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HomeMy WebLinkAboutOrdinance 2002-156 ORDINANCE NO. ZOll 7. - , S'=' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AMENDING ORDINANCE NUMBER 2001-118 ENTITLED SHOPPING CART REGULATIONS; PROVIDING FOR A NEW PROCEDURE FOR HANDLING IDENTIFIABLE SHOPPING CARTS ON THE RIGHT-OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDED FOR INCLUSION IN THE CODE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission approved ordinance number 2001-118 in an effort to aid the Code Enforcement and Licensing Department of the City of Sunny Isles Beach in managing shopping carts deposited on the City right-of-way; WHEREAS, local retail establishments need to be held more accountable for the retrieval and maintenance of their shopping carts; WHEREAS, it is deemed 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; NOW THEREFORE, BE IT ORDAINED BY THE CrIY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 1-5 entitled "Procedure for handling identifiable shopping carts found on public property" is hereby amended as follows: (1) Employees and officers of the City of Sunny Isles Beach shall be deemed agents of the City and any idcfttdiablc shopping carts found by them on public property during the course of their official duties shall be reported to the City Code Enforcement and Licensing Department. (2) The Difeetor of the Code & Liceftsm.g Eftforeemeftt Depcd ti..eftt or his designee shaR profl.cle ftottee to the OWftef of the shopping eart, l't3 desigaated Oft the shopping eart's idefttifieation sign., to retrieve the em within forty eight (48) hours. Said notiee shaR be served l't3 provided for ift section 162 of the Florida Statutes. (3) The owner's fafltlfe to rettie-ie the property within the time stated ift the ftottee shaR COft3tttute a vlolatioft aftd result ift the immediate removsl of the SftOppiag eart(s) from. the public right of way hy the City Public Works Depcdu..eftt; thro~ aft iftterdepcdu..eftts:l request from the Code & Licefl.siftg Enforeement Depcd ti..mt. 02002-Shopping Cart Ordinance Amend 10f3 A The City Public ~T orks Department shall collect the shopping carts aRd traRsport same to the :Miaml. Dade Solid ~Taste Transfer cite located at 8801 NW 58 Street (or as mlty be desigfillted by SWM) for storage. B. The Director of the Code & LiceRsing Enforcement DepaH:1l:~ent or his desigflce shall notify thc owfter of the shopping cltrt(s), in wfl.tiftg, of the transfer to the Mia-mi Dade Solid Waste Transfer cite. (2) The owner's failure to retrieve any shopping carts from the City right-of way shall cause the shopping carts to be removed by the City. The City Public Works Department shall remove the shopping cartes) from the public right-of-way upon receipt of an interdepartmental request from the Code Enforcement and Licensing Department or as may be necessary to aid in the enforcement of this ordinance. (3) The City Public Works Department shall collect the shopping carts and transport same to a Miami-Dade Solid Waste Transfer cite. as may be desigPated by the Miami-Dade Solid Waste Department for storage. (4) The Director of the Code & Licensing Enforcement Department or his desigPee shall notify the owner of the shopping cartes). in writing. of the transfer of the shopping cart(s) to the Miami- Dade Solid Waste Transfer cite. Section 1-2. 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 1-3. 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 the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the word "Ordinance" shall be changed to Section or other appropriate word. Section 1-4. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed insofar as they are in inconsistent or in conflict with this ordinance. Section 1-5. Effective Date. This Ordinance shall be effective ten days after adoption on second reading. 02002-Shopping Cart Ordinance Amend 20f3 PASSED AND ADOP'IED on first reading this 141H day of May 2002. ~ PASSED AND ADOP'IED on second reading this day 0 2002. -~' .:'. , '~ ...... J,j 4. ....' " . ... '~f:rEsr;:' ", t J ~', "./- ~ ./ \,~:' 4JJ~~ll ..Jljch~d Br~wn-M~~ City Clerk _" . I ~ (o' " J , ",.,,' -, " APPROVED AS TO FORM AND LE SUFFICIENCY ~~:~~:J~r- &~== ~~~tj~ Vote: 5-0 Mayor Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman ~(Yes V (Yes) ~(Yes) V (Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) 02002-Shopping Cart Ordinance Amend 30f3