Ordinance 2006-24ORDINANCE NO. 2006- 24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING CHAPTER 18 OF THE GILROY CITY
CODE ENTITLED "PUBLIC PARKS" REGULATING PUBLIC
USE OF CITY PARKS AND RECREATION AREAS TO
PROHIBIT THE CONSUMPTION OF INTOXICATING
LIQUOR OTHER THAN BEER AND WINE AT LAS ANIMAS
PARK AND CHRISTMAS HILL PARK
WHEREAS, the City Council of the City of Gilroy ( "City ") has the authority to adopt
regulations to promote the public health, safety and general welfare; and
WHEREAS, Chapter 18 of the Gilroy City Code regulates the public's use of City parks
and recreation areas; and
WHEREAS City Code section 18.6 prohibits the consumption of intoxicating liquor at all
City parks and recreation areas with the exception of Las Animas Park and Christmas Hill Park;
and
WHEREAS, each year the City Police Department experiences a significant number of
emergency and citizen complaint calls related to the consumption of intoxicating liquor at Las
Animas Park and Christmas Hill Park; and
WHEREAS, the City Council has determined that prohibiting the consumption of any
intoxicating liquor other than beer or wine at Las Animas Park and Christmas Hill Park would be
an efficient and practical means of reducing the number of emergency and citizen complaints
related to the consumption of intoxicating liquor at Las Animas Park and Christmas Hill Park;
and
WHEREAS, the City Council finds that it is necessary to protect the public health, safety
and welfare to amend the Gilroy City Code to include a local prohibition of the consumption of
intoxicating liquor other than beer or wine in City parks and recreation areas.
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Ordinance No. 2006 -24
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 18.6 entitled "Intoxicating Liquor" of the Gilroy City Code Chapter 18 entitled
"Public Parks" is hereby repealed in its entirety and replaced with the following:
Section 18.6 Intoxicating Liquor
(a) No person shall consume intoxicating liquor, as defined in section 16.28, or
have in his or her possession or control an open container of any intoxicating
liquor, in any City park, as defined in section 18.1.
(b) Notwithstanding the above, beer and wine may be consumed at the Oaks and
Lakeside picnic areas in Las Animas Park and at the East and West Mulberry,
Walnut, and Sycamore picnic areas in Christmas Hill Park only upon the
following conditions:
(1) Beer and wine may only be consumed in the above defined
areas between the hours of 4:00 p.m. and 8:00 p.m. Monday - Friday, and
12:00 noon — 8:00 p.m. Saturday, Sunday and Holidays.
(2) Beer and wine must be under the control and supervision of a
responsible adult.
(3) Adequate precautions must be in place to prevent consumption
of the beer and wine by minors.
(4) Adequate provision must be made for the cleanup of any
debris or refuse associated with the service or consumption of the beer
and/or wine.
(5) The consumption of beer and/or wine must not unreasonably
interfere with other park users.
(c) The community services director may modify or waive the requirements of
this section as applied to Christmas Hill Park or Las Animas Park by the
issuance of a special events or facility use permit. The community services
director may grant or deny a permit application in the interest of the public
health and welfare in his/her discretion. Any permit issued pursuant to this
section may impose reasonable conditions including, but not limited to,
insurance, security, licenses, fees, and any other conditions addressing areas
of concern identified by the community services director, fire chief, or police
chief.
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Ordinance No. 2006 -24
(d) Any person who has been denied a permit by the community services director
may appeal forthwith to the city administrator or his/her designee, whose
decision shall be final.
(e) The City reserves the right to place other restrictions on the possession and
consumption of intoxicating liquor in accordance with State law, or in order
to mitigate a public safety concern.
(f) Violation of this section shall be a misdemeanor.
SECTION II
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 20th day of November, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, VALIQUETTE, and
PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN and VELASCO
ABSENT: COUNCILMEMBERS: BRACCO
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Ordinance No. 2006 -24
APPROVED
ert Pinheiro, Mayor
AT ES,
Rhoda Pellin, City Clerk
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102506- 04706083 Ordinance No. 2006-24
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -24 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
20th day of November, 2006, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 1 st day of December, 2006.
City Clerk of the City of Gilroy
(Seal)