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Santa Fe, NM Public Conduct: Loud Party Ordinance (2026)

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

Key Facts

Gathering size threshold
2 or more persons
Owner liable even if absent
yes, per 10-9.4(D)
Juvenile-owner liability
parents/guardians jointly liable
Daily fine
$100, capped at $9,000
Tenant 911-call protection
cannot be penalized

Summary

Santa Fe's Nuisance Abatement Ordinance declares a party of two or more people causing peace-disturbing noise a 'loud or unruly gathering' and a public nuisance, holding the property owner liable for abatement fines even if they weren't present.

Loud or unruly gathering means a party or gathering of two (2) or more persons at or on a property, who are causing noise that disturbs the peace or obstructs public streets, including crowds of people who have spilled into public streets.

Full Breakdown

3 defines a 'loud or unruly gathering' as 'a party or gathering of two (2) or more persons at or on a property, who are causing noise that disturbs the peace or obstructs public streets, including crowds of people who have spilled into public streets,' and separately lists such a gathering as a category of 'public nuisance' under the same section. 4 places responsibility squarely on the property owner: the owner must maintain, manage and supervise the property and everyone on it so as not to violate the ordinance, remains liable regardless of any lease or third-party agreement, and does not need to be present when the nuisance occurs for an investigation, abatement plan, fine or lien to follow.

4(C) makes the juvenile's parents or guardians jointly and severally liable for abatement costs and fines. 5, a law-enforcement response, land use code citation or constituent complaint each counts as an 'incident,' and six incidents at a property within six months trigger an internal investigation and, if confirmed, a notice of violation requiring the owner to submit an abatement plan within fifteen days. 6 bars a property owner or the city from penalizing a tenant who calls police for a genuine emergency, so a host who calls for help does not automatically create host liability for that call. 7.

Violations & Fines

A property owner found noncompliant after a loud-or-unruly-gathering nuisance determination faces a $100-per-day fine up to a $9,000 cumulative cap under Section 10-9.7(B). If a juvenile is the property owner, parents or guardians share that liability under Section 10-9.4(C). Repeat incidents (three within two years) can push the city into district court for a lien, forced sale or property seizure.

Frequently Asked Questions

What counts as a 'loud or unruly gathering' under Santa Fe's code?
Section 10-9.3 defines it as a party or gathering of two or more persons at or on a property who are causing noise that disturbs the peace or obstructs public streets, including crowds that spill into the street. It is expressly classified as a public nuisance under the same section.
Can I be fined for a party at my rental property even if I wasn't there?
Yes. Section 10-9.4(D) says a property owner need not be present when a nuisance occurs for an investigation, abatement plan, fines, or a lien to result, and imposes vicarious as well as direct liability on the owner.
Will I get in trouble for calling police during a party emergency?
No. Section 10-9.6 prohibits the property owner or the city from penalizing a tenant who summons police or emergency assistance based on a reasonable belief that someone needs help, so that 911 call itself cannot be used against you.

Sources & Official References

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