Pocatello, ID Public Conduct: Public Urination (2026)
Key Facts
- Governing section
- City Code § 8.14.040(H)(3)
- Penalty section
- § 8.14.110(A), via § 1.04.040
- Max fine
- $1,000
- Max jail term
- 6 months, county jail
- Continuing violation
- Each day a separate offense
Summary
City Code Section 8.14.040(H)(3) lists defecation or urination upon streets, alleys, or public places, or in places visible from private residences or to passersby, as a prohibited nuisance in the City of Pocatello. A violation is enforced as a nuisance under Section 8.14.110, a misdemeanor punishable under the city's general penalty section.
The responsible party shall ensure that the following requirements are met: ... ... H. Other Nuisances: ... ... 3. Public Defecation Or Urination: Defecation or urination upon the streets, alleys, public places or other places that may be seen from private residences or by any person passing on public thoroughfares. ... ... A. Any responsible party who violates the provisions of this chapter by creating or maintaining or allowing to be created or maintained any "nuisance" as described herein, shall be guilty of an misdemeanor and, upon conviction thereof, shall be punishable as provided in section 1.04.040 of this code.
Full Breakdown
Section 8.14.040 is the city's land and outdoor-area maintenance chapter, and its opening line requires every responsible party to ensure the listed requirements are met; subsection (H), Other Nuisances, groups several public-facing nuisance conditions together, including illegal burning, noise (cross-referenced to Section 9.16.100), unprotected openings like open trapdoors, and, at paragraph (H)(3), public defecation or urination on streets, alleys, public places, or other spots visible from private residences or to anyone passing on a public thoroughfare. Because the provision sits in the property-maintenance nuisance chapter rather than a stand-alone public-decency statute, it is enforced the same way as the rest of Section 8.14.040's outdoor-nuisance list: through code enforcement's inspection and notice process under Sections 8.14.080 and 8.14.100, culminating in penalties under Section 8.14.110.
That section makes any responsible party who creates or maintains a Section 8.14.040 nuisance guilty of a misdemeanor punishable as provided in Section 1.04.040, and specifies that each day the violation continues is a separate offense, allowing penalties to run even while the city is separately working to abate the underlying condition. Section 1.04.040(B) sets the general misdemeanor penalty citywide at a fine not to exceed $1,000, up to six months in the county jail, or both. Section 8.14.120 also preserves the city's ability to pursue civil abatement remedies, including attorney fees and costs, in addition to or alongside any criminal misdemeanor case.
Violations & Fines
A Section 8.14.040(H)(3) violation is a misdemeanor under Section 8.14.110(A), punishable per Section 1.04.040(B) by a fine up to $1,000, up to six months in the county jail, or both, with each day of continuing violation treated as a separate offense under Section 8.14.110(B). The city may pursue civil abatement and recover attorney fees and costs under Section 8.14.120 in addition to criminal charges.
Frequently Asked Questions
Is public urination illegal in Pocatello?
What is the penalty for public urination in Pocatello?
Can the city also sue over the condition instead of criminal charges?
Sources & Official References
Other rules in Pocatello
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