Public Conduct in Albuquerque, NM

If you live in Albuquerque or are thinking about moving there, public conduct are one of those things you probably won't think about until they affect you directly. Albuquerque has 8 specific rules on the books covering different aspects of public conduct, and some of them might surprise you.

Public Alcohol Use

Drinking alcohol in city parks, on streets and sidewalks, in city-owned parking lots, or within 100 feet of a bar is illegal citywide unless a park specifically allows it by resolution.

Key details: Banned in: city parks, streets, sidewalks. Also banned in: city-owned parking lots. Buffer zone: 100 ft of licensed bars. Exception: park allowed by council resolution. Max penalty: $500 fine or 90 days jail.

Violating the public drinking ban is punishable under the city's general penalty, § 1-1-99: a fine up to $500, up to 90 days in jail, or both. Each day of a continuing violation counts as a separate offense.

This is not one of those rules that cities tend to ignore. Albuquerque actively enforces its public alcohol use requirements.

Outdoor Smoking Restrictions

Albuquerque's Clean Indoor Air Ordinance, Revised Ordinances of Albuquerque § 9-5-5-4, bans smoking in every indoor workplace and indoor public place, on buses, taxicabs and city transit vehicles, and reaches outdoors too: smoking is unlawful anywhere on the grounds of the Albuquerque Biological Park and inside street-median transit boarding areas. Violations carry escalating fines up to $500.

Key details: Governing law: Clean Indoor Air Ordinance § 9-5-5-4. First-offense fine: Up to $100. Second offense (12 mo): Up to $200. Third+ offense fine: Up to $500. Outdoor bans: Biological Park grounds, transit median areas.

Smoking where prohibited is a petty misdemeanor under § 9-5-5-99, charged only against people 18 or older. Fines escalate with repeat violations within any rolling 12-month period: up to $100 for a first offense, up to $200 for a second, and up to $500 for a third or later offense. Owners or managers who skip required signage or the entrance buffer zone under § 9-5-5-6 face the same schedule.

Compared to other cities, Albuquerque takes a harder line on outdoor smoking restrictions. The enforcement and penalty structure reflects that.

Loud Party Ordinance

Albuquerque's Premise Liability Ordinance puts criminal responsibility on the occupant of a property, not just the underage drinkers, when three or more people under 21 consume alcohol there without a parent's consent. Revised Ordinances of Albuquerque § 11-11-5 covers owners, tenants, and anyone over 18 entrusted with control of the premises.

Key details: Ordinance: Premise Liability Ordinance, § 11-11-5. Trigger: 3+ people under 21 drinking, no parent consent. Who is liable: Occupant with care and control of property. Exemption: Foster parents exempt under § 11-11-6. 1st offense fine: $300.

A first conviction under § 11-11-99 carries a $300 fine, a second conviction $500, and a third conviction up to ten consecutive days in jail. Each occupant who fails to control an underage drinking gathering on their property can be charged separately from the minors present, and the ordinance does not bar a civil guest-host liability suit over the same party.

Public Urination

Urinating or defecating in public view, on any public place or on private property without the possessor's consent, is disorderly conduct under Revised Ordinances of Albuquerque § 12-2-5(G). Albuquerque added this subsection to its long-standing disorderly conduct statute in 2023, and a conviction is punishable under the code's general penalty of up to $500 and 90 days in jail.

Key details: Citation: Revised Ordinances of Albuquerque § 12-2-5(G). Covers: Public urination or defecation in public view. Also covers: Private property without possessor's consent. Added by: Amendment Ordinance 2023-005. Max fine: $500.

Section 12-2-5 is enforced under the general penalty at § 12-1-99, which points to the citywide general penalty in § 1-1-99: a fine of up to $500, imprisonment of up to 90 days, or both, unless a more specific penalty applies. Each day of a continuing violation counts as a separate offense under § 1-1-99.

