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LEGAL DEPARTMENT MEMORANDUM <br /> NO. 2009-08 <br /> July 28, 2009 <br /> TO: Honorable Mayor McElroy and ppCity Council <br /> FROM: Ryan McCrady, City Manager F <br /> Wendy Morthland, Corporation Counsel <br /> Amy Waks, Assistant Corporation Counsel CL'' <br /> SUBJECT: Amendments to Chapter 73 — Offenses <br /> SUMMARY RECOMMENDATION: Staff requests that Council pass the <br /> proposed ordinance amendment regarding Chapter 73, Sections 22 through <br /> 24 prohibiting urination and defecation in public. Further, staff requests <br /> changes to current Sections 22 and 23 to allow for re-numbering with the <br /> additions of the new section. <br /> BACKGROUND: Decatur Police Officers are witnessing an increase of <br /> persons urinating in public. Currently, the Officers only remedy under the City <br /> Code is Breach of Peace, which requires a person other than a police officer <br /> to be the witness per State law. With the addition of the ordinance, it would <br /> allow City police officers to arrest when they have witnessed the violation and <br /> no other witness is available. <br /> RECOMMENDATION: In order to allow for the prohibition of public urination <br /> and defecation, staff recommends the suggested amendments to Chapter 73, <br /> Sections 22 through 24. <br /> POTENTIAL OBJECTIONS: There are no known or expected objections. <br /> INPUT FROM OTHER SOURCES: Decatur Police Department. <br /> STAFF REFERENCE: <br /> Amy Waks, Assistant Corporation Counsel, at 424-2807. <br /> BUDGET/TIME IMPLICATIONS: None <br />