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HomeMy WebLinkAboutOrdinance #3607 ORDINANCE NO. 3607 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.28 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CAMPER FACILITIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That sections 13.28.100, 13.28.170, 13.28.190, 13.28.260 and 13.28.290 are deleted in their entirety. SECTION 2. That section 13.28.005 is hereby added to Chapter 13.28, said Section to read as follows: 13.28.005 Definitions. For the purposes of this Chapter the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates to the contrary: (a) "Alcoholic beverage" includes alcohol, spirits, liquor, wine,beer and every liquid or solid containing alcohol, spirits,wine or beer and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. (b) "Director" refers to the Director of the Community Services Department and/or his/her designee. (c) "Occupied" means used for the purpose of protecting human beings from wind, sun, rain or public view. (d) "Person" means any individual, firm, copartnership,joint venture, association, social club, fraternal organization, corporation or any other group or combination, acting as a unit. SECTION 3. Section 13.28.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.010 Established--Availability. There is established a City Camper Facility, open for term parking generally from September until May of each year and for en route camping generally from June to September of each year, unless otherwise authorized by the Director for reasons of public safety, current parking conditions or construction projects. Said facility will be located within the Beach Parking Lot between First and Huntington Streets. 0 1 ord/mc 13-28 ord/5/2/02 1 Ordinance No.3607 SECTION 4. Section 13.28.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.020 Fees and rules adopted. Fees for and rules governing the use of the City Camper Facility shall be determined by resolution of the City Council. SECTION 5. Section 13.28.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.030 Reservations--Deposit. (a) Reservations for campsites may be made by applying to the Director not more than one calendar month prior to the time of desired occupancy. (b) Applications for reservation shall be accompanied by a deposit in the amount of the daily fee as set by resolution, refundable when reservation has not been confirmed or accommodation is not available. SECTION &. Section 13.28.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.050 Occupancy. A campsite shall be considered occupied or reserved for camping purposes upon payment of the appropriate fee within the time limit specified in this Chapter. No person shall take possession of any campsite after notification by a City employee that such site is already occupied or reserved. SECTION 7. Section 13.28.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.070 Time limit. In order to afford the general public the greatest possible use of the City Camper Facility, continuous occupancy by the same person or group of persons of any campsite shall be limited to fourteen days maximum within any calendar month during the established term parking period, and to one consecutive night only during en route camping periods. SECTION 8. Section 13.28.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.080 Checking,out. Occupants shall remove all personal property and vacate campsites prior to 12 p.m. on the last day of reservation during term parking and at 8 a.m. during en route camping periods. Campsites shall be left in a neat, orderly condition. SECTION 9. Section 13.28.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.090 Vehicle restrictions. Any camper, trailer or motor home over twenty-five (25) feet in length shall park in assigned areas designated for that purpose only. Olord/=13-28 ord/5/2/02 2 Ordinance No.3607 SECTION 10. Section 13.28.110 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.110 Overnight camping�in daytime areas. When authorized by the Director, overnight camping may be permitted from time to time in portions of the City Camper Facility designated as daytime areas. Use of such daytime areas for overnight camping shall be subject to fees established by the City Council, subject to restrictions as to use, occupancy and entry into and of only such portions as may be specified by the Director. SECTION 11. Section 13.28.120 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.120 Facility_deemed City property. All property within the City Camper Facility is declared City property, devoted to the public use and enjoyment, subject to all laws and regulations applicable thereto, and no person may, by prescription or adverse possession, obtain any right therein. SECTION 12. Section 13.28.130 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.130 Plants.No person shall pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn or carry away any tree or plant or portion thereof, including, but not limited to, leaf mold, flowers, foliage, turf,humus or shrubs in City Camper Facility. SECTION 13. Section 13.28.140 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.140 Disturbing City property.No person shall disturb, destroy, remove, deface or injure any property of the City.No person shall cut, carve,paint, mark, paste or fasten on any tree, fence, wall, building,monument or other property in the City Camper Facility any bill, advertisement or inscription. SECTION 14. Section 13.28.150 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.150 Rubbish.No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, wastepaper, cans or other rubbish in any place in the City Camper Facility except in a receptacle designated for that purpose. No person shall bring in or deposit any rubbish from outside the City Camper Facility in or on any part of such facility. SECTION 15. Section 13.28.,"1160 of the Huntington Beach Municipal Code is hereby amended to read as follows: 01ord/mc13-28 ord/5/2/02 3 Ordinance No.3607 13.28.160 Fires.No person shall light, build, use or maintain a fire within the City Camper Facility except in an approved, self-contained barbecue,maintained within the designated camping space. SECTION 17. Section 13.28.180 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.180 Firearms prohibited.No person shall carry or possess a firearm within the camper facility, nor shall any person discharge across, in or on any part of the City Camper Facility any firearm; bow and arrow, air or gas weapon, or any device which discharges a missile and is capable of injuring or killing any animal or damaging or destroying any public or private property. SECTION 18. Section 13.28.200 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.200 Hours of operation. Entry into the City Camping Facility will be accommodated daily between 7 