HomeMy WebLinkAboutMunicipal Code Changes 1976 HUNTINGTON BEACH MUNICIPAL CODE CHANGES
(Updated 12/10/75)
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(Effective 1/8/76)
Title 2
ADMINISTRATION AND PERSONNEL ,
Chapters :
2. 04 Eligibility of Candidates
2 . 07 Administrative Officer
2 . 12 City ' Clerk
2�1 � City Treasurer
2 . 20 City Attorney
2 . 2T Police Chief
2 . 27 City Council
2. 32 Building and Community Development Department
2. 3r Environmental- Resources Department
2. 36 Finance Department
2.70 Fire Department
2�41 Harbors and Beaches Department
2�1� Planning Department
2 . 52 Police .Department
2. 57 Public Works Department
2. 60 Recreation and Parks Department
2 . 67 Recreation and Parks Commission
2.77 Street Department
2. 72 Personnel System
2.76' Competitive Service Regulations
2. b Redevelopment Agency
27V Public Library--General Provisions
2 . dd Library Board
2. 92 Public Library--Fiscal Matters
2 . 9 Disposition of Unclaimed Property
Chapter 2 . 04
ELIGIBILITY OF CANDIDATES
Sections :
2 . 04 . 010 Purpose and intent .
2 . 04 . 020 Definitions .
2 . 04 . 030 Residence and registered voter requirements for
elective officers .
2. 04 . 050 Contributions--Limitations .
2. 04 . 060 Expenditures--Limitation.
2 . 04 . 070 Campaign statement--Required.
2 . 04 . 080 Campaign statement--Filing time.
2 . 04 . 090 Infraction.
9
2 . 04 . 010--2 . 04. E i
2 . 04 . 010 Purpose and intent . It is the purpose and
intent of the city council, in enacting the ordinance codified
in this chapter, to place realistic and enforceable limits on
the amount individuals may contribute to political campaigns
in municipal elections, to limit the amount which a candidate
can expend on his campaign to be elected to municipal office
to prevent the exercise by campaign contributors of potential
undue or improper influence over elected officials, and to
insure against a candidate being elected to office based
primarily on the amount he expended on his campaign. The
city council finds that municipal elections are historically.
municipal affairs and consequently the city of Huntington
Beach, a charter city, is not preempted by general state laws
from regulating contributions and expenditures in local elec-
tions . (Ord. 1885, 12/73 ) .
2 . 04 . 020 Definitions . Whenever in this chapter the
following words and phrases are used, they shall mean:
(a) "Campaign statement" means an itemized report signed
under penalty of perjury which is prepared on a form prescribed
by the city clerk, and which provides the following information:
(1 ) Under the heading "receipts , " the total amount
of contributions and loans received, and under the heading
"expenditures , " the total amount of expenditures made during
the period covered by the campaign statement , and the cumula-
tive amounts of , loans, contributions received and expenditures
made with respect to a municipal election;
( 2) The balance of cash and cash equivalents on hand
at the beginning and at the end of the period covered by the
campaign statement ;
( 3 ) The total amount of contributions received during
the period covered by the campaign statement for persons who
have given less than One Hundred Dollars ($100) and the total
amount of contributions received in a period covered by the
campaign statement for persons who have given One Hundred
Dollars ($100) or more;
(4 ) The total amount of expenditures disbursed.
during the period covered by the campaign statement to persons
who have received less than One Hundred Dollars ($100) and the
total amount of the expenditures disbursed during the period
covered by the campaign statement to persons who have received
One Hundred Dollars ($100) or more;
(5) The full name and city, state, occupation and
the name of his or her employer, if any, or the principal place
of business if he or she is self-employed, of each person from
whom a contribution or contributions totaling One Hundred Dollars
($100) or more has been received, together with the amount
contributed by each such person and the cumulative amount con-
tributed by each such person, provided, that in the case of
committees which are listed as contributors , the campaign
10
' 2. 04 .020 .
statement shall also contain the number assigned to the
committee by the Secretary of State or if no such number has
been assigned, the name and street address of the treasurer I•
of the committee;
(6) The full name and city and state of each
person to whom an expenditure or expenditures totaling One
'Hundred Dollars ($100) or more has been made, together with
the amount of each separate expenditure to each such person
during the period covered by the campaign statement and the
cumulative amount paid to each such person; a brief descrip-
tion of the purpose for which the expenditure was made; the
full name and city and state of the person providing the
consideration for which any expenditure was made if different
from the payee; and in the case of committees which are listed,
the number assigned to each such committee by the Secretary
of State or if no such number has been assigned, the full
name and city and state of the treasurer of the committee;
. (7) In the case of a committee supporting or
opposing more than one candidate or measure, the total amount
of expenditures for or against such candidate or measure during
the period covered by the campaign statement and the cumula-
tive total amount of expenditures for or against each candidate
or measure;
(8) The ' full name, residential and business addresses
and telephone numbers of the person filing the campaign state-
ment and, in the case of a campaign statement filed by a com-
mittee, the name of the committee and the committee ' s street
address and telephone number;
In a campaign statement filed by a candidate, the
full name and street address of any committee of which he has
knowledge which has received contributions or made expenditures
on behalf of his candidacy, along with the full name, street
address and telephone number of the treasurer of such committee;
(9) Loans of money, property or other things made
to a candidate or committee during the period covered by the
campaign statement , shall be reported separately in the state-
ment , with the following information:
(i) The total value of all. loans received
during the period covered by the campaign statement,
(ii) For loans of One Hundred Dollars ($100) or
more in value, the full name, city and county, and state of
each lender, cosigner and guarantor, the date of the loan, the
amount or value of the loan, the interest rate and the amount
of loan remaining unpaid,
(iii ) The cumulative total value of all loans
received, and K
11
2 . 04 . 020
' (iv) The total amount of loans remaining unpaid.
Loans shall be reported even though received and
repaid during the period covered by the campaign statement . If a
loan has been forgiven or paid by a third person, it shall be
reported. The amount of the loan which has been forgiven or paid
by a third person shall be subtracted from the cumulative total
under this section;
(10) Where the amount of goods, services, facilities
or anything of value other than money is required to be reported,
the amount shall be the estimated fair market value thereof at the
time received or expended, and a description of the goods, serv-
ices or facilities shall be appended to the campaign statement .
(b) "Candidate" shall mean any individual listed on
the ballot for nomination or election to any city office
or who otherwise has taken affirmative action to seek nomina-
tion or election to public office.
(c ) "Committee" means any person or combination of two
(2) or more persons acting jointly in behalf, of or in opposi-
tion to a candidate or to the qualifications for the ballot
or adoption of one or more measures .
(d) "Contribution" means a gift , subscription, loan,
advance, deposit , pledge, contract, agreement or promise of
money or anything of value or other obligation, whether or not
legally enforceable, made directly or indirectly in aid of or in
opposition to the nomination or election of one or more candidates
or the qualification for the ballot or voter approval of one or
more measures. The term "contribution" includes the purchase of
tickets for events such as dinners, luncheons , rallies and similar
fund raising events; a candidate ' s own money or property used on
behalf of his candidacy; the granting to a candidate or committee
of discounts or rebates not available to the general public ; and
payments for the services of any person serving in behalf of a
candidate or committee, when such payments are not made from
contributions the candidate or committee otherwise must report
under the terms of this chapter. The term "contribution" shall
not include a gift of service or labor when volunteered by the
person performing the service or labor, but shall include a
gift of service or labor paid for by a person other than the
person performing the service or labor. The term "contribution"
shall not include .the cost of an event held in honor or behalf
of a candidate or committee when the total cost of the event
amounts to no more than Two Hundred Dollars ($200) and when
the event is not held for the purpose of obtaining contribu-
tions to the candidate or committee .
(e) "Election" means any primary, general or special
municipal election held in the city, including an initiative,
referendum or recall election.
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2. 0 030--2. 04 . 050
(f) "Expenditure" means a payment, pledge or promise of
payment of money or anything of value or other obligation,
whether or not legally enforceable, for goods , materials, services
or facilities in aid of or in opposition to the nomination or
election of one or more candidates or .the qualification for the
ballot or adoption of one or more measures . The term "expendi-
ture" includes any transfer, payment, gift, loan, advance, de-
posit , pledge, contract agreement or promise of money or anything
of value or other obligation, whether or not legally enforceable,
made directly or indirectly by one committee to another committee .
(Ord. 1911, 5/74 ; Ord. 1885, 12/73)
2. 04 . 030 Residence and registered voter requirements for
elective officers . No person is eligible to hold any elective
office in the ciFy of Huntington Beach unless that person is
at the time of assuming such office a resident and a registered
voter of the city and was a resident and registered voter of the
city for not less than thirty (30 ) days prior to the time he .
filed nomination papers .
No person shall be appointed to fill a vacancy in an elective
office in the city unless that person is at the time of assuming
such office a resident and a registered voter of the city and
was a resident and registered voter of the city for not less
than thirty (30) days prior to the effective date of such. appoint-
ment .
Any elective officer of the city, whether elected or appointed,
shall at all times during his term of office be a resident and a
registered voter of the city, and if during his term of office
he moves his place of residence outside of the city limits or
ceases to be a registered voter of the city, his office shall
immediately become vacant . (Ord. 2023, 8 Jan 75; Ord. 1756, 7/72)
2. 04 . 050 Contributions--Limitations .
(a) No person other than a candidate shall make, solicit
or accept any contribution, gift , subscription, loan, advance,
deposit , pledge or promise of money or anything of value in
aid of the nomination or election of a candidate which will
cause the total amount contributed by such person with respect
to a single election in support of such candidate to exceed
Two Hundred Dollars ($200) .
(b) Campaign Contributions . No candidate, committee or
person shall accept contributions including contributions
from said candidate, as herein defined in Section 2 . 04 . 020(d) ,
for any election, in the aggregate in excess of Five Thousand
Dollars ( $5,000) . (Ord. 1911, 5/74; Ord. 1885, 12/73)
13
2. 04 . 060--2. 04.. )
2. 04 . 060 Expenditures--Limitation. No candidate shall
incur aggregate campaign expenses to further the election
or nomination of such a candidate, including expenses incurred
by persons, committees or organizations subject to the
immediate control of and working directly for the election or
nomination of such a candidate, in excess of the sum of Five
Thousand Dollars ($5, 000) . (Ord. 1885, 12/73)
2 . 04 . 070 Campaign statement--Required. Each candidate
and each committee supporting or opposing a candidate or can-
didates, shall file as a public record with the city clerk three
(3 ) cumulative, verified campaign statements containing the
information set forth in Section 2. 04. 020(a) . (Ord. 1885,
12/73 )
2. 04 . 080 Campaign statement--Filing time . Each candi-
date and each committee supporting or opposing a candidate
or candidates, shall file campaign statements according to
the following schedule:
(a) A campaign statement , the closing date of which shall
be the twenty-eighth (28th) day before the election, shall be
filed no later than the twenty-fifth (25th) day prior to the
election.
(b) A campaign statement , the closing date of which shall
be the tenth (loth) day before the election, shall be filed no
later than the seventh (7th) day prior to the election.
(c ) A campaign statement , the closing date of which shall
be the thirty-first (31st ) day after the election, shall be filed
no later than the thirty-eighth (38th) day after the election.
Notwithstanding the above, if prior to the closing date all
liabilities of the candidate or committee have been paid and no
additional contributions are expected, the campaign statement may
be filed at any time after the election with a closing date other
than the thirty-first (31st ) day following the election and not
later than the thirty-eighth (38th) day following the election.
(Ord. 1885, 12/73)
2. 04 . 090 Infraction. It is unlawful for any person to
knowingly violate or knowingly permit any other person to
violate any provision of this chapter. Any such person shall
be guilty of an infraction and shall be subject to a fine of
not more than One Hundred Dollars ($100) . (Ord. 1885, 12/73)
14
. 12. 060 .
(d) The licensee named must identify himself by his
signature whenever required to do so by the police officer
or city clerk or his authorized deputies;
(e) Whenever the licensee uses any wagon, cart, tray,
basket or other vehicle or receptacle in vending any such
goods, wares or merchandise, the license shall be carried in
a license holder attached to the vehicle or receptacle in
plain view;
(f) Every license issued under the provisions of this
section shall expire thirty days from and after the date of
Issuance and new license may thereafter be issued pursuant
to the provisions of this section;
(g) It is unlawful for any person; other than the li-
censee named, to use or have in his possession any license
issued pursuant to the provisions of this section;
(h) It is unlawful for any person to purchase or
transfer any license issued pursuant to the provisions of
this section, or for any person to transfer or convey the
certificates mentioned in Section 5 . 12 . 050 (a) above to
any other person for the purpose of securing a license as
herein provided for. (Ord: 766, 4/60; Ord. 327, 6/29)
i Chapter 5. 16
RATES
I
Sections :
5 . 16 . 010 Rates per employees .
5.16. 020 Rates per employees--Minimum license.
5 . 16. 030 Application for reclassification-=Action.
5. 16. 040 License classifications designated.
5. 16: 050 Flat rate payment code letters .
5 ..16 . 060 Advertising.
5 . 16. 070 Amusements.
5 . 16. 080' Auctioneer.
5. 16. 090 Bankrupt sale .
5. 16 . 100 Bath.
5. 16 : 110 Circus.
5. 16.120 Contractors .
5.16.130 Dancing teacher .
5. 16. 140 House moving.
5 . 16. 16o Junk collector.
5 . 16.170 Junk dealer and auto wrecking.
5 .16 . 180 Music or fine arts teacher.
5 . 16 .190 Office building.
5. 16. 200 Oil business--Nonproduction.
99
5. 16 . 010--5. 16. 0
Sections : (Continued)
5 . 16. 210 Outdoor theaters .
5. 16. 220 Pawnbroker.
5 . 16. 230 Peddler.
5. 16. 240 Public dance hall, public dance and dinner
dancing place .
5.16.250 Public utilities .
5 . 16. 260 Rooming house, apartment house, motel, bungalow
or auto court .
5. 16. 270 Skating rink.
5 . 16 . 280 Small stands and business--Temporary and
permanent .
5 . 16. 290 Solicitor or canvasser.
5 . 16 . 300 Soliciting on streets for hotels or dining rooms.
5 . 16. 310 Stockyard auction.
5. 16 . 320 Trailer parks .
5. 16. 330 Transportation, trucking and hauling--Estab-
lished place of business.
5 .16. 340 Transportation, trucking or hauling--No busi-
ness location.
5. 16 . 350 Transportation, trucking or hauling--Exceptions
from fee .
5 .16 . 360 Transportation, trucking or hauling--Dump and
tank trucks .
5 .16. 370 Truck rental or leasing..
5 . 16 . 380 Passenger vehicle rental or leasing.
5 . 16 . 390 Trailer rentals .
5 . 16. 400 Transportation--Water.
5.16. 410 vending and bulk-vending machines.
5 . 16 . 420 Water companies.
5. 16. 010 Rates per employees . The following rates shall
apply to business licenses :
First three employees . . . . . . . . . . . . . $37. 50
Next nine persons, per employee . . . . . . . 3. 75
Next forty persons, per employee . . . . . . . . . 2. 25
All other employees in excess of forty, per
employee . . . . . 1. 50
(Ord. 2022, 8 Jan 75; Ord. �1605, 9/70; Ord. 904, � 5/62; Ord .
766, 4/60)
5. 16. 020 Rates per employees--Minimum license . The
minimum license in each classification shall be 37. 50 per
year. In any case where a licensee or an applicant for a license
believes that his individual business is not assigned to a proper
classification under this chapter because of circumstances pe-
culiar to it, he may apply to the finance director for reclassi-
fication. Such application shall contain such information as the
finance director may deem necessary and require in order to
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5 .16 . 1--5 .16. 040
i
determine whether the applicant ' s individual business is properly
classified. The finance director shall then conduct an inves-
tigation, following which he shall assign the. applicant ' s in-
dividual business to .the classification shown to be 'proper on the
basis of such investigation. (Ord. 1605, 9/70; Ord. 904, 5/62;
Ord. 766, 4/60)
5.16. 030 . Application for reclassification--Action.
The finance director shall notify the applicant of the action
taken on the application for reclassification. Such notice.
shall be given by serving it personally or by depositing it in
the United States Post Office at Huntington Beach, California,
postage prepaid, addressed to the applicant at his last known
address . Such applicant may, within fifteen days after the
mailing or serving of such notice, make written request to
the city clerk for a hearing on his application for reclassi-
fication. If such request is made within the time prescribed,
the city clerk shall cause the matter to be set for hearing
before the city council within fifteen days . The city clerk
shall give the applicant at least ten days ' notice of 'the
time and place of the hearing in the manner prescribed above
for serving notice of the action taken in the application
for reclassification. The city council shall consider all
evidence and its findings thereon shall be final. Written
notice of such findings shall be served upon the applicant
in the manner prescribed above for serving notice of the action
taken on the application for reclassification. (Ord. 1605,
9/70; Ord. 904 , 5/62; Ord. 766, 4/60)
5.16. 040 License classifications designated: Every
person described in the following classifications who engages
in business within the city shall pay a license tax based
upon the average number of employees at the rates hereinafter
set forth:
(a) Classification A.
