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Charter and Penal
Ordinances
OF THE
City ®f
Huntington Beach
®range County
California
January, 1940
Compiled and Codified by D. G. Wettlin under the direction of
City Attorney Ray H. Overacker and
City Clerk Charles R. Furr.
Published by the City of Huntington Beach, Caifornia, as a
Report on Project No. 65-1-07-135, conducted under the
auspices of the Works Projects Administration.
Printed and Bound by the Huntington Beach News.
CITY OFFICIALS
r
M. M. MCCALLEN ------------------------------------------------------------------------ MAYOR
COUNCILMEN
A. W. MOREHOUSE
L. S. CHAMNESSS
T. B. TALBERT
A. L. HENRICKSON
CHARLES R. FURR ............................................................ CITY CLERK
LUTHER A. ARTHUR .......................................... CITY TREASURER
RAY H. OVERACKER .............................................. CITY ATTORNEY
HARRY A. OVERMYER ............................................ CITY ENGINEER
H. L. GRANT ........................................................... CHIEF OF POLICE
CHARLES P. PATTON .................................................... CITY JUDGE
J. K. SARGENT .................................................................... FIRE CHIEF
IN APPRECIATION
Sincere appreciation is hereby expressed to David G.
Wettlin, under whose able direction this project has been
completed, and to Theodore H. Hopkins, first assistant to
Mr. Wettlin.
Special credit is due Mr. Fred P. Jayne, Project Co-
ordinator; Mr. William A. Woodruff, Senior Inspector, and
to the Project workers who typed and checked the ord-
inances and other records.
CHARLES R. FURR.,
City Clerk.
FOREWORD
The City of Huntington Beach was incorporated February 17,
1909 under the general laws of the State of California. It existed
as a city of the sixth class until 1937 when the present "Home
Rule" Charter was adopted.
The Charter was prepared and submitted to the voters by the
City Council under the alternative provisions of the 1936 amend-
ment to Section 8, Article XI of the Constitution of the State of
California. Prior to that time a charter could be drafted only by
a Board of Freeholders elected for that purpose.
Cities governed by "Home Rule" Charters are free from legis-
lative control in their internal business termed "municipal affairs",
while the powers of General Law cities are subject to be altered
or repealed at any session of the State Legislature.
The Constitution provides as follows:
"It shall be competent in any charter framed under the au-
thority of this section to provide that the municipality governed
thereunder may make and enforce all laws and regulations in re-
spect to municipal affairs, subject only to the restrictions and lim-
itations provided in their several charters and in respect to other
matters they shall be subject to general laws."
The powers of the City are set forth in Article III of the
Charter. These powers may be specifically enumerated or may be
set forth in general terms.
The term "municipal affairs" is difficult to define, and the
Courts of our State have stated that a clear, general definition is
impossible. They have adopted a method of exclusion and inclusion
that is, holding the particular power in question was or was not
a municipal affair. The following have been held to be municipal
affairs: Municipal taxation, license tax for revenue; municipal elec-
tions, manner of enacting ordinances; improvement districts, the
manner of issuance of bonds, organization and maintenance of po-
lice and fire departments, and other similar functions.
Charter provisions covering municipal affairs govern, even
though they may conflict with State Law.
This, the third compilation of the Ordinances of the City of
Huntington Beach, contains the "Home Rule" Charter, including its
first amendment, and the ordinances now in effect.
RAY H. OVERACKER,
City Attorney.
CHARTER
OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA
ARTICLE I—Name and Succession
Section 1. The municipal corporation now existing and known
as the "City of Huntington.Beach," California, shall remain and con-
tinue a body politic and corporate in fact and in law by the name as
at present of "City of Huntington Beach," and by such name shall
have prepetual succession.
ARTICLE II Boundaries
Section 1. The boundaries of said City of Huntington Beach
shall continue as now established until changed as authorized by law.
ARTICLE III—Powers of the City
Section 1. The City of Huntington Beach, as successor in inter-
est to the municipal corporation of the same name hereinbefore cre-
ated and existing, shall have, own, hold, possess, control and in every
way succeed to and become the owner of all rights, titles, claims and
interests and all property of every kind and nature whatsoever, both
real and personal by said existing municipal corporation had, owned,
held, possessed, claimed or controlled, and shall be subject to each
and all of the debts, obligations, liabilities and duties of said existing
municipal corporation.
Section 2. The City of Huntington Beach shall have the right
and power to make and enforce all laws and regulations in respect to
municipal affairs, subject only to the restrictions and limitations set
forth in this Charter; provided that nothing herein shall be construed
to prevent or restrict the City from exercising or consenting to, and
the City is hereby authorized to exercise any and all rights, powers
and privileges heretofore or hereafter granted or prescribed by the
general laws of the State; provided also, that where the general laws
of the State provide a procedure for the carrying out and enforcement
of any rights or powers belonging to the City, such procedure may be
followed unless a different procedure is or shall be provided in this
Charter or unless a different procedure is or shall be at any time or
from time to time provided by ordinance.
It is the intention of the people of the City of Huntington Beach
in adopting this Charter, to take advantage, among other things, of
the provisions of the 1914 .Amendment to Section 6 of Article XI of
the Constitution of the State of California giving Cities Home Rule
as to municipal affairs.
Section 3. The City of Huntington Beach shall have, possess and
exercise, and is hereby given and granted, all powers, privileges and
rights which any municipal corporation may lawfully possess or ex-
I
ercise under the Constitution of this State whether in municipal af-
fairs, proprietary matters or otherwise, and all powers, privileges and
rights necessary or appropriate to a municipal corporation and the
general welfare of its inhabitants which are not prohibited by the
Constitution of the State of California, and which it would be com-
petent for this Charter to set forth specifically or particularly; each
and every power whether in municipal affairs, proprietary matters
or otherwise which any municipal corporation in this State may now
or hereafter lawfully possess or exercise, is hereby given and grant-
ed to the City of Huntington Beach,and by this reference thereto each
and every such power shall be deemed to be herein specifically and
particularly set forth, given and granted; the specification in any
other part of this Charter of any particular power shall be deemed
merely a repetition of the statement of that particular power and
shall not in any way be held or deemed to be a limitation upon the
powers hereby granted, or as exclusive of any of the powers herein
granted or incorporated herein by reference.
Section 4. Extent of municipal jurisdiction. The municipal jur-
isdiction of the City of Huntington Beach shall extend to the limits
and boundaries of said City.
ARTICLE IV—Elections
Section 1. The members of the City Council shall be elected
from the City at large by the qualified voters of the City at a general
municipal election to be held therein as hereinafter provided.
Section 2. Qualified Electors. The qualifications of an elector at
any election held in the City of Huntington Beach under the provis-
ions of this Charter, shall be the same as those prescribed by the
general laws of the State for the qualification of electors at general
State elections. No person shall be eligible to vote at such City
election until he has conformed to the general State law governing
registration of voters.
Section 3. Elective Officers. No person shall be eligible to or
hold any elective office of the City either by election or appointment,
unless he shall have been a resident end elector thereof for at least
one year next preceding his election or appointment.
Section 4. Election Authorities. All elections provided for by
this Charter, whether for choice of officers or submission of questions
to the voters, shall be conducted in accordance with the general
election laws of the State of California applicable to cities of the
sixth class, and the provisions of such general election laws of the
State of California shall apply to all such City elections except when
changed by this Charter or by ordinance of the Council.
Section 5. At all elections the returns from each election pre-
cinct shall be filed with the City Clerk and shall be canvassed by the
City Council at the next regular meeting of such Council after the
expiration of three (3) full days after said election.
Immediately after the result of the election is officially declared
by the City Council, the Clerk shall, under his hand and the official
seal of said City, issue a certificate of election for each and every
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person elected thereat, and serve the same personally or by mail on
each such person.
Section 6. All elective officers holding office when this Charter
takes effect shall continue to hold office and exercise their respective
offices until the expiration of the term to which they were originally
elected and until the election and qualification of their successors,
and said officers shall be entitled to re-election. All other officers
and employees in office or employed shall continue to hold office and
their respective positions and to exercise their respective duties and
employments until they may be removed as in this Charter provided,
or the election or appointment and qualification of their success-
ors.
Section 7. Within not more than sixty (60) days, nor less than
thirty (30) days, after the approval of this Charter by the Legislature
of the State of California, the City Clerk shall call an election to fill
the additional offices made elective under this Charter and the offic-
ers so elected shall hold office for the full term as in this Charter
provided, and until their successors are elected at a general munici-
pal election and qualified.
ARTICLE V—Legislative Power
Section 1. All legislative powers of the City shall be vested,
subject to the terms of this Charter and of the Constitution of the
State of California, in a City Council, except such legislative powers
as are reserved to the people by this Charter and the Constitution of
the State.
Section 2. Council. The Council shall be composed of five (5)
councilman including a mayor, and shall be the legislative body of
the City, each of the members of which, including the mayor, shall
have the right to vote upon all questions before it.
The members of the City Council shall be elected as in this Char-
ter provided, and shall hold office for four (4) years and until their
successors are elected and qualified.
Any vacancy occurring in the Council shall be filled by the re-
maining councilmen, but in the event that said remaining councilmen
fail to fill such vacancy by appointment within thirty (30) days after
the vacancy occurs, they must immediately cause an election to be
held to fill such vacancy; provided, however, that any person ap-
pointed to fill such vacancy shall hold office only until the next reg-
ular municipal election, at which date a person shall be elected to
serve for the remainder of such unexpired term.
In case a member of the Council is absent from the City for a
period of sixty (60) days, unless by permission of the Council, his
office shall be declared vacant by the Council and the same filled as
in the case of other vacancies.
Section 3. Meetings. The City Council shall meet on the Monday
next succeeding the date of the general municipal election. Each
newly elected member of the City Council before entering upon his
duties shall take the oath of office. At said.meeting the City Council
III
shall choose one of its number to be Mayor. The City Council shall
hold regular meetings at least once in each month at such times as
it shall fix by ordinance or resolution and may adjourn any regular
meeting to a date certain, which shall be specified in the order of
adjournment, and when so adjourned, such adjourned meeting shall
be a regular meeting for all purposes. Such adjourned meeting may
likewise be adjourned and when so adjourned shall be a regular
meeting for all purposes.
Special meetings may be called at any time by the Mayor, or by
three (3) members of the City Council, by written notice delivered
personally to each member at least three (3) hours before the time
specified for the proposed meeting; provided, however, that any
special meeting of the City Council shall be a validly called special
meeting, without the giving of such written notice, as above provided,
if all members of the City Council shall give their consent in writing
to the holding of such meeting, and such consent is on file in the
office of the City Clerk at the time of holding such meeting. A tele-
graphic communication from a councilman consenting to the holding
of the meeting shall be deemed to be a consent in writing, within the
meaning of the terms as expressed in the foregoing sentence. At any
special meeting the power of the City Council to transact business
shall be limited to matters referred to in such written notice or writ-
ten consent; all meetings of the City Council shall be held within the
corporate limits of the City at such place as may be designated by
ordinance and shall be public.
In the event that any order of adjournment of a regular meeting
fails to state the hour at which any adjourned meeting is to be held,
such adjourned meeting may be validly held on the day specified in
the order of adjournment if held at the hour set forth in the ordi-
nance or resolution prescribing the time for regular meetings.
Section 4. Quorum. At any meeting of the City Council a maj-
ority of said council shall constitute a quorum for the transaction of
business, but a less number may adjourn from time to time, and may
compel the attendance of absent members in such manner and under
such penalties as may be prescribed by ordinance; and in the absence
of all of the City Council from any regular meeting or adjourned
meeting the City Clerk may declare the same postponed and adjourn-
ed to a stated day and hour, and must thereupon deliver or cause to
be delivered personally to each member of the City Council a written
notice of such adjournment at least three hours before the time to
which said regular or any adjourned regular meeting has been ad-
journed.
Section 5. Council Rules. The City Council shall judge of the
qualifications of its members and of all election returns, and deter-
mine contested elections of all city officers. It may establish rules
for the conduct of its proceedings and punish any member or other
person for disorderly behavior at any meeting. It shall cause the
City Clerk to keep a correct record of all its proceedings, and at the
desire of any member, the City Clerk shall call the roll and shall
IV
cause the ayes and noes taken on any question to be entered in the
record journal.
Section 6. Official Action. The City Council may take official
action only by the passage or adoption of ordinances, resolutions or
motions; provided, that any action of said council fixing or prescrib-
ing a fine, punishment or penalty, or granting any franchise, shall be
taken by ordinance. In the absence of any express provision to the
contrary in said constitution of the State of California, or this Char-
ter, said City Council may choose any of the foregoing three methods
for taking such action.
The City Council may enforce all ordinances, resolutions, rules
and regulations made by it, and may do and perform any and all
other acts and things which may be necessary and proper or conven-
ient and proper to carry out the powers and purposes of the City of
Huntington Beach.
ARTICLE VI—Legislative Procedure
Section 1. No ordinance shall be adopted unless the same shall
have been introduced at least five full days, excluding the day of its
introduction, prior to the adoption thereof.
Section 2. No ordinance shall have any validity or effect unless
passed or adopted by the votes of at least three of the persons con-
stituting the five members of the City Council.
Section 3. The enacting clause of every ordinance passed or
adopted by the council shall be, "The City Council of the City of
Huntington Beach, California, does ordain as follows:" The enacting
clause of every ordinance adopted by the people shall be, "The people
of the City of Huntington Beach, California, do ordain as follows:"
Section 4. Every ordinance introduced shall be read upon its
introduction, and the same shall be read a second time upon the final
passage and adoption thereof; provided, that the second reading
thereof may be by title only, unless the Mayor or any councilman
present demands that the same be read in full. Any ordinance may
be amended or modified between the time of its introduction and the
time of its final passage or adoption, provided its general scope and
original purpose or purposes are retained.
Section 5. Ordinances making annual tax levy, ordinances re-
lating to elections, ordinances relating to bond issues, ordinances
relating to street proceedings, ordinances as in this Charter other-
wise specially required, the annual appropriation ordinance and
emergency measures shall take effect at the time indicated therein.
All other ordinances passed by the Council shall take effect at
the time indicated therein, but not less than thirty (30) days from
the date of their passage. Ordinances adopted by vote of the electors
shall take effect at the time indicated therein, or if no time be speci-
fied then thirty (30) days after their adoption.
An emergency measure is an ordinance to provide for the im-
mediate preservation of the public peace, property, health or safety,
V
in which the emergency claimed is set forth and defined in the pre-
amble thereto. The affirmative vote of at least four (4) members
of the Council shall be required to pass any ordinance as an emer-
gency measure.
No measure making or amending a grant, renewal or extension
of a franchise or other special privilege shall be passed as an emer-
gency measure. No situation shall be declared an emergency by the
Council except as defined in this section, and it is the intention of
this Charter that compliance with such definition shall be strictly
construed by the Courts.
Section 6. Every ordinance shall be filed and topically indexed
in a book kept for that purpose; shall be authenticated by the signa-
tures of the Mayor and City Clerk, or his authorized deputy, and
within ten days after its adoption shall be published at least once in
a newspaper of general circulation published and circulated in the
City of Huntington Beach. In the event the publication of any ordi-
nance shall not be made within said period of ten days hereinabove
designated, said ordinance shall not thereby be rendered null and
void, but the effective date thereof shall be postponed until the full
period of thirty days shall have elapsed after the publication thereof.
Section 7. No ordinance or order for the payment of money
shall be passed or adopted at any other than a regular meeting or
adjourned regular meeting of the City Council.
Section 8. Ordinances and resolutions are the formal acts of
the City Council reduced to writing and passed under legal restrict-
ions governing action thereon. Orders embrace all other acts, which
being less formal in character, require only to be duly passed by the
Council and spread upon the minutes.
Section 9. All Ordinances, Resolutions or Orders in force at the
time this Charter takes effect, shall continue in full force and effect
until repealed or amended as provided in the Law of the State of
California under which they, or it, was inacted.
Section 10. The power of the City to acquire by purchase, gift,
bequest or devise or condemnation, or by any other means, within
or without the boundaries of said City, property both real and per-
sonal shall be exercised in accordance with the provisions of the
general laws of the State of California as the same now exists or as
they may hereafter be amended, unless otherwise provided by this
Charter or by ordinance of the City Council.
ARTICLE VII—Officers, Deputies and Employees
Section 1. The officers of the City of Huntington Beach shall be
five members of the City Council, one of wham shall be chosen as
Mayor; a City Clerk, who shall be ex-officio City Assessor, a City
Treasurer; a City Engineer, who shall until changed by ordinance
be ex-officio Building Inspector and ex-officio Street Superintend-
ent, a City Judge; a Chief of Police, a City Attorney, a City Audi-
tor, a City Collector and a Fire Chief; provided, the Council may
by ordinance provide for such subordinate officers, assistants, depu-
ties, clerks and employees as they may deem necessary and may
VI
fix their respective duties, powers and compensations.
The Council may appoint any person, other than a member of the
City Council, to more than one office or appointment, provided said
council does not deem the duties of such offices or appointments to
be in conflict, or the holding thereof by one person to be contrary to
good public policy. If an elective officer of the City under the
authority herein given, be appointed to hold any appointive office
created herein, or created by ordinance as herein provided, he shall
be entitled to receive as such appointive officer the salary or com-
pensation attached to such appointive office in addition and without
regard to his salary or compensation as an elective official; provided
the duties of such appointive office are not such as he would reason-
ably be required to perform as such elective official. All elective
and appointive officers shall be provided with a copy of the Charter
of the City of Huntington Beach.
Section 2. The City Clerk, and City Treasurer shall be elected
from the city at large and shall hold office for four years and until
their successors are elected and qualified. All other officers shall
be appointed by the Council and shall hold office at the pleasure of
the Council, unless otherwise provided by ordinance.
Section 3. Mayor. The mayor shall preside at the meetings of
the City Council, and in case of his absence or inability to act, the
City Council shall appoint a mayor pro tempore, who shall serve only
until such time as the mayor returns and is able to act, and who for
such period shall have all of the powers and duties of the mayor.
The mayor shall have the power to make or second any motion and
to present and discuss any matters, notwithstanding the fact that the
mayor is the presiding officer of the council. In the case of the ab-
sence of the City Clerk, the deputy city clerk shall act. If there be
no deputy city clerk, then the mayor shall appoint one of the mem-
bers of the City Council city clerk pro tempore. The mayor shall
sign all warrants drawn on the City Treasurer, and shall sign all
written contracts and conveyances made or entered into by said city.
The mayor shall have power to administer oaths and affirmations,
to take affidavits and to testify the same under his hand. The mayor
is authorized to acknowledge the execution of all instruments execut-
ed by said city that are required to be acknowledged.
In the event of a vacancy occurring in the office of the mayor
for any cause, the Council shall have the authority to fill such va-
cancy.
Section 4. Chief of Police. The Chief of Police shall be the head
of the Police Department of the City of Huntington Beach and shall
have all the powers that are now or may hereafter be conferred upon
sheriffs and other peace officers by the laws of the State of Cali-
fornia. It shall be his duty to preserve the public peace and to
n suppress riots, tumults and disturbances. His orders shall be prompt-
ly executed by the police officials, or watchmen of the city, and every
citizen shall lend him aid when requested for the arrest of offenders,
VII
the maintenance of public order, or the protection of life and prop-
erty.
He shall execute and return all process issued to him by legal
authority. He shall perform the duties of a regular patrolman and
have authority, and it is hereby made his duty, to arrest persons
violating any law of the State or ordinance of the City. Those arrested
for violating City ordinances may, before or after trial, be confined
to the County jail of Orange County or in the City jail of the City of
Huntington Beach. The Chief of Police shall have such other powers
and duties appertaining to his office as may be prescribed by the
City Council or rules of the Police Department. He shall appoint
and remove all subordinates in the department, make rules and
regulations for the management of the department, and prescribe
tests and examinations for persons in the department, all in accord-
ance with the provisions of this Charter, and subject to the approval
of the City Council.
Section 5. City Assessor. There shall be a City Assessor, of
which office the City Clerk shall be ex-officio incumbent. It shall
be the duty of the Assessor, as soon after the first Monday of March
of each year, as practicable, to make a full, true and correct assess-
ment of all taxable property within the City of Huntington Beach,
owned or possessed by any person, board or corporation at 12:00
o'clock noon on the first Monday in March of each year. He shall
make out lists, giving the names of owners and description and value
of the property, following the form, as nearly as may be, required
by the laws of the State of California governing County Assessors.
Section 6. City Attorney. The City Attorney shall be an attorney
and counsellor-at-law, duly admitted to practice law in the State of
California. He shall have been actually engaged in the practice of
the profession of law in this State for a period of at least three years
next before his selection. It shall be his duty, when directed by the
City Council to prosecute on behalf of the people all criminal cases
for violation of this Charter and of city ordinances, and to attend to
all suits and other matters to which the City is a party, or in which
the City may be legally interested. He shall be in attendance at every
meeting of the City Council unless excused therefrom by the Mayor
or the Council. He shall give his advice or opinion in writing when-
ever required by the City Council or other officers. He shall be the
legal adviser of all City officers; he shall approve the forms of all
bonds given to and all contracts made with the City; he shall, when
required by the Council or any member thereof; draft all proposed
ordinances for the City and amendments thereto; and shall do and
perform all such things touching his office as the Council may re-
quire of him.
He shall receive as compensation a salary to be fixed by ordi-
nance or resolution and he shall receive in addition thereto such
reasonable additional fees or compensation as the City Council may
allow for suits or poceedings before any court, board, tribunal, officer
or commission in which he has been directed by the Council to act
or appear and also when allowed by the council extra compensation
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for bond issues of all kinds and for any service which the City Council
may deem extraordinary.
The City Council shall have power to direct and control the
prosecution and defense of all suits and proceedings to which the
City is a party or in which it is interested and may employ special
counsel to assist the City Attorney therein and provide for the com-
pensation of and pay such special counsel.
The City Attorney may appoint a secretary at such salary or
compensation as the City Council, by ordinance or resolution shall
prescribe.
Section 7. Treasurer. The treasurer shall receive and safely
keep all moneys and securities belonging to the City, and coming
into his hands, and pay out such moneys only on warrants signed
by the proper officers and not otherwise, for claims or demands
which have been previously allowed or approved by the City Council.
The treasurer may deposit all or such portion of the public moneys
as may be determined by the City Council in any bank authorized
by law to receive deposits of public money, in accordance with the
provisions of the Constitution and the laws of the State of California.
He may appoint such deputies and employees to assist him at
such salaries or compensation as the Council may by ordinance or
resolution prescribe.
The city treasurer shall perform such other duties as may be
prescribed by this Charter or by resolution or ordinance of the City
Council.
Section 8. City Clerk. Until such time as the council of said
City shall otherwise by ordinance provide the City Clerk shall be
ex-officio City Auditor.
The City Clerk shall, subject to the approval of the City Council,
appoint such deputies and employees to assist him, at such salaries
or compensation as the Council may by ordinance or resolution pre-
scribe.
The City Clerk shall have the custody of and be responsible for
the corporate seal, and all books, papers, records, contracts and
archives belonging to the City or to any department thereof, not in
actual use by other officers or elsewhere by special provision of this
charter, or by ordinance of said city committed to their custody.
The City Clerk or his deputy or assistant, shall be present at each
meeting of the Council unless excused therefrom by the Mayor, or
Council, and keep full and accurate minutes of its proceedings and
also separate books in which, respectively, he shall record all ordi-
nances and official bonds; he shall keep all of the books properly
indexed and open to the public inspection when not in use.
The City Clerk shall have power to take affidavits and adminis-
ter oaths in all matters relating to the business of the City, and shall
make no charge therefor.
The City Clerk shall perform such other duties as may be pre-
IX
scribed by this charter, or by resolution or ordinance of the City
Council.
Section 9. City Collector. It shall be the duty of the Collector
to collect all taxes levied by the Council and other moneys due the
City. He shall, at the close of each business day, pay to the treasurer
all taxes or other funds of the City collected by him during such day
or in his possession. Upon receipt of any tax list he shall give his
receipt therefor to the auditor, and shall, upon delivery to the auditor
of the delinquent tax list, take his receipt for the same. He shall be
charged with all taxes levied upon real and personal property within
the City upon his receipt of the tax list from the auditor. He shall
be charged with and indebted to the City for the full amount of all
taxes due upon delinquent lists delivered to him for collection unless
the council determines by resolution that he is unable to collect the
same by levy and sale of the property assessed therefor. He shall
possess such other powers and perform such additional duties, not
in conflict with this charter, as may be prescribed by resolution or
ordinance, and his salary shall be fixed by ordinance or ressolution.
Section 10. Auditor. No one shall be eligible for election to or
to hold the office of auditor who is not a certified public accountant,
or who has not had at least three years practical experience in ac-
countancy and bookkeeping. The auditor shall be the general ac-
countant of the City. He shall retain and preserve in his office all
accounts, books, vouchers, documents and papers relating to the acts
and contracts of the City, its debts, revenues and other financial
affairs. He shall keep an account of all moneys paid into and out
of the treasury, and shall approve all lawful demands. He shall
always know the exact condition of the treasury. He shall approve
no demand unless the same has been allowed by the Council and he
is satisfied that the money is lawfully due. He shall possess such
other powers and perform such additional duties as provided else-
where in this charter or as may be prescribed by resolution or ordi-
nance.
Section 11. Qualifications of Appointive Officers. Except as
otherwise provided in this charter, all officers of the City shall have
been a resident and elector of the City of Huntington Beach for at
least one year next preceding his appointment; provided, however,
that this section shall be inoperative if it shall be determined by the
vote of at least four of the City Council that there is not a person
with such a length of residence who is otherwise qualified for and
acceptable to fill said office and who will accept the same.
Section 12. City Engineer. The City Engineer, by virtue of his
office, shall until changed by ordinance also be Street Superinten-
dent, and Building Inspector, and shall be appointed by the City
Council and shall be a civil engineer licensed in the State of Calif-
ornia and of not less than three years' professional experience. He
shall receive such salary or compensation as the City Council shall
by ordinance, or resolution prescribe. He shall perform such civil
engineering and surveying necessary in the prosecution of public
work done under the direction or supervision of the City Council as
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the said council may require. He shall make such certificates and
reports upon the progress of such work, and shall make such surveys,
inspections and estimates, and perform such other surveying or
engineering work, as may be required by law or ordinance or by
resolution or order of the City Council.
He shall have all the powers and perform all the duties imposed
upon him by this Charter, the ordinances of the City of Huntington
Beach and the orders of the City Council, and shall be the custodian
of and responsible for all maps, plans, profiles, field notes and other
records and memoranda belonging to the city pertaining to his office
and the work thereof; all of which he shall keep in proper order and
condition, with full index thereof, and shall turn over the same to
his successor.
All maps, plans, profiles, field notes, estimates and other mem-
oranda of surveys and other professional work made or done by him,
or under his direction or control during his term of office, shall
be the property of the City of Huntington Beach.
Said City Engineer, Street Superintendent, and Building Inspec-
tor may appoint such assistants, deputies, clerks, stenographers and
other persons at such salaries or compensation as the City Council
by ordinance or resolution shall prescribe to assist him in either his
capacity as City Engineer, Street Superintendent or Building In-
spector.
As Street Superintendent, subject to the provisions of this Char-
ter and all ordinances of the City of Huntington Beach and laws of
the State of California applicable thereto, he shall manage and have
charge of the construction, improvement, repair and maintenance,
and the keeping open and unobstructed, of streets, sidewalks, alleys,
lanes, courts, bridges, viaducts and other public highways; of all
sewers, drains, ditches, culverts, canals, streams and water courses;
of boulevards, squares and other public places and grounds belonging
to the City or dedicated to public use, except waterworks, parks,
playgrounds and school grounds, and property. He shall manage
market houses, free markets, sewage disposal plants and farms, gar-
bage disposal systems, plants and works; and all other public works
not otherwise provided for in this Charter. He shall have charge
of the enforcement of all the obligations of privately owned or oper-
ated public utilities enforceable by the City, except as otherwise pro-
vided in this Charter. He shall have charge of the cleaning, sprink-
ling and lighting of streets and other public places; the collection and
disposal of garbage and waste; and preservation of all contracts,
papers, plants, tools, machinery and appliances belonging to the City
and appertaining to said department. He shall do and perform such
other duties and assume charge and control of such other works,
plants or departments not otherwise provided for in this Charter,
which hereafter may be assigned to his department by ordinance or
resolution of the City Council.
As the Street Superintendent, he shall possess such powers as
are designed by ordinance, and as Building Inspector, he shall pos-
XI
sess such powers as are designated by ordinance.
Section 13. Fire Chief. The fire chief of said city shall be the
head of the Fire Department of said City and, subject to the con-
trol of the City Council, shall have general supervision and man-
agement of the Fire Department.
He shall perform such other duties as the council may from
time to time impose.
Section 14. Bonds of Officers. Officers and employees of the
City charged with the collection or custody of public money before
entering upon the discharge of their official duties, shall give and
execute to the City their official bonds and other officers and em-
ployees shall give such official bonds as may be required by this
Charter or ordinance of said City of Huntington Beach.
The City Council shall fix by ordinance or resolution the penal
sum of all official bonds, and may at any time by ordinance or
resolution increase or decrease the penal sum of any and all such
bonds.
Every bond given the City shall be subject to approval by the
City Council as to sufficiency, and by the City Attorney as to form.
All such bonds shall be filed in the office of the City Clerk, ex-
cepting the bond of the City Clerk, which shall be filed in the
office of the City Treasurer.
Every bond shall contain a condition that the principal will
perform all official duties imposed upon or required of him by
law, or by ordinance of said City of Huntington Beach, or by this
charter, and that at the expiration of his term of office he will sur-
render to his successor all property, books, papers and documents
that may come into his possession as such.
The premium or charge for all official bonds of all officers and
employees of said City required to give bonds, either by this Char-
ter or by general law, or by ordinance or resolution of said City,
shall be paid by the 'City.
Section 15. Monthly Reports. All officers having the collection
of public moneys, or the custody thereof, and all officers and em-
ployees required by ordinance so to do, shall submit monthly finan-
cial reports to the City Council in writing, which said reports shall
be permanently filed with the City Clerk after the Council shall
have inspected and acted upon the same.
Section 16. Annual and Special Audits. The City Council shall
employ a public accountant or firm of certified public accountants,or
a public accountant familiar with municipal and governmental affairs
annually to investigate the transactions and accounts of all officers
and employees having the collection, custody or disbursement of
public money or property, or the power to approve, allow or audit
demands on the treasury, and said City Council may authorize
such accountant or firm of accountants to make an investigation at
an time with reference to any condition relating to the affairs of
XII
said City of Huntington Beach or any officer or employee connected
therewith, as to any matter or condition upon which said council
may require a report concerning the affairs of said City.
Section 17. The City Council may submit to the electors at any
general or special election an ordinance providing that the elective
officers, or any of them, other than councilmen, may thereafter be
appointed, or an ordinance providing that the appointive officers,
or any of them, shall thereafter be elective officers; provided, that
the provisions of the initiative shall apply hereto.
In the event the elective officers, or any of them, are made
appointive, then at the expiration of the terms of office of the then
incumbents of such offices, or upon the occurring of a vacancy in
such offices, the offices shall be filled by appointment by the City
Council and the officers so appointed shall hold office at the pleas-
ure of the Council, or for such term as may be provided in said
ordinance. In the event appointive offices are made elective then
said office or officers shall thereafter be elected for a term of four
(4) years at the next regular election or at a special election, when
said ordinance so provides; in the event the offices are filled by a
special election the term of office shall date from the nearest gen-
eral municipal election; provided, however, that where an appoint-
ive officer is appointed for a definite term, his successor shall not
be elected until the expiration of said term.
ARTICLE VIII—Commissions, Departments and Bureaus
Section 1. Planning Commission. A City planning commission
may be created by ordinance and in such case said city planning
commission shall be vested with all the powers and shall discharge
the duties as prescribed by such ordinance.
Section 2. Health Department. A City Health Department may
be created by ordinance or resolution and in such case such city
health department shall be vested with the powers and discharge
the duties prescribed by ordinance or resolution, or the City Coun-
cil may in lieu thereof arrange an agreement with the County of
Orange by which the City and County Health Departments may be
consolidated.
Section 3. Public Library. A public library or libraries for the
City of Huntington Beach shall be maintained and managed in ac-
cordance with the provisions of the general laws of the State of
California as the same now exist or as they may hereafter be
amended.
Section 4. Other Agencies. Creation and designation of the pow-
ers and duties of other boards, departments, commissions and agen-
cies shall be within the discretion of the said City Council to be
manifested by way of ordinance.
ARTICLE VM-A
Section 1. Board of Education. The control of the public school
department of the City of Huntington Beach, including the whole
of the Huntington Beach Elementary School District as the same
XIII
now exists or may hereafter be changed and exist as provided by
law, shall be vested in a Board of Education which shall consist of
five (5) members elected from the district at large.
Section 2. Powers and Duties. The powers and duties of the
Board of Education shall be such as are prescribed by the Consti-
tution and the laws of the State of California.
Section 3. Election and Term. The members of the Board of
Education shall serve for terms of three (3) years from the 1st
day of July in each year and until their successors are elected and
qualified; provided, however, that the Trustees of the Huntington
Beach Elementary School District who shall be in office at the
time this Charter Amendment is approved by the State Legislature
shall become members of the City Board of Education. Each of
said members shall remain in office until the expiration of the
term for which he was elected School Trustee, provided that with-
in thirty (30) days after the effective date of this Charter Amend-
ment the three members of the Board of Education shall appoint
the two additional members to serve until the next succeeding
regular election, at which time three members shall be elected;
the two receiving the highest vote to serve for three years and the
third highest to serve for two years. At each annual school election,
which shall be held at the same time set forth in the School Code
for the regular annual election of School Trustees, there shall be
elected members of the Board of Education to fill the terms of
members expiring in that year. All vacancies in the Board of Edu-
cation shall be filled by vote of the remaining members of the
Board of Education for the unexpired term thereof.
Section 4. The present High School, being a Union High School,
is not affected by this Article.
ARTICLE IX—City Court
Section 1. The judicial power of the City of Huntington Beach
shall be vested in a city court, which court is hereby established.
The City Judge shall hold said City Court and said court shall
have jurisdiction concurrently with the Justice's Courts, of all ac-
tions and proceedings, civil and criminal, arising within the cor-
porate limits of the City of Huntington Beach and which might be
tried in such Justice's Court. Said City Court shall have exclusive
jurisdiction of all actions for the recovery of any fine, penalty or
forfeiture not exceeding Five Hundred Dollars ($500.00), prescribed
for the breach of any ordinance of the City; of all actions founded
upon any obligation or liability created by any ordinance; and of
all prosecutions for any violation of any ordinance. The rules of
practice and mode of proceedings in said City Court shall be the
same as are or may be prescribed by law for Justice's Courts in
like cases. Appeals may be taken to the Superior Court of Orange
County, from all judgments of said City Court, in like manner and
with like effect as in cases of appeals from Justice's Courts.
Section 2. The City Judge shall have the powers and perform
XIV
the duties of a magistrate. He may administer and certify oaths
and affirmations.
Section 3. In all cases in which the City Judge is a party, or
In which he is interested, or when he is related to either party in
an action by consanguinity or affinity within the third degree, or
is otherwise disqualified or in case of sickness or inability to act,
the City Judge may call upon any Justice of the Peace, residing
in the County of Orange, to act in his stead.
Section 4. A Justice of the Peace shall not be disqualified from
holding the office of City Judge.
Section 5. All fees and fines received or collected by the said
Court shall be the property of the City of Huntington Beach and
shall be deposited with the Treasurer at least once each week.
Section 6. The City Court shall have a seal bearing the in-
scription "City Court, City of Huntington Beach, California."
ARTICLE X—Public Work, Materials and Supplies and
Emergency Expenditures
Section 1. In the construction, erection, improvement and re-
pair of all public buildings, and works, in all street and sewer
work, in all works for protection against overflow or erosion and
in all other works prosecuted by or on behalf of said city and in
the purchasing or acquiring of any supplies, or materials for use
in or about the same, when the expenditures required for the
same exceed the sum of five hundred ($500.00) dollars, the same
shall be done by contract, and shall be let to the lowest responsi-
ble bidder after notice of publication in the official paper of said
city given by publishing such notice by two consecutive insertions
in such newspaper, not more than twenty days nor less than seven
days prior to the time fixed in such notice for the opening and
declaring of such bids. Such notice shall state the general charac-
ter of the work contemplated to be done and the nature and amount
of any materials, equipment, apparatus or supplies to be furnished.
Section 2. The City Council may reject any and all bids pre-
sented and may re-advertise in its discretion. Further, after re-
jecting bids, said Council may declare and determine by at least a
four-fifths vote of all its members, that in its opinion the work in
question may be performed more economically by day labor or the
materials or supplies furnished at a lower price in the open mar-
ket, and after the adoption of a resolution to this effect by the
vote above required, they may proceed to have the work done, or
the materials, equipment, apparatus or supplies furnished or pur-
chased in the manner stated without further observance of the pro-
visions of this article; provided further, than in case a great pub-
lic calamity such as an extraordinarly fire, flood, storm, epidemic
or other disaster, the City Council may, by resolution passed by
vote of four-fifths of all its members declare and determine that
public interest and necessity demand the immediate expenditure of
public money to safeguard life, health or property, and thereupon
it may proceed to expend or enter into a contract involving the
XV
expenditure of any sum required in such emergency. In the event
there is more than one newspaper of general circulation printed
and published in the city, the City Council shall, annually, prior
to the beginning of each fiscal year, publish a notice inviting bids,
and, contract for the publication of all legal notices required to be
published in a newspaper of general circulation printed and pub-
lished in said City. Said contract shall include the printing and
publishing of all such legal notices during the ensuing fiscal year.
In the event there is only one newspaper of general circulation
printed and published in said City, then the City Council shall
have the power to contract with such newspaper for the printing
and publishing of such legal notices without being required to ad-
vertise for bids therefor.
Section 3. Nothing in this Article contained shall be construed
as applicable to work or materials, equipment, apparatus or supplies
to be paid for by special assessment on property benefited thereby,
but in all such cases the particular laws applicable thereto shall
be observed, otherwise the provisions of this Article shall be fol-
lowed.
ARTICLE XI—Taxation, Equalization and Finance
Section 1. The City Council shall have the power, and it shall
be its duty, to provide by ordinance a system for the assessment,
levy and collection of all city taxes not inconsistent with the pro-
visions of this chapter. Nothing herein shall prevent the City Coun-
cil from exercising the power granted by general laws of the State
of California relative to the assessment and collection of taxes by
county officers. All taxes assessed, together with any percentage
imposed for delinquency and the costs of collection, shall consti-
tute liens on the property assessed; and every tax upon personal
property shall be a lien upon the real property of the owner there-
of. The liens provided for in this section shall attach as of the
first Monday in March of each year, and may be enforced by a
sale of the real property affected, and the execution and delivery
of all necessary certificates and deeds therefor, under such regula-
tions as may be prescribed by ordinance, or by action in any court
of competent jurisdiction to foreclose such liens. Any real property
sold for such taxes shall be subject to redemption within a re-
demption period of at least five years and upon such terms as the
City Council may prescribe by ordinance. All deeds made upon any
sale of property for taxes or special assessments under the pro-
visions of this chapter shall have the same force and effect in evi-
dence as is or may hereafter be provided by laws for deeds for
property sold for non-payment of county taxes.
Every tax has the effect of a judgment against the person, and
every lien created by this section has the force and effect of an exe-
cution levied against all property of the delinquent. The judg-
ment is not satisfied nor the lien removed until the taxes are paid
or the property sold for the payment thereof; provided, that the
lien of every tax whether now existing or hereafter attaching shall
cease to exist for all purposes after thirty years from the time
said tax became a lien; and every tax whether now existing or
XVI
hereafter attaching shall cease to exist for all purposes after thirty
years from the time said tax became a lien; and every tax whether
now existing or hereafter levied shall be conclusively presumed to
have been paid after thirty years from the time the same became
a lien, unless the property subject thereto has been sold in the
manner provided by law for the payment of said tax.
Section 2. The City Council shall meet at 7:30 P. M. on the
second Monday of July of each year, and sit as a board of equali-
zation, and shall continue in session from day to day until all the
returns of the assessor have been rectified. It shall have power to
hear complaints, and to correct, modify, or strike out any assess-
ment made by the assessor, and may, of its own motion, raise any
assessment, upon notice to the party whose assessment is to be
raised. The corrected list for each tax shall be the assessment roll
for said tax for said year. It shall be certified by the City Clerk,
who shall act as clerk of the board of equalization, as being the
assessment roll for said tax, and shall be the assessment roll upon
which said tax is to be levied in said year.
Notice shall be given of the time and place of sitting in such
manner as may be prescribed by ordinance.
Section 3. Special Taxes and Bonds: Whenever the Council
shall determine that the public interest demands an expenditure
for municipal purposes which can not be provided for out of the
ordinary revenue of the City, it may submit to the qualified voters
at a regular or special election, a proposition to provide for such
1 expenditure, either by levying a special tax, or by issuing bonds,
but no sucl4 special tax shall be levied nor any such bonds issued,
unless authorized by the affirmative votes of two-thirds of the elec-
tors voting at such election. No bonds shall be issued to meet cur-
rent expenses.
The proceedings for the voting and issuing of bonds of the City
shall be had in such a manner and form and under such condi-
tions as shall be provided from time to time by general laws.
ARTICLE XH—Consolidation and Annexation
Section 1. The -City of Huntington Beach may consolidate with
any other contiguous municipal corporation of the State of Califor-
nia, under and pursuant to the provisions of any laws of said state
which may be applicable to the consolidation of such municipal
corporations at the time thereof; provided, however, that no such
consolidation, in or by which the said City of Huntington Beach
assumes any part or portion of any outstanding or authorized
bonded indebtedness of such other municipal corporations, shall
ever become effective or be consummated for any purpose what-
soever, unless and until at least two-thirds of the qualified elec-
tors of said City of Huntington Beach, voting at such consolidation
election, shall have voted in favor of such consolidation, and in
favor of making the property within said City of Huntington Beach,
after such consolidation, liable or subject to taxation with the
property in said other municipal corporation for the payment of
XVII
such bonded indebtedness or any portion thereof of such other
municipal corporation.
The requirements of this charter in this regard shall be in
addition to any other requirements of the laws of the State of
California with reference to such matters.
The City of Huntington Beach may annex either uninhabited
territory or inhabited territory, or both, in accordance with the
General Laws of the State of California relating to the annexa-
tion of uninhabited territory and inhabited territory in cities of
such State.
ARTICLE XIII—Initiative, Referendum and Recall
Section 1. The laws of the State of California providing for
the initiative, referendum and recall in cities, as they now exist,
or hereafter may be amended, are hereby made a part of this
charter, and all action under the initiative, referendum and recall
in said City of Huntington Beach shall be taken in accordance with
said laws.
Section 2. The city clerk shall compare the names of the per-
sons appearing upon any initiative, referendum, recall or other pe-
tition or paper, requiring the signatures of qualified electors of
said city, with the registration of electors of said city as shown on
current records of the registration of electors of the County of Or-
ange, California, and shall make a report for the information
of said council as to the sufficiency or insufficiency of any such pe-
tition or paper as regards the number of signatures of qualified
electors appended thereto. The sufficiency or insufficiency of any
such petition or paper shall be determined as promptly as reason-
ably possible, and with the consent of the council said clerk may,
at the expense of said city, employ such assistance as may be
necessary in order so to do.
ARTICLE XIV—Franchises
Section 1. Power to Grant. Plenary control over use of all
property owned, leased or controlled by the City is vested in the
Council. Franchises, permits or privileges may be granted to per-
sons, firms or corporations, upon such terms, conditions, restrictions
or limitations as may be prescribed by the Council by Ordinance,
but no franchise shall be granted without reserving to the City ade-
quate compensation for the privilege conferred, nor shall any fran-
chise be granted for a longer period than fifty (50) years. Provid-
ed, that every franchise or other permit shall be granted subject
to the right of and in the City at any time, upon reasonable notice,
to change the grade, location, alignment or use, of any street or
place in or over which such franchise or permit is exercised or
operated without liability or obligation on the part of said City in
any wise occasioned by any change of location of the pipes, poles,
lines or other equipment of such franchise or permit required by
such change of grade, location, alignment or use. The Council may
by ordinance adopted by its members, provide a method of pro-
cedure whereby franchises may be granted, forfeited or extended,
XVIII
subject to the limitations elsewhere contained in this charter, and
from time to time in like manner change the method of procedure
so provided. The Constitution and general laws of the State of
California shall be applicable in all cases arising outside of the pro-
visions of the ordinances of the Council providing for the granting
or termination of franchises.
Section 2. Indeterminate Francises. Indeterminate franchises
may also be granted, subject always to the right of the City at any
time and upon six months, notice in writing, to acquire and possess
the property of the grantee.
Section 3. Rights of the City. All grants, renewals, extensions
or amendments of public utility franchises, whether so provided in
the ordinance or not, shall be subject to the following rights of the
City insofar as the City has the power so to do:
1. To forfeit by ordinance at any time for non-use, or for
failure to begin construction within the time prescribed, or other
violation of the terms of the franchise, any franchise heretofore
or hereafter granted;
2. To require proper and adequate extension of plant and
service, and the maintenance of the plant and fixtures at the
highest practicable standard of efficiency;
3. To regulate the rates and charges of all public utilities
under its jurisdiction;
4. To establish reasonable standards of service and quality of
products and prevent unjust discrimination in service or rates;
5. To require grantees of franchises to furnish upon request
of the City Council, authorized by resolution, such information and
records relating to rates, service, value of property, revenues and
expenses, and other related matter as the said Council may reas-
onably require for the purpose of investigation or recommendation
concerning the operations of the grantee;
6. To impose such other regulations as may be conducive to
the safety, welfare and accommodation of the public.
Section 4. Every franchise or privilege to construct or operate
street, suburban or interurban railroads along, upon, over or un-
der any street, highway or other public place, or to lay or place
pipes or conduits or to erect poles or wires or other structures in,
upon, over, under or along any street, highway or other public
place in the City for any purpose whatever, shall be granted upon
the conditions in this Article provided and not otherwise, and no
person, firm, corporation or authority shall ever exercise any fran-
chise or privilege mentioned in this Article except insofar as he
or it may be entitled to do so by direct authority of the Constitu-
tion of California or the Constitution or laws of the United States,
in, upon, over or along any street, highway or other public place
in the City unless he or it shall heretofore have obtained a grant
therefor in accordance with the law in force at the time of said
XIX
grant, or shall hereafter obtain a grant therefor in accordance with
the provisions of this Article of this Charter.
Section 5. Establishment of Public Utilities. The City may es-
tablish, acquire, lease and/or operate, or cease to operate and dis-
pose of public utilities and quasi-public utilities, at its own option
in the manner provided by the laws now existing or hereafter en-
acted, or by the majority vote of the registered qualified electors
of the City in the manner provided by ordinance enacted by the
Council by the affirmative vote of four members of such Council.
All amendments of such ordinances shall require a like vote. In
such ordinances the Council may define what are public utilities
and quasi-public utilities. In acquiring public utilities and quasi-
public utilities, the City may purchase the same subject to exist-
ing bond issues and other obligations thereof, whether secured by
mortgages or trust deeds against the property of such utilities or
not, and may assume and pay such obligations as part of the pur-
chase price.
ARTICLE XV—Miscellaneous
Section 1. Claims. No suit shall be brought on any claim for
money or damages against the City of Huntington Beach, or any
officer or commission of the City, until a demand for the same has
been presented to the City Council and rejected in whole or in
part by the City Council. If rejected in part, suit may be brought
to recover the whole. Except in those cases where a shorter period
of time is provided by law, all claims for damages against the
City must be presented within six (6) months after the occurrence
from which the damages arose, and all other claims for damages
shall be presented within six (6) months after the last item of
the account of claim is approved.
Section 2. If any section or part of any section of this charter
proves to be invalid or unconstitutional, it shall not be held to
invalidate or impair the validity or constitutionality of any other
section or part of a section hereof.
Section 3. This charter shall take immediate effect and be in
full force from and after the time of its approval by the Legisla-
ture of the State of California.
XX
ORDINANCE NO. 1 1
ORDINANCE NO. 1
AN ORDINANCE FIXING THE TIME AND PLACE OF MEETINGS
OF THE BOARD OF TRUSTEES OF THE CITY OF HUNTING-
TON BEACH.
The Board of Trustees of the City of Huntington Beach do
Ordain as follows:
Section 1. The room or building used by the board of Trustees
of the 'City of Huntington Beach for its meetings shall be called the
"City Hall".
Section 2. That, that certain Municipal Building, situate on the
Northeast side of Orange Avenue Between Fifth Street and Sixth
Street in said City of Huntington Beach, shall be the "City Hall" of
the City of Huntington Beach. (As amended by Ordinance No. 262.)
Enacted February 26, 1909.
ORDINANCE NO. 3 3
ORDINANCE NO, 3
—O—
AN ORDINANCE PRESCRIBING THE FORM OF AND ADOPTING
A COMMON SEAL FOR THE CITY OF HUNTINGTON BEACH,
AND PROVIDING FOR THE CARE OF THE SAME.
-1--
The Board of Trustees of the City of Huntington Beach do
Ordain as Follows:
Section 1. The common seal of the City of Huntington Beach
shall be so constructed as to make the following impression:- A
circle, with a center piece 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 center piece and near the inside margin of
said circle.
Section 2. Th Board of Trustees of the City of Huntington
Beach do hereby adopt the seal described in section No. 1 of this
ordinance as the common seal of this city.
Section 3. The city clerk shall have charge of the seal of this
city, and shall be held responsible for its care and proper use.
Enacted March 5, 1909.
r,
ORDINANCE NO. 8 5
ORDINANCE NO. 8
—I,—
AN ORDINANCE PRESCRIBING THE ESSENTIALS OF VALID
ORDINANCES FOR THE CITY OF HUNTINGTON BEACH,
PROVIDING FOR THE PUBLICATION OF SUCH ORDINAN-
CES, FIXING THE TIME OF THEIR TAKING EFFECT, AND
AUTHORIZING THE IMPOSITION OF FINES, PENALTIES
AND FORFEITURES FOR ANY AND ALL VIOLATIONS OF
SAME.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
(Ed. note: Sections 1, 2, 3, 4, 5, 6 and 7 of Ordinance No. 8 are
covered and superceded by the provisions of the charter, leaving
Section 8 in effect.)
Section 8. The violation of, or wilful non-compliance with any
ordinance of the City of Huntington Beach shall, unless otherwise
provided therein, 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 City Recorder may direct, not ex-
ceeding three (3) months, or by fine not exceeding Three Hundred
Dollars ($300.00), or by both such fine and imprisonment; and a
violation of such ordinance may be prosecuted by the Board of
Trustees of said City of Huntington Beach in the name of the Peo-
ple of the State of California, or it may be redressed by civil ac-
tion at the option of the said Board of Trustees. Any judgment of
fine shall direct that in default of the payment of such fine,( the
defendant shall be imprisoned, until such fine be satisfied; provided,
that in case of such imprisonment for failure to pay the fine, the
amount of the fine shall be reduced Two Dollars ($2.00) for each
day so imprisoned. If the violation be committed by an officer of
the said City, he shall be liable, not only to fine and imprisonment,
but also to the forfeiture of his office.
Enacted March 19, 1909.
ORDINANCE NO. 15 7
ORDINANCE NO. 15
-4—
AN ORDINANCE OUTLINING THE POWERS AND DUTIES OF
CERTAIN CITY OFFICERS OF THE CITY OF HUNTINGTON
BEACH.
The Board of Trustees of the City of Huntington Beach do
Ordain as follows:
(Section 1, and all other sections, except Section 2, covered by
the charter.)
Section 2. The Treasurer shall receive on the orders of the
Clerk and safely keep all moneys 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. He shall establish and
keep the money in the following funds: Huntington Beach City
Funds.
(1) A general fund which shall contain all unappropriated and
uhapportioned money.
(2) Gas Department Fund.
(3) A Library Fund.
(4) A Music and Promotion Fund.
(5 Such Funds as may be created by ordinances of this City
for caring for money received from the sale of bonds of this City
and for the interest and sinking funds thereon.
(6) Street Improvement Fund.
Money may be transferred from one fund to another on the order
of the Board of Trustees, except in the case 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 the State Im-
provement Fund. The Treasurer will pay out money on behalf of
the City only on warrants signed by the President and counter-
signed by the Clerk. He shall make quarterly settlement to the
Clerk: But prior to the first meting of each month he shall report
to the Clerk the balance in each fund; he shall also make an annual
report to the Board of Trustees.
(As amended by Ordinance No. 265).
Enacted April 30,1909.
ORDINANCE NO. 16 9
ORDINANCE NO. 16
AN ORDINANCE REGULATING THE USE OF FIRE ARMS WITH-
IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA.
—O—
The Board of Trustees of the City of Huntington Beach do
Ordain as follows:
Section 1. It is hereby declared to be unlawful for any person,
other than an officer of the law, while on duty, to discharge any
rifle or pistol within the corporate limits of the City of Huntington
Beach, except in target shooting in a shooting gallery regularly
licensed by the said City.
Section 2. Any person violating any provision of this Ordinance
shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine in a sum not to exceed Three
Hundred Dollars ($300.00), or by imprisonment for a term not to
exceed three (3) months, or by both such fine and imprisonment, in
the discretion of the Court.
Enacted May 28, 1909.
ORDINANCE NO. 19 11
ORDINANCE NO. 19
AN ORDINANCE PROHIBITING THE OBSTRUCTION OF THE
STREETS, ALLEYS, SIDEWALKS, AND PUBLIC PLACES
WITHIN THE CITY OF HUNTINGTON BEACH FOR ANY
PURPOSE WITHOUT A PERMIT: ALSO REQUIRING THE
LIGHTING OF SAID OBSTRUCTIONS BY NIGHT.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person, firm or corpora-
tion, without a franchise or other authority from the Board of
Trustees, to erect any telegraph, telephone, electric light or trans-
mission poles on any walk, street, alley or public place in the City
of Huntington Beach, 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 said city. (As amended by Ordinance
No. 292).
Section 2. It is hereby declared to be unlawful for any person,
firm or corporation to obstruct any street, alley, sidewalk or public
place, within the City of Huntington Beach, by placing thereon or
therein any building, stand, counter, lunch wagon, wagon stand,
band stand, structure, building material, gravel, dirt, excavation, or
obstruction of any kind whatsoever, without a permit having first
been issued therefor as hereinafter provided.
Section 2%. It is hereby declared to be unlawful for any
person, firm, corporation, association or syndicate to obstruct any
street, alley, sidewalk or public place within the City of Huntington
Beach, to cause, allow or permit, either wilfully or negligently to
be placed or to flow or run or be thereon or therein, any oil asphal-
tum, tar, hydro-carbon substances,or any mud, residue or by-product
from the drilling any oil well or any other substances which inter-
feres with the free and safe use of said street, alley, sidewalk or
public place whatsoever. For the purpose of this 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 across 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 willful 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 superin-
tendance of the handling of such well, sump hole or premises. (Sec-
tion 21/2 added by Ordinance No. 234.) .
Section 3. Any person, firm or corporation desiring to engage
in any trade or business or to move or construct a building, make
12 ORDINANCE NO. 19
repairs, or to perform any other work by which it may become
necessary to place any such building, stand, counter, lunch wagon,
wagon stand, band stand, structure, building material, gravel, dirt,
excavation or other obstruction upon or in the streets, alleys, side-
walks or public places within the said City, must first obtain a
permit from the Superintendent of Streets of said City to place any
obstruction as hereinabove mentioned upon, or in said streets, alleys,
sidewalks or public places, and the said Superintendent of Streets
of said City may issue such permit upon the payment of the sum of
Five ($5.00) Dollars to the City of Huntington Beach therefor; pro-
vided, however, that 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 pipe line, telephone line or pole system in
or upon any of said public streets, alleys, sidewalks or public
places or said excavation is for the purpose of connecting the sewer
water or gas pipe lines by such person, firm or corporation, then
and in that event, said application and permit may be granted
without charge.
Each person, firm or corporation having authority from the City
Council of the City of Huntington Beach, as provided in Section
1 of Ordinance No. 19, to cut, remove, excavate in, upon or along
any paved or improved street, alley, sidewalk, curb or other public
place in said City andjor to cut, remove or excavate in, upon or
along any unimproved dirt or oiled street, lane or alley or oth-
er unimproved public place in said City shall, upon and at
the time of making application to the Superintendent of Streets of
said City for permit to so cut in, upon, across or along, or remove,
excavate or obstruct any such paved or improved street, curb, side-
walk, alley or other improved public place and/or unimproved
dirt or oiled, street, lane, alley or other unimproved public
place shall pay in lawful money of the United States to the City of
Huntington Beach a sum for each and every square foot and fraction
thereof of all such paving, street, curb, sidewalk, alley or other
improved public place andjor 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, except as
herein provided; said sum of money shall be calculated according
to the following schedule:
A. For paved or improved streets, sidewalks, curbs, alleys
or other improved public places in said city said sum shall be
as follows:
1. Twenty-five (25) square feet, or less, FIFTY (50c)
CENTS per square foot.
2. More than Twenty-five (25) square feet, up to and
including Five Hundred (500) square feet, THIRTY FIVE
ORDINANCE NO. 19 13
(,35c) CENTS per square foot.
3. In excess of Five Hundred (500) square feet,
TWENTY-FIVE (25c) CENTS per square foot.
B. For unimproved dirt or oiled streets, lanes, alleys or
other unimproved public places in said city said sum shall be
as follows:
1. DIRT street, lane, alley or other unimproved public
place, THREE (3c) CENTS per square foot.
2. OILED street, lane, alley or other unimproved public
place, THIRTEEN (13c) CENTS per square foot.
The above schedule shall apply to all persons, firms or
corporations ayike who make application to obstruct, cut, remove
or excavate in, upon, across or along any improved or paved
street, alley, sidewalk, curb or other public place within said
City andlor any unimproved dirt or oiled street, lane, alley or other
public place within said City. All money so paid shall be deposited
by the City Council of the City of Huntington Beach in such fund
as said 'City Council may direct. (Section 3 Amended by Ordinance
No. 368)
Section 4. Any such person, firm or corporation obtaining such
permit for the purpose of moving, constructing a building, digging
or excavating, or making repairs, shall proceed with the moving,
constructing, excavating or digging, or other work for which the
building material, dirt, or other obstruction or excavation is re-
quired, with all due diligence, and when completed, restore said
street, alley, sidewalk or public place to its former condition.
Section 5. Any person, firm or corporation placing or causing
to be placed any such building, stand, counter, lunch wagon, wagon
stand, band stand, structure, building material, gravel, dirt, excava-
tion, or other obstruction on any of said streets, alleys, sidewalks or
public places, shall during the night time put up and maintain such
lights as shall effectually prevent the happening of any accident in
consequence of such obstruction.
Section 6. Any person, firm or corporation who shall violate
any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall be punished by a
fine in a sum not to exceed One Hundred Dollars ($100.00), or by
imprisonment for a term not to exceed thirty (30) days, or by both
such fine and imprisonment in the discretion of the court, and the
obstruction so maintained shall be deemed to be a public nuisance
and be treated as such.
Section 7. Nothing in this Ordinance shall be construed to
permit the carrying on of any business, trade or occupation what-
soever in the City of Huntington Beach without the license which
will be required for such business, trade or occupation by Ordinance
No. 10 of the said City.
Enacted June 18, 1909.
ORDINANCE NO. 24 15
ORDINANCE NO. 24
AN ORDINANCE REGULATING AND PROVIDING FOR THE ES-
TABLISHMENT AND MAINTENANCE OF LIFE SAVING
EQUIPMENT ON ALL WHARVES, PIERS AND OTHER
STRUCTURES PROJECTING OVER MEAN HIGH WATER
MARK OF THE PACIFIC OCEAN IN THE CITY OF HUNTING-
TON BEACH, CALIFORNIA.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. That every person, firm or corporation maintaining,
operating, owning, managing or controlling any pier or wharf or other
structure projecting below mean high water mark of the Pacific
Ocean within the City of Huntington Beach, upon which human
beings are wont to stand, loiter, fish from, work, or trespass, shall
provide for, maintain and keep in good condition, in a handy and
convenient place easily accessible to such human beings, the following
equipment for the preservation of human life:
For every hundred lineal feet which the said structure projects
below mean high water mark, one life preserver of standard make
capable of sustaining the weight in water of at least one adult
human being. Each such life preserver to be attached to at least
100 feet of quarter inch manilla rope.
