Campbell Municipal Code Ch. 8.04 Disturbing the Peace

(a) No person shall drink or consume any intoxicating beverage in any public place or place open to the public.

(b) It shall be an affirmative defense to any violation of subsection (a) of this section that the place where the drinking occurred is licensed for the service of alcoholic beverages.

(c) City parks designated by the city council are excepted from this section.

(Ord. 1712 § 1, 1988).

(a) It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any mandatory requirement of this chapter. Except as otherwise provided in subsection (b) of this section, any entity violating any provision, or failing to comply with any mandatory requirement of this chapter is guilty of an infraction, and upon conviction shall be punished by a fine of not more than one hundred dollars.

(b) Notwithstanding any provision to the contrary, any person, firm or corporation committing any act made unlawful pursuant to subsection (a) of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars and/or imprisonment of not more than six months, if any of the following circumstances exists:

(1) The violation was committed wilfully or with knowledge of its illegality;

(2) The violator does not cease or otherwise abate the violation after receiving notice of such violation;

(3) The violator has previously been convicted of violating the same provision of this title within two years of the currently charged violation; or

(4) The provision violated specifies that such violation shall be a misdemeanor.

(c) Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this chapter shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as provided in this section.

(Ord. 1693 § 5(A), 1988).