HomeMy WebLinkAboutOrdinance 2001-118
ORDINANCE NO. ~ool:: It <il
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, AMENDING SECTIONS SA-76 " SA-76.1 OF
THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION S.3
OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH
ENTITLED "NOTICE OF PENALTIES FOR REMOVAL OF SHOPPING
CARTS" " "SHOPPING CARTS" RESPECTIVELY, TO DELETE THE
CURRENT SECTIONS AND CREATE A NEW SECTION ENTITLED
SHOPPING CART REGULATIONS CREATING A DEFINITION;
PROVIDING FOR POSTING OF NOTICE OF PENALTIES FOR
REMOVAL OF SHOPPING CART; PROVIDING FOR THE REQUIRED
IDENTIFICATION OF SHOPPING CARTS; PROVIDING FOR A
PROCEDURE FOR HANDLING IDENTIFIABLE SHOPPING CARTS ON
THE RIGHT-OF-WAY; PROVIDING FOR A PROCEDURE FOR
HANDLING UNIDENTIFIABLE SHOPPING CARTS ON THE RIGHT-
OF-WAY; PROVIDING FOR GENERAL PENALTIES FOR
VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDED FOR
INCLUSION IN THE CODE; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Code and Licensing Enforcement Division, Public Works Department,
and the Swmy Isles Beach Police Department have had difficulty successfully managing
shopping carts deposited on the City right-of-way due to deficiencies in the code;
WHEREAS, the City of Swmy Isles Beach deems it to be in the best interest of the
health, safety, and welfare of its citizens to require the removal of shopping carts from public
property in order to prevent any potential traffic and/or pedestrian hazards and to enhance the
aesthetic appearance of the City;
WHEREAS, local retail establishments need to be held more accountable for the
retrieval and maintenance of their shopping carts;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Section 8A-76 and 8A-76.1 are hereby amended as follows:
See. S~..... 76. Netiee ef peBalties feF FelBer.;" ef sheppiBg earts.
(8) Every retail sales establisbmeBt whieh utiliises sOOppillg earts, as defiBeEl By Florida Statutes,
SeebeR 5(;){;.501(lO), Hi the operati9B of its btlsilless shaD aftiK the feIl6'IAiftg BOtiee te ell suek
0&rts v.1lieh sBall be elearly legible ill the Eftglislt aBtt Spanish l&Rguage aBd shall state the
feYewillg:
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WARNING
~'\By perSeR who reme~leS a sReppHig eart ii'em 'the premises of the ewBef, af is Hi
the pessessioo of &By sheppiBg eert, shaD Be pre51HBed to ee ill pessessieR of
steIeR pr'0perty aM is guilty of a ftttdellle8:ftef of the first degree, puBisllaBle BY a
term efimpriseRIBeRt of lit' to Me (1) year as provided By Seetiefts 506.509 aM
5Q6.S 13 eethe Flerida Stamtes.
(8) AflY esta8IishmeRt desiriftg IR eemptieR ii'om this seetiaR sBaD. file a pet;itieR fer eJfeIBpUoo
8Rd eaele&e IR apprepriMe applieatieR fee to Be cletelmiBed by the City MlMger. f.. pelitieft fer
8ft eHeRlptieR from tlie r~eieRts of this &eerien. may Be gr-aBted by the Difeeter ef the
CellNlftef Serviees Departmem te IRY retail estaelishmeRt whieh:
(1) COBMNets 8erriefs to pr~"/eRt the rem&-'lel of sheppisg earts; or
(2) Attaehes alarm meehanisms ta sheppiBg eerts to pre'leRt their rem&\'6l; or
(3) ImpIemeBts a peliey of BOt aUewmg the wstemer to eKit the store with sheppiftg
earts, pl'{YAdes IR employee to earry er wheel the eustomers merehaBGise to the
eu9tOmers' ':elHele, at1ti agrees to implemeat a progt'&m te eoDeet their 0WB earts
that are illegeJly rem&'.re6.
( e) If MY StlBseetioo, sen.ten.ee, eI&tlse or pm'Asioo of this seetieR is held is'._d, the FefBaiMer
of this seetieD shell BOt Be atfeeteti By Neh isy/aliElity.
(d) This seetieD shall8eeeme eft'eetP/e ten. (10) days' after the date ef en.aetmeRt.
(e) Stttieet. This &eeti<>n. sBaD. staRti repeele6 Bye (5) Ye&fS fi'om its etfeetive date.
