ORDINANCE NO. 2005-11
Section ____.___ Shopping Carts
(a) Shopping cart identification sign required for retail establishments. Every retail sales establishment which utilizes shopping carts, as defined by Florida Statutes, 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. Failure to abide by this provision shall constitute a violation and result in a civil penalty of one hundred dollars ($100.00).
(b) Procedure for handling identifiable shopping carts found on public property
(1) Employees and officers of the City of Doral shall be deemed agents of the City of Doral and any identifiable shopping carts found by them on public property during the course of their official duties shall be reported to the Code Enforcement Division. The Code Enforcement Division shall collect the shopping carts and place them in storage.
(2) The Code Enforcement Division shall provide reasonable notice within a reasonable period of time to the owner of the shopping cart as designated on the shopping cart’s identification sign to retrieve the property. Said notice shall be sent by certified mail, return receipt requested.
(3) The owner of the shopping cart shall have five (5) days from the receipt of the notice to retrieve the property. Upon retrieval of the property, the owner shall pay all costs of removal and storage in the form of a fee as set forth in subsection (6) below.
(4) The owner’s failure to retrieve the property within the time stated in the notice shall constitute a violation and result in the civil penalty of one hundred dollars ($100.00). Each unclaimed shopping cart shall be deemed a separate violation.
(5) The owner of the shopping cart who, after notice as provided in this section, does not retrieve such property within the specified period shall be liable to the Code Enforcement Division for all costs of removal, storage and disposal of such property in the form of a fee set forth in subsection (6) below.
(6) The fees shall be in an amount to be determined by the City Manager by Administrative Order and approved by the City Council.
(7) If the shopping cart is not claimed by the owner within the time specified in this section, the title to such property shall vest in the City of Doral and shall be disposed of by the Code Enforcement Division.
(c) Procedure for handling identifiable shopping carts found on public property. All unidentifiable shopping carts found on public property shall be handled in accordance with Chapter 705, Florida Statutes, as amended from time to time.
(d) The Code Enforcement Division is delegated the authority to enforce this section.
(e) Notice of penalties for removal of shopping carts.
(1) Every retail sales establishment which utilizes shopping carts, as defined by Section 506.501(10), Florida Statutes, in the operation of its business shall affix the following notice to all such carts and at the exits of the retail establishment which shall be clearly legible in the English and Spanish language and shall state the following:
WARNING
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, Florida Statutes.
(2) Any establishment desiring an exemption from this section shall file a petition for exemption and enclose an appropriate application fee to be determined by the City Manager. A petition for an exemption from the requirements of this section may be granted by the Director of the Code Enforcement Division to any retail establishment which:
i. Constructs barriers to prevent the removal of shopping carts; or
ii. Attaches alarm mechanisms to shopping carts to prevent their removal; or
iii. Implements a policy of not allowing the customer to exit the store with shopping carts, provides an employee to carry or wheel the customer’s merchandise to the customer’s vehicle, and agrees to implement a program to collect their own carts that are illegally removed.
(3) If any subsection, sentence, clause or provision of this section is held invalid, the remainder of this section shall not be affected by such invalidity.
(4) This section shall become effective sixty (60) days after the date of enactment.
