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HomeMy WebLinkAboutIntroduce Ordinance 3799 Amending Chapter 13.52 of the Hunti Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County.State of California,under date of Aug 24, 1994,case A50479 PROOF OF PUBLICATION CITYOF STATE OF CALIFORNIA ) HUNTINGTON BEACH ; LEGAL NOTICE > SS. ORDINANCE N0.3799 Adopted by the COUNTY OF ORANGE > MARCH 03 City Council on 2008 "AN ORDINANCE OF THE CITY OF HUNTING- 1 am the Citizen of the United States and a TON BEACH, AMENDING CHAPTER 13 52'OF THE 'HUNTINGTON BEACH resident of the County aforesaid; I am over ;MUNICIPAL CODE RE- the age of eighteen years, and not a party PA PARING TOR THE CITY RKING STRUCTURES" SYNOPSIS: to Or Interested In the below entitled matter. THE CITY OF HUN- TINGTON BEACH OWNS I am a principal clerk of the HUNTINGTONARK BEACH INDEPENDENT: a news a er Of SSTREET TRUWO (20BELLA P P I TERRA) AND MAIN D HAD NO general circulation, printed and published in REGULATIONS LA RIOT I urPLAFE- the City of Huntington Beach, County of CLIMBING, SITTING, KING, OR BALANC- Orange, State of California, and the NG UPON HE RAILINGS attached Notice is a true and corn lete co AND CEMENT WALLS.P PY THIS ORDINANCE ES- as was printed and published On the STRCTIONS ON THESE f TYPES OF ACTIVITIES OIIOWIng date{S�: AND WILL ENABLE OF- FICERS TO PREVENT HAZARDOUS SIT-1 UATIONS FROM OCCUR ING"', THE'SE RE-1 S-TRICTIONS AREI SIMILAR' TO THE RE- 'STRICTIONS CURRENTLY, MARCH 13 2 0 0 8 IN PLACE FOR THE PIER , � SIGNS WILL BE POST- IED ALERTING THE PUB- LIC THAT SUCH ACTIV- ITIES ARE PROHIBITED 'AND OFFICERS WILL BE EMPOWERED TO TAKE THE NECESSARY EN- FORCEMENT ACTIONS TO INSURE COMPLI- ANCE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a, regular meeting held I declare, under penalty of perjury, that the ;March 3, 2008 by the 1olloote. I foregoing is true and correct. !AYES: Hardy,' AYES: Hansen, Hardy,' Bohr, Cook, Coerper, Carchio NOES:None ABSTAIN:None ABSENT-'Green Executed on MARCH 1 3, 2 0 0 8 'THE FULL TEXT OF THE at Huntington Beach, California ORDINANCE IS AVAIL- ABLE IN. THE CITY CLERK'S OFFICE. This ordinance is effec-, tive 30 days after adoption. CITY OF ; HUNTINGTON BEACH '1 2000 MAIN STREET HUNTINGTON BEACH, Signature CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntmgton Beach Independent March 13,2008 032-424 Council/Agency Meeting Held: 9/0 Deferred/Continued/to:&,)2!�/n -3/3�08 �.A proved ❑ Con itionally Ap roved ❑ Denied �City lerk' ignat Council Meeting Date: 2/19/2008 Department ID Number: PD08-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR �PREPARED BY: KENNETH W. SMALL, Chief of Police /A&*r' SUBJECT: Ordinance # 3799 Amending Chapter 13.52 of the Huntington Beach Municipal Code Relating to the City Parking Structures Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City of Huntington Beach owns two parking structures (200 Main Street and Bella Terra) and has no regulations in place to restrict unsafe activities such as climbing, sitting, walking, or balancing upon the railings and cement walls. The attached proposed ordinance will establish restrictions on these types of activities and will enable officers to prevent hazardous situations from occurring. These restrictions are similar to the restrictions currently in place for the Pier. Funding Source: Funds will come from the existing Police Department budget providing for the purchase and installation of the required signs. There will be 12 signs at a total cost of$450.00. Recommended Action: Motion to: Adopt ordinance # 3799 Amending Chapter 13.52 of the Huntington Beach Municipal Code Relating to the City Parking Structures. Alternative Action(s): Do not approve the proposed ordinance. REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 2/19/2008 DEPARTMENT I® NUMBER: PD08-002 Analysis: Currently, there is no ordinance in effect which would restrict the use of the rails or ledges around city parking structures and adjacent rails from being climbed, sat, stood, walked, or balanced upon. Officers are quite often contacted by concerned citizens reporting persons committing these unsafe acts at the parking structures located at 200 Main Street and the Bella Terra mall. Examples of unsafe practices witnessed by police officers are: teenagers trying to skateboard on railings and ledges, an intoxicated adult male drinking several beers sitting on the rail hanging his feet over the ledge, persons leaning over the railings attempting to attract the attention of people below, a person running on the rails, and intoxicated people climbing over the rails onto the roof of Hurricanes Bar. Currently, if a citizen is observed sitting on the rail or ledge, an officer can provide nothing more than an admonishment. If the citizen refuses to comply, the officer can not restrict them from remaining on the rail. Officers have been contacted by City Council members, business owners, tourists, and residents who are concerned about these unsafe activities and asking the police to do something to stop them. By enacting this proposed ordinance police officials will be able to proactively prevent unsafe activity from occurring at these parking structures. Signs will be posted alerting the public that such activities are prohibited and officers will be empowered to take the necessary enforcement actions to insure compliance. Strategic Plan Goal: Provide quality public service with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently equipped overall. Environmental Status: N/A Attachment(s): P. gp.,N u ® - o 1. Propose ordinance # 3799 Amending Chapter 13.52 of the Huntington Beach Municipal Code Relating to the City Parking Structures. -2- 2/5/2008 3:14 PM ATTACHMENT # 1 ORDINANCE NO. 3799 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.52 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE CITY PARKING STRUCTURES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That new subsection (i) be, and is hereby added to, Section 13.52.020 of Chapter 13.52 of the Huntington Beach Municipal Code, said section to read as follows: (i) City Parking Structures. No person shall sit, walk, or balance on the rails of any city parking structure or climb upon, over, or under such rails, or sit, walk, balance, or climb upon or over any cement walls that may be adjacent to such rails or serve as rails. