HomeMy WebLinkAboutOrdinance #4117 ORDINANCE NO. 4117
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 12.32 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO SIDEWALKS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 12.32 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
Chapter 12.32 SIDEWALKS—OBSTRUCTING
12.32.010 Definitions
The following words and phrases when used in Chapter 12.32, and any other Chapter or Section
where these definitions are incorporated by reference, mean as follows:
A. "Aggressive" means approaching, speaking to, or following a person in a
nonconsensual, hostile, or forceful manner as would cause a reasonable person to
fear harm or criminal conduct; or
1. Touching another person without such person's consent in the course of
asking, begging or soliciting alms; or
2. Continuing to ask, beg, or solicit alms from a person after such person has
made a negative response or otherwise indicated a desire not to contribute;
or
3. Intentionally blocking or interfering with the safe or free passage of the
person solicited by any means, including causing such person to take
evasive action to avoid physical contact or preventing such person from
departing the location of the solicitation; or
4. Intentionally following the person solicited, without such person's
consent, for the purpose of continuing to ask, beg or solicit alms after such
person has made a negative response or indicated a desire not to
contribute; or
5. Making any statement, gesture, or other communication which a
reasonable person in the situation of the person solicited would perceive to
be a threat of bodily harm; or
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6. Rendering any service to a motor vehicle, including but not limited to any
cleaning, washing, protecting, guarding or repairing of said vehicle or any
portion thereof, without the prior consent of the owner, operator or
occupant of such vehicle, and thereafter asking, begging or soliciting alms
or payment for the performance of such service, regardless of whether
such vehicle is stopped, standing or parked on a public street or upon other
public or private property; or
7. Intentionally blocking, preventing, impeding or interfering with the free
and unobstructed ability of the person solicited to enter into or emerge
from any vehicle during the course of asking, begging or soliciting alms or
following a negative response by the person solicited to any such
solicitation; or
8. Intentionally blocking, preventing, impeding or interfering with the
operation or movement of any vehicle operated or occupied by the person
solicited, during the course of asking, begging or soliciting alms or
following a negative response by the person solicited to any such
solicitation.
B. "Ask, beg, or solicit alms" includes the spoken, written, or printed word or such
other act conducted for the purpose of obtaining an immediate donation of money
or thing of value, whether for personal use, or as a charitable contribution to any
individual or organization, or for any other purpose.
C. "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.
D. "Beach Parking Lot" means roads, driveways or parking area to service the
each, Pier or Pier Plaza, excluding those areas located on a street or highway.
E. "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.
F. "City building" means any building which is owned or occupied by the City of
Huntington Beach or any of its Departments and which is used for public
purposes.
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G. "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.
H. "Downtown Huntington Beach" means Districts 1, 2, and 3 of the Huntington
Beach Downtown Specific Plan, which are depicted below:
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I. "Enclosed Area" means an area which is substantially surrounded by a fence,
ditch, wall or other barrier so as to limit access to a relatively few points around
the area.
J. "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.
K. "Pier Plaza" means the developed area on the each immediately north and south
adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking
Lots adjacent thereto.
L. "Public Place" means any of the following:
1. Any area inside a City or School District Building;
2. Any enclosed area outdoors which is owned or occupied by the City of
Huntington Beach and used for public purposes, or which is owned or
occupied by a public school district;
3. Any unenclosed area outdoors, whether such area is publicly or privately
owned or occupied, to which the general public has access and to which,
by right or by express or implied invitation, the general public may resort
for business, pleasure, or other lawful purpose; this category includes, but
is not limited to, publicly owned open areas such as streets, sidewalks,
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parks, beaches, and open areas that may be either public or privately
owned, such as entrance ways, alcoves, yards, and parking lots;
4. Any privately owned walkway, whether enclosed or unenclosed, which is
open to the general public and which, among its principal purposes, serves
to allow pedestrians to pass through or over the premises, without regard
to the pedestrian's destination;
5. Outdoor parking lots, whether publicly or privately owned, which are
adjacent to streets, sidewalks or other public places open to the general
public.
M. "Public Way" means any public place or portion of a public place which serves
primarily for the movement of pedestrian, vehicular, or bicycle traffic from one
area to another; "Public Way" includes, but is not limited to, streets, sidewalks,
bicycle paths, covered or enclosed walkways for pedestrians, and the portions of
the Pier and Pier Plaza set aside for pedestrian or vehicular traffic.
N. "School district building" means any building which is owned or occupied by a
public school district and which is used for public purposes.
O. "Sidewalk" means that portion of a highway, other than the roadway, set apart by
curbs, barriers, markings or other delineation for pedestrian travel.
P. "Street" means a way or place of whatever nature, publicly maintained and open
to the use of the public for purposes of vehicular travel. Street includes highway.
12.32.020 Loitering, Obstructing Free Passage, And Sitting Or Lying Upon The Public
Way
Except as provided in Section 12.32.025 no person, after first being warned by a law
enforcement officer, or where a sign or signs have been posted in accordance with this Chapter,
shall loiter, stand, sit or lie in or upon any Public Way, including any sidewalk, street, curb,
crosswalk, walkway area, mall or that portion of public or private property utilized for public
use; neither shall any person block nor obstruct, nor prevent the free access to the entrance to any
building open to the public.
12.32.025 Fourth Of July Parade Viewing
A. No person shall place on any Public Way or Public Place, public property,
furniture, stakes, rope, ribbon, signs or any other item used to reserve areas for
parade viewing before 7:00 a.m. on July 3rd.
