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37 ORDINANCE NO. 37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PROHIBITING THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES UPON OR IN ANY CITY PARK, OR OTHER MUNICIPALLY OWNED, LEASED OR OPERATED PUBLIC PROPERTY, BUILDING OR FACILITY. WHEREAS , there exists the tendency on the part of many people to indulge in the consumption of alcoholic beverages while such people are using the City parks , City facilities and other public places within the corporate limits of the City of Grand Terrace; that such consumption is indecent and offensive to the senses of other people and children rightfully using such public places , and is injuriously affecting the morals and health of the public; that such consumption has caused such in- dulgers to become intoxicated and as a result to commit many acts of disturbance of the peace, and to generally cause such conduct on their part as to endanger the safety and health of people rightfully using said public places : NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1. It shall be unlawful for any person or persons to consume or possess or attempt to consume or possess any alco- holic beverages while such person or persons are in or upon any City park or other municipally owned, leased or operated public property, building or facility. SECTION 2. It shall be unlawful for any person or persons , while in or upon any City park or other municipally owned, leased -1- or operated, property, building or facility, to offer, furnish or give, or cause to be offered, furnished or given, any alco- holic beverages to any other person or persons with the inten- tion that such other person or persons shall consume or possess said alcoholic beverages while such other person or persons in or upon any City park or other municipally owned, leased or operated property, building or facility. SECTION 3. The consumption or possession, the offering, giving or furnishing or causing the offering, giving or furnishing, of alcoholic or intoxicating beverages may be expressly permitted by authorization from the City Council in any municipally owned, leased or operated public building or facility, for special public events or meetings , or for conferences or conventions when not otherwise expressly prohibited by other local ordinance, provided that such authorization shall be requested in writing and, if granted, shall be subject to ,conditions and all rules and regula- tions and ordinances of the City and may be modified or summarily revoked at any time by the City Council, City Manager or Chief of Police without cause or the right to notice or a hearing. SECTION 4. That the violation of any of the provisions of Sections 1, 2 and 3 is hereby found and declared to be and constitute a menace to the safety of the general public, injurious to the health, indecent, offensive to the senses, and an obstruc- tion to the use of public property by the entire community and neighborhood, and by considerable number of persons therein. SECTION 5 . Any person or persons violating any provision of this ordinance shall be guilty of a misdemeanor. -2- SECTION 6 . That if any section, subsection, sentence, clause or phrase of this ordinance 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 and the City Council of the City of Grand Terrace hereby declares that they would have passed this ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more or other sections , subsections , clauses or phrases, be declared invalid or unconstitutional. SECTION 7. The City Council hereby finds and determines the following: A. That the term "alcoholic beverage" when used in this ordinance is hereby defined to mean and include alcohol, spirits , liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume , and which is fit for beverage pur- poses , either alone or when diluted, mixed or combined with other substances. B. That for the purposes of this ordinance, any person possessing an open container containing any alcoholic beverage and having an odor of alcoholic beverage on the person' s breath is presumed to be consuming or attempting to consume an alcoholic beverage at the place where such person is located. This pre- sumption is a presumption affecting the burden of producing evidence, as that term is used in Section 603 and 604 of the California Evidence Code. -3- SECTION 8. The City Clerk shall cause this ordinance to be posted within fifteen (15) days after its adoption in three (3) public places within said City. This ordinance was first read at a regular meeting of the City Council of said City held on the 7th day of August Jr 1980 , and finally adopted and ordered posted at a regular meeting of said City Council on the 21st day of August 1980. Tayor of t ity r and Terrace and of t e y Council thereof. ATTEST: City erk of the City of Grand Terrace and of the City Council thereof. (SEAL) Approved as to form: ity Attor ey -4- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 21st day of August , 1980, and that it was so adopted by the following vote: AYES: Councilmen Grant, Petta, Nix, Ri:gley; Mayor Tillinghast NOES: None ABSENT: None City Cl#rk of the i y of Grand Terrace and of the City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true and correct copy of Ordinance No. 37 of said City Council , and that the same has not been amended or repealed. DATED: August 21 , 1980 i City C rk of the City of Grand Terrace and of the City Council thereof.