A. For purposes of this section:
APPROPRIATE SANITARY FACILITY: A urinal, toilet, commode or other facility that accommodates or is designed for the sanitary disposal of human bodily fluids or waste and that is enclosed from public view.
PUBLIC PLACE: Any walkway, street, highway, sidewalk, bridge, alley or alleyway, plaza, park, driveway, transportation facility, park, recreational area, parking lot, vacant or undeveloped lot or the stairwells, alcoves, doorways and entranceways to such places.
VERIFIED MEDICAL CONDITION: Does not include alcoholism or the excessive consumption of alcohol.
B. Any person who urinates or defecates in, on or about any of the following places, other than in an appropriate sanitary facility, is guilty of a misdemeanor:
1. Any public place;
2. Any private property into or upon which the public is admitted by easement or license; or
3. Any private property without the consent of the owner.
C. It is an affirmative defense to an offense described in subsection B of this section that such person then suffered from a verified medical condition which necessitated or caused such action.
D. It is unlawful for any person who has urinated or defecated in, on or about any public place, other than in an appropriate sanitary facility, to fail to clean or remove the material deposited, or to fail to dispose of the material used in the cleaning or removal process in a container designed for such disposal. Such action must be taken immediately or as is otherwise immediately practicable under the attendant circumstances. (Ord. 692, 1-14-2016)