Article VIII — ALCOHOL USE IN COUNTY PARKS AND PUBLIC RECREATIONAL AREAS

Editor's note— Ord. No. 2771, § 1, adopted May 5, 2006, added Art. VII, §§ 15-45—15-50, to Ch. 15. Inasmuch as Art. VII had previously been added to Ch. 15, and in order to avoid the duplication of article and section numbers, the editor has redesignated the provisions added by Ord. No. 2771 as Art. VIII §§ 15- 46—15-51, herein. Ord. No. 2906, § 1, adopted Aug. 4, 2009, changed the title of Art. VIII from "Alcohol Use in County Parks" to "Alcohol Use in County Parks and Public Recreational Areas."

The Board of Supervisors finds that the public health, safety and welfare is being threatened by the activities of persons consuming alcoholic beverages within the County Parks and Public Recreational Areas of the County of Lake.

(Ord. No. 2771, § 1, 5-9-2006)

(Ord. No. 2857, § 1, 1-15-2008; Ord. No. 2906, § 2, 8-4-2009)

For the purposes of this article, the following words and phrases shall have the following meanings:

(a)

Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid sold containing alcohol, spirits, wine or beer and which contains one-half (½) of one (1) 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)

County park shall mean any County park under the jurisdiction of the County.

(c)

Special event shall mean parades, barbecues, concerts, art shows, boat and ski races, walkathons, and similar events which are open to the general public and which provide benefit to the general public. Events such as weddings, wedding receptions, reunions and organized group picnic/barbecues qualify as "Special Events."

(d)

Facility use permit shall mean a written permit issued by the Lake County Public Services Department Director.

(e)

Exemption. This article shall not apply to the following County park due to its size and multiple use: Highland Springs Park.

(f)

Public recreational area shall mean any property located within the unincorporated area of the County which is owned by the County and/or Lake County Redevelopment Agency, and which is open to the public for recreational purposes.

(Ord. No. 2771, § 1, 5-9-2006)

(Ord. No. 2857, § 1, 1-15-2008; Ord. No. 2906, § 3, 8-4-2009)

recreational area except that possession and consumption of alcohol may be allowed in a County park or public recreational area pursuant to a facility use permit issued for a special event subject to the following restrictions:

(a)

All alcohol shall be served in a non-glass beverage container.

(b)

Alcohol consumption and possession shall be limited to a specific designated area of the County park or public recreational area. Permittee shall be required to post and monitor the designated area to insure that alcohol and containers remain within the designated area.

(c)

Such special conditions of approval as deemed necessary by the Public Services Director to protect the health, safety and welfare of the public and to carrying out the intent and purpose of this article.

(Ord. No. 2771, § 1, 5-9-2006)

(Ord. No. 2857, § 1, 1-15-2008; Ord. No. 2906, § 4, 8-4-2009)

permission is sought to possess and serve an alcoholic beverage shall submit a written application to the County Public Services Department not less than ten (10) days prior to the beginning of the special event. The Public Services Director may approve the facility use permit with such conditions that are necessary for the protection of the health, safety and general welfare of the people of Lake County, including those persons attending the special event or the Public Service Director may deny the application when necessary to protect the health, safety and general welfare of the County of Lake.

designated in Section 15-46.1(b) and Public Recreational Areas designated in Section 15-47.1(f), unless otherwise exempted in Section 15-47.1(e), an adequate sign or marking bearing the words "Alcoholic Beverages Prohibited Except As Allowed by Facility Use Permit."

(Ord. No. 2771, § 1, 5-9-2006)

(Ord. No. 2857, § 1, 1-15-2008; Ord. No. 2906, § 5, 8-4-2009)

The violation of this article is an infraction. The first violation is punishable by a fine not to exceed twenty dollars ($20.00). The second violation in the same year is punishable by a fine not to exceed fifty dollars ($50.00). The third and subsequent violations in the same year are punishable by a fine not to exceed seventy-five dollars ($75.00).

(Ord. No. 2771, § 1, 5-9-2006)

(Ord. No. 2857, § 1, 1-15-2008)

The provisions of this article shall expire twelve (12) months from the effective date of this ordinance [codified in this article], unless the Board of Supervisors, by ordinance, extends such time period.

(Ord. No. 2771, § 1, 5-9-2006)

(Ord. No. 2857, § 1, 1-15-2008)