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Hempstead, NY Public Conduct: Public Urination (2026)

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

View official code

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?
No. Section 77-9 is Town of Hempstead Code and only governs the unincorporated area and Town property outside the town's incorporated villages. The Village of Hempstead, along with Freeport, Rockville Centre, Garden City and the town's other villages, is a separate government that enforces its own municipal code for public conduct within its own borders.
What is the penalty for public urination in the Town of Hempstead?
A fine of up to $250, imprisonment for up to 15 days, or both, for each offense under § 77-9. Multiple acts committed during the same incident, such as urinating in public and disobeying a police officer's order, are each charged as a separate and distinct offense.
Is there any exception to the ban?
Yes. Section 77-9 exempts use of facilities in an available public restroom. The prohibition targets urinating or defecating anywhere else in a public place within the town's jurisdiction, and officers with jurisdiction in the area may issue a citation on the spot.

Sources & Official References

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