Dacorum Borough Council have doubled down on their assertion that urination constitutes as littering.
In 2023, the council issued more than 2,600 Fixed Penalty Notices for littering offences, including 785 for urinating.
Michael Mason, who suffers from a prostate problem, recently had his fine for weeing on an A41 layby near Kings Langley overturned.
The case sparked debate, with the incident being discussed on BBC Three Counties Radio, and lawyer Nick Freeman stating, “It’s simply a matter of law, [weeing] is not litter.”
Whilst DBC rescinded Mason due to his “weak prostate”, the council have announced they will be continuing to fine people if they are found to be urinating along the A41.
The council stated: “We have taken action against the continuing scourge of littering and fly-tipping along the A41 dual carriageway. This includes tackling the impact of urinating and human defecation in lay-bys, which creates an unpleasant experience for drivers wishing to stop for a rest, to care for children or for emergencies – the purpose for which the lay-bys are intended.
“Fixed Penalty Notices are issued for urinating in public lay-bys, along a busy stretch of the A41 dual carriageway, and not “wild wees” in woodlands or countryside.
“We have sought independent legal advice on the use of littering FPNs for urination, as have many other councils, and we are satisfied that urination can be covered by the relevant legislation.
“We acknowledge that each case, and resulting FPN, has to be assessed on its own merits. We take account of the specific location and any particular characteristics of the individual involved. This process has resulted in FPNs being rescinded in specific circumstances, including medical conditions.”
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