Skip to main content
CityRuleLookup

Berkeley, CA Public Conduct: Public Urination (2026)

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

Key Facts

Governing section
BMC 13.36.085
Charge level
Infraction only
Enforcement
Warning required before citation
Exemption
Restrooms/bathrooms provided for the purpose
Adopted
Ord. 7448-NS, 2015

Summary

BMC 13.36.085 bans urinating or defecating in any public place, anywhere open to public view, or on private property entered without the owner's consent. A warning must precede any citation, and every violation is charged only as an infraction.

No person may urinate or defecate: 1. In a public place; 2. In a place open to the public or exposed to public view; 3. In a private place entered without consent of the owner, their agent, or the person in lawful possession thereof... 'public place' means and includes, but is not limited to, any street, park, pier, beach, restaurant, cafe, theater, store, building playground, school ground recreational area or other place to which the public is invited or has access or any place open to the public view... No person may be cited for a violation of this Section until that person has first been warned that their conduct is in violation hereof. Violations of this Section shall be charged as infractions, and not as misdemeanors.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

The ordinance defines 'public place' broadly to include, without limitation, any street, park, pier, beach, restaurant, cafe, theater, store, building, playground, school ground, recreational area, or any other place the public is invited to or has access to, plus any place open to public view even if privately owned. Subsection A also separately bans urinating or defecating in a private place entered without the consent of the owner, agent, or lawful occupant, closing off a workaround where someone slips onto private land specifically to relieve themselves.

Subsection C exempts using a bathroom, restroom, dressing room, or similar fixture provided for that purpose, so the ordinance targets open-air conduct rather than normal indoor plumbing use. Like the sidewalk sit-lie rule enacted the same year, this section builds in a warning-first enforcement model: subsection D bars any citation until the person has first been warned that their conduct violates the section, and subsection E fixes the charge at an infraction rather than a misdemeanor.

Violations & Fines

Every violation is charged as an infraction, never a misdemeanor, per subsection E. No citation may issue on a first encounter; the person must first receive a warning under subsection D that their conduct is unlawful, and only a subsequent violation after that warning supports a citation.

Frequently Asked Questions

Is public urination a misdemeanor in Berkeley?
No. BMC 13.36.085(E) fixes the charge as an infraction, and subsection D requires a prior warning before anyone can be cited.
Does Berkeley's urination ban cover private property?
Yes. Subsection A(3) also bans urinating or defecating in a private place entered without the consent of the owner, agent, or lawful occupant, not just spaces open to the public.
Can someone be cited the first time they're caught?
No. Subsection D requires that the person first be warned that their conduct violates the section before any citation can be issued for a repeat instance.

Sources & Official References

Other rules in Berkeley

All Berkeley rules

California rules heatmap·Compare Berkeley to another location·View the California public conduct overview

Get notified when Public Urination in Berkeley, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Public Urination in Nearby Cities

How other cities in Alameda County handle public urination.

Fremont, CA
Some Restrictions
Livermore, CA
Heavy Restrictions