HomeMy WebLinkAboutApprove for Introduction Ordinance Number 3715 Amending Hunt N�
Council/Agency Meeting Held:
Deferred/Continued to:
❑Approved ❑ Conditionally Approved 0 Denied it Cle 's Siggature
Council Meeting Date: 8/15/2005 Department ID Number: CA 05-17
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION � y
C -�
SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS �,-
..j
SUBMITTED BY: JENNIFER MCGRAT6%Attorney y
PREPARED BY: JENNIFER MCGRA ty Attorney '
SUBJECT: Adoption of Ordinance No.3'J a\ Amending HBMC Chapter 13.48
relating to animals in the park.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: In May 2005, the City Council adopted Ordinance No. 3715 which
amended Chapter 13.48 of the Huntington Beach Municipal Code to accommodate the use
requirements of the City's parkland agreement with Southern California Edison Company
("SCE"). Adoption of Ordinance No. 3`l would revert the language of Section
13.48.070 to its original form.
Funding Source: N/A
Recommended Action: Approve Ordinance No3na-\ Amending Chapter 13.48 of the
Huntington Beach Municipal Code Relating to Animals in the Park.
Alternative Action(s): Do not approve Ordinance No. `�a �.
Analysis: On May 16, 2005, City Council adopted Ordinance No. 3715 prohibiting dogs in
Southern California Edison parkland areas. This ordinance was adopted to conform with the
terms of the license agreements between the City and SCE for use of the parkland.
Subsequently, SCE has notified the City that the license agreements can be modified to
permit dogs on leash in the easement area. This ordinance effectively repeals Ordinance
No. 3715.
REQUEST FOR ACTION
MEETING DATE: 8/15/2005 DEPARTMENT ID NUMBER:CA 05-17
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance No.3`- �An Ordinance of the City of Huntington Beach
Amending Chapter 13.48 of the Huntington Beach Municipal Code
Relating to Animals in the Park
2. Legislative Draft of Chapter 13.48
GARCA\2005\05-SCE yes dogs.doc -2- 7/28/2005 3:35 PM
ATTACHMENT # 1
ORDINANCE NO. 3721
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.48 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO ANIMALS IN THE PARK
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 13.48.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.48.070 Animals.
No person shall ride,lead or let loose any cattle, horse, mule, goat, sheep, swine,cat,dog,
fowl or animal of any kind in a park except that it shall not be unlawful to have dogs,
physically restrained by a leash not in excess of six (6)feet, or to ride horses on trails
specifically provided for them. No person shall permit a dog to be or remain unattended
outside a tent, camper or other enclosed vehicle between the hours of sunset and sunrise. No
person shall keep or permit to remain any dog which is noisy, vicious or dangerous or which
disturbs other persons within the boundaries of a park after such person has been directed by
a park ranger to remove such dog. No person shall trap,kill, injure,catch or maltreat any
wild or domesticated bird or animal;or destroy, remove or disturb any of the young or eggs
of same, or permit any dog to pursue,trap,kill or wound any wild or domesticated bird or
animal, except that the provisions of this section shall not apply to City employees
regulating animal populations that have been declared a nuisance or hazard by the Director
consistent with laws protecting such animals.
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 6th day of September ,2005.
Ja4"W��
ATTEST: INITIATED AND APPROVED AS TO FORM:
City Clerk City ttorney
REVIEWED AND APPROVED:
City Administrator
05ord/chap 13.48
Ord. No. 3721
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 the 15st day of August,2005,and was again read to said City
Council at a regular meeting thereof held on the 6th day of September,2005, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
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 September 15,2005.
