SHOPPING CARTS

Hollywood, Fla., City Code tit. XI, ch. 129

in effect

Hollywood, Fla., City Code § 129.01 REMOVAL AND POSSESSION OF SHOPPING CARTS.

§ 129.01 REMOVAL AND POSSESSION OF SHOPPING CARTS. (A) It shall be unlawful for any person to be in possession of a shopping cart(s) with a registered name or mark with the intent to deprive the owner or retailer either temporarily or permanently of the shopping cart unless the person has removed the shopping cart(s) from the premises or parking area of a retail establishment with the written authorization of the owner or retailer. (B) This section is not intended to apply to those persons in possession of a shopping cart(s) who have the permission of the owner or retailer to use the shopping cart on the premises or the parking area of the retail establishment. (Ord. O-98-31, passed 11-18-98)

Hollywood, Fla., City Code § 129.02 RESPONSIBILITY OF OWNER OR RETAILER.

§ 129.02 RESPONSIBILITY OF OWNER OR RETAILER. (A) The owner or retailer shall be responsible for posting notices of this chapter on the shopping carts, on the premises, or in the parking area of the retail establishment. (B) Owners and/or retailers that have establishments that provide shopping carts to patrons shall place the name, address and telephone number of the retail establishment owning the shopping cart upon each shopping cart within 90 days of the effective date of this section. (C) The owner and/or retailers are required to execute an agency statement form which shall read substantially as follows: In accordance with F.S. § 506.513(2), it is a violation of F.S. § 506.501 through 506.519, to remove a shopping cart without written authorization from the registered owner, from the premises or parking area of any retail establishment. In accordance with F.S. § 506.519, this prohibition does not apply to the owner of a shopping cart, to a retailer, or to the agents or employees of such owner or retailer. The city is designated as an agent for the registered owner of a shopping cart, or as an agent for the commercial establishment using shopping carts, for the purposes of retrieving any shopping cart which may be located on any property within the city other than the property constituting the business premises of the shopping cart registered owner or the parking lot accessory thereto, or from the business premises of the commercial establishment using the shopping cart, or the parking lot adjacent thereto, or all of the foregoing. The person signing this statement warrants and represents he/she has the authority to sign this document on behalf of the registered agent or commercial establishment, whichever is appropriate. (Ord. O-98-31, passed 11-18-98; Am. Ord. O-2003-17, passed 7-16-03)

Hollywood, Fla., City Code § 129.03 ABANDONED SHOPPING CARTS.

§ 129.03 ABANDONED SHOPPING CARTS. (A) The Environmental Services Division of the Public Works Department shall be responsible for removing any abandoned shopping carts located on city public property. (B) Each department within the city shall designate a person who will notify the Environmental Services Division of the location of any abandoned shopping cart(s) and the name of the owner or retailer responsible for those shopping carts. (C) Upon receiving information regarding an abandoned shopping cart(s), the Environmental Services Division will contact the owner or retailer and advise that they have 48 hours notice to remove the shopping cart(s) from the public property. (D) In the event that the owner or retailer fails to remove the shopping cart(s) the Environmental Services Division shall remove the cart and the city shall notify the rightful owner or retailer of its recovery, if available. (Ord. O-98-31, passed 11-18-98; Am. Ord. O-2003-17, passed 7-16-03)

Hollywood, Fla., City Code § 129.04 SHOPPING CARTS ON PROPERTY OTHER THAN PUBLIC PROPERTY.

§ 129.04 SHOPPING CARTS ON PROPERTY OTHER THAN PUBLIC PROPERTY. Upon a determination being made that a shopping cart is located on property which is not public property, the city shall be able to remove and store such shopping cart. Within two business days of the city coming into possession of the shopping cart, it shall notify in writing the registered owner for the purpose of the registered owner making a claim to the cart(s). The city shall return the shopping cart to the registered owner upon the payment of all expenses incurred by the city in the retrieval and storage of the removed shopping cart. The minimum amount assessed by the city for this purpose shall be established by resolution of the City Commission. A failure by the registered owner to claim the shopping cart within a 90-day custodial time period shall permit the city to dispose of the shopping cart as it deems fit, which will entitle the city to additionally recover its disposition expenses, and additionally shall constitute a violation of this code punishable as provided in this chapter or Chapter 36 of the code of ordinances. (Ord. O-2003-17, passed 7-16-03)

Hollywood, Fla., City Code § 129.05 RETRIEVAL PLAN.

§ 129.05 RETRIEVAL PLAN. (A) Each retail establishment furnishing shopping carts to patrons to transport items purchased from the establishment is required to develop and implement a specific plan to retrieve its shopping carts that are found throughout the city. Two or more retail establishments may collaborate and submit to the city a single plan. (B) Plans must be submitted to the city through its Director of Public Works within 60 days of the effective date of this chapter, and must include the following: (1) A method for retrieving all shopping carts belonging to the retail establishment within the city limits; (2) Name, including the name of a contact person, address and phone number of the retail establishment; and (3) Name, including the name of a contact person, address and phone number of the company implementing the retrieval plan, if other than the retail establishment. (C) The retail establishment may request permission from the city’s Code Compliance Division to employ at least two of the following methods in lieu of the retrieval plan: (1) A physical barrier or barriers may be installed, such as bollards, which restrict shopping carts to the main or primary entryway of the business; (2) Shopping carts may be equipped with protruding devices, arms or similar devices, which operate to prohibit the cart from being removed from the interior of the business establishment; (3) A system may be used, which may be mechanical by nature, requiring a monetary deposit that is of a reasonable amount such that it does not deter usage of the cart but encourages return of the cart and allows for a refund of the deposit; or (4) A shopping cart wheel-locking system may be used in conjunction with an electronic barrier along the perimeter of the business establishment premises that causes the shopping cart wheels to lock when the cart approaches or crosses the barrier location by activating the electronic barrier. (Ord. O-2022-10, passed 5-4-22)

Hollywood, Fla., City Code § 129.06 PLAN SUBMISSION AND REVIEW.

§ 129.06 PLAN SUBMISSION AND REVIEW. (A) The city shall determine whether a retail establishment’s plan for retrieving its shopping carts is reasonably calculated to result in the prompt removal of the retail establishment’s shopping carts found within the city limits. (B) The city shall approve, reject or modify a plan within 15 days of when the plan is submitted. (C) If the plan is approved or approved with modifications, the plan shall be implemented no later than 30 days after approval. (D) If the plan is rejected, the retail establishment shall modify the plan to address the deficiencies and resubmit to the city no later than 30 days after the date of its rejection. (Ord. O-2022-10, passed 5-4-22)

Hollywood, Fla., City Code § 129.07 PENALTY.

§ 129.07 PENALTY. (A) Any person or corporation that violates §§ 129.01(A) or 129.02 shall be subject to a fine of $50. (B) Each day that a violation continues after receipt of written notice of such violation shall constitute a separate violation and a separate offense for the purposes of penalties and remedies. (C) In addition to the penalties and remedies set forth above, the city may institute any appropriate action or proceedings to prevent, restrain, correct or abate a violation of this chapter, as provided by law. (Ord. O-98-31, passed 11-18-98; Am. Ord. O-2003-17, passed 7-16- 03; Am. Ord. O-2022-10, passed 5-4-22)

Source: City of Hollywood, Florida, Code of Ordinances, Charter and Zoning and Land Development Regulations (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/hollywood/latest/hollywood_fl/0-0-0-45052Fetched: 11/8/2026