Costa Mesa, CA Public Conduct: Public Urination (2026)
Key Facts
- Governing section
- Section 11-4, Costa Mesa Municipal Code
- Adopted
- Ordinance No. 91-3, Feb. 1991
- Covers
- public property and publicly visible private property
- Medical exemption
- illness or physical infirmity only
- Intoxication defense
- expressly not exempt
- Misdemeanor penalty
- up to $1,000 fine, 6 months jail
Summary
Costa Mesa Municipal Code section 11-4 makes it unlawful to urinate, defecate or dispose of human waste on private property visible to the public, or on any public street, sidewalk, alley, park, parkway or parking lot, unless it happens inside a proper toilet in a restroom or enclosure. A genuine illness or physical infirmity is a defense; being drunk or high is explicitly not.
(a) It is unlawful for any person to urinate, defecate or otherwise discard or dispose of human wastes or excretion on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park, parkway, parking lot or other public place, except in a toilet receptacle provided for such purpose within the structure of a restroom, bathroom or other enclosure. (b) Anyone who, by reason of illness, infection, disease or other physical infirmity is unable to control his or her excretory functions shall be exempt from the provisions of subsection (a). Loss of control of excretory functions brought on by the voluntary ingestion of alcohol, drugs or other intoxicants, depressants or hallucinogens shall not be exempt from the provisions of subsection (a).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4894290; v9 updated 2025-11-18).
Full Breakdown
Adopted by Ordinance No. 91-3 in February 1991, section 11-4 pairs with the public-drinking ban in section 11-3 one line above it in Title 11, Chapter I, and the two are enforced together by the Costa Mesa Police Department, particularly downtown and along late-night bar and restaurant corridors where violations concentrate. The prohibition reaches two locations: private property exposed to public view, such as a front yard or a lot visible from the sidewalk, and any public street, sidewalk, alley, park, parkway, parking lot or other public place.
The only lawful place to relieve yourself under the section is inside a toilet receptacle within a restroom, bathroom or other enclosure; a parked car, an alley corner or a barrier does not qualify. Subsection (b) carves out a real medical defense: someone who cannot control excretory functions because of illness, infection, disease or another physical infirmity is exempt from prosecution. The code is explicit, however, that the same loss of control caused by voluntarily drinking alcohol or taking drugs, depressants or hallucinogens does not qualify for that exemption, closing off the most commonly attempted defense.
Because Chapter I sets no chapter-specific penalty, a violation defaults to the citywide scheme in section 1-33: officers can issue an infraction citation, up to $100 for a first offense, $200 for a second within a year, $500 for each additional offense, or file it as a misdemeanor punishable by up to a $1,000 fine, up to six months in jail, or both.
Violations & Fines
Most first-time citations under section 11-4 are written as infractions under the citywide schedule in section 1-33: up to $100 for a first offense, $200 for a second within a year, and $500 for each further offense. Because the code excludes an intoxication-based defense, officers can instead pursue a misdemeanor charge, carrying a fine of up to $1,000, up to six months in county jail, or both.
Frequently Asked Questions
Is public urination illegal in Costa Mesa even in an alley?
Can I be cited for going in my own front yard?
Does being drunk excuse a public urination citation?
Sources & Official References
Other rules in Costa Mesa
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