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HomeMy WebLinkAboutOrdinance #2451 f 7- ORDINANCE NO . 2451 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 13 .24.140 THROUGH 13.24.200, SECTIONS 13.48.010 , 13 .48 .030 THROUGH 13 .48 .080, SECTIONS 13.48.100 THROUGH 13.48.145, AND ADDING SECTIONS 13 .48.015 AND 13.48 .025 REGU- LATING ACTIVITIES OF THE CITY'S BEACH AND PARKS The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending sections 13 .24.140 through 13.24.200 , sections 13 .48.010 , 13.48.030 through 13.48 .080, sections 13.48.100 through 13.48 .145 to read as follows: 13.24.140 Commercial photography . No person shall take still photographs on the beach or in any park for commercial purposes without a permit therefor first had and obtained from the director of community services. 13.24 .150 Photography permit--Application. Any person desiring to take commercial still photographs on the beach or in any park shall apply to the director of community services for a permit to do so by an application in writing. 13.24 .160 Photography permit--Application--Contents. The application shall state the time and place for which the per- mit is desired and any such information as may be required by the director of community services. 13.24 .170 Photography permit--Applicant examination. Upon receipt of any application for a permit to take still photo- graphs , the director of community services may investigate and examine the applicant or any person named in the application. 13 .24 .180 Photography--Safeguards . The director of community services may require such safeguards for the protection of the public as he may deem advisable. 13.24 .190 Fee--Insurance. A fee of twenty-five dollars ( 125) shall be charged for still photography. Such fee shall /ahb 7/23/80 1 . be payable to the city of Huntington Beach, plus any cost for any police, fire or lifeguard personnel, or maintenance use of city building, or any other service. Permittee shall post an insurance certificate with the city, naming city as coinsured, such certificate to be approved by the city attorney. 13. 24. 200 Public address systems . No person shall set up, use , operate or maintain a public address system on the beach within this city, except 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 per- mit from the director of community services . The director of community services is expressly given the authority to deter- mine the maximum amplification permissible in areas designated consistent with other persons' enjoyment of the recreational area facilities. 13. 48.010 Definitions. For the purposes of this chapter, the following terms shall have the meanings as set forth herein unless the context in which they are used clearly indicates a contrary meaning: (a) "Alcoholic beverages" means any and all spiritous , vinous , malt or fermented liquor, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of 1 percent, or more, of alcohol by volume which are potable or fit as , or which may be used for beverage purposes. (b) "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation or any other group acting as a unit. ( c) "Sound amplifying system" means and includes any system of electrical hookup or connection, loudspeaker system or equipment, sound amplifying system and any apparatus , equip- ment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of the human voice, musical tone , vibration, or sound wave. This definition shall not apply to the regular and customary use of portable radios , televisions , record players or tape recorders played or operated in such places and at such times so as not to disturb other persons in their permitted uses of the park. (d) "City" means the city of Huntington Beach. ( e) "Director" means the director of the community services 2. department or other person(s) authorized by him, pursuant to law, to act in his stead. ( f) "Department" means the department of community services . (g) "Park" includes every park, recreation center, lake, pond or other body of water, riding and hiking trail, parking lot and every other recreation facility owned, managed and/or controlled by the city and under the jurisdiction of the director. (h) "Permission" means written permission, granted by the director or his authorized agent. 13 .48 .030 Vandalism. No person shall wilfully cut, break, injure, deface, disfigure, mark or write upon, paint, carve, burn, tamper with, attach rope or wire to, displace or remove any tree, shrub, plant, turf, rock, sand, soil, wood , building, fence, table, bench, barbecue unit, pole, light, playground apparatus, bridge, railing, paving material, fountain, trash receptacle, waterline or other public utility, part or appurtenance thereof , sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, equipment, tools , imple- ments , materials , any structure or park facility whatsoever, either real or personal . 