Section 2. It shall be unlawful for any person to touch, handle,
molest or in any manner interfere with any such life saving equip-
ment, except when necessary to protect or safeguard human life or
property.
Sec. 3. Every person, firm or corporation violating the provisions
of this ordinance shall be deemed to be, and shall be, guilty of a mis-
demeanor, and on conviction thereof shall be punished by a fine of
not less than$300.00, or imprisonment for not less than ninety days, or
both such fine and imprisonment.
Enacted October 1, 1909.
ORDINANCE NO. 27 17
ORDINANCE NO. 27
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
MAKING IT A MISDEMEANOR TO PERMIT DOMESTIC
FOWLS TO RUN AT LARGE OR GO UPON THE PREMISES
OF ANY PERSON OTHER THAN THE OWNER OR CUS-
TODIAN THEREOF.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It is hereby declared to be unlawful for any per-
son, firm or corporation, owning or having control of any chickens,
ducks, geese, turkeys, or other domestic fowls, to permit the same
to run or go upon the premises of any other person within the City
of Huntington Beach, Orange County, California, without the con-
sent of such other person, firm or corpration, or his, their or its
authorized agent; or to permit the same to run at large or go upon
any street, alley, sidewalk or other public place within the said
City of Huntington Beach.
Sec. 2 Any person, firm or corporation who shall violate any
of the provisions of this ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a
fine of not exceeding $50.00, or by imprisonment for a term not
exceeding (50) days, or by both such fine and imprisonment.
Enacted October 22, 1909.
ORDINANCE NO. 27 17
ORDINANCE NO. 27
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
MAKING IT A MISDEMEANOR TO PERMIT DOMESTIC
FOWLS TO RUN AT LARGE OR GO UPON THE PREMISES
OF ANY PERSON OTHER THAN THE OWNER OR CUS-
TODIAN THEREOF.
• The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It is hereby declared to be unlawful for any per-
son, firm or corporation, owning or having control of any chickens,
ducks, geese, turkeys, or other domestic fowls, to permit the same
to run or go upon the premises of any other person within the City
of Huntington Beach, Orange County, California, without the con-
sent of such other person, firm or corpration, or his, their or its
authorized agent; or to permit the same to run at large or go upon
any street, alley, sidewalk or other public place within the said
City of Huntington Beach.
Sec. 2 Any person, firm or corporation who shall violate any
of the provisions of this ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a
fine of not exceeding $50.00, or by imprisonment for a term not
exceeding (50) days, or by both such fine and imprisonment.
Enacted October 22, 1909.
ORDINANCE NO. 37 19
ORDINANCE NO. 37
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG-
ULATING THE APPORTIONMENT OF THE FUNDS OF THE
SAID CITY OF HUNTINGTON BEACH.
—4
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. Whenever the Board of Trustees of the City of
Huntington Beach shall pass any resolution concerning the funds
of the City of Huntington Beach, the City Clerk shall, before six
o'clock P. M. of the day following the day upon which the said
resolution is passed, deliver to the Treasurer of the City of Hunt-
ington Beach a certified copy of the said resolution; and 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 of the City of Huntington Beach.
Sec. 2. Whenever the City Treasurer of the City of Huntington
Beach shall receive any money belonging to the city of Huntington
Beach, he shall give duplicate receipts therefor as follows:
For all money deposited in the Library Fund, one receipt to
the depositor, one to the Clerk or Secretary of the Board of Library
Truestees, and one to the City Clerk of the City of Huntington
Beach; and for all money deposited in any other fund of the City of
Huntington Beach, one receipt to the depositor, and one to the City
Clerk of the City of Huntington Beach.
Sec. 3. The Clerk or Secretary of the Board of Library Trus-
tees of the City of Huntington Beach shall, at least one hour before
the first regular meeting of each month of the Board of Trustees
of the City of Huntington Beach, file with the City Clerk of the City
of Huntington Beach a written statement of all receipts and dis-
bursements of the said Library Board during the preceding month,
in addition to any other report required of such Clerk or Secretary
by law.
Enacted December 17, 1909.
ORDINANCE NO. 38 21
ORDINANCE NO. 38
—0---
AN ORDINANCE REQUIRING THE CLEANING OF SIDEWALKS
WITHIN THE CITY OF HUNTINGTON BEACH.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. All persons, firms or corporations owning or oc-
cupying any real property in the City of Huntington Beach fronting
upon any public street, lane or alley of said City, are hereby re-
quired 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; pro-
vided however, that nothing herein contained shall prevent exca-
vating through or across any sidewalk where said excavating is
done in accordance with the terms and provisions of any other
Ordinance of the City of Huntington Beach, and in accordance with
the regulations therein contained covering said excavation.
Sec. 2. Any such weeds or rubbish on any such sidewalk are
hereby declared to be a nuisance.
Sec. 3. It shall be the duty of the Superintendent of Streets
of the City of Huntington Beach to notify the occupants and own-
ers 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 Board of Trustees of the said City
will cause the said weeds and rubbish to be removed at the ex-
pense of the said owner or occupant. 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 owner; or if the owner be a
non-resident of the City of Huntington Beach, by serving the oc-
cupant personally and by mailing, by mail, a like copy in writing
to the owner at his last known address as shown by the last assess-
ment role of the said City of Huntington Beach; or, 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 here-
inbefore provided.
Sec. 4. 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 Board of Trustees
of the said City of Huntington Beach, with an estimate of the prob-
able cost of doing the work. The Board of Trustees must then order
the said Supernitendent of Streets to do the said work at the ex-
pense of the owner and occupant of the said property, and pro-
w
22 ORDINANCE NO. 38
vide for they temporary payment of the same with city funds; pro-
vided, that the said Board may, in its discretion, extend the time
within which the work must be done.
Sec. 5. At the completion 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, the giving of the notice, the hearing
by the Board of Trustees, the making of the order by the Board,
the doing of the work and the cost thereof, and the manner of
making demand; which statement must be signed and verified by
the oath of the said Superitendent of Streets. They Superintendent
of Streets shall then collect the said amount from the owner and
occupant (if any), who shall be jointly and severally liable.
If the said claim be not paid within thirty (30) days from
demand by the said Superintendent of Streets, the Board of Trus-
tees may order the said statement to be recorded in the office of the
County Recorder of Orange County, California. If the owner be a
non-resident of the City of Huntington Beach, it shall be a suffi-
cient demand, for the purposes of this Ordinance, for the Superinten-
dent of Streets to mail a copy of the said statement to the said
owner.
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 said City of
Huntington Beach in like manner as liens are foreclosed under the
provisions of the Code of Civil Procedure of the State of California.
Sec. 6. Whenever the word "Sidewalks" is used in this ordin-
ance, it shall mean the strip of land between the curb line of the
street and the inside property line, whether covered with a cement
walk or not.
Sec. 7. Failure to keep the sidewalks clear or clean as pro-
vided in Section 1 of this ordinance shall be a violation of this
ordinance, and for every lot whose sidewalk frontage is so obstruct-
ed with rubbish or trash, or overgrown with weeds as set forth
in Section 1 of this ordinance, there shall be counted a separate
violation of this ordinance, and that or any other violation of this
ordinance shall constitute a misdemeanor, and any person violating
the same or any part thereof shall, upon conviction thereof, be
deemed guilty of a misdemeanor, and shall be punishable by
a fine not exceeding.Fifty Dollars ($50.00) or by imprisonment for
a period not exceeding fifty (50) days, or by both such fine and
imprisonment.
Enacted December 31, 1909.
ORDINANCE NO. 66 23
ORDINANCE NO 66
__4—
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, REG-
ULATING THE KEEPING OF PIGS AND CHICKENS IN THE
SAID CITY OF HUNTINGTON BEACH AND REGULATING
THE MAINTENANCE OF PRIVY VAULTS.
—i—
The Board of Trustees ,of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be, and is hereby declared to be unlawful
for any person, firm, or corporation to keep or maintain any pigs,
or chickens or other domestic fowl in or on Blocks 103, 104, 203,
or 204 in the City of Huntington Beach.
Section 2. It shall be and is hereby declared to be unlawful
for any person, firm, or corporation to keep, establish, or maintain
any open privy vaults in or on Blocks 103 or 104, 203, 204, in the
City of Huntington Beach.
Section 3. Any person, firm, or corporation .who shall violate
any of the provisions of this ordinance, shall be guilty of a mis-
demeanor, and shall be punished by a fine, not exceeding Three
Hundred Dollars ($300.00), or by imprisonment for not more than
Ninety days (90), or by both such fine and imprisonment.
Enacted August 19, 1910.
ORDINANCE NO. 72 25
ORDINANCE NO. 72
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, PRO-
VIDING FOR THE PUNISHMENT OF DRUNKENNESS AND
DISORDERLY PERSONS, AND THE KEEPING OF DISORDER-
LY HOUSES.
—O—
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It is hereby declared to be unlawful for any person
to lie or sleep in or upon any street, alley, sidewalk or other public
place, within the corporate limits of the City of Huntington Beach,
or to appear thereon or therein in a drunken or intoxicated con-
dition.
Section 2. It is hereby declared to be 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 disturbed.
Section 2a. (1) It shall be unlawful for any person to be on
any private premises or in any private house in a state of intoxi-
cation or drunkenness to the annoyance of any other person.
(2) It shall be unlawful for any person to 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, side-
walk, parkway or other public place within the City of Huntington
Beach, whether such person is or is not in or upon any automobile or
other vehicle or conveyance.
(As amended by Ordinance No. 407).
Section 3. Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon con-
viction thereof, shall be punished by a fine in a sum not exceeding
three hundred dollars ($300.00) or by imprisonment for a term not
exceeding three (3) months, or by both such fine and imprison-
ment in the discretion of the Court.
Enacted January 20, 1911.
ORDINANCE NO. 75 27
ORDINANCE NO. 75
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, DE-
CLARING THE ACT OF CARRYING CONCEALED WEAPONS
TO BE UNLAWFUL.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It is hereby declared to be unlawful for any person,
other than a public officer, or person having secured a permit so
to do, to wear or to carry concealed on or about his person, any
pistol, dirk, or other dangerous weapon or deadly weapon, provided
however that the ordinary pen knife, pocket knife, or toilet shears
are not deemed dangerous or deadly weapons within the provisions
of this Ordinance.
Section 2. Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon con-
viction thereof shall be punished by a fine in a sum not exceeding
Three Hundred ($300.00) Dollars, or by imprisonment for a term
not exceeding three (3) months, or by both such fine and imprison-
ment in the discretion of the Court.
The City Marshall is hereby authorized to grant a written permit
to any peaceable person, when in his judgement he may deem it
necessary, for such person to carry concealed weapons for his own
protection.
Enacted April 7, 1911.
ORDINANCE NO. 77 29
ORDINANCE NO. 77
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, PRO-
VIDING FOR THE CARE OF AND THE REMOVAL OF GAR-
BAGE IN THE CITY OF HUNTINGTON BEACH.
—O—
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. For the purpose of this Ordinance, the word garbage
is defined to be all animal and vegetable refuse from kitchens, and
all household waste that shall have been prepared for or intended
to be used as food or shall have resulted from the preparation of
food. Trash other than garbage is defined to be any other refuse
such as tin cans, glass, old clothes, etc.
Section 2. It shall be unlawful for any person, firm or corpora-
tion to remove or convey or cause or permit to be removed or con-
veyed any garbage on or along any public street, alley or other
public place in the City of Huntington Beach; provided however
that the provisions of this section shall not apply to any person
firm or corporation with whom the City of Huntington Beach has
entered into or may hereafter enter into a contract for the col-
lection, removal and disposal of garbage or to any employee of such
contractor during such time as such contract shall be in force.
Section 3. It shall be the duty of every owner, manager or
person in possession, charge. or control of any boarding house,
restaurant, hotel, apartment or eating house, and of every person
occupying a dwelling or flat within the City of Huntington Beach,
to provide or cause to be provided, and at all times to keep or
cause to be kept, as in this ordinance prescribed, convenient port-
able vessels, tanks or receptacles for holding garbage, and no
other vessel shall be used for garbage in said City. Each such
vessel, tank, or receptacle shall be of a form and style approved
by the Board of Health of. the City of Huntington Beach and
shall be constructed of metal and shall be water tight, and shall
be so constructed as to contain not less than three (3) nor more
than sixteen (16) gallons, and shall be provided with a handle
or handles on the outside thereof and shall have a tight fitting
metal cover. Such cover shall not be removed except when
necessary to place garbage therein or to remove garbage there-
from, and at all other times said cover is to be in place on said
tank, vessel or receptacle. Each such vessel, tank or receptacle
shall be kept or placed in the manner following.
Where there is an alley other than a blind alley in
the rear of such premises, such vessel, tank or receptacle,
shall be placed on the premises, within five (5) feet of
the rear property line.
Where there is no alley other than a blind alley in
30 ORDINANCE NO. 77
the rear of such premises and there is a side entrance
to the rear of such premises, each such vessel, tank or
receptacle shall be placed on the premises at an accessible
point not less than fifty (50) nor more than seventy-five
(75) feet from the front property line.
Where there is no alley other than a blind alley in
the rear of the premises nor such side entrance, each such
vessel, tank or receptacle, shall be placed on the curb in
front of the premises; all such depositing of garbage cans
to be made during or for the hour fixed for the collection
of garbage therefrom and to be accessible to the garbage
collector at such hour.
Section 4. It shall be the duty of every owner, manager or
person in possession, charge or control of any boarding house,
restaurant, hotel, apartment or eating house, and every person
occupying a dwelling or flat within the City of Huntington Beach,
to provide or cause to be provided, and at all times to keep or
cause to be kept, convenient portable vessels, tanks, receptacles
or boxes for holding trash. Each such receptacle for trash to
be accessible to the garbage collector, when called for, by being
placed along side the garbage receptacles, mentioned in Section
3 of this Ordinance.
Section 5. It shall be unlawful for any person, other than
the owner of said receptacle or any officer or employe of said
City, or an employe of the person, firm or corporation holding a
contract with the City of Huntington Beach for the collection,
removal and disposal of garbage to interfere in any manner with
any such garbage vessel, tank or receptacle. It shall be unlawful
for any person to place or cause, or permit to be placed in any
such garbage vessel, tank or receptacle any substance other than
garbage.
Section 6. It shall be unlawful for any person, firm, or cor-
poration to deposit or cause or permit to be deposited, any garbage
or trash upon or in any public street, alley or other public place
or upon any premises in the City of Huntington Beach.
Section 7. The City of Huntington Beach shall enter into a
contract with some responsible contractor to collect all trash and
garbage from all the various trash and garbage cans or receptacles
in the City of Huntington Beach, at the times and in the manner
to be prescribed in said contract, which contract shall run for
a period of not more than three (3), years, and which contract
shall be accompanied by bond in the penal sum of Two Hundred
Fifty ($250.00) Dollars, with two (2) good and sufficient sureties
to the effect that the contractor will faithfully perform his contract
and comply with all the Ordinances of the City of Huntington
Beach, relating to the care and control of garbage, refuse, filth
and trash.
The City of Huntington Beach, may in awarding such con-
ORDINANCE NO. 77 31
tract for hauling garbage and trash as herein provided, advertise
the same for bids.
Section 8. Any person, firm or corporation violating any of
the provisions of this ordinance shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be punishable by a
fine in a sum not exceeding Three Hundred ($300.00) Dollars or
by imprisonment for a term for a period not exceeding ninety
(90) days or by both such fine and imprisonment.
Each such person, firm or corporation shall be deemed guilty
of a seperate offense for any day, during any portion of which
any violation of any provision of this Ordinance is committed,
continued or permitted by such person, firm or corporation and
shall be punishable therefor as provided by this Ordinance.
Enacted April 21, 1911.
ORDINANCE NO. 80 33
ORDINANCE NO. 80
_4—
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
PROHIBITING THE THROWING OR DEPOSITING OF ANY
TRASH OR OTHER RUBBISH OR TIN CAN OR BOTTLES
ON THE BEACH OF THE PACIFIC OCEAN IN THE CITY
OF HUNTINGTON BEACH, CALIFORNIA.
The Board of Trustees of the City of Huntington Beach do
Ordain as follows:
Section 1. It shall be unlawful for any person, firm or cor-
poration to throw or cast or deposit or cause to be thrown, cast
or deposited on the beach of the Pacific Ocean, below high tide
line, in the City of Huntington Beach, any glass, bottles, tin cans,
nails, or any rubbish or trash whatsoever that is or may be or
may become a menace to life or limb of any person or any bather
in said ocean or on said beach or is or may be or may become
sharp or angular or jagged.
Section 2. It shall be unlawful for any person, firm or cor-
poration to throw or cast or deposit or cause to be thrown, cast
or deposited on the beach of the Pacific Ocean below the high
tide line in the City of Huntington Beach, any glass, bottles, tin
cans, nails, or any rubbish or trash whatsoever.
Section 3. Any person, firm or corporation who shall violate
any of the provisions of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punishable
by a fine not exceeding Three Hundred ($300.00) Dollars or by
imprisonment for a term not exceeding ninety (90) days or by
both such fine and imprisonment.
Enacted July 7, 1911.
ORDINANCE NO. 82 35
ORDINANCE NO. 82
AN ORDINANCE PROVIDING A SYSTEM OF NUMBERING
BUILDINGS IN THE CITY OF HUNTINGTON BEACH,
CALIFORNIA.
-o--
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. All entrance from the public streets or highways
of the City of Huntington Beach to buildings shall be numbered
as hereinafter provided and not otherwise. The number of each
and every entrance shall be placed upon or immediately above the
door or gate closing such entrance; each figure of said numbers
shall be at least two (2) inches in height and of corresponding
width.
Section 2. It shall be the duty of the City Engineer of the
City of Huntington Beach to designate the respective numbers for
buildings in the City of Huntington Beach, on request.
Section 3. In all parts of the City of Huntington Beach lying
West of the right of way of the Southern Pacific Railway Com-
pany, buildings shall be numbered as follows: On the Northeast
side of avenues and on the Southeast side of streets, even num-
bers shall be used. On the South west side of avenues and on
the Northwest side of streets, odd numbers shall be used. In all
parts of the City of Huntington Beach lying East of the right of
way of the Southern Pacific Railway Company, buildings shall
be numbered as follows: On the East side of avenues and on the
South side of streets, even numbers shall be used; on the West
side of avenues and on the North side of streets, odd numbers
shall be used. 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.
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.
As amended by Ordinance No. 124.
Section 4. The location of the doorway of the building shall
determine the number to be used.
Section 5. In all parts of the City of Huntington Beach lying
West of the right of way of the Southern Pacific Railway Com-
pany, numbers shall increase from the Southeast towards the
Northwest of avenues and from the Southwest towards they North-
east on streets. In all parts of the said City lying East of the
right of way of the Southern Pacific Railway Company, numbers
shall increase from South towards the North and from West to-
wards the East. In all parts of said city, one number shall be
36 ORDINANCE NO. 82
allotted to each lot having a frontage of not more than forty (40)
feet. In each lot or parcel of land having a frontage or more
than forty (40) feet, one number shall be allotted to each twenty-
five (25) feet or fraction thereof, of such lot or block.
As amended by Ordinance No. 124.
Section 6. 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: (a) Avenues and boule-
vards shall be numbered in hundreds according to the hundred
number of the respective block numbers at any designated point,
(b) Streets shall be numbered in hundreds according to the "tens
and units" part of the respective block numbers at any designated
point.
Section 7. The "hundred" part of each number shall be de-
termined on the West side of the Right of Way of the Southern
Pacific Railroad Company as follows: (a) Avenues shall be num-
bered in hundreds according to the tens and units number of
the respective block numbers at any designated points; (b) Streets
shall be numbered in hundred according to the "hundreds" part
of the respective block numbers at any designated point.
Section 8. In any case not provided for in this Ordinance
the City Engineer shall designate the number to be used.
Section 9. Any person, firm or corporation who shall not
obtain from the City Engineer the number for any building in the
City of Huntington Beach it may own or occupy and place said
number as required by this ordinance shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punishable
by a fine of not more than Five ($5.00) Dollars or by five days
imprisonment or by both such fine and imprisonment.
As amended by Ordinance No. 124. Enacted August 25, 1911.
ORDINANCE NO. 84 37
ORDINANCE NO. 84
—F—
AN ORDINANCE REQUIRING THE CLEANING OF CERTAIN
WEEDS FROM PROPERTY IN THE CITY OF HUNTINGTON
BEACH.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. All persons, firms or corporations owning any real
property in the City of Huntington Beach 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.
Section 2. Any such weeds on any such real property in the
City of Huntington Beach are hereby declared to be a nuisance.
Section 3. It shall be the duty of the Superintendent of Streets
of the City of Huntington Beach to notify, in the manner 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 the City of Huntington Beach, and that upon a failure to do so
within ten days, the said City will cause the said weeds to be re-
moved at the expense of said owner. 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 Hunt-
ington 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 before provided.
Section 4. At the expiratoin 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 re-
port the said delinquency to the Board of Trustees of the said City
of Huntington Beach, with an estimate of the probable cost of doing
the work. The Board of Trustees must then order the said Super-
intendent of Streets to do the said work, at the expense of the owner
of said property, and provide for temporary payment of the same
with the City funds; provided, that the said Board, may, in its dis-
cretion, extend the time within which the work must be done.
Section 5. At the completion of the work, the Superintendent .
of Streets must prepare a statement of the proceedings, reciting the
38 ORDINANCE NO. 84
existence of the nuisance, the description of the property, the names
of the owners and occupants, if known, the giving of the notice,
the hearing by the Board of Trustees, the making of the order by
the Board, the doing of the work and the cost thereof; which state-
ment must be signed and verified by said Superintendent of Streets,
and filed in his office. 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.
Section 6. Any person, firm or corporation, failing to clear
his said property from said weeds after notice as provided in this
ordinance shall be subject to a penalty of ten ($10.00) dollars in
addition to the cost of cleaning said property, and the Superintendent
of Streets shall cause suit to be brought in any court of competent
jurisdiction to collect the same; provided, the collectoin of said
penalty shall not be a bar to criminal prosecution for the same offense.
Section 7. Failure to keep said property free from the said
weeds as provided in section one of this ordinance shall be a viola-
tion of this ordinance and is hereby declared to be a misdemeanor
and for every lot so overgrown with weeds as set forth in section
one of this ordinance and not cleaned after notice as herein provided
in section two, of this Ordinance there shall be counted a separate
violation of this ordinance and that or any other violation of this
Ordinance shall constitute a misdemeanor, and any person violating
the same or any part thereof shall upon conviction thereof, be deemed
guilty of a misdemeanor and shall be punishable by a fine note ex-
ceeding fifty ($50.00) dollars or by imprisonment for a period not
exceeding fifty days or by both such fine and imprisonment.
Enacted October 20, 1911.
ORDINANCE NO. 87 39
ORDINANCE NO. 87
--0
AN ORDINANCE PRESCRIBING CONDITIONS AND REGULA-
TIONS UNDER WHICH PERSONS OR CORPORATIONS MAY
ESTABLISH AND MAINTAIN WORKS FOR SUPPLYING THE
INHABITANTS OF THE CITY OF HUNTINGTON BEACH
WITH LIGHT, WATER, POWER, HEAT, TRANSPORTATION,
TELEPHONE SERVICE AND OTHER MEANS OF COMMUNI-
CATION.
Section 1. It shall be unlawful for any person, firm, or cor-
poration to establish or operate or establish and operate public works
for supplying the inhabitants of the City of Huntington Beach with
light, water, power, heat, transportation, telephone service or other
means of communications, contrary to the provisions of this ordinance.
Section 2. It shall be unlawful for any-person, firm or cor-
poration to lay or construct any pipe line, ditches, flumes or conduits
or to erect any telegraph, telephone or electric light or transmission
poles in or on any walk, street, alley or public highway or place
in the City of Huntington Beach, or to stretch any wires along or
across alleys, walks or other public places in the City of Huntington
Beach for the purpose of supplying the inhabitants of said city with
light, water, power, heat, transportation, telephone service or other
means of communication or for any purpose, contrary to the provi-
sions of this ordinance.
Section 3. Any person, firm or corporation desiring to do any
of the things mentioned in section 1 and 2 or sections 1 or 2 of this
ordinance shall first obtain from the City of Huntington Beach a
franchise from said city so to do, which said franchise shall be
granted by said city only in accordance with the provisions of the
statutes of 1905, page 777 of the State of California, as amended,
and with all the statutes of the State of California applying to the
granting of franchises by municipal corporations.
Section 4. Any person, firm or corporation desiring to do any
of the things mentioned in Sections 1 or 2 of this ordinance shall,
before commencing work, file with the Superintendent of Streets of
the City of Huntington Beach a good and sufficient bond in the sum
of Five Hundred ($500) Dollars to be approved by said Superin-
tendent of Streets, conditioned that said person, firm or corporation
will well and truly restore the said street, alleys, walks and public
places, after the completion of their said work to the same and as
good condition as that in which they were at the time that said work
was commenced.
Enacted January 5, 1912.
ORDINANCE NO. 103 41
ORDDINANCE NO. 103
AN ORDINANCE REGULATING AND ESTABLISHING THE LOCA-
TION FOR ALL UNDERGROUND STRUCTURES, SEWERS,
GAS MAINS, WATER MAINS, TELEPHONE AND TELEGRAPH
CONDUITS, AND ALL OTHER STRUCTURES OF PUBLIC
UTILITIES WITHIN THE STREETS, ALLEYS, AND PUBLIC
PLACES WITHIN THE CITY OF HUNTINGTON BEACH.
—O—
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. All sewers, water mains, gas mains, electric con-
duits, and any other pipe or conduit lines or manholes, are hereby
required to be laid in accordance with the following rules:
Section 2. Alleys shall be used for all pipes, conduits, mains,
and manholes, where possible; and plans and profiles for the same
showing location, depth, and size, shall be filed with the City En-
gineer in the office of the City Clerk of said City for record, and
approved by the Board of Trustees before work is commenced. And
all of said work shall be constructed and built under the supervision
and direction of and to the satisfaction of the City Engineer of said
City.
Section 3. Paragraph 1. Water mains and laterals shall be laid
with their center lines in the center lines of alleys or streets.
Paragraph 2. Sewers shall be laid with their center lines three
feet southwest in northwest street and alleys, and three feet north-
west 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.
Paragraph 3. Gas mains and laterals shall be laid with their
center line three feet from the center lines of streets and alleys on
the opposite side from sewers.
Paragraph 4. 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.
Paragraph 5. Any other conduit or pipe line shall be laid so
that the center line will be five feet from the center line of the
street or alley, and on the the same side as the gas mains and laterals.
Section 4. Where mains must be run in streets on account of
there being no alleys available, special locations for the lines on
either or both sides thereof, or in the parking strip of the sidewalk,
42 ORDINANCE NO. 103
may be made by permission of the City Engineer and the Board of
Trustees.
Section 5. Any violation of any of the provisions of this
Ordinance shall constitute a misdemeanor, and every person, firm,
or corporation found guilty of violating any of said provisions shall,
upon conviction thereof, be fined in the sum of not more than One
Hundred ($100.00) Dollars, or by imprisonment of not more than
one month in the City Jail of the City of Huntington Beach, if there
be one, or in the County Jail of Orange County, as the City Recorder
may direct, or be punished by both such fine and imprisonment; and
4,urthermore, any person or corporation holding a franchise in said
City for the purpose of conducting any public utility, who shall be
guilty of the violation of any of the provisions of this Ordinance,
shall, in addition to the above penalties, be subject to have any such
franchise cancelled and annulled by the Board of Trustees of said
City.
Enacted October 18, 1912.
ORDINANCE NO. 141 43
ORDINANCE NO. 141
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO-
VIDING AN ANNUAL LICENSE FOR ATHLETIC AND SPAR-
RING EXHIBITIONS AND PROVIDING RULES AND REGULA-
TIONS FOR ATHLETIC AND SPARRING EXHIBITIONS.
--
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person, firm, or cor-
poration, association or club to hold, manage, conduct or present any
boxing or sparring exhibition within the City of Huntington Beach
without a permit therefor first had and obtained from the Board
of Trustees of said City. That any person, firm, corporation, asso-
ciation or club having a permit so to do may hold, manage or con-
duct a boxing or sparring exhibition within said City upon complying
with the rules and regulations as may be hereafter adopted by the
Board of Trustees of the City of Huntin ten Beach. Any person,
firm, corporation, club or association desiring to obtain a permit to
conduct, hold, manage, or present a boxing or sparring exhibition
may present an application for a permit so to do to the said Board
of Trustees, which application shall state the time, place, name of
person who is to actively manage and conduct said exhibition and
shall be accompanied by a license fee, which is hereby fixed at the
sum of ($5.00) Five Dollars, for such exhibition. Upon receipt of
said application and fee, the Board of Trustees shall have the right
and power to interrogate any person or persons connected with said
exhibition and if after due consideration of said application the Board
of Trustees shall determine that said exhibition will not be de-
trimental to public morals, and that the applicant is a suitable and
proper person to manage and conduct said exhibition, they may
grant a permit therefor.
(As amended by Ordinance No. 245.)
Section 2. Any athletic or sparring exhibitions held by any
such club shall comply strictly with the provisions of the Laws
and Statutes of California relating to such athletic and sparring
exhibitions.
Section 3. No intoxicating liquors shall be permitted to be
used, drank, sold, vended or given away at any athletic or sparring
exhibitions held or given by any such club, and no boisterous or
improper conduct shall be permitted at any such athletic or sparring
exhibitions. All peace officers of the City of Huntington Beach
shall be entitled to attend, free of charge, any athletic or sparring
exhibitions given by any such club under the provisions of this
Ordinance, and any of said peace officers may stop any perform-
ance or exhibition given by said Club at any time that the same
44 ORDINANCE NO. 141
shall in the judgment of said officer become boisterous, brutal, or
improper.
Section 4. The Board of Trustees shall have the right at any
time to revoke any license issued to any such Club, whenever in
the judgment of said Board of Trustees, said Club shall have failed
to comply with any provisions of the State law, or with any pro-
visions of this Ordinance.
Enacted July 31, 1922.
ORDINANCE NO. 148 45
ORDINANCE NO. 148
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO-
HIBITING THE USE OF ANY FISHING NET OR SEINE WITH-
IN 1000 FEET OF ANY PIER IN SAID CITY.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful to set, draw, or use any fishing
net or seine of any form or description in the Pacific Ocean at any
point or place within the City of Huntington Beach, California, less
than 1000 feet from any wharf, dock or pier located in the said
City, except that small nets may be used from a pier for catching
bait, crabs, lobsters or crawfish.
Section 2. Any violation of the provisions of this Ordinance
shall be deemed a misdemeanor, and each and every person found
guilty of violating any of its provisions shall upon conviction thereof
be fined, not to exceed ($50.00) Fifty Dollars, or be imprisoned,
not more than thirty days, or be punished by both such fine and
imprisonment.
Enacted November 6, 1914.
ORDINANCE NO. 152 47
ORDINANCE NO. 152
—O—
AN ORDINANCE REGULATING MOVING PICTURE EXHIBI-
TIONS AND ENTERTAINMENTS AT WHICH MOVING PIC-
TURES ARE EXHIBITED.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person, firm or cor-
poration to hold, conduct or carry on, or to cause or permit to be
held, conducted, or carried on, any moving picture exhibition, or
any entertainment at which moving pictures are exhibited, without a
permit therefor in writing, granted by the Board of Trustees of the
City of Huntington Beach, as hereinafter provided. Any person,
firm or corporation desiring to obtain a permit to hold, conduct,
or carry on a moving picture exhibition, or any entertainment at
which moving pictures are exhibited, shall file an application in
writing therefor with the Board of Trustees of the City of Huntington
Beach, specifying the place where such exhibition or entertainment
is proposed to be held, conducted or carried on, which said applica-
tion shall be signed by the applicant.
Section 2. That no permit to hold, conduct or carry on a mov-
ing picture exhibition, or any entertainment at which moving pic-
tures are exhibited, shall be granted by the Board of Trustees of
the City of Huntington Beach, unless the building or room in which
such exhibition or entertainment is to be held, conducted, or carried
on, shall conform to the requirements of this Ordinance. That the
City Clerk shall not issue any license to hold, conduct or carry on
a moving picture exhibitofl, or any entertainment at which moving
pictures are exhibited, until the Board of Trustees of the City of
Huntington Beach, shall have granted a permit therefor, as pro-
vided in this Ordinance. Before any such permit shall be granted
by the Board of Trustees of the City of Huntington Beach, the
Building Inspector and the City Electrician, of Huntington Beach
shall certify to.the said Board that they have inspected the place
where such exhibition or entertainment is proposed to be held,
conducted or carried on, and the rooms, enclosures and equipment
thereof, and that the same conform to the provisions of this
Ordinance.
Section 3. That any room in which a moving picture exhibi-
tion or entertainment at which moving pictures are exhibited, is
held, conducted or carried on, shall be on the first or ground floor,
or sidewalk level, and shall front on a public street, and the back,
or rear, of such room or one side thereof, shall abut upon a public
street or alley. No.moving picture exhibition or entertainment shall
be held, conducted or carried on, in a building, house, barn, shed
or structure the outer surface of the walls of which are in whole
or in part constructed or built of wood or other combustible mate-
48 ORDINANCE NO. 152
rial, and all wooden roofs of such buildings shall be covered with
fire-proof roofing.
Section 4. (a) Every room in which a moving picture ex-
hibition or entertainment is conducted which has a seating capacity
of 100 persons, or less, shall have at least one exit, in the rear thereof
not less than five feet wide, or two, 3 feet wide, and not less than
six feet and eight inches high, opening directly upon the street
or alley at the rear or side of such room so used or occupied, or
opening upon vacant land under the charge or control of the man-
ager or person in charge of such moving picture exhibition or en-
tertainment_and adjoining the rear or side of the building or por-
tion thereof, where such exit is located and being not less than
ten feet in width and leading and opening without obstruction, to
and upon a street or alley.
(b). Every room in which a moving picture exhibition or
entertainment is conducted and which has a seating capacity of
more than 100 and not more than 250 persons, shall have one exit
in the rear thereof, not less than six feet wide, or two exists, each
of which shall be not less than three feet wide. All exits shall
be not less than six feet eight inches in height, and shall open di-
rectly into the street or alley at the rear or side of such room so
used or occupied, or opening upon vacant land under the charge
or control of the manager or person in charge of such moving pic-
ture exhibition or entertainment and adjoining the rear or side of
the building or portion thereof where each such exit is located,
and being not less than ten feet in width and leading and open-
ing, without obstruction, to and upon a street or alley.
(c). Every room in which a moving picture exhibition or en-
tertainment is conducted which has a seating capacity of more
than 250.and, not ,more than 500 persons, shall have two exits, in
the rear thereof, each of which shall not be less than 3 feet wide
and 6 feet 8 inches high, and shall open directly into the street
or alley at the rear or side of such room so used or occupied, or
opening upon a vacant land under the charge or control of the
manager or person in charge of such moving picture exhibition or
entertainment and adjoining the rear or side of the building or
portion thereof where each such exit is located and being not less
than ten feet in width and leading and opening, without obstruc-
tion, to and.upon a street or alley.
(d). Every room in which a moving picture exhibition or en-
tertainment is conducted, which has a seating capacity of more
than, 500 persons, shall have two exits in the rear thereof, each
of,which, shall not be less than six.feet wide and six feet 8 inches
high and shall open directly into the street or alley at the rear or
side of such room so used or occupied, or opening upon vacant land
under the charge or control of the manager or person in charge
of such moving picture exhibition or entertainment and adjoining
the rear or side of the building or portion thereof where each such
exit is located, and being not less than ten feet in width and leav-
ORDINANCE NO. 152 49
ing an opening, without obstruction, to and upon a street or alley.
(e). Every exit door shall be so hung that it will swing to
the exterior of the room and shall not be locked or fastened
during the progress of any exhibition or entertainment in any man-
ner, except by a small catch or spring upon the inside, which will
readily yield to the pressure of one person from within.
Section 5. Over every exit there shall be placed on the inside
of the building or room used for the purpose specified in this Ordi-
nance the word "EXIT" in legible letters not less than three inches
in height, on a red glass panel with two electric lights, of not
less than eight candle-power each, directly behind such panel, on
a circuit independent of all other lights in said building, and in-
dependent of the electric energy furnished to operate the machine
used for the production of the moving pictures.
Section 6. It shall be unlawful for any person to place or
maintain any chair, sofa, settee, stool, seat, or any other obstruc-
tion whatever in any aisle, or in any passageway exit or doorways,
leading to or from, any room in which any moving picture ex-
hibition or entertainment is held, conducted or carried on, during
the time when such exhibition or entertainment is being so held,
conducted or carried on, or to admit to, or cause or permit any
person to be or remain upon the floor of any such room, in excess
of the number of seats provided for the floor thereof, except the
necessary ushers and, other attendants whose services are required
in and about the conducting of such exhibition or entertainment,
and it shall be unlawful for any person to stand or remain in any
such aisle, passageway, exit or doorway during the time when
such exhibition or entertainment is being held, conducted or car-
ried on.
Section 7. In every room or enclosure in which any moving
picture exhibition or any entertainment at which moving pictures
are exhibited is held or conducted, which is not more than 20 feet
in width and not more than 100 feet in depth, there shall be one
aisle through the center thereof, not less than five feet in width,
or one aisle on each side thereof, each not less than three feet in
width.
In every room or enclosure in which any moving picture ex-
hibition or any entertainment at which moving pictures are ex-
hibited is held or conducted, which is more than 20 feet in width
and not more than 30 feet in width and not more than 100 feet
in depth, there shall be two aisles from front to rear each not less
than three feet in width.
In every room or enclosure in which any moving picture ex-
hibition or any entertainment at which moving pictures are being
exhibited, is held or conducted, the width of which is more than
thirty feet, the total width of the aisle space shall be not less
than eight feet, and for each additional foot or fractional part
thereof of increase in width of such room over thirty feet, such total
aisle space shall be increased not less than two inches, the minimum
50 ORDINANCE NO. 152
width of any aisle having seats on both sides thereof shall not
be less than four feet and the minimum width of any aisle having
seats on one side thereof shall not be less than three feet.
All such aisles shall be maintained in such a manner that not
more than six seats shall intervene between any seat and an aisle,
provided, however, that where a depth of the seating space of such
room is more than one hundred feet, across aisle shall be provided
and maintained at or near the middle thereof not less than six
feet in width, which cross aisles shall extend across such room as
nearly as possible at right angles so as to connect all aisles running
from front to rear.
All seats shall be firmly secured to the floor and shall not be
less than twenty-eight inches from back to back measured in a
horizontal direction.
(As amended by Ordinance No. 154.)
Section 8. It shall be unlawful for any person, firm or cor-
poration to use or operate or cause or permit to be used or operated,
any moving picture machine, unless the same and the enclosure
or room in which the same is operated conform to the following
requirements:
(a). Every moving picture machine must be placed in an en-
closure or room rendered proof against fire by having the ceiling
and walls protected with quarter inch asbestos covered with sheet
iron of not less than Number 26 B. & S. gauge, and the floor cov-
ered with sheet iron of not less than Number 20 B. & S. gauge,
which covering shall be put on in a workmanlike and mechanical
manner; or such enclosure or room may be rendered proof against
fire in a manner approved by the Board of Trustees. Provided
that if all sides and the ceiling or top of such enclosure or room
are at least one foot from any woodwork, such enclosure or room
may be constructed of sheet iron not less than Number 20 B. & S.
gauge which sheet iron shall be "lock" lapped and riveted and sup-
ported by angle iron.
(b). All openings into such enclosure or room must be ar-
ranged so as to be closed entirely by doors or shutters constructed
of the same or equally good fire resisting material as the walls of
the enclosure or room itself and arranged to be normally closed.
Every door of such enclosure or room shall open outward, shall
close against a jamb and shall be provided with springs so placed
as to keep such door closed. All work on such enclosure or room
Fhall be done in a workmanlike and mechanical manner.
(c). No trap door for entering any such enclosure or room
will be permitted unless such enclosure or room shall be provided
with an additional door. Every such enclosure or room must be
kept free and clean of all inflammable material of any kind what-
ever.
(d). The door or coverings for all other openings shall be
held open by small cords suspended directly above the arc lamp
ORDINANCE NO. 152 51
and shall be so arranged that when severed they will readily close
all openings.
(e). All openings for the operators' view and for the projec-
tions of the picture shall be as small as possible, and shall not be
larger than twelve inches by twelve inches.
(f). Whenever required by the Board of Trustees of the City
of Huntington Beach each such enclosure or room shall be ven-
tilated by an opening or flue made of galvanized iron not less
than No. 20 B. &- S. guage substantially `constructed and not less
than twelve inches in diameter. Such flue shall extend to the
outside of the building or into the chimney with a flue area of not
less than sixty square inches. Such enclosure or room shall be
as near as possible to the outside of the building and unless the
vent for the same is installed in a vertical position shall not exceed
fifteeen feet in length, unless such vent is provided with an ap-
proved forced draught.
(g). Only slow burning wire shall be used inside of such en-
closure or room except cord for room light.
(h). All portable cord for connecting th; arc lamp shall be
as short as possible.
(i). The circuit supplying the current for the are lamp shall
be not less than Number 6 B. & S. gauge up to the operating switch.
Such switch shall be not less than 35 amperes capacity, with fuses
to protect such switch, and the same shall not be installed on top
of the support for the arc lamp.
(j). If such switch is on the under side of such support, the
same must have an approved cover with handle projecting through
the cover. Such switch shall disconnect the rheostat with arc
lamp.
(k). The rheostat shall be raised to a height of at least three
inches above the floor and shall be properly enclosed and shall
be surroundered with a substantial attached metal guard having a
mesh not larger than one square inch, which guard shall be kept
at least one inch from the ouside frame of the rheostat. The rheostat
shall be installed.in such enclosure or room herein mentioned, ex-
cepting where permission is granted in writing to install the same
elsewhere by the City Electrician.
(1). Ail films not being used shall be kept in a metal box
with a tight fitting cover and only those being used shall be kept
in the operating room.
(m). Extra sets of fuses of the type approved by the City
Electrician shall be kept on hand and open link fuses will not be
allowed.
(n). The wiring of the auditorium shall be so arranged that
a number of lights to light the auditorium sufficiently can be
operated by a switch near the entrance door, independent of the
52 ORDINANCE NO. 152
switches in the enclosure room in which the picture machine is
located.
(o). No cut outs other than for the are lamp shall be in-
stalled or maintained in the enclosure or room in which the pic-
ture machine is located and no wiring shall be installed or main-
tained in such enclosure or room except such as is necessary for
the control of the lights in the auditorium.
(p). Every moving picture machine must be equipped with
upper and lower magazines and automatic shutters.
Section 9. It shall be unlawful for any person to place or
permit to remain in any enclosure or room in which any moving
picture machine is operated any open fire, or any lighted cigar
or cigarette or pipe.
Section 10. That the provisions of this Ordinance shall not
apply to any moving picture exhibition or any entertainment at
which moving pictures are exhibited in any room or auditorium
in any school building or church, in said city which exhibition is
being conducted under authority and direction of the Board of Trus-
tees of such school or church.
Section 11. Any person, firm or corporation who shall violate
any of the provisions of this ordinance shall be deemed to be guilty
of a misdemeanor and upon conviction thereof shall be punishable
by a fine of not less than $50.00 nor more than $500.00, or by
imprisonment in the County Jail for a period of not more than six
months, or by both such fine and imprisonment.
Enacted Feb. 12, 1915.
ORDINANCE NO. 153 53
ORDINANCE NO. 153
—O—
AN ORDINANCE REQUIRING THE REMOVAL OF FILTH, WHICH
MIGHT FORM A BREEDING PLACE FOR FLIES AND RE-
QUIRING FRUITS AND VEGETABLES DISPLAYED FOR PUB-
LIC SALE TO BE SCREENED OR COVERED TO PROTECT
THEM FROM FLIES.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person, firm or cor-
poration to permit any manure, garbage or other filth, which might
form a breeding place for flies to accumulate for more than one
week upon any premises in the City of Huntington Beach, Cali-
fornia, owned, used or controlled by said person, firm or corpora-
tion, and all manure, garbage and other filth, which might form
a breeding place for flies, shall be removed at least once a week
irom the premises where the same has accumulated, or at least
once a week shall be placed in and kept in a fly proof container.
Section 2. All fruits and vegetables kept or displayed on side-
walks for sale in the City of Huntington Beach, California, shall
be screened or covered, so as to keep flies away from said fruits
or vegetables.
Section 3. Any violation of any of the provisions of this ordi-
nance shall constitute a misdemeanor, and every person found guilty
of violating any of said provisions shall upon conviction thereof
be fined in the sum of not more than $300.00, or be imprisoned
not more than three months in the city jail of the City of Hunt-
ington Beach, if there be one, or in the County Jail of the County
of Orange, as the City Recorder may direct, or be punished by both
such fine and imprisonment.
Enacted Feb. 19, 1915.
ORDINANCE NO. 181 55
ORDINANCE NO. 181
AN ORDINANCE REQUIRING ALL PERSONS IN THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, DEALING IN SECOND-
HAND MOTORCYCLES OR SECOND-HAND BICYCLES, JUNK,
DIAMOND AND ALL PRECIOUS STONES, JEWELRY, SIL-
VERWARE, OLD GOLD AND SILVER, CLOTHING, TOOLS,
HARNESS, ROBES, WHIPS, GARDEN HOSE, FIREARMS,
WATCHES OR MUSICAL INSTRUMENTS OR ANY AND ALL
SECOND-HAND ARTICLE OR ARTICLES, TO MAKE OUT
AND DELIVER DAILY TO THE CITY MARSHAL OF THE
CITY OF HUNTINGTON BEACH, OR TO HIS ASSISTANTS
OR REPRESENTATIVES A REPORT OF ALL PURCHASES
.AND SALES OF ANY SUCH SECOND-HAND ARTICLES
MADE BY THEM WITHIN ONE DAY NEXT PRECEDING
SAID REPORT AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING PENALTIES OF VIOLATION THEREOF.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. That every person, firm or corporation buying, sell-
ing, loaning money on, or otherwise dealing as a business in second-
hand motorcycles or second-hand bicycles, diamonds, and all pre-
cious stones, silverware, jewelry, old gold and silver, clothing, tools,
harness, robes, whips, garden hose, firearms, junk, watches, or
musical instruments or any other second-hand article or either or
any of said articles within the City of Huntington Beach, California,
and shall keep a record of all such articles so purchased which
shall at all times during business hours be open to the inspection
of the City Marshal or any police officer of the City of Huntington
Beach, and shall daily make out and deliver to the City Marshal
of the said City of Huntington Beach, or to the officer in charge
at police headquarters on a blank form to be furnished by said
City Marshal for that purpose, a true and complete report of all
second-hand motorcycles or second-hand bicycles, diamonds and all
other precious stones, silverware, jewelry, old gold, or silver, cloth-
ing, tools, harness, robes, whips, garden hose, firearms, junk, watches
or musical instruments or any other second-hand articles, or either
or any of said articles or things purchased, sold or otherwise dealt
in with or by such persons, firm or corporation within said City
of Huntington Beach, the day preceding said report, together with
the time (meaning the hour of day) when purchased or sold or
otherwise dealt in or with, and the description of the person or
persons from whom bought or to whom sold or with whom other-
wise dealt with and also the true name as near as the same can
be obtained by the person, firm or corporation making such report;
said report shall be written in the English language in a clear,
legible manner.
Section 2. The City Marshal of said City of Huntington Beach
56 ORDINANCE NO. 181
shall immediately upon the adoption and publication of this ordi-
nance cause such a number of blanks to be printed as may be nec-
essary for that purpose and shall thereafter from time to time
cause such additional blanks to be printed as may be required which
said blanks shall be so printed and subdivided that they shall have
space for writing in the following matters, to-wit: Number of pawn
ticket; amount loaned or paid for article; description of articles
purchased; description of articles sold; description of articles other-
wise dealt with; name and residence of person, firm or corporation
from whom purchased; name and place of residence of person,
firm or corporation to whom sold; name and place of residence of
person, firm or corporation with whom otherwise dealt with; de-
scription of person to whom sold or with whom otherwise dealt
with, showing true name as nearly as known; age, sex, complexion,
color of mustache or beard or both where both are worn; style of
dress; height, also the time when the articles were purchased, sold
or otherwise dealt with. Each day all articles which were pur-
chased the preceding day shall be displayed for inspection. Said
blanks shall also bear a caption providing blank spaces in which
to fill in the date of said report; the name and place of residence
of person making, the same and the hour of the day when made.
Section 3. The City Marshal of said City of Huntington Beach
shall deliver said blank to the person from whom said reports are
required from time to time free of charge and shall upon receipt
of said report file the same in some secure place in his office and
the same shall be open to inspection only to the police department
of said city, or upon order of some court duly made for that
purpose.
Section 4. Any violation of this Ordinance or any of the pro-
visions thereof shall constitute a misdemeanor and shall be pun-
ishable by a fine not exceeding One Hundred ($100.00) Dollars or
by imprisonment in the City Jail for a period not exceeding fifty
(50) days or by both such fine and imprisonment in the discretion
of the court.
Enacted Dec. 22, 1916.
ORDINANCE NO. 189 57
ORDDINANCE NO. 189
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
ESTABLISHING THE OFFICE OF POUNDMASTER AND DE-
FINING HIS DUTIES, MAKING IT UNLAWFUL TO PERMIT
CERTAIN ANIMALS TO RUN AT LARGE AND PROVIDING
FOR IMPOUNDING FEES, DOG LICENSES AND FEES
THEREFOR.
—0--
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. The office of poundmaster is hereby established
and the City Marshal of Huntington Beach shall be Poundmaster.
Section 2. There shall be provided by the City a suitable en-
closure to keep and safely hold all animals hereinafter enumerated
and subject to be impounded, which shall be known and designated
the City Pound.
Section 3. It is hereby declared unlawful for any ox, steer,
calf, ass, bull, cow, horse, colt, jack, mule, sheep, goat or hog to
run at large in the City of Huntington Beach, or to be pastured
or herded, staked or tied in any of the streets, lanes, alleys, public
squares, parks or other public places belonging to or under control
of the City of Huntington Beach or in such a way as to trespass
in any manner upon the aforesaid public places.
Section 4. It shall be the duty of the Poundmaster to take
up, impound and safely keep any of the animals enumerated in
Section 3 of this Ordinance found running at large, staked, tied or
being herded or pastured in any street, lane, alley, court, park or
other place belonging to or under control of said city contrary to
the provisions of Section 3 of this Ordinance. When an animal is
so impounded, the Poundmaster shall immediately notify the owner
thereof, if known to him, and shall post three notices, one in front
of the City Hall, of said City, and two other notices in other public
places in said City of Huntington Beach. Said notices shall contain
a description of said animal, and shall set forth that unless reclaimed
said animal will be sold at public auction to the highest bidder, at
a time and place to be specified in said notices, which time shall
not be less than five (5) days nor more than ten (10) days from
the posting of said notices, and if said animals are not reclaimed
before the expiration of the time specified in said notices, the Pound-
master shall proceed to sell the same at the time and place and in
the manner specified in said notices.
Section 5. 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 Poundmaster of the costs and charges here-
inafter provided in this Ordinance for impounding and keeping said
animal, or, if sold, to receive the proceeds of the sale thereof less
the costs and charges aforesaid and costs of sale, within thirty
58 ORDINANCE NO. 189
(30) days after such sale, upon satisfactory proof of the ownership
of said animals sold duly made before the City Clerk of the City
of Huntington Beach.
Section 6. It shall be the duty of said Poundmaster to safely
keep all animals impounded by him and to give the same necessary
food and water and all ordinary attention necessary for the welfare
of said animals.
Section 7. The Poundmaster shall collect from the owner, or
any person seeking to reclaim any of the animals hereinafter men-
tioned, the following sums, to-wit: For impounding any horse, bull,
ox, ass, cow, jack, mule, steer, or colt, two dollars ($2.00) per
head; for impounding any hog, sheep, goat or calf, one dollar and
fifty cents ($1.50) per head; for keeping any horse, bull, ox, ass,
cow, jack, mule, steer or colt, fifty cents ($.50) per head per day;
for keeping any hog, sheep, goat or calf, twenty-five cents ($.25)
per head per day; for posting notices and sale of any of said animals,
one dollar ($1.00) each.
Section 8. It shall be unlawful for any person in the City of
Huntington Beach owning or having charge, care or control of
any female dog to allow same to run at large upon any street or
public place in said city while said female dog is in heat.
Section 9. It shall be unlawful for any person, owning or hav-
ing charge, care or control of any dog to have or to keep the same
within the City of Huntington Beach, and no dog shall be per-
mitted to be or remain within said city unless there shall be at-
tached to such dogs a collar on which there shall be a metal tag,
obtained from the City Tax and License Collector of said City, as
hereinafter provided, and inscribed as hereinafter provided. The
said City Tax and License Collector is hereby authorized and di-
rected to procure each year, prior to the first day of April, such
number of tags as may be sufficient for use during the year, with
the year plainly inscribed thereon. Said tags shall be effective
until the 31st day of March of the year next ensuing, and no longer.
Said Tax and License Collector shall furnish tags to the owners
or persons having charge, care or control thereof, applying therefor
prior to August 1st of the year for which such tag is issued or
within four (4) calendar months of the time when the dog for
which application is made was acquired by the applicant, for
the sum of one ($1.00) Dollar for each dog. If application is made
after August 1st of the year for which such tag is issued, and
more than four (4) calendar months after the dog, for which
application is made, was acquired by the applicant, the fee there-
for shall be increased fifty (50c) cents; provided, that if ap-
plication is made for a dog which has been brought into the
City of Huntington Beach after October 1st of the year for which
such tag is issued, the fee therefor shall be one-half of the
regular fee as herein provided. The City Tax and License Col-
lector shall keep a register wherein shall be kept the name of
ORDINANCE NO. 189 59
the owner to whom tag has been issued and the number and
date thereof.
(As amended by Ordinance No. 380.)
Section 10. It shall be unlawful for any person not the
owner thereof and without the consent of the owner thereof, to
hold or retain possession of any dog for a longer period than
twenty-four (24) hours, unless such person shall report the same
with a true description thereof to the person in charge of the
City Pound.
Section 11. It is hereby made the duty of the Poundmaster
and of any Police Officer of said city, to take up all dogs found
in the streets, lanes, alleys, parks or other public places, or upon
any vacant, unoccupied or unenclosed lots, lands or premises
within the corporate limits of the City of Huntington Beach, un-
less a tag be attached thereto, as in this Ordinance provided.
When such a dog be taken up by a Police Officer, it shall be
delivered by him to the Poundmaster. All of said dogs shall
be impounded in the public pound.
Section 12. The Poundmaster shall keep confined at the City
Pound, properly provided with food and water, for three (3)
days, all dogs impounded by him unless such dogs be redeemed
by the payment of One Dollar ($1.00) pound fee, and a descrip-
tion of all dogs impounded shall be posted for three (3) days;
if not redeemed within three (3) days after the description
thereof has been so posted they shall be killed by the Pound-
master in some humane way and not in any other manner.
Section 13. The word "dog" whenever used in this Ordinance
shall be deemed to include female as well as male dog.
Section 14. Any person owning or having charge, care or
control of any dog, who shall permit or allow the same to run
at large upon any street, lane, alley, park or other public place
within the corporate limits of the City of Huntington Beach, and
any person who shall permit or allow any dog to be kept or
to remain upon any premises under his immediate control, unless
such dog shall be registered and shall have a collar attached
thereon, on which there shall be a tag inscribed as in this Ordi-
nance provided, and any person failing to comply with the pro-
visions of Section 8 thereof, shall be deemed guilty of a mis-
demeanor, and upon conviction thereof, shall be punished by a
fine not exceeding Fifty Dollars ($50.00) of by imprisonment for
a period not exceeding fifty (50) days, or by both such fine
and imprisonment.
Section 15. Any person who shall imitate or counterfeit
the tags in this Ordinance provided for, or shall use any imitation
or counterfeit of such tag, shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be punished by a
fine not exceeding Fifty Dollars, ($50.00) or by imprisonment
60 ORDINANCE NO. 189
for a period not exceeding fifty (50) days or by both such fine
and imprisonment.
Section 16. Any person rescuing or attempting to rescue any
animal mentioned herein from the possession of the Pound-
master while engaged in conveying the same to the City Pound,
or after said animal is confined in said pound, shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined
in a sum not to exceed Fifty Dollars ($50.00) or by imprison-
ment for a period of not to exceed fifty (50) days or by both
such fine and imprisonment.
Section 17. If any animal impounded under the provisions
of this Ordinance be not redeemed or sold within the time and
in the manner specified in this ordinance, it shall be killed and
disposed of by said Poundmaster in some humane way and in no
other manner.
Section 18. 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 punished by
a fine not exceeding Fifty Dollars ($50.00) or by imprisonment
for a term not exceeding fifty (50) days or by both such fine
and imprisonment.
Enacted Feb. 8, 1918.
a
ORDINANCE NO. 190 61
ORDINANCE NO 190
__4—
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, PROVIDING FOR THE LICENSING OF JUNK
DEALERS AND JUNK COLLECTORS AND REGULATING
THE METHOD OF CONDUCTING BUSINESS OF SAME AND
PROVIDING FOR THE COLLECTION OF SAID LICENSES
AND FIXING A PENALTY FOR VIOLATION THEREOF AND
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH.
--0—
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person whether as
principal or agent, owner or employee, either for himself or any
other person, or for anybody, corporate or otherwise, or as officer
of any corporation, to commence, or carry on, within the corporate
limits of the City of Huntington Beach, the business of Junk
Dealer of Junk Collector, without having first obtained from
the City Clerk of said City, as hereinafter provided, a license
from said City so to do.
Section 2. (1) For the purpose of this Ordinance a "Junk
Dealer" is defined to be a person, firm or corporation, having
a fixed place of business in the City of Huntington Beach and
engaged in conducting, managing or carrying on the business of
buying, selling, collecting, or otherwise dealing in, either at whole-
sale or retail, any old rags, sacks, bottles, cans, rubber, papers,
metal or other articles commonly known as junk.
(2). For the purposes of this Ordinance a "Junk Collector"
is defined to be a person not having a fixed place of business
in the City of Huntington Beach, 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 or other articles commonly known as junk.
Section 3. Every person, firm or corporation, conducting,
managing or carrying on the business of Junk Dealer within-
the limits of the City of Huntington Beach, shall pay for the
license or permit to conduct said business the sum of Twenty-
Five Dollars ($25.00) per year as hereinafter set forth and provided.
Section 4. Every person, firm or corporation, conducting,
managing or carrying on the business of Junk Collector within
the limits of said City of Huntington Beach, shall pay for the
license or permit to conduct said business, the sum of One Hun-
dred Dollars ($100.00) per year as hereinafter set forth and provided.
Section 5. Any person, firm or corporation desiring to obtain
a license or permit under this Ordinance for the conducting or
carrying on of the business of Junk Dealer or Junk Collector,
62 ORDINANCE NO. 190 32
shall file an application in writing therefor with the Board of
Trustees of said city, specifying by street and number the place
where such business is proposed to be carried on, or in case
of a Junk Collector, who has no fixed place of business within
the city, then such application shall specify, by street and num-
ber, his residence. Such application shall be signed by the applicant
and shall contain the address of such applicant.
