HomeMy WebLinkAboutOrdinance 3978 - Amends HBMC Chapter 2.06 relating to Campai PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
sso
) CITY of HUNTINGTON
COUNTY OF ORANGE
BEACH
LEGAL NOTICE
ORDINANCE NO.W8
1 am a citizen of the United States and a Adopted by 69 City Council,I
resident of the County of Los Angeles; I on MAY20,2013
"AN ORDINANCE OF THE,
am over the age of eighteen years, and CITY OF HUNTINGTON
BEACH AMENDING THE
not a party to or interested in the notice HUNTINGTON BEACH!
MUNICIPAL CODE BY:
published. I am a principal clerk of the 'ADDING CHAPTER 2.06,,
RELATING TO CAMPAIGN
HUNTINGTON BEACH .
DOCUMENTS" �
INDEPENDENT, which was adjudged a SYNOPSIS: _
'r�ie�inance was!
drafted to include the
newspaper of 'general circulation on disclosure of all cam
September 29, 1961, case A6214, and when n d o c u m e n t s
wherein one thousand]
(1000) or more are dis-,
June 11, 1963, case A24831, for the tributed within 30 days
of any general or special:
City of Huntington Beach, County of election shall within one
(1) business day of firstl
Orange, and the State of California. distribution, transmits.
two (2) copies of the.
Attached to this Affidavit is a true and campaign document tol
the.City Clerk's'office.
complete copy as was printed and The distribution includes)
mail,and fliers.
published on the following date(s): PASSED. AND ADOPTED'
by the City Council of.
the City of Huntington;
Beach at a regular,
Thursday, May 30, 2013 meeting held May .20,)
2013 by the following
roll call vote: I
AYES: Sullivan; Hardy,`
Boardman,Shaw
NOES: 7
certify (or declare) under penalty Harper; Carchio;`
Katapodis'
ABSTAIN:None
of perjury that the foregoing is true ABSENT:NoneTHE FULL TEXT OF THE)
and correct. ORDINANCE IS AVAIL
ABLE IN .THE CITY'
CLERKS OFFICE.
This ordinance Is effec-
tive 30 days after'
adoption.
CITY OF HUNTINGTON
Executed on June 10, 2013 BEACH
2000 MAIN STREET
at Los Angeles, California HUNTINGTONCA BEAC.
CA
714-536-5227
JOAN L.FLYNN,CITY i
CLERK
Published H.B. Indepen
dent5/30/13
Signature
ORDINANCE NO. 39.78___-_ --__.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING CHAPTER 2.06 RELATING TO CAMPAIGN DOCUMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 2.06,to read as follows:
Sections: Campaign Documents
2.06.010 Findings&Purpose
2.06.020 Definitions
2.06.030 Filing
2.06.040 Public Record
2.06,050 Application
2.06,060 Penalties
2.06.010 Findings and Purpose. The City Council finds and declares as follows-
A. Elections are susceptible to the dissemination of campaign literature known as
"hit pieces." These documents are sent to voters in the later stages of a campaign, typically
contain personal attacks on candidates or the proponents/opponents of measures and frequently
misrepresent a candidate's position on issues or the true impact of a measure.
B. Prompt public disclosure of the contents of last minute campaign documents
including hit pieces will allow for the discussion of important issues and the conduct of fair
elections by: (1) offering the candidate attacked an opportunity to accurately represent his or her
position on issues; (2) offering opponents or proponents the opportunity to respond to statements
about a measure that are untrue or believed to be untrue; and(3) providing an opportunity for a
candidate, proponent or opponent to disavow the contents of any campaign document that he or
she believes represents an unfair, untrue or improper attack on any person.
C. The requirement for prompt disclosure of last minute campaign documents is
content neutral, serves compelling municipal interests in fair elections and full discussions of
relevant issues, and is the least intrusive method available to further these interests.
