title
PROHIBITION OF CERTAIN ACTIVITIES IN PUBLIC PLACES (B)
ORDINANCE NO.: 0-02-64
An ordinance of the City of Gainesville, Florida, amending Article I., Section 17 of the Code of Ordinances by adding a new section titled Urinating or Defecating, proscribing urinating or defecating in, or in view of, a public place other than one set aside and designated for that particular purpose; defining public place; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
At its meeting on October 14, 2002, the City Commission authorized the City Attorney to prepare and the Clerk to advertise the above proposed ordinance.
Currently, law enforcement action against persons urinating or defecating in public under the disorderly conduct ordinance can only be taken if such act was observed by a member of the public and that person was offended by the act. The court does not consider law enforcement officers members of the public for purposes of enforcement. In order for officers to take action, they have to identify a witness (a member of the "public") that not only observed the act, but who would also testify to being offended by the act. The result has been the virtual elimination of enforcement action for public urination. With the lack of enforcement, law enforcement officers have seen an increase in the number of persons who urinate in public places, specifically in the parking lots of the downtown area, however, officers are rarely able to locate witnesses willing to testify that they were offended. The increase in public urination and defecation exposes citizens to body fluids that pose health risks, as well as to the unpleasant smell of urine.
The proposed ordinance would allow law enforcement officers to initiate action when they observe for themselves a person urinating or defecating in public, thereby decreasing the health risks to the general public.