Section 6. Upon receipt of said application, provided for
in the preceding section, the Board of Trustees shall act thereon
and if it is voted to grant said license or permit, the City Clerk
shall be instructed, upon payment of the license fee in advance
in legal currency of the United States, to isssue to such person,
firm or corporation, a license or permit to conduct and carry on
the business of Junk Dealer or Junk Collector within the City
of Huntington Beach for the class of business and the period
represented by the license fee so paid, provided however, that
no license shall be issued for a period of less than one year.
Section 7. In the event that any person, firm or corporation
holding a license or permit to conduct or carry on the business
of Junk Dealer or Junk Collector, shall violate, or cause or permit
to be violated any of the provisions of this Ordinance, or any
of the provisions of any other Ordinance, or of any law relating
to or regulating such business or shall conduct or carry on such
business in an unlawful manner or shall permit or cause such
business to be so conducted or carried on, the Board of Trustees
may, in addition to the other penalties provided in this Ordinance,
revoke the permit or license granted hereunder to conduct such
business and all fees paid for such license, shall be forfeited to
the city, provided, however, no permit shall be revoked until the
person, firm or corporation holding the same shall have been
notified and a hearing granted thereon.
If the permit of any person, firm or corporation to conduct
or carry on the business of Junk Dealer or Junk Collector, under
the provisions of this Ordinance shall be, for any sufficient rea-
son, revoked, no permit shall be granted to such person, firm
or corporation to conduct or carry on in said city,.such business
within six months from date of such revocation.
Section 8. No Junk Dealer or Junk Collector shall purchase
for cash or otherwise obtain from any minor under 16 years of
age any rags, sacks, bottles, rubber, papers, metal or other junk
without the consent of the parent or guardian of such minor
having first been obtained.
Section 9. Any person, firm or corporation who buys, sells,
receives, disposes of, conceals or knowingly has in his pos-
session any automobile tire or casing, motorcycle tire or casing,
automobile or motorcycle equipment, storage battery, parts, of
automobiles or automobile accessory, from which the identification
marks or serial number (if any such they have) has been'Ob-
ORDINANCE NO. 190 63
literated or removed, defaced or changed, covered or destroyed,
whether in whole or in part, for the purpose of depriving the
owner thereof of his property therein, shall be guilty of a mis-
demeanor.
Section 10. All Ordinance or parts of Ordinances in conflict
herewith are hereby repealed.
Section 11. 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 punishable
by a fine of not less than Ten Dollars ($10.00) nor more than
Three Hundred Dollars ($300.00), or by imprisonment in the
County Jail not to exceed ninety days, or by both such fine and
imprisonment.
Each person, firm or corporation shall be deemed guilty of
a separate offense for every day or fraction thereof during which
any violation of any provision of this Ordinance is committed,
continued or permitted by such person, firm or corporation, and
shall be punishable therefor as hereinbefore provided.
Enacted Feb. 22, 1918.
ORDINANCE NO. 212 65
ORDINANCE NO. 212
—O—
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO-
HIBITING THE PLACING AND MAINTAINING OF WAGONS,
TRUCKS OR VEHICLES IN WHICH ANY BUSINESS IS
CONDUCTED OR CARRIED ON, WITHIN FIRE DISTRICT
NUMBER 1, OF SAID CITY.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. That it is hereby declared to be unlawful for any
person, firm or corporation 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 represent-
ative, any wagon, truck, vehicle or other structure on wheels,
wherein there is conducted a lunch counter, chili wagon, restau-
rant or other place where meals, lunches, sandwiches, coffee or
other food stuffs 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 the City of Huntington Beach, Or-
ange County, California.
Section 2. Any person, firm or corporation, violating any pro-
vision of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be punished by a fine of not
exceeding Three Hundred Dollars ($300.00), or by imprisonment,
not exceeding thirty days (30) or both such fine and imprison-
ment. Each and every day during which any such business shall
be carried on within any such vehicle shall be deemed to be a
separate offense.
Enacted Feb. 28, 1921.
ORDINANCE NO. 216 67
ORDINANCE NO. 216
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
ESTABLISHING A POLICE DEPARTMENT THEREIN AND
DEFINING THE DUTIES AND AUTHORITY THEREOF.
--)_-
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 4. All subordinate police officers shall report to the
Chief of Police each day, as to events occuring while such officers
are on duty and all other information pertaining to general police
regulations in the City which shall come to their notice.
Section 5. The Chief of Police shall report to the Board of
Trustees or to the President thereof, in writing without delay any
derelection of duty or misbehavior of any Police Officer and shall
attend upon any and all investigations that may be held by the
Board of Trustees, touching the conduct of any Police Officer.
Section 6. All Police Officers shall at all times be subject to
the orders of the Chief of Police and shall be subject to call by the
Chief of Police at any time during the day or night.
Section 7. It shall be the duty of each and every member of
the Police Department of the City of Huntington Beach to enforce
impartially all the laws and statutes of the United States and of
the State of California and all of the Ordinances of the City of
Huntington Beach, within the limits of said City, and to perform
such other and further duties as by statute and ordinance now exist-
ing or hereafter enacted, may be imposed upon them in their capacity
as Peace Officers.
Section 8. Each and every member of the Police Depart-
ment is hereby authorized to make arrests and detain prisoners in
all cases where a peace officer is so authorized under the laws of
the State of California.
Section 9. Any person violating any of the foregoing Sections
of this Ordinance or who neglects or refuses to do and perform the
duties required by him is guilty of a misdemeanor and shall upon
conviction thereof, by a court of competent jurisdiction be punished
by a fine of not exceeding Three Hundred ($300.00) or by imprison-
ment for a term not exceeding three (3) months or both such fine
and imprisonment.
Enacted June 13, 1921.
ORDINANCE NO. 224 69
ORDINANCE NO. 224
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, PRO-
VIDING FOR THE LICENSING OF THE BUSINESS OF MAIN-
TAINING, CONDUCTING AND OPERATING OF OIL WELLS
AND DERRICKS WITHIN SAID CITY FOR THE PURPOSE
OF REVENUE AND REGULATION.
—8--
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
(Ed. Note: Sections 1-2-3 superceded by Ordinance 434.)
Section 1. It shall be unlawful for any person, persons, firm,
co-partnership, association, syndicate or corporation, either as prin-
cipal, officers, clerk, servant, agent, trustor, trustee, beneficiary,
employer or employee, either for themselves or any person, per-
scns, firm, co-partnership, association, syndicate or corporation or
otherwise to engage in, conduct or carry on the business of drilling
or exploring for, developing, producing any crude oil, petroleum,
naptha, hydro-carbon, gas or kindred substances within the City
of Huntington Beach, Orange County, California, without having
first procured a license from said City so to do, as provided in
this Ordinance and if any such person, persons, firm, co-partner-
ship, association, syndicate or corporation, either as principal, officer,
clerk, servant, agent, trustor, trustee, beneficiary, employer or em-
ployee, shall engage in, conduct or carry on the business of drilling
or exploring for, developing or producing any crude oil, petroleum,
naptha, hydro-carbon, gas or kindred substances, without having
first procured such license so to do, he or they shall be deemed
guilty of a misdemeanor and upon conviction thereof, shall be pun-
ished by a fine of not more than Three Hundred Dollars ($a300.00)
or by imprisonment for a term not exceeding three (3) months or
both such fine and imprisonment. Each and every day or fractional
part of a day that said business in this Orinance specified is con-
ducted or carried on without such a license, shall constitute a
violation of this Ordinance. The amount of such license shall be
deemed a debt to the City of Huntington Beach and such person,
persons, firm, co-partnership, association, syndicate or corporation
shall be liable to an action at law with the City of Huntington
Beach in any court of competent jurisdiction, for the amount of
the license for such business, with costs of suit.
Section 2. Any person, persons, association, firm, co-partner-
ship, syndicate or corporation who operate within said City of
Huntington Beach any oil derrick or structure for the purpose of
drilling a well for the discovery or production of, or for an attempt
to discover or produce any crude oil, petroleum, naptha, hydro-
carbon, gas or other kindred substances shall be deemed carrying
on the business mentioned in Section 1 of this Ordinance whether
or not the work is being operated continuously throughout the fiscal
year or any part thereof. The operation of each such derrick or
70 ORDINANCE,NO. 224
other structure so constructed for the purpose mentioned in this
Ordinance shall be deemed and construed to be a separate business.
(As amended by Ordinance No. 353.)
"Section 3. The rate of license for the business herein specified
shall be the sum of Twelve Dollars ($12.00) per annum payable
annually in advance for one fiscal year or unexpired fractional
fiscal year, which said license shall be for the period of one year
from July 1st of each year to June 30th of the following year;
provided that where license is issued for the unexpired part of
the fiscal year the amount of license required shall be proportioned
accordingly; provided, however, that the minimum license fee for
an unexpired annual term shall not be less than one-fourth of the
annual license fee, and provided further that this Ordinance shall
not be construed to prevent or bar the collection of any license
fee which has heretofore become due hereunder."
(As amended by Ordinance No. 384.)
Section 4. It shall be the duty of the City Clerk of said
City to prepare and issue a license under this Ordinance for the
person, persons, firm, co-partnership, association or corporation liable
to pay a license hereunder, duly signed by the City Clerk and to
state in such license: the date thereof; the period of time for which
the same shall run; the name of the applicant or licensee; for whom
issued; and the location or place of business where such business
is to be carried on for that purpose, the City Clerk shall require
any such person, persons, firm, co-partnership, association, syndicate
or corporation to file an application signed by the licensee or some-
one on its behalf, showing:
1. The name of the person, persons, firm, co-partnership, as-
sociation or corporation on whose behalf the application is made.
2. The name of the builder (if said oil derrick or other structure
is to be erected by contract). 3. The name of the contractor (if
said well is to be drilled by contract). 4. A description of the
property whereon said oil derrick or other structure is to be erected,
giving the exact location thereof on the property. 5. The principal
place of business of the applicant or licensee and whether or not it
is a person, persons, firm, co-partnership, association, syndicate or
corporation, and if a co-partnership, the names of the partners;
if an association or syndicate, the names of the trustees or manager
or general superintendent thereof; and if a corporation, the names
of the principal officers thereof, which said application shall be
verified by the applicant or some person in his or its behalf. The
City Clerk is authorized to administer the oath of verification on
such applications.
In no case shall any mistake by the said City Clerk in stating
the amount or terms of such license, or the time for which the
same is to run, prevent or prejudice the collection by the City
of what shall be actually due with all costs from any person, per-
sons, firm, co-partnership, syndicate or corporation liable therefor,
ORDINANCE NO. 224 71
Said City Clerk shall deliver such license to the City Marshal
or the City License Collector of said City for collection, taking
his receipt therefor, and the said City Marshal or said City License
Collector shall proceed to collect the same, and shall on or before
the first Monday of each month, deliver to the said City Clerk a
complete list of all licenses collected by him during the previous
month, and he shall pay over to the City Treasurer of said City,
the amount of all licenses collected by him for the previous month,
and he shall take a receipt of the City Treasurer for same, which
he shall file with the City Clerk and shall report the amount thereof,
together with the amount of the delinquencies, to the said Board
of Trustees at its first regular meeting in each month.
No license for any such business carried on by any person
delinquent for the payment of any license fee hereunder, shall be
issued to such person, persons, firm, co-partnership, syndicate or
corporation, directly or indirectly, until the payment of all license
fees due as specified in this Ordinance from such person, persons,
co-partnership, firm, syndicate or corporatoin, together with all
costs thereon.
The Board of Trustees may require the City Attorney of said
City to bring action for the recovery of said license fees as in this
Ordinance provided.
Nothing in this section contained, however, shall prevent a
criminal prosecution as provided in Section 1 of this Ordinance.
All licenses shall be paid in advance in legal currency of the
Q United States, at the office of the City Marshal or City License
Collector.
Every licensee under the provisions of this Ordinance shall keep
such license posted and exhibited while the same is in force, in
some conspicuous place in said place of business.
The City Marshal or City License Collector or any Deputy
thereof or any member of the Police Department of said City, shall
have the power:
First: To enter free of charge at any time, any place of
business for which a license is required and provided and to de-
mand the exhibition of such license for the current term from
any person, persons, firm, co-partnership, syndicate or corporation,
engaged in or employed in the transaction of such business. If
such person, persons, firm, association, co-partnership, syndicate
or corporation shall then and there fail to exhibit such license,
he or they shall be liable to the penalty as provided in Section 1
of this Ordinance.
It is hereby made the duty of the City Marshal and City Li-
cense Collector, and any Deputy thereof, to cause complaints to
72 ORDINANCE NO. 224
be filed against all person, persons, firm, co-partnership, association,
syndicate and corporation violating any of the provisions of this
Ordinance.
Section 5. The conviction of any person, persons, firm, associa-
tion, co-partnership, syndicate or corporation for transacting any
business without a license shall not excuse or exempt such a person
from the payment of any such license due or unpaid at the time
of such conviction for any violation of the provisions of this
Ordinance.
Section 6. Nothing in this Ordinance shall be construed as
imposing a license or tax or otherwise regulating or restricting for-
eign or interstate commerce, and any business thereof which is
embraced in the term "Interstate Commerce" or in the term "For-
eign Commerce" is not made subject to the license imposed by this
Ordinance.
Section 7. All licenses issued under this Ordinance, or any
section thereof, are granted and accepted by all parties receiving
licenses with the express understanding that the Board of Trustees
of said City may revoke the same at any time, by amending this
Ordinance or any portion thereof, or if satisfied that any condition
of the license or terms of this Ordinance have been violated, or
that the license was obtained by fraudulent representation, or that
the holder of any such license is an unfit person to be trusted with
the privileges granted by such licenses; provided, however, that
no license shall be revoked without first giving the holder thereof
an opportunity to appear before the Board of Trustees in his own
behalf by notification in writing to the holder of such license to
appear, giving and fixing the time and place of such hearing. Upon
the revocation of the license, no part of the money in the hands
of the City shall be returned and all such license fees shall be for-
feited to the City. When the license of any such person is revoked,
in no case shall another license be granted to the same person within
six months of the date of such revocation.
Section 8. That Ordinance No. 210 of said City, together with
all other ordinances and parts of ordinances, insofar as the same
are in conflict herewith or provide any other rate of license than
that herein provided, be, and the same are hereby repealed, pro-
vided, however, that said repeal shall not effect the provisions of
said Ordinance No. 210 insofar as they apply to the licensing of
any business, trade, calling or occupation not in this Ordinance
specifically mentioned and provided further that said repeal shall
not prevent or be a bar to the collection of any license first due
under said Ordinance or the prosecution or punishment of any
person who may have violated any of the said repealed Ordinance,
but for the purpose of such collection, prosecution and punishment,
the said Ordinance shall remain in full force and issue, and pro-
vided further, that the licensee under any license heretofore legally
issued upon any business herein provided to be licensed, shall be
given credit for the proportion of the license fee heretofore paid
by him, which the unexpired portion of the term provided in said
ORDINANCE NO. 224 73
license bears to the total term thereof, but nothing herein contained
shall be deemed to excuse any person, persons, firm, copartner-
ship, association, syndicate or corporation liable to pay a license
hereunder, from paying the same at the rate herein provided upon
surrender of said license.
Enacted Sept. 12, 1921.
ORDINANCE NO. 227 75
ORDINANCE NO. 227
AN ORDINANCE REGULATING THE METHOD OF CONSTRUCT-
ING PLUMBING, WORK, HOUSE DRAINAGE AND GAS
FITTING. PROVIDING FOR THE INSPECTION THEREOF,
AND THE ISSUANCE OF PERMITS THEREFOR, IN THE
CITY OF HUNTINGTON BEACH, CALIFORNIA.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. The Board of Trustees shall appoint a Plumbing In-
spector for the City of Huntington Beach, who shall hold his office
during the pleasure of said Board.
Section 2. It shall be the duty of said Plumbing Inspector to
furnish to each and every person, firm, company or corporation,
contemplating the construction of any plumbing or house drainage
within the limits of said City, a permit for such work, upon the
terms and conditions hereinafter set forth; it shall also be his duty
to inspect such work, in the manner hereinafter provided.
Section 3. Any and every person, firm, company or corporation
carrying on the business of plumbing, constructing or assuming
control of any plumbing or house drainage affecting the sanitary
condition of any house or building situated within the limits of the
City of Huntington Beach, shall first obtain a license therefor from
the City Clerk of said City, and shall pay therefor the sum of One
Dollar ($1.00) per month, payable annually in advance, and no
such person, firm, company or corporation shall engage in the busi-
ness or work of plumbing in said City without procuring such li-
cense from said City Clerk.
Section 4. Every master plumber, before he is granted a license
shall give a bond to the City of Huntington Beach in the sum of
Five Hundred Dollars ($500.00) with two good an sufficient sureties
or some bonding company, approved by the Board of Trustees,
for the faithful discharge of his duties as master plumber, to secure
any person ordering work done by him a.gainst damage, by reason
of faulty workmanship, which sureties shall qualify that they are
worth said sum in property over and above all liabilities and ex-
emptions; which said bond shall be approved by the Board of Trus-
tees of said City and shall be filed with the City Clerk thereof. At
the expiration of his yearly license every person carrying on a
business of plumbing, within thirty (30) days, shall again register
and file a new bond as aforesaid.
Section 5. Before commencing any work of plumbing or house
drainage, the pe%rson, ,firm, company or corporation doing the same
shall apply to the Plumbing Inspector for a permit to do said work.
Section 6. In cases where building permit is necessary, the
plumbing permit will not be issued until after the building permit
76 ORDINANCE NO. 227
has been issued. For said plumbing permit the inspector shall
charge and collect at the following rate, to-wit:
1 to 4 fixtures ........................................$1.00
4 to 6 fixtures ---------------------------------------- 1.50
6 to 10 fixtures .......................................... 2.00
Additional over 10 fixtures ---------------------------------------- -10 each
Section 7. All work done shall be subject to inspection both
in a rough and finished state, and as soon as said work is ready
for such inspection, the contractor or other person doing the same,
shall notify the Plumbing Inspector thereof, and within forty-eight
hours after such notification, the Plumbing Inspector shall inspect
the same, and when said work is completed to his satisfaction, he
shall grant to said contractor or other person a Certificate of Ac-
ceptance; no plans shall be changed without the written permission
of said Inspector, and no other permit shall be issued by him to
any contractor or other person due from him as hereinafter in
this section provided. All work shall be left uncovered and con-
venient for examination until the same is inspected by the Plumbing
Inspector and he must apply the water test; and all the necessary
tools, labor and assistance for such tests shall be furnished by the
contractor or other person doing the work or assuming control
thereof, and such persons shall remove or repair any defective
material or work when so ordered by the Plumbing Inspector. All
soil-pipe, drain-pipe, trap, water-closet, urinal, sink or other fix-
ture set up, or fitting or fittings laid, used or constructed other-
wise, than in accordance with the provisions of this Ordinance,
or which, in the opinion of the Plumbing Inspector shall be or be-
come of bad or defective quality, upon notice, either verbal or in
writing from him, shall be removed or repaired in the manner di-
rected, and within the time fixed by the Plumbing Inspector and
in case of any difference of opinion in regard to the efficacy or
efficiency of said work or material that may arise between the
person doing said work and the Plumbing Inspector, the decision
of the latter shall be final. No charge shall be made by the Plumb-
ing Inspector for the first inspection of rough work, or for the first
inspection of finished work; but should extra visits for inspection
become necessary then the Plumbing Inspector shall charge the
sum of One Dollar ($1.00) for every such extra visit.
Section 8. It shall be unlawful for any firm, corporation, or
person, either as owner, agent or lessor to rent, lease occupy or
make use of any house, building, tent or other structure in the
City of Huntington Beach where plumbing work has been con-
structed unless the owner, agent or lessee of said house or building
shall have first procured from the Plumbing Inspector the final
Certificate of Acceptance hereinafter mentioned.
Section 8%. It shall be unlawful for any person, either as
owner, agent or lessor to rent, lease, occupy or make use of any
house or building hereinafter constructed in the City of Huntington
Beach when running water is available to such building or house
unless said building or house is piped with running water and
ORDINANCE NO. 227 77
equipped with at least one sink, and one water closet within each
portion or apartment of said building or house which is under the
control of a separate person or is occupied by a separate family.
Each sink and water closet installed in any house shall be provided
with sanitary drainage as provided in this Ordinance. Provided,
however, that this section shall not apply to "camp grounds" as
defined by the Building Ordinance of said City.
Section 9. Any plumbing work or house drainage affecting the
sanitary condition of any house or building in the City of Hunting-
ton Beach, which may be or become of bad or defective quality
or condition, or which is not constructed according to the provisions
of this Ordinance shall be removed or repaired immediately after
notice so to do is given by the Plumbing Inspector. Said officer
is hereby given the power to condemn any such work, and such
work shall be deemed condemned within the meaning of this Ordi-
nance upon notice, given by such officer in writing or verbal to
the owner or tenant or occupant of the property to remove or repair
such work as may be necessary. It shall be unlawful for any per-
son to use or occupy or inhabit any house or building in which
any such condemned plumbing exists until the same has been re-
moved or repaired according to the requirements of this Ordinance
and a Certificate of Acceptance issued as provided in this Ordinance.
Section 10. Every house or building for which any house drain-
age or plumbing attachments are constructed, shall be connected
with the city sewer, when such sewer is provided on
the street or alley upon which the property abuts, or when such
house or building is within two hundred feet of said city sewer,
whether such sewer is situated on a street, alley or on private prop-
erty; but in case such sewer is not situated on a street or alley
upon which the property abuts and such house or building be not
within 200 feet of such sewer, such house or building shall be con-
nected with a cesspool not less than 3 feet by 4 feet in dimension
and down to good seepage gravel; such cesspool shall be situated
not less than 5 feet from any property line, and no less than 10
feet from any dwelling house or residence; provided, however that
if there is a building on the rear of a lot on the front of which
there is another building, the same cesspool connections may be
made with both buildings. Curbing cesspools not over three by
four feet may be built of one inch redwood material with corner
posts of three by four inch redwood; cesspools over that size shall
be of 2 inch redwood with studding at least every four feet, which
studding and corner posts shall be of three by four inch redwood
or brick. Wood tops shall be 4 inch thickness and extend 6 inch
beyond curbing. Brick cesspools shall have a strong brick arch
top. All tops of cesspools shall be not less than 18 inches below
the surface of the ground. Storm water shall not be connected
with sewer or cesspool.
DRAIN PIPE.
Section 11. The drain from the soil-pipe to the public sewer
or cesspool 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
78 ORDINANCE NO. 227
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 90
degrees. All drains situated outside of any house or other building
connected with the sewer or cesspools shall be of vitrified salt-
glazed sewer pipe of the best quality and of not less than 4 inches
in internal diameter; all joints therein shall be neatly made with
Portland Cement composed of one part of said cement and two-
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 of course in drain pipe must
be made with orie-eighth bends or "Y" and one-eighth bend;
"T's" allowed in drain work. All sewer laterals extending to the
public sewer shall be laid at a depth of not less than four feet at
the property line.
RULES FOR LAYING DRAIN PIPE:
No sewer shall be opened except in the presence of the Plumb-
ing Inspector, and care must be taken than 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 properly line to be flushed
when filled.
Two or more houses or other buildings cannot be jointly con-
nected with the sewer in any street or alley except one be in the
rear of the other. When two or more buildings or structures are
connected with the house drain or sewer, the drain pipe system in
each and every building or structure shall conform to the rules
and regulations prescribed by this Ordinance.
Section 12. The established average weights for cast iron soil-
pipe are as follows, viz, per length of five feet:
Standard Medium Extra Heavy
2-in. 17% lbs. 20 lbs. 271/4 lbs.
3-in. 221/4 lbs. 30 lbs. 47% lbs.
4-in. 321/2 lbs. 45 lbs. 65 lbs.
5-in. 42 lbs. 60 lbs. 85 lbs.
6-in., 52 lbs. 75 lbs. 100 lbs.
7-in. 75 lbs. 100 lbs. 135 lbs.
8-in. 85 lbs. 125 lbs. 170 lbs.
10-in. 115 lbs. 175 lbs. 225 lbs.
12-in. 165 lbs. 225 lbs. 270 lbs.
15-in. 225 lbs. 400 lbs.
All soil pipes from one foot outside the walls of any house or
building shall be of cast-iron, of standard thickness, and of the size
hereinafter provided for in this Ordinance to drain such fixture.
The vent pipes shall be extended up to and following the angle of
the roof line on under side of same, and shall not be be brought
to the outer air until the highest point in roof has been reached.
A distance of twenty-four (24) inches measured from the top edge 1
of ridge to the lower side of vent pipe on the angle of the roof
therefor will be deemed to be sufficient, proved, however, in case
ORDINANCE NO. 227 79
of a flat roof such vent piping need not be extended to the highest
point of such roof, provided no vent pipe in such flat roof, shall
terminate within ten (10) feet of any other building, and the terminal
of all vent piping on any building or structure shall not be within
ten (10) feet on any window, air intake or other opening in any
such building or structure. Horizontal vent piping above the fixture
level shall not exceed twenty (20) feet in length.
A roof will be considered flat whose pitch or inclination is
three (3) inches or less per foot. All roofs with a greater pitch
than three (3) inches shall be deemed a pitch roof, and all vent
piping shall be carried to the highest point as herein provided, and
the minimum height of any vent from the ground shall be fifteen
(15) feet.
Waste pipe in all cases shall be of lead, wrought iron, or gal-
vanized.;steel,.._brass. or- cast.iron and of the following sizes: For
each bath tub, laundry tray or set of trays, or wash basin not less
than one and one-half inches internal diameter; for each water-
closet not less than four inches internal diameter; for each slop
sink or slop hopper where the outlet is two inches or smaller, not
less than two inches in diameter and if outlet is larger than two
inches, the waste pipe shall not be smaller than three inches in-
ternal diameter. For each urinal, not less than two inches internal
diameter. Trap to fixture and its extension to wall excepted. For
every sink used for kitchen purposes or otherwise, the minimum
diameter of waste for kitchen purposes or otherwise, the minimum
diameter or waste piping to such fixture shall be two inches internal
diameter. Trap to fixture and extension to wall excepted.
All horizontal soil or waste pipes shall be of cast iron, coated
inside and out with tar, or of lead. All waste pipes other than
horizontal may be galvanized wrought iron or galvanized steel
pipe known as the "Durham System", and when the said "Durham
System" is used the pipe shall be reamed to full size and screwed
tight again the shoulder of fitting; the joints of all soil-pipes ex-
cept those put in by the "Durham System" shall be made of oakum
and pig lead, thoroughly caulked. Connections between wrought
or steel pipes and cast iron fittings when the internal diameter of
the fittings are larger than the external diameter of the pipe to
be connected thereto, (either in waste, or vent pipe connections)
shall be made by a coupling increaser screwed .on the wrought
iron or steel pipe before being caulked into the hub of the cast
iron connection, so as to prevent obstructions in waste or vent
pipe. The same shall apply between iron pipe connections to
vitrified pipe.
Every vertical stack or soil or waste pipe shall be provided
with a brass trap screw ferrule at the foot or lower terminal there-
of and with a clean-out or a trap screw ferrule at the end of each
horizontal pipe line and each latteral branch, except that such
clean-outs or trap screw ferrules may be omitted in concealed
work. All such clean-outs or trap screw ferrules installed in or
under cement floors in any basement or cellar, or the first floor
80 ORDINANCE NO...227
of-any buildings shall be brought up where it is..accessible at the ;
finished-floor:
Every clean-out or trap screw.ferrule,required by this.Ordinance
shall -be,installed. in such manner as to,be readily accessible.Any,such
clear,-out:or trap screw ferrule.shall have .a clearance of,eighteen
(-18) inches from any,.pier, foundation, wall, partition, grider,...or any
other structural part of the building which would tend to obstruct
the accessibility of the same'. Trap "screw ferrules shall be of the
same diameter as waste-'or lateral run. Every change-or direction
of-any soil or waste pipe shall-be made with a full "Y" branch and
bend. No "T'-';or Sanitary :"T".branch shall.be used- except in
a'-perpendicular stack.
The drain pipe from any refrigerator, ice box or other space
where `provisioris'are stored, .shall'not be directly; connected with
any soil-pipe or sewer; nor.-with any drain or waste line serving,
or'emptying into a line which serves, fixtures:of any. other nature,
except drinking fountains, but may terminate with an•open pipe
emptying into an open.:and water supplied sink. Water-closet com-
partments shall open into; the open air or shall be ventilated by
means of a window, air-shaft.or duct. -
(As amended by Ordinance No. 278.)
All plumbing installed in old buildings to conform as nearly
as possible with this Ordinance.
TRAPS
Section 13. Every water-closet, sink, slop hopper, bathtub, and
every tray and set of.wash trays or other vessels connected with
any drain pipes shall be separately and effectively trapped. All
traps shall be placed as near the fixture as possible and in no case
farther than two feet from said fixture, and set true to its seal.
Size of traps: Water closets not less than four inches.
Slop hoppers not less than two inches. Wash-basins not less
than one inch and a half. Bath tubs, wash trays, sinks, urinals,
and other fixtures not less than one and one-half inches. Where
trap on bath tub is between floor and ceiling, it must not drop
lower than within one inch of the lathing.
All sinks in laundries or in kitchens of hotels or boarding
houses accommodating more than twenty persons shall be provided
with suitable and approved grease-trap, of a capacity of not less
than five gallons, net. All large grease-traps shall be situated
outside the walls of the house or other building to which they are
attached where a free circulation of air can be obtained.
Every carriage wash or area drain, shall be trapped by a sand
trap of not less than 12xl2xl2 inches, constructed of brick and
cement or vitrified stone pipe with cement bottom. The water seal
of this trap shall be constructed by inverting its waste line. A
water seal of less than four inches is prohibited and the minimum
size of waste pipe shall be three inches. Such trap need not be
ORDINANCE NO. 227 81
vented. Any fixture in a building (Water closets excepted), where
it is impracticable on account of any structural features to conform
to all provisions of this Ordinance, may be trapped with drum trap
without reventing such trap.
VENTS
Section 14. Every building in which a water closet is installed
and the waste pipe from such fixture is connected to the sewer
or cesspool, the minimum diameter of the vent pipe from such fix-
ture is installed, other than a water closet, and there is not a four
inch vent pipe through the roof of such building, the minimum size
vent pipe from such fixture through the roof shall be the same
diameter as the waste piping installed for such fixture.
All vent pipes and fittings shall be either cast iron, asphaltum
dipped, or galvanized wought iron or galvanized steel. All vents
and extensions above the highest fixtures if cast iron, may be
standard pipe.
All traps and fixtures shall be separately and effectively vented,
with an air pipe or diameter not less than that of such trap; except
in case of a trap larger than two inches in diameter in which the
air pipe shall not be less than two inches in diameter. Provided,
that a single pipe may be used to vent two traps through the same
fitting, when such fitting has effective means to prevent the drain-
age from one trap entering the other trap and is made in one piece
of metal without loose or attached parts, and all vent pipes within
a radius of twelve feet may converge into one pipe the size of which
shall be governed by the provisions of this section. No vent shall
terminate within ten feet of any window air-shaft or opening of
any house, and the same shall be farther removed by the inspector
if he deems it necessary, or all vents may be connected into the
main stack not less than six feet above the highest fixture in the
system.
All vents shall be of the same size as the traps, provided, that
if more than one fixture shall be vented, the size of such pipe
shall be as follows: For more than one and not exceeding more
than two fixtures, one and one-half inches in internal diameter;
for more than two and not exceeding six fixtures, two inches in
internal diameter; for more than six and not exceeding eight fix-
tures, three inches in internal diameter; for more than eight and
not exceeding twelve fixtures, four inches in internal diameter.
All vent pipe from water-closets shall not be less than two
inches in internal diameter, and where more than one closet is
vented through the same pipe, the internal diameter of the same
shall be as follows:
For more than one and not exceeding four closets, two inches;
for more than four and not exceeding eight closets, two and one-
half inches; for more than eight and not exceeding fourteen, three
inches, more than fourteen and not exceeding twenty, four inches.
All vents extending in a horizontal direction shall have a fall
82 ORDINANCE NO. 227
of not less than one-quarter of an inch to the foot. /
All vents shall rise perpendicularly to a point six inches above
the fixture to prevent back water from entering therein.
In order to prevent waste water from entering vent pipes, every
branch or branch fitting for a vent pipe or special air-pipe shall
form an angle of not less than 45 degrees with that portion of the
waste pipe with which it is connected, lying in the direction from
which the waste water flows in such waste pipe, and that if such
waste pipe is not vertical, be placed on the upper side thereof.
(As amended by Ordinance No. 278.)
LEAD PIPE CONNECTIONS
Section 15. Every connection between lead piping shall be
made by a wiped joint. Every connection between soil-pipe and
lead or between wrought iron pipe and lead shall be made with
brass ferrules or brass solder nipples and its joining shall be wiped.
Bolted or copperbit, cup or flush solder joint are prohibited in all
cases.
Section 16. No water-closets shall be put into any house or
building except those flushed by a tank containing not less than
four gallons of water. Plunger closets or front washouts shall not
be used, provided, however, that Flusho-Meter-Valve System may
be used. Philadelphia hoppers or any other direct supply closets are
prohibited in all cases.
Section 17. Before any fixtures are placed in connection with
the plumbing of any house or other building or any part of the
drainage system herein is covered or concealed from view, the out-
let of the soil-pipe and all openings into it below the top thereof,
shall be sealed; the pipe shall then be filled with water to the high-
est point in the system. Defective pipes and fittings of all kinds
shall be removed and replaced by sound material; cement work
of whatsoever description is prohibited and every part of said work
shall conform with the provisions herein made and shall be subject
to the approval of the Plumbing Inspector.
GAS WATER HEATERS
Section 18. Every gas water heater hereinafter installed for
use, for the purpose of heating water in any enclosed building in
the City of Huntington Beach, California, shall be provided with
a vent pipe not less than 3 inches in diameter and not less than
the smoke or fume outlet from said heater and extending through
and undiminishing in size and at least 12 inches above the roof
of the building where the same is installed and shall have a storm-
proof cap on the top of said pipe. There shall be a double galvanized
pipe extending from point of entering room to outside of roof, covered
with asbestos paper whenever within three inches of wood with a
clear air space between, of not less than 'A4 inch, provided, how-
ever, that any gas water heater fixture may be vented into any
brick, stone or composition chimney or flue, which shall have a
0
ORDINANCE NO. 227 83
capacity, an outlet in excess of the outlet provided for on the gas
water heater.
0
In every bath room or closet where any such heater is in-
stalled, there shall be provided an air inlet and air outlet inde-
pendent of door or windows. The air inlet shall be located in or
near the floor and the air outlet through the ceiling or in the wall
contiguous thereto. The minimum area of such air inlets and air
outlets shall be thirty-six (36) square inches.
That from and after the date this Ordinance becomes effective
it shall be unlawful for any person, firm or corporation to erect
or install, or cause or permit to be erected or installed, any gas
water heater in any bed room or bath room of any building or other
structure, erected, constructed or maintained in the City of Hunt-
ington Beach.
GAS PIPING PERMITS REQUIRED
. Section 19. It shall be unlawful for any person, firm or cor-
poration to commence or to do or cause to be done, or to construct
or cause to be constructed, or to use or cause to be used, except
for service pipes, meter and meter connections, any gas pipe or
gas fitting or to make any alterations or changes or additions to
any gas pipe or any gas fitting in any building or structure or any
portion thereof in the City of Huntington Beach, without first ob-
taining a permit from the Plumbing Inspector so to do.
I
Any person, firm or corporation desiring a permit for any of
the purposes enumerated in this section, or a permit for the inspec-
tion of testing of any gas pipe already installed in any building
or other structure in said City, shall make application in writing
to the Plumbing Inspector, giving such information as said Board
may require on blanks to be furnished for that purpose, and it
appears therefrom that the work to be performed thereunder is
to be done according to the regulations contained in this Ordinance
governing the construction, inspection and testing of such work, a
permit shall be issued upon payment of the fees as fixed by Sec-
tion 6 hereof.
INSPECTION OF GAS PIPING
Section 20. All gas fitting work done under permit shall be
subject to the inspection and tests hereinafter prescribed,and notice
shall be given to the Plumbing Inspector by the person, firm or
corporation doing such work or causing the same to be done, im-
mediately after said work is ready for inspection. Such notice must
be in writing, and no inspection shall be made by the Plumbing
Inspector until such notice has been filed in his office with said
permit number attached.
The inspections of gas fitting work done under permit shall
be two, viz: A first inspection and a final inspection; except on
unconcealed work, such as stove run or fuel run of pipe, then same
40 shall be made at one inspection, first and final. The first inspec-
tion shall be made after all the piping authorized to be installed
84 ORDINANCE NO. 227
under the permit shall have been installed, and before any of such
piping has been covered or concealed or any fixtures have been /
attached thereto. The final inspection shall be made after the piping o
authorized to be installed under the permit is in place and has
been covered or concealed. This inspection shall include the ap-
plication of an air pressure test, by which the pipes shall be sub-
jected to a pressure of ten pounds to the square inch. Up to the
time of the first inspection all work must be uncovered and con-
venient for examination. All inspections shall be made by the
Plumbing Inspector within forty-eight hours after receipt of the
notice hereinbefore mentioned. All the necessary tools, labor and
assistance for the requisite tests in such inspection shall be furnished
by the person, firm or corporation having control of the work to be
inspected.
CERTIFICATE OF INSPECTION
Section 21. When upon examination by the Plumbingv Inspector
it appears that any gas fitting work is defective, either in con-
struction or material, the same shall be altered or repaired to con-
form to the regulations set forth in this Ordinance.
When any gas piping or gas fitting for the installation or
alteration of which a permit has been issued shall be found on
inspection to conform to the rules and regulations provided by this
Ordinance, the Plumbing Inspector shall issue a Certificate of in-
spection certifying that such piping or fittings have been inspected
and found to comply with the terms of this Ordinance, but no such
Certificate shall be granted until such piping or fittings respectively,
are found to conform to said rules and regulations. It shall be
unlawful for any person, firm or corporation to use any gas through
or by means of any piping or fitting in any building, or to furnish
or supply gas to be used through or by means of such pipes or
fittings until the same shall have been inspected and approved by
the Plumbing Inspector and the Certificate hereinbefore provided
shall have been issued therefor.
GAS PIPING CONSTRUCTION AND REQUIREMENTS
Section 22. The following rules and regulations shall be deemed
to be standard for the construction and installation of gas piping
and gas fitting work.
The minimum diameter of gas piping installed in any building,
the number of lineal feet and the maximum numbers of burners
allowed, shall be in conformity with the following table:
Size of Pipe Length Allowed No. of Burners
N8 inch (vertical only) 15 feet 2
inch 40 feet 8
3/4 inch 80 feet 25
1 inch 100 feet 45
11/4 inch 150 feet 80
11/2 inch 250 feet 250
2 inch 400 feet 500
21/2 inch 600 feet 900
In estimating the number of burners allowed for gas piping.
ORDINANCE NO. 227 85
each outlet through the ceiling of stores, parlors, dining rooms,
offices, public halls and rooms used for similar purposes, where it
is intended that these outlets are to supply gas for illuminating
purposes only, shall be deemed to be three (3) burners.
For each outlet in the ceilings of bed rooms, bath rooms, toilet
rooms, public halls, pantries, porches, or bracket lights, where it
is intended that these outlets are to supply gas for illuminating
purposes only, allow one (1) burner.
To determine the number of burners for heating purposes allow
three (3) burners for each gas grate, gas log or gas heating stove
or appliance, combination boiler and water heater or non-automatic
gas water heater outlet; ten (10) burners for each outlet for a
cook stove or so called hot-plate.
To determine the number of burners for automatic or auto-
matic thermal gas water heater, allow
8 Burners for each 1/z inch Outlet.
25 Burners for each 3/4 inch Outlet.
45 Burners for each 1 inch Outlet.
80 Burners for each 11/4 inch Outlet.
250 Burners for each 11/2 inch Outlet.
500 Burners for each 2 inch Outlet.
The diameter of the supply pipe to every such automatic or
automatic thermal gas water heater, shall not be reduced in size
from the meter to the inlet for the heater.
No such heater shall be connected to any gas pipe outlet smaller
in diameter than the diameter of the inlet pipe on the heater.
All horizontal pipe shall be at least one-half (1/2) inch in dia-
meter, except that in exposed work, three-eights (3/8) inch horizontal
pipe for a single light may be run a distance not exceeding twenty
(20) feet.
In concealed work, where practical, all center outlets or drops
shall be bent in preference to drop pipes, with straps soldered there-
to. No center light or drop shall be of a smaller diameter than
one-half (1/2) inch. Bracket, fire-place and stove outlets shall be
bent and have an offset or be provided with bracket elbows to
prevent removal.
Gas grate and fire place outlets must be at least two (2) inches
clear of the finish and bottom of fire basket. No pipe smaller
than three-quarter (3/4) inch shall be run for cooking stoves, hot
plates and instantaneous heaters. Drop pipes for center and bracket
outlets shall not project through the finish of ceiling, wall or parti-
tion lines, more than one (1) inch.
All gas pipes shall be well secured to the building and shall
grade or incline toward the meter, and wherever necessary, shall
be provided with drip pipes so as to prevent any traps or depres-
sions where condensation would remain. Wherever drip pipes
86 ORDINANCE NO. 227
are used, the end of such drip pipe must be exposed and so ar-
ranged to be easy of access. Gas piping shall not be filled with
water for the detection of leaks, nor shall gas-fitters, cement, seal-
ing wax or any similar composition be used for the stopping of
leaks. No union joints shall be used.
All gas piping must be tested under an air pressure of at least
five (5) pounds to the square inch. Gas fixtures shall not be hung
or attached to the gas piping until this test has been made.
The end of every rise must be located at a point designated
by the Plumbing Inspector, but in no event shall be terminated
tinder any stairway of any building.
Every gas heater hereafter installed, which is used or intended
to be used for heating of water, shall be connected to its gas supply
with iron pipe and shall be connected to a vent pipe leading to
and through the roof of the building and conform to the other
regulations elsewhere provided by this Ordinance.
DEFECTIVE GAS PIPING--NOTICE REGARDING
Section 23. If the Plumbing Inspector shall find any part
of any gas pipe or gas fittings in or about any building in the City
of Huntington Beach, to be in a condition dangerous to life or
property, he shall notify the owner, tenant or occupant of the build-
ing in which such gas pipe or gas fittings are located to have the
defects repaired immediately, and to refrain from using gas by )
means of said defective pipe or fittings until the same have been
repaired and rendered safe. The Plumbing Inspector shall have the
right and power to cause the supply of gas to be shut off until the
necessary repairs have been made. The Plumbing Inspector shall
give written notice to the person, firm or corporation supplying gas
to any such defective pipes or fittings, to cease the supply until
the necessary repairs have been made and it shall be unlawful for
any person, firm or corporation to furnish gas for use in or by means
of any defective gas pipe or fitting after receiving such notice until
the necessary repairs have been made. Before making any con-
nection to supply gas to any building that has not already been
supplied with gas prior to the taking of effect of this Ordinance,
the person, firm or corporation about to furnish gas thereto, shall
ascertain whether a Certificate of Inspection has been issued for the
gas fitting or gas piping to be supplied, and for that purpose may
demand the production and exhibit of such certificate by the owner,
tPn&nt or occupant of the building in which such gas piping or gas
fitting is located before supplying gas therefor.
GENERAL PENALTY
Section 24. Any person, firm, company or corporation that
shall neglect qr refuse to comply with the provisions of this Ordi-
nance or any part thereof shall be guilty of a misdemeanor and
upon conviction thereof shall be fined not less than Five Dollars
($5.00) nor more than One Hundred Dollars ($100.00); and unless
said fine be paid shall be imprisoned in the City Jail at the rate
of one day for every Two Dollars ($2.00) of said fine until the same
ORDINANCE NO. 227 87
be fully satisfied and discharged. And every day during which any
work or plumbing or drainage is continued in violation of the pro-
visions of this Ordinance, or any part thereof, shall be considered
as constituting a new offense and may be punishable as in this sec-
tion provided.
Repeated violations of the provisions of this Ordinance of any
part thereof by any person, firm, company or corporation doing
plumbing or drainage business in said city shall constitute sufficient
grounds for a refusal of the Board of Trustees thereof to permit
such offender to continue such business therein.
Section 25. All Ordinances and parts of Ordinance in con-
sistant with the provisions of this Ordinance insofar as the same
are inconsistant herewith are to that extent hereby repealed.
Section 26. This Ordinance shall be known as the "Plumbing
Ordinance."
Section 27. If any section,sub-section,sentence,clause,or phrase
of this Ordinance is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portion of
this Ordinance. The Board of Trustees of said City hereby declares
that it would have passed this Ordinance and each section, sub-
section, clause, sentence or phrase thereof irrespective of the fact
that any one or more of the sections, subsections, sentences, clauses
or phrases be declared unconstitutional.
Enacted Nov. 28, 1921.
ORDINANCE NO. 228 89
ORDINANCE NO. 228
-4--
AN ORDINANCE PROVIDING FOR THE INSPECTION AND CON-
STRUCTION OF ELECTRIC APPLIANCES IN BUILDINGS IN
THE CITY OF HUNTINGTON BEACH, AND THE APPOINT-
MENT OF A CITY ELECTRICIAN AND FIXING HIS COM-
PENSATION.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. The Board of Trustees of the City of Huntington
Beach shall appoint an Electrician for said city, who shall hold his
office during the pleasure of said Board.
Section 2. The City Electrician shall have the management
and control of the City Fire Alarm System and all other electric
appliances owned by the said City, or in which the said City has
any interest.
The said City Electrician shall receive as compensation for his
services to the said City such sum as from time to time may be
fixed by the City Council.
The City Electrician shall charge and collect for electric permits
the following fees:
For issuing electric permit $1.00. For inspection work as fol-
lows; For each fixture or oulet in excess of ten at which current
is issued or controlled $.05; For each electric sign and outline light-
ing not exceeding twenty outlets $1.00; For next one hundred out-
lets $.03 each; For each additional outlet $.01; For each lamp and
switch $1.00; For inspection of wiring and installation of motors
and generators; For each motor of not more than Y2 H. P. $.50;
For each motor of not more than 1 H. P. $1.00; For each motor
over 1 H. P. and not over 3 H. P. $1.50; For each motor over 3
H. P. and not over 8 H. P. $2.00; For each motor over 8 H. P.
and not over 15 H. P. $2.50; For each motor over 15 H. P. and
not over 50 H. P. $3.00; For each motor over 50 H. P. and not
over 100 H. P. $5.00; For each motor of 100 H. P. or over $7.50;
For each generator of not more than 5 kilowatts $3.00; For each
generator over 5 kilowatts and not over 15 kilowatts, $5.00; For
each generator over 15 kilowatts $10.00; For inspection of other
electric apparatus; For each moving picture machine $2.00; For each
mercury arc rectifier and equipment $1; For each portable motor
of less than -Y8 H. P. installed in electric apparatus, such as slot
machines and sewing machines $.15; For each electric range $1.00;
For each ceiling fan $.50; For each temporary motor $1.00; For the
inspection of the installation of any motor-generator set, the same
fee shall be charged as provided for the motor of the same horse-
power; but no charge shall be made for the generator installation
when in connection with any such motor-generator set; For the in-
90 ORDINANCE NO. 228
spection of each removal of motor or generator upon which a final
certificate has been issued formerly $1.50 per hour; For the in-
spection of working lights in buildings or other structures in course
of construction or repair or temporary decorative lights; For not
over 50 lamps $1; For over 50 and not over 100 lamps $1.50; For
over 100 and not over 300 lamps $2.00; For over 300 and not over
600 lamps $3.00; For over 600 lamps $3.50; When more than two
inspections of any installation, alteration, repair or operation of
any wiring, fixture or other apparatus for electrical use shall be
required, an additional fee of $1.50 per hour for such additional
time shall be charged and collected; For the inspection of any
electric wiring, apparatus or equipment, for which no fee is here-
in provided $1.50 per hour for the time required for such inspect-
ion. (As amended by Ordinance No. 318)
Any and every person, firm, company, or corporation carrying
on the business of electric supplies, constructing or assuming con-
trol of the installation of any wires or other electric appliances in
any building in the City of Huntington Beach, shall first obtain a
License therefor from the City Clerk of said City, and shall pay
therefor the sum of $12.00 per annum, payable annually in ad-
vance, and no such person, firm, company or corporation shall en-
gage in such business in said City without first having procured
such License from the said City Clerk.
Section 4. Every such person, firm, company or corporation,
before such License be granted shall give a bond to the City of
Huntington Beach in the sum of Five Hundred Dollars ($500.00)
with two good and sufficient sureties to secure any person against
damage by reason of faulty workmanship, by reason of work done
by him or it; which sureties shall qualify that they are worth said
sum in property over and above all liabilities and exemptions
which said bond shall be approved by the Board of Trustees of the
said City and shall be filed with the City Clerk thereof. At the
expiration of his or its yearly License such person, firm, company
or corporation, so carrying on the business of electric supplies,
within thirty days shall again register and file a new bond con-
ditioned as aforesaid.
Section 5. No person, firm or corporation shall equip any
house, building or tent within the City of Huntington Beach with
any electrical wiring, connections, appliances, fixtures or apparatus
or make any alterations or change in or addition to, in or about
any building in the said City of Huntington Beach, without first
applying to the City Electrician and obtaining from him a permit
to do such work, stating the location by street and number of the
building which such work is to be done and shall be valid only
for the location so stated. No firm or corporation or company shall
furnish light or power to any house or building until the same has
received a final Certificate from the City Electrician, and no other
permit shall be issued by him to any contractor or other person
ORDINANCE NO. 228 91
who has not paid the charge or charges due from him as herein-
after in this section provided.
All work or electric installation shall be done subject to the in-
spection by the City Electrician, both in a rough and finished state.
When any electrical installation is ready for inspection an ap-
plication for inspection thereof must be made on a blank furnished
by the City Electricion, and must be filed in his office; inspection
must be made by said City Electrician within Forty-Eight (48)
hours (Excluding Sundays and Holidays) after filing such applica-
tion. Said application blank must be filled out in full, giving
permit number, name of owners, and electrical contractor, and lo-
cation by street and number of building where the work is to be
inspected. A diagram of wiring must be drawn on the application
and said application must have the number of lights and switch
outlets and must show wire sizes and distances, locations of switch-
es, tablets, and switch board motors, etc., and as nearly as possible
the manner in which all wires and other electric connections and
equipments are installed.
No charge shall be made by the City Electrician for the first
inspection of rough work or for the first inspection of finished
work; but should extra visits for inspection become necessary then
the City Electrician shall sharge the sum of One Dollar ($1.00) for
each extra visit. All work shall be left uncovered and convenient
for examination until the same is inspected. All the necessary
tools and ladders shall be furnished by the contractor or other
persons doing the work or assuming control thereof. All plumb-
ing and no other pipe and tube work must be in place on work to be
concealed before the electrical wiring is inspected. When said work
is completed to the satisfaction of the City Electrician, he shall
grant to said contractor a Certificate of acceptance for the same.
Section 6. Within Fire District No. 1, of Huntington Beach:
All wiring in or on all buildings or other structures in the City
of Huntington Beach, within the above Fire Limits, which wires are
used for light, heat or power shall be encased in approved metal
conduit, armored cable or metal moulding; only rigid conduit con-
struction to be used on all new work; all service switches, cut outs
and tablet boards mounted in approved metal box, rigid conduit
cr armored cable must be strapped or supported at each outlet and
every five feet if on the underside of timbers, and in all buildings
of open construction or every ten (10) feet if on top of timbers,
if same are more than three feet apart, except in cases where arm-
ored cable have to be fished in, Ordinary black or galvanized pipe
shall not be approved for use as conduit. All conduit or metal
moulding exceeding 10 feet in length or containing more than one
outlet shall be grounded with not less than No. 10 wire, which
shall be protected from mechanical injury. Flexible conduit shall
not be allowed in brick walls or concrete or where exposed to
moisture unless lead-lined, outlet boxes shall be required in all
cases as provided for rigid conduit; junction boxes shall be re-
92 ORDINANCE NO. 228
quired in all cases where conduit is run in connection with knob
and tube work; wiremen must solder and tape all joints at all out-
lets bringing out such wires as are necessary to connect with fix-
tures.
All buildings used as stores, hospitals, mills, factories, foun-
dries, machine shops, canneries, packing houses, garages, churches,
schoolhouses, auditoriums, theatres and buildings where people
congregate shall be wired as those above mentioned.
All wiring installed on the outside walls in said district or
any store front or any outside wall of a brick or concrete build-
ing shall be in rigid conduit.
All accessible inside wiring outside of Fire District No. 1, shall
be knobbed at least every four feet six inches. All outlets shall
be loomed to the last knob. All wiring shall be clear from wood,
pipes and other portions of the structure wherein such wiring ex-
ists. No rubbish shall be permitted to come in contact with any
electrical wiring. The use of weatherproof or iron wire, or wire of
less than No. 14 B & S gauge is prohibited. All joints shall be
soldered and taped. Backing boards shall be installed at all ceiling
cutlets and shall extend from joist to joist. The use of open fuses
in cutouts, tablet boards or main switches is prohibited.
All cutout cabinets inside of doors thereto shall be lined with
at least 1/8 inch asbestos. No circuit shall carry over 12 light out-
lets or over 660 watts. Unless loomed, all wires shall be separated
by at least 5 inches. If more than three circuits are in use, a
three-wire feed shall be required. The use of cord work where
standard wiring is required is prohibited. The use of flat or shal-
low canopies less than 3/4 inches deep is prohibited unless boxes are
used behind such canopies. All service conduit 3/4" or larger. The
use of paper tubes and paper bushing is prohibited. All .flush
switches and recepticals shall be enclosed in iron boxes. All feeds
shall run through the entrance switch before going to distribution
point. Each circuit must have an independent cutout. The use of un-
lined or defective sockets is prohibited. The use of commercial cord
is prohibited. All portable cord or cord drops shall be reinforced.
All accessible open lugs carrying current shall be taped. Insulation
joints shall be used with combination fixtures. All fixtures shall be
solidly hung and shall not be supported by electric wires. Condu-
lets entering fittings shall be required in all cases. All motors one-
half horse power and over must be equipped with a no voltage
release.
All service wires shall be of No. 10 B & S gauge or larger.
No outlets shall be brought out where the socket, fixture or
switch can be reached from any gas or water pipe or from any
bath tub, basin, sink, or plumbing fixture of any kind. No lamp
or switch shall be placed where they can be turned on from the
ground unless by a pull cord socket. No switch shall be placed
where exposed to the weather. All flush switches when placed
ORDINANCE NO. 228 93
within reach of the ground or cement walks, cement staircases, etc.,
shall have all the metallic non-current carrying parts effectively
grounded. Weatherproof fixtures must be used when exposed to
moisture. No more than six ceiling outlets the total of which is
660 Watts, shall be allowed on store circuits for concealed work,
and conduit from tablet boxes shall have wire weight capacity for
one extra circuit to four outlets.
All side outlets must be standard 3-inch box. All ceiling out-
lets must be standard 3-inch or 4-inch box brought flush with the
plaster line. All conduit or armored cable entering all junction
or outlet boxes must have a pull bushing on the inside of box as
well as lock nut or shoulder on the outside of same. Split knobs
or cleats must be used for the support of conductors smaller than
No. 8 B & S gauge. Floor outlets, attachment plugs and receptacles
must be enclosed in an approved floor outlet box, especially design-
ed for this purpose. Junction boxes must always be installed in
such a manner as to be ready and accessible. All taps shall be
caught under the same knob with the conductor to which they are
attached; all taps and splices must be made electrically and me-
chanically secure, and then soldered and covered with an insulat-
ing material equal to that on the conductor. All switches on mo-
tors or other power devices carrying over 1320 watts shall be of
a knife type; plug fuses up to 30 amp. over 30 amp. to be cart-
ridge type and enclosed in approved metallic box.
Grounding of non-current carrying metallic parts—All conduits
containing service wires must be insulated from all house conduits
and must be permanently and effectively separately ground to
water pipe, ground wire not less than No. 10 B & S gauge. All
house conduits shall be bonded together, grounded to water pipe.
Ground connections to pipe and to conduit must be exposed to view
or accessible and must be made by means of an approved ground-
ing clamp. All ground connections must be made to main water
supply pipe and not laterals. The neutral wire shall be grounded
at the building service by direct connection to the water pipe.
Neutral wire shall be installed and treated the same as a conductor.
Section 7. ELECTRIC SIGNS. It shall be unlawful to hang
or to fix in position any electric sign or sign designed for use as
an electric sign or which may be used as an electric sign until
such sign has been inspected and conforms to the National electric-
al code. Three wire circuits shall not be allowed except for elec-
tric signs and stoves. All signs and stoves must be on a separate
and individual circuit. All signs shall be provided with a switch so
arranged as to entirely disconnect all feed wires from sign.
Section 8. The requirements of this Ordinance are hereby
specifically declared to cover, govern, and control the installation,
alteration or repair of any electrical wiring, connections, fixtures,
appliances, apparatus or machinery in any school building and
other buildings or structures by any school district, school board
94 ORDINANCE NO. 228
of education, or public or quasi-public or political corporation or
body.
Section 9. It shall be unlawful for any person, firm or cor-
poration as principal, agent, officer, servant or employee, for him-
self or itself, or for another person, firm or corporation to install,
alter, repair, add to, connect with or change any inside electrical
wiring, connections, fixtures, appliances, apparatus, machinery,
equipment or work, or to install any electrical meter or service
wires without_first securing a permit therefor, as in this ordinance
provided.
Section 10. Whenever the City Electrician shall find any elec-
trical wiring connections, fixtures, appliances, apparatus, machinery,
equipment or work which does not conform to all the requirements
of this Ordinance, he shall, in writing, notify the owner or person
in charge thereof, or of the building wherein the same are placed,
to cease using electrical current in or through such electrical wir-
ing, fixture, connections, appliances, apparatus, machinery, equip-
ment or work, and to have the defect therein repaired within a
reasonable time not exceeding Ten (10) Days from date of notice.
Such notice shall be in writing, describe and locate the
building by street and number, and shall specify the particulars in
which such electrical wiring, fixtures, connections, appliances, ap-
paratus, machinery, equipment or work is defective, and shall sep-
arately specify what is necessary to remedy such defects. Such
notice shall be entitled "Electrical Repair Notice".
Section 11. Except as otherwise herein provided and required,
all electrical wiring, connections, fixtures, appliances, apparatus,
machinery, equipment and work hereafter installed, altered, repair-
ed added to or changed within the City of Huntington Beach, shall
conform to what is commonly known as the National Electrical
Code of the National Board of Fire Underwriters, Edition of 1920,
a copy of which code as now existing and approved and adopted
for the purpose aforesaid is on file in the office of the City Electric-
ian of said city, marked in ink on the outer cover thereto, "Code
approved and adopted by Ordinance No.._._". And a certain book en-
titled "Electrical Utilization Safety Orders", of date........, 1921, is-
sued by the Industrial Accident Commission of the State of Cali-
fornia, is hereby made a part of this Ordinance, reference to which
is hereby made for the rules and orders contained therein.
Section 12. Any person, firm or corporation as principal, agent,
officer, or employee, who or which shall violate any of the pro-
visions of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of not less
than $5.00 and not to exceed Two hundred Dollars ($200.00), or by
imprisonment for not less than two days and not to exceed fifty
days in the City Jail, or by both such fine and imprisonment.
Section 13. Repeated violations of the provisions of this Ordi-
nance or any part thereof by any person, firm or company or cor-
ORDINANCE NO. 228 95
poration doing electrical work in said City shall constitute suffic-
ient grounds for a refusal of the Board of Trustees thereof to
permit such offender to continue such business therein.
Section 14. This Ordinance shall not be construed to relieve
from or lessen the responsibility of any person, firm or corporation
owning, operating, controlling or installing any electrical wiring,
connections, fixtures, appliances, apparatus, machinery, equipment
or work, inside, outside, overhead or underground in the City of
Huntington Beach for damages to any one injured by defect there-
in, nor shall the City be held as assuming any such liability by
reason of the inspection authorized herein or certificate issued as
herein provided, or by reason of any of the matters or things here-
in provided for and regulated.
