HomeMy WebLinkAboutOrdinance #3978 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING CHAPTER 2.06 RELATING TO CAMPAIGN DOCUMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 2.06,to read as follows:
Sections: Campaign Documents
2.06.010 Findings& Purpose
2.06.020 Definitions
2.06.030 Filing
2.06.040 Public Record
2.06.050 Application
2.06.060 Penalties
2.06.010 Findings and Purpose. The City Council finds and declares as follows:
A. Elections are susceptible to the dissemination of campaign literature known as
"hit pieces." These documents are sent to voters in the later stages of a campaign, typically
contain personal attacks on candidates or the proponents/opponents of measures and frequently
misrepresent a candidate's position on issues or the true impact of a measure.
B. Prompt public disclosure of the contents of last minute campaign documents
including hit pieces will allow for the discussion of important issues and the conduct of fair
elections by: (1) offering the candidate attacked an opportunity to accurately represent his or her.
position on issues; (2) offering opponents or proponents the opportunity to respond to statements
about a measure that are untrue or believed to be untrue; and (3)providing an opportunity for a
candidate, proponent or opponent to disavow the contents of any campaign document that he or
she believes represents an unfair, untrue or improper attack on any person.
C. The requirement for prompt disclosure of last minute campaign documents is
content neutral, serves compelling municipal interests in fair elections and full discussions of
relevant issues, and is the least intrusive method available to further these interests.
2.06.020 Definitions. For the purposes of this Chapter,the following terms shall have the
meaning specified in this Section:
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Ordinance No. 3978
A. "Campaign document" means any writing or document which supports, opposes
or relates to any candidate or measure.
B. "Candidate" means any individual who is listed on the ballot or who has qualified
to have write-in votes on his or her behalf counted by election officials for the City of
Huntington Beach.
C. "Distributing" or"Distribution" shall mean mailing via U.S. mail or passing out
any campaign document to any person.
D. "Measure" means any initiative, referendum, charter amendment or other
proposition which is listed on the ballot for any general or special municipal election and which
is being voted on only in the City of Huntington Beach.
E. "Person" includes any individual, proprietorship; firm, partnership,joint venture,
syndicate, business trust, company, corporation, association, committee, and any other
organization or group of persons acting in concert.
2.06.030 Filing. Any person distributing one thousand(1,000), or more, substantially similar
campaign documents within thirty(30) days of any general or special municipal election shall,
within one business day of first distribution, transmit two (2)copies of the campaign document
to the City Clerk for the City of Huntington Beach.
2.06.040 Public Record. Campaign documents filed with the City Clerk shall be a matter of
public record. The City Clerk shall make available, upon the request of any person appearing at
the office of the City Clerk during normal business hours, a copy of campaign documents filed
with the City Clerk.
2.06.060 Penalties. Any violation of this chapter shall be punishable by:
(a) Administrative Citation. Violation of this Chapter is subject to the issuance of an
administrative citation under the provisions of Chapter 1.18 of this Code. An operator
may be cited for violations occurring on the premises in their presence or for knowingly
permitting violations of this Chapter.
(b) Civil Action. The City Attorney may institute an action in any court of competent
jurisdiction, including an action to abate a nuisance, to restrain, enjoin, or abate the
condition(s)found to be in violation of the provisions of this Chapter, as provided by law.
(c) It shall be a'violation of this Chapter for any principal, including but not limited to any
operator, to permit, procure, counsel or assist any agent of that principal, including but
not limited to an employee or independent contractor, to violate any provision of this
Chapter.
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Ordinance No. 3978
SECTION 2: Severability: Should any section, paragraph, sentence or word of this
Ordinance be declared, for any reason,to be invalid, it is the intent of the Council that it would
have passed all other portions of this Ordinance independent of the portion declared invalid.
SECTION 3. Savings Clause. Neither the adoption of this ordinance nor the repeal of
any other ordinance of the City shall, in any manner, affect the prosecution for violations of
ordinances committed prior to the effective date of the adoption or repeal, nor be construed as a
waiver of any of the penalty of penal provisions applicable to such violation. The provisions of
this ordinance, to the extent they are substantially the same as ordinances previously adopted by
the City and relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. 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 20th day of May , 2013.
ATTEST:
Mayor
City Clerk
REVIEWED, INITIATED AND APPROVED
REVI APPROVED: AS TO FORM:
t nager ,?Q City Attorne
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Ord. No. 3978
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 May 6, 2013, and was again read to said City Council at a
Regular meeting thereof held on May 20, 2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Boardman, Shaw
NOES: Harper, Carchio, Katapodis
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 May 30,2013.
In accordance with the City Charter of said City ��2i
Joan L. Flynn.City Clerk CityVlerk and ex-officio C1 k
Iola,AA'A' 426 Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California