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HomeMy WebLinkAboutCharter and Articles of Huntington Beach Municipal Code - 5/ CONTENTS DIVISIONS - CHAPTERS CHAPTERS �I GENERAL PROVISIONS S. .0011 General S. 9921 - Effect of Code S. 0031 - Construction S. 0041 - Enforcement S. 0051 - Notices " DIVISION 1 - GOVERNMENT Chapter 10 '- General 12 - Officers 13 - Departments 14 - Salaries 16 - Fiscal Matters 17 - Taxes 18 - Personnel System: DIVISION 2 - BUSINESS Chapter 21 Business License 22 - Certificate of Public Need and Necessity 23 - oil r 24 - Dance Halls 25 - Motion Picture Theaters 26 - Pawn Brokers, Junk Dealers & Secondhand Dealers 27 - Bath Houses & Massage Parlors 28 - Amusement & Entertainment Premises - Restaurants 29 - Community Antenna Television DIVISION 3 - HEALTH Chapter 31 - Sanitation 32 - Repealed (Ord. No. 1788 - 11/72) 33 - Food. 34 - Water Department 35 - Sanitation Department 36 - Miscellaneous DIVISION 4 SAFETY Chapter 40 - General 41 - Fire 42 - Animals 43 - Defense Disaster J Y CONTENTS DIVISIONS - CHAPTERS DIVISION 5 - WELFARE Chapter 51 - Library 52 - Recreation and Parks 53 - Morals 54 - Minors 55 - Nuisances DIVISION 6 - TRAFFIC Chapter 60 - General 61 - Operation 62 - Stops and Yields 63 - Parking 65 - Parking Meters 66 - Loading Zones 67 - Bicycles 68 - Cabs 69 - Self Propelled Wheelchairs or Invalid Tricycles on Sidewalks DIVISION 7 - PUBLIC PLACES Chapter 70 - General 71 - Streets 72 - Street Work 73 - Sidewalks 74 - Benches 75 Beach and Pier 76 - Harbors 77 - Parks 78 - Public Buildings 79 - Parades DIVISION 8 - BUILDING Chapter 81 - Building 82 - Electrical Ordinance 83 - Heating and Comfort Cooling 84 - Plumbing DIVISION 9 - PLANNING Chapter 90 - Planning Commission and Districting Plan 91 - Low Density Residential Districts 92 - High Density Residential Districts 94 - Commercial Districts 95 - Industrial Districts 96 - Miscellaneous Districts 97 - General Provisions - � 98 - Administration 99 - City Subdivision Ordinance CONTENTS CHAPTERS - ARTICLES DIVISION 1 - GOVERNMENT CHAPTER 10 - GENERAL ARTICLE 101. Seal 102. City Hall CHAPTER 11 - COUNCIL ARTICLE 111. Compensation .CHAPTER 12 - OFFICERS ARTICLE 120. Eligibility of Candidates 121. City Clerk 122. Treasurer 124. City Attorney 125. Police Chief 126. Administrative Officer CHAPTER 13 - DEPARTMENTS ARTICLE 131. Police Department 132. Fire Department 133. Street Department 134. Department of Building and Community Development 135. Repealed - Ordinance 1842 - 5/73 136. Planning Department 137. Finance Department 138. Public Works Department 139. Harbors & Beaches Department CHAPTER 14 - SALARIES ARTICLE 141. Officers 142. Schedule of Officers' Salaries CHAPTER 15 - REPEALED BY ORDINANCE NO. 1225 (7/5/66) CHAPTER 16 - FISCAL MATTERS ARTICLE 161. Fiscal Year 162. Funds 163. Capital Outlays Fund 164. Gas Tax Fund 5/25/73 CONTENTS CHAPTERS-ARTICLES CHAPTER 17 - TAXES Article 171. Collection. 172. Sales and Use Tax 173. Uniform Transient Occupancy Tax 174. Cigarette Tax 175. Real Property Transfer Tax 176. Utilities Tax CHAPTER 18 - PERSONNEL SYSTEM Article 181. General 182. Personnel Board 183. Competitive Service 184. Political Activities - City Employees 185. Severability DIVISION 2 - BUSINESS CHAPTER -21 - BUSINESS LICENSES Article 211. General 215. Oil Production Business License Tax CHAPTER 22 - CERTIFICATE OF PUBLIC NEED & NECESSITY Article 221. Ambulance Service 222. _ Private Patrol Service CHAPTER 23 - OIL Article 230. Definitions and General Provisions 231. Permits and Fees 232. Bonds and Insurance 233. Drilling; Operation; Safety and Storage 234. Clean Up and Maintenance 235. Waste Water System 236. Idle Wells 237. Nuisance Abatement 239*. Activation of Nonproducing Oil Wells CHAPTER 24 DANCE HALLS Article 241. Permit 242. Regulations 243. Premises 244. Patrons. 245. Enforcement 8/22/73 i CONTENTS CHAPTERS - ARTICLES CHAPTER 25 - MOTION PICTURE THEATERS Article 251. General 252. Permit 253. Building. 254. Exits 255. Aisles 256. Operating Rooms CHAPTER 26 - PAWNBROKERS , JUNK DEALERS , & SECONDHAND DEALERS Article 261. Pawn Brokers 262. Secondhand Dealers 263. Junk Dealers 264. Junk Collectors 265. Charitable Institutions 266. Records CHAPTER 27 - BATH HOUSES AND MASSAGE PARLORS Article 271. General 272. Permit 273. Rules and Regulations i CHAPTER 28 - AMUSEMENT & ENTERTAINMENT PREMISES - RESTAURANTS Article 281. General 282. Permit 283. Enforcement CHAPTER 29 - COMMUNITY ANTENNA TELEVISION Article 291. General 292. Franchise 293. Rights Reserved to City 294. Permits , Installation and Service 295. Rules and Regulations 296. Miscellaneous 297. Application for Franchise 298. Enforcement CONTENTS CHAPTERS ARTICLES DIVISION` 3 HEALTH Chapter 31 - SANITATION Article 311. Refuse 312. Fly Control and Abatement 313. Dust & Industrial Waste 314. . Waste Water 315. Water Pollution Regulations Chapter 32 - Repealed (Ord. No. 1788 - 11/7_) Chapter 33 - FOOD Article 331. Food Establishments 332. Lunch Wagons Chapter 34 - WATER DEPARTMENT Article 341. Creation of Water Department 342. Service Connections 343. Fees, Rates and Deposits 344. Regulations Apply tc Use of Water 345. Extension of Water Mains Chapter 35 - SANITATION DEPARTMENT Article 351. Creation of Sanitation Department 352. Sewer Connections 353. Fees and Deposits 354. Extension of Sewer Mains Chapter 36 - MISCELLANEOUS Article 360. Mobile X-Ray Units' CONTENTS CHAPTERS - ARTICLES DIVISION 4 - SAFETY CHAPTER 40 - GENERAL Article 401. Shooting 402. Concealed. Weapons 403. Drunks 404. Registration of Persons Convicted of Certain Crimes 405. . Inhaling, Breathing or Drinking Certain Substances 406. Sleeping in Vehicles 407. Mirrors CHAPTER 41 - FIRE Article 410. Fire CHAPTER 42 - ANIMAL CONTROL Article 421. Ceneral 422, Animal Control Officers And Duties 423. Dogs and Cats 424. Other Animals 425. Wild or Vicious Animals and Reptiles 426. Miscellaneous Rules 427. Repealed - Ordinance 1905 - 3/74 CHAPTER 43 - DEFENSE-DISASTER Article 431. General 432. Defense-Disaster Council 433. Powers: Duties 434. Director 435. Personnel 436. Organization 437. Offenses i 4/4/74 CONTENTS CHAPTERS - ARTICLES DIVISION 5 - WELFARE CHAPTER 51 - LIBRARY Article 510. General 511. Library Board 512. Meetings 513. Powers of Board 514. Fiscal Matters CHAPTER 52 - RECREATION & PARKS Article 521. Recreation & Parks Department 522. Director of Recreation & Parks 523. Fiscal Matters 524. Recreation & Parks Commission CHAPTER 53 - MORALS Article 531. Gambling 532. Pin Ball Machines 533 • Pool and Billiard Halls 534. Fortune Telling - Prohibited 535• Indecent Exposure of Topless & Bottomless Waitresses & Performers CHAPTER 54 - MINORS Article 541. Curfew CHAPTER 55 - NUISANCES Article 551. Weeds 552 . Oil Waste 553• Solicitors , Peddlers, and Transient Vendors 554. Noises 555 . Standing Water - Fencing 556. Inoperable Vehicles 55z. Motorcycles and Motor-Driven Cycles 55b. Rubbish Abatement CONTENTS CHAPTERS -ARTICLES DIVISION 6 - TRAFFIC CHAPTER 60 - GENERAL Article 601. Definitions 602. Enforcement 603. Control Devices 604. Turning Movements 605. Miscellaneous Driving Rules 606. Pedestrian Regulations 607. Trains 608. Airports CHAPTER 61 - OPERATION Article 610. General 611. Prohibited Places 612. Truck Routes 613. One-Way Alleys 617. Speed Limits 618. Movement of Overloads - Permit Required CHAPTER 62 - STOPS AND YIELDS Article 621. General CHAPTER 63 - PARKING Article 631. General 632. Time Limit Parking.. 633. Loading Zones 634. Parking Regulations in City Parking Lots CHAPTER 65 - PARKING METERS Article 650. General 651. Meter Zones 652. Meters 653. Use of Meters 654. Enforcement 655. Accounting CHAPTER 66 - LOADING ZONES Article 661. Restricted Standing Locations 662. Establishing of Loading Zones CONTENTS. CHAPTERS--,- ARTICLES :CHAPTER 67 - -BICYCLES Article 670. General 671. Records of City Clerk 672a Records 673 . Transfers 674 . Loss : Theft 675 . -Violation .:CHAPTER 68 m CABS Article 680. General .681. Certificate 682. .Rates , Charges 683 . Operation 684. Owner "s Requirements 685. Driver 's Permit 686 . Permit and Certificate Non-Transferable CHAPTER 69 m SELF -PROPELLED WHEELCHAIRS OR INVALID TRICYCLES ON SIDEWALKS Article 690. Operator's Permit 691 . Registration .692. Safety Inspection and Decal 693 . Speed Limit 694a Right of Way 695. Distance from Buildings 696 . Parking .on Sidewalks 697 . Applicability of Chapter 698 . -Violation DIVISION 7 - PUBLIC 'PLACES CHAPTER 70 m GENERAL Article 701. Dressing :in Public 702. City Property 703 . Warning Lights and Barricades . CHAPTER 71 m STREETS Article 711. Datum Plane 712. House Numbers 713 . Utility Structures 714. Shade Trees CONTENTS CHAPTERS - ARTICLES CHAPTER 72 - STREET WORK Article 721. General 722. Repaving CHAPTER 73 - SIDEWALKS Article 731. Maintenance 732. Driving en Sidewalks 733. (Repealed - Ord. No. 1784 - 11/72) 734. Obstructing Pedestrian Passage CHAPTER 74 - BENCHES Article 740. General 741. Permit 742. Issuance of Permit 743. Denial: Termination 744. Benches 745. Location 746. Signs 747. Enforcement 748. Removal 749. Insurance CHAPTER 75 - BEACH AND PIER Article 750. General 751. Beach Regulations 752. Pier Regulations 753. . Beach Parking Lot Regulations 754. Lifeguard Requirements at Private Beaches 755. Permits Required 756. Enforcement 757. Camper Facility Regulations CHAPTER 76 - HARBORS Article 760. General 761. Boating Regulations 762. Swimming Regulations 763. Harbor Sanitation 764. Pier and Dock Regulations 765. Permits and Fees 766. Enforcement CHAPTER 77 - PARKS Article 771. General Provisions 772. Regulations 773. Penalty 4/16/73 CONTENTS CHAPTER - ARTICLES CHAPTER 78 - PUBLIC BUILDINGS Article 781. General Provisions 782. Regulations 783. Smoking Prohibited at Meetings CHAPTER 79 - PARADES Article 790. General 791. Permit 792. Appeal 793. Penalty DIVISION 8 - BUILDING CHAPTER 81 - BUILDING Article 811. Building Code 812. Housing Code 813. Moving of Buildings 814. Swimming Pools 815. Masonry Walls 816. Driveways 817. Sun Decks and Windscreens 818. Trailer Parks 819. Dangerous Buildings CHAPTER 82 - NATIONAL ELECTRICAL CODE Article 821. Adoption of Code 822. Amendments CHAPTER 83 - UNIFORM MECHANICAL CODE Article 831. Adoption of the Uniform Mechanical Code (Uniform Building Code, Volume II, 1970 Edition) CHAPTER 84 - UNIFORM PLUMBING CODE Article 841. Adoption of the Uniform Plumbing Code, 1970 Edition 5/9/73 CONTENTS CHAPTERS - ARTICLES DIVISION 9 - PLANNING CHAPTER 90 - PLANNING COMMISSION AND DISTRICTING PLAN Article 900 - City Planning Commission 901. Purpose and Effect of Districting 902. Enforcement 905. Establishment of Districts 906. Districting Maps CHAPTER 91 - LOW DENSITY RESIDENTIAL DISTRICTS Article 910. R1 District - Low Density Residential District 913. RI-PD5 District - Repealed (Ord. No. 1705 - 1/3/72) 916. R2 District - Medium Density Residential District CHAPTER 92 - HIGH DENSITY RESIDENTIAL DISTRICTS Article 920. R3 District - Medium-High Density Residential District 923. R4 District - High Density Residential Districts 924. Mobilehome District 925. R5 - Office-Professional District - renumbered (Art. 940 - 6/72) 926. -PD Planned Development Suffix CHAPTER 93 - SPECIAL DEVELOPMENTS Article 931. Planned Residential Development 932. Apartment Standards 933. Unclassified Uses CHAPTER 94 - COMMERCIAL DISTRICTS Article 940. R5 - Office-Professional Districts 941. Cl District - Neighborhood Commercial 943. C2 District - Community Business 945. C3 District - General Business 947. C4 District - Highway Commercial 948. Service Station Standards 949. Equine Standards - Commercial' I _ 6/27/73 CONTENTS CHAPTERS - ARTICLES CHAPTER 95 - INDUSTRIAL DISTRICTS Article 951. Ml-A District - Restricted Manufacturing 953. Ml District Light Industrial 955. M2 District - Industrial CHAPTER 96 - MISCELLANEOUS DISTRICTS Article 960. RA District - Residential Agricultural District 961. Al District - Agricultural 962. SP-1 District - Special Zone (Cemeteries) 963. Equine Standards - Non-Commercial 965. S1 District - Shoreline 966. Community Facilities District 967. Civic District Suffix 968. 0 District - Combining Oil 969. Recreational Open Space.District CHAPTER 97 - GENERAL PROVISIONS Article 970. Definitions 971. Non-conforming Uses and Buildings 972. Environmental. Impact" Reports 973. Miscellaneous 974. Park & Recreational Facilities 975. Undergrounding of Utilities .976. Sign Code 977. Yards 978. Setback 979. Off-Street Parking CHAPTER 98 - ADMINISTRATION Article 980. General 981. Board of Zoning Adjustments 982. Amendments 983. Conditional Exceptions 984. Conditional Use Permits 985. Design Review Board 986. Petitions 987. Hearings 988. Appeal 989. Site Plan CHAPTER 99 - CITY SUBDIVISION ORDINANCE Article 990. Purpose of Ordinance 991. Definitions 992. Tentative Maps 993. Final Map 994. General Regulations and Design 995. Improvements 996. Exceptions 997. Appeal 998. Parks and-Recreational Facilities 8/3/73 GENERAL PROVISIONS S. 0011 SECTIONS 001-1 GENERAL - 0021 - EFFECT OF CODE 0031 - CONSTRUCTION 0041 - ENFORCEMENT 0051 - NOTICES GENERAL S. 0011 TITLE OF CODE. This code shall be known as the "Huntington. Beach Ordinance Code." S. 0012 CITING IN PROSECUTIONS. In any prosecution for the violation of any provision of this Code, it shall be sufficient to refer to the Code as the "Huntington Beach Ordinance Code." S. 0013 AMENDATORY ORDINANCES. Any ordinance added to, amending or repealing this. Code may be designated as an addition or amendment to, or repeal of, the "Huntington Beach Ordinance Code." EFFECT OF CODE S 0021 FORMER ORDINANCES. The provisions of this Code, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. S. 0022 PRIOR ORDINANCE VIOLATIONS. Prosecution for violation of ordinances committed prior to the effective date of this Code shall not be affected by the adoption of the Code. S. 0023 LICENSES AND PENALTIES. The adoption of this Code shall not be con- strued as a waiver of any license or penalty due and unpaid. under any ordinance at the effective date of the code; 'nor shall such adoption be construed as affecting any provision of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to the violation thereof. S. 0024 BONDS AND DEPOSITS. The adoption of this Code shall not affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to such ordinance; and all rights and obligations thereunder shall continue in full force and effect. S. 0025 MATTERS OF RECORD. This Code shall not affect deposits or other mat- ters of record which refer to, or are otherwise connected. with, ordi- nances which are therein specially designated by number or otherwise and which are included in the Code; but such references shall be construed to apply to the corres- ponding provisions of the Code. CONSTRUCTION - S. 0031 GENERAL. The provisions of this Code and all proceedings under it are to be construed to effect its object and to promote justice. 4/9/73 S. 0032 GENERAL PROVISIONS S. 0032 HEADINGS. Division, chapter, article and section headings contained herein shall not govern, limit, modify or affect the scope, meaning or intent of the provisions of this Code. S. 0033 TERRITORIAL LIMITATION. This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Huntington Beach and that territory outside of this City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. S. 0034 LOCAL SIGNIFICATION. All references in this Code to places, acts, persons_ or things and all else in relation to this Code shall be construed to mean that the same are applicable to this City, whether the City is mentioned in each particular section or not. S. 0035 TITLES. The .Use of the title of any officer, employee, office, depart- ment, board, commission or ordinance shall mean such officer, employee, office, department, board, commission or ordinance of the City of Huntington Beach, unless otherwise designated. S. 0036 DEFINITIONS. As used in this Code, unless a different meaning is ap- parent from the context or is specified elsewhere in the Code: S. 0036.1 "CITY" means the City of Huntington Beach. S. 0036.2 "COUNCIL" means the City Council of this City. S. 0036.3 'OATH" includes affirmation. S. 0036.4 "PERSON" means and includes natural person, corporation, company, firm, association, organization, partnership, joint venture, trust, syndicate, estate, receiver, social club, fraternal organization, any group or combination acting as a unit, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee, fiduciary, and officer, agent, employee and servant of any of the foregoing. (1502) S. 0036.5 "SECTION" "Article," "Chapter" and "Division" mean, respectively, Sec- tion, Article, Chapter and Division of this Code. S. 0036.6 "SHALL" and "must" are mandatory and "may" is permissive. S. 0036.7 "WRITTEN" includes every form'of legible recording. S . 0036.8 "BOARD" and/or "Commission". includes all Council appointed groups, com- mittees, commissions, boards and any other Council appointed bodies. (1825 - 4/73) S. 0037 UNDEFINED WORDS. Words and phrases not defined in this Code are con- strued according to the approved usage of the language. S. 0038 NUMBER. The singular number includes the plural, and the plural the singular. i GENERAL PROVISIONS S. 0038 .1 S. 0038.1 GENDER. Words used in the masculine gender include the feminine and neuter. S. 0038.2 TENSE. Words used in the present tense include the future. S. 0039 If any section, subsection, sentence, clause, phrase or portion of this code, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competen. jurisdiction, such decision shall not, affect the validity of the remaining portions of t hi s code, or any. future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, sub- sections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. (1540-12/69) ENFORCEMENT S. 0041 VIOLATION. MISDEMEANOR. Any person who violates or wilfully fails to comply with any provision of this code is guilty of a misdemeanor - except where otherwise expressly provided in this code. (1902-4/74) S. 0042 CONTINUING VIOLATION. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of .any provision of this code is committed, continued or permitted, by such person, firm or corporation, and shall be punishable therefor as herein provided. S. 0043 PENALTY. MISDEMEANOR. Any person convicted of a misdemeanor under the provisions of this code (unless otherwise provided herein) shall be punishable by imprisonment in the city jail of the City of Huntington Beach, or in the county jail .of Orange County, not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both fine and imprisonment. S. 0044 PENALTY. INFRACTION. Any person convicted of an infraction under the provisions of this code shall be punishable by a fine not to exceed Five Hundred Dollars ($500), unless otherwise provided herein. (1902-3/74) S. 0045 FORM OF ACTION. A violation of this code may be prosecuted by the City Council of the City of Huntington Beach .in the name of the People of the State of California, or it may be redressed by civil action at the option of the Council. S. 0046 ABATEMENT OF NUISANCE. Whenever a public nuisance is maintained or exists in this City, either under general law or defined to be such under this code, .it shall be the duty of the police of this city, and they are hereby authorized and empowered, to summarily abate the same by removal, destruction or abatement of the act or thing constituting such nuisance. (588) 4/4/74 S . 0047 GENERAL PROVISIONS S. 0047 ISSUANCE OF CITATIONS FOR VIOLATION OF CITY ORDINANCES . •..r S . 0047. 1 When Person Arrested to be Given Notice to Appear Whenever a person Is arres ed or a violation of any or nance of the City of Huntington Beach and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State of. California, the arresting officer shall prepare in duplicate a written notice to appear in Court, containing the name and address of such person, the offense charges, and the time and. place where and. when such person shall appear in . Court. (696) S . 0047.2 Time for A earanc:e . The time specified in the notice to appear must e at least five days after such arrest. (696) S. 0047.3 Place of Ap2earance . The place specified in said. notice to ai. pear shall e before a Judge of the Justice Court of the Huntington Beach-Seal Beach Judicial District, .or before an officer authorized by the County of Orange to receive a deposit of bail. (696) S . 0047.4 Delivery of Copy to Arrested Person; Release upon Signing Duplicate Notice . Said officer shall deliver one copy of the notice to appear to the arrested. person and the arrested. person in order to secure release must give his written promise so to appear in Court by signing the duplicate notice which shall be retained. by the officer. Thereupon the arresting officer shall forthwith release th&. person arrested from custody. (696) ..✓ S . 0047.5 Filina of Duplicate Notice; Fixing Bail• Deposit of Bail; Forfeiturei Order of No Further Proceedin s . Said. Officer shall, as soon as practicable,, file e up ca e no ce with the magistrate specified therein . Thereupon the magistrate shall fix the amount of bail which is his judgment, in accordance with provisions of Section 1275 of the Penal Code of the State of California, will be reasonable and sufficient for the appearance of the defendant and. shall endorse upon the notice a statement signed by him in the form set forth in Section 815 (a) of the Penal Code of the State of California. The defendant may, prior to the date upon which he promised to appear in Court, deposit with the magistrate the amount of bail thus set . There- after, at the time when the case is called. for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited., and may in his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid to the county treasury for distribution pursuant to Section 1463 of the Penal Code of the State of California. (696) GENERAL PROVISIONS S . 0047 .6 s S . 0047.6 Issuance of Warrant for Arrest . No warrant shall be issued on such charge for the arrest of a person who has given such written promise to appear in Court, unless and until he has vio- lated such promise, or had failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and pro- visions of the judgment as required by Law. (696) S . 0047.7 Violation of Promise to Appear. Any person willfully violating his written promise to appear in Court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested . (696) S . 0047 .8 Issuance of Arrest, Warrant on Failure to Appear. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided herein, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a, magistrate having jurisdiction over the offense . When such person violates his promise to appear before an officer authorized to receive bail, other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (696) NOTICES S . 0051 SERVICE OF NOTICES . Whenever a notice is required to be given under this Code (unless d.ifferent provisions are otherwise specifically made herein) such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, add.ressed to such person to be notified, at his last known business or residence address as the same appears in the public records or other records pertaining to the matters to which such notice is directed . Service by mail shall be deemed to have been completed at the time of deposit in the post office . S . 0052 PROOF. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by affidavit of any person over the age of eighteen (18) years, which shows service in conformity with .this Code or other provisions of law applicable to the subject matter concerned . S . 0053 GENERAL PROVISIONS S . 0053 The termination or suspension (by repeal or whatever means effected) of any city law, whether such law was enacted prior to or shall be enacted after the effective date of this section, does not: . (a) Constitute a bar to prosecution and punishment of any person for a. violation of such law committed prior to such termination or suspension; or (b) Constitute a. bar to the commencement by city of any civil action or proceeding to enforce, maintain, protect or prosecute any civil right or remedy (whether at law or in equity) of city arising from such law, prior to and existing at the time of such termination or suspension; or (c) Affect the validity of any bond or cash deposit posted pursuant to such law and prior to such termination or suspension; or (d) Constitute a. bar to collection or waiver of any license fee or penalty required by law, and due and unpaid prior to such termina- tion of suspension. (1540-12/69) GOVERNMENT DIVISION 1 DIVISION 'i. GOVERNMENT CHAPTER 10. GENERAL 11. COUNCIL 12 . OFFICERS 13 . DEPARTHEM 14. .SALARIES i5.. FISCAL MATTERS . 17. TAXES 18. PERSONNEL •SYSTEM GOVERNMENT GENERAL S. 1011 CHAPTER 10 GENERAL ARTICLE 101, SEAL 102. CITY HALL ARTICLE 101 SEAL S, 1011 DESIGN OF SEAL: INSCRIPTION. The common seal of the City of Huntington Beach shall be so constructed as to make the following impression: A circle, with a centerpiece consisting of a view of ocean waves, with the outline of Catalina Island, as seen from the City of Huntington Beach, in the background, and with the words, "City of Huntington Beach, Orange County, California, Incorporated February 17th, 1909 A. D." surrounding said centerpiece and near the inside margin of said circle. (3) ARTICLE 102 CITY HALL S. 1021 DESIGNATION OF CITY HALL. The room or building used by the Council of of the City of Huntington Beach for its meetings shall be called the "City Hall." (1) S. 1022 LOCATION OF CIVIC CENTER. Those certain municipal buildings in the City of Huntington Beach and within the area bounded by Mansion Avenue on the north, Main Street on the west, and Seventeenth Street on the southeast shall be the Civic Center of the City of Huntington Beach. (1908 - 3/74) 3/18/74 GOVERNMENT GENERAL S . 1111 CHAPTER 11 COUNCIL ARTICLE 111. COMPENSATION ARTICLE 111 COMPENSATION S . 1111 EXPENSE ALLOWANCE FOR CITY COUNCILMEN. There shall be allowed to each member of the City Council the sum of One Hundred Twenty-five Dollars ($125.00) per month. Said allowance is authorized to reimburse said members of the City Council for expense of attending meetings , traveling to and from their usual place of business to said meetings , traveling to and from property under consideration for action by the City Council, and all other expenses of their duties as Councilmen. The expense authorized hereunder need not be accounted for by the recipients , but no other expenses shall be allowed except upon specific authorization therefor by the City Council. (1346) GOVERNMENT OFFICERS S. 1200 CHAPTER 12 OFFICERS i ARTICLE 120. ELIGIBILITY OF CANDIDATES 121. CITY CLERK 122. TREASURER 124. CITY ATTORNEY 125. POLICE CHIEF 126. ADMINISTRATIVE OFFICER ARTICLE 120 ELIGIBILITY OF CANDIDATES (1756 - 7/12) S. _1200 RESIDENCE REQUIREMENTS FOR ELECTIVE AND APPOINTIVE OFFICERS. In the event any court of competent jurisdiction holds invalid or inapplicable any provision of the City Charter of Huntington Beach affecting the residence require- ments as to any elective or appointive office of the city, then no person shall be eligible to hold any such elective or appointive office unless he is and shall have been a resident of the city for at least one (1) complete year next preceding the date of his election or appointment. S. 1201 REGISTERED VOTER REQUIREMENT OF ELECTIVE AND APPOINTIVE OFFICERS. In the event any court of competent jurisdiction holds invalid or inapplicable any Charter provision providing that no person shall be eligible to hold any such office in the city unless he is and shall have been a registered voter of the city, then. no such elective or appointive officer shall be eligible to hold any such office unless he is and shall have been a registered voter of the city for. at least one (1) complete year next preceding the date of his election or appointment. S. 1201. 1 PURPOSE AND INTENT. It is the purpose and intent. of the City Council of the City of Huntington Beach, in enacting this ordinance, to place realistic and enforceable limits on the amount individuals may contribute to political . campaigns in municipal elections, to limit the amount which a candidate can expend on his campaign to be elected to municipal office, to prevent the exercise by campaign contributors of potential undue or improper influence over elected officials, and to insure .against a candidate being elected to office based primarily on the amount he expended on his campaign. The City Council of the City of Huntington Beach finds that municipal elections are historically municipal affairs and consequently the City of Huntington Beach, a charter city, is not preempted by general state laws from regulat- ing contributions and expenditures in local elections. (1885 - 12/73) S. 1201.2 DEFINITIONS. . Whenever in this section the following words and phrases are used, they shall mean: (1885 - 12/73) (A) "Campaign statement" means an itemized report signed under penalty of perjury which is prepared on a form prescribed by the City Clerk, and which provides the following information: (a) Under the heading"receipts," the total amount of contributions and loans received, and.under the heading "expenditures," the total amount of expendi- tures made during the period covered by the campaign statement, and the cumulative amounts of loans, contributions received and expenditures made with respect to a municipal election. 1/17/74 S. 1201.2 (b) OFFICERS GOVERW*,NT . (b) The balance of cash and cash equivalents on hand at the beginning and at the end of the period covered by the campaign statement. (c) The total amount of contributions received during the period covered by the campaign statement for persons who have given less than One Hundred Dollars ($100) and the total amount of contributions received in a period covered by the , campaign statement for persons who have given One Hundred Dollars ($100) or more. (d) The total amount of expenditures disbursed during the period covered by the campaign statement to persons who have received less than One Hundred Dollars ($100) and the total amount of the expenditures disbursed during the period covered by the campaign statement to persons who have received One Hundred Dollars ($100) or more. (e) The full name and city, state, occupation, and the name of his -or her employer, . if any, or the principal place of business if he or she is self-employed, of each person from whom a contribution or contributions totaling One Hundred Dollars ($100) or more has been received, together with the amount contributed by each such person and the cumulative amount contributed by each such person, provided, that in the case of committees which are listed as contributors, the campaign statement shall also contain the number assigned to the committee by the Secretary of State or if no such number has been assigned, the full name and street address of the treasurer of the committee. (f) The full name and city, state, of each person to whom an expenditure or expenditures totaling One Hundred Dollars ($100) or more has been made, together with the amount of each separate expenditure to each such person during the period covered by the campaign statement and the cumulative amount paid to each such person; a brief description of the purpose for which the expenditure was made; the full name and city and state of the person providing the consider- ation for which any expenditure was made if different from the payee; and in the case of committees which are listed, the number assigned to each such committee by the Secretary of State or if no such number has been assigned, the full name and city, and state of the treasurer of the committee. (g) In the case of a committee supporting or opposing more than one candidate or measure, the total amount of expenditures for or against such candidate or measure during the period covered by the campaign statement and the cumulative total amount of expenditures for or against each candidate or measure. (h) The full name, residential and business addresses and telephone numbers of the person filing the campaign statement and, in the case of a campaign statement filed by a committee, the name of the committee and the committee' s street address and telephone number. In a campaign statement filed by a candidate, the full name and street address of any committee of which he has knowledge which .has received contributions or made expenditures on behalf of his candidacy, along with the full name, street address and telephone number of the treasurer of such committee. (i) Loans of money, property, or other things made to a candidate or committee during the period covered by the campaign statement, shall be reported separately in the statement, with the following information: (1) The total value of all loans received during the period covered by the campaign statement; GOVERNMENT OFFICERS S. 1201. 2 (i) (2) (2) For loans of One Hundred Dollars ($100) or more in value, the full name, city and county, and •state of...each lender, cosigner, and guarantor, the date of the loan, the amount or value of the loan, the interest rate, and the amount of- loan remaining unpaid. (3). The cumulative total value of all loans, received; and' (4) The total amount of :loans remaining unpaid. Loans shall be reported even though received and. repaid during the period covered by the campaign statement. If a loan has been forgiven or paid by a third person, it shall be reported. The! amount of the loan which has been forgiven or paid by a third person shall be subtracted from the cumulative total under this subdivision. (j) Where the amount of goods, services, facilities or anything of value other than money is required to be reported, the amount shall be the estimated fair market value thereof at the time received or expended, and a description of the goods, services or facilities shall be appended to the campaign statement. (B) "Candidate" shall mean any individual listed on the ballot for nomination for or election to any city office or who otherwise has taken affirmative action to seek nomination or election to public office. (C) "Committee" shall mean any, person or combination of two or more persons acting jointly in behalf of or in opposition to a candidate or to the qualification for the ballot or adoption of one or more measures. (D) "Contribution" shall mean a gift, subscription, loan, advance, deposit, pledge, contract, agreement or promise of money or anything of value or other obligation, whether or not legally enforceable, made directly or indirectly in aid of or in opposition to the nomination or election of one or more candidates or the qualifica tion for the ballot or voter approval of one or more measures. The term "contribution" includes the purchase of. tickets for events such as dinners, luncheons, rallies and similar fund raising events; a candidate' s own money or property used on behalf of his candidacy;. the granting to a candidate or committee of discounts or rebates not available to the general. public; and payments for the services of any person serving in behalf of a candidate or .committee, when such payments are not made from contributions the candidate or .committee otherwise must report under the terms of this chapter. The term "contribution" shall not include a gift of service or labor when volunteered by : the person performing the service or -labor, but shall include a gift of service or labor paid for by a person other than the person performing the service or labor. The term "contribution" shall not include the cost of an event held in honor or behalf of a candidate or committee when the total cost of the event amounts to no more than Two Hundred Dollars ($200) and when the event is not held 'for the purpose of obtaining contributions to the candidate or committee. (E) "Election" shallmean any primary, general or special municipal election held in the City of Huntington Beach, including an initiative, referendum or recall election. (r) "Expenditure" shall mean a payment, pledge or promise of payment oflmoney or any- thing of value or other obligation, whether or not legally enforceable, for goods, materials, services or facilities in. aid of or in opposition to the nomination or election of one or more candidates or the qualification for the ballot or adoption of one or more measures. The term "expenditure" includes any transfer, payment, gift, loan, advance, deposit, pledge, contract agreement or promise of money or anything of value or other, obligation, whether or not legally enforceable, made directly or indirect- ly by one committee to another committee. (G) Repealed (Ord. No. 1911 - 5/74) 6/6/74 S. 1201.3. OFFICERS GOVERNMENT S. 1201.3 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. LIMITATIONS. (1885 - 12/73) (a) CONTRIBUTION BY PERSONS. No person other than a candidate shall make, solicit or accept any contribution, gift, subscription, loan, advance, deposit pledge, or promise of money or anything of value in aid of the nomination or elec- tion--of--a--candidate which will--cause -the -total- amount- contributed by--such person with respect to a single election in support of such candidate to exceed Two Hun- dred Dollars ($200). (b) . Repealed (Ord. No. 1911 - 5/74) (c) Repealed (Ord. No. 1911 - 5/74) i (d) CAMPAIGN CONTRIBUTIONS. LIMITATION. No candidate, committee, or person shall accept contributions including contributions from said candidate, as herein defined as Section 1201.2(D) , for any election, in the aggregate in excess of Five Thousand Dollars ($5,000). (e) CAMPAIGN EXPENDITURES. LIMITATION. No candidate shall incur aggregate . campaign expenses to further the election or nomination of such a candidate, including expenses incurred by persons, committees or organizations subject to the immediate control of the working directly for the election or nomination of such a candidate, in excess of the sum of Five Thousand Dollars ($5,000). S. 1201.4 CAMPAIGN STATEMENTS. (1885 - 12/73) . (a) STATEMENTS REQUIRED. Each candidate and such committee supporting or opposing a candidate or candidates, shallfile as public record with the City Clerk three (3) cumulative, verified campaign statements containing the information set forth in Section 1201.2(A) . (b) TIMES FOR FILING. Each candidate and each committee supporting or opposing a candidate or candidates, shall file campaign statements according to the following schedule: I (1) A campaign statement, the closing date of which shall be the 28th day before the election, shall be filed no later than the 25th day prior to the election. (2) A campaign statement, the closing date of which shall be the loth day before the election, $hall be filed no later than the 7th day prior to the election. (3) A campaign statement, the closing date of which shall be the 31st day after the election, shall be filed no later than the 38th day after the election. Notwithstanding the above, if prior to the closing date all liabilities of the candidate or committee have been paid and no additional contributions are expected, the campaign statement may be filed at any time after the election with a closing date other than the 31st day following the election and not later than the 38th day following the election. i GOVERNMENT - OFFICERS S. 1201.5 i S. 1201.5 INFRACTION, EFFECT OF VIOLATION. (1885 - 12/73) (a) INFRACTION. It shall be unlawful for any person to knowingly violate or knowingly permit any other person-to violate any provision of this chapter: Any such person shall be guilty of an infraction as defined in Section 19c of the California Penal Code and shall be subject to a fine of not more than One Hundred Dollars ($100) by any court of competent. jurisdiction.- (b) Repealed (Ord. No. 1911 - 5/74) S. 1202 SEVERABILITY. If any section, subsection, sentence, clause, phrase or j portion of this article, or any future amendments or _additions hereto, is .for any reason held to.be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of j the remaining portions of this article, or any future amendments or additions hereto. . The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence, clause, :.;,.phrase or portion or any future .amendments or additions thereto.,"; .irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments. or additions. thereto be declared invalid or -unconstitu- tional. i i i i i 11 1 f ' I ' I I - I • I I i I . I 6/6/74 I S. 1211 OFFICERS GOVERNMEN'1 ARTICLE 121 ..r CITY CLERK S. 1211 RECORDS OF COUNCIL EQUALIZATION PROCEEDINGS. The Clerk shall keep a record of the proceedings of the Council and of- the Board of Equaliza- tion. (15) S. 1211. 1 CORRESPONDENCE. He shall conduct the correspondence of the Council, prepare, fill out and countersign all blanks and documents to be signed by the Mayor. (15) S. 1211. 2 KEEPING OF BOOKS UNDER STATE LAW. As Clerk, he shall keep the various books specified in Section 878. of the Municipal Corporation Act. (15) S. 1211. 3 OATHS: CUSTODY OF DOCUMENTS, PROPERTY. He shall have power to administer all the oaths and affirmations necessary in the performance of his duties; he shall have charge of and be held responsible for the books, papers and other property of the City in his office and in that of the City Council. (15) S. 1212 ACCOUNTS. Keep account of all receipts and disbursements on behalf of the City. . (15) S. 1212. 1 CHARGING COLLECTORS. Charge all sums of money to the officers whose duty it is to collect the same. (15) r.r S. 1212.2 PAYMENT INTO TREASURY. . Give orders for the payment of money into the treasury. (15) S. 1212.3 ASSESSMENTS. As ex-officio assessor he shall list, all real and personal property in this City for taxation, in the manner prescribed by the state laws and the ordinances of the Council, and shall transcribe the statements into the ., assessment roll. (15) S. 1212.4 REPORTS: He.shall report to the Council, at the first regular meeting . in each.month, all receipts and disbursements of the City during the preceding month, and also present an' annual report. (15) (Charter Provision as to City Clerk: See Art. VII Sec. 8, of Charter) S. 1213 CITY PRINTING. Provide the City Officers, through whatever arrangement the Council may have made for the City printing and supplies, with the necessary books, blanks and. stub receipts, requiring them to account for the .same. (15) GOVERNMENT OFFICERS S. 1221 ARTICLE 122 TREASURER S. 1221 QUALIFICATIONS. No one shall be eligible for election to, or to hold, the office of City Treasurer who is not a certified public accountant, or who has not had at least three (3) years practical experience in accountancy and bookkeeping. (431) S. 1222 RECEIPT OF MONEY. The Treasurer shall receive on the orders of the Clerk and safely keep all monies belonging to the City, whatever its source, for which he shall give duplicate receipts, one to the depositor and the other to the City Clerk. (15, 265) S. 1222.1 Funds. He shall establish and keep the money in the following funds: (a) Huntington Beach City Funds. (b) A general fund which shall contain all unappropriated and unapportioned money. (15, 265) (c) A Library Fund. (15, 265) (d) A Music and Promotion Fund. (15, 265) (e) Such Funds as may be created by ordinance of this City for caring for money received from the sale of bonds of this City and for the interest and sinking funds thereon. (15, 265) (f) Street Improvement Fund. (15, 265) S. 1222.2 Transfers from Fund to Fund. Money may be transferred from one fund to another on the order of the Council, except in the cases of the Library Fund, the Music and Promotion Fund and special funds created by ordinances for caring for money received from the sale of bonds of this City and for the interest and sinking funds thereon, and Street Improvement Fund. S. 1222.3 Repealed - Ordinance 1432. S. 1222.4 Quarterly Settlement. He shall make quarterly settlement to the Clerk. (15, 265) S. 1222.5 Monthly Report of Balance. Prior to the first meeting of each month, he shall report to the Clerk the balance in each fund. S. 1222.6 Annual Report to Council. He shall also make an annual report to the Council. (15, 265) (Charter Provision as to Treasurer: See Art. VII, Sec. 7) S. 1241 OFFICERS GOVERNMENT ARTICLE 124 CITY ATTORNEY ; S. 1241 ELECTION OF ATTORNEY. The office of City Attorney shall hereafter be elective; and said officer shall be elected from the City at large for the term provided in Section 17 of Article VII of the Charter of this City. (402) S. 1242 COMPENSATION. The Council shall set the compensation of said officer at not less than the amount paid said officer during the preceding year. (402) S. 1243 LEGAL ADVICE. The City Attorney shall be the legal advisor of the of- ficers in all matters pertaining to the business of the City. (15) S. 1244 DRAFTING OF INSTRUMENTS. He shall draft all ordinances, contracts or other instruments for the City when requested to do so by the Council. (15) S. 1245 PROSECUTION. He shall assist the Chief of Police by acting as prosecuting attorney before the City recorder in all cases of breeches of or violations of or noncompliance with any ordinance of the City. (15) S. 1246 OTHER DUTIES. He shall perform such other services as may be required of him by the general laws, by the ordinances of the City or by the instru- ctions of the Council. (15) (Charter Provisions as to City Attorney: See Art. VII, . Sec. 6) GOVERNMENT OFFICERS S . 1252 ARTICLE 125 POLICE CHIEF S . 1252 COMPENSATION. The Council shall set the compensation of said officer at not less than the amount paid said officer during the preceding year. (403) - S . 1253 POWERS: DUTIES . The Chief of Police shall have charge of the Police Department of the City, and it shall be his duty to preserve the peace . (15) S . 1253 . 1 Powers, Immunities of Sheriff . He shall have the same powers that are now or may hereafter be conferred on sheriffs by the laws of the State, and shall be entitled to the same protection . ( 15) S . 1253 .2 Jail: Prisoners . He shall have charge of the City jail and prisoners and of any chain gang which may be established by the Council. (15) S . 1253 . 3 Prosecutions . It shall be his duty to prosecute before the recorder all breaches or violations of or noncompliance with any ordinance which shall come to his knowledge . (15) S . 1253 .5 Reports . He shall make monthly and annual reports to the Council on the work of the Police Department. (1248) S . 1253 .6 Others Acts . He shall perform such other acts as the laws of the State and the ordinances of the Council may require . (15) (Charter Provisions as to Police Chief: See Article VII, Sec .4, of Charter) S . 1254 OFFICERS GOVERNMENT - S . 1254 Disposition of Unclaimed Property. All unclaimed property \ in the possession of the City shall be handled and disposed of in the following manner : (1457 , 1561-3/70) (a) If no owner appears and proves his ownership, such property shall be delivered to the person who found or saved the property, as provided in and subject to the limitations of Section 2080.3 of the Civil Code of the State of California. (b) If no person claims the property, as provided in subsection (a) of this Section, such unclaimed property, except unclaimed bicycles , shall be held by the Police Department for a period of at least four (4) months , and unclaimed bicycles shall be held for a period of at least three (3) months . (c) Thereafter such property shall be transferred to the city Purchas- ing Department for sale to the public at auction. Upon transfer of such property to said city Purchasing Department, such property shall not be redeemable by the owner or other person entitled to possession . If the city Purchasing Department determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the department and need not be sold : - (d ) If the city Purchasing Department determines that any such prop- erty is not needed for a. public use, thereafter such property will be sold at public auction to the highest bidd.er, with notice of such sale being given by the Purchasing Department at least five (5) days before the time fixed therefor by publication once in a newspaper of general circulation published in the county. (e) In the event the owner of any property shall appear on or before the time the property is transferred to the City Purchasing Department and reclaims said property and reimburses the city for all expenses incurred in the care and preservation of said property, then said property shall be restored to the owner. (f) In the event any property cannot be sold at public auction, it may be given away to any fraternal, benevolent, patriotic, charitable or religious organization not organized for profit or retained by the city; but if any such property is of no value and cannot otherwise be disposed of by gift or sale, or the city does not wish to retain said property, said property may be destroyed as junk, provided that if said unclaimed property con- sists of money or currency and is unclaimed by the owner or finder at the time set for property to be transferred to the city Purchasing Department, said money or currency shall be deposited in the general fund of the city. GOVERNMENT OFFICERS S. 1261 ARTICLE 126 ADMINISTRATIVE OFFICER S. 1261 OFFICE CREATED. APPOINTMENT. STATUS. POWERS. DUTIES. There is in the service of and for this City e position of Administrative Officer, who shall be appointed by, and. serve directly under the supervision and control of, the Council, in a purely admin- . istrative capacity, and whose powers and duties shall be as follows: (a) Routine Administration. To execute on behalf of the Council, its administrative supervision and control of such affairs of the City, as may be placed in his charge. (524) (b) Meeting. To attend meetings of the Council, with the duty of reporting on or discussing any matter concerning the affairs of the departments, services, or activities under his supervision upon which his judgment the Council should be informed unless excused therefrom by the City Council, except when his removal is under consideration by the City Council. (740) (c) Mail. To receive and open all mail addressed to the Council and give immediate attention thereto to the end that all administrative business referred to in said communications and not necessarily re- quiring Councilmanic action, may be disposed of between Council meet- ings: provided that all actions taken pursuant to such communications shall be reported to the Council at its next regular meeting there- after. (524) (d) Coordination of Departments. To assist the Council in coordin- ating the administrative functions and operations of the various de- partments, divisions and services of the City government; and, on -its behalf, to carry out the policies, rules and regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, divisions or services. (524) (e) Analysis. Recommendations. To analyze the functions, duties and activities of the various departments, divisions and services. of the City government and of all employees thereof; and to make such reco- mmendations to the Council with reference thereto as in his judgment will result in the highest degree. of efficiency in the over-all op- eration of the City government. (524) (f) Repealed - (Ordinance 1689 - 12/71) (g) Director of Civilian Defense. To act as local Director of Civil- ian Defense. 7 0 (h) Budget Estimates. To cause to be prepared and submitted to him by each department, division or service of the City government, item- ized annual estimates of expenditures required by any of them for cap- ital outlay, salaries, wages and miscellaneous operating costs; to tabulate the same into a preliminary consolidated municipal budget and submit the same to the Council before the 15th day of June of each year with his recommendations as to such changes which he deems advisable. S. 1261 (i) OFFICERS GOVERNMENT (i) Administration of Budget. To be responsible for the administration of the budget after its final adoption; and to keep the Council informed with respect thereto. (524) (j) Supervision over Expenditures. As agent for the Council, to supervise the expenditures of all departments, divisions, or services of the City government. (524, 704) (k) Equipment Inventory, Purchase. To make, and keep up to date, an inventory of all property, real and personal, owned by the City; and to recommend to the Council the purchase of new machinery, equipment and supplies whenever in his judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery, equipment, etc. , in use. (524) (1) Public Improvements. To develop and organize necessary public improvement projects and program; and to aid and assist the Council and the various departments in carrying the same through the succes- sful conclusion. (524) (m) Cooperation with Community Organizations. To cooperate within lawful limits, with all community organizations whose aim and purpose it is to advance the spiritual and material interests of the City and its people; and to provide them, within lawful limits, with assistance through the City government. (524) (n) Additional Duties. To perform such other duties pertaining to his ositions as the Council may from time to time, reasonably require. (524 (o) Agency for Council. Limitations. The Administrative Officer shall act as the agent for the City Council in the discharge of its administrative functions but shall not exercise any policy-making or legislative functions whatsoever, nor attempt to commit or bind the Council or any member thereof to any action, plan or program requiring official Councilmanic action. (524) (p) Duties Vested Elsewhere. It is not intended by this Article to grant any authority to, or impose any duty upon the Administrative Officer which is vested in or imposed by general law or valid City ordinances in any other City Commission, board, department, Officer or employee. (524) S. 1262 RESIDENCE. Residence in the City at the time of appoint- ment of an Administrative Officer shall not be required as a condition of the appointment, but during his tenure of office the administrative Officer shall reside within the City. GOVERNMENT OFFICERS S.. . 1263 No person elected as a Councilman of the City shall, subsequent to such election, be eligible for appointment as Administrative Officer until one year has elapsed after such Council member shall have ceased to be a member of the City Council,. (740) S. 1263 Bond. The Administrative Officer shall furnish a corporate surety bond to be approved by the City. Couht it in such sum as may be determined by the said- City Council and shall be conditioned upon the faithful performance of the duties imposed upon the Adminis- trative Officer As herein prescribed. Any premium for such bond shall be a proper charge against the City of Huntington Beach, (740) S. 1264 Absence.- The Administrative Officer shall.. designate-._an officer of the City of Huntington Beach to .serve as acting Administrative Officer during any temporary absence or disability of the Administrative Officer. In the event of failure to make such desig- nation, the City Council may appoint an officer to perform the duties of the Administrative Officer during the period of absence or disability of said Administrative Officer. (7.40) S. :1265 Removal of .Administrative Officer. The .removal of the Administrative Officer sh`ala be only upon a three ,member vote of the whole Council in the City in regular Council meeting, sub- ject, however, to the provisions-of the next succeeding sub-sections. In case of his intended removal by the City Council., the Administrative Officer� .shall be furnished with a written notice stating the Council ' s intentio"n .to remove him and the reason therefor at beast thirty, days before the -effective date of his removal, (7405 S. 1265.1 Hearin . .Within seven (1) days after the delivery to the Administrative Officer of such notice. he may, by written notification to the City Clerk, request a hearing before the City Coun- cil thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting: place, but before the expiration .of the thirty_day period, at which the Administrative Officer shall appear ' and be heard. (740) S,... 1265,2 Suspension..Pending He:a After furnishing the Adminis- trative Officer "with written notice of intended removal, the City Council may suspend him from duty; but. hs compensation shall con- tinue.,until his removal �by resolution of the Council passed subsequent to the aforesaid hearing.. (740) S;. ..1265.3 Discretion of Counc;ilo In removing the Administrative f icer, the City Council shall use its uncontrolled dis- cretion and its action shall be. final and shall not depend upon any particular showing or degree of proof at the hearing, the-:purpose of which is to, allow the Administrative Officer to present to said City Council his grounds of opposition to his removal prior to. its action. . (740) S. 1265..E OFFICERS GOVERNMENT S.. 1265..4 Limitation on-Removal, Notwithstanding .the provisions of this Ordinance hereeinbefore enumerated, .the. Administrative Officer shall not be removed from office during• or .wit'hin a period of ninety (90) days next succeeding any general Municipal election held in the City at which election a member of the City. Counc-il . is elected; the purpose of this provision• is to 41low any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the Administrative Officer in the performance of the powers and duties of his office. After the expiration of said ninety (90) day period aforementioned the- provisions of the preceding section as to the removal of said .Administrative Officer shall apply and be effective. (740) S. 1266 Compensation. The Administrative Officer shall receive such compensation as prescribed in Article 159:,. Section 1591, or as amended, and expense allowances as the City Council shall from time to time determine, and said compensation and expenses..shal.l be a. pro- per charge against such funds of the City as the City `Counci_l. shall de:signateo, Said Admi�n stratirre` Officer shall be, reimbursed for A,11 sums necessarily incurred. or: paid 'by him in the perform'ance•: of hi;s duties or incurred 'when traveling on business pert-aini ng to the• Gi.ty under direction of the City Council; reimbursement shall only be made, however, when an itemized claim:; setting forth. the sums- ejcpended and for which reimbursement is requ•es'ted, has been presented to the. City Council for -approval. (740) S"9 . 1267 Standard. of Conduct. In the discharge of his duties as ,-� Adininis t6 ive fficer, the person: holding Outih position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his contacts with the public and with •all City commissions, bosirds,, departments; officers and employees,_ and shall use his best efforts to establish and maintain a harmonious' relationship between all personnel employed in the goviornment• of this City to the. end that highest possible standards of •public service be (524) 5�68 Attendance at Commission or. .Board Meetin s: . The Administra- tive Officer .may at end any 'and: al•l meetings of any com- missions, boards„ or committees hereafter .,created by. tr,e Xity Council, upon- his own v6 tion, or upon direction of the City Counc .l... At such .mee-tings which the Administrative. Officer attends, he 'sii-all be heard by sudh commissions , boards., or committees• :as . to• .a1 matt rs upon which he wishes to address the. membens .thereof; and he . shall inform. said members' as to the status of any matter being considerred b:y the City Council, and he' shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed -by the City Council. (740) S.,. 1269. Council Mana er Relations., The City Council and its member's shall deal wi h the Administrative services of the City only through the Administrative Officer, except for the purpose of in- quiry, and neither the City Council nor any members thereof shall give any orders to any subordinates of the Administrative Officer. The Administrative Officer shall take his orders and instructions from the City Council as a Body, and no individual• Councilman shall give any orders or instructions to the Administrative Officer. (740 CONTENTS ___ CHAPTERS --ARTICLES DIVISION 1 - GOVERNMENT CHAPTER 10 - GENERAL ARTICLE 101. Seal 102. City Hall CHAPTER- 11 - COUNCIL ARTICLE 111. Compensation CHAPTER 12 - OFFICERS ARTICLE 120. Eligibility of Candidates 121. City Clerk 122. Treasurer 124. City Attorney 125. Police Chief 126. Administrative Officer CHAPTER 13 - DEPARTMENTS ARTICLE 131. Police Department 132. Fire Department . 133. Street Department 134. Department of Building and Community Development 135.. Department of Environmental Resources 136. Planning Department 137. Finance Department 138. Public Works Department 139. Harbors & Beaches Department CHAPTER 14 SALARIES ARTICLE 141. Officers 142. Schedule of Officers' Salaries CHAPTER 15 -.REPEALED BY ORDINANCE NO. 1225 (7/5/66) CHAPTER 16 - FISCAL MATTERS ARTICLE 161. Fiscal Year 162. Funds .163. Capital Outlays Fund 164. Gas Tax Fund 3/7/74 GOVERNMENT DEPARTMENTS S. 1311 CHAPTER 13 DEPARTMENTS ARTICLE 131: POLICE DEPARTMENT 132. FIRE DEPARTMENT 133. STREET DEPARTMENT 134. DEPARTMENT OF BUILDING AND COMMUNITY DEVELOPMENT 135. DEPARTMENT OF ENVIRONMENTAL RESOURCES 136. PLANNING DEPARTMENT 137. FINANCE DEPARTMENT 138. PUBLIC WORKS DEPARTMENT 139. HARBORS & BEACHES DEPARTMENT ARTICLE 131 POLICE DEPARTMENT S. 1311 Department Established: Personnel. A Police Department is hereby established in this City.- (216) S. 1311.1 Authority to Arrest. ' Each and every member of the Police Department is hereby authorized to make arrests and detain prisoners in all cases where a peace officer .is so authorized under the law of the State of California. (216) S. 1311.2 Duty to Enforce Laws. It shall be the duty of each and every member of the Police Department to enforce impartially all the laws and statutes of the United States and of the State of California and all of the Ordinances. of this City, within the limits of this City, and to perform .such other and further duties as by statute and Ordinance now existing or hereafter enacted, may be imposed upon them in their capacity as peace officers. (216) S. 1312 Daily Reports by Officers. All subordinate police officers shall report to the.Chief of Police each day, as to events occurring while such officers are on duty and all other information pertaining to general police regulations in the City which come to their .notice. (216) S. 1312.1 False Reports. It shall be unlawful for any person to wilfully make to the Police Department, or any officer in said department, . any false, misleading or unfounded report for the purpose of interfering with the operation of said department or for the purpose of inducing or causing to be issued a complaint or indictment against any person, firm or corporation. (639) S. 1313 Promotions. Those eligible to advancement to the next higher classification shall be promoted only upon recommendation of the Chief of Police, and thereafter shall receive the salary provided for said classification. (216, 416) 3/7/74 S . 1314 DEPARTMENTS GOVERNMENT S.. 1314 Discipline . All police officers shall at all. times be sub- ject to the orders of the Police Chief, and shall be sub- ject to call by the Chief of Police at any time during the day or night, (216) S . 1314 . 1 Action Upon Derelictions . The Chief of Police shall report to the Council or to the Mayor, in writing without delay ,any dereliction of duty or misbehavior of any police officer, and shall attend upon any and all investigations that may be held by the Council touch- ing the conduct of any police officer. (216) S . 1315 Reserve Police Force Established. There is hereby estab- lished in the Police Department, a Reserve Police Force . The reserve police force shall be a volunteer organization composed of qualified members who shall be subject to all applicable regulations and orders that are issued to the regular police officers of the department . The members of the reserve force may be called to active duty for the City of Huntington Beach at the discretion of the Chief of Police . (661) S . 1315 . 1 Eligibility. Members of said reserve police force shall be between the ages of 21 years and 50 years ; residents of. the City of Huntington Beach; shall be of good character and shall have no physical disabilities . (661) S . 1315 .2 Training. Before being appointed as a member of the reserve police force, the recruit shall satisfactorily pass such training requirements as may be prescribed by the Council by resolution or by directive of the Chief of Police . The recruit shall at all times during said probationary period when called -to dutylbe under the direct control and supervision of a police officer. (6611 5 . . 1315 .3 Rules and Regulations . The .City Council shall provide by resolution such further rules and regulations governing the reserve police force as it may deem necessary and all recruits and reserve police personnel shall be subject thereto and to such other and further rules , regulations and orders as may be prescribed by the Chief of Police . (661) S . 1315 .4 Pay. No recruit shall be entitled to any pay for service during the probationary period and no -r-gperve officer shall receive any pay for serving the required minimum of four hours per duty week. The reserve officer shall be entitled to pay when called to active duty over and above said minimum hours per duty week or when he replaces the services of a regular police officer. The pay of the reserve police officer shall be on an hourly wage equal to that of the beginning patrol- man in the regular police department. (661) S . 13155 Roster. The Chief of Police shall notify the City Clerk. upon the acceptance of an application of a recruit for . training in the reserve police force and at all times shall Ueep a roster of all recruits in active training and under instruction. (661) GOVERNMENT DEPARTMENTS S. 1321 ARTICLE 132 FIRE DEPARTMENT S: 13.20 DEPARTMENT ESTABLISHMENT: PERSONNEL. A Fire Department is hereby established for this city. (1879 -�11/73) S. 1321 FIRE CHIEF'S APPOINTMENT. The Fire Chief shall be appointed as provided in the Charter'. (1879 11/73) S. 1322 APPOINTMENT OF OFFICERS. EMPLOYEES. The Fire Chief shall appoint• all other officers and employees of the Fire Department, subject to approval of the Council. (.427) S. 1323 PROMOTION. Those eligible to advancement to the next, higher clas- sification shall be promoted only upon recommendation of .-the Fire Chief and upon the approval or.the City. Council shall thereafter receive the salary provided for said classification. (427, 591) (Charter Provisions as to Commissions, Departments and. Bureaus: See Art. VIII of Charter) 12/6/73 S. 1331 DEPARTMENTS GOVERNMENT ARTICLE 133 STREET DEPARTMENT S. 1321 STREET DEPARTMENT ESTABLISHED. There is. hereby established a Street Department in the City of Huntington Beach. (652) S. 1331;1 ENGINEER IN CHARGE. The City Engineer shall be in charge of the Street Department. (700) S. 1332 STREET SUPERINTENDENT. APPOINTMENT. The,Street Superintendent shall be appointed by the City. Engineer, subject to the approval of the City Council and he shall have such powers, duties and responsibilities as are set forth in the Charter, in the ordinances of the City of Huntington Beach, and by the laws of the State of California. (692, 700) S. 1333 SALARY. The Street Superintendent shall receive such salary as shall be provided by Ordinance. (652) S. 1334 APPOINTMENT OF SUBORDINATES. The City Engineer shall appoint all other officers, assistants, deputies and employees of the Street Department, subject to the approval of the City Council. (652, 700) GOVERNMENT DEPARTMENTS S. 1140 ARTICLE 134 DEPARTMENT OF BUILDING AND COMMUNITY DEVELOPMENT (652 - 10/56, 1814 - 2/73) S. 1340 DEPARTMENT ESTABLISHED. There is hereby established the Department of Building and Community Development. of the City of Huntington Beach. S. 1341 DIRECTOR OF BUILDING AND COMMUNITY DEVELOPMENT. APPOINTED. The Director of Building and Commurity Development shall be the head of the Department of Building and Community Development, and such director shall be appointed by the City Council. S. 1342 SAME. SALARY. The Director of Building and-Community Development shall have such salary as the City Council shall provide by resolution. S. 1343 SAME. POWERS AND DUTIES. (1) The Director of Building and Community Development shall be responsible .for the administration and enforcement of the follcwi-lg. (a) Uniform Building Code (Article 811) (b) Housing Code (Article 812) (c) Moving of Buildings (Article 813) (d) Uniform Swimming Pool Code (Article 914) (e) Masonry Walls ('Article 815) (f) Driveways and Parking Areas (Article 816) (g) Sun Decks and Windscreens (Article 817) (h) Trailer Parks (Article 818) (i) Dangerous Buildings (Article 819) (j) National Electrical Code (Chapter 82) (k) Uniform Mechanical Code (Article 831) (1) Uniform Plumbing Code (Article 841) (m) Huntington Beach Oil Code (Chapter 23) (n) Standing Water - Fences (Article 555) (o) Inoperable Vehicles (Article 556) (p) Rubbish Abatement (Article 558) (2) The Director of Building and Community Development shall be responsible for the enforcement of the City's zoning laws. (3) In addition to the foregoing, the Director of Building and Community Develop- ment shall perform-other acts or duties, not .inconsistent with the City Charter, as may be required by the City Council or the laws of the State of California. */25/74. GOVERNMENT DEPARTMENTS S. 1350 ARTICLE 135 DEPARTMENT OF ENVIRONMENTAL RESOURCES (1899 - 2/74) S. 1350 DEPARTMENT ESTABLISHED. There is hereby established the Department of Environmental Resources. S. 1351 DIRECTOR. The Department of Environmental Resources shall be under the supervision and direction of the Director of Environmental Resources whose office is hereby- created. S. 1352 SAME. DESIGNATION OF. The Planning Director of the City of Huntington Beach is hereby designated the Director, of Environmental Resources. S. 1353 SAME. DUTIES. The duties of the Director of Environmental Resources shall be those set forth in a job description to be prepared by the Personnel Director 'of the City and approved by the Personnel Board of the City, and such job description may be amended from time to time by the Personnel Director with approval of the Personnel Board of the City. 3/7/74 GOVERNMENT DEPARTMENTS S. 1361 ARTICLE 136 .PLANNING DEPARTMENT S. 1361 Planning Department. Established. In order .to secure the benefits accruing. to the City from the orderly growth and development of land within the City, there is hereby established a Planning Department in the City of Huntington Beach-. (882) S . 1362 Planning Director. Appointment. The Planning Director shall be the head of the Planning Department. The Planning Director shall be appointed by the City. Council and shall hold office at its pleasure. (882) S. 1363 Planning Director. Duties. The Planning Director shall have such : .powers and duties as set forth by Ordinance of the City of Huntington Beach.-. The Planning Director shall attend all meetings of the Planning Commission's deliberations. The Planning Director shall. serve as Secretary to the Planning Commission. (882) S. 1364 Salary. The Planning Director shall receive such salary as the Council shall provide by Ordinance. The Planning Director shall also receive such other compensation as Secretary to the Planning Commission as the City Council shall provide by Ordinance. - (882) S. 1365 Appointment of Subordinates. The Planning Director shall appoint all other officers, assistants,- deputies and employees of the Planning Department, subject to the approval of. the City Council. . (882) h MAY 25 1973 GOVERNMENT DEPARTMENTS S. . 1371 ARTICLE 137 FINANCE DEPARTMENT (968, 1268, 1842) S. 1371 Finance Department Established. In accordance with Section 706 of the Charter of the City of Huntington Beach, the Finance Department is hereby established. i S. 1372 JDirector of Finance - Functions and'Duties. Under the direction of the City Administrator, the Director of Finance shall perform the following functions and duties: S. 1372.1 Have charge of the administration of the financial affairs of the City and shall be head of the Finance Department.. S. 1372.2 Direct and supervise the personnel in the Finance Department. S. 1372.3 Establish and maintain a system of financial procedures, accounts and controls for,. the City government and each of its offices, officers, departments and agencies. S. 1372.4 Supervise and be responsible for.the disbursement of all monies and have control of all expenditures to insure that budget appropriations are not exceeded; after proper audit and approval as prescribed by the City Charter, prepare all checks or warrants_ in payment of claims, demands or charges against the City; said checks and warrants shall be signed by the City Treasurer; insure that all blank and unwritten checks and warrants be safely kept in his custody. S. 1372.5 Supervise and. be responsible for the collection of all monies paid into or received by the City from whatever source; insure that ail such monies be received and receipted for by the Collection Division of the Finance Department; insure that all ironies so collected and received shall be deposited with the City Treasurer no later than the first working day following said receipt; be responsible for the promulgation, installation and control of methods and system of internal control as regards collection and receipt of monies by department .or agencies of the City which do not lend themselves to centralized cashiering; establish and create a system of centralized cashiering for the City. S. 1372.6 Supervise and be responsible for all billing and collection of accounts receivable, including water billings; for billing and collection for amounts due from other governmental units; for billing and collection of all amounts due on. contracts, leases or other agreements entered into by the. City. S. 1372.7 Supervise and be responsible for the billing and col'ection of business license fees and permits. S. 1372.8 Be the City Auditor. S. 1372.9 Submit required reports periodically to the City Council as pre- scribed by the City Charter,. by State law, or by sound financial practice. S. 1372.10 Perform .such other duties as may be required. 6/3/74 S. 1372.11 DEPARTMENTS GOVERNMENT S. 1372. 11 Investment of all City funds shall be jointly determined by the City Administrator, City Treasurer and Director of Finance. S. 1372. 1.2 Business Licenses. Administration of. The DirecLor of Finance ,hull supervise and be responsible for the administration and enforcement of Chapter 21, "Business Licenses". (1842 - 5/73) S. 1373 Purchasing Division Created. The Purchasing Division is hereby created, under the supervision and direction of the Director of Finance, for. the centralized purchase of supplies, services and equipment. (1842 - 5/73) S. 1373.1 Purchasing Officer. The Purchasing Officer shall have general super- vision of the Purchasing Division. The Purchasing Officer shall be responsible to the Director of Finance. The Purchasing Officer shall perform the duties and responsibilities as outlined in the job description for Purchasing Officer approved and adopted by the Personnel Board. The Purchasing Officer shall enjoy all fringe benefits enjoyed by department heads. (1842 - 5/73) S. 1373.2 Exemptions from Centralized Purchasing. The Purchasing Officer, with approval of the City Council, may authorize in writing any agency to purchase or contract for specified supplies, services and equipment independently of the Purchasing Division; but he shall require that such purchases or contracts be made in conformity with the procedures established by this ordinance, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. (1842 - 5/73) S. 1373.3 Estimates of Requirements and Requisitions. All using agencies shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time, and for such future periods, as the Purchasing Officer shall prescribe, and using agencies shall submit requests for supplies, services and equipment .to the Purchasing Officer by standard requisition forms. . (1842 - 5/73) S. 1374 Bidding. Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pursuant to Sections 1374.3 and 1375. Bidding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, when the amount involved is less than $200.00, or when the commodity can be obtained from only one vendor. (1842 - 5/73) S. 1374.1 Purchase Orders. Purchases of supplies, services and equipment shall be made only by purchase order. (1842 - 5/73) S. 1374.2 Encumbrance of Funds. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. (1842- =~5/73)­1 -`°gyp S . 1374.3 Formal Contract Procedure. Except as otherwise provided herein, . purchases and contracts for supplies, services, equipment and the sale of personal property of estimated value greater than $2,000.00 shall be by written con- tract with the lowest or highest responsible bidder, as the case may be., pursuant to procedure prescribed herein. (1842 - 5/73) COVERNMENT DEPARTMENTS . S. 1374.4 S. 1374.4 Bidder's Security. When deemed necessary by the Purchasing Ofli_cer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or ,failure to execute the contract within ten (10) days after the notice of award of contract has been. mailed, unless the city is responsible for the delay. The City Council may, on refusal or, failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder , the amount of the lowest bidder's security shall .be applied .by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest .bidder. (1842 - 5/73) S. 1374.-5 Bid Opening Procedure. Sealed bids shall be submitted to the Purchasing Officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. . A tabulation of all bids received shall be open for public inspection during regular business hours for-a period of not less ,than thirty (30) calendar days after the bid opening. (1842 - 5/73) S. 1374.6 Rejection of Bids. In- its discretion, the City Council may.reject any and all bids presented and readvertise for bids. (1842 - 5/73) S. . 1374.7 Award of Contracts. Contracts shall be awarded by the City Council. to the lowest responsible bidder except as otherwise provided herein. (1842 - 5/73) S. 1374.8 Tie Bids. If two or .more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay or readvertising for bids, the City Council may accept the one it chooses, or accept the lowest bid made by negotiation with. the tie bidders at the time of the bid opening. (1842 - 5/73) S. 1374.9 Performance Bonds. The City Council shall have authority to require. a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interest of the city. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (1842 - 5/73) S. 1375 Open Market Procedure. Purchasing of supplies, equipment, contractual services, and sales of personal property of an estimated value in the amount of $2,000.00 or less may be made by the Purchasing Officer in the open market without observing the procedure prescribed by Section 1374.3, subject to approval by the City Council. (1842 - 5/73) . S. 1375.1 Minimum Number of Bids. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder. (1842 - 5/73) S. 1375.2 Notice Inviting Bids. The Purchasing Officer shall solicit bids by written requests to prospective vendors, by telephone and by public notice posted on a public bulletin board in the City Hall. (1842 - 5/73) S. 1375.3 Written Bids. Sealed written bids shall be submitted to the Purchasing Officer who shall keep a record of all open market orders and bids for a period of one year after the submission of the bids or the placing of orders. This record, while so kept,shall be open to public inspection. (1842 - 5/73) 5/25/73 S. 1376 DEPARTMENTS GOVERNMENT S. 1376 Inspection and Testing. The Purchasing Officer shall. inspect supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The Purchasing Officer shall have authority to require chemical and. physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (1842 - 5/73) S. 1377 Surplus Supplies and Equipment. All using agencies shall submit to the Purchasing Officer, at such times and in such form as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies and equipment. Such sales shall be made pursuant to Section 1374.3 or 1375, whichever is applicable. (1842 - 5/73) S. 1378 Director of Finance. Minimum Qualifications. Graduation from a college or university with specialization in accounting and six years of increasingly responsible financial experience, including at least four years in a public agency. Knowledge of modern principles and practices of municipal finance administration; knowledge of governmental accounting principles and practices, including public utility accounting; knowledge of budget planning and administration; knowledge of investments; ability to select, supervise, train and organize the personnel of a diversified finance department; ability to gain the cooperation of other department heads, subordinates. and the public. (1842.- 5/73) S. 1379 Director of Finance. Bond. Before assuming .the duties of his office the Director of Finance shall execute and deliver to the City Clerk a bond, approved by the City Attorney, and conditioned for the faithful performance of the duties of said office in the amount of no less than $100,000.00. The City shall bear the cost of said bond. (1842 - 5/73) GOVERNMENT DEPARTMENTS S. 1381 ARTICLE 138 PUBLIC WORKS DEPARTMENT S. 1381 Public Works Department Estahlished. There is hereby estab-. lished a Public Works Departmen . S. 1382 Director of Public Works. Appointment, Powers and Duties. The Public .Works Department shall be under the supervision of a Director of Public Works. The City Engineer shall be the Director of Public Works and shall be appointed under the provisions of the Charter of the City of Huntington Beach and shall have such p:owers and duties as provided by the Charter of the City of Huntington Beach. S.1383 Director of Public Works. Salary. The salary of the Director of Public Works shall be as set forth by ordinance of the City of Huntington Beach. r ARTICLE 139 HARBORS AND BEACHES DEPARTMENT 1255 S. 1391 Harbors and Beaches De artment. Established. In order to establish, facilitate and maintain ample and sufficient safety services for the Harbors and Beaches owned and controlled by the City, :and to operate and maintain the municipal parking lot , and other beach and harbor facilities , there is hereby established a Harbors and Beaches Department. S. '1392 Director of Harbors and Beaches. Appointment . The Director of Harbors and Beaches shall be appointed by the City Admin- istrator with approval of the City Council and shall also be the Chief Lifeguard. S. 1393 Powers and Duties. Under direction, the- Director of Harbors and Beaches shall be responsible for the efficient admin- istration of the Harbors and Beaches Department and shall have such powers and duties as set by resolution of the City of Huntington Beach. S. 1394 Salary. The Director of Harbors and Beaches shall receive such salary as is provided by the City Council. S. 1395 Appointment of Subordinates. All other officers , assistants and employees of the Harbors and Beaches Department shall be appointed by the Director of Harbors and Beaches with the approval of the City Administrator. GOVERNMENT SALARIES S . 1411. CHAPTER 14 SALARIES ARTICLE 141. OFFICERS 142� SCHEDULE OF OFFICERS ' SALARIES (1225) ARTICLE 141 OFFICERS S . 1411 City Clerk. The City Clerk shall have custodial super- vision of the Municipal Auditorium, the City Hall and the Municipal Pavilion, and shall be ex-officio assessor, and ex-officio auditor. (434) S . 1411 . 1 Assessor. The City Clerk shall be ex-officio Assessor; and is hereby allowed one deputy assessor. (434) S . 1412 Attorney. - The City Attorney shall perform such duties- as are required by the City Charter. (434) S . 1412. 1 Allowances . In addition to his salary the City Attorney shall receive an additional sum per month for stenographic and clerical assistance as may be allowed by the Council, and such additional fees or compensation as are provided for in the City Charter. (434 , 597) S . 1413 Collector: Appointment: Tenure , The Collector shall be appointed by the Council and shall hold office at their pleasure . (434 , 470) S . 1413 . 1 Appointment of Deputies . The Collector may appoint the City Treasurer and may appoint the City Clerk and any or all of his deputies or any deputy assessor as deputy collector, with the consent of the City Clerk, subject, however, to the approval of the Council. (434 , 470) S . 1413 . 2 Salaries . The Collector and his deputies shall receive- such salary and compensation as is provided in this Division. (434 , 470, 597) S . 1414 . 1 Assistant City Engineer. The Assistant City Engineer shalI act in the absence or inability of the City Engineer; shall attend the Council meetings when requested by the City Council and shall assist the City Engineer in the performance of the duties in the Engineering Department as set forth in the Charter and by Ordinances of the City of Huntington Beach. (652) S . 1415 Fire Department , The Fire Chief shall be ex�-officio Fire Marshal with police power. The Fire Chief may appoint, by and with the consent of the Council, call firemen who shall be subject to call by the Fire Chief for duty during any emergency, fire , or fire drill. (434 , 597) S 1421 SALARIES GOVERNMENT ARTICLE 142 SCHEDULE OF OFFICER'S SALARIES S. 1421 SCHEDULE OF SALARIES. (605, 883, 13949 1727 - 2/.7.2) (a) Commencing April 18, 1972, the monthly salary of the City Clerk shall be One Thousand Six Hundred Two and no/100ths Dollars ($1,602.00) . (b) Commencing April 18, 1972, the monthly salary of the City Treas- urer shall be Two Hundred Seventy and no/100ths Dollars ($270.00) . S. 1421..1 Repealed - Ordinance 1727 - 2/72 S. 1421.2 Repealed - Ordinance 1727 - 2/72 v GOVERNMENT FISCAL MATTERS S. 1611 CHAPTER. 16 FISCAL MATTERS ARTICLE 161. FISCAL YEAR 162. FUNDS 163. CAPITAL OUTLAY.' FUND 164. GAS TAX FUND ARTICLE 161 FISCAL YEAR S. 1611 Commencement of Fiscal Year. The fiscal year of this Cit shall commence on the first day of July of each year. (43� ARTICLE 162 FUNDS 40 S. 1621 Copies of Resolutions: City Treasurer. Whenever the Coun- cil shall pass any resolution concerning the funds of this City, the City Clerk shall, before six o 'clock of the day following the day upon which the said resolution is passed, deliver to the City Treasurer a certified copy of the said resolution. S. .1622 Library Copies. If the said resolution concerns the library fund, he shall also, within the same time, deliver a like copy to the Clerk or Secretary of the Board of Library Trustees. (37) S. 1623 Receipts for Money. Whenever the City Treasurer shall receive any money a onging to this City, he shall give duplicate receipts therefor as follows : S. 1624 Library Funds.. For all money deposited in the Library Fund, one receipt to the depositor, one to the Clerk or Secretary of the Board of Library Trustees, and one to the City Clerk. S. 1625 Other Funds. For' all money deposited in any other fund of this City, one receipt to the depositor, and one to the City Clerk. (37) S. 1626 Library Reports. The Clerk or Secretary of the Board of Library Trustees shall, at least one hour before the first regular meeting of each month of the Council, file with the City Clerk a written statement of all receipts and disbursements of the said Library Board during the preceding month, in addition to any other re- port required of such Clerk or Secretary by law. (37) S. 1627 FISCAL MATTERS GOVERNMENT S. 1627 Sewer Fund. There is hereby created a fund to be known .as "Sewer Tund" and all funds received by the City for off-site sewer charges, connection and sewer fees from subdividers, and other, shall be deposited in such fund and shall be disbursed only for the use and pur- poses of construction of sewers, sewer laterals, connections , sewer main- tenance and uses incidental thereto. (738) ARTICLE 163 CAPITAL OUTLAY FUNDS S. 1631 Fund Created. A fund is hereby created for capital outlay: for public improvements under the provisions of that certain Act of the Legislature of the State of California entitled: "An Act to provide for the levy and collection of taxes and assessments for the pur- pose of creating a fund for capital outlays by cities, counties, cities and counties or districts" , approved July 1, 1937, and being Chapter 717 of the Statutes of 1937. (529 S. 1631.1 Designation of Fund. Such fund shall be known as "Special Fund for apical Mtlay`. S. 1631.2 Purpose ofFund. It shall remain inviolate for the making of any capital outlays for public improvements. S. 1631.3 Expenditures from Fund. No moneys shall be disbursed therefrom excepting for such a purpose, excepting upon consent of the electors obtained as provided in said Act. (529) S. 1631.4 Levies: Limitation. Taxes may be levied upon the taxable property in said City for the raising of moneys for said fund; but no levy so made shall exceed the limitation imposed by the Charter of the City of Huntington Beach upon the right of said City to impose taxes , without the assent of two thirds (2/3) of the qualified electors of said City voting at any general or special election at which such proposition may be submitted. (529) S. 1631.5 Transfer of Surplus Funds. The Council may transfer to such fund any unencumbered surplus funds remaining on hand in the City at the end of any fiscal year. (529) S. 1631.6 Planned Local Drainage Facilities Fund. There is hereby created a and to be known as Planned Local Drainage Facilities Fund and all fees received by the City for the Planned Drainage Facilities shall be deposited in such fund and shall be expended only for the construction or reimbursement for construction of local drainage facilities within the Planned Local Drainage area from which the fees comprising the funds were collected. (789) GOVERNMENT FISCAL MATTERS S . 1641 ARTICLE 164 GAS TAX FUND S . 164.1 CREATION OF FUND. To comply with the provisions of Article 5 of Chapter 1, of Division 1 of the Streets and Highway Code , with particular reference to the amendments made thereto by Chapter 642, Statutes of 1935, there is hereby created in the City Treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund". (388) S . 1641 . 1 Payments into Fund . All moneys received by the City from the State of California under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways , shall be paid into said fund. (388) S . 1641. 2 Expenditures from Fund. All moneys in said fund shall be expended exclusively for the purposes authorized by, and subject to, all of the provisions of Article 5, Chapter 1, Division 1 of the Streets and Highways Code . (388) r AWERNMENT TAXES S. 1711 CHAPTER 17 TAXES ARTICLE 171. COLLECTION 172. UNIFORM LOCAL SALES AND USE TAX 173. UNIFORM TRANSIENT OCCUPANCY TAX 174. CIGARETTE TAX 175. REAL PROPERTY TRANSFER TAX 176. UTILITIES TAX ARTICLE 171 COLLECTION S. 1711 COLLECTION DELEGATED TO COUNTY. The City of Huntington Beach does. hereby elect that the duties of the assessment of city property for city taxes, the equalization and correction of the assessment, the collection, payment and enforcement of the taxes, including delinquent taxes, and the redemption of property from sale or other penalty for the nonpayment of city taxes, now provided by law to be assessed by the Assessor and collected by the Tax Collector and equalized by the City Council of the City of Huntington Beach, shall be performed by the County Assessor, the County Tax Collector, the County Auditor and the Board of Supervisors of Orange County when acting as board of equalization. (567) S. 1712 REPEAL. All ordinances or parts of ordinances in conflict herewith are hereby repealed, except as the same may be necessary for the assessment and collection of taxes pursuant to law by county officials, and except further to enforce the collection of all city taxes as"sessed by the City which may now be or which may become delinquent. (567) 1/l/74 S. 1720 TAXES GOVERNMENT ARTICLE 172 UNIFORM LOCAL SALES AND USE TAX (878, 1877-10/73, 1896-1/74) S. 1720 SHORT TITLE. This article shall be known as the Uniform Local Sales and Use Tax. S. 1720. 1 RATE. The rate of sales tax and use tax imposed by this article shall be 1 cent per dollar. S. 1720.2 OPERATIVE DATE. This article shall be operative on January 1, 1974. S. 1720.3 PURPOSE. The City Council hereby declares that this article is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: (a) To adopt provisions for a sales and use tax which complies with the requirements and limitations "contained in Part 1.5 of Division 2 of the Revenue and Taxation Code; (b) To adopt provisions for a sales and use tax which incorporate provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code: (c) To adopt provisions for a sales and use tax which imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes; (d) To adopt provisions for a sales and use tax which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this article. S. 1721 CONTRACT WITH STATE. Prior to the operative date, this city shall con- tract with the State Board of Equalization to perform all functions incident to the administration and operation of the sales and use tax provided for herein; provided, that if this city shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of this article. S. 1721.1 SALES TAX. For the privilege of selling tangible property at retail, a tax is hereby imposed upon all retailers in the city at the rate stated in Section 1720.1 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this city on or after the operative date. GOVERNMENT TAXES S. 1721.2 S. 1721.2 PLACE OF SALE. For the purposes of this article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out'-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and. adopted by the State Board of Equalization. S. 1721.3 USE TAX. An excise tax is hereby imposed on the storage, use or other consumption in this city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this city at the rate stated in Section 1720.1 of the sales price of the property. .The sales price shall include delivery charges when such charges are subject to state sale or use tax regardless of the place to which delivery is made. S. 1722 ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this article and except insofar as they are inconsistent with the pro- visions of Part 1.5 of Division 2 of the Revenue and Taxation Code, all of the provi- sions of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this article as though fully set forth herein. S. 1722.1 LIMITATIONS ON ADOPTION OF STATE LAW. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, wherever the State of California is named or referred to as the taxing agency, the name of this city shall be substituted therefor. The substitution, however, shall not be made when the word "State" is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution of the State .of California; the substitution shall not be made when the result of that substitution would require action to be taken by or against the city, or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this article; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, .use or other consump- tion of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provisions of that code; the substitution shall not be made in Sections 6701, 6702 (except in the last sentence thereof) , 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition of that phrase in Section 6203. S. 1722.2 PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this article. S. 1722.3 EXCLUSIONS AND EXEMPTIONS. There shall be excluded from the measure of tax: (a) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. 1/l/74 S. 1722.3(b) TAXES GOVERNMENT (b) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and. use tax ordinance enacted in accordance with Part 1.5 Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. (c) The gross receipts from sales to, and the storage, use or other consumption of property purchased by, operators of common carriers and waterborne vessels to be used or, consumed in the operation of such common carriers or waterborne vessels principally outside this city. (d) The storage or use of tangible personal property in the transportation or transmission of persons, property or communications, or in the generation, transmission or distribution of electricity or in the manufacture, transmission or distribution of gas in intrastate, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California. S. . 1722.4 EXCLUSIONS AND EXEMPTIONS. (a:) The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer. (b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation .Code by any city and county, county, or city in this state shall be exempt from the tax due under this article. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial. purposes. (d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (e). There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and. directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign govern- ment. (f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use or other consumption of tangible personal pro- perty purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax. i Y 'GOVERNMENT TAXES S. 1723 S. 1723 APPLICATION OF PROVISIONS RELATING TO EXCLUSIONS AND EXEMPTIONS. (a) Section 1722.4 of this article shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ratio for state-assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 1722.3 of this article shall become inoperative. (b) In the event that Section 1722.4 of this article becomes operative and the State Board of Equalization subsequently adopts an assessment ratio for the state-assessed property which is higher than the ratio which is required for local assessments by Section 701 of the Revenue and Taxation Code, Section 1722.3 of this article shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 1722.4 of this article shall be inopera- tive until the first day of the month following the month in which the Board again adopts an assessment ratio for state-assessed property which is identical to the ratio required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 1722.4 shall again become operative and Section 1722.3 shall become inopera- tive. S. 1723.1 AMENDMENTS. All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this article. S. 1723.2 ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or pro- ceeding in any court against the state of this city, or against any officer of the state or this city, to prevent or enjoin the collection under this article, or Part 1.5 of Division of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. S. 1723.3 PENALTIES. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. S. 1724 SEVERABILITY. If any provision of this article or the application thereof to any person or circumstance is held invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby. l/l/74 GOVERNMENT TAXES S . 1731 ARTICLE 173 UNIFORM TRANSIENT OCCUPANCY TAX 1 S . 1?31 PURPOSE. The City Council of the City of Huntington Beach hereby declares that this ordinance, which. shall be known as the Uniform Transient Occupancy Tax Ordinance is adopted to provide a tax on the rent charged in a hotel by the operator of said hotel. S . 1732 DEFINITIONS . Except where the context otherwise requires , the definitions given in this section govern the construction of this ordinance: (a) Person. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, . joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, ,or any other group or combination acting as a unit. (b) "Hotel"means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house , motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof. (c) Occupancy. "Occupancy" means the use. or possession or the right to the use or possession of any room or rooms or portion thereof, in .any hotel for dwelling, lodging or sleeping purposes . (d) Transient. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days . Any such person so occupying space in a hotel shall be deemed. to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant provid.ing for: a longer period of occupancy. In determining whether a person- is a transient, uninter- rupted periods of time extending both prior and. subsequent to the effective date of this ordinance may be considered.. (e) Rent . "Rent" means the consideration charged, whether or not . received, for the occupancy of space in a hotel valued. in money, whether to be received in money, goods, labor or otherwise, includ.- ing all receipts, cash, credits and property and. services of any kind or nature, without any deducation therefrom whatsoever. l i r� S . 1733 (f) TAXES GOVERNMENT (f) Operator . "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mort- gagee in possession, licensee , or any other capacity. Where the operator performs his functions through managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this ordinance and shall have the same duties and liabilities as his principal. Compliance with the provisions of this ordinance by either the principal or the managing agent shall, however, be considered to be compliance by both. (g) Tax Collector. "Tax Collector" means the Tax Collector . S . 1733 TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate . Said. rate shall be declared. by the City Council by resolution from time to time . Said. tax constitutes a debt owned by the transient to the city which is extinguished. only by pay- ment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid . If the rent is paid in installments , a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient 's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax collector may require that such tax shall be paid directly to the tax collector. (1590-eff. 10/1/70) S . 1733.1 Exemptions . No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which it is beyond the power of the city to impose the tax herein provided; (b) Any Federal or State of California office or employee when on official business; (c) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon a claim therefor made at the time rent. is collected. and under penalty of perjury upon a form prescribed by the Tax Collector. S . 1733 .2 Operator's Duties . Each operator shall collect the tax imposed by this ordinance to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged , and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or ind.irectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner herein- after provided . GOVERNMENT TAXES S . 1733 .2.1 S , 1733.2.1 REGISTER, (a) Every owner, keeper-. or proprietor of any lodging :house, rooming house, motel or hotel shall keep a register wherein he shall require . all guests , roomers or lodgers to inscribe their names upon their -pro- curing lodging of a room or accommodations . Said register shall also show the day of the month and year .-when said name was inscribed, and the room occupied, or to be occupied by said lodger, . or roomer or .guest in such lodging house, rooming house , .motel -or- hotelm . Said register shall be kept in a conspicuous place in said lodging house , rooming house, motel or hotel, and shall' at all times be open to inspection by any-Peace Officer of the State of California. (1226) (b) GUESTS MUST REGISTER, Before any lodging for hire to any person(s) in any lodging house, or before renting .any. room to -any person(s) in any rooming house, or before furnishing ,any accommodations to any guest(s) at any motel or hotel, the proprietor, manager or owner thereof shall require the person(s) to whom such lodgings are furnished, or -room is rented, or accommodations furnished, to inscribed his/their names (s) in : such register kept for that purpose as hereinabove provided, and shall set opposite said name(s) the time when said name (s) was/were . ,so inscribed, the room occupied by such lodger(s) , roomer(s) , or guest(s) , and the license number and description of the vehicle said lodger(s) , roomers) or guest(s) drove . (1226) ;S . 1733.2. 2 PENALTY. Any person violating any of the provisions of Section 1733 .2.1 (a) and (b) shall be guilty of a mism demeanor -and shall be: punishable therefor by a fine of not more than :Five Hundred Dollars ($500.00) or by imprisonment in the City. or County Jail for a period of not more than six (6) months or both such fine And imprisonment. (1226) So 1733.3 Registration. Within thirty (30) days after the effective date of this ordinance, or within thirty (30) days . after commencing .business , whichever is later, each operator of any hotel rent- ing occupancy to .transients shall register said hotel .with the Tax Col- ,lector and obtain from her a "Transient Occupancy Registration Certi- ficate" to be at all times posted in a conspicuous place on the premises , . Said certificate shall, among other things , state the following : . (1) The name of the operator, (2) The address of the hotel; (3) The date upon which the certificate was : issued. . (4) "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof as fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering .with the Tax Collector for the purpose -of collecting from transients _ the Transient Occupancy Tax and remitting said tax to the Tax Collector. This certificate does not authorize any person to con- duct any unlawful busines or to conduct any lawful business inian unlawful manner, not to operate a hotel without strictly complying with all local applicable laws , including .but not limited to those requiring a permit from any board, commission, department of office of this city; This certificate does not constitute a permit." S . 1733 .4 TAXES . GOVERNMENT So 17.33.4 Reporting and Remitting. Each operator shall file a report the last day of the month following the close of each calendar quarter, or -at the close of any shorter reporting period which may be established by the Tax Collector, on forms provided by her, of the total rents charged and received .and the amount of tax collected for transient occupancies , -At the time the return is filed, the full amount of the tax collected shall .be remitted to the Tax Collector, The Tax Collector may establish shorter reporting periods for any certifi- cate holder- if she deems. it necessary in -order -to insure collection of the tax and she may require further -information in the return. Returns and payments are due.: immediately upon cessation of business for any reason. All taxes collected ,by• operators :pursuant to this ordinance shall be held : in trust for the account of the city until -payment -.is made to the T.ax Collector, _ So 1733 .5 Penalties and Interest. (a) Original Delinquency. Any operator who fails to remit any tax imposed by this ordinance within the time required shall pay a penalty of 10% of the amount of the tax in addition to the amount of the -tax. (b) Continued- Delinquency. Any. operator :who fails to remit any delinquent remittance on or before a period of thirty (30) days : following the date on which the remittance first became delinquent ' shall pay a second delinquency penalty of 10% .of .the amount of the tax in addition to the amount of the tax and the 10%: penalty first imposed. (c) _-fraud. If the Tax Collector determines that the nonpayment of any remittance due -under -this ordinance -is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs (a) and (b) of this section. (d) Interest. In additionito the penalties imposed, any operator who fails to remit any tax imposed by this ordinance shall pay on the amount of the tax, exclusive of penalties , from the date on which the remittance first became delinquent until paid, (e) Penalties Merged-with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to-paid, GOVERNMENT TAXES S , 1734 .Sa 1734 Failure to Collect and Report Tax. Determination of Tax by Tax Collector, . If any operator -shall fail or -refuse to collect said tax and to make, within the -time provided- in this or- dinance, any report and remittance of said tax or -any portion thereof required by this ordinance, the Tax Collector shall proceed in such manner as she may deem best to obtain facts and information on--which to base her estimate of the tax due. As soon as the Tax Collector shall .procure .such facts and information as she is able to obtain upon which to base the assessment of any tax.. imposed by this ordinance and payable by any operator -who has failed or refused to collect the same and to make such report and remittance, she shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this ordinance, In case such determinationAis made, the Tax Collector shall give a notice of the- amount so assessed by serving it personally or by depositing it in the United States Mail, postage prepaid, addressed to the operator so assessed at his last known place of address , Such operator may within ten (10) days after the serving or mailing of such notice make application in writing to the Tax Collector for a hearing on the amount assessed. If application by the -operator for a hearing is not made within the time prescribed, the tax, interest and penalties , if any, determined by the Tax Collector shall become final and conclusive and immediately due and payable . If such application is made: , the Tax Collector shall .give not less than five (5) days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and -penalties . At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should . not be so fixed, After such hearing the Tax Collector shall determine the proper tax to be remitted and shall thereafter give written notice to the person and in the manner -prescribed herein of such determination and: the amount of such tax, . interest and penalties . The amount determined to be due shall be payable after fifteen (15) days unless an appeal .is taken as provided in Section 1734 .1. .So 1734e1 Appeal, , Any operator aggrieved by any decision of the Tax Collector -with �respect to the amount of such tax, interest and penalties , if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within - fifteen. (15) days of the serving or mailing of the determination of tax due . The Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of address . The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice, S 173-4 .1 TAXES GOVERNMENT S , 173402 Records , It shall be the duty of every operator liable for the -collection. and: payment .to the city of any tax imposed by this ordinance to keep. and preserve, for a period of three years , all records as maybe necessary to determine the amount of such tax as he may have been liable for -the - collection of any payment of the city, which records the Tax Collector shall have the right to inspect at all reasonable times . S 1734 A Refunds , (a) Whenever the amount of any tax, interest or -penalty has been overpaid or -paid more than once or has been erroneously or illegally -collected or -regeived by the` City under this ordinance it may be -refunded as provided in subparagraphs (b) and (c) of this section provided a claim in writing therefor, stating under -penalty of perjury the -specific -grounds upon which -the claim is founded, is filed with the Tax Collector within three years of the date of payment. The -claim -shall be on forms furnished by the Tax Collector. (b) An operator may claim a refund or -take as credit against taxes collected and remitted the amount overpaid; paid more than once or erroneously or -illegally collected or received when it is established in a manner -prescribed by the Tax Collector that the person .from -whom -the tax has been collected was not a transient ; provided, however, that neither a refund not a credit shall be allowed unless the amount of the tax so collected has either been . refunded to the transient or credited to rent subsequently pay- . ble by the transient to the operator. (c) A -transient may obtain a refund of taxes overpaid or paid more than -once -or erroneously or - illegally collected or received by . the city by filing a claim in the amnner provided in subparagraph (a) of this section, but only when the tax was paid by the transient directly to the Tax Collector, or -when the transient having paid the tax to the operator, establishes to the satisfaction of the Tax Collector that the transient has been unable to obtain a refund from the operator .who collected the tax, (d) No refund shall be paid under -the provisions of this section unless the claimant established his right thereto by written records showing entitlement thereto. O MRNMENT TAXES S . 1734 .4 So 1734-A Actions to Collect. Any tax required to be paid by any .transient under the provisions of this ordinance shall be deemed a debt- owed by the transient to the city. Any such tax collected by an operator -which has not been paid to the city shall be deemed a debt owed by the operator to ,the city. . Any person owing money to the City under the -provision of this ordinance shall be liable to an action brought- in the name of the City of Huntington Beach for the recovery of such amount. So 1735 Violations : Misdemeanor. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the city jail for a period of not more than six months or by both such fine and imprisonment. Any operator or other person who fails to refuses to register as required herein, or -to furnish -any return required to be made, or who fails or -refuses to -furnish a supplemental return or -other data required by the Tax Collector or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and is punishable as aforesaid. . Any -person required to make render, sign, or verify and report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this ordinance to be made , is guilty of a misdemeanor and is punishable as aforesaid. . S . 1736 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or -any -part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subdivision, paragraph, sentence , clauses or phrases be declared unconstitutional. -GOVERNMENT TAXES So 1742.3 . 2 So 1.742.3 .2 A retailer. having more than one place .of business within the City at which--cigarettes are sold shall be required to obtain a separate registration for each such place of business . So 1743 PENALTIES AND - INTEREST. S . 1743 .1 Original Deliquency Period, Any retailer who fails to remit any tax imposed by this Article within the time required shall pay a penalty of ten per cent (10%) of the amount of the tax in addition to the amount of the tax. So 174302 'Continued Delinquency,. .Any retailer who fails to remit any deliquent remittance within one month following the date on which the remittance first became delinquent shall pay a second deliquency penalty of ten percent (10%) of the amount of the tax in addition to amount of the tax and the ten per cent (10%) penalty first imposed. . S . 1743 .3 Fraud. If the Director of .Finance determines that the nonpayment of any remittance due under this. Article is due to fraud, a payment of twenty-five per cent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in Section 174301 and Section 17.43 .2 of this section, . S , 1743 .44 Interest. In addition to the :penalties imposed, any re- tailer who fails to remit any tax imposed by this Article shall pay interest at the rate of_ one-half of one per cent ( ,5%) ' per month or fraction thereof. on the amount of the tax, exclusive of -penal-. ties , from the date on. which the remittance .first became delinquent until. paid. S . 1743a5 Penalties Merged With Tax. , EvseXy penalty imposed and such interest as accrues under the provisions of this section shall become a part of -the tax herein required to be paid. Sod1743o6 Penalties During .Pendency of Hearing of Appeal, No penalty provided under the terms of this Article shall be imposed during the pendency of any hearing which .is provided . for -in Section .1745 of this Article nor during the pendency of any appeal to the City Council ,which is provided for in ,Section 1745 of .this Article . S . 1744 -TAXES 'GOVERNMENT S . 1744 FAILURES TO REPORT AND COLLECT TAX: DETERMINATION BY DIREC- TOR OF FINANCE. If any retailer shall fail or refuse , within the time provided for in this Article, to make any report and remit- tance of said tax or any portion thereof required by this Article, the Director of Finance shall proceed to obtain facts and information on which to base his estimate of the tax due . As soon as the Director of Finance shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this Article and payable by any retailer who has failed or refused to make such report and remittance, he shall proceed to determine and assess against such retailer the tax interest and penalties provided for by this Article . In case such determination is made, the Director of Finance shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage pre- paid, addressed to the distributor so assessed at his last known place of address . Such retailer may within ten (10) days after the serving or mailing of such notice make application in writing to the Director of Finance for a hearing on such amount assessed. If application by the retailer for a hearing is not made within the time prescribed, the tax, interest and penalties , if any, determined by the Director of Finance shall become final and conclusive and immediately due and pay- able . If such application is made, the Director of Finance shall give not less than five (5) days written notice in the manner prescribed --herein to the retailer to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties . At such hearing, the retailer may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing, the Director of Finance shall determine the proper tax to be remitted and shall thereafter give writ- ten notice to the retailer in the manner prescribed herein of such determination and the amount of such tax, interest and penalties . The amount determined to be due taken as payable after fifteen (15) days unless an appeal is taken as provided in Section 1745. S . 1745 APPEAL. Any retailer aggrieved by a decision by the Director of Finance with respect to the amount of such tax, interest and penalties , if any, may appeal to the Council by filing a notice of appeal with the City Clerk within fifteen (15) days of the serving or mailing of the determination of tax due . The Council shall fix a time and place for hearing such appeal and the City Clerk shall .give notice in writing to such retailer at his last known place of address . The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above in the service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice . GOVERNMENT TAXES S . 1741 ARTICLE 174 CIGARETTE -TAX (1247) S . 1741 Definitions . S . 1741 . 1 Cigarette means any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape and irre' spective of whether the tobacco . is flavored, adulterated or mixed with any other ingredient, where :such roll has a wrapper or cover made of paper or any other material, except where such wrapper -is wholly or in the greater part made of tobacco and such roll weighs over three . pounds per thousand. S . 1741. 2 Use or Consumption includes the exercise of any right or power over cigarettes incident to the- ownership- thereof other than the sale of the cigarettes or_the keeping'.or- retention there- of for the purpose of sale .-, -,--. --- - S . 1741.3 Retailer shall mean any domestic or foreign corporation, association, syndicate, joint venure , joint stock company, partnership of any kind, club, Massachusetts business or common law trust, society or . individual who sells cigarettes for any purpose other than resale . Where cigarettes are offered for sale through the means of a vending machine , the person holding title to the cigarettes in the machine shall be deemed the retailer . S . 1742 Tax Imposed. An excise . tax-is hereby imposed upon the use or consumption in the City of Huntington Beach of cigarettes purchase.d. from a .retailer for use or consumption within the City of Huntington Beach at the rate of one and one half mill ($0 . 0015) per cigarette . S . 1742. 1 Tax Paid To Retailer. The tax constitutes a debt owed by. the purchaser to the City which is extinguished only by payment of the tax to the Director of Finance or to the retailer. When a purchase from a retailer -is made within the City, the tax shall be paid to the retailer at the time the purchase price is -paid. The tax collected or required to be collected by the retailer constitutes a debt owed by the retailer to the City. Should any remittance of tax be made by a retailer prior to sale of cigarettes to a consumer; such remittance shall be considered as an advance payment to be reimbursed by adding the amount of the tax to the price of the cigarettes at the time of sale to the user or consumer . S . 1742. 2 TAXES GOVERNMENT. S . 1742. 2 Retailer Remits Quarterly. Each retailer selling cigar- ettes within the City of Huntington Beach shall collect the tax imposed under Section 1742 of this Article , and on or before the last day of the month following the close of a calendar quarter remit the total amount so collected to the Director of Finance together with a statement on a form provided by the Director of .Finance showing the number of cigarettes sold to purchasers , the amount of tax collected, and such other information as the Director of. Finance shall require . Where the Director of Finance determines that efficiency in the adminis- tration of the tax would be promoted, he may establish reporting periods greater than quarterly, but not to exceed one year . The Director of Finance may establish shorter reporting periods for any retailer if he deems .it necessary in order to insure collection of the tax. Statements and payments are due immediately upon cessation of the business of selling cigarettes for any reason. All taxes collected by retailers pursuant to this Article shall be held in trust for the account of the City until payment thereof is made to the Director of Finance . S . 1742.3 Registration . 3 . 1742.3 . 1 Within 30 days after the operative date of this Article, or within 30 days after commencing business , whichever is later, each retailer shall register with the Director of .Finance and obtain from him a "Cigarette Tax Registration Certificate" to be at all times . posted in a conspicuous place on the premises ; provided, . however,. each- retailer who does not operate from a fixed place of business shall keep the registration certificate upon his person at all times while- engag- ing in the business of being a retailer. No person shall engage in . the business of being a retailer without obtaining a registration certificate therefore . Said certificate shall, among other things , state the following : (a) The name of the operator ; (b) The address of the retailer 's place of b-usiness ; (c) The. date upon which the certificate was issued; (d) "This Cigarette Tax Registration Certificate signifies that the person named on the face hereof has fullfilled the requirements of the Cigarette Tax Ordinance by collecting the Cigarette Tax from purchasers of cigarettes and remitting said tax to .the Director of Finances This certificate does not authorize any person to conduct any lawful business in an unlawful manner, nor to operate a cigarette retailing business without complying with .all state and local applicable laws , including' but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not consti- ' tute a permit. " ' I , GOVERNMENT TAXES S . 1746 4 S , 174.6 Refund, S , 1746 .1 Whenever-the amount of any tax, interest .or-penalty has been over paid or paid more than once or has been erroneously , or illegally.•collected or received by the City under this Article, it may be refunded as provided in Section 1746.02 of this section..provided a claim in writing therefor, stating under -penaltylof-perjury -the s-pecific ground upon which the. claim °is founded, is filed with the Director of Finance within three years :of the dateof payment. The claim shall be on .forms furnished by the Director of Finance . _:S . 1746 . 2 A retailer may claim a refund or -take as credit -against taxes due but . never remitted the amount overpaid, paid more than once or erroneously or illegally collected or -received when it is established in a manner-prescribed by the Director of Finance that - the - amount claimed has -been over paid or -paid more than once or has been erroneously. or illegally collected or received by the City. So 1746 .3 :No refund shall be paid under the provisions of this section unless the claimant establishes by written records, entitle- ment thereto, S-, 1747 Actions To Collect, Any tax required to be paid by a retailer under the provisions of this Article shall be deem- ed a debt owed to the City. Any person owing taxes under -the -provisions of this . Article shall be liable to an action brought .in the name of the City of Huntington Beach for the recovery of such amount. So 1747 .1 Records . It shall be the duty of every retailer liable for the collection and payment of the City of any •tax Jm- posed by this Article to keep and preserve , for a period of four years , all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and .payment to the City, which records the Director of Finance shall have the right to inspect at all reasonable times . So 1748 Violations Misemeanoro Any person violating any provision of this Article shall be guilty of a misdemeanor and shall .be punishable by a fine of not more than Five Hundred Dollars ($500,00) or -by imprisonment in the City jail for not more than six months or by both such .fine and imprisonment, Any retailer -who fails to furnish any required return to be made or who fails to furnish or refuses to furnish other data required by the. Director of Finance, or who renders a false or fraud- ulent .return or -claim, is guilty of a misdemeanor, and punishable as aforesaid, Any person required to make , .render, sign or verify any report or claim who makes a false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this Article to be made is -guilty of a misdemeanor and is punish- able as aforesaid. S . 149 TAXES GOVERNMENT . S. 1749 Severability. If -any section, subsection, subdivision, paragraph, sentence , .clause or ,phrase of this Article or any part thereof is for any reason held to be unconstitutional such decisions shall not affect any part thereof. The City Council hereby declares that it :would- have passed each section, subsection, subdivision, paragraphp sentence , clause Qr -phrase thereof, irrespective of the •fact that any one or more sections , subsections , subdivisions , paragraphs , sentences , clauses or ,phrases be declared unconstitutional. GOVERNMENT TAXES S. 1750 ARTICLE 175 REAL PROPERTY TRANSFER TAX (1365, 1925-7/74) 1750. TITLE AND PURPOSE. This article may be cited as the "Real Property Transfer Tax Ordinance of the City of Huntington Beach. " The tax imposed under this article is. solely for the purpose of raising income and revenue which is necessary to pay the usual and current expenses of conducting the municipal government of the City of Huntington Beach. 1751. IMPOSITION OF TAX. There is hereby imposed a tax - on all transfers by deeds , instruments , writings or any other document by which any lands , tencments .or other interests in real property sold, located in the City of Huntington Beach, are or is granted, assigned, transferred or otherwise conveyed to or vested in a purchaser, or purchasers thereof, or any other person or persons , byhis or their dii>r.ct..i.on. Said tax shall be levied at the rate of one-half of ono percent of the value of consideration. 1752. DEFINITIONS . The term "vality; of cons i-de rat ion" f means the total consideration, valued :i.it moric!y of the United States., paid or delivered; or cont'ra.cted to be paid or delive�re.d in return for the tr.ar,s.t.'er of .real property , :inclu.d:ing, the amount of any indebtedness existing -i.irunedi.ate.l.y f�r-i-or .to the transfer which is secured by a lien, heed of trust. or other encumbra.nce on the property conveyed and which cur-itinue5 to be secured by such lien, deed of trust, or encumbrance after, said transfer, and .also including the amount of any indebtedness which is secured by a lien, deed of trust or encumbrance given or placed upon' the property in connection with the transfer to secure the payment of the purchase price or any part thereof which remains unpaid at the time of transfer. "Value of the consideration" also includes the amount of any special assessment levied or imposed upon the property by a public body , district or agency, where said special assessment is a lien or encumbrance on the property and the purchaser or transferee agrees to pay such special assessment or takes the property subject to the lien of such special assessment . The value of any lien or encum- brance. of a type other than those which are hereinabove speci- fically included, existing; immediately prior to the transfer and remaining after said transfer, shall not be: included in determining the value of the consideration. If the "value of the consideration" cannot be definitely determined, or is left open to be fixed by fut-ure contingencies , "value of the consi- deration" shall be deemed to mean the fair market value of the - property at the time of transfer, after deducting the amount of any lien or encumbrance , if any , of a type which would be excluded ' in determining the "value of. the consideration" pursuant to the above provisions of this section. As. used in this article, the terms "real. property" and "realty" shall be deemed to mean real property as defined by and under the laws of the '-State of C-aliforrila.. A. ,i. (S/1/74) S. 1753 TAXES GOVERNMENT 1753. PERSON ON WHOM TAX IMPOSED. Any persons who make i a transfer which is subject to the tax imposed under Section 1751 of this article, and any persons to whom such a transfer is made , shall be jointly and severally liable, for payment of the tax imposed under said Section 1751; provided, however, that the United States , State of California, any city , county , city and county, district or any other political subdivision of the State of California shall be exempt from any liability for the tax imposed herein. 1754 . EXCEPTIONS . The tax imposed by Section 1.751. hereof shall not apply to : (a) Any transfer made solely to secure a debt ; provided, however, that nothing herein contained small be deemed to exclude ` the amount of any such indebtedness from being included in the "value of consideration, " pursuant to Section 1757. In connection with transfers which are not; made solely to secure a debt ; (b ) Transfers to make effective any plan of corporate reorganization or adjustrrrent' (1 ) Confirmed under the Banlct,ur:-tcy Act, : s amended; (2 ) Approved in an equity proceeding in a court involving a railroad corporation as defined in Section 77 (m) of the Bankruptcy Act , as amended ; ( 3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 106(3) of the Bankruptcy Act, as amended: (c) Any transfer of property from one spouse to the other in accordance with the terms of a decree of dissolution or in fulfillment of a property settlement incident thereto; provided, however, that such property was acquired by the husband and wife or husband or wife prior to the final decree of dissolution. (d) Transfer or transfers , conveyance , lease or sublease without consideration which confirm, or correct a deed previously recorded or filed. (e) Transfer to or between the United :Mates , State of - California, any city , county , city and counr.,y , district or any other political subdivision of the State of Cali.for'nia and trans- fer executed pursuant to eminent domain procc;edi.ngs by the United States , State of California, any city , county , city and. county , district or other political- subdivision of the State of California. ( f) Transfers made pursuant to any or�de r by the court in any mortgage or lien foreclosure proceeding or upon execution of a judgment, or a transfer- in lieu of foreclosure . (g) Transfers recorded prior to t;ie effective date of this article . GOVERNMENT TAXES S. 1154(h) (h) (1 ) In the case of real property held by a partner- ship , the tax imposed shall not apply by reason of any transfer of an interest in a partnership or- otherwise , if: (i ) Such partnership i::, considered as a continuing partnership within the meanin},, of Section 708 of the Internal Revenue Code of 19511 , and (ii ) Such continuing partnership continues to hold the real property concerned. (2 ) If there is a terminal-ton of any partnership within the meaning; of Seetiori 70£> of the Internal Revenue Code of 1954 , for purposes of thf., art.}.cle , such partner- ship shall: be treated as having OXCe Clatc�d 'In 9 r,strurrrent whereby there was transferred, for fcii i° market value, all realty held by such partnership at the time of suct"1 termination. ( 3) Not more than one 1.c3x swill t,e :i.rlposod pursuant to this article. by t;erm:}.rlrai. i ,ri ci( t�cr.i. lr ca i.n sut diva.:,i.on (h) (2) , and any tr<=,.rISfc'V pur,,r.r.:Mi.: with respect to the real prope:'rt:y t-ro_ld by . ucli -aa: l:.riership at, the time of such termination. (i ) The making or delivery of conveyances to make. effective any. order of the Securities and Exchange Commission, as defined. in subdivision (a) of Section 1083 of the Internal Revenue Code of . 1954 , but only if ( 1) T!ie order cif' . i;hr. ;:'ecuri tic's and Exchange Commission, in obedience to which such conveyance is made ., recites that such conveyance is necessary or appropriate to effectuate t;he provisions of Section 79K of Title 1- o.f the United States Code , relating to the Public Utility Holding Company Act, of 1935; ( 2 ) Such order sped.Vies tl property which is ordered to be conveyecl; ( 3 ) Such conveyance is made in obedience to such order. 1755 • ADMINLS'I'RATION 01' TAX. The Dii .rt,c to.r of. i J 1—1nce o.f'. the City of Huntinl;t;on Bec.tch. (he .r nrit'i -Lrti.clta r C f err e.d to as "Director" ) shall collect 1:11t;, t:r:+.x :} mji,,sed Linder this Marti ccle and shall otherwise admirilste.r th:i.s art1.c:ae . l{e may make such rules and regulations , not; i.nccar; 1,;"i,t Yli, W11111 l hl,; ;a,t't;1C'. :Le , a1 , he. 4 may deem reasonably necessary or de .irrablt.. t: cadminisi,er t;iis 1 article as well as necessary forms sand recE i.pto . (8/1/74) . : S. 1756 TAXES GOVERNMENT 1756. DUE DATES, DELINQUENCIES, PENALTIES , INTEREST. The tax imposed under this article is due and payable at the time the deed, instrument or writing; effecting a transfer subject to the tax is delivered, and is delinquent it unpaid at the time of re- cordation thereof. In the event that the tax Is not paid prior to becoming delinquent , a delinquency penalty of ten percent (10% ) of the amount of tax due shall accrue . In the event a portion of the tax is unpaid prior to becoming delinquent , the penalty shall only accrue as to the portion remaining unpaid. An addi- tional penalty of ten percent ( 10%) shall accrue if the tax re- mains unpaid on the 90th day following the date of the original delinquency . Interest shall accrue at the rate of.' one-half' of one percent a month, or .fraction thereof, on the amount of tax, exclusive of penalties , from the date the tax becomes delinquent _ to the date of payment . Interest and penalty accrued shall become part of the tax. 1757. DECLARATION MAY BE REQUIRED. The tax imposed by this article shall be paid to the Director by the persons referred to in Section 1753. The Director shall �)ave the authority as part of any rules and regulati-ons proniulgatE�d by him as provided for herein to require that the paym(-_�nt slir:,.:t :i bu ;.,.c.c;ompariied by a declaration of the amount: of tax due signed by the person paying, the tax or by his agent . The dec -ar,---it; .on :;ha1.1. include a state- ment that the value of the consideration on which the tax due was computed includes all. indebtedness s("(red by l.i.erts , deeds of trust, or other encumbrances. remaining or placed on the property transferred at the time of transfer, and also includes all special assessmehts on the property which the purchaser or transferee agrees to pay or which remains a lien, op the property at the time of transfer. . The declaration shall identify the deed, instrument or writing; effecting the transfer for which the tax is being paid. The - Director may require de- livery to him of a copy of such deed, instrument or writing whenever he deems such to be reasonably necessary to adequately identify such writing or to administer the provisions of this article . The Director may rely on the declaration as to the amount of the tax due provided he has no reason to believe that the full amount of the tax due is not shown on the declara- tion. Whenever the Director has .reason to bc,: Ii.eve that the full amount of tax due is not shown on the declaration or has riot been paid, he may , by notice served upon any person liable for the tax, require -him to furnish a true copy of hi.:_> i-ecords, relevant to the value of the consideration or fair market value of the property transferred. Such notice may t)e se.rved at. any t.i.rtic- w'Lthin three ( 3) years after' recordation of the deed , instrument; or writing which transfers such property . 1758 . DETERMINATION OF DF.hI:CIENCY . I: ors the basis of such information as the Director rr'Cei.Ves i�Llr' '•iarar;t t,o the last Para- graph of Section 1757 and/or on the bas .i.s of :such other relevant information that comes into his posses , ion , he determines that the amount of tax due as :set; forth in the cl c:i .r.1°at: ion , or as paid, is insufficient , he may recompute the t.a}; ciue on the :oasis of such information . z GOVERNMENT TAXES s. 1759 If the declaration required by Section 1757 is. not submitted , the Director may make an estimate of the value of the consideration for the property conveyed and determine; the amount of tax to be paid on the basis of any information in his possession or that may come into his possession. One or more deficiency determination: may be made of the amount due with respect to any transfer. 1759 . NOTICE OF' DETERMINATION. Director shall give written notice to a person liable for pa,yrrient of the tax imposed under this article of his determination rc.ide under .'3ection . 1758. Such notice shall be gjven within threc:� years after the re- cordation of the deed, in;:>trument or wr.it.Infr e.ffecti.ng the trans- fer on which the tax deficiency determination was rrade . 176o. MANNER OF GIVING NO'i..1-rcp:. Any noti-ce req.uired to be given by the Director under this a.rtic] F:: way be served personally , or by mail; if by mail , ;erv:i.;:c sha:l l tit_• i-ia ie by depositing; the notice in the United States mai 1, in rx envelope with postage paid, addressed to . the pear oil on whom It, is to be served at his address as it appears in the records of the City or as ascertained by the. Director. The service is complete at the time of the deposit of the notice in the United States mail, without extension of time for any reason. 1761. PETITION FOR REDETERMINATION. Any person against whom a determination is made under this article or any person directly interested may petition the Director for a redetermina tion within sixty (60 ) days after service upon the person of notice thereof. If a petition for redetermination is not filed in writing with the Director, City Hall, Huntington Beach California 92648, within .the sixty (60 ) day period, the determination becomes final at the expiration .of the period. 1762. , CONSIDERATION OF PETITION HEARING. If a petiti.oin for redetermination is filed within the si.xty. .( 60 ) day period, 'the- Director shall. reconsider the determination .and, if the person has so requested in his petition, shall .grant the person an oral hear- ing, and shall give him ter. ( 10 ) days ' notice of the time and place of hearing. The Director may designate one "'or more deputies for the purpose of conducting; hearings and may continue a hearing from time to time as. may be necessary . 1763. DETERMINATION OF PETITION. The Director may decrease or increase the amount of the determination before it becomes . final, but the amount may be increased only If a claim for the increase is asserted by the Director at- or before the hearing. 1764 . FINALITY OF DETERMINATION. The order or decision of the Director upon a petition for redetermination becomes final . thirty (30 ) days after service upon the petitioner of notice thereof. (8/1/74) .. . S. 1765 TAXES GOVERNMENT 1765. TAX A DEBT. The amount of any tax, penalty, and interest imposed under the provisions of this article shall be • deemed a debt to the City . Any person owing money to the City under the provisions of this article shall be liable to an action brought in the name of the City for the recovery of such amount . 1766 . REFUNDS . Whenever the amount -of any tax , penalty or interest has been overpaid, or paid more than once, or has been erroneously collected or received by the City under this article , it may be refunded as hereinafter provided in this section, pro- vided a written claim therefor stating under penalty of perjury the specific grounds under which the claim is founded is filed with the Director within three ( 3) years o:f the date of payment . The claims shall be on forms furnished by the Director. The Di- rector may make such refund if he is satisfied that the claimant -is entitled to the refund under the provisions of this section. No refund shall be paid under the provisions of this section unless the, claimant establishes his right thereto by written records showing entitlement thereto. 1767. SEVERABILITY. If any provision of this article , or application thereof to any person or circumstances , is held invalid, such invalidity shall not affect other provisions or .applications of this article which can be given effect without the invalid provision or application; and to this end the provisions of this article are declared to be severable . GOVERNMENT PERSONNEL SYSTEM S . 181l CHAPTER 18 PERSONNEL SYSTEM 1225 ARTICLE 181. GENERAL 182 . PERSONNEL BOARD 183 . COMPETITIVE SERVICE 184. POLITICAL ACTIVITIES-CITY EMPLOYEES 185 . SEVERABILITY. ARTICLE 181 GENERAL S . 1811 ADOPTION OF PERSONNEL SYSTEM: In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reason- able degree of opportunity for qualified employees , the following personnel system is hereby adopted . S . 1812 PERSONNEL DEPARTMENT CREATED. A personnel Department hereby created and shall be under the supervision and control of a Personnel Director . (1642-5/71) S . 1813 PERSONNEL DIRECTOR. A Personnel Director shall be appointed by the City Administrator with the approval of the City Council, and such Personnel Director shall be the head of the Personnel Department . (1642-5/71) S . 1814 DUTIES OF PERSONNEL DIRECTOR. The Personnel Director shall administer the provisions of Chapter 18 of this code; the Personnel Resolution; and the Employer-Employee Relations Resolution . He shall be the city's principal representative in all matters of employer-employee relations , with authority to meet. and confer in good faith with recognized employee organizations within the scope of repre- sentation. He shall serve as secretary to the Personnel Board . He shall have authority to perform such other duties as may be assigned him by the City Administrator and the Personnel Board not inconsistent with the city Charter, this chapter, and the above-named resolution. (1642-5/71) S . 1821 PERSONNEL SYSTEM GOVERNMENT ARTICLE 182 PERSONNEL BOARD S . 1821 PERSONNEL BOARD: There is hereby created a Personnel Board to consist of five (5) members , to be appointed by the City Council . S . 1821. 1 The first Board to be appointed shall at its first meeting, so classify its members by lot that one shall serve for a term which shall expire one year from date of appointment, one shall serve for a term which shall expire two years from date of appointment, one shall serve for a term which shall expire three years from date of appointment, and two shall serve for a term which shall expire four years from date of appointment . At the expiration of each of the terms so provided for, a successor shall be appointed by the City Council for a term of four years . The Personnel Board shall adopt rules of procedure and shall select a chairman from its members who shall act as presiding officer . S . 1821.2 Vacancies on the Board shall be filled by appointment by the City Council for the unexpired term. Each member shall serve until his successor is appointed and qualified . S . 