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Elko County, NV Public Conduct: Public Urination (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Section
Elko County Code § 7-1-28
Prohibited act
Intentionally urinating or defecating where the public could observe
Excepted places
A washroom or toilet room
Adopted
Ordinance 2023-05, June 7, 2023
General penalty
Fine up to $500, up to six months in jail (Title 1)
Enforcer
Elko County Sheriff's Office

Summary

In unincorporated Elko County, Nevada, it is unlawful to intentionally urinate or defecate in a public place, other than a washroom or toilet room, under circumstances where a member of the public could observe the act. The definition of public place reaches streets, parks, parking lots and private property in view of someone on public property.

These county ordinances apply to unincorporated areas of Elko County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) It is unlawful for any person to intentionally urinate or defecate in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public. (B) As used in this section, “public place” means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and buildings open to the general public, or private property in the view of any person on public property.

Full Breakdown

Section 7-1-28 of the Elko County Code was added by the Board of County Commissioners as Ordinance 2023-05 on June 7, 2023. Subsection (A) has three elements. The act must be intentional, it must occur in a public place other than a washroom or toilet room, and it must happen under circumstances where the act could be observed by any member of the public. The test is whether someone could observe it, so a person need not have been seen.

Subsection (B) defines public place as an area generally visible to public view and lists streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and buildings open to the general public. It also reaches private property in the view of any person on public property, so a back lot or private driveway visible from a road or sidewalk counts. Washrooms and toilet rooms are the only places carved out in subsection (A).

The section prints no penalty. Enforcement runs through the penalty provisions of Title 1, Chapter 4 and Title 7, Chapter 1. Section 1-4-3 treats a conviction for an act declared unlawful as a misdemeanor, and Section 7-1-26(B) lets a convicted person who agrees perform up to one hundred twenty hours of community work for the benefit of the community in place of all or part of the punishment. The Elko County Sheriff's Office enforces Title 7, the Police Regulations. The section applies in unincorporated Elko County, Nevada. The cities of Elko, Carlin, Wells and West Wendover have their own codes and their own public conduct rules.

Violations & Fines

Section 7-1-28 prints no penalty of its own. Title 1, Chapter 4 provides for a fine not to exceed $500 and confinement in the County jail of not more than six months for a conviction under any Code section, Section 1-4-3 treats the offense as a misdemeanor, and Section 7-1-26(A) sets six months in the County Jail or a fine not to exceed $1,000, or both, for misdemeanors described in Title 7, Chapter 1.

Frequently Asked Questions

What counts as a public place under the Elko County rule?
Section 7-1-28(B) lists streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and buildings open to the general public. It also covers private property in the view of any person on public property, so the definition follows visibility, not ownership.
Does the person have to be seen to be cited?
No. Section 7-1-28(A) applies where the act could be observed by any member of the public. The standard is whether observation was possible under the circumstances, and the act must also be intentional. Using a washroom or toilet room is outside the prohibition.
What is the penalty in unincorporated Elko County?
The section sets no number. A conviction falls under the Title 1, Chapter 4 general penalty of a fine not to exceed five hundred dollars and not more than six months in the County jail, and Section 1-4-3 treats it as a misdemeanor. Section 7-1-26 separately sets up to six months or $1,000.
Does the county rule apply in the City of Elko?
No. Section 7-1-28 is part of the Elko County Code and applies in unincorporated Elko County, Nevada. The cities of Elko, Carlin, Wells and West Wendover are incorporated and adopt their own ordinances, separate from anything the Board of County Commissioners enacts.

Sources & Official References

Other rules in Elko County

All Elko County rules

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