Exeter Municipal Code Art. 4 Prohibiting Alcoholic Beverages

A. The purpose of this article is to prohibit the possession and consumption of all alcoholic beverages in all city parks and recreation facilities except in specially designated city parks with a permit.

B. Police officers responding to all calls for assistance at city parks and recreation facilities have frequently encountered intoxicated persons and on some occasions, belligerent individuals and groups. The consumption of alcoholic beverage often makes control of such situations, which are already tense, very difficult. In addition, the excessive consumption of alcoholic beverage in and of itself often results in the need for law enforcement intervention. This results in increased costs to the city and impedes criminal investigations negatively affects the safety of the public and community's health and welfare.

C. The purpose of this article is, therefore, to:

1. Minimize community exposure to certain negative behavior and incidents that are associated with the consumption of alcoholic beverages;

2. Reduce the expenditure of time spent by law enforcement officers dealing with the aforementioned type of issues; and

3. To maintain an environment which is conducive to, and reflects the community commitment to a safe and healthy public environment.

(Ord. No. 697, §1, 7-27-2021)

It is unlawful for any person to possess and/or consume any alcoholic beverage within the boundaries of any public park/recreation area. The city administrator or designee shall maintain a listing of the park and recreation facilities where possession and consumption of alcoholic beverages may be allowed with a permit issued pursuant to Article 2.

(Ord. No. 697, §1, 7-27-2021)

Each park or recreation area shall be clearly posted with a warning sign at all common entry points, and a sign shall be posted every three hundred feet when a park or recreation area's boundary is adjacent to a public street. Signs posted at park and recreation facilities where possession and consumption of alcoholic beverages may be allowed by permit shall state the following:

"Possession and/or consumption of any alcoholic beverage without a permit is prohibited by city ordinance Section 11.01.065."

Signs posted at all remaining parks shall state the following:

"Possession and/or consumption of any alcoholic beverage is prohibited by city ordinance Section 11.01.065."

(Ord. No. 697, §1, 7-27-2021)

A person may be exempt from this article if the following is applicable:

A. A person (group/activity representative) must have applied for, been granted and be in possession of and compliance with a permit issued pursuant to Article 2 of this chapter to possess and consume alcoholic beverages.

B. The permit must be presented to any city official or police officer upon request. Such permit shall state the designated park and specific group/activity area reserved for the permit. The person who has applied for and is in possession of such permit, shall be responsible for notifying those persons in the group/activity of such designated areas of use and any other restrictions associated with the permit, and shall be responsible for ensuring that those individuals consuming alcoholic beverages are of legal age to do so. The permit shall expire according to the terms of the permit, or in the absence of a designated expiration time, at the conclusion of the sanctioned event or designated hour for park closure, whichever occurs first.

C. Attendance at facilities which have controlled access and/or are physically separated from the remainder of a city park/recreation area by a common barrier or fence, and provided such facilities are being utilized for their intended purposes (playgrounds, softball fields, sports complex, etc.) may be exempted from time to time from this prohibition of no possession or consumption of alcoholic beverages if so designated by the city administrator or designee.

(Ord. No. 697, §1, 7-27-2021)

Any person, violating any of the provisions of this article, shall be guilty of a misdemeanor, and upon conviction thereof, said violation shall be punishable by a criminal fine of not more than one thousand dollars or by the imprisonment in the County of Tulare jail for not more than six months, or both such fine and imprisonment. The city attorney or his/her designee will have the discretion to reduce said violation to an infraction. The penalty for an infraction shall be set by resolution of the city council. Furthermore, the city may cite and enforce any violations of this article as authorized by and in accordance with this Code.

(Ord. No. 697, §1, 7-27-2021)