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AGENDA ITEM REVIEW FORM |
6.H.
Regular City Council Meeting
- Meeting Date:
- 06/10/2020
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Ordinance
Ordinance
ITEM:
Discussion and possible action on any and all matters regarding Ordinance No. 399. An ordinance of the Mayor and City Council of the City of San Luis, Arizona amending Title XIII of the City Code by adding Chapter 132 public urination or defecation; providing for penalty; repealing any conflicting provisions; and providing for severability. (Kay Macuil, City Attorney)
A. Action on Reading of Ordinance No. 399 by title only
(City Clerk to read the ordinance by title only)
B. Action and adoption of Ordinance No. 399
A. Action on Reading of Ordinance No. 399 by title only
(City Clerk to read the ordinance by title only)
B. Action and adoption of Ordinance No. 399
SUMMARY:
There is no statute in Arizona prohibiting the elimination of bodily waste in public. The legislature has left it to cities and towns to deal with the issue. Several cities in Arizona have enacted ordinances prohibiting such conduct. San Luis has not. The San Luis Police Department frequently encounters individuals who have engaged in this conduct, but, currently, there is no direct way to prosecute such cases.
Urine
Usually, breathing the odor of urine is not physically harmful to humans. However, with dehydration, the urine is more concentrated and may have a stronger ammonia scent than normal. When there is an infection in the urinary tract, the urine may take on a lingering foul-smelling odor. Exposing the genitals in public is an act of indecent exposure. If persons present have reasonable grounds to claim offense, urinating in public may result in an indecent exposure charge. Absent the ability to charge someone for this specific conduct, the harsher sexual offense statute with its severe present and future implications may be the only way to deal with such an offense. Additionally, public waste elimination may also provoke a violent verbal and/or physical response from someone witnessing the act.
Feces
Humans have large numbers and types of bacteria in their intestines. There are over 100 different varieties of viruses, bacteria, and helminths (worms) in feces. Squatting on the ground to go to the bathroom outdoors is one of the main ways to spread disease-causing pathogens and helminths. If not treated professionally, human feces/urine can cause diseases and spread viruses. Some bacteria will cause severe pain or dysentery, and a few can lead to death if left untreated. Included in the dangerous pathogen category are Typhoid fever, Cholera, Hepatitis A, and a variety of worms. In addition, there are Rotavirus, Norwalk Agent virus, and numerous others that can cause respiratory distress.
Urinating or defecating in public is dangerous to the public health and offensive to others’ sensibilities. A descriptive ordinance prohibiting such behavior gives the police and the city prosecutor a tool to deal with this issue in a manner that has been successful for other cities in Arizona.
Therefore, I propose the following ordinance.
Urine
Usually, breathing the odor of urine is not physically harmful to humans. However, with dehydration, the urine is more concentrated and may have a stronger ammonia scent than normal. When there is an infection in the urinary tract, the urine may take on a lingering foul-smelling odor. Exposing the genitals in public is an act of indecent exposure. If persons present have reasonable grounds to claim offense, urinating in public may result in an indecent exposure charge. Absent the ability to charge someone for this specific conduct, the harsher sexual offense statute with its severe present and future implications may be the only way to deal with such an offense. Additionally, public waste elimination may also provoke a violent verbal and/or physical response from someone witnessing the act.
Feces
Humans have large numbers and types of bacteria in their intestines. There are over 100 different varieties of viruses, bacteria, and helminths (worms) in feces. Squatting on the ground to go to the bathroom outdoors is one of the main ways to spread disease-causing pathogens and helminths. If not treated professionally, human feces/urine can cause diseases and spread viruses. Some bacteria will cause severe pain or dysentery, and a few can lead to death if left untreated. Included in the dangerous pathogen category are Typhoid fever, Cholera, Hepatitis A, and a variety of worms. In addition, there are Rotavirus, Norwalk Agent virus, and numerous others that can cause respiratory distress.
Urinating or defecating in public is dangerous to the public health and offensive to others’ sensibilities. A descriptive ordinance prohibiting such behavior gives the police and the city prosecutor a tool to deal with this issue in a manner that has been successful for other cities in Arizona.
Therefore, I propose the following ordinance.
RECOMMENDATION / SUGGESTED MOTION:
A. I MOVE TO APPROVE READING OF ORDINANCE NO. 399 BY TITLE ONLY
(City Clerk to read Ordinance No. 399 by title only)
B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 399
(City Clerk to read Ordinance No. 399 by title only)
B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 399
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
The purpose of the Ordinance is to deter the activity. It is uncertain whether any fines imposed will have any appreciable effect on revenue.