South Miami, FL
Sec. 8A-76. - Notice of penalties for removal of shopping carts.
(a) Shopping cart identification sign required for retail establishments. Every retail sales establishment which utilizes shopping carts, as defined by F.S. § 506.502(10), 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.
(b) Every retail sales establishment which utilizes shopping carts, as defined by Florida Statutes, Section 506.501(10), in the operation of its business shall affix the following notice to all such carts which shall be clearly legible in the English, Spanish and Creole languages and shall state the following:
Any person who removes a shopping cart from the premises of the owner, or is in the possession of any shopping cart, 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 one (1) year as provided by Sections 506.509 and 506.513 of the Florida Statutes.
(c) Every owner of a stand-alone retail sales establishment which utilizes shopping carts or owner of a shopping center in which one or more of the retail sales establishments utilizes shopping carts, as defined by Florida Statutes, Section 506.502(10), in the operation of its business shall post signs at the entrance(s) and exit(s) of its parking area(s) which shall be clearly legible in the English, Spanish and Creole languages and which shall provide, in substantial form, the information required in Section 8A-76(b). As an alternative, universal language signs designed to convey the warning required in Section 8A-76(b) may be used.
(d Any establishment desiring an exemption from Section 8A-76(a), (b) and (c) shall file a petition for exemption and enclose an appropriate application fee to be determined by the County Manager. A petition for an exemption from the requirements of this section may be granted by the Director of the Consumer Services Department to any retail establishment which:
(1) Constructs barriers to prevent the removal of shopping carts, while permitting full wheelchair ingress and egress by disabled persons; or
(2) Attaches alarm mechanisms or other security devices to shopping carts to prevent their removal from the property of the retail sales establishment or shopping center.
(e) Failure to abide by Section 8A-76(a), (b) or (c) shall constitute a violation and result in a civil penalty as provided in chapter 8CC. Nothing herein shall make illegal the removal of a shopping cart with the consent or permission of the owner of the shopping cart.
Sec. 8A-76.1. - Shopping carts.
(a) Procedure for handling identifiable shopping carts found on public property.
(1) Employees and officers of Miami-Dade County shall be deemed agents of Miami-Dade County and any identifiable shopping carts found by them on public property during the course of their official duties shall be reported to the Department of Solid Waste Management. The Department shall collect the shopping carts and place them in storage.
(2) The Director of the Department of Solid Waste Management or his designee shall provide reasonable notice to the owner of the shopping cart as designated on the shopping cart's identification sign to retrieve the property.
(3) The owner of the shopping cart shall have ten (10) days from receipt of the notice to retrieve the property.
(4) If the shopping cart is not claimed by the owner within the time specified in this section or if the Department cannot contact the owner for failure to provide the identification information required under Section 8A-76 (a) of this Code, the title to such property shall vest in Miami-Dade County and shall be disposed of by the Department.
(b) Procedure for handling unidentifiable shopping carts found on public property. All unidentifiable shopping carts found on public property shall be handled in accordance with F.S. ch. 705, as amended from time to time.
(c) The Department of Solid Waste Management is delegated the authority to enforce this section.
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