HomeMy WebLinkAboutOrdinance #3930 ORDINANCE NO. 3930
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.08 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO BEACH REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 13.08.005 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.005 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) "Beach" includes that strip of land owned and/or operated by the City of Huntington
Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean
high tide line of the Pacific Ocean. "Beach" also includes that portion of the State
Beach(Bolsa Chica) which the City operates pursuant to an operating agreement
with the State of California. "Beach" also includes that strip of land owned,
controlled and/or operated by the City of Huntington Beach lying from and including
Anderson Street to the north, Warner Avenue to the south, the mean high tide line of
the Pacific Ocean and the west legal property line of adjoining residential properties
which are on South Pacific Avenue, excluding the street appendages that extend
west of South Pacific Avenue.
(c) "Beach Parking Lot"means roads, driveways or parking area to service the Beach,
Pier or Pier Plaza, excluding those areas located on a street or highway.
(d) "Beach Service Road"means the paved roadway on the Beach that extends from
Beach Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway
nearest to the shoreline of the Pacific Ocean.
(e) "Director" refers to the Director of the Community Services Department and/or
his/her designee.
(f) "Occupied" means used for the purpose of protecting human beings from wind, sun,
rain or public view.
(g) "Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out
from the mean high tide line, parallel to the three miles out from the Beach whether
or not the lands lying under said tidal waters are privately owned or publicly owned
including but not limited to the Water Activity Zone.
09-2351.008/73040 1
Ordinance No. 3930
(h) "Person" means any individual, firm, copartnership,joint venture, association, social
club, fraternal organization, corporation or any other group or combination, acting as
a unit.
(i) "Pier"means the appurtenance beginning at the intersection of Pacific Coast
Highway and Main Street on the Beach, which is a platform extending into the
Pacific Ocean and supported by piles or pillars.
(j} "Pier Plaza" means the developed area on the Beach immediately north and south
adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots
adjacent thereto.
(k) "Smoke or smoking" means the carrying or holding of a lighted pipe, cigar,
cigarette, or any other lighted smoking product or equipment used to burn any
tobacco products, weed, plant, or any other combustible substance. Smoking
includes emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other
lighted smoking equipment used for burning any tobacco product, weed, plant, or
any other combustible substance.
(1) "Water Activity Zone"means the area that extends 1,000 feet seaward into the
Pacific Ocean from the mean high tide line.
(m) "Wheeled conveyance" shall include, but not be limited to: automobiles, bicycles,
skateboards, rollerblades, rollerskates, and strollers.
SECTION 2. Section 13.08.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.060 Fires. No person shall light, kindle, set or maintain fires or coals thereon, except in the
City provided fire rings or in self-contained BBQ's kept within six (6) feet of a City provided fire
ring, except by permit issued by the Director. Disposable heating BBQ materials shall not be
deposited anywhere except within the inside perimeter of the City provided fire ring. The heating
element of self-contained BBQs must be raised at least eighteen (18) inches above the surface of the
sand.
SECTION 3. Section 18.08.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.070 Does and other animals.
(a) No person having the care, charge or control of any animal, domesticated or wild,
shall permit or allow said animal to be, under any circumstances or conditions, on
the pier or on or upon that Beach area bounded by the Beach Service Road and the
Pacific Ocean, including the Water Activity Zone, unless it is a guide dog, signal
dog or service dog as defined in Penal Code Section 365.5, except that upon those
Beach areas, and the Water Activity Zone, located north of the line created by
extending the northern curb line of 22nd Street to the Pacific Ocean to Seapoint
Avenue, wherein dogs constrained by a leash no longer than six (6) feet in length are
permitted.
09-2351.008/73040 2
Ordinance No. 3930
(b) No person shall permit any animal, domesticated or wild, to be left unattended on the
Beach.
SECTION 4. Section 13.08.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.080 Soliciting. No person shall engage in the business of soliciting, distributing, selling or
peddling any liquids or edibles for human consumption, or to hawk,peddle or vend any goods,
wares or merchandise on the Beach, except pursuant to a permit issued by the Director. No person
shall give, set up or maintain any exhibition, show performance, concert, lecture, entertainment or
similar activity on the Beach without written permission to do so from the Director. No person
shall for profit offer sports camps, sports lessons or other similar activity on the Beach or in the
Water Activity Zone without the written permission of the Director.
SECTION 5. Section 13.08.120 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.120 Hazardous water sports. The following regulations shall apply to water sports:
(a) In order to protect the public health, safety and welfare, the Director shall set the
hours and areas during which no person within the Water Activity Zone, based on
prevailing weather, water conditions, density of use and/or other hazard inducing
conditions, shall use or have in his possession any surfboard, wind surfboard,
paddleboard, bodyboard, skimboard, canoe, boat or any similar object made entirely
or partially of wood, metal, hard plastic or any other hard substance, or which
exceeds four (4) feet in any dimension.
(b) The Director shall give notice of the time and area during which hazardous water
sports, as defined by Section 13.08.120 (a), are prohibited. Such prohibition shall be
effective when a yellow flag or sign having a solid black circle in the center,
commonly known as a "black ball" flag or sign is prominently displayed from a
lifeguard tower, station, Pier or similar structure.
(c) During the times the "black ball" flag or sign is displayed, only swimming and
bathing shall be permitted in the Water Activity Zone within two hundred yards of
the point of the display of the "black ball" flag or sign. )
(d) No person shall fail, refuse or neglect to leave the Water Activity Zone when such
restriction and prohibition, as set out in this section, are in force.
(e) Notwithstanding any provision of this section, the Director or his/her authorized agent, may
from time to time designate by permit, certain areas to be used exclusively for an event.
Such designation may be revoked at any time and the area covered by such designation may
be enlarged or reduced at any time. No person shall enter in such area so designated except
while participating in the permitted special or specific event.
09-2351.008/73040 3
Ordinance No. 3930
SECTION 6. Section 13.08.240 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.240 Curfew.
(a) Except as otherwise specified, no person shall be on the Beach or the Beach area
bounded by the Beach Service Road and the Pacific Ocean including the Water
Activity Zone between the hours of 10:00 p.m. and 5 a.m. except upon official
business of the City or by permit issued by the Director. In the event of special
circumstances so warranting, the Director, in his/her judgment, is authorized and
empowered to modify temporarily the hours during which the Beaches are closed.
Said modification to be filed with the City Administrator at least ten days prior to the
requested date and posted conspicuously.
(b) Pier and Pier Plaza Curfew. No person shall remain on or upon the Pier or Pier Plaza
between the hours of midnight and 5:00 a.m. except by permit issued by the Director.
SECTION 7. 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 17 trl day of January , 20 12
Mayor
ATTEST: A>POVED AS TO FORM:
City Clerk City A4torney LJ
REVIE D APPROVED: INITIATED AND APPROVED:
C�yjnager C' y Attorney
09-2351.008/73040 4
Ord. No. 3930
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 December 19, 2011, and was again read to said City Council at a
regular meeting thereof held on January 17, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,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 January 26,2012.
In accordance with the City Charter of said City
Joan L. Flynn,Cfty Clerk CM Clerk and ex-officio Uerk
r Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California