Cutler Bay, FL
Ordinance No. 08-05
Section 1. Definitions.
Shopping Carts shall be defined as found in section 506.502 of the Florida statutes, as may be amended from time to time.
Section 2. Notice 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, the building, or the property, and such notice shall be clearly legible in the English, Spanish, and Creole languages and shall state:
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 as set forth in this code.
(c) Additionally, any business and/or entity providing shopping carts for the use of their patrons or employees shall:
(1) Within 90 days of the effective date hereof or of the of the opening of the business or the initial use of shopping carts by the business, which ever Is later, Install electric barriers to prevent the removal of shopping carts from the business premise and attach alarm mechanisms to shopping carts to prevent their removal; Implement a policy of not allowing the customer to exit the premises with shopping carts; or (4) Provide an employee to carry or wheel the customers’ merchandise to the customers vehicle; and
(2) Implement a program of collection (three times per week) 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 Town.
(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 proscribed by this code.
Section 3. Identification of shopping carts required.
Any establishment that utilizes shopping carts shall place readily identifiable markings on the carts which include the address or location of the particular store.
Section 4. Procedure for handling identifiable shopping carts found on public property.
(1) Employees and officers of the Town shall be deemed agents of the Town and any shopping carts found by them on public property during the course of their official duties shall be reported to the Town Code Enforcement Department.
(2) The owner’s failure to retrieve any shopping carts from the Town right-of-way the shopping carts to be removed by the Town. The Town Public Works Department shall remove the shopping carts from the public right-of way.
(3) The Town Public Works Department shall collect the shopping carts and secure the shopping carts.
(4) The Town shall notify the owner of the shopping cart(s), in writing, that the Town has secured the shopping carts and the fees, costs and fines associated with the collection and storage of the carts. A fee of $25 per cart plus any additional costs of retrieval incurred by the town, shall be imposed to the owner of the cart.
(5) If the shopping carts are not picked up by the owner within seven days the carts shall be disposed of in accordance with state law.
(6) Fees, costs and fines shall be assessed and paid by the owner prior to the return of carts. The owner shall consider the receipt of a special notice from the Town of such a violation as proper notice of such potential fees, costs and fines. No fees, costs or fines shall be assessed which would violate Section 506.5131 of the Florida Statutes, as may be amended, or any other Law.
Section5. Procedure for handling unidentifiable shopping carts found on public property.
All unidentifiable shopping carts found on public property shall be considered abandoned and shall be disposed of in accordance with state law.
Section 6. Shopping Carts on Private Property.
(1) No shopping cart shall be placed on any property where it can be readily seen from the right of way unless the shopping cart is located on a non-residential zoned property and is owned by the business legally operating on the same property.
(2) Upon a finding of a violation of this section the Town may impose a fine as providing for by this code of ordinances.
(3) In addition to any other remedies the Special Master, may upon finding a violation, authorize the Town to remove the shopping cart.
(4) Upon removal the shopping cart shall be disposed of in accordance with the provisions set forth in Section 4 for shopping carts found on public property.
(5) The fees and costs for removal may be imposed upon the owner of the property. In addition fees and costs may be imposed on the owner of the cart pursuant to and within the limitations set forth in Section 4 above. A fee of $25 per cart plus any additional costs of retrieval incurred by the town, shall be imposed to the owner of the cart.
Section 7. 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 provided for in this code.
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