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HomeMy WebLinkAboutNotice of Intent to Circulate Petition to reduce excessive n City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 12, 2018 Mr. Daniel Horgan 213 Wichita Avenue,#203 Huntington Beach CA 92647 Subject: Petition to gather signatures in support of the proposed ballot measure titled: Fine Motorists in the City of Huntington Beach Whose Vehicles Emit Excessive Noise Dear Mr. Horgan, I am writing to inform you that, in compliance with the California Elections Code,the circulation timeframe of 180 days for the above-titled measure has passed. Since you did not file the petition in my office prior to the circulation deadline, the petition is now void for all purposes. The circulation period is based on the following: • December 4, 2017—Delivery of Ballot Title and Summary to proponent • June 4, 2018—5:00 p.m., end of 180-day circulation period The corresponding section of the California Elections Code is found in Division 9, Chapter 3,Article Section 9208 Signatures upon petitions and sections of petitions shall be secured, and the petition, together with all sections of the petition,shall be filed within I80 days from the date of receipt of the title and summary, or after termination of any action for a writ of mandate pursuant to Section 9204, and, if applicable, after receipt of an amended title or summary or both, whichever occurs later. Petitions and sections thereof shall be filed in the office of the elections official during normal office hours as posted. If the petitions are not filed within the time permitted by this section, the petitions shall be void for all purposes. (Enacted by Stats. 1994, Ch. 920,Sec. 2.) If you have any questions, or if I can be of service in the future, please give me a call at 714-536-5405. Sincerely, Robin Estanislau, CIVIC City Clerk Sister Cities: Anjo,Japan 4 Waitakere,New Zealand i l AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) Proof of Publication )SS. County of Orange ) Notice of Intent to circulate Petition Notice Is hereby give by the person whose name appears hereon of his Intention to clrcuTafe a petition within the City of Huntington I am a citizen of the United States and a resident Beach for the purpose of reducing excessive noise emitted from vehi- cles. A statement of the reasons of the proposed action as contem- plated in the petition is 05 follows: of the County aforesaid; I am over the age of Although there are ordinances/codes that add ass this Issue,specifi- call Califomiq Vehlcle Code Section 27151, the Huntington Beach eighteen years, and not a party to or interested in turn neesstohthe1lpeace.authorities to Hunting on/Beach tno longer wish to co-exist with vehicles that are altered In such a way that their transit on our streets emits excessive nolse that constitutes a disturb. the above entitled matter.I am the principal clerk ante of the peace. A fine of SW for the first offense and$1000 fine/ citation for every infraction thereafter is proposed tot itese motorists. of the Huntington Beach Wave, a newspaper -Sub-ordinance :A 30-day period following the first Infraction will be considered a probofionarY Period. If the motorist proves the altera- tion has been remedied during this probationary period, the fine of that has been adjudged to be a newspaper of $500 will be waived/reimbursed (If paid). The ability to have one's citation over-turned,however,Is restricted to onetime use only,upon second general circulation by the Superior Court of the often a to probationary period is not applicable, immediate It Is at the officer's discretion as to what qualifies as an alteration of Countyof O e, State of California,on Jul 1, the vehicle that constitutes a disturbance of the eace. As there is no ran g y way to actively measure the decibels being emitted from the subject vehicle,If the officer contends the vehicle violates current ordinances 1998, Case No. A-185906 in and for the City of /codes,ihe infraction is to be cited/recorded/registered. F living conditions of theeresidentsnof Huntington enforced to crove Is also Huntington Beach, County of Orange, State of hereby given of a request for preparation, by the City Attorney,of a ballot title and summary. California; that the notice, of which the annexed Proponent of measure:Donlel Horgan,215 Wichita Ave N203, Huntington Beach,CA 92648 is a true printed copy,has been published in each The City Attorney has Prepared the following title and summary of the chief purpose and points of the proposed measure: regular and entire issue of said newspaper and BALLOTTITLE AN INITIATIVE MEAJtBEAC RE TO FINE MOTORISTS IN THE CITY not in any supplement thereof on the following OF HUNTINGTON H WHOSE VEHICLES EMIT EXCESSIVE NOISE dates,to wit: BALLOT SUMMARY This initiative measure seeks to create a law whereby authorities 2017 may actively enforce and combat disturbances to the eace created December 14 by, vehicles that have brn altered to produce excessive noise that dllurbs the eace. A fine of $500 for the first offense, and S100a Or declare under the penalty of fine/citatlon for every Infraction thereafter Is proposed to be issued "I certify ( ) p ty for violating the law. The measure would place discretion with the Police officer as to what qualifies as an alteration of the vehicle that constitutes a disturbance of the peace. As there Is no way to active)v perjury under the laws of the State of California measure the decibels being emitted from the subject vehicle,if the of- ficer contends the vehicle violates the new law,the vehicle Is to be cit- that the foregoing is true and correct": ed for an Infraction. The initiative measure also seeks to create a'subordinance'where a 3aday Period following the first Infraction will be considered a Proba- Executed at Santa Ana, Orange County, tionary period. If the motorist proves the alteralioqq has been rem Is on etlletl during this probationary period,the fine of$50a will be waived or reimbursed, Citations may be waived one time Per vehicle. A sec- ndedoffense may not be waived or reimbursed If the violation Is rem led.14,2017 The.otated Intent of this proposed law IS that r sidents of Hunfingto Beac no longer wish to co-exist with vehicles toot are altered in such a way that their vehicle hilts excessive noise that constitutes a dis- �urbance of the Peace.This ordinance is pro osed to improve the Ilv- ngconditions of the residents of Huntington each. �� CERTIFICATION This ballot title and summhr are hereby submittetl to the elections PHIS In conformance withection 9203 of the Elections Code of the Signature publish:The Huntington Beach Wave December 14,201711050236 Huntington Beach Wave 2190 S.Towne Centre PI. Anaheim,CA 92806 (714)796-2209 I i AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) Proof of Publication ss. County of Orange ) Notice of Intent to Circulate Petition Notice tention to circulate the person within the CitypofrHuntington I am a citizen Of the United States and a resident Beach for the purpose of reducing excessive noise emitted from vehi- cles. A statement of the reasons of the proposed action as contem- of the County aforesaid; I am over the age of Plated in thenetition lsasfollows: Although there are ordinances/codes that address this Issue,spBelli- eighteen years, and not a party t0 Or interested in ca IyV California Vehicle Coda Section 27151, the Huntington Beach . Pu bIC asks the City/authorities to actively enforce/combat such dis. turances to the Peace. Residents of Huntington Beach no longer the above entitled matter. I am the principal clerk wish face exist with vehicles that are altered in such it way that dtheir isturb- ance our streets emits excessive noise than constitutes way a disturb- dtatlenforeveryInfractionthereafterIsproeposedtolllesemotoorrl .fine/ of the Huntington Beach Wave, a newspaper -Sub-ordinance :A 30-day Period following the f rst Infraction will be considered a Probationary period. II the motorlsf proves the altera- that has been adjudged to be a newspaper of 50ieeiv /resehibltthvtne$0 has been be imburd(f Probationary. iiy o e os citation over-turned,however,Is restricted to one-time use only,upon general circulation by the Superior Court of the second offense, Is to bProsbatioonary period is not applicable, Immediate County of Orange, State of California,on July 1, thee vehicle that c nstlitutes a disturbance oftheiBs aee.ans there Is no way to actively measure the decibels being emitted from the subject 1998, Case No. A-185906 in and for the City Of vehicle,If the officer contends the vehicle violates current ordinances /codes,the Infraction is to becited/recorded/registered. Huntington Beach, County of Orange, State Of This supplemental code/ordinance Is to be enforced to ImProve the living conditions of the residents of Huntington Beach, Notice Is also hereby given of a request for Preparation, by the City Attorney,of a California; that the notice, of which the annexed ballot title and summary. Proponent of measure:MAlel Horgan,215 Wichita Ave N203, is a true printed copy,has been published in each Huntington Beach,CA 92rep The hCitlel Attorney has Prepared the following title and summary of the chief purpose and points of the proposed measure: regular and entire issue of said newspaper and BALLOTTITLE not in any supplement thereof on the following AN INITIATIVE MEASURE TO FINE MOTORISTS IN THE CITY OF HUNTINGTON BEACH WHOSE VEHICLES EMIT EXCESSIVE NOISE dates,t0 wit: BALLOT SUMMARY December 14,2017 This Initiative measure seeks to create a law whereby authorities may actively enforce and combat disturbances to the eace created b vehicles that have been altered to produce excessive noise that "I certify (or declare) under the penalty of fineicitatioatOraeveryAInfraction thereafter Isipropos°ed to be Issued for violating the law. The measure would place discretion with the pequry under the laws of the State of California constituters a disturban a qualifies f thee5eace. alteration sithere Is no way to activeii measure the decibels being emitted from the subject vehicle,if the or ficer contends the vehicle violates the new law,the vehicle Is to be cit. that the foregoing is true and correct": ed for an Infraction. The Initiative measure also seeks to create a'sub ordinance-where a Executed at Santa Ana, Orange County, tionarypperiod. If the the Iprovesl the alteration ihas been ream. California,On edied during this robationary Period,the fine of$500 will be waived or reimbursed. Cilotions may be waived one time per vehicle. A see, and offense may not be waived or reimbursed If the violation is rem- etlled. Decembe 14,20I7 The stated Intent of this Proposed law is that residents of Huntington Beach no longer wish to co-exist with vehicles that are altered in such a s i way that their vehicle emits excessive noise that constitutes a dis- turbance conditions n pe of the ace.This ordinanceproposed to Improve the Iiv- ndiditions of the residents of Huntington a Beach. CERTIFICATION This ballot tale and summery are hereby submitted to the elections official In conformance with 5eation 9203 of the Elections Code of the Signature State California. Beach Wave December 14,20171105023, Huntington Beach Wave 2190 S.Towne Centre PI. Anaheim,CA 92806 (714)796-2209 3� Notice of Intent to Circulate Petition Notice is hereby given by the person Whose name apppears hereal of his intention to circulate a petition within the City of Huntington Beach for the purpose of reducing excessive noise emitted from vehi- cles. A statement of the reasons of the proposed action as contem- plated in the petition is as follows : Although there are ordinances/codes that address this issue,specjfi- callY California Vehicle Code Section 27151, the Huntington Beach public asks the City/authorities to actively enforce/combat such dis- turbances to the peace. Residents of Huntington Beach no longer wish to coexist with vehicles that are altered in such a way that their sranitiaa transit on our streets emits excessive noise that constitutes a disturb CITYCLERK achW T HUNT Publish:Huntington Beach Wave Dec 14,2L 201711049402RGT Full N ante of the peace. A fine of$500 for the first offense, and$1000 fine/ — 1.)PR citation for every infr HUNaction thereafter is proposed to these motorists. 1 Notice of Intent to Circulate Petition HUNI This 1 -Sub-ordinance : 30-da riod following the first infraction will be Notice Is hereby Iva b the rson whose Lianll Q Y period g Y g r� Y Person osin name appears hereon of considered a remedied i ed ry period. If the motorist proves the alters- bls Intention to se ate a Petition ewithinxcessive o s City of Huntington hi. The i Tian has been remedied tluring this probationary Period, t Beach for the purpose of reducing excessive no emitted from yell. nets the fine s plat, A statement of the reasons of the Proposed action as contem name $500 will be waved/ reimbursed (if paid). The ability to have ones ,I. Plated in the Petition lsas follows: 1P1N70/ citation over-turned,however, is restricted to are-time use only,Upon u. glthou h there are ordinances/catles that address this Issue,specify /skAl second offense, a probationary Period is not applicable, immediate ,,cantY Cgalilornlo Vehicle Code section 27151, the Huntington Beach MAn fine/citation is to be issued. ,s flub IC asks the City/authorities to actively enforce/combat such cis- this tiiurbances to the Peace. Residents of Huntington Beach no longer Cler wish to ca exist with vehicles that are altered in such a way that their Pub It is at the officers discretion as to what qualifies as an alteration of transit on our streets emits excessive noise that constitutes a disturb. 23,3 once of the Peace. A fine of$500 for the first offense and$1000 fine the vehicle that constitutes a disturbance of the pease. As there Is no citation for every infraction thereafter Is Proposed to these motorists. way I actively measure the decibels being emitted from the subject If the of Contends the vehicle violates current Ordinances -sub-ordinance :A 30-day Period following the f rst Infraction will be vehicle, considered a Probationary period. If the motorist proves the altera-tion has been remedied during this probationary period, the fine of pet $500 will be waived/reimbursed (if paid). The ability to have one's 9 e This supplemental code/ordinance is to be enforced to improve the citation over-turned,however,is restricted to one-t me use only,upon Hitr- p- second offense, a probationary Period is not applicable, Immediple Fr livjn conditions of the residents of Huntington Beach. Notice is also fine/citation is to be Issued. hereg y given of a request for preparation, by th City Attorney, of a Cy It Is at the officer's discretion as to what qualifies as pit alteration of 141 . ballot title and summary. , the vehicle that constitutes a disturbance of the Peace. As there is no Tf y way to actively measure the decibels being emitted from the sublect FAN ity Attorney has prepared the following title and summary of a vehicle,❑the officer contends the vehicle violates current ordinances TI rf /codes,the Infraction is to be cited/recorded/registered. nnE c ief purpose and points Of the Proposed measure: This supplemental code/ordinance Is to be enforced to Improve the 07 RA OT TIT 1. living conditions of the residents of Huntington Beachh. Not�c Is also IN 1 here v Ivan of a request for preparation, by the CItY Attorney,of a CI N ballottl�leandsummory. PI NITIATIVE MEASURE TO FINE MOTORISTS IN THE CITY I' proponent of measure:Daniel Horgan,275 W(chita Ave 420J, UNTINGTON BEACH WHOSE VEHICLES EMIT EXCESSIVE Huntington Beach,CA 92648E The City Attorney has Prepared the following flue and summary of the chief purpose and points of the proposed measure: N RAI_LOT SLINLMARY U BALLOT TITLE B., This initiative measure seeks to create a law whereby authorities AN INITIATIVE MEASURE TO FINE MOTORISTS IN THE CITY T!