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Federal Way, WA Public Conduct: Public Urination (2026)

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

Key Facts

Citation
FWRC 6.45.090
Chapter
Public Morals (FWRC 6.45)
Classification
Misdemeanor
Penalty
Up to $1,000 fine, 90 days jail (FWRC 1.10.010)
Standard
Applies if act 'could be observed,' no witness required
Origin
Ordinance No. 91-89, adopted March 5, 1991

Summary

Federal Way makes it a misdemeanor to intentionally urinate or defecate in public under FWRC 6.45.090. The Public Morals chapter bars the act anywhere other than a washroom or toilet room, and it applies even without an actual witness, so long as the location and circumstances mean the act could be observed by the public.

6.45.090 Urinating in public. (1) A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. (2) Urinating in public is a misdemeanor.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 26-1049, passed August 11, 2026).

Full Breakdown

45), defines the offense two ways: intentionally urinating or defecating anywhere that is not a washroom or toilet room, or doing so at a place and under circumstances where the act could be observed by any member of the public. The 'could be observed' language makes this an objective test: the city does not have to prove a witness actually saw the act, only that the location and circumstances put it in public view. Subsection (2) classifies urinating in public as a misdemeanor. 010(3) treats each day a violation occurs as a separate offense.

The section carries a cross-reference to the streets-and-sidewalks provisions in FWRC Title 4, Division II, tying it to the city's broader right-of-way rules. The ordinance traces to Ordinance No. 91-89, adopted March 5, 1991, and was carried into the 2001 recodification as former Section 6-244; it sits alongside neighboring Public Morals sections on prostitution, patronizing a prostitute, and obscenity.

Violations & Fines

A citation for urinating in public in Federal Way is a misdemeanor charge under FWRC 6.45.090(2), prosecuted like any other Code misdemeanor. Because the section names no separate punishment, FWRC 1.10.010's general penalty applies: up to a $1,000 fine, up to 90 days in jail, or both. There is no warning requirement built into 6.45.090 itself, unlike the pedestrian-interference section in the same title.

Frequently Asked Questions

Does someone have to actually see me for it to count as public urination?
No. FWRC 6.45.090(1) bars urinating or defecating 'at a place and under circumstances where such act could be observed by any member of the public,' so the location and circumstances matter, not whether a witness actually saw it.
What's the penalty for public urination in Federal Way?
Urinating in public is a misdemeanor under FWRC 6.45.090(2). Since that section sets no separate fine, the city's general penalty clause, FWRC 1.10.010, applies: up to $1,000, up to 90 days in jail, or both.
Is using a portable toilet or restroom an exception?
Yes. FWRC 6.45.090(1) only reaches acts committed somewhere other than a washroom or toilet room, so using an actual restroom, including a portable one, falls outside the ordinance entirely.

Sources & Official References

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