Drunkcinitas still drunk

From the Inbox:

To: City Council Members, City Attorney, City Manager, Code Enforcement Department, Planning Department, Encinitas Sheriff, Fire Marshall, and local Newspapers

From: Encinitas Citizens Committee

Re: Continuing noise problem & safety concern in downtown Encinitas

Over the years, the Encinitas Citizens Committee has sent numerous emails to City Council, Code Enforcement, and Planning Department. We hoped that actions would be taken to significantly reduce the public disturbances that occur on our downtown streets, especially on weekend nights, at or around bar closing time. 

We have high hopes that the new City Council, led by a new Mayor, a new City Manager, a new Fire Marshal, and new Sheriff will spearhead a campaign for a safer, quieter Encinitas! But we want you to know the reality of the situation.

Although we will no longer send a list of specific complaints, please be advised that problems of late night noise and concern for the safety of Encinitas citizens still exist. It is extremely frustrating for the ECC to send Code Enforcement example after example of the same kinds of infractions or to repeatedly report these problems to City Council. In the past only small steps have been taken and these efforts have not produced meaningful improvements. The hoped-for peaceful co-existence between late-night bars and residents trying to get a good night's rest has not happened.

We appreciate that a Code Enforcement officer has been hired to devote half his time to the late night drinking problems, but he has still not identified the real issues. Also, insufficient actions have been taken on the ones that have been identified. These issues are:

The over-serving of alcoholic beverages to inebriated bar patrons. The noise problem created by drunks that disturb citizens late at night. The safety issue when intoxicated individuals drive in and around Encinitas. 

Examples of insufficient action: 

1. The PACE program sends a team out to inspect the bars only once a quarter most of the year. Unfortunately problems of over-service, overcapacity, customers blocking sidewalks, and DUIs occur year round--they are not just occurring in the summer any longer. No officer did inspections in December despite the fact that the week of Christmas and New Years is undoubtedly one of the busiest times of the year.

2. Code Enforcement rechecked Union to see if their barstools and chairs were illegally removed again (after repeated violations and finally being issued a $100 fine). This inspection was ineffective because he checked during the day when the majority of Union's business is serving food, not alcohol. Obviously Union doesn't remove their chairs and barstools in the morning!!! Astonishingly, a resident told us that on Sunday, January 11th at 11:00 pm he saw barstools on Union's patio again! The $100 fine made no difference when this business can make significantly more by ignoring the violation. It's nothing more than a slap on the wrist.

3. Bars that have never received citations were inspected first. By the time the Code Enforcement Officer got to Shelter -- a bar with several violations -- the owner was prepared and met him at the door. News travels fast when an inspection is underway.

4. Code Enforcement inspections of bars that serve liquor until 2:00 am should be top priority because that's where and when most problems occur. Instead, the officer spends most of his time inspecting the many restaurants that close by 10:30 pm and problem bars have little to worry about.

5. Downtown Encinitas residents are still being awakened by loud, obnoxious, inebriated people yelling in the street throughout downtown but particularly on 2nd and 3rd Streets between D Street and K Street. These intoxicated people then get in their cars and present an additional danger to public safety. To our knowledge, there have been no new deterrents to this unruly behavior. 

Here's an excerpt from an email that the ECC received on 12/29/2014:

"There were people yelling loudly outside from 2:30 to 3 am on Friday (actually Saturday morning), 2:45 am to 3:15 am on Saturday (Sunday morning), and at 1:45 am on Sunday (Monday morning!)."

Residents feel afraid knowing that drunken individuals are just outside their door. Because residents often hear screeching of tires and people driving recklessly through their streets, many think it is dangerous to walk or drive in their own neighborhood at night. 

The ECC has made the following requests before but we would like to present them again:

1. Have a Code Enforcement Officer regularly patrol downtown Encinitas on weekend nights to control excessively loud noise -- especially near establishments with repeated violations. This would be an essential deterrent to those who are disturbing the peace. 

2. Have a vigilant law enforcement presence and give citations to those drunk in public. Let these people know Encinitas has a zero tolerance for this kind of behavior!

3. Have plainclothes officers stationed in and around Highway 101 to see where people are being over served -- or where they are purchasing liquor -- and issue fines. 

(It has been suggested that citizens tell the City which bars are over-serving but the Sheriff has said this would not be safe)

4. Conduct frequent, late night, weekend, surprise inspections of the most troublesome bars -- at least until they are in compliance with the law.  Not doing so sends citizens the message that these bars are above the law.

5. When someone is caught driving under the influence, find out where this person had the last drink and then issue a citation so this kind of over-serving stops. 

For an article on the connection between over-service and DUIs: 

Please see link: http://www.10news.com/news/researcher-has-plan-to-cut-duis-in-san-diego-county     (Researcher has Plan to Cut DUIs in San Diego County)

Here's a "sobering" look at the Sheriff's sweep for public drunkeness along the 101. It shows rather unflattering scenes from Encinitas, mostly in front of Shelter.

http://www.cbs8.com/story/27498508/drunk-in-public-sweep-by-san-diego-sheriffs-dept#.VHnSVtraVCU.mailto

The Deemed Approved Ordinance was put on hold because City Council felt Encinitas had sufficient codes on its books. Council also hoped that the newly formed PACE program could enforce the law and improve relations between late-night bars and residents. Unfortunately the codes are still not being enforced and relations have not improved between late night bar owners and residents seeking solace.

At the October 15, 2014 City Council meeting, several Council members were clearly frustrated that Shelter and Union repeatedly violated the law in spite of warnings. City Council members instructed Code Enforcement to issue citations and give fines. As far as we know only one establishment has received a fine and they continue to violate code. With no late night inspections since Thanksgiving, one can only wonder how many violations are occurring. 

In conclusion: The excessive noise problem still exists downtown as does the threat to public safety due to late night drinking. These violations will likely continue until you take the above steps, such as conducting surprise late night inspections downtown on weekend nights, especially of problem establishments -- and issue meaningful fines that truly act as deterrents. 

Please make 2015 the year you take action to keep Encinitas peaceful and safe and a good place in which to live and thrive!