HomeMy WebLinkAbout1985-04-02; City Council; 8121; Amendment of Code Regarding Drinking on the Beach4B#mI
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RECOMMENDED ACTION:
TITLE: DEPT. HD.~
CITY ATTY m
CITY MG R.Z
AMENDMENT TO CARLSBAD MUNICIPAL CODE 8.44.020 REGARDING DRINKING ON THE BEACH
Adopt Ordinance No. 3 /88'
Code by the amendment of Section 8.44.020 regarding drinking on the beach.
amending Title 8, Chapter 8.44 of the Carlsbad Municipal
ITEM EXPLANATION
Due to the recent annexation of the area south of San Marcos Creek, additional
beach area has come into our enforcement jurisdiction which is not currently
covered by our City ordinance.
Current wording exempts the areas of the South Carlsbad State Beach which is
interpreted by California State Parks and Recreations Department to mean the beach
area south of Palomar Airport Road. This would preclude enforcement of our drinking
ordinance on a large stretch of beach and thereby create confusion and inconsistency
in the minds of the public. Additionally, we would not be able to avail ourselves
of an ordinance which has been found to be very valuable in taking a protective approach to preventing problems in the beach area.
This ordinance will change the current wording and exempt only the campground area of South Carlsbad State Beach. has indicated they have no objections to the inclusion of the above area under our existing ordinance.
California State Parks and Recreation Department
FISCAL IMPACT:
The fiscal impact of amending the current ordinance is unknown at this time; however, some increased revenue is anticipated from citations issued to individuals violating the ordinance.
EXHIBITS:
1. Staff report prepared by Police Sergeant Dale Stockton.
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ORDINANCE NO. 31 88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 8, CHAPTER
8.44 OF THE CARLSBAD MUNICIPAL BY THE AMENDMENT OF SECTION 8.44.020 REGARDING DRINKING ON THE BEACH.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 8, Chapter 8.44 of the Carlsbad
Municipal Code is amended by the amendment of Section 8.44.020
to read as follows:
“8.44.020 Drinking on beach prohibited. No person shall consume any alcoholic beveraqe on any pubfic beach or -- beach which is open to the public;-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 this sectionp or on the South Carlsbad State Beach
Campgrounds.”
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST
Carlsbad City Council held on
1985 , and thereafter ...
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READ at a regular meeting of the
the 2nd day of Apr il I
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 9th day of April I 1985 by the
following vote, to wit:
AYES:
NOES: None!
ABSENT: “ne
Council Members Casler, Lewis, Kulchin, Chick and Pettine
ATTEST:
+dL
MARY Hi CASLER, Mayor
4 L[lf Th ALETHA L. RAUTENKRANZ? City C
( Seal )
MEMORANDUM
TO: Dan Hentschke, City Attorney's Office
FROM: Sergeant Dale Stockton, Police Department
SUBJECT: Proposed Change in Ordinance 8.44.020
DATE: 03-1 1-85
Due to the recent annexation of the beach area south of San Marcos Creek,
additional beach area has come into our enforcement jurisdiction which is
not currently covered by our city ordinance.
Current wording exempts the areas of the South Carlsbad State Beach which
is interpreted by State Parks to mean the beach area south of Palomar Airport
Road. This would preclude enforcement of our drinking ordinance on a large
stretch of beach and thereby create confusion and inconsistency in the minds
of the public. Additionally, we would not be able to avail ourselves of an
ordinance which has been found to be very valuable in taking a proactive
approach to preventing problems in the beach area.
I suggest that the wording of the current Ordinance be changed to exempt only
the campground area of the South Carlsbad State Beach. This could be done by
simply changing the phrase "except South Carlsbad State Beach" to "except the
South Carlsbad State Beach campgrounds".
I have checked with the State Park rangers and, while they do not use our
ordinance, they have no objections to the inclusion of the above area under
our existing ordinance.
Your consideration in this matter is appreciated.
-I
Dale L. Stockton, Sergeant