HomeMy WebLinkAboutORD 391ORDINANCE NO. 391
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA AMENDING
TITLE 9 OF THE PALM DESERT MUNICIPAL
CODE AND ADDING CHAPTER 9:58 AS IT
RELATES TO THE REGULATION OF PUBLIC
DRINKING AND LIQUOR POSSESSION.
WHEREAS, enforcement of public drinking and liquor
possession is not currently allowed by law in most areas
within the City, and
WHEREAS, the Sheriff's Department has requested
that such regulations be enacted to help with current
problems in the City, and
WHEREAS, public drinking and liquor possession
should be regulated in the Municipal Code for the health and
safety of Palm Desert citizens,
NOW, THEREFORE, the City Council of the City of
Palm Desert, California does hereby ordain as follows:
SECTION 1: That Chapter 9.58 be and the same
is hereby added to the Code of the City of Palm Desert to
read as follows:
CHAPTER 9.58
PUBLIC DRINKING AND LIQUOR POSSESSION
9.58.010. Consumption of Alcoholic Beverages on
Public Property. No person shall drink,use or consume any
alcoholic beverage, as defined in Section 23004 (and related
sections) of the Business and Professions Code of the State,
upon any public street, sidewalk, highway, road, lane or
alley, or in or upon any other publicly -owned property which
is open to the use or the business of the public at the
time, but which place is not licensed for the consumption of
such beverage on the premises, The provisions of this
ORDINANCE NO. 391
section shall not apply, however., to the park and recreation
area regulated elsewhere in this code.
9.58.020. Possession of Alcoholic Beverages on
Public Propertv. No person shall, in or upon anv of the
places listed in Section 9.58.010 of this Chapter, have in
possession any alcoholic beverage defined as in Section
9.58.010 of this Chapter contained in any bottle, can or
other receptacle, which has been partially removed; provid-
ed, that this Section 9.58.020 shall not apply when the
beverage is in possession at the time strictly for the
purpose of transporting it, along with other items, briefly
and temporarily and directly through a place listed in
Section 9.58.010 of this Chapter. Further this Sec.
9.58.020 shall not apply to park and recreation area
regulated elsewhere in this code.
9.58.030. Consumption/Possession of Alcoholic
Beverages on Privately Owned Property. No person shall do
or commit any act prohibited in Sections 9.58.010 or
9.58.020 of this Chapter when such person is upon privately -
owned property rather than publicly -owned property, which
privately -owned property is open to the use or patronage of
the general public at the time, unless the person doing or
committing the act has the express or implied permission or
invitation so to do from the owner or lessee or other person
in charge of the private property or business premises
involved.
9.58.040. Consumption/Possession of Alcoholic
Beverages on Property Where Permit _issued by City. Section
9.58.010 and 9.58.020 of this Chapter shall not apply to
consumption or possession of alcoholic beverages on city -
owned property pursuant to any permit, entitlement or other
permission issued or given by the City Manager or City
Council in connection with the holding of a special event on
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ORDINANCE NO. 391
or at the place or premises where the consumption or posses-
sion would otherwise be prohibited, nor shall Sections
9.58.010 or 9.58.020 apply with respect to public property
owned and controlled by a public entity other than the City
if the other public entity has given its express or implied
permission or invitation allowing use of the premises for
purposes otherwise prohibited in Sections 9.58.020 or
9.58.020 of this Chapter.
SECTION 2: The City Council finds there are
extenuating circumstance that currently exists within the
City of Palm Desert which necessitate the need for this
Ordinance to become effective immediately. The circum-
stances which exist at the present time include, but are
not limited to, adult persons possessing and consuming
alcoholic beverages in open public places, streets, parking
lots and alleyways. In the interest of the public health,
safety and welfare, the City Council finds it necessary that
this Ordinance be adopted as an emergency measure and be
placed into effect immediately.
PASSED, APPROVED and ADOPTED this 23rd day of
August , 1984, by the following vote:
AYES: KELLY, PULUQI, WILSON AND SNYDER
NOES: NONE
ABSENT: JACKSON
ABSTAIN: NONE
ATTEST:
SHEILA R. LIGAN, Ci C er
City of Pal Desert, California
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