How Lincoln Handles Public Conduct: A Practical Guide

Lincoln maintains 161 local ordinances across all categories, and 8 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Lincoln falls on the strict-to-permissive spectrum compared to other cities.

Public Urination

Lincoln makes it a misdemeanor to urinate or defecate on any public or private property that's open or visible to the public, with an exception for using a restroom as designed.

Key details: Prohibited conduct: Urinating or defecating on public/visible property. Restroom exception: Doesn't apply to designed restroom use. Penalty: Up to $500 fine, 6 months jail. Enacted: Ordinance 16119, May 26, 1992.

Misdemeanor under the citywide general penalty, § 1.24.010: up to six months in the county jail, a fine up to $500, or both, each day of violation counted separately.

This is not one of those rules that cities tend to ignore. Lincoln actively enforces its public urination requirements.

Skateboarding Rules

Skateboards are banned from Lincoln streets except at crosswalks, and sidewalk riders assume their own risk and must yield to pedestrians.

Key details: Streets: Banned except at crosswalks. Sidewalks: Allowed, rider's own risk. Pedestrians: Must be yielded right-of-way. Max fine: $500. Max jail: 6 months.

Misdemeanor; fine up to $500, up to 6 months in county jail, or both, per violation.

Loitering Rules

Lincoln bans loitering or remaining on another's property once the owner has given notice against trespass through direct communication, posted signs, or an excluding fence.

Key details: Scope: Citywide within Lincoln. Trigger: Notice by word, sign, or fence. Windowpeeping: After sunset = trespass evidence. Defense: Public premises, conditions followed.

Loitering or remaining after trespass notice, or windowpeeping a residence after sunset, violates the section; open-to-the-public compliance or a reasonable belief of license to enter are the only listed defenses.

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

Public Marijuana Use

Lincoln makes possessing marijuana, including smoking it in public, a punishable offense under Municipal Code § 9.48.090, with fines up to $500 and jail time for repeat offenders.

Key details: Governing law: Lincoln Municipal Code § 9.48.090. First offense: $300 fine, infraction, drug course. Second offense: $400 fine, up to 5 days jail. Third+ offense: $500 fine, up to 7 days jail. Enforcing agency: Lincoln Police Department.

First offense: infraction, $300 fine, mandatory drug course. Second: misdemeanor, $400 fine, up to 5 days jail. Third and later: $500 fine, up to 7 days jail.

This is one of the stricter rules in Lincoln's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Jaywalking

Lincoln requires pedestrians to use crosswalks between signaled intersections, in congested districts, and on arterial streets: crossing mid-block elsewhere in those areas is a violation.

Key details: Crosswalk required: between signaled intersections. Crosswalk required: in congested districts. Crosswalk required: on arterial streets. Enforced by: Lincoln Police Department.

Citable as a pedestrian traffic violation by Lincoln Police under Title 10; fines are set by the municipal traffic-violation schedule.

Aggressive Panhandling

Lincoln bans aggressive panhandling citywide, covering touching, blocking, following, and repeated requests after a refusal.

Key details: Governing section: L.M.C. § 9.20.080(d). Covers: touching, blocking, following, repeat asks. Penalty: up to $500 fine / 6 months jail. Also banned: panhandling in groups of 2+.

Violating Chapter 9.20 is a misdemeanor under § 1.24.010(a): up to 6 months in the county jail, a fine up to $500, or both, with each day a separate offense.

Outdoor Smoking Restrictions

Lincoln bans smoking and vaping in every place of employment and public place, including outdoor patios and other public areas covered by the definition, unless a proprietor designates a narrow exception.

Key details: Covered areas: workplaces and public places. Hotel room exception: up to 20% of rooms. First-offense fine: $100 plus costs. Repeat-offense fine: $500 plus costs, third+. Enforcement: Health Director and police.

Smoking or vaping in a covered place is a misdemeanor: minimum $100 fine plus costs for a first offense, $200 for a second, $500 for a third and each later offense; every day of continued violation is a separate offense.

This is not one of those rules that cities tend to ignore. Lincoln actively enforces its outdoor smoking restrictions requirements.

Public Alcohol Use

Drinking alcohol on Lincoln streets, alleys, parking areas, or public property is a misdemeanor unless the property owner and a state liquor license authorize it.

Key details: Governing section: LMC § 9.48.050. First offense fine: Up to $500. Repeat offense: Up to $500 + 6 months jail. In-vehicle drinking: Separately banned, § 9.48.070.

First offense: misdemeanor, fine up to $500. Second or later conviction: fine up to $500, up to 6 months in jail, or both.

This is one of the stricter rules in Lincoln's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Lincoln is tougher than many cities when it comes to public conduct. Out of the 8 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in Lincoln, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Lincoln's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.