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of March , 200 8 Mayor ATTEST: APPROVED AS TO FORM: QA") City C k City A orney REVIEW D AP ROVED: INITIATED AND APPROVED: 1&Q AC City Administrat r Chief of Polic 07-1053/10719 Ord. No.. 3799 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 February 19,2008, and was again read to said City Council at a regular meeting thereof held on March 03,2008, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Hardy, Bohr, Cook, Coerper, Carchio NOES: None ABSENT: Green ABSTAIN: None 1,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 March 13,2008. In accordance with the City Charter of said City Joan L. Flynn, City Clerk CWy Clerk and ex-officio Verk Senior Deputy Cite Clerk of the City Council of the City of Huntington Beach, California LEGISLATIVE DRAFT - ORDINANCE NO. 3799 Chanter 13.52 PUBLIC BUILDINGS (1833-6/73, 1026-2/64,2043-4/76,3296-8/95,3659-9/04) Sections: 13.52.010 Definitions 13.52.020 Unlawful acts 13.52.030 Nuisance 13.52.010 Definitions. For the purpose of this chapter,the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly indicates a contrary meaning: (a) "Alcoholic beverages means any and all spiritous, vinous,malt or fermented liquor, liquids or compounds, whether medicated,proprietary,patented or not, and by whatever name called, containing one-half of one percent, or more, of alcohol by volume, which are potable or fit as, or which may be used for,beverage purposes. (b) "Cellular phone"means any walkie-talkie,two-way radio,mobile phone,pager,beeper, and other electronic communication device. (3659-9/04) (c)"Person"means any individual, firm, partnership,joint venture, association, social club, fraternal organization, corporation or any other group acting as a unit. (3659-9/04) (d) "Smoke" means the act of smoking lighted tobacco and the distribution of tobacco smoke or fumes into the air by any means. (1026-2/64, 1833-6/73,3659-9/04) 13.52.020 Unlawful acts. It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed on or within the premises of any public building within the city, any of the following: (a) Disfiguration and Removal. Willfully mark, deface, disfigure, injure,tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent,monuments, stakes,posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal; (b) Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the restrooms and washrooms designated for the opposite sex; (c) Sanitation. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,rubbish,waste, garbage or refuse, or other trash; (d) Alcoholic Beverages. To consume any alcoholic beverages of any kind whatsoever except when attending a function operating under an alcohol permit issued in accordance with Chapter 9.84 of this code. (e) Vending and Peddling. Expose or offer for sale any article or thing,nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing; Huntington Beach Municipal Code Chapter 13.52 Page 1 of 2 (f) Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire; (g) Signs. Paste, glue, tack or otherwise post any sign,placard, advertisement or inscription whatever. (1026-2/64,2043-4/76) (h) Cellular Phone. (1) Communicating on a cellular phone or have a cellular phone in.a mode other than vibrate or silent or its equivalent, that is capable of emitting noise within any public library outside of a designated cellular phone area. Public employees working in their official capacity are exempt from this ordinance. (3659-9/o4) (2) Violation of subsection(h) is subject to the issuance of an administrative citation under the provisions of Chapter 1.18 of this code. (3659-9104) (i) City Parking Structures. No person shall sit, walk, or balance on the rails of any city parking structure or climb upon, over, or under such rails, or sit,walk, balance, or climb upon or over any cement walls that may be adjacent to such rails or serve as rails. 13.52.030 Nuisance. It shall be deemed a public nuisance for any person to do or commit, or cause to permit to be done or committed on or within the premises of any public building within the City of Huntington Beach, any act as described in the foregoing sections. (3296-8/95) RCA ROUTING SHEET INITIATING DEPARTMENT: Police SUBJECT: Ordinance Adopting Restrictions for City of Huntington Beach Owned Parking Structures COUNCIL MEETING DATE: , February 19, 2008 MCA TT -HM' ENT STA TUS , U ,A A T Ordinance (w/exhibits & legislative draft if applicable) Attached z Not Ap licable E] Resolution (w/exhibits & legislative draft if applicable) Attached F-1 Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable z Contract/Agreement (w/exhibits if applicable) Attached 1-1 (Signed in full by the City Attorney Not Applicable z Subleases, Third Party Agreements, etc. Attached E] (Approved as to form by City Attorney) Not Applicable z Certificates of Insurance (Approved by the City Attorney) Attached El Not Applicable z Fiscal Impact Statement (Unbudgeted, over $5,000) Attached El Not Applicable z Bonds (if applicable) Attached El Not Applicable z Staff Report (if applicable) Attached El Not Applicable Commission, Board or Committee Report (If applicable) Attached F-1 Not Applicable z Find ings/Conditions for Approval and/or Denial Attached El Not Applicable z AT-TACK yl EXP 0 F L W ATT -,_,QkM15 NG V S N 8, FOR ED, V Administrative Staff Deputy City Administrator (initial) City Administrator (initial) City Clerk 8X P'L A N AT 10 N P 0 R:R 8 TU R 'Q F' T 8 M U q RCA Author: Ofcr.Zumwalt