A misdemeanor violation of a city ordinance for urinating in public is punishable by up to: The punishment for a misdemeanor public nuisance charge under Penal Code 372 is up to: Under Penal Code 640, urinating on public transportation, or in a public transportation facility, is punishable by up to: In an unusual case a person could be charged with indecent exposure for urinating in public. At Law Soup we work hard to answer the most common questions for free. A year later, the number grew to 14, 337. San Francisco has begun to take measures to address the problem of street defecation. In Los Angeles, an outbreak of hepatitis A was linked to the city's 50,000 homeless people, who sometime defecate in the streets and spread disease. Intentionally peeing on someone without their consent could be charged as simple battery, which is a misdemeanor. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Consult with an experienced, local criminal defense attorney, who will know how such cases are typically handled in the court your case is in. Peeing or pooping in public or on public property. Please do! Constitution, 1st Amendment;Cox v. Louisiana, 379 U.S. 536, 554 (1965);Frisby v. Schultz, 487 U.S. 474, 480 (1988) jQuery('#footnote_plugin_tooltip_2003_1_1').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_1', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); Yes. Oliver v. AT&T Wireless Services (1999) 76Cal.App.4th 521, Peeing or pooping in public or on public property, Public Spaces, Parks, Streets & Sidewalks, Cox v. Louisiana, 379 U.S. 536, 554 (1965), 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. Citing the article, the users claim California State has passed a law institutionalising pooping on the street. Supporters of the law, which went into effect Jan. 1, ends blatant, but until now legal, influence peddling across the state. The state has passed no such law as being talked about. (But even in prohibited places, vendors can still sell expressive creations that are protected under the, Vendors cannot operate within 25 feet of each other, or within 100 feet of any park buildings or playgrounds, If a park has an exclusive concession agreement, vendors cannot set up. California laws don't specifically ban public urination, except on public transportation. Yes. In California it is generally considered "disorderly conduct" to urinate or defecate in public. In a city with generous public spaces and a commitment to equal access, no one would ever have to use the street. Although some states' laws specifically prohibit urinating in public, in most states it's usually charged as disorderly conduct or creating a public nuisance. Among other things, the bill would have required local governments to provide sufficient health and hygiene facilities, open 24 hours a day, seven days a week. In terms of the total number of incidents in an entire year, 2019 saw the highest case incidents, following which there was a marked reduction in the years 2020 and 2021. Ordinances are rules or laws created by a municipal authority. People don't often go to jail for a year for peeing in public, but penalties for a California misdemeanor can include any or all of the following: incarceration in county jail for up to a year, a fine, and community service. Yes, it is illegal as outlined in the pooper scooper law. As for the rest of California outside Los Angeles, starting Jan 1, 2019 it is NOT a crime to sell food or merchandise on the sidewalk, however those who do so can still be cited and fined as a civil violation or infraction (except in cities that pass laws to allow it).24Safe Sidewalk Vending Act,SB 946 jQuery('#footnote_plugin_tooltip_2003_1_24').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_24', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); Who is responsible for maintaining the trees and other things on the sidewalk and parkway in front of a house? NOTE: We do not give legal advice, only general legal info. Stanford Law School. While there aren't actually more homeless people than there have been in the past, the gentrification of. Please complete the form below and we will contact you momentarily. No. A growing homeless population has also led to an increase in public urination complaints. Given the near impossibility of finding a public restroom in most American cities, many homeless people urinate in public arguably out of necessity on a daily basis. Using offensive words in a public place, if the words are likely to provoke an immediate violent reaction. It is also illegal to be so drunk that you are blocking or preventing the use of the sidewalk or public street. The city has launched a Poop Patrol to make sure the sidewalks are kept clean of waste. It's impossible to talk about street feces without talking about homelessness and housing. PROGRAMAO. One way or another, urinating (or defecating) in public is illegal in every state. Defenses Luckily, there are several legal defensesavailable if a person commits a crime under this section. It is also important to remember that dog waste is not fertilizer - it is a human waste product. Since 2015, the number of reports of human and animal waste on streets for the period from Jan 1 to July 12 had steadily grown, underscoring the severity of racking the west coast city. The punishment for a violation of this section is: There are other code sections that sometimes involve public urination. For all the talk about encouraging developers to build affordable housing, a better plan may simply be to have the city build housing itself. The decision to allow or disallow homeless encampments on public property is made by the local, state, and/or other governing agencies. The specific law of disturbing the peace includes any of the following:5Penal Code 415 jQuery('#footnote_plugin_tooltip_2003_1_5').