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."C-352
OF.DINANCE NO.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
9.32 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT
I POSSESSION OF OPEN CONTAINER OF ALCOHOL IN A PUBLIC PLACE AND
'I ODOR ON BREATH CREATES PRESUMPTION OF CONSUMPTION OF SAME, AND
11'1 PRESCRIBING INFRACTION PENALTIES FOR VIOLATION OF CHAPTER 9.32
PERTAINING TO PUBLIC CONSUMPTION OF ALCOHOL.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 9.32.015 is added to the San Bernardino
8 Municipal Code to read:
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"9.32.015 Possession of open container, presumption of
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consuming alcohol.
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For purposes of this chapter, any person possessing an open
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container containing an alcoholic beverage, and having an odor of
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alcoholic beverage on the person's breath is presumed to be
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drinking or consuming or attempting to drink or consume an
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alocholic beverage at the place where such person is located.
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This presumption is a presumption affecting the burden of
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producing evidence, as that term is used in Section 603 and 604
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of the California Evidence Code."
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SECTION 2. Section 9.32.060 of the San Bernardino Municipal
I Code is amended to read as follows:
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"9.32.060 Violation - Penalty.
22 Any person or persons violating any provision of this
23 chapter shall be guilty of an infraction and upon conviction of
24 such infraction, shall be punished by a fine not exceeding fifty
25 dollars for a first violation; a fine not exceeding one hundred
26 dollars for a second violation thereof within one year; and a
27 fine not exceeding two hundred fifty dollars for each additional
28 violation thereof wi thin one year."
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
on the
5th
day of
vote, to wit:
AYES:
reqll1ar
meeting thereof, held
1\!Iarch
, 1984, by the following
Council Members
Casta.neda, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
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The foregoing ordinance is
of
~1arch
Approved as to form:
c~o1fg:~
7,x.
,
day
, 1984.
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