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Ordinance 2001-07ORDINANCE NO. 2001-7 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 16 OF THE GILROY CITY CODE REGARDING URINATING OR DEFECATING IN PUBLIC. WHEREAS, the City Council finds and determines that the City of Gilroy (City) currently does not have any state or local laws that make it unlawful for any person to urinate or defecate on any street or in any public place within the City; and WHEREAS, the City Council further finds that this conduct is unlawful, constitutes a public nuisance and is detrimental to the public health, safety and welfare of the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I That Chapter 16, Section 16.37 entitled "Urinating or defecating in public prohibited" is hereby added to the Gilroy City Code to read as follows: "16.37 Urinating or defecating in public prohibited. It shall be unlawful for any person on any street or in any public place within the City to urinate or defecate, except at a lavatory facility. Violation of this subsection shall be a misdemeanor." SECTION II If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City council of the City of Gilroy hereby ~JH\461366.1 - 1- ORDINANCE NO. 2001-7 01-061204706002 declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION III This Ordinance shall be in full force and effect thirty (30) days ailer the date of its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 4th day of June, 2001, by the following vote: AYES: COUNCILMEMBERS: PINHEIRO, G. ARELLANO, P. ARELLANO, SUDOL, VELASCO, SPRINGER COUNCILMEMBERS: NONE NOES: ABSENT: COUNCILMEMBERS: MORALES APPROVED: Thomas W. Springer, City Clerk - ~JH~461366.1 -2- ORDINANCE NO. 2001-7 01 ~}61'204706002 I, RItONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2001-7 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of June, 2001, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of June, 2001. City Oerk of the City of Gilroy (Seal)