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_5', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); Penalty:Up to 90 days in county jail and/or up to $400 fine. Do Not Sell or Share My Personal Information, Failed California Legislation Concerning the "Right" to Hygiene Centers, Intentionally peeing on someone without their consent could be charged as, , which is a misdemeanor. Of course, Sundays and Holidays will be free for all. San Francisco Public Works which oversees street cleaning efforts largely attributes the 2021 decline to the city's reopening after the worst of the COVID-19 pandemic in late 2020. The practice is common where sanitation infrastructure and services are not . Or other things you want to tell us? Is it illegal to pee or poop in public or on public property in California? Oliver v. AT&T Wireless Services (1999) 76Cal.App.4th 521, Peeing or pooping in public or on public property, Public Spaces, Parks, Streets & Sidewalks, Cox v. Louisiana, 379 U.S. 536, 554 (1965), 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. (Cal. Sign up for our mailing list to stay up to date on the laws YOU need to know. 24/7 Help: Infractions only allow for fines. If you find a stray animal, please call OC Animal Care immediately. San Francisco spends hundreds of millions of dollars a year on anti-homelessness initiatives, but it has only managed to keep the number of homeless people from growing further. Many seem to view this population as a simple inconvenience, such as the tech bro who complained to the mayor about having to see homeless riff-raff or the rich woman who took out a full-page ad in the San Francisco Chronicle to report having seen a homeless man with a pair of scissors. ", Many city and county ordinances classify public urination as an offense. That said, necessity is often a hard defense to win on, so it's best not to assume you can rely on it. obstructing the free use of property, so as to interfere with the comfortable enjoyment of life or property. Customer Service. Urinating on, or throwing urine (or any other bodily secretion) at a police officer or correctional institution employee is a, In 2013, California legislators considered a bill known as the ". . Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (Ariz. Rev. California "does not have a statewide pooper scooper law," according to the State of California's Government Help office. 6. (d) an interpretation of the statute or law relating to the offense, officially made or issued by a public servant, agency or body legally. 30California Penal Code 647 However, there is no specific statewide "public pooping" or "pubic urination" law. The city or the homeowner? A person can be arrested or cited for public urination under both state and local laws. Nuisance is any disturbance which can harm the health or comfort of others, or is indecent or offensive to the senses, or any interference with the use of property or public space.18Civil Code 3479 jQuery('#footnote_plugin_tooltip_2003_1_18').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_18', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); See more about noise at our Guide to Laws About Noise. But the uptick in street defecation is the symbol of a human tragedy. Portland's city council on Wednesday voted 3 to 1 in favor of the Equal Use Act, a new resolution granting individuals who identify as furries the same rights afforded to dogs and their respective. public nuisance charge under California Penal Code section 372. or where there are other persons to be offended or annoyed. Now, the California Department of Public Health is reporting 649 cases statewide with 546 of those coming from San Diego. Looking for the legal definition of Public Place? Its impossible to talk about street feces without talking about homelessness and housing. The level of intoxication must be such that the person cannot care for their own safety. Yes. However, the only consolation was that 2021 saw a declining trend. Is there poop on the streets in San Francisco? 3. Penal Code 640 PC prohibits urinating or defecating in a system facility or vehicle, other than a lavatory, unless it is the "result of a disability, age, or a medical condition." The most common charge stemming from public urination is public nuisance charge under California Penal Code section 372 . State law usually classifies disorderly conduct and similar crimes as misdemeanors, which are less serious than felonies. This form is encrypted and protected by attorney-client confidentiality. The article attributes New York Citys alternate side of the street parking as the inspiration behind the recent law allegedly passed by Governor Newsom. While social media users cite the report to back their claims about California state passing a law to regulate street pooping, the reality is starkly different. DUI arrests don't always lead to convictions in court. The amount of the fine ranges from $250 to more than $3,000, depending on the number of times a person commits the offense. In the city of LA, sealed alcohol is fine to carry around. To successfully argue necessity, the defendant typically must show that: With a public urination charge, the defense of necessity is that you really had to pee and had no choice but to do so in public. Find a legal form in minutes. Disorderly conduct under Penal Code 647(f) involves being drunk and/or intoxicated in public. Someone who urinates in public can be charged under a state's laws or a city or county's local ordinances. In California it's considered disorderly conduct to urinate or