Public urination or defecation prohibited; exceptions; penalties

(a)

Purpose. Public urination and/or defecation is found to be a public nuisance and detrimental to the health, safety, and welfare of the city and its inhabitants. It is the intent of this section to protect and preserve the health, safety, and welfare of the citizens of the city by prohibiting urination and/or defecation by any person in any public place as defined herein.

(b)

Definitions. For purposes of this section, the following words shall be defined as provided herein:

Defecate or defecation, as used in this section, means to excrete waste from the body from a person's bowels.

Persons with impairments means a disability, unrelated to the ingestion of alcohol, illegal substances, or substances not prescribed to the particular person ingesting them, which renders a person unable to control his or her bodily functions of urination and/or defecation.

Public place means any street, highway, right-of-way, alley, parking lot, driveway, sidewalk, boulevard, park, beach, wharf, pier, bridge, or other place, whether public or private, which is open to the public. As used in this section, "public place" does not include a place designated for use as a urinal or a toilet such as, but not limited to, a restroom or portable toilet.

Urinate or urination, as used in this section, means to pass or discharge urine excreted by the kidneys from the body.

(c)

Prohibited acts. It is unlawful for any person:

(1)

To urinate in any public place that has not been designated for use as a urinal or toilet.

(2)

To defecate in any public place that has not been designated for use as a toilet.

(3)

Exceptions. Subsections (c)(1) and (c)(2) shall not apply to children under five years old or to persons with impairments as defined in this section.

(d)

Penalty. Any person violating any of the provisions of this section shall be subject to the penalty as provided in section 1-13 of the City Code.

(Ord. No. 13495, § 2, 2-12-15)