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File ID: #4493
Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL
BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS,"
SPECIFICALLY BY CREATING ARTICLE IV, TITLED "SHOPPING CARTS,"
REQUIRING THE MAINTENANCE OF A SYSTEM TO RETAIN SHOPPING CARTS
WITHIN THE PREMISES OF COMMERCIAL ESTABLISHMENTS AND THE
COLLECTION OF SHOPPING CARTS FOUND TO BE OFF PREMISES AND ON
PUBLIC PROPERTY BY THE CITY OF MIAMI ("CITY"), MORE PARTICULARLY BY
ESTABLISHING DEFINITIONS, PROVIDING FOR THE ADMINISTRATION OF THE
PROGRAM AND ENFORCEMENT, METHODS OF COMPLIANCE, IDENTIFICATION
MARKINGS ON CARTS, VIOLATIONS, UNCOLLECTED CARTS, EXEMPTIONS,
REMOVAL, STORAGE, AND DISPOSAL OF CARTS FOUND ON PUBLIC
PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami File ID: 4493 (Revision: A) Printed On: 4/3/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13788
File Number: 4493 Final Action Date: 9/27/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL
BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS,"
SPECIFICALLY BY CREATING ARTICLE IV, TITLED "SHOPPING CARTS,"
REQUIRING THE MAINTENANCE OF A SYSTEM TO RETAIN SHOPPING CARTS
WITHIN THE PREMISES OF COMMERCIAL ESTABLISHMENTS AND THE
COLLECTION OF SHOPPING CARTS FOUND TO BE OFF PREMISES AND ON
PUBLIC PROPERTY BY THE CITY OF MIAMI ("CITY"), MORE PARTICULARLY BY
ESTABLISHING DEFINITIONS, PROVIDING FOR THE ADMINISTRATION OF THE
PROGRAM AND ENFORCEMENT, METHODS OF COMPLIANCE, IDENTIFICATION
MARKINGS ON CARTS, VIOLATIONS, UNCOLLECTED CARTS, EXEMPTIONS,
REMOVAL, STORAGE, AND DISPOSAL OF CARTS FOUND ON PUBLIC
PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities
shall have governmental, corporate, and proprietary powers to enable municipalities to conduct
municipal government, perform municipal functions, and render municipal services; and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes, except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act,"
reinforces the authority granted under the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law and to
enact ordinances in furtherance thereof; and
WHEREAS, within the above -referenced grant of powers, the City of Miami ("City") has
the authority to regulate for the protection of the public health, safety, and welfare of its
residents, businesses, and visitors; and
WHEREAS, the City seeks a partnership with local businesses to prevent the misuse,
theft, and abandonment of shopping carts consistent with the requirements of Section 506.5131,
Florida Statutes, which governs the return of shopping carts to the rightful owner; and
WHEREAS, the City believes that abandoned, but usually functional, shopping carts
within neighborhoods and along major traffic corridors constitutes a nuisance and safety hazard;
and
WHEREAS, local retail and wholesale establishments need to be held more accountable
for the retrieval and maintenance of their shopping carts; and
City of Miami File ID: 4493 (Revision: A) Printed On: 4/3/2025
WHEREAS, the City deems it to be in the best interest of the health, safety, and welfare
of its residents to provide for regulations of shopping carts to enhance the aesthetic appearance
of the City and to prevent any potential traffic and/or pedestrian hazards;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 31 of the Code of the City of Miami, Florida, as amended ("City
Code"), is further amended in the following particulars:1
"CHAPTER 31
LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE IV - SHOPPING CARTS
Sec. 31-81. Definitions.
As used in this Ordinance, the following terms are defined as set forth below:
(a) Cart means a shopping cart or basket which is mounted on wheels or a
similar device generally provided by a commercial establishment for use by a
customer or an employee of said establishment for the purposes of
transporting goods of any kind for any purpose.
(b) Owner means any individual or entity, who in connection with the conduct of
a business, owns, possesses, or makes any Cart available to customers or
the public. For purposes of this Article, Owner shall also include the Owner's
on -site or designated store manager or agent that provides the Carts for use
to its customers.
