HomeMy WebLinkAboutOrdinance 3656 - Amending Chapter 13.08 of the Huntington Be \-1 7 r 1 C U- I-Vv 7
CITY OF HUNTINGTON BE'Ak;�`
MEETING DATE: 6/21/04 DEPARTMENT ID NUMBER: CA-04-12
Council/Agency Meeting Held:
Deferred/Continued to-4)0�=
.Approved ❑ Conditionally Approved ❑ Denied ler s Sig ure y
Council Meeting Date: 6/21/04 Departme ID Number: CA-04-12
CITY OF HUNTINGTON BEACH
d
REQUEST FOR COUNCIL ACTION
C = �
SUBMITTED TO: HONORABLE MAYO AND CITY COUNCIL MEMBERS
JENNIFER MCGRAT ity Attorney
SUBMITTED BY: -
_Q r
PREPARED BY: JENNIFER MCGRATH ity Attorney
SUBJECT: Whether or not to amend the Huntington Beach Municipal Code to
prohibit smoking on the beach nf4 1' oS0
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City amend the Huntington Beach Municipal Code to
prohibit smoking on the beach?
Funding Source: None.
Recommended Action: Approve introduction of Ordinance No.3lnSl0 , amending
Chapter 13.08 of the Municipal Code pertaining to regulation of the beach and pier to add
section 13.08.115 prohibiting smoking on the beach.
Alternative Action(s): Do not amend the Huntington Beach Municipal Code to prohibit
smoking.
Analysis: The City Council has recognized that secondary smoke endangers public health
and that discarded used tobacco products are found on the beach on a daily basis, causing
the beach to be unsightly, unclean, and dangerous to children who might ingest them.
Accordingly, the City Council requested the City Attorney to prepare an ordinance banning
smoking on the beach. This ordinance will be enforceable on all City-owned and operated
beaches. The City operates Bolsa Chica State Beach pursuant to an operating agreement
with the California Department of Parks and Recreation. Pursuant to that agreement, the
City may adopt any regulation that does not conflict with State law.
Further, the City has jurisdiction up to three miles in the ocean beyond the mean tide line.
As part of the incorporation of the City in 1909, authority to regulate navigable waters and
04 smoking - 6/8/04 3:43 PM
G— \ ,
i.EQUEST FOR COUNCIL AC i iON
MEETING DATE: 6/21/04 DEPARTMENT ID NUMBER: CA-04-12
the lands beneath them up to the three mile limit was delegated to the City. Delegated
regulatory power of local governmental entities over navigable waterways is akin to the
police power and thus allows reasonable regulation so long as it does not conflict with
State or Federal law (Graf v. San Diego.Unified Port District (1992) 9 Cal. Rptr2d 530).
Regarding that area of the beach for which there is no operating agreement giving authority
to the City by the State, City ordinances would not be enforceable. The general proposition
is that a state agency is immune from local regulation and the State is the entity with the
authority to control what can and cannot take place on its lands (see e.g. Bame v. City of
Del Mar(2001)86 C.A.4th 1346). Unless by conduct or enactment that demonstrates the
State has waived its exclusive jurisdiction over the beach south of Beach Boulevard, the
anti-smoking ordinance would not apply to persons on it. If the City Council so directs, the
City Attorney will contact the appropriate authority of the State to request that the State
agree to enforcement of the new ordinance.
Environmental Status:
Attachment(s):
City Clerk's
. - Number No. Description
1 Ordinance No. �3lnS U AN ORDINANCE OF THE CITY OF
40
HUNTINGTON BEACH AMENDING CHAPTER 13.08 OF THE
s HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO BEACH
REGULATIONS AND SMOKING ON THE BEACH
2 Legislative Draft of Chapter 13.08.
RCA Author: SCS
04 smoking 6/8/04 3:43 PM
ATTACH MENT 1
ORDINANCE NO. 3656
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.08 OF THE HUNTINGTON BEACH MUNICIPAL
CODE PERTAINING TO BEACH REGULATIONS AND SMOKING ON THE BEACH
The Council of the City of Huntington Beach does ordain as follows:
SECTION 1. FINDINGS. The City Council of the City of Huntington Beach hereby
finds that:
(a) Smoking on beaches endangers both children and adults by exposing them to
second-hand smoke and is especially hazardous to particular groups including those with chronic
health problems and the elderly.
(b) Cigarettes are the most common litter on California's beaches and cigarette butts
wash into the ocean where they pollute water and are ingested by ocean mammals.
(c) Cigarette and cigar butts and used matches dropped onto the ground in public
spaces degrade the aesthetic quality of those spaces.
(d) Cigarette and cigar butts and used matches dropped into the sand on the beach are
particularly dangerous because young children play in the sand and may ingest them.
