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sr-062381-6z8JUN ~ 3 i9 $3 RMM:SSS:EG:r 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, Ja~TiU~ d JUN 2 °~ t989 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: 2 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. 3 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 4