Topeka, KS Public Conduct: Public Urination (2026)
Key Facts
- Governing section
- TMC § 9.45.130
- Fine range
- $1.00-$499.00
- Jail exposure
- Up to 179 days
- Covered locations
- Streets, alleys, sidewalks, public buildings
- Penalty source
- TMC § 1.10.070 (general penalty)
Summary
Topeka bars urinating, defecating or expectorating on any public street, alley, sidewalk or public-building floor, and any other place the public can enter that wasn't built for the act. TMC § 9.45.130 covers the whole city in Shawnee County; violators face the Title 9 general misdemeanor penalty of up to $499 and 179 days in jail.
9.45.130 Expectorating, urinating, defecating. It shall be unlawful for any person to expectorate, urinate or defecate on any public street, alley, sidewalk or floor of any public building, or any other place not intended or designated for such purpose where the public gathers or has access. (Code 1981 § 15-69. Code 1995 § 54-134.)
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 20671, passed July 14, 2026).
Full Breakdown
Topeka Municipal Code § 9.45.130, part of Chapter 9.45 (Offenses against Public Peace and Order) in Title 9 (Public Peace, Morals and Welfare), makes it unlawful for any person to expectorate, urinate or defecate on any public street, alley, sidewalk or the floor of any public building, or any other place not intended or designated for that purpose where the public gathers or has access. The "any other place" clause reaches beyond streets and sidewalks to parks, parking lots, transit stops and similar locations open to the public, so long as the spot was not built or set aside for the act. The section traces to Code 1981 § 15-69 and was renumbered Code 1995 § 54-134 before its current TMC number; that earlier numbering is superseded and carries no independent legal weight today.
Chapter 9.05's general-provisions penalty clause, TMC § 9.05.020, declares any Title 9 violation an offense against the City's good order, public peace and welfare, and directs that a violator "shall be deemed guilty of a misdemeanor and punished as provided in TMC 1.10.070." That citywide default fixes the punishment for any code offense lacking its own penalty clause: a fine of not less than $1.00 or more than $499.00, imprisonment in the City jail for not more than 179 days, or both, and it treats each day a violation continues as a separate offense. Because § 9.45.130 prints no penalty of its own, the § 1.10.070 default controls every citation written under it.
Violations & Fines
A violation is a misdemeanor punishable under TMC § 1.10.070 by a fine between $1.00 and $499.00, up to 179 days in the City jail, or both. Because § 1.10.070(c) treats each day of a continuing violation as a separate offense, repeated conduct at the same location can be charged as multiple counts rather than one citation.
Frequently Asked Questions
Does the ban cover private property?
What is the maximum penalty?
Is spitting covered too?
Can each day count as a new charge?
Sources & Official References
Other rules in Topeka
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