The URL can be used to link to this page

Home My WebLink About97-07 CC OrdinanceORDINANCE NO. 97-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.14 TO THE TEMECULA MUNICIPAL CODE, PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES, AND SECTION 9.02.010, PROHIBITING ENGAGING IN CERTAIN BODILY FUNCTIONS IN CERTAIN PUBLIC AND PRIVATE PLACES, AND AMENDING SECTION 12.04.210 OF THE TI~MECULA MUNICIPAL CODE RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS AND FACILITIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. read as follows: Chapter 9.14 is hereby added to the Temecula Municipal Code to "Chapter 9.14 "CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES PROHIBITED IN CERTAIN PUBLIC PLACES 9.14.010 9.14.020 9.14.030 "9.14.010 Consumption of Alcoholic Beverages in Public Places Prohibited. Possession of Open Containers of Alcoholic Beverages in Public Places Prohibited. Consumption of Alcoholic Beverages on Homeowner Association Properties Prohibited. Consumption of Alcoholic Beverages in Public Prohibited "The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage shall be prohibited at the following locations, unless specifically permitted by the prior written approval of 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 or any public agency; "(b) In the public parking, loading, access, and common areas of any commercial shopping center; 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 Ords/97-07 1 "(c) Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the City, County, or any public agency. "9.14.020 Possession of Open containers of Alcoholic Beverages in Public Places Prohibited. "No person shall have in his or her possession, with intent to consume any part of the contents thereof, any bottle, can or other receptacle containing beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the contents of which have been partially removed, at the following locations, unless specifically permitted by the prior written approval of 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 or any public agency; "(b) In the public parking, loading, access, and common areas of any commercial shopping center; 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, or any public agency. "9.14.030 Consumption of Alcoholic Beverages on Homeowner Association Properties Prohibited. "No person shall drink any beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, 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 drinking prohibition 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 of liquors, beers, wine or other intoxicating beverages on this property, including greenbelt areas, common walkways, and common driveways, in prohibited by Chapter 9.14 of the Temecula Municipal Code and violators are subject to criminal prosecution which could result in imprisonment and a fine. ~ Orda/97-07 2 Section 2. Chapter 9.02, General, and Section 9.02.010 are hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 9.02 GENERAL "9.02.010 Bodily Functions Prohibited in Certain Public Areas "No person shall urinate or defecate on private property in any area exposed to the public view, or on any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the City, County or any public agency, except in a public or private restroom" Section 3. Section 12.04.210 of the Temecula Municipal Code is hereby amended to read as follows: "12.04.210 Alcoholic Beverages. "a. In accordance with the provisions of Chapter 9.14, Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places, the Commission is hereby designated as the body to approve, conditionally approve or deny requests to consume or possess alcoholic beverages in City parks. "b. 1. In accordance with the provisions of Chapter 9.14, Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places, the Director, or his or her designee, is hereby designated as the person to approve, conditionally approve or deny requests to consume or possess alcoholic beverages at any indoor city public facility. A temporary license from the California Department of Alcoholic Beverage Control, and proof of one million dollars liquor liability insurance coverage and liability insurance coverage identifying the city of Temecula as additional insured, is also required for any such permit. "2. No person under the age of twenty-one is permitted to consume alcoholic beverages in any city park or facility. "3. Security may be required for events in which alcohol is served, depending upon the type of event at the discretion of the Director. "c. Sale and Consumption of Alcoholic Beverages in Special Use Parks. "1. In accordance with the provisions of Chapter 9.14, Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places, the Director, or his or her designee, is hereby designated as the person to approve, conditionally approve or deny requests to consume or possess alcoholic beverages at a special use park. "2. Alcoholic beverages must be consumed in designated areas. 0rd~/97-07 3 "3. A temporary license from the California Department of Alcoholic Beverage Control, one million dollars liquor liability insurance and liability insurance identifying the city of Temecula as additional insured is also required for any such permit. "4. No person under the age of twenty-one is permitted to consume alcoholic beverages in any special use park. "5. Security will be required for events in which alcohol is sold, as well as events where alcohol is not served." Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 13th day of May, 1997. Patricia H. Birdsall, Mayor ATrEST: · Greek, AE City Clerk [SEAL] Ords/97-07 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97-07 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of April 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of May, 1997 by the following vote, to wit: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall None None S. Greek, C~IC/AAE '~.~ity Clerk Orals/97-07