Abstractor of titles Bail bond broker
Accountant Barber shop
Accounting service Beauty shop
Advertising agent Business management
Agricultural advisor or consultant
counselor Certified public accoun-
Appraiser tant
Aquarian chirothessian Chemical engineer
Architect Chemist
Assayer Child nurseries (4
Attorney-at-law children or more)
Auctioneer Chiropodist
Auditor Chiropractor
Bacteriologist Civil engineer
101
5. 16 . 040
Claim adjuster Mechanical engineer
Construction engineer Mortician
Consulting engineer Naturopath
Dancing academy Oculist
Dealers in stocks, bonds and Optician
other securities Optometrist
Dental laboratory Oral surgeon
Dentist Orchard care
Designer Osteopath physician
Detective Physician
Detective agency Physician and surgeon
Draftsman Private home for the
Drugless practitioner aged (4 persons or more)
Electrical engineer Real estate broker
Electrologist Real estate office
Employment agency or bureau Sanitation engineer
Fine arts or music school Stocks and bonds broker
Geologist Surgeon
Herbalist Surveyor
Industrial relations consultant Taxidermist
Insurance adjuster Trade or business school
Interior decorator Tree removing
Investment counselor Tree surgery
Labor relations consultant Tree trimming
Landscape architect Veterinarian
Lapidary
and any other business of a professional nature where the prin-
cipal business activity is the furnishing of services and where
such business is not specifically listed in some other classifi-
cation or section of this chapter will be classified in the
above category.
(b) Classification B. Any person who is licensed as
a contractor or who is defined as a contractor in subsections (F) ,
(G)., or (H) of Section 5.04 .010; provided, that licenses for
contractors not maintaining a fixed place of business in the city
may, at the option of applicant for such license, be based upon
the flat rate fees prescribed in Section 5 . 16. 050.
(c ) Classification C. Any person conducting, managing,
or carrying on -a business consisting mainly of manufacturing,
packing, processing, carrying or selling at wholesale any goods,
wares, merchandise, or produce, comes under this classification.
(d ) Classification D. Any person conducting, managing
or carrying . on the business consisting mainly of selling at
retail any goods, or conducting and maintaining a recreation
park or amusement center under one general management, or
business not otherwise specifically licensed by other sections of
this chapter comes under this classification. . (Ord. 1605, 9/70;
Ord. 904 , 5/62; Ord. 838, 5/61; Ord. 766, 4/60; Ord. 327,
6/29)
102
5. . 130--5. 16.170
General engineering and/or general building con-
tractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105 . 00 A
Specialty, subcontractor, or other. . . . . . . . . . . . . . 52 .50 A.
(Ord. 1604,. 9/70 ; Ord. 904 , 5/62; Ord. 838 , 5/61)
5 .16 . 130 Dancing teacher. Every person engaged in the
profession of dancing teacher who has no regularly established
place of business where instruction in dancing is given shall
pay a fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30. 00 A.
(Ord: 1604, 9/70)
5 . 16 . 140 House moving. Every person engaged in house
moving or wrecking of buildings and/or .structures shall pay
a fee of. . . . . . . . . . . . . . . . . . . $75. 00 A.
(Ord. 1604, 9/70; Ord. 904 , 5/62 ; Ord. 766 , �4/60)
5. 16 . 160 Junk collector. (a) For every person con-
ducting, managing or carrying on the business of junk col-
lector the fee shall be. . . . . . . . . $150. 00 A,
or, at the option of the licensee. . . . . . . . . . . . . . . . . . . . 7. 50 D.
(b) For the purpose of this section, a "junk collector"
means any person, other than a junk dealer engaged in the
business of buying or selling, either at wholesale or retail ,
rags , bottles , papers , cans, metal or other articles of junk.
(Ord. 1604 , 9/70 ; Ord. 904 , 5/62 ; Ord . 766 , 4/60)
5 . 16 . 170 Junk dealer and auto wrecking. (a) For
every person conducting, managing or carrying on the busi-
ness of junk dealer or auto wrecker the fee shall be . . $150 . 00 A.
(b) For the purpose of this -section an "auto wrecker"
means and includes any person who buys any motor vehicle for
the purpose of dismantling or disassembling, or who dismantles
or disassembles any such motor vehicle whether for the pur-
pose of dealing in the parts thereof or using the same for
the purpose of reconditioning any other vehicle , or for the
purpose of selling or otherwise dealing in the materials of
such vehicle or vehicles . (Ord. 16043 9/70; Ord. 904 , 5/62 ;
Ord . 766, 4/60)
105
5. 16. 180--5. 16. 220
5. 16 . 180 Music or fine arts teacher. Every person
engaged in the profession of teaching music, dramatics ,
art, designing, dressmaking, mechanics or any other trade or
fine art who has no regularly established place of business
where such teaching is carried on shall pay a fee of. . . $37. 50 A.
(Ord. 1604, 9/70; Ord. 904 , 5/62; Ord . 766 , 4/60)
5 . 16 . 190 Office building. For every person conducting,
managing or carrying on the business of operating an. office
building , for each office therein the fee shall be. . . . . $ 3.00 A.
(Ord. 1604 , 9/70)
5 . 16 . 200 Oil business--No_nproduction. Every person
conducting, managing, carrying on or engaging in, from a
fixed place of business in the city, the business or activity
of oil well, injection well , or water-source-well drilling
or servicing operation, or refining oil or petroleum products
and producing the by-products, or marketing, selling or dis-
tributing at wholesale, oil or any petroleum products , or
by-products, or maintaining tankage or warehouse storage
facilities where oil is kept for the purpose of wholesale
distribution thereof, shall pay a license tax in accordance
with Section 5. 16 .010 . Nothing in this section shall be
deemed to apply or relate to actual oil or gas production
operations. (Ord. 1652 , 8/71)
5. 16. 210 Outdoor theaters . For every person .conduct-
ing, managing or carrying on an outdoor theater where moving
or motion pictures are exhibited the license fee shall be:
Number of Stalls Fee Per Year
First 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300 .00
All over 500 . . . . . . . . . . . . . . . . (per stall) . . . . 45 .
A separate license shall be obtained for snack bars , food
stands and other concessions . (Ord. 1604, 9/70; Ord . 904 , 5/62;
Ord . 766 , 4/60)
5. 16 . 220 Pawnbroker. For the purpose of this section
the term "pawnbroker" shall include every person conducting,
managing or carrying on the business of loaning money either
for himself or for any other person, upon any personal prop-
erty, personal security or purchasing personal property and
reselling or agreeing to resell such property to the vendor
or other assignee at prices previously agreed upon. Nothing
in this section shall be deemed to apply to the loaning of
money or personal property or personal security by any bank
authorized to do so under the laws of the state or of the
United States . The license fee shall be. . . . . . . . . .$450 .00 A.
(Ord. 1604, 9/70; Ord . 904 , 5/62; Ord . 766 , 4/60)
106
5. ,. 420--5. 16 . 430
When due and payable, the owner of the business on whose busi-
ness premises such vending or bulk-vending machine is located,
shall be jointly and severally liable to pay the full amount
of such license fee .
( c) A person having a business license in connection
with a fixed place of business in this city is exempt from
payment of license fees otherwise required by this section
on any vending or bulk-vending machine owned by such person
and located in such fixed place of business . (Ord. 1461 ,
1/69; Ord. 904 ,. 5/62; Ord . 838 , 5/61 ; Ord. 766, 4/60)
5. 16. 420 Water companies . For the maximum number of
customers at one time during the preceding calendar year the
fee per customer shall be. . . . . �
. . . . . . . . . . $ . 75.
(Ord. 1604, 9/70 ; Ord . 904 , . 5/62; Ord . 766 , 4/60)
Chapter 5. 20
AMBULANCE SERVICE
Sections :
5. 20 . 010 Definitions .
5 . 20 . 020 Certificate of need and necessity--Required.
5 . 20 .030 Certificate of need and necessity--Application.
5 . 20 .040 Certificate of need and necessity--Fees .
5 . 20 .050 License and certificate nontransferable.
5. 20 . 060 Business license required.
5. 20 . 070 Replacing vehicle .
5 .20 .080 Driver qualifications .
5. 20 . 090 Change of rates--Application and hearing.
5 . 20 . 100 change of rates--Prohibited without certificate
5. 20 . 110 Certificate of need and necessity--Revocation.
5 . 20 . 120 Certificate of need and necessity--Renewal.
5 . 20 . 130 Liability insurance .
5. 20 . 140 Certificate of need and necessity--Granting.
5. 20 . 150 Inactive certificates--Notice and hearing.
113
5. 20. 010--5. 20. 030
5 .20 .010 Definitions . ; For the purpose of this chapter,
the following terms shall have the meanings herein given to
them:
(a) "Driver" means every person in actual charge and con-
trol of any ambulance as a driver thereof.
(b) "Owner" means any and every person, whether individ-
ual or corporate , who owns or controls any private ambulance.
(c ) "Private ambulance" means every ambulance used for
the purpose of serving the public and operated by a person
other than a governmental agency. The term "ambulance" under
this definition implies a regularly produced, custom built ve-
hicle on a chassis designed. for ambulance use. (Ord. 841
5/61)
5 . 20 .020 Certificate of need and necessity--Required.
No owner shall operate any private ambulance , owned or con-
trolled by such owner in the business of transporting, at
the call of the police or fire departments of this city, ill
or injured patients , or shall in any way carry, at the call
of the police or fire departments of this city, passengers or
patients , unless such owner has previously obtained a certifi-
cate of public need and necessity to do so as provided for in
this chapter. Nothing contained in this chapter shall be
deemed expressly or impliedly to limit the city to the granting
of an exclusive certificate of public need and necessity to
any single owner, operator or operators . Nothing contained in
this chapter shall be deemed to require a certificate of pub-
lic need and necessity of any owner of any private ambulance ,
owned or controlled by such owner in the business of transport-
ing, at the call of any private physician or hospital, ill or
injured patients or passengers . (Ord. 1513, 7/69 ; Ord. 841 ,
5/61)
5. 20. 030 Certificate of need and necessity--Application.
Any owner desiring to obtain the certificate of public need
and necessity required by this chapter shall make application
therefor to the city council, by filing the same with the
city clerk. Each application shall be accompanied by a po=
licy of insurance in the amount provided for by this chapter,
as well as the certificate of public need and .necessity fee
provided for by this chapter. This application shall be in
writing and shall, among other things , set forth the . follow-
ing:
(a) The name , age, business and residence address of the
applicant, if a natural person; or if corporation, its name,
date and place of incorporation, .address of its principal
place of business , and the names of its principal officers ,
together with their respective residence addresses; or if a
partnership, association or unincorporated company, the names
of the partners, or of the persons comprising such association
or company, and the business and residence of each partner
or person; �.
114
. 8. 04. r-1--8. 04.110
as defined in Section 540 of the Health and Safety Code and
registered as provided in Section 542 thereof, but shall not
be the inspector who reported the violations or who inspected
.any corrective measures taken.
The person conducting the hearing shall make a written
order as to each alleged violation listed on the notice and
shall deliver a signed copy thereof to the permittee. As to
each violation, the order shall either:
(a) suspend the permit until it is corrected; or
(b ) extend the time or modify the measures to be taken
. for correction before suspension; or
(c ) declare that the violation has been corrected so
as to comply with the applicable law; or
(d) declare that there was no violation. (Ord. 1892,
6 Feb 74; Ord . 1254 , 9/66)
8. 04 . 090 Permit--Suspension for refusal of entry. It
shall be a violation of this chapter for any person to deny
or hinder entry by any inspector for the purpose of inspecting
any of the food-handling establishments described in Section
8. 04 . 010, or any portion thereof; and in such event the
inspector may forthwith suspend the food vending permit issued
for the establishment . (Ord. 1892, 6 Feb 74 ; Ord . 1254 , 9/66)
8. 04. 100 Permit--Summary suspension. Whenever an
inspector finds insanitary or other conditions in the operation
of any food establishment which, in his judgment, constitute
an immediate and substantial hazard to the public health, he
shall issue a written notice to the permit holder or person
in charge of the food-handling establishment stating that
the permit is immediately suspended and shall set forth the
substance of the suspension as provided in Section 8. 04. 070.
Any person to whom such an order is issued shall immediately
comply therewith; but , upon request made to the inspector who
orders the suspension, or the health officer or his authorized
representative, either personally or by telephone or in writing,
he shall be afforded a hearing as soon as possible, and notice
of its setting may be given in the same manner as the request .
(Ord. 1892, 6 Feb 74 ; Ord. 1254 , 9/66)
8. 04 . 110 Premises closure supervised. When any permit
is first suspended hereunder, or when any food-handling
establishment governed hereby as defined in Section 8. 04. 020
shall have been closed for business and left in an insanitary '
condition, the health department shall have the power to enter
to insure that the food-handling establishments are closed
down in the manner which will not endanger the public health.
If the permittee or his employee in charge cannot be found, or
. 193
8 . 04 . 120 --8. 08..
is unwilling or unable to remedy the condition of the food-
handling establishment, the owner of the food-handling estab-
lishment shall be notified of the insanitary conditions and
shall be required to take such remeuial action as may be
necessary to obviate such condition. (Ord. 1892, 6 Feb 74;
Ord. 1254, 9/66)
8 . 04 .120 Administration. The health officer may adopt
and enforce rules and regulations necessary to administer
this chapter including regulations pertaining to :
(a) forms for applications, permits and notices;
(b) forms and procedures for hearings upon the granting,
denying, suspending, revoking or reinstating of permits; and
(c ) inspections of food-handling establishments and
reporting thereon. (Ord. 1892, 6 Feb 74; Ord. 1254, 9/66)
Chapter 8. 08
LUNCH WAGONS
Sections :
3 . 08 . 010 Restricted area.
8 . 08 . 020 Prohibited near public facilities .
8 . 08 . 010 Restricted area. It is unlawful for any person
to place, keep or maintain or permit or cause to be placed
or maintained, either for himself or as an employer, employee,
tenant, landlord, agent, owner or representative, any wagon,
truck, vehicle or other structure on wheels, where there is
conducted a lunch counter, .chili wagon, restaurant or other
place where meals, lunches, sandwiches, coffee or other 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 this city. (Ord. 212, 2/21)
8 . 08 . 020 Prohibited near public facilities . It is unlawful
for any person, firm or corporation owning, driving or having
control of any wagon or vehicle used in or for carrying on the
business of peddler of fruits, buttermilk, milk, soda water, or
any other beverage, ice cream, bread, crackers , cakes, pies,
confections, sandwiches , meats or other edibles intended for use
as food for human consumption, to sell, give away, or dispose of
any articles named above to any schoolchild on any street, alley,
lane, way or public place within a radius of eight hundred (800)
Peet of any school, park, playground or city or metropolitan park
and/or operated recreation center. (Ord. 887, 2/62)
I
194
2. 010-- 8 .12 ,'020
Chapter 8 .12
FLY CONTROL
Sections :
8 . 12 . 010 Definitions.
8 . 12 . 020 Public nuisance.
8 . 12 . 030 Premises inspection--Enforcement .
8 . 12 . 040 Inspection--Refusal of entry.
8 .12 . 050 Abatement--Notice .
8 . 12 . 060 Abatement--Hearing--Findings .
8 .12. 070 Abatement--Hearing--Determination.
8 . 12. 080 Fly-control standards .
8 . 12 . 090 Abatement--Costs.
8 . 12 .100 Abatement--Other remedies .
8 . 12 . 110 Administration and enforcement .
8 . 12 . 120 Violation--Penalty.
8 . 12. 010 Definitions . The following words and phrases
whenever used in this chapter, shall be construed as defined
herein unless from the context a different meaning is intended
and more particularly directed to the use of such words and
phrases :
(a) "Commercial dairy farm" means any place or premises
on which milk is produced for sale, or other distribution, and
where more than two (2) cows or six (6) goats are in location.
(b ) "Commercial poultry ranch" means any place or premises
where poultry are maintained, raised or fed for the primary
purpose of producing eggs or meat for sale, or other distribution.
