HomeMy WebLinkAboutOrdinance #3363 ORDINANCE NO. 3363
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 9.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO DISORDERLY PERSONS
WHEREAS, cities have the general police power to prohibit the consumption of alcohol in public;
and
The City of Huntington Beach has prohibited the consumption of alcohol in public, but has
experienced problems in prosecutions by not having a clear definition of what constitutes a "public
place;" and
For purposes of the state's criminal laws, "public place" has been held to include areas in front of
a house,whether it was a driveway, porch or lawn area (People v. Olson (1971) 96 Cal. Rptr. 132); a
hallway in a multiple dwelling (People v. Perez(1976) 134 Cal. Rptr. 338); and parked cars (People v.
Norris (1979) 152 Cal.Rptr. 134); and
The City Council finds that the early and continued consumption of alcohol in public places on
past July 4 holidays has led to civil unrest, riot, and the destruction of public and private property,
particularly in the area generally bounded by Beach Boulevard on the east, Yorktown Avenue on the
north, Goldenwest Street on the west, and Pacific Coast Highway on the south, and that a compelling
governmental interest and rational basis exists to provide laws to avoid such civil unrest. Lawful
occupiers and their invited guests shall only be subject to the regulation of alcohol consumption on or
about Independence Day, pursuant to Huntington Beach Municipal Code Section 9.44.015,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. That Section 9.44.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.44.010 General: Drinking in public places. No person shall drink any malt, spirituous or vinous
liquor containing more than one-half of 1 percent of alcohol by volume, upon any public streets,
alleys, sidewalks, parkways, playgrounds, parking lots open to the public, public parks, public
school grounds, and public recreation areas within this city.
SECTION 2. That Section 9.44.015 is hereby added to Chapter 9.44 of the Huntington Beach
Municipal Code, said section to read as follows:
9.44,015 Regulation of Alcohol Consumption on or about Independence Day.
(a) Consumption in Public-Prohibited
In those areas of the City and on those dates set forth in Section (b) below, no person
shall drink, or otherwise consume, any malt, spirituous or vinous liquor or beverage of
any nature containing more than one-half of 1 percent of alcohol by volume, upon any
public street, alley, sidewalk, path, parkway, park, beach, pier, parking lot or parking
facility or on any public place, unless such person is upon any place for which a
conditional use permit or special permit has been issued by the City of Huntington Beach
permitting alcohol consumption. This ordinance shall also apply to lawful occupiers and
their invited guests who consume alcohol in a public place as defined in Huntington
Beach Municipal Code Section 9.44.015(c) below.
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(b) This section shall only be in effect between 12:00 noon PST on July 3, 1997 and 12:00
noon PST on July 6, 1997, and shall apply only to that area of the City bounded by
Pacific Coast Highway on the south, Beach Boulevard on the east, Yorktown on the
north and Goldenwest Street on the west.
(c)
(1) Definitions.
A. "Public place" for purposes of this section, Section 9.44.015, shall mean and
include any place or location, whether on private or public property:
W to which the general public is invited or to which the general public has
access;
(ii) which abuts any public right-of-way or publicly owned property.
B. "Public Place"for purposes of this section also means any unenclosed ground
level private yard, walkway, portion of outside steps, or driveway, where no
permanent physical barrier serves to fully restrict access to that area. An open
garage which directly abuts a public right of way will be considered public for
purposes of this section, as will any ground level entranceways immediately in
front of a residence, such as a cement slab, provided that it is not fully enclosed
by a permanent physical barrier.
C. "Permanent physical barrier" means a permanent enclosure with a gate or door,
over 2 feet in height, which physically restricts all access, such as a fence with a
closed gate, unbroken hedging with a closed gate, walls or like-structures with a
means of fully restricting access.
D. "Lawful occupier"shall mean any person who has a lawful right to be on a
premises, such as tenants, owners of property, and invited guests.
(2) Exceptions
"Public place" shall not include any of the following:
(i) the interior of any privately owned buildings or residences;
(ii) patios, back or side yards or private vessels which abut a private or
public beach, marina, dock or waterway;
(iii) enclosed back or side yards or patios which do not abut a public street,
sidewalk, or alley;
(iv) decks, balconies, or porches, grass or lawn areas, or garden areas,
separated from the abutting public sidewalk, street or alley, by a
permanent gated fence or enclosure at least two (2) feet in height,
provided that the enclosure or fence, including a gate or gates, fully and
completely encloses the area parallel to which the property line abuts
the public sidewalk, street or alley, and parallel to the side property lines
to a point which connects to the residence or building or connects with a
deck, balcony or porch.
(v) An open area surrounded by a wall or similar structure of 5 feet in height
or greater, with an aperture of 4 feet or less for foot traffic.
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(vi) Balconies or fully elevated porches, separated from the yard area by
stairs.
SECTION 3. That Section 9.44,040 of the Huntington Beach Municipal Code is hereby
repealed.
SECTION 4. 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 decision shall not affect the validity of the remaining portions of this ordinance. The
City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional
SECTION 5. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2nd day of June , 1997.
ATTEST:
� Mayor
City Clerk APPROVED AS TO FORM AND CONTENT:
c
REVIEWED AND APPROVED: p-1
Attorney
City Adf6inistrator INITAqND AND AP PR D:
alice Chief
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Ord. No. 3363
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 19th of May, 1997, and was again read to said
City Council at a regular meeting thereof held on the 2nd of June, 1997, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Julien, Dettloff, Bauer, Green
NOES: Harman, Sullivan, Garofalo
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-of£icio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
Y>�2 9- 119
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway City Clerk of the City Council of the City
Deputy Qy Clerk of Huntington Beach, California
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6/3/97