1822 PERSONNEL BOARD. FUNCTIONS AND DUTIES . The functions and duties of the Personnel Board shall .be as provided by Section 808 of the city Charter, by ordinance, by resolution or by minute action of the Council . (1642-5/71) GOVERNMENT PERSONNEL SYSTEM S. .1831 ARTICLE 183 COMPETITIVE SERVICE S. 1831 COMPETITIVE SERVICE. Pursuant to Article 10 of the.City Charter, it is hereby declared that all departments and appointive officers and employees of the city are included within the personnel system and the com- petitive service except: (a) Elective officers. (b) Members of appointive boards, commissions and" committees. : (c) Persons engaged under contract to supply expect, professional, technical or other services. (d) Emergency employees who are hired to meet the immediate requirements of".an emergency. (e) Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal years. (f) Temporary employees. , (1642-5/71) S. 1832_ ADOPTION AND AMENDMENT OF RULES. . Personnel rules and regulations, in the form. of a. Personnel Resolution, shall be adopted and amended from time to time by the City Council following hearings open -to the public before the Personnel Board. The Personnel Resolution shall establish specific rules, . procedures, including; disciplinary and review procedures, and regulations governing the administration and operation of the Personnel Board and the personnel system which shall not be inconsistent with the City Charter. (1642-5/71) S. 1833 EMPLOYER-EMPLOYEE RELATIONS. An Employer-Employee Relations Resolution shall be adopted and may be amended from time to time by the. City Council following hearings open to the public before the Personnel Board. (1642-5/71) 10/17/73 S. 1841 PERSONNEL SYSTEM GOVERNMENT ARTICLE 184 POLITICAL ACTIVITIES-CITY EMPLOYEES S. 1841 POLITICAL ACTIVITIES OF CITY EMPLOYEES: This section applies to all officers and employees of the competitive service. S. 1841.1 ' SOLICITATION OR RECEIPT OF POLITICAL CONTRIBUTIONS FROM OTHER EMPLOYEES: An officer or employee of the City shall not, directly or indirectly, solicit or receive political funds or contributions, knowingly, from other officers or employees of the City or from persons on the employment lists of the City. S. 1841.2 USE OF PLACE OCCUPIED FOR GOVERNMENTAL PURPOSES TO MAKE OR GIVE NOTICE OF POLITICAL CONTRIBUTION: S. 1841.2.1 Every officer or employee of the City shall prohibit the entry into any place under his control, occupied and used for the governmental purposes of the City, of any person for the purpose of therein making, or giving notice of any political assessment, subscription, or cont-ribution. S. 1841.2.2 A person shall not enter or remain in any such place described in subsection (1) of this section for the purpose of therein making, demanding, or giving. notice. of any political assessment, subscription, or contribution. S. 1841.2.3 This.- section shall not apply to any auditorium or other place used for the conduct of public or political rallies. or similar events, nor to any park, street, public land or other place not being used for the governmental. purposes of the City. S. 1841.3 USE OR THREAT TO USE POLITICAL AUTHORITY 'OR INFLUENCE. No one who holds, or who is seeking election or appointment to any office or employment in the City shall; directly or indirectly, use, promise, threaten or attempt to use, any office, authority or influence, whether then possessed or merely anticipated, to confer upon secure for arty person, or to aid or obstruct any person in securing or to prevent any person from securing any position,. nomination, confirmation, promotion, change in compensation or position, within the City, upon consideration or condition that the vote or political influence or action of such person or another shall be given party or upon any other corrupt condition or consideration. S. 1841.4 POLITICAL ACTIVITY WHILE IN UNIFORM: No officer or employee of the City shall participate in political activities of any kind while. he is in uniform. S. 1841.5 PARTICIPATION IN CAMPAIGN FOR OFFICE IN THE CITY. OR IN RECALL ELECTION BY EMPLOYEE IN NON-EXEMPT POSITIONS. No officer or employee whose position is not exempt from the operation of the personnel system of the City shall take an active part in any campaign for or against any candidate, except himself, for an officer recall of any elected official of the City. I GOVERNMENT PERSONNEL SYSTEM S. 1851 . ARTICLE 185 SEVERABILITY S. 1851 SEVERABILITY: - .If any section, subsection,. subdivision, paragraph, sentence, clause or phrase of this Ordinance, or of the Personnel Rules and Regulations, or any part thereof, is for. any reason, held to be uncon- stitutional, .such decision shall not affect the validity of the remaining portions thereof. The City Council hereby declares that it would have passed this Ordinance and the Personnel Rules and Regulations, and each section, subsection, subdivision, paragraph, sentence, clause., and phrase thereof, irrespective of the :fact that any one or-more sections, .subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. 10/17/73 BUSINESS DIVISION 2 DIVISION 2 BUSINESS CHAPTER 21. BUSINESS LICENSES 22. CERTIFICATE OF PUBLIC NEED AND NECESSITY 23. OIL 24. DANCE HALLS 25. MOTION PICTURE THEATERS 26. PAWN BROKERS , JUNK DEALERS , & SECONDHAND DEALERS 27. BATH HOUSES AND MASSAGE PARLORS 28. AMUSEMENT & ENTERTAINMENT PREMISES - RESTAURANTS 29. COMMUNITY ANTENNA TELEVISION CHAP E'l; '21 BUSINESS LICENSES ARTICLE 211. GENERAL 215 . OIL PRODUCTION BUSINESS LICENSE TAX ARTICLE 211 GENERAL S . 2111 DEFINITIONS . S . 2111 . i Revenue Measure . This Ordinance is enacted solely to raise revenue for municipal purposes, and is not intended for regulation. (766) S . 2111.2 Substitute For Other Revenue Ordinances . Persons required to pay a license tax for transacting and carrying on any business under this Ordinance shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other Ordinance of the City of Huntington Beach, and shall remain subject to the regulatory provisions of other Ordinances . (766) S . 2111.3 Effect of Ordinance On Past Actions and Obligations Previously Accrued . Neither the adoption of this Ordinance nor its superseding of any portion of any other Ordinance of the City of Huntington Beach shall in any manner be construed to affect prose- cution for violation of any other Ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed. to affect the validity of any bond or cash deposit required by any Ordinance to be posted, filed, or deposited, and all rights and obli- gations thereunto appertaining shall continue in full force and effect . (766) S . 2111.4 No License to Prohibited Occupations . Nothing in this Chapter 21 shall be construed to permit the conduct of any trade, business or occupations , which is prohibited by an applic- able federal, state or municipal ordinance or regulation, or which has been declared illegal or to constitute a nuisance by any govern- mental or municipal authority. (852) S . 2111.5 Permit From City Council Required to Operate Certain Businesses . No license shall be issued for the conduct of any business which, in the opinion of the City Clerk, or his dep- uties , would be detrimental to the public healtiz, safety, welfare, or moral standards of the City of Huntington Beach, until a permit shall have first been obtained from the City Council. (838) S. 2111.6 BUSINESS LICENSE BUSINESS S, 2.11.1 .6 Petition for Permit , Whenever any person, persons , firm, co-partnership or corporation desires to open or keep any business for which, in the opinion of the City Clerk or his deputies , would require a permit from the City Council , he, she , they , or it shall petition the City Council for such permit in writing. Said petition shall set forth the name of the applicant , the character of the business , the location of the premises where the business is to be conducted , if a firm or corporation, the names and addressed of all the officers and parties financially interested in the business , a statement indicating whether or not alcoholic beverages are to be sold on the premises , and list any and all games and amusement machines and devices to be operated on the premises. On the hearing of said petition , the Council may grant the permit in whole or in part , may grant conditional permit , may prescribe insurance or bond requirements , or may reject the petition; and no license shall be issued thereon except as ordered by the Council . (838) S. 2.111.E, 1 Investigation Fees. Investigation fees may be levied against business applicants , firms , persons or sub- sequent employees , when so designated by the City Administrator and City Council .. Said fees shall be reasonable and based on standards set by the City Administrator and shall be payable to the City Clerk prior to the police investigation. Fees are not refundable. (1171) S. 21.11.,7 Business License a Receipt not a Permit. The business license issued pursuant to the provisions of this Ordinance constitutes a receipt for the license fee paid and shall have no other .legal effect. A business license is a requirement , not a permit to conduct , manage , or carry on any business activity within this City. (838) S, 2111.8 Definitions. (a) Person. As used in this Ordinance, "Person" includes all domestic and foreign corporations , associations , syndicates , joint stock corporations, partnerships of. every kind , clubs , Massachusetts business , or common law trusts , societies , and individuals trans- acting and carrying on any business in the City of Huntington Beach other than as an employee. (b ) Business. As used in this Ordinance , "Business" includes pro- fessions ,� trades , and occupations and all and every kind of calling whether or not carried on for profit. BUSINESS--- BUSINESS LICENSE S (c) Average Number of Employees . As used -in this Ordinance "Average ' Number of Employees" includes the total number of employees in the managing, operation, transacting and carrying on of any business in the City of Huntington Beach The average number of employees for any business having a fixed location in the City shall mean the average number of persons employed daily for the twelve months period ending on the December 31st next preceding the date of -license application, and shall be determined by ascertaining the total number of hours of- service performed by all employees during such year, and dividing the total number of hours of service thus obtained by the number of hours of service consti- tuting a day' s work, according to the custom or laws governing such employments , and by again dividing the sum thus obtained by the number of business days in such year . The same Ordinance further provided that the average number of employees for any business not having a fixed location in the City `sha•11 mean the num- ber of persons employed daily for the period .during which the applicant for a license conducts- such .business , and shall be de- termined by ascertaining the total number of hours of service per- formed by all employees during the three days , or less , on which the greatest number . of persons Ls employed, and dividing the total number of hours of service thus obtained by. the number of hours of service constituting a day.' s work, according to. the custom or laws -,- . governing such employments , and again dividing the sum thus ob- tained by the number of business days upon which the total hours of service is based. (d) Hotel, Motel , or Rooming House. As used in this ordinance, "Hotel, Motel, or Rooming . House" including any lodging house, motel, hotel , rooming house, bungalow court, auto court, or . public or private club containing more than three (3) guest rooms or units, and which is occupied or is intended or designed for occupancy by more than three (3) guests ,. whether rent is paid in money, good.s , labor, services or otherwise and which is maintained, advertised or held out to the -public as a-place where sleeping or rooming accomodations are furnished to the whole or any part of the public whether with or without meals . (e) Apartment House : As used in this ordinance "Apartment House" shall include any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other, in. which building or -portion thereof, kitchen or cooking facilities are incorporated, whether or' not the occupants do their cooking in said building, and shall include flats and apartments . (766 , 8389 904) S . 2111 .8 (f) BUSINESS LICENSE BUSINESS (f) General Engineering Contractor. As used in this Ordinance, "General Engineering Contractor" is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill , including the fol- lowing divisions or subjects : Irrigation, drainage, water power, water supply, flood control , inland waterways , harbors , docks and wharves , shipyards and ports, levees , river control and reclaima- tion works , railroads , highways , streets and roads, tunnels , sewers and sewage disposal plants and systems, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances , parks , playgrounds and other recreational works , refineries , chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, power- houses , power plants and other utility plants and installations , land leveling and earthmoving projects , excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works . (g) General Building Contractor . As used in this Ordinance, a General Building Contractor" is a contractor whose principal con- tracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons , animals, chattels , or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts or to do or superintend the whole or any part thereof. (h) Specialty Contractor . As used in this ordinance, a "Specialty Contractor shall also mean a subcontractor and -is a contractor whose operations as such are the performance of construction or other work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts or other specialized techniques and who is not classified as a general engineering or general building contractor by the Depart- ment of Professional and Vocational Standards of the State of California, and those various categories of contractors who are not required to be and who are not licensed as "Contractors" by the aforementioned department . The classification assigned to Contractors by the State of California will be used in determining the fee for issue of license by this City. A license as a Spe- cialty or subcontractor will not be .issued to .a person classified by the State as a General or Engineering Contractor unless such contractor holds a valid Sub or Specialty Contractor classifica- tion license in addition to his General or Engineering License . (7669 8389 904) BUSINESS BUSINESS LICENSE S . 211108 (i) (i) (1) - Vending Machine , As used in this ordinance, a "vending machine" is any weighing, amusement, service, merchandise, food or drink-dispensing machine , or device wherein a sum of money is charged or collected for the operation of such machine or device by means of a coin slot or otherwise, exluding "bulk-vending machines , " (2) - Bulk-vending Machine . As used in this ordinance , "bulk- vending machine" is defined as a nonelectrically-operated vending machine , containing unsorted confections , nuts or merchandise which, upon insertion of a coin or coins , dispenses same in equal portions , at random and without selection by the customer, excluding "vending machines . " (j) Solicitors and Canvassers , As used in this Ordinance , "Solicitors and Canvassers" are defined to be and include any individual not having• a fixed place of business within the City of Huntington Beach who for himself, or as agent or representative for or of another, in person or by telephone or by any other means of communication is engaged in the business of going from house to house and place to place or at or along the streets of this City, offering to sell intangibles , such as bonds or stock or oil or mining shares or units , or soliciting or taking orders for future delivery of articles , goods , wares or merchandise, services or subscriptions inclusive of newspapers , magazines , periodicals , books and all other publications , and whether collecting advance .payments or not, and inclusive of all persons who thus go from place to place , and from house to house within the City, in any like or analogous activities , including those who solicit funds or articles for charitable purposes , and inclusive of any and all such persons who may or may not engage in any actual or purported interstate commerce . The terms solicitor and canvasser shall not apply to commercial salesmen, agents and the like who sell or take orders for the sale of wholesale goods to persons maintain- ing a fixed place of business in this City who are licensed as prescribed by this Ordinance , (k) Peddler. As used in this Ordinance, "Peddler" is defined to be and includes any person not having a fixed place of business in this City, who for himself, or as agent or representative for or of another, goes from house to house, and . place to place, or at or along the streets of this City offering to sell tangible objects or articles , goods , wares , merchandise , or services , who delivers such object, article , goods , waxes , merchandise, or service, in person, to the individual placing order for the same, at the time -such order is placed and paid for. (1) Home Occupations . .Licenses may be issued for various forms of Home Occupations to those persons who have satisfactorily made application for and have successfully obtained a variance , (766 , 838) BUSINESS BUSINESS LICENSE S . 2112 S . 2112 LICENSE REQUIRED. There are hereby imposed upon the busi- nesses , trades , professions, callings and occupations specified in this Ordinance License taxes in the amounts hereinafter prescribed . . It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the City of Huntington Beach without first having procured a license from said City so to do or without complying with any and. all applicable provisions of this Ordinance . This section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirment. con- flicts with applicable statutes of the United States or the State of California. Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States or of the State of California shall be liable for payment of the tax imposed by this Ordinance . (766) S . 2112 .1 How and When Payable . In the case of an original applica- tion for license under the "Average Number of Employees" classification, where the applicant intends to conduct his or her business from a fixed place of business in this city, the entire minimum fee shall be due and payable following final approval of application for license, but prior to issue of license applied for. Those who make application for license under this 'classif ication but who . do not main- tain a fixed place of business in this city, shall pay the entire mini- mum fee at the time the application for license is made . If such business , however, is commenced after the beginning of the . licensing period covered by such license, then the license upon filing his state- ment of "Average Number of Employees" at the end of the licensing period, shall pay a license fee in accordance with schedule of "Average Number of Employees" and may credit the minimum license fee paid on original application toward the fee required in classification schedule for "Average Number of Employees" . The fees for all licenses , whether under flat-rate (annual) status or classifications "A " "B " "C " and "D " shall be payable in advance � s > > p Y ., and such license shall cover the period of one year from the first day of the month in which said license is issued . The statement required under Section 2112.5 .2 of this ordinanceshall be submitted on all business licenses based upon "Average Number of Employees" on or before thirty (30) days following the end of the year applicable to such business as set forth, and any additional sums pay- able by reason of such statement shall accompany the return of statement . No renewal license shall be issued until the full amount due and pay- able by reason of the statement and. return for the previous year has been paid in full. S . 2112.2 BUSINESS LICENSE BUSINESS In the event that a business licensed under the "Average Number of Employees" classifications of this ordinance shall cease operation before the end of the license period, then the statement required by Section 2112.5.2 of this ordinance shall be submitted on or before thirty (30) days following the ceasing of business . Any ad.ditional sums payable by reason of such statement shall accompany such state- ment . In no event shall any portion of the minimum fee be refundable in the event a business shall cease operation. The minimum license fee payable under the "Average Number of Employees" classification of this ordinance shall be due and payable in the case of an original license before the license is issued, and in the case of a renewal license, shall accompany the statement required by Section 2112.5 .2 of this ordinance for the prior year and application for renewal. (766, 9045 1605-9/70) S . 2112.2 No License Transferable . Amended License for Changed Location. No license issued pursuant to this Ordinance shall be transferable; provided, that where a license is issued authoriz- ing a person to transact and carry on a business at a particular place, such license may upon application therefor and paying a fee of Three Dollars and Seventy-Five Cents ($3 .75) have the license amended. to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved . (766, 8385 1605-9/70) S . 2112.2. 1 Penalties for Failure to Pay Tax When Due . For failure to pay a license tax when due, the City Clerk shall ad.d a penalty of 10% of said license tax on the last day of each month after the due date thereof, providing that the amount of such penalty to be ad.d.ed shall in no event exceed 100% of the amount of the license tax due . (766) S . 2112.2.2 Unpaid. Fees as Bar to Further License . No license shall knowlingly be issued to any person who, at the time of making application for any license, is indebted to the City for any prior unpaid. license fee . (838) S . 2112.2 .3 Bonds . Where, by the terms of this Chapter, a bond is required to be furnished by any person accruing or apply- ing for a license; such person shall, before the issuance to him of such license, deliver to the City Clerk a bond. executed by any reliable surety company or by two personal sureties, each of whom is the owner of property within the City of Huntington Beach of the value of twice the amount of the penal sum of the bond . (766) BUSINESS BUSINESS LICENSE S . 2112 .2.4 S . 2112.2.4 Form of Bond.. The conditions of said. bond shall be stated. in substantially the following language: "Of the said. , the bounden principal shall comply with all the laws and. ordinances pertaining to said business, and. shall indemnify and, save harmless the City of Huntington Beach and. any person or persons who may be injured. or caused financial loss through any failure on the part of said licensee to comply with said. laws, or because of any mis- conduct on the part of said. licensee in carrying on said business, then this obligation shall be void, otherwise it shall remain in full force and effect, and this bond shall insure to the benefit of the City of Huntington Beach and to any person or persons and. to all employees of said. licensee; and. the said. City and. any of said. above mentioned. persons may maintain an action on this bond directly in its, his, her or their name or names , and. this bond may be recovered against more than one and until the full penalty thereof shall be exhausted.. " (766) S . 2112.3 Branch Establishments . A separate license must be obtained for each branch establishment or location of the business transacted and. carried. on and. for each separate type of business at the same location, and. each license shall authorize the licensee to trans- act and carry on only the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and distributing plants used in connection with and. incidental to a business licensed under the provisions of this Ordinance shall not be deemed to be separate places of business or branch establishments . (766) S . 2112.4 Unexpired. Licenses Heretofore Issued.. Where a license for revenue purposes has been issued to any business by the City of Huntington Beach and. the tax paid therefor under the pro- visions of any Ordinance heretofore enacted. and the term of such license has not expired., then the license tax prescribed. for said. busi- ness by this Ordinance shall not be payable until the expiration of the term of such unexpired license . (766) S . 2112.4. 1 Duplicate License, License Decal, or License Plate . A , dupli- cate license, license decal, or license plate may be issued. by the City Clerk to replace any license, license decal, or license plate previously issued. hereunder which has been lost or destroyed. upon the licensee filing statement of such fact, and. at the time of filing such statement, paying the City Clerk a fee of One Dollar and. Fifty Cents ($1.50) . (7663 �383 1605-9/70) S . 2112.4.2 Posting and Keeping Licenses . All licenses must be kept and posted in the following manner: (a) - Any licensee transacting or carrying on business at a fixed. place of business in the City of Huntington Beach shall keep the license posted in a conspicuous place upon the. premises where such business is carried on and. have in or upon the licensee 's business vehicles the license decals or license plates issued. for such vehicles . S . 2112.4.2 (b) BUSINESS LICENSE BUSINESS (b) Any licensee transacting and carrying on business but not operat- ing at a fixed place of business in the City of Huntington Beach shall. keep the license upon his person at all time while trans- acting and carrying on such business and have in or upon each of the licensee 's business vehicles, at the time of operation in this City, the license decal or license plate issued for such vehicles . (766, 838) S . 2112.5 License: Application: Contents . Before any license is issued to any person, unless otherwise provided. in this code, a written application by the applicant shall be made to the City Clerk, upon a form to be secured. from the City Clerk, and which appli- cation shall contain the following information: (a) The exact nature or kind. of business, profession, show, exhibition, game, occupation or enterprise for which the license is requested . (b) The place where such business, profession, show, exhibition, game, occupation or enterprise is to be carried on, and. if the same is not to be carried on at any permanent place of business , the places of residence of the owners of the same . (c) Any further information which the City Clerk may require to enable him to issue the type of license applied for. (d) In the event that application is mad.e for the issuance of a license to a person doing business und.er a fictitious name, the application shall set forth the names and place of residence of those owning said business, profession, show, exhibition, game, occupation or enterprise . (766) S . 2112.5.1 License: Contents . All licenses, unless otherwise pro- vided in this code, shall be prepared. and. issued. by the City Clerk upon payment to the City Collector the sum required. to be paid. hereunder. Each license so issued shall state upon the face thereof the following: (a) The persons to whom the same is issued . (b) The kind. of business, profession, shows , exhibition, game, occupa- tion, or enterprise licensed, and. the location of the same . (c) The amount paid therefor. (d.) The date of expiration of such license . In no case shall any mistake of the City Clerk in stating the amount of a license prevent or prejudice the collection by the City of what should be actually due from any person carrying on any business, pro- fession, show, exhibition, game, occupation or enterprise subject to a license under the provisions of this Chapter. (766) &USINESS BUSINESS LICENSE S . 2112. 5 . 2 S . 2112.. 52 Affidavit : Statement of "Avery e_Number of Employees ." in all cases where the license is based upon the Average Number of Employees , the licensee shall submit to the City Clerk for guidance in ascertaining the amount of the license tax to be paid by the licensee , a written statement upon a form to be provides' by the City Clerk, written . under penalty of perjury, or sworn to beforE a person authorized to ad- minister oaths , setting forth such information concerning the licensee 's business during the preceding year as may be required by the said City Clerk to be able to ascertain the amount of the license tax to be paid by said licensee pursuant to the provisions of this Ordinance :. (766) S 2112 . 5.. 3 Statements Not Conclusive_. No statements shall he conclu siW as to the matters set forth therein, not shall the filing of the same preclude the City of Huntington Beach from collecting by appropriate .action such sum as is actually due and payable hereunder . Such statement and each of the several items therein contained shall be subject to audit and verification by the City Clerk, his deputies , or authorized employees of the City, who are required to firmly establish the average number of employees for the preceding year, of any licensee or applicant for license , as may be necessary in their, judgement to verify or ascertain the amount of license fee due . All licensee ' s applicants for license , and persons engaged in business in the City of Huntington Beach are hereby required to permit an examin- ation of such books and records for the purposes aforesaid., The information furnished or secured pursuant to this section or Section 2212 . 5 . 2 of this Ordinance shall be confidential ., Any unauthorized dis - closure or use of such information by any officer or employee of the. City of Huntington Beach shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this Ordinance, in addition to any other penalties provided by law. (766) S . 21.12. 5.4 Failure to File Statement or Corrected Statement . If any person fails to file any required statement within the time prescribed or if after demand therefor made by the City Clerk he fails to file a corrected statement , the City Clerk may determine the amount of license tax due from such person by means of such information as he may he able to obtain . If such determination is made the City Clerk shall give a notice of the amount so assessed by serving it personally or by depositing it in the United State Post Office at Huntington Beach, California, postage pre... paid , addressed to the person so assessed at his last known address ., Such person may, within fifteen ( 15) days after the mailing or service Of such notice make application in writing to the City Clerk for a hearing on the amount of the license tax . If such application is made , the City Clerk shall cause the matter to be set for hearing within fifteen (15) days before the City Council . The City Clerk shall give at. least ten ( 10) days notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment .. The Citv Council shall consider all evidence produced, and shall make find- ings thereon, which shall be final Notice of such findings shall be served upon the applicant in the manner prescribed above for service of notices of assessments . (766) 5/25/73 S. 2112.5.5 BUSINESS LICENSE BUSINESS S. 2112.5.5 Appeal. Any person aggrieved by any decisions of the City Clerk with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal with the City Clerk. The City Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Huntington Beach, California, postage prepaid, addressed to such person at his last known address. The City Council shall have authority to determine all questions raised on such appeal. No such deter- mination shall conflict with any substantive provisions of this Ordinance. (766) S. 2112.5.6 Additional Power of City Clerk. In addition to all other power conferred upon .the City Clerk he shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued, and shall have the further power, with the consent of the City Council, to compromise and claim as to amount of license tax due. (766) S. 2112.6 Enforcement. The Director of Finance is hereby charged with the administration and enforcement of each and every provision contained in this chapter, and wherever in this chapter the term "City Clerk" appears, it shall mean the Director of Finance, except that any appeal shall be taken pursuant to provisions set out in Section 2112.5.5 hereof. The License Supervisor and Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance or the City Council. The License Supervisor, in the exercise of the duties imposed upon him hereunder, shall examine or cause to be examined all places of business in the City of Huntington Beach to ascertain whether the provisions of this chapter have been complied with: The Director of Finance, the License Supervisor and his inspectors, and any police officer shall have the power and authority to enter, free of charge at any reasonable time, any place of business required to be licensed herein, and demand exhibition of its license certificate. Any person having such license certificate theretofore issued, in his possession or under his control, who willfully fails to exhibit same on demand, shall be guilty of a misdemeanor and subject to the penalties provided by this chapter. It shall be the duty of the Director of Finance, or his representatives., to cause a complaint to be filed against any and all persons found in violation of any of the provisions set forth herein. (1842 - 5/73) BUSINESS BUSINESS LICENSE S. 2LV.. S. 2112.7 Revocation: Suspension. (a) Revocation for Law Violation. Any licensee who shall permit the violatifon. oT the ci y or finance or state laws or of the laws of the United States of America within his licensed establishment shall be Aubject to having his license suspended or permanently revoked by the Council. (b) Motion Com laint : Proof. Any license issued hereunder may be revoked y the Council upon its own motion or upon the verified complaint of .any citizen or resident of this City upon proof being made to the satisfaction of the City Council that thelicensee is conducting the business licensed in such a manner as to be detrimental to the public heal:th, nDrals or safety of the general public,, (c ) Hearing:��Notice. No such license shall be revoked except upon as hearing by the Council, of which hearing the Licensee shall have: had not less than (10) days notice. Such notice, written, ,and served upon the licensee -either personally or by certified mail, with return receipt requested, (and when by certified mail, deposited in the United States Post Office at this city . . not less than ten (10) days before the date of the hearing, addressed to the Licensee at the place for which the license was issued, with postage paid thereon) shall be sufficient notice. (d) Hearin&. At such hearing, the licensee shall be entitled to be represented by Counsel., and shall be given full opportunity to show cause why his license shall not be revoked. (838, 904) S. 2112.8° License Tax a Debt. The amount of any license tax. and P;nalfy imposed by the provisions of this ordinance shall be deemed a. debt to the City of Huntington Beach. An action may b'e commenced in the name of said City in any court of competent juris- diction for the amount of any delinquent license tax and penalties. (766, 904) S. 2112.8.1 Remedies Cumulative. All remedies prescribed hereunder s al a F:umu a ive and the use of one or more remedies by the City. of Huntington Beach shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (766,904) 5. 2112.8.22 Penalty for Violation. Any person violating any of the provisions of tKTs ordinance or knowingly or intentionalli. Misrepresenting to any officer or employee of this city any material fact in procuring the license or permit herein provided for , shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable. by a fine of no more than $500.00 or by imprisonment in the .City jail for a period of not more than six (6) months, or by both such fine and imprisonment. (766, 904) 1/17/74 S . 2112.8.3 BUSINESS LICENSE BUSINESS S. 2112.8.3 DEPOSIT OF LICENSE FEES. REPORT AND RECORD. All fees, penalties and other moneys received by the City Collector pursuant to the provisions of this Chapter shall be deposited with the City Treasurer and to the General Fund of this City upon the business day next following the receipt of the same. On or before the first day of each and every month the City Collector shall deliver unto the City Clerk of this City a full statement of all licenses issued by him during the immediate preceding month, the names of all licensee, and the amount of fees, penalties and other moneys collected on each license. The City Clerk shall keep full, adequate and accurate records pertaining to the issuance of licenses under this Chapter. (766) S. 2112.8.4 ZONING AND OTHER REGULATIONS. No license shall be issued to any person until. a use permit, administrative review, design review, conditional exception, division of land, or other approval required by. the zoning provisions of. this code has been procured and all provisions pertaining to regulation of any trade, business or occupation have been complied with. (1888-12/73) S. 2112:9 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision. shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one -or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. (766, 904) S. 2113 EXEMPTIONS. Nothing in this Ordinance shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed. (766) S. 2113. 1 INTERSTATE COMMERCE. None of the license taxes provided for by this Ordinance shall be so applied as to occasion an undue burden upon interstate commerce. . In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the City Clerk for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to. such commerce. Such application may be made before, at, or within six months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the average number of employees or estimated average number of employees and such other information .as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Clerk shall then conduct an investi- gation, and after having first obtained the written approval of the City Attorney, subject to the. approval of the City _Council, shall fix as the license tax for the applicant, an amount that is reasonable and non-discriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. . In fixing the license tax to be charged, the City Clerk shall have the power to base the license tax upon the average number of employees or any other measure which will assure that the license tax assessed shall be uniform with that assessed on business of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this Ordinance. Should the City Clerk determine the average number of employees measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business. in the. City of Huntington Beach or at the end of each three- month period, a sworn statement of the average number of employees and pay the amount BUSINESS. BUSINESS LICENSE S. 2113.2 of license tax ,therefor, -provided that no additional license. .tax during any one calendar year shall be required after the license shall have paid an amount equal to the annual license tax as prescribed. in this Ordinance. Any person claiming an exemption pursuant to this section shall file a verified statement with the City Clerk stating the facts upon which exemption is claimed. The City Clerk shall, upon a. proper showing contained in the verified statement, subject to approval of the City Council, issue a license to such person claiming exemption under this section without payment to the City of the license tax required by this Ordinance. The .City Clerk, after giving notice and a reasonable opportunity for hearing to a license., as provided for in Section 2112.5.5 and 2112.5.6, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. (766) - S. 2113.2 CHARITABLE AND NON-PROFIT ORGANIZATIONS. As used in this Ordinance,. Charitable and non-profit organizations shall include only religious, charitable, fraternal, educational, military, State, County or municipal organizations or associations. The provisions of this Ordinance shall not be deemed or construed to require the payment of a license tax to conduct, manage, or carry on any business,. occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, nor. shall any license tax be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the City whenever the receipts of any such entertainment,. concert, exhibition; or lecture are to be appropriated at any church or school or to any religious or benev- olent purpose; nor shall any license tax be required for the conducting of any enter- tainment, dance, concert, exhibition, or lecture by a religious, charitable, fraternal, educational, military, State, County, or municipal organizations or associations, or lecture areto be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or in- directly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association form complying with any of the . provisions of. this code requiring a permit from the City Council or any commission or . officer to conduct, manage or carry on any profession, trade, calling or occupation. (766) The waiver :of any fees under this section shall be accomplished by the City Administrator or his authorized representative affixing his written approval to the license application upon proof to his satisfaction that the conditions of this section have been satisfied. (1224) 1/17/74 S. 2113.3 BUSINESS LICENSE BUSINESS S; 2113. 3 Disabled Veterans. Every honorably discharged soldier , sai or or marine of the United States, who is physically unable to obtain his livelihood by means of manual labor and who ts 'a qualified voter of the State of. California, shall have the right to hawk , peddle and vend any goods; wares or merchandise owned by him, except spirituous , malt , vinous or other intoxicating beverages , with- out the payment of license .fee, subject , however, to the restrictions , limitations , regulations , and conditAons hereinafter set forth. 1. Every applicant must comply with the following requirements before a license may be issued under the provision of this section: (a) Every applicant must furnish a certificate of physical dis- ability executed by a, qualified surgeon of the United States Navy, Army , Marines , Air Force, or U. S. Public. Health Service, a certificate of honorable discharge from the United States Navy, Army, Marines , Air Force, - or U. S. Coast Guard, and a written recommendation from the representatives of the local posts of the American Legion and/or the Veterans of Foreign' Wars. (b) Every applicant must furnish two indentification photographs , one to be attached to the license issued to said applicant , and the other to be attached to the. copy retained by the City Clerk. The applicant must also sign both copies of said license at the time of the issuance --thereof. 2. A license when issued is subject to the following conditions : (a) It is non-transferrable and for the exclusive use of the licensee named. (b) Applicant' s i.ndenti.fication photograph must be attached to said license at all times, and failure to comply herewith is grounds for revocation of said license and for refusing its renewal. or the issuance of a new license thereafter. (c) Should a license be found in the possession of one other than the licensee named, it shall be surrendered up to the City Clerk and cancelled, and neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section. (d) The licensee named must identify himself by his signature when- ever required to do so by the police officer or City Clerk or his authorized deputies. (e) Whenever the licensee uses any wagon, cart , tray, basket or- other vehicle or receptacle in vending any such goods , wares or merchandise, said license shall be carried in a license holder attached to said vehicle or receptacle in plain view. (f) Every license issued under the provisions of this section shall expire thirty (30) days from and after the date of issuance r and a new license may theeafter be issued pursuant. to the provisions of this section. BUSINESS BUSINESS LICENSE S . 2114 3. It shall be unlawful for any person, other than the licensee named; to use or have in his possession any license issued. pursuant to the provisions of this section. 4. It shall be unlawful for any person to purchase or transfer any license issued pursuant to. the provisions of this section, or for any person to transfer or convey the certificates _ mentioned in paragraph 3 (a) above to any other person for the ,purpose of secur- ing a license as herein provided. for. 5. Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00, or by imprison- ment for a period not to exceed. six (6) months, or by both such fine and. imprisonment. (766) S . 2114 RATES . CLASSIFICATIONS "A" "B" "C" AND "D" . Firstthree employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50 Nextnine persons , per employee . . . . . . . . . . . . . . . . . . . . . . . . 3 .75 Next forty persons, per employee . . . . . . . . . . . . . . . . . . . . . . . 2 .25 All other employees in excess of 40 per employee . . . . . . . 1.50 The minimum license in each classification shall be $37.50 per year. In any case where a licensee or an applicant for a license believes that his individual business is not assigned .to the proper classifica= tion under this section because of circumstances peculiar to it, he may apply to the City Clerk for reclassification. Such application shall contain such information as the City Clerk may d.eem necessary and require in order to determine whether the applicant ' s individual business is properly classified . The City Clerk shall then conduct. an investigation, following which he shall assign the applicant 's individual business to the classification shown to be proper on the basis of such investigation. The City Clerk shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serv- ing it personally or by depositing it in the United States Post Office at Huntington Beach, California, postage prepaid, addressed to the applicant at his last known address . Such applicant may, within fifteen (15) days after the mailing or serving of such notice, make written request to the City Clerk for a hearing on his application for reclassification. If such request is made within the time pre- scribed, the City Clerk shall cause the matter to be set for hearing before the City Council within fifteen (15) days . The City Clerk shall give the applicant at least ten (10) . days notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken in the application for reclassification. The City Council shall consider all evidence and its findings thereon Shall be final. Written notice of such findings shall be served upon the appli- cant in the manner prescribed. above for serving notice of the action taken on the application for reclassification. (766, 904, 1605-9/70) S. 2114.1 BUSINESS LICENSE BUSINESS S. 2114.1 License Tax: "Average Number of Em to ees.. " Every person descr1bed in the following classi ica ions who engage in business within the City of Huntington Beach shall pay a license tax based upon the "Average Number of Employees" at the rates hereinafter set forth: CLASSIFICATION "A" Abstractor of Titles Electrical Engineer Accountant Electrologist Accounting Service Employment Agency or Bureau Advertising Agent Fine Arts or Music School Agricultural Advisor or Counselor Geologist Appraiser Herbalist Aquarian Chirothessian Industrial Relations Consultant Architect Insurance Adjuster Assayer Interior Decorator Attorney-at-Law Investment Counselor Auctioneer;, Labor Relations Consultant Auditor Landscape .Architect Bacteriologist Lapidary Bail Bond Broker Mechanical Engineer Barber Shop Mortician Beauty Shop Naturopath Business Management Oculist Consultant Optician Certified Public Accountant Optometrist Chemical Engineer Oral Surgeon Chemist Orchard Care Child Nurseries (4 children or more) Osteopath Physician Chiropodist Physician Chiropractor Physician & Surgeon Civil Engineer Private Home for the Aged Claim Adjuster (4 persons or more) Construction Engineer Real Estate Broker Consulting Engineer Real Estate Office Dancing Academy S.anitiation Engineer Deaters in Stocks, Bonds and Stocks and Bonds Broker other -securities Surgeon Dental Laboratory Surveyor Dentist Taxidermist Designer Trade or Business School Detective Tree Removing Detective Agency Tree Surgery Draftsman Tree Trimming Drugless Practitioner Veterinarian and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this ordinance will be classified "in the above category: BUSINESS BUSINESS LICENSE S . 2114.2 CLASSIFICATIONS CLASSIFICATION "A" Classification "A" as set forth in Section 2114 . 1. CLASSIFICATION "B" Any person who is licensed. as a Contractor or who is defined as a Con- tractor in subsection (f) , (g) , or (h) of Section 2111.7 of this ordi- nance: provided, that license for Contractors not maintaining a fixed place of business in the City of Huntington Beach may, at the option of applicant for such license, be based upon. the flat-rate fees pre- scribed in Section 2114.2 of this ordinance . CLASSIFICATION "C" Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying, or selling at wholesale any goods , wares, merchandise or produce, comes under this classification. CLASSIFICATION "D" Any person conducting, managing or carrying on the business consisting mainly of selling at retail any good.s, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this Chapter comes under this classification. S . 2114.2 License Tax: Flat Rate . Every person transacting and carrying on the business herein enumerated shall pay a license tax as hereinafter set forth. The tax and. the duration of the license shall be annual, quarterly, monthly, weekly, or daily as indicated in this section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and. the letter "WI shall indicate weekly fee, all amounts shown are in dollars.. (766, 904) S . 2114.2 . 1 Advertising. By distributing samples or handbills , pro- vided that this subsection shall not apply to any person,' employee, agent, or representative of any person who already has a . , city license as provided elsewhere in this chapter. . . . . . . . . . . .$37.50'. A.. By sign or bill posting, sign erection or installation, or any form of outdoor advertising as defined. in Article 976 of the Huntington Beach Ordinance Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .$75 .00 .A By vehicle containing amplifier, phonograph, loudspeakers, etc: Foreach vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 A Or at the option of the licensee, for each vehicle . . . . . . . . 115.00 D i (16o4-9/70) S . 2114.2 .2 BUSINESS LICENSE BUSINESS If any such vehicle is used by a city licensee to advertise solely his own licensed business and such vehicle is regularly registered and licensed by the State to such licensee, then the fee for each such vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22.50 A Or at the option of the licensee, for each such vehicle . . . . . . .$ 7.50 D By means of steropticon, biograph, moving pictures, or similar device (not moving picture theaters) , used outdoors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$187.50 A Or, used indoors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75 .00 A (766, 838, goo, 16o4-9/7o) S . 2114.2.2 Amusements . For any amusement center room, business, or parlor containing pool tables and/or billiard tables, and/or bowling alleys, for each such table or alley with a minimum fee of $150.00 per annum. . .$ 22.50 A Before the license .indicated in this section can be issued the applicant must obtain a permit from the City Council in accordance with the provisions of Article 533 of the Huntington Beach Ordinance Code . Boxing or wrestling exhibitions - per exhibition. . . . . . . . . . . . . .$ 22.50 Carnival, tent show or open-air show or in hall or building constructed for theatrical purposes . . . . . . . . . . . . . . . . . . 150.00 D In addition, for five concessions or less . . . . . . . . . . . . . . . . 30.00 D In ad.d.ition, for each concession, in excess of five . . . .. . 6.00 D Juke box, phonograph or motion picture device operated by insertion of coin, per machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22.50 A Skating Rinks: See Section 2114.2.22 (The owner of the business wherein the machine is located shall be held responsible for the full amount of the license fee if the owner of the machine has not paid the fee when due and payable . ) (766, 904, 16o4-9/7o) S . 2114.2.3 Auctioneer. For the business of auctioneer. . . . .$ 37.50 D (766, 90 _ 1604-9/70) S . 2114.2.4 Bankrupt Sale . For the conducting, managing, or carrying on the business of selling, offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person. . . . . . . . . . . .$ 22 .50 D (766, 9o4, 16o4-9/70) S . 2114.2.5 Bath. For every person conducting, managing or carrying on the business of giving steam baths, electric light baths, shower baths , electric tub baths, sponge baths, or operating any public bath which maintains in connection therewith, a steam room, plunge, bath or sleeping accommoda- tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75.00 A (766, 904, 1604-9/70) BUSINESS BUSINESS LICENSE S . 2114.2.E S . 2114.2.6 Circus . With seating capacity under 4,000 - first day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 .00 D Each additional day. . . . . . . 150.60 D With seating capacity ,over*4,000 first day. . . . . . . . . . . . . . . . . . . 300.00 D Each additional day. . . $150.00 D For every sideshow in conjunction with a circus . . . . . . . . . . . . . . 15.00 D For ever concession in conjunction with a circus . . . . . . . . . . . . 7.50 D (766, 9o4, 16o4-9/7o) S . 2114.2.7 Contractors . Every person engaging in business in this city as a contractor, as defined in subsections M , (g) and (h) of Section 2111.7 of this chapter, who does not engage in such business from a fixed place of business within this city, and who elects to exercise the option provided for in Section 2114. 1 of this chapter, . shall pay_ a license fee as indicated herein: General engineering and/or general building contractor. . . . . . . 105.00 A S ecialty, subcontractor, or other. . . . . . . . . . . . . . . . . . . . . . . . . . . 52.50 A ( 38, 9o4, 1604-9/70) S . 2114.2.8 Dancing Teacher. Every person enegaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing is given. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30.00 A (16o4-9/7o) S . 2114.2. 10 House ��Mov��in.E�. House moving or wrecking of buildings and./or structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75.00 A (766, 9043 1604-9/70) S . 2114.2.11 House Moving Bond . Every person desiring to engage in the business of housemoving or wrecking of buildings and/or structures , shall before receiving a license for said business execute and. deliver to the City Clerk the bond required by Section 2112 .2.3 and 2112.2.4 in the sum of $5,000.00. (766, 9o4) S . 2114.2.12 Junk Collector. For every person conducting managing or carrying on the business of junk collector. . . . . . . . . . . . . . . • . . 150.00 A or, at the option of the licensee . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 D (For the purpose of this subsection, a junk collector is defined to be any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail, rags , bottles, papers , cans, metal or other articles of junk. ) (766, 904, 1604-9/70) S . 2114.2.13 Junk Dealer and. Auto Wrecking . For every person conducting3 managing or carrying on the business of junk dealer or auto wrecker. . . . . . . . . . . . . . . . : .$150.00 A (For the purpose of this section an auto wrecker is defined to be and construed to mean and include any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles . or dis- assembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of .reconditioning any other vehicle, or for the purpose of sellin or otherwise dealing in the materials of such vehicle or vehicles . ) 766, 904, 1604-9/70) S . 2114.2. 14 BUSINESS LICENSE BUSINESS S . 2114.2. 14 Music or Fine Arts Teacher. Every person engaged in the profession of teaching music, dramatics, art, designing, dressmaking, mechanics, or any other trade or fine art who has no regularly established place of business where such teaching iscarried on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37 .50 A /766, 904, 1604-9/70) . 2114 .2 . 15 Office Building. For every person conducting, man- aging, or carrying on the business of operating an office building, for each office therein $ 3 .00 A (1604-9/70) S . 2111- .2 . 15 . 1 ' Oil Business . Nonproduction. Every person conduct- ing, managing, carrying on, or engaging in, from a fixed place of business in the City of Huntington Beach, the business or acti�rity of oil well, injection well, or water-source-well dril- ling or servicing operation, or refining oil or petroleum products and producing the byproducts , or marketing, selling, distributing at wholesale, oil or any petroleum products, or byproducts, or main- taining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a lic- ense tax in accordance with Section 2114 of this chapter. Nothing in this section shall be deemed to apply or relate to actual oil or gas production operations . (1652-8/71) S . 2114.2. 16 Outdoor Theaters . For every person conducting, man- aging or carrying on an outdoor theater where moving or motion pictures are exhibited: Number of Stalls Fee Per Annum Firs 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 All over 500 . . . . . . . . . . . . . . . . . . (per stall) . . . .45 A separate license shall be obtained for snack bars , food stands and other concessions . (766, 904, 1604-9/70) S . 2114.2 . 17 Pawnbroker. For the purpose of this section the term pawnbroker" shall include every person con- ducting, managing, or carrying on the business of loaning money either for himself or for any other person, upon any personal prop- erty, personal security, or purchasing personal property and resel- ling or agreeing to resell such property to the vendor or other assign- ee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the loaning of money or personal property or per- sonal security by any bank authorized to do so under the laws of the State or of the United States — (766, 904, 1604-9/70) . . . . . . . . $450.00 A S . 2114.2 . 18 Peddler. Peddlers of flags, banners , balloons, cones, horns, kites, noise-making instruments , toys , notions, souvenirs , or similar goods or novelties of any description other than from a stand, tent, wagon or other vehicle . . . . . . . . . . . . . . . . . . $ 7 . 50 D Byvehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60. 00 A Peddlers of any article or commodity not mentioned in this section , including every person, firm, or corporation conducting the busines of selling and delivering any goods for human consumption directly to the consumer thereof, by means of a regular system of delivery BUS Ir ',TES 2 BUSTNESS LICENSE S . 2114 .2 .19 vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering vehicles , from place to place, within this city . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . 5 .00 D P10 -00 A. . Pr-ovided, however, that :issuance of a 1-1-tense to airy person , Ci rm or corporation under this section shall not be construed to permit ' violation by such person, firm or corporation of Article 553 of the Huntington Beach Ordinance Code . - The license tax prescribed by this section shall cover one person and in the case of route peddlers, one vehicle only and an addit- ional like fee shall be paid for each additional such person or vehicle. so engaged . Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Section 4o48, 4048. 1, 4o48.2 and 4048.3 of the Huntington Beach Ordinance Code and with the provisions of subsections lb, 2a, b, c, d, e f, 3, 4 and 5 of Section 2113 .2 of this chapter. (766, 838, 90�+, 1605-9/70) S . 2114.2. 19 Public Dance Hall. Public Dance and. Dinner Dancing Place . Every person conducting, mana ing or operating a public dance hall or dinner place . . . . . . . . . . . . . . 300.00 A Every person conducting, managing or operating a public dance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .per dance . . . . . . . . . . . . $ 22 . 50 For the . purpose of this section, certain words and phrases shall be construed as hereinafter set forth: A. Public Dance Hall is a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week. B . Public Dance is a dance open to the public for an admittance fee or charge, which is held on one day only. C . Dinner Dancing Place is a place where music is provided and the public is permitted to dance without payment of a fee . (766,904, 1604-9/70) S . 2114.2 .20 Public Utilities . Any public utility operating in the city under a franchise or franchises from the city, or applicable therein; and which makes franchise payments thereunder is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the fran- chise in the city. (766, goo, 16o4-9/70) S . 2114.2 .21 Rooming House, Apartment House, Motel, Bungalow or Auto Court. For every person conducting, managing, or carrying on the business of operating an apartment house, rooming house, motel, bungalow court, or auto court consisting of three ' or more rental units: per unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6 .00 S . 2114.2 .22 Skating Rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosureor park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 A (7665 904, 1604-9/70) 6/10/74 S. 2114.2.23 BUSINESS LICENSE BUSINESS S . 2114.2. 23 Small Stands and Businesses - TemEorary and Permanent. Every person, not having a regularly established place of business in this city, who sells or offers for sale goods or articles of any description in his possession, or services , at, on or from a stand upon any public street, alley, or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall pay a fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50 A or, at the option ofthelicensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 D (766, 9o4, 16o4-9/70) S . 2114.2.24 Solicitor or Canvasser. For every person con- ducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.00 D (Prior to the issuance of any license under this section each apppli- cant shall comply with the provisions of Sections 4048, 4048. 1, 4048.2 and 4048. 3 of the Huntington Beach Ordinance Code and with the pro- visions of subsections lb, 2a, b, c, d, e, f, 3, 4, and. 5 of Section 2113. 2 of this chapter. This section shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and who has a license in the city as provided elsewhere by this chapter, or who takes orders only from businesses licensed under this chapter. ) (766, 838, 9o4, 16o4-9/70) -Avow S . 2114.2.25 Same . On Streets , for Hotels, Etc . For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, alley or other public place, for any hotel, inn, rooming house, lodging house, apartment house, restaurant, dining room or house or place where meals or board. or lodging are furnished for compensation. . . . . .$ 75.00 A (766, 9o4, 16o4-9/70) S . 2114.2.26 St�ockXard Auction. For every person conduct- ni g, managing or carrying on any stockyard, sales, stable or corral where horses , cattle, goats , sheep, mules and other livestock are bought, sold or exchanged at public auction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150.00 A (1604-9/70) S . 2114.2 .27 Trailer Parks . For every person conducting, managing or carrying on the business of trailer park or mobile home park, Seventy-Five Dollars ($75.00) annually for the first twenty- five (25) trailer spaces and Two Dollars and Twenty-Five Cents ($2.25) for each additional trailer space . (766, 838, 9o4, 16o4-9/70) BUS I NEPSS BUSINESS LICENSE S . 21:14.2.28 S . 2114.2.28 Transportation, Trucking and Hauling. Every pe:►•son engaged in the business , in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods , wares , merchandise, pro- ducts of any nature , rasa materials, pipe or castings , tanks or machinery or tools of any description, when said person has an established place of business within the city, shall pay an annual license fee in accord- ance with the following schedule for each and every motor vehicle .so used or operated in excess of one vehicle . For vehicles with a manufacturer's rated capacity of under 1 ton. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7.50 A For vehicles with a manufacturer's rated capacity of under 3 tons, but 1 ton or over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22.50 A For vehicles with a manufacturer's capacity of 3 tons orover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30.00 A (766, 838, 9o4, 16o4-9/70) S . 2114.2.29 Same . Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, and who uses the public streets or highways of this city for the purpose of such use or operation for the delivery or transportation of any goods , wares , merchandise, pro- ducts of any nature, raw materials , waste materials , pipe or casting, tanks, machinery or tools of any description or in connection with rendering services for fees , when said person does not have an establishe place of business within this city, shall pay an annual license fee of Thirty Seven Dollars and Fifty Cents ($37.50) for each and. every vehicle so used or operated other than those vehicles described in Section 2114.2.30. (766, 838, 9o4 , 16o4-9/70) Exemptions and Exceptions: No fee hereunder shall be required for the operation of any motor vehicle or equipment along the streets of this city if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional, if trips or hauls are made beginning or ending at points within this city upon an average of more than thirteen (13) in any quarter of the year. More than thirteen (13) such trips or hauls within any quarter shall be deemed doing business within this city. A business shall be deemed conducted within this city if an office or agency is maintained here or if transportation business is solicited here . S . 2114.2. 30 Same . All Others . Every person engaged in the business, in whole or in part, of using or operating motor vehicle: for the transportation, hauling or delivery or removal of crude oil, petroleum products or petroleum by-products in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any descripticn, or any . other articles of commodity not otherwise classified in Section 2114.2.2E and Section 2114.2.29, who uses the public streets or highways of this city for the purpose of such use or operation, who is not required to pay the license or fees as set forth in Section 2114.2.28 and Section 2114.2.29 of this chapter shall pay an annual license fee based upon each motor vehicle so used or operated as follows: S . 2114.2 .31 BUSINESS LICENSE BUS IN]sSS Dump Trucks: For each vehicle with single rear axle . . . . . . . . . . . . . . . : : 15 .00 A For each vehicle with dual rear axles . . . . . . . . . . . . . . . . 18.00 A Tangy. Truck or Tank Wagon: Semi-tractor and front trailer considered as one tank truck or tank wagon) . For each tank truck or tank wagon. . . . . . . . . . . . . . . . . . . . . 60.00 A For each ad.ditional tank truck, wagon or trailer. . . . . . . 6.00 A (766, 838, goo, 16o4-9/70) S . 2114.2.31 Truck Rental or Leasing . Every person conducting, managing, or carrying on the business of renting or leasing the use of any truck or motor propelled vehicle for the trans- portation of materials, commodities, or products, or the transportation of any other object, to be driven by the person or employees or other representative of the person hiring the same at rates per mile, per trip, per hour, per day, per week, per month, per year or any greater period of time, and the truck or vehicle is under the directional con- trol of the person hiring the same, shall pay an annual license fee of Thirty Seven Dollars and. Fifty Cents ($37.50) plus Fifteen Dollars ($15.00) for each truck or vehicle over one used in the business . In the case of persons operating trucks or vehicles in this city, within the meaning of Section 2114.2.29 and./or Section 2114.2.30, when such truck or vehicle has been rented from a truck rental business or agency, the person having rented or hired such truck or vehicle shall pay the license fee prescribed in Section 2114.2.29 or Section 2114.2.30, which- ever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an ad.d.itional fee for each such truck or vehicle so rented or leased over one used in the business . (766, 838, g04, 1604-9/70) S . 2114.2 .32 Passenger Vehicle Rental or Leasing. Every person con- ducting, managing or carrying on the business of renting or leasing the use of any motor propelled vehicle for the transportation of persons to be driven by the person or employee or other representa- tive of the person hiring, renting or leasing the same at rates per mile, per trip, per hour, per month, per year, or any greater period of time, and. where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of Thirty- Seven Dollars and Fifty Cents ($37.50) plus Seven Dollars and Fifty Cents ($7.50) for each vehicle .over one used in the business: _provided., that where a person conducts, manages, or carries on the rental or leasing of both trucks and passenger vehicles as one and. the same business, from the same place of business, the payment of only one annual license fee of Thirty-Seven Dollars and Fifty Cents ($37 .50) will be required in addition to the prescribed. fees for each vehicle over one used in the business . (766, 904, 1604-9/70) S . 2114.2. 33 Trailer Rentals . Every person conducting, managing or carrying on the business of renting the use of trailers designed. to be attached. to motor propelled vehicles shall pay an annual license fee of One Dollar and. Fifty Cents ((.,$1.50) er wheel for all trailers used in the business . (766, goo, 1604-9/705 BUSINESS BUSINESS LICENSE S . 2114.2. 34 Transportation - Water. Every person engaged in the business, in whole, or in part, of using or operating any boat or barge in connection with the conduct of their business for lhe transportation or accommodation of passengers , whether I'ee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods , wares, merchandise, products of any nature , raw materials , waste materials , pipe or castings , tanks or machinery or tools of any description, shall pay an annual license fee in accordance with the following schedule: For the first vessel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37 .50 A For each and every vessel so used or operated. . in excess of one vessel: Less than 16 feet in length. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 A 16 feet or over but less than 26•feet in length. . . . . . . . . . . . . 15 .00 A 26 feet or over but less than 40 feet in length. . . . . . . . . . . . . 22.50 A 40 feet or over in length. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 A (9o4, 16o4-9/70) S . 2114.2.35 Vending and Bulk-Vending Machines . Every person owning, conducting, transacting, managing, operating or carry- ing on the business of providing, furnishing, letting the use of, dis- tributing, or maintaining any vending machine or bulk-vending machine, as d.efined. in this chapter and not prohibited by law, shall pay an annual license fee in accordance with the following schedule: VENDING MACHINES Foreach service machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3 .00 A All others: For each machine charging .Ol to and. including Mg 4. . . . . . . . 2 .00 A For each machine charging .05 to and including . . . . . . . . 6.00 A For each machine charging .10 and. over. . . . . . . . . . . . . . . . . . . . 12 .00 A For each cigarette-vend.ing machine . . . . . . . . . . . . . . . . . . . . . . . . . . 15 .00 A Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and. provisions hereof. BULK-VENDING MACHINES For each machine charging .Ol to and including .o4. . . . . . . . 2.00 A For each machine charging T .05 to and. including Iog. . . . . . . . 4.00 A For each machine charging .10 or over. . . . . . . . . . . . . . . . . . . . . . 6 .00 A In the event any license fee provided for by this section on any vending or bulk-vending machine, is not paid when due and. payable, the owner of the business on whose business premises such vending or bulk-vending machine is located, shall be jointly and. severally liable to pay the full amount of such license fee . A person having a business license in connection with a fixed place of business in this city is exempt from payment of license fees otherwise required by this section on any vending or bulk-vending machine owned by such person and located in such fixed place of business . (766, 8385 goy+, 1461) S . 2114.2. 36 BUSINESS LICENSE BUSINESS S . 2114.2 .36 Water Companies . For the maximum number of c us towe r-,, at one time during the preceding calendar year. . . . percustomer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ .75 (766, goo, 1604-9/70) S . 2114.2.37 Subdivision of Land.. Any person, partnership, corpora- tion or other entity engaging in the business of sub- dividing land. shall be subject to a business license tax based. on the number of lots or parcels created as shown on each approved. final tract map at the per lot rate of One Hundred. Fifty Dollars ($150.00) . Said tax shall be on the entire business of subdividing including subdividing, improvement, construction and. selling. (988, 1604-9/70) S . 2114.3 Effective Date . The rates set forth in Section 2114 and. all subdivisions thereunder shall be effective as to all new licenses issued. after the effective date of this amend.ment, and with respect to licenses issued before such effective date whose renewal dates occur after such .effective date, the rates set forth in Section 2114 and. all subsections thereof, shall apply on .and. after such renewal dates . (1604-9/70) BUSINESS WINESS LICENSE S. 2150 ARTICLE 215 OIL PRODUCTION BUSINESS LICENSE TAX (1652 - 0/71, 1924-7/74) S-. 2150 OIL BUSINESS, PRODUCTION. LICENSE REQUIRED. It shall be unlawful for any person to conduct, manage, carry on or engage in the business or activity of producing crude oil, gas, petroleum or other hydrocarbon substances or products from any well or wells located in the City of Huntington Beach without first obtaining a license therefor from said city. 2150.1. TERM OF LICENSE. The term of such license shall be one (1) year, commencing on July 1 of each year, beginning with July 1, 1974, except that in the event the effective date of this amendment of this article .is after July 1, .1974, the term of the license for such fiscal year shall commence with the effective date of the amendment of this article and shall continue to June 30, 1975 inclusive, and the base annual fee for the year, and the quarterly payments of such fiscal year shall be adjusted accordingly. 'At the end of the term of any license issued or renewed hereunder, such license shall be of no further force or effect unless renewed as hereinafter provided. 2151. LICENSE FEES REQUIRED. Every person required by this article to have a license shall pay to the City of Huntington Beach the fees hereinafter provided, in the manner hereinafter provided. (a) Prior to the issuance or renewal of such license , a base annual fee of Ninety-six Dollars ($96 ) per well. Such base annual fee shall apply to each well producing oil or gas , or both. A fee of Ninety-six Dollars ($96 ) per well .shall be paid for the period .from and after the effective date of this amendment of this article, through June 30, 1975, with a credit applied thereto of any amount previously paid as the base annual fee due June 30, 1974 . (b ) For the period commencing with the effective date of this amendment and ending June 30, 19.75, and for each succeeding fiscal year, and in addition to the base annual fee, an amount equalling eight cents ($ . 08) per barrel of oil produced. by each well per quarter., less a credit of Twenty-four Dollars ($24 ) per well per quarter. No carry-over of credit shall be permitted. The amount of license fee to be paid under this sub- section for the quarter consisting of July, August and September of 1974 shall be adjusted as provided in Section 2150 . 1 of this article. (8/1/74) S. 2151.1 BUSINESS LICENSE BUSINESS 2151. 1. BASE ANNUAL FEE. WHEN DUE AND DELINQUENT. The . base annual fee, required by this amendment to this article, shall be due and payable on or before July 1 of each fiscal - year. Such base annual fee shall be delinquent on the day following such due date. In the event the effective date of this amendment to this article is after July 1, 1974, the Ninety-six Dollar ($96) base annual fee shall be adjusted as provided in Section 2150. 1 of this article, and shall be due and payable on the effective date of this amendment , and shall be delinquent on the date following such effective date. S. 31.3 Quarterly Payments. When Due. Payment for the quarter consisting of October, November and December shall be due and payable on January 1; Payment for the quarter consisting of January, February and March shall be due and payable on April 1; payment for the quarter consisting of April., May and June shall be due and payable on July 1; and payment for the quarter consisting of June, August and September shall be due and payable on October 1. 1 . S. 2151.5 Quarterly Payments. When Delinquent. All payments for All quarters, as required by this article, shall be delinquent on the thirty--first day after the.day such quarterly payments are due and payable. S. 2152 DEFINITIONS For the purpose of determining the license fee: (a) A well is located within the City of Huntington Beach if the surface location of the well; the surface of the well itself, or if any portion of the well is located within the City of Huntington Beach, irrespective of the subsurface located of the well, the producing interval thereof, or where the hole of the well may be bottomed. (b) A barrell of oil shall consist of forty-two (42) U.S. gallons of crude pet- roleum or hydrocarbon substances corrected for temperat,ire variations in accordance with methods generally approved in the petroleum indust:.y. Petroleum or, hydrocarbon substances means crude oil remaining after the removal therefrom of water or other impurities by preliminary processing in the vicinity of the well site, preparatory to the shipment thereof. (c). If oil produced from two (2) or.more wells shall be commingled without the production of the respective wells being separately measured, each well whose prod- uction has been commingled shall be considered as having produced an equal part of the total. S. 2153 LICENSE RENEWAL. Any license issued under this article shall be renewed annually provided all delinquencies are paid in full and the annual base fee for the renewal term is paid in full prior to such renewal. S. 2153.1 License. Suspension of. The license required under this article shall be automatically suspended on any one or more of the following grounds- (a) Fees required by this article have not paid and are delinquent.. (b) Production statements have not been filed with the city when and as required by Section 2154. (c) Failure to comply with Section 2154.1 of this code. Any suspension of license shall be removed upon compliance with all provisions of this article. BUSINESS BUSINESS LICENSE S.. 2153.3 S2153.3 SuaRgnsion.of License Not Box to Prosecution. The suspension of any license, as herein provided, shall not be a bar to the prosecution of. the holder thereof for a violation of any provision of this article or of any law or ordinance of the state or city. S. 2154 PRODUCTION STATM4EM REQUIRED. Every person required to have a license under this article shall on or.,before the 30th day of January, April, July and October file with the City Clerk a statement setting forth such information as the. City Clerk shall require, including:' (1) the name or other identification of all :oil wells .located' in the city operated by him during any quarter; (2) the number of barrels of oil produced from each of said wells during such quarter; and (3) the com- putation of the an aunt of fee with respect to such production due the city. Said statement shall be signed by the person required to have toe license, or by a managing officer or agent thereof, and shall include a declaration substantially worded as follows: "I. declare under penalty of making a false declaration that I am authorized to make this settlement, and that to.the best .of'my knowledge. and belief it is a true, correct and complete statement made in good faith for the period stated, in compli- ance with the provisions of the Huntington Beach Ordinance Code." Such statement shall not be conclusive against the .City of Huntington Beach, nor shall it be conclusive as to the information set forth therein, nor shall .the . filing of such. statement preclude the City of Huntington Beach from collecting by appropriate action any additional fee that is lager determined to be due and payable. (1652, 1759 7/72) S. 2154.1 Records Required. Every person required to have a license under this article shall keep full, true and accurate recoras as to the .amount of oi_1 or gas produced by him from wells located within the City or Huntington Beach, and shall upon demand _of the City Clerk, or his representative, , ke said records, together with any shipping documents or sales invoices pertaining to such oil and gas available for the inspection of the City Clerk, or his representative, at all reasonable times, S. 2154.3 Exception. Those businesses and activities for -which a fee is required under this article shall be exempt from any other fee required by Chapter 21 of this code. S. 2155 PENALTY FOR DELINQUENCY.. If any fee herein required to be paid to the City of Huntington Beach is not paid before it: becomes one month delinquent, as provided in this article, a penalty in an amount equal to ten percent (10%) of such fee shall be added thereto, and an additional penalty in an amount equal. to ten percent (103%) of such. fee for each one month period during which. such fee continues or remains delinquent shall- be assessed. Such penalties shall .be and become a part of such fee and shall be enforced and collected .as' part. of such fee; provided, however, that the aggregate of such penalties shall not exceed one hundred percent (IWI.) of the amount of the delinquent license fee, (?I52, 1759 - 7/72) S. 21.55.1 Penalty for Violation. Any person violating any •_:f the provisions' (if. this article shall be guilty of a misdemeanor, and shall be deemed guilty of a separate violation for each and every day, .or portion thereof, during . which any violation of any of the provisions of this article i�4 comm-tted, continued. or. permitted. Upon conviction of any such violation, such person shall be punished by a fine of not more than Five Hundred Dollars ($500) or by inipr.i.sunment up to six (6) months or both such find and imprisonment for each such violation. (8/l/74) S. 2156 BUSINESS LICENSE BUSINESS S. 2156 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion. of this article, or any amendments or revisions thereto, or the application thereof to any person, firm, corporation or circumstances., is for any reason held to be invalid or unconstitutional by any decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council of' the City of Huntington Beach hereby declares that it would have adopted this article and each subsection, sentence, clause, phrase or portion thereof, including amendments or revisions thereto, irres- pective of the fact that one or more sections, subsections, sentences, clauses, or phrases or portions be declared invalid or unconstitutional. V BUSINESS CERTIFICATE OF NEED & NECESSITY S . 2211 CHAPTER 22 CERTIFICATE OF -PUBLIC NEED D S ARTICLE 221. AMBULANCE SERVICE 222. PRIVATE PATROL SERVICE ARTICLE 221 'AMBULANCE SERVICE �1 S . 2211 DEFINITIONS : For the purpose of this Article, the following terms shall have the meaning herein given to them: (a.) "Private Ambulance" - The term "Private Ambulance" shall mean every ambulance used for the purpose of serving the public and operated by a person other than a, governmental agency. The term "Ambulance" under this definitions implies a, regularly produced, custom built CD vehicle on a, chassis designed for ambulance use . (b) "Owner" shall mean any and every person, whether individual or corporate, who owns or controls any private ambulance . (c) "Driver" shall mean every person in actual charge and control of a.riy ambulance as a driver thereof. (841) S . 2211. 1 Certificate of Public Need and Necessity Required . No owner shall operate any private ambulance, owned or controlled by such owner in the business of tra,nsporting, at the call of the police or fire departments of this city, ill or injured patients, or shall in any way carry, at the call of the police or fire departments of this city, passengers or patients, unless such owner has previously obtained a, certificate of public need and necessity to do so as provided for in this article . Nothing contained in this article shall be deemed expressly or impliedly to limit the City of Huntington Beach to the granting of an exclusive certificate of public need and necessity to any single owner, operator or operators . Nothing contained in this article shall be deemed to require a. certificate of public need and necessity of any owner of any private ambulance, owned or controlled by such owner in the business of transporting, at the call of any private physician or hospital, ill or injured patients or passengers . (814, 1513) S . 2211.2 CERTIFICATE .OF NEED& NECESSITY BUSINESS S . 2211.2 Application of Owner ' s Certificate of Public Need and Necessity. ny owner desiring to obtain the Certificate of Public Need and Necessity required by this Chapter shall make applica- tion therefor to the City Council, by filing the same with the City Clerk. Each application shall be accompanied by a. policy of insurance in the amount provided for by this Chapter, as well as the Certificate of Public Need and Necessity fee provided for by this Chapter. This application shall be in writing and shall, among other things, set forth the follow- ing: (a) The name, age, business and residence add.ress of the applicant, if a. natural person; or if corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective residence addresses; er if a. partnership, association or unincorporated company, the names of the partners , or of the persons comprising such association or company, and the business and residence of each partner or person. (b) - A description -of each ambulance or other vehicle used by the appli- cant and which vehicles the applicant proposed 'to use, together with the numbers and State Motor Vehicle license number thereon. A left front quarter and right rear quarter picture of each ambulance and the number of Emergency Vehicle Permit issued by the California Highway Patrol. (c) The schedule of rate of fare proposed to be charged for carrying the patients or passengers which applicant proposed to transport. (d ) The applicant shall furnish any and all additional information as the Council may require . (841) S . 2211.2. 1 Fees . No certificate of need and necessity shall be issued or continued in operation unless and until the applicant ha,s paid to the Treasurer of the City of Huntington Beach a, fee of Five Dollars ($5.00) for each ambulance per year. Such fee of Five Dollars ($5.00) for each ambulance per year shall be transferable in any one (1) year in the event of a, trade-in of the ambulance or vehicle involved . (841, 1513) S . 2211.2.2 Owner' s Certificate of Public Need and Necessity and License Not Transferable . No license or Certificate of Public ed and Necessity granted by the Council pursuant to the provisions of this Chapter may be transferred to another. (841) BUSINESS CERTIFICATE OF NEED & NECESSITY S . 2211. 3 S . 2211.3 Business License Required . No person or owner shall operate any private ambulance in this city without first obtaining a business license as provided in Chapter 21 of this code . No certificate of public need and necessity shall be issued under this article until the owner desiring to obtain such certificate of public need and necessity has first obtained such business license for such private ambulance service as required by Chapter 21 of this code . Business license fees shall be paid to city as required by Chapter 21 of this code . (1513) S . 2211.3 . 1 Replacing Vehicle . In the event that any vehicle is replaced by the owner of the private ambulance business, said owner shall immediately inform the City of the manufacturer' s name, the year, the model, the engine and serial numbers, the State Motor Vehicle license number of the new vehicle and of any vehicle having been replaced by such vehicle . (841) S . 2211.3 .2 Driver: Qualifications . No person shall operate or drive any private ambulance within the City or shall assist in the operation of an ambulance unless such person: (a) Is over the age of twenty-one (21) years, provided, however, that any one eighteen (18) years of age or over may assist in the opera- tion of any ambulance if said person is a. student in a, recognized Junior College or College taking a medical or premedical course of study. (b) Is of good moral character and has never been convicted of a, felony. (c) Can speak the English language sufficiently to deal with patients or passengers . (d) Possesses a, valid Cha,uffeur' s License issued by the Department. of Motor Vehicles of the State of California.. (e) Has been fingerprinted, investigated and approved by the Huntington Beach Police Department prior to employment by the owner of the private ambulance service as a driver. (f) Possesses a, current advanced First Aid card or Certificate. (841) S . 2211.4 Change of Rates, Application and Hearing. Should an owner of a. private ambulance service desire to change his schedule of rates, he shall make written application to the Council to do so . Upon receiving such applica,tion,, .the Council shall conduct a. hearing upon the application, and shall give the applicant at least ten ( 10) days written notice of the time and place of such hearing . Upon the hearing, the Council shall determine whether the rates shall be changed and shall have the right to deny the application, or make such changes as the Council determines are warranted by the facts . The decision of the Council upon the hearing shall be final and conclusive. (841) I S . 2211.4.1 CERTIFICATE OF NEED & NECESSITY BUSINESS S . 2211.4.1 Change of Rates . Prohibited without Certificate of Public Need and Necessity. No owner or driver of any private ambulance service licensed under this Chapter shall charge any rate within the City limits of Huntington Beach different from the schedule of rates on file and approved by the Council. (841). S. 2211.5 Revocation of Owner's Certificate of Public Need and Necessity. Manner of. Any Certificate of Public Need anrd Necessity granted pursuant to the provisions of this Article may be revoked by the Council for violation of the provisions of this Chapter or of any ordinance of the City or of any law of the State, or .for the existence of any stated facts which would have been a good reason for denying such Certificate of Public Need and Necessity when applied for, whether these stated facts existed at the time that the application was made for such Certificate of Public Need and Necessity or not. No Certificate of Public Need and'Necessity shall be revoked except in the following manner: (a) The Council shall fix a time and place for the hearing of the issue and the revocation of the Certificate of Public Need and Necessity and shall cause the City Clerk to serve the rermittee with notice of the time and place of hearing, together with a statement of the charges which are the basis for the hearing, at least ten (10) days prior to the time fixed for said hearing. (b) The City Clerk may serve the aforementioned. notice of statement upon the Permittee personally or upon said Permittee by deliver- ing the same by certified United States Mail, postage prep4id, to Permittee at address given in his application for Certificate of Public Need and Necessity. (off The hearing shall be public and the Permittee shall have the right to produce witnesses on his own behalf and to be repre- sented by Counsel. (d) The findings and decision of the Council upon such hearing shall be final and conclusive. . (841) S. 2211.6 Renewal of Owner's Certificate of Public Need and Necessity. In the event that the Certificate of Public Need and Necessity of any person has been revoked by the Council, such person shall not be granted a new Certificate of Public Need and Necessity for a period of six (6) months after the date of such revocation. (841) BUSINESS CERTIFICATE OF -NEED & NECESSITY• S. 2211.7 S. 2211.7 LIABILITY INSURANCE. No owner's Certificate of Public Need and Necessity shall be issued or -continued in. operation_unless- there is in full force and effect a policy of .insurance- in such form as- the- City Administrator may deem proper, executed by an insurance company approved by the City Administrator, whereby the owner and the driver of each of-the vehicles described iri said_Certificate of. Public Need and ,Necessity 'are insured against liability for damage to property and for injury to or -death of any person as a result of the ownership, operation or other use thereof, the minimum liability limits upon such vehicle being not less than: 1. COMBINED SINGLE LIMIT BODILY INJURY AND/OR PROPERTY DAMAGE INCLUDING PRODUCTS LIABILITY: $1,000,000 aggregate. 2. ADDITIONAL INSURED ENDORSEMENT: The- insured agrees that the City of Huntington Beach, and/or members of the Huntington Beach City Council, and/or all City Council-appointed groups, committees, commissions, boards and any other City Council-appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional assureds hereunder. 3. HOLD HARMLESS AGREEMENT: The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense. by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor arising out of or in con- sequence of the performance of all operations covered by this certificate. Such policy of insurance shall contain an endorsement providing that said policy will not be cancelled until notice in writing shall have been given to the City of Huntington Beach, addressed in care of the City Clerk, City Hall, Huntington Beach California, at least thirty (30) days immediately prior to the time such cancellation . shall become effective. (1882-12/73) S. 2211.8 GRANTING CERTIFICATE OF PUBLIC NEED AND NECESSITY. Upon receipt by - the City Clerk of any application referred to in the previous section, the Chief of Police shall conduct an investigation of the applicant and on the basis of his investigation shall, within thirty (30) days of the receipt of said application, recommend to the Council approval or rejection of the application. The Council may therafter grant the application for a Certificate of Public Need and Necessity if it shall find: (a) That the requisite policies of insurance as required by this Chapter have been furnished and the same is in the form required and further, that the surety thereon is approved by the City Administrator. (b) That each private ambulance described therein is adequate and safe for the pur- pose for which it is to be used, is not over ten (10) years of age and that it is equipped as required herein and by the requirements of the California Vehicle Code and California Highway Patrol. (c) That the applicant is of good moral character, and has compiled with all of the terms and conditions of this Chapter. (d) That the public convenience or necessity require the operation of such private ambulance service or business within the confines of the City of Huntington Beach. (e) That the proposed schedule of rates to be charged are fair and reasonable. The granting of such Certificate of Public Need and Necessity shall constitute the approval of the City Council of the proposed Schedule of rates. (841) 1 /10/ALL S. 2211.9 CERTIFICATE OF NEED & NECESSITY BUSINESS S. '2211.9 Inactive Certificates. Notice and Hearing. All bus- iness, services and operations which are required to v obtain certificates of public- need and necessity shall be deemed inactive and the certificate of public need and necessity shall be subject to revocation in accordance with the procedures set -forth in this section, whenever said business, operation or service has ceased to function for a six-month period. No certificate of need and necessity shall be revoked pursuant to this section without a hearing before the City Council duly noticed by giving ten (10) days notice by certified mail to the holder thereof. At such hearing, the holder shall have the burden of showing good cause why the certificate should not be revoked. From and after revocation of certificate, pursuant to this section, it shall be unlawful to operate or conduct business or services with- out obtaining another certificate of public need .and necessity. (1688 - 12/71) i BUSINESS CERTIFICATE OF NEED & NECESSITY S . 2221 ARTICLE 222 PRIVATE PATROL SERVICE (766 , 848) S . 2221 Definitions : (a) "Private Patrol Service" means that activity or business carried on by a. person who purports to furnish, or who does furnish, or who otherwise makes available to another, any watchman, guard., or other individual, either uniformed or . otherwise, to patrol any portion of the City of Huntington Beach, or to guard or. watch . . .any property, including .guarding against theft, : f.ire or .bo_ _th, .or to act as escort for a funeral. procession, or to guard -the transportation and delivery of money or other personal --property, or to perform any service usually and customarily performed by a peace officer . For the purposes of this Article only, the words "Private Patrol Service" shall also include the exclusive and regular employment of a person by one employer in connection- with the affairs of such employer only, where there exists an employer{ employee relationship and such employee devotes the major portion ; of his hours of employment to. one or more of the activities re- ferred to in this section. - (b) "Private Patrol Service" does not include the guarding of property of a single owner when such-=propery is-1-- not open -to-.-the public-_ when such guarding= is. done- by one—`or more individuals .whose en- tire salary -or- wage is paid by such owner; .nor does it include service of any nature performed by an employee whose main or principal duty is not that of guarding or protecting , property. (c) "Patrolman" means a person engaged in one or more of the activities referred to in subsection (a) of this section, as the owner, member or employee of a private patrol .service . (848) S . 2222 Certificate of Public Need and Necessity Required. It shall be and it is hereby declared to .be unlawful, for any person- firm, or corporation to operate or conduct any private patrol service in the City of Huntington Beach unless such person, firm, or corporation has previously obtained a Certificate of -Public Need and Necessity to .do so as provided for in .this- Article . (848) S . 2222. 1 Application for Certificate of Public Need and Necessity. Any person, firm, corporation, desiring to obtain a Certificate of Public Need and Necessity -required by this Article shall make application therefor to- the City Council by filing the same with the City Clerk. Each application shall be accompanied, by. a performance bond in the amount - of Two Thousand Five Hundred Dollars ($2, 500. 00) as well as a fee of Five Dollars ($5 . 00) for filing of the said application. Said bond shall be in the same form as required . in Section 2112. 2.4 of the Huntington Beach Ordinance Code . Said ap.plication 'shall be in writing and shall, among other things set forth the following: F . So 2222. 2 CERTIFICATE OF NEED & NECESSITY BUSINESS (a) Name, age , business and residence address of the applicant if a natural person; or if a corporation, its name, date and place of incorporation, address of its place of business and the names and addresses of its principal officers ; or . if a partnership, associa- tion or unincorporated company, the names and residence addresses of the partners or of the persons comprising such association or company, (b) An accurate map of the district, territory or area proposed to be served by the private patrol- service . (c) A description of the methods of operation. (d) A statement in detail as to the public need and necessity for additional private patrol service in the City of Huntington Beach.- . (e) The names- and addresses of.- all private patrolmen who are and will be employed by the private patrol service . (f) A statement as to what offenses , if any, any person(s) mentioned in subsections (a) and (e) hereof, have been convicted. (g) A description of any mobile or'station radio equipment including the frequency assigned by FCC to said radio transmitting equipment, (h) A description of the vehicles , including color, insignia, and special police equipment to be used, (i) One set of three standard size fingerprint cards bearing the fingerprints of each person mentioned in subsections (a) and (e) ; hereof. (j ) One identification photograph of each -.of the persons mentioned in subsections (a) and (e) .hereof o (k) Such other information as maybe required by the City Council or Chief of Police , (848) So 2222. 2 Business License Required, Every person, firm or corpora- tion owning, operating or conducting a private patrol service in this City shall in addition to and after obtaining the fore- going Certificate of Public Need and Necessity, obtain a business license therefor and shall pay to the City the business license fee provided for by Ordinance of this City. No such business license shall be issued by the City to any person until such person is granted a Certificate of Public Need and Necessity by the City Council, (84.8) So 2223 Granting Certificate of Public Need and Necessity. (a) Upon. receipt of an application for a-'Certificate of Public Need and Necessity, the City Clerk shall"immediately refer and forward the application to the Chief of Police who shall investigate the . character, fitness and qualifications of every person whose name appears on such application. Upon completion of said investigation, the Chief of Police shall transmit such application to the City Administrator, together -with -his recommendations that the Certifi- cate be granted or denied, together with his reasons therefore . After study, the City Administrator shall thereupon transmit such application to the City Council together with his recommendations in connection therewith, BUSINESS CERTIFICATE ,OF NEED & NECESSITY So 2224. (b) Upon receipt of .an application for a Certificate of Public ,Need and Necessity to conduct or operate a private patrol service, the City Counci. .after consideration, shall either grant -the same to the full extent requested or-.it shall notify the :applicant that -the Council intends to deny the application or to grant the application, but -permit operations ,of the private patrol service in only a portion of the territory, or by only a part of the 'patrolmen, or ,Yboth, covered by the application. Within five days after such notification, applicant may demand a public hearing. If he does -not. _do s-o, . he shall be deemed to have consented or agreed to such denial or granting of the •Certificate . (c) Within thirty- (30) days after an .applicant for -a Certificate of Public Need and Necessity •to conduct a private patrol service , files with .the City Council a demand fora public hearing, the City Council .shall hold such public hearing and shall serve notice of the time and place thereof, five (5) days prior to the public hearing, upon the City Administrator, Chief of Police , the applicant aad upon every person named as a patrolman in the applicationimhom the City Council intends not to allow to act as such. The mailing of such notice with postage prepaid, addressed to the -applicant and to -those persons named as -private -patrolmen, at the respective addresses specified in the application, shall constitute sufficient -notice of such hearing. Nothing herein shall be construed as limiting the power of the City Council to grant -a. Certificate of Public -Need and Necessity to more than one private patrol service to operate in the same area. (848) S , 2224. No Employment of Unlicensed Patrolmen, It shall be un- lawful--and: it is hereby declared to be a misdemeanor for the owner, operator or manager of a private -patrol service to employ, or -use- the services of, in any way, a private patrolman whose name— not on the Certificate of Public -Need and Necessity issued to such service or agency, or -who does not -possess a valid and subsisting ..licensee (848) S , . 2224 J Private Patrolman's License : .. -Application, (a) Any person desiring a license to �act as a private patrolman and ., . is or will be employed by -a licensed Private Patrol -Service shall - file -an .application with the Chief of Police together with any license fee required by ,any ordinance of the City of Huntington Beach. Such application for .a private patrolman's license shall contain . (1) Name and address of the applicant ; (2) Statement of_--all businesses and occupations engaged in for the past five years - and the names and addresses of not less than three persons also to verify such statements ; (3) A statement of what offenses , if any, the applicant has been convicted, including traffic -violations ; (4) A complete-=.set of fingerprints and an identification photograph of the applicant, taken by the Police Department; (5) A- letter -fr-om the licensee of the private patrol service certifying that such licensee desires to employ such private patrolman -and that there is an existing or comtemplated vacancy authorized under the licensee 's Certificate of Need and Necessitvs Se 2225 CERTIFICATE OF NEED & NECESSITY BUSINESS (6) Such other information as the City Council or Chief of Police may require, (7) The applicant fora private patrolman' s license shall at the time of application pay the sum of Two Dollars ($2„00) in addition to any other fees prescribed by law to defray the expense of -investigation, indentification, and issuance of an indentification card. (b) If the Chief of Police , after investigation, determines that the applicant is a fit -and proper person to perform the duties of a private patrolman he shall issue an identification card which shall contain; (1) The name of the licensee ; (2) The right index f ingerprint; (3) The name and number of the license of the private patrol system by which the licensee will be employed; (4) The signature of the Chief of Police ; (5) Any other information deemed necessary by the Chief of Police. (848) S . 2225 Modification of Certificate of Need and Necessity. (a) A Private Patrol Service shall within five (5) days after any patrolman, detective, owner, member or employee , required to be licensed under this A-rticle, is no longer employed or associated .with the service or -agency, notify the Chief of Police of that fact and shall thereupon return to the Chief of Police any license and/or - dentification card which may have been issued hereunder to such employee . (b) Upon written application by a licensed patrolman, accompanied by a written application from the private patrol service, licensed under this article, proposing to employ such patrolman, and upon satisfying the Chief of Police that such patrolman is , or will be, no longer employed by the service or agency formerly employing such patrolman, the Chief of Police may modify the patrolman's license -so as to designate the new employee and may modify the Certificate of Public -Need and Necessity of the services or -agencies -to conform to the change of personnel . (848) S . 2226 Equipment Used. The Chief of Police shall specify the -police equipment, including weapons , which a licensee may wear while on duty. A- licensee shall not wear any equipment or weapon, or carry any weapon, not so specified. (848) S . 2226 .1 Badges and Caps . (a) For the purpose of this Article, the word badge shall also include cap piece or cap badge . (b) The City Council- shall prescribe or approve -the size, shape and inscriptions of the badges to be worn or carried by a private patrolman, The design shall be such as not to be mistaken as an official City, County or State badge, sheriff's,-Marshal 's or any official police badge of any City within the County of Orange or of any State officer. rBUSINES.S CERTIFICATE OF NEED -&. NECESSITY S. 2'226', 2 (c) It shall be unlawful .and- it .is hereby declared to be a -misdemeanor for any--person -not - licensed -hereunder .to display any badge, license or- identification card prescribed for private-patrolmen hereunder with intent to deceive another•_into -the .belief that such person has been duly.,licensed. (d) Whenever -a private patrolman's license has been ;.revoked, or 'he--ceases to be employed as such, he shall immediately surrender his license-identification card and badges , to his employer. (e) 'While engagedAn his duties .as such, .within the City Limits of the City of Huntington .Beach, a private patrolman shall keep Upon ..his person at all times , .his . identification card and shall .wear or carry °the badge prescribed by this. Article and shall -not -wear, carry or display any other -badge -of any.-kind whatsoever. (848) : S.. . 2226 . 2 Use of Badge . Uniform and Title . (a) It shall be unlawful for. any person to give, deliver to, or sell a--private patrolman's badge or any. badge •of a design the same as , or -so ,similar to the badge prescribed hereunder, as to -be mistaken therefor, to any person not licensed pursuant to the provisions hereof. (b) It shall be unlawful for any person to purchase or -receive - as a . gift, . pawn or -pledge any.-badge Assued by the -private - patrol service pursuant to. the , provisions hereof. . (c) It shall - be unlawful .for a -patrolman to -we-ar any uniform which is an imitation of, or can ;.be readily mistaken ,.for., . an official sheriff's uniform or any -official uniform of the �Police Department of any City within the County of Orange, or an Official Uniform of any State Officer. Patrolmen .licensed hereunder shall .wear, while on duty as such patrolmen,a uniform of slate-gray colored material; provided however, that the Chief of Police may by written order authorize a--patrolman to perform his duties in clothing other than a uniform. (d) It shall be ,unlawful for a private patrolman to -assume or use a rank or title the same as., or similar .-to, any -rank or -title used by the Sheriff or by any Police Department within the County of Orange . (e) It shall be unlawful and As hereby declared to be -a misdemeanor for any -private patrol service to use, grant, bestow or permit any employee to assume or -use any rank or title the same as or similar to, any rank or title used by the Sheriff or by any Police Department within the •County of Orange . (848) S . 2227 ' CERTIFICATE OF 'NEED & NECESSITY BUSINESS S . 2227 Licensee not to -perform Police Duties . It shall be un- lawful and . it is hereby declared to be a misdemeanor -for any -licensee- hereunder -to perform any official -police .duties . He shall immediately -report in the most expeditious manner every viola- tion of law and every unusual or suspicious occurrence or activity coming to his attention. .in the -performance of his duties , to the nearest Police Officer -or to the -Huntington Beach Police Department. -A licensee shall then make a full report, - in .writing, in the form prescribed 'by the Chief of Police of such violation or other -unusual of suspicious occurrence ,without unnecessary delay to the Huntington, Beach -Police Department. (848) . S . 2227 . 1 Rules and- Regulations : Subject to the approval of the City Administrator, the Chief of Police -may make -such rules and regulations not- inconsistent -with the requirements hereof, governing- the -operations of licensees hereunder. (848) = S , 2228 Chief of Police -to Investigate Complaints . All complaints regarling the activities of the licensee shall .be. investi- _. gated by the Chief of Police . Reports of such complaints shall be held. in the files of the -Police -Department and shall be subject to inspection by the City Administrator 'or City Council at all times . (848) ..S . 2229 Chief of -Police may Suspend and Recommend Revocation of License and Certificate of Public Need and Necessity. (a) If as a result of a complaint regarding .the activities of a licensee, the Chief of Police -.is satisfied that a violation hereof has been committed or such licensee has engaged. in any serious misconduct, -prejudicial to the faithful discharge of .the duties required to such licensee, he may suspend the. -license and Certificate of Public Need and Necesgity •forthwith and recommend , to the City Administrator and City Council that the license -and Certificate of such private patrol service or -private patrolmen be •suspended fora certain period of time or be revoked. (b) Within five (5) days after suspension of a license and/or Certificate of Public •Need and Necessity by the Chief of Police, the licensee may demand a -public hearing .by filing such demand in writing with the City Clerk. If the licensee does not -make and file such demand within the five (5) days .period he §hall be deemed to have consented and agreed to -a full revocation of his. license and Certificate of Public -Need and Necessity. If such demand is made -with the time specified, the City Council shall fix a time and place for the hearing of the issue of the suspension or revocation of the .license •and/or Certificate and shall .cause the City Clerk to serve the - licensee :with notice of the time and place of the hearing, toether with a statement of the charges which are the basis for the hearing at Jeast ten. (10) days prior to the time fixed for said hearing. BUSINESS CERTIFICATE OF NEED & NECESSITY S. 2229 - (c) The City Clerk may serve the aforementioned notice of statement upon the licensee personally or upon said licensee by delivering the same by registered United States Mail, postage prepaid, to licensee at address given in his application for the license and Certificate. (d) The hearing shall be public and the licensee shall have the right to produce witnesses on his behalf and to be represented by Counsel. (e) Failure on the part of the licensee to appear before the City Council at the time and place fixed shall constitute a forfeiture of said license or licenses and Certificate of Public Need and Necessity. . (.f) The findings and decision of the Council upon such hearing shall be .final' and conclusive. (g) In the event that the Certificate and license of any licensee is revoked by the City Council, such person shall not be granted a new Certificate and/or license for a period of six (6) months after the date of such revocation. (848) S. 2229.1 Inactive Certificates. Notice and Hearing. All business, services and operations which are required to obtain cer- tificates of public need and necessity shall be deemed inactive and the certificate of public need and necessity shall be subject to revoca- tion in accordance with the procedures set forth in this section, when- ever said business, operation or service has ceased to function for a six-month period. No certificate of need and necessity shall be revoked pursuant to this section without a hearing before the City Council duly noticed by giv- ing ten (10) days notice by certified mail to the holder thereof. At such hearing, the holder shall have the burden of showing good cause why the certificate should not be revoked. From and after revocation of certificate, pursuant to this section, ' .it shall be unlawful to operate or conduct business or services with- out obtaining another certificate of public need and necessity. (1688 .- 12/71) BUSINESS OIL S. 2300 CHAPTER 23 OIL (1203, 1653-11/71) ARTICLE 230. DEFINITIONS AND GENERAL PROVISIONS 231. PERMITS AND FEES 232. BONDS AND INSURANCE 233. DRILLING; OPERATION; _SAFETY AND STORAGE 234. CLEANUP AND MAINTENANCE 235. WASTE WATER SYSTEM 236. IDLE WELLS 237. NUISANCE ABATEMENT 239. ACTIVATION OF NONPRODUCING OIL WELLS ARTICLE 230 DEFINITIONS AND GENERAL PROVISIONS S. 2300 TITLE. This chapter shall be known and may be cited as the City of . Huntington Beach Oil Code. "Code", as referred to in this Chapter, unless the context clearly indicates otherwise:, shall mean the City of Huntington Beach Oil Code. S. 2300.1 PURPOSE AND INTENT. It is hereby declared to be the purpose of this chapter to establish reasonable and uniform limitations, safeguards and controls for .the present operation of and future drilling for and production of oil, gas, and other hydrocarbon substances within the city so that this activity may be conducted in harmony with other uses of land within this city, thus protecting the people of the city in- the enjoyment and use of their property and providing for their comfort, health, safety and general wel"are. S. 2300.2 OIL FIELD SUPERINTENDENT. The-oil- field superintendent shall be appointed by the Director of Building and Community Development and shall be responsible for the enforcement of this chapter under his direction. The . oil field superintendent shall receive compensation for his services as established by resolution. (1814 - 2/73) S. 2301 DEFINITIONS. The following terms as used in this code shall, unless the context indicates otherwise, have the respective meaning herein set forth: (1) ABANDONMENT. Abandonment shall include the restoration of the drill site as required by these regulations. (2) A.P.I. is the American Petroleum Institute. (3) APPROVED type and approved design, is and includes improvements, equipment or facilities of a type or design approved by the oil field department, fire department, building department, and/or engineering department. (4) BOARD OF ZONING ADJUSTMENTS shall mean the Board of Zoning Adjustments of the City of Huntington Beach as set up and constituted pursuant to Division 9 of the Huntington Beach Ordinance Code. S. 2301 (5) -OIL BUSINESS (5) BLOW-OUT is a sudden, violent expulsion' of oil, gas., liquid, riud, or solids or a mixture thereof from a well. (6) BLOW-OUT PREVENTOR is a mechanical, hydraulic or pneumatic or other device or com- bination of such devices secured to the top of a well casing including valves, fittings and control mechanisms connected therewith which can be closed around the drill pipe, or which completely closes the top of the casing and is designed for preventing blow-out. (7) BUILDING CODE shall mean the ordinance of the City of Huntington Beach known by that title as it may be changed or reenacted from time to time. (8) BUILDING DEPARTMENT shall mean and include the Director of Building and Community Development, his assistants, deputies and inspectors. (1814 - 2/73) (9) BUILDING PERMIT shall mean permit provided for by the building code and issued by the Building Department. (10) CELLAR is an excavation around or above the top joint of the casing of a well. (11) CITY ADMINISTRATOR shall mean the City Administrator of the City of Huntington Beach. (12) CITY ATTORNEY shall mean the City Attorney of the City of Huntington Beach. (13) CITY CLERK shall mean the City Clerk of the City of Huntington Beach. (14) COMPLETION OF DRILLING. A well is completed, for the purpose of these regulations, thirty (30) days after the drilling crew has been released through completion of its work and/or release by those so employing said drilling crew. (15) COUNCIL shall mean the elected governing body of the City of Huntington Beach. (16) DEPARTMENT OF OIL FIELD CONTROL shall mean the oil field superintendent, his assis- tants and inspectors, all of whom collectively area part of the Department of Building and Community Development under the direction of the Director of Building and Community Development of the City of Huntington Beach. (1814 - 2/73) (17) DERRICK is any framework, tower or mast including all parts or appurtenances to such structures used in the drilling for oil and gas as well as support for the equip- ment lowered into the well. (18) DERRICK EQUIPMENT shall mean any framework, tower or mast together with all parts and appurtenances to such structure, including any foundations, pump house structure used to house oil recovery equipment, including but not limited to longtails, pipe racks and each and every part thereof which is any way usable or used for the drilling for and/or production of oil, gas, or other hydrocarbons from the earth. BUSINESS OIL S . 2301 (19) ( 19) DESERTION means the cessation of operation at a drill site with- out compliance to the provisions of this code relating to suspended operations or abandonment . (20) DILIGENCE shall mean persevering application characterized by steady, earnest, and energetic application and effort . (21) DIRECTIONAL DRILLING is the drilling of a well which departs from the vertical, usually accomplished through slant drilling or whipstocking from a drilling site . (22) . DIRECTOR OF PUBLIC WORKS shall. mean the Director of Public Works and his assistants , engineers or inspectors . ` (23) DIVISION OF OIL AND GAS shall mean the Division of Oil and Gas of the Department of Natural Resources of the State of California or any other state agency that may, in the future , be charged with ' its responsibilities . (24) DRILLING means digging or boring a hole in the earth for the purpose of exploring for, developing or producing petroleum. Drilling includes all operations through the completion of a well . (25) DRILLING EQUIPMENT means any appurtenances , materials , or struc- tures and every part thereof which is or are required , or used, or ' was used or usable with, or for the drilling and production of oil, gas and other hydrocarbons from the earth . (26) DRILL SITE means the premises used during the drilling, main- 4, taining, operating, and producing of a well or wells located thereon . I (27) ENGINEERING DEPARTMENT means the director of public works , his assistants , engineers or inspectors . i (28) FIRE DEPARTMENT means the Fire Chief of the Fire Department of the City of Huntington Beach, his assistants , deputies or the assigned Chief of the Fire Prevention Bureau and his assigned inspectors . + (29) GAS shall mean any fluid, either combustible or noncombustible , which is produced in a natural state from the earth and which main- tains a gaseous or rarefied state at ordinary temperatures and pres- sure conditions . It shall also mean the gaseous components or vapors ` occurring in or derived from petroleum or natural gas . (30) INJECTION WELL shall mean a well employed for the introduction into an underground stratum of water or gas under pressure . Injection wells are employed for the disposal of salt water produced within oil. They are also employed in a pressure maintenance , secondary recovery or recycling operation to introduce a fluid into the pro- ducing formation to maintain underground pressure which would other- wise be reduced by virtue of the production of oil and/or gas . ( 31) LESSEE shall mean the lessee under an oil and gas lease who has executed a lease, or the owner of any land or mineral rights who conducts or carries on any oil and/or gas development, exploration and operation thereon, or any person so operating for himself or others . S . .230.1 (32) OIL BUSINESS ( 32) LESSOR shall mean the owner of surface and/or mineral rights who has executed. a lease . (33) MAINTENANCE means and includes the repairs and replacement of parts of the structure . It also means keeping the oil operation site free from rubbish, debris , trash or any other waste material and keeping all structures located on said operation site painted , clean, sanitary and safe . ( 34) NATURAL GASOLINE PLANT OR ABSORPTION PLANT is a plant for the processing of natural gas from the production wells for the extrac-- tion into its various components including natural gasoline, motor fuel, liquefied petroleum gases and other natural gas liquids . ( 35) OIL FIELD RECOVERY HEATER shall mean a once through forced circulation, water tube steam generator, used only in the oil field thermal recovery operations having no fired pressure part larger than three inches pipe size and no other pressure part larger than six inches pipe size . ( 36) OIL OPERATION shall mean the use or maintenance of any instal- lation, facility or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, redrilling, rework, and repair, production, processing, extraction, assisted recovery, stimulation, storage or shipping of oil, gas or hydrocarbons . ( 37) OIL OPERATION SITE shall mean the physical location where oil operations are conducted . ( 38) OPERATOR shall mean a person, natural or artificial, (e .g . cor- porate) engaged in the business of drilling wells for oil and gas . Said definition shall include those actually, in charge and in con- trol of the well including its drilling,; maintenance, operating or pumping . Operator includes owner where the latter is performing or has performed the function of operator as described herein. ( 39) OUTER BOUNDARY LINE. Where several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operated unit, the term "outer boundary line" means the exterior limits of the land included in the lease of a unit . In determining the contiguity of any such parcel of land, no street, road or alley lying within the lease or unit shall be deemed to inter- rupt such contiguity. (40) OWNER is a person who owns a legal or equitable title in and to the surfaces of the drill site . (4 1) PERSON includes any individual, firm, association, corporation, joint venture, estate or any other group or combination acting as a unit . (42) PLANNING COMMISSION OR COMMISSION shall mean the Planning Com- mission of the City of Huntington Beach as provided for pursuant to Division 9 of the Huntington Beach Ordinance Code . BUSINESS OIL S. 2301Q 3) (43) Processing shall mean the use of oil operations for gauging, recycling, compressor repressuring, injection, reinjection, dehydration, stimulation, separation, (including but not limited to separation of liquids from gas) , shipping and trans- portation, and gathering of oil, gas, other hydrocarbon substances, .water or any combination thereof. (44) Redrilling shall mean the deepening or whipstocking of an existing oil well or otherwise drilling beyond the extremities or sides of the existing well casing. (45) Seismic Petroleum Prospecting shall mean prospecting for oil by means of drilling holes into the ground, placing an explosive charge therein, and detonating such charge. Seismic petroleum prospecting includes vibroseis and dioseis methods. (46) Shothole shall mean the hole drilled in seismic petroleum prospecting. (47) Source of Ignition means any flame, arc, spark or heated object or surface capable of igniting flammable liquids, gases or vapors. (48) Structure is that which is built or constructed, including a tank, edifice or building of any kind. (49) Sump or Sump Pit is an unlined earthen pit for the discharge of oil field wastes. (50) Suspended Operation or Shut-In is the approved, temporary suspension of drilling, redrill.ing or production operation by the oil field superintendent pending a resumption of operation or abandonment. (51) Tank is a container, covered or uncovered, used in conjunction with the drilling or production of an oil well for holding or storing liquids and/or oil. (52) Tank Farm shall mean a collection of such tanks for the storage of liquids and/or oil. (53) Well or Oil Well shall mean any oil or gas well or well for the discovery of oil and gas, or any well reasonably presumed to contain oil or gas. "Well" shall . include injection wells for the purpose of secondary recovery, and disposal wells for the purpose of disposing of waste water. "Well" shall also include any well for the discovery. of geothermal resources or any well on lands producing geothermal resources or reasonably presumed to contain geothermal resources, or any special well, converted producing well or reactivated or converted abandoned well employed for reinjecting geothermal resources or the residue thereof. (1846 - 6/73) (54) Well Servicing is remedial or maintenance work performed within any existing well which does not involve drilling or redrilling, that is, work done after the well is drilled. (55) Whipstock shall mean the technique of drilling a well deviating from the vertical; a directional well; to drill a directional well. It can also mean the drilling tool employed in drilling a directional well. 6/8/73 S. 2302 OIL BUSINESS v S. 2302 Oil Field Committee Created. Duties of. There is hereby created for the City of Huntington Beach the Oil Field Committee, composed of the following: Oil Field Superintendent, a member of the City Council, City Attorney, Planning Director, Director of the Department of Building and Safety, a representative of the Western Oil and Gas Association, and a member of the Independent Oil Producers Association. Such committee shall determine and specify any new materials, processes, or operations which shall require permits or set minimum standards of safety in addition to those enumerated in this code. The Oil Field Committee shall meet annually, or upon request of any member, to discuss new processes, or for the purpose of revising or updating this code. S. 2303 Permission to Enter Premises. The oil field superintendent shall have the right and privilege at any time to enter upon any premises upon or from which any oil operations are being conducted for the purpose of making any of the inspections required by this chapter, or by any ordinance of the city. S . 2304 Appeals. In addition to the hearings provided for by Article 237 of this code, any person or entity whose drilling, redrilling or renewal permit is revoked or whose well and/or equipment is deemed by the oil field super- intendent to be idle may, within twenty (20) days of the decision of the oil field superintendent, file a written appeal to the City Council of the City of Huntington Beach in accordance with the following procedures: (1) The City Council of the City of Huntington Beach shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the revocation of any permits issued hereunder or determination of the existence of an idle well, as provided by this chapter. (2) An appeal shall be in writing and shall be filed in triplicate in the office of the City Clerk. The grounds for appeal must be set forth specifically and the error described by the appellant. (3) Any appeal not filed within twenty (20) days from and after the date of the order, requirement, decision or determination complained of shall be dismissed by the City Council of the City of Huntington Beach. Within ten (10) days from and after the filing of the appeal, the Department of Oil Field Control shall transmit to the City Council all papers involved in the proceedings and two copies of the appeal. In addition, the Oil Field Superintendent shall make and transmit to the Council such supplementary reports as he may deem necessary to present the facts and circumstances of the case. Copies shall be mailed to the appellant ten (10) days prior to the hearing. (4) Upon receipt of the records, the City Clerk shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to appellant, and any other party who has requested in writing to be so notified and no other notice need be given. (5) Upon the date for the hearing the Council shall hear the appeal unless for cause the Council shall on that date continue the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set. BUSINESS OIL S 2306 (6J (6) A-ction by the Council in granting or denying the appeal shall be final . S . 2306 NOTICES . Every operator of any well shall designate an agent, or agents , who is a resident of the State of Calif- ornia, upon whom all orders and notices provided in this code may be served in person, or by registered or certified mail. Every oper- ator so designating such agent shall within ten ( 10) days notify the Department of Oil Field Control, in writing, of any change in such agent or such mailing address unless operations within the city are discontinued . S . 2307 NOTICE OF OWNERSHIP. Every person who acquires any well, property or site upon which oil operations exist., whether by purchase, transfer, assignment, conveyance, exc.hange or otherwise shall within ten ( 10) days after acquiring such well, property, or site notify the Department of Oil Field Control, in writing, of his ownership. The notice shall contain the following: ( 1) The name and address of the person from whom such well and prop- erty was acquired . (2) The name and location of the well. ( 3) The date of acquisition. (4) The date possession was acquired . (5) A description of the properties and equipment transferred . (6) The name and address of the person designated for service of notice . S . 23o8 TRANSFER OF OPERATOR. The operator shall notify the De- partment of Oil Field Control in writing of the transfer of any oil well for any purpose . Within ten (10) days after such transfer by reason of sale, assignment, transfer, conveyance or 'ex- change, said notice shall be given and shall contain the following: (1) The name and address of the person to whom such property and well was sold, assigned, transferred, conveyed or exchanged . (2) The name and location of the well. ( 3) The date of sale , assignment, transfer, conveyance or exchange . .(4) The date when possession was relinquished by the former operator, and a description of the properties and equipment transferred . S . 2309 PENALTIES . Any person or entity violating any of the pro- visions of the Huntington Beach Oil Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punish= able by a fine of not more than Five Hundred Dollars ($500) or impris- onment in the county jail for a period of not more than one year or both such fine and imprisonment . Each person or entity shall be guilty of a separate offense for each and everyday during any portion of which any violation of any provision of this oil code is committed, continued, or permitted by such person or entities . S . 2309.1 OIL BUSINESS S . 2309.1 CITATIONS . The oil field superintendent and his assis- tants shall be sworn as peace officers for the purpose of enforcing this code, and may, therefore, issue citations for any violations of said code pursuant to Sections 853.6 et seq. of the California Penal Code . S . 2309.2 CEASE AND DESIST ORDER. If, at any time, any operator is in violation of any of the provisions of this code, the Department of Oil Field Control may order compliance and set a reasonable period of time for same . If compliance is not obtained within the time period specified, the Department of Oil Field Control shall order, in writing, the operator to cease and desist operation of the well immediately. The operator shall immediately comply with the order of the Department of Oil Field Control to cease and desist and shall not resume any operation at the site affected unless and until the written approval of the Department of Oil Field Control is obtained . ARTICLE 231 PERMITS AND FEES S . 2311 PERMIT REQUIRED. Permits, as required by this article, shall be obtained from the City of Huntington Beach for the following oil operations, activities, buildings, or structures in the city limits of Huntington Beach. S . 2311.1 Drilling or Redrilling. Drilling or redrilling shall not be commenced or continued unless or until a permit therefor has been obtained from the Department of Oil Field Control of the City of Huntington Beach. Said permit is herein referred to as a Drilling Permit. S . 2311.2 Annual Inspection Permit. The oil field superintendent shall inspect annually, and at such other times as he deems necessary, each producing oil well and suspended or idle oil well regulated by this chapter, for the purpose of ascertaining whether the well is being operated or maintained within the standards of this code . On the first day of July next after the issuance of a drilling permit and on the first day of July of each year thereafter, until the well has been abandoned as provided in this code, an annual renewal inspection permit must be obtained from the Department of Oil Field Control for each and every well, including injection wells . Such annual inspection permit shall be "a permit to operate for the time period for which issued and no well shall be operated without such permit . S . 2311.3 Waste Water Permit . For the purpose of disposing of wastes from of and gas wells , including waste water, water and brine in the sanitary system, a permit must first be ob- tained from the Department of Oil Field Control. S . 2311.4 Oil Field Recovery Heater Permit . An oil field re- covery heater shall not be ere c ed and/or installed for the purpose of secondary recovery unless a permit therefor has been obtained from the Department of Oil Field. Control. BUSINESS OIL S . 2311.5 S . 2311.5 Building Permit . A building permit shall be obtained from the Building Department to erect, construct, en- large , alter, repair, move , improve , or demolish any structure or tanks , or appurtenances thereto . The building permit includes the required. electrical permits . A building permit fee shall be charged by the Building Department regarding the aforementioned and such fee shall be based on the total evaluation of the structure when complet- ed, as listed in the Uniform Building Code, adopted by the City Council of the City of Huntington Beach. The Building Department shall issue all required plumbing and electrical permits . S . 2311.6 Encroachment Permit . An encroachment permit shall be obtained from the Director of Public Works when it is necessary to encroach over public property lines with well drilling or servicing equipment . S . 2311.7 Fees Set By Resolution. Fee Payment Date . Fees shall be required for the issuance of each of the permits required pursuant to this article . Such fees shall be set by res- olution in November of 1971 for the period ending June 30, 1972, ex- cept the annual inspection fee which shall remain at the current rate until July 1, 1972 . Thereafter, such fees shall be set prior to ' July 1 of each year by resolution on an annual fiscal year basis, commencing July 1 of each such year and expiring on June 30 of the next succeeding year. Such fees shall be based upon the projected administrative and legal costs in the administration and enforcement of the Huntington Beach Oil Code and. any other provisions relating to oil operations during such annual fee fiscal year period . Said resolution shall also determine the conditions of payment and col- lection of the required fees . Proceeds from such collection of fees shall become part of the city's . general fund and shall not be refund- able . The annual inspection fee shall be due and payable on July l of each year, commencing with the year 1972 and shall be delinquent on August 1 of each year. The waste water fee shall be due and payable on January 1 of each year and shall be delinquent on January 31 of each year . The drilling and redrilling fee and oil field recovery heater fees shall be due and payable at the time of application therefor. S . 2311.8 Permit Procedure . Permits required by this chapter shall be ob ained from the appropriate city department . The application for drilling, redrilling or oil field recovery heater permits shall be obtained from the Department of Oil Field Control and said application shall contain the following required information: ( 1) The complete legal description of the property. (2) Plans and engineering specifications of structures , drilling derricks , drilling masts , tank and high-pressure systems regulated by this code . Applicant need not file plans and engineering speci- fications of standard derricks, masts and tanks when such plans and specifications are already on file at the Department of Oil Field Control. S . 2311.8 (3) OIL BUSINESS (3) A corporate surety bond in conformity with the provisions of this code . (4) A verified statement signed by the applicant certifying that he is duly authorized by the operator to make and file the application and that he has read the application and the same is true and correct . (5) A hold harmless agreement as provided by a form approved by the office of the City Attorney. S . 2312.1 Scope of Permit . The city is not a guarantor of the com- petence of the permittee as to oil operations . Said per-. mit is not an expression by the city that such proposed oil operation can be done with safety to the operator or other persons or property; all of which said risks are assumed by the permittee . S . 2312.2 Permit Utilization. No permit issued hereunder shall be valid unless utilization of the privileges granted there- by be commenced within ninety (90) days from and after the date of issuance of the permit and such activity is engaged in without ces- sation for a period of ninety (90) days thereafter. Failure to com- mence activity or the cessation for a like period shall operate to terminate and cancel the permit and it shall henceforth be unlawful to engage in any activities hereunder without obtaining a new permit. S . 2313 OTHER PERMITS . The permits provided in this chapter are in ad.d.ition to and are not in lieu of any permit which may be required by the other departments of the city. The Depart- ment of Oil Field Control shall not issue any permit under this chap- ter until all other permits required by other departments, if any, have been issued and the fee, if required, has been paid.. S . 2314 PERSONS LIABLE FOR FEES . Each of the persons and/or entities whose duty it is to obtain any permit shall be declared and made to be jointly and severally liable for the payment of the fee required to be paid . S . 2315 PENALTY FOR DELINQUENCY. If any fee herein required to be paid to the Department of Oil Field Control is not paid in the time and in the manner provided, the same shall, thirty (30) days thereafter, automatically be and become delinquent, and a penalty in an amount equal to ten percent (10%) of such fee shall be added thereto for each month of such delinquency, which penalty shall be and become a part of such fee and shall be enforced and collected as a part of such fee . S . 2316 PUNISHMENT. No person shall permit or cause to be per- mitted any activity or operation which requires a permit pursuant to this article, without first having obtained such permit from the city. The city shall have a civil cause of action in any court of competent jurisdiction to enforce the collection of such fees . Any person performing or causing to be performed any activity or op- eration requiring a permit, pursuant to this article, without in fact having such permit is guilty of a misdemeanor, punishable by fine, imprisonment, or both, as provided in Section 2309 of this code . I BUSINE5,S OIL S . 2317 S . 2317 CONTINUING VIOLATION. Each and every day activities are conducted or carried on without the required permits and/or without the payment of the fees required hereunder, shall constitute a separate offense . S . 2318 GROUNDS FOR REVOCATION OF PERMIT. Any permit issued by he city pursuant to the provisions of this chapter may be revoked by the oil field superintendent upon finding: ( 1) A permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions of the permit; or. (2) That permittee has failed or neglected or refused to comply with or abide by, or has _in any .way violated any of the provisions of this code, or of any other ordinance of the city, or any other law, rule , or regulation either directly or indirectly, by reason of or in con- nection with or incidental to his conduct of oil operations; or (3) If any of the permittee 's operations or the continuance thereof upon the premises covered by the permit are, a menace or hazard to public or private property, or to any interest of the city, or to the lives or safety of persons; or (4) Any of the permittee 's operations or the continuance thereof upon the premises covered by the permit constitutes a public nuis- ance as described by this code in Article 238; or (5) If permittee shall have made any willful misrepresentation of facts in any application for any such permit, or in any report or record required by this code to be filed or furnished by permittee . S . 2319 EFFECT OF SUSPENSION OR REVOCATION OF PERMIT. No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspen- sion thereof or after the revocation thereof, or pending a judgement of the court upon any application for writ taken to review the de- cis,ion or order of the city in suspending or revoking such permit; provided, however, that nothing therein contained shall be con- strued to prevent the performance of such operation as may be neces- sary in connection with a diligent and bona fide effort to cure and remedy the default, or violation for which the suspension or revo- cation of the permit was ordered, or such operation as necessary for the safety of persons . ARTICLE 232 BONDS AND INSURANCE S . 