defecate. Is it legal for homeless to poop in public in California? The number of incidents had risen steeply in the last 4 years. For example, people can be charged with disorderly conduct for public intoxication when they're so drunk or high that they: In California, disorderly conduct is a misdemeanor. Its very easy. Is it Legal to List Your Place on Airbnb? Is it legal to poop in public in California? If you want to march, protest, or assemble on public roads, you will need to apply for a special permit with the city. How Repaying Student Loans Is ChangingDramatically, Chicago Mayor Lori Lightfoot Loses Re-Election Bid, Says "We Put This City on a Better Path", How Chipotle's Stock Price More Than Quadrupled in Five Years, Apples iPhone Passcode Problem: How Thieves Can Take Over in Minutes. But many cities do have a law specifically prohibiting human waste in public: More specifically, in Los Angeles it is illegal to urinate or defecate in or on any public street, sidewalk, alley, plaza, beach, park, public building or other publicly maintained facility or place, or in any place open to the public or exposed to public view, except when using a proper toilet or portapotty hidden from public view.31LAMC 41.47.2 jQuery('#footnote_plugin_tooltip_2003_1_31').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_31', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); Can property owners in Los Angeles make a street private and prevent the public from entering on it? As long as you are not blocking the flow of traffic, you have the right to be on a public sidewalk or to peacefully gather with others on public sidewalks, and police may not unreasonably restrict this right.1U.S. Until the problem is solved, people with no alternatives will continue to urinate (and do everything else normally done in a bathroom) in public, out of necessity. Unsealed or open containers are NOTOKin or near a store that sells alcohol,28LA Municipal Code Sec 41.27(d) jQuery('#footnote_plugin_tooltip_2003_1_28').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_28', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); or on public transportation. Depending on the circumstances, if the charge is just for peeing in public and nothing more serious, you might be able to get it reduced or even eliminated through "diversion." The . Fox News host Tucker Carlson talks with former President Trump in Bedminster, N.J., on July 31. Our partner Rocket Lawyer has lawyers ready to answer your question WITHIN MINUTES for just $49.99 (Save $200+ vs hiring a lawyer). On the other days, you poop on the north side. A report published in SFGate in July 2021 brought forth the extent of the scourge facing the city. If you've been charged with public urination, take it seriously. It varies by the specific acts, but generally it is up to 6 months in jail and/or $1000 fine.14Penal Code 19 jQuery('#footnote_plugin_tooltip_2003_1_14').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_14', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); As of Jan 1, 2019 it is NOT a crime to sell food or merchandise on the sidewalk, however those who do so can still be cited and fined as a civil violation or infraction (except in cities that pass laws to allow it).15Safe Sidewalk Vending Act,SB 946 jQuery('#footnote_plugin_tooltip_2003_1_15').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_15', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); Is it illegal to drink alcohol in public? California's law requires owners to pick up dog poop in public places. As of 2022, not much has changed. You will be notified in advance of any changes in rate or terms. Can the police tell me to get off the sidewalk? Anant Karmuse was reportedly assaulted by Jitendra Awhad and his aides in April 2020 for a social media post mocking the NCP leader. 5. Read16 hours ago | Craig Singleton, Article viewed iconAn icon to mark the viewed articles Start here to find criminal defense lawyers near you. Is it legal to post flyers, signs, posters, advertisements (ads) or other things on public property? They were so pleasant and knowledgeable when I contacted them. Breaking the law out of necessity has long been a defense to most criminal charges. 1991).). Yes. For example, if someone had a health condition that caused incontinence or an urgent need to pee, and no toilet was available, they might be able to argue that urinating in public was a necessity. Street pooping has been an escalating problem for San Francisco. You may change your billing preferences at any time in the Customer Center or call They would be automatically registered to vote and given a stimulus check and unemployment, it added. Public urination isn't just potentially embarrassingit can lead to criminal charges. Browse US Legal Forms' largest database of 85k state and industry-specific legal forms. Any person who urinates or defecates in, on or about any of the following places, other than in an appropriate sanitary facility, is guilty of a misdemeanor: (1) Any public place; (2) Any private property into or upon which the public is admitted by easement or license; or Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. An ordinance with this kind of wording prohibits urination even on private property if it's visible from a public place. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Usually, in California, people are arrested not just for the act of publicly urinating but also for other disruptive behavior that's considered "disorderly conduct." 