HomeMy WebLinkAboutO-2001-026 ORDINANCE NO. 2001-026
a
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO SHOPPING CARTS; AMENDING CHAPTER 22 OF
THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED
"STREETS AND SIDEWALKS" TO CREATE ARTICLE IV, TO BE
ENTITLED "GENERAL REGULATIONS" AND SECTION 22-70 TO BE
ENTITLED "SHOPPING CART RETENTION AND RETRIEVAL", TO
REQUIRE BUSINESS ESTABLISHMENTS UTILIZING SHOPPING
CARTS TO ADOPT AND MAINTAIN AN ON-SITE SHOPPING CART
RETENTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article IV, to be entitled "General Regulations" and Section 22-70, to
be entitled "Shopping Cart Retention and Retrieval" (of Chapter 22 of the Code of
Ordinances of the City of Dania Beach, which Chapter is entitled "Streets and
Sidewalks") are created to read as follows:
ARTICLE IV. GENERAL REGULATIONS
Sec. 22-70 Shopping Cart Retention and Retrieval.
(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 systems of retention shall include any one 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.
•
E/566001:/Ordinances:/Shopping Cart Retrieval 1
ORDINANCE NO. 2001-026
(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 an occupations license is issued. The City Manager or
designee shall determine whether each business establishment's system is reasonably
calculated to result in 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 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.
F:/566001:/Ordinances:/Shopping Cart Retrieval 2
ORDINANCE NO. 2001-026
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 feet by three feet (1 W x T) in conspicuous places in the business
establishment stating that it is a violation of this city ordinance 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 on,
to the penalties
provided in Section 1-13 of this Code. Each separate day of violation constitutes a
separate offense.
Section 2. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
Section 3. 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 4. That this ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on first reading on AUGUST 28, 2001.
PASSED AND ADOPTED on second reading on SEPTEMBER 11, 2001.
APPROVED:
ATTEST: �� =
MAYOR-COMMISSION R
CHARLENE JOHNOON ROLL CALL:
ACTING CITY 6WRK COMMISSIONER BERTINO-YES
COMMISSIONER MCELYEA-YES
APPROVED S O FORM AND CORRECTNESS: COMMISSIONER MIKES-YES
VICE-MAYOR CHUNN -YES
MAYOR FLURY -YES
TH6MAS J. ANS RO
CITY ATTORNEY
R/566001:/Ordinances:/Shopping Cart Retrieval 3
ORDINANCE NO. 2001-026
AUG-21-2001 TUE 11 :23 AN FAX NO, P. 02
•
BOLLARD: any of a series of shor[ posts set at intervals to delimit an area (as a traffic
island) or to exclude vehicles
t
L.
s
AUG-21-2001 TUE 11 :23 AN FAX NO, P. 03
ORDINANCE NO: 2000--13
2
AN ORDINANCE OF THE CITY OF HALLANDALE
3 BEACH, FLORIDA, REQUIRING RETAIL,
ESTABLISHMENTS TO POST CERTAIN SIGNS AND
4 IMPLEMENT A PLAN TO RETRIEVE SHOPPING
CARTS; PROVIDING PENALTIES FOR
5 VIOLATIONS ; PROVIDING FOR CONFLICT AND
SEVERABILITY
6 �
Whereas , there are many abandoned shopping carts in the
7
City which detract from the City' s beauty, cause traffic and
8
safety hazards and clog canals and retail establishments have
9 not developed an effective plan for retrieval of these
10 shopping carts , and
11 Whereas , the City Commission desires to remedy the
12 oroblems created by abandoned shopping carts in the City by
13 placing the responsibility for such pollution on retailers .
14 NOW, THEREFORE, BE IT ORDAINED BY THE. CITY COMMISSION
15 OF THE CITY OF HALLANDALE BEACH, FLORIDA:
16 SECTION 1 . The Code of Ordinances , is amended by the
17 addition of the following new sections :
18 Section A. Plan Require
'19 Each retail establishment furnishing shopping carts to
patrons to transport items purchased from .the establishment,
20
is required to develop and implement a specific plan to
21
retrieve its shopping carts which are found throughout the
22
City. Two or more retail establishments may collaborate and
23
submit to the City a single plan . The plan must be submitted
24
to the City Commission within sixty days of the passage o
25 this Ordinance , and must include an effective and specific
21
27 _ 1 _ ORD . NO: 2000--13
28
Ogg we't_ sJ'f
AUG-21-2001 TUE 11 :23 AN FAX NO. P. 04
1 the retail establishment' s shopping
method of retrieving
2
carts found throughout the City.
