San Diego County Municipal Code Ch. 2 Limitations on Alcoholic Beverage Consumption in Public Places

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*Note--Chapter 2 repealed by Ord. No. 2274 (N.S.), effective 11-23-61. New Chapter 2, titled Intoxication from Cements and Glues, added by Ord. No. 2438 (N.S.), effective 11-22-62, and repealed by Ord. No. 5200 (N.S.), effective 8-10-78. New Chapter 2, titled Alcoholic Beverage Consumption Prohibition, added by Ord. No. 5321 (N.S.), effective 1-11-79; amended by Ord. No. 9970 (N.S.), effective 3-12-09, with amended title Limitations on Alcoholic Beverage Consumption in Public Places.

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The purpose of this chapter is to prohibit consumption of alcoholic beverages in certain public places in the unincorporated area of the County. This chapter also prohibits open containers of alcoholic beverage on the premises of certain retail package off-sale alcoholic beverage licensees in the unincorporated area. This chapter is not intended to limit consumption of alcoholic beverages or possession of open containers of alcoholic beverages at an event for which the both the County and the California Department of Alcoholic Beverage Control have issued permits.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)

The following definitions shall apply to this chapter:

(a) "Alcoholic beverage" has the same meaning as the term "alcoholic beverage" in Business and Professions Code section 23004.

(b) "Open container of an alcoholic beverage" means any bottle, can or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents of which have been partially removed.

(c) "Posted premises" means those premises, located in designated areas of the County regulated by this chapter, which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk that the possession of an open container of an alcoholic beverage on the premises, the parking lot and the adjacent sidewalk is prohibited by law.

(d) "Public place" means any public street, sidewalk, walkway, alley or other public property, but does not include a County park unless the park is specifically referred to in this chapter by name and does not include a restaurant, bar or other business licensed to sell alcoholic beverages to the public at an outdoor cafe.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) It shall be unlawful for a person to consume an alcoholic beverage:

(1) In a public place within the following limits in the Julian area:

Starting at the intersection of Third and "C" Streets and proceeding southwest on "C" Street to its intersection with Fourth Street, then northwest on Fourth Street to its intersection with Washington Street, then northeast on Washington Street to its intersection with Third Street and then southeast on Third Street to the point of beginning. The area designated above shall include all sidewalks along its outer perimeter.

(2) While on any of the following streets and adjoining sidewalks in the Julian area:

(A) A Street.

(B) Main Street between Washington Street and A Street.

(C) Farmer's Road between A Street and Winola Road.

(D) Old Cuyamaca Road.

(E) Coleman Circle.

(F) Porter Drive.

(G) Payson Drive.

(H) Lot "A" Road.

(I) Desert View Park.

(3) While on or within the property boundary of the area governed by the Julian Cemetery District, commonly known as the Julian Cemetery, which property boundary is bordered by Farmer's Road on the northeast boundary, by "A" Street on the southeast boundary and by barbwire fencing on the southwest and northwest boundaries.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a)(1), (2) and (3) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a)(1), (2) and (3) above.

(Added by Ord. No. 5321 (N.S.), effective 1-11-79; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 7677 (N.S.), effective 11-16-89; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

(a) It shall be unlawful for a person to consume an alcoholic beverage, in a public place within the following limits in the Fallbrook area:

Starting at the intersection of East Mission Road and Iowa Street and proceeding south on Iowa Street to its intersection with Ivy Street, then west on Ivy Street to its intersection with Orange Avenue, then south on Orange Avenue to its intersection with Hawthorne Avenue, then west on Hawthorne Avenue to its intersection with Vine Street, then south on Vine Street to its intersection with Fig Street, then east on Fig Street to its intersection with Old Stage Road, then south on Old Stage Road to its intersection with Elder Street; then easterly on Elder Street to its intersection with Elbrook Drive, then south on Elbrook Drive to its intersection with Fallbrook Road, then west on Fallbrook Road to its intersection with Old Stage Road, then south on Old Stage Road to its intersection with South Mission Road, then northeast on South Mission Road to its intersection with O'Hearn Road, then west on O'Hearn Road to its intersection with Hill Avenue, then north on Hill Avenue to its intersection with Clemmens Lane, then easterly on Clemmens Lane to its intersection with South Mission Road and then north and east on South Mission Road, North Mission Road, West Mission Road and East Mission Road to the point of beginning. The area designated above shall include all sidewalks along its outer perimeter.

