(1) Definitions.
(a) Private Property Used to
Accommodate the Public. Any building, structure, equipment or other
thing,
[93] including the land upon which it is
situate, abutting premises that are used incidentally for the accommodation of
the public, including the sidewalks and streets adjacent
thereto.
(b) Public Right-of-Way. All public streets, parks, alleys,
passageways, sidewalks, steps and other corridors through which vehicles or
persons may travel, including motor vehicles parked within such
right-of-way.
(2) Prohibited Conduct. It shall be unlawful for any
person to urinate or defecate on any public right-of-way, underground platform
or concourse, elevated platform serving public transportation facilities,
underground or elevated passageways used by the public, railroad or railway
passenger stations or platforms, or on the steps leading to any of them, or on
any private property used to accommodate the public, or on any private property
without the permission of the owner.
(3) Penalties.
(a) The
penalty for violation of § 10-609(2) of this Chapter shall be a fine of
three hundred dollars
($300).
[94] (b) Notwithstanding the
foregoing, any person to whom a ticket is issued may, within eight (8) days of
receipt, pay fifty dollars ($50) in lieu of contesting the violation and in lieu
of any other fines or penalties. The ticket shall contain an appropriate notice
to the recipient of his or her right not to contest the violation and
appropriate instructions and procedures for payment, as prescribed by the
Director of Finance.
(4) Enforcement.
(a) Any person authorized
to enforce ordinances may issue a ticket to any person in violation of this
Section, pursuant to the procedures set forth in § 10-1606. Contested
charges shall be resolved, fines shall be imposed, and payments shall be
collected and processed by the Director of Finance and the Bureau of
Administrative Adjudication, all pursuant to the procedures set forth in
§§ 10-1604 through 10-1609. Upon a finding of violation, the Bureau of
Administrative Adjudication may issue an Order permitting the violator to
perform appropriate community service in lieu of payment of any
fine.
(b) No enforcement activity shall target homeless persons in a
discriminatory manner.