Blythe Municipal Code Ch. 9.29 Consumption and Possession of Alcohol or Other Intoxicating Substances…

This chapter shall be known as the "Alcohol and Intoxicating Substance Consumption Ordinance" and may be so cited.

(Ord. No. 842, § 1, 3-23-10)

It is the purpose of these regulations to aid in the reduction of the crimes and reported incidents involving alcohol and other intoxicating substances including, but not limited to, public intoxication, disturbances, fights, thefts, vandalism, and driving under the influence. Because alcohol and other intoxicating substances cause physical impairments and decrease the ability of persons to make sound decisions, many of these incidents would not occur independent of the presence of alcohol and intoxicating substances. The city desires to restrict the public consumption of alcohol and intoxicating substances where state law and current city regulations are silent, in furtherance of the goal of creating a safer community.

(Ord. No. 842, § 1, 3-23-10)

The terms as used in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter shall have the following meanings:

"Alcohol" or "alcoholic beverage" shall have the same meaning as that set forth in California Business and Professions Code Section 23004.

"Consume," "consuming," or "consumption" shall be determined by the following, in addition to any reasonable indicia of consumption: the act or appearance of drinking or ingesting any intoxicating or any controlled substance based upon a totality of circumstances, including, but not limited to, any observations by a peace officer or any other person reporting the offense; the offender's appearance of drinking or ingesting any intoxicating or controlled substance; any statements or admission to drinking or ingesting any intoxicating or controlled substance by the offender; any smells or odors emanating from the offender's person; any results of any chemical test which measures the alcohol or intoxicating substance content of the offender; any other objective symptom of intoxication or use of an intoxicating or controlled substance; or the presence and control of open containers or instruments used to administer or ingest any intoxicating or controlled substance.

"Drug paraphernalia" shall have the same meaning as that set forth in Health and Safety Code sections 11014.5, 11364, or 11364.5.

(Ord. No. 842, § 1, 3-23-10)

The drinking or consumption of any alcoholic beverage shall be prohibited at the following locations within 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 of Riverside, school district, or any public agency;

B. In the public parking lot of any multi-family housing property; and in the public parking, loading, access and areas accessible to the public of nonresidential property, 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 of Riverside, school district, or any public agency, except for golf course and Quechan Park and Marina.

(Ord. No. 842, § 1, 3-23-10)

It is unlawful for any person or persons, while in or upon any public park, street, alley, highway or other public place, or the entrance to any store, in the city, except in or upon those places where the drinking or consumption of alcoholic beverages is expressly permitted by law, to offer, furnish or give, or cause to be offered, furnished or given, any alcoholic beverages to any other person or persons with the intention that such other person or persons shall drink or consume said alcoholic beverages while such other person or persons are in or upon any public park, street, highway, alley or other public place, or the entrance to any store, in the city, except in or upon those public places where the drinking or consumption of alcoholic beverages is expressly permitted by law.

(Ord. No. 842, § 1, 3-23-10)

The city council finds and determines that customers of the Blythe Municipal Golf Course shall be prohibited from bringing alcoholic beverages onto the Blythe Municipal Golf course not purchased on the premises. Further, no person shall possess or use any alcoholic beverages while on the Blythe Municipal Golf course unless said alcoholic beverages are purchased on the premises.

(Ord. No. 842, § 1, 3-23-10)

A. No person shall consume within any public place or business in the city, or on the grounds of any public or private park, recreation area, open space or school, or in the public parking, loading, access and areas accessible to the public, or private or commercial property which is open and accessible to the public, any non-alcoholic intoxicating substance possessed for the purposes of intoxication or any illegal or controlled substance, including marijuana.

B. No person shall have in his or her possession within any public place or business in the city, or on the grounds of any public or private park, recreation area, open space or school, or in the public parking, loading, access and areas accessible to the public, or private or commercial property which is open and accessible to the public, any instrument used to administer or ingest any intoxicating or controlled substance, including marijuana pipes or similar smoking devices, and including drug paraphernalia.

(Ord. No. 842, § 1, 3-23-10)

No person shall consume any beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage or intoxicating substance, upon property, including greenbelt areas, common walkways and common driveways, owned or controlled by a homeowner's association where:

A. The homeowners' association has requested in writing that the city extend its prohibition on drinking and consuming other intoxicating substances upon the homeowner's association property and the city council has adopted a resolution approving such request; and

B. The homeowners' association has posted on the property a notice in substantially the following form:

Drinking or consuming of liquors, beers, wine or other intoxicating beverages or intoxicating substances on this property, including greenbelt areas, common walkways, and common driveways, is prohibited by Chapter 9.29 of the Blythe Municipal Code and violators are subject to criminal prosecution which could result in a fine.

(Ord. No. 842, § 1, 3-23-10)

No person in charge of or assisting in the conduct of any open-air public assembly where an admission fee is charged, within the territorial limits of the city, shall permit any person to enter or remain in such assembly who has any form of alcoholic liquor in his possession.

(Ord. No. 842, § 1, 3-23-10)

No person shall take any form of alcoholic liquor into any place where an open-air public assembly is being conducted and where an admission fee is charged within the territorial limits of the city.

(Ord. No. 842, § 1, 3-23-10)

Unless a license has been first obtained pursuant to state law, and an event permit obtained at city hall, (235 North Broadway, Blythe, Calif.) no group, association, corporation or person shall sell, furnish, serve or give away any beer, as defined by Business and Professions Code Section 23006, in any place of open-air public assembly where an admission fee is charged within the territorial limits of the city.

(Ord. No. 842, § 1, 3-23-10)

No group, association, corporation or person shall sell, furnish, serve or give away any intoxicating liquor, except beer, as defined by business and Professions Code Section 23006, in any place of open-air public assembly where an admission fee is charged within the territorial limits of the city.

(Ord. No. 842, § 1, 3-23-10)

Any person or persons violating any provision of this chapter shall be guilty of an infraction and upon conviction thereof, shall be punished by:

A. A fine not exceeding one hundred dollars for a first violation;

B. A fine not exceeding two hundred dollars for a second violation within one year;

C. A fine not exceeding five hundred dollars for each additional violation within one year.

(Ord. No. 842, § 1, 3-23-10)