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Public Urination code 153.09, same as 16-118 6?

Flushing, NY |

I received a summons last night for public urination. On the back of the summons it says that you can plead guilty by mail and send a check for 50$, but on the back of the summons the Code for public urination states 16-118 6, but written by the officer was 153.09 as the violation of section. Is this the same? Can i still just plead guilty and send in a check for 50$ and that's it?

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Attorney answers 3

Best Answer

I have handled many of these summons for avvo users. Its a misdemeanor under the City Charter and you don't want to just plead guilty. The outcome will depend on what court you have to report to. If you were in Manhattan, its either 346 Broadway or Midtown Community Court on West 54th Street. I am always able to negotiate something favorable (more so at Midtown Community Court) and the client does not have to appear in court. I am a former federal and State prosecutor and now handle criminal defense. Please feel free to check out my web site and contact me if you wish to retain counsel.


While I don't know if the two statutes are the same, if you can pay $50. and its all over, that would be my choice.

Good luck and next time, you know what to do.


Urinating in Public as charged under NYC Health Code Section 153.09 is a misdemeanor offense. Typically, the court at 346 Broadway will allow you to plead the case down to a violation under the Administrative Code (16-118) with a small fine, but my experience after years of practicing in that court, is that this is done in person, either with a retained or assigned attorney. Perhaps if the officer had charged you with only the Admin Code violation a plea by mail would be more appropriate, but I would not recommend it in this case where you're charged with a misdemeanor.

You may want to consult with an attorney, often the court will allow you to appear by attorney in lieu of your personal appearance.

Please feel free to contact me if you have any further questions.

Yours truly,

Tom Kenniff