� may actively enforce and combat disturbances to the peace created OF HUNTINGTON BEACH WHOSE VEHICLES EMIT EXCESSIVE ry by vehicles that have been altered to produce excessive noise that NOISE disturbs the peace. A fine of $500 for the first offense, and $1000 BALLOTSUMMARY a fine/citation for every infraction thereafter is Proposed to be issued rnit mnla we measure seeks to create a law whereby authorities Vqi for violating the law. The measure would place discretion with the may actively aqforce and combat disturbances 10 the Peace created vem E police officer as to what qualifies as an alteration of the vehicle that by c1 5 1 a'have been altered to Produce excess ve noise that E constitutes a disturbance of the peace. As there is no way to actively disturbs I Peace. A fine of$500 for the first offense, and$1000 SI flnUcItatlon for every Infraction thereafter Is Proposed to be Issued N measure the decibels being emitted from the subject vehicle,if the Of- ar violating the law. The measure would Place discretion with the T ficer contends the vehicle violates the new law,the vehicle is to be Cit- police officer as to whof qualifies as an alteration of the vehicle that R constitutes a dislurbonce of the peace. As there Is no way to actively N, ed for an infra CtlOtL It the decibels being emitted from the sublect vehicle,If the al- ficer contends the vehicle violates the new law,the vehicle Is to be cit- h The initiative measure also seeks to create a'sub-ordinance'where a etlfor anI Iractlon. R 30-day period following the first infraction will be considered a proba- The Inillative measure also seeks to create a•sub ordinance•where a 3S1 tionary period. If the motorist proves the alteration has been rem- 30-dav Period following the f rst Infraction will be considered a probe. to tionary r riod. If the motorist proves the alteration has been rem- M edied during this probatlonary period, the fine of$500 will be waived tidied during ims robatlanary period,the fine of E500 will be waived Ipt n or reimbursed. Citations may be waived one time per vehicle, A sec- or reimbuPtea. cPmsons may be waived one time per vehlcse. A sec- re atd offense may not be waived or reimbursed if the violation is rem- and offense may not be waived or reimbursed If the via oilon Is rem• WI wiled. edled. The stated Intent of this proposed law is that residents of Huntinglon s The stated intent of this proposed law is that residents of Huntington Beach no longer wish to co-exist with vehicles that are altered to such rIll h a way that their vehicle emits excessive noise that constitutes o dls. se Beach no larger wish t0 co-exist with vehicles that are altered ill such turbance of the peace.This ordinance is proposed to Improve the liv. co a way that their vehicle emits excessive noise that constitutes a dis- ing conditions of the residents of Huntington Beach. fitI turbance of the peace.This ordinance Is proposed to improve the Iiv- CERTIFICATION fad Ing Conditions of the residents of Huntington Beach. This ballot title and summery are hereby submitted to the elect[dns w official in conformance with Section 9203 of the Elections Code of the CERTIFICATION Publish:TheoHuniingtonBeach Wove December 14,201711050236 M. This ballot title and summery are hereby submitted to the elections ca no As in conformance with Section 9203 of the Elections Code of the M State of California. N . VM P anent of measure:Daniel Horgan 215 Wic=AVL1203, tan Beach CA 92648 sh: C Wave December 14,201711050236rt- 3 PROOF OF ,.;: PUBLICATION 2012JAN AH10: 31 STATE \1 —_.— E OF CALIFORNIA) NE OF INUNT D 9RCULATUETI TION No is)hehby glvn by the person wliose ' S.Sa nam ppears hereon nihis intention to circulate COUNTY a e p within the of Huntington Beach 1 OF ORANGE the purpose of qudi ing the Property-Tax Auction and s. of tthe Measure.A statement of�the reasons. of.the proposed follows" as contemplatedB the pa the isnl cityI Huntington Beach o the only In.Orange am a citizen of the United States and County that has a poperty tax assessment.employ.. the sole purpose o: funding public employee resident of the County a ncre'ased wthout a voffs le of property owmersnsion tax rate can bif aforesaid; I am ; a simple majority'of the Huntington Beach City over the age of eighteen years, : Council cheeses to hcrease.the assessed rate. y a , and not Since the 2003/2004 budget year,`the,pension a parry to or interested in the tax rate has increased 115%. notice The pension.obligations for the City of Hun- tington Beach are'-expected to swell. In the HUNTINGTON BEACH INDEPE coming years.Without taxpayer se increase the NDEN , City Council ye si with pass these increases al WlliCh W3S adjudgedto the taxpayers without negotiating n real a new 'Pape r of should reform.The citizensthe funding Huntington Beach general circulation should not be used as the funding solution for on August 26, 1994, Put-on-balance retirement en Bea Further, the case A50479, for the City property uwnets icreasHuntington Beach sbene not be subject to tax increases when ythe lq 100%c of r Of Huntington lies of these pensions are not paying 100%.of r Beach, Coun of their share of the cost. ty Orange, and the Stat To ensure.the taxpayer has adequate protec- of California. Attached to this Affidavit then' I believe it is time to eliminate the pension i a true and complete copy as was rl property tax fro la the gunge wi charter. The p d elimination ofre-this language will burdened. certain and published on the following the residents are not further burdened,with out date of control pension costs. 9 Therefore, I intend to circulate a petition test 1 - eliminates any Individual property tax assess- . en fitsr the'sole;purpose of funding retirement benefits. .; JanuaJanus ':Notice is also hereby"Attor of o request for r�� preparation,by the City Attorney,of a proposed ry 9r measure ballot title and summary. Frank Morrell 2111 2tit Shaw Lane' _ Huntington Beach,CA 92646 _ Ballot Tide And Summary certify Title:A ballot,measure to amend the Huntington . 'y (, deal i Beach' City Charter by repealing Section perjur th penalty of Y ! 607(b)(2) thereof;which authorizes a tax suHi- ' Y forego' g l true and I cient to meet the city's obligations to the state retirement system.' correct. Summary: This proposed mesure would repeal Huntington'.Beach`City Charter 'Section 607(b)(2), which authorizes a tax-sufficient to meet the city's obligations td the state retire- ' ment system, and thereby eliminate the revenue raised by this tax as a funding source for the Executed on Janua 20 012 tiers contractual obligations to the'stateretire- z� meet system.' - at Costa t a The City Charter requires the city to participate Mesa, Cal Or a a retirement system. To meet this re- 2uiremem,.the city has contracted with the California Public-1mployces' Retirement System (PERS).-The'contract obligation of the city to PERS Is partially funded by a voter approved 1 tax authorized by the Charter since at least 1966. Since 1983-84,'Revenue&Taxation Code Section r 96.31(a)(4) has limited the city'to levyin{'.a maximum override tax of 30.04930 per$100 of assessed value to Pay for its retirement system. For fiscal year 2011-12,the actual lax levy was SInatur $0.015 per$100 of assessed value;which equals g ! $15'per.3100,000 of assessed value;and is less than tile-maximum rate that the city is au- thorized to levy. - This measure would repeal the city's-duty and I authdrity to levy.this,tax to'„pay"the ci - Pbligatrons under Its contract with PERS. The city. would remairi liable on its'contract with PERS,but the measure would eliminate the city's 1 ability to meet its obligations by a specific,tax levy: Instead, the citrs.retirement obligations would be shifted to the general fund,which is the source for mail municipal operations,includ. ing public safety and Infrastructure maintenance services. ' Published Huntington Beath Independent Am- uary18,2012. 