HomeMy WebLinkAboutA001 - Council Action Form dated July 18, 2023 ITEM #: 17
DATE: 07-18-23
DEPT: Police
COUNCIL ACTION FORM
SUBJECT: URINATION AND DEFECATION MUNICIPAL CODE ORDINANCE
AMENDMENT
BACKGROUND:
At the July 11, 2023 City Council meeting, the Council referred to staff a memo from
Police Chief Huff concerning Section 11 .4 of Municipal Code. Recently, staff became
aware of a "loophole" in this code section, which addresses the places and circumstances
where it is unlawful for a person to urinate or defecate. The spirit of the code is to prohibit
urinating and defecating in a public place. The current code section reads:
Sec. 11.4. URINATION AND DEFECATION.
No person shall urinate or defecate onto any sidewalk, street, alley, or other public
way or onto the floor, hallway, steps, stairway, doorway or window of any public or
private building. (Ord. No. 777, Sec. 14; Code 1956, Sec. 57-14; Ord. No. 2490, Sec.
2, 11-26-74; Ord. No. 3003, Sec. 10, 2- 23-88; Ord 4132, Sec. 11 .4, 11-27-12)
This current code language is very specific, and therefore requires that the
observed urination or defecation must meet one of the listed areas in order to be
prohibited. Staff does not believe the current language is clear enough to
prosecute an instance where an individual urinates or defecates on private
property in plain view of the public. This instance is sometimes the reason an officer
may stop at a nuisance party where neighbors have made complaints about the party.
Staff has reviewed similar code sections used in other communities and believes that the
issue would be resolved if Section 11.4 was amended to include the clause: "[...] and
other places reasonably viewed by the public, provided this subsection shall not apply to
restrooms or public facilities designated for such purpose."
ALTERNATIVES:
1. Approve first reading of the attached ordinance to amend Sec. 11.4 of Municipal
Code.
2. Do not approve the proposed ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
The public urination and defecation section of Municipal Code is very specific, and does
not clearly prohibit some acts that the public expects to be prohibited. This section is also
connected to the nuisance party provisions in Municipal Code. Therefore, it is important
that the urination and defecation code be clearly outlined if it is used to make a
1
determination as to whether a nuisance party is taking place. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
2
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF THE CITY OF AMES, IOWA, BY
AMENDING SECTION 11.4 THEREOF,FOR THE
PURPOSE OF PROHIBITING URINATION AND
DEFECATION IN PUBLIC; REPEALING ANY
AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT
OF SUCH CONFLICT; PROVIDING A PENALTY;
AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same
is hereby amended by amending Section 11.4 Urination and Defecation as follows:
"Sec. 11.4. URINATION AND DEFECATION.
No person shall urinate or defecate onto any sidewalk, street, alley, or other
public way or onto the floor, hallway, steps, stairway, doorway, or window
of any public or private building or other place open to public view or public
use,provided that this section shall not gpply to private restrooms or public
facilities designated for such purpose."
Section Two. Violation of the provisions of this ordinance shall constitute a
municipal infraction punishable as set out by law.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are
hereby repealed to the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its
passage and publication as required by law.
Passed this day of , 2023.
Renee Hall, City Clerk John A. Haila, Mayor