2.06.020 Definitions. For the purposes of this Chapter, the following terms shall have the
meaning specified in this Section:
13-3673lCampaign Documents FINAL.doe 1
Ordinance No. 3978
A. "Campaign document" means any writing or document which supports, opposes
or relates to any candidate or measure.
B. "Candidate" means any individual who is listed on the ballot or who has qualified
to have write-in votes on his or her behalf counted by election officials for the City of
Huntington Beach.
C. "Distributing" or"Distribution" shall mean mailing via U.S. mail or passing out
any campaign document to any person.
D. "Measure" means any initiative, referendum, charter amendment or other
proposition which is listed on the ballot for any general or special municipal election and which
is being voted on only in the City of Huntington Beach.
E. "Person" includes any individual, proprietorship, firm, partnership,joint venture,
syndicate, business trust, company, corporation, association, committee, and any other
organization or group of persons acting in concert.
2.06.030 Piling. Any person distributing one thousand (1,000), or more, substantially similar
campaign documents within thirty(30) days of any general or special municipal election shall,
within one business day of first distribution, transmit two (2) copies of the campaign document
to the City Clerk for the City of Huntington Beach.
2.06.040 Public Record. Campaign documents filed with the City Clerk shall be a matter of
public record. The City Clerk shall make available, upon the request of any person appearing at
the office of the City Clerk during normal business hours, a copy of campaign documents filed
with the City Clerk.
2.06.060 Penalties. Any violation of this chapter shall be punishable by:
(a) Administrative Citation. Violation of this Chapter is subject to the issuance of an
administrative citation under the provisions of Chapter 1.18 of this Code. An operator
may be cited for violations occurring on the premises in their presence or for knowingly
permitting violations of this Chapter.
(b) Civil Action. The City Attorney may institute an action in any court of competent
jurisdiction, including an action to abate a nuisance,to restrain, enjoin, or abate the
condition(s)found to be in violation of the provisions of this Chapter, as provided by law.
(c) It shall be a violation of this Chapter for any principal, including but not limited to any
operator, to permit, procure, counsel or assist any agent of that principal, including but
not limited to an employee or independent contractor, to violate any provision of this
Chapter.
13-3673/Campaign Documents FINAL.doc 2
Ordinance No. 3978
SECTION 2: Severability. Should any section, paragraph, sentence or word of this
Ordinance be declared, for any reason,to be invalid, it is the intent of the Council that it would
have passed all other portions of this Ordinance independent of the portion declared invalid.
SECTION 3. Savings Clause. Neither the adoption of this ordinance nor the repeal of
any other ordinance of the City shall, in any manner, affect the prosecution for violations of
ordinances committed prior to the effective date of the adoption or repeal, nor be construed as a
waiver of any of the penalty of penal provisions applicable to such violation. The provisions of
this ordinance, to the extent they are substantially the same as ordinances previously adopted by
the City and relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. 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 20th day of May , 2013.
e
ATTEST:
Mayor
`'City Clerk 1'
REVIEWED, INITIATED AND APPROVED
RE APPROVED: AS TO FORM:
t nager Fu City Attorne
13-3673/Campaign Documents FINAL.doc 3
Ord. No. 3978
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 May 6, 2013, and was again read to said City Council at a
Regular meeting thereof held on May 20,2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Boardman, Shaw
NOES: Harper, Carchio, Katapodis
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 May 30,2013.
k
In accordance with the City Charter of said City
Joan L. Fl City Clerk Citylerk and ex-officio Clbfk
Senior De u City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 3978
=
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING CHAPTER 2.06 RELATING TO CAMPAIGN DOCUMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 2.06,to read as follows:
Sections: Campaign Documents
2.06.010 Findings&Purpose
2.06.020 Definitions
2.06.030 Filing
2.06.040 Public Record
2.06.050 Application
2.06.060 Penalties
2.06.010 Findinis and Purpose. The City Council finds and declares as follows:
A. Elections are susceptible to the dissemination of campaign literature known as
"hit pieces." These documents are sent to voters in the later stages of a campaign,typically
contain personal attacks on candidates or the proponents/opponents of measures and frequently
misrepresent a candidate's position on issues or the true impact of a measure.
