Huron Municipal Code Ch. 9.08 Alcohol-Related Offenses

Footnotes:

--- (1) ---

Editor's note— Ord. No. 358, § 1, adopted July 6, 2011, amended Chapter 9.08 in its entirety to read as herein set out. Former Chapter 9.08,§§ 9.08.010—9.08.030 pertained to alcohol related offenses and derived from Ord. 117, §§ 1—5, adopted 1971; and Ord. 300, § 2, adopted 1995.

A. The drinking of alcoholic beverages, and the possession of opened containers of alcoholic beverages, while upon the public streets, public sidewalks, public alleys and public grounds of the City of Huron is found to be injurious to the health, safety and general welfare of the residents of the City of Huron.

B. No person shall drink any alcoholic [beverage] while upon any public streets, public sidewalks, public alleys and public grounds of the City of Huron.

C. No person shall have in his or her possession, while upon any public streets, public sidewalks, public alleys and public grounds of the City of Huron, any bottle, can or other receptacle, containing any alcoholic beverage which has been opened, or the seal broke, or the contents of which have been partially removed.

D. Any person who is found in any place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, any drug, controlled substance, toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by the reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of intoxicating liquor, any drug, controlled substance, toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public walkway is guilty of a misdemeanor.

E. No person shall use, or be under the influence of any controlled substance, while in public, which is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054 of the Heath & Safety Code, specified in paragraph (14), (15), (21), (22), or (23) of subdivision (d) of Section 11054 of the Health & Safety Code, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055 of the Heath & Safety Code, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. Any person convicted of violating this subdivision is guilty of a misdemeanor.

(Ord. No. 358, § 1, 7-6-11)

The provisions of Section 9.08.10(B) and (C) shall not apply to drinking alcoholic beverages or the possession of opened containers of alcoholic beverages in motor vehicles insofar and so long as those matters are regulated by Sections 23220 through 23223 of the California Vehicle Code.

(Ord. No. 358, § 1, 7-6-11)

Any person violating any provision(s) of Section 9.08.010 shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), or by imprisonment of not more than six (6) months, or by both such fine and such imprisonment.

(Ord. No. 358, § 1, 7-6-11)