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City Council Meeting 6-23-81 Santa Monica, California
STAFF REPORT
T0: Mayor and City Council
FROM: City Attorney
SUBJECT:. Request to Amend Municipal Code Section 4204a
Relating to Drinking On Public Property
INTRODUCTION
This report recommends that Santa Monica Municipal Code
Section 4204a be amended to reduce the offense of public drinking
from a misdemeanor to an infraction, to provide penalties similar
to those imposed for other offenses of the same severity, and to
provide for a citation and release procedure.
STATEMENT OF THE PROBLEM
Santa Monica Municipal Code Section 4204a prohibits
drinking of alcholic beverages on public property. Currently
classifed as a misdemeanor, the maximum penalty for this offense
is six months imprisonment, a $500 fine, or both. Because of
potential for imprisonment, all defendants charged with violating
Section 4204a are entitled to appointed counsel if indigent and
to trial by jury.
During any one year
thousands of violations
approximately 300 to 400
during the remainder of
prosecutions per month are
the City Attorney's office prosecutes
of Section 4204a. During the summer
prosecutions per month are commenced;
the year, approximately 200 to 300
commenced,
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Convictions for violating Section 4204a generally result in
fines of $ 20.00 plus penalty assessment; post conviction
imprisonment is almost never imposed. However, persons arrested
for violation of Section 4204a are sometimes incarcerated,
resulting in jail time that is seldom imposed for conviction
itself. For example, an arrest on Friday afternoon or evening
may result in incarceration over the weekend if the defendant is
unable to post bail.
In late 1980, defense attorneys were increasingly demanding
jury trials in Section 4204a cases, thereby causing a substantial
burden and expense on the City Attorney's office, the Police
Department, and the Municipal Court. Currently, few jury trials
are being demanded, although the potential for substantial
demands on resources continues to exist.
The City Attorney's office recommends that Section 4204a be
amended to reduce the offense from a misdemeanor to an
infraction. In addition to being more consistent with the nature
of the offense, the proposed change would eliminate the right of
all defendants to appointed counsel if indigent and trial by
jury. Cases could be processed in a summary fashion in the same
manner as routine violations of the Vehicle Code.
Implementation of the proposed amendment will produce more
efficient administration of justice. The Chief of Police concurs
in this recommendation.
The City Attorney°s office believes that Section 4204a be
amended to read as follows:
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Section 4204a. Drinking Upon
Public Property. No Berson shall drink
any malt, spiritous or vinous liquor
containing more than one-half of one
percent alcohol by volume upon any public
street, alleyway, sidewalk, or parkway,
Gr in any pu`uiiC buildings, public
lavatories, auto park, public park,
beach, or lobby or entrance-way to any
building within the City; provided that
this section shall not apply to public
property occupied by private persons
under lease, permit, or license from the
City when such lease, permit or license
permits the sale and consumption of such
beverages. Any person violating this
section shall be guilty of an infraction.
Any person convicted of an infraction
under this section shall be punishable by
a fine of not more than $100.00. Unless
the arresting officer has reason to
believe that the person has failed to
give his or her proper identity, any
person arrested for violation of this
section shall be released in accordance
with Section 3606 hereof upon his or her
written promise to appear.
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The proposed amendments will ensure that persons arrested
for this offense are promptly released upon giving their written
promise to appear. Failure to have identification, which is
often the case in connection with arrests in the vicinity of the
beach, is not a basis for transportation to the jail unless the
arresting officer has reason to believe that a false identity has
been giver..
ALTERNATIVE
The following alternatives are available:
1. Direct the City Attorney to prepare an ordinance to
amend Municipal Code Section 4204a to reduce the offense from a
misdemeanor to an infraction.
2. Direct the City Attorney to prepare an ordinance to
amend Municipal Code Section 4204a in some other fashion.
3. Take no action.
RECOMMENDATION
It is respectfully recommended that the City Council direct
the City Attorney to prepare an ordinance amending Section 4204a
in the manner outlined above.
PREPARED BY: Robert M. Myers, City Attorney
Stephen Shane Stark, Assistant City Attorney
Edward A. Germain, Deputy City Attorney
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