St. Charles City council bans public urination

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ST. CHARLES — The city council on Monday night unanimously approved an ordinance prohibiting public urination and defecation, a problem police say usually happens downtown as bars close.

"Frankly, I'm disappointed that this issue has come to the city having to issue legislation to get people to act civilly in a public environment," Mayor Donald DeWitte said.

The St. Charles Police Department brought the issue forward.

"It wasn't a commonplace occurrence, but it happened enough to present a problem to  our officers," spokesperson Paul McCurtain said, noting men were the primary offenders.

The ordinance, found in the Public Peace, Morals and Welfare chapter of the city code, prohibits urination and defecation "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 rest room" or in public view.

It will take effect Nov. 12.

Violators will face a $25 fine they must pay within 10 days. Further legal action may be taken if the fine is unpaid.

Prior to the ordinance, police charged public urinators with disorderly conduct. However, by state law, they could only do so when a citizen witnessed the action and was alarmed or disturbed by it, McCurtain said.

In cases with no witnesses, McCurtain said, "the officers were having a problem trying to find the right statute or ordinance" to charge the person with.

The ordinance will allow officers to issue charges without witnesses other than themselves, he said.

It also gives police more freedom to choose between charging offenders with the state disorderly conduct statute or St. Charles' ordinance. Statute violations could result in up to a year in a county jail and a fine up to $1,000, McCurtain said.

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The city council also unanimously approved the preliminary estimate of the 2009 property tax levy at $21,340,000. City staff will present the council with a formal tax levy request in December, and a public hearing will be held. The date has yet to be set.

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