New Port Richey, FL
Sec. 14-50. - Notice of penalties for removal of shopping carts.
Shopping cart identification sign required for retail establishments. Every retail sales establishment which utilizes shopping carts, as defined by Section 506. 502(10) Florida Statutes, in the operation of its business shall affix an identification sign on the shopping cart providing the name and store number of the owner.
Every owner of a retail sales establishment which utilizes shopping carts or owner of a shopping center in which one or more of the retail sales establishments utilizes shopping carts, as defined by Section 506.502(10) Florida Statutes, in the operation of its business should post signs, no less than 18 inches by 36 inches, in conspicuous locations at the entrance(s) and exit(s) of its building and parking area(s) which should be clearly legible in English, and provide, in substantial form, the following:
"WARNING Any person who removes a shopping cart from the premises of the owner, or is in the possession of any shopping cart, 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."
Any establishment desiring an exemption from Section 14-50
(a), and (b) should file a petition for exemption and enclose an appropriate application fee to be determined by the City Manager. A petition for an exemption from the requirements of this section may be granted by the City Manager to any retail establishment which:
(1) Constructs barriers to prevent the removal of shopping carts, while permitting full wheelchair ingress and egress by disabled persons; or (2) Attaches alarm mechanisms or other security devices to shopping carts to prevent their removal from the property of the retail sales establishment or shopping center.
(c) Failure to abide by Section 14-50(a) or (b) shall constitute a violation and result in a civil penalty as a Class V violation. Nothing herein shall make illegal the removal of a shopping cart with the consent or permission of the owner of the shopping cart.
Sec. 14-51. - Shopping carts.
(a) Procedure for handling identifiable shopping carts found on public property.
(1) Employees and officers of the City of New Port Richey shall be deemed agents of City of New Port Richey and any identifiable shopping carts found by them on public property during the course of their official duties shall be reported to the City's Code Enforcement Division. City staff shall collect the shopping carts and place them in storage. (2) The City shall provide reasonable notice to the owner of the shopping cart, as designated on the shopping cart's identification sign^ to retrieve the same. (3) The owner of the shopping cart shall have ten (10) days from receipt of the notice to retrieve the same. (4) If the shopping cart is not claimed by the owner within the time specified in this section, the title to such property shall vest in the City of New Port Richey and the same shall be disposed of at the sole discretion of the City.
(b) Procedure for handling unidentifiable shopping carts found on public property. All unidentifiable shopping carts, those that do not bear the identification required by Section 14-50 (a) of this Code, found on public property shall be handled in accordance with Chapter 705 Florida Statutes, as amended from time to time.
Sec. 14-52. - Retrieval Plan
(a) 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 the City of New Port Richey Two or more retail establishments may collaborate and submit to the City a single plan. (b) Retrieval plans shall include an effective and specific method of retrieving the retail establishment's shopping carts found throughout the City of New Port Richey.
2. Plan submission, amendment and review. (a) The City 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 the City of New Port Richey on property other than that of the retail establishment furnishing the shopping carts to patrons. (b) Based on the above-referenced criteria, the City shall approve, reject or require modification of a plan, within 60 days of when the plan is submitted. (c) If a plan is approved, the proposed measures shall be implemented no later than 30 days after approval. (d) If a plan is rejected or modification is required by the City, the retail establishment shall modify the plan and resubmit it to the City no later than 30 days after the date of its rejection. (e) Following the approval of a plan, a retail establishment may file a written request with the City to amend its plan. The proposed amended plan is subject to the same criteria and review process as an original plan. (f) If a retail establishment's original or amended plan is approved by the City, and subsequently, the City Manager determines that the retail establishment's plan for retrieving its shopping carts found throughout the City of New Port Richey is ineffective, the City Manager may schedule a hearing before the City Council for the purpose of modifying the retail establishment's plan. The City Manager shall provide the retail establishment with at least ten days' written notice of such hearing, along with the City Manager's recommendation. After consideration of the matter and after permitting the retail establishment to be heard, the City Council may require modification of the plan or approve it as written.
3. 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 City, resubmit a rejected plan or make required modifications to a plan shall be subject to a fine of $100. 00 per day for each day of non-compliance. Non-payment of such a fine within the time-frame established for payment shall constitute a violation of this article.
4. Penalties for violation. Any violation of this article shall be a Class V violation. SECTION 2. Conflicts. Whenever the requirements or provisions of this ordinance are in conflict with the requirements or provisions of any other lawfully adopted ordinance or statue, the most restrictive requirements shall apply. SECTIONS. Severability
The provisions of this ordinance are severable, and it is the intention of the City Council of the City of New Port Richey, Florida to confer the whole or any part of the powers herein provided. If any of the provisions of this ordinance shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the remaining provisions of this ordinance. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional provision not been included herein.
SECTION 4. Inclusion in Code.
It is the intention of the City Council that the provisions of this ordinance shall become and be made a part of New Port Richey Code; and that the sections of this ordinance may be renumbered or re-lettered and the word "Ordinance" may be changed to "Section", "Article", or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 5.Inclusion in Code
This Ordinance shall take effect 120 days after its passage and adoption. The above and foregoing Ordinance was read and approved on first reading at a duly convened meeting of the City Council of the City of New Port Richey, Florida, this 19A day of July, 2016 and adopted on second reading at a duly convened meeting of the City Council of the City of New Port Richey, Florida, this 4th day of October, 2016.
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