 ORDINANCE#2006-015 APPROVED AS TO FORM AND CORRECTNESS: BY: � THOM, S J. A"NSAO CITY ATTORNEY • 3 ORDINANCE#2006-015 CITY OF DANI<1 BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Bryan Cowart, Police Chief Dominic Orlando, P.E., Public Services Director FROM: Tom Ansbro DATE: April 17, 2006 RE: Proposed Ordinance Requiring an On-Site Shopping Cart Retention System (for • Business Establishments Using Twenty or More Carts) Attached is a proposed ordinance which is intended to require any business establishment that uses twenty (20) or more shopping carts at a business location to install and maintain an on-site shopping cart system. Pertinent features of the ordinance are: 1) "Shopping carts" are de fined; 2) The business must install signage within the establishment notifying patrons and employees of the system, describing its operation; 3) Any one of four retention methods or systems is allowed: a) a physical barrier can be installed, retaining carts from being removed from the entranceway area in front of the business (such as the posts, called " bollards" used in front of some stores such as Publix to prevent damage to entryways by vehicles); b) a shopping cart "arm " or similar device is installed on the cart prohibiting its removal from the interior of the establishment; • c) a coin-operated deposit system is installed on the cart or at the cart " corral" or collection area in which a deposit is made by the user and returned to the user when the cart is no longer needed; i i Mayor and Commissioners • April 17, 2006 Page 2 d) an electronic "invisible fence" system can be installed, typically around the perimeter of the establishment's parking lot, which effectually "locks" the wheels of the cart as the electronic barrier is approached; 4) Business would be afforded three months to comply; 5) Failure to comply and maintain such a system would be a violation of the City Code, punishable by a fine not exceeding $500.00 per day, 60 days in jail or both; such violations can also be enforced as a code enforcement measure, in which a fine could accrue on a daily basis until compliance is achieved. As I have reported to you before, this law is patterned substantially after an ordinance adopted and enforced in the City of Kissimmee. After four years of litigation with a Florida retail merchants foundation, a Florida appellate court recently upheld the ordinance despite a number of challenges to it. The City Attorney of Kissimmee advised me that the retail store industry may seek redress in the Florida Legislature, to block localities from passing such laws but in the absence of any law which prevents ("preempts") the City from adopting the proposed ordinance, this is • ready for your consideration. • 2 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on May 9, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida,to consider the proposed adoption of the following Ordinances: ORDINANCE 2006-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE IX OF CHAPTER 17, WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" OF THE CITY CODE OF ORDINANCES, SUCH ARTICLE TO BE ENTITLED "ON SITE SHOPPING CART RETENTION SYSTEM-REQUIRED", TO REQUIRE ANY BUSINESS THAT USES TWENTY OR MORE SHOPPING CARTS AT A BUSINESS LOCATION TO INSTALL AND MAINTAIN AN ON-SITE SHOPPING CART RETENTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2006-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING T14E CITY CODE OF ORDINANCES RELATING TO PARTICIPATION IN GROUP INSURANCE, TO PROVIDE THAT THE CITY WILL PAY HEALTH INSURANCE PREMIUMS OF • FEDERALLY REQUIRED "COBRA" COVERAGE ON BEHALF OF SURVIVING MEMBER BENEFICIARIES OF A DECEASED GENERAL EMPLOYEE FOR A MAXIMUM OF SIX MONTHS AFTER THE DATE OF DEATH OF A RETIREE; FURTHER, AMENDING SECTION 18-29.1 TO CLARIFY CODE PROVISIONS APPLICABLE TO FUTURE ELECTED OFFICIALS AND THEIR PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/Louise Stilson City Clerk • Run in Sun Sentinel: April 28, 2006