[Adopted 12-12-2016 by Ord. No. 4-2016]
The City Council of the City of Newburgh finds that urinating
and defecating outdoors on any public highway, street, parking lot,
sidewalk or vacant land area within the City of Newburgh constitutes
a hazard and nuisance and adversely affects the health, safety and
welfare of the public.
No person shall urinate or defecate:
A.
In a public place, as defined in Penal Law § 240, whether
indoors or outdoors, except in a designated public restroom or designated
portable toilet;
B.
Outdoors on private property, if visible from a public place; or
C.
Outdoors on private property, if not visible from a public place,
without the express permission of the property owner.
In addition to all other penalties provided under this chapter,
or any other provision of the City Code or any other law, rule or
regulation of New York State or agency with jurisdiction over the
subject matter, any person found to be in violation of this article
shall be guilty, upon conviction, of an offense punishable by a fine
of not less than $500 or a term of imprisonment for a period of up
to 15 days, or both, for the first violation; a fine of not less than
$500 and of not more than $1,000 or a term of imprisonment for a period
of 15 days, or both, for a second violation; and a fine of not less
than $500 and of not more than $2,000 or a term of imprisonment for
a period of 15 days, or both, for the third and each subsequent violation.
The provisions of this article are declared to be severable,
and if any section or subsection of this article is held to be invalid,
such invalidity shall not affect the other provisions of this article
that can be given effect without the invalidated provision.
