-Editorial
The Brawley City Council voted Sept. 2 to approve the first reading of a new ordinance designed to address abandoned shopping carts, which city officials say have become a recurring nuisance on local streets and private property.
The measure, introduced by Police Chief Jimmy Duran and Assistant Chief Jonathan Blackstone, would amend the municipal code by adding Chapter 19J, titled “Unauthorized Use of Shopping Carts.” City staff said the ordinance intends to reduce hazards to public health and safety, ease traffic obstructions, and prevent conditions that lead to property devaluation and urban blight.
Under the proposed rules, it would be unlawful to remove a shopping cart from a business premises or parking area without written permission from the store owner or manager. Individuals in possession of off-site carts could also face penalties unless the carts are immediately returned. Enforcement would fall to police officers, code enforcement officers, and other designated city staff.
The ordinance requires businesses that provide shopping carts to develop prevention plans aimed at curbing cart removal. Plans must include clear notices to customers, posted signs at exits, physical deterrents such as disabling devices or barriers, and training programs for employees. Retailers would also be required to establish cart retrieval operations to locate and return carts left within one mile of their premises, either through in-house staff or by contracting with a city-approved vendor.
If the city recovers more than 25 percent of a business’s carts within six months, its prevention plan could be revoked, and stricter requirements, including mandatory disabling devices, would be imposed. Businesses failing to submit or implement plans may face civil penalties of $50 per day, while those that neglect to retrieve carts within three days of city notification could be charged administrative costs and fined $50 per occurrence.
The ordinance also outlines requirements for cart labeling, including the business name, return information, and warnings about unlawful removal. Carts not reclaimed within 30 days could be sold or disposed of by the city.
Officials said potential fines may generate revenue, though the primary goal is to ensure businesses take greater responsibility for carts and reduce the number abandoned across Brawley.
The measure will return to the City Council for a second reading before final adoption. If approved, the ordinance would take effect 30 days after publication in a newspaper of general circulation in Imperial County.
In a similar item, the council approved the first reading of an ordinance amending Article III of Chapter 19 of the city’s municipal code, updating rules on camping and the storage of personal property in public areas.
The ordinance expands and clarifies existing regulations first adopted in December 2021. Chief Duran said the revisions are designed to better address ongoing public safety and health issues linked to encampments and abandoned property in parks, alleys, sidewalks, and other public spaces.
“The purpose of this amendment is to ensure that public areas remain safe and accessible for all residents,” the staff report read. “Camping and the storage of personal property in public areas interferes with the rights of others to use these areas as intended.”
The proposed ordinance includes new definitions of terms such as “encampment,” “camping paraphernalia,” “abandoned property,” and “shelter.” It also outlines where camping and encampments are prohibited, including within 1,000 feet of schools, parks, playgrounds, child care facilities, and libraries, and within 500 feet of railroad tracks and railyards. Camping on private property without authorization would also be prohibited, with exceptions for youth or religious organizations hosting sanctioned activities.
Enforcement provisions include the abatement and removal of camps, with procedures requiring written notice in most cases. However, immediate abatement is allowed if an encampment poses a significant health or safety risk. Personal property collected during abatement may be stored for up to 60 days, giving individuals the opportunity to retrieve belongings.
Violations of the ordinance may be treated as misdemeanors, punishable by up to six months in jail or fines of up to $500. Alternatives such as diversion or probation with rehabilitation requirements could also be considered.
The fiscal impact of the ordinance is limited to signage costs, which will be covered by the Police Department’s 2025–26 operating budget.
