Dana Point Municipal Code Ch. 11.40 Intoxication

It is unlawful for any person to appear at any public place or at any place open to public view or on any public street, alley, highway, court, park, railway, plaza, or public square in a state of drunkenness, intoxication or under the influence of a controlled substance.

(Added by Ord. 18-05, 9/4/18)

It is unlawful for any person to be on any private premises or in any private house in a state of drunkenness or intoxication to the annoyance of others.

(Added by Ord. 89-18, 7/11/89)

(a) The drinking of any intoxicating liquor, fermented malt beverage, or beverage containing an alcoholic content in excess of one percent by volume, unless specifically permitted by the prior written approval of the City, shall be prohibited:

(1) On any street, roadway, boulevard, alley, parking lot, sidewalk, public right-of-way, or public property in the City;

(2) Under any bridge or on any vacant, unimproved, or undeveloped land in the City;

(3) In the public parking, loading, and access areas of any commercial shopping center in the City;

(4) On any grounds owned by or under the control of a public school district or public park district within the City, or within a distance of 300 feet from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment; and

(5) Within any public park, recreational area, playground, or recreation facility in the City.

(b) The possession of any open container which contains any intoxicating liquor, fermented malt beverage, or beverage containing an alcoholic content in excess of 1% by volume, unless specifically permitted by the prior written approval of the City, shall be prohibited:

(1) On any street, roadway, boulevard, alley, parking lot, sidewalk, public right-of-way, or public property in the City;

(2) Under any bridge or on any vacant, unimproved, or undeveloped land in the City;

(3) In the public parking, loading, and access areas of any commercial shopping center in the City;

(4) On any grounds owned by or under the control of a public school district or public park district within the City, or within a distance of 300 feet from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment; and

(5) Within any public park, recreational area, playground, or recreation facility in the City.

(c) Penalties. Any person violating or failing to comply with Dana Point Municipal Code Section 11.40.030(a) shall be guilty of a misdemeanor, and subject to punishment as set forth in the Municipal Code. Any person violating or failing to comply with Dana Point Municipal Code Section 11.40.030(b) shall be guilty of an infraction, and subject to punishment as set forth in the Municipal Code.

(Amended by Ord. 02-07, 6/11/02)

No person shall drink any intoxicating liquor, or any fermented malt beverage, or have in his or her possession any open container which contains an intoxicating liquor or malt beverage, upon property, including greenbelt areas, common walkways, and common driveways, owned or controlled by a homeowner's association where:

(a) The homeowner's association has requested in writing that the City extend its drinking prohibition upon the homeowner's association's property; and

(b) The homeowner's association has posted on the property a notice in substantially the following form:

"Drinking of liquors, beers, or other fermented beverages on this property, including greenbelt areas, common walkways, and common driveways, is prohibited and subject to criminal prosecution and a fine of up to $1,000."

(Added by Ord. No. 89-18, 7/11/89)

No person shall urinate or defecate on private property in any area exposed to the public view, or on any public street, sidewalk, alley, park, or other public place, except in a public or private restroom.

(Added by Ord. No. 89-18, 7/11/89)