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 F.S. § 705.103(2).

(1)

Marked carts. If the marked cart, as required in section 31-84, is not claimed by the owner within the time specified in subsection (a), 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.

(2)

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 F.S. ch. 705.

(3)

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 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 city manager or designee.

(Ord. No. 13788, § 2, 9-27-18; Ord. No. 14138, § 10, 2-9-23; Ord. No. 14173, § 2, 5-25-23)