ARTICLE IX. ON-SITE SHOPPING CART RETENTION SYSTEM—REQUIRED
Sec. 17-129. On-site shopping cart retention system–Required.
(a) It is unlawful for any business establishment which uses twenty (20) or more shopping carts at any business location within the city to fail to install and maintain an on-site shopping cart retention system for the location. A “shopping cart” is a device which consists of a basket mounted on a frame with wheels capable of being moved by a person, which device is generally and ordinarily found and used in a retail commercial business establishment by a customer or employee of the establishment for the purpose of transporting goods or merchandise from one place to another.
(b) Each such business establishment shall post signs in conspicuous locations within the business establishment premises to notify shopping cart users that an on-site shopping cart retention system is in place. Such signs shall describe how the system operates.
(c) Permitted methods of retention shall include any one of the following systems or methods:
(1) A physical barrier or barriers may be installed, such as bollards, which restrict shopping carts to the main or primary entryway to the business;
(2) Shopping carts may be equipped with protruding devices, arms or similar devices, which operate to prohibit the cart from being removed from the interior of the business establishment;
(3) A system may be used, which may be mechanical in nature, requiring a monetary deposit which is of a reasonable amount such that it does not deter usage of the cart but encourages return of the cart and allows for a refund of the deposit; or
(4) A shopping cart wheel-locking system may be used in conjunction with an electronic barrier along the perimeter of the business establishment premises; such a system causes the shopping cart wheels to lock when the cart approaches or crosses the barrier location by activating the electronic barrier.
(d) Any business establishment that does not provide one of the foregoing systems or methods shall be afforded a period of three (3) months from the effective date of this article [section] within which to comply.
(e) The owner or operator of any business establishment who or which fails to provide and maintain an on-site shopping cart retention system shall be in violation of this article.
(Ord. No. 2006-015, § 1, 5-23-06)
Sec. 22-96. Shopping cart retention and retrieval.
(1) On-site retention of shopping carts. All business establishments utilizing shopping carts or similar devices and having more than twenty (20) shopping carts or devices on site shall adopt and maintain a system to retain them within the property boundaries of the business, inclusive of parking areas. The business shall provide signs and post them in conspicuous locations within the business premises notifying customers of the retention system in place and the manner of operation of the system.
(2) [Permitted retention systems.] Permitted systems of retention shall include any one (1) of the following methods:
(a) Physical barriers, such as curbs or bollards, which are designed and constructed to restrict shopping carts to the front sidewalk or front portion of a business. Any such physical barrier shall not interfere with fire lanes or ways of access provided for disabled persons.
(b) Shopping carts equipped with a protruding vertical arm or similar device which operates to prohibit the cart from being removed from the interior of the business.
(c) A system, which may be mechanical in nature, requiring a monetary deposit to use a shopping cart. If a deposit system is used, it must provide for a monetary amount that would not deter use of the cart, but would encourage its return.
(d) Shopping carts equipped with a wheel-locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area in which shopping carts are allowed. The wheel-locking mechanism is designed to activate when the shopping cart crosses the electronic barrier.
(e) Similar systems or other plans approved by the city manager or designee, which would accomplish the intent of this law or, at a minimum, insure the periodic and prompt retrieval of shopping carts removed from a business establishment’s property.
(3) System required. Each existing business establishment as described above is required to submit its proposed system to the city manager or designee within sixty (60) days after the effective date of this section. For any such business, such establishment must submit its proposal system before a business tax receipt is issued. The city manager or designee shall determine whether each business establishment’s system is reasonably calculated to result in on-site retention of the shopping carts or provide for the prompt retrieval of carts removed from business premises.
The city manager or designee shall consider whether the system or plan utilizes one (1) or more of the foregoing permitted methods and subsequently, in writing, approve, reject or require modification of a proposed system within sixty (60) days of the submittal date. If the system is approved, the proposed measures shall be implemented no later than sixty (60) days after approval. Following the approval of a system, a business establishment may subsequently file a written request with the city manager to amend or alter its system. The proposed amended system shall, however, be subject to the same review process as the original system.
If a business establishment’s system is approved by the city manager and subsequently, the city manager determines that the business establishment’s system or plan for retaining or retrieving its shopping carts is ineffective, the city manager may place the matter on the city commission agenda for review. The city manager shall provide the business establishment with at least ten (10) days’ written notice of such hearing, accompanied by the city manager’s written recommendation or report. After permitting the business establishment to be heard and after consideration of the matter, the city commission may require the business establishment to change or modify its system within a specified time. If not timely changed or modified, the failure to have an approved system or plan shall be deemed a violation of this section.
The business establishment may, within thirty (30) days of the city commission’s decision, file a petition for judicial review of the decision by writ of certiorari directed to the Broward County Circuit Court.
(4) Required procedures. Each business establishment subject to this section shall:
(a) Post a minimum of two (2) signs, each of which shall be not less than one and one-half (1 1/2) feet by three (3) feet in conspicuous places in the business establishment stating that it is a violation of this article to remove the business establishment’s shopping carts from the business premises, including the parking area.
(b) Place the name, address and telephone number of the business establishment owning the shopping cart upon each shopping cart.
(5) Violations and penalties. Any business establishment failing to adopt or maintain an approved on-site shopping cart retention system or failing to timely submit a system for approval is in violation of this section of the Code. Any person, firm, or corporation violating the provisions of this section shall, upon conviction, be subject to the penalties provided in section 1-13 of this Code. Each separate day of violation constitutes a separate offense.
