Concern Over Public Peeing Law: Some People Can't Help It

Officials are in favor of singling out those who violate the township through public acts of urination—but it was concern over those who may not have the ability to control themselves that kept a new public nuisance ordinance from being passed.

In a 2-2 vote Monday, the Bridgewater Township Council voted down an ordinance that would amend the township's code to add a list of nuisances concerning urination and defecation in public places.

The concern over the ordinance was not about defining the nuisances themselves, but rather the lack of exemptions included in it. Some worried that those lacking certain mental capabilities and others in similar circumstances would not be prosecuted.

"If this ordinance is absolutely necessary, I would like to carve out some delineations," said Council President Matt Moench.

The concept for the ordinance was first discussed about two years ago, when officers began to notice incidents of public urination during bicycle patrols. Bridgewater Township Chief of Police Richard Borden said the officers were seeing this as a quality of life issue, and began looking at the township's definition of improper behavior.

"Improper behavior is broad, and, for statute use, it is extremely broad," he said. "This ordinance comes from the officers seeing incidents that they didn't feel the court was addressing properly because of the broad ordinance."

So, Township Attorney William Savo said, he worked with the chief of police on a list of items that could be emphasized in an ordinance concerning handling specific nuisances. In the end, they whittled them down to urination and defecation.

"This has been ongoing," Savo said.

The ordinance as introduced July 19 created a subsection of the township's code concerning nuisances, specifically prohibiting urinating or defecating on any public  property.

Marie Avenue resident Edwin Golubiewski was prepared with suggestions for changes to the ordinance, presenting his own idea for an additional subsection that could be added to detail exemptions.

"I have a concern about seniors with bladder problems who may not be able to control themselves, or people who lack the mental competence," he said.

Basically, Golubiewski said, he would hate to see embarrassing cases in court because people of limited mental competence acted against the ordinance.

Borden said he would hope his officers would use discretion in these kinds of circumstances to best assess the situation.

Still, Moench said he had the same concern as Golubiewski.

"If we have an ordinance for improper behavior, I don't understand the need for this ordinance if the original already covers it," Moench said. "I think we should carve out criminal conduct from what is not."

Savo said these instances of public urination and defecation are quasi-criminal, and there is no proper defense for the township because the current ordinance is so broad.

Councilwoman Christine Henderson Rose agreed with Moench that she would like to see the exemptions spelled out in the ordinance.

"I would like to see more language that speaks to these exceptions," she said.

Borden said after the meeting that he believes the ordinance will now be sent back to Savo for revisions, in preparation for another presentation to the council.

"Apparently, the council thought the ordinance was too broad, but obviously we disagree, as police officers use discretion on a myriad of situations on a daily basis," he said.

Despite concerns from the council, Borden said the police would not be looking to target young juveniles or senior citizens with the new ordinance, but would just be aiming to make things more pleasant for residents.

"It is essentially a quality of life ordinance to be specifically utilized when a situation arises that requires enforcement," he said.

Some such instances, Borden said during the meeting, occurred just last weekend, with one involving alcohol and another not involving any kind of mental problem. The incidents of public urination occurred on Robert Street and in front of police headquarters.

"More of these incidents happen in spring and summer," he said.

In creating the ordinance, Borden said after the meeting, the police department looked at similar ones in nearby towns, and did extensive research on how it is handled in other areas before drafting an ordinance.

"These types of quality of life or nuisance ordinances have been common, in different versions, in other towns," he said. "They are extremely prevalent in shore communities."