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File #: PO-2022-09    Version: 1 Name: Shopping Carts
Type: Ordinance Status: Passed
File created: 2/28/2022 In control: Code Compliance Division
On agenda: 5/4/2022 Final action: 4/6/2022
Title: An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 129,"Shopping Carts" Of The Code Of Ordinances Creating New Sections Entitled "Retrieval Plan" And "Plan Submission And Review".
Attachments: 1. ORDINANCE - CHAPTER 129 - SHOPPING CARTS -revision (DRG) -final, 2. Fla Statute 506.5131.pdf, 3. Chapter 129 Existing Regulations

Title

An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 129,"Shopping Carts" Of The Code Of Ordinances Creating New Sections Entitled “Retrieval Plan” And “Plan Submission And Review”.

 

 

Strategic Plan Focus

Quality of Life & Strong Neighborhoods

 

 

Body

 

Staff Recommends: The Approval of the Attached Ordinance.

 

 

Explanation:

 

No changes since first reading of the ordinance.

 

The purpose of Chapter 129 of the Hollywood Code of Ordinances reflects the City’s commitment to encourage responsible retail retention of shopping carts to reduce blight and ensure the public health, safety and welfare of the City.

 

Far too often patrons of local retailers push shopping carts off a retailer’s property and leave the cart in the public realm, whereby City staff are burdened with retrieving carts for private businesses.  It is estimated that Public Works retrieves as many as 200 shopping carts every month. Today once a shopping cart is retrieved it is returned to the retailer by Public Works employees. This is not only a burden on City resources but also private businesses, as carts sustain additional wear and tear, and unreturned carts are regularly replaced.

 

If approved, the proposed ordinance ensures the burden of responsibility is that of the retailers who choose to accommodate patrons with the use of shopping carts.   The options for these establishments include:

 

The retailer can independently or coordinate with another establishment to submit a retrieval plan to Public Works, including the retrieval method, logistics and contact information for the retail establishment and responsibly party for retrieval; or the retail establishment may request permission (Code Compliance Division) to use one of the following methods in lieu of a retrieval plan:

 

1. A physical barrier or barriers may be installed, such as bollards, which restrict shopping carts to the main or primary entryway of the business;

 

2. Equip shopping carts with protruding devices, arms or similar devices, which operate to prohibit the cart from being removed from the interior of the business;

 

3. A system, which may be mechanical by nature, requiring a monetary deposit that is of a reasonable amount such that it does not deter usage of the cart but encourages return of the cart and allows for a refund of the deposit; or

 

4. A shopping cart wheel-locking system may be used in conjunction with an electronic barrier along the perimeter of the business establishment premises that causes the shopping cart wheels to lock when the cart approaches or crosses the barrier location by activating the electronic barrier.

 

The proposed ordinance also establishes specific timeframes for the City to respond to said requests. 

 

It’s important to note that Florida Statute 506.5131 restricts a municipality’s ability to apply fines, fees or other costs to a retailer for shopping carts abandoned on public property. With that being said, the proposed ordinance now includes that each day a violation continues after receipt of a written notice of such violation shall constitute a separate violation and a separate offense for the purposes of penalties and remedies.

 

Also, in addition to the penalties and remedies, the City may institute any appropriate action or proceedings to prevent, restrain, correct or abate a violation of this Article, as provided by law.

 

Retailers that have taken measures, such as Aldi Supermarket Company, to ensure that shopping carts cannot be removed from their premises, have virtually eliminated the removal and loss of their shopping carts.  

 

Staff recommends the changes necessary to ensure retailers maintain the responsibility and recovery of their shopping carts.  This ordinance change is necessary to ensure responsible use of City resources, while also maintaining the quality of life for surrounding property owners.

 

Attachments:

Existing Ordinance

Florida Statute 506.5131

 

 

Fiscal Impact:

Approval of this ordinance amendment will not have a fiscal impact on the City of Hollywood.

 

 

Recommended for inclusion on the agenda by:

John Chidsey, Code Manager, Division of Code Compliance

Andria Wingett, Assistant Director, Department of Development Services

Shiv Newaldass, Director, Department of Development Services

Gus Zambrano, Assistant City Manager for Sustainable Development

Adam Reichbach, Assistant City Manager for Finance and Administration