CC SR 20190716 06 - Drinking Smoking Ordinances01203.0001/541093.4
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/16/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce an ordinance and waive first reading
banning the possession and consumption of alcohol in City facilities, and the
consumption of alcohol in public places; and revise an ordinance to eliminate the
current language allowing smoking in designated areas in City facilities and expand the
City’s prohibition on smoking to in or within 20 feet of City facilities.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No.____, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ADDING SECTION 12.16.160
(POSSESSION AND CONSUMPTION OF ALCOHOL PROHIBITED) TO
CHAPTER 12.16 (STREETS, PARKS, AND RECREATIONAL FACILITIES)
OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE
MUNICIPAL CODE, TO PROHIBIT OPEN CONTAINERS AND
CONSUMPTION OF ALCOHOL IN ALL CITY FACILITIES
(2) Introduce Ordinance No.____, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 8.28.020
(SMOKING PROHIBITED) OF CHAPTER 8.28 (SMOKING IN
RESTAURANTS, BARS AND CITY FACILITIES) OF TITLE 8 (HEALTH AND
SAFETY) OF THE MUNICIPAL CODE, TO PROHIBIT SMOKING IN OR
WITHIN 20 FEET OF ALL CITY FACILITIES
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Matt Waters, Senior Administrative Analyst, Recreation and Parks
REVIEWED BY: Cory Linder, Director of Recreation and Parks
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS
A. Proposed ordinance banning alcohol in public places (page A-1)
B. Proposed revision of Ordinance No. 425 on smoking (page B-1)
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BACKGROUND AND DISCUSSION:
Alcohol Ordinance
At the March 7, 2017 City Council Meeting, the City Council directed Staff to look at
possible changes to the City’s Municipal Code regarding a number of issues , including
restrictions on open containers of alcohol in City parks and open space areas.
Staff made a presentation to the City Council at its May 1, 2018 meeting , which noted
that there is currently no City ordinance restricting or prohibiting the possession of open
containers of alcohol in City parks, beaches, and open space areas. The City Council
directed Staff to return with an ordinance addressing alcohol in public areas as well as a
revised smoking ordinance.
Staff has prepared the draft language of a potential ordinance for City Council review
that prohibits the possession of open containers of alcohol within City facilities, which
includes all City parks, beaches, and open space areas, including all City buildings and
the Palos Verdes Nature Preserve (Preserve). This ordinance would also prohibit the
possession of open containers of alcohol in City facilities (Attachment A).
Article 20 Section 22 of the California Constitution provides that “[t]he State of California
… shall have the exclusive right and power to license and regulate the manufacture,
sale, purchase, possession and transportation of alcoholic beverages within the State.”
Section 25620 of the Business and Professions Code provides that “[a]ny person
possessing 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, in any city … owned park or other city … owned public place, or any
recreation and park district, or any regional park or open -space district shall be guilty of
an infraction if the city … has enacted an ordinance that prohibits the possession of
those containers in those areas or the consumption of alcoholic beverages in those
areas.”
Neither the Business and Professions Code nor the Municipal Code define “public
place,” but it is reasonable to assume that it includes property owned or controlled by
the City that is open to the public.
The California Constitution leaves regulation of po ssession of alcohol to the State, but
does not restrict the ability of local government to regulate consumption. As noted
above, Section 25620 of the Business and Professions Code has carved out authority
for cities to regulate the possession of open containers in public places. Therefore, an
ordinance that is not preempted by the California Constitution can only regulate the
possession of open containers and consumption of alcohol in public places.
The potential draft ordinance includes an exception to the prohibition on alcohol
possession and consumption under which the section shall not apply where the
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possession or consumption is within the premises for which a permit has been issued
by the City Manager. The City Council could authorize the City Manager to issue
permits allowing the possession of open containers and consumption of alcohol. Typical
examples would include indoor rentals at park sites and special events, such as the
annual Fourth of July and Whale of a Day celebrations.
