Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be guilty of a civil infraction, with the fine not to exceed one hundred dollars ($100.00) for a first offense. For a second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. 140, 10-4-2005)