Section 15. All Ordinances or parts of Ordinances in conflict
with this Ordinance are hereby repealed.
Section 16. This Ordinance shall be known as the "Electrical
Ordinance".
Enacted November 28, 1921.
ORDINANCE NO. 230 97
ORDINANCE NO. 230
AN ORDINANCE REGULATING DANCE HALLS, DANCING PA-
VILIONS AND PLACES WHERE DANCES ARE REGULARLY
CONDUCTED AND CARRIED ON IN THE CITY OF HUNT-
INGTON BEACH, CALIFORNIA.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. That no license to conduct, maintain or carry on any
public dance hall or dancing pavilion in the City of Huntington
Beach shall be issued to any person, firm or corporation except
upon a permit in writing previously granted by the Board of Trus-
tees of said City and filed with the City Clerk authorizing the
issue of such license to such person, firm or corporation and spec-
ifying the location of the dance hall; that the said"Board of Trustees
shall have the power to revoke any such permit when it shall
appear to said Board that the public dance hall or pavilion of the
person, firm or corporation to whom such permit is given is con-
ducted in an illegal, disorderly or improper manner, provided, that
in case a permit granted to any person, firm or corporation for
a public dance hall shall be revoked by said Board, a new license
shall not be issued to such person, firm or corporation until a new
permit therefor shall have been granted by said Board.
That for the purposes of this ordinance, a public dance hall is
hereby defined to be a place maintained for the purpose, of dancing
therein, and open to the public for such purpose, to which persons
are admitted, or in which persons are allowed to dance, upon the
payment of a fee or charge, and for admission to which, or for
dancing in which the person, firm or corporation maintaining or
conducting the same or holding or carrying on a dance or dancing
therein, does not make, or cause to be made, separately for each
date upon which a dance or dancing is conducted or carried on
therein, a special and bona fide selection or choice of the persons
to be admitted to or to be permitted to dance therein. No such
selection or choice of persons admitted to or permitted to dance in
any such place shall be deemed to be sufficient unless persons are
admitted thereto or are permitted to dance therein only upon writ-
ten invitation given, sold or delivered, prior to the date of such
dance or dancing, separately in each instance and specially to such
persons, entitling the person who shall be designated by name in
in such invitation and not more than two other persons accomp-
anied by such person so designated, to admission to such place or
to dance therein, on a date which shall be specified in such invita-
tion; and which said invitation shall, on the date specified therein,
be delivered to a doorkeeper or ticket taker at the entrance to such
place, before the persons thereby entitled to admission thereto are
permitted to enter the same, and which said invitation shall not
98 ORDINANCE NO. 230
be thereafter again used for the purpose of obtaining admission
to such place by any other person, or on any other date.
Nothing herein contained shall apply to the admission to a
public dance hall of musicians or other persons regularly employed
in or about the maintenance or conducting of such public dance
hall, or in or about the holding or conducting of any dance or
dancing therein, or to the admission to any dance or ball .of mu-
sicians or other persons employed, in or about the holding or con-
ducting thereof.
Section 2. In the event that any person, firm or corporation
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 ordinance or any other 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 Board of Trustees 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 ordinance. No such
permit shall be revoked until a hearing shall have been had by
the.Board of Trustees in the matter of the revocation of such per-
mit, 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. 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. Said
notice shall be served by delivering 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.
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 the City of Huntington Beach, and personal service of
such notice cannot be made upon either of them in the manner
herein provided in said 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.
Section 3. It shall be unlawful for any person, firm or cor-
poration to conduct, maintain or carry on a public dance hall in
the City of Huntington Beach without a permit therefor first grant-
ed, as provided in Section 1 of this Ordinance.
Section 4. It shall be unlawful for any person, firm or cor-
poration, conducting, maintaining or carrying on a public dance
hall, or having charge or control thereof, or for any pearson em-
ployed in and about the same, to hold, conduct or carry on, or to
ORDINANCE NO. 230 99
cause or permit to be held, conducted or carried on any dance or
dancing in any such public dance hall andlor dancing_pavilion in
the City of Huntington Beach between the hours of two o'clock
A. M. of any day and 6:00 o'clock A. M. the same day, except up-
on special permission in writing, signed by the Chief of Police of
the City of Huntington Beach. (Amended by Ordinance No. 414)
Section 5. It shall be unlawful for any person, firm or cor-
poration, conducting, maintaining or carrying on a public dance
hall, or having charge or control thereof, or permit to be admitted
to such public dance hall, or to dance therein, any minor under the
age of Sixteen years, at any time 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. (As
amended by Ordinance No. 233)
Section 6. It shall be unlawful for any minor under age of
Sixteen years to enter, or to be or remain in any public dance hall
in the City of Huntington Beach at any time when a dance or danc-
ing 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 its parent or
parents or guardian. (As Amended by Ordinance No. 233)
Section 7. It shall be unlawful for any person, firm or cor-
poration 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, bois-
terous or disorderly person to enter, be or remain, or to dance in
any such public dance hall.
Section 8. It shall be unlawful for any person, firm or cor-
poration conducting, maintaining or carrying on a public dance
hall, or having charge or control thereof, or for any person employ-
ed in and about the same, to hold or conduct, or to cause or per-
mit to be held or conducted, any dance or dancing in any dance
hall after sunset of any day, unless such public dance hall be light-
ed or illuminated either by gas or electric light, or other means, in
such manner and to such extent as is usual or customary for light-
ing or illuminating halls or rooms of like dimensions in the
night time for public assemblies, before any person is admitted
thereto and before any dance or dancing is commenced therein:
provided, however, that the intensity of such lighting or illum-
ination 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; such lighting or illumination shall be maintained thereafter
throughout the entire time while such dance or dancing is in pro-
gress, without diminution and without interruption, until such dance
cr dancing is concluded and until such hall is cleared and closed.
It shall be unlawful for any person to shut or turn off the
lights or lighting, or to reduce the intensity thereof below the
minimum in this section prescribed in any public dance hall at any
100 ORDINANCE NO. 230
time after sunset of any day while a dance or dancing is in pro-
gress or being conducted therein, or during any recess or other in-
termission in such dance or dancing.
Section 9. No person, as principal, agent or otherwise, carry-
ing on, maintaining or conducting, or assisting in carrying on main-
taining or conducting, a public dance hall or a public dance in the
City of Huntington Beach shall permit any person or persons to
dance with their cheeks or heads touching; or to permit any person
to 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 hallways leading thereto; or to
permit any male person to dance with his right hand upon any
portion of his female partner except her back between her should-
er line and waist line, or with his left hand in any position ex-
cept extended from the body and holding the right hand of his
dancing partner; or to permit any female person to dance with
her left hand upon any portion of her male dancing partner ex-
cept his right arm or shoulder, or with her right hand in any
position except extended from the body and held by the left hand
of her dancing partner; or to permit any person or persons to dance
any passion dance, lewd or suggestive dance, indecent dance, vul-
gar dance, sensual dance, or any dance involving the jerking or
shaking of the body; or to permit any known prostitute or any
known male or female procurer, or known vargrant, or other
known or dissolute person or any person known to have plead guil-
ty or to have been convicted within the period of one year of being
a vagrant or a lewd or dissolute person, or any intoxicated person,
to be present in any public dance hall or at any public dance.
Section 10. No person shall, in any public dance hall or at any
public dance, dance with his or her cheek, or with his or her head
touching the cheek or the head of his or her dancing partner; or
to dance any passion dance, lewd or suggestive dance, indecent
dance, sensual dance, or any dance involving the jerking or shaking
of the body; or to indulge in boisterous conduct, or use of profan-
ity or otherwise conduct himself or herself in a vulgar or indecent
manner in such public dance hall or in any of the hallways lead-
ing 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.
Section 11. No male person shall in any public dance hall or
at any public dance, dance with his right hand upon any portion
of his female dancing partner except her back between her shoul-
der line and waist line, or with his left hand in any position ex-
cept extended from the body and holding the right hand of his
dancing partner; and no female person shall, in and public dance
hall, or at any public dance, dance with her left hand upon any
portion of her male dancing partner except his right arm or right
shoulder or with her right hand in any position except extended
ORDINANCE NO. 230 101
from the body and held by the left hand of her dancing partner.
Section 12. 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.
Section 13. Every person seeking admission to a public dance
hall or to any public dance hall shall, upon the request of the
manager, proprietor or door keeper, or managing agent of the pro-
prietor of such public dance hall or public dance, register his or
her true name, age and address in his or her own handwriting.
Section 14. The provisions of this ordinance shall not apply
to any dance or ball given, held or conducted by any bona fide
club, society, or association organized or incorporated for benevo-
lent, charitable, dramatic or literary purposes, having an estab-
lished membership of persons regularly elected or admitted there-
to, and which shall hold meetings, other than such balls or dances,
at regularly 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 priv-
ate dance or ball, held or conducted for social purposes 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 thereof,
except such as may be required for the purpose of defraying the
actual expenses of holding or conducting such dance or ball; pro-
vided, however, that the provisions of this ordinance shall apply
to any dance or ball, other than a dance or ball of the character
hereinbefore in this section 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.
Section 15. Any person, firm or corporation who shall violate
any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall be punishable
by a fine not exceeding one hundred dollars ($100.00), or by im-
prisonment for a period not exceeding Fifty (50) days, or by both
such fine and imprisonment; and upon such conviction, any permit
which may have been granted to such person, firm or corporation,
to conduct, maintain or carry on any public dance hall, shall be
rendered void ipso facto, and shall be revoked by the Board of
Trustees, as hereinbefore provided.
Enacted December 5, 1921.
ORDINANCE NO. 241 103
ORDINANCE NO. 241
--0--
AN ORDINANCE PROHIBITING THE USE OF SANITARY SEW-
ERS IN THE CITY OF HUNTINGTON BEACH FOR CERTAIN
PURPOSES.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person, firm or cor-
poration to deposit, place, discharge or cause to be placed, deposit-
ed or discharged, any oil, naptha, petroleum, asphaltum, tar, hydro-
carbon 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 storm drain, ditch, sewer or san-
itary drain or sewer or into any portion of the Pacific Ocean with-
in the City of Huntington Beach or upon any private property
in said 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
said City.
Section 2. That any person, firm or corporation violating any
of the provisions of this Ordinance shall be guilty of a misdemeanor
and upon conviction thereof shall be punishable by a fine of not
less than $50.00 nor more than $300.00 or by imprisonment in the
City Jail for a period of not more than 90 days or by both such
fine and imprisonment, and such person, firm or corporation shall
be deemed guilty of a separate offense for every day during any
' portion of which any violation is permitted or continued by any
such person, and shall be punished therefor as provided by this
Ordinance.
Enacted July 5, 1922
ORDINANCE NO. 244 105
ORDINANCE NO. 244
-o--
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG-
ULATING THE KEEPING OF REGISTERS IN LODGING
HOUSES, ROOMING HOUSES AND HOTELS WITHIN THE
CITY OF HUNTINGTON BEACH.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. That every owner, keeper, lessee or proprietor of
any lodging house, rooming house, or hotel in said City of Hunt-
ington Beach shall, from and after the adoption of this ordinance,
keep a register wherein he shall require all guests, roomers, or
lodgers to inscribe their names upon their procuring lodging or a
room or rooms, or accommodations in such lodging house or room-
ing house, or hotel. The said register shall also show the time
when said name was inscribed, meaning the day of the month and
year, also the room or rooms occupied or to be occupied by said
lodger, or roomer or guests in such lodging house, or rooming
house or hotel. Said register shall be kept in a conspicuous
place in said lodging house, rooming house or hotel, and
shall at all times be open to inspection by the lodgers, roomers or
guests of said lodging house, rooming house or hotel, and to the
Chief of Police or any regular policeman or police detective of
said City of Huntington Beach.
Section 2. That before furnishing any lodging for hire to any
person in any lodging house or before renting any room to any
person or persons in any rooming house, or before furnishing any
accommodations to any guest at any hotel in the City of Hunting-
ton Beach, the proprietor, manager, lessee, or owner thereof shall
require the persons to whom such lodgings are furnished, or room
is rented, or accommodations furnished, to inscribe his name in
such register kept for that purpose as hereinbefore provided, and
shall set opposite said name the time when said name was so in-
scribed, and also the room or rooms occupied by such lodger, room-
er or guest.
Section 3. Any violation of said ordinance, shall constitute a
misdemeanor and shall be punishable by a fine not to exceed one
hundred ($100.00) dollars, or by imprisonment not to exceed fifty
days (50) or by both such fine and imprisonment.
Enacted July 31, 1922.
ORDINANCE NO. 248 107
ORDINANCE NO. 248
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG-
ULATING THE USE OF MOTOR VEHICLES UPON THE
BEACH OF THE PACIFIC OCEAN.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person, firm, company
or corporation owning or controlling any motor vehicle propelled or
operated by mechanical power to operate, drive, propel or run, or
cause or permit any motor vehicle or other vehicle propelled other-
wise than by muscular power to be operated, driven, propelled or
run upon the beach of the Pacific Ocean within the City of Hunt-
ington Beach, without a permit, therefor first had and obtained
from the Chief of Police of said City.
Section 2. Any person, firm, company or corporation desiring
to operate any motor vehicle or vehicles upon the beach of the
Pacific Ocean within the City of Huntington Beach may apply to
the Chief of Police of said City for a permit so to do by an ap-
plication in writing. Such application shall state the time and
place for which said permit is desired, what protection will be
provided if any, for the safety of the public, and shall state the
kind and character of the motor vehicle or vehicles to be operated,
the names of the persons to operate the vehicles or vehicle and
the name of the applicant and also such other information as may
be required from time to time by the Chief of Police.
Section 3. Upon receipt of any application for a permit to
operate a motor vehicle or vehicles upon the beach of the Pacific
Ocean the Chief of Police may interrogate and examine the ap-
plicant or any person named therein as the driver or operator of
any motor vehicle. He may require such safe-guards for the pro-
tection of the public as he may deem advisable. If he shall deem
the applicant and the persons to operate the motor vehicle or •,-e-
hicles to be properly qualified and if suitable safe-guards are pro-
vided for the protection of the public he may issue a permit there-
for. Any person, firm or corporation holding such a permit may
operate or cause to be operated a motor vehicle or vehicles in ac-
cordance with the terms thereof at the time and place in said
permit specified.
Section 4. Any person, firm or corporation violating any of the,
provisions of this ordinance shall be deemed guilty of a misde-
meanor and upon conviction thereof shall be punished by a fine
of not exceeding Three Hundred Dollars ($300.00) or by imprison-
ment for a term not exceeding Ninety (90) days or by both fine
and imprisonment.
Enacted August 14, 1922.
ORDINANCE NO. 250 109
ORDINANCE NO. 250
THE ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
PROHIBITING THE DOING OF CERTAIN ACTS ON THE
PUBLIC STREET OF SAID CITY.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. That it shall be unlawful for any person, firm,
association, trustee or corporation either as employer, employee,
agent or principal, to deposit, sweep, place, throw, discard or leave
or cause to be deposited, swept, placed, thrown, discarded or left
upon any public street, highway, alley, sidewalk, street parking
or other public place in the City of Huntington Beach, any paper,
trash, rubbish, garbage or any other thing of similar nature, ex-
cept that said substances may be placed in cans, boxes or other
recepticals which are sufficiently tight and sound to prevent the
leaking, scattering, dropping or spreading of said substances, which
cans, boxes or other recepticals may be placed upon or in any
public alley in the City of Huntington Beach, for the purpose of
having the same removed or destroyed by any person, firm, asso-
ciation or corporation, who is the tenant or in possession of the
o premises abutting upon the said alley, immediately adjacent to the
point where said recepticals are so placed.
Section II. Any person, firm, association, trustee or corpora-
tion, either as employer or employee, agent or principal, who shall
violate any of the provisions of this Ordinance, shall be guilty of
a misdemeanor and upon conviction thereof, shall be punishable
by a fine not exceeding three hundred ($300.00) dollars or by im-
prisonment for a term not exceeding ninety (90) days or by both
such fine and imprisonment.
Enacted October 23, 1922.
ORDINANCE NO. 274 111
ORDINANCE NO. 274
AN ORDINANCE CREATING THE OFFICE OF THE CITY CON-
TROLLER OF THE CITY OF HUNTINGTON BEACH AND
PROVIDING FOR THE APPOINTMENT AND COMPENSA-
TION THEREOF AND DEFINING THE POWERS AND DU-
TIES OF SAID OFFICER.
--0—
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. The office of City Controller of the City of Hunt-
ington Beach is hereby created and established, said officer shall
be appointed by the Board of Trustees of said City and shall hold
office during the pleasure of said Board. He shall receive such
compensation for his services as the Board of Trustees shall by
resolution provide.
Section 2. It shall be the duty of the City Controller:
FIRST: To attend all meetings of the Board of Trustees of
said City:
SECOND: To audit all accounts and books of account of the
City of Huntington Beach, and supervise all accounting of said City:
THIRD. To compile and deliver to each member of the Board
of Trustees of said City, on or before the first Monday in August
of each year a budget of the estimated expenses and requirements
for the ensuing year, for said 'City showing the several funds, de-
partments and accounts into which the same is divided or pro-
portioned.
FOURTH: To furnish to the Board of Trustees of said city,
on or before the first meeting night in each month a complete
financial statement showing the actual and estimated conditions of
all accounts of said City at the end of the preceding month, to-
gether with estimated future expeditures and revenue of said City.
FIFTH: To approve or reject any or all demands for labor
or services rendered and for material or supplies furnished to said
City.
Section 3. The City Controller shall have power:
FIRST: To require all purchasers for or on behalf of the City
to be made upon requisitions signed by him.
SECOND: To require all labor for or on behalf of the City
to be employed only upon requisition signed by him.
THIRD: To require all appointive officers and department
heads of said City to render to him on or before the first day of
July of each year an estimate of the revenue and expense of such
department or office for the ensuing fiscal year showing the source
112 ORDINANCE NO. 274
of such estimated revenue, and the purpose of the estimated ex-
penditure.
FOURTH: To issue and promulgate rules and regulations not
inconsistent with this Ordinance covering the methods, restrictions,
rules and regulations governing the expenditure of any and all
municipal funds by appointive officers and departments of said
City.
FIFTH: He shall have the power and authority to perform
all such other duties as may be prescribed by ordinance or resolu-
tion of the Board of Trustees; provided, however, that any and all
acts of the said City Controller under this Ordinance shall be sub-
ject to the final approval and control of the Board of Trustees of
the City of Huntington Beach and they shall have full and com-
plete power to correct, change or set aside any action taken by him
under this Ordinance, whenever they deem it proper to do so.
Section 4. (Section 4 repealed by Ordinance No. 434.)
Enacted September 15, 1924.
0
ORDINANCE NO. 280 113
ORDINANCE NO. 280
AN ORDINANCE PROVIDING CERTAIN FIRE PREVENTION
MEASURES IN THE OIL FIELDS: REGULATING THE USE
OF CERTAIN STREETS AND HIGHWAYS WITHIN THE
CITY: REPEALING ALL ORDINANCES AND PARTS OF OR-
DINANCES IN CONFLICT WITH THIS ORDINANCE AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
--
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It is hereby declared to be unlawful for any per-
son to smoke or throw, place or deposit any lighted or smoulder-
ing cigar, cigarette, ash, match or other exposed smouldering or
burning substance within twenty-five (25) feet. of any oil well,
derrick, oil refinery, gasoline absorption plant, gas compression
plant, oil pumping plant or storage plant or storage tank or oil
sump containing petroleum or any of its inflamable or fluid by-
products.
Section 2. It shall be unlawful for any person, firm or cor-
poration whether as principal, agent, servant, employee, or other-
wise, to cause or permit any oil, waste oil, oil refuse or oil waste
matter to remain on the surface of the ground around or near any
derrick, in any derrick cellar, around or near any oil storage or
bleeder tank, around or near any oil pump or around or near any
combustible structure, except within an oil sump or oil tank, and
all such persons, firms or corporations shall remove such oil, waste
oil, oil refuse or oil waste matter, within forty-eight (48) hours
after the spill or deposit occurs.
Section 3. It shall be unlawful for any person, firm or cor-
poration, whether as principal, agent, servant, employee, or other-
wise, to permit any open flame of any kind within twenty-five
(25) feet of any oil well while it is actually producing, or within
twenty-five feet of any storage tank or sump containing petroleum
or any of its inflamable by-products.
Section 4. It is hereby declared to be a nuisance and unlawful
for any person, firm, association, corporation, trust, or syndicate in
charge or control of, or having any interest in, or owning, either in
whole or in part, any derrick or similar structure on any premises
in said City, whether such interest is as principal, agent, servant,
employee or otherwise, to cause, allow or permit any such derrick
or similar structure to be constructed or erected unless said derrick
is set upon four (4) cement foundation blocks, each block having
minimum dimensions of three feet by three feet at its top, five
feet by five feet at its base, and height of four (4) feet, the top
surface of the block being raised twelve (12) inches above the
ground level. If alterations and repairs in excess of twenty-five
114 ORDINANCE NO. 280
(25%) percent of the value of an existing derrick or structure, as
estimated by the City Engineer of the City of Huntington Beach,
are made to such existing derrick or structure within a period of
twelve (12) months, the derrick foundation shall be made to con-
form with the above requirements. (Amended by Ordinance No.
406)
Section 41/2. It is hereby declared to be a nuisance and un-
lawful for any person, firm, association, corporation, trust or syndi-
cate in charge or control of, or having any interest in or owning,
either in whole or in part, any derrick or similar structure on any
premises in said City, whether such interest is as principal, agent,
servant, employee or otherwise, to cause, allow or permit any such
derrick or similar structure to be constructed, erected, maintained
or permitted to remain upon said premises, unless said derrick or
structure is at all times composed of sound materials which are
free from rot and structural defects and has its component parts
safely nailed or otherwise held together and the whole structure
securely stayed and held by cables or guy wires.
Said derrick or structure shall be securely held and stayed
within the meaning of this section, if and when it shall have se-
curely attached to each corner at least two (2) guy wires or cables,
each with a minimum diameter of three-eights (%) inch, one of
which cables shall be attached to each of said corners of said der-
rick and not more than twenty (20) feet from the top thereof,
and the other cable or guy wire to be not less than sixty (60) or
more than seventy (70) feet from the base of said derrick or struc-
ture, and each guy wire or cable shall be equipped with a turn-
buckle, or similar device, for regulating the length thereof and
shall at all times be kept and maintained free from defects and
drawn tight with equal tension, and said guy wires, cable, turn-
buckles shall be of galvanized material. Said guy wires shall be
anchored in one of the two following methods: (1) Each shall be
fastened securely to an anchor or deadman of sufficient size and
strength to equal the strength of said cable, and no guy wires or
cables from any corner of said derrick shall be fastened to any
anchor or deadman to which there is fastened any guy wire or
cable from any other corner of said derrick. No two of said
anchors or deadmen shall be within one hundred fifteen (115) feet
of each other and they shall be at least sixty-five (65) feet from
the base of the derrick and so located that a straight line drawn
between any two adjacent deadmen or anchors will not come
within forty-five (45) feet of a line drawn between the base cor-
ners of said derrick, or
(2) Said guy wires shall be anchored to eyebolts embedded in
the concrete foundation blocks of said derrick, each foundation
block having embedded securely therein, at the time of construction
two (2) eye-bolts at least one (1) inch in diameter and embedded
to a depth of at least eighteen (18) inches. (Amended by Ordi-
nance No. 421)
Section 5. It shall be unlawful for any person, firm, or cor-
ORDINANCE NO. 280 115
poration, whether as principal, agent, servant, employee, or other-
wise to maintain any oil derrick or rig unless such derrick or rig,
during all of the time of its erection, construction and maintenance,
be equipped with at least two two and one-half (21/2) gallon "foam"
type extinguishers located on the outside of such derrick or rig,
and hung in a convenient and easily accessible place. None of such
extinguishers shall be removed from such derrick or rig except
for use or recharging.
Section 6. It shall be unlawful for any person, firm or cor-
poration, whether as principal, agent, servant, employee, or other-
wise, to maintain any oil refinery, gasoline plant, gas compression
plant, dehydrating plant, oil pumping plant, or any plant that
handles, pumps or treats gas, oil or its by-products unless such
plant be equipped with at least two two and one-half (2%) gallon
"foam" type extinguishers where the floor area is five hundred
(500) square feet or less, and one additional extinguisher for each
fifteen hundred (1500) square feet or fraction thereof of each ad-
ditional floor area. Each such "foam" type extinguisher shall be
approved by the Underwriters Laboratories, Inc., and shall be re-
charged at least once a year, or oftener, if necessary, and must
be tagged to show the date when last recharged. Each such ex-
tinguisher shall be hung in a convenient and easily accessible
place except when removed for use or recharging, provided, how-
ever, that in lieu of the above requirements any person, firm or
corporation may establish a fire department consisting of fire
fighting equipment and apparatus.
Any person, firm, or corporation desiring to come within this
provision shall make application to the City Council for permission
so to do, setting out in detail the fire fighting equipment and ap-
paratus, and the location thereof, together with the location of the
properties which are to be served by said fire fighting equipment.
Said application shall be filed with the Chief of the Fire Depart-
ment of the City of Huntington Beach for his recommendation and
approval and shall be presented by him, bearing his approval or
disapproval, to the City Council at its next regular, or regularly
adjourned, meeting for its action thereon. (Amended by Ordinance
No. 423)
Section 7. Whenever the City Engineer of the City of Hunt-
ington Beach shall find or believe that a nuisance as defined in
this ordinance exists he shall cause notice to be posted in a con-
spicuous place upon the premises on which such nuisance exists
or is believed to exist in substantially the following form, to-wit:
NOTICE OF NUISANCE
To the Owner and Those Whom it may Concern:
You are hereby notified that a public nuisance exists upon
that certain real property in the City of Huntington Beach, Orange
County, California, described as follows, to-wit: Lot-----...----in Block
............of------------(giving tract name) as shown on a map recorded in
116 ORDINANCE NO. 280
Book................at page_-------------of Miscellaneous Maps, Orange County
Records.
That said public nuisance is a violation of Ordinance No. 280
as amended by the City of Huntington Beach, and this notice is
posted in accordance with the terms thereof.
You will cause said nuisance to be immediately abated, or
show cause as provided in said ordinance why the conditions now
existing do not constitute a nuisance. Failure to abate the nuisance
or to show cause as provided shall be conclusive evidence of the
existence of said nuisance.
Dated.................................... 19............
Posted..................................... 19......•.....
............................................................
City Engineer of the City of
Huntington Beach.
Within thirty (30) days after the posting of said notice the
owner or any person interested in said premises or said well may
file with the City Clerk a written notice excepting to the posting
of said notice and to the determination of the City Engineer stated
therein, stating in full the facts and circumstances under oath,
showing that said alleged nuisance does not exist. The said notice
of exception shall be presented to the City Council by the said
City Clerk at the next regular or regular adjourned meeting of said
City Council and said City Council shall thereupon proceed to hear
the mattei of said exception and shall determine whether the con-
ditions existing on the premises constitute a nuisance as defined in
this ordinance and for the purpose they may take evidence under
oath and may continue the hearing thereon from time to time until
finally determined by them. The determination of a majority of
said City Council shall be final and binding on all parties appear-
ing under said protest. Failure of any person to file such notice of
exception within thirty (30) days after such posting shall be deem-
ed to be an admission on the part of all persons not so filing, that
a public nuisance does exist upon such premises. In the event
the City Council finds that said nuisance has been abated or does
not exist, no further proceedings shall be taken under this ordi-
nance against said property for a period of ninety (90) days there-
after.
If the City Council shall determine that said nuisance exists
and the same has not been abated by the owner thereof, the City
Engineer shall immediately proceed to abate said nuisance and
the expense of abating said nuisance may be made a lien upon the
premises upon which said nuisance existed. Such lien shall be
created by the filing with the City Tax Collector of the City of
Huntington Beach an itemized statement of such expenses and the
same shall constitute a special assessment and tax against the said
property and shall be collected at the same time and in the same
manner as other city taxes are collected. An itemized statement
ORDINANCE NO. 280 117
filed by the City Engineer, with the City Tax Collector shall be
his authority to place the amount thereof on the Tax Statements
of said City for the next ensuing year and the amounts thereof
shall bear like interest and be subject to the same penalties for
non-payment as other City taxes. (As amended by Ordinance No.
329)
Section 8. It is hereby declared to be a nuisance and unlaw-
ful for any uncapped well, derrick, rigging, sumphole or other drill-
ing equipment or appurtenances to remain upon any premises in
the City of Huntington Beach for a longer period than ninety (90)
days after the cessation of oil operations thereon; and for the pur-
pose of this ordinance the following shall be deemed to be cessa-
tion of oil operations, to-wit:
(a) The failure to commence actual drilling operations on said
premises within sixty (60) days after the date of the issuance of
the building permit of the City of Huntington Beach for the erect-
ion of the oil or gas well derrick.
(b) The failure to prosecute diligently the actual drilling of
an oil or gas well on such premises after commencing actual drill-
ing operations. Diligent prosecution shall mean the carrying on of
actual drilling operations continuously and in good faith for at
least eight (8) hours per day at least twenty (20) days out of any
period of thirty (30) days, except during a period of not over
fifteen (15) days during which casing is being set.
(c) The failure to pay for a period of sixty days after the
same becomes due, any license tax upon said derrick or well or
the business of operating the same.
(d) The failure during any sixty (60) consecutive days to
produce and save oil or gas or to operate said derrick or equip-
ment for at least eight (8) hours per day at least thirty (30) days
out of said period.
Provided, however, that nothing herein contained shall be con-
strued to prevent the storage of oil well drilling equipment or
supplies for commercial purposes at location where there is no
uncapped well nor oil derrick within 125 feet thereof, on property
under control of the owner of such equipment.
Any person, firm, association, corporation, trust or syndicate
in charge or control of or having any interest in or owning either
in whole or in part any such nuisance or the property on which
same is located, whether as principal, agent, servant, employee, or
otherwise, who causes, allows or permits any such nuisance to ex-
ist shall be guilty of a misdemeanor, and each and every day of
the continuance of such nuisance shall be deemed to be a separate
offense. Proof of ownership or having charge or control of any in-
terest in such nuisance or premises in whole or in part shall be
118 ORDINANCE NO. 280
conclusive evidence of allowing or permitting the condition actual-
ly existing. (As amended by Ordinance No. 329)
Section 9. It shall be unlawful for any person, firm, or cor-
poration, whether as principal, agent, servant, employee, or other-
wise, to operate any gas or steam engine, without having thereto
attached and maintained all of the time said gas or steam engine
is in operation, a muffler to lessen the noise of the exhaust.
Section 10. It shall be unlawful for any person, firm or cor-
poration, either as principal, agent, servant, employee or other-
wise to cause or permit crude, distilled or refined oil or petroleum,
or waste water, or mud to become deposited upon or to flow upon,
into or across any sidewalk, curb or street, or into any drainage
system, sewer or gutters; provided, however, that it shall be law-
ful for the Superintendent of Streets of the 'City of Huntington
Beach to cause and permit water which contains not more than
100 parts of oil per million to be deposited to flow into storm
drainage system under such terms, conditions and restrictions as
may bg adopted by him; provided however, that said City Super-
intendent of Streets shall require all such water to be carried in
pipe lines to the gutter of paved streets, or in the event there are
no paved streets adjacent to said property then the same must be
carried in pipe lines to a manhole of said storm drainage system.
Any person, firm or corporation desiring to have the Street
Superintendent of the City of Huntington Beach dispose of or per-
mit any water to flow into such storm water drainage system shall
file an application requesting such City Street Superintendent to
dispose of said water in said drainage system and shall provide
at his or its own cost and expense the necessary settling, separat-
ing and cleaning apparatus to clarify, settle and clean said water
and shall provide the necessary pipe and conduit to conduct said
water to the gutter of a paved street or a manhole in said storm
water drainage system. In the event such apparatus and equip-
ment is provided then it shall be lawful for the Street Superin-
tendent to cause any water accumulated upon private property to
be deposited or caused to flow into said storm water disposal sys-
tem. Nothing herein contained shall be construed to permit any
person other than the Street Superintendent to allow or permit
any water to be deposited or flow into said storm water drainage
system and the Street Superintendent or one of his employees or
deputies shall be present at all times.
Any person, firm or corporation filing an application to have
water accumulating upon his or its property disposed of by the
Superintendent of Streets, shall at the time of making said appli-
cation, deposit with the Superintendent of Streets a fee of Two Dol-
lars ($2.00) and shall thereafter pay to the Superintendent of
Streets of the City of Huntington Beach the sum of $2.00 per
month for each oil well, rig or derrick from which water may be
produced during such time as said person, firm or corporation may
desire to have the Superintendent of Streets dispose of the water
ORDINANCE NO. 280 119
accumulating upon his or its property. The Superintendent of
Streets shall not dispose of any water accumulating upon private
property unless and until the fees herein provided have been paid.
All pipe lines and conduits constructed for the purpose of empty-
ing water into the storm water drainage system shall be equipped
with valves which shall be capable of being closed and sealed by
the Superintendent of Streets and it shall be a violation of this
Ordinance for any person, firm or corporation to cause or permit
any seal placed upon said valves to be broken or removed or un-
locked by any person other than the Superintendent of Streets, his
agent or employee. (Amended by Ordinance No. 350)
Section 11. It shall be unlawful for any person, firm, or cor-
poration, whether as principal, agent, servant, employee, or other-
wise, to fire, operate, use or maintain any power boiler for the
generation of steam power without equipping the smoke-stack with
a screen or other adequate device to prevent the escape from said
smoke-stack of sparks or ignited carbon or soot.
Section 11%. It shall be unlawful for any person, firm, cor-
poration, association, or partnership, either as agent, servant, em-
ployee, employer, or otherwise, to cause, permit or allow smoke,
carbon, or soot from any fire being operated, used, maintained or
fired by such person, firm, corporation, association, or partnership,
to escape from any smokestack, chimney, flue, vent, firebox, kiln
or furnace. (As added by Ordinance No. 319.)
Section 12. All Ordinances and parts of Ordinances in con-
flict with this ordinance are hereby repealed.
Section 13. Every person, firm or corporation, whether as
principal, agent, servant, employee, or otherwise, violating or fail-
ing, neglecting or refusing to comply with any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding Three
Hundred ($300.00) Dollars, or by imprisonment for not more than
six months, or by both such fine and imprisonment, and each such
person, firm or corporation shall be deemed guilty of a separate
offense for each day during any portion of which the violation of
o: failure, neglect or refusal to comply with any of the provisions
of this ordinance is committed, continued or permitted. (Amended
by Ordinance No. 390)
Section 13-A. Whenever any person is arrested for any viola-
tion of the provisions of this Ordinance, unless such person de-
mands the right to an immediate appearance before a magistrate,
the arresting officer shall, upon production of satisfactory evidence
of the latter's identity, take the name and address of such person
and notify him in writing to appear at a time and place to be
specified in such notice, such time to be at least five days after
such arrest and such place to be before the City Judge. Whereupon
such officer shall, upon the giving by such person of his written
120 ORDINANCE NO. 280
promise to appear at such time and place, forthwith release him
from custody.
Whenever any such person refuses to give his written promise
to appear as herein provided for or demands an immediate appear-
ance before the City Judge, he shall be taken forthwith before the
City Judge. He shall then be entitled to at least five days con-
tinuance of his case in which to prepare to plead or prepare for
trial and he shall not be required to plead or be tried with-
in five days unless he waives such time in writing or in open court;
provided, that he gives his written.promise to appear at such time
and place as the court may fix for his further appearance or, upon
his refusal to give such promise, upon such bail as the court may
fix and he shall thereupon be released from custody.
Any person who wilfully violates his promise given in accord-
ance with this section shall be guilty of a misdemeanor regardless
of the disposition of the charge upon which he was originally arrest-
ed. A promise to appear may be complied with by an appearance
by counsel. (13-A Added by Ordinance No. 378)
Enacted April 29, 1926.
ORDINANCE NO. 283 121
ORDINANCE NO. 283
AN ORDINANCE REGULATING AND RELATING TO THE CON-
STRUCTION AND MAINTENANCE OF OUTDOOR ADVERTIS-
ING STRUCTURES IN THE CITY OF HUNTINGTON BEACH.
—O—
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. For the purpose of this Ordinance, certain terms
used herein are defined as follows:
Advertising structure. The term "Advertising Structure" as used
in this Ordinance is hereby defined to be 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, but this defini-
tion shall not be held to include any board, sign or surface used
exclusively to display official notices issued by any court or public
office, or posted by any public officer in performance of a public
duty, nor shall it be held to include any real estate sign adver-
tising "For Sale or Rent" the property upon which it stands, pro-
vided such real estate signs has not a surface area greater than
nine (9) square feet.
Outdoor Advertising. The term "Outdoor Advertising" as used
in this Ordinance is hereby defined to be advertising on any adver-
tising structure, or the pasting, posting, printing, painting, nailing
or tacking or otherwise fastening of any hand-bills, cards, banners,
signs, posters, advertisements or notices of any kind whatsoever
upon any fence, building, property or place.
Street Line. The term "Street Line" as used in this Ordinance
is hereby defined to be the boundary line between the street and
the abutting property.
Face or Wall of Building. The term "Face or Wall of Build-
ing" is hereby defined to be the general outer surface of any main
exterior wall of•a building.
Street. The term "Street" as used herein shall include all public
thoroughfares excepting alleys.
Section 2. It shall be unlawful for any person, firm or cor-
poration to engage in or carry on the business or occupation of
Outdoor Advertising in the City of Huntington Beach without pay-
ing the license fee imposed by this Ordinance.
The license fee imposed by this Ordinance, shall be payable in
advance, and the amount thereof shall be Thirty-Five Dollars ($35.00)
Per year. 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
122 ORDINANCE NO. 283
such payment shall entitle the holder to engage in and carry on the
business or occupation of Outdoor Advertising in accordance with
the provisions of this Ordinance.
Section 3. For the purpose of regulating the erection, construc-
tion and maintenance of advertising structures within the City of
Huntington Beach, the territory of the said City shall be divided
into districts to be designated and known as (1) Business District;
(2) Semi-Business District; (3) Suburban District; and (4) Residence
Districts.
Section 4. The Business District shall consist of and include
all that portions of the City of Huntington Beach within the boundary
of Fire District No. 1 as said district is now or may be hereafter
defined by Ordinance of said City.
Section 5. The Semi-Business District shall consist of an in-
clude all lots and.parcels of land fronting on both sides of the same
street within any block wherein more than fifty per cent of the
occupied frontage on both side of such street within such block is
occupied by buildings, establishments or space, devoted to or utilized
for business purposes as distinguished from purely residential pur-
poses.
For the purpose of this section the term "Block" as defined
mean that portion of a street (hereinafter referred to as the primary
street) between two cross streets which intersect one or both side
lines thereof, provided that in cases where a cross street intersects
only one line of such primary street a straight line joining the
center line of the terminating cross street at its terminus with the
nearest point on the opposite side of said primary street shall limit
the block on the other side of the primary street.
Section 6. Suburban Districts shall consist of and include all
portions of the City of Huntington Beach which are not divided
cr sub-divided into lots of one hundred (100) feet or less frontage
on any public thoroughfare; provided, however, that every block in
which no residential structure is maintained shall be considered a
suburban district for all purposes of this Ordinance.
Section 7. Residence Districts shall consist of and include all
portions of the City of Huntington Beach not included in the busi-
ness, semi-business or suburban districts.
Section 8. It shall be unlawful for any person, firm or cor-
poration to erect or construct, or to 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.
Section 9. It shall be unlawful for any person, firm or cor-
poration, to erect or construct or to cause or permit to be erected
or constructed any advertising structure of an area of more than
nine (9) square feet within fifty (50) feet of a residence within
any suburban district of said City.
Section 10. It shall be unlawful for any person, firm or cor-
ORDINANCE NO. 283 123
poration, to erect, construct or maintain, or to cause or permit to
be erected, constructed or maintained any advertising structure upon
any lot or .premises within the City of Huntington Beach in such
a manner that any portion of-said advertising structure is nearer
to the line of any, public side-walk, street, alley or other public
place, than the front line of the nearest building in the same block.
Section 11. It shall be unlawful for any person, firm or cor-
poration to erect, construct or maintain or to cause or permit to
be erected, constructed or maintained within the City of Huntington
Beach, any advertising structure erected on the surface of the ground
unless all portions of the base line thereof be at least eighteen (18)
inches above the level of the street upon which the advertising
structure faces; provided, however, that a horizontal member six
(6) inches wide or ornamental pilasters and lattice work may be
set between the base line and the ground, but the members com-
prising such lattice work shall be of uniform width and shall be
so placed that the open or clear space between the members of
such lattice work shall be at-least equal to the greatest width of
any member thereof.
Section 12. It shall be unlawful for any person, firm or cor-
poration, to erect, construct or maintain or to cause or permit to
be erected, constructed or maintained within the City of Huntington
Beach any advertising structure with an advertising surface of
more than ten (10) feet six (6) inches in height provided, however,
that an ornamental moulding or cornice not exceeding two (2) feet
in width may be placed around the same.
Section, 13. It shall be unlawful for any person, firm or cor-
poration,, to erect, construct or maintain or to cause or permit to
be erected,erected, constructed or maintained within.the City-of Huntington
Beach, any advertising structure.unless the same be safely ,and
securely built and constructed, and erected upon redwood posts or
standard, sunk'at least three (3) feet 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 at least one-third (%)
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.
Section 14. It shall be unlawful for any person, firm or cor-
poration to erect or construct or to cause or permit to be erected,
constructed or maintained within Fire District No. 1 of the City
of Huntington Beach as said district is now or may be hereafter
established by ordinance of said City, any advertising structure un-
less the surface of the same is built or constructed of metal or other
non-combustible material. The posts or standards upon which the
structure rests and the moldings, cornice, braces and lattice work
may be constructed of wood.
Section 15. It shall be unlawful for any person, firm or cor-
124 ORDINANCE NO. 283
poration, except a public officer or employee in performance of
a public duty or a private person in giving a legal notice, to paste,
post, nail, tack or otherwise fasten any cloth, paper, or card-board
banner, hand-bill, poster, sign or notice o., any kind upon any
building, or upon any wooden faced advertising structure, fence,
enclosure, bulk-head or other frame structure except where a metal
surface has been provided.
Section 16. It shall be unlawful for any person, firm or cor-
poration, 'erectin,, constructing, owning or controlling any adver-
tising structure within the City of Huntington Beach to fail, refuse
or neglect to cause the name of the person, firm or corporation,
erecting, constructing, owning or controlling such advertising struc-
ture to be plainly marked, painted or,outlined upon or above such
advertising in a conspicuous place thereon.
Section 17. It shall be unlawful for any person,, firm or cor-
poration, erecting, constructing, owning or controllin any adver-
tising structure within the City of Huntington Beach to 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 adver-
tising structure. .
Section 18. It shall be unlawful for any person, firm or cor-
poration to exhibit, post or display or to cause or permit to be
exhibited, posted or displayed, any immoral or unlawful act, sug-
gestion, business or purpose.
Section 19. It shall be unlawful for any person, firm or cor-
poration, 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, hand-bill, sign, poster or advertisement
or notice of any kind, or cause the same to be done on any curb-
stone, lamp post, pole, hydrant, bridge, wall or tree upon any side-
walk, street, or public property except as may be required by ordi-
nance or law.
Section 20. It shall be unlawful for any person, firm or cor-
poration, to erect or construct or to cause or permit to be erected,
or constructed or maintained, any advertising structure or sign
device upon any public side-walk, street, alley or other public place
except as may be required by ordinance or law.
Section 21. It shall be unlawful for any person, firm or cor-
poration, to 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.
Section 22. Any person, firm or corporation, either as prin-
cipal, agent or otherwise, desiring such building permit shall file
with the building inspector an application therefor. Such applica-
tion shall set forth the location on which it is proposed to erect
such advertising structures, describing the same by lot or block,
or by any other description by which the same may be readily
ORDINANCE NO. 283 125
located and identified. If the application shows that the erection,
construction, and maintenance of the proposed advertising struc-
ture be in accordance with all the requirements of this Ordinance,
the building inspector shall issue a permit upon the payment by
the applicant of a fee of Fifty Cents (50c) for each Twenty-Five
(25) lineal feet or fractional part thereof of such advertising struc-
ture to be erected and maintained.
Section 23. It shall be the duty of the Building Inspector and
Police department to enforce the provisions of this Ordinance.
Section 24. It any section, sub-section, sentence, clause or
phrase of this Ordinance is for any reason held to be unconstitutional,
void or invalid, the validity of the remaining portion of this Ordi-
nance shall not be affected thereby, it being the intent of the Board
of Trustees of the City of Huntington Beach in adopting this Ordi-
nance that no portion thereof, provision, or regulation contained
therein, shall become inoperative, or fail by reason of any un-
constitutionality or invalidity of any other portion, provision or
i egulation.
0
Section 25. That 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 punishable by
a fine of not more than One Hundred ($100.00) Dollars or by im-
prisonment in the City Jail for a term not exceeding thirty (30)
days, or both said fine and imprisonment.
Enacted June 7, 1926.
ORDINANCE NO. 288 127
ORDINANCE NO. 288
—).
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, REG-
ULATING THE INSTALLATION AND MAINTENANCE OF
GAS METERS WITHIN SAID CITY.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person, firm, or cor-
poration, whether as principal, agent, servant, employee, or other-
wise, to install, connect, operate or maintain, in or along any pipe
line within the City of Huntington Beach, any meter for the measure-
ment of dry gas conveyed through any such line, without first ob-
taining from the City Engineer a permit to so install, connect,
operate and maintain the same. No charge shall be made for such
permit, but the application therefor must be in writing and state
correctly the proposed location of said meter and where the same
is to be installed, connected, operated and maintained, by lot and
block numbers, the character of the meter or meters and the num-
ber or numbers of the same, and the name or names of the per-
son, firm or corporation, or persons, firms, or corporations to be
served through said meter or meters, and the date of proposed in-
stallation of the same.
Section 2. No person, firm, or corporation shall remove or dis-
connect any such meter or meters, when once installed without first
notifying the City Engineer of the City of Huntington Beach of the
intention to remove or disconnect the same, at least twenty-four
hours before such removal or disconnection is made.
Section 3. Any person, firm, or corporation violating any of
the provisions 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 Three Hundred ($300.00) Dollars, or by im-
prisonment for not more than ninety (90) days, or by both such
tine and imprisonment.
Enacted Nov. 1, 1926.
ORDINANCE NO. 322 129
ORDINANCE NO. 322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, RELATING TO AND REGULATING
TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF
HUNTINGTON BEACH AND REPEALING ALL ORDINANCES
INCONSISTENT HEREWITH.
--
The City Council of the City of Huntington Beach do ordain
as follows:
ARTICLE I
Definitions
Section 1. Whenever in this Ordinance the following terms are
used, they shall have the meanings respectively ascribed to them
in this section:
Street. Every way set apart for public travel except alley-
ways, bridle paths and foot paths.
Roadway. That portion of a street between the regularly es-
tablished curb lines.
Sidewalk. That portion of a street between the curb lines
and the adjacent property lines.
Intersection. The area embraced within the prolongation of the
property lines of two or more streets which join at an angle.
Whether or not one such street crosses the other.
Crosswalk. That portion of the roadway included within the
prolongation of curb and property lines at street intersections.
Safety Zone. That marked portion of a roadway reserved for
the exclusive use of pedestrians.
Loading Zone. That space adjacent to a curb reserved for
the exclusive use of vehicles during the loading or unloading of
passengers or materials.
Vehicle. Every device or animal by which any person or prop-
erty is or may be transported or drawn upon a street, excepting
devices moved by human power or used exclusively upon rails.
For the purpose of this Ordinance a bicycle shall be deemed a
vehicle.
Street Car. Every device traveling exclusively upon rails when
upon or crossing a street other than devices propelled by steam.
Operator. Any person who is in actual personal control of a
vehicle or street car.
Traffic. Pedestrians, vehicles and street cars, either singly
130 ORDINANCE NO. 322
or together, while using any-street for purposes of travel.
Business District. The territory contiguous to a street which
is (50) per cent or more of the frontage thereon for a distance of
three hundred (300) feet or more is occupied by buildings in use
for retail or wholesale business; also any territory contiguous to
a street which is immediately adjacent to or a continuation of a
street within a business district when such territory is so designated
by the Chief of Police.
Right of way. The privilege of the immediate use of the street.
Park. To stand a vehicle for a period of time greater than is
reasonably necessary for the actual loading or unloading of persons
or materials.
Official. Warning and Direction Signs and Signals. All warn-
ing and direction signs and signals not inconsistent with this Ordi-
nance heretofore or hereafter placed or erected under this Ordinance
by authority of the City Council.
ARTICLE 11
Section 2. Obedience to Police. Officers of the Police Depart-
ment are hereby authorized to direct all traffic by means of visible
or audible signal and it shall be unlawful for any person to refuse
or fail to comply with any lawful order, signal or direction of a
traffic or police officer. It shall be unlawful for any minor to direct
or attempt to direct traffic, unless authorized so to do by the Chief
of Police.
Section 3. Signs. The City Council shall by resolution deter-
mine and designate the character of all official warning and direc-
tion signs and signals. Subject to this selection the Chief of Police
is hereby authorized, and as to those signs required hereunder it
shall be his duty, to place and maintain or cause to be placed and
maintained all official warning and direction signs and signals. All
signs authorized and required hereunder for a particular purpose
shall be uniform. No provisions of this Ordinance for which signs
are required shall be enforceable against the alleged violator if
at the time and place of the alleged violation the sign herein required
is not in proper position and sufficiently legible to be seen by an
ordinarily observant person.
Section 4. Ordinance to Traffic Signs. It shall be unlawful for
any operator or pedestrian to disobey the instructions of any me-
chanical or electrical traffic signal, traffic sign or mark upon the
street placed in accordance with the provisions of this Ordinance.
No public utility or department in this city shall erect or place
any barrier or sign unless of a type first approved by the Chief
of Police. It shall be unlawful for any operator or pedestrian to
disobey the instructions of any barrier or sign approved, as above
provided, erected or placed by a public utility or by any depart-
ment of this city.
Section 5. Traffic Stop and Go Signal Legend. Whenever
traffic at any intersection is regulated by a stop and go mechanical
ORDINANCE NO. 322 131
or electrical signal, the following colors may be used, and none
other, and those colors herein authorized shall indicate as follows.
Red, except in flashing signals, requires that traffic shall stop
and remain standing.
Green requires that traffic shall move and continue in motion,
except when stopped for the purpose of avoiding an accident or in
the event of other emergency or when stopped at the command of
a police officer.
Amber shall indicate preparation for a change in the direction
of traffic movement. When amber is shown no traffic shall enter
the intersection until a green or "Go" signal is shown.
Bells. The ringing of a bell in connection with any mechanical
or electric signal shall indicate preparation for a change in the
direction of traffic movement. When such bell is sounded no traffic
shall enter the intersection until a green or "Go" signal is shown.
Section 6. Crosswalks Established. The Chief of Police is here-
by authorized and required to establish and maintain and to designate
upon the surface of the roadway, by appropriate devices, marks
or white or yellow lines, crosswalks approximately equal in width
to the adjacent sidewalk at all intersections where in his opinion
there is particular danger to pedestrians crossing the roadway.
When crosswalks are established and maintained outside a busi-
ness district, the Chief of Police shall by appropriate devices, marks
or white or yellow lines, mark and maintain along the surface of
the roadway an arrow not less than twelve (12) inches wide in
the shaft and not.less than thirty (30) feet long, pointing in the di-
rection of such crosswalk, together with the word SLOW in block
letters not less than twenty-four (24) inches high and not less than
four (4) inches wide one hundred (100) feet distant from each
crosswalk so established.
Section 7. Display of Unauthorized Signs Prohibited. 'It shall
be unlawful for any person to place or maintain or to display any
device, other than an official warning or direction sign or signal
erected under competent authority, upon or in. view of a street,
which purports, to be, or is an imitation of, or resembles, an official
warning or direction sign or signal, or which attempts to .direct
the movement of traffic or the actions of operators,, and any such
prohibited device shall be a public nuisance and the Chief of Police
may remove it, or cause it to be removed, without notice.
It shall be unlawful for any person to wilfully deface, injure,
move or interfere with any official warning or direction sign or
signal.
Section 8. Police and Fire Vehicles Exempt from'Certain Rules.
The provisions of this Ordinance regulating the movement, parking
and standing of vehicles shall not apply to emergency vehicles of
the police or sheriff's office or of the Fire Department or of a
public utility while the driver or any such vehicle is engaged in
132 ORDINANCE NO. 322
the necessary performance of public emergency duties.
ARTICLE 111
Pedestrians
Sections 9. Pedestrian's Right of Way at Intersection. (a)
It shall be unlawful for the operator of any vehicle or street car
to drive into any crosswalks which is marked as provided in Section
6 of this Ordinance, while there is in such crosswalk upon the half
of the roadway upon which such vehicle is traveling any pedestrian
engaged in crossing the roadway until such pedestrian shall have
passed beyond the path of said vehicle.
(b) It shall be unlawful for the operator of any vehicle to
drive into any unmarked crosswalk where there is in such crosswalk
upon the half of the roadway upon which such vehicle is traveling
any pedestrian engaged in crossing the roadway until such pedes-
trian shall have passed beyond the path of such vehicle, when the
pedestrian shall indicate his intention to cross by a timely and
continuous warning by holding up his hand palm out toward the
approaching traffic.
(c) The operator of a vehicle shall stop before entering any
crosswalk when any other vehicle proceeding in the same direction
is stopped at such crosswalk.
(d) The foregoing provisions of this section shall not apply
at intersections where traffic is being directed by an officer or
traffic stop and go signal, at which intersections the mutual rights
of pedestrians and operators of vehicles shall be exercised under
the direction of the officer or traffic signals.
Section 10. Pedestrian's Limited Right to Use of Roadway.
When within a business district, no pedestrian shall cross a road-
way other than by a crosswalk.
Outside of a business district no pedestrian shall cross a road-
way other than by a route at right angles to the curb and when
crossing at any place other than a crosswalk shall yield the right
of way to all vehicles upon the roadway.
It shall be unlawful for any person to stand in a roadway for
the purpose of or while soliciting a ride from the operator of any
private vehicle.
Section 11. Pedestrians to Obey Signals. At intersections where
traffic is directed by a traffic or police officer or by a traffic stop
and go signal,"it shall be unlawful for any pedestrian to cross the
roadway other than with released traffic.
Section 12. Pedestrians Standing on Sidewalks. In any busi-
ness district it shall be unlawful for any pedestrian to stand on
ORDINANCE NO. 322 131
or electrical signal, the following colors may be used, and none
other, and those colors herein authorized shall indicate as follows.
Red, except in flashing signals, requires that traffic shall stop
and remain standing.
Green requires that traffic shall move and continue in motion,
except when stopped for the purpose of avoiding an accident or in
the event of other emergency or when stopped at the command of
a police officer.
Amber shall indicate preparation for a change in the direction
of traffic movement. When amber is shown no traffic shall enter
the intersection until a green or "Go" signal is shown.
Bells. The ringing of a bell in connection with any mechanical
or electric signal shall indicate preparation for a change in the
direction of traffic movement. When such bell is sounded no traffic
shall enter the intersection until a green or "Go" signal is shown.
Section 6. Crosswalks Established. The Chief of Police is here-
by authorized and required to establish and maintain and to designate
upon the surface of the roadway, by appropriate devices, marks
or white or yellow lines, crosswalks approximately equal in width
to the adjacent sidewalk at all intersections where in his opinion
there is particular danger to pedestrians crossing the roadway.
When crosswalks are established and maintained outside a busi-
ness district, the Chief of Police shall by appropriate devices, marks
or white or yellow lines, mark and maintain along the surface of
the roadway an arrow not less than twelve (12) inches wide in
the shaft and not less than thirty (30) feet long, pointing in the di-
rection of such crosswalk, together with the word SLOW in block
letters not less than twenty-four (24) inches high and not less than
four (4) inches wide one hundred (100) feet distant from each
crosswalk so established.
Section 7. Display of Unauthorized Signs Prohibited. It shall
be unlawful for any person to place or maintain or to display any,
device, other than an official warning or direction sign or signal
erected under competent authority, upon or in view of a street,
which purports to be, or is an imitation of,.or resembles, an official
warning or direction sign or signal, or which attempts to direct
the movement of traffic or the actions of operators, and any such
prohibited device shall be a public nuisance and the Chief of Police
may remove it, or cause it to be removed, without notice.
It shall be unlawful for any person to wilfully deface, injure,
move or interfere with any official warning or direction sign or
signal.
Section 8. Police and Fire Vehicles Exempt from Certain Rules.
The provisions of this Ordinance regulating the movement, parking
and standing of vehicles shall not apply to emergency vehicles of
the police or sheriff's office or of the Fire Department or of a
public utility while the driver or any such vehicle is engaged in
132 ORDINANCE NO. 322
the necessary performance of public emergency duties.
ARTICLE 111
Pedestrians
Sections 9. Pedestrian's Right o; Way at Intersection. (a)
It shall be unlawful for the operator of any vehicle or street car
to drive into any crosswalks which is marked as,provided in Section
6 of this Ordinance, while there is in such crosswalk upon the half
of the roadway upon which such vehicle is traveling any pedestrian
engaged in crossing the roadway until such pedestrian shall have
passed beyond the path of said vehicle.
(b) It shall be unlawful for the operator of any vehicle to
drive into any unmarked crosswalk where there is in such crosswalk
upon the half of the roadway upon which such vehicle is traveling
any pedestrian engaged in crossing the roadway until such pedes-
trian shall have passed beyond the path of such vehicle, when the
pedestrian shall indicate his intention to cross by a timely and
continuous warning by holding up his hand palm out toward the
approaching traffic.
(c) The operator of a vehicle shall stop before entering any
crosswalk when any other vehicle proceeding in the same direction
is stopped at such crosswalk.
(d) The foregoing provisions of this section shall not apply
at intersections where traffic is being directed by an officer or
traffic stop and go signal, at which intersections the mutual rights
of pedestrians and operators of vehicles shall be exercised under
the direction of the officer or traffic signals.
Section 10. Pedestrian's Limited Right to Use of Roadway.
When within a business district, no pedestrian shall cross a road-
way other than by a crosswalk.
Outside of a business district no pedestrian shall cross a road-
way other than by a route at right angles to the curb and when
crossing at any place other than a crosswalk shall yield the right
of way to all vehicles upon the roadway.
It shall be unlawful for any person to stand in a roadway for
the purpose of or while soliciting a ride from the operator of any
private vehicle.
Section 11. Pedestrians to Obey Signals. At intersections where
traffic is directed by a traffic or police officer or by a traffic stop
and go signal, it shall be unlawful for any pedestrian to cross the
roadway other than with released traffic.
Section 12. Pedestrians Standing on Sidewalks. In any busi-
ness district it shall be unlawful for any pedestrian to stand on
ORDINANCE NO. 322 133
the sidewalks, except as near as is physically possible to the build-
ing line or to the curb line.
ARTICLE IV
Rules for Driving
Section 13. Method of Approach for Left Turn. The operator
of a vehicle intending to turn to the left at an intersection or into
an alley or driveway shall approach the point of turning in the
line of traffic next to the center of the roadway.
Section 14. Method of Turning to Left at Intersection. The
operator of a vehicle in turning left at an intersection shall pass to
the right of the center of the intersection before turning, except
that where markers have been placed upon the intersection boundary
lines to be crossed by vehicle, the operator shall pass to the right
of such markers.
Section 15. Location of Turning Markers. The Chief of Police
is hereby authorized, and as to those intersections mentioned in the
following sub-division (1) of this section it shall be his duty, to
place or cause to be placed turning markers in intersections as
follows:
(1) Within intersections where either intersecting roadway is
less than sixty (60) feet in width and in intersections where streets
meet at other than right angles and in intersections where one
street terminates in another, a marker shall be placed at every
intersection of the medial line of each street with the prolongation
of the property lines of the intersecting street, or as near the in-
tersecting point of said lines as may be practical.
