Taos staff propose shopping-cart ordinance; public hearing set for April 8

Town planning staff on Monday introduced a proposed ordinance to regulate shopping carts in the town of Taos, saying the rule would require businesses that own carts to document and control them and create a joint retrieval process with town code enforcement.

The proposal, identified in the meeting as Ordinance 2025-02, would add shopping-cart regulations to Title 8 (Health and Safety), chapter 8.3 of the Town of Taos municipal code. William Evans, director of planning, zoning, community and economic development, told the council the draft is modeled on language used by Las Cruces and adapted for Taos. "This is genuinely a step forward, a first step forward for improvement," Evans said, adding the measure is not intended to be punitive.

Evans said staff conducted outreach to local businesses: roughly 70% of cart owners were reached directly by staff and invited to a planning meeting; none attended. The ordinance would require businesses to provide a control plan that lists contact information, identifies carts (for example with existing plastic tags), outlines theft-prevention measures and specifies retrieval procedures. The draft gives owners three days to retrieve carts after town code enforcement tags them, and includes signage and cart tags for identifying the origin of a cart.

Evans also emphasized protections in the draft for people in possession of carts: "You can't just walk up and take a cart from somebody regardless of if the use is wrong," he said, and staff would not go onto private property to retrieve carts without permission. He noted existing local efforts: "Smith's is one of the few people that has something in place. I believe they're doing about a monthly review," he said.

Council members raised implementation questions. Councilor Ortega asked how the town will roll out the program beyond ordinance approval; Evans said staff will develop a town form and personally meet each business owner and expects a cooperative approach: "It has to start that way with a handshake and a smile." Councilor Fambro (Mayor Pro Tem) asked about carts that end up outside town limits; Evans acknowledged cross‑jurisdictional issues and said staff would preserve communications with Taos County to coordinate retrieval where appropriate.

Councilor Fernandez asked whether planning and code enforcement have capacity to implement the program; Evans said code enforcement has staff on duty (naming Antonio Fernandez and a second code officer) and that he expects the town can manage rollout with current personnel while seeking additional help in future budgets. Evans also told the council he once counted 17 carts on a single property, an observation that prompted the ordinance work.

The draft ordinance has been reviewed by the town attorney and published on the town website; Manager Martinez told the council the ordinance will be heard for consideration on April 8. Evans said staff will follow up with in-person meetings with business owners and produce the one-page form the town will ask businesses to return.

No formal council vote was held on the ordinance at Monday's workshop; the item was scheduled for a public hearing at the April 8 meeting.