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2009-57 Prohibiting the Consumption of Controlled Substances ORDINANCE NO. 2009-57 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE ADDING CHAPTER 11.16 TO THE MENIFEE MUNICIPAL CODE PROHIBITING THE CONSUMPTION OF TOBACCO, ALCOHOL, ALCOHOLIC BEVERAGES, MARIJUANA AND OTHER CONTROLLED SUBSTANCES BY PERSONS UNDER THE AGE OF 18 THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: Section 1. Purpose The purpose of this ordinance is to give law enforcement and other officials, and specifically school officials, an additional means to cite a minor who is not drunk or otherwise under the influence for the consumption of alcohol and drugs which may not be consumed by those under the age of 18 years. Section 2. Chapter 11.16 is added to the Menifee Municipal Code to read as follows: Chapter 11.16 PROHIBITION ON THE CONSUMPTION OF ALCOHOL, ALCOHOLIC BEVERAGES, MARIJUANA BY PERSONS UNDER THE AGE OF 18 Section 11.16.010 Definitions 11.16.020 Prohibition 11.16.030 Parental Responsibility 11.16.040 Violation — Penalty 11.16.010 Definitions As used in this Chapter, the following words and phrases shall have the meaning set out: (a) "Alcohol' means ethyl alcohol, hydrated oxide of ethyl or spirits of wine from whatever source or whatever process produced. (b) "Alcoholic beverages' means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer which contains one-half of one percent or more of alcohol by volume and which may be used for beverage purposes. (c) "Consumption" means to use, eat, drink, absorb, smoke, snort, sniff, inject or otherwise ingest into the body. (d) "Marijuana" means all part of the plant cannabis sativa L., whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every Ordinance No. 2009-57 Controlled Substances by Minors compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, but does not include hemp. (e) "Minor' means any person under eighteen (18) years of age (f) "Parent" means a person who is the natural, adoptive or stepparent or appointed guardian or someone at least eighteen years of age authorized by the parent or guardian to have care, custody or control of a minor. 11.16.020 Prohibition It is unlawful and a violation of this Code for any minor to consume alcohol, alcoholic beverages, tobacco or marijuana, or any controlled substance, or any combination thereof, within the City of Menifee. 11.16.030 Parental Responsibility It is unlawful and a violation of this Code for a parent knowingly to allow or permit a minor to violate the provisions of Section 11.16.020. 11.16.040 Violation — Penalty (a) Any minor or parent who violates the provisions of Section 11.16.020 or 11.16.030 is guilty of an infraction. In addition to a fine, the Police Department requests that the violator be assigned to a substance abuse program and/or community service hours. (b) The provisions of this Chapter also may be enforced by administrative citation or any other means legally available to the City. Section 3. Effective Date This ordinance shall be effective 30 days from the date of its adoption. PASSED, APPROVED AND ADOPTED this 61" day of Oct ber, 2009. Wallace W. Edgerton, ayor ATTEST: Kathy Bennett, City Clerk 2 Wallace W.Edgerton Mayor Fred Twyman Mayor Pro Tem John V.Denver Councilmember Darcy Kuenzi Coundimember STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE Cpss oundi member A.Mann CITY OF MENIFEE ) ouncil I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2009-57 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Menifee on the 15th of September, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 61h day of October, 2009 by the following vote: Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman Noes: None Absent: None Abstain: None Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.dtyofinenifee.us