(2) Intersections other than those mentioned in paragraph (1)
may be marked as provided in paragraph (1) or a single marker
may be placed within such intersection at the intersection of the
medial lines of intersecting streets.
Section 16. Left Turns Prohibited. The operator of a vehicle
shall not between the hours of seven (7) A. M. and six (6) P. M.
of any day except Sunday make a left turn at any intersection
when so designated by Resolution of the City Council.
Signs shall be erected and maintained designating the provisions
of this section.
Section 17. Method of Approach for Right Turn. The operator
of a vehicle intending to turn to the right at an intersection or
into an alley or driveway shall approach the point of turnings in
the line of traffic nearest the righthand edge of curb of the street.
Section 18. When Right Turns May Be Made. The operator
of a vehicle may make a right turn at any intersection irrespective
of a traffic signal subject to the right of pedestrians at such in-
tersection.
Section 19. When Turning Around at Intersections. The op-
erator of a vehicle may turn such vehicle at an intersection in a
134 ORDINANCE NO. 322
complete circle or so as to proceed in the opposite direction.
Section 19 (a) U Turns. The City Council of the City of Hunt-
ington Beach may by resolution designate any intersection of public
highways at which intersection no U turn in a complete circle may
be made, and upon the posting of signs indicating the fact that no
U turn is permitted in such intersection it shall be unlawful for
the operator of any vehicle to turn said vehicle in a complete circle
or so as to proceed in the opposite direction,.or to make a U turn
at said intersection. (Added by Ordinance No. 334.)
Section 19 (b). The City Council is hereby authorized to es-
tablish over an appropriate street or streets and to designate by
proper signs through traffic routes for the movement of vehicles
of two(2) or more tons' capacity designed for carrying merchandise,
freight or material. When any such through traffic route or routes
are established and designated by appropriate signs, the operator
of any vehicle mentioned in this paragraph shall drive on such
route or routes and none other, except when it is impracticable to
do so, or when necessary to traverse another street or streets to
an intersection for the purpose of loading or unloading, but then
only by such deviation from the nearest freight route as is rea-
sonably necessary. (Added by Ordinance No. 334.)
Section 20. Driving from Alleys. The operator of a vehicle
emerging from an alley, driveway or garage, in the business dis-
trict shall stop such vehicle immediately prior to driving onto a
sidewalk or onto the sidewalk area extended across any alleyway.
Section 21. Vehicles Shall Not Be Driven On Sidewalk. The
operator of a vehicle shall not drive within any sidewalk area ex-
cept at a permanent or temporary driveway.
Section 22. Certain Vehicles Prohibited in Business District.
It shall be unlawful for the operator of any of the following ve-
hicles 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.
1. Any vehicle so loaded that any part of its load extends
more than three (3) feet to the front or more than ten (10) feet
to the rear of said vehicle.
Section 23. The following street intersections in the City of
Huntington Beach are hereby designated as "STOP" intersections:
1. Main Street and Walnut Avenue.
2. Main Street and Olive Avenue.
3. Main Street and Magnolia Avenue.
4. Main Street and Fifth Street and Frankfort Street Extension.
5. Main Street and Seventeenth Street.
6. Lake Street and Frankfort Street Extension.
7. Seventeenth Street and Orange Avenue.
8. Delaware Avenue and Indianapolis Street.
9. Delaware Avenue and Frankfort Street.
All vehicles entering or crossing said intersections are hereby
ORDINANCE NO. 322 135
required to stop at the following entrances thereof, provided
said entrances are clearly marked or sign-posted as required by
the Vehicle Code of the State of California:
1. Main Street and Walnut Avenue: All vehicles entering or
crossing said intersection from T7Palnut Avenue are required to stop
at the entrance thereof.
2. Main Street and Olive Avenue: All vehicles entering or
crossing said intersection from Olive Avenue are required to stop
at the entrance thereof.
3. Main Street and Magnolia Avenue: All vehicles entering
cr crossing said intersection from Magnolia Avenue are required
to stop at the entrance thereof.
4. Main Street and Fifth Street and Frankfort Street Exten-
sion: All vehicles entering or crossing said intersection from Fifth
Street or from Frankfort Street Extension are required to stop
at the entrance thereof.
5. Main Street and Seventeenth Street: All vehicles entering
or crossing said intersection from Seventeenth Street are required
to stop at the entrance thereof.
6. Lake Street and Frankfort Street Extension: All vehicles
entering or crossing said intersection from Lake Street are required
to stop at the entrance thereof.
7. Seventeenth Street and Orange Avenue: All vehicles en-
tering or crossing said intersection from Orange Avenue are required
to stop at the entrance thereof.
8. Delaware Avenue and Indianapolis Street: All vehicles en-
tering or crossing said intersection from Indianapolis Street are re-
quired to stop at the entrance thereof.
9. Delaware Avenue and Frankfort Street: All vehicles en-
tering or crossing said intersection from Delaware Avenue on the
northerly side of Frankfort Street are hereby required to stop at
said northerly entrance.
The Chief of Police is hereby authorized and directed to place
and maintain a "STOP" sign at or near the entrance of the inter-
section where said stop is required. Said "STOP" sign shall comply
with the provisions of said Vehicle Code of the State of California.
(Amended by Ordinance No. 428.)
Section 24. Following Fire Apparatus Prohibited. It shall be
unlawful for the operators of any vehicle, other than one on offi-
cial business, to follow any fire apparatus traveling in response to
a fire alarm, closer than five hundred (500) feet.
Section 25. Crossing Fire Hose. No street car or vehicle shall
be driven over any unprotected hose of the Fire Department when
laid down on any street, private driveway or street car track, with-
136 ORDINANCE NO. 322
out the consent of the Fire Chief or the assistant in command.
Section 26. Bicycle Riding Restricted. It shall be unlawful to
ride a bicycle upon any sidewalk. The rider of a bicycle upon a
roadway shall ride as nearly as practicable within five (5) feet of
the righthand curb or edge of the roadway except when passing
a standing or other vehicle or making a lefthand turn at an inter-
section.
Section 27. Riding on Handle Bars Prohibited. It shall be un-
lawful for the operator of any bicycle or motorcycle when upon a
street to carry any other person upon the bar, handle or tank of
any such vehicle or for any person to so ride upon any such vehicle.
Section 28. Unlawful to Drive Through Funeral Procession. It
shall be unlawful for the operator of any vehicle to drive between
the vehicles comprising a funeral procession, provided that such
vehicles are conspicuously so designated.
Section 29. Clinging to Moving Vehicles. It shall be unlawful
for any person traveling upon any bicycle, motorcycle or any toy
vehicle to cling to or attach himself or his vehicle to any other
moving vehicle or street car upon any roadway.
Section 30. Use of Coasters, Roller Skates and Similar De-
vices Restricted. 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.
ARTICLE V
Stopping, Standing and Parking
Section 31. Stopping Prohibited in Specified Places. It shall
be unlawful for the operator of a vehicle to stop such vehicle in
any of the following places except when necessary to avoid con-
flict with other traffic or in compliance with the direction of a
police officer or traffic sign or signal:
(1) In an intersection.
(2) In a crosswalk.
(3) Between a safety zone and the adjacent curb or within
twenty (20) feet of a point on the curb immediately opposite the
end of a safety zone.
(4) Within fifteen (15) feet of an intersecting roadway except
busses at a designated bus stop.
Upon all streets within any business district the Chief of Police
shall designate the provisions of paragraph (3) and (4) of this sec-
tion by placing and maintaining red paint or other red material
upon the entire curb surface within areas omitting any crosswalk
area or by placing and maintaining appropriate signs directing that
the stopping of vehicles is prohibited.
Section 32. Standing for Loading Only in Certain Places.
(a) It shall be unlawful for the operator of a vehicle to stop said
vehicle for a period of time longer than is necessary for the load-
ORDINANCE NO. 322 137
ing or unloading of passengers or material, provided that the load-
ing 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:
1. At any curb where the grade of the street exceeds twelve
per cent (12%):
2. In any alley:
3. In any "Loading Zone":
4. At any curb within twenty-five (25) feet of the entrance
to any hospital:
5. At any curb within fifty (50) feet of the entrance to any
police station:
6. At any curb within fifteen (15) feet of a fire plug:
7. In any marked bus stop.
(b) The Chief of Police shall determine the location of "Load-
ing Zones" and shall mark by appropriate signs or as specifically
required herein those places where standing for loading only is
permitted under this section, subject to the following requirements
and limitations:
Bus stops shall be designated by appropriate signs at those
places determined by the Chief of Police, except that a bus stop
shall not exceed fifty (50) feet in length and shall not be placed
adjacent to a safety zone at a street car stop:
Every loading zone, also that portion of every curb reserved
for loading only by paragraphs 4, 5, and 6 of Sud-division (a) of
this section shall be designated by yellow paint or other yellow
material upon the entire curb surface therein with the words: "LOAD-
ING ONLY" in black letters thereon:
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.
Section 33. Parking Time Limit in Specified Places. The op-
erator of a vehicle shall not park such vehicle for longer than two
hours within any portion of any street in said City between the
hours of 9 A. M. and 6 P. M. of any day, which portion of such
street has been designated by resolution of the City Council of the
City of Huntington Beach as subject to a two hour parking limit.
The Chief of Police shall erect or cause to be erected and maintain
and cause to be maintained not more than one hundred fifty (150)
feet apart in each block subject to two-hour parking limit, signs
designating the provisions of this section. (Amended by Ordinance
No. 373.)
Section 34. Early Morning Parking Limited. It shall be un-
lawful for the operator of any vehicle to park said vehicle on any
street for a period of time longer than thirty (30) minutes between
the hours of 2 A. M. and 4 A. M. of any day.
Section 35. Standing or Close to Curb. The operator of a
138 ORDINANCE NO. 322
vehicle shall not stop, stand or park such vehicle in a roadway
other than parallel with the curb and with the two righthand
wheels of vehicle within one (1) foot of the regularly established
curb line, except that upon those streets which have been marked
for angle parking, as provided in this section vehicles shall be
parked at the angle to the curb indicated by such marks.
The City Council by Resolution or the Chief of Police is hereby
authorized to determine upon what streets angle parking shall be
permitted and to indicate such places by the painting of white or
yellow lines upon the surface of the roadway to indicate the proper
angle for parking, provided that such lines shall not be placed upon,
nor shall angle parking be permitted upon any street where such
parking would diminish the width of the roadway available for
travel to less than twenty (20) feet, nor upon any street which is
a continuation of or part of a county trunk line highway or a state
highway unless a clear width of forty (40) feet is left for the move-
ment of vehicles when angle parking is permitted.
The Chief of Police is hereby authorized to prohibit the park-
ing of vehicles, provided appropriate signs are placed and main-
tained 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.
Section 35 (a). It shall be 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 the City of Huntington Beach, and on Walnut
Avenue between Third Street and Fifth Street in said City, except
at loading zones regularly designated and marked as in this Ordi-
nance provided; provided, however, that the Chief of Police of the
City of Huntington Beach 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; and further provided that no loading
zones shall be designated or marked on Main Street between Ocean
Avenue and Olive Avenue. (Added by Ordinance No. 422.)
Section 36. Parking Vehicles for Sale. It shall be unlawful for
the operator of any vehicle to park the same upon any street for
the purpose of displaying it for sale, or to park any vehicle upon
any street in any business district from which said vehicle mer-
chandise is being sold.
Section 37. Riding on Vehicle Running Board. It shall be
unlawful for any person to ride upon the fender or running board
of any vehicle.
Section 38. Railway Trains and Street Cars Not to Block
Street. It shall be unlawful for the operator of any steam, inter-
urban or street railway train or car to operate the same in such
ORDINANCE NO. 322 139
a manner as to prevent the use of any street for purposes of travel
for a period of time longer than five (5) minutes.
ARTICLE VII
Penalties
Section 39. Penalties. Any person violating any of the pro-
visions of this Ordinance, or any rule or regulations made by the
City Council or the Chief of Police pursuant thereto, shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished
by fine not to exceed three hundred dollars ($300.00) or by imprison-
ment in the County Jail of Orange County, for not more than three
months (3), or by both such fine and imprisonment in the discretion
of the court.
Enacted Dec. 3, 1928.
ORDINANCE NO 324 141
ORDINANCE NO. 324
—i--
AN ORDINANCE REQUIRING OWNERS OF VICIOUS DOGS TO
KEEP THEM UNDER CONTROL AND PROVIDING FOR PEN-
ALTIES FOR VIOLATIONS OF THE PROVISION HEREOF.
—4--
The City Council of the City of Huntington Beach do ordain
as follows:
Section 1. It shall be the duty of the Chief of Police, upon
receiving an affidavit from any person who has been bitten by a
dog or from any person who has witnessed such occurrance, to
notify the owner, possessor, or custodian of such dog in writing,
to keep such dog, at all times, on the property or premises where
such owner, possessor, or custodian resides, or on the property or
premises of any person to whom the custody of such dog may be
given, and to post a notice conspicuously on such premises bearing
the words "BEWARE OF DOG", in letters at least one and one-half
inches high, or to securely hold said dog or cause said dog to be
securely held by a leash or other device or means, so as to prevent
said dog from wandering, straying, or getting beyond the control of
its custodian.
Section 2. After the receipt by the owner, possessor, or cus-
todian of such dog, of the notice provided for in Section 1 hereof,
said owner, possessor, or custodian shall, at all time thereafter,
keep such dog, or cause such dog to be kept on the property or
premises where such owner, possessor, or custodian resides, or on
the property or premises where the person resides to whom the
custody of such dog has been given, and post a notice conspicuously
on such premises, bearing the words "BEWARE OF DOG" in letters
at least one and one-half inches high, or such owner, possessor,
or-custodian shall securely hold said dog, or cause said dog to be
securely held by a leash or other device or means, to prevent said
dog from wandering, straying or getting beyond the control of said
owner, possessor, or custodian.
Section 3. Any person violating any of the provisions of this
Ordinance shall be ,guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not exceeding one hundred
dollars ($100.00), or by imprisonment in the County Jail of Orange
County, not exceeding thirty (30) days, or by both such fine and
imprisonment, and in the event of a failure to pay any fine so
levied, the same may be collected by imprisonment in the County
Jail at the rate of one (1) day for each dollar of the fine.
Enacted April 8, 1929.
ORDINANCE NO. 325 143
ORDINANCE NO. 325
—O—
AN ORDINANCE PROHIBITING THE DISTRIBUTING OF HAND
BILLS AND CIRCULARS IN THE CITY OF HUNTINGTON
BEACH.
The City Council of the City of Huntington Beach do ordain as
follows:
Section 1. It shall be unlawful for any person, firm, co-part-
nership, association or corporation, either as owner, agent, servant,
employee or distributor of another, or acting in his, its or their
own behalf, to throw, cast, leave, place, deposit or distribute any
hand bills, dodgers, newspapers or other form or kinds of adver-
tisement, propaganda, notice or announcements in or upon any pub-
lic street, highway, thorough-fare, alley or other public place in the
City of Huntington Beach or upon any private property or place
in said city without the consent of the owner or person in possession
of such private property or place.
Section 2. Any person violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding one hundred dol-
lars ($100.00) or by imprisonment in the County Jail of Orange
County, not exceeding thirty (30) days or by both such fine and
imprisonment and in the event of a failure to pay any fine so levied,
the same may be collected by imprisonment in the County Jail
at the rate of one day for each dollar of the fine.
Enacted April 8, 1929.
•
ORDINANCE NO. 327 145
ORDINANCE NO. 327
—4—
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH LIC-
ENSING ALL KINDS OF BUSINESS CARRIED ON IN THE
THE CITY OF HUNTINGTON BEACH, FIXING THE RATE
OF LICENSE TAX UPON THE SAME, PROVIDING PENAL-
TY FOR ALL VIOLATIONS THEREOF, AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH.
The Board of Trustees of the City of Huntington Beach do
ordain as follows:
Section 1. It shall be unlawful for any person or persons,
firm, co-partnership or corporation, or for any person as agent,
servant, clerk or employee, or for himself or for any other person,
firm, co-partnership or corporation within the corporate limits of
the City of Huntington Beach to transact, engage in or carry on
any pursuit, trade, occupation, avocation, employment, business or
calling herein specified until he, she, they or it shall have first
cbtained a license therefor as in this Ordinance required.
Each and every day or fractional part of a day that said pur-
suit, trade, occupation, avocation, employment, business or calling
in this Ordinance specified is conducted or carried on without such
license, shall constitute a violation of this Ordinance, and any per-
son, who, for himself, or for any other person, firm, co-partnership
or corporation shall violate any of the provisions of this Ordinance,
shall, for each violation thereof, be deemed guilty of a misde-
meanor, and upon conviction by any court having jurisdiction there-
of, shall be fined therefor in a sum not in excess of $200.00 or
shall be imprisoned in the City or County Jail not exceeding thirty
(30) days, or by both such fine and imprisonment; provided, how-
ever, that if any person shall furnish such evidence as shall satisfy
the Chief of Police and the City Clerk, that he or she, by reason
of misfortune or physical infirmity, merits exemption from any
section or clause of this Ordinance, a free license may be issued
to such a party for a limited number of consecutive days to be
specified in such license, not in any event to exceed sixty (60)
days in any one fiscal year, nor shall more than one license be
issued to or for the benefit of any such person in any one fiscal
year, under this proviso, and providing further, that any honor-
ably discharged soldier, sailor or marine of the United States, shall
have the right to hawk, peddle and vend any goods, wares or
merchandise not otherwise unlawful, by and for himself, only, with-
out the payment of any license tax or fee whatsoever, and a license
shall be issued to each such soldier, sailor or marine, without cost
upon presentation of his certificate of honorable discharge from
the Army, Navy or Marine Corp of the United States, and upon
proof of his identity to the officer issuing the same, provided, how-
ever, that nothing contained herein shall be construed to do away
146 ORDINANCE' NO. 327
with the necessity of obtaining the license herein mentioned in any
case whatsoever.
Annual licenses shall date from the first day of July; quar-
ter annual licenses shall date from the first day of July, October,
January and April of the year in which they are issued; monthly
licenses shall date from the first day of the month in which they
are issued. Where licenses are issued hereunder for the unexpired
part of the annual or quarter-annual term, the amount of license
fee required shall be proportioned accordingly; provided that the
minimum license fee for an unexpired annual term shall be one-
quarter of the annual license fee, and the minimum license fee
for an unexpired quarter-annual term shall be one-third thereof.
All licenses shall be paid for in advance and no rebate given for
any unused portion of the term.
All licenses issued under the provisions of this Ordinance shall
be posted in the place of business of licensee named in such lic-
ense, and the said license shall be produced by the licensee when-
ever the same shall be required by the Chief of Police, or any
other officer of the City.
It is hereby made the duty of the Chief of Police to enforce
all the provisions of this Ordinance. No personal demands or no-
tices by the Chief of police to such persons owing such license tax
shall be necessary to incur the penalties of this Ordinance.
Section 2. All licenses issued under and by virtue of this
Ordinance shall be printed in blank form signed by the Clerk of
the City of Huntington Beach. The City Clerk shall set forth in
said license the name of the party to whom the license is issued.
the nature of the trade or business, he, she, they or it are licensed
to pursue, the time for which the same is granted, the date thereof,
the amount paid therefor, and the location where said trade, busi-
ness, calling or avocation is carried on, or proposed to be carried
on.
The City Clerk shall cause to be printed a sufficient number
of such license forms as may be required for one year, in book
form with blank stub to each, and shall deliver the same to the
Chief of Police from time to time as may be required and charge
the Chief of Police therewith, who shall appear at the office of the
City Clerk on the first Monday in each month and settle for the
licenses sold; provided, however, that all licenses now issued shall
be good for the time for which such licenses were issued, unless
sooner revoked by the Board of Trustees.
The City Clerk shall on application of the Chief of Police
issue to him such blank licenses as may be required, receiving at
the time of issuing same, from the Chief of Police, a statement of
the person to whom issued and the time of commencement and
expiration of said license, which statement must be inserted by the
City Clerk on the stub of said license issued and which stub must
ORDINANCE NO. 327 147
be kept in the office of the City Clerk.
Section 3. Any license granted or issued under the provisions
of this ordinance shall authorize the licensee to transact or carry
cn the business„or calling therein named at the place therein des-
ignated and no other, and the said license shall not be transfer-
able nor assignable except by the approval of the City Clerk, ex-
cept as provided herein. No license shall be granted if any prior
license fee remains unpaid.
Each licensee, under this ordinance, shall be personally re-
sponsible for the proper operation of the business which he may be
licensed to conduct hereunder and for the observance of all laws
and ordinances applicable thereto by anyone engaged in or connect-
ed with said business.
Any licensee who shall permit a violation of the city Ordi-
nances or state laws or of the laws of the United States of Ameri-
ca within his licensed establishment shall be subject to having his
license suspended or permanently revoked by the City Council. Any
license issued hereunder may be revoked by the City Council upon
its own motion or upon the verified complaint of any citizen or res-
ident of the City of Huntington Beach and satisfactory and con-
vincing proof that the licensee is conducting the business licensed in
such a manner as to be detrimental to the public health, morals or
safety. No such license shall be revoked except upon a hearing
by the City Council, of which hearing the licensee shall have had
not less than ten (10) days' notice. Such notice, written and
served upon the licensee either personally or by registered mail,
and when by registered mail, deposited in the United States Post
Office at Huntington Beach, California 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 prepaid there-
on, shall be sufficient notice. At such hearing the licensee shall be
entitled to be represented by counsel and shall be given full op-
portunity to show cause why his license should not be revoked.
(Amended by Ordinance No. 372)
Section 4. No license shall be issued for any livery or feed
stable, public laundry, where washing is done for hire, hotel lodg-
ing house, service station, gasoline plant, topping plant, oil re-
finery, absorption plant, warehouse, supply or storage depot or yard,
cracking plant, dance hall, oil distillery, chop house, coffee house,
bakery, restaurant, lunch counter, shooting gallery, stand or place
where fire works or novelties are sold, billiard room, pool room,
pocket billiard room, skating rink, merry-go-around, bowling alley,
transportation of passengers by boat or aeroplane or automobile
for hire, or fortune telling, clairvoyance and kindred practices,
garage, creamery, auction house, junk dealers or collectors, wreck-
ing houses or handling second-hand automobiles, stands or places
on the public streets, or peanut venders, tamale stands or lunch
wagons, nor shall the same be assigned or transferred, except on
the order of the City Council of the City of Huntington Beach, and
148 ORDINANCE NO. 327
then only upon payment of transfer fee of One Dollar ($1.00), and
whenever any person, persons, firm, co-partnership or corporation
desires to open or keep any business specified in .this section, he,
she, they or it, shall petition the City Council to order a license
therefor, which petition shall set forth the name of the applicant,
the character. of the business and the location of the premises
where the business is to be conducted, and on the hearing of said
petition the said Council may grant the same in whole or in part,
or may reject the same and no license shall be issued thereon ex-
cept as ordered by said Council. Where any business in this sect-
ion specified may become dangerous to or affect the public health,
peace or safety, the City Council may refuse to grant the license.
(Amended by Ordinance 396)
Section 5. All police officers are hereby appointed inspectors
of licenses and in addition to their several duties as police officers
are hereby required to examine all places of business and persons
in the City of Huntington Beach liable to pay license for the trans-
action or carrying on of any business, profession, avocation, trade,
calling or occupation as provided by this Ordinance, and to see that
such licenses are taken out, and shall exercise in connection with
their said duties as license inspectors the power to make arrests
for violation of any of the provisions of this Ordinance; to enter
without charge at any time any place of business for which a lic-
ense is required by this Ordinance and to demand the exhibition
of such license for the current term, and if any such person shall
there and then fail to exhibit such license, such person shall be
liable to the penalty provided for a violation of this Ordinance.
It is hereby made the duty of the police officers to cause
complaint to be filed against all persons violating any of the pro-
visions of this Ordinance.
The Chief of Police is hereby directed to carry into effect the
provisions of this section.
Section 6. The conviction and punishment of any person trans-
acting or carrying on any business, trade, calling, profession, avoca-
tion or occupation in the City of Huntington Beach without a
license as provided by this Ordinance, shall not excuse or exempt
such person from the payment of any license due or unpaid at the
time of such conviction and nothing herein shall prevent the com-
mencement and maintenance in a court of competent jurisdiction
of an action to recover such license tax.
In no case shall any mistake by the said City Clerk or any
officer of the City of Huntington Beach in stating the amount or
terms of such license, or the time for which same is to run, pre-
vent or prejudice the collection by the City of what shall be act-
ually due with all costs from anyone carrying on a business, trade,
calling, profession or occupation without the license provided by
this Ordinance.
Section 7. The provisions of this Ordinance shall not apply
to churches, religious societies, fraternal societies, patriotic societies
ORDINANCE NO. 327 149
or charitable societies of the City of Huntington Beach.
Section 8. The rate of license for carrying on the pursuit,
trade, occupation, avocation, employment, business or calling speci-
fied in this Ordinance, shall be as follows:
Section 9. Any person, firm or corporation conducting or
carrying on a business of any kind or description anywhere in the
City of Huntington Beach, a license for which is not otherwise pro-
vided for in this Ordinance or any other ordinance of this City,
shall obtain a general business license, and the rate for such license
is hereby fixed at $12.00' per annum.
Section 10- The rate of license for engaging in or carrying on
the business of peddling from place to place on public streets any
merchandise not otherwise specifically licensed herein, is hereby
fixed at $50.00 per annum or $10.00 per day, which license tax
shall cover one person only, and an additional like fee shall be
paid for each additional person so engaged. If such additional
fees are paid duplicate licenses shall be issued for each person so
licensed. The provisions of this section shall not affect delivery-
men or employees of any holder of a general business license in the
City of Huntington Beach delivering merchandise sold at or through
such place of business.
No license shall be required of any individual peddling any
vegetables, fruits, nuts, meats, flowers, nursery stock, poultry, eggs,
or dairy products raised or produced by the individual peddling
the same.
Section 10-A. The rate of license for carrying on the business
of delivering or selling water at points within the City of Hunt-
ington Beach is hereby fixed at Sixteen ($16.00) Dollars per an-
num. (Added by Ordinance No. 366)
Section 11. The rate of license for conducting or maintaining
the business of soliciting or canvassing or taking orders for any
goods, wares or merchandise, and not having a regularly established
and fixed place of business in the City of Huntington Beach duly
licensed hereunder, or not as agent or representative or such reg-
ularly established place of business, the sum of $10.00 per day or
$50.00 per year, and each such person shall, in addition thereto,
execute the bond required by Section XXXII of this Ordinance in
the sum of $500.00 and deliver the same to the City Clerk of the-
City of Huntington Beach; provided, however, that nothing herein
contained shall be deemed to regulate or apply to any interstate
commerce or business.
Section 12. The rate of license for operating, managing, or
carrying on the business of machine shop or acetylene or electrical
welding is hereby fixed at $25.00 per annum.
Every person, firm or corporation engaged in said business of
acetylene or electrical welding shall at all times maintain adequate
screens around and about and over any and all acetylene and elec-
150 ORDINANCE NO. 327
trical torches used by him, her, they or it in the welding business
so as to obscure from public view the flame of such acetylene or
electric torch or torches when in operation.
Section 13. The rate of license for conducting or carrying on
an auction, auction house, or the business of auctioneer for selling
goods, wares, or merchandise at auction shall be $5.00 per day.
Section 14. The rate of license for carrying on the profession
or business of astrology, palmistry, phrenology, fortune telling,
cartomancy, clairvoyance, crystal gazing, hypnotism, mediumship,
prophecy, augury, magic or necromancy where a fee is charged or
received for the practice or exhibition of any such practice, the
sum of $20.00 per day.
Section 15. The rate of license for conducting the business of
buying, selling, leasing, renting, or exchanging or in any way deal-
ing in real estate or real property as broker or agent of another or
where commissions are received or charged, shall by $12.00 per
year.
Provided, that salesmen working through or for the office of
any broker, duly licensed in the 'City of Huntington Beach, shall
pay a license, the rate of which is hereby fixed at $3.00 per annum.
Section 16. The rate of license for the business of the opera-
tion of a laundry or towel service established in the City of Hunt-
ington Beach, is hereby fixed at Twelve ($12.00) Dollars per an-
num.
The rate of license for the business of the operation of a laun-
dry wagon, or towel service wagon, is hereby fixed at Twelve
($12.00) Dollars per annum, subject, however, to the provisions of
Section 30 of this Ordinance. Each such wagon or vehicle shall be
construed to be and the same is hereby defined to be a separate
business under the meaning of this section.
A laundry wagon or towel service wagon is hereby defined to
be a vehicle run, operated or driven from house to house, or to
places of business, hotels, restaurants, lodging or apartment houses
in the City of Huntington Beach, for the purpose of exchanging
towels or other linen, or soliciting for, collecting or receiving table
or bed linen or other articles to be washed and returned, unless
such wagon or vehicle is operated by the owner of, and as a part
of, a laundry or towel service, that has paid the license mentioned
in the first paragraph of this section, and the actual operation of
washing is carried on within the City of Huntington Beach.
Licenses issued under the provisions of this section shall in-
clude the business of alteration, mending or repairing of articles
washed; provided, however, that this Ordinance shall not be con-
strued to prevent or bar the collection of any license fee which
has heretofore become due hereunder. (Amended by Ordinance No.
385)
Section 16-A. The rate of license for the business of the op-
ORDINANCE NO. 327 151
eration of the cleaning, pressing or dyeing of clothes or other
articles, established in the City of Huntington Beach, is hereby
fixed at Twelve ($12.00) Dollars per annum.
The rate of license for the business of the operation of a
wagon for the collection andlor delivery of clothes for cleaning or
pressing, or dye works, is hereby fixed at Twelve ($12.00) Dollars
per annum. Each such wagon or vehicle shall be construed to be,
and the same is hereby defined to be a separate business under
the meaning of this Section.
A wagon for the collection andior delivery of clothes for clean-
ing, or pressing, or dye works, is hereby defined to be a vehicle
run, operated or driven from house to house, or to places of busi-
ness, hotels, restaurants, lodging or apartment houses, in the City
of Huntington Beach, for the purpose of soliciting for, or collecting,
or receiving clothes or other articles to be cleaned, pressed or dyed,
and returned; unless such wagon or vehicle is operated by the
owner of, and as a part of, a cleaning, pressing or dyeing business,
that has paid the license mentioned in the first paragraph of this
section, and the actual operating or cleaning, pressing and dyeing
is carried on within the City of Huntington Beach.
Licenses issued under the provisions of this section shall in-
clude the business of alteration, mending or repairing of articles
pressed, cleaned or dyed. (Added by Ordinance No. 352)
Section 16-B. The practice of going in and upon private resi-
dences in the City of Huntington Beach, State of California, by
solicitors, peddlers, hawkers, itinerant merchant and transient
vendors of merchandise, not having been requested or invited so to
do by the owner or owners, occupant or occupants of said private
residence for the purpose of soliciting orders for the sale of goods,
wares and merchandise, newspapers, books, pictures, periodicals,
magazines, insurance and building and loan stock or accounts,
andlor for the purpose of demonstrating or advertising the same
andlor for the purpose of disposing of anjor peddling or hawking
the same, is hereby declared to be a public nuisance and punish-
able as such as a misdemeanor. (Sec. 16-B Added by Ordinance
No. 385)
Section 17. The rate of license for operating, conducting or
maintaining the business of hotel lodging house shall be Twelve
($12.00) Dollars per annum for each such hotel or lodging house.
(Amended by Ordinance No. 352)
Section 18. The rate of license for engaging in or carrying on
the business or profession hereinafter enumerated is hereby fixed
at $6.00 per annum:
Architect Chiropractor Chemical Engineer
Assayer Dentist Occulist
Attorney-at-law Optician Osteapathist
Auditor Optometrist Chiropractor
Accountant Chiropodist Physician
152 ORDINANCE NO. 327
Mechanical Engineer Electrical Engineer Surgeon
Chemist Civil Engineer Veterinarian
Section 19. The rate of license for conducting, managing or
carrying on the business of buying and selling second hand clothing
is hereby fixed at Twelve ($12.00) Dollars per annum. (As amend-
ed by Ordinance No. 379)
Section 20. The rate of license for managing, conducting 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, the sum of $10.00 per day.
Section 21. The rate of license for conducting or carrying on
the business of pawn broker shall be $150.00 per annum.
Section 22. The rate of license for managing, conducting or
carrying on any business in any stand, concession, store, or place
where articles of personal property for use or consumption are
loaned, rented, let, served, sold, made or manufactured, or where
any particular service is rendered, and not as a regularly establish-
ed place of business, except as otherwise provided, is hereby fixed
at Twenty-five ($25.00) Dollars per day. (Amended by Ordinance
No. 352)
Section 23. The rate of license for conducting, operating or
maintaining a gasoline manufacturing plant, topping plant, absorp-
tion plant or plant where gasoline is extracted from natural gas,
or a plant for refining, distilling or reducing petroleum, shale oil,
oil tar, oil or other hydro-carbon substance is hereby fixed at
$48.00 per annum.
Section 24. The rate of license for conducting or managing
a blacksmith shop, shoe-shine parlor or bootblack stand shall be
$6.00 per annum.
Section 25. The rate of license for carrying on or maintaining
the business of house moving is hereby fixed at Twelve ($12.00)
Dollars per annum.
Every person desiring to engage in the business of house mov-
ing shall, before receiving a license for said business, execute and
deliver to the City Clerk the 'bond required by Section 22 of this
Ordinance in the sum of Two Thousand ($2,000.00) Dollars.
Such house-mover must comply with all conditions laid down
in the Ordinance of the City of Huntington Beach and must repair
and make good all damages or.injuries caused by the moving of
any house or structure.
A permit shall be obtained from the Building Inspector be-
fore moving any building; the fee to be paid for such permit is
hereby fixed at One ($1.00) Dollar for any single story building
having a floor space of less than 360 square feet, and for less than
900 square feet the sum of Three ($3.00) Dollars; for any building od
having a floor space of 900 square feet or more, the sum of Five
ORDINANCE NO. 327 153
($5.00) Dollars; for each tank having a net capacity of 500 barrels
and less than 1,000 barrels, the sum of One ($1.00) Dollar; for each
tank having a net capacity of 1,000 barrels and less than 2,000
barrels, the sum of Three ($3.00) Dollars; for each tank having
a net capacity of 2,000 barrels or more, the sum of Five ($5.00)
Dollars. A Fluid barrel under the meaning of this Ordinance con-
tains 42 gallons. No permit fee shall be required to be paid for
the moving of any building having a floor space of less than 200
square feet, or for any tank having a net capacity of less than
500 barrels; provided that the permit fee paid for moving any
dwelling house shall include the private garage used in connection
therewith and which is a part of the same premises. At the time
cf the issuance of said permit the applicant shall also pay to the
Building Inspector the sum of One ($1.00) Dollar for the first day
and Three ($3.00) Dollars for each additional day during which
said removal is limited.
When a building is to be moved from one part of a lot to an-
other lot owned by the same person, and without crossing any
street, alley or other property of any other person, the owner
must first obtain a written consent of the Building Inspector to
change the location of such building, and such consent shall not be
granted where there is a reasonable objection on the part of the
property owner adjoining, and the fee for such permit shall be
One Dollar ($1.00), and service of a licensed house mover will not
be required in such a case. (Amended by Ordinance No. 355)
Section 26. The rate of license for conducting, maintaining a
public bath house or plunge shall be and the same is hereby fixed
at $12.00 per annum.
Section27. The rate of license for every show, concert, theatre
or similar entertainment conducted or presented within the City of
Huntington Beach, the sum of $12.00 per annum, provided that
for every show, concert or theatre held in a tent or other tempor-
ary structure or enclosure the license shall be $5.00 per day; and
provided further that this license does not include the sale of any
personal property or merchandise for use or consumption.
Section 28. The rate of license for conducting, carrying on or
managing the business of maintaining any game, exhibition, amuse-
ment, recreational device or any kind of amusement or entertain-
ment not otherwise provided for in this Ordinance and charging or
collecting any admission or playing fee or rental fee or accepting
any free-will offering therefor, is hereby fixed at Twelve ($12.00)
Dollars per annum or Five ($5.00) Dollars per day, for each game,
exhibition, amusement or recreation maintained as a separate bus-
iness.
Within the meaning of this Section are riding academy or
rental of ponies or automobiles, except taxi service, carrying pas-
sengers in airplanes, fishing or sight-seeing boats, bowling alley,
pool hall, shooting gallery, dance hall, skating rink, games of skill,
and like entertainment or recreation except as provided elsewhere;
154 ORDINANCE NO. 327
and providing further that no license may be issued for the carry-
of passengers in airplanes or fishing or sight-seeing boats until
the individual or firm requesting same deposit with the City Clerk
a personal or surety bond conditioned in accordance with Section
XXXII of this Ordinance in the amount of $25,000.00, or furnish
and deliver to the City Clerk of the City of Huntington Beach an
insurance policy fully paid for, inuring to the benefit of the lic-
ensee and the City of Huntington Beach and guaranteeing the
payment of any judgment for damages which may be obtained
against the licensee or the City of Huntington Beach by reason of
the carrying on of the said business. Said insurance -policy shall
be against personal injury, or death or damage to personal prop-
erty, and shall be in the sum of $5,000.00 for damage to personal
property and in such an amount for injury to or death of one or
more persons as the City Council of the City of Huntington Beach
may determine is necessary. (Amended by Ordinance No. 400)
Section 28-A. The rate of license for conducting, carrying on or
managing the business of maintaining any place of amusement
wherein is carried on a game or games of skill and science, or any
device similar in character, or like entertainment or recreation,
is hereby fixed at $5.00 per annum for each chair stool or player's
place provided or used in or at such games; provided, however, that
the minimum license for any such game operated as a separate
business in the City shall be $500.00 per annum; and providing,
further, that nothing herein contained shall in any manner what-
soever at any time or under any circumstances whatsoever, be con-
strued as permitting any gambling or lottery in connection with any
such games, and that the said games shall be for amusement pur-
poses only that each and all of such games shall be operated in
full conformity with and subject to all provisions of the laws of
the State of California relating to the playing and operation of
games of skill and science, and also any and all ordinances of the
City of Huntington Beach relating thereto. Said license fees shall
be payable in advance, and on and after date of enactment of this
ordinance, upon receipt of application bearing name of applicant,
place and type of business, together with requisite fee, the City
Clerk shall issue license for same, provided, however, that in no
case shall the City Clerk issue license for more than two (2) busi-
nesses operating the same game or type of entertainment; and,
provided, further, however, that the City Clerk shall issue a lic-
ense only to an applicant who has been a bona fide, registered
citizen of the City of Huntington Beach for the Five (5) Years last
past, and the same shall not be assigned, or transferred, in whole
or in part, except on the order of the City Council of the City of
Huntington Beach and then only to one qualified under this ordi-
nance upon the payment of transfer fee of $1.00; and provided
further, that upon the removal of any above mentioned business for •
which a license has been issued, from one location to another, the
City Clerk shall, for the sum of $1.00 issue a duplicate license
ORDINANCE NO. 327 155
showing the new location of said business. (Added by Ordinance
No. 396)
Section 28-B. That all ordinances and parts of ordinances of
the City of Huntington Beach be and are hereby repealed insofar
as they affect the maintenance of any business authorized to be
licensed by Section 3 of this ordinance and more particularly set
forth in that portion of Section 3 entitled Section XXVIII-A. (Add-
ed by Ordinance No. 396)
Section 28-C. That the City Council of the said City of Hunt-
ington Beach shall pass no ordinance prohibiting or tending to pro-
hibit the maintenance of any business licensed under Section 3 of
this Ordinance and more particularly described in Section XXVIII-
A. (Added by Ordinance No. 396)
Section 29. For every person, firm or corporation engaged in
the business of running a tank wagon or other wagon or vehicle
for hauling, peddling or delivering distillate, gasoline, refined oil
the sum of $12.00 per annum, which license shall include the use
of two such tank wagons or other vehicles so run or operated,
provided for each additional wagon or vehicle so run an additional
license of $3.00 per annum.
Section 30. Each person, firm or corporation not specifically
mentioned in this Ordinance, conducting, managing or operating any
cart, wagon, automobile, automobile truck, automobile tank wagon
or other vehicle of two (2) tons or less capacity, used for the
transportation of baggage, freight, household goods, merchandise,
sand, pipe, casing, machinery or other article or commodity, shall
pay an annual license of Twelve ($12.00) Dollars for each such
truck or vehicle.
Any person, firm or corporation conducting, managing or car-
rying on the business of running, driving or operating any cart,
wagon, automobile, automobile truck, automobile tank wagon, or
other vehicle exceeding two (2) tons capacity used for the purpose
of transportation of baggage, freight, household goods, merchandise,
sand, pipe, casing, machinery or other article or commodity, shall
pay an annual license in accordance with the following schedule:
For each cart, wagon, automobile truck or automobile tank
wagon or other vehicle exceeding two (2) tons capacity and less
than four (4) tons capacity, the annual license of Twelve ($12.00)
Dollars for each of said vehicles.
For each cart, wagon, automobile truck, automobile tank wa-
gon or other vehicle of four (4) tons or more capacity an annual
license of Twenty ($20.00) Dollars for each of said vehicles. (Amen-
ded by Ordinance No. 371)
Section 31. Every person or individual liable to pay any license
tax under this Ordinance.shall make application to the City Clerk
for a license, stating the business or pursuit desired to be carried
on; and it shall be the duty of the City Clerk upon investigation
and confirmation of the statement of said applicant that he has
complied with all the provisions of the City Laws, including this
Ordinance, required for the securing of said license, shall prepare
156 ORDINANCE NO. 327
and issue the same to every person or individual making such
application for said license and tendering the fees thereunder; said
license shall be duly signed by said City Clerk and attested by
the City Seal.
Section 32. Where, by the terms of this Ordinance, a bond is
required to be furnished by any person securing or applying 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. The conditions
of said bond shall be stated in substantially the following language:
"If 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 misconduct 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 inure to the benefit of the City of Huntington Beach and
to any person or persons and to all employers 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 •
once and until the full penalty thereof shall be exhausted."
Section 33. If any section, subsection, sentence, clause or phrase
of this Ordinance is hereafter for any reason held to be unconsti-
tutional or unenforceable, such decision shall not effect the validity
of the remaining portions of this Ordinance. The board of trustees
of the City of Huntington Beach hereby declares that it would
have passed this ordinance and each section, subsection, sentence,
clause or phrase hereof irrespective of the fact that any one or
more of the sections, subsections, sentences, clauses or phrases be
declared unconstitutonal or unenforceable.
Section 34. This Ordinance shall never be held or construed
as licensing or permitting the carrying on of any unlawful trade,
calling, occupation or game, and every such trade, calling, occu-
pation, or game is prohibited and no license shall be granted or
issued therefor.
Section 35. Nothing in this Ordinance shall be construed as
imposing a license or tax or otherwise regulating or restricting
Foregn or Interstate Commerce, and any business or portion
thereof which is embraced in the term "Interstate Commerce" or
in the term "Foreign Commerce" is not made subject to the license
imposed by this Ordinance.
Section 36. That Ordinance No. 309, entitled "An Ordinance
of the City of Huntington Beach licensing, for the purpose of rev-
enue and regulation, all and every kind of business authorized by
ORDINANCE NO. 327 157
law and transacted and carried on in the City of Huntington Beach,
and all shows, exhibitions and lawful games carried on therein,
fixing the rate of license tax upon the same, providing penalty for
all violations thereof, and repealing all Ordinances or parts of
Ordinances in conflict herewith," and that all Ordinances and parts
of Ordinances of the City of Huntington Beach in conflict with
this Ordinance be, and the same are hereby repealed.
Enacted June 3, 1929.
ORDINANCE NO. Ml 159
ORDINANCE NO. 341
—O—
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG-
ULATING THE USE OF THE PUBLIC BEACH OF THE PA-
CIFIC OCEAN IN SAID CITY.
The City Council of the City of Huntington Beach do ordain
as follows:
Section 1. The word "Camp" as hereinafter used in this Ordi-
nance is intended to mean, does mean, and shall at all times be
held and construed to mean, any temporary shelter to be occupied
by human beings for a limited period and not as a permanent
place of abode, that is constructed of cloth or paper, treated or un-
treated, or branches or boughs of trees,or partly constructed thereof,
or by the use of paper and/or cloth and/or boughs or branches of
trees, in connection with an automobile, automobile truck or other
vehicle, for the purpose of temporary shelter. The word "occupied"
as hereinabove used is intended to mean and does mean and shall
at all times be held and construed to mean, used for the purpose
of protecting human beings from wind, sun, rain or public view.
Section 2. It shall be unlawful for any person, firm or cor-
poration, either as employer or employee, or for himself, to maintain
any camp or occupy the same at any place within the City of Hunt-
ington Beach upon the shore or beach of the Pacific Ocean within
said City.
The words "shore" or "beach" and each of them, as used within
this Ordinance, are intended to mean, and do mean, and shall be
construed to mean, that certain strip of land lying between Ocean
Avenue in said City and the line of ordinary tide of the Pacific
Ocean, excepting such portion thereof as may be included within
the operating right of way of the Pacific Electric Railroad at said
point.
Section 3. It is provided, however, that it shall not be a
violation of this Ordinance, nor shall it be construed to be a camp
for any person to erect within the above described portion of the
City of Huntington Beach a sun shade or parasol, or other protec-
tion from the sun and wind, provided the same is immediately
taken down and removed when the person erecting the same leaves
the beach or shore, and provided further that said sun shade
or parasol shall be wholly open to an unobstructed view of the
interior thereof by any and all persons then and there being, for
at least fifty per cent of the perimeter of said sunshade or parasol,
and that the side walls thereof do not extend over more than fifty
per cent of the perimeter of said sunshade or parasol.
Section 4. Any person violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not exceeding ($300.00) Three
160 ORDINANCE NO. 344
Hundred Dollars, or by imprisonment in the County Jail not ex-
ceeding thirty (30) days, or by both such fine and imprisonment.
Enacted Sept. 8, 1930.
ORDINANCE NO. 344 161
ORDINANCE NO. 344
--Ct}—
AN ORDINANCE PROVIDING FOR THE CONTROL AN SUPER-
VISION OF THE PUBLIC WHARF OR PIER AT THE FOOT
OF MAIN STREET IN THE CITY OF HUNTINGTON BEACH,
AND REGULATING ITS USE.
—O—
The City Council of the City of Huntinton Beach do ordain as
follows:
Section 1. Subject to the provisions of this Ordinance and such
other Ordinances as the City Council may adopt from time to time,
the City Wharfinger is hereby given full power and authority to
superintend, regulate or control the use of the public wharf or pier
at the foot of Main Street, in the City of Huntington Beach.
Section 2. There is hereby created the office of City Wharfinger
of the City of Huntington Beach. The City Wharfinger shall be
an ex-officio police officer of the City of Huntington Beach and shall
be appointed by the Superintendent of Streets of the City of Hunt-
ington Beach, subject to the approval of the Chief of Police and
the City Council of the City of Huntington Beach, and shall serve
at the pleasure of said Superintendent of Streets and said City
Council, and shall receive such compensation as shall be fixed by
said City Council from time to time. (Amended by Ordinance No.
348.)
Section 3. It shall be unlawful for any person or persons while
upon or near the Municipal Pier, located at the foot of Main Street
in the City of Huntington Beach, and over the Pacific Ocean in
said City, to do or cause or permit to be done, any of the following
acts, to-wit:
(a) To cast a fishing line, either with or without a fishing
pole, by what is commonly known as overhead casting.
(b) To place, cut or clean any fish or bait, or any other
marine life upon any bench or seat placed upon said Municipal pier.
(c) To leave said pier without disposing of any trash, shells
or other debris which may be placed upon said pier by said person
or persons.
(d) To drive or permit to be driven any vehicle of any kind
or character whatsoever upon said pier without first having obtained
a permit from the Chief of Police of the City of Huntington Beach
so to do.
(e) To have more than two fishing lines to any one person
in the water under or near said pier at any one time.
(f) To take, cause or permit to be taken upon said pier any
162 ORDINANCE NO. 344
dog or other domestic animal, except upon a leash not more than
six feet in length.
(g) To deface, injure, mark or damage any benches, seats,
buildings or equipment upon said pier.
(h) To remove, use or tamper with any life saving equipment
upon said pier except in time of emergency. (Amended by Ordi-
nance No. 419.)
Section 3—A. The Chief of Police of the City of Huntington
Beach may issue special permits to drive vehicles upon said pier for
the transportation of property and supplies to and from business
establishments located upon said pier or connected therewith be-
tween the hours of 6 A. M. and 9:30 A. M. and may issue special
permits for the tranportation of persons, between said hours, in case
of necessity or emergency; provided, that emergency vehicles may
be permitted to drive upon said pier at all times for the purpose
of saving life or property. (Amended by Ordinance No. 419.)
Section 4. No person, firm or corporation shall conduct or carry
cn upon said Municipal pier, or any part thereof, any business
of any kind whatsoever, without first having obtained a permit from
the City Council of the City of Huntington Beach so to do.
Section 5. No permit shall be issued for the carrying on of
any business upon said Municipal wharf or pier, except in buildings
constructed upon said pier. That space in any building located upon
said pier may be rented by the City Council of said City upon rec-
ommendation of the City Wharfinger to any person, firm or cor-
poration, for a period not less than twelve months from and after
the date of the permit and lease therefor. No one person, firm or
corporation shall be entitled to rent more than one space in any
such building so constructed upon said pier. The permit for rent-
ing said space shall provide and specify the kind and nature of
business to be conducted in said space and the goods, wares, mer-
chandise or commodities to be sold therefrom, and such space when
so rented shall not be used for any other purpose whatsoever. The
terms for the payment of rental for such space shall be specifically
set forth in the permit, therefor, created by the said City Council.
Section 6. It shall be unlawful for any person, firm or corpora-
tion to sell or offer for sale any tickets for transportation upon any
boat of any kind whatsoever, upon said pier, except from space in
one of the buildings located upon said pier. It shall be unlawful
for any person in charge of any boat or other craft to 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 minutes
at any one time. It shall be unlawful for any person to enter upon
any boat from said pier without first having obtained a ticket for
transportation thereon.
Nothing contained in this section 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
ORDINANCE NO. 344 163
commercial business, but are operated by the owners thereof with-
out profit, for their own pleasure and amusement, and without charg-
ing or receiving any compensation from persons or passengers rid-
ing upon said boats or other craft.
Section 7. The Superintendent of Streets may appoint such
Deputy City Wharfingers as may be necessary and convenient for
the management, control and operation of said pier or wharf, sub-
ject to the approval of the City Council and the Chief of Police,
and said Deputies shall be ex-officio police officers of the City of
Huntington Beach and shall receive such compensation as may be
from time to time fixed by said City Council. (Amended by Ori-
nance No. 348.)
Section 8. The boat landing upon said pier shall be under
the exclusive charge and control of said City Wharfinger and his
deputies, and shall not be raised or lowered by any other person.
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 of
the City of Huntington Beach. The City Wharfinger shall have
power to determine 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, and upon the posting
of notices prohibiting the doing or performing of any acts upon cer-
tain portions of said pier, by said City Wharfinger, it shall be un-
lawful for any person to use said portion of said pier for the pro-
hibited purpose or purposes.
Section 9. It shall be unlawful for any person to indulge in
riotous or boisterous conduct, or to make loud or boisterous noises
upon said pier or to shout, yell or scream while engaged in selling
or endeavoring to sell any tickets or merchandise upon said pier.
Enacted Sept. 8, 1931.
I
ORDINANCE NO. 375 165
ORDINANCE NO. 375
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG-
ULATING THE ERECTION, CONSTRUCTION, ENLARGE-
MENT, ALTERATION, REPAIR, MOVING, REMOVAL, DE-
MOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS
AND/OR STRUCTURES IN THE CITY OF HUNTINGTON
BEACH; PROVIDING FOR THE ISSUANCE OR PERMITS AND
COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES
FOR THE VIOLATION THEREOF; DECLARING AND ESTAB-
LISHING FIRE ZONES;REPEALING ORDINANCE NO.226 OF
THE CITY OF HUNTINGTON BEACH, AS AMENDED, AND
ALL OTHER ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT THEREWITH.
-4 -
The City Council of the City Huntington Beach do ordain as
follows:
Section 1. That a certain document, three (3) copies of which
are on file in the office of the City Clerk of the City of Huntington
Beach, being marked and designated as "Uniform Building Code,
1930 Edition, published May, 1930, by Pacific Coast Building Officials'
Conference," be and the same is hereby adopted as the building
code of the City of Huntington Beach for regulating the erection,
construction, enlargement, alteration, repair, moving, removal, de-
molition, conversion, occupancy, equipment, use, height, area and
maintenance of all buildings andior structures in the City of Hunt-
ington Beach; providing for issuance of permits and collection of
fees therefor; providing penalties for violation of such code, de-
claring and establishing fire zones; and each and all of the regula-
tions, provisions, penalties, conditions and terms of such "Uniform
Building Code, 1930 Edition, published May, 1930, by Pacific Coast
Building Officials' Conference," on file in the office of the City
Clerk of this City are hereby referred to, adopted, and made a
part hereof as if fully set out in this Ordinance.
Section 2 repeals Ordinance No. 226 and amendments.
Section 3. That the entire incorporated area of the City of
Huntington Beach is hereby declared to be and is hereby estab-
lished as a fire district and said fire district shall be known and
designated as Fire Zones 1, 2, and 3, and each such zone shall in-
clude such territory or portions of said City as illustrated, outlined
and designated on a certain map on file in the office of the City
Clerk of the City of Huntington Beach, being marked and designated
as "Fire Zone Map, as amended under date of Aug. 19, 1936, which
map is hereby adopted as the fire zoning map of the City of Hunt-
ington Beach for the application of the regulations included in the
"Uniform Building Code, 1930 Edition, published May, 1930, by Pa-
cific Coast Building Officials' Conference."
The City Clerk shall enter upon said map the date of the pass-
166 ORDINANCE NO. 375
age of this Ordinance and shall attest the same with his signature.
(Amended by Ordinance No. 393.)
Enacted Sept. 23, 1934.
(Editor's note: Pacific Coast Builders Conference will publish
new edition of code May, 1940.)
ORDINANCE NO. 376 167
ORDINANCE NO. 376
-41-
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRO-
HIBITING THE SOLICITATION OF TORT CLAIMS OR
CHOSES IN ACTION, AND PROVIDING PENALTY FOR THE
VIOLATION THEREOF.
—O—
The City Council of the City of Huntington Beach do ordain
as follows:
Section 1. The word "Person" as used herein shall include
any corporation, association, society, club, co-partnership or in-
dividual.
Section 2. It shall be unlawful for any person to solicit em-
ployment for himself or for any other person, either directly or
through some other person acting on his behalf, to prosecute, collect,
settle, compromise or to negotiate for the settlement, compromise
or collection of any tort claim, on behalf of any tort claimant, in
which he himself has no pecuniary interest arising from such tort.
Section 3. The provisions of this Ordinance shall not be con-
strued to prevent joint tort claimants from negotiating with each
other for the purpose of combining respective claims or actions
against the tort feasor.
Section 4. Any person violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than Three Hun-
dred Dollars ($300.00) or by imprisonment in the County Jail for
a period of not more than ninety (90) days or by both such fine
and imprisonment.
Enacted Sept. 23, 1934.
D
ORDINANCE NO. 381 169
ORDINANCE NO. 381
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI-
FORNIA, RELATING TO AND REGULATING SIGNS OVER
SIDEWALKS WITHIN THE CITY OF HUNTINGTON BEACH.
The City Council of the City of Huntington Beach do ordain
as follows:
Section 1. It shall be unlawful for any person or persons, firm,
co-partnership or corporation, or for any person who is agent, ser-
vant, clerk or employee, for himself or for any other person, firm,
co-partnership or corporation to 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 the City of Huntington
Beach, or to permit or allow any such sign to remain hung, con-
structed, suspended or placed over any public sidewalk, street or
alley within the City of Huntington Beach, unless a permit therefor
has first been obtained as in this Ordinance provided; provided,
however, that the provisions in this Ordinance shall not apply to
any sign painted or made upon the awning in front of a building,
suspended over the sidewalk.
Definitions
Section 2. "Face of Building" is defined to be the general outer
surface of any main exterior wall of a building, and shall not be
held to include the outer edge of any cornice, bay window or other
ornamental trim or feature of any building.
"Marquise" is defined to be any canopy projecting over a side-
walk 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.
"Marquise Sign" is defined to be any structure erected upon or
attached to any marquise.
"Roof Sign" is defined to be any structure erected for adver-
tising purposes upon or above the roof of any building.
"Street Clock" is defined to be a clock erected upon a standard
upon the sidewalk for the convenience of the public and placed
and maintained by some person, firm or corporation for the pur-
pose of advertising their place of business.
"Wall Sign" is defined to be any structure erected exclusively
for advertising purposes and attached to any exterior wall of a
building.
"Vertical Wall Sign" is defined to be a sign having its adver-
tising surface in a vertical position.
"Horizontal Wall Sign" is defined to be a sign having its adver-
170 ORDINANCE NO. 381
tising surface in a horizontal position.
"Construction Wall Sign" is defined to be all wall signs, elec-
trical or otherwise, attached to the exterior walls of a building.
"Electric Wall Sign" is defined to be any structure or sign where
electric wiring, devices or fixtures form a part of such sign.
Section 3. Any person, firm, co-partnership or corporation de-
siring 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 the City of Huntington Beach shall make
application in writing, upon an approved form, for a permit so
to do. Said application shall contain the name of applicant, loca-
tion of proposed sign, legal interest of applicant in said property
(owner, lessee or otherwise). 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, provided,
that 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; said application must be filed with the Building
Inspector of the City of Huntington Beach, who shall examine
and investigate the same and place his endorsement thereon and
present to the City Council at the next regular meeting, or ad-
journed regular meeting, of said City Council. The City Council
shall examine said application and grant or reject the same; pro-
vided, however, that 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. Upon approval
by the City Council the Building Inspector shall issue said permit
upon payment of the required fee, as provided in Section 203 of
the Uniform Building Code, Ordinance No. 375 of the City of Hunt-
ington Beach.
Specifications
Section 4. Specifications for an electric sign shall be as follows:
a. Wiring shall conform to the Electrical Ordinance of the City
of Huntngton Beach.
b. Signs must be constructed entirely of metal or other ap-
proved non-combustible material, except that wood may be used
on the inside if kept at least two inches from the .nearest lamp
socket. In cases of ornamental scroll work of similar design, where
impracticable to support wires as above provided, they may be se-
parated from such metal by a section of porcelain or glass not less
than one-eight ('fie) inch in thickness.
c. Signs must be braced by angle iron of such thickness and
so placed as to secure sufficient strength and rigidity.
d. All metal must be galvanized or enameled, or treated with
at least three coats of anti-corrosive paint or compound.
e. Bottom of sign must have at least one-quarter (1/4) inch
ORDINANCE NO. 381 171
drainage hole for each square foot of its surface.
f. Signs must have the maker's name or trademark perma-
nently attached to the exterior.
Specifications for vertical wall signs shall be as follows:
No wall sign having its advertising surface in a vertical posi-
tion, 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 the base thereof shall be
above the sidewalk, street, alley or public property adjoining the
buildin-, directly under the sign:
a. Below a height of eight (8) feet, not to exceed twelve (12)
inches from the property line.
b. Above a height of eight (8) feet and below a height of
twelve (12) feet, not to exceed twenty-four (24) inches from the
property line.
c. Above a height of twelve (12) feet, not more than three
(3) feet from face of building, as may be erected to any length
desired up to twenty (20) feet. (Amended by Ordinance No. 410.)
Section 4-A. Specifications for horizontal wall signs shall be
as follows:
No wall sign having its advertising surface in a horrizontal
position shall have a height of less than ten (10) feet to the lowest
portion thereof and shall not be made more than forty-eight inches
in depth or extend more than ten (10) feet over the sidewalk, ex-
cept a sign which is attached to a marquise; whereas special per-
mission may be granted by the City Council of the City of Hunt-
ington Beach 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.
