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Albany, NY Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Citation
City Code § 255-2
Scope
Illegal purpose required, not mere presence
Max penalty
$250 fine or 15 days jail
Enforcement standard
Officer needs probable cause
History
Adopted 1983, amended 11-25-2023

Summary

Albany makes it unlawful to loiter or remain anywhere for a specific illegal purpose, drug activity, illegal weapons, trespassing, gambling, harassment, graffiti, noise violations, public urination, or blocking traffic, under City Code § 255-2.

It shall not be lawful for any person to loiter or remain in any place for the specific illegal purpose of:

A. Selling, using or possessing illegal drugs.

B. Possessing illegal weapons.

C. Trespassing.

D. Violating Article V, Unnecessary and Unusual Noises, of this chapter.

E. Violating Chapter 105, Alcoholic Beverages.

F. Illegal gambling.

G. Illegal harassment.

H. Violating Article VI, Graffiti, of this chapter.

I. Obstructing pedestrian or vehicular traffic.

J. Violating Article VII, Public Urination, of this chapter. [Added 11-25-2023 by Ord. No. 5.21.23]

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).

Full Breakdown

City Code § 255-2 (Chapter 255, Article I, Peace and Good Order) prohibits loitering or remaining in any place for the specific illegal purpose of selling, using or possessing drugs; possessing illegal weapons; trespassing; violating the noise, alcoholic beverages, gambling, harassment, graffiti or public urination provisions; or obstructing pedestrian or vehicular traffic. Under § 255-3, officers need probable cause, personal observation, video evidence, or a witness statement describing a definable illegal act, and simply failing to explain your presence is not itself a violation.

Violations & Fines

Violating any part of the loitering article is a violation-level offense: a fine up to $250, imprisonment up to 15 days, or both, under City Code § 255-4.

Frequently Asked Questions

Is standing around a public place illegal in Albany?
No. The ordinance only bans loitering for a specific illegal purpose, drug activity, trespassing, gambling, or blocking traffic, not merely being present somewhere.
What can happen if I'm charged with loitering in Albany?
A conviction under § 255-2 carries a fine up to $250, imprisonment up to 15 days, or both, per City Code § 255-4.

Sources & Official References

Other rules in Albany

Public UrinationSome RestrictionsPublic Alcohol UseSignificant RestrictionsOutdoor Smoking RestrictionsSignificant RestrictionsSkateboarding RulesSome RestrictionsAggressive PanhandlingSignificant RestrictionsParking Rules: Towing & Impound RightsSignificant RestrictionsParking Rules: EV ChargingSome RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningSome RestrictionsFire Regulations: Propane StorageSome RestrictionsLandscaping Rules: Rainwater HarvestingFew Restrictions

All Albany rules

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