B. Prompt public disclosure of the contents of last minute campaign documents
including hit pieces will allow forte the discussion of important issues and the
conduct of fair elections by: (1)offering the candidate attacked an opportunity to accurately
represent his or her position on issues:(2)offering opponents or proponents the opportunity to
respond to statements about a measure that mare untrue or believed to be untrue-and(3)
providing an opportunity for a candidate,proponent or opponent to disavow the contents of any
campaign document that he or she believes represents an unfair,untrue or improper attack on any F
person.
C. The requirement for prompt disclosure of last minute campaign mailer
documents is content neutral,serves compelling municipal interests in fair elections and full
discussions of relevant issues,and is the least intrusive method available to further these
interests.
2.06.020 Definitions. For the purposes of this Chapter,the following terms shall have the
meaning specified in this Section:
s�
13-3673/C ampw&n Document=F1\_V doe" " 4 1
A. "Campaign document"means any writing or document which supports,opposes -
or relates to any candidate or measure.
B. Candidate"means anv individual who is listed on the ballot or who has qualified
to have write-in votes on his or her behalf counted by election officials for the Citv of
Huntington Beach.
C. "Distributine"or"Distribution"shall mean mailing via U.S. mail or passing out
any campaign document to any person.
D. "Measure"means anv initiative.referendum, charter amendment or other
proposition which is listed on the ballot for any general or special municipal election and which
is bein2 voted on only in the City of Huntington Beach.
BE. "Person'includes any individual,proprietorship,firm,partnership.joint venture,
syndicate,business trust,company,corporation,association,committee, and any other
organization or group of persons acting in concert.
C. "Candidate"ineans anv individual whe is listed on the ballot of whe has qualified
is beingvoted on ftliii the Ci of H D h
_,;.fps„t t
F. "Opponent"means afly per son Nk he has publiel� diselesed his el:her eppesitieli to
a�
G.
disseminating � ,Y,,:yn a vrr_
2.06.030 Filing. Any person distributing done thousand(21.000),or more,
substantially similar campaign documents within thirty(30)days of any general or special
municipal election shall within twenty u ho24)feat(
tea.Jone business day of first distribution, -
transmit yrt�ti o(�l o f- of the campaign document to the City Clerk for the City-of comment[fif is onecN,9-.daee a�ntig
Huntington Beach ?h.,^ o •i ,7 ,- �d, Council Meetiaa-1VIay 6 2013 .o. ,, gun u�.� c� 0
2.06.040 Public Record. Campaign documents filed with the City Clerk shall be a matter of
public record.The City Clerk shall make available,upon the request of any person appearing at
13-3673/C'atnnaianDocuments FIN,.M Bloc" 2 - -
the office of the City Clerk during normal business hours,eiie a copy of campaign documents
filed with the City Clerk.
7 nc n ieatl9n. ThepFe�Asiaiisof thi !'hapte shall apply to afty pefsen distf-ibuting, =-
2.06.060 Penalties. Any violation of this chapter shall be punishable bv:
,a
a Administrative Citation. Violation of this Cha ter is subject to the issuance of an -- Formatted:Indent:Left: D Hanging: o.s^
� P J
administrative citation under the provisions of Chapter 1.18 of this Code. An operator
may be cited for violations occurring on the premises in their presence or for knowingly
permitting violations of this Chapter.
(b) Civil Action. The City Attornev may institute an action in any court of competent
jurisdiction including an action to abate a nuisance,to restrain.enjoin.or abate the
condition(s)found to be in violation of the provisions of this Chapter.as provided by law.
(c) It shall be a violation of this Chapter for anv principal including but not limited to any
operator to permit procure counsel or assist any agent of that primal including but -
not limited to an employee or independent contractor,to violate any provision of this
Chapter.
A. Any pefsen who knowingly andv6llfally violates the pf)visions fSection
of both.