In accordance with the City Charter of said City
Joan L. Flynn,Cily Clerk C' Clerk and ex-officio erk
Deputy City Cie rk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
ORDINANCE NO.'.��l a\
LEGISLATIVE DRAFT
Chapter 13.48
PARKS
(434-3/40, 511-5/47,564-10/50, 1026-2/64, 1246-10/66, 1478-4/69, 1547-1/70, 2043-4/76,2099-9/76,2303-9/78,
2451-11/80,2824-4/87,2851-8/86,2964-10/88, 3181-1/93,3295-8/95,3373-11/97)
Sections:
13.48.010 Definitions
13.48.015 Park Rangers
13.48.020 Unlawful acts
13.48.025 Signs
13.48.030 Vandalism
13.48.040 Public toilets
13.48.050 Littering
13.48.060 Vehicles operations--Parking
13.48.061 Vehicles--Speed
13.48.070 Animals
13.48.080 Boisterous conduct
13.48.090 Gambling
13.48.100 Vending and peddling
13.48.110 Alcoholic beverages
13.48.120 Games and activities
13.48.125 Safety regulations and signs
13.48.130 Curfew
13.48.140 Advertising
13.48.145 Camping
13.48.150 Violations--Penalty
13.48.155 Nuisance
13.48.010 Definitions. For the purposes of this chapter,the following terms shall have the
meanings as set forth herein,unless the context in which they are used clearly indicates a
contrary meaning:
(a) "Alcoholic beverages" means any and all spirituous,vinous, malt or fermented liquor, liquids
or compounds, whether medicated,proprietary,patented or not, and by whatever name called,
containing one-half of 1 percent, or more, of alcohol by volume which are potable or fit as, or
which may be used for beverage purposes.
(b) "Person" means any individual, firm,partnership,joint venture, association, social club,
fraternal organization, corporation or any other group acting as a unit.
(c) "Sound amplifying system" means and includes any system of electrical hookup or
connection, loudspeaker system or equipment, sound amplifying system and any apparatus,
equipment, device, instrument or machine designed for or intended to be used for the purpose
of amplifying sound or increasing the volume of the human voice,musical tone,vibration, or
sound wave. This definition shall not apply to the regular and customary use of portable
radios,televisions,record players or tape recorders played or operated in such places at such
times so as not to disturb other persons in their permitted uses of the park.
(d) "City" means the City of Huntington Beach.
(e) "Director" means the Director of the Community Services Department or other person(s)
authorized by him,pursuant to law,to act in his stead.
legisdrft1=1348 aug 05
(f) "Department" means the Department of Community Services.
(g) "Park" includes every park recreation center, lake, pond or other body of water, riding and
hiking trail,parking lot and every other recreation facility owned,managed and/or controlled
by the City and under the jurisdiction of the Director.
(h) "Permission" means written permission, granted by the Director or his authorized agent.
(1246-10/66,2451-11180)
(i) "Skateboard Park" means any facility that is designed and maintained for the purpose of
recreational skateboard use. (3181-1/92)
0) "Skateboard"means a board of any material which has wheels attached and such wheels may
be used for moving or propulsion. (3181-1/92)
13.48.015 Park Rangers. For the purpose of this chapter, all Park Rangers are designated
"limited power peace officers." Such Park Rangers shall have the authority to issue citations
and/or make arrests for violations of this chapter,pursuant to section 836.5 of the California
Penal Code. (2451-11/80,2964-10/88)
13.48.020 Unlawful acts. It is unlawful for any person to do or commit, or for any person to
cause or permit to be done or committed within the boundaries of any public park within the City
of Huntington Beach, any act in the following sections. (1026-2/64, 1246-10/66)
13.48.025 Signs. No person shall fail or refuse to obey or comply with any notice or sign,
including warning, regulatory and road markings,placed by order of the Director for the safety or
control of persons, vehicles or animals. No person shall willfully refuse to follow or comply
with any lawful order or direction given by a department employee. (2451-11/80)
13.48.030 Vandalism. No person shall willfully cut, break, injure, deface, disfigure,mark or
write upon,paint, carve, burn,tamper with, attach rope or wire to, displace or remove any tree,
shrub,plant,turf,rock, sand, soil, wood, building, fence, table, bench, barbecue unit,pole, light,
playground apparatus, bridge,railing,paving material, fountain,trash receptacle, waterline or
other public utility,part or appurtenance thereof, sign, notice or placard, whether temporary or
permanent,monument, stake,post or other boundary marker, equipment,tools, implements,
materials, any structure or park facility whatsoever, either real or personal. (1026-2/64, 1246-10/66,
