SHOPPERS at major retailers such as Target and Walmart are subject to hefty fines up to $2,500 if they violate certain shopping cart laws.
While consumers in nine key states should be wary of the legislation, there are three ways to avoid the fees.
Shopping carts are a hot commodity according to statistics, with a shocking two million carts stolen on an annual basis.
This costs US retailers roughly $175 million in annual replacement and repair costs, per The Food Marketing Institute, and retailers around the world around $800 million.
With one shopping cart stolen every 90 seconds, according to Supermarket News, the widespread issue burdens stores with both financial and operational challenges.
Consumers who steal shopping carts are often driven by factors such as personal use, convenience, resale, and homelessness.
They don’t always walk away unscathed, however, as three actions constitute illegal cart use and are subject to civil and criminal charges.
It is illegal to take shopping carts off store premises without permission, as it constitutes theft.
Leaving a shopping cart on sidewalks or roadsides or at apartment buildings is also against the law, as is modifying a cart for personal use, such as turning it into a grill or cart bike.
Those who violate any of these three are subject to fines, as taking a shopping cart is generally considered illegal in most states, although the specific details and penalties vary by state.
CALIFORNIA
In California, it is considered a misdemeanor to remove a shopping cart from a retailer’s premises or parking lot with the intent to deprive the owner of possession.
California residents who steal a shopping cart face fines up to $1,000 or misdemeanor charges, including up to six months in county jail.
Some state laws require that the shopping cart have a sign of ownership, such as a Target or Walmart logo, as well as a sign indicating that unauthorized removal is illegal.
NEW YORK
In New York, if you take a shopping cart off of a store’s property without the owner’s consent, you may see a fine of up to $100.
Although stealing a cart is typically a civil violation that incurs civil charges, it could potentially escalate to a misdemeanor charge depending on the specific case.
If the circumstances are severe enough, such as if a shopping cart were taken under a larger scheme, then a shopper could face a higher charge of up to $1,000 or jail time, or both.
TEXAS
In The Lone Star State, taking a shopping cart from a retailer is considered misdemeanor theft.
It is typically filed as a Class C misdemeanor, with consequences including a fine of up to $500.
However, the crime could be considered a more serious offense under certain conditions, such as if it wasn’t the shopping cart thief’s first offense.
Prior theft convictions can also raise the penalty for taking a cart to a Class B misdemeanor, which could include a charge of up to $2,000 or up to 180 days in, or both.
FLORIDA
Removing a cart from a retail establishment’s premises without consent is classified as a first degree misdemeanor in Florida.
Florida law dictates that taking a shopping or laundry cart from the premises or parking area of a retailer can incur a $100 civil fine for each violation, accruing each day the violation continues.
Floridians also may face criminal fines and charges for stealing a cart with a registered name or mark on it.
Penalties for this offense can include a fine of up to $1,000 or more or up to one year in county jail.
NEVADA
Shoppers in Nevada should be wary that there are civil penalties associated with taking a shopping cart, with fines incurred per cart, as well as potential criminal charges.
Taking a shopping cart can be classified as a misdemeanor in the state, specifically petty larceny, because they generally cost under $1,200.
Individuals who commit petty larceny in Nevada are subject to potential penalties such as a fine of up to $1,000 as well as up to six months in jail.
Key Considerations
- Intent: In many states, the intent of the person taking the cart is a key factor. For example, if they have no intent to steal the cart and accidentally take it a short distance, the penalties may not apply.
- Signage: Some state laws require clear signage on the carts that indicate ownership and that unauthorized removal is illegal.
- Local Ordinances: Cities and counties can have their own laws regarding shopping carts, which may add further regulations or penalties.
- Abandoned Carts: Many cities have laws addressing abandoned shopping carts, with retailers often facing fines for unretrieved carts.
- Civil vs Criminal Penalties: Shoppers who take a cart may face a civil fine for violating a local ordinance even if they are not charged with a crime.
HAWAII
In The Aloha State, removing a cart from a store’s premises without consent is classified as theft and can result in hefty fines and penalties.
In Honolulu specifically, shoppers may see fines of up to $500 or jail time of up to 30 days, or both, for using, placing, or leaving a shopping cart in a public place.
ARIZONA
Shoppers in Arizona should be aware of the state’s laws, as stealing a cart in The Grand Canyon State is considered theft.
The extent of the fines depends on multiple factors, including the shopping cart’s value and whether the crime is considered simple theft or a more serious offense such as organized retail theft.
Retailers can pursue a civil lawsuit against the thief, seeking civil penalties that include the retail value of the cart, plus an additional penalty of $250 or more.
Arizona residents can also face criminal charges for stealing a shopping cart, with a maximum fine of $500 for a first-time offender, although repeat offenders face a greater maximum fine.
ILLINOIS
Stealing a shopping cart in Illinois is a form of retail theft, resulting in varying penalties and consequences.
Local ordinances can also impose a per-cart fee for abandoned carts.
Shoppers in Chicago may see a civil fine of up to $200 for the crime.
Depending on specific circumstances and the thief’s intent, shopping cart theft could potentially result in more serious criminal charges.
Residents in Illinois may face significant fines of up to $2,500 for a misdemeanor or even imprisonment, with factors such as the value of the cart and the individual’s prior record playing a role.
WASHINGTON
Many cities in Washington impose a $50 fee for removing a shopping cart from a store’s property without permission.
Some cities also have provisions for impound fees if a retailer needs to retrieve the shopping cart, which can also be around $50.
Depending on the severity of the case, shoppers caught stealing a cart may be charged with a misdemeanor.
A misdemeanor in Washington is punishable with up to $1,000 in fines and up to 90 days in jail.