(c ) "Fly abatement board" means the administrative board
composed of five (5) members appointed by the board of supervisors
of Orange County, pursuant to Orange County Ordinance Section
42 . 012 which is designated as the fly abatement board pursuant
to this chapter.
(d) "Fly-breeding hazard" means the accumulation, existence
or maintenance of any substance, matter, material or condition
resulting in the breeding of flies in an amount or manner as may
endanger public health or safety, or which may create unreasonable
interference with the comfortable enjoyment of life and use of
property by others .
(e) "Horse stable" means any location where three (3) or
more horses are maintained for any purpose. (Ord. 1619, 12/70)
8 . 12. 020 Public nuisance. Any fly-breeding hazard in the
city is declared to constitute a public nuisance. (Ord. 1619,
12/70)
195
8. 12. 030--8.12. 0.
8 . 12. 030 Premises inspection--Enforcement . It is the
duty of the health officer of Orange County, who is designated
to enforce this chapter, upon routine inspection or whenever
he is informed or has reasonable cause to believe that any
land, building or collection of plant or animal waste, or any
substance or existing condition on any lot, farm or other land,
or on any other premises as a fly-breeding hazard, to enter,
after demand, upon such premises and to determine whether or
not there is an existing fly-breeding hazard. The county health
officer shall furnish each of his deputies and inspectors with
identification in such form as he shall prescribe . (Ord. 1619,
12/70)
8. 12. 040 Inspection--Refusal of entry. Except as to
residences and living quarters, the health officer, or his
authorized deputies or inspectors, for the purpose of routine
inspection, or whenever he shall have reasonable cause to believe
that any violation of this chapter exists upon any premises or
in any place, after displaying identification may demand entry
thereon in the daytime . Every person who owns, occupies or
otherwise is then in possession of such premises and who, after
such display and demand, refuses or willfully delays to open
the same and admit an inspection thereof shall be guilty of a
misdemeanor and subject to punishment upon conviction thereof
by a fine not exceeding Fifty Dollars ($50) or by imprisonment
in the county ,jail for over five (5) days or by both such fine
and imprisonment . (Ord. 1619, 12/70)
8 . 12 . 050 Abatement--Notice. (a) Whenever there exists
in any place within the city, a fly-breeding hazard, the county
health officer shall notify in writing, by personal service,
the record owner, his agent or person having control of posses-
sion of such place or premises , to abate such nuisance and take
corrective measures to prevent its recurrence, and to appear at
a public hearing to be held by the fly abatement board on a date
set forth in the notice. A copy of such notice shall also be
posted in a conspicuous place upon such place or premises . Such
hearing shall be set by the county health officer at least ten
(10) days after the date of such notice.
(b ) The notice shall specify what is claimed to be causing
the hazard and what must be done to abate it, and shall direct
the owner, or person in control of possession of the place or
premises , to abate the nuisance, and to perform any and all work
necessary to prevent the recurrence thereof in the places or
premises specified in the notice, prior to the time set for the
public hearing by the. fly abatement board, and shall advise
such owner or person that in lieu of such abatement, if the fly
hazard still exists at the time of such public hearing, the
196
I
8. 12. ( --8 .12. 070
county health officer will proceed to abate such nuisance, without
further notice, unless such nuisance is abated before a . date speci-
fied by the board, and the owner of such place or premises, and
the person having control or possession thereof, ,jointly and
severally shall be liable to the county for the total cost of such
work, including all administrative costs, and such costs shall
constitute a charge and lien upon such place or premises.
(c ) The notice shall be served. upon the owner of record,
or person having control or possession of the place or premises
upon which the nuisance exists, or upon the agent of either.
Notices .may be served in the same manner as a summons in a civil
action by any person authorized by the health officer of Orange
County for such purposes. (Ord. 1619, 12/70)
8 .12. 060 Abatement--Hearing--Findings . At the time fixed
for hearing by the fly abatement board, such board shall hear
and consider all relevant testimony and evidence offered by the
owner of record, or person having control or. possession of the
place or premises upon which the fly-breeding hazard is stated
in such notice to exist 'by the county health officer or his
agent , and by any other interested person. Upon the conclusion
of the hearing, the board shall make the following findings :
(a ) Whether a fly-breeding hazard exists;
(b ) What is causing the hazard specifically;-
(c ) What should be done by the owner or operator to abate
the hazard;
(d) What work, if any, should be done by the owner or
operator to prevent its recurrence;
(e ) Whether the owner or operator shall comply with any
specific regulations of the health officer; and
(f) Whether the health officer shall abate and specifically
what he may do at his option, including but not limited to
directing the owner or person having control of the premises to
abate the nuisance, provided that anything not included in the
board' s order shall not be done by the health officer. (Ord.
1619, 12/70)
8. 12. 070 Abatement--Hearing--Determination. If the board
determines that such f y-- ree ng hazard exists , it shall direct
the county health officer to abate it , without further notice,
unless the condition is abated and such work performed by the
owner or operator on or before a date to be specified by the
board. (Ord. 1619, 12/70)
197
8 . 12 . 080--8 . 12 . 12,,
8 . 12. 080 Fly-control standards . The fly abatement board,
upon recommendation of the health officer, is authorized to adopt
fly-control standards for operation and design of commercial
dairy farms, commercial poultry ranches and horse stables to
serve as guidelines in the abatement proceedings described in
Sections 8. 12 . 060 and 8. 12. 070. All such standards shall be
printed and made available to all dairymen, poultrymen and horse
stable owners or operators. (Ord. 1619, 12/70)
8 . 12 . 090 Abatement--Costs . All costs shall constitute
a charge and special assessment upon such parcel of land
incurred by the city and/or county. If such costs are not
paid within a period specifically set by the city and/or
county, they shall then be declared a special assessment against
that parcel as provided in Government Code Sections 25845 and
38773 . 5 . Such special assessment. shall be collected at the same
time and in the same manner as. ordinary county taxes are col-
lected, and shall be subject to the same penalties and the same
procedures and sale in case of delinquency as provided for
ordinary county taxes . The city shall retain the additional and
independent right to recover its costs by way of civil action
against the owner and person in possession or control, jointly or
severally . (Ord. 1619, 12/70)
8 . 12 . 100 Abatement--Other remedies . The provisions of
this chapter are to be construed as an added remedy to abate
the nuisance declared, and not in conflict with or derogation
of any other actions or proceedings or remedies otherwise pro-
vided by law. (Ord. 1619, 12/70)
8 . 12.110 Administration and enforcement . Without lim-
iting the power of city so to do, the county of Orange and all
its officers, employees and agents are authorized and empowered to
enforce and administer the provisions of this chapter within the
city. (Ord. 1619, 12/70 )
8 . 12. 120 Violation--Penalty . Any owner or person hav-
ing control of any place or premises upon which there is existing
a breeding place for flies, who refuses or neglects to abate same
or 'to take corrective measures to prevent its recurrence, in
accordance with the written notice, shall be guilty of a mis-
demeanor and subject to punishment upon conviction .thereof by a
fine not exceeding Five Hundred Dollars ($500) or one hundred
(100) days imprisonment in the county jail, or by both such fine
and imprisonment . (Ord_. 1619, 12/70)
198
i
8.16. )--8.16.040
Chapter 8.16
WEED ABATEMENT
Sections :
8 . 16 . 010 Removal--Required.
8. 16. 020 Nuisance declared.
8. 16 . 030 Removal--Notice to owner.
8 . 16 . 040 Notice-=Form--Service.
8 . 16 . 050 Delinquency--Estimate given to council.
8 . 16 . 060 Ordering of . work by city.
8 . 16 . 070 Extension of time.
8 . 16 . 080 Abatement--Costs .
8 . 16. 010 Removal--Required. All persons owning any real
property in this city are required to keep said property free
from weeds whose seeds are of a winged or downy nature and
are spread by the winds . (Ord. 84, 10/11)
8 . 16 . 020 Nuisance declared. Any such weeds on any such
real property in this city are declared to be a nuisance. (Ord.
84, 10/11 )
8. 16 . 030 Removal--Notice to owner. It shall be the duty
of the superintendent of streets to notify, in the manner here-
inafter provided, the occupants and owners of any premises in
this city to eradicate and remove, within ten (10) days from the
receipt of such notice, all weeds whose seeds are of a winged or
downy nature and are spread by the winds , from the property they
own or occupy in this city, and that upon failure to do so within
ten (10) days , this city will cause the weeds to be removed at
the expense of said owner. (Ord. 84, 10/11)
8 . 16 . 040 Notice--Form--Service . The notice to remove
weeds 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 nonresident of the city, 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 city, 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 premises, `and
serving a copy upon the owner as hereinafter provided. (Ord. 84,
10/11)
199
8. 16 . 050--8 . 16. 0
8 . 16. 050 Delin uenc --Estimate given to council . At the
expiration of ten 10days from the sending or serving of
the notice if the weeds are not removed from the property, the
superintendent of streets shall thereupon report the delin-
quency to the council with an estimate of the probable cost
of doing the work. (Ord. 84, 10/11 )
8 . 16 . 060 Ordering of work by city. The council must
then order the superintendent of streets to do the same work,
at the expense of the owner of said property, and provide for
temporary payment of the same with city funds . (_Ord. 84, 10/11)
8. 16 . 070 Extension of time. The council may, in its dis-
cretion extend the time within which the work must be done.
(Ord . 84, 10/11)
8 . 16 . 080 Abatement--Costs . All costs shall constitute
a charge and special assessment upon such parcel of land incurred
by the city and/or county. If such costs are not paid within a
period specifically set by the city and/or county, they shall
then be declared a special assessment against that parcel as
provided in Government Code Sections 25845 and 38773 . 5 . Such
special assessment shall be collected at the same time and in
the same manner as ordinary county taxes are collected, and
shall be subject to the same penalties and the same procedures
and sale in case of delinquency as provided for ordinary county
taxes . The city shall retain the additional and independent
right to recover its costs by way of civil action against the
owner and person in possession or control, jointly or severally.
(Ord. 2022, 8 Jan 75 )
200
0. 010
Chapter 8 . 20
1
REFUSE .
Sections :.
8 . 20. 010 Definitions .
8 . 20. 020 Leaving in public places .
8 . 20. 030 Occupant responsible for premises .
8. 20. 040 Accumulation prohibited.
8 . 20. 050 Storage .
8 . 20. 060 Containers--Location.
8 .20. 070 Container--Interference.
8 . 20 . 080 Container--Improper substances .
8 . 20. 090 Collection--Manner.
8 . 20. 100 Collection--Single family residence :
8 . 20. 110 Collection--Other premises .
8 . 20 . 120 Collection--Excluded refuse .
3 . 20. 130 Collection--City contract .
8. 20. 140 Transportation--Conveyance approval.
3 . 20. 150 Disposal methods .
8 . 20.160 Disposal--Certificate required when.
8 . 20 . 170 Certificate--Application--Filing.
8 . 20 . 180 Certificate--Application--Contents .
8 .20. 190 Certificate--Application--Transmitted to
departments .
8 . 20 . 200' Certificate--Granting.
8 . 20. 210 Other licenses and permits .
8 . 20. 220 Certificate--Council hearing.
8 . 20. 230 Certificate--Council action.
8 . 20. 240 Certificate--Revocation.
8 . 20 . 250 Liability insurance.
8 . 20. 260 Violation--Penalty.
8 . 20 . 010 Definitions . The following definitions shall
apply in the interpretation and enforcement of these regulations :
(a) "Basic level of service" means that level of col-
lection and disposal service necessary to collect refuse
generated by an average family in one single family resi-
dence, as specifically provided ,in any given contract between
the city and any person for collection of such refuse, or as
provided by resolution of the city council . Refuse items or
substances excluded from collection by regulation of the director
or by contract , as hereinafter provided; refuse capable thereof
which has not been placed in containers or bundles within the
weight and size limits hereinafter set forth for containers or
bundles, any unit of refuse which exceeds four feet in length or
which exceeds forty pounds in weight, and any amount of refuse
201
8 . 20. 010
in excess of that provided by such contract or such resolution
as that generated by an average family in one single family
residence, are excluded from the "basic level of service. "
(b ) "City refuse collector" means any collector either
employed by or under contract with the city to provide re-
moval, transportation, and disposition of refuse from resi-
dents. and users of premises within the city.
(c ) "Collection" means pickup, removal, transportation
or disposition of refuse, except by a person with refuse from
premises owned, occupied or used by such person, as hereinafter
provided.
I
(d) "Director" means the Huntington Beach director of
public works or his authorized representative.
(e ) "Garbage" means all putrescible solid wastes, in-
cluding but not limited to vegetable matter, animal offal and
carcassesof small animals, discarded food containers, leaves ,
cuttings, trimming from trees, shrubs and grass, excluding human
excrement and animal manure .
(f) "Nonsingle family residence" means and includes all
.locations specifically excluded from subsection (k) .
(g) "Person" means any individual, firm, governmental
unit , organization, partnership, corporation, company or other
entity .
I
(h) "Refuse" includes both garbage and rubbish.
i
(i ) "Refuse collector" means any person who picks up,
removes, transports or disposes of refuse, other than one who
does so from his own premises .
"(j ) "Rubbish" means all nonputrescible solid wastes ,
including but not limited to special handling items such as
trees , tree limbs , logs , automobile bodies, motor vehicle parts,
building materials, appliances, household goods, sod and dirt,
metal, wood and rock.
(k) "Single family residence" means and includes every
lot in the city upon which is situated one dwelling unit designed
for or used as living quarters by human beings. It shall not
include any lot upon which there is located any hotel, motel,
lodge, hall, club, tourist camp, trailer camp, church, business
or industrial establishment, or any lot containing more than one
dwelling unit or any lot upon which any commercial or industrial
activity is conducted unless such activity is conducted in a
single family residence.
202
(Pages 203 - 204 are not used. )
12. 04 , 0--12. 04 . 020
Title 12
STREETS AND SIDEWALKS
Chapters :
12. 04 Datum Plane
12.079 House Numbers
12. 12 Street Work Generally
12. 17 Repaving Streets
12.20- Utility Structures
12. 27 Warning Lights--Barricades
12. 2U Sidewalks--Maintenance
12 . 32 Sidewalks--Obstructing
12. 7 Benches
Chapter 12. 04
DATUM PLANE
Sections :
12. 04 . 010 Established.
12. . 04 . 020 Benchmark-.
12 . 04 . 010 Established. The datum plane of this city,
from which to measure and calculate the elevation for grades.
of the avenues and streets of this city, and for other purposes ,
shall be that. datum plane listed by the National Geodetic
Survey as the May 8, 1970 adjustment of the United States
Coast and Geodetic Survey Sea Level Datum of 1929. (Ord. 2022,
8 ,Tan 75; Ord . 33, 11/09)
12 . 04 . 020 Bench mark. The official bench mark of this
city is that bronze disk,_ established by the United States Coast
and Geodetic Survey - National Geodetic Survey and stamped S766
1943, located at the Huntington Beach pier on the northwest side
of such pier approximately forty-five ( 45) yards southwest of
the centerline of Pacific Coast Highway in the top of the con-
c-rete support post , at a right angle in a three (3) foot, high
guardrail , and approximately 12. 5 feet southeast of the center
of the steps leading down to the beach. (Ord. 2022, 8 Jan. 75;
Ord. 33, 11/09 )
331
12. 08 . 010--12 . 08 50
Chapter 12 . 08
HOUSE NUMBERS
Sections :
12 . 08 . 010 Prescribed.
12 . 08 . 020 Location of numbers.
12. 08 .030 Size of numerals .
12 . 08 . 040 Designation of numbers .
12 . 08 . 050 Determination of number.
12 . 08 . 060 Numbers west of railway.
12 . 08 . 070 Numbers east of railway.
12 . 08 . 080 Initial even numbers .
12 . 08 . 090 Initial odd numbers.
12. 08 .100 Progression west of railway.
12 . 08 . 110 Progression east of railway .
12 . 03 .120 Ratio of numbers to frontage .
12 . 08 . 130 Wide lots .
12 . 08 . 140 Determination of hundreds--East of railway.
12. 08 . 150 Determination of hundreds--West of railway.
12 . 08 . 160 Irregular numbers.
12 . 08 . 170 Violation--Misdemeanor.
12. 08 . 010 Prescribed. All entrances from the public
streets or highways of this city to buildings shall be numbered
as hereinafter provided and not otherwise . (Ord . 82, 8/11)
12. 08 . 020 Location of numbers . The number of each and
every entrance shall be placed upon or immediately above the
door or gate closing such entrance . (Ord. 82, 8/11)
12. 08 . 030 Size of numerals . Each figure of said numbers
shall be at least two 2 inches in height and of corresponding
width. (Ord . 82, 8/11)
12 . 08 . 040 Designation of numbers . It shall be the duty
of the department of building and community development to
designate the respective numbers for buildings in this city, on
request . (Ord. 2022, 8 Jan 75; Ord. 823, 8/11)
12 ,08 . 050 Determination of number. The location of the
doorway of the building shall determine the number to be used.
