HomeMy WebLinkAbout1977-05-03; City Council; 3746-2; Drinking on the Beach70
a. @ 7; CITY OF CARLSBAD
32
AGENDA BILL NO. 3746 - suI?!?lement #2 Initial :
Dept. Hd.
C. Attv. DATE : May 3, 1977
DEPARTMENT : City Manaqer C. Mgr. 5
Subject:
DRINKING ON THE BEACH
Statement of the Matter
On March 1, 1977, Ordinance No. 3106 was introduced for first reading. Council action determined that it would not be returned. for a second reading and adoption until such time
as the City had a response from the State Department of Parks
and Recreation.
Tentati-ve agreement has been reached with the State Department
of Parks and Recreation to enforce California Administrative
Code, Title 1.4, Chapter 1, Section 4328, prohibiting drinking of alcoholic beverages on the state beach. This enforcement would be a dual respnsibility between the state and the Police Department of Carlsbad. The state has requested that the
enforccnent ordinamce indi-cate the7 exception of South Carlsbad State
Beach as there have been RO problp.m% at that'location.
The attached ordinance reflects the exception of South Carlsbad
State Reach.
.A letter from Mr. Jack Welch, Area Manager, San Diego Coast
State Beaches, will be forthcoming prior to Council meeting.
Exhibit ,
Status Report from Chief of Police dated April 26, 1977
Ordinance No. 3106
Recommendation 'r
Reintroduce Ordinance No. 3106
Counc.il action .
5-3-77 Ordinance #31O6 was reintroduced for a first reading as corrected.
5-17-77 Ordinance #3106 was given a second reading and adopted.
Dear Kr. Bus3ey:
I cannot give you a copy of the Ceclaration of Postiria until it; is acbi.>lJ-y
accogplished on j-!ay 23, 1977.
date.
I will see fhzt you receive a co2y on thzt
Tnuik you ad your staff for your cooperation.
.- Sincerely .-
cc : J. '(.ki.-teherrd
DATE :
TO :
FROM :
SUBJECT :
MAY 2, 1977
CITY COUNCIL
Assistant City Manager
AGENDA BILL 3746 - Supplement #2 DRINKING ON THE BEACH
Wording on the ordinance for the subject agenda bill was in error in Section 8.44.020. Correct wording is:
"NO person shall consume any alcoholic beverage
on any public beach or beach which is open to the public, except South Carlsbad State Park.Beach or on any street, sidewalk, alley, highway, or public parking lot immediately adjacent to such beach. 'I
Attached is a copy of the corrected ordinance.
WILLIAM C. BALDWIN Assistant City Manager
WCB: ldg
Att.
._ -
CARLSBAD POLICE DEPARTMENT
TO : Paul D. Bussey
City Manager
April 26, 1977
FROM: Roy J. Kundtz Chief of Police
SUBJECT: Drinking on the Beach - Status Report
Tentative agreement was reached today in discussions with Mr. Jack Welch's assistant representing the California Depart-
ment of Parks and Recreation to enforce California Administra-
tive Code, Title 14, Chapter I, Section 4328, prohibiting
drinking of alcoholic beverages on the state beach. This
enforcement would be a dual responsibility between the state and the Police Department of Carlsbad. It was also understood that although our City Ordinance would also prohibit drinking of alcoholic beverages, the State Code would be used as the enforcement section.
We agreed that signs explaining the prohibition both by the
state and the city would be placed strategically at entrances
to the beach. This would be done by the state Parks and Recrea-
tion employees. An exception to the enforcement ordinance would
be recognized for South Carlsbad State Beach.
A letter will be initiated by Mr. Welch shortly confirming this
agreement.
I am informed by Mr. Baldwin that the earliest time the City Ordinance may be brought to the Council would be May 3, with an effective date thirty days thereafter. Although we do not need the City Ordinance to enforce the state prohibition prior to that date, for practical purposes and publicity, both prohibitions should start simultaneously. If at all possible, it is important that the prohibition be effective the Memorial Day weekend, which would call for some type of emergency Ordinance adoption on May 3.
RJKdj
cc: Vince Biondo, City Attorney
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
. 21
22
23
24
25
26
27
28
ORDINANCE NO. 3106
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AXENDING
TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.44 TO PROHIBIT
THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON CITY BEACHES.
The City Council of the City of Carlsbad, California,
oes ordain as follows:
SECTION 1: That Title 8 of the Carlsbad Municipal Code
s amended by the addition of Chapter 8.44 to read as follows:
"CHAPTER 8.44
ALCOHOLIC BEVERAGES
ections:
8.44.010 Alcoholic beverages. - defined. 8.44.020 Drinking on the beach - prohibited.
8:44.010 Alcoholic beverages - defined. Alcoholic
everages for the pur2oses of this chapter includes alcohol,
pirits, liquor, wine, beer and every liquid or solid containing
lcohol, spirits, wine or beer and which contains one-half of one
lercent or more of alcohol by volume, and which is fit for con- umption either alone or when diluted, mixed or combined with ther substances.
8.44.020 Drinking on the beach - prohibited. No person
hall consume any alcoholic beverage on any public beach or beach ,hich is open to the public, except South Carlsbad State Park Beach,
r on any street, sidewalk, alley, highway, or public parking lot
mediately adjacent to such beach. This section shall not be eemed to make punishable any act or acts which are prohibited by
ny law of the State of California."
EFFECTIVE DATE: This ordinance shall bz effective thirty
ays after its adoption, and the City Clerk shall certify to the
doption of this ordinance and cause it to be published at least
nce in the Carlsbad Journal within fifteen days after its
doption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad City
- .
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c. _. 4
Council held on the 3rd day of May , 1977, and
thereafter
PASSED AND ADOPTED at a meeting of said City Council held
on the 17th day of W a y , 1977, by the following vote,
to wit:
AYES : Councilmen Frazee, Lewis, Packard and
NOES : None Councilwoman Casler
ABSENT :
ROMRT C. FMZEE, Mq,ybr
ATTEST :
(SEAL)