Boise, ID Public Conduct: Public Urination (2026)
Key Facts
- Section
- § 5-2-13
- Classification
- misdemeanor (default)
- Max fine
- $1,000
- Max jail
- 6 months
- Only exception
- actual toilet facility
- Origin
- 1952 Code § 6-01-18
Summary
Boise makes it unlawful to urinate or defecate anywhere except a toilet, whether on the ground, into a body of water like the Boise River, or onto anything sitting on those surfaces. Boise City Code section 5-2-13 has no age or location exception, and because it isn't listed as an infraction elsewhere in chapter 2, a violation defaults to a misdemeanor.
5-2-13: PUBLIC URINATION: It shall be unlawful for any person to excrete human waste, including urine or feces, upon the ground, into a body of water, or upon anything attached or setting upon said surfaces within the City, except for toilet facilities used as receptacles for human waste. (1952 Code § 6-01-18) 5-2-1 ... 7: PENALTY: Unless otherwise specified, a violation of this chapter is a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 6-01-21; amd. 2019 Code; Ord. 20-25, 7-8-2025)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-31: Code current through: Ord. 20-26, passed 6-9-2026).
Full Breakdown
Section 5-2-13's text is short but sweeping: it is unlawful for any person to excrete human waste, including urine or feces, upon the ground, into a body of water, or upon anything attached to or sitting on those surfaces within the City, and the only carve-out is for waste deposited in an actual toilet facility built to receive it. The ban applies City-wide; it isn't limited to parks, the Downtown core, or the Boise River Greenbelt, and it doesn't require that anyone actually see the act or that property be damaged, only that the waste land somewhere other than a toilet.
The section dates to the 1952 Code (section 6-01-18) and sits in Title 5, chapter 2, General Offenses, alongside public intoxication, fighting and disorderly conduct. Chapter 2's general penalty section, 5-2-17, states that unless a specific offense says otherwise, a chapter 2 violation is a misdemeanor. Section 5-2-13 itself does not name its own penalty, so it falls under that default rather than being downgraded to a civil infraction the way possessing false identification (section 5-2-14) is. That means Boise Police can cite an offender directly for a misdemeanor rather than the lesser infraction track used elsewhere in the same chapter, and the case is heard in Boise City's misdemeanor court rather than as a civil infraction matter.
Violations & Fines
Boise City Code section 5-2-13 carries no listed penalty of its own, so section 5-2-17's default applies: the offense is a misdemeanor under section 1-4-1, punishable by a fine of up to $1,000, up to six months in the Ada County Jail, or both. Unlike several neighboring offenses in chapter 2 that the Council downgraded to infractions, public urination remains a full misdemeanor charge.
Frequently Asked Questions
Is public urination a serious charge in Boise?
Does the ban only apply near the Boise River?
Is there any exception to Boise's public urination law?
Sources & Official References
Other rules in Boise
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