Albuquerque, NM Public Conduct: Public Urination (2026)

Section 12-2-5 defines DISORDERLY CONDUCT as a list of specific acts, any one of which is enough to violate the section: violent, abusive or indecent conduct creating a clear and present danger of violence; malicious annoying or threatening phone calls; maliciously disturbing or touching an occupied house or vehicle; inciting a riot or disturbance in a dwelling, building or public place; using fighting words likely to provoke a violent reaction; disturbing or touching a person on school or college grounds; failing to obey a motor coach operator's instructions; and, under subsection (G), urinating or defecating in public view on any public place or on private property without the consent of the person lawfully in possession of that property.

Subsection (G) was added by Amendment Ordinance 2023-005 to the original 1973 disorderly conduct ordinance ('74 Code, § 12-1-2-5), which has also been amended by Ord. 91-1977 and Ord. 78-1978. The offense reaches both public places, streets, parks and sidewalks, and private property where the person did not have the property owner's or tenant's permission to be relieving themselves. There is no carve-out in the text for children, medical necessity, or lack of access to a restroom; the section is written as a strict list of prohibited acts rather than a standard requiring proof of intent to offend anyone.

Enforcement runs through the Albuquerque Police Department, and the offense is charged the same way as the section's other disorderly conduct violations, with the citing officer able to rely on the plain language of subsection (G) rather than needing to prove any additional element like public alarm.