2321 EXISTING WELLS. EXCEPTIONS FOR PRESENT BONDS . Except as to . oil bonds existing on the effective day of this oil code which satisfy the requirements of the previous Huntington Beach Oil Code, a bond in the form required by this article shall be filed for each well drilled prior to said. effective date of this chapter, which has no.t been "abandoned" prior to said effective date in accordance with the standards and laws of the State of California and the require- ments of the Huntington Beach Ordinance Code . �91 i S . 2321.1 OIL BUSINESS S . 2321. 1 New Wells . A bond or bond rider in the form required by this article shall accompany every application for dril- ling or redrilling of any oil well, injection well, or disposal well. S . 2322 BOND FORM. Bonds or riders to existing bonds shall be on forms approved by the City Attorney and shall be filed with the Department of Oil Field Control. S . 2323 SINGLE BONDS . Corporate surety bonds in the penal sum of ' Five Thousand Dollars ($5,000) shall be required . The bonds shall be executed by the operator as principal and by the auth- orized surety company as surety and conditioned that the principal named in the bond shall faithfully comply with this chapter and any other ordinance of the City of Huntington Beach, or of the Division of Fire Prevention of the City of Huntington Beach, which ordinance, law, rule or regulation in any manner pertains or applies to any of the principal 's oil operations . Compliance by the principal named in the bond shall include compliance to any and all provisions, amend- ments and changes in the Huntington Beach Oil Ordinance regularly adopted . The bond shall secure the City of Huntington Beach against all costs, charges and expenses incurred by it for reasons of the { failure of the principal to comply with the provisions fully of this chapter. The bond shall include the correct name and number and legal description or precise locatfon of the well and such other information as may be necessary to identify the oil well readily. Any operator may furnish negotiable securities or cash in lieu of a corporate surety bond . The obligations and liabilities under the bonds required hereunder (corporate, surety or cash) are continuing obligations and liabilities, and the liability of the surety under this bond may be terminated solely. and only at the time or times, in the manner and by strict compliance with the provisions for termin- ation of liability as set forth in any ordinance of the City of Hunt- ington Beach. Regardless of expenditures which may incur from action on any bond, said bond shall always be maintained at its original face value, and it shall be the responsibility of the principal to insure and provide that the bond shall be fully maintained . S . 2324 SUBSTITUTION. A substitute bond may be filed in lieu of he bond on file hereunder and the Department of Oil Field Control shall accept and file the same if it is qualified in a pro- per form and substance and the bond for which it is substituting shall be exonerated . Substitution shall be allowed only if the Department of Oil Field Control and the City Attorney find that all of the con- ditions of the aforementioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned . S . 2325 BLANKET BONDS . Any operator may, in lieu of filing a single bond on each well, as required by the foregoing, file a bond in the amount of Twenty-five Thousand Dollars ($25,000) if he has more than five (5) wells . S . 2326 DEFAULT IN PERFORMANCE OF CONDITIONS . NOTICE TO BE GIVEN. W enever the Department of Oil Field Control finds that a default has occurred in the performance of any requirement or con- dition of these regulations, a written notice thereof shall be given to the principal and to the surety on the bond . Such notice shall specify the work to be done, the estimated cost thereof and. the per- iod of time deemed by the Department of Oil Field Control to be reas- sonably necessary for the completion of suchwork. After receipt of BUSINESS OIL S . 2327 such notice, the surety shall, within the time therein specified, either cause or require the work to be performed, or failing there- upon, shall pay over to the Department of Oil Field Control the es- timated cost of doing the work as set forth in the notice . Upon receipt of such monies, the Department of Oil Field Control shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum in hand . In the event that the well has not been properly abandoned under the- reg- ulations of the Division of Oil Gas, such additional money may be demanded from the surety as is necessary to restore the drill site in conformity with the regulations of this chapter. S . 2327 EXONERATION. When the well or wells, covered by said bonds have been properly abandoned in the conformity with all regulations of this chapter, and in conformity with all regu- lations of the Division of Oil and Gas and notice to that effect has been received by the Department of Oil Field Control, or upon receipt of a satisfactory substitute bond, the bond issued in compliance with the regulations shall be terminated and cancelled and the surety re- lieved of all obligations thereunder. S . 2328 INSURANCE REQUIREMENT. All oil operators, drilling con- tractors and well-serving companies doing business within the city limits of Huntington Beach, shall file with the oil field department within ninety (90) days after the effective date of this chapter, a certificate of insurance, with the City of Huntington Beach named as an additional insured, and in the following values: $50,000 property damage $100,000 and $300,000 personal liability ARTICLE 233 DRILLING; OPERATION; SAFETY AND STORAGE S . 2331 ENCROACHMENT. No operator or person while redrilling, servicing, or maintaining any well drilled shall encroach j with equipment over public property lines , sidewalks , parkways , alleys I or streets unless a permit therefor has been granted by the Depart- ment of Public Works . f S . 2331. 1 Derricks . All derricks and masts erected for drilling or I redri ling shall meet the specifications .. of the American Petroleum Institute Standards 4A, 14th Edition and 4D, 3 years Edition, or the equivalent thereof. Any derrick or pulling mast shall 'be securely guyed or braced at all times the mast is in use, or if self-braced, the derrick or mast shall meet A.P. I. standards or the equivalent thereof. In addition there- to the operator shall be required to show a certificate of insurance . in accordance with the specifications of this code, naming the city as an additional insured . Drilling equipment and the derrick shall be removed from the premises within thirty (30) days following the completion or abandonment of any well. If the well is a producing well, then only that drilling equipment and those portions of the derrick used in the drilling of said well as support for that equipment lowered into the well must be S . 2331.2 OIL BUSINESS removed within thirty (30) days following the completion of such well. Once the well is a producing well, it shall be serviced by a portable derrick exclusively. Drilling operations shall be diligently prose- cuted until the well is completed or abandoned . S . 2331.2 Inspection. If a well is to be drilled or redrilled with- in 150 feet of any occupied structure or street right of way, after the operating equipment is securely in place and prior to commencement of drilling, the operator will notify the Department of Oil Field Control for purpose of inspection. If an inspection is anticipated to be made during the night, weekend or holiday, the op- erator will notify the Department of Oil Field Control during a working day of the approximate time the operator would be ready for the inspection and shall not commence drilling until the Department of Oil Field Control has made an inspection and given approval to commence . The oil field superintendent shall not give his approval until all the applicable provisions of the City of Huntington Beach ordinance have been met . The oil field superintendent shall make his inspection within a reasonable time after receiving notice from the operator. Upon completion of drilling operations the operator will notify the Department of Oil Field Control, and the department will make a final inspection of said drill site . S . 2332 LIGHTS . No person shall permit or allow any lights lo- cated on any oil operation site to be directed in such a manner so that they shine directly on adjacent property or prop- erty in the general vicinity of the oil operation site . S . 2333 SIGNS . A sign shall be displayed in a prominent place , visible at all times and maintained in good condition near or on the pumping unit or fence, from the time drilling of the well is started until the well has been abandoned . Such sign shall have a surface area of not less than two (2) square feet and no more than four (4) square feet, bearing the current well name, and the names and phone numbers of two pumpers or operators of said well who may be contacted during any twenty-four (24) hour period for emergency reasons . In the event there are more than two (2) producing wells on one lease- hold, it shall be sufficient if all entrances to said leasehold are posted with a sign not less than six (6) square feet bearing the name of the lease, the name and phone number of the leaseholder and/or operator responsible for said well, together with an openly visible sign on each producing well designating the particular name and/or number thereof. S . 2334 SUMP OR SUMP HOLES . Rotary mud, drill cutting, oil field waste, oil or liquid hydrocarbons and all other oil field wastes derived or resulting from, or connected with the drilling or redrilling of any well shall be discharged into a steel tank. Such drill cuttings, rotary mud, and drilling waste materials shall be removed from the drill site within thirty ( 30) days from and after completion of drilling . BUSINESS OIL S . 2335 On or after the effective date of this section, no person shall own or operate, or have possession of, or be in control of any well site on which an unlined sump or skim pond is located, or any sump or skim pond used in connection with the operation of any oil well; provided, however, that the provisions of this section shall not apply to por- table sumps required by the State Division of Oil and Gas or by the Regional Water Pollution. Control Board . No person shall own or operate or have possession of or be in control of any oil well site on which an unlined sump or skim pond is located, or any property on which has been located a sump or skim pond which was used or is used in connection with the operation of any oil well unless such sump or skim pond has been excavated of all foreign ma- terials and filled with clean earth to the level of the surrounding terrain. S . 2335 PRIVATE ROADS AND DRILL SITES . Prior to the commencement . of any drilling operations, all private roads used for - access to the drill site and the drill site itself shall. be surfaced by clean, crushed rock, gravel or decomposed granite, or oiled, and maintained to prevent dust and mud . In particular cases . these re- quirements governing surfacing of private roads may be altered at the discretion of the oil field superintendent after consideration of all circumstances including, but not limited to the following factors: distances from public streets and highways;; distances from adjoining and nearby property owners whose surface rights are not leased by the operator;. the purpose for which the property of such owners is or may be used; topographical features ; nature of the soil; and exposure to wind . S . 2336 DISTANCE. TIME . SOUNDPROOFING REQUIREMENTS . (1) It shall be unlawful for any person to engage in any work whatsoever on an oil operation site, which work is conducted with- in three hundred ( 300) feet of a dwelling unit, church, hospital, rest home, school, pre-school nursery, or other place of public as- sembly, except in the following situations: (a) Where such work consists of minimum maintenance or surveillance on the oil operation site:: or (b) Where such work is conducted between the hours of 7: 00 A.M. and 9: 00 P.M. : or ( c) In case of emergency; or ( d) Where the work being so conducted is soundproofed and such soundproofing is approved by the oil field superintendent . (2) Where operations are conducted beyond a distance 'of three hundred (300) feet from the aforementioned areas, the oil field superintendent may, in cases of disturbance , e .g . , excessive noise, odor, or vibration, order the oil operator to: (a) Enclose the derrick and all drilling machinery used in connection with d.rilling of any well, with fire resistant sound- proofing material, which shall be maintained in a serviceable condition and provided. further that no operations outside of said enclosure , except for well logging shall be conducted ; or S . 2337 OIL BUSINESS (b) Enclose all drilling machinery used in connection with the drilling of any well with fire resistant soundproofing mater- ial and the portable drilling mast shall be so enclosed, at least on three sides, to a height of twenty (20) feet, and provided fur- ther, that no drilling operations or any work in connection with such drilling operation shall be conducted between the hours of 10: 00 P.M. of one day and 6: 00 A.M. of the following day, except only that cir- culation of fluids and well logging may be continued during such time . The superintendent may allow operations in connection with dril- ling or redrilling if in his opinion that portion of the operation does not create excessive noise such as cementing, gravel packing, etc . and also in case of emergency, provided that notice of such emergency shall be given to the Department of Oil Field Control, but only for as long as the emergency exists . Failure to comply with the order of the oil field superintendent hereunder shall constitute a misdemeanor violation pursuant to Section 2309 of this code . ( 3) It shall be unlawful to do any work in connection with pulling a well between the hours of 9: 00 P.M. and 6: 00 A.M. within two hundred (200) feet of any residential building within the city,. excepting where circulation in the well must be maintained, or the well would be endangered if pulling work were not done immedi- ately. (4) Notwithstanding the above , no person shall operate any oil well or any other installation, facility or structure re- lated to oil production in a manner that would create a noise or vi- bration detrimental to the health, safety or welfare of the surround- ing neighborhood . Such operation is hereby declared to constitute a public nuisance . S . 2337 ACCESS TO WELL HEAD. On all wells at all times there shall be connected a minimum of two (2) feet of two (2) inch A.P. I. schedule 40 pipe with a steel valve to the casing for the pur- pose of bleeding off casing pressure and for hookup to inject water, mud, or cement in order to kill the well during an emergency. S . 2337. 1 Blowout Prevention. In all cases, protection shall be provided to prevent blowout during drilling, pulling, redrilling, assisted recovery and. abandoning operations as required by and in conformance with the requirements of the State Division of Oil and Gas and the safety orders for drilling and production of the State Division of Industrial Safety. S . 2337.2 Cellars . The following regulations shall apply to cellars: � 1) Every cellar shall be constructed in accordance with the Uniform Building Code, as adopted by the City Council of the City of Huntington Beach. (2) Such cellars shall be kept covered, free from water, oil drilling fluids, rubbish, debris , or other substances which might , constitute a hazard, except during drilling and servicing operations . •BUSINESS OIL S 2337.2 (3) ( 3) The depth of such cellars shall be the vertical meas- urement between the lowest point of the floor area in the bottom of.' such cellar and the lowest point of ground or any surface adjacent to the top of the cellar wall. (4) All multiwell cellars exceeding three ( 3) feet in depth and twenty-five (25) feet in length shall have two �2 separate means of exit or entrance . If the cellar exceeds fifty (50) feet in length, one of the means of entrance or exit shall be a stairway. If . the cellar exceeds two hundred (200) feet in length, a third means of entrance and exit shall be provided . (5) Multiwell cellars shall have a steel grate or cover- ing with no unob.structed openings in excess of three ( 3) inches . S . 2337. 3 Setbacks . All wells, tanks , including replacement tank, , and permanent structures , installed after the effective date of this chapter, shall be set back a minimum of twenty-.five (25) feet from the street right of way and all future street- rights of way, as depicted on the city's Master Plan of Streets and Highways , or any precise plan of street alignment, and shall conform to Article 968, titled , "Combining Oil Districts , " of the Huntington Beach Ordi- nance Code . With the exception of pumping jacks, existing oil production equipment, over forty-two (42) inches high, including storage tanks, that are presently located within the safety-sight angle at street intersection rights of way or future rights of way, as depicted on the official city Master Plan or any precise plan of street alignment, will be relocated to comply with the required setbacks within one year after the effective date of this chapter. The safety-sight angle shall be triangular formed by measuring twenty- five (25) feet along the front and exterior side lot lines of a corner lot and striking a hypotenuse between the two points . S . 2337.4 Fences . All leaseholds or drill sites shall be fenced according to one of the following requirements or attended twenty-four (24) hours a day by an adult: ( 1) Individual Drill Sites . All .individual drill sites , with oil well production equipment having external moving parts haz- ardous to life and limb shall be enclosed by a chain link fence or similar type of a height not less than six (6) feet . (2) Approved Drill Site and Drilling Island . An approved drill site or drilling island may be enclosed by a fence on the bound- ary lines of said drill site with a height of not less than six (6) feet. If the fence is of a block wall type, or similar permanent na- ture , the gate opening into the drill site shall be a minimum of twenty (20) feet in width (3) Leasehold . A leasehold may be fenced on the perimeter boundaries of said leasehold with a chain link fence , or a type of similar nature . i i 41 . S . 2338 OIL BUSINESS S . 2338 INSTALLATION. OPERATION._ AND SOUNDPROOFING OF OIL FIELD RECOVERY HEATERS . The following conditions shall be met for the installation and . operation of an oil field recovery heater: (1) All oil field recovery heaters shall have a valid State of California "Permit to Operate" and shall be equipped with and operated by safety controls which monitor certain essential op- erating conditions of the automatically controlled fired boiler and which shall shut down the boiler automatically and require manual restart when any of the essential conditions vary from certain pre- scribed limits . An emergency shutdown switch shall be installed a minimum of fifty (50) feet from the oil field recovery heater and shall be identified as such by a sign with a minimum "3" letter. (2) Separation between oil field recovery heaters from residential, commercial, and public assemblage buildings shall be as follows: (a) Oil fired recovery heaters - five hundred (500) feet . (b) Gas fired recovery heaters - three hundred ( 300) feet . Where enclosed by a six (6) foot high six (6) inch block wall, the setback may be reduced to fifty (50) feet . (c) All oil field recovery heaters will be set back a minimum of fifty (50) feet from any oil storage tank, well head or public right of way. (3) Where an oil field recovery heater is operated within an occupied residential area the heater shall be shielded with a fire resistant, soundproofing material so that the sound level at the nearest residence can be maintained at the average twenty-four (24) hour ambient level existing when such heater is not in operation; however, the fire resistant soundproofing shielding would not be required if the residential ambient sound level mentioned above can be maintained by other means . (4) Oil field recovery heaters being operated in any residential zone shall have an attendant on duty at all times and shall be completely fenced, including the well head, with a six (6) foot high chain link or block-wall fence complete with two (2) self- closing gates installed on opposite sides of the enclosure . Steam lines from the heater to the well head shall be buried to a depth of one (1) foot or covered and/or wrapped with a minimum of one ( 1) inch thick approved asbestos pipe insulation. (5) An application for a permit to install and operate an oil field recovery heater shall be made to the oil field super- intendent who shall inspect the site and specify the location, set- up, and/or standards of the heater, piping, head installation, valves, soundproofing ( if required) , and other equipment . If approved, the oil field superintendent shall issue a permit to operate the heater pursuant to complying with Section 2311.4 of this code . Approval by the oil field superintendent does not relieve the applicant of the re- sponsibility of securing additional permits as required by other de- partments within the city. -BUSINESS OIL S . 2338.i S . 2338.1 Use of Power Motors . All power motors used for oil op- erations shall be located on the oil .operation site when in operation, and. shall be equipped with an exhaust muffler to pre- vent excessive or unusual noise . S . 2339 FIRE PREVENTION. SOURCES OF IGNITION. All electrical equipment used, installed or maintained within fifty (50) feet of a drilling rig, within twenty-five (25) feet of a producing well, within the diked area or within twenty-five (25) feet of any oil tank, within any oil or testing laboratory, within any pumping sta- tion, absorption plant, refinery or other oil installations shall be installed and maintained in accordance with regulations of the Calif- ornia Electrical Safety Orders, Article 22, Hazardous Locations, Class 1, Division 2, which are hereby adopted, and. by reference made a part of this code as though set forth fully herein. No stationary internal combustion engine, storage tank, boiler, pass through boiler, staem generator, direct fire heater, gas or oil burn- ing device, spark producing device or other open flame shall be lo- cated closer than twenty-five (25) feet from a producing well head . During drilling operations no internal combustion engine or non- explosive-proof electric motor on an adjoining oil well shall be in operation within fifty (50) feet of drilling operations . Internal combustion engines used in drilling and production units shall be exempt from these regulations . S . 2339. 1 "No Smoking" Signs . "No smoking" signs .will be posted and maintained in all locations subject to "no smoking" regulations . All signs shall have letters four (4) inches in height, with readily visible locations approved or designated by the Fire Marshal. Such sign lettering shall be in red on a white background, or in white on a red background . S . 2339.2 Oil Storage Tanks . All tanks installed after the effec- tive date of this. chapter used for the storage or produc- tion of oil, or the disposal of waste water shall conform to the fol- lowing requirements and specifications and be placed in the following location with respect to other structures and property, or lease lines: ( 1) A.P.I. Specifications . All tanks shall conform to A.P. I. specifications within one (1) year after the effective date of this chapter, unless other specifications are approved by the oil field superintendent. (2) Structural Requirements . No operator, agent or per- son in charge or control of, or having any interest in or owning, either in whole or in part, any tank or similar structure on any pre- mises in this city, whether such interest is as operator, principal, agent, servant, employee, or otherwise, shall cause, allow, or permit any such tank or similar structure to be constructed, erected, main- tained or permitted to remain upon such premises unless said tank or r. structure is at all times composed of sound, structurally safe mater- ials which are free from rot, rust and structural defects . S . 2339.2 ( 3) OIL BUSINESS (3) Safety Walls . Within six (6) months after the effec- tive date of this chapter, all operators , persons , firms or corpor- ations owning, operating or having control of storage tanks , clarifying tanks or tanks used in the production of oil within the city, shall construct and maintain safety walls or compacted earthen berms around such tanks . There shall be no openings in, through, or underneath said safety walls . The capacity requirements of safety walls or berms around tanks shall be one hundred percent ( 100%) capacity of the two largest tanks in- side said safety walls or berms . S . 2339. 3 Removal of Wooden Construction. Within six (6) months after the effective date of this chapter, all wooden pro- duction equipment, including walking beams and storage tank stairways and. walkways, except wooden cellar coverings , shall be removed and replaced with suitable metal or noncombustible construction. S . 2339.4 Pulling Masts and Gin Poles . Removal Of. All well ser- vicing equipment or portable pulling masts or gin poles shall be removed from the lease or property and returned to the ser- vice yard within seven (7) days after completion of well servicing operation. S . 2339.5 Service Yard.s . Every owner, operator, oil compamy, sales company, service company, processor, trucker, supplier, or other allied agency shall maintain a service yard or area in a properly zoned or approved area for the purpose of storage, handling, servicing, repairing or manufacture of all drilling and production equipment, supplies or services . All equipment shall be stored in the service yard, and such service yard shall be fenced in accordance with requirements of the provisions of Division 9 of the Huntington Beach Ordinance Code . S . 2339.6 Pulling Line Stripper. All pulling or bailing wire line shall be adequately stripped and other precautions taken to prevent fluid from being carried on the line over the block to prevent spraying adjoining houses , building, streets, sidewalks or property. .BUSINESS OI-L S . 2340 ARTICLE 234 CLEAN UP AND MAINTENANCE S . 2340 CLEAN UP AFTER WELL SERVICING. Immediately after com- pletion of well-servicing or abandonment operations the owner, operator, manager, pumper or superintendent shall remove all oily rags , waste materials, oil and debris, pump out the cellar and clean up the lease and repair all damage to public property caused by such servicing or abandonment operations . S . 2340. 1 Clean Up After Spills , Leaks , Malfunctions . Immediately after any spill,. leak or malfunction the owner, operator, manager; pumper or superintendent shall remove or cause to be removed to the satisfaction of the oil field superintendent, all oil and waste materials from any property affected by such spill, leak or mal- function, be it public or private property. S . 2340.2 Releasing of Fluids . No person shall deposit, place, discharge or cause to be placed, deposited or discharged any oil, naptha, petroleum, asphaltum, tar, hydrocarbon substances , or any kindred substances or any water mixed with any such substances or any refuse from any oil well or the contents of any sump hole or other container used in connection with an oil well in, into, or upon a storm drain, ditch, sewer or sanitary drain or sewer or into any portion of the Pacific Ocean within this city or upon any private property in this city, in such a manner that the same will run into or upon any irrigating ditch or storm drain or sanitary drain or sew- er of this city. S . 2340. 3 Seismic Petroleum Prospecting . Seismic petroleum pros- pecting, including the vibroseis and dinoseis methods , is prohibited in all areas of the .City of Huntington Beach. S . 2341 OIL WELL MAINTENANCE. Any person operating an oil well within the City of Huntington Beach shall keep the oil operation site on which said well is located free from rubbish, debris , trash or any other waste material, and shall keep all structures of any type whatsoever located. on said. operation site painted and main- tained in a clean, neat and. sanitary condition. S . 2342 ODORS PROHIBITED. No operator shall operate an oil well in such a manner that allows it to emit odors that are, or will be, offensive to the surround.ing neighborhood . S . 2343 GAS EMISSION OR BURNING PROHIBITED. No operator shall allow any gases to be vented into the atmosphere or to be burned by an open flame unless otherwise provided by law. S . 2 44 WALL AND GATES REQUIRED. No person owning, having posses- sion of or in control of any oil operation site in the city shall maintain or allow to exist in connection therewith any moving parts of operating machinery in use or intended to be used at such oil well site, including all drilling or production equipment, unless such machinery and moving parts, is entirely enclosed by a minimum six (6) foot high decorative masonry wall with a gate for ac- cess, except that upon filing an application to the Commission for administrative action, the Commission may approve the use of substi- tute materials which, for safety reasons, shall be at least as secure as a chain link fence . The Commission may condition such approval. S . 2344. 1 OIL BUSINESS S . 2344.1 Within four years of the effective date of this chapter, the operator of the oil operation site shall construct a minimum six (6) foot high decorative masonry wall with a gate for access, said wall to be constructed entirely around said oil opera- tion site, except that upon filing an application to the Planning Commission for administrative action, Commission may approve the use of substitute materials which, for safety reasons, may be at least as secure as a chain link fence . The Commission may condition such approval. S . 2344.2 Locked Gates Required . The gates to any oil operation site shall be locked with a padlock at all times during which the oil operation site in unattended . S . 2344. 3 Access . There shall be no more than one point of ac- cess to any oil operation site for each street upon which said site may front unless an additional access point is approved by the Board of Zoning Adjustments upon application for administrative review. S . 2345 LANDSCAPING REQUIRED. Within four years from the date of this chapter, all front setbacks and exterior side yard setbacks of areas which are created by the placement of a wall required by Section 2344 shall be landscaped and permanently main- tained . All landscaping provided pursuant to this section shall be approved by the Board of Zoning Adjustments . S . 2346 AUTOMATIC SPRINKLERS PROVIDED. Within four years from the date of this chapter, all landscaping installed on any oil operation site shall be maintained by an automatic sprinkler system or other adequate irrigation system as approved by the Board of Zoning Adjustments upon application for administrative review. S . 2347 BURIED PIPELINES . No person or persons shall lay or maintain any pipeline whatsoever leading from any oper- ation site that is not entirely buried beneath the ground surface . S . 2348 The requirements of Sections 2344. 1, 2345, 2346 and 2347 are subject to the following: ( 1) The Board of Zoning Adjustments, upon application for administrative review filed by the oil operator, may extend the time referred to above for a period not to exceed one year upon ap- proval of such application. The Department of Oil Field Control shall submit a written report and recommendation to. the Board prior to the Board 's action upon such application. No approval shall be given unless the Board f ind.s that the extension of time for conformance of the oil operation site with any one or more of the above referred to sections shall not cause the oil operation site to be incompat- ible with the surrounding area for the period of such extension. Such application may be conditionally approved and the time for con- formance may be extended for an additional one year period provided requests for each such extension are received before determination of the preceding one year period. Each such extension may be conditional. BUSINESS OIL S . 2348 (2) (2) The Board. of Zoning Adjustments , upon application for a use permit filed by the oil operator, may extend the above per- iod for conformance of any one or more of said sections for a per- iod of two or more years upon finding that such extensions of time with respect to any one or more of such sections shall not make the oil operation site incompatible with surrounding areas for the per- iod of such extension. The Board may condition such use permit. S . 2349 FAILURE TO COMPLY. Failure to comply with the time per- iod set out above in Sections 2344. 1, 2345, 2346 and 2347 shall be hereby declared and deemed to result in a public nuis- ance upon the oil operation site whereon such failure occurs , and may be abated as such by appropriate civil or criminal action. S . 2351 OIL BUSINESS ARTICLE 235 WASTE WATER SYSTEM S . 2351 WASTE WATER SYSTEM. For the purpose of handling industrial wastes from oil and gas wells including waste water and brine, the oil field department shall issue a sewer connection per- mit to deposit such waste water and brine into the sanitary sewer system of this city, provided such industrial waste does not con- tain more than two hundred parts per million by weight of any crude, distilled or refined petroleum products , mud, rotary mud, oils, fat, grease or other residuary products mentioned in the Fish and Game Code of the State of California; and provided further that such in- dustrial wastes be handled through a clarification system approved by the Department of Oil Field Control. Insofar as the provisions of Article 314 of the Huntington Beach Ordinance Code relate to oil matters , where inconsistent with the provisions of this Chapter 23, the provisions of Chapter 23 shall prevail. S . 2352 APPLICATION FEE. A verified application for such sewer connection. permit shall be filed with the Department of Oil Field Control together with a fee of One Hundred Dollars ($100) per sewer connection. S . 2352. 1 Contents of Application. Property Description. Said. application shall contain a description of the property upon which said water or waste water is located, the name of the owner of the property, the point where the water will be discharged into said sanitary sewer, the location of the clarifying plant, type of plant to be used, including plans and specifications approved by the Department of Oil Field Control, and the method. of clarifying and settling the objectionable substances from said water, including plans and specifications of waste water settling systems . S . 2353 EASEMENTS . PROMISE TO INDEMNIFY. If said waste water is to be conducted over private property other than the oil leasehold belonging to persons other than applicant, written permission from the owner or owners of said property together with an agreement on the part of the applicant to indemnify and hold harm- less the city and its officers and. employees from any liability ac- cruing to this city, its officers or employees on account of the granting of said. application shall be presented with the application, subject to approval of the Office of the City Attorney. S . 2354 PERMITTEE TO PAY COSTS . All costs incurred by the per- mittee and all damages to city property by reason of permittee connecting to or closing out any of his connections to city property shall be at permittee 's sole cost and expense . S . 2355 GATE VALVE. The discharge line shall have a gate valve, located at the point of discharge, capable of being locked . BUSINESS OIL S 2356 S . 2356 RULES FOR LAYING DRAIN PIPE TO SANITARY SEWER. The drain from the clarifier tank to the public sewer shall be laid on an even grade and straight with a fall of not less than one-quarter of an inch per lineal foot to a point on the line where an elbow may be placed from whence the said drain shall descend. to the "Y" on said sewer at an angle of ninety (90) degrees . All drains connected with the sewer shall be . of vitrified salt-glazed sewer pipe of the best quality and of not less than four (4) inches in internal diameter; all joints therein shall be neatly made with Portland cement composed of one part of said cement and two (2) parts of clean sand., and. said joints shall be carefully swabbed out; all work must be left uncovered until the same has been properly tested and inspected . All changes in drain pipe must be made with one-eighth bends of "Y" and one-eighth bend; "Ts " are allowed in drain work. All sewer laterals extending to the public sewer shall be laid at a depth of not less than three ( 3) feet at the property line . The sewer connection to the sanitary system shall be properly vented . S . 2361 OIL BUSINESS ARTICLE 236 IDLE WELLS S . 2361 An oil well shall be an idle well in the following sit- uations: ( 1) If it produces less than twenty (20) barrels of crude oil or other hydrocarbon substances or less than 100,000 cubic feet of gas for sale, lease use, or storage within any ninety (90) consecutive day period commencing on or after the effective date of this chapter; or (2) If production thereof of oil, gas, and other hydro- carbon substances has ceased with intent of the operator, and/or well owner to cease production permanently. (3) Injection or disposal wells shall not be deemed idle pursuant to the above subsections ( 1) and. (2) . S . 2362 PRODUCTION REPORTS . The operator of any well shall file with the oil field department, during the first thirty ( 30) days of each quarter, for the last preceding calendar quarter, a statement in such form as the oil field superintendent may designate, showing: ( 1) The amount of oil and gas produced from each well during the period. indicated and. the number of days during which fluid was produced from each well. (2) The number of wells drilling, redrilling, producing, idle, and owned or operated by such person. ( 3) In lieu of the above, the operators may submit to the oil field superintendent copies of State of California Department of Oil and Gas, Form 110 Report, as submitted to the State Department of Oil and Gas . (4) Oil operators and/or buyers of gas from wells in Huntington Beach shall be required to meter such gas for inspection and review by the oil field superintendent when the latter requests same . S . 2362.1 Failure to Report Production. Failure to report produc- tion as required by the above provision, shall consti- tute a misdemeanor and subject the parties failing to report, to the provisions of Section 2309 of this chapter. S . 2362.2 False Reports . Filing a false, fraudulent, or intention- ally inaccurate report shall constitute a misdemeanor punishable by fine, imprisonment or both as set forth in Section 2309 of this chapter. S . 2363 REMOVAL OF IDLE EQUIPMENT. When a well is determined o be an id e we pursuant to Section 2361 of this code, the surface area of said well site shall be cleaned pursuant to the following: BUSINESS OIL S . 2363 ( 1) (1) Notice shall be sent by the oil field superintendent, by registered or certified mail, to the owner of the fee simple inter- est in the land on which such well is situated as shown on the last equalized assessment roll, and to the owner of the mineral rights on which such well is situated as shown on the last equalized asses- sment roll, and the operator of such well as indicated on either the records of the State Division of Oil and Gas, Department of Natural Resources or the records of the Department of Oil Field Control. Once the notice is sent, the well or wells specified therein may not be activated unless the requirements of Article 237 of the Huntington Beach Ordinance Code are adhered to and. satisfied . (2). Content of Notice . Said notice shall indicate the name and location of the well in question and a statement by the oil field superintendent of the reasons why such welt: is deemed to be an idle well as defined by Section 2361 of this code . The notice shall constitute a "Notice to Abate a Public Nuisance" pursuant to Section 373(a) of the California Penal Code . (3) Within ninety (90) days after said notice has been given, the parties to whom the notice has been sent shall clean and restore the well and drill site and surface in conformity with the following requirements: (a) The derrick and all appurtenant equipment thereto existing above the surface of the ground level shall be removed from the drill site . (b) The drilling and production equipment, tanks , towers and other surface installations shall be removed from the drill site or tank farm site . (c) All concrete, pipe (except tubing head ) , wood and other foreign materials existing above or on the surface of the ground level shall be removed from the drill site or tank farm site . ( d) All oil, waste oil, refuse or waste material including debris, junk, unkempt and accumulated. piles of miscellaneous material shall be removed from the drill site or tank farm site . (e) The rathole and all holes, depressions and sumps shall be cleaned out of all foreign material (except well cellar walls ) regardless of depth and filled and. packed with clean native earth. ( f) The well head shall be capped with a blind flange and a minimum of one-inch steel bleeder valve shall be installed, which shall be locked in a closed position. (4) The time period. provided for compliance herein shall. be suspended from the date an appeal is filed pursuant to Section 2304 of this code, until final decision is rendered. on said appeal. (5) Wells Producing Gas Only. Within ninety (90) days of the effective date of this chapter all operators with wells pro- ducing gas only, shall remove all equipment unnecessary for the production of gas from the operation site . S . 2364 OIL BUSINESS S . 2364 ABANDONMENT PROCEDURE. Whenever "abandonment" occurs pursuant to the requirements of the State Department of Oil and Gas, the party so abandoning shall be responsible for the restoration of the drill site and oil operation site to its original condition as nearly as practicable in conformity with the regulations of this code, including the following requirements: (1) Well Requirement. The responsible party shall fur- nish the superintendent with: (a) A copy of the approval of Division of Oil and Gas, Department of Natural Resources, confirming compliance with all aban- donment proceedings under the state law; and (b) A notice �Df intention to abandon under the provis- ions of this section and. stating the date such work will be commenced . Abandonment may then be commenced on or subsequent to the date so stated.. (2) Surface Requirements . Abandonment shall be approved by the superintend.ent after restoration of the drill site and the sub- surface thereof has been accomplished in conformity with the following requirements: (a) The derrick and. all appurtenant equipment thereto shall be removed from the drill site . (b) All tanks , towers and other surface installations i shall be removed from the drill site . i (c) The oil well casing shall be cut off at bottom of cellar, and if there is no cellar, six (6) feet below the drill site grade at the cellar, but in no case below sea level. Nothing shall be replaced in the hole above the point of cut-off until the cut-off j has been inspected by the superintendent and by him found to be in compliance with all applicable provisions of law. i (d.) All concrete, pipe, wood and other foreign mater- ials shall be removed from the drill site to a depth. of six (6) feet below grade, unless it is a part of a multiwell cellar that is being used in connection with any other well for which a permit has been issued . i (e) The top twenty-five (25) feet of the remaining cas- ing, including the annulus, shall be filled with a cement plug. (f) A steel cap of not less than the same thickness of the casing shall be welded. to the casing around the entire circum- ference of the well casing. (g) All holes and. depressions shall be filled and. packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site . ( 3) As to wells abandoned prior to the effective date of this chapter, before construction or improvement work is to occur on the for- mer oil leasehold or drill site, the surface requirements of this sec- tion shall be met . BUSINESS OIL S . 2371 ARTICLE 237 NUISANCE ABATEMENT S . 2371 DECLARATION OF NUISANCE. WHEREAS, oil well structures , and appurtenances which abound in the City of Huntington Beach, are unsightly and impair the scenic beauty of Huntington Beach; and The conditions on or about oil well sites often constitute a hazard to the health and safety of the public; and Such structures and equipment are often left dormant and idle; and . The existence of these and other similar unsightly conditions is within the common knowledge of those persons who live in and travel through the city and view its various areas; and These conditions have a considerable detrimental effect on a substan- tial number of other properties including, but not limited to pollution and diminution of surrounding property values; and Huntington Beach is one of the fastest-growing cities in the nation, is continuing to grow at a rapid rate , and., in addition, said city attracts five million visitors per year, and therefore, the afore- stated conditions will detrimentally involve a growing number of people and property in the city; and The abatement of such conditions will enhance the appearance and value of the blighted properties and, abatement of such conditions will also appreciate the value and appearance of residential prop- erties in the general area, and ultimately will improve the image of Huntington Beach as a city of beauty and progress; and The abatement of these conditions is in the best interest of the health, safety, morals and general welfare of the citizens of the City of Huntington Beach. Now, therefore, the oil field superintendent shall compile lists and descriptions of such property on and about the area upon which there exists or did exist oil well structures and appurtenances whereon there exists the aforesaid conditions , including but not limited to, property upon which there is waste, junk, trash, debris , lumber and any conditions not maintained in a clean, neat and san- itary condition, and/or idle wells and equipment, deteriorating and defective structures, all of which constitute, and are hereby further declared to constitute, a public nuisance . The creation and/or main- tenance of a public nuisance hereunder shall constitute a violation of the Huntington Beach Oil Ordinance . S . 2371. 1 Upon completion of the aforementioned lists and descrip- tions of lots, the oil field superintendent shall mail or serve a notice to abate a nuisance on the property owners, and/or lessees of surface or mineral rights, and/or oil operators or occu- pants thereon. S . 2371 .2 OIL BUSINESS S . 2371 .2 Form of Notice . The notice is to be sent by the oil field superintendent and shall be as follows: Notice is hereby given that pursuant to Chapter 23 of the Huntington Beach Ordinance Code , the City Council has declared conditions such as those on the property at to constitute a public nuis- ance, which must. be abated by the removal of the objectionable material or conditions . Otherwise, it will be removed and the nuisance abated by the city, and the cost of removal assessed upon the lands and buildings from or in front of which the rubbish, re- fuse, etc . , are removed, and shall constitute a lien upon such land until paid . All those notified who have any objections to the pro- posed removal of the above material are hereby noti- fied to attend the meeting of the Huntington Beach City Council in the Council Chambers of City Hall on the day of , 197 , when such objections shall be heard and given due con- sideration. S . 2371 . 3 Hearing and Resolution. Upon termination of the hearing, the City Council, if it finds a nuisance, shall pass the appropriate resolution, directing action on said lots , which res- olution shall read as follows: RESOLVED by the City Council of the City of Huntington Beach, whereas the City Council caused written notice to be sent to the recipient as listed on the lists of lots , to clear said lots of the objectionable matter; and All parties desiring to object to said notice were heard on this day of la7 NOW, THEREFORE, it is ordered that the oil field superintendent abate the nuisance and assess the cost to those responsible for the property as per the above lists, as approved . S . 2371.4 Work. Costs Report . Hearing on Assessments . Reso- lutions . (1) The lot-cleaning work shall proceed under the di- rection of the oil field superintendent and may be done by city forces or private contractor. I� (2) The individual in charge of the work shall keep a record and account of the costs of abatement . (3) Upon completion of the work, a report shall be sub- mitted to the City Council and a hearing date set . BUSINESS OIL S . 2371. E (4) (4) The parties to be assessed shall receive by mail fifteen (15) days prior to the hearing, the following notice to be sent by the City Clerk: NOTICE IS HEREBY GIVEN that on the day of , 197 , at the hour of p .m. , in the Council Chambers , City Hall, Huntington Beach, California, the City Council of the City of Huntington Beach will hear and pass upon the report of the oil field superintendent containing the pro- posed sum to be assessed against the following-des- cribed property for abatement of the nuisance thereon; and when and where it will hear all objections or protests which may be raised by any party liable to be assessed for the costs of abatement, and any other interested persons, and that any person interested may file written protests with the City Clerk any time prior to the time set for such hearing on said report . Each such protest shall contain a descrip- tion of the property in which the person signing is interested and the grounds for' such protest . The property upon which the assessment is proposed to be levied is described as follows: (DESCRIPTION) The proposed assessment is the sum of words (5) A copy of the work-and-costs report of the oil field superintendent shall be posted for at least three ( 3) days prior to its submission to the City Council on or near the bulletin board on the front entrance of the Finance Building with notice of the time of submission. (6) Upon completion of the hearing, the Council shall resolve accordingly as follows: RESOLVED by the City Council of the City of Huntington Beach that pursuant to Resolution No . of the City Council of the City of Huntington Beach, adopted on the day of , 197 , the oil field superintendent of the City of Huntington Beach caused the abatement of the nuisance by cleaning the lots indicated on the final list, attached hereto and by reference made a part hereof; and The oil field superintendent has filed with the Clerk of the city a report of such work; and Public hearing was held by this Council on the day of , 197 , at the hour of �'. p.m. , in the Council Chambers , City of Huntington Beach, after notice duly published and mailed in time , form and manner required by law; and S . 2371 .4 (7) OIL BUSINESS This Council has acquired jurisdiction to order confirmation of the proposed assessments ; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find, determine and order as follows: (a) The report of the oil field superintendent is hereby confirmed . (b) The sum of money listed as the costs of abatement, as indicated on the attached lists and incorporated herein, shall constitute a lien for the amount of such assessment . (c) Notice to pay such assessment shall be sent to part- ies liable to be assessed . ( d) Notice of lien shall be filed in the office of the County Recorder for each parcel on the final list, and. when recorded, shall be delivered by the oil field superintendent to the county con- troller and assessor who is expressly authorized to enter the amount thereof in the county assessment book opposite the description of said parcel, and thereafter such amount shall be collected at the time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedures under foreclosure and sale in case of delinquency, as provided for ordinary municipal. taxes . (7) No property owner shall be held liable for the cost of nuisance abatement unless said owner is also conducting oil oper- ations on the property upon which the nuisance exists . In those cases where an oil lease supersedes the right of the property owner to come upon the leased premises and effectuate work thereon, the cost of nuisance abatement thereon shall be assessed only against such leaseholder. S . 2371 .5 Amounts Received . The oil field superintendent may re- ceive the amount due on the abatement costs and issue receipt any time after the passage of the foregoing resolution and until thirty (30) days before taxes are collected . S 2371.E Notice to Pay Assessment . The notice to pay assessment referred to in subparagraph (6) (c) of Section 2371 .4 of this code shall be as follows: NOTICE TO PAY ASSESSMENT Notice is hereby given to the parties liable to be as- sessed to pay the costs and expenses for the abatement of a public nuisance at in the sum of words ($ ) , and the same shall be a lien on said property until the sum has been paid in full and dis- charged of record . ti BUSINESS O:LL S 2,471 .7 The real property upon which a lien is claimed is that certain pa,r•ce 1 o f'. land lying and being in the City of Euntington 1-�ea,ch , County of Orange , State of Calii'ornia, and part;Gula.rly described as .follows: (DF >C1ZfTfON) DATED: Oil Field Superintendent S . 2371.7 Paid Assessments . If the monies for assessments are paid, when received by the Finance Department, said department shall issue receipt therefor and inform the county auditor to remove said assessments from the tax roll in accordance with payment received . S . 2371 .8 Notice of Lien. Form. The notice of lien, referred to in subparagraph (6) (d.) of the resolution contained in . Section 2371 . 4 of this code shall be as follows: NOTICE OF LIEN Pursuant to the authority vested in the oil field super- intendent, and resolutions of the City Council of the City of Huntington Beach attached hereto , said official did, on or about the day of , 197 , cause the abatement of the nuisances located at and the oil field superintendent of the City of Huntington Beach did assess the _cost: of such work against the parties , served the order to abate , and the same has not been paid or any part thereof, and the City of Huntington Beach does hereby claim a lien on the property of those_ served for the net expense of abating the nuisance in the amount of said assessment; : to wit, the sum of (words) ) , and the same shall be a lien on said real property until the sum has been paid in full and discharged of record . The real. property upon which a lien is claimed is that certain parcel of land lying and being in the City 01, Huntington Beach, County of Orange , State of California, and particularly described as follows: (DESCRIPTION) Dated: I � Oil Field Superintendent r S . 2372 OIL BUSI NMI SS S . 2372 ADDITIONAL RENED:IES . As to any lots or pr•ope.rty declared to be a nuisance hereunder, the City Attorney of the C:i.Cy of Huntington Beach may proceed to abate the same by filing a civil action to abate a nuisance against the owners , or oil operators , or - . lessees or occupants thereon . S . 23 � SEVERABTLTTY. Tf any section, subsection, sentence , clause , or phrase o t' phis chapter is for any reason held to be in- valid or unconstitutional by the decision of any court of.' competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the chapter . The City Council of the City o ' Hunt- ington Beach hereby declares that it would have passed this chapter and each article, section, sentence, clause or phrase thereof, and any amendments or revisions thereto, irrespective of the fact that any one or more sections, subsections , sentences , clauses or phrases , or amendments or revisions thereto may be declared invalid or uncon- stitutional. BUSINESS OIL S . 2391 - ARTICLE 239 ACTIVATION OF NONPRODUCING OIL WELLS 1559- 70 S . 2391 ACTIVATION OF IDLE WELLS PROHIBITED. No person or operator shall activate or put into production an oil well within the City of Huntington Beach after notice has been given that such well is deemed to be an idle well pursuant to Section 2363 of this code, or any well whose drill site has been cleaned and restored in accordance with such Section 2363, unless an activation permit has been first obtained pursuant to the provisions of this article . S . 2392 ACTIVATION PERMIT REQUIRED. The operator of any well subject to provisions of this article may file with the Department of Oil Field Control an application for activation of such well. In the case of a. well whose drill site has not been cleared and restored, as required by Section 2363 of this code, such application shall be filed within twenty (20) days after the date of notice given pursuant to Section 2363 of this code, or within twenty (20) days after determi- nation of appeal therefrom taken under Article 238 of this code, or within twenty (20) days after the effective date of this ordinance, whichever last occurs . In the case of any well whose drill site has been cleaned and restored, as required by Section 2363 of this code, the application for permit under this article may be filed at any time . S . 2393 APPLICATION FEE. No permit application shall be accepted by the Department of Oil Field Control unless a permit appli- cation fee in the sum of Fifty Dollars ($50.00) , payable to the City of Huntington Beach, is paid when such application is presented for filing. Such fee is not refundable . S . 2394 REFERRAL. Upon receipt of such application and fee, the Department of Oil Field Control shall refer the application to the Board of Zoning Adjustments of city and shall transmit the fee to the city Finance Department . S . 2395 REPORT AND RECOMMENDATION OF OIL FIELD SUPERINTENDENT. - Within ten 10 days after such application is filed, the Oil Field Superintendent, or his representative, shall investigate the matter and shall make a report and recommendation in writing to the Board of Zoning Adjustments . The Board shall consider such report and recommendation prior to taking action on the application . r. S . .E396 OIL BUSINESS S . 2396 ACTION BY BOARD. The Board of Zoning Adjustments shall have authority to approve, conditionally approve or deny the application for permit . However, the Board shall not approve, or, conditionally approve such application unless and until it finds all of the following: (a) That the property on which such well is located is zoned for oil production at the time the application is made; or A conditional exception to permit oil production has been granted at the time such application is made . (b) That prior to the approval or conditional approval of such appli- cation, applicant has complied with and completed all applicable provisions of Article 968 of this code with respect to the prop- erty on which such well is located , notwithstanding the noncon- forming oil operation provisions contained therein. Applicant shall submit a plot plan to the Board , showing that the oil opera- tion and property comply with such applicable provisions of Article 968 of this code . (c) The applicant is not in violation of any provision of the Hunting- ton Beach Ordinance Code- at the time said application is acted upon by the Board . S . 2397 TERMINATION OF APPLICATION. The application shall be deemed denied ninety . 90 days after the date of its filing. The Board may extend the period of time in which action may be taken on SO the application for one (1) . additional ninety (90) day period . S . 2398 CONDITIONS . The Board of Zoning Adjustments may impose any conditions which it may deem necessary to insure compliance by the operator with the provisions of the Huntington Beach Ordinance Code . S . 2399 ISSUANCE OF PERMIT. When action has been taken by the Board upon the application, the Board shall transmit its findings, together with its approval, conditional approval or denial of such application to the Department of Oil Field Control, which shall issue a, permit in accordance therewith, or give notice to applicant of the denial of such permit . S . 2399. 1 Revocation of Permit . The Oil Field Superintendent shall revoke any permit for activation of idle well granted under this article when the Board of Zoning Adjustments, after notice and hearing as provided by this article, has found the following: ' (a) That the operator of said idle well is in violation of the Huntington Beach Ordinance Code (neither prosecution nor convic- tion is necessary to such finding) ; or (b) That the operator does not have, paid and in force, all licenses and/or permits for such well as required by this code; or (c) That the operator of said idle well has failed to comply with any of the conditions attached to the permit; or BUSINESS OIL S . '399. 1 (a ) (d ) That the idle well has not commenced production within ninety (90) days following issuance of permit; or (e) That the well for which the permit was granted continues to be or becomes an idle well, as defined in Article 233 of this code . e S . 2399.2 Hearing . No permit issued under this article shall be revoked without a. hearing being first held by the Board of Zoning Adjustments after ten (10) days written notice of such hearing to the operator of such well. S . 2399.3 Notice of Revocation . When the Board of Zoning Adjustments, after hearing as herein provided, determines that the permit shall be revoked pursuant to Section 2399. 1 of this code, the Oil Field Superintendent shall revoke such permit and give written notice of such revocation to the operator. S . 2399.4 Effect of Revocation. Upon the service of notice of revoca- tion upon the operator, the operator shall 'clean and restore the drill site and surface thereof, as required by Section 2363 of this code, within ninety(90) days after such notice has been served . S . 2399.5 Appeal. Any decision made under this article may be appea.lec to the City Council in accordance with the procedures set forth in Sections 2383 and 2384 of this code, in the same manner as if the decision appealed from were made by the Huntington Beach Oil Field 'ft Superintendent . S . 2399.6 Severability. If any section, subdivision, sentence, clause, phrase, or portion of this article, or the application thereof' to any person, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its application to other persons . The City Council hereby declares that it w:Duld have adopted this article and each sub- section, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fast that any one or more sections, subdivisions, sentences, clauses, phrases or portions or the application thereof to any person be declared invalid or unconstitutional . S . 2399.7 Penalty. Any person convicted of a. violation of any pro- visicn of this article shall be punishable by imprisonment in jail for a. pericd not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ($500) , or by both such fine and imprisonment . S . 2399.8 References . All references in this article to this code or any section of this code include future amendments thereto. BUSINESS DANCE HALLS S , 2411 CHAPTER 24 DANCE HALLS ARTICLE 241 . PERMIT 242. . REGULATIONS 243 . PREMISES 244. PATRONS . 245 . ENFORCEMENT . ARTICLE 241 PERMIT S . 2411 Duty to Revoke Permit. In the event that any person holding a permit to conduct a public dance hall shall violate or cause or permit to be violated any condition of such permit, or any provision of this Chapter or any ordinance relating to or regulating the maintenance, conducting or carrying on of public dance halls or shall conduct such public dance hall, or otherwise cause or permit the same to be conducted, in an .illegal, disorderly or -improper ,manner, ' it shall be the duty of the Council to revoke such permit in the manner hereinafter provided; and such revocation shall be in addition to the other penalties provided for a violation of any of the -provisions of this Code . (230) S . 2412 Hearing: Notice : Service . -No such permit shall be re- voked until a hearing shall have been had by the Council in the matter of the revocation of such permit, notice of which hearing shall be given in writing and served at least three days prior to the date of such hearing, upon .the holder of such permit, .or his or its manager or agent, or person in charge of such public dance hall. So 2413 Form of Notice . Said notice shall state the ground of complaint against the holder of such permit, and shall also state the time when and place where such hearing will be had. S . 2414 Personal Service . Said notice .shall be served by deliver- ing the same personally to the .holder of such permit, - or to his or its manager or agent, or'-person in charge of such public dance hall, if either of them can be found . 5 . . 2415 Service by Mail. If the holder of such permit, or such manager, agent or person : in charge of such public dance hall, cannot after -due diligence be found in this City, and personal service of such notice cannot be made upon either of them, in the manner herein provided, in this City, then a copy of such notice shall be mailed postage prepaid, addressed to such holder of such permit at his place of business or residence , if known, at least three days prior to the date of such hearing, and if not known, then such copy of such notice shall be so mailed, addressed to such person : in the City of Huntington Beach. (230) ' S . 2421 DANCE HALLS BUSINESS .ARTICLE 242 REGULATIONS : S ; 2421 Hours . No person maintaining or carrying on a public dance hall, or having charge or control thereof, or employed in and about the same, shall hold, conduct or carry on, or cause or per- mit to be held, conducted or carried on any dance or dancing in .any . such public dance hall and/or dancing pavilion in this City between the hours of two o'clock A.M. of any day and 6 :00 o 'clock A.M. of the same day, except unop. special permission in writing, signed by the Chief of Police . (230 414) S . 2422 No person conducting, maintaining or carrying on a business , of having charge or control thereof, which permits public dancing to be allowed on its premises shall permit to be ,admitted on such business premises ajiy minor under the age of twenty-one (21) years , if any alcoholic beverages are consumed, dispensed or sold on said premises , unless said minor is accompanied and under the care at all times of his:-parent`-or parents or legal guardian. (1143) S . 2423 It is unlawful for any minor under the age of twenty-one .(21) years to enter or to be in or remain on any business premises of this city at any time when a public dance is in progress , or being held, conducted or carried on therein when any alcoholic beverages are consumed, dispensed or sold on the same premises , unless said minor is accompanied or under the care at all times in said dance hall, of his or her parent or parents , or legal guardian. (1143) ARTICLE 243 PREMISES ..S . 2431 Lighting . It is unlawful for any person conducting, main- taining or carrying on a public dance hall, or having charge or control thereof, or for any person employed in and about the same , to hold or .-Conduct, or -to cause or permit to be held or conducted, any dance or dancing in any dance hall after sunset of any day, unless such public dance hall be lighted or illuminated either by gas or electric light, or other means , in such manner and to such extent as is usual or customary for - lighting or illuminating halls or rooms of like dimensions in the nighttime for public assemblies , before any person is admitted thereto and before any dance or dancing is commenced therein. (230) S . 2432 Minimum Intensity of Light. The intensity of such lighting or illumination shall at no time be less than one candle power at. a. plane•: three feet above the floor of such dance hall at all parts .of :such hall. (230) .S . 2433 Continuity of Lighting. Such lighting or illumination shall be maintained thereafter throughout the entire time while such dance or dancing is in progress , without a diminution and without interruption, until such dance or dancing is concluded and until such hall is cleared and closed. (230) S . 2434 Tampering - with Lights . No person shall shut or turn off the lights or lighting, or reduce the intensity thereof below the minimum in this Article prescribed in any public dance hall .at any time after sunset of any day while a dance or dancing in in pro- gress or being -conducted therein, or during any recess or other inter- _;­;.,Y, ;- �.,„U A---- A---;".- /,)Ong BUSINESS DANCE .HALLS S. 2441 ARTICLE 244 PATRONS S . 2441 Allowing -Children:!in .Dance Halls . No •person conducting, maintaining or carrying on ,a -public dance hall, or -having charge •or -control -thereof, shall -permit to be admitted to such ,public -dance hall, or to dance •there.in, any minor -under -the age of sixteen years , at anytime -while :a dance or dancing -,is in progress or -being ,held, conducted - or carried on therein, unless said minor :is accompanied and under -the care at all times while :_in said dance hall, of :its :parent or --parents •or legal .guardian. (230, 233) S . 244.2 Children .in Dance Halls . It s unlawful .for any minor under age of :sixteen years to enter, or to .be or -remain -in -any -public dance hall. in this City at any time when a :dance or dancing is in.-progress or being held, conducted or carried on therein, or to dance therein, unless said minor ,--is accompanied and under the care :at -all times while.:in-said dance hall, : of his parent or -parents -or- .guardian. (230, 233) ,,S . . 2443 Allowing :Disorderly Person .in Dance Hall o -It is unlawful . for any,-person .maintaining, conducting .or carrying on any . public dance hall or -having charge or control thereof, or -for any ... person employed :in and about the same , to allow or -permit -any intoxicated, boisterous or disorderly person to enter. -be or -remain, or to dance in any such public dance hall. (230) S 2444 Duty to' Maintain Decorum. No person, as principal, agent or otherwise , .carryingon, maintaining or conducting a public dance hall or a public dance in this City shall _permit =any .•person or -persons to indulge _ in boisterous conduct or use profanity, or other- wise conduct himself- or -herself...in a vulgar or -indecent -manner -in such public dance hall or -in any of the hallways leading thereto. (230, . 587) :S . .2445 Indecorous -:Conduct. No -person shall, in any.. public dance hall or at any public dance , indulge in boisterous conduct or use profanity or otherwise conduct -himself or herself in a vulgar or -indecent manner --in such public dance hall or -in any of the hall- ways - leading :thereto, or in any anteroom or other public room adjunctive to and used as a part -or in connection with such dance hall for the use or -accommodation .of guests or -patrons . (230, 587) S . 244.6 Indecent Persons . No prostitute, male or female procurer, vagrant or -other -lewd or dissolute person who has pleaded :guilty to or been convicted within .one •year, of being .a vagrant, . shall be present in any public dance hall or at -any public dance . (230) ;.S . 2447 Signing ..of -Register. Every•. person .seeking .admission to a public dance hall or to any public dance shall, upon the request of the manager, : proprietor or doorkeeper, or .managing agent of the proprietor of such -:public dance hall or public dance, register his or her -true name, age and address: in his or her own handwriting, (230) . S o 2451 DANCE HALLS BUS-I-NESS ARTICLE 245 ENFORCEMENT -So 2451 Violation: Fine , Imprisonment . Any person who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof .shall be punishable by a fine or by imprisonment or by both such fine and imprisonment, as provided in this Code . .Se 2452 Revocation of Permit. Upon such conviction, any permit which may have been granted to such person to conduct, maintain or carry on any public dance hall, shall be rendered void ipso facto, and shall be revoked by the Council, as hereinbefore provided. (230) ..S . 2453 Exemptions : Noncommercial Dances . The provisions of this Chapter -shall not apply to any dance or ball given, held or conducted by any bona fide club, society, or association organized or -incorporated for benevolent, charitable, dramatic or literary purm poses , having an established membership of persons regularly elected or admitted thereto, and which shall hold meetings , other than such balls or dances , at regular stated intervals , when the proceeds arising from such ball or dance shall be intended to be and be used for the promotion of the purposes of such club, society or association, or to -any private dance or ball, held or conducted for social purm poses only and not for profit, to which persons are admitted or at which persons are allowed to dance without payment of a fee or charge therefor, except such as may be required for the purpose of defray- ing the actual expenses of holding or conducting such dance or ball. So 2454 Public Sale of Tickets . The provisions of this Chapter shall apply to any dance or ball, other -than a dance or ball of the character hereinbefore in Section 2453 referred to, when .invitations or tickets for admission to such dance or ball are sold or offered for sale publicly, or to the public generally. (230) BUSINESS MOTION PICTURE THEATERS S. 251. 1 CHAPTER 25 MOTION PICTURE THEATERS ARTICLE 251. GENERAL 252. PERMIT 253. Repealed - Ordinance 1894-1/74 ' 254. Repealed - Ordinance 1894-1/74 255. Repealed - Ordinance 1894-1/74 256. Repealed - Ordinance 1894-1/74 ARTICLE 251 GENERAL S. 2511 EXEMPTIONS. NONCOMMERCIAL EXHIBITIONS. The permit provisions of this chapter shall not apply to any motion picture exhibition room or auditorium in any school building or premises of any religious organization in this city which exhibition is being conducted under authority and direction of such school or religious organization. (1894-1/74) ARTICLE 252 PERMIT S. 2521 PERMIT REQUIRED. No person shall hold, conduct or carry on, or cause or permit to be held, conducted, or carried on, any motion picture exhibition, or any entertainment at which motion pictures are exhibited, without a permit therefor in writing, granted by the Council, as hereinafter provided. (152) S. 252_2_ APPLICATION FOR PERMIT. Any person desiring to obtain a permit to hold, conduct, or carry on a motion picture exhibition, or any entertainment at which motion pictures are exhibited, shall file an application in writing therefor with the Council, specifying the .place where such exhibition or entertainment is proposed to be held, conducted. or carried on, which said application shall be signed by the applicant. (152) S. 2523 BUILDING PREREQUISITES. No permit to hold, conduct or carry on a motion picture exhibition, or any entertainment at which motion pictures are exhibited shall be granted by the -Council unless the building or room in which said exhibition or entertainment is to be held or carried on, shall conform to all of the provisions of the Uniform Building Code and the Uniform Fire Code and any future amendments. or additions appertaining thereto. (1894-1/74) S. 2524 PERMIT PREREQUISITE TO LICENSE. The City Clerk shall not issue any license to hold, conduct or carry on a motion picture exhibition, or any entertainment at which motion pictures are exhibited, until the Council shall have granted a permit therefor, as provided in this Chapter. (152) S . 2525 Repealed. (Ordinance No. 1894-1/74) 9/7/7c, PAWN BROKERS,, JUNK DEALERS AND BUSINESS SECONDHAND DEALERS S. 2611 CHAPTER 26 PAWN BROKERS, JUNK DEALERS AND SECONDHAND DEALERS ARTICLE 261. PAWN.BROKERS 262. SECONDHAND DEALERS 263. JUNK DEALERS 264. JUNK COLLECTORS 265. CHARITABLE INSTITUTIONS 266. RECORDS ARTICLE 261 PAWN BROKERS S. 2611 Doing Business with 'Minor. No permittee engaged in man- aging, conducting or carrying on the business of a junk dealer, junk collector , secondhand dealer , secondhand dealer-jewelry, or pawnbroker, or his employee or agent shall receive, buy, trade, exchange, or otherwise acquire an interest in any goods or thing, from any person under the age of 18 years. Any statement made to such permittee, employee or agent by a person under the age of 18 years to the effect that he is over the age of 18 years, shall not excuse such permittee or employee from any violation of this pro- vision. S. 2611.1 Hours. A person engaged in conducting, managing, or carrying on the business of secondhand dealer, junk dealer , or junk collector shall not, and an agent or employee of any such person shall not, accept any pledge or loan any money upon personal property or purchase or receive any goods , wares , or mer- chandise or any article or thing, or in any manner whatsoever engage in or conduct any such business between the hour of seven o 'clock in the afternoon of any day and the hour of seven o ' clock in the forenoon of the following day. S. 2612 Definition. Pawn Brokers. "Pawn Broker" means any per- son engaged in any one or more of the following businesses (a) Pawnbroking (b) Lending money for himself for any other person upon personal property, pawns or pledges , in the possession of the lender. (c) Purchasing articles of personal property and reselling or agreeing to resell such articles to the venders or assignees at prices agreed upon at or before the time of such purchase. PAWN BROKERS, JUNK DEALERS AND S. 2b13 SECONDHAND DEALERS BUSINESS S. 2613 Definition. Pawnshop. A "Pawnshop" is any room, store, .� building, or other place in which the business of prawn- broker is engaged in, carried on, or conducted. S. 2614 License Required. Every pawnbroker shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. S. 2615 Hours. A pawnbroker shall not , and an agent or employee of a pawnbroker shall not accept any pledge, or loan any money on personal property, or purchase or receive any goods , or merchandise, or any article or thing whatsoever engage in or conduct the business of pawnbroker between seven p.m. of any day and seven a.m. of the following day. ARTICLE 262 SECONDHAND DEALERS S. 2621 Definition. Secondhand Dealer. "Secondhand Dealer" is a person, other than a used car dealer or dealer in secondhand books or magazines , engaged in conducting,managing or carrying on the business of buying, selling, or otherwise dealing in secondhand goods , wares , or merchandise, including gold, silver, ti platinum and mercury, but does not include a person who deos not sell or offer to sell, secondhand goods , wares , or merchandise except such as is received by such person as payment or part pay- ment for a new article sold by him. S. 2622 Secondhand Dealer License Required. Every secondhand dealer shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. PAWN BROKERS.,., JUNK DEALERS AND BUSINESS SECONDHAND DEALERS S. 2631 ARTICLE 263 JUNK 'DEALER-: S. 2631 Definition. Junk.--Dealer. "Junk Dealer" means a person, not an auto- wrecker and not an oil -tool exchange, having a fixed °place of business in` the County and engaged in conducting, managing, carrying on, or maintaining any place-where old rags , sacks , bottles , papers , metals , or other articles commonly known as junk, except gold or silver, or platinum or mercury, are gathered together, stored or kept for shipment , sale or transfer. S. 2632 License Required.. Junk Dealer. Every junk dealer shall first procure a license and pay an annual fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. ARTICLE 264 JUNK COLLECTOR . S. 2641 Definition. Junk Collector. "Junk Collector" means a person, not an itinerant oil tool exchange, and not having a fixed place of business in the County, who goes from house to house, or from place to place, gathering, collecting, buying, selling or otherwise dealing in any old rags , sacks , bottles , cans, papers , metal, including gold and mercury, or other articles commonly known as junk. S. 2642 Junk Collector. License Required. Each junk collector shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. PAWN BROKERS, JUNK DEALERS AND S. 2651 SECONDHAND DEALERS BUSINESS - ARTICLE 2.65 CHARITABLE--INSTITUTIONS S. 2651 Charitable Institutions. Any -institution or - organiza- tion -which is conducted, managed, or carried on ex- clusively for the benefit of charitable purposes from which no pro- fit is derived either directly or indirectly by any -person other than bona fide employees thereof which files with the Council, in addition to all matters and information otherwise provided for in this chapter, a certified copy of its articles of incorporation, if any, and a statement in writing, duly sworn to by one of its officers, setting forth the purposes of such institution- or organi- zation, which sworn statement includes a detailed statement as to its manner of doing business and dispensing charity, and other such information as the Board requires , may -obtain a business license , as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. S 2652 Charitable Institutions. Cards. Such charitable insti- tution or organization shall furnish to each-driver of every venicle used to collect junk for such institution, and to every individual employed to assist such driver, an identification card containing the name of the charitable institution or organiza- tion, the -name and complete description of the driver or individual employed to assist a driver, including age, sex, race, height , weight , complexion and color of eyes and hair.. ARTICLE 266 RECORDS S. 2661Definition, Buy=form. The term "Buy-form" herein -men- tioned shall be the-,name of the form or forms furnished by the Chief of Police to the licensee for the purpose of recording and furnishing by the licensee to the Chief of Police of the re- quired information relative to purchases , pledges, orconsignments. S. 2661.1 Buy-Form Required. Every licensee under this chapter shall at the close of each business day mail to the Chief of Police the "Buy-Form" or "Buy-Forms" made out during that day. Such "Buy-Forms" shall contain a full, true and complete re- 'port of all goods , wares, merchandise, or other things -on deposit , pledged or purchased, during that day, except household furniture,- used tires , used batteries , which household furniture, used tires or -used batteries were -taken in part payment for new tires or new batteries , and except merchandise originally sold new by the licensee and subsequently taken as a trade-in on other merchandise sold by the same licensee, and shall also contain other information required by the Chief of Police which, considering the type of business of the licensee, may assist in the detection of stolen property. PAWN BROKERS.;, JUNK DEALERS AND BUSINESS SECONDHAND DEALERS S. 2661.2 S.' 2661.2 Identification of Seller or Pledger. 'Every licensee under this chapter shall -enter upon the -"Buy=Form-" posi- tive identification furnished by` the -seller-, pledgemaker, or consignee, such as driver ' s license number, work badge -number , auto, or-'tract license number , junk collector ' s business license number, in addition to the individual 's true name and- address. In lieu of --the positive identification mentioned above, the licensee sha-ll--require the seller, pledgemaker, -or consignee to furnish a- plain impression print of his right index finger , or next finger in the event of -amputation, up-on the face side of the original sheet of -the "Buy-Form. " S. 2661.3 Identification of Seller or Pledger onR-esale. -Every person who sells , pledges , or consigns any property to any licensee in the course of business covered -by such license , ex- cept household furniture, used tires , or used -batteries , taken in . part payment for new tires or new batteries , and except merchandise originally sold new by the licensee and subsequently taken as a trade- in on other merchandise sold by the same licensee , shall furnish true, positive identification ,to ,,the licensee by which such person can be located by the Chief of Police. S. 2661.4 Records to -be -Re.tained Every licensee shall preserve for a period of two--years, a copy of the "Buy-Form" provided for that purpose, containing a carbon copy record there- on of the original writing made by the licensee, agent or employee, the original of which has been furnished to the Chief of Police. Every such- record and property pledged, purchased or received by such licensee shall be produced for inspection to any peace officer. S. 2661,5 Records of Chief of Police. The Chief of Police shall maintain a file of all reports received pursuant to the terms of this chapter for a period of two years and such reports shall be open to inspection by any peace officer. S. 2661.6 Goods to be Held. A person, other -than a used car dealer, shall not melt , destroy, sell or otherwise dis- pose of any article, goods , wares, merchandise, or thing obtained or used in any business for the conduct of which a license is re- quired by this chapter until fourteen days after making a report to the Chief of Police as required by Section 2661.1 that such article, . . goods , wares-, merchandise or thing has been purchased or- received by such person, firm or corporation. S. 2661.7 Goods not to- be- Destroyed. - A -foundry or junk dealer shall -not melt, destroy, sell or otherwise dispose of any metal purchased or received -by it which is, or by economically feasible repair can -be made usable for the purpose for which it was originally designed until twenty-one days after making a report. to the Chief of Police as required by Section 2661.1 that such metal has been received by the foundry or junk dealer. 1 PAWN BROKERS, JUNK DEALERS AND S. 2661.8 SECONDHAND DEALERS . BUSINESS . S. 2661.-S Goods not to be Altered. Until any article, goods , wares, -merchandise or thing pledged to or purchased by any licensee under this chapter are -held for the time required by this chapter or released by the Chief of Police, such licensee shall not clean, alter, repair, paint , or otherwise change the appearance of such- articles, goods-, wares , merchandise or things. At- all time- during business hours , he shall expose the same to public view. S. 2662 Goods Released by Chief of -,Police. The Chief of Police may release any property covered by this chapter which he inspects-, if after such inspection he is- satisfied that such prop- erty is in the lawful possession of the licensee. S. 2662.1 Hold Order by Chief of Police. The Chief of Police may place a hold"order upon any property acquired by the licensee in the course of his business for a period of ninety days , and up-on release of such property may require the licensee to keep a true record of such property and included therewith the true name and address of the person to whom- such property was sold-, or any other method of disposition. S. 2662.2 Exports A Licensee under this chapter shall not export from this country any goods , wares, merchandise, or things pledged to or received by such licensee in his capacity as licensee_ until the Chief of Police has inspected and released --such prop- -erty. S. 2662.3 Exem tion. Waiting Time. The waiting period mentioned in Section 2661.7 and he making of . "Buy-Forms" men- tioned in Section 2661.1 does not apply,-to-,property purchased from a licensee holding a similar County License, if in the sale of such property such licensee has complied with all the provisions of this ordinance. This section does not apply to purchase made by junk dealers from junk collectors. A junk collector ' s license is not similar to a junk dealer 's license. S. 2662.4 Exemption, Certain Articles. The provisions contained in Section 2661.4 and 2661.7 shall not be deemed to apply to the purchase or the sale by junk dealers or junk collectors of rags , bottles , other than milk or cream bottles , secondhand sacks, other than cement sacks , barrels , cans, shoes, lamps , stoves, or- household furniture (with the exception of sewing machines and musical instruments) , or the purchase or sale by secondhand dealers of house- hold furniture, with the exception of sewing machines , all musical instruments and typewriters. S. 2662.5 Exemption. Purchase from- Established- Business. The waiting period required by Section 2661.7 does not apply to property purchased on a bill of sale or invoice from a regularly established place of business. As used in this section, an estab- lished place of business means a place of business which has been dealing in the type of articles purchased at the same location for not less than two years. PAWN BROKERS, JUNK DEALERS AND BUSINESS SECONDHAND DEALERS S o 2662.6 S . 2662.6 A copy of this chapter shall be furnished each new licensee upon the first delivery of the "Buy-Form" by the Chief of Police, and the licensee must be furnished with all subsequent amend- ments that affect the type of business of the licensee . Additional copies of this chapter and amendments may be procured from the office of the Board by the licensee upon demand. S . 2662.7 Any person, firm, or corporation violating any of the pro- visions of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by impris.onment in the City Jail for a period of not more than six months or by both such fine and imprisonment. Each such person, firm or, corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violations of any of the provisions of this ordinance is committed, continued or permitted by such persons , firm or corporation and shall be punishable therefor as herein provided,. BUSINESS BATH HOUSES & MASSAGE PARLORS S: 2711 .__CHAPTER. 27_ BATH HOUSES AND MASSAGE PARLORS -(1213) ARTICLE 271 . General ARTICLE 272. Permit ARTICLE 273 . Rules and Regulations ARTICLE 271 GENERAL S . 2711 BATHS AND MASSAGES, Permit Required. No person shall engage in, conduct manage or carry on the business of giving steam baths , electric light baths , electric tub baths , shower baths , sponge baths , sun baths , or giving salt glows , or conduct, manage or carry on any place where such baths are given or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accomodations without a written .permit from the Chief of Police . No person shall operate a massage parlor or give fomentations , massage electric or magnetic treatment or alcohol rubs , or conductymanage or carry on any place where fomentations , massage,.electric or magnetic treatments or alcohol rubs are given without the written permit from the Chief of Police. No persons shall act as a masseuer or masseuse without a written permit from the Chief of Police . S . 2712 DEFINITION OF MASSAGE. For the purpose of this ordinance the term "massages' is construed to mean any manual manipulation of, or the application of a mechanical device to the . human trunk or limbs of another, except by a person holding an unrevoked certificate to practice the healing art under the laws of the State of California, S . 2713 EXEMPTION. The provisions of this Chapter shall not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person . licensed or permitted to practice any such art or profession under the provisions of the Business and Professions Code of California or of any other law of this State . S . 2721 BATH HOUSES &MASSAGE PARLORS BUSINESS ARTICLE 272 PERMIT S. 2721 APPLICATION FOR PERMIT. Each person, before obtaining a permit 'to carry on the business of, or work as a masseur or masseuse at baths and massages as listed above, shall make a written application to and upon blanks furnished by the Chief of Police, which shall be signed 'by such applicant. In addition to any other information which may reasonably be required by the Chief of Police, said application shall show the true name of the applicant, his fictitious name or names , . if any, his age, his present address in the City, or elsewhere, his proposed business address in the City, the name under wlA4h ,said applicant conducted any similar business , if any, and the place of his residence at such time, together-with such application. The applicant shall furnish a recent photograph of himself and his fingerprints to the Chief of Police. S . 2721. 1 The Chief of Police .shall issue such permit to such applicant if it shall reasonably appear to him, after investigation, that the applicant possesses good moral character and is a proper. person to conduct -or -work at such business . The Chief of Police shall issue such permit to the applicant or deny such application within sixty (6G). days from the date thereof. S . 2721. 2 Any applicant for a permit as defined in Section 2721 who is refused a permit by the Chief of Police may within ten (10) days of notice of refusal, appeal the refusal to the City Council . S . 2721.3 Investigation fees may be levied against said applicants and employees and subsequent employees thereof, when so- designated by City Administrator. Said fees shall be reasonable and based on standard set by the City Administrator, and shall be payable to the City Clerk prior to the police .investigation. Fees are not refundable. I S, 2722 REVOCATION OF PERMIT. The City Council may revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the said permittee or licensee has been convicted of, or has entered a plea of guilty to any violation of 4ie provisions of this section or any other law or ordinance of the City or State relating to such business , or upon the recommendation of the Chief- of Police. The Chief of Police may recommend revocation of any permit issued or grainted under 'Eection 2721 if, after investigation thepermittee is determined to be a person who is not of good morel 6haracter or who is determined not to be a proper person to conduct or work at said business , or upon receipt of r evidence that the permittee are operators engaging in immoral, improper or otherwise objectionable conduct or behavior. Whenever permit or license shall have been revoked under the terms of this section, no other application for a permit to carry on a similar business by such persons shall be considered for a period of one (1) year from the date of . such revocations- BUSINESS BATH HOUSES & MASSAGE PARLORS S. 2723 S . 2723 REVOCATION OF PERMIT, HEARING. No permit shall be revoked until a' nearing thereon shall have been had by the City Council, nocice of which hearing shall have been given in writing and served at least ter; .10) days prior to the date of such hearing upon the holder of such permit, his manager or agent, which notice shall state the grounds of the complaint against the holder of such permit, and the time and place where such hearing will be held. Such notice shall be served on -he holder of such permit by delivering the same to such holder; his manager or agent , or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service of- such notice cannot me made upon him in the manner herein provided, then a copy of such notice shall be addressed to the holder of such permit at such place of business and deposited in the United States mail at Huntington Beach, California, with postage thereon fully prepaid, at least ten (10) days prior to date of such hearing. The time of such notice may be shortened by the. City Council with the written consent of the holder of the permit ARTICLE 273 RULES AND REGULATIONS S . 2731 OPEN_ FOR INSPECTION, Every person engaged in the business :)f paths or massages as listed above shall be open at all times during business hours cc the inspection of the Chief of Police or any other officer of the City, S. 2732 OPERATOR Or BATH HOUSE OR MASSAGE PARLOR NOT TO EMPLOY UNLICENSED MASSEURS OR MASSEUSES. No permittee or operator .of a bath house or massage parlor, shall employ, or utilize the services in any way of a masseur or masseuse who does not possess a valid and subsisting permic to work for said permittee . S . 2733 DISPLAY OF PERMIT - MASSEUR OR MASSEUSE. The permit issued by the Chief of Police to a masseur or masseuse shall be retained on the person of such masseur or masseuse while actually engaged in such activity and shall be displayed to any peace officer upon demand. S . 2734 RETURN Or PERMIT, The permit issued by the Chief of Police to a person to act as masseur or masseuse for a licensed bath house or massage par-lor shall be returned, by such masseur or masseuse, to the Chief of Police within five (5) days after such masseur or masseuse no longer is so employed, (1293) S . 2735 RULES AND REGULATIONS - BATH HOUSES AND MASSAGE PARLORS. Subject to the approval of the City Administrator, the Chief of Police may make sucz rules and regulations , not inconsistent with the requirements hereof, governing bath houses or massage parlors and masseurs and masseuses , (1293) AMUSEMENT AND ENTERTAINMENT PREMISES BUSINESS RESTAURANTS So 2811 CHAPTER 28 AMUSEMENT AND ENTERTAINMENT PREMISES RESTAURANTS (1265, 1454) Article 281. General 282 . Permit 283 . Enforcement ARTICLE 281 GENERAL S . 2811 Entertainment in Place Serving Food or Refreshments Permit Required. S . 2812 No person shall provide or permit any type of entertainment in a coffee shop, restaurant or place where food or other refresh- ments are served and which is open to the public , unless such person shall first obtain a permit to do so from the City Administrator as hereinafter provided . (1454) S . 2813 A restaurant or place where food or other refreshments are served shall include any place or premise where alcoholic beverages only are served . S . 2814 Entertainment shall include any presentation or activity of any nature which is designed or intended to divert, amuse , or attract the attention of persons observing such presentation in which live models appear before an audience of any number of persons . . ARTICLE 282 PERMIT S . 2821 APPLICATION FOR PERMIT . Applicants for entertainment permits shall file a written, signed and acknowledged application with the City Clerk showing: (a) The name and permanent address of applicant . (b) A detailed description of the entertainments , including type of entertainment, number of persons engaged in the. entertainment, purpose of the entertainment, and any further information about the entertainment as the City Administrator may deem necessary. (1454) (c) The date , hours and location where said entertainment is proposed, and the admission fee , if any, to be charged. (d) The name or names of the person or persons having the management or supervision of applicant 's business . (e) The length of residence of applicant within the City, (f) A statement of the nature and character of applicant 's business , if any, to be carried on in conjunction with such entertainment . (g) Whether or not the person or persons having the management or super- vision of applicant 's business have been convicted of a crime , the nature of such offense , and the sentence received therefor. AMUSEMENT AND ENTERTAINMENT PREMISES S . 2821 (h) RESTAURANTS; BUSINESS (h) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant 's business as the City Administrator may deem necessary. (1454) S . 2822 APPLICATION FEE. A fee of $25.00 shall be paid upon the Tiling of each application for a permit for the purpose of defraying the expenses incidental to the processing of said application. S — 2823 GRANTING PERMIT. After the making and filing of said application, the City Clerk shall refer the matter to the Chief of Police for investigation and report thereon. If satisfied as to the good character of the applicant, and that said entertainment, as proposed, will not be detrimental to the public welfare , the City Administrator shall grant a permit. (1444) S . 2823 . 1 The permit shall be granted for the specific occasion re- quested, or if the request is for continuous permit, said permit shall be issued for not longer than one (1) year. S . 2823 . 2 APPEAL. PROCEDURE FOR. If the City Administrator refuses to grant said permit, applicant may, within ten (10) days after the mailing of the notice of refusal to grant said permit, file an appeal in writing with the City Clerk. The City Clerk shall set the appeal for hearing before the City Council, and shall give applicant ten (10) days written notice prior to the date the appeal is to be heard. (1444) S . 2824 EXCLUSIONS. The provisions of Section 2811 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine , or juke box in any establishment. (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public . (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground. (d) For entertainment conducted by or sponsored by any bonafide club, society, or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals , when proceeds , if any, arising from such entertainment are used' for the purposes of such club, society or association. AMUSEMENT AND ENTERTAINMENT PREMISES- - BUSINESS RESTAURANTS -S.- 2831 ARTICLE 283 ENFORCEMENT S. 2831 REVOCATION--OF- PERMIT. - The City Council may revoke or sus- pend the permit and license of any person holding same.-in the City, upon receiving satisfactory evidence that said licensee or permittee has been convicted .of, '.or has entered a :plea ,.of guilty to any violation of the provisions of this section, or of any other law or ordinance of the City or State relating to such business , or upon the recommendation of the Chief of Police. The Chief of Police may recommend revocation of any permit issued or granted under Section 2821 if, after investigation, he determines the applicant or his employees are not of good character or that said entertainment is detrimental to the public welfare or that permittee , or his employees , are engaged in immoral , improper, or otherwise objectionable conduct or behavior. S. 2831.1 Whenever a permit or license is revoked under the terms of this section, no other application for a permit under this ordinance shall be considered for a period of one year from date of -- such revocation. S. 2832 REVOCATION OF PERMIT, HEARING. No permit shall be revoked until a hearing thereon shall have been had by the City Council , notice of which hearing shall have been given in writing and served at least ten (10) days prior to the date of such hearing upon the holder of such permit , his manager or agent, which notice. shall state the grounds of the complaint against the holder of such permit , and the time and place where such hearing will be held. Such notice shall be served on the holder of such pemit by delivering the same to such holder, hi.s manager or agent , or by leaving such notice at the place of business or residence of such holder with some adult person. If the- holder of such permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a copy of such notice shall be addressed to the holder of such permit at such place ;. ' business and deposited in the United --States mail at Huntington Beach, California, with postage ,-thereon fully prepaid, at least ten (10) days prior to date of such hearing. ' The time of such notice may be shortened by the City Council with the: written . consent of the holder of the permit. S. 2833 VIOLATION - MISDEMEANOR. Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor , and upon conviction thereof shall be punishable by fine or imprisonment or both as provided for in this. Code. BUSINESS COMMUNITY ANTENNA TELEVISION29i0 CHAPTER 29 (1266) COMMUNITY ANTENNA TELEVISION Article 291 - 'General Article 292 - Franchise Article 293 - Rights Reserved to City Article 294 - Permits , Installation and Service Article 295 - Rules and Regulations Article 296 —Miscellaneous Article 297 - Application for Franchise Article 298 - Enforcement ARTICLE 291 GENERAL S. 2910 Definitions. For the purpose of this chapter, the fol- lowing terms , phrases , words and their derivations shall have the meaning given herein. When not .inconsistent with the context , Words used in the present tense include the future , words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" ' is always mandatory and not merely directory. S. 2910.1 '°City": shall mean the City of Huntington Beach, California, in its present incorporated form or in any later recognized , consolidated, enlarged or reincorporated form. S. 2910.2 "Council" may mean the present governing body of the City, or any future board constituting the legislative body of the. City. S. 2910.3 "Person" shall mean any individual , firm, partnership , as- sociation, corporation, company or organization of any kind. S. 2910.4 "Grantee" shall mean the person, firm or corporation to whom or which a franchise under this chapter is granted by the Council , and the lawful successor or assignee of said person, firm or corporation. S. 2910.5 "Community Antenna Television System" or "CATV" shall mean a system of antennae, coaxial cables , wave guides , poles , wires , underground conduits , manholes and other conductors , equipment or facilities designed, constructed or used for the purpose of pro- viding television, radio or other service by cable or through its facilities as herein contemplated. "CATV" shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known. and referred to as "pay television. " S. 2910.6 "Subscribers'' shall mean any person or entity receiving for any purpose the CATV service of the grantee herein. S. 2910.7 COMMUNITY ANTENNA TELEVISION -- -BUS-INESS. S. 2910.7 "Gross annual receipts". shall mean any and all compensa- tion in the form of gross rental and/or service receipts , including initial installation charges , received directly or indirect- ly from subscribers or users in payment for CATV services received within the City. Gross annual receipts shall not include any taxes on services furnish- ed by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit. ARTICLE 292 FRANCHISE S. 2921 Franchise to Operate. A franchise to construct , operate and maintain a community antenna television system within all or any portion of the incorporated area of the City of Huntington, Beach may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not , offering to furnish and provide such system pursuant to the terms and provisions of this chapter. Such a franchise shall not be exclusive , and the City reserves the right to grant similar franchise to any person at any time. No provision of this chapter may be construed as to require the granting of a franchise when in the opinion of the Council it is in the public interest to restrict the number of grantees to one or more or to refrain from granting any franchise at that time. S. 2922 Uses Permitted. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City of Huntington Beach and for that purpose to erect , install , construct , operate, repair, replace , reconstruct , maintain and retain in, on, over, under, upon, across and along any public highway, street , alley, public way or public place , such poles , wires , cable, conductors , ducts , conduits , vaults , manholes , ampli- ' fiers , appliances , attachments and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use , operate and provide similar facilities on properties rented or leased from other persons , firms or corporations including, but not limited to , a public utility or other grantee franchised or permitted to do business in the City of Huntington Beach. S. 2922.1 The grantee shall have the authority to promulgate such rules , regulations , terms and conditions governing the conduct of its business as shall be reasonably necessary to enable it to exercise its rights and perform its obligations under the fran- chise , and it insure an uninterrupted service to each and all of its customers ; provided, however, that such rules , regulations , terms and conditions shall_ not be in conflict with the provisions hereof or of the laws of the City of Huntington Beach, the State of Califor- nia or the United States of America. BUSINESS COMMUNITY ANTENNA TELEVISION S. 2922.2 S. 2922.2 The ;grantee shal],; have authori.ty to trim trees upon and oYerhang>wng ,streets ; alleys ; sidewalks and public places of the City` so as to prevent the .branch+es of -such. trees -fro.m coming in contact. with the . wires -.and cables of 'grainte.e , all trimming to be done under. the supervision and direction of the City and at the expense of grantee. S. 2922.3 The grantee may. make 'a charge to subscribers for con- nection to its CATV system and fixed monthly charge, both as ' filed and approved as herein provided. Rates ' charged ,by the grantee for service hereunder shall :be fair and reasonable and designed to meet all necessary costs of the _service, i.nal.udi:ng a .,fair rate of return on . the net 'valuation of its properties devoted thereto-, :under :efficient and economical management. For .gnusual circumstances ,. such as under- ground cable °required,- or more than'. 150 ' feet -ofAistance from cable to connection of service to subscribers ; and additional installation charge over that normally charged for installation as'. specified in the applicant ' s proposal may be .'charged; with 'easements. to. be supplied by. subscribers. For remote, relatively inaccessible. subscribers within the City, service will be made available on- the ,basis .of ,cost of mate- rials , labor, and easements i;f required. Rates to 'be :charged by the grantee to subscribers forinstallation- and services shall be approved by the City Council when the franchise is granted,: and may not be changed without prior approval by. the City:'.Couneil, ` S. 2922.4 No franchise granted hereunder shall be construed as a franchise; permit or license to trarismi.t any 'special pro- gram or event for pro- Which separate and distinct charge is made to the subscriber in the manner commonly known and referred to .as "pay tele- vision" and no grantee shall directly or indirectly install , maintain or operate on any television set `a coign box or -any other device or. means for collection of money for individual programs; S. 2923 Duration of Franchise. Any franchise, granted by the City Council pursua.n . to this chapter,. shall be for a term of (10) years following the date of .ace.ePtance of such .franchise by the grantee or renewal thereof. Any such franchise maybe terminated prior to its date of expiration by the City Council in the event that said Council 'shall have found, after thirty (30) days notice of proposed termination and public hearing, that (a) the grantee has failed to com- ply with any provision of this chapter, or has , by act :or omission, :violated any term or condition of' its. franchise or permit issued 'under- this chapter;' or (b) arty provision of this chapter has become invalid, or unenforceable , and the Counci l -further finds that 'such provision constitutes a consideration material to the grs.nt of said franchise; or (c ) 'City acquires the CATV property of grantee. S. 2924 Franchise Payment. Any grantee granted a .franchise under - `this chap er shall pay annually to the City , -during the life of such franchise, and at times hereinafter specified, 'a sum equal to six per cent (69/6) of the gross annual. receipts of the grantee. S. 2924.1 COMMUNITY ANTENNA TELEVISION- BUSINESS S. .2924.1 The grantee shall file with the City within thirty ' (30) days after the expiration of any calendar year during which such franchise expiration of any calendar year during which such. franchise is in force, a financial statement prepared by a certified public accountant showing in detail the gross annual receipts , as defined herein, of grantee, its sucessors and assigns , during the preceding calendar year. It shall be the duty of grantee to pay to the City, within ten (1.0) days after the time for filing such state- ment , any unpaid balance for the calendar year covered by such state- ment. S. 2924.2 In. the event that the above payment is not received by the City within the specified time, grantee shall pay to the City a penalty of two per cent (2%) per month on the unpaid balance in addition thereto. S. 2924,3 In any year or portion thereof commencing at the con- clusion of the first year that service is provided during which payments to grantee for installation and services amount to less than fifteen hundred dollars ($1500) per month grantee shall pay to the City a minimum amount of fifty dollars ($505 per month. S. 2 24.4 The right is reserved . to the City of audit and recomputa- tion of any and all amounts paid. under this chapter , and no acceptance of any payment .shall be construed as a release or as an . accord and .satisfaction .of any claim the City may have for further or additional sums. payable under this chapter or for the performance of any obligation thereunder. S. 2924.5 In the event of any holding over after expiration. or . other termination of said franchise, without . the consent _ of the City, the grantee shall pay to the City damages of not less than twenty per cent (20"/) of its gross profits during said period. S. 2925. Limitations of Franchise. S. 2925.1 No privilege or exemption shall be granted or conferred by a franchise granted pursuant to this chapter except those specifically prescribed herein.. S. 2925.2 Any . privilege claimed under such franchise by the grantee in any street, alley,. public way or .public place shall be subordinate to any prior lawful occupancy of same. S. 2925.3 All transmission and distribution structures, lines and equipment of the grantee within the City shall be so located as to cause minimum interference with the proper use of streets , alleys and. other public ways and places , and to cause minimum inter- ference with the rights. or reasonable convenience of property owners who adjoin any of 'the said streets , alleys. or other public ways and places. BUSINESS COMMUNITY ANTENNA TELEVISION S. 2925.4 S. 2925.4 In case of any disturbance of pavement , sidewalk, drive- way or other surfacing, the grantee shall , at its own cost and expense and- in a manner approved by the Public Works Depart- ment of the City, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced and and shall maintain the restoration in an approved condition for the duration of the franchise. S. 2925.5 The grantee shall , at its expense , protect , support , temporarily. disconnect , relocate or remove from any pub- lic street , alley or other public way, and property of the grantee when required by the Director of Public Works of the City by reason of traf- fic conditions , public safety, street vacation, freeway and street con- struction, change or establishment of street grade, installation of sewers , drains , water pipes , power lines , signal lines and tracks of any other type of structures of improvements by governmental agencies when acting in a governmental or proprietary capacity, or any other struc- tures or public improvements ; provided, however, the grantee shall in all cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 2952 hereof. S. 2925.6 Whenever it is necessary to shut off or interrupt service for the purpose of making repairs , adjustments , alterations or installations, the grantee shall do so at such time as will cause the least amount of inconvenience t'o its customers , and unless such inter- ruption is unforeseen and immediately necessary, it shall give reason- Able notice thereof to its customers. S. 2925.7 Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in .part , either by forced or involuntary sale , merger, consolidation or I therwise, without prior consent of the Council expressed by resolution, and then only under such conditions as may be therein prescribed. The grantee shall file with the Council within thirty. (30) days after and sale, transfer , assignment , or lease of the franchise or any part there- of, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers. The proposed assignee must show financial responsibility and and must agree to comply with all provisions of this chapter. No such consent shall be required for a transfer in trust , mortgage or other hypothecation as a whole , to secure an indebtedness. S. 2925.8 Time shall be of the essence of any such franchise granted. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter by failure of the City to enforce prompt compliance. f S. 2925.9 Any right or power in, or duty impressed upon any officer, employee, department or board of the City shall be subject to transfer by the City to any other officer , employee , department or , board of the City. S. 2925.10 COMMUNITY ANTENNA TELEVISION BUSINESS S. 2925.10 The grantee shall have no recourse whatsoever against the City for any loss , cost , expense or damage arising out of .any provisions or requirements of this chapter or its enforce- ment. S. 2925.11 The grantee is subject to all requirements of the ordi- nances , rules , regulations and specifications of the City heretofore or hereafter enacted or established , including-; but not limited to , those concerning street work, street excavation, use, removal and relocation of property within a street , and other street work. S. 2925.12 Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, utility company, or from others maintain- ing poles in streets. S. 2925.13 Any franchise granted hereunder shall be in lieu of any and all other rights , privileges , powers , immunities , and authorities owned, . possessed, controlled , or exercisable by grantee , or by any successor to any interest of grantee , of or pertaining to the construction, operation, or maintenance of any CATV system in the City; and the acceptance of any franchise hereunder shall operate, as between grantee and the City, as an abandonment of any and all of such rights , privileges , powers , immunities and authorities within the City, to the effect that , as between grantee and the City, any and all construction, operation and maintenance by any grantee of any CATV system in the City shall be , and shall be deemed and construed .in all instances and respects to be under and pursuant to said franchise, and not under or pursuant to any other right , privilege , power , immunity or authority whatsoever, in lieu of all of which is and shall be granted any franchise hereunder. ARTICLE 293 RIGHTS RESERVED TO CITY S. 2931 No franchise granted under this chapter in any way impairs or affects the right of the City to acquire the property of the grantee by purchase or condemnation. S. 2932 No franchise granted under this chapter shall be given any value before any court other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the City therefor at the time. of acquisition. S. 2933 There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any ordinance or resolution of the City, and the grantee, by its acceptance of any franchise , agrees to be bound thereby and to comply with any action or requirements of the City1n its exercise of such rights or power, heretofore or hereafter enacted or established. BUSINESS . COMMUNITY ANTENNA TELEVISION S. 2934 S. 2934 Neither the granting of a franchise hereunder nor any of the provisions contained herein shall be construed to pre- vent the City from granting any indentical , or similar , franchise to any other person, firm or corporation, either within or without the designated area of the franchisee S. 2935 The City Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of a.ny franchise issued under the provisions of this chapter. S. 2936. The City Administrator of. the City of Huntington Beach is hereby authorized and- empowered to adjust , settle , or compro- mise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the City, the grantee , or any subscriber , in the best interest of the public. Either the, grantee or any member of the public who may be dissatisfied with the decision of the City Administrator may appeal the matter to the Council for hearing and determination, The Council may accept , reject or modify the decision of the City Administrator, and the Council may adjust , settle or compro- mise any controversy or cancel any charge arising from the operations of any grantee .or from any provision of thi.s chapter. ARTICLE 294 PERMITS, INSTALLATION AND SERVICE S. 2941 Within thirty (30) days after acceptance of any franchise the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business , including but not limited to any utility joint use attachment agreements , microwave carrier licenses , and any other permits , licenses , and authorizations to be granted by duly constituted regulatory agencies having microwave transmission facilities.. S. 2942 Within ninety ' (90) days after obtaining all necessary permits , licenses and authorizations ,. grantee shall commence con- struction and installation of the CATV system. S. 2943 Within ninety (90) . days after the commencement of construction and installation of the system, grantee shall proceed to ren- der service to the subscribers , and the completion of the construction and installation shall be completed within one year from the date that service was first provided. S. 2944 Failure to do any of the foregoing shall be grounds for termination of the franchise. S. 2945 The Council may extend the time for beginning construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circum-- stances beyond his control, S. 2951 COMMUNITY ANTENNA TELEVISION BUSINESS ARTICLE 295 RULES AND REGULATIONS S. 2951 Location ,of Grantee ' s Properties, S. 2951.1 Any poles , wires , cable lines , conduits , or other prop- ties of the grantee to be constructed or installed in streets , alleys or other public places shall be so constructed or in- stalle'd only at such locations and in such manner as shall be approved by the Director of Public Works of the City acting in the exercise of his reasonable discretion. S. 2951.2 The grantee shall not install or erect any facilities or apparatus on public property or rights-of-way within the City, except those installed or erected upon public utility facilities now existing, without written approval of the Director of Public Works of the City. S. 2951.3 In those areas and portions of the City where both the transmission and distribution facilities of the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct , operate and maintain all of its transmission and distribution facilities and-erground. . Amplifiers in grantee ' s transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Director of Public Works of the City. S. 2952 Removal or Abandonment of Property of Grantee. S. 2952.1 In the event that the use of any part of the CATV system is discontinued for any reason .for a continuous period of three (3) months, or in the event such system or property_ has ,been in- stalled in any street , alley or public place without complying with the requirements of its franchise or ordinance, or the franchise has been terminated, cancelled or has exolb-xed, the grantee shall promptly, upon being given thirty (30) days ' notice, remove from the streets, alleys or public places all such property and poles of such system other than any which the Director of Public Works may permit to be _abandoned in such place. In the event of any such removal , the grantee shall promptly restore the street,, alley or other area from which such property has been removed, to a condition satisfactory to. the Director of Public Works. S. 2952.2 Any property of the grantee remaining in place ninety (90) days after the termination of the franchise shall be con- sidered permanently abandoned. The City Administrator MAY extend such time not to exceed an additional thirty (30) days. BUSINESS COMMUNITY ANTENNA TELEVISION S. 2952.3 S. 2952.3 Any property of the grantee to be abandoned in place shall be abandoned in such manner as the Director of Public Works shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the City, and grantee shall submit to the City Council an instrument , to be approved by the City the ownership of such property. S. 2953 Failure to Perform Street Work. Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street , alley or other public places within the time prescribed, and to the satisfaction-of the Director of Public Works , the City Administra- tor may at his option cau-se such work to be done and the grantee shall pay to the City the cost thereof-in the itemized amounts reported by the City Administrator to the grantee within ten (10) days after receipt of such itemized report. S. 2954 Faithful Performance Bond. S. 2954.1 The grantee shall , concurrently with the filing of an ac- ceptance of award of the franchise granted under this chapter , file with the force and effect for the term of such franchise or renewal thereof, at grantee ' s sole expense , a corporate surety bond in a company approved by, and in a form to be approved by, the City At- torney, in the amount of one hundred thousand dollars ($100,000) re- newable annually, and conditioned upon the faithful performance of grantee , and upon the further conditiol-that in the event grantee shall fail to comply with any one or more of the provisions of this chapter or of the franchise issued to the grantee hereunder , there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default , plus a reasonable allowance for attorney ' s fees and costs , up to the full amount of the bond , said condition to be a. continuing .obli- gation for the duration of such franchise or any renewal thereof, and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of said- franchise by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty (30) days prior written notice of int-ention not to renew, cancellation, or material change , be given to the City. S. 2954.2 Neither the provisions of this section, nor any bond accepted by the City pursuant thereto , nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of' the grantee under any franchise issu:ed .-hereunder or for damages , either to the full amount . of the bond or otherwise. S. 2955 Indemnification of the City. S. 2955.1 COMMUNITY ANTENNA TELEVISION BUSINESS S. 2955.1 The grantee shall , at all times during the existence of any franchise issued hereunder, maintain in full force and effect, furnish to the City, and file with. the City Clerk, at its own cost and expense , a general comprehensive liability insurance policy, in protection of the City, its officers , boards , commissions, agents and employees , in a company approved by the City Administrator and in a form satisfactory to the City Administrator, protecting the City and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise , with minimum liability limits of one million dollars ($1 ,000,000) for personal injury or death of any one person and two million dollars ($2 ,000,000) for personal injury or death of two or more persons in any -one occurrence, and one million dollars ($1 ,000,000) for damage to property resulting from any one occurrence. 2955.2 The policies mentioned in the foregoing paragraph shall name the City, its officers , boards , commissions , agents and employees , as additional insured and shall contain .a provision that a written notice of any cancellation, modification or reduction in coverage of said policy shall be delivered to the City Clerk thirty (30) days in advance of the effective date thereof, if such insurance is provided in either case by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-l 'Ab'ilIty endorsement. S. 2955.3 No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of in- surance as required in this section has been delivered to the City Clerk. S. 2956 Inspection 9f Property and Records. . S. 2956.1 At all reasonable times , the grantee shall permit any duly authorized representative of the City to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the City, and to - examine and transcribe any and all maps 'and other records kept or maintained by the grantee or under its control which deal with the operations , affairs , transactions or property of the grantee with respect thereto. If any of such maps or records are not kept in the City, or upon reason- Able- request made available in the City, and if the City Administrator shall determined that an examination thereof is necessary or appropriate , then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee. S. 2956.2 The grantee shall prepare and furnish to the City Admin- istrator and/or the Director of Finance at the times and in the form prescribed by either of said officers , such reports with respect to its operations , affairs , transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights , functions or duties of the City or any of its officers in con- nection with the franchise. BUSINESS COMMUNITY ANTENNA :TELEVISION S. 2956.3 S. 2956.3 The grantee shall ,, at all times , make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets , alleys and public places in the -City. The grantee shall file with the Director of Public Works , on o.r.,before the last day in March of each year, a current set of maps drawn to scale showing all .CATV system equipment installed and in place_ r.in streets , alleys and othe public places of the City during the previous year. S. 2957 Operational Standards. The CATV system shall be installed and maintained in accordance with the highest and best ac- cepted standards of the industry to the effect that subscribers shall receive the highest possible service. In determining the satisfactory extent of such standards , the following shall be considered: S. 2957.1 The system shall be installed using all band equipment capable of passing the. entire VHF and FM spectrum, and it shall have the further capability of converting UHF for distribution to subscribers on the VHF band. S. 2957.2 The system, as installed, shall be capable of passing stand- ard color TV signals without the introduction of material degradation on color fidelity and intelligence. S. 2957.3 The system and all equipment shall be designed and rated for 24-hour per day continuous operation. S. 2957.4 The system shall provide a signal level of 2000 microvolts at the input terminals of each TV receiver. S. 2957.5 The system signal-to-noise rate shall be not less than 46 decibels. S. 29'57.6 Hum modulation of the picture signal shall be less than 5%. S. 2957.7 The system shall use components having a VSWR of 1.4 or less.- ARTICLE 296 MISCELLANEOUS PROVISIONS S. 2961 All matters herein provided to be filed with the City shall be filed with the City Clerk. S. 2962 The rate schedule for any connection fee or monthly service charge , or change thereto , to subscribers must have written approval of the City Council. S. 2963 The grantee must pay to the City a sum of money sufficient to reimburse it for expenses incurred by it in publishing legal notice and ordinances and for attorney ' s fees in connection with the granting of a franchise pursuant to the provisions of this chapter; such payment to be made within thirty (30) days after the City shall furnish such grantee with a written statement of such expense. S. 2964 COMMUNITY .ANTENNA TELEVISION 'BUSINESS S. 2964 The grantee shall maintain an office within the City limits so that CATV maintenance service shall be promptly avail- able to subscribers. S. 2965 No person, firm or corporation in the. existing service area of grantee shall be arbitrarily refused service; provided, however, that grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or the ap- plicable .monthly service charge. ARTICLE 29.7. APPLICATION FOR FRANCHISE S. 2971 ' Application for a franchise hereunder shall be filed with the City Clerk in a form approved by the City and shall con- tain the following information: (A) The name and address of applicant. (B) A general description of applicant ' s proposed CATV operation, including a tentative map of areas to be served. (C) A statement or schedule in a form. approved by the City of proposed rates and charges to subscribers for installation and services , and a copy of proposed service agreement between -the grantee and its subscribers shall accompany the application. (D) A copy of any contract or permit , if existing, between the ap- plicant and any public utility providing for the use of facili- ties of such public utility , such as poles , lines , or conduits. (E) A statement of the corpbrate organization of applicant , includ- ing the names and addresse of its officers , directors and as- sociates., and also including the names of subsidiary companies with. a listing of other areas being served by CATV or similar systems. If a franchise is granted to a person, firm, group or corporation posing as a front or representative for another per- son, firm, group , or corporation, and such information is not disclosed in the original application, such franchise may be revoked by the City Council. (F) Applicant shall also furnish a financial statement as to the company ' s or corporation' s financial ability to complete in- stallation and operation of the CATV system. BUSINESS COMMUNITY ANTENNA TELEVISION S. 2971 (G) „ (G) .Upon consideration of any such application, the Council may re fuse to grant the requested franchise or the Council may by ordinance grant a franchise for a CATV system to any such ap- plicant as may appear from said application to be in its opinion best qualified to r-ender proper - and efficient CATV service to television -viewers=andsubscribers in the City. The Council ' s decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted. (H) Prior. to the granting of a franchise pursuant to this chapter, the Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the ,day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof in the of- ficial newspaper. Said notice shall be published at least ten (10) days prior to the date of hearing. At the time set for the heari.ng. the Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant same , subject to the right of referendum of the people , or it . may deny the same. If the Council shall determine that changes should be made in the terms and conditions upon which the fran- chise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. . (I) Any franchise issued pursuant to this chapter shall include the following conditions : "The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Huntington Beach and no other pur- pose whatsoever. " The inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the City to in- clude any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter. S. 2972 Franchise Renewal. Any franchise granted under this chapter is renewable at the application of the grantee, its lawful successors or assignee for such period of time as the Council and the applicant may agree upon by negotiation. S. 2981.1 COMMUNITY ANTENNA TELEVISION - " BUSINESS ARTICLE 298 ENFORCEMENT S. 2981.1 It shall be unlawful for any person, firm or corporation to make any unauthorized connection in physical contact with any part of a franchised CATV system within this City for the purpose of taking or receiving or enabling himself or others to re- ceive any television signals , radio signals , pictures , programs or sound. S. 2981.2 It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables , wires or equipment used for distribution of television signals , radio signals , pictures , programs- or sound. S. 2981.3 From and after the effective date of this chapter , it shall be unlawful for any person, firm, or corporation to construct , maintain, or operate a CATV system in all or any portion of the City without complying with the provisions of this chapter. S. 2982 SEVERABILITY. If any section, subsection, sentence , clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections , subsections , sentences , clauses or phrases be declared illegal , invalid or unconstitutional. The invalidity of any portion of this ordinance shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder. I CONTENTS CHAPTERS - ARTICLES DIVISION 3 - HEALTH Chapter 31 - SANITATION Article 311. Refuse 312. Fly Control and Abatement 313. Dust & Industrial Waste 314. Waste Water 315. Water Pollution Regulations Chapter 32 - Repealed (Ord. No. 1788 - 11/72) Chapter 33 - FOOD Article 331. Food Establishments 332. Lunch Wagons Chapter 34 - WATER DEPARTMENT Article 341. Creation of Water Department 342. Service Connections 343. Fees, Rates and Deposits 344. Regulations Apply tc Use of Water 345. Extension of Water Mains 346. Construction & Abandonment of Water Wells Chapter 35 - SANITATION DEPARTMENT Article 351. Creation of Sanitation Department 352. Sewer Connections 353. Fees and Deposits 354. Extension of Sewer Mains Chapter 36 - MISCELLANEOUS Article 360. Mobile X-Ray Units HEALTH SANITATION S. 3110 CHAPTER 31 SANITATION. ARTICLE 311. REFUSE 312. FLY CONTROL. & ABATEMENT 313. DUST & INDUSTRIAL WASTE 314. WASTE WATER 315. WATER POLLUTION REGULATIONS ARTICLE 311 REFUSE (77, 250, 909, 925-, 1688, 1788 11/72) S. 3110 DEFINITIONS, The following definitions :shall apply in the interpre- tation and enforcement-of these. regulations: .(a) Refuse includes both garbage and rubbish (b) Garbage means all putrescible solid wastes, including but not limited. to ve.ge- table, matter, animal offal, and carcasses of .small animals, discarded food.. containers, leaves, cuttings, trimming from trees, shrubs, and grass, excluding human excretment and animal manure. (c) Rubbish means all non-putrescible solid wastes, including but not .limited to. , .. special handling items such as trees, tree limbs, logs, automobile bodies `,motor :.. vehicle parts, building materials, appliances, household goods, sod and dirt, metal, wood, and rock. (d) Solid Wastes. means all putrescible and non-putrescible solid or semi-solid . wastes including semi-liquid or wet wastes with insufficient moisture and .other liquid contents ,to be free flowing. (e), Director means the Huntington Beach Director of Public Works or his. authorized representative. (f). Person means any individual, firm, governmental unit, organization-, partnership, corporation, company, or other entity. (g) Refuse Collector means any person who picks up, removes, transports or disposes of refuse, other than one who does so from his own premises. (h) Basic Level of Service means that level of collection and disposal service. necessary to collect refuse generated by an average family in one single-family residence, as specifically provided in any given contract between the city and any person for collection of such refuse, or as provided .by resolution of ,the .,City Council. Refuse items or substances excluded from collection by regulation of the Director or by contract, as hereinafter provided; refuse capable thereof which has not been placed in 'containers or bundles within the weight and size limits hereinafter set forth for containers _or 'bundles, any unit of refuse which exceeds four -feet in length or which exceeds. forty pounds in weight, and any amount of refuse in excess of that -provided. by ;such contract or such resolution as that .generated by an average family in one single-family residence, are hereby excluded from the "basic level of serv•ice." S. 3110(i) SANITATION HEALTH (i) Collection means pickup, removal, transportation, or disposition of refuse, except by a .person with refuse from premises owned, occupied, or used by such person, as hereinafter provided. (j) Single-Family Residence means and includes every lot in the city upon which is situated one. dwelling unit designed for or used as living quarters by human beings. It shall not include any lot upon which there is located any hotel, motel, lodge, hall, club, tourist camp, trailer camp, church, business or industrial establishment, or any lot containing more than one dwelling unit or any lot upon which any commercial or indus- trial activity is conducted unless such activity is conducted in a single-family residence.. (k) Nonsingle-Family Residence means and includes all locations specifically excluded from subsection (j) . (1) City Refuse Collector means any collector either employed by or under contract with the City of Huntington Beach to provide removal, transportation, and .disposition of refuse from residents and users of premises within the said city. S. 3111 LEAVING REFUSE IN PUBLIC PLACES. No person shall deposit, sweep,. throw, discard or leave any refuse or cause such refuse to be deposited, swept, placed, thrown, discarded or left upon any public street, highway, alley, sidewalk, street parking or other public place in this city. S. 3111.1 Occupant To Keep Premises Clean. Every person occupying, using, or controlling any premises shall keep said premises in a clean and sanitary condition, and no person shall permit any sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animal, or any other noxious or . offensive matter of any kind, or any other substance that may become offensive, to be deposited or to remain thereon except as otherwise provided by law. S. 3111.2 Accumulation of Refuse. No person occupying, using, or controlling any premises shall permit any refuse to accumulate thereon, nor shall any such person maintain any accumulation of refuse thereon, unless in either event the same is stored in a manner approved by the Director or by law. S. 3111.3 Refuse Storage. (a) Garbage shall be stored in a container of a type approved by the Director. Every such container shall be constructed of metal, or equally durable material, in such a manner as to be strong, watertight, not easily corrodible, fly proof, and rodent proof. Such container shall have handles or other attachments designed for and capable of lifting, and shall have covers which shall be kept in place at all times, except when garbage or other refuse is being deposited or removed from such container. Such cover when in place shall fit so as to render fly proof any covered container. A sufficient number of containers shall be provided to hold at least one week's accumulation of garbage. Each garbage container shall be kept clean so that no odor or other nuisance will exist. Containers for single-family residences shall have a capacity not to exceed thirty-two gallons and shall not weigh more than sixty pounds when filled. (b) Rubbish shall be stored in such a manner that it will not -provide harborage to rats, nor cause a .fire hazard. HEALTH SANITATION S. 3111.3(c) (c) Equally durable nonmetallic containers may include. but shall not be limited to - heavy plastic or "wet-strength" kraft paper throwaway refuse bags of a type approved by the Director. Such bags shall comply with all of the requirements of subsections (a) and (b) except for the requirements of handles .and covers. (d) Tree trimmings and other similar matter shall be tied in bundles measuring not more than four feet long and weighing not more than forty pounds. S. 3111.4 Location of Refuse Containers. (a) Each refuse container and any accumulation of refuse which is for collection, shall be kept or placed in such a manner as not to be visible from the public- street except. during or for the time fixed for the collection thereof. During such period, any containers or any accumulation of refuse which is for collection, shall be placed as follows: (1) Near Alley. On the premises, within five feet of the rear property line, where there is a through alley in the rear of the premises. (2) Access from Side Entrance. On the premises at an accessible point 'adjacent to any side entrance .thereto where no through alley exists. (3) At Curb. At the curb in front of the premises, where no through alley nor side entrance exists. (b) No refuse container nor any accumulation of refuse which is for collection, shall be placed for collection in any public way, or at any curb or in any location visible from a public street, prior to 6:00 p.m. on the day preceding collection; any such refuse container shall be removed within two hours after collection, and in no case later than 10:00 p.m. on the day of collection. S. 3111.5 Interference With Refuse. No person except the owner thereof, his agent or employee, a duly authorized city employee, or any employee of the refuse collection contractor, shall interfere in any manner with any refuse container, or any accumulation or refuse which is for collection, nor shall any per- son remove such container or accumulation from the location where it shall have been placed by the owner, his agent, or his employee. S. 3111.E Improper Substances In Container. No person shall place or cause .on permit to be placed in any refuse container any substance or material other than refuse as defined in this article. Large items included in the definition of rubbish, exceeding four feet in length or forty pounds in weight, shall not be placed in refuse containers. Persons wishing to dispose of such large rubbish items shall inform either the Department of Public Works or the refuse collection contractor and make special arrangements to have said items removed. The refuse collection con- tractor may levy a charge for removal of such items under a schedule and formula. to be uniformly applied, based on weight and size of the items, which formula and schedule shall have been approved by the Director. S. 3111.7 Refuse Collection. The owner, occupant, tenant or lessee of any pre- mises shall remove, or cause to be removed, all garbage from said pre- mises at least once a week. The city refuse collector shall remove from the premises all refuse which has been placed for collection, which refuse is of a type and in an amount provided by contract with the city. Any removal of refuse by the city refuse collector, any refuse collector, or any person, shall be performed in a neat, orderly ar:d quiet fashion, without causing damage to the container or the lid. Any spilled matter shall be picked up by the person responsible for the spillage, and the premises shall be left in a clean and orderly condition. .S. 3111.8 SANITATION HEALTH Refuse shall be the property of the collector thereof from the time of pickup to the time of disposal. S. 3111.8 Refuse Collection. Single-Family Residence. The city, or some person under contract with the .city to do so, shall operate and maintain a service for the collection of refuse from single-family residences in the city, on a regularly scheduled basis approved by resolution of the City Council, not less fre- quently than once each week. The Director may by regulation exclude from such service any item or substance deemed hazardous, obnoxious, or otherwise inappropriate for such service. All refuse - included in the basic level of service, which is generated, accumulated, and lawfully placed for collection at any single-family residence in the city, shall be collected exclusively by the city refuse collector. S. 3111.9 Refuse Collection. Other Premises. Any premises other than single- family residences may at the option of the owner or occupant thereof use the collection service operated by the city refuse collector, as hereinbefore pro- vided, for refuse not excluded from the basic level of service. S. 3111..10 Excluded Refuse. The owner or occupant of each and every premises in the city which generates refuse excluded from the basic level of service, and the owner or occupant of premises other than a single-family residence who has chosen not to use the collection service operated by the city refuse collector for refuse generated on said premises, shall contract for the collection of all such refuse with some lawful refuse collector in -the city; such excluded refuse may also be removed and disposed of by such owner or occupant in a manner approved by the Director and consistent with the provisions of this article. S. 3111.11 City Collection Contract. The city may enter into a contract with some responsible person to provide a basic level of service for the collection of refuse in the city at the times and in the manner prescribed in said contract. The term of such contract shall not exceed five years. After advertising for bids thereon, such contract shall be awarded to the lowest responsible and qualified bidder. Such contract may exclude the collection of any item or substance deemed by the Director 'to be inappropriate for collection. Such contract shall be entered only with a person holding a certificate of public need and necessity. S. 3111.12 , Refuse Transportation. No refuse collector shall transport refuse in.