See. SA 76.1. SheppiRg earts.
(a) Sl1appiftg eart ideBtifieatiaD sign. requir-eti for r~ establishmeBts. On. or before Feeruary 1,
1998 e\UY retail seles esta8lishmeBt whieh 1JtiIi:zes sheppiftg eartS:, as defiBecl by F.B. f
506.592(10), is the operatiaR of its Bttsitless shell aftk an. iden.tifieatioo sip OR the sh:eppiBg ealt
~diBg the ft8:Jfte, atitifess 8ftd phooe tmfBber of the r<<eil estaWisBmeBt. Fail~ to alJitie By
this prevision. shell e0ft5titute a "AelatieD 8R6 resttlt is a eivil penalty as pro'lided ill Ckapter 8eC
(8) Proee6\:H'e for lHmdliBg i6elitmaele sheppiBg eerts fo\:tftti aD puelie property.
(1) Empleyees IRd oftieers of Miami Dade Cooety shall be deemed agen.ts of
Miami Dade C0tlflty 8R6 MY ideaafieNe sheppiBg earts fotHld By them OR ptlBIie
pr'0perty E1uriBg the 0etlfSS ef their oftieiat daties sBaD. Be reported to the DepartlBeBt of
Sali6 ')/ aste MatlagemeBt. The DeparttBeDt shaD. eelleet the sheppiBg ems aDd pleee
them is sterage.
(2) The Direetor of the DepartmeBt af Selic! Waste M8ft&gefIleBt er his desigBee shall
prGVide reasofHl1Me ROOee VlithiR a reaBOB89le period ef time te the eWflef of the sheppittg
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elUt as desigftateEl 0ft the sheppiftg eart's iaeBtifieatieB sigB to retrieve the property. Said
BOtiee shall oe seAt by eert-ifieEt maill'etw1l reeeipt r~qlieste8.
(3) The OWBef oftke shoppiBg e8rt shaD have tell (10) days Kom reeeipt of the Betiee to
retrie~;e the preperty. Up0ft retr1e\llI of the pr-aperty, the o~mer shall pay all eosts of
reme9,al anEI starage in. the form ora fee as set forth in. eseeUoB. (t;).
(4) The OWBer'S failwe to r<<rieve the pf0perty withiB the time statee in. tlle aetiee shell
eeBfiitute a vialatieB &BEl Fes1:1k in. a wAl penalty as pftYM" iB Chapter gCC EaeIt
tmelaime8 shopping ealt shall oe daemeEt a separate vielatioB.
(5) The (}VJBer of the shoppin.g e&rt who, after BOtiee as previ4ed in. this seebeR, does ft0t
remw/e Sl:Ieh preperty 'WithiB the speeifiee period sftaIl De lia8Ie te the Deper..meet of
Soaa Waste Mtmagemeat fer all eosts of FeHlovel, stefa.8fld disposal of suell property
in. tfte form of a fee as set forth in SNbseetieB (6).
(6) The fees shall be iB 8ft amolfllt to be determiBe8 By the CEM:lBty Manager by
f~tive Ofder aBEI approyed By the BaarG of Ce\iftty CefBfBiseieBefS. All fees
reeei";e8 hereaBder shell be deposited iB a separate COliftty ftmd and. shall oe used
eXGlisi-vely by the Department of Selia 'VilMa Mafte.gemeftt for tile regalatien,
meBitering and implemea.tati0ft ef this seeDeB.
(7) If the sheppin.g 0art is ROt claimed by the owner ".vithiB the time speeitied iB this
seeUeR, the title te Sliell property shaD vest iB Miami Dade County &BEl shell be 8ispesed
ofby the DepaJtfBeBt.
(6') Proeedure fer ftan6Iiftg ufliaeBttBable sheppiBg earts fettfttt eB plielie preperty. .:\11
Wlidea.tifiabla sheppiRg earts foNftEI on p1:10ae property shaD oe htHteIed in. aeeer.aanee with F.S.
ell. 705, as ameBa" friJm time to time.
(El) The Dep8l1meftt (leSalid Waste MaMgemea.t is delegated tl\e 8l:ltherity te eMeree this
se$eB.
Section 1-1. This Ordinance shall be entitled "Shopping Cart Re&u1ations".
Section 1 ~2. Definitions.
Shopping Carts sba1l be defined as found in section 506.502 of the Florida Statutes, as
may be amended from time to time.