Specifications for construction of wall signs shall be as follows:
All signs, electrical or otherwise, must be constructed of metal
or other non-combustible material, and when such signs are at-
tached to.the exterior walls, of buildings, constructed of masonry,
concrete or stone, shall be fastened with galvanized expansion bolts
at least one-half (%) inch by three and one-half (31/2) inches, and
no wooden plug or block shall be inserted for the purpose of using
nails or screws in attaching the sign. 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_(8) inches apart.
All connections on vertical wall signs above roof line shall be
made to bolts through wall. All bolts shall be galvanized and not
less than one-half (%) inch in diameter; provided, however, if
the wall is of reinforced concrete construction, a one-half (1/2) inch
172 ORDINANCE NO. 381
by three and one-half (31/2) .inch galvanized expansion bolt will
be permitted.
Every wall sign, including supports; braces and anchorage, shall
be designed, constructed, and maintained to withstand a wind pres-
sure from every'direction, as provided by Section 2307 of the Uniform
Building Code, as adopted by .Ordinance No..375 of the. City of
Runtington Beach.
Cables, chains; wires or other flexible or loosely connected
members.shall 'not be considered as providing lateral,bracing uri=
less provision is made by a turn-buckle, or other equally effective
method or device, for tightening and keeping taut such member.
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 (1/2) inch in diameter. (Added
by.Ordinance No. 410.)
Section 4-B. Specifications for placing and erecting, street clocks
shall be as follows:
The owner, proprietor or manager of any building or place
of business in the City of Huntington Beach, after special permis-
sion is secured from the City Council, as in this Ordinance 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 (30) inches in diameter
or more than forty (40) inches in diameter, supported upon a post
of ordnamental design, the total height of which shall be not less
than fifteen (15) feet or more than twenty (20) feet. No portion
of such post supporting the clock shall be more than two (2) feet
from the outer edge of the curb and shall be at least twenty (20)
feet from the point of the intersection of the lines of any street,
measured parallel with the street.
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 (15) feet or more than twenty (20) feet above the
sidewalk and does not project from any face or wall of the build-
ing, in any direction, more than five (5) feet.
The only advertising matter to be displayed upon such clock
shall be the name of the owner, proprietor or manager of the place
of business erecting and mainaining such clock. (Added by Ordi-
nance No. 410.)
Immoral or Unlawful Signs Prohibited
Section 5. It shall be unlawful for any person, firm or cor-
poration to exhibit, post or display, or to cause or permit to be
exhibited, posted or displayed upon any advertising structure, sky
sign, or electric sign, or upon or in any window, or upon any build-
ing or in any public place, or to public view in the City of Hunt-
ington Beach, any statement, work or sign of an obscene, indecent
or immoral nature, or any statue or statuary, picture, illustration
ORDINANCE NO. 381 173
or delineation of any nude human figure in such detail as to offend
public morality or public decency, or of any lewd or lascivious act,
or any other matter or thing of an obscene, indecent or immoral
nature, or offensive to the moral sense; or any picture, cartoon,
caricature or illustration delineating, depicting or exhibiting any
murder, suicide, robbery, holdup, shooting, stabbing, clubbing or
beating of any human being or any other crime or criminal act
where in any such act is shown in a revoluting manner or in any
manner objectionable to the moral sense.
Signs Which Confuse Traffic Prohibited
Section 6. It shall be unlawful for any person, firm or corpora-
tion to erect, construct or maintain or to cause or permit to be
erected, constructed or maintained any sign or electric sign of
any kind or character for the purpose of advertising the wares,
goods, merchandise or business of any such person, firm or corpora-
tion, when such sign displays or makes use of the word "STOP".
"LOOK", "DANGER" or any other word, phrase, symbol or char-
acter in such a manner as to interfere with, mislead or confuse
traffic.
Penalty for Violation
Section 7. Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon con-
viction thereof shall be punishable by a fine of not more than
Three Hundred ($300.00) Dollars, or by imprisonment in the County
Jail of the County of Orange for a period of not more than three
(3) months, or by both such fine and imprisonment.
Every person shall be deemed guilty of a separate offense for
every day during_any portion of which any violation of this Ordi-
nance shall continue or be permitted by such person and shall be
punishable therefor as provided by this Ordinance.
Encated June 19, 1935.
ORDINANCE NO. 386 175
ORDINANCE NO. 386
—4—
kN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ES-
TABLISHING CERTAIN DISTRICTS WITHIN SAID CITY
AND PROHIBITING THE ESTABLISHMENT ANDIOR MAIN-
TENANCE OF CERTAIN BUSINESSES AND INDUSTRIES IN
SAID DISTRICTS, AND REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.
—8—
The City Council of the City of Huntington Beach do ordain
as follows:
Section 1. All that portion of the City of Huntington Beach
within the following described boundaries is hereby established and
declared to be Business District No. 1 of said City, to-wit:
Beginning at the point of intersection of the center line of
First Street projected with the Pacific Ocean and running thence
Northeasterly to the intersection of said center line of First Street
with the Southwesterly line projected of the first alley Northeast-
erly from Ocean Avenue, thence Northwesterly along said last
mentioned line to its intersection with the Northwesterly line pro-
duced of the first alley Southeasterly from Third Street; thence
Northeasterly along the last mentioned line to its intersection with
the Southwesterly line of Olive Avenue; thence Northwesterly along
the Southwesterly line of Olive Avenue to its intersection with the
Southeasterly line of the first alley Northwesterly from Third
Street; thence Northeasterly and Northerly along the last mentioned
alley line to its intersection with the South line of Acacia Avenue;
thence Westerly and Northwesterly along said last mentioned line
to its intersection with the Southwesterly line of Sixth Street;
thence Southwesterly along said last mentioned line to its intersect-
ion with the Northeasterly line of Orange Avenue; thence South-
easterly along said last mentioned line to its intersection with the
Southeasterly line of the first alley Northwesterly from Fifth Street
produced Northeasterly; thence Southwesterly along the last men-
tioned alley line produced to its intersection with the Southwesterly
line of the first alley Northeasterly from Ocean Avenue; thence
Northwesterly along the last mentioned line to its intersection with
the center line of Sixth Street; thence Southwesterly along the
center line of Sixth Street and a prolongation thereof to the Pacific
Ocean; thence Southeasterly along the ordinary high water mark
of the Pacific Ocean to the point of beginning.
That all of that portion of the City of Huntington Beach with-
in the following described boundaries is hereby established and
declared to be the Beach and Ocean District of said City of Hunt-
ington Beach:
Beginning at a point where said Northwesterly boundary line
of said City of Huntington Beach intersects with the ordinary high
water mark of the Pacific Ocean; thence South 48 degrees West,
176 ORDINANCE NO. 386
three (3) miles to a point in the Pacific Ocean; thence Southeast-
erly, parallel to and three (3) miles from the ordinary high water
mark of the Pacific Ocean, four (4) miles, more or less, to a point,
South 36 Degrees West of the intersection of the East line of Section
Fourteen (14), Township Six (6) South, Range Eleven (11) West,
S. B. B. & M. with ordinary high water mark of the Pacific Ocean;
thence North 36 Degrees East three (3) miles to said point of in-
tersection with the ordinary high water mark of the Pacific Ocean;
thence Northwesterly along the ordinary high water mark of the
Pacific Ocean to the point of beginning.
Section 2. It shall be unlawful for any person, firm or cor-
poration to erect, establish, carry on or maintain within the districts
set forth and described in Section 1 hereof, any stone crusher,
crushed stone yard or bunker, rock, sand or gravel loading, distrib-
uting or receiving station, rolling mill, foundry, carpet beating es-
tablishment, livery stable, riding academy, gas works, mattress
factory, soap factory, fertilizing plant or factory, tallow rendering
plant or factory, tannery, glue factory, brick yard, brick kiln, oil
well or oil well derrick, or the business of drilling or operating for
the discovery or production of oil, gas, hydrocarbons or other kind-
red substances, chemicals or chemical products, dog or cat hospital,
or any plant, works or factory where power other than animal
power is used to operate any such plant, works or factory; provided
that one or more electric motors of a total capacity of not to exceed
twenty-five horse power may be operated and maintained in the
said Zones.
Section 4. Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not more than
Three Hundred ($300.00) Dollars, or by imprisonment in the City
Jail or in the county jail of the County of Orange for a period of
not more than three (3) months, or by both such fine and impris-
onment.
Enacted July 1, 1935.
ORDINANCE NO. 388 177
ORDINANCE NO. 388
c —0--
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RE-
LATING TO THE CARE AND EXPENDITURE OF MONEYS
RECEIVED FROM THE STATE OF CALIFORNIA UNDER THE
PROVISIONS OF ARTICLE 5, CHAPTER 1, DIVISION I OF
THE STREETS AND HIGHWAYS CODE.
—o—
The City Council of the City of Huntington Beach does hereby
ordain as follows:
Section 1. To comply with the provisions of Article 5 of Chap-
ter 1, of Division I of the Streets and Highways Code, with par-
ticular 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 Improve-
ment Fund."
Section 2. 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.
Section 3. All moneys in said fund shall be expended exclu-
sively for the purposes authorized by, and subject to, all of the
provisions of Article 5, Chapter 1, Division I of the Streets and
Highways Code.
Enacted Jan. 5, 1936.
ORDINANCE NO. 395 179
ORDINANCE NO. 395
--8 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH TO ESTABLISH A CITY PLANNING
COMMISSION FOR SAID CITY OF HUNTINGTON BEACH.
-4—
The City Council of the City of Huntington Beach do ordain
as follows:
Section 1. That a City Planning Commission in and for the
City of Huntington Beach is hereby established with membership,
powers and duties as provided by the Planning Act of the State of
California, approved June 17th, 1929, Statutes 1929, page 1805.
(Deering 5211-b.) Enacted Sept. 18, 1936.
ORDINANCE NO. 398 181
ORDINANCE NO. 398
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REG-
ULATING CAMP CARS ANDIOR TRAILERS WITHIN SAID
CITY.
The City Council of the City of Huntington Beach do ordain
as follows:
Section 1. For the purpose of this ordinance certain words and
phrases are defined as follows, and certain provisions shall be con-
strued as herein set forth, unless it shall be apparent from their
context that they have a different meaning.
Words used in the singular include the plural, and the plural
the singular. Words used in the present tense include the future.
CAMP CARS ANDIOR TRAILER
"Camp Car andjor Trailer" is any unit used for living or sleep-
ing purposes and which is euipped with wheels or similar devices
used for the purpose of transporting said unit from place to place,
whether by motive power or other means.
CAMP GROUND
"Camp Ground" is defined and shall be construed to mean any
place, area or tract of land operated as a business upon which any
camp car andlor trailer is placed for the purpose of occupying the
same.
OCCUPYING
"Occupying" as used herein shall be defined as and shall be
construed to mean sleeping in, cooking in, or eating in any such
camp carland or trailer.
Section 2. It shall be unlawful for any person or persons to
occupy any camp car andior trailer in the City of Huntington
Beach outside of any camp ground licensed by the City of Hunt-
ington Beach, unless said person or persons have secured a permit,
as in this Ordinance provided.
Section 3. Any person desirous of occupying any camp car
andlor trailer at any place other than a camp ground shall make
application to the Chief of Police of the City of Huntington Beach
upon a form furnished for that purpose for a permit so to do. Said
application shall set forth the name of applicant; the license num-
ber of said camp car andlor trailer, the number of persons occupy-
ing said camp car andjor trailer, and the address of the place at
which applicant desires to occupy said trailer.
Said application shall be signed by applicant and shall be pre-
sented to said Chief of Police, or any police officer of the City of
Huntington Beach. The Chief of Police, or any officer designated
by him, upon the presentation of said application shall investigate
182 ORDINANCE NO. 398
and inspect said trailer and camp car and the premises upon which
it is to be located. If said investigation and inspection indicates
that there are sufficient sanitary conveniences, including toilet
facilities and means of garbage disposal, at said place, and that
the total number of persons to be accommodated does not exceed
fifteen (15) persons, and that the occupant of the premises at which
it is intended to have said trailer located has consented to the same,
and that there is a space at least sixteen (16) feet by twenty (20)
feet, the Chief of Police, or his designated officer, shall grant said
permit; otherwise it shall be denied.
In the event said permit is granted, said police officer shall
give applicant a card of distinctive color which must be placed in
a conspicuous place upon said trailer. Said permit shall be effective
for fifteen (15) days after the issuance thereof, and upon the ex-
piration thereof shall not be renewed for a period of three (3)
months thereafter.
Section 4. It shall be unlawful to park any camp car andlor
trailer on any public street or public parking ground adjacent
thereto within the City of Huntington Beach after the hour of 2:00
o'clock A. M.
Section 5. Every person, firm or corporation violating or con-
tributing in any way to the violation of any provisions of this
ordinance shall be deemed guilty of a misdemeanor, and every day
or fractional part thereof during which said violation continues
shall be deemed guilty of a separate offense, and shall be punish-
able therefor as herein provided.
It shall be the duty of every person, firm or corporation own-
ing, leasing, renting or operating a camp ground in the City of
Huntington Beach to comply with all of the provisions of this
Ordinance 'and all conditions of ordinances regulating sanitation
within the City of Huntington Beach, applying to camp grounds,
and any such person, firm or corporation violating any of the pro-
visions of said ordinance, or contributing in any way to the viola-
tion thereof shall be deemed guilty of a misdemeanor, .and upon
conviction thereof shall be punished by a fine not exceeding Three
Hundred ($300.00) Dollars, or by imprisonment in the County.Jail
not exceeding ninety (90) days, or by both such fine and impris-
onment.
Enacted May 22, 1927.
ORDINANCE NO. 402 183
ORDINANCE NO. 402
—O—
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DE-
CLARING THAT OFFICES OF CITY JUDGE AND CITY AT-
TORNEY SHALL BE ELECTIVE.
The People of the City of Huntington Beach do ordain as follows:
Section 1. That the office of City Judge and the office of
City Attorney shall hereafter be elective, and said officers shall be
elected from the city at large for the term provided in Section 17
of Article VII of the Charter of the City of Huntington Beach,
California. The City Council shall set the compensation of said
officers at not less than the amount paid said officers during the
preceding year.
Section 2. If any section, sub-section, sentence, clause or phrase
of this Ordinance is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The People of the City of Huntington Beach
hereby declare that they would have passed this Ordinance and
each section, sub-section, sentence, clause and phrase hereof irre-
spective of the fact that any one or more sections, sub-sections,
sentences, clauses or phrases hereof be declared unconstitutional.
Enacted Aug. 3. 1937.
ORDINANCE NO. 403 185
ORDINANCE NO. 403
_4>_
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DE-
CLARING THAT THE OFFICE OF CHIEF OF POLICE SHALL
BE ELECTIVE.
The People of the City of Huntington Beach do ordain as fol-
lows:
Section 1. That the office of Chief of Police of the City of
Huntington Beach 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 the City of Huntington Beach.
The City Council shall set the compensation of said officer at not
less than the amount paid said officer during the preceding year.
Section 2. If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this ordinance. The People of the City of Huntington Beach here-
by declare they 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 hereof be declared unconstitutional.
Enacted August 3, 1937.
ORDINANCE NO. 404 187
ORDINANCE NO. 404
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, DEFINING SPECIAL
ELECTIONS, AND, SETTING FORTH THE TIME IN WHICH
A SPECIAL ELECTION SHALL BE CALLED.
—O—
The City Council of the City of Huntington Beach does ordain
as follows:
Section 1. A Special election is hereby defined to be any
municipal election of the City of Huntington Beach other than the
regular, or general election of the City of Huntington Beach.
Section 2. The City Council may, by resolution or ordinance,
designate the time at which a special election shall be held, provid-
ed that any such resolution or ordinance shall be adopted not later
than the fortieth (40th) day before the holding of any such elect-
ion.
ORDINANCE NO. 413 189
ORDINANCE NO. 413
AN 'ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, REGULATING THE SELLING, DISPLAYING
AND DISCHARGING OF FIRE-WORKS, AND PROHIBITING
THE SELLING, DISPLAYING AND DISCHARGING OF CER-
TAIN TYPES OF FIRE-WORKS WITHIN THE CITY OF
HUNTINGTON BEACH.
The._City.Council of the City of Huntington Beach, California,
do ordain as follows:
Section 1. That it shall be unlawful for any person, firm or
corporation to sell, display, dispose of, give away, store, keep or
stock, or to discharge, explode, fire or set off any blank cartridge
or fire-works containing red, white, or other form of phosphorus,
or containing chlorate of potash, or any fire-crackers or salutes
containing flash powder, or any fire-cracker over one-fourth inch
(1/4") in diameter or over one and one-half inches (11/2") in length;
sky-rockets, aerial bombs, Roman Candles or fire-works designed
to rise from the ground and explode in the air, or torpedoes or any
type of fire-works designed to be thrown or projected to explode
upon impact, or any fireworks of similar manufacture or make,
within the City of Huntington Beach. Provided, however, that the
City Council may, in its discretion, grant permits for the public
display of fire-works, which public display shall be under the
direct supervision of the Fire Chief of the City of Huntington Beach.
Section 2. It shall be unlawful for any person, firm, or cor-
poration to sell or engage in the business of selling fire-works, or to
display fire-works which are not prohibited in this Ordinance, with-
out having first obtained a license as hereinafter provided from the
City Council of the City of Huntington Beach so to do; and it
shall be unlawful for any person, firm or corporation to sell fire-
works not prohibited by this Ordinance at any time except from
June 25 to July 5, inclusive.
Section 3. That licenses provided by this Ordinance shall be
issued only to established retail places of business, and an estab-
lished retail place of business is defined to be a place of business
where merchandise has been offered for sale to the public at retail
for a period of not less than ninety (90) days.
Section 4. That the rate of license for the sale of fire-works
permitted hereunder shall be Five ($5.00) Dollars per season; pro-
vided, however, that fraternal associations, patriotic societies and
charitable organizations may be issued a free license in the dis-
cretion of the City Council.
Section 5. It shall be unlawful for any person, firm or cor-
poration to discharge any fire-works, other than those set forth in
190 ORDINANCE NO. 413
Section 1 hereof, before the 3rd day of July and after the 5th day
of July.
Section 6. Fire-works, other than those set forth in Section 1
hereof, may be stocked, kept and stored when packed in a contain-
er known as the `I. C. C." container, and then only upon special
permit and under the supervision of the Fire Chief of the City of
Huntington Beach. .
Section 7. That the violation of any of the provisions of this
Ordinance shall constitute a misdemeanor, and the penalty for
violation thereof shall be a fine of not to excej--d One Hundred
($100.00) Dollars, or fifty (50) days in jail or by both such fine
and imprisonment.
ORDINANCE NO. 418 191
ORDINANCE NO. 418
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI-
FORNIA, DECLARING AND DEFINING AN EMERGENCY TO
EXIST AND REGULATING THE APPLICATION FOR AND
THE DRILLING OF OIL WELLS WITHIN SAID CITY OF
HUNTINGTON BEACH.
WHEREAS; the State Lands Commission of the State of Cali-
fornia has published in the Huntington Beach News a Notice of
Intention to Receive Offers to enter into agreements for the ex-
traction of oil, gas and other hydrocarbons in and from under-cer-
tain submerged -lands situate in and under the Pacific Ocean and
entirely within the legally established boundaries of the City of
Huntington Beach, and
WHEREAS, they have required each bidder, as a condition
precedent to the consideration of his bid, that such bidder shall
furnish evidence that the bidder has procured necessary sites and
rights of way northerly of the northerly line of Ocean Avenue
and between the easterly boundary of Tenth Street and the westerly
boundary of Twenty-Third Street in the City of Huntington Beach,
State of California, and
WHEREAS, it has been rumored that an effort may be made
to drill wells southerly of Ocean Avenue and adjacent to the right-
of-way of the Pacific Electric Railway, and
WHEREAS, each bidder is required to furnish evidence that
he has procured said rights of way for all operations contem-
plated and necessary under the provisions of the bid and of the
law without cost or obligation to the State, and
WHEREAS, it clearly appears that the contemplated operations
will pass into and under property owned by property owners other
than the State of California, and
WHEREAS, the called for bids contemplate the immediate and
simultaneous drilling of ten (10) wells in the most congested and
closely drilled area of the City and very close to other valuable
oil wells now producing large quantities of oil and gas, and
WHEREAS, such simultaneous drilling of wells will add very
greatly to the noise, annoyance, fire hazards and also to the dangers
of explosion and to the possible and probable injury or damage
to life, limb and property, all of which will materially interfere
with and be a detriment and inconvenience to the general public,
NOW, THEREFORE, in and by the above preamble and state-
ment the Council declares and defines that an emergency exists
necessitating the following ordinance for the immediate preserva-
192 ORDINANCE NO. 418
tion of the public peace, property, convenience, health and safety;
WHEREFORE, the City Council of the City of Huntington Beach,
California, does ordain as follows:
Section 1. The term "drilling" as used herein shall be, and
shall be defined to mean, drilling in the ordinary sense, or deepen-
ing repairing, redrilling or otherwise reconditioning any well to the
depth of three hundred (300) feet below its present bottom, except
when a new and deeper zone, capable of producing oil and gas
in paying quantities, is found or discovered at a greater depth
immediately beneath the property location, or permitted area from
which said well was originally drilled.
Section 2. Specifications for all oil well derricks to be erected
shall be filed with the Building Inspector of the City and shall
be subject to his approval. Such derricks shall be constructed of
steel, except that the derrick floors, pump house floors, pipe racks,
sills, postings, walkways, mud ditches, bull wheels, calf wheels and
band wheels may be of wooden construction.
There shall be installed and maintained on each derrick or
oil well, a sign on which shall appear the name of the well being
drilled or operated, together with the name of the person, firm
or corporation drilling or operating the well. The letters of such
sign shall be at least two (2) inches high. The sign shall be located
on the derrick so that it will be fully visible from two (2) opposite
sides of the derrick.
Section 3. It shall be unlawful for any person, firm, co-
partnership or corporation to drill, re-drill, deepen, recondition
or repair any well, or to erect or rebuild any derrick, the provisions
Of any other ordinance of the City of Huntington Beach to the
contrary not withstanding, unless he first make written application
to the City Engineer of the City of Huntington Beach, who shall
examine and investigate the same and place his endorsement thereon
and present to the City Council at the next regular meeting, or
adjourned regular meeting, of said City Council. The City Council
shall examine said application and grant or reject the same. Said
application shall be accompanied by a plat or map, drawn on trac-
ing linen, or a legible blue print thereof, with a sheet size of 22
inches by 34 inches, showing on a scale of 1 inch egauls 40 feet,
showing the location of the proposed operations and the distance
from existing oil wells, boiler plants, tanks and buildings and other
structures, highways, streets or alleys, and railroads, within two
hundred (200) feet of said proposed location; said application shall
also show the depth to which said well is proposed to be drilled,
together with a statement and designation on the plat or map, drawn
to a scale of 1 inch equals 200 feet, of where said well will be
bottomed, and said plat shall bear the names of the streets, high-
ways, railways, owners and lessees of adjacent property or wells,
and no permit or license shall be issued for the drilling, redrilling,
deepening, reconditioning or repairing of any well, or the erect-
ing or rebuilding of any derrick, unless the application and proposal
ORDINANCE NO. 418 193
complies with the provisions of this Ordinance.
Section 4. It shall be unlawful for any person, firm, co-part-
nership or corporation to drill any oil or gas well where the center
of the hole is:
a. Within one hundred (100) feet from the nearest rail of
any steam or electric line of railway.
b. Within thirty-five (35) feet of any public street, sidewalk
or highway in public use prior to the commencement of drilling
of such well, except any alley intersecting or lying within any block
or other sub-division unit.
c. Within one hundred (100) feet of any now existing oil
or gas well or oil or gas well derrick having as its superstructure
a wooden derrick, or tower regardless of whether said well is produc-
ing or not. -
Section 5. When one or more lots are affected by any.dis-
tance limitation prescribed herein, no permit shall be issued until
a written agreement has been executed by the owners or for the
benefit of all owners of lots within the affected area, granting to
the lots an interest in the royalty in the nature of a. covenant
running with the land in direct proportion to the square footage
from which they are entitled to a royalty because.of such ownership;
provided further and also that special permits with special con-
ditions and exceptions may be issued for the express purpose of
avoiding any injustice and when the public peace, property, health
and safety will not be seriously endangered, and then only by a
four-fifths (4-5) vote of the City Council after an open public
hearing.
Section 6. No permit which may be issued hereunder shall
be construed as a consent, encouragement, license, grant, or a per-
mission by the City for any drilling or taking of any oil or gas
outside of or beyond the perpendicular boundaries prolonged down-
wards of the immediate lot and property from which the said
well is drilled, and said City shall not be liable for any damages
which may result from or because of any drilling operations, and
said applicant and permittee shall and must hold the City harm-
less from any and all liability growing out of the issuing of such
permit or any and all operations contemplated or performed there-
after, and any permit or license issued shall be conditioned upon
the execution and delivery by the operator to the City of a written
agreement, including a good and sufficient bond, whereby, upon
request of the City, the said applicant or operator drilling the well
at its sole cost and expense shall furnish to the said City an ac-
curate and satisfactory survey of the said well showing its course
as it progresses downward, and the location of the bottom of the
well and all perforated sections of casing and producing zones, and
also whereby he, they, or it shall protect and hold the City free
and harmless from any and all damages and other payments of
whatsoever nature or kind as might be claimed by any party, in-
dividual, corporation, county, state or the United States of America,
194 ORDINANCE .NO. 418
or any agency of any such party, which may result from. or. be-
cause of any such operations.
Section 7. If any section, subsection, sentence, clause or phrase
of this Ordinance for any reason is held to be unconstitutional,
such decision shall not affect the validity of the remaining portion
of this Ordinance. The City Council of the City of Huntington
Beach, California, hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that anyone; or more sec-
tions, subsections, .sentences, clauses. or. phrases .be declared un-
constitutional.
Section 8. Every person; firm, co-partnership or corporation,
whether..as principal, agent, servant, employee, or otherwise, vio-
lating or failing, neglecting or refusing. to comply with any•of. the
provisions of this Ordinance shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be punished by a fine
not exceeding Five Hundred ($500.00) Dollars, or by imprisonment
for not more than six (6) months, or by both such fine and im-
prisonment;.and each such person, firm, co-partnership or corpora-
tion shall be deemed guilty of a separate offense for each day dur-
ing any portion of which the violation of or failure, ne.glect or
refusal to comply with any of the provisions of this Ordinance is
committed, continued or permitted.
Enacted October 28, 1938.
ORDINANCE NO. 425 195
ORDINANCE NO. 425
AN ORDINANCE PROVIDING A SYSTEM FOR THE RAISING
OF REVENUE BY TAXATION FOR THE CITY OF HUNT-
INGTON BEACH, CALIFORNIA.
—i—
The City Council of the City of Huntington Beach, California,
do ordain as follows:
Section 1. This Ordinance establishes the law of this City
respecting the subject to which it relates.
(As amended by Ordinance No. 433.)
Section 2. All persons who, at the time this Ordinance goes
into effect, hold office under any Ordinance repealed by this Ordi-
nance, which offices are continued by this Ordinance, continue to
hold them according to their former tenure.
Section 3. Any action or proceeding commenced before this
Ordinance takes effect, or any right accrued, is not affected by
this Ordinance, but all procedure taken shall conform to the pro-
visions of this Ordinance as far as possible.
Section 4. If any provision of this Ordinance, or its applica-
tion to any person or circumstances, is held invalid, the remainder
of the Ordinance, or the application of the provision to other per-
sons or circumstances, is not affected.
Section 5. Unless the context otherwise requires, the general
provisions hereinafter set forth govern the construction of this
Ordinance.
Section 6. Division, chapter, article, and section headings do
not in any manner affect the scope, meaning, or intent of the pro-
visions of this Ordinance.
Section 7. Whenever any reference is made to any portion of
this Ordinance or of any other ordinance of this City the reference
applies to all amendments and additions thereto now or hereafter
made.
Section 8. "Section" means a section of this Ordinance unless
some other ordinance is specifically mentioned and "subdivision"
means a subdivision of the section in which that term occurs un-
less some other section is expressly mentioned.
Section 9. The present tense includes the past and future
tenses; and the future, the present.
Section 10. The masculine gender includes the feminine and
neuter.
Section 11. The singular number includes the plural, and the
196 ORDINANCE NO. 425
plural the singular.
Section 12. "Shall" is mandatory and "may" is permissive.
Section 13. "Oath" includes affirmation.
Section 14. "Person" includes any person, firm, partnership,
association, corporation, company, syndicate, estate, trust, business
trust, or organization of any kind.
Section 15.. "Property" includes all matters and things, real
personal, and mixed, capable of private ownership.
Section 16. "Real Estate" or "real property" includes:
(a) The possession of, claim to, ownership of, or right to the
possession of land.
. (b) All mines, minerals, and quarries in the land, all stand-
ing timber whether or not belonging to the owner of the land, and
all rights and privileges appertaining thereto.
(c) Improvements.
Section 17. "Improvements" includes:
(a) All buildings, structures, fences, and fixtures erected on
or affixed to the land.
(b) All fruit, nut bearing, or ornamental trees and vines, not
of natural growth, and not exempt from taxation.
(c) Alfalfa, after the first year's planting.
Section 18. "Personal property" includes all property except real
estate.
Section 19. "Possessory interests" means:
(a) The possession of, claim to, or right to the possession of
land or improvements, except when resulting from ownership of
the land or improvements.
(b) Taxable improvements on tax exempt land.
Possessory interests shall not be considered as sufficient se-
curity for the payment of any taxes.
Section 20. "State assessed property" means all property re-
quired to be assessed by the state board of equalization under Sec-
tion 14 of Article XIII of the constitution.
Section 21. "Roll" means the entire assessment roll. The "se-
cured roll" is that part of the roll containing state assessed property
and property the taxes on which are a lien on real property suffi-
cient, in the opinion of the assessor, to secure payment of the
taxes. The remainder of the roll is the "unsecured roll". The
"local roll" is those parts of the secured roll and the unsecured
roll containing property which it is the city assessor's duty to assess.
Section 22. "Value", "full cash value", or "cash value" means
ORDINANCE NO. 425 197
the amount at which property .would be ,taken in payment of a
just debt from a solvent debtor.
Section 23. "Assessee" means the person. to whom property or
a tax is assessed.
Section 24. "Lien date" is the time when taxes for any fiscal
year become a lien on property. This time is the first Monday in
March preceding the bebinning of the fiscal- year for which the
taxes are to be collected.
Section 25: "Assessment period" is between the lien date and
the end of '.the regular, annual time within `which the city board
of equalization may equalize assessments.
Section 26. "Redemption- officer" means the city collector.
Section 27. "Taxing agency" includes the state, county and every
district that assesses property for taxation purposes and levies taxes
or assessments on the property so assessed.
Section 28. "Revenue district" includes every district for, which
this city assesses property and collects taxes or assessments.
Section 29. "Amount of sold taxes" on property which has been
sold to the city means the sum of the following amounts.
(a) The amount of taxes which were a lien on the real prop-
erty at the time of sale..
(b) All other unpaid .taxes of every description which were
a lien on the property for the year of sale and for each year
since the sale, as shown on the rolls. As used in this subdivision,
"rolls" does not include any roll for which the time of,sale to the
city is not past.
Section 30. "Current taxes" means taxes which are a lien on
property but which are not included in the "amount of sold taxes"
as defined in this Ordinance, except that between a lien date and
the time in the same calendar year when property is sold to the
city for taxes the taxes. becoming a lien on this lien date in,such
calendar year are not yet "current taxes".
Section 31. "Current roll" means the roll containing the prop-.
erty on which current taxes are a lien. -
Section 32. "Tax sold property" is real 'property which has
been sold to the city by operation of law for-taxes and from which
the lien of the taxes for which it was .sold has not been removed.
Section 33. "Tax deeded property" is real property which has
been deeded to the.city for taxes.
Section 34. Writing includes any form of recorded message
capable of comprehension by ordinary visual means. Whenever any
notice, report, petition, permit, statement, or record is required by
this Ordinance, it shall be made in writing.
Section 35. Unless expressly otherwise provided, any notice re-
198 ORDINANCE NO. 425
quired to be given to any person by any provision of this Ordinance
may be given by mail. For service by mail; the notice shall be
deposited in the post office in a sealed envelope, postage paid, ad-
dressed to the proper person at his address as shown on any docu-
ment in the matter concerning which the notice is sent, or at his
last known address, or if no address is known, to him.in this city.
Section 36. Whenever it is required by this Ordinance that
any publication be made, it shall be made in a newspaper of gen-
eral circulation published in this city. It there is no such news-
paper, publication shall be made by .posting in three public places
in the city for the required length of time, but no less than five
days, or as otherwise directed by the City Council.
Section 37. In the assessment, advertisement, and sale of real
property for taxes, any abbreviations may be used if a. written ex-
planation of them appears either:
(a) On each page of the roll ,or
(b) In,the front of each book of the-.roll and a reference
to this explanation appears on each page of the roll.
Section 38. If any act is required by this Ordinance to be per-
formed on or before a paticular date and the date falls on a Sun-
day or holiday, the act may be performed on the next business day
with the same effect as if performed on the particular date.
Section 39. No act in all the proceedings for raising revenue
by taxation is illegal on account of informality or because not
completed within the required time.
Section 40. Whenever a power is granted to, or a duty im-
posed on, any person by any provision of this Ordinance,. it may
be_exercised.or performed by any deputy or person authorized by
him, unless it is expressly. provided that it shall be exercised in
person.
Section 41. The fiscal year shall begin July 1 and end June 30.
Section 42. That all assessments, reports, statements and other
records in 'the City Collector's and City Assessor's office shall be
public records unless herein otherwise expressly provided.
(Added by Ordinance No. 433.) -
DIVISION I. ASSESSMENT
Obapter"I. Taxable and Exempt Property
Section 101. All property in this city, not exempt from city
taxation under the laws of the United States or of this state, is sub-
ject to taxation.
Section 102. Except in the case of publicly owned property,
tax exempt property shall be included in the property statement
and the exemption claimed by affidavit of the person claiming
exemption. The affidavit shall contain such information relating
ORDINANCE NO. 425 199
to the exemption as is required by the assessor.
Section 103. If any person claiming an exemption fails to fol-
low the required procedure, the property may be treated as if the
exemption did not exist.
Chapter 2—General Requirements
Section 131. All taxable property assessed by the City assessor
shall be assessed at full cash value.
Section .132. Land shall be legally described for.tax purposes
in any manner sufficient to identify it.
Section 133. Cultivated and uncultivated land of the same
quality and similarly situated shall be assessed at the same value.
Section 134. Annually, between the lien date and July 1, the
assessor shall ascertain all the taxable property.in the city, except
state assessed property and intang,ble personal property, and shall
assess it to the persons owning, claiming, possessing, or controlling
it on the lien date.
Section 135. The assessor and his sureties are liable for all
taxes on property which is unassessed through his wilful failure
or inexcusable neglect.
Section 136. Tax sold property shall be assessed as though
not sold to the city.
Chapter 3—Information from Taxpayer
Section 161. The assessor shall exact from each person a writ-
ten property statement, under oath.
Section 162. The property statement shall show all taxable
property in the city owned, claimed, possessed, or controlled by:
(a) The person making the statement.
(b) Any firm of which he is a member.
(c) Any corporation of which he is president, secretary, cashier,
or managing agent.
Whenever one member of a firm, or one of the proper officers
of a corporation, has made a statement showing the property of
the firm or corporation, another member or officer need not in-
clude the property in his statement; but his statement shall show
the name of the person making the statement which includes the
property. He shall furnish any required information or records
to the assessor for examination at any time.
Section 163. The property statement shall also show:
(a) Legal description of all real estate.
(b) An exact description and the location of personal property.
Section 164. The property statement shall show all informa-
tion as of the lien date.
Section 165. The assessor may fill out the statement when he
200 ORDINANCE NO. 425
presents it, or he may leave it and require that it be filled out
and returned to him within an appointed time.
Section 166. Every person shall file the property statement be-
tween the first Monday in March and June 24, annually, and with-
in such time as the assessor may appoint. As required by the as-
sessor, at any time, every person shall furnish information or
records for examination.
Section 167. Failure of the assessor to demand or secure the
property statement does not render any assessment invalid.
Section 168. The assessor may require any person found in
the city to make and subscribe an affidavit, showing his name,
place of residence or place of business. and whether he is the owner
of any taxable property in the city.
Section 169. The assessor may subpoena and examine any per-
son in relation to:
(a) Any statement furnished him, or
.(b) Any statement disclosing property assessable in the city
that may be stored with, possessed, or controlled by the person.
Section 170. Every person who wilfully states anything which
he knows to be false in any oral or written statement, not under
oath, required or authorized to be made as the basis of imposing
any tax or assessment, is guilty of a misdemeanor.
Section 171. Every person is guilty of a misdemeanor who,
after proper demand by the assessor, does any of the following:
(a) Refuses to give the assessor a list of his taxable property.
(b) Refuses to swear to the list.
(c) Gives a false name.
(d) Fraudulently refuses to give his true name.
Chapter 4—Property Escaping Assessment
Section 231. If any property has escaped assessment and is
owned or controlled by the same person who owned or controlled
it for the year for which it escaped assessment, the assessor shall
assess the property at its value on the lien date for every such year.
Section 232. Any property wilfully concealed, removed, trans-
ferred, or misrepresented by the owner or his agent to evade taxa-
tion, shall be penally assessed on discovery at not exceeding ten
times its value. This assessment shall be marked "penal assessment"
and shall not be reduced by the city board of equalization.
Section 233. When the property is discovered during an assess-
ment period, the assessment shall be entered only on the roll being
prepared.
Section 234. When the property is discovered outside an as-
sessment period, the assessment shall be entered on the roll pre-
pared in the next succeeding assessment period.
In addition, if the property belongs on the unsecured roll, the
ORDINANCE NO. 425 201
assessor shall notify the auditor of the valuation. The auditor
shall immediately place the property on the roll on which taxes
are being collected. If the taxes and penalties due are collected
before the next assessment period, it need not be placed on the
succeeding roll.
Section 235. The entry of the assessment shall be followed
with "Ecaped assessment for year 19........".
Section 236. Property escaping assessment shall be treated like
property regularly assessed on the roll on which it is entered.
Section 237. The assessor shall not, without the taxpayer's
written permission, assess property for the year in which it escaped
assessment after the end of the second assessment period succeeding
the assessment period for the year in which it escaped assessment.
Chapter 5—Assessment Roll
Section 291. The assessor shall prepare an assessment roll in
which shall be listed all property within the city which it is the
assessor's duty to assess.
Section 292. This local roll shall separately show:
(a) The name and address, if known, of the assessee.
(b) Description of the property.
(c) All possessory interests and personal property, showing
the number, kind, amount, and quality. A failure to enumerate
personal property in detail does not invalidate the assessment.
(d) The cash value of real estate, except improvements.
(e) The cash value of improvements assessed to the owner
of the land.
(f) The cash value of improvements assessed to any person
other than the owner of the land.
(g) The cash value of money.
(h) The cash value of all other personal property.
(i) The revenue district in which each piece of property as-
sessed is situated as of February 1, next preceding the lien date.
(j) The total value of all property assessed.
Section 293. When any tract of land is situated in two
or more revenue districts, the part in each district shall be separately
assessed.
Section 294. Land and improvements thereon shall be separately
assessed.
Section 295. Improvements shall be assessed by showing their
value opposite the description of the land on which they are located.
Section 296. Taxable improvements on land exempt from taxa-
tion shall be shown like other real estate on the roll. Values shall
not be assessed against the exempt land and the land does not
become responsible for the assessment made against the taxable
202 ORDINANCE NO. 425
improvements.
Section 297. Land once described on the roll need not be
described a second time, but any person, claiming and desiring
to be assessed for it, may have his name inserted with that of the
assessee.
Section 298. If the name of an absent owner is known to the
assessor, or if it appears of record in the office of the city clerk,
auditor or city collector, the property shall be assessed to it; other-
wise, the property shall be assessed to unknown owners.
Section 299. When a person is assessed as agent, trustee, bailee,
guardian, executor, or administrator, his representative designation
shall be added to his name, and the assessment entered separately
from his individual assessment.
Section 300. The undistributed or unpartitioned property of
deceased persons may be assessed to the heirs, guardians, executors,
or administrators.
Section 361. Property in litigation in possession of a county
or city treasurer, court, county or city clerk, or receiver shall be
assessed to the officer in possession.
Section 302. No mistake in the name of the owner or supposed
owner of real estate renders invalid an assessment or any subsequent
step to and including the deed to the city.
Section 303. After each assessment of tax sold property the
assessor shall enter on the roll the fact that it has been sold for
taxes and the date of the sale.
Section 304. Whenever property, which has been deeded to
the city for taxes and is not on the current roll, is sold to a
private purchaser, the property shall not be entered on the current
roll but shall be assessed on the suceeding roll whether the lien
(late for the succeeding roll has passed or not.
Section 305. The assessor shall prepare an index to the local
roll, showing the name of the taxpayer and each page where his
assessment appears or each assessment number under which his
assessment appears.
Section 306. On or before July 1, anually, the assessor shall
complete the local roll. He shall make an affidavit on the local
roll that:
(a) He has diligently attempted to ascertain all taxable prop-
erty in the city subject to assessment by him.
(b) All property has been assessed on the roll according to
his best judgment, information, and belief at its cash value.
(c) That he has not maliciously imposed an unjust assessment.
(d) That he has not intentionally allowed any one to escape
ORDINANCE NO. 425 203
a just assessment.
(e) That he has complied with all duties imposed on the as-
sessor by law.
Failure to make this affidavit, or any affidavit, does not affect
the validity of the assessment.
The assessor may require from any of his deputies an affidavit
on the roll similar to his own.
Section 307. As soon as the assessor completes the roll he shall
deliver the local roll, map books, and statements to the city clerk,
who is ex-officio clerk of the city board of equalization.
DIVISION H—EQUALIZATION
Chapter 1—Generally
Section 451. Immediately on receipt of the local roll from the
assessor, the city collector shall give notice, by two publications, of
the completion of the local roll and of the time the city board of
equalization will meet to equalize assessments.
Section 452. Until the equalization is finished, the local roll
and map books shall remain in the clerk's office for the inspection
of all persons interested.
Section 453. Annually, on the second Monday in July, at
the hour of 7:30 P. M., the city council shall meet as the city board
of equalization to examine the local roll and equalize the assess-
ment of property in the city. It shall continue in session for that
purpose, from time to time, until the business of equalization is
disposed of, but not longer than fifteen days.
Section 454. The board of equalization may increase or lower
any assessment on the local roll in order to equalize the assessment
of property in the city.
Section 455. A reduction in an assessment shall be made only
tinder at least one of the following conditions:
(a) The party affected or his agent makes and files with the
city board of equalization a verified, written application for re-
duction, showing the facts claimed to require the reduction.
(b) The reduction is recommended in writing by the assessor.
Section 456. Before the board of equalization makes any re-
duction on application of the person affected or his agent, it shall
examine, on oath, the person affected or the agent making the ap-
plication touching the value of the property. A reduction shall not
be made unless the person or agent attends and answers all ques-
tions pertinent to the inquiry.
Section 457. On the hearing of the application, the board may
subpoena witnesses and take evidence in relation to the inquiry.
Section 458. During the session of the board of equalization,
the assessor and any deputy whose testimony is needed shall be
204 ORDINANCE NO. 425
present and make any statement or produce evidence on matters
before the board.
Section 459. The board of equalization may direct the as-
sessor to:
(a) Assess any taxable property that has escaped assessment.
(b) Change the amount, number, quantity, or description of
property.
(c) Make and enter new assessments, at the same -time can-
celling previous entries, when any assessment made by him is
deemed by the board so incomplete as to render doubtful the col-
lection of the tax.
Section 460. The clerk shall record, in a book kept for that
purpose, all changes and orders made by the board of equalization
and, during its session, or as soon as possible after its adjourn-
ment, shall enter on the roll all changes made by the-board.
Section 461. After the board has completed its work, the-map
books and statements shall be returned to the assessor's office and
kept there for future reference.
Section 462. Within three days after adjournment of the board
the clerk shall deliver the corrected local roll to the auditor with
his affixed certificate that all changes directed by the city board
of equalization and no others have been entered on the roll by him.
Section 463. Every person who wilfully states anything which
he knows to be false in any oral or written statement, not under
oath, required or authorized to be made as the basis of an applica-
tion to reduce any tax or assessment, is guilty of a misdemeanor.
Chapter 2--Duties of Auditor
Section 491. As soon as the auditor receives the local roll from
the clerk of the board of equalization he shall add up the valuation
on it and enter on the roll the total valuation of each kind of
property and the total valuation of all property.
Section 492. Annually, immediately after equalization is com-
pleted, the auditor shall prepare a valuation statement, verified by
his attached affidavit, from the local roll as'corrected by the city
board of equalization.
Section 493. The valuation statement shall show in separate
columns:
(a) The total value of all property.
(b) The value of real estate.
(c) The value of improvements.
(d) The value of possessory interests and personal property,
exclusive of money.
(e) The amount of money.
(f)Any other information as requested by the state board of
ORDINANCE NO. 425 205
equalization.
Section 494. As soon as the valuation statement is prepared,
the auditor shall transmit it to the state board of equalization.
DIVISION III—LEVY OF TAX
Chapter 1—Determination of Tax
Section 601. Not later than the regular meeting of September,
annually, the city council shall by resolution fix the rate of city
and district taxes, designating the number of dollars and cents
levied for each fund on each one hundred dollars of property valu-
ation, and shall levy the city taxes on the taxable property in the
city.
In designating the rate levied for each fund and the city tax
rate, computations shall be carried to the hundredth of a cent;
fractions of a hundredth of a cent equal to a half or greater shall
be considered as a hundredth of a cent and fraction of less than
a half shall be disregarded.
The tax rate may be fixed after the first meeting in Setpember
by a resolution stating the reasons why it was not fixed on or before
said first meeting in September.
Section 602. The auditor shall then:
(a) Compute and enter in a separate column on the roll the
respective sums in dollars and cents to be paid as a tax on the
property included in each assessment.
(b) Place in other columns the respective amounts due in in-
stallments.
(c) Foot each column showing the totals.
Fractions of a cent equal to a half or greater shall be con-
sidered as a cent and fractions of less than a half shall be dis-
regarded in computing the total tax on penalties on any assess-
ment.
Chapter 2—Effects of Tax
Section 636. Every tax is a personal obligation of the assessee.
Section 637. Every tax is a lien against the property assessed.
Section 638. Every tax on personal property is a lien on the
real property of the owner thereof in this city.
Section 639. Every tax on improvements is a lien against the
taxable land on which they are located, whether they are assessed
to the landowner or to some other person.
Section 640. Every tax on an assessment of possessory interests
is a lien on the other taxable real property of the owner in this city.
Section 641. All tax liens attach as of the lien date.
Section 642. All tax liens are paramount to all other liens.
Section 643. Except as otherwise provided in this chapter,
206 ORDINANCE NO. 425
the personal obligation is satisfied and the tax lien removed when,
but not before,
(a) The tax is paid or legally cancelled or,
(b) For non-payment of any taxes, the property is sold to
a private purchaser or deeded to the city.
Section 644. After thirty years succeeding the time, hereto-
fore or hereafter, when any tax becomes a lien, if the lien has not
been otherwise removed, the lien ceases to exist and the tax is
conclusively presumed to be paid. The redemption officer shall mark
the tax paid in the records.
DIVISION IV—COLLECTION OF TAXES
Chapter 1—Medium of Payment
Section 701. Taxes shall be paid in no other medium than
those provided in this chapter.
Section 702. Taxes may be paid in lawful money of the United
States.
Section 703. A tax levied for a special purpose shall be paid
in such funds as may be directed.
Section 704. As used in this chapter, "negotiable paper" means
checks, drafts, and express and post-office money orders.
Section 705. The city collector., or treasurer may in his discre-
tion accept negotiable paper in payment of any tax, assessment,
or license.
Section 706. The acceptance of negotiable paper constitutes
a payment of tax, assessment, or license as of the date of acceptance
when, but not before, the negotiable paper is duly paid.
Section 707. If any negotiable paper be not paid for any rea-
son, any record of payment made on any official record because
of its acceptance shall be cancelled, and the tax, assessment, or
license is a lien as though no payment has been attempted.
The officer accepting negotiable paper shall make any memo-
randa necessary to enable him to make proper cancellation on its
return without payment.
Section 708. When a cancellation is made, the officer making
it shall record it in a book kept by him for that purpose. He shall
immediately send a notice to the person who attempted by the
negotiable paper of the cancellation of the payment.
The validity of any tax, assessment, license, penalties, or costs
is not affected by failure or irregularity in giving the notice.
Chapter 2—Collection Generally
Section 736. On or before October 1, the auditor shall deliver
the secured roll to the city collector.
Section 737. The city collector shall collect all property taxes
ORDINANCE NO. 425 207
except as otherwise expressly provided.
Section 738. On delivering the secured roll to the city collector
the auditor shall charge him with the taxes thereon.
Section 739. When property is placed on the roll after it has
been delivered to the city collector, the auditor shall immediately
compute and enter the tax and other charges and make any neces-
sary changes in his account with the city collector.
Section 740. The following taxes are due November 1:
(a) All taxes on the secured roll, except taxes on real prop-
erty other than possessory interests.
(b) The first half of taxes on real property other than pos-
sessory interests.
Section 741. The second half of taxes on real property, other
than possessory interests, is due January 20.
Section 742. The entire tax on real property may be paid when
the first installment is due.
Section 743. The city collector may fix a date preceding the
due date when payments may be made.
Section 744. On or before the day when taxes on the secured
roll are payable the city collector shall publish a notice specifying.
(a) The dates when taxes levied on the secured roll will be
due.
(b) The times when these taxes will be delinquent.
(c) The penalties for delinquency.
(d) That all taxes may be paid when the first installment
is due.
(e) The time and place at which payment may be made.
Section 745. The notice shall be published once.
Section 746. As soon as possible after receipt of the completed
roll the city collector shall mail a tax bill to each assessee whose
address is shown on the roll.
The failure or neglect of the city collector to send the tax bill
or any similar notice, or the fact that the assessee did not receive
the tax bill or any similar notice, does not affect the validity of
any tax or any proceeding to enforce collection of a tax.
Section 747. The tax bill shall specify:
(a) The amount of the assessment.
(b) The amount of tax levied.
(c)The amount of each installment.
(d) The beginning and end of the fiscal year for which the
208 ORDINANCE NO. 425
tax is levied.
(e) The description of the property.
(f) A notice that if taxes are unpaid it will be necessary to
pay penalties.
(g) The rates for computing delinquent penalties and redemp-
tion penalties.
Section 748. On the tax bill for tax sold property shall appear
in writing the fact that it has been sold for taxes and the date of
sales.
Section 749. All taxes shall be paid at the collector's office.
Section 750. The city collector shall mark the fact and date of
payment on the roll opposite the name of the assessee.
Section 751. The city collector shall give the person making
payment a receipt, written on the tax bill or a copy of the tax
bill, specifying the amount of tax paid and the amount remaining
unpaid.
Section 752. On the first Monday in each month the city col-
lector shall report to the auditor for all moneys collected. On the
same day he shall file with the auditor a statement under oath,
showing:
(a) An itemized account of all his transactions and his receipts
since his last settlement, including the amount collected for each
fund or district extended on the roll.
(b) That all money collected by him has been paid as required
by law.
Section 753. All taxes due November 1, if unpaid, are delin-
quent December 5 at 5 P. M. and thereafter a delinquent penalty
of 81110 attaches to them. If these taxes are not paid before the
second half of taxes on real property is delinquent, an additional
delinquent penalty of 3010 attaches to them.
Section 754. The second half of taxes on real property, if un-
paid, is delinquent April 20 at 5 P. M. and thereafter a delinquent
penalty of 3010 attaches to it.
Section 755. If December 5 or April 20 falls on Saturday, the
hour of delinquency is 12 M.
Section 756. After the second half of taxes on real property
is delinquent, the city collector shall collect as the cost of preparing
the delinquent list fifty cents on each assessment on the secured
roll of:
(a) Real property, except possessory interests.
(b) Possessory interests.
(c) Personal property.
Section 757. After the first half of taxes on real property is
delinquent, the city collector shall compute and enter on the secured
ORDINANCE NO. 425 209
roll the delinquent penalties against all taxes not marked paid.
Section 758. Annually on December 19 the auditor shall start
examination of the secured roll. Within ten days, he shall verify,
and charge the city collector with, the amount of delinquent penal-
ties due on the secured roll.
Section 759. After the second half of taxes on real property
is delinquent, the city collector shall compute and enter on the
secured roll the delinquent penalties and costs against all taxes
not marked paid, and shall prepare a delinquent list. In numerical
or alphabetical order, the delinquent list shall show the followinag
information relating to each assessment of property, the taxes on
which are delinquent:
(a) The assessee.
(b) The description of the property.
(c) The total amount due which is a lien on the property.
Section 760. Annually on May 10 the auditor shall start ex-
amination of the secured roll and shall compare it with the delin-
quent list. Within 10 days, he shall verify, and charge the city
collector with, the amount of delinquent penalties and costs not
previously charged to the city collector. He shall also correct and
approve the delinquent list.
Section 761. Immediately after the time property is sold to the
city for taxes the auditor shall administer an oath to the city col-
lector, to be written and subscribed on the roll, that all property
en which taxes have been paid has been credited with such pay-
ment on the roll.
Section 762. The auditor shall then examine the secured roll
and shall have a final settlement with the city collector of all
amounts charged against him on the secured roll. The city collector
shall deliver the treasurer's receipt to the auditor and shall imme-
diately account for any deficiency. The secured roll shall then
be placed in the permanent custody of the redemption officer.
Section 763. The roll or delinquent list, or a copy certified by
the redemption officer, showing unpaid taxes against any property,
is prima facie evidence of:
(a) The assessment.
(b) The property assessed.
(c) The delinquency.
(d) The amount due and unpaid.
(e) Compliance with all forms of law relating to assessment
and levy of the taxes.
Section 764. If the city collector refuses or neglects for five
days to make payments or settlements as required by this ordinance,
he is liable for the full amount charged on the roll.
The city attorneys shall bring suit against the city collector
and his sureties for this amount. After the suit is commenced, no
Q
210 ORDINANCE NO. 425
credit shall be made to the city collector for taxes outstanding.
Chapter 3—Collection on Part of an Assessment
Section 795. As used in this- chapter, "parcel" includes an
undivided interest in real property. For purposes of this chapter,
improvements are not a "parcel" separate from the land on which
they are situated.
Section 796. The tax on any, parcel :of real property, except
possessory interests, contained in an assessment and having a
separate valuation on the roll may be paid separately from the.
whole assessment by paying the amount which bears the same pro-
portion to all taxes which are a lien on the whole assessment as
the valuation of all real property, except possessory interests, in
the assessment.
Section 797. On such payment, the city collector shall make
an entry on the roll opposite the assessment showing:
(a) The property released from lien by separate payment of
taxes.
(b) The amount of taxes paid.
(c) The value of the remainder of the assessment.
(d) The balance payable on the assessment.
Section 798. Any person showing evidence by a deed, deed of
trust, mortgage, or decree of court, of an interest in any parcel
of real property, except possessory interests, which does not have
a separate valuation on the roll, and who is not the owner or con-
tract purchaser of the entire piece separately assessed, may apply
to the officer having custody of the roll to have the parcel separately
valued on the roll for the purpose of paying current taxes.
Section 799. The application shall be made after taxes are
payable, before any payment of taxes has been made on the prop-
erty, and before the last installment becomes delinquent.
Section 800. The application shall be accompanied by an af-
fidavit of interest and a fee of fifty cents for each parcel to be
separately valued.
Section 801. The assessor shall describe and place a separate
valuation on each of the parcels. The sum of the valuations of the
parcels shall equal their total valuation before separation. A separate
valuation shall not be made of any parcel covered by a new sub-
division map filed after the lien date.
Section 802. The assessor shall transmit the valuations to the
officer having custody of the roll. This officer shall enter the de-
scriptions and separate valuations on the roll as part of the orig-
inal assessment.
Chapter 4—Collection on the Unsecured Roll
Section 830. Taxes levied on the unsecured roll are due on
the lien date on or next after which lien date the property is assessed.
Section 831. The city collector shall collect taxes on the un-
ORDINANCE NO. 425 211
secured roll, provided that the city collector, with the consent of
the assessor, may appoint the assessor or any or all of his deputies
as deputy collectors, subject to the approval of the City Council,
for the purpose of collecting said unsecured tax.
Section 832. The tax rate to be used in collecting the taxes
on the unsecured roll is the rate last fixed before the taxes be-
come due.
Section 833. On or before the lien date, the auditor shall
furnish the city collector with blank unsecured property receipts,
in a form prescribed by the auditor, and shall charge the city col-
lector with the number of receipts furnished.
Section 834. The assessor shall furnish the city collector daily
with such portions of the unsecured roll as are completed.
Section 835. The fact and date of payment on the unsecured
roll shall be marked opposite the name of the assessee.
Section 836. Taxes on the unsecured roll may be collected by
seizure and sale of any of the following property belonging or
assessed to the assessee:
(a) Personal property.
(b) Possessory interests.
Section 837. A record shall be kept of the property seized and
sold.
Section 838. The sale shall be at public auction. A sufficient
amount of the property shall be sold to pay the taxes, penalties,
and costs of seizure and sale.
Section 839. Notice of the time and place of sale shall be
published once at least one week before the sale.
Section 840. On payment of the price bid for property sold,
delivery of the property with a bill of sale vests title in the purchaser.
Section 841. The owner of the property or his successor in
interest is entitled to a refund of any excess in the proceeds of
the sale over the taxes, penalties, and costs in the same manner
as an over-payment of tax is refunded. If not claimed within three
years after the sale, this excess belongs to the city and shall be
placed in the general fund.
Section 842. The unsold portion of any property may be left
at the place of sale at the risk of the owner.
Section 843. Property shall not be seized and sold for taxes
after one year succeeding the time the taxes become due, except
that if the property is discovered and assessed outside an assess-
ment period the power to seize and sell is extended to one year
after the lien date succeeding the,discovery and assessment.
Section 844. Taxes on the unsecured roll are delinquent July
1, regardless of whether the property is discovered and assessed
212 ORDINANCE NO. 425
before or after such date, and thereafter a delinquent penalty of
8% attaches to them.
Section 845. After taxes on the unsecured roll are delinquent,
the city collector shall compute and enter on the unsecured roll
the delinquent penalties against all taxes not marked paid. As soon
as practicable thereafter, the auditor shall verify, and charge the
city collector with, the amount of delinquent penalties due on the
unsecured roll.
Section 846. Immediately after the statute of limitations runs
on the right to sue for taxes on the unsecured roll, the auditor shall
have a final settlement with the city collector of all amounts
charged against him on such roll. The auditor may arrange for
further settlement as to amounts then involved in pending suits.
Chapter 5—Suits for Taxes
Section 871. No suit shall be brought against an assessee for
taxes on real property other than possessory interests.
Section 872. Where delinquent taxes are not a lien on real
property sufficient, in the opinion of the assessor or the City
Council, to secure the payment of the taxes, and in no other case,
this city may sue in its own name to recover the taxes, delinquent
penalties, and costs.
Section 873. In any suit for taxes, the roll, or a duly certified
copy of any entry, showing the property and unpaid taxes, is prima
facie evidence of the plaintiff's right to recover.
DIVISION V—TAX SALES
Chapter 1—Publication of Delinquent List and Notice of Sale
Section 901. Annually, on or before June 8, the city collector
shall publish the delinquent list. When the amount due on any
assessment included in the delinquent list is paid or legally cancell-
ed before the list is ready for publication, the information relating
to this assessment may be omitted from the publication.
Section 902. With the delinquent list the city collector shall
publish a notice, specifying:
(a) That unless the taxes, penalties, and costs are paid the
real property on which they are a lien will be sold.
(b) The time and place at which the property will be sold
to the city by operation of law.