B. n eandidate > viola+es the pfavisions of-Seel; 2 06 n_n in the eotifse o
shall be filled as pfevided in Seetion 312 of the TT,nti t Gi Gh �
�'-Amac-e"h"
SECTION 2: Severability. Should any section,paragraph,sentence or word of this
Ordinance be declared,for any reason,to be invalid,it is the intent of the Council that it would
have passed all other portions of this Ordinance independent of the portion declared invalid.
SECTION 3. Savings Clause. Neither the adoption of this ordinance nor the repeal of
any other ordinance of the City shall,in any manner,affect the prosecution for violations of
ordinances committed prior to the effective date of the adoption or repeal,nor be construed as a
waiver of any of the penalty of penal provisions applicable to such violation. The provisions of
this ordinance,to the extent they are substantially the same as ordinances previously adopted by
13-3673/Caml)a.tan Documents FI NA t.dnc�4;`=-_��-aa.. 3
the City and relating to the same subject matter,shall be construed as restatements and
continuations,and not as new enactments.
SECTION 4. 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 day of .2013.
Mayor
ATTEST: 6rPP ()N`4A)AS TO FOPA .
City Clerk C-4N Attafne.,'
REVIEWED AND APPROVED: REVIEWED.INITIATED AND APPROVED
AS TO FORM:
City Manager
City Attorney
133673/.C� n�ai;n Dgemnents FfAA,L do —,-.� 4
•
fie I
City of Huntington Beach
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: City Councilrnernber Joe Shaw
FROM: Joan L. Flynn, CMC, MPA, City Clerk
DATE: May 6, 2013
SUBJECT: SUPPLEMENTAL COMMUNICATION AGENDA ITEM #16
MAY 6, 2013 CITY COUNCIL MEETING
ORDINANCE NO. 3978 - CAMPAIGN DOCUMENTS
Thank you for your consideration and your verbal agreement concerning my request to
amend the language of the Campaign Document ordinance. I appreciate that you will
request approval with the Mayor and other five Councilmembers, as this will help reduce
the City Clerk staff processing time.
I'm requesting a revision to "Section 2.06.030 — Filing" to require two copies of campaign
documents to be filed with the City Clerk, as follows:
2.06.030 Filing. Any person distributing one thousand (1,000) or more, substantially
similar campaign documents within thirty (30) days of any general or special municipal
election shall, within one business day of first distribution, transmit y two copies of
the campaign document to the City Clerk for the City of Huntington Beach.
Thank you for your consideration.
SUPPLEMENTAL
COMMUNICATION
fling
Agenda um
Memo to Councilmember Shaw-Campaign Documents Chapter 2.06.doc
5/6/2013 3:17:00 PM
Dept.ID CA 13-004 Page 1 of 1
Meeting Date:5/6/2013
dtu.�oLc�T �►,�u.w �
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/6/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Approve for introduction Ordinance No. 3978 amending the Huntington Beach
Municipal Code by adding Chapter 2.06 relating to Campaign Documents
Statement of Issue: On April 1, 2013 City Council directed the City Attorney to prepare an
ordinance relating to the submission of campaign documents.
Financial Impact: N/A
Recommended Action:
Approve for introduction Ordinance No 3978, "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Adding Chapter 2.06 Relating to Campaign
Documents."
Alternative Action(s):
Do not adopt Ordinance No. 3978 amending the Huntington Beach Municipal Code by adding
Chapter 2.06 relating to Campaign Documents.
Analysis:
The attached ordinance is currently drafted to include the disclosure of all campaign documents
wherein one thousand (1000) or more are distributed within 30 days of any general or special
election. Distribution includes mail, and fliers. The City Council may amend the ordinance to
broaden or narrow the ordinance.
Environmental Status: N/A
Strategic Plan Goal:
Improve long-term financial sustainability.
Attachment(s):
1. Ordinance No. 3978, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Adding Chapter 2.06 Relating to Campaign
Documents."