The great majority of cities within Los Angeles County have adopted prohibitions on the
possession of open containers of alcohol in city parks, open space areas, or public
right-of-ways. The family nature of park sites and open space areas is seen as not
compatible with open containers by cities throughout Los Angeles County. While many
people might drink responsibly, allowing for limited use would require Staff and law
enforcement personnel to make judgement calls about the relative intoxication of an
individual. A complete ban on open containers of alcohol products eliminates the need
for such judgement calls and also reduces the possibility of drunk driving and public
intoxication. This prohibition could also result in a reduction of litter and broke n glass in
parks, open space areas and beaches.
Violations of this section would be punishable pursuant to Chapters 1.08 (General
Penalty) and 1.16 (Administrative Penalties) of the City’s Municipal Code. Violations of
the provisions prohibiting possession of open containers of alcohol may be charged as
infractions only and violators would be subject to a fine ranging from $100 for a first
violation, $500 for a second violation within one year, to $1000 for each additional
violation within one year of the first violation.
Staff reached out to the Lomita sheriff’s station concerning law enforcement’s
perspective on open containers of alcohol. The Sheriff’s Department said it would not
oppose an ordinance prohibiting drinking in public and/or possession of an open
container, should the City Council wish to enact a ban. Such an ordinance would be
another tool deputies could use for problem-specific enforcement, although they do not
receive many calls for service for such activity. The ordinances are not widely utilized as
an enforcement tool. It would be difficult to gauge whether the creation of an ordinance
would deter such activity, as most people are under the impression that it is unlawful to
drink in public areas that are not licensed to serve alcohol. This is often evidenced by
individuals attempting to conceal alcohol upon seeing approaching deputies. Typically,
when calls are received and deputies encounter individuals who are too intoxicated to
care for themselves, they are taken into custody for being drunk in public.
The Sheriff’s Department stated that most cities do have prohibitions against public
consumption or possession of open containers. Palos Verdes Estates does not have an
ordinance. Rolling Hills Estates has prohibitions only for city parks. Lomita, Torrance,
the City of Los Angeles and the County of Los Angeles have ordinances prohibiting
consumption of alcohol and possession of open containers on public streets, city- or
county-owned property and parks.
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It was also noted there were no citations for violations of the open container ordinances
issued in Lomita and Rolling Hills Estates during Fiscal Year 2016-17. The Torrance
Police Department issued only one citation during the same period.
Asked about how this proposed ban might affect local residents having a quiet glass of
wine while enjoying a sunset at a park setting, such as the Point Vicente Interpretive
Center, the Sheriff’s Department noted that the ban would make such activities illegal.
Smoking Ordinance
Currently, smoking is not permitted within City facilities except in designated smoking
areas pursuant to Section 8.28.020 (Smoking prohibited) of the City’s Municipal Code .
The “designated smoking area” exception in City Facilities is essentially meaningless
because there are no such designated areas in any City structure, park, beach,
recreation or open space area. The revised ordinance would remove the “designated
smoking area” language and expand the City’s prohibition on smoking to in or within 20
feet of every City facility.
“Smoking” is defined in Section 8.28.010 (Definitions) of the City’s Municipal Code as
“the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other
lighted tobacco or other weed-smoking equipment, or the lighting thereof, or emitting or
exhaling the smoke of a pipe, cigar or cigarette of any kind.” “City Facility” is defined in
Section 8.28.010 (Definitions) of the City’s Municipal Code as “any structure, lot or
parcel that is owned, leased or operated by the City of Rancho Palos Verdes, including
without limitation, any park, beach, recreation or open space area” (emphasis
added). Additionally, Section 8.28.060 (Penalties) states that any person smoking in a
prohibited area is in violation of the law and is subject to prosecution either as a
misdemeanor or an infraction at the discretion of the City Attorney. Smoking regulations
are not preempted by state law or the California Constitution, and fall within the police
powers of the City. The City Attorney has opined that the current language is broad
enough to cover the use of e-cigarettes and vapor-producing tobacco products.
