Hempstead, NY Public Conduct: Public Urination (2026)
Key Facts
- Citation
- Hempstead Code § 77-9
- Adopted
- April 25, 2017 (L.L. No. 31-2017)
- Max fine
- $250 per offense
- Max jail
- 15 days per offense
- Exception
- Using an available public restroom
- Enforced by
- Nassau County Police, Town Public Safety
Summary
Hempstead Code § 77-9 makes urinating or defecating in any public place, other than an available public restroom, a form of disorderly conduct townwide. The law applies outside the town's incorporated villages, which enforce their own codes. Violators face a fine up to $250, up to 15 days in jail, or both, with Town of Hempstead Public Safety and Nassau County Police handling enforcement.
Notwithstanding any language in this Code of the Town of Hempstead to the contrary...urinating and/or defecating at any public place, except through utilization of facilities in an available public restroom...shall be guilty of the violation of disorderly conduct. Each such act committed during the same occurrence or series of occurrences shall constitute a separate and distinct commission of an act of disorderly conduct. ... Any person or persons, association or corporation committing an offense against Subsection A of this section is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Section 77-9 sits in Chapter 77, Public Places, and was added April 25, 2017 by Local Law No. 31-2017 and amended June 5, 2018 by Local Law No. 51-2018. It folds urinating and defecating in public together with a long list of other disorderly acts: disobeying an officer's lawful order, using threatening or abusive language, throwing dangerous objects, fighting, and setting off fireworks in a Town facility. The urination and defecation clause carves out one exception: using an available public restroom. Because this is a Town Code provision, it governs the unincorporated areas and Town-controlled properties outside Hempstead's many incorporated villages, such as the Village of Hempstead, Freeport, Rockville Centre, Garden City, Lynbrook and Valley Stream, each of which enforces its own separate municipal code for conduct inside its own borders.
Enforcement inside the town's jurisdiction falls to Nassau County police officers, the Town of Hempstead Public Safety Department, and any other peace or law enforcement officer with authority in the area, as well as Town supervisory personnel identified under the section. Subsection A also states that each act committed during the same occurrence or series of occurrences counts as a separate and distinct disorderly conduct offense, so a person cited for urinating in public alongside another listed act, such as fighting or throwing an object, can face multiple counts arising from one encounter.
The section applies regardless of any other conflicting language elsewhere in the Town Code and stacks on top of, rather than replaces, any other applicable law a person may also be charged under.
Violations & Fines
A violation of § 77-9 is punishable by a fine of up to $250, imprisonment for up to 15 days, or both, for each offense. Because the section treats each act within a single occurrence or series of occurrences as a separate offense, a person who urinates in public while also committing another listed act, such as disobeying a police order, can be charged with multiple counts and stacked fines from one incident.
Frequently Asked Questions
Does this rule apply inside the Village of Hempstead?
What is the penalty for public urination in the Town of Hempstead?
Is there any exception to the ban?
Sources & Official References
Other rules in Hempstead
New York rules heatmap·Compare Hempstead to another location·View the New York public conduct overview
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