HomeMy WebLinkAboutORD 19990 0
BILL NO. 24
ORDINANCE NO. 1999
AN ORDINANCE, REPEALING CHAPTER 12, TITLE IX, SECTION 1 THROUGH 3
OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL; ADDING A NEW CHAPTER
12, TITLE IX, SECTIONS 1 THROUGH 6, PROVIDING FOR THE PROHIBITION
OF THE POSSESSION OF AN OPEN CONTAINER OF ALCOHOL OR CONSUMPTION OF
ANY ALCOHOLIC BEVERAGE ON OR UPON ANY STREET, IN ANY PUBLIC PARKING
LOT, IN OR UPON ANY PUBLIC OR PRIVATE MOTOR VEHICLE OR UPON ANY
PUBLIC OR PRIVATE PROPERTY OPEN TO THE PUBLIC.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF IDAHO:
Section 1. That Chapter 12, Title IX, Section 1 through 3 of
the Municipal Code of the City of Caldwell be, and the same are
hereby repealed.
Section 2. That Title IX of the Municipal Code of the City of
Caldwell be and the same is hereby amended by the addition of a new
Chapter to be known and designated as Chapter 12, Municipal Code of
the City of Caldwell, and to read as follows:
9 -12 -1 DEFINITIONS: For the purposes of this Ordinance, the
following definitions shall apply:
ALCOHOLIC BEVERAGES: 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.
CALDWELL RECREATION CENTER: Any Caldwell Municipal Park.
CONTAINER: Any receptacle capable of holding or storing
alcoholic beverages.
LIQUOR: Any beverage as defined in Idaho Code, Section
23 -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 or phrases used in this Chapter, the 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 state statute
or in this Chapter, it shall be unlawful for
any person to have in his or her possession
any open container of any alcoholic beverage
on or upon any street, in any public parking
lot, in or upon any public or private motor
vehicle or upon any public or private property
open to the public.
9 -12 -3: CONSUMPTION OF ALCOHOL IN PUBLIC:
Except as otherwise permitted by state statute
or in this Chapter, it shall be unlawful for
any person to consume any alcoholic beverage
on or upon any street, in any public parking
lot, in or upon any public or private motor
vehicle or upon any public or private property
open to the public.
9 -12 -4: EXCEPTIONS:
A permit to possess and consume alcoholic
beverages upon any street or upon any public
property within set boundaries must be
obtained. An application for such a permit
must be made to the Caldwell Police
Department.
9 -12 -5: PERMIT:
(A) The Chief of Police is hereby authorized
to make, promulgate, issue, rescind and amend
such rules and regulations as may be necessary
to carry out the purposes of this ordinance;
provided that said rules and regulations are
approved by the Caldwell City Council members.
(B) Any permit issued for the distribution or
sale of beer and wine in the City of Caldwell
Parks and Recreation area shall be issued only
as city and state laws and regulations allow.
(C) Applicants to whom a permit has been
issued shall be required to comply with all
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rules and regulations which appertain to the
permit.
9 -12 -6: REPEAL AND SAVINGS CLAUSE:
Chapter 12, Title IX of the Municipal Code of
the City of Caldwell, Canyon County, State of
Idaho, pertaining to the possession and
consumption of an open container of alcoholic
beverage in public places shall, after this
ordinance is in full force and effect, be
repealed.
PASSED by the City Council of the City of Caldwell, Idaho,
this 7th day of Sept. , 1993.
APPROVED BY the Mayor of the City of Caldwell, Idaho, this
7th day of Sept. , 1993.
ATTEST:
City Cf k