Chapter 13 — ALCOHOLIC BEVERAGES

It shall be unlawful for any person to consume any alcoholic beverage consisting of malt, spirituous, or vinous liquor containing more than one-half of one (0.5) percent of alcohol by volume:

• (a) Upon any public street, sidewalk, highway, or alley;

• (b) Upon any public school ground, bleacher, or stadium;

• (c) In any place open to the public;

• (d) Upon any private street, building, or other private property without the consent of the person or entity in possession or control of such private street, building, or other private property; or

• (e) In any public park; provided, however, this section shall not apply where the consumption is upon any premises licensed for the consumption of such beverages upon such premises at or within a location for which a permit has been granted by the City for the consumption of such beverages at such location.

• (§ 1, Ord. 603, eff. July 22, 1982, as amended by § 1, Ord. 716, eff. December 12, 1996, § 1, Ord. 727, eff. May 28, 1998, and § 1, Ord. 786, eff. November 25, 2005, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

It shall be unlawful for any person to do any of the actions prohibited by Section 4-13.01 of this chapter. Any person who shall violate any provision of Section 4-13.01 of this chapter shall be guilty of a misdemeanor. Upon conviction of a misdemeanor, such person shall be punished by a fine of not more than $500 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment.

(§ 1, Ord. 603, eff. July 22, 1982, as amended by § 4, Ord. 741, eff. November 23, 1999, and § 2, Ord. 786, eff. November 25, 2005, repealed and replaced by § 1, Ord. 788, eff. February 24, 2006, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Except as permitted by Article 1, Section 4 of the California Constitution, any party, gathering, or event ("assemblage") where five or more persons under the age of 21 are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of 21, is declared to be a public nuisance.

(§ 3, Ord. 786, eff. November 25, 2005, repealed and replaced by § 1, Ord. 788, eff. February 24, 2006, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-13.04

§ 4-13.06

A peace officer charged with the enforcement of this Code shall have the authority, pursuant to Section 1-6.103 hereof, to issue an administrative citation for the violation of Section 4-13.03 of this chapter to the owner of the property and/or the person in charge of the property and/or the person responsible for the assemblage. The citation shall either be personally served on the owner of the property and/or the person in charge of the property and/or the person responsible for the assemblage or if the officer is unable to identify immediately any such person, mailed certified by the next business day to the owner of the property as identified on the tax assessor's roll.

(§ 1, Ord. 788, eff. February 24, 2006, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) Whenever a peace officer charged with the enforcement of this Code determines that a violation of Section 4-13.03 of this chapter has occurred, the peace officer shall, pursuant to Section 5-6.05 of this Code, direct the owner of the property and/or the person in charge of the property and/or the person responsible for the assemblage, to disperse immediately the assemblage, or if the officer is unable to identify immediately the owner, the person in charge of the property, or the person responsible for the assemblage, shall command all those attending the party, gathering or event to disperse immediately.

• (b) When a police response pursuant to subsection (a) of this section occurs, the senior peace officer at the scene, in addition to the issuance of any citation, administrative fine, or arrest that he or she may feel is appropriate, shall either (1) at that time, personally notify the owner of the property and/or the person in charge of the property and/or the person responsible for the assemblage that such person or persons shall be held personally liable, jointly and severally, for the City's cost of providing any follow-up or additional police response during the next 12 months for violation of Section 4-13.03 of this chapter; or (2) thereafter, mail such notification in writing by certified mail to the owner as identified on the tax assessor's roll.

(§ 1, Ord. 788, eff. February 24, 2006, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) The amount of the fine for violation of Section 4-13.03 of this chapter, the increased fines for repeat violations, and the amount of late payment charges imposed for the payment of a fine after its due date, shall be specified by schedule pursuant to Section 1-6.105 of this Code.

• (b) Follow-up or additional police responses by the police services within 12 months of the initial violation of Section 4-13.03 of this chapter to control the threat to the public peace, health, safety, or general welfare caused by the continuing or additional violation(s) of Section 4-13.03 of this chapter shall be deemed to be on a special security assignment over and above normal police services. The owner of the property and/or the person in charge of the property where such assemblage occurs and/or the person responsible for such assemblage shall be personally responsible for the cost of such follow-up or additional responses by the police services in an amount determined upon a cost accounting basis by the City, per administrative guidelines adopted by the City and approved by resolution of the City Council. The cost of such special police security shall include damage to City property and/or injuries to City personnel. The fee charged shall not be in excess of $1,000

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City of Ojai, CA § 4-13.06

OJAI CODE

§ 4-13.06

for a single follow-up or additional response. In addition to the foregoing, the City reserves its right to elect any other legal remedies.

(§ 1, Ord. 788, eff. February 24, 2006, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-14.01

§ 4-14.02