1. URINATING IN PUBLIC IN NEW YORK CITY
Public Urination or Urinating in Public is a commonly charged offense in NYC. Typical clients
are law-abiding individuals who have never had more than a parking ticket. If the public
urination charge occurs in Manhattan, the police usually will issue a summons for a Court
appearance at either 346 Broadway or 314 West 54th Street. Tickets issues in Midtown usually
go to 314 West 54th Street while the others go to 346 Broadway. I am a New York Lawyer who
handles plenty of NYC public urination cases. The behavior leading to one charge or the other
is the same--urinating in public--but the legal difference between the two provisions is
significant.
Public Urination NYC
The ticket (summons) will say either "public urination" or urinating in public" and the police
usually write it up either as a violation of 153.09 of the Health Code, or under 116-18(6) of the
New York City Administrative Code. Although it can also be written up as a violation of the NYC
transit rules or the NYC park rules and regulations. As a NY Lawyer, I have handled hundreds of
NYC Public Urination charges and it seems that the decision by the NYPD to choose between
writing it up under 153.09 or 116-18 is an arbitrary one. My guess is that particular officers are
familiar with one or the other statute and just right it up under the one they know, perhaps not
realizing that one is a misdemeanor while the other is a violation.
Public Urination NYC
When charged under the Health Code 153.09, public urination is a Misdemeanor, which is a
CRIME under New York Law. A person convicted of public urination under this provision would
have a permanent criminal conviction on their record. When written up under the New York
Administrative code, 16-118 urinating in public, even though it involves exactly the same
conduct as 153.09,is just a violation. Violations under new York Law are not crimes. But
whether the public urination charge is written under 153.09 or 116-18, dismissal is always the
best alternative and there are circumstances that can be brought to the Court's attention at
the time of arraignment on the charge which might convince the Judge to dismiss the charge
outright or to offer an ACD. Talk to your New York lawyer about it.
