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HomeMy WebLinkAboutOrdinance #1306 ORDINANCE NO. 1306 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DECLARING AN EMERGENCY TO EXIST; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 2114. 2. 9 OF THE BUSINESS LICENSE CODE, AND CHAPTERS 75 AND 76; ADDING NEW CHAPTER 75 ENTITLED "BEACH AND PIER1°, AND ALL ARTICLES AND SECTIONS THERETO WHEREAS, with the summer season fast approaching, bringing tremendous crowds to the beach, the City Council finds that it is in the best interest of the City that this ordinance be necessary to better protect the health, safety and welfare of the general public; NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows : Section 1. That Section 2114. 2. 9 and all articles and sections of Chapters 75 and 76 are hereby repealed. Section 2. That all of the following articles and sections of Chapter 75 of the Huntington Beach Ordinance Code are hereby added and as added shall read in words and figures as follows : CHAPTER 75 BEACH AND PIER ARTICLE 750 - GENERAL 751 - BEACH REGULATIONS 752 - PIER REGULATIONS 753 - BEACH PARKING LOT REGULATIONS 754 - LIFEGUARD REQUIREMENTS AT PRIVATE BEACHES 755 - PERMITS REQUIRED 756 - ENFORCEMENT - 1 - ARTICLE 750 GENERAL S. 7501 Scope. The provisions of this Chapter are enacted by the City Council of the City of Hunting- ton Beach, and shall, unless otherwise expressly provided, apply to all beaches, piers and other publicly owned or operated lands or waters falling within the definition of those terms as set forth in Section 7502 of this Chapter, provided, however, that the application of this Chapter may be expressly negated by Ordinance or Resolution of the City Council. S. 7502 Definitions. For the purposes of this chapter, the following terms shall have the respective meanings set forth herein, unless the context in which they are used, clearly indicates to the contrary. S. 7502. 1 ALCOHOLIC BEVERAGE: "Liquor" or intoxicating liquor shall be construed to include any and all spirituous, vinous, malt or fermented liquor, liquids or compounds whatever named or called, con- taining one-half of one percent or more of alcohol by volume, which are potable or fit for use as, or which may be used for beverage purposes . (768) S. 7502. 2 BEACH: t/Beach/° includes that strip of land, owned and/or operated by this City of Huntington Beach, lying between Pacific Coast Highway in this City and the line of cr dinary tide of the Pacific Ocean, and any pier, jetty, or arm thereof designed primarily to provide swimming, boating, fishing, sightsee- ing, or other waterfront activities. S. 7502.3 CAMP: Means any temporary shelter to be occupied by human beings for a limited period and not as a permanent place or abode that is constructed of cloth or paper, treated or untreated, or boughs of trees, or partly constructed thereof, or by the use of paper and/or cloth and/or branches of trees, in connection with an auto- mobile, automobile truck or other vehicle, for the purpose of temporary shelter. S. 7502.4 DIRECTOR: With respect to this Chapter herein defined, the word C°Director/° refers to the Director of Harbors and Beaches Department of the City of Huntington Beach. 2 - S. 7502. 5 OCCUPIED: "Occupied" means used for the purpose of protecting human beings from wind, sun, rain or public view. S. 7502.6 PACIFIC OCEAN: "Pacific Ocean" includes all waters of the Pacific Ocean or any arm thereof in which the tide ebbs or flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, or court action or otherwise, and whether or not the lands lying under said tidal waters are privately owned or publicly owned. S . 7502. 7 PERSON: t°Person" means any individual, firm, co-partnership, joint venture, associa- tion, social club, fraternal organization, corporation, or any other group or combination, acting as a unit. ARTICLE 751 BEACH REGULATIONS S. 7511 Unlawful Acts. It shall be unlawful for any per- son to do or to commit, or for any person to cause or permit to be done or committed within the boundaries of any beach, within the City limits of the City of Huntington Beach, owned, operated, controlled or formed by the City Council of the City of Huntington Beach, any of the following: S. 7511. 1 Defacing and/or Destroying of Public Property. To cut, carve, hack, remove, deface, or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or other structure, or to place writing upon the interior or exterior of 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 picture. (769) S. 7511. 