Bernalillo County, NM Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Bernalillo County Code § 54-34
- Applies to
- Flagged dangerous streets & intersections only
- Max penalty
- $300 fine, 90 days jail
- Before citation
- Written warning required first
- Exempt
- Peaceful non-obstructive expressive activity
Summary
Unincorporated Bernalillo County bans obstructing pedestrian movement or camping in public rights-of-way at streets and intersections flagged as high-crash locations, with warnings required before a citation or arrest.
(b)Obstructing or impeding movement prohibited. It is unlawful for any person to obstruct or impede the movement of any persons passing along any street, sidewalk, median, crosswalk or any other public way, including a setback area, at any dangerous streets or intersections.(c)Camping in right-of-way prohibited. It is unlawful for any person to camp upon any part of a public right-of-way, including a setback area, at any dangerous streets or intersections.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
Bernalillo County Code Sec. 54-34 makes it unlawful to obstruct or impede pedestrian movement on a street, sidewalk, median, crosswalk or other public way, or to camp in a public right-of-way, at streets and intersections the Mid-Region Council of Governments' High Fatal and Injury Network flags as exceeding the statistical mean for severe crash rates. A sheriff's deputy must first verify a written warning was already issued, or else must issue a criminal trespass notification instead of a citation; a verbal warning suffices only during immediate danger. Violations draw the Code's general penalty: a fine up to $300, up to 90 days in jail, or both. Peaceful expressive activity that doesn't obstruct traffic is exempt.
Violations & Fines
Blocking pedestrians or camping on the ROW at a flagged dangerous street/intersection after a warning; fine up to $300, jail up to 90 days, or both.
Frequently Asked Questions
Does this apply throughout Bernalillo County?
Can I be arrested for loitering on the spot?
What's the maximum penalty?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.