46-11 Amend 529.07, Open Container & 905.13, Disorderly Conduct

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J PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 10/3/11. PLACED ON 2ND READING 10/17/11. ORDINANCE NO. 46-11 BY; Anderson, Bullock, Suris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to amend Sections 529.07, Open Container Prohibited, and 905.13, Disorderly Conduct; Intoxication, of the Codified Ordinances of the City of Lakewood for the purpose of clarifying that alcohol may be permitted on public property in certain circumstances under the authority of a permit issued pursuant to Chapter 557 or a conditional use permitted by Chapter 1161. WHEREAS, Ordinance No. 22-11 was adopted in June 2011 amending Section 529.10, Possession, Sale or Consumption on Public Property, to allow alcohol to be served under the authority of a permit issued pursuant to Chapter 557, Parades and Special Events, and Chapter 1161, governing conditional uses for outdoor dining establishments on public property; and WHEREAS, other sections of the Lakewood Codified Ordinances prohibit the sale or possession of alcohol on public property and need to be amended to remain consistent with the intent of Ordinance No. 22-11; and WHEREAS, under Article XVIII of the Ohio Constitution, municipalities are given the authority to adopt charters and exercise all powers of local self-government; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. Section 529.07, Open Container Prohibited, of the Lakewood Codified Ordinances, currently reading as follows: 529.07 OPEN CONTAINER PROHIBITED. (a) As used in this section: (1) "Chauffeured limousine" means a vehicle registered under Ohio R.C. 453.24. (2) "Street', "highway" and "motor vehicle" have the same meanings as in Chapter 301 of the Traffic Code and in Ohio R.C. 4511.01, (b) No person shall have in his or her possession an opened container of beer or intoxicating liquor in any of the following places or under any of the following circumstances• (I) In a State liquor store;