Visalia Municipal Code Art. 4 Prohibiting Alcoholic Beverages

A. The purpose of this article is to prohibit the possession and consumption of all alcoholic beverages in all city parks and recreation facilities except in specially designated city parks with a permit.

B. Police officers responding to all calls for assistance at city parks and recreation facilities 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.

C. The purpose of this article is, therefore, to:

1. Minimize community exposure to certain negative behavior and incidents that are associated with the consumption of alcoholic beverages;

2. Reduce the expenditure of time spent by law enforcement officers dealing with the aforementioned type of issues; and

3. To maintain an environment which is conducive to, and reflects the community commitment to a safe and healthy public environment. (Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 2, 1999: prior code § 5600)

It is unlawful for any person to possess and/or consume any alcoholic beverage within the boundaries of every public park/recreation area. The City Manager or designee shall maintain a listing of the park and recreation facilities where possession and consumption of alcoholic beverages may be allowed with a permit issued pursuant to Article 2. (Ord. 2019-07 § 2 (part), 2019: prior code § 5601)

Each park or recreation area shall be clearly posted with a warning sign at all common entry points, and a sign shall be posted at intervals up to 1,500 feet, or at shorter intervals when necessary to provide adequate notice and otherwise maintain visibility of the signage from the right-of-way when a park or recreation area's boundary is not otherwise blocked by natural or manmade barriers that prevent or prohibit access or entry. Signs posted at park and recreation facilities where possession and consumption of alcoholic beverages may be allowed by permit shall state the following:

"Possession and/or consumption of any alcoholic beverage without a permit is prohibited by City Ordinance Section 12.32.065."

Signs posted at all remaining parks shall state the following:

"Possession and/or consumption of any alcoholic beverage is prohibited by City Ordinance Section 12.32.065."

(Ord. 2024-09 § 2 (part), 2024: Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 3, 1999: prior code § 5603)

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

A. A person (group/activity representative) must have applied for, been granted and be in possession of and compliance with a permit issued pursuant to Article 2 of this chapter to possess and consume alcoholic beverages.

B. The permit must be presented to any park official 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 designated areas of use and any other restrictions associated with the permit, and shall be responsible for ensuring that those individuals consuming alcoholic beverages are of legal age to do so. The permit shall expire according to the terms of the permit, or in the absence of a designated expiration time, at the conclusion of the sanctioned event or designated hour for park closure, whichever occurs first.

C. Attendance at 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 courses, race tracks, softball fields, sports complex, etc.) may be exempted from time to time from this prohibition of no possession or consumption of alcoholic beverages if so designated by the City Manager or designee. (Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 4, 1999: prior code § 5604)

Any person, violating any of the provisions of this article, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) 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 aninfraction shall be a fine of a maximum of two hundred fifty dollars ($250.00) per violation. (Ord. 2019-07 § 2 (part), 2019: prior code § 5605)