(e) Smoking in waiting areas for public services endangers the health of those who
use the waiting area to obtain the services.
(f) Smoking near entrances and exits to public facilities endangers the health of those
who use and work within the facilities.
(g) Children and youth who observe smoking in public places may model the
behavior.
(h) Banning smoking on the beach, on the Pier, Pier Plaza, within waiting areas for
public services and within 20 feet of entrances and exists to public buildings is necessary to
protect the public health, safety and welfare of the City of Huntington Beach residents,workers
and visitors.
(i) The cities of Laguna Beach, San Clemente, Santa Monica and Solana Beach have
moved to ban smoking on beaches.
SECTION 2. That Section 13.08.005 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
04ord/chap 13-08/6/9/04 1
Ordi ice No. 3656
(k) Smoke or smoking means the carrying or holding of a lighted pipe, cigar, cigarette, or
any other lighted smoking product or equipment used to burn any tobacco products,
weed, plant, or any other combustible substance. Smoking includes emitting or exhaling
the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment used for
burning any tobacco product, weed, plant, or any other combustible substance.
SECTION 3. That Chapter 13.08 of the Huntington Beach Municipal Code is hereby
amended to add Section 13.08.115, said section read as follows:
13.08.115 Smoking boundaries. No person shall smoke on the Beach, Pier or Pier Plaza unless
the Director has designated a specific signed smoking area.
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 6th day of July , 2004.
r
ATTEST:
APPROVED AS TO FORM:
City Clerk
4( Ci y Attorney
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
Cit Administrator
0� Ci Attorney
04ord/chap 13-08/6/7/04 2
Ord. No. 3656
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 21st day of June, 2004, and was again read to said City
Council at a regular meeting thereof held on the 6th day of July, 2004, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: Cook
ABSENT: Houchen
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 July 15,2004.
In accordance with the City Charter of said City
Joan L.Flynn,City Clerk ity Clerk and ex-offs o Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT 2
ORDINANCE NO. �
LEGISLATIVE DRAFT
Chapter 13.08
BEACH REGULATIONS
(80-8/11,341-10/30,344-10/31, 554-12/49, 769-7/60,831-4/61,861-9/61,911-7/62, Urg 1306-3/67, 1509-7/69, 1535-11/69,
1588-8/70, 1743-5/72, Urg 1776-9/72, 1856-8/73, 1935-11/74,2138-1/77,2768-5/85,2851-8/68,2882-12/86,2907-8/87,
2964-10/88,3101-5/91,3123-11/91, Urg.Ord.3329-5/96,3355-7/97,3606-6/03,3615-10/03)
Sections:
13.08.005 Definitions
13.08.010 (Repealed Ord. No. 3606-6/03)
13.08.020 Defacing and/or destroying public property
13.08.025 Structures/Furniture
13.08.030 Littering
13.08.040 (Repealed Ord No 3606-6/03)
13.08.050 (Repealed Ord No 3606-6/03)
13.08.051 Tents and canopies
13.08.060 Fires
13.08.070 Dogs and other animals
13.08.080 Soliciting .
13.08.090 Alcoholic beverages-Consumption
13.08.100 Alcoholic beverages-Permits-Terms
13.08.110 Alcoholic beverages-Permits-Revocation or suspension
13.08.115 Smoking boundaries
13.08.120 Hazardous water sports
13.08.130 Hazardous articles
13.08.135 Motorized vessels
13.08.140 Beach games and practices
13.08.150 Digging
13.08.160 Spear Guns
13.08.170 Jumping from the Pier and public bridges
13.08.180 Climbing on rails of the Pier or bridges
13.08.190 Climbing on lifeguard stations
13.08.195 Tampering with Lifesaving Equipment
13.08.200 Leaving objects
13.08.210 False alarms
13.08.220 Interfering with lifeguard
13.08.225 Interfering with park ranger
13.08.230 Causing object to reflect
13.08.240 Curfew
13.08.250 (Repealed Ord. No. 3606-6/03)
13.08.260 Electrical systems
13.08.270 Noise
13.08.280 Vehicles-Regulation
13.08.285 Motor Vehicle Permits
13.08.290 Vehicle and parking regulation-Pier and Pier Plaza
13.08.300 Beach parking lot regulations
13.08.310 Fishing from the Pier
13.08.320 (Repealed Ord. No. 3606-6/03)
13.08.330 Removal of sand
13.08.340 Glass containers on the Beach
13.08.350 Beach and ocean closure-Authority
13.08.360 Enforcing Officer
13.08.370 Violation-Penalty
13.08.380 Violation-Alternative remedies
1egisdrft/1308LD/5/27/04 I
10/03
13.08.005 Definitions. For the purposes of this Chapter, the following terms shall have the
respective meanings set forth herein, unless the context in which they are used clearly indicates
to the contrary: (3606-6/03)
(a) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer and every liquid or solid
containing alcohol, spirits, wine or beer and which contains one-half of 1 percent or more
of alcohol by volume and which is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances. (3606-6/03)
(b) "Beach" includes that strip of land owned and/or operated by the City of Huntington
Beach, lying between Pacific Coast Highway and the mean high tide line of the Pacific
Ocean. (3606-6/03) "Beach" also includes that portion of the State Beach
which the City operates (Bolsa Chica) pursuant to an operating
agreement with the State of California.
