§ 17-8. Urinating or defecating.  


Latest version.
  • (a)

    Prohibitions and exceptions. It shall be unlawful for any person to urinate or defecate in, or in view of, a public place other than one set aside and designated for that particular purpose.

    (b)

    Public place defined. Any place where the conduct may reasonably be expected to be viewed or could be viewed by others is a public place.

    (c)

    Penalty for violation.

    (1)

    Urinating. The provisions of this section, for urinating in public, may be enforced by civil citation as provided in Chapter 2, Division 6 of this Code, or as otherwise provided in section 1-9 of this Code. Any person not in compliance with this section shall be subject to the penalties designated in section 1-9 or section 2-339. Each violation shall be considered a separate offense, which can be prosecuted separately.

    (2)

    Defecating. The provisions of this section, for defecating in public, shall be enforced as provided in section 1-9 of this Code.

    (d)

    Findings and intent.

    (1)

    It is the intent of this section to protect and preserve the health, safety, and welfare of the citizens of Gainesville by prohibiting urination and defecation in undesignated, public places as specified herein.

    (2)

    Urinating or defecating in an undesignated, public place, as prohibited by this section, presents a serious threat to the public health, safety, or welfare, contributing to such ill effects as vandalism, disease transmission, litter, trespassing, the destruction of public and private property, and other serious conditions. Further, the act of urinating or defecating in public as prohibited by this section is irreparable or irreversible.

    (3)

    A code enforcement officer shall not be required to provide a reasonable time period to correct a violation of this section prior to issuing a citation to a person that the code enforcement officer has reasonable cause to believe has violated this section.

(Ord. No. 020480, § 1, 11-12-02; Ord. No. 060275, § 1, 3-26-07)

Editor's note

Ord. No. 020480, § 1, adopted Nov. 12, 2002, created § 17-8 pertaining to urinating or defecating. Formerly § 17-8 pertained to drunkenness and was repealed by Ord. No. 950187, § 1, adopted June 26, 1995. The repealed provisions derived from Code 1960, § 18-11.