(Ord. 82, 8/11)
12. 08. 060 Numbers west- of railway. In all parts of the
city lying west of the right-of-way of the Southern Pacific
Railway Company, buildings shall be numbered as follows :
332
12. 12 LO--12 : 12 . 070
Sections : (Continued)
12.12.100 Construction work--Contractor obtains permit .
12 . 12.110 Construction work--Permit issuance..
12 . 12 .120 Construction work--Supervision and inspection.
12 . 12. 130 Construction work--Permit denial--Appeal.
12. 12. 010 Erecting utility structures--Authority . It
is unlawful for any person, without a franchise or other au-
thority from the council, to erect any telegraph, telephone,
electric light or transmission poles on any walk, street,
alley or public place in this city, or to stretch any wires
along or across said streets; or to lay any gas , oil or water
_ pipes, or other pipelines along or across any streets. in the
city . (Ord. 292, 12/26; Ord. 19, 6/09)
12 . 1.2. 020 Obstructing public way--Permit required. It
Is unlawful for any person to obstruct any street, alley,
sidewalk or public place, within. this city, by placing there-
on or therein any building, stand, counter, lunch wagon, wag-
on stand, bandstand, structure, building material, gravel,
dirt , excavation or obstruction of any kind whatsoever, with-
out a permit having first been issued therefor as hereinafter
provided. (Ord. 19, 6/09)
12 . 12 . 050 Construction work--Permit required. Any
person, firm or corporation desiring to engage in any trade or
business or to move or construct a building, make repairs or
to perform any other work by which it may become necessary
to place any such building, stand, counter, lunch wagon, wag-
on stand, bandstand, structure, building material, gravel,
dirt , excavation or other obstruction upon or in the streets ,
alleys , sidewalks or public places within this city, must
first obtain a permit from the superintendent of streets to
place any obstruction as hereinabove mentioned upon or in
said streets, alleys , sidewalks or public places . (Ord.
577, 1/52; Ord. 19, 6/09)
12. 12 . 060 Construction work--Permit--Fee . The super-
intendent of streets may issue such permit upon the payment
of the sum of Ten Dollars ($10) to the city therefor. (Ord.
2022, 8 Jan 75; Ord. 577, 1/52; Ord. 19, 6/09)
12. 12 . 070 Permit--Franchise holder. In the event the
person, firm or corporation making such application is the
owner or holder of a franchise or reservation of interest in
said street, alley, sidewalk or public place to keep or main-
tain any pipeline, telephone line, or pole system in or upon
. 335
12. 12. 080--12. 12.. J
any of the public streets, alleys , sidewalks or public places
of.' said excavation is for the purpose of connection with sewer,
water or gas pipeline by such person, then and in that event ,
the application and permit may be granted without charge .
(Ord. 577, 1/52; Ord. 19, 6/09)
12 . 12. 080 Violation--Nuisance. Any person, firm or
corporation who violates any of the provisions of this chap-
ter is guilty of a misdemeanor; and the obstruction so main-
tained shall be deemed to be a public nuisance and be treated
as such. (Ord. 19, 6/09)
12 . 12 . 090 Construction work--Licensed contractor re-
quired. No work of any kind shall be done or performed upon
any street, sidewalk, alley, curb, sewer or gutter in the
city, except it be done according to State of California Depart-
ment of Transportation specifications and city standard plans
and by a contractor licensed by the state of California to per-
form that class of work. (Ord. 2022, 8 Jan 75; Ord. 745,_ 1/60)
12 . 12. 100 Construction work--Contractor obtains permit .
Before any work mentioned in Section 12. 12. 090 may be commenced,
the contractor doing such work must obtain a permit to do such
work. (Ord. 745, 1/60)
336
I
13 . 12 . ,j10--13 . 12. 040
Chapter 13.12
PIER REGULATIONS.
Sections :
13. 12. 010 Regulation authority.
13 . 12 .020 Public use determination.
13. 12 . 030 Violation of posted notices .
13. 12. 040 Prohibited acts.
13. 12. 050 Vehicle and parking regulation.
13. 12 . 060 Delivering concessions.
13. 12 . 070 . Boat ticket sales .
13. 12. 080 Boat landings.
13. 12. 090 Private boats .
13 . 12.100 Control of boat landing.
13. 12.110 Charges for use of landing
13. 12 . 120 Tying up--Permission required.
13 . 12. 130 Tying up--Method.
13. 12 .140 Direct fueling prohibited.
13. 12. 010 Regulation authority. The director of harbors
and beaches , subject to the provisions of this chapter and
such ordinances as the council may adopt from time to time, is
given full power and authority to regulate or control the use
of the public wharf or pier at the foot of Main Street -in this
city . (Ord. 1306, 3/67; Ord. 344, 9/31)
13 . 12. 020 Public use determination. The .director shall
have power to determine what portions of said pier shall be
open t,o the public at any and all times, and also what portions
of the pier shall not be used for any specific purpose. (Ord.
1306, 3/67; Ord. 344, 9/31)'
13 .12. 030 Violation of posted notices. Upon the posting
of notices prohibiting the doing or performing of any acts
upon certain portions of said pier by the director of harbors
and beaches, it is unlawful for any person to use said portion
of the pier for the prohibited purpose or purposes . (Ord. 1306,
3/67; Ord. 344, 9/31)
13 . 12. 040 Prohibited acts . No person while upon or near
the municipal pier located at the foot of Main Street in this
city, and over the Pacific Ocean in this city ) shall do or
cause or permit to be done, any of the following acts :
(a) Overhead Casting. Cast a fishing line, either with
or without a fishing pole, by what is commonly known as over-
head casting;
365
13 . 12. 050
(b ) Negligent Casting: To cast a fishing line, lobster
trap, crab trap, any mussel hook, or any other such device in
such a manner as to create a hazard to any other person.,
either in the water adjacent to the pier or on the pier;
(c ) Extra Lines . Have more than two ( 2) fishing lines
to any one person in the water under or near the pier at one
time;
(d) Projecting Poles . Allow or permit any fishing pole
to extend inward from the rail to a distance of more than four
(4 ) feet;
(e ) Cleaning of Fish. Place, cut or clean any fish or
bait , or any other marine life upon any bench, or seat placed
upon the municipal pier or upon the floor of the pier unless
same is placed in a container;
(f) Lobster Traps . Have more than two (2) baited hoop
nets to any one person in the water under or near the pier at
any one time. Said traps shall be attended by a person at all
times . Attendance is to be within five hundred (500) feet of
the traps at all times ;
(g) Tampering with Lifesaving Equipment . Remove, use or
tamper with lifesaving equipment upon said pier, provided
therefor for public use, except in time of emergency. (Ord.
554, 11/49; Ord. 344 , 9/31 )
13 . 12. 050 Vehicle and parking regulation. Pursuant to
Section 13. 0 .2 0 in this chapter, the following shall apply:
(a) Speed Limit . No person shall drive any motor vehicle
upon said pier in excess of five (5) miles per hour.
(b ) Heavy Vehicles . No person shall drive or permit to
be driven any vehicle of any kind or character whatsoever, upon
the pier of a gross weight in excess of twenty thousand (20,000 )
pounds .
(c ) Skate Boards Prohibited. No person shall possess
any skate board or any similar type vehicle upon the municipal
pier at any time.
(d) Parking. No vehicle shall be permitted to park on
the pier except for the express purpose of loading or unloading
supplies , unless he possesses a written permit from the director
of harbors and beaches allowing him to do so. No vehicle
parked upon the pier shall be left unattended at any time .
366
13. 12 )0--13. 12.100
(e) Unauthorized Vehicles Prohibited. No person shall
operate any automobile. motorcycle, truck, or any other motor
driven vehicle or conveyance upon the city pier without the
express written consent of the director of the department of
harbors and beaches .
(f) Bicycles Prohibited. No person shall ride or possess
any bicycle or any similar type vehicle upon the municipal pier
at any time. (Ord. 2022, .8 Jan 75; Ord. 1743, 4/72; Ord.
1306, 3/67)
13. 12. 060 Delivering concessions . Vendors or their
agents shall not make deliveries by vehicles to concessionaires
on the pier except between the hours of six a.m. and eleven
a.m. during the dates of June 15th to September 15th. Such
time limit shall not be in effect during the remainder of the
year. (Ord. 1399, 3/68)
1.3 . 12. 070 Boat ticket sales . No person shall sell or
offer for sale any tic lets for transportation upon any boat
of any kind whatsoever upon said pier, except from the space
in one ' of the buildings located upon said pier. (Ord. 3443,
9/31 )
13. 12. 080 Boat landings. No person in charge of any
boat or other craft shall permit , cause or allow such boat
or other craft to stand or remain at any boat landing upon
the pier for a longer period than fifteen (15 ) minutes at any
one time . (Ord. 344, 9/31)
13. 12. 090 Private boats. Nothing contained in this
chapter shall be construed to prevent the embarking or dis-
embarking of passengers from privately owned or operated
boats and other craft, when the same are not in any commer-
cial business , but are operated by the owners thereof with-
out profit , for their own pleasure and amusement, and with-
out charging or receiving any compensation from persons or
passengers riding upon said boats or other craft . During
emergency operations no vessel shall use any boat landing
upon the pier until the emergency operations are concluded.
(Ord. 1743, 4/72; Ord. 344, 9/31)
13. 12.100 Control of boat landing. The boat landing
upon the pier shall be under the exclusive charge and con-
trol of the director of harbors and beaches and shall not
be raised or lowered by any other person, unless by written
consent of the director of harbors and beaches . (Ord. 1306,
3/67; Ord. 344, 9/31)
367
13. 12. 110--13. 16._ _0
13 . 12 . 110 Charges for use of landing. Such charges
shall be made for the use of said landing upon the pier as
may from time to time be fixed by the city council. (Ord.
344, 9/31)
13 . 12.120 Tying up--Permission required. No person
having charge of any vessel shall make the same fast to a
wharf, dock, seawall or the front of any pier without the
consent of the owner, agent or person in charge of such
wharf, dock, seawall or pier. No person shall make fast
any vessel to any other vessel already occupying any wharf,
dock, seawall or the front of any pier either public or
private. No vessel shall be allowed to extend beyond the pier-
head line into the public right-of-way. (Ord. 1430, 9/68 )
13. 12. 130 Tying up--Method. Every vessel lying at
any pier shall be fastened thereto from bow and stern with
such lines and in such manner as to assure the security of
the vessel . (Ord. 1430, 9/68)
13. 12.140 Direct fueling prohibited. No person shall
fuel any vessel secured to or adjacent to a wharf, dock, sea-
wall or any pier with any petroleum product directly from a
tank wagon or truck. (Ord. 1430, 9/68 )
Chapter 13. 16
BEACH PARKING LOTS
Sections :
13. 16. 010 Regulations .
13. 16. 020 Parking fee payment .
13 .16 . 030 Enforcement .
13. 16. 010 Regulations . The following regulations will
apply to parking in any of the city-owned beach parking lots :
(a) Parking is allowed within designated spaces only.
(b ) Parking lot hours shall be five a.m. to twelve
midnight .
(c ) There shall be no overnight parking.
(d) Any deviation from this section will be by permission
of the director of harbors and beaches .
368
13. 16 ,20--13 . 16. 030
(e ) No loitering or obstructing of flow of traffic will
be allowed in the parking lot by any person or persons .
(f) No vehicle shall obstruct any entrance in the
parking lot .
(g) No trailers or similar vehicles will be allowed in
the parking lot, from June 15th to September 15th of each year.
(h) Fees for parking shall be established by resolution
of the city council .
(i) Any vehicle leaving the parking lot and returning
will be required to pay on reentering.
(j ) Number of parking permits per concession owner will
be determined by the director of harbors and beaches .
(k) No house trailer or similar vehicle is permitted in
any beach parking lot on Saturdays, Sundays or holidays except
as provided for elsewhere in this Code.
(1 ) Parking of motor vehicles in the parking lot located
on the east side of the pier adjacent to the Fisherman Restaurant
shall be reserved for patrons of said Fisherman Restaurant .
(m) The director of harbors and beaches shall have the
authority to designate reserved parking areas in city-owned
beach parking lots .
(n) No unauthorized vehicle shall park in a reserved
parking area where signs are posted giving notice of such
reserved parking. (Ord. 1933, 8/74; Ord. 1743, 4/72; Ord.
1404 ) 4/68; Ord. 1328, 7/67; Ord. 1306, 3/67 )
13 . 16 . 020 Parking fee payment . No person shall cause
any vehicle to enter a city-owned or operated beach parking
lot without paying the established fee . Any violation of this
chapter is an infraction and punishable by a fine not to exceed
One Hundred Dollars ($100) . (Ord. 1933, 8/74; Ord. 1671, 1971;
Ord. 1306, 3/67 )
13. 16 . 030 Enforcement . In addition to city of Huntington
Beach police officers, sworn city personnel designated by the
city to be in charge of any city-owned beach parking lot are
authorized to enforce beach parking regulations . (Ord . 1933,
8/74 )
368-1
14 .08 , .50--14.08. 060
(a) Where there exists a dwelling on the rear of a lot,
in front of which is another dwelling, one service may be
provided for such premises . The cost of such water meter
installation and service shall be paid by the owner or party
receiving service.
(b ) Where two or more buildings owned by the same person
are built upon the lot , said buildings may be served by one
service pipe and one meter if approved by the water superin-
tendent . (Ord. 6.74, 11/57)
14 . 08 . 050 Property separation. Whenever one service pipe
and meter has been serving more than one occupancy on the same
parcel of property owned by one owner, and the property owner-
ship is severed, the water superintendent may in his discretion
require separate service pipe and meter for each occupancy.
(Ord. 674 , 11/57)
14 . 08 . 060 Interfering with pipes . No person. shall, without
the permission o the water superintendent, or his duly appointed
agents or employees , remove, change, disturb, or in any way
tamper with or interfere with any of the facilities , apparatus,
appliances or property used or maintained for. the production,
storage or supply of water by the city to consumers thereof;
nor shall any person without the permission of the water super-
intendent install any pipe, apparatus, appliance or connection
to any part of the system of water works in the city. (Ord. 674,
11/57 )
Chapter 14 .12
FEES, RATES AND DEPOSITS
:Sections :
14 . 12. 010 Service fee.
14 .12 .020 Installation and meter fees .
14 .12. 030 Installation by applicant .
14 .12 . 040 Water rates--Designated.
14 . 12. 050 Water rates--Construction purposes .
14 . 12. 060 Water rates--Other uses .
14 .12. 070 Private fire service rates .
14 .12. 080 Commodity adjustment clause .
14 . 12. 090 Water service--Applications.
14 .12 .100 Water service--Turn on charges .
14 . 12. 110 Water rates--Turn on.
14 .12 .120 Water rates--Date due.
14 .12 .130 Vacating premises .
14 . 12 . 140 Change of address .
14 . 12.150 Renewing service.
14 . 12. 160 Adjustment of rates .
14 . 12 . 170 Water fund.
391
14 .12. 010--14. 12. ..�0
14 .12 . 010 Service fee. The water department, as a condi-
tion to granting the application and furnishing water service
to the premises , is authorized to charge and shall collect in
advance the following sums for the purpose of reimbursing the
city for the cost of the system and future replacements and
extensions thereof:
(a) The sum of Thirty Dollars ($30) for each dwelling
unit on parcels containing less than ten thousand (10,000) square
feet .
A "dwelling unit" shall be each residential quarter in
hotels , apartments and motels, and each trailer space providing
permanent facilities in trailer parks .
(b ) For any parcel containing ten thousand (10,000 ) square
feet of area or more, One Hundred Fifty Dollars . ($150) per acre
or each fraction thereof, or Thirty Dollars ($30) per dwelling
unit , whichever is greater.
A "dwelling unit" shall be any unit defined in subsection
(a) above. The charge of One Hundred Fifty Dollars ($150 ) per
acre shall apply to all commercial and manufacturing -develop-
ments, and those portions of trailer parks which accommodate
overnight parking.
(c ) Those areas served by a water main constructed and
charged as determined by another ordinance or executed agreement
may be exempt from the dwelling unit charge in subsection (a) if
said other ordinance or agreement charge is greater than the
charge per subsection (a) .
