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HomeMy WebLinkAboutO-14173City of Miami Ordinance 14173 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13901 Final Action Date: 5/25/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/SHOPPING CARTS," TO CLARIFY CITY OF MIAMI ("CITY") DEPARTMENTS USED FOR ENFORCEMENT AND TO PROVIDE MORE STRINGENT COMPLIANCE FOR CART PICKUP AFTER REMOVAL BY THE CITY FROM PUBLIC PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes 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 added Chapter 31, Article IV to the Code of the City of Miami, Florida, as amended ("City Code") to address the continued failure of local businesses to maintain control over their shopping carts and baskets ("carts") which can be found strewn throughout the City's public right-of-way; and WHEREAS, this failure places a burden on the City to remove and store the carts when they are left abandoned on public property; and WHEREAS, Section 506.5131, Florida Statutes, governs the return of carts to the rightful owner and what other governmental agencies may do for enforcement; and WHEREAS, Section 31-83 of the Code of the City of Miami, Florida, as amended ("City Code") requires local businesses who have carts used by customers provide the City with their shopping cart retention and/or collection plan; and City of Miami Page 1 of 7 File ID: 13901 (Revision:) Printed On: 7/1/2025 File ID: 13901 Enactment Number: 14173 WHEREAS, many local business have failed to comply with this provision of the City Code or are not enforcing it requiring the City to expend its resources to collect the carts and store them until they can be picked up or destroyed; and WHEREAS, these carts are a nuisance and hazard to local communities and thoroughfares as they are left almost anywhere at any time, blocking streets, parking spaces, sidewalks and other rights -of -way; and WHEREAS, in order to effectuate better compliance, it is in the best interest of the City and its residents and businesses to clearly delineate the time for not only compliance with pick up of the abandoned carts but to enforce the requirement for shopping cart retention plans; 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 City Code is further amended in the following particulars:1 "CHAPTER 31 LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE IV - SHOPPING CARTS Sec. 31-82. - Administration and enforcement. Except as otherwise provided, tThe 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 Manager or Designee. Sec. 31-83. - Methods of compliance. (a) an owner may comply with this article by creating and carrying out a plan to address the retention or collection of carts ("plan") using any one or more of the following methods: 1 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 Page 2 of 7 File ID: 13901 (Revision:) Printed on: 7/1/2025 File ID: 13901 Enactment Number: 14173 (1) An electronic wheel locking mechanism; (2) physical barrier to prevent the removal of carts from the premises; (3) An alarm mechanism attached to each cart to prevent removal from the premises; (4) Implementation of a policy of not allowing the customer to exit the store with a cart; (5) 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. (b) 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 Io 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 kom 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. (c) Such language shall be visible in the public area where carts are stored and legible from a distance of not less than five feet. City of Miami Page 3 of 7 File ID: 13901 (Revision:) Printed on: 7/1/2025 File ID: 13901 Enactment Number: 14173 (d) A copy of the plan shall be submitted to the a-csigncd NET office of the premises City Manager or Designee for review and approval. 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 article. Notwithstanding the provisions of F.S. § 506.5131, 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. (a) 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 with owner markings may be held by the city for a period of up to 90 days pursuant to Section 705.103(2), Florida Statutes. (11 Marked Carts: If the marked cart, as required in Subsection 31-84, is not claimed by the owner within the time specified in Subsection (a) this article or if the city cannot contact the owner due to the owner's failure to provide identification markings on the cart under subsection 31 8/1(a) of the City Code within 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 F.S. ch. 705. gj Unmarked Carts: Any unmarked Carts shall be tagged pursuant to Subsection 31-86(b), and then considered abandoned and may be disposed or declared surplus and sold if still uncollected in accordance with the City Code and/or Ch. 705, Florida Statutes. gj All proceeds of the sale of such carts shall be the sole property of the city. (b) 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 City of Miami Page 4 of 7 File ID: 13901 (Revision:) Printed on: 7/1/2025 File ID: 13901 Enactment Number: 14173 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 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 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 F.S. ch. 705, or may be disposed of in any manner (including discarded) as determined by the code compliance department or NETCity Manager or Designee. Sec. 31-87. - Exemptions. (a) Any owner desiring an exemption from the identification markings requirements of subsection 31-84(a) shall file a petition for exemption with the director of the code compliance department City Manager 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 year. (b) Upon such filing, the director of the code compliance department City Manager or designee shall issue the owner an exemption from the requirements of subsection 31-84(a) if: (1) 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; (2) 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; (3) 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 (4) 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. City of Miami Page 5 of 7 File ID: 13901 (Revision:) Printed on: 7/1/2025 File ID: 13901 Enactment Number: 14173 (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 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 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. (a) The city may remove and place into storage all carts found on public property. (b) After the city has removed identifiable carts from public property, the code compliance department or NETCity Manager or Designee 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. Reserved Enforcement Notwithstanding the provisions of F.S. § 506.5131, any owner violating the provisions of this article shall be subject the penalties as provided by Chapter 2, Article X, which includes the issuance of a $500.00 citation or notice of violation, as allowed by law. No one form of enforcement shall preclude use of another. *„ 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 immediately after final reading and adoption thereof. 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 Page 6 of 7 File ID: 13901 (Revision:) Printed on: 7/1/2025 File ID: 13901 Enactment Number: 14173 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 7 of 7 File ID: 13901 (Revision:) Printed on: 7/1/2025