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Albany, OR Public Conduct: Public Urination (2026)

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

Key Facts

Governing section
AMC § 9.04.055, Human waste
Location in code
Title 9, Health and Sanitation, Chapter 9.04
Places covered
Street, alley, public grounds, building, or place open to the general public
Default penalty rule
Offense with no penalty provided is a misdemeanor (§ 1.04.010)
Misdemeanor maximum
$2,500 fine or up to one year, or both
History
Ord. 5820 (2013), Ord. 5880 (2016)

Summary

In the City of Albany, Oregon, Albany Municipal Code § 9.04.055 bars any person from depositing or discharging human waste on public property upon any street, alley, public grounds, building, or place open and available to the general public. The section sits in Chapter 9.04, Maintenance of Property, under Title 9, Health and Sanitation.

No person shall deposit or discharge any human waste on public property upon any street, alley, public grounds, building, or place open and available to the general public.

Full Breakdown

The rule in the City of Albany, Oregon is one sentence long. Section 9.04.055 says no person shall deposit or discharge any human waste on public property upon any street, alley, public grounds, building, or place open and available to the general public. The word person carries no exception, so the ban reaches residents, visitors and anyone else on public property inside the city. The section uses the term human waste and does not separately name urination or defecation, and the sections read for this page do not define the term.

The list of locations is broad. Streets and alleys are named first, then public grounds, then any building, and the list closes with a catch-all for any place open and available to the general public.

The history line shows Ordinance 5820 of 2013 and Ordinance 5880 of 2016. A code reviser's note explains that Ordinance 5820 added the provisions as Section 9.04.050 and that the section was editorially renumbered to prevent duplication of numbering, which is why it now prints as 9.04.055.

Two neighboring sections in Chapter 9.04 cover related ground. Section 9.04.040(2) provides that no human excreta, kitchen wastes, laundry water, sink water or toilet wastes should be allowed to discharge or flow upon the surface of the ground or into any ditch, gutter, street, roadway or public place, nor onto private property so as to create a nuisance or health hazard. Section 9.04.040(4)(a) allows properly serviced and maintained chemical toilets to stay in use beyond 90 days, with approval of the Director of Public Works, when made available for public use and installed on public or city owned property.

The chapter's penalty clause, § 9.04.060, names §§ 9.04.010, 9.04.040, 9.04.045 and 9.04.050 and does not name § 9.04.055. The general penalty section, AMC § 1.04.010, fills that gap: where an offense is defined and no penalty is provided, the offense is deemed a misdemeanor.

Violations & Fines

Section 9.04.060 does not list § 9.04.055. Under the general rule in AMC § 1.04.010, an offense with no penalty provided is deemed a misdemeanor, punishable by a fine of not more than $2,500 or imprisonment not to exceed one year, or both. A classified violation carries a civil penalty of not more than $1,000. Every day, or portion thereof, a violation continues is a separate offense.

Frequently Asked Questions

Is it illegal to urinate in public in Albany, Oregon?
Albany Municipal Code § 9.04.055 prohibits depositing or discharging any human waste on public property upon any street, alley, public grounds, building, or place open and available to the general public. The section does not separately name urination, so its wording turns on the term human waste, which the sections read for this page do not define.
Which places does the Albany rule cover?
The section names streets, alleys, public grounds, buildings, and any place open and available to the general public, all described as public property. It applies to any person, and the text carries no exception for a particular time of day or for any particular class of people.
What is the penalty under Albany's human waste section?
Section 9.04.060 lists penalties for other sections of Chapter 9.04 and does not name § 9.04.055. The general penalty in AMC § 1.04.010 says an offense with no penalty provided is deemed a misdemeanor, with a fine of not more than $2,500 or imprisonment not to exceed one year, or both. Each day a violation continues is a separate offense.
When did Albany adopt this rule?
The history line shows Ordinance 5820 of 2013 and Ordinance 5880 of 2016. A code reviser's note says Ordinance 5820 added the provisions as Section 9.04.050 and that the section was editorially renumbered to prevent duplication of numbering, which is why it now sits at 9.04.055 in the Albany Municipal Code.

Sources & Official References

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