PRC MIN 1996-05-22 - Laserfiche WebLink

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..¡I ,. ." -l Park & Recreation Commission Minutes of May 22, 1996 Page 3 ~: r The Commissioners thanked the ACT representatives for their support and agreed to help with the project. ITEM 3 - REVIEW CITY ORDINANCE-ALCOHOL IN THE PARKS Superintendent Centeno reminded the Commissioners that at the April meeting, the Commissioners were given a copy of the City ordinances pertaining to our department and were asked to review two of the ordinances for updating. One of the ordinances dealt with alcohol in the parks and the Commissioners were asked to consider changing the word "consumption" to "possession" in order to make the ordinance easier for the Police Department to enforce. Police Officer Dave Gough stated that from a law enforcement standpoint, the wording in City ordinance 25.1.16 is hard to enforce. The way the ordinance reads, an officer must actually see someone taking a drink of an alcoholic beverage in a park before they can site a person. If an officer sees someone with a beverage in their hand but does not see them actually drink it and cites them for having alcohol in the parks, the case will be thrown out of court because there was no "on-site view" of the consumption. The Commissioners discussed the matter and spoke about specific instances and how the law would be enforced. Officer Gough explained the Police Department enforces the spirit of the law, not the letter of the law. Commissioner Slusser said he was in favor of the change. Commissioner Swope said she was concerned about someone not intending to violate the law could get caught, but if the intent is clear, she felt our hands are tied under the current law. Commissioner Davis said he had a problem with "possession" and did not want to see a parent who came to watch his child play sports at the park get cited for having alcohol in their car. He felt that the problem is not that alcohol objectionable but that it is the behavior that is objectionable. Commissioner Morton felt we should leave the ordinance as it is. Vince Truscelli said he was concerned about what brought this to the Commission's attention. Commissioner Swope explained the reasons for developing the alcohol in the parks ordinance and the ordinance prohibiting glass in the parks. Commissioner Slusser said that the majority of litter and glass prod uced in the parks were from alcoholic beverages and felt that changing the ordinance prevented events from escalating in the parks. Officer Gough felt changing the wording in the ordinance would give the Police the tool they need to enforce the law. Superintendent Centeno pointed out that changing the wording is not changing the intent of the ordinance but would just allow the Police Department to enforce it effectively.