Las Cruces' panhandling, loitering, shopping cart laws will soon go into effect

After Las Cruces City Council approved a pair of controversial ordinances regarding solicitation and shopping cart retrieval, the police department announced it will begin to enforce the new ordinances in the fall.

Las Cruces Police Chief Jeremy Story proposed the ordinances.

The amended solicitation bills included changes that Story and City Attorney Brad Douglas said removed potentially unconstitutional language to narrow the interest to public safety. 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 under the First Amendment.

More: Las Cruces passes solicitation, shopping cart ordinances in close vote

The shopping cart retrieval ordinance makes it illegal for people to remove a shopping cart from a business. According to Story, people will be issued a citation. They will not be arrested unless they have an active warrant for their arrest.

The shopping cart ordinance also sets up several requirements for businesses that use shopping carts. Stores must place a sign/placard to carts and submit a shopping cart plan approved by community development that is to be renewed every two years.

The amended solicitation ordinances and the shopping cart ordinance go into effect on Aug. 16, 2024. Police will begin enforcement of the "Prohibited Solicitation" ordinance on that same day.

Enforcement of the "Standing or loitering on or near street or highway" law takes effect 30 days later or around mid-September.

The department, however, will delay enforcement of the shopping cart ordinance until Oct. 16, 2024, to give everyone time to become educated on the new regulations and the requirements, according to its news release.

What Las Cruces will do to enforce solicitation, loitering laws

• The "Standing or loitering on or near street or highway" ordinance makes it unlawful for any person to stand or loiter on busy streets or highways that have a posted speed limit of 30 mph or a flat area of at least 4 feet in diameter.
• The "Prohibited solicitation" ordinance makes it illegal for any person to solicit on private property or from people sitting in traffic on streets where the speed limit is 30 mph. money or other things of value, or to solicit the sale of goods or services in an aggressive manner, on private property or from any occupant of a motor vehicle that is in traffic on a public street with a posted speed limit of 30 miles per hour.
• 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 judgment of community service, or treatment for substance abuse or mental health. Municipal judges may also suspend or defer any sentence.

What Las Cruces' shopping cart ordinance says about enforcement

• Retailers are not required to retrieve shopping carts directly from individuals who may have them, nor should they attempt it.
• Violators who take a cart could be cited with a petty misdemeanor and fined between $100 and $500 depending on the number of violations within the same year.
• In lieu of jail time, "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."
• The city says it will store a person's property for up to 90 days, but it's unclear where the city would store an individual's belongings if a shopping cart is confiscated or an individual opts for treatment.

Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X @jpgroves.

This article originally appeared on Las Cruces Sun-News: Las Cruces' panhandling, loitering, shopping cart laws will soon go into effect