-a conveyance that has not been approved by the Director. All vehicles used in collecting and transporting refuse shall be provided with metal bodies so constructed as to be leak proof and to prevent loss, spillage, or blow away of any contents collected or transported within the city. Such vehicles shall be thoroughly cleaned daily to eliminate odors and decayed materials. S. 3111.13 Refuse Disposal. No refuse collector or other person shall dispose of refuse, except by one of the following methods: (a) By burying refuse in a sanitary landfill that is designed, operated and equipped in accordance with regulations set forth by the Board of Supervisors or Orange County- (b) By burning refuse in an incinerator of a type approved by the Director. (c) Any person may dispose of refuse from premises owned, occupied, or used by such person in a manner approved by the Director and consistent with the provisions of this article: HEALTH SANITATION S. 3111:14 . S.. 3111.14 Necessity For Certificate. No person shall remove, transport or dis- pose of refuse without a certificate of public need.and necessity.as granted by the Ci.ty. Council of the City of Huntington Beach under the provisions of this code, provided. that this section shall not apply to any ,person lawfully disposing of refuse from his own residence or business establishment. S. 3111.14. 1 Application. Filing. An application for a certificate shall be .filed with the-City Clerk. Each application shall be accompanied .by a non- refundable fee in the amount. of fifty dollars.. S. 1111.14.2 Application. Contents. The application shall be in writing and veri- fied, and shall contain the following information:. (a) The name, age, business and residence addresses and telephone numbers of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address and telephone number of its principal place of business, and the names of its principal officers, together with their respective residence and business telephone numbers; or if a partnership, association or unincorporated com- pany, the names of the partners or of the persons comprising such association or company, and the business and residence of each partner. (b) The schedule of rates proposed to be charged for such service. (c) The volume or extent of the service proposed to be provided. ; (d) The application shall contain such additional information as the Council may .require. S. 3111.14.3 Report From Departments. Upon receipt of the application for a cer- tificate, the City Clerk shall send a copy of the application to the City Administrator, the Department of Building and Safety, Planning Department, Police Department and Department of Public Works for report to the City Administrator concerning the need and necessity for such service. S. 3111.14.4 Granting of Certificate. A certificate shall be granted by the City Council upon a finding that the public need and necessity requires the operation or provision of the service proposed. by applicant, and that the experience, background, capitalization, and equipment is such that applicant is likely to comply with all laws and is likely to provide services in 'a manner which will reasonably satisfy the needs of the area proposed to be served. In the event that the number of applicants shall exceed the number of certificates required by public need .and necessity, the City Council shall grant the required certificate or certificates to the applicant or applicants it deems best suited under the- stan- dards set forth in this section. S. 3111.14.5 Other Licenses and Permits. The granting of a certificate pursuant 'to this chapter shall not relieve any person of his duty to obtain li censes and permits required by other chapters of this code, nor from complying with any ordinance of this city or law of this state. S. 3111.14.6 Procedure For Granting Certificate. Upon receipt of the application for a certificate, the City Clerk shall set the matter for public hearing; before the City Council at the next meeting at which it is possible for the matter to be heard, provided such public hearing shall be not less than thirty (30) days after the application is filed. The Clerk shall give the applicant written notice of the time, date and place of hearing at least ten (10) days prior to the `hear- ing unless such notice is waived by applicant in writing. The applicant, as well as any person connected therewith, shall answer all questions propounded at said hearing by or on behalf of any member of the City Council. 1/10/74 . S. 3111.14.7 SANITATION HEALTH S. 3111.14.7 ACTION OF COUNCIL. After hearing, the City Council may grant the certif- icate to the full extent requested, deny the application, or grant a portion of the application, and may impose any conditions on the granting ,of such cer- tificate, or on the exercise of the privileges thereby granted, as the City Council deems necessary for the protection of the public health and safety and for the general welfare of the residents of .the City of Huntington Beach. The decision of the City Council granting in whole or in part any certificate shall be by resolution, and any such decision and a decision to deny the application shall be final. S. 3111.14.8 REVOCATION OF CERTIFICATE. Any certificate may be suspended or revoked by the City Council or additional conditions may be imposed upon any certificate holder, after notice to certificate holder and hearing, for the following reasons: (a) Failure to provide the service efficiently for which the certificate was issued. (b) Failure to comply with applicable laws, ordinances, or regulations or with the reasonable instructions or directions of the Director. (c) Failure to secure and maintain in effect the insurance required by this chapter. (d) Failure to acquire any permit required by this code or to pay any license fee required by this code. (e) Failure to keep structures, equipment or vehicles in a safe, sanitary, lawful, and operable condition at all times. . (f) Failure to comply with any condition imposed as provided hereunder. S. 3111.14.9 LIABILITY INSURANCE. The applicant shall file with the City Clerk, prior to the issuance of any certificate, and thereafter keep in full force and effect, a certificate of insurance, issued by an insurance carrier authorized to do business in the State of California, insuring the public against any loss or, damage- that may result to any person or persons or property from the operation of such service and naming the city as an additional insured, provided that the minimum liability limits shall be as follows: 1. COMBINED SINGLE LIMIT BODILY INJURY AND/OR PROPERTY DAMAGE INCLUDING PRODUCTS LIABILITY: $1,000,000 aggregate. 2. ADDITIONAL INSURED ENDORSEMENT: The insured agrees that the City of Huntington Beach, and/or members of the Huntington Beach City Council, and/or all City Council-appointed groups, committees, commissions, boards and any other City Council-appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting' as such are additional assureds hereunder. 3. HOLD HARMLESS AGREEMENT: The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor arising out of or in con- sequence of the performance of all operations, covered by this certificate. j Such certificate shall provide that any policy required hereunder cannot be cancelled without thirty (30) days written notice to the Director. (1882-12/73) HEALTH SANITATION S. 3111.15 S. 3111.15 PENALTY.. ENFORCEMENT. Any person who violates any provision of this article shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding six months, or by both. Each day of the existence of any continuing violation shall constitute a separate offense. The provisions of this article shall be enforced by the Department of Public Works of the. City of Huntington Beach. S. 3111.16 SEVERABILITY. It is the intention of the City Council that this article, and every provision thereof, or amendment thereof, shall be considered severable, .and the invalidity of .any provisions or portion of this article, or amendment thereof, shall not affect the validity of any other provision or portion or amendment thereof. I-IEALT14 SANITATION ARTICLE 312 FLY CONTROL & ABATEMENT (1619-12/70) S . 3120 DEFINITIONS . The following words and phrases , whenever used in. his chapter, shall be construed as defined herein unless from the context a different meaning is intended and more partic- ularly directed to the use of such words and. phrases: (a) Fly-Breeding Hazard shall mean the accumulation, existence or main- tenance of any substance, matter, material, or condition resulting in the breeding of flies in an amount or manner as may endanger public health or safety, or which may create unreasonable inter- ference with the comfortable enjoyment of life and. use of property by others . (b) Fly Abatement Board shall mean the administrative board. composed of five 5 members appointed by the Board of Supervisors of Orange County, pursuant to Orange County Ordinance Section 42.012 which is hereby designated as the Fly Abatement Board pursuant to this article . (c) Commercial Dairy Farm shall mean any place or premises on which milk is produced for sale, or other distribution, and where more than two (2) cows or six (6) goats are in location. (d) Commercial Poultry Ranch shall mean any place or premises where poultry are maintained, raised or fed for the primary purpose of producing eggs or meat for sale, or other distribution. (e) Horse Stable shall mean any location where three (3) or more horses are maintained for any purpose . S . 3121 PUBLIC NUISANCE. Any fly-breeding hazard in the City of R-dn-ting on Beach is hereby declared to constitute a public nuisance . S . 3122 INSPECTION BY HEALTH OFFICER. It shall be the duty of the Health Officer. of Orange . County, who is hereby designated to enforce this article, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building or collection of plant or animal waste, or any substance or existing con- dition on any lot, farm, or other land , or on any other premises as a fly-breeding hazard , to enter, after demand., upon such premises and to d.etermine whether or not there is an existing fly-breeding hazard . The County Health Officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe . S . 3122 . 1 FLY CONTROL & ABATEMENT HEALTH 1. 3122 . 1 Except as to residences and living quarters , the Health Officer, or his authorized deputies or inspectors , for the O1ar-f)o:;c- o[' routine inspection, or whenever he shall have reasonable a.1an(: i.o t.)eli_evc that any violation of this art- _c exist,; upon any p:rerri_i_;;e: or in any place , after d1splayi_nt; identification rna.y demand entry thereon in the daytime . Every person who owns, occupies or other- wise is then in possession of such premises and who, after such display and demand, refuses or willfully delays to open the same and admit an inspection thereof shall be guilty of a misdemeanor and subject to punish- ment upon conviction thereof by a fine not exceeding fifty dollars ($50.00) or by imprisonment in the county jail for not over five (5) days or by both such fine and imprisonment. S . 3123 ABATEMENT PROCEEDINGS . NOTICE. Whenever there exists in any place within the City of Huntington Beach, a fly-breed- ing hazard , the County Health Officer shall notify in writing, by personal service, the record owner, his agent, or person having control or posses- sion of such place or premises, to abate such nuisance and take correc- tive measures to prevent its recurrence, and. to appear at a public hearing to be held by the Fly Abatement Board on a date set forth in said notice . A copy of such notice shall also be posted in a conspicu- ous place upon such place or premises . Such hearing shall be set by the County Health Officer at least ten (10) days after the date of such notice . The notice shall specify what is claimed to be causing the hazard and what must be done to abate it, and shall direct the owner, or person in control or possession of the place or premises, to abate the nuisance, and to perform any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice, prior to the time set for the public hearing by the Fly Abatement Board, and shall advise such owner or person that in lieu of such abatement, if the Fly Abatement Board determines that a fly-breeding hazard still exists at the time of such public hearing, the County Health Officer will proceed to abate such nuisance, without further notice, unless such nuisance is abated before a date specified by the Board, and the owner of such place or premises , and the person having control or possession thereof, jointly and severally shall be liable to the county for the total cost of such work, including all administrative costs, and such costs shall constitute a charge and lien upon such place or premises . The notice shall be served upon the owner of record, or person having control or possession of the place or premises upon which the nuisance exists, or upon the agent of either. Notices may be served in the same manner as a summons in a civil action by any person authorized by the Health Officer of Orange County for such purposes . HEALTH FLY 'CONTROL & ABATEMENT S . 3124 S . 3124 ABATEMENT PROCEEDINGS . HEARING . At the time fixed for hearing by the Fly Abatement .Board, such Board, shall hear and consider all relevant testimony and. evidence offered by the owner of record., or person having control or possession of. the place or pre- mises upon which the fly-breeding hazard is stated in such notice to exist by the County Health Officer or 'his agent, and by any other interested person. Upon the conclusion of the hearing, the Board shall make the following findings: (a) Whether a fly-breeding hazard exists; (b) What is causing the hazard specifically; (c) What should be done by the owner or operator to abate the hazard; (d) What work, if any, should be done by the owner or operator to pre- vent its recurrence; c (e ) Whether the owner or operator shall comply with any specific re- gulations of the Health Officer; and (f) Whether the Health officer shall abate and specifically what he may do at his option; including but not limited to directing the owner or person having control of the premises to abate said nuisance, provided that anything not included in the . Board 's order shall not be done by the Health Officer. If the Board determines that such fly-breeding hazard exists, it shall direct the County Health Officer to abate it, without further notice, unless the condition is abated and such work performed by the owner or operator on or before a date to be specified by the Board . S . 3125 FLY-CONTROL STANDARDS . The Fly Abatement Board, upon recom- mendation of the Health Officer, is authorized to adopt fly- control standards for operation and design of commercial dairy farms , commercial poultry ranches and horse stables to serve as guidelines in the abatement proceedings described in Section 3124. All such standards shall be printed and made available to all dairymen, poultrymen and horse-stable owners or operators . S . 3126 COSTS . All costs shall constitute a charge and special assessment upon such parcel of land incurred by the city and/or county. If such costs are not paid within a period specifically set by the city and/or county, they shall then be declared a special assessment against that parcel as provided in Government Code Sections 25845 and 38773 .5 . Such special assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and. the same procedures and sale' in case of delinquency as provided for ordinary county taxes . The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. S . 3127 FLY CONTROL & ABATEMENT HEALTH S . 3127 OTHER REMEDIES NOT EXCLUDED. The provisions of .this article are to be construed as an added remedy to abate the nuisance hereby declared., and not in conflict with or derogation of any other -j.ct:i_on.1 or proceedings or remedies otherwise provided by law. 128 ADMINISTRATION AND ENFORCEMENT. Without limiting the power of city so to do, the County of ,Orange and all its officers , employees and agents are hereby authorized and empowered to enforce and administer the provisions of this article within the City of Huntington Beach. S . 3128. 1 Penalty. Any owner or person having control of any place or premises upon which there is existing a breeding place for flies , who refuses or neglects to abate same or to take corrective measures to prevent its recurrence, in accordance with the written notice, shall be guilty of a misdemeanor and. subject to punishment upon conviction thereof by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the county jail, or by both such fine and imprisonment. S . 3129 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article and. each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. I f NAT./.I1 I SANITATION S 31;1 ARTICLE 313 DUST.•AND, INDUSTRIAL WASTE (1091) S . 3131 DEFINITION: INDUSTRIAL -WASTE: Any and all liquid or solid waste substance ..in. sewage from any processing or manufactur- ing of whatever nature . S . 3132 It shall be unlawful for any person, firm or 'corporation to permit, maintain, or create a situation wherein the dust; smoke, soot, carbon or industrial waste on any property, under his, her or its control, creates a public nuisance . (1253) S . 3133 ESCAPE OF SMOKE` CARBON SOOT.' No person shall cause, permit or allow smo e, carbon, or soot from any fire being operated, used, maintained or fired by such person to escape from any smokestack, chimney, flue. - vent, firebox, kiln or furnace . (1253) S . 3134' ABATEMENT PROCEDURE. (1253) S . 3134.1 Whenever there exists in any place within the City of Huntington Beach' a public nuisance created by industrial waste or dust, the Health Officer shall notify in writing the record. owner or person having control or possession of such place or premises to abate such nuisance : S . 3134.2 The notice shall direct the owner or person in control or possession of the place or premises, within the time spec- ified in said. notice, to abate the nuisance and to perform any and all work necessary to prevent the recurrence thereof in the places or pre- mises specified in the notice . S . 3134.3 The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nuisance exists, or upon the agent of either. S . 3134.4 Notices may be served. by any person authorized. by the Health Officer for such purpose in the same manner as a summons in a civil action. S . 3134.5 Upon the neglect or refusal of the owner, or person having control or possession of any place or premises to comply with the notice to abate, the Health Officer may abate such nuisance and. the owner of such place or premises, or the person having control or possession thereof, shall be liable to the City of Huntington Beach for the costs of such abatement which may be recovered. in a civil. action. S . 3134.6 SANITATION HEALTH S . 3134.6 In the event the Health Officer elects to abate any such nuisance, he shall serve or cause to be served upon the record owner or the person in control or possession of the premises a "Notice of Intention to Abate" and. if a hearing is not requested before the City Council as hereinafter provided within ten (10) days . after service of said "Notice of Intention to Abate, " the Health Officer may proceed. to abate any such nuisance as hereinabove provided . S . 3134.7 The request for hearing shall be in writing and be filed with the City Clerk. Notice of the time and. place where' the City Council will consider the matter shall be mailed by the City Clerk to the applicant and to the Health Officer. At the time fixed for the hearing, the City Council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the appli- cant and by the Health Officer. Upon the conclusion of the hearing the City Council shall determine whether or not a condition contrary to the provisions of this article exists and whether or not the Health Officer may abate . F S . 3134.8 Any owner or person having control of any place or premises . upon which there is a public nuisance created. by industrial waste or dust, who refuses or neglects to abate the same or to take corrective measure to prevent its recurrence in accordance with the written notice from the Health Officer within the time specified in said notice, shall be guilty of a misdemeanor and subject to punish- ment upon conviction thereof by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the County Jail or by both such fine and. imprisonment. S . 3134.9 Provisions of this article in reference to abatement are to be construed. as an added remedy of abatement of the nuisance hereby declared and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. 4' HEALTH SANITATION So 3141 ARTICLE 314 WASTE WATER (1253) So 3141 Definition . ® Waste Flowing Into Street. It shall be unlawful for any person, firm or corporation, either as. principal, agent, servant, employee, or otherwise, to cause or permit crude, dis- tilled or refined .oil or petroleum, or water, waste water or mud, or any byproduct of any oil product on activity or any substance resulting from oil production activity, to become deposited upon or to flow upon, into or across any sidewalk, curb, alley or street. or into any storm or sanitary drainage system, sewer or gutter, S . 3142 Oil Well Waste Water Permit: Clarifier. The Oil Field Superintendent may issue a permit to -any- person, firm or 'corporation to deposit water or wastewater into any storm or sanitary drainage system of this City, provided such water or waste water does not contain crude, distilled or refined petroleum or mud or any -re- siduary products of petroleum or other substances mentioned in Section 5650 of the Fish and Game Code of the State of California and provided further that a clarification system approved by the Oil Field Superin- tendent is installed and. properly maintained for the purpose of treat- ing said water, (1320) Se 3142.1 Application Fee. A. verified application for such permit shall be filed with the Oil Field Superintendent, together with - a 'fee of $5.00 per well for the use and benefit of this City, which said sum shall be retained by the City whether said application is granted or denied. (1320) S . 3142. 2 Contents of Application: Property Description, Said ap- plication shall contain a description of the property upon which said water or waste water is located. So 3142.3 Property Owner: Discharge Point. The application shall contain the name of the owner of the property and shall designate the point where the water will be discharged into said drain- age system or sanitary sewer. S , 3142.4 Method of Clarifying. The application shall contain the method of clarifying and settling the objectionable -sub- stances from said water, including plans and specifications of waste water settling system, . S , 3142.5 Easements : Promise to Indemnify. If said waste water is to be conducted over private property belonging to persons` other than applicant, a statement that permission from the owner or owners of said property has been .secured in writing together with an agreement on the part of the applicant to indemnify and hold harmless this City and its officers and employees form any liability accruing to this City, its officers or employees on account of the granting of said application. So 3142.6 Permittee to Pay Costs . All costs incurred by the permittee and all damages to city property by reason of permittee con- necting to or closing out any of his connections to city property shall be at permittee 's sole cost and expense, S. 3143 . SANITATION HEALTH S � 3143 Hearing After Denial. In the event the Oil Field Superin- tendent denies the application for a permit for the dis- posal of waste water, the applicant may, within thirty (30) days there- ); after, upon request therefor, be granted a hearing before the Council, at which hearing the Council may take evidence for and against said permit and either grant or deny said application. (1320) S . 3144. Contents of Permit. The permit shall specify the location of the clarifying plant, type of plant to be used including plans and specifications approved by the Oil Field Superintendent. (1320) S . 3144.1 Discharge Point. The permit shall contain the location at which water will be discharged into the drainage system or sanitary sewer, the size of discharge pipe and method of discharge. S . 3145. Fee. The fee for said permit shall be $30.00 per well per calendar year, payable annually, and becoming deliquent on the first day of February each year. Where permits are issued for the unexpired portion of the annual term� the amount of the permit fee required shall be prorated on a monthly basis . The minimum permit fee for an unexpired annual term shall not be less than two month's fee or $5.00 per well. (1320) S . 3145.1 Deposit of Fees . All fees collected under this Article by the Director of Public Works or the Oil Field Super- intendent shall be deposited in the General Fund of the City. (1320) S . 3145. 2 Penalty for Delinquency. If any fee herein required to be paid to the City is not paid at the time and in the manner herein provided, the same shall, thirty (30) days thereafter, automatically be and become delinquent, and a penalty in an amount equal to ten percent (10%) of such fee shall be added thereto each month, but not to exceed said yearly fee. (1320) S , 3146 Bond. The Director of Public Works or the Oil Field Superintendent may require a bond from the applicant conditioned upon the faithful performance of the conditions of said permit including the indemnification from any and all liability on account of the issuance of said permit and for the payment to the City of all fees required to be paid by the City under this Article and said bond shall be in such sum as the Director of Public Works or the Oil Field Superintendent shall deem proper. (1320) S . 3147 Valve Gate. The discharge line shall have a valve gate, located at the point of discharge, capable of being locked. HEALTH SANITATION So 3147.2 So 314702 Rules For Laying Drain Pipe to Sanitary Sewer. _ No sanitary sewer shall be opened except by a licensed plumber and care must be taken that no cement pipe or other material shall be used in making connections and shall be of such a length that they do not extend over 4 inches into sewer "Y" of chimney. Trench from main sewer to property line to be properly settled when back®filled. Upon discontinu- ance or cancellationythe drainpipe shall be cut off at the property line and the connection cemented off. So 3147.3 Use of Storm Drains and Sanitary Sewers . No person form or corporation shall discharge or cause to be discharged any sewage, waters, vapors or industrial wastes that have any one of the following characteristics : 1. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas , 2. Any ashes , cinders , sand, mud, straw, shavings , metal, glass , rags , feathers , tar, plastics , wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage or storm drain works . 3e Any industrial wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment . process , constitute a hazard to humans or animals , or create any hazard in the receiving waters of the sewage treatment plant, 4. Any noxious or malodorous gas or substance capable of creating a public nuisance. 5e Any liquid or vapor having a temperature higher than 850 F. unless properly treated for scale inhibition, 6 . Any industrial wastes which may contain more than 200 parts per millions , by weight, of fat, oil, or grease, (1320) S . 3148 Temporary Suspension of Permit. Upon the violation of any of the terms of the permit, including the payment of any fee before deliquency, the Director of -Public Works or the Oil Field Superintendent may temporarily suspend the permit, (1320) S , 3148.1 Citation of Show Cause, In such event, the Director of Public Works or the Oil Field Superintendent shall cite the permittee to appear before the City Council at its next meeting and show cause why his permit should not be cancelled, (1320) S , 3148. 2 Citation Without Suspension. Without suspending such permit, the Director of Public Works or the Oil Field Superintendent may cite any permittee to show cause before the City Council why said permit should not be cancelled, (1320) So 314803 Hearing: Decision, At said hearing, the Council shall take evidence and after said hearing shall decide the matter within three weeks . S . 1348 .4 Action by Councils The Council may cancel, suspend for a definite time, or modify the terms of said permit. i S , 3148,5 SANITATION HEALTH So 1348.5 Transfer of Permit. No permit issued hereunder shall be transferred except upon the consent of the Director of Public Works or the Oil Field Superintendent, Application for such transfer shall be made upon forms prescribed by the Director of Public Works or the Oil Field Superintendent and shall be accompanied by the application of the transferee for the issuance to him of such permit. The application of the transferee shall contain all the information and be accompanied by all the required documents and all fees required of any applicant for an original permit under this Article, (1320) S � 3148e6 Cancellation. The City Council reserves the right to cancel any and all permits issued under this Article after notice and hearing when public necessity and convenience require such cancellation. Upon such cancellation the Council may order re- funded any unused portion of the fees paid by the permittee. Notice hereunder shall be given by mail addressed to the permittee at the address shown on the permit at least ten days before the hearing. S . 3149. Special Industrial Waste Permit, The Director of Public Works may issue a special 'industrial waste permit to any person, firm or corporation to discharge industrial wastes into the storm and _sanitary sewer systems of this City providing the character- istics of said industrial wastes do not exceed the limitations as in- dicated below: e 1, Any liquid or vapor having . a temperature higher than 85F unless properly treated for scale inhibition, 2� Any sewage or industrial wastes which may contain more than 200 parts per million, by weight, of fat, oil, or grease, 3 � Any sewage containing over 0.5 parts per million- of dissolved sul- phides . 4. Any sewage or industrial wastes having a pH lower than 6.5 or higher than 9.0, or having any other corrosive property capable of causing damage orhazard to structures , equipment, and- personnel of the sewage -works . 5o Any sewage or industrial wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials in truck sewers or at the sewage treatment plant, S � 3149A Application Forms . Application forms for such special industrial waste permits shall be furnished by the Director of Public Works , S 3149. 2 Application Fee, The application for a special industrial waste permit shall be - accompanied by an -application fee or $5.00, no part of -which shall be returned to the applicant, So 3149.3 Fees for Special Industrial Waste Permit, The fee for the - special industrial waste permit shall be $2.50 per month for each 1200 barrels or fraction thereof of industrial waste discharged into the storm and sanitary sewer systems of this City. Said fee shall be paid monthly. So 3149A For the purpose of this ordinance, the water or waste water from the production of oil and gas wells in the City shall not be considered as an industrial waste requiring a permit under HEALTH SANITATION S . 3150.1 ARTICLE 315 WATER POLLUTION REGULATIONS (1593-8/70) S . 3150. 1 Enforcement and Administration. The County of Orange and all of its offices, emp oyees and . agents are hereby authorized and empowered to enforce and administer the provisions of this article within the City of Huntington Beach, California. S . 3150.2 Definitions . As used in this article unless the context otherwise requires: (a) Director -means the duly-appointed ad.ministor appointed by the Board. of Supervisors of the County of orange . (b ) Department means any department of the City of Huntington Beach or the County of Orange . (c) Industrial Waste means any and. all liquid or solid waste substance, not sewage from any producing, manufacturing or processing opera- tion . of whatever nature . It shall include sewage mixed with "industrial waste; " however, it shall not include domestic sewage from residences, business buildings and. institutions , containing only waste from waterclosets, wash water, baths and kitchens . (d ) Pollution of Underground or Surface Waters means any condition resulting from the depositing or discharging of industrial waste which impairs or contributes to the impairment of the usefulness of waters for human or animal consumption or domestic, agricultural, industrial, or recreational purposes, or any other useful purposes . (e) Public Agency means and includes the United States or any department or agency thereof, the State of California or any department or agency thereof, county, city, public corporation, municipal corpora- tion or public district. (f) Public Sewer means the main line sewer, publicly owned or maintained, construe ed in a street, highway, alley, place or right-of-way dedicated to public use . (a) Sewage means any waste, liquid or otherwise, associated with human occupancy of buildings including sewage effluent and water contami- nated with offal, filth and feculent matter. (h) Underground or Surface Water means any surface or subterranean stream, watercourse, lake or other body of water, and. shall include water wells and. any underground or surface storage reservoir, whether natural or artificial. S . 3150 . 3 Pollution of Water Prohibited . No person shall discharge or deposit or cause or suffer to be discharged. or deposited from any source any industrial waste in a manner which will or may cause or result in the pollution of any underground or surface waters . S . 3150.4 SANITATION HEALTH S . 3150.4 Permits for Disposals of Industrial Wastes . No person shall discharge or deposit or cause or suffer to be deposited or discharged any industrial waste into or upon any area in the city, or into any underground or surface waters in the city where such industrial waste is or may be deposited upon or may be carried through or over any area of the city or County of Orange except in conformity with the pro- vision- of this article, and unless he shall have first secured, in the manner hereinafter provided, a permit so to do from the Director; provided, however, a permit shall not be required for the discharge of industrial waste into a public sewer with an ocean outfall. S . 3150. 5 Application for Permits . Applications for permits required. hereunder shall be filed with the Director upon printed forms to be prescribed and. supplied by him. The Director may require any ad.d.itional information, including plans and specifications which he may deem necessary for the proper disposition of the application. S . 3150.6 Time Within Which Action or Application Shall be Taken. Within thirty 30 days after the receipt of all of the information requested of an applicant, the Director shall either grant or deny the permit and shall immediately notify the applicant by first class mail of the action taken. S . 3150.7 When to Issue Permits . The Director shall issue a permit for industrial waste disposal if he determines that: (a.) The material to be discharged or deposited. in the manner proposed will not cause or result in the pollution of any underground or surface waters , as herein prohibited, and (b) Under existing circumstances and conditions it is reasonable and necessary to d.ispose of the waste in the manner proposed . The Director may incorporate in any permit issued pursuant to this article, such limitations or conditions as may be reasonably necessary to effectuate the purpose of this article and. may from time to time, review the limitations or conditions which have been incorporated in any permit theretofore issued, giving consideration to changed conditions , and may, whenever in his judgment it is advisable or required in order to maintain the waters of the city and county free from pollution, alter, revise, modify, delete or ad.d further limitations or conditions appli- cable to any permit theretofore issued . No such alteration, revision, modification, deletion or ad.d.ition of limitations or conditions shall be effective, however, until notice in writing thereof shall have been served upon the permittee in the manner provided by Section 3150.14 of this article . S . 3150.8 Permit Does Not Authorize Certain Acts . A permit issued under this article does not authorize any act or acts for- bidd.en by any law, rule, regulation or order of any public agency or department and such fact shall be so stated on the face of all permits issued . HEALTH SANITATION S . 3150. 9 S . ;150. 9 Term of Permits . A permit for the disposal of industrial waste shal be valid until suspended or revoked in the manner hereinafter provided . S . 3150. 10 Transfer of Permits . The Director may transfer a permit to the successor in interest of a permittee upon the filing by the successor in interest of a written application therefor, together with such evidence of transfer of title or interest as the Director may require, provided., however, a permit shall not be transferable from one location to another. The Director shall immediately notify by first class mail, the person requesting a transfer of a permit of the action taken. S . 3150. 11 Tests and Inspections . For the purpose of securing compli- ance with this article, the Director shall make periodic tests of samples of industrial waste obtained. from the place or places of discharge or deposit, and such other tests deemed necessary for proper administration hereof . For the purpose of making such tests or inspections, the Director or his duly authorized deputies or agents shall be permitted at all reasonable hours to enter any premises or place where industrial waste is being or is proposed to be discharged. or deposited, or where there may be a violation of this article . S . 3150. 12 Cooperation by Other Departments . In carrying out the duties imposed upon him, the Director may request and receive the aid of any other city or county department. S . 3150. 13 Enforcement'. The Director shall enforce this article and. shall, upon his own initiative or may upon the complaint of any person, investigate any violation of this article, or of any permit issued hereunder. For such purpose, he shall have the powers of a peace officer. S . 3150. 14 Notice of Violation. Whenever the Director finds that any person is acting in violation of any provision of this article or of any permit issued hereunder, he shall serve upon the person causing or suffering such violation to be committed, including the per- mittee, if a permit has been issued, a notice of violation. The notice shall state the act or acts constituting the violation and shall direct that the violation be corrected within such time to be specified in the notice as the Director may deem reasonable . Unless otherwise expressly provided , any notice under this article required to be given by the Board of Supervisors or the Director shall be in writing and may be served either in the manner provided in the Code of Civil Procedure for the service of process or by registered mail. When service is by regis- tered mail , the notice shall be sent to the last add.ress given to the . Director. S . 3150. 15 Cessation of Activities . Whenever the Director finds that the continued violation of any provision of this article or of the conditions of any permit issued hereunder is so aggravated that the prevention of pollution of underground or surface waters re- quires the immediate cessation of the activities causing the violation, he may so direct in a notice of violation. A person who has been so notified shall immediately cease all such activities and shall not resume them until the Director determines that all of the violations charged in the notice have been corrected . S . 3150. 16 SANITATION HEALTH S . 3150. 16 Suspension of Permit The Director may suspend a permit by giving notice thereof to the permittee: (a.) When a permittee fails to rectify a violation within the time specified in a notice thereof, or (b) When a violation is so aggravated as to require cessation of activities as provided in the preceding section. A permit suspended by the Director shall be reinstated by him when all of the violations charged in a notice thereof have been corrected . S . 3150. 17 Revocation of Permits . The Board. of Supervisors may, after notice and hearing as hereinafter provided , revoke a per- mit on any one or more of the following ground.s: (a) Fraud or deceit in obtaining a permit . (b) Failure of a permittee to correct a violation within the time pre- scribed in a notice of violation. (c) Willfull violation of any provisions of this article of a cond.ition or limitation of a permit, or of any lawful order of the Director. S . 3150. 18 Proceedings for Revocation of Permit. Proceedings for the revocation of a permit may be initiated: (a) By the Director by serving upon the permittee a copy of and. filing with the County Clerk, a written recommendation of revocation set- ting forth the grounds therefor and requesting a hearing thereon before the Board of Supervisors; or (b) By the Board of Supervisors, on its own motion or upon complaint of a third person, by serving or causing to be served upon the permittee and the Director, a notice of intention to revoke, set- ting forth the grounds therefor and designating a time and place for hearing thereon. S . 3150. 19 Request for Hearing. A person who is dissatisfied with an action of the Director may request a hearing before the Board of Supervisors . Except as specified in Section 3150. 15, the decision of the Director shall be suspended pending the decision of the Board of Supervisors . S . 3150.20 When and How Hearings May Be Requested . Any person who feels himself aggrieved by. an action of the Director: (a) Denying an application for a permit or incorporating limitations or conditions in a permit . (b) Denying an application for the transfer of a permit . (c) Ordering the correction of a violation of any provision of this article, or of a condition or limitation of a permit issued here- und.e r. HEALTH SANITATION S . 3150.20 (d ) (d) Directing the cessation of operations pending the correction of a violation, or (e) Suspending or refusing to reinstate a permit suspended by him, may, within thirty (30) days after receipt of a notice of the action complained of, serve upon the Director a copy of and file with the County Clerk a written request for a hearing before the Board of Supervisors . The request shall set forth in concise language the particular action or actions complained of and. the reasons why the person or permittee feels, himself aggrieved. thereby. Failure to file a request for hearing within the time prescribed herein shall constitute a waiver of any objection to the action of the Director and his action shall be final. S . 3150.21 Notice of Hearing . When a request for hearing is filed with the County Clerk, the Board of Supervisors shall set the matter for hearing and give notice of the time and place thereof to the person requesting the hearing, the Director and. any other person or public agency requesting notice thereof. The hearing shall be held. not more than thirty (30) days after a written request therefor has been filed with the County Clerk and not less than ten days after the issuance of the notice thereof. S . 3150.22 Hearing . At the time and place set for hearing, the person requesting the hearing, the Director and any interested person or public agency may appear and be heard either in person or by counsel. S . 3150.23 Decision. The Board of Supervisors shall, within thirty 30 days after conclusion of the hearing, render its deci- sion. The Board of Supervisors may: (a) Confirm the action of the Director. (b) Direct the Director to issue a permit with or without such conditions or limitations as the Board may deem appropriate . (c) Vacate or modify the suspension of permit . (d) Cancel a notice of violation or modify such notice in such particu- lars as the Board may deem appropriate . (e) Direct the Director to transfer a permit. (f) Revoke a permit on any of the ground.s specified in Section 3150. 17. S . 3150.24 Penalty. Any person convicted of a violation of any pro- vision of this article shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ($500) , or by both such fine and imprisonment . S . 3150.25 SANITATION HEALTH S . j15().25 S :vcrability. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences, clauses or phrases may be declared invalid or unconstitutional. HEALTH FOOD S. 3310 CHAPTER 33 FOOD ARTICLE 331. FOOD HANDLING ESTABLISHMENTS 332. LUNCH WAGONS ARTICLE 331 FOOD HANDLING ESTABLISHMENTS (1254, 1892-1/74) S. 3310 DEFINITIONS. The following terms used in this article shall have the meanings indicated below: (a) Health Department. or Department shall mean the Orange County Health Department, which acts .as the health department of the City pursuant to resolution made under the provisions of Section 476 and Section 477 of the Health and Safety Code of the State of California. , (b) Health Officer shall mean the County Health Officer or his deputy or .assistant duly authorized to.'act in his behalf in case of his absence or incapacity. (c) Inspector shall mean a sanitarian, as defined in Health and Safety Code Section 540, employed by the Health Department or the Health Officer or any deputy health officer authorized to inspect food-handling establishments or equipment for the enforcement of this article. (d) Food-handling Establishments shall include land, buildings, vehicles, ships and other vessels wherein food is handled, stored, distributed, prepared,, processed, served or sold, and also equipment installed or used in food-handling establishments. (e) Bakery shall be as defined in Section 28190 of the California Health and Safety Code. (f) Food Processing Establishment shall be defined in Section 28280.1 of the California Health and Safety Code. (g) Restaurant shall be as defined in Section 28522 of the California• Health and Safety Code. (h) Itinerant Restaurant shall be as defined in Section 28523 of the California Health and Safety Code. (i) Retail Food Production and Marketing Establishment shall be as defined in Section 28802 of the California Health and Safety Code. (j) Vehicle shall be as defined in Section 28524 of the California Health and Safety Code. (k) Vending Machine Business shall mean the business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located. (1) Ice Plant, Self-contained Ice Plant, and Ice Distributor shall be as defined in Section 4003 of the California Health and Safety Code. 2/7/74 S. 3311 FOOD HEALTH S. 3311 PERMIT REQUIRED; CONDITIONS AND TERMS. (a) It shall be unlawful for any person or other legal entity to operate any food- handling establishment in which food is prepared, sold, processed or manufactured, or served for public consumption without first applying for and .receiving a food vending permit for such operation issued by the Health Department under the provisions of this article. Retail food production and marketing establishments shall not be subject to the provisions of this article. (b) The food-handling establishments to which this article applies shall include, but not be limited to, any restaurant, itinerant restaurant, food vehicle, food vessel, bakery, food processing establishment and ice plant located in the City of Huntington Beach and any vending machine business operating vending machines in the City of Huntington Beach regardless of the location of the facilities from which they are served. (c) Every applicant for a food vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the location of the food-handling establishment, the character of the establishment which is proposed to be conducted, . and such other information as the Health Department may require. (d) No permit shall be granted, renewed or reinstated unless the Health Department determines, upon making an investigation, that the food-handling establishment for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist in the establishment which are, or which may be, unsafe, insanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public. (e) Nor shall a permit be granted, renewed or reinstated unless the Health Department determines that the condition of the food-handling establishment is in accordance with the requirements of all applicable provisions of the California Health and Safety Code, of this article, and that said food-handling establishments are capable of being operated in accordance with such laws and regulations. (f) Permits may be granted at any time during the year, but all permits shall expire at the end of the calendar year. Each permit shall be posted in a conspicuous place on the food-handling establishment or vehicle for which it is issued. S . 3312 CONSTRUCTION, CONVERSION AND ALTERATION. Prior to the construction, conversion or alteration of any food establishment, or construction or purchase' of a model of vehicle not previously under permit to any person in the City, three (3) copies of the plans and specifications therefor shall be submitted to the Health Department. The Health Officer or his authorized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and regulations. S. 3312.1 BUILDING PERMITS. The Department of Building and Community Development of the City of Huntington Beach shall notify the Health Department when plans are received to build or remodel a food establishment. S. 3312.2 SANITATION REQUIREMENTS. (a) All food-handling establishments for which a permit is required by this article shall be constructed, equipped, operated and maintained so as to comply with the pertinent sections of the California Health and Safety Code. In addition, at least a single-compartment janitorial sink with hot and cold running water, or other approved facilities, shall be provided for general clean-up purposes. 2/7/74 HEALTH FOOD S. 3312.2(b) (b) A hand lavatory shall be provided in each food preparation and packaging area for employees. S . 3312.3 SUSPENSION OF PERMITS. A permit issued under this article may be suspended, under the procedure set forth in Sections 3313 through 3315 .1 for any of the following reasons: (a) violation of state law; .(b) violation of this article; or (c) upon a recommendation for revocation of the permit, pending a hearing thereon. ; S. 3313 NOTICE OF VIOLATION. When any of the aforesaid laws, this article, or rules and regulations have been .violated an inspector may serve written notice thereof entitled "Notice of ;Violation" specifying: (a) the acts and conditions constituting each violation; (b) the provision or provisions violated thereby; (c) the corrective steps required; (d) the date by which all such corrections must be completed, allowing a reasonable period therefor; (e) that the permittee has a right to a hearing, upon request; and (f) that if no hearing is requested, and if the Health Department does not receive notice that all such corrections have been made before 9:00 a.m, of the date named under (d) above, or within fifteen (15) days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected. S. 3314 HEARING. The permit holder shall have the right to a hearing, on all violations listed in -the notice. The permit shall, however, be suspended. unless the Department receives from the permit holder, before 9:00 a.m. of the date specified under Section 3313(d) , a written or oral request for a hearing or a notice that all violations -have been corrected as specified. The hearing shall be held by the Health Officer or his duly authorized representative who is a qualified sanitarian as defined in Section 540 of the Health and Safety Code and registered as provided in Section 542 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measures taken. The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall either: (a) suspend the permit until it is corrected; or (b) extend the time or modify the measures to be taken for correction before suspension; or (c) declare that the violation has'been corrected so as to comply with the applicable law; or (d) declare that there was no violation. 2/7/74 S . 3315 FOOD HEALTH S. 3315 SUSPENSION FOR REFUSAL OF ENTRY. It shall be a violation of this article for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the food'-handling establishments described in Section 3310 above, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the establishment. S. 3315.1 SUMMARY SUSPENSION. Whenever an inspector finds insanitary or other conditions in the operation of any food establishment which, in his judgment, constitute an immediate and substantial hazard to the public health, he shall issue a written notice to the permit holder or person in charge of the food- handling establishment stating that the permit is immediately suspended and shall set forth the substance of the suspension as provided in Section 3313. Any person to whom such an order is issued shall immediately comply therewith; but, upon request made to the inspector who orders the suspension, or the Health Officer or his authorized representative, either personally or by telephone or in writing, he shall be afforded a hearing as soon as possible, and notice of' its setting may be given in the same manner as the request. S. 3315.2 SUPERVISION OF CLOSING DOWN PREMISES. When any permit is first suspended hereunder, or when any food-handling establishment governed hereby as defined in Section 3311(b) shall have been closed for business and left in an insanitary condition, the Health Department shall have the power to enter to insure that the food-handling establishments are closed .down in the manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition. of the food- handling establishment, the owner of the food-handling establishment shall be notified of the insanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. S. 3316 RULES AND REGULATIONS. The Health Officer may adopt and enforce rules and regulations necessary to administer this article including regulations pertaining to: (a) forms for applications, permits and notices; (b) forms and procedures for hearings _upon the granting, denying, suspending, revoking or reinstating of permits; and (c) inspections of food-handling establishments and reporting thereon. S . 3317 PENALTY. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not less than Twenty-five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00) or by imprisonment for a period not exceeding six (6) months, or by both such fine' and imprisonment. S. 3318 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this article, or any future amendments or additions thereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article, or any future amendments or additions thereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. HEALTH FOOD S 3321 ARTICLE 332 LUNCH 'WAGONS S . 3321 Lunch flagons Restricted, It is unlawful for any person to place, keep or maintain or permit or cause to be placed or maintained, either for himself or as an employer, employee , tenant, landlord, agent., owner or representative, any wagon, truck, vehicle or other structure on wheels , where there is conducted a lunch counter, chili wagon, restaurant or other place where meals , lunches , sandwiches , coffee or other foodstuffs are served to the public , to be eaten on the place or in which any other business is conducted or carried on, within Fire District No, 1, of this City, (212) S . 3322 Motor Vehicles . Prohibiting Sale of Food 'From; It shall be unlawful for any person, firm or corporation owning, driving or having control of any wagon or vehicle used in or for carrying on business of peddler of fruits , buttermilk, milk, soda water, or any other beverage, ice cream, bread, crackers , cakes , pies , confections , sandwiches , meats , or other edibles in- tended for use as food for human consumption, to sell, give away, or dispose of any articles named above to any schoolchild on any street, alley, lane , way or public place within a radius of 800 feet of any school, park, playground or City or metropolitan Park and/or operated recreation center . (887) HEALTH WATER DEPARTMENT S. 3411 CHAPTER 34 WATER DEPARTMENT ARTICLE 341. CREATION OF WATER DEPARTMENT 342. SERVICE CONNECTIONS 343. FEES, RATES AND DEPOSITS 344. REGULATIONS APPLYING TO USE OF WATER 345. EXTENSION OF WATER MAINS 346. CONSTRUCTION & ABANDONMENT OF WATER WELLS ARTICLE 341 CREATION OF WATER DEPARTMENT S. 3411 WATER DEPARTMENT CREATED. There is hereby created a Water Department for the City of Huntington Beach which shall embrace and include all property of every character used in or incident to the production, storage, conveyance and delivery of water to the consumers, thereof, in the City, together with all other property that may from time to time hereafter be added to it for such purposes. (674) S. 3412 WATER SUPERINTENDENT, CREATION OF: The office of Water Superintendent of the Huntington Beach Water Department is hereby created and the City Council shall appoint such Water Superintendent who shall hold office during the pleas- ure of the Council and shall receive such compensation for his services as the Council shall direct. (674) S. 3412.1 ACTING WATER SUPERINTENDENT: The City Engineer of the City of Hunting- ton Beach shall be the Acting Water Superintendent of the Huntington Beach Water Department until such time as the City Council shall appoint a Water Superintendent. The City Engineer shall receive no additional compensation for ser- vices rendered as Acting Water Superintendent, unless directed by. the City Council. (674) S. 3413 WATER SUPERINTENDENT. DUTIES OF: The Superintendent of the Water Department of the City of Huntington Beach shall be responsible for the operation of said Water Department and the performance of the duties, obligations and requirements as set forth in Chapter 34 of the Huntington Beach Ordinance Code, and shall perform such other duties as may be designated from time to time by the City Council. (674) S. 3414 The Superintendent of the Water Department of the City of Huntington Beach is hereby authorized and directed to add sodium fluoride to the water in the city water system in such amounts that the total fluoride content of such water shall not exceed one part fluoride per million parts of water. (1594 - 8/70) i 6/20/74 r S. 3421 WATER DEPARTMENT HEALTH ARTICLE 342 SERVICE CONNECTIONS S. 3421 Application Form: Before water can be. served from the City mains to any person or for any premises , such per- son or the owner or occupant of such premises shall make written application for such services upon a form provided by the City . Water Department. The information required in all instances where application is made for water, shall include the name and address of applicant , description of the property where service is desired, together with the applicant ' s status as owner or lessee. (674) S. 3422 Separate Service Connections Required: Every premise supplied by City water shall have its own separate ser- vice connection with the City Main, and the premises so supplied shall not supply water to any other premises. (674) S. 3423 Service Connections. Multiple Occupancies on Same Premises : ere more than one occupany is placed on the same par- cel of property and each is conducting a separately established residence or business , a water meter shall be required and in- stalled for each occupancy, unless otherwise approved by the Water Superintendent. (674) S. 3424 Service Connections : Exceptions : (a) Where there exists a dwelling on the rear of a lot , in front of which is another dwelling, one service may be provided for such premises. The cost of such water meter installation and service shall be paid by the owner or party receiving service. (b) Where two or more buildings owned by the same person are built upon the lot , said buildings may be served by one service pip& and one meter if approved by the Water Superintendent. (674) S. 3425 Service Connections : Split of Pro ert : Whenever one service pipe and meter has been serving more than one occupancy on the same parcel of property owned by one owner , and the property ownership is severed; the Water Superintendent may in his discretion require separate service pipe and meter for each occupancy. (674) S. 3426 Interfering with Pipes : No person shall, without the permission of the Water Superintendent , or his duly appointed agents or employees , remove, change, disturb , or in any way tamper with or interfere with any of the facilities , apparatus, appliances or property used or maintained for the production, storage or supply of water by the City to consumers thereof; nor shall any person without the permission of the Water Superintendent E install any pipe ,apparatus , appliance or connection to any part of the "system of water works in the City. (674) HEALTH WATER DEPARTMENT S . 3431 ARTICLE 343. FEES, RATES AND DEPOSITS S . 3431 SERVICE FEE The Water Department, as a condition to granting the application and furnishing. water service to the premises, is' authorized to charge- and shall collect in 'advance the following sums for the purpose of reimbursing tl-)e City for the cost of the system and future' replacements 'and extensions thereof . (a,) The sum of -Thirty and no/100 ($30.00) Dollars _for _each dwelling unit on parcels containing less than ten-thousand 10,000 square feet . A "dwelling unit" shall be each residential quarte,r. in hotels, apartments, and motels , and each trailer space providing permanent facilities in trailer parks . (b) For any parcel containing ten-thousand (10,000) square feet of area, or more., One Hundred and_ Fifty and no/100 ($150.00) Dollars per acre or each fraction thereof, of Thirty and no/100 ($30.00) Dollars per dwelling - units , whichever is greater . A "dwelling unit" shall .be any unit defined in 3431 (a) above. The charge of $150.00 .per acre shall apply to all commercial and manufacturing developments, and those portions of trailer parks Which accommodate overnight parking. (c) Those areas served by a. water main constructed and charged as determined by another ordinance or executed agreement may be exempt from the dwelling unit charge in 3431 (a) if said other ordinance or agreement charge is greater than charge per said 3431 (a,) . (674, 723, 1001, 1100) S . 3431.1 Installation and Meter Fees . In addition to the fee set forth in Section (aT a, ove, the -Water Department shall charge and collect in advance, the following amounts for the installa- tion of water connections and meters: (a) A sum equal to the actual cost of labor and material in laying such service line, including the cost of the meters, the cost of replacing pavement, plus ten percent (10%) for overhead . The cost of such installation shall be estimated by the Water Depart- ment, and such estimated cost shall be paid by the applicant to the Water Department before the work of connecting the main with the property is commenced . Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and . overhead , the deficit shall be charged to the property for which such installation was made and paid by the owner thereof. Any excess payment shall be returned to the person applying for installation . (674) 4/18/74 1 S. 3431.2 WATER DEPARTMENT HEALTH S, 3431.2 INSTALLATION BY APPLICANT. The Water Superintendent may in his discre- tion authorize an applicant to make the installation at applicant's own cost, and In conformity with the specifications set forth by the Water Department. (674) S. 3432 WATER RATES. The water rates to be charged and collected monthly or bi-monthly as may be determined by the City of Huntington Beach from consumers of water supplied by the City are hereby established and the Water Department is hereby authorized and directed to charge and collect the same as follows: DOMESTIC, COMMERCIAL AND INDUSTRIAL SERVICE . Quantity Rates. First 1,000 cu. ft. or less $2.70 Next 1,000 cu. ft. per 100 cu. ft. 0.24 Next 1,000 cu. ft. per'100 cu. ft. 0.22 Next 2,000 cu. ft. per 100 cu. ft. 0.20 Over 5,000 cu. ft. per 100 cu. ft.. 0.18 MINIMUM CHARGES Size of Service Minimum Charge Per Month Water in Cu. Ft. 5/8" or 3/4" $ 2.70 1,000 1" 4.40 1,700 All - 5.10 2,000 2" 7.30 3,000 3" 14.70 7,000 4" 27.30 14,000 6 47.10 25,000 8" 65.00 35,000 10" 92.10 50,000 12" 146.10 80,000 A charge of $1.00 shall be made for each unit in excess of one connected to each meter. Unit shall mean any building or a portion of a building consisting of one or more rooms separated from the rest of the building by a partition,. occupied independently of the other parts of said building, or another building. (1100, 1217, 1343-A, 1344, 1901 - 3/74) HEALTH WATER DEPARTMENT S . 3432. 1 S . 3432. 1 Water Rates : Construction Purposes : All construction water shall be taken from existing outlets designated by the Water Department or from special outlets installed at the expense of the consumer. If• in the determination of the Water Department, the setting of a meter is impracticable or uneconomical for the supply of construction water, the charge for such unmetered water shall be as follows : (1) Housing Tracts or Sub-divisions will be a flat rate of $5.00 per unit during construction. (2) General Construction: (a) For each one-hundred (100) lineal feet of curb - Twenty cents ($0. 20) . (b) For each one-hundred (100) square feet of sidewalk - Ten cents ($0. 10) . (c) For each one-hundred (100) square feet of concrete pavement - Twenty cents ($0. 20) . (d) For each barrel of cement used for other construction - Ten cents ($0. 10) . (e) For settling each one-hundred (100) lineal feet of backfill in trenches not over three (3) feet in depth and two (2) feet in width - Eighty cents ($0.80) . (f) For larger trenches a proportional charge shall be made as estimated by the Water Department. (g) For settling each one-hundred (100) square feet of graded street - Ten cents ($0. 10) . (h) For settling filled ground a charge will be made for a quantity of water equal to one-third the cubic contents of the fill at a rate of Twenty cents ($0. 20) per one- hundred (100) cubic feet. (i) For miscellaneous uses not herein specified, the quantity of water shall be estimated by the Water Department and charged at the rate of Twenty cents ($0. 20) per one- hundred (100) cubic feet. (792) S . 3432. 2 Water Rates . Other Uses . Schools . Fairgrounds , Etc : T Water used for any purpose not hereinbefore enumerated, or for schools , hospitals and similar uses , shall be furnished and charged for either at meter rates or at a special rate to be fixed by the City Council under separate agreement with the consumer. (674) S . 3432.3 WATER DEPARTMENT HEALTH S . 3432.3 Private Fire Service Rates : The monthly rates for private fire service protection shall be at the follow- ing flat rates : Size of Service Monthly Rate 2 inch or less $ 2.00 3 inch 3 .00 4 inch 4.00 6 inch 6 .00 8 inch 8 .00 10 inch 10.00 12 inch 12.00 (751) S . 3432.4 COMMODITY ADJUSTMENT CLAUSE. This clause shall be applicable to the areas served by the City of Huntington Beach. Water charges will be based on the per cent use of pumped water as against purchased water and their related costs . The base year shall be 1965-66 . J COST IN BASE YEAR. 1. Orange County Water District Tax per acre foot $ 11.00 2. Metropolitan Water District. Cost per acre foot, West Orange County Feeder 33 .00 East Orange County Feeder 37 .00 Schedule rate charges in all rate blocks will be adjusted when gross costs per acre foot are above the base year as follows : $0.00 to $3 .99 per acre foot change $0.01 - Per 100 Cu. Ft. 4.00 to 7 .99 per acre foot change 0.02 - Per 100 Cu. Ft. 8 .00 to 11.99 per acre foot change 0.03 - Per 100 Cu. Ft. 12.00 to 15. 99 per acre foot change 0.04 - Per 100 Cu. Ft. 16 .00 to 19 .99 per acre foot change 0.05 - Per 100 Cu. Ft. 20.00 to 23 .99 per acre foot change 0.06 - Pe.r 100 Cu. Ft. 24 .00 to 27 .99 per acre foot change 0.07 - Per 100 Cu. Ft. 28 .00 to 31 .99 per acre foot change 0.08 - Per 100 Cu. Ft. 32.00 to 35.99 per acre foot change 0.09 - Per 100 Cu, Ft. Minimum charge shall increase in direct proportion to the increase in rate blocks under the Commodity. Adjustment Clause . (1217) HEALTH WATER DEPARTMENT S . 3433 S . 3433 Applications for Water Service : All applications for water must be made out on the forms provided by the Water Department and .must be signed by the applicant. . All applicants other than real property owners holding title by recorded deed to the property served must- deposit with the Water . Department, an amount equal to four (4) times the sum of the minimum charge for the type of service rendered, but in no event less than ten ($10.00) Dollars , as a guarantee that all water bills , fines and penalties shall be paid by the applicant. The deposit shall not be returned to the applicant, unless the water service is discontinued, and then only in the event that all water bills , fines and penalties of the consumer have been paid in full. (674) S . 3434 Water Rates . Turn on Charges : No charge shall be` made for the transfer due to change of ownership or occupancy. . Where the owner or occupant requests temporary turn off of water service, a charge of Three ($3 .00) Dollars shall be made for restor- ing the water service to the premises . (674) S . 3435 Water Rates . Payment of Water Rates . Whenever the distribution line of the municipal water system shall be duly connected with the premises of any person, and the water . . ....-funned on such premises , the charge for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to said premises , whether the same is actually used or not. (674) S . 3435. 1 Date Payable . All Water rates are due and payable at the office of the Huntington Beach Water Department the day after mailing date of bill each month or bi-monthly and shall become delinquent on the fifteenth (15th) day thereafter and if not paid thirty (30) days after the mailing date the Water Superintendent As hereby directed, through his deputies , to shut off the water from the premises and the water shall remain. .shut off until all rates , fines and penalties have been paid. When the supply of water has been shut off for a violation of any ordinance or of any rule, regulation, or requirement of the Water Department governing con- of water, it shall not be turned on again except upon pay- ' ment of the amount due, together with the additional sum of Two and Fifty One Hundred ($2. 50) Dollars which is hereby made a penalty for the failure to pay the said rate, and to pay the Department for turning on water. (674) HEALTH WATER DEPARTMENT S . 3436 S . 3436 VACATING PREMISES ; Whenever a consumer shall vacate any premises , he shall - immediately give written notice thereof to the Water Department. Upon the receipt of such notice, said Depart - ment shall read the water meter, shut off the water from said premises and immediately present the said consumer all unpaid bills for water furnished by the City to him up to that time. Thereupon said consumer shall pay said bills to the Water Department. In the event that said consumer -shall have made a deposit with said Department, . as required An Section 3433 of this Article, the balance, if any, of such deposit shall be returned to the consumer, after deducting therefrom the amount of said bills . Until such notice and payments shall have been made., . said premises shall be deemed occupied by such consumer and his liability continued. (674) S . 3437 CHANGE OF ADDRESS : Failure to receive mail will not be recognized as a valid excuse for .failure to pay water rates when due . Change in occupancy of property supplied with City water, and changes in mailing addresses of consumers- of City water must be filed .in writing at the Water Department on forms provided for that purpose, (674) S . 3438 RENEWING SERVICE: Each owner or occupant of any -premises ` previously connected with the :City water system desiring to renew the use of water -shall make .application for .renewal of water service and upon payment of all unpaid charges , . if any, together with any turn-on charge imposed by Section 3434, the water will be turned on., (674) .. S . 3439 ADJUSTMENT OF RATES : The Council shall have the sole power to grant rebates from the rates specified in this Article to indigent persons and, in the event of any dispute as to the water rate ,to be paid by any consumer, it shall determine the same ;: (674) S . 3439.1 Water Fund. All monies collected from fees and charges under Chapter 34 of the Huntington Beach Ordinance Code shall be deposited in the Treasury of the City in a :Water Fund and annually there shall .be disbursed from said water fund to the General . . .Fund, an amount equal to 3% of the gross revenue received from the sale of water by the Water Department in .lieu of franchise and property taxes . (738) S . 344.1 WATER DEPARTMENT HEALTH ARTICLE 344 REGULATIONS APPLYING -TO, USE ,OF WATER S . 3441 USE OF WATER DURING :FIRE. No- person shall use any water for irrigation or any steady flow during the progress of any fire in the City unless for -protection of .property, and all 1- -- irrigation and sprinkling shall immediately be stopped when an alarm of fire is soundedin any part of the City, and shall not be begun until the fire is extinguished. (674) S . 3441.1 Wastage of Water. No person shall wastewater or allow it to be wasted by. imperfect or leaking stops , valves- , pipes , closets , faucets , or other fixtures , or use water closets with- out self-closing valves , or use the water for -purposes other than those .named . in the application upon -which rates for water are based, or use it in violation of any of the -provisions of any ordinance of this City, provided further -that no -person -shall drain or permit water to drain upon any public street or -alley, or over any private Property not owned by such person. (674) S . 3442 METERS. Property of City. All water service and water meters :installed or required to be installed by the City Water Department shall remain at all times the property of the City and shall be maintained., repaired and renewed by the Water Department when rendered unserviceable .by normal wear and tear. Where replacements , repairs or adjustments of any meter are rendered necessary by an act resulting from malice , carelessness or neglect of the consumer or any member -of his -family, or -any one employed by him, .and .any damage which may result from hot water., or -steam from water heater,, boiler or otherwise, shall be charged to and paid for by such consumer to the Water Department on presentation of a bill therefor; and ,in case such bill ..is not paid, the water shallbe shut off from such premises and shall not be turned on again until all charges are .paid. No person shall interfere with or -remove -from -any service any water meter which has been so attached. (674) S . 3442.1 Meter Tests : Where the accuracy of record of a water meter . is questioned, it shall be removed at the consu-mer 's request and shall- in his -presencebe tested inthe shops of the Water Department by means of the apparatus there provided, and a report thereon duly made. If the test discloses an error against the consumer of more than three (3%) percent of the meter 's registry, the excess of the consumption on the three previous readings shall be credited to the consumers meter account, and the Water Department will bear theentire expenses of the. test., and the deposit required as hereinafter -prescribed shall be returned. On the other hand, where no such error.-is found, the person who has requested the test shall. pay the charge, fixed for such test. (674) S . :3442,2 HEALTH WATER DEPARTMENT :Sy 3442.2 Same . Deposit : Before making .a test of any. meter, the person requesting such -a -test shall, at the -time of filing his request, make a deposit with the Water •Department of .the amount charged for such a -test, subject :to the conditions herein stated, which charges are fixed as follows : . (1) For testing 5/8 inch meters . . . . . . . . . . . . . . . . . . . . . . ... .. ;$ 2.50 • (2) For testing 1 inch meters . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2. 50 (3) ; For testing 12 inch meters . . . . . . . . . . . . . . . . . . . . . . . . . .$ '5.00 (4) For testing 2 inch meters . . . . . . . . . . . . . . . . . . . . . . . .$10.00 (5) For testing 4 :inch meters . . . . . . . . . . . . . . . . . . . . . . . . .$40.00 'No meter shall be removed, or -in any,,way disturbed, nor -the -seal broken, except in the presence of or under the direction of the Superintendent . (674) S . 3443 Meters on Curb Line . All meters of the Water Department shall be placed at the curb line of the street or near the property line in alleys , whenever and wherever practicable , and -be -protected and maintained as a part of the operation of the Depart- ment. (674) =S . 34.43 .1 Meters Inside Premises . Where :a water meter - is placed inside the -premises of a consumer, for the convenience ,of said consumer, provisions shall be made for convenient meter reading and repairing .by representatives of the Department. Failure to make such provisions by the consumer shall be sufficient cause for -removal of such meter -at -the option of the Superintendent of the Department and the withholding of service until installation is made at the curb line as herein provided. (674) •S . 3443 . 2 Consumer 's •Responsibility: The City shall -in no way whatsoever -be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private . premises , and said City shall not be responsible for any leakage , breakage or seepage from any pipe situated between any meter properly installed - at the curb and the private premises served thereby nor -shall said City be responsible for or on account of any damage , injury or-less occasioned directly or indirectly by the existence of any meter or pipe situated upon private property. (674) --S . 3444 Use of Fire Hydrants . Public-fire hydrants shall be placed, maintained and repaired by the Water -Department. Any damage thereto by persons or agency other than respresentatives of the Fire and Water -Departments , shall be a claim against the _person or agency committing such damage, and the Superintendent shall take such action as may be necessary. to collect the same. Fire hydrants are provided for -the -sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Water and Fire Departments or such persons as may be authorized to do so by the Chief of the Fire Department, or the Superintendent of the Water Department as herein provided. (674) So 3444 .1 WATER DEPARTMENT HEALTH - .. So .3444. 1 Same . Permit For. All persons desiring to use water through fire hydrants , or other hydrants , owned or con trolled by the City, shall be required to obtain a permit, first, from the Chief of the Fire Department, second, , from the �Superintenderit of the Water Department, who shall .issue no such permit to -any person who has violated any of the provisions of this Ordinance or whose .:indebtedness to the City of water us.ed or damage to hydrants or equipment is delinquent, -All such persons having. permit -for use of water from the -fire hydrants must provide hydrant -wrenches -for the operation of such- fire hydrants . (674) So 3444 . 2 Same . Cancellation of Permit : Permit for the use of water through the fire hydrants of the City.may be cancelled at. the will of the Superintendent on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be -in writing delivered or mailed to the =persons to be notified and shall be -immediately effective and enforced, (674) .:S . 3444.3 Obstructing Tire Hydrants : No person shall obstruct the access to •any fire hydrant by .placing around or thereon any stone, brick, lumber, dirt or other .material or willfully or carelessly injure the same, or open or operate any fire hydrant, or draw or -attempt to draw water therefrom, except as provided in Section 3444 . 1. (674) -.S . 3445 Repairs or Extensions : The Water Department shall not accept. any responsiblity for the maintenance of pressure . and it -reserves the right to shut off the water from any premises , or from any part of the distributing system, as long :as necessary without notice to consumers , at anytime of emergency, but in all cases of extensions .or connections , said Department shall notify occupants of the -premises of the necessity .of shutting off water and the probable length of time the water .shall be so shut off before taking such action. (674) So 3445.1 Drawing -Water :Into Steam Boilers : No stationary steam boiler :shall be connected directly with the water distribution system of said City, but -in .each and every case a suitable tank of storage capacity sufficient for a. twelve hours supply , for said boiler shall -be provided and the service pipe supplying said tank shall discharge directly- into the .-top of said tank. (674) HEALTH WATER DEPARTMENT S. 3445.2 S. 3445.2 Report of Violations : It shall 'be the duty of the em- ployees of the Police, Fire and Street -Department to give vigilant aid to the Superintendent in the enforcement of the pro- visions of this Ordinance and to this end they shall report all violations thereof which come to their -knowledge, to the Water De- partment and it shall be the duty of the Chief of the Fire Department to report immediately to the Superintendent in case of fire in premises having metered service for fire protection purposes that fire has occurred there. (674) S. 3446 Sale of Water -Outside City Prohibited: It shall be un- lawful for the City Water Department to sell water to consumers outside the City, or to allow any consumer outside the City to use any water furnished by the City system unless the City Council shall by Resolution determine and declare a surplus of water -exists in excess of that -required by the inhabitants of the City. (674) S. 3447 Protecting Cross-Connections: An approved double-checked valve or other -approved back flow protection devices shall be installed in all existing water systems of all consumers within ninety (90) days of the passage of this Ordinance and in all systems installed thereafter, at the expense of the consumer, be- fore service will be continued or •granted when any one of the following conditions apply: A. CONDITIONS. (1) Where an unapproved fresh water supply is already available from a well, spring, reservoir or other source. If the con- sumer agrees to abandon this other supply and and agrees-to remove all pumps and piping necessary for the utilization of this supply the installation of backflow protection de- vices will not be required. (2) Where sale water or water otherwise polluted. is available for industrial or fire protection purposes. (3) Where the premises are or may be engaged in industrial pro- cesses using or producing process waters or liquid Indust- rial wastes , or -where the premises are or may be engaged in handling sewage or any other-dangerous substance. (4).. ." Where the circumstances are such that there is special dan- ger of backflow of -sewage or other contaminated liquids through plumbing fixtures of water-using or treating equip- ment , or storage tanks and reservoirs. (5) Where the premises are used for a trailer park. S. -3447 WATER DEPARTMENT HEALTH B. OTHER-CONDITIONS. (1) Under special circumstances , when the consumer is engaged in the handling of especially dangerous -or- corrosive liquids of industrial or process -waters , -the City may require the consumer to eliminate certain plumbing or piping connections- ,as an additional precaution and as- a protection to the backflow preventive devices. .(2) As a ,protection to the consumer ' s plumbing' -syst-em, a suit- able pressure relief valve -must be installed and maintained by him at his expense, when check valves or other protect- ive devices are used. The relief valve shall be installed between the check valves -and the water heater. (3.) Whenever backflow protection has been found necessary on a water supply line entering a consumer ' s premises , then any and all water supply lines from the City' s mains en- tering such premises , buildings or structures shall be protected by an approved backflow device, regardless of the use of -the additional water supply lines. (4) Two or -more services supplying water from different street mains to the same building structure or premises through which an inter-street main flow may occur, shall have a standard check valte _:on each water service to be located adjacent to and on' the property side of the respective meters. (5) Such check valves shall not be considered adequate if backflow protection is deemed necessary to protlebt the City' s mains from pollution or contamination, but the installation of approved dual backflow devices at such meters shall take the place of, and satisfy the require- ment for standard check valves. (6) The double check valve or other approved backflow pro- tection devices may- be inspected and tested periodically for -water tightness by the City. (7) The owner of any premises on which or on .account of which check valves or other -protective devices are installed shall inspect these devices for water tightness and reliability at least every three -months. The devices shall be serviced, over-hauled, or replaced whenever they are found defective and all cost of repair and maintenance shall be. bbrne by the consumer. Certified records of such inspections and operations will be required- by the City. (8) The servie of water to any premises may be immediately discontinued by the- City if any defect is found in the check valve installations or other protective devices , or if it is found that dangerous cross connections exist. Service will not be restored until such defects are corrected. (674) i HEALTH WATER DEPARTMENT S . 3451 ARTICLE 345 EXTENSION OF WATER�MAINS S . 3451 Application. Deposit . Installation: Any person, as owner or subdivider of a single lot, subdivision, or tract of land, who desires the extension of water mains and services to such lot, subdivision or of land, shall file a written application with the Water Department. Any -number of persons may join together . in a single application. (a) The Water Department shall determine_ -the size , .locations and. total costs for such extension, and shall on approval of such extension, collect from the applicant a deposit covering the total estimated cost- of installing all facilities from the nearest existing main line of adequate capacity. (b) The term "all facilities" includes distribution mains , services , fire hydrants , etc . (c) ; If and when the applicant has complied with all requirements of the Water Department and made the deposit- as herein required, . the Water -Department sha-11--install .such- mains and services , subject to provisions._-of­__paragraph (d) below, such- line shall thereupon become and remain__ the property of the City Water Depart- - -- - _ ment. (d) In the event the deposit. was in--excess of- the -actual cost of installation- the excess amount shall- be returned to the applicant. In -the event the deposit was less than the actual cost of .in- stallation the applicant shall immediately pay to the Water Depart- ment the deficit. (e) If in the opinion of the Superintendent of the Water Department ' it is for the best interests of the City, he may authorize the applicant to install said extension lines at applicant 's sole cost and expense in accordance with specifications approved by the Superintendent,- and such line shall thereupon become and remain the property of the City Water Department. (674) S . 3452 Requirement for Oversize Main Line Extensions : Whenever an application for extension of a main line is received, the Superintendent shall. determine whether the best interests of the City Water System would be served by a line larger than required by the applicant 's need . In the event the Superintendent so determines , he shall require the larger size line to be installed. (674) S . 3452. 1 Determination of Superintendent Final: The determination of the Superintendent of the Water Department as to the size of the line- necessary to meet applicant 's need and his determina- tion of the size of the line which would best serve the interest of the City Water System shall be final and binding on applicant. (674) S . 3452. 2 WATER DEPARTMENT HEALTH S . 3452. 2 Installation of Oversize Main Line Extensions : When the Superintendent of the Water Department has determined that the City Water System will be best served by a line larger than needed for applicant 's use , the Superintendent shall require the installation of such oversize line in accordance with the pro- visions of Section 3451 hereof. (674) S . 3453 Cost of Installing Oversize Main Line Extensions : The cost of installing the oversize line shall be paid for by applicant, subject to the provisions for refunds as hereinafter set forth. (674) S . 3454 Conditions Governing Refunds . Notwithstanding any other provisions of this Ordinance, the payment of refunds shall be governed as follows : (a) Refunds shall be payable for a period of five (5) years only from the date of applicant 's application for main line extension. (b) Refunds shall be made from subsequent development as set forth .in Section 3431 of the Huntington Beach Ordinance Code. (c) Refunds shall not exceed 90% of offsite construction costs . (d) Refunds shall bear no interest. (e) Refunds shall be payable only to the original applicant or applicants . Upon death of applicant, the right to refund shall terminate. In the event applicant is a partnership or corpora- tion, the dissolution of the partnership or corporation shall terminate the right to refund. (f) The City and City Water Department shall not be liable for payment of any refund by reason of its failure to collect or . receive from any person the service fee for connecting into the main line paid for by applicant. (g) The City Water Department 's refusal to allow any connection or connections into the main line paid for by applicant shall not make the City or City Water Department liable to applicant for any refund which might have accrued to applicant if such connec- tion had been permitted. . (h) The City retains the right to allow a connection by any public agency exempted from payment of connection fees and City shall not be liable to applicant for refund because of said connection. (762) HEALTH WATER .DEPARTMENT 'S . 3455 .S . 3455 Water Right to be Deeded: . Whenever.. Land ..is to be sub- divided, any water wells , mains and easements needed therefor,- which may be appurtenant thereto or which may be used ex- clusively thereon, shall be deeded to the City in consideration of the City approving any application for City water to be placed on such tract or subdivision. The deed to the City shall be executed before any such application shall be approved by the Superintendent. However, where water wells and equipment, as described in the para- graph above, are. used to supply water to additional land not sub- divided, the City may allow such wells and equipment to continue to supply such un-subdivided portion until such time as such parcel is subdivided into four (4) or more , parcels of land containing five (5) acres , or less . (674) HEALTH WATER DEPARTMENT S. 3460 ARTICLE 346 CONSTRUCTION AND ABANDONMENT OF WATER WELLS (1919 - 5/74) S. 3460 ADOPTION OF COUNTY REGULATIONS. Except as herein otherwise provided, that certain document entitled Ordinance No. 2607 of the County of Orange relating to construction and abandonment of wells as compiled and adopted by the County of Orange, three (3) copies of which have been filed with the City Clerk of the City of Huntington Beach for use and examination by the public, is hereby adopted and enacted as the Well Construction and Abandonment Ordinance of the City of Huntington Beach as fully as though same were set forth herein, and for the purposes stated therein. S. 3461 REQUIREMENTS AUGMENT EXISTING REGULATIONS. The requirements of this article shall be in addition to any other requirements of the City of Huntington Beach, and before a permit is issued by the city, satisfactory proof of compliance with all provisions relating thereto must be presented to the Director of Public Works. S. 3462. DESIGNATION OF ADVISORY BOARD. The Orange County Well Standards Advisory Board, established by Orange County Ordinance No. 2607 dated July 18, 1972, is hereby designated as the Well Standards Advisory Board of the City of Huntington Beach. S. 3463 ADAPTATION OF DESIGNATIONS. (a) Any reference to "unincorporated territory" is said Ordinance No. 2607 shall mean "territory within the boundaries of the city." (b) Reference to Government Code Section 28545 in said Ordinance No. 2607 shall mean Section 28773.5 of the Government Code, the appropriate section applicable to cities. S. 3464 PERMIT FEE SCHEDULE. The City Council shall adopt, by resolution, an appropriate permit fee schedule for construction; reconstruction and abatement of abandoned wells. 6/20/74 HEALTH . SANITATION DEPARTMENT S. 3511 CHAPTER 35 SANITATION- DEPARTMENT ARTICLE 351. CREATION OF- SANITATION DEPAR176IENT 352. SEWER CONNECTIONS 353. FEES AND DEPOSITS 354. EXTENSION OF SEWER MAINS ARTICLE 351 CREATION OF SANITATION DEPARTMENT- S. 3511 Sanitation Department Created. There is hereby created a Sanitation Department for he City of Huntington Beach which shall embrace and include all property of every character used in or in ident to the collection, conveyance, storage, treatment and disposal of sewage in the City together with all other property that may from time to time hereafter be added to it for such purposes. (741) S. 3512 Sanitation Superintendent. Creation of: The office of anitation Superintendent of the Huntington Beach Sanita- tion Department is hereby created and the City Council shall appoint such Sanitation Superintendent who shall hold office during the pleasure of the Council and shall receive such compensation for his services as the Council shall direct. (741) S. 3512.1 ActinS Sanitation Superintendent. The City Engineer of he City of un ington Beach shall be the Acting Sanita- tion Superintendent of the Huntington Beach Sanitation Department until such time as the City Council shall appoint a Sanitation Superintendent. The City Engineer shall receive no additional com- pensation for the services rendered as Acting Sanitation Superinten- dent, unless directed by the City Council. (741) S. 3513 Sanitation Su erintendent. Duties of. The Superintendent o he Sanitation Department of the City of Huntington Beach shall be responsible for the operation of said $anitation Department and the performance of the duties , obligations and re- quirements as set forth in Chapter 35 of the Huntington Beach Orddi- nance Code and shall perform such other duties as may be designated from time to time by the City Council. (741) S. 339i SANITATION DEPARTMENT HEALTH ARTICLE 352 SEWER CONNECTIONS S. 3521 Application Form. Before a connection may be made to the City sewer system for any person or for any premises, such person or occupant of such premises shall make written appli- cation for such services upon a form provided by the City Sanitation. Department. Performance of this work is subject to the conditions of Section 7217 , Huntington Beach Ordinance Code. (741) S. 3522 Interfering with Pipes No person shall , without the permission of the Sanitation Superintendent , or his duly appointed agents or employees , remove, change, disturb, or in any way tamper with or interfere with any of the facilities, apparatus, appliances or property used - or maintained for the reception, conveyance, treatment , storage or disposal of sewage by the City; nor shall any person without the permission of the Sanitation Superintendent install any pipe, apparatus , appliance or connection to any part of the system of sewer works in the City. (741) S. 3523 Inspection of Connection. Any connection to the City sewer system shall be inspected by the Sanitation Superintendent. Inspections shall be called for at the time of entering the sewer and when work is completed within-.the public right of. way. No back-fill may be placed prior to inspection and approval of the connection. (741) ARTICLE 353 FEES AND DEPOSITS S. 3531 Connection Fee. The Sanitation Department as a con- dition to granting the application for sewer connections , is authorized to charge and shall collect in advance those sums which shall be established by the City Council for the purpose of reimbursing the cost for the cost of the system and future re- placements and extensions thereof. (741) S. 3532 Service Fee. The Sanitation Department, as a con- dition t7iranting the application and furutshing sewer service to the premises , is authorized to charge and shall collect in advance the following sums for the purpose of reimbursing the City for the cost of the system and future replacements and extensions thereof. (a) The sum of Ninety and no/100 (890.00) Dollars for the first I dwelling unit, plus the sum of Sixty and no/lou—MU.-W Dollars for each additional dwelling unit on parcels con- taining less than en- ousand (10,000) square feet in area, except those properties covered by Sections 3532 (c) and/or (d). HEALTH SANITATION DEPARTMEI'T S. 3533 A "dwelling unit" shall be each residential quarter in hote.s , apartments , and motels , each trailer space providing permanent facilities in trailer parks. (b) For any parcel containing ten-thousand (10,000) square fact area or more, Three Hundred and no/100 ($300.00) Dollars �er acre or each fraction thereof or Sixty and no/100 $60.0000i Dollars per dwelling unit whichever is greaterl except those properties covered by Section 353 c) and/or (d). A "dwelling unit" shall be any unit which is included in the definition as given in Section 3532 ;a). $300.00 per acre shall apply to all commercial and manufacturing developments , And those portions of trailer parks which accommodate over- night parking. (c) In the area bounded on the west by 23rd Street and Goldenwest Street , on the east by Beach Boulevard, on the south by the Pacific Coast Highway and on the north by Clay Street the ser- vice fee for the first unit will not be charged but Sixty and no/100 ($60.00) for each "dwelling unit" in excess of one per lot will be charged, except those properties covered by Sections 3532 (d). (d) For those areas served by a sanitary sewer constructed and charged on a front foot basis as determined by a separate agree- ment or by a separate section of the ordinance, the amounts specified in said agreement or ordinance shall be charged, unless these amounts are less than that provided in Sections 3532 (a) , (b) or (c). The ordinance or agreement which would provide the greater fee will apply. (1001, 1100) S. 3533 Users Responsibility. The City shall in no way whatso- ever be responsible for any damage to person or property because of any leakage, breakage, or seepage from, or accident , or damage to any sewer pipe or its appurtenances situated within any private premises , nor shall said City be responsible for or on account of any damage, injury or loss occasioned directly or in- directly by the existence of any sewer pipe or its appurtenances situated upon private property. (741) S. 3541 SANITATION DEPARTMENT HEALTH ARTICLE 354 EXTENSION OF SEWER- MAINS S. 3541 Application. De osit. Installation: Any person, as owner or subdivider of a single to , 'subdivision or tract of land, who desires the extension of sewer mains and connec- tions to such lot , subdivision or tract of land, shall file written application with the Sanitation Department. Any number of persons may join together in a single application. (a) The Sanitation Department shall determine the size, locations and total cost- for such extension, and shall on approval of such extension, collect from the applicant a deposit covering the total estimated cost of installing all facilities from the nearest existing main of adequate capacity. (b) If and when the applicant has complied with all the require- ments of the Sanitation Department and made the deposit as herein required, the Sanitation Department shall install such mains and connections , subject to provisions of paragraph (c) below, such sewer mains , connections and appurtenances become and rgmain the property of the City. (c) In the event the deposit was in excess of the actual cost of installation the excess amount shall be returned to the applicant. In the event the deposit was less than the actual cost of installation the applicant shall immediately pay to the Sanitation Department the deficit. (d) If in the opinion of the Superintendent of the Sanitation Department it is for the best interests of the City, he may authorize the applicant to install said extension at applicant 's sole cost and expense in accordance with specifications approved by the Superintendent, and such sewer main and appurtenances shall thereupon become and remain the property of the City. (741) S. 3542 Requirement for Overlsize Sewer Extensions. Whenever an applicant or extension of a sewer main is received the Superintendent shall determine whether the best interests of the City would be served by a main larger than required by the applicant 's need. In the event the Superintendent so determines , he shall require the larger size line to be installed. (741) S. 3543 Determination of the Superintendent Final. The deter- mination of the Superintendent of the Sanitation Department as to size of the sewer main necessary to meet the applicant 's need and his determination of the size of sewer main which would best serve the interest of the City shall be final and binding on applicant. (741) I HEALTH SANITATION DEPARTMENT S. 3544 S. 3544 Installation of Oversize Main Extensions. When the Superintendent of the Sanitation Department has determined that the City Sanitation System will be best served by a sewer main larger than needed for applicant ' s use, the Superintendent shall re- quire the installation of such oversize sewer main. (741) S. 3545 Conditions Governing Refunds. Notwithstanding any other provisions of this Ordinance the payment of refunds shall be governed as follows : (a) Refunds shall be payable for a period of five (5) years only from date of applicant ' s application for sewers. (b) Refunds shall be made from subsequent development at - the rate per acre developed set forth in Section 3532 of this Ordinance. (c) Refunds shall not exceed 90% of offsite construction costs. (d) Refunds shall bear no interest. (e Y. Refunds shall be payable only to the original applicant or applicants. Upon the death of applicant, the right to refund shall terminate. In the event applicant is a partnership or corporation, the dissolution of the partnership or corporation shall terminate the right to refund. (f) The City and City Sanitation Department shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the main line paid for by applicant. (g) The City Sanitation Department ' s refusal to allow any connec- tion or connections into the main line paid for by applicant shall not make the City or City Sanitation Department liable to applicant for any refund which might have accrued to applicant if such connection had been permitted. (h) The City retains the right to allow a connection by an public agency exempted from payment of connection fees and shall not be liable to applicant for refund because of said connection. (741) HEALTH MISCELLANEOUS S . 3601 CHAPTER 36 MISCELLANEOUS ARTICLE 360 MOBILE X-RAY UNITS 15 g- 70 S . 36ol.. DEFINITIONS . Mobile X-ray Unit means any X-ray generator which is, or can be used for the purpose of making medical diagnostic photoflurogrphic films of persons, and which is installed in or upon a motor vehicle or trailer so that it may be transported from place to place. Mobile X-ray Operator means any person or other entity, who owns or legally possesses, or operates a mobile X-ray unit . S . 3602 SCOPE. All mobile X-ray units shall comply with the require- ments of the Radiation Control Law, Division 20, Chapter 7.6., California Health and Safety Code, together with regulations enacted pur- suant thereto. S . 3603 . INVESTIGATION. Any person or entity desiring to operate a mobile X-ray unit within the City of Huntington Beach shall make application to the County Health Officer on _forms prescribed by him for issuance of a license . The County Health Officer shall cause to be conducted an investigation of said applicant for a license to determine, among other things, the following items of information: (a) That said unit has a valid state registration as provided by Division 20, Chapter 7 .6, California Health and Safety Code . (b) That said applicant has complied with applicable laws, ordinances, and regulations including those relating to the reporting to the Health Officer of abnormal X-ray findings pursuant to regulations of the State Department of Public Health. (c) That the proper public notices, as required by state law, regulations enacted pursuant thereto, and local ordinances, have been posted in or upon the mobile unit;. (d) The location and mailing address of all film files to be maintained by said mobile unit as hereinafter provided . (e) The applicant and his specified personnel are qualified by reason of training and experience 'to operate a mobile X-ray unit in such a manner as to provide reasonable assurance of protection to health, life and property. (f) The applicant ' s equipment, facilities, proposed uses and procedures are such as to provide reasonable assurance of protection to health, life and property. (g) Such other information as shall be required by the County Health Officer. S . 3604 MISCELLANEOUS HEALTH S . 3604 LICENSE. No license shall be granted, renewed or reinstated unless the County Health Officer determines, upon completing his investigation, that the mobile X-ray unit is, or can be, operated in compliance with applicable laws, ordinances, and administrative regulations, and in a manner not detrimental to the health of the patrons, emplgyees and the general public and all operations of mobile X-ray equipment have been certified by the County Health Officer to operate same. Licenses may be granted at any time during the year, but all licenses shall expire at the end of the calendar year. No mobile X-ray .unit shall be operated unless the operator thereof has been licensed as hereinbefore provided . No mobile X-ray unit shall be operated by any person other than the applicant or the persons specified in his license. S . 3605 CONDITIONS OF OPERATION. All mobile X-ray units shall be operated so as to comply with the following conditions: (a) No person under the age of fifteen (15) years is:-.to be X-rayed unless. such person has had a positive tuberculin skin test and pre- sents a written statement, signed by a licensed practitioner of the healing arts, showing the method and the date of such positive skin test . A sign shall be posted in a prominent location of the mobile X-ray unit stating that no person under the age of fifteen (15) years is to be X-rayed unless such person has had a positive tuberculin skin test. (b) No pregnant woman shall be X-rayed in a mobile X-ray unit unless so ordered in writing by a licensed practitioner of thehealing: arts . A sign shall be posted in a prominent location on the mobile X-ray unit stating that no pregnant woman shall be X-rayed . (c) The mobile X-ray operator shall require all persons, before being X-rayed, to complete an informal form showing the name, age, sex, address, telephone number, the person ' s physician' s name and address, if a female, whether pregnant, if ander fifteen (15) years of age, whether the person has had a positive tuberculin skin test, and the date of such test. (d) All X-ray films shall be retained by the operator for at least ten (10) years. Each patient shall receive from the mobile X-ray operator a report bf his X-ray findings within thirty (30) days. Every thirty (30) days, the operator shall submit to the Health Officer a report of the total number of X-ray films taken during the preceding calendar month. (e) The mobile X-ray operator shall make X-ray films available for use by the physician of the person X-rayed, provided said person gives his consent in writing. The operator may make a reasonable charge for such service . .1 HEALTH MISCELLANEOUS S . 3605 (f) (f) A sign shall be posted in a. prominent location on the mobile X-ray unit stating essentially the following: "A chest X-ray film is a, useful aid to the physician in diagnosing chest disease . It is not a complete examination. See your family doctor for an examination at least once a year. " The County Health Officer shall have the right to determine the location, size, and wording of all required signs . (g) The mobile X-ray operator shall give the County Health Officer notice at least fourteen (14) calendar days in advance concerning proposed dates, times, and places of use of the unit . All such information will be forwarded by the County Health Officer to the City of Huntington Beach. (h) The name and address of the mobile X-ray operator shall be plainly printed on each side of the exterior of the vehicle or trailer in letters at least three (3) inches high. The name and add.ress of the mobile X-ray operator shall appear on all forms, letters, pam- phlets or other printed matter used in conjunction with the unit . Neither sign nor printed matter shall contain any statements expressed or implied that the mobile X-ray unit is associated with any health department or other public or private health agency. (i) The mobile X-ray operation shall comply with all applicable city ordinances and resolutions while operating within the City of Huntington Beach. S . 36o6 SEVERABILITY. If any section, subsection, sentence, clause, phrase or . portion of this article, or any future amendments or add.itions thereto, is for any reason held to be invalid or unconstitu- tional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article, or any future amendments or additions thereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, _irre- spective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. 1 SAFETY DIVISION 4 DIVISION 4 SAFETY CHAPTER_ 4U GENERAL 41. FIRE 42. ANIMALS 43. DEFENSE-DISASTER SAFETY GENERAL S . 4011 "z CHAPTER 40 GENERAL ARTICLE 401. SHOOTING 402 . CONCEALED WEAPONS 403. DRUNKS 404. REGISTRATION OF PERSONS CONVICTED OF CERTAIN CRIMES 405. INHALING, BREATHING OR DRINKING CERTAIN SUBSTANCES 406. SLEEPING IN VEHICLES 407. MIRRORS w ARTICLE 401 SHOOTING S . 4011 DISCHARGE OF FIREARMS PROHIBITED. It is hereby declared unlawful for any person, or. persons, other than a police officer acting in his official line of duty, to shoot, fire or discharge, or for any person, firm or corporation to cause or permit to be shot, fired. or discharged. within the corporate limits of the City of Huntington Beach any rifle, shotgun, pistol, revolver. or other firearm, or any air gun, air pistol, or air rifle, or any other weapon which emits a pro- jectile as a result of pressure exerted at the breach, with the following exceptions : �a� When it may be necessary to do so to protect life or property; b Shotguns may be used for the extermination of destructive animals or birds only with written permission of the Chief of Police; (c) The use of the Huntington Beach police range as authorized. and supervised. by the Huntington Beach Police Department . (d) Any police training exercise that has received the prior authoriza_. tion of the Chief of Police; or (e ) Firearm exhibitions which have first received a permit in writing for such purposes issued by the Chief of Police. (16, 513, 1116, 1641) S . 4012 PENALTY. Any person convicted. of a violation of any provi- s-ion of this article shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or both such fine and imprisonment . (1641) S . 4013 SEVERABILITY. If any section, subsection, sentence, clause " _67 phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article, and each section, subsection, sentence, clause or .phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clause or phrases may be declared invalid or unconstitutional. (1641) S . 4031 GENERAL SAFETY ARTICLE 402 CONCEALED WEAPONS S . 4021 CONCEALED WEAPONS PROHIBITED. No person, other than a public officer, or person having. secured a permit so to do, shall wear or carry concealed on or about his person, any pistol, dirk, or other dangerous weapon or deadly weapon. (75) S . 4022 EXCEPTIONS: KNIVES: SCISSORS . The ordinary pen knife, pocket knife, or toilet shears are not dee-me*d .dangerous or deadly weapons within the provisions of this Article . (75) S . 4023 PERMITS . The Chief of Police is hereby authorized to grant a written permit to any peaceable person, when in his judg- ment he may deem it necessary, for such person to carry concealed weapons for his own protection . (75) ARTICLE 403 DRUNKS S . 4031 DRUNK IN PUBLIC PLACE . No person shall lie or sleep in or upon any street, alley, sidewalk or other public place, within the corporate limits of this City, or appear thereon or therein in a drunken or intoxicated condition. (72) S . 4031 . 1 Drinking in Public Place . No person shall drink any malt, spirituous or vineous liquor containing more than one-half ' of one per cent of alcohol by volume, upon any public street, alley, sidewalk, parkway or other public place within this City, whether such person is or is not in or upon any automobile or other vehicle or con- veyance . (72, 407) S . 4032 DISORDERLY HOUSES . It is unlawful for any person to keep a riotous house, or permit any riotous or disorderly con- duct in any house, yard or premises connected therewith, owned or occupied by such person, or be guilty of any riotous or disorderly conduct in any house, yard or premises whereby the peace, quiet, or decency of any person in the neighborhood of such house, may be dis- t:_.rbed . (72) S , ` 4033 DRUNK ON PRIVATE PREMISES . No person shall be on any pri- vate premises or in any private house in a state or intoxica- tion or drunkenness to the annoyance of any other person . (72, 407) s . 4034 ALLEGATION OF PRIOR CONVICTIONS . Upon the filing of a com- plaint under this A r is e, he person filing same shall ascertain from the Police Department the number of previous convictions and shall add an allegation to said complaint setting forth the said number of convictions . (72, 5o8) i SAFETY GENERAL S . 4035 S . 4035 VIOLATION: PUNISHMENT. Any person violating any provision of this Article shall be deemed guilty of a misdemeanor and upon conviction shall be punished as follows: (a) ist Conviction. Upon the first conviction thereof, by imprisonment not exceeding 3 months or by a fine 'not exceeding $200.00 or by both such imprisonment and fine . (b) 2nd, 3rd, 4th Convictions . Upon a second, third or fourth convic- tion, by imprisonment not less than 10 days or not more than 3 months or by a fine of not less than $25.00 or not more than $300.00, or by both such fine and imprisonment . (c) 6th to loth Conviction. Upon a sixth or any subsequent conviction not exceeding the tenth conviction, by imprisonment not less than 20 days nor to exceed 6 months . (d) llth to 15th Conviction. Upon the eleventh or any subsequent con- viction not exceeding the fifteenth conviction, by imprisonment not less than 1 month nor more than 6 months . (e) 16th to 2 Oth Conviction. Upon the sixteenth conviction and. any subsequent conviction not exceeding the twentieth conviction, not less than 2 months or more than 6 months . (f) 21st to 30th Conviction. Upon the twenty-first conviction and not exceeding the thirtieth conviction, by imprisonment not less than 3 .months nor more than 6 months . (g)' 3lst to 40th Conviction. Upon the thirty-first conviction or any subsequent conviction not exceeding the fortieth conviction, not. less than 4 months nor more than 6 months . (h) 41st or Subsequent Conviction. Upon the forty-first conviction or any subsequent conviction, not less than 5 months nor more than 6 months . (72, 508) S . 4036 FINALITY OF SENTENCE. Said penalties shall be imposed without right . of suspension of probation. (72,5o8) SAFETY GENERAL S . 4041 ARTICLE 404 REGISTRATION OF PERSONS (746) S . 4041 REGISTRATION OF CONVICTED CRIMINALS . Every person who, within 20 years prior to the effective date of this ordinance, has .been or who is hereafter convicted, in or on parole or probation from any Federal Court or the Courts of this State, or any State of the United States , of or from any felony, or any misdemeanor involving narcotic or hypnotic drugs under the laws of the State of California, or of any State of the United States, or of the United States of . America, and for such violation committed to a penitentiary either State or Federal, (except in the case of a misdemeanor involving narcotic or hypnotic drugs , in which case there shall be no requirement of commit- ment to a penitentiary for this Section or Sections 4042, 4043, 4044, 4045, 4046 and. 4047 to apply) who comes into the City of Huntington Beach from any point outside of such City, whether in transit through said City, or otherwise, and. every such person .who at . the time this Ordinance becomes effective is residing or- is at present within said. City of Huntington Beach, shall report to the Chief of Police of said City of Huntington Beach within 48 hours after his arrival within the boundaries of said City, and shall furnish to" such Chief of Police in a written statement signed by such person, the true name of such person and each other name or alias by which such person is or has been known, a full and complete description of himself, the name of each crime hereinabove in this Section enumerated of which he shall have been con- victed, together with the name of the place where each such crime was committed, the name under which he was convicted, and the date of the conviction thereof, the name, if any, and location of each prison, reformatory or other penal institution in which he shall have been con- fined as punishment therefor, together with the location or add.ress of his residence, stopping place or living quarters in said City, and each one thereof, if any or the address or location of his intended residence, stopping place, or living quarters therein, and each one thereof with a description of the character of such place, whether a hotel, apartment house, dwelling house, or otherwise, giving the street number thereof, if any or such description of the address or location thereof as will so identify the same as to make it possible of location, and the length of time for which he expects or intends to reside within the territorial boundaries of said City. At the time of furnishing such information, said person shall be photo- graphed and fingerprinted by said Chief of Police, and said photograph and fingerprints shall be made a part of the permanent record herein provided for. (656) SAFETY GENERAL S. 4042 S. 4042 Written Statement, -Every person residing within the City of Huntington Beach at the time this Ordinance becomes effective, who has been convicted within such twenty year period, in any such court , of, or is on parole or probation from any crime in Section 4041 hereof enumerated, shall within 48 hours from and after -the effective date hereof furnish to said Chief of Police, in a written statement signed by such person, all of the information required to be furnished under the provisions of said Section 4041 hereof, together wit-h the photographs and fingerprint-g-�hereinbefore provided for. (656) S. 4043 Residence Change, In the- event that any person specified in Section 4041 or Section 4042 hereof shall change any such place of residence, stopping place, or -living quarters to any new or different place or places within said City of Huntington Beach other than any place last shoum in such report to said Chief of Police, he shall within 24 'hours after the making of such change, notify the said Chief of Police in a written and`" signed statement , . of such change of address and shall furnish in such written statement to said Chief of Police, his new address and each one thereof. It shall be unlawful for any person required by any provision of this. Article to furnish any such report , to furnish in such report any false or fictitious , or any address other than a true address or intended address , or to furnish in making any .such report any false, untrue, or misleading information or statement relating to any information required by any provision of this Article to be made or furnished. (656) S. 4044 Records. Said Chief -of Police shall cause to be made a permanent record of all information, photographs and fingerprints required by the provisions of this Article to be fur nished to , or by him and to forthwith furnish a copy of said records, photographs and fingerprints to the District Attorney of Orange County:; said records, photographs and fingerprints shall at all reasonable times be open to the inspection of any peace officer having jurisdiction within the territorial boundaries of said County, including the municipal corporations therein, (656) S. 4045 Failure to Comply Unlawful. It- shall be unlawful for any person required by any provision of this Article to furnish any such report or information to fail, neglect or refuse to make such report or to furnish such information, photographs or fingerprints, or to fail, neglect or refuse to render or furnish the same within the time hereinbefore prescribed, or to fail, neglect or refuse to furnish to said Chief of Police within such time any information, photographs or fingerprints required to be furnished by any provisions of this Article or to furnish any false, untrue, or "rii sleading information or statement relating to any information .required by any provision of this Article to be made or furnished. (656) S. 4046 GENERAL SAFETY S. 4046 .-Exemption -for Pardoned Offense. Nothing in this Article shall be deemed or construed to apply to any person who has or who -shall have received a full pardon for -each such crime whereof he shall have been convicted. (656) S. 4047 Penalty. Any person violating any provision of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed Five Hundred *Dollars ($500..00) or by imprisonment in the City or County Jail for- -a period of not to exceed six (6) months , or by both such fine and imprisonment. Each separate day, or any -portion thereof, during which any viola- tion of this Article occurs or continues, and each failure, neglect or refusal to make any such report or furnish any such information, photograph or fingerprints during each or any day or portion there- of, from and after the expiration of the time :specified in this Article within which such report must be made, or such information, photograph or fingerprints furnished, shall be- deemed to constitute a separate violation hereof, and a separate offense hereunder, and upon conviction therefor each such violation shall be punishable as herein provided. (656) S. 4048 Canvassers. Definitions : Unless the provisions of This Ordinance or the context otherwise requires: (a) "Canvasser" means any person not having an established place of business in the City of Huntington Beach who, for himself, or as an agent of another, goes from house to house or upon the public streets and sidewalks for the purpose of soliciting orders , subscriptions or sales of or for any goods , wares, merchandise, or product , of any nature or description, for immediate or future delivery, whether or not advance payments are collected at the time the order of subscription is taken or the sale made. - ",Canvasser" al-go means and includes "Peddler" and "Solicitor" as defined in Chapters 21 and 22 , of the Huntington Beach Ordinance Code, as amended. (b)i "'Agent" shall include employee, representative, and any person soliciting orders or :subscriptions or making sales on a commission basis. (c) The term "established place of business" means the place where any person, firm, or corporation contlucts a.-_retail'.-.,,_. or wholesale business or other establishment having a per- manent address and licensed by the City of Huntington Beach to conduct a business and being regularly open for business from day to day during ordinary business hours. (746) SAFETY GENERAL S . 4`048 . 1 S . 4048 . 1 Canvassers . Registration. It shall be unlawful for' auy canvassers to go from house to house or upon 'the public streets and sidewalks for the purpose of soliciting- orders, subscrip- tions or sales of or for any goods , wares , merchandise or product of any nature or description for immediate or future delivery whether or not advance payments are collected at the time the order or subscrip- tion is taken or the sale made, unless he shall have previously registered with the Chief of Police of the City of Huntington Beach in the manner hereinafter specified. (746) S . 4048 . 2 Canvassers . Registration Statement: . Every• canvasser shall, before commencing any. soliciting or making any . sales in the City of Huntington Beach, personally appear before the Chief. of Police of the City of Huntington Beach or his authorized representative , and file with the- Police Department a registration statement containing .at least the following information: (a) Name in full . (b) Address , both permanent and temporary of the canvasser. (c) Whether or not the registrant has been convicted of a felony, a crime involving theft or larcency or a crime involving moral turpitude : (d) The articles or products to be sold or for which orders or subscriptions are to be solicited, (e) If the canvasser is acting as an agent for. another person, firm, or corporation, the name and address of such person, firm or corporation and a description of the contract or other _ document authorizing him to act as such agent or representative . (f) The period during which the solicitations are to be made . (g) In addition to the- registration statement as herein required, every canvasser shall at the time of the filing of said registration, permit and allow the Chief of Police or his authorized representative to take his or her fingerprints and photograph. (746) S . 4048 .3 It shall be unlawful for any canvasser to make or per- petrate any misstatements , deception or fraud in connec- tion with any solicitation for orders , subscriptions , or sales or to make any false , deceptive or misleading statements in the registra- tion statement . (746) S . 4048 .4 Canvassers . Exceptions : This ordinance shall not apply to salesmen or solicitors regularly employed by any wholesale house or jobber who take or solicit orders from retailers or other merchants conducting a regularly established place of business in the City of Huntington Beach S . 4.048 .5 GENERAL SAFETY S . 4048 . 5 Nothing in this Ordinance shall be construed as to re- place or eliminate any of the provisions or requirements of Chapters 21 and 22 of the Huntington Beach Ordinance Code requiring business licenses . (746) S . 4048 .6 Any person, firm or corporation violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City or County Jail for a period of not more than six (6) months , or by both such fine and imprisonment. (746) S. 4048 . 7 If any section, paragraph or provision of this Ordinance be declared invalid for any reason, the City Council hereby declares that it would have passed all other portions of this Ordinance independent of any portion that may be declared invalid. (746) ARTICLE 405 INHALING, BREATHING OR DRINKING CERTAIN SUBSTANCES S . 4051 Inhaling, Breathing or Drinking Certain Substances . No person shall inhale, breathe or drink any compound, liquid, chemical, or any substance known as glue, adhesive cement, mucilage, dope , or any other material or substance or combination thereof with the intent of becoming .intoxicated, elated, dazed, paralyzed, irra- tional, or in any other manner changing, distorting or disturbing the eyesight, thinking process , balance , or coordination of such person. For the purpose of this part, any such condition so induced shall be deemed to be an intoxicated condition. (933) S . 4051. 1 The provisions of Section 4.051 shall not be applicable to any person who inhales , breathes , or drinks such material or substance pursuant to the direction of prescription of any doctor, physician, surgeon, dentist, or pediatrist authorized to so direct or prescribe . (933) S . 4052 Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500. 00) or by imprisonment in the City or County Jail for a period of not more- than six (6) months , or by both such fine and imprisonment. (933) ARTICLE 406 . SLEEPING IN VEHICLES (1270) S.. 4061 It is hereby declared unlawful for any person to sleep in any vehicle parked any place in the City of Huntington Beach between the hours of 9:00 P.M. of one day and 9:00 A.M. of the next day. SAFETY GENERAL S . 4071 ARTICLE 407 MIRRORS 1535 S . 4071 ' No person shall use a mirror, glass or any similar object in a, manner which would cause the sun or any other bright light to reflect on such mirror, glass or other similar object for the purpose of wilfully interfering with the vision of any police officer, peace officer or special officer of thg city while in the performance of .his duties . S . 4072 PENALTY. Any person convicted of a violation of any provi- sion of this article shall be punishable by imprisonment . in jail for .a period not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ($500) , or by both _such fine and imprisonment. S . 4073 SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this article, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its application to other persons . The City Council hereby declares that it would have adopted this article and each subsection, subdivision sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases or portions or the application thereof to any person, be declared invalid. or unconstitutional. SAFETY FIRE S. 4100 CHAPTER 41 FIRE ARTICLE 410 FIRE PREVENTION CODE . (1414, 1900 - 3/74) S. 4100 ADOPTION OF FIRE PREVENTION CODE. There .is hereby adopted by the City Council of the City of Huntington Beach for the purpose of prescribing regulations governing conditions hazardous -to life and property from fire or explosion, that certain code known as the Uniform Fire Code, compiled by the International' Con- ference of Building Officials and the Western Fire Chiefs Association, Inc. , being particularly the 1973 Edition thereof and the whole thereof, save and except such por- tions as are hereinafter deleted, modified or amended, of'which code not less than three (3) copies have been and are now filed in the office of the Clerk of the City of Hunting- ton Beach and the same, together with Appendices A-E and amendments thereto, are-hereby adopted and incorporated as fully as though set out at length herein, and from the date on which the Uniform Fire Code shall take effect, the provisions thereof shall be con- trolling within the limits of the City of Huntington Beach and shall hereinafter be referred to in this chapter as the Huntington Beach Fire Code. Si 4100.1 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. (a) The Huntington Beach Fire Code shall be enforced by the Bureau of Fire Prevention of the Huntington Beach Fire Department, which bureau is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (b) The Chief in charge of the -Bureau of Fire Prevention shall be appointed by the Chief of the Fire Department on the basis of examination to determine his qualifications. (c) The Chief of the Fire Department may detail such members of the Fire Department to the Bureau of Fire Prevention as he shall from time to time deem necessary. S. 4100.2 DEFINITIONS. (a) Wherever the word "municipality" is used in the Huntington Beach Fire Code, it shall be held to mean the City of Huntington Beach. (b) Wherever the term "corporation counsel" is used in the Huntington Beach Fire Code, it shall be held to mean the attorney for the City of Huntington Beach. S. 4101 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE COMBUSTIBLE LIQUIDS IN OUTSIDE, ABOVEGROUND TANKS IS TO BE PROHIBITED. (a) The limits referred to in Section 15.201 of the Huntington Beach Fire Code in which storage of flammable or combustible liquids in outside, aboveground tanks is prohibited, are hereby established for all Fire Zone Number 1 and Fire Zone Number 2 as defined in Chapter 81, Article 81l' of the Huntington Beach Ordinance Code, except for those properties. zoned for oil production. 4/18/74 S. 4101 (b) FIRE SAFETY (b) The limits referred to in Section 15.601 of the Huntington Beach Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby esLablished for ali zoning di8tricts within the city except the M2 or heavy. industrial 7..MIV.. S.S. 4102 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM CASES IS TO BE RESTRICTED. The limits referred to in Section 20.105(a) of Lhe Huntington Beach Fire Code, in which bulk storage of liquified petroleum gas is restricted, are hereby established for all zones within the City except the M2 or heavy industrial zone. S. 103 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 11. 106(b) of the Huntington Beach Fire Code, in which storage of explosives and blast- ing agents is prohibited, are hereby established for all zones within the city except the M2 or heavy industrial- zone. S. 4104 AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the following respects: S. 4104.1 Article 1, Division II shall be changed by adding thereto Section 1.218 to.-read as follows: Section 1.218. FIRE INCIDENT REPORT REQUIRED. (a) Any occurrence of fire, explosion or chemical burn causing injury, loss or damage to any person or property within the municipality shall be, reported to the Fire Department within twenty-four (24) hours after its occurrence. (b) Any hospital, convalescent hospital, physician, first aid station, or persons who treat" or aid any person injured by a fire, explosion or chemical burn within the "municipality shall within twenty-four (24) hours, report such treatment and pertinent information to the Fire Department._, _ .__ S. 4104.2 Article 1, Division II, Section 1.216 is amended by adding thereto -the words: More current editions of these publications or supplements thereto shall apply if the intent ci the listed standard remains unchanged. S._ 4104.3 Article 1, Division IV, Section 1.403, Definition of ASSEMBLY, is amended to read as follows: ASSEMBLY shall mean the gathering together of fifty (50) or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement ur awaiting transportation; or of fifty (50) or more persons in a drinking or dining establishment. S. 4104,4 Article 10 is -amended by adding Section 10.103(f): Section 10.103(f) - OBSTRUCTION OF EXITS BY TURNSTILES OR SIMILAR DEVICES. No turnstiles or similar devices shall be installed or used inside or outside of any building used for commercial, business or public assemblage purposes, nor any other device that shall tend to trap any person within or without the buildings. SAFETY FIRE S . 4104. 2 S . 4104 . 2 Article 1, Division II , Section 1. 25 is amended by adding thereto the words : "More current editions of these publications or supple- ments thereto shall apply if the intent of the listed standard remains unchanged. " S . 4104.3 Article 11 is amended by adding thereto Section 11.051 which shall read. as . follows : Section 11 .051. BOND AMOUNTS. The bonds required by Section 11.05 shall be in the following amount : AMOUNTS OF- EXPLOSIVES REQUIRED PUBLIC REQUIRED PROPERTY (Pounds) LIABILITY (Dollars) DAMAGE (Dollars) 0 to 50 5,000 - 10,000 10,000 50 to 100 102000 - 50,000 50,000 100 to 500 50,000 - 100,000 100,000 Over 500 100,000 - 300,000 300,000 S . 4.104.4 Article 12, Section 12.02 A is amended to read as follows : "The manufacture of fireworks within the jurisdictional areas is prohibited. " S . 4104.5 Article 12 is amended by adding thereto Sections 12.07, 12.08 and 12.09 to read as follows : S . 4104. 5. 1 Section 12.07 . PERMITTED USE OF SAFE AND SANE FIREWORKS . Nothing in this article shall prohibit the use of fire- works classified and registered by the California State Fire Marshal as "safe and sane, " for religious or patriotic celebrations , if such use is under the direct supervision of a competent adult . S . 4104. 5. 2 Section 12.08 . TEMPORARY RETAIL SALES OF FIREWORKS . It shall be unlawful for any person to offer for sale any fireworks within the municipality without first obtaining a permit from the City Administrator. Application for and issuance of the permit shall be governed by the following regulations : (14-99) (a) Persons Eligible . Fireworks permits shall be issued only to such applicants who meet the following qualifications : (1) A nonprofit, charitable , religious or eleemosynary corporation or association organized and existing primarily for youth, veterans , patriotic , religious , charitable, civic betterment or community service purposes ; and (2) Said corporation or association has its principal and per- manent meeting place in the City. of Huntington Beach, and has been organized and established in said city for a period of at least one year prior to the date of application. S . 4104.5. 2 (b) FIRE SAFETY (b) Number of Stands . A permit for only one fireworks stand will be issued to any one organization, including its affiliated organiza- tions . (c) Prior rights to Locations . Any applicant having had a fireworks stand the previous year shall have prior right to the same area. If a dispute arises between applicants concerning locations of stands , the matter may be referred by the Fire Chief to the City Admin- istrator for his decision, and such decision shall be final. (d) Application for Permit. Each applicant for a permit hereunder shall obtain his application forms from the Fire Department before the 15th day of May. Each application shall be submitted in duplicate, and contain the following information: (1) Name, address and telephone number of applicant. (2) The applicant 's status as a nonprofit, charitable , religious or eleemosynary corporation or association. (3) The purpose for which the applicant is primarily existing - and for which it is organized. (4) When applicant was organized and established. (5) The location of the applicant 's principal and permanent meeting place . (6) Names , addresses and telephone numbers of the officers , if any, of the applicant. (7) The location where the applicant will sell fireworks , together with written approval of the owner or lessee of the property if different_ .than the applicant. (8) The name, address and state fire marshal's license number of any wholesaler or distributor from whom the retailer pro- poses to purchase fireworks for resale . (9) The applicant 's board of equalization sales tax permit number . (10) The manner, method and time the applicant proposes to sell "safe and sane" fireworks . . (11) Such other information as the Fire Department may require in order to make its investigations . r SAFETY FIRE S. 4104.4 In all occupancies where checkout stands or similar undersized openings are used, there shall be provided adjacent thereto, a clear passageway or opening to such exit or exits as determined by the occupant- load exiting requirements of the Huntington Beach Building Code. These exitways or openings shall have a minimum width of forty-four (44) inches but in no instance shall they be less than the total required exit width. These exitways or openings may be equipped with a breakaway bar which does not require any special knowledge nor a force greater than fifteen (15) pounds to operate. These exitways or openings shall be maintained free of all obstructions and shall be clearly marked "EMERGENCY EXIT - PUSH". S. 4104.5 Article 10 is amended by adding Section 10.114. Section 10. 114 MALLS. All conditions of Article 10 and Article 26 of this code shall apply when a mall or a portion thereof is used for any purpose other than, and/or in addition to an exit corridor. S. 4104.6 Article ii, Section' ll.105 is amended to read as follows :- Section 11. 105. BOND REQUIRED. Before a permit is issued, as required by Subsection (a) (3) , of Section 11.105, the applicent shall file with jurisdiction a corporate surety bond in the following amounts AMOUNTS .OF EXPLOSIVES REQUIRED PUBLIC REQUIRED PROPERTY (Pounds) LIABILITY (Dollars) DAMAGE (Dollars) 0 to 50 25,000 25,000 50 to 100 75,000 75,000 100 to 500 150,000 150,000 Over 500 300,000 300,000 The Chief may specify a greater or lesser amount when, in his opinion, conditions at the location of use indicate a greater or lesser amount is required. Public agencies shall be exempt from this bond requirement. S. 4.104.7 Article 12, Section 12.102(a) is amended to read as follows: Section 12.102(a) The manufacture of fireworks within the jurisdictional areas is prohibited. S. 4104.8 Article 12 is amended by adding thereto Sections 12.107, 12.108 and 12.109 to read as follows S. 4104.8.1 Section 12. 107 PERMITTED USE OF SAFE AND SANE FIREWORKS. Nothing in this article shall prohibit the use of fireworks classified and registered by the California State Fire Marshal as "safe and sarie," or "consumer fireworks" for religious or patriotic celebrations, if such use is under the direct supervision of a competent adult. 4/18/74 4 t S. 4104.8.2 FIRE SAFETY S. 4L04.8. 