The URL can be used to link to this page

Home My WebLink AboutVI (D) 1. First Reading of Ordinances - Second Reading and Public Hearing will be held April 20, 1993 at 7:30 pm - Ordinance No 93-04, relating to Shopping Carts AGENDA 4-6-93 Ocoee Item VI D 1 MA 0 Ocoee -• nalici, tment 17' 6eT,4+�V;'1 E John H. Boyd 0••• ., O C1,° 47.1 Y a (407)656-1313 Chief of Police <•0, G000 ° "Service With Honor And Pride" TO: The Honorable Mayor and Board City Commissioners FROM: John H. Boyd, Chief of Police DATE: March 22 , 1993 SUBJECT: SHOPPING CART ORDINANCE STAFF REPORT ISSUE Should the Honorable Mayor and Board of City Commissioners approve passing an Ordinance regulating shopping carts . BACKGROUND Presently, and in the past , numerous shopping carts have been abandoned along roadways , ditches , and at times , in resident ' s yards . The problem has grown to the magnitude of causing a traffic hazard, littering our roadways , etc . DISCUSSION We have tried, at several levels , to get the applicable businesses to present the Ocoee Police Department with affidavits of prosecution so we could enforce the State Statute relating to removing and theft of shopping carts . We , as of this date, have received no response after being advised of interest in doing so. The problem has become so bad that residents of the City are becoming concerned with the problem of abandonment and littering of carts . I feel we should pass an Ordinance to regulate not only the theft , but to regulate the businesses so we may enforce and reduce this problem at all levels . RECOMMENDATION It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve passing an Ordinance giving the City of Ocoee Police Department , and any other applicable Department , authority to regulate shopping carts . JHB/rmh di- FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDAPOST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON, D.C. WEST PALM BEACH, FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: Chief John Boyd, Chief of Police, City of OcoeeQ� FROM: David P. Barker, Assistant City Attorney ? DATE: March 11, 1993 RE: Ordinance Regarding Abandoned or Discarded Shopping Carts Pursuant to your request, enclosed please find the Ordinance Regarding Abandoned or Discarded Shopping Carts which we prepared. This Ordinance incorporates the provisions which were contained in the draft ordinance which you forwarded to us; however, we have made changes to the form of the Ordinance and the specific matters described below. We deleted the definition of streets to expand the applicability of the Ordinance to cover all public property within the City instead of limiting it to streets. In addition, we have deleted the definition of shopping cart as not to unintentionally limit the applicability of the Ordinance. Secondly, we have limited the Ordinance to removal of shopping carts abandoned on public property or vacant lots within the City. The proposed ordinance which you provided us included the removal of shopping carts from private property, when the shopping carts were discarded on such property without the express consent of the owner of the property and the owner of the shopping cart. We deleted references to abandonment of shopping carts on private property due to problems in the practical enforcement of this provision. In order to impound shopping carts on private property, various notices and procedural provisions would have to be added to the Ordinance. However, we revised the Ordinance to prohibit the abandonment of shopping carts on vacant lots. After you have reviewed the Ordinance, if you have any revisions or comments, please do not hesitate to contact me. However, if no revisions are necessary, you may forward the Ordinance to Jean Grafton to be placed on the City Agenda. cc: Paul E. Rosenthal, Esq. , City Attorney ORDINANCE NO. 93- 04 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW CHAPTER 140 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO THE REMOVAL OF ABANDONED OR DISCARDED SHOPPING CARTS BY THE CITY; REQUIRING THE NAME AND ADDRESS OF THE OWNER TO BE ATTACHED TO EACH SHOPPING CART; AUTHORIZING THE CITY PUBLIC WORKS DEPARTMENT TO REMOVE AND IMPOUND ALL SHOPPING CARTS ABANDONED OR DISCARDED ON PUBLIC PROPERTY LOCATED WITHIN THE CITY; PROVIDING FOR NOTICE TO THE OWNER FOR REDEMPTION OF SEIZED AND IMPOUNDED SHOPPING CARTS; ESTABLISHING A FEE FOR THE REMOVAL AND STORAGE OF ABANDONED OR DISCARDED SHOPPING CARTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee has determined that it is in the best interest of the health, safety and welfare of the citizens of the City to keep all public areas in the City clear of abandoned or discarded shopping carts; and WHEREAS, the expense incurred in connection with the removal and storage of abandoned or discarded shopping carts by the City should be borne by the owner of such abandoned or discarded shopping carts; and WHEREAS, the City Commission of the City of Ocoee desires to impose a fee for the removal and storage of abandoned or discarded shopping carts on the owner of such abandoned or discarded shopping carts. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. A new Chapter 140 of the Code of Ordinances of the City of Ocoee, Florida, is hereby created and reads as follows: CHAPTER 140 Abandoned Shopping Carts SECTION 140-1. Identification of Shopping Carts. All merchants must permanently affix the name and address of the owner to each shopping cart provided for the use of its customers. SECTION 140-2. Abandonment of Shopping Carts; Impoundment. A. No shopping cart shall be abandoned, discarded, or permitted to remain on any public property or vacant lot within the City. B. All shopping carts that are abandoned, discarded, or otherwise permitted to remain on public property or any vacant lot within the City shall may be removed and impounded by the City Public Works Department. The shopping carts shall be impounded at the City's impound garage, or such other place as the City shall designate. SECTION 140-3. Reclamation of Impounded Shopping Carts. The owner of any shopping cart impounded by the City may claim the shopping cart for a period of up to six (6) months after the date of impoundment, by paying a fee of $25. 40 for the cost to the City for the removal of the shopping cart, plus a charge of $2 . 00 per day for each day the shopping cart is in storage. After a period of six (6) months after the date of impoundment of the shopping cart, the City may sell the unclaimed shopping cart at a public auction as unclaimed property, or dismantle, destroy or otherwise dispose of such shopping cart as the City deems appropriate. SECTION 140-4. Notice. Whenever the City shall remove and impound any shopping cart, a notice shall be sent via ordinary U. S. Mail by the Public Works Department to the owner of the impounded shopping cart. The notice shall state that the shopping cart has been impounded by the City and the date of impoundment, advise the owner of the address of the location where the shopping cart is stored, the fee and costs for removal and storage of the 2 shopping cart and the procedure to reclaim the shopping cart from the City. The notice will also advise the owner that the shopping cart must be reclaimed within six (6) months after the date of impoundment, or the unclaimed shopping cart may be sold at public auction as unclaimed property, or dismantled, destroyed or otherwise disposed of as the City deems appropriate. In the event the shopping cart does not contain the name and address of the owner of the cart as set forth in Section 140-1 above, the City shall not be required to send such notice. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any 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 portion hereto. SECTION FOUR. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections 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 in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION FIVE. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 3 PASSED AND ADOPTED this day of , 1993 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED April 8 , 1993 READ FIRST TIME April 6 , 1993 READ SECOND TIME AND ADOPTED , 1993 , UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1993 . FOLEY & LARDNER By: City Attorney 4