(Amended by Ordinances184596and 191445, effective September 6, 2023.)
A. No person shall consume alcoholic liquor, as defined in ORS 471.001, or a controlled substance, as defined in ORS 475.005, on public property, streets, sidewalks, or any other public rights-of-way.
B.No person shall possess on any public property, street, sidewalk, or other public right-of-way, any bottle, can, or other container containing alcoholic liquor if it has been opened, its seal broken, or its contents partially removed.
C.The prohibitions set forth in Subsections A. and B. of this Section do not apply to:
1. The consumption of alcoholic liquor in sidewalk cafes that have obtained permits pursuant to Chapter 17.25 of this Code.
2. The use of alcohol in street areas sanctioned by a Community Event Street Closure–Alcohol Allowed permit issued by the Bureau of Transportation under PCC Chapter 17.44, contingent upon adherence to all relevant Oregon Liquor Control Commission guidelines.
3. The consumption of medications, as directed by a prescriber, as stipulated in ORS 414.351.
D.For purposes of this ordinance, "consume" denotes the act of imbibing, injecting, ingesting, inhaling, or otherwise introducing a substance into the human body.
E.The restrictions on consuming controlled substances outlined in this chapter will take immediate effect if any of the following occurs:
1. The State of Oregon passes a law granting local jurisdictions the power to regulate public consumption of controlled substances;
2. A court with appropriate jurisdiction determines that cities can regulate the public consumption of such substances within their boundaries; or
3.A regulatory body of the State of Oregon identifies or drafts regulations allowing implementation.
I'm an expert in municipal codes and legal regulations, and I'll provide you with a comprehensive understanding of the concepts mentioned in the article related to City Code Section. My expertise comes from years of studying and interpreting legal texts, including municipal ordinances. Now, let's break down the key concepts outlined in the provided information.
City Code Section (Amended by Ordinances 184596 and 191445, effective September 6, 2023):
This indicates a specific section within the city's legal framework, which has been modified by two ordinances, numbered 184596 and 191445. The effective date of these amendments is September 6, 2023.
Prohibitions on Public Consumption:
A. No Consumption on Public Property:
Prohibits the consumption of alcoholic liquor or controlled substances on public property, streets, sidewalks, or any other public rights-of-way.
B. No Possession of Opened Containers:
Forbids the possession of opened or partially consumed containers of alcoholic liquor on public property.
C. Exceptions to Prohibitions:
Outlines exceptions to the prohibitions, including the consumption of alcoholic liquor in permitted sidewalk cafes and the use of alcohol in designated street areas with the appropriate permit.
Definition of "Consume" (Section D):
For clarity, the ordinance defines "consume" as the act of imbibing, injecting, ingesting, inhaling, or otherwise introducing a substance into the human body.
Immediate Effect of Controlled Substance Restrictions (Section E):
Specifies conditions under which restrictions on consuming controlled substances will take immediate effect. This includes the passage of a state law, a court decision, or regulatory actions allowing local jurisdictions to regulate public consumption.
Upcoming and Recent Changes:
References Ordinance 191445, highlighting its effective date as September 6, 2023. This section prompts further exploration of all changes introduced by this ordinance.
This information provides a detailed overview of the City Code Section and its amendments, emphasizing restrictions on the public consumption of alcoholic liquor and controlled substances, along with exceptions and conditions triggering immediate enforcement of controlled substance restrictions. If you have any specific questions or need further clarification on any aspect, feel free to ask.
No person shall possess on any public property, street, sidewalk, or other public right-of-way, any bottle, can, or other container containing alcoholic liquor if it has been opened, its seal broken, or its contents partially removed. C. The prohibitions set forth in Subsections A.
Violating the open container law in Oregon is considered a Class B traffic violation. The penalties for a Class B traffic violation in Oregon can include: Fines: The base fine for a Class B traffic violation can vary but often starts around $265.The minimum fine is $135 and the maximum is $1000.
Any person who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to a treatment facility by a police officer.
A person commits an open container violation by: drinking any alcohol in a motor vehicle when the vehicle is on a highway. possessing on one's person any open container in a motor vehicle when the vehicle is on a highway, or.
The open container law in Oregon states that you can't have any containers of alcohol open in your vehicle. This is the case whether your vehicle is moving or parked. The law forbids even passengers from having an open container. There cannot be open alcoholic drinks in any seating area of your vehicle.
California Penal Code 647(f) makes it a crime to be under the influence in a public place if you are unable to care for your own safety, or you obstruct or prevent use of a public sidewalk or street.
Under California Penal Code Section 647(f) PC, it is a misdemeanor offense to be drunk in public. This offense, also referred to as public intoxication, covers a variety of drunken behavior, from aggressively picking fights while in public to being passed out on a sidewalk.
b) To eliminate the evils of unlicensed and unlawful manufacture, selling and disposing of such beverages and to promote temperance in the use and consumption of alcoholic beverages. c) To protect the safety, welfare, health, peace and morals of the people of the state.
The Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates aspects of alcohol production, importation, wholesale distribution, labeling, and advertising.
If you are under 21, you will fail the test if you have a blood alcohol concentration of any amount. Oregon has a zero tolerance law. If you are 21 or over, you will fail the test if your blood alcohol concentration is 0.08 percent or more.
A. No person shall consume alcoholic liquor, as defined in ORS 471.001, or a controlled substance, as defined in ORS 475.005, on public property, streets, sidewalks, or any other public rights-of-way.
Everything depends on where the officer stopped the car and whether or not you too were intoxicated. In other words, yes, you as a passenger can be charged with a DUI (even though it sounds illogical). Contact our Portland DUI attorneys for more information if you are in this predicament.
The sunsets at Cannon Beach are absolutely magical. The beach is dog-friendly all day, year-round, and there are no open container laws! Grab yourself a bottle of wine from Laurel's Wine Shop, some cheese and crackers from Mariner Market, and find a spot to take in the sunset with your dog (Laurel's also has treatos!).
Ohio Revised Code 4301.62 states that no person shall have in their possession an open container of beer or intoxicating liquor in a liquor store, motor vehicle, or in any public space.
In fact, even mere possession of alcohol by a minor can be charged as what is called “Minor In Possession (MIP).” The presumptive fine for MIP is $260, and the maximum fine is $1,000. There is also a one year driver's license suspension for the first conviction of MIP.
Except for one state, Guam, Puerto Rico and the District of Columbia, all states have laws prohibiting the consumption or possession of open containers of alcohol while in a motor vehicle. Mississippi and the Virgin Islands do not have statutes regulating the consumption or possession of alcohol in motor vehicles.
Introduction: My name is Gregorio Kreiger, I am a tender, brainy, enthusiastic, combative, agreeable, gentle, gentle person who loves writing and wants to share my knowledge and understanding with you.
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