Nevada City Municipal Code Ch. 9.18 Consumption or Possession of Alcohol on Various Public Properties

It shall be illegal for any person to consume or have possession of any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed on the Miner's Trail which runs from Broad Street, where Broad Street and the Broad Street off-ramp from Highway 49 cross and continues on until it reaches Cabin Street. It shall also be illegal to consume or have possession of any bottle, can or other receptacle containing any alcoholic beverage which has been opened or a seal broken, or the contents of which have been partially removed on the Little Deer Creek Trail which begins across the street from Pioneer Park near the intersection of Little Deer Creek and Nimrod Street, and continues to the parking lot of the Old Brewery. Additionally, it shall be illegal for any person to consume or have possession of an opened alcoholic beverage on any other city property identified on "Exhibit A" which is attached to the ordinance codified in this chapter showing both the Miner's Trail and the Little Deer Creek Trail as well as all other city property and said exhibit is incorporated herein. However, this prohibition shall not apply to the city's own use of city property.

(Ord. 2002-04 § 1, 2002; Ord. No. 2011-08, § 1(Exh. A), 5-25-2011)

It shall be illegal to consume or possess any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed in Pioneer Park except by permit. Any person or group of persons may apply to the park reservationist or his or her designee for a permit to consume and/or possess alcoholic beverages.

(Ord. 2002-04 § 2 (part), 2002; Ord. No. 2011-08, § 1(Exh. A), 5-25-2011)

A permit shall be granted if the following conditions are met:

A. An application is filed setting forth the name, address and telephone number of the applicant and any group that he or she represents that wishes to use Pioneer Park. The form shall state the estimated number of people attending the event at Pioneer Park and the hours of attendance. The application shall also state the area of the park where the applicant proposes to have alcoholic beverages consumed or possessed. The park reservationist may reduce the size of the area for alcohol consumption if he or she deems it necessary to safeguard other users of the park. The applicant and any members of any group covered by the application shall not disturb the peace of other users of the park or neighbors of the park while making use of this permit and shall not violate any conditions of the permit. The park reservationist may refuse to grant a permit to any persons or group that has violated any of the terms of any previous alcoholic permit issued or used in the previous six (6) months. Any applicant or any member of the group receiving their permit under this section shall immediately cease to consume alcohol upon the request of any police officer.

B. If more than thirty (30) persons will be using the park, then a ten-dollar ($10.00) fee and one hundred dollar ($100.00) cleaning deposit will be posted to guarantee that the area of the park used shall be left in a clean state. If the area is not properly cleaned the city may clean the area with its own employees or independent contractors and charge the cost thereto to the deposit. Also, if more than thirty (30) people will be using the park the reservations may require the applicant to provide a security and clean up for the event in order to protect the public health, safety and welfare. The park reservationist shall encourage all permittees to utilize aluminum and plastic where practicable. For groups of less than thirty (30) persons a ten-dollar ($10.00) fee will be charged to defer the cost of the reservationist's time. Permittees shall have a copy of the permit in their possession while using the park. No more than four (4) such permits shall be granted in one (1) calendar year to any one (1) person or group, except for reservations in Seaman's Lodge shall have no limit.

(Ord. 2002-04 § 2 (part), 2002; Ord. No. 2011-08, § 1(Exh. A), 5-25-2011)

It shall be illegal for any person to consume or have possession of any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed on the city's Airport Road property. Attached to the ordinance codified in this chapter as Exhibit A is a map showing the old Airport Road property above mentioned and said exhibit is incorporated herein.

(Ord. 2002-04 § 3, 2002; Ord. No. 2011-08, § 1(Exh. A), 5-25-2011)

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof, shall be punishable by the maximum penalty established by law, with the current penalty being a fine not exceeding one hundred dollars ($100.00) for the first conviction, a fine not exceeding two hundred dollars ($200.00) for a second conviction within one (1) year, and a fine not exceeding five hundred dollars ($500.00) for each additional conviction within one (1) year. Further, any person, firm or corporation who is in violation of this chapter and refuses to leave Pioneer Park, Miner's Trail, the Little Deer Creek Trail or any other city property shown on Exhibit A after being requested to do so by a police officer shall be guilty of a misdemeanor which shall be punishable by up to six (6) months in jail, a one thousand dollar ($1,000.00) fine, or both.

(Ord. 2002-04 § 4, 2002; Ord. No. 2011-08, § 1(Exh. A), 5-25-2011)

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