§ 18-311. On-site retention.

(a)

All business establishments utilizing shopping carts or similar devices, as defined by F.S. § 506.502(10), and having more than 20 shopping carts on-site shall install and maintain a system to retain all shopping carts within the real property boundaries of the business location. The business shall provide signage in a conspicuous location notifying shopping cart users of a retention system in place and how said system operates. The location, type of device and other pertinent information deemed necessary by the city manager must be shown on the approved site plan for the business or lot the business is located on.

(b)

Permitted methods of retention shall include any one of the following methods:

(1)

A physical barrier, such as bollards, restricting shopping carts to the front sidewalk or portion of the business.

(2)

Shopping carts equipped with a protruding arm or similar device prohibiting the cart from being removed from the interior of the business.

(3)

A system, which may be mechanical in nature, requiring a deposit to use a shopping cart: deposit should be of a reasonable amount that would not deter the use of the cart, but would encourage the return of the cart.

(4)

Shopping carts equipped with a wheel locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area shopping carts are allowed. The wheel locking mechanism will activate when the shopping cart crosses the electronic barrier.

(c)

On-site retention exemption. Any establishment that meets the criteria set forth below may request an exemption from subsection 18-311 (a) and (b) above. Such establishment desiring an exemption, shall file a written petition for exemption and enclose an appropriate application fee to be determined by the city manager. A petition for an exemption from the requirements of subsection 18-311(a) and (b) may be granted by the city manager to any establishment which:

(1)

Has fewer than ten notifications from city staff to retrieve its shopping cart from public property within 12 hours in any 12-month period; and

(2)

Has fewer than three notifications from city staff to retrieve its shopping cart from city storage within ten days in any 12-month period.

(d)

Legal nonconforming businesses. Any business that is nonconforming as to on-site shopping cart retention upon adoption of this section shall comply within six months unless otherwise provided for by law.

(Ord. No. 2018-27 , § 1, 12-18-2018)