Public Conduct in New Orleans, LA

If you live in New Orleans or are thinking about moving there, public conduct are one of those things you probably won't think about until they affect you directly. New Orleans has 5 specific rules on the books covering different aspects of public conduct, and some of them might surprise you.

Loitering Rules

New Orleans makes it a misdemeanor to willfully obstruct the free, convenient use of any public sidewalk, street, alley, bridge or building entrance. City Code § 54-401 targets anyone who impedes, hinders or blocks passage on a public right-of-way, punishable by a fine up to $500.00 or six months in jail. The law exempts posted construction barricades and government safety work.

Key details: Governing section: New Orleans Code § 54-401. Maximum fine: $500.00. Maximum jail term: Six months. Construction exemption: Permitted safety barricades excluded. Enforcing agency: New Orleans Police Department.

Violating § 54-401 is a misdemeanor: a fine of up to $500.00, up to six months' imprisonment, or both. NOPD officers issue citations or make arrests for willful obstruction of a sidewalk, street, alley, bridge or building entrance. Barricades tied to permitted construction, excavation or repair work, and obstructions placed by government agents performing their duties, are expressly excluded from prosecution under this section.

Outdoor Smoking Restrictions

New Orleans bars smoking and vaping in specific unenclosed public areas: within five feet of the Bloch Cancer Survivors Plaza and Lafayette Square, in outdoor sports arenas, stadiums, playgrounds and amphitheaters, and at outdoor places of employment including construction sites and vehicles. Owners who fail to enforce it face escalating fines up to $500, and individual violators face fines up to $50, enforced by the Department of Health and police.

Key details: Protected buffer: 5 ft of Bloch Plaza & Lafayette Square. Outdoor ban zones: sports arenas, stadiums, playgrounds, amphitheaters. Exempt corridor: Bourbon St., Canal to Esplanade. Operator fine: $100/$200/$500 (1st/2nd/3rd). Individual smoker fine: up to $50 per violation.

Under §66-40(c), an owner, manager or operator who fails to stop prohibited smoking/vaping is liable for $100 on a first violation, $200 for a second within 12 months, and $500 for a third or more within 12 months. An individual who smokes or vapes in a prohibited area is liable for up to $50 per violation. Enforcement is by municipal court summons or Chapter 6 administrative adjudication, with possible license/permit suspension added on.

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

Aggressive Panhandling

Within the Downtown Development District, New Orleans bans panhandling after 7:00 p.m. or before 6:00 a.m., within 30 feet of a sidewalk café, within 20 feet of an ATM or bank, and in any public park, under City Code § 54-412. The same section separately criminalizes touching, blocking or following a person who has refused a solicitation.

Key details: Governing section: New Orleans Code § 54-412. Applies in: Downtown Development District only. Curfew hours: 7:00 p.m. to 6:00 a.m.. ATM/bank buffer: 20 feet. Sidewalk cafe buffer: 30 feet.

Each violation of § 54-412, a location ban, the 7:00 p.m.-to-6:00 a.m. curfew, or an aggressive act like touching, blocking or following a person, is punished under § 1-21's penalty and administrative-adjudication procedure, or up to 25 hours of community service per infraction. Applicability is limited to the Downtown Development District as defined in § 146-193.

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

Public Alcohol Use

New Orleans bans carrying or drinking from an open glass container on public streets, sidewalks and parks within the French Quarter, the area bounded by Canal, Rampart, Esplanade and the Mississippi River, under City Code § 54-404. The same ban extends citywide to within one block of any Mardi Gras parade route for two hours before, during and after the parade.

Key details: Governing section: New Orleans Code § 54-404. Restricted zone: French Quarter (Canal to Esplanade). Parade extension: 1 block of Mardi Gras routes. Enforcement method: Citation, not arrest, on first contact. Material regulated: Glass containers only.

Violating § 54-404 is enforced by summons or citation rather than arrest; failure to appear in municipal court after being cited triggers an arrest warrant. Establishments in the French Quarter that sell glass-bottled beverages and fail to post the two required notices are separately in violation. No specific fine figure is written into the section itself; unposted-notice and glass-carrying violations proceed through Louisiana municipal court citation practice.

Public Marijuana Use

New Orleans outright bars smoking marijuana anywhere outside a private home or residence under City Code § 66-73.1, part of the Smoke Free Air Act. The ban reaches every street, park, vehicle and outdoor public space citywide, and it applies even indoors in homes used for childcare, daycare or as a health care facility.

Key details: Ban scope: smoking marijuana outside any private home/residence. Indoor exception denied: childcare, daycare, health-care residences. Fine: up to $50 per violation. Effective date: Sept. 15, 2021 (Ord. 28744). Enforced by: NOPD (summons only), Dept. of Health.

An individual who smokes marijuana outside a private home or residence is liable for a fine of up to $50 per violation under §66-40(c), the same penalty tier as any other unlawful outdoor smoking. Each day the violation continues counts as a separate offense (§66-40(h)), and the Department of Health may seek injunctive relief for repeated violations (§66-40(g)).

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

The Bottom Line

New Orleans is tougher than many cities when it comes to public conduct. Out of the 5 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in New Orleans, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from New Orleans's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.