013-784 City of Hunti..tgton Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk December 4, 2017 Daniel Horgan 213 Wichita Avenue,#203 Huntington Beach CA 92647 Re: Ballot Title and Summary Prepared by the City Attorney Pursuant to the Notice of Intent to Circulate Petition and Initiative Measure Regarding Vehicular Noise Filed on November 17, 2017 with the City Clerk's Office Mr. Horgan, Please find attached, pursuant to Elections Code §9203,the Ballot Title and Summary prepared by the City Attorney relative to the above-referenced subject. Sincerely, Robin Estanislau, CMC City Clerk Enclosure: Ballot Title and Summary Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand l Initiative Measure to be Submitted Directly to the Voters The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: BALLOT TITLE AN INITIATIVE MEASURE TO FINE MOTORISTS IN THE CITY OF HUNTINGTON BEACH WHOSE VEHICLES EMIT EXCESSIVE NOISE BALLOT SUMMARY This initiative measure seeks to create a law whereby authorities may actively enforce and combat disturbances to the peace created by vehicles that have been altered to produce excessive noise that disturbs the peace. A fine of$500 for the first offense, and $1000 fine/citation for every infraction thereafter is proposed to be issued for violating the law. The measure would place discretion with the police officer as to what qualifies as an alteration of the vehicle that constitutes a disturbance of the peace. As there is no way to actively measure the decibels being emitted from the subject vehicle, if the officer contends the vehicle violates the new law,the vehicle is to be cited for an infraction. The initiative measure also seeks to create a"sub-ordinance"where a 30-day period following the first infraction will be considered a probationary period. If the motorist proves the alteration has been remedied during this probationary period, the fine of$500 will be waived or reimbursed. Citations may be waived one time per vehicle. A second offense may not be waived or reimbursed if the violation is remedied. o 0 ran M Zo �' C c)q c 0-CO M zom a oo"�a 3 C9'1 rn o C7 17-6151/170208/mv I t The stated intent of this proposed law is that residents of Huntington Beach no longer wish to co- exist with vehicles that are altered in such a way that their vehicle emits excessive noise that constitutes a disturbance of the peace. This ordinance is proposed to improve the living conditions of the residents of Huntington Beach. CERTIFICATION This ballot title and summary are hereby submitted to the elections official in conformance with Section 9203 of the Elections Code of the State of California. N O_ x y C .z.� C� rT1 1TI _+ t M zom sy .w w 1 7-6 1 5 1/1 70208/mv 2 Acknowledgment I, Daniel Horgan,declare under penalty of perjury that I am a citizen of the United States, 18 years of age or older, and a resident of Huntington Beach, Orange County,California. I, Daniel Horgan, acknowledge that it is a misdemeanor under state law(Section 18650 of the Elections Code)to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. aa !�4U4 Daniel Horgan 215 Wichita Avenue,#203 Huntington Beach CA 92648 Dated this 4`h day of December, 2017 12/4/2017 leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?IawCode=ELEC&sectionNum=18650.&op_statues=1994&op chapter=920&op_secton=2 ELECTIONS CODE- ELEC DIVISION 18. PENAL PROVISIONS [i8000 - i87oo] ( Division 18 enacted by Sets. 1994, Ch. 920, Sec. 2. ) CHAPTER 7. Initiative, Referendum, and Recall [18600- i868o] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ARTICLE 6.Misuse of Signatures on Petition[18650-i865o.] (Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) No one shall knowingly or willfully permit the list of signatures on an initiative,referendum,or recall petition to be used for any purpose other than qualification of 1865o. the initiative or referendum measure or recall question for the ballot,except as provided in Section 6253.5 of the Government Code.Violation of this section is a misdemeanor. (Enacted by Stats. 1994, Ch.920,Sec.2) http://leginfo.legislature.ca.gov/faces/printCodeSectiDnWindow.xhtml?lawCode=ELEC&secticnNum=18650.&op_statues=1994&op_phapteT=920&op section=2 1l1 12/4/2017 1eginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?IawCode=GOV&sectionN um=6000.&op statues=1943&op chapter=134 GOVERNMENT CODE - GOV TITLE i. GENERAL 1100 - 79141 ( Title 1 enacted by Stats. 1943, Ch. 134. ) DIVISION 7. MISCELLANEOUS [6000 - 7599.21 ( Division 7 enacted by Stats. 1943, Ch. 134. ) CHAPTER i. Publications and Official Advertising [6000 - 60781 ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ARTICLE>.General[6000-6008] (Article 1 enacted by Stats. 1943, Ch. 134. ) A"newspaper of general circulation"is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character,which has a 6000, bona fide subscription list of paying subscribers,and has been established,printed and published at regular intervals in the State,county,or city where publication, _ notice by publication,or official advertising is to be given or made for at least one year preceding the date of the publication,notice or advertisement. (Enacted by Stats. 1943, Ch. 134) http://Ieginfo.legislature.ca.gov/faces/printCodeSecdonW!ndm.xhtml?lawCode=GOV&secdonNum=6000.&op_ptatues=1943&op_phapter=134 1/1 City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: Michael Gates, City Attorney ID FROM: Robin Estanislau, CMC/City Cler'Kr- DATE: November 17, 2017 SUBJECT: CITY CLERK'S TRANSMITTAL OF NOTICE OF INTENTION TO CIRCULATE PETITION AND REQUEST FOR BALLOT TITLE AND SUMMARY FOR PROPOSED MEASURE Please review the attached Notice of Intention to Circulate Petition that requests preparation of a ballot title and summary for the November 6, 2018, election. Pursuant to California Elections Code §9203, the requested title and summary shall be returned to the City Clerk's Office within 15 days (Monday, December 4, 2017), for delivery to the proponent. RE Attachments: Notice of Intention to Circulate Petition Elections Code §9203 c: Honorable Mayor and City Council Members Fred Wilson, City Manager Notice of Intent to Circulate Petition Notice is hereby given by the person whose name appears hereon of his intention to circulate a petition within the City of Huntington Beach for the purpose of reducing excessive noise emitted from vehicles. A statement of the reasons of the proposed action as contemplated in the petition is as follows : Although there are ordinances / codes that address this issue, specifically California Vehicle Code Section 27151, the Huntington Beach public asks the City/ authorities to actively enforce / combat such disturbances to the peace. Residents of Huntington Beach no longer wish to co-exist with vehicles that are altered in such a way that their transit on our streets emits excessive noise that constitutes a disturbance of the peace. A fine of $500 for the first offense, and $1000 fine/citation for every infraction thereafter is proposed to these motorists. • Sub-ordinance : A 30-day period following the first infraction will be considered a probationary period. If the motorist proves the alteration has been remedied during this probationary period, the fine of $500 will be waived / reimbursed (if paid). The ability to have one's citation over- turned, however, is restricted to one-time use only, upon second offense, a probationary period is