Section 903. If there is on the delinquent list any tax sold
property which was sold to the city in the fifth preceding calendar
year, or any year prior thereto, a notice shall follow the description
of the property substantially as follows:
"To be sold at public auction, 19......... See sale
No_ ____________________________________ in addenda to this list."
Section 904. The city collector shall publish with the delinquent
list a notice of sale of all tax sold property which was sold to the
ORDINANCE NO. 425 213
city in the fifth preceding calendar year or any year prior thereto.
Section 905. The published notice of sale of tax sold property
shall show:
(a)A list of descriptions of the property. The assessments con-
tained in this notice of sale shall be numbered in re=ular sequence.
(b) That on the date of sale at public auction five years will
have elapsed since the property was sold to the city.
(c) The year of sale to the city.
(d) That the property will be offered for sale at public auc-
tion to the highest bidder for cash, unless sooner redeemed.
(e) The time and place at which the property will be sold.
(f) That the minimum acceptable bid will be the total taxes,
penalties, and costs for which it was sold to the city.
(g) The amount of the minimum bid, opposite the description
of the property.
(h) The time within which the successful bidder must redeem
the property.
(i) That, after a bid is made and accepted at the sale, the
right of redemption ceases, except as to the purchaser.
(j) The date of the notice.
Section 906. The publication shall be made once a week for
three successive weeks in a newspaper of general circulation pub-
lished in this city.
Section 907. Immediately after the publication, the city col-
lector shall file with the city clerk a copy of the publication and
an affixed affidavit. The affidavit shall show:
(a) That it is affixed to a true copy of the publication.
(b) The manner of publication.
(c) Date of first publication and each publication thereafter.
This affidavit is prima facie evidence of the facts stated.
(Amended by Ordinance No. 433.)
Section 908. Within five days after the first publication of the
notice of sale of tax sold property and at least 21 days before the
date of sale, when tax sold property is to be sold at public auction,
the collector shall mail to the last assessee either a copy of the
publication or a notice of sale.
(Amended by Ordinance No. 433.)
Section 909. The mailed notice of sale shall show:
(a) That the property will be offered for sale at public auction
unless redeemed.
(b) The year of sale to the city and the name of the assessee
in that year.
(c)The time and place of sale at public auction.
214 ORDINANCE NO. 425
(d) The description of the particular property.
(e) When the redemption may be made.
(f) The official who will furnish all information concerning
redemption.
Chapter 2—Sale by Operation of Law
Section 936. Not less than 21 or more than 28 days after the
first publication of the delinquent list, at the time fixed in the
publication, the real property on which all taxes, penalties, and
costs have not been paid, except tax sold property and possessory
interests, shall by operation of law and the declaration of the city
collector be sold to the city. The sale shall be in the city collector's
office. The declaration shall be deemed sufficient by the city col-
lector stamping on said delinquent list the words "Sold to City
Section 937. Until the time of sale, the owner or person in
possession of any property in the delinquent list may pay the amount
due.
Section 938. If the city collector discovers before the sale that
because of any error the property should not be sold, he shall not
mark it sold to the city but shall notify the assessor. The property
shall then be treated like property which escaped assessment for
the year for which it was to be sold.
Section 939. In appropriate columns on the roll, opposite each
parcel sold, the city collector shall enter the fact and date of sale
and the amount for which the property was sold.
Section 940. Every person who does any act tending perma-
nently to impair the value of tax sold or tax deeded property is:
(a) Liable for any damages sustained by the city because of
his act.
(b) If the act was done with intent to defraud the city, guilty
of a misdemeanor.
Section 941. Within 30 days after the sale by operation of
law, the city collector shall furnish the auditor with a list in writ-
ing of the property sold. The auditor shall enter on the current
roll opposite the description of the property the fact and date of
sale.
Section 942. The auditor shall transmit the list of property
sold to the assessor who shall enter on his records the fact and
date of sale.
Section 943. If the original sale to the city is ever cancelled
or held void the property shall be treated for all purposes as if
sold to the city in the next subsequent year for which it would
have been validly sold to the city if it had not been tax sold property.
Chapter 3—Sale to Private Parties—Before Deed to the City
Section 966. Not less than 21 nor more than 28 days after the
ORDINANCE NO. 425 215
first publication of the notice of sale of tax sold property, and at
least fivq years after the property was sold to the city, the city
collector shall, as prescribed in this chapter, sell at public auction
to the highest bidder for cash all tax sold property which was sold
to the city in the fifth preceding calendar year or any year prior
thereto. The sale shall begin at the time given in the published
notice of sale and shall continue from day to day thereafter if
additional time is needed to complete the sale. The sale shall be
in the collector's office.
Section 967. No bid shall be accepted at a sale under this
chapter for a sum less than the amount for which the property
was sold to the city.
Section 968. After a bid has been accepted, the right of re-
demption ceases except as to the purchaser. The purchaser shall
pay the amount bid immediately and redeem the property within
thirty days. If he does not redeem, the amount bid and paid is
forfeited. On redemption, he shall receive credit for that portion
of his bid equal to the amount for which the property was sold
to the city. The sale is not completed until the redemption is made.
Section 969. On completion of the sale, the city collector shall,
without charge, forthwith execute a deed, duly acknowledged or
proved, conveying the property to the purchaser or his assigns.
Section 970. In addition to the usual provisions of a deed con-
veying real property, the deed shall specify:-
(a) The year of sale to the city.
(b) That, for the year of sale to the city, the property was
duly assessed and the tax legally levied.
(c) The assessee in the year of sale to the city.
(d) The name of the purchaser at this tax sale and the fact
and date that the property was sold to him for nonpayment of
delinquent taxes which were a lien on the property.
(e) The amount for which the property was sold to the pur-
chaser.
(f) That the property has been redeemed.
(g) That the property is therefore conveyed to the purchaser
according to law.
Section 971. This deed, duly acknowledged or proved is prima
facie evidence and conclusive evidence of the same facts as a deed
to the city for taxes and conveys the same title as a deed to the
city.
Chapter 4—Deed to the City
Section 996. If the sale of any tax sold property at public
auction is not completed, the city collector shall forthwith execute
216 ORDINANCE NO. 425
a deed, duly acknowledged or proved, conveying the property to
the city.
Section 997. In addition to the usual provisions of a deed con-
veying real property, the deed shall specify:
(a) The date of sale to the city.
(b) That for the year of sale to the city, the property was
duly assessed and the tax legally levied.
(c) The assessee in the year of sale to the city.
(d) The amount for which the property was sold.
(e) That five years have elapsed since the sale to the city
and the property has not been redeemed.
(f) That the property is therefore conveyed to the city ac-
cording to law.
Section 998. The deed to the city shall be recorded with the
county recorder and shall thereafter be filed in the city clerk's
office.
Section 999. The deed, duly acknowledged or proved, is prima
facie evidence that:
(a) The property was assessed according to law.
(b) The assessment was equalized according to law.
(c) The taxes were levied according to law.
(d) The taxes were not paid.
(e) The property was sold to the city according to law.
(f) The property was not redeemed.
(g) The proper officer executed the deed.
(h) All the taxes for which the real property was sold were
legally a lien on the real property.
Section 1000. The deed, duly acknowledged or proved, is con-
clusive evidence, except against actual fraud, of the regularity of
all other proceedings, from the assessment of the assessor to the
execution of the deed, both inclusive.
Section 1001. The deed conveys to the city the absolute title
to the property, free from all encumbrances.
Chapter 5—Renting Tax Deeded Property
Section 1026. In the name of the city, the city collector may
rent tax deeded property and may collect all proceeds arising in
any manner from the property.
Section 1027. The city Collector may exact an accounting from
any person of the proceeds from tax deeded prperty.
Section 1028. The city collector may demand and receive
possession of tax deeded property and may mantain an action of
unlawful detainer or of ejectment in the name of the. city against
ORDINANCE NO. 425 217
persons unlawfully on the property.
Section 1029. In the name of the city, the city collector may
do all things relating to renting and receiving the proceeds of tax
deeded property that an absolute owner may do.
Section 1030. All leases shall contain a clause that if the tax
deed is declared void the lessee is entitled only to refund of the
unearned portion of the rental paid, with no further damages. The
refund shall be made in the same manner as an overpayment of
tax is refunded.
Section 1031. The city collector may remove or permit the
removal of any structure or fixture which becomes a public nuis-
ance on receipt of written notice of condemnation from the proper
authority.
Section 1032. On the approval of the city council, the city
collector may make an investigation and appraisal by competent
appraisers of tax deeded property and for this purpose may employ
any necessary assistance. A report of the information resulting
from the investigation and appraisal shall be filed with the city
council.
Section 1033. All moneys received under this chapter shall be
deposited in the general fund.
Chapter 6—Sale to Private Parties
of Tax Deeded Property
Section 1061. The procedure to sell tax deeded property is as
provided in this chapter.
Section 1062. Any person may apply in writing to the city
collector to purchases tax deeded property, tendering the amount
bid.
Section 1063. The application shall describe the property and
shall be accompanied by a sum sufficient to defray the costs of
advertising and conducting the sale. If the applicant fails to se-
cure the property on his bid, this sum shall be returned to him
and these costs shall be collected from the successful bidder. In
either event, this sum is a credit on the amount bid.
Section 1064. At any time without application the city collect-
or may, and on application under this chapter the city collector
shall, transmit a notice in writing to the city council of his intent
to sell tax deeded property.
Section 1065. The notice of intent shall specify:
(a) A description of the property.
(b) A detailed statement of the amount that was needed for
redemption just before deed to the city.
(c) The minimum price at which it is proposed to sell the
property at public auction.
(d) Time and place of sale.
218 ORDINANCE NO. 425
(e) Any term of sale or that the sale is to be for cash.
Section 1066. The minimum price for each parcel shall be
sufficient to cover the required costs of advertising and conducting
the sale, unless otherwise authorized by the city council.
Section 1067. The city council shall by resolution approve,
reject, or change the conditions for the proposed sale and shall
transmit a certified copy of the resolution to the city collector.
Section 1068. On receipt of the resolution, if it allows a sale,
the city collector shall publish notice of the intended sale once
in a newspaper published in the city. The notice shall contain
the same facts as the notice of intent transmitted to the city coun-
cil, as changed by the city council. A copy of the notice shall
also be mailed to the last assessee of the property and to the gov-
erning board of every taxing agency having unpaid taxes which
are a lien on the property. The first publication shall be complet-
ed at least 21 days before the sale.
Section 1069: The city collector may publish additional notice
of the sale in a newspaper or otherwise, but the cost of this add-
itional notice is not a required cost to be included in the minimum
price.
Section 1070. At the time and place specified, the city collect-
or shall sell the property at public auction to the highest bidder.
No bid shall be accepted for less than the specified minimum price.
Section 1071. All bids shall be for cash.
Section 1072. On receipt of the full purchase price, the city
collector shall, without charge, execute a deed, duly acknowledged
or proved, conveying the property to the purchaser or his assigns.
Section 1073. In addition to the usual provisions of a deed
conveying real property, the deed shall specify:
(a) That the property was duly sold and conveyed to the city
for nonpayment of taxes.
(b) That the taxes for which it was sold to the city were
legally levied and were a lien on the property.
(c) That the property was sold at public auction to the high-
est bidder.
(d) That the grantee became the purchaser at this sale and
the amount for which the property was sold to him.
(e) That the property is therefore conveyed to the purchaser
according to law.
Section 1074. This deed, duly acknowledged or proved, is prima
facie evidence and conclusive evidence of the same facts as the
deed to the city for taxes and conveys the title which the city had
Section 1075. Within ten days after executing a deed under
this chapter, the city collector shall transmit to the county recorder
ORDINANCE NO. 425 219
and city assessor a report, specifying:
(a) That the tax deeded property has been sold.
(b) The name of the grantee in the deed.
(c) The date of the deed.
(d) The amount for which the property was sold.
(e) The description of the property.
(f) The number and date of the tax deed to the city.
Section 1076. That if any other taxing agency has a tax lien
on, or tax title to, tax deeded property, the city collector, with the
approval of the City Council, may join with other taxing agencies
in selling the tax deeded property in order to give the purchaser
the rights of the other taxing agencies as well as the city's title,
provided, however, that in the event the Board of Supervisors of
the County of Orange, California, authorizes the sale of tax deed
property pursuant to Chapter 529, Statutes 1939 of the State of
California, the City Council may consent to said sale by resolution
and in the event the county tax collector sells said property pur-
suant to said consent and authorization by the State Controller,
as provided by law, said sale shall be good and valid and of the
same force and effecto as if sold by the City; and the City Collector
is hereby directed to prepare and present a demand for any monies
due the city pursuant to said statute. (Amended by Ordinance
No. 433)
DIVISION VI—REDEMPTION
Chapter 1—Redemption Generally
Section 1201. Tax sold property may be redeemed by the
owner or his successor in interest, at any time thereafter up to and
until the city shall have disposed of the same.
Section 1202. The amount necessary to redeem is the sum of
the following:
(a) The amount of sold taxes.
(b) The delinquent penalties and costs for the year of sale to
the city.
(c) Redemption penalties.
Section 1203. Redemption penalties are the sum of the follow-
ing:
(a) One per cent a month beginning July 1 of the year of
sale to the city on the amount of sold taxes at the time of sale.
(b) One per cent a month beginning July 1 of each subse-
quent year on the unpaid taxes for which the property would have
been sold to the city in that year if there had not been a previous
sale, and one-half per cent per month thereafter until the date
of redemption.
Section 1204. Application to redeem shall be made to the re-
demption officer, who shall then prepare in triplicate estimates of
220 ORDINANCE NO. 425
the amount necessary to redeem.
Section 1205. Payment of the amount necessary to redeem
shall be made to the redemption officer and receipt shall be en-
dorsed on each copy of the estimate. The redemption officer shall
deliver one copy of the receipt to the redemptioner and one to the
auditor. The auditor shall notify the assessor of the redemption.
Section 1206. Opposite the description of the property on each
roll on which the property appears the redemption officer shall
note the fact and date of redemption.
Chapter 2—Redemption of Part of an Assessment
Section 1231. As used in this chapter, "parcel" includes an
undivided interest in real property. For purposes of this chapter,
improvements are not a "parcel' separate from the land on which
they are situated.
Section 1232. Any parcel of tax sold property contained in an
assessment and having a separate valuation on the roll for the year
of sale to the city and all subsequent rolls may be redeemed sep-
arately from the whole assesssment as provided in this chapter.
Section 1233. The amount of sold taxes.on the parcel is the
amount which bears the same proportion to the amount of sold
taxes on the whole assessment as the valuation of this parcel bears
to the valuation of all real property in the assessment.
Section 1234. The amount necessary to redeem the parcel is
the sum of the following:
(a) The amount of sold taxes on the parcel.
(b) Redemption penalties computed on the amount of sold
taxes on the parcel.
(c) Delinquent penalties and costs for the year of sale to the
city as if the parcel were the entire assessment.
Section 1235. On such redemption, the redemption officer shall
make an entry opposite the assessment on the roll on which the
property was sold showing:
(a) The parcel released from lien by separate redemption.
(b) The portion of the amount of sold taxes paid.
(c) The valuation of the remainder of the assessment.
(d) The portion of the amount of sold taxes remaining un-
paid.
Section 1236. Opposite the assessment on each other roll on
which the property appears the redemption officer shall note the
fact and date of partial redemption.
Section 1237. In all other respects the redemption shall be
made in the regular manner.
Section 1238. Any person claiming an interest, evidenced by
ORDINANCE NO. 425 221
a deed, deed of trust, mortgage, or decree of court, in any parcel
of tax sold property which does not have a separate valuation on
the roll for the year of sale to the city or any subsequent roll may
apply to the redemption officer to have the parcel separately val-
ued in order that it may be redeemed under this chapter.
Section 1239. Each application shall be accompanied by a fee
of one dollar.
Section 1240. The redemption officer shall transmit the ap-
plication for separate valuation to the assessor.
Section 1241. The assessor shall place a separate valuation on
the parcel for each year for which it was delinquent and not sep-
arately valued and transmit it to the city collector. Except be-
tween the time when the second installment of taxes becomes de-
linquent and the time when property is sold to the city, if the
parcel is not separately valued on the current roll, the assessor
shall also transmit a separate valuation of the parcel to the officer
having custody of the current roll who shall place the valuation on
the current roll as part of the original assessment. In all cases,
the sum of the valuations of .the parcels separately valued shall
equal their total valuation before separation.
Chapter 3—Postponement of Redemption
Section 1251. Definition—"Taxes". "Taxes" as used in this
Ordinance, includes all taxes and assessments and annual install-
ments charged on the tax roll.
Section 1252. In all cases where real estate has been sold
to the City of Huntington Beach on or before July 6, 1938, for de-
linquent taxes and the City has not disposed of the same, the person
whose estate has been sold, his heirs, executors, administrators, or
other successors in interest, may, on or before the 20th day of
April, 1941, redeem such property by paying the amount of unpaid
taxes, as defined herein, with interest on the whole amount of un-
paid taxes at the rate of seven (7) per cent per annum computed
beginning the 1st day of July, 1936, to the time of such redemption.
No other interest, costs, penalties for delinquency, or redemp-
tion penalties accruing before April 20, 1941, need be paid on such
redemption.
Section 1253. In all cases where real estate has been sold to
the City on or before July 6, 1938, for delinquent taxes, and the
City has not disposed of the same, the person whose estate has
been sold, his heirs, executors, administrators, or other successors
in interest, may, on or before April 20, 1941, elect to pay said de-
linquent taxes in installments.
During the time such installments are paid as prescribed herein,
together with current City and County taxes, the period of re-
demption of such real estate is extended, and there shall be no sale
of the property at auction before deed to the city, nor a deed to
222 ORDINANCE NO. 425
the City, nor, if already deeded to the City, a resale to the State.
Such payments in installments shall be made as follows:
(a) The first payment shall consist of ten (10%) per cent, or
more, of the amount of unpaid taxes, plus interest on the whole
amount of unpaid taxes at seven (7%) per cent per annum begin-
ning July 1, 1936, to date of such payment. Before such first pay-
ment is made there must be paid the amount of taxes, penalties
and costs due and payable for fiscal year in which such payment
is made.
(b) Further payments shall be made not later than April 20,
in each succeding fiscal year and each payment shall consist of
ten (10%) per cent, or more, of the whole amount of unpaid taxes,
plus interest at seven per cent per annum from the date of the
preceding payment on the balance of the amount of unpaid taxes
remaining unpaid after the previous payment.
In the event of failure to make any of the payments on or be-
fore the dates prescribed, such property is thereupon subject to
sale at auction or may be deeded to.the City or resold by the City,
in the same manner as if no election to pay delinquent taxes in in-
stallments has been made.
No such payment, nor all of them, is a redemption of the real
estate nor effects the right, title, or interest of the City, but is com-
pensation for the use of the real estate. Upon complying with sub-
division "a" of this section, possession of the property by the City
shall cease and determine until such time as there may be a de-
fault under.the terms of this section. If each installment is paid as
prescribed and if redemption of the property is made on or before
the 20th day of April, 1950, the amounts previously paid and cred-
ited are a credit on the amount to be paid for such redemption.
If all installments are paid as prescribed and the property is
redeemed on or before the twentieth day of April, 1950, the amount
necessary to redeem the property is the sum of the following
amounts, unless under some other method of redemption, a redemp-
tion may be made for a lesser amount:
(a) The amount of unpaid taxes, with interest thereon equal
to the amount of interest included in all installment payments
previously made or credited.
(b) Interest equal to the amount of interest due at the time of
such redemption on the remainder, if any, of the amount of un-
paid taxes payable in installments under this section. (Chapter 3
added by Ordinance No. 433)
DIVISION VII—DISTRIBUTION
Section 1351. Amounts received in payment of taxes, penalties,
and costs, or on redemption or on sale of tax sold property or tax
deeded property, shall be distributed in the order of the sections
in this division. Distribution under each section in turn shall be
ORDINANCE NO. 425 223
made as fully as possible before proceedings to the succeeding sec-
tions.
Section 1352. As used in this division:
(a) "Taxes" includes assessments.
(b) "Fund" includes a revenue district.
Section 1353: All amounts forfeited by bidders for failure to
complete purchases shall be distributed to the general fund.
Section 1354. Amounts received to reimburse the city_ for any
costs of publication or other expenses shall be distributed to the
general fund.
Section 1355. The amount collected as the cost of preparing
the delinquent list shall be distributed to the general fund.
Section 1356. (a) If the balance remaining is equal to or
greater than the total unpaid taxes on the property, there shall be
distributed to each fund an amount equal to the unpaid taxes
levied for the fund..
(b) If the balance remaining is less than the total unpaid
taxes on the property, there shall be distributed, to each fund, an
amount bearing the same proportion to the balance remaining as
the unpaid taxes levied for the fund bear to the total unpaid taxes
on the property.
Section 1357. On payment of current taxes, amounts paid as
delinquent penalties shall be distributed to the general fund.
Section 1358. This section does not apply to amounts received
on payment of current taxes. As used in this section, "delinquent
penalties" means the amounts collected for delinquent penalties or,
in the case of a sale where the amount collected for delinquent
penalties is not specified, the delinquent penalties for the first year
of delinquency.
(a) If the balance remaining is equal to or greater than the
total delinquent penalties on all unpaid taxes on the property, there
shall be distributed to each fund an amount equal to the delin-
quent penalties on the unpaid taxes levied for the fund.
(b) If the balance remaining is less than the total delinquent
penalties on all unpaid taxes on the property, there shall be dis-
tributed to each fund an amount bearing the same proportion to
the balance remaining as delinquent penalties on the unpaid taxes
levied for the fund bear to the total delinquent penalties on the
unpaid taxes on the property.
Section 1359. (a) If the balance remaining is equal to or
greater than the total interest and redemption penalties on all un-
paid taxes on the property, there shall be distributed to each fund
an amount equal to the interest and redemption penalties on the
224 ORDINANCE NO. 425
unpaid taxes levied for the fund.
(b) If the balance remaining is less than the total interest and
redemption penalties on all unpaid taxes on the property, there
shall be distributed to each fund an amount bearing the same pro-
portion to the balance remaining as the interest and redemption
penalties on the unpaid taxes levied for the fund bear to the total
interest and redemption penalties on all unpaid taxes on they prop-
erty.
Section 1360. Any further amount shall be distributed pro rata
among the city and revenue districts in the proportion which the
unpaid taxes due the city and each revenue district bear to the
total unpaid taxes on the property. The portion of this surplus
due the city shall be distributed to the general fund.
DIVISION VIII—REFUND AND CORRECTIONS
Chapter 1—Corrections Generally
Section 1401. All or any portion of any tax, penalty, or costs,
heretofore or hereafter levied, may be canceled by the auditor on
order of the city council with written approval of the city attorney
if it was levied:
(a) More than once.
(b) Erroneously or illegally.
(c) On a portion or an assessment in excess of the cash value
of the property by reason of the assessor's clerical error.
(d) On improvements when the improvements did not exist
on the lien date.
(e) On property acquired after the lien date by the state,
county, city, or a district and because of this public ownership
exempt from further taxation when cancellation is requested, except
when acquired by sale and deed for taxes.
Except in the case specified in subdivision (e), the correct
amount due on the assessment shall be paid before the tax is can-
celed.
Section 1402. On discovery that any property is assessed more
than once for the same year, after payment of all charges justly due
on the property, the city collector shall certify the facts to the
auditor and city council. The other assessments and charges there-
on shall be canceled on the roll in the same manner that a tax may
be canceled.
Section 1403. Errors in the roll or delinquent list or any tax
proceeding may be corrected by the auditor with the written con-
sent of the city attorney at any time after the assessment period
and before the sale to the city for taxes.
Section 1404. The consent of they city council is necessary to
any change that will increase or decrease the amount of taxes due.
If any change will increase the amount of taxes due, the city coun-
ORDINANCE NO. 425 225
cil shall give the assessee opportunity for a hearing after five
days' notice. The city council's decision in the matter is final.
Section 1405. The auditor shall:
(a) Enter the date and nature of every correction on the roll.
(b) File the written authority for the correction as a public
record.
(c) Make the necessary changes in his account with the city
collector.
Section 1406. On order of the city council with consent of the
city attorney, if all proceedings leading up to a sale or deed are
correct, the city collector may correct a misstatement of facts or
clerical error in:
(a) The entry of a sale to the city by new entry replacing
the erroneous entry.
(b) A tax deed by issuance of a new or amended deed.
As far as practicable, the new or amended tax deed shall be
the same as the old one except where corrected.
Section 1407. If tax sold property has been erroneously resold
to the city or tax deeded property is erroneously resold or redeeded
to the city, the city collector may concel the erroneous sale or deed
on order of the city council with the consent of the city attorney.
Section 1408. If the taxes on any property are entered on the
roll as a lien on real property on which they are not legally a
lien, the auditor shall certify the facts to the city council. On order
of the city council, with consent of the city attorney, the auditor
shall cancel the entry and shall reenter it as follows:
(a) If the assessee has real property sufficient in the assessor's
opinion to secure the taxes, as a lien on this real property.
(b) Where there is not sufficient real property to secure the
taxes: (1) If it is state assessed property, on the secured roll.
(2) In all other cases, on the unsecured roll.
Sectin 1409. If any error is carried into any publication of
mailing of notice, the amended publication or notice may be re-
published or mailed, or, in lieu thereof, notice of the correction
may be given by publication or mailing.
Section 1410. The new publication or mailing shall be in the
same manner as the original.
Section 1411. If any act is to be done within a specified time
after the original publication or mailing, the new publication or
mailing shall specify the time when the act may be done. This
time is whichever is the later of the following:
(a) The time originally specified.
(b) One week after the new publication or mailing.
Section 1412. If property is sold or deeded to the city for
226 ORDINANCE NO. 425
taxes, and the taxes have been paid or were not legally a lien on
the property, the sale and deed shall be canceled by the auditor
on order of the city council with written approval of the city at-
torney.
Section 1413. If property is sold or deeded to the city for
taxes and the tax or assessment is legally canceled, the city council
shall order the auditor to cancel the sale and deed when the tax is
canceled.
Section 1414. When a tax or sale or deed is legally canceled,
the auditor shall make notation of the fact on the roll and shall
notify the city collector and assessor. When a deed is canceled,
the auditor shall also notify the county recorder of the fact.
Chapter 2—Refunds
Section 1436. On order of the city council, any taxes, pen-
alties, or costs shall be refunded if they were:
(a) Paid more than once.
(b) Erroneously or illegally collected.
(c) Paid on an assessment in excess of the cash value of the
property by reason of the assessor's clerical error.
(d) Paid on an erroneous assessment of improvements which
did not exist on the lien date.
Section 1437. Application for a refund shall be made within
three years after payment was made.
Section 1438. Application for refund shall be verified and may
be made only by the person who made payment, his guardian,
executor, administrator, or heir. Refund shall not be made to an
assignee of the applicant.
Section 1439. If the amount paid has been apportioned to any
funds or revenue districts, the, proper proportion of the refund
shall be deducted from any amounts due each fund or revenue
district.
Section 1440. Any amount subject to refund for which appli-
cation is not made within the time allowed shall be placed in the
general fund.
Section 1441. After taxes are payable, any assessee may pay
the tax under protest. A payment under protest is not a voluntary
payment.
Section 1442. The protest shall be in writing, specifying:
(a) Whether the whole tax or assessment is claimed to be
void, or, if only a part, what portion.
(b) The grounds on which the claim is founded.
Section 1443. Within six months after payment, action may be
ORDINANCE NO. 425 227
brought against the city to recover the tax paid under protest. The
action may be brought only:
(a) As to the portion of the assessment claimed to be void.
(b) On the grounds specified in the protests.
(c) By the person making payment, his guardian, executor,
administrator, or heir. Payment of a judgment against the city
shall not be made to an assignee of the person bringing the action.
Section 1444. If the amount paid under protest has been ap-
portioned to any funds or revenue districts, the proper proportion
of a judgment against the city shall be deducted from any amounts
due each fund or revenue district.
Chapter 3—Transfer of Payments
Section 1471. If a person by mistake pays a tax on other than
the property intended, and by substantial evidence convinces the
city collector that the payment was intended for another property,
the city collector may cancel the credit on the unintended property
and transfer it to the property intended as prescribed in this article.
at any time before the succeeding sale of property to the city.
Section 1472. The person seeking the transfer shall sign and
file with the city collector an affidavit giving full details of the
transaction. If the transfer is made, the affidavit is a public rec-
ord and reference to it shall be entered on the roll opposite the
unintended property.
Section 1473. The city collector shall send a notice to the
owner of the unintended property respecting the proposed transfer.
Section 1474. The notice shall state-that the owner of the un-
intended property may demand a hearing by the city council within
five days after the notice is sent. If made, .a copy of the demand
shall be sent to the city collector. The city council shall set a
time for the hearing and its decision on the proposed transfer is
final.
Section 1475. If the amount paid is less than the amount due
on the property intended, the balance of the amount due shall be
paid before the transfer. If the amount paid is more than the
amount due on the property intended, the applicant is entitled to a
refund of the excess in the same manner as an overpayment of
tax is refunded.
Section 1476. If the delingi}ent list is ready for publication
or has been published, the applicant shall pay the cost of advertis-
ing the unintended property. The unintended property shall then
be advertised as if it were omitted from the delinquent list by
clerical error, unless the taxes on the unintended property are
immediately or previously paid.
Chapter 4— Jurisdictional Errors
Section 1501. If the collection of a delinquent tax cannot be
228 ORDINANCE NO. 425
enforced because of any jurisdictional error in the assessment of
real property or in any subsequent step up to and including the
termination of the right of redemption, the city collector shall
certify the facts to the auditor and city council.
Section 1502. If any sale or deed for taxes is rendered invalid
by the error; it shall be canceled in the same manner that a tax
may be canceled.
Section 1503. If any portion of the property was taxable for
the year for which collection cannot be enforced and the tax is
unpaid, the clerk shall send a notice to the last assessee of the
property respecting the jurisdictional error.
Section 1504. The notice shall state that the error will be cor-
rected and the collection of the tax enforced unless cause is shown
why such action should not be taken. The notice shall also state
that the assessee may demand a hearing by the city council within
ten days after the notice is sent.
Section 1505. The city council shall order the necessary steps
taken to correct the error. The officials whose duty it was to
perform the steps originally shall comply with this order.
Section 1506. If an error is omission of or defect in publish-
ing or sending any notice, the city council shall order the cor-
rected notice to state the facts requiring the new notice and the
time within which the taxpayer shall do any acts dependent on
the notice.
Section 1507. The property shall be entered on the roll and
treated like property escaping assessment in the last preceding
assessment period and discovered at the time the corrections are
completed, except that:
(a) The assessment shall be the corrected assessment for each
year for which the collection of delinquent taxes could be en-
forced.
(b) The amount charged against the property before compu-
tation of the regular delinquent penalties on the roll on which
it is entered shall be the corrected tax for each year for which
the collection of delinquent taxes could not be enforced.
Section 1508. There is no limit on the time within which an
error may be corrected under this chapter.
Chapter 5—Refunds on Void Tax Deeds
Section 1536. The purchaser of tax sold property or tax deed-
ed property is entitled to a refund from the city of the amount
paid as purchase price if:
(a) It is determined by final judgment of a court that the
sale or deed of the property is void.
(b) It is determined by resolution of the city council that the
property belongs to the United States, this state, or any city or
ORDINANCE NO. 425 229
political subdivision of this state and has been erroneously sold for
taxes.
(c) The sale or deed is legally canceled.
Section 1537. The claim for refund shall be presented in the
same manner as other claims against the city and within one year
after the judgment becomes final or the resolution is passed. There
shall be credited on the amount due the purchaser any portion of
the purchase price repaid to him under any judgment of the court.
Enacted April 24, 1939.
ORDINANCE NO. 426 231
ORDINANCE NO, 426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A
RESIDENCE DISTRICT THEREIN.
The City Council of the City of Huntington Beach, California,
do ordain as follows:
Section 1: That all that portion of the City of Huntington
Beach included within the following described boundaries is here-
by established and declared to be a residence district:
Beginning at the point of the intersection of the center line of
Lake Avenue with the intersection of the center line of Palm Av-
enue; thence northerly along the center line of Lake Avenue to
its intersection with the center line of Twelfth Street; thence west-
erly along the center line of Twelfth Street to its intersection
with the center line of Main Street; thence northerly along the
center line of Main Street to its intersection with the center line
of Thirteenth Street; thence westerly along the center line of Thir-
teenth Street to its intersection with the center line of the first
alley westerly from Main Street; thence northerly along the center
line of said alley to its interesection with the center line of Four-
teenth Street; thence westerly along the center line of said Four-
teenth Street to its intersection with the center line of Palm Avenue;
thence southerly along the center line of Palm Avenue to the
point of beginning.
Section 2: Any lot, premises or building in the residence
district may be used and occupied for the following purposes: Res-
idential dwellings, parks, playgrounds, public buildings and ac-
cessories to said uses, including garages and space necessary for
the occupants of said buildings.
Section 3: (a) Every building or improvement which law-
fully exists on any lot or premises at the time this ordinance
became effective on said lot or premises, any portion of which
does not comply with the regulations specified in this ordinance,
shall be deemed and construed to be a non-conforming building
or improvement.
(b) A use lawfully existing in any building upon any lot
or premises at the time this ordinance became effective on said
lot or premises, and which does not comply with the regulations
of this ordinance shall be deemed and construed to be a non-
conforming use. Any such non-conforming use may be contin-
ued.
(c) The use of a non-conforming building shall not be chang-
ed except to a use which in the opinion of the City Council, as evi-
denced by resolution, is similar in nature, operations and degree
232 ORDINANCE NO. 426
of compatability to surrounding property, to the use which occu-
pied the building at the time it became non-conforming or the
use for which the building was intended as provided in this or-
dinance. The use of a non-conforming building may be changed
to a conforming use.
(d) Repairs or alterations which do not enlarge or increase
the size of a non-conforming building may be made to any such
non-conforming building," provided that the aggregate value of
separate repairs or alterations shall not exceed fifty (501/o) per-
cent of the assessed value as of the date such building first be-
came a nonconforming building by the effect of this ordinance;
provided no repairs, alterations or additions shall be made to any
non-conforming building which has been damaged by fire, flood,
wind, earthquake or other calamity to the extent of more than
fifty (5011b) percent of its value at the time of such damage, un-
less every portion of such building is made to conform with all
provisions of this ordinance for new buildings.
(e) No non-conforming building or improvement shall be
added or enlarged in any manner unless such building or im-
provement and such additions or enlargements conform in every
respect with the provisions set forth in this ordinance.
(f) A non-conforming use or portion thereof occupying any
lot or premises and not housed in a building occupying a con-
forming building or portion thereof shall not be enlarged or ex-
tended onto land or into any other portion of the conforming
building not actually so occupied at the time such use became
non-conforming nor shall such use be changed except to a con-
forming use. If such a non-conforming use or portion thereof
is abandoned or discontinued or changed to a conforming use, it
shall not thereafter be re-established or reopened.
(g) For the purposes of this ordinance a non-conforming
use shall be deemed to be discontinued or abandoned when any
such use has ceased to operate or has not been operated, or the
lot or premises has ceased to be used, or has not been used,
for such non-conforming purpose, for a period of sixty (60) days.
Enacted May 1, 1939.
ORDINANCE NO. 427 233
ORDINANCE NO. 427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, CREATING A FIRE
DEPARTMENT AND ESTABLISHING THE SALARY OF THE
EMPLOYEES THEREOF.
—O—
The City Council of the City of Huntington Beach, California,
do ordain as follows:
Section 1: That the Fire Department of the City of Hunting-
ton Beach shall consist of a Fire Chief, one mechanic, and not
to exceed six (6) engineers; provided that a lesser number of en-
gineers may be appointed as may be determined by the City
Council.
The Fire Chief shall be.appointed by the City Council and
shall hold office at its pleasure.
The Fire Chief shall appoint all other officers and employees
of the Fire Department, subject to the approval of the City Coun-
cil.
Section 2: The salary of the Fire Chief shall be $210.00 per
month, payable semi-monthly.
Section 3: The salary of the mechanic shall be $160.00 per
month, payable semi-monthly.
Section 4: The salary of the engineers in the Fire Depart-
ment shall be based upon the following schedule:
First year of service in the Fire Department, One Hundred
Thirty-five ($135.00) Dollars per month, payable semi-monthly.
Second year of service in the Fire Department, One Hundred
Forty-five ($145.00) Dollars per month, payable semi-monthly.
Third year of service in the Fire Department, One Hundred
Fifty-five ($155.00) Dollars per month, payable semi-monthly.
Fourth year of service in the Fire Department, One Hundred
Sixty ($160.00) Dollars per month, payable semi-monthly and,
thereafter, the sum of One Hundred Sixty ($160.00) Dollars per
month, which said salaries shall, be paid semi-monthly.
Those eligible to advancement to the next higher classifica-
tion shall be promoted only upon recommendation of the Fire
Chief and thereafter shall receive the salary provided for said
classification.
Section 5: All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 6: If any section, subsection, sentence, clause or
phrase of this Ordinance for any reason is held to be unconstitu-
tional, such decision shall not affect the remaining portion of this
Ordinance. The City Council of the City of Huntington Beach,
California, hereby declares that it would have passed this Or-
dinance and each and every section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared un-
constitutional.
Enacted July 5, 1939.
ORDINANCE NO. 428 235
ORDINANCE NO. 428
—O—
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING ORDINANCE NO. 322 OF SAID CITY, ENTITLED:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH RELATING TO AND REGULATING
TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF
HUNTINGTON BEACH AND REPEALING ALL ORDINANCES
INCONSISTENT HEREWITH", AS AMENDED.
--q>--
The City Council of the City of Huntington Beach, California,
do ordain as follows:
Section 1: That section 23 of Ordinance No. 322, as amended,
be and the same is hereby amended so as to read as follows:
Section 23: The following street intersections in the City of
Huntington Beach are hereby designated as "STOP" intersections:
1. Main Street and Walnut Avenue.
2. Main Street and Olive Avenue.
3. Main Street and Magnolia Avenue.
4. Main Street and Fifth Street and Frankfort Street Exten-
sion
5. Main Street and Seventeenth Street.
6. Lake Street and Frankfort Street Extension.
7. Seventeenth Street and Orange Avenue.
8. Delaware Avenue and Indianapolis Street.
9. Delaware Avenue and Frankfort Street.
All vehicles entering or crossing said intersections are hereby
required to stop at the following entrances thereof, provided said
entrances are clearly marked or sign-posted as required by the Ve-
hicle Code of the State of California:
1. Main Street and Walnut Avenue: All vehicles entering
or crossing said intersection from Walnut Avenue are required to
stop at the entrance thereof.
2. Main Street and Olive Avenue: All vehicles entering or
crossing said intersection from Olive Avenue are required to stop at
the entrance thereof.
3. Main Street and Magnolia Avenue: All vehicles entering
or crossing said intersection from Magnolia Avenue are required to
stop at the entrance thereof.
4. Main Street and Fifth Street and Frankfort Street Ex-
tension: All vehicles entering or crossing said intersection from Fifth
Street or from Frankfort Street Extension are required to stop at the
entrance thereof.
5. Main Street and Seventeenth Street: All vehicles enter-
236 ORDINANCE NO. 428
ing or crossing said intersection from Seventeenth Street are required
to stop at the entrance thereof.
6. Lake Street and Frankfort Street Extension: All vehicles
entering or crossing said intersection from Lake Street are required
to stop at the entrance thereof.
7. Seventeenth Street and Orange Avenue: All vehicles
entering or crossing said intersection from Orange Avenue are re-
quired to stop at the entrance thereof.
8. Delaware Avenue and Indianapolis Street: All vehicles
entering or crossing said intersection from Indianapolis Street are
required to stop at the entrance thereof.
9. Delaware Avenue and Frankfort Street: All vehicles en-
tering or crossing said intersection from Delaware Avenue on the
northerly side of Frankfort Street are hereby required to stop at said
northerly entrance.
The Chief of Police is hereby authorized and directed to
place and maintain a "STOP" sign at or near the entrance of the in-
tersection where said stop is required. Said "STOP" sign shall com-
ply with the provisions of said Vehicle Code of the State of California.
Enacted July 24, 1939.
ORDINANCE NO. 430 237
ORDINANCE NO. 430
—O—
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, RELATING TO ELEC-
TIONS.
—O—
The City Council of the City of Huntington Beach, California,
do ordain as follows:
Section is That the voting precincts for any general or special
municipal election may consist of a consolidation of any two, or
not more than four, of the regular election precincts last estab-
lished for State and County election purposes.
Section 2: That for every such municipal election the City
Council shall appoint an election board consisting of one Inspector,
one Judge, and not less than two nor more than four Clerks for
each such consolidated voting precinct, said election boards to be
set forth in the Resolution or Ordinance calling such election.
Each election officer must be an elector and a resident of the
consolidated voting precinct for which he is appointed. Said elec-
tion officer shall receive such compensation as the City Council
may deem just.
Enacted. October 2, 1939.
ORDINANCE NO. 431 239
ORDINANCE NO. 431
--
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, FIXING THE SALARY, BOND AND QUALI-
FICATIONS FOR THE CITY TREASURER OF SAID CITY.
—0--
The City Council of the City of Huntington Beach, California,
do ordain as follows:
SECTION 1:.That the salary of the City Treasurer of the City
of Huntington Beach shall be the sum of One Hundred Seventy-flve
($175.00) Dollars per month, payable semi-monthly.
SECTION 2: That the City Treasurer of the City of Hunting-
ton Beach shall, before entering upon the discharge of his duties,
execute a bond in favor of the City of Huntington Beach, Califor-
nia, with a surety company licensed to do business in the State
of California, conditioned for the faithful performance of all duties
required: of him by law in the penal sum of Fifty Thousand
($50,000.00) Dollars.
SECTION 3: No one shall be eligible for election to, or to hold,
the office of City Treasurer who is not a certified public account-
ant, or who has not had at least three (3) years practical exper-
ience in accountancy and bookkeeping.
SECTION CAR ordinances or parts of ordinances in conflict
herewith are hereby repealed; provided, however, that the pro-
visions of this ordinance shall not apply to, or affect, the office
of the City Treasurer or that of the Deputy City Treasurer during
their present term of office.
Enacted December 22, 1939.
ORDINANCE NO. 432 241
ORDINANCE NO. 432
—P—
AN ORDINANCE PROVIDING FOR THE REGISTRATION OF
BICYCLES BY THE OWNERS THEREOF, AND FOR THE
PREVENTION. OF THEFT OF THE SAME, AND FOR THE
DETECTION AND IDENTIFICATION OF LOST OR STOLEN
BICYCLES AND FOR THE OPERATION THEREOF UPON
ANY STREET OR PUBLIC HIGHWAY OF THE CITY OF
HUNTINGTON BEACH; REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH,
AND PROVIDING PENALTIES FOR THE VIOLATION
HEREOF.
--0—
The City Council of the City of Huntington Beach, California,
do ordain as follows:
Section 1: The word "person" shall mean and include both the
singular and plural, and shall also mean and include person, in-
dividual, firm, corporation, copartnership, association, club, society
or any other organization.
Section 2: That each and every owner or person in charge or
control of a bicycle or bicycles, excepting dealers thereof, within
the corporate limits of the City of Huntington Beach, County of
Orange, State of California, shall within thirty (30) days from
and after the passage of this ordinance, register said bicycle with
the City Clerk of the City of Huntington Beach. Said applicant
shall state the name and address of the owner or person in charge
or control of such bicycle or bicycles, the make and kind of bi-
cycle, the factory number thereof, the name of the person, firm,
corporation or association from whom the same was purchased,
and such other description and information relative thereto as
may, in the judgment of the City Clerk of the City of Huntington
Beach be necessary and proper for the identification thereof;
thereupon the City Clerk of the City of Huntington Beach shall
upon the payment of a fee of twenty-five (25c) cents by said ap-
plicant for the use and benefit of the City of Huntington Beach,
issue to such applicant an identification metal tag having thereon,
in raised figures and letters "H. B. P. D.", the year, and a serial
number, which tag shall be immediately placed and securely at-
tached by such owner or person in charge or control of such bi-
cycle or bicycles upon the frame of such bicycle, and
at or just below the handle bars thereof, so that the same may
be plainly seen, and which metal tag shall at all times during the
current year remain on said bicycle and not be removed there-
from.
Said City Clerk of the City of Huntington Beach shall at the
same time give to said person in charge or control of such bicy-
cle or bicycles an identification card, said card to be carried at
all times by the person in charge thereof, when said bicycle is in
242 ORDINANCE NO. 432
use, having upon it the identification number assigned to the own-
er of such bicycle registered, also stating the name and address
of the owner, and a brief description of such bicycle.
Section 3: On and after the 1st day of February, 1940, the
annual registration of bicycles as herein provided shall begin with
the first day of January of each year and end with the 31st
day of December of each year, and the registration of each• and
every bicycle owned and used within the corporate limits of the
City of Huntington Beach shall be accomplished each year in the
manner provided in Section 2 hereof.
Section 4: The City Clerk of the City of Huntington Beach
shall be and he is hereby required to carefully file and preserve
said application set out in Section 2 hereof, and to keep a register
of all bicycles for which said metal identification tags and cards are
issued, which register shall contain the name of the owner or person
in charge or control of such bicycle or bicycles, the make and fac-
tory number of the bicycle, and the number of the identification
tag, and such other memoranda as may be in the discretion of
the City Clerk of the City of Huntington Beach necessary and
proper for the carrying out of the purpose of this ordinance and the
proper identification of such bicycles.
Section 5: Whenever any person sells, trades or transfers any
registered bicycle, he shall endorse upon the identification card
a written transfer of the same, naming the person and the address
to whom the same is transferred, and such transferee shall imme-
diately notify the City Clerk of the City of Huntington Beach of
such transfer to him, and said City Clerk shall, upon the pay-
ment to him of the fee of twenty-five (25c) cents, issue a new
identification card in the name of such transferee, which identifi-
cation card shall bear the original number of the metal identifica-
tion tag and the number of the original card, and shall enter upon
the register provided for in Section 4 hereof the name and address
of the transferee and purchaser thereof.
Section 6: In the event the said metal identification tag or
identification card provided for by this ordinance be lost or stolen
from such bicycle, the owner or person in charge of such bicycle
shall immediately notify the City Clerk of the City of Huntington
Beach of the loss of the same, and the said City Clerk shall, when
such owner or person in charge, or control, of such bicycle makes
proper affidavit of the loss of said metal tag or said identification
card, stating the facts of said loss as nearly as possible, issue to
said owner or person in charge of such bicycle, upon the payment
to said City Clerk for the use and benefit of the City of Huntington
Beach, a fee of twenty-five (25c) cents, a new identification tag
or card, or both, as the case may be.
Section 7: It is expressly declared to be the duty of each and
every owner or person in charge or control of any bicycle to in ne-
diately notify the Police Department of the City of Huntington
Beach of the loss by theft or otherwise of any such registered
ORDINANCE NO. 432 243
bicycle, and the City Clerk of the City of Huntington Beach shall
allow to the Police Department full and complete access to all
records he may have for the identification and registraton of bi-
cycles within said City of Huntington Beach.
Section 8: It shall be the duty of every person, firm or cor-
poration dealing in bicycles in the City of Huntington Beach,
County of Orange, State of California, either as a business or as
an occasional buyer and seller of the same, to keep at the place
of business a record of all bicycles bought, sold or rented by him,
giving an accurate description of such bicycles, and from whom
received, together with his address, the factory number of the
bicycle, and the serial number thereof, if any, also to whom sold
or rented, giving their names and addresses and the number
of the identification tag and identification card, if any, together
with the date of such transaction; this record to be kept in a
plain and legible handwriting in a well-bound uniform book, which
shall at all times be open to the inspection of the Police Depart-
ment of the City of Huntington Beach.
Section 9: It is hereby declared unlawful, after thirty (30)
days after the passage and adoption of this ordinance, for any per-
son, acting either for himself or any other person, to change the
factory or serial number on any bicycle, or to remove or to permit
the removal of the identification metal tag from same, or to use
any bicycle upon the streets, alleys, courts or public places of
the City of Huntington Beach without the same being registered
as herein provided in Section 2 and having had issued to him
and placed upon the bicycle the metal identification tag of t':e
current year, or to use any bicycle without the said metal identi-
fication card of the current year being displayed thereon, in the
place provided for in Section 2 hereof, or to fail or refuse to make
said application and register the same.
Section 10: It shall be unlawful for any person to operate,
drive or ride any bicycle upon the streets or public highway of
the City of Huntington Beach between the hours commencing
one-half hour after sunset and ending one-half hour before sun-
rise, without a lighted light on the front of said bicycle capable
of being observed at a reasonable distance from said bicycle, and
also a red reflector tail light on the rear thereof capable of being
observed at a reasonable distance from said bicycle.
Section 11: If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council of the City
of Huntington Beach, California, hereby declares that it would
have passed this ordinance, and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one
or more other sections, subsections, sentences, clause or phrases be
declared invalid or unconstitutional.
Section 12: Any person violating any of the provisions of this
244 ORDINANCE NO. 432
ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine not exceeding Three
Hundred ($300.00) Dollars, or by imprisonment in the County Jail
of Orange County, California, for a period of not more than three
(3) months, or by both such fine and imprisonment.
Enacted December 22, 1939.
ORDINANCE NO. 433 245
0
ORDINANCE NO. 433
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING ORDINANCE NO. 425, ENTITLED "AN ORDIN-
ANCE PROVIDING A SYSTEM FOR THE RAISING OF REV-
ENUE BY TAXATION FOR THE CITY OF HUNTINGTON
BEACH, CALIFORNIA", AND REPEALING ORDINANCE NO.
424 AND ORDINANCE NO. 150.
-o--
The City Council of the City of Huntington Beach, California,
do ordain as follows:
Section is That Section 1 of Ordinance No. 425, entitled "An
Ordinance providing for a system for the raising of revenue by
taxation for the City of Huntington Beach, California," is hereby
amended to read as follows:
"Section 1: This Ordinance establishes the law of this city re-
specting the subject to which it relates."
Section 2: That a new section is hereby added to said Ordin-
ance No. 425, the same to be known as Section 42, the same to read
as follows:
"Section 42: That all assessments, reports, statements and other
records in the City Collector's and City Assessor's office shall be
public records unless herein otherwise expressly provided."
Section 3. That Section 907 of said Ordinance No. 425 entitled
"An Ordinance providing a system for the raising of revenue by
taxation for the City of Huntington Beach, California," is hereby
amended to read as follows:
"Section 907: Immediately after the publication, the city col-
lector shall file with the city clerk a copy of the publication and an
affixed affidavit. The affidavit shall show:
(a) That it is affixed to a true copy of the publication.
(b) The manner of publication.
(c) Date of first publication and each publication thereafter.
This affidavit is prima facie evidence of the fact stated.
Section 4: That Section 908 of said Ordinance No. 425 entitled
"An Ordinance providing a system for the raising of revenue by
taxation for the City of Huntington Beach, California," is hereby
amended to read as follows:
"Section 908: Within five days after first publication of the
notice of sale of tax sold property and at least 21 days before the
date of sale, when tax sold property is to be sold at public auction,
the collector shall mail to the last assessee either a copy of the pub-
246 ORDINANCE NO. 433
lication or a notice of sale."
Section 5: That Section 1076 of said Ordinance 425 shall be
amended so as to read as follows:
"Section 1076: That if any other taxing agency has a tax lien on,
or tax title to, tax deeded property, the city collector, with approval
of the City Council, may join with other taxing agencies in selling
the tax deeded property in order to give the purchaser the rights of
the other taxing agencies as well as,the city's title, provided, however,
that in the event the Board of Supervisors of the County of Orange,
California, authorizes the sale of tax deed property pursuant to
Chapter 529, Statutes 1939 of the State of California, the City Council
may consent to said sale by resolution and in the event the county
tax collector sells said property pursuant to said consent and authori-
zation by the State Controller, as provided by law, said sale shall
be good and valid and of the same force and effect as if sold by the
City; and the City Collector is hereby directed to prepare and present
a demand for any monies due the city pursuant to said statute."
Section 6: That a new Chapter, to be known as Chapter III is
hereby added to Division VI of said Ordinance No. 425 entitled, "An
Ordinance providing a system for the raising of revenue by tax-
ation for the City of Huntington Beach, California," and to be in-
serted therein immediately following the provisions of Chapter 2
of said Division VI, as follows:
Chapter 3. Postponement of Redemption.
Section 1251: Definition—"Taxes". "Taxes" as used in this
Ordinance, includes all taxes and assessments and annual install-
ments charged on the tax roll.
Section 1252: In all cases where real estate has been sold to
the City of Huntington Beach on or before July 6, 1938, for delinquent
taxes and the City has not disposed of the same, the person whose
estate has been sold, his heirs, executors, administrators', or other
successors in interest, may, on or before the 20th day of April, 1941,
redeem such property by paying the amount of unpaid taxes, as
defined herein, with interest on the whole amount of unpaid taxes
at the rate of seven (7) per cent per annum computed beginning
the 1st day of July, 1936, to the time of such redemption.
No other interest, costs, penalties for delinquency, or redemp-
tion penalties accruing before April 20, 1941, need be paid on such
redemption.
Section 1253: In all cases where real estate has been sold to
the City on or before July 6, 1938, for delinquent taxes, and the
City has not disposed of the same, the person whose estate has been
sold, his heirs, executors, administrators, or other successors in in-
terest, may, on or before April 20, 1941, elect to pay said delinquent
taxes in installments.
During the time such installments are paid as prescribed herein,
together with current City and County taxes, the period of redemp-
ORDINANCE NO. 433 247
tion of such real estate is extended, and there shall be no sale of
the property at auction before deed to the city, nor a deed to the
City, nor, if already deeded to the City, a resale to the State.
Such payments in installments shall be made as follows:
(a) The first payment shall consist of ten (10%) per cent, or
more, of the amount of unpaid taxes, plus interest on the whole
amount of unpaid taxes, at seven (7%) per cent per annum beginning
July 1, 1936, to date of such payment. Before such first payment is
made there must be paid the amount of taxes, penalties and costs
due and payable for the fiscal year in which such payment is made.
(b) Further payments shall be made not later than April 20,
in each succeeding fiscal year and each payment shall consist of
ten (10%) per cent, or more, of the whole amount of unpaid taxes,
plus interest at seven per cent per annum from the date of the pre-
ceding payment on the balance of the amount of unpaid taxes re-
maining unpaid after the previous payment.
In the event of failure to make any of the payments on or before
the dates prescribed, such property is thereupon subject to sale at
auction or may be deeded to the City or resold by the City, in the
same manner as if no election to pay delinquent taxes in install-
menfs has been made.
No such payment, nor all of them, is a redemption of the real
estate nor affects the right, title, or interest of the City, but is com-
pensation for the use of the real estate. Upon complying with sub-
division `a' of this section, possession of the property by the City
shall cease and determine until such time as there may be a de-
fault under the terms of this section. If each installment is paid as pre-
scribed and if redemption of the property is made on or before the
20th day of April, 1950, the amounts previously paid and credited are
a credit on the amount to be paid for such redemption.
If all installments are paid as prescribed and the property is
redeemed on or before the twentieth day of April, 1950, the amount
necessary to redeem the property is the sum of the following amounts,
unless under some other method of redemption, a redemption may
be made for a lesser amount:
(a) The amount of unpaid taxes, with interest thereon equal
to the amount of interest included in all installment payments pre-
viously made or credited.
(b) Interest equal to the amount of interest due at the time of
such redemption on the remainder, if any, of the amount of unpaid
taxes payable in installments under this section.
Section 7: That Ordinance No. 424 entitled "An Ordinance of
the City Council of the City of Huntington Beach, California, de-
fining and declaring an emergency to exist and providing for the
payment of taxes with interest in lieu of penalties, and the payment
thereof in installments" together with all other Ordinances and
parts of Ordinances in conflict herewith, be and the same are here-
248 ORDINANCE NO. 433
by repealed; provided, however, that said repeal shall not affect,
prevent, or be a bar to the collection of any tax, assessment, or
payment or penalty due thereunder, but for the purpose of such
collection the said Ordinance shall remain in full force and effect.
Section 8: That Ordinance No. 150 entitled "An Ordinance of
the City of Huntington Beach providing for the assessment and
collection of City taxes" together with all Ordinances and parts of
ordinances in conflict herewith, be and the same are hereby re-
pealed; provided, however, that said repeal shall not affect, pre-
vent, or be a bar to the collection of any tax, assessment, or pay-
ment or penalty due thereunder, but for the purpose of such collec-
tion the said Ordinance shall remain in full force and effect.
Enacted January 22, 1940.
ORDINANCE NO. 434 249
ORDINANCE NO. 434
—O—
AN ORDINANCE FIXING AND REGULATING THE COMPENSA-
TION OF CITY OFFICERS, DEPUTIES, ASSISTANTS AND
EMPLOYEES OF THE CITY OF HUNTINGTON BEACH.
—O—
The City Council of the City of Huntington Beach, County of
Orange, State of California, does ordain as follows:
Section 1: The various city officers of the City of Huntington
Beach, California, shall have deputies, assistants, clerks, stenograph-
ers, attaches and other employees to be appointed as in this Ordin-
ance set forth and provided.
Section 2: All deputies, clerks, attaches and other persons to
be employed from time to time in the various offices and depart-
ments in the city shall exercise such powers and perform such duties
as may be prescribed and required by his or her respective prin-
cipals in office.
Section 3: The compensation of officers, deputies, assistants,
clerks, attaches and other persons to be employed from time to time
in the several offices of the city, and all such other persons as may
be employed by the City Council, is fixed, prescribed and regulated
as hereinafter in this Ordinance set forth and provided, and said
compensation shall be full compensation for the services required
of them by law or by virtue of their offices.
Section 4: Every city officer immediately upon entering upon
his term of office and from time to time thereafter whenever a vacan-
cy shall exist, shall appoint all deputies, assistants, clerks, attaches
and other persons employed or serving in his office or under such of-
ficer, and may remove any such person so appointed by him at any
time subject to the approval of the City Council except as otherwise
provided in the City Charter; provided, that the number and compen-
sation of such persons shall be prescribed by the City Council from
time to time, and provided further, that the appointment of any
deputy must be made in writing and filed in the office of the City
Clerk.
Section 5: The compensation of officers, deputies, assistants,
clerks, attaches and other persons to be employed by the City of
Huntington Beach, is based upon the classification of City employees,
and the salary schedule adopted, or to be adopted, by the City
Council of said City. Said classifications are divided into not more
than four brackets, as follows: A, B, C and D and the said salary
schedule for each bracket and the classification of said brackets are
provided for, or are to be provided for, in the salary schedule or
classification now adopted or to be hereafter adopted by the said
City Council; and the salaries and compensation herein provided for
have been determined by the City Council as the salaries and com-
pensation such officers, deputies, assistants, clerks, attaches and em-
250 ORDINANCE NO. 434
ployees shall receive upon the taking effect of this Ordinance; pro-
vided, whenever a department head wishes to increase the number
of employees in his department or increase or decrease the com-
pensation of an employee, said department head shall make his re-
quest to the City Council and receive their approval before making
such change in compensation.
Whenever an officer, deputy, assistant, clerk, attache, or other
employee shall be advanced to a higher or more responsible position
in said office, the salary classification adopted by the City Council
shall automatically apply and such officer, deputy, assistant, clerk,
attache, or other employee shall receive the salary specified for such
position without the necessity for an amendment of this Ordinance.
The promotion or demotion of any employee from one classification
to another shall require the approval of the City Council.
Should any officer or employee be absent from the office in which
he or she is employed for more than seven days on account of sick-
ness or otherwise except on vacation during any fiscal year then
there shall be a deduction made from the compensation for each
and every day absent over said seven days, in proportion to his or
her monthly compensation.
