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Boise, ID Public Conduct: Public Urination (2026)

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

Source: Idaho Code 18-4105AView official code

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?
Yes, more serious than many other minor offenses. Because Boise City Code section 5-2-13 doesn't set its own penalty, section 5-2-17's default applies and the offense is a misdemeanor under section 1-4-1, punishable by up to a $1,000 fine, up to six months in jail, or both, rather than a lesser civil infraction.
Does the ban only apply near the Boise River?
No. Section 5-2-13 bans excreting waste on the ground, into any body of water, or onto anything sitting on those surfaces anywhere in the City, so it applies on any street, sidewalk, park or private yard visible to enforcement, not just along the Greenbelt or the river itself.
Is there any exception to Boise's public urination law?
Only one. Section 5-2-13 exempts waste deposited into an actual toilet facility built to receive it. There's no exception for emergencies, medical conditions, or a lack of nearby restrooms written into the ordinance itself.

Sources & Official References

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