CHAPTER 9.40
PUBLIC DRUNKENNESS
Section
9.40.030 Possession of open containers prohibited
Statutory reference:
Provisions regulating inter alia the consumption of intoxicating beverages on public school grounds, see Cal. Business and Professions Code § 25608
9.40.010 DRINKING IN PUBLIC.
Unless otherwise provided by law, it is unlawful for any person to partake of any spirituous malt, vinous, or alcoholic liquors or other alcoholic beverages in or upon any street or sidewalk, or any passageway open to public use, or in or on any park, playground, or community house, or in an automobile while the automobile is on any alley street, highway, or public or private property which is open and accessible to the general public or open to public view, except the City Manager, or his or her designee may issue use permits in connection with organized activities.
(Ord. 376, § 6, passed -- 1968; Am. Ord. 800, § 2, passed -- 1997)
9.40.020 UNLAWFUL ACTS.
It is unlawful for any person in the City, while in a drunken or intoxicated condition, or while under the influence of intoxicating liquor, or narcotic drugs:
A. To be in or upon any street, thoroughfare, alley, sidewalk, public place, public grounds, places accessible to the public, or places open or exposed to the public view;
B. To be in, on or about any automobile, motorcycle, motor vehicle, street car, railroad car, or other vehicle;
C. To use or engage in, or be a party to offensive, disorderly, threatening, abusive, or insulting language, conduct, or behavior;
D. To congregate with others on a public street, road, sidewalk, or other public place and refuse to move on when so ordered by a peace officer in the interests of order, peace, or safety;
E. To shout or make any unusual or disturbing noise, or to cause any unusual or disturbing noise, either outside or inside a building at any time, to the annoyance or disturbance of any person or person;
F. To interfere with any person in any place by jostling against the person or unnecessarily crowding him or her;
G. To station himself or herself on any public street or in any public place or follow or accost any pedestrian for the purpose of soliciting alms, or to solicit alms on the streets or in any public place;
H. To loiter in or about any public toilet, to solicit any person for the purpose of committing a crime against nature or any other lewd acts;
I. To make insulting remarks to any person or to annoy or accost any person or persons unknown to him or her; or
J. To act as a capper for any place of amusement or for any place or persons devoted to or engaged in any unlawful business, vocation, or calling.
(Ord. 293, § 1, passed -- 1952)
9.40.030 POSSESSION OF OPEN CONTAINERS PROHIBITED.
A. It shall be unlawful for any person to drink or possess upon his person an open container of any intoxicating liquor upon any sidewalk, street, alley or other public place in the City, or in other areas commonly held open to the public use, except:
1. Public streets or sidewalks on which the City has granted an encroachment permit for a sidewalk cafe, beer garden or equivalent use that includes on-site alcohol sales; or
2. Special events if the City has granted a limited use permit or other permit that, during the event, authorizes or permits persons attending the event to consume alcoholic beverages in areas where such consumption/possession is otherwise prohibited by this Section. Special events include, but are not limited to, the following types of activities: a neighborhood block party, barbecue, picnic, fundraiser, community event or any other type of similar social event.
B. It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor, in any private parking lot that is located on property containing 2 or more residential dwelling units if such parking lot is posted with a sign prohibiting the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage.
C. The owner of property containing 2 or more dwelling units may prohibit the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within any parking lot on such property by posting a sign in plain view at or near each driveway to the parking lot that sets forth such prohibition substantially in the following form:
“Possession of an open container of an alcoholic beverage or consumption of an alcoholic beverage is prohibited in this parking lot. Sec. 9.40.030 of the Fort Bragg Municipal Code.”
Such sign shall be no smaller than 17 inches by 22 inches in size, shall contain lettering at least 1 inch in height, and shall be mounted so that the lower edge of the sign is at least 4 feet, and the top edge does not exceed 7 feet above ground level. The property owner shall have sole responsibility for the construction and maintenance of such sign.
D. This section does not apply when an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related activity.
(Ord. 944, § 2, passed 02-11-2019)