3 plan Submission Amendment and Review
Section B.
4 Commission shall determine whether the retail
The City
lan for retrieving
Its shopping carts is
establishment' s p
6 calculated to result in the prompt removal of the
reasonably
7 ,tail establishment' s shopping carts found throughout the
r
8 City.
criteria , the City
9 Based on the above referenced
10 Commission shall approve, reject or modify the plan, within
m
11 sixty ( 60 ) days of when the plan is submitted _ Tf an is
the plan
2 a roved, the proposed measures shall be implemented no later
1 pp
13 than thirty ( 30 ) days after approval .
a Retail
the approval of a plan,
14 Following the City
establishment may
file a written request with
15 0 osed amended Plan is
• 16 commission to amend its plan . The Pi p
as ar
subject to the same criteria and review process
17
18 mend,
original plan. plan i
If a retail establishment' s original or a the Cit
19
approved by the City Commission and subsequent Y,
20 plan fc
Manager determines retrieving that the retail establishment ' s platy
21 carts found throughout
the' its shopping
4 22 the City Manager may Place on the Cil
ineffective, the reta
23 Commission agenda the matter of modifying
24 establishment' s plan. The City Manager shall provide t
25 retai
l establishment with at least ten ( 10) days writt
26
2 _ oRD . NO : 2000
27
28
J ...............� ,..ate... ....� _.,..y... ...., ...r
AUG-21-2001 TUE 11 :24 AN FAX N0, P. 05
l
notice of such hearing, along with the City Manager ' s
2
recommendation. After consideration of the matter and after
3
permitting the retail establishment to be heard, the City
4
Commission may modify or leave the plan unchanged.
5
The retail establishment may, within thirty ( 30 ) days
b
of the City Commission' s decision, file a petition for writ
7
of certiorari in the Broward County Circuit' Court.
8 Section C . Failure to Submit Modify or implement Plan
9 Any retail establishment that fails to timely submit a
10 plan, implement a plan or make required modifications to a 1
11
plan, shall be subject to a fine of $100 per day for each day
• 12 of non-compliance .
13 Section D. Required Procedures
14 Each retail establishment furnishing shopping carts to
15 patrons shall:
16 ( 1) Post a minimum of two signs not less than one and
17 one-half feet by three feet ( 1-1/2 ' x 31 ) in Conspicuous
18 places in the retail establishment stating that it is a
19 violation of city ordinance to remove the retail
20 establishment ' s shopping carts from the parking lot of the
business premises .
21
(2 ) Place the name , address and telephone number of the
22
retail establishment owning the shopping Cart upon each
23
shopping cart .
24
25
26
27 3 - oRD. NO; 2000-13
28
AUG-21-2001 TUE 11 :24 AN FAX NO. P. 06
1
2 SECTION 2 . The Municipal Code Corporation shall
3 assign appropriate section numbers and index this ordinance
4 as appropriate in the Code .
SECTION 3 . All ordinances or parts of Ordinances
5
and all Resolutions or parts of Resolutions in conflict
6
herewith are hereby repealed to the extent of the conflict ,
7
SECTION 4 . If any provision of this Ordinance or
8
application thereof to any person or circumstance is held
9
invalid, the invalidity does not , affect other provisions or
10
applications of the Ordinance which can be given effect
11 without the invalid provision or application, and to this end
® 12 the provisions of this Ordinance are declared severable .
13 PASSED AND ADOPTED on first reading on June 6 , 2000 -
14 PASSED AND ADOPTED on second reading on June 27 , 2000 .
15 EFFECTIVE DATE July 7 , 2000 .
16
1
y/c MAYOR-COMMffSS1 ER
1819
20 CITY CLERK '
21 vote
AYE/NAY
A.Lyer r
2 2 Coupe r
23 A.Rowberg
D.Rasp :r
24
J.Scm
nflict of Interest
25 s to be filed.
26
27 4 - ORD. NO: 2000-13
?R
AUG-21-2001 TUE 11 :24 AM FAX N0, P. 07
,r , ,�{. .�6/L001 11:05 4078468369 CITY OF KISSIMMEE � PAGE 02
GCANN50
PROPOSED ORDINANCE #00-064
ORDINANCE NO, 1379
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF KISSIMMEE, FLORIDA CHAPTER 14.2 - CITY OF
KISSIMMEE LAND DEVELOPMENT CODE, REVISING
SECTION 14-2-65 — GENERAL REGULATIONS FOR
NON-RESIDENTIAL DISTRICTS - THE ADDITION OF
REGULATIONS REQUIRING BUSINeSSES UTILIZING 20
OR MORE SHOPPING CARTS TO INSTALL, AND
MAINTAIN AN ON-SITE SHOPPING CART RETENTION
SYSTEM; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF KISSIMMEE,
FLORIDA, THAT CHAPTER 14-2 IS AMENDED TO READ AS FOLLOWS:
SECTION 1. § 14.2-65 GENERAL REGULATIONS FOR NON-RESIDENTIAL
DISTRICTS.
