PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: August 6, 2024
TITLE:
Adoption (Second Reading) of an Ordinance Effecting a Code Enforcement Penalty Update
RECOMMENDATION:
Adopt an Ordinance amending Chapter 9.04 and Chapter 12.20 relating to penalties for certain municipal code violations.
DISCUSSION:
On July 16, 2024, the City Council introduced the subject ordinance (Attachment 1) without modification, and it is now being returned for adoption.
The staff report for the July 16, 2024 agenda item, which includes background and analysis, is provided as Attachment 2.
Conclusion and Recommendation
Staff recommends that the Council adopt an Ordinance (Attachment 1) amending Chapters 9.04 and 12.20 to change the penalties for certain code enforcement violations.
If the Council acts to adopt the Ordinance as recommended, it will become effective by statute 30 days thereafter.
FISCAL IMPACT:
The fiscal impact of introducing the attached Ordinance is expected to be minimal. There will be potential cost savings of direct-filing of code enforcement citations with the court rather than having the City Attorney’s office filing the citations, in an amount to be determined.
ATTACHMENTS:
1.Ordinance as introduced
2.July 16, 2024 staff report (with ordinance attachment) Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 8-6-2024 9.C-1
ORDINANCE NO. O-2024-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 9.04 AND CHAPTER 12.20 OF THE CITY OF
PISMO BEACH MUNICIPAL CODE, RELATING TO PENALTIES FOR CERTAIN
CODE VIOLATIONS
WHEREAS, Article XI, Section 7 of the California Constitution provides that “[a] city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws”;
WHEREAS, the City has previously enacted regulations on various activities with the City to ensure the protection of public health, safety and welfare; and WHEREAS, the City periodically reviews its code enforcement policies and procedures to ensure effective administration of the City’s constitutional police power regulations.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
A new subsection D. is hereby added to Pismo Beach Municipal Code Section 9.04.020, Possession of alcoholic beverages unlawful when, to read as follows:
D.A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20.
SECTION 3.
Pismo Beach Municipal Code Section 9.04.040 Violation—Penalty is hereby amended to read in its entirety as follows:
No person shall violate any provisions or fail to comply with any of the requirements of this chapter. Except as otherwise provided in Section 9.04.020, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not exceeding six (6) months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and Council Agenda 8-6-2024 9.C-2
Attachment 1
every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable accordingly.
SECTION 4.
Pismo Beach Municipal Code Section 12.20.185(D) is hereby amended to read as follows:
D.Commercial Use of Pier Zone Prohibited. To ensure adequate and safe movement for pedestrians within the pier zone, except as permitted by written lease agreement with the city of Pismo Beach or by special events permit pursuant to Chapter 12.16 of this title, it is unlawful for any person or organization to sell, offer for sale, rent, offer for rent, or offer in exchange for a donation or other forms of compensation, goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property, performances or services in the pier zone.
SECTION 5.
The title of Pismo Beach Municipal Code Section 12.20.210 is hereby amended to read Pier Zone—Hours of closure, and the section is hereby amended to read in its entirety as follows:
Except as provided in Section 12.20.230, it is unlawful for any person between the hours of eleven p.m. one day and four a.m. the next day to be upon or within the pier zone. As used in this section, “pier zone” shall have the same meaning as in Section 12.20.185. A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20.
SECTION 6.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 7.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or Council Agenda 8-6-2024 9.C-3
Attachment 1
clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 8.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 9.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 16th day of July, 2024, on motion of Council Member Newton, seconded by Council Member Guthrie, and on the following roll call vote, to wit:
AYES: 4 Newton, Guthrie, Inman, Waage
NOES: 0
ABSENT: 1 Reiss
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this 6th day of August, 2024, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 8-6-2024 9.C-4
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Council Agenda 8-6-2024 9.C-5
Attachment 1
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: July 16, 2024
TITLE:
Introduction (First Reading) of an Ordinance Effecting a Code Enforcement Penalty Update
RECOMMENDATION:
Introduce an Ordinance amending Chapter 9.04 and Chapter 12.20 relating to penalties for certain municipal code violations.
DISCUSSION:
Under Article XI, Section 7 of the California Constitution, the City has the power to make and enforce various ordinances and regulations to ensure the protection of public health, safety and welfare. Among such regulations are the City’s prohibition on open containers of alcohol, restrictions on commercial activities in the Pier Zone, and nighttime closures of the Pier Parking Lot and Pier.
Currently, the Municipal Code provides that violations of the open container and Pier area closure ordinances are a misdemeanor. The consequences of a misdemeanor conviction can be significant, with fines of up to $1,000 and/or a prison term of up to a year. In addition, a person charged with a misdemeanor violation is entitled to a jury trial and if unable to pay for an attorney, the appointment of an attorney by the court.
In the past year, in an effort to streamline the City’s code enforcement process, the City Attorney’s office has been filing these violations as infractions, which is permitted under Pismo Beach Municipal Code Section 1.20.010(F). This reduces the number of instances where the City Attorney’s office is required to appear in court, and it reduces the potential penalty for the violation to a $100 fine for a first offense. The court adds significant additional charges to such citations, though, which means an infraction violation of the City’s open container and Pier Lot closure ordinances still can cost as much as $485 in total.
