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HomeMy WebLinkAboutOrdinance #769 1 ORDINANCE No. 169 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DECLARING AN EMERGENCY TO EXIST, AMENDING THE HUNTINGTON BEACH ORDINANCE CODE RELATING TO THE RULES AND REGULATIONS FOR THE USE OF THE CITY'S BEACH AND PIER FACILITIES The City Council of the City of Huntington Beach do ordain as follows: This ordinance is hereby declared to be an emergency measure, necessary for the immediate- preservation of the public peace , health and safety, and shall become effective immediately upon its passage. The facts constituting the necessity are as follows: It is anticipated that the impending summer vacation will bring a tremendous increase in the number of persons using the city' s beach and pier facilities. This ordinance providing rules and regulations and amending the existing rules and regulations for the use. of the city' s beach and is pier facilities, is necessary to assume and maintain an or- derly and safe use thereof, and to accommodate the anticipat- ed increase in the number of persons who will use the beach and pier facilities. NOW THEREFORE in consideration of and by the above pre- amble and statement .," the City Council of the City of Hunt- ington Beach declares and defines that an emergency exists . 1. Ord. No. 769 necessitating the following ordinance for the immediate pro- tection and preservation of the public peace,health, safety and welfare of the residents of the City of Huntington Beach. Section 1. That a new Article is hereby added to Chapter 75 of the Huntington Beach Ordinance Code ,said Ar- ticle to be numbered 757 and to be entitled"Rules and Regu- lations." Section 2. That the following new sections shall be added to Article 757 of the Huntington Beach Ordinance Code which new sections shall read in words and figures as follows: ARTICLE 757 RULES AND REGULATIONS Section 7571. Definitions. As used in this Article unless the context otherwise requires: (a) Person. Means any individual , firm, co-part- nership, joint venture, association, social club, fraternal organization, corporation,' or any other group or combination acting as a unit. (b) Alcoholic Beverages. "Liquor" or "intoxicat- ing liquor" shall be construed to include any and all spiritous, vinous, malt or fermented liquor, liquids or com- pounds, whether medicated, proprietory, patented or not , and by whatever name called, containing one-half of one percent- um, or more, of alcohol by ,volume , which are potable or fit for use as, or which may be used for beverage purposes. Section 7572. Unlawful Acts. It shall be unlawful for any person to do or to commit , or for any person to cause 2. Ord. No. 769 or permit to be done or committed, within the boundaries of any beach or pier within the City limits, of the City of Huntington Beach, owned by the City or operated by the City departments, of which the City Council of Huntington Beach is the governing body, any of the following: Section 7572.11. Defacing of Public Property. To cut carve , hack, remove, deface , or otherwise injure any fende , post, toilet, lavatory, restroom, building, signs, or other structure , onto place or write upon the interior or exterior or any fence , post, toilet, lavatory, restroom, building, sign or other structure therein, any initial, name , writing, printing, drawing or vulgar, profane or obscene word or pic- ture. Section 7572.12. Litteking. To scatter handbills or advertisements therein, or to deposit bottles, cans or other rubbish at any place therein, other than the receptacles provided for such purpose, or to deposit newspapers, rags, or parts of clothing in the toilets thereof. Section 7572,13. Fires. To light , kindle, set or main- tain fires or coals thereon, except in the fire rings pro- vided therefor. Section 7572.14. Dogs. No person having the care,charge or control of any dog shall permit or allow said dog to be, under any circumstances or conditions, on or upon the Mun- icipal Pier or upon the public beaches fronting the City of Huntington Beach. 3• Ord. No. 769 Section 7572.15. Soliciting. To engage in the bus- iness of soliciting, selling or peddling any <<iquids or edibles for human consumption, or to distribute circulars or to hock, peddle or vend any goods, wares, or merchandise, except pursuant to a permit issued under the authority of the City Council. Section 7572.16. Alcoholic Beverages. To consume , sell, purchase , give away, or have in his or her possess- ion, any intoxicating liquor or to transport or deliver to any person thereon, any intoxicating beverage. Section 7572.17. Hazardous Water Sports. To use any surfboards or paddleboards or any similar objects made en- tirely or partially, of weed, metal, glass, hard plastics, or any other hard substance , exceeding four and one-half feet in length, between the hours of 11:00 A.M. and 5:00 P.M. , from June 1st to October 1st of each year, in the Pacific Ocean within three hundred yards of the beach with- in the City limits of Huntington Beach; provided, however, that the riding of surfboards or paddleboards shall not apply to the areas specifically set apart therefor, at the westerly city limits, an area that is governed by the City Departments, of which the City Council of the City of Hunt- ington Beach is the governing body, and in such other areas as may be set apart therefor, by order of the City Council. 