2 Littering. To scatter handbills or advertise- ments therein, or to deposit bottles, cans or other rubbish or trash 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. (769) S. 7511 .3 Placing Dangerous Objects in Bathing Area. To throw, cast, deposit, or cause to be thrown, cast or deposited on the beach of the Pacific Ocean, below the - 3 - high tide line in this City, any glass, bottles, tin cans, nails, rubbish, trash, or any article whatsoever that is or may become a menace to life or limb to any person or bather in said ocean or on said beach. S. 7511.4 Cam�. s Prohibited. To maintain any camp or occupy the same at any place on the beach of the Pacific Ocean within the City, except by special permit issued by the Director of Harbors and Beaches. S. 7511. 5 Fires. To light, kindle, set or maintain fires or coals thereon, except in the fire rings provided therefor. (769) S. 7511 . 6 Dogs and Other Animals. No person having the care, charge or control of any dog or pet or domesticated or wild animal or reptile, shall permit or allow said pet, domesticated or wild animal or reptile to be, under any circumstances or conditions, on or upon the Municipal Pier, or upon the public beaches in the City of Huntington Beach. S. 7511. 7 Soliciting. No person shall engage in the busi- ness of soliciting, selling or peddling any liquids or edibles for human consumption, or to distribute circulars, or to hock, peddle or vend any goods, wares, merchandise, except pursuant to a permit issued under the authority of the Director of Harbors and Beaches. S. 7511 . 8 Alcoholic Beverages. No person shall, on or upon the beach within the City limits of Huntington Beach, consume, sell, purchase, give away or have in his or her possession any intoxicating liquor, or transport or deliver to any person or persons therein, any intoxicating liquor. S. 7511.9 Hazardous Water Sports. No person shall use any surfboard, paddleboard, bellyboard, or any similar objects made entirely or partially of wood, metal, glass, hard plastic, or any other substance, exceeding four and one-half feet in length, between the hours of 11:00 A.M. and 5:00 P.M. , from June 15th to September 15th of each year, in the Pacific Ocean, within 300 yards of the beach, within 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. - 4 - S . 7511 . 10 Hazardous Articles. No person shall use any surfboard, paddleboard, skimmer, belly board, rubber life raft, canoe, boat, or any similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard substance at any time, on the beach or in the Pacific Ocean in a manner that con- stitutes a hazard to any other person. S. 7511. 11 Hazardous Beach Games and Practices. No person shall use any hard ball, soft ball, bat, football, volleyball, shot Put, hammer throw, javelin, boomerang, flying saucer, or any athletic apparatus or game, or similar object, or con- duct 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 throw- ing, or any sport that constitutes a hazard to any person. S . 7511. 12 Digging To dig or cause the digging of any hole in the sand exceeding a depth of two feet. Any person who digs, or causes to be dug, any hole upon the beach shall fill said hole before leaving the beach area. (769) S. 7511. 13 Spear Guns. No person shall have any spear gun or similar underwater fishing de- vice in his or her possession on the shore of any beach unless the point of such device is covered by a sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be kept cocked, loaded, or otherwise prepared so as to be capable of being discharged while on the beach, or in swimming areas therein. S. 7511. 14 Jumping from Municipal Piers and Public Bridges. To dive, jump, or enter the water from the municipal pier or any part thereof; provided, however, that this section shall not apply to the regularly employed life- guard personnel of the City of Huntington Beach who are engaged in lifeguard training or in emergency jumps from the pier or bridges for the purpose of saving lives and/or property. (769, 911) . S. 7511. 15 Climbing on Rails of Municipal Pier or Bridges. To sit, walk or balance on the rails of the municipal pier or public bridges or to climb over or under such rails. (769, 911) . 5 - S . 7511. 16 Climbing on Lifeguard Stations. To climb or cause someone else to climb on any lifeguard station or ladder on the beach or Municipal Pier, unless told to do so by an official employee of the City. (769) S. 7511. 17 Laying Down Hazardous Objects. To lay or cause to be laid, any surfboard, paddleboard or similar object against any life- guard station or municipal structure. S. 7511. 18 False Alarms. To cause a false rescue or call for help when it is not needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his tower or to have his attention drawn to a false alarm. (769) S. 7511. 19 Interferring with the Duties of a Lifeguard. To wilfully resist, delay or obstruct any lifeguard in the discharge or attempt to discharge any duty of his position. S. 7511. 19. 1 Mirrors. No person shall use a mirror, glass, or any similar object in a manner that would cause the sun to reflect upon such mirror, glass, or similar object and interfere with the vision of any life- guard. S. 7511. 