HomeMy WebLinkAboutORD-17-97 Amend Sec 9316.020 Prohibition of Drinking in PublicORDINANCE NO. 17-
97 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE
AMENDING SECTION 9.16.020 OF CHAPTER 9.16
OF THE ORANGE MUNICIPAL
CODE RELATING TO THE PROHIBITION
OF DRINKING IN
PUBLIC.WHEREAS, cities have the general police power to prohibit
drinking in public;
and WHEREAS, for purposes of the state's criminal laws, "public
place"has been held to include areas in front of a house, such as, a driveway,
porch or lawn area (People vs. Olson (1971) 96 CaLRptr. 132);
and WHEREAS, the City of Orange desires to limit the meaning
of public place" so as to exclude the front yard areas of single
family
residences.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE HEREBY ORDAINS AS
FOLLOWS:SECTION
I:Section 9.16.020 of Chapter 9.16 of the Orange Municipal Code is
hereby dekted in its entirety and replaced with a new Section 9.16.020 to read as
follows:9. ]6.020 Drinking. Alcoholic Beverages in Public. No person shall
drink any alcoholic beverage in any street, park, or other public place. For purposes
of this Chapter, "public place" shall include those areas defmed as a public place
by the courts in applying state criminal statutes and shall include, but not be
limited to, publicly owned property; public parks; school grounds; recreation
and playgrounds; parking lots open to the public; common areas and hallways
of apartment buildings, condominiums, motels, hotels, and homeowner
associations;and parked vehicles in any of the foregoing places. "Public place"
shall specifically exclude the front yard area of single family residences, extending
from the front of the structure to the public
SECll0N II:
Severability. If any section, subdivision, paragraph, sentence, clause
or phrase of this Chapter is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining
portions of this chapter. The City Council hereby declares that it would have
passed this chapter, and each section, subdivision, paragraph, sentence,
clause and phrase thereof, irrespective of the fact that anyone (or more)
section, subdivision, paragraph, sentence, clause or phrase had been declared
invalid or unconstitutional.
SECTION III:
A summary of this Ordinance shall be published and a certified copy
of the full text of this Ordinance shall be posted in the Office of the City
Clerk at least five (5) days prior to the City Council meeting at which this
Ordinance is to be adopted. A summary of this Ordinance shall also be
published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of
Orange. The City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along with the names of those
City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933. This Ordinance shall take effect
thirty (30) days from and after the date of its final passage.
ADOPTED this 26th day of Auqust
l'
1997
ayor of the City of Orange; ,
ATTEST:
1AiAA.J.M~(] ntnvd-
City Clerk of th ity of Orange
Ord. No. 17-
97 WWW:
ls
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance was introduced at
the regular meeting of the City Council held on the 12th day of
August, 1997, and thereafter at the regular meeting of said City
Council duly held on the 26th day of _ August __, 1997, was duly passed
and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
WWW:
lsOrd. No. 17-97
3