14-2-65 GENERAL R5-GULATIONS FOR NON-RESIDENTIAL DISTRICTS
I VhQRping Cart On-site Retention: All ess es I' hmen utilizing s a ina
® carts or sjMjl r devi In a a ll s d
n,a.intain stem to retain all s in carts in the art boundaries f r e
business. he business._ haEi r e si na e In a co i uaus 1 on noti a
ho in users of retention in placo A d how said s stem o era
c tion type gf evice her art nt informatlon deemed cessa the Cit
Manager or his designee must b shown on the npprQyed site plan for the business or
lot i business is l�d on
(1) permitted ds of tion shall inclu n o e f the fo n
meto s:
(a) A physical barrier, such as bollard . restrictin_ oppina carts to fhp
front sidewalk or front portion of the busin Ph s' barrle Il
not interfere with fire I anes, haad
jQaIL access er similar buildtag
features.
(b) Shopping ui aed with a r din v i al ar r similar
device prgh inclthe ggirt from be'n_q removed from the erior
us) e
(c) A s s em which may be m meal in n ti re, recuiLtgL deposit
o use a sh ind cart' de osit should be of a reaFgnable amount
RUG-21-2001 TUE 11 :24 AM FAX N0, P. 08
6/2FS01 11:05 4078468369 CITY OF KISSIMMEE PAGE 03
that waul not de r t e use of the cart but wo d ncoura e the
retum of the cart.
(d) Sh_ cmping,�carts e ui ped with a wheel I s mechan� n that is
Used in_gpDLung ion with an electronic barrier along the erlmete
the area shoppi g carts are allowed. The wheel locking
Me
ism will activate when the shopping cart cr s es I the
electronic barrier,
(e) Similar methods or plans approved by the City Manacger pr hls
d0§ianpe hick_WoLjjd OCComplish the Intent of this s n or
insure the timely retr[eval of shoppjr)q �—remoyed from a
estaWishment's property,
(2. regal NQnconformina Businesses' Any business that is n2ngonfQrrninq �s
to en-site shopping cart ete upon ado tlQD of-jhj;5..qrdinanQv 5hall comply.
within six months unless gthenyjqQ r2rpyLded for by law
(3) Violations and Penalties &r3y business establlshment fail tali.car
properly maintain an approved on-al e in at-ion systems if in
violation of this subsec Code. An rson firm or corporatforl
the provisions of this subsection shallConviction 'ect to
penaitla§_ p[Qv d in 1-1-99 of this code. Each sepaL
Qjg da of vio
constitutes a separate offense,
SECTION 2. All ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall take effect Immediately upon its passage.
AUG-21-2001 TUE 11 :24 AN FAX NO. P. 09
statutes--View Statutes->2000->C1a0506->Scction 5 131: Online Sunshine Page 1 of 1
SOnline t Information tobbyisl
ufis ine Welcm oo I Sessio,I `tammitlees Leflisfolols tenter lnfocrnutian
vi.'�w Statutes Sep ch. SLn,u;e Constitution Lw:s c.`F'.oridn Orticr
Select Year: GQ
The 2000 Florida Statutes
Title XxXIII ��C�C_50� Vow tr.q_�ire
REGULATION Of-TRADE, COhlh'.ERCE, INVES'f'MENTS,AND Stamped Or Marked Cor,Lalners Ar.d Chanter
SOLICITATIONS Baskets
506.5131 Return of shopping carts; assessment of fees,fines, and costs.--
(1) The rightful owner of any shopping cart with a reglstered name or mark fo nd on public prGpe-ty shall be Immediately
nabried of its recovery.
(2) NotwiChstanding any other provision of law or local ord'mance, no fee, Pine, or tests may be ass_ssed against the
owner of a shopping cart found on public property, unless the shopping cart was removed from the premises or parking
a,ea of a retail establishment by the owner of the shopping cart, or an employee acting on the owner's behalf, and such
rce, fine, or cost has been approved by the Department of Agriculture and Consumer Services.
