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Montgomery, AL Homelessness & Encampment Rules: Sit-Lie Rules (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Effective date
October 21, 2025 (Ord. No. 49-2025)
Banned
Standing, sitting, lying on a median
Exception
Designated pedestrian refuge, waiting to cross
Also banned
Exchanging objects with vehicle occupants in roadway
Enforcement
Verbal warning required before citation
Classification
Misdemeanor under Sec. 27-363

Summary

Since October 21, 2025, Montgomery, Alabama bars standing, sitting or lying on a traffic median under City Code Sec. 27-362(2), unless the median is a designated pedestrian refuge and the person is actively waiting to cross the street.

Sec. 27-362. - Prohibited conduct in public rights-of-way. It shall be unlawful for any person to engage in the following dangerous conduct within the public rights-of-way of the City of Montgomery: ...(2)Standing, sitting, or lying on a median. No person shall stand, sit, or lie on a median, unless such median is a designated pedestrian refuge, and the person is lawfully waiting to cross a street. This provision does not apply to authorized construction or maintenance personnel.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 27).

Full Breakdown

Ord. No. 49-2025 added a new division to Chapter 27 targeting dangerous conduct in public rights-of-way, defined to include the roadway, shoulder, sidewalk and median. Sec. 27-362 lists four banned behaviors. The first bars entering or remaining in a roadway to give or receive an object, including money, flyers, newspapers or religious materials, from a vehicle's occupant, a provision aimed squarely at panhandling and median solicitation, though it exempts emergency personnel, authorized public employees, and permit holders. The second, and the one most directly on point for a 'sit-lie' rule, bars standing, sitting or lying on a median outright unless that median is a designated pedestrian refuge and the person is lawfully waiting to cross the street; construction or maintenance personnel are exempted.

The third bars impeding the safe flow of vehicular or pedestrian traffic by any act or omission, including stepping into or remaining in a moving vehicle's path, and the fourth bars walking along an adjacent roadway where a usable sidewalk or shoulder exists. Sec. 27-363 makes any violation a misdemeanor, but tempers enforcement: before a citation can issue, an officer must first give a verbal warning to stop and move to a safer location, and only a repeat or continued violation after that warning, or conduct that has directly caused or is about to cause an imminent accident, injury or other emergency, can be cited immediately.

Violations & Fines

A violation of Sec. 27-362, including standing, sitting or lying on a non-refuge median, is a misdemeanor under Sec. 27-363(a). Before issuing a citation, however, a police officer must first give the individual a verbal warning to cease and move to safety; only a continued or repeated violation after that warning, or conduct posing an imminent risk of accident, injury or emergency, permits immediate citation without the warning step.

Frequently Asked Questions

Can someone sit or panhandle from a median in Montgomery, Alabama?
No, not since October 21, 2025. City Code Sec. 27-362(2) bars standing, sitting or lying on any median unless it is a designated pedestrian refuge and the person is actively waiting to cross the street. Sec. 27-362(1) separately bars entering the roadway to exchange money or flyers with a vehicle's occupant.
Do police have to warn someone before citing them under this ordinance?
Generally yes. Sec. 27-363(b) requires an officer to give a verbal warning to stop the conduct and move to a safer location before issuing a citation. A citation can only follow if the person continues the same or similar conduct after that warning.
Is there ever an exception to the warning requirement?
Yes. Sec. 27-363(c) allows an officer to act immediately, without a prior warning, if the prohibited conduct has directly caused or is about to cause an imminent traffic accident, injury, or other emergency situation.
Is sitting on any median in Montgomery banned, or only certain ones?
Only medians that are not designated pedestrian refuges. Sec. 27-362(2) allows standing, sitting or lying on a median that is a designated pedestrian refuge, so long as the person is lawfully waiting there to cross the street; every other median is off-limits for standing, sitting or lying.

Sources & Official References

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