Cart Ordinances

Hillsborough County, FL

Hillsborough County, FL
ARTICLE III. SHOPPING CARTSSec. 7-31. Definition.



For the purposes of this article, the term "shopping cart" as defined in Section 506.502, Florida Statutes, means a basket mounted on wheels or a similar device which is generally used in a retail establishment by a customer for the purpose of transportation of goods of any kind.
(Ord. No. 01-28, § 1, 10-3-01)




Sec. 7-32. Retrieval plan.
Each retail establishment furnishing shopping carts to patrons to transport items purchased from the establishment, is hereby required to develop and implement a specific plan to retrieve its shopping carts that are found throughout unincorporated Hillsborough County. Two (2) or more retail establishments may collaborate and submit to the county a single plan.
Plans must be submitted to the county within sixty (60) days of the effective date of this article [November 3, 2001], and must include an effective and specific method of retrieving the retail establishment's shopping carts found throughout unincorporated Hillsborough County.
(Ord. No. 01-28, § 2, 10-3-01)




Sec. 7-33. Plan submission, amendment and review.
The county shall determine whether a retail establishment's plan for retrieving its shopping carts submitted pursuant to this article is reasonably calculated to result in the prompt removal of the retail establishment's shopping carts found throughout unincorporated Hillsborough County on property other than that of the retail establishment furnishing the shopping carts to patrons.
Based on the above-referenced criteria, the county shall approve, reject or modify a plan, within sixty (60) days of when the plan is submitted. If a plan is approved, the proposed measures shall be implemented no later than thirty (30) days after approval. If a plan is rejected, the retail establishment shall modify the plan and resubmit it to the county no later than thirty (30) days after the date of its rejection.
Following the approval of a plan, a retail establishment may file a written request with the county commission to amend its plan. The proposed amended plan is subject to the same criteria and review process as an original plan.
If a retail establishment's original or amended plan is approved by the county and subsequently, the county administrator determines that the retail establishment's plan for retrieving its shopping carts found throughout unincorporated Hillsborough County is ineffective, the county administrator may place on the board of county commissioners agenda a hearing for the purpose of modifying the retail establishment's plan. The county administrator shall provide the retail establishment with at least ten (10) days' written notice of such hearing, along with the county administrator's recommendation. After consideration of the matter and after permitting the retail establishment to be heard, the county commission may modify or leave the plan unchanged.
(Ord. No. 01-28, § 3, 10-3-01)




Sec. 7-34. Penalty for failure to submit, modify or implement plan.
Any retail establishment that fails to timely submit a plan, implement a plan approved by the county, resubmit a rejected plan or make required modifications to a plan, shall be subject to a fine of one hundred dollars ($100.00) per day for each day of noncompliance. Nonpayment of such a fine within the time frame established for payment shall constitute a violation of this article.
(Ord. No. 01-28, § 4, 10-3-01)




Sec. 7-35. Identification on shopping carts.
Within sixty (60) days of the effective date of this article [November 3, 2001], each retail establishment that utilizes shopping carts in the operation of its business shall affix on each shopping cart, and maintain thereon, information identifying the name, address and phone number of the retail establishment.
(Ord. No. 01-28, § 5, 10-3-01)




Sec. 7-36. Posting of sign.
Within sixty (60) days of the effective date of this article [November 3, 2001], each retail sales establishment that utilizes shopping carts in the operation of its business shall post a minimum of two (2) signs not less than one and one-half feet by three feet (1 1/2' × 3') in conspicuous locations on the inside of the retail sales establishment building and not visible from a public street. Such signs shall state the following:
"NOTICE It is a violation of Section 506.513, Florida Statutes to remove a shopping cart, without written authorization, from its owner or from the premises or parking area of any retail establishment."
(Ord. No. 01-28, § 6, 10-3-01)




Sec. 7-37. Penalties for violation.
Any violation of this article shall be prosecuted in the same manner as misdemeanors are prosecuted. Each conviction for violation of this article shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.
(Ord. No. 01-28, § 7, 10-3-01)

Hillsborough County, FL



ARTICLE III. SHOPPING CARTSSec. 7-31. Definition.



