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Home My WebLink About1984-08-07; City Council; 7845; Prohibit Consumption of Alcohol on Beach BluffsRB# 784c TITLE: MTG. DEPT. 8/ 7/8 4 POL AMENDMENT TO CARLSBAD MUNICIPAL CODE 3.44.020 TO ADDITIONALLY PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON BLUFFS ADJACENT TO THE BEACH RECOMMENDED ACTION: Introduce amended Ordinance 8.44.020 to additionally prohibit consumption of alcoholic beverages on bluffs adjacent to the beach. ITEM EXPLANATION: The Vista Municipal Court has recently interpreted Carlsbad Municipal Code 8.44.020 as not prohibitina consumption of alcohol on the bluff areas of the beach. The nolice department has maintained a beach enforcement team during the summer months which has been successful in mitiaatinn the potential for criminal activity and disturbances in the heach area. CITY A Public health, safety and welfare require that the Council adopt the proposed amendment as an urgency ordinance. that the present ordinance does not ?errnit enforcement on the bluff areas, individuals will move to those locations to drink alcoholic beverages. Beach activitv is at peak levels now and once it is known FISCAL IMPACT: A fine of $50 is imposed for each violation; a portion of which the City receives. No additional costs will be incurred as a result of the amendment. EXHIBITS: 1. Ordinance No. 3 /7L/ . 2. Copy of existing Ordinance No. 8.44.020 3. 4. Memorandum from City Attorney's office to Chief of Police Memorandum from Chief of Police to City Manager regarding beach enforcement. c 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 31 74 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8, CHAPTER 8.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 8.44.020 TO ADDITIONALLY PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON BLUFFS ADJACENT TO THE BEACH. WHEREAS, the City presently prohibits the consumption of alcoholic beverages on the beach and areas immediately adjacent to the beach; and WHEREAS, the area subject to the prohibition must be expanded to include improved and unimproved bluff areas adjacent to the beach in order to prevent large congregations of persons, especially at night, which lead to criminal activity and disturbances in the beach area; and WHEREAS, it is necessary that this ordinance be effective immediately during the peak summer hours in order to protect residents and visitors, Therefore, the City Council of the City of Carlsbad, California does ordain as follows: “8.44.020 Drinking on the beach prohibited. 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, public parking lot or bluff-top whether improved or unimproved adjacent to such beach. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state. This section shall not apply to the consumption of alcoholic beverages on any private residential property, including hotels or motels, located in any area specified in thi: section. This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately up01 its adoption. The facts constituting the emergency are set fort1 above and represent a serious threat to the citizens of Carlsbad. 1 2 3 4 5 6 7 8 9 10 11 12 9 19 2c 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective immediately upon passage. The City Clerk of the City of Carlsbal shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteei days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 7th day of mcpst I 1984 , and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 14th day of August , 1984 by the following vote, to wit: AYES : Council mrs Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: Mne % d& MARY H. ASLER, Mayor ATTEST : i ALETHA L. RAUTENKRANZ, City Cler ( Seal ) 7 c- 40.280--8.44.020 and to the licensee at the address shown on his license at least five days prior to the date of the hearing. (Ord. 3102 §l(paqt), 1975). 8.40.280 Hearing. At a hearing to review the suspen- sion of a license required by this chapter, the council shall hear the chief of police and his witnesses and the licensee and his witnesses. After the hearing the council shall by resolution either sustain the police chief's action, modify the terms of the suspension, or order the license reinstated. (Ord. 3102 Sl(part), 1975). 8.40.290 Whom officer may work for restricted. It is unlawful to act as a private police patrol special officer for a private police patrol service other than the service his license authorizes him to act for, unless so authorized by the chief of police. (Ord. 3102 §l(part), 1975). Chapter 8.44 ALCOHOLIC BEVERAGES Sections: 8.44.010 Alcoholic beverages defined. 8.44.020 Drinking on the beach prohibited. 8.44.010 Alcoholic beverages defined. "Alcoholic beverages," for the purposes of this chapter, includes al- cohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by vol- ume, and which is fit for consumption either alone or when diluted, mixed or combined with other substances. (Ord. 3106 Sl(part), 1977). 8.44.020 Drinking on the beach prohibited. No per- son 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. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state. (Ord. 3106 §l(part), 1977). 141-5 (Carlsbad 7/15/7 7) c -. c July 20, 1984 TO : Police Chief FROM : City Attorney CARLSBAD MUNICIPAL CODE SS 8.44.020 AND 11.24.134 Commissioner Ornelas has determined that the park area located on the blufftop along Carlsbad Boulevard north of Tamarack Avenue is not an area immediately adjacent to the beach for the purposes of section 8.44.020 and 11.24.134 of the Carlsbad Municipal Code. The rationale the commissioner used would apply to all the bluffs along Carlsbad Boulevard, eg. the parking area across from Off Shore Surf Shop. If you think that consumption of alcoholic beverages or glass should be prohibited in all or some of these bluff areas please let us know so we can amend the ordinance and take the matter to Council. Assistant City Attorney rmh . JULY 24, 1984 TO: CITY MANAGER FROM: Police Chief BEACH ENFORCEMENT SUMMARY After three weeks of special emphasis on beach activity and related problems, a favorable result has been experienced. and supervisors report the following. Officers responsible for the program 1. 2. 3. 4. 5. The number of large ‘‘unruly’’ crowds has noticeably decreased. The number of “family” type groups has noticeably increased. Officers assigned to the adjacent beat (41) were able to devotti! more time and effort to other areas of their beat which needed attention. During the period the detail was working there were no assaults, thefts, disturbances , etc. reported in the area where the officers were operating. At 11 :30 P.M. on Friday and Saturday of the third weekend the beach lots began to empty without any effort on the part of the monitoring units. The subsequent clearing of the beach was thus made much safer and easier. Although there has been much grumbling by citizens receiving citations, there has also been much praise by citizens who were on the beach and who favored the the efforts taken. 6. The additional results for three weekends are: .. DATE MISCELLANEOUS CITATIONS INFRACTION CITATIONS TOTALS Friday, July 6 22 4 26 37 Sub-total s 55 8 63 - 4 Saturday, July 7 - 23 - Friday, July 13 41 51 Saturday, July 14 -- Sub-total s 92 . Friday, July 20 39 25 Saturday, July 21 . - Sub-total s 64 21 1 Grand Totals - - 3 44 54 3 6 98 - - 49 38 10 13 23 87 - -. 248 - 37 - Theabovenumbers do not include what could be several hundred warnings and explana- tions of applicable laws. taining to the beach, parking, driving and penal codes. The laws that are being enforced include all laws per- Due to the program's success this far and anticipated need for continued vigi- lance, I have authorized Captain Kellogg to continue the program for three more weeks. Additional information will follow as it is developed. A n VINCENT ,c IMNO J db