HomeMy WebLinkAbout6.06 Drinking in Public 7,4W -.4iiii
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",• CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: ' February 9, 1987
SUBJECT PUBLIC HEARING: Ordinance Relating to Drinking in
Public
EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated
January 14, 1987; Draft Ordinance
RECOMMENDATION j : Open Public Hearing
Receive Staff Presentation
Hear Public Testimony
Close Public Hearing
Waive Reading and Adopt 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.
This ordinance was introduced at the City Council meeting of January 26 ,
1987 .
COPIES TO:
ITEM NO. at„ e5
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NAVE & SILVER
MICHAEL R.NAVE ATTORNEYS AT LAW EAST BAY OFFICE:
EUZABETH H.SILVER Q R 1220 HOWARD AVENUE. SUITE 250 CIVIC CENTER COMPLEX
RECEIVE P.O. BOX 208 835 E. 14TH STREET
SAN LEANDRO.CALIFORNIA 94577
BURLINGAME. CALIFORNIA
JAN 15 1987:
94011-0208 TELEPHONE:(415)577-3333
1415) 348-7130 REPLY TO _
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MEMORANDUM
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TO: Richard Ambrose., City Manager DATE: 1/14/87
FROM: _ Elizabeth H. Silver, Assistant City Attorney
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RE: Municipal Code Review (drinking in public)
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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 privateparking -lots. The -.i.; , foot limitation in Section 2 is
arbitrary and can be changed, appropriate.
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• Elizab th H. Silver
EHS:dp
Attachments •
cc: John Severini
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(1,
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