HomeMy WebLinkAboutOrdinance #1856 ORDINANCE NO . 1856
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTION 7511 .9 , REGULATING HAZARD-
OUS WATER SPORTS IN THE PACIFIC OCEAN, AND
ADDING SECTIONS 7515 AND 7516 , PROVIDING
SEVERABILITY AND PENALTY CLAUSES FOR ARTICLE
751
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by amending Section 7511 .9 to read as follows :
7511.9 . HAZARDOUS WATER SPORTS .
(a) In order to protect the public health, safety and
welfare , the City Council may, by resolution, fix the hours
during which no person in the water of the Pacific Ocean within
three hundred (300 ) yards of the mean high tide line thereof,
within the city of Huntington Beach shall use or have in his
possession any surfboard, paddleboard, bellyboard, skimmer,
canoe, boat , or any similar object made entirely or partially
of wood, metal, hard plastic, or any other hard substance; pro-
vided, however, no person shall use or have in his possession
any hazardous articles , as defined in Section 7511. 10 of this
code , in any area of the water of the Pacific Ocean, or within
three hundred (300 ) yards of the mean high tide line thereof,
within the city limits of Huntington Beach, designated as a
hazardous water sport area by the Director or his authorized
agent , based on prevailing weather, water conditions , density
of use, and/or other hazard inducing conditions .
(b ) The Director or his authorized agent, shall give
notice of the time during which hazardous water sports , as
defined herein are prohibited. Such prohibition shall be
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effective when a yellow flag having dimensions of two feet by
two feet , and having a solid black circle in the center, one
foot in diameter, commonly known as a "black ball" flag, is
prominently displayed from a lifeguard tower, station, pier or
similar structure .
During the times the "black ball" flag is displayed,
swimming and bathing only shall be permitted in the waters of
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the Pacific Ocean adjacent to the beach within two hundred ( 200)
yards of the point of the display of said "black ball" flag,
provided that where said "black ball" flag is displayed from
consecutive operational lifeguard towers , lifeguard stations
and similar structures , that all waters of the Pacific, Ocean
adjacent to. said beach shall be restricted to swimming and
bathing only .
(c ) No person shall fail, refuse or neglect to leave the
waters of the Pacific Ocean adjacent to the beach when such
restriction and prohibition, as set out in this section, is
in force.
(d) Notwithstanding any provision of this section, the
Director, or his authorized agent , may from time to time desig-
nate certain areas to be used exclusively by persons using
surfboards and paddleboards . Such designation may be revoked
at any time and the area covered by any such designation may
be enlarged or reduced at any time . No person shall swim or
bathe in the waters of the Pacific Ocean included in such
area so designated except while using a surfboard or paddle-
board, or as may be necessary in order to use a surfboard
or paddleboard.
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Sections 7515 and 7516 to read as
follows :
7515. PENALTY, Any person, firm or corporation violating
any of the provisions of this article shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punish-
able by a fine of not more than Five Hundred Dollars ($500. 00)
or by imprisonment in the county jail for a period of not more
than six (6) months , or by both such fine and imprisonment .
Each such person shall be deemed guilty of a separate offense
for every day during any portion of which any violation of any
provision of this article is committed, continued or permitted
by such person, firm or corporation, and shall be punishable
therefor as provided herein.
7516. SEVERABILITY. If any section, subsection, sentence,
clause, phrase or portion of this article, or any future amend-
ments or additions hereto, is for any reason held to be invalid
or unconstitutional by the decision of any, court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this article, or any future amendments
or additions hereto. The City Council of the City of Huntington
Beach hereby declares that it would have adopted this article
and each section, subsection, sentence, clause, phrase or por-
tion or any amendments or additions thereto, irrespective of the
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fact that any one or more sections , subsections, clauses,
phrases, portions or any future amendments or additions thereto
be declared invalid or unconstitutional .
SECTION 3 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the pas-
sage of this ordinance and cause same to be published within
fifteen days after adoption in the Huntington Beach News, a
weekly newspaper of general circulation, printed and published
in Huntington Beach.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 2nd
day of July, 1973 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorne
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Ord. No. 1856
TCALIFORNIA
STATE OF CALIF
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 1 8th day of June
19 73 , and was again read to said City Council at a regular
meeting thereof held on the 2nd day of July 19 73 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Shipley, Bartlett, Gibbs , Green, Coen, Duke, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t, Alicia M. Wentworth CITY CLERK of the'C ity of
Huntington Beach and ex•otficl. Clerk of th^ i i"4
Council, do hereby certify that this ordinance has j
been published in the Huntington Leach t4ews on
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in accord` ce wit tha City Charter of said City.
City Clerk
...................�;7.`.: Y.:i.. City Clark