HomeMy WebLinkAbout91-03 - Prohibiting the Performance of Excretory Functions in PublicORDINANCE NO. 91-3
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
ADDING SECTION 11-4 TO CHAPTER I,
TITLE 11 OF THE COSTA MESA MUNICIPAL
CODE PROHIBITING THE PERFORMANCE OF
EXCRETORY FUNCTIONS IN PUBLIC.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa
hereby finds and declares as follows:
WHEREAS, numerous complaints have been filed with the City's
Police Department relating to persons urinating in public areas
and places open to the public view; and
WHEREAS, the performance of such excretory functions
contaminates the private and public property upon which it is
performed and is generally deleterious to public health; and
WHEREAS, adding this ordinance is necessary to promote the
health, safety and welfare of the citizens of the City of Costa
Mesa.
ACCORDINGLY, the City Council of the City of Costa Mesa
herewith adds Section 11-4 to Title 11, Chapter I, of the Costa
Mesa Municipal Code.
Section 2. Section 11-4 is hereby added to Chapter I,
Title 11 of the Costa Mesa Municipal Code.
"Section 11-4. Performing Excretory Function in Public.
a. It shall be unlawful for any person to urinate,
defecate or otherwise discard or dispose of human
wastes or excretion on private property in an area
exposed to the public view, or on any public street,
sidewalk, alley, park, parkway, parking lot or other
public place, except in a toilet receptacle provided
for such purpose within the structure of a restroom,
bathroom or other enclosure.
b. Anyone who, by reason of illness, infection, disease or
other physical infirmity is unable to control his or
her excretory functions shall be exempt from the
provisions of Subsection a. Loss of control of
excretory functions brought on by the voluntary
ingestion of alcohol, drugs or other intoxicants,
depressants or hallucinogens shall not be exempt from
the provisions of Subsection a."
Section 3. Publication.
This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage and, before
the expiration of fifteen (15) days after its passage, shall be
published once in the ORANGE COAST DAILY PILOT, a newspaper of
general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City
Council voting for and against t{h�Be same.
PASSED AND ADOPTED this �Nl day o^f, , 1991.
Mayor the City of Costa Mesa
ATTEST:
City Clerk of the City of Ca Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
AZ/4-47V-,4
D AS TO FORM:
Ike
City Attorney
I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 91-3 was introduced and
considered section by section at a regular meeting of said City
Council held on the 4th day of February, 1991, and thereafter
passed and adopted as a whole at a regular meeting of said City
Council held on the 19th day of February, 1991,by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS: ` r..C-
ABSENT: COUNCIL MEMBERS: �X-�
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa this 20th day of February,
1991.
Ci y Clerk and ex -officio Clerk of
the City Council of the Cit of
Costa Mesa