(a) No person shall urinate or defecate on any of the following:
(1) Any sidewalk, street, park, alley or yard that is publicly owned or that is open to the public for use;
(2) Any wall, floor, doorway, hall, stairway, passageway, or other area not specifically designed for use as a toilet facility of any building, facility, or structure that is publicly owned or that is open to the public for use;
(3) Any portion of any privately owned property, including buildings, facilities and/or structures, that is not held open to the public for use and is not specifically designed for use as a toilet facility.
(b) Affirmative Defenses.
(1) A person may not be found guilty of the offense of public urination/defecation if the person proves as an affirmative defense that the act of urination/defecation was due to a verified medical condition that rendered the act beyond the person's bodily control;
(2) A person may not be found guilty of the offense of public urination/defecation as defined in subsection (a)(3) hereof, if the person proves as an affirmative defense both of the following:
A. The person had the express consent of the owner of the property to use the property for the purposes of urinating/defecating; and
B. The person took reasonable precautions to be obscured from public view while urinating/defecating.
(c) Strict Liability. Strict liability is intended to be imposed for a violation of this section.
(d) Penalty. Except as otherwise provided in this division, any person who violates any provisions of this section shall be guilty of public urination/defecation, a minor misdemeanor. An offender who, within one year of the offense, previously has been convicted of or pleaded guilty to a violation of this section or any other substantially similar state statute or municipal ordinance, is guilty of public urination/defecation, a misdemeanor of the fourth degree.
(Ord. 13-2010. Passed 3-23-10.)