B. No materials used to reserve areas of Public Way or Public Place shall block or
interfere with pedestrian or vehicular traffic, or block those portions of sidewalks
and streets used for the same prior to 6:00 a.m. on July 4th.
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C. Adhesive material, including adhesive tape, is prohibited for use in reserving
space for parade viewing. This prohibition includes, but is not limited to, the use
of tape or other adhesives on trees, poles and signs.
D. No person shall sell, lease, or rent any seat or space Public Way.
E. No person may use any area of the Public Way so as to interfere with any
person's viewing of the parade from a City authorized and approved grandstand.
F. All materials used to designate a private viewing area as described in this Section
shall be removed by 3:00 p.m. on July 4th.
12.32.030 Animals Or Vehicles
No person, after first being warned by a law enforcement officer, or where a sign or signs have
been posted in accordance with the provisions of this chapter, shall ride, operate, walk or park
any motorcycle, horse or other similar object or animal, in or upon any public or quasi-public
sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized
for public use, so as to hinder or to obstruct the free passage of pedestrians thereon, or to create
any hazardous condition thereon.
12.32.040 Sims
Signs posted as provided in this Chapter shall conform to the following requirements:
A. Each sign shall not be less than 22 by 30 inches;
B. Colors of such signs shall be optional;
C. All signs shall be clearly visible to persons in restricted locations;
D. Signs shall have the word "WARNING" two inches in height, and all other
lettering shall be at least 5/8 inches in height;
E. Signs shall be posted every 100 feet;
F. The following wording shall appear on each sign:
WARNING
Obstruction of pedestrian traffic in this area by persons loitering, standing, sitting,
lying or by riding, operating, walking or parking any motorcycle, bicycle, horse or
similar objects or animals is prohibited and punishable as a MISDEMEANOR.
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12.32.050 Driving Over Unprotected Sidewalk
No person shall drive any wagon or other vehicle over, along or across any cement or other
improved sidewalk or curb unless planking is laid thereon in such manner as to protect such
sidewalk or curb.
12.32.060 Paved Sidewalk Crossing Excepted
The provisions of Section 12.32.050 shall not apply to the driving of vehicles over sidewalks or
curbs at places where cement or asphalt crossings are constructed across such sidewalks and
curbs.
12.32.110 Conduct On Public Property, Monuments, Fountains And Lawns
No person, after having been notified by a law enforcement officer or private security officer that
he or she is in violation of the prohibition in this Section, shall:
A. Walk, stand, sit or lie upon any monument, vase, decorative fountain, drinking
fountain, bike rack,trash receptacle, median, fire hydrant, street-tree planter,
berm, utility cabinet, railing, fence, planter, or upon any other public property not
designed or customarily used for such purposes;
B. Walk, stand, sit or lie upon any public lawn or planted area which is posted with
signs that forbid such conduct; or
C. Walk, stand, lie or skateboard upon any public bench.
D. No person shall bathe or wade in, swim, enter into, be present in, or remain in,
any public fountain or fountain open to the public. No person shall willfully or
knowingly permit any animal in his or her custody to bathe or wade in, enter into,
be present in, or remain in any fountain. No person shall utilize the fountain
water for cleaning of objects, belongings, or personal items.
E. In Downtown Huntington Beach from 100 Main to 500 Main, no person shall
intentionally throw, discharge, launch or spill any solid object (including but not
limited to footballs, hacky sacks, baseballs, beach balls, Frisbees, or other similar
devices) or liquid substance or otherwise cause any object or substance to be
thrown, discharged, launched, spilled or to become airborne or otherwise risk
touching hitting or causing non-consensual contact with another person or persons
property or to otherwise creating a situation that would risk adversely affecting
public safety.
12.32.120 Begging And Solicitation
No person shall ask, beg, or solicit alms in an aggressive manner in any Public Place or Public
Way, or other place open to the general public, whether publicly or privately owned, including
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but not limited to any sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings,
doorways and entrances to buildings, gasoline service stations, and the grounds around or
enclosed by buildings.
12.32.130 Nuisance
It shall be deemed a public nuisance for any person, after first being warned by a law
enforcement officer, or where a sign has been posted in accordance with this Chapter, to loiter,
stand, sit or lie in or upon the Pier, Pier Plaza, the Civic Center, any Public Place or Public Way,
or any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall or that
portion of private property utilized for public use, so as to hinder or obstruct the free passage of
pedestrians thereon. It shall be a public nuisance for any person to block or obstruct, or prevent
the free access to the entrance to any building open to the public.
12.32.140 No Restriction On Free Speech
This Chapter is not intended to restrict the exercise of any free speech protected by the United
States Constitution or the Constitution of the State of California.
12.32.150 Severability
The City Council of the City of Huntington Beach hereby declares that should any section,
paragraph, sentence or word of this chapter of the code, hereby adopted, 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 chapter independent of the elimination herefrom of any such portion as may be declared
invalid.
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ORDINANCE NO. 4117
SECTION 2. 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 17th day of April , 2017.
LA
Mayor
ATTEST: APPROVED A FORM:
LanoJ4.4d-
'City Clerk City Attorney //II
REVIE APPROVED: ITI D AND APP COVED:
itMmanager Police Chief
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Ord. No. 4117
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 April 3, 2017, and was again read to said City
Council at a Regular meeting thereof held on April 1.7, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: O'Connell
ABSENT: None
ABSTAIN: None
1,Robin Estanislau,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 Wave on April 27,2017.
In accordance with the City Charter of said City. 44L
Robin Estanislau, Ci_ Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California