Sorta like a rerun, the San Diego City Council on Tuesday voted 5-2 to make official a law they passed on Nov. 5 that would ban drinking of alcohol on all city beaches. The law will go into effect Jan. 1.
Even though this was a second reading of the ordinance the City Council passed on Nov. 5, about 75 people showed up to talk about it again. There wasn’t time to accommodate everyone who filed a speaker’s slip because of a large agenda of other matters, so Council President Scott Peters allowed 15 minutes per side.
There were actually more opponents who got to speak than people in favor because those in favor gave their time to three people. It didn’t change the council’s voting pattern.
District 2 Councilman Kevin Faulconer made the motion to ban alcohol on all city beaches for one year and was seconded by Councilwoman Donna Frye. Also voting in favor of it were Councilmembers Toni Atkins, Benjamin Hueso and Peters.
Voting against it again were Councilmen Jim Madaffer and Tony Young. Councilman Brian Maienschein did not vote after a deputy city attorney said Maienschein had missed too much of the testimony Tuesday and on Nov. 5.
Madaffer asked city staff a number of questions about the law, such as how it affects Mission Bay Park. He was told the current law bans drinking alcohol in that park for 16 hours from 8 p.m. to noon. The new ordinance would ban it 24 hours.
“This is much more than a beach booze ban. This goes to parks,” said Madaffer. “I think it’s a mistake.”
The only circumstance under which alcohol can be served on a beach is if a special event permit is granted, such as for a beach wedding, according to city staff.
At the Nov. 5 hearing, there was a compromise with Hueso, allowing the measure to pass after Hueso said he favored an alcohol ban only if it lasted one year. On Tuesday, Hueso said “This year will allow us to access the situation.”
If the council wants to extend the ban, it would have to vote again in one year to renew it.
But Young said it would be difficult to prove that crime has lowered even after one year.
Several speakers said the ban may be put on a ballot in 2008, but others said that would be a waste of time since the law is only in effect for one year. One speaker questioned the strategy of having it on the ballot in November 2008 when the ban would only have two more months of enforcement.
The city will have to post signs at all beaches and coastal parks notifying people of the law. Police Chief William Lansdowne said earlier that violators will receive a citation and won’t be arrested unless they commit another crime.
Robert Engle reminded the council Tuesday that voters defeated two previous bans. He said the way the ban was going into effect was “sidestepping the democratic process.”
Those who spoke in favor of the ban thanked the council for hearing the issue.