Item 16. - 1 xB -476-
ATTACHMENT # 1
Beach Municipal Code (HBMC) by adding Chapter 2.06 relating to
Campaign Documents
Recommended Action:
Return for first reading on May 6, 2013, the approval for Introduction
Ordinance No. 3978, "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by adding Chapter 2.06
relating to Campaign Documents, as amended to include, 2.06.020 G -
mailing and walking only; 2.06.030 - filing campaign mailers 1000 or more,
and change from 24-hour delivery to the City Clerk's Office to one
business day, eliminate email transmittal; 2.060.060 A: Civil Citations (fee
only, instead of misdemeanor); 2.06.060— B; delete completely(remove
all references to emailing in the ordinance)
Approved 7-0
COUNCILMEMBER COMMENTS (Not Agendized)
Harper, Boardman, Carchio, Shaw, Katapodis reported.
ADJOURNMENT — 7:49 PM
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, May 06, 2013, at 4.30 PM in Room B-8, Civic Center, 2000 Main Street,
Huntington Beach, California.
►NTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
AND STAFF REPORT MATERIAL IS LOCATED UNDER THE "GOVERNMENT" TAB AT
http://Www.huntingtonbeachca-gov
City Council/PFA Regular Meeting
March 15, 2013
-7-
and Sane Fireworks, and execute contracts with ten non-profits groups; and,
B) Execute any other contracts on behalf of the Fourth of July Executive Board
regarding the sale of Safe and Sane Fireworks.
Approved 7-0
11. Adopt Ordinance No. 3973 amending Chapter 5.24 of the Huntington
Beach Municipal Code (HBMC). The proposed amendment augments
current state law and enhances the City's ability to regulate massage
businesses operating in Huntington Beach
Approved for introduction April 1, 2013 - (Vote: 6-0-1, Carchio absent)
Recommended Action:
Adopt Ordinance No. 3973, "An Ordinance of the City of Huntington Beach
Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to
Massage Establishments."
Approved 7-0
12. Adopt Ordinance No. 3976 updating the Huntington Beach Municipal Code
(HBMC) and Zoning and Subdivision Ordinance (ZSO) to reflect certain
technical, non-substantive changes identified by Quality Code
Publishing's Standard Editorial Procedures
Approved for introduction April 1, 2013 - (Vote: 6-0-1, Carchio absent)
Recommended Action:
Adopt Ordinance No. 3976, "An Ordinance of the City of Huntington Beach,
California Amending Various Sections of the Huntington Beach Municipal Code
(HBMC) and Zoning and Subdivision Ordinance (ZSO) to Globally Change
Department Head Titles of City Administrator, Deputy City Administrator and
Chief of Police; Amending HBMC Section 1.01.020 to Identify Quality Code
Publishing as the Publisher of the HBMC; Amending HBMC Section 1 .01.040 to
Reflect the Updated City Charter; and Adopting Standard Editorial Procedures
as Recommended by Quality Code Publishing."
Approved 7-0
13. Adopt Ordinance No. 3977 repealing Huntington Beach Municipal Code
(HBMC) Chapter 9.28 which regulates pinball machines in the City
Approved for introduction April 1, 2013 - (Vote: 6-0-1, Carchio absent)
Recommended Action:
Adopt Ordinance No. 3977, "An Ordinance of the City of Huntington Beach
Repealing Chapter 9.28 of the Huntington Beach Municipal Code Relating to
Pinball Machines."
Approved 7-0
ORDINANCES FOR INTRODUCTION
14. Approve for introduction Ordinance No. 3978 amending the Huntington
City Council/PFA Regular Meeting
March 15, 2013
-6-
Dept. ID CA 13-004 Page 1 of 1
Meeting Date:4/15/2013
667U4A) A0A r-74-571—
/ uJ6 m4 y b, Zn�3
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION .
MEETING DATE: 4/15/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Approve for introduction Ordinance No. 3978 amending the Huntington Beach
Municipal Code by adding Chapter 2.06 relating to Campaign Documents
Statement of Issue: On April 1, 2013 City Council directed the City Attorney to prepare an
ordinance relating to the submission of campaign documents.
