There is no specific law in California that makes public urination a crime. However, a person who is caught urinating in a public place could be charged with
- public nuisance,
- public intoxication or
- indecent exposure.
Penal Code 640 PC prohibits urinating or defecating in a system facility or vehicle, other than a lavatory, unless it is the “result of a disability, age, or a medical condition.”
The most common charge stemming from public urination is public nuisance charge under California Penal Code section 372. This section states that:
Every person who commits a public nuisance is guilty of a misdemeanor.
The punishment for committing a public nuisance under Penal Code 372 could include:
- probation,
- six months jail, and/or
- a $500 fine.
Most cities and counties have ordinances that prohibit public urination. Ordinances are rules or laws created by a municipal authority. Ordinances can be misdemeanors or infractions per Government Code 36900.
A misdemeanor violation of a city ordinance for urinating in public is punishable by:
- six months jail, and/or
- a $1,000 fine.
As an infraction public urination is punishable by a fine ranging from $100 to $500. Infractions do not allow for jail time.
Urinating on public transportation, or in a public transportation facility, is a misdemeanor under Penal Code 640 (excluding bathrooms). The punishment for a violation of this section is:
- three months jail, and/or
- a $400 fine.
There are other code sections that sometimes involve public urination. Disorderly conduct under Penal Code 647(f) involves being drunk and/or intoxicated in public. The level of intoxication must be such that the person cannot care for their own safety. Disorderly conduct is a misdemeanor punishable by:
- six months jail, and/or
- a $1,000 fine.
If someone exposes themselves while urinating in public, it could lead to an indecent exposure charge. Under Penal Code 314 PC, every person who:
- willfully and lewdly,
- exposes his private parts,
- in a public place,
- or where there are other persons to be offended or annoyed,
- is guilty of a misdemeanor.
A misdemeanor violation of Penal Code 314 PC is punishable by up to:
- six months jail,
- a $1,000 fine,
- registration as a sex offender.
Defenses to public urination charges can include:
- necessity,
- mistaken identity
- physical disability,
- age,
- a medical condition.
Can I Go to Jail for Public Urination?
It is possible but unlikely. A person can be arrested or cited for public urination under both state and local laws. These laws consist of infractions and misdemeanors. Infractions only allow for fines. Misdemeanors can be punished with
- probation,
- fines,
- community service, and/or
- jail time.
Public urination and public intoxication together can sometimes lead to an arrest for disorderly conduct under Penal Code 647(f). This could result in a trip to the “drunk tank”.
NOTE: An experienced attorney will always try to reduce a misdemeanor charge to an infraction. A misdemeanor conviction can have negative effects on
- school,
- employment, and
- professional licenses.
Is Public Intoxication the same as Public Urination?
No. Public intoxication under Penal Code 647(f) is called disorderly conduct. Under Penal Code 647(f), any person who is found in any public place:
- under the influence of any drug, intoxicating liquor, or both,
- in a condition unable to exercise care for his or her own safety, OR
- by reason of being under the influence interferes with, obstructs, or prevents the free use of any street, sidewalk, or other public way,
- is guilty of a misdemeanor.
The punishment for public intoxication under Penal Code 647(f) could include:
- probation,
- six months jail,
- a $1,000 fine.
What is the Punishment for Public Urination?
A person can be arrested for public urination under both state and local laws. Local ordinances are either misdemeanors or infractions (See Government Code 36900).
A misdemeanor violation of a city ordinance for urinating in public is punishable by up to:
- six months jail, and/or
- a $1,000 fine.
As an infraction public urination is punishable by a fine ranging from $100 to $500. Infractions do not allow for jail time.
The punishment for a misdemeanor public nuisance charge under Penal Code 372 is up to:
- six months jail, and/or
- a $500 fine.
Under Penal Code 640, urinating on public transportation, or in a public transportation facility, is punishable by up to:
- three months jail, and/or
- a $400 fine.
In an unusual case a person could be charged with indecent exposure for urinating in public.
A misdemeanor conviction for indecent exposure under Penal Code 314 is punishable by:
- probation,
- six months jail,
- a $1,000 fine,
- registration as a sex offender.
Why is Public Urination Illegal?
Public urination in some areas of California is a big problem. There is often a lack of public facilities in areas with
- bars,
- nightclubs and
- restaurants.
Especially late at night. A growing homeless population has also led to an increase in public urination complaints.
Public urination leads to an increase in disease and health concerns. Also, for business owners, public urination interferes with tourists and customers.
Are There Defenses to Public Urination?
There are various defenses to fight a public urination charge. These include:
- necessity,
- mistaken identity
- physical disability,
- age,
- a medical condition.
