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Rochester, MN Public Conduct: Public Urination (2026)

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

Key Facts

Covers
Streets, alleys, sidewalks, public building floors
Also covers
Any place observable by the public
Exception
A place designated as a restroom
Enforcement path
Administrative offense (§ 1-2-3(14))
Max misdemeanor penalty
$1,000 fine and/or 90 days jail
Adopted
Ordinance No. 4069, June 4, 2012

Summary

Rochester City Code § 8-7-5 makes it a misdemeanor to urinate or defecate on any public street, alley, sidewalk, or the floor of a public building, or anywhere else, public or private, where a member of the public could observe the act. The only exception is a place designated as a restroom. Police and other city officers can issue a citation on the spot.

Any person who urinates or defecates on any public street, alley, sidewalk or floor of any public building or of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a restroom, is guilty of a 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 8 Update 1).

Full Breakdown

Rochester City Code § 8-7-5 prohibits urinating or defecating in any of several public locations: a public street, alley, sidewalk, or the floor of any public building, and it extends further to any building where the public gathers or has access, and to any other place, public or private, where the act could be observed by a member of the public. The only carve-out is a location that has been designated as a restroom; using an actual restroom is not a violation. The section, adopted by Ordinance No.

031, does not require proof that anyone actually saw the act, only that it occurred somewhere a member of the public could have observed it, so an alley behind a bar at closing time or a parking ramp stairwell both qualify even if no one happens to be looking at that instant. The city lists public urination among its administrative offenses in § 1-2-3(14), which means officers do not have to pursue a straight criminal case. A police officer, community service officer, animal control officer, or another person authorized by the city administrator can instead issue an administrative citation under § 1-2-5, and the recipient has ten calendar days to pay the scheduled civil fine or request a hearing before an independent hearing officer under § 1-2-6.

Payment of the civil fine is treated as an admission of the violation. The city can also pursue the offense as a straight misdemeanor instead of, or in addition to, the administrative track, subject to the Code's general penalty in § 1-1-11(c).

Violations & Fines

A straight criminal prosecution for public urination is a misdemeanor, and under the Code's general penalty, § 1-1-11(c), that carries a fine up to $1,000.00, up to 90 days in jail, or both. Because § 1-2-3(14) also lists the offense as an administrative offense, the city more commonly issues an administrative citation and civil fine instead of pursuing jail time.

Frequently Asked Questions

Is public urination illegal in Rochester, Minnesota?
Yes. Section 8-7-5 makes it a misdemeanor to urinate or defecate on a public street, alley, sidewalk, public building floor, or anywhere else, public or private, where a member of the public could observe it.
Does it matter if no one actually sees me do it?
No. Section 8-7-5 only requires that the act occur somewhere it "could be observed by any member of the public," not that someone actually witnessed it happen.
What's the penalty for public urination in Rochester?
As a straight misdemeanor under § 1-1-11(c), it can carry a fine up to $1,000.00, up to 90 days in jail, or both, though § 1-2-3(14) lets the city instead issue a civil administrative citation.
Are there any exceptions to Rochester's public urination ban?
Yes, one: § 8-7-5 exempts a location that has been designated as a restroom. Using an actual restroom, public or otherwise, is not a violation of the section.

Sources & Official References

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