HomeMy WebLinkAbout4032l
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Ordiz~.ance No .4032
AN URGENCY ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF BUTTE PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES AND
POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS ALONG SPECIFIED
PORTIONS OF THE SACRAMENTO RIVER DURING THE LABOR DAY HOLIDAY
WEEKEND.
The Board of Supervisors of the County of Butte ordains as
follows: I
Section 1. Findings. The Board finds and declares as follows:
(a) The Sacramento River is a navigable waterway that is often
used by members of the public, between the law and high water
marks, for boatirig, fishing, and water-related recreation.
(b) During the Labor Day holiday weekend, tens of thousands of
people float down the stretch of the Sacramento River that flaws
between Glenn and Butte counties, from the upstream edge of the
Highway 32 bridge traversing the Sacramento River to the mouth
of Big Chico Creek, on inner tubes and makeshift rafts, while
consuming large amounts of alcohol. The individuals who
participate in these uza.sax~.ctioned events also congregate on the
islands and gravel bars along that section of the river,
including a gravel bar commonly known as Beer Can Beach.
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(c) The massive amount of alcohol consumption that takes place
at these events results in fights, unruly behavior, public
intoxication, nudity, defecation, and massive littering.
(d} The individuals who participate in the events also use
public roadways to travel to and from the river, and often drive
while under the influence.
~(e} State and local agencies, including law enforcement, and
medical and rescue personnel, must engage in a massive effort to
respond to the fighting, unruly behavior, and medical
emergencies that result from these unsanctioned events, which
puts an enormous strain on the resources of the responding
agencies.
(f} ~n addition, the excessive amount of garbage left behind
causes a significant impact on the environment, and negatively
impacts the enjoyment of others who choose to recreate an the
river.
{g) For the above reasons, and with the support of the Chico
Chamber of Commerce, law enforcement from multiple
jurisdictions, and emergency rescue agencies, the Board of
Supervisors has sought and obtained assistance from Assembly
Member Dan Logue, who subsequently drafted Assembly Bill ~9~,
which prohibits the consumption of alcoholic beverages or
possession of open alcoholic beverage containers on the
identified land portions of the Sacramento River during certain
summer holiday periods, so long as the Glenn and Butte County
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Boards of Supervisors enact ordinances prohibiting the
consumption of alcoholic beverages or possession of open
alcoholic beverage containers on the land portions adjoining the
identified stretch of the Sacramento River.
(h} The California Governor signed Assembly Bi11 494 into law
on August ~., 2011, which added Section 25608.12 to the Business
and Professions Code.
(i} It is anticipated that this upcoming Labor Day holiday
weekend will once again attract tens of thousands of people to
the Sacramento River, and that if a prohibition on the
consumption of alcoholic beverages or possession of open
alcoholic beverage containers is not enacted by both Butte and
Glenn County, that the dangers to public peace, health and
safety, and the strain on local agencies, will continue. It is
therefore necessary to adapt this ordinance on an urgency basis
to have the specified alcohol prohibition in place prior to the
upcoming Labor Day holiday weekend.
Section 2. Article IB, entitled "Consumption of alcoholic
beverages and possession of open alcoholic beverage containers
along portions of the Sacramento River", commencing with Section
7-9.3, is added to Chapter 7, entitled "Boats and Public
Waters", of the Butte County Code. Article IB. is added to the
Butte County Code to read as follows.
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"Article 1B. Consumption of alcoholic beverages and
possession of open alcoholic beverage containers along
portions of the Sacramento River
7-9.3. Definitions. For the purpose of this Article, the
following terms shall have the following meanings:
(a) "Container" means a bottle, can, or other receptacle.
(b) "Person" shall include: Any natural person,
association, corporation, cooperative, partnership,
collective, limited liability company, or any other social
or business entity.
(c} "Labor Day holiday weekend" means the period of time
beginning at 12:Oti a.m. of the Saturday preceding the first
Monday in September of each year, through 11:59 p.m. of the
first Monday in September of each year.
7-9.4. Consumption of alcoholic beverages and
possession of open alcoholic beverage containers prohibited
along portions of the Sacramento River.
(a) It shall be unlawful for any person to consume an
alcoholic beverage or possess an open alcoholic beverage
container during the Labor Day holiday weekend in the
following designated areas along the Sacramento River
within Butte County.
(1} Those areas extending from the edge of the water upland
for a distance of fifty feet on the bank of the river,
beginning at the upstream edge of the Highway 32 Bridge
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i traversing the Sacramento River between Butte and Glenn
2 counties and ending at the mouth of Big Chico Creek.
3 {2} This prohibition includes all bridges and pipeline
4 crossings not otherwise exempted herein.
~ (b) This prohibition shall only apply during the Labor Day
~ holiday weekend, as defined in Section 7-9.3{c).
~ {c) The provisions of this prohibition shall not apply to
s businesses that possess a valid liquor license issued by
9 the California Department of Alcohol Beverage Control and
Zfl patrons of the exempt business who are on the business'
13 property,
12 (d) Violation of this section is an infraction, punishable
z3 by a fine not to exceed one-hundred dollars {$100.00) for
~4 the first violation, twa-hundred dollars ($200.00) for the
~,~ second violation occurring in any calendar year, and five
15 hundred dollars ($500.00) for the third violation occurring
~~ ( ~ in any calendar year . "
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~g Section 3. Severability. If any provision of this ordinance or
20 the application thereof to any person or circumstances is for
2~ any reason held to be invalid by a court or competent
22 jurisdiction, such provision shall be deemed severable, and the
2s invalidity thereof shall not affect the remaining provisions or
24 other applications of the Ordinance which can be given effect
2s without the invalid provision or application thereof.
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z Section 4. Authority and Urgency Findings. This ordinance is
3 enacted by the Board of Supervisors pursuant to the California
4 Constitution. Article XI, section. 7; Butte County Charter,
5 Article I, Section 1; and Government Code Sections 25131 and
~ 25123 (d} by a four-fifths or greater vote, as an urgency measure
~ to protect the public health, safety and welfare, and shall take
s effect immediately. The reasons for such urgency are set forth
s in Section 1 above, and incorporated herein by reference.
io
~i Section 5. Effective Date and Publication. This ordinance
iz shall be effective immediately upon its passage. The Clerk of
~3 the Board is authorized and directed, before the expiration of
14 fifteen (15} days after its passage, to publish this Ordinance
~~ ance, with the names of the members of the Board of Supervisors
~.s voting far and against it, in the Chico Enterprise Record, a
~~ newspaper published in the County of Butte, State of California.
is
19 PASSED AND ADOPTED by the Board of Supervisors of the
20 County of Butte, State of California, on the 23rd day of August,
z~. 207.1, by the following vote: .
22 AYES• Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair T~ambert
23 NOES : Done
24 ABSENT : alone
25 ~ ~ NOT VOTING : None
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ATTEST:
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PAUL HAHN,
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By
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STEVE LAMB Chair of the
Butte County Board of Supervisors
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