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HomeMy WebLinkAboutOrdinance #1550 ORDINANCE NO . 1550 AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 4037 PERTAINING TO THE PUBLIC WELFARE WHEREAS , the 1969 legislative amendment to Section 647 of the state Penal Code was imperfect as adopted; and Such section contains regulations essential to the preservation of the public health, safety and welfare of this community and the public in general, NOW, THERFORE, pursuant to Section 511 of the city charter of the City of Huntington Beach and Section 36937(b) of the Government Code, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Section 4037 to read as follows : 4037 . DISORDERLY CONDUCT. Every person who commits any of the following acts shall be guilty of disorderly conduct, a misdemeanor: (a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. (b) Who solicits or who engages in any act of prostitution. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration. (c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms . (d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act . (e) Who loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identi 1. fy himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification. (f) Who is found in any public place under the influence of intoxicating liquor, or any drug, or the influence of toluene or any substance defined as a poison in Schedule D of Section 4160 of the Business and Professions Code, or under the influence of any combination of any intoxicating liquor, drug, toluene or any such poison, in such a condition that he is unable to exercise care for his own safety or the safety of others, or by reason of his being under the influence of intoxicating liquor, or any drug, or the in- fluence of toluene or any substance defined as a poison in Schedule D of Section 4160 of the Business and Professions Code, or under the influence of any combination of any intoxicating liquor, drug, toluene or any such poison, interferes with or obstructs or prevents the free use of any street, sidewalk or other public way . (g) Who loiters, prowls or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof. (h) Who, while loitering, prowling or wandering upon the pri- vate property of another, in the nighttime, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof. (i) Who lodges in any building, structure or place , whether public or private , without the permission of the owner or person entitled to the possession or in control thereof. In any accusatory pleading charging a violation of subdivision (b) of this section, if the defendant has been once previously con- victed of a violation of such subdivision , such previous conviction shall be charged in the accusatory pleading, and if such previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in the county jail for not less than forty-five (45) days and shall not be eligible for release upon completion of sentence, or on parole, or on any other basis until the defendant has served not less than forty-five (45) days in the county jail. In no such case shall the trial court grant probation or suspend the execution of sentence imposed upon such person. In any accusatory pleading charging a violation of subdivision (b ) of this section, if the defendant has been previously convicted two or more times of a violation of such subdivision, each such previous conviction shall be charged in the accusatory pleading, and if two or more of such previous convictions are found to be true by the jury, upon a jury trial, or by the court , upon a court 2. trial, or are admitted by the defendant, the defendant shall be imprisoned in the county jail for not less than ninety (90) days and shall not be eligible for release upon completion of sentence , or on parole, or on any other basis until the defendant has served not less than ninety (90) days in the county Lail. In no such case shall the trial court grant probation or suspend the execution of sentence imposed upon such person. 4038 . PENALTY. Any person convicted of a violation of any provision of this article shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment . SECTION 2 . The City Council of the City of Huntington Beach hereby declares that this ordinance is an emergency measure neces- sary for the immediate preservation of the public health, safety and welfare of the members of this community, and such ordinance shall take effect and be enforced immediately upon adoption hereof. Upon adoption by the Legislature of an effective Section 647 of the state Penal Code, or equivalent , this section shall, upon the effective date of such Penal Code section, or equivalent, be re- pealed and removed from the Huntington Beach Ordinance Code . SECTION 3 . The City Clerk shall certify to the passage and adoption of this ordinance, and cause same to be published within fifteen days in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Hunting- ton Beach at a regular meeting thereof held on the 5th day of January, 1970 . Mayor ATTEST : City erk APPROVED AS TO FORM: City ney 3 .