2451-11/80)
13.48.040 Public toilets. No person shall fail to cooperate in maintaining public toilets in a neat
and sanitary condition nor shall any person loiter in or about any public toilet or enter any public
toilet designated for the opposite sex except that this provision shall not apply to persons under
five years of age that are accompanied by a parent or guardian. (1026-2/64, 1246-10/66,2303-9/78)
13.48.050 Littering. No person shall deposit,throw, discharge or otherwise place any paper,
ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass,rubbish, debris or any
substance, matter or thing, either liquid or solid in the waters of any fountain,pond, lake, stream,
bay or other body of water in or adjacent to any park or in or on the grounds of said park except
in the proper receptacles where these are provided; nor shall any person within any park wash
eating or cooking utensils elsewhere than in the sinks provided for such purposes; nor shall any
person bring any such substance, except litter accumulated in the course of automobile travel,
into a City park for the purpose of disposal thereof in City park facilities. Where receptacles are
not provided, all such rubbish or waste shall be carried from the park by the person responsible
for its presence and properly disposed of elsewhere. (434-3/40,511-5/47, 1026-2/64, 1246-10/66,
2451-11/80)
13.48.060 Vehicle operations--Parking_
legisdrft/mc1348 aug 05 2
(a) Parking. No person shall operate, drive,ride,park or leave standing any automobile,truck,
motorcycle, motor scooter,motorized bicycle, gocart or any other motor vehicle or any other vehicle
at any time in any park; provided,however,that the provisions of this section shall not apply to those
specific areas within any public park of the City which shall have been regularly and lawfully set
aside for the use of vehicles; and provided further that the provisions of this section shall not apply to
any vehicle used or owned by the City or any vehicle to which a temporary parking pass has been
issued by the City or any commercial vehicle making lawful deliveries to or otherwise lawfully
engaged in any undertaking or enterprise within any public park of the City. No person shall park
and leave unattended any vehicle in areas other than those designated for parking. Vehicles left
unattended in any area, except those designated for parking,without permission,may be towed away
and stored by the City and said removal and storage costs shall be charged to and paid by the owner
prior to release. Nor shall any person ride or drive a bicycle, skateboard or roller skates upon any
tennis,handball, basketball, shuffleboard or multipurpose court in a City park. (1246-10/66,2451-11/80,
3373-11/97)
(b) Upon proof of valid California vehicle registration,proof of insurance as required by the
California Vehicle Code and proof of a valid driver's license,the operator of a vehicle may be
issued a temporary parking pass by the Director of Community Services or his designated
representative. The pass will entitle the holder to park or operate a vehicle during short term
use of park facilities. The pass must be displayed at all times on the front dashboard of the
vehicle or in a manner so that it is clearly visible through the windshield. (3373-11/97)
13.48.061 Vehicles--Speed. No person shall operate any wheeled conveyance of any type in any
ark at a speed in excess of 10 miles per hour unless a eaters speed is posted. The maximum
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speed limit when pedestrians are present shall be five (5)miles per hour. (2851-8/86)
13.48.070 Animals.
(a)-No person shall ride, lead or let loose any cattle,horse, mule, goat, sheep, swine, cat, dog,
fowl or animal of any kind in a park except that it shall not be unlawful to have dogs,
physically restrained by a leash not in excess of six (6) feet, or to ride horses on trails
specifically provided for them. No person shall permit a dog to be or remain unattended
outside a tent, camper or other enclosed vehicle between the hours of sunset and sunrise. No
person shall keep or permit to remain any dog which is noisy, vicious or dangerous or which
disturbs other persons within the boundaries of a park after such person has been directed by
a park ranger to remove such dog. No person shall trap,kill, injure, catch or maltreat any
wild or domesticated bird or animal; or destroy, remove or disturb any of the young or eggs
of same, or permit any dog to pursue,trap,kill or wound any wild or domesticated bird or
animal, except that the provisions of this section shall not apply to City employees regulating
animal populations that have been declared a nuisance or hazard by the Director consistent
with laws protecting such animals.
