HomeMy WebLinkAbout1977-03-01; City Council; 3746-1; Drinking on the BeachCITY OF CARLSBAD -
7/ AGENDA BILL NO. 46 -AM& Initial:
I // DATE : March 1, 197'7
DEPARTMENT: City Manager
Dept . Hd .
C. Atty. \IfA
C. Mgr. ~
1 Subject: L
DRINKING ON THE BEACH
‘Statement of the Matter
A meeting was held on January 5, 1977 with City staff and State Beach
and Park staff regarding the enforcement of "no drinking on the beach." !
The consensus of the meeting seemed to be that if the City felt drinking i
on the beaches was creating a problem, and reasonable documentation could be provided, the District Superintendent for the San Diego Coast Area of the Department of Parks and Recreation has authority to ban drinking on the beaches under his jurisdiction. Sections 5003 and 5008 of the Public Resources Code empower the Department of Parks and !
Recreation to adopt rules and regulations for the use of State Park
property and makes the violation of any such rule a misdemeanor. Title 14, Chapter 1, Section 4327, of the California Administrative Code provides . 1 that no person shall consume alcohol in a State Park when the District
Superintendent so orders, upon a ficding that such consumption is incon-
sistent with the use of the park and detrimental to the health and safety
of park visitors. The Superintendent has indicated he is willing to favorably consider imposing the ban on alcohol with the exception of the South Carlsbad State Beach since there have been no problems reported at that location.
A memo from the Police Chief dated February 7, 1977 outlines City and
State Beach alcohol and related problems and includes an attachment showing arrest statistics for 1975 and 1976. This information can be
used for documentation if Council chooses to request the State Department
of Parks and Beaches to ban drinking on the beaches in Carlsbad under
their jurisdiction for a one year period. This request can be initiated yearly by the Council. The City Attorney has prepared a local ordinance
prohibiting the consumption of alcohol on all beaches under City
jurisdiction.
Exhibit Memo, from Police Chief to City Manager dated 2-7-77
Ordinance No. 3/4 --
Recommendation
1. Introduce Ordinance No. 3/06 for first reading. .-
2. By minute motion, request the Dissrict Superintendent, San Diego Coast Area, Department of Parks and Recreation, to prohibit consumption of alcohol on State Parks within the city limits of the City of Carlsbad, excepting the South Carlsbad state Beach, pursuant to Section 4327 of the California Administrative Code.
Council Action:
3-1-77 Ordinance No. 3106, prohibiting the consumption of alcoholic beverages
on City Beaches, was introduced for a first reading and further,
' it was agreed that the Ordinance would not be returned for a second
reading and adoptton*until such time as the City has had a response from the State Beaches and Parks Department. /
Ir
CARLSBAD POL1 CE DEPARTZIENT
TO:
FROM :
SUBJECT:
Paul D. Bussey February 7, 1977
City Manager
Roy J. Kundtz
Chief of Police
Alcohol & Carlsbad City and State Beach Related Problems
For the past two years the Police Department has been plagued with
persistent complaints along the public and private and state-
controlled beaches within the City. Most of these problems are
related to the consumption of alcohol. This is borne out by the
fact that during calendar year 1975 the Police Department arrested
335 persons for alcohol related offenses, and in 1976 those arrests jumped to 528, an increase of 193. This was due primarily to the following: 1) the disbanding of the CSO Beach Patrol,
2) the prohibition of drinking on the beaches in the City of Oceanside, and 3) an increase in number of people using Carlsbad
beaches for recreational purposes.
During the past two years we have utilized the State Codes as our
enforcement technique and we have been limited to making admonitions
or arrests for minor in possession 25662 B&P Code, 647(f) PC. Of
course, we also can enforce any other specific violations which
occur subject to the general rules of arrest such as malicious
mischief, assault and battery, which must be committed in the
officer’s presence. During the last two years also, we have had
several discussions with Mr. Jack Welch, Area Manager for the
State of California, Department of Parks and Recreation. Ye have, as a result of these discussions, assumed concurrent jurisdiction
for state controlled parks in our City. However, the problems on
the beach have not subsided. As a result of community interest,
Mr. Welch has suggested that if the community shows a desire to
prohibit the drinking of alcoholic beverages on the beach area
in Carlsbad, his Department may make an enforceable prohibition
with a penalty for violation under provisions of Title 14, Section
4327 of the California Administrative Code.
Further discussions with Mr. Welch would seem to indicate that
he would agree to this prohibition on all of the public beaches
controlled by the State and the City of Carlsbad with the exception
of the camping facility at South Carlsbad State Beach which, up to
this point, has had none of the previously mentioned problems.
It is my recommendation that we request this regulation of no
drinking on the beach be enforced by the State Parks and Recreation
personnel and the Police Department continuing to assume concurrent
jurisdiction. At the same time in order to keep enforcement uniform, the City should adopt a similar ordinance on that beach area which
is private property now open to the public, specifically north of Oak Street to the northerly City limits. Recognizing the
problems created by drinking on the beach, the announcement by
the State that they are going to allow over-night camping at
Tamarack is most disconcerting and would appear to create
additional problems which we are seeking to avoid with the
non-drinking plan.
We should, therefore, do whatever is necessary to encourage the State to continue to prohibit over-night parking in their open
beach area.
