Ordinance # 120

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AMENDING ORDINANCE NO. 53 RELATING TO THE CONSUMPTION, DRINKING OR TASTING OF ALCOHOLIC BEVERAGES OR DRINK ON THE PUBLIC STREETS OR SIDEWALKS OF THE CITY; PROVIDING FOR TEMPORARY WAIVERS OF THE ENFORCEMENT OR THE ORDINANCE  BY MOTION DULY PASSED BY THE CITY COUNCIL; PROVIDING FOR THE RETENTION OF THE BALANCE OF ORDINANCE #53, THEREFORE RETAINING PROVISIONS PROHIBITING THE POSSESSION OF ANY ALCOHOLIC DRINK IN OPEN CONDITION ON THE PUBLIC STREETS OR SIDEWALKS OF THE CITY; PROVIDING PRESUMPTION FROM POSSESSION; PROVIDING A PENALTY FOR THE VIOLATION OF THE ORDINANCE WHEN IN FORCE; PROVIDING FOR THE PUBLICATION OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AS FOLLOWS:

Ordinance No. 53 of the City of Riggins, Idaho County, Idaho shall be amended to read as follows:

Section 1.    It shall be unlawful and a misdemeanor for any person to taste, drink, or consume a beverage or drink containing alcohol upon the public streets or sidewalks of the City of Riggins, or to have in his or her possession such a beverage or drink upon the public streets or sidewalks of the city with the intention of tasting, drinking, or consuming it.

Section 2.    In any misdemeanor prosecution for the violation of Section 1 of this amended ordinance, the possession of such beverage or drink containing alcohol within an open container upon any public street or sidewalk in the city shall give rise to the presumption that the possessor of such beverage or drink intended, at such time and place, to taste, drink or consume such beverage or drink.

Section 3.    Any person convicted of a violation of this ordinance shall be punished in accordance with the terms of Idaho Code 18-113, which prescribes the penalty for general misdemeanors.

Section 4.    The City Council reserves the right by affirmative vote of the majority of the Council, by motion or resolution, to temporarily suspend the enforcement of this ordinance during specifically defined periods of time, which periods of time may include, but are not limited to, organized city-wide celebrations or other similar events. The periods of time wherein the ordinance will not be enforced shall be specifically adopted by such motion or resolution in advance of any non-enforcement periods.

Section 5.    All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 6.    This ordinance shall become effective upon its passage, approval, and publication in the Idaho County Free Press.

The Ordinance passed under the suspension of rules requiring three (3) readings on separate days at a regular meeting of the City Council held on the 14th day of March, 1994.