ORD 2005-08-46
SECTION 3. CREATION OF SHOPPING CART ORDINANCE: There is hereby created an ordinance to regulate shopping carts in the City as follows:
Section 2. Notice of penalties for removal of shopping carts and required preventative measures.
(a) Every business and/or entity that utilizes shopping carts in its operation shall affix the following notice to all such carts, and such notice shall be clearly legible in the English, Spanish, and Creole languages and shall state:
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 one (1) year as provided by Sections 506.509 and 506.513 of the Florida Statutes.
(b) Failure to abide by the provisions of subsection (a) above shall constitute a violation and result in a civil penalty in the amount of $25.00 per cart.
(c) Additionally, any business and/or entity providing shopping carts for the use of their patrons or employees shall:
(1). Construct barriers to prevent the removal of shopping carts from the business premise; or
(2). Attach alarm mechanisms to shopping carts to prevent their removal; or
(3). Implement a policy of not allowing the customer to exit the store with shopping carts, and/or
(4). Provide an employee to carry or wheel the customers’ merchandise to the customers’ vehicle, and
(5). Implement a twice-weekly program of collection of their carts that are illegally removed. An affidavit from the affected business owner detailing the specific days of collection shall be submitted to the City.
(d). Failure to abide by the provisions of subsection (c) above shall constitute a violation and result in a civil penalty in the amount of $250.00 per violation.
Section 3. Identification of shopping carts required.
Any establishment that utilizes shopping carts 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 in the amount of $25.00 per cart.
Section 4. Procedure for handling identifiable shopping carts found on public property.
(1). Employees and officers of the City of Miami Gardens shall be deemed agents of the City and any shopping carts found by them on public property during the course of their official duties shall be reported to the City Code of Enforcement Department.
(2). The owner’s failure to retrieve any shopping carts from the City right-of-way shall cause the shopping carts to be removed by the City. The City Public Works Department shall remove the shopping cart(s) from the public right-of-way upon receipt of an interdepartmental request from the Code Enforcement Department or as may be necessary to aid in the enforcement of this ordinance.
(3). The City Public Works Department shall collect the shopping carts and transport same to a Miami-Dade Solid Waste Transfer cite, as may be designated by the Miami-Dade Solid Waste Department for storage.
(4). The Director of the Code & Licensing Enforcement Department or his/her designee shall notify the owner of the shopping cart(s), in writing, of the transfer of the shopping cart(s) to the Miami-Dade Solid Waste Transfer cite.
Section 5. Procedure for handling unidentifiable shopping carts found on public property.
All unidentifiable shopping carts found on public property shall be handled in accordance.
Section 6. General Penalties for Violation.
Any person who violates any section of this code shall be subject to the issuance of a civil penalty in the amount of $250.00, unless otherwise specified herein, to be issued in accordance with Ordinance No.2004-11-27 and any statutory requirements.
