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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