There are a number of reasons for the ordinance prohibiting smoking. The hazards of
second-hand smoke are well established. Smoking and the discarding of cigarettes
pose a significant risk of fire, particularly in open space areas. The Public Use Master
Plan, adopted by the City Council, identifies smoking as a prohibited activity in the
Preserve, due to the hazard to human safety, private property and the potential for
adverse biological impacts. Similar broad prohibitions on smoking in public parks and
public properties are common-place in California cities. Furthermore, Government Code
section 7597 prohibits smoking inside a public building or within 20 feet of a main exit,
entrance, or operable window of a public building. Given the inclusive nature of the
Municipal Code’s current prohibition of smoking, staff is recommending that the
“designated smoking area” language be eliminated and that the City’s prohibition on
smoking be expanded to in or within 20 feet of every City facility.
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ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff not to proceed with the Ordinance prohibiting open containers of
alcohol in all City facilities, which includes parks, beaches and open space areas;
and consumption of alcohol in public places
2. Direct Staff to revise the Ordinance to prohibit open containers of alcohol only in
specific areas, such as City beaches or the Nature Preserve, rather than a
comprehensive prohibition
3. Maintain the current language regarding permitting smoking in designated areas
4. Take other action as deemed appropriate by the City Council
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADDING SECTION 12.16.160 (POSSESSION AND
CONSUMPTION OF ALCOHOL PROHIBITED) TO CHAPTER 12.16
(STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE 12
(STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE MUNICIPAL
CODE, TO PROHIBIT OPEN CONTAINERS AND CONSUMPTION OF
ALCOHOL IN ALL CITY FACILITIES
WHEREAS, the City of Rancho Palos Verdes (“City”), pursua nt to its police
powers under Article XI, section 7 of the California Constitution, has the authority to
make and enforce ordinances to regulate the use of the City’s streets, parks and public
places, to the extent such regulations are not in conflict with the general laws of the
State of California.
WHEREAS, the California Constitution provides that the State of California shall
have the exclusive right to regulate the possession of alcohol, but does not restrict the
ability of local government to regulate the consumption of alcohol.
WHEREAS, Section 25620 of the Business and Professions Code provides
authority for local governments to regulate the possession of open containers of alcohol
in public places through the enactment of ordinances.
WHEREAS, the City has enacted laws within Municipal Code Chapter 12.16
(Streets, Parks and Recreational Facilities) regarding permissible and impermissible
activities in City streets, parks and recreational facilities.
WHEREAS, on March 7, 2017, the City Council directed staff to research current
City regulations regarding the possession and consumption of alcohol in City facilities
including parks, beaches, and open space areas.
WHEREAS, on May 1, 2018, City staff made a presentation to the City Council,
which noted that there is currently no City ordinance restricting or prohibiting the
possession of open containers of alcohol in City parks, beaches, and open space areas
and the City Council directed staff to return with an ordinance addressing possession
and consumption of alcohol in public areas.
WHEREAS, the possession or consumption of alcohol in City facilities, including
parks, beaches or open space areas, without a permit, is not compatible with typical
usage at those locations.
WHEREAS, the consumption of alcohol upon any public street, sidewalk, alley, or
other public place, without a permit, is not compatible with typical usage at those
locations.
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Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals in this Ordinance are true and
correct, and incorporated by reference.
Section 2. Section 12.16.160 (Possession and Consumption of Alcohol
Prohibited) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets,
Sidewalks and Public Places) is hereby added as follows:
“Section 12.16.160 – Possession and Consumption of Alcohol Prohibited.
A. No person shall consume any alcoholic beverage at any time in any City facility.
This section shall not apply where the consumption is within the premises for
which a permit has been issued by the City Manager.
B. No person shall consume any alcoholic beverage upon any public street,
sidewalk, alley, or in any public place, place open to the public, public building,
public restroom, or public parking structure or lot, except where permitted by
license from the State or pursuant to a temporary permit issued by the City. The
provisions of this section shall apply to any person whether on foot, in a vehicle,
or otherwise.
C. No person shall possess 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, at any time in any City facility. This section
shall not apply where the possession is within the premises for which a permit
has been issued by the City Manager.
D. Violations of this section shall be punishable pursuant to Chapters 1.08 and 1.16
of this Code. Violations of Subsection (C) may only be charged as infractions.
E. For the purposes of this section, the following definitions apply:
“Alcoholic beverage” means and includes alcohol, spirits, liquor, wine, beer, and
every liquid or solid containing alcohol, spirits, wine, or beer, and which contains
one-half (1/2) of one percent (1%) or more of alcohol by volume and which is fit
for beverage purposes either alone or when diluted, mixed, or combined with
other substances.
“City facility” shall mean any structure, lot or parcel that is owned, leased or
operated by the City of Rancho Palos Verdes, including, without limitation, any
park, trail, beach, recreation or open space area.”
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Page 3 of 4
Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 4. Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in three (3) public places in the City within fifteen (15) days after its
passage, in accordance with the provisions of Section 36933 of the Government Code.
The City Clerk shall further certify to the adoption and posting of this Ordinance, and
shall cause this Ordinance and its certification, together with proof of posting, to be
entered in the Book of Ordinances of the Council of this City.
Section 5. This Ordinance shall go into effect and be in full force and effect at
12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED and ADOPTED this ___ day of ________________ 2019.
Jerry V. Duhovic, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
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01203.0001/541094.5 Ordinance No.
Page 4 of 4
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. ___ was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on _______________, 2019, and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Emily Colborn, City Clerk
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01203.0001/541096.4 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING SECTION 8.28.020
(SMOKING PROHIBITED) OF CHAPTER 8.28 (SMOKING IN
RESTAURANTS, BARS AND CITY FACILITIES) OF TITLE 8
(HEALTH AND SAFETY) OF THE MUNICIPAL CODE, TO
PROHIBIT SMOKING IN OR WITHIN TWENTY FEET OF ALL
CITY FACILITIES
WHEREAS, the City of Rancho Palos Verdes (“City”), pursuant to its police power
under Article XI, section 7 of the California Constitution, has the authority to make and
enforce ordinances to regulate the use of the City’s facilities and public spaces, to the
extent such regulations are not in conflict with the general laws of the State of California.
WHEREAS, since 1992, the United States Environmental Protection Agency
(“EPA”) has found secondhand smoke to be a risk to public health, and has classified
secondhand smoke as a Class A carcinogen.
WHEREAS, according to the EPA and the United States Surgeon General
(“Surgeon General”), there is no safe level of exposure to secondhand smoke.
WHEREAS, several reliable studies, including a 2006 report by the Surgeon
General entitled “The Health Consequences of Involuntary Exposure to Tobacco Smoke,”
have shown that secondhand smoke is a significant health hazard.
WHEREAS, the California Air Resources Board has determined that secondhand
smoke is a toxic air contaminant, finding that exposure to second-hand smoke has serious
health effects including asthma in children and adults.
WHEREAS, Section 8.28.020 (Smoking Prohibited) of Chapter 8.28 (Smoking in
Restaurants, Bars and City Facilities) of Title 8 (Health and Safety) of the City’s Municipal
Code prohibits smoking in City facilities except in designated smoking areas.
WHEREAS, to protect and promote the public health and safety of the City ’s
residents and visitors, the City Council has determined that it is necessary to eliminate the
“designated smoking area” exception to the prohibition on smoking in City facilities.
WHEREAS, Government Code section 7597 prohibits smoking inside a public
building or within twenty feet of a main exit, entrance, or operable window of a public
building.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals in this Ordinance are true and
correct, and incorporated by reference.
Section 2. Subsection (C) of Section 8.28.020 (Smoking Prohibited) of
Chapter 8.28 (Smoking in Restaurants, Bars and City Facilities) of Title 8 (Health and
Safety) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:
“C. In or within twenty feet of every city facility, except within a
designated smoking area;”
Section 3. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final
action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this ordinance shall
remain in full force and effect.
Section 4. The City Clerk shall cause this Ordinance to be posted in three
(3) public places in the City within fifteen (15) days after its passage, in accordance with
the provisions of Section 36933 of the Government Code. The City Clerk shall further
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and
its certification, together with proof of posting, to be entered in the Book of Ordinances of
the Council of this City.
Section 5. This Ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED and ADOPTED this ___day of __________________,
2019.
Jerry V. Duhovic, Mayor
Attest:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
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01203.0001/541096.4 3
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No.___ was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on _________________, 2019, and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN: __________________________
Emily Colborn, City Clerk
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