2 Section 12. 108 'TEMPORARY RETAIL SALES OF FIREWORKS. It- ~hall. he unlawful for any ,person to offer for sale any fireworks within the mnaici_pality without first- obtaining; a permit from the City Administrator. Appli- cation for and issuance of the permit shall be governed by the following regulations: (n) Persons Eligible. Fireworks permits shall be issued only to such applicants who meet the following qualifications: (1.) A nonprofit, charitable or religious corporation or association organized and existing primarily for youth, veterans, patriotic, religious, chari- table, civic betterment or community service purposes; and (2) Said corporation or association has its principal and permanent meeting place in the City of Huntington Beach, and has been organized and established in said city for a period of at least one year prior to the date of appli- cation. (b) Number of Stands A permit for only one fireworks stand will be issued to any one organization, including its affiliated organizations. (c) Prior Rights to Locations Any applicant having had a fireworks stand the previous year shall have a prior right to the same site location. If a dispute arises between applicants concerning locations of stands, the matter may be referred by the Fire Chief to the City Administrator for his decision, and such decision shall be final. (d) Drawing; Procedures - Vacant or New Fireworks Stand Sites. Applicants for sites vacated the previous year, or for any new site, will be selected on the following basis: (1 ) Applications may be picked up at Fire Department headquarters on or after the first day of January of each year. (2) Completed applications shall be returned to the City Clerk's office. Final filing date for applications shall be the twenty-seventh (27th) day of May of each year, or the first working day thereafter. I (3) rlie City Clerk's office shall hold a drawing on the first Friday of June of each year for the purpose of awarding vacant or new. fireworks stand locations to eligible applicants. Applications shall indicate an order of preference of the sites available rather than a specific site. I (4) The applicant or representative of applicant shall be present at said drawing. The representative shall be a legitimate member of the applicant organization and shall represent only ONE organization. SAFETY FIRE : S. 4104.8.2Ld)4 Permits for vacant or new fireworks stand sites shall be awarded to eligible applicants at the time of drawing, and such awards shall be final. The issuance of ., permit by the city does not encumber the property of an owner upon whose property a fireworks stand may be located.. Negotiations between the applicant and 'the property owner. for permission to use the site are the responsibility of L lie. applicanL. Failure to, secure the. property owner's.. permission to use his property f.or. a. site location disqualifies the applicant for the entire drawing. A permi.t' i.ssued to the applicant .for the site awarded shall be the only permit issued on that site for the calendar year, and no other applicant organization may use' said' site, (e) Application for Permit Each applicant for a permit hereunder shall obtain his application forms before the fifteenth (15) day of May of each year. Each application shall. be submitted in duplicate, and contain the following information: (1) Name, address and telephone number of applicant. - (2) The applicant's status as a nonprofit, charitable or religious corporation or association. . (3) The primary purpose of applicant's organization. (4) When applicant was organized and established. (5) The location of the applicant's principal and permanent meeting place. (6) Names, addresses and telephone numbers of the officers, if any, of the appli- cant organization. (7) The location where the applicant will sell fireworks, together with written approval of the owner or lessee of the property. (8) The name, address and State Fire Marshal's license number of any1wholesaler or distributor from whom the retailer proposes to purchase fireworks for resale. (9) The applicant' s State Board •of Equalization sales tax permit number. (1.0) The manner, method and time the applicant proposes to sell "safe and sane" fireworks. (11) Such other information as the Fire Department may require in order to make its - investigations. _ (f) Filing; Dates Applications, together with application fees, shall be submitted to the Fire Department on or before the twenty-seventh (27th) day of May of the calendar year for which the permit .is sought. The Fire Department shall submit the applications to the City Administrator, and the fees to the City Finance Director'. Any permit issued shall be valid only for the site location for which it is issued; permits shall not be. transferable, assignable or renewable, and they shall be valid only for the dates specified in the permit. (g) Fees (1) An application fee in the sum of fifteen dollars ($15.00) shall be paid by the applicant. Fee shall be paid at the time the completed application is submitted to the Fire Department. 4/18/74 S. 4104.8.2(g)(2) FIRE SAFETY (2) A service fee shall be paid by each applicant in the sum of ten dollars ($10.00) , to cover the costs of service, mapping and inspections. This fee shall be pair with the application fee. (3) All fees are refunded to unsuccessful applicants. (h) If the completed application meets Fire Department regulations, the Fire Department I shall submit the application to the City Administrator for approval on the first Monday in June in any year, and the City Administrator must grant or deny the permit within five (5) days thereafter. S. 4104.8. 3 Section 12. 109 REGULATIONS FOR THE OPERATION OF FIREWORKS STANDS. All temporary fireworks stands shall be located, maintained and operated subject to the following regulations. Violation of any of the following regulations shall be grounds for the immediate revocation of the operator's permit by the Fire Chief or his authorized representative. (a) Any person owning or operating any such stand shall comply with all conditions set forth by applicable laws, and those requirements imposed by the City Administrator in granting the permit. (b) A cash bond in the sum of one hundred dollars ($100.00) must be posted by the per- mittee with the City Administrator. This bond shall be posted within seven (7) days after the City Administrator has approved the permit and prior to the erection of the stand. If the permittee fails to remove said stand, equipment and rubbish from the premises before the eighth (8th) day of July of the year for which the permit is granted, twenty-five dollars ($25.00) of said bond shall be forfeited to the City. If the permittee fails to remove said stand, equipment and rubbish from the premises before the twelfth (12th) day of July of the year for which the permit is granted, the full amount of such bond shall be .forfeited to the City. The Fire Department shall make an inspection, or inspections of the premises, and shall report to the City Administrator whether such stand, equipment, and rubbish have been removed from such premises as of the times and dates herein above provided. Thereafter, the City Administrator shall make disposition of the cash bond posted by the permittee, as hereinafter provided, and written notice of such disposition shall be given permittee by the City Administrator. (c) Prior to erection of any stand, the permittee shall procure public liability and property damage insurance covering its' operation in and about said stand and premises in a minimum amount of one million dollars ($1,000,000) in the aggregate_ for combined single limit bodily injury and/or property damage, including products liability. Permittee must also sign a hold harmless agree- ment. The City of Huntington Beach shall be named as an additional insured on such insurance. The permittee shall file a certificate of such insurance with the City Administrator within seven (7) days after the City Administrator has approved the permit. (d) Location Approval. In no case shall stands be allowed in the following loca- tions: (1) Within three-quarters (3/4) of a mile of any other temporary stand; (2) " On the ocean side of the Pacific Coast Highway; or (3) in Fire Zone No. 1, as defined in. Chapter 81 of the Huntington Beach Ordinance Code. SAFETY FIRE S. 41Q4.8.3(e) (e) No- fireworks display or stand shall be erected within one hundred (100) feet of any gasoline service station or any garage, or within thirty-five (35) feet of -any other. structure. Minimum setback from the street curbing shall he ten (10) feet or more as required by. the Fire Prevention Bureau which shall nkirk the .placing of the nearest part of stand to curb. (f) There shall be maintained in each premises or stand within which fireworks are sold or offered for sale, suitable fire extinguishers of a type and number approved by the Chief of the Fire Department. (g) No .person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or. within fifty (50) feet thereof. (h) No smoking shall be allowed in any structure used for the sale and display. of fireworks nor within fifty (50) feet of said structure. "No Smoking" signs shall be prominently displayed in a number prescribed by the Fire Chief. (i) All such temporary stands shall be constructed in accordance with existing city requirements and specifications. (j) All temporary stands for the display and sale of fireworks shall obtain an electrical permit from the City of Huntington Beach prior to any electrical work. (k) No .arc or klieg light- shall be located within seventy-five (75) feet of any temporary stand selling fireworks. (1) Fireworks shall be sold only between the hours of 12:00 .noon, June 28th, to 12:00 Noon on July 6th, as authorized by the State Fire Marshal.- (m) Permittee shall comply with all the provisions of -Section 12600 through 12801 of the Health and Safety Code of the State of California. (n) Fireworks shall be stored and kept only in the permittee's sales booth. It shall be unlawful to store any fireworks in any building, residence, garage, home or automobile within the City of Huntington Beach. (o) There shall be at least one adult in attendance during. the open or sales hours of the fireworks stand. (p) The permittee shall provide an adult night watchman to provide security during the hours of storage. Under no circumstances shall the night watchman sleep within the fireworks stand. Trailers, campers, tents or similar equipment used by night watchmen for sleeping or similar uses shall not be parked within twenty-five (25) .,feet of the fireworks stand. (q) No alcoholic beverages shall be allowed on the premises. (r) All permits must be posted in a conspicuous place open to public. view. (s) No fireworks shall be sold or offered for sale within the City which are classified as "dangerous fireworks" as that .term is defined by the Health and Safety Code of the State of California, nor shall any person be permitted to sell, within the City, fireworks, without first having obtained a fireworks retail license from the State Fire Marshal, as required under the laws of the State of California. 4/18/74 S. 4104.8.3(t) FIRE SAFETY . (t) Gasoline driven generators used for the purpose of suppl.ying electrical power to the. fireworks stand shall not be placed within twenty-five (25) feet of the fireworks stand. (u) There shall be placed adjacent to all fireworks stands a metal trash container(s) with metal. lid, of sufficient size and number to accommodate trash generated by the fireworks stand. S. 4104.8.4 SAFE AND SANE FIREWORKS. (a) Every person, agent or employee thereof, engaged in the business of the sale or disposition of safe and sane fireworks, who sells, furnishes, gives or causes to be sold, furnished or given away any safe and sane fireworks to any person under the age .of eighteen (18) years whether or not the person engaged in said business has knowledge that the person sold to, furnished to or given to is under the age of eighteen (18) years, is guilty of an infraction. (b) Any person under the age of eighteen (18) years who purchases any safe and sane fireworks is guilty of an infraction. (c) Any person under the age of eighteen (18)years who discharges any safe and sane fireworks within the city boundaries except when under the direct supervision and in the presence of an adult, is guilty of an infraction. (d) For the purpose of preventing the violation of Subsection (a) hereof, any person, or agent or employee thereof, engaged in the business of the sale or disposition of safe and sane fireworks, may refuse to sell, furnish or give away any safe and sane fireworks to any person who fails to produce -adequate written evidence that he or she is eighteen (18) years or over. Such written evidence may include, but is not limited to, a motor vehicle operator's license. Proof that the person, or agent or employee thereof, engaged in the sale or disposition of safe and sane fireworks, demanded, was shown and acted in reliance upon adequate written evidence of proof of age of eighteen ( 18) years or over shall be a defense to any criminal prosecution under this section. (e) The team "safe and sane fireworks" is expressly defined in the California Health and Safety Code. (f) An infraction committed by a violation of this .section shall, upon a conviction thereof, be punishable for each conviction by a fine not to exceed One Hundred Dollars ($100). (g) In the event of a conviction, plea of guilty or nolo contenders, of any person, agent or employee thereof, under Subsection (a) .of this section, any sponsoring organi- zntion from whose fireworks stand said illegal sale was .made shall not receive a permit to sell fireworks the following year. S, 4104.9 Article 13, Division II, Section 13.207 is amended to read as .follows: Section 13.207 HYDRANT USE APPROVAL. No person shall use or operate any hydrant or other valve installed on any water system intended for use by the municipal water department for fire suppression purposes and which is accessible to any public highway, alley. or private way open to, or generally used by the public, unless such person first secures a written permit for such use from the municipal water department. This section does not apply to the use of a hydrant or other valve by a person, who. is authorized to make such use, employed by the water company which supplies water to such hydrant or other valve. SAFETY -FIRE S. .4104.10 S. 4104. 10 Article 13, Division II, Section 13.208 is hereby amended to read as follows: Section 13.208 REQUIRED ACCESS. Tb -facilitate fire suppression operations, no building, or portion of a .building, shall be constructed more than one hundred fifty (150) feet from an improved public street unless access through an area or private roadway is provided. Such area or roadway must be a minimum of twenty-five (25) feet in width, surfaced to support fire apparatus, have a vertical clearance of not less than fourteen (14) feet, and terminate in a forty (40) foot cul-de-sac or hammerhead turning area. No building or portion thereof shall encroach more than two (2) feet upon this required access width clear to sky. All required access areas and/or roadways shall be maintained clear at all times. S. 4104. 11 Article 13, Division III, Section 13.301 is amended by adding Subsec- tions (d) , (e), (f), (g) and (h) , to read as follows:. . (d) All premises where, a building or portion of a building (other than .single family or duplex dwellings) is hereafter constructed, or a commercial or manufacturing use is established, shall be provided with a public. fire hydrant system capable of supplying sufficient water pressure as determined by the Chief. All portions of commercial- and manufacturing buildings shall be within three hundred (300) feet of a public fire hydrant. (e) There shall be installed within residential subdivisions one (1) fire hydrant for each 160,000 square feet of area or portion thereof. Fire hydrants shall be spaced not -more than six hundred (600) feet along public, streets, or so that each dwelling is within three hundred (300) feet of a fire hydrant. (f) All required fire hydrants shall be installed, accessible and operable prior to the initiation of any permanent structure using combustible material. (g) Fire hydrants shall meet the specifications as outlined by the Chief and the Water Superintendent. (h) The Chief may approve any alternative plan which will fulfill the intent of this section. S. 41.04. 12 Article 13, Division III is amended by adding Section 13.301.1 to read as. follows: Section 13.301. 1 HOOD AND DUCT FIRE PROTECTION. (a) All hoods and ducts', where required for cooking surfaces by the Huntington Beach Building Code, where commercial cooking equipment as described in this code is used, shall be equipped with an approved automatic fire protection system. All associated cooking units utilizing animal or mineral fats or oils and having an aggregate liquid surface served by a common hood or duct in excess of three hundred and fifty (350) square inches, shall have automatic fire protection. All systems shall be installed -(ref. NFPA pamphlet 96, Sec- tion 10) and maintained in accordance with all sections of the code and with the specifications of the approving agency. (Exceptions -Group H and I occupancies shall: be -exempt from this code. ) (b) hoods, ducts and associated cooking equipment installed prior to the effective date of this article and section, shall be made to conform with the requiremen of this section. 4/18/74 S, 41.04.13 FIRE SAFETY S. 4104.. 13 Article 13, Division III is amended by adding Section 13.315 to read as follows: Seetion 13. 115 APPROVED EQUIPMENT AND INSTALLATION. APPROVAL HQUIRED. No person shall sell, offer for sale, or install, or cause or permit. to be installed, or maintained, for the purpose of fire .protection or extinguishment, any appliance, system or piece of equipment which has not first been tested and approved. The installation of such items must be done in a work- manlike manner, by a qualified person, and in conformance with all applicable codes and standards. S. 4104.14 Article 15, Division I, Section 15.104 is amended by adding the following: No person or firm shall give, sell or offer for sale any container for the use, storage or handling of a flammable or combustible liquid unless such containers. are of an approved type. S. 4104.15 Article 15, Division X. Section 15. 1002, Subsection (b), is amended to read as follows: (b) No oil well shall be. drilled within twenty-five (25) feet of any dedicated public street, highway or nearest rail of a railway being used as such. Article 15, Division X, Section 15.1002 is amended by adding thereto, Subsection (e) to read as follows: (e) The distances described in Subsections (a), (b), (c) and (d) of this Section, in the discretion of the Chief, may be reduced if a six (6) foot masonry wall is constructed around the perimeter of the drilling site. A single opening of not more than twenty (20) feet in width may be allowed in this enclosed area. S, 4104, 16 Article 31 is amended by adding Section 31. 101. 1 to read. as follows: .Section 31. 101. 1 PERMIT REQUIRED FOR WELDING OR CUTTING. (a) No person, firm, corporation or partnership shall perform any welding or cutting operation except as provided in Section 31.101.1(b) without first having obtained a permit therefor from the Fire Department. This permit shall not be required for each welding or cutting job location. (b) A permit shall not be required: (1.) When the welding or cutting is performed in areas approved for the pur- pose, or (2) When there is an approved permit system established for control of the fire hazards involved. (c) A permit for welding or cutting operations shall not be issued unless the person in charge of performing such operations is capable of doing such work in a safe manner. Demonstration of a working knowledge of the provisions of this article shall constitute acceptable evidence of compliance with this requirement. SAFETY FIRE S. 4104.17 S. 4104.17 Article 10, Section 10.113(c)(1)(B) is amended to read as follows: Section 10.113(c)(1)(B) Divisions .l and 2 of Group B Occupancies with an occupant load of more than 500 persons, except churches with an occupant load. of less than 750 persons. .S. 4104. 18 Article 13, Divisioni III, Section 13.307(a) is amended to read as follows: Section 13.307(a) Every apartment. house three stories or more in height or con- taining more than 15 apartments and every hotel three stories or more in height containing 20 or more guest rooms, shall have installed therein an approved auto- matic or manually operated fire alarm system designed to warn the occupants of the building in the event of fire. Such fire alarm system shall be so designed that all occupants of the building may be warned simultaneously. S. 4104. 19 Article 15, Division III is amended to add Section 15.307 to read as follows: Section 15.307 TESTING. (a) Before being covered or placed in use, tanks and piping connected to under- ground tanks shall be tested for tightness. No portion of the system shall be covered until it has been approved. (b) The pipe system between the pump and dispenser, but not including the pump, tank or the dispenser, shall be tested hydrostatically for 30 minutes to 150 percent of the shut-off pressure of the pump or 75 pounds per square inch gauge, whichever is greater, to insure tightness. The test liquid shall be that for which the system is intended. S.' 4104.20 Article 15, Division VII, Section 15.705(e)(4) is amended to read as follows: Section 15.705(e)(4) After completion of the installation, the system shall be tested as provided in Section 15.216. S. 4104.21 Article 15, Division VII, Section 15.710(c)(8) is amended to read as follows: Section 15.710(c)(8) Testing of piping systems shall be in accordance with Section 15.216. S. 4104.22 Article' 15, Division XI, Section 15.1101 is amended to read as follows: Section 15.1101 PERMIT REQUIRED. A tank vehicle shall not be operated without a valid permit, or a certificate of compliance from the State Fire Marshal. S. 4104.23 Article 15, Division XI, Section 15. 1102 is amended to read as follows: Section 15.1102 TANK VEHICLE CONSTRUCTION. Tank vehicles shall be designed, constructed, equipped and maintained in accordance with Title 19, California Administrative Code. 4/18/74 r S. 4104.24 FIRE• SAFETY S. 4104.24 Article 31, Section 31.111(c) is amended to read as follows: Section 31. 111(c) The storage of fuel gas cylinders in such rooms shall not exceed a total capacity of 2000 cubic feet of gas, or a total water capacity of 735 pounds of methylacetylene-propadiene stabilized. S. 4105 APPEALS. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when ii: is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief .of the Fire Department to the Huntington Beach Appeals Board within thirty (30) days from the date of the decision appealed. S. 4106 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The City Administrator, the Chief of the Fire Department and the Chief of of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in this code. The Chief of the Bureau of Fire Prevention shall post such list in a con- spicuous place in his office, and distribute copies to interested persons. S. 4107 PENALTIES. (a) Any person who shall violate any of the provisions of this code hereby adopted or fail to comply herewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications of plans submitted and approved thereunder or any certificate or permit issued there- under, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Huntington Beach Board of Appeals or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punish- able by a fine of not less than $25, nor more than $600, or by imprisonment for not less than two (2) days nor more than three hundred sixty-five days, (365) or both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall consti- tute a separate offense. (b) The application of the above penalty shall not be held to prevent the envorced removal of prohibited conditions. S. 4108 SEVERABILITY. The City Council of the City of Huntington Beach hereby declares that should any section, paragraph, sentence, or word of this article and chapter, or of the code hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other por- tions of this chapter and article independent of the .elimination herefrom of any such portion as may be declared invalid. SAFETY ANIMAL CONTROL S. 4211 CHAPTER 42 _ . r ANIMAL CONTROL (1279) ARTICLE 421. GENERAL 422. ANIMAL;,.,::. 423. DOGS AND CATS 424. OTHER ANIMALS 425. WILD OR VICIOUS ANIMALS AND REPTILES 426. MISCELLANEOUS RULES 427. Repealed - Ordinance 1905-3/74 ARTICLE 421 GENERAL S. 4211 DEFINITIONS OF TERMS For the purpose .of this Chapter unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows: S. 4211.1 DOG OR CAT. shall *include female as well as male dogs or cats. (1905- 3/74) S. 4211.2 OWNER shall mean any person, firm or corporation owning, having an interest in, or having control or custody or'possession of any animal. S. 4211.3 AT LARGE shall mean an animal off the premises of its owner unless such animal be securely confined by a strong leash securely and continuously held by the owner of such animal, or confined within an automobile. S. 4211.4 DOG KENNEL shall mean any lot, building, structure, enclosure. or premises wherein three (3) or more canine animals over the age of four (4) months are kept or permitted to. remain. S. 4211.5 CAY KENNEL shall mean any place where three (3) or more feline . animals are kept or permitted to' remain. S. .4211.6 ANIMAL .shall include any beast, poultry, bird, reptile, fish .or any other dumb animal. S. 4211.7 HORSE shall include mule, burro,. pony, jack, hinny or jenny. S. 4211.8 PERSON shall include any firm, partnership, corporation, trust or association or person. 4/4/74 S. 4221 ANIMAL CONTROL SAFETY ARTICLE 422 ANIMAL CONTROL OFFICERS AND DUTIES (1279-1/67, 1555-2/70, 1815-2/73) 42"1 The office of the Chief Animal Control Officer is hereby established. 5. 4221.1 Repealed by Ordinance No. 1815-2/73 S. 4221.2_ The Chief Animal Control Officer may be either a person, firm, assoc- iation, corporation, another municipality, or the County of Orange, as determined by the City Council. The Chief Animal Control Officer shall serve for such period of: time and shall receive such compensation as shall be established by ordinance, resolution or by contract executed by the City Council. The Chief Animal Control Officer is hereby authorized and directed to perform, in conjunction with and tinder the supervision of the City Administrator, the powers and duties herein bestowed upon and requ:i ,. :!d to be performed by said Chief Animal Control Officer. S. 4221.3 POLICE POWERS. The Chief Animal Control Officer shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this chapter, and it shall be his duty to make arrests and issue citations for violations of any of the provisions of this chapter. The Chief Animal Control Officer' shall enforce all of the laws of the city, county and state relating to the care, treatment and impounding of dumb animals And to the prevention of cruelty to dumb animals. The exercise of said police powers ahall be under the direct supervision of the City Administrator. S. 4221.4 LICENSE AND TAX POWERS. The Chief Animal Control Officer shall be vested with the powers and duties of a license inspector .and shall have the power to collect the license fees and to issue the animal licenses.and tags prescribed herein. S. 4-221.5 DUTIES. It is hereby made the duty of the Chief Animal Control Officer to enforce any other sections of this chapter whether enumerated as a duty or not. 4221.6 INTERFERENCE WITH DWY. No person shall rescue or attempt to rescue any animal mentioned herein from the possession of the Chief Animal Control Officer nor interfere with the Chief Animal Control Officer or his deputies, in the performance of their official duties. S. 4221.7 ENTERING UPON PREMISES. Any Chief Animal Control Officer or Deputy Animal Control Officer or any Police Officer of the City of Huntington Beach is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up,. seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this chapter or for the purpose of ascertaining whether such animal is 'licensed as provided in this chapter, or state relating to the care, treatment or impounding of dumb animals or to the prevention of cruelty to dumb animals is being violated, provided there is probable cause to believe there is a violation. S. 4222 EXHIBITION OF LICENSE. No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this code when required to do so by said Deputy Animal Control Officer or any Police Officer. A violation of this section is an INFRACTION, and upon a conviction 'thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) SAFETY ANIMAL .CONTROL S. 4223 S. 4223 CITY ANIMAL SHELTER PROVIDED. There shall be provided by the City of Huntington Beach or by the Chief Animal Control Officer, upon such terms and conditions as shall be named in a contract executed by and between the Chief Animal Control Officer and the legislative body of the City of Huntington Beach, a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded, which shall be known and designated as the "City Animal Shelter." (1905-3/74) S. 4224 IMPOUNDING. It shall be the duty of the Chief Animal Control Officer to take up, impound and safely keep any of the animals enumerated in this chapter found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park or other place belonging to or under the control of said city, or upon any private property in said city, contrary to the provisions of this chapter. S. 422A._l CARE OF ANIMALS. When any animal is to be impounded, it shall .be provided with proper and sufficient food and water by the Chief Animal Control Officer for a period of at least five days. The Chief Animal Control Officer shall immediately notify the owner thereof, if known to him, by written notice or by phone. S. 4224.2 RECLAIMING OF ANIMALS. The owner of any animal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon .payment to the Chief Animal Control Officer of the costs and charges hereinafter provided in this chapter for impounding and keeping said animals. S. 4225 FEES FOR IMPOUNDING. The Chief Animal Control Officer shall charge, receive and collect the following fees for services and impounding animals: (a) For picking up and impounding: Any dog: First impound - $5; second impound = $7.50; third impound and each impound thereafter - $15 Any cat: $4 Any large animal: $20. Any medium-sized animal: $8 (b) For delivering impounded animals to their owners: $4 (c) For daily care and feeding: Large animals (horses, cows and animals of similar size): $2.50 Medium-sized animals (goats, sheep, pigs and animals of similar size): $2.50 Dogs, cats and miscellaneous smaller animals: $2.50 For any animal under quarantine, the daily care and feeding is doubled. (d) For placing impounded animals: Any dog: $9 plus license and rabies 'shots Any cat: $5 All other animals: Market value (e) Veterinary care for impounded animals: Dogs, cats or other small animals, per treatment: $10 Medium or large animals, per treatment: -$15 4/4/74 S. 4225.1 ANIMAL CONTROL SAFETY S. 4225.1 Repealed. (Ordinance 1905-3/74) S. 4226 DESTRUCTION OF IMPOUNDED UNFIT ANIMALS. It shall be the duty of the Chief Animal Control Officer to issue and sign a death warrant for and to order the destruction of any animal lawfully taken into custody, which in the opin- ion of the Chief Animal Control Officer is, by reason of old age, unfit for use, or which is infected with a dangerous or communicable disease, or which is in an incurable crippled condition, or which is adjudged by a written report of a licensed veterinary to be afflicted with any painful, incurable disease. I i. 1 SAFETY ANIMAL CONTROL S. 4231 ARTICLE 423 DOGS AND CATS (1279-1/67, 1555-2/70, 1815-2/73, 1905-3/74, 1907-4/74) S. 4231 LICENSE AND REGISTRATION REQUIRED. No person owning, having an interest in, or having control, custody or possession of any dog or cat, shall fail, neglect or refuse to license and register such dog or cat if over four (4) months of age, in compliance with the terms of this chapter. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred'Dollars ($100) . S. 4231.1 TRANSFER. No dog or cat license is transferable. S. 4231.2 PROCUREMENT OF LICENSE CERTIFICATES. The Chief Animal Control Officer of .the City of Huntington Beach is hereby authorized and directed to procure each year, prior to the first day of July, such number of license certificates and tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said certificates and tags shall expire July 1st of the following year. S. 4231.3 ISSUANCE OF LICENSE TAGS AND CERTIFICATES. A metallic tag or other means of permanent identification, such as tattooing, and license certificate with corresponding numbers shall be furnished by the Chief. Animal Control Officer or one of his authorized agents, to any person required by this chapter to obtain a license upon payment of the appropriate fee prescribed in this chapter. . Said person shall bear the cost of the permanent identification if other than a metallic tag is chosen by said person. The Chief Animal Control Officer shall keep a record of the name, address and telephone number of the owner of the dog or cat, or person making payment of said license fee, and to whom a certificate and tag shall have issued, and the number and date of such certificate. Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog or cat, and shall be worn by such dog or cat at all times other than those periods, when confined to the owner's house, enclosed yard or pen. A duplicate of a lost license tag may be procured from the Chief Animal Control Officer upon proof of loss and payment of One Dollar ($1) . (1907-4/74) S. 4232 TIME LIMIT. LICENSE FEE. Any owner, with the exception herein provided, of a dog or cat over the age of four (4) months in the city shall obtain a dog or cat license and pay an original or renewal license fee of Ten Dollars ($10) on or before April 5, 1974 and July 1 each year thereafter, except that the license fee for a spayed or altered dog or cat shall be Five Dollars ($5) . The owner has the burden of proof to show the dog or cat .has been spayed or altered. Original license fees shall be due and payable within thirty (30) days after any dog or cat is acquired and comes into the care, custody and control of any person in said city. S. 4232.1 PENALTY FEES. Any person who fails to pay the required dog or cat license fee prior to May 5, 1974. and prior to August l each year there- after- shall pay, in addition to said license fee, a penalty fee of 50 percent of the original or renewal. license fee. 5/2/74 S. 4232.1 ANIMAL CONTROL SAFETY � Any person who fails to obtain an original license within thirty (30) days after his/ her owning any dog or cat or any dog or cat coming into his/her care, custody and control in this city shall pay, in addition to the original license fee, a penalty fee of 50 percent of the original license fee. (1907 - 4/74) S. 4232.2 LICENSE FEE EXEMPTIONS. No license fee shall be required for the following: (a) Seeing-eye dogs. (b) Dogs honorably discharged from the armed forces of the United States. (c) Dogs and cats in the care, custody and control of nonresidents who are traveling through the city, or temporarily staying in. the city for a period not exceeding thirty (30) days, or dogs and cats temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog or cat exhibition, provided such dogs or cats are so entered and not kept elsewhere in the city. (d) Dogs and cats under the care, custody or control of, or owned by, senior citizens sixty-two (62) years of age or older. However, all said senior citizens remain obligated to license their dog(s) and cat(s) regardless of the license fee exemption, and they shall be obligated to pay penalty fees for late licensing of their dog(s) and cat(s) . S. 4233 TAG MUST BE SHOWN. No person shall fail or refuse to show to the Chief Animal Control Officer or any police officer, the license and the tag for any duly registered dog or cat kept or remaining within any home or upon any enclosed premises under his immediate control. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4233.1 REMOVAL OF REGISTRATION TAGS. No unauthorized person shall remove from any dog or cat .any collar, harness, or other device to which is attached a registration tag for the current year or to remove such tag therefrom. A violation of this section is an INFRACTION, and .upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4233.2 COUNTERFEITING TAGS. No person shall imitate or counterfeit the tags in this chapter provided for, or shall use any imitation or counter- feit of such tag. S. 4234 RUNNING AT LARGE PROHIBITED. No person owning, having an interest in, harboring, or having charge, care, control, custody or possession of any dog or cat shall cause or permit such dog or cat to be off the premises of its owner, unless such dog or cat is securely confined by a strong leash of not exceeding six (6) feet, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog or cat, or unless such dog or cat be confined within an automobile. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4235 IMPOUNDING AND QUARANTINE. It shall be the duty of the Chief Animal Control Officer and of any police officer of this city, to take up all dogs and cats found in violation of Section 4234 hereof. When such dog or cat is taken up, it shall be delivered to the Chief Animal Control Officer. All such dogs and cats shall be impounded in the city animal shelter. (1905-3/74) SAFETY ANIMAL CONTROL S. 4235.1 S. 4235.1 GIVING NOTICE OF CAPTURED ANIMALS. Any person who captures an animal at large, as defined in Section 4234, shall, within twenty- four (24) hours, .give notice to the Chief Animal Control Officer. Such notice shall include the following: (a) The fact that he has such animal in his possession. (b) The complete description of such animal. (c) The license number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license, such person shall so state. .(d) The place where such animal -is confined and shall thereafter surrender said animal to the Chief Animal Control Officer or his deputy upon request S. 4236 RABIES. VACCINATION. Every person keeping, harboring or having a dog over the age of four (4) months in the City of Huntington Beach, California, shall cause such dog to be vaccinated with a type of rabies .vaccine approved by the Orange County Health Officer within a period of thirty (30) days from the date such dog was harbored, kept or had within said city, or within -thirty (30) days from the date .the said .dog attains the age of four (4) months; provided, however, that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine by a person licensed by.the State of California, or by any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time has hereinafter prescribed in this section. If chick embryo vaccine was used in such vaccination, it must have been completed within thirty (30) months or if the tissue-type vaccine was used, it must have been completed within one year prior to the date such dog was first .kept, harbored or brought into the City of Huntington Beach. S. 4236.1 RABIES: REVACCINATION. Every person keeping, harboring or having in the City of Huntington Beach a doh which has been vaccinated with chick embryo vaccine shall cause such dog to be vaccinated within a period of not more than two years, of which has been vaccinated with a tissue-type vaccine shall cause the dog to be. vaccinated within a.period of not more than one year. S. 4236.2 RABIES: CERTIFICATE. Every person keeping, harboring or having in the City of Huntington Beach any dog required by this ordinance to be vaccinated shall at all times while such dog is' thus kept, harbored or had, have in his possession a certificate issued by a person licensed by the State of California or any other state or nation to practice veterinary medicine, which certificate shall specify that such dog has been vaccinated in accordance with the provisions" of Sections 4236 and 4236 .1. S. 4236.3 RABIES: LICENSING REQUIREMENTS. Every person applying for a dog license must exhibit a certificate issued by a person licensed by the State of California to.practice veterinary medicine, which certificate shall show that the dog for which the,;license shall be -issued, either (1) has been vaccin- ated in accordance with the provisions of Sections 4236 and 4236.1 hereof, or (2) should not be so vaccinated by reason of age, infirmity or other disability. Such exemption shall be valid for a period not to exceed-one year. A license for any dog shall not be issued unless and until either such certificate is exhibited. 4/4/74 i S. 4236.4 ANIMAL CONTROL SAFETY i S. 4236.4 LICENSE: EVIDENCE. At the time a dog license is issued, it shall be stamped with the date of vaccination and the type of vaccine used as shown on said certificate, or there shall be a vaccination tag containing such j information issued by the veterinarian at the time of such vaccination. f S. 4236-.5 HEALTH OFFICER TO HAVE DOG EXAMINED FOR RABIES. Officers or persons capturing dogs under the provisions of Section 4235 and 4235.1 hereof shall separately confine such dogs captured by them in some safe place, and shall report the capture to the Health Officer or his deputies and shall submit such dog ! to the examination of the Health Officer, or his deputies, and it shall be the duty of the Health Officer, when called upon to examine or have examined such dog, and to ascertain whether or not such dog is infected with rabies. Dogs captured under said Sections shall not be killed, but shall be kept in confinement until the Health Officer or his deputies shall find that further observation of the animal is not necessary for the determination of the presence of rabies, -or absence of rabies. 1 S. 4237 U. AWFUL FOR ANY PERSON TO FAIL TO NOTIFY HEALTH OFFICER. HIS DEPUTIES OR CHIEF ANIMAL CONTROL OFFICER OR HIS DEPUTIES REGARDING RABID DOG. It shall be unlawful for any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies or has shown symptoms of rabies to fail, refuse or neglect to immediately notify the Health Officer or his deputies, or to fail, refuse or neglect to allow the Health Officer or his deputies to make an inspection i or examination of such animal until it shall be established to the satisfaction of said official that such animal has or has not rabies. . The Health Officer or his deputies shall likewise be notified of any person bitten by an animal of a species subject to rabies, whether or not the animal is suspected of. having rabies. S. 4237.1 DOGS AND OTHER ANIMALS TO BE QUARANTINED FOR TEN (10) DAYS. Whenever it is shown that any dog or other animal has bitten any person, no j owner or person having the custody or possession thereof, upon order of the Chief Animal Control Officer, any police officer, or the health officer, shall fail, refuse or neglect to quarantine such animal and keep it securely confined on a chain or in_a closed cage or paddock for a period of ten (10) days, or shall fail, refuse, or neglect to allow the Chief Animal Control Officer, or his deputies, to make an inspection or examination thereof at any time during said period. No such dog or animal shall be removed without written permission of the Chief Animal Control Officer, any police officer, or the health officer or his deputies. S. 4237.2 UNLAWFUL TO MOVE DOG AFTER PRESENCE OF RABIES IN HUNTINGTON BEACH. For the period during and for six months after the presence of rabies in the city, it shall be unlawful for an person to take an do or y p y g permit any dog to go from the City of Huntington Beach to any city or county in which rabies does not exist, or has not been known to exist within the preceding six (6) months period, without permission of the Health Officer. S. 4237.3 UNLAWFUL TO BRING ANY DOG INTO HUNTINGTON BEACH FROM RABIES AREA. No person shall bring any dog into the city from any place in which rabies shall be present or shall have been known to be present within the preceding six (6) months period, without permission of the Health Officer. S. 4237.4 KNOWLEDGE OF BITE: DUTY TO REPORT. Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge, care, control, custody or posses- sion of such dog shall report said fact in writing forthwith to the Chief Animal Control Officer, his deputy, or a Police Officer. The report shall state the name and address of the person bitten and the time and place such person was bitten. ' i SAFETY ANIMAL CONTROL S. 4239 S . 4239 BREEDING OF DOGS AND DOG KENNELS. (a) No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it, any dog, male or female, kept mainly for breeding purposes, within three hundred (300) feet of. any dwelling house other than that of the owner or .person in control of such dog. (b) In any portion of the City of Huntington Beach, no person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned or controlled by him or it, in the City of Huntington Beach any dog kennel., any portion of which is situated within dne thousand (1;000) feet of any dwelling house other than the dwelling. houee of the owner or person in. control•-of such kennel. 4/25/73 S. 4241 ANIMAL CONTROL SAFETY ARTICLE 424 OTHER ANIMALS S. 4241 RUNNING AT LARGE PROHIBITED. . No person owning or having control of any.ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat, cat or any animal commonly referred to as a "wild specie" shall: (a) Permit such animal to run at large in the City of Huntington Beach. (b) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place._ (c) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the City of Huntington Beach, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property, or, (d) Permit any of said animals to be or remain during the night time secured -by a stake, or secured in any manner other than by enclosing such animal in a pen, corral .or barn sufficient and adequate to restrain such animal, or by e-ecurely fastening ,such animal by means of a rope, or chain of sufficient size, strength and weight to effectively restrain such animal, or (e) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise. S. 4242 FOWLS AND RABBITS NOT TO RUN AT LARGE. It is hereby declared to be a nuis- ance and no person shall suffer or permit any chickens, geese, ducks, turk- eys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the City of Huntington Beach. S. 4242.1 TO BE KEPT FIFTY (50) FEET FROM STREET' LINE OR ANY DWELLING. It is hereby declared to be a nuisance and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls or rabbits, owned or con= trolled by him or it, within fifty (50) feet of any street line or within twenty (20) , feet of any property line, or within one hundred (100) feet of any dwelling house or structure used as a dwelling, church, school, hospital, or place where food products are kept, stored, manufactured or served to the public, unless such house or struc- ture be occupied by him or it, or to keep any rooster over four months old within the City limits of the City of Huntington Beach. S. 4242.2 MORE THAN TEN FOWLS PROHIBITED. (a) No person shall keep or maintain in the City of Huntington Beach more than ten (10) in all of chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl; and keeping or maintaining more than ten (10) fowl shall be presumptive evidence of a public nuisance. (b) The presumption created by subsection (a) is a rebuttable presumption affecting the burden of proof. (1835 - 4/73) S. 4242.3 ARTIFICIAL TREATMENT. No person shall dye, color, or otherwise artific- ially treat any rabbit, baby chick, duckling or other fowl. S. 4242.4 SALE OF YOUNG. No person shall display, sell, offer for sale, barter to give away any rabbit, baby chick, duckling or other fowl, under the age of four (4) weeks, in quantities of less than six (6). r l SAFETY ANIMAL CONTROL S. 4237.5 �. S. 4231.5 NOTICE'AND REDEMPTION OF IMPOUNDED DOG. When any dog or cat is im- pounded, the Chief Animal Control Officer shall immediately notify f. the owner thereof, if known to him, by written notice or telephone. (1905-3/74) s S. 4237.6 FEE FOR RECOVERY OF DOG OR CAT, FEEDING. Subject to the other provisions of this chapter, any person may make application to. the. Chief Animal 'Control Officer for the return of any dog or cat, and upon presentation of .proof satisfactory to the said Chief Animal Control Officer, that such person is the owner or is rightfully entitled to the possession of such dog or cat, :r¢ay ' recover such dog or cat upon the payment of the required fee. The fee for recovery shall .be as stated in.Section 4225 hereof, plus any license fee then due and payable. S.. .4238 MINIMUM PERIOD OF .IMPOUNDED DOG. All licensed dogs .impounded at the ' city animal shelter.. shall be provided with proper and- sufficient food and water by the Chief Animal .Control Officer for a period of at least five (5) days, and all unlicensed dogs for a period of at least three (3) days. (1905-3/74) S. 4238.1 MINIMUM PERIOD OF IMPOUNDED CAT. All cats impounded at the city animal shelter shall be .provided with proper and sufficient food, And water by the Chief Animal Control. Officer for a period of at least five (5) days for cats dis la in a valid license and for a p y g ,, period of at least twenty-four (24) hours for cots displaying some type of identification. Said cats will be destroyed if not claimed within the stated minimum time periods. Cats displaying no identifica- tion will be destroyed within twenty=four (24) hours. S.44238_2 SALE OF IMPOUNDED DOGS AND CATS. SUMMARY DESTRUCTION. Dogs and cats not redeemed may be sold by the Chief Animal Control Officer to the pere'n'..offering to pay the highest cash amount thereof, provided that the purchaser shall not be given possession of any such dog or cat until he shall have paid to the _Chief Animal Control Officer, or deputy, the charges prescribed for such dog or cat. If any dog or cat, impounded by the Chief Animal Control officer, shall not have been redeemed within such periods, and cannot be sold within a reasonable time thereafter, I. may be summarily disposed. of by the Chief Animal -Control Officer . In some humane way. The Chief Animal Control Officer shall file at the city animal shelter a full description of each dog and cat impounded therein, for said period beginning on the day any such dog and cat is taken or delivered into the possession of the Chief Animal Control Officer. S. 4238.3 SPAYING OR ALTERING REQUIRED. The California Animal Control shall not sell or give away any female cat more than six (6) months of age that has not been spayed, or any male cat of more than six (6) months of age that has not been altered.. The California Animal Control shall not sell or give away any cat less than six (6) months of age unless -the cost of spaying or altering such cat has been deposited in trust with the Chief Animal_.Control -Officer for payment to a veterinarian or spaying or altering clinic designated by the person purchasing or receiving the cat. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the Chief Animal Control Officer of a notice from the veterinarian or clinic that the cat has been spayed or altered. S. 4239 BREEDING OF DOGS AND DOG KENNELS. (a) No person shall keep or maintain or suffer or permit to be kept or maintained upon any'--premises owned or controlled by him or it; any dog, male, or female, kept mainly for breeding purposes, within three hundred (300) feet of any dwelling ' house other than that of the owner or person in control of such dog. 4/4/74 S. 4239(b) ANIMAL CONTROL SAFETY (b). In any portion of the city of Huntington Beach, no person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned or controlled by him or it, in the city of Huntington Beach any dog kennel, any portion of which is situated within one thousand (1,000) feet of any dwelling house other than the dwelling house of the owner or person in control of such kennel. Any violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4239.1 BREEDING OF CATS. No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him, any cat, male or female, kept mainly for breeding purposes, within three hundred (300) feet of any dwelling house other than that of the owner or person in control of such cat. A violation of this section is an INFRACTION and, upon conviction thereof, shall be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4239.2 CAT OR DOG BREEDING PERMIT. Any person owning or having control, custody, charge or possession of any cat or dog for breeding purposes shall secure a cat or dog breeding permit from the Chief Animal Control Officer or his authorized representative. Fee for said cat or dog breeding permit shall be Twenty Dollars ($20) . Any kitten or puppy sold from a litter for a profit over and above the cost of advertising, if any, shall be prima facie evidence. of cat or dog breeding. S. 4239.3 CAT KENNELS. In any portion of the city of Huntington Beach, no person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned or controlled by him, in the city of Huntington Beach any cat kennel, any portion of which is situated within one thousand (1000) feet of any dwelling house other than the dwelling house of the owner or person in control of such kennel. A violation of this section is an INFRACTION and, upon conviction thereof, shall be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4239.4 DOG FECES. No owner or person having charge, custody or control of any dog shall permit, either wilfully or through failure to exercise due care to control, any such dog to defecate and to allow such feces thereafter to remain on any public sidewalk, public beach or park or any other public property, or on any improved private property other than that of the owner or person who has custody or control of such dog; provided, however; that the foregoing shall not apply to public or private street gutters. A violation of this section is an INFRACTION and, upon conviction thereof, shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) SAFETY ANIMAL CONTROL S. 4241 ARTICLE 424 OTHER ANIMALS S. 4241 RUNNING AT LARGE PROHIBITED. No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, cat or any animal commonly referred to as a "wild specie" shall: (1910-5/74) (a) Permit such animal to run at large in the city of Huntington Beach. (b) Cause or .permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place. (c) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the city of Huntington Beach, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property, or (d) Permit any of said animals to be or remain during the night time secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fasten- ing such animal by means of a rope, or chain of sufficient size, strength and weight to effectively restrain such animal, .or (e) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise. (1910 - 5/74) A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable.by A fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4242 FOWLS AND RABBITS NOT TO RUN AT LARGE. It. is hereby declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, -to run or fly at large or go upon the premises of any other person in the city of Huntington Beach. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed. One Hundred Dollars ($100) . S. 4242.1 TO BE KEPT FIFTY (50) FEET FROM STREET LINE OR ANY DWELLING. It is hereby declared to be a nuisance and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls or rabbits, owned or controlled by him or it, within fifty (50) feet of any street line or within.- ,twenty .(20) feet of any property line, or within one hundred (100) feet of any dwelling house or structure used as a dwelling, church, school, hospital, or place where food products are kept, stored, manufactured or served to the public, unless such house or structure be occupied by him or it, or to keep any rooster over four months old within the city limits of the city of Huntington Beach. A violation of this section As an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4242.2 MORE THAN TEN FOWLS PROHIBITED. (a) No person shall keep or maintain in the city of Huntington Beach -more than ten (10) in all of chickens, geese, ducks, turkeys, pheasants, doves., pigeons, squabs or similar fowl; and keeping or maintaining more than ten (10) fowl shall be presumptive evidence of a public nuisance. 6/ 6/75 S. 4242.2(b) ANIMAL CONTROL SAFETY (b) The presumption created by subsection (a) is a rebuttable presumption affecting the burden of proof. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4242.3 ARTIFICIAL TREATMENT. , No person shall dye, color, or otherwise artifically treat any rabbit, baby chick, duckling or other fowl. A violation of this section is an INFRACTION, and upon a conviction shall be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4242.4 SALE OF YOUNG. No person shall display, sell, offer for sa-e, barter to give away any rabbit, baby chick, duckling or other fowl. A vio- lation of this section is an INFRACTION, and upon a conviction thereof shall .be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4243 MISCELLANEOUS ANIMALS. MONKEYS. No person owning or having control of any monkey, ape, chimpanzee, or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the city of Huntington Beach or permit, allow or suffer such animal to be or go upon any street or public plac a within the city of Huntington Beach without having such animal securely: fastened by an adequate chain or rope, firmly held by or attached to a competent person. Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined within an enclosure or when not securely tied or chained. A violation of this section is an INFRACTION, and upon a conviction shall be punish- able by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4243.1 HORSES. (a) It is hereby declared to be a nuisance and no person shall stable or corral any horse or horses within fifty (50) feet of any street line. (b) It is hereby declared to be a nuisance and no person shall stable or corral any horse or mule within fifty (50) feet of any dwelling house other than that occupied by him or it, or to stable more than two (2) horses or mules within one hundred (100) feet of any dwelling house other than that occupied by him or it. (c) No person, f: in or corporation shall keep or stable any burro or burros, or donkey or donkeys, within one hundred (100) feet of any dwelling house other than that occupied by him or it. A violation of this section is an INFRACTION, and upon a conviction shall be punish- able by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4243.1.1 STREET LINE. For the purposes of this chapter, "Street Line" shall mean the nearest edge of any sidewalk and if there is no sidewalk, the nearest edge of any curb and if there is no sidewalk or curb, the nearest edge of the improved portion of the public right-of-way. (1352) SAFETY . ANIMAL-CONTROL S."4250 ARTICLE 425 WILD OR VICIOUS ANIMALS AND REPTILES S. 4250 ALLOWING WILD OR VICIOUS ANIMALS TO RUN AT LARGE PROHIBITED. No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or.dangerous, or commonly so know, or owning or having charge, custody, control or possession of any elephant, bear, hippopotamus., rhinoceros," lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, - lynx, wildcat, puma, cheetah or any animal commonly referred, to as a "wild_ specie" ,or any poisonous,reptile, shall permit or allow the same- to be at .large .upon any highway, Street, lane, alley; court, or other public .- lace or upon any-private property other" than within the enclosed premises of such person. Any dog having a disposition or propensity to attack or bite any person or animal. without provocation is hereby defined as a- wild or vicious animal. . The Chief Animal Control Officer, or his. authorized deputy, shall notify the owner or harborer in. writing to keep such animal within a substantial enclosure or securely attached .to a chain or any other type of control which is reasonably adequate under the circum- stances If such restraint is impossible or impracticable, such animal .shall be . impounded until the owner or harborer is able to comply with the Chief Animal Control Officer's order. If, upon receiving said written notification, the owner or harborer fails to provide adequate restraint- or control of 'said animal as ordered by the Chief Animal Control Officer, or his authorized deputy, within a reasonable time, said: animal shall then be subject to summary destruction. Where the official records of the Chief .Animal Control Officer indicate a dog has, - bitten any person or persons or animal on two (2) or more separate occasions, it shall be .prima facie.evidence that said dog is a wild or vicious animal. (1352,1835. - 4/.73) S. .4251 KEEPING WILD OR VICIOUS ANIMAL WITHIN OR UPON OWN PREMISES. No person owning or having charge, custody, .control or possession of any animal, reptile or serpent described in Section 4250 hereof, shall allow such animal, reptile Pr serpent within the enclosed premises of such person unless and until he has first secured a permit so to -do and complies with all terms and conditions of stich' permit and; in addition thereto, such animal, reptile. or serpent shall at all times .be so confined, controlled and restrained in such manner so the life,, limb or property of any person -lawfully entering .such premises shall not be endangered. (1857 - 7/73j. S. '4251.1 Except as hereinafter provided, no person shall have, keep, maintain or have in his possession or. under his control within the City of Huntington Beach .any animal or reptile described in Section 4250 hereof without . first applying to,. and receiving. a permit from the Chief. Animal Control Officer or.his authorized representative to do so. (1352, 1835 - 4/73) S.. 4251.2 Any person dissatisfied with the ruling of the Chief Animal Control Officer may, within.-ten (10) .days thereafter, appeal.' from said decision to the City Council; such appeal. shall be a__simple statement- in writing setting forth in common terms the basis of .said appeal. . An `appeal -fee of. Ten Dollars ($10). shall be' required-. for' each appeal to the City Council. No, appeal, shall be placed on the agenda of any meeting of the City Council until such fee- has been" paid. (1835 .- 4/73)- 8/16/73 S. 4251. 3 ANIMAL CONTROL SAFETY S. 4251.3 No permit shall he granted except with such conditions attached ns shalL, in the opinion of the person or agency approving such permit, reasonably insure the puhli.c health, safety and general welfare, and no permit shall be granted in any event for any animal, reptile or serpent at any particular location except upon an explicit finding by the person or agency approving such permit that the issuance there- of will not be contrary to- the public health, safety and general welfare. S. 4251.4 The Chief Animal Control Officer may, -following application for a permit . and pending final disposition of the same, grant a temporary permit for the maintenance within the City of Huntington Beach of any such animal or reptile upon such conditions as he shall, in his sole discretion, require when, in his opinion, there is no reasonable doubt as to the consistency thereof with the .public health, safety and general welfare,_ but no animal or reptile shall be otherwise kept .or -main- tained within the City of Huntington Beach or permitted. to occupy any premises with- in the City of Huntington Beach, except while such a regular or temporary permit is in full force and effect. (1835 -. 4/73) S. 4251.5 The Chief Animal Control Officer, or his authorized deputy, shall take possession .of any animal or reptile described under Section 4250 for which a permit has not been issued and keep the same until the proper permit has been secured by .the owner thereof and shall release the same to the owner when all fees and costs have been paid and all laws and permit conditions complied with. (1352 - 1835 - 4/73) S. 4252 APPLICATION FOR PERMIT. An application for any permit required pursuant to this article shall be made to the Chief Animal Control Officer in writing and upon a form furnished by the Chief Animal Control Officer if so required. Said application shall be verified by the person who desires to have, keep, maintain or have in his possession, or under his control, in the City of Huntington Beach, the animal or reptile for which a permit is required, and shall set forth the following: (a) Name, address and telephone number of the applicant. (b) The applicant's interest in such animal or reptile: (c) The proposed location., and the name, address and telephone number of the owner of such- location, and of the lessee, if any. (d) The number and general description of all animals or reptiles for which the permit is sought. (e) Any information known to the applicant concerning vicious or dangerous propensi- ties of all such animals *or reptiles. (f) The housing arrangements for all such animals or reptiles with particular details as to safety or structure, locks, fencing, etc. (g) Safety precautions proposed to be taken. (h) Noises or odors anticipated in the keeping of such animals or reptiles. (i) Prior history of incidents involving the public health or safety involving any of said animals or reptiles. (j) Any additional information required by the Chief Animal. Control Officer at the time of filing such application or thereafter. (1835 - 4/73) S. 4253 REVIEW OF APPLICATION FOR PERMITS. Copies of any application for permit under this article shall be sent by the Chief Animal Control Officer to the law enforcement agency, Planning Department, and to any other department or agency from which information is sought, and no permit shall be granted without receipt of a report from the departments or agencies to which copies. of the application have been sent, unless waived by the City Administrator for good cause. (1835 - 4/73) SAFETY ANIMAL CONTROL S. 4243.2 S. 4243.2 GOATS . (a) It is hereby declared to be a nuisance and no person shall keep or maintain any goat within fifty (50) feet of any dwelling house other than that occupied by him or it, or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it, or more than four (4) goats within three hundred (300) feet of any dwelling house other than that occupied by him or it;, or more than five (5) goats within one thousand (1,000) feet of any dwelling house other than that occupied by him or it. (b) No person shall keep or maintain any male goat exceeding the age of six(6) months within the limits of the city of Huntington Beach. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4243.3 BEES. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him or. it in the city of Huntington Beach, any hive of bees within two hundred (200) feet of any dwelling house of the owner or person in control of such bees. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treat- ment, or other scientific purposes, provided .they are not permitted to fly at large. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . S. 4243.4 CATTLE AND HOGS. It is hereby declared to be a nuisance and no person shall keep or maintain in the city of Huntington Beach cattle or hogs at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1835-4/73, 1905-3/74) S 4243.5 Repealed (Ord. No. 1835-4/73) S. 4243.6 Repealed (Ord. No. 1872-10/73, See Art. 427) S. 4244 EDUCATIONAL OR YOUTH ORGANIZATIONS. PERMITS FOR ANIMAL HUSBANDRY. Notwithstanding any provision of this chapter., the City Administrator may issue permits to educational or youth-serving organizations to keep any animal of a domestic. nature upon his finding that such animal shall be kept to further purposes, projects or goals .of the organization, that no public nuisance will be created, :and that such animals will be properly maintained and cared for. This- permit shall be revocable .by the City Administrator upon finding of change in the original conditions of issuance or violation of any provisions of this chapter. (1835-4/73) 4/4/74 SAFETY ANIMAL CONTROL Si. 4254 S. 4254 I M111 HON FOR TRANSPORTA'hON OF ANIMALS THROUGH CITY. TIic pe nit it requirements of this chapter shaIL not apply to any person so keeping or maintaining or having in his possession or control any an:i.mal. or reptile defined in Section 4250,. when such person is transporting such animal or reptile through the City of Huntington Beach, has taken adequate safeguards to protect the public, and has notified the local law enforcement agency of the proposed route of transportation and time .thereof. (1352, 1835 - 4/73) S. 4255 PERMIT FEE. The fee for a permit application shall be Twenty Dollars ($20) for one wild or dangerous animal plus an additional Five Dollars ($5) for. two (2). or more wild or dangerous a.ii:i.mals , total fee not, to exceed Twenty-five. Dollars ($25) for any one 'permi.t. application. Said fce shall be payable to the Chief Animal Control Officer at the time of filing the permit appli- cation. Accretions by' natural birth shall not require addi_ti-onal permits during the period of a valid permit. Said fees are not refundable regardless. of whether or not any permit is issued. (1352, 1835 - 4/73) S. 4256 COr1MERCIAL ESTABLISHMENTS. Commercial establishments possessing such animals or reptiles for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in excess of the number thereof allowed by the terms of such permit. Such.establi.sh- ments may, in the discretion'of the approving agency, be granted. a permit for those such numbers of :each kind of animal or reptile as do not exceed the maximum, such establishment estimates will be maintained by it in the City of Huntington Beach at any one time during the period of the permit. Such permit shall require the im- mediate notification of the Chief Animal Control Officer upon the acquisition of any animal or reptile having a. prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage. (1835 - 4/73) S. 42-57. TERM AND RENEWAL OF• PERMITS. No permit required by this article shall be granted for a period in excess of one year. An application for renewal of any .permit shall be made not less than forty-five (45) days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application or the payment of an additional fee when, in his opinion, the public health, safety and general welfare do not require further inves- tigation prior to such renewal. (1835 - 4/73) S. 4258 REVOCATION OF PERMITS. The Chief. Animal Control Officer may, for good cause, revoke any permit or modify any terms or provisions thereof, after informal public hearing, and .may, in the event it is reasonably nec- essary to protect against an immediate threat or danger to the public. health or safety, suspend any permit or portion thereof without hearing, for a period not to exceed thirty �30) days. (1835 = 4/73) S. 4258. 1 Any person aggrieved by such action may, upon payment of .an appeal fee of Ten Dollars ($10) have such action reviewed by the City Counci but the Filing of an appeal shall not stay any order of suspension. S. 4259. The provision of this article shall not apply to animals which are kept confined in any public zoo, museum or circus, carnival, ex- hibition or show. 4/4/74 S. 4261 ANIMAL CONTROL SAFETY ARTICLE 426 MISCELLANEOUS RULES S. 4261 CLEANLINESS OF PREMISES WHERE ANIMALS ARE KEPT. Every person owning or occupying premises where any animal, fowl or bird is kept shall keep'the stable, barn, stall, pen, coop, building or place in which said animal is kept in a clean and sanitary condition. S. 4261 .1 KEEPING OF CERTAIN ANIMALS CLOSER THAN FIFTY (50) FEET OF INHABITED STRUCTURES. SCHOOLS AND HOSPITALS.., ETC. No person shall keep any animal, fowl, or bird, wild or domestic, other than dogs, cats, canaries, birds of the psittacinae family, within fifty (50) feet of any inhabited structure, school or hospital provided, however, that when any person keeps more than four (4) birds of the psittacinae family he shall keep such birds at least thirty-five (35) feet . from any of said structures. A violation of this section is an INFRACTION, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4262 VETERINARIES. NOTICE OF DEATH OF ANIMALS. Every person owning or operating any veterinary hospital or other establishment for the treatment of animals, shall give written notice to the owner of any such animal left in such hospital or institution for treatment, of the death of such animal, provided the name and address of the owner has been filed in the office of the veterinary hospital or other institution. S. 4262.1 RETENTION OF DEAD ANIMALS. Every person owning or operating any veterinary hospital or other establishment for the treatment of animals shall hold any animal which dies therein for a period of twelve (12) hours after written notification of the death of such animal has been sent to the owner thereof. S. 4262.2 CARCASS OF ANIMAL. It is hereby declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than twenty-four (24) hours, or to bury the carcass of any animal upon any premises owned, controlled or occupied by him.or it in the City of Huntington Beach. S. 4263 MANURE BINS AND REMOVAL OF MANURE. Every person owning or occupying premises where manure from any horse, pony, mule, cow, pigeon, fowl, rabbit or other animal accumulates shall provide for the removal of such manure daily. Unless all manure accumulated on any premises be removed daily, boxes, bins or receptacles of a design and construction acceptable to the Health Officer shall be provided by the owner or occupant of such premises, and such boxes, bins or receptacles shall be used only for the purpose of containing the accumulation of manure, which shall be placed therein or removed therefrom, and` in no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid; provided, however, that nothing contained herein shall apply to manure which is spread as fertilizer over or around cultivated plants, vines, vegetables, lawns, bushes or trees, or to manure kept by any nursery for commercial fertilizer purposes, unless such manure creates a nuisance either from fly breeding or excessive obnoxious odors. Said boxes, bins or receptacles shall be constructed of brick, stone, concrete, metal or wood lined with metal or other sound material, and shall be proof against. access to the contents thereof by flies. The contents of said boxes, bins or receptacles shall be removed once a week. 1 , SAFETY ANIMAL CONTROL S.. 4263.1 S. 4263.1 HEALTH OFFICER OR CHIEF ANIMAL CONTROL OFFICER MAY ORDER PREMISES AND MANURE BINS CLEANED AND DISINFECTED. No person who is ordered by the Health Officer or Chief Animal Control Officer to clean or disinfect any stable, barn, corral, stall, pen, coop, building, or place in which any horse,. pony,, mule, cow, fowl, bird or other animal is kept, or who is ordered by such officer to- clean or disinfect any box, bin or receptacle used for the accumulation of manure shall fail, neglect or refuse to clean and.disinfect. such stable, barn, corral, stall, pen, coop, building place, box, bin, or receptacle. S. 4264 DOGS IN STORES OR CONVEYANCES. No person shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal t:• be brought into or to remain in any room or place, other than a_ private home where "ood is not handled. for commercial purposes, in which meat, fish, game, poultry, fruit, ti-1getables, bakery goods or any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption; or permit any dog, cat or i other live animal to ride upon or get into or upon any wagon, or other veh'.cle in which ..,ay such articles offered or to be offered for sale for human consumption are being kept or transported; provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. A violation of this section is an INFRACTION, and upon' a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4264.1 TRANSPORTING ANIMALS ON MOTOR VEHICLES. . No person shall transport any .animal on the running board of any motor vehicle or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle whether in motion or not. l A violation of this section is an INFRACTION, and upon a conviction thereof shall be a punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) t S. 4265 LICENSE FEE A DEBT. The amount of any license fees imposed by this chapter shall be deemed a debt to the city and any person keeping any animal without having obtained a license and registration certificate from the city shall be liable to an action in the name of the city in any court of competent _ jurisdiction for the amount of the license fees and penalties imposed and required by this chapter to be paid for the privilege of keeping such animal and it shall be the duty of the. Chief Animal Control Officer to cause a complaint to be filed against any person violating any of the provisions of this chapter. Such action shall be cumulativ and shall not be deemed a bar to, or a waiver of, the right of the city to prosecute any person `or a violation of this article or any other applicable provision of this chapter. -, 1835-4/73)' S. 4266 KEEPING DISEASED ANIMALS PROHIBITED: EXCEPTION. No person shall keep i any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by him to be incurable, without a permit to do so from the Health Officer of the City. S. 4266.1 RABIES.' Whenever it is suspected that any animal shall have been bitten by another animal having, or suspected of having rabies, all <, rules and regulations under Chapter 42 of the Huntington'Beach Ordinance Code shall apply where applicable substituting the word "animal" for "dog." t i 4/4/74 S. 4267 ANIMAL CONTROL SAFETY S. 4267 NOISY ANIMALS. It is hereby declared to be a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the city of Huntington Beach under his control, any animal or animals, including any fowl or fowls, which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons. A violation of this section is an INFRACTION, and upon a conviction shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (1905-3/74) S. 4268 TRAPS PROHIBITED, No person shall set or use any spring steel trap, No. 1 or larger, in the city of Huntington Beach (this section shall not prohibit the use of gopher traps) . S. 4269 Whenever any reference is made to any portion of this chapter such reference applies to all amendments and additions thereto now or hereafter mole. The present tense includes the past and future tenses and the future, the present. S. 4269.1 Whenever a power is granted to, or a duty imposed upon the Chief Animal Control Officer and other public officers, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this chapter expressly provides otherwise. S. 4269.2 PENALTIES. Unless penalties are specifically provided for elsewhere in this chapter, any person, firm or corporation, violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in the county jail. (1905-3/74) SAFETY DEFENSE-DISASTER S. 4311 CHAPTER 43 _CIVIL DEFENSE/EMERGENCY SERVICES (1503, 1757 - 7/72) ARTICLE 431. Purposes 432. Definitions 433. Civil Defense and Disaster Council. 434. Officers 435. Civil Defense and Emergency Services Plan 436. Civil Defense and Emergency Services Organization 437. Emergency Curfew 438. Expenditures 439. Punishment of Violations ARTICLE 431 PURPOSES S. 4311 PURPOSES. . The declared purpose of this chapter is .to provide for the preparation and carrying out. of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. ARTICLE 432 DEFINITIONS S. 4321 DEFINITIONS. As used in this chapter, . "emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other con- ditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are .likely to be beyond the control of "the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. S. 4322 CIVIL DEFENSE. "Civil Defense" shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from actual or threatened enemy attack. S. 4323 DIRECTOR. "Director" shall mean the Director of Civil Defense and Emergency Services of the City of Huntington Beach. S. 4324 DEFENSE-DISASTER SAFETY S. 4324 CIVIL DEFENSE/EMERGENCY SERVICES ORGANIZATION. "Civil Defense/Emergency Services Organization" shall mean the organization that prepares for and carries out emergency planning and civil defense and emergency operations by government, business and the community in general, in order to prevent, minimize and repair injury and damage resulting from actual or threatened emergency or civil defense. S. 4325 CIVIL DEFENSE/EMERGENCY SERVICES PLAN. "Civil Defense/Emergency Services Plan" shall mean a written document which provides for the full utilization of all resources of the City of Huntington Beach, both human and material, during civil defense or emergency. ARTICLE 433 CIVIL DEFENSE AND DISASTER COUNCIL S. 4331 MEMBERSHIP. There is hereby created a Civil Defense and Disaster Council, consisting of the director who shall be .chairman, deputy director who shall be the vice chairman, Chief of Fire Department, or his representative, coordinator of Civil Defense/Emergency Services Planning and Training, and any city department head who may be appointed by the director, and representatives of civil, business, labor, veterans, professional, or other organizations, not to exceed five (5) in number, as may be appointed by the director. S. 4332 POWERS AND DUTIES. It shall be the duty of the Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council, civil defense and emergency service plans, mutual aid plans and agreements, and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Civil Defense and Disaster Council shall be advisory in nature, and may present such advice and recommendations as it deems necessary. The Civil Defense and Disaster Council shall meet upon call of the chairman, or in his absence or inability to call such meeting, upon the call of the chairman's authorized representative or the vice chairman. SAFETY DEFENSE-DISASTER S. 4341 ARTICLE 434 OFFICERS S. 4341 DIRECTOR; OFFICE CREATED. There is hereby created the office of Director of Civil Defense/Emergency Services who shall be the City Administrator of the City of Huntington Beach. S. 4342 DEPUTY DIRECTOR. OFFICE CREATED. There is hereby created the office of Deputy Director of Civil Defense/Emergency Services who shall be the Assistant City Administrator of. the City of Huntington Beach. S. 4343 POWERS AND DUTIES ENUMERATED. The Director is hereby empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a state of emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this city to accomplish the purpose of this chapter. (4) Direct cooperation between and coordinate services and staff of the ewer= gency organization of this city; and resolve questions of authority and responsi- bility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a local emergency, as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the Director is hereby empowered: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, how- ever, such rules and regulations shall be confirmed at the earliest practicable time by the City Council. (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer same for public use. (c) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits, and. immunities as are provided by state law for registered disaster service workers. S. 4343 (6) (d) DEFENSE-DISASTER SAFETY (d) To requisition necessary personnel or material of any city department or agency. (e) To execute all of his ordinary power as City Administrator, of all special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council; all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. The Director of Civil Defense/Emergency Services shall designate the order of suc- cession to his office to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council. The Deputy Director shall, under the supervision of the Director, have such other powers and duties as may be assigned by the Director. (f) To appoint a coordinator of Civil Defense/Emergency Planning and Training who shall also be the Assistant Deputy Director of Civil Defense/Emergency Services. ARTICLE 435 CIVIL DEFENSE AND EMERGENCY SERVICES PLAN S. 4351 FORMULATION OF PLAN. The Director shall prepare and maintain, on a current basis, a Civil Defense/Emergency Services Plan as necessary to carry out the purpose of this chapter. The Civil Defense/Emergency Services Plan shall be consis- tent with plans of the State of California and the Federal government, and shall here- after be referred to as "the Plan." S. 4352 CONTENTS OF PLAN. The Plan shall set up the assignment of emergency duties and functions of all city agencies and employees, and volunteer organiza- tions, as well as the lines of succession of the members of the Civil Defense/Emergency Services Organization. S. 4353 ADOPTION OF AND AMENDMENTS. The Plan and amendments thereto shall be placed on file with the City Clerk by the Director, and approved or dis- approved by the City Council within thirty (30) days of such filing. The Plan, and amendments, if any, shall be effective upon filing with the City Clerk unless disap- proved by the City Council within thirty (30) days of such filing. S. 4354 ASSIGNMENT OF DUTIES AND FUNCTIONS. In assigning emergency duties and functions to city agencies and personnel, the Director shall assign res- ponsibilities to utilize to the maximum the skills and talents of city employees. When the requisite skill or talent for a particular responsibility is not available within the city government, the Director is authorized to seek assistance on a volunteer basis from persons outside the city government. The Director shall assign duties to such persons, and grant the authority to carry out their respective responsibilities during and after the occurrence of a disaster. S. 4355 EFFECT OF PLAN. The Plan shall be binding upon all agencies of city govern- 1 ment, its employees and registered volunteer disaster service workers, and have the effect of law whenever an emergency, as provided in this chapter, has been proclaimed. • SAFETY DEFENSE-DISASTER S. 4361 ARTICLE 436 CIVIL DEFENSE AND EMERGENCY SERVICES ORGANIZATION S. 4361 CREATION OF CIVIL DEFENSE AND DISASTER ORGANIZATION. There is hereby created the Huntington Beach Civil Defense/Emergency Services Organi- zation. All officers and employees of the city- shall be a part of such organization. The Director shall train and organize all employees and officers of the city for purposes of maintaining the civil defense/emergency capability of the city. The Director is authorized to use volunteer forces during an emergency including but not limited to groups, organizations and persons who by agreement or by operation of law are .charged with the duty to protect the life and property of persons within the city during a disaster. S. 4362 SERVICE CHIEFS. APPOINTMENT AND DUTIES. The Plan, as set out in this chapter, shall provide for the appointment of service chiefs who shall . be responsible for the carrying out of all duties and functions assigned in the disaster plan. Duties of service chiefs shall include the organization and training of city officers, employees and volunteers. Each service chief shall formulate an operational plan, which shall become a part of the plan, as specified herein. Before an operational plan may become a part of the Civil Defense/Emergency Services Plan, it must first be approved by the Director. The Director shall determine whether the operational plans are in conflict with the Civil Defense/Emergency Services Plan. If the operational plans are in conflict with the Civil Defense/Emergency Services Plan, the Director shall reject such operational plans. Each service chief shall be responsible for the care, for the maintenance, and for the proper use of any special equipment or property which may be obtained by or assigned to him from time to time by the Director. ARTICLE 437 EMERGENCY CURFEW S . 4371 CURFEW. The Director is hereby empowered to establish an emergency curfew in the event of a local emergency, or when a disaster or state of emergency is declared by the President of the United States or the Governor of the State of California. ARTICLE 438 EXPENDITURES S. 4381 EXPENDITURES. Any expenditures made in connection with emergency ac- tivities including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Huntington Beach. S. 4391 DEFENSE-DISASTER SAFETY S. 4391 PUNISHMENT OF VIOLATIONS. It shall be a misdemeanor, punishable by a fine of not to exceed Five Hundred Dollars ($500) or by imprisonment for not to exceed six (6) months, or both, for any person during an emergency to: (a) Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter. (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter if such act is of such a nature as to give or be likely to give assistance to enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. (c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state. S. 4392 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this chapter, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of this chapter, or any future amendments or additions thereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. I WELFARE DIVISION DIVISION 5 - WELFARE CHAPTER 50 . REDEVELOPMENT AGENCY 51. LIBRARY 52 . RECREATION AND PARKS 53 . MORALS 54. MINORS 55. NUISANCES WELFARE REDEVELOPMENT AGENCY DIVISION 5 CHAPTER 50 REDEVELOPMENT AGENCY (1285) Article 501 Redevelopment Agency S . 5011. It is hereby found and declared, pursuant to Section 33101. of the Community Redevelopment Law, that there is a need for the Redevelopment Agency created by Section 33100 of said law to function in the City of Huntington Beach, and said Agency is hereby authorized to transact business and exercise its powers under the Community Redevelopment Law. S . 5012 . Pursuant to the provisions of Section 33200 of the Community Redevelopment Law, this body hereby declares itself to be the Agency provided in Section 5011 hereof and that all the rights , powers , duties , privileges and immunities vested by the Community Redevelopment Law in such Agency shall be, and are, vested in this body. WELFARE LIBRARY S. 5111 CHAPTER 51 LIBRARY ARTICLE 511. GENERAL 512. LIBRARY BOARD 513. MEETINGS 514. POWERS OF BOARD 515. FISCAL MATTERS ARTICLE 511 LIBRARY S. 5111 Library Established. A public library, under the pro- Visions of an act of the Legislature of the State of California., entitled, "An act to provide for the Establishment and Maintenance of Public Libraries within Municipalities , " approved March 23, 1901, is hereby established in and for this City, the in- habitants thereof and the nonresident taxpayers of this City, and the same shall be maintained by the levy of taxes upon the taxable property of this City hereinafter mentioned, and said library shall be controlled under the provisions of .said library act of 1901, and all amendments thereto, and the duties of the Board of Library Trustees hereinafter mentioned shall be the same as those duties specified for such officers in said library act of 1901, and all amendments thereto , and the scne shall be known as the "Huntington Beach Public Library. " (18) S. 5112 Use of Library. Said public library hereby established under said act of the Legislature shall be forever free to the inhabitants and nonresident taxpayers of this City, subject always to such rules , regulations and by-laws as may be made by the Board of- Library Trustees , and provided, that for violations of the same, a person may be fined or excluded from the privileges of the library. (18) S. 5113 Contracts with Cities , Counties. The Board of Library Trustees of said public library of this City may contract with the legislative bodies of neighboring munucipalities or Boards of Supervisors of the county in which any public library or libraries are situated, for the lending of books of such library to residents of such counties or neighboring municipalities upon a reasonable com ensation to be paid by such counties or neighboring municipalities. (18� S. 5114 LIBRARY WELFARE S. 5114 Title to Property. The title to -All property acquired for the purpose of said. library, when not inconsistent with the terms of its acquisition, or otherwise designated, shall rest in the City of Huntington Beach in which such library is or is to situated and in the name of the City of Huntington Beach may be sued for and defended by action at lawor otherwise. (18) S. 5115 Harmony with State Law. Nothing in this Chapter shall be construed as being in conflict with an act of the Legislature of the State of California, entitled "An Act to Provide for the Establishment and Maintenance of Public Libraries within Municipalities , " approved March 23, 1901, or any amendment thereto. (18) S. 5116 Distribution of Duties. A11 the duties enumerated in said act shall devolve upon and be discharged by the officers and employees mentioned in said act , and this Chapter. (18) ARTICLE512 LIBRARY BOARD S. 5121 Designation: Members : Appointments. Such public library shall be managed by a board designated as the Board of Library Trustees , consisting of five members ,. to be appointed by the Mayor, by and with the consent of the Council. (18) S. 5122 Terms of Office: Compensation. Such Trustees shall severally hold office for three years , serving without compensation. S. 5123 Initial Terms of Office. The number of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at the end of the current fiscal year, two at the end of one year thereafter, and the other two at the end of two years thereafter. (18) S. 5124 Sex: Filling Vacancies. Men and women shall be equally eligible to such appointment; and vacancies shall be filled by appointment for the unexpired term in the same manner. (18) i WELFARE LIBRARY S. 5131 ARTICLE 513 MEETINGS S. 5131 Regular Meetings. The Board of Library Trustees shall meet at least- once a month at such times and places as they may fix by resolution. (18) S. 5132 Special Meetin s. Special meetings may be called at any time by three trustees , by written notice served upon each member at least three hours before the time specified for the proposed meeting. (18) S. 5133 Quorum. A majority of the board shall constitute a quorum for the transaction of business. (18) S.5134 President : President pro Tempore. Such board shall appoint one of their number president , who shall serve for one year and until his- successor is appointed, and in his absence shall select a president pro tempore. (18 S. 5135 Minutes : Certificate to State Librarian. Such board shall cause a proper record of their proceedings to be kept; and at the first meeting of such l46ard it must immediately, upon organization, cause to be made out- and filed with the State Librarian at Sacramento , a certificate showing that such library has been established, with the date thereof and the names of the trustees and of the officers of the board chosen for the first year. (18) ARTICLE 514 POWERS OF BOARD S. 5141 Enumerated Powers. The Board of Library Trustees shall have power : S. 5142 Rules Regulations, Bylaws. To make and enforce all rules , regulations and bylaws necessary for the adminis- tration, government and protection of the libraries under their management, and all property belonging thereto. (18) S. 5143 Gifts. To administer any trust declared or ,created for such libraries , and receive by gift , devise , or bequest and •hold in trust or otherwise, property situated in this State or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such libraries. (18) S. 5144 Prescribin4 of Duties. To prescribe the duties and powers of the librarian, secretary and other officers and employees of any such libraries. S. 5144.1 LIBRARY WELFARE S. 5144.1 Personnel: Compensation. To determine the number of and appoint all such officers and employees , and fix their compensation, which said officers and employees shall hold their offices or positions at the pleasure of said board. (18) S. 5145 Purchases. To purchase necessary books , journals , publications and other personal property. (18) S. 5146 Land: Buildings. To purchase such real property, and erect or rent and equip, such building or buildings, room or rooms as may be necessary when in their judgment a suitable building, or portion thereof, has not been provided by the Council for such libraries. (18) S. 5147 State Publications. To require the Secretary of State and other State fficials to furnish such libraries with copies of any and all reports , laws -and other publications of the State and otherwise disposed of by law. (18) S. 5148 Exchanre of Books : Nonresidents. To borrow books from, lend books to and exchange the same with other libraries; and to allow nonresidents to borrow books upon conditions as they may prescribe. (18) S�514_9 Incidental Powers. To do and perform any and all other acts and things necessary or proper to carry out the provisions of said act. (18) ARTICLE 515 FISCAL MATTERS S. 5151 Annual Report. The Board of Library Trustees shall, on or before the last day of July in each year, make a report to the Council, giving the condition of the library on the, thirtieth day of June preceding, together with a statement of their proceedings for the year then ended, and must immediately upon the publication of such report forward a copy thereof to the State Library at Sacramento. (18) S. 5152 Library Tax, The Council shall , in making the annual tax levy and as apart thereof, if the maintenance of ';the library has not been otherwise provided for, levy a tax for the 'purpose of maintaining such library and purchasing property necessary therefor , which tax shall be in addition to other taxes the levy of which is permitted in this City. (18) WELFARE LIBRARY SO 5153 S. 5153 Maximum Rate of Tax,. After two -years from the establish- ment of this library, such levy of taxes shall not exceed 2 mills on the dollar of assessed valuation. (18) S. 5154 Library Fund. The revenue derived from said tax, to- ge her with all money acquired by gift , devise, bequest or otherwise, for the purposes of the library, shall be apportioned to a fund to be designated the Library Fund and be applied to the purposes herein authorized. (18) S. 5155 Care of Donations. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift , devise, or bequest , the Board of Trustees shall pro- vide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gift , devise or -bequest. (18) S. 5156 Pa ments from Fund. Payments from said fund shall be made in the manner rovided for the payment of other demands against this City. (18� S. 5157- Presentation of Demands. Demands upon said fund shall be presented to the Board of Library Trustees for allowance rather than to the Council. (18) WELFARE RECREATION AND PARKS S o 5211 CHAPTER 52 RECREATION AND PARKS (539, 803, 1113) ARTICLE 521., RECREATION AND PARKS DEPARTMENT 522o DIRECTOR OF RECREATIt'LON AND PARKS 523 . FISCAL MATTERS 524. RECREATION AND PARKS GONMISSION ARTICLE 521 RECREATION AND PARKS DFPAR`YV1EN`T S . 5211 Recreation and Parks Department, Established, In order to secure the benefits accruing to the City, from the .growth and development of land within the City, there is hereby established a Recreation 'a'nd Parks Department in the City of Huntington Beach, S , 5211.1 Recreation and Parks Department. Ob ives , The objectives of the Department shall be to encourage, foster, facilitate , establish, and maintain a systemized program of recreation, to be made available to residents and visitors of the . City on any of the properties owned or controlled 'by the City, or on any other propertieswith the consent of the owners and authorities thereof. Also, to maintain city-owned or leased propertiesof a park or recreational nature as deemed desirable by the City Council. ARTICLE 522 DIRECTOR OF RECREATION AND PARKS S . 5221 Title , Director of Recreation and Parks . - S , 5221A Definition. Subject to prevailing administrative policy; the Director of Recreation and Parks will assume full responsibility for, the management and overall coordination of all functions of a governmental agency concerned with the development . and operation of a public recreation and park service . So 5221. 2 RECREATION AND PARKS WELFARE 5 . 5221. 2 Duties . Directs all operational and development phases of the work; evaluates- present and future needs for areas and services and relates same to available resources ; recommends.;policy and acts as advisor to -administrattive and legislative ,superiors ; directs and_.participates. in .the -pr°eparat:ion .of budgets and reports ; meets and confers with individuals and .groups :in matters of public . interest; develops and maintains a high level of organizational efficiency and a .sound public relations program; plans and -.implements. in-training programs and assumes such other duties which .are essential to .good adminis- trative- practices . The Director -of Recreation and Parks :shall supervise divisions of Cip,y.-government pertaining .to. recreation, .,park acquisition, park : developmextt and/or any other use the City Council may Iso dirtcto .Said direction may be accomplished by a resolution passed by a -majority vote -of-the Council. The Director of Recreation and Parks.-shall serve as Secretary to the Recreation and.Parks Commission without vote . So 52210201 Director :of Recreation and Parks . . Appointment. The -Director of Recreation -.and Parks ;s.hall .be 'the -head of the -Recreation -and -Parks -Department. '-He shall '.be a-ppointed by the City Council and shall hold office at :their :pleasureo .So 5221. 2. 2 Director of -Recreation and -Parks . Salary. The.-Director- of Recreation and Parks shall .receive such .salary as the Council shall..provide by ordinance. Se 5221. 2.3 Director of Recreation and Parks . Recommend the Appoint- ment :of Subordinateso The -Director of Recreation and Parks shall, under the -supervision of .the City Administrator;, ,appoint all other .officers , assistants , deputies and employees of .the -Rdcre•ation and Parks Department-, subjec•t to the approval of the .C-ity Council.. ARTICLE 523 FISCAL MATTES 23�I Fees and Charles The Department of Recreation and Parks does hereby have authority to charge -•the :public :reasonable fees for -city building use and .for -participation .in .recreation activities -to help defray :publ c. expense, subject .-to .the approval of the City -Council . S-o -5231o1 Acceptance of Gifts, The Recreation and Parks Department may accept all .gifts , devises., legacies o:t"bequests (personal . property) from any, source, •public or -private, -in the name of .the City of -Huntington .Be-ach-, subject to the. approval of the City "Counc•il o WELFARE RECREATION AND PARKS S . 5231. 1.1 S . 5231. 1.1 Funds , All moneys so obtained by the Recreation and Parks . Department shall be deposited by the Director of Recreation. and Parks , or his assistant, in' the General Fund of the Treasury of the City of Huntington Beach, or any special fund - the City Council may designate. S . 5231. 1. 2 Annual Budget. The City Council shall annually establish a Recreation and Parks Department budget of which Department demands shall. be drawn from the General Fund, ARTICLE 524. RECREATION AND PARKS COMMISSION S . 5241 Recreation and Parks Commission Established. There is hereby established :an Advisory Recreation and Parks Commission in and for the City of Huntington Beach. The present Recreation Commission members and officers shall serve out their designated terms as members of the Recreation and Parks Commission. S . 5241,1.. The Commission shall be composed of eleven (11) members who shall be appointed from time to time by the Mayor with the approval of the City Council. Five (5) members shall be appointed for a term of four (4) years and six (6) members shall be. appointed for terms of one (1) year each. (1300) S . 5241,1. 1 Four Year Terms . The Mayor, with approval of the City Council, shall appoint five (5) members from the City at large for four year terms . All -of the terms shall terminate on July 1st, One term in 1966 , two terms in 1968, and two terms in 1969. Upon completion of a Commissioner's term the Mayor, with the approval of the City Council may reappoint him or a successor for the succeeding term. S . 5241. 1. 2 One Year Terms , The Mayor, with the approval of- the City Council, shall appoint six (6) members for terms of. one (1) year. Each Elementary and High School and Junior College District having facilities within the City of Huntington Beach may recommend to the Mayor, on or before the third Monday in June of each year, two or more persons , residents of their respective school districts , to represent their district. One of said persons shall be appointed by the Mayor, with the approval of the City Council for a one (1) year term which will terminate on July 1st the following year. In the event that any District shall not make such recommendations to the Mayor by the 1st day of July, then the Mayor, with the approval of the City Council, may appoint some qualified person to a one (1) year term to .represent such School District on the Recreation and Parks Commission. (1300) S. 5241.1.3 Mayor as Member. The Mayor shall be an exmofficio member of said Commission. S . 5241.1.4 RECREATION AND PARKS WELFARE S. 5241.1.4 Secretary. The Director of Recreation and Parks shall serve as Secretary to the Recreation and Parks Commission without vote and shall keep permanent minutes of the Commission meetings . S. 5241.1.5 Removal of Members . The term or terms of office specified herein shall not be deemed arbitrary and should the Mayor, with the approval of the City Council determine that it would be for the best interest of the Department that a-member be retired, he may so order and appoint a successor for the unexpired term of office of such retired member. S. 5241.1.6 Voluntary Retirement. Other Vacancies_. Further, members shall be privileged to voluntarily retire from the Commis- sion at any time ; successors to be appointed in such case, or any other vacancy from whatever cause, by the Mayor, with the approval of the City Council, for the unexpired term of office. S. 5341.1.7 Successive Terms . Members may be reappointed by the Mayor, with the approval of the City Council for as many terms of office as is desirable, provided however, that members representing School Districts shall require renewed recommendations from their School District for each reappointment. S. 5242 Meetings . The Recreation and Parks Commission shall meet regularly on the second Wednesday of each month at 7.30 Y.M. in the Council Chamber of the City of Huntington Beach unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings shall be called by the Chairman. All meetings shall be open to the public. S. 5242.1 Compensation. All members of the Recreation and Parks Commission shall receive compensation for their service, the sum of $15.00 for each regular monthly Commission meeting attended. No compensation shall be given for adjourned or special meetings . S. 5242.1.1 Duties and Responsibilities . The Recreation and Park Commission shall act in an advisory capacity to the City Council,. the Boards of Trustees of the School Districts and the Director of Recreation and Parks in all matters pertaining to park acquisition, development and maintenance, and recreational programming or facilities . Also to cooperate with other governmental agencies; and civic groups in the advancement of sound park and recreational planning under the Direction of the City Council. Commissioners may study, report and interpret the needs of the public to the City Council and .may assist in securing financial support from the community for park and recreational needs . The Commission may review the annual budget as presented to the City Council and advise them on the current operational needs and long- range plans for capital improvement. I Tn1ELFARE RECREATION AND PARKS S . 5242. 1. 2 S . 5242a1. 2 ELECTION OF OFFICERS. The Recreation and Parks Commision shall elect from its members a chairman and •vice chairman at the regular .July meeting and such officers shall serve for one (1) year and until their successors are elected. The chairman and vice chairman may make and second motions and shall have a voice and vote in all proceedings of the Recreation and Parks Commission. (1434) S . 5242.1e3 QUORUM PROCEEDINGS. A majority of the members of the Recreation and Parks Commission in office shall con- stitute a quorum. A majority vote of the members present, and voting, where a quorum is present at any regular or special meeting .is re- quired to carry a motion, proposal or resolution. Upon demand of any member, the roll call shall be called for yeas and nays upon any question before the Recreation and Parks Commission. Absence from three (3) consecutive meetings without formal consent of the Commission chairman shall be deemed to constitute the retirement , of such member and the position shall become vacant. Robert 's Rules of Order Revised will govern the procedure of meetings of the Recreation and Parks Commission unless inconsistent with other provisions of this section and article. (1434) WELFARE MORALS S . 5311 CHAPTER 53 MORALS ARTICLE 531. GAMBLING 532. PIN BALL MACHINES 533 . POOL AND BILLIARD HALLS 534. FORTUNE TELLING - PROHIBITED 535• INDECENT EXPOSURE OF TOPLESS & BOTTOMLESS WAITRESSES & PERFORMERS ARTICLE 531 GAMBLING S . 5311 Keeping of Gambling Place . No person (either as princi- pal, agent, employee or otherwise) shall keep, conduct or maintain within this City any house , room, apartment or place used in whole or in part as a place where any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, is played, conducted, dealt or carried on, with cards , dice, billiard balls , pool balls , cues , or other devices , for money, checks , chips , credit or any other representative of value or for any merchandise or any other thing of value. (536) S . 5312 Permitting Gambling Games . No person (either as princi- pal, agent, employee , or otherwise) shall knowingly per- mit any house, room, apartment or place owned by him or under his charge or control, in this City, to be used in whole or in part for playing, conducting, dealing or carrying on therein any game not mentioned in Section 330 and 330a of the Penal Code of the State of California, with cards , dice, billiard balls , pool balls , cues or other devices , for money, checks , chips , credit or any other representative of value of for any merchandise or any other thing of value . (536) S ._5313 Betting on Games . No person shall play or bet at or against any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, which is played, conducted, dealt or carried on with cards , dice, billiard balls , pool balls , cues , or other devices , for money, checks , chips , credit or any other representative of value or for any merchandise or any other thing of value. (536) S . 5314 MORALS WELFARE S . 5314 Definitions . As used .in this Chapter "anything of value" means money, coin, currency, check, ship, allow- ance, token, credit, merchandise , property, or anything representative of value, and includes without limitation any payment for services or for the use of any premises , cards , chips , furniture , or other article. Also, as used in this Chapter, "anything of value" means any in- crease or probable increase in business or patronage resulting directly or indirectly from the playing of any game of cards per- mitted by Section 5315. Also, as used in this Chapter, "anything of value" means any rent, renumeration or compensation of any nature received by any person, firm, corporation, club, lodge , association or church for the use or occupancy of any premises where the major, primary or usual use of said premises if for the playing of card games permitted by Section 5315. (713) S . 5315 Card Games . Notwithstanding the provisions of Section 5311, 5312, and 5313 , any game played with cards , and not mentioned in S . 330 of the Penal Code of the State of California, shall not be prohibited unless in violation of one or more of the following sections of this article . (713) S . 5315. 1 Winnings . It is unlawful for any person, firm, corpora- tion, lodge , club, association, church, or any other group of persons to receive directly or indirectly anything of value from the playing or operation of any game of cards permitted by Section 5315, other than the actual winnings to which a person playing such a game in good faith for himself alone may be entitled as the result of such game . (713) S . 5315 . 2 Losses . It is unlawful for any person, firm, corpora- tion, lodge, club, association, church or any other group of persons to give anything of value for being permitted to participate in any game of cards permitted by Section 5315 other than to pay the actual losses sustained by such person playing such game in good faith for himself alone . (713) S . 5315.3 Betting. It is unlawful for any person, firm, corpora- tion, lodge , club, association, church or any other group of persons to bet or wager anything of value belonging to another person in any game of cards permitted by Section 5315. (713) S . 5315 .4 Hours . It is unlawful for any person, firm, corporation, lodge, club, association, church, or any other group of persons to play, participate in, or be present at any game of cards permitted by Section 5315, between the hours of 2:00 A .M. and 6 :00 A .M. (713) ,WELFARE MORALS S . 5315 .5 S , 5315.5 Permitting Use of Premises . It is unlawful for any person, firm, corporation, lodge , club, association, church or any other group of persons , either as owner, lessee , agent, employee , mortgagor, or otherwise , to knowingly permit any room, building or premises , or any furniture, fixtures , equipment or other article, or anything of value , to be used for or in any game of cards permitted by Section 5315, in connection with which a violation of Sections 5315 . 1, 5315. 2 and 5315 .3 occurs . (713) S . 5315 .6 Seizure of Equipment . In addition to any other remedy provided by law, any furniture , fixtures , equipment or article , or anything of value, used in violation of .Section 5315.5 hereof, may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code of the State of California, and in such cases shall be disposed of as provided in said Section 335a of said Penal Code ; provided, however, that the phrase "machine or device" as used in said Section 335a of the Penal Code, shall mean any furniture , fixtures , equipment or article , or anything of value except money, coin, or currency. Any or all money, . coin, or currency used in violation of Section 5315 .5 and seized pursuant to this section shall be deposited in the City General Lunde (713) ' So 53-15.7 Inspection of Games . When any game of cards is being played which is permitted by Section 5315, it shall at all times be open to inspection by regular. full time Police Officers of the City of -Huntington Beach while on actual duty. (713) Sa 5315.8 Hindering Inspection. It shall be unlawful .for any . person, firm, corporation, lodge , club, association, church or any other group of persons to hinder, impede, . obstruct,. prohibit of prevent or to assist in such hindering, impeding, obstructing, prohibiting or, preventing . any such lawful inspection as provided for in Section 5315.7 . (713) So 5315.9 Construction. Nothing in Article 531 shall be construed as permitting any game of cards prohibited by Section 330 of the Penal Code of the State of California. (713) So 5316 Severabilityo If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, as applied to any person or •persons , such decision shall not affect the validity .of the remain- ing portions of this ordinance . The City Council of the City of Huntington Beach hereby declares that it would have passed this Ordinance , and each section, paragraph, sentence , clause, or phrase thereof, irrespective of the fact that any one or more . section, paragraphs , sentences , clauses , or phrases be declared unconstitutional or invalid. (713) So 5317 Penalty. Any person, firm or corporation violating . any of the provisions of this Article shall be punished as provided in Section 0043 of the Huntington Beach Ordinance Code . (713) So 5321 MORALS WELFARE ARTICLE 532 PINBALL - MACHINES-S. 5321 Pinball Machines Prohibited, Every person who manu- factures , owns , stores , keeps , possesses , sells , rents , leases , lets on shares , lends or gives away, transports or exposes for sale or lease or offers to sell, rent, lease, let or shares , lend or give away or who permits the operation of or permits to be placed, maintained, used or kept in any .room, space or building owned, leased or occupied by him or under his management or control, any pinball or marble machine or device as hereinafter defined9 and every person who makes or permits to be made with any person any agreement with reference to any machine or device , as herein- after defined, pursuant to which the user thereof as a result of any element or chance or other outcome unpredictable to him may become entitled to receive any money, credit, allowance or thing of value or . additional chance or right to use such machine or de- vice, or to receive any check, slug, token or memorandum entitled the holder to receive any money, credit, allowance or thing of value, . is guilty of a misdemeanor and shall be punishable by a fine of .not more than .Five Hundred Dollars or by imprisonment in the City or County Jail not exceeding six months or by both such fine and imprisonment. Any machine, apparatus or device is a pinball or marble machine or device within the provisions of this Section if it is one that is adapted, or may readily be converted into one that is adapted, for use . in such a way that, as a result of the insertion of any piece of money or coin or other .object such machine or device is caused to operate or may be operated and by reason of any element of chance or of other. outcome of such operation unpredictable by him, the user may receive or -become entitled to receive any piece of money, credit, allowance or thing of value , or any check, slug, token or memorandum, whether of value or otherwise, which may be exchanged for money, credit, allowance or thing of value, or which, may be given in trade, or the user may secure additional chances or rights to use such machine, apparatus or device, irrespective of whether it may apart from any element of chance or unpredictable outcome of such operation, also sell, deliver or present some merchandise , indication of weight entertainment or other thing of value . (710) WELFARE MORALS S. 5322 • S. 5322 Description, The pinball machine. or marble machine, con- trivance, appliance or mechanical. device, the use or operation or possession of.:which machine is prohibited by Section 5321 is usually but not exclusively -described as consisting of a table being in the shape of a box with the upper side covered by glass. Inside the box is a. surface studded with pins , plugs , buffers , sprints and holes and when a ball is released by a plunger -upon this surface the ball wends its way from the: -top to the bottom and during its journey.may .fall -into one of the numerous holes , or in its course along the surface of said table may hit many of the springs, pins or plugs,._ thereby and by means of electrical or ' other recordings , giving ,to the player a score, . or other result from the operation of such machine which indicates the probable or possible return to the player of. any- consideration mertioned .in Section 5321. The description of the pinball machine or marble machine or other contrivance, appliance or mechanical device given in this Section does not ..in -any way limit the penal provisions of Section 5321, and is not, `7to be construed as making legal any pinball machine or marble machine or other contrivance, appliance or mechanical device which is prohibited by the general terms of Section 5321, but may not be specifically described in this Section. (710) S. 5323 Seizure of Machine. In addition to any other remedy pro- -vi ed by law and such machine, contrivance, appliance or . mechanical device may be seized by any of the officers designated by Section 335 of the Pei*l Code of the State of California, and a notice of intention summarily to destroy such machine or device must thereupon be posed in a conspicuous place upon the premises in or upon which such machine or device was seized. Such machine or device shall be held by such officer for thirty (30) days after such posting, and if no action is commenced to reemover possession of such machine or device, within such time, the same shall be summarily destroyed by such officer, or if sueh machine or device is held by the court , in any civil or criminal action, to be in violation of this Article the same shall be summarily destroyed by such officer immediately after the decision of the court has become('final. Any and all money seized in or in connection with such machine or device, immediately after such machine or device has been so destroyed, is to be paid into the Treasury of the City of Huntington Beach to the credit of the General Fund. (710) S. 5324 S=Iementing State Penal Code. The provisions of this sub ivision ar-e not in ende o conflict with, but shall supplement all laws of the State of California, prohibiting lotteries , gaming, or gambling and these provisions must be invoked by all law enforcement officers whose duty it is to enforce the laws of the State of California against lotteries, gaming or gambling, when by operation of this Article the use, ownership or possession, as defined in Section 5321, of any such game or mechanical device or contrivance is pro- hibited by this subdivision but might not be prohibited by the laws of the State of California. (710) i S. 5325 MORALS WELFARE S. 5325 Possession Prohibited. It is specifically declared that he mere possession or control, either -as owner, lessee, agent, employee, mortgagor, or otherwise of any pinball machine or marble machine, contrivance, appliance or mechanical device as de- fined in Section 5321 might be an infraction of the laws of the State of California against lotteries , gaming or gambling. It is specifically declared that every person who has in his posses-. sion or under his control, either as owner, lessee, agent, employee, mortgagor or who permits to be placed, maintained or kept in any room, space enclosure, or building owned, leased or occupied by him, or under his management or control, whether for use or operation for storage, bailment , safekeeping or deposit only, any pinball machine or marble machine, appliance or electrical or mechanical device, as described in Section 5321, is guilty of a misdemeanor and punishable as. provided in Section 5321. , It is further declared that the provisions of this Article specific- ally make the mere possession of such machine or contrivance or de- vice illegal and render such machine or contrivance subject to con- fiscation as provided in Section 5321. (710) S. 5326 Possession Continued. It is further expressly provided that every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagor or otherwise, or who permits to be placed, maintained or kept in any room, space, enclosure or building owned, leased or occupied by him, or- under his management or control, whether for use or operation or for storage, bailment , safekeeping or deposit only, any pinball machine or marble machine of the type and character described in Sections 5321 and 5322, is guilty of a misdemeanor and punishable by a fine of Five Hundred Dollars or imprisonment in the City or County Jail for six months or by both such fine and imprisonment, even though such person claims that such device is a game of amuse- ment only and that there is no return of any kind to the player. The Council expressly states as a reason for the adoption of this Article that the individuals who operate such machines obtain illegal power, prey upon the public particularly children and the unwary, inexperienced and credulous individuals. (710) S. 5327 Public Nuisance. It is further expressly provided that any pinbal machine or other contrivance or device as i described in Section 5321 and/or Section 5322 constitutes a public nuisance and the City Attorney when directed by the City Council, shall institute abatement proceedings against the owner or lessee of any building in which such machine is located, after the effective date of this ordinance. (710) I ..WELFARE MORALS S . 5328 So 5328 Certain Machines -Exempted. It is further expressly provided that this Article shall not apply to music machines , weighing machines and machines which vend cigarettes , . candy, ice cream and - the like upon which there is deposited an exact consideration and in which in every case the customer obtains that which he purchases . (710) S , 5329 If any section, subsection, sentence, clause or phrase of this Article is , for any reason, held to be invalid or un- constitutional, . such decision shall not effect the validity of the remaining portions of this Article . The City Council of the City of Huntington Beach hereby declares that it would have passed this Article, and each section, subsection, sentence , clause or phrase thereof, , irrespective of the fact that any one or more of the sections , subsections , sentences , clauses or phrases be declared invalid or unconstitutional, (710) ARTICLE 533 POOL AND BILLIARD HALLS (765) So 5331 Council Permit : In addition to complying with Chapter 21 of the Huntington Beach Ordinance Code , any person, firm, or corporation desiring to engage - in the business of operating a pool .or billiard hall, or other lawful .indoor game conducted for profit and open: to the public, shall first make an application for a permit in writing . to the City Council containing .at least the following information: (a) Name and address of applicant. (b) Name and address of all financially..-interested parties of the firm. . (c) If the applicant is a corporation, the names and addresses of all of the officers of said corporation. (d) Name and address of manager or person to be in charge of premises . (e) Address or location of the proposed pool or billiard hall, or room. (f) Number of tables to be operated . (g) Whether or not alcoholic beverages are to be sold on the premises . (h) List of any and all games and amusement machines and devices to be operated on the premises , (i) Signature of the applicant . (765) . S . 5332 MORALS WELFARE S . 5332 Police Identification: In addition to the written appli- cation as herein required, the applicant, manager and per- sons referred to. in sub-sections a, b, c, and d of Section 5331 of this Ordinance, shall personally appear before the Chief of Police - or his authorized representative, prior to the City: Council meeting when the application for Council permit is to be heard, and have his or their fingerprints and photographs taken for the purpose of a criminal .record investigation, (765) S . 5333 Permit: The City Council shall have full power to grant a permit or reject said application. After Council and Police investigation, if it shall appear that said person, firm or corporation is a proper person, firm or corporation to be so licensed, that the location and arrangement of the proposed place where said business- is to be conducted is satisfactory, the Council may grant said permit and license, otherwise it shall .reject and deny the same . (765) S . 5334 Regulations : For Police regulation and proper supervision all businesses where games of billiards , pool or other indoor games are the primary source of . income , they shall be open to the public and conducted in a single room without partition. -The main entrance or vestibule into said pool or billiard hall .or room shall have glass panel doors , and said doors shall at all times be clear, unglazed and unobstructed so that all parts of said room will. be open to the public view. At least 50 percent of the square footage of the building front open to the public shall be clear, clean glass which would make the interior of the game room visible from the public street, or walkway. (765, 1311) So 5334 . 1 Minors . No person operating .any. business regulated by Article 533 shall allow any minor under age of twenty-one (21) years to be or remain in any room accessible from, or in which such business is carried on if .any alcoholic beverages are consumed, dispensed or sold on the same premises . (1311) S . 5334 . 2 Card Games , No card tables or games of cards whether played Tor pleasure or for chance shall be allowed, permitted or carried on in any room in which any of the above businesses shall be conducted or in any room accessible therefrom. (765) S . 5334 .3 Gambling Bookmaking - Pool Selling Etc . : It shall be unlawful for any person, firm or corporation owning, operating or managing any business regulated by Article 533 to permit or allow any person or persons to violate any of the provisions of Chapter 53 of the HuntingtonBeach Ordinance Code, of Chapters 9, 10 and 10. 5 of the Penal Code of the State of California while in or on the premises of such business . (765) WELFARE MORALS S . 5334 ,4 S . 5334.4 Permit Posted in Conspicuous Place : It shall be unlawful for any person, firm or corporation to operate or conduct any business regulated by Article 533 for any period of time whatsoever without first having a Council permit and a current and valid City license posted in a prominent and conspicuous place on the premises . (765) S . 5334, 5 Hours of Business ; All billiard and pool room businesses at which alcohol is consumed, dispensed, or sold shall be closed between the hours of 2:00 A.M., and 6 :00 A.M, All other billiard and pool room businesses shall be closed between the hours of 12: 30 A.M. and 6 ;30 A.M. It shall be a violation of this section for any person except the owner , manager, or janitor to be upon the premises during the closed hours . (765, 1311) S . 5334.6 Exception. Bowling. Recreation Center : Whenever a pool and/or billiard room is operated in conjunction with a bowling center and• a part -of the bowling center operation, Section 5334. 1 hereof pertaining to minors and Section 5334. 5 hereof pertaining to hours of business , shall not apply to such pool and/or billiard room, provided, however, that no person under the age of eighteen (18) years shall be permitted to be or allowed to remain in such pool and/or billiard -room, unless said minor is accompanied by a parent, guardian or responsible adult. (854) S . 5335 Revocation of Permit: In addition to the penalties provided for any violation of Article 533; the Council may revoke , or may instruct the Chief of Police to revokes any permit or license issued for the conduct of said business for violations of any of the provisions of said Article . (765) S . 5335. 1 Appeal - Subsequent to revocation of a permit or license. under the provisions of Section 5335, the permittee or licensee may petition the City Council for a public hearing by filing a written request with the City Clerk within ten (10) days after revocation. (765) S , 5336 Penalty: Any person violating any provision of this Ordinance shall be deemed guilty of a misdeameanor and upon conviction thereof shall be punishable by a fine of not to exceed Five Hundred Dollars ($500. 00) or by imprisonment in the City or County _Jail for a period of not to exceed six (6) months , or by both such fines and imprisonment. Each separate day, or any portion thereof, during which any violation of Article 533 occurs or continues shall be deemed to constitute a separate violation hereof, and a separate offense hereunder, and upon conviction therefor , each such violation shall be punishable as herein provided. (765) S . 5341 MORALS WELFARE ARTICLE 534 FORTUNE TELLING - PROHIBITED (1178) S . 5341 Fortune Telling, Etc . Prohibited. No person shall carry on, practice or profess to practice the business or art of astrology, palmistry, phrenology, life-reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, spirit photography, spirit writing, spirit voices , spirit materialization, ethereal'ization, prophecy, augury, divination, magic , necromancy, character reading, or fortune telling by handwriting analysis , or other similar business or art, and demand or receive directly or indirectly, a fee, gift, donation, or reward for the exercise or exhibition. S . 5342 Same . Teaching. No person shall teach or give instruction in astrology, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, spirit writing, spirit voices , spirit material- ization, etherealization„ prophecy, augury, divination, magic, necromancy, or other similar business or art and demand, ask or receive directly or indirectly, a gift, fee, donation or reward for such teaching or instruction. S . 5343 Penalty. Any person violating any provision of this ordinance shall be deemed guilty of a misdeameanor and upon conviction thereof shall be punishable by a fine of not to exceed Five Hundred Dollars ($500. 00) or by imprisonment in the City or County Jail for a period of not to exceed six (6) months , or by both such fine and imprisonment. I i WELFARE MORALS S . 5350 ARTICLE 535 INDECENT EXPOSURE OF TOPLESS & BOTTOMLESS WAITRESSES & PERFORMERS ( ib35-2/71) 5350 LEGISLATIVE AUTHORIZATION. This ordinance is adopted pursu- ant . to Sections 31 .5. and 318.6 of the Penal Code . All words used in this ordinance which also are used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective word used in the said Sections 318.5 and 318.6 of the Penal Code . S . 5351 DEFINITION. THEATER. As used in this ordinance and in Sections 31 .5 and 318.6 of the Penal Code, "theater" means a building, playhouse, room, hall or other place having .a permanent stage upon which movable scenery and. theatrical or vaudeville or similar performances are given, permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, whose primary function is to give such performances, and for which a city permit or license for a theater is in full force and effect. This definition does not supersede the provisions �of Section 5350 of this code . S . 5352 PROHIBITION. BOTTOMLESS . Every person is guilty of a mis- demeanor who: (a) Exposes his or her genitals, vulva, anus, pubic hair or cleft of the buttocks or employs any device or covering which is intended to simulate the genitals, vulva, anus, pubic hair or cleft of the buttocks while participating in any ' live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer, or (b) Permits, procures or assists any person to so expose himself or herself, or to employ any such device . S . 5353 PROHIBITION. TOPLESS WAITRESSES AND PERFORMERS . Every female . is guilty of a misdemeanor who while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer: (a) Exposes the nipple of either breast and/or that portion of either breast which contiguously surrounds the' nipple and which is of a different natural pigmentation than the main portion of either breast. (b) Employs any device of covering, which is intended to simulate such . _ portions of the breast, or (c) Wears any type of clothing so that any portion of such part of the breast may be observed . S . 5354 ACCESSORIES . Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this article . S . 5355 EXCEPTIONS . This ordinance does not apply to: (a) A theater, concert hall or similar establishment which is primarily devoted to theatrical performances . (b) Any act authorized or prohibited by any state statute . S . 5356 CONSTITUTIONALITY. If any provision or clause of this article or application thereof to any person or circum- stances is held invalid, such invalidity shall not` affect other pro- visions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable . S . 5357 PENALTY. A violation of this article is punishable by a fine not exceeding $500, or by imprisonment in the county jail for not exceeding six months or by both such fine and imprisonment . .WELFARE MINORS S . 5411 CHAPTER 54 MINORS ARTICLE 541„ CURFEW ARTICLE 541 CURFEW .S . 5411 Loitering of .Minors Prohibited. It is unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public streets , highways , roads , alleys , parks , public buildings , places of amusement and entertainment or vacant lots , between the hours of 10 P.M. and 5 A .M. of the following day, official City time . S . 5411 . 1 Exceptions . The provisions of Section 5411 do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custory of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. (480, 486) S . 54.12 Responsibility of Parents . It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of 16 years , to knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets , highways , roads , alleys , parks , playgrounds , or other public grounds , public places and public buildings , places of amusement and entertainment or vacant lots , between the hours of 10 P.M. and 5 A .M. of the following day, official City time . S . 5412. 1 Exceptions . The provisions of Section 5412 do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other person having the care and custody of the minor. S . 5413 Lack of Knowledge of Violation. It shall not constitute a defense hereto that such parent, guardian or other person having the care and custody of a minor did not have knowledge of the presence of said minor in or upon any street, alley, public places , vacant lots , or in violation of Section 5411. (480) S . 5414 MINORS WELFARE S . 5414 Enforcement . Every 'law enforcement officer is hereby authorized and empowered to demand from any person whom he has reasonable cause to believe comes within the provisions of this Article and who is found loitering, idling, wandering, strolling or playing . in or upon the public streets , highways , roads , alleys , parks , playgrounds or other public grounds , public places , public buildings , places of amusement and entertainment, vacant , . lots or other unsupervised places , without his or her parents , guardian or other adult person having the care and custody of such person, between the hours of 10 P.M. and 5 A.M. of the ~following day, that -such person give his name, address and parents ' names , and furnish proof of his or her age or proof that he or she is upon an emergency errand or legitimate business directed by his or her parents , guardian or other adult person having the care and custody of such person. (480) S . 54.15 Taking -.into Custody. Upon the failure of :such person to give or furnish any or all of said information, any such officer is hereby authorized and empowered to take such person .into custody and take him or her to his or her home, or communicate with his or her parents , guardian or other adult person having the care and custody of .such person and demand the information herein= above required to be given. (480) S . 5416 Requiring Parents to Take Minor Home. If such person so taken into custody is a person coming within the pro- visions of this Article, any such law enforcement officer is hereby authorized and empowered to demand of the parents , guardian or other adult person having the care and custody of such minor that they take such minor to his or her home . (480) S . 5417 Noncooperation by Parents . The failure of any such parent, guardian or other adult person having the care and custody of such minor to furnish the information hereinabove required or to take such minor home when so demanded by any such law enforcement officer is a misdemeanor. (480) S . 54.18 Penalties . Any minor violating the provisions of Sections 5411 and 5414 shall be -guilty of misdemeanor and shall be dealt with in accordance with .Juvenile law and procedure . (480) (State Law as to Jurisdiction of Juvenile Court over Any Minor who Violates Any Ordinance .- See Welfare and Institutions Code, S . 700 (m) . ) WELFARE' NUISANCES S . 5511. CHAPTER 55 NUISANCES ARTICLE 551. WEEDS 552. OIL WASTE 553 • SOLICITORS, PEDDLERS AND TRANSIENT VENDORS 554. NOISES 555. STANDING WATER - FENCES 556. INOPERABLE VEHICLES 557. MOTORCYCLES & MOTOR-DRIVEN CYCLES 558. RUBBISH ABATEMENT ARTICLE 551 WEEDS S . 5511 REMOVAL OF WEEDS REQUIRED . All person owning any real property .in this City are hereby required to keep said property free from weeds , whose seeds are of a winged or downy nature and are spread by the winds . (84) S . 5512 WEEDS ARE NUISANCE . Any such weeds on any such real property in thie City are hereby declared to be a nuisance . (84) S . 551 NOTICE OF OWNER TO REMOVE WEEDS . It shall be the duty of Ehe Superintendent of Streets to notify, in the man- ner hereinafter provided, the occupants and owners of any premises in this City to eradicate and remove, within ten (10) days from the receipt of such notice, all weeds whose seeds are of a winged or downy nature and are spread by the winds, from the property they own or occupy in this City, and that upon failure to do so within ten days , this City will cause the said weeds to be re- moved at the expense of said owner. S . 5513 . 1 Form. Service of Notice . Such notice shall be given in writing, by serving personally upon the occupant (if there be any occupant) and upon the owner, each a copy of such notice , directed to the owner, or if the owner be a non-resident of the City of Huntington Beach, by serving the occupant (if any) personally, and by mailing by registered mail, a like copy in writing to the owner at his last known address as shown by the last assessment of the said City of Huntington Beach, if said address appears thereon, or if no address appears thereon the same shall be addressed to him at the City of. Huntington Beach, or if' there be no occupant, by posting a copy of the notice in a conspicuous place , upon each lot or legal subdivision of the said premises and serving a copy upon the owner as herein- after provided . (K S . 55143 DELINQUENCY OF OWNER: REPORT TO COUNCIL. At the ex- piration of ten days from the sending or serving of the said notice, if the said weeds are not removed from the said property, the Superintendent of Streets shall thereupon report the said delinquency to the Council with an estimate of the prob- able cost of doing the work. (84) , S . 5514. 1 NUISANCES WELFARE S . 5514. 1 Ordering of Work by City. The Council must then order he Superintendent of S reets to do the . same work, at the expense of the owner of said property, and provide for temporary payment of the same with City funds . Q . 5514.2 Extension of Time . The Council may, in its discretiont extend the time within which the work must be done . (84) S . 5515 STATEMENT OF PROCEEDINGS: Contents . At the comple- tion of the work, the Superintendent of Streets must prepare a statement of the proceedings , reciting 'the existence of the nuisance, the description of the property, the names of the owners and occupants, if known, the giving of the notice, the hear- ing by the Council, the making of the order by the Council, the doing of the work and the cost thereof. S . 5515. 1 Authentication: Filing . Such statement must be signed and verified by the Superintendent of Streets , and filed in his office . S . 5515 .2 Collection from Owner . The Superintendent of Streets shall then collect the said amount from the owner or owners of the said property by suit or otherwise, making the said charge a lien upon the said property by attachment; or other levy. (84) S . 5516 PENALTY. Any person failing to clear his said prop- erty from said weeds after notice as provided in this Article , shall be subject to a penalty of Ten Dollars ($10.00) in addition to the cost of cleaning said property; and the Superinten- dent of Streets shall cause suit to be brought in any court of com- petent jurisdiction to collect the same . S . 5516 . 1 Criminal Prosecution. The collection of said penalty shall not be a bar To criminal prosecution for the same offense . (84) S . 5517 MISDEMEANORS . Failure to keep said property free from he said weeds as provided in Section 5511 shall be a violation of this Article, and is hereby declared to be a misde- meanor; and for every lot so overgrown with weeds as set forth in Section 5511 and not cleaned after notice as herein provided in Section 5513 and 5513 . 1 there shall be counted a separate violation of this Article, and that or any other violation of this Article shall constitute a misdemeanor. (84) WELFARE . NUISANCES So 5521 ARTICLE 552 OIL WASTE S , 5521 Releasing of Fluids . . No ,person shall deposit,_ place_, discharge or cause to .be .placed, deposited or discharged any oil, na_ptha, ..petroleum_ , asphaltum, tar, hydrocarbon substances , or any.-kindred substances or any water mixed with �any such substances or any refuse from any oil well or the contents of any sump hole or other container -used in connection .with .an oil well -in, into upon .storm drain, ditch, sewer -or -sanitary drain or -sewer or - into any portion of the Pacific -Ocean within this City or upon any private 'property.