Bernalillo County, NM Homelessness & Encampment Rules: Sit-Lie Rules (2026)

Section 54-34 defines "dangerous streets and intersections" as those the Mid-Region Council of Governments' High Fatal and Injury Network identifies as reaching or exceeding the statistical mean for severe crash rates, and defines "camping" as setting up a tent, shack or other structure, or preparing bedding, for use in a public right-of-way, including a setback area. Subsection (b) bans obstructing or impeding pedestrian movement on a street, sidewalk, median, crosswalk or other public way, including a setback area, at those dangerous locations. Subsection (c) bans camping on any part of the right-of-way, including the setback area, at those same locations.

Subsection (d) applies the same enforcement sequence as Section 54-33: an officer must first verify a written warning was issued, else must issue a criminal trespass notification instead of a citation or arrest, unless immediate danger justifies a verbal warning followed by direct enforcement. Subsection (e) exempts law enforcement officers, public-agency employees, and any person using the right-of-way, including for expressive speech or conduct, as long as the use does not itself obstruct or impede movement or amount to camping. Subsection (f) sets the effective date at 30 days after final adoption by the county commission. The section was adopted by Ordinance No. 2022-38 on December 13, 2022.