(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES.
Alcohol or any beverage containing alcohol which is capable of being used for beverage purposes, either alone or when diluted. The term includes but is not limited to beer, wine, distilled spirits and mixed beverages containing alcohol.
CITY PARK.
Any property in the city which is designated as a park by resolution of the City Council and includes all buildings, recreation facilities, playgrounds, parking lots, driveways, pedestrian paths and other areas within a park. Designation of property as a “city park” pursuant to this section is solely for the purposes of identifying areas where alcoholic beverages may not be possessed, sold or consumed and shall not be deemed a legal dedication of any such property for park purposes unless it is already dedicated.
ROADWAY.
The portion of a street, alley or highway designated or ordinarily used for vehicular travel.
SIDEWALK.
All portions of a street, alley or highway between the curb lines, or the lateral lines of the roadway and the adjacent boundary lines, whether or not the same have been improved for pedestrian travel.
STREET, ALLEY, HIGHWAY
or
PARKING AREA.
The entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.
STREET, ALLEY
or
HIGHWAY
shall include both the roadway and the sidewalk, and
PARKING AREA
shall mean any area owned by the city that is set aside for the parking of vehicles.
(B) Offenses.
(1) No person shall possess, sell, give away, make available or consume alcoholic beverage in any city park.
(2) No person shall possess, sell, give away, make available any container containing an alcoholic beverage, or consume an alcoholic beverage in or upon any street, alley highway or parking area which is adjacent to or abuts any city park.
(C) Defense. It shall be a defense to prosecution under division (B)(2) if at any time of the offense the person charged was on privately owned property or was transporting alcoholic beverage to or from privately owned property.
(Ord. 744, passed 11-9-93) Penalty, see § 10.99