RJK: 1 j cc: Bill Baldwin
Asst. City Manager
YEAR OF 1975
MONTH
January
February
March
Apri 1
May
June
July
August
September
October
November
December
ANNUAL.TOTAL:
\ALCOHOL RELATED ARRESTS
8
17
16
17
27
28
60
23
25
41
41
32
335
YEAR OF 1976
MONTH ALCOHOL RELATED ARRESTS
January
February
March
Apri 1
May
June
July
August
September
October
November
December
ANNUAL TOTAL:
47
33
19
31
56
48
93
39
36
62
37
27
528
BEACH ARRESTS
0
0
1
1
2
2
9
5
4
4
0
3
31
BEACH ARRESTS
0
0
0
1
2
5
22
7
3
2
8
0
49
Alcohol related arrests increased by 193 from 1975 to 1976.
Alcohol related arrests on the beach increased by 16 from 1975 to 1976,
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b- G
3106 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
'\,
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'i, TITLE 8 OF THE CARLSBAD MUNICIPAL CODE \,
'k BY THE ADDITION OF CHAPTER 8.44 TO PRO-
'\ HIBIT THE CONSUMPTION OF ALCOHOLIC
BEVERAGES ON CITY BEACHES.
The City Cquncil of the City of Carlsbad, California, does
? ordain as follows:
SECTION 1: That Title 8 of the Carlsbad Municipal Code
is amended by the addit$on of Chapter 8.44 to read as follows:
''CHAPTER 8.44
ALCOHOLIC BEVERAGES
, '.. Sections:
*\ 8.44.010 Alcoholic bevetages - defined.
8.44.020 Drinking on the,beach - prohibited.
8.44.010 Alcoholic beverage$ - defined. Alcoholic
beverages for the purposes of this c pter includes alcohol,
spirits, liquor, wine, beer and ever iquid or solid containing
alcohol, spirits, wine or beer and whibh contains one-half of one
percent or more of alcohol by volume, a% which is fit for con-
sumption either alone or when diluted, miyed or combined with other substances.
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any alcoholic beverage on any
8.44.020 Drinking on the beach - prohibited. No person
n to the public or on any streetmwa ' 3hgach k, alley, Or beach
highwa ublic king lot immediately adjaeent to such beach $'8~?k$~e%%fl%%ll not be deemed to make':punishable any
act or acts which are prohibited by any law of th& State of California. '' z
i
EFFECTIVE DATE: This ordinance shall be ef fehtive thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published 8,t least
once in the Carlsbad Journal within fifteen days after its adoptioi
INTRODUCED AND FIRST READ at a meeting of the Carlsbad City
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day of , 1977, and \\ Couqcil held on the
thereafter
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PASSED AND ADOPTED at a meeting of said City Council held
on the ,, clay of , 1977, by the following vote,
to wit:
AYES: '
NOES :
ABSENT :
ROBERT C. FRAZEE, Mayor
ATTEST :
MARGARET E. ADAMS, City Clerk
(SEAL)
2.
t
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Manager
6it.p of
March 24, 1977
TELEPHONE: (714) 729-1 181
Raymond S.-Mullen, M.D.
Miller, Mullen and Cline, Inc.
3780 Twelfth Street Riverside, California 92501
Thank you €or your letter dated March 14, 1977 con-
cerning the City's ordinance prohibiting drinking on the beaches. The City Council has not yet adopted this ordinance but it is anticipated that they will
shortly.
The City Council's intent in considering the ordinance is to reduce the number of police problems that have
been developing along our City's beaches. The ordinance
is not intended to prohibit individuals such as yourself from using your private property, While enforcement may be a little difficult in the area in which your property is situated, since the public area of the beaches is not
easily recognizable from private yards, our police will
attempt to enforce the ban properly with your cooperation.
Thank you for bringing this matter to our attention. If
you have any other questions, please feel free to call on
me.
City Manager
PDB: ldg
.cc: city &unci1
JOHN R. MILLER, M.D.
RAYMOND S. MULLEN. M.D.
OPHTHALMOLOGY
OPHTHALMOLOGY
MILLER. MULLEN AND CLINE. INC.
3780 TWELFTH STREET
RIVERSIDE. CALIFORNIA 92501
March 14, 1977
City Council
Car 1s bad
California
HUBERT L. CLINE, M.D.
FACIAL PLASTIC SURGERY
OTOLARYNGOLOGY
Re: Beach Booze Ban
Gentlemen:
As a taxpaying property owner of Carlsbad for
more than 20 years, I must speak against your proposed
ordinance prohibiting alcoholic beverages on our beach.
My own 100 ft. of frontage south of the Academy, as my
deed description states, extends to the "mean high tide
line.
ness in public, I would strongly object to your efforts to
prevent my enjoying a cold can of beer on a hot summer
afternoon while I am sitting in my own "front yard". Un-
less your ordinance intends to ban consumption of alcoholic
beverages anywhere within the city limits of Carlsbad, I
should forewarn you that compliance with the ordinance
will be a personal issue with me. After all, man's
home is his castle".
While it is not my intention to encourage drunken-
Thanking you for your reconsideration of this
matter, I remain,
Sincerely yours,
Raymond S. Mullen, M. D.
RSM:c
3-20- 7 7
3518 Carlsbad
Carlsbad, Cali