[Mpls] RE: Smoking and Carts

[Derek Burrows Reise]

I'm not going to comment on the continuously recycled
arguments on why it should be permissible for a
minority of smokers to put the rest of us, as
employees and patrons, in danger because their too
lazy to step outside.

But the argument against the cart ordinance seems a
bit silly.  There is a longstanding common law policy
that if you leave something hazardous on your land,
and a trespasser is harmed because of it, the
landowner is liable.  This makes sense from a policy
perspective.  For example, it forces landowners to
securely cover un-used wells so an unknowing or
knowing trespasser won't meet untimely fate.

The shopping cart issue, while not as dramatic, is
analogous.  Abandoned carts are a safety (and
livability) issue.  Yes, these stores aren't the ones
dumping carts on my block.  But they aren't exactly
taking simple, common-sense measures to prevent or
minimize the problem.  They prefer to write off the
loss.

The sad thing is that this is a running problem that I
believe CM Schiff has been working on for a while. 
Like the anti-idling ordinance, he and others have
tried to work with these companies to address these
issues for some time.  It is only after their refusal
to come to a compromise, that an ordinance was
considered.

Washington DC has a similar measure in place.  When I
lived there, the stores used the electronic brake
mechanism.  It worked quite well.

This ordinance seems a bit too nice to the stores. 
For a $150 fee they can reclaim their $300+ cart that
they otherwise wouldn't have gotten back?  It's too
bad we can't find a way to simply fine them $150 when
the city locates the carts, and then they can have the
option to re-purchase them for an additional $150 fee.

We shouldn't pass an ordinance against everything.  (A
leaf-blower ban is a tad overboard.)  But if other
measures aren't working and it is a significant safety
issue, that's when it's appropriate for the city
council to step in.

-Derek Burrows Reise
-Longfellow, Mpls - where I'm starting to fantasize
about an ordinance and no-tolerance enforcement on
these motor scooters that circle my block every evening...


		
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