pages: CityCouncil/2011-11-15.pdf, 7
This data as json
body | date | page | text | path |
---|---|---|---|---|
CityCouncil | 2011-11-15 | 7 | apartment owners; staff should seek permission or authorization [to reference the form] if possible; that he would like to make said amendment to the ordinance. The Acting City Attorney stated that she does not see a problem with referencing the form. Mayor Gilmore stated that she is concerned with the ordinance going into effect during the holidays; she would be in favor of the first of the year. In response to Vice Mayor Bonta's inquiry, the City Manager stated there are many examples of federal statues that provide for statutory damages because showing how the damage applies to a particular individual is difficult; the concept of the private attorney general is often included in consumer and other environmental type statues and regulations when there is an acknowledgement that the government agency may not have the resources available to do the enforcement at legislature's desired level; the ordinance would be a low priority enforcement given all of the other issues on the table for the Police Department; applying a private attorney general method would encourage enforcement of the law; further stated showing personal damage is not necessary for some tortes. The Acting City Attorney summarizes the suggested amendments: removing the clause: "WHEREAS, California law declares that anything which is injurious to health or obstructs the free use of property, as to interfere with comfortable enjoyment of life or property, is a nuisance" would be replaced with: "WHEREAS, Alameda Municipal Code Section 1- - 5.43(a) provides that any condition existing in violation of this Code is deemed a public nuisance"; the last sentence of Section 24-11.1(v) [Smoking also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Section] would be removed; Section 24.12.2 [For the purpose within the City, nonconsensual exposure to secondhand smoke occurring on or drifting into any multi-unit residence is a nuisance] would be removed; Section 24-12.8(g) [Any violation of this Section 24-12 is hereby declared to be a nuisance] would be struck; a provision would be added regarding the California Apartment Association Form 34, which would read the same as the City of Richmond; and the enforcement date would be changed to January 2, 2012. Vice Mayor Bonta stated electronic cigarettes, bar patios, and beaches would be brought back for further discussion; inquired whether electronic cigarettes and bar patio smoking would not be prohibited now, to which the Acting City Attorney responded in the affirmative. Councilmember Johnson suggested beaches be included in the ordinance; beaches could be removed if it becomes clear that the City does not have jurisdiction. The Acting City Attorney stated staff took a precursory look into the matter and does not see anything that would prevent enforcement [at beaches]; the matter could be Regular Meeting Alameda City Council 7 November 15, 2011 | CityCouncil/2011-11-15.pdf |