For the purposes of this article, the term "shopping cart" as defined in Section 506.502, Florida Statutes, means a basket mounted on wheels or a similar device which is generally used in a retail establishment by a customer for the purpose of transportation of goods of any kind.
(Ord. No. 01-28, § 1, 10-3-01)




Sec. 7-32. Retrieval plan.
Each retail establishment furnishing shopping carts to patrons to transport items purchased from the establishment, is hereby required to develop and implement a specific plan to retrieve its shopping carts that are found throughout unincorporated Hillsborough County. Two (2) or more retail establishments may collaborate and submit to the county a single plan.
Plans must be submitted to the county within sixty (60) days of the effective date of this article [November 3, 2001], and must include an effective and specific method of retrieving the retail establishment's shopping carts found throughout unincorporated Hillsborough County.
(Ord. No. 01-28, § 2, 10-3-01)




Sec. 7-33. Plan submission, amendment and review.
The county shall determine whether a retail establishment's plan for retrieving its shopping carts submitted pursuant to this article is reasonably calculated to result in the prompt removal of the retail establishment's shopping carts found throughout unincorporated Hillsborough County on property other than that of the retail establishment furnishing the shopping carts to patrons.
Based on the above-referenced criteria, the county shall approve, reject or modify a plan, within sixty (60) days of when the plan is submitted. If a plan is approved, the proposed measures shall be implemented no later than thirty (30) days after approval. If a plan is rejected, the retail establishment shall modify the plan and resubmit it to the county no later than thirty (30) days after the date of its rejection.
Following the approval of a plan, a retail establishment may file a written request with the county commission to amend its plan. The proposed amended plan is subject to the same criteria and review process as an original plan.
If a retail establishment's original or amended plan is approved by the county and subsequently, the county administrator determines that the retail establishment's plan for retrieving its shopping carts found throughout unincorporated Hillsborough County is ineffective, the county administrator may place on the board of county commissioners agenda a hearing for the purpose of modifying the retail establishment's plan. The county administrator shall provide the retail establishment with at least ten (10) days' written notice of such hearing, along with the county administrator's recommendation. After consideration of the matter and after permitting the retail establishment to be heard, the county commission may modify or leave the plan unchanged.
(Ord. No. 01-28, § 3, 10-3-01)




Sec. 7-34. Penalty for failure to submit, modify or implement plan.
Any retail establishment that fails to timely submit a plan, implement a plan approved by the county, resubmit a rejected plan or make required modifications to a plan, shall be subject to a fine of one hundred dollars ($100.00) per day for each day of noncompliance. Nonpayment of such a fine within the time frame established for payment shall constitute a violation of this article.
(Ord. No. 01-28, § 4, 10-3-01)




Sec. 7-35. Identification on shopping carts.
Within sixty (60) days of the effective date of this article [November 3, 2001], each retail establishment that utilizes shopping carts in the operation of its business shall affix on each shopping cart, and maintain thereon, information identifying the name, address and phone number of the retail establishment.
(Ord. No. 01-28, § 5, 10-3-01)




Sec. 7-36. Posting of sign.
Within sixty (60) days of the effective date of this article [November 3, 2001], each retail sales establishment that utilizes shopping carts in the operation of its business shall post a minimum of two (2) signs not less than one and one-half feet by three feet (1 1/2' × 3') in conspicuous locations on the inside of the retail sales establishment building and not visible from a public street. Such signs shall state the following:
"NOTICE It is a violation of Section 506.513, Florida Statutes to remove a shopping cart, without written authorization, from its owner or from the premises or parking area of any retail establishment."
(Ord. No. 01-28, § 6, 10-3-01)




Sec. 7-37. Penalties for violation.
Any violation of this article shall be prosecuted in the same manner as misdemeanors are prosecuted. Each conviction for violation of this article shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.
(Ord. No. 01-28, § 7, 10-3-01)


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