HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4054 Repealing Chapte (2)tv�
Dept. ID CA 15-007 Page 1 of 1
Meeting Date: 4/20/2015
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 4/20/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
SUBJECT: Approve for Introduction Ordinance No. 4054 Repealing Chapter 9.54 of the
Huntington Beach Municipal Code Relating to Sleeping in Vehicles
Statement of Issue:
The City currently has an ordinance concerning the prohibition of sleeping in vehicles during certain
hours. There is a recent Federal Court case invalidating a similar provision in the City of Los
Angeles. Therefore,. it is recommended that the City repeal the current ordinance.
Financial Impact:
N/A
Recommended Action:
Approve for introduction Ordinance No. 4054, "An. Ordinance of the City of Huntington Beach
Repealing Chapter 9.54 of the Huntington Beach Municipal Code Relating to Sleeping in Vehicles."
Alternative Action(s):
Do not approve for introduction Ordinance No. 4054.
Analysis:
The City currently has an ordinance in place that makes it illegal to sleep in vehicles. Recent court
decisions have invalidated similar ordinances in. California. To avoid confusing the public and
potential challenges to the ordinance, staff recommends repealing this section.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and' maintain public safety
Attachment(s):
1. Ordinance No. 4054, "An Ordinance of the City of Huntington Beach Repealing Chapter
9.54 of the Huntington Beach Municipal. Code Relating to Sleeping in. Vehicles."
Item 12. - 1 HB -338-
ORDINANCE NO. 4054
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 9.54 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO SLEEPING IN VEHICLES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 9.54 of the Huntington Beach Municipal Code is hereby repealed.
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 4 t h day of May , 2015.
Ma
ATTEST:
gy Clerk
REVIEW,4YAND APPROVED:
INITIATED AND APPROVED:
Police Chief
15-4570/I 17017.doc
Oral. No. 4054
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 April 20, 2015, and was again read to said City Council at a
Regular meeting thereof held on May 04, 2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis; Hardy, Sullivan, Delgleize, Peterson
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 Wave on May 14, 20t5.
In accordance with the City Charter of said City
Joan L. Flynn. Qy Clerk
Senior Deputy City Clerk
LEGISLATIVE DRAFT