Berkeley, CA Public Conduct: Public Urination (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.
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?
Does Berkeley's urination ban cover private property?
Can someone be cited the first time they're caught?
Sources & Official References
Other rules in Berkeley
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Public Urination in Nearby Cities
How other cities in Alameda County handle public urination.