City Council Approves Shopping Cart Ordinance, Amendments to Roadside Safety Ordinances

Las Cruces City Council amended two ordinances and approved a new one intended to clarify roadside solicitation laws, improve public safety and the well-being of pedestrians and motorists, and help curtail the theft of shopping carts from retail stores and the nuisance they sometimes create.

City Council met in regular session Monday, Aug. 5, 2024.

Ordinances in Sections 21-62 and 21-63 of the Las Cruces Municipal Code, related to street and sidewalk solicitations, were updated with new language that is specific to where roadside solicitation can take place safely.

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, if the owner or lawful occupant has asked the person not to solicit on the property or posted a sign clearly indicated such.

Solicitation also cannot be done from any occupant of a motor vehicle that’s in traffic or on a public street with a posted speed limit of 30 miles per hour or greater if the solicitation causes someone to walk upon a portion of the roadway that’s not designated for pedestrian traffic.

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 potential penalty is a petty misdemeanor with a maximum possible penalty of 90 days incarceration or a $500 fine. The municipal court can also levy a judgement of community service, or treatment for substance abuse or mental health. Municipal judges may also suspend or defer any sentence.

City Council approved the measures by a 4-3 vote.

The new ordinance, also approved by a 4-3 vote, relates to shopping cart containment and retrieval. The ordinance intends to eliminate the public nuisance and potential hazards created when shopping carts are removed from retail establishments.

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 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.

Violation of the shopping cart ordinance could result in a petty misdemeanor under Las Cruces Municipal Code, Section 1-10. In lieu of jail time or fine, the ordinance allows the sentence of community service including counseling, treatment for substance use disorders or mental health treatment.

The enforcement of the ordinance would be done in a tiered approach beginning with education.

City Councilors also approved a resolution that approved a $4 million housing trust fund loan agreement with Peachtree Canyon Apartments to construct a 144-unit, multi-family affordable housing complex near the intersection of Peachtree and north Jornada Road.

The agreement includes waivers of permit and impact fees for parks and public safety.

The first stage of the project, anticipated to begin construction in late 2024, includes 144 units that range from one to three bedrooms. A second phase would include another 144 units. City Council voted unanimously in favor of the resolution.

Las Cruces City Council meetings can be seen on the City’s YouTube channel. Las Cruces City Council will next meet in a Work Session on Aug. 12.