(c) "Beach Parking Lot" means roads, driveways or parking area to service the Beach, Pier or
Pier Plaza, excluding those areas located on a street or highway. (3606-6/03)
(d) "Beach Service Road"means the paved roadway on the Beach that extends from Beach
Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean. (3606-6/03)
(e) "Director"refers to the Director of the Community Services Department and/or his/her
designee. (3606-6/03)
(f) "Occupied" means used for the purpose of protecting human beings from wind, sun, rain
or public view. (3606-6/03)
(g) "Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from
the mean high tide line, parallel to the three miles out from the Beach whether or not the
lands lying under said tidal waters are privately owned or publicly owned including but
not limited to the Water Activity Zone. (3606-6/03)
(h) "Person" means any individual, firm, copartnership,joint venture, association, social
club, fraternal organization, corporation or any other group or combination, acting as a
unit. (3606-6/03)
(i) "Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway
and Main Street on the Beach, which is a platform extending into the Pacific Ocean and
supported by piles or pillars. (3606-6/03)
(j) "Pier Plaza"means the developed area on the Beach immediately north and south
adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots
adjacent thereto. (3606-6/03)
(k) Smoke or smoking means the carrying or holding of a lighted pipe, cigar,
cigarette, or any other lighted smoking product or equipment used to burn
any tobacco products, weed, plant, or any other combustible substance.
Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette,
legisdrft/1308LD/5/27/04 2
or any other lighted smoking equipment used for burning any tobacco
product, weed, plant, or any other combustible substance.
(k) (1) "Water Activity Zone"means the area that extends 1,000 feet seward into-the Pacific
Ocean from the mean high tide line. (3606-6/03)
(4) (m) "Wheeled conveyance" shall include, but not be limited to: automobiles, bicycles,
skateboards, rollerblades, rollerskates, and strollers. (3606-6/03)
13.08.020 Defacing and/or destroying public property. No person shall cut, carve, hack, remove,
deface or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or other
structure, at or on the Beach, Pier or Pier Plaza, or to place writing upon the interior or exterior of
any fence, post, toilet, lavatory, restroom, building, sign or other structure therein, any initial,
name writing, printing, drawing or vulgar,profane or obscene word or picture.
(769-7/60,3606-6/03)
13.08.025 Structures/Furniture. No persons shall temporarily or permanently, construct, enlarge,
alter, repair, move or convert any structure or place any furniture on the Pier, Pier Plaza, Beach
Service Road and Beach Parking Lot area, except by permit issued by the Director. (3606-6/03,3615-
10/03)
13.08.030 Littering. No person shall deposit or discard or leave any handbill, bottle, can or
rubbish or trash or debris on the Beach, other than in those receptacles provided for such
purpose, or to deposit in any commode or urinal in any public toilet any newspaper, rag, part of
clothing or any item likely to clog said commode or urinal. This section shall not be interpreted
to prohibit distribution of any constitutionally protected material. (80-8/11,769-7/60, Urg 1306-3/67,3606-
6/03)
13.08.051 Tents and canopies.
(a) No person shall erect, maintain or occupy any canopy in excess of 100 square feet, or any
tent without at least two (2) sides completely open to public view, on the Beach area
bounded by the Beach Service Road and the Pacific Ocean, except by permit issued by
the Director. (3606-6/03)
(b) No person shall erect, maintain or occupy any canopy or any tent on the Beach Parking
Lot, Beach Service Road, Pier or Pier Plaza except by permit issued by the Director.
(3606-6/03)
13.08.060 Fires. No person shall light, kindle, set or maintain fires or coals thereon, except in
the fire rings provided therefor, or in self-contained BBQ's kept within six (6) feet of a fire ring,
except by permit issued by the Director. Disposable heating BBQ materials shall not be
deposited anywhere except within the inside perimeter of the fire ring. The heating element of
self-contained BBQs must be raised at least eighteen (18) inches above the surface of the sand.
