Ordinance - 1874ORDINANCE NO. 1874
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING WEST COVINA
MUNICIPAL CODE SECTION 15-5 RESTRICTING
THE CONSUMPTION OF ALCOHOLIC BEVERAGES
IN PUBLIC PLACES.
is The City Council of the City of West Covina does ordain
as follows:
Section 1. The City Council finds:
(A) That the City presently has no ordinance
prohibiting the possession of open alcoholic beverage
containers in public places other than those places
specifically posted; and
(B) That the Police Department has requested that
such a prohibition be enacted to help with current problems
in the City; and
(C) That these actions should be regulated by City
ordinance for the health, safety and welfare of the citizens
of West Covina.
Section 2.
Section 15-5 is amended to read as follows:
Section 15-5. Consuming alcoholic beverages or
possessing opened alcoholic beverage
containers in public places.
(a) For the purpose of this section, the following
terms shall have the meanings indicated:
"Alcoholic beverage" means and includes
alcohol, spirits, liquor, wine, beer and every
liquid or solid containing alcohol, spirits, wine
or beer, and which contains one-half of one (0.5)
percent or more of alcohol by volume and which is
fit for beverage purposes either alone or when
diluted, mixed or combined with other substances.
"Highway" includes alleys, bridges, culverts,
curbs, streets and sidewalks in the city.
"Public park," "public place," and "director"
shall have the meanings set forth at section 16-17
of this Code.
(b) While on any public highway, no person shall
consume any alcoholic beverage, or have in his or
her possession any alcoholic beverage contained in
any bottle, can or other receptacle which has been
partially opened, unsealed, removed or consumed;
provided, however, that this subsection shall not
apply when the alcoholic beverage is in the
person's possession at the time strictly for the
purpose of transporting it briefly, temporarily and
directly through a place and the bottle, can or
other receptacle has not been opened or unsealed.
(c) While in or on any building or grounds
belonging to the state, county, city or other
governmenta k entity or agency, no person shall
consume any alcoholic beverage, or have in his or
her possession any alcoholic beverage contained in
any bottle, can or other receptacle which has been
partially opened, unsealed, removed or consumed;
1
•
provided, however, that this subsection shall not
apply when the alcoholic beverage is in the
person's possession at the time strictly for the
purpose of transporting it briefly, temporarily and
directly through a place and the bottle, can or
other receptacle has not been opened or unsealed,
subject to exceptions in section 16-21 of this
Code;
(d) While in or on any unenclosed area designed or
used or intended to be used for the parking of
motor vehicles and which parking area is used in
conjunction with or as an. adjunct to any business,
trade or occupation for which a business license
has been issued or is required to be issued
pursuant to the provisions of this Code, no person
shall consume any alcoholic beverage, or have in
her or her possession any alcoholic beverage
contained in any bottle, can or other receptacle
which has been partially opened, unsealed, removed
or consumed; provided, however, that this
subsection shall not apply when the alcoholic
beverage is in the person's possession at the time
strictly for the purpose of transporting it
briefly, temporarily and directly through a place
and the bottle, can or other receptacle has not
been opened or unsealed. (Ord. No. 1543, §1, 4-12-
82; Ord. No. 1770, § 2, 2-22-88)
(e) This subsection shall not apply to the
premises described in Section 15-6(c) unless
posting has occurred as set out in Section 15-6.
Section 3. Severability.
If any section, subsection, sentence, clause, phrase or
portion of this ordinance or Code section 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 or Code section. The City Council hereby declares
that it would have adopted this ordinance or Code section and
each section, subsection, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared
invalid or unconstitutional. (Code 1960, § 1103)
Section 4. Effective Date.
This Ordinance shall be effective thirty (30) days from
the date of its adoption.
PASSED, APPROVED AND ADOPTED this 11 day of March F
1 991 .
I hereby certify
was duly adopted by
Covina, California, al
11 day of March
Council:
that the foregoing Ordinance No.
the City Council of the City of
a regular meeting thereof held on
1 991 , by the following vote of
AYES: Councilmembers• Herfert, Jennings, McFadden, Tarozzi
NOES: Councilmembers None
ABSENT: Councilmembers: Manners
City Clerk Janet Be y
APPROVED AS TO FORM:
Cit Attorney Mayor
9/482/014125-0003/082
1874
West
the
the
CERTIFICATION
I, JANET BERRY, Deputy City Clerkof the City of West Covina, State
• of California, do hereby certify that a true and accurate copy of
Ordinance No. zU 7 Z was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the.City of West Covina.
DATED: 9�
Jan Berry, City Clerk
City of West Covina, California
I