O2352Council Meeting: 04-12-2011
Santa Monica, California
ORDINANCE NUMBER 2352 (CCS)
(City Council Series)
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 aicoholic 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 while 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
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.
(a) No person shall drink any alcoholic beverage upon or within any public
property, including but not limited to: streets, alleyways, sidewalks, parkways,
public buildings, public lavatories, parking facilities, parks, and beaches.
(b) 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.
(c) This Section shall not apply to:
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(1) any person on public property occupied pursuant to a lease,
permit or license from the City when such lease, permit or license permits
the sale and consumption of such beverages;
(2) any person in possession of an alcoholic beverage container
for the purpose of recycling 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 Section and shall be punished
accordingly.
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,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
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.
APPROVED AS TO FORM:
i l ~' ~~~
MA SHA J ES MO -RIE
City torne
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Approved and adopted this 12th day of April, 2 11.
Ri rd Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2352 (CCS) had its introduction on March 22, 2011,
and was adopted at the Santa Monica City Council meeting held on April 12,
2011, by the following vote:
Ayes: Council members: Holbrook, O'Connor, O'Day, Shriver
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: McKeown
A summary of Ordinance No. 2352 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, ity Clerk