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HomeMy WebLinkAboutORD NO 2542EMERGENCY ORDINANCE NO. 2542 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 10.70 TO THE MUNICIPAL CODE PROHIBITING DRINKING OF ALCOHOLIC BEVERAGES ON THE STREETS IN BAKERSFIELD OR CARRYING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES, AND REPEALING ORDINANCE NO. 2532, NEW SERIES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: Code SECTION 1. That Chapter 10.70 is added to to read as follows: the Bakersfield Municipal Chapter 10.70 DRINKING ON STREET Sections: 10.70.010 10.70.015 10.70.020 10.70.030 Drinking on Street Open Containers Penalty for Violation Severability 10.70.010 Drinking on Street. No person shall drink any beer, wine, or any other alcoholic beverage on any street, sidewalk, pedestrian mall, alley or highway in the City of Bakersfield. 10.70.015 Open Containers. No person shall have in his possession an open container containing an alcoholic beverage on any street, sidewalk, pedestrian mall, alley, or highway in the City of Bakersfield. 10.70.020 Penalty for Violation. of the provisions of this Chapter is upon conviction shall be punished by dollars ($50) for a first violation; Any person violating any guilty of an infraction, and a fine not exceeding fifty a fine not exceeding one hundred dollars ($100) for a second violation of the same ordinance within one year; a fine not exceeding two hundred fifty dollars ($250) for each additional violation of the same ordinance within one year. 10.70.030 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the remaining por- tions of this chapter. The City Council hereby declares that it would have passed this chapter and each section and subsection there- of irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases is declared invalid or unconstitutional. Series. SECTION 2. This ordinance supersedes and repeals Ordinance No. 2532, New SECTION 3. This emergency ordinance is an emergency ordinance within the meaning of Section 24 of the Bakersfield City Charter. passage. SECTION 4. This emergency ordinance shall become effective upon its .......... o0o .......... I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 19th day of December 1979, by the following vote: CITY a Clerk of the Council of the City of Bakersfield / APPROVED this 19th ~ay of December MAYOR ~ f Bakersfield , 1979 APPROVED as to form: CITY ATTORNEY of t~City of Bakersfield Afffi av[t of losting Ori iuanres STATE OF CALIFORNIA, } County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and December 20 that oa ........................ ,19..%.?_.. he posted on the Bulletin Board at the City Hall, a full, t~ne and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on December ]9 19......7..~., which ordinance 2542 was numbered New Series, and entitled: AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 10.70 TO THE MUNICIPAL CODE PROHIBITING DRINKING OF ALCOHOLIC BEVERAGES ON THE STREETS IN BAKERSFIELD OR CARRYING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES, AND REPEALING ORDINANCE NO. 2532, NEW SERIES. Subscribed and sworn to before me this .... 20t. b. day of ........December. .................,19__79