a.m. and 9 p.m. No campsites will be rented after 9 p.m. SECTION 19. Section 13.28.210 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.210 Curfew imposed. (a) The Director may from time to time declare curfew for minors in any part of the City Camper Facility upon finding that conditions therein warrant special measures for the protection of such minors and others, and for the safety and welfare of the general public. (b) Such curfew shall be posted and shall state the specific location, if applicable, and the period of time during which such curfew shall remain in effect. (c) During the period any curfew has been declared, no minor shall enter or remain in the City Camper Facility, or portion thereof declared to be under curfew except: (1) One who is accompanied by a parent or guardian; or (2) One who is part of a group occupying a campsite, accompanied and supervised by one responsible adult for every eight minors in such group. SECTION 20. Section 13.28.230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.230 Sanitation and appearance. (a) To maintain a sanitary condition and an orderly appearance, and to protect the resources of the City Camper Facility area, the Director may specify size, type and 0 1 ord/mc13-28 ordl5/2/02 4 Ordinance No.3607 arrangement of camping equipment and the number of persons permitted in such areas, and no equipment shall be brought into, kept, used or arranged except under the direction and supervision of the Director. No person shall hang, drape or display any towels or clothing of any type outside any camper, trailer, or mobilehome or in a manner which exposes such articles to the public view. (b) No waste, water, sewage or effluent from sinks, portable toilets or other plumbing fixtures shall be deposited directly on or into the surface of the ground or water. All sewage outlets on campers, trailers or mobilehomes must be securely capped at all times while in the City Camper Facility except when disposing waste in the facility outlet provided therefor. Posted waste disposal guidelines must be adhered to at all times. SECTION 21. Section 13.28.240 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.240 Speed_of vehicles. No person shall drive a vehicle within the City Camper Facility at a speed greater than is reasonable or prudent, having due regard for the traffic on,the surface and width of the road, and the safety of persons, property and wildlife; provided that in no event shall a vehicle be driven at a speed over ten miles an hour in such facility. The use of any vehicle including motorcycles and scooters for purposes of speed exhibitions and joy riding is prohibited. SECTION 22. Section 13.28.250 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.250 Vehicles--Confined to roads. Operation of vehicles in the City Camper Facility shall be confined to roads, driveways, parking areas or other areas designed to accommodate such vehicles. No privately-owned vehicle shall be operated on any road which has been designated closed to traffic. SECTION 23. Section 13.28.270 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13,28.270 Parking areas. The Director may restrict the parking or standing of vehicles on certain highways, driveways, paths or grounds, or portions thereof, in the City Camper Facility during all or certain hours of the day, and any vehicle parked or left standing in violation of such restriction may be removed by a City Peace Officer. SECTION 24. Section 13.28.280 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.280 Commercial vehicles. No commercial vehicles shall be operated inside the City Camper Facility except for the purpose of delivering merchandise or servicing equipment in such facility, or for emergency purposes. Other commercial vehicles may be granted admission by the Director for a special activity not inconsistent with camper facility use. 0 1 ord/mc 13-28 ord15/2/02 5 Ordinance No.3607 SECTION 25. Section 13.28.300 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.300 Camping outside designated areas. No person shall camp in any part of the City Camper Facility except in areas designated and marked for such purpose, and no minor shall camp in any part of the camper facility unless accompanied by a parent or guardian, or as part of a group occupying a campsite, accompanied by and supervised by one responsible adult for every eight minors in such group. SECTION 26. Section 13.28.310 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.310 Parking_provisions. With reference to the City Camper Facility area, as to any provisions of the Huntington Beach Municipal Code Chapter 13.08.300 which are inconsistent with the provisions of this chapter,the provisions of this chapter shall prevail. SECTION 27. Section 13.28.320 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.28.320 Alcoholic beverages. Notwithstanding the provisions of sections 13.08.090 and 13.08.100(g) of this code, any occupant of a campsite, twenty-one (21) years or older, may possess alcoholic beverages within the confines of such campsite during specified camping periods. SECTION 28. That section 13.28.330 is hereby added to Chapter 13.28, said Section to read as follows: 13.28.330 Enforcingo . This Chapter shall be enforced by the Director, as well as by Peace Officers having jurisdiction of any area in which a violation of any provision of this title takes place. SECTION 29. That section 13.28.340 is hereby added to Chapter 13.28, said Section to read as follows: 13.28.340 Violation--Penalty. Any person violating any provision of this Chapter shall, upon conviction,be guilty of a MISDEMEANOR, and subject to a fine of not more than five hundred ($500) or be imprisoned for a period not to exceed six (6) months, or by both such fine and imprisonment. SECTION 30. That section 13.28.350 is hereby added to Chapter 13.28, said Section to read as follows: 13.28.350 Violation--Alternative remedies. Any violation of any provisions of this Chapter shall subject the violator to ejection from the premises of the area in which violation occurs. 01ord/=13-28 ord/5/2/02 6 ordinance No. 3607 SECTION 31.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 5 th day of may , 2003. - r Mayor ATTEST: APPROVED AS TO FORM: ity Clerk City Attorney �' 63 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad inistrator irector o Communi Services 0 1 ord/mr 13-28 ord/5/2/02 7 Ord. No. 3607 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 21st day of April, 2003, and was again read to said City Council at a regular meeting thereof held on the 5th day of May 2003, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on Pbl 2001 In accordance 'th the City Charter of said City Connie BrockwAy, Cily Clerk City Clerk and ex-officio Clerk PiUAL Dew Dewtv City Clerk of the City Council of the City of Huntington Beach, California