HomeMy WebLinkAboutAGENDA REPORT 1997 0402 CC REG ITEM 09GrrEM 9 G.
CITY OF MOORPARK
CITY COUNCIL AGENDA REPORT
TO: The Honorable City Council
FROM: Captain Mike Lewis, Moorpark Police Department '
DATE: March 26, 1997 (for the City Council Meeing of April 2, 1997)
SUBJECT: Consider Adoption of a Public Nuisance Ordinance Relative to Unsanitary
Urination and Defecation
Pursuant to Council direction last fall, a draft ordinance has been prepared to address the
health and safety concerns related to public urination and defecation. Violation of the
proposed ordinance would be an infraction, subject to a $100 fine, (to be amended to $250
when the City's bail schedule is revised later this spring).
During Council deliberations related to the day - laborers congregating on High Street, some of
the most prevalent complaints were public intoxication, and public urination and defecation.
In the past, cities would attempt to rely on State Health and Safety laws to enforce public
urination and defecation. A court case rendered local reliance upon this statute to be
ineffective. As a result, it is necessary to adopt an ordinance to provide for enforcement and
perhaps deterrence.
Currently, the City does not define public urination and defecation as a public nuisance or as
a threat the to public health and welfare. The ordinance adds these acts to the municipal
code, "Public Peace Morals and Welfare ", Chapter 9, specilficaft Secfion 8, "Offenses Against
Public Decency" allowing the Police Department to enforce such violations in the future.
Consistent with alt infractions, persons would then be cited and released. The fine amount
has to be approved by the Count Court, andlor in unison with City fines currently in place for
this specific chapter of the Municipal Code. City fine amounts for vicoialtons of Chester 9 are
currently $100 per violation with no adoting scale for first or second offenses, but it is
proposed to be revised this spring with the drafted ball schedule and increased to $250. As
drafted, there is no scale being proposed for first, second and third offenses, consistent with
other fines pertaining to this chapter.
That the City Council introduce Ordinance Number' -, for first reading, prohibiting
public urination and defecation.
Attachment: Ordinance 97-
Meeting
of 199
WJ