HomeMy WebLinkAboutORD NO. 14-1348 (HOLIDAY SAFETY ENHANCEMENT)1
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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:
A. 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;
B. This conduct negatively effects the public health, safety, and well-being of
residents of the City; and
C. 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.
A. 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.
B. Geographical boundaries. The City Council designates as the Holiday
Enhancement Zone the area bounded on the north by the City of Manhattan Beach, on the south
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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.
C. 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:
1. 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.
2. 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.
D. 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:
a. Numbers 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.
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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(1) 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 and C of Title 12, Chapter 12.20 of
the Hermosa Beach Municipal Code is amended as follows:
12.20.040 Alcoholic Beverages — Violation — Penalty.
A. No person shall consume or drink any alcoholic beverage while on the beach or
The Strand.
B. 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.
C. 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.
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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.
A. It is unlawful for any person to consume or drink any alcoholic beverage while on
any part of the municipal pier.
B. 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.
C. 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: Barragan
ABSENT: None
ABSTAIN: None
PRESIDENT of the City Council and MAYORlof the City of Hermosa Beach, California
ATTEST:
City Clerk
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ASP O ED S T = FORM:
City Attorney 'y
[EBRIP
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 14-1348 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 25th day of November, 2014,
and said Ordinance will be published in the Easy Reader newspaper.
The vote was as follows:
AYES: DiVirgilio, Fangary, Petty, Mayor Tucker
NOES: Barragan
ABSENT: None
ABSTAIN: None
DATED: November 26, 2014
City Clerk