It turns out the Batavia Police Department has been fielding periodic complaints about individuals treating public parking lots and shared spaces like their own personal, open-air restrooms.
In what might come as a bit of a surprise, the city currently does not have a specific ordinance on the books that actually addresses this conduct when it happens. Until now, public urination and defecation have apparently been lingering in a bit of a legal gray area.
To close this unsanitary loophole, the city is proposing drafting Ordinance no. 2026-012. This new rule will finally give the police the clear legal authority they need to actually respond to these complaints and enforce basic public decency.
Background and Purpose
The proposed ordinance aims to revise Title 5 of the Batavia Municipal Code by adding specific regulations against public urination and defecation.
- The Police Department has been receiving periodic complaints about individuals defecating or urinating in public areas, such as parking lots.
- The city currently lacks a specific ordinance that addresses this particular conduct.
- Providing the Police Department with this legal authority supports the city’s 2024-2028 Strategic Plan goals for “Safety and Wellbeing” by protecting the public from unsanitary hazards and maintaining public decency.
Prohibited Conduct
The ordinance will add Section 5-2-1-11 to the Municipal Code, strictly prohibiting these acts in specific locations.
- It will be unlawful for any person to urinate or defecate in public places such as streets, alleys, sidewalks, parks, plazas, buildings, yards, or utility right-of-ways, unless using a restroom.
- The ban also applies to private property if the act is done in view of the public, unless it occurs within a temporary or permanent enclosed structure specifically designed for urination and defecation.
Fines and Penalties
The proposal establishes a clear schedule of financial penalties for those who violate the new section.
- A first offense will carry a minimum fine of $250.00.
- Any subsequent offenses will carry a maximum fine of $750.00 per violation.
Legal and Administrative Provisions
- Severability Clause: If a court of competent jurisdiction finds any part, sentence, or section of the ordinance to be invalid or unconstitutional, the rest of the ordinance will remain in full effect.
- Approval Timeline: The Committee of the Whole is scheduled to review the ordinance on March 10, 2026, followed by a final City Council vote expected on March 16, 2026.
- Effective Date: Upon passage, approval, and publication, the ordinance will immediately take full force and effect.
https://bataviail.community.diligentoneplatform.com/home/meeting/document/249
Author: Jim Fahrenbach
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