Deerfield Beach, FL
ARTICLE I. IN GENERAL
Sec. 18-7. Shopping cart, on-site retention.
All business establishments utilizing shopping carts or similar devices, and having more than ten shopping carts on-site shall install and maintain a system to retain all shopping carts within the real property boundaries of the business location. The business shall provide signage in a conspicuous location notifying shopping cart users of retention system in place and how said system operates. Location, type of device and other pertinent information deemed necessary by the city manager or his designee mustbe shown on the approval site plan for the business or lot the business is located on.
(1) Permitted methods of retention shall include any one of the following methods:
a. A physical barrier, such as bollards, restricting shopping carts to the front sidewalk or portion of the business.
b. Shopping carts equipped with a protruding arm or similar devices prohibiting the cart from being removed from the interior of the business.
c. A system, which may be mechanical in nature, requiring a deposit to use a shopping cart; deposit should be of a reasonable amount that would not deter the use of the cart, but would encourage the return of the cart.
d. Shopping carts equipped with a wheel locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area shopping carts are allowed. The wheel locking mechanism will activate when the shopping cart crosses the electronic barrier.
e. Similar methods approved by the city manager or his designee which would accomplish the intent of this subsection.
(2) Legal nonconforming businesses: Any business that is nonconforming as to on-site shopping cart retention upon adoption of this ordinance shall comply within 180 days unless otherwise provided by law.
(3) Violations and penalties: Any business establishment failing to install or properly maintain an approved on-site shopping cart retention system is in violation of this subsection of the Code. Any person, firm, or corporation violating the provisions of this subsection shall, upon conviction, be subject to the penalties provided in section 1-15 of this Code. Each separate day of violation constitutes a separate offense.
(Ord. No. 2006/027, § 2, 8-1-06)
Sec. 46-27. Shopping cart removal from shopping establishment prohibited; standards.
(a) Definitions. As used in this section:
Cart shall mean a hand drawn or propelled vehicle or wheeled container made of metal, wood, or other material such as is generally provided by merchants for carting or carrying merchandise or food stuffs to automobiles or other places.
Person shall mean and include a person of either sex, corporation, partnership, association, joint stock company, societies and other entities capable of being sued.
Street shall mean and include street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, parks, parking lots, parking areas and places used by the general public.
(b) Removal from shopping establishment prohibited. It shall be unlawful for any person to remove a cart as defined herein from the property of any shopping establishment which has ownership, custody or control of said cart. Further, it shall be unlawful for any shopping establishment to permit or allow any person to remove a cart as defined herein from the property of the shopping establishment.
(c) Leaving upon street or sidewalk prohibited. It shall be unlawful for any person, his agent or employee, to leave or suffer or permit to be left, any cart, either owned by him or in his possession, custody or control, upon any sidewalk or public street.
(d) Removal by city when found upon street. The city shall remove or cause to be removed any cart found upon any sidewalk or street, and shall take same to the city property where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
(e) Notice of removal and redemption. Whenever the city shall take any cart containing identification of ownership or right to possession, a notice shall be sent by regular mail to such person advising that such cart is held by the city and that the cart may be redeemed upon payment of five dollars ($5.00) to the city. The owner of each cart shall print upon each cart the name of the owner.
(f) Redemption by owner; proof of ownership; defense to adverse claimant. Such cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof and he shall be entitled to receive such cart upon payment of the sum of five dollars ($5.00). No cart shall be delivered to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the city such person's ownership or right to possession. Any delivery to a person deemed entitled thereto by the city from the proof submitted, shall be an absolute defense of the city against any other person claiming to be entitled thereto.
(g) Notice of public auction; redemption fee and costs; sale. When any cart remains in the custody of the city for a period of fifteen (15) days after removal and with respect to which no person has presented to the city proof establishing to its satisfaction such person's ownership or right to possession, the city shall give public notice in a newspaper of general circulation, that, at a specified time and place, not less than five (5) days after such notice is published, such cart will be sold at public auction for not less than five dollars ($5.00) plus the costs of advertising the sale.
If, after such notice of sale is given, any person desiring to redeem any cart which that person owns prior to sale, such owner shall pay to the city for redemption the sum of five dollars ($5.00) plus the cost of advertising the sale. A general description of the cart to be sold shall be sufficient. The sale shall be conducted by the city manager or his designee.
(h) Disposition of unsold carts. If the cart is not sold at public auction, the city may offer it again for sale or may dismantle, destroy or otherwise dispose of such cart.
(i) No liability to owner upon disposition of cart. Any disposition of such cart made pursuant to this section shall be made without any liability of the city to the owner of such cart or other person lawfully entitled thereto or having an interest therein.
(j) Disposition of redemption of sales monies. Upon a redemption or sale of a cart, the proceeds shall be deposited in the general funds of the city.
(k) Construction and applicability. This section shall not apply to any cart or personal property which may come into the possession or custody of any department of the city pursuant to any other ordinance, law or regulation.
(Ord. No. 1995/009, § 1, 2-7-95)
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