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HomeMy WebLinkAboutOrdinance #3964 ORDINANCE NO 3964 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 13 10 TO THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CAMPING IN PUBLIC AREAS The City Council of the City of Huntington Beach does hereby ordain as follows SECTION 1 Section 13 10 010 of the Huntington Beach Municipal Code is hereby added to read as follows 13.10.010 Purpose and Intent. The Public Parks, Beaches, Streets, Sidewalks and other Public Areas should be readily available and accessible to residents and the public at large for their intended purposes The purpose of this Section is to maintain Public Areas within the City in a clean, sanitary, safe, attractive and accessible condition, and to protect the health, safety, environment and general welfare of the community The use of Public Areas for camping interferes with the rights of others to use and enjoy those areas as they are intended SECTION 2 Section 13 10 020 of the Huntington Beach Municipal Code is hereby added to read as follows 13.10.020 Definitions. For the purposes of this Chapter,the following terms shall have the meanings set forth,unless the context in which they are used clearly indicates to the contrary (a) "Camp" or"Camping"means to reside in or use any public area for living accommodations or lodging purposes, for temporary, prolonged or repeated periods of time, not associated with the ordinary use of such public area, with one's possessions or while storing one's possessions, which include but are not limited to,tents, huts,temporary shelters, hammocks, tarpaulins, costs, beds, sleeping bags, bed rolls, mattresses, bedding, backpacks, luggage carts, cooking equipment and/or cookware These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the public area as a place of living or lodging accommodation, regardless of the person's subjective intent or the nature of other activities in which the person might also be engaged (b) "Civic Center"means the area in the City of Huntington Beach, County of Orange bounded by Lake Street on the east, Yorktown Avenue to the north, Main Street on the west, Utica Avenue on the south, and Park Street on the east and south between Utica Avenue and Lake Street (c) "Park"means the same as set forth in Section 13 48 010(g) of this Code (d) "Public Area" means any public place, including, but not limited to,public streets, sidewalks and alleyways, public parking lots, whether publicly or privately owned, pubic parks and 12-3420/82688 doc 1 Ordinance No. 3964 playgrounds, public beaches, piers and plazas, public landscaped areas, and other publicly- owned property "Public Area" shall not include any area designated as a public campground pursuant to federal, state or local statute, ordinance or resolution. (e) "Store" or "Storage"means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave at a location (f) "Street"means the same as defined in the Vehicle Code SECTION 3 Section 13 10 030 of the Huntington Beach Municipal Code is hereby added to read as follows 13.10.030 Unlawful Camping in Public Places. It shall be unlawful for any person to camp in the following areas, except as otherwise allowed (a) Any Public Area, (b) Civic Center SECTION 4 Section 13 10 040 of the Huntington Beach Municipal code is hereby added to read as follows 13.10.040 Unlawful Storage of Personal Property in Public Places. It shall be unlawful for any person to store personal property in the following areas, except as otherwise allowed (a) Any Public Area, (b) Civic Center SECTION 5 Section 13 10 050 of the Huntington Beach Municipal Code is hereby added to read as follows 13.10.050 Violations—Penalty. Any person who violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in this Code 12-3420/82688 doc 2 Ordinance No. 3964 SECTION 6 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 19 t h day of November , 2012 "Wz> - //— Mayor ATTEST APPROVED AS TO FORM Qke—m)— c City Clerk ty Attorney bl b j W tZ REVIE o MD APPROVED INITIATED AND APPROVED r'12— VWager Police Chief 12-3420/82688 doc 3 Ord. No. 3964 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 November 05,2012, and was again read to said City Council at a Regular meeting thereof held on November 19,2012, 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 November 29,2012 In accordance with the City Charter of said City Joan L Flynn,City Clerk Cit lerk and ex-officio C k senior Deputy City Clerk of the City Council of the City of Huntington Beach, California