Excreting in El Cerrito may become legal

Pity the poor dogs of El Cerrito — at least those who go for walks.

It has long been illegal for dogs in the northern California city to have a bowel movement, unless they — and by that we mean both dog and bowel movement — were in their own yard.

At least it was until yesterday.

The city council was expected to approve last night a proposal to change the old law, amending it to allow dogs to “excrete” off the dog owner’s property — as long as the person in possession of the dog cleans it up.

The old law was never enforced, but city staff apparently thought it needed to be revamped to better fit modern times, according to Patch.com.

Under the city’s muncipal code, it was illegal for anyone in possession of a dog to allow it to engage in “excreting on property other than that of its owner.” Under the revised ordinance, scheduled for a vote last night, it would only be illegal if a dog’s owner failed to clean it up

We are assuming, by excretion, they mean what is more scientifically called No. 2. If not, and owners are now expected to clean up No. 1, or urine — and it too is excreted, at least according to my dictionary —  that could be even more problematic than the old law.

Here’s how the old law read:

It is unlawful and shall constitute a nuisance per se for any person having possession of any dog to permit the same to disturb the public peace and welfare by barking, teasing other pets or animals, jumping fences, spilling garbage cans, excreting on property other than that of its owner, giving birth on the street, lying on the sidewalk so as to block it, burying objects of any sort on property other than that of its owner, or running loose on school property.

The new law still uses the term “excrete,” which, for clarity’s sake probably should have been updated as well. Perhaps an excess of discretion led to using “excretion.”

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