HomeMy WebLinkAboutORD 1814BILL NO. 14
ORDINANCE NO. 1814
AN ORDINANCE TO AMEND TITLE IX OF THE MUNICIPAL CODE OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING
THE FOLLOWING WHICH WILL BE DESIGNATED AS CHAPTER 11 OF SAID
TITLE IX REGARDING POSSESSION OF AN OPEN CONTAINER OF
ALCOHOLIC BEVERAGE IN PUBLIC PLACES: PROVIDING DEFINITION,
POSSESSION OF OPEN CONTAINER, AND EXCEPTIONS: REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Title IX of the Municipal Code of the City
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of Caldwell, County of Canyon, State of Idaho, shall be amended
by adding the following which shall be designated as Chapter 11
pertaining to Possession of an Open Container of Alcoholic
Beverage in Public Places:
9 -12 -1: DEFINITIONS: For purposes of this Ordinance, the
following definitions shall apply:
ALCOHOLIC BEVERAGE: Any beverage containing alcohol,
including beer and wine, as defined hereinafter by this
Chapter.
BEER: Any beverage obtained by alcoholic fermentation of an
infusion or decoction of barley, malt, and /or other
ingredients in drinkable water.
CONTAINER: Any receptacle capable of holding or storing
alcoholic beverages.
LIQUOR: Any beverage as defined in Idaho Code Section 23-
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103(a) and (b)
PUBLIC PARKING LOT: Any place maintained for the public
outdoor parking of motor vehicles.
STREET: Entire width between the boundary lines of every way
or place open to the public for motorized or non - motorized
vehicular travel, including any sidewalk or way intended for
pedestrian travel.
WINE: Any beverage obtained through the fermentation of the
natural sugar content of fruits or other agricultural
products containing sugar whether or not other ingredients
are added.
All other words and phrases used in this Chapter, the
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definition of which is not herein given, shall be given their
ordinary and commonly understood and accepted meaning.
9 -12 -2: POSSESSION OF OPEN CONTAINER: Except as otherwise
permitted by statute or ordinance, it shall be unlawful for any
person to have in his or her possession any open container of any
alcoholic beverage on any street, in any public parking lot, or
upon any public property.
Except as otherwise permitted by statute or ordinance, it
shall be unlawful for any person to consume any alcoholic
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beverage on or upon any street, in any public parking lot, or
upon any public property.
9 -12 -3: EXCEPTIONS:
1. Beer and wine may be possessed or consumed within any
Caldwell recreation area or within the grounds of the Caldwell
Events Center without a permit. A permit shall be required for
the possession or consumption of beer or wine within any Caldwell
City Park. An applicant for such permit shall make application
to the Police Department and comply with all rules and
regulations related to such use.
2. Within the City of Caldwell Park System or recreation
area, it shall be unlawful to possess or consume any alcoholic
beverage upon any street, parking lot or restroom.
3. Distribution or sale of beer and wine in the City of
Caldwell Parks or recreation area shall be allowed only as local
and state laws and regulations allow.
4. A permit to possess and consume alcoholic beverages upon
any street or upon any public property within set boundaries may
be obtained. An application for such a permit may be made to the
Caldwell Police Department and applicant will be required to
comply with all rules and regulations related to such use.
Section 2. All ordinances or parts of ordinances
inconsistent herewith are hereby repealed.
Section 3. This ordinance shall be in full force and effect
from and after its passage, approval, and publication according
to law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this
3rd day of July 1 1989.
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APPROVED BY THE MAYOR of the City of Caldwell this _3rd
day of July 1989.
Mayor
ATTEST:
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City Clerk