BUENA PARK : Alcohol Ordinance Brought Into Line
A city ordinance allowing police to cite someone for having alcohol in a public place was altered this week after the city attorney’s office warned that the statute overstepped the city’s authority.
The regulation was aimed mostly at drinking in places such as public parks and parking lots.
But federal courts recently have made clear that only the state, not cities, has the authority to govern possession of alcohol, Deputy City Atty. D. Craig Fox said. Cities, however, can pass ordinances regarding alcohol consumption.
Those caught drinking alcohol in certain public places are still subject to prosecution for a misdemeanor. They can be fined as much as $1,000 or jailed as long as six months.
Anyone carrying an open container, but not drinking the alcohol, can be cited for an infraction, which carries a fine, Fox said.
The council passed the revision on a 5-0 vote without comment.
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