Albuquerque enforces sidewalk obstruction and pedestrian-right-of-way rules, but the city does not punish sitting or lying alone where shelter beds are unavailable, consistent with Ninth Circuit precedent in Martin v. Boise and ongoing federal-court oversight.
Albuquerque has not adopted a freestanding sit-lie ordinance. Instead, city officials enforce general code provisions on sidewalk obstruction (Albuquerque Code §8-3-5) and pedestrian right of way, plus state criminal-trespass statutes (NMSA §30-14-1) on private property. Following Martin v. Boise (9th Cir. 2018) and its 2024 status post-Grants Pass, the city's policy has been to refrain from citing simple sitting, lying, or sleeping in public when shelter capacity is inadequate. Outreach teams from the Albuquerque Community Safety Department coordinate with the Gateway Center mega-shelter and the New Mexico Coalition to End Homelessness to offer beds before any enforcement is attempted.
Blocking a sidewalk so wheelchair users cannot pass, refusing repeated outreach offers of shelter, or trespassing on private property can lead to citations under §8-3-5 or NMSA §30-14-1, even though pure sit-lie is generally not cited.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Albuquerque, NM
Under Noise Control Ordinance section 9-9-11, each act in violation is a public nuisance and a separate civil violation, carrying a $250 fine for the first o...
Albuquerque, NM
Noise Control Ordinance section 9-9-7(B) bars operating power mowers, leaf blowers, rototillers, power saws, and similar outdoor power equipment within 500 f...
Albuquerque, NM
Under ROA 1994 Sec. 8-5-1-4(b), Albuquerque may establish residential on-street permit parking zones where a study shows a significant portion of available p...
Albuquerque, NM
In residential zones the Albuquerque IDO (Sec. 14-16-5-5(F)) limits how much of a front or street-side yard may be paved for parking - capped by lot size und...
Albuquerque, NM
Albuquerque Code Section 8-5-2-3 declares a vehicle abandoned if it sits unattended on a public street for 36 hours, on private property without owner consen...
Albuquerque, NM
On Albuquerque corner lots, the portion of a rear-yard wall abutting the front yard of a residential lot is held to the 3-foot front-yard limit within 10 fee...
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