Thursday, August 17, 2006

New Law a Mistake?
Yet Another New Law Passed
proposed by Bradford R. Jerbic, City Attorney

Edited: August 18, 2006

Another law HAS been passed. And another law was passed "by mistake."

According to the today's Las Vegas Review Journal: Asked about the sleeping-near-feces provision on Thursday, Las Vegas City Attorney Brad Jerbic said it got into the ordinance by mistake and will not be enforced.

"We were reviewing all park rules, including sleeping, camping and a number of other things people associate with parks," he said. "The decision, by me, was to take this (provision) out of the defecation/urination bill and look at it with respect to park rules in general. It was my mistake that it didn't come out."

The law has already been signed by Mayor Oscar Goodman. But Jerbic said city officials will contact law enforcement personnel and tell them not to enforce it.

"They don't enforce it until we train them to, anyway," Jerbic said.

The ordinance will be revised to eliminate that provision and appear on the Sept. 6 council agenda, he said.

Jerbic said that provision probably will reappear later, however, as part of new park-related ordinances governing where it is appropriate to sleep or camp.

Mom's Comment: The following article was printed in today's (August 17, 2006) Las Vegas Review Journal. However, if you go to the City of Las Vegas Official Website, you will notice that there is also ANOTHER law.

For purposes of this section:

(1) "Appropriate sanitary facility" means a urinal, toilet, commode or other facility that accomodates or is designed for the sanitary disposal of human bodily fluids or waste and that is enclosed from public view.

(2) "Public place" means any walkway, street, highway, sidewalk, bridge, overpass, alley or alleyway, plaza, park, driveway, transportation facility, park, recreational area, parking lot, vacant or underdeveloped lot or the stairwells, alcoves, doorways and entrance ways to such places.

Bill No. 2006-40 also states: It is unlawful for any person to knowingly establish, maintain or fail to relocate a temporary, portable or open sleeping quarters within five hundred feet of any deposit of vomit, urine or feces, other than a deposit in an appropriate sanitary facility, in any of the following places: (1) Any public place; or (2) Any private property into or upon which the public is admitted by easement or license.

...misdemeanor...punished by a fine of not more than $1000.000 or by imprisonment for a term of not more than six months, or by any combination of such fine and imprisonment.


Ordinance bans public defecation, urination

The Las Vegas City Council unanimously passed a new ordinance Wednesday that outlaws public urination and defecation.

The ordinance was drawn up after judges ruled a previous ordinance was unconstitutional.

The new law makes it a misdemeanor to go to the bathroom in a public place, unless it's in an "appropriate sanitary facility."

The maximum penalty is six months in jail and a $1,000 fine.

City marshals used to rely on a law banning "immodest, improper or indecent behavior" to crack down on public urination and defecation, but Las Vegas Municipal Judge Abbi Silver ruled the law was too broad and unconstitutional. District Judge Lee Gates agreed, and the ordinance was thrown out.

The new law originally included a ban on public vomiting, but the council removed that provision at Wednesday's meeting.

No comments: