§ 20-123. Public urination/defecation prohibited; exceptions.  


Latest version.
  • (a)

    Definitions. As used in this section, the following terms shall have the following meanings ascribed to them:

    Commercial district means all other places not included in the definition of residential district below.

    Dump means to dump, throw, discard, place, deposit, discharge, spill, leak, or dispose of.

    Persons with impairments, within the meaning of this chapter, does not include intoxicated individuals or individuals who are impaired due to the taking of illegal substances or substances not legally prescribed to them.

    Public place includes, but is not limited to, any street or highway, alley, parking lot, driveway, sidewalk, boulevard, park, beach, wharf, pier, or other place open to the public view. A public place does not include an enclosure designated for use as a toilet or lavatory.

    Residential district has the meaning ascribed for it in chapter 16.

    (b)

    Certain acts prohibited. It is unlawful for any person to do any of the following acts:

    (1)

    Urinate or defecate on any public place within the City, or within any residential district without the express permission of the owner where such permissive urination or defecation does not create a public nuisance or otherwise violate any section of the Code, or within any commercial district unless such urinating or defecating is made into a receptacle that has been provided for that purpose, that stores or disposes of the wastes in a sanitary manner and that is enclosed from the view of the general public.

    (2)

    Dump, unload or otherwise dispose of any urine or feces, in or on any public place within the City, or within any residential district without the express permission of the owner, or within any commercial district other than in areas designated for such purpose.

    (c)

    Exceptions. Subsection (b) of this section shall not apply to children under 11 years old, or to persons with impairments who lack the physical or mental ability to control their bodily functions; except that such a person's parent, guardian, or custodian is responsible for cleaning up any waste expelled by the child or person with impairments. Failure of the parent, guardian, or custodian of the minor child or person with impairments to clean up and dispose of solid waste in a sanitary manner shall be a violation of subsection (b) of this section.

(Code 1992, § 20-123; Ord. No. 508-G, § 1, 11-1-2001)