Item 23 Staff Report Adopt Ordinance Amending Section 18.10.015 to Prohibit Possession of an Open Container of Alcohol in a Public PlaceTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: JULY 21, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEY
SUBJECT:
COUNCIL AGENDA
DATE: 8/1/94
ITEM NO.
ADOPT ORDINANCE AMENDING SECTION 18.10.015 TO PROHIBIT POSSESSION
OF AN OPEN CONTAINER OF ALCOHOL IN A PUBLIC PLACE
RECOMMENDATION:
1. Adopt the attached ordinance which was introduced at the Town Council meeting of July 18, 1994.
2. Instruct the Clerk to publish the ordinance at least 15 days after adoption.
PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY
LEA:yfg 7/21/94 3:29 pm
C:\W PFI L ES\C NCLR PTS\ALCOHOL.TCR
Attachments: Ordinance
Distribution: General Distribution
Reviewed by: anager
Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 18.10.015 TO PROHIBIT POSSESSION OF AN
OPEN CONTAINER OF ALCOHOL IN A PUBLIC PLACE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 18.10.015 is hereby amended to read as follows:
Sec. 18.10.015. Alcoholic beverage; drinking and open container in public.
(a) No person shall drink any alcoholic beverage upon any public street, lane, alley, public
park, or other public place in the Town, unless the consumption of alcoholic beverages is expressly
permitted for that location pursuant to a Town permit or ordinance, and the consumption is in
conformance with the terms of that permit or ordinance.
(b) No person shall possess any can, bottle, or other receptacle containing any alcoholic
beverage which has been opened, or a seal broken, or the contents of which has been partially
removed, upon any public street, lane, alley, public park, or other public place in the Town, unless
(i) the consumption of alcoholic beverages is expressly permitted for that location pursuant to a Town
permit or ordinance and the possession is in conformance with the terms of that permit or ordinance,
or (ii) the possession is expressly allowed by a preemptive State law without such a permit.
(c) If a violation of this Section is knowing and willful, the violation is a misdemeanor.
However, the arresting officer or prosecuting attorney may elect to charge such a violation as an
infraction in light of the circumstances of the violation.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 1994 and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:WTY\ALCOHPOS.LGP
ORDINANCE 1985
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 18.10.015 TO PROHIBIT POSSESSION OF AN
OPEN CONTAINER OF ALCOHOL IN A PUBLIC PLACE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 18.10.015 is hereby amended to read as follows:
Sec. 18.10.015. Alcoholic beverage; drinking and open container in public.
(a) No person shall drink any alcoholic beverage upon any public street, lane, alley,
public park, or other public place in the Town, unless the consumption of alcoholic
beverages is expressly permitted for that location pursuant to a Town permit or ordinance,
and the consumption is in conformance with the terms of that permit or ordinance.
(b) No person shall possess any can, bottle, or other receptacle containing any
alcoholic beverage which has been opened, or a seal broken, or the contents of which has
been partially removed, upon any public street, lane, alley, public park, or other public place
in the Town, unless (i) the consumption of alcoholic beverages is expressly permitted for
that location pursuant to a Town permit or ordinance and the possession is in conformance
with the terms of that permit or ordinance, or (ii) the possession is expressly allowed by a
preemptive State law without such a permit.
(c) If a violation of this Section is knowing and willful, the violation is a
misdemeanor. However, the arresting officer or prosecuting attorney may elect to charge
such a violation as an infraction in light of the circumstances of the violation.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on July 18, 1994 and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
August 1, 1994. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
August 1, 1994
Los Gatos, California
ALCOHOL/OPEN CONTAINER PROHIBITED IN PUBLIC/ORDINANCE 1985 (23.43)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Ordinance 1985
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 18.10.015
TO PROHIBIT POSSESSION OF AN OPEN CONTAINER OF ALCOHOL IN A PUBLIC
PLACE, which was introduced at the Town Council meeting of July 18, 1994. Carried
unanimously.
WOOD ROAD/MANZANITA/PRE-ZONE FIVE ACRES/ORDINANCE 1986 (24.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Ordinance 1986
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP
139 FROM NO ZONE TO PRE -ZONE HR-5 FOR THE PROPERTY LOCATED ON WOOD
ROAD SOUTH OF MANZANITA AVENUE, WEST OF HIGHWAY 17, which was introduced
at the Town Council meeting of July 18, 1994. Carried by a vote of 3 ayes. Mrs. Benjamin and
Mayor Attaway abstained.
PRESENTATION/CHRIS GJERDE/ASSOCIATE CIVIL ENGINEER (14.44)
Mayor Attaway introduced Chris Gjerde, Associate Civil Engineer, and recipient of the American
Public Works Association (APWA) "Award of Merit". Town Resolution 1994-111 was read and
presented to Mr. Gjerde for his exceptional work. He thanked the Town for this public
recognition.
HEARINGS
WEST PARR AVE/CLOSURE/TRAFFIC CONTROL (25.38)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
closing West Parr Avenue east of Vale Avenue for a six month test period. It has been
determined that this activity is a project that falls under the provisions for categorical exemptions
of the California Environmental Quality Act (CEQA) guidelines, Section 15301.
The following people spoke to this issue:
Terry Green, 135 Vinyard Crt, addressed the issue of a through street having stop signs which
impedes the traffic causing additional problems in the vicinity.
Gary Johnson, 700 West Parr, spoke against the closure of West Parr and the installation of stop
signs.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, that Council wait nine months to the
opening of Route 85. That Council review the new traffic patterns at that time and then make
a decision concerning traffic signs on Parr Ave. Mayors of Los Gatos and Campbell to discuss
this situation before suggestions are implemented. Carried by a vote of 4 ayes. Mayor Attaway
voted no stating that he'd like to see immediate resolution and response to the concerns.
TC: D6: MM080194
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