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St. Charles police are pitching a new local ordinance that will make public urination or defecation illegal in the city for the first time. Unlike many other local communities, there is no law in St. Charles that specifically addresses the phenomenon of people relieving themselves in public.
Police Department Spokesman Paul McCurtain said that's caused some problems for officers policing the local taverns after they close.
"Currently, if an officer observes this happening, then hopefully there's other witnesses to the act," McCurtain said. "Then you can use the disorderly conduct charge if it alarms or disturbs the citizen witnesses. The only problem, unfortunately, is when it's just the officer and he's the only one who sees the offender doing this. There is case law that says an officer cannot be alarmed or disturbed."
In other words, officers who've caught people with their pants down in public have had little recourse to correct the situation. To remedy that, the city council will consider adding a law to specifically outlaw public urination or defecation. The ordinance specifically bans any person from urinating or defecating "in or on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or other public place other than a restroom, or any place in public view. Offenders caught in the act would received a citation with a $25 fine under the proposed law. There is no jail time associated with such a charge.
"It's just a more efficient process for our street officers to address the problem," McCurtain said.
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