Las Cruces City Council recently approved a pair of controversial ordinances regarding solicitation and shopping cart retrieval, and the police department has announced that it will begin enforcing these new laws in the fall. Las Cruces Police Chief Jeremy Story proposed these ordinances, which have been amended to address concerns about constitutionality and public safety.
The amended solicitation ordinances have been revised to remove potentially unconstitutional language, narrowing the focus to public safety. Story and City Attorney Brad Douglas worked to ensure that the changes would make the laws enforceable, as they had been suspended since 2018 due to objections from the American Civil Liberties Union. The city revised some of its panhandling ordinances in response to these objections, in order to comply with free speech protections guaranteed under the First Amendment.
The shopping cart retrieval ordinance makes it illegal for individuals to remove shopping carts from businesses. Those caught doing so will be issued a citation, but will not be arrested unless they have an active warrant. Additionally, the ordinance places requirements on businesses that use shopping carts, such as displaying signs and submitting a shopping cart plan for approval every two years.
Both the amended solicitation ordinances and the shopping cart ordinance will go into effect on August 16, 2024. Police will begin enforcing the „Prohibited Solicitation“ ordinance on that same day, while enforcement of the „Standing or loitering on or near street or highway“ law will take effect around mid-September. However, enforcement of the shopping cart ordinance will be delayed until October 16, 2024, to allow time for education on the new regulations and requirements.
The „Standing or loitering on or near street or highway“ ordinance prohibits individuals from standing or loitering on busy streets or highways with certain specifications. The „Prohibited solicitation“ ordinance makes it illegal to solicit on private property or from people in traffic on streets with a 30 mph speed limit. Violators may face penalties such as a petty misdemeanor, incarceration, fines, community service, or treatment for substance abuse or mental health.
Regarding the shopping cart ordinance, retailers are not required to retrieve shopping carts directly from individuals. Violators who take a cart may be cited with a petty misdemeanor and fined, with the possibility of community service or treatment instead of jail time. The city will store confiscated property for up to 90 days, but it is unclear where belongings will be stored if a shopping cart is confiscated.
In conclusion, Las Cruces is taking steps to enforce these new ordinances in an effort to maintain public safety and address concerns related to solicitation and shopping cart retrieval. It is important for residents and businesses to familiarize themselves with the regulations to avoid potential penalties. For more information, individuals can contact Jason Groves at jgroves@lcsun-news.com. Follow him on X @jpgroves for updates on this developing story.