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Santa Fe, NM Public Conduct: Aggressive Panhandling (2026)

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

Key Facts

Governing section
SFCC 1987 § 20-2.3(D)
Enforcing agency
Santa Fe Police Department
1st offense
Written warning only
2nd offense
Citation may issue
3rd+ offense
Subject to arrest
Group panhandling
2+ people is automatically aggressive
Sign size limit
Max 4 square feet

Summary

Santa Fe bans panhandling that touches, blocks, follows, or curses at the person solicited, and treats panhandling by a group of two or more as aggressive per se. The Santa Fe Police Department enforces Section 20-2.3(D) of the SFCC 1987 citywide, alongside separate location bans near ATMs, bus stops, banks, and schools.

D.Panhandling in an aggressive manner is prohibited, including any of the following actions:(1)Touching the solicited person without the solicited person's consent;(2)Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment;(3)Blocking the path of a person being solicited or the entrance to any building or vehicle;(4)Following behind, ahead or alongside a person who walks away from the panhandler after being solicited;(5)Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful or feel compelled; or(6)Panhandling in a group of two (2) or more persons.

View official code

Full Breakdown

The Panhandling on Public Property ordinance, Section 20-2 SFCC 1987, lets panhandlers solicit on Santa Fe's public property but bans six specific behaviors as 'aggressive': touching the solicited person without consent, approaching someone waiting in line to enter a business, blocking a person's path or an entrance, following someone who has walked away after being solicited, using profane or abusive language or any gesture that would make a reasonable person fearful, and panhandling as part of a group of two or more people. 3 bars any panhandling after sunset or before sunrise in the business-capitol district, within 20 feet of an ATM or bank entrance, within 150 feet of a school, at bus stops, or aimed at drivers in traffic.

A panhandler cannot hold a sign larger than four square feet, cannot work the same spot for more than two hours, and must then stay 150 feet away from that spot for two hours. Panhandling on private property is separately banned under Section 20-3 unless the owner gives written permission. Each violation is charged as a public nuisance, and the Santa Fe Police Department handles enforcement in escalating steps.

Violations & Fines

A first violation of the aggressive-panhandling or location rules draws only a written police warning under Section 20-2.5. A second violation by the same person allows officers to issue a citation, and a third or subsequent violation exposes the panhandler to arrest. Each incident is also classified as a separate public nuisance offense under the general penalty schedule of Section 1-3 SFCC 1987.

Frequently Asked Questions

Is panhandling illegal in Santa Fe?
No, panhandling itself is legal on public property under Section 20-2 SFCC 1987, but the ordinance bans specific aggressive behaviors like touching, blocking, following, or cursing at the person solicited, plus panhandling in groups of two or more, and it restricts where and when solicitation can happen.
What counts as aggressive panhandling under Santa Fe's ordinance?
Section 20-2.3(D) lists six acts: touching the solicited person without consent, approaching someone in line for a business, blocking a path or entrance, following someone who walked away, using profane or threatening language or gestures, and panhandling as part of a group of two or more people.
What happens on a first panhandling violation in Santa Fe?
Police issue only a written warning for a first violation under Section 20-2.5. A second violation by the same person can draw a citation, and a third or later violation can lead to arrest, since each act of panhandling is treated as a separate public nuisance offense.
Can you panhandle near a school or bank in Santa Fe?
No. Section 20-2.3(C) bans panhandling within 150 feet of a school property line, within 20 feet of an ATM, and within 20 feet of a bank entrance while it is open, along with bus stops, parking structures, and street medians.

Sources & Official References

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All Santa Fe rules

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