Ordinance 2013-07 Abandoned Shopping Carts
Section 2: Purpose of Ordinance
a) Abandoned carts are a nuisance and they portray the community in a negative light. In addition, they pose a legitimate safety hazard when left unattended. It is the purpose of this Ordinance to have Owners develop and implement a plan to retain their shopping carts on their premises.
Section 3: Definition of Terms
a) As used in this Ordinance, the following terms are defined as set forth below.
1) "Cart" means a basket which is mounted on wheels or a similar device generally provided by a retail or wholesale establishment for use by a customer or an employee of said establishment for the purpose of transporting goods of any kind.
2) "City" means the City of Palmetto.
3) "Owner" means any individual or entity, who in connection with the conduct of a business, owns, possesses, or makes any cart available to customers or the public. For purposes of this chapter, Owner shall also include the Owner's on-site or designated Agent that provides the Carts for use by its customers.
4) "Premises" shall mean the entire area owned and utilized by the business establishment that provides Carts for use by customers, including any parking lot or other property provided by the owner for customer parking
Section 4: Methods of Compliance
a) An Owner may comply with this Ordinance by creating and carrying out a plan to address the retention or collection of Carts ("Plan") using any one or more of the following methods:
1) Electronic wheel locking mechanism; or
2) Any other measure approved by the City as a means of preventing Carts from being removed from the premises. In addition, Owner shall provide a sign in a visible location on the premises notifying Cart users of the retention system and how it works. Further, such sign shall state as follows:
I) Warning. Any person who removes a shopping cart from premises without the written consent of the owner of the shopping cart or the retailer, shall be presumed to be in possession of stolen property and is guilty of a misdemeanor of the first degree, punishable by a term of imprisonment of up to (1) year as provided by Sections 506.509 and 506.513 of the Florida Statutes.
II) Such language shall be visible in the public area where carts are stored and legible from five (5) feet. A copy of Plan shall be submitted to the City for review and approval.
Section 5: Identification of Carts
a) Any Owner that utilizes Carts shall place readily identifiable markings on the Carts which include the name of the particular establishment which owns the cart. Contact information including the manager's name, phone number, mailing address and e-mail address shall be provided to the City in the Plan, and the Owner shall update the contact information within ten (10) business days of any changes to such information.
Section 6: Violations of Ordinance
a) Any Owner failing to submit a Plan or to properly install and maintain an approved on-site Cart retention system pursuant to the Plan is in violation of this Ordinance. Any Owner violating the provisions of this subsection shall be subject enforcement in accordance with Chapter 2 of the Palmetto Code of Ordinances.
Section 7: Uncollected Carts
a) The City may collect any Carts found off the Premises. The City shall notify the owner of the Carts, in writing, when the City has secured uncollected Carts. Any uncollected Carts shall be held for 30 days and then such Carts shall be considered abandoned and may be declared surplus and sold if still uncollected in accordance with Section 18 of the Palmetto Code and Chapter 705, Florida Statutes. All proceeds of the sale of such Carts shall be the property of the City of Palmetto.
b) If the Owner is not identified on the Cart, then before collecting the Cart, an agent or employee of the City will place notice on the Cart stating:
1) NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within three days; otherwise, it will be removed and disposed of pursuant to Chapter 705, Florida Statutes. Dated this: (setting forth the date of posting of notice), signed (setting forth name, title, address, and telephone number of City official to contact). After this time has passed, the Cart shall be considered abandoned and may be sold if still uncollected in accordance with Section 18 of the Palmetto Code and Chapter 705, Florida Statutes.
Section 8: Repeal of Inconsistent Ordinances
a) This Ordinance hereby repeals all ordinances, or parts thereof, in conflict herewith to the extent of such conflict.
Section 9: Severability of Ordinance
a) If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable.
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