(a) Definitions. As used in this Section, the following words shall have the following meanings:
Public Place. Any City property and any other property that is generally visible to the public, including, but not limited to, streets, sidewalks, bridges, alleys, plazas, parks, recreational areas, tunnels, driveways, parking lots, automobiles (whether moving or not), as well as any public or private building or facility that is open to the public, including, but not limited to, those that serve food or drink or provide entertainment to the public, and the doorways and entrances to such buildings and facilities and the grounds enclosing them.
Sanitary Facility. A urinal, toilet, commode or other temporary or permanent structure that accommodates or is designed for the sanitary disposal of human bodily fluids and/or waste and that is enclosed from public view.
Person. Any human being over seven (7) years old.
(b) It shall be unlawful for any Person, at any time, to urinate and/or defecate in or on any Public Place located within the City’s corporate boundaries, except for in a Sanitary Facility.
(c) It shall be an affirmative defense to the offense described in Subsection (b) of this Section that the Person then suffered from a verified medical condition that necessitated or caused such action, except that such verified medical condition shall not include alcoholism or the excessive consumption of alcohol.
(d) Any Person who violates this Section shall be guilty of an ordinance violation punishable by a fine of $250 for the first offense and a fine of $2500 for each subsequent offense.
(Ord. D-2561-20, § 2, 12-7-20)