HomeMy WebLinkAbout1988-12-13; City Council; 9778; Amendment Possession of Glass and Open Containers Alcoholic Beverages on BeachCl * OF CARLSBAD - AGENC BILL
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c TITLE:
POSSESSION OF GLASS CONTAINERS AND OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES ON OR NEAI: THE BEACH
AMENDMENT TO CMC S11.32.040 REGARDING DEPT. "Dm
RECOMMENDED ACTION:
Introduce Ordinance No. NS-U
ITEM EXPLANATION
Presently, the Carlsbad Municipal Code declares it to be illegal to possess glass containers on the beach or to consume any alcoholic beverage. The Code, however, does not prohibit the
possession of any alcoholic beverage in a can or a cup if not
actually consumed. This has resulted in an enforcement problem
where the person or persons have brought and consumed alcoholic
beverages on the beach but the actual act of consumption has not
been observed by a police officer. The courts have generally taken
the view that actual observation of consumption of alcoholic
beverages is necessary for a violation of the existing sections.
The proposed amendment would close this gap so that the possession of an open container of an alcoholic beverage would be prohibited.
FISCAL IMPACT
None, except for minor increased staff time in preparing and
processing citations.
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ORDINANCE NO. NS-49
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 11,
CHAPTER 11.32 OF THE CARLSBAD MUNICIPAL CODE
REGARDING POSSESSION OF GLASS CONTAINERS AND
OPEN CONTAINERS OF ALCOHOLIC BEVERAGES ON OR NEAR THE BEACH PROHIBITED
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION I: That Title 11, Chapter 11.32 of the Carlsbad
Municipal Code is amended by the amendment of Section 11.32.040 to
make the existing paragraph designated as (a) and to add section
(b) as follows:
"(b) No person who has in his or her possession any
bottle, can or other receptacle containing any alcoholic beverage
which has been opened, or a seal broken or the contents of which
have been partially removed, shall enter, be, or remain on any
beach or on any street, sidewalk, alley, highway, blufftop or parking lot immediately adjacent to such beach."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the 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 READ at a regular meeting of the
Carlsbad City Council on the 13th day of December , 1988,
and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 20th day of December I
1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
aAZL A- I;)n;;cLnka,
ALETHA L. hUTENKRANZ, Cityklerk
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November 14, 1988
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TO: Police Chief
FROM: City Attorney
PROPOSED AMENDMENT TO CMC 611.32.040 POSSESSION OF GLASS CONTAINERS AND OPEN CONTAINERS OF ALCOHOLIC BEVERAGES ON OR NEAR THE BEACH
PROHIBITED
From time to time, the courts have dismissed a violation of Section
8.44.020 which prohibits drinking on the beach based on the narrow and technical interpretation that since the police officer did not
actually observe defendant consuming alcohol there was no violation of this section. Such an interpretation means that a person can bring an alcoholic beverage to the beach so long as it is in a cup, plastic container or can and actually consume it so long as it is
not observed by a police officer. The proposed amendment would
prohibit the possession of open containers at or near the beach and-
would not require the police office to be an eye witness of the act
of consuming alcohol. If you concur with the proposed amendment
and if it is adopted by the City Council, please inform your
officerstowrite their citations for violation of Section 8.44.020
if they see defendant consuming alcohol or Section 11.32.040(b) if a defendant merely possesses an open container of alcoholic beverage but the police officer does not observe the actual act of
consumption.
Should you have any questions regarding the above, please do not hesitate to contact me.
RONALD R; BALL
Assistant City Attorney
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