Ordinance 2014-17ORDINANCE NO. 2014-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING CITY CODE SECTION 18.6(b)
TO ALLOW THE CONSUMPTION OF ALCOHOL IN
PUBLIC PARKS ON A PERMIT BASIS IN CERTAIN
DESIGNATED DRINKING AREAS ONLY
WHEREAS, the California Constitution, article XI section 7, confers on the City of
Gilroy ( "City ") the power to make and enforce within its limits all local, police, sanitary and
other ordinances and regulations not in conflict with general laws; and
WHEREAS, on July 1, 2013, the Gilroy City Council received a status report from the
Gilroy Police Department outlining several strategies to help reduce the impacts of homelessness
and improve the quality of life for residents in Gilroy; and
WHEREAS, on December 2, 2013, the Gilroy City Council enacted Ordinance 2013 -14
for a 12 month period in an effort to implement one of the strategies identified in the report; and
WHEREAS, , the City Council now desires to permanently amend the City Code to allow
the consumption of alcohol in public parks on a permit basis in certain designated drinking areas
only; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section
15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of
1970, as amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 18, Section 18.1(2) of the Gilroy City Code is hereby repealed in its entirety and
replaced with a new Section 18.1(2) to read as follows:
(2) "`Director "' means the director of the Recreation Department."
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SECTION II
Chapter 18, Section 18.6(b) of the Gilroy City Code is hereby repealed in its entirety and
replaced with a new Section 18.6(b) to read as follows:
"(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 with a valid City of
Gilroy Reservation, reserving one of these areas, and 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."
SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
SECTION V
Unless extended by an action of the City Council, the provisions of this Ordinance shall
terminate in three (3) years, and shall be of no further force and effect after December 31, 2017.
PASSED AND ADOPTED this 1St day of December, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MU&OZ, TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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APPROVED:
Donald Gage, Mayo
ATTEST:
Shawn reels, City Cler
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -17 is an original ordinance, or 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 1st day of December, 2014, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 2nd day of December, 2014
City Clerk of the City of Gilroy
(Seal)