20 Curfew. To be on the public beach within the City of Huntington Beach between the hours of 12:01 A.M. and 5 :00 A.M. of the same day, except upon official business of the City of Huntington Beach. In the event of special circumstances so warranting, the Director or Harbors and Beaches, in his judgment, is hereby authorized and empowered to modify temporarily, the hours during which the beaches are closed. Said modification to be filed with the City Administrator at least 10 days prior to the requested date. S. 7511. 21 Fireworks. To light, set off, or discharge or have in his or her possession, fire- works on the beach. (Fireworks as defined in S. 4111 of Huntington Beach Ordinance Code) . S. 7511. 22 Electrical Outlets. No person shall use any electrical outlets on the beach without first obtaining written consent from the Director of Harbors and Beaches and paying such fees as may be prescribed. - 6 - S. 7512 Vehicle Regulation. No person shall operate any skateboard, motor driven cycle, motorcycle, automobile, motor truck or other vehicle of conveyance on the beach other than for law enforcement, lifesaving or emergency purposes, or for beach maintenance purposes, without the expressed written consent of the Director of Harbors and Beaches; nor on any roads on which signs are posted prohibiting such activity, nor in any manner or direction prohibited by posted signs, nor on any beach other than on the roads, drives or parking areas designed for such purposes. S. 7512. 1 Bicycles. To drive or ride or cause to be driven or ridden, any bicycle on the beach service road from June 15th to September 15th of each year, is prohibited. S. 7512. 2 Seed. No person shall drive any vehicle on the beach at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and the surface and width of the roadway, and in no event in excess of ten (10) miles per hour, unless a greater speed is posted. S. 7512. 3 Time Limit. During the period of June 15th to September 15th, any and all commercial motor vehicles of any type, must make their deliveries to beach concessions between the hours of 6 :00 A.M. and 11 :00 A.M. S. 7512.4 Parking. No person shall park any vehicle except in designated parking areas, provided, however, that the Director of Harbor and Beaches is hereby authorized to permit parking along roads and in under-developed areas when, in his opinion, such parking will not interfere with beach area operations. S. 7512. 5 Erection of Speed, Traffic and Parking Signs. The Director of Harbors and Beaches is authori- zed and directed to erect and maintain signs at locations he deems appropriate, indicating the speed limits established by the City Council for beaches, along roadways and streets therein. The Director of Harbors and Beaches is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns. 7 - S. 7513 Removal of Sand. No person shall remove, or cause to be removed from the beach, any sand without written permission from the Director of Harbors and. Beaches. ARTICLE 752 PIER REGULATIONS S. 7521 Authority over Pier. The Director of Harbors and Beaches, subject to the provisions of this Article and such Ordinances as the Council may adopt from time to time, is hereby given full power and authority to regulate or control the use of the public wharf or pier at the foot of Main Street in this City. (344) S. 7522 Control of Use of Pier. The Director shall have power to determine what portions of said pier shall be open to the public at any and all times, and also what portions of the pier shall not be used for any specific purpose. S. 7523 Violation of Posted Notices. Upon the posting of notices prohibiting the doing or performing of any acts upon certain portions of said pier by the Director of Harbors and Beaches, it shall be unlawful for any person to use said portion of said pier for the prohibited purpose or purposes. (344) S. 7524 Prohibited Acts. No person while upon or near the Municipal Pier (located at the foot of Main Street in this City, and over the Pacific Ocean in this City) shall do or cause or permit to be done, any of the following acts : S. 7524. 1 Overhead Casting Cast a fishing line, either with or without a fishing pole, by what is commonly known as overhead casting. (344, 554) S. 7524. 2 Negligent Casting. To cast a fishing line, lob- ster trap, crab trap, any mussel hook, or any other such device in such a manner as to create a hazard to any other person, either in the water adjacent to the pier or on the pier. S. 7524.3 Extra Lines. Have more than two fishing lines to 8 - any one person in the water under or near said pier at one time. S. 7524.4 Projecting Poles. Allow or permit any fishing pole to extend inward from the rail to a distance of more than four feet (W) . (344,554) S. 7524. 