Chapter 9.32 — INTOXICATION

State Law reference— Intoxication generally, Penal Code § 647.

The term "alcoholic beverage," when used in this chapter, means and includes alcohol, spirits, liquor, wine, or beer, 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.

(Code 1972, § 9.32.010; Ord. No. 130, § 9, 1946)

The term "public park," "street," "alley," "highway," or other "public place," when used in this chapter, means and refers only to those public parks, streets, alleys, highways, or other public places within the city limits.

(Code 1972, § 9.32.020; Ord. No. 130, § 10, 1946)

It is unlawful for any person or persons to drink or consume or attempt to drink or consume any alcoholic beverages while such person or persons are in or upon any public park, street, alley, highway, or other

public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law.

(Code 1972, § 9.32.030; Ord. No. 130, § 1, 1946)

Except in or upon those public places where the drinking or consumption of alcoholic beverages is expressly permitted by law, it is unlawful for any person or persons while in or upon any public park, street, alley, highway, or other public place, to offer or furnish or give, or cause to be offered or furnished or given, any alcoholic beverages that has been opened, or a seal broken, or the contents of which have been partially removed, to any other person or persons with the intention that such other person or persons drink or consume said alcoholic beverages while such other person or persons are in or upon any public park, street, alley, highway, or other public place. This section shall be punishable as an infraction in accordance with section 1.16.010(B).

(Code 1972, § 9.32.040; Ord. No. 130 § 2, 1946; Ord. No. 1267, § 5, 5-11-2010)

It is unlawful for any person or persons to consume or attempt to drink or consume any alcoholic beverages while such person or persons are in or upon any vehicle which is either standing or parked in or upon any public parking lot.

(Code 1972, § 9.32.050; Ord. No. 130, § 3, 1946; Ord. No. 1267, § 6, 5-11-2010)

It is unlawful for any person or persons to possess any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, while such person or persons are upon or in or over any public park, street, alley, highway or other public place, except those public places wherein or whereat the drinking and consuming of alcoholic beverages is expressly permitted by law. This section shall be punishable as an infraction in accordance with section 1.16.010(b).

(Code 1972, § 9.32.070; Ord. No. 130, § 5, 1946; Ord. No. 1267, § 8, 5-11-2010)

The violation of any of the provisions of sections 9.32.030 through 9.32.070 is found and declared to be and constitutes a menace to the safety of the general public, injurious to the health, indecent, offensive to the senses, and an obstruction to the use of public property so as to interfere with the comfort and enjoyment of such public property by the entire community and neighborhood, and by a considerable number of persons therein.

(Code 1972, § 9.32.080; Ord. No. 130, § 6, 1946)

With the exception of sections 9.32.040 and 9.32.070, any person violating any provision of this chapter or failing to comply with any of the requirements herein is guilty of a misdemeanor which may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

(Code 1972, § 9.32.090; Ord. No. 130, § 7, 1946; Ord. No. 1267, § 9, 5-11-2010)