City of Las Cruces changing panhandling and shopping cart ordinances

Update (August 8, 2024): Las Cruces approved the new Shopping Cart Ordinance. It will go into effect Friday, August 16, with enforcement by Las Cruces police starting October 16, 2024.

The gap in time between when the ordinance goes into effect and when it will be enforced gives residents time to become educated on the new rule, a city spokesperson explained.

"The ordinance will, in part, require retail establishments to submit a shopping cart plan, affix an identifying sign to their shopping carts and retrieve carts in a timely manner when they are located," the spokesperson added. "The ordinance maintains previous regulations that make it a violation to remove shopping carts from retail premises or possess them off-site, abandon or alter them."

Violations will be considered a petty misdemeanor.

The city is also updating parts of the municipal code to change street and sidewalk solicitation rules. The changes go into effect Friday, August 16, 2024.

"The new language clarifies that solicitations for money or anything of value are not permitted in an aggressive manner in a public area, or on private property within city limits, or if the owner or lawful occupant has asked the person not to solicit on the property or posted a sign clearly indicated such," the city spokesperson explained.

The potential crime will be classified as a petty misdemeanor with a penalty of 90 days in jail or a $500 fine.

"It also prohibits anyone from standing, loitering, accessing, etc., on narrow medians that are located on roads with posted speed limits of 30 miles per hour or greater," the city spokesperson added.

LAS CRUCES, New Mexico (KVIA) -- Las Cruces City Council will vote on two proposed ordinances Monday that could limit solicitation if passed, as well as make possession of a shopping cart a misdemeanor.

Both ordinances are proposed changes to existing city codes.

According to the proposal in Monday's agenda, the city says they've determined that shopping carts taken from retail stores "constitutes a nuisance, creates potential hazards to the health, welfare, and safety of the public, and interferes with pedestrian and vehicular traffic."

The proposal adds the accumulation of abandoned shopping carts on both private and public property reduces that property's value, and "promotes blight and deterioration of neighborhoods within the city."

The ordinance would make possession of a shopping cart outside of the premises of a retail establishment a misdemeanor, and would impose fines between $100 and $500 dollars.

Additionally, business owners would be required to retrieve shopping carts found off of their property.

A second ordinance vote would prohibit aggressive solicitation, such as panhandlers blocking roadways, intimidation towards motorists, and blocking of vehicles.

The ordinance would not ban panhandling or soliciting on sidewalks.

ABC-7 will keep you updated both on-air and online at KVIA.com as soon as council makes their votes.