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New Orleans, LA Homelessness & Encampment Rules: Sit-Lie Rules (2026)

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

Key Facts

Governing section
City Code § 146-493
Enforcing agency (tents/furniture)
Dept. of Health or designee
Enforcing agency (bikes/scooters)
Dept. of Public Works
Protocol adopted
June 17, 2015 by city council
Exception
Small-scale portable equipment at permitted events

Summary

New Orleans Code § 146-493 bars anyone from depositing, storing or placing tents, household furniture or other semi-permanent structures on streets, sidewalks or other public rights-of-way. The Health Department enforces removal under a 2015 council-approved obstruction protocol.

(a)It is the intent of this section to maintain public streets, sidewalks, and other areas in the city in a clean, accessible and safe condition.(b)It shall be unlawful for any person, natural or juridical, to deposit, encumber, obstruct, or cause to be obstructed any street, gutter, sidewalk, public space parallel to any sidewalk, entrance or window of any building, or any other public place or right-of-way (hereafter rights-of-way), by depositing, storing or placing any article whatsoever that prevents or impedes the free and proper use of the rights-of-way. This includes but is not limited to:(1)The erection or placement of any tent, item of household furniture not intended for outdoor use, or other semi-permanent structure unless otherwise properly permitted. Removal of the aforementioned items shall be enforced by the director of the department of health or his/her designee and shall be subject to procedures specified in the New Orleans Health Department Regulations Governing Public Place/Right-of-Way Obstructions, approved by the council on Thursday, June 17, 2015.

Source: City of New OrleansView 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 116 Update 1).

Full Breakdown

Section 146-493 makes it unlawful for any person, natural or juridical, to "deposit, encumber, obstruct, or cause to be obstructed" any street, gutter, sidewalk, or public space parallel to a sidewalk by placing articles that impede free use of the right-of-way. The ordinance specifically lists the erection of tents, items of household furniture not intended for outdoor use, or other semi-permanent structures as prohibited unless a permit authorizes them: language that directly targets encampment-style setups on sidewalks and other public places. Removal of these items is not handled by the police department alone; the code assigns enforcement to the director of the Department of Health or a designee, operating under the New Orleans Health Department Regulations Governing Public Place/Right-of-Way Obstructions, approved by the city council on June 17, 2015.

A separate clause addresses unsecured bicycles, mobility aids and electric scooters, which the Department of Public Works may remove and store immediately when their placement blocks the right-of-way. The section is not absolute: it carves out an exception for small-scale, portable outdoor equipment used at a permitted event, and a companion section, 146-494, separately governs sidewalk obstruction caused by crowds gathering around street performances near Jackson Square. S. Ord. No. 29169).

Violations & Fines

Violations are processed through the city's administrative adjudication process under Chapter 6 of the Code rather than criminal court. The Health Department (for tents/furniture) or Public Works (for bicycles/scooters) can order items removed and impounded without prior notice once an obstruction is identified, and repeat or uncorrected obstructions can be referred for administrative hearing under Chapter 6, Article II.

Frequently Asked Questions

Can New Orleans remove a tent set up on a public sidewalk?
Yes. Section 146-493 lists the erection of a tent on a sidewalk or right-of-way as a prohibited obstruction, and the Department of Health or its designee enforces removal under the city's 2015 Public Place/Right-of-Way Obstructions regulations.
Which city department handles sidewalk obstruction removals?
The Department of Health enforces removal of tents, furniture and semi-permanent structures under § 146-493(b)(1); the Department of Public Works separately enforces removal of unsecured bicycles, mobility aids and electric scooters under § 146-493(b)(2).
Is there any exception to the sidewalk obstruction rule?
Yes. Section 146-493(c) states the section does not prohibit small-scale, portable outdoor equipment used at a permitted event, so vendors and performers operating under a city permit are not automatically in violation.

Sources & Official References

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