After the Las Cruces City Council passed two controversial ordinances regarding solicitation and shopping cart pickup, the Police Department announced it would begin enforcing the new ordinances this fall.
Las Cruces Police Chief Jeremy Story proposed the ordinances.
The amended panhandling bills included changes that removed potentially unconstitutional language to limit the interest to public safety, according to Story and City Attorney Brad Douglas. Story said the changes should allow both laws to be enforceable for the first time since 2018, when the city revised some of its panhandling ordinances in response to objections from the American Civil Liberties Union. The city suspended enforcement of the local laws until they could be revised to comply with free speech protections guaranteed in the First Amendment.
More: Las Cruces narrowly passes ordinances on advertising campaigns and shopping carts
The shopping cart removal ordinance makes it illegal to remove a shopping cart from a store. According to Story, people will be issued a summons. They will not be arrested unless there is a warrant for their arrest.
The Shopping Cart Ordinance also sets out several requirements for stores that use shopping carts. Stores must display a sign/poster on the shopping carts and submit a Community Development-approved shopping cart plan, which must be renewed every two years.
The amended Advertising Regulations and the Shopping Cart Regulations will come into force on August 16, 2024. Police will begin enforcing the Prohibited Advertising Message Regulation on the same day.
Enforcement of the “loitering or loitering on or near any road or highway” law will take effect 30 days later, or approximately mid-September.
However, the agency will delay enforcement of the shopping cart regulation until October 16, 2024, to give everyone time to learn about the new rules and requirements, its press release said.
What Las Cruces will do to enforce laws against solicitation and loitering
- The “Loitering or Loitering on or Near Streets or Highways” ordinance prohibits any person from loitering or loitering on any busy street or highway with a speed limit of 30 miles per hour or on any flat surface 4 feet or more in diameter.
- Under the Prohibited Solicitation Ordinance, it is illegal to solicit money or other items of value on private property or from persons in traffic on a road with a 30 mph speed limit, or to aggressively solicit goods or services on private property or from passengers in a motor vehicle in traffic on a public road with a 30 mph speed limit.
- The possible penalty is a minor misdemeanor with a maximum penalty of 90 days in jail or a $500 fine.
- The district court may also impose a sentence of community service or treatment for substance abuse or mental health problems. District judges may also suspend or defer the sentence.
What the Las Cruces Shopping Cart Ordinance Says About Enforcement
- Retailers are not required to collect shopping carts directly from people who may have them, nor should they attempt to do so.
- Violators who take a car can be treated as a minor misdemeanor and can be punished with a fine of between $100 and $500, depending on the number of violations in the same year.
- Instead of a prison sentence, “the judge may order the person to perform community service, which by definition includes, but is not limited to, counseling and/or treatment for substance use disorders and/or mental health treatment.”
- The city says it will hold a person’s belongings for up to 90 days. However, it is unclear where the city would keep a person’s belongings if a shopping cart is confiscated or the person chooses to seek treatment.
Jason Groves can be reached at 575-541-5459 or [email protected]. Follow him on X @jjpgroves.
