HomeMy WebLinkAboutORD 1364 (2009)ORDINANCE NO. 1364
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY
CODE SECTION 6310 OF ARTICLE 6 RELATING TO
POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE
CONTAINER IN PUBLIC
The City Council of the City of Tustin does hereby ordain that the Tustin City
Code be amended as follows hereinafter:
SECTION 1. The purpose of this ordinance is to modify current prohibition on
drinking in public to include the possession of an open alcoholic beverage container in
public areas owned or maintained by the City.
SECTION 2 Section 6310 of the Tustin City Code is amended to read:
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 Manager and Chief of Police.
SECTION 3 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
Ordinance No. 1364
Page 1 of 2
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 2"d day of June 2009.
DOUG DAVERT
Mayor ~
PAM LA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members 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
19th day ofMay, 2009 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 2"d day ofJune, 2009 by the following
vote:
COUNCILMEMBER AYES: Davert, Amante, Gavello, Nielsen, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
CITY CLERK
Ordinance No. 1364
Page 2 of 2