not applicable, immediate fine / citation is to be issued. It is at the officer's discretion as to what qualifies as an alteration of the vehicle that constitutes a disturbance of the peace. As there is no way to actively measure the decibels being emitted from the subject vehicle, if the officer contends the vehicle violates current ordinances / codes, the infraction is to be cited/recorded/registered. This supplemental code/ordinance is to be enforced to improve the living conditions of the residents of Huntington Beach. Notice is also hereby given of a request for preparation, by the City Attorney, of a ballot title and summary. Proponent of Measure 29 C) o rv� Daniel Horgan 215 Wichita Avenue #203, Huntington Beach, CA 926ZF8? n sa _J R1 zar y � m rT1 m 7r N CP 11/17/2017 Codes Display Text l 9203. (a) Any person who is in,, .ted in any proposed measure shall file a co', -the proposed measure with the elections official with a request that a ballot title and summary be prepared.This request shall be accompanied by the address of the person proposing the measure.The elections official shall immediately transmit a copy of the proposed measure to the city attorney. Within 15 days after the proposed measure is filed, the city attorney shall provide and return to the city elections official a ballot title for and summary of the proposed measure.The ballot title may differ from any other title of the proposed measure and shall express in 500 words or less the purpose of the proposed measure. In providing the ballot title, the city attorney shall give a.true and impartial statement of the purpose of the proposed measure in such language that the ballot title shall neither be an argument, nor be likely to create prejudice,for or against the proposed measure. (b)The elections official shall furnish a copy of the ballot title and summary to the person filing the proposed measure. The person proposing the measure shall, prior to its circulation, place upon each section of the petition, above the text of the proposed measure and across the top of each page of the petition on which signatures are to appear, in roman boldface type not smaller than 12 point,the ballot title prepared by the city attorney,The text of the measure shall be printed in type not smaller than 8 point. The heading of the proposed measure shall be in substantially the following form: Initiative Measure to be Submitted Directly to the Voters The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared by the city attorney.This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) (Amended by Stats. 1999, Ch. 312, Sec. 21. Effective January 1, 2000.) 9204. Any elector of the city may seek a writ of mandate requiring the ballot title or summary prepared by the city attorney to be amended.The court shall expedite hearing on the writ. A peremptory writ of mandate shall be issued only upon clear and convincing proof that the ballot title or summary is false, misleading,or inconsistent with the requirements of Section 9203. (Amended by Stats. 2002, Ch. 237, Sec. 2. Effective January 1, 2003.) 9205- A notice of intention and the title and summary of the proposed measure shall be published or posted or both as follows: (a) If there is a newspaper of general circulation, as described in Chapter 1 (commencing with Section 6000) of Division 7 of Title 1 of the Government Code,adjudicated as such, the notice, title, and summary shall be published therein at least once. (b) If the petition is to be circulated In a city in which there is no adjudicated newspaper of general circulation,the notice,title, and summary shall be published at least once, in a newspaper circulated within the city and adjudicated as being of general circulation within the county in which the city is located and the notice,title,and summary shall be posted in three (3) public places within the city, which public places shall be those utilized for the purpose of posting ordinances as required in Section 36933 of the Government Code. (c) If the petition is to be circulated in a city in which there is no adjudicated newspaper of general circulation, and there is no newspaper of general circulation adjudicated as such within the county, circulated within the city, then the notice,title, and summary shall be posted in the manner described in subdivision (b). This section does not require the publication or posting of the text of the proposed measure. (Amended by Stats. 2011, Ch. 248, Sec. 1. Effective January 1,2012.) 9206. Within 10 days after the date of publication or posting, or both, of the notice of intention and title and summary, the proponents shall file a copy of the notice and title and summary as published or posted together with an affidavit made by a representative of the newspaper in which the notice was published or, if the notice was posted, by a voter of the city, certifying to the fact of publication or posting. If the notice and title and summary are both published and posted pursuant to subdivision (b) of Section 9205, the proponents shall file affidavits as required by this section made by a representative of the newspaper in which the notice was published certifying to the fact that the notice was published and by a voter of the city certifying to the fact that the notice was posted. These affidavits,together with a copy of the notice of intention and title and summary,shall be filed with the elections official of the legislative body of the city in his or her office during normal office hours as posted. http:/Aeginfo.legislature.ca.gov/faces/codes_displayTextxhtml?lawCode=ELEC&division=9.&title=&part=&chapter=3.&article=1. 2J5 I i 121612011 Codes Display Text Ifr fIE7SLATIVE INFORMATION Home Bill Information . California Law : Publications Other Resources My Subscriptions '.. My Favorites Cade: ELEC ♦ I Section: 100. ,Search Q UoA Add To My Favorites ELECTIONS CODE-ELEC DIVISION 0.5.PRELIMINARY PROVISIONS[1 -362] (Division 0.5 heading added by Stars. 1996, Ch. 1143, Sec. 17.) CHAPTER 2.Petitions and Petition Signers[100.106] (Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) 100. (a) Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, Is required to be signed by voters of a county, city,school district,or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits his or her affidavit of registration pursuant to subdivision(d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper he or she Is 18 years of age. (b) A signer shall at the time of signing the petition or paper personally affix his or her signature, printed name, and place of residence, including the street and number of the place of residence,and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signer's residence address shall not invalidate his or her signature pursuant to Section 105. A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper. (c)The part of a petition for the signatures, printed names, and residence addresses of the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially In the following form: Official Use Only (Print Name) (Residence Address ONLY) 1. I (Signature) (city) (Print Name) (Residence Address ONLY) 2. (Signature) (City) (Amended(as amended by Stars. 2009, Ch. 364) by Stars, 2014, Ch. 909, Sec. 3. Effective January 1, 2015. Amendment by Stars. 2009, Ch. 364, with text revised by this amendment, became operative on September 26, 2016, when the Secretary of State Issued the certification prescribed by Sec. 7 of Ch. 364.) 1004 Notwithstanding Section 100,a voter who is unable to personally affix on a petition or paper the Information required by Section 100 may request another person to print the voter's name and place of residence on the appropriate spaces of the petition or paper, but the voter shall personally affix his or her mark or signature on the http:/Aeginfo.legislature.ca.govtfaces/codes displayTextxhtm171awCode=ELEC&division=0.5.