Section 6: CITY CLERK — The City Clerk who shall have
custodial supervision of the Municpal Auditorium, the City Hall and
the Municipal Pavilion, and ex-officio assessor, and ex-officio audit-
or, shall receive a salary of $125.00 per month, provided that there
shall be and there is hereby allowed to the City Clerk one chief
deputy, to be also ex-officio deputy assessor, who shall receive a
salary of $160.00 per month, two deputy clerks who shall receive a
salary of $120.00 per month each, one janitor who shall receive a
salary of $130.00 per month and one gardener who shall receive
$140.00 per month. In addition the clerk shall be allowed not more
than three pavilion doormen, one pavilion cashier, one floorman and
one checkroom attendant during such time as said additional em-
ployees may be required for pavilion duty.
Section 7: CONTROLLER — The City Controller shall receive
a salary of $150.00 per month.
Section 8: ASSESSOR — The City Clerk shall be ex-officio
assessor, and he is hereby allowed one deputy assessor. The deputy
assessor shall receive the sum of $4.00 per day for such time as is
actually employed in the performance of the duties of that office.
Section 9: JUDGE — The City Judge shall perform such duties
as are required by the City Charter and he shall receive a salary of
$75.00 per month.
Section 10: ATTORNEY — The City Attorney shall perform
such duties as are required by the City Charter and he shall receive
a salary of $150.00 per month. In addition to said salary the City
Attorney shall receive an additional sum of $75.00 per month for
stenographic and clerical assistance or such additional fees or com-
ORDINANCE NO. 434 251
pensation as are provided for in the City Charter.
Section 11: TREASURER — The City Treasurer shall receive
a salary of $175.00 per month. The City Treasurer shall be allowed
one deputy treasurer without pay, it being further provided that the
City Treasurer may appoint the City Clerk, Chief Deputy City Clerk
or deputy clerk, with the consent of the City Clerk, as such deputy
Treasurer, such appointment subject to the approval of the City
Council.
Section 12: POLICE DEPARTMENT — The Chief of Police shall
be ex-officio Collector, and he shall receive a salary of $220.00 per
month, provided that there shall be and there is hereby allowed to
the Chief of Police one Assistant Chief of Police who shall receive
a salary of $180.00 per month, five patrolmen who shall receive a
salary of $160.00 per month each, two motor officers who shall re-
ceive a salary of $175.00 per month each, one police clerk who shall
receive a salary of $140.00 per month. In addition a police matron
shall be employed by the Chief of Police at such times as the duties
of his office may require, such police matron to receive.as compen-
sation the sum of $2.50 per call, provided that the time actually em-
ployed on such call does not exceed five hours, and in the event her
service is required on any single call in excess of five hours she
shall receive in addition the sum of 50 cents per hour for such ex-
cessive time. With the approval of the City Council, the Chief of
Police may appoint two crossing guards who shall receive a salary
of $125.00 per month. The Chief of Police may appoint such special
officers, not to exceed fifteen, on holidays, for celebrations and for
emergencies, subject to the approval of the City Council.
Section 13: COLLECTOR — The Collector 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, how-
ever, to the approval of the City Council.
Section 14: ENGINEERING — The City Engineer shall be ex-
officio Building Inspector, Street Superintendent, Director of Parks
and Plumbing and Electrical Inspector and Pier Superintendent.
He shall receive a salary of $230.00 per month provided that he may
be allowed one chief Assistant Engineer, who shall receive a salary
of $135.00 per month, one street foreman who shall receive a salary
of $175.00 per month, one clerk who shall receive a salary of $75.00
per month, one building superintendent who shall receive a salary
of $50.00 per month, one sewage disposal plant operator who shall
receive a salary of $155.00 per month, one janitor who shall receive
a salary of $135.00 per month, one wharfinger who shall receive a
salary of $135.00 per month, one janitress who shall receive a
salary of $75.00 per month, one chief mechanic who shall receive
a salary of $150.00 per month, one electrical maintenance man who
shall receive a salary of $165.00 per month, one painter who shall
receive a salary of $135.00 per month, one sign painter who shall
receive a salary of $160.00 per month, one sweeper operator who
shall receive a salary of $150.00 per month, one motor grader operator
who shall receive a salary of $160.00 per month, one tractor operator
252 ORDINANCE NO. 434
who shall receive a salary of $140.00 per month, one utility man who
shall receive a salary of $145.00 per month, nine laborers who shall
receive a salary of $135.00 per month each, one part time laborer
who shall receive a salary of 65 cents per hour while actually em-
ployed.
Section 15: FIRE DEPARTMENT — The Fire Chief, who shall
be ex-officio Fire Marshall with police power, shall receive a salary
of $210.00 per month, provided that he shall be allowed two engi-
neers who shall receive a salary of $160.00 per month each, and two
engineers who shall receive a salary of $155.00 per month each, and
one mechanic who shall receive a salary of $160.00 per month, pro-
vided that the Fire Chief may appoint, by and with the consent of the
City Council, not to exceed 25 "Call-Firemen" who shall be subject to
call by the Fire Chief for duty during any emergency, fire or fire
drill. Said Call-Firemen shall receive the following compensation:
A. For services performed at the place of the emergency or
fire each Call-Fireman shall receive Five ($5.00) Dollars per call;
provided that the time actually employed on such call does not exceed
three hours and, in the event such services are required on any
single call in excess of three hours, each man shall receive $1.00 per
hour for such excessive time.
B. For services performed at the Fire Station each man shall
receive Three ($3.00) Dollars per call; provided that the time actually
employed on such call does not exceed three hours and, in the event
such services are required on any single call in excess of three hours,
each man shall receive One ($1.00) Dollar per hour for such excessive
time.
C. For services during any fire-drill, each Call-Fireman shall
receive Two ($2.00) Dollars; provided that such drills shall be held
at such times and places as is decided upon by the Fire Chief, subject
to the approval of the City Council, and provided further that there
shall not be in excess of three drills per month.
Section 16: LIFE GUARD DEPARTMENT — There is hereby
created a life guard department, consisting of a Chief Life Guard
who shall receive a salary of $145.00 per month, one Lieutenant Life
Guard who shall receive a salary of $135.00 per month, four life
guards who shall receive a salary of $125.00 per month each, to
serve during the pleasure of the City Council and to be employed
during such period of emergency as may be determined and pre-
scribed by resolution of the City Council. It is further provided that
in the event of any great emergency arising at such time that the
services of one or more life guards would be required and it not
be practicable to secure the approval of the City Council, the Chief
Life Guard, with the consent of the Mayor or any two members of
the City Council, may employ not more than ten life guards for
service during said emergency at the compensation of $4.00 per day
for each such life guard so employed. It is further provided that no
person shall serve as a life guard who has not passed a qualifying ex-
ORDINANCE NO. 434 253
amination prepared by the Chief Life Guard and approved by the City
Council.
Section 17: It is the intention of the City Council, and the City
Council does hereby designate the present employees, and officers,
as such employees and officers, and that each of them be transferred
to the classfication corresponding to their present salary or com-
pensation unless changed by ordinance or resolution.
Section 18: Nothing in this Ordinance shall be construed to
increase the present number of employees, assistants, or deputies in
the various departments, and any such increase shall be made in
accordance with the provisions of the Charter and this Ordinance.
However, it is the intention to create each and every office, employee,
assistant, clerk and assistant named in this Ordinance and the classi-
fication herein, and the number of each such employee is deemed to
be one, unless otherwise designated, and in the event more than one
is designated, the maximum created hereby and to be employed from
time to time, by and with the approval of the City Council, is the
number preceding the position named.
Section 19: The following shall be classification and rate of
salary or compensation of the several employees and officers of the
City of Huntington Beach, California:
CITY CLERK'S DEPARTMENT
Rate of Pay
Title of Position A B C D
City Clerk $125.00 $125.00 $125.00
Chief Deputy Clerk 145.00 160.00 175.00
3 Deputy Clerks 120.00 130.00 150.00
2 Janitors 130.00 140.00 150.00
Gardener 130.00 140.00 150.00
CONTROLLER
Controller $150.00 $150.00 $150.00
TREASURER
Treasurer $175.00 $175.00 $175.00
ATTORNEY
Attorney $150.00 $150.00 $150.00
JUDGE
Judge $75.00 $75.00 $75.00
ASSESSOR
2 Deputy Assessors (per day) $4.00 $5.00 $6.00
POLICE DEPARTMENT
Chief of Police $220.00 $220.00 $220.00
Assistant Chief of Police 180.00 185.00 190.00
10 Patrolmen 135.00 145.00 160.00 175.00
2 Motor Officers 150.00 160.00 175.00
Police Clerk 125.00 135.00 140.00 150.00
254 ORDINANCE NO. 434
2 Relief Patrolmen 135.00 145.00 155.00
5 Crossing Guards 125.00
Police Matron 2.50 per call not to exceed five
hours, 50 cents per hour there-
after.
15 Special Officers $5.00 per day $6.00 per day
If employed for less than one day
to be paid at the rate of 75 cents
per hour for time actually em-
ployed.
FIRE DEPARTMENT
Chief $200.00 $210.00 $225.00
2 Mechanics 160.00 165.00 175.00
7 Engineers 135.00 145.00 155.00 160.00
Relief Engineer 135.00 145.00 155.00 160.00
LIFE GUARD DEPARTMENT
Chief Life Guard $145.00 $150.00 $160.00
Lieutenant Life Guard 135.00 145.00 155.00
8 Life Guards 115.00 125.00 135.00
10 Extra Life Guards 4.00 per day
TRAILER PARK
Caretaker $135.00 $145.00 $155.00
6 Assistants 100.00 110.00 120.00
Office Clerk 75.00 85.00 95.00
PAVILION
Janitor $130.00 145.00 $155.00
Floormen Per hr. .50 .75 .75
Cashier Per hr. .75 .75 .75
Check room attendant Per hr. .75 .75 .75
3 Doormen Per hr. .50 .50 .50
ENGINEERING SERVICE
City Engineer $230.00 $250.00 $275.00
Principal Assistant Eng. 135.00 150.00 175.00
Office Clerk 75.00 90.00 120.00
Building Supervisor 50.00 75.00 100.00
Electrical Maintenance Man 150.00 165.00 175.00
2 Apprentice Electricians 75.00 100.00 125.00
Street Foreman 150.00 175.00 200.00
3 Tractor Drivers 135.00 140.00 145.00
2 Motor Grader Operators 140.00 150.00 160.00
Park Superintendent 155.00 165.00 175.00
Sewage Plant Operator 155.00 165.00 175.00
6 Gardeners 100.00 125.00 140.00
2 Painters 135.00 145.00 150.00
Sign Painter 135.00 150.00 160.00 170.00
Chief Auto Mechanic 150.00 160.00 175.00
3 Auto Mechanics 100.00 125.00 135.00 150.00
15 Laborers (St. Dept.) 100.00 125.00 135.00 145.00
ORDINANCE NO. 434 255
3 Janitors 115.00 125.00 135.00 140.00
2 Janitresses 60.00 75.00 85.00 90.00
2 Sweeper Operators 140.00 150.00 160.00
2 Utility men $145.00 $150.00 $160.00
Wharfinger 125.00 135.00 140.00 145.00
Per hr. Per hr. Per hr. Per hr.
50 Part time laborers .50 .621/2 .65 .75
2 Draughtsmen .62% .75 1.00
2 Instrument men .62% .75 1.00
2 Rodmen .50 .62% .75
4 chain men .50 .62% .62%
4 Inspectors .75 1.00 1.10
Provided that the City Engineer
and Superintendent of Streets
may employ such extra laborers
as may be necessary in accord-
ance with the provisions of the
Charter.
Section 20: That the several officers hereinafter named must,
before entering upon the discharge of the duties of their respective
offices, each execute a bond in favor of the City of Huntington Beach
with an approved surety company licensed to do business in the
State of California, conditioned for the faithful performance of all
duties required of them by law in the following penal sums:
1. The City Clerk and ex-officio assessor and auditor in the
penal sum of Two Thousand ($2,000.00) Dollars.
2. Chief deputy and deputy City Clerks in the penal sum of
One Thousand ($1,000.00) Dollars each.
3. The Chief of Police and ex-officio Collector in the penal sum
of Five Thousand ($5,000.00) Dollars.
4. The City Treasurer in the penal sum of Fifty Thousand ($50,-
000.00) Dollars.
5. The City Judge in the penal sum of Two Thousand ($2,000.00)
Dollars.
6. The City Attorney in the penal sum of One Thousand ($1,-
000.00) Dollars.
7. The Chief Deputy Collector and each deputy collector in the
penal sum of One Thousand ($1,000.00) Dollars each.
8. The City Engineer in the penal sum of One Thousand ($1,-
000.00) Dollars.
9. The Engineer's clerk in the penal sum of One Thousand
($1,000.00) Dollars.
10. The Pavilion Cashier and the Pavilion Floorman in the
penal sum of One Thousand ($1,000.00) Dollars each.
11. The City Controller in the penal sum of One Thousand
($1,000.00) Dollars.
Enacted February 15, 1940.
ORDINANCE NO. 435 257
ORDINANCE NO. 435
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUN-
TINGTON BEACH, CALIFORNIA, REPEALING ORDINANCES
NUMBERED 5, 17, 54, 68, 70, 114, 126, 130, 159, 179, 188, 217, 293,
300 and 362.
—O—
The City Council of the City of Huntington Beach, California,
does ordain as follows:
Section 1: That Ordinance No. 5 as amended, entitled, "An
Ordinance establishing rules to govern the order and proceedings
of the Board of Trustees of the City of Huntington Beach." is hereby
repealed.
Section 2: That Ordinance No. 17 entitled, "An Ordinance pro-
viding for the sanitary conditions and public health of the City of
Huntington Beach, and repealing all ordinances in conflict there-
with.", is hereby repealed.
Section 3: That Ordinance No. 54 entitled, "An Ordinance
creating a department of oil inspection in the City of Huntington
Beach, and defining its duties.", is hereby repealed.
Section 4: That Ordinance No. 68 entitled, "An Ordinance reg-
ulating the construction of buildings, creating fire districts, and pro-
viding for the prevention of fires and the maintenance of a fire
department in the City of Huntington Beach, California.", is hereby
repealed.
Section 5: That Ordinance No. 70 entitled, "An Ordinance
regulating the speed of vehicles on the streets of the City of Hun-
tington Beach.", is hereby repealed.
Section 6: That Ordinance No. 114 entitled, "An Ordinance
providing for the use of mufflers on motor vehicles and motorcycles
in the City of Huntington Beach, California, and prescribing a penalty
for the failure to use such muffler.", is hereby repealed.
Section 7: That Ordinance No. 126 entitled, "An Ordinance of
the City of Huntington Beach, California, for the sale of berries and
providing a penalty for the violation thereof.", is hereby repealed.
Section 8: That Ordinance No. 130 entitled, "An Ordinance
establishing rules for the control of the Municipal Pier and concern-
ing the management of said Pier.", is hereby repealed.
Section 9: That Ordinance No. 159 entitled, "An Ordinance
regulating traffic of public streets in the City of Huntington Beach,
California.", is hereby repealed.
Section 10: That Ordinance No. 179 entitled, "An Ordinance
of the City of Huntington Beach, California, requiring vendors of
Ice and other Commodities, to have scales tested by the County
258 ORDINANCE NO. 435
Sealer of Weights and Measures and fixing a penalty for violation
thereof.", is hereby repealed.
Section 11: That Ordinance No. 188 entitled, "An Ordinance
regulating the sale of bread in Huntington Beach and establishing
the standard of weights thereof.", is hereby repealed.
Section 12: That Ordinance No. 217 entitled, "An Ordinance
of the City of Huntington Beach regulating traffic and travel in the
air.", is hereby repealed.
Section 13: That Ordinance No. 293 entitled, "An Ordinance
of the City of Huntington Beach regulating the house moving busi-
ness in said City, fixing the license fee of said business, requiring
a permit to conduct the same and for revenue.", is hereby repealed.
Section 14: That Ordinance No. 300 entitled, "An Ordinance
of the City of Huntington Beach creating a new office to be known
as "Weigh Master" for the City of Huntington Beach, prescribing
the duties and compensation of such officer, the term of office and
manner of appointment.", is hereby repealed.
Section 15: That Ordinance No. 362 entitled, "An Ordinance
of the City of Huntington Beach defining intoxicating liquors and
prohibiting the sale, manufacture, transportation andlor possession
of intoxicating liquors, defining alcoholic beverages and regulating
the selling and dispensing of the same and designating license fees
to be charged therefor, and providing penalties for the violation
hereof.", is hereby repealed.
Enacted January 22, 1940.
ORDINANCE NO. 436 259
ORDINANCE NO. 436
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI-
FORNIA, AMENDING ORDINANCE NO. 322 OF SAID CITY,
ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH RELATING TO AND
REGULATING TRAFFIC UPON THE PUBLIC STREETS OF
THE CITY OF HUNTINGTON BEACH AND REPEALING ALL
ORDINANCES INCONSISTENT HEREWITH", AS AMENDED.
The City Council of the City of Huntington Beach. California, do
ordain as fellows:
Section 1: That Section 23 of Ordinance No. 322, as amended,
be and the same is hereby amended so as to read as follows:
Section 23: The following street intersections in the City of
Huntington Beach are hereby designated as "STOP" intersections:
1. Main street and Walnut Avenue.
2. Main Street and Olive Avenue.
3. Main Street and Magnolia Avenue.
4. Main Street and Fifth Street and Frankfort Street Extension.
5. Main Street and Seventeenth Street.
6. Lake Street and Frankfort Street Extension.
7. Alabama Avenue and Frankfort Street Extension.
8. Seventeenth Street and Orange Avenue.
9. Delaware Avenue and Indianapolis Street.
10. Delaware Avenue and Frankfort Street.
All vehicles entering or crossing said intersections are hereby
required to stop at the following entrances thereof, provided said
entrances are clearly marked or sign-posted as required by the Ve-
.hicle Code of the State of California:
1. Main Street and Walnut Avenue: All vehicles entering or
crossing said intersection from Walnut Avenue are required to stop
at the entrance thereof.
2. Main Street and Olive Avenue: All vehicles entering or cross-
ing said intersection from Olive Avenue are required to stop at the
entrance thereof.
3. Main Street and Magnolia Avenue: All vehicles entering or
crossing said intersection from Magnolia Avenue are required to stop
at the entrance thereof.
4. Main Street and Fifth Street and Frankfort Street Extension:
All vehicles entering or crossing said intersection from Fifth Street or
from Frankfort Street Extension are required to stop at the entrance
thereof.
5. Main Street and Seventeenth Street: All vehicles entering or
260 ORDINANCE NO. 436
crossing said intersection from Seventeenth Street are required to
stop at the entrance thereof.
6. Lake Street and Frankfort Street Extension: All vehicles
entering or crossing said intersection from Lake Street are required
to stop at the entrance thereof.
7. Alabama Avenue and Frankfort Street Extension: All vehi-
cles entering or crossing said intersection from Alabama Avenue are
required to stop at the entrance thereof.
8. Seventeenth Street and Orange Avenue: All vehicles enter-
ing or crossing said intersection from Orange Avenue are required
to stop at the entrance thereof.
9. Delaware Avenue and Indianapolis Street: All vehicles en-
tering or crossing said intersection from Indianapolis Street are re-
quired to stop at the entrance thereof.
10. Delaware Avenue and Frankfort Street: All vehicles en-
tering or crossing said intersection either from Delaware Avenue or
from Frankfort Street are hereby required to stop at the entrance
thereof.
The Chief of Police is hereby authorized and directed to place
and maintain a "STOP' sign at or near the entrance of the intersec.
Lion where said stop is required. Said "STOP' sign shall comply
with the provisions of said Vehicle Code of the State of California.
Enacted June 3, 1940.
ORDINANCE NO. 437 261
ORIDINANCE NO. 437
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUN-
TINGTON BEACH, CALIFORNIA, CREATING A MAJOR DIS-
ASTER EMERGENCY COUNCIL AND AN ADVISORY COUNCIL
FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA.
The City Council of the City of Huntington Beach, California, do
ordain as follows:
Section 1: For the purpose of creating a coordinating oraniza-
tion and to be prepared to meet the needs of citizens of the City of
Huntington Beach in the event of some major, physical disaster or
catastrophe overtaking the community, this ordinance is enacted.
Section 2: The term "disaster" as used in this ordinance shall
mean floods, fires, earthquakes, pestilence, tornadoes, and other acts
of God, which threaten to cause extraordinary loss of life or destruc-
tion of property, and shall not include domestic disturbances, strikes
or labor difficulties. In such occurrences the responsibility devolves
upon the regularly constituted law enforcement authorities for the
maintenance of public peace and order. Authority is hereby denied
the Major Disaster Emergency Council to act in these matters, which
are not considered acts of God.
Section 3: There is hereby created, under the supervision and
control of the City Council, a Major Disaster Emergency Council,
which shall consist of the heads of all the Departments of the City
Government and the members of the City Council. The Mayor shall
be the Chairman of the Emergency Council. The Major Disaster
Emergency Council shall formulate plans to:
(a). Coordinate all resources of the City of Huntintgon Beach
and the various citizens of said City, together with the resources
of the various corporations, business houses and associations doing
business in the City of Huntington Beach.
(b). Secure by means of mutual cooperation and effort an ef-
fective and efficient method of utilizing all available resources and
materials for relief of and the general welfare of the people of the
City of Huntington Beach in the event of some major disaster. The
plan so formulated shall conform in all respects to the laws to which
the City of Huntington Beach and its officers are subject.
Section 4: There is hereby created an Advisory Council to which
the following organizations shall be invited to nominate representa-
tives, which Council shall consist of representatives of the American
Red Cross, American Legion, Boy Scouts of America, the several
local and regional Major Disaster Councils, labor and civil organiza-
tions, public service and utilities corporations and various business
houses, associations, corporations and representative citizens of the
City of Huntington Beach. The nomination of members of such
Council shall be confirmed by the City Council to serve during the
pleasure of said City Council. The Advisory Council shall act in an
advisory capacity to the Major Disaster Emergency Council.
Section 5: Nothing contained in this ordinance shall be con-
262 ORDINANCE NO. 437
strued as giving the Major Disaster Emergency Council or the Ad-
visory Council any power to control or direct the operation or func-
tioning of any officer or department of the City, or to incur any
liability of any kind on behalf of the City or any officer or depart-
ment thereof, andjor any organization or member of the Advisory
Council; and nothing contained in this ordinance shall be construed
as compelling any person to submit to medical or surgical treatment
without his consent.
Section 6: Because of its established national and local program
the American Red Cross is recognized as the official agency for the
collection and distribution of relief funds, materials and services.
Approval and adoption of this ordinance shall in no way be con-
strued as limiting or modifying in any way
1. The Disaster Relief responsibility of the American Red
Cross as imposed by the charter given to it by the Congress of the
United States in 1905;
2. The complete freedom of action in the policies or procedures
of the American Red Cross in Disaster Relief as they have been or
shall be promulgated by the Central Committee or responsible of-
ficers of that organization.
Section 7: If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be unconstitutional or
invalid, such decision shall not affect the validity or constitutionality
of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this Ordinance and each section,
subsection, sentence, clause and phrase thereof irrespective of the
-act that one or more of the sections, subsections, sentences, clauses
or phrases thereof be declared unconstitutional or invalid.
Section 8: The City Clerk shall certify to the passage of this
ordinance and cause the same to be published once in the Huntington
Leach News, a newspaper of general circulation printed, published
and circulated in the City of Huntington Beach, California, and thirty
(30) days after its passage and adoption this Ordinance shall be in
full force and effect.
Enacted July 29, 1940.
ORDINANCE NO. 438 263
ORDINANCE NO. 438
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI-
FORNIA, AMENDING ORDINANCE NO. 322 OF SAID CITY,
ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH RELATING TO AND
REGULATING TRAFFIC UPON THE PUBLIC STREETS OF
THE CITY OF HUNTINGTON BEACH AND REPEALING ALL
ORDINANCES INCONSISTENT HEREWITH," AS AMENDED.
The City Council of the City of Huntington Beach, California, do
ordain as follows:
Section 1: That Section 23 of Ordinance No. 322, as amended, be
and the same is hereby amended so as to read as follows:
Section 23: The following street intersections in the City of Hun-
tington Beach are hereby designated as "STOP" intersections:
1. Main Street and Walnut Avenue.
2. Main Street and Olive Avenue.
3. Main Street and Magnolia Avenue.
4. Main Street and Fifth Street and Frankfort Street Extension.
5. Main Street and Seventeenth Street.
6. Lake Street and Frankfort Street Extension.
7. Alabama Avenue and Frankfort Street Extension.
8. Seventeenth Street and Orange Avenue.
9. Delaware Avenue and Indianapolis Street.
10. Delaware Avenue and Frankfort Street.
( 11. Main Street and Crest Avenue.
All vehicles entering or crossing said intersections are hereby
required to stop at the following entrances thereof, provided said
entrances are clearly marked or sign-posted as required by the
Vehicle Code of the State of California:
1. Main Street and Walnut Avenue: All vehicles entering or
crossing said intersection from Walnut Avenue are required to stop
at the entrance thereof.
2. Main Street and Olive Avenue: All vehicles entering or
crossing said intersection from Olive Avenue are required to stop at
the entrance thereof.
3. Main Street and Magnolia Avenue: All vehicles entering or
crossing said intersection from Magnolia Avenue are required to stop
at the entrance thereof.
4. Main Street and Fifth Street and Frankfort Street Extension:
All vehicles entering or crossing said intersection from Fifth Street or
from Frankfort Street Extension are required to stop at the entrance
thereof.
5. Main Street and Seventeenth Street: All vehicles entering
or crossing said intersection from Seventeenth Street are required to
stop at the entrance thereof.
6. Lake Street and Frankfort Street Extension: All vehicles
entering or crossing said intersection from Lake Street are required
264 ORDINANCE NO. 438
to stop at the entrance thereof.
7. Alabama Avenue and Frankfort Street Extension: All ve-
hicles entering or crossing said intersection from Alabama Avenue
are required to stop at the entrance thereof.
8. Seventeenth Street and Orange Avenue: All vehicles
entering or crossing said intersection from Orange Avenue are re-
quired to stop at the entrance thereof.
9. Delaware Avenue and Indianapolis Street: All vehicles
entering or crossing said intersection from Indianapolis Street are
required to stop at the entrance thereof.
10. De"aware Avenue an Ca Frankfort Street: All vehicles enter-
ing or crossing said intersection from Delaware Avenue or from
Frankfort Street are hereby required to stop at the entrance thereof.
11. Main Street and Crest Avenue: All vehicles entering or
crossing said intersection either from Main Street or from Crest
Avenue are hereby required to stop at the entrance thereof.
The Chief of Police is hereby authorized and directed to place
and maintain a "STOP" sign at or near the entrance of the intersec-
tion where said stop is required. Said "STOP' sign shall comply
viith the provisions of said Vehicle Code of the State of California.
Section 2: The City Clerk shall certify to the passage and adop-
tion of this Ordinance and shall cause the same to be published by
one insertion in the Huntington Beach News, a weekly newspaper,
printed, published and circulated in the City of Huntington Beach,
California, and thirty (30) days after the adoption hereof the same
shall take effect and be in force.
Enacted August 5, 1940.
1
ORDINANCE NO. 440 265
ORDINANCE NO. 440
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALI-
FORNIA, SETTING THE FEE FOR CONNECTING WITH
JOLIET STREET SEWER EXTENSION, AND PROVIDING PEN-
ALTY FOR VIOLATION.
—O—
The City Council of the City of Huntington Beach, California, do
ordain as follows:
Section 1: It shall be unlawful for any person, firm, or corpora-
tion to connect any sewer line to the Joliet Street Sewer Extension
until a permit therefor has been issued. Said permit shall be obtained
from the Plumbing Inspector of the City of Huntington Beach upon
payment of a fee of Fifteen ($15.00) Dollars, which said sum is hereby
set as the connection fee for each such connection to said sewer line.
Section 2: Every person, firm, or corporation, whether as prin-
cipal, agent, servant, employee, or otherwise, violating or failing,
neglecting or refusing to comply with the provisions of this Ordin-
ance shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not exceeding Five Hundred
($500.00) Dollars, or by imprisonment for not more than six (6)
months, or by both such fine and imprisonment; and each person,
firm, or corporation so violating this Ordinance shall be deemed
guilty of a separate offense for each day during any portion of which
the violation, or failure, neglect or refusal to comply with any of the
provisions of this Ordinance is committed, continued, or permitted.
Enacted September 23, 1940.
ORDINANCE NO. 441 267
ORDINANCE NO. 441
—O—
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUN-
TINGTON BEACH, CALIFORNIA, ORDERING THE CLOSING
OF PORTONS OF A CERTAIN STREET WITHIN THE CITX
OF HUNTNGTON BEACH.
WHEREAS, the City Council of the City of Huntington Beach,
California, did on the 29th day of July, 1940 duly and regularly pass
and adopt Resolution No. 871 entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALI-
FORNIA, DETERMINING AND DECLARING THAT THE PUBLIC
INTEREST AND CONVENIENCE REQUIRE THE CLOSING UP OF
A PORTION OF A CERTAIN STREET WITHIN SAID CITY", and
WHEREAS, the Superintendent of Streets of the City of Hunting-
ton Beach did thereafter cause to be posted and published in the
manner and form and for the time required by law notices of the
passage and adoption of said Resolution No. 871, and
WHEREAS, no exceptions or objections to said work or improve-
ment have been filed with the Clerk of said City Council, and the
time for filing said objections has expired, and
WHEREAS, said work is for the closing up of a portion of a cer-
tain street and it appears that no assessment is necessary,
NOW THEREFORE, the City Council of the City of Huntington
Beach, California, do ordain as follows:
Section 1: That the following described portion of certain streets
and highways in said City of Huntington Beach be, and they are,
hereby closed up and abandoned as public streets, said certain streets
being described as follows:
All that certain land situated in the City of Huntington Beach,
County of Orange, State of California, described as follows, to-wit:
All that portion of Parcel "C", as described in the Decree
rendered January 29th, 1926 in the Superior Court of the
State of California, in and for the County of Orange, in the
Action entitled City of Huntington Beach, a Municipal Cor-
poration, Plaintiff, -vs- Pacific Palisades Association, a Cor-
poration, Defendant, Case No. 18415.
Excepting from said parcel "C" those portions included within
the North-westerly 37Y2 feet of Blocks Four Hundred Eleven
(411) and Five Hundred Eleven (511), the South-easterly
37% feet of Blocks Four Hundred Twelve (412) and Five
Hundred Twelve (512), the North-easterly 30 feet of Blocks
Four Hundred Eleven (411) and Four Hundred Twelve (412)
and the South-westerly 30 feet of Blocks Five Hundred Elev-
en (511) and Five Hundred Twelve (512), all in "Huntington
Beach, Seventeenth St. Section", as shown on a Map recorded
in Book 4, page 10 of Miscellaneous Maps, records of Orange
County, California.
Enacted November 4, 1940.
P
ORDINANCE NO. 443 269
ORDINANCE NO. 443
AN ORDINANCE PROVIDING FOR POSTING PROPERTY USED
FOR CERTAIN PURPOSES, PROHIBITING TRESPASSING
UPON, AND LOITERING IN THE IMMEDIATE VICINITY OF
SUCH POSTED PROPERTY, AND PROVIDING PENALTY FOR
VIOLATION THEREOF.
The City Council of the City of Huntington Beach, California,
do ordain as follows:
Section 1: That the following terms used in this Ordinance,
unless the context clearly indicates otherwise, shall have the re-
spective meanings herein set forth, namely:
(a) The term "Sign" means a sign affixed not less than three
(3) feet, nor more than six (6) feet, above the ground level at the
place of posting as specified in this Ordinance, which sign shall
consist of wood, metal, or other substantial material, with a face
of not less than one (1) square foot in area and upon which in
letters not less than 2 inches in height, either black against a white
background or white against a black background, or contrasting
colors, in addition to such other information as may be placed thereon,
appear the following: "TRESPASSING - LOITERING - FORBID-
DEN BY LAW;"
(b) The Term "Posted Property" means any property specified
in Section 2 of this Ordinance which is posted in a manner provided
in Section 3 of this Ordinance;
(c) The term "Posted Boundary" means a line running from
sign to sign and such line need not conform to the legal boundary
or legal description of any lot, parcel or acreage of land, but only
the area within the "posted boundary" shall constitute "posted prop-
erty", except as otherwise provided in Section 3, subsection (e), hereof.
Section 2: Any property may be posted against trespassing and
loitering in the manner provided in Section 3 hereof and thereby
become "posted property" subject to the provisions of this Ordinance
applicable to posted property, if such property consist of, or be used,
or be designed to be used, for any one or more of the following:
(a) An oil well, oil field, tank farm, refinery, compressor plant,
absorption plant, bulk plant, marine terminal, pipe line, pipe line
pumping station, or reservoir, used for the production, extraction,
treatment, handling, storage, or transportation of oil, gas, gasoline,
petroleum, or any product or products thereof;
(b) A gas plant, gas storage station, gas meter or regulator
station, gas odorant station, gas pipe line, or appurtenances, or any
other property used in the transmission or distribution of gas;
(c) A reservoir, dam, generating plant, receiving station, distri-
buting station, transformer, transmission line, or any appurtenances,
used for the storage of water for the generation of electricity by
water or steam or by any other apparatus or method suitable for
the generation of electricity or for the handling, transmission, re-
ception, or distribution of electric energy;
(d) A water well, dam, reservoir, pumping plant, aqueduct,
canal, tunnel, siphon, conduit, or any other structure, facility, or
conductor, for producing, storing, diverting, conserving, treating, or
270 ORDINANCE NO. 443
conveying, water;
(e) The production, storage, or manufacture of munitions, dyna-
mite, black blasting powder, gun powder, or other explosives;
(f) A railroad right-of-way railroad bride, railroad tunnel,
railroad shop, railroad yard, or other railroad facility.
Section 3: Any property described in Section 2 of this Ordinance
may be posted against trespassing and loitering in the following
manner:
(a) Any such property, if it be not enclosed within a fence and
if it be of an area not exceeding one (1) acre and if it have no
lineal dimension exceeding one (1) mile, by posting signs at each
corner of the area so posted and at each entrance thereto;
(b) Any such property, if it be not enclosed within a fence and
if it be of an area exceeding one (1) acre or if it contain any lineal
dimension exceeding one (1) mile, by posting signs along or near
the exterior boundaries of the area so posted at intervals of not
more than 600 feet and also at each corner thereof, and, if such
property have definite entrance or entrances thereto, at each such
entrance;
(c) Any such property, if it be enclosed within a fence and if
it b; of an area not exceeding one (1) acre and if it have no lineal
dimension exceeding one (1) mile, by posting signs at each corner
of such fence and at each entrance thereto;
(d) Any such property, if it be enclosed within a fence and if
it be of an area exceeding one (1) acre or if it have any lineal
dimension exceeding one (1) mile, by posting signs on, or along the
line of, such fence at intervals of not more than 600 feet and also
at each corner thereof and at each entrance thereto;
(e) Any such property, if it consist of poles or towers or appur-
tenant structures for the suspension of wires or other conductors for
conveying electricity or telegraphic or telephonic messages, by affix-
ing a sign upon one or more sides of such poles or towers, but such
posting shall render only the pole or tower or appurtenant structure
"posted property".
Section 4: Every person is guilty of a misdemeanor who enters
or remains upon any "posted property" without the written permis-
sion of the owner, tenant or occupant in legal possession or control
thereof. Every person who so enters, or remains upon such "posted
property" without such written permission is guilty of a separate
offense for each day during any portion of which he enters or re-
mains upon such "posted property".
Section 5: Every person is guilty of a misdemeanor who without
authority tears down, defaces or destroys any sign posted under
the provisions of this ordinance.
Section 6: Every person is guilty of a misdemeanor who loiters
in the immediate vicinity of any "posted property".
Section 7: Nothing in this Ordinance shall be deemed to pro-
hibit any activity for the purpose of engaging in any organizational
effort on behalf of any labor union, agent or members thereof, and/or
employee groups employed or formerly employed in any place of
business or manufacturing establishment mentioned herein, or for
ORDINANCE NO. 443 271
carrying on the normal activities of labor unions.
Section 8: This Ordinance does not apply to any entry, in the
course of duty, of any peace or police officer or other duly authorized
public officer, nor does it apply to the lawful use of an established
and existing right of way for public road purposes.
Section 9: Violation of any of the provisions of this Ordinance is
punishable by a fine not exceeding Five Hundred Dollars ($500.00),
or by imprisonment in the county jail not exceeding six (6) months,
or by both such fine and imprisonment.
Section 10: If any provision of this Ordinance, or the application
thereof to any person or circumstance, is held to be invalid, the
remainder of the Ordinance, and the application of such provision to
other persons or circumstances, shall not be affected thereby.
If any section, subsection, sentence, clause or phrase of this or-
dinance is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity or constitutionality of the
remaining portions of this ordinance. The City Council of the City
of Huntington Beach, California, hereby declares that it would have
passed this Ordinance and each section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that one or more of the
sections, subsections, sentences, clauses or phrases thereof be de-
clared unconstitutional or invalid.
Enacted December 2, 1940.
NUMERICAL INDEX
ORDINANCE
1. Fixing time and place of meeting of Board of Trustees.
2. Bonds of certain Officers.
3. Adopting Seal.
4. Compensation of certain Officers.
5. Rules of proceedings of Board of Trustees.
6. Intoxicating liquors, sale, etc.
7. Establishing public pound.
8. Ordinances, establishing, essentials of.
9. Prohibiting gambling.
10. Business licenses.
11. Water rates, establishing.
12. Taxes, Assessment and collection of.
13. Creating Office of Superintendent of Streets and Engineer.
14. Prohibiting playing of certain games.
15. Powers of certain officers.
16. Fire Arms, regulating use of.
17. Providing for Sanitary conditions and health.
18. Public Ubrarv, acceptance of gift and establishment of.
19. Prohibiting Obstruction of Streets, Alleys, etc.
20. Amending Ordinance No. 15 (Funds).
j 21. Amending Ordinance No. 17 (Cesspools).
22. Regulating riding bicycles, etc., on sidewalks.
23. Accepting perpetual easement. Beach, first to eleventh St.
24. Life Saving Equipment on wharves.
25. Amending Ordinance No. 10. (Licenses).
26. Street Names, approving, etc.
27. Prohibiting Fowls running at large.
28. Specifications for Cement curbs, No. 1.
29. Specifications for cement sidewalks, No. 2.
30. Rules for work on Streets, sidewalks, etc.
31. Amending Ordinance No. 19 (Obstructing Streets, etc.)
32. Amending Ordinance No. 4 (Salary).
33. Establishing datum plane for grades.
34. Specifications for grading streets, No. 3.
35. Specifications for grading streets, No. 4.
36. Financial report for persons, etc., Supplying water.
37. Apportionment of funds.
38. Requiring cleaning of sidewalks.
39. Amending Ordinance No. 1 (Meetings).
40. Collection of Taxes by county.
41. General Bi-Annual election, calling.
42. Submitting question to voters at General Election.
43. Fixing fiscal year.
44. Submitting question of pay of Trustees to Voters.
45. Amending Ordinance No. 10 (Licenses).
46. Repealing Paragraph "C" of Section 1. Ordinance No. 4.
47. Establishing Water rates.
NUMERICAL INDEX
ORDINANCE
48. Adding Paragraph to Ordinance No. 4 (Salary).
49. Amending Ordinance No. 2 (Bond of Officers).
50. Amending Ordinance No. 4 (Salary).
51. Adopting provisions of State Law, Planting Trees.
52. Amending Ordinance No. 10 (Licenses).
53. Amending Ordinance No. 10 (Licenses).
54. Creating Department of Oil inspection.
55. Calling special election (Gas Plant).
56. Establishing curb lines and grade on Walnut Avenue.
57. Establishing curb lines and grade on Olive Avenue.
58. Amending Ordinance No. 4 (Salary).
59. Establishing grades on Acacia Street.
60. Establishing curb lines and grade on Palm Avenue.
61. Establishing curb lines and grade on Magnolia Avenue.
62. Naming Certain streets.
63. Establishing curb lines and grade on Alabama Avenue.
64. Fixing radius of Curb Returns.
65. Fixing Amount to be raised by taxation.
66. Regulating keeping of Pigs and chickens and Maintenance
of privy vaults.
67. Specifications of grading and oiling streets, No. 5.
68. Building construction, fire districts and fire department.
69. Regulating driving vehicles on sidewalks.
70. Regulating Speed of vehicles.
71. Regulating Pool and Billiard Rooms.
72. Punishment of Drunkenness, etc.
73. Specifications for grading and oiling streets No. 6.
74. Establishing Grade of Geneva Street.
75. Prohibiting, carry concealed weapons.
76. Amending Ordinance No. 13 (Salary).
77. Garbage, care and removal of.
78. Establishing water rates.
79. Creating office of Building Inspector, etc.
80. Prohibiting throwing of trash, etc., on Beach.
81. Fixing amount to be raised by taxation.
82. Providing for a system of numbering buildings.
83. Granting Holly Sugar Co. right-of-way for sewer line.
84. Requiring cleaning of weeds.
85. Amending Ordinance No. 1 (Time of Meeting).
86. Accepting gift of Circle Park.
87. Regulations for supplying light, water, power, heat, transpor-
tation, telephone service, etc.
88. General bi-annual election, calling.
89. Special Election, calling (Pier Bonds).
90. Establishing water rates.
91. Issuing Pier Bonds.
92. Amending Ordinance No. 4 (Salary).
93. Special election, calling (15 cent advertising, etc. Fund).
94. Changing name of Railroad Avenue to Lake Avenue.
95. Business licenses.
NUMERICAL INDEX
ORDINANCE
96. Amending Ordinance No. 13 (Superintendent of Streets).
97. Fixing amount to be raised by taxation.
98. License for certain business.
99. Granting Franch se to West Coast Gas Co.
100. Amending Ordinance No. 14 (Pool Rooms).
101. Changing and establishing grade on Geneva street.
102. Special Election, calling (Recall).
103. Regulating location for underground sewers, etc.
104. Amending Ordinance No. 13 (Salary).
105. Regulating fireworks.
106. Establishing water rates.
107. Special election, calling, 15 cent tax for advertising, etc.
108. Special Election, calling, Control over public utilities.
109. Opening, widening, etc., of Delaware Avenue.
110. Fixing amount to be raised by taxation.
111. Specifications for grading and oiling streets, No. 6.
112. Special Election, calling. Sewer bonds.
113. Specifications for grading and paving streets, No. 7.
114. Providing for mufflers on Motor Vehicles.
115. Amending Ordinance No. 6, Intoxicating liquors.
116. Regulating construction and inspection of electrical appliances.
117. Issuing sewer bonds.
118. Establishing grade on Seventeenth Street, Delaware Avenue
and Atlanta Street.
119. General Biennial election, calling.
120. Granting franchise to Pacific Light & Power Corporation.
121. Submitting question of salary of Board of Trustees to voters.
122. Amending Ordinance No. 13 (Salary).
123. Amending Ordinance No. 4 (Salary).
124. Amending Ordinance No. 82 (House numbers).
125. Specifications for grading and paving streets, No. 8.
126. Regulating sale of berries.
127. Special election, calling, 15 cent tax for advertising, etc.
128. Business licenses.
129. Special election, calling (Fire Department Bonds).
130. Control of and regulations on Pier.
131. Amending Ordinance No. 79 (Building Inspector fees).
132. Amending Ordinance No. 33 (Datum Plane).
133. Amending Ordinance No. 56 (Curb lines, Walnut Ave.).
134. Amending Ordinance No. 57 (Curb lines, Olive Ave.).
135. Amending Ordinance No. 59 (Grades, Acacia Avenue).
136. Amending Ordinance No. 60 (Curb lines, Palm Avenue).
137. Amending Ordinance No. 61 (Curb lines, Magnolia Avenue).
138. Amending Ordinance No. 63 (Curb lines, Alabama Avenue).
139. Amending Ordinance No. 118 (Grade 17th Street, etc.).
140. Amending Ordinance No. 101 (Grade, Geneva Street).
141. License (Sparring and athletic exhibitions).
142. Amending Ordinance No. 128 (License).
143. Specifications for sewers.
144. Fixing amount to be raised by taxation.
NUMERICAL INDEX
ORDINANCE
145. Specifications for grading and pavng streets, No. 10.
146. Specifications for corrugated iron culverts, No. 11.
147. Establishing grades on certain streets.
148. Prohibiting use of fishing nets or seines within 1000 ft. of Pier.
149. Electing to collect taxes.
150. Providing for assessment and collection of taxes.
151. Amending Ordinance No. 68 (Building Ordinance).
152. Regulating moving picture exhibitions.
153. Requiring removal of filth where fruits and vegetables are
sold.
154. Amending Ordinance No. 152 (Moving Picture Show).
155. Creating office of Assistant Assessor and Tax Collector.
156. Special Election, calling (Purchase of fire apparatus).
157. Regulating plumbing and sewer connections.
158. Establishing grades on certain streets.
159. Regulating traffic on streets.
160. Not enacted.
161. Not enacted.
162. Amending Ordinance No. 68. (Building Ordinance).
163. Amending Ordinance No. 28 (Specification No. 1).
164. Amending Ordinance No. 125 (Specification No. 8).
165. Establishing grades on Ocean Avenue and Main Street.
166. Special election, calling (Acquisition of Gas System).
167. General election, calling.
168. Specifications for Ornamental Street lights, No. 12.
169. Creating office of City Manager.
170. Amending Ordinance No. 4 (Salary).
171. Issuing bonds for gas system.
172. Regulations for control and operation of gas system.
173. Specifications for Ornamental Street lights, No. 14.
174. Issuing gas system bonds.
175. Fixing price for gas sold to consumers.
176. Establishing grade on Ocean Avenue and Coast Boulevard.
177. Specifications for grading and paving streets, etc., No. 15.
178. Regulating sale of bread.
179. Requiring vendors of ice to have scales tested.
180. Establishing grades on Ocean Avenue and Main Street.
181. Regulating junk dealers.
182. Amending Ordinance No. 4 (Salary).
183. Amending Ordinance No. 175 (Price of gas).
184. Fixing salary of City Manager.
185. Closing Yorktown Street.
186. Establishing grades on 1st, 2nd, 3rd Streets, Walnut, Olive
and Orange Avenues.
187. Not enacted.
188. Regulating sale of bread.
189. Establishing office of Poundmaster.
190. Junk dealers, licenses and regulations.
191. General election, calling.
192. Salary of Marshal and Tax Collector.
NUIIVIERICAL INDEX
ORDINANCE
193. Salary of City Clerk.
194. Salary of City Treasurer.
195. Repealing Ordinances, 10, 25, 45, 52, 53, 95 and 98.
196. Creating office of Superintendent of Gas and Sewer.
197. Amending Ordinance No. 5 (Committees).
198. Abolishing office of City Manager.
199. Amending Ordinance No. 4 (Salary).
200. Amending Ordinance No. 1 (Place of meeting).
200%. Closing Yorktown Street, etc.
201. Special Election, Calling, Acquisitions, etc., of Gas System.
202. Issuing Bonds for Gas System.
203. Amending Ordinance No. 192 (Salary).
204. Establishing Street Grades.
205. General Election, Calling.
206. Not enacted.
207. Parking regulations.
208. Amending Ordinance No. 4 (Salary).
209. Establishing business and residence districts.
210. Business licenses.
211. Amending Ordinance No. 209 (Business and Residence dis-
tricts).
212. Prohibiting business wagons in certain districts.
213. Special Election, Calling (Assembly and Convention Hall).
214. Same as Ordinance No. 213.
215. Amending Ordinance No. 207 (Parking regulations).
216. Establishing Police Department.
217. Regulating Traffic.
218. Amending Ordinance No. 210 (Licenses).
219. Adopting Federal liquor law.
220. Establishing grade on Walnut Street.
221. Specifications for street paving.
222. Widening Fifth Street.
223. Enforcing Federal Liquor Law.
224. Oil well license.
225. Widening Fifth Street.
226. Building Ordinance.
227. Plumbing Ordinance.
228. Electrical Ordinance.
229. Accepting gift of land from Huntington Beach Co.
230. Dance Hall regulations.
231. Extending time to commence action under Ordinance No. 225.
232. Special election, calling (City Hall and Jail Fire Apparatus
wharf and Convention Hall).
233. Amending Ordinance No. 230 (Dance Hall).
234. Amending Ordinance No. 19 (Obstructing sidewalks, etc.).
235. Salary.
236. General Election, Calling.
237. Issuing Bonds (Fire apparatus, City Hall and Jail).
238. Issuing Bonds (Assembly and Convention Hall).
239. Amending Ordinance No. 238 (Issuing Bonds).
NUMERICAL INDEX
ORDINANCE
240. Amending Ordinance No. 210 (Licenses).
241. Prohibiting use of sewers for certain purposes.
242. Amending Ordinance No. 224 (Oil well license).
243. Special Election, Calling (To amend Ordinance No. 209).
244. Hotel and rooming house regulations.
245. Amending Ordinance No. 141 (Licenses).
246. Salary.
247. Amending Ordinance No. 217 (Airplane traffic).
248. Regulating vehicles on the beach.
249. Amending Ordinance No. 68 (Building).
250. Prohibiting doing certain acts on streets.
251. Amending Ordinance No. 68 (Building).
252. Amending Ordinance No. 68 (Building).
253. Amending Ordinance No. 19 (Obstruction of streets).
254. Bond of officials.
255. Parking Vehicles.
256. Amending Ordinance No. 226 (Building).
257. Special election, calling, (Street work).
258. Establishing grades on Ocean Ave., Main Street and 17th St.
259. Issuing Bonds for Street work.
260. Amending Ordinance No. 209 (Business and residence district).
261. Amending Ordinance No. 226 (Building).
262. Amending Ordinance No. 1 (Place of meeting).
263. Granting Franchise to Thomas W. Simmons.
264. Amending Ordinance No. 226 (Building).
265. Amending Ordinance No. 15 (Funds).
266. Establishing grade on Tenth Street.
267. Establishing grade on 15th and 16th Streets.
268. Amending Ordinance No. 255 (Parking).
269. Not enacted.
270. Establishing bench mark.
271. Revoking franchise of Thomas W. Simmons.
272. Creating office of Superintendent of Gas Department.
273. Special Election, calling (Wharf, sewer disposal, etc.).
274. Creating Office of City Controller.
275. Amending Ordinance No. 150 (Taxes).
276. Amending Ordinance No. 255 (Parking Vehicles on streets, etc.).
277. Amending Ordinance No. 226 (Building Ordinance).
278. Amending Ordinance No. 227 (Plumbing).
279. Amending Ordinance No. 209 (Business and Residence District).
280. Providing for fire prevention measures.
281. Amending Ordinance No. 224 (Business licenses).
282. Regulating operating and drilling oil wells.
283. Regulating outdoor advertising.
284. Not enacted.
285. Amending Ordinance No. 68 (Building Ordinance).
286. Amending Ordinance No. 210 (Business licenses).
287. Creating office of examiner of mechanical engineers.
288. Regulating installation of gas meters.
289. Amending Ordinance No. 209 (Business and residence district).
290. Amending Ordinance No. 68 (Building Ordinance).
NUMERICAL INDEX
ORDINANCE
291. Amending Ordinance No. 68 (Building Ordinance).
292. Amending Ordinance No. 19 (Obstruction of streets, etc.).
293. Regulating House moving.
294. Amending Ordinance No. 210 (License, tank eagon,etc.).
295. Repealing Ordinance No. 287 (Examiner of mechanical
engineers).
296. Special election, calling (Selling gas system).
297. Amending Ordinance No. 209 (Business and residence district).
298. Amending Ordinance No. 224 (Oil well licenses).
299. Amending Ordinance No. 293 (House moving).
300. Creating office of weight master.
301. Amending Ordinance No. 4 (Salary).
302. Granting franchise to Southern Counties Gas Company.
303. Not enacted.
304. Regulating traffic on certain streets.
305. Not enacted.
306. Amending Ordinance No. 4 (Salary).
307. Not enacted.
308. Repealing Ordinance No. 282 (Oil well drilling regulations).
309. Business licenses.
310. Not enacted.
311. Amending Ordinance No. 309 (Licenses).
312. Amending Ordinance No. 19 (Obstruction of streets, etc.).
313. Amending Ordinance No. 4 (Salary).
314. Amending Ordinance No. 304 (Regulating traffic).
315. Not enacted.
316. General election, calling.
317. Fixing compensation of members of the City Council.
318. Amending Ordinance No. 228 (Electric appliances).
319. Amending Ordinance No. 280 (Fire prevention).
320. Not enacted.
321. Amending Ordinance No. 4 (Salary).
322. Regulating traffic on streets.
323. Amending Ordinance No. 280 (Fire prevention).
324. Vicious dogs to be kept under control.
325. Prohibiting distribution of hand bills.
326. Amending Ordinance No. 1 (Meetings).
327. Business licenses.
328. Amending Ordinance No. 230 (Dance halls).
329. Amending Ordinance No. 280 (Fire Prevention).
330. Special Election, calling (Extension of wharf).
331. Issuing of bonds for extension of wharf.
332. Amending Ordinance No. 224 (Licenses).
333. Amending Ordinance No. 209 (Business and residence district).
334. Amending Ordinance No. 322 (Traffic regulations).
335. Amending Ordinance No. 327 (Licenses).
336. Amending Ordinance No. 230 (Dance halls).
337. Declaring Ordinance No. 332 failed of adoption.
338. Special election, calling (Referendum).
339. Amending Ordinance No. 4 (Salary).
340. Amending Ordinance No. 230 (Dance halls).
NUMERICAL INDEX
ORDINANCE
341. Regulating use of beach.
342. Amending Ordinance No. 150 (Taxes).
343. Regulating use of the Pier.
344. Regulating control and supervision of the Pier.
345. Amending Ordinance No. 327 (Licenses).
346. Amending Ordinance No. 33 (Datum Plane).
347. Amending Ordinance No. 226 (Building Ordinance).
348. Amending Ordinance No. 344 (Supervision of the Pier).
349. Amending Ordinance No. 150 (Taxes).
350. Amending Ordinance No. 230 (Fire Prevention).
351. Not enacted.
352. Amending Ordinance No. 327 (Licenses).
353. Amending Ordinance No. 224 (Oil Well Licenses).
354. Amending Ordinance No. 327 (Licenses).
355. Amending Ordinance No. 327 (Licenses).
356. Amending Ordinance No. 19 (Obstruction of Streets).
357. Not enacted.
358. Adding new section to Ordinance No. 150 (Taxes).
359. Amending Ordinance No. 226 (Building Ordinances).
360. Repealing Ordinances 6, 219, and 223 (Intoxicating liquors).
361. Amending Ordinance No. 226 (Building Ordinance).
362. Prohibiting sale, etc., of Intoxicating Liquors.
363. Amending Ordinance No. 362 (Intoxicating liquors).
364. Amending Ordinance No. 224 (Oil well licenses).
365. Repealing Sections, 22a, 22b, 22c, 22d, and 22e of Ordinance 362.
366. Adding new section to Ordinance No. 327 (Licenses).
367. Amending Ordinance No. 226 (Building Ordinance).
368. Amending Ordinance No. 19 (Obstruction of streets, etc.).
369. Amending Ordinance No. 150 (Taxes).
370. Not enacted.
371. Amending Ordinance No. 327 (Licenses).
372. Amending Ordinance No. 327 (Licenses).
373. Amending Ordinance No. 322 (Parking limits).
374. Amending Ordinance No. 150 (Taxes).
375. Adoption of uniform Building Code.
376. Prohibiting Solicitation of Tort claims.
377. Not enacted.
378. Amending Ordinance No. 280 (Fire prevention in Oil Fields).
379. Amending Ordinance No. 327 (Licenses).
380. Amending Ordinance No. 189 (Poundmaster)
381. Regulating signs over sidewalks.
382. Not enacted.
383. Fixing amount of bond of officials.
384. Amending Ordinance No. 224 (Oil well licenses).
385. Amending Ordinance No. 327 (Licenses).
386. Establishing business, etc., districts.
387. Not enacted.
388. Providing for disposition of funds received from the state.
389. Amending Ordinance No. 150 (Taxes).
390. Amending Ordinance No. 280 (Fire prevention).
NUMERICAL. INDEX
ORDINANCE
391. Authorizing Council to exceed 5% limit.
392. Authorizing Council to acquire water System.
393. Amending Ordinance No. 375 (Building Code).
394. Not enacted.
395. Establishing a Planning Commission.
396. Amending Ordinance No. 327 (Licenses),
397. Not enacted..
398. Regulations for camp cars and Trailers.
399. Amending Ordinance No. 150 (Taxes).
400. Amending Ordinance No. 327 (Licenses).
401. Not enacted.
402. Declaring City Judge and Attorney shall be elective.
403. ^Declaring chief of Police shall be elective.
404. Defining Special elections.and time of.
405. Amending Ordinance No. 322 (Traffic).
406. Amending Ordinance No. 280 (Fire prevention).
407. *Amending Ordinance No. 72 (Punishment of drunkenness).
408. Calling election (Acquisition of Park and playground).
409. Not enacted.
410. Amending Ordinance No. 381 (Signs over sidewalks).
411. Amending Ordinance No. 383 (Bond of Officers).
412. Issuing Bonds for Park and playground. •
413. Fireworks.
414. Amending Ordinance No. 230 (Dance halls).
415. Establishing salaries of Fire Department.
416. Amending Ordinance No. 216 (Salaries of Police Department).
417. Amending Ordinance No. 322 (Traffic).
418. Regulating applications for oil well drilling.
419. Amending Ordinance No. 344 (Pier regulations).
420. -Amending Ordinance No. 322 (Traffic).
4Z1. Amending Ordinance No. 280 (Fire prevention in oil fields).
422. Amending Ordinance No. 322 (Traffic).
423. Amending Ordinance No. 280 (Fire prevention in oil fields).
424: Providing for payment of taxes.
425. System of taxation.
426. ,Establishing residence district.
427. Creating Fire department and fixing salaries.
428. Amending Ordinance No. 322 (Traffic).
429. Special election, calling (Water works bonds).
430. Relating to elections.
431. Salary and Bond, etc. of Treasurer.
432. Registration of Bicycles.
433. Amending Ordinance 425.
434. Salaries and classification of officers.
435. Repealing certain ordinances.
36o Traffic e Amends 022
437- Creates Ma r Disaster Council - Re-
pealed by 4&7<
�o Traffic - Amends 0322
9- ,
4 o Joliet St. Server Fee lor Connection.
441. Closing Street Blkso 41.�1-511-412-512
4420 Not passed
443e Trespassing
444. Salary - Amends 434.
445. Salary - Amends 434.
446. Traffic - Amends 322.
447. Civilian Defense Council - repeals 437.
448. Air Raid Precautions (Blac.%mout)
449. Salary - Judge o Amends 434,
450. Salary - Adds Coordinator - Amends 434.
4510 Bewer 7 extension B1. 301-H.B.
452. Salary Ord. amends 434.
453. Streets closed a/c defense.
454o Picketing Ord. Amends 327 (License)
455. Defense Council, Est. of (Duties eta.)
456. Civilian Protection Corps, Est. of =&
Control Center.
457. Open Fires afe r dark.
458. Fireworks, Prohibiting Sale of.
459. Mary - Director of Defense Council
460. Salary - Switchboard Oper. Life Gd. Dept.
461.
462. Salary - Amends 434
463. Dim-out Ord. Proclamation 010. _
464. Defense Bond Deductions from Payroll
465. Victory Tax -
466. Air Raid Precaution - Amends 448.
467. Citizens Service Corps
468. Salary - Amends 434 (City Servo Corp.
469. Traffic (Stop sign removed)Direc amends 322
470. Salary - A mends 434 (all depts.)
471. Salary - Amends 434 (Bldg. Co.Ordinator &
vacations.)
472. amends 467 - Office & Duties of Bldg. Cord.
473. Amends 224 - Oil Well License
474. Amends 227 - Electricians Bond
475. amends 227 - Plumbers Bond
476. Regulates Sale of Electrical Materials
477. Destruction of City property
478. Amends Ord. 419 - (Oil Well Drilling)
479. Council Meetings - 1 & 3rd Monday
450. Curfew
481. Dogs - Amends 189 -
482. Salary o mends 434.