(d) All necessary service fees established by the city
shall be deposited with the city prior to approval of .the final
subdivision map or issuance of a building permit if a subdivision
map is not required. (Ord. 2022, 8 Jan 75; Ord. 1100, 11/64;
Ord . 1001, 9/63; Ord. 723, 5/59; Ord. 674, 11/57)
14 .12. 020 Installation and meter fees . In addition to
the fee set forth in Section 14 . 12. 010(a) , the water department
shall charge and collect, in advance, the following amount for
the installation of water connections and meters : a sum equal
to the actual cost of labor and material in laying such service
line, including the cost of the meters , the cost. of replacing
pavement , plus fifteen (15 ) percent for overhead. The cost
of such installation shall be estimated by the water department,
and such estimated cost shall be paid by the applicant to the
water department before the work of connecting the main with the
property is commenced. Whenever the estimated cost is not
sufficient to cover the total expense for labor, material,
meters and overhead, the deficit shall be charged to the property
for which such installation was made and paid by the owner there-
of. Any excess payment shall be returned to the person applying
for installation. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57)
392
. 24 . 010
subdivision. The deed to the city shall be executed before
any such application shall be approved by the superintendent .
However, where water wells and equipment, as described above,
are used to supply water to additional land not subdivided,
the city may allow such wells and equipment to continue to
supply such unsubdivided portion until such time as such parcel
is subdivided into four or more parcels of land containing five
(5 ) acres or less. (Ord. 674, 11/57)
Chapter 14 . 24
WATER POLLUTION
Sections :
14 . 24 . 010 Enforcement and administration.
111 . 24 . 020 Definitions.
14 . 24 . 030 Prohibited deposits.
14 . 24 . 035 Storm drain and sewer use.
14 . 24 . 037 Swimming pool waste water disposal.
14 . 24 . 040 Industrial waste disposal--Permit--Required.
14 . 24 . 050 Industrial waste disposal--Permit--Application.
14 . 24 . 060 Industrial waste disposal--Permit--Decision.
14 .24 . 070 Industrial waste disposal--Issuance.
14 . 24 . 080 Industrial waste disposal--Limitations.
14 . 24 . 090 Industrial waste disposal--Acts prohibited.
14 . 24 . 100 Industrial waste disposal--Permit--Term.
14 . 24 . 110 Industrial waste disposal--Permit--Transfer.
14 . 24 .120 Compliance tests and inspections .
14 . 24 . 130 Cooperation by other departments .
14 . 24 . 140 Enforcement .
14 . 24 . 150 Notice of violation.
14 . 24 . 160 Continued violation--Activity cessation.
14 . 24 . 170 Permit--Suspension.
14 , 24 .180 Permit--Revocation.
14 .24 . 190 Permit--Revocation--Proceedings .
14 . 24 .200 Permit--Revocation--Hearing.
14 . 24 . 210 Hearing--Requests .
14 . 24.220 Hearing--Notice.
14 .24.230 Hearing--Appearances.
14 . 24 .240 Hearing--Decision.
14 . 24 . 01.0 Enforcement and administration. The county
of Orange and all of its officers, employees and agents are
authorized and empowered to enforce and administer the pro-
visions of this chapter within the city of Huntington Beach,
California. (Ord. 1593, 8/70)
405
14 . 24 . 020--14 . 24 . 30
14 . 24 . 020 Definitions . As used in this chapter, unless
the context otherwise requires :
(a) "Department" means any department of the city or
the county of Orange.
(b ) "Director" means the duly appointed administrator
appointed by the board of supervisors of the county of Orange .
(c ) "Industrial waste" means any and all liquid or solid
waste substance not sewage from any producing, manufacturing
or processing operation of whatever nature. It shall include
sewage mixed with "industrial waste" ; however, it shall not
include domestic sewage from residences , business buildings
and institutions containing only waste from waterclosets,
wash water, baths and kitchens .
(d) "Pollution of underground or surface waters" means
any condition resulting from the depositing or discharging
of industrial waste which impairs or contributes to the
impairment of the usefulness of waters for human or animal
consumption or domestic, agricultural, industrial or recrea-
tional purposes , or any other useful purposes.
(e ) "Public agency" means and includes the United States
or any department or agency thereof, the state or any depart-
ment or agency thereof, county, city, public corporation,
municipal corporation or public district .
(f) "Public sewer" means the main line sewer, publicly
owned or maintained, constructed in a street, highway, alley,
place or right-of-way dedicated to public use .
(g) "Sewage" means any waste, liquid or otherwise,
associated with human occupancy of buildings including sewage
effluent and water contaminated with offal, filth and feculent
matter.
(h) "Underground or surface water" means any surface
or subterranean stream, watercourse, lake or other body of
water, and shall include water wells and any underground or
surface storage reservoir, whether natural or artificial.
(Ord. 1593, 8/70 )
14 . 24. 030' Prohibited deposits. No person shall discharge
or deposit or cause or suffer to be discharged or deposited
from any source any industrial waste in a manner which will
or may cause or result in the pollution of any underground
or surface waters . (Ord. 1593, 8/70)
406
14. 2•. J35--14 . 24 . 040
14 . 211 . 035 Storm drain and sewer use. No person, firm
or corporation shall discharge or cause to be discharged any
sewage; waters, vapors or industrial wastes that have any one
Of the following characteristics :
(a) Any gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid or gas ;
(b ) Any ashes, cinders , sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastic, wood, paunch manure, or
any other solid or viscous substance capable of causing obstruc-
tion to the flow in sewers or other interference with the proper
operation of the sewage or storm drain works;
(c ) Any industrial wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with
any sewage treatment process, constitute a hazard to humans
or animals, or create any hazard in the receiving waters of
the sewage treatment plant ;
(d) Any noxious or malodorous gas or substance capable of
creating a public nuisance;
(e ) Any liquid or vapor having a temperature higher than
eighty-five degrees (850 ) Fahrenheit unless properly treated
for scale inhibition;
(f) Any industrial wastes which may contain more than
two hundred (200-) parts per million, by weight , of fat , oil or
grease. (Ord. 1320, 6/67; Ord . 1253, 4/66)
14 . 24 . 037 Swimming pool waste water disposal . Swimming
pool waste water may be discharged to a storm drain or to a
public sanitary house sewer by means of an approved temporary
sanitary connection from the pool to the storm drain, building
drain or house sewer. No person shall permit or allow swimming
pool waste water to be discharged into an ogen gutter or to
flow across public property. (Ord. 2022, Jan 7.5)
14 . 24 . 040 Industrial waste disposal--Permit--Required.
No person shall discharge or deposit or cause or suffer to be
deposited or discharged any industrial waste into or upon any
area in the city, or into any underground or surface waters
in the city where such industrial waste is or may be deposited
upon or may be carried through or over any area of the city or
county of Orange except in conformity with the provisions of this
chapter, and unless he shall have first secured, in the. manner
hereinafter provided, a permit so to do from the director; pro-
406-1
1
14 . 24 . 050
vided, however, a permit shall not be required for the dis-
charge of industrial waste into a public sewer with an ocean
outfall . (Ord. 1593, 8/70)
14 . 24 . 050 Industrial waste disposal--Permit--Applica-
tion. Applications for permits required hereunder shall be
filed with the director upon printed forms to be prescribed
and supplied by him. The director may require any additional
information, including plans and specifications which he may
deem necessary for the proper disposition of the application.
(Ord. 1593 , 8/70)
4o6-2
r
14 . 2-..060--14.24.100
I
14 . 24.060 Industrial waste disposal--Permit--Decision.
Within thirty days after the receipt of all of the information
requested of an applicant, the director shall either grant
or deny the permit and shall immediately notify the applicant
by first class mail of the action taken. (Ord. 1593, 8/70)
14 . 2.4 . 070 Industrial waste disposal--Permit--Issuance.
The director shall issue a permit for industrial waste
disposal if he determines that:
(A) The material to be discharged or deposited in the
manner proposed will not cause or result in the pollution of
any underground or surface waters, as herein prohibited; and
(B) Under existing circumstances and conditions it is
reasonable and necessary to dispose of the waste in the manner
proposed. (Ord. 1593 , 8/70)
14 . 24 .080 Industrial waste disposal--Limitations .
The director. may incorporate in any permit issued pursuant
to this chapter, such limitations or conditions as may be
reasonably necessary to effectuate the purpose of this chapter
and may from time to time, review the limitations or conditions
which have been incorporated in any permit theretofore issued,
giving consideration to changed conditions, and may, whenever
in his judgment it is advisable or required in order to
maintain the waters of the city and county free from pollution,
alter, revise, modify, delete or add further limitations or
conditions applicable to any permit theretofore issued. No
such alteration, revision, modification, deletion or addition
of limitations or conditions shall be effective, however, until
notice in writing thereof shall have been served upon the
permittee in the manner provided by Section 14 . 24 . 150.
(Ord. 1593 , 8/70)
14 . 24 . 090 Industrial waste disposal--Acts prohibited.
A permit issued under this chapter does not authorize any
act or acts forbidden by any law, rule, regulation or order
of any public agency or department and such fact shall be so
stated on the face of all permits issued. (Ord. 1593 , 8/70)
14 . 24 . 100 Industrial waste disposal--Permit--Term. A
permit for the disposal of industrial waste shall be valid
until suspended or revoked in the manner hereinafter provided.
(Ord. 1593 , 8/70)
407
14. 24 . 110--14. 24. 150.
14 . 24 .110 Industrial waste disposal--Permit--Transfer.
The director may transfer a permit to the successor in
interest of a permittee upon the filing by the successor in
interest of a written application therefor, together with
such evidence of . transfer of title or interest as the director
may require; provided, however, a permit shall not be
transferable from one location to another. The director shall
immediately notify by first class mail, the person requesting
a transfer of a permit of the action taken. (Ord. 1593
14 . 24 .120 Compliance tests and inspections . For the
purpose of securing compliance with this c apter, the director
shall make periodic tests of samples of industrial waste
obtained from the place or places of discharge or deposit,
and such other tests deemed necessary for proper administration
hereof. For the purpose of making such tests or inspections,
the director or his duly authorized deputies or agents shall
be permitted at all reasonable hours to enter any permises
or place where industrial waste is being or is proposed to
be discharged or deposited, or where there may be a violation
of this chapter. (Ord. 1593, 8/70) -
14 . 24 . 130 Cooperation by other departments . In carrying
out the duties imposed upon him, the director may request
and receive the aid of any other city or county department.
(Ord. 1593, 8/70)
14 . 24 .140 Enforcement . The director shall enforce this
chapter and shall , -upon his own initiative or may upon the
complaint of any person, investigate any violation of this
chapter, or of any permit issued hereunder. For such purpose,
he shall have the powers of a peace officer. (Ord. 15933, 8/70)
14 . 24 .150 Notice of violation. Whenever the director
finds that any person is 'acting in violation of any provision
of this chapter or of any permit issued hereunder, he shall serve
upon the person causing or suffering such violation to be
committed, including the permittee, if a permit has been issued,
a notice of violation. The notice shall state the act or acts
constituting the violation and shall direct notice as the
director may deem reasonable. Unless otherwise expressly
provided, any notice under this chapter required to be given
by the board of supervisors or the director shall be in writing
and may be served either in the manner provided in the Code of
Civil Procedure for the service of process or by registered mail .
When service is by registered mail, the notice shall be sent
to the last address given to the director. (Ord. 1593, 8/70)
408
• 15. 2-, . 090--15 .24.130
in the city shall maintain or allow to exist in connection
therewith any moving parts of operating machinery in use
or intended to be used at such oil well site, including all
drilling or production equipment , unless such machinery and
moving parts, is entirely enclosed by a minimum six (6) foot
high decorative masonry wall with a gate for access, except
that upon filing an application to the commission for admin-
istrative action, the commission may approve the use of
substitute materials which, for safety reasons, shall be at
least as secure as a chain link fence. The commission may
condition such approval. (Ord. 1653, 11/71; Ord. 1203,
5/66 )
15. 24 . 090 Wall and gates--Time of compliance . Not later
than December 1, 197 , the operator of the oil operation site
shall construct a minimum six (6) foot high decorative masonry
wall with a gate for access , said wall to be constructed en-
tirely around said oil operation site, except that upon filing
an application to the planning commission for administrative
action, the commission may approve the use of substitute mater-
ials which, for safety reasons, shall be at least as secure as a
chain link fence. The commission may condition such approval.
(Ord. 2022, 8 Jan 75; Ord. 1653, 11/71; Ord. 1203, 5/66)
15 , 24 .100 Locked gates required. The gates to any oil
operation site shall be locked with a padlock at all times
during which the oil operation site is unattended. . (Ord.
1653, 11/71; Ord. 1203, 5/66)
15 . 24 . 110 Access to site. There shall be no more than
one point of access to any oil operation site for each street
upon which the site may front unless an additional access
point is approved by the board of zoning adjustments upon
application for administrative review. (Ord. 1653, 11/71 )
15 , 24 . 120 Landscaping required. Not later than Decem-
ber 1, 1976, all front setbacks and exterior side yards setbacks
of areas which are created by the placement of a wall required
by Section 15 . 24 .080 shall be landscaped and permanently main-
tained. All landscaping provided pursuant to this section shall
be approved by the board of zoning adjustments . (Ord. 2022,
8 Jan 75; Ord. 1653, 11/71)
15 . 24 . 130 Automatic sprinklers . Not later than Decem-
ber 1, 1976, all landscaping installed on any oil operation
site shall be maintained by an automatic sprinkler system or
other adequate irrigation system as approved by the board of
zoning adjustments upon application for administrative review.
(Ord. 2022, 8 Jan 75; Ord. 1653, 11/71 )
453
15 .24. 140--15.24 . io0
15. 24. 140 Buried pipelines . No person or persons shall
lay or maintain any pipeline whatsoever leading from any
operation site that is not entirely buried beneath the
ground surface . (Ord. 1653, 11/71)
15. 24. 150 Exceptions . The requirements of Sections
15.24 .090, 15 .2 . 120, 15 .24 . 130 and 15 .24 .140 are subject to
the following:
(a) The board .of zoning adjustments , upon application
for administrative review filed by the oil operator, may
extend the time referred to above for a period not to exceed
one (1 ) year upon approval of such application. The department
of oil field control shall submit a written report and rec-
ommendation to the board prior to the board' s action upon
such application. No approval shall be given unless the
board finds that the extension of time for conformance of
the oil operation site with any one or more of the above re-
ferred to sections shall not cause the oil operation site to
be incompatible with the surrounding area for the period of
such extension. Such application may be conditionally approved
and the time for conformance may be extended for an additional
one (1 ) year period provided requests for each such extension
are received before determination of the preceding one (1) year
period. Each such extension may be conditional.
(b ) The board of zoning adjustments , upon application
for a use permit filed by the oil operator, may extend the
above period for conformance of any one or more of said sec-
tions for a period of two (2) or more years upon finding that
such extensions of time with respect to any one or more of
such sections shall not make the oil operation site incompat-
ible with surrounding areas for the period of such extension.
The board may condition such use permit . . (Ord. 1653, 11/71)
15. 24 . 160 Failure to comply. Failure to comply with
the time period set out above in Sections 15.24 .090, 15 . 24 . 120,
15. 24 . 130 and 15 .24. 140 shall result in a public nuisance
upon the oil operation site whereon such failure occurs, and
may be abated as such by appropriate civil or criminal action.
(Ord. 1653, 11/71)
I
Chapter 15.28
WASTE WATER SYSTEM
Sections :
15 . 28 .010 Sewer connection permit.
454
06,C4C
�-� Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2. 04 Eligibility of Candidates
279 Administrative Officer
2. 12 City Clerk
2. 1 City Treasurer
2 . 20 City Attorney
2 . 27 Police Chief
2. 27 City Council
2. 32 Building and Community Development Department
2.37 Environmental Resources Department
2. 36 Finance Department
0 Fire Department
2.77 Harbors and Beaches Department
22.. $ Planning Department
2. 52 Police Department
2 . 56 Public Works Department
2. 60 Recreation and Parks Department
2.7 Recreation and Parks Commission
2. 6$ Street Department
2. 72 Personnel System
2. 77 Competitive Service Regulations
2.$0 Redevelopment Agency
2.77 Public Library--General Provisions
2. 88 Library Board
T. 22 Public Library--Fiscal Matters
7 Disposition of Unclaimed Property
• Chapter 2. 04
ELIGIBILITY OF CANDIDATES.
Sections :
2. 04 . 010 Purpose .and intent .
2. 04. 020 Definitions .
2 . 04 . 030 Residence requirements for elective and appointive
officers.
2. 04. 040 Registered voter requirement .
2. 04 . 050 Contributions--Limitations
2. 04 . 060 Expenditures--Limitation.
2. 04. 070 Campaign statement--Required.
2. 04 . 080 Campaign statement--Filing time.