-in this City, - in .such,-a manner that the same -will run :into or upon any -irrigating ditch or -storm drain or -sanitary drain or sewer of this City, (241) ARTICLE 553 SOLICITORS , PEDDLERS AND TRANSIENT VENDORS So 5531 Soliciting on :Private Propertya Nuisance : The practice of going , in -and upon _private residences in the City of Huntington Beach, California, by solicitors,, peddlers , hawkers , itinerant merchants and transient vendors of merchandise_, not having been requested or invited so to do by the owner of owners, occupant or occupants of -said .private residences , for -the purpose of soliciting orders for the ,sale of goods , commercial services_, wares and merchan- dise , and/or for the-purpose of disposing of and/or -peddling-, or hawking same, is hereby declared to be a nuisance and punishable as such as a misdemeanor, (851, 1023) � S , 5531. 1 Any person convicted of a violation of this Ordinance shall be fined a sum not exceeding -Five Hundred Dollars ($500e00) , ;or -confined for -not more than six months in the City or County Jail, or both fined and. imprisoned at -the discretion of the Court. (851) S . 5540 NUISANCES WELFARE ARTICLE 554 NOISES (1006 , 1072) S . 5540 Declaration of Necessity. It is found and declared that; (a) The making and creation of loud, unnecessary or unusual noises : within the limits of the City of' Huntington Beech is a condition .which has existed for some time and the extent and volume of such noise is increasing. (b) The making, creation or maintenance of such loud unnecessary, unnatural or unusual noises which are prolonged, unusual .and unnatural in their time, place and use effect are a detriment to -public health, comfort , convenience, safety., welfare and prosperity of the -residents of the City of Huntington Beach; and (c) The necessity in the public interest for the provisions and prohibitions hereinafter -contained and enacted is declared as , a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in _pursuance of and for the -purpose of securing and promoting the -public health, com- fort, convenience, safety, welfare and the peace and quiet of the City of Huntington Beach and its inhabitants . ..S . 5541 Noises Prohibited; It shall be unlawful. for any person to make, continue , cause, or allow to be: made or con- tinued, any loud, unnecessary, or unusual noise or any noise which annoys , disturbs , injures , or endangers the comfort_, repose , health, peace or •safety of others within the limits of the City and the following acts and things , among others , are declared to be loud, disturbing, injurious and unnecessary -noises in M_olation of this part but said enumerations shall not be deemed to be exclusive, namely: (a) -Horns , Signaling Devices, Etc . The sounding of any horn or signaling device on any automobile , motorcycle , street car or other vehicle on �any street or public -place of the City, except as a danger warning; the creation, by means of any such signal- ing device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary and unreasonable period of time . WELFARE NUISANCES S . 5541 (b) (b) Radios , Phonographs , Etc. The using, operating, or permitting to be played, used or operated any radio, receiving set, tele- vision set, musical instrument, phonograph, juke box, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary or convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto . The operation of any such set, instrument, phonograph, machine or device between the hours of eleven o'clock P.M. and seven o'clock A.M. in such manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. J (c) Loud Speakers, Amplifiers , Etc. , Upon Public Streets . The using, operating or permitting to be played, used or operated of any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public street which sound emits more than ten (10) decibels of sound over the otherwise average level of sound measured at a distance of fifty (50) feet from the source of the sound is a nuisance . (1354) (e) Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing on the public streets particularly between the hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in dwelling, hotel, or other type of residence , or any persons in the vicinity. (f) Animals, Bird, Etc. The keeping of any aminal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. (g) Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice "of time to begin or stop work or as a -warning of fire or danger, or upon request of proper city authorities . (h) Exhausts. The discharge into the open air of the exhaust of any steam engine, internal combustion engine stationary or mounted on wheels to run on rails or otherwise , motorboat, or motor vehicle through a muffler or other device which will result in loud or explosive noises therefrom. (i) Defect in Vehicle or Load. The use of any automobile, motor- cycle, or vehicle so out of repair, so loaded or in such manner as to create load and unnecessary grating, grinding, rattlings or other noises . S . 5541 (j ) NUISANCES WELFARE (j ) Loading, Unloading, Opening Boxes . The creation of loud and explosive noise in connection with loading or unloading any vehicle or the opening and destruction of bales , boxes , crates and containers . (k) Construction or Repairing of Buildings . The erection (includ- ing excavating) , demolition, alteration or repair of any building other than between the hours of 7 :00 A .M. and 6 :00 P.M. on week days , except in case of urgent necessity in the interest_ of public health and safety and then only with a permit from the Building Inspector, which permit may'-be granted for a period not to exceed three (3) days or less while the emergency con- tinues and which permit may be renewed for periods of three days or less while the emergency continues . If' the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 600 P.M. and 8:00 A.M. and if he shall further determine that loss or inconvenienc.2 would result to any part in interest, he may grant permission for such work to be done within the hours of 6 :00, P.M. and 7:0.0 A.M. upon application being made at the time the permit for work is . awarded or during the progress of the work. (1) Schools , Courts , Churches , Hospitals. The creation of any excessive noise on any street adjacent to any school institu- tion of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such' institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (m) Hawkers , 'Peddlers . The shouting and crying of peddlers , hawkers and vendors which disturbs the peace and quiet of the neighborhood. (n) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. (c) Metal Rails , Pillars and Columns . Transportation Thereof. The transportation of rails , pillars , or columns of iron, steel or other material, over and along streets and other public places upon carts, drays , cars , trucks , or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of j such streets or other public places . (p) Street Railway Cars. Operation Thereof. The causing, permitting or continuing any excessive, unnecessary and avoidable noise in the operation of a street railway car. 1 WELFARE NUISANCES S . 5541 (q) t (q) : Pile Drivers , Hammers , Etc. The operation between the hours of .6000 P.M. and 7 :00 A.M. of any pile driver, steam or gasoline shovel, pneumatic hammer, derrick, steam or electirc hoist or other appliance, the use of which is -attended by -loud or un- usual noise, (r) ..Blowers . The operation of- any noise-creating blower, power fan or -any internal combustion engine, the-operation of which causes noise due ,to the explosion of, operating :gases or fluids, unless the noise from such blower or fan . is muffled and- such engine is equipped with a muffler device, . sufficient to deaden such noise, (s) - C.2aressor, : Fans , Etc. The use of- any electrically.-operated compressor, fan, . or other device between the hours .of 6 :00 o°clock-P.M. and 7s00 o'clock A.M. in such .a :manner -..as to pro- duce .noise or -vibration 4o.-as to ;annoy or disturb , the -quiet, comfort, cr repose -of -persons in the area or neighborhood. (t) Sand._and Gravel, Removal. No person _shall excavate or remove any sand or gravel from any residence lot or property within the City, unless a permit shall .first have -been .granted- by the Council for such excavation. _ S., 5542 Penalty,- Any person violating any provision- of this ordinance shall be guilty of a misdemeanor and upon con- viction thereof shall be -punished -by a fine -of .not more than Five Hundred Dollars ($500,00) or by imprisonment in the City or County Jail for a-..period of not more than six (6) month, . or -by such .fine ..and WELFARE NUISANCES S . 5551 ARTICLE 555 STANDING WATER - FENCES So 5551 STANDING WATER o FENCES * Every person :in possession of- land within the City, either as owner, purchaser under a contract, lessee, tenant or licensee, upon which is situated standing water which may have accumulated by natural or other means , which standing water shall, in the opinion of the City Health Officer of the City Building Director be an attractive nuisance to children by reason of the location, depth, condition, soil factor, and accessibility to children shall cause said nuisance to be abated, or in the alternative , erect a five (5) foot fence completely around said body of water and if any gates are located within the fence, all gates shall at all times be securely closed and locked. So 5552 NOTICE. The City Health Officer or Building Director shall .give notice of said standing water to the person or persons in possession thereof and require them to comply within thirty (30) days and if there is not compliance , said officer shall cause a citation or complaint to be issued. S . 5553 PENALTY. Violation of this ordinance shall be punishable as a misdemeanor. WELFARE NUISANCES S . 5560 ARTICLE 556 INOPERABLE VEHICLES (1393, 1449) S . 5560 Intent and Purpose . The intent and purpose of this article is to accomplish the removal of inoperable vehicles from public and private properties throughout the City of Huntington Beach, except as specified in Sections 5561.1 and 5561. 2 of this article . S . 5560. 1 Definitions . For the purpose of this article , the following words and phrases shall have the meanings hereafter set forth unless a different meaning is clearly intended from the context in which such word or phrase is used. Any word or phrase not herein defined shall have the meaning attributed to it in ordinary usage . S . 5560. 2 "Highway" means a way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. . S . 5560.3 "Inoperable vehicle" means any vehicle which does not qualify to be operated upon a highway under the Vehicle Code of the State of California. S . 5560.4. "Public Property" does not include highway. S . 5560.5 "Vehicle" means a device by which any person or -property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon a stationary rails or tracks . S . 5561 This Article shall not apply to: S . 5561. 1 A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or S . 5561. 2 A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise . Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division II of the Vehicle Code and this Article . S . 5562 Not Exclusive Regulation. This Article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Huntington Beach. It shall supplement and be in addition to the other regulatory codes , statutes , and ordinances heretofore or hereafter enacted by the City of Huntington Beach, the State, or any other legal entity or agency having jurisdiction. Se 5563 NUISANCES WELFARE So 5563 "Enforcement". Except as otherwise provided herein, the provisions of this article shall be administered and en- forced by the Chief of Police or the Director of Building and Safety. In the enforcement of this article , such officers and their deputies may enter upon private or public property to examine a vehicle or part thereof, or obtain information as to the identity of the vehicle and to remove or cause removal of a vehicle or part thereof declared to be a nuisance pursuant to this article . So 5563 . 1 When the City Council has contracted with or 'granted a franchise to any person or persons , such pers.on or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Article. SD 5563 . 2 The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual costs of removal of any vehicle or part thereof) under this article . Sa 5564 Hearing: A public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to deter- mine ownership. If any of the foregoing notices are returned undeliver- ed by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return. Se 5564.1 Notice . Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing. Se 5564. 2 Facts and Testimony. All hearings under this Article shall be held before the City Council which shall hear all facts and testimony it deems. _pertinente Said- facts and testimony may include testimony on the condition of the vehicle or part thereof and the cir- cumstances concerning its location on the said private property or public property. The City Council shall not be limited by the technical rules of evidence . The owner of the land on which the vehicle is located may appear in person, or through an agent, at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial° WELPARE p NUISANCES S. 5'564.5 So 5564.3 Conditions . The City Council may impose such conditions and take such other action as-. it deems appropriate under the circumstances to carry out the -purpose of this Article, It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify. it. At the conclusion of the public hearing, the City Council may find that a vehicle or . part there® of 'has been abandoned, wrecked, dismantled, or- is- inoperative on .pri- vate or . public. property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and deter- mine ' the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle .or. part thereof is located. The order -requiring removal shall include a description of the vehicle or part thereof and the correct identifim cation number and license number of the vehicle , if available at the • site , So 5564.4 If it is determined at the hearing . that. the vehicle was placed on .the .land without the consent of the land owner and that he has not subsequently acquiesced in its presence, . the City Council shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner. So 5564.5 If an interested party. makes a written presentation to the City Council but does not appear, he shall be notified in ,writing of the decision, :.S . 5565 Removal, Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance and five days from the date of mailing of notice of the decision if such notice is required by this article, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler°s yard. After a vehicle has been removed- it shall not thereafter be reconstructed or made operable . S — 556501 D,M.V, . Notification. Within five days after the date of . removal of the vehicle or part thereof, notice shall be given to the - Department of Motor Vehicles identifying the vehicle or - part thereof removed. At the same time there shall be transmitted to -the Department of Motor Vehicles any evidence of registration available, including registration certificates , certificates of title and license plates . S.. 5565. 2 Costs of Removal m A Lien on Property. If the administra- tive costs and the cost of removal .which are charged against the owner of a parcel of land pursuant to this article are not paid within 30 days of the date of the order, or the final dispo4ition .of an appeal therefrom, such costs shall be assessed against the parcel of la nd pursuant to Section 38773.5 of the Government Code and shall be transmitted_ to the tax collector for collection. Said assessment shall have the same priority as other city taxes . 5 . . 5566 NUISANCES WELFARE ,So 5566 Penaltye It.-shall be •unlawful .and a misdemeanor for any . person to abandon, . park, store, or leave or-permit the abandonment, parking, storing .or leaving .of any licensed or unlicensed - vehicle or -part thereof -which- is in an abandoned, wrecked, dismantled or inoperative condition upon any -private property or -public -property not irpcluding highways within the City -for -a:-period -in excess of ten days unless such vehicle or part thereof is completely enclosed within .a building in a lawful manner -where . it .is not plainly -visible - from the street or other-public or -private: property, or unless such vehicle is stored or=parked in a=lawful manner -on -private property in ---connection •.with the business of a licensed dismantler, licensed vehicle dealer or -a junkyard. . S . 5566 A It shall be unlawful and a misdemeanor for any person 'to fail or refuse to -remove -an .abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to=111bate such nuisance when ordered to do so in accordance •with �the :abatement. provisions of this article or State.- law where such State law is applicable. S . 5567 Severability. If any section, sub-section, sentence, clause, phrase, or -portion of this ordinance is for any reason held - to be-invalid or -unconstitutional by ,the decision of any court of i competent jurisdiction, such decision - shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby.. declares that. it .would have adopted this ordinance.:-and each _section, sub-section,, sentence, clause, phrase, ors--portion thereof, irrespect*ve of the fact that :any one :or more sections, sub- sections , clauses , ' phrases or -portions be declared, invalid or uncon- stitutional. WELFARE NUISANCES S . 5570 ARTICLE 557 MOTORCYCLES AND MOTOR-DRIVEN CYCLES 7- 0 S . .5570 SCOPE AND PURPOSE. The City Council of the City of Huntingtor Beach finds that the. operation of. licensed and unlicensed. motorcycles and motor-drive cycles on •unimproved private property and. on public parkways, sidewalks, parklands, beaches and other public prop- erty (except public streets and highways ) in the City of Huntington Beach creates excessive amounts of irritating dust, fumes, noise, erosion and. fire .danger, and constitutes , a public nuisance to the residents of Huntington Beach. This ordinance is designed to regulate the operation of registered and unregistered motorcycles and motor-driven cycles by all persons, whether they possess a valid. California- motor vehicle operator's license or not, upon unimproved private property and. upon all public property except public streets and highways in the City of Huntington Beach. S . 5571 DEFINITIONS. (a) Motorcycle . A "motorcycle" is any motor vehicle other than a tractor having a seat or sad.d.le for the use of -the rider and de- signed to travel on not more. than three wheels in contact with the ground and weighing less than one thousand five hundred .pounds . (b) Motor-driven cycle . A "motor-driven cycle" is any motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower, and every bicycle with motor attached.. (c) Highways . "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. (d) - Unimproved private property. . "Unimproved private property" shall mean any parcel of land. which either contains no structures or which is not surfaced. with cement, concrete, asphaltic concrete, or other similar material, or which does not have a hard. surface made up of a mixture of rock, sand. or gravel bound together with a chemical or mineral substance other than natural soil. S . 5572 PROHIBITED OPERATIONS . (a) No person shall operate a motorcycle or motor-driven cycle other than a publicly-owned motorcycle or motor-d.rive cycle, upon any public sidewalk, walkway, parkway or in any public park or recreational area or upon any other publicly-owned property, except highways, within the City of Huntington Beach. This shall not be construed to prohibit the operation of a. motorcycle or motor- d.riven cycle having a valid California vehicle registration by any .person possessing a valid. California operator' s license upon the public highways in the City of Huntington Beach. S . 5572 (b) NUISANCES WELFARE (b) No person shall operate a motorcycle or motor-driven cycle, other than a publicly-owned motorcycle or motor-d.riven cycle, upon any unimproved parcel of real property within the City of Huntington Beach, except as set forth in Section 5573 below. S . 5573 EXCEPTIONS . Any person desiring to operate a motor-cycle or moToor-driven cycle, and any owner of private property desiring to allow a person or persons to operate a motorcycle or motor- driven cycle on his private property, may do so upon first obtaining a permit from the Chief of Police of the City of Huntington Beach. Permits shall be issued upon his determination that (a) the owner or owners of said real property concerned, or the person or persons in lawful possession thereof, have . consented in _writing to the proposed operation, and (b) that the City Fire .Chief has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle and its proposed operation or by reason of the nature of the property concerned, and (c) that such operation is of sufficient distance from occupied residences, churches, assembly halls or schools, as not likely to constitute a noise, dust or fumes nuisance . Any owner of property meeting the requirements of this section, or his agent, may in writing, authorize the Chief of Police to issue per- mits -for the operation of motorcycles or motor-driven cycles on his property. Such authorization is to 'be in the form prescribed by the Chief of Police and. must describe the real property. and. may limit the authority to the persons set forth in said. authorization. Any change of interest in ownership in the real property shall -be deemed an auto- matic revocation of such authorization. All persons holding a title interest in and. to a parcel of real property must join in said author- ization. S . 5574 CONTENTS OF PERMIT. (a) Name, birthdate and physical description of the permittee . (b) A statement that permittee shall not operate or cause to be operated a motorcycle or motor-driven cycle on any real property except the real property set forth in the permit by description. (c) A statement of the hours that the permit authorizes operation of the motorcycle or motor-driven cycle . (d) A statement that said permit shall be carried by permittee at all times that he is .operating a motorcycle or motor-driven cycle on public or private property as defined in this article and that the permit shall be exhibited. to any police officer upon demand.. (e) The date of expiration of the permit in no event to exceed one year, unless sooner revoked or suspend.ed . (f) A statement that the permit is not an expression by the City that the proposed operation can be done with safety to the permittee or other persons or property, all of which risks are assumed by permittee or property owner. WELFARE NUISANCES S . 5575 55 5 APPi-',AJ.1. Any applicant refused a permit may appeal such refur,al to the City Council . b,y filing an appeal in writing, csE,tt:i.rig forth the grotandr . • 5W5. 1 . Pevocation or Su.-.pension. Any permit issued hereunder is :;ub ec o ;u.,pens on or revocation by the City Council, after notice to the permittee and public hearing, on any of the follow- ing :,rounds: (a.) The owner or agent of the real property has withdrawn his consent . (b) Conditions concerning the real property covered by the permit have changed so that conditions exist which would be grounds for refusal to issue the permit . (c) Permittee has violated any of the terms or. conditions of the pe r- mit or any law while on private or public property pursuant to permit issued herein. S . 5576 VIOLATIONS - PENALTIES . Any person violating any of the provisions of this ordinance shall be deemed guilty of a mi:,demeanor and upon conviction thereof shall be subject to. a fine of not less than twenty-five dollars ($25 .00) but not exceeding one hundred dollars ($100.00) , or imprisonment for a period not to exceed thirty ( 0) days, or by both said fine and imprisonment . S . 5577 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the ordinance . The City Council of the City of Hunting- ton Beach hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections , sentences , clauses or phrases may be declared invalid or unconstitutiona WELFARE NUISANCES S . 5580 ARTICLE 558 RUBBISH ABATEMENT S . 5580 REMOVAL OF ACCUMULATION OF TRASH, JUNK DEBRIS, RUBBISH OR REFUSE REQUIRED. . .Every owner and occupant of real — property shall keep said property .free of any accumulation of trash, junk, debris , rubbish, or refuse . S . 5581 ACCUMULATION OF TRASH, JUNK, DEBRIS, RUBBISH, OR REFUSE DECLARED A NUISANCE. Any accumulation of trash, junk, debris, rubbish or refuse on any real property in this City, unless otherwise permitted by law, is hereby declared to be a nuisance . S . 5582 NOTICE TO OWNER TO REMOVE TRASH JUNK DEBRIS, RUBBISH, OR REFUSE . It shall be the duty of the Director of Building and Safety Eo notify, in the manner hereinafter provided, the occupant and owner of any real property in this City to eradicate, remove and abate, within ten (10) days from the giving of such notice, any accumulation of trash, junk, debris , rubbish, or refuse from such real property, and that upon failure to do so within such ten (10) days , this city will cause the said trash, junk, debris, rubbish, or refuse to be removed and abated, and that the cost of such removal and abatement . will be made a special assessment against that property, to be collected . at the same time and in the same manner and subject to the same penalties as municipal taxes . S . 5582. 1 Form. Service of Notice . Such notice shall be given in writing, by serving personally upon any occupant and upon the owner of any real property, each a copy of such notice, directed to the owner, or if the owner be a nonresident of the City of Huntington Beach, by serving any occupant personally, and by mailing by registered mail, a like copy in writing to the owner at his last known address as shown by the last assessment of the tax assessor of Orange County. If said address appears thereon, of if no address appears thereon, the same shall be addressed to him at the City of Huntington Beach, and if there be no such address or occupant, by posting a copy of the notice in a conspicuous place, upon each lot or legal subdivision of the said property, and serving a copy upon the owner as herein- after provided . S . 558? DELINQUENCY. REPORT TO CITY COUNCIL HEARING. At the date and time so set by the notice, if the said accum- ulation of trash, junk, debris , rubbish, or refuse is not removed from the said property, the Director of Building and Safety shall thereupon report the said delinquency to the City Council with an estimate of the probable cost of doing the work. Such matters shall be set for hearing before the City Council and not less than ten (10) days notice of such hearing shall be given to the occupant and owner of such real property in the manner provided by Section 5582. 1 of this article . 55811. NUISANCES WE LFA RE 0.1', W())A'K. The, City public hearing, . upon a ol' Uie exi s t e.i,) 0" any accumulation not otherwise perm]LtLed by law of trash, junk., debris , rubbish., or refuse , shall order the Director of Building and Safety to do said work, at the expense of the owner of said property, and provide for temporary payment of the same with city JS S . 5584. 1 Extension of Time . The City Council may, in its discretion, extend the time within which the work must be done . S . 5585 STATEMENT OF PROCEEDINGS . CONTENTS . At the com- pletion of the work, the Director of Building and Safety must prepare a statement of the proceedings , reciting the existence of the nuisance, the description of the property, the names of the owners and occupants, if known, the giving of the not- ices , the holding of the public hearing, the making of the order by the City Council, the doing of the work and the cost thereof. S . 5585 . 1 Authentication. Filing . Such statement must be signed and verified by the Director of Building and S'afety and filed with the City Council. S . 585.2 Collection From Owner. The City Council shall then assess such costs against the parcel of land pursuant to Section 38773.5 of the Government Code and shall cause the amount of such costs and assessment to be transmitted to the tax collector for collection. S . 5586 CRIMINAL PROSECUTION. The collection of said cost of abatement shall not be a bar to criminal pros- ecution for nuisance . S . 5587 MISDEMEANOR. Every occupant and owner of real prop- erty who maintains, allows, or permits any nuisance defined in this article after notice to abate as provided in this article, is guilty of a separate misdemeanor with respect to each day that said nuisance continues , after said notice on each lot or parcel on which said nuisance shall exist . Any violation of this article is punishable by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a period not exceeding six (6) months , or by both such fine and imprisonment . S . 5588 SEVERABILITY. If any provision or clause of this article or application thereof, or any amendment or revision thereto, to any person or circumstance is held invalid, such invalidity shall not affect other' provisions or applications of this article which can be given effect without the invalid pro- vision or application, or amendment or revision thereof, and to that end, the provisions of this article are declared to be sever- able . TRAFFIC DIVISION 6 DIVISION 6 TRAFFIC CHAPTER 60. GENERAL 61. OPERATION 62. STOPS AND YIELDS 63. PARKING 65. PARKING METERS 66. LOADING ZONES 67. BICYCLES 68. CABS 69. SELF PROPELLED WHEELCHAIRS OR INVALID TRICYCLES ON SIDEWALKS .S TRAFFIC GENERAL S . 6011 CHAPTER 60 GENERAL (1157) ARTICLE 601 . DEFINITIONS 602. ENFORCEMENT 603 . CONTROL DEVICES 604. TURNING MOVEMENTS 605. MISCELLANEOUS DRIVING RULES 606 . PEDESTRIAN REGULATIONS 607 . TRAINS 6o8 AIRPORTS ARTICLE 601 DEFINITIONS S . 6011 DEFINITIONS OF WORDS AND PHRASES . The following words and phrases when used in this ordinance shall for the purpose of this ordinance have the meanings respectively .ascribed to them in this article . S . 6011 . 1 Motor Vehicle Code Definitions to be Used. Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply. S . 6011. 2 Coach. Any motor bus , motor coach, trackless trolley, or passenger stage used as a common carrier of passengers . S . 6011 . 3 Council. 'The Council of the City of Huntington Beach. S . 6011 .4 Curb. The lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking stripes in the center of a street, nor from tracks or rights of way of public utility companies . S . 6011 . 5 Divisional Island. A raised island .located in the roadway and separating opposing or conflicting streams of traffic . S . 6011.6 Loading Zone . The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unload- ing of passengers or materials . S . 6011. 7 Official Time Standard. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city. S . 6011.8 GENERAL TRAFFIC S ._6011 .8 Parky�!y. That portion of a street other than a roadway or a sidewalk. S . 6011 . 9 _Parking Meter. A mechanical device installed within or upon the curb or sidewalk area , immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle .* S . 6011. 10 Passenger Loading Zone . The space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers . S . 6011. 1.1 Pedestrian. Any person afoot . S_ ._6011 . 12 Police Officer. Every officer- of the Police Department of this city or any offioer authorized to direct or regu- late traffic or to make arrests for violations of traffic regulations... S ._6011. 13 Slop. When required, means complete cessation of movement . S . 6011 . 14 Vehicle Code . The Vehicle Code of the State of California . TRAFFIC GENERAL S. 6021 ARTICLE 602 ENFORCEMENT S. 6021 Authority of Police and Fire Department Officials Officers of the Police Department and such officers as are assigned by the Chief of Police are hereby authorized to direct ' all traffic by voice , hand, audible or other signal in conformance ,with traffic laws , except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians , officers of the Police Department of members of the Fire Department may direct traffic as conditions may require, notwithstanding the provisions to the con- trary contained in this ordinance or the ..Vehicle Code. S. 6021.1 Persons Other than Officials Shall Not Direct Traffic. No person other than an officer of the Police Department or a person authorized by the Chief of Police or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal , except that persons may operate , when and as herein provided, any mechanical pushbutton signal erected by order of the Director of Public Works. S. 6021.2 Obedience to Police or Authorized Officers. No person shall fail or refuse to comply with or to perform any act forbidden by any lawful order , signal , or direction of a traffic or police officer , or a member of the Fire Department , or a person authorized by the Chief of Police or by law. S. 6021.3 Traffic Regulations Apply to Persons Riding Bicycles or Animals. Every person riding a bicycle or driving an animal upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance , except those provisions which by their very nature can have no application. S. 6021.4 Obstruction or Interference with Police or Authorized Officers. No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in their enforcement of the provisions of this ordinance. The re- moval, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking regulations of this ordinance , constitute such interference or obstruction. S. 6021.5 Public Employees to Obey Traffic Regulations. The pro- visions of this ordinance shall apply to the operator of any vehicle owned by or used in the service of the United States Government , this state , any county or city , and it shall be unlawful for any said operator to violate any of the provisions of this ordinance except as otherwise permitted in this ordinance or by the Vehicle Code. S. 6021.6 GENERAL TRAFFIC S. 6021.6 Exemption of Certain Vehicles. (a) The provisions of this ordinance regulating the operation, parking and standing of vehicles shall :not only .apply to vehicles operated by the Police or Fire- Department , any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call. (b) The foregoing exemptions shall not , however, relieve the opera- tor of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his willful disregard of the safety of others. (c) The provisions of this ordinance regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States Mail. S. 6021.7 Report of Damage to Certain Property. (a) . The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any, property publicly owned or owned by a public utility, including but not limited to any fire hydrant , parking meter , lighting post , telephone pole, electric light or power pole, or resulting in damage to any tree , traffic control device or other property of a like nature located in or along any street , shall within twenty-four (24) hours after such accident make a written report of such accident to the Police Department of this city. (b) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle or animal , the license number of every such vehicle, and shall briefly describe the property damage in such accident. (c) The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this section if and during the time he is physically incapable of making a report , but in such event he shall make a report as required in subdivision (a) within 24 hours after regaining ability to make such report. TRAFFIC GENERAL S . .6021.8 S. 6021.8 When Vehicles May Be Removed From Streets . Any regularly employed and salaried officer of the Police Department of this city may remove or cause to be removed : (a) Any vehicle that has been parked or - left standing upon a street or highway for 72 or more consecutive hours . (b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7 : 00 A .M. and 7 :00 P.M. when such parking or standing . is prohibited by ordinance or resolution of this city-- and signs are posted giving notice of such removal. (c) Any vehicle which is parked or left standing upon a .street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or -where the use of- the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or may removed are erected or placed at least twenty-four (24) hours prior to the removal. . S . 6022 Any provision of this ordinance which regulates traffic or delegates the regulation of traffic upon state highways . in any way for which the approval of the State Department of Public Works is required by state law, shall cease to be operative six months after , receipt by the City Council of written notice of withdrawal of approval of the State Department of Public Works . Whenever this ordinance delegates authority to a city officer, or authorizes action by the City Council to regulate traffic upon a state highway in any way which, by law, requires the prior approval of the State Department of Public Works , no such officer shall exercise such authority, nor shall such action by tho City' Council, be' effective:.with respect' to' any- state- highway without the prior approval, - in--writing'. 'of the State Department of Public' Works when and to the extent required by the State Vehicle Code . (1292) . S . 6031 GENERAL TRAFFIC .ARTICLE 603 CONTROL; DEVICES S . 6031 Authority to Install Traffic Control Devices . (a) The Director of Public Works shall have the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this ordinance . (b) Whenever the Vehicle Code requires , for the effectiveness of any -..provision thereof, that traffic control devices be installed to give notice to the public of the application of such law the Director of Public Works is hereby authorized to -install or cause to be installed the necessary devices subject to any limitations or restrictions set forth-in the law applicable thereto. (c) The Director of Public Works may also place and maintain or cause to place and maintain such .addtttgrrjt_ -'traffic control :devices as he may deem necessary-or`property to -regulate traffic or to guide or warn traffic , but he shall -make such determination only upon the basis of traffic engineering principals and traffic investiga- tions and in accordance with. such standards , limitations , and rules as may be set forth in this ordinance or as may be determined by ordinance or resolution of the Council. S . 6031. 1 Traffic Control Signs Required for Enforcement Purposes . No :provision of the Vehicle Code or of this ordinance for which signs are required shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws . - S . 6031. 2 Obedience to Traffic Control Devices . The -operator of any vehicle or train shall obey the instructions of any official traffic control device placed in accordance with this ordinance unless otherwise directed by a police officer or other authorized person subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls . S . 6031. 3 Installation of Traffic Signals . (a) The Director of Public Works is hereby directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. TRAFFIC GENERAL S. 6031.3 (b.) (b) The Director of Public Works shall ascertain and determine. the locat*bns where such signals are required by field inves- tigation, traffic counts and other traffic information as may be pertinent .and his determinations therefrom shall be made in accordance with -those traffic engineering and .safety standards and instructions set forth in the California Maintenance Manual issued by the Division of Highways of the State Department of Public Works. (c) Whenever the Director of Public Works installs and maintains an official signal at :any intersection. he shall- likewise erect and maintain. at such . intersection :street ,name signs clearly visible to traffic approaching from all directions unless such street name signs have previously-been.-placed and are maintained at any such 'in.ter-section. S. 6031.4 Lane . Markin . The Director of Public Works is authorized hereby .o :mark center lines and lane lines. upon the surface -of.-the -roadway to indicate the course to be traveled ,by vehicles `:&nd .may place signs temporarily designating lanes to be used by traffic moving in -a particular. direetion, regardless of the center line of the `.highiray. S. 6031.5 Distinct"ive Roadwax Markings. The Director of Public Works is authorize authorited to place and maintain distinctive roadway markings _as described in the Vehicle- Code on those streets or parts of =streets _.where � the volume of'. traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the. left side-of such markings or signs and markings. Such marking or signs and marking. shall have the same effect as similar markings placed by ahe` State Department of Public Works pursuant to provisions of the Vehicle Code, S.. 6031.E AixthoritX to Remove Relocate and Discontinue Traffi on rol Devices. he Director of Public Works is hereby authorized ' o remove, relocate or discontinue the operation . of any-traffic -control device not specifically required bythe Vehicle Code or this ordinance whenever . he shall determine in any particular case that the- conditions which warranted or required the installation no longer exist or obtain. S. 6031.7 Traffic Control Devices : Hours of Operation. The Director of Public Works s all determine the hours and days during which any traffic control device shall be in opera- tion or be in effect, except in those cases where such hours or days are specified in this ordinance. S;. 6031.8 Unauthorized` Paintin$ of Curbs. No person, unless au horized. by this City, shall paint any street or curb: surface:; provided, :. however, that -this -section shall. not apply to the painting of numbers on a curb .surface by any . person who has complied with the provisions of . any resolution . or ordinance of this city pertaining thereto. S. 6041 GENERAL TRAFFIC ARTICLE 604 TURNING MOVEMENTS S. 6041 Authority to Place Turning Markers. Intersections'. The Director of Public Works is authorized 'to place official traffic control devices within or adja6ent'. to intersections and indicating the course to be traveled by vehicles turning- at such intersections and the Director of Public Works- is authorized to locate and indicate more. than one lane of traffic from which drivers of vehicles may make right or left hand turns';_ and; the. course to be traveled as so indicated may conform t_o. or be other than as .prescribed by. law or ordinance. S.. 6041.1 Authority to Place Restricted Turn Sig.ns.' The' Director of Public Works is hereby authorized to det'ermine' those ' intersecti.ons .at which drivers of vehicles shall .not make a right , . left., ,-or U turn, and shall. place proper signs : at such intersections. The ,making' of such turns may be. prohibited between certain hours of any day and permitted at other hours-, in. which event the- same' shall be plainly indicated on the signs or they may be removed when' such turns are permitted. S. 6041.2 Signal Controlled Intersections - Right Turns. (a) No driver of a vehicle shall make a right turn against, a red or stop: signal at any intersection. which is signposted giving notice of such restriction as hereinafter provided' in this .section. (b). The Director of Public Works shall post appropriate signs giving effect to this section where he determines that the making of right turns against traffic signal "stop" ridication would seriously interfere with the safe and orderly flow of traffic. TRAFFIC GENERAL S. 6051 ARTICLE 605 MISCELLANEOUS DRIVING RULES S. 6051 Drivinx Through Funeral Precessions. No operator of any vehicle shall rive between the vehicles comprising a funeral procession or a parade, provided that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on 'any street over which such funeral procession or parade wishes to pass shall be subject to the orders of the Police Departme:it. S. 6051.1 Clinging to Moving Vehicle. No person shall attach him- self with his hands , or to catch on, or hold on to with his hands or by other means, to any moving vehicle or train for the purpose of receiving motive power therefrom. S.. 6051.2 Commercial Vehicles Using Private Driveways. No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited. For the purpose ox this section a commmercial vehicle shall mean a vehicle haying a rated capacity in excess of one-half ton. S. 6051.3 Riding or Driving on Sidewalk. No person shall ride , drive, propel , or cause to be propelled any vehicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided further, that said sidewalk area be substantially protected by wooden planks two inches thick, and written permission be previously obtained from the Director of Public Works. Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6:00 p.m. to 6:00 a.m. S. 6051.4 New Pavement and Markings. No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted markings in any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when any such device is in. place indicating that the street or any portion thereof is closed. S. 6051.5 GENERAL TRAFFIC S. 6051.5 Obedience to Barriers and Signs. No person, public utility or department in the City shall erect or place any barrier or sign on any street unless of a type approved by the Director of Public Works or disobey the instructions , remove , tamper with or destroy any harrier or sign lawfully placed on any street l.)y any person, public utility or by any department of this city. S. 6051.6 No Entrance Into Intersection That Would Obstruct Traffic. No operator of any vehicle shall enter any intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles , or pedestrians , notwithstanding any traffic control signal indication to proceed. TRAFFIC GENERAL : S. 6061 ARTICLE 606 PEDESTRTANS 'REGULATIONS - S . 6061 Director of Public �Works to Establish Marked Crosswalks . (1211) (a) The Director of Public Works shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices , marks ,or. lines upon .the surface of the roadway as follows Crosswalks shall be established and maintained- at all intersections within the -central traffic . district and at such intersections outside such district, and at other -places within or outside said district where the Director of Public Works determines that there - is- "particular hazard to pedestrians crossing the roadway subject .to the limitation contained - in (b) of this section. (b) Other than crosswalks at the intersections , no crosswalk shall be established in any block which -:is less than .four hundred (400) feet -in length and such crosswalk shall be located as nearly as 'practicable at mid-block. (c) 2Th6 Director of Public Works may place signs at or adjacent to an intersection in respect to: any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated. (d) The- Director of Public Works may place signs adjacent -to a roadway, due to traffic hazard, which will prohibit pedestrians from crossing at other -than crosswalks . ,.S . 6061 .1 When Pedestrians Must Use -Crosswalks . No pedestrians shall cross a roadway other than a crosswalk in the central traffic district or -in any .business district . No pedestrian .shall cross a roadway other than a crosswalk .when there are official signs posted prohibiting such a movement . . (1211) N S 6071 - _GENERAL TRAFFIC ARTICLE 607 TRAINS S . 6071 Railway Gates . No -person shall .dr ve 'any. vehicle through, around, or under any crossing gate or barrier .-at a railroad grade crossing while such gate or barrier is closed or is. 'being opened or' closed. :S . 6071.1 Trains Not to Block Crossings . No person shall cause or permit -any railway train or railway cars or' similar vehicle on rails to stop or stand or to be operated in such a manner .as to prevent the use of any street for the purpose of -travel -for a period of time' -longer -than ten (10) minutes ', except that this provision shall not apply to railway trains , cars or similar vehicles on rails while blocking or obstructing- :a crossing because of -an accident -which requires the operator of the train, car or similar vehicle on rails to stop at or- near the scene- of the accident. s GENERAL S . 6o6o ARTICLE 6o8 AIRPORTS 5 -7 71 S . 6o8o DECLARATION .OF NECESSITY. It is found and. declared that: (a). The making and creating of loud, unnecessary or unusual noises at night at Meadowlark Airport by airplanes in the City of Huntington Beach is a condition which has existed for some time and the extent and volume of such noise is increasing . (b) The making, creating or maintaining of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use are a detriment to public. health, comfort, convenience, safety,.;welfare and prosperity of the residents of the City of Huntington Beach. (c) The necessity in the public interest for the provisions and pro- hibitions hereinafter contained and enacted is declared as a matter of legislative determination and public 'i g ' p. policy, and. it :is ' further declared that the provisions and prohibitions hereafter". contained and. enacted are in pursuance of and. for the purpose of securing and promoting the public health, comfort, convenience,: safety, welfare and. the peace and quiet .for the City of Huntington Beach and its inhabitants . S . 6o81 HOURS WHEN TAKEOFF PROHIBITED. . No person shall take off any aircraft, or be a passenger therein during any takeoff of such aircraft, from Meadowlark Airport in the City of Huntington Beach, California at any time between ten o ' clock ( 10: 00) p.m. local time, and sunrise of the following day. The watch commander of the Huntington Beach Police Department may approve a takeoff during said hours in case of emergency provided approval of said watch commander is obtained before such takeoff. S . 6082 HOURS WHEN LANDING PROHIBITED. No person shall land any aircraft, or be a passenger therein during any landing of such aircraft, on or at Meadowlark Airport in the City of Huntington Beach, California at any time between ten o ' clock ( 10. 00) p.m. local time, and sunrise of the following day except in case of emergency: Any person landing any aircraft during such hours shall notify the ., watch commander of the Huntington Beach Police Department within fifteen ( 15) minutes after such landing, and such person shall at such time give said watch commander the following information: (1) name of person operating the aircraft during such landing; (2)) license number of such person; (3) license number of such aircraft; . (4) time of such landing; and (5) reason for such landing . In the event. the operator of such aircraft at the time of such landing fails to give notice as required by this section to said watch commander, or such landing was not required by a bona fide emergency, such persons and. all passengers in said air- craft at the time of such landing shall be liable to prosecution under this section. S . 6083 GENERAL TRAFFIC S . 6o83 NO CONFLICT WITH STATE OR FEDERAL LAWS . No provision or clause of this . article shall ..be effective if it. is , at the time of violation thereof, in conflict with any state or federal law regulating the same subject matter, provided such state or federal law permits the act or acts prohibited by this article . S . 6o84 PENALTY. Any violation of this article is by a fine not exceeding Five Hundred Dollars junishable 500) , or by imprisonment in the county jail for a period. not exceeding.. six (6) months or by both such fine and imprisonment. S . 6o85 SEVERABILITY. If any provision or clause of this article or application thereof, or any amendment or revision thereto, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application,. or amend- ment or revision thereof, and to that end, the provisions of this article are declared to be severable . i TRAFFIC OPERATION S. 6101 CHAPTER 61 OPERATION ARTICLE 610. GENERAL 611. PROHIBITED PLACES 612. TRUCK ROUTES 613. ONE-WAY ALLEYS 617. SPEED LIMITS 618. MOVEMENT OF OVERLOADS - PERMIT REQUIRED ARTICLE 610 GENERAL S. 6101 DRIVING THROUGH FUNERAL PROCESSION. It is unlawful for the, oper ator of any vehicle to drive between the vehicles comprising a funeral procession, provided that such vehicles are conspicuously so designated. (322) i S. 6111 OPERATION TRAFFIC ARTICLE 611 PROHIBITED PLACES S. 6111 CERTAIN VEHICLES PROHIBITED IN BUSINESS D"STRICT. It is unlawful for the operator of any of the following vehicles to drive the same in any business district between the hours of seven (7) A.M. and six (6) P.M. of any day except Sunday. (322) S. 6111.1 Protruding Loads. Any vehicle so loaded that any part of its load extends more than three feet (3') to the front or more than ten feet (10') to the rear of said vehicle. (322) S. 6112 VEHICLES ON SIDEWALKS. The operator of any vehicle except those ve- hicles regulated by Chapter 69 of this Code, shall not drive within any sidewalk area except to a permanent or temporary drive. (322, 1003) S. 6113 USE OF COASTERS. ROLLER SKATES, ETC. It shall be unlawful for any - person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device to go upon any roadway. (322, 1199) S. 6114 SKATE BOARDS. It shall be unlawful for any person upon a skate board, or similar device to go upon any right-of-way sidewalk or parking area where the use of such skate board or similar device creates. a hazard to the pedes- trian using such sidewalk or parking area. (1133, 1199) S. 6115 PEDESTRIAN OVERCROSSING. RIDING OVER PROHIBITED. It shall be unlaw- ful for any person to ride a skate board, coaster, toy vehicle, roller skates or any vehicle of a similar nature over any pedestrian overcrossing within the limits of the City of Huntington Beach. (1199, 1784 - 11/72). -TRAFFIC OPERATION S . 6121 ARTICLE 612 TRUCK ROUTES S . 6121 Truck Routes Designated. The City Council hereby designates certain streets or portions of streets as routes the use of which -is permitted by any vehicle exceeding a maximum gross weight of three (3) tons . The Director of Public -Works is authorized to desig- nate the following .streets as "Truck Routes" by use of appropriate signs where, in his opinion, such designation .is required. -These streets are described as follows : (a) Adams - Lake to East City Limits (b) Atlanta - -Beach to Bushard (c) Bolsa - Bolsa Chica to East City Limits (d) Bolsa Chica - Warner to Rancho (e) Brookhurst - Ocean to Garfield (f) Bushard - Hamilton to Atlanta (g) Cannery -_ Atlanta ' to Garfield (h) Edinger - Bolsa Chica to Newland (i) Garfield - Edwards to Brookhurst (j) Golden West - Mansion to B61sa (k) Gothard - .Garfield to Edinger , (1) Graham - Edinger to Bolsa (m) Hamilton-Bushard to East City Limits (n) Lake - Atlanta to 17th. (o) Main - Mansion to Beach (p) Mansion - Golden West to Main (q) McFadden - Graham to Springdale (r) Newland - Ocean to Atlanta (s) Orange - -Lake to 23rd Street (t) Springdale - Warner to North City Limits (u) Talbert —Golden West to Newland (v) Warner - Pacific Coast Highway to Cannery (w) First - Ocean to Lake (x) Seventeenth —Ocean to Garfield (y) Twenty-third - Ocean to Golden West - S . 6122 Commercial Vehicles Prohibited From Using Certain Streets : The City Council hereby designates all streets - in the City, except those enumerated in Section 6121, as streets on which any commercial vehicles of gross weight over three (3) tons are prohibited. •S . 6122. 1 OPERATION TRAFFIC S . 6122. 1 Exceptions : Nothing in this Section shall prohibit the operator of any vehicle exceeding the maximum gross weight of three (3) tons coming from a truck route having ingress and -egress. by direct route to and from restricted streets , when: (a) Necessary for the purpose of making pickups or deliveries of goods , wares and merchandise , from-.cr to any building or structure located on such restricted streets ; (b) Necessary for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or con- struction of any building or structure, for which a building permit has been previously obtained; (c) Any passenger bus under the jurisdiction of the Public Utilities Commission, or owned by a bus company licensed by the City; (d) Any vehicle owned by a Public Utility while necessarily in use in the construction, installation or repair of any public utiltiy; (e) Any vehicle owned by the City while necessarily in use in the construction, installation or repair of a City utility or street. S . 6123 The Director of Public Works may erect and maintain appropriate signs on those streets affected by this Section where he deems the same to be necessary. TRAFFIC OPERATION S . 6131 ARTICLE 613 ONE-WAY ALLEYS S . '6131 One-way Alleys Designated. One-way alleys : The. follow- ing .alleys located within this City are hereby designated as one-way alleys S . 6131. 1 Alleys in Blocks 103, 104 . Alleys between .Main Street and`.Third Street-., and -between -Main ,Street and Fifth Street,._ and the alleys running. -from.-said alleys northeasterly to Walnut Avenue., .`and'.located, within .b-locks 103 and 104, Huntington Beach Tract, and-_(322.,....5.Q2) S . 6131. 2 Alleys in Blocks ­ib3, 2D4. Alleys located in .block 203_ and 204, --Huntington .Beach- Tract.: .(322, 502) S . 6132 Violation of Sign. No person shall operate any motor vehicle in said _alleys in any direction, or enter -said alleys , when ,a sign : is-- posted as herein provided, except as herein provided. (322, 502) S . 6132.1 " Entering .Alleys in, Blocks 103 , 104. All motor vehicles entering the alleys designated and described in Section .6131. 1 hereinabove shall .enter -from Main Street or Walnut Avenue and shall exit as follows-:. -:S . 6132. 2 Exit. Those entering the alleys in block 103 shall exit on Third Street ; and those entering the - alley. in block 104 shall exit on Fifth Street. (322, 502) S . 6132.3 Entering .Alleys in__ Blocks 203, 204: Direction. All motor vehicles entering-, the -said alleys designated and described in -Section 6131. 2 shall enter from Olive Avenue and exit on Walnut Avenue ; and all such traffic entering said alleys shall proceed in the direction of the exit. (322, 502) - S . 6133 Signs Authorized: Signs at Entrances . The Chief of Police is hereby authorized and directed to place of cause to be -placed signs at the entrance of said alleys herein designated, reading .as follows : "ENTRANCE'ONLY. ONE WAY ALLEY. " S . 6133 . 1 Signs at Exits . And at the exit of .said alleys , signs reading as follows : "DO NOT ENTER, -ONE WAY ALLEY. " S . 6133 . 2 Signs at Alley Intersections . And to ,place or cause to be -placed signs reading "RIGHT TURN ONLY" or "LEFT TURN ONLY, " and to indicate by on the pavement at the intersection of the alleys in .block 103 and block 104 in order to direct the traffic in accordance -_with.•this Article . (322, 502) S. 6134 OPERATION TRAFFIC .S . 6134 Alley Parking Restricted to Unloading. It shall be illegal to park any motor vehicle in any one-way alley except while unloading. � S . 6134 .1 Time Limit: Any such motor vehicle shall not be parked longer than twenty minutes ., S . 6134 . 2 Requiring Removal. Any Police Officer may require any such motor -vehicle so parked to be moved in order to allow the free passing of other vehicles lawfully within said alley. (322, 502.) TRAFFIC OPERATION S. 6.1,71 ARTICLE 617 r SPEED LIMITS (1134) S. 61'71 It is hereby determined, upon .the basis of an engineering and traffic survey, that the speed permitted by the California Vehicle Code upon the .following streets is not in conformance with the.,safe and efficient operation of vehicles thereon,. and it . is hereby declared that the prima facie speed limits shall be as Hereinafter set forth on those streets, or parts of streets herein designated,. :when signs are erected giving notice thereof. S-._ 6171. 1 SPEED LIMITS. The prima facie speed -limits are as follows; (1214, 1298, 1322 1357, 1382; 1399, 1436,. 1462., 1476, 1479, . 1496, 1505,. 15:23, 1531, 15337, 1.1545-12/69, 1574-4/.70, 1583-6/70, 1592-8/70, 1661-.8/71, 1841-5/73, 1848-7/73, 1875-10/73, `1886-12/73) STREET LIMITS SPEED -LIMIT, MPH Adams Main to Lake 25 Lake to Beach 40 Beach to Santa Ana River . .45 . Algonquin Warner to Heil 40 Atlanta Lake to Brookhurst 40 Banning. Magnolia to Brookhurst 40 golsa Bolsa Chica to Springdale 50 . Springdale. to Goldenwest 45. Bolsa Chica. Rancho to .Edinger 50 Edinger to Warner . 45. South of Warner 30 Brookhurst Garfield to Hamilton 45 Hamilton to Pacific Coast Highway 50 Bushard Garfield to Brookhusrt 45 Center East of Gothard 40 Channel Admiralty to Gilbert 30 Davenport Baruna to Algonquin 35 Delaware Main to Yorktown 35 Yorktown to Adams 40 Adams to Indianapolis 35 Indianapolis to Detroit 30 Edinger West city limits to Beach 40 Beach to east city limits 45 - 1/17/74 1 S. 6171. 1 (Edwards) OPERATION TRAFFIC STREET LIMITS SPEED LIMIT f� MPH. \ 1 Edwards North city limits to Bolsa 35 E Bolsa to Slater 40 Slater to Garfield 45 j Ellis Beach to east city limits 40 Edwards to Goldenwest 45 Goldenwest to Gothard 40 Delaware to Beach 35 i Florida Main to Garfield 40 Garfield Goldenwest to Newland 40 Newland to Ward 45 j Edwards to Goldenwest 45 I Goldenwest North city limits to McFadden 40 McFadden to Slater 45 Slater to Mansion 50 Mansion to Pacific Coast Highway 40 t Gothard McFadden to Edinger 40 Edinger to Warner 45 Warner to Main 35 Graham Bolsa to Edinger 45 i Edinger to Heil 40 Heil to Warner 35 Warner to Circle Drive 40 Hamilton . Newland to east city limits 40 Heil Saybrook to Beach 40 City limits to Beach 35 Holland Beach to Marken 25 Huntington Taylor to Yorktown 25 Adams to Yorktown 45 Adams to Atlanta 30 Atlanta to Pacific Coast Highway 35 Indianapolis Beach to Brookhurst 30 Lake Seventeenth to Pacific Coast Highway 35 Magnolia Heil to Pacific Coast Highway 45 Main Beach to Mansion 40 Mansion to Adams 35 Adams to Eleventh 25 Mansion Goldenwest to Seventeenth 35 TRAFFIC OPERATION. S. 6171.1. STREET LIMITS SPEED LIMIT McFadden Bolsa Chica to Graham 40... Graham to Goldenwest 45 Goldenwest to east city limits 40 Monterey Edinger to Saybrook 35 Newland Heil to Pacific Coast Highway 40 Orange Goldenwest to Seventeenth .40 Seventeenth to Main 30 Palm Goldenwest to Main 35 Parkside Edingerito Holt. 30 Rancho Bolsa Chica to east city limits 35 Saybrook Monterey to Davenport 25 Seventeenth Florida to Pacific Coast Highway 35 Sher Edinger to Juliette. Low 35 Slater Newland to west city limits 40 Springdale, North city limits to Edinger 45 Edinger to Talbert 40 Talbert Goldenwest to Newland 40 Ward Yorktown to Garfield 45 Warner Pacific Coast Highway to Magnolia 45 Yorktown Beach to Ward 40 Seventeenth to Beach 35 S. 6171.2 The prima facie speed, set by the State of California on streets hereinafter set forth is as follows: (598 - 5/53, 1134 - 4/651 1804-1/73) STREET LIMITS SPEED LIMIT MPH. Beach North city limits to 320 feet south of Holland 45 320 feet south of Holland to 300 feet south of Indianapolis 50 300 feet south of Indianapolis .to Pacific Coast Highway 55 1/.17/74. S. 6171. 2 OPERATION TRAFFIC STREET LIMITS SPEED LIMIT . . MPH Pacific Coast Highway North city limits to 800 feet south of Warner 40 800 feet south of Warner to 6200 feet north of Goldenwest 55 I 6200 feet north of Goldenwest to 150 feet wouth of Twentieth 50 150 feet south of Twentieth. 160 feet south of Twelfth 45 160 feet south of Twelfth to 800 feet north of Huntington 35 800 feet north of Huntington to 900 feet south of Beach 45 900 feet south of Beach to south city limits 55 TRAFFIC OPERATION So 6180 ARTICLE 618 MOVEMENT OF OVERLOADS -PERMIT REQUIRED So 6180 Purpose and Application. So 6180. 1 The purpose of this article is to regulate and limit the use of certain public streets and public property within the City by any vehicle defined in this article as an overload, in order to prevent damage to street foundations , surfaces or structures , to protect bridges and other public or private property and life from damage or injury resulting from the moving, or having upon a public street an overload, and to promote the general health, welfare and safety of the citizens of this City. So 6180.2 Movement by Governmental Authorities : The provisions of this article shall apply to the United States , this state, counties , municipal corporations , school districts and to all other governmental bodies , agencies or instrumentalities ; provided, however, that if any such governmental agency shall file with the Director of Public Works an agreement in writing to pay all damages , costs or ex- penses which may be suffered or incurred by this City as a result of the movement of any overload by such agency, then such agency need not . pay any permit fee or post any deposit or policy of liability insurance required by this article . This exemption shall not apply to any private contractor engaged by any governmental agency, nor to any equipment or vehicle not operated by any employee of the governmental agency moving the overload under the supervision.. and control of any officer thereof. So 6181 Definitions . The following words and phrases shall have the meaning hereinafter set forth, and if any word or phrase is not hereinafter defined, it shall have the meaning set forth in the California Vehicle Code, provided that if any such word or phrase is not defined in said Vehicle Code, it shall have the meaning attributed to it in ordinary usage . Se 6181. 1 Citya Shall mean the City of Huntington Beach, California. So 6181.2 Department. Shall mean the Department of Public Works of the City of Huntington Beach, California. . So 6181.3 Director . Shall mean the Director of the Department of Public Works of this city or his authorized representative . So 6181.4 Gross Weight . Shall mean the combined weight of a -vehicle : and its load, S o 6181.5 OPERATION 'TRAFFIC S o 6181.5 Overload. Shall mean and include any vehicle or combination of vehicles exceeding the limitations set north in Division 15 of the California Vehicle Code relating to height, width, length, size or weight of a vehicle or load. So 6181E Person, Shall ;mean any person, firm, individual , corpora- tion, partnership, trust or other organization, and shall include an owner, lessee, agent or employee of any person, firm, individual, c:orporaticn, partnership, trust or other organizationo So 6182 Permit�Reguired for Overload. It shall be unlawful for any person to :Hove, permit or cause tc be moved, any over- load upon any public street:.: or place in the City, without first obtain- ing a permit therefor from the Director as required by this Article . S o 6182 o l Unlawful to Move Overload Centrary_to ;Permit. It shall be unlawful for any person to move, or permit or cause to be moved, any overload capon a. public street or place in the City contrary to the terms and conditions of the permit issued by the Director, in violation of any provision of this article, other applicable provisions of this Code, or of the California 'vehicle Code, over a route or at a time other than that specified on the permit, on a,` day other than a regular day for the department, or -in rainy or foggy weather. This section shall not apply to an overload being moved at the request of � an authorized public officer in the event of flood, fire, earthquake or other public disaster or exigency, or . for the purposes of national defense . Any permit may be revoked by the Director at any time for a violation by pernmttee of this ordinance or when public health, safety or welfare requires such revocation. S o 6183 `Types or Permits and bees .So 6183 .1 l-Day Permit. A permit to move a specified overload on city streets during one day. Any number of gips may be made on the day for which said permit is issued. The fee for such permit shall be $50000 So 618302 Temporary Permit. A permit to .move specified identical overloads on city streets for a period of time not ex- ceeding 30 days . The fee for such permit shall be $5.Wplus $EB0 for each day such permit is in effect S a 6183 .3 Annual Permit. A permit to move specified identical overloads in the city streets for a period not exceeding one year. The fee for such permit shall be $50.00. S o 6184 ApplMation for Overload Permit. Application for a permit T to :move an overload 'upon the public streets of this city, together .with the fee required for the type permit requested shall be filed with the Director at least 72 hours prior to the time such over- load is to be moved upon the public streets of the city. TRAFFIC OPERATION So 6184. 1 .So 6184.1 Contents of Application. The application of an overload permit shall be made on a form furnished by the Director, and shall contain the following. information° to Length of time for .which the permit is requested, i.e, for a single trip, thirty days , or annual. 2e Except in requests for annual permits , a statement of the street or place over which applicant desires to travel. 3 . A complete description of the vehicle or vehicles to be operated, including the make, license number, and weight, name of the regis- tered owner of the truck. . 4. A description of the type load to be moved, and if the request -is for an annual permit, the number of trips contemplated. 5. Such other information as the Director determines necessary to carry out the provisions of this Article . . S . 6184.2 Processing Permit Application. Upon receiving an applica- tion for an overload permit the Director shall immediately transmit a copy thereof to the Chief of Police , The Director and Chief of Police shall immediately cause investigations to be made concerning compliance with the state laws and local ordinances regulating vehicles , traffic safety and congestion, and the safety of all property, public and private, including any public utility which may be affected by pro- posed movement of an overload on the streets . The Chief of Police shall report his findings to the Director. So 6185 Displacement of Property of Public Utility. Whenever the moving of any. overload shall require the removal or dis- placement of any wire or other property of any public utility it shall be the duty of the applicant to give notice and make such deposits as are required by the affected public utility, and of the public utility to act in an efficient and expepitious manner to remove or displace or cause to be removed or displaced, such wire or other property. S .. 6186 Issuance of Permit. The Director, as he deems necessary and reasonable may. issue or refuse to issue an overload permit or may issue a permit on such terms and conditions as he deems necessary to protect the public streets or property of any person, including limiting the number of trips , the weight, time of day trips are made, season during which trips are made, and requiring applicant to obtain written approval of any person whose property will be unduly' disturbed or endangered by applicants moving of an overload upon the public streets . So 6186 . 1 OPERATION TRAFFIC So 6186 .1 Director to Determine Time and Route for Moving Overload. The Director shall determine or approve the times when an overload may be moved, and shall determine or approve the route over which each overload may be moved, in accordance with such movement per- mitted by underpasses , overhead wires and other obstacles , condition of the streets , and other pertinent conditions ° Routes shall, whenever possible , be confined to arterial highways and not local streets . Over- loads traveling on a route approved by the Director, are exempt from any truck route regulations . So 6186 . 2 Contents of Permits . A permit to move any overload shall set forth on its face the period of time 'for which it is to be effective, the routes over which the overload may be moved. Any permit which fails to contain any of the above information or which purports to grant authority to move any overload contrary to the pro- visions of this article is void, and the City or any city officer or employee is not liable for any damages resulting to applicant due to such permit failing to contain any of such information. So 618603 Permit Carried in Vehicle or with Operator. Every over- load permit shall be carried in the vehicle or with the operator of the vehicle to which it refers and shall be presented, upon demand, to any peace officer, traffic officer, or other authorized agent of the Department of the City charged with the care and protec- tion of the city streets . So 6187 When Unlawful to Move an Overload Without an Escort . It shall be unlawful for any person, unless accompanied by an escort assigned by the Director, to move upon any public street or place, any overload which falls within any of the following categories : 1. Has a gross weight in excess of 50 . tons (100,000 pounds) . 20 The load or vehicle exceeds in width one-half the narrowest roadway over which such overload is moved. 3 . The load or vehicle exceeds 18 feet (216: inches) in width, or 16 feet (192 inches) in height. 4 , The load or vehicle exceeds 65 feet over-all in length. If the Director determines that such movement of the over- load may be made safely, without damage to the street or injury to persons , or undue interference with traffic or the use of the streets by the public, he may waive the requirements of this section. TRAFFIC OPERATION S 6184-'1 S , 6184.1 - Contents of Application. The application of an overload. permit .shall .be made on •a form .furnished by the Director, and shall contain the - following- information: : 1. Length of time for -which- the •permit• is requested, i.e, for a single trip, thirty days , or annual. 2. Except inlrequests for -annual. permits , a statement of the street- or place over -which -applicant desires to travel. 3. A- complete description of the -vehicle or vehicles to be operated, . including the make, license number, and-weight, name of the registered owner of the truck. . 4. A description of the type load to be moved, and if the request is for an - annual -permit, the number of trips contemplated, 5. Such other information as the Director determines necessary to carry out the provisions of this Article. S , 6184. 2 Processing .Permit Application. Upon receiving an applica- tion for an overload- permit the Director -shall immediately transmit a copy thereof to the Chief of Police . The Director and Chief of Police shall .immediately cuase investigations to be made concerning compliance with the state laws and local ordinances re- gulating vehicles , traffic safety and congestion, and the safety of all property, public and private, - including .any public -utility which may be affected by-proposed movement of .an overload on - the streets , The Chief of Police shall ,report his findings to the Director. S . - 6185 Displacement of Property of Public Utility., Whenever the moving of any overload shall require the removal or displacement of any -wire or other property of any public utility it shall be the duty of the applicant to give notice and make such de- posits as are required by the affected- public -utility, and of the - public utility to act in an efficient and expeditious manner to re- move- or displace -or -cause -to be removed or displaced, such wire or other -property, S , 6186 Issuance of Permit. The Director, as he deems necessary and reasonable may issue or refuse to issue an overload` ' permit or may issue a permit on such terms and conditions as he deems necessary to protect the public streets or property of any person, including limiting the number of trips , the weight, time of day trips are made, season during which trips are made, and requiring applicant to obtain written approval of any person whose property will be unduly disturbed or endangered by applicants moving of an overload upon the -public streets . So 6186 .1 OPERATION TRAFFIC So 6186a1 Director to Determine Time - and Route for Moving _Overload, The Director shall -determine or approve the times when an overload may be moved, and shall determine or approve the route over which each overload may be moved, in accordance with such move- ment permitted by underpasses , overhead wires and other -obstacles , condition of the streets , and other -pertinent conditions . Routes shall, whenever possible, be confined to -arterial highways and not local _streets . Overloads traveling on a route approved by the Director are exempt from any truck route regulations . .S . 6186 . 2 Contents of Permits , A permit to move any overload shall set forth on its face the period of time for -which it is . to be effective, the routes over -which -the overload may be moved. Any permit which fails to contain any of the above information or -which purports to grant authority to move any overload contrary to the -pro- visions of ,this article is void, and the City or any city officer or employee -is not liable for -any damages resulting to applicant due to - such -permit failing to contain any of such information. .S . 6186 .3 Permit Carried in Vehicle or -with Operator. Every over- load- permit shall be carried :in the vehicle or -with the operator of the vehicle to which it refers and shall be presented, upon demand, to any peace officer, traffic officer, or other authorized agent of the Department of .the City charged .with the care and pro- tection of the city streets : .S . 6187 When Unlawful to Move -an Overload Without an Escort „ It sh611 be unlawful for -any.-person, unless accompanied by an escort assigned by the Director, to move upon any public street or place, any overload which falls within any of the following categor- ies to Has a grossi weight in excess of 50 tons (100,000 pounds) . 2, The load or vehicle exceeds in width one-half the narrowest roadway over which such overload is moved, 3 . The load or vehicle exceeds. 18 feet (216 - inches) in width, or 16 - feet (192' inches) in height. 4. The load or vehicle exceeds 65 feet over-all in length. If the Director determines that such movement of the over- load may be made safely, without damage to the street or injury to persons , or undue interference with traffic or the use of the streets by the public, he may waive the requirements of this section. `IRAF51,"IG• ' STOPS & YIELDS S. 6211 CHAPTER 62 STOPS & YIELDS ARTICLE 62.1. GENERAL ARTICLE 621 GENERAL So 6.211 Driving from Alleys . The operator of a vehicle emerging from an alley, driveway or -garage , . in the business district, shall stop such - Vehicle immediately. prior to ,driving onto :a sidewalk or onto ,the sidewalk -area extended across an alleyway. . (1138, 1144) C.S . 6212 Those streets , and parts of streets , which form the -most recent -revision of the ,Master Plan of Arterial .Streets and Highways of the City of Huntington Beach, as adopted by. the City Council, are hereby declared to be through streets for the purpose of this chapter. Other streets and parts of streets de- clared to be through streets by resolution of the -City Council are listed in "Schedule A" on file in the office of the Director of Public Works . (1138, 1144) = So 6213 Whenever any resolution of this city designates and describes a through street, it shall be the duty of the Director of Public. Works to place and maintain a stop sign, or. on the basis of a traffic engineering survey at any intersection, a yield sign, on each and every street intersecting such through street unless traffic at any such intersection is controlled by traffic-control signals , provided, however,, that at the .intersection of two such through streets or at the intersection of a through .street and a heavy. traffic street not so designated, stop signs shall be erected at the approaches of either of said streets or of both said streets upon the basis of a traffic engineering study, . (1138, 114-4) So 6214 The Director of Public Works is hereby authorized to determine and designate intersections where particular hazard exists upon other than through. streets and to determine (a) , whether vehicles shall stop at one or more entrances tolany . such -.intersection, in which event the Director of Public Works shall cause to be erected a stop sign at every such place where -a stop .. is required, or (b) whether vehicles shall yield the right-of-way to vehicles on a different street at such • intersection in which event1he shall cause to be erected a yield sign at every place ,where obedience thereto is required. Stop intersections are desig- nated in "Schedule B"o Yield- intersections are `designated . in ."Schedule C"o Schedules .B and_ C are on file in .the office of the Director of Public Works . (1135, 1144) TRAFFIC PARKING S.. 6311 CHAPTER 63 PARKING (1155) ARTICLE 631. GENERAL 632. TIME LIMIT PARKING 633. LOADING ZONES 634. PARKING REGULATIONS IN CITY PARKING LCITS ARTICLE 631 GENERAL S. 6311 APPLICATION OF REGULATIONS. (a) The provisions of this ordinance regulating the stopping, standing or parking of a ,vehicle shall apply at all times or at those times herein specified, ;except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. (b) The provisions .of this ordinance imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinance of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. S. 6311.1 STOPPING OR STANDING IN PARKWAYS PROHIBITED. No person shall stop, stand or park a vehicle within any parkway. S. 6311.2 DIRECTOR OF PUBLIC WORKS TO MAINTAIN NO STOPPING ZONES AND NO PARKING . AREAS. The Director of Public Works is hereby authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this ordinance. When said curb markings or signs are in place, no operator of any vehicle shall stop, _ stand .or park such vehicle adjacent to any such legible curb marking or sign in vio- lation of any of the provisions of this ordinance S , 6311.3 PARKING TRAFFIC S . 6311.3 No Parking Areas . No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places , except when necessary to avoid Conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal ; (a) On either side of any street between the projected property lines of any public walk, public steps , street or thoroughfare terminating at such street, when such. area is indicated by appropriate signs or by red paint upon the curb surface . (b) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings . (c) In any area where the Director of Public Works determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property when such area is indicated by appropriate signs or by red paint upon the curb . surface . (d) In any area established by resolution of the Council as a no parking area, when such area is indicated .by appropriate signs or by red paint upon the curb surface . (e) Upon, along or across any railway track in such manner as to hinder, delay, or obstruct the movement of any car traveling upon such track. (f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property . (g) On any street or highway where the use of such street or high- way or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or inter- fere with such use or movement; provided that signs giving notice of such no parking are erected or placed at least twenty- four (24) hours prior to the effective time of such no parking . (h) At any place within twenty (20) feet of a .point on the curb immediately opposite the mid-block end of a safety zone , when such place is indicated by appropriate signs or by red paint upon the curb surface . TRAFFIC PARKING S . 6311.3ii`= (i) At any place within twenty (20) feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop. (j) Within twenty (20) feet of the approach to any traffic signal, stop sign., or official electric flashing device, when such place is indicated by appropriate signs or by red paint upon the curb surface. S . 6311.4 Use of Streets for Storage of Vehicles Prohibited.. No person who owns or has possession, custody or control of -any vehicle shall park such vehicle upon --any street or alley for more than a consecutive period of 72 .hours . S . 6311.5 Parking for Demonstration. No operator of any vehicle shall park said vehicle upon .any street in this city for the principle purpose of advertising or displaying it for sale , unless authorized by resolution of the Council. S . 6311.6 Repairing or Greasing Vehicles on Public Street. No person shall construct or cause to be constructed, repair- or- cause to be repaired, grease or caused to be greased, dismantle or cause to be dismantled, any vehicle or any part thereof upon any public street in this city. Temporary emergency repairs may be made upon a public street. S . 6311.7 Washing or Polishing Vehicles . No -person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street in this city, when a charge is made for such service. S . 6311.8 Parking Adjacent to Schools . (a) The Director of Public Works is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. (b) When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall parka vehicle in any such designated place. S . 6311.9 Parking Prohibited on Narrow Streets . (a) The Director of Public Works is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. (b) When official signs or markings -prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street -in violation of any such sign or marking. S . 631.1.10 PARKING,-.-. TRAFFIC S . 6311.10 Parking on Grades. No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding 3% without blocking the wheels of said vehicle by turning them against the curb or by other means . S . 6311.11 Unlawful Parking - Peddlers , Vendors . (a) Except as otherwise provided in this section no person shall stand or park any vehicle, wagon or pushcart from which goods, wares , merchandise, fruits , vegetables or food stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating cartor vehicle, on any portion of any street within this city except that such vehicles , wagons or pushcarts may stand or park only at the request of a bona- fide purchaser for a• period of time not to exceed ten (10) minutes at any one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or .other fixed place of business or distribution. (b) No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales ,-.- peanuts , popcorn, candy, ice cream or other articles of food are sold of offered for sale without first obtaining a written permit to do so from the Director of Public Works which shall designate the specific location in which such cart shall stand. (c) No person shall park or stand any vehicle or -wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the Director of Public Works which shall designate the specific location where such vehicle may stand. (d) Whenever any permit -is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon, or pushcart on any location other than as designated in such permit. j In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provisions of this section, such permit shall be forthwith revoked by the Director of Public Works upon the filing of the record of such conviction with such officer and no permit. shall thereafter be issued to such person until six (6) months have elapsed from the date of such revocation. i TRAFFIC PARKING S . .6311.12 S . 6311.12 Emergency Parking Signs . (a) Whenever the Director of Public Works shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages , gatherings , or functions , or for other reasons , the Director of Public Works shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the Director of Public Works shall direct during the time such temporary signs are in place . Such signs shall remain in place only during the existence of such emergency and the Director of .- Public Works shall cause such signs to be removed promptly thereafter. (b) When signs authorized by the provisions of this section are in place siging notice thereof, no person shall operate, park or . stand any vehicle contrary to the directions and provisions of such signs . S . 6311.13 Display of Warning Devices When Commercial Vehicle Disabled. Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during darkness shall be equipped with and carry at least two flares or two red lanterns or two warning lights or reflectors , which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above mentioned or any trailer or semi trailer is disabled upon streets or highways outside of any business or residence district within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during darkness , a warning signal of the character indicated above shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved class A-Type I turn signal lamps , at least two toward the front and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices. mentioned above can be placed in the required locations . The warning signals herein mentioned shall be displayed continuously during darkness while such vehicle remains disabled upon such street and highway. S . 6311.14 Parking Parallel on One-Way .Streets . (a) Subject to other and more restrictive limitations a vehicle may be stopped or parked within 18 inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing. S . 6311 . 14 (b) PARKING TRAFFIC (b) in the event a. highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway no person shall stand or park a, vehicle upon the left-hand side of such one-way roadway, unless signs are in place permitting such standing or parking . (c) The Director of Public Works is authorized to determine when stand- ing, or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a, highway having two or more separate roadways and shall erect signs giving notice thereof . (d) The requirement of parallel parking imposed by this section shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods , in which case such vehicle may be backed up to the curb, provided that such vehicle does not extend beyond the center line of the street and does not block traffic thereby. S . 6311. 15 Diagonal Parking. On any of the streets or portions of streets established by resolution of the Council as diagonal parking zones , when signs or pavement markings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to park said vehicle except: (a.) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space; (b) With the front wheel nearest the curb within six (6) inches of said curb . The provision of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable in Section 6311 . 14 of this Ordinance shall be complied with. S . 6312 MINIMUM REMAINING ROAD WIDTH. Angle parking shall not be permitted upon any street where parking would diminish the width of the roadway available for travel to less than twenty-four (24) feet or upon any street which is a. portion of the city' s Master Plan of Arterial Streets and Highways . ( 1577-5/70) S . 6313 PROHIBITING PARKING ON OTHER SIDE OF STREET. The Director of Public Works is hereby authorized to prohibit the park- ing of vehicles , provided appropriate signs are placed and maintained to give notice thereof, on one side of a. street in any block where angle parking is permitted on the opposite side of the street in such block. TRAFFIC PARKING S . 6314 S . 6314. PARKING SPACE MARKINGS. The Director of Public Works is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted. When such parking space markings are placed on the highway, subject to other and more restrictive limitations , no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible . S . 6315 NO STOPPING ZONES. The Director of Public Works shall place and maintain appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and day when stopping is prohibited when no stopping zones have been established by resolution of the Council. During the hours and on the days designated on the signs , it shall be unlawful for the operator of any vehicle to stop said vehicle on any of the streets or parts of streets established as no stopping zones . S . 6316 UNAUTHORIZED PAINTING OF CURBS . No person, unless authorized by this City, shall paint any street or curb surfaces ; pro- vided., however, that this Section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any official action of this City pertaining thereto. S . 6317 REMOVAL OF VEHICLES. Any regularly employed and salaried officer of the Huntington Beach Police Department may remove any vehicle parked or left standing in any public street or highway, or any city-owned or operated parking lot in the City of Huntington Beach, when such parking or standing has been prohibited by ordinance or resolu- tion. No vehicle may be removed unless signs are posted giving notice of the removal . (1510) TRAFFIC PARKING S . 6321 ARTICLE 632 TIME LIMIT PARKING S . 6321 Twelve or Twenty-Four Minutes Parking, Green curb marking shall mean no standing or parking..for a period of time longer than 12 or 24 minutes , as designated by signs , at any time between 9.:Q0 A.M.- and 6 :00 P.M. on any day except Sundays and Holidays . When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb marking or sign in violation thereofa . S . 6322 One Hour Parking. When authorized signs or -curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any -vehicle shall .stop, stand or park said vehicle between the hours of 9:00 A.M. and 6 :00 P.M. of any day except Sunday(s and holidays) for a period of time longer than one hour. S . 6323 Two Hour Parking. When authorized signs or -curb markings have been determined--by -the -Director of Public Works to be necessary and are in place giving notice thereof, no operator of any -vehicle shall stop, stand or park said vehicle between the hours of 9:00 A.M. and 6 :00 P.M. of any day except -Sunday(s and holidays) for a period of time longer than two hours . S . 6324 Continuing -Violations , Additional Offenses . Every person violating the provisions of Sections 6321, 6322, and 6323 is guilty of a separate and further -violation for each period of time that the vehicle is left so parked, equal to the maximum legal parking time for the particular time zone or parking space as designated in said sections setting the maximum legal time . S . 6325 Same , Commercial Vehicles and Trailer -Parking Prohibited. No person shall park and leave standing, any truck, tractor, trailer, bus or any other commercial vehicle , or any vehicle with a manufacturer's rated capacity greater than three quarter (3/4) ton, or any item of farm machinery or special purpose machine, or any house -trailer, for a period of time longer than two (2) hours of any day upon any public street or highway in the City, except while loading or unloading property, or when such vehicle is parked in connection with, and in aid of, the performance of a service to or on .a property in the :block in which such -vehicle is parked. l TRAFFIC PARKING So 6331 ARTICLE 633 LOADING,ZONES S . 6331 Authority to Establish Loading-,Zones , _ (a) The Director of' -Public Works - is hereby authorized to mark loading zones and passenger loading zones adjacent to the entrance to any place of business or adjacent to .any hall or place .used for -the purpose of public assembly, (b) In no event shall more than one-half of the total curb length in any''block be reserved for loading zone purposes . (c) Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones . (d) Passenger loading zones shall be indicated by white paint upon the top of all curbs' in said zones . So 6332 Curb Markings to Indicate .No gtopping and Parking Regula- tions . The Director of. Public Works is hereby authorized, subject to the provisions and limitations of this ordinance, to place, and when required herein shall place, the following curb markings to . . indicate parking or standing regulations and said curb markings shall have the meanings as herein set forth. (a) Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, . and except that a bus may stop in a 'red zone marked or signed as a bus zone . (b) Yellow shall mean no stopping, standing or parking at any time between 7 -00 A.M. and 6 -00 P.M. of any day except Sunday (s and holidays) for any purpose other than the loading or unloading of passengers or materials provided that the loading or unloading of passengers shall .not consume more than - three (3) minutes nor the loading or unloading of materials more than twenty (20) minutes , (c) White shall mean no stopping, standing or parking for any purpose . other than loading or unloading of passengers , or for the purpose of depositing mail in an adjacent mail- box, which shall not exceed three (3) minutes and such restrictions shall apply between 6 .00 . A.M. and 6 -00 P.M. of any day including Saturdays , Sundays and Holidays , and except as follows - (1) When such zone is in front of a hotel or in front of a mail- box, the restrictions shall apply at all times (2) When .such zone is in front of a theater or church, the re- strictions shall apply at all times except when such theater \ or church is closed. (1491) 1 S . 6332 (d) PARKING TRAFFIC (d) When the Director of Public Works , as authorized under this ordin- ance, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section. S . 6333 Effect of Permission to Load or Unload. (a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall not extend beyond the time necessary therefor, and in no event for more than twenty (20) minutes . (b) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes . (c) Within the total time limits above the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. S . 6333 . 1 Standing for Loading or Unloading Only. No -person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is • permitted in Section 6333 . 'A0 S . 6333 . 2 Standing in Passenger Loading Zone . No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 6333 . 9 S . 6333 .3 Standing in any Alley. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. S . 6334 Coach Zones to be Established. The Director of Public Works is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof. S . 6335 Morning Parking Restrictions . It is unlawful for any operator of any motor truck to park the same , except between the hours of 4 A.M. and 9 A.M. on Main Street between Ocean. Avenue and Olive Avenue , in this City, and on Walnut Avenue between Third Street and Fifth Street in this .City, -except at loading zones regularly designated and marked. S . 6336 Loading Permits . The Director of Public Works may issue �. a special permit to an operator of a motor truck to park on said streets for the purpose of loading and unloading personal property in cases of emergency or necessity, and for the loading and unloading of building material and bulky articles , to and from business houses located on said streets and property fronting thereon. No load- ing zones shall be designated or marked on Main Street between Ocean A____._- __ -1 n7 ____ A TRAFFIC PARKING S. 6341 ARTICLE 634 PARKING REGULATIONS IN CITY PARKING LOTS S. 6341 REGULATIONS FOR PARKING IN CITY OWNED PARKING LOTS. The following regulations will apply to parking in any of the city owned beach park- ing lots: (a) Parking .allowed within designated spaces only. (b) Parking lot hours: 8 A.M. to 12 Midnight. (1) There will be no overnight parking. (2) Any deviation from this will be by permission of the City Administrator. (c) No loitering or obstructing the flow of traffic will be allowed in the parking lot by any person or persons. (d) No vehicle shall obstruct any entrance in the parking lot. (e) No house trailer or similar vehicle will be allowed in the parking lot on Saturdays, Sundays or holidays. (f) Fees: (1) $ .50 per day (2) $ 2.00 per day (3) $10.00 per season (4) $ 5.00 6/1 - 9/30 (g) Any vehicle leaving the parking lot and returning will be required to pay on re-entering. (h) Four parking permits per concession owner will be allowed. (i) The person or persons designated by the City to be in charge of the parking lot is authorized to enforce the above rules and regulations. (j) Parking shall be allowed in the parking lot on the east side of the pier ad- jacent to the Fisherman Restaurant only for patrons of said Fisherman Restaurant. (1425) S. 6342 VIOLATION. PENALTY. Any pe--son violating any provision of this chapter shall, upon a conviction thereof, be guilty of an INFRACTION, and punishable by a fine not to exceed One Hundred Dollars' .($100)'. (225-1/23, 1084-9/64) , 1808-2/73) TRAFFIC PARKING METERS S. 6500 CHAPTER 65 ' PARKING METERS ARTICLE 650. GENERAL 651. METER ZONE 652. METERS 653 . USE OY METERS 654. ENFORCEMENT 655. ACCOUNTING ARTICLE 650 GENERAL S . 6500 DEFINITIONS. For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless the .provisions of the context otherwise require . (1490, 1491) S . 6500.1 Parking Meter Zones . Means those certain areas within the city within which the parking of vehicles upon streets or city-owned or leased land shall be controlled, regulated and inspected with the aid of timing devices and meters , herein referred to as "park- ing meters" or "meters". (496, 609, 1490, 1491) S . 6500. 2 Roadway means that portion of a street between the regularly established curb lines . (496) S . 6500.3 Sidewalk means that portion of a street between the curb lines and adjacent property lines . (496) S . 6500.4 Street means every way set apart for public travel except alleyways , bridle paths and footpaths . (496) S . 6500.5 Vehicle means conveyance propelled by motor power. (496) S . 6500.6 Director . Means the Director of Harbors , Beaches and Development of the City of Huntington Beach. (1490, 1491) S . 6501 Harmony with Other Regulations . This Chapter shall be deemed to be in addition and supplementary to, and not in conflict with, nor a repeal of existing ordinance of this City; but shall be an additional provision for the regulation of traffic and parking in the parking meter zone provided for herein. (496) S . 6510 PARKING METERS TRAFFIC ARTICLE 651 METER ZONE S . 6510 ESTABLISHMENT OF PARKING METER ZONES. Parking meter zones may be established and determined by resolution of the city council and parking of vehicles within any such zone shall be as pro- vided in this chapter. (1490, 1491) S . 6511 COUNCIL TO PRESCRIBE METER .OPERATION. The parking time allowed following deposit of such coins as provided in this Chapter, the hours during which such deposits are required, and the directions which shall appear on the parking meters, shall be such as may be prescribed by the Council, by resolution. (496 , 592, 1490, 1491) So 6512 VARIED PARKING METER .TIMES. When the City Council desig- nates the parking times allowed following deposit of such coins as provided in this chapter and more than one (1) parking time is so designated, the Director may place the meters in such locations within the zone as he shall deem proper and consistent with the inten- tion of the City Council. (1490, 1491) S . 6513 STATE HIGHWAYS . The provisions of Chapter 65 of the Huntington Beach Ordinance Code shall be ineffective as to any portion of a State highway within the boundary of the Parking .Meter Zone as set forth in Section 6512 six months after receipt of notification from the Department of Public Works , Division of .Highways of the State of California of their rescinding their approval to this Ordinance No. 690. (609) I i I TRAFFIC PARKING METERS So 6521* ARTICLE 652 METERS So 6521 INSTALLATION OF PARKING METERS. The Director, when directed by -the -Council, shall cause to be installed upon such streets or -portions thereof or city owned or leased land within the parking meter zones , adjacent to each designated .parking space , . such -parking meters as shall have been approved by the Council. (496, 582, 690; 1490, 1491) So 6522 SIGNS FOR METERS. It is the duty of the Department of ® Public Works to maintain signs in the .various areas within the parking meter zones , indicating the type- of meter there installed .and the days and hours which the -parking -meters are in operation, (1490, 1491) S . 6522.1 Location of Signs . Such- signs may either -be on separate posts , painted on the curbs , or fastened to the parking meters , in the discretion of the Department of 'Public Works , (496 , 1490, 1491) S _6523 SPACES FOR PARKING. The department of Public Works shall have lines or markings painted upon the curbs , streets or area adjacent to each parking meter, designating the •parking .space for which said meter is to be used. (690, 1490, 1491) S . 6523 .1 Vehicle -Position. Each vehicle parked adjacent to any park- ing meter shall be parked within said lines or markings . S , .652302 Improper Parking .Positione It shall .be unlawful to park any vehicle across any such lines or markings, or to park .a vehicle in such a position that it shall not .be entirely within the space designated by such lines or markings . (4-96) S . 6524 FUNCTION OF METERS. Each parking meter shall be so designed that the deposit of a coin or coins will set the mechanism of the meter -in motion or permit the said mechanism to be set in motion so that the meter will show the unexpired parking time applicable to the parking space adjacent to the meter ; and said meter, when said park- ing time has expired, shall so indicate by a visable sign, . (496 , 582) ..S . 6526 ADJUSTING OR 'METERS. Parking meters when installed and properly operated shall -be so adjusted as to show legal parking as follows : So 6526 .1 12-Minute Meter: To show legal. parking during a period of 12 minutes upon and after the deposit therein of a United States one cent coin, (496) ' TRAFFIC PARKING METERS 1S . 6526 .2 I i So 6526 .2 60-Minute Meter. To ,show legal parking .during :a period of 12 minutes from and after the deposit therein of a United States one cent coin, twenty-four minutes upon and after the deposit therein of two United States one cent coins , thirty-six minutes upon and after the deposit therein of three United States one cent coins , . forty-eight minutes upon and after the deposit therein of four United States one cent coins ; .sixty minutes upon and after tie deposit therein . of five United States one cent coins , or one -United States five cent coin, .-(496) S , 6526 .3 120-Minute Metter, To -show legal .parking during a period of twelve minutes from and after the deposit therein of a . United States one cent coin, twenty-four minutes upon and .after the deposit therein of two United States one cent coins, thirty-six. minutes upon and after the deposit therein of three United States one cent coins , forty-eight minutes upon and after the deposit therein of four United States one cent coins , sixty minutes upon and after the deposit therein of five United States one cent coins , or one United States five cent coin, and one hundred twenty minutes from and after the deposit therein of five United States one cent coins and one United States five cent coin, or two United States five cent coins , . (496) So - 6526 ,5 12-Hour Meter. Twelve-hour meter -to show legal parking during the period of one hour upon .and after -the deposit therein of one United States twenty-five cent coin, thereafter said meter to show legal -parking -during .a.=period of .one additional hour for each United States twenty-five cent coin deposited therein, . (690, 1371) So 6526 .7 Payments . Payments for the aforesaid amounts for the above-- periods shall be made for -parking -in the areas--in'.the park-- zone set forth hereinafter :in accordance with the type of meter installed at each •parking .spaceo (496) , TRAFFIC PARKING METERS S. 6531 ARTICLE 653 USE OF METERS S. 6531 DEPOSIT OF COINS. No person shall park any vehicle in any parking space except as otherwise permitted in this Chap- ter) without immediately. depositing in the parking meter adjacent to said space such lawful coin or coins of the United States as are re- quired by such meter and designated by directions on the meter, and when required by directions on the meter, setting in operation the timing mechanism thereof, in accordance with said directions, unless said parking meter indicates at the time such vehicle is parked that an. unexpired portion remains of the period for which a coin or coins- has been previously deposited. (496, 582) S_ 6532 OVERTIME PARKING. A. Business Zones. No person, except as otherwise provided in this chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City Council as a business zone, during any time when the parking meter ad- jacent to such parking space indicates that no portion remains of the period of time for which a coin or coins have been deposited or beyond the time parking in such place is otherwise permitted or limited. (1500) B. Residential Zones. No person, except as otherwise provided in this chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City - Council as a residential zone, during any time when the parking meter adjacent to such parking space indicates that no portion remains of the period of time for which a coin or coins have been deposited or beyond the time parking in such place is otherwise permitted or limited. (1500) C. Recreational Zones. No person, except as otherwise provided in this chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City Council as a recreational zone, during any time when the parking meter adjacent to such parking space indicates that no portion remains of the period of time for which a coin or coins have been deposited or beyond the time parking in such place is otherwise permitted or limited. (1500) . S. 6533 EXCEPTION. A vehicle may be parked and remain parked in a parking meter space without the deposit of any coin in the parking meter adjacent thereto during hours other than those 'desig- nated by resolution of the Council as hours during which such deposits are required. (496, 582) S. 6534 SLUGS. It is unlawful to deposit or cause to be deposited in any parking meter any slug, device or metallic substi- tute for a one cent or a five cent or a twenty-five cent coin of the United States. (496) S. 6535 TAMPERING WITH METERS. It is unlawful for any unauthorized person to open, or for any person to deface, injure, tamper with, or willfully break, destroy or impair the usefulness of any parking meter installed pursuant to this chapter, or to hitch any ani- mals thereto. (496) 1 S. 6536 PARKING METERS TRAFFIC S. 6536 PARKING PERMITS. Notwithstanding any other provision of this code, there is hereby established a system of per- mit parking subject to the following standards and provisions: �a) A nontransferable parking permit for a fee of Fifteen Dollars $15.00) shall be issued to cover a calendar year. Such parking per- mit or decal, when affixed to the front windshield of a vehicle with- in a seven-inch square in the lower corner farthest removed from the driver's position, shall authorize the parking of said vehicle in any posted or metered residential parking area in the City of Hunt- ington Beach, as such residential parking areas have been, or may be hereafter, established by resolution of the City Council, without the deposit of coins in a parking meter adjacent to a metered park- ing space. Such parking permit shall not, however, establish any priority for parking space, and no vehicle shall remain parked in such parking space in excess of twenty-four (24) hours. (b) Parking permits or decals shall be issued for one vehicle only and shall not be transferable to any other person or vehicle except in those cases where the vehicle for which the permit has been is- sued has been disposed of and a substitute vehicle acquired. Such permit shall be transferable to such substitute vehicle upon presen- tation of the old permit together with a transfer fee of One Dollar ($1.00) . (c) Where more than one vehicle is owned, upon payment of the basic fee of Fifteen Dollars ($15.00) , additional permits for additional vehicles of the same registered owner may be purchased for the sum of Five Dollars ($5.00) each. (d) The Director of' Harbors and Beaches shall establish the neces- sary procedure for the sale of annual parking permits. Such permits shall be appropriately designed and dated to indicate the appropriate year during which such permit is valid, and the area in which the owner of the permit is entitled to park. (1720 - 2/72) S. 6537 OTHER REGULATIONS. No provision of this article shall be construed as permitting any violation of any other parking regulation of this code. (1720 - 2/72) S. 6538 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council of the City of Huntington Beach hereby declares that it would have passed this article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub- sections, sentences or hrases may be declared invalid or unconsti- tutional. (1720 - 2/72} i TRAFFIC PARKING METERS S. 6541 ARTICLE 654 ENFORCEMENT S. 6541 DUTY OF .POLICE. It is the duty of the Chief of Police, under the direction of the Council, to keep account of all violations of this Chapter. . S. 6541.1 RECORD OF VIOLATIONS. He shall keep an account of and report the number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in violation , of any of the provisions of this Chapter, the date and hour of such violation, the make and state license number of such vehicle, and any other facts and knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. S. 6541.2 AFFIXING OF NOTICE TO VEHICLE. He shall attach to such vehicle a notice stating that it has been parked .in violation of this Chapter, and instructing the owner or operator to report to the judge of a court of competent jurisdiction in regard to such violation. (609) S. 6542 VIOLATION. PENALTY. Any person violating any provision of this chapter or any resolution adopted pursuant to this chapter, shall, upon a conviction thereof, be guilty of an INFRACTION, and punishable by a fine not to exceed One Hundred Dollars ($100) (496-7/46, 1490-4/69, 1808-12/72) S. 6542.1 EXCEPTION.: COMPLIANCE WITH NOTICE. The provisions of Section 6542 are subject to the preceding provisions of this Article. (496) S ., 6551 PARKING METERS TRAFFIC ARTICLE 655 ACCOUNTING S . 6551 COLLECTION OF COINS FROM METERS. It shall be the duty of the Director of Finance to designate some person or persons to make regular collections of the money deposited in said parking meters , and to deliver the money to the Director of Finance . (496 , 1327) S . 6552 PARKING METER FUND. It is the duty of the Director of Finance to count the money and to deliver said money to the City Treasurer who shall place it in a special fund to be known as the "Parking Meter. Fund", which fund shall be used exclusively for the purposes specified in Section 6554 . (496 , 1327) S . 6553 BOND. Such person or persons making such collections sha11 be bonded in the sum of Two Thousand Dollars ($2,000.00) to insure the faithful performance of his or their duties . (496) S . 6554 USE OF PROCEEDS . The amount of the coins required to be deposited in parking meters as provided herein, is hereby levied and assessed as a fee to provide for the proper regulation, control and inspection of traffic upon the public streets , and to cover the cost of supervising, regulating, and inspecting the parking of vehicles in the parking meter zone provided for herein, the cost of placing and maintaining lines or marking, designating parking spaces in parking meter zone , and the cost of the purchase , super- vision, protection, inspection, installation, operation, maintenance , control and use of the parking meters installed hereunder, and the acquisition by purchase or lease , improvement, operation, maintenance , repair and replacement of all parking facilities on streets and City owned or leased property; and the special fund in which such fees shall be placed shall be devoted exclusively to those purposes . (496 , 609) TRAFFIC LOADING ZONES S. 6611 CHAPTER 66 LOADING ZONES ARTICLE 661. RESTRICTED STANDING LOCATIONS 662. ESTABLISHING OF LOADING ZONES ARTICLE 661 RESTRICTED STANDING LOCATIONS S. 6611 Standing for Loading Only in Certain Places. It is unlawful for the operator of a vehicle to stop said vehicle for a period of time longer than is necessary for the loading or unloading of passengers or material (provided that the loading or unloading of passengers shall not consume more than three (3) minutes , nor the loading or unloading of materials more than thirty (30) minutes) in any of the following places : S. 6612 Grade. At any curb where the grade of the street ex- Feeds twelve percent (12%). (322) S. 6613 Alley. In any alley. (322) S. 6614 Loading Zone. In any "Loading Zone". (322) S. 6615 Hospital Entrance. At any curb within twenty-five feet 5 ' of the entrance to any hospital. (322) S. 6616 Police Station. At any curb within fifty feet (50' ) of the entrance to any police station. (322) S. 6617 Fire Plug. At any curb within fifteen feet (151 ) of a fire plug. (322) S. 6618 Bus Stops. In any marked bus stop. (322) S. 6621 _C,OADING ZONES TRAFFIC ARTICLE 662 ESTABLISHING OF LOADING ZONES I S. 6621 Authority to Designate Loading Zones. The Chief of Police snail determine the location of "Loading Zones" and shall mark by appropriate signs or as specifically required therein those places where standing for loading only is permitted under this Chapter , subject to the following requirements and limitations: S. 6622 Signs : Limitations on Zones. Bus stops shall be designated by appropriate signs at those places deter- mined by the Chief of Police , except that a bus stop shall not exceed fifty feet (50' ) in length and shall not be placed adjacent to a safety zone at a streetcar stop. (322) S. 6623 Paint : Lettering. Every loading zone, also that portion of every curb reserved for .loading only by Sections 66151 6616 and 6617, shall be designated by yellow paint or other yellow material upon the entire curb surface therein with the words: "LOADING ONLY" in black letters thereon. (322 ) S. 6624 Total Loading Zone Length per Block. Within any business district , not more than one-half of the total curb length in any one block may be set apart as a loading zone. (322) I TRAFFIC BICYCLES S. 6700 CHAPTER 67 BICYCLES ARTICLE 670 BICYCLES (22, 322, 432, 736, 1719, 1784 - 11/72, 1913 - 5/74) S. 6700 DEFINITIONS. For the purpose of this chapter, the following words and phrases are defined as hereinafter set forth: (a) BICYCLE LANE is that portion of a roadway, other than state and county highways, set aside by striping for the use of bicycle riders and so designated, as provided in this chapter. (b) BICYCLE PATH is a pathway for bicycle riders and pedestrians that has been physi- cally separated from a roadway. (c) BICYCLE is a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement. (d) HIGHWAY is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. (e) ROADWAY is that portion of a highway improved, designed, or ordinarily used for vehicular travel. (f) CHIEF OF POLICE shall include his designated representative. S. 6701 LICENSE AND REGISTRATION REQUIRED. No person, residing in the city of Huntington Beach shall ride or propel any bicycle upon any street, alley, park, bicycle path or lane, or other public place in this city which is not registered and for which the appropriate license fee has not been paid or which does not bear a license plate or sticker as required by the provisions of this code. S. 6701. 1 APPLICATION FOR REGISTRATION AND LICENSE. Application for registration and license of a bicycle shall be made by the owner thereof to the C�ief of Police upon appropriate forms furnished by the police department. Such application shall contain the name and address of the owner or person having charge or control of such bicycle, the make and kind of bicycle, the factory frame or serial number thereof, and any other information or description which is deemed necessary by the Chief of Police for purposes of identification. S. 6701.2 ISSUANCE OF REGISTRATION CARD. Upon payment of the license fee pro- vided by this chapter, the Chief of Police shall .issue to applicant a registration card containing the following information: the license number assigned to applicant, applicant's name and address, and a brief description of the bicycle 1 being registered, which said registration card shall be retained by applicant as proof of ownership, and kept in a safe place. All license tags shall expire on the third January 1st subsequent to the calendar year in which such license tag is issued. 6/6/74 S. 6701.3 BICYCLES TRAFFIC S. 6701.3 LICENSE TAG. Upon registration of any bicycle and the payment of the license fee required by this chapter, the Chief of Police shall issue to applicant a license tag bearing thereon a license serial number and an expiration date to be affixed to the frame of such bicycle in plain view below the seat thereof. Such license tag shall remain on such bicycle and shall not be removed therefrom for the duration of the license period for which such license tag was issued. S. 6701.4 RECORDS. The Chief of Police shall keep a record of the registration and the date of expiration of each license, to whom issued and the li- cense serial number thereof, and such other information as he deems necessary for the identification of bicycles and the enforcement of the provisions of this chapter. S. 6701.5 FEES. The fees required to be paid pursuant to this chapter are: (a) For new license and registration, the sum of $1. (b) For each transfer of ownership, which requires a new license tag and new regis- tration card, the sum of $1. (c) For reissue of registration card or license tag lost, stolen, destroyed, muti- lated or illegible, the sum of $1. S. 6701.6 SALE OR TRANSFER OF BICYCLE. Whenever any person sells, trades, dis- poses of or transfers any bicycle registered pursuant to the pro- visions of this chapter, he shall endorse upon the registration card heretofore issued for such bicycle, a written transfer of same, setting forth the name and address of. the transferee, the date of transfer and the signature of the transferor, and shall deliver such registration card so endorsed to such transferee at the time of the trans- fer. Such transferee shall immediately notify the Chief of Police of such transfer and shall apply for a new registration card and new license tag. For such transfer of registration, the transferee shall furnish his name, address, and transferor's regis- tration card, and upon payment of new license tag fee, the Chief of Police shall issue a new registration card and new license tag for such bicycle. The Chief of Police shall enter such transfer in his records pursuant to Section 6701.4 hereof. S. 6701.7 BICYCLE DEALER'S RECORDS. Every person engaged in the business of buying, trading, or selling bicycles in this city shall keep at his place of business a record of all bicycles. bought, sold or rented by him, giving the date of such transaction, the name and address of the person from whom purchased or traded, or to whom sold or rented, a description of such bicycle by name and make, the factory frame or serial number, and the serial number of the City of Huntington Beach license tag affixed thereto, if any, found thereon. Such record shall be maintained in a plain, legible handwriting in a bound book, which record shall be available for inspection by members of the police department at all reasonable times. S. 6701.8 LOSS OF REGISTRATION CARD OR LICENSE TAG. In the event any registration card or license tag is lost or stolen for any bicycle registered pursuant to this chapter, and the owner or person having charge or control of such bicycle fur- nishes satisfactory proof to the Chief of Police of such loss or theft, upon payment of the fee provided by Section 6701.5 of this chapter, the Chief of Police shall issue a new registration card and license tag. It shall be the duty of any owner or person having charge or control of any bicycle registered pursuant to this chgter, to notify the Chief of Police immediately of the loss or theft of such bicycle. TRAFFIC BICYCLES S. 6701.9 S. 6701.9 TAMPERING WITH FACTORY FRAME OR SERIAL NUMBER OR LICENSE TAG PROHIBITED. It shall be unlawful for any person to remove, destroy, mutilate, tamper with, or alter the factory frame or serial number on any bicycle, or the license tag affixed to the frame of any bicycle registered pursuant to the provisions of this chap- ter; provided, however, that nothing herein shall prohibit the Chief of Police from placing numbers or letters on frames of bicycles for purposes of identification. S. 6701. 10 TAMPERING WITH REGISTRATION CARD PROHIBITED. It shall be unlawful for any person to tamper with, destroy, mutilate or alter any registration card issued pursuant to the provisions of this chapter. S. 6701.11 BICYCLES. IMPOUNDING OF. No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route, walk- way, or path, or so as to block or impede, ingress or egress from any building, stair, pier, or bridge. Any bicycle so parked or left may be impounded by the Department of Harbors and Beaches or by the Department of Police, and may be held until the sum of Five Dollars ($5) has been collected to defray the cost of impound. (a) Any bicycle which has been so impounded and held for three (3) months without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such manner for the reasonable value thereof, as provided by Section 1254 of this code. (b) When any bicycle so impounded bears the license tag required by the provisions of this chapter, the impounding agency shall within seven (7) .days after impound send by regular mail a notification of impound addressed to the registered owner at the registered address. S. 6701.12 ENFORCEMENT. The Chief of Police shall have the right to impound and retain possession .of any bicycle being operated in violation of the provisions of Sections 6701 through 6701.11 hereof, and may retain possession of such bicycle until the provisions of such sections are complied with, and all fees provided by Section 6701.5 have been paid. If such bicycle is not claimed within three (3) months, it shall be deemed to be abandoned. S. 6702 RIDING ON SIDEWALK. No person shall ride a bicycle upon a sidewalk within any business district, or upon the sidewalk adjacent to any public school building, church, recreation center, playground or over any pedestrian over- crossing. S. 6702. 1 YIELDING RIGHT OF WAY. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian, : and when overtaking and passing a pedestrian shall give an audible signal. A person riding a bicycle off a sidewalk and onto a roadway shall yield to all traffic on the roadway. S. 6702.2 RIDING IN GROUP. Persons operating bicycles on a bicycle lane or path shall not ride more than two abreast. S. 6702.3 PARKING. No person shall park a bicycle upon a street other than against the curb, or upon a sidewalk other than in a rack or against a building. S. 6702.4 RIDING ON PIER PROHIBITED. No person shall possess any bicycle or any similar type vehicle upon the municipal pier at any time. 6/6/74 S. 6702.5 BICYCLES TRAFFIC S. 6702.5 BICYCLE LANES AND PATHS ESTABLISHED. The City Council hereby establishes those bicycle lanes and paths as designated on the Preliminary Plan; Trails Element to the Master Plan of the City of Huntington Beach, and as such Prelim- inary Plan; Trails Element to the Master Plan may be amended hereafter from time to time. S. 6702.6 IMPLEMENTING ESTABLISHMENT OF BICYCLE LANES AND PATHS. The City Admini- strator is hereby authorized, empowered and directed to implement the establishment of the bicycle lanes and paths, as designated on the Preliminary Plan; Trails Element to the Master Plan of the City of Huntington Beach, and as such Prelim- inary Plan; Trails Element to the Master Plan may be amended hereafter from time to time. S. 6702.7 BICYCLE LANES. MARKINGS AND ERECTION OF SIGNS. The Traffic Engineer is authorized to erect or place signs upon any street or adjacent to any street in the city indicating the existence of a bicycle lane or path, and otherwise regulating the operation and use of vehicles and bicycles with respect thereto. When such signs are in place, no person shall disobey the same. The bicycle lane shall be designated on such street by a four (4) inch wide reflectorized green and white dashed line, or in such other manner as the Traffic Engineer shall deter- mine will provide sufficient notice of the existence of such bicycle lane. S. 6702.8 BICYCLES REQUIRED TO BE OPERATED WITHIN BICYCLE LANES. No person shall ride or operate a bicycle upon a roadway adjacent to bicycle lanes which have been designated. S. 6702.9 DIRECTION OF TRAVEL. No person shall ride or operate a bicycle within a bicycle lane or path in any direction except that permitted vehicular traffic travelling on the same side of the roadway; provided that bicycles may proceed either way along a lane or path where arrows appear on the surface of the lane desig- nating two-way traffic. S. 6702.10 WALKING BICYCLES. Bicycles may be walked subject to all provisions of law applicable to pedestrians. S. 6702.11 VEHICULAR TRAFFIC IN BICYCLE LANES OR PATHS. No person shall park a motor vehicle across or on a bicycle path or lane except to obtain emergency parking where signs are posted prohibiting such parking. No person shall drive a motor vehicle upon or across a bicycle lane except after giving the right of way to all bicycles operated within the lane. S. 6702.16 PENALTY. It shall be unlawful for any person knowingly to violate, or knowingly to permit any other person to violate any of the provisions contained in Sections 6702 through 6702.11 of this chapter, and any person violating any of the provisions contained in such sections shall, upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed One Hundred Dollars ($100). S. 6702.17 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this chapter, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion or any future amend- ments or additions thereto, irrespective of the fact that any one or more sections, sub- sections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. TRA'FIC TAXICABS AND VEHICLES FOR HIRE S . 6800 CHAPTER 68 :TAXICABS AND VEHICLES FOR,HIRE Article 680 . ene Tal 681 --Certificate 682 -- Rates , Charges. 683 m Operation 684 m Owner 's Requirements 685 Driver's. Permit 686 m Permit -and Certificate. Nontransm. ferable ARTICLE 680 . GENERAL S , 6801 Definitions . For the'- purpose of this chapter, the ,words and phrases herein deiined. s*hall- be construed in accordance .with the following definitions , unless ' it .is apparent from the context that a. different meaning is - intended. Se 6801.1 Certificate, The term "certificate" shall mean a certificate of public convenience and. necessity. issued pursuant -to this Chapter. Se 6801. 2 .Taxicab. The term "taxicab" shall mean ..an ..automobile or motor-propelled vehicle with distinctive markings or color regularly engaged- in the -business of .carrying-:passengers for compensation or rates based upon distance traveled or' time elapsed upon .any public street :in the -City, not over a regular or defined route , and whether or not the operation extends beyond the boundaries of the City, ..S . 6801.3 Sight-Seeing .Automobileo The term "sight-seeing automobile shall mean a motor propelled vehicle used for the purpose of transporting :passengers over the streets for sight-seeing, showing points o U interest or exhibiting :lands , houses , . property or other things or objects when a fee is charged or compensation is obtained from -passengers or elsewhere . >So 6801.4 -Public Transportation Vehicle. The term "public transportation vehicle" shall mean a motor-propelled \ vehicle , not otherwise defined .in this section, used in the business of transporting passengers over the streets of �the City for hire, whether or not the oF_rations. extend beyond the boundaries of -the City. i Ss 6811 -`. TAXICABS_:AND -UBHTCLES FOR HIRE TRAFFIC ARTICLE 681 CERTIFICATE S . 6811 Certificate Required. No person shall solicit or pick up passengers Iin the City, or engage in the business of operating any of the vehicles defined in Section 6801 .within the City, without having first obtained a separate certificate of public con- venience and necessity for each such business , as required by this Chapter; provided, however, that .no such certificate - issued by the. City shall be required for any operations for -which a certificate of public convenience and necessity is-needed and has been granted by the Public Utilities Commission of the State of California. So 6811.1 Application for-Certificate . An application for a certif- icate shall be filed with the City Clerk upon forms provided by the City. The application must be signed by the applicant and be accompanied by a fee .of Twenty-five Dollars ($25000) , p1us , Ten Dollars ($10000) for each vehicle the : applicant .proposes to use in the business , and shall contain or be. accompanied by the following information : (a) The ,name and address of the applicant, and, if the same be a corporation, . the names of!Jts principal officers , of, if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, .with .the address of each. (b) A complete schedule - of the rates proposed to be charged for each .type of vehicle. (c) A description of every motor vehicle.-which the : applicant_. proposes to use , including .trade name, motor or serial number, state license number and body style, (d:) The location .of the business and the place where the applicant proposes to keep such taxieab or ambulance while not actually engaged. (e) The distinct color scheme , name, monogram and- insignia which shall be used on each taxicab, ambulance or other vehicle. (f) The -name of the legal and registered owner of each such vehicle, (g) A balance :sheet- showing the financial status of the applicant, including assets , liabilities and specifically the amounts of all unpaid judgments:, against the applicant, and the nature of the transaction or event giving rise to such Judgmentsoo (h) The experience :of the applicant in the business or businesses for / which he is seeking . a certificate or certificates . (i) Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate. - (j ) Such further information as the City Clerk may require , 1rc�►r'r'IC TAXICABS AND .VEHICLES FOR HIRE S o 6612 S � 6812 Investigation and Hearin&o Jpon receipt of any such application for a certificate , the City Clerk shall, upnn determining the application to be in order,.re'fer the matter to the Chief of Police for investigation. In the course of the investigetiont., the Chief 'of Police shall inspect. the vehicles and equipment and may require the applicant or any person named in the application to be. photographed and fingerprinted.. The Chief of Police shall complete his investigation within thirty days , unless prevented from doing so by lack of- cooperation of the applicant or other person named in the application, and shall report his findings to the City Clerk regarding ;the moral character of the applicant and other persons named in the application and the adequacy and safety of the vehicles with respect_ to cleanliness , equipment, _ safety devices , brakes , lights and obsolescenseo Upon receipt of the -report, the City Clerk shall set ,the same for hearing before the City Council. The City Clerk shall give notice of. the time. so set at least five days before the date . of the hearing to the applicant by mail at the address set out in -such application, and to all persons to whom certificates of public convenience and necessity have 'been theretofore issued;., The City Council shall render its decision within sixty days after the matter if first set for . hearing before it. So 6813 Issuance of Certificates . At the time set for the hearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate ' applied for, and if it is found by the Council that the public interest, convenience and necessity require the issuance . of the certificate applied for, it shall order the City Clerk to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in Section 6815 , and subject to such conditions as may be imposed by the City Council, including the minimum and maximum number of vehicles that may be used. Sr 6814 ' _Grounds for Denial of Application, If the City Council finds any of the following conditions to exist it shall deny the application: i (a) 'That the application is not in the form- and does not contain the information required to be contained therein by this Chapter, (b) That the equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used. (c) That the color scheme, name, monogram or insignia to be used upon such vehicles or in the business resembles the color scheme, name, monogram or insignia used by another person, firm or corporation in the same business in the City and therefore may tend to deceive or defraud ; the public , (d) That the applicant has within the ' past two years had an application for such a certificate denied for cause. 1/10/74 S. 6814(e). TAXICABS 'AND VEHICLES FOR HIRE TRAFFIC (e) That there is a sufficient number of vehicles of the type described in the application operating in the City to fully .serve the public, that the granting _ of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, or that the best interests of the public do not demand and necessity does not require the issuance of such permit. S. 6815 LIABILITY INSURANCE. Subject to all other applicable regulations and' conditions under which it is issued, the certificate shall authorize the conduct of the business only during the time the certificate holder has on file with the City Clerk a document issued by an insurance company evidencing that the certificate holder is insured under a liability insurance policy providing minimum coverage in the following amounts: 1. COMBINED SINGLE LIMIT BODILY INJURY AND/OR PROPERTY DAMAGE INCLUDING PRODUCTS LIABILITY: $1,000,000 aggregate. 2. ADDITIONAL INSURED ENDORSEMENT: The insured agrees that the City of Huntington Beach, and/or members of the Huntington Beach City Council, and/or all City Council- appointed groups, committees, commissions, boards and any other City Council- appointed body; and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional assureds hereunder. 3. HOLD HARMLESS AGREEMENT: The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor arising out of or in con- sequence of the performance of all operations covered by this certificate. Such document evidencing insurance shall provide that the city shall be given thirty (30) days prior wirtten notice of any cancellation, termination or change in the amount of such insurance coverage. (1882-12/73) S. 6816 GROUNDS FOR REVOCATION. Any certificate or permit granted under the provisions of this chapter may be revoked by the City Council, either as a whole or as to any person or vehicle described therein or as to the right to use any distinctive color, monogram or insignia, after five (5) days notice to the certif- icate holder requiring him to appear at a certain time and place to show cause why the certificate should not be revoked, for any of the following reasons: (a) That the document required by Section 6815 has not been filed or has been with- drawn or lapsed or is not in force for any reason. (b) For the nonpayment of any City business license or other fees provided by this Title. (c) For the breach of any rules, regulations or conditions set out in this Code or the certificate. I (d) For the violation of any of the laws of the State of California or the City with respect to the operation of the business by any certificate holder, or repeated viola- tions by operators or drivers of any vehicle covered by such certificate. (e) For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application. • TRAFFIC. TAXICABS AND VEHICLES FOR HIRE ' S. 6816(f) (f) For any cause which the City Council finds makes .it contrary ,to the public health, interest, convenience, necessity or general we°lfare for the certificate or permit to be continued. S. 6817 CHANGES OF OPERATION. In the event any certificate holder desires to change the color scheme or any monogram or insignia used .on a vehicle, or to substitute any vehicle for a vehicle described in the application, or to increase or decrease the number of vehicles used, application to the City Council shall be . made for permission to do so, 'and the City Council shall grant such permission if it deems the public interest, convenience and necessity will be served by the change, and if the certificate holder has complied with all the provisions of this Chapter. If application is made to increase the number of vehicles, payment of the annual vehicle fee for each additional .vehicle requested shall be made at the time of application. Fees tendered for additional vehicles which the City .Council does not permit shall be refunded. No refund of the annual vehicle fees paid shall be .made when the City Council grants permission to reduce the number of vehicles. ARTICLE 682 RATES' - CHARGES S. 6821 RATES OR CHARGES. S. 6821. 1 TAXICABS. Each person seeking .a certificate of public convenience and necessity for the operation of taxicabs in the City shall file a pro- posed schedule of rates. The City Council shall by resolution establish a schedule of rates applicable to all taxicabs and may, upon its own motion or upon the applica- tion of any person holding a certificate of public convenience and necessity, modify or amend such schedule. No rates shall be established, modified or amended without a hearing before the City Council. Written notice of the hearing shall be given- to each certificate holder at least five days before the hearing and the City Council may direct other notice be given as it deems necessary. S. 6821.2 OTHER VEHICLES. Each person holding a certificate of .public convenience and necessity for .the operation of vehicles other than taxicabs shall file a proposed schedule of -rates with the City Clerk. The schedule of rates shall be submitted to the City Council for approval and no change shall be made in any rates approved by the City Council without prior approval by the City Council. No person shall charge rates other than those so approved. No hearing is necessary for the approval of these rates or changes therein. 1/10/74 e vacs TAXiuAnS AND VEHICLES �"UR HIRE TRAFFIC S . 6822 Annual Vehicle Fee . .Each holder of a certificate issued hereunder shall pay an annual fee for - each fiscal year-or portion of a fiscal year for each vehicle operated in accordance with the following schedule : For one taxicab $100.00 For each additional taxicab 30.00 For one vehicle other than taxicab, defined in Section 6801 25..00 For each additional vehicle other than taxicab so defined 10.00 The fees- are due July 1st of each year and if not paid. become delinquent August 1st of each year. S . 6823 Refusal to Pay Fare . No person shall refuse to pay the legal ' fare for the hire of any taxicab, after having hired the same. No person shall hire any vehicle described in this Chapter with the intent to defraud the person from whom it is hired of the charges or fare . ARTICLE 683 OPERATION S . 6830 Cruising Prohibited. No driver of a vehicle, other than- a taxicab, defined in Section 6801, shall cruise in search of passengers . S , 6831 Taximeters . All taxicabs operated under the authority .of this Chapter shall be equipped with taximeters of a type and design approved by the Chief of Police, located in the vehicle so as to render the figures visible to the passengers at all times of the day or night , and after sundown the face of the taximeter shall be illuminated. No other fare shall be charged than is recorded on such taximeter. Such taximeter shall be subject to inspection from time to time by the Chief of Police or his authorized representative, and the Chief of Police shall compel the owner to discontinue the operation of any taxicab in which the taximeter is found to calculate inaccurately until such taximeter is replaced by one approved by the Chief of Police or is adjusted to his satisfaction. S . 6832, Identification Lights for Taxicabs . Each taxicab shall be equipped with a single light on top of- the vehicle to be lighted to indicate the vehicle is available for hire. I TEWPFIG' ` TAXICABS 'AND VEHICLES FOR HIRE ' S o 6833 01 So 6833 Operation of Taximeter. No driver of a taxicab shall fail . .. to engage - the -taximeter -at the beginning of a trip -when the taxicab is hired by a ..passenger or fail to promptly disengage the meter at the termination of :the service. . IS . 6833.1 Registered .Fare .- Request for -Receipto ... No driver shall charge any fare or fee other than that registered on the taximeter or -fail or refuse to give a receipt for -the amount charged upon the request of the person paying the fare. S , . 6834 Standing Taxicab on Public Street. No person shall cause or'-permit a taxicab to remain standing upon any portion of any. public street within the City, except for loading .and unloading ' passengers , and. theri .not for a period of more than five minutes , ex- cepting :at such stands as may be designated by the City Council. This subsection shall not apply to any taxicab -while the same is engaged by and being. .paid .for -by a passenger. :L 6835 Right of Exclusive Taxicab -Use -by Passenger. No operator or owner of any taxicab shall solicit or carry any additional passenger after such taxicab has been engaged, or while in use by a passenger, without the consent of the passenger first engaging the same having .first been obtained. A passenger or -passengers engaging such taxicab shall have the exclusive right to full and unimpaired use of A, the .