Title 9
PUBLIC PEACE, MORALS AND WELFARE

Chapters:

   9.01   Consumption and Possession of Alcohol or other Intoxicating Substances Prohibited in Certain Public Places

   9.02   Curfew and Truancy of Minors

   9.04   Loud and Unruly Assemblages

   9.08   Reserve Police Force

   9.10   Newspaper Rack Regulations

   9.15   Gaming Club Regulations

   9.20   Host Obligations to Protect Minors from Alcoholic Beverages and Other Intoxicating Substances at Gatherings

   9.25   Residency Restrictions Applicable to Sex Offenders

   9.30   Military Equipment Policy

   9.35   Unlawful Possession of a Catalytic Converter

Chapter 9.01 CONSUMPTION AND POSSESSION OF ALCOHOL OR OTHER INTOXICATING SUBSTANCES PROHIBITED IN CERTAIN PUBLIC PLACES

Sections:

   9.01.010   Title.

   9.01.020   Purpose and Intent.

   9.01.030   Definitions.

   9.01.040   Consumption of Alcoholic Beverages in Public Prohibited.

   9.01.050   Exemptions—Subject to Special Event Permit Issuance.

   9.01.060   Consumption or Possession of Intoxicating or Controlled Substances and Instruments Used to Administer Intoxicating Substances in Public Places Prohibited.

   9.01.070   Consumption of Alcoholic Beverages or Other Intoxicating Substance on Homeowner Association Properties.

9.01.010 Title.

   This chapter shall be known as the "Alcohol and Intoxicating Substance Consumption Ordinance" and may be so cited.

(Ord. 413 § 2, 2009)

9.01.020 Purpose and intent.

   It is the purpose of these regulations to aid in the reduction of the crimes and reported incidents involving alcohol and other intoxicating substances including, but not limited to, public intoxication, disturbances, fights, thefts, vandalism, and driving under the influence. Because alcohol and other intoxicating substances cause physical impairments and decrease the ability of persons to make sound decisions, many of these incidents would not occur independent of the presence of alcohol and intoxicating substances. The city desires to restrict the public consumption of alcohol and intoxicating substances where state law and current city regulations are silent, in furtherance of the goal of creating a safer community.

(Ord. 413 § 2, 2009)

9.01.030 Definitions.

   The terms as used in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter shall have the following meanings:

   "Alcohol" or "Alcoholic Beverage" shall have the same meaning as that set forth in California Business and Professions Code section 23004.

   "Consume," "Consuming," or "Consumption" shall be determined by the following, in addition to any reasonable indicia of consumption: the act or appearance of drinking or ingesting any intoxicating or any controlled substance based upon a totality of circumstances, including, but not limited to, any observations by a peace officer or any other person reporting the offense; the offender's appearance of drinking or ingesting any intoxicating or controlled substance; any statements or admission to drinking or ingesting any intoxicating or controlled substance by the offender; any smells or odors emanating from the offender's person; any results of any chemical test which measures the alcohol or intoxicating substance content of the offender; any other objective symptom of intoxication or use of an intoxicating or controlled substance; or the presence and control of open containers or instruments used to administer or ingest any intoxicating or controlled substance.

   "Drug Paraphernalia" shall have the same meaning as that set forth in Health and Safety Code sections 11014.5, 11364, or 11364.5.

(Ord. 413 § 2, 2009)