2 . 04 . 090 Infraction.
9 `
2. 04 . 010--2. 04 _'0
2 . 04 . 010 Purpose and intent . It is the purpose and
intent of the city council, in enacting the ordinance codified
in this chapter, to place realistic and enforceable limits on
the amount individuals may contribute to political campaigns
in municipal elections, to limit the amount which a candidate
can expend on his campaign to be elected to municipal office
to prevent the exercise by campaign contributors of potential
undue or improper influence over elected officials, and to
insure against a candidate being elected to office based
primarily on the amount he expended on his campaign. The
city council finds that municipal elections are historically
municipal affairs and consequently the city of Huntington
Beach, a charter city, is not preempted by general state laws
from regulating contributions and expenditures in local elec-
tions . (Ord. 1885, 12/73 ) .
2. 04 . 020 Definitions Whenever in this chapter the
following words and phrases are used, they shall mean:
(a) "Campaign statement" means an itemized report signed
under penalty of .perjury which is prepared_.on a form prescribed
by the city clerk, and which provides the following information:
(1) Under the heading "receipts," the total amount
of contributions and loans received, and under the heading
"expenditures," the total amount of expenditures made during
the period covered by the campaign statement, and the cumula-
tive amounts of loans , contributions received and expenditures p
made with respect to a municipal election;
(2) The balance of cash and cash equivalents on hand
at the beginning and at the end of the period .covered by the
campaign statement;
(3) The total amount of contributions received during
the period covered .by the .campaign statement for persons who
have given less than One Hundred Dollars ($100 ) and the total
amount of contributions received in a 'period covered by the
campaign statement for persons who have given One Hundred
Dollars ($100 ) or more.;
( 4) The total amount of expenditures disbursed
during the period covered by the campaign statement to persons
who have received less than One Hundred Dollars ($100 ) and the
total amount of the expenditures disbursed during the period
covered by the campaign statement to persons who have received
One Hundred Dollars ($100 ) or more;
(5) The full name and city, state, occupation and
the name of his or her employer, if any, or the principal place
of business if he or she is self-employed, of each person from
whom a contribution or contributions totaling One Hundred Dollars
($100 ) or more has been received, together with the amount
contributed by each such person and the cumulative amount con-
tributed by each such person, provided, that in the case of
committees which are listed as contributors, the campaign
10
2. 04. 020
statement shall also contain the number assigned to the
committee by the Secretary of State or if no such number has
been assigned, the name and street address of the treasurer
of the committee;
(6) The full name and city and state of each
person to whom an expenditure or expenditures totaling One
Hundred Dollars ($100) or more has .been made, together-with
the amount of each separate expenditure to each such person
during the period covered by the campaign statement and the
cumulative amount paid to each such person; a brief descrip-
tion of the. purpose for which the expenditure was made; the
full name and city and state of the person providing the
consideration for which" any expenditure was made if different
from the payee.; and in the case of committees which are listed,
the number assigned to each such committee by the Secretary
of State or if no such number has been assigned, the full
name and city and state of the treasurer of the. committ.ee;
(7) In the case of a committee supporting or
opposing. more than one candidate or measure, the total amount
of expenditures for or against such candidate 'or measure during
the period covered by the campaign statement and the cumula-
tine total amount of expenditures for or against each candidate
or. measure;
(8) The full name, residential and business addresses
and telephone numbers of the person filing the campaign state-
ment and, in the case of a campaign statement filed by a com-
mittee, the name of the committee and the committee' s street
address and telephone number;
In a campaign statement filed by a candidate, the full.
name and street address of any committee of which he has
knowledge which has received contributions or made expenditures
on behalf of his candidacy, along with the full name, street
address and telephone number of the treasurer of such committee;
(9 ) Loans of money , property or other things made
to a candidate or committee during the period covered by the
campaign statement, shall be reported separately in the state-
ment, with the following information:
(i) The total value of all loans received
during the period covered by the campaign statement,
(ii ) For loans of One Hundred Dollars ($100 ) or
more in value, the full name, city and county, and state of
each lender, cosigner and guarantor, the date of the loan, the
amount or value of the loan, the interest rate and the amount
of loan remaining unpaid,
(iii ) The cumulative total value of all loans
received, and
(iv) The total amount of loans remaining unpaid.
Loans shall be reported even though received and
repaid during the period covered by the campaign statement. If a
11
2 . 04. 020
Than has been forgiven or paid by a third person, it shall
be reported. The amount of the loan which has been forgiven
or paid by a third person shall be subtracted from the cumula-
tive total under this section;
(10) Where the amount of goods, services , facilities.
or anything of value other than money is required to be
reported, the amount shall be the estimated fair market value '
thereof at the time received or expended, and a description
of the goods, services or facilities shall be appended to
the campaign statement.
(b ) "Candidate" shall mean any individual listed on
the ballot for nomination or election to any city office
or who otherwise has taken affirmative action to seek nomina-
tion or election to public office .
(c ) "Committee" means any person or combination of two
(2 ) or more persons acting jointly in behalf of or in Opposi-
tion to a candidate or to the qualifications for the ballot
or adoption of one or more measures .
(d) "Contribution" means a gift, subscription, loan,
advance, deposit, pledge, contract, agreement or promise of
money or anything of value or other obligation, whether or
not legally enforceable, made directly or indirectly in aid
of or in opposition to the nomination or election of one or
more candidates or the qualification for the ballot .or voter
approval of one or more measures . The term "contribution"
includes the purchase of tickets for events such as dinners ,-
luncheons, rallies and similar fund raising events; a candi-
date ' s own money or property used on behalf of his candidacy;
the granting to a candidate or committee of discounts or
rebates not available to the general public; and payments for
the services of. any person serving in behalf of a candidate
or committee, when such payments are not made from contribu-'
tions the candidate or committee otherwise must report under
the terms of this chapter. The term "contribution" shall not
include a gift of service or labor when volunteered by the
person performing the service or labor, but shall include a
gift of service or labor paid for by a person other than the
person performing the service or labor. The term "contribution"
shall not include the cost of an event held in honor or behalf
of a candidate or committee when the total cost of the event
amounts to no more than Two Hundred Dollars ($200) and when
the event is not held for the purpose of obtaining contribu-
tions to the candidate or committee.
(e ) "Election" means any primary, general or special
municipal election held in the . city, including an initiative,
referendum or recall election.
(f) "Expenditure" means a payment , pledge or promise of
payment of money or anything of value or other obligation,
whether or not legally enforceable, for goods, materials,
services or facilities in aid of or in opposition to the
nomination or election of one or more candidates or the
12
2. ' 030--2 . 04. 060
qualification for the ballot or adoption of one or more
.measures . The term "expenditure" includes any transfer,
payment, gift, loan, advance, deposit , pledge., contract
agreement or promise of money or anything of value or other
obligation, whether or not legally enforceable, made directly
or indirectly by one committee .to another committee . (Ord.
1911, 5/74; Ord. 1885, 12/73 ) .
2. 04. 030 Residence requirements for elective and
appointive officers . In the event any court of competent
Jurisdiction holds invalid or inapplicable any provision of
the City Charter of Huntington Beach affecting the residence
requirements as to any elective or appointive office of the
city, then no person shall be eligible to hold any such
elective or appointive. office unless he is and shall have been
a resident of the city for at least one complete year next
preceding the date of his election or appointment . (Ord. 1756,
7/72 ) .
2. 04 . 040 Registered voter requirement . In the event
any court of competent jurisdiction holds invalid or inappli-
cable any Charter provision providing that no person shall
be eligible to hold any such office in the city unless he
is and shall have been a registered voter of the city, then
no such elective or appointive officer shall be eligible to
hold any such .office unless he is and shall have been a
registered voter of the city for at least one complete year
next preceding the date of his election or appointment . (Ord.
1756, 7/72) .
2 . 04 . 050 Contributions--Limitations .
a No person other than a candidate shall make, solicit
or accept any contribution, gift , subscription, loan, advance,
deposit, pledge or promise of money or anything of value in
aid of the nomination or election of a candidate which will
cause the total amount contributed by such person with respect
to a single election in support of such candidate to exceed .
Two Hundred Dollars ($200) .
(b ) Campaign Contributions . No candidate, committee or
person shall accept contributions including contributions
from said candidate, as herein defined in Section 2 . 04. 020(d) ,
for any election, in the aggregate in excess of Five Thousand
Dollars ($5,000 ) . (Ord. 1911, 5/74; Ord. 1885, 12/73) .
2. 04 . 060 Expenditures--Limitation. No candidate shall
incur aggregate campaign expenses to further the election
or nomination of such a candidate, including expenses incurred
by persons, committees or organizations subject to the
immediate control of and working directly for the election or
nomination of such a candidate, in excess of the sum of Five
Thousand Dollars ($5,000 ) . (Ord. 18$5, 12/73 ) .
13
2. 04. 070--2. 04. u>0
i
2. 04. 070 Campaign statement--Required. Each candidate j
and each committee supporting or opposing a candidate or
candidates, shall file as a public record with the city clerk
three (3) . cumulative, verified campaign statements containing
the information set forth in Section 2. 04. 020(a) . (Ord. 1885,
12/73) .
2. 04. 080 Campaign statement--Filing time. Each candi-
date and each committee supporting or opposing a. candidate
or candidates, shall .file campaign statements according to
the following schedule:
(a) A campaign statement , the closing date of which
shall be the twenty-eighth (28th) day before the election,
shall be filed no later than the twenty-fifth (25th) day
prior to the election.
(b ) A campaign statement,. the closing date of which
shall be the tenth (loth) day before the election, shall be
filed no later than the seventh (7th) day prior to the election.
(c ) A campaign statement, the closing date of which
shall be the thirty-first (31st ) day after the election,
shall be filed no later than the thirty-eighth (38th) day
after the election. Notwithstanding the above, if prior to
the closing date all liabilities of the candidate or committee
have been paid and no additional contributions are expected,
the campaign statement may be filed at any time after the
election with a closing date other than the thirty-first (31st )
day following the election and not later than the thirty-
eighth (38th) day following the election. (Ord. 1885, 12/73 ) .
2. 04. 090 Infraction. It is unlawful for any person to
knowingly violate or knowingly permit any .other person to
violate any provision of this chapter. Any such person shall
be guilty of an infraction and shall be subject to a. fine of
not more than One Hundred Dollars ($100) . (Ord. 1885, 12/73 ) .
14
5. 12: o6o
(d) The licensee named must identify himself by his
signature whenever required to' do so by the police officer
or city clerk or his authorized deputies;
(e ) Whenever the licensee uses any wagon, cart, tray,
basket or' other vehicle or receptacle in vending any such
goods, wares or merchandise, the.. license shall be carried in
a license holder attached to the vehicle or receptacle in
plain view;
(f) Every license issued under .the provisions of this
section shall expire thirty days from and after ' the , date of
issuance and new license may thereafter be issued pursuant
. to the provisions of this section;
(g) . It is unlawful for .any. person, other than ,the. li
censee named, to use or have in his possession any license
issued pursuant to the provisions .of this section;
(h) It is unlawful for any person to purchase or
transfer any license issued pursuant to the provisions of
this section, or for any person to transfer or convey the
certificates mentioned in Section 5.12:050 (a) above to
any other pbrson for the purpose of securing a license- as
herein provided .for. (Ord. . 766, 4/60; Ord. -327, 6129 ) .
Chapter . 5.16
RATES
Sections :
5. 16. 010 Rates per employees.
5. 16020 Rates per employees--Minimum license.
5. 16: 030 Application for reclassification--Action.
5. 16. 040 License classifications designated.
5. 16. 050 Flat rate payment . code letters.
5. 16. 060 Advertising.
5. 16. 070.. Amusements.
5. 16. 080 Auctioneer.
5. 16. 090 Bankrupt sale.
.5:16. 100 Bath.
5. 16. 110 Circus.
5. 16. 120 Contractors.
5. 16.130 Dancing teacher.
5. 16. 140 House moving.
5. 16.150 House moving bond.
5. 16. 160 Junk collector.
5. 16. 170 Junk dealer and auto wrecking.
5. 16. 180 Music or fine arts teacher.
5. 16. 190 Office building.
5. 16. 200 Oil business--Nonproduction.
99
5. 16. 010--5. 16. 020
Sections: (Continued)
5. 16. 210 Outdoor theaters.
5. 16. 220 Pawnbroker.
5. 16. 230 Peddler.
5. 16. 240 Public dance hall, public dance and dinner
dancing place.
5. 16. 250 Public utilities.
5. 16. 260 Rooming house, apartment house, motel, bungalow
or auto court .
5. 16. 270 Skating rink.
5. 16.280 Small stands and business--Temporary and.
permanent.
5 . 16. 290 Solicitor or canvasser..
5. 16. 300 Soliciting on streets for hotels or dining rooms.
5. 16. 310 Stockyard auction.
5. 16. 320 Trailer parks.
5. 16. 330 Transportation, trucking and hauling--Estab-
lished place of business .
5. 16. 340 Transportation, trucking or hauling--No busi-
ness location.
5• 16. 350 Transportation, trucking or hauling--Exceptions
from fee.
5.16. 360 Transportation, trucking or hauling--Dump and
tank trucks .
5. 16. 370 Truck rental or leasing.
5. 16. 380 Passenger vehicle rental or leasing.
5. 16. 390 Trailer rentals .
5. 16. 400 Transportation--Water.
5. 16. 410 Vending and bulk-vending machines.
5. 16. 420 Water companies . .
5. 16. 430 Subdivision of land.
5. 16. 010 Rates per employees. The following rates shall
apply to business licenses :
First two individuals . . . . . . . . . . $37. 50
All additional individuals • . . . • 10. 00 each
The total fee shall not exceed a maximum of $20,017. 50.
(Ord. 1924, 7/74; Ord. 1605, 9/70; Ord. 904,. 5/62; Ord. 766,
4/60) .
5. 16. 020 Rates per employees--Minimum license. The
minimum license fee in each classification shall be $37. 50 per
year. In any case where a licensee or an applicant for a license
believes that his .business is not assigned to a proper class-
ification under this chapter because of circumstances peculiar
to it , he may apply to the finance director for reclassification.
Such application shall contain such information as the finance
director may . deem necessary and require in order to determine whet'
100
5. 16. 03.0--5. 16. o4o
the applicant 's business is properly classified.. The finance
director shall then conduct an investigation, following which
he shall assign the applicant ' s individual business to the
classification shown to be proper on the basis of such invests-
gation. (Ord. 1924, 7/74; Ord. 1605, 9/70; Ord. 904, 5/62;
Ord. 766, 4/60) .
5. 16. 030 Application for reclassification--Action.
The finance director shall notify the applicant of the action
taken on the application for reclassification. . Such .notice
shall be given by serving it personally or ,by depositing it in
the United States Post Office at Huntington Beach, California,
postage prepaid, addressed to .the applicant at his last known
address . Such applicant may, within fifteen days after. the
mailing or serving of such .notice, make written request to
the city clerk for a hearing on his application for reclassi-
fication. If such request is made within the time prescribed,
the city clerk shall cause the matter to be set for hearing
before the city council within fifteen days. The .city clerk
shall give the applicant at least ten days ' notice of the
time and place of the hearing in the manner prescribed above
for serving notice of theaction taken in the .application
for reclassification. The city council shall consider all
evidence and its findings thereon shall be final. Written
notice of such findings shall be served upon the applicant
in the manner prescribed above for serving notice of the action
taken on the application .for reclassification.. (Ord. 1924,
7/74; Ord. 1605 9/70; Ord. 904, 5/62; Ord. 766, 4/60) .
5 . 16..040 License classifications designated. Every
person described in the following classifications who engages
in business within the city shall pay a license tax based
upon the average number of employees at- the- rates hereinafter
set forth:
(a) Classification A.
Abstractor of titles Bail bond broker
Accountant Barber shop
Accounting service Beauty shop
Advertising agent Business management
Agricultural advisor or. . consultant
counselor Certified public accoun-
Appraiser tant
Aquarian chirothessian Chemical engineer
Architect Chemist
Assayer Child nurseries (4
Attorney-at-law children or more )
Auctioneer Chiropodist
Auditor Chiropractor
Bacteriologist Civil engineer
101
5. 16. o40
Claim adjuster Mechanical engineer
Construction engineer Mortician
Consulting engineer Naturopath
Dancing academy Oculist
Dealers in stocks, bonds and Optician
other securities Optometrist
Dental laboratory Oral surgeon
Dentist Orchard care
Designer Osteopath physician
Detective Physician
Detective agency. Physician and surgeon
Draftsman Private home for the
Drugless practitioner aged (4 persons or more )
Electrical engineer Real estate broker
Electrologist Real estate office
Employment agency or bureau Sanitation -engineer
Fine arts or music school Stocks and bonds broker
Geologist Surgeon.
