HomeMy WebLinkAbout2023-002-458_-_Shopping_Cart_Retention_-_Adopted_(1).docxORDINANCE NO. 2023-002-458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE VI SECTION
6-215 OF THE CODE OF ORDINANCES TO INCLUDE A
RETENTION SYSTEM TO BE UTILIZED BY BUSINESSES
PROVIDING SHOPPING CARTS FOR USE BY THEIR PATRONS
AND AMENDING ARTICLE VI SECTION 6-219; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City has many businesses that operate in Miami Gardens that
provide shopping carts to patrons to use while shopping, and
WHEREAS, recently there has been an overwhelming amount of shopping carts
found throughout the City creating an eye sore and danger to residents and others
throughout the community, and
WHEREAS, the proposed amendment includes a Retention System which is
required to be used by businesses to prevent shopping carts from being removed from
the premises and left throughout the City, and
WHEREAS, Councilman Robert Stephens, III is recommending the City Council
amend Article VI, Section 6-215 of the City of Miami Gardens Code of Ordinances to
include a Retention System to be used by businesses in the City that provide shopping
carts for usage by their patrons and amend Article VI Section 6-219.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: That the Code of Ordinances, City of Miami Gardens,
Florida, is hereby amended by revising Article VI, Section 6-215 of the City of Miami
Gardens Code of Ordinances to include a Retention System to be used by businesses
in the City that provide shopping carts for usage by their patrons as follows:
Sec. 6-215. Notice of penalties for removal of shopping carts; 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,
Spanish, and Creole languages and shall state:
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Ordinance No. 2023-002-458
WARNING
Any person who removes a shopping cart from premises without the written consent of the
owner of the shopping cart or the retailer, 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 year as provided by F.S. §§ 506.509 and 506.513.
(b) Prevention. Any business and/or entity providing shopping carts for the use of their patrons
or employees shall:
(1)
a) Construct barriers to prevent the removal of shopping carts from the business
premises; or Attach alarm mechanisms to shopping carts to prevent their removal;
or
(2) Attach alarm mechanisms to shopping carts to prevent their removal; or
b) Utilize Shopping carts equipped with a wheel locking mechanism and anti-tilting bar
that is used in conjunction with an electronic barrier along the perimeter of the area
where shopping carts are allowed. The wheel locking mechanism shall activate
when the shopping cart crosses the electronic barrier; or
(3) Implement a policy of not allowing the customer to exit the store with shopping carts;
and/or
c) Implement a system whereby customers are prevented from exiting the store with
shopping carts such as the installation of anti-theft brackets and poles; and
(4) Provide an employee to carry or wheel the customer's merchandise to the customer's
vehicle.; and
(5) Implement a twice-weekly program of collection of its carts that are illegally removed.
An affidavit from the affected business owner detailing the specific days of collection
shall be submitted to the city.
(2)
a) Implement a toll-free shopping cart recovery service system whereby any person
who identifies a shopping cart outside of the premises or parking area of the
business can call the number and a vehicle arranged by the business is dispatched
to recover the cart; and
b) Implement a twice-weekly program of collection of its carts that are illegally
removed. An affidavit from the affected business owner detailing the specific days
of collection shall be submitted to the city.
(3) Any business and/or entity providing shopping carts shall post signage in a conspicuous
location notifying shopping cart users of the preventative measures and retention
system and how such system operates.
Section 3. AMENDMENT: That the Code of Ordinances, City of Miami Gardens, Florida, is
hereby amended by revising Article VI, Section 6-219 of the City of Miami Gardens Code
of Ordinances as follows:
Sec. 6-219. General 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 per violation, unless otherwise specified herein, to be issued in
accordance with section 1-13 and any statutory requirements.
Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
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Ordinance No. 2023-002-458
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 6. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 7. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 14th DAY OF DECEMBER 2022.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 25, 2023.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: C0UNCILMAN ROBERT STEPHENS, III
Moved by: Councilman Leon
Seconded by: Councilwoman Campbell
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Wilson Yes
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Ordinance No. 2023-002-458
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilman Stephens, III Yes
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