HomeMy WebLinkAboutOrdinance #2841 ORDINANCE NO. 2841
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON_ BEACH MUNICIPAL CODE
BY AMENDING SECTION 9.48.010 REGARDING DEFINITIONS
AND ADDING THERETO SECTIONS 9.48.260, 9.48.270,
9.48.280 9.48.290 AND 9.48.300 REGARDING VENDING
ON PARADE ROUTES
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 section 9.48.010 to read as follows:
9.48.010 DEFINITIONS
(a) "Parade" shall mean any march, parade, procession or
public assembly consisting of persons or animals or vehicles or
any combination thereof, upon any public or quasi public street,
road, highway, sidewalk, alley, park, parkway, pier, beach,
building or other public or quasi public place, which obstructs or
unreasonably interferes with the free passage of vehicular traffic
or pedestrian travel.
(b) "Street" shall mean all that area dedicated to public
use for public street purposes and shall include, but not be
limited to, roadways, parkways, alleys, and sidewalks.
(c) "Roadway" shall mean that portion of a street improved,
designated, or ordinarily used for vehicular travel.
(d) "Parkway" shall mean that area between the edge of the
roadway and the adjacent property line excluding that area
occupied by the sidewalks. "Parkway' shall also include any area
within a roadway which is not open to vehicular travel.
(e) "Sidewalk" shall mean any surface provided for the
exclusive use of pedestrians.
( f) "Parade route" shall mean the entire route of a parade
as approved by the police department.
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SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto section 9.48.260, 9.48.270, 9.48.280
9.48.290 and 9.48.300 regarding vending on parade routes.
9 .48.260 VENDING ON THE PARADE ROUTE. Except as
provided in Sections 9.48.2 0 and 9.48.280, no person shall sell,
offer for sale, solicit the sale of, announce by any means the
availability of any goods, wares, or merchandise on any street on
a parade route or park adjacent thereto, or within fifty (50) feet
of the curbline of the roadway of a parade route.
9.48.270 VENDORS ON CERTAIN PARTS OF SIDEWALK OR PARADE
ROUTE. Conduct prohibited by Section 9.48.260 shall not be
unlawful if engaged in by persons on foot and within that portion
of a sidewalk located more than five (5) feet from the curbline or
within that portion of an intersecting roadway located more than
five (5) feet from the prolongation of the curbline, provided all
proper business licenses and permits have been obtained.
9.48.280 VENDING ON PRIVATE PROPERTY. Conduct
prohibited by Section 9.48.260 shall not be unlawful if such
activity occurs on private property along a parade route, and all
proper business licenses and permits are presented upon demand to
a peace officer and consent of the private property owner has been
obtained.
9.48.290 PARKING OF VENDING VEHICLES. No person shall
stop, let stand, or park any vehicle, wagon, or pushcart for the
purpose of selling, or offering for sale therefrom, any goods,
wares or merchandise on any street on a parade route.
9.48.300 VIOLATIONS - PENALTY. A violation of the
vending permit requirement pertaining to this section shall
constitute a misdemeanor and is punishable by imprisonment in the
county jail not exceeding six months, or by a fine not exceeding
$500 nor less than $100, or by both.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the
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validity of the remaining portions of this ordinance. The City
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Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions, or
amendments be declared invalid or unconstitutional.
SECTION 4. This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
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Huntington Beach at a regular ;meeting thereof held on the 19th
day of May 1986.
Mayor
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ATTEST: APPROVED AS TO FORM:
t
City Clerk �. City Attorney
REVIEWED APPROVED: INITIATED AND APPROVED
City Admi istrat Pol ce Chief
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Ord. No. 2841
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 5th day of May
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 19th day of MAY 19 86 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, Finley, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
MacAllister
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
Huntirwton Beach and ex•ofticio Clerk of the City
Council, do hereby certify that a synapsis of this
ordinance has been published in Use Huntington
Beach Iridependent on 1
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In accordance with the City Charter of said C;ty,
MCA M. W£NTWORTH
'City Clerk