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Ordinance 1976-22ORDINANCE NO. 76-22 AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTIONS 16.28, 16.29, 16.30 AND 16.31 OF THE GILROY CITY CODE REGULATING DRINKING AND DISORDERLY CONDUCT IN PUBLIC PLACES AND LOUD NOISE AT NIGHT. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. Section 16.28 of the Gilroy City Code is enacted to read as follows: Sec. 16.28. Consumption of Intoxicating Liquor in Public Places. It shall be unlawful for any person to drink or consume any intoxicating liquor in or on any public street, sidewalk, alley, mall, school grounds, or any parking lot open to public use, whether publicly or privately owned. Violation of this section shall be a misdemeanor. For the purpose of this section, "intoxicating liquor" in- eludes any alcoholic beverage containing more than one-half of one percent of alcohol by volume, and all kinds of spiritous, vinous and malt liquors. SECTION II. Section 16.29 of the Gilroy City Code is enacted to read as follows: Sec. 16.29. Obstruction of Movement in Public Place. It is unlawful for any person wilfully to sit, lie, kneel, crouch, sleep or otherwise occupy any portion of a street, sidewalk or other public way so as to obstruct or unreasonably interfere with the free movement and passage of pedestrians, motor vehicles, or other modes of travel. The provisions of this section shall not apply to persons standing or sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of this code; nor shall the provisions of this section apply to persons sitting upon benches or other seating facilities provided for such purposes by municipal authority. SECTION III. Section 16.30 of the Gilroy City Code is enacted to read as follows: Sec. 16.30. Conduct on Public Property, Monuments, and Lawns. It is unlawful for any person to walk, stand, sit, or lie upon any monument, vase, fountain, railing, fence, planter, elevated planted area, or upon any other public property not designed or customarily used for such purposes. No person shall walk, -1- ORDINANCE NO. 76-22 stand, sit or lie upon any public lawn or planted area which is posted with signs to forbid such conduct. SECTION IV. Section 16.31 of the Gilroy City Code is enacted to read as follows: Sec. 16.31. Curfew--Loud Noise. No person shall make any loud, boisterous, irritating, pene- trating or unusual noise or keep any barking or howling dogs, or operate any business, public meeting or gathering, game, dance, amusement, appliance, contrivance, device, structure, construction, ride, machine, implement, or instrument, the use or operation of which makes a loud, penetrating, irritating, boisterous or unusual noise, within one hundred feet of any residence, hotel, apartment house, cabin, cottage, cottage court, rooming house or any building or place regularly used for sleeping purposes in the city, between the hours of ten p.m. and seven a.m. of any day. SECTION V. Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION VI. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 6th day of December, 1976, by the following vote: AYES: NOES: COUNCILMEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH ' COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED~~: ~~ Mayor ATTE ST :~,:: ::' ORDINANCE NO. 76-22 -2- I, SUSANNE E. STEINHETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 76-22 is an original ordinance, duly adopted by the Council of the City of Giiroy at a regular meeting of said Council held on the 6th day of December .... , 1976, , at which meeting a quorum was present. IN WITNESS WHEREOF, i have hereunto set my hand and affixed the officig~' s~l of the C_ity of G~)roy, this Z3th ~ ~.~ o~ ~e~e~ber , -~t~-Clerk of ~he Cf'ty oT ~iiroy ~ (Seal)