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Legislation #: 040181 Introduction Date: 2/19/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
2/19/2004

Prepare to Introduce

2/19/2004

Referred Neighborhood Development and Housing Committee

2/25/2004

Do Pass

2/26/2004

Assigned to Third Read Calendar

3/4/2004

Passed


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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