&title=&part=&chapter=2.&articl� 1/3 12/6i2011 Codes Display Text I appropriate space of the petitio,. or paper,which shall be witnessed by one per7. n by subscribing his or her name thereon. (Amended by Stars. 2001, Ch. 922, Sec. 2. Effective January 1, 2002.) 101- (a) Notwithstanding any other law,a state or local initiative petition required to be signed by voters shall contain in 12-point type, before that portion of the petition for voters'signatures, printed names, and residence addresses, the following language: "NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK." (b) A state initiative petition shall contain, in the same location and type size described in subdivision (a),the following language: "THE PROPONENTS OFTHIS PROPOSED INITIATIVE MEASURE HAVETHE RIGHTTO WITHDRAW THIS PETITION AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE BALLOT." (Amended by Stars. 2014, Ch. 697, Sec. 4. Effective January 1, 2015.) 102- A person shall not circulate a state or local initiative, referendum,or recall petition or nominating paper unless the person is 18 years of age or older. (Amended by Stars. 2013, Ch. 278, Sec. 1. Effective January 1, 2014.) 103. A voter who has signed an initiative, referendum,or recall petition pursuant to the Constitution or laws of this state shall have his or her signature withdrawn from the petition upon filing a written request that includes the voter's name, residence address, and signature with the appropriate county elections official or city elections official prior to the day the petition is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104. (Amended by Stars. 2015, Ch. 731, Sec. 1. Effective January 1, 2016.) 104- (a) Wherever any petition or paper is submitted to the elections official, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper, setting forth, in the circulator's own hand,the following: (1)The printed name of the circulator. (2)The residence address of the circulator,giving street and number,or if no street or number exists,adequate designation of residence so that the location may be readily ascertained. (3) The dates between which all the signatures to the petition or paper were obtained. (b) Each declaration submitted pursuant to this section shall also set forth the following: (1)That the circulator circulated that section and witnessed the appended signatures being written. (2)That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be. (3)That the circulator is 18 years of age or older. (c)The circulator shall certify the content of the declaration as to its truth and correctness, under penalty of perjury under the laws of the State of California,with the signature of his or her name.The circulator shall state the date and the place of execution on the declaration Immediately preceding his or her signature. (Amended by Stars. 2013, Ch. 278, Sec. 2. Effective January 1, 2014.) ].41 (a) (1) For purposes of verifying a signature on an initiative, referendum, recall, nomination,or other election petition or paper,the elections official shall determine that the residence address on the petition or paper is the same as the residence address on the affidavit of registration. If the addresses are different, or if the petition or http:/Aeginfo.legislature.ca.govtfacm/codes displayText.xhtml?lawCode=ELEC&divisim=0.5.&title=&part=&chapter=2.&artirJe= 2/3 1202017 Codes Display Text i paper does not specify the resin.oce address,or, in the case of an initiative or.,rerendum petition,the information specified In Section 9020 is not contained in the petition, the affected signature shall not be counted as valid. (2) Notwithstanding paragraph (1),the elections official shall not invalidate a signature for an incomplete or inaccurate apartment or unit number in the signer's residence address. (b) A signature invalidated pursuant to this section shall not affect the validity of another valid signature on the particular petition or paper. (Amended by Stats. 2014, Ch. 909, Sec. 4. Effective January 1, 2015.) 106. Notwithstanding any other provision of law: (a) Any registered voter who is a candidate for any office may obtain signatures to and sign his or her awn nomination papers. The candidate's signature shall be given the same effect as that of any other qualified signer. (b) Any person engaged in obtaining signatures to the nomination papers of a candidate for any office or to any recall, initiative or referendum petition, may, if otherwise qualified to sign the papers or petition,sign the papers or petition. The signature of the person shall be given the same effect as that of any other qualified signer. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) http:/Aeginfo.legislature.ca.gov/faces/codes_displayText.xhtm191awCode=ELEC&division=0.5.&tige&part=&chapter=2.&article= 3/3 i (Regulations of the Fair Political Practices Commission,Title 2,Division 6, California Code of Regulations) § 18247.5. Primarily Formed Committees. (a)A"primarily formed"committee, as defined in Section 82047.5 and this regulation, is a recipient committee under Section 82013(a)that supports or opposes a single candidate or measure, or a specific group of measures or local candidates on the same ballot. (In contrast, a "general purpose"committee, defined in Section 82027.5 and Regulation 18227.5, supports multiple candidates or ballot measures.) (b)Filing. Under Section 84215, a primarily formed committee files in the jurisdiction where the candidate(s)or measure(s)it is primarily formed to support or oppose normally file(s) their campaign statements. (c) Special Requirements for Primarily Formed Committees. In addition to other applicable provisions of the Act and regulations, a primarily formed conunittee must automatically file preelection statements under Section 84200.5 or 84200.8; must comply with the committee name and identification of donors requirements of Sections 84107, 84503 and 84504,if supporting or opposing a ballot measure;must comply with the committee name rules of Regulation 18402(c)(3)if supporting or opposing eandidate(s);must file online 90-day reports under Section 85309 if supporting or opposing a state ballot measure; must file reports of contributions received under Section 82036; and is subject to mandatory audit if a state committee. (d)Definition. For purposes of Section 82047.5, a recipient committee under Section 82013(a) is considered to be"formed or existing primarily to support or oppose"a candidate or measure if: 1 (1) The committee is created for the purpose of or is involved in running the principal campaign for or against the candidate(s)or measures(s)as listed in subdivision(d)(4)below; or (2)The committee's primary purpose and activities are to support or oppose candidate(s) or measure(s) as listed in subdivision(d)(4)below; or (3)The committee makes more than 70 percent of its total contributions and expenditures on all candidates and measures(not including administrative overhead)on those specific candidates(s) or measure(s)as listed in subdivision (d)(4)below, during the time period specified in subdivision(e)(3). (4)(A)A single candidate. A committee formed or existing primarily to support or oppose a single candidate includes a committee that makes contributions and expenditures for a particular candidate and against that candidate's opponent(s). (B)A single measure. (C)A group of specific candidates being voted upon in the same city,county,or multicounty election. (D)Two or more measures being voted upon in the same city, county,multicounty, or state election. (e)Review. (1)A committee that has reason to know it is close to triggering the applicable threshold for changing status because its spending is concentrated on candidate(s) or measure(s) as listed in subparagraphs (d)(4)(A), (B), (C)or(D),shall determine whether it is primarily formed quarterly at the end of March, June, September and December. (2)Newly organized committees. 