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HomeMy WebLinkAbout09 ORD 1364 AMEND CODE OPEN ALCOHOLIC BEV CONTNR 05-19-09~~---.,~ Agenda Item 9 AGENDA REPORT Reviewed: ~" Cit Mana er ~'"fV Y 9 Finance Director NIA MEETING DATE: MAY 19, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: AMEND TUSTIN CITY CODE CHAPTER 3, SECTION 6310 "DRINKING IN PUBLIC" TO INCLUDE PROHIBITION OF POSSESSING AN OPEN ALCOHOLIC BEVERAGE CONTAINER SUMMARY: Amend the Tustin City Code Chapter 3, Section 6310 to modify drinking in public as it related to the possession of an open alcoholic beverage container not previously included in that section of the Code. RECOMMENDATIONS: 1. Waive reading of the ordinance text in its entirety and read by title only. 2. Introduce Ordinance No. 1364, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE CHAPTER 3, SECTION 6310 TO INCLUDE THE PROHIBITION OF POSSESSING AN OPEN ALCOHOLIC BEVERAGE CONTAINER." FISCAL IMPACT: None BACKGROUND: Tustin Police Officers have responded to 381 drinking in public related calls during the past year. The verbiage in our current code is specific to drinking in public, but does not include mere possession of an open container. Officers must witness the subject actually taking a drink of the alcoholic beverage. This requirement has severely limited the enforcement options when dealing with these types of calls, allowing the subjects to leave the scene without penalty. This becomes problematic when dealing with repeat Page 2 calls for service where the same subjects are contacted but Officer's do not have the legal grounds to issue a citation. It is the goal of the Tustin Police Department to actively improve the quality of life for the citizens in the City of Tustin. Amending the City Code to prohibit possession of an open alcoholic beverage container, will provide officer's the ability to effectively target a longstanding problem that has plagued our community. The City Attorney's Office has approved the attached ordinance and code amendment. Scott M. Jord Chief of Polic Attachments: 1. Ordinance No. 1364 2. Tustin City Code 6310 ORDINANCE NO. 1364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE CHAPTER 3, SECTION 6310 TO INCLUDE THE PROHIBITION OF POSSESSING AN OPEN ALCOHOLIC BEVERAGE CONTAINER The City Council of the City of Tustin Does hereby ordain that the Tustin City Code be amended as follows hereinafter: SECTION I. The purpose of this ordinance is to modify drinking in public as it relates to the possession of an open alcoholic beverage container. SECTION II. Chapter 3, Section 6310 of the Tustin City Code is hereby amended in its entirety to read as follows: 6310 DRINKING IN PUBLIC. A. It shall be unlawful for any person to drink any alcoholic beverage on any public street, highway, sidewalk, alley, restroom or other property owned or maintained by the city. B. It shall be unlawful for any person while in any public park, public sidewalk, public street, public building, or any area designated for public parking, to consume or possess any alcoholic beverage in such a location, any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or contents of which has been partially removed. C. This section shall not apply where the possession is within premises located in a park or other public place for which a license has been issued by the Department of Alcoholic Beverage Control, or for which a written permit has been issued for a special event by the Director of Community Development pursuant to established procedures and policies of the Community Development Department and upon written approval of the City Administrator and Chief of Police. SECTION III If any section subsection sentence clause phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this ordinance The City Council of the City of Tustin hereby declares that it would have adopted .this ordinance and each section subsection sentence clause phrase or portion thereof irrespective of the fact that any one or more sections subsections sentences clauses phrases or portions be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on this day of 2009. DOUG DAVERT, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN PAMELA STOKER, City Clerk and ex-officio City Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the member of the City Council of the City of Tustin is 5: that the above and foregoing Ordinance No. 1364 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the day of , 2009 and was given its second reading, passed, and adopted at the regular meeting of the City Council held on the day of , 2009 by the following vote: COUNCILMEMEBER AYES: COUNCILMEMEBER NOES: COUNCILMEMEBER ABSTAINED: COUNCILMEMEBER ABSENT: PAMELA STOKER CITY CLERK Below is a strikethrough of section 6310 of the Tustin City Code. The strikethrough language is as it currently exists in the City Code. Should the City Council adopt the proposed ordinance, the strikethrough language would be deleted in its entirety and replaced with the proposed language. 6310. Drinking in Public 6310 DRINKING IN PUBLIC. A. It shall be unlawful for any person to drink any alcoholic beverage on any public street, highway, sidewalk, alley, restroom or other property owned or maintained by the city. B. It shall be unlawful for any person while in any public park, public sidewalk, public street, public building, or any area designated for public parking, to consume or possess any alcoholic beverage in such a location, any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or contents of which has been partially removed. C. This section shall not apply where the possession is within premises located in a park or other public place for which a license has been issued by the Department of Alcoholic Beverage Control, or for which a written permit has been issued for a special event by the Director of Community Development pursuant to established procedures and policies of the Community Development Department and upon written approval of the City Administrator and Chief of Police.