OT: anyone know CA law on "urinating in public", got a ticket last night ... Options

[SirAndy]

so, on my way to the car after a show last night i stop in a dark (and empty) alley to get rid of some of the "water" i had consumed during the show.
while i mind my own business peeing on a fence (that has obviously been used for this kind of thing before), someone puts a flashlight on me.

the cops. great ... (IMG:http://www.914world.com/bbs2/html/emoticons/mueba.gif)

"can i at least finish?" i ask ...
he's cool with that and proceeds to call in for backup. (IMG:http://www.914world.com/bbs2/html/emoticons/confused24.gif)

so now i have this "notice to appear" in court, cop said he didn't know how much it's going to cost me.

now my real question is, i have heard rumors that such an offense ("urinating in public") is treated as "indecent exposure" here in CA and can get you on the states "sex offenders" list. (IMG:http://www.914world.com/bbs2/html/emoticons/ohmy.gif)

anyone know for sure if there's any truth to that?
(IMG:http://www.914world.com/bbs2/html/emoticons/unsure.gif) Andy

[merrill]

I have no idea how much it will cost (IMG:http://www.914world.com/bbs2/html/emoticons/confused24.gif) But I do know that it is up to the officer and how the ticket was written. He wrote you for urinating in public, not indecent exposure which was at his discretion. He could have hit you for both.

[sj914]

Hope this helps

"314. Indecent exposure
Every person who willfully and lewdly, either:
1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,
2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year. Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison. "

[SirAndy]

QUOTE (merrill @ Jul 16 2005, 12:48 PM)

He wrote you for urinating in public, not indecent exposure which was at his discretion.

i see ...

the ticket says "153(a) MPC, urinating in public" ...

is there any way i can look this number up somewhere?
(IMG:http://www.914world.com/bbs2/html/emoticons/cool.gif) Andy

[sj914]

It sounds like they cited you for a municipal violation. Depending on the city it's either an infraction or a misdeameanor.

[sj914]

What city were you in?

[spare time toys]

What was the cop doing there? Did you hear a zipper before the light came on (IMG:http://www.914world.com/bbs2/html/emoticons/huh.gif) can we get a cop peeing on a fence smiley

[aircooledboy]

Pretty similar to the law in Illinois. You weren't in a place where you were reasonably likely to be seen by others, so Indecent exposure doesn't really apply. I don't know what MPC stands for, but it is probably a municipal code. If so, your ticket is for an "ordinance violation", which carries the same implications as a parking ticket. Make sure before you resolve it, but if it is an ordinance, it is no big deal. (IMG:http://www.914world.com/bbs2/html/emoticons/beerchug.gif)

[SirAndy]

QUOTE (sj914 @ Jul 16 2005, 12:57 PM)

What city were you in?

Mission District in San Francisco. Mission @ 17th to be exact.

it was well after midnight and the alley was empty.
it's not like there are any public bathrooms in that area either.

just looked at the notice again, he circled "I" so i guess that means Infraction ...

might not be that bad after all.
(IMG:http://www.914world.com/bbs2/html/emoticons/beerchug.gif) Andy

[brer]

go with the free speech defense.

tell them you had just seen a bunch of environmentalists and you felt like expressing your distaste for the earth by urinating on it. Being drunk just made you more inclined to indecent expression of your ideals.

worked for a friend of mine.

[Mark Henry]

I hate cities...I have 23 acres of urinial here (IMG:http://www.914world.com/bbs2/html/emoticons/biggrin.gif)

Was it just a set fine?

Bring a lawsuit against the city for not providing enough public restrooms...bet the ticket would vanish. (IMG:http://www.914world.com/bbs2/html/emoticons/wink.gif)

[SirAndy]

found it:

QUOTE

San Francisco Law: Article 2 Section 153 Prohibit Public Urination and Defecation a. It shall be unlawful for any person to deposit or cause to be deposited any human urine or feces upon any public or private highway or road, including any portion of the right~of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public property other than property designated or set aside for that purpose. b. Penalty. Any person who shall violate the provisions of this Section shall be guilty of an infraction, the penalty for which shall be a fine which shall be not less than $50 nor more than $500.

[SirAndy]

QUOTE (brer @ Jul 16 2005, 01:12 PM)

Being drunk just made you more inclined to indecent expression of your ideals.

i don't think the "i was drunk" defense is a gud idea ...

after all, the cop asked me how much alcohol i had consumed and i told him "a couple of beers" and let me drive home ...
(IMG:http://www.914world.com/bbs2/html/emoticons/cool.gif) Andy

PS: just to clarify, i was *not* drunk, i had only 3 or 4 beers starting at 7pm and it was almost 1 am when i got the ticket ...

[merrill]

Them's peanuts as long as they stay near the minimum $50. That's an expesive rest stop (IMG:http://www.914world.com/bbs2/html/emoticons/wink.gif)

[markb]

QUOTE (sj914 @ Jul 16 2005, 11:56 AM)

It sounds like they cited you for a municipal violation. Depending on the city it's either an infraction or a misdeameanor.

(IMG:http://www.914world.com/bbs2/html/emoticons/agree.gif)

Just show up for court if it's a high bail amount on the letter they'll send you, and look properly repentant, and the Judge may lower the bail to a reasonable amount. If it's a low bail amount on the letter, pay the sucker & call it good.

[SLITS]

Was the address #4 whatever Street?

[pete-stevers]

cops...hmmm .... why ticket a guy who is not really doing any harm to any one, who is not hanging it out for the world to see, why even waste the paper it takes to write the infraction, is there not more presssing issues to deal with in our society, Canadian or American......why harrass practically inocent citezens, heck when was the last time Arny took a wiz by the road side?
injustice!...... probably a green, green cop (IMG:http://www.914world.com/bbs2/html/emoticons/screwy.gif)

[cooltimes]

1st, respect the law. They write these laws for a reason beyond the fines.
A good idea is to carry an empty soda pop bottle in the car with you.
When the urge happens, fill it up in your car and later dispose of it properly at home.
No matter the time of day, in 2005 and forward, somebody is probably going to be watching you/me/us/them/all.
My guess is it must be one of those traffic light type cameras that are now being used in all areas of all cities. Not being paranoid. It was in the local paper telling how most major cities in America are using hidden camera to watch public places for signs of terrorism and/or those engaged in any unlawful acts. Some call it spying on the public. How else did they just happen up on you? However, in SF, gmaybe they have a lot of that exposure thing going on and is a good source of continuing revenue.
Could have been worse. Maybe someone who wasn't a policeman.

Mike

[TravisNeff]

If you have a court date, be respectful and tell them the truth about having to go pee now! and there was no restroom to do so, you did your best to keep out of sight for yourself and for others.

Oh, btw that is a pisser. Someone had to say it.

[xitspd]

Andy,

Just tell the court that you had to go and found the best place to do it at that moment. There was on other choice. It was a biological phenomenon. If they are not understanding, tell them to (IMG:http://www.914world.com/bbs2/html/emoticons/pissoff.gif)