(769-7/60, Urg 1306-3/67,3606-6/03)
13.08.070 Dogs and other animals.
(a) No person having the care, charge or control of any animal, domesticated or wild, shall
permit or allow said animal to be, under any circumstances or conditions, on or upon that
Beach area bounded by the Beach Service Road and the Pacific Ocean, including the
Water Activity Zone except that upon those Beach areas, and the Water Activity Zone,
located north of the line created by extending the northern curb line of 22°d Street to the
Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than
six (6) feet in length are permitted. (344-10/31,554-12/49,769-7/60,2907-8/87, 3355-7/97, 3606-6/03)
legisdrft/1308LD/5/27/04 3
(b) No person shall permit any animal, domesticated or wild, to be left unattended on the
Beach. (3606-6/03)
13.08.080 Soliciting. No person shall engage in the business of soliciting, distributing, selling or
peddling any liquids or edibles for human consumption, or to hawk, peddle or vend any goods,
wares or merchandise on the Beach, except pursuant to a permit issued by the Director. (769-7/60,
3606-6/03)
13.08.090 Alcoholic beverages--Consumption. Except as hereinafter provided, no person shall,
on or upon the Beach, consume or sell, any alcoholic beverage, except pursuant to a permit
issued by City Council. (769-7/60, Urg 1306-3/67, 1588-8/70,3606-6/03)
13.08.100 Alcoholic beverages--Permits--Terms.
(a) The Director may grant permits for the sale and consumption of alcoholic beverages
under the following terms and conditions: (3606-6/03)
1. The kind or kinds of permitted alcoholic beverages shall be identified in the
permit. (3606-6/03)
2. Each permit shall require that all alcoholic beverages be sold and consumed on
permittee's premises,the location and area of permittee's premises to be set forth .
in said permit. (3606-6/03)
3. That there be compliance with all other city, county and state laws and
regulations. (3606-6/03)
4. Such other terms and conditions as are reasonably required to protect the peace,
health, welfare or safety of the public. (3606-6/03)
5. The permit shall not be transferable and shall be valid only on dates specified.
(3606-6/03)
(b) Nothing herein contained shall be construed as permitting the sale, purchase, distribution,
or consumption of any alcoholic beverage on the Beach, except pursuant to and as limited
by a permit, as above set forth. '(769-7/60;Urg 1306-3/67,"1588-8/70,3603-6/03)
13.08.110 Alcoholic beverages--Permit--Revocation or suspension. Permits are subject to
suspension or to revocation by the City Council after notice to permittee and public hearing, on
any of the following grounds:
(a) Permittee has made a substantial misrepresentation in his application for permit;
(b) Permittee or any of his employees has violated any laws or regulations concerning the
operation of the business, or any terms or conditions of the permit;
(c) Permittee or any of his employees has been convicted of any crime involving moral
turpitude;
(d) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous
drugs without reporting such incidents to the Police Department without unnecessary
delay or not more than twenty-four (24) hours after the commission thereof,
(e) Permittee or any of his employees has caused or permitted any breach of the peace on
such premises, or has performed or permitted any act against the peace, health, welfare or
safety of the public. (769-7/60, Urg 1306-3/67, 1588-8/70)
legisdrft/1308LD/5/27/04 4
13.08.115 Smoking boundaries. No person shall smoke on the Beach, Pier or Pier
Plaza unless the Director has designated a specific signed smoking area.
13.08.120 Hazardous water sports. The following regulations shall apply to water sports:
(a) In order to protect the public health, safety and welfare, the Director shall set the hours
and areas during which no person within the Water Activity Zone, based on prevailing
weather, water conditions, density of use and/or other hazard inducing conditions, shall
use or have in his possession any surfboard, wind surfboard, paddleboard, bodyboard,
skimboard, canoe, boat or any similar object made entirely or partially of wood, metal,
hard plastic or any other hard substance. (3606-6/03)
(b) The Director shall give notice of the time and area during which hazardous water sports,
as defined by Section 13.08.120 (a), are prohibited. Such prohibition shall be effective
when a yellow flag or sign having a solid black circle in the center, commonly known as a
"black ball" flag or sign is prominently displayed from a lifeguard tower, station, Pier or
similar structure. (3606-6/03)
(c) During the times the "black ball" flag or sign is displayed, only swimming and bathing
shall be permitted in the Water Activity Zone within two hundred yards of the point of
the display of the "black ball" flag or sign. (3606-6/03)-.
(d) No person shall fail, refuse or neglect to leave the Water Activity Zone when such
restriction and prohibition, as set out in this section, are in force. (3606-6/03)
(e) Notwithstanding any provision of this section, the Director or his/her authorized agent,
may from time to time designate by permit, certain areas to be used exclusively for an
event. Such designation may be revoked at any time and the area covered by such
designation may be enlarged or reduced at any time. No person shall enter in such area so
designated except while participating in the permitted special or specific event. (769-7/60,
831-4/61, Urg 1306-3/67, 1743-5/72, Urg 1776-9/72, 1856-8/73,3606-6/03)
13.08.130 Hazardous articles.- No person shall use any surfboard, paddleboard, skimboard,
bodyboard, wind surfboard, rubber life raft, canoe, boat, or any similar object made entirely or
partially of wood, metal, glass;hard plastic�or any other hard substance at any time, on the Beach
or in the Water Activity Zone in a manner that constitutes a hazard to any other person.