•passenger.. compartmen .and the whole thereof, if he desires the same ° So 6836 Direct" Route Requirement. No ,person who is the driver of any taxicab shall carry any passenger to his destination by any route other -than the most direct and accessible route . So 6837 Advance Taxicab License for Fee Payment Required. No person shall .operate any taxicab business without pre- paying any license fee required by the City for the transaction of any such business . So 6838 Solicitation of Taxicab Passengers . No driver of a taxicab shall leave the .side of his vehicle to solicit passengers in a louder tone of voice than that used in ordinary conversation, -.IS . 6839 Taxicab Mechanical Condition. No person shall operate -a .taxicab that :is not in ,.good mechanical condition. S- 6;840 TAXICABS AND NEHICLFS FOR HIRE TRAFFIC ARTICLE 684 OWNER REQUIREMENTS :So 6840 Taxicab Driver's License and Permit. No person shall drive a taxicab in the City without first having obtained a taxicab driver's permit. issued by the Chief of Police, as provided in this Chapter. •, S. �61841 Posting of Required Information -in Taxicabs . Every taxicab shall have visibly posted in -the-passenger 's compartment a schedule of -rates and charges for -the hire of said vehicle established by -the-City Council, a card bearing the driver's name and address as hereinafter :provided, and another card bearing . the owner's name , address and telephone number, the cab number and the City Police Department telephone number, all contained in a small metal container or holder, at -least three by four inches in size :and:placed . in -a conspicuous place in the passenger compartment. . S , 6842 Taxicab Charge Regulation, No charge shall be made by a driver or operator of a taxicab lower -than or -in excess of the rates posted in .the passenger compartment of the taxicab. A - flat rate which :is less than ,but not -in excess of the roundtrip meter rate, plus waiting time, may be charged for trips outside -the -City of Huntingt.on .Beach, `where .the one®way distance of the trip -is greater -than .six miles . S . 6843 Maintenance of Taxicab Passenger Compartment. No taxicab shall be operated unless the -passenger compartment..is kept. -in a clean and .sanitary condition. S , 6844- Fire Extinguisher for -Taxicab. Every taxicab shall be equipped at all times with a standard type fire extinguisher in good working .condition. So 6845 Certificate and License Required for 'Taxicab Operation. . No - person shall solicit or -pick up passengers for -pay within the City for trans-pektatibn iri'-.any cab; taxicab, automobile, station wagon or bus who is not licensed by �and carrying .a certificate to do so .fr.om the City Council, except passengers for buses operating under authority of the Public Utilities Commission. S ,6 846 'Taxicab -Identification. Every certificate holder shall designate each,of his taxicabs by number, and no ,-two (2) taxicabs of any certificate holder shall be designated by -lie same number, -The -name -or trade name of the certificate holder and the number by which the -taxicab . is designated shall be printed, stamped or :stenciled conspicuously -on the outside of each taxicab and in 'the 'passenger compartment thereof. . So 6847 Twenty®four Hour -Service Required. No person who operates .a taxicab business or -an -ambulance business shall -fail to provide taxi service and ambulance service, . respectively, for twenty-four (24) hours a day and- seven (7) days a week. ,.TRAFFTC'- TAXICABS :AND VEIICLES FOR::'HIRE S 6-851 ARTICLE 685` DRIVER'S PERMIT S . 6851 Application, No ,person shall drive or operate any vehicle describedAin �this Chapter -in the City without first. obtaining :a ,permit:in writing so to do from the Chief of -Police. Any-person desiring to .obtain such driver 's- permit shall .make- a written appl1cation •therefor -to the Chief of =Police accompanied by a fee of Five- Dollars: ($5-.00)::. . -No_ permit shall-, be issued :to any person, under the •age of -eighteen- (l8) years , to any:.person not. a citizen of the United States unless- such: person has lawfully declared his intention of becoming .such-,: or-to any. person- who is incompetent or for any reason:.whatsoever. unable to safely handle such vehicle. No permit shall be_ issued to. any°. person who has been convicted of a felony,. or --wi-thin the period .of--two--years -immediately preceding such application has been convicted of: reckless driving or driving .a vehicle upon a highway while -under:- the: influence of- intoxicating .liquors or drugs , or who has- been convicted of violating any provisions of the Alcoholic Beverage Control-: Act of the State of California, unless such person shows to the satisfaction of the Chief of Police that issuing .a driver'& permi.t: to him would not in any way be contrary to the public interest-, welfare' or- s1afety-. Each- such -applicant shall demonstrate his skill and- ability -to safely handle his vehicle in driving it through the crowded- s-ectionsz- of- the City accompanied by an inspector designated by the Chie-f' of'-Police-. No: driver-'s permit- shall be granted to -any person ,who is not o.f:..a, good moral -character or who cannot speak the English language--or- who does. not hold a chauffeur 's license -issued by the Motor Vehic.le :Department of- the State, or -who is. not sufficiently acquainted with- the. laws- or ordinances regulating the operation of motor vehicle, Any falsification on the application for said-permit will be grounds for- refusal of the =permit. So 6852 Personal .Appear-ance. Before a permit is granted to any applicant,.. the applicant shall present himself to the Police Department, - be photographed or furnish an acceptable photograph, and be fingerprinted, and .such photographs and fingerprints shall be filed with the permanent records of the Police Department. _:S . 6853 Temporary Permit. Pending the completion of the investigation of :an applicant, the Chief of Police may grant -a temporary permit to a person who has made application .for a driver's permit and appears to be qualified for such permit, The temporary, permit -shall automatically expire sixty (60) days from the date it was issued or upon issuance of a regular drivers permit. The Chief of Police shall summarily revoke any temporary -permit -when he determines not- to: issue a driver 's.:permit to the applicant. TAXICABS AND VEHICLES FOR .HIRE TRAFFIC . So 6854 Identification ,Card. Upon obtaining the regular :permit, the driver or operator -shall at all times keep posted in .full view in the vehicle operated by him an- identification card furnished "by the Chief of 'Police, which shall have plainly printed thereon the name of the driver or operator, his business address and telephone number, his permit .number and his photograph. - So 6855 Term!.-. Renewal, All driver's- permits shall -expire at the end of the .calendar -year -for -which issued. Applications for renewal shall be made ,on or before December first of each year for .the following -.calendar -year. . If so made within the period prescribed the charge for -renewal shall be Two Dollars ($2a00) o The permits are . personal and nontransferable, So 6856 Revocation, The Chief of Police may revoke or -suspend any such driver's permits so- issued for any -violation of the provisions of this Chapter by the holder of .such -permit or for the existence of any state of facts which -would have been a :good reason .for denying .such -permit when applied .for, whether such facts existed at the time -application -was -made -for such permit or came-into existence thereafter. So 6857 Ap2eal. In the event of a refusal, revocation or suspension of any driver 's permit by the Chief of Police, the applicant or- permittee may appeal from the decision to the ,City Council, which may in its discretion -.affirm, reverse or -modify the decision made •by the Chief of Police, . ARTICLE 686 PERMIT AND CERTIFICATE :NONTRANSFERABLE S . 6861 Permit and Certificate Nontransferable. No certificate or :-permit- issued under the terms of this Chapter shall be transferable -either -by contract or -operation of law without the permission of the City Council having been first obtained. TRAFFIC SELF-PROPELLED WHEELCHAIRS S. 6901 CHAPTER 69 SELF-PROPELLED WHEELCHAIRS OR INVALID TRICYCLES ON SIDEWALKS (107 ARTICLE 690, OPERATOR 'S PERMIT 691. REGISTRATION 692. SAFETY INSPECTION AND DECAL 693. SPEED LIMIT 694. RIGHT OF WAY 695. DISTANCE FROM BUILDINGS 696. PARKING ON SIDEWALKS 697. APPLICABILITY OF CHAPTER 698. VIOLATION ARTICLE 690 OPERATOR 'S PERMIT S. 6901 Operator ' s Permit. No person shall operate any battery operated vehicle upon the sidewalks of the City of Huntington Beach without first obtaining an operator ' s permit from -„� the City Police Department. Such permit shall be issued only when the Chief of Police, or his designated subordinate, is satisfied that requirements of this ordinance are met. S. 6901.1 Application for Permit. Application for said permits may be obtained and filed with the Police Department. S. 6901.2 Certificate of Physical Qualifications. Any application for such permit shall be accompanied by a Certificate of Physical Qualification setting forth the applicant ' s physical qualifications to operate such a vehicle to be completed and signed by a medical doctor. Blank certificates -may be obtained from the Police Department. S. 6901.3 Evidence of Disability. Any applications for such permits shall also be accompanied by sufficient evidence to satisfy the Chief of Police, or his designated subordinate, that the applicant is incapable of the physical exertion necessary to walk upon the sidewalks so as to conduct normal business and social activities. S. 6911 SELF-PROPELLED WHEELCHAIRS TRAFFIC ARTICLE 691 REGISTRATION S. 6911 Registration. All battery operated vehicles known as Self-Propelled Wheelchairs or Invalid Tricycles which are operated upon the sidewalks of the City of Huntington Beach shall be registered with the City Police Department, ARTICLE 692 SAFETY INSPECTION AND DECAL S. 6921 Safety Inspection. No battery operated vehicle shall be permitted to operate upon the sidewalks of the City of Huntington Beach until said vehicle has received a safety inspec- tion by the Police Department and has received a decal indicating it has complied with all safety requirements , as established by the Chief of Police. I S. 6921.1 Inspection. Decal. The Safety Inspection Decal shall be displayed in a prominent place upon the vehicle at all times and be of such color and design to be easily seen by pedestrians. ARTICLE 693 SPEED LIMIT S. 6931 Maximum Speed Limit. The maximum speed limit for all battery operated vehicles upon the sidewalks of the City of Huntington Beach shall be three miles per hour. ARTICLE 694 RIGHT OF WAY S. 6941 Right of Wa The operators of battery operated vehicles upon the si ewalks of the City of Huntington Beach shall at all times yield the right of way of pedestrians. TRAFFIC SELF-PROPELLED WHEELCHAIRS S. 6951 ARTICLE 695 DISTANCE FROM BUILDINGS S. 6951 Minimum Distance from Buildings. All battery operated vehicles driven upon the sidewalks of the City of Huntington Beach shall, during their operation, maintain at least a five (5) foot clearance from all buildings. ARTICLE 696 PARKING ON SIDEWALKS S. 6961 Parking on Sidewalks. No person shall stop, park, or leave standing, whether attended or unattended, any self-propelled wheelchair or invalid tricycle upon the sidewalks of the City of Huntington Beach in such a position as to obstruct the complete width of the sidewalk. ARTICLE 697 �- APPLICABILITY OF CHAPTER S. 6971 Chapter Applies Only to Sidewalks. The regulations and controls set forth in this Chapter shall apply only to operators and vehicles while upon the sidewalks of the City of Huntington Beach. ARTICLE 698 VIOLATION S. 6981 Violation a Misdemeanor. Any person who violates or fails to comply with the provisions of this Chapter is guilty of a misdemeanor. S. 6981.1 Penalty. Any person convicted of a misdemeanor under the provisions of this Chapter shall be punishable by imprisonment in the City Jail of the City of Huntington Beach, if there be one, or in the County Jail of Orange County, as the Judge of a court of competent jurisdiction may direct , not exceeding six (6) months , or by fine not exceeding Five Hundred Dollars ($500.00) , or by both such fine and imprisonment. PUBLIC PLACES DIVISION 7 DIVISION 7 PUBLIC PLACES CHAPTER 70. GENERAL 71. STREETS 72 . STREET WORK 73 . SIDEWALKS 74. BENCHES. 75. BEACH AND PIER 76 . HARBORS 77. PARKS 78. PUBLIC BUILDINGS 79. PARADES r PUBLIC PLACES GENERAL : S . 7011 CHAPTER 70 GENERAL ARTICLE 701. DRESSING :IN 'PUBLIC 702. CITY 'PROPERTY '703 . WARNING LIGHTS & -BARRICADES ARTICLE 701 DRESSING IN PUBLIC -:5, 7011 Dressing in -Public Places . It' is unlawful to. change clothes in any -public -restroom -or public place -in this City. (542) ARTICLE 702 CITY PROPERTY -S . 7021 Damaging of City Property. Every person .who. willfully writes upon, paints upon or draws upon, defaces , cuts , or mutilates any building, street, sidewalk, lamppost_, pole.., bench, chair, table , or other property belonging to ,this City: is guilty of a misdemeanor. (477) ARTICLE 703 WARNING :LIGHTS AND BARRICADES S . 7031 Warning Lights & -Barricades Required. It shall be the duty of every person, firm or -corporation -placing or causing to be placed any building, stand-, counter., _ lunch wagon, .wa.gonm stand, - band stand, structure, building material, -gravel, dirt, exca- vation, or other -obstruction on any street, alley or sidewalk to erect and maintain .barriers , warning .flags and signs at .all times at- each end and at intermediate points of such excavation or -fill and at -such places as may be necessary as adjudged by the Director of Public Works along the excavation fill, walkways and vehicle :or pedestrian ways to.-prevent accident, and also to •place and maintain lights at each end of such excavation or -fill and at distances of not more than 50 -feet along the line thereof from sunset each day to -sunrise of the next day, until such obstruction is removed.. In case of neglect or refusal of such person to do so, the Director of Public Works shall have such necessary barriers and lights placed along the line of said obstruction. In such event, the expense of such precautionary action - -- shall be charged to, and collected from, the permittee ,or contractor according to the following .fee - schedule : - .S . 7031 (1-) GENERAL PUBLIC PLACES to Replace or Relocate Warning Devices . $1.00 _per barricade or -light -per day plus labor and equipment - cost. The minimum charge -_per emergency call-out is $25.00. The contractor or permittee shall replace City owned barricades within 48 hours . 2. Ae.pa. r of Damaged Facilities Which Result in Hazardous Conditions . Actual costs for labor_, materials and equipment plus 15% overhead costs : The minimum charge per emergency call-out is $25.00. All fees charged shall become a debt in favor of the City and every person liable shall be amenable to action therefor in any court of competent jurisdiction, No action by the City shall be construed as relieving the__person -responsible for the existence of any obstruction from any of his obligations under -this section, (1362) PUBLIC PLACES STREETS . S. .7111 CHAPTER. 71 STREETS ARTICLE 711. DATUM PLANE 712. HOUSE NUMBERS 713. UTILITY STRUCTURES 714. SHADE TREES ARTICLE 711 DATUM PLANE S. 7111 Datum Plane -Established. The horizontal plane at the elevation of low tide of the Pacific Ocean-, being the zero elevation used by the United States Coast and Geodetic Survey in this vicinity, is hereby fixed and established as the datum plane of this City, from which to measure and calculate the ele- vation for grades of the avenues and streets of this City, and for other purposes. (33) S. 7112 Bench Mark. The top of the head of that certain iron bolt in the curb at the Northerly corner of Ocean Avenue and Main Street in this City is hereby established as the official bench mark of this City and is hereby declared to be 30.18 feet above said datum plane". (33) ARTICLE 712 HOUSE NUMBERS S. 7121 Prescribed Numbering Required. All entrances from the public streets or highways of this City to buildings shall be numbered as hereinafter provided and not otherwise. S, 7121.1 Location of Numbers. The number of ,each and every en- trance shall be placed upon or immediately above the door -orgate closing such entrance. S. 7121.2 Size of Numerals. Each figure of said numbers shall be at least two inches (2" ) in height and of correspond- ing width. (82) S. 7121.3 Duty to Designate Numbers. It shall be the duty of the City Engineer to designate the respective numbers for buildingq:-in this City, on request. (82) S. 7121.4 Determination of Number. The location of the door- way of the building shall determine the number to be used. (82) S. 7121.5 STREETS PUBLIC PLACES S. 7121.5 Numbers West of Railway. In all parts of the City lying West of the right of way of the Southern Pacific Railway Company, buildings shall be numbered as follows : S. 7121.6 Even Numbers. On the Northeast side of avenues and on the Southeast side of streets , even numbers shall be used. S. 7121.7 Odd Numbers. On the Southwest side of avenues and on the Northwest side of streets, odd numbers shall be used. (82, 124) S. 7121.8 Numbers East of Railway. In all parts of the City lying EasT of The right of way of the Southern Pacific Railway Company, buildings shall be numbered as follows : S. 7121.9 Even Numbers. On the East side of avenues and on the South si a of streets , even numbers shall be used. _ I S. 7121.10 Odd Numbers. On the West side of avenues and on the orth side of streets , odd numbers shall be used. (82 , 124) S. 7121.11 Initial Even Numbers. The even numbers in each block shall begin with a number having two (2) for its unit number and having zero for its ten part. S. 7121.12 Initial Odd Numbers. The odd numbers in each block shall begin with a number having one (1) for its unit number, and having zero for its ten part. (82, 124) S. 7122 Progression West of Railway. In all parts of the City lying West of the rijFT of way of the Southern Pacific Railway Company, numbers shall increase from the Southeast towards the Northwest on •avenues 'and from the Southwest towards the North- east on streets. S. 7122.1 Progression East of Rai lwa In all parts of the City lying East of the right of way of the Southern Pacific Railway Company, number's shall increase from South towards the North and from West towards the East. (82 , 124) S. 7122.2 Ratio of Numbers to 'Fronta e: Narrow Lots. In all parts of The City, one number shall be allotted to each lot having a frontage of not more than forty feet (40' ). S. 7122.3 Wide Lots. In each lot or parcel of land having a frontage of more than forty feet (401 ) one number shall be allotted to each twenty-five feet (25 ' ) or fraction thereof, of such lot or block. (82, 124) I PUBLIC -PLACES STREETS S. 7123 S. 7123 Determination of Hundreds : .-. -East of Railway. The hundred part of each number shall be determined on the East side of the right of way of the Southern Pacific Railroad Company as follows : S. 7123. 1 Avenues : Boulevards. Avenues and boulevards shall be numbered in hundreds- according to the hundred number of the respective block numbers at any designated -point. S. 7123.2 Streets. Streets shall be numbered in hundreds accord- ing to the "tens' and units" part of the respective block numbers at any designated point. (82) S. 7124 West of Railway. The "hundred" part of each number shall be determined on the west side of- the right of way of the Southern Pacific -Railroad Company as follows : S. 7124.1 Avenues. Avenues shall be numbered in hundreds accord- ing to the tens and units number of the respective block numbers at any designated points. S. 7124.2 Streets. Streets shall be numbered in hundreds accord- ing to the "hundreds" part of the respective block numbers at any designated point. (82) S. 7125 Irregular Numbers. In any case not provided for in this Article, the City Engineer shall designate -.the number to be used. (82) S. 7126 Violation. Any person who shall not obtain from the City Engineer the number for any building in this City he may own or occupy and place said number -as required by this Article shall be deemed guilty of a misdemeanor. (82 , 124) I S. 7131 STREETS PUBLIC PLACES ARTICLE 713 UTILITY STRUCTURES S, 7131 Pies, Conduits. Manholes to Conform. All sewer, water mains , gas mains , electric conduits , and any other pipe or, conduit lines or manholes, are hereby required to be laid in accordance with the following rules : S. 7132 Alleys. Alleys shall be used for -all pipes , conduits , mains , :and manholes , where possible. S. . 7132.1 Plans , Profiles. Plans and profiles for the same, sh-owing location, depth, and size, shall be filed with the City Engineer in the office of the City Clerk for record, and approved by the Council before work is commenced. S.- 7132.2 Supervision by City Engineer. All of said work shall be constructed and built under the supervision and direction of, and to the satisfaction of, the City Engineer. (103) S.i7133 Water Mains , Laterals. Water -mains and laterals shall be laid with their center lines in the center lines of alleys or streets. (103) S.1. 7134 Sewers. Sewers shall be laid with their center lines three feet southwest in northwest streets and alleys, and three feet northwest in northeast streets and alleys , and three feet south in east-and-west streets and alleys , and three feet west in north-and-south streets and alleys , measured from the center lines . of; said streets and alleys. (103) S, 7135 Gas Mains , Laterals. Gas mains and laterals shall be laid with thelLr center lines three feet from the center lines of streets and alleys on the opposite side from sewers. (103) S. � 7136 Electric Conduits. Electric conduits shall be laid with their center lines five feet from the center lines of streets and alleys , and on the same side as sewers. (103) S. 7137 Other Conduit or Pipe. Any other conduit or pipe shall be laid so that the center line will be five feet from the center line of the street or alley, and on the same side as the gas mains and laterals. (103 ) S. : 7138 Mains in Streets. Where mains must be run in streets, on account of there being no alleys available, special locations for -the lines on :elther -or both sides thereof, or in the parking strip of the sidewalk, may be made by permission of the City Engineer and the Council. (103) S. : 7139 Violation: Cancellation of Franchise. Any person holding a franchise in this City for the purpose of conducting any public utility, who shall be guilty of the violation of any of the provisions of this Article, shall, in addition to other penalties, be subject to have any such franchise cancelled and annulled by the Council. (103) i PUBLIC PLACES STREETS S. 7141 ARTICLE 714 SHADE TREES S. 7141 State Act Adopted. The -provisions of Statutes of 1893 page 153, -as amended by 'S'tatutes 1909, page 331, entitled "an act to provide for the planting, maintenance and care of shade trees upon streets , lanes , alleys , courts , and places within munici- palities , and of hedges upon lanes thereof; also for the eradication of certain weeds within City Limits ," are adopted by this City; and this City and all inhabitants and property therein are subject thereto. (51) PUBLIC PLACES STREET WORK S. 7211 CHAPTER 72 STREET WORK ARTICLE 121. GENERAL 722. REPAVING ARTICLE 721 GENERAL S , 7211 Unauthorized Poles , Wires, Pipes . It is unlawful for any person without a franchise or other authority from the Council, to erect any telegraph, telephone, electric light or transmission poles on any walk, street, alley or public place in this City, or to stretch any wires along or across said streets ; or to lay any gas , oil or water pipes , or other pipe lines along or across any streets in the City . (19, 292) S 7212 Permit for Structure in Public Place . It is unlawful for •any person to .obstruct any street, alley, sidewalk or. public place, within this City, by placing thereon or. therein any building, stand, counter, lunch wagon, wagon stand, bandstand, structure , building material, gravel, dirt, excavation, or obstruc- tion of any kind whatsoever, •without a permit having first been issued therefor as hereinafter provided. (19) So 7213. Obstructions, Fluids in Public Places . It is unlawful for any person to obstruct any street, alley, sidewalk or public place within this City, to cause, . allow or permit, either willfully or negligently, to be placed or to flow or run or be thereon or therein, any oil asphaltum, tar, hydrocarbon substances , or any mud, residue or byproduct from the drilling of any oil well or any other substances which interferes with the free and safe use of said street , alley, sidewalk or public place whatsoever. (19, 234) S , 7214 Presumptions .' For the purpose of the preceding section, any of the substances hereinabove mentioned which shall flow, .run or be deposited from any private premises or oil well, or sump hole or the property surrounding the same into, upon, over or accross any public street , alley, sidewalk or public place , shall be presumed to so flow, run or be deposited in, upon, over or across such public street, sidewalk, highway or alley by the willfull negligence and carelessness of the persons , firm, corporation or syndicate having control of the management; -operation, drilling or . handling of such well , sump hole or adjacent premises and also by the negligence and carelessness of the superintendent or man in actual superintendence of the handling of such well, sump hole or premises . (19, 234) 4/4/74 S. 7215 . STREET WORK PUBLIC PLACES S. 7215 Permit for Obstruction in Public Place. Any person, firm or corporation desiring to engage in any trade or business or .to move or construct a building, make repairs, or to perform any other uD rk by which it may become necessary to place any such building, stand, counter, lunch wagon, wagon stand, bandstand, struc- ture, building material, gravel, dirt, excavation or other obstruction upon or in the streets, alleys, sidewalks or public places within this City, must first obtain a permit from the Superintendent of Streets to place any obstruction as hereinabove mentioned; upon or in said streets, alleys, sidewalks or public places. (19, 577) S. 7215. 1 Issuance of Permit: Fee. The Superintendent of Streets may issue such permit upon the payment of the sum of Five Dollars ($5.00) to the City therefor. (19, 577) S. 7215. 2 Free Permit to Franchise Holder. In the event the person, firm or corporation making such application is the owner or holder of a franchise or reservation of interest in said street, alley, sidewalk, or public place to keep or maintain any pipeline, telephone line, or pole system in or upon any of said public streets, alleys, sidewalks, or public places of said excavation is for the purpose of connection with sewer, water or gas pipe line by such person then and in that event, said application and permit may be granted without charge. (19, 577) ' S. 7216 Violation: Nuisance. Any person, firm or corporation who shall violate any .of the provisions of this Chapter shall be. deemed guilty of a .misde- meanor; and the obstruction so maintained shall be deemed to be a public nuisance and be treated as such. (19) S. 7217 Licensed Contractor Required. No work .of any kind shall be done or performed upon any street, sidewalk, alley, curb, sewer, or gutter in the City of Huntington Beach, except it be done according to specifications adopted by the City Council of the City of Huntington Beach and by a contractor licensed by the State of California to -perform that class of work. (745) S. 7217. 1 Permit Required. Before any work mentioned in Section 7217 of this Ordi- nance may be commenced, the contractor doing such work must obtain a permit to do such work. (745) S. 7217.2 Permit Issuance. The Superintendent of Streets may issue such permit upon the payment of the sum of Ten Dollars ($10) , or the sum calculated upon the following schedule, if said calculated sum exceeds Ten Dollars ($10) : (a) Driveway - 3C per square foot. (b) Sidewalk - 3e. per square foot. (c) Pavement - 3� per square foot. (d) Curb or curb and gutter - 15� per lineal foot. (e) Cross gutter - 5C per square foot. (f) Alley gutter - 5C per square foot. (g) Manholes and catch basins - $20 each. (h) Trees - $5 each. (i) Landscape and irrigation-.5o, per square foot. (j) Sewer - 30C per lineal foot. (k) Water - 30� per lineal foot. (1) Utilities and oil lines - 20� per lineal foot. (m) Storm drains - $1.00 per lineal foot. (745, 998, 1903 - 3/74) i l' j PUBLIC PLACES STREET WORK S., 7217.3 S... 7217.3 Supervision and Inspection: The said work shall be done. then. under the inspection and supervision of. the Superintendent of Streets .of the City of Huntington. Beach, and the said Superintendent of Streets shall have and is hereby granted authority to prevent the performance _or doing of any of 'the said work mentioned i-n" Section 7.217 of this Ordinance, unless the said work be done in accordance with the provisions of this Ordinance. (745) S. 7217.4 Appeal to Council: In the event -the Street Superinten- dent refuses for any reason to issue a . permit, the applicant may petition the City Council,. in writing, for -a hearing. to consider said' request. (745) • i a i 4/4/74 S. 7221 STREET- WORK PU13LIC PLACES ARTICLE 722 REPAVING S: 7221 PAYMENT TO REPLACE. SURFACE. Each person, -firm or corporation having authority from the Council, as provided in Section 7221, to cut, remove, excavate in, upon or:along any pavement of improved street,- alley, sidewalk, curb or other public place in this city and/or to cut, remove or excavate in, upon or along any unimproved dirt or oiled street, lane or alley or other unimproved public place in the city shall, upon and at the time of. making application to the Superintendent of Streets for permit to so cut in, upon, across or along, or remove, excavate or obstruct any such paved or improved street, curb, sidewalk, alley or other improved public place and/or unimproved dirt or oiled street, lane, alley or other unimproved public place, pay in lawful money of the United States to this city a sum for each and every square foot and fraction thereof of all such paving, street, curb, sidewalk, alley or other improved public place and/or for each square foot of any unimproved dirt or oiled street, lane, alley or other unimproved .public place proposed to be cut or removed as contained in the statement thereof set forth in said application, for the purpose of repairing the damage to said paving, curb, sidewalk or other public places, .as herein provided. (19, 577) Said sum of money shall be calculated according to the following schedule: (1903 - 3/74) (a) PAVED, IMPROVED SURFACE. For paved or improved streets, sidewalks, curbs, alleys or other ,improved public places in the city, said sum shall be as follows: (1) NOT OVER FIFTY SQUARE FEET. Fifty (50) square feet or less, One Dollar an Twenty-five Cents ($1.25) per square foot. (2) FIFTY TO TWO HUNDRED FIFTY SQUARE FEET. More than fifty (50) square feet, up to and including two hundred fifty (250) square feet, One Dollar ($1). (3) OVER TWO HUNDRED FIFTY SQUARE FEET. In excess of two hundred fifty (250) square feet, Seventy Cents (70�) per square foot. (b) UNIMPROVED SURFACE. For unimproved dirt or oiled streets, lanes, alleys or other unimproved public places in this city, said sum shall be as follows: (1) DIRT SURFACE. Dirt street, lane, alley or other unimproved public place, Twenty Cents (20C) per square foot. (2) OILED SURFACE. Oiled street, lane, alley or other unimproved public place, Seventy Cents (70(,,) per square foot. LL/L</7L< PUBLIC PLACES STREET WORK S. 7225 S. 7225 APPLICATION OF SCHEDULE. The above schedule shall apply to all persons, firms or corporations alike who make application to obstruct, cut, remove or excavate in, . upon, acorss or along any improved or paved street, alley, sidewalk, curb or other public place within this City and/or any unimproved dirt or oiled street, land, alley or other public place within the City. (19, 577) S. 7226 DISPOSITION OF PROCEEDS. All money so paid shall be deposited by the Council in such fund as the Council may direct. (19, 577) S . 7227 DILIGENCE REQUIRED: RESTORATION. Any such person, firm or corporation obtaining such permit for the purpose of moving, constructing a build- ing, digging or excavating, or making repairs, shall proceed with the moving, con- structing, excavating or digging, or other work for which the building material, dirt, or other obstruction or excavation is required, with all due diligence, and when completed, restore said street, alley, sidewalk or public place to its former condition. (19) S. 7228 (Repealed by Ordinance No. 1362 - 11/67) s PUBLIC PLACES SIDEWALKS S. 7311 CHAPTER 73 SIDEWALKS L ARTICLE 731. MAINTENANCE 732. DRIVING ON SIDEWALKS 733'. (Repealed - Ord. 1784 - 11/72) 734. OBSTRUCTING PEDESTRIAN PASSAGE ARTICLE 731 MAINTENANCE S. 7311 "SIDEWALK" DEFINED. In this Article, "sidewalks" means the strip of . land between the curb line of the street and the inside property line, whether covered with a cement walk or not. (38) S. 7312 MAINTENANCE BY ADJOINING LANDOWNER. All persons owning or occupying any. real property in this. City fronting upon any public street, lane or alley of this City, are hereby required to keep the sidewalks immediately in . front of said property free from weeds and all vegetation growing thereon, except such as may be sown or planted for purposes of ornamentation, and free from dirt, filth, garbage or rubbish, other than the natural soil of the same; and to keep said sidewalk and said space free from any hole or holes, or any obstructions dangerous to life or limb. S. 7313 EXCAVATING. Nothing herein contained shall prevent excavating through or across any sidewalk where such excavating is done in accordance with the terms and provisions of any other ordinance of this City, and in accordance with the regulations therein contained covering said excavation. (38) S. 7314 DEBRIS AS NUISANCE. Any. such weeds or rubbish on any such sidewalk are hereby declared to be a nuisance. (38) S. 7315 NOTICE TO REMOVE DEBRIS. It shall be the duty of the Superintendent of Streets to notify the occupants and owners of any premises in this City to remove, within ten (10) days from the receipt of such notice, all such weeds and rubbish from the sidewalks in front thereof, and that upon a failure to do so within the said ten days, the Council will cause the said weeds and rubbish to be removed at the expense of the said owner or occupant. S. 7315.1 Form, Service of Notice. Such notice shall be given in writing, by serving personally upon the occupant (if there be any occupant), and upon the owner, each a copy of such notice, directed to the occupant (if any) and the owner; or S. 7315.2 Nonresident Owner. If the owner be a nonresident of this City, by serving the occupant personally and by mailing, by mail, a like copy in writing to the owner at his last known address as shown by the last assessment roll of this City; or, S. 7315.3 Vacant Premises. If there be no occupant, by posting a copy of the notice in a conspicuous place upon the premises, and serving a copy `' upon the owner as hereinbefore provided. (38) S. 7316 SIDEWALKS PUBLIC PLACES S. 7316 REPORT OF FAILURE TO COMPLY WITH NOTICE. If at the expiration of ten .days from the sending or service of the said notice, the said weeds and other rubbish are not removed from the said sidewalk, the Superintendent of Streets shall thereupon report the said delinquency to the Council, with an estimate of the probable cost of doing the work. S . 7316.1 Ordering of Cleaning by City. The Council must then order the Super- of Streets to do the said work at the expense of the owner and occupant of the said property, and provide for the temporary payment of the same with City funds. S. 7316.2 Extension of Time. The Council may, in its discretion, extend the time within which the work must be done. (38) S. 7317 STATEMENT OF PROCEEDINGS. At the completion of the work, the Superin tendent of Streets must prepare a statement of the proceedings, reciting the existence of the nuisance, the description of the property, the names of the owners and occupants, the giving of the notice, the hearing by the Council, the making of the order by the Council, the doing of the work and the cost thereof, and the manner of making the demand; which statement must be signed and verified by the oath of the Superintendent of Streets. S. 7317.1 Collection From Owner, Occupant. The Superintendent of Streets shall then collect the said amount from the owner and occupant (if any) , who shall be jointly and severally liable. S. 7317.2 Recording of Unpaid Statement. If the said claim be not paid within thirty (30) days from demand by the Council, the Council may order the said statement to be recorded in the office of the County Recorder of Orange County, California. S. 7317.3 Mailing of Statement To Nonresident Owner. If the owner be a nonresident of this City, it shall be a sufficient demand, for the purposes of this Article, for the Superintendent of Streets to mail a copy of said statement to the said owner. S. 7317.4 Lien: Foreclosure. The said statement, when recorded in the office of the County Recorder of Orange County, shall be a lien upon the property described therein, which may be foreclosed by the City in like manner as liens are foreclosed under the provisions of the Code of Civil Procedure of the State of California. (38) S. 7318 VIOLATION. Failure to keep the sidewalks clear or clean as provided in Section 7312 shall be a violation of this Article; and for every lot whose sidewalk frontage is so obstructed with rubbish or trash, or overgrown with weeds as set forth in Section 7312, there shall be counted a separate violation of this Article, and that or any other violation of this Article shall constitute a misdemeanor. (38) .Y, PUBLIC PLACES SIDEWALKS S. 7321 ARTICLE 732 DRIVING-ON SIDEWALKS S. 7321 DRIVING OVER UNPROTECTED SIDEWALK. No person shall drive any wagon or other vehicle over, along or across any cement or other improved sidewalk or curb, unless planking is laid thereon in such manner as .to protect such sidewalk or curb. (69) S. 7322. EXCEPTION: PAVED DRIVEWAY. The provisions .of this Article shall not apply to .the driving of vehicles over sidewalks or curbs at places where cement or asphalt crossings are. constructed across .such sidewalks and. curbs. .(69) PUBLIC PLACES OBSTRUCTING PEDESTRIAN PASSAGE S. 7341 ARTICLE 734 OBSTRUCTING PEDESTRIAN PASSAGE (1516, 1625 - 2/72) S. 7341 OBSTRUCTION OF PEDESTRIAN TRAFFIC BY HUMAN BEINGS. No person, . after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this article, shall loiter, stand, sit. or lie in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall; or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians thereon; nor shall any person block or obstruct, or prevent the free access to the entrance to any building open to the public. S. 7341.1 Obstruction Of -Pedestrian Traffic By Animals Or Vehicles. No person, after first being warned by a law enforcement officer,. or where 'a sign .or signs have been posted in accordance with the provisions of this article, shall ride, operate, walk or park any motorcycle, horse, or other similar object or animal, in or upon any public or quasi-public sidewalk, street, curb,. crosswalk, walkway area, mall, or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians thereon, or to create any hazardous condition thereon. (1625, 1784 - 11/72) S. 7341.2 Signs. Signs posted as provided in this article shall conform to the following requirements: (1625 - 2/71) (a) Each sign shall not be less than 22" .by 30".. (b) Colors. of such signs shall be optional. (c) All signs shall be clearly visible to persons in restricted locations. (d) Signs shall have the word ."WARNING" two (2) inches in height, and all other lettering shall be at least 5/8 inches in height. (e) Signs shall be posted every one hundred (100) feet. (f) The following wording shall appear on each sign: "WARNING Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, lying or by riding, operating, walking or parking any motorcycle, bicycle, horse or similar objects or animals is prohibited and punishable as a misdemeanor. Huntington Beach Ordinance Code Article 734 Huntington Beach Police Department 536-5311." 01.> >1.I;UC .L_I_NG 1'i�,.11{t;:,i.l;.{ nN 1'n.,.;nt{{ 1'l l{+.1.1 C• {'{.nl:N. S . 7342 PENALTY. Any pe.rsoi, convicted of a v:io.l_,aL:i_Ori of any pro- vision of this article , or any additiono or amendments ;hereto, shall be punishable by imprisonment in jail. for a period riaL exceeding six (6) months , or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment. S . 7343 SEVERABILITY. If any section, subdivision, sentence , clause, phrase , or portion of this article, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each section, subdivision, sentence , clause , phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections , subdivisions , sentences , clauses , phrases , or portions or the application thereof to any person, be declared invalid or unconstitutional. PUBLIC- PLACES BENCHES S. 7401 CHAPTER 74 BENCHES- :ARTICLE 740. GENERAL 741. PERMIT 742. ISSUANCE- OF PERMIT 743. DENIAL TERMINATION 744. BENCHES 745. LOCATION 746. SIGNS 747. ENFORCEMENT 748. REMOVAL 749. INSURANCE ARTICLE 740 'GENERAL S. 7401 Definitions. In this Chapter, (unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words) : S. 7401.1 "Bench" is a seat located upon public property, along any public way, for the accommodation of passers-by or persons awaiting transportation. (581) S. 7401.2 "Street" is any public thoroughfare or way including the sidewalk, the parkway and any other public property bordering upon a public way. (581) ARTICLE 741 PERMIT_.__'-a- S. 7411 Permit Required. No person shall install or maintain any bench on any street without a permit. (581) S. 7412 Scope of Permit.. A separate permit must be obtained for each bench, which permit shall be valid only for the particular location specified therein. (581) S. 7413 Numbering of Permits. Each permit shall bear a separate number. 581 -S, -7421 BENCHES PUBLIC PLACES ARTICLE 742 ISSUANCE OF PERMIT S. . 7421 Application for Permit: Form. No bench permit shall be issued except upon written 7app-l-ication, showing the pro- posed location of each bench. (581) S. 7422 Consent of Adjoining Landowner. Each application must be accompanied by a writing signed by the owner or person in lawful possession or control of the property abutting upon the public street at the place where the bench is proposed to be located, givin his consent to the installation and mainten- anEe of the bench. �581) S. ;7423 Filing of ARplication. Application for said permit shall be filed with he Street Superintendent, who shall examine and investigate the same and place his endorsement thereon and present It to the Council at its next meeting. (581) S. 7424` Signature: Inspection Fee. Each application 'must be signed by the owner of the bench for which permit is requested, and must be accompanied by an inspection fee of $1.00. Only one inspection fee -shall be required for -each bench. (581) S. ' 7425 Action upon Application. The Council shall examine said application and grant or reject the same. (581) S.: 7426 Permit Fee: Collection. If the application be granted, an additional fee of $3.00 shall be collected for .-each bench far which a pwmit is issued, to be collected at the time of the :issuance Qf- the permit. (581) ARTICLE 743 DENIAL: TERMINATION 5. . 7431 Denial of Permit : Grounds. The application shall be denied if- the Street Superintendent shall find that the maintenance of the bench would tend to obstruct passage along any public way or to create a hazard or would otherwise be detrimental to: the public safety, welfare or convenience. (581) . S. ; 7432 Revocation: Denial o:' Renewal: Grounds. Any permit may be revolted, or renewal thereof denied, for any, violation of any of the provisions of this Article, for -any fraud or. misrepresentation in the application, or for any reason which wofild have been ground for denial of the application. (581) S. 7433 Failure to Accept Permit : Cancellation, Denial. The application,�_shall be cancelled and denied if the applicant fails to accept the permit within ten days after notice of the approval of the application by the Street Superintendent. (581) PUBLIC PLACES BENCHES S. 7434 S. 7434 Protest by Nearby Property Owners : Cancellation Denial. The application shall be cancelled and denied, or the permit revoked, as the case may be, if 60% of the property owners and/or tenants living or having their place of business within 200 feet of the location of said bench or benches protest the same. (581) S. 7435 Failure to Install Bench: Cancellation Revocation. Any permit issued under this Article shall be cancelled and revoked if the permittee fails to install the bench within sixty (60) days after the date of the issuance of the permit. (581) S. 7436 Denial of Renewal for Violation. No permit shall be renewed in the even the permittee has failed to comply with any provision of this Chapter. (581) S. 7436.1 Withdrawal of Consent : Denial of Renewal. If the abutting owner withdraws his consent to the continued maintenance of the bench, and gives written notice thereof to the Street Superintendent , then, at the expiration of the -current term of the permit , a renewal of the permit shall be denied. The Street Superintendent shall inform the permittee of the receipt of such notice. (581) S. 7437 Refunds. No fee paid pursuant to this Chapter shall be refunded in the event the application is denied or the permit revoked. (581) S. 7438 Expiration of Permit. Each permit shall expire on July Ist next following the date of issuance unless renewed. (581) S. 7438.1 Renewal Fee. A fee of $3.00 for each bench shall be charged for each annual renewal of the permit. (581) S. 7438.2 Application for Renewal. Application for renewal shall be made prior to the expiration. date of said permit. (581) S. 7439 Transfer of Bench. Whenever a bench for which a permit has been issued is sold or title or control thereof assigned or transferred, the permittee shall report such fact to the Street Superintendent , within ten days, and a new permit must be obtained for its maintenance or the bench removed within ten days of such sale , assignment or transfer. (581) S. 7441 BENCHES PUBLIC PLACES ARTICLE 744 BENCHES S. 7441 Size of Benches. No bench shall be more than 42 inches high; nor more than 2 feet , 6 inches wide; nor more than 7 feet long, over all. (581) S. 7442 Display of Name Number. Each bench must have displayed thereon, in a conspicuous place, the name of the permittee and the permit number. (581) S. 7443 Identification Marks for Benches. The Street Superin- tendent shall identify each bench for which permit is issued with suitable markings for identification. (581) S. 7444 Maintenance : Inspection. It shall be the duty of the permittee to maintain each bench at all times in a safe condition and at its proper and lawful location, and to inspect each bench periodically. (581) ARTICLE 745 LOCATION S. 7451 Location of Benches. No person shall install or main- tain any bench: S. 7451.1 Alleys. In any alley. (581) S. 7451.2 Near Property Line. At any location where the distance from the face of the curb to the nearest property line is less than 10 feet. (581) S. 7451.3 Distant from Intersection. At any location distant more than 50 feet from the nearest intersecting street. (a) Waiver. Whenever, in the opinion of the Street Superintendent , observance of this requirement would result in inconvenience or hardship, this requirement may be waived by the said officer. (581) S. 7452 Distance from Curb. No permittee sliall locate or main- sin any bench at a point less than 18 inches or more than 30 inches from the face of the curb except as otherwise approved by the Street Superintendent. (581) PUBLIC PLACES BENCHES S. 7461 ARTICLE 746 SIGNS S. 7461 Signs on Benches : Location. No advertising matter or sign whatever shall be Uisplayed upon any bench ex- cept upon the front and rear surfaces of the backrest and not more than 75•� of each such surface shall be so used. (581•� S. 7462 Approval of Cogy. All advertising copy shall be approved by the Street Superintendent before being placed upon any bench in the City under this Chapter, (581) S. 7463 Appeal to Council. An appeal may be taken to the Coun- cil from the refusal of the Street Superintendent to approve any advertising copy, (581) S. 7464 Objectionable Copy. No permit shall be issued for advertising copy which would be offensive or objection- able to the public. (581) S. 7465 Confusion of Traffic. No advertisement or sign .on any bench shall display the words "STOP, " "LOOK, " "DRIVE-IN," "DANGER, " or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic. (581) ARTICLE 747 ENFORCEMENT S. 7471 Enforcement. The Street Superintendent shall enforce the provisions of this Chapter and shall have complete authority over the installation and maintenance of benches, subject to the provisions of this Chapter. (581) S. -7481 BENCHES PUBLIC PLACES ARTICLE 748 REMOVAL S. 7481 Removal after Revocation. After the revocation of any permit , the S ree uperintendent may remove and store the bench, if the permittee fails to do so within ten days after notice. (581) S. -7482 Redemption of Bench. The permittee may recover the bench, if within 60 days after the removal , he pay the cost of such removal and storage which shall not exceed $5.00 for removal and $5.00- a month for storage, for each such bench (581) �r S. _7483 Disposal of Benches. After 60 days, the Street Superin- tendent may sell ,- destroy or otherwise dispose of the bench at his discretion. (581) S. 7484 Sale Risk: Cumulative Remedy. All of the foregoing: shall be at the sale risk of the permittee, and -shall be in addition to any other remedy provided by law for the violation of this Article. (581) ARTICLE 749 INSURANCE S. 7491 Bond, Insurance Required. No permit shall be issued pur- ' suant to this Chapter unless the applicant shall post and maintain with the City Clerk a surety bond or policy of public liability insurance, approved by the City Attorney and conditioned as hereinafter provided. (581) S. 7492 Form of Bond. The bend or policy shall be conditioned that the permittee will indemnify and save harmless the City of Huntington Beach, its officers and employees from any and all loss , costs , damages , expenses or liability which may result from or arise out of the granting of the permit , or the installation or maintenance of the bench for which the permit is issued and that the permittee will pay any and ail loss or damage that may be sus- tatmed -by any person as a result of, or which may be caused by or arise out of such installation or maintenance. (581) S. 7493 Maintaining of Bond Policy. The bond or policy of insurance shall be maintained in its origi*al amount by the permittee at his expense at all times during the period for which the permit is in effect. (581) S. 7494 Sin le Bond or Policy for Several Permits. In the event that two or more permits are issued to one permittee, one such bond or policy of.-.insurance may be furnished to cover two or more branches, and each bond or policy shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the reporting of any accident from which liability may thereafter accrue. (581) PUBLIC PLACES BENCHES S. 7495 S. 7495 Limit of Liability. The limit of liability upon .any bond or policy of insurance, posted pursuant to the requirements of this Chapter, shall in no case be less than $5,000.00 for bodily injuries to or death of one person. S. 7496 Limit of Liability for Several Benches. The permissible limit o liability for bodily injuries or death QT more than one person shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following: Number of Bench Permits Limit of Liability 1 to 10 $10,000.00 11 to 50 20,000.00 (581) PUBLIC PLACES BEACH & •PIER S. 7501 CHAPTER 75 BEACH AND PIER (1306) ARTICLE 750. GENEPUAI 751. BEACH REGULATIONS_ 752. PIER REGULATIONS 753. ' BEACH PARKING LOT REGULATIONS 754. LIFEGUARD REQUIREMENTS AT PRIVATE BEACHES 755. PERMITS REQUIRED 756. ENFORCEMENT 757. CAMPER FACILITY REGULATIONS ARTICLE 750 GENERAL S. 7501 SCOPE. The provisions of this Chapter are enacted by the City Council. of the City of Huntington Beach, and shall, unless otherwise..expressly provided, apply to all beaches, piers and other publicly owned or operated lands or waters falling within the definition of those terms as set forth in Section 7502 of this Chapter, 'provided, however, that the application of this Chapter may be expres- sly negated by Ordinance or Resolution of the City Council. S. 7502 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 indicated to the contrary. . S. 7502.1 ALCOHOLIC BEVERAGE: "Liquor" or intoxicating liquor shall be construed to include any and all spirituous, vinous, malt or fermented liquor, liquids or compounds whatever named or called, containing one-half of one percent or more of alcohol by volume, which are potable or fit for use as, or which may be used for beverage purposes. (768) S. 7502.2 BEACH: "Beach" includes that strip of land owned and/or operated by this City of Huntington Beach, lying between Pacific Coast Highway in this City and the line or ordinary tide of the Pacific Ocean, and any pier, jetty, or arm thereof designed primarily to provide swimming, boating, fishing, sightseeing, or other waterfront activities, except that floor of the building commonly known as the Pavalon which is level with said Pacific Coast Highway. (3125) S. 7502.3 CAMP: Means any temporary shelter to be occupied by .human beings for a limited period and not as a permanent place or abode that is construc- ted of cloth or paper, treated or untreated, or boughs of trees, or partly -constructed thereof, or by the use of paper and/or cloth and/or branches of trees, in connection with an automobile, automobile truck or other vehicle, for the purpose of temporary shelter. 4/16/73 S . 7502.4 BEACH & PIER PUBLIC PLACES S . 7502.4 Director: With respect to this Chapter herein defined , the words "Director" refers to the Director of Harbors and Beaches Department of the City of'. Huntington Beach. S . 7502.5 Occupied: "Occupied" means used for the purpose of protect- ing human beings from wind, sun, ' rain or public view. S . 7502.6 Pacific Ocean: "Pacific Ocean" includes all waters of the Pacific Ocean or any arm thereof- in which the tide ebbs or flows , whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, or court action or otherwise, and whether or not the lands lying under said tidal waters are privately owned or publicly owned . S . 7502.7 Person: "Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organiza- tion, corporation, or any other group or combination, acting as a unit. i I PUBLIC . PLACES BEACH & PIER S . 7511 ARTICLE 751 BEACH REGULATIONS S . 7511 UNLAWFUL ACTS . It shall be unlawful for any person to do or commit, or for any person to cause or permit to be done or committeed within the boundaries of any beach, within the City limits of the City of Huntington Beach, owned, operated, controlled or formed by the City Council of the. City of Huntington Beach, any of the following: S . 7511.1 Defacing and/or Destroying of Public Property. To cut, carve, hack, remove, deface, or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or other structure, or to place writing upon the interior or exterior of any fence, post, toilet, lavatory, restroom, building, sign or other structure therein, any ini- tial, name writing, printing, drawing or vulgar, profane or obscene word or picture . (769) S . 7511.2 Littering. To scatter handbills or advertisements therein, or to deposit bottles, cans or other rubbish or trash in any place therein, other than the receptacles provided for such purpose, or to deposit newspapers , rags, or parts of clothing in the toilets thereof. (769) S . 7511.3 Placing Dangerous Objects in Bathing Area. To throw, cast, deposit, or cause to be thrown, cast or deposited on the beach of the Pacific Ocean, below the high tide line in this City, any glass, bottles , tin cans, nails , rubbish, trash, or any article whatso- ever that is or may become a menace to life or limb to any person or bather in said ocean or on said beach. S . 7511.4 Camps Prohibited . To maintain any camp or occupy the same at any place on the beach of the Pacific Ocean within the City, except by special permit issued. by the Director of Harbors and Beaches . S . 7511.5 Fires . To light, kindle, set or maintain fires or coals thereon, except in the fire rings provided therefor. (769) S . 7511.6 Dogs and Other Animals . No person having the care , charge or control of any dog or pet or domesticated or wild animal or reptile, shall permit or allow said pet, domesticated or wild animal or reptile to be, under any circumstances or conditions, on or upon the Municipal Pier, or upon the public beaches in the City of Huntington Beach. S . 7511.7 Soliciting. No person shall engage in the business of soliciting, selling or peddling any liquids or edibles for human consumption, or to distribute circulars, or to hock, pedd.le or vend any goods , wares , merchandise, except pursuant to a permit issued under the authority of the Director of Harbors and Beaches . S . 7511.8 BEACH & PIER PUBLIC PLACES S . 7511.8 Alcoholic Beverages . (1588-7/70) (a) Except as hereinafter provided, no person shall, on or upon the beach or pier within the city limits of Huntington Beach consume, sell, purchase, give away or have in his. possession. any alcoholic beverage, or transport or deliver to any person or persons therein any alcoholic beverage . (b) The City Council may grant permits for the sale and consumption of alcoholic beverages under the following terms and conditions: (1) The kind or kinds of permitted alcoholic beverages shall be named in the permit. (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 . (3) That there be compliance with all other city, county and state laws and regulations . (4) Such other terms and conditions as are reasonably required to protect the peace, health, welfare or safety of the public . (5) Said permit shall not be transferable . (6) The permit shall expire one (1) year from and after the date ; of issuance, unless sooner revoked as provided by this article . is (7) Nothing herein contained shall be construed as permitting the sale, use, possession or consumption of any alcoholic beverage on the beach or pier, except pursuant to and as limited by a permit, as above set forth. (c) 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: '. I. (1) Permittee has made a substantial misrepresentation in his application for permit . (2) 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 . (3) Permittee or any of his employees has been convicted of any crime involving moral turpitude . (4) 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. (5) 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 . I I i PUBLIC PLACES BEACH & PIER S. 7511 ARTICLE ?51 BEACH REGULATIONS D S. 7511. UNLAWFUL ACTS. It shall be unlawful for any person to do or commi -, or for any person to cause or permit to be done or committed within the boundaries of any beach, within the City limits of the City of Huntington Beach, owned, operated, controlled or formed by the City Council of the City of Huntington Beach, any of the following: S. 7511.1 Defacing and/or Destroying of Public Property. To cut, carve, hack, remove, deface, or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or other structure, 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 writinN9) printing, _drawing or vulgar, profane or ob- scene .�word or picture. S. 7511.2 Littering. To deposit or_ discard or leave any handbill,' bottle, can, or rubbish or trash or debris on the beach or in the Pacific Ocean, other than in those receptacles provided for such purpose, or to deposit in any commode or urinal in any public toi- let any newspaper, rag, part of. clothing, or any item likely to clog said commode or -urinal.. This section shall not be interpreted to pro- hibit distribution of any constitutionally protected material. (7699 1743- 4/72) S. 7511.3 Placing Dangerous Objects in Bathing Area. To throw, cast, deposit, or cause to be thrown, cast or deposited. on the beach of the Pacific Ocean, below the high tide line in this City, any glass, bottles, tin cans, nails, rubbish, trash, or any article what- soever. that is or may become a menace to life or limb to any person or bather in said ocean or on said beach. S. 7511.4 _ Camps Prohibited. To maintain any camp or occupy the same at any place on the beach. of the Pacific Ocean within the City, . except by special permit issued by the Director of Harbors and Beaches. S. 7511.5 Fires. To light, kindle, set or maintain fires or coals. , i�Fereon, except in the fire rings provided therefor. (769) S. 7511.E Dogs and Other Animals. No person having .the care, charge or control of any dog or pet or domesticated or wild ani- mal or reptile, shall permit or allow said pet, domesticated or wild animal or reptile to be, under any circumstances or conditions, on or upon the Municipal Pier, or upon the public beaches in the City of Huntington Beach. S. 7511.7 Soliciting. No parson shall engage in the business of soliciting', stilling or peddling any liquids or edibles for human consumption, or to distribute circulars, or to hock, peddle or vend any goods, wares, merchandise, except pursuant to a permit issued under the authority of the. Director of Harbors and Beaches. S. 7511.8 BEACH & PIER PUBLIC PLACES S. 7511.8 Alcoholic Beverages. (1588 - 7/70) (a) Except as hereinafter provided, no person shall, on or upon the beach or pier within the city limits of Huntington Beach consume sell, purchase, give away or have in his possession any alcoholic beverage, or transport or deliver to any person or persons therein any alcoholic beverage. (b) The City Council may grant permits for the sale and consumption of alcoholic beverages under the following terms and conditions: (1) The kind or kinds of permitted alcoholic beverages shall be named in the permit. (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. (3) That there be compliance with all other city, county and state laws and regulations. (4) Such other terms and conditions as are reasonably required to protect the peace, health, welfare or safety of the public. �5 Said permit shall not be transferable. 6� The permit shall expire one (1) year from and after the date of issuance, unless sooner revoked as provided by this article. (7) Nothing herein contained shall be construed as permitting the sale, use, possession or consumption of any alcoholic beverage on the beach or pier, except pursuant to and as limited by a permit, as above set forth. (c) 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: (1) Permittee has made a substantial misrepresentation in his application for permit. (2) 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. (3) Permittee or any of his employees has been convicted of any crime involving moral turpitude. (4) 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. (5) 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. PUBLIC PLACES BEACH & PIER S.- 7511.9 S. 7511.9 HAZARDOUS WATER SPORTS. (a) In order to protect the public health, safety and welfare, the City Council may, by resolution, fix the hours during which no person in the water of the Pacific Ocean within three hundred (300) yards of the mean high tide line thereof, within the City of Huntington Beach shall use or have in his possession any •surf- board, paddleboard, bellyboard, skimmer, canoe, boat, or any similar object made, entirely or partially of wood, metal, hard plastic, or any other hard substance; : provided, however, no person shall use or have in his possession any hazardous articles, as defined in Section 7511.10 of this code, in any area of the water of the Pacific Ocean, or within three hundred (300) yards of the mean high tide line thereof, within the city limits of Huntington Beach, designated as a hazardous water sport area by the Director or his authorized agent, based on prevailing weather, water conditions, density of use, and/or other hazard inducing •conditions. (b) The Director or his authorized agent, shall give notice of the time during which hazardous water sports, as defined herein, are prohibited. Such prohibition shall. be .effective when a yellow flag having dimensions of two feet by two feet, and having a solid black circle in the center, one foot in diameter, commonly known as a "black ball" flag, is prominently displayed from a lifeguard tower, station, pier or similar structure. During the times the "black ball" flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean adjacent to the beach within two hundred (200) yards of the point of the display of said "black ball" flag, provided that where said "black ball" flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures, that all waters of the Pacific Ocean adjacent to said beach shall be restricted to swimming and bathing only. (c) No person shall fail, refuse or neglect to leave the waters of the Pacific Ocean adjacent to the beach when such restriction and prohibition, as set out in this section, is in force. (d) Notwithstanding any provision of this section, the Director, or his authorized agent, may from time to time designate certain areas to be used exclusively by I ersons using surfboards and paddleboards. Such designation may be revoked ,at any time and the area covered by any such designation may be enlarged or reduced at any time. No person shall swim or bathe in the waters of the Pacific Ocean in- cluded in such area so designated except while using a surfboard or paddleboard, : or as may be necessary in order to use a surfboard or paddleboard. (1743, 1766-7/72, 1856 - 7/73) S. 7511.10 HAZARDOUS ARTICLES. No person shall use any surfboard, paddleboard, skimmer, bellyboard, 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 Pacific Ocean in a manner that constitutes a hazard to any other person. S. 7511.11 HAZARDOUS BEACH GAMES AND PRACTICES. No person shall use any hard ball, soft ball, bat, football, volleyball, shot put, hammer throw, javelin, boomerang, flying saucer, or any athletic apparatus or game, or similar object, or conduct or participate in any sport or game at any place thereon, outside of the area provided thereof, or to conduct or participate in any sand throwing, blanket throwing, or any sport that constitutes a hazard to any person. 8/2/73 S. 7511.12 BEACH &PIER PUBLIC PLACES S. 7511.12 DIGGING. To dig or cause the digging of any hole in the same ex- ceeding a depth of two feet. Any person who digs, or causes to be dug, any hole upon the beach shall fill said hole before leaving the beach area. (769) S. 7511.13 SPEAR GUNS. No person shall have any spear gun or similar under- water fishing device in his or her possession on the shore of any 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 kept cocked, loaded, or otherwise prepared so as to be capable of being discharged while on the beach, or in swimming areas therein. S. 7511.14 JUMPING FROM MUNICIPAL PIERS AND PUBLIC BRIDGES. To dive, jump, or enter the water from the municipal pier or any part thereof; provided however, that this section shall not apply to the regularly employed lifeguard personnel of the City' of Huntington Beach 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, 911) S. 7511.15 CLIMBING ON RAILS OF MUNICIPAL PIER OR BRIDGES. To sit, walk or balance on the rails of the municipal pier or public bridges or to climb over or under such rails. (769, 911) S. 7511.16 CLIMBING ON LIFEGUARD STATIONS. To climb or cause someone else to climb on any lifeguard station or ladder on the beach or Municipal Pier, unless told to do so by an official employee of the City. (769) S. 7511.17 LAYING DOWN HAZARDOUS OBJECTS. To lay or cause to be laid, any surfboard, paddleboard or similar object against any lifeguard station or municipal structure. S. 7511.18 FALSE ALARMS. To cause to 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. S. 7511.19 INTERFERING WITH THE DUTIES OF A LIFEGUARD. To willfully resist, delay or obstruct any lifeguard in the discharge or attempt to discharge any duty of his position. S. 7511.19.1 MIRRORS. 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). (1535, 1743 - 7/72) S. 7511.20 CURFEW. To be on the public beach within the City of Huntington Beach between the hours of 12:01 A.M. and 5:00 A.M. , except upon official business of the City of Huntington Beach. In the event of special circum- stances so warranting, the Director of Harbors and Beaches, in his judgment is hereby 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 10 days prior to the requested date. S. 7511.21 FIREWORKS. To light, set off, or discharge or have in his or her possession, fireworks on the beach. (1509) S. 7511.22 ELECTRICAL OUTLETS. No person shall use any electrical outlets on the beach without first obtaining written consent from the Director of Harbors and Beaches and paying such fees as may be prescribed. PUBLIC PLACES BEACH & PIER S. 7511.23 S. 7511.23 SPEAKER SYSTEMS. No person shall play, use or operate, or permit to be played, used or operated, any radio, receiving set, musical in- strument, phonograph, loudspeaker, sound amplifier or other machine or device for producing or reproducing of sound upon the beach, pier, beach service road or municipal parking lot, at such a volume as to disturb the peace, quiet and comfort of persons who are not voluntary listeners thereto. This section does not apply to the regularly employed safety service personnel of the city who use said safety equipment in the course of their daily operations, nor to any public address system authorized by Section 7554. (1743 - 4/72) S. 7512 VEHICLE REGULATION. No person shall operate any skateboard, motor driven cycle, motorcycle, automobile, motor truck or other vehicle or conveyance on the beach other than for law enforcement, lifesaving or emergency purposes, or for beach maintenance purposes, without the expressed written consent of the Director of Harbors. and Beaches; 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. S. 7512.2 SPEED. No person shall drive any vehicle on the beach at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and the surface and width of the roadway, in no event in excess of ten (10) miles per hour, unless a greater speed is posted. S. 7512.3 TIME LIMIT. During the period of June 15th to September 15th, any and all commercial motor vehicles of any type, must make their deliveries to beach concessions between the hours of 6:00 A.M. and 11:00 A.M. S. 7512.4 PARKING. No person shall park any vehicle except in designated parking areas, provided, however, that the Director of Harbors and Beaches is hereby authorized to permit parking along roads and in under-developed areas when, in his opinion, such parking will not interfere with beach area oper- ations. S. 7512.5 ERECTION OF SPEED, TRAFFIC AND PARKING SIGNS. The Director of Harbors and Beaches is authorized and directed to erect and maintain signs at locations he deems appropriate, indicating the speed limits established by the City Council for beaches, along roadways and streets herein. The Director of Harbors and Beaches is also authorized to designate parking areas and traffic pat- terns and to erect and maintain signs indicating such areas and patterns. S. 7513 REMOVAL OF SAND. No person shall remove, or cause to be removed from the beach, any sand without written permission from the Director of Harbors and Beaches. S. 7514 BICYCLES. IMPOUNDING OF. No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route, walkway, or path, or so as to block or impede, ingress or egress from any building, stair, pier, or bridge. Any bicycle so parked or left may be impounded by the Department of Harbors and Beaches or by the Department of Police, and may be held until the sum of Five Dollars ($5.00) has been collected- to defray the cost of impound. 8/2/73 S. 7514 (a) BEACH & PIER PUBLIC PLACES ' (a) Any bicycle which has been so impounded and held for 30 days without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such manner for the reasonable value thereof, all as shall be de- termined by the impounding agency. If the bicycle shall be deemed not saleable by reason of its appearance or condition of wear or other factor, it may be discarded by the impounding agency. (b) When any bicycle so impounded bears the identification tag required by Chapter 67 of this .code, the impounding agency shall within seven days after impound send by regular mail a notification of impound addressed to the registered owner at the registered address. (1755 - 6/72) S. 7515 PENALTY. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this article is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided herein. (1856 - 7/73) S. 7516 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this article, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion of any amendments or additions thereto, ir- respective of the fact that any one or more sections, subsections, clauses, phrases,, portions or any future amendments or additions thereto be declared invalid or unconstitutional. (1856 - 7/73) PUBLIC N..ACES BEACH & PIER S. 7521 ARTICLE 752 PIER REGULATIONS S. 7521 AUTHORITY OVER PIER. The Director .of Harbors and Beaches, subject to the provisions of.this Article and such Ordinances as the Council may adopt from time to time, is hereby given full power and authority to regulate or control the use of 'the .publi.c Wharf or pier at the foot of Main Street in this City. (344) S. 7522 ` CONTROL OF PIER. The Director shall have power to de-- - termine what: portions of said pier shall be open. to the public at any and all ,times, and also what portions of the pier shall - not be used for any specific purpose. S. 7523 VIOLATION OF POSTED' NOTICES. Upon the posting of: notices prohibiting the doing or performing of any acts upon certain portions of said pier by .the Director of Harbors and Beaches, it .shall be unlawful for any person to use said portion of said pier for the prohibited purpose. or purposes. (344) S. 24 PROHIBITED ACTS. No person while upon or near the Mu- nicipal Pier located at the foot of Main Street. in this City, and over the Pacific Ocean in this City). shall. do 'or cause .or permit to be done, any of the following acts: S. 7524.1 Overhead Casting:. Cast a fishing. line, either with or without a fishing pole, by what is commonly known as over- head casting. (344, 554) S. . 7524.2 Negligent Casting. . To cast a fishing line,. lobster trap, . crab trap, any mussel hook,' or any other such device in such manner as to create a hazard to any other person, either in the water adjacent. to the pier or on the pier. S. 7524.3 Extra Lines. Have more than two fishing lines to any one person in the water under or near said pier at one time. S. 7524.4 Projecting Poles. Allow or permit any .fishing pole 'to extend inwara from the rail to a distance of -more than. four feet (41.) . (344., 554) S. 7524.5 Cleaning of Fish. Place, cut or clean any -fish or bait, or any other marine life upon .any bench, or seat placed upon the Municipal Pier or upon the floor of the pier- unless same .is placed in a container. (344, 554) S. 7524.6 Lobster Traps: Limit. Have more than two baited hoop nets to any one person in the water under or near said pier at any one time. S. 7524.6.1 Attending of Traps. Said traps shall be attended by a person at all times. Attended is to be within 500 feet of said traps at all times. (344, 544) 1 S. 7524.7 BEACH & PIER PUBLIC PLACES S. 7524.7 Tampering With Lifesaving Equipment. Remove, use or tamper with life- saving equipment upon said pier, provided therefor for public use, except in time of emergency. (344, 554) S. 7525 VEHICLE REGULATION. As pursuant to S. 7512 in this Chapter. S. 7525.1 Speed Limit. No person shall drive any motor vehicle upon said pier in excess of five (5) miles per hour. (344, 565) S. 7525.2 Heavy Vehicles. No person shall drive or permit to be driven, any ve- hicle of any kind or character whatsoever, upon said pier of a gross weight in excess of twenty thousand (20,000) pounds. (344, 565) S. 7525.3 Skate Boards Prohibited. No .person shall possess any skate board, or any similar type vehicle upon the municipal pier at any time. (1743, 1784 - 11/72) S. 7525.4 Parking. No vehicle shall be permitted to park on the pier except for the express purpose of loading or unloading supplies, unless he posses- ses a written permit from the Director of Harbors and Beaches allowing him to do so. No vehicle parked upon the pier shall be left unattended at any time. (1743, 4/72) S. 7525.5 Vendors or their agents shall not make deliveries by vehicles to con- cessionaires on the pier except between the hours of 6:00 A.M. and 11:00 A.M. during the dates of June 15th to September 15th. Such time limit shall not be in effect during the remainder of the year. (1399) S. 7526 BOAT REGULATIONS. S. 7526.1 Sale of Boat Tickets. No person shall sell or offer for sale any tickets for transportation upon any boat of any kind whatsoever upon said pier, except from the space in one of the buildings located upon said pier. (344) S. 7526.2 Boat Landings: Time Limit. No person in charge of any boat or other craft shall permit, cause or allow such boat or other craft to stand or remain at any boat landing upon said pier for a longer period than fifteen (15) minutes at any one time. S. 7526.3 Private Boats. Nothing contained in this Article shall be construed to prevent the embarking or disembarking of passengers from privately owned or operated boats and other craft, when the same are not in any commercial business, but are operated by the owners thereof without profit, for their own pleasure and amusement, and without charging or receiving any compensation from persons or passengers riding upon said boats or other craft. During emergency operations, no vessel shall use any boat landing upon said pier until said emergency operations are concluded. (344, 1743 - 4/72) PUBLIC PLACES BEACH & PIER S. 7526.4 S. 7526.44 Control of Boat Landing. The boat landing upon said pier shall be under the exclusive charge and control of the Director of Harbors and Beaches and shall not be raised or lowered by any other person, unless by written consent of the Director of Harbors and Beaches. S. 7526.5 Charges for Use of Landing: Such charges shall be made for the use of said landing upon said pier as may from time to time, be fixed by the City Council. (344). t: PUBLIC PLACES BEACH & PIER S. 7531 ARTICLE 753 BEACH PARKING LOT REGULATIONS 1328 S. 7531 PARKING REGULATIONS. The following regulations will apply to parking in any of the city-owned beach park- ing lots: " S. 7531.1 Parking is allowed within designated spaces only. S. 7531.2 Parking Lot Hours. 5:00 A.M. to 12:00 midnight. (1743-4/72) S. 7531.2.1 There shall be no overnight parking. S. 7531.2.2 Any deviation from this will be by permission, of' the Director of Harbors and Beaches. S. 7531.3 No loitering or obstructing for flow of traffic will be allowed in the parking lot by any person or persons. S. 7531.4 No vehicle shall obstruct any entrance in the parking lot. S. 7531.5 No trailers or similar vehicles will be allowed in the parking lot, from June 15th to September 15th of each year. S. 7531.6 Fees: Fees for parking shall be established by Resolution of-The City Council. (1404) S. 7531.7 Any vehicle leaving the parking lot and returning will be required to pay on re-entering. S. 7531.8 Number of Parking permits per concession owner will be determined by the Director of Harbors and Beaches. S. 7531.9 Payment of Beach Parking Fee. No person shall cause any vehicle to enter a city-owned or operated beach parking lot without paying the established fee. Any violation of this section is an INFRACTION and punishable by a fine not to exceed One Hundred Dollars ($100) . (1671 - 9/71) PUBLIC PLACES BEACH & PIER S . ,7541.7::` ARTICLE 754 LIFEGUARD REQUIREMENTS AT PRIVATE BEACHES (952) S . 7541 DEFINITIONS OF USES IN THIS ARTICLE: S . 7541.1 "Private Beach" As used in this Article, a place within the incorporated. area of the City of Huntington Beach used for the purpose of accommodating bathers bordering upon or adjoining the seacoast, bays or inlets therefrom where members of the public, by pay- ing a fee, may resort for the purpose of bathing in the open sea, or bays or inlets therefrom. i S . 7541.2 "Lifeguard" A male person at least 18 years old who has . graduated from high school and who has successfully com= pleted a competitive lifeguard examination and .training .program; has; thorough knowledge of and the ability to practice lifesaving techniques in heavy surf and severe ocean conditions, artificial respiration and first aid; is in good health; possesses good physical strength and ability, and who is free from any physical defects . A lifeguard minimum age of 16 years is allowed if said person is part of an organized life- guard service with trained lifeguards as supervisors; and. has' success- fully completed a competitive lifeguard examination and training program, has thorough knowledge of and the ability to practice lifesaving tech- niques in heavy surf and severe ocean conditions , artificial respiration and first aid, and who is in good health and who possesses good physical strength and ability, and who is free from any physical defects . S . 7541.3 "Certified Lifeguard" . A lifeguard as defined in Section 7541.2 of this section, who has been named in a certificate,. as defined in Section 7541.4 of this section. i S . 7541.4 "Certificate" . A statement or card signed by the Chief Lifeguard of . the City of Huntington Beach, that a person named in the statement or card, has taken such examinations and passed such tests as demonstrated to the Chief Lifeguard. of the Harbors and; . Beaches Department that the person so named possesses the qualities `set .forth in defining "Lifeguard . " S . 7542 REQUIRED LIFEGUARDS . S . 7542.1 As Set by Resolution. The City Council shall, upon recom- mendation of the Chief Lifeguard of the City of Huntington Beach, designated by resolution, for each private beach, the. number of certified lifeguards, with a minimum of one, and the hours of duty which it considers reasonably necessary to provide an adequate lifeguard service for the protection of the public, with due regard for the number of bathers utilizing the particular private beach, and with due regard. for such length and type of waterline as the particular private beach encompasses . i. i PUBLIC PLACES BEACH & PIER S. 7551 ARTICLE 755 PERMITS REQUIRED S. ?551 MOTOR VEHICLES. No person owning or operating any motor vehicle .of any type (as defined in S. 7512) shall operate, drive, propel or run, or cause or permit any motor vehicle to be operated, driven, propelled, or run upon the beach of the Pacific Ocean within this City, without a permit therefor first being obtained from the Director of Harbors and Beaches. (248, 1160) S. 7551.1 A lication for Permit. Any person desiring to operate any motor vehicle or vehicles upon the beach of the Pacific Ocean within this City may apply to the Director of Harbors and Beaches for a permit to do so by an application in writing. (248) S. ' 7551.1.1 Contents of Application. Such application shall state the time and place for which said permit is desired; shall state the kind and character of motor vehicle or vehicles to be operated; the names of the persons to operate the vehicle or vehicles; from time to time by the Director of Harbors and Beaches. S. 7551.2 Examining of Applicant. Upon receipt of any application for a permit to operate a motor vehicle or vehicles upon the beach, the Director may examine the applicant or any persons named therein as the driver or operator of any motor vehicle. (248) S. 75 1.2.1 Safeguards. The Director of Harbors and Beaches may re- quire such safeguards for the protection of the public as he may deem advisable. (248) S. 7551.3 Issuance of Permit. If he shall deem the applicant and he person to operate the motor vehicle or vehicles to be properly qualified and if suitable safeguards are provided for the pro- tection of the public, the Director of Harbors and Beaches may issue a permit "therefor. . (248) S. 7551.3.1 . Scope of Permit. Any person holding such a permit may operate or cause to be operated, a motor vehicle or ve- hicles in accordance with the terms thereof at the time and place in said permit specified. (248) S 7552 CONCESSIONS. No person shall conduct or carry on upon said beach or pier or any part thereof, any business of any kind whatsoever, without first having obtained a permit from the City Council to do so. (344) S. 7552.1 Business Location. No permit shall be issued for the carrying on of any business upon said beach or pier, ex- cept in building constructed therfor. (31 S. 7552.2 Leasin4 of Space in Buildin s. Space in any building located upon said beach or pier may be leased by the City Council at their discretion. S. 7552.3 BEACH & PIER PUBLIC PLACES S. 7552.3 Rental Terms. The terms for the payment of rental for such space shall be specifically set forth in the agree- ment therefor, created by the City Council. (344) S. 7553 COMMERCIAL FILMING AND PHOTOGRAPHY. No person shall take any motion pictures or photographs on the beach for com- mercial purposes, without a permit therefor first had and obtained from . the Director of Harbors and Beaches. S. 7553.1 Application for Permit. Any person desiring to take com- mercial motion pictures or photography on the beach may apply to the Director of Harbors and Beaches for a permit to do so by an application in writing. S. 7553.1.1 Contents of Application. Such application shall state time and place which said permit is desired and any such information as may be required by the Director of Harbors and Beaches. S. 7553.2 Examining of Applicant. Upon receipt of any application for a permit to take motion picture film or still photo- graphs, the Director of Harbors and Beaches may investigate and examine the applicant or any persons named therein. S. 7553.2.1 Safeguards. The Director of Harbors and Beaches may re- quire such safeguards for the protection of the public as he may deem advisable. S. 7553.3 Fees. MOTION PICTURE FILMING $200.00 per day STILL PHOTOGRAPHY $25.00 per day Said fees shall be payable to the Director of Harbors and Beaches, plus any cost to the City for any Police, Fire, Lifeguard or Maintenance use of City Building, or any other service. Licensee must post an insurance certificate with the City, naming City as co-insured; said certificate to be approved by the City Attorney. S. 7554 PUBLIC ADDRESS SYSTEMS: PERMIT REQUIRED. No person shall set up, use, operate, or maintain a public address system on the beach within this City, except in those areas specifically desig- nated therefor, nor shall any person set up, use, operate, or maintain a public address system without first obtaining a written permit from the Director of Harbors and Beaches. The Director of Harbors and Beaches is expressly given the authority to determine the maximum amplification permissible in areas designated consistent with other persons, enjoy- ment of the recreational area facilities. S. 7525 SPECIAL USE PERMITS. The Director of Harbors and Beaches (1743 - 4/72)may, at his discretion, designate special use areas. PUBLIC PLACES BEACH & PIER S . 7561 ARTICLE 756 ENFORCEMENT '(561 E I.PFECT AND EOFORCEMENT. Any violation of-* any provisions o L' this Chapter shall subject the violator to ejection from the premises of the area in which violation occurs . This chapter shall be enforced by the Director of Harbors and Beaches and such of his agents as he may designate to perform said duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this chapter takes place . S . 7562 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 Dollars ($500.00) or be imprisoned for a period not to exceed three (3) months, or by both such fine and imprisonment . (1084) S . 7563 APPEAL. Any person dissatisfied with the decision of the Dim rector of Harbors and Beaches in the areas of discretion on his part under this chapter, may appeal his decision to the City Administrator, may appeal said decision to the City Council by notice in writing to that effect within 10 days from the date of the decision appealed from. S . 7564 SEVERABILITY. If any section, subsection, subdivision, para- graph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this article or any part thereof . The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , subdivisions , paragraphs , sentences , clauses or phrases are declared unconstitutional. PUBLIC PLACES BEACH & PIER S. 7570 ARTICLE 757 CAMPER FACILITY REGULATIONS (1827 - 4/73) S. 7570 CAMPER FACILITY ESTABLISHED. TIME AVAILABLE TO. PUBLIC. There is here- by established a city camper facility, open to the public from Septem- ber 15 until May l of each year, and closed from May 1 until September 15, unless otherwise authorized by the Director. Said facility to be designated by signs shall entail approximately ninety spaces on the present beach parking lot area between Lake Street and Huntington Avenue. S. 7570.1 FEES AND RULES. RESOLUTION REQUIRED. Fees for and rules governing the use of the city camper facility shall be determined by resolution of the City Council and may be amended from time to time by resolution of said Council. S. 7570.2 RESERVATIONS. Reservations for campsites may be made by applying to the Department of Harbors, Beaches and Development not more than thirty (30) days prior to the time of desired occupancy. Reservations for specific campsites will not be considered. Application for reservation shall be accompanied by a deposit in the amount of the daily fee as set by resolution, refundable when reservation has not been confirmed, or accommodation is not available. S. 7570.3 USE OF FACILITIES. PAYMENT. No person shall use or occupy facilities in the city camper facility unless the fee, established by resolution of the City Council, has first been paid. S. 7570.4 OCCUPANCY. A campsite shall be considered occupied or reserved for camping purposes upon payment of the appropriate fee within the time limit specified in this article. . No person shall take possession of any campsite after notification by a city employee that such site is already occupied or reserved. S. 7570.5 NUMBER OCCUPYING CAMPSITE. The number of vehicles and persons occupying any campsite shall not exceed two (2) vehicles and eight (8) persons, except that the Director may authorize a greater or lesser number when conditions so warrant. S. 7570.6 TIME LIMIT. In order to afford the general public the greatest possible use of the city camper facility, continuous- occupancy by the same person or group of persons of any campsite .sha11 be limited to seven (7) calendar. days. S. 7570.7 CHECKING OUT. Occupants shall remove all personal property and vacate campsites prior to 2:00 P.M. on the last day of reservation. Campsites . shall be left in a neat, orderly condition. S. 7570.8 VEHICLE RESTRICTIONS. No camper, trailer or motor home shall exceed thirty (30) feet in length. , Any camper, trailer, or motor home over twenty-five (25) feet in length shall park in assigned or designated areas only. No tents shall be erected in the city camper fac.ility or on the adjacent beach unless special permission is obtained from the Director. 4/16/73 $. 7570.9 BEACH & P.IER 'PUBLIC PLACES S. 7570.9 HOUSE TRAILER FACILITIES. _ Areas shall be designated to be used exclusively by travel or house trailers, house buses and pickup campers in the city camper facility, and shall include all or some of the following facilities: paved park- ing area for car and trailer, and public restrooms. S. 7570. 10 OVERNIGHT CAMPING IN DAYTIME AREAS. When authorized by the Director, overnight camping may be permitted from time to time in portions of the camper facility designated as daytime areas. Use of such daytime areas for overnight camping shall be subject to fees established by the City Council, subject to restric- tions as to use, occupancy and. entry into and of only such portions as may be specified by the Director. All such daytime areas shall be vacated by 9:00 A.M. of the day_ follow- ing use as an overnight campsite. S. 7570.11 CAMPER FACILITY DEEMED CITY PROPERTY. All property within the camper facil- ity is hereby declared city property, devoted to the public use and enjoy ment, subject to all laws and regulations applicable thereto, and no person may, by prescription or adverse possession, obtain any right therein. S. 7570.12. PLANTS. No person shall pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn, or carry away any tree or plant or portion thereof, including, .but not limited to leaf mold, flowers, foliage, turf, humus, or shrubs. S. 7570.13 PROPERTY. No person shall disturb, destroy, remove, deface or injure any property of the City of Huntington Beach. No person shall cut, carve, paint, mark, paste, or fasten on any tree, fence, wall, building, monument, or other property in the camper facility any bill, advertisement, or inscription. S. 7570.14 RUBBISH. No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, wastepaper, cans, or other rubbish in any place in the cam- per facility except in a receptacle designated for that purpose. No person shall bring in or deposit any rubbish from outside the camper facility in or on any part of such facility. S. 7570.15 FIRES. No person shall light, build, use or maintain a fire within the city camper facility except in a fire ring provided, maintained, or desig- nated for such purpose, unless so authorized by the Director. S. 7570.16 DOGS AND OTHER ANIMALS PROHIBITED. No person shall bring in or permit a dog or any other animal to enter or remain in the camper facility. S. 7570.17 FIREARMS PROHIBITED. No person shall carry or possess a firearm within the camper facility, nor shall any person discharge across, in, or on any part of the camper facility any firearm, bow and arrow, air or gas weapon, or any device which discharges a missile and is capable of injuring or killing any animal or damaging or destroying any public or private property. S. 7570.18 FIREWORKS PROHIBITED. No person shall possess, discharge, set off, or . cause to be discharged in or on any part of the camper facility any fire- cracker, torpedo, rocket, fireworks,_ oil, explosives, or substance harmful to the life or safety of any person. S. 7570.19 CLOSING HOUR. No campsites will be rented after 12:00 midnight. S. 7570.20 CURFEW. PUBLIC PLACES BEACH &PIER S. 7570.20 (a) (a) The Director may from time to time declare curfew for minors in any part of the camper facility upon finding that conditions therein warrant special measures for the protection of such minors and others, and for the safety and welfare of the general public. (b) Such curfew shall be posted and shall state the specific location, if applicable, and the period of time during which such curfew shall remain in effect. (c) During the period any curfew has been declared, no minor shall enter or remain in the camper facility, or portion thereof declared to be under curfew, except: (1) One who is accompanied by a parent or guardian; or (2) One who is part of a group occupying a campsite, accompanied and supervised by one responsible adult for every eight (8) minors in such group. S. 7570.21 GAMES. No person shall play any ball game, horseshoes, or other similar game or activity in picnic or campground areas except at those times and places specifically designated for such purposes. S. 7570.22 SANITATION AND APPEARANCE OF FACILITY. To maintain a sanitary condition and an orderly appearance, and to protect the resources of the camper facility area, the Director may specify size, type and arrangement of camping equip- ment and the number of persons permitted in such areas, and no equipment shall be brought into, kept, used or arranged except under the direction and the supervision of the Director. No person shall hang, drape, or display any towels or clothing of any type outside any camper, trailer, or mobile home, or in a. manner which exposes such articles to the public view. No waste, water, sewage, or effluent from sinks, portable toilets or other plumbing fixtures shall be deposited directly on or into the surface of the ground or water. All .sewage outlets on campers, trailers; or mobile homes must be securely capped at all times while in .the camper facility except when disposing waste in the -facility sewage outlet provided therefor. S. 7570.23 SPEED LIMIT IN FACILITY. SPEED EXHIBITION. No person shall. drive a vehicle within the camper facility at a speed greater than is reason- able or prudent, having due regard for the traffic on, the surface and width of the road, and the safety of persons, property and wildlife; provided that in no event shall a vehicle be driven at a speed over 10 miles an hour in such facility. The use of any vehicle including motorcycles and scooters for purposes of speed exhibitions and joy-riding is prohibited. S . 7570.24 VEHICLE OPERATION CONFINED TO ROADS. Operation of vehicles in the cam- per facility shall be confined to roads, driveways, parking areas or other areas designed to accommodate such vehicles. No privately-owned vehicle shall be operated on any road which has been designated closed to traffic. S. 7570.25 VEHICLES AND OPERATORS. No. vehicle which has not been registered pur- suant to provisions of the California Vehicle Code shall be operated inside the camper facility, and no vehicle operator who has not been licensed pursuant to provisions of the California Vehicle Code shall operate any vehicle inside the camper facility. 4/16/73 S. 7570.26 BEACH & PIER PUBLIC PLACES S. 7570.26 PARKING AREAS. The Director may restrict the parking or standing of ve- hicles on certain highways, driveways, paths, or grounds, or portions thereof, in the camper facility during all or certain hours of the day, and any vehicle parked or left standing in violation of such restriction may be removed by a city peace officer. S. 7570.27 COMMERCIAL VEHICLES. No commercial vehicles shall be operated inside the camper facility except for the purpose of delivering merchandise or servic- ing equipment in such facility, or for emergency purposes. Other commercial vehicles may be granted admission by the Director for a special activity not inconsistent with camper facility use. S. 7570.28 SOLICITING. DISTRIBUTION OF HANDBILLS PROHIBITED. No person shall solic- it, sell, hawk, or peddle any goods, wares, merchandise, liquids, or edibles for human consumption other than those individuals who have been granted permis- sion so to do by written agreement with the City of Huntington Beach and no person shall distribute circulars or handbills in the camper facility. S. 7570.29 CAMPING RESTRICTED. No person shall camp in any part of the camper facil- ity except in areas designated and marked for such .purpose, and no minor shall camp in any part of the camper facility unless accompanied by a parent or guard- ian, or as part of a group occupying a campsite, accompanied by and supervised by one responsible adult for every eight (8) minors in such group. S. 7570.30 INCONSISTENCY WITH ARTICLE 753. With reference to the camper facility area, as to any provisions of the Huntington Beach Ordinance Code Article 753 which are inconsistent with the provisions of Article 757, the provisions of Article 757 shall prevail. S. 7570.31 ENFORCEMENT. Any person who violates any provision of this article shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding Five Hundred Dollars ($500) or by.imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each day of the existence of any continuing violation shall constitute a separate offense. The provisions of this article shall be enforced by the Department of Harbors, Beaches and Development, and other city peace officers. S. 7570.32 SEVERABILITY. It is the intention of the City Council that this article, and every provision thereof, or amendment thereof, shall be considered severable, and the invalidity of any provisions or portion of this article, or amendment thereof, shall not affect the validity of any other provision or portion or amendment thereof. PUBLIC PLACES . HARBORS So 7601 -CHAPTER 76 HARBORS.. <1430) . Article 760. GENERAL 7610 BOATING REGULATIONS 762. SWIMMING.'REGULATIONS 763 . HARBOR SANITATION 764. PIER ,AND DOCK_REGULAT.IONS . 765. ..PERMITS AND :FEES 766 . ENFORCEMENT ARTICLE 760 - GENERAL S . 7601 SCOPE, The provisions of this chapter shall, unless otherwise expressly provided, apply to all harbors and other publicly owned or operated land or inland waterways in the City of Huntington Beach. So 7602 DEFINITIONS.. For the purpose of this chapter, the following terms shall have the respective meanings set forth herein, unless the context inwhich they are used clearly indicates a different meaning is : intendedo Words not defined herein which have the meaning ascribed to them by the Harbors and Navigation Code of the State of California, have the meaning ascribed to them. in . ordinary usage -, So 760201 ANCHORAGE AREA, means any portion of a harbor which has been designated as an - anchorage area pursuant to law and approved by the Federal government. So 7602a2 DIRECTOR means the Director of Harbors and Beaches of the City of Huntington Beach. • So 7602.3 MOORING means any appliance used to secure a vessel other than to a pier or dock, which is not carried aboard such vessel as regular equipments So 7602.4 TURNING BASIN means that portion of any channel which has been so designated pursuant to law and approved by the Federal government for the purpose of permitting vessels to turn around or permitting their course of direction to be altered. Se 7602.5 VESSEL includes any watercraft, vehicle or object used or capable of being used as a means of transportation or movement on or under water except a seaplane . S . 7602.6 . IJARBORS PUBLIC -PLACES ,S . 7602.6 WATERS OF A HARBOR means all waters in which the tide ebbs and flows whether or not the ordinary or mean high tide line of the ,Pacific Ocean has been fixed by ordinance, statute , court, or otherwise and whether or not the land lying under said tidal waters are privately or -publicly owned. S . 7602.7 PIERHEAD LINE means the pine between the bulkhead and the waterway which line separates the area open .for navigation from the area extending outward from the bulkhead in which the mooring and docking of vessels is permitted. The exact distance from the bulk- head to the pierhead line shall be determined by the City Council. S . 7602.8 BULKHEAD LINE means the line or point where the outer portion of the bulkhead meets the water . S . 7602. 9 PROTECTED SWIMMING AREA .means an area for swimming set aside by the City Council, and designated by or outlined by lines , floats or -buoys . PUBLIC PLACES HARBORS S. 7610 ARTICLE 761 BOATING REGULATIONS S. 7610 TOWING PROHIBITED IN HUNTINGTON HARBOUR. No person shall tow from a vessel in the waters of Huntington Harbour any person in the water or on any object, other than a vessel, except where permitted in a designated special use area or during a special event authorized by the Director of Harbors, Beaches and Development. (1806 - 1/73) S. 7611 SPEED LIMIT, No owner, operator, or person in command. of any vessel, except a police officer, fireman or lifeguard in the performance of his duty, shall operate any vessel or permit any vessel to be operated in ,any portion of any harbor at a rate of speed in excess of five (5) miles per hour, or in such manner or at any rate of speed which would endanger the safety of persons or property. (1634 - 2/71) S. 7612 BOAT LAUNCHING AND HAULING. No person shall launch or remove any vessel from the waters of a harbor over any public seawall, sidewalk, street or public property, except at locations where launching or removing vessels is con- ducted by a regular business which has been the necessary equipment to do such work, or in those areas designated by the Director and posted for such purpose. Any launching site so designated and posted may be regulated by resolution of the City Council as to hours of launching, size of vessels to be launched, types of vessels to be launched and the method and apparatus to be used in said launching. S. 7613 DAMAGE TO PROPERTY. No person shall willfully or negligently destroy, damage, disturb or deface or interfere with any buoy, float, life preserver, sign, navigational marking, mooring or similar property owned or used by the City of Huntington Beach or under the jurisdiction of said city or any other governmental agency. S. 7614 LANDING OF AIRCRAFT. No person shall navigate on or land on or take off from the waters of a harbor with any aircraft. S. 7615 AIR PROPULSION ABOVE WATER PROHIBITED, No person shall operate on the waters of any harbor under the control of the City of. Huntington Beach any vessel which is operated by mechanical air propulsion above the surface of the water. S. 7616 BULKHEAD LINES. Pierhead and bulkhead lines are hereby established for the Huntington Harbour area as said lines are shown or described in the records on file in the offices of the Director of Public Works and the City Clerk. (1634 - 2/71) S. 7617 MOORING OF VESSELS. No owner, operator or person in command of any ves- sel shall tie up or moor any vessel beyond the pierhead line, as estab- lished in Section 7602.7, without a permit issued by the Director of Harbors and Beaches except to load to discharge passengers. (1634 - 2/71) S. 7618 PENALTY. Any person convicted of a violation of any provision of this article, or any additions or amendments thereto, shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ($500) , or by both such fine and imprisonment. (1634-2/71) HARBORS PUBLIC PLACES S . '7619 SEVERABILITY. If any section, subdivision, sentence, clause, . phrase, . or portion of this article, or any additions ` or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each section, subdivision, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections, subdivisions, sentences , clauses, phrases, or portions or the application thereof to any person, be declared invalid or unconstitutional. (1634-2/71) ARTICLE 762 SWIMMING REGULATIONS S . 7621 ACTIVITIES RESTRICTED IN PROTECTED SWIMMING AREAS . No person shall opera e, . drive, propel. or. permit to THiTtinto said protected swimming area any vessel. S . 7622 DESIGNATION OF SWIMMING ZONES . The City .Council, by resolu- ' ion, may designate zones in water areas contiguous or adjoining water frontage areas owned, leased or controlled by the City of Huntington Beach within which swimming is allowed . The limits of all swimming zones so designated shall be posted by appropriate signs or markings .S . 7623 DIVING OR JUMPING FROM PUBLIC PROPERTY. No person shall dive, jump or enter into the water from or immediately in front of any bridge, pier, wharf, dock, flat, bulkhead , seawall, groin, jetty, natural rock formations or any other place, or object not specifically designated for the purpose of diving, jumping or entering into said water. I i PUBLIC PLACES HARBORS S. 7631 ARTICLE 763 HARBOR SANITATION S. 7631 DEPOSIT OF REFUSE PROHIBITED. No person shall throw, discharge, deposit or leave, or cause, suffer or permit to be thrown, discharged, deposited or: left, any rubbish, dead animals, refuse matter or any waste matter whatsoever into the waters of a harbor, or. upon any public pier, -iharf, seawall, bulkhead, float, beach jetty or street leading to such facility ex:ept in waste receptacles designated for such purposes. S. 7631.1 DISCHARGE' OF TOILETS PROHIBITED. No�person shall discharge, or permit, cause or suffer any person on a vessel under his control or command to discharge any human or animal waste or excreta from any head, toilet or similar facil- ity or by any other means whatsoever into the waters of a harbor. S. 7631.2 DISCHARGE OF FLAMMABLE MATERIAL PROHIBITED. No person shall throw, discharge, deposit, pump or leave or cause or permit to be thrown, discharged, deposited, pumped or left either from the shore, from any pier or vessel or from any other place whatsoever, any oil, spirits, or any flammable liquid into the waters of a harbor. S. 7632 SIGNS REQUIRED PROHIBITING DEPOSIT OF WASTE AND REFUSE. The owner or operator of any commercial docking facility or marina located on the waters of a harbor shall install and maintain at his own expense in conspicuous locations on the premises, signs to inform the public of the regulations prohibiting the .discharge or depositing of any waste or refuse in the waters o'_ a harbor. Uni m for standards and specifications for the design, lettering and general locations of such signs shall be prescribed by the Director of Harbors and Beaches. S. 7633 SHORELINE STORAGE PROHIBITED. No person shall place or allow any aban- doned vessel, boat or material, garbage, refuse or timber or waste matter of any type whatsoever to remain on beaches, piers, wharves, .jetties, groins, bulkheads, seawalls, flats or shoreline of any harbor. S. 7634 VESSEL WASTES. No person shall own or operate a vessel equipped with any head (toilet) or receptacle for human body wastes in the waters of a harbor unless: (a) Said vessel is also equipped with a holding tank designed to retain all human body wastes deposited in said head or receptacle until such time as said sewage can be discharged into a sanitary sewer system or discharged otherwise in accordance with law; or (b) Said head or receptacle is connected directly to a sanitary sewer system; or (c) Said head or receptacle .is connected to an on=board "sewage treatment system which produces an effluent meeting such standards as may be approved by the county Health Officer for discharge into the waters of a harbor. The effective date of this section shall be January 1, 1974. (1792 - 12/72) S. 7635 MARINA PUMP-OUT FACILITIES. The owner and operator of every commercial marina shall provide a permanent holding tank pump-out facility or equivalent service which is operable and available for use at all times and which is capable of servicing all vessels berthed, docked, or moored at said marina. The effective date of this section shall be January 1, 197.4. (1792 - 12/72) S. 7641 HARBORS PUBLIC PLACES ARTICLE 764 PIER AND DOCK REGULATIONS S. 7641 PERMISSION REQUIRED TO TIE UP TO PIER OR OTHER VESSEL. No person having charge of any vessel shall make the same fast to a wharf, dock, seawall or the front of any pier without the consent of the owner, agent or person in charge of such wharf,. dock, seawall or pier. No person shall make fast any vessel to any other vessel already occupying any wharf, dock, seawall, or the front of any pier either public or private. No vessel shall be allowed to extend beyond the pierhead line into the public right-of-way. S. 7642 TYING - UP VESSEL. Every vessel lying at any pier shall be fastened thereto from bow and stern with such lines and in such manner as to assure the security of the vessel. S. 7643 DIRECT FUELING PROHIBITED. No person shall fuel any vessel secured to or adjacent to a wharf, dock, seawall or any pier with any petroleum product directly from a tank wagon or truck. ARTICLE 765 PERMITS AND FEES S. 7651 PERMITS REQUIRED. No person shall erect, construct, enlarge, alter, repair, move, convert or demolish any pier, dock, wharf, float or buoy within the City of Huntington Beach without obtaining a permit to do so from the Director of Public Works. S. 7652 FEES. The permit for private facilities shall be $25. The permit fee for commercial condominium and all other facilities shall be based on the fees required by Section 303 of the Uniform Building Code, and as may be set from time to time by ordinance. ARTICLE 766 ENFORCEMENT S. 7661 PENALTY. Any person or persons violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, con- tinued or permitted and upon conviction of any such violation, such person shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. PUBLIC PLACES PARKS CHAPTER 77 PARKS (1026, 1246) ' ARTICLE 771. :GENERAL PROVISIONS 772. REGULATIONS 773 . PENALTY ARTICLE 771 GENERAL PROVISIONS Ss 7711 Definitions, S. 7711.1 Person means any individual, firm partnership, joint ven- ture, association, social. club, fraternal organization, corporation, or any other group acting as. a unit, S. 7711.2 Alcoholic Beverages means any and all spiritous, vinous malt or fermented liquor, liquids or compounds, whether medicated, proprietory, patented or not, and by whatever name called, containing one-half of one percentum, . or more, of alcohol .by volume, which are potable or fits as , or which may be used for beverage purposes . ARTICLE 772 REGULATIONS S . 7721 Unlawful .Actse It shall be unlawful for any person to do or commit, or for any person to cause or permit to be done or committed within the boundaries .of any public -park-within the City of-Huntingtoq Beach, any of the fo iowing: S. 7721.1 Disfiguration and removal: Willfully cut, break,_ injure, deface, disfigure, tamper with, displace or remove any tree, 4trub, plant, turf, rock, . sand, soil, building, fence, table; bench,....barbecue unit, pole, light, playground apparatus, bridge, rail- ing, :paving material, fountain, trash receptacle, . water -line or -other public utility, part or appurtenance thereof, sign, notice or placard whether temporary or: permanent, _ monument, stake, . post, or . other.. bound- ary marker, structure, or park .facility whatsoever, either real or personal. S . 7721.2 Public .Toilets : Fail to cooperate. : in maintaining public toilets in a neat and sanitary condition...or . to loiter -in or about any public toilet or to enter. any public toilet designated for the opposite sex except that this provision shall not apply to persons under five (5) years of age that are accompanied by a parent or guardian. S . 7721.3 PARKS PUBLIC' PLACES S. 7721.3 Trash and Garbage. Deposit, throw, discharge or otherwise place any paper, rubbish, debris, or any substance, matter or thing, either liquid or solid , in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to : any park or in or on the grounds of said park except in the proper receptacles where these are provided . Where receptacles are- not provided all such rubbish or waste shall be carried from the park by' the person responsible for its presence, and properly disposed of elsewhere. S. 7721.4 Vehicles: Operate, drive, ride, park, or leave standing any motor vehicle or any other vehicle or to ride any horse or other animal at any time provided, however, that the provisions of this section shall not apply to those specific areas within any public park of the City which shall have been regularly and lawfully set aside for the use of vehicles or for use of horses or other animals; and provided further, that the provisions of this section shall not apply to any vehicle used or owned by the City or any commercial vehicle used or owned by the City or any commercial vehicle making lawful deliv- eries to or otherwise lawfully engaged in any undertaking or enterprise within any public park of the City. S . 7721.5 Animals: Lead or let loose any cattle, horse, mule, goat, sheep, swine, or fowl or animal of any kind except that it shall not be unlawful to maintain dogs on a leash not in excess of six (6) feet. S . 7721.6 Conduct: Indulge in riotous, boisterous, threatening, or indecent conduct or use abusive, profane, or indecent language . S . 7721.7 Gambling: Gamble or engage in gambling. S . 7721.8 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 except by written permission from the City Administrator of the City. S . 7721.9 Alcoholic Beverages: To consume or have in his or her pos- session, custody, or control any alcoholic beverage of any kind whatsoever . S . 7721.10 Games and Activities. It shall be unlawful for any person to take part in or abet the playing of any activity which endangers the health, safety or welfare of the participant or any person whomsoever in any park, except on fields and courts or areas specifically provided for such games or activities . Such games and activities shall include, but shall not be limited to, the following: baseball, archery, tackle football, golf, motorboating, water skiing, use of firearms or fireworks, model-airplane flying, or any activity involving thrown or otherwise propelled objects such as balls, stones, arrows or javelins . (1478, 1547-12/69) I .PUBLIC PLACES PARKS S. 7721.11 S. 7721.11 Curfew: Remain, stay, or loiter on or about any such park Uetween the hours of 10:00 p.m. and 5 :00 a.m. of the-, following day provided that this section shall not apply to at- tendance at authorized community activities in the park. S. 7721.12 Advertising and Signs : Announce , advertise or call the pu is attention in any way to any article or service for sale or hire or to paste, glue , tack or otherwise post any sign, placard, advertisement , or inscription whatever except by written per- mission from the City Administrator of the City. ARTICLE 773 PENALTY S. 7731 Violations . Any person violating any provision of this chapter shall, upon conviction thereof be guilty of a misdemeanor, and subject to a fine of not more than Five Hundred Dollars (8500.00) or be im risoned in the City of County Jail for a period not to exceed three (3� months , or by both such fine and imprisonment . PUBLIC PLACES PUBLIC BUILDINGS S. 7811 CHAPTER 78 . PUBLIC BUILDINGS (1026) ARTICLE 781, GENERAL PROVISIONS 782. REGULATIONS 783. SMOKING PROHIBITED AT MEETINGS ARTICLE 781 GENERAL PROVISIONS S. 7811 Definitions. (a) Person means any individual, firm, partnership., joint venture, association, ., social club, fraternal organization, corporation; or any other group acting as a unit. (b) Alcoholic Beverages. Means any and all- spiritous, vinous, malt or fermented liquor,' liquids or compounds, whether medicated, proprietory, patented or. not, and by .whatever name called, containing one-half of one percentum, or more; of alcohol by volume, which are potable or fit as, 'or which- may be used for beverage purposes. (c) Smoke means. the act of smoking lighted tobacco and the distribution of tobacco smoke or fumes into the air by any means. (.1833 - 5/73) ARTICLE 782 REGULATIONS S. 7821 Unlawful Acts. It shall be unlawful for any-person to door commit, or for any person to cause or permit to be dorie .or committed on or . within the premises of any public building within the City of Huntington Beach, 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. 5/9/73 S. 7821 (c) PUBLIC BUILDINGS S. 7811. (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. (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 or any such article or thing. (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. ARTICLE 783 SMOKING PROHIBITED AT MEETINGS (1833 - 5/73) S. 7831 No person shall smoke in a meeting room or chamber during regular, adjourned regular or special meetings of the City Council and all council-appointed boards and commissions. S. 7832 The City Administrator shall cause notices prohibiting smoking to be posted conspicuously in all public buildings and .chambers where meetings of the Council, and council-appointed boards and commissions are held. .S. 7833 Any person violating any provision of this article shall, upon a conviction. thereof, be guilty of an infraction, and punishable by a fine not to exceed One Hundred Dollars ($100) . PUBLIC PLACES PARADES S . 7900 CHAPTER 79 PARADES 149.7 ARTICLE 790. General 791. Permit 792. Appeal 793 • Penalty ARTICLE 790 GENERAL S. 7900 DEFINITIONS . As used in this article, parade means any march, parade, procession or public assembly consisting of persons or animals or vehicles or any combination thereof, upon any public or quasi-public street, road, highway, sidewalk, alley, park, parkway, pier, beach, building or other public or quasi-public place, which obstructs or unreasonably interferes with the free passage of vehicular traffic or pedestrian travel . ARTICLE 791 PERMIT S . 7910 PERMIT REQUIRED. No person shall organize, produce, direct, conduct, manage, institute or carry on any parade without a, permit, first had and obtained from the City Administrator, and no person shall participate in any parade for which no permit has first been issued by the City Administrator . No person shall promote, adver- tise, encourage or solicit attendance to or participate in a parade for which a permit is required by this chapter, for which no permit has been issued or for which a permit has been refused, suspended or revoked under the authority of this chapter . S . 7910.1 Interference with Parade . No person shall knowingly join or participate in any parade conducted under permit, as required by this chapter, in violation of any of the terms, conditions or regulations of said permit, or knowingly join or participate in any permitted parade or any parade held under Section 7923 of this chapter without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct . S . 7910.2 PARADES PUBLIC PLACES S . 7910.2 Application for Permit . Any person desiring to organize, produce, direct, conduct, manage, institute or carry on ` a, parade shall, not less than forty (40) nor more than one hundred eighty (180) days before the date on which it is proposed to conduct such parade, file with the Chief of Police verified application for permit . Such application must be prepared, signed, verified and filed by a responsible person, not less than twenty-one (21) years of age . If such application indicates that the sponsor of such parade is an organization-, the application shall be prepared, signed, verified and filed by an officer of such organization, who is not less than twenty- one (21) years of age . (a) Such application shall contain the names of the applicant, the sponsoring organization, the parade chairman and the a.dd.retses and telephone numbers of each; the drivers license number &nd the thumb print of the applicant and the parade chairman . If 'che parade is to be sponsored by an organization, a copy of the charter or articles of incorporation of such organization, and a complete list of the full names and addresses of the officers or principal place of business of such organization shall be included in such application . The application shall also contain a detailed des- cription and map of the assembly area, disbanding area and the route to be travelled; the assembly time, the starting time, and so far as reasonably practical, the disbanding time; the maximum parade length; the total number of bands, sound vehicles or musical units, if any, their type and number of members in each unit; the total number of public address units, including those that are stationary, mounted on vehicles or portable, the total number of marching units, if any, their type and number of members in each unit; the number of animals, if any, and type; the number of floats, if any, their size, type and method of power; and the space between their units and their speed; and the maximum number of persons who will participate in the parade . (b) If such parade is designed to be held by, on behalf of or for any organization other than the applicant, the applicant for such permit shall file a communication in writing from such organization, authorizing the applicant to apply for such permit on its behalf. S . 7911 PERMIT-PROCESSING FEE. A permit-processing fee in the amount of Twenty-five Dollars ($25.00) shall be paid to the Chief of Police at the time each parade permit application is filed . Checks should be made payable to the City of Huntington Beach. Such fee is not refundable . The Chief of Police shall transmit such fee forthwith to the city Finance Director. PUBLIC PLACES PARADES S . 7912 S . 7912 APPLICATION. Upon receipt of each application for permit, the Chief of Police shall transmit a, copy of such applica- tion to the following: a, City Administrator b Director of Public Works c Fire Chief d Traffic Engineer Each of whom shall investigate she persons involved with, and the activity proposed to be conducted, and other facts, circum- stances and information relating to such application, and each such department concerned shall, within ten ( 10) days. after the filing of each application, make a, written report to the City Administrator who shall within fifteen (15) days after such filing, either grant or refuse a, permit, as--hereinafter provided . The granting or refusal of any permit by the City Adminis- trator shall be final unless appealed to the City Council within ten (10) days from the date of service of written notice of the decision of the City Admin.istrator on the application . Failure to file an appea.: , as hereinafter provided , within such ten ( 10) day period, shall constitute a, waiver of the right to such appeal . S . 7912. 1 Surety or Cash Bond and Insurance . Prior to the issuance of any permit under this chapter, the City Administrator `k may require : (a) The deposit of a. surety or cash bond in an amount sufficient to guarantee the cleaning up of the premises or the removal of any debris left as the result of the activity for which the permit was issued . If, after investigation, the City Administrator determines that an unusual number of policemen, or special officers, will be required to patrol such parade, the City Administrator may require the deposit of a, surety or cash bond in an amount sufficient to pay the additional costs of said patrol. (b) That applicant provide public liability insurance and property damage insurance written by ar. insura.nce company acceptable by the City Administrator in such reasonable limits as shall be required by the City Administrator, and in which the city is named as co- insured . S . 7912.2 Conditions to Grant of Permit . As a, condition of granting such permit, the City Administrator may impose reasonable terms and regulations concerning the time and place of such parade; the area, and manner of assembling and disbanding such parade; the route and spacing of all units of such parade; the maximum number of persons who shall participate therein; the maximum length thereof, the maximum and minimum speed thereof; the stops permitted, if any; the accommoda- tion of other traffic; the number and type of vehicles, if any; and such other requirements as are found by the City Administrator to be reason- ably necessary for the protection of persons or property and control of other traffic . S . 7913 PARADES PUBLIC PLACES S . 7913 ISSUANCE OF PERMIT. The City Administrator shall issue the permit conditioned upon applicant ' s written agreement ► to comply with the terms and regulations of such permit unless the City Administrator shall find that: (a) The time, route and size of the parade will disrupt the movement of other traffic *to an unreasonable extent; or (b) The parade is of a size or nature that requires the diversion of so great a number of police officers of the city to police the line of movement properly and the areas contiguous thereto, as to prevent reasonable police protection to the city; or (c) That the permittee ha,s not provided for the services of monitors, who must be over twenty-one (21) years of age, to control the orderly conduct of the parade in conformity with such permit; or (d) That the permittee has failed to provide reasonable means of informing all the persons participating therein of terms and conditions and regulations of such permit; or (e) The concentration of persons, animals, and vehicles at assembly and disbanding areas and along the parade route will prevent pro- per fire and police protection or ambulance service; or (f) Such parade will not move from its assembly area to its disbanding area, expeditiously or without stopping en route except when reason- ably required for the same and orderly conduct of the parade; or (g) Such parade will interfere with another parade for which a permit has been granted or a parade for which no permit is required by this chapter. S . 7913 .1 Denial of Permit . The City Administrator shall deny such parade permit, and notify the applicant thereof, where: (a) The City Administrator makes any finding specified in the fore- going section as cause for not issuing such permit; or (b) Any material facts or information contained in the application are found to be false or nonexistent; or (c) The applicant refuses to agree to abide by or comply with all conditions and regulations of the permit; or (d) Applicant has failed to file the surety or cash bond or liability insurance and property damage insurance required by the City Administrator under authority of this chapter. S . 7913 .2 Reconsideration After Application . The City Administrator may reconsider aii or part o e application for permit or of any permit, theretofore granted, either upon motion of applicant or City Administrator after five (5) days written notice thereof to applicant . Such motion for reconsideration shall not be a condition precedent to judicial review. i PUBLIC PLACES PARADES S . 7914 S . 7914 CONTENTS OF PERMIT. In each permit, the City Administrator shall prescribe: (a) The assembly area and: time therefor; (b) The starting time; (c) Th minimum and maximum speeds; (d) The route of the parade; (e) What portions of streets to be traversed may be occupied by such parade; (f) The maximum number of persons who shall participate in the parade; the maximum number of platoons or units and the maximum and minimum interval of space to be maintained between the units of such parade; (g) The maximum length of such parade in miles or fractions thereof; (h) The disbanding area and disbanding time; ( i) The number of persons over the age of twenty-one (21) years required to monitor the parade; (j) The number and type of vehicles, if any; (k) The material and maximum size of any sign, banner, placard or carrying device therefor; (1) That permittee advise all participants in the parade, either orally or by written notice, of the terms and conditions of the permit, prior to the commencement of such .parade; (m) That the amplification of sound permitted to be emitted from sound trucks, or bull horns, be fixed and not variable; (n) That the parade continue to move at a fixed rate of speed and that any wilful delay or wilful stopping of said parade, except when reasonably required for the safe and orderly conduct of the parade, shall constitute a violation of the parade permit; (o) Such other terms and regulations as are found by the City Adminis- trator to be reasonably practicable . S . 7914.1 Request for Alternatives . If the denial of permit is base.d in whole or in par on he date, hour, or route of travel, the applicant may submit with his motion for reconsideration or appeal, a proposed alternative date, route of travel or hour. S . 7915 PARADES PUBLIC PLACES S . 7915 LATE APPLICATIONS. The City Administrator shall have authority, in his discretion, to consider any application for a permit to conduct a parade which is filed less than forty (40) days before the date such parade is proposed to be conducted . S . 7916 OFFICIALS TO BE NOTIFIED. Immediately upon the granting of a parade permit, tFe City Administrator shall send a copy thereof to the following: a The City Attorney b Director of Public Works c Fire Department d Chief of Police e City Clerk f City Traffic Engineer S . 7917 PARADE PROHIBITED. No permit shall be issued authorizing he conduc of a parade which the City Administrator finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is designated to be held purely for private profit . S . 7918 REVOCATION OF PERMIT. Any permit for a parade issued here- under may . be summarily revoked by the City Administrator at any time; (a) When by reason of actual or threatened disaster, public calamity, riot or other emergency, the City Administrator reasonably deter- mines that the safety of persons or property demands such revoca- tion; or (b) When the City Administrator has reasonable cause to believe that any material term, condition, restriction or regulation of the permit has been or is being violated . `r PUBLIC PLACES PARADES S . 7920 ARTICLE 792 APPEAL S . 7920 APPEAL. FILING OF. Any appeal to the City Council shall set forth fully the grounds upon which the appeal is based, shall be in writing and shall be filed with the City Clerk who shall present a copy of the appeal to the City Council, and forward copies thereof to the City Administrator and the City Attorney. The City Administrator shall submit to the City Council the record of the case appealed . S . 7921 SAME. ACTION OF COUNCIL. Within thirty (30) days after fil- ing of the appeal wi Fhe City Clerk, the City Council shall consider the appeal at a, regular meeting. Written notice of the time and place the City Council will consider the appeal shall be mailed by the City Clerk to the applicant at least ten (10) days before the date set for hearing, unless applicant shall waive said notice in writ- ing. In any appeal, the City Council shall consider the application, the record of the case submitted by the City Administrator and .other pertinent information presented, and may deny- or grant . the permit sub- ject to conditions, terms or regulations authorized by this chapter. .The City .Clerk shall, within three. (3) days after decision of the Council, notify the applicant in writing of the decision of said Council. S . 7922 SAME. The City Council may, in its own motion, made within twenty days after the decision of the City Administrator, review the issuance, denial, suspension or revocation of any permit, or review any condition, term or regulation attached thereto. If, after review, the City Council determines that the matter should be considered on appeal before the City Council, it shall order the City Clerk to notify the applicant, City Administrator, the City Attorney and other affected parties of the time and place of such con- sideration, as hereinabove provided . After such consideration, the City Council may deny or grant the permit subject to conditions, terms or regulations authorized by this chapter. S_, 7923 EXCEPTIONS TO PROVISIONS. No permit shall be required . under this chapter with respect to: (a) Any parade sponsored by, or held under the auspices of, the City of Huntington Beach; (b) Any bona fide funeral procession the purpose of which is to trans- port the remains of a deceased person to a place of burial or cremation . S . 7931 PARADES PUBLIC PLACES ARTICLE 793 PENALTY S . 7931 VIOLATION OF ORDINANCE. Any person who violates or wilfully fails to comply with any provision of this chapter, or any of the terms, conditions or regulations of the parade permit issued under the authority of this chapter, is guilty of a misdemeanor. S . 7932 PENALTY. Any person convicted of a, misdemeanor under the pro- visions of this chapter shall be punishable by imprisonment in the city jail of the City of Huntington Beach, or in the county jail of Orange County, as a judge of a court of competent jurisdiction may direct, not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500.00) , or by both such fine and such imprisonment . S • 7933 SEVERABILITY. If any subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons . The City Council hereby declares that it would have adopted this chapter and each .subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions or the application thereof to . any person, be declared invalid or unconstitutional. I BUILDING DIVISION 8 DIVISION 8 BUILDING CHAPTER 81. BUILDING' 82. NATIONAL ELECTRICAL CODE 83 . UNIFORM MECHANICAL CODE 84 . UNIFORM PLUMBING CODE BUILDING BUILDING S. 8111 CHAPTER 81 BUILDING ARTICLE 811. BUILDING CODE 812. HOUSING CODE 813. MOVING OF BUILDINGS 814. SWIMMING POOLS 815. MASONARY WALLS 816. DRIVEWAYS 817. SUN DECKS AND WINDSCREENS 818. TRAILER PARKS 819. DANGEROUS BUILDINGS ARTICLE 811 BUILDING CODE S. 8111 ADOPTION OF UNIFORM BUILDING CODE, VOLUME I, 1970 EDITION. There is hereby adopted by the City .Council of the City of Huntington Beach that certain code known as the Uniform Building Code, Volume I, 1970 edition, and the whole thereof, for the purpose of regulating the erection, construction, en- largement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use height, area, and maintenance of buildings or structures in the City of Huntington Beach; providing for issuance of per.iits and collection of fees there- for; declaring and establishing fire districts; providing penalties for the violation thereof, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT for the following articles and sections : Article 813 8111.2 Article 815 8111.3 Article 816 8111.4 Article 817 8112 Article 818 8112.1 8112.2 Sections: 8112.3 8111.1 8115.6 of which code not less than three (3) copies have been and now are on file in the office of the City Clerk of the City of Huntington Beach and the .same is hereby adopted and incorporated as fully as though set out at length herein, as provided by Section 50022.2 et seq. of the Government Code of the State of California, and from the date of this ordinance shall take effect and the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (375, 530, 592, 869, 1064, 1139, 1331, 1626-2/71) S.' 8111. 1 CONCRETE FLOORS. MINIMUM SLAB THICKNESS. STRUCTURAL AND MIX DESIGN. (a) Except where otherwise permitted in this Section concrete slab-on-ground _ shall be nominal 4 inches or more in thickness with not less than 3-5/8 inches (actual) at any point and for all habitable spaces the following shall be the minimum requirements - separation from earth with approved vapor barrier (poly ethelene minimum .006 or equal mils)- and reinforced with minimum 6" x 6" - #10 x #10 welded wire fabric. (b) Structural slabs shall be of design thickness, but not less than 4 inches. 10/19/73 S. 8111.1 (c) BUILDINC BUILDING (c) Where slabs-in-ground are placed in two operations (double slabs) minimum thick- ness of upper slab, 3 inches; lower slab, 2 inches. (893) (d) Proportions of cement, fine and coarse aggregate and mixing water shall be se- lected to produce concrete of the required durability, workability and strength. Proportions shall follow the recommendations of the American Concrete Institute (ACI 613). The mixture shall be such that the concrete willGnrk readily into corners and angles of forms and around reinforcement without segregation of materials or accum- ulation of excess free water on the surface. (e) Concrete shall contain not less than 5 sacks of cement per cubic yard. (f) Quantity of mixing water shall not exceed 72 gallons per sack of cement, in- cluding the free water contained in the aggregate. (g) Slump. (1) Maximum Slump shall not exceed 4 inches for normal weight concrete or 3 inches for lightweight concrete except that a slump not to exceed 6 inches may be permitted provided segregation of aggregate particles does not occur. (.2) Standard test ASTM C-143 shall be used to measure slump. (3) Concrete shall hav6 a compressive strength, at 28 days, of at least the required design strength but not less than 2,000 psi. (4) A- copy of the Bill' of Lading for all such materials must be made available to the Huntington Beach Building Department Inspectors upon request. (859, 1018) S. 8111.2 METAL BASE SCREED. Metal base screed shall be installed prior to exterior plaster lath application on all residential frame con- struction. (1063) BUILDING. BUILDING S. 8111.3 S. 8111.3 Sections 17953, 17954, 17955, 17956 and 17957. of the State Health and Safety Code, shall govern in relation to housing. (1161) S.. 8111.4 Under.authority of Section 17957 California Health and Safety Code, the Building Department may waiver the requirements for tests on individual lots. as set forth in Section 17954 of the California Health and Safety Code, if as an alternative each and every dwelling within the ,subdivision is structurally designed to withstand the most critical soil problem within that subdivision. (1167) S. 8112 That the entire City of Huntington Beach is hereby declared to be and is hereby established as a fire district, in accordance with the Uni- form Building Code and said fire district shall be known and designated as Fire Zonas 1, 2, and 3 and each such.zone shall include such territory or portions of the City as designated in Sections 8112, 8112.1, 8112.2 and 8112.3 of the Huntington Beach Ordinance Code and of the maps and .records on file in the office of the Plan- ning and Building Departments of the City, which maps and records are hereby adopted as Fire Zone .Maps and Records of the City. of. Hvntington Beach for application of the regulations included in "The Uniform Building (ode" of the Pacific Coast Builders conference as adopted by the City of Huntington Beach. (869) S. 8112.1 FIRE ZONE NO. 1. Those portions of the City of Huntington. Beach des- cribed as follows shall be designated and established as Fire Zone No.l: (a) That portion bounded on the east and southeast by the centerline of Lake Street, bounded on the southwest by the centerline of Pacific Coast Highway, bounded on the northwest by the centerline of Sixth Street, and bounded on the northeast by the centerline of Orange Avenue. (b) Beginning at the centerline intersection of Edinger Avenue and Gothard Street, thence easterly 675.00 feet, more or less along the centerline of Edinger Avenue to its intersection with the easterly line of the Southern Pacific Railroad right-of-way, thence northerly 960.00 feet along said right-of-way to a point, thence westerly 675.00 feet, more or less, along a line to its intersection with the centerline of Gothard Street, said intersection being distant northerly 960.00 feet along said centerline from the point of beginning, thence southerly 960.00 feet along the centerline of Gothard -Street to the point of beginning. (c) Beginning at the centerline intersection of Beach Boulevard and Edinger Avenue, thence westerly 2691.00 .feet, more or less, along the centerline of Edinger Avenue to its intersection with the easterly line of the Southern Pacific Railroad right-of-way, thence northerly 1170.70 feet, more or less, along said line to its intersection with the southerly line of the Southern California Edison Company right-of-way, thence easterly 1950.00 feet, more or .less, along said southerly line to its intersection with the southwesterly line of the San Diego Freeway, thence southeasterly 632.21 feet, more or less, along south- westerly line to an angle point, thence southeasterly 384.00 feet, more or less,. along the southwesterly right-of-way line of. the San Diego Freeway to the angle point, .thence southeasterly 240.00 feet, more or less, along .the southwesterly right-of-way line of the San Diego Freeway and its. southeasterly extension to its intersection with the centerline of Beach Boulevard, thence southerly 210.00 feet, more of less along the centerline of Beach Boulevard. to the point of beginning. (869, 1485, 1558 - 2/70) S. 8112.2 BUILDING BUILDING S. 8112.2 FIRE ZONE NO. 2. All portions .of the City of Huntington Beach included within the commercial districts, as defined in Division 9 of the Hunt- ington Beach Ordinance Code, and those properties on which a use permitted in the com- mercial districts has been allowed by use permit or conditional exception pursuant to Division 9 of this code, and outside of Fire Zone No. 1, s.hall be designated, fixed and established as Fire Zone No. 2. EXCEPTION: Property located in a residential district on which a home occupation is allowed by use permit, shall be exempt from this section. (896, 1147, 1485) S. 8112.3 FIRE ZONE NO. 3. All areas not included within Fire Zone No. 1 or Fire Zone No. 2 and lying within the City of Huntington Beach, California, shall be designated, fixed and established as Fire Zone No. 3. (869) S. 8113 Section 3802(b)8 of the Uniform Building Code is hereby amended, to read as follows: 3802(b)8. In group F, Division 2 occupancies used for retail sales, wholesale sales, factories and workshops using combustible material, or storage of combus- tible goods, when the building is over 12;000 square feet in a single floor area or more than two stories in height, however, the respective increases for area and height as specified in Sections 506 and 507 shall be permitted. S. 8113.1 Section 3802 of the Uniform Building Code is hereby amended by adding thereto subsection (d), to read as follows: 3802 d Approved automatic fire extinguishing systems shall also be installed and maintained in operable condition as specified in this chapter in the follow- ing locations: (1) Throughout parking garages over 6,000 square feet in area. (2) Throughout bowling alleys over 6,000 square feet in area. (3) Throughout all drinking and dining establishments exceeding 6,000 square feet or having an occupant load in excess of 150. (4) Throughout all A and B occupancies having a stage or enclosed platform. (5) Throughout all structures having an A or B occupancy with an occupant load of more than fifty (50) above the first story. (6) Throughout all buildings or structures with a usable floor area that is fifty- five (55) feet above grade or containing four (4) or more stories. (7) Throughout all H occupancies when the floor area above the second floor, regard- less of area separation walls, exceeds 5,000 square feet, or when the total number of units in any one structure exceeds fifty (50) . In all cases set forth above, the respective increases For area and height specified in Sections 506 and 507 shall be permitted. Whenever an automatic fire extinguishing system is required by this subsection (d) and by no other provision of this code, reasonable reduction of. other fire protection requirements may be permitted when in the opinion of the Building Official and the Fire Marshal the level of protection contemplated by the Uniform Building Code is substan- tially maintained. (1802 - 2/73) BUILDING BUILDING S. 8114 S. 8114 Section 303 (a) of the Uniform Building Code, Volume I, 1970 Edition, is hereby amended to read as follows: 303 (a) Building Permit Fees. A fee for each building permit shall be paid to the Building Official as set forth in Table No. 3-A. j The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. The valuation to be used in computing the permit and plan-check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work or.permanent _equipment. (1868-9/73) S.. 8114.1 Section 303 of the Uniform Building Code, Volume I, 1970 Edition, is hereby amended by adding new subsections 303 (c) , 303 (d) and 303 (e) , to- read as follows: 303 (c) Special Services. At the request of an applicant the Building Official may authorize the performance of special services not otherwise required by this code nor included in the schedule of fees as specified in this section. The fee for any such special service shall be set by resolution of the City Council. The minimum fee shall be based on not less than two hours per special service request. The fee shall be paid to the City of Huntington Beach. 