Article III.- Junked, Wrecked, Abandoned Property
Sec. 11-132. – Definitions.
The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning or unless otherwise noted:
– Shopping cart means a basket mounted on wheels or a similar device which is generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
– Shopping cart owner or owner means any person or entity that owns a shopping cart(s) and/or furnishes a shopping cart(s) for use. (Ord. No. 4031, § 1, 9-4-13)
Sec. 11-134. – Shopping cart identification.
(a) Every shopping cart owner shall affix an identification sign on the shopping cart providing the name, address and phone number of the owner. If a shopping cart is only marked with a Florida Department of State registered name or mark, the shopping cart owner shall provide the city annually with the name, address and telephone number of the owner for such registered name or mark.
(b) Any shopping cart owner desiring an exemption from the identification sign requirements of subsection (a), of this section, shall file a petition for exemption with the Code Enforcement Administrator or his or her designee.
(1) Upon such filing, the code enforcement administrator or designee shall issue the shopping cart owner an exemption from the requirements of subsection (a) if:
a. Physical barriers exist to prevent the removal of the shopping cart(s) from the establishment or the parking lot where utilized, which conform to all applicable building code requirements;
b. 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) are attached to the shopping cart(s) to prevent its removal from the establishment or the parking lot where utilized;
c. A system has been established, 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 the shopping cart(s); or
d. Similar methods have been adopted that would prevent the removal of its shopping cart(s) from the establishment or its parking lot where utilized.
(2) Any exemption granted under subsection (a) shall expire if the grounds for the exemption cease to be maintained or used. (Ord. No. 4031, § 1, 9-4-13)
Sec. 11-135. – Removal, storage and disposal of shopping carts found on public property.
(a) The city may remove and place into storage all shopping carts found on public property.
(b) After the city has removed identifiable shopping carts from public property, the code enforcement administrator or his or her designee shall promptly provide written notice by regular mail to the shopping cart owner at the address designated on the shopping cart’s identification sign. If the cart has no identification sign but the owner can otherwise be readily determined by other distinguishing characteristics or notice to the city, the code enforcement administrator or designee shall mail the notice to the determined shopping cart owner. In addition to the notice sent by mail, the code enforcement administrator or designee shall post a copy of the notice at the police department. The notice shall be deemed complete upon mailing and posting by the code enforcement administrator or designee, and receipt of the notice by the shopping cart owner is not required.
(1) The shopping cart owner shall have 20 calendar days from the date of the notice to retrieve the shopping cart.
(2) If the shopping cart is not retrieved by its owner within said 20 days, title to the shopping cart shall vest in city and may be disposed of in any manner (including discarded) as determined by the code enforcement administrator or designee.
(c) Procedures for handling unidentifiable shopping carts found on public property. Any unidentifiable shopping carts found on public property, where the owner of the shopping cart cannot be readily determined, shall be handled as abandoned property pursuant to 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.
