ITEM 5. 6
CITY MANAGER' SREPORT
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER AN ORDINANCE TO ADD CHAPTER 9. 05
ENTITLED " PUBLIC URINATION AND DEFECATION
PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND
WELFARE" OF THE LATHROP MUNICIPAL CODE.
RECOMMENDATION: City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance to
add Chapter 9. 05 entitled " Public Urination and
Defecation Prohibited" to Title 9 " Public Peace
and Welfare" of the Lathrop Municipal Code.
SUMMARY:
The proposed Ordinance would add Chapter 9. 05 to Lathrop Municipal Code to prohibit individuals from urinating or defecating in a public place other than a designated restroom facility under circumstances where such act could be observed by any member of the public.
This ordinance supports clean and sanitary public spaces, promotes public health standards, and aligns with regulations adopted by many cities across California. It provides necessary authority for local enforcement and reinforces community expectations for hygiene and appropriate conduct in shared environments.
BACKGROUND:
Cities throughout California have implemented local ordinances to address the issue of individuals relieving themselves in public spaces under inappropriate conditions.
These actions, while sometimes related to lack of facility access, can lead to sanitation issues and diminish public comfort. Although not currently a widespread problem in Lathrop, the absence of a specific prohibition in the Municipal Code limits the City' s ability to enforce expectations for sanitary and respectful public conduct. The proposed Ordinance is a proactive measure to align with regional standards and ensure that community health and cleanliness are preserved.
ANALYSIS:
The proposed ordinance includes the following provisions:
9. 05.10 — Purpose and Intent:
Establishes the City' s intent to protect public health and preserve clean and sanitary public spaces.
CITY MANAGER' SREPORT PAGE 2
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE ADDITION TO PROHIBIT PUBLIC URINATION OR
DEFECATION
9. 05.20 — Definitions:
Defines " public place" to include streets, sidewalks, parks, parking lots, and other areas generally accessible to the public, whether publicly or privately owned.
9. 05.30 — Prohibited Activity:
Declares it unlawful and a public nuisance for any person to intentionally urinate or defecate in a public place, unless the act occurs in a washroom or toilet room, under circumstances where such act may be observed by any member of the public.
9. 05.40 — Violation and Penalty:
Designates violations as misdemeanors under LMC Section 1.6. 010 and authorizes additional civil remedies and abatement actions.
This ordinance will provide appropriate legal authority to address conduct that poses sanitation risks, particularly in shared public spaces, while reinforcing community expectations for public hygiene.
Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on May 1, 2025, posted on the City website, e -mailed to public hearing subscribers, and the meeting agenda was posted at various designated posting locations in the City. As of the writing of this report, no comments were received in favor or against the proposed ordinance.
FISCAL IMPACT:
No anticipated fiscal impact. Enforcement will be conducted by existing Police Department and Code Enforcement personnel.
RECOMMENDATION:
Staff recommends that Council consider all information provided and submitted, take and consider public testimony, and, if determined to be appropriate, take the following actions:
1. Introduce an Ordinance to Adopt an Addition to the Lathrop Municipal Code LMC) Chapter 9. 05, entitled " Public Urination and Defecation Prohibited" to Title 9, "Public Peace and Welfare" of the Lathrop Municipal Code.
CITY MANAGER' S REPORT PAGE 3
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE ADDITION TO PROHIBIT PUBLIC URINATION OR
DEFECATION
ATTACHMENTS:
1. An Ordinance of the City Council of the City of Lathrop to Adopt an Addition to the Lathrop Municipal Code ( LMC) Chapter 9. 05, entitled " Public Urination and Defecation Prohibited" to Title 9, "Public Peace and Welfare" of the Lathrop Municipal Code.
2. Municipal Code Chapter 9. 05 Text
CITY MANAGER' SREPORT PAGE 4
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE ADDITION TO PROHIBIT PUBLIC URINATION OR
DEFECATION
APPROVALS:
n Sealy
Chief of Police
L1/$/ A&25
Da
s-- 1I zo2s
Salvador Navarrete Date
City Attorney
Stephen Salvatore
City Manager
Date
ORDINANCE NO. 25 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ADD CHAPTER 9. 05 ENTITLED " PUBLIC URINATION AND DEFECATION PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE.
WHEREAS, the City of Lathrop currently does not have a provision in the Municipal Code that expressly prohibits public urination or defecation, limiting the City' s ability to enforce community standards for sanitation and respectful public conduct; and
WHEREAS, urinating or defecating in public spaces presents clear public health and sanitation risks, including the spread of disease, unsanitary conditions, and degradation of community spaces used by residents and visitors; and WHEREAS, the City seeks to address this issue proactively by establishing clear expectations for appropriate behavior in shared environments and providing enforcement tools to uphold community health and cleanliness; and WHEREAS, the City seeks to align with public health practices implemented in many other jurisdictions across California; and
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on May 12, 2025 to review and consider this Ordinance; and WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, this proposed code amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 9. 05 entitled " Public Urination and Defecation Prohibited" of Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code is hereby added as follows:
Chapter 9. 05 Public Urination and Defecation Prohibited Ordinance No. 25-_ Page 1 of 4
9. 05.10 Purpose and Intent
The purpose of this ordinance is to protect public health, safety, and welfare by prohibiting the act of urinating or defecating in public spaces. The City of Lathrop seeks to maintain clean and sanitary public environments for all residents, visitors, and businesses.
9. 05.20 Definitions
For the purposes of this chapter, the following definition shall apply:
Public place" means any street, sidewalk, park, alley, public parking lot, public building, public transportation facility, or any other area generally accessible to the public, whether publicly or privately owned.
9. 05.30 Urinating or Defecating in Public
It is unlawful and a public nuisance for a person to intentionally urinate or defecate in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.
9. 05.40 Violation — Penalty
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in Section 1.6. 010. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
Section 2. Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Sec ion 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Ordinance No. 25-_
Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy to be published in full accordance with Section 36933 of the California Government Code.
Ordinance No. 25 -
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 12th day of May 2025, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on , 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PAUL AKINJO, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 25 -
CHAPTER 9. 05
PUBLIC URINATION AND DEFECATION PROHIBITED
9. 05.10
ATTACHMENT 2
Purpose and Intent
The purpose of this ordinance is to protect public health, safety, and welfare by prohibiting the act of urinating or defecating in public spaces. The City of Lathrop seeks to maintain clean and sanitary public environments for all residents, visitors, and businesses.
9. 05.20
Definitions.
For the purposes of this ordinance, the following definition shall apply:
Public place" means any street, sidewalk, park, alley, public parking lot, public building, public transportation facility, or any other area generally accessible to the public, whether publicly or privately owned.
9. 05.30
Urinating or defecating in public.
It is unlawful and a public nuisance for a person to intentionally urinate or defecate in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.
9. 05.30
Violation — Penalty
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in Section 1.6. 010. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
PAGE LEFT
INTENTIONALLY
BLANK