SR-701-004 (4)
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JAN 1 3 19SQ
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Council MeetIng: 01/13/87
Santa Monica, CalifornIa
TO:
Mayor and CIty CouncIl
FROM:
City Staff
SUBJECT:
Proposed change of SectIon 42~4a of the Santa
MonIca MunIcIpal Code
INTRODUCTION
ThIS staff report proposes that SectIon 4204a of the Santa Monica
MunIcIpal Code be amended to prohibIt possession of open
contaIners of alcoholIc beverages in certaIn public places In the
City.
BACKGROUND
The
PolIce
Department,
recognlzlng
the
cause and
effect
relatIonshIp between drinkIng of alcohol In publIC and public
dlsorderllness, has actIvely enforced SectIon 4204a SMMC, whlch
states:
SECTION 4204a. Drlnklng Upon Public Property. No
person shall drInk any malt, splrltous or vinous
liquor containIng more than one-half of one per cent
by volume upon any pub11C street, alleyway, sIdewalk,
or parkway, or 1n any public bUIldings, publIC
lavatorIes, auto park, publIC park, beach, or lobby
or entrance way to any bUIlding wlthin the CIty,
provided that thls sectIon shall not apply to publlc
property occupied by prlvate persons under lease,
permit or llcense from the Clty when such lease,
permlt or license permits the sale and consumptlon
of such beverages. Any person vIolating this sectlon
shall be gUIlty of an Infraction. Any person convIcted
of an InfractIon under thIS section shall be punishable
by a flne of not more than $100.00. Unless the arrestIng
offlcer has reason to belIeve that the person has falled
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JAN 1 3 1987
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to glve h1S or her proper 1dentity,
for vIolatIon of thIS sectIon shall
accordance wIth SectIon 3606 hereof
wrItten promIse to appear.
any person arrested
be released In
upon hIS or her
Unfortunately, people vIolatIng section 4204a SMMC often see
polIce
offIcers
before
the
offIcers
actually
wItness
the
vIolatIon.
Thi s resul ts 1n one of two courses of actIon:
a
tIme-consuming "cat and mouse" game between the vIolator and the
polIce in WhICh offIcers walt, often unsuccessfully, to wItness a
vIolatIon, or an admonishment by the offIcers.
In both cases,
the dr1nklng often resumes wIth no positIve enforcement actIon
havIng been taken.
Last year, offIcers began actively enforCIng SectIon 25620 of the
BUSIness and ProfessIons Code, which states:
SectIon 25620. PosseSSIon of open containers; local
ordInances; exceptIon;
Any person possessIng any can, bottle or other
receptacle containIng any alcoholIC beverage WhICh
has been opened, or a seal broken, or the contents
of WhICh has been partIally removed, In any CIty,
county, or CIty and county owned park or other
adJacent cIty, county, or City and county owned
publIC place, or any recreation and park dIstrict,
or any regional park or open-space dIstrIct shall
be gUIlty of an Infraction if the city, county, or
CIty and county has enacted an ordinance WhICh
prohIbIts the consumptIon of alcoholic beverages
In such areas.
ThIS section shall not apply where the possession
is wIthin premIses located In a park or other
publIC place for WhICh a lIcense has been
Issued pursuant to this divIsIon.
Because SectIon 25620 B&P does not require that offIcers actually
see the vIolator drInk from the open container, It elimInates the
neceSSIty of waItIng to observe alcoholIC beverage consumptIon
often reqUIred by SectIon 4204a SMMC.
However, the sectIon IS
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only applicable to publIC parks.
As such officers are forced to
,
waI t and observe consumptIon of alcoholIC beverages in other
publIC places.
By amending SectIon 4204a SMMC to prohlbI t possessIon of open
contaIners of alcoholIC beverages In certaIn publIC places,
offIcers would be able to more effectIvely combat the problem of
drinking alcoholIC beverages In publIC.
BUDGETARY/FINANCIAL IMPACT
An Increase In revenue IS pOSSIble if addItIonal 4204a SMMC
CItatIons generate fInes.
Annual fIgures for tota 1 fInes pa Id on 4204a SMMC or 25620 B&P
vIolatIons are not available.
Currently, the fine for a 4204a
SMMC VIolatIon IS $20.00, $17.80 of WhICh IS retained by the
CIty. The fIne for a 25620 B&P IS only $10.00, $8.90 of WhICh IS
retaIned by the CIty.
RECOMMENDATION
It IS recommended that the CIty Council dIrect the CIty Attorney
to prepare an ordInance amendIng MunICIpal Code SectIon 4204a.
Prepared By:
James F. Keane, Chief of Police
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