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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: 0200 I-Shopping Cart Ordinance 10f7 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 02001-Shopping Cart Ordinance 20f7 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: 0200 I-Shopping Cart Ordinance 3of7 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 0200 I-Shopping Cart Ordinance 40f7 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. 0200 I-Shopping Cart Ordinance 50f7 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) 0200 I-Shopping Cart Ordinance 6of7