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HomeMy Public PortalAbout1823 Joey's LawORDINANCE: 1823 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR COMPLIANCE WITH STATE OF FLORIDA STATUTE; PROVIDING FOR THE AMENDMENT OF CHAPTER 54 — OFFENSES AND MISCELLANEOUS PROVISIONS FOR THE ENACTMENT OF JOEY'S LAW; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is authorized and empowered to adopt and enforce ordinances, not inconsistent with state law, that are necessary to protect the health, welfare, and safety of its citizens and inhabitants WHEREAS, the City Council ("Council") of the City serves as the elected governing body; directly responsible for the promotion and protection of the public health welfare, and safety of its citizens and inhabitants; WHEREAS, city staff have reviewed how municipalities of similar size and population address the issue of public urination and defecation and have researched those city's ordinances, defenses, and penalties in the process of crafting this ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: CHAPTER 54 — OFFENSES AND MISCELLANEOUS PROVISIONS is hereby amended with the addition of section 54-9 as attached to this ordinance. (Attachment 1) SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes, and Section 2 of the City Charter. SECTION 2. SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 3. SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 4. ORDINANCE TO BE LIBERALLY CONSTRUED. This ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 5. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE DAY OF filly , 2021 ATTEST: LIZA : ETH M. ROY City Clerk APPROVED BY ME THIS L 0 DAY OF Whitten Mayor , 2021. 54.09.00 Public Urination or Defecation Prohibited 54.09.01 Purpose In order to help protect the public health, safety, and welfare, the declared purpose of this section is to prohibit public urination or defecation within the City of Crestview. 54.09.02 Definitions “Appropriate sanitary facility" means a urinal, toilet, commode, or other facility that accommodates or is designed for the sanitary disposal of human bodily fluids or waste and that is enclosed from public view. "Public place" is any place where the conduct may reasonably be expected to be viewed or could be viewed by others; including but not limited to any walkway, street, boulevard, highway, thoroughfare, sidewalk, path, bridge, pier, overpass, alley or alleyway, plaza, park, yard, driveway, transportation facility, recreational area, right of way (either opened or unopened), parking lot, public or private building, vacant or undeveloped lot, or the stairwells, alcoves, doorways, and entrance ways to such places. 54.09.03 Public urination or defecation prohibited 54.09.03.01 Any person who urinates or defecates in, on or about any of the following places, other than in an appropriate sanitary facility, is guilty of a class one misdemeanor: (A) Any public place; (B) Any place open to the public or exposed to public view; (C) Any private property into or upon which the public is admitted by easement or license; (D) Any private property upon which the public is not admitted by easement or license without the consent of the owner, owner’s agent, or the person in lawful possession thereof. 54.09.03.02 It shall be unlawful for any person to urinate or defecate in a place exposed to public view, except by proper use of an appropriate sanitary facility provided for this purpose. 54.09.03.03 It shall be unlawful for any person to dump, unload, or otherwise dispose of any urine or feces, in or on any place described in 54.09.03.01 and 54.09.03.02. 54.09.03.04 Exceptions to 54.09.03.01 and 54.09.03.02 shall be limited to the following: (A) Animals. (B) Children under age 11. (C) Persons with impairments who lack the physical or mental ability to control their bodily functions, except that such a person’s parent, guardian, or custodian is responsible for immediately cleaning up any waste expelled by the child or person with impairments. Failure of the parent, guardian, or custodian of the minor child or person with impairments to immediately clean up and properly dispose of solid waster in a sanitary manner will be in violation of this section. (D) A person may not be found guilty of an offense under this section if the person proves as an affirmative defense that the act of urination / defecation was due to a physician verified medical condition that rendered the act beyond the person’s bodily control. Failure of said person to immediately clean up and properly dispose of solid waste in a sanitary manner will be in violation of this section. 54.09.04 Enforcement and Penalty 54.09.04.01 A violation of this section is a class one misdemeanor and shall be punished by a mandatory minimum fine of two hundred fifty dollars ($250.00). 54.09.04.02 In addition to the penalties proscribed in section 54.09.04.01 above, the court may require that a person convicted of this section pay restitution for any clean-up costs incurred by the City.