New Orleans, LA Homelessness & Encampment Rules: Sit-Lie Rules (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.
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?
Which city department handles sidewalk obstruction removals?
Is there any exception to the sidewalk obstruction rule?
Sources & Official References
Other rules in New Orleans
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