Elko County, NV Public Conduct: Public Urination (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.
(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?
Does the person have to be seen to be cited?
What is the penalty in unincorporated Elko County?
Does the county rule apply in the City of Elko?
Sources & Official References
Other rules in Elko County
Compare Elko County to another location·View the Nevada public conduct overview
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