(b) It shall also be unlawful for a person to consume an alcoholic beverage on the following streets and adjoining sidewalks in the Fallbrook area:

(1) East Mission Road between Old Stage Road and Air Park Road.

(2) Davis Drive.

(3) Laurine Lane.

(4) Palomino Road between Old Stage Road and Beaman Lane.

(5) Markell Lane.

(6) Clemmens Lane between Hill Avenue and Alturas Road.

(7) Alvarado Street between Vine Avenue and Brandenburg Lane.

(8) Brandenburg Lane.

(9) Mission Road between Iowa Avenue and Santa Margarita Drive.

(10) Ivy Street from Iowa Avenue to its most easterly point.

(c) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsections (a) and (b) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(d) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsections (a) and (b) above.

(Added by Ord. No. 5431 (N.S.), effective 4-12-79; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

(a) It shall be unlawful for a person to consume an alcoholic beverage on the following streets and adjoining sidewalks in the Rainbow area:

(1) Rainbow Valley Boulevard.

(2) Second Street between Interstate15 and Huffstatler Street.

(3) Fifth Street between Interstate15 and Rainbow Valley Boulevard.

(4) Huffstatler Street between Second Street and Rainbow Valley Boulevard.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a) above.

(Added by Ord. No. 5823 (N.S.), effective 8-14-80; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

It shall be unlawful for a person to consume an alcoholic beverage or possess an open container of an alcoholic beverage at any location within the perimeter of Old Ironsides County Park, including all parking areas and all walkways adjacent to the outer perimeter of the park. Old Ironsides County Park is bordered by Noakes Street on the north, a private fence line on the south, Harbison Canyon Road on the west and Silverbrook Drive on the east.

(Added by Ord. No. 7678 (N.S.), effective 11-16-89; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

It shall be unlawful for any person to consume an alcoholic beverage or possess an open container of an alcoholic beverage at any location within the perimeter of Nancy Jane County Park including all parking areas and walkways adjacent to the outer perimeter of the park. Nancy Jane County Park is bordered by North Park Drive on the north, Park Boulevard on the south, Eucalyptus Drive on the west and La Cresta Boulevard on the east.

(Added by Ord. No. 7278 (N.S.), effective 11-16-89; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

(a) It shall be unlawful for any person to consume an alcoholic beverage in any public place within the following limits of the Borrego Springs area:

(1) Starting at the intersection of Digiorgio Road and Palm Canyon Drive and proceeding west on Palm Canyon Drive to and including Christmas Circle, including cul de sacs Nordeste and Sureste and then west on Palm Canyon Drive to its intersection at County Club Road and Ocotillo Drive. The area designated above shall include all sidewalks along its outer perimeter.

(2) On or within the property boundaries of the area covered by the Borrego Springs Youth Center, which is adjacent to Circle J Drive on the southern boundary of the property and Cahuilla Road on the northern boundary. The area designated above shall include all sidewalks along its outer perimeter.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a) above.

(Added by Ord. No. 7678 (N.S.), effective 11-16-89; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

(a) It shall be unlawful for any person to consume an alcoholic beverage in a public place within the following limits of the La Presa area:

Starting at the intersection of Jamacha Road and Sweetwater Road and proceeding east on Jamacha Road to Grand Avenue, then east on Apple Street to the intersection of Sangamon Avenue, with Omega Street to the intersection of Omega Street and Jamacha Boulevard, then west to the intersection of Jamacha Boulevard and San Diego Street, then along San Diego Street southwest on a line that connects San Diego Street with San Carlos Street, then west along a line that follows San Carlos Street to the intersection of Paradise Valley Road and Sweetwater Road and then north to the intersection of Jamacha Road and Sweetwater Road. The area designated above shall include all sidewalks along its outer perimeter.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a) above.