Financiallmpact: N/A
Recommended Action:
Approve for introduction Ordinance No 3978, "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Adding Chapter 2.06 Relating to Campaign
Documents."
Alternative Action(s):
Do not adopt Ordinance No. 3978 amending the Huntington Beach Municipal Code by adding
Chapter 2.06 relating to Campaign Documents.
Analysis:
The attached ordinance is currently drafted to include the disclosure of all campaign documents
wherein two hundred (200) or more are distributed within 30 days of any general or special election.
Distribution includes mail, fliers, and email. The City Council may amend the ordinance to broaden
or narrow the ordinance.
Environmental Status: N/A
Strategic Plan Goal:
Improve long-term financial sustainability.
Attachment(s):
1. Ordinance No. 3978, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Adding Chapter 2.06 Relating to Campaign
Documents."
Item 14. - 1 xB -292-
ATTACHMENT # 1
ORDINANCE NO. 3978
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CO
BY ADDING CHAPTER 2.06 RELATING"TO CAMPAIG N DOC MENTS
The City Council of the City of Huntington Beach does hereby rdain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended b adding
g P � Y Y g
Chapter 2.06, to read as follows:
Sections: Campaign Documents
2.06.010 Findings & Purposes\"
2.06.020 Definitions
2.06.030 Filing 2.06.040 Public Recordf��{�
2.06.050 Application
2.06.060 Penalties
2.06.010 Findings and Purpose. The City council finds and declares as follows:
A. Elections are susceptible to the dissemination of campaign literature known as
"hit pieces." These documents are sent to v ters in the later stages of a campaign, typically
contain personal attacks on candidates or tlfe proponents/opponents of measures and frequently
misrepresent a candidate's position on issues or the true impact of a measure.
B. Prompt public disclosure of the contents of last minute campaign documents
including hit pieces will allow for the/discussion of important issues and the conduct of fair
elections by: (l) offering the candidate attacked an opportunity to accurately represent his or her
position on issues; (2) offering opponents or proponents the opportunity to respond to statements
about a measure that are untrue off•'believed to be untrue; and (3) providing an opportunity for a
candidate, proponent or opponent to disavow the contents of any campaign document that he or
she believes represents an unf4ir, untrue or improper attack on any person.
C. The requirement for prompt disclosure of last minute campaign documents is
content neutral, serves compelling municipal interests in fair elections and full discussions of
relevant issues, and is the/least intrusive method available to further these interests.
2.06.020 Definitions. For the purposes of this Chapter, the following terms shall have the
meaning specified in t]iiis Section:
r
13-3673/91956.doe 1
i
Ordinance No. 3978
A. "Campaign document' means any writing or document which supports, opposes
or relates to any candidate or measure. /
B. "Candidate" means any individual who is listed on the ballot or�ho has qualified
to have write-in votes on his or her behalf counted by election officials for the ity of
Huntington Beach.
C. "Distributing" or"Distribution" shall mean mailing via U.S. mail or passing out
any campaign document to any person.
D. "Measure" means any initiative, referendum, charter , nendment or other
proposition which is listed on the ballot for any general or special iunicipal election and which
is being voted on only in the City of Huntington Beach.
E. "Person" includes any individual, proprietorship, firm, partnership,joint venture,
syndicate, business trust, company, corporation, association,Pommittee, and any other
organization or group of persons acting in concert.-
2.06.030 Filing. Any person distributing one thousand'(1,000), or more, substantially similar
campaign documents within thirty (30) days of any general or special municipal election shall,
within one business day of first distribution, transmit a copy of the campaign document to the
City Clerk for the City of Huntington Beach,
1
2.06.040 Public Record. Campaign document/filed with the City Clerk shall be a matter of
public record. The City Clerk shall make available, upon the request of any person appearing at
the office of the City Clerk during normal business hours, a copy of campaign documents filed
with the City Clerk.