5 Cleaning of Fish. Place, cut or clean any fish or bait, or any other marine life upon any bench or seat placed upon the Municipal Pier or upon the floor of the pier unless same is placed in a container. (344,554) S. 7524. 6 Lobster Traps: Limit. Have more than two baited hoop nets to any one per- son in the water under or near said pier at any one time. S. 7524. 6. 1 Attending of Traps. Said traps shall be attended by a person at all times. Attended is to be within 500 feet of said traps at all times. (3443544) S . 7524. 7 Tampering with Lifesaving Equipment. Remove, use or tamper with lifesaving equipment upon said pier, provided therefor for public use, except in time of emergency. (344,554) S. 7525 Vehicle Regulation. As pursuant to S. 7512 in this Chapter. S. 7525 . 1 Speed Limit. No person shall drive any motor vehicle upon said pier in excess of five (5) miles per hour. (344, 565) S. 7525 . 2 Heavy Vehicles. No person shall drive, or permit to be driven, any vehicle of any kind or character whatsoever, upon said pier of a gross weight in excess of twenty thousand (20 ,000) pounds. (344, 565) . S. 7525 .3 Cyclin&�. No person shall ride or permit to be driven any bicycle, tricycle, skate- board, or any similar type vehicle on the pier at any time. S. 7525.4 Parking. No vehicle will be permitted to park on the pier except for the express purpose of loading or unloading supplies, unless he possesses a written permit from the Director of Harbors and Beaches . _ 9 _ allowing him to do so . S. 7525. 5 Deliveries. Commercial vehicles of any type must make their deliveries to pier con- cessions between 6:00 A.M. and 9:00 A.M. daily from June 15th to September 15th. For the remainder of any calendar year, no such time limit shall be in effect. S. 7526 Boat Regulations. S. 75:26. 1 Sale of Boat Tickets. No person shall sell or offer for sale any tickets for transportation upon any boat of any kind whatso- ever upon said pier, except from space in one of the buildings located upon said pier. (344) S. 7526. 2 Boat Landings : Time Limit. No person in charge of any boat or other craft shall permit, cause or allow such boat or other craft to stand or remain at any boat landing upon said pier for a longer period than fifteen (15) minutes at any one time. (344) . S. 7526. 3 Private Boats. Nothing contained in the forego- ing sections of this section shall be construed to prevent the embarking or disembarking of passengers from privately owned or operated boats and other craft, when the same are not in any commercial busi- ness, but are operated by the owners thereof without profit, for their own pleasure and amusement, and without charging or receiving any compensation from persons or passengers riding upon said boats or other craft. (344) S. 7526.4 Control of Boat Landing. The boat landing upon said pier shall be under the exclusive charge and control of the Director of Harbors and Beaches and shall not be raised or lowered by any other person, unless by written consent of the Director of Harbors and Beaches. S. 7526. 5 Charges for Use of Landing. Such charges shall be made for the use of said landing upon said pier as may from time to time be fixed by the City Council . (344) 10 - ARTICLE 753 BEACH PARKING LOT REGULATIONS S. 7531 Parking Regulations. The following regulations will apply to parking in any of the city-owned beach parking lots : S. 7531 . 1 Parking is allowed within designated spaces only. S. 7531. 2 Parking lot hours: 8 A.M. to 12 Midnight. S. 7531. 2. 1 There shall be no overnight parking. S. 7531. 2. 2 Any deviation from this will be by permission of the Director of Harbors and Beaches. S. 7531.3 No loitering or obstructing the flow of traffic will be allowed in the parking lot by any per- son or persons. S. 7531.4 No vehicle shall obstruct any entrance in the parking lot . S. 7531. 5 No trailers or similar vehicles will be allowed in the parking lot, from June 15th to September 15th of each year. S. 7531. 6 Fees : S. 7531. 6 . 1 Automobiles $ . 50 per day S. 7531. 6. 2 Buses $2. 00 per day S. 7531 . 6.3 Seasonal Parking Pass $5.00 per season Valid 6-15 to 9-15 S. 7531 . 7 Any vehicle leaving the parking lot and return- ing will be required to pay on re-entering. S. 7531 . 8 Number of Parking permits per concession owner will be determined by the Director of Harbors and Beaches. ARTICLE 754 LIFEGUARD REQUIREMENTS AT PRIVATE BEACHES (952) - 11 - S. 7541 Definitions as Used in this Article: S. 7541 . 1 "Private Beachte As used in this Article, a place within the incorporated area of the City of Huntington Beach used for the purpose of accommodating bathers bordering upon or adjoining the seacoast, bays or inlets therefrom where members of the public, by paying a fee, may resort for the purpose of bath- ing in the open sea, or bays or inlets therefrom. S. 7541 . 