(Added by Ord. 7678 (N.S.), effective 11-16-89; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

(a) It shall be unlawful for any person to consume an alcoholic beverage in a public place within the following limits of the Casa de Oro area:

Starting at the intersection of Campo Road and Rogers Road and proceeding north along Rogers Road to the intersection of Rogers Road and Conrad Drive, then along a line connecting the intersection of Rogers Road and Conrad Drive with the intersection of Fury Lane and Avocado Boulevard, then south along Avocado Boulevard, to Highway 94, then west along the north side Highway 94 point directly south of the intersection of Campo Road and Rogers Road and then north to the beginning point. The area described above shall include all sidewalks along its outer perimeter.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a) above.

(Added by Ord. No. 7678 (N.S.), effective 11-16-89; amended by Ord. No. 7744 (N.S.), effective 5-24-90; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

(a) It shall be unlawful for any person to consume an alcoholic beverage in a public place within the following limits of the Valley Center area:

Starting at the south side of eastbound Pala Road (County Route 76) where it intersects with the eastern boundary of Interstate 15, then east along Pala Road (County Route 76) to the intersection of Rice Canyon Road, then north on Rice Canyon Road to the intersection of Rainbow Valley Boulevard, then north on Rainbow Valley Boulevard to the Riverside County boundary line, then east along the Riverside County boundary line until it intersects with County Route 79, then south along County Route 79 to the intersection of Highway 76, then west on Highway 76 to the intersection of Valley Center Road, then south on Valley Center Road to the intersection of Lake Wolford Road, then south on Lake Wolford Road to the intersection of Valley Center Road, then south on Valley Center Road to the intersection of Valley Parkway, then west on Valley Parkway to the intersection of the eastern boundary of Interstate 15 and then north along the eastern boundary of Interstate 15 to the starting point. The area designated above shall include any sidewalks on its outer perimeter. The designated area shall not include any land located on the Pala Indian Reservation, the Pauma Indian Reservation, the Rincon Indian Reservation, the La Jolla Indian Reservation, the San Pasqual Indian Reservation, the Las Coyotes Indian Reservation, the Santa Ysabel Indian Reservation, the Mesa Grande Indian Reservation, the Cleveland National Forest, Palomar Mountain State Park, the incorporated City of Escondido, any County park property and any District park property.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the bounded area designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the area designated in subsection (a) above.

(Added by Ord. No. 7678 (N.S.), effective 11-16-89; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

It shall be unlawful for any person to consume an alcoholic beverage in a public place within the following limits of the Ramona area:

(a) Main Street (Highway 67) between the eastern curb of 3rd Street west to the western curb of Ramona Street and one block to the north and to the south of Main Street, north being the northern curb of "B" Street between the east curb of 3rd Street to 12th Street and extending in an imaginary line west to the western curb of Ramona Street and south being the south curb of "D" Street between the east curb of 3rd Street west to the western curb of 3rd Street west to the western curb of 16th Street. The area designated above shall include all sidewalks on its outer perimeter.

(b) The area bordered by "D" Street and the south curb of "I" Street between the west curb of 9th and the east curb of 8th Streets. The area designated above shall include all sidewalks on its outer perimeter.

(c) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) and (b) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(d) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsections (a) and (b) above.

(Added by Ord. No. 7678 (N.S.), effective 11-16-89; amended by Ord. No. 7689 (N.S.), effective 12-21-89; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

(a) It shall be unlawful for any person to consume an alcoholic beverage in any public place within the following limits of the Fairbanks Ranch area:

Starting at the intersection of Circo Diegueno Road and Rancho Diegueno Road and proceeding northerly along Rancho Diegueno Road to San Dieguito Road, then proceeding easterly on San Dieguito Road to the end of San Dieguito Road and then proceeding northerly from the intersection of San Dieguito Road and El Apajo to the end of El Apajo. The area designated above shall include all sidewalks on its outer perimeter.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a) above.

(Added by Ord. No. 7689 (N.S.), effective 12-21-89; repealed and reenacted to read as set out by Ord. No. 7911 (N.S.), effective 6-27-91; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)--Alcoholic beverage licenses, Business and Professions Code, § 23000 et seq.

(a) It shall be unlawful for any person to consume any alcoholic beverage, as defined in California Business and Professional Code, Section 23004, upon any public street, sidewalk, alley, plaza, parking lot or uninhabited area within the following limits in the Bonsall area:

(1) Within 500 feet either side of Highway 76, starting at the East Vista Way extending northerly to Sweetgrass Lane.

