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Albuquerque, NM Homelessness & Encampment Rules: Encampment Sanitation (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
ROA § 9-25-1 to § 9-25-7
Camp threshold
24+ hours or fixed structure
Personal property
Removable after notice
Rulemaking authority
Mayor sets removal rules
Penalty
Petty misdemeanor

Summary

Albuquerque bans camping or maintaining an encampment on any public property and lets the city order encampments removed and personal property cleared after notice.

Except as otherwise authorized by ordinance or by rules issued by the Department of Parks and Recreation, it shall be unlawful for any person to camp, or maintain an encampment, in any publicly owned area, including any street, sidewalk, right of way, park, or open space. It shall further be unlawful for any person to refuse to remove an encampment from public land after receiving a notice instructing them to remove the encampment... A person does not violate this ordinance if the person is merely sitting, sleeping or lying on public property on a temporary basis.

Source: Albuquerque Code of OrdinancesView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).

Full Breakdown

Under the Public Camping Ordinance (ROA § 9-25-1 et seq., Ord. 2024-049), it's unlawful to camp or maintain an encampment on any publicly owned area, including streets, sidewalks, rights of way, parks, or open space, unless authorized by ordinance or Parks and Recreation rules. Refusing to remove an encampment after notice, or re-setting one up after an ordered removal, is a separate violation. A related section makes it unlawful to keep personal property, tents, or camp gear on public property after a removal notice. Merely sitting, sleeping, or lying on public property temporarily is not itself a violation. The Mayor may issue rules governing prevention, abatement, and removal of encampments citywide.

Violations & Fines

Petty misdemeanor per ROA § 9-25-7, penalties under ROA § 1-1-99; enforced via notice-to-vacate then removal of the encampment and property.

Frequently Asked Questions

Is sleeping outside itself illegal in Albuquerque?
No. The ordinance exempts merely sitting, sleeping, or lying on public property temporarily; the violation is camping or maintaining an encampment.
Can the city clear a camp without notice?
No, the ordinance requires a notice instructing removal before it becomes unlawful to refuse to leave or to keep camp property in place.

Sources & Official References

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All Albuquerque rules

Compare Albuquerque to another location·View the New Mexico homelessness & encampment rules overview

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