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Babylon, NY Public Conduct: Public Urination (2026)

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

Key Facts

Offense class
Class B misdemeanor
First-offense fine
$250–$1,000
Max jail
90 days
Repeat-offense fine
Up to $5,000
Also covers
Public defecation (§ 165-37.J)

Summary

Town of Babylon Code § 165-4 makes it a Class B misdemeanor to urinate anywhere in public other than a toilet or urinal, with fines climbing to $5,000 and jail time on repeat offenses.

A person is guilty of public urination if, in a public place, as defined by New York State Penal Code § 240.00, he or she shall urinate other than in a urinal or toilet.

§ 165-4.1. Penalties for violations. [Amended 11-6-2008 by L.L. No. 28-2008; 4-27-2022 by L.L. No. 10-2022] Any person found guilty of violating this article shall be guilty of a Class B misdemeanor and, upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, shall be guilty of a Class B misdemeanor and, upon conviction, a fine of not less than $1,000 nor more than $2,500 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, shall be guilty of a Class B misdemeanor and a fine of not less than $2,500 nor more than $5,000 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both. Any person found by the Bureau of Administrative Adjudication to have violated this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense and subsequent offenses.

§ 165-4.2. Severability.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4941158; v66 updated 2026-05-13; through 05-13-2026).

Full Breakdown

Under § 165-4, a person is guilty of public urination if, in a public place as defined by New York Penal Law § 240.00, they urinate other than in a urinal or toilet. The offense is a Class B misdemeanor. There is no separate exception for defecation here, but Ch. 165, Art. IX's disorderly-conduct provision (§ 165-37.J) separately bars urinating or defecating in public outside an available restroom.

Violations & Fines

First offense: $250–$1,000 fine and/or up to 90 days jail. Second offense within five years: $1,000–$2,500. Third or subsequent offense within five years: $2,500–$5,000. All carry up to 90 days imprisonment (§ 165-4.1).

Frequently Asked Questions

Is public urination illegal in the Town of Babylon?
Yes. Town Code § 165-4 makes it a Class B misdemeanor to urinate anywhere in public except a toilet or urinal.
What's the penalty for a first offense?
A fine of $250 to $1,000 and up to 90 days in jail, per § 165-4.1.

Sources & Official References

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