(b) Iff all areas ef parks where signs have been pested pr-ehibiting dogs er-other animals in
pested area, ne per-sen shall pefmit ef allow&,Iy dog or edwf afAmal to be under aRy
eir-eumstaffees on or-upen that pei4ion of the park.
13.48.080 Boisterous conduct. No person shall maliciously or willfully disturb the peace or
quiet of a park or of any person therein, by loud or unusual noises, or by indulging in riotous,
boisterous,threatening, indecent or offensive conduct, or by using abusive,profane, indecent or
vulgar language. No person shall,within any park, disturb in any manner any picnic,meeting,
services, concert, exercise or exhibition. No person shall play or utilize any sound-amplifying
system within or upon any park or facility not set aside for such purpose by the City Council or
the Director. (434-3/40,511-5/47, 1026-2/64,2451-11/80)
13.48.090 Gambling. No person shall gamble or engage in gambling. (1246-10/66)
13.48.100 Vending and peddling. No person shall expose or offer for sale any article or thing
nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any
legisdrf/mc1348 aug 05 3
such article or thing except by written permission from the Director. No person shall give, set up
or maintain any exhibition, show,performance, concert, lecture, entertainment or similar activity
without written permission to do so from the Director. No person shall for profit offer sports
camps, sports lessons or other similar activity on park property without the written permission of
the Director. (434-3/40,511-3/47, 1026-2/64, 1246-10/66,2451-11/80,2824-4/87)
13.48.110 Alcoholic beverages. No person shall consume or have in his possession, custody or
control, either open or unopened, any alcoholic beverage of any kind whatsoever, except when
attending a function operating under an alcohol permit issued in accordance with Chapter 9.84 of
this code. No intoxicated person shall enter, be or remain in any park. (1026-2/64,2043-4/76,
2451-11/80)
13.48.120 Games and activities. It is unlawful for any person to take part in or abet the playing
of any activity which endangers the health, safety or welfare of the participant or any person
whomsoever in any park, except on fields and courts or areas specifically provided for such
games or activities or areas designated for such games and activities by the City Council or
Director. Such games and activities shall include, but shall not be limited to,the following:
(a) Baseball,tackle football, field hockey, rugby, cricket, golf, boxing,wrestling and the martial
arts.
(b) Wading,bathing, swimming, launching any type of boat, raft, air mattress, surfboard or to be
in or on any lake, stream or pond found in a City park.
(c) Flying any model airplane or helicopter, and launching any model fuel power boat,provided
that this subsection shall not prohibit the launching of model boats powered by battery or sail.
(d) Carrying,transporting,possessing, discharging, firing or shooting over, onto or through any
park any firearm, air gun,bb gun, spring gun, slingshot, bow and arrow, crossbow, spear,
fireworks, firecracker,rocket, explosive of any kind or any other form of weapon potentially
dangerous to human beings or wildlife. This subsection shall not apply to law enforcement
officers.
(e) Fishing in any park lake other than those designated by the Director, during hours which are
authorized for such activity.
(f) Lighting or maintaining any fire except in a stove,barbecue grill, fire circle,portable stove or
barbecue grill approved by the Director.
(g) Erecting any barrier, whether string,wire,rope or chain, or placing any obstruction of any
kind across any path,trail or other area accessible to the public.
(h) Engaging in any other activity which endangers the health and safety of the public.
(1246-10/66, 1478-4/69, 1547-1/70,2451-11/80)
13.48.125 Safety regulations and signs. (3181-1/93)
(a) No person shall ride a skateboard at any skateboard park owned or operated by the City
whether supervised or not unless that person is wearing a helmet, elbow pads, and knee pads.
(3181-1/93)
(b) The Director of Community Services shall erect and maintain visible regulatory signs at all
skateboard parks owned and operated by the City that are not supervised on a regular basis.