13.48.050 Littering. No person shall deposit, throw, discharge or otherwise place any paper, ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, rubbish, debris or any substance, matter or thing, either liquid or solid in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or in or on the grounds of said park except in the proper receptacles where these are provided; nor shall any person within any park wash eating or cooking utensils elsewhere than in the sinks provided for such purposes; nor shall any person bring any such substance, except litter accumulated in the course of automobile travel, into a city park for the purpose of disposal thereof in city park facilities. Where receptacles are not provided, all such rubbish or waste shall be carried from the park by the person responsible for its presence and properly disposed of elsewhere . 13.48 .060 Vehicle operation--Parking. No person shall operate, drive, ride, park or leave standing any automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart or any other motor vehicle or any other vehicle at any time in any park; provided, however, that the provisions of this section shall not apply to those specific areas within any public park of the city which shall have been regularly and lawfully set aside for the use of vehicles; and provided further that the pro- 3. visions of this section shall not apply to any vehicle used or owned by the city or any commercial vehicle making lawful de- liveries to or otherwise lawfully engaged in any undertaking or enterprise within any public park of the city. No person shall park and leave unattended any vehicle in areas other than those designated for parking. Vehicles left unattended in any area, except those designated for parking, without permission, may be towed away and stored by the city and said removal and storage costs shall be charged to and paid by the owner prior to release. Nor shall any person ride or drive a bicycle, skateboard or roller skates upon any tennis, handball, basketball, shuffleboard or multipurpose court in a city park. 13.48 .070 Animals No person shall ride, lead or let loose any cattle, horse, mule , goat, sheep, swine , cat , dog, fowl or animal of any kind in a park except that it shall not be unlawful to have dogs physically restrained by a leash not in excess of six feet or to ride horses on trails specifically provided for them. No person shall permit a dog to be or remain unattended outside a tent, camper or other enclosed vehicle between the hours of sunset and sunrise. No person shall keep or permit to remain any dog which is noisy, vicious or dangerous or which disturbs other persons within the boundaries of a park after such person has been directed by a park ranger to remove such dog. No person shall trap, kill, injure , catch or maltreat any wild or domesticated bird or animal; or destroy, remove or disturb any of the young or eggs of same, or permit any dog to pursue , trap, kill or wound any wild or domesticated bird or animal, except that the pro- visions of this section shall not apply to city employees regu- lating animal populations that have been declared a nuisance or hazard by the director consistent with laws protecting such animals. 13.48.080 Boisterous conduct. No person shall maliciously or wilfully disturb the peace or quiet of a park or of any per- son therein, by loud or unusual noises , or by indulging in rio- tous , boisterous , threatening, indecent or offensive conduct, or by using abusive, profane, indecent or vulgar language. No person shall, within any park, disturb in any manner any picnic, meeting, services, concert , exercise or exhibition. No person shall play or utilize any sound-amplifying system within or upon any park or facility not set aside for such purpose by the city council or the director. 13.48.100 Vending and peddling. No person shall expose or offer for sale any article or thing nor shall he station or place any stand, cart or vehicle for the transportation, sale or dis- play of any such article or thing except by written permission from the director. No person shall give, set up or maintain any exhibition, , show, performance, concert, lecture, entertainment i 4. or similar activity without written permission to do so from the director. 13.48.110 Alcoholic beverages . No person shall consume or have in his possession, custody or control, either open or unopened, any alcoholic beverage of any kind whatsoever, except when attending a function operating under an alcohol permit issued in accordance with Chapter 9 .84 of this code . No in- toxicated person shall enter, be or remain in any park. 13.48.120 Games and activities . It is unlawful for any person to take part in or abet the playing of any activity which endangers the health, safety or welfare of the participant or any person whomsoever in any park, except on fields and courts or areas specifically provided for such games or activities or areas designated for such games and activities by the city council or director. Such games and activities shall include, but shall not be limited to, the following: (a) Baseball, tackle football, field hockey, rugby, cricket, golf, boxing, wrestling and the martial arts. (b) Wading, bathing, swimming, launching