[Ord. 45-1980, 81 § 1, passed 8-25-1980]
(a)
No person shall transport or possess in open containers on his person
or in a motor vehicle any beer, wine or alcoholic beverage in or upon
the streets, sidewalks, alleys or public ways of the City, nor in
or upon the parking areas of shopping centers under the jurisdiction
of the Bureau of Police, except as hereinafter provided.
(b)
No person shall possess, carry or transport any beer, wine or alcoholic
beverage in an open container nor consume any beer, wine or alcoholic
beverage in or upon a park or playground or other public property
of the City, except at a group function, a permit for which has been
obtained from the Office of the City Clerk as hereinafter provided.
[Ord. 45-1980, 81 § 1, passed 8-25-1980]
(a)
A person seeking issuance of a permit to consume or possess alcoholic
beverages shall file an application with the Office of the City Clerk
on forms provided by that office. An application for a permit shall
be filed with the Office of the City Clerk not less than three days
nor more than 30 days before the date on which the proposed activity
is to take place.
(b)
The Office of the City Clerk, where good cause is shown, shall have
the authority to consider any application which is filed less than
three days before the date such activity is proposed to be conducted.
(c)
The Office of the City Clerk shall act upon the application for a
permit within two days after the filing thereof. If the Office of
the City Clerk disapproves the application, it shall mail to the applicant
a notice of its action, stating the reasons for its denial of the
permit.
[Ord. 45-1980, 81 § 1, passed 8-25-1980]
(a)
The Office of the City Clerk shall issue a permit as provided for
hereunder when from a consideration of the application and from such
other information as may otherwise be obtained that:
(1)
The conduct of the activity proposed shall not substantially
interrupt the safe and orderly activity of the park and playground
in question or the safe and orderly movement of traffic, pedestrian
and vehicular.
(2)
The conduct of the activity shall not require the diversion
of so great a number of police officers of the City to properly police
the activity so as to prevent normal police protection to the City.
(3)
The concentration of persons at the activity shall not unduly
interfere with proper utilization of the parks and playgrounds or
with proper fire and police protection of the parks and playgrounds
and areas contiguous to such areas.
(4)
The conduct of the activity is not reasonably likely to cause
injury of persons or property, to provoke disorderly conduct or create
a disturbance.
(5)
The conduct of the activity is not reasonably likely to cause
littering or a health hazard to the residents of the City.
(b)
Immediately upon the issuance of a permit, the Office of the City
Clerk shall send a copy thereof to the Mayor, the Director of Public
Safety, the Director of Parks and Recreation, the Chief of Police,
the Fire Chief and any other City officials affected thereby.
[Ord. 45-1980, 81 § 1, passed 8-25-1980]
No person shall be granted under this article for any activity
to convene before 9:00 a.m. or terminate after 9:00 p.m., except by
special permission in writing from the Office of the Mayor.
[Ord. 45-1980, 81 § 1, passed 8-25-1980]
Any person aggrieved shall have the right to appeal the denial
of a permit to Council. The appeal shall be taken within 48 hours
after notice. Council shall act upon the appeal at its next regularly
scheduled meeting but, in any event, no later than 21 days from the
time of the receipt of the appeal.
[Ord. 45-1980, 81 § 1, passed 8-25-1980]
The Chief of Police shall have the authority to revoke a permit issued hereunder upon violation of the standards set forth in Section 741.03(a).
[Ord. 45-1980, 81 § 1, passed 8-25-1980]
[Ord. 45-1980, 81 § 1, passed 8-25-1980]
Whoever violates any provision of this article shall, upon conviction,
be fined not more than $300 nor less than $50, or be imprisoned for
not more than 30 days.