(769-7/60, Urg 1306-3/67,3606-6/03)
13.08.135 Motorized vessels. No person shall operate or cause to operate any motorized vessel,
boat, or personal watercraft in the Water Activity Zone unless authorized by the Director. (3606-
6/03)
13.08.140 Beach games and practices. No person shall use on the Beach or in Water Activity
Zone any athletic apparatus, object or game in a manner that constitutes a hazard to any person or
conduct or participate in any sport or game that constitutes a hazard to any person. (769-7/60, Urg
1306-3/67, 3606-6/03)
13.08.150 Digging. No person shall dig or cause the digging of any hole in the sand exceeding a
depth of two feet. Any person who digs, or causes to be dug, any hole upon the Beach shall fill
the hole before leaving the Beach. (769-7/60, 3606-6/03)
13.08.160 Spear guns. No person shall have any spear gun or similar underwater device in his
or her possession on the shore of the Beach unless the point of such device is covered by a
sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be
legisdrft/1308LD/5/27/04 5
kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the
Beach. (769-7/60, Urg 1306-3/67,3606-6/03)
13.08.170 Jumping from the Pier and public bridges. No person shall dive,jump or enter the
water from the Pier or public bridge or any part thereof; provided, however, that this section shall
not apply to the regularly employed lifeguard personnel of the City who are engaged in lifeguard
training or in emergency jumps from the Pier or bridges for the purpose of saving lives and/or
property. (769-7/60,911-7/62,3606-6/03)
13.08.180 Climbing on rails of the Pier or bridges. No person shall sit, walk or balance on the
rails of the Pier or public bridges or walkways or climb upon, over or under such rails, or sit,
walk, balance or climb upon or over any cement walls which may be adjacent to such rails.
(769-7/60, 911-7/62, 1935-11/74,3606-6/03)
13.08.190 Climbingon lifeguard stations. No unauthorized person shall climb, sit, stand or
cause someone else to climb, sit or stand on any lifeguard station or ladder on the Beach or Pier
unless told to do so by an official employee of the City. (769-7/60, Urg 1306-3/67,3606-6/03)
13.08.195 Tampering with Life Saving Equipment. No person shall tamper with lifesaving
equipment, structures or buoys on the Beach or on the Pier. (3606-6/03)
13.08.200 Leavingoobjects. No person shall lay, store, hang or cause to be laid, stored, or cause
to be hung any object on, against, or upon any lifeguard station or municipal structure except by.
permit issued by the Director. (Urg 1306-3/67, 3606-6/03)
13.08.210 False alarms. No person shall cause a false rescue or call for help when it is not
needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his tower or to
have his attention drawn to a false alarm. (769-7/60, Urg 1306-3/67)
13.08.220 Interfering with lifeguard. No person shall willfully resist, delay or obstruct any
lifeguard in the discharge or attempt to discharge any duty of his position. (Urg 1306-3/67)
13.08.225 Interfering with park ranger. No person shall willfully resist, delay or obstruct any
Park ranger in the discharge or attempt to discharge any duty of his position.
13.08.230 Causing object to reflect. No person shall use a mirror, glass or any similar object to
cause the sun to reflect thereon so as to interfere with the vision of any lifeguard or other
person(s). (Urg 1306-3/67, 1535-11/69, 1743-5/72)
13.08.240 Curfew.
(a) Except as otherwise specified, no person shall be on the Beach area bounded by the
Beach Service Road and the Pacific Ocean including the Water Activity Zone between
the hours of 10:00 p.m. and 5 a.m. except upon official business of the City or by permit
issued by the Director. In the event of special circumstances so warranting, the Director,
in his/her judgment, is authorized and empowered to modify temporarily the hours during
which the Beaches are closed. Said modification to be filed with the City Administrator
at least ten days prior to the requested date and posted conspicuously. (769-7/60,861-9/61, Urg
1306-3/67, 3606-6/03)
(b) Pier and Pier Plaza Curfew. No person shall remain on or upon the Pier or Pier Plaza
between the hours of midnight and 5:00 a.m. except by permit issued by the Director.
(3606-6/03)
13.08.260 Electrical systems. No person shall use any electrical outlets on the Beach without
first obtaining written consent from the Director and paying such fees as may be prescribed.
