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ORDINANCE NO. 940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING THE UKIAH CITY CODE BY ADDING A CHAPTER 8,
ENTITLED "URINATING OR DEFECATING IN PUBLIC" TO DIVISION
5 THEREOF.
The City Council of the City of Ukiah does ordain as follows:
SECTION 1: That the Ukiah City Code is hereby amended by adding a
Chapter 8 to Division 5, to read as follows:
CHAPTER 8. URINATING AND DEFECATING IN PUBLIC
Section 6190. Purpose.
The public streets and areas within the City of Ukiah
should be maintained in a clean and healthful condition.
Sufficient bathroom facilities are available to the general
public within the City that all persons can avoid urinating or
defecating in public streets or areas. The purpose of this
chapter is to maintain public streets.and areas within the
City of Ukiah in a clean and accessible condition.
Section 4510. Definitions.
Unless the particular provisions or the context otherwise
requires, the definitions contained in this section shall
govern the construction, meaning and application of words and
phrases used in this Chapter.
(a) Park has the same meaning as is provided in Section
1965 of this Code.
(b) Person shall mean any man or woman over the age of
twelve years.
(c) Public place means any place to which the general
public has access or which is open to the public, including,
but not limited to, doorways, benches, stairways, creekbeds,
beneath bridges, and common areas or hallways.
(e) Street has the same meaning as is provided in Sec-
tion 9330 of this Code and includes the entire street right of
way as defined in Section 9331.
Section 4511. Unlawful to Urinate or Defecate in Public.
It shall be unlawful and constitute a violation of this
Chapter for any person to urinate or defecate in the following
areas, except in a toilet properly and lawfully connected to
the City sewer system or portable toilet the effluent from
which is lawfully disposed of:
(a) any street;
(b) any sidewalk;
(c) any public parking lot or public area, improved or
unimproved;
(d) any park;
(e) any City-owned property, buildings or facilities;
(f) on any privately owned property without the consent
of the owner or other person in lawful Possession thereof; and
(g) any public place.
Section 4512. Penalty for Violation.
Any person violating any of the provisions of this
Chapter shall be deemed guilty of a misdemeanor, and upon con-
viction shall be punished by a fine of not more than one
hundred dollars ($100.00), or by imprisonment of not to exceed
thirty (30) days, or both such fine and imprisonment.
SECTION 2: If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the city
of Ukiah hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 3: Publication and Effective Date. This ordinance shall
become effective thirty (30) days from.its adoption and shall be
published as required by law.
17
Introduced by title only on
the following roll call vote:
May 5
, 1993, by
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and
NOES: None . Mayor Schneiter
ABSENT: None
Adopted on
call vote'.
May 19
, 1993, by the following roll
AYES:
NOES: None
None
ABSENT:
Councilmembers M~Stin, Malone, Wattenburge~ Shoemaker. and
yor ~cnnelter
Mayor~ Fred ~3h~hneiter