6315-98 f
a
" ORDINANCE NO. 6316-
AN ORDINANCE OF THE CITY OF Ci,EARWATER, FLORIDA,
RELATING TO REMOVAL OF ABANDONED SHOPPING
Ca aRTS CR PARTS 'a HEREOF FROM PUBLIC PROPERTY
AND FROM CERTAIN PRIVATE PROPERTY WHERE
VISIBLE FROM PUBLIC: PROPERTY CREATING CODE OF
ORDINANCES SECTION 20.81 TO AUTHORIZE SUCH
REMOVAL BY THE CITY MANAGER OR DESIGNEE;
PROVIDING FOR STORAGE OF SUCH PROPERTY AND
NOTIFICATION TO :IDENTIFIABLE OWNERS; PROVIDING
EX C EPTIONS, PROVIDING AN EFFECTIVE DATE.
WHEREAS,, a proliferation oo abandoned shopping carts has occurred within the City
of Clearwater, bot;h on public and private property, and the presence of such items,
particularly M riesidelintial areas, creates visual blight and leads to urban decay and declining
propett values, as well as creating a hazard to the health and safety of minors, and
fcrec�fin a harborage for rodents ark+ insects, end thus being injurious to the public health,
safety and welfarie, and it is desirable to provide for the removal of such items from public
' and certain private; property while providing a procedure for retrieval by any identifiable
owner or person having right of possession thereof, now, therefore,
BE 1°f ORDAINED BY THE CITY COMMISSION F THE CITY
Al
OF CrLE:AkWATER, FLORIDA:
Section`1. . Section 20.81,Code of Ordinances, is created to read:
Sec. 20.81 Shopping,carts;removal from public and private properly.
(a) Shopping carts,as defined in Florida Statutes Section 506.502(10), as amended from time to time, or
parts of such carts, which are abandoned on public property including but not limited to streets,
sidewalks, ublic rights-of-way, bus stops, municipal parking lots, parrs, and similar places owned,
leased, or open° ed by any public body, or are abandoned on private property where said carts or
parts thereof,are risible from public property, are hereby declared to be a public nuisance, and ma,
be removed b ° the city manager or designee. Such shopping carts or parts thereof shall be
impounded` and shored by the city at an appropriate location Whenever the city shall impound a
shopping cart or part thereof containing identification of ownership car right to possession, a notice
shall`be ;gent;by ordinary mail to such person ,advising that the shopping cart or part thereof may be
redeemed within thirty days upon payment of costs for removal and storage. Any shopping cart or
part thereof so Meld shall be returned to its owner or person having right of possession ragpon proof of
ownership or right to possession and payment of oosLs for removal and storage. If not claimed, a
shopping cart or part thereof may be sold, destroyed, or otherwise disposed of by the city thirty-one
days following impoundment,
(b) This section shall not be applicable to:
1. shopping carts or parts thereof which are located on private property and are completely
enclosed within a building where they are not visible from public property;
Ordinance Igo. 6315-98
. shopping carts which are shred in a lawful manner on public or private property,owned or
leased by a retail business in connection mrith which the shopping carts are authorizedp to be
used,
shopping Ertl; or parts thereof which are stored in a lawful manner on private property in
conneotioh wilh the business of a licensed dismantler or junk dealer when such storage is
necessary to the operation of lawfully conducted business.
{c In the enforcernenti,of this section the city manager or designee may eater upon public or private
property to examine shoppintj cart® or parts thereof, or obtain information as to the identity of the owner
or person Laving right'.of possession of shopping tails and to remove or cause the removal of shopping
carts or parts thereof declared to be a nuisance pursuant to this section, and assess are appropriate!fee to
cover costs of remova;anal.tutorage.
eotign 2. This'oixiinance shall tako� fffe�rt immediately upon adoption.
PASSED ON'FlkST READING September 3, 1998
PASSED MSE("OND AND FINAL
PEADIN AND ADOPTED Se]tember 177 1998
Pita Garrey; Mayor-Cow i: sion r
Approved as to fora- Attest:
Leslie K. Doug all § `es cyndt E. Goddeau, City Cierk'_
Assistant City Attorney
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2 Ordinance No. 6115-98