(Urg 1306-3/67, 1509-7/69,3606-6/03)
legisdrfl/1308LD/5/27/04 6
13.08.270 Noise. No person shall play, use or operate, or permit to be played, used or operated,
any instrument, machine or device, for producing or reproducing sound upon the Beach, at such a
volume as unreasonably to disturb the peace, quiet and comfort of persons who are not voluntary
listeners thereto, after having been warned. (urg 1306-3/67, 1743-5/72, 1935-11/74, 3606-6/03)
13.08.280 Vehicle and Parking-Regulation-Beach.
(a) No person shall operate or possess any motor driven cycle, motor driven bicycle,
motorcycle, automobile, motor truck or other motorized vehicle or conveyance
(regardless of power source or size) on the Beach other than for law enforcement,
lifesaving or emergency purposes, or for Beach maintenance purposes, except by permit
issued by the Director; nor on any roads on which signs are posted prohibiting such
activity, nor in any manner or direction prohibited by posted signs, nor on any Beach
other than on the roads, drives or parking areas designed for such purposes.
(Urg 1306-3/67,2138-1/77,3606-6/03)
(b) No person shall operate any wheeled conveyance on the Beach service road if said
wheeled conveyance has been prohibited by the Director and said prohibition has been
properly posted. (3606-6/03)
(c) Exceeding Speed Limit.
1. No person shall operate any wheeled conveyance of any type on the Beach or
Beach service road at a speed in excess of 10 miles per hour unless a greater speed
is posted. The maximum speed limit when pedestrians are present shall be five
(5) miles per hour. (Urg 1306-3/67, Urg 2768-5/85,2851-8/86,3123-11/91,3329-5/96,3606-6/03)
2. No person shall operate any wheeled conveyance of any type on the Beach service
road at a walking speed in excess of two and one-half(2.5) miles per hour,
between designated points, when the yellow lights are flashing. (3329-5/96,3606-6/03)
(d) Delivering concessions. During the period of June 15 to September 15, any and all
commercial motor vehicles of any type, must make their deliveries to Beach concessions
between the hours of 6 a.m. and 11 a.m., except by permit from the Director. During all
other times of the year, deliveries must.take place during Beach non-curfew.hours. (urg
1306-3/67, 3606-6/03)'
(e) Parking. No person shall park any vehicle except in designated parking areas; provided,
however, that the Director is authorized to permit parking in non-designated areas when,
in his/her opinion, such parking will not interfere with Beach area operations.
(Urg 1306-3/67,3606-6/03)
(f) Traffic control signs. The Director is authorized and directed to erect and maintain signs
at locations he deems appropriate, indicating the speed limits established by the City
Council for the Beaches, along roadways and streets herein. The Director is also
authorized to designate parking areas and traffic patterns and to erect and maintain signs
indicating such areas and patterns. (urg 1306-3/67,3606-6/03)
13.08.285 Motor Vehicle Permits. Any person desiring to access the Beach or Pier with a
vehicle for delivery, maintenance, transportation or any other service must obtain a permit from
the Director. (3329-5/96,3606-06/03)
13.08.290 Vehicle and parking regulation-Pier and Pier Plaza. Pursuant to section 13.08.280 of
this Chapter, the following shall apply: (3606-06/03)
legisdrfi/1308LD/5/27/04 7
(a) Speed Limit. No person shall operate any wheeled conveyance upon the Pier or Pier
Plaza in excess of five (5) miles per hour. (3606-6/03)
(b) Heavy Vehicles. No person shall drive or permit to be driven any vehicle of any kind or
character whatsoever, upon the Pier or Pier Plaza of a gross weight in excess of twenty
thousand (20,000) pounds. (3606-6/03)
(c) Roller Skates, in-line skates, skateboards and scooters on the Pier or Pier Plaza. No
person shall use any roller skates, in-line skates, skateboards or scooters on the Pier or
Pier Plaza at any time. These items must be carried if brought on the Pier or Pier Plaza.
(3606-6/03)
(d) Parking. No person shall park a vehicle on the Pier or Pier Plaza, unless he possesses a
written permit from the Director allowing him to do so. No person shall leave a vehicle
standing or unattended on the Pier or Pier Plaza at any time. (3606-6/03)
(e) Unauthorized Vehicles Prohibited. No person shall push or operate any automobile,
motorcycle, truck, or any other motor driven vehicle or conveyance upon the Pier or Pier
Plaza, except by permit issued by the Director. (3606-6/03)
(f) Bicycles on Pier. No person shall ride a bicycle or any similar type vehicle on the Pier or
Pier Plaza, except by permit issued by the Director. Bicycles or similar type vehicles may
be walked or pushed on the Pier or Pier Plaza. No bicycle or similar type vehicle shall be..
