Legislator Goes After Shopping Cart Scofflaws
A bill is proposed on behalf of the Montgomery Village Foundation.
Capital News Service
Along with high-profile legislation that would repeal the death penalty and strengthen gun control, Maryland’s General Assembly is considering making it more expensive for people caught stealing shopping carts.
The bill would increase the fine from $25 to $100.
It came about when the Montgomery Village Foundation, which represents more than 45,000 residents, asked Del. Kirill Reznik (D-Dist. 39) of Germantown, to do something about the number of shopping carts that were being taken from nearby stores and left strewn throughout the community.
The current law, which was enacted in 1957, requires store owners to post a sign at each exit informing shoppers that there is a $25 fine for taking a shopping cart off store premises without permission.
“Regretfully, theft of our shopping carts is a reality and this would help us a great deal,” said lobbyist Bruce Bereano, who testified on behalf of Safeway Food & Drug. “We have to have a sign up there, and having a new sign saying $100 rather than $25 would hopefully help to be a deterrent.”
Despite the reports of stolen and abandoned carts, a legislative analysis showed there were no cases of shopping cart theft prosecuted in District Court last year.
When the House Judiciary Committee heard the bill Tuesday, there were questions about why the law was on the books in the first place, since the theft of other types of property valued under $1,000 is already punishable by a higher fine.
“Wouldn’t it be easier to just repeal the statute?” said Del. Luiz R. S. Simmons (D-Dist. 17) of Rockville. “Why treat the theft of a cart differently? They’re not having the full extent of the law.”
If the shopping cart statute were repealed, theft of a shopping cart would be included under the state code’s general provision for theft of property. Stealing property valued at less than $1,000 is a misdemeanor with maximum penalties of up to 18 months imprisonment and/or a fine of up to $500.
It costs merchants between $100-$300 to replace each shopping cart, Reznik said.
He didn’t seek to repeal the provision because he said he didn’t think the committee would favor increasing the fine from $25 to up to $500.
“Generally speaking, when you ask for an increase in fines, it is not received well, so you want to take things more piecemeal,” Reznik said. “If the committee is more amenable to a repeal and making it fall under the general theft statute, I’m all for it.”
The bill is cross-filed in the Senate, and the Judicial Proceedings Committee is scheduled to hear SB 191 at 2 p.m. Wednesday.
Juliann Goldman
7:48 am on Wednesday, January 30, 2013
I noticed a dramatic increase in shopping carts in my neighborhood and around Rockville since the implementation of the the 5 cent shopping bag fee.
Bob Hydorn
10:00 am on Wednesday, January 30, 2013
The MVF and the residents of Montgomery Village thank Delegate Reznik and Senator King for their support in this effort.
MocoLoco
11:13 am on Wednesday, January 30, 2013
Repealing a law? Perish the thought! Our legislature will likely pass a new law to amend a stupid law to make it a little less stupid. In this era of big government, more laws are always preferable to fewer ones.
James Hartnett
11:41 am on Wednesday, January 30, 2013
They should enact a law that the stores that own the carts be required to come and retrieve them when they are abandoned in the neighborhoods around the store. Try getting Target to come for their carts. It won't happen. Not only are the carts unsightly, but they create a hazard to vehicles and pedestrians alike.
Don Brock
3:56 pm on Wednesday, January 30, 2013
I really don't believe raising the fine will make a difference. How about if the stores pay someone to stand out in the parking lots to watch for cart thieves?
d
9:30 pm on Wednesday, January 30, 2013
why isn't a crime of theft like anything else taken without permission
James Hartnett
9:45 pm on Wednesday, January 30, 2013
To be a theft you have to prove beyond a reasonable doubt the person who took it had intent to permanently deprive ownership of the cart. They're taking it as convenience to get their stuff home and then abandoning it. They're not taking it for personal gain, also you also have to have a victim for it to be a crime and I don't think any of these stores would prosecute. They won't even come and get them when they are found.
MocoLoco
8:54 am on Thursday, January 31, 2013
James, I'm pretty sure that if I take your car for a joy-ride and leave it on the side of the road for you to retrieve, the police are going to charge me with more than a $25 fine, and won't listen to my protestations that I meant neither to permanently deprive you of ownership nor to personally gain.