History.--s. 12, ch. 98-39G.
VJ ICQ ne •;P`•sinn • Cornmi;t_CCS,• l c'.g1;_1. ma's Information Cgp(er • Srr totes and ConstiCuClorl• �pbJbyj �tlfnl matlon
ci.,.Iaimer:7ne Information oo tiu;system is unverified,?hl:journals or printed bills of the rc5pcctive Chamhers sli0-.:ld ❑e consulted for officlol
purposes.Copyright J 2000-2001 state of Florida.(;c,t,10 :e-
Prlva,y S.Wtem-n
i
httf)://,%,,-A,-%v.leg.state.11.us/Statutes/index.cfm?App_mode=Display,_Statute&Search_String... 08/08/2001
NOTICE OF HEARINGrdt
SUN— SENTINEL BEFORE CITY COMMIS,
,SION.;'CITY
PUBLISHED DAILY BEACH' FLORIDA RE
CARDING ADOPTION OF
�EIVED ORT LAUDERDALE, BROWARD COUNTY, FLORIDA THE`;' LLOWING PSRO
BOCA RATON, PALM BEACH COUNTY FLORIDA POSED ORDINANCES
_ 2�01 NOTICE IS HEREBY GIVEN
SEP MIAMI, MIAMI DARE COUNTY, FLORIDA thatth�clty,Eommission
of the City of;Dariia Beach;
Florida,.on September'"17,
2001„at 7.00:;p-. o4. 48s
BY,, soon"thereafter4as dtbe.
A matter may tie_'heard;;will
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE conduct a,plililic hearing
in;;tfie Gty Commission
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED chambers of.,Ethe Dania'
Beach;,City.Hall;;,IOO,West,
Dama Beach BouleVaPd;;
0 16W_ WHO, ON OATH, SAYS THAT Dania Beach ',FI rida;to'
consider the,',,.,proposed
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED adoption of-the following
IOrdlnances entitled
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED
AN.,ORDINANCE,OF .THE
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE CITY+COMMISSI F:+THE
ATTACHED COPY OF ADVERTISEMENT, BEING A: CINIA BEACH;
FLORIDA APPROVING A
PCs SITE AGREEMENT ESE-
TWEENTHE CITY,OF DANIA
NOTICE OF HEARINGBEFORE CITY COMMISSION IBEACH'AND SPRINT.SPEC=
;TRUM,L.P.:PERTAINING'70
THE, PLACEMENT;.OF:A
IN THE MATTER OF: PERSONAL;;COMMUNICA-
TIONS;,'SERVICE,f;SY,STEM
FACILITY,ON"A'PARCEL OF
PCS Site Agreement O NN D^7tBOCTHE CITY ODF
DANIA BEACH AND MORE
PARTICULARLY., - DE-
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE iSCRIBED 'IN THE AT-
TACHED EXHTO TH
ISSUES OF: AGREEMENT;!BITS AUTHOR ZE
ING AND DIRECTING THE
EXECUTION,OF THE PCS
8/30,1 10534656 SITE,..AGREEMENT; "PRO-
VIDING;"'FOR REVISIONS;
PROVIDING' FOR CON-
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER FLICTS;PROVIDING ASEV-
ERANCE;:+,CLAUSE;y,FUR-
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, THER,'PROVIDING',FOR,AN
EFFECTIVE'DATE%;;::,', y
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, civ;OF-',IN
BEACH,
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE FCORIDA,.PERTAINING TO
SHOPPING '
'".CARTS;'
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, AMENDING CARTS;
POST
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF pINANCE OF CITY'CODE OF OR-I
NCES, WHICH CHAP=
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT TER IS ENTITLED."STREETS
AND'',:;q SIDEWALKS':`.,T•O,
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR CREATE'ARTICLE IV;':T.o BIEI
CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE ULATIONS^ AND SECTION,
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID 22-70%TO 'BE ENTITLED
,SHOPPING CART RETEN-'
NE PER. TION_AND RETRIEVAL",TO
REQUIRE BUSINESS ES-
TABLISHMENTS UTILIZING
SHOPPING" -CARTS .;TO
ADOPT"AND MAINTAIN AN
( NATURE FFI NT) ON-SITE SHOPPING;CART
RETENTION SYSTEM;PRO-
VIDING'FOR;:CONFLICTS;
IPROVIDING:•'.OR,IISEVER
SWORN TO AND SUBSCRIBED BEFORE ME ANCE FURTHER tPROVID:,
ON: 30-August-2001 A.D. ING FORti AN,%EFFECTIVE
DATE �•`
oe
? '
'A copy of these apropos
Ordinances-are on'flle'in
be',;office:-�of,_the,,City
(SI ATURE OF NOTARY PUBLIC) Clerk .13eacaii ioo,west
Dania 'Beach BOU1eVard
Oama`Fieach';Floridaand
may be.inspected,by.Ahe
Tara L f3ezgk public during ' normal
!working hoursh
+: MY COMMISSION# DD024939 EXPIRES Interested parties may ap
'; o July 20,2005 pear;;at _the-aforesaid
AONDED THRU TROY FAIN INSURANCE,INC meeting';and3-b,, eard
with respect tothepro'-
(NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) posed sAny,person;who
V/ decides to.appeal any de-
cision made by the:City
Commission with respect
PERSONALLY KNOWN OR t0 any:mattef-.considgred
at,this hearing willrrleed:a
record of;the pr, gs