Herbalist Surveyor.
Industrial relations consultant. Taxidermist . .
Insurance adjuster Trade or business school
Interior decorator Tree removing
Investment .counselor Tree surgery
Labor relations consultant Tree trimming
Landscape architect Veterinarian
Lapidary
and any other business of a professional nature where the prin-
cipal business activity is the furnishing of. services and where
such business is not specifically listed in some other classifi-
cation or section of this chapter will be classified in the
above category.
(b ) Classification B. Any person who is licensed as
a contractor or who is defined as a contractor in subsec-
tions (F) , (G) , or (.H) of Section 5. 04. 010; provided, that
licenses for contractors not maintaining a fixed place of
business in the city may, at the option of applicant for
such license, be based upon the flat rate fees prescribed
in Section 5. 16. 050.
(c) Classification C. Any person conducting,' managing,
or carrying on a business consisting mainly of manufacturing,
packing, processing, carrying or selling at wholesale any
goods, wares , merchandise, or produce, comes under this classi-
fication.
(d) Classification D. 'Any person conducting, managing
or carrying on the business consisting mainly of selling at
retail any goods, or conducting and maintaining a recreation
park or amusement center under one general management, or
business not otherwise specifically licensed by other sec-
tions of this chapter comes under this classification. (Ord.
1605, 9/70; Ord. 904, 5/62; Ord. 838, 5/61; Ord. 766,
4/60; Ord. 327, 6/29 ) .
102
5. ) . 130---5. 16. 170
General engineering and/or general building con-
tractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105 . 00 A
Specialty, subcontractor, or other. . . . . . . . . . . . . . . . . 52 . 50 A.
(Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 838
(part) , 1961) .
5 .16 . 130 Dancing teacher. Every person engaged in the
profession of dancing teacher who has no regularly established
place of business where instruction in dancing is given shall
paya fee of. . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30. 00 A.
(Ord. 1604 (part) , 1970) .
5 . 16 . 140 House moving. Every person engaged in house
moving or wrecking of buildings and/or structures shall pay
afee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75. 00 A.
(Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766
(part) , 1960) .
5 . 16 . 150 House moving bond. Every person desiring to
engage in the business of housemoving or wrecking of build-
ings and/or structures , shall before receiving a license
for said business execute and deliver to the city clerk the
bond required by Sections 15 .08. 120 and 15 .08. 130 in the sum
of five thousand dollars . (Ord. 904 (part) , 1962 : Ord.
766 (part) , 1960) .
5 . 16 . 160 Junk collector. (A) For every person con-
ducting,, managing or carrying on the business of junk col-
lector the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150 . 00 A,
or, at the option of the licensee. . . . . . . . . . . . . . . . . . . . 7. 50 D.
(B) For the purpose of this section, a "junk collector"
means any person, other than a junk dealer engaged in the
business of buying or selling, either at wholesale or retail ,
rags , bottles , papers , cans, metal or other articles of junk.
(Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766
(part) , 1960) .
5 . 16 . 170 Junk dealer and auto wrecking. (A) For
every person conducting, managing or carrying on the busi-
ness of junk dealer or auto wrecker the fee shall be . . $150 . 00 A.
(B) For the purpose of this section an "auto wrecker"
means and includes any person who buys any motor vehicle for
the purpose of dismantling or disassembling, or who dismantles
or disassembles any such motor vehicle whether for the pur-
pose of dealing in the parts thereof or using the same for
the purpose of reconditioning any other vehicle , or for the
purpose of selling. or otherwise dealing in the materials of
such vehicle or vehicles . ('Ord. 1604 (part) , 1970 : Ord.
904 (part) , 1962 : Ord. 766 (part) , 1960) .
105
i
5. 16. 180--5. 16 . 22U
5. 16.180 Music or fine arts teacher. Every person
engaged in the profession. of teaching music, . dramatics ,
art, designing, dressmaking, mechanics or any other trade or
fine art who has no regularly established place of business
where such teaching is carried on shall pay a fee of. . . $37. 50 A.
(Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766
(part) , 1960) .
5 .16 . 190 Office building. For every person conducting,
managing or carrying on the business of operating an office
building, for each office therein the fee shall be. . . . . $ 3. 00 A.
(Ord. 1604 (part) , 1970) .
5 . 16 . 200 Oil business--Nonproduction. Every person
conducting, managing, carrying on or engaging in, from a
fixed place of business in the city, the business or activity
of oil well, injection well , or. water-source-well drilling
or servicing operation, or refining oil or petroleum products
and producing the by-products, or marketing, selling or dis-
tributing at wholesale, oil or any petroleum products , or
by-products, or maintaining tankage or warehouse storage
facilities where oil is kept for the purpose of wholesale
distribution thereof, shall pay a license tax in accordance
with Section 5. 16 .010 . Nothing in this section shall be
deemed to apply or relate to actual oil or gas production
operations . (Ord. 1652 , 1971) .
5. 16 . 210 Outdoor theaters . For every person conduct-
ing, managing or carrying on an outdoor theater where moving
or motion pictures are exhibited the license fee shall be:
Number of Stalls Fee Per Year
First 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300 .00
All over 500 . . . . . . . . . . . . . . . . (per stall) . . . . 45 .
A separate license shall be obtained for snack bars , food
stands and other concessions . (Ord. 1604 (part) , 1970 :
Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) .
5. 16 . 220 Pawnbroker. For the purpose of this section
the term "pawnbroker" shall include every person conducting,
managing or carrying on the business of loaning money either
for himself or for any other person, upon any personal prop-
erty, personal security or purchasing personal property and
reselling or agreeing to resell such property to the vendor
or other assignee at prices previously agreed upon. Nothing
in this section shall be deemed to apply to the loaning of
money or personal property or personal security by any bank
authorized to do so under the laws of the state or of the
United States . The license fee shall be. . . . . . . . . . $450 .00 A.
(Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 :. Ord. 766
(part) , 1960) .
106 .
_6. 420--5. 16 . 430
when due and payable, the owner of the business on whose busi-
ness premises such vending or bulk-vending machine is located,
shall be jointly and severally liable to pay the full amount
of such license fee .
(C) A person having a business license in connection
with a fixed place of business in this city is exempt from
payment of license fees otherwise required by this section
on any vending or bulk-vending machine owned by such person
and located in such fixed place of business . (Ord. 1461 ,
1969 Ord. 904 (part) , 1962 : Ord. 838 (part) , 1961 : Ord.
766 (part) , 1960) .
5.16 . 420 Water companies . For the maximum number of
customers at one time during the preceding calendar year the
fee per customer shall be. . . . . . . . . . . . . . . . . . . . . . . . $ . 75.
(Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766
(part) , 1960) .
5. 16 . 430 Subdivision of land. Any person, partnership,
corporation or other entity engaging in the business of subdi-
viding land shall be subject to a business license tax based
on the number of lots or parcels created as shown on each ap-
proved final tract map .at the per lot rate of one hundred
fifty dollars . The tax shall be on the entire business of sub-
dividing including subdividing, improvement, construction and
selling. (Ord. 1605 , 1970 : Ord. 988, 1963) .
Chapter 5. 20
AMBULANCE SERVICE
Sections :
5. 20 . 010 Definitions
5 . 20 .020 Certificate of need and necessity--Required.
5 . 20 .030 Certificate of need and necessity--Application.
. 5 . 20 . 040 Certificate of need and- necessity--Fees.
5 .20 . 050 License and certificate nontransferable.
5. 20 . 060 Business license required.
5. 20 .070 Replacing vehicle .
5 . 20 .080 Driver qualifications .
5. 20 . 090 Change of rates--Application and hearing.
5 . 20 . 100 change of rates--Prohibited without certificate
5. 20 .110 Certificate of need and necessity--Revocation.
5. 20 . 120 Certificate of need and necessity--Renewal.
5 . 20 . 130 Liability insurance.
5. 20 . 140 Certificate of need and necessity--Granting.
5. 20 . 150 Inactive certificates--Notice and hearing.
113
5. 20. 010--5. 20. 03i
5 .20 .010 Definitions . For the purpose of this chapter,
the following terms shall have the meanings herein given to
them:
(A) "Driver" means every person in actual charge and con-
trol of any ambulance as a driver thereof.
(B) "Owner" means any and every person, whether individ-
ual or corporate, who owns or controls any private ambulance.
(C) "Private ambulance" means every ambulance used for
the purpose of serving the public and operated by a person
other than a governmental agency. The term "ambulance" under
this definition implies a regularly produced, custom built ve-
hicle on a chassis designed for ambulance use . (Ord. 841
(part) , 1961) .
5. 20.020 Certificate of need and necessity--Required.
No owner shall operate any private ambulance , owned or con-
trolled by such owner in the business of transporting, at
the call of the police or fire departments of this city, ill
or injured patients , or shall in any way carry, at the call
of the police or fire departments of this city, passengers or
patients , unless such owner has previously obtained a certifi-
cate of public need and necessity to do so as provided for in
this chapter. Nothing contained in this chapter shall be
deemed expressly or impliedly to limit the city to the granting
of an exclusive certificate of public need and necessity to
any single owner, operator or operators . Nothing contained in
this chapter shall be deemed to require a certificate of pub-
lic need and necessity of any owner of any private ambulance,
owned or controlled by such owner in the business of transport-
ing, at the call of any private physician or hospital, ill or
injured patients or passengers . (Ord. 1513 (part) , 1969 : Ord.
841 (part) , 1961) .
5. 20. 030 Certificate of need and necessity--Application.
Any owner desiring to obtain the certificate of public need
and necessity required by this chapter shall make application
therefor to the city council, by filing the same with the
city clerk. Each application shall be accompanied by a po-
licy of insurance in the amount provided for by this chapter,
as well as the certificate of public need and necessity fee
provided for by this chapter. This application shall be in
writing and shall, among other things , set forth the follow-
ing:
(A) The name , age , business and residence address of the
applicant, if a natural person; or if corporation, its name ,
date and place of incorporation, address of its principal
place of business , and the names of its principal officers ,
together with their respective residence addresses ; or if a
partnership, association or unincorporated company, the names
of the partners , or of the persons comprising such association
or company, and the business and residence of each partner
or person;
114
8. ob o9o--8. o4. 110
as .defined in Section 540 of the Health and Safety Code and
registered as provided in Section 542 thereof, but shall not
be .the , inspector who reported the violations or who inspected
any, corrective measures taken.
The person conducting the hearing shall make a written
order as to each alleged violation listed on the notice and
shall deliver a signed copy thereof to the permit_tee. As. to
each violation, the order shall either:
(a). suspend the permit until it is corrected; or .
(b ) extend the time or modify the measures to be taken
for correction before suspension; or
(c ) declare that the violation has been corrected so.
as to comply with the applicable law; or
(d) declare that there was no violation. (.Ord. 18,92,
6 Feb 74; Ord . 1254 , 9/66) .
8..04 . 090 Permit--Suspension for. refusal of entry. It
shall be a violation of this chapter for any person to deny
or hinder entry by any inspector for the purpose of inspecting
any of the food-handling establishments described in. Section
8. 04 . 010, or any portion thereof; and in .such event the
inspector may forthwith suspend the food vending permit issued
for the establishment . (Ord. 1892, 6 Feb 74 ; Ord, 1254 , 9/66) .
8. 04. 100 Permit Summary suspension. Whenever an
inspector finds insanitary or other conditions in the operation
of any food establishment which, in his judgment, constitute
an immediate and substantial hazard to the public health, he
shall issue a written notice to the permit holder or person
in charge of the food-handling establishment stating that
the permit is immediately suspended and shall set forth the
substance of the suspension as provided in Section 8. o4. 070.
Any person to whom such an order is issued shall immediately
comply therewith; but , upon request made to the inspector who.
orders the suspension, or the health officer or his authorized
representative, either personally or by telephone or in writing,
he shall be afforded a hearing as soon as ,possible_ , and notice
of its setting may be given in the same manner as the request .
(Ord. 1892, 6 Feb 74; Ord. 1254 , 9/66) .
8. 04. 110 Premises closure supervised. When any permit
is first suspended hereunder, or when any food-handling
establishment governed hereby as defined in Section 8. ol1 . 020
shall have been closed for business and left in an insanitary
condition, the health department shall have the power to enter
to insure that the food-handling establishments are closed
down in the manner which will not endanger the public health.
If the permittee or his employee in charge cannot be found, or
193
8. 04. 120
is unwilling or unable to remedy the condition of the food-
handling establishment, the owner of the food-handling estab-
lishment shall be notified of the insanitary conditions and
shall be required to take such remedial action as may be
necessary to obviate such condition'. (Ord. 1892, 6 Feb 74;
Ord. 1254, 9/66 )..
8. 04 . 120 Administration. The health officer may adopt
and enforce rules and regulations necessary to administer
this chapter including regulations pertaining to:
(a) forms for applications, permits and notices ;
(b ) forms and procedures for hearings upon the granting,
denying, suspending, revoking or reinstating of permits; and
(c ) inspections of food-handling establishments and
reporting thereon. (Ord. 1892, 6 Feb. 74; Ord. 1254, 9/66) .
Chapter 8. 08
LUNCH WAGONS
Sections :
8. 08. 010 Restricted area.
8. 08. 020 ' Prohibited near public facilities.
8. 08. 010 Restricted area. It is unlawful for any person
to place, keep or maintain or permit or cause to be placed
or maintained, either for himself or as an employer, employee,
tenant, landlord, agent, owner or representative, any wagon,
truck, vehicle or other structure on wheels, where there is
conducted a lunch .counter, chili wagon, restaurant or other
place where meals, lunches, sandwiches , coffee or other 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 this city. (Ord. 212, 2/21 ) .
8. 08. 020 Prohibited near public facilities . It is
unlawful for any person, firm or corporation owning, driving
or having control of any wagon or vehicle used in or for
carrying on the business of peddler of fruits, buttermilk,
milk, soda water, or any other beverage, ice cream, bread,
crackers , cakes, pies , confections, sandwiches, meats or other
edibles intended for use as food for human consumption, to sell.,.
give away, or dispose of any articles named above to any school-
child on any street, alley, lane, way or public place within a
194
(Pages 195 through 197 are not used)
8. 12. 010
radius of eight hundred (800 ) feet of any school, park, play-
ground or city or metropolitan park and/or operated recreation
center. (Ord. 887, 2/62) .
Chapter 8. 12
FLY CONTROL
Sections :
8. 12. 010 Definitions.
8. 12. 020 Public nuisance.
8. 12. 030 Premises inspection--Enforcement.
8. 12. 040 Inspection--Refusal of entry.
8. 12. 050 Abatement--Notice.
8. 12. 060 Abatement--Hearing--Findings.
8. 12. 070 Abatement--Hearing--Determination.
8.12. 080 Fly-control standards.
8. 12. 090 Abatement--Costs.
8. 12. 100 Abatement--Other remedies .
8. 12. 110 Administration and enforcement .
8. 12. 120 Violation--Penalty.
8. 12. 010 Definitions . The following words and phrases
whenever used in this chapter, shall be construed as defined
herein unless from the context a different meaning is intended
and more particularly directed to the. use of such words and
phrases :
(a) "Commercial dairy farm" means any place or premises
on which milk is produced for sale, or other distribution,
and where more than two-. (.2) cows. or six (6) goats are in
location.
(b ) "Commercial poultry ranch" means any place or premises
where poultry are maintained, raised or fed for the primary
purpose of producing eggs or meat for sale,. or other distribution.
(c) "Fly abatement board" means the administrative board
composed of five (5) members appointed by the board of supervisors
of Orange County, pur's:uant. to Orange County Ordinance Section
42 . 012 which is designated as the fly abatement board pursuant
to this chapter.
(d) "Fly-breeding hazard" means the accumulation, ex-
istence or maintenance of any substance, matter, material or
condition resulting -in the breeding of flies in an amount
�98
_ _ 12. 020--8. 12. 050
or manner as may endanger public health or safety, or which
may create unreasonable interference with the comfortable
enjoyment of life and use of property by others .
(E) "Horse _stable" means any location where three or
more .horses are maintained for any purpose . .(Ord. 1619
(part) , 1970) .
8. 12 .020 Public nuisance. Any fly-breeding hazard in
the city if declared to constitute a public nuisance . (Ord.
1619 (part), 1970) .