any type of boat, raft, air mattress , surfboard or to be in or on any lake, stream or pond found in a city park. ( c) Flying any model airplane or helicopter, and launching any model fuel power boat, provided that this subsection shall not prohibit the launching of model boats powered by battery or sail. (d) Carrying, transporting, possessing, discharging, firing or shooting over, onto or through any park any firearm, air gun, BB gun, spring gun, slingshot, bow and arrow, crossbow, spear, fireworks , firecracker, rocket, explosive of any kind or any other form of weapon potentially dangerous to human beings or wildlife . This subsection shall not apply to law enforcement officers . (e) Fishing in any park lake other than those designated by the director, during hours which are not authorized for such activity. (f) Lighting or maintaining any fire except in a stove, barbecue grill, fire circle, portable stove or barbecue grill approved by the director. (g) Erecting any barrier, whether string, wire, rope or chain, or placing any obstruction of any kind across any path, trail or other area accessible to the public. 5. (h) Engaging in any other activity which endangers the health and safety of the public . 13.48. 130 Curfew. No person shall remain, stay or loiter on or about any such park between the hours of 10 p .m. and 5 a.m. of the following day provided that this section shall not apply to attendance at authorized community activities in the park. Any park, recreation center or part or portion thereof may be closed to the public during an emergency, or when it has been determined by the director, a park ranger or police officer that the public health, safety or morals require such action. Such park, recreation center or part or portion thereof shall not be reopened except by order of the city council , city ad- ministrator, director, a park ranger or police officer. 13. 48. 140 Advertising. No person shall announce, adver- tise or call the public attention in any way to any article or service for sale or hire, or paste, glue , tack or other- wise post any sign, picture, placard, advertisement or inscrip- tion whatever, or distribute any handbill, circular or petition except by permission from the director, provided that this sec- tion shall not apply to any concession operating under lease granted by the city council. 13. 48. 145 Camping. The following city parks are hereby designated as camping facilities: Lake Park, Farquhar Park, Huntington Central Park, and Norma Brandel Gibbs Park. No per- son shall use any camping facility for overnight camping pur- poses without applying for and obtaining written permission from the director upon payment of the required fees established, and amended from time to time, by resolution of the city council of the city of Huntington Beach. The director may designate areas within subject parks for camping and may promulgate reasonable rules and regulations pertinent to the use of subject parks for camping purposes . No person shall use or occupy a camping facility unless the fee, evidenced by a receipt, has first been paid. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto sections 13. 48. 015 and 13.48.025 to read as follows: 13. 48. 015 Park rangers . For the purpose of this chapter, all park rangers are designated "special police officers ." Such park rangers shall have the authority to issue citations for vio- lations of this chapter, pursuant to section 836.5 of the California Penal Code. 13. 48.025 Signs . No person shall fail or refuse to obey or 6. comply with any notice or sign, including warning, regulatory and road markings, placed by order of the director for the safety or control of persons , vehicles or animals. No person shall wilfully refuse to follow or comply with any lawful order or direction given by a department employee. 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 Independent, a newspaper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of October , 1980. O Mayor ATTEST: APPROVED AS TO FORM: vw City ttorney REVIEWED AND APPROVED: INITIATE AND APPRO Ci y Administrator mun ty ervices Director 7. Ord. No. 2451 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, 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 6th day of October 19 80 , and was again read to said City Council at a regular meeting thereof held on the 20th day of October , 19 80 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: * Thomas, Finley, Bailey, MacAllister, Mamd}e; Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson ABSTAIN: Mandic City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California *Reconsidered at the 11/3/80 meeting to record Mandic's abstention. 1. Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-ofutio Clerk of the City Counce, do hereby certify that a synopsis of this ordinance has been published in ;lie Huntington Leach In-!ep dent on Y 1 C' � .... .........• 19 .Q in accordanCle with the aid r�e City Char*—, of sCity. City Clerk ........ - ............................................ Deputy City Cle,