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Tempe, AZ Public Conduct: Public Urination (2026)

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

Key Facts

Offense level
Petty offense, not a misdemeanor
Maximum fine
$300 per violation
Coverage
All public and private property citywide
Adopted
Ord. No. 92.39, July 30, 1992
Governing section
Tempe City Code § 22-13

Summary

Tempe City Code Sec. 22-13 bans urinating or defecating on any public or private property outside a toilet facility, citywide. It is charged as a petty offense capped at a $300 fine per violation, not a misdemeanor, and has been on the books since 1992.

(a)It shall be unlawful for any person to urinate or defecate in, or upon any public or private property except in toilet facilities provided therefor.(b)Any violation of this section shall be punishable as a petty offense, subject to a maximum penalty of three hundred dollars ($300.00) per violation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

Sec. ' The prohibition is not limited to parks, sidewalks or downtown; by its terms it covers all public and private property in the City, with the only carve-out being an actual toilet facility. 00) per violation,' well below the Class 1 misdemeanor tier that Tempe uses for offenses like obstructing public ways (Sec. 22-4) or hindering police (Sec. 22-6). The ordinance dates to Ord. No. 39, adopted July 30, 1992, and appears in Chapter 22 alongside the City's other general public-conduct offenses, including prostitution solicitation, discharge of air rifles and the public obstruction rule.

Because it is charged as a petty offense rather than a misdemeanor, a conviction does not carry the same collateral consequences (such as a criminal record classification) as the Class 1 misdemeanor provisions elsewhere in the same chapter, though it still results in a citation processed through Tempe Municipal Court. Tempe Police typically apply this section downtown, along Mill Avenue and near ASU's campus during high foot-traffic events, where enforcement pairs the $300 petty-offense citation with any separately charged open-container or disorderly-conduct violations.

Violations & Fines

Urinating or defecating outside a toilet facility on any public or private property in Tempe is a petty offense under Sec. 22-13(b), capped at a $300 fine per violation, cited through Tempe Municipal Court rather than prosecuted as a misdemeanor.

Frequently Asked Questions

Is public urination illegal everywhere in Tempe, not just downtown?
Yes. Sec. 22-13(a) bans it 'in, or upon any public or private property' anywhere in the City except in an actual toilet facility; it is not limited to parks or the entertainment district.
Is public urination a misdemeanor in Tempe?
No. Sec. 22-13(b) classifies it as a petty offense, capped at a $300 maximum fine per violation, which is a lighter charge than the Class 1 misdemeanors used for offenses like obstructing public ways.
How much is the fine for public urination in Tempe?
Up to $300 per violation under Sec. 22-13(b). The section sets that figure as the maximum penalty for the petty offense, and it has applied since the ordinance was adopted in 1992.

Sources & Official References

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