HomeMy WebLinkAbout2404ORDINANCE NO. 21ld y
AN ORDINANCE of the City of Port Angeles
establishing the crime of Minor in Public
Place After Having Consumed Liquor and
adding a new section to Chapter 9.34 of
the Port Angeles Municipal Code.
WHEREAS, the Washington Supreme Court ruled in State v.
Hornaday, 105 Wn.2d 120 (1986), that evidence of intoxication
without actual evidence of possession of alcohol is insufficient
to support a criminal charge of Minor in Possession of Liquor;
and
WHEREAS, the court's opinion in Hornaday supports the
charging of Minor in Possession when officers confront an intoxi-
cated juvenile, even if there is no evidence of actual or con-
structive possession of alcohol, if the MIP statute or ordinance
is amended to prohibit a minor remaining in a public place after
having consumed liquor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES, WASHINGTON, HEREBY ORDAINS as follows:
Section 1. Chapter 9.34 of the Port Angeles Municipal
Code is hereby amended by adding a new section 9.34.080 to read
as follows:
9.34.080 Minor in Public Place After Having Consumed
Liquor. It is unlawful for any person under the age of twenty -
one years to be or remain in any public place after having
consumed liquor.
Section 2 Effective Date. This Ordinance shall take
effect as provided by law.
-1-
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the S± day of
J
611_ , 1986.
ATTEST:
AS IS LICA%
5 erri L. An:erson,
Acting City Clerk
APPROVED AS TO FORM:
Cam . ) .41,r„ l�
Craig D. Knutson, City Attorney
PUBLISHED: JJi I I I Q r:) D
I
-2-
MEMO: June 25, 1986
TO: City Manager, Mayor and City Council
FROM: Mike Cleland, Chief of Police10'
SUBJ: Minor in Possession Ordinance
BACKGROUND: Several months ago a provision in the law that
allowed the arrest of minors for "minor in possession by
consumption" was struck down on appeal. This decision was based
on the wording and was due to a rather technical definition
of the words used in the old law. The court also made it clear
in their decision that if certain changes were made the
ordinance would once again be enforceable. The problem now
is that a minor cannot be arrested just because he is intoxi-
cated, he must be in actual possession of an alcoholic
beverage. This has presented numerous problems to the police
department while they are working dances and other activities
where young people are involved and that smell minority feels
they have to drink to have fun.
ANALYSIS: This ordinance merely gives the police department
back a tool to help us provide effective enforcement of our
minor in consumption ordinances.
RECOMMENIDATION: I reconuend the attached ordinance be passed.
77