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)

9.01.040 Consumption of alcoholic beverages in public prohibited.

   The drinking or consumption of any alcoholic beverage shall be prohibited at the following locations within the city:

   A.   On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, County of Riverside, school district, or any public agency;

   B.   In the public parking lot of any multi-family housing property; and in the public parking, loading, access and areas accessible to the public of nonresidential property, except on the premises of a commercial establishment holding a valid on-sale license or permit from the California Department of Alcoholic Beverage Control; or

   C.   Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, County of Riverside, school district, or any public agency, except for golf courses.

(Ord. 413 § 2, 2009)

9.01.050 Exemptions—Subject to special event permit issuance.

   The consumption of alcoholic beverages may be permitted on a public street, roadway, boulevard, alley, parking lot, sidewalk, or within a public park, recreation area, or recreation facility controlled or owned by the city or any public agency, subject to a special event permit or facility rental permit issued by the city pursuant to Chapter 12.12. All special fees shall be paid by the applicant, and all special conditions and site security shall be approved by the chief of police or his or her designee, prior to issuance of the permit or the holding of the special event.

(Ord. 413 § 2, 2009)

9.01.060 Consumption or possession of intoxicating or controlled substances and instruments used to administer intoxicating substances in public places prohibited.

   A.   No person shall consume within any public place or business in the city, or on the grounds of any public or private park, recreation area, open space or school, or in the public parking, loading, access and areas accessible to the public, or private or commercial property which is open and accessible to the public, any non-alcoholic intoxicating substance possessed for the purposes of intoxication or any illegal or controlled substance, including marijuana.

   B.   No person shall have in his or her possession within any public place or business in the city, or on the grounds of any public or private park, recreation area, open space or school, or in the public parking, loading, access and areas accessible to the public, or private or commercial property which is open and accessible to the public, any instrument used to administer or ingest any intoxicating or controlled substance, including marijuana pipes or similar smoking devices, and including drug paraphernalia.

(Ord. 413 § 2, 2009)

9.01.070 Consumption of alcoholic beverages or other intoxicating substance on homeowner association properties.

   No person shall consume any beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage or intoxicating substance, upon property, including greenbelt areas, common walkways and common driveways, owned or controlled by a homeowner's association where:

   A.   The homeowner's association has requested in writing that the city extend its prohibition on drinking and consuming other intoxicating substances upon the homeowner's association property and the city council has adopted a resolution approving such request; and

   B.   The homeowner's association has posted on the property a notice in substantially the following form:

Drinking or consuming of liquors, beers, wine or other intoxicating beverages or intoxicating substances on this property, including greenbelt areas, common walkways, and common driveways, is prohibited by Chapter 9.01 of the Murrieta Municipal Code and violators are subject to criminal prosecution which could result in a fine.

(Ord. 413 § 2, 2009)