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O 268 C.S. --'----- . ...... .,~' ~......." ..~.'" '-, _ -0'-"->>. .~",'.,::,..,.",,'O..." . . "..___ .C' .: '"""/~'4 "., ,S'.;,'\\~, 38lr ':','i*';;'~.i" ".';'>;~~';>~i'i..~~ ORDINANCE NO, 268 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING CHAPTER 15 TO TITLE 5 RELATING TO ALCOHOl! C BEVERAGE CONSUMPT I ON INCERTAl N AREAS THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION I: Title 5 of the Arroyo Grande Municipal Code is amended by adding Chapter 15 thereto, to read as follows: Section 5-15.01, Definitions. For the purposes of this ordinance. the following words and phrases are defined as follows: [. A. "Alley" means every way set apart for pub 1 ic travel except streets, bridle paths, footpaths. B. "Sidewalk" means that portion of a street between the curblines and the adjacent property lines set aside for pedestrial travel. C. "Street or highway" is a way or place, of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic. D, "Parking Lot" means that area open to the use of the 'publ ic for the purposes of vehicular parking. Section 5-15.02. Alcoholic Beverage Consumption Prohibited in Certain Areas. It shall be unlawful for any person to consume any alcoholic beverage, as defined in California Business and Professions Code Section 23004, upon any street, highway, alley, sidewalk or parking lot within the City of Arroyo Grande. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California. "SECTION 2: Penalty, Any person violating the provisions of this Chapter of the Arroyo Grande Municipal Code shall be guilty of an infraction, and if convicted of such infraction, shall be punishable by, I) a fine not exceeding fifty dollars ($50) for the first violation; 2) a fine not exceeding one hundred dollars ($100) for the second violation within one year; and a fine not exceeding two hundred and fifty dollars ($250) for each additional violation within one year. SECTION 3: If any section, subsection, sentence, .clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that any sentence, clauses or phrases be declared invalid. SECTION 4: All ordinances and parts of ordinances insofar as they are in conflict with the provisions of this ordinance are hereby repealed. i" SECTION 5: This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage, lit shall be published once, together with the names of the Council, Mem~erSJ' , voting thereon, in the Five Cities Times-Press-Recorder. . ' On motion of Council Member Hogan, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Millis, Hogan, Mayor Pro Tern Gallagher NOES: None ABSENT: Mayor Smith the foregoing Ordinance was "IE", C#,~/Aib~ UTY CLERK -----~