ORDINANCE NO. 040181
Amending
Article VI, Offenses Against Public Safety of Chapter 50, Offenses and
Miscellaneous Provisions by enacting a new Section 50-204 entitled, Urinating
or defecating in public.
WHEREAS,
defecating on public and private streets, alleys, sidewalks, parking lots and
other open areas creates public health risks of the spread of contagious
diseases; and
WHEREAS,
urinating and defecating on public and private streets, alleys, sidewalks,
parking lots and other open areas creates foul and offensive odors; and
WHEREAS,
this conduct is offensive to many persons who unwittingly find themselves
viewing the above conduct or the human wastes left behind by that conduct on
the areas described above; and
WHEREAS,
there currently is no ordinance that specifically prohibits this conduct; NOW,
THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. That a new Section 50-204, Code of Ordinances, entitled Urinating or
defecating in public, is enacted to read as follows:
Section
50-204. Urinating or defecating in public.
(a.)
No person shall urinate, defecate or otherwise discard or dispose of human
wastes or excretions on or in any public street, sidewalk, alley, park, parkway,
parking lot, building, right-of-way, easement or other public place or on any
private property exposed to the public view, except in a toilet or urinal
receptacle within a permanent or temporary structure or enclosure of a
restroom, bathroom, locker room or another toilet facility.
(b.)
It shall be an affirmative defense to a charge under this section that the
person charged, by reason of illness, infection, disease or other physical
infirmity, is unable to control his or her excretory functions, unless such
loss of control is due to the voluntary ingestion of alcohol, illegal drugs or
other intoxicants, depressants or hallucinogens.
(c.)
Any person convicted of a violation of this chapter shall be punished for that
violation by a fine of not less than $50.00, but not more than $500.00 or by
imprisonment of not more than 180 days or by both such fine and imprisonment.
___________________________________
Approved
as to form and legality:
____________________________
Galen
Beaufort
City
Attorney