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Monterey, CA Public Conduct: Public Urination (2026)

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

Key Facts

Age threshold
Applies to anyone over age 10
Covered locations
Public places, public view, private property without consent
Default charge
Misdemeanor under § 1-1.06
Infraction fines
$100 first, $200 second, $500 third (1 yr)
Misdemeanor penalty
Up to $1,000 fine or 6 months jail
Enforcing agency
Monterey Police Department

Summary

Monterey City Code § 22-15 makes it a criminal offense for anyone over age ten to urinate or defecate in any public place, in view of the public, or on someone else's private property without consent. The Monterey Police Department enforces the ban citywide, including Cannery Row, Fisherman's Wharf and downtown, and a violation defaults to a misdemeanor under the code's general penalty section.

Sec. 22-15. Urinating and defecating in public prohibited. Prohibition of urination or defecation in public places, places open to public view, or on private property without consent of the owner. a.It is unlawful for any person over the age of ten (10) years to willfully and knowingly urinate or defecate in a public place other than a restroom or in a place open to public view, or upon the private property of another without consent of the owner.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).

Full Breakdown

Monterey City Code § 22-15, part of Chapter 22's Offenses/Nuisances article, prohibits any person age ten or older from willfully and knowingly urinating or defecating in a public place other than a restroom, in any place open to public view, or on the private property of another person without that owner's consent. The rule applies citywide, not just in the tourist corridor around Cannery Row, Fisherman's Wharf and the Recreation Trail, where enforcement pressure is highest given the volume of visitors and limited public restroom access after bars and restaurants close.

There is no carve-out in the text for medical necessity, homelessness, or nighttime hours; the prohibition applies at any time the conduct occurs somewhere the public can see it or on property the owner has not consented to. 06, which makes any code violation a misdemeanor unless the City Attorney elects to charge it as an infraction. A misdemeanor conviction can carry a fine of up to $1,000, up to six months in the Monterey County jail, or both. If charged as an infraction instead, fines are capped at $100 for a first offense, $200 for a second offense of the same section within a year, and $500 for a third or later offense within that same year.

Monterey Police Department officers are the enforcing authority, and a citation typically issues after direct observation or a citizen complaint, since the statute requires the act occur in public view or on another's property.

Violations & Fines

A first offense charged as an infraction carries a fine up to $100, rising to $200 for a second violation of § 22-15 within one year and $500 for a third or later violation in that period. If the City Attorney charges the conduct as a misdemeanor instead, under Monterey City Code § 1-1.06 the maximum penalty is a $1,000 fine, six months in county jail, or both.

Frequently Asked Questions

Is public urination illegal everywhere in Monterey, or just downtown?
The ban applies citywide under Monterey City Code § 22-15, not only in the tourist areas around Cannery Row and Fisherman's Wharf. It covers any public place, anywhere in public view, and any private property where the owner has not consented, regardless of neighborhood.
What happens on a first offense?
The City Attorney can charge it as an infraction, which caps the fine at $100 for a first violation, or as a misdemeanor under § 1-1.06, which allows up to a $1,000 fine, six months in county jail, or both, at the prosecutor's discretion.
Does the law apply to young children?
No. Section 22-15 exempts anyone age ten or younger from the prohibition. The statute applies only to a person 'over the age of ten (10) years' who willfully and knowingly urinates or defecates somewhere public or on another's property without consent.
Can I be cited for using a portable restroom at an event?
No. Section 22-15 only bans urinating or defecating outside of a restroom in public view or on someone else's property without consent; using a restroom, including a portable one provided at an event, is expressly outside the prohibition.

Sources & Official References

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