sec.7Urinating in a public place

### sec.7 Urinating in a public place A person must not urinate in a public place, other than by using a toilet. Maximum penalty— if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or otherwise—2 penalty units. In a proceeding for an offence against subsection (1) , evidence that liquid was seen to be discharged from the vicinity of a person’s pelvic area is enough evidence that the person was urinating. Before a police officer takes enforcement action for an offence against subsection (1) , the officer must consider whether, in all the circumstances, it is more appropriate to take no action. Without limiting subsection (3) , the police officer must have regard to the following circumstances— whether any vulnerability, or special health needs, of the person contributed to the person committing the offence; whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone. In this section— enforcement action , in relation to an offence against subsection (1) , means— starting a proceeding for the offence; or serving an infringement notice for the offence. s 7 sub 2008 No. 65 s 4 amd 2014 No. 42 s 125 ; 2023 No. 21 s 63 (sec.7-ssec.1) A person must not urinate in a public place, other than by using a toilet. Maximum penalty— if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or otherwise—2 penalty units. (sec.7-ssec.2) In a proceeding for an offence against subsection (1) , evidence that liquid was seen to be discharged from the vicinity of a person’s pelvic area is enough evidence that the person was urinating. (sec.7-ssec.3) Before a police officer takes enforcement action for an offence against subsection (1) , the officer must consider whether, in all the circumstances, it is more appropriate to take no action. (sec.7-ssec.4) Without limiting subsection (3) , the police officer must have regard to the following circumstances— whether any vulnerability, or special health needs, of the person contributed to the person committing the offence; whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone. (sec.7-ssec.5) In this section— enforcement action , in relation to an offence against subsection (1) , means— starting a proceeding for the offence; or serving an infringement notice for the offence. - (a) if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or - (b) otherwise—2 penalty units. - (a) whether any vulnerability, or special health needs, of the person contributed to the person committing the offence; - (b) whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone. - (a) starting a proceeding for the offence; or - (b) serving an infringement notice for the offence.