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Portsmouth, VA Public Conduct: Public Urination (2026)

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

Key Facts

Prohibited locations
Public street, alley, sidewalk, park or gathering place
Exception
Facilities designed for the purpose (e.g., restrooms)
Penalty class
Class 4 misdemeanor
Maximum fine
$250, no jail time
Origin
Code 1973 § 21-89

Summary

It is unlawful in Portsmouth to urinate or defecate on any public street, alley, sidewalk, park or other public place the public gathers in or has access to, unless using facilities built for that purpose. Violating section 24-206 is a class 4 misdemeanor, the city's lowest tier, capped at a $250 fine with no jail exposure.

It shall be unlawful for any person to urinate or defecate on any public street, alley, sidewalk, park or other public place or area where the public gathers or has access, other than in facilities designed for such purpose. A violation of this section shall constitute a class 4 misdemeanor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

Section 24-206, part of Chapter 24's obscenity article, bars relieving oneself in public: it is unlawful for any person to urinate or defecate on any public street, alley, sidewalk, park or other public place or area where the public gathers or has access, other than in facilities designed for such purpose, such as a restroom. The ban applies citywide to any publicly accessible area rather than a single district, and it does not require proof of intent to offend, only that the act occurred somewhere the public gathers or has access.

A conviction is a class 4 misdemeanor under the general penalty schedule at section 1-11(a)(4), which caps the fine at $250 and carries no jail exposure, the lightest of the city's four misdemeanor classes; by comparison, a class 1 misdemeanor under the same schedule tops out at $2,500 and 12 months, class 2 at $1,000 and six months, and class 3 at $500. Section 24-206 traces to Code 1973, § 21-89, and was renumbered § 24-207 in the 1988 recodification before reaching its current section number.

Because section 1-11(c) caps any local ordinance penalty at whatever state law prescribes for a like offense, an officer citing section 24-206 cannot seek a harsher outcome than Virginia law allows for comparable public-decency conduct. Portsmouth police, rather than a separate code enforcement office, handle enforcement, typically by issuing a summons when the conduct is directly observed in a public area.

Violations & Fines

A conviction under section 24-206 is a class 4 misdemeanor, punishable under section 1-11(a)(4) by a fine of up to $250 and no jail time. There is no separate civil abatement track, since the offense is a discrete act rather than a continuing property condition, and each incident is charged on its own.

Frequently Asked Questions

Is public urination illegal in Portsmouth?
Yes. Section 24-206 makes it unlawful to urinate or defecate on any public street, alley, sidewalk, park or other public place or area the public gathers in or has access to, except in facilities designed for that purpose.
What is the penalty for public urination in Portsmouth?
It is a class 4 misdemeanor, the city's lowest criminal tier, punishable under section 1-11(a)(4) by a fine of up to $250 with no jail exposure, compared with up to $2,500 and a year in jail for a class 1 misdemeanor.
Are there any exceptions to Portsmouth's public urination law?
Yes. Section 24-206 exempts use of facilities designed for the purpose, such as a public or portable restroom, so a person using an actual restroom is not in violation even in a park or on a public street.

Sources & Official References

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