Nonetheless, because the Municipal Code currently provides that violations of these ordinances are a misdemeanor, the Police Officers who issue the citations cannot directly file the citations with the court as infractions, like they can do with other infraction citations.
Only the City Attorney’s office can reduce the penalty in this manner. The proposed ordinance would reduce the penalty for these violations to an infraction, which would permit direct-filing of the citations, and the City Attorney’s office would not need to be involved in the case. Given the considerable number of citations the Police Department issues for these two specific violations, staff recommends that the City Council change the penalty for these violations from a misdemeanor to an infraction.
Furthermore, to ensure adequate and safe passage for pedestrians in the Pier Zone, the ordinance restricting commercial activities in the Pier Zone has been modified to add Council Agenda 7-16-2024 12.B-1
July 16, 2024 Staff Report - Introduction
Attachment 2
Council Agenda 8-6-2024 9.C-6
additional types of commercial conduct that have been observed. The Pier Zone is a specifically defined area that encompasses the following:
(1) on the west, the mean high tide line of the Pacific Ocean, (2) on the north, a line extending along the northern edge of Pomeroy Avenue past its ocean-side terminus to the mean high tide line, (3) on the south, a line extending along the southern side of Hinds Avenue, past its ocean-side terminus to the mean high tide line, and (4) on the east, the easternmost line of the city pier parking lot.
The pier zone also includes the entirety of the city pier and the length of the boardwalk extending from the city pier.
This area is subject to extreme congestion during many months of the year, and commercial vendors and others seeking financial compensation from passers-by can inhibit the safe passage of pedestrians on and around the Pier, as well as emergency response to incidents within the area.
Conclusion and Recommendation
Staff recommends that the Council introduce an Ordinance (Attachment 1) amending Chapters 9.04 and 12.20 to change the penalties for certain code enforcement violations.
If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
The fiscal impact of introducing the attached Ordinance is expected to be minimal. There will be potential cost savings of direct-filing of code enforcement citations with the court rather than having the City Attorney’s office filing the citations, in an amount to be determined.
ATTACHMENTS:
1. Ordinance O-2024-XXX
Submitted by: Dave Fleishman, City Attorney
City Manager Approval:
Council Agenda 7-16-2024 12.B-2
July 16, 2024 Staff Report - Introduction
Attachment 2
Council Agenda 8-6-2024 9.C-7
ORDINANCE NO. O-2024-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 9.04 AND CHAPTER 12.20 OF THE CITY OF
PISMO BEACH MUNICIPAL CODE, RELATING TO PENALTIES FOR CERTAIN
CODE VIOLATIONS
WHEREAS, Article XI, Section 7 of the California Constitution provides that “[a] city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws”;
WHEREAS, the City has previously enacted regulations on various activities with the City to ensure the protection of public health, safety and welfare; and WHEREAS, the City periodically reviews its code enforcement policies and procedures to ensure effective administration of the City’s constitutional police power regulations.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
A new subsection D. is hereby added to Pismo Beach Municipal Code Section 9.04.020, Possession of alcoholic beverages unlawful when, to read as follows:
D. A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20.
SECTION 3.
Pismo Beach Municipal Code Section 9.04.040 Violation—Penalty is hereby amended to read in its entirety as follows:
No person shall violate any provisions or fail to comply with any of the requirements of this chapter. Except as otherwise provided in Section 9.04.020, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not exceeding six (6) months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and Council Agenda 7-16-2024 12.B-3
Attachment 1
July 16, 2024 Staff Report - Introduction
Attachment 2
Council Agenda 8-6-2024 9.C-8
every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable accordingly.
SECTION 4.
Pismo Beach Municipal Code Section 12.20.185(D) is hereby amended to read as follows:
D. Commercial Use of Pier Zone Prohibited. To ensure adequate and safe movement for pedestrians within the pier zone, except as permitted by written lease agreement with the city of Pismo Beach or by special events permit pursuant to Chapter 12.16 of this title, it is unlawful for any person or organization to sell, offer for sale, rent, offer for rent, or offer in exchange for a donation or other forms of compensation, goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property, performances or services in the pier zone.
SECTION 5.
The title of Pismo Beach Municipal Code Section 12.20.210 is hereby amended to read Pier Zone—Hours of closure, and the section is hereby amended to read in its entirety as follows:
Except as provided in Section 12.20.230, it is unlawful for any person between the hours of eleven p.m. one day and four a.m. the next day to be upon or within the pier zone. As used in this section, “pier zone” shall have the same meaning as in Section 12.20.185. A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20.
SECTION 6.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 7.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or Council Agenda 7-16-2024 12.B-4
Attachment 1
July 16, 2024 Staff Report - Introduction
Attachment 2
Council Agenda 8-6-2024 9.C-9
clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 8.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 9.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 16th day of July, 2024, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2024, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 7-16-2024 12.B-5
Attachment 1
July 16, 2024 Staff Report - Introduction
Attachment 2
Council Agenda 8-6-2024 9.C-10
Approved:Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Council Agenda 7-16-2024 12.B-6
Attachment 1
July 16, 2024 Staff Report - Introduction
Attachment 2
Council Agenda 8-6-2024 9.C-11