Public Urination is the second most frequently cited offense in New York City, behind only Open Container of Alcohol. Public Urination summonses can be cited under one of two provisions:
- Public Urination Health Code 153.09 or
- Public Urination Administrative Code 16-118 (6)
Public Urination under the Health Code (153.09) is treated as a misdemeanor by the criminal courts and should never be pled guilty to. Your choices include appearing in court alone or hiring an experience attorney to represent you. The goal is always to have the charge either dismissed on its own merits, dismissed via ACD (Adjournment in Contemplation of Dismissal) or reduced to a non-criminal violation that will not appear on a New York State CJS background check.
Public Urination under the Administrative Code (16-118(6)) is treated as a violation by the criminal courts and you should consult with a criminal defense attorney who is well-versed in handling these matters prior to entering a plea of guilty. Generally, you have ten (10) days to mail in a guilty plea together with payment of fifty ($50) dollars. If you fail to mail in your guilty plea, you have three options:
- Come to court on your court date and appear before the judge to have your case adjudicated; or
- Hire an attorney to come to court on your court date (in your absence) to represent you; or
- Do neither and have the judge issue a bench warrant for your arrest.