�1
2.06.060 Penalties. Any violation of this chapter shall be punishable by:
(a) Administrative Citation. Violation of this Chapter is subject to the issuance of an
administrative citation under theprovisions of Chapter 1.18 of this Code. An operator
may be cited for violations occurring on the premises in their presence or for knowingly
permitting violations of this hapter.
1�
(b) Civil Action. The City AtYlorney may institute an action in any court of competent
jurisdiction, including ail/action to abate a nuisance, to restrain, enjoin, or abate the
condition(s) found to �I`in violation of the provisions of this Chapter, as provided by law.
(c) It shall be a violation,of this Chapter for any principal, including but not limited to any
operator,to permit,irocure, counsel or assist any agent of that principal, including but
not limited to an emTiployee or independent contractor, to violate any provision of this
Chapter.
vxl
_7
it
13-3673/91956.doc " 2
Ordinance No. 3978
SECTION 2: Severability. Should any section, paragraph, sentence or word of this
Ordinance be declared, for any reason, to be invalid, it is the intent of the Council tl at it would
have passed all other portions of this Ordinance independent of the portion declar d invalid.
SECTION 3. Savings Clause. Neither the adoption of this ordinance nor the repeal of
any other ordinance of the City shall, in any manner, affect the prosecution fo violations of
ordinances committed prior to the effective date of the adoption or repeal, na be construed as a
waiver of any of the penalty of penal provisions applicable to such violatio The provisions of
this ordinance, to the extent they are substantially the same as ordinances reviously adopted by
the City and relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. This ordinance shall become effective 30 da after its adoption.
PASSED AND ADOPTED by the City Council of the Cityy of Huntington Beach at a
regular meeting thereof held on the day of , 2013.
ATTEST:
Mayor
City Clerk
REVIEWED, INITIATED AND APPROVED
REVIE D APPROVED:
AS TO FORM:
y M nager ; City Attorney
k f r
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CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
From: Joe Shaw, City Council Member
Date: March 25, 2013
Subject: CITY COUNCIL MEMBER ITEM FOR THE APRIL 1, 2013, CITY
COUNCIL MEETING—AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING CHAPTER 2.06 RELATING TO
CAMPAIGN DOCUMENTS
STATEMENT OF ISSUE:
Elections are susceptible to the dissemination of campaign literature known as "hit
pieces." These documents are sent to voters in the later stages of a campaign, typically
contain personal attacks on candidates of the proponents/opponents of measures, and
frequently misrepresent a candidate's position on issues or the true impact of a
measure.
Prompt public disclosure of last minute campaign documents will promote the
discussion of important issues and the conduct of fair elections by: (1) offering the
candidate attacked an opportunity to accurately represent his or her position on issues;
(2) offering opponents or proponents the opportunity to respond to statements about a
measure that are untrue or believed to be untrue; and (3) providing an opportunity for a
candidate, proponent, or opponent to disavow the contents of any campaign document
that he or she believes represents an unfair, untrue, or improper attack on any person.
The requirement for prompt disclosure of last minute campaign mailers is content
neutral, serves compelling municipal interests in fair elections and full discussions of
relevant issues, and is the least intrusive method available to further these interests.
RECOMMENDED ACTION:
Direct the City Attorney to draft an ordinance amending the Huntington Beach Municipal
Code by adding Chapter 2.06 relating to campaign documents.
xc: Fred Wilson, City Manager
Bob Hall, Assistant City Manager
Joan Flynn, City Clerk
Jennifer McGrath, City Attorney
�/
ORDINANCE NO. 3978
AN ORDINANCE OF THE CITY OF HUNTINGTON BEAC
AMENDING THE HUNTINGTON BEACH MUNICIPAL CDE
BY ADDING CHAPTER 2.06 RELATING TO CAMPAIGN DOCUMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION1. The Huntin on Beach Municipal Code is H
ereby amended by adding
Chapter 2.06,to read as follows:
Sections: Campaign Documents
2.06.010 Findings& Purpose
2.06.020 Definitions
2.06.030 Filing
2.06.040 Public Record
2.06.050 Application
2.06.060 Penalties
2.06.010 Findings and Purpose. The C1 Council finds and declares as follows:
A. Elections are susceptible t the dissemination of campaign literature known as
"hit pieces." These documents are sent o voters in the later stages of a campaign, typically
contain personal attacks on candidates or the proponents/opponents of measures and frequently
misrepresent a candidate's position on issues or the true impact of a measure.