PRODUCED IDENTIFICATION and for'such,purp'oseQceedin may
need to ensure that a ver-
batim record.6VtWpro-
ceedings is made;which
record includes the testi-
mony and-evidence':upon
Which the appealis to.be
based + G
Y
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
Jason Nunemaker, Acting City Manager
Bud Palm, Public Works/Utilities Director
Charlene Johnson, Acting City Clerk
FROM: Tom Ansbro, City Attorney
DATE: August 21, 2001
RE: Proposed "Shopping Cart" Ordinance
As discussed at the July 24, 2001 City Commission meeting, attached is a proposed
ordinance amending Chapter 22 of the Code of Ordinances entitled "Streets and Sidewalks"
which would create Article IV, to be entitled "General Regulations" and Section 22-70 to be
entitled "Shopping Cart Retention and Retrieval". The law would require business
establishments using more than twenty (20) shopping carts to adopt and maintain a system to
retain them within the property boundaries of the business, including the parking areas. Such
systems of retention would include any one of the following:
a) Physical barriers such as curbs or "bollards" (see attached definition and picture of
an example) which would restrict the shopping carts to the premises of the business;
b) Shopping carts with "arms" that prevent the carts from being removed from a store;
c) A system which requires a small sum of money to be temporarily deposited in order
to use a cart;
d) Shopping carts equipped with a wheel locking mechanism used with an electronic
barrier which surrounds the business area to keep the shopping carts on the premises of
® the business. The wheels lock when the carts cross the electronic barrier; or
Mayor and Commissioners
August 21, 2001
Page 2
e) Similar systems or other plans approved by the City Manager or designee that will,
at a minimum, ensure that shopping carts are periodically and promptly retrieved and
returned to the business establishment.
i
Each such business would be required to submit its proposed system to the City
Manager or designee within sixty (60) days after the effective date of the ordinance. Any new
business would be required to submit its proposed system before an occupational license is
issued. The system would be approved, rejected or required to be modified by the City
Manager or designee. If a system proves ineffective, the City Manager may bring the matter to
the Commission for review and a decision. The business could appeal the decision to court
under another provision of the ordinance.
Each business would be required to post signs within its store, stating that it is a
violation of the city ordinance to remove shopping carts from the business premises. Any such
business failing to adopt or maintain an approved on-site shopping cart retention system or
failing to timely submit a system for approval would be in violation of the ordinance and
subject to penalties provided in Section 1-13 of the City Code.
We reviewed several city ordinances and administrative regulations relating to shopping
cart retrieval and retention. In this proposed ordinance, we have combined provisions from
Hallandale and Kissimmee ordinances to address the needs of the City (copies of the
ordinances are attached).
We also reviewed city ordinances and administrative regulations which assess shopping
cart retrieval fees against stores when carts are found on rights-of-way. However, we cannot
recommend imposition of such a charge, cost or fee in light of a Florida Statute (Section
506.5131(120) which was enacted in 1998, since it prohibits levying of such fees (see copy
attached).
Bud Palm has reviewed and approved the proposed ordinance. This matter is now ready
for Commission review and adoption.
TJA:slw
Attachments
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
CITY CLERK DIVISION
TO: Bud Palm, Public Works/Utilities Director
Connie Falzone, Administrative Assistant
FROM: Charlene Johnson, Acting City Clerk
RE: Shopping Cart Ordinance
DATE: September 25, 2001
The Acting City Manager is requesting that your department send out the
attached Ordinance to all known stores using 20 or more shopping carts so that
they have actual notice of the new law.
• cc: Laurence Leeds, Growth Management Director