How Auburn Handles Public Conduct: A Practical Guide

Auburn maintains 148 local ordinances across all categories, and 5 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Auburn falls on the strict-to-permissive spectrum compared to other cities.

Public Urination

Auburn's disorderly conduct ordinance, ACC 9.78.010(A)(8), makes it a misdemeanor to urinate or defecate anywhere open to public view outside a restroom or toilet facility. The same section covers fighting, obstructing traffic and disturbing the peace, all punishable by up to 90 days in jail and a $1,000 fine.

Key details: Governing section: ACC 9.78.010(A)(8). Offense class: Disorderly conduct, misdemeanor. Maximum penalty: 90 days jail and/or $1,000 fine. Exception: Acts inside a restroom or toilet facility. Enforcing agency: Auburn Police Department.

A single confirmed instance of urinating or defecating in public view supports a misdemeanor charge under ACC 9.78.010, with a maximum of 90 days in jail and/or a $1,000 fine, the same ceiling that applies to public fighting, traffic obstruction and disturbing the peace elsewhere in the same disorderly-conduct section. Auburn Police cite or arrest on scene; the case is heard in Auburn Municipal Court.

Loitering Rules

Auburn Municipal Code Chapter 9.50 defines loitering and lets police order people to move on when they block streets, sidewalks or business entrances. Anyone who refuses a lawful dispersal order commits a misdemeanor punishable by up to 90 days in jail and a $1,000 fine under ACC 9.50.020.

Key details: Governing chapter: ACC Chapter 9.50, Loitering. Trigger: Refusing a police dispersal order. Penalty: Up to 90 days jail and/or $1,000 fine. Amended by: Ordinance 6781 (2020). Related rule: Camping on city property, ACC 9.50.030.

Blocking a public sidewalk, street or business entrance and refusing a police order to disperse is a misdemeanor under ACC 9.50.020, carrying up to 90 days in jail and/or a $1,000 fine. Officers must first give a verbal dispersal order; only failing or refusing to comply after that order triggers the charge, so the underlying obstruction alone is not automatically criminal until the order is disobeyed.

Skateboarding Rules

Auburn bans skateboarding and roller skating on any street, alley, sidewalk or public parking lot within the downtown central business district under ACC 10.58.040. Les Gove Park carries its own carve-outs: roller skates are barred everywhere but designated pathways, and skateboards are barred everywhere except areas specifically marked for skateboard use.

Key details: CBD ban: No skateboards/skates on any street, sidewalk. Les Gove Park roller skates: Pathways only. Les Gove Park skateboards: Designated skate areas only. Device impound: 10 days upon violation. Legal basis: Infraction under ACC 1.25.050 schedule.

A violation of Chapter 10.58 ACC is an infraction under ACC 10.58.050, subject to the penalty schedule in ACC 1.25.050. Beyond the fine, ACC 10.58.050 also authorizes impounding the skateboard, roller skates or coaster used in the violation for 10 days from the time of the offense.

This is not one of those rules that cities tend to ignore. Auburn actively enforces its skateboarding rules requirements.

Outdoor Smoking Restrictions

Auburn bans smoking, vaping, and all tobacco use in every city park except its golf courses under ACC 2.22.085. The rule covers e-cigarettes, chewing tobacco, snuff, cigars, pipes, and hookahs alike, and it doesn't matter whether the product burns or just produces vapor: if it emits smoke or contains tobacco, it's illegal in the park.

Key details: Ban covers: all city parks except golf courses. Noncombustible products banned: e-cigarettes, vaping devices, chew, snuff, snus. Combustible products banned: cigarettes, cigars, cigarillos, pipes, hookahs. Penalty effective date: May 5, 2020. Violation penalty: Class 3 civil infraction, Ch. 7.80 RCW.

A first violation of the smoking and vaping ban is a Class 3 civil infraction under Chapter 7.80 RCW, the lowest infraction class in the park code's penalty structure. Officers may detain a violator long enough to check identification and outstanding warrants under ACC 2.22.250. Repeated violations can escalate to a written park-exclusion admonishment of up to one year under ACC 2.22.240, and returning to a park during that exclusion period exposes the person to criminal trespass prosecution under Chapter 9A.52 RCW.

Compared to other cities, Auburn takes a harder line on outdoor smoking restrictions. The enforcement and penalty structure reflects that.

Public Alcohol Use

Auburn enforces Washington's statewide open-container law by reference: opening a liquor package or drinking alcohol in a public place is a class 3 civil infraction under RCW 66.44.100, adopted into Auburn Municipal Code Chapter 9.46. The same chapter separately makes public intoxication a misdemeanor. Auburn Police issue the ticket; narrow event exceptions exist.

Key details: Governing law: RCW 66.44.100, adopted by ACC 9.46.900. Violation type: Class 3 civil infraction, ch. 7.80 RCW. Exception: Events permitted under RCW 66.24.800. Related offense: Public intoxication is a misdemeanor, ACC 9.46.010. Enforcing agency: Auburn Police Department.

Opening a liquor container or drinking in a public place is a class 3 civil infraction under RCW 66.44.100 and chapter 7.80 RCW, ticketed by Auburn Police and resolved in Auburn Municipal Court with a fine rather than jail. Separately, appearing intoxicated in public to a degree endangering someone else is a misdemeanor under ACC 9.46.010, carrying potential jail time on conviction, not merely a fine.

Compared to other cities, Auburn takes a harder line on public alcohol use. The enforcement and penalty structure reflects that.

The Bottom Line

Auburn is tougher than many cities when it comes to public conduct. Out of the 5 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Auburn, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Auburn's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.