Chapter 17 MISCELLANEOUS OFFENSES
Sec. 17-26. Shopping cart control plan.
(a) Control plan required. Each retail establishment furnishing shopping carts to patrons to transport items purchased from the establishment, is required to develop and implement a specific plan (the “control plan”) to retrieve its shopping carts so as to prevent such shopping carts from being removed from the store premises or parking lot and being found abandoned in the city. Two (2) or more retail establishments may collaborate and submit to the city a unified coordinated control plan. The control plan must be submitted to the city council within sixty (60) days after adoption of this section. Retail establishments commencing operations after the adoption of this section shall submit the control plan to the city council prior to opening for business.
(b) Control plan submission, amendment and review.
(1) The city council shall determine whether the retail establishment’s control plan for retrieving its shopping carts is reasonably calculated to result in the prompt control and retrieval of the retail establishment’s shopping carts so that such carts will not be removed from the retail establishment’s premises or parking lot and be found abandoned in the city.
(2) Based on the above-referenced criteria, the city council shall approve, reject or modify the control plan, within sixty (60) days of the date of submittal of the control plan. If the control plan is approved or approved as modified, the proposed measures shall be implemented by the retail establishment no later than thirty (30) days after approval. If the control plan is rejected, the retail establishment shall submit a modified control plan within twenty (20) days. The modified control plan is subject to the same criteria and review process as an original control plan.
(3) Following the approval of a control plan, a retail establishment may file a written request with the city council to amend its control plan. The proposed amended control plan is subject to the same criteria and review process as an original control plan.
(4) If a retail establishment’s original, modified or amended control plan is approved by the city council and subsequently, the city manager determines that the retail establishment’s control plan for controlling and retrieving its shopping carts is ineffective (based on the criteria provided in (b)(1) above), the city manager may place on the city council meeting agenda the matter of revising the retail establishment’s control plan. The city manager shall provide the retail establishment with at least ten (10) days’ written notice of such meeting, along with the city manager’s recommendation. After consideration of the matter under the criteria of (b)(1) above and after permitting the retail establishment to be heard, the city council may require the retail establishment to revise (within ten (10) days) the control plan, or may leave the control plan unchanged.
(c) Failure to submit, modify, revise or implement control plan.
(1) It shall be a violation of this section for the owner of any retail establishment to fail to timely:
a. Submit a control plan; or
b. Implement a control plan; or
c. Make a required modification or revision to a control plan.
(2) Nothing herein shall be construed to apply in any manner prohibited by F.S. § 506.5131(2).
(d) Required procedures. Each retail establishment furnishing shopping carts to patrons shall:
(1) Post a minimum of two (2) signs not less than one and one-half feet by three feet (1 1/2′ x 3′) in conspicuous places in or at the retail establishment stating that it is a violation of F.S. § 506.513 to remove the retail establishment’s shopping carts from the premises or parking lot of the retail establishment.
(2) Prominently place the name, address and telephone number of the retail establishment owning, controlling or using the shopping cart upon each shopping cart.
(e) Penalty. Any person who violates any provisions of this section shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00). Each day that a violation exists shall be deemed a separate violation. This section shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.
(Ord. No. 98-12-45, § 1, 1-4-99; Ord. No. 01-01-02, § 1, 2-5-01)