Section 1-3. Notice of penalti~s for removal of she>pping cart~ 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, and such notice shall be clearly legible in the
English and Spanish language and shall state:
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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.
(b) Failure to abide by the provisions of subsection (a) above shall constitute a
violation and result in a civil penalty in the amount of $ 25.00 per cart.
(c) Additionally, any business and/or entity providing shopping carts for the use of
their patrons or employees shall:
(1) Construct barriers to prevent the removal of shopping carts from the
businesspremise~or
(2) Attach alarm mechanisms to shopping carts to prevent their removal; or
(3) Implement a policy of not allowing the customer to exit the store with
shopping carts, and/or
(4) Provide an employee to carry or wheel the customers' merchandise to the
customers' vehicle.
(5) Implement a twice-weekly program of collection 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 City.
(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 $ 250.00 per violation.
Section 1-4. Identification of shopping carts required.
An establishment that utilizes shopping carts in the operation of its business shall affix an
identification sign on the shopping cart providing the name, address and phone number of the
retail establishment. Failure to abide by this provision shall constitute a violation and result in a
civil penalty in the amount of $ 25.00 per cart.
Section 1-5. Procedure for handling identifiable sho1>'ping carts found on public property.
(1) Employees and officers of the City of Sunny Isles Beach shall be deemed agents of
the City and any identifiable shopping carts found by them on public property during the
course of their official duties shall be reported to the City Code & Licensing Department.
(2) The Director of the Code & Licensing Enforcement Department or his designee shall
provide notice to the owner of the shopping cart, as designated on the shopping cart's
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identification sign, to retrieve the cart within forty-eight (48) hours. Said notice shall be
served as provided for in section 162 of the Florida Statutes.
(3) The owner's failure to retrieve the property within the time stated in the notice shall
constitute a violation and resuh in the immediate removal of the shopping cart( s) from the
public right-of-way by the City Public Works Department; through an interdepartmental
request from the Code & Licensing Enforcement Department.
A. The City Public Works Department shall collect the shopping carts and
transport same to the Miami-Dade Solid Waste Transfer cite located at
8801 NW 58 Street (or as may be designated by SWM) for storage.
B. The Director of the Code & Licensing Enforcement Department or his
designee shall notifY the owner of the shopping cart( s), in writing, of the
transfer to the Miami- Dade Solid Waste Transfer cite.
Section 1-6. Procedure for handling uniQentifiable shoppinj carts fo~d on public property.
All unidentifiable shopping carts found on public property shall be handled in accordance with
Chapter 705 of the Florida Statutes, as amended from time to time.
Section 1-8. Oeneral 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 of $250.00, unless otherwise specified herein, to be issued in accordance
with Ordinance No.'s 98-21,98-57, & 99-71 and any statutory requirements.
Section 1-9. Severability.
Provisions of this Ordinance are declared to be severable and if any section, sentence, clause or
phrase of this Ordinance shall be held to be invalid or unconstitutional, shall decision shall not
affect the validity of the remaining section, sentences, clauses and phrases of this Ordinance, but
they shall remain in effect it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 1-10. Inclusion in Code.
It is the intention of this Commission and is hereby ordained that the provisions of this
Ordinance shall become and made part of the City of Sunny Isles Beach Code; that tlie Sections
of this Ordinance may be renumbered or re-Iettered to accomplish such intentions, and that the
word "Ordinance" shall be changed to Section or other appropriate word.
Section 1-11. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
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Section 1-12. Effective Date.
This ordinance shall become effective as provided by law. Enforcement will commence thirty
(30) calendar days after adoption of this ordinance so that the City may have an opportunity to
disseminate information to the general public regarding the requirements of this ordinance.
PASSED AND ADOPTED on first reading this 15~ day ofMarcb, 2001.
PASSED AND ADOPTED on second reading this IT~ay of~ 2001.
J~!~
David Samson, Mayor
ATTEST:. , .
. . . ~
,I ,_
~~~~
, RiGhatd BrtJwb-MoriDa, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
~. ~
M. Dannheisser
City Attorney
Moved by: ~~W\~\~~:~~ ~()~~~
Seconded by: ~\ ~T 'T
Vote: 5-0
Mayor Samson
Vice Mayor Kauffinan
Commissioner Iglesias
Commissioner Turetsky
Commissioner Morrow
~(Yes
~(Yes)
V(Yes)
V (Yes)
---'L... (Y es)
_(No)
_(No)
_(No)
_(No)
_(No)
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