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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)