ITEM 4. 3
CITY MANAGER' S REPORT
JUNE 9, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 467 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
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 467 to Add Chapter 9. 05 Entitled " Public Urination and
Defecation Prohibited" to Title 9, "Public Peace and
Welfare" of the Lathrop Municipal Code
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 467 entitled:
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 SUMMARY:
On May 12, 2025, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Dresser, Lazard, Torres -O' Callaghan, and Akinjo NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
n
resa Vargas, Cit
Q1 96.
Date
ORDINANCE NO. 25- 467
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
9. 05.10 Purpose and Intent
Ordinance No. 25- 467
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.
Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
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- 467
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- 467
CHAPTER 9. 05 ATTACHMENT 2
PUBLIC URINATION AND DEFECATION PROHIBITED
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 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.
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