(2) Within 500 feet either side of Olive Hill Road from the intersection with Highway 76 westerly one quarter of a mile.

(3) Within 500 feet either side of West Lilac Road from the intersection with Highway 76 easterly one quarter of a mile.

(4) Within 1,000 feet either side of South Mission Road from the intersection with Highway 76 northwesterly one quarter of a mile.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a) above.

(Section 36.214, exemptions, added by Ord. No. 7911 (N.S.), effective 6-27-91; section repealed and new section added by Ord. No. 8262 (N.S.), effective 7-15-93; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) It shall be unlawful for any person to consume an alcoholic beverage in any public place within the following limits in the Kenwood/Bancroft area:

Starting at the intersection of Kenwood Drive and Campo Road proceeding west along Campo Road to the intersection of the County portions of Broadway and Sweetwater Road, then south along Sweetwater Road to the intersection of Sweetwater Road and Valencia Street, then east along Valencia Street to the intersection of Valencia Street and Bancroft Drive, then north along Bancroft Drive to the intersection of Bancroft Drive and Rosedale Drive, then east along Rosedale Drive to the intersection of Rosedale Drive and Helix Drive, then south along Helix Drive to the intersection of Helix Drive and Montemar Drive, then east along Montemar Drive to the intersection of Montemar Drive and Lamar Street, then north along Lamar Street to the intersection of Lamar Street and Upland Drive, then east along Upland Drive to the intersection of Upland Drive and Kenora Drive, then north along Kenora Drive to the intersection of Kenora Drive and Kenwood Drive and then north to the beginning point. The area designated above shall include all sidewalks along its outer perimeter.

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that state that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a) above.

(Added by Ord. No. 9509 (N.S.), effective 10-29-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) It shall be unlawful for any person to consume an alcoholic beverage or to have in his or her possession an open container of an alcoholic beverage in the following public places in the Lakeside area:

• Channel Road

• Lakeside Avenue between Channel Road and Riverside Drive

• Lakeside Avenue between Channel Road and Highway 67

Riverside Drive between Lakeside Avenue and Riverford Road

Riverford Road between Highway 67 and El Nopal Road

El Nopal Road from Riverford Road, east, to the dead-end of El Nopal

Palm Row

Woodside Avenue between Riverford Road and Vine Street (boundary of Lindo Lake Park)

• Chestnut Street between Vine Street and Lindo Lane

• Lindo Lane between Chestnut Street and Caraway Street

• Cactus Street

• Vine Street

Maine Avenue

Laurel between River Street and Beachtree Street

River Street

Parkside Street

Petite Lane between Julian Avenue and Lakeshore Drive

Lakeshore Drive between Channel Road and Petite Lane

Julian Avenue between Channel Road and Lake Jennings Park Road

Industry Road between Channel Road and Winter Gardens Boulevard

Winter Gardens Boulevard between Industry Road and Pepper Drive

Mapleview Street

Lake Jennings Park Road

Old Highway 80/Business Interstate 8 between Aurora Drive and Dunbar Lane

Los Coches Road between Maine Avenue and Camino Canada

Willows Road east from Highway 67, to and including 13145 Willows Road

Ashwood Street between Willows Road and Laurel Street

(b) A licensee issued a retail package off-sale alcoholic beverage license by the California Department of Alcoholic Beverage Control located in the areas designated in subsection (a) above shall post the licensed premises and the immediate adjacent parking lot with notices clearly visible to patrons of the licensee and the parking lot and to persons on any adjacent public sidewalk that states that possession of an open container of an alcoholic beverage on the licensed premises, in the adjacent parking lot or the adjacent public sidewalk, is prohibited by law.

(c) No person who has in his or her possession an open container of an alcoholic beverage shall enter, be or remain on any posted premises located within the areas designated in subsection (a) above.

(Added by Ord. No. 9509 (N.S.), effective 10-29-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

This chapter shall not apply to any person participating or attending an event for which a license to serve alcoholic beverages has been issued by the County and the California Department of Alcoholic Beverage Control, and the person is at the location where the event is occurring and is following the conditions, limitations and restrictions imposed by the licensing authorities.

(Added by Ord. No. 8262 (N.S.), effective 7-15-93; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

A violation of this chapter is an infraction.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)