Albuquerque, NM Public Conduct: Loitering Rules (2026)

Section 12-2-30 targets unauthorized presence and camping in the arroyos, drainage channels, and irrigation channels that carry water across Albuquerque. The section defines a WATER CONVEYANCE SYSTEM as any engineered or natural channel used to move water, including arroyos, drainage channels, irrigation channels, and piping owned, maintained, or under the authority of the City of Albuquerque, Bernalillo County, the Albuquerque Metropolitan Arroyo Flood Control Authority, or the Middle Rio Grande Conservancy District. Subsection (B) makes it unlawful to enter or remain in a water conveyance system that is not designated as an open space area or recreational path, except for public safety personnel, agency employees, or people the agency has authorized.

Subsection (C), the loitering provision itself, separately bars camping or loitering on any part of the right-of-way where a water conveyance system sits, including portions of that right-of-way that are designated as open space, closing the gap that would otherwise let someone loiter in an arroyo's open-space buffer rather than the channel itself. Subsection (D) additionally makes it unlawful to remain in an open space or recreational trail within that right-of-way after an agency employee, representative, or law enforcement officer has ordered a person to leave for a public safety issue or facility maintenance.

Subsection (E) separately bars operating a motor vehicle or off-highway vehicle in the right-of-way. The ordinance was adopted by Ord. 2022-031, layered onto the older definitions article that also addresses criminal threats to schools.