HomeMy WebLinkAboutORD 374 2009 0204ORDINANCE NO. 374
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING CHAPTER 9.20,
ALCOHOLIC BEVERAGES, OF TITLE 9 PUBLIC PEACE,
MORALS AND WELFARE, OF THE MOORPARK MUNICIPAL
CODE, INCLUDING TO MAKE IT UNLAWFUL FOR PERSONS
TO CONSUME OR POSSESS OPEN CONTAINERS OF
ALCOHOLIC BEVERAGES IN A PUBLIC PLACE
WHEREAS, Section 9.20.010 of the Moorpark Municipal Code, entitled, "Public
Consumption - Prohibition" presently establishes that it is unlawful for persons to
consume alcoholic beverages on public property; and
WHEREAS, amending section 9.20.010 of the Moorpark Municipal Code,
changing the language to include persons who hold or exercise dominion and control
over open containers of an alcoholic beverage, and to include places open to the public
including private property without the consent of the property owner, will allow the City
to maintain a higher quality of life, free from the problems associated with public
drinking and intoxication; and
WHEREAS, amendments to Sections 9.20.020 and 9.20.030 are also required
for internal Moorpark Municipal Code consistency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.20.010, 9.20.020, and 9.20.030 of Chapter 9.20 of the
Moorpark Municipal Code are amended in their entirety to read as follows:
"9.20.010 Public consumption -- Prohibition
It shall be unlawful for any person to drink any malt, spiritous, or
vinous liquor containing more than one -half (1/2) of one percent of alcohol
by volume or to hold or to exercise dominion and control over any open
container containing such beverage:
A. Upon any public street, sidewalk, highway, or alley or while
occupying any vehicle or conveyance thereon;
B. Upon any public school ground or any building, bleacher, or
stadium thereon;
C. In any public place, place of public assembly, or in any place
open to the public;
D. In or upon any building or premises, or portion thereof, owned
or occupied by the City, County, State, a park district, school district,
Ordinance No. 374
Page 2
sanitation district, flood control district, Water Works District, or by any other
governmental agency;
E. Upon any private street, building, or other private property
within the City without the consent of the person or entity in possession or
control thereof.
9.20.020 Public consumption — Exceptions.
The provisions of Section 9.20.010 of this chapter shall not prohibit
the drinking of such alcoholic beverages in or upon any City owned
property, if permitted by Title 12 of the Municipal Code, and when
authorized by license or permit.
9.20.030 Disposal of containers.
No person shall deposit on any public street, sidewalk, highway, alley
or other public way any receptacles or containers for alcoholic beverages."
SECTION 2. If any section, subsection, subdivision, sentence, clause, 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 the ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the adoption of this ordinance and
shall cause a certified copy to be filed in the book of original ordinances.
PASSED AND ADOPTED this 4th day of February, 2009.
X7
d(e S. Parvin, Mayor
ATTEST:
Ordinance No. 374
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 374 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th
day of February, 2009, and that the same was adopted by the following vote:
AYES: Councilmembers Lowenberg, Mikos, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this 12th day of February, 2009.
Deborah S. Traffenstedt, ity Clerk
(seal)