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Fountain, CO Public Conduct: Public Urination (2026)

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

Key Facts

Governing section
Fountain Municipal Code § 9.16.030
Prohibited
Urinating or defecating outside a toilet facility
Location covered
Any public place or place within public view
Maximum penalty
$2,650.00 fine and/or 1 year jail
Adjudicated in
Fountain Municipal Court

Summary

Section 9.16.030 of the Fountain Municipal Code makes it unlawful to urinate or defecate in any public place or place within public view other than a toilet facility provided for that purpose. It sits in the chapter on offenses against morals and decency alongside public indecency and prostitution offenses, and it's enforced by Fountain police, not El Paso County.

It shall be unlawful for any person to urinate or defecate upon any public place or place within public view other than in a toilet facility provided for such purpose.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

030 states it is unlawful for any person to urinate or defecate upon any public place or place within public view other than in a toilet facility provided for such purpose. 020. , covering offenses relating to morals, though Fountain's own municipal offense is what a city police officer actually charges. 00, imprisonment in jail for up to one year, or both, with a separate offense for each day the conduct is repeated. There's no diversion or citation-only track written into this section, so enforcement runs through Fountain's municipal court like any other general offense.

Violations & Fines

A conviction under Section 9.16.030 is punished under the Code's general penalty, Section 1.12.010, by way of the Title 9 penalty clause in Section 9.04.080: a fine of up to $2,650.00, up to one year in jail, or both. The offense is charged and tried in Fountain Municipal Court, and, as with any Code violation, a defendant may request a jury of up to three, or up to six on request, under Section 1.12.040.

Frequently Asked Questions

Is public urination a criminal offense in Fountain?
Yes. Section 9.16.030 makes it unlawful to urinate or defecate in any public place or anywhere within public view, other than in a toilet facility provided for that purpose, and a conviction is prosecuted in Fountain Municipal Court like any other Code offense.
What's the maximum penalty for public urination in Fountain?
Chapter 9.16 has no penalty section of its own, so the offense is punished under the general penalty at Section 1.12.010: a fine of up to $2,650.00, imprisonment in jail for up to one year, or both, with each day of a continuing violation charged separately.
Does the public urination ban apply on private property?
It applies anywhere 'within public view,' not just on public land, so urinating or defecating on private property is still a violation if it can be seen from a street, sidewalk, or other public vantage point, per the plain text of Section 9.16.030.

Sources & Official References

Other rules in Fountain

All Fountain rules

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