§ 15-24. Public urination/defecation prohibited; exceptions.

(a)

Definitions. As used in this section, the following terms shall have the following meanings ascribed to them:

(1)

Business or commercial district shall mean all other places, not included in the definition of residential districts below.

(2)

Persons with impairments within the meaning of this section does not include intoxicated individuals or individuals who are impaired due to the taking of illegal substances or substances not legally prescribed to them.

(3)

Dump means to dump, throw, discard, place, deposit, discharge, spill, leak, or dispose of.

(4)

Public place includes, but is not limited to, any street or highway, alley, parking lot, driveway, sidewalk, boulevard, park, beach, pier or other place open to the public view. A public place does not include an enclosure designated for use as a toilet or lavatory.

(5)

Residential districts shall have the meaning ascribed for it in the Land Development Regulations of the City of Cocoa Beach and said districts include the RS-1, RM-1 and RM-2A zoning districts.

(6)

Public areas of commercial properties include business, commercial or industrial districts or church properties in which the general public is an invitee. Business, commercial or industrial districts shall have the meaning ascribed for each in the Land Development Regulations of the City of Cocoa Beach, and said districts include the RM-2, CT-1, CN, CG, PA-1 and B-1 zoning districts.

(b)

Certain acts prohibited. It is unlawful for any person to do any of the following acts:

(1)

Urinate or defecate:

a.

On any public place within the city; or

b.

Within any property zoned as a residential district without the express permission of the owner, where such permissive urination or defecation does not create a public nuisance or otherwise violates any section of this Code; or

c.

Within any portion of the city zoned as a business or commercial district, or for industrial, or public uses.

Unless such urinating or defecating is made into a receptacle that has been provided for that purpose that stores or disposes of the waste in a sanitary manner, and that is enclosed from the view of the general public.

(2)

Dump, unload or otherwise dispose of any urine or feces:

a.

In or on any public place within the city; or

b.

Within any property within a residential district without the express permission of the owner; or

c.

Within any portion of the city, zoned as a business, commercial or industrial district, without the permission of the owner; or

d.

Other than in areas or facilities designated for such purpose.

(c)

Exceptions.

(1)

Subsection (b) shall not apply to:

a.

Children under eleven (11) years old; or

b.

Persons with physical or mental disabilities, which render said person unable to control their bodily functions.

(2)

The parent/guardian or custodian of a person violating subsection (c)(1) is responsible for cleaning up any waste. Failure of the parent/guardian or custodian to clean up and dispose of solid waste in a sanitary manner shall be a violation of subsection (b).

(d)

Penalty. Any person who violates or fails to comply with any provisions of this section shall be subject to the following:

(1)

The issuance of a Class III citation in accordance with the provisions of Chapter 31 of this Code; or

(2)

Enforcement by other means including, but not limited to: a summons; a notice to appear in the county or circuit court, an arrest, an action before the special magistrate/code enforcement board, or a civil action for injunctive relief; or

(3)

Punished in accordance with general penalty set forth in Chapter 1, section 1-8 of this Code.

(Ord. No. 1493, § 1, 5-7-2009)