West Des Moines, IA Public Conduct: Public Urination (2026)
Key Facts
- Prohibited conduct
- Urinating/defecating on streets, sidewalks, alleys, public view
- Exception
- Private restrooms and designated public facilities
- Classification
- Simple misdemeanor
- Penalty basis
- Iowa Code § 903.1, adopted by reference
- Enforcing agency
- West Des Moines Police Department
- Related section
- § 5-2-22 bars same conduct on common carriers
Summary
In the City of West Des Moines, urinating or defecating in a street, alley, sidewalk, or any other place open to public view or use is unlawful, unless done in a private restroom or a public facility designated for that purpose. A violation is a simple misdemeanor.
A violation of any of the provisions of this chapter is a simple misdemeanor and shall be punished as provided in Iowa Code (2026) section 903.1, maximum sentence for misdemeanants, which is adopted by reference. ... It shall be unlawful for any person to urinate or defecate in or upon any street, alley, sidewalk, or other place open to the public view or public use, provided that this shall not apply to private restrooms or public facilities designated for such purpose.
Full Breakdown
West Des Moines City Code section 5-2-19 makes it unlawful for any person to urinate or defecate in or upon any street, alley, sidewalk, or other place open to the public view or public use. The prohibition carries a built-in exception for private restrooms and public facilities designated for that purpose, so a person using a portable toilet at a permitted event or a public restroom in a park is not in violation. The provision sits within Title 5, Chapter 2 of the code, the general criminal code chapter that adopts many offenses by reference to the Iowa Code, but section 5-2-19 itself is a locally drafted, standalone city ordinance rather than an adoption of a state statute.
A companion provision in the same chapter, section 5-2-22, separately bars spitting, urinating, or defecating on any part of a common carrier vehicle such as a city bus. Under the chapter's general penalty clause, section 5-2-1, a violation of any provision of Chapter 2, including section 5-2-19, is a simple misdemeanor punished under Iowa Code section 903.1, the state's maximum sentence provision for misdemeanants, which the city adopts by reference rather than setting its own fine schedule. Enforcement falls to West Des Moines police officers, who may issue a citation for conduct they witness or that is reported to them in a public place within the city limits.
Violations & Fines
A violation of section 5-2-19 is a simple misdemeanor under the chapter's general penalty provision, section 5-2-1, punishable as provided by Iowa Code section 903.1's maximum sentence for misdemeanants, which the city ordinance adopts by reference rather than setting a separate municipal fine.
Frequently Asked Questions
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Sources & Official References
Other rules in West Des Moines
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