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Brookhaven, NY Public Conduct: Public Urination (2026)

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

Key Facts

Governing chapter
Ch. 49B, Nuisance Abatement, Art. II
Prohibited act
Defecating or urinating outside a toilet/restroom
Scope
Public places and other public/private locations
Minimum fine
$25 (§ 49B-12)
Maximum penalty
$250 fine and/or 15 days jail

Summary

Brookhaven's Nuisance Abatement chapter bans defecating or urinating anywhere except a public or private toilet or restroom, covering public places under Penal Law Article 240 as well as other public or private locations, with fines up to $250 and jail time.

No person shall defecate or urinate in any public place, as defined in accordance with Article 240 of the Penal Law and acts amendatory thereto, or other public or private location except in a public or private toilet or restroom.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Article II of Chapter 49B, titled "Conduct," opens with legislative findings that the "careless and unseemly custom and practice of some individuals who engage in human elimination in public and/or private places having no sanitary facilities" jeopardizes the peace, health and welfare of the Town (§ 49B-10). " That wording sweeps in private locations as well as public ones, so the exception, not the location, does the work: the only lawful place to go is a toilet or restroom, public or private. The article sits inside Chapter 49B, Nuisance Abatement, alongside the Town's separate civil public-nuisance injunction and $1,000-per-day civil penalty scheme (§§ 49B-4 through 49B-6), though those broader nuisance remedies target buildings and properties rather than individual conduct under Article II.

Violations & Fines

A violation of Article II is punishable under § 49B-12 by a minimum fine of $25, imprisonment not to exceed 15 days, or a court-fixed fine up to $250, or both.

Frequently Asked Questions

Is public urination illegal in the Town of Brookhaven?
Yes. Section 49B-11 prohibits defecating or urinating in any public place as defined under Penal Law Article 240, or in any other public or private location, except in a public or private toilet or restroom.
What is the fine for public urination in Brookhaven?
Section 49B-12 sets a minimum fine of $25, with the court able to impose up to $250, imprisonment of up to 15 days, or both, for a violation of the article.
Does the Brookhaven ban only apply in public places?
No. Section 49B-11's language reaches "other public or private location" as well as public places, meaning the exception for a toilet or restroom, not the type of location, determines whether the conduct is lawful.

Sources & Official References

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