- February 4, 2025
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Port Orange City Council postponed a shopping cart ordinance after business managers expressed their concerns.
The ordinance was first introduced on Sept. 19 by Port Orange Police Chief Thomas Grimaldi, who also oversees code enforcement. He said the ordinance was based on trying to keep the community looking good and reduce the growing number of shopping carts left stranded near bus stops and other areas in the city.
The second reading of the ordinance was underway at City Council's regular meeting on Oct. 16 when store managers from Lowe's Home Improvement and BJ's Wholesale Club asked for more time to review the ordinance, gain more information about the shopping cart issue within the city, and they expressed the high cost of implementing a barrier around their stores.
Florida Statute already has an ordinance that penalizes people who take shopping carts off business property, Grimaldi said. However, the Port Orange ordinance would also place responsibility on business owners to keep track of their shopping carts.
If approved, the ordinance will require business owners to explore ways to keep shopping carts on their property, such as creating a physical barrier, equipping shopping carts with a protruding arm to keep the cart inside the building, creating a system that would require a small deposit, such as a quarter, to use a cart, or using carts with a wheel-locking mechanism triggered by an electric barrier on the edge of the business property. Businesses will also would have to post signs warning people that they cannot take shopping carts.
City attorney Matthew Jones said the city is pursuing this ordinance because they cannot fine local retailers, only fine people removing carts from business property or ask businesses to keep carts on their property.
Councilman Scott Stiltner said he frequently gets complaints from residents about shopping carts, and this is the best way to maintain the quality of life residents are accustomed to.
"We've got a lot of retail store owners and managers that do a great job of managing the property and helping the city be helpful to them, but holistically, not everyone is doing that, and it has gotten way out of control in areas around the city," he said. "We have to be able to reign that control and find a way to work with retail stores and business owners help us help them because that's what this is about."
Mayor Don Burnette said the ordinance is not meant to be punitive, but a way to correct behavior.
Store managers also were concerned about the upfront costs of implementing a barrier.
Only the electrical wheel-locking system would work for their stores, and it will cost between $15,000 to $50,000 and includes creating the perimeter and equipping every shopping cart with a wheel lock. The cost also does not include regular maintenance.
Both store managers said they regularly count the number of shopping carts and have minimal loss, and they don't want to pay for the poor management skills of others.
Councilman Chase Tramont said he was not comfortable mandating businesses to spend money upfront if they are compliant.
"I'm not a fan of adding this burden to businesses," he said.
City manager Jake Johansson suggested amending the ordinance. Instead, retailers would have three strikes before the punitive measure of the ordinance takes effect.
City Council unanimously agreed to update the ordinance to allow more flexibility. City staff will bring the ordinance back for approval at the Nov. 7 general meeting.
