Lindsay Municipal Code § 14.02 Prohibiting Alcoholic Beverages

1. The purpose of this title is to prohibit the possession and consumption of all alcoholic beverages in all city parks and recreation areas except in specially designated city parks with a permit.
2. Police officers responding to all calls for assistance at city parks and recreation areas have frequently encountered intoxicated 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, impedes criminal investigations, and reflects negatively on the good image of the city.
3. The purpose of this title is, therefore, to:
4. Minimize community exposure to certain negative behavior and incidents that are associated with the consumption of alcoholic beverages;
5. Reduce the expenditure of time spent by law enforcement officers dealing with the aforementioned type of issues; and
6. To maintain an environment which is conducive to, and reflects the community commitment to a safe and healthy public environment.

HISTORY Adopted by Ord. 554 on 7/12/2016

It is unlawful for any person to possess and/or consume any alcoholic beverage within the boundaries of every public park/recreation area located within the city, which is owned, operated, and/or maintained by the city.

HISTORY Adopted by Ord. 554 on 7/12/2016

"Alcoholic beverages" as used herein means and includes 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.

HISTORY Adopted by Ord. 554 on 7/12/2016

The 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 (300) feet when a park or recreation area's boundary is adjacent to a public street. Signs posted at parks or recreation areas shall state the following: "Possession and/or consumption of any alcoholic beverage without a permit is prohibited by City Ordinance Section 14.02.020."

HISTORY Adopted by Ord. 554 on 7/12/2016

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

1. The person has reserved through the city services department, a group picnic or special event site at Centennial Park (including the north extension of the Park), Harvard Park, Sweet Brier Plaza or Kaku Park.
2. The person or group is in possession of a valid permit.
3. A person (group/activity representative) must have applied for, been granted and be in possession of a permit to possess alcoholic beverages from the planning department of the city.
4. A permit will only be granted in conjunction with the reservation of a group picnic or special event area at the aforementioned community park.
5. The permit must be presented to any city employee 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 boundaries and restrictions associated with the permit. The permit shall expire at ten p.m. on the date specified for its use. The exemption, under this provision, will remain in effect up to one-half hour, thirty (30) minutes, after the sanctioned event has concluded.
6. The planning department shall establish reasonable rules and regulations for the application, issuance and processing of such permit and the terms and conditions applicable to the permit to allow possession and consumption of alcoholic beverages in the aforementioned parks.
7. Exempted Facilities. 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 (i.e. golf course, sports complex, etc.) are exempted from this prohibition of no possession or consumption of alcoholic beverages.

HISTORY Adopted by Ord. 554 on 7/12/2016

Any person, violating any of the provisions of this title, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine in an amount which is set by resolution of the City Council 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 a fine in an amount which is set by resolution of the City Council.

(Ord. 604 2023)

HISTORY Adopted by Ord. 554 on 7/12/2016