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DeKalb County, GA Public Conduct: Public Urination (2026)

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

Key Facts

Covered locations
Streets, sidewalks, public buildings, public view
Code article
Ch. 16, Art. III, Offenses Against Public Peace
Adopted
Ordinance No. 90-21, effective July 24, 1990
Exceptions
None written into the ordinance text
Maximum penalty
$1,000 fine and/or 120 days jail
Jurisdiction
Unincorporated DeKalb County only

Summary

It is a straight misdemeanor in unincorporated DeKalb County to urinate or defecate on or near any street or sidewalk, in a public building's halls, elevators or stairways, or anywhere on property open to public view, with no exceptions written into the ordinance itself.

These county ordinances apply to unincorporated areas of DeKalb County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful for any person to defecate or urinate on or adjacent to any street or sidewalk, or in the halls, elevators, stairways, or any other area designated for public passage within any public or commercial buildings, or on any property open to public view.

Full Breakdown

Section 16-51 sits in Article III of Chapter 16, "Offenses Against Public Peace and Order," alongside other street-level nuisance offenses like throwing objects in public and disrupting lawful gatherings. The section itself is a single flat prohibition: it is unlawful to defecate or urinate on or adjacent to any street or sidewalk, in the halls, elevators, stairways or any other area designated for public passage within a public or commercial building, or on any property open to public view. The ordinance dates to Ordinance No.

90-21, adopted July 24, 1990, and has not been narrowed since; it does not carve out exceptions for medical necessity, and it applies regardless of whether the property is publicly or privately owned, so long as the act happens somewhere visible from public view or in a public passage area. Because the section is part of the general Code rather than a chapter with its own penalty schedule, enforcement runs through DeKalb County's general penalty provision, Section 1-10, which lets police or code compliance officers issue a citation returnable in Magistrate Court.

The prohibition is enforced countywide in the unincorporated area, meaning it covers county parks, county-maintained sidewalks and rights-of-way, and any commercial parking lot or storefront visible from the street, but it does not reach conduct inside cities such as Decatur, Dunwoody, Brookhaven, Tucker or Stonecrest, which prosecute equivalent conduct under their own municipal or state disorderly-conduct provisions instead.

Violations & Fines

A citation for violating Section 16-51 is prosecuted under the Code's general penalty, Section 1-10: up to a $1,000 fine, up to 120 days in the county jail, or both, when the citation is personally served on the accused, or up to a $500 fine when service is made by leaving a copy at the premises, mailing a copy to the address of record, and publishing notice as the court requires. A judge may probate any part of the fine or jail time imposed.

Frequently Asked Questions

Does this ban apply on private property in DeKalb County?
Yes, if the act is visible from public view. Section 16-51 reaches conduct "on any property open to public view," not just public streets and sidewalks, so urinating or defecating in a parking lot, yard or storefront area that passersby can see violates the section even though the property itself is privately owned.
What is the maximum penalty for public urination in DeKalb County?
Section 16-51 sets no penalty of its own, so the Code's general penalty in Section 1-10 controls: up to a $1,000 fine, up to 120 days in the county jail, or both, when the accused is personally served with a citation, with a lower $500 cap if service is made by posting and mail.
Is public urination handled differently in Decatur or Brookhaven?
Yes. Section 16-51 only governs unincorporated DeKalb County. Decatur, Dunwoody, Brookhaven, Tucker, Stonecrest and DeKalb's other cities enforce their own municipal disorderly-conduct or public-nuisance ordinances for the same conduct inside their city limits, so the penalty and process can differ from the county's.

Sources & Official References

Other rules in DeKalb County

All DeKalb County rules

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