James Hartnett
10:08 am on Thursday, January 31, 2013
When a vehicle is stolen a person can be charged 2 ways in Maryland. Misdemeanor unauthorized use (joy ride) or felony vehicle theft (intent to permanently deprive ownership). It's all a moot point without the store cooperation in prosecuting the offender if you're going to try and go the theft route. I have for years begged and pleaded with stores to come get their abandoned carts in my neighborhood and it simply doesn't happen. I've been told they don't have the resources to retrieve them and to leave them for the trash collection (ha). So much for how valuable they are to the stores.
MocoLoco
1:10 pm on Thursday, January 31, 2013
James--you might be one of the few constructive commenters on the Internet! Thanks!
Tom Rossing
12:57 pm on Friday, February 1, 2013
There's a simple solution to the whole problem here and that is to revert back to the stores maintaining carts in a closed area at the front of the store. You then use the pick-up lane to load your groceries. No more unsightly cart corrals in the center of the parking area. This could be adopted by local plannning agencies as a use permit requirement if stores are found delinquent in cart management.
Harry Callahan
11:40 am on Sunday, February 3, 2013
Here is a business opportunity for someone who needs a job. Get a pickup truck, a couple of boards to use for a ramp, some rope to tie the carts down, then visit some of the stores (Target, Walmart, Giant, etc.) and estabilsh a contract with them to pick up and return their carts to the store. You should be able to get maybe 10 carts at a time in the back of a pickup truck.
If no one wants that, then here is another option, charge a deposit of $10.00 on all carts. Befoer you can push a cart out of the store, at checkout time, you pay $10.00 and receive your dated cash register receipt. As you leave the store, a store employee checks your receipt to ensure that you paid the deposit. When you bring the cart back to the store, the same employee verifies that you returned the cart and gives you a slip good for your next $10.00 cart deposit.
Sometimes you have to think outside the box to solve problems like these.
Another Clarksburg Resident
12:01 pm on Sunday, February 3, 2013
Any legislation penalizing shopping cart theft is ineffective unless it is enforced. I suspect that law enforcement agencies in the area will argue that they have much more important crimes to pursue than to chase down the carts. There needs to be a plan in place for actively pursuing these thieves in order for the laws to work. Stop at the intersection of Clubhouse and MV Avenue on any given day, and you can watch the carts leaving the Village Center. A few high profile apprehensions of cart thieves might have more of an impact than any signs posted at the stores. By the way, the proliferation of shopping carts in the neighborhood was a clear sign of the deterioration of the quality of life in Montgomery Village, and one of the reasons I got the heck out of there.
DougW
2:37 pm on Sunday, February 3, 2013
There is a $25 fine, that has not been enforced. How will the $100 fine be enforced better, or is this just to allow the stores to put a different sign that warns of the $100 fine instead of the $25 fine? I like the idea that the stores be fined if they don't come pick them up after they have been notified.
DougW
5:45 pm on Monday, February 4, 2013
Other Tim,
I agree that the first place should be to arrest the shopper, but from the story, that does not occur. And you think that the store does not pass along the $70 each cart that never comes back costs? Cost of doing business. I agree that the wheel locks are a good idea. I think though, that the $25 fine to shoppers should have been enforced. If that's not enforced, it's asinine to raise it to a $100 fine that will not be enforced.
rick weatherholt
2:42 pm on Sunday, February 3, 2013
theres a solution to th prolem theres a wheel lock that will lock the back wheels when you take the cart to far frpm the store it can be instaled on most carts for about $30.00 a cart it works on a rado singinal comeing from the store to lock on the wheel intercity stores use them alot rick
Parkvillehoney
10:16 pm on Sunday, February 3, 2013
Safeway on 33rd St in Baltimore City has the wheel locks and it works. You can take the cart as far as the end of the parking lot and the wheels lock up. Great idea.
s stewart
9:47 am on Monday, February 4, 2013
A few years ago i remember the shopping carts at the Shopper's in New Carrollton had the wheel locks. I remember one woman trying to take a cart of groceries across the street to the apartment building. She was steadily cursing as she could only push it around in circles at the edge of the parking lot. Decades ago in Chicago, I would pay a $5.00 deposit for a cart and get it back when i returned it.
george
4:09 pm on Monday, February 4, 2013
If you install railings to prohibit carts from leaving the store, you comprimise access to the store with wheelchairs. An ADA compliance issue that store operators struggle with. The cart lock systems cost $40 per cart + about $25K for the electronics