Isleton Municipal Code Ch. 6.08 Intoxication

A. Alcoholic beverages include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

B. Public place includes any street, sidewalk, alley, highway, public building, facility or courtyard, parkway, schoolground, block 12, Lots 1, 2 and a portion of lots 3 and 5, known as City Hall Park; block 30, lots 5 and 6 known as Main Street Park; block 21A and a portion of block 22A, Lot 1 known as Triangle Park; children's playground area within portion of block 53, known as The Ball Park; boat ramp facility located between 1st Street and the Sacramento River, north of the extension of A Street, and any property used or intended to be used for the parking of motor vehicles by the patrons of public buildings and facilities, or commercial establishments.

(Ord. No. 190; Ord. No. 255)

It shall be unlawful for any person to consume any alcoholic beverage in any public place within the city. It shall also be unlawful for any person to have in his or her possession, while in any public place within the city, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken or the contents of which have been partially removed.

(Ord. No. 190; Ord. No. 255)

The chief of police may grant a permit exempting public events, celebrations, parades and festivals from the prohibition of this chapter. In the event the chief of police shall refuse to issue such permit, he shall notify the applicant in writing of the denial. The applicant may appeal the decision of the chief of police to the city council. The appeal shall be in writing and shall be filed with the city clerk within ten days after the giving of the written notice of denial.

The city council may by resolution establish a fee for the filing of an application for an exemption permit, which fee shall be non-refundable.

(Ord. No. 190; Ord. No. 255)

It shall be unlawful for any intoxicated person, or any person in an intoxicated condition willfully to appear, remain or be in or on any public highway, street, alley way, park, playground or public place in the city, whether such person is or is not in or upon any automobile, vehicle or conveyance. Provided, however, that the provisions of this section shall not apply to any person or persons in a state of intoxication while said person or persons are riding as passengers in a motor vehicle which is operated or driven by any other person who is not then and there under the influence of intoxicants.

It shall be unlawful for any intoxicated person, or any person in an intoxicated condition, willfully to appear, remain or be in or on any place open to public view or in any store, railway depot, stadium, or other place to which the public is admitted or invited, or in or on any private premises or in any private house to the annoyance of any other person.

(Ord. No. 190; Ord. No. 255)

Any person, firm, partnership, venture, association or corporation violating any of sections 6.08.020 and 6.08.030 of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding $500.00, or by imprisonment for not exceeding six months or both such fine and imprisonment.

(Ord. No. 190; Ord. No. 255)