§ 26-56. Notice of penalties; exemption procedure.

(a)

Every retail sales establishment which utilizes shopping carts, as defined by F.S. § 506.501(10), in the operation of its business shall affix the following notice to all such carts and at the exits of the retail establishment which shall be clearly legible in the English and Spanish language and shall state the following:

WARNING

Any person who removes a shopping cart from the premises of the owner, or is in the possession of any shopping cart, 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 one year as provided by F.S. §§ 506.509 and 506.513.

(b)

Any establishment desiring an exemption from this article shall file a 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 this article may be granted by the director of the code enforcement division to any retail establishment which:

(1)

Constructs barriers to prevent the removal of shopping carts;

(2)

Attaches alarm mechanisms to shopping carts to prevent their removal; or

(3)

Implements a policy of not allowing the customer to exit the store with shopping carts, provides an employee to carry or wheel the customer's merchandise to the customer's vehicle, and agrees to implement a program to collect their own carts that are illegally removed.

(Ord. No. 2005-11, § 2(e), 6-8-2005)