ARTICLE V. ABANDONED AND LOST PROPERTY
Sec. 34-127. Shopping carts on public property.
(a) Shopping carts. As used in this section, a “shopping cart” is a basket mounted on wheels, or a similar device, which is generally used in a retail by a customer, or by an employee of such establishment, for the purpose of transporting goods of any kind.
(b) Shopping cart identification sign required for retail establishments.
(1) Every retail sales establishment which utilizes shopping carts in the operation of its business shall affix an identification sign on the shopping cart providing the name, address and phone number of the retail establishment.
(2) Any establishment desiring an exemption from the requirements of subsection (b)(l), of this section, shall file a petition for exemption with the director of public works and pay an application fee of $50.00.
a. Upon such filing and payment, the director shall issue to the applicant an exemption from the requirements of subsection (b)(l) if the retail establishment has:
i. Constructed physical barriers to prevent the removal of its shopping carts from the establishment or the parking lot thereof, while permitting full wheelchair ingress and egress by disabled persons;
ii. Attached alarm mechanisms or other security devices (such as wheel locking mechanisms to be used in conjunction with an electronic barrier, or protruding arms or similar devices prohibiting the cart from being removed from the interior of the establishment) to its shopping carts to prevent their removal from the establishment or the parking lot thereof;
iii. Established a system, which may be mechanical in nature, requiring a deposit (in an amount which would not deter the use of the cart but would encourage the return of the cart) to use a shopping cart; or
iv. Adopted similar methods that would prevent the removal of its shopping carts from the establishment or its parking lot.
b. Any exemption granted under this subsection shall expire if the establishment ceases to maintain the system upon which the exemption was granted.
(c) Removal and storage by public works department. The public works department shall remove and place into storage, shopping carts found on public property.
(d) Procedure for handling identifiable shopping carts found on public property:
(1) After the public works department has removed identifiable shopping carts from public property, the director of public works shall promptly provide written notice by certified mail return receipt requested to the shopping cart owner at the address designated on the shopping cart’s identification placard. If the cart has no identification placard but the owner can otherwise be identified. the director shall mail the notice to the location of the retail establishment operated by the shopping cart owner that was closest to the location where the shopping cart was found. The notice shall be deemed complete upon mailing by the director of public works, and receipt of the notice by the shopping cart owner is not required.
(2) The shopping cart owner shall have 30 calendar days from the date of the notice to retrieve the shopping cart;
(3) If the shopping cart is not retrieved by its owner within the time frame set forth in the preceding subsection, title to the shopping cart shall vest in city and may be disposed of in any manner (including discarded) as determined by the director of public works.
(e) Procedures for handling unidentifiable shopping carts found on public property. Any unidentifiable shopping carts found on public property shall be handled pursuant to sections 34-124 through 34-126 of this Code. Notwithstanding any provision or subsections to the contrary, no retrieval, storage or similar fee may be charged to the shopping cart owner except to the extent permitted by Florida Law; such prohibition shall not preclude the city from enforcing, or pursuing remedies for the violation of, the provisions of subsection (b), of this section.
(f) Exclusive method for dealing with shopping carts. The provisions of this section shall, except to the extent expressly set forth herein, constitute the exclusive method for the city to remove, store and dispose of shopping carts found on public property.
(Ord. No. 5897, § 1, 9-16-08)
