[Ord. 1949, 5/3/2010]
The Borough of State College intends to preserve the health, safety, and welfare of the residents, downtown, and neighborhoods in the municipality by eliminating public urination and defecation.
The Borough of State College:
a. 
Wishes to attach negative consequences to the undesired behavior of public urination and defecation;
b. 
Prior to this ordinance made no provision for empowering Borough Police Officers to cite on a municipal level, using local ordinances, instead of relying on state charges of disorderly conduct and open lewdness; and
c. 
Will benefit by a municipal ordinance that will serve as an effective enforcement tool for use by the State College Police.
[Ord. 1949, 5/3/2010]
For purposes of this ordinance, the following terms have the following meanings:
APPROPRIATE SANITARY FACILITY
A urinal, toilet, commode or other facility that accommodates or is designed for the sanitary disposal of human bodily fluids or waste and that is enclosed from public view.
PUBLIC PLACE
Any walkway, street, highway, sidewalk, building facade, bridge, overpass, alley or alleyway, plaza, park, driveway, transportation facility, park, recreational area, parking lot, vacant or undeveloped lot or the stairwells, alcoves, doorways and entrance ways to such places.
[Ord. 1949, 5/3/2010]
a. 
Any person who urinates or defecates in, on, or about any of the following places, other than in an appropriate sanitary facility, commits a violation:
(1) 
Any public place.
(2) 
Any private property into or upon which the public is admitted by easement or license; or
(3) 
Any private property without the consent of the owner.
b. 
It is a separate violation for any person who has urinated or defecated in, on, or about any public place, other than in an appropriate sanitary facility, to fail to clean or remove the material deposited immediately, or to fail to dispose immediately of the material used in the cleaning or removal process in a container designed for such disposal.
[Ord. 1949, 5/3/2010; amended by Ord. 2066, 12/21/2015, Section 4]
a. 
Any person who violates § 5-1003 is guilty of a summary offense punishable by a fine of not less than $750 for the first offense and $1,000 for any subsequent offense plus court costs for each violation.
b. 
A penalty provided for under Subsection a of this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.
c. 
Each act of violation and every day upon which such violation occurs shall constitute a separate offense.
[Ord. 1949, 5/3/2010]
If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance, which remaining portions shall continue in full force and effect.