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Irvington, NJ Public Conduct: Public Urination (2026)

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

Key Facts

Governing section
§ 439-38, Public urination unlawful
Adopted
1-11-2000 by Ord. No. MC 3139
Covered locations
Streets, sidewalks, alleyways, public view
Related section
§ 439-36D also bars it on private lawns
Max fine
$2,000 (§ 1-17 default)
Max jail term
90 days

Summary

Township Code Section 439-38 makes it unlawful to urinate in public anywhere in Irvington: on streets, sidewalks, alleyways, or any other spot where the passing public can see you, a stand-alone article the Township Council adopted in 2000.

It shall be unlawful for any person to engage in the act of public urination upon the streets, sidewalks, alleyways or any other place where they may be observed by the general passing public in the Township of Irvington.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).

Full Breakdown

Article III of Chapter 439, Public Urination, was adopted 1-11-2000 by Ordinance No. MC 3139 as its own freestanding article, carried over from Article VIII of Chapter 139 in the 1981 Revised Code, rather than folded into the general 'Unlawful acts' list in Article II. Its single operative section, Section 439-38, states that it shall be unlawful for any person to engage in the act of public urination upon the streets, sidewalks, alleyways or any other place where they may be observed by the general passing public in the Township of Irvington.

The section reaches conduct visible to the public rather than urination on any particular type of surface, so a person out of sight is not automatically covered, while one in view from a sidewalk or street is. A parallel prohibition sits in Article II's general nuisance list at Section 439-36D, which separately bars urinating or defecating in public places or streets, or on the lawns or yards of private homes and residences, or in the public view, extending the ban onto private lawns as well.

Neither Section 439-38 nor Section 439-36D appears in the Article I fine schedule at Section 439-35, which covers only Sections 439-18, 439-19 and 439-28, so both default to the Township's general penalty provision.

Violations & Fines

Section 439-39 sends a Section 439-38 conviction to the Township's general penalty at Chapter 1, Article III: a fine of up to $2,000, imprisonment for up to 90 days, or both, with an optional community-service condition and each continuing day of violation treated as a separate offense.

Frequently Asked Questions

Is public urination illegal in Irvington?
Yes. Section 439-38 makes it unlawful to urinate on the streets, sidewalks, alleyways, or anywhere else the general passing public can observe you, a stand-alone article the Township Council adopted in 2000 under Ordinance No. MC 3139.
Does the ban cover private property too?
A separate provision does. Section 439-36D, in the chapter's general nuisance list, bars urinating or defecating in public places or streets, on the lawns or yards of private homes, or in public view, extending the prohibition beyond the streets covered in Section 439-38.
What is the penalty for public urination?
Section 439-39 sends a conviction to the Township's default penalty: a fine of up to $2,000, up to 90 days in jail, or both, plus an optional community-service condition, with each day a violation continues counted as a separate offense.
Does it matter if no one actually saw me?
Section 439-38 turns on whether the location is one where the general passing public may observe the act, such as streets, sidewalks and alleyways, rather than requiring the Township to prove that a specific person actually witnessed it happen at that moment.

Sources & Official References

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