2 "Lifeguard" . A male person at least 18 years old who has graduated from high school and who has successfully completed a competitive lifeguard examination and training program; has thorough knowledge of and the ability to practice lifesaving techni- ques in heavy surf and severe ocean conditions, artificial respiration and first aid; is in good health; possesses good physical strength and ability, and who is free from any physical defects. A lifeguard minimum age of 16 years is allowed if said person is part of an organized lifeguard service with trained lifeguards as supervisors; and has successfully completed a competitive lifeguard examination and training program, has thorough knowledge of and the ability to practice lifesaving techniques in heavy surf and severe ocean conditions, artificial respiration and first aid, and who is in good health and who possesses good physical strength and ability, and who is free from any physical defects. S. 7541. 3 "Certified Lifeguard" . A lifeguard as defined in Section 7541. 2 of this section, who has been named in a certificate, as defined in Section 7541 .4 of this section. S. 7541 .4 "Certificate. " A statement or card signed by the Chief Lifeguard of the City of Huntington Beach, that a person named in the statement or card, has taken such examinations and passed such tests as demonstrated to the Chief Lifeguard of the Harbors and Beaches Department that the person so named possesses the qualities set forth in defining "Lifeguard. " S. 7542 Required Lifeguards. S. 7542. 1 As Set by Resolution. The City Council shall, upon recommendation of the Chief Lifeguard of the City of Huntington Beach, desi- gnated by resolution, for each private beach, the number of - 12 - certified lifeguards, with a minimum of one, and the hours of duty which it considers reasonably necessary to provide an adequate lifeguard service for the protection of the public, with due regard for the .number of bathers utilizing the particular private beach, and with due regard for such length and type of waterline as the particular private beach encompasses. ARTICLE 755 PERMITS REQUIRED S . 7551 Motor Vehicles. No person owning or operating any motor vehicle of any type (as defined in S. 7512) shall operate, drive, propel or run, or cause or permit any motor vehicle to be operated, driven, propelled, or run upon the beach of the Pacific Ocean within this City, without a permit therefor first being obtained from the Director of Harbors and Beaches (248, 1160) S. 7551 . 1 Application for Permit. Any person desiring to operate any motor vehicle or vehicles upon the beech of the Pacific Ocean within this City may apply to the Director of Harbors and Beaches for a permit to do so by an application in writing (248) . S. 7551 . 1. 1 Contents of Application. Such application shall state the time and place for which said permit is desired; shall state the kind and character of motor vehicle or vehicles to be operated; the names of the persons to operate the vehicle or vehicles; the name of the applicant ; and also such information as may be required from time to time by the Director of Harbors and Beaches. S. 7551 . 2 Examining of Applicant. Upon receipt of any application for a permit to operate a motor vehicle or vehicles upon the beach, the Director may examine the applicant or any persons named therein as the driver or operator of any motor vehicle. (248) . S. 7551. 2. 1 Safeguards. The Director of Harbors and Beaches may require such safe- guards for the protection of the public as he may deem advisable (248) . - 13 - S. 7551.3 Issuance of Permit. If he shall deem the appli- cant and the person to operate the motor vehicle or vehicles to be properly qualified and if suitable safeguards are provided for the protection of the public, the Director of Harbors and Beaches may issue a permit therefor. (248) . S. 7551 .3 . 1 Scope of Permit. Any person holding such a permit may operate or cause to be operated, a motor vehicle or vehicles in accordance with the terms thereof at the time and place in said permit specified. (248) . S. 7552 Concessions. No person shall conduct or carry on upon said beach or pier or any part thereof, any business of any kind whatsoever, without first having obtained a permit from the City Council to do so. (344) S. 7552. 1 Business Location. No permit shall be issued for the carrying on of any business upon said beach or pier, except in building con- structed therefor. (344) S . 7552. 2 Leasing of Space in Buildings. Space in any building located upon said beach or pier may be leased by the City Council at their discretion. S. 7552.3 Rental Terms. The terms for the payment of rental for such space shall be specifically set forth in the agreement therefor, created by the City Council. (344) S. 7553 Commercial Filming and Photography. No person shall take any motion pictures or photographs on the beach for commer- cial purposes, without a permit therefor first had and. obtained from the Director of Harbors and Beaches. S. 7553 . 