(c) Premises means the entire area owned and utilized by the commercial
establishment that provides Carts for use by customers, including any parking
lot or other property provided by the Owner for customer parking.
Sec. 31-82. Administration and enforcement.
Except as otherwise provided, the provisions of this Article shall be administered and enforced
by the City's Code Compliance Department and Neighborhood Enhancement Team ("NET").
However, in enforcing the provisions of this Article, any employee of the City may remove, or
cause the removal of a Cart, or parts thereof, from public property.
Sec. 31-83. Methods of compliance.
An Owner may comply with this Ordinance by creating and carrying out a plan to
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
City of Miami File ID: 4493 (Revision: A) Printed On: 4/3/2025
address the retention or collection of Carts ("Plan") using any one or more of the
following methods:
LU An electronic wheel locking mechanism;
A physical barrier to prevent the removal of Carts from the Premises;
An alarm mechanism attached to each Cart to prevent removal from the
Premises;
Implementation of a policy of not allowing the customer to exit the store with a
Cart;
Providing an employee to carry or wheel the customer merchandise to the
customer's vehicle.
(6) Implementation of a daily program for the collection of Carts that are illegally
removed; and/or
(7) Any other measure approved by the City as a means of preventing Carts from
being removed from the Premises.
ILDj In addition, the Owner shall provide a sign in a visible location on the Premises
notifying Cart users of the retention system and how it works. Such sign shall state
the following in English, Spanish, and Creole:
Warning
Any person who removes a shopping cart from the 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 (1) year as provided by Sections
506.509 and 506.513, Florida Statutes.
Advertencia
Se presupondra que cualquier persona que retire un carro de compras de las
instalaciones sin el consentimiento escrito del propietario del carro de compras o
el minorista esta en posesion de propiedad robada, y es culpable de un delito
menor de primer grado punible con una pena de hasta (1) ano en prision, segun
lo dispuesto en las Secciones 506.509 y 506.513 de los Estatutos de Florida.
Avetisman
Depi yon moun wete charyo sou pwopriyete a san I pa gen pemisyon alekri
pwopriyete charyo a oubyen magazen an, I ap rekonet [corn yon moun ki gen nan
men I atik ki vole e alo I ap koupab yon deli nan premye degre e I ap pini avek
yon pen nan prizon you jouk yon (1) lane konfom ak Atik 506.509 ak 506.513
Ialwa Florida.
Such language shall be visible in the public area where Carts are stored and legible
from a distance of not less than five (5) feet.
A copy of the Plan shall be submitted to the assigned NET office of the Premises for
review and approval.
Sec. 31-84. Identification markings on Carts.
Any Owner that utilizes Carts shall place readily identifiable markings on the Carts which include
the name and address or store number of the particular commercial establishment which owns
the Cart. Contact information including the manager's name, phone number, mailing address,
City of Miami File ID: 4493 (Revision: A) Printed On: 4/3/2025
and electronic mail address shall be provided to the City in the Plan and the Owner shall update
the contact information within ten (10) business days of any changes to such information.
Sec. 31-85. Violations.
Any Owner failing to submit a Plan or failing to properly install and maintain an approved on -site
Cart retention system pursuant to the Plan is in violation of this Ordinance. Notwithstanding the
provisions of Section 506.5131, Florida Statutes, any Owner violating the provisions of this
Article shall be subject to a $250.00 fine per day for failure to sustain a cart retention system
and subject to enforcement proceedings in accordance with Chapter 2 of the City Code.
Sec. 31-86. Uncollected Carts.
The City may collect any Cart found off the Premises and on public property. The City
shall notify the Owner of a Cart, as designated on the shopping Cart's identification
markings, in writing when the City has secured an uncollected Cart. After notice has
been provided, any uncollected Carts may be held by the City for a period of up to
ninety (90) days. If the Cart is not claimed by the Owner within the time specified in this
Article or if the City cannot contact the Owner due to the Owner's failure to provide
identification markings on the Cart under Section 31-84(a) of the City Code within
fifteen (15) days, then such Carts shall be considered abandoned and may be
disposed or declared surplus and sold if still uncollected in accordance with the City
Code and/or Chapter 705, Florida Statutes. All proceeds of the sale of such Carts shall
be the sole property of the City.