Loitering Rules

It is unlawful to camp or loiter on the right-of-way of any city-, county- or conservancy-owned drainage channel, arroyo or irrigation channel, including sections designated as open space, under Revised Ordinances of Albuquerque § 12-2-30(C). Officers must issue a written warning or Criminal Trespass Notification before citing or arresting a first-time violator.

Key details: Citation: Revised Ordinances of Albuquerque § 12-2-30(C). Covers: Arroyos, drainage channels, irrigation channels, piping. Includes: Open-space sections of the right-of-way. Before citation: Written warning or Criminal Trespass Notification required. Emergency exception: Verbal warning allowed if immediate danger.

Violations are punished under the general penalty at § 12-1-99, but § 12-2-30(F) adds a mandatory warning step: a law enforcement officer must first verify that a written warning has been issued, or must issue a Criminal Trespass Notification, before citing or arresting someone for this offense. A verbal warning before a citation or arrest is allowed only when there is an immediate danger.

Jaywalking

Albuquerque Code of Ordinances § 8-2-7-9 bars pedestrians, wheelchair users, skateboarders, scooter riders and other "vulnerable road users" from crossing a roadway anywhere except in a crosswalk. Cyclists, e-bike and micromobility riders follow separate bicycle rules instead. Even off a marked crossing, the code discourages crossing where a signalized crossing sits within 600 feet. Albuquerque Police can cite violators for a petty misdemeanor.

Key details: Governing section: ROA 1994 § 8-2-7-9. Who's covered: Pedestrians, workers, skateboarders, scooter and wheelchair users. Cyclist exception: Bicycles, e-bikes, micromobility follow Ch. 8 Art. 3 Pt. 3. 600-foot rule: Use a signalized crossing within 600 feet if present. Penalty: Up to $500 fine or 90 days jail.

Section 8-2-7-9 sets no crossing-specific fine, so a violation falls under the Traffic Code's general penalty at § 8-1-3-99(A): a petty misdemeanor punishable by a fine up to $500, up to 90 days in jail, or both. Police issue a citation on the spot; a challenge goes through municipal court like any other traffic citation.

Skateboarding Rules

City code § 8-3-1-1 bans skateboards, roller skates, coasters and similar toys from any sidewalk in a business district and from every street, bicycle lane, and bicycle path citywide. The one exception is a two-wheeled pedal toy with 16-inch-plus wheels and no training wheels, which may still use a bike lane or path.

Key details: Governing section: ROA 1994 § 8-3-1-1. Banned locations: Business-district sidewalks, all streets, bike lanes/paths. Business district test: 50%+ frontage in business use within 300 feet. Exception: 16-inch-wheel pedal toy allowed in bike lanes. Penalty: Up to $500 fine or 90 days jail.

Section 8-3-1-1 carries no dedicated fine, so a violation defaults to the Traffic Code's general penalty at § 8-1-3-99(A): a petty misdemeanor punishable by up to a $500 fine, up to 90 days in jail, or both, the same schedule that applies to motorcycle and bicycle violations elsewhere in Chapter 8, Article 3.

This is one of the stricter rules in Albuquerque's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Public Marijuana Use

Albuquerque's Clean Indoor Air Ordinance bars smoking cannabis in any indoor public place or workplace; consumption is confined to private residences and state-licensed cannabis consumption areas, with fines escalating for repeat violations.

Key details: Governing law: Albuquerque Clean Indoor Air Ordinance. Enforcing agencies: APD, AFD, Bernalillo County Sheriff. First-offense fine: Up to $100. Repeat-offense fine: Up to $500 (3rd+, 12 mo.). Where cannabis use is allowed: Private spaces, licensed consumption areas.

Unlawful cannabis smoking is a petty misdemeanor: a fine up to $100 for a first violation, up to $200 for a second within 12 months, and up to $500 for the third and each later violation in that period.

This is not one of those rules that cities tend to ignore. Albuquerque actively enforces its public marijuana use requirements.

The Bottom Line

Albuquerque is tougher than many cities when it comes to public conduct. Out of the 8 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Albuquerque, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Albuquerque can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.