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Home My WebLink AboutItem 06 First Reading of an Ordinance Prohibiting Urination and Defection in Public Places City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 21, 2026 Item #: 6 Contact Name: Vincent Ogburn Department Director: Vincent Ogburn Contact Number: Ext. 3038 City Manager: Craig Shadrix Subject: First Reading of an Ordinance Prohibiting Urination and Defecation in Public Places. (Police Chief Ogburn) Background Summary: Ocoee Police officers periodically encounter situations in which individuals urinate or defecate in public places such as parks, parking areas, sidewalks, and other locations accessible to the public. These incidents create unsanitary conditions, generate complaints from residents and businesses, and negatively affect the community’s overall cleanliness and image. Without a specific provision in the City’s Code of Ordinances addressing this conduct, officers have limited options to address these behaviors clearly and consistently. This ordinance provides law enforcement with a clearly defined legal standard to address conduct that constitutes a public nuisance and threatens public sanitation. By establishing explicit definitions and prohibitions, officers will be able to respond more effectively to complaints, take appropriate enforcement action when necessary, and deter repeat behavior that diminishes the quality of life in public spaces. Additionally, the ordinance supports the Department’s broader responsibility to maintain safe, orderly, and respectful public environments throughout the city. Providing a clear local prohibition will allow officers to address these issues promptly while reinforcing community standards of cleanliness and public decency for residents, visitors, and businesses within the City of Ocoee. Issue: Should the Honorable Mayor and City Commission approve the proposed ordinance prohibiting urination and defecation in public places? Recommendations: Staff recommends the Honorable Mayor and City Commission approve the proposed ordinance prohibiting urination and defecation in public places. Attachments: 1. Ordinance 2. Business Impact Statement Financial Impacts: There is no fiscal impact to the City of Ocoee. Page 354 of 576 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: First Reading Page 355 of 576 Page 1 of 3 ORDINANCE NO. 2026- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A NEW CHAPTER 60 OF THE OCOEE CODE OF ORDINANCES TITLED, “MISCELLANEOUS OFFENSES”; PROHIBITING PUBLIC URINATION AND DEFECATION; PROVIDING DEFINITIONS; PROVIDING PENALTIES; PROVIDING FOR CODIFICATION, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City of Ocoee seeks to maintain a safe, sanitary, and orderly environment in City; and WHEREAS, the City Commission has determined that miscellaneous offenses should be codified and consolidated over time into a new chapter of the City of Ocoee Code of Ordinances titled “Miscellaneous Offenses”; and WHEREAS, this Ordinance will protect the health, safety, and welfare of the City’s citizens and businesses in accordance with the City’s police powers and Home Rule authority under Article VIII, Section 2(b) of the Florida Constitution and Florida Statutes § 166.021; and NOW THEREFORE, be it ordained by the City Commission of the City of Ocoee, Florida, that: SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct; SECTION 2. AMENDMENT TO THE OCOEE CODE OF ORDINANCES. The City of Ocoee’s Code of Ordinances is hereby amended to create a new Chapter 60, “Miscellaneous Offenses,” adopting the following underlined language: Chapter 60 – MISCELLANEOUS OFFENSES § 60.1 Urination and Defecation in Public A. Purpose and Intent The City Commission of the City of Ocoee finds that urinating or defecating in public places is offensive to public decency, constitutes a public nuisance, and creates unsanitary and unsafe conditions. The purpose of this ordinance is to preserve public order, health, and cleanliness within the City. Page 356 of 576 Page 2 of 3 B. Definitions 1. Public place means any area generally visible to or accessible by the public, including but not limited to streets, sidewalks, alleys, bridges, parks, playgrounds, plazas, parking lots, driveways, buildings open to the public, and areas that serve food, drink, or provide entertainment. The term shall also include doorways, entrances, and the grounds surrounding buildings or dwellings visible from a public right-of-way. 2. Urinate means to discharge urine from the human body. 3. Defecate means to discharge fecal matter from the human body. C. Public Urination and Defecation Prohibited It shall be unlawful for any person to urinate or defecate in or upon any public place or upon the private property of another without the property owner's consent, except in a restroom or facility designated and set aside for that purpose. D. Enforcement and Penalties 1. Any person violating any provision of this chapter shall, upon conviction, be punishable as provided in § 1-12 of Chapter 1, General Provisions, Article 11, of the Code of the City of Ocoee. 2. Each act constituting a violation shall be considered a separate offense. 3. Officers of the Ocoee Police Department are authorized to enforce the provisions of this ordinance. SECTION 3. CODIFICATION. This ordinance shall be codified in the Code of Ordinances of the City of Ocoee, Florida. Any section, paragraph number, subsection number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance or City Code may be freely made. SECTION 4. CONFLICTS. In the event of any conflict between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. Page 357 of 576 Page 3 of 3 SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption by the City Commission of the City of Ocoee. PASSED AND ADOPTED this ___ day of _____________, 2026. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _________________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON ____________, 2026 UNDER AGENDA ITEM NO._________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AND APPROVED AS TO FORM AND LEGALITY this ___ day of _____________, 2026. FISHBACK DOMINICK By: ______________________________ Richard S. Geller, City Attorney Page 358 of 576 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐The proposed ordinance is required for compliance with Federal or State law or regulation;☐The proposed ordinance relates to the issuance or refinancing of debt;☐The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget;☐The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government;☐The proposed ordinance is an emergency ordinance;☐The ordinance relates to procurement; or☐The proposed ordinance is enacted to implement the following: a.Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b.Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c.Section 553.73, Florida Statutes, relating to the Florida Building Code; or d.Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. Page 359 of 576 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): 2.An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any): Page 360 of 576