2 (A)A committee that files its initial statement of organization within six months of an election in connection with which the committee makes contributions and expenditures shall determine whether it is primarily formed at the end of each month prior to the election unless the committee has not made contributions and/or expenditures of$1,000 or more to support or oppose candidates or measures daring that month. (B) A committee that files its initial statement of organization within six months of a statewide primary or general election or within 30 days after a declaration calling a special election for a state elective office or measure and makes at least$25,000 in independent expenditures to support or oppose a state candidate or state measure(s)as listed in subparagraphs (d)(4)(A), (B), or(D),is presumed to be, and shall report as,a primarily formed committee. This presumption can be rebutted when the committee's contributions and expenditures on multiple candidates or measures in different jurisdictions or elections demonstrate that it is not primarily formed and the committee may amend its statement of organization to identify itself as a general purpose committee pursuant to Regulation 19227.5. (3)For purposes of determining whether it is primarily formed under subdivision(d)(3), a committee shall count contributions and expenditures made to support or oppose candidates or measures during whichever of the following time periods most accurately reflects the current and upcoming activities of the committee: (A)The immediately preceding 24 months; or (B)The current two-year period,beginning with January I of an odd-numbered year and ending with December 31 of the following even-numbered year. (f) File as Primarily Formed through the Election.A committee that is or becomes primarily formed within 90 days prior to an election shall maintain that status and file disclosure 3 reports as a primarily formed committee up to the date of that election and continuing until the end of the post-election reporting period. (g) Change of Status. (1) Amend Statement of Organization. A recipient committee whose status changes from one jurisdiction to another,or between general purpose and primarily formed shall amend its statement of organization pursuant to Section 84103 to reflect the change. If, after filing reports with one jurisdiction,a committee changes jurisdiction,in addition to filing reports with a new filing officer, the committee must continue filing reports with the original filing officer through the end of the calendar year under Section 84215(g). (2)An existing general purpose committee is not required to change its filing status to a primarily formed committee unless it meets the requirements in subdivision(d) and it makes at least$100,000 of contributions and/or expenditures if supporting or opposing a state candidate or measure(s) listed in subparagraphs (d)(4)(A), (B),or(D), or at least$10,000 of contributions and/or expenditures if supporting or opposing local candidate(s) or measure(s) listed in subparagraphs (d)(4)(A), (B), (C), or(D). (3)Contributions from a general purpose committee to a primarily formed ballot measure or candidate committee shall not be included in the calculations required under subdivision (d)(3) if the sponsor of the general purpose committee is also a sponsor of the primarily formed committee. (4) A committee that was primarily formed for the election of a candidate or measure, but after that election continues to exist to support or oppose different candidates or measures in the future,may remove the candidate or measure name from the committee name and change its 4 i I status following the election, as long as the committee is not raising funds to pay debt from the election, except as provided in subdivision(f). (h)Avoidance of Disclosure.A committee shall not knowingly file in an incorrect jurisdiction or as an incorrect type of committee,with the intention of avoiding the appropriate legal disclosure of campaign contributions and expenditures to the public. Note: Authority cited: Section 83112,Government Code. Reference: Section 82047.5, Government Code. HISTORY 1.New section filed 1-30-2009; operative 3-1-2009. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2009,No. 5). 2.Amendment of section beading, repealer and new section and amendment of Note filed 1-5- 2012; operative 2-4-2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law,3 Civil CO10924, California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act nilemaking requirements and not subject to procedural or substantive review by OAL) (Register 2012,No. 1). 3. Amendment of subsection(c) filed 6-24-2013; operative 6-24-2013. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act 5 • I 1 rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013,No. 26). 4. Change without regulatory effect amending subsection(c) filed 3-22-2016; operative 4-21- 2016 pursuant to 2 CCR 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. OjTice of Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016,No. 13). 6 Estanislau, Robin From: Ferrin, Kenton [KFerrin@hbpd.org] Sent: Thursday, November 02, 2017 4:24 PM To: Estanislau, Robin Subject: vehicle code Vehicle Code 21750. Adequate muffler 27150. (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. Vehicle exnaust systems (a) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established for the type of vehicle in Article 2.5 (commencing with Section 27200). No person shall operate a motor vehicle with an exhaust system so modified. (b) For the purposes of exhaust systems installed on motor vehicles with a manufacturer's gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment. In summary all cars and other motor vehicles must be equipped with a muffler, and any exhaust modifications must not be designed to increase the exhaust noise above 95 dbA. There are additional regulations as well so we recommend reviewing the California Vehicle Code for important sections related to exhaust noise levels. For example Section 2115.3 prohibits installing "whistle-tip" or similar devices which emit a high pitched or shrieking noise when the vehicle is in operation. Furthermore certain vehicles can get special exemptions from these laws while participating in an organized racing or competitive events (27150.c). Additionally motorcycle exhaust noise levels depend on the year of manufacture, where motorcycles manufactured before 1970 can have up to 92 dbA, and after 1985 up to 80 dbA (full table in Section 27202 in Article 2.5 linked below). Kent Ferrin Lieutenant Huntington Beach Police Department z 11/1/2017 17.10.050 Nuisance Designated Hunk,, "ton C"'­�ter ancli Up P�--, N,ext Sea-- rint No Frames MUNICIPAL CODE Title 17 BUILDINGS AND CONSTRUCTION Chapter 17.10 HUNTINGTON BEACH NUISANCE CODE remove higlifiLlhfing 1 17.10.050 Nuisance Designated ........... --------- It is hereby declared a public nuisance, or an act in the nature of a public nuisance, for any person or party to cause, permit, abet or otherwise allow any premises in this City to be used in such a manner that any one or more of the activities or conditions described in the following subsections are found to occur thereon. A. Any condition or activity which is a "nuisance" or a "public nuisance" as defined in Sections 3479 and 3480 of the Civil Code of the State of California or which is specifically declared to constitute a nuisance or public nuisance by any statute of the State of California or by any ordinance of the City of Huntington Beach. B. The violation of any provisions of the following California Codes which have been adopted, as amended, by the City of Huntington Beach: I Califoriiia BLIddim-Y Code, ...............11 ­­­ -.1- 2. California Electrical Code; ............11.1 1—- 3. C California Fire ode; ........................