The City of Las Cruces has determined that the unauthorized removal of shopping carts, or parts thereof, on public and private property from retail establishments constitutes a nuisance, creates potential hazards to the health, welfare, and safety of the public, and interferes with pedestrian and vehicular traffic.
The accumulation of wrecked, dismantled, and/or abandoned shopping carts on public and/or private property creates conditions that reduce property values and promote blight and neighborhood deterioration within the city. The City added to the municipal code a chapter to make the removal of shopping carts from the premises of a business establishment a violation of code.
This chapter ensures store owners will take action to reduce the removal of shopping carts from a business establishment’s premises. This chapter will require business establishment owners to facilitate in the retrieval of those shopping carts removed from the establishment’s premises. Addition of this Chapter was discussed at the April 29, 2024, Special Work Session.
On August 5, 2024, Las Cruces City Council passed an ordinance, adding CHAPTER 18 (Nuisances), ARTICLE III – Shopping Cart Containment and Retrieval, to the Las Cruces Municipal Code (LCMC), 1997 as amended.
Shopping Cart Containment & Retrieval Plan Requirements and Guidelines
Frequently Asked Questions
Business Owners will affix an identifying sign or engraved marker to each shopping cart. They will submit a shopping cart plan or request for exemption in conformance with Subsection 5(B) of this code. They will comply with a shopping cart plan approved by the City. They will not allow or authorize a shopping cart to be removed from the premises, except to allow for shopping carts to be serviced or repaired by a qualified and licensed company off-site. They will not remove, disable, or otherwise render ineffective restraints designed to prevent removal of shopping carts or their off-premises operation, such as bollards, wheel locks, poles, or other methods.
An owner who violates this article or any provision of the owner’s approved shopping cart plan, or an owner of real property who allows off-site shopping carts to remain on real property shall be subject to the following enforcement procedures: (a) Revocation of an exemption under Subsection 5 of this code; (b) The requirement that the owner abide by the conditions of a new shopping cart plan, with terms to be dictated by the Administrator; (c) Imposition of a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for a first violation, a fine of not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00) for a second violation within a 365 day period, and a mandatory fine of five hundred dollars ($500.00) for each additional violation within a 365 day period; (d) Procedures for abatement of a nuisance under Sections 18-5 and 18-7 of the Las Cruces Municipal Code; (e) Civil action for enforcement, including to abate a public nuisance by injunctive relief or any other court order; (f) Proceedings for revocation of a use or site development permit, if applicable.
It shall be unlawful and a violation of this Article for any person to:
1. Remove a shopping cart from the retail premises where it is used for shopping purposes; or
2. Possess an off-site shopping cart not subject to an exception identified in this Article; or
3. Abandon an off-site shopping cart; or
4. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or remove, obliterate, or alter an identifying sign, mark, or serial numbers on a shopping cart.
5. Exceptions: Shopping carts may be removed from retail premises for the purposes of maintenance, repair, or any other service, with the written permission of the Owner or his/her designee. Shopping carts may also be temporarily removed from the premises with the permission of the Owner or his/her designee for the purpose of transporting goods to any public mode of conveyance, so long as the shopping cart is immediately retrieved by an employee of the business and returned to the premises. EXHIBIT “A”
6. Enforcement: Prosecution as a petty misdemeanor under the authority of the Las Cruces Municipal Code, Sec. 1-10. A person who violates this provision shall be guilty of a petty misdemeanor. In lieu of any jail time and/or fine, the sentencing judge may order that the person 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.I am text block. Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Shopping carts may be removed from retail premises for the purposes of maintenance, repair, or any other service, with the written permission of the Owner or his/her designee. Shopping carts may also be temporarily removed from the premises with the permission of the Owner or his/her designee for the purpose of transporting goods to any public mode of conveyance, so long as the shopping cart is immediately retrieved by an employee of the business and returned to the premises.
Prosecution as a petty misdemeanor under the authority of the Las Cruces Municipal Code, Sec. 1-10. A person who violates this provision shall be guilty of a petty misdemeanor. In lieu of any jail time and/or fine, the sentencing judge may order that the person 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.