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HomeMy WebLinkAboutOrdinance #2573 ORDINANCE NO. 2573 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO CHAPTER 9. 06 ENTITLED, "PROHIBITED ACTIVITIES" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding thereto Chapter 9. 06 entitled, "Prohibited Activities," to read as follows : 9.06.010 Manned flight devices. No person shall operate or permit the operation by any person of any aircraft, balloon, kite, ultralite aircraft , hang glider, or any similar device involving manned flight within five hundred (500 ) feet of the ground in the corporate limits of the city of Huntington Beach without first filing an application with the chief of police for a permit, ac- companied by a processing fee of twenty-five dollars ($25 ) . 9 .06.020 Contents of application. Applications for manned flight permits shall be made in writing, signed by the applicant if an individual, or by a duly authorized agent thereof, if a club, organization, or corporation, and shall contain the fol- lowing: (a) The name, address and telephone number of the applicant, in the case of an individual; in the case of a club, organization or corporation, the names and addresses of the officers and direc- tors thereof; and (b) The date or dates, location, time of day, and number of manned flights applicant desires to make. 9 .06.030 Permit issuance. The chief of police shall issue a manned flight permit if he finds that: (a) The conduct of the activity will not create a noise nuisance under the provisions of Chapter 8. 40; (b) The conduct of the activity will not create a dust problem under the provisions of Chapter 8 .24; ahb 8/17/82 1. ( c) The conduct of the activity will be in compliance with all applicable provisions of the Huntington Beach Ordinance Code with respect to land use; and ( d) The applicant, prior to the issuance of such permit , shall provide evidence of public liability insurance and property damage insurance coverage, written by an insurance company ac- ceptable to the city in the minimum limits set by resolution of the city council. 9 .06.040 Exception to provisions . No manned flight permit shall be required for any person operating aircraft under the pro- visions of federal laws and regulations . Further, the foregoing sections shall have no application to the flying of unmanned kites, model airplanes and the like except as provided elsewhere in this code. 9 .06.050 Penalty--Misdemeanor. Any person who violates or fails to comply with any of the provisions of these sections governing manned flights, or any of the terms, conditions or regu- lations of the manned flight permit, issued by the chief of po- lice,, shall be guilty of a misdemeanor , and each day or portion thereof such violation is committed, continued or permitted shall be deemed a separate offense , and shall be punishable therefor by imprisonment in the county jail for not more than six (6) months, or by a fine not to exceed five hundred dollars ($500 ) , or by both such fine and imprisonment . SECTION 2. This ordinance shall take effect thirty days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7. th day of September 1982. 44 . ` Mayor ATTEST: APPROVED AS TO FORM: City Clerk City lAttorney REVIE ND APPROVED : INITIATED AND APPROVED: j City Administra` or Jfi4r:lector of Development Services I 2. Ord. No. 2573 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of member$ 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 16th day of August 1982 , and was again read to said City Council at a regular meeting thereof held on the 7th day of September , 19 82 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, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth CITY CLERK of the City of Huntingttm Beach and ex-officio Clerk of the City Count', do hereby certlfy that a synoasis of this Ordinance ..us been r Uc lishc d in the HtmflngtOn Beach role =� Ina nr a.c. , Ok tarty Clerk .... . _B"r . Deputy City Clark