303 (d) Investigation Fees. Where any work requiring a permit commences prior to the obtaining of the permit, the total permit fee shall be the standard permit fee as required in subsection (a) of this section plus an investigation fee. Where the standard permit fee is equal to $10.00 or _less, the minimum investigation fee shall be $10.00. Where the standard permit fee is in excess of $10.00, the investigation fee shall be the same as`the standard permit fee. The payment of the investigation fee shall not exempt any person from compliance with the provisions of the code or from any other penalty prescribed by law. 303 (e) Reinspection Fee. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection of reinspection. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a reinspection the applicant shall file an application therefor in writing and pay the reinspection fee. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. The fee for each reinspection shall be $10.00. (1868-9/73) 2/21/74. c � I S. 8115 BUILDING BUILDING S. 8115 (Repealed by Ordinance No. 1626-2/73) S. 8115.1 ISSUANCE OF PERMITS. Whenever any type of discretionary approval is required pursuant to the requirements contained in Division 9 of this code, no permit shall issue for excavation, grading, construction, obstruction, remodel- ing, alteration, addition, relocation, or any act which prepares real property for the construction of a building or structure or for the development of said property, or for the establishment of a use, until such discretionary approval has been procured. (1888-12/73) S. 8115.2 Section 302 (d) , entitled "Expiration," of the Uniform Building Code, Volume I, 1970 Edition, is hereby amended by adding thereto the following: However, that period of time between the date of filing of an application for a permit pursuant to the California Coastal Zone Conservation Act and the date final action is taken on said application shall not be included in either the sixty or one hundred-twenty day period. (1831-4/73) S. 8115.3 Section 306 (a) , entitled "Use or Occupancy" of the Uniform Building Code, Volume I, 1970 Edition, is hereby amended by adding thereto the following: CONDITIONAL CERTIFICATE. A conditional certificate of occupancy may be issued by the building official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. Prior to issuing a conditional certificate of occupancy, the building official shall determine that the building or structure meets minimum requirements for the health, safety and welfare of occupants and that the issuance of such certifi- cate will not interfere with or hinder the completion of the building: (a) The expiration date; (b) A list of items to be completed prior to acceptance of the building or structure, .and issuance of a final certificate of occupancy; and (c) A statement that a conditional certificate of occupancy is temporary in nature and that it is issued with the understanding that continued occupancy of the building or structure is contingent upon the completion of listed items and issuance of a final certificate of occupancy for the entire building. S. 8115.4 Section 1603 (a) entitled "Restrictions in Fire Zone No. 2" of the Uniform Building Code, Volume I, 1970 Edition, is hereby amended by adding thereto the following: "EXCEPTION: Greenhouses and lath houses, not exceeding three thousand (3000) square feet in floor area, may be erected in Fire Zone No. 2. They shall be not less than five (5) feet from any property line, except a street property line, and ten (10) feet from other buildings on the same property." (1626-2/71, 1898-1/74) S. 8115.5 (Repealed by Ordinance No. 1626 - 2/71) r BUILDING BUILDING S . 8115.6 S. 8115.6 PENALTY. It shall be unlawful for any person, firm or corporation to occupy, or permit to be occupied, any building or structure, or main- tain a .building or structure which is occupied in the City of Huntington Beach, prior to the issuance of a certificate of occupancy, or conditional certificate of occupancy for such building or structure, or contrary to the terms of any such certificate of occupancy or conditional certificate of occupancy, or after the expiration of the conditional certificate of occupancy. Any person, firm or corporation occupying or permitting the occupancy of any building or structure, or maintaining a building or structure which is being occupied in the City of Huntington Beach, prior to the issuance of a certificate of occupancy or con- ditional certificate of occupancy for such building or structure, or contrary to the terms of any such certificate of occupancy or conditional certificate of occupancy, or after the expiration of the conditional certificate of occupancy, shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which such building or structure is occupied in violation of this code, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $300, or by imprisonment for not more than ninety (90) days, or by both such fine and im- prisonment. (1484) S. 8115.7 SEVERABILITY. If any article, section, subdivision, sentence, clause, .phrase, or portion of this chapter, or any additions or amendments thereto, or, the application thereof to any person, is for any reason held to be invalid or unconstitutional by. the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to .other persons. The City Council hereby declares that it would have adopted this chapter and each article, section, subdivision, sentence, clause, phrase or protion, and any additions or amendments thereto, irrespective of the fact that any one or more articles, sentences, clauses, phrases or portions or the application thereof to any person, be declared invalid or unconstitutional. (1626-2/71) 2/21/74 BUILDING BUILDING S. 8121 ARTICLE 812 HOUSING CODE S. 8121 ADOPTION OF HOUSING CODE.. There is hereby adopted by the City Council of the City. of Huntington Beach by reference that certain code known as the Housing Code, being Volume III of -the Uniform Building. Code, 1970 edition, and the whole thereof. The purpose of such code is to arrest; .remedy _and prevent the decay and deterioration of places of habitation and to eliminate slums and blighted neighborhoods by providing minimum requirements for places of habitation for the protection of life, health, welfare, safety and property of the general public and of the owners and occupants of places of habitation in the City of Huntington Beach; to provide for the issuance of permits and collection of fees therefor; and to provide , penalties for the violation thereof, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT for the following sections: 8122 8122.4 8122.1 8122.5 8122.2 8122.6 8122.3 of which code not less than three (3) copies have been and now are on file in the office of the City Clerk of the City of Huntington Beach, and the same is hereby adopted and incorporated as fully as though set out at length herein, as provided by Section 50022.2 et seq. of the Government Code of the State of California, and from the date of this ordinance shall take effect and the provisions thereof shall be con- trolling within the corporate limits of the City of Huntington Beach. (1424, 1627-2/71) S . 8122 FLOOR SPACE. (1443) S. 8122.1 CONSTRUCTION RESTRICTED. It is unlawful to build or construct any building for human habitation within this city containing less than ; the minimum area of floor space as herein provided. S. 8122.2 MOVED BUILDINGS, "Build or construct" includes any building constructed elsewhere and moved to this city. S. 8122..3 MINIMUM FLOOR SPACE. The minimum floor space area for any building constructed or used for human habitation shall be as follows: S. 8122.4. SINGLE-FAMILY DWELLING. Not less than four hundred (400) square feet. S. 8122.5 DUPLEX OR TWO-FAMILY DWELLING. Not less than 720 square feet. S. 8122.6 MULTIPLE-FAMILY DWELLING. Not less than 240 square feet for each separate apartment. S . 8122.7 PENALTY. Any person convicted of a violation of any provision of this article, or any additions or amendments thereto, shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment. (1627-2/71 1/9/74 Y; 1 S. 8122.8 BUILDING BUILDING S. 8122.8 SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this article, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons. The City Council hereby declares that it would have adopted this article and each sections, subdivision, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases, or portions or the applica- tion thereof. to any person, be declared invalid or unconstitutional. (1627 - 2/71) BUILDING BUILDING S. 8131 ARTICLE 813 MOVING OF BUILDINGS S. 8131 Application for Permit. No person, firm or corporation shall move any building, or structure, or portion of a building or structure into the City of Huntington Beach or relocate within said City, or cause the same to be done without first obtaining a separate building permit for each building or structure, or portion thereof from the Huntington Beach Building Department. This building moving permit will be subject to the follow- ing conditions : (a) Payment of a relocation fee. (b) The maximum time limit for the completion of a move-in building shall be 120 days. (c) All streets shall be dedicated to their ultimate right-of-way and improved to City standards including street trees , street lights and street signs. (d) All utilities shall be installed underground. (e) On site walkways and driveways shall be installed to City standards. (f) The building shall be restuccoed and repainted. (g) Payment of Park and Recreation fees. (h) A cash bond in the amount specified in Section 8131.1 (b). (1208, 1244) S. 813101 Application. Contents : To obtain a permit the applicant shall first file an application therefor, in writing, on a form fur-nished for that purpose by the Building Department. Every such application shall contain or have appended thereto , the , following information., (a) Name of street and official house pumber, the name of the tract and/or block and zone-use legend, the lots number and its dimensions, where the building or structure to be moved is to be placed. (b) The proposed use or occupancy for the building. (c) The tract , block, lot , zone use and official address of the building or structure ' s existing location. (d) All dimensions and structural type of the building or structure. (e) The nature of the repairs and any alterations or additions. (f) The complete valuation of the proposed work. (g) A PLOT PLAN drawn to a scale of not larger than one-eighth inch (1/8" ) to the foot shall be filed with the application. Such plot plan shall indicate with dimensions , all existing and proposed setbacks. (h) One 6" by 10" photograph of said building. (764) S. 8131.2 BUILDING BUILDING S. 8131.2 Posting. When such application is filed with all the information required, the Building Department -shall inspect said building and if it conforms with the minimum require- - ments of the Huntington Beach Building Code for a new building, the MOVING NOTICE cards shall be made out and posted by the Building Department within forty--eight hours from the time of the filing of such application. If the building does not conform with the minimum requirements of the Huntington Beach Building Code, the application shall be denied. Said Moving Notice Cards shall not be less - than one (1) foot square in area, shall be headed "Notice of Moving and Relocation" in blacR- faced type letters of not less than two inches in height , and there shall be printed or typewritten upon said cards the following information, (a) The address from which and to which it is proposed to move structure or structures, together with a brie' description of the structure or structures to be moved. (b) A notice that if a written protest to said moving signed by one or more persons who own real property within 300 feet of the location in which said structure or structures are to be moved, is filed in the office of the City Clerk on or .before the date therein named (which date shall be on or before 7 days after such posting) ; that such protest shall be heard and determined by the City Council of the City, at its first regular meeting after the expiration of the date set for filing protests as aforesaid. - (c) A notice that if a written protest , as above set forth is not filed within said period of time and all other requirements have been fulfilled, the Building Department will issue 9L Re- location Permit as herein provided. One Moving Notice Card shall be posted and located in a conspicuous place on the lot to which it is proposed to move said building or structure, in clear view and approximately fifteen (15) feet back of the front property line of an interior lot. If it is proposed to move the building or structure onto a corner lot , a second Moving Notice Card shall be located and posted in a similar position and facing the secondary street. One Moving Notice Card shall be posted on the front of the building or structure to be moved if said build- ing is within the City of Huntington Beach. The said Moving Notice Cards shall remain posted for a period of seven -(7) consecutive days-. At the end of such posting time, the Moving Notice Cards shall be removed by an official of the City of Huntington Beach. (d) A copy of Sections 8131.2 and 8132 of the Huntington Beach Ordinance Code shall be mailed to owners of real property with- in 300 feet of the location to which said structure or structures . are to be moved. I 1 BUILDING BUILDING S. 8131.3 (e) Notice of the application for relocating a building, together with description and present and proposed location. Notice shall be given by at least one publication thereof in a news- paper of general circulation in this City prior to date of posting, (11,85) S. 8131.3 After the initial inspection by the Building Department , should it be determined by the Building Department that said structure may have an unjurious effect upon the characteristic of the neighborhood in which this building is to be moved, the Director of Building and Safety may refer this matter to the Board of Zoning Adjustments. (1244) S. 8131.3.1 The Board of Zoning Adjustments, upon receipt of this matter from the Director of Building and Safety shall review the matter as an administrative act and determine whether -or not the movement of this building. into its proposed location will have an injurious .effect upgon the neighborhood, based on the following criteria. (a) The age of the building as compared to the age of those in the neighborhood. (b) Architectural design of the building as compared to those in the neighborhood and its effect upon same. (c) The size of said structure in comparison to those in the neighborhood. (1244) S. 8131.3.2 After .hearing said matter the Board of Zoning Adjust- ments may approve-, conditionally approve or disapprove the application for a permit to .relocate. (1244) S. 8132 Protest and Hearing. If a protest against the moving of said building or structure is filed, it shall be in writing and signed by one or more individual property -owners who own-- real property within 300 feet of the location to which said structure or structures are to be moved. Such protest shall be filed in the office of the Building Department of said City during said period of required posting. (764, 1244) S. 8133 Relocation Permit. Inspection Fees. Whenever a permit is sought for the purpose of moving a building from outside the City limits to within. the City limits , the sum of Five Hundred Dollars ($500,00) per living unit shall be paid. to the City to accompdhy the application for a permit. If said application is denied, the sum of Four Hundred Dollars ($400.00) per living unit will be refunded to the applicant. Whenever a permit is sought for the purpose of relocating " -an building within said City, the sum of Five Hundred Dollars ($500.00)rper living unit shall be paid to the City to accompany the application for a permit.. If said application is denied, the- sum -of Four Hundred Dollars ,($400.00) per living unit will be refunded to the applicant. Provided, ' however , if any building shall be relocated 'upon- the same parcel, a fee of Twenty-five Dollars (825.00) shall be paid to the City to accompany the application for a permit, which sum shall be retained by the City whether such permit is granted or denied. Applicant must then proceed henceforth as per existing ordinance and shall pay -directly to the Building Department any and all fees -other than the original permit fee as hereinabove provided- (764, 1208, 1244) S. 8133.1 BUILDING BUILDING S. 8133.1 Relocation Permit. (764, 1244) (a) Bond Required: No relocation permit shall be issued unless the applicant shall first post with- the Department of Building and Safety, a cash bond by the owner of the premises where the building or structure is to be located. (b) The -bond which shall in form joint and several, name the Gity Hof Huntington Beach as obligee, and shall be in an .amount equal to the cost, plus twenty-five percent (25%) of the work required to be done in order to comply with all of the conditions of such _ relocation permit as estimated by the Building Inspector. (c-)- No bond, however, need be posted in any -case where the Building Inspector shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to adjacent property -of the same owner; but the exceptions herein made shall not apply to unless the City Building Director finds. that no such security is necessary in order to assure compliance_ with the requirements of this .section. S. 8133.2 Bond Conditions : Every bond posted pursuant to this section shall be conditioned: (a) That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Inspector. (b) That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed with the time limit. specified in the relocation' .permit; or if no time limit is specified, within ninety (90) days after the relocation permit is issued. The time limit specified in any permit may be extended for good and sufficient cause by the Building Inspector. No such extension of time shall be valid unless in writing, and no such extension shall release any surety from any bond (764) S. 8133.3 Default In Performance of Conditions - Notice to Be Given. (a) Whenever the Building Director shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal. (b) Such notices shall specify the work to be done, the estimated .cost thereof, and the period of time deemed by the Building Director to be reasonably necessary for the completion of such work. (c) After receipt of such notice the owner shall cause the required work to be performed or failing therein the Building Department shall then proceed forthwith to cause the work required to be performed and completed. All costs incurred shall be paid out of aforementioned cash bond, No liability shall be incurred therein other than for the expenditure of the said sum in hand therefor, (764, 1244) i BUILDING BUILDING S. 8133.4 ` S. -8133.4 Cash Bond - Dfanner :of Enforcement. If a cash bond has . . been posted, 'notice of default as provided above shall be given to the principal, and if the compliance is not obtained within the time specified, the Building Inspector shall proceed without delay and without further notice of proceedings whatever, to use the cash deposit or any portion of such deposit to cause the required work to be done by contract or otherwise , in his discretion. The. balbnce, if any, of such cash deposit shall upon the completion i of the work be returned to the depositor or his successor or assigns , after deductin the cost of the work plus twenty-five percent (25%) thereof. (7645 S. :8133.5 Option to Demolish Building Or Structure. When any default has occurred on the part of the principal under the preceding provisions , the Building Department shall have the option, in lieu of completing the work required, of demolishing the building or structure and clearing, cleaning and restoring the site. (764, 1244) S. .8133.6 Period and Termination of Bond. The term of each bond posted pursuant to this section shall terminate upon the completion to the satisfaction .of the Building Director of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the Building Director, a copy. -of which shall be sent to any principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this article provided. (764, 1244) Se ,8134 Entry Upon Premises. The Building Director and his duly authorized representatives shall have access to the premises described in the relocation permit, for the purpose of inspection the progress of the work. (1244) S. .8134.1 In the event of any default in the performance of any term or condition of the relocation permit , the Building Director, or any person employed or engaged in his behalf, shall- have the right to go upon the premises to complete the required work or to remove -or demolish the building or structure. (1244) S. 8134.2 It shall be unlawful for the owner or his representatives , successors or assigns , or any other person, to interfere with or obstruct the ingress or egress to or from any such premises of the City of Huntington Beach, engaged in the work of completing, demolishing or removing any building or structure for which a reloca- tion permit has been issued after default has occurred in the per- formance of the terms or conditions thereof. (764, 1244) S. 8135 BUILDING BUILDING S.-'.8135 Relocation Permits - Exceptions. The provisions of this article relating to the posting of bonds shall not apply where the building or structure is to be moved to a location outside of the City limits of Huntington Beach. In such cases , if the Building Director finds that the building or structure is so constructed and in such condition that it may be moved with safety, the permit shall be issued without the requirement of a bond. (764, 1244) S. 8135.1 Relocation Permits - Fees. If relocation is not commenced six (65 mon hs after the filing for a relocation permit , said application will be void and fees forfeited. A new application shall be filed with the required fees before a relocation permit shall be issued. (1244) S. 8135.2 The provisions of this section relative to fees and bonds shall not apply to the relocation of buildings or structures to be used by a governmental agency for a .governmental purpose. (764) . 8136 Inspections Required; Any building moved into this City shall be subject to final inspection by the Build- ing Inspector and shall be inspected and approved prior to occupancy. It is unlawful to move any building into this City to occupy the same unless the same has been inspected and approved by the Building Inspector. (764) S. 8137 Penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall be -deemed guilty of a misdemeanor and upon conviction thereof shall be puns§hable by a fine of not more than $500.00 or by imprisonment in the City Jail for a period of not more than six months or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violations of any of the provisions of this ordinance is committed, continued, or permitted by such persons , firms or corpora- tion and shall be punishable therefor as herein provided. I L'UILDING ;;WIMMING POOL; i3:1.1I:L ARTICLE 814 UNIFORM SWIi MING POOL CODE 1 S . 8141 ADOPTION OF UNIFORM SWIMMING POOL CODE, 1970 EDITION. There is hereby adopted by the City Council of the City. of Huntington Beach, for the purpose of protecting public health, welfare and safety, by prescribing minimum standards for the design, construction or installation, repair or alteration of swimming pools , public or private, and equipment related thereto; requiring the issuance of per- mits and inspections therefor; providing for the administration and enforcement of the standards set forth therein; and prescribing penalties for violations thereof, that certain code known as the Uniform Swimming Pool Code, 1970 edition, compiled by the International Association of Plumbing and Mechanical Officials, and repealing all ordinances and. parts of ordinances in conflict therewith EXCEPT the following sections: 8142 8143 .4 8142 . 1 8143.5 8142.2 8143.6 8143 . 1 8143 .8 8143 .2 8144 .8143 .3 8145 of which code not less than three (3) copies have been and are now filed in the office of the City Clerk of the City of Huntington Beach, and the same is hereby adopted and. incorporated as fully as though set forth at length herein, as provided by Section 50022.2 et seq. of the Govern- ment Code of the State of California, and. from the date of this ordinance shall take effect and the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (1519, 1631-2/71) S . 8142 AMENDMENTS . The Uniform Swimming Pool Code, 1970 edition, is hereby-amended and. changed in the following respects: S . 8142.1 Section 1.0 is hereby amended to read as follows: ADMINISTRATIVE AUTHORITY shall mean the Build.ing and Safety Director of t he . City of .Huntington. Beach. S . 8142 .2 Section 1. 1 is hereby amended to read as follows: DEPARTMENT HAVING JURISDICTION shall mean the Department of Building and -Safety. S . 8142.3 Section 1.5 of the Uniform Swimming Pool Code is amended. by add.ing thereto subsection c to read as follows: (c) Said. permit shall be based on Seven Dollars ($7) valuation per square foot, and the amount of said permit shall be determined by the total valuation as per Table 3A of the Uniform Building Code, Volume I, 1970 edition. o S . 8143 SWIMMING POOLS BUILDING S . 8143 ADDITIONS . The Uniform Swimming Pool Code , 1970 edition, is .hereby amended by add.ing the following sections: S . 8143.1 Section 1.7.1 is hereby add.ed to read. as follows: 1.7. 1. CASH BOND. All applications for swimming pool building per- mits shall be accompanied by a cash bond in the amount of Three Hundred. Dollars ($300) . This bond shall be retained by the City until all con- struction materials have been removed from city streets and all repairs have been made to curbs, walls, sidewalks , streets and other public property damaged by applicant, or as a result of the construction or repair of the swimming pool or any part thereof. In the event applicant does not remove said materials and make said. repairs to the satisfaction of the building inspector, . the full amount of the bond shall be forth- wish and summarily forfeited . Upon the final inspection, and approval by the Administrative Authority, the bond shall be returned to the applicant, unless such bond has been forfeited as provided herein. S . 8143.2 Section 1.7.2 is hereby added to read as follows: 1.7.2. FENCING REQUIREMENTS . All plans submitted to the Administrative Authority for swimming pools to be constructed. shall show compliance with the fencing requirements of this code, and final inspection and approval of all pools hereafter constructed shall be withheld until all such fencing requirements have been complied with. The fencing requirements of this code shall not apply to public swimming pools for which a charge or admission price is required to be paid for the use thereof. S . 8143 .3 Section 1.15 is hereby added to read as follows: 1.15. RECEPTOR BACKWASH. A receptor-backwash line is not required, but in the event a receptor-backwash line is installed, the line must meet the requirements of the latest edition of the Uniform Plumbing Code and. have an approved. type of "P" trap. S . 8143.4 Section 1.16 is hereby add.ed to read as follows: 1.16. SLAB. Pool equipment shall be installed on a slab four (4) inches above ground level. _ S . 8143.5 Section 1. 17 is hereby added to read as follows: 1. 17. HOSE BIBBS . All hose bibbs within fifty (50) feet of the pool must be protected. with anti-syphon devices . _ S . 8143 .6 Section 215 is hereby added to read as follows: 215. MAINTENANCE . After completion of the pool, the owner must keep the pool filtered and clean and in a sanitary condition at all times . _ BUILDING SWIMMING"POOLS S . 8.143.7 ,r. S . 8143.7 Section 216 is hereby ad.d.ed to read as follows: 216.. Fencing. . Every person in possession or control of land. within the city, either- as owner, purchaser under contract, lessee, tenant or licensee, upon' which is situated :'a' swimming pool,' shall at all times maintain, on the- lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a substantial fence or wall not lowex' in height than five (5) feet, measured from ground level on the exterior side� of the fence or wall, including gates, with no holes , gaps oP,; openings larger than four (4) inches in any horizontal dimensions; provided, that if the fence is designed with over two (2) inch horizontal openings between. vertical risers, no horizontal member shall be installed. that. will. afford a means of climbing such fence, wall or gates . These horizontal members must be located at or near the top and bottom of the fence or wa .,l to provide the maximum amount of vertical clearance A dwell. ng 4puse or appurtenant structure may be used as a part of. such enclosu�e,.'­ Gates or _doors shall be provided with self-latches and self- closing devices capable of keeping such gates or doors securely, latched and. closed -at alb. times .,- Such d_Pvices shall be located not less than five (5) feet above exterior grade of such doors . This section includes walk-through garage doors . This section is not designed to prevent the use of other- pro- tective devices, subject to approval of the Administrative Authority, provided the degree of protection is not reduced from that given above . S . 8143.8 Section 217 is hereby added. to read as follows: 217 Soil Conditions . All areas in Huntington Beach are considered expansive soil areas unless otherwise specified by an engineer's report. Pool decking design must be as shown on plans for expansive soil. Expansion Joint. Separate between pool coping and. decking must be. provided. and. seal joint with approved compound . A nonsetting mastic, rubber or similar compound is necessary. Cantilevered Decks . All cantilevered decks must have a nonsett'ing. mastic, rubber or simI15.7 compound between top portion of tile and underside of cantilevered decks . All cantilevered. decks must have a strip df mastic on top of the bond. beam, between the bond. beam and deck, before the deck is poured, unless preparations are made for the steel to extend from the bond beam into the deck. S . 8144 SWIMMING POOLS BUILDING S . 8144 PENALTY. It shall be unlawful for any person to construct, install, repair or alter swimming pools, public or private, and equipment related thereto contrary to. or in violation of any of the provisions of this code . Any person, . firm or corporation violating the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in jail for a period. not exceeding six (b) months, or by both such fine and imprison- ment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of the provisions of this code is committed, continued or permitted. by such person, firm or corporation, and shall be punishable therefor as herein provided . S . 8145 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this code is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of this code . The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses , phrases or portions be declared invalid or unconstitutional. BUILDING BUILDING S. 8151 ARTICLE 815 MASONRY WALLS S. 8151 Masonry Walls. All masonry walls will be constructed according to City Standard Plans Nos. 126-A, 126-B, 126-C, 127, 128 and 129. All notations and information delineated on these plans are hereby made a part of this ordinance. S. 8151.1 Six (6) Foot Block Wall. See Standard Plan No. 128. S. 8151.2 Four (4) Foot Block Wall. See Standard Plan No. 129. S. 8151.3 Masonry Retaining Wall. See Standard Plan No. 126-A, 126-B, 126-C and Plan No. 127. S. 8151.4 ,Required Inspections. Following excavation of footings and post holes , with reinforcing steel on job. (a) Prior to placement of 4th course of blocks. (b) Prior to grouting -pilasters. (914) ARTICLE 816 DRIVEWAYS AND PARKING AREAS S. 8161 Driveway Design; Driveway shall extend from street or alley pavement or curb .line to garage, carport or parking space. Minimum width, 10 feet. Driveway entrance shall have a flare or radii adequate for safe and convenient ingress and egress. Maximum gradient between vertical transition, 1-3/4 inches per foot (14 percent). Vertical transition shall prevent contact of car under- carriage or bumper with surface. Horizontal alignment shall be safe and convenient to back car out or an adequate turn around shall be provided. 6 S. 8161.1 BUILDING BUILDING S. 8161.1 Crown or cross-slope: Minimum,. 1/8 inch per foot (1 per cent). Maximum, 5/8 inch per foot (5 per cent ). Ribbon driveways may .be used in accordance with the following: (a) Ribbons shall be concrete , 5 feet o.c. (b) Minimum width of ribbon, 2 feet. (c) Apron at street shall be flared and improved full width for at least 12 feet length, using concrete or other acceptable material. (924) S. 8162 Construction: Subgrade shall be well drained, uniformly graded and compacted to prevent harmful differential settlement. S. 8162.1 Soil Sterilization: Soil sterilization shall be used in all areas to be paved where there is evidence of vegetation. Pavement shall be concrete bituminous -pavement or other appropriate local road materials. . (924) S. 8163 Concrete Pavement: (a) Minimum thickness , 4 inches actual. (b) Provide an expansion joint at public walk or curb and at garage or carport slab. (c) Provide contraction joints at approximately 10 foot intervals. (d) Finished to provide smooth surface true to cross section and grade. (e) Concrete shall be kept moist for a period of three days to insure proper curbing. S. 8163.1 Bituminous Pavement : (a) Base shall be of crushed stone, gravel 'or other appropriate, durable road materials , properly com- pacted to four (4) inch minimum compacted thickness. (b) Wearing surface shall be bituminous concrete, com- pacted to minimum thickness , two (2) inches. BUILDING BUILDING S. 8163.2 S. 8163.2 Aggregate Base - shall be Class 2 aggregate base, graded to 3 inch maximum, shall conform to and be placed in accordance with the provisions for Class 2 aggregate base as specified in Section 26 of the Standard Specifications of the State of California, Department of Public Works, Division of Highways , Dated January, 1960. S. 8163.3 Asphaltic Concrete - shall be Type B asphaltic concrete, graded to 17T inch maximum, shall conform to and be placed in accordance with the provisions for Type B asphaltic concrete as specified in Section 39 of the Standard Specifications of the. State of California, Department of Public Works Division of Highways , Dated January, 1960. (924, 10635 v S. -8I71 BUILDING BUILDING ARTICLE 817 SUN DECKS AND WINDSCREENS 111 S. 8171 Limits. No deck structure shall extend more than five T5r7Teet beyond the bulkhead. S. 81t2 Railing. Railing, not exceeding 42" (forth-two inches) in height , may be constructed completely surrounding deck area. S. 8173 Windscreen. Windscreen may enclose 50'1 of the deck perimeter within the following structural limitations: S. 8173.1 Shall be self supporting and not attached to an existing dwelling. S. 8173.2 No portion of a windscreen shall be covered or roofed - over in any manner. No device or materials shall be incorporated in this structure that connects the windscreen to the dwelling. S. 8173.3 All required side yard setbacks shall apply. S. 8173.4 No windscreen shall exceed eight W ) feet in height , measured from finished floor of deck. S. 8173.5 All portions of windscreen above the allowed 316" railing height shall be glass and shall be maintained in a transparent condition. S. 8174 Top. Top of deck elevation shall not be above the first f400r elevation in the dwelling unit. S. 8174.1 No material shall be attached to this structure that in any way tends to obscure the glassed-in area. S. 8175 This ordinance shall apply only to lots designated as "Waterfront lots" and patio decks projecting beyond the bulkhead line shall be limited to wharfage areas assigned to said waterfront lots. S. 8176 Any person, corporation or firm desiring to build a deck projecting beyond the bulkhead must first obtain a license from the City to do so. S. 8176.1 Fees. The fees for said license will be $5.00.• annually. BUILDING BUILDING S. 8181 ARTICLE 818 TRAILER PARKS (1150) S. 8181 Unlawful Occupa�nc�. It shall be unlawful for any person in a trailer park to use or cause or permit to be used for occupancy: (a) Any trailer coach from which any tire or wheel has been re- moved therefrom, except for the purpose of making temporary repairs or placing it in dead storage. (b) Any trailer coach to which are attached arty rigid water, gas or sewer pipes; provided, however, that metal: tubint- . . _ not to exceed one-half '04) inch inside diameter may be used for water, and that metal tubing not less than three-quarter W inch inside diameter nor more than fifteen (15) feet in length may be used for a gas connector from the branch service riser to the service connector. (c) Any trailer coach which is permanently attached with underpinning or foundation to the ground. (d) Any trailer coach which does not conform to the requirements of the California State Vehicle Code governing the use of trailers on public highways. (e) Any trailer coach which does' not carry a current yearly license issued by any State or foreign vehicle department. (f) Any trailer coach in an unsanitary condition. (g) Any trailer coach which is structurally unsound and does not protect its occupants against the elements. S. 8181.1 Unlawful Use. It shall be unlawful for any person to occupy, as living quarters, any trailer coach upon any area or tract of land within the City of Huntington Beach, except as follows : (a) A trailer coach may be parked and used as living quarters in a licensed trailer park. (b) A trailer coach may be parked for display, for sale, and/or trade purposes only on a trailer sales lot for which a current business license has been issued. (c) A trailer coach may be parked upon the. streets within the City of Huntington Beach during the daylight hours, if not in violation of any parking rule or regulation applicable to the area. S. 8181.2 BUILDING BUILDING S. 8181.2 Cabana Rental. No structure or cabana on any trailer sile may a occupied unless the site is tenanted by a trailer, and no structure nor cabana may occupied by any occupants other than those occupying the trailer tenanting the site. S. 8181.3 Unlawful Rent. It shall be unlawful for any person o Fen or hold out for rent any trailer coach in a trailer park which is owned by or in the possession or control of the owner or operator of the trailer park or his agent. The rental paid for any such trailer coach shall also be deemed to be rental for the space it occupies. S. 8182 Parking. It is unlawful to park a trailer coach overnight upon any public highway, including the right-of-way. This provision shall not apply where a trailer coach is parked for the purpose of making emergency repairs. S. 8183 Caretaker. It is unlawful for any person to operate or maintain, or cause or permit to be operated or maintained, any trailer park, unless there is a caretaker in the park at all times. The caretaker shall enforce within the park provisions of this Ordinance governing the operation and maintenance of trailer parks. - S. 8184 Size. Each trailer site in a trailer park shall be nof-less than one thousand (1,000) square feet in area. The corners of &aid area shall be clearly and distinctly marked. The provisions of this section shall not apply to trailer sites in trailer parks in existence and lawfully operating upon the effective date of this Ordinance. S. 8185 Dri�veway. No driveway shall be less than fifteen (15) of et in clear and unobstructed width. No driveway shall be less than twenty-two (22) feet in width if parking is to be rovided on one side of the driveway, and not less than thirty (30� feet in width if parking is to be provided on both sides of the driveway. All driveways shall have clear and unobstructed access to public thoroughfare. The provisions of this section shall not apply to trailer parks in existence and operating upon the effective date of this ordinance, provided that in such trailer parks no driveway shall be less than fifteen (15) feet in clear and un- -obstructed width. BUILDING BUILDING S. 8191 ARTICLE 819 DANGEROUS BUILDINGS S . 8191 ADOPTION OF UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. " 1973 EDITION. There is hereby- adopted by the City- Council of the City of Huntington Beach that certain code known as the Uniform Code for the Abatement of, Dangerous Buildings, 1973 Edition, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, for the purpose of providing a just, equitable and practicable method to be'cumulative and in addition to any other remedy provided by the Uniform Building Code, Volume I, 1970 Edition, or Uniform Building Code, Volume III, Housing, 1970 Edition, or otherwise available at law, whereby buildings or structures, which from any cause endanger the life, limb, health, morals, property, safety or welfare of the .general public or their occupants, may be ,required to be repaired, vacated or demolished; providing penalties for the violation of such code, and repealing all ordinances and parts of ordinances in conflict therewith, of which code not less than three (3) copies have been and now are on file in the "office of the City Clerk of the City of Huntington Beach, and the same is hereby adopted and incorporated as fully as though set out at length herein, as provided by Section 50022.2 et seq. of the Government Code of the State of California, and from the date of this article shall take effect and the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. S . 8191.1 Section 201(a) of the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, is amended to read as follows: 201(a) ADMINISTRATION. The Building Official is hereby authorized to enforce the provisions of this Code. All of the powers and duties vested in the Building Official relating to the abatement of dangerous buildings pursuant to this Code may be exercised and performed by the Fire Marshal. S. 8191.2 Section 402 of the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, is amended to read as follows: 402. At the time the notice and order is served, the Building Official may file in the office of the County Recorder a certificate legally describing the property and certifying that the building is a dangerous building and the owner has been so notified. Whenever the corrections ordered shall have been completed, or the notice and order reversed, modified or set aside by the Appeals Board upon ' appeal, so that the building no longer exists as a dangerous building on the property described in the certificate, the Building Official sha•11 forthwith file a new certificate with the County Recorder that the building has been demolished or removed or is no longer dangerous. S. 8191.3 Section 502 of the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, is amended to read as follows:. 502. Failure of any person to file an appeal in accordance with the provisions of Section 501 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order, or any portion thereof. However, such waiver shall not affect such person's right to test the administrative order in any court proceeding. 2/7/74 S. 8191.4 BUILDING BUILDING S. 8191.4 Subsection (f) of Section 604 of ,the Uniform Code for the Abatement of Dangerous Buildings, 1973 -Edition, is hereby amended to read as follows: 604(f) RIGHTS OF PARTIES. Each party shall have these rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross-examine opposing witnesses on any matter relevant to .the issues of the hearing; 4. To impeach any witness regardless of which party first called him to testify; 5. To rebut the evidence against him; 6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. 7. The hearing must proceed in the following order unless the Appeals Board, for special reasons, otherwise directs (1) Chairman of the Appeals Board states the violation; (2) Building Official makes his opening statement as to what evidence he will produce; (3) Appellant makes his opening statement as to what evidence he will produce, if any; (4) Building Official presents his evidence and appellant may exercise his right to cross-examine witnesses; (5) Appellant presents his evidence, if any, and Building Official may exercise his right to cross-examine witnesses; (6) Building Official may present rebuttal testimony, if any; (7) Building Official may present closing argument or summation; (8) Appellant may present closing argument or summation; (9) Building Official may present rebuttal argument. S. 8191.5 Section 605 of the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, is hereby amended to read as follows: 605(a) At the conclusion of the hearing, or within ten (10) days thereafter, the . . Appeals Board shall render a decision in writing, containing findings of fact, a determination of the issues presented, and the requirements to be complied with. (b) The decision may affirm, reverse, modify or set aside any order or action of the Building Official. A majority of the members of the Appeals Board must concur in any such decision. The decision of the Appeals Board shall be final. BUILDING BUILDING S. 8191.5(c) , (c) Copies of the decision thereof shall be delivered to each appellant and the Building Official in. the manner prescribed in Section 401(c)., "Service of Notice and Order," and Section 401(d) , "Method of Service." Proof of service shall be filed with the Appeals Board's record of the case. (d) Except for an emergency vacation order, made pursuant to Section 403, enforce- ment of any notice and order of the Building Official, issued under this article, shall be stayed during the pendency of an appeal therefrom, properly• and timely filed. S. 8191.6 Subsections (b) and (c)3 of Section 701 of the Uniform Code for the Abatement of Dangerous Buildings, are hereby amended to read as follows: 701(b) FAILURE TO OBEY ORDER. If, after any order of the Building Official or Board of Appeals made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted under Subsection (a) of this Section or (ii) institute any appropriate court action to abate such building- as a public nuisance. 701(c)3. The Building Official shall, pursuant to an order of any court of competent jurisdiction, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth.in the notice and order, or, if the notice and order require demolition,, pursuant to any such court order, cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair and demolition shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this Code or as otherwise provided by court order. Any surplus realized from the sale of any, such building, or from the demolition thereof, over and above the cost of demolition and cleaning the lot,. shall be paid over to the person or persons lawfully entitled thereto. S . 8191.7 PENALTY. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the pro- visions of this code. Any person, firm or corporation violating any of the provisions of this code, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of .a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by. a fine of not more than Five Hundred Dollars ($500) , or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. (1883-1/74) 2/7/74 BUILDING ELECTRICAL CODE S. 8211 CHAPTER 82 NATIONAL ELECTRICAL CODE 1520 ARTICLE 821. Adoption of Code 822. Amendments ARTICLE 821 ADOPTION OF CODE S. 8211 ADOPTION OF NATIONAL ELECTRICAL CODE. There is hereby adopted by he City Council of the City of Huntington Beach for the purpose of safeguarding persons and buildings and their . contents from hazards arising from the use of electricity for light, heat, power, radio, signaling and other purposes; providing basic minimum standards for all wiring and electrical equipment installed, used or maintained; requiring a permit and inspection therefor; pro- viding for the administration and enforcement of the standards set forth therein.; and prescribing penalties for violations thereof, that certain code, known as the National Electrical Code, 1968 edition, compiled by the National Electrical Code Committee under the spon- sorship of the National Fire Protection -Association, .of which code not less than three (3) copies have' been and are now filed in the office of the City Clerk of the City of Huntington Beach,. and the same is hereby adopted and incorporated as fully .as though set forth j fully herein, including all tables, examples, charts, diagrams, ap- pendix thereto and Tentative Interim Amendments No. 146 and 148, subject to amendments and additions hereinafter provided. This chapter may be cited and referred to as the Huntington Beach Electrical Code. ARTICLE 822 AMENDMENTS S. 8221 AMENDMENTS. The National Electrical Code is hereby amended by adding the following sections to read as follows: S. 8221.1 Administrative Authority. Wherever the words "Adminis- trative Authority" appear in this code, it shall mean the Building and Safety Director of the City of Huntington Beach, or his duly appointed representative. S. 8221.2 ELECTRICAL CODE BUILDING S. 8221.2 Duties of the Administrative Authority. It shall be the duty of the Administrative Authority to enforce all pro- visions of this code. He shall, upon application, grant or deny per- mits for the installation or alteration of electrical wiring, devices, appliances, and equipment. He shall deny permits in cases where any of the foregoing, or the method by which any of the foregoing is ac- complished, is reasonably determined by him to be hazardous or dan- gerous to persons or property because the method of. installation or construction or manufacture results in a condition which is hazardou or dangerous to persons or property, or because such electrical wiring, devices, appliances or equipment is defective or defectively installed. He shall make inspections and reinspections of the installation, main- tenance and repair of all electrical wiring, connections, fixtures, appliances, apparatus, machinery, equipment and work inside, outside, overhead, or underground within his jurisdiction. He shall be the official representative of this jurisdiction to the code making body of this code and shall attend, or cause one or more of his assistants to attend all meetings where code changes are considered. (1674-10/71) S. 8221.3 Activities Prohibited. It shall be unlawful for the Administrative Authority, or any of his assistants, to engage in the business of, in the sale, installation, or main- tenance of electrical wiring, devices, appliances, or equipment, either directly or indirectly, and they shall have no financial in- terest in any concern engaged in such business within the limits of the City of Huntington Beach while holding such office as herein pro- vided for. S. 8221.4 Dangerous Electrical Equipment. When any electrical equipment, or method of installation or manufacture of electrical equipment, is found by the Administrative Authority to be hazardous or dangerous to persons or property because the meth- od of installation or construction or manufacture results in a con- dition which is hazardous or dangerous to persons or property, or because it is defective or defectively installed, the person, firm, or corporation responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs, as re- quired by the sections of this code pertaining to electricity or other laws to place such equipment in a safe condition. If such work is not completed within fifteen (15) days or longer periods, as may be specified by the Administrative Authority, said Admin- istrative Authority shall have the authority to disconnect or order the discontinuance of electrical service to said electrical equip- ment, and any person, firm, or corporation or political subdivision ordered to discontinue such electrical service shall do so within twenty-four (24) hours and shall not reconnect or allow it to be reconnected until notified to do so by the Administrative Authority. (1674 - 10/71) S. 8221.5 Same. "In cases of emergency, where necessary for the safety of persons or property, or where elec- trical equipment may interfere with the work of the Fire Department, the Administrative Authority shall have the authority to discon- nect or cause the disconnection of any electrical equipment immediately. i i I . - BUILDING ELECTRICAL CODE S. 8221.5.1 i S. 8221.5..1 Use of Aluminum Conductors Prohibited. (a) The City Council finds that the acts prohibited by subsection (b) of this section are hazardous or dangerous to persons or property and declares that the public health, safety and welfare requires such prohibition. (b) It shall be unlawful for any person, firm or corporation, either as an owner, architect, contractor, artisan or otherwise, to terminate or to connect to any other conductor, any .solid size No. 6 American wire gauge or smaller aluminum conductor in residential construction branch circuit wiring. (1742 - 4/72) . S. 8221.6 Interpretation of Code. In cases where development in the application and uses of electricity, or methods of installation, construction, or manufacture of electrical conductors, connectors or other electrical equipment or materials, or special or unusual methods of building construction, creates problems- or conditions which are not clearly contemplated by sections of this code pertaining to electricity, and makes literal application to the rule, or rules, impracticable, j the Administrative Authority is hereby empowered to make his own rules wherever there is a question as to motive or method or manner in which material shall be installed; provided, however., that any person who feels himself aggrieved by any rule, or rules, made by the Administrative Authority in accordance with the foregoing, or any member of the City Council, shall, within thirty (30) days from the effective date thereof, have the right to appeal to the Board of Appeals of the City for a review and deter- mination of the reasonableness thereof. The determination of. the Board of Appeals shall be final and no further appeal shall be allowed. (1674 - 10/71, 1750 - 6/72) S. 8221.6.1 Board of Appeals. The Board of Appeals, for the purpose of this article, shall be the Board of Appeal provided for by the Uniform Building Code, Volume I, and the duties and authority of the Board, in addition to those set forth in this article, shall be as set forth in said Uniform Building Code, Volume I, and shall include without limiting the generality of the foregoing the duty of recommending to the City Council such new legislation as the board deems necessary. (1671 - 10/71) S . 8221.7 Permits. No electrical equipment shall be installed within or on any buildings, structures, or premises, publicly or privately owned, nor shall any alteration or addition be made in any existing equipment without first- securing a permit therefor from the Administrative Authority. EXCEPTIONS: (a) Minor repair work, the replacement of lamps, or the connection of portable electrical equipment to suitable permanently installed receptacles. (b) Installations in ships, railway cars, or automotive equipment. (c) The installation, alteration, or repair of electrical equipment installed by or for an electricity supply agency for the use of such agency in the generation, trans- mission, distribution, or metering of electricity. (d) The installation, alteration, or repair, but not the power supply of electrical equipment used for the transmission of commuoJ cations', either by radio or by wire. S. 8221.8 ELECTRICAL CODE BUILDING S. 8221.8 Applications for Permits. Written applications for electrical permits shall describe the work to be done, and shall be made on the forms provided. The application for electrical permits for installation of electrical wiring or equipment shall be accomplished by such plans, specifications, and schedules as may be necessary to determine whether the installation will be in conformity with the requirements of the sections of this code pertaining to electricity. If it shall be found that the instal- lation will conform to all legal requirements and if the applicant has complied with the provisions of the sections of this code pertaining to electricity, a permit for such installations may be issued. No deviation may be made from the installation des- cribed in the permit without the approval of the Administrative Authority. If it shall be found by the Administrative Authority that the electrical equipment is defective or defectively installed, or that such equipment or installation or the method of in- stallation of such is a hazard or danger, or will cause a condition which is a hazard or danger to the safety of persons or property, a permit for such equipment or instal- lation shall be denied by the Administrative Authority. (1674 - 10/71) S. 8221.9 Permit. To Whom Issued. Electrical permits shall be issued only to persons who employ a qualified special electrical inspector, qualified and registered by the Administrative Authority, to provide continuous inspection of the work to be done. EXCEPTION: A special electrical inspector need not be employed by: (a) Any state-licensed electrical contractor, electrical sign contractor or elevator contractor who is acting in a lawful contractual capacity; or (b) Any person who does any electrical work regulated by this code in a single-family dwelling used exclusively for living purposes, provided that said person is: (1) The owner of said dwelling; and (2) Does occupy or will occupy said dwelling; and (3) Personally purchases all materials; and (4) Personally performs all labor connected with the project. S. 8221.10 Annual Permit. In lieu of any individual permit for each installation or alteration, an annual permit shall, upon application therefor, be issued to any person, firm, or corporation which employs full time, one or more registered special electrical inspectors to supervise the electrical work at premises occupied by said person, firm or corporation. Within fifteen (15) days following the end of each calendar month, the person, firm, or corporation to whom an annual permit has been issued, shall transmit to the Administrative Authority, a duplicate copy of the record of electrical work performed and secure a permit. S. 8221.11 Permit Required. No electrical work for which a permit is required shall be commenced in any building or on any premises until a permit to do such work shall have first been obtained. S. 8221.12 Temporary Working Permit. When, in the opinion of the Administrative Authority, special conditions warrant, a temporary working permit may be issued to allow the permittee to commence the installation of electrical wiring prior to obtaining a regular electrical permit; however, the temporary working permit shall be replaced by a regular permit before the final rough inspection can be made. S. 8221.13 Permit Nontransferable. A permit granted to one person, firm, or corpor- ation shall not authorize any other person, firm, or corporation, except an employee of the permittee, to do any electrical wiring. BUIT=NG ELECTRICAL CODE S . 8221. 14 S . 8221. 14 Expiration of Permit . Every permit shall expire and become null and void for any one or more of the following reasons : (a) Whenever the electrical wiring authorized by a permit is not com- menced within sixty (60) days from the date of issuance of such permit . (b) Whenever the electrical wiring authorized by a. permit has been suspended, abandoned, or discontinued for a, continuous period of 120 days . (c) Whenever the electrical wiring done during any continuous period of 120 days amounts to less than ten percent (10%) of the total of the electrical wiring authorized by such permit . S . 8221. 15 Revocation and Suspension of Permit. The Administrative Authority may suspend or revoke any electrical permit for any of the following reasons: (a,) If any reason is found to exist which would have been cause for denial for such permit . (b) Any material misrepresentation or falsity in the application upon which said permit was issued . (c) For failure to comply with the provisions of the sections of this code pertaining to electricity; after due notice of corrections and the time limit therefor has expired; or for failure to comply with other codes of this jurisdiction that may be related to or appertain to the sections of this code pertaining to electricity. S . 8221. 16 Permits Per Job . Where one person, firm, or corporation has an active rough wiring permit, and another person, . firm, or corporation intends to do the electrical equipment or fixture work on the same job, a final rough wiring inspection shall be made and approved before a. permit for equipment or fixtures will be granted to a second person, firm or corporation . S . 8221. 17 Special Electrical Inspector Defined . A special electrical. inspector is a person who has een ound by the Administrati, Authority to be qualified to supervise electrical installations . .Rules for the qualification of special electrical inspectors shall be determined by the Administrative Authority. S . 8221. 18 Certificates of Qualification. Fees . The fees for exam- ination, registration, and renewa of certificates of qualification as a special electrical inspector shall be Ten Dollars ($10) per year, or any fraction thereof, payable annually in advance and unless sooner revoked or suspended, shall expire on June 30 each year. S . 8221. 19 ELECTRICAL CODE BUILDING S . 8221. 19 Electrical Sign Contractors . Information Required . Before hanging or installing any electrical sign, it shall be re- quired of an electrical sign contractor, hanging or installing said sign,. to file with the Building and Safety Department, on a form furnished by such office for such purpose, the following information respecting such sign: (a.) Manufacturer ' s name and address . (b) Underwriter ' 6 label number. (c) Purchaser ' s name and address . (d ) Location of sign. (e) Number of transformers and total KVA rating of same. S . 8221.20 Final Inspection and Approval. It shall be required that an electrical sign contractor, within ten (10) days notify the Building and Safety Department that the installation has been com- pleted and request a final inspection and approval. S . 8221:21 Failure to Comply. Failure to comply with the provisions of this code or repeated failure to obtain final approval of sign installations shall be deemed sufficient cause by the Adminis- trative Authority to refuse further permits . S . 8221.22 Fees . (a) The fees specified in this section must be paid to the Administra- tive Authority for each electrical installation for which a permit is required by this code, prior to the issuance of any permit or addition to any permits . (b) Failure to take out a. permit and to pay fees therefor before com- mencing work shall be deemed evidence of violation of the provisions of this cod;: . Double the amount of permit fees shall be assessed for work commenced before a permit is issued . (c ) Whenever any work for which a permit is required under the pro- visions of this code has been commenced without the authorization of such permit, a special investigation may be required before a permit will be issued for such work. In addition to the regular permit fee and any penalty fee, the said investigation fee which may be collected is as follows : PERMIT FEE INVESTIGATION FEE $10 or less 10 More than $1025 BUILDING ELECTRICAL CODE S . 8221.22 (d ) (d) Before recommencing, proceeding with, or doing any electrical wiring authorized by, but not done before expiration of any such permit, a new permit shall be obtained, and fee therefor shall be one-half the amount required for an original permit for such work, provided that no changes have been made in the original plans and specifica- tions for such work and provided further that such suspension or abandonment has not exceeded one year. (e) New Construction. (1) Residential: (Single or multifamily. ) Fees listed herein- elow for new construction include, when this formula is applied to the square footage area of the building, all electrical installations : One and one-fourth cents l,i,,0) per square foot, plus $1.25 for each service meter, plus 2 for permit issuance . One-half cent (2¢) per square foot for detached or attached garages or carports on the same service . Additional $1.25 for each room where electrical radiant heating is installed in residential new construction. Where underground services are installed, the additional fee for each service shall be $4.50. . (2) Hotels and Motels : Use regular fee schedule in subsection gbelow for a 1 areas except garages or carports . Regarding garages or carports, one-half cent (2o) per square foot for detached or attached garages or carports on the same service shall be charged for hotel and motel occupancies. (3) Commercial Industrial and Assembly Occupancies : Use regular fee schedule in subsection gbelow-: (f) Alterations, Repairs or Improvements - use regular fee schedule . (g) Ae ular Fee Schedule. Minimum permit issuance fee of $2, plus $5 for each service meter on permit, plus fees as listed below for installations . Each self-contained factory-wired, approved unit such as cooking appliances, home appliances, heating appliances, heaters, vegetable cases, drinking fountains, etc . . . . . . . . . . $ 2.00 Radiant ceiling heat per room . . . . . . . . 1.25 Fixtures: First 29 fixtures, each . . . . . . . . . .25 Each additional fixture. . . . . . 12 Each mercury vapor fixture on pole 1.25 Each additional mercury vapor fixture. on same pole . . . . . . . . . . . . . . . •25 S . 8221.22 (g) ELECTRICAL CODE BUILDING Generators, Motors and Transformers: H. P. , K. W. , or K.V.A. Rating of Equipment Up to and including 1 . . . . . . . . . . . . 1.25 Over 1 and not over 5 . . . . . . . . . . . . 2.00 Over 5 and not over 15. . . . . . . . . . . . 3.00 Over 15 and not over 50 . . . . . . . . . . . 4.00 Over 50 and not over 100. . . . . . . . . . . 6.25 Over 100 and not over 500 . . . . . . . . . . 12.00 Over 500. . . . . . . . . . . . . . . . . . 18.75 Outlets: First 20 outlets, each. . . . . . . . . . . . .25 Each additional outlet. .12 Each 5 ft. or fraction thereof multiple outlet assembly . . . . . . . . . . . . . . .12 Each multiple appliance outlet assembly . . . 1.25 Signs and High-potential Gas Tube Lighting: One sign and one transformer. . . . . . . . . 2.50 Each additional sign and one transformer at the same location (same building) . . . . 1.25 Each extra transformer, flasher or time clock. . . . . . . . . . . . . . . . . 1.25 Each additional sign and one transformer on same lot . . . . . . . . . . . . . . 2.50 Each sign and one transformer moved to new location. . . . . . . . . . . . 2.50 Each additional sign and transformer moved to the same new location . . . . . . . . . 1.25- For altering or changing letters of an existing sign . . . . . . . . . . . . . . . 1:25 For converting of each sign or decorative outlet tubing . . . . . . . . . . . . . . . 1.25 Lamp-holding Devices Used on Sign or Marquees: First 20, each. . . . . . . . . . . . . . . . .o6 Next 100, each. . . . . . . . . . . . . . . . .03 Each additional . . . . . . . . . . . . . . . . .01 Temporary Service: Temporary electrical service (each meter) 25.00 Temporary work-with service (Occupied Residential, each meter) . . . . . . . . . 5.00 Temporary work-with service (Occupied Commercial, each meter) . . . . . . . . 10.00 Each temporary, permanent, subpole or construction pole . . . . . . . . . . . . . 2.50 Temporary Construction Lighting: 500 lamps or less . . . . . . . . . . . . . . 2.00 Over 500 lamps. . . . . . . . . . . . . . . . 5.00 Each time clock . . . . . . . . . . . 1.25 Each building moved to new location . . . . . 5.00 Inspections for which No Fee i^ Mersin Prescribed: Each inspection . . . . .per hour . 7.00 Minimum charge . . . . . per 2 hour or less. 3.50 BUILDING ELECTRICAL CODE S . 8221.22 (h) A fee of $10 shall be paid for each annual electric permit at the time such permit is issued . Fees for all new work installed under such permit since date of previous inspection shall be paid accord- ing to the above schedule, at the time when such work is inspected; these fees shall be in addition to fee paid at time when annual permit is issued . (h) Fees for Additional Inspections: (1) Each permit shall be entitled to one reinspection, without additional chanrge, in addition to the required number of inspections established by the Department of Building and Safety. On jobs which may be completely inspected on one inspection trip, two inspection trips will be allowed without additional charge for said second trip. EXCEPTION: The number of inspection trips will not be limited on progress jobs; provided, however, that only one inspec- tion will be permitted for checking a correction . For the pur- pose of this section, progress jobs are those where circumstances beyond the control of the installer make it impossible for the electrical work to be completed at any specific time . (2) If more inspection trips than specified in paragraph (1) above are required due to the fault or error on the part of the installer or his employees, an additional fee of $5 may be required of the installer for each such additional inspection trip. S . 8221.23 Refunds . The Administrative Authority shall collect such fees as are provided to be paid by this code . He shall make no refunds on fees collected amounting to One Dollar ($1) or less, or on any plan-checking fee; refunds may be made to the permittee in an amount equal to eighty-five percent (85%) of the permit fee paid unless the fee paid for the issuance of the permit has been made for an area outside of his jurisdiction or that duplication of permits has been made and two fees have been collected for the same job, in which case one hundred percent (100%) may be refunded; provided that no refund of any fee or portion thereof shall be made in either of the following cases: (a) After one year has elapsed from the date of the issuance of the permit, or (b) If the work designated in the permit has been commenced . S . 8221.24 Change of Contractor or of Ownership. A permit issued here- under shall expire upon a change of ownership or a change of contractor regarding the building or structure for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If the provisions of 8221.22 (e) above are not applicable and if no changes have been made to the plans and specifications last submitted to the Administrative Author- ity, - no charge shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Administrative Authority, a permit fee based upon the valuation of the work to be completed shall be charged to the permit applicant. S . 8221.25 ELECTRICAL CODE BUILDING S . 8221.25 Right of Entry. The Administrative Authority and assistants shall carry proper credentials of their respective offices, and upon exhibition of which they shall have the right of entry, during usual business hours, to inspect any and all buildings and premises in the performance of their duties . S . 8221.26 Inspections and Corrections . Upon completion of the work which has been authorized by issuance of any- permit, with the exception of an annual permit, it shall be the duty of the person, firm, or corporation installing same to notify the Administrative Author- ity who shall inspect the installation at the time such notice is given or as soon thereafter as practicable . Where the Administrative Authority finds the installation to be in conformity with the provisions of this code, he shall indicate his approval by affixing his signature to the proper records, thereby authorizing the use of the installation and connection to the source of supply, and shall notify the electrical utility furnishing the electric service . If, upon inspection, the instal- lation is not found to be fully in conformance with the provisions of this code, the Administrative Authority shall at once notify the person, firm, or corporation making the installation, stating the defects which have been found to exist . All defects shall be corrected within ten (10) days after inspection and notification, or within .other reasonable time as permitted by the Administrative Authority. S . 8221.27 Concealed Wiring . When any part of the wiring installation is to be hidd.en from view by the permanent placement. of parts of the building, or by burial in the ground, the person, firm or corporation installing the wiring shall notify the Administrative Author- ity and such parts of the wiring installation shi?.,ll not be concealed until they have been inspected and approved by the Administrative Author- ity; provided that on large installations where the concealment of parts of wiring proceeds continuously, the person, firm, or corporation instal- ling the wiring shall give the Administrative Authority due notice and inspections shall be made periodically during the progress of the work. The Administrative Authority shall have the power to remove, or require the removal of, any obstruction which prevents the proper inspection of any electrical wiring or equipment. S . 8221.28 Inspection. Annual Permits . Whenever practicable, the Administrative Authority shall visit all premises where - work has been done under annual permits, and shall inspect all electric wiring, devices, appliances, and equipment installed .under such a permit since the date of his last inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the pro- visions of this code after the fee required by this code ,has been paid . S . 8221.29 Unlawful Connection of Electrical Service . Except where work is done under an annual permit, it shall be unlawful for any person, firm, or corporation to make connection from a source of electrical .energy or to supply electric service to any electrical wiring, devices, appliances, or equipment for the installation of which a permit is required, unless such person, firm, or corporation shall have obtained satisfactory evidence from the Administrative Authority that such wiring devices, appliances, or equipment are, in all respects, in conformity with all applicable legal provisions . BUILDING ELECTRICAL CODE S . 8221. 30 S . 8221.30 Disconnected Electrical Service . It shall be unlawful for any person, firm, or corporation to make connections from a, source of electrical energy or to supply electric service to any electric wiring, devices, appliances, or equipment which has been dis- connected or ordered to be disconnected by the Administrative Authority, or the use of which ha,s been ordered by the Administrative Authority to be discontinued until a. certificate of approval has been issued by him, authorizing the reconnection and use of such wiring, devices, appliances, or equipment . The Administrative Authority shall notify the serving utility of such order to discontinue use . S . 8221 . 31 Disconnected Service . Commercial or Industrial. No existing commercial or industrial building whose electrical service ha,s been disconnected shall be reconnected with permanent electrical service until the Administrative Authority ha,s determined that the build- ing does not constitute an unsa.fe building, as defined by Section 203 of the Uniform Building Code . S . 8221. 32 Rating. All electrical materials, devices, appliances, and equipment, designed or intended for attachment directly or indirectly to any electrical system, circuit, or electrical service for light, heat, or power .shall be only those which conform with the require- ments of this code and of rules and regulations adopted pursuant hereto . Each such article shall bear or contain the maker ' s name, tra.dema,rk, .or identification symbol, together with such rating by the manufacturer as ma.y be necessary to determine the intended use . The correct operating volts and amperes or volts and watts, shall be stated and nc person shall remove, alter, deface or obliterate any such marking . S . 8221. 33 Listing or Labeling . Listing or labeling, as conforming to the standards of the Underwriter ' s Laboratories, Inc . , as approved by the United States Bureau of Standards, or other similar institutions of nationally-recognized standing, shall be prima, facie evidence of conformity with approved standards of safety to life and property. S . 8221 . 34 Used Materials . Previously used material shall not be reused without the written approval obtained in advance from the Administrative Authority. S . 8221. 35 Nameplates . The maker ' s na.mepla,te, trademark, or other identification symbol shall be placed on the outside where it is visible at time of inspection on a.11 electrical ma.teria.ls, devices, appliances, fittings, and equipment used or installed under the provisions of this code. S . 8221.36 Wire Sizes . AWG . Wherever conductor or wire sizes are referred to or specified by number in this code, such number shall be construed to mean the number of gauge of such wire according to standard American Wire Gauge specifications, abbreviated as "AWG . " S . 8221.37 Alterations and Additions . Alterations, additions, exten- sions, or renewal of existing wiring installations shall be made in compliance with the provisions of this code . S . 8221. 38 ELECTRICAL CODE BUILDING S . 8221. 38 Renewal of Wiring. When a, renewal, due to deterioration or da,ma.ge, does not exceed fifty percent (50%) of the area. of an existing building or structure, such renewal ma,y be installed in the same wiring method as the existing installation. S . 8221. 39 Change of Occupancy. When any building or structure or portion thereof, is placed in a, different occupancy class- ification, those portions directly affected by such occupancy change shall be wired in compliance with the provisions of this code . S . 8221.4o Added Load Capacity. Relocated buildings, and existing buildings where additions or alterations occur which re- quire added load capacity, shall be provided with a, new service entrance switch and panel of adequate capacity to serve the intended load, but in no case less than sixty (60) ampere if a, switch is used or fifty (50) ampere if a, circuit breaker is used . S . 8221.41 Outside Work. No open wiring shall be installed on the outside of any building or structure; all electric wiring between buildings or between a, building and a, structure shall be run underground in galvanized or shera.rdized conduit or other approved race- way. This requirement shall apply to all runs to signs, floodlight poles, and to poles supporting festoon lighting. Said festoon lighting may be installed where necessary for auto park lighting or outdoor games or similar uses . S . 8221.42 Sign Service . Signs, individually metered with single- pha.se loads of less than 3500 watts, or not more than two circuits, may be served by a, two-wire service . S . 8221.43 Service-Metering Equipment. Service-metering equipment shall in no case be installed in any occupancy other than the one served by such service equipment . EXCEPTION: Buildings of multiple occupancy may have all service equip- ment installed in a, meter or equipment room in which case each occupant shall have access to such room at all times . S . 8221.44 Show Window Lighting. At least one (1) switched receptacle shall be installed directly above and next to window for every twenty (20) lineal feet of show window or fraction thereof measured along its base . S . 8221.45 Same . Service Entrance . Each service entrance shall be grounded independently. S . 8221.46 Same . Service Grounds . Single meter service grounds shall terminate in the service disconnect . S . 8221.47 Same . Accessible Service Ground Clamp . The service ground clamp shall be accessible at all times and shall be acces- sible without the necessity of crawling at the time of rough inspection . BUILDING ELECTRICAL CODE S . 8221.48 S . 8221.48 Exit Illumination. All exits shall be lighted as required by other applicable city codes . In every apartment house or office building with two (2) or more apart- ments or offices above the first floor, and in every hotel, there shall be installed and kept burning from sunset to sunrise throughout the year, artificial light sufficient in volume to illuminate properly every public hallway, passageway, public stairway, fire escape egress, elevator, public water closet compartment, or toilet room. S . 8221.49 Fire Alarms . (a) Every apartment house three (3) stories or more in height and con- taining more than fifteen ( 15) apartments and every hotel three (3) stories or more in height containing twenty (20) or more guest rooms shall have installed therein an approved automatic or manually- operated fire alarm system designed to warn the occupants of the building in the event of fire . Such fire alarm system shall be so designed that all occupants of the building may be warned simultan- eously. (b) Exclusive Use . No signal system or intercommunicating system used for any purpose other than fire warning meets the requirements of this code . (c) Locations . Stations for operating any manually-operated fire alarm system shall be placed immediately adjacent to the telephone switch- board in the building, if there is a switchboard, and at such other locations as may be required by the fire department . S . 8221.50 Branch Circuits . Article 210 of the National Electrical Code. 1968 edition, is hereby amended by amending the following sections to read as follows : 210-1. SCOPE. The provisions of this article shall apply to branch circuits supplying lighting or appliance loads or combinations of such loads . Where motors or motor-operated appliances are connected to any circuit supplying lighting or other appliance loads the provisions of both this article and Article 430 shall apply. Article 430 shall apply where branch circuit supplies only motor loads . (a.) Accessory uses or other buildings, signs, etc . , separately located on the same lot or premises shall have connecting conductors run underground . - (Agricultural areas excepted . ) (b) Where spare circuit protective devices are provided, or space .for future circuit protective devices are provided on the buss in any flush or semi-flush mounted panel, then raceways of sufficient capac- ity to permit utilization of such spares or spaces shall be provided to an approved accessible locations . Such accessible location is defined as follows : where sufficient attic space is available or underfloor space is available, a raceway shall terminate conveniently for future use in each such space . Where this condition does not exist, then such terminations shall be approved by the electrical inspector . S . 8221.50 ELECTRICAL CODE BUILDING 210.22 RECEPTACLE OUTLETS REQUIRED. Receptacle outlets shall be installed as follows : (a) General. Where portable cords are used, except where the attach- ment of cords by other means is specifically permitted . (b) Dwelling Occupancies . In every kitchen, dining room, breakfast room and bedroom, receptacle outlets shall be installed so that no point along the floor line in any wall space is more than six feet, measured horizontally, from an outlet in that space includ- ing any wall space two (2) feet wide or greater and the wall space occupied by sliding panels in exterior walls . The receptacle out- lets shall, insofar as practicable, be spaced equal distances apart. Receptacle outlets in floor shall not be counted as part of the required number of receptacle outlets unless located close to the wall. At least one (1) outlet .shall be installed for the laundry. As limited elsewhere in this code, a maximum of twelve (12) outlets may be installed on any one circuit, and overcurrent protection shall be twenty (20) amperes . Outlets in other sections of the dwelling for special appliances such as laundry equipment, shall be placed within six (6) feet of the intended location of the appliance . (c) Guest rooms in hotels, motels and similar occupancies shall have receptacles installed in accordance with Section 210-22 (b) . 1 (d ) Minimum Wire Size . For the supply of current to general appliance and convenience receptacle circuits, no conductor smaller than No . 12 A.W.G . shall be installed . No convenience receptacle or appliance receptacle shall be installed or operated on a general lighting branch circuit at any time in any occupancy. EXCEPTION: as permitted by Section 210-26 (b) (e) At least one receptacle shall be installed in rooms containing one or more wash basins or lavatories . 210-26 LIGHTING OUTLETS. (a) Each single-family dwelling and each occupancy of a multi-family dwelling shall have not less than one general lighting branch cir- cuit with a maximum of twelve (12) lighting outlets per circuit installed; minimum wire size shall be No. 14 A.W.G. (b) Every room shall have at least one (1) switched general lighting outlet . Living rooms, bedrooms, family rooms and dens may be excepted, provided at least one (1) switched wall receptacle is installed of the "split plug" variety and supplied by a lighting branch circuit and a convenience outlet circuit. NOTE: The intent of the above is to provide two (2) circuits per room. BUILDING ELECTRICAL CODE S. 8221.50 (210.26c) (c) Entrance doorways providing access to the premises from the exterior shall be provided with exterior illumination suitably located . The illuminating source shall be controlled by an interior switch con- veniently located near the doorway. NOTE: The intent of the above is not to provide a light and switch at every door but only to provide adequate illumination for normal egress and ingress . (d ) In cases where a door is accessible by a stairway, the light shall be controlled by a three-way switch or time clock. TABLE 220-7 OPTIONAL CALCULATION Load (in K.W. or K.V.A. ) Percent of Load Air conditioning and cooling, including heat pump compressors (see Section 220-4(k) . . . . . . . 100% Central electrical space heating (See Section 220-4(k) . . 100% Less than four (�) separately controlled electrical space heating units (see Section 220-4(k) . . . . . 100% First 10 K.W. of all other load . . . . . . . . . . . 100% Remainder of other load . . . . . . . . . . . . . . . 4o% 230.44 WIRING METHODS . Service-entrance conductors extending along the exterior or entering buildings or other structures shall be enclosed in rigid conduit, or, for circuits not exceeding 600 volts, in wireways, auxiliary gutters, or as busways . 230-70(a) DISCONNECTION FROM SERVICE CONDUCTORS . A single main disconnect shall be provided for disconnecting all ungrounded conductors in the building or other structure from the service entrance conductors . (1) All service switches shall be grouped at the nearest readily acces- sible point of entrance of the service entrance conductors . (2) Not more than one (1) service switch of this group is for the same class of service for the same consumer. (3) Where the number of service switches, tapped from the same set of service conductors, exceeds six (6) , the entire current shall be taken through one main disconnect switch. 230-70(g) This subsection is hereby deleted . 230-71(a) Exception No . 1 is amended to read as follows : EXCEPTION NO. 1. For single-family residences having a floor area of one thousand (1000) square feet or over, or an initial load of 10 K.W. or more, computed in accordance with Section 220-4. the service equipment shall have a rating of not less than one hundred (100) amperes, 240 volt, three (3) wire . S . 8221.50 (240-16) ELECTRICAL RODE BUILDING 240-16 LOCATION IN PREMISES . Overcurrent devices shall be located where they will be : (a) Readily accessible, except as provided in Section 230-91 and 230-92 for service equipment and Section 364-11 for busways . (b) Not exposed to physical damage . (c) Not in the vicinity of easily ignitible materials. (d ) Branch circuit protective devices shall be installed in and for each occupancy. EXCEPTION NO. 1. When remodeling existing occupancies, if changed to a different classification, as defined by "Table of Groups of Occupancy, " then the said protective devices may be located at one central point . EXCEPTION NO. 2 . Branch circuit protective devices for single- family residence . NOTE: Nothing contained in this code shall be deemed or construed to permit the installation of any electrical device outlet or cir- cuit in any occupancy, the control of which is not accessible to the occupant at all times . No parts of any circuit shall supply electri- cal energy to more than one occupancy. 250-83 MADE ELECTRODES . Where electrodes described in Section 250-81 and 250-82 are not available, the ground electrode shall consist of: A No. 4 steel reinforcing bar, or an approved equal, a minimum of twenty (20) feet long embedded in the building concrete perimeter foundation. The bar shall be located in the bottom of the footing with a minimum concrete covering of three (3) inches, measured from the underside. One of the bar shall extend out of the foundation adjacent to the equipment to be grounded. to permit the grounding conductor to be secured by an ' approved method . EXCEPTION: Where the above method is not practical, the following electrodes may be used upon approval of the Administrative Authority: (a) Plate Electrodes . Each plate electrode shall present not less than two 2 square feet of surface to exterior soil. Electrodes of iron or steel plates shall be at least one-fourth (1) inch in thickness . Electrodes of nonferrous metal shall be at least 0.06 inch in thick- ness . (b) Pipe Electrodes . Electrodes of pipe or conduit shall be not smaller than of the three-fourths (3/4) inch trade size and where of iron or steel, shall have the outer surface galvanized or otherwise metal coated for corrosion protection. (c) Rod Electrodes . Electrodes of rods of steel or iron shall be at least five-eighths (5/8) inch in diameter. Approved rods of non- ferrous materials or their approved equivalent used for electrodes shall be not less than one-half (2) inch in diameter. BUILDING ELECTRICAL CODE S . 8221.51 S . 8221.51 Conductors for General Wiring. Article 310 of the National Electrical Code, l9bb edition, is hereby amended by amending the following section to read as follows : 310-1(a) General. The maximum current-carrying capacity of con- ductors for new work shall be limited to the values shown in Tables 310-12 through 310-15 under the 75 degree centigrade column heading. Higher temperature ratings may be permitted for rewiring or special installations only when specifically approved by the Administrative Authority. S . 822;1.52 Metal-Clad Cable . Article 334 of the National Electrical Code, 196d edition is hereby amended by amending the follow- ing section to read as follows: 334-6 USE. Except where otherwise specified in this code, and where not subject to physical damage, metal-clad cable may be installed for branch circuits and feeders in concealed work as follows: (a) Type MC. This type of power cable may be used in partially protected areas, such as in continuous rigid cable supports and the like in dry locations and when any of the following conditions are met, it may be used in wet locations : NThe metallic covering is impervious to moisture . A lead sheath or moisture impervious .jacket is. provided under the metal covering. (3) The insulated conductors under the metallic covering are approve for use in wet locations . (See .Section 300-5.) (b) Type AC . Metal-clad cable of the AC type may be used in dry loca- tions; for under plaster extensions as . provided in Article 344; and embedded in plaster finish on brick or other masonry, except in damp or wet locations . This cable may be run or fished in the air voids of masonry block or tile walls; where such walls are exposed or subject to excessive moisture or dampness or are below grade line, Type ACL cable shall be used . This cable shall contain lead-covered conductors (Type ACL) , if used where exposed to the weather or to continuous moisture, for underground runs and embedded in masonry, concrete or fill in buildings in course of construction, or where exposed to oil, or other conditions having a 'deteriorating effect on the insulation. Type AC metal-clad cable shall not be used where prohibited elsewhere in this code, including ( 1) in theatres, except as provided in Section 520-4; (2) in motion picture studios; (3) in any hazardous locations; (4) where exposed to .corrosive fumes or vapors or to weather; (5) on cranes or hoists, except as provided in Section 610-11, Exception No . 3; (6) in storage battery rooms; (7) in hoistways or on elevators, except as provided in Section 620-21; or (8) commercial garages where prohibited in Article 511; (9) Type AC or ACL metal-clad cable may only be used in single-family and duplex .dwellings and their accessory buildings . S . 8221.53 ELECTRICAL CODE BUILDING S . 8221.53 Nonmetallic Sheathed Cable . Article 336 of the National ElectiCal Code, 1968 edition, is amended as follows : 336-3 USE. Nonmetallic-sheathed cable shall not be used for exposed wiring and shall only be used for concealed wiring on single family or duplex dwellings as follows: (a) Type NM. This type of nonmetallic-sheathed. cable may be installed for concealed work in normally dry locations . It may be installed or fished. in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness . Type NM cable shall not be installed where exposed to corrosive fumes or vapors; nor shall it be embedded in masonry or concrete and covered with plaster of similar finish. (b) Moisture and Corrosion-resistant Type NMC . This type of nonmetallic- sheathed cable may be installed for concealed work in dry, moist, damp or corrosive locations, and in outside and in side walls of masonry block or tile . Where embedd.ed in plaster or run in shallow chase in masonry walls and covered with plaster within two (2) inches of the finished surface, it shall be protected against damage from nails by a cover of corrosion-resistant-coated steel at least one- sixteenth (1/16) inch in thickness and three-fourths (3/4) inches wide in the chase or under the final surface finish. 336-6 Subsections (a) and (b) are hereby deleted . S . 8221.54 Rigid Metal Conduit. Article 346 of the National Electrical Code, 19bb edition, is amended as follows: 346-1. USE. Rigid metal conduit may be used under all atmospheric conditions and occupancies, except that ferrous raceways and fittings protected from corrosion solely by enamel may be used only ind.00rs and in occupancies not subject to severe corrosive influences . Where practicable, dissimilar metals in contact anywhere in the system shall be avoided to eliminate the possibility of galvanic action . (See Section 300-5 for limitation in the use of ferrous raceways and fittings protected from corrosion solely by enamel. ) - Unless made of a, material judged suitable for the condition, or unless corrosion protection approved for the condition is provided, ferrous or nonferrous metallic conduit, elbows, couplings, and fittings shall not be installed it concrete or in direct contact with the earth, or in areas subject to severe corrosive influences . Rigid metal conduit installed underground shall be buried a minimum of one (1) foot under grade level unless protected by an approved method . S . 8221.55 Electrical Metallic Tubing. Article 348 of the National Electrical Code, 196d edition, is hereby amended to read as follows: 348-1. USE. Electrical metallic tubing may be used for both exposed and concealed work. Electrical metallic tubing protected from corrosion solely by enamel shall not be used . Electrical metallic tubing shall not be used (1) where during installation or afterwards, it will be subject to severe physical damage; (2) for installation under- ground , in concrete, or where exposed to the weather, or excessive mois- ture. Where practicable, the use of dissimilar metals throughout the system shall be avoided. to eliminate the possibility of galvanic action. (See Section 300-5 for limitation in the use of ferrous raceways and fittings protected from corrosion solely by enamel. ) BUILDING ELECTRICAL CODE S . 8221.56 S . 8221.56 Flexible Metal Conduit . Article 350 of the National Electrical Code, l9bb. edition, is amended to read as follows : 350-2 . USE. Flexible metal conduit shall not be used (1) in wet locations, unless conductors are of the lead covered type or of other type specifically approved for the conditions; (2) in hoistways, except as provided in Section 260-21; (3) in storage battery rooms; (4) in any hazardous location except as permitted in Section 501-4 (b) , 502-4 and 503-3; nor (5) where rubber-covered conductors are exposed to oil, gasoline, or other materials having a, deteriorating effect on rubber_ ; (6) for installation underground, exposed to the weather, embedded in masonry, concrete, adobe, plaster or similar finish; (7) where exposed to physical damage . S . 8221.57 Lighting Fixtures, Lampholders, Lamps, Receptacles and Rosettes . Article 410 of the National Electrical Code, 1968 edition, is amended to read as follows: 410.8 . FIXTURES IN CLOTHES CLOSETS (c ) All lighting outlets shall be operated by a wall or door switch (no pull-chain-lighting fixtures permitted . ) 410-29. FIXTURE RATING . (a) All fixtures requiring ballasts or transformers shall be plainly marked with their electrical rating and the manufacturer ' s name, trademark or other suitable means of identification . (b) The electrical rating shall include the voltage and frequency, and shall indicate the current rating of the unit including the ballast, transformer or auto transformer. (c) No such equipment shall be installed in which the power factor is less than ninety percent (90%) . S . 8221.58 Appliances . Article 422 of the National Electrical Code, 19 edition, is hereby amended as follows : 422-2 . BRANCH CIRCUIT REQUIREMENTS . Every appliance shall be supplied by a, branch circuit of one of the types specified in Article 210. Motor-operated- appliances shall also conform to the requirements of Article 430. In every dwelling unit fixed appliances, such as food grinders, dish- washers, washing machines, dryers, laundry tray locations, built-in refrigerators, built-in freezers, furnaces, air conditioners and built-in heaters, or any other fixed appliances with motors 4 H.P. or larger shall be on a separate branch circuit supplied by a minimum No. 12 A.W.G. wire . Each dwelling unit shall have installed therein an individual food waste- grinder branch circuit. Said circuit shall be supplied with a, minimum No. 12 A.W.G . wire and a fifteen (15) ampere indicating type switch. Said switch shall be located in the wall adjacent to the sink. Food waste grinders shall be wired with a, minimum of No. 16 A.W.G . three-wire S .P.T. -3 thermoplastic hard finish cord or equal and an approved ground- ing type, cord-grip cap must be used . S . 8221.58 (422-40) ELECTRICAL CODE BUILDING 422-40. ' GENERAL. (a) Equipment for use with electrical space heating system shall be of a, type approved for such service . (b) In addition to complying with the general requirements for appli- ances, such equipment shall comply with Part E of this article . (c) The special provisions of this article shall apply to electrically- energized units, panels and cables for space heating . They shall also include central heating systems employing electrical heating units . (d ) Electrical space heating systems employing methods of installation other than covered by Part E of this Article may be used only by special permission . (e) Approved recess ceiling heaters using not more than one (1) 250- wa,tt infrared lamp may be installed on a, lighting branch circuit by reducing the allowable number of lighting outlets by two (2) , for each single-lamp device used . However, not more than two (2) such devices shall be connected to any one (1) lighting branch circuit . Any number of multiple lamp and single-lamp heaters, the total wattage not exceeding 1500 watts, or the total number of 250-watt lamps not exceeding six (6) , may be connected to a. separate twenty (20) ampere branch circuit . S . 8221 .59 Residential Storage Garages . Article 512 of the National Electrical Code, 19bb edition, is hereby amended by adding subsection "A" to Section 512 to read as follows : 512-A. GENERAL. Garages or carports accessory to dwel- ling units shall be wired with a, minimum of one (1) switched-light outlet, and one (1) receptacle per each two (2) auto stalls and/or fraction thereof. Said wiring, if exposed, shall be in approved metal raceways . All wiring to detached accessory buildings shall be run underground . EXCEPTION: Group H Occupancy, receptacle may be omitted . S . 8221.60 Electrical Signs and Outline Lighting. Article 600 of the National Electrical Code, l9bb edition, is amended to read as follows : 600-1. SCOPE. The provisions of this article shall apply to the installation of conductors and equipment for electric signs and outline lighting, as defined in Article 100. A sign circuit shall be provided and installed to an accessible location at the front of all commercial and store buildings. BUILDING ELECTRICAL CODE S. 8221.60 (600-2a) 600-2(a) DISCONNECTING MEANS REQUIRED. An accessible disconnecting means con- sisting of .one or more plug fuses, or a suitable switch shall be in- stalled in or on each fixed sign and in or on a transformer enclosure of each electric discharge outline lighting system to provide means for disconnecting all ungrounded conductors supplying such equipment. (b) Signs individually metered with single-phase loads of less than 3500 watts or not more than two (2) circuitsmay be served by a two-wire service. S. 8221.61 The National Electrical Code, 1968 edition, is hereby amended by adding thereto diagram entitled, "Electrical Service Grounding and Bonding . Requirements." S. 8221.62 PENALTY. It shall be unlawful for any person, firm, or corporation, either as owner, architect, contractor, artisan, or otherwise to install, alter, repair, move, improve, remove, or convert, use or maintain any electrical equip- ment regulated by this code; to cause or permit same to be done contrary to or in violation of any provision of this code. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of the provisions of this code is committed, continued or permitted by such person, firm, or corporation, and shall be punishable therefor as herein provided. S. 8221.63 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this code, for any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the :decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion or any future amend- ments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. (1742 - 4/72) 6/3/74 ELECTRICAL SERVICE GROUNDING AND BONDING REQUIREMENTS Approved by the Southwestern Section International Association of Electrical Inspectors CONCRETE FOUNDATION 20 FT. OR MORE OF #4 BARE COPPER CONDUCTOR (OR LARGER) BELOW THE VAPOR BARRIER AND ABOUT 3 IN. ABOVE THE BASE OF THE FOOTING. SERVICE DISCONNECT IF NEUTRAL TERMINAL IS INSULATED FROM THE CAN, INSTALL A BONDING JUMPER OR SCREW. BOND AS PER N.E.C. SECTION 250-81 SEE N.E.C. OR LOCAL REGULATIONS FOR PROTECTION OF THE GROUNDING CONDUCTOR. ELECTRODE AT THIS POINT SHALL BE WITHIN THE FRAME AND GROUNDED TO THE INTERIOR COLD WATER SYSTEM OF THE BUILDING. i < Q h CONCRETE/FOUNDATION os�� GRADE i( n X -4 /< X / x #4 OR LARGER, BARE COPPER CONDUCTOR — 20 FT. OR MORE APPROX. 3 IN.—T � < A M �o id NOTE: 20 Ft. of #4 reinforcing steel or 20 Ft. of 3/4 inch galvanized steel rigid pipe may be used in lieu of copper conductor, when approved by local inspection authorities. UFER GROUND Section 8221 . 61, Huntington Beach Ordinance Code BUILDING ELECTRICAL CODE S. 8221.62 S . 8221.62 Penalty. It shall be unlawful for any person, firm, or corporation, either as owner, architect, contractor, artisan, or otherwise to install, alter, repair, move, improve, remove, or con- vert, use or maintain any electrical equipment regulated by this code; to cause or permit same to be done contrary to or in violation of any provision of this code . Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a. fine of not more than Five Hundred Dollars ($500) or by imprisonment in jail for a, period not exceeding six (6) months, or by both such fine and imprisonment . Each such person, firm, or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any viola- tion of the provisions of this code is committed, continued or permitted by such person, firm, or corporation, and shall be punishable therefor as herein provided . S . 8221.63 Severability. If any section, subsection, sentence, clause, phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code . The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub- sections, clauses, phrases or portions be declared invalid or uncon- stitutional. BUILDING UNIFORM MECHANICAL CODE S . 8311 CHAPTER 83 UNIFORM MECHANICAL CODE Article 831. Adoption of the Uniform Mechanical Code (Uniform Building Code, Volume II, 1970 Edition) ARTICLE 831 ADOPTION OF THE UNIFORM MECHANICAL CODE UNIFORM. BUILDING CODE .VOL. II. 1970..EDITION . . (140b., 1 2 -2 70 S . 8311 ADOPTION OF THE UNIFORM MECHANICAL CODE UNIFORM BUILDING CODEci VOLUME II 1970 EDITION) . There is hereby adopted by the City Coun of the City of Huntington Beach for the purpose of protecting public health and safety by prescribing minimum standards for the use , design and installation of heating, ventilating, comfort- cooling equipment and refrigeration systems , and requiring a permit and inspection for the installation, alteration and replacement of said equipment, providing for the administration and enforcement of such requirements and prescribing penalties for violations thereof, the Uniform Mechanical Code, being Volume II of the Uniform Building Code, 1970 edition, compiled by the International Association of Plumbing and Mechanical Officials and International Conference of Building Officials , and repealing all ordinances and parts of ordinances in conflict there- with EXCEPT Sections 8313 and. 8314 thereof, by reference, of which code not less than three (3) copies have been and now are filed in the office of the City Clerk of the City of Huntington Beach, and. the same and the whole thereof, including the appendix of the Uniform Mechanical Code standards and fees specified therein, is hereby adopted and incorporated as fully as though set out at length herein, as provided by Section 50022.2 et seq. of the Government Code of the State of California, and from the date of this ordinance shall take effect and the provisions thereof shall bre controlling within the corporate limits of the City of Huntington Beach. S . 8312 PERMIT FEES . Section 304 of the Uniform Mechanical Code, 1970 . edi ion, is hereby amended by adding thereto the follow- ing words and figures: NEW CONSTRUCTION, RESIDENTIAL, SINGLE OF MULTI-FAMILY. Every applicant for a permit to install, add. to, alter, relocate _or. replace a hearing system, appliances, comfort-cooling system or any part thereof, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required . Such applicant shall pay for each permit, at the time of insurance, a fee in accordance with the above schedule, and at the rate provided for each classification shown therein. S . 8312 UNIFORM MECHANICAL CODE BUILDING Fees for new construction, residential, single or multi-family, including all heating and comfort-cooling installations, shall be determined by applying the following formula to the square footage of the area. FORMULA: one-half cent (0) per square foot of dwelling area -plus $3 for each permit. Where duct work is being done under s31) arate contract then the permit fee for duct work shall be One Dollar for residential unit plus Three Dollars ($3) for each permit . Fees for special inspection or investigation to determine code compliance on any items in the above schedule shall be charged per hour, or fraction thereof, at the rate of Five Dollars ($5) per hour. The fees for any installation for which a permit is required but for which no fee is herein provided, shall be based on the valuation of the proposed work and shall be as stated in Table 3A of the Uniform Building Code, 1970 edition, as amended . The fee for plan checking shall be one-fourth (4) of total hearing and comfort-cooling permit and. shall be paid at the time the plans are submitted to the Building Official. Any person who shall commence any warm-air heating, ventilation, comfort-cooling work or refrigeration for which a permit is required by this code without first having obtained a permit therefor, if sub- sequently permitted to obtain a permit, shall pay double the permit fee fixed by this section for such work, with an add.itional charge of Ten Dollars ($10) . Provided., however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and. that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, shall pay a double fee as herein pro- vided . with an additional charge of Ten Dollars ($10) .-- REFUND OF FEES . When construction authorized by a permit is not begun and no inspections have been made, the Director of Building and Safety shall, upon written request from the permittee, make refund of fees subject to the following limitations: No refund of fees shall be made of the basic permit fee cost of Three Dollars ($3) . No refund of fees or any part thereof shall be made unless application for refund shall be made within 120 days from the date of issuance of such permit . BUILDING UNIFORM MECHANICAL CODE " 'S".° S . 8313 PENALTY. It shall be unlawful for any person to install, enlarge, alter, reconstruct, equip, repair, use or 'maintain any heating, ventilating, comfort-cooling or refrigeration system in the city or cause same to be done contrary to or in violation of any of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Six Hundred Dollars or by. imprisonment in the county jail for a period of not more than one year or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense -for each day or portion thereof during which any violations of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as herein provided. S . 8314 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted and passed this chapter and each section, subsection, sentence , clause or phrase thereof irrespective of the fact that one or more sections, sentences , clauses or phrases be declared unconstitutional or void. 4 � BUILDING UNIFORM PLUMBING CODE S. 8411 CHAPTER 84 UNIFORM PLUMBING CODE ARTICLE 841. ADOPTION OF THE UNIFORM PLUMBING CODE 1970 EDITION ARTICLE. 841 ADOPTION OF THE UNIFORM PLUMBING CODE 1970 EDITION (1409, 1630-2/71, 1867-9/73) S. 8411 ADOPTION OF THE UNIFORM PLUMBING CODE, 1970 EDITION. The City of Huntington Beach does hereby adopt and incorporate that certain code known as the Uniform Plumbing Code, compiled by the International Association of Plumbing and Mechanical Officials, being particularly the 1970 edition thereof, and the whole thereof including the appendices thereto, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT the following sections: 8412 8412.3 8412.1 8414 8412.2 8415 of which code not less than three (3) copies have been and now are filed in the office of the- Clerk of the City of Huntington Beach. Such code, and amendments thereto, is hereby adopted and incorporated as fully as though set out at length herein for the purpose of prescribing regulations governing installation and maintenance of plumbing and drainage systems, and the qualifications and registration of persons engaged in the plumbing business. From the date on which this ordinance takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. S. 8412 DEFINITIONS. As used in this chapter, the following words and phrases, unless otherwise indicated from the context, shall have the following meanings S. 8412.1 ADMINISTRATIVE AUTHORITY shall mean the Director of Building and Safety or his authorized representative. S. 8412.2 ASSISTANTS shall mean the deputy inspector. S. 8412.3 DEPARTMENT HAVING JURISDICTION shall mean, unless otherwise provided by law, the Department of Building and Safety. S. 8413 AMENDMENTS. The Uniform Plumbing Code, 1970 edition, is hereby amended- and changed in the following respects: S. 8413.1 FEES. Section 1.12 is hereby amended by adding thereto the following paragraphs: 1.12. Applicant shall pay for each permit, at the time of issuance, one cent (le,) per square foot of total dwelling and garage area plus the applicable fees in the following schedule, and at the rate provided for each classification shown therein: 10/4/73 F. S. 8413.1 UNIFORM PLUMBING CODE BUILDING SCHEDULE OF FEES Forissuing each permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 In addition For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection therefor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 For each building sewer and each trailer park sewer. . . . . . . . . . . . . . . . . .. . . . 5.00 Rainwater systems - per .drain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 Foreach cesspool. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 For each private sewage disposal system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For each water heater and/or vent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 For each gas piping system of one (1) to five (5) outlets. . . . . . . . . . . . . . . . 1.50 For each gas piping system of six (6) or more outlets, per outlet. . . . . . . . .30 For each industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen grease interceptors functioning as fixture traps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 For installation, alteration or repair of water piping and/or water treating equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 - For repair or alteration of drainage or vent piping. . . . . . . . . . . . . . . . . . . . . . 1.50 For each lawn sprinkler system of 50 heads or less or any one meter including backflow protection devices therefor. . . . . . . . . . . 2.00 For vacuum breakers or backflow protective devices on tanks, vats, etc. or for installation on unprotected plumbing fixtures including necessary water piping - one (1) to five (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 Overfive (5) , each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Gas meter (for each separately metered unit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 The fee for any lawn sprinkler system of more than fifty (50) heads, storm drain system, water distribution system or on-site sewer system shall be based on the value of the .proposed work and shall be as provided in Table 3-A, Uniform Building Code, 1970 edition. The fee for any plumbing installation for which a permit is required but for which no fees are specified herein shall be based on the value of the proposed work and shall be as provided in Table 3-A,. Uniform Building Code, 1970 edition, as amended. Fees listed herein for residential construction include all plumbing instal- lations inside the structure. REFUND OF FEES. When construction authorized by a permit is not begun and no inspections have been made, the Director of Building and Community Development shall, upon written request from the permittee, make refund of fees subject to the following limitations: ` BUILDING UNIFORM PLUMBING CODE S. 8414 :No refund of fees shall be made of the basic permit fee cost of Two Dollars ($2) . No refund of fees or any part thereof shall be made unless application for refund shall be made within 120 days from date of issuance of such permit. (1867-9/73) S. 8414 PENALTY. It shall be unlawful for any person to install, enlarge, alter, reconstruct, equip, repair, use or maintain any plumbing or drainage system in the city or cause same to be done contrary to or in violation of any of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Six Hundred Dollars or by imprisonment in the county jail for a period of not more than one year, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of. this ordinance is committed, continued or permitted by such persons, firm or corporation and shall be punishable therefor as . herein provided. . S. 8415 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted and passed this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any or more sections, sentences, clauses or. phrases be declared unconstitutional or void. 10/4/73 BUILDING OUTDOOR `ADVERTISING S . 8511 CHAPTER 85 OUTDOOR ADVERTISING ARTICLE 851. GENERAL 852. , BUSINESS LICENSE 853 . REGULATIONS 854. BUILDING PERMITS 855. ENFORCEMENT ARTICLE 851 GENERAL S . 8511 Definitions . In this Chapter. S . 8511.1 "Advertising Structure" is any -board, fence, sign or structure erected for advertising -purposes , upon �the . surface of the ground, upon which any poster, -bill, printing, painting, device or other advertisement of any kind whatsoever may be placed, - stuck, tacked, posted, _ printed, painted or fastened. S . 8511. 2 Exceptions : Official Notices . This definition shall not be held to include any board, signor surface used exclusively to display official notices issued by any court or public office, or posted by any, publie officer in performance of .a --public duty. . S . 8511.3 Real Estate Signs . Said definition shall not be held to include any real estate sign advertising "For -Sale or -Rent" the property upon -which it stands , provided such real estate s ign has .not a sur4a-ce area greater than nine ' (9) square :feet. -. S . 8511.4 "Face, or Wall of Building" is the .general outer surface of any main exterior -wall of a building. S . 8511.5 "Outdoor Advertising" is advertising on any -advertising structure, or the pasting, posting, printing, painting, nailing or -tacking or otherwise fastening of any handbills , cards , banner, - signs , . posters , advertisements or notices of any kindtahatsoever upon any fence, building, property or :place . S . 8511.6 "Street" included all public thoroughfares excepting alleys . S . 8511. 7 "Street Line" is the boundary -line between the street and the abutting property. (283) So '8521 OUTDOOR ADVERTISING BUILDING ARTICLE 852 BUSINESS LICENSE ..S . 8521 Payment of License Fee Required. No ,person .shall engage in or carry on the business or. occupation of outdoor advertising in the City without paying the license fee imposed by this Chapter. (283) -S . 8522 Time of Payment: Amount. The license fee imposed by this Chapter shall be payable in advance, and the amount thereof shall be the amount specified- in Section 2114 . 2.32 of Chapter 21 of the Huntington Beach Ordinance Code. (898) -.So 8523 Issuance, Scope of License . Upon the payment of the license fee, the City Clerk shall issue to the person, firm or corporation, paying the license fee , a certificate to be known as the "Outdoor Advertising License ;" and such payment .shall entitle the holder -to engage in and carry on the business or , I occupation of Outdoor Advertising in accordance with the provisions of this Chapter. (283) ARTICLE 853 REGULATIONS ..S . 8531 Area Limits -for Signs : Residential District. No •person shall erect or construct, or cause or permit to be erected or constructed, any advertising structure of an area of more than -nine (9) square feet -within any residence district. So 8531.1 Near Residence in Suburban District. No -person shall erect or construct, or.=cause or permit to--'&*- erected . or constructed, any advertising structure of an area of more than nine (9) square feet within .fifty feet (50' ) of a residence within any suburban district of this City. (283) S , 8532 Height Limit. No •person shall erect, construct or main- tain, or cause or permit to be erected, constructed or maintained, within the City, any advertising structure with an advertising surface of more than ten feet six inches (10'6") in height; provided, however, that an ornamental molding or cornice not exceeding two feet (2' ) in width may be ;placed around the same. (283) I BUILDING OUTDOOR ADVERTISING S. 8533 S. 8533 Setback of Signs from Street. . No person. shall erect, construct or maintain, or cause or permit to be erected, constructed or maintained, any advertising.. structure upon any -lot or premises within the City, in such a manner that any portion of said advertising structure is nearer ;to the . line of. any public sidewalk, street, alley or other public place, than the front line of the nearest building in. the .same block. (283) S . 8534 C.lear .Space under Sign. No person shall erect,. construc-t or maintain, or cause or permit to be, erected, constructed or maintained, within this City, any advertising structure erected on the surface of the ground .unless all portions of the base line thereof be at least eighteen inches (18") above the level of the street upon which the . advertising structure faces . .(283) S . 8534..1 Latticework under Sign. A horizontal member six inches (6") wide, or ornamental pilasters and latticework, may be set between the base line and the ground;: but the members comprising such latticework shall. be. of uniform width and shall be. so placed that the open or clear space between the members of such latticework shall be at least equal to the greatest width of any member thereof. (283) S . 8534. 2 Removal of Weeds , Rubbish. No person erecting, constructing, owning or controlling any advertising structure within . this City shall fail, refuse or neglect to remove or cause to be removed any weeds , rubbish, or any inflammable waste or' material from the base of any advertising structure . (283) S . 8535 Structural Strength. . Supports . No person shall erect, construct or maintain, or cause or permit to be erected, constructed or maintained within the City, any advertising structure unless the same"�ne safely and securely built and constructed, and erected upon redwood posts or standard, sunk at least - three feet (3 ' below the natural surface of the ground, and unless the same be. braced by timbers or metal rods in. the rear thereof extending from the top of said advertising structure to a point in the ground equal to a least one-third (1/3) of the height of said advertising structure, measured along the ground from the posts or standards upon which said advertising structure is erected, except when fastened to or the vertical supports of which are placed against the wall of the building. (283) S . 8536 Noncombustible Material. No person shall erect or construct, or cause or permit to be erected, constructed or maintained, within Fire District No. l of the City as said district is now or may be hereafter established by ordinance, any advertising structure unless the surface of the same is built or constructed of metal or other noncombustible material. S'.' 8536 .1 OUTDOOR ADVERTISING BUILDING S . 8536 .1 Wood Parts . The posts or standards upon which the structure rests , and the moldings , cornice, braces and latticework, may be constructed of -wood. . (283) S . 8536 . 2 Posters on Flammable Surface. It is unlawful for any person, except a public officer or employee in per- formance of a public duty, or a private person in giving a legal notice, to paste, post, nail, take or otherwise fasten any cloth, . paper, - or cardboard banner, handbill, poster, sign or notice of any kind upon any building, or upon any wooden faced advertising structure, fence, enclosure, bulkhead or other frame structure ex- cept where a metal surface has been provided. (283) S . 8537 Display of Name of Owner. No person erecting, construct- ing, owning or controlling any advertising structure within this City shall fail, refuse or neglect to cause the name of the person, firm or corporation, erecting, constructing, owning or controlling such advertising structure to be plainly marked, painted or outlined upon or above such advertising structure in a conspicuous place thereon. (283) S . 8538 - Improper Display. No person shall exhibit, post or display, or cause or permit to be exhibited, posted or displayed, any immoral or unlawful act, suggestion, business or purpose . (283) S . 8539 Signs on Pavement, Poles , Etc . It is unlawful for any person except a public officer or employee in the performance of a public duty, to paste, paint, print, nail or tack or otherwise fasten any card, banner, handbill, sign, poster or advertisement or notice of any kind, or cause the same to be done, on any curbstone, lamppost, pole , hydrant, bridge, wal„1 or tree upon any sidewalk, street, or public property except as may be re- quired by ordinance or law. (283) S . 8539 . 1 Signs in Streets . No person shall erect or construct, or cause or permit to be erected, constructed or main- tained, any advertising structure or sign device upon any public sidewalk, street, alley or other public place except as may be required by ordinance or law. (283) ARTICLE 854 BUILDING PERMITS S. 8541 Consent of Landowner, Building Permit Required. No person .shall erect; construct or maintain any advertising structure upon any property, without the written consent of the owner, holder, lessee, agent or trustee thereof, and a written permit from the Building Inspector. (283) i ,-BUILDING OUTDOOR .ADVERTISINC S . 8542 So 8542 Filing of Application. Any person, either as principal, agent or otherwise, desiring such building permit shall _file with 'the .Building . Inspector an ..app'lication therefor. (283) So 8543 Form of Application. Such -application - shall set forth the location on !whic.h it - is-, proposed to erect such advertising structures', describing the same =by lot .or -block, or -by -any -other -description by which t'he same- may sae readily..-located and identified. (283) So 8544 Issuance of Permit - Fee . If the - application shows that the erection, construction, and maintenance of the proposed advertising structure be in .accordance with all the re- quirements of this Chapter, the ,Building Inspector shall issue a .: permit upon the payment-by -the - applican.t of a fee of fifty cents (50G) ifor each twenty-five lineal feef . (25° ) or -fractional part thereof of-such advertising structure to -be erected and- maintained. (283) J. ARTICLE 855 ENFORCEMENT : So 855.1 Duty of.-Enforce Chapter, It shall 'be the duty of the 'Building,-Inspector and Police Department to enforce the provisions of this Chapter. (283) W.- BUILDING SIGNS S. 8611 CHAPTER 86 SIGNS ARTICLE 861. GENERAL 862. PERMIT 863. ELECTRIC SIGNS 864. WALL SIGNS 865. VERTICAL SIGNS 866. HORIZONTAL SIGNS 867. CLOCKS 868. PROHIBITED SIGNS 869. TEMPORARY DIRECTIONAL SUBDIVISION SIGNS , ARTICLE 861 GENERAL S. 8611 Definitions. In this Chapter. S. 8611.1 "Construction wall sign" is all wall signs , electrical or otherwise, attached to the exterior walls of a building. S. 8611.2 "Electric wall sign" is any structure or sign where -electric wiring, devices or fixtures form a part of such sign. S. 8611.3 "Face of building" is the general outer surface of any main exterior wall of a building, and does not include the outer_ cidge of any cornice, bay window or other ornamental trim or feature of any building. S. 8611.4 "Horizontal wall sign" is a sign having its advertising surface in a horizontal position. S. 8611.5 "Marquee" is any canopy projecting over a sidewalk or street , or the area immediately in front of an entrance to a building or property, or attached to and constructed over the entrance of the building. (a) "Marquee sign" is any structure erected upon or attached to any marquee. S. 8611.6 "Roof Sign" is any structure for advertising purposes upon or above the roof of any building. S. 8611.7 SIGNS BUILDING S. 8611.7 "Street clock" is a clock erected upon a standard upon he sidewalk for the convenience of the public and placed and maintained by some person for the purpose of advertising his place of business. S. 8611.8 "Vertical wall sign"is a sign having its advertising surface in a vertical position. S. 8611.9 "Wall sign"is any structure erected exclusively for adver- tising purposes and attached to any exterior wall of a building. (381) i ARTICLE 862 PERMIT S. 8621 Permit Required. No person shall hang, suspend, construct or build any sign or street clock on, upon or over any public street , alley or sidewalk within the corporate limits of this City, or permit or allow any such sign to remain hung, constructed , suspended of placed over any public sidewalk, street or alley within this City, unless a permit therefor has first been obtained as in this Article provided. S. 8621. 1 Exception: Awning Signs. This Chapter does not apply to any sign painted or made upon the awning in front of a building, suspended over the sidewalk. (381) S. 8622 Application for Permit. Any person desiring to hang, suspend , construct or build or otherwise maintain any sign or street clock on, upon, over or above any public street , alley or sidewalk within this City shall make application in writing, upon An approved form, for a permit so to do. (381) S. 8623 Contents of Application. Said application shall contain the name of applicant , location of proplh ed sign,- and legal interest of applicant in. said property (owner , lessee or other- wise). S. 8623. 1 Owner ' s Name : Other Particulars. If applicant is not the owner , then the owner ' s name must also appear , and his address ; specifications , including distance of the sign from wall , height above sidewalk, size of sign, and a true and correct facsimile of said sign. BUILDING SIGNS S . 8623 . 2 S . 8623 . 2 Consent of Owner. If the applicant is a lessee , life tenant, or owns less than the whole or entire fee simple of said property., a written consent of the owner or owners in fee of said property must be filed with said application. S . 8624 Filing, Investigation of Application. Said application must be filed with the Building Inspector, who shall examine and investigate the same and place his endorsement thereon and present to the Council at the next regular meeting or adjourned regular meeting of the Council. (381) S . 8625 Action by Council. The Council shall examine said application and grant or reject the same . (381) S . 8626 Signs over Sidewalks in Fire Zones 1, 2. No vertical wall sign or horizontal wall sign which shall project over the sidewalk shall be erected in Fire Zones 1 and 2, unless the same be an electric wall sign. (381) S . 8627 Issuance of Permit: Fee . Upon approval by the Council, the Building .Inspector shall issue said permit upon pay- ment of the required fee , as provided in Section 203 of the Uniform Building Code, . Chapter 81 of this Code . (381) ARTICLE 863 ELECTRIC SIGNS S . 8631 Specifications for Electric Signs . Specifications for an electric sign shall be as follows : S . 8632 Wiring. Wiring shall conform to the Electrical Ordinance of tht j.C.ity. (381, 410) S . 8633 Material. Signs must be constructed entirely of metal or other approved noncombustible material, except that wood may be used on the inside if kept at least two inches from the nearest lamp socket . . S . 8634 Separation of Wires from Metal. In cases of ornamental scroll work or similar design, where impracticable to support wires as above provided, they may be separated from such metal by a section of porcelain or glass not less than one-eighth inch (1/8") in thickness . (381, 410) S . 8635 Angle Iron. Signs must be braced by angle iron of such thickness and so placed as to secure sufficient strength and rigidity. (381, 410) S . 8636 SIGNS BUILDING S . 8636 Coating of Metal. All metal must be galvanized or �® enameled, or treated with at least three coats of anti- corrosive paint or compound. (381, 410) S . 8637 Drainage Holes Bottom of sign must have at least one- quarter inch (4") drainage hole for each square foot of its surface . (381, 410) S . 8638 Manufacturer 's Name, Trademark. Signs must have the maker 's name or trademark permanently attached to the exterior. (381, 410) ARTICLE 864 WALL SIGNS S . 8641 Specifications for Wall Sign. Specifications for con- struction of wall signs shall be as follows - S . 8642 Material: Attaching ,to Masonry Wall. All signs , electrical or otherwise , must .be constructed of metal or other non- combustible material; and, when such signs are attached to the exterior walls of buildings constructed of masonry, concrete or stone , shall be fastened with galvanized expansion bolts at least one-half inch (2") by three and one-half inches (32") ; and no -wooden plug or block shall be inserted for the purpose of using nails or screws in attaching the sign. (381, 410) S . 8643 Fastening irons All fastening irons shall be galvanized and shall be attached to the wall by at least two (2) galvanized expansion bolts , not less than eight inches (8") apart. (381, 410) .,Ww S . 8644 Connections above Roof Line . All connections on vertical wall signs above roof line shall be made to bolts through walla S . 8645 Bolts , All bolts shall be galvanized and not less than one-half inch (2") in diameter. S . 8646 Bolts in Reinforced Concrete . If the wall is of reinforced concrete construction, a one-half inch by three and one- half inch 02" x 32") galvanized expansion bolt will be permitted. (381, 410) S . 8647 Wind Resistance . Every wall sign, including supports , braces and anchorage , shall be designed, constructed, and maintained to withstand a wind pressure from every direction, as provided by section 2307 of the Uniform Building Code, as adopted by Chapter 81, (381, 410) BUILDING SIGNS S. 5648 S. 8648 Turnbuckles. Cables, chains ,. wires or other flexible or loosely connected members shall not be considered as providing lateral bracing unless provision is made by a turn- buckle, or other equally effective method or device, for tightening and keeping taut such member. (381, 410) S. 8649 Fasteners. All structural members and other connections '- shall be securely riveted or bolted together; and no rivet or bolt exposed to the weather shall be less than one-half inch (36" ) in. diameter. (381, 410) ARTICLE 865 VERTICAL SIGNS S. 8651 Specifications for Vertical Wall Signs. Specifications or vertical wall".signs shall be as follows : S. 8652 Limit of Projection over Public Property. No wall sign having i s advertising surface in a vertical position, or any portion thereof, shall extend or project over any public sidewalk, street , alley or other public property, more than is shown in the following table, for the distance of the base thereof shall be above the sidewalk, street , alley or public property ad- joining the building, directly under the sign: S. 8653 Sings under 8 ' High. Below a height of eight feet (8 ' ), not to exceed twelve inches (12" ) from the property line. (381, 410) S, .8654 Si ens 8 ' to 12 ' Hi h. Above a height of ei ht feet and below a height of twelve feet (12 '�, not to exceed twenty-four inches (24" ) from the property line. (381, 410) • S. 8655 Signs 12 ' to 20' High. Above a hei ht of twelve feet , not more than three feet (3 '5 from face of building, as may be erected to any length desired up to twenty feet (201 ). (381, 410) i S. 8661 SIGNS BUILDING ARTICLE 866 HORIZONTAL SIGNS S. 8661 Specifications for Horizontal Wall Signs. Specifications for horizontal wall signs shall be as follows : S. 8662 Elevation Dimensions Projection. No wall sign having its advertising surface in a horizontal position shall have a height of less than ten feet (10' ) to the lowest portion thereof and shall not be made more than forty-eight inches (48" ). in depth or extend more than ten feet (10' ) over the sidewalk, except a sign which is attached to a marquise; whereas special permission may be granted by the Council for signs of this nature where the proposed sign will not obstruct the view of existing signs; nor shall any electric sign extend beyond the line of the curb. (381, 410) ARTICLE 867 CLOCKS S. 8671 Specifications for Street Clocks. Specifications for placing and erecting street clocks shall be as follows : S. 8672 Procedure: Size: Support. The owner, proprietor or manager of any building or place or business in this City, after special permission is secured from the Council, as in this Chapter provided, in addition to the building permit , may erect ; place or maintain upon the public sidewalk in front of such building or place of business a street clock not less than thirty inches (30" ) in diameter or more than forty inches (40" ) in diameter, supported upon a post of ornamental design, the total height of which shall be not less than fifteen feet (15 ' ) or more than twenty feet (20' ). (381 , 410) S. 8673 Location of Support. No portion of such-lost supporting the clock shall be more than two feet (2 ') from the outer edge of the curb and shall be at least twenty feet (20' ) from the point of the intersection of the lines of any street , measured parallel with the street. (381, 410) S. 8674 Clocks on Building Corners. A clock may be supported on The corner of any building at the intersection of streets, if the lowest portion thereof is not less than fifteen feet (151 ) or more than twenty feet (20 ' ) above the sidewalk and does not project from any face or wall of the building, in any direction, more than five feet (51 ) (381, 410) S. 8675 Nature of Advertising Matter. The only advertising matter o be displayed upon such clock shall be the name of the owner, proprietor ,or manager of the place of business erecting and maintaining such clock. (381, 410) BUILDING SIGNS S. 8693 (c) 1 (c) Number of Signs : For the purpose of this Article, a sign commonly known as a "V" sign shall be deemed to be such number of signs as there are plane surfaces thereof containing message material intended to be read by the public. A sign containing two surfaces supported by common structural members shall be considered one sign. (922) (d) Time Limit : Each permit for a directional sign shall be valid or not more than one (1) year from the date of issuance; provided, however, that the Building and Safety Director may, upon application, renew the permit for not to exceed three (3) successive period of one year each. (922) (e) Structual Members : Any portion of a wooden sign support or race which is bilow the ground level and within two feet above the ground shall be treated with an approved preservative. (922) (f) Inspections : During the construction of each directional sign, the Building and Safety Director shall inspect the foundation excavation or post holes and the supporting members prior to their placement .in the ground. (922) (g) Additions to Sixn: There shall be no additions , tag signs , streamers , devices , display boards or appurtenances added to the sign as originally approved or which cause the si n to �- exceed the dimensions or area herein specified. (922 (h) Removal for Highway Widening: Any directional sign shall be removed by the person to whom the permit was issued and by the .. owner of the land upon which the sign is located, without expense to any public agency, when it conflicts with any street or highway widening, or construction, upon written notice by mail addressed to the last known address. of the owner of the land upon which the. sign is situated and a like notice to the person to whom the permit was issued that the public agency requires such removal. A copy of said written notice shall be filed with�q Building and Safety Director concurrently with notification to said person and said owner. (.922) (i) Ground Clearance:. An unobstructed open space, except for supports of the sign, shall be maintained to a height of ten (10) feet from the abutting street grade, or the average grade of any street intersection within 150 feet of the sign. (922) (j ) Sign Relocation: Upon the written approval of the Building and Safety Sirec or , a directional sign for which a permit is currently effective may be removed and relocated, provided the original site is restored to its original condition and provided a new permit is applied for and issued, the fee paid and the bond executed. The new permit shall have the same expiration date as the original permit and upon the issuance of the new permit , the cash bond posted for the original permit shall be returned. (922) S. 8693 (k) SIGNS BUILDING (k) Sign Identification: The Building and Safety Director shall cause to be a fixe to, and the sign owner shall maintain in a readily visible location on the sign for the duration of the sign, his assigned permit number, the expiration date of the permit , the name of the owner of the land, and the name of the owner of the sign, together with such other data as he may deem necessary to properly carry out the functions of his office in the issuance of the permit and enforcement of these provisions. (922) (1) Enforcement and Appeal : The Building and Safety Director shall be responsible for the enforcement of these provisions and any aggrieved party may appeal in writing any decision or ruling of said Director to the Planning Commission. The Planning Commission may sustain, modify or overrule any decision or ruling appealed and the decision of the Planning Commission shall be final. (922) (m) Existing Signs : Any existing temporary directional sign which is lawfully established on the effective date of this ordinance may remain until the expiration of its present permit. Such permit may be renewed as herein provided. (922) S. 8694 Permit Revocation: The violation by the owner of the sign, the owner of the land upon which said sign is located or is to be located, the developer, or the person to whom . the permit has been issued, of any of the provisions of this ordinance, the Building Code, the Electrical Code, or the Zoning Ordinance of the City of Huntington Beach shall constitute grounds for revocation of the permit for any such sign and shall terminate said permit , whereupon the owner of said sign and/or the owner of said land upon which said sign is located shall immediately dismantle said sign and restore the premises to its original condition, and upon failure so to do within five (5) days after such termination or revocation, the bond theretofore posted shall be deemed to be forthwith and summarily forfeited in its entirely to the City of Huntington Beach. In such event , it shall be the duty of the Building and Safety Director to enter upon the premises and dismantle and remove suEft-sign. (922) S. 8695 Penalty: Any person who violates any of the provisions. of®� Article is guilty of a misdemeanor for each day of such violation and shall, upon conviction thereof, be punishable by a fine not exceeding Five Hundred Dollars ($500.00) or by im- prisonment for not exceeding six (6) months , or by both such fine and imprisonment. (922) HUNTINGTON BEACH ORDINANCE CODE Copyright 1952 by Cleveland James Smith Codified by Cleveland Smith of the San Francisco Bar RENUMBERED BY ORD. NO. 1151 R' 4.� JULY 61 1965 .�,. „� ,.. ,. . w�,:. ,. t ,�. -�.�, .�. "i `4._.-.� A