§ 8.12.033. Drinking or possessing an open container in a public place prohibited.

(a)

For purposes of this section and section 8.12.035, "open container" is defined as any vessel filled or partially filled with an alcoholic beverage, including but not necessarily limited to, bottles or cans purchased at retail that have been opened, had the seal broken or had the contents partially removed, cups, glasses, flasks, and any other vessel manufactured for or used to contain alcohol if, based upon a police officer's experience, the officer concludes the vessel contains alcohol.

(b)

Except as permitted in section 8.12.035 or section 8.23.120, a person shall not consume any alcoholic beverage while upon any public property or facility held out to the public's use or any place where the public is likely to congregate.

(c)

Except as permitted in section 8.12.035 or section 8.23.120, a person shall not have in his possession any open container of alcoholic beverage with the intent to consume said alcoholic beverage while upon any public property or facility held out to the public's use or any place where the public is likely to congregate.

(d)

Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section.

(e)

Penalties. Any person convicted under this section shall be punished for a misdemeanor.

(Ord. No. 3756, § 1, 1-9-89; Ord. No. 5013, § 1, 6-22-99; Ord. No. 5231, § 1, 4-10-01; Ord. No. 5378, § 1, 10-22-02)