La Mesa Municipal Code Ch. 10.36 Intoxication

For the purposes of this chapter the word "intoxication", in addition to its ordinary and usual meaning, shall mean a condition resulting from the willful use of drugs, or any other substance, or any combination thereof, by consuming, inhaling, injecting or otherwise, wherein or whereby a person's normal faculties, either of perception or of will or of judgment, are impaired so that he does not have the capacity either to walk or talk with the usual caution, care, and manner of a sober person of ordinary prudence or to exercise the care and caution of a sober and prudent man, and any person in such condition for the purpose of this chapter shall be deemed to be intoxicated.

(Ord. 1294 § 2; June 12, 1962)

No intoxicated person or any person in an intoxicated condition willfully shall appear, remain, or be in or on any public highway, street, alleyway, park playground, or public place in the city whether such person is or is not in or upon any automobile, street or inter-urban car, vehicle or conveyance.

(Ord. 1294 § 3, June 12, 1962)

No intoxicated person or person in an intoxicated condition willfully shall appear, remain, or be in or on any place opened to public view or in any store, railroad depot, stadium, or other place to which the public is admitted or invited.

(Ord. 1294; June 12, 1962)

No intoxicated person or person in an intoxicated condition willfully shall appear, remain, or be in or on any private premises or in any private house to the annoyance of any other person.

(Ord. 1294; June 12, 1962)

It is unlawful for any person, firm or corporation to possess, transport, use or consume in any manner or form (or to cause to be transported, used or consumed in any manner or form) any alcoholic beverage, as the same is defined in the Alcoholic Beverage Control Act of the State of California, within, over or upon the public parks in the City of La Mesa, or any part thereof, or within or upon any structure therein, except pursuant to a permit issued by the Chief of Police. Permits for the drinking of alcoholic beverages shall be issued by the Chief of Police in accordance with the policy procedure established by the City Council.

(Ord. 2279; December 24, 1981)

(a) No person shall consume any alcoholic beverage on any street, sidewalk, alley, highway, school property, public parking structure, public playground or park, or any property open to the public not licensed by for the consumption of alcoholic beverages. Possession of any receptacle containing any alcoholic beverage which has been opened, the seal broken or the contents thereof partially consumed, constitutes a rebuttable presumption that the person possessing said receptacle is consuming its contents. For purposes of this section, "alcoholic beverage" means and includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin and brandy, and any mixture containing one or more alcoholic beverages.

(b) This section shall not apply to any city sponsored event or event authorized by a city permit whereby the chief of police expressly authorizes the consumption of alcoholic beverages.

(c) It shall be unlawful for any person to violate any provision of this section. A violation of any provision of this section shall constitute an infraction pursuant to Chapter 1.01 of the La Mesa Municipal Code.

(Ord. No. 2009-2804, § 1; November 10, 2009)