1206 - Ordinance - Amending Ordinance 1125 Consumption of Intoxicating LiquorsCITY OF PORT ORCHARD
P. O. Box 186
PORT ORCHARD, WASH. 98389
ORDINANCE NO. 1206i/
AN ORDINANCE AMENDING ORDINANCE NO. 1125
(Port Orchard Municipal Code Section
9.32.050 and adding new Section 9.32.070)
RELATIVE TO CONSUMPTION OF INTOXICATING
LIQUORS
P"
THE COUNCIL OF THE CITY OF PORT ORCHARD DO ORDAIN
AS FOLLOWS:
SECTION 1. THAT Section 2 (part) (9.32.050 Port
Orchard Municipal Code) is hereby amended to read as follows:
Section 2 Minors purchasing consuming or
possessing liquor. It is unlawful for any person under the
age of twenty-one (21) years, to purchase, drink, consume
or possess intoxicating liquor or liquors within the City
of Port Orchard, except liquor given or permittedto be given
to a person under the age of twenty-one (21) years by his
parent or guardian for beverage or medicinal purposes or
administered to him by his physician or dentist for medicinal
purposes or give or administered to him in connection with
religious service.
SECTION 2. The following new section shall be
added to Ordinance No. 1125 as follows:
Section 2 (part) (Port Orchard Municipal Code 9.32.070)
Minor appearing in public places after having consumed intoxicatin
liquor. (A) It is unlawful for any person under the age
of twenty-one (21) years to appear on the public streets
of the city or in any public place within the city or in
any motor vehicle on a public street within the city after
having consumed intoxicating liquor in violation of the
provisions of this chapter regardless of where consumption
may have occurred and the person is not accompanied by his
parent or legal guardian provided, that at the time of the
appearance as aforesaid, evidence exists as to the consumption
of intoxicating liquor.
(B) Upon the first conviction for a violation of
this section, the court shall impose a fine of not less than
twenty-five dollars ($25.00); provided, however, that the
court may suspend all or any portion of such fine upon what-
ever terms and conditions may appear to the court to be proper;
provided further that if any person convicted of a violation
of this section has been previously convicted of or forfeited
bail for a violation of this section, the court shall impose
a fine of not less than fifty dollars ($50.00) and in the
event such conviction constitutes such person's second or
subsequent conviction for a violation of this section, no
portion of the fine shall be suspended.
Ordinance No. 1206
page 2
(C) For purposes of this section, the presence
of the odor of intoxicating liquor, beer or wine on the breath
of any person under the age of twenty-one (21) years shall
be prima facie evidence of consumption of intoxicating liquors,
in violation of the provisions of this chapter. This provision
shall not be construed as limiting the introduction of any
other competent evidence of the consumption of intoxicating
liquor in violation of this section.
PASSED by the City Council and APPROVED by. the
Mayor this 12th day of July, 1982.
.. . POWERS,c-
ATTEST:
APPROVED AS TO FORM:
ty Attorney