HomeMy WebLinkAboutOrdinance #4119 ORDINANCE NO. 4119
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.10 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO CAMPING ON PUBLIC PROPERTY
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 13.10 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
Chapter 13.10 CAMPING
13.10.010 Purpose.
The streets and public areas within the City should be readily accessible and available to
residents and the public at large. The use of these areas for camping purposes or storage of
personal property interferes with the rights of others to use the areas for which they were
intended. Such activity can constitute a public health and safety hazard which adversely impacts
neighborhoods and commercial areas. Camping on private property without the consent of the
owner, proper sanitary measures and for other than a minimal duration adversely affects private
property rights as well as public health, safety, and welfare of the City. The purpose of this
chapter is to maintain streets, parks and other public and private areas within the City in a clean,
sanitary and accessible condition and to adequately protect the health, safety and public welfare
of the community, while recognizing that, subject to reasonable conditions, camping and camp
facilities associated with special events can be beneficial to the cultural and educational climate
in the City. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary
uses of public or private property.
13.10.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in
this section shall govern the construction, meaning, and application of words and phrases used in
this chapter.
"Camp" means to place, pitch or occupy camp facilities; to live temporarily in a camp
facility or outdoors; to use camp paraphernalia.
"Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping
outfits or temporary shelter.
"Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds,
sleeping bags, hammocks or cooking facilities and similar equipment.
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"City Manager" means the City Manager or designee.
"Establish" means setting up or moving equipment, supplies or materials on to public or
private property to "camp" or operate camp facilities.
"Maintain" means keeping or permitting equipment, supplies or materials to remain on
public or private property in order to camp or operate camp facilities.
"Operate" means participating or assisting in establishing or maintaining a camp or camp
facility.
"Park" means the same as defined in Section 12.72.010 of this title.
"Private property" means all private property including, but not limited to, streets,
sidewalks, alleys, and improved or unimproved land.
"Public property" means all public property including, but not limited to, streets,
sidewalks, alleys, improved or unimproved land and parks.
"Store"means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
"Street" means the same as defined in Section 12.16.180 of this title.
13.10.030 Unlawful camping.
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp
paraphernalia in the following areas:
A. Any public property; or
B. Any private property.
1. It is not intended by this Chapter to prohibit overnight camping on private
residential property by friends or family of the property owner, so long as the
owner consents and the overnight camping is limited to not more than one
consecutive night. In addition, it is not intended by this Chapter to prohibit
overnight camping on public property as required by State or Federal law.
2. Nothing in this chapter is intended to prohibit or make unlawful, activities
of an owner of private property or other lawful user of private property that are
normally associated with and incidental to the lawful and authorized use of
private property for residential or other purposes; and provided further, nothing is
intended to prohibit or make unlawful, activities of a property owner or other
lawful user if such activities are expressly authorized by the Huntington Beach
Municipal Code or other laws, ordinances and regulations.
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3. The City Manager may, as provided in Section 13.10.050 of this chapter,
issue a temporary permit to allow camping on public or private property in
connection with a special event.
13.10.040 Storage of personal property on public and private property.
It is unlawful and a public nuisance for any person to store personal property, including camp
paraphernalia, in the following areas, except as otherwise provided by resolution of the City
council:
A. Any public property; or
B. Any private property without the written consent of the owner.
13.10.050 Permit for special events required.
The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate
a camp or a camp facility in connection with a special event. A special event is intended to
include, but not be limited to, programs operated by the departments of the City, youth or school
events, marathons or other sporting events and scouting activities. The City Manager may
consult with various City departments, the health officer and the public prior to issuing any
temporary permit. Each department or person consulted may provide comments regarding any
health, safety or public welfare concerns and provide recommendations pertaining to the
issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City council
shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied.
In exercising his or her discretion to issue a temporary permit, the City Manager may consider
any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or
surrounding the area or tract of land upon which the proposed temporary camp or camp facility is
to be located.
13.10.060 Posting copy of permit.
It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp
facility unless there shall be at all times posted in a conspicuous place upon the area or tract of
land upon which the camp or camp facility is located a permit obtained from the City Manager in
accordance with the provisions of Section 13.10.050 of this chapter.
13.10.070 Power of the City Manager to make rules and regulations.
The City Manager is further empowered to ascertain that the operation or maintenance of any
camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the
public health, safety or welfare and for this purpose may make additional rules and regulations
pertaining to their establishment, operation or conduct. The City Manager may also impose
conditions on the establishment, maintenance and operation of the camp or camp facility,
including, but not limited to, security, sanitation facilities, the number of occupants, posting of
bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the
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premises. When the City Manager shall issue any permit under the terms of Section 13.10.050 of
this chapter, the same may be revoked at any time thereafter by the City Manager if the City
Manager becomes satisfied that the maintenance or continuing operation of the camp or camp
facilities is adverse to the public health, safety and welfare.
13.10.080 Current ordinance provisions.
Neither the adoption of the ordinance codified in this chapter nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as affecting any of the
provisions of such ordinance relating to the collection of any such license or penalty or the penal
provision applicable to any violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all
rights and obligations thereunder appertaining shall continue in full force and effect.
13.10.090 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 the Huntington Beach
Municipal Code. In addition to the remedies set forth in Penal Code Section 370, the City
Attorney may institute civil actions to abate a public nuisance under this chapter.
13.10.100 Severability
If any provision of this Chapter is rendered illegal or invalid or unenforceable, all other parts of
this Chapter shall remain in full force and effect.
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.
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REVIE DrPPROVED: ITIATED AND APPROV D:
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Ord. No. 4119
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
I,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.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy city Clerk of the City Council of the City
of Huntington Beach, California