I received a pink summons for public urination in NY. Can I contest in court the code does not apply to the charge?

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Last night, I received a pink summons for public urination, 153.09 of the administrative code. The code explicably does not include urination in its definition which leads me to assume the code most probably applies in it's description of "other filthy matter." I've been researching the "filthiness" of urine to find that it is actually quite clean and for the most part sterile. If I can prove that urine is not filthy, wouldn't that conclude the charge to be unreasonable and not applicable? Any thoughts?

Attorney Answers

2
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
It is Section 153.09 of the Health Code not the Administrative Code. it is an unclassified misdemeanor, although the cops sometime charge it as a violation under the administrative code but that would be under Section 16-118. This is one of the most frequently charged summonses in NYC at 346 Broadway. I have seen and handled many of these cases and I wouldnt advise you to try and use that argument to the judge. The legitimate defense to this crime relates to a medical necessity. Feel free to contact me to discuss this further if you would like.
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Jonathan Lefkowitz ·
The law was not created to be scientifically accurate but is based on what society deems acceptable. Urinating in public is general not acceptable so come up with a valid reason as the previous poster stated or pay the fine.
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