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Ordinance 2018-05ORDINANCE NO. 2018-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CITY CODE SECTIONS 18.6(b) AND 18.1(2) 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, on December 1, 2014 the City Council enacted Ordinance 2014 -17 for a 3 year period in an effort to implement one of the strategies identified in the report to allow the consumption of alcohol in public parks on a permit basis in certain designated drinking areas only; 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CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 18, Section 18.1(2) of the Gilroy City Code is hereby repealed in its entirety and replaced with a new Section 18.1(2) to read as follows: (2) "`Director "' means the director of the Recreation Department." SECTION II Chapter 18, Section 18.6(b) of the Gilroy City Code is hereby repealed in its entirety and replaced with a new Section 18.6(b) to read as follows: "(b) Notwithstanding the above, beer and wine may be consumed at the Oaks and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 IH 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. ORDINANCE NO. 2018-05 4825 - 9876- 8662v3 MVAKHARIA104706083 PASSED AND ADOPTED this 5h day of February, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Shawna Freels, Carty Clerk 4825 - 9876- 8662v3 MVAKHARIA104706083 NONE NONE APPZ-� R oland Velasco, Mayor ORDINANCE NO. 2018-05 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2018 -05 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 5u' day of February, 2018, 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 5b day of February, 2018. (Seal)