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HomeMy WebLinkAboutD-2561-20_Public_Urination OrdinanceSponsors: Kimball and Worrell This ordinance was prepared by Douglas C. Haney, Corporation Counsel, on November 12, 2020 at 7:45 PM. He has not reviewed subsequent Common Council revisions, if any. ORDINANCE NO. D-2561-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 6, ARTICLE 5, DIVISION VIII, SECTION 6-164 TO THE CARMEL CITY CODE Synopsis: This ordinance prohibits public urination and defecation by persons over seven (7) years of age in all public places located within the City’s corporate boundaries WHEREAS, pursuant to Indiana Code Section 36-8-2-4, the City of Carmel, Indiana (“City”) has the power and authority to address and restrict conduct and the use of property in a manner that may endanger the public health, safety, or welfare; and, WHEREAS, pursuant to Indiana Code Section 36-8-2-5, the City has the power and authority to address and restrict persons that might cause other persons to be injured or contract diseases; and, WHEREAS, human urine and feces often contains harmful bacteria, including those that cause and spread food poisoning, urinary tract infections, pneumonia, hepatitis, rotavirus, giardiasis, cholera, gastroenteritis, tape worms, typhoid fever, and polio; and, WHEREAS, the urea contained in human urine and the fat, protein, carbohydrates, and minerals contained in human feces attracts flies and cockroaches. These insects then carry the bacteria that is also contained in this urine and feces onto exposed food and water, thereby transmitting diseases to members of the public. Persons can also become infected by unknowingly touching surfaces that contain these bacteria, or by simply inhaling this urinary and fecal bacteria from the nearby air; and, WHEREAS, in addition to the health hazards caused by public urination and defecation, doing so creates unpleasant and noxious odors, stains walls and concrete, destroys the aesthetics of the area in which it occurs, adversely affects local businesses, and risks exposing the public to acts of indecent exposure and lewdness; and, WHEREAS, it is now prudent and in the public interest to prohibit public urination and defecation in any public place that is located within the City’s corporate boundaries. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Ordinance D-2561-20 Page One of Three Pages DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 Sponsors: Kimball and Worrell This ordinance was prepared by Douglas C. Haney, Corporation Counsel, on November 12, 2020 at 7:45 PM. He has not reviewed subsequent Common Council revisions, if any. Section 2. Chapter 6, Article 5, Division VIII, Section 6-164 should be and the same is hereby added to the Carmel City Code, and shall read as follows: “§ 6-164 Public Urination and Defecation Prohibited (a) Definitions. As used in this Section, the following words shall have the following meanings: Public Place. Any City property and any other property that is generally visible to the public, including, but not limited to, streets, sidewalks, bridges, alleys, plazas, parks, recreational areas, tunnels, driveways, parking lots, automobiles (whether moving or not), as well as any public or private building or facility that is open to the public, including, but not limited to, those that serve food or drink or provide entertainment to the public, and the doorways and entrances to such buildings and facilities and the grounds enclosing them. Sanitary Facility. A urinal, toilet, commode or other temporary or permanent structure that accommodates or is designed for the sanitary disposal of human bodily fluids and/or waste and that is enclosed from public view. Person. Any human being over seven (7) years old. (b) It shall be unlawful for any Person, at any time, to urinate and/or defecate in or on any Public Place located within the City’s corporate boundaries, except for in a Sanitary Facility. (c) It shall be an affirmative defense to the offense described in Subsection (b) of this Section that the Person then suffered from a verified medical condition that necessitated or caused such action, except that such verified medical condition shall not include alcoholism or the excessive consumption of alcohol. (d) Any Person who violates this Section shall be guilty of an ordinance violation punishable by a fine of $250 for the first offense and a fine of $2500 for each subsequent offense.” Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued, and penalties shall be imposed and as if this Ordinance had not been adopted. Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as is required by applicable law. Ordinance D-2561-20 Page Two of Three Pages DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 Sponsors: Kimball and Worrell This ordinance was prepared by Douglas C. Haney, Corporation Counsel, on November 12, 2020 at 7:45 PM. He has not reviewed subsequent Common Council revisions, if any. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of _____________ 2020, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ __________________________________ ___________________________________ Laura D. Campbell, President Sue Finkam, Vice-President ___________________________________ ____________________________________ H. Bruce Kimball Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell ___________________________________ ___________________________________ Timothy J. Hannon Miles Nelson ___________________________________ Adam Aasen ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of __________________ 2020, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ______________________ 2020, at _______ __.M. ___________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2561-20 Page Three of Three Pages DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 December 9 5:30 December 0 P6:30 7th 8th P December 8th