If the Owner is not identified on the Cart, then before collecting the Cart, an agent or
employee of the City will place notice on the Cart stating:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY
This property, to wit: (setting forth brief description) is unlawfully upon public
property known as (setting forth brief description of location) and must be
removed within eighteen (18) hours. Failure to remove this property will result in
disposal pursuant to the City Code and/or Chapter 705, Florida Statutes.
Dated this:(setting forth the date of posting of notice) at (setting forth time).
Signed (setting forth name, title, address, and telephone number of the City
official to contact).
(c) The Owner of a Cart without identification markings shall have eighteen (18) hours
from the date and time of the notice to retrieve the Cart.
(d) A Cart without identification markings and which has been noticed pursuant to the
requirements of this Section shall be considered abandoned after eighteen (18) hours
from the date and time of the notice to retrieve the Cart and the abandoned Cart may be
sold if still uncollected in accordance with the City Code and Chapter 705, Florida
Statutes, or may be disposed of in any manner (including discarded) as determined by
the Code Compliance Department or NET.
Sec. 31-87. Exemptions.
City of Miami File ID: 4493 (Revision: A) Printed On: 4/3/2025
Any Owner desiring an exemption from the identification markings requirements of
Section 31-84(a) shall file a petition for exemption with the Director of the Code
Compliance Department or designee. The filing fee for a petition for exemption shall be
$500.00 per year for each Premises and due on or before October 1 of each year. A
petition for exemption shall be valid for a period of no more than one (1) year.
(b) Upon such filing, the Director of the Code Compliance Department or designee shall
issue the Owner an exemption from the requirements of Section 31-84(a) if:
LU Physical barriers exist to prevent the removal of the Cart(s) from the
Premises or the parking lot where utilized, which conform to all applicable
building code requirements;
Electronic wheel locking mechanism, alarms, or other security devices
(such as wheel locking mechanisms to be used in conjunction with an
electronic barrier or protruding arms or similar devices prohibiting the Cart
from being removed from the interior of the Premises) are attached to the
Carts to prevent its removal from the Premises or the parking lot where
utilized:
A system has been established, which may be mechanical in nature,
requiring a deposit to use the Cart in an amount which would not deter the use
of the Cart but would encourage the return of the Cart; or
L Similar methods have been adopted that would prevent the removal of a
Cart from the Premises where utilized.
(c) Any exemption granted under this Article shall expire if the grounds for the exemption
cease to be maintained or used.
(d) Any Owner with a commercial establishment who provide Carts for use by a customer
prior to the effective date of this Article, shall have a period of one (1) year from the
effective date of this Article to come into compliance with this Article.
(e) The Owners of a Premises of under 5,000 square feet with a maximum of fifteen (15)
Carts or less for use by a customer of the Premises shall be exempt from the
requirements of this Article.
Sec. 31-88. Removal, storage, and disposal of Carts found on public property.
The City may remove and place into storage all Carts found on public property.
f After the City has removed identifiable Carts from public property, the Code Compliance
Department or NET shall promptly provide written notice by regular mail to the Owner at
the address designated on the Cart's identification markings. If the Cart has no
identification markings but the Owner can otherwise be readily determined by other
distinguishing characteristics or notice to the City, the Code Compliance Department or
NET shall mail the notice to the determined Owner. The notice shall be deemed
complete upon mailing and posting by the Code Compliance Department or NET and
receipt of the notice by the Owner is not required.
Sec. 31-89. Severability of Ordinance.
City of Miami File ID: 4493 (Revision: A) Printed On: 4/3/2025
If any provision of this Ordinance or the application thereof to any person or circumstances is
held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which
can be given effect without the invalid provision or application, and to this end the provisions of
this Ordinance are declared severable.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the City Code which provisions may be renumbered or
relettered and that the word "ordinance" may be changed to "section," "article," or other
appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 7117/2018
ndez, ity Attor ey 9/17/2018
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 4493 (Revision: A) Printed On: 4/3/2025