1 Application for Permit. Any person desiring to take commercial motion pictures or photography on the beach may apply to the Director of Harbors and Beaches for a permit to do so by an application in writing. S. 7553 . 1. 1 Contents of Application. Such application shall state time and place which said permit is desired and any such information - 14 - as may be required by the Director of Harbors and Beaches. S. 7553 . 2 Examining of Applicant. Upon receipt of any application for a permit to take motion picture film or still photographs, the Director of Harbors and Beaches may investigate and examine the applicant or any persons named therein. S. 7553. 2. 1 Safeguards. The Director of Harbors and. Beaches may require such safeguards for the protection of the public as he may deem advisable. S. 7553 .3 Fees. MOTION PICTURE FILMING $200.00 per day STILL PHOTOGRAPHY 25.00 per day Said fees shall be payable to the Director of Harbors and Beaches, plus any cost to the City for any Police, Fire, Lifeguard or Maintenance use of City Building, or any other service. Licensee must post an insurance certificate with the City, naming City as co-insured; said certificate to be approved by the City Attorney. S. 7554 Public Address Systems: Permit Required. No person shall set up, use, operate, or maintain a public address system on the beach within this City, ex- cept in those areas specifically designated therefor, nor shall any person set up, use, operate, or maintain a public address system without first obtaining a written permit from the Director of Harbors and Beaches. The Director of Harbors and Beaches is expressly given the authority to determine the maximum amplification permissable in areas designated consistent with other persons' enjoyment of the recreational area facilities. ARTICLE 756 ENFORCEMENT S. 7561 Effect and Enforcement. Any violation of any provision of this Chapter shall subject the violator to ejection from the premises of the area in which violation occurs. This Chapter shall be enforced by the Director of Harbors and. Beaches and such of his agents as he may designate to perform = 15 - said duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this Chapter takes place. S . 7562 Penalty. Any person violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, and subject to a fine of not more than Five Hundred Dollars ($500.00) or be imprisoned for a period not to exceed three (3) months, or by both such fine and imprisonment (1084) . S. 7563 Appeal . Any person dissatisfied with the decis- ion of the Director of Harbors and Beaches in the areas of discretion on his part under this Chapter, may appeal his decision to the City Administrator and if dissatisfied with the decision of the City Adminis- trator, may appeal said decision to the City Council by notice in writing to that effect within 10 days from the date of the decision appealed from. S. 7564 Severability. If any section, subsection, sub- division, paragraph, sentence, clause or phrase of this Article or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this Article or any part thereof. The City Council hereby de- clares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional. Section 3 . This Ordinance is an emergency meas- ure for the immediate preservation of the public health, safety and welfare, which emergency is set forth and defined in the preamble hereof, shall take effect and be in force from and after the passage and adoption of this ordinance. Section 4. 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 - 16 - Ord . No. 1306 circulated in the City of Huntington Beach, California . PASSED AND ADOPTED by this City Council of the City of Huntington Beach, California, on the 20tb day of March, 1967 . Mayor ATTEST: City Cler4� APPROVED AS TO FORM: City Attorney Ord. No. 1306 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 the said City, do here- by certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing emergency ordinance was read to said City Council at a regular meeting thereof held on the 20th day of March, 1967 and was passed and adopted by the affirmative vote of seven members of said City Council. AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES: Councilmen: None ABSENT: Councilmen: None City Clerk an -officio Clerk or- the City Council of the City of Pil-tington Beach, California I, PAUL C. JONES, CITY CLERK of the City of Huntington Beach and ex•officio Clerk of the City Council, do hereby certify that this ordinance has been ptiblished in the untington Beach News on ---------- - --1 . - ---- -ll. 19- In accordance with the City Charter of said City. ........ ............................ ....................---------------- City Clerk r ------------ Deputy City City Clerk