Fayetteville, NC Public Conduct: Public Urination (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?
Can a host be fined if a guest urinates in public during a party?
What penalty does the person who urinates in public actually face?
Sources & Official References
Other rules in Fayetteville
Compare Fayetteville to another location·View the North Carolina public conduct overview
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