Village of Tivoli, NY Chapter 173 Public Urination or Defecation

[HISTORY: Adopted by the Board of Trustees of the Village of Tivoli 7-15-2015 by L.L. No. 1-2015. Amendments noted where applicable.]

§ 173-1 Title; purpose.

A. This chapter shall be known as the "Public Urination or Defecation Law" of the Village of Tivoli.

B. This chapter is enacted pursuant to the authority of § 10 of the Municipal Home Rule Law of the State of New York and New York Constitution, Article IX, in order to preserve, protect and promote the public health, safety and welfare.

§ 173-2 Prohibited acts.

No person shall urinate or defecate:

A. In a public place, as defined in Penal Law § 240.00, whether indoors or outdoors, except in a designated public restroom or designated portable toilet;

B. Outdoors on private property, if visible from a public place; or

C. Outdoors on private property, if not visible from a public place, without the express permission of the owner.

§ 173-3 Penalties for offenses.

Any person found guilty of violating this chapter shall be guilty of a violation punishable by a fine of not less than $250 but not to exceed $500 or a term of imprisonment for a period of up to seven days, or both; and upon conviction of a second offense, shall be subject to a fine of up to $1,000 or a term of imprisonment for a period of up to 15 days, or both; and upon conviction of a third or subsequent offense shall be subject to a fine of $1,500 or a term of imprisonment for a period of up to 15 days, or both.

§ 173-4 Severability.

The invalidity of any word, section, clause, paragraph, sentence, part of provision of this chapter shall not affect the validity of any other part of this chapter, which can be given effect without such part or parts.