A. Consumption In Public: It shall be unlawful for any person to consume any alcoholic beverages in any of the public parks of the city, except as follows:
1. In connection with family or group picnics. For purposes of this subsection A, a "picnic" is defined as a gathering of two (2) or more persons for the purpose of eating a meal and at which the alcoholic beverage is consumed as part of, or incidental to, that meal.
2. Where the city commission of the city has granted by record vote, a conditional license which the licensee has agreed to, containing certain conditions and meets the following minimum requirements:
a. Application for the license must be in writing, tendered to the city secretary, with an application fee not to exceed one hundred dollars ($100.00);
b. The licensee may be a person or an organization, and if an organization, must be submitted by an authorized representative;
c. Must be issued to be exercised in connection with an activity sponsored by a locally organized social, civic, sports or recreational organization with direct ties to or with substantial benefits for citizens of the city;
d. The application shall include the following information:
(1) Name, address, phone number, fax number and e-mail address of the organization and of the individual representative;
(2) A summary description of the organization's social, civic, sports or recreational experience in the city; its membership, if any, its officers and their addresses;
(3) The location(s), dates and times of the proposed use;
(4) A detailed description of the social, civic, sports or recreational activities proposed and their benefits to the citizens of the city;
(5) A sketch of the park location to be used and the placement of the "beer garden".
(6) The "beer garden" shall be a specially designated, cordoned off location, strictly maintained by licensee throughout the license period at which alcoholic beverages may be sold and consumed.
e. The license granted shall be limited to specific date(s), time(s) and location(s). (Ord. 14-09-12, 10-12-2012)
B. Intoxicated Persons: It shall be unlawful for any intoxicated person to enter or remain in any park of the city. (Ord. 670, 6-5-1979)
C. Penalties: Any person who violates any provision of this section is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted and each such offense is punishable as provided in section 1-4-1 of this code. (Ord. 670, 6-5-1979; amd. 1994 Code)
A. Peddlers And Solicitors: It shall be unlawful for any peddler, solicitor or any other person who goes on the premises of another person, to remain on said premises after he/she has been ordered by the owner, tenant, manager, proprietor, or lessee of such property or any other lawful occupant, to leave said premises.
B. Damaging Landscaping/Private Property: It shall be unlawful for any person to go upon the premises of another person without the consent of the occupant or person in charge of said premises; furthermore, it is unlawful for the un-invited person to break, cut, pull, take or trample upon the property's flowers, shrubbery, grass or garden vegetables (for example) growing on said premises; this shall also include any other private property to not be damaged, broken, and/or taken.
C. It shall be unlawful for any peddler, solicitor or any other person to enter upon private premises without authorization and where there is signage to the effect of 'No Peddlers Allowed' or 'No Solicitations'; such is clear messaging of such not being permitted, invited, or wanted on said premises.
D. It shall be unlawful for any person or persons to request or solicit for funds for a personal or charitable cause on any sidewalk, street, or other public or similar semi-public place without a permit being issued by the City of Alamo's Police Department; said permit shall not have any cost or fee associated with it; shall be for a maximum of five (5) consecutive calendar days (no extensions given regardless of personal or event conditions); and shall be an 'Annual Permit being that no permit shall be given unless twelve (12) consecutive months have intervened between permit periods. In discerning whether a permit shall be issued or not, the following will be undertaken:
1. Inquiries as to the bona fide legitimacy of the proposed solicitation to maximize scrutiny that any funds collected may not be used for illicit or illegal purposes;
2. The PD will secure valid identifications of those soliciting, inclusive of gathering street addresses and other contact data should the need arise to alert them of special traffic considerations;
3. The Police Department shall instruct the applicant-solicitor that courtesy and respect shall be insisted upon when approaching any traffic motorist; should misconduct reflecting aggressive soliciting or threatening/menacing dialogue with motorists be documented, filmed, or witnessed, then the PD may be provided such evidence upon which the PD shall discern whether or not to revoke the permit issued; if revoked due to the severity of misconduct be determined, then no other permit for the solicitor at any other place in Alamo shall be considered until twelve (12) consecutive months have elapsed;
4. The Police Department shall inquire as to the proposed soliciting location(s), and any permit issued shall be specifically for the locations discussed, i.e., no permit shall be perceived as 'transferable' to other location(s);
5. The Police Department shall assess the traffic safety issues of the site-specified location(s) and determine appropriateness to the applicant-solicitor based on their measure of awareness and maturity;
6. The Police Department will inquire of their plan(s) for incidental usage of sanitary facilities and determine that such plan is safe, accessible and reasonable; also, if the sanitary facilities are not available, e.g., business place is 'closed', and no other such facilities are nearby nor available, then any issued permit shall be temporarily suspended until such sanitary facilities are available;
7. The time-frame for such solicitation will be explained by the PD to the applicant-solicitor; to maximize safety, there shall be no soliciting authorized after daylight hours transition to dusk or un-lit hours;
8. The Police Department shall inquire as to the applicant-solicitor's plan to 'clean-up' prior to departing, e.g., water bottles, etc.; on this point, should there be photo-documented and time-stamped evidence of littered remnants due to post-solicitation, then the permit may be revoked and shall not be reinstated until after a littering citation fine shall first be paid to the City of Alamo, Texas; and
9. Any other special conditions that may need to be determined.
10. After acquiring the details of the matter, the Police Department will determine whether or not to issue the permit and the traffic-safety conditions imposed, as well as the number of days/hours that will be authorized. It is declared that issuing such a permit, based on the interview and details of the solicitation, will not place at risk the City of Alamo for any traffic mishap that may occur since there's a plethora of variables involving driver-skilled levels, pedestrian influx, solicitor awareness, and/or ever-changing weather conditions whereby such applicant-solicitor(s) may still voluntarily place themselves at higher risk (e.g., as in a 'street solicitation' setting).
E. Loitering is defined as standing or waiting around idly or without apparent purpose. It shall be unlawful for any person or persons to loiter in, on, or near the proximity of any private or public place when such loitering may be accompanied by activity or circumstances that induce probable cause for alarm or concern for the (physical, emotional, psychological) safety and general well-being of persons or for the security of private or public property, in the surrounding area where the loitering is lingering.
F. It shall be unlawful to have a person or persons lingering in the street, sidewalks, or vicinity of a residence or vehicle, where there is no apparent business or employment-related need to do so without the permission, consent, or knowledge of the owner(s) or tenant(s) of nearby structures.
G. Furthermore, it shall be unlawful for any person(s) to systematically be checking doors, windows, or other means of un-authorized access to vehicles, residences, or other buildings.
H. Anyone who violates the provisions of these regulations shall be guilty of a misdemeanor and may be fined as set out in these Code of Ordinances.
(Ord., 7-2-1963; amd. 1994 Code; Ord. 111-7-24, 7-16-2024)
Loading...