Skip to main content
CityRuleLookup

Fayetteville, NC Public Conduct: Public Urination (2026)

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

Key Facts

Governing section
Code of Ordinances § 17-5
Classification
Misdemeanor
Origin
Code 1961, § 21-21.1
Related nuisance-party penalty
$100 first, $300 repeat
Nuisance-party criminal cap
20 days and/or $500

Summary

Willfully urinating or defecating in a public place, street, sidewalk, alley, or outside area open to public view, in the presence of another person, is a misdemeanor under Fayetteville's code. The same conduct also triggers civil and criminal nuisance-party penalties when it occurs at a gathering.

Sec. 17-5. Public Urination or Defecation. Any person who shall willfully urinate or defecate in or upon any public place, street, sidewalk, alley, or outside area, open to public view and at the same time in the presence of any other person, shall be guilty of a misdemeanor. (Code 1961, § 21-21.1)

Full Breakdown

Section 17-5 of the Fayetteville Code of Ordinances makes it a misdemeanor for any person to willfully urinate or defecate in or upon any public place, street, sidewalk, alley, or outside area that is open to public view, when done in the presence of any other person. 1, and requires both a public, visible location and the presence of another person for the act to be chargeable, distinguishing it from purely private conduct. The city's nuisance-party ordinance, Section 17-35, separately lists public urination or defecation as one of the conditions that can render a social gathering a 'nuisance party,' exposing the host or person with possessory control of the premises to civil penalties starting at $100 for a first violation and $300 for repeat violations within 12 months, or criminal misdemeanor prosecution, in addition to the direct misdemeanor charge under Section 17-5 against the individual who commits the act.

Enforcement of Section 17-5 itself rests on the general misdemeanor classification in the code rather than a separate civil-citation schedule, meaning police may charge the offense directly without a prior warning requirement, unlike the loitering ordinance's mandatory dispersal order.

Violations & Fines

A person who willfully urinates or defecates in public view in the presence of another is guilty of a misdemeanor under Section 17-5. Where the act occurs at a social gathering that becomes a 'nuisance party' under Section 17-35, the host or person with possessory control faces an additional civil penalty of $100 for a first offense and $300 for each subsequent offense within 12 months, or criminal prosecution punishable by up to 20 days imprisonment and a fine up to $500, with each continuing day a separate violation.

Frequently Asked Questions

Is public urination always a crime in Fayetteville even if no one sees it?
No. Section 17-5 requires the act to occur in a public place, street, sidewalk, alley, or outside area open to public view and, at the same time, in the presence of another person. Both conditions, visibility of the location and presence of a witness, must be met for the misdemeanor to apply.
Can a host be fined if a guest urinates in public during a party?
Yes, if the gathering rises to a 'nuisance party' under Section 17-35, which lists public urination or defecation among the conditions triggering host liability. The host or person with possessory control of the premises can face a $100 civil penalty for a first violation, $300 for repeats within 12 months, or criminal prosecution.
What penalty does the person who urinates in public actually face?
Section 17-5 classifies the act as a misdemeanor without specifying a separate fine schedule of its own, so the general misdemeanor penalties in state law apply upon conviction, distinct from the nuisance-party civil citation process that targets the host of a gathering.

Sources & Official References

Other rules in Fayetteville

All Fayetteville rules

Compare Fayetteville to another location·View the North Carolina public conduct overview

Get notified when Public Urination in Fayetteville, NC changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.