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.
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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.
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PASSED AND ADOP'IED on first reading this 141H day of May 2002.
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PASSED AND ADOP'IED on second reading this day 0 2002.
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..Jljch~d Br~wn-M~~ City Clerk
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APPROVED AS TO FORM
AND LE SUFFICIENCY
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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)
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