chained, cabled or locked by any means to the railings on the Pier, ramps, stairs, or
parking lot except to the bicycle racks provided therefor. (3606-6/03) -
(g) Delivering concessions. Vendors or their agents shall not make deliveries by vehicles to
concessionaires on the Pier except between the hours of 6 a.m. and 11 a.m. during the
dates of June 15 to September 15. During all other times, deliveries must be made during
non-curfew hours. (3606-6/03)
13.08.300 Beach parkin.. l�gulations. The following regulations will apply to parking
in any of the City-owned and operated Beach parking lots: (3606-6/03)
(a) Parking is allowed within designated spaces only. (3606-6/03)-
(b) There shall be no parking-between 10:00 p.m:and 5:00 a.m. except by permit issued by
the Director. (3606-6/03)
(c) Any deviation from this section will be by permission of the Director and shall be
conspicuously posted. (3606-6/03)
(d) No loitering or obstructing of flow of traffic will be allowed in the parking lot by any
person or persons. (3606-6/03)
(e) No person shall obstruct or cause to be obstructed any entrance or exit in the parking lot.
(3606-6/03)
(f) No trailers or similar vehicles will be allowed in the parking lot except by permit issued
by the Director. (3606-6/03)
(g) Fees for parking shall be established by resolution of the City Council. (3606-6/03)
(h) Any vehicle leaving the parking lot and returning will be required to pay on re-entering.
(3606-6/03)
legisdrft/1308LD/>/27/04 8
(i) Number of parking permits per concession owner will be determined by the Director.
(3606-6/03)
(j) The Director shall have the authority to designate reserved parking areas in City-owned
and/or operated Beach parking lots. (3606-6/03)
(k) No unauthorized vehicle shall park in a reserved parking area where signs are posted
giving notice of such reserved parking. (3606-6/03)
13.08.310 Fishing from the Pier. Fishing is allowed from the Pier, but the following acts are
prohibited: (3606-6/03)
(a) Overhead Casting. Cast a fishing line, either with or without a fishing pole, over the top
railing of the Pier. (3606-6/03)
(b) Negligent Casting. No person shall cast in the water adjacent to the Pier or on the Pier, a
fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such a
manner as to create a hazard to any other person. (3606-6/03)
(c) Extra Lines. No person shall have more than two (2) fishing lines in the water under or
near the Pier at one time. (3606-6/03)
(d) Projecting Poles. No person shall allow or permit any fishing pole to extend inward from
the Pier rail to a distance of more than four(4) feet. (3606-6/03)
(e) Cleaning of Fish or Mussel. No person shall place, cut or clean any fish, mussel or bait,
or any other marine life directly upon any bench or seat placed upon the Pier or upon the
floor or railings of the Pier except in the areas provided therefore. (3606-6/03)
(f) Lobster Traps. No person shall have more than two (2) traps in the water under or near
the Pier at any one time. A person shall attend said traps at all times. (3606-6/03)
(g) Feeding Wildlife. No person shall provide food, bait or other material in a manner as to
feed wildlife upon the Pier. (3606-6/03)
(h) Fishing from Closed Area. No person shall set up or cast a fishing line in areas on the
Pier that have been closed to fishing. (3606-6/03)
(i) No person shall use the Pier railing for leverage to pull fishing line, lobster trap, any
mussel hook, or other such device in such a manner as to create a hazard to any other
person or cause damage to the Pier railing. (3606-6/03)
13.08.330 Removal of sand. No person shall remove, or cause to be removed from the Beach, or
Pacific Ocean, any sand without written permission from the Director. (urg 1306-3/67,3606-6/03)
13.08.340 Glass containers on the Beach. No person shall have, possess or use any dangerous
article or container such as a bottle, glass, crockery or similar object upon the Beach or in the
Water Activity Zone.(2882-12/86, 3606-6/03)
13.08.350 Beach and ocean closure-authority. The Director shall have the authority to close any
Beach, harbor, or ocean waters of the Pacific Ocean in order to protect the public health, safety,
and welfare. Such closure shall be effective when notice of closure is given through any of the
following methods: (3101-5/91, 3606-6/03)
(a) Signs stating that the Beach is closed or that swimming is prohibited, or depicting a
swimmer and a red circle with a slash through the circle, or otherwise advising of closure;
(3101-5/91, 3606-6/03)
legisdrft/1308LD/5/27/04 9
(b) Public address announcements; (3101-5/91)
(c) Oral or written notice from the Director, any marine safety officer, lifeguard, or other
authorized agent; or (3101-5/91,3606-6/03)
(d) Any other device or announcement reasonably communicating such closure. (3101-5/91)
No person shall enter, remain in, or fail or refuse to leave a closed area of the Beach, harbor, or
the Pacific Ocean while such restriction is in effect. (3101-5/91,3606-6/03)
13.08.360 Enforcingofficer.fficer. This chapter shall be enforced by the Director, as well as by Peace
Officers having jurisdiction of any area in which a violation of any provision of this title takes
place. (3606-6/03)
13.08.370 Violation-Penalty. Any person violating any provision of this Chapter shall, upon
conviction, be guilty of a MISDEMEANOR, and subject to a fine of not more than five hundred
($500) or be imprisoned for a period not to exceed six (6) months, or by both such fine and
imprisonment. (3606-6/03)
13.08.380 Violation-Alternative remedies. Any violation of any provisions of this Chapter shall
subject the violator to ejection from the premises of the area in which violation occurs. (3606-6/03)
legisdrfr/1308LD/5/27/04 10
i
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Amend the Municipal Code to prohibit smoking on the beach
COUNCIL MEETING DATE: 6/21/04
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Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorne ) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
. e,. ,...
