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City of City ~®~~IClI ~\~rpO,{~
Santa Monica
City Council Meeting: March 22, 2011.
Agenda Item:
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Ordinance Prohibiting Open Alcoholic Containers Within Public
Parks and Beaches
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance amending Section 4.08.200 of_the Santa Monica Municipal Code in order to
prohibit the carrying of open alcoholic containers within public parks and beaches.
Executive Summary
The proposed ordinance, which was requested by the Santa Monica Police Department,
amends the City's existing law's prohibition against drinking in public by further
prohibiting any person from carrying open. alcoholic containers within public parks and
beaches. The proposed ordinance provides an exemption to persons consuming
alcohol or carrying alcoholic containers on public property, if they are doing so pursuant
to a City issued license, permit, or lease which authorizes such activities.
Background
Santa Monica Municipal Code Section 4.08.200 currently prohibits persons from
drinking any alcoholic beverage while on public property, such as parks, beaches and
sidewalks. This prohibition currently does not extend to persons carrying open alcoholic
beverage containers in public (commonly referred to as "open container") but not seen
drinking from such open containers.
California Business and Professions Code Section 25620 prohibits possession of open
containers within public parks, public recreational areas, and other public places owned
by a city or county, if the city or county enacts local legislation enabling the enforcement
of Section 25620 within its jurisdiction.
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Discussion
Section 25620 has been an important law enforcement tool for the Santa Monica Police
Department ("SMPD") in combating public intoxication. According to SMPD, City police
officers and park rangers regularly contact persons carrying open containers while on
public property. Persons carrying open containers inevitably drink from them while on
public property. This behavior is undesirable,'as it leads to public intoxication, which
endangers the health and safety of the intoxicated person and the public at large.
As stated above, Section 25620 can only be enforced within Santa Monica if the City
has adopted local legislation enabling the enforcement of Section 25620 within its
jurisdiction. A recent judicial decision calls into doubt whether Santa Monica's
implementation of Section 25620 is legally sufficient.
In light of this legal concern and the undesirable nature of open containers and public
intoxication, staff proposes the attached= ordinance, which would implement Business
and Professions Code Section 25620 within Santa Monica, thus prohibiting open
containers within public parks and beaches. The prohibition in the proposed ordinance
mirrors the language of state law. The proposed ordinance provides an exemption to
persons consuming alcohol or carrying alcoholic containers on public property, if they
are doing so pursuant to a City issued license, permit or lease which authorizes such
activities (e.g. outdoor dining on sidewalks pursuant to a City issued license/permit).
Persons carrying .open containers to a recycling location, with the intention of recycling
such containers, are also exempt from this law.
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Financial Impacts & Budget Actions
There are no financial impacts associated with the adoption of the proposed ordinance.
Prepared by: Yibin Shen, Deputy City Attorney
Approved:
Forwarded to Council:
~ c
M sha of es Mo rie
Ci tt n y
~.. -
Rod Gould
City Manager
Attachments:
PROPOSED ORDINANCE
ATTACHMENT A
Council Meeting: 03-22-2011
ORDINANCE NUMBER (CCS)
(City Council Series)
Santa Monica, California
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.08.200 THE SANTA MONICA MUNICIPAL CODE RELATED
TO PROHIBITION OF OPEN CONTAINERS
WHEREAS, persons carrying open alcoholic containers in public almost
inevitably drink from such containers while in public; and
WHEREAS, persons drinking alcoholic beverages in public often lead to public.
intoxication; and
WHEREAS, science has demonstrated that alcohol impairs brain functions and,
in sufficient quantities, often causes uncoordinated physical movement, aggressive
behavior, and can cause loss of memory, confusion, progressive lethargy, incontinence,
coma and suppression of the cardiac and respiratory systems; and
WHEREAS, persons intoxicated wFi'le in public are often unable to care for their
own safety, are particularly accident-prone, and can endanger others; and
WHEREAS, public intoxication harms the general welfare and endangers the
health and safety of both the intoxicated person and the general public; and
WHEREAS, Business and Professions Code Section 25620 specifically
authorizes cities and counties to adopt laws that prohibit persons from carrying open
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alcoholic containers in parks, recreational spaces and other city and county owned
public places; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 4.08.200 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.08.200 Drinking upon public property.
~No person shall drink any ,
,,.o +h.,r, .. ~ h.,ia ..f „r,o e~ornon+ nirr~hnl by ,,,,~,,.~.aalcoholic beverage upon or
within any public property, including but not limited to: ~ubi{c-streets, alleyways,
sidewalks, ar-parkways, er-is-any-public buildings, .public lavatoriesy, auto
parking facilities, {~IiEparks, and beaches,
~_;
tb) No person shall possess any can, bottle, or other receptacle containing
any alcoholic beverage that has been opened, or a seal broken or the contents
of which have been partially removed within any public park or beach.
~~r~~~~'d-that-tThis Section shall not apply to_
any person on public property occupied
EFnderpursuant to a lease, permit or license from the City when such lease,
permit or license permits the sale and consumption of such beverages~-
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(2) any person in possession of an alcoholic beverage container
for the purpose of recVCling the container or other related activity.
(d) 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 one hundred dollars. Each such person shall be
guilty of a separate offense for each and every commission of any
violation of any provision of this Sectian and shall be punished
accordingly. I Inlc,co ++,o ., n~+'n n{{'nnr hoe. r n +n horn, n +h n+ +hn
n h-+ {-+ilnr! +n n n hi nr her nrnn r 'rlon+' , rin nrroc.+erl for
1 +' { }h' C +' h II h I rl rl '+h C +'
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Section 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
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Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
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APPROVED AS TO FORM: