HomeMy WebLinkAboutResolution 2013-32 - Double Civil Fines for Alcohol RelatedDept. ID CA 13-008 Page 1 of 1
Meeting Date: 7/15/2013
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CITY OF HUNTINGTOM BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/15/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Adopt Resolution No. 2013-32 to Double Civil Fines for Alcohol Related
Violations of the Huntington Beach Municipal Code on Various Events and
Holidays by Revising the Fee Schedule
Statement of Issue: City Council directed that the resolution be prepared.
Financial Impact: N/A
Recommended Action:
Adopt Resolution No. 2013-32, "A Resolution of the City Council of the City of Huntington Beach
Amending Resolution 2009-34 to Double Civil Fines for Alcohol Related Violations of the
Huntington Beach Municipal Code on Various Event(s) and Holidays by Revising the Fee
Schedule."
Alternative Action(s): N/A
Environmental Status: N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Resolution No. 2013-32, "Adopt Resolution No. 2013-32, "A Resolution of the City Council of
the City of Huntington Beach Amending Resolution 2009-34 to Double Civil Fines for Alcohol
Related Violations of the Huntington Beach Municipal Code on Various Event(s) and
Holidays by Revising the Fee Schedule."
Item 16. - 1 xB -248-
RESOLUTION NO. 2013-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING RESOLUTION 2009-34 TO DOUBLE CIVIL FINES FOR ALCOHOL
RELATED VIOLATIONS OF THE HUNTINGTON BEACH MUNICIPAL CODE
ON VARIOUS EVENT(S) & HOLIDAYS BY REVISING THE FEE SCHEDULE
WHEREAS, Chapter 1.18 of the Huntington Beach Municipal Code provides that City Council
by resolution sets the civil fines, interest and penalties to persons who are issued Administrative
Citations. The civil fine amounts for specific violations of the Municipal Code were most recently
increased in 2009 via Resolution 2009-34; and
There are documented increases in alcohol related problems in the City on New Year's Eve
(December 31), St. Patrick's Day (March 17), Cinco de Mayo (May 5), Fourth of July (July 4),
Halloween (October 31) holidays, and the US Open of Surfing Event; and
The City Council has considered this matter and has determined that the health, safety and
welfare of the residents of Huntington Beach will be better protected by doubling the fines for code
violations involving alcohol on the above event and holidays.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach
as follows:
1. The civil fines for violations of the Municipal Code pursuant to Chapter 1.18 shall be
those as specified in Schedule 1, attached hereto and incorporated herein.
2. All interest and penalties and implementing provisions remain subject to the provisions
of said Chapter 1.18 and implementing resolution and shall remain in force until changed by a new
resolution of the City Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 15 th day of July , 2013.
REVIE APPROVED:
City 04nzVej
ED AND APPROVED AS T F RM:
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13-3836/99157
Resolution No. 2013-32
SCHEDULE 1
FINES, INTEREST, AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
1. Fines for violation of the Huntington Beach Municipal Code sections listed below on the
following dates New Years Eve (December 31), St. Patrick's Day (March 17), Cinco de Mayo
(May 5), Fourth of July (July 4), and Halloween (October 31), and the US Open of Surfing
(from midnight on the date the event is open to the public until midnight on the date the event is
terminated) shall be:
CODE
SECTION
Violation of HBMC
13.08.090, 13.48.110,
9.44.010
Fine Amount
For First
Violation
$250.00
Fine Amount
For Second
Violation
$500.00
Fine Amount
For Third
Violation
$1,000.00
13-3836/99157
Res. No. 2013-32
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk.of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on July 15, 2013 by the following vote:
AYES: Sullivan, Boardman, Carchio, Shaw, Katapodis
NOES: Harper
ABSENT: Hardy
ABSTAIN: None
z
City erk and ex-officio CI ' k of the
City Council of the City of
Huntington Beach, California
7
CITY OF HUNTINGTO ACH
A
_ City Council Interoffice Comma ` ation
To: Honorable Mayor and Ci Council embers
From: Joe Carchio, City C n it r
Date: June 25, 2013
Subject: CITY COUNCIL ITE FOR THE ULY 1, 2013 CITY COUNCIL
MEETING - PROPO E INCRE SING FINES FOR ALCOHOL
RELATED MUNICIP L CODE IOLATIONS ON MAJOR
HOLIDAYS
STATEMENT OF ISSUE:
Maintaining a safe and enjoyable atmosphere during holidays and specific events is a
priority for the City of Huntington Beach. Certain holidays and specific events are
impacted with public consumption of alcohol and related disturbances. Possession of
alcoholic beverages on public beaches and in parks is currently prohibited by. the
Municipal Code. In addition, consumption of alcohol in public places such as beaches,
parks, streets, and sidewalks is prohibited. Increasing the fines for such violations
would be an effective tool in helping to stop these violations.
RECOMMENDED ACTION:
Direct the City Attorney to draft a resolution doubling the fines for alcohol -related
violations of the Municipal Code on New Year's Eve, St. Patrick's Day, Cinco de Mayo,
Fourth of July, and Halloween. Also, doubling the fines for alcohol -related violations of
the Municipal Code on the beach during the specific event approved dates of the US
Open of Surfing.'
xc: Fred Wilson, City Manager
Bob Hall, Deputy City Manager
Joan Flynn, City Clerk
Jennifer McGrath, City Attorney
Ken Small, Police Chief