_ -......... ..... ................- , 4. Califoinia Residential Code; ...........­1 -.............. 5. California Plumbing Code; 6. California Mechanical Code; 7. Uniform Code for the Abatement of Dangerous Buildings; 8. Uniform Swimming Pool, Spa and Hot Tub Code. C. The violation of any provision of the Huntington Beach Municipal Code, or the Huntington Beach Zoning and Subdivision Ordinance Code, or any code adopted by reference. D. The operation or maintenance of any business, trade or profession in violation of Title 5 of this Code, or lack of a proper certificate of occupancy. E. The frequent gathering, or coming and going, of people who have an intent to purchase or use controlled substances on or at any premises in this City. F. Participation in a criminal street gang as proscribed by California Penal Code Section 186.22. ...................._ G. The making or continuing, or causing to be made or continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. H. The occurrence of criminal activity at any premises which threatens the life, health, safety or welfare of the residents of the premises, neighbors or the public. 1. Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction. J. Land, the topography or configuration of which, whether in a man-made state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent proper-ties. K. The failure to secure and maintain from public access all doorways, windows and other openings into vacant structures. L. Overgrown vegetation on developed property which: 1. Harbors rats, vermin, and other disease carriers; or http:/twww.qcode.us/codes/huntingtonbeach/ 1/3 11/1/2017 17.10.050 Nuisance Designated 2. Causes detriment to neighboring properties or property values; or 3. Causes a hazardous condition to pedestrian and/or vehicular traffic. M. Dead, decayed, diseased or hazardous trees, weeds and other vegetation on developed property which: 1. Constitutes an unsightly appearance; or 2. Creates danger to public safety and welfare; or 3. Is detrimental to nearby property or property values. N. Abandoned, broken, neglected machinery or equipment which poses a potential hazard to the general public. O. Unprotected or hazardous excavations, swimming pools,and ponds. P. Broken or discarded furniture, household equipment and appliances on the premises which causes damage or is a detriment to neighboring properties. Q. Packing boxes, lumber, dirt and other trash or debris outside commercial and industrial buildings which is visible from public streets and causes detriment to neighboring properties. R. Accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and landscaped areas. S. Deteriorated parking lots which have pot holes, cracks and ridges. T. Fences in a state of disrepair or in a dilapidated condition. U. Premises including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes, but is not limited to, the keeping and disposing of or the scattering over the property or premises of any of the following: (1) lumber,junk, trash or debris; (2) abandoned or discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; (3) stagnant water or excavation(s); (4) any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or inappropriate location; or (5) permitting or allowing any graffiti to remain on any building, wall, fence or structure. V. The use of any premises for the purpose of illegal gambling, lewdness, assignation, or prostitution as proscribed by State law or this Code. W. The maintenance, use, rental or lease of any premises, or subunit thereof, including single-family dwellings, where persons are allowed to congregate, gather or loiter in such a manner as to disturb the peace of other persons lawfully on the property itself or lawfully in the vicinity of the property. X. The use of any premises for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance, precursor, or analog as those terms are defined by state law. Y. Noise disturbances in violation of Chapter 8,40 of this Code. Z. Maintenance of properties or premises in such a manner as to cause substantial diminution of the enjoyment, use, or property values of adjacent properties. AA. The maintenance of any sidewalk or driveway located on private property which is debilitated, broken, damaged, or raised to such a degree as to be unsightly if it can be viewed from public property, or to be injurious to property or injurious to persons using said driveway or sidewalk. BB. The maintenance of property where buildings or structures have been left boarded up for a period in excess of 10 days without a valid demolition or building permit on file with the Huntington Beach Community Development Department or abate said boarded up condition. CC. The maintenance of buildings or structures used or intended to be used for dwelling purposes, storage or similar uses, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or use is in a condition that is likely to cause injury or be detrimental to the health, safety, or general welfare of those living in the area or within. DD. The maintenance of any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall http://www.gcode.us/codes/huntingtonbeach/ 2/3 11/1/2017 17.10.050 Nuisance Designated 'be deemed and hereby is declared to be a substandard building as defined in Section 17920.3 of the Health and Safety Code of the State of California. (3386-3/98, 3398-7/98, 3997-11/13) View the mobile version. http:/A,vww.qcode.us/codes/huntingtonbeach/ 3/3 11/1/2017 8.40.112 Loud Noises Beach Chart-er and Next M s i F r,n' Nu Fran;,, MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.40 NOISE CONTROL 8.40.112 Loud Noises It shall be unlawful for any person to: A. Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument, phonograph, CD, DVD, tape player,juke box, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of other persons. B. Make or allow to be made any noise which continues for more than a five-minute period between the hours of 10:00 p.m. and 7:00 a.m. if such noise is audible for 50 feet or more from the source of the noise. C. Maintain, manage, or control any business or residential property in violation of subsections A or B of this section. D. Own, maintain, control, operate, take care or custody of, or otherwise provide any premises, and allow noise to continue after being informed, anytime within the preceding 30 days by the Police Department, that a violation of this chapter has been committed on said premises. E. Violations of this section are hereby declared a nuisance. (3514-12/01) View the mobile version. http:/lwww.gcode.us/codes/hunti ngtonbeach/ 1/1 11/1/2017 $$. $$ 8.40.111 Prohibited Noises Code',on Beac Up z: _� s Next Main Search .' ;Int No FrFmes MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.40 NOISE CONTROL I remove highlighting* 1 8.40.111 Prohibited Noises A. Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. B. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following: 1. The level of the noise; 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level and intensity of the background noise, if any; 5. The proximity of the noise to residential sleeping facilities; 6. The nature and zoning of the area within which the noise emanates; 7. The density of the inhabitation of the area within which the noise emanates; 8. The time of the day and night the noise occurs; 9. The duration of the noise; 10. Whether the noise is recurrent, intermittent or constant; and 11. Whether the noise is produced by a commercial or noncommercial activity. (3216-12/93) View the mobile version, http://www.gcode.us/codes/hunti ngtonbeach/ 1/1