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HomeMy WebLinkAboutOrd 1014-1987ORDINANCE N0,1014-87 AN ORDINANCE ADDING CHAPTER 10.40 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PARKING PLACES, PARKING LOTS AND MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 10.40, Alcoholic Beverages, is hereby added to the South San Francisco Municipal Code to read as follows: CHAPTER 10.40 ALCOHOLIC BEVERAGES Sections: 10.40.010 Purpose and Intent 10.40.020 Definitions 10.40.030 Possession in Public Places 10.40.040 Possession in Parking Lots 10.40.050 Possession in Motor Vehicles 10.40.060 Exemption 10.40.070 Violation--Penalty Section 10.40.010 Purpose and Intent The purpose and intent of this chapter is to restrict the consumption of alcoholic beverages in public places, parking lots, and motor vehicles within the City of South San Francisco. This chapter shall not be deemed to make punishable any act or acts which are prohibited by any statute of the State of California. Section 10.40.020 Definitions As used in this chapter "alcoholic beverages" includes alcohol, spirits, liquor, wine, or beer which contains one-half of one percent or more of alcohol by volume and which is fit for human consumption purposes either alone or when diluted, mixed or combined with other substances. Section 10.40.030 Possession in Public Places It is unlawful for any person to possess any alcoholic beverage in any public place, or transport any alcoholic beverage upon any public street, sidewalk, pedestrian mall, public school ground, alleyway, or thoroughfare if such alcoholic beverage is in a receptacle which has been opened, or the seal of which has been broken, or the contents of which have been partially removed. Section 10.40.040 Possession in Parking Lots It is unlawful for any person to possess any alcoholic beverage in any private or public parking lot within the City where such parking lot has immediate access to a public street if such alcoholic beverage is in a recep- tacle which has been opened, or the seal of which has been broken, or the contents of which have been partially removed. Section 10.40.050 Possession in Motor Vehicles It is unlawful for the registered owner of any vehicle, or the driver, if the registered owner is not then present in the vehicle, or any passenger to keep in a motor vehicle when such motor vehicle is located in any area enumera- ted in sections 10.40.030 or 10.40.040, any bottle, can, or other receptacle con- taining any alcoholic beverage which has been opened, or a seal broken, or the- contents of which have been partially removed, unless such container is kept in the trunk of such vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if such vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section shall not apply to living quarters of a house, car, or camper. Section 10.40.060 Exemption The provisions of this chapter shall not apply to the consumption, drinking, exhibition, or possession of an open container of alcoholic beverages at a city approved function or event or in a public park pursuant to Municipal Code Section 10.36.070. Section 10.40.070 Violation--Penalty Any person violating provisions of this chapter of the South San Francisco Municipal Code shall be guilty of an infraction, and if convicted shall be punished by a fine not exceeding (1) seventy five dollars ($75) for the first violation, (2) one hundred fifty dollars ($150) for the second violation and (3) two hundred fifty dollars ($250) for each additional violation within one year. -2- Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 25th day of February , 19 87 . Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held on thellth day of March , 19 87 , by the following vote: AYES: Councilmembers John "Jack" Draqo, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri TeQlia. and Mark N. Addiego NOES: None ABSENT: None Ordinance this 11th day of As Mayor of the City of South San Francisco, I do hereby approve the foregoing March , 19 87 -3-