HomeMy WebLinkAboutOrdinance #3578 ORDINANCE NO. 3578
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO CHAPTER 9.07,
PROHIBITING AERIAL ADVERTISING
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Statement of Legislative Intent.
In recent years, the City of Huntington Beach ("City") has received a number of
complaints from its residents concerning the presence of an increasing number of small,
single-engine planes towing banners advertising any number of political, commercial,
religious,public interest or personal messages. These planes constantly overfly certain
areas of the City including, but not limited to, Golden West College,the southeast area of
the City, the City's downtown area and'the City's beaches adjacent to the Pacific Ocean.
These planes are noisy, fly at very low altitudes and pollute the air. Many times their
engines sputter as these planes attempt to tow banners larger in size than the planes
themselves. In addition to concerns regarding noise, aesthetics, and air pollution, these
planes could crash into populated areas of the City, including the beaches and the Pacific
Ocean where sunbathers or swimmers are present. In the recent decision of Skysign
.International, Inc. v. City and County of Honolulu, 276 F.3d 1109(9" Cir. 2002), the
federal appellate court upheld the validity of a similar Honolulu ordinance against an
attack that it was preempted by federal law and by Federal Aviation Administration
regulations. Pursuant to its constitutional police power, as well as its constitutional
power as a chartered city, the City (acting through its City Council) enacts this ordinance
into law in order to protect the safety, health and welfare of not only its residents, but also
of all other persons who work in or visit the City.
SECTION 2. The Huntington Beach Municipal Code is hereby amended by
adding thereto Chapter 9.07, to read as follows:
Chapter 9.07
AERIAL ADVERTISING PROHIBITED
Sections:
9,07,010 Definitions
9.07.020 Aerial Advertising Prohibited
9.07.030 Violation—Penalty
02ord/chap 9.07 1
Ord. No. 3578
9.07.010 Definitions
For the purposes of this chapter:
(a) The word"advertising"means the act of calling or attracting the public's attention
to an event,person, persons, group, organization, cause, calling, product or business.
(b) The term "sign or advertising device,"means and includes, but is not limited to, a
poster, banner, writing, picture, painting, light, set of lights, display, emblem, notice, illustration,
insignia, symbol or any other form of advertising sign or device.
(c) The word"person" means, but is not limited to, an individual, general partnership,
limited partnership, limited liability company,unincorporated association, for-profit corporation
or non-profit corporation.
9_07.020 Aerial Advertising Prohibited.
(a) Except as allowed under subsection(b), no person shall, within or above the
boundaries of the City of Huntington Beach, operate or use, or cause to be operated
or used, any type of aircraft or other self-propelled or buoyant airborne object to
display in any manner or for any purpose whatsoever any sign or advertising device.
(b) Exceptions.
(1) Subsection (a) of this section shall not prohibit the display of any identifying
mark,trade name, trade insignia, or trademark on the exterior of an aircraft or
self-propelled or buoyant airborne object if the displayed item is under the
ownership or registration of the aircraft's or airborne object's owner.
(2) Subsection (a) of this section shall not prohibit the display of a sign or
advertising device placed wholly and visible only within the interior of an
aircraft or self-propelled or buoyant airborne object.
(3) Subsection (a) of this section shall riot apply to the display of a sign or
advertising device when placed on or attached to any ground, building, or
structure and subject to regulation under Chapter 233 of Title 20 of this code.
Such a sign or advertising device shall be permitted,prohibited, or otherwise
regulated as provided under the aforementioned Chapter 233.
9.07.030 Violation—Penalty. Any person violating any provision of this chapter shall be
guilty of either a misdemeanor or an infraction., and upon conviction thereof shall be
punished according to the provisions of Chapter 1.16 of the Huntington Beach Municipal
Code. Pursuant to Section 1.16.045 of said Code, the City Attorney has the discretion to
file a complaint charging a violation of this chapter as either a misdemeanor or an
infraction.
02ord/chap 9.07 2
Ord. NO. 3578
SECTION 2. This ordinance shall take effect 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 16th day of September 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
LA—�j 4atj colt�
Cit Clerk o9-11-s2 y � City Attorney
REVIEWED AND APPROVED: ITIATED AND APPROVED:
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City Ad istrator CitY q rney
02ord/chap 9.07 3
Ord. No. 3575
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 3rd day of September,2002, and was again read
to said City Council at a regular meeting thereof held on the Idth day of September,
2002, and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Dettloff,Boardman, Cook,Houchen, Winchell
NOES: Green, Bauer
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Cleric of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent an `y/f'J��✓ ��'��"""'`_'
a b , 2002
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
Devuty City Clerk of Huntington Beach, California