Bernalillo County, NM Public Conduct: Public Urination (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.
(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.
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?
Who enforces this rule?
Does the rule apply to county park employees on duty?
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.