HomeMy WebLinkAbout1993-04-06; City Council; 12153; ADDITION TO CARLSBAD MUNICIPAL CODE TITLE 6 PROHIBITION URINATION OR DEFECATION IN PUBLICADDITION TO CARLSBAD MUNICIPAL CODE
Introduce Ordinance No. (L!s-a$h prohibiting a person from urinati
defecating in a public place.
ITEM EXPLANATION
The City of Carlsbad has no ordinance specifically prohibit
person from urinating or defecating in public. Althougl Carlsbad Police Department may deal with this issue in se
ways, none of them would be as effective as adding a provisi the Code clarifying this violation. Officers can issue cita for Penal Code Section 374, Health and Safety Code Section and, possibly, Carlsbad Municipal Code Section 6.08.210. Hob
Penal Code Section 374 is very broad and was designed to prc
littering. Section 4476 of the Health and Safety Code an
Section 6.08.210 were designed to prevent unlawful deposit of
or sewage. Additionally, Carlsbad Police Department officer: received conflicting opinions from the district attorney’s c
regarding which section to cite. Therefore, the departmen
requested this clarification. The attached ordinance specifj tailored to combat urinating in public would provide office] the public with clear guidelines on what is prohibited accomplish this purpose.
FISCAL IMPACT
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ORDINANCE NO. NS-236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 6 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 6.17 PROHIBITING URINATION OR DEFECATION IN A PUBLIC PLACE
The City Council of the City of Carlsbad, Californi
ordain as follows:
SECTION I: That Title 6 of the Carlsbad Municipa
is amended by the addition of Chapter 6.17 to read as follo
"Chapter 6.17
Urinating or Defecating in Public
Section 6.17.010 Urinatins or defecatins in pub1 No person shall urinate or defecate in or on any s
sidewalk, alley, plaza, park, bench, public building or
maintained facility, or in any place open to the public or e to public view. This section shall not apply to urinat
defecation which is done in any restroom or other facility de
for the sanitary disposal of human waste. Any peson who vi
this section is guilty of a misdemeanor."
EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall certify
adoption of this ordinance and cause it to be published at
once in the Carlsbad Journal within fifteen days aftc
adoption.
INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council on the 6th day of APRIL I
and thereafter
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PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the day of
1993, by the following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L, RAUTENKRANZ, City Clerk