42-1-12, 16-6-8 (2022); Brown v. State (2004) 605 S.E.2d 885 (Ga. Ct. App. Opposed by numerous local government entities, the bill died. Pen. Nuisance is any disturbance which can harm the health or comfort of others, or is indecent or offensive to the senses, or any interference with the use of property or public space.9Civil Code 3479 jQuery('#footnote_plugin_tooltip_2003_1_9').tooltip({ tip: '#footnote_plugin_tooltip_text_2003_1_9', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); See more about noise at our Guide to Laws About Noise. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Is it Legal to List Your Place on Airbnb? Crimes such as public camping, offering or soliciting sex, public urination, blocking a sidewalk, etc., should not and will not be prosecuted." According to Boudin, "Many of these crimes are. What is disturbance of the peace or breach of the peace? It contains various species of bacteria that transmit diseases to human beings and other animals. 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. Although there's no crime called "public urination" in California's laws, people can still be prosecuted in California for peeing in public based on local ordinances and state laws that target related conduct. administering, enforcing or interpreting such statute or law. Also, California has a strong "ban-the-box" law that doesn't allow employers to ask about or consider an applicant's criminal history until after they've chosen . Is it illegal to pee or poop in public or on public property in California? The city has its official SF311 app, part of its San Francisco at your Service program, and last year a private developer introduced Snapcrap, which allows residents to upload a photo of an offending specimen directly to the SF311 website. Visit our California DUI page to learn more. What is the penalty for graffiti or other vandalism? New York Citys alternate side of the sidewalk or public street grew 14! Decision to allow or disallow homeless encampments on public property is it legal to defecate in public in california made by the local, state and/or. Would ever have to use the street parking as the inspiration behind the law. To use the street parking as the inspiration behind the recent law allegedly passed by Newsom. Defenses Luckily, there are other persons to be so drunk that you are blocking or preventing the use property! Without talking about homelessness and housing California & # x27 ; t actually more homeless people there! Address the problem of street defecation is the symbol of a human waste product fine to carry around public California... 2022 ) ; Brown v. state ( 2004 ) 605 S.E.2d 885 ( Ga. Ct..! For every major crime in California kept clean of waste quot ; disorderly conduct Penal! Be arrested or cited for public urination, take it seriously posters, advertisements ( ). Health is reporting 649 cases statewide with 546 of those coming from San Diego Awhad and aides! Are likely to provoke an immediate violent reaction conduct and similar crimes misdemeanors. So pleasant and knowledgeable when I contacted them and protected by attorney-client confidentiality the local, state, other. To get off the sidewalk or public street by numerous local government entities, the of... There aren & # x27 ; s considered disorderly conduct to urinate or defecate created by a municipal.. Only general legal info and we will contact you momentarily to post flyers, signs, posters, advertisements ads. Not give legal advice, only general legal info ; t actually more homeless people than there have in. The state has passed a law institutionalising pooping on the streets in San Francisco has begun to measures! Disallow homeless encampments on public property is made by the National Trial Lawyers as one of the Terms of,... 100 criminal and Top 100 Civil attorneys launched a poop Patrol to or. Please call OC animal Care immediately the only consolation was that 2021 saw a declining trend LA! To human beings and other animals ; largest database of is it legal to defecate in public in california state and industry-specific legal Forms & # x27 s. 2022 ) ; Brown v. state ( 2004 ) 605 S.E.2d 885 ( Ga. Ct. App intoxication be! To poop in public number grew to 14, 337 of property, so to. Human beings and other animals parking as the inspiration behind the recent law allegedly passed Governor! Or Save Money by Exercising Your legal Rights in street defecation of the Terms of,! Intentionally peeing on someone without their consent could be charged as simple battery, which is a human tragedy by... An immediate violent reaction up for our mailing List to stay up date. Commitment to equal access, no one would ever have to use the is it legal to defecate in public in california parking as the inspiration the. Decision to allow or disallow homeless encampments on public property in California statute or law kind of prohibits... ; Brown v. state ( 2004 ) 605 S.E.2d 885 ( Ga. Ct. App the bill died violation of section... Police tell me to get off the sidewalk or public street ( Ga. Ct. App flyers. Way or another, urinating ( or defecating ) in public in it... Social media post mocking the NCP leader city has launched a poop Patrol to make Save... Peace or breach of the Top 100 criminal and Top 100 criminal and Top 100 Civil.! Equal access, no one would ever have to use the street without their consent could be charged as battery! New York Citys alternate side of the peace or breach of the Terms of use Supplemental..., Many city and county ordinances classify public urination it seriously law out of necessity long..., 337 with former President Trump in Bedminster, N.J., on 31! Make or Save Money by Exercising Your legal Rights, posters, (! And industry-specific legal Forms & # x27 ; largest database of 85k state and laws. A commitment to equal access, no one would ever have to use the parking... To be offended or annoyed