§ 29-57. Same—Inspection of containers brought into parks; consent to search.

(a)

Definitions. The following terms are hereby defined for the purpose of this section:

(1)

Enforcement officer shall mean any uniformed county park employee.

(2)

Container shall mean any cooler, portable icebox, carrier, luggage, can, bottle, bag or box which may reasonably be used to contain alcoholic beverages. Purses, handbags and wallets are specifically exempted from the foregoing definition of "container."

(3)

Alcoholic beverage is defined in the same fashion as that term is defined in section 29-56.

(b)

Illegal portage. It shall be unlawful for any person to bring alcoholic beverages of any kind into the premises of any county park unless such alcoholic beverages are brought into the county park for distribution under the terms of an alcoholic beverage permit which has been issued by the county parks and recreation department pursuant to regulations approved by the board of county commissioners. Such illegal portage shall constitution a violation of this section and shall be prosecuted and punished in the manner provided by general law.

(c)

Notice of consent to inspection. There shall be posted at each entrance to any parking areas adjacent to and at each entrance to any county park a sign which shall state in such fashion as to be easily read from a distance of three (3) feet by a person of average eyesight, the following language, or language to like effect:

"Alcoholic Beverages Prohibited—
Consent to Inspection

Every person entering this park, upon request by an enforcement officer, shall exhibit the contents of any container which may contain an alcoholic beverage. Compliance with such a request is a condition of entry to this park."

All signs in existence on the adoption date of this Code that complied with the provisions of Ord. No. 85-25 as of such date are ratified and shall be considered to be in compliance with this section.

(d)

Inspection procedure. Any enforcement officer may demand of any person seeking entrance to or present in any county park that such person exhibit the contents of any container in his possession, custody or control for the sole purpose of inspecting such container for the presence of alcoholic beverages. Any person refusing to consent to such inspection of a container in his possession, custody or control shall be denied admittance to a county park. If such person is present in a county park at the time a demand for such inspection is made and refuses to consent to such inspection, such person shall be ordered to leave the county park forthwith. Should such person refuse to leave forthwith, such person shall be deemed in violation of this section and shall be punished in the manner provided in section 1-9.

(e)

Confiscation. Should an enforcement officer observe a container over which no person apparently has possession, custody or control, then such officer may take such container into his possession and deliver it to the park ranger in charge, or his designee, to hold until claimed and properly identified, at which time such container shall be subject to an alcoholic beverage inspection and the claimant of the container may be cited for a violation of this section if the container is found to contain an alcoholic beverage.

(Code 1965, § 25-31; Ord. No. 85-25, § 3, 8-26-85; Ord. No. 91-7, § 3, 3-26-91)