HomeMy WebLinkAbout6.12 Ord Drinking in Public 0
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 26, 1987
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SUBJECT PUBLIC HEARING: Ordinance Relating to Drinking in
Public
EXHIBITS ATTACHED Memorandum from Assi-stant City Attorney dated
January 14, 1987; Draft Ordinance
RECOMMENDATION Open Public Hearing
/1 '/cV, Receive Staff Presentation
Hear Public Testimony
Close Public Hearing
Waive Reading and Introduce Ordinance
FINANCIAL STATEMENT: None -
DESCRIPTION This proposed ordinance is part of the comprehensive
revision of the Alameda County Code which the City adopted by reference.
The ordinance replaces Title 4, Chapter 1, Article 2 of the County Code.
• As ' indicated in the Assistant City Attorney' s Memorandum (see attached) ,
this proposed ordinance .does not incorporate the provisions of the County
Code, -which makes it unlawful to be in a drunken condition on public
streets, because this provision is covered by State Law. The proposed
ordinance makes it unlawful . to drink intoxicating beverages on any street,
sidewalk, alley or highway. It also makes it unlawful to drink intoxicating
beverages on public or private property open to the public and within 1, 000
feet of any City street, sidewalk, etc. , and intended to be used for parking
of motor vehicles, without the permission of the property owner.
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COPIES TO:
ITEM NO. 6012
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NAVE" & SILVER
MICHAEL R.NAVE ATTORNEYS AT LAW EAST BAY OFFICE:
ELIZABETH H.SILVER. 1220 HOWARD SUITE 250 CIVIC CENTER COMPLEX
w C E I V. E 35 E. 14TH STREET
P.O.• .
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BURLINGAME, CALIFORNIA SAN'LEANDRO.CALIFORNIA 94577
JANN 1 r 198 7 '94011-0208 TELEPHONE:(415)577x3333
v +� (415)348-7130 REPLY TO
CT!C7
MEMORANDUM .
TO Richard Ambrose, City Manager DATE: 1/14/87
FROM: Elizabeth H. Silver, Assistant City Attorney
RE: Municipal Code Review (drinking in public)
Attached is a revision of the ordinance prohibiting drinking in
public. . The current Alameda County Code (Title 4, Chapter 1 ,
Article 2 ) makes it unlawful to be in an intoxicated or drunken
condition on public streets, etc. ( copy enclosed) . Penal Code
§ 647 ( f) makes it a misdemeanor to be in any public place while
under the influence of liquor. The current Alameda County Code
provision is thus covered by state law.
What state law- does not cover is drinking in public. The enclosed
ordinance which is similar to ordinances in other cities would
make it a. misdemeanor to drink in public, including certain areas
of private parking lots. The1.tfoot .limitation in Section 2 ' is
arbitrary and can be changed, i appropriate.
Elizab th H. Silver
EHS:dp
Attachments
cc: John Severini •
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ORDINANCE NO.. - 87
AN ORDINANCE OF THE CITY OF DUBLIN
RELATING TO DRINKING IN PUBLIC
The City Council of the,City.- of Dublin does ordain as follows: -
Section 1: DRINKING ON STREET. No person shall drink any beer,
` wine, or other intoxicating beverage on any street, sidewalk,
alley, or highway. . This section shall not be deemed to make
. punishable any act or acts which are prohibited by any law of the
State of California.
Section 2: DRINKING IN •PARKING LOTS. No person shall drink any
beer, wine, or other intoxicating_ beverage without the express
permission of the owner, his agent, or person in lawful
possession thereof upon that portion of public or private
property open to the public and within one thousand (1000) feet
of any public street, sidewalk, alley- or highway and used or
intended to be used for the parking or storage of motor vehicles.
by customers or employees of any commercial or industrial use, or
public use. This section shall not be deemed to make punishable
any act or acts which are prohibited by any law of. the State of
California.
Section 3 : SUPERSESSION. This Ordinance shall supersede the.
provisions of Article 2 of Chapter 1 of Title 4 of the Alameda
County Code, as adopted by Ordinance No. 13 .
Section 4 EFFECTIVE DATE AND POSTING OF ORDINANCE. This'
Ordinance shall take effect and be in force thirty (30) days from
and after the date of its passage. The City Clerk of the City of
Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with '
Section 36933 of the Government Code of the State of. California.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this day of , 1987, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk _