Public urination and/or defecation is found to be a public nuisance
and detrimental to the health, safety, and welfare of the City and
its inhabitants. It is the intent of this article to protect and preserve
the health, safety, and welfare of the citizens of Hackensack by prohibiting
urination and/or defecation by any person in any public place as defined
herein, anywhere within the City.
As used in this article, the following terms shall have the
meanings indicated:
PERSONS WITH IMPAIRMENTS
A recognized disability, unrelated to the ingestion of alcohol,
illegal substances, or substances not prescribed to the particular
person ingesting them, which renders a person unable to exercise control
over his or her bodily functions of urination and/or defecation.
PUBLIC PLACE
Any street, highway, thoroughfare, right-of-way, alley, parking
lot, driveway, sidewalk, boulevard, park, pier, bridge, or other place,
whether public or private, which is open to the public. As used in
this article, "public place" does not include a place specifically
designated for use as a urinal or a toilet such as, but not limited
to, a restroom or portable toilet.
It is unlawful for any person:
A. To urinate
in any public place that has not been designated for use as a urinal
or toilet.
B. To defecate
in any public place that has not been designated for use as a toilet.
C. To urinate
or defecate outdoors on private property, if visible from a public
place.
D. To urinate
or defecate outdoors on private property, even if not visible from
a public place, without the express permission of the owner.
E. Exceptions. The provisions of §
119-23A,
B and
C shall not apply to children under six years old or to persons with impairments as defined in this article.
Any person violating any of the provisions of this article shall be subject to the penalties established in §
1-15 of the Code of the City of Hackensack.