Carpinteria Municipal Code Ch. 9.08 Open Containers

Footnotes:

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Editor's note— Ord. No. 644, § 2, adopted August 9, 2010, in effect repealed the former Chapter 9.08, § 9.08.010, and enacted a new Chapter 9.08 as set out herein. The former Chapter 9.08 pertained to public intoxication and derived from prior code § 4159; Ord. No. 360, 1984; Ord. No. 472, 1992 and Ord. No. 506, 1994.

Public property and public places within the city exist for the use and enjoyment of the residents and the public at large. The consumption of alcoholic beverages in these areas tends to create a public health and safety hazard that adversely impacts neighborhoods, commercial areas and the general welfare of the city. It is the city's intent to minimize the nuisance of public intoxication while permitting, under appropriate conditions, the responsible enjoyment of alcoholic beverages in licensed places and during special events.

(Ord. No. 644, § 2, 8-9-2010)

The following definitions shall apply to this chapter:

"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume, and that is fit for consumption either alone or when diluted, mixed or combined with other substances, as set forth in Business and Professions Code Section 23004, as may be hereafter amended.

"Notice" means a sign stating that it is: "Unlawful to enter, be or remain on these premises, adjacent parking lot or adjacent public sidewalk with an open alcoholic beverage container. CPC 647e(a); CMC 9.08.030."

"Off-sale alcoholic beverage licensee" means any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the state Business and Professions Code.

"On-site alcohol sales" means the retail and consumption of alcoholic beverages within the specified premises of a licensee licensed by the Alcoholic Beverage Control Board of the state of California to sell alcohol for on-site consumption.

"Open container" means any receptacle, including a bottle, can, jug or box, that contains an alcoholic beverage, and the seal of which has been broken, or the contents of which have been partially removed.

"Public places" includes private property accessible to the public or commonly held open to public use.

"Public property" means any property owned or controlled by the city of Carpinteria or other public agency, including but not limited to a street, sidewalk, bike path, alley, public restroom, parking lot, structure, building, recreational facility, vacant area, public beach or public park, or any vehicle or temporary shelter on any such property.

"Special event" includes, but is not limited to, the following types of activities: A neighborhood block party, barbecue, picnic, fundraiser, parade, street fair, art and craft show, carnival, soap box derby, rally, community event or any other type of similar social event pursuant to CMC 10.68.

(Ord. No. 644, § 2, 8-9-2010)

A. Except as otherwise provided in CMC 9.08.040, it shall be unlawful to consume an alcoholic beverage: (1) on public property, (2) in public places or (3) on private property without the express consent of the owner of the private property.

B. Except as otherwise provided in CMC 9.08.040, it shall be unlawful to possess an open container of an alcoholic beverage: (1) on public property, or (2) on the premises of, or parking lot abutting, any off-sale alcoholic beverage licensee, if the licensee's premises contain a clearly visible notice prohibiting such possession.

(Ord. No. 644, § 2, 8-9-2010)

A. Notwithstanding CMC 9.08.030(A) and (B), it shall not be unlawful to consume or possess open containers of alcoholic beverages under the following circumstances:

1. Within the areas of public streets or sidewalks for which the city has granted an encroachment permit for a sidewalk cafe, beer garden or equivalent use that includes on-site alcohol sales;

2. During and within special public park events if the city has, pursuant to CMC 12.24.022, granted a park use permit that, during the event, authorizes or permits persons attending the event to possess and consume open containers of alcoholic beverages in areas where such consumption and possession is otherwise prohibited by this chapter.

3. During and within special events if the city has, pursuant to CMC 10.68, granted a street use or other permit that, during the event, authorizes or permits persons attending the event to possess and consume open containers of alcoholic beverages in areas where such consumption and possession is otherwise prohibited by this chapter.

B. Notwithstanding CMC 9.08.030(A) and (B), it shall not be unlawful to possess empty alcoholic beverage containers for the purpose of recycling.

(Ord. No. 644, § 2, 8-9-2010)

A. Unless another penalty is specified in state law, a violation of CMC 9.08.030(A) constitutes a misdemeanor, except that any such violation may, in the discretion of the city attorney, be charged and prosecuted as an infraction.

B. Unless another penalty is specified in state law, a violation of CMC 9.08.030(B) constitutes an infraction, punishable in accordance with the provisions of Chapter 1.08 of this code.

C. In addition to criminal remedies, any violation of this section shall constitute a public nuisance, and as such may be enforced by abatement and injunction, or by other civil action where appropriate.

(Ord. No. 644, § 2, 8-9-2010)

This chapter is enacted pursuant to Section 25620 of the California Business and Professions Code and Section 647(e) of the California Penal Code. This chapter shall not be construed or interpreted as applicable to any act or acts regulated by state law, but shall be limited to permitted subjects of local regulation not preempted by state law.

(Ord. No. 644, § 2, 8-9-2010)