Del Mar Municipal Code Ch. 9.36 Elimination of Human Waste in Public Rights-of-Way and Public Places

The presence of persons who are exposed to public view while urinating and/or defecating in a place open to the public, in or on public rights-of-way, public parks, public beaches or any other public land or facility, or in or on any private property open to public view from any public right-of-way, public park, public beach or other public land or facility, is offensive to members of the general public exposed to such persons. Urination and/or defecation in a public place shall be prohibited. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, safety, and general welfare of all persons in the City of Del Mar.

(Ord. No. 790)

Public Right-of-Way shall mean any place of any nature which is dedicated to use by the public for pedestrian, vehicular or other travel, or for other public use, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, beach, beach access, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, bluff, hiking trail, viaduct, drainage channel, storm water channel, canal, subway, tunnel, bridge, thoroughfare, square and any other similar public way.

It is hereby declared a public nuisance and unlawful for any person to urinate or defecate in a public right-of-way, or any place open to the public, or in or on any private property open to public view from any public right-of-way, public park, public beach or other public land or facility. The prohibitions in this section shall not apply to urination or defection which is done in any fixture provided for such purposes in any restroom or other facility designed for the sanitary disposal of human waste.

A violation of this section shall be punishable as either an infraction or a misdemeanor or by civil administrative citation, in accordance with DMMC Chapter 1.08.