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Bernalillo County, NM Public Conduct: Public Urination (2026)

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

Key Facts

Rule
no urinating/defecating except fixtures/chemical toilets
Applies to
all county park and recreation facilities
Enforced by
parks & recreation dept. plus sheriff's office
Penalty
up to $300 fine / 90 days (§1-6)
Exempt
on-duty county/emergency/law-enforcement personnel
Adopted
Ord. No. 2010-14, 5-25-10

Summary

Bernalillo County Code Section 58-12(b)(20) makes it unlawful to urinate or defecate anywhere in a county park or recreation facility except in a plumbing fixture or chemical toilet provided for that purpose, enforced by the parks and recreation department and sheriff's office under the Code's general penalty.

City-specific rules exist: Albuquerque has its own public urination rules that differ from Bernalillo County's county-level regulations. If you live in Albuquerque, check the city-specific page instead.

(20)Urination/defecation. No person shall urinate or defecate in any park and recreation facility, except in plumbing fixtures or chemical toilets specifically provided for those purposes.

View official code

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

Section 58-12 is the "Penalty and prohibited conduct" section of the Park and Recreation Facilities article. Subsection (a) makes any violation of the article's prohibited-conduct list punishable under the Code's general Section 1-6 penalty except where otherwise stated. Subsection (b)(20) states the specific rule: urinating or defecating anywhere in a park or recreation facility is banned outside a plumbing fixture or chemical toilet placed there for that purpose. Enforcement is split under Section 58-6: the parks and recreation department is responsible for enforcing the article's rules where its employees have authority, posting rule signage, and notifying the sheriff's office when a violation exceeds staff authority or needs law-enforcement response; the sheriff's office responds to those requests; and the county manager may contract with a law enforcement agency or security service for dedicated park patrol.

Section 58-8 exempts county employees and elected officials, county-manager-authorized volunteers, emergency responders, and law enforcement or animal control officers acting within the scope of their duties, along with the service, emergency and law-enforcement vehicles they use, from the article's prohibited-conduct provisions while on duty. The prohibition sits alongside a related but separate rule at Section 58-12(b)(10)(d), which bars allowing an animal to urinate or defecate in a park pool, fountain or body of water, showing the Code addresses human and animal waste in the parks system as distinct offenses.

Violations & Fines

Violating Section 58-12(b)(20) is punishable under the Code's Section 1-6 general penalty: a fine up to $300, up to 90 days' imprisonment, or both, for each offense. Parks and recreation department staff document and refer violations they observe to the sheriff's office for citation, and the county manager may contract for dedicated park patrol services under Section 58-6(3) to enforce this and other Article I prohibitions.

Frequently Asked Questions

Where am I allowed to relieve myself in a Bernalillo County park?
Only in a plumbing fixture or chemical toilet placed in the park for that purpose; Section 58-12(b)(20) makes it unlawful to urinate or defecate anywhere else in a park or recreation facility, and the general Section 1-6 penalty of up to a $300 fine or 90 days in jail applies to a violation.
Who enforces this rule?
Section 58-6 splits enforcement between the parks and recreation department, which patrols facilities and refers violations requiring further authority, and the sheriff's office, which responds when parks staff need assistance beyond their own authority to act; the county manager can also contract with outside law enforcement or a security service for dedicated park patrols.
Does the rule apply to county park employees on duty?
No. Section 58-8 exempts Bernalillo County employees and elected officials, county-manager-authorized volunteers, emergency responders, and law enforcement or animal control officers acting within the scope of their duties, along with the service and emergency vehicles they use, from the prohibited-conduct provisions of this article.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

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