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Downey, CA Public Conduct: Public Urination (2026)

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

Key Facts

Governing section
Municipal Code Section 4115
Added
Ordinance 1380, adopted June 27, 2017
Default penalty
Misdemeanor: up to $1,000 fine, 6 months jail
Infraction alternative
$100 first offense, up to $500 repeat
Covers
Streets, parks, businesses, spots exposed to public view

Summary

Downey Municipal Code Section 4115 makes it unlawful and a public nuisance to urinate or defecate anywhere in the city outside a proper bathroom or restroom facility. The ban reaches public streets, parks and civic buildings, private businesses open to customers, and any private property where the act would be exposed to public view. Violators face a misdemeanor or a lesser infraction.

It shall be unlawful and a public nuisance for any person to urinate or defecate, or to cause urine or feces to be placed, deposited, thrown, or dumped, in any of the following locations, except within a urinal, toilet, or commode located in a bathroom, restroom, or other similar facility designed, constructed and approved for the purpose of urination and defecation: (a) Any publicly or privately owned highway, street, alley, sidewalk, parkway, avenue, plaza, civic center, park, library, playground, recreation area, public building, public parking lot or structure, or other publicly maintained facility or place; (b) Any private property into or upon which the public is admitted by easement or license, or is otherwise open to the public, including, but not limited to, restaurants, cafés, stores, and theaters; (c) Any public or private property without the consent of the owner, the owner's agent, or other person in lawful possession thereof; (d) Any public or private property where such person would be exposed to public view.

Full Breakdown

Section 4115, added by Ordinance 1380 on June 27, 2017, declares it "unlawful and a public nuisance" to urinate or defecate, or to cause urine or feces to be placed, deposited, thrown, or dumped, anywhere in Downey except inside a urinal, toilet, or commode in an approved bathroom or restroom. The prohibition sweeps in four categories of location. First, any public or privately owned street, alley, sidewalk, parkway, plaza, civic center, park, library, playground, recreation area, public building, or parking lot or structure. Second, any private property the public is admitted to by easement, license, or general invitation, naming restaurants, cafes, stores, and theaters as examples.

Third, any public or private property entered without the consent of the owner, agent, or other person in lawful possession. Fourth, any public or private property where the person would be exposed to public view, a catch-all that reaches backyards and parking lots alike once anyone can see in. Because Section 4115 sits in the general offenses article rather than the Vehicle Code, Downey Police and code enforcement officers cite it under the city's general penalty scheme, Section 1200. A violation defaults to a misdemeanor unless the prosecuting attorney charges it as an infraction or an enforcement officer issues an administrative citation.

Infraction fines escalate: not more than $100 for a first offense, $200 for a second within a year, and $500 for each further offense within that year. Nothing in the section requires a warning before an officer cites a first observed violation.

Violations & Fines

A first offense is typically filed as an infraction carrying a fine up to $100, rising to $200 for a repeat violation within a year and $500 for each subsequent offense in that period. Prosecutors retain discretion to charge the conduct as a misdemeanor instead, exposing violators to a fine up to $1,000, up to six months in jail, or both, under Municipal Code Section 1200.

Frequently Asked Questions

Is public urination a crime in Downey?
Yes. Municipal Code Section 4115 makes it unlawful and a public nuisance to urinate or defecate anywhere in the city outside an approved restroom, and prosecutors can file it as a misdemeanor punishable by up to a $1,000 fine and six months in jail, or file it as a lesser infraction with escalating fines.
Does the ban apply on private property?
Yes, in two situations: private property the public is admitted to, such as restaurants, stores, or theaters, and any property, public or private, where the person would be exposed to public view, even if it is otherwise a private yard or lot.
What is the fine for a first offense?
Most first-time cases are charged as infractions capped at $100 under Section 1200. A second violation within a year rises to $200, and each further violation in that same year can reach $500. Prosecutors may instead file the conduct as a misdemeanor with steeper penalties.

Sources & Official References

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