Ordinance Number 647ORDINANCE NO. 647
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 3 "BEVERAGES" OF TITLE 5,
"PUBLIC WELFARE" AND ADDING SECTION 5-8.23, "URINATION
AND HUMAN WASTE" TO CHAPTER 8 "LITTER" OF TITLE 5
"PUBLIC WELFARE" OF THE MUNICIPAL CODE
WHEREAS, the City Council finds that numerous health and safety problems
arise from the consumption of alcohol in public areas; and,
WHEREAS, it is necessary to establish a prohibition on the drinking of alcohol
by individual members of the public in public places; and,
WHEREAS, homeowner association commonly -owned properties have also
experienced health and safety problems arising from drinking by individuals in these
areas, including but not limited to, assault and battery, theft, and urination in public;
and,
WHEREAS, homeowner association property, especially greenbelt areas,
common driveways and walkways enhance and compliment other public areas of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Regulations Regarding Drinking in Public Places.
Municipal Code Section 5-3.02, "Prohibition of Drinking Alcoholic Beverages"
is hereby amended in its entirety to read as follows:
"Section 5-3.02. Prohibition of Drinking Alcoholic Beverages in Public.
'The drinking of any intoxicating liquor or any fermented malt beverage, or the
possession of any open container which contains an intoxicating liquor or fermented malt
beverage, unless specifically permitted by the prior written approval of the City, shall be
prohibited:
"(a) On any street; roadway, boulevard, alley, parking lot, sidewalk, or
public way in the City;
"(b) In the public parking, loading, and access areas of any commercial
shopping center;
"(c) On any grounds owned by or under the control of a public school
district within the City, or within a distance of 300 feet from any
exterior boundary of such grounds, except on private residential
property; and,
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"(d) Within any public park, recreational area, or recreation facility
owned and/or operated by the City."
SECTION 2. Regulations Regarding Drinking on Homeowner
Association Property.
Municipal Code Section 5-3.03 entitled, "Drinking on Homeowner Association
Property Prohibited," is hereby added to the Municipal Code to read as follows:
"Section 5-3.03. Drinking on Homeowner Association Properties
Prohibited.
"No person shall drink any intoxicating liquor, or any fermented malt beverage,
or have in his/her possession any open container which contains an intoxicating liquor or
malt beverage, upon property, including greenbelt areas, common walkways, and common
driveways, owned or controlled by a homeowner's association where:
"(a) The homeowner's association has requested in writing that the
City extend a drinking prohibition upon the above -stated
homeowner's property.
"(b) The homeowner's association has posted on such property a notice
in substantially the following form:
"Drinking of liquors, beers, or other fermented beverages on
homeowner's association property, including greenbelt areas,
common walkways, and common driveways, is prohibited and
subject to criminal prosecution and a fine of up to $100.00.
"Municipal Code Section 5-3.03."
SECTION 3. Regulations Regarding Urination and Human Waste.
Municipal Code Section 5-8.23 entitled "Urination and Human Waste" is hereby
added to the Municipal Code to read as follows:
"Section 5-8.23. Urination and Human Waste.
"No person shall urinate or defecate on private property in an area exposed to
the public view, or on any public street, sidewalk, alley, park, or other public place,
except in a public restroom."
passage.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
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349,
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 6th day of June
1989.
ATTEST:
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STATE
OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 647 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on May 26 , 1989, and adopted at
a meeting held on June 6 , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
(SEAL)
MARY A NOV R, CITY CLERK
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