5R�E9nt..:,. , ..EXPLANATION:FOR MISS°ING;ATTACHMENTS
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Administrative Staff
Assistant City Administrator Initial
City Administrator (Initial) ( ) ( )
City Clerk
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EXPLANATI:O:N xFOR RETURNx40F
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RCA Author: SCS
Page 1 of 1
Jones Dale =' "�
' C1 OF
�0�a
From: Norm Westwell [normw@truwest.com] HUH1 �I:- BEACH, CA
Sent: Monday, June 21, 2004 3:23 PM 2004 JUN 2 ] P ;: 2�l
To: djones@surfcity-hb.org
Subject: Late communication - G2-A
Late communication G2-A
I, as most Libertarians, oppose Item G2-A, ordinance 3656.
This smoking ban will not solve the real problem of urban run off
depositing cigarette butts onto the beach.
This is another assault on personal liberty, which the council has
sworn to protect.
Our beach cleanup machinery should be upgraded to address this problem.
If the ordinance is adopted, it should have a sunset clause to provide for
the termination of the ordinance if the specified result is not obtained within one year.
Thank you.
Norm "Firecracker" Westwell
Assembly District 67 Candidate 2004
17171 Englewood Cr.
HBCA 92647
714.842.4075
Norm Westwell
VP Sales & Operations
normw@truwest.com
www.truwest.com
800.322.3669
ti
6/21/2004
PROOF OF PUBLICATION
STATE OF CALIFORNIA) .
S S. , ' tMfOF j
HUNTINGTON BEACH
County of Orange ) LEGAL NOTICE .
ORDINANCE NO.,3656
Adopted by the City Coundl
I am a Citizen of the United States and a on July 6,2004
"AN ORDINANCE OF THE
resident of the County aforesaid; I am CITY OF HUNTINGTON
BEACH AMENDING
over the age of eighteen years, and not a CHAPTER 13.08 OF THE
party to or interested in the below HUNICIPAL N BEACH
MUNICIPAL CODE P
TAINING TO BEACH
entitled matter. I am a principal clerk of REGULATIONS AND
SMOKING• -.ON_ THE
BEACH:'
the HUNTINGTON BEACH INDEPENDENT, a SYNOPSIS:
This ordinance will be
newspaper of general circulation, printed enforceable on all City-
owned.•and,'operated
and published in the City of Huntington beaches. The City op-
and State,
Beach, County of Orange State of operating ant to an
/ operating agreement
with the nia
California, and that attached Notice is a Department ofParksrand
i Recreation. Pursuant to
true and complete copy as was printed that agreement,the City
and published in the Huntington Beach may adopt any regula-
tion tonf that does not
and Fountain Valley issues of said conflict r, theStateCity
h
Further, the City has
jurisdiction up to three
newspaper to wit the issue beyond s) of: miles it the ocean
the'mead tide
line.
Regarding that area of
the, beach for which
they,e fis no operating
agreement giving au-
•thority,to the City by
the 'State, City ordi-
July 15 , 2004 dances would not be
enforceable. If City
.Council'so' directs, the
City Attorney will con-
tact the appropriate
authority of the State to
request that the State
declare, under penalty of perjury/ that agree to enforcement of
the new ordinance.
the foregoing is true and correct. COPIES.
OF THIS ORDI-
NANCEARE AVAILABLE
IN THE •CITY CLERK'S
OFFICE:'
PASSED AND ADOPTED
Executed on th the City Council of
July 15, 2004 nton
Bea hityatf auregular
at Costa Mesa, California. meeting •held July s,
2004 by,the following
roll call vote:
AYES: Sullivan; Coerp-'
er, Hardy, Green,
Boardman
NOES:Cook
ABSENT:Houchen
This ordinance is
*effective 36 days after
adoption.
CITY OF
HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH;
igna
Sture "CA 92648
714-536-5227
JOAN L.FLYNN,
CITY CLERK
Published Huntington
Beach,Independent July
15,2004- 073-742