Cart Ordinances

Kissimmee, FL

Kissimmee, FL
CHAPTER 14-2: LAND DEVELOPMENT CODE
§ 14-2-65 GENERAL REGULATIONS FOR NON-RESIDENTIAL DISTRICTS.
(L) Shopping Cart, On-Site Retention.
All business establishments utilizing shopping carts or similar devices and having more than 20 shopping carts on-site shall install and maintain a system to retain all shopping carts within the property boundaries of the business location. Shopping carts or similar devices are defined to be a basket mounted on wheels or similar device which is generally used in a retail or wholesale establishment by a customer or an employee of said establishment for the purpose of transporting goods of any kind. The business shall provide signage in a conspicuous location notifying shopping cart users of a 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 must be shown on the approved 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 front portion of the business.
(b) Shopping carts equipped with a protruding vertical arm or similar device 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; the 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.
(2) Home improvement centers as defined in § 14-2-240 are exempt from this section, until such time that the city collects 20 or more shopping carts belonging to an individual home improvement center, during any calendar month, from public or private owned lands and/or rights-of-way other than that of the establishment's location. The loss of this exemption is permanent and may not be reinstated.
(3) Legal Nonconforming Businesses. Any business that is nonconforming as to on-site shopping cart retention upon adoption of this division (L) shall comply within six months unless otherwise provided for by law.
(4) 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 section. Any person, firm, or corporation violating the provisions of this division shall, upon conviction, be subject to the penalties provided in § 1-1-99 of this code. Each separate day of violation constitutes a separate offense.

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