Such signs shall afford notice that any person riding a skateboard in the facility must wear a
helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to
citation under Section 8.46.020 of this chapter. (3181-1/93)
legisdrft1=1348 aug 05 4
13.48.130 Curfew. No person shall remain, stay or loiter on or about any such park between the
hours of 10 p.m. and 5 a.m. of the following day provided that this section shall not apply to
attendance at authorized community activities in the park. Any park, recreation center or part or
portion thereof may be closed to the public during an emergency, or when it has been determined
by the Director, a park ranger or police officer that the public health, safety or morals require
such action. Such park,recreation center or part or portion thereof shall not be reopened except
by order of the City Council, City Administrator, Director, a park ranger or police officer.
(1246-10/66,2451-11/80)
13.48.140 Advertising. No person shall announce, advertise or call the public attention in any
way to any article or service for sale or hire, or paste, glue,tack or otherwise post any sign,
picture,placard, advertisement or inscription whatever, or distribute any handbill, circular or
petition except by permission from the Director,provided that this section shall not apply to any
concession operating under lease granted by the City Council. (1246-10166,2451-11/80)
13.48.145 Camping, The following City parks are hereby designated as camping facilities:
Lake Park, Farquhar Park, Huntington Central Park, and Norma Brandel Gibbs Park. No person
shall use any camping facility for overnight camping purposes without applying for and obtaining
written permission from the Director upon payment of the required fees established, and
amended from time to time, by resolution of the City Council of the City of Huntington Beach.
The Director may designate areas within subject arks for camping and may promulgate
Y g J P p g Yp g
reasonable rules and regulations pertinent to the use of subject parks for camping purposes.
No person shall use or occupy a camping facility unless the fee, evidenced by a receipt,has first
been paid. (2099-9/76,2451-11/80)
13.48.150 Violations--Penalty. Any person violating any provision of this chapter shall,upon
conviction thereof, be guilty of a MISDEMEANOR, and subject to a fine of not more than five
hundred dollars ($500) or be imprisoned in the City or county jail for a period not to exceed three
(3)months, or both such fine and imprisonment. (1026-2/64, 1246-10/66)
13.48.155 Nuisance. It shall be deemed a public nuisance for any person to do or commit, or
cause to permit to be done or committed on or within the boundaries of any public park within
the City of Huntington Beach, any act as described in sections 13.48.010 through 13.48.150
hereof. (3295-8/95)
legisdrft/mc1348 aug 05 rJ
RCA ROUTING SHEET
INITIATING DEPARTMENT: city Attorney
SUBJECT: Ordinance Amending HBMC Chapter 13.48
re Dogs in the Park
COUNCIL MEETING DATE: August 15, 2005
." .
r.._ ATT NN
� N :> 4 :....
Y ,
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Appiicable
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attome )
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attome )
Certificates of Insurance (Approved b the City Attorne Attached ❑
( PP Y tY Y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Attached ❑Not Applicable
Attached ❑
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Attached ❑
p ( pp ) Not App licable
Findings/Conditions for Approval and/or Denial Attached
Findin ❑
g pp Not Applicable
\
10.
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
4&4r-
City Clerk ( )
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(Below
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RCA Author: imp
H. B. INDEPENDENT
PUBLISH DATE: 9/15/05
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3721
Adopted by the City Council on SEPTEMBER 6, 2005
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER
13.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO ANIMALS IN
THE PARK"
SYNOPSIS:
ON MAY 16, 2005, CITY COUNCIL ADOPTED ORDINANCE NO. 3715 PROHIBITING DOGS IN
SOUTHERN CALIFORNIA EDISON (SCE) PARKLAND AREAS. THIS ORDINANCE WAS ADOPTED
TO CONFORM TO THE TERMS OF THE LICENSE AGREEMENTS BETWEEN THE CITY AND SCE
FOR USE OF THE PARKLAND. SUBSEQUENTLY, SCE HAS NOTIFIED THE CITY THAT THE
LICENSE AGREEMENTS CAN BE MODIFIED TO PERMIT DOGS ON LEASH IN THE EASEMENT
AREA. THIS ORDINANCE EFFECTIVELY REPEALS ORDINANCE NO. 3715.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held September 6, 2005 by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
This ordinance is effective 30 days after its adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
JOAN L. FLYNN, CITY CLERK