4. Ord. No. 769 Section 7572.18. Hazardous Articles. To use any surf- board, paddleboard, skimmer, bellyboard, skidboard, ski, canoe , rubber liferaft, or similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard substance at anytime , on the beach or in the Pacific Ocean in a manner that constitutes a hazard to any other person. Section 7572.19. Hazardous Beach Games and Practices. . To use any hard ball, soft ball, bat, football, volleyball, shotput, hammer throw, javelin, bommerang, flying saucer, or any and all athletic apparatus or game or similar object, or to conduct or participate in any sport or game at any place thereon, outside of the area provided therefor, or to conduct or participate in any sand throwing, blanket throwing, or any sport that constitutes a hazard to any person or persons. J Section 7572.21. Digging. To dig or to cause the digging of any hole in the sand, exceeding a depth of two feet, and all persons responsible shall see that all holes are filled before leaving the beach. Section 7572.22. Arbaletes and Spears. To use or have in his possession or under his control, any spear or arbalete in the waters of the Pacific Ocean within fifty feet of any swimmer or bather, or at any place - on- the beach within the City limits. This does not prohibit possession of a spear or arbalet at any location in the City, if the point is com- pletely sheathed and guarded. Section 7572.21 Jumping from Pier. To dive, jump or K_ Ord. No. 769 enter into the water from ' the Municipal Pier or any part thereof; provided, however, that this section does not ap- ply to the regularly employed lifeguard personnel of the City of Huntington Beach, who are engaged in lifeguard training or in emergency jumps from the pier in order to save lives and property. Section 7572.2 . Climbing on Rails of Municipal Pier. To sit, walk or balance on the rails of the Municipal Pier, or to climb over or under such rails. Section 7572.25. Climbing on Lifeguard Stations. To climb or instigate the climbing on any lifeguard station or ladder on the beach or Municipal Pier , unless told to do so by an official employee of said City. Section 7572.26. Laying down Hazardous Objects. To lay or cause to be laid, any surfboard, paddleboard or similar object against any lifeguard station or municipal structure , that might constitute a hazard to the public , if said object were to fall from said lifeguard station or municipal structure. Section 7572.27. False Alarms. To instigate a false rescue or yell for help when it is not needed, or causing a lifeguard to enter the water on a false rescue , leave his tower or have his attention drawn to false alarms. Section 7572.28. Beach Curfew. To be on the public beach within the City of Huntington Beach, between the hours of 1:00 A.M. and 5:00 A.M. of the same day, except 6. Ord. No. 769 upon official business of the City of Huntington Beach. In the event of special circumstances so warranting, the City Administrative Officer, in his judgment, is hereby author- ized and empowered to modify, temporarily, the hours during which the beaches are closed by first filing each said modification, and the specified period thereof, with the City Clerk and mailing a notice thereof, to each councilman at least ten (10) days prior to the time when each said modification shall be effective . This does not apply to the public buildings located on the Huntington Beach beach or the Municipal Trailer Park. Section 7572.29. Alterations. The City Council may, by resolution, from time to time , alter or change these rules and regulations in order to maintain and pre- serve the public peace , health and safety. Section 7579. Violations. Any person violating any provision of this article shall, upon conviction thereof, be guilty of a misdemeanor, and subject to a fine of not more than five hundred dollars ($500.00) or be imprisoned in the City or County Jail for a period not to exceed three (3) months, or by both such fine and im- prisonment. Section 3. The following sections_,o the Huntington Beach Ordinance Code are hereby repealed: Sections 7523, 7. Ord. No. 769 . 7527, 7527.11 7623.17 7626, 7629 and 7629.1. Section 4. This ordinance being an emergency me4s" ure for the immediate preservation of the public health .and safety, which emergency is set forth and defined in the preamble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 5. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and cir- culated in the City of Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 20th day of .TiTe,, 196o. Mayor ATTEST: City Werk 8. Ord. No. 769 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting 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 five; that the foregoing ordinance was read to said City Council at a regular meet- ing thereof held on the 6th day of Ubb-e,1960 , and _wa-s-----_._ again read to said City Council at a regular meeting th reof held on the 20th day of Tune , 1960, and mor--e- thiin was passed and adopted as an emergency measure by/a four- fifths vote of said City Council as follows: AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler. NOES: Councilmen: None. ABSENT Councilmen: None. :Ctty Clerk and x-officio Clerk of the City Coun it of the City of Huntington Beach, California. 9.