CHAPTER 3. INTOXICATION

4-3.01 Misdemeanors While Intoxicated.

No person shall commit any of the following acts while under the influence of intoxicating liquor, or any drug or the combined influence of intoxicating liquor and any drug:

a. Enter a building not open to the general public or upon any private lands owned by any other person without the consent of the owner or his agent or the person in lawful possession thereof; or

b. Enter a building not open to the general public or upon any private lands owned by any other person to the annoyance of any person; or

c. Enter any portion of public lands or buildings, or any portion of lands or buildings, open to the public, which portion is not open to the general public, to the annoyance of any person; or

d. Be in, on, or about a motor vehicle upon any private lands or buildings not open to the general public. (5530, as amended by §1, Ord. 703, eff. December 20, 1963)

4-3.02 Drinking on Street or Other Public Place.

No person shall drink any beer, wine or other intoxicating beverage:

a. On any street, sidewalk, way, alley or public parking lot, unless expressly permitted under an encroachment permit issued pursuant to Chapter 1 of Title 7 of this Code; or

b. Within fifty (50) feet of any public way while on private property open to public view without the express permission of the owner, the owner’s agent or person in lawful possession thereof.

This section shall not be deemed to make punishable any act or acts which are prohibited by any statute of the State of California. (§1, Ord. 1258, eff. November 21, 1975; and by §3, Ord. 1826, eff. 10/21/93)

4-3.03 Penalty; Misdemeanor or Infraction.

Any person who violates any provision of §§4-3.01 through 4-3.02 shall be deemed guilty of a misdemeanor or an infraction.

a. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in §1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment. (§2, Ord. 1712, eff. 12/1/88)

4-3.04 Possession of Alcoholic Beverages on Streets or other Public Places.

a. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed on any street or sidewalk.

b. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed in any park or park parking lot where the Director of Arts, Recreation & Community Services has prohibited the consumption of alcohol.

c. This section does not apply where the possession is within premises located in a park or other public place for which the Department of Alcoholic Beverage Control has issued a license.

d. This section does not apply when an individual is in the possession of an alcoholic beverage container for the purpose or recycling or other related activity.

e. This section does not apply to possession of wine or beer on any street or sidewalk while closed to vehicular traffic pursuant to an encroachment permit that expressly permits the serving of wine or beer while the permit is in effect.

f. This section does not apply to possession and transport of a corked bottle of wine removed from a bona fide eating place pursuant to Business and Professions Code section 23396.5

g. This section is enacted pursuant to Business and Professions Code section 25620. (§1, Ord. 2007, eff. 3/20/03)