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HomeMy WebLinkAboutMC-352 1 /, I I .. ."C-352 OF.DINANCE NO. 2 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. I 3 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Section 9.32.015 is added to the San Bernardino 8 Municipal Code to read: 9 "9.32.015 Possession of open container, presumption of 10 consuming alcohol. 11 For purposes of this chapter, any person possessing an open ]2 container containing an alcoholic beverage, and having an odor of 13 alcoholic beverage on the person's breath is presumed to be 14 drinking or consuming or attempting to drink or consume an ]5 alocholic beverage at the place where such person is located. 16 This presumption is a presumption affecting the burden of 17 producing evidence, as that term is used in Section 603 and 604 ]8 of the California Evidence Code." 19 SECTION 2. Section 9.32.060 of the San Bernardino Municipal I Code is amended to read as follows: 20 21 "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." MC-35'l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 20 21 22 23 24 25 26 27 28 -. . 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 ~~~ The foregoing ordinance is of ~1arch Approved as to form: c~o1fg:~ 7,x. , day , 1984. 2