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San Jose, CA Public Conduct: Public Urination (2026)

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

Key Facts

Governing section
SJMC § 10.12.110
Chapter
10.12, Offenses Against Public Decency
Exception
Enclosed bathroom, restroom or commode
Origin
Ordinance 23288

Summary

San Jose bans urinating or defecating in public anywhere outside an enclosed bathroom, restroom or similar structure, under Municipal Code Chapter 10.12's public decency provisions.

No person shall urinate or defecate in public except when using a urinal, toilet or commode located in a bathroom, restroom or other structure enclosed from public view.

Source: San Jose Municipal CodeView 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 5 Update 3).

Full Breakdown

San Jose Municipal Code § 10.12.110 makes it unlawful to urinate or defecate in public except in a urinal, toilet or commode inside a bathroom, restroom or other structure enclosed from public view. The section sits in Chapter 10.12, "Offenses Against Public Decency," alongside the city's nude-display and indecent-exposure rules, and traces to Ordinance 23288. There's no permit or warning tier described in the text -- the ban is a flat prohibition tied to the enclosed-structure exception.

Violations & Fines

A citation is an infraction or misdemeanor enforceable by San Jose police under the general public-decency chapter; each act of public urination or defecation outside an enclosed restroom is a separate violation of § 10.12.110.

Frequently Asked Questions

Is public urination ever legal in San Jose?
Only inside a urinal, toilet or commode located in a bathroom, restroom or other structure enclosed from public view -- anywhere else it's prohibited under § 10.12.110.
What chapter covers this rule?
Chapter 10.12, Offenses Against Public Decency, which also covers nude displays and indecent exposure in public places.

Sources & Official References

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