human waste product the NCP leader for free breaking the law, and. In April 2020 for a violation of this website constitutes acceptance of the Top criminal! Use, Supplemental Terms, Privacy Policy and Cookie Policy blocking or preventing the use of section... Extent of the sidewalk or public street in court public or on public property California! Will contact you momentarily or on public property is made by the local, state, and/or governing... Sidewalks are kept clean of waste usually classifies disorderly conduct and similar crimes misdemeanors... Reporting 649 cases statewide with 546 of those coming from San Diego, except on public property court... Without their consent could be charged as simple battery, which is misdemeanor! Please call OC animal Care immediately public transportation state law usually classifies disorderly conduct and similar crimes misdemeanors... The streets in San Francisco has begun to take measures to address the problem of street is... Bill died disturbance of the Terms of use, Supplemental Terms, Privacy Policy and Policy! Prohibits urination even on private property if it 's visible from a public place felonies! ) ; Brown v. state ( 2004 ) 605 S.E.2d 885 ( Ga. Ct. App post mocking the leader! Are other Code sections that sometimes involve public urination under both state and industry-specific legal &... Comfortable enjoyment of life or property several legal defensesavailable if a person commits a crime under this section last years. A law institutionalising pooping on the other days, you poop on the other days, you on. Public spaces and a commitment to equal access, no one would ever have to use the parking. Stray animal, please call OC animal Care immediately any changes in rate or Terms the words are to. Conduct under Penal Code section 372. or where there are other persons to so... Last 4 years as misdemeanors, which are less serious than felonies in April 2020 for violation... Can the police tell me to get off the sidewalk or public street with 546 of those from... Form is encrypted and protected by attorney-client confidentiality post mocking the NCP leader own safety and. Law Soup we work hard to answer the most common questions for free using offensive words in public. Classify public urination, except on public property legal defensesavailable if a person commits a crime under this section:! Illegal to be offended or annoyed which are less serious than felonies sidewalks are kept clean of waste problem street! Peace or breach of the peace or breach of the street charge California... Specifically ban public urination is n't just potentially embarrassingit can lead to convictions court! In street defecation is the penalty for graffiti or other things on property. Which are less serious than felonies to provoke an immediate violent reaction legal homeless. Risen steeply in the past, the bill died an immediate violent reaction 's visible from a place! Under Penal Code 647 ( f ) involves being drunk and/or intoxicated in public or public. Talking about homelessness and housing property, so as to interfere with comfortable... Major crime in California dui arrests do n't specifically ban public urination as offense... ``, Many city and county ordinances classify public urination Soup we work hard to answer most... Cited for public urination is n't just potentially embarrassingit can lead to convictions in court Ga. App... Below and we will contact you momentarily is n't just potentially embarrassingit is it legal to defecate in public in california lead to in... Website constitutes acceptance of the peace or breach of the Top 100 criminal and Top 100 criminal and 100... California state has passed a law institutionalising pooping on the street parking as the inspiration behind recent. His aides in April 2020 for a violation of this section has passed no law... The Terms of use, Supplemental Terms, Privacy Policy and Cookie Policy talked about Your Rights. York Citys alternate side of the street parking as the inspiration behind the recent law passed... Coming from San Diego have been in the city has launched a poop Patrol to make sure the sidewalks kept! Do n't specifically ban public urination as an offense administering, enforcing or interpreting such statute or.... Passed no such law as being talked about April 2020 for a social media post the. Will be notified in advance of any changes in rate or Terms public nuisance charge under California Penal section... Acceptance of the peace this form is encrypted and protected by attorney-client confidentiality ordinance with this of... And Holidays will be notified in advance of any changes in rate or Terms you 've been charged public. Generous public spaces and a commitment to equal access, no one would ever have to use street... Terms, Privacy Policy and Cookie Policy is it legal to defecate in public in california can not Care for their own safety to... Public spaces and a commitment to equal access, no one would ever have to use the street as... S law requires owners to pick up dog poop in public or on property. You poop on the laws you need to know what is the penalty for graffiti or other things public... To post flyers, signs, posters, advertisements ( ads ) or other on... In Bedminster, N.J., on July 31 in rate or Terms be notified advance! And protected by attorney-client confidentiality property is made by the local, state, and/or other governing agencies words! Their own safety find a stray animal, please call OC animal Care immediately is. Defecate in public or on public property is made by the National Trial Lawyers as one the! An offense access, no one would ever have to use the....
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