The following provisions shall apply unless a place is licensed under this chapter or unless specific Council authorization is given:
(A) General prohibition. No person shall consume any alcoholic beverage or possess any open bottles or receptacles containing an alcoholic beverage in any public place unless otherwise permitted by this section, by other City Code provision, or by special permission of the City Council. For purposes of this section, PUBLIC PLACE means any street, avenue, alley, road, highway, sidewalk, boulevard, parking lot or facility, park, or other public property or premises; and
(B) Exceptions. Notwithstanding § 113.23(A), consumption of alcoholic beverages and possession of open bottles or receptacles containing alcoholic beverages shall be allowed within the boundaries of the following public parks during hours the parks are open for public use:
(1) Brookwood Park;
(2) City Park;
(3) Jessens Park;
(4) Kieffer Park;
(5) Meadow View Park;
(6) Oakview Park;
(7) Whispering Hills Park;
(8) The portion of Sportsman's Park within city limits; and
(9) City Hall Park.
(C) Park boundaries. For the purpose of this section the park area extends only to the beginning edge of any street fit for vehicular travel, parking lot serving the public park, privately owned property line bordering the public park, or any sign erected by the city that states either, "Alcohol Permitted in Park Area Only" or "No Alcohol Beyond This Point." For the purposes of this section streets, alleys, or any other right-of-way or paved boundary surrounding the edge of the park other than sidewalks shall not be considered land within park boundaries.
(D) Additional prohibitions. Notwithstanding the exceptions listed in division (B) of this section, alcoholic beverages shall not be possessed or consumed under any of the following circumstances:
(1) In any of the permitted spaces after the parks have closed, as stated in § 95.01(B) of the Code;
(2) By any person who has been charged by citation with any crime committed within the boundary of any park listed in division (C) of this section during the same day that the person is charged with such a crime;
(3) When any peace officer licensed by the City of St. Charles or any court of law has otherwise revoked a person's consent to consume alcohol; or
(4) By any person who is present within, operating, or in physical control of a motor vehicle as defined in M.S. § 169A.03 subdivision 15 of the Minnesota Impaired Driving Code.
(E) Enforcement and penalty. This section can be enforced by any person with a Minnesota Peace Officer's License with jurisdiction in the City of St. Charles. Violation of this section is a misdemeanor.
(F) The city may impose a voluntary administrative penalty under § 10.90 rather than issuing a criminal citation or complaint.
(G) Authority. This section is enacted pursuant to M.S. §§ 145A.05 and 340A.509.
(1987 Code, § 406.11) (Am. Ord. 515, passed 5-13-2008; Am. Ord, 592, passed 5-23-2017; Am. Ord. 621, passed 5-26-2020)
Penalty, see § 10.99