B. Prompt public disclosure of the contents of last minute campaign documents
including hit pieces will allow for the discussion of important issues and the conduct of fair
elections by: (1)offiering the candidate attacked an opportunity to accurately represent his or her
position on issues; (2) offering opponents or proponents the opportunity to respond to statements
about a measure that are untrue or believed to be untrue; and(3) providing an opportunity for a
candidate, proponent or opponent to disavow the contents of any campaign document that he or
she believes represents,Aa unfair, untrue or improper attack on any person.
C. The requirement for prompt disclosure of last minute campaign documents is
content neutral, serves compelling municipal interests in fair elections and full discussions of
relevant issues, and is the least intrusive method available to further these interests.
2.06.020 DefinitLs. For the purposes of this Chapter, the following terms shall have the
meaning specified in this Section:
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Ordinance No. 3978
A. "Campaign document" means any writing or document which supports, opposes
or relates to any candidate or measure. 7
B. "Person" includes any individual, proprietorship, firm, partners,joint venture,
syndicate, business trust, company, corporation, association, committee, and any other
organization or group of persons acting in concert.
C. "Candidate". means any individual who is listed on the/baliot or who has qualified
to have write-in votes on his or her behalf counted by election officials for the City of
Huntington Beach.
D. "Measure" means any initiative, referendum, charter amendment or other
proposition which is listed on the ballot for any general or special municipal election and which
is being voted on only in the City of Huntington Beach.
G. "Distributing" or"Distribution" shall ;can mailing, sending, passing out or
otherwise disseminating any campaign document to
dny person.
2.06.030 Filing. An person distributing two hundred 200), or more, substantially similar
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campaign documents within thirty(30) days of�y general or special municipal election shall,
within twenty four(24)hours of first distribution, transmit a copy of the campaign document to
the City Clerk for the City of Huntington Beath. The copy can be transmitted by email, fax or
delivered in person.
2.06.040 Public Record. Campaign documents filed with the City Clerk shall be a matter of
public record. The City Clerk shall mae available, upon the request of any person appearing at
the office of the City Clerkduring nor al business hours, a copy of campaign documents filed
with the City Clerk.
2.06.060 Penalties.
A. Any person who knowingly and willfully violates the provisions of Section
2.06.030 is guilty of a misdemeanor and may be punished by a fine of$500 or six months in jail
or both.
B. Any candidate who violates the provisions of Section 2.06.030 in the course of
any municipal election which results in the election of that candidate to the office of City
Council shall, upon/his/her conviction for violating Section 2.06.030, forfeit their office and the
vacancy shall be filled as provided in Section 312 of the Huntington Beach City Charter.
SECTIO�2: Severability. Should any section, paragraph, sentence or word of this
Ordinance be declared, for any reason, to be invalid, it is the intent of the Council that it would
have passed all other portions of this Ordinance independent of the portion declared invalid.
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Ordinance No. 3978
SECTION 3. Savings Clause. Neither the adoption of this ordinance nor the repeal of
any other ordinance of the City shall, in any manner, affect the prosecution for violations of
ordinances committed prior to the effective date of the adoption or repeal, nor be Construed as a
waiver of any of the penalty of penal provisions applicable to such violation. The provisions of
this ordinance, to the extent they are substantially the same as ordinances previously adopted by
the City and relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. 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 day of /r , 2013.
ATTEST:
✓ Mayor
City Clerk ��/
Yr
REVIEWED, INITIATED AND APPROVED
REVIEWED AND APPROVED: /AS TO FORM:
City Manager City Attorn
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