Fountain, CO Public Conduct: Public Urination (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.
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
Fountain's ban on urination or defecation is a single, plainly worded prohibition: Section 9.16.030 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. It carries no separate definitions section of its own; 'public place' and 'public view' are read using their ordinary meaning as used throughout Chapter 9.16, Offenses Against Morals and Decency, which also covers prostitution under Section 9.16.010 and public indecency (lewd exposure or sexual conduct visible to others) under Section 9.16.020.
The chapter's footnote points to the state law it parallels, C.R.S. § 18-7-101 et seq., covering offenses relating to morals, though Fountain's own municipal offense is what a city police officer actually charges. Because Title 9 carries no chapter-specific penalty section for Chapter 9.16, a conviction is punished under the Title 9 penalty provision at Section 9.04.080, which in turn applies the Code's 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 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
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Sources & Official References
Other rules in Fountain
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Public Urination in Nearby Cities
How other cities in El Paso County handle public urination.