City of Hermosa Beach: Ordinance, 12-25-2014

City of Hermosa Beach

ORDINANCE NO. 14-1348

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A HOLIDAY SAFETY ENHANCEMENT ZONE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE TO RECLASSIFY CERTAIN INFRACTIONS THAT OCCUR WITHIN THE HOLIDAY SAFETY ENHANCEMENT ZONE AS MISDEMEANORS AND RECLASSIFYING VIOLATIONS OF ANIMAL, REFUSE COLLECTION, NOISE AND SMOKING REGULATIONS FROM THE ADMINISTRATIVE PENALTY PROGRAM TO CRIMINAL VIOLATIONS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1.  Findings.

The City Council of the City of Hermosa Beach does hereby find and declare as follows:

1. The New Year’s Day, Memorial Day, Independence Day and Labor Day holidays are heavily impacted by large crowds and disorderly conduct that occurs primarily in the area bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by Valley Drive, and on the west by the Pacific Ocean, including the beach and the municipal pier;
2. This conduct negatively effects the public health, safety, and well-being of the residents of the City; and
3. Much of this conduct is attributable to the consumption of alcohol in public.

SECTION 2.  Title 1, Chapter 1.04 of the Hermosa Beach Municipal Code is amended to add a new section 1.04.060 to read as follows:

Holiday Safety Enhancement Zone.

1. Holiday Safety Enhancement Zone.  Notwithstanding any provisions to the contrary, certain violations of this Code designated as infractions in Chapters 9.04, 12.20 and 12.24 are separately designated therein as misdemeanors if they occur within the boundaries of and during the effective dates and times of the Holiday Safety Enhancement Zone.
2. Geographical boundaries.  The City Council designates as the Holiday Safety Enhancement Zone the area bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by Valley Drive, and on the west by the Pacific Ocean, including the beach and the municipal pier.
3. Effective Dates and Times – Independence Day and New Year’s Day holidays.  The Holiday Safety Enhancement Zone shall be in effect on Independence Day and New Year’s Day as follows:

• When the holiday occurs on a Tuesday, Wednesday, or Thursday, the Holiday Safety Enhancement Zone shall be in effect from 8:00 a.m. on the day of the holiday to 6:00 a.m. on the following day.

• When the holiday occurs on a Friday, Saturday, Sunday, or Monday, the Holiday Safety Enhancement Zone shall be in effect from 8:00 a.m. on Friday to 6:00 a.m. on the following Tuesday.

1. Effective Dates and Times – Memorial Day and Labor Day holidays.  The Holiday Safety Enhancement Zone shall be in effect from 8:00 a.m. on the Friday immediately preceding the holiday to 6:00 a.m. on the Tuesday immediately following the holiday.

SECTION 3.   Section 1.10.040 of Title 1, Chapter 1.10 of the Hermosa Beach Municipal Code is amended as follows:

1. Paragraphs 2, 6, 7 and 10 are deleted in their entirety and the remaining paragraphs shall be renumbered accordingly.

SECTION 4.  Section 6.04.110 of Title 6, Chapter 6.04 of the Hermosa Beach Municipal Code is amended to read as follows:

6.04.110 Violations of animal regulations.

Violations of the provisions of this Chapter shall be a misdemeanor enforceable as provided in Chapter 1.04.

SECTION 5.  Section 8.12.350 of Title 8, Chapter 8.12 of the Hermosa Beach Municipal Code is amended to read as follows:

8.12.350 Violations of garbage collection and disposal regulations.

Violations of the provisions of this Chapter shall be a misdemeanor enforceable as provided in Chapter 1.04.

SECTION 6.  Section 8.24.100 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal Code is amended to read as follows:

8.24.100 Violations – Penalty.

Violations of the provisions of this Chapter shall be a misdemeanor enforceable as provided in Chapter 1.04.

SECTION 7.  Section 8.40.050 of Title 8, Chapter 8.40 of the Hermosa Beach Municipal Code is amended to read as follows:

8.40.050 Violations of smoking regulations.

Violations of the provisions of this Chapter shall be a misdemeanor enforceable as provided in Chapter 1.04.

SECTION 8.  Section 9.04.010 of Title 9, Chapter 9.04 of the Hermosa Beach Municipal Code is amended to add the following subsection I:

9.04.010(I) Any person violating any provisions of subsection A shall be deemed guilty of an infraction, except that a violation of subsection A that occurs within the boundaries of and during the effective dates and times of the Holiday Safety Enhancement Zone shall be a misdemeanor pursuant to Section 1.04.60.

SECTION 9.  Section 12.20.040 subsections A and B of Title 12, Chapter 12.20 of the Hermosa Beach Municipal Code is amended as follows:

12.20.040 Alcoholic Beverages – Violation – Penalty.

1. No person shall consume or drink any alcoholic beverage while on the beach or The Strand.
2. No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the beach or The Strand.
3. Violation Defined–Penalties. Any person violating any provisions of this section shall be deemed guilty of an infraction, except that a violation of subsection A that occurs within the boundaries of and during the effective dates and times of the Holiday Safety Enhancement Zone shall be a misdemeanor pursuant to Section 1.04.60.

SECTION 10.  Section 12.24.090 of Title 12, Chapter 12.24 of the Hermosa Beach Municipal Code is amended to re-designate the existing code language as subsection A and to add a new subsection B and C that read as follows:

12.24.090 Consumption of alcoholic beverages prohibited on pier.

1. It is unlawful for any person to consume or drink any alcoholic beverage while on any part of the municipal pier.
2. No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on any part of the municipal pier.
3. Any person violating any provisions of this section shall be deemed guilty of an infraction, except that a violation of subsection A that occurs within the boundaries of and during the effective dates and times of the Holiday Safety Enhancement Zone shall be a misdemeanor pursuant to Section 1.04.60.

SECTION 11.  Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach.

SECTION 12.  The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said City; shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 25th day of November, 2014 by the following vote:

AYES:        DiVirgilio, Fangary, Petty, Mayor Tucker

NOES:        Mayor pro tem Barragan

ABSENT:   None

ABSTAIN: None

Peter Tucker

PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California

ATTEST:

Elaine Doerfling

City Clerk

APPROVED AS TO FORM:

Michael Jenkins

City Attorney

Easy Reader Inc/Redondo Beach News/December 25, 2014/HD14-072