This chapter shall be known as the "Glass Container and Intoxicating Liquor Code" and may be cited as such and shall hereinafter be referred to herein as "this code."
(Ord. 335, 1990; Ord. 343, 1990)
A.
It is the intent of the City Council in adopting this code to prohibit the consumption of intoxicating liquor, as defined herein, on the streets, sidewalks and public properties located within the City limits of the City of Live Oak. For purposes of this section, the phrase "streets, sidewalks and public property located within the City limits of the City of Live Oak" excludes public parks and recreational facilities as defined herein.
B.
It is the further intent of the City Council in adopting this code to prohibit the consumption of any beverage, alcoholic or nonalcoholic, from glass containers, as defined herein, in or on any public park or recreational facility within the City limits, as defined herein.
C.
It is further the intent of the City Council, in adopting this code to prohibit the consumption of intoxicating liquor from nonglass containers in or on any public park or recreational facility within City limits unless the person individually or as a representative of a group of persons obtains a permit from the City Clerk as specified herein.
(Ord. 335, 1990; Ord. 343, 1990)
For purposes of this chapter:
means any glass object used as a vessel to contain or hold beverages. This definition includes, but is not limited to, glass bottles, jars, table glasses, etc.
means any and all liquor or drinks which contain more than 3.2 percent of alcohol by weight.
means and includes all outdoor public property located within the City of Live Oak and used for sports and recreation and social gathering, including, but not limited to, parks and sports or recreational facilities.
means that portion of the street between the curbline and the adjacent property line intended for the use of pedestrians.
means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the City of Live Oak which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
(Ord. 335, 1990; Ord. 343, 1990)
The provisions of this code shall apply generally to all public property throughout the City of Live Oak wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this code, but which is duly authorized under any City, State or Federal law, shall not be deemed to violate this code.
(Ord. 335, 1990; Ord. 343, 1990)
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Sutter County Sheriff's Department.
(Ord. 335, 1990; Ord. 343, 1990)
A.
Person(s) who desire to consume intoxicating liquor from glass containers in public parks and recreational facilities shall be required to obtain a permit from the City Clerk prior to said consumption or use in or on public parks and recreational facilities.
B.
The permit application shall be drafted in substantially the following form:
CITY OF LIVE OAK PERMIT APPLICATION FOR USE OF GLASS BEVERAGE CONTAINERS IN OUTDOOR PUBLIC PARKS AND RECREATIONAL FACILITIES WITHIN CITY LIMITS | |
1. | Name:____________________ |
2. | Address:________________________ |
3. | Telephone Number (___)_______________ |
4. | I request this permit as an individual only. |
YES___NO___ | |
5. | I request this permit as a representative for a group of persons or an organization. |
YES___NO___ | |
6. | If you answered yes to question 5 above, list the name of the persons or organization that you represent._________________________ |
7. | The applicant shall keep a copy of this permit application on his or her person or otherwise have a copy at his or her disposal upon request by any enforcement officer to produce a copy of the same. |
8. | In the event the applicant cannot provide the enforcement officer with a copy of this permit application upon demand, the applicant shall be cited and fined by the enforcement officer in the amount of one hundred dollars. |
9. | The applicant may contest the citation by requesting a hearing before a hearing officer or board to determine whether as an individual or a representative said applicant violated this section. The applicant may request a hearing by telephoning (916) 695-2112 or visiting or writing the City Council, 9955 Live Oak Blvd., Live Oak, CA 95953, within 10 days of the date of the citation. If the applicant requests a hearing, he or she must attend it in person. |
10. | In the event the applicant fails to pay the fine or citation within 30 days of the date of citation or within 30 days after the date of appeal, the City may pursue any and all legal remedies to collect the fine, including all reasonable costs and reasonable attorney fees. |
(Ord. 335, 1990; Ord. 343, 1990)
A.
Persons who are cited for consuming or possessing nonalcoholic beverages from glass containers in public parks and recreational facilities shall be deemed to have committed an infraction and are subject to civil penalties as set forth in this code.
B.
It is a misdemeanor for any person to drink intoxicating liquor upon any of the streets, sidewalks, or public property located within the City of Live Oak.
C.
It is also a misdemeanor for any person who consumes or possesses intoxicating liquor from glass containers within public parks and recreational facilities.
D.
It is also a misdemeanor for any person who consumes or possesses intoxicating liquor from nonglass containers absent the appropriate permit as defined and set forth herein within public parks and recreational facilities.
E.
Any person convicted, of a misdemeanor under this code shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person is guilty of a separate occurrence which constitutes a violation of this code.
(Ord. 335, 1990; Ord. 343, 1990)