8. 12. 030 Premises inspection--Enforcement. It is the
duty of the health o icer of Orange County, who is designated
to enforce this chapter, upon routine inspection, or whenever
he is informed or has reasonable cause to believe that any
land, building or collection of plant or animal waste, or
any substance or existing condition on any lot, farm or
other land, or on any other premises as a fly-breeding ha-
zard, to enter, after demand, upon such premises and- to de-
termine whether or not there is an existing fly-breeding
hazard. The county health officer shall furnish each of
his deputies and inspectors with identification in such form
as he shall prescribe . (Ord. 1619 (part) , 1970) .
8. 12 . 040 Inspection--Refusal of entry. Except as to
residences and living quarters , the health officer, or his
authorized deputies or inspectors , for the purpose of rou-
tine inspection, or whenever he shall have reasonable
cause to believe that any violation of this chapter exists
upon any premises or in any place , after displaying identi-
fication may demand entry thereon in the daytime . Every
person who owns , occupies or otherwise is then in possession
of such premises and who, after such display and demand,
refuses or willfully delays to open the same and admit an
inspection thereof shall be guilty of a misdemeanor and
subject to punishment upon conviction thereof by a fine not
exceeding fifty dollars or by imprisonment in the county
jail for over five days or by both such fine and imprison-
ment. (Ord. 1619 (part) , 1970) .
8. 12 .050 Abatement--Notice . (A) Whenever ther exists
in any place within the city , a fly-breeding hazard, the
county health officer shall notify in writing, by personal
service , the record owner, his agent or person having control
or possession of such place or premises , to abate such nui-
sance and take corrective measures to prevent its recurrence ,
and to appear at a public hearing to be held by the fly
abatement board on a date set forth in the notice. A copy
of such notice shall also be posted in a conspicuous place
upon such place or premises . Such hearing shall be set by
199
8 . 12. 060
I
the county health officer at least ten days after the date
of such notice .
(B) The notice shall specify what is claimed to be
causing the hazard and what must be done to abate it, and.
shall direct the owner, or person in control or possession
of the place or premises , to abate the nuisance, and to
perform any and all work necessary to prevent the recur-
rence thereof in the places or premises specified in the
notice, prior to the time set for the public hearing by
the fly abatement board, and shall advice such owner or
person that in lieu of such abatement, if the fly abate-
ment board determines that a fly-breeding hazard still ex-
ists at the time of such public hearing, the county . health
officer will proceed to abate such nuisance, without further
notice, unless such nuisance is abated before a date speci-
fied by the board, and the owner of such place or premises ,
and the person having control or possession thereof, jointly
and severally shall be liable to the county for the total
cost of such work, including all administrative costs , and
such costs shall constitute a charge and lien upon such place
or premises .
(C) The notice shall be served upon the owner of re-
cord, or person having control or possession of the place
or premises upon which the nuisance exists , or upon the
agent of either. Notices may be served in the same manner
as a summons in a civil action by any person authorized by
the health officer of Orange County for such purposes .
(Ord. 1619 (part) , 1970) .
8. 12.060 Abatement--Hearing--Findings. At the time
fixed for hearing by the fly abatement board, such board
shall hear and consider all relevant testimony and evidence
offered by the owner of record, or person having control or
possession of the place or premises upon which the fly-breeding
hazard is stated in such notice to exist by the county health
office' or his agent, and by any other interested person.
Upon the conclusion of the hearing, the board shall make the
following findings :
(A) Whether a fly-breeding hazard exists ;
(B) What is causing the hazard specifically;
(C) What should be done by the owner or operator to
abate the hazard;
(D) What work, if any, should be done by the owner or
operator to prevent its recurrence;
(E) Whether the owner or operator shall comply with
any specific regulations of the health officer;. .and
(F) Whether the health officer shall abate and speci-
fically what he may do at his option, including but not lim-
ited to directing the owner or person having control of the
premises to abate the nuisance, provided that anything not
included in the board' s order shall not be done by the health
officer. (Ord. 1619 (part) , 1970) .
200
8 . 1, . 070--8. 12 . 120
8.12 . 070 Abatement--Hearing--Determination. If the
board determines that such fly-breeding hazard exists, it
shall direct the county health officer to abate it, without
further notice , unless the condition is abated and such work
performed by the owner or operator on or before a date to be
specified by the board. (Ord. 1619, 12/70) .
8. 12 . 080 Fly-control standards . The fly abatement
board, -upon recommendation of the health officer, is author-.
ized to adopt fly-control standards for operation and design
of commercial dairy farms, commercial poultry ranches. and
horse stables to serve as guidelines in the abatement pro-
ceedings described in Sections 8 . 12 . 060 and 8. 12 . 070 . All
such standards shall be printed and made available to all
dairymen, poultrymen and horse stable owners or operators.
(Ord. 1619 , 12/70 ) .
8. 12 . 090: Abatement--Costs . All costs shall. constitute
a charge . and special assessment upon such. parcel of. land
incurred by the city and/or county. if such costs are not
paid within a period specifically set . by the city and/or .
county, they shall then be declared a special assessment
against that parcel as provided in Government Code Sections
25845 and 38773 . 5 . Such special assessment shall be collected
at the same time and in the same manner .as ordinary county
taxes ,are collected, and shall be subject to the same penalties
and the same procedures and sale in case of delinquency as
provided. for ordinary county taxes . The city shall retain
the additional and independent right to recover its costs by
way of civil action against the owner and person in possession
or control, jointly or severally. (Ord. 1619, 12/70) .
8. 12 . 100 Abatement--Other remedies. The provisions of
this chapter are to be construed as an added remedy to abate
the nuisance declared, and not in conflict with or derogation
of any other actions or proceedings or remedies otherwise pro-
vided by law. (Ord. 1619 , 12/70) .
8 . 12 . 110 Administration and enforcement . Without lim-
iting the power of city so to do, the county of Orange and
all its officers , employees and agents are authorized and
empowered to enforce and administer the provisions of this
chapter within the city . (Ord. 1619, 12/70) .
8. 12. 120 Violation--Penalty . Any owner of person hav-
ing control of any place or premises upon which there is
existing a breeding place for flies, who refuses or neglects
to abate same or to take corrective measures to prevent its
recurrence, in accordance with the written notice, shall be
guilty of a misdemeanor and subject to punishment upon convic-
tion thereof by a fine not exceeding Five Hundred Dollars ($500)
201
8 . 1_6.010--8 . 16 .u40
or one hundred (100) day:; imprisonrnent 1n the county jail, .or
by both such fine and. imprisonment . (Ord. 1619, 12/70 ) .
Chapter 8 . 16
WEED ABATEMENT
Sections :
8. 16 .010 Removal--Required.
8. 16 .020 Nuisance declared.
8. 16 .030 Removal--Notice to owner.
8. 16 . 040 Notice--Form--Service .
8. 16 . 050 Delinquency--Estimate given to council .
8. 16 .060 Ordering of work by city .
8. 16 . 070 Extension of time .
8 .16 . 010 Removal--Required. All persons owning any real
property in this city are required to keep said property free
from weeds whose seeds are of .a winged or downy nature and
are spread by the winds . (Ord. 84,. 10/11) .
8 .16. 020 Nuisance declared. Any .such weeds .on any such
real property in this city are declared to be a nuisance .
(Ord. 84, 10/11) .
. 8 .16. 030 Removal--Notice to owner. It shall be the
duty of the superintendent of streets to notify, in the man-
ner hereinafter provided, the occupants and owners of any
premises in this city to eradicate and remove, within ten
(10 ) days from the receipt of such notice , all weeds whose
seeds are of a winged or downy nature and are spread by the
winds , from the property they own or occupy in .this city, and
that upon failure to do so within ten (10) days , this city will
cause the weeds to be removed at the expense of said owner.
(Ord. 84, 10/11) .
8. 16. 040 Notice--Form--Service . The notice to remove
weeds shall be given in writing, by serving per.s:onally 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 nonresident of the city, 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 j
as shown by the last assessment of the city, 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 premises , and serving a copy . upon the owner as herein-
after provided. (Ord. 84, 10/11) .
202
8 . 1"050--8 . 20 . 010
8 .16 . 050 Delinquency--Estimate given to council . At
the expiration of ten (10 ) days from the sending or serving of
the notice if the weeds are not removed from the property, the
superintendent of streets shall thereupon report the delin-
quency to the council with an estimate of the probable cost
of doing the work . (Ord. 84 , 10/11) .
8 . 16 . 060 Ordering of work by city. The council must
then order the superintendent of streets to do the same work,
at the expense of the owner of said property, and provide for
temporary payment of the same with city funds . (Ord. 84 , 10/11) .
8 . 16 . 070 Extension of time . The council may, in its dis-
cretion extend the time within which the work must be done .
(Ord. 84 , 10/11) .
Chapter 8 . 20
Refuse
Sections :
8. 20 .010 Definitions .
8. 20 .020 Leaving in public places .
8.20. 030 Occupant responsible for premises .
8. 20 .040 Accumulation prohibited.
8. 20 . 050 Storage .
8 . 20 . 060 Containers--Location.
8 . 20 . 070 Container--Interference .
8. 20 .080 Container--Improper substances .
8 . 20 .090 Collection--Manner.
8 . 20 .100 Collection--Single family residence .
8 . 20 .110 Collection--Other premises .
8. 20 . 120 Collection--Excluded refuse.
8 . 20 . 130 Collection--City contract .
8. 20 . 140 Transportation--Conveyance approval .
8. 20 .150 Disposal methods .
8 . 20 .160 Disposal--Certificate required when.
8. 20 .170 Certificate--Application--Filing.
8. 20 .180 Certificate--Application--Contents .
8. 20 .190 Certificate--Application--Transmitted to
departments .
8 . 20 . 200 Certificate--Granting.
8. 20 . 210 Other licenses and permits .
8. 20 .220 Certificate--Council hearing.
8. 20 . 230 Certificate--Council action.
8. 20 . 240 Certificate--Revocation.
8 . 20 . 250 Liability insurance .
8. 20 . 260 Vi.olation--Penalty.
8 . 20. 010 Definitions . The following definitions shall
apply in the interpretation and enforcement of these regulations :
(a) "Basic level of service" means that level of col-
lection and disposal service necessary to collect refuse
generated by an average family in one single family resi-
dence , as specifically provided in any given contract be-
tween the city and any person for collection of such refuse,
203
8. 20 . 010
or as provided by resolution of the city council. Refuse
items or substances excluded from collection by regulation
of the director or by contract, as hereinafter provided;
refuse capable thereof which has not been placed in contain-
ers or bundles within the weight and size limits hereinafter
set forth for containers or bundles, any unit of refuse which
exceeds four feet in length or which exceeds forty pounds in
weight, and any amount of refuse in excess of that provided
by such contract or _such resolution as that generated by an
average family in one single family residence, are excluded
from the "basic level of service."
(b ) "City refuse collector" means any collector either
employed by or under contract with the city to provide re-
moval, transportation, and disposition of refuse from resi-
dents and users of premises within the city .
(c) "Collection" means pickup, removal, transportation
or disposition of refuse, except by a person with refuse
from premises owned, occupied or used by such person, as
hereinafter provided.
(d) "Director" means the Huntington Beach director of
public works or his authorized representative .
(e ) "Garbage" means all putrescible solid wastes , in-
cluding but not limited to vegetable matter, animal offal
and carcases of small -animals, discarded food containers ,
leaves, cuttings , trimming from trees , shrubs .and grass ,
excluding human excrement and animal manure .
(f) "Nonsingle family residence" means and includes
all locations specifically excluded from subsection (k) .
(g) "Person" means any individual, firm, governmental
unit , organization, partnership, corporation, company or
other entity .
(h) "Refuse" includes both garbage and rubbish..
(i ) "Refuse collector" means any person who picks up,
removes , transports or disposes of refuse, other than one
who does so from his own premises .
Q ) "Rubbish" means all nonputrescible. solid wastes ,
including but not limited to special handling items such
as trees , tree limbs , logs, automobile bodies, motor vehicle
parts , building materials , appliances , household goods ,
sod and dirt, metal, wood and rock.
(k) "Single family residence" means and includes every
lot in the city upon which is situated one dwelling unit
designed for or used as living quarters by human beings .
It shall not include any lot upon which there is located
any hotel, motel, lodge , hall, club , tourist camp , trailer
camp, church, business or industrial establishment , or any
lot containing more than one dwelling unit or any lot upon
which any commercial or industrial activity is conducted
unless such activity is conducted in a single family resi-
dence.
i
204
I
1_ 04.016 -12.04. 020
Title 12
STREETS AND SIDEWALKS
Chapters :
12 . 04 Datum Plane
12. 08 House Numbers
12 . 12 Street Work Generally
12. 16 Repaving Streets
12 . 20 Utility Structures
12 . 24 Warning Lights--Barricades
12. 28 Sidewalks--Maintenance
12. 32 Sidewalks--Obstructing
12 . 36 Benches
Chapter 12 .04
DATUM PLANE
Sections :
12 . 04. 010 Established.
12 .04. 020 Bench mark established.
12 . 04.010 Established. The horizontal plane at the
elevation of low tide of the Pacific Ocean, being the zero
elevation used by the United States Coast and Geodetic Survey
in this vicinity, is fixed and established as the datum plane
of this city, from which to measure and calculate the ele-
vation for grades of the avenues and streets of this city,
and for other purposes . (Ord. 33 (part) , 1909) .
12. 04. 020 Benchmark established. The top of the head
of that certain iron bolt in the curb at the northerly cor-
ner of Ocean Avenue and Main Street in this city is estab-
lished as the official bench mark of this city and is de-
clared to be 30 . 18 feet above the datum plane. (Ord. 33
(part) , 1909) .
331
12. 08. 010--12. 08 . G
Chapter 12 .08
HOUSE NUMBERS
Sections :
12 . 08. 010 Prescribed.
12 .08. 020 Location of numbers .
12. 08. 030 Size of numerals .
12 . 08. 040 Designation of numbers .
12. 08. 050 Determination of number.
12. 08. 060 Numbers west of railway.
12 . 08. 070 Numbers east of railway.
12. 08 .080 Initial even numbers .
12. 08. 090 Initial odd numbers .
12. 08. 100 Progression west of railway.
12. 08. 110 Progression east of railway.
12 . 08. 120 Ratio of numbers to frontage.
12. 08. 130 Wide lots.
12. 08. 140 Determination of hundreds--East of railway.
12. 08. 150 Determination of hundreds--West of railway.
12. 08. 160 Irregular numbers .
12. 08. 170 Violation--Misdemeanor.
12.08. 010 Prescribed. All entrances from the public
streets or highways of this city to buildings shall be num-
bered as hereinafter provided and not otherwise. (Ord. 82
(part) , 1911) .
12 .08. 020 Location of numbers . The number of each
and every entrance shall be placed upon or immediately above
the door or gate closing such entrance. (Ord. 82 (part) ,
1911) .
12. 08.030 Size of numerals . Each figure of said num-
bers shall be at least two inches in height and of corres-
ponding width. (Ord. . 82 (part) , 1911) .
12. 08 .040 Designation of numbers . It shall be the duty
of the city engineer to designate the respective numbers for
buildings in this city, on request. (Ord. 82 (part) , 1911) .
12. 08. 050 Determination of number. The location of the
doorway of the building shall determine the number to be used.
(Ord. 82 (part) , 1911) .
12 . 08.060 Numbers west of railway. In all parts of
the city lying west of the right-of-way of the Southern Pa-
cific Railway Company, buildings shall be numbered as follows :
332
12 . 12.0i -12. 12.070 .
i
Sections : (Continued)
12 . 12 .100 Construction work--Contractor obtains permit :
12. 12 .110 Construction work--Permit issuance .
12 . 12 .120 Construction work--Supervision and inspection.
12. 12.130 Construction work--Permit denial--Appeal .
12. 12 . 010 Erecting utility structures--Authority. It
is unlawful for any person, without a franchise or other au-
thority from the council, to erect any telegraph, telephone,
electric light or transmission poles on any walk, street,
alley or public place in this. city,' or .to 'stretch any wires . -
along or across. said streets; or to lay any gas , oil or water
pipes , or other pipelines along or across any streets in the
city . (Ord. 292, 12/26; Ord. 19, 610.9) .
12. 12. 020 Obstructing public way--Permit required. It
is unlawful for any person to obstruct any street, alley,
sidewalk or public place, within this city, by .placing there-
on or therein any building, stand, counter, lunch wagon, wag-
on stand, bandstand, structure, building material, gravel,
dirt , excavation. or obstruction of any kind whatsoever, with-
out a permit having first. been issued therefor as hereinafter
provided. (Ord. 19 , 6/09) .
12. 12 . 050 Construction work--Permit required. Any
person, firm or corporation desiring to engage in any trade or
business or to move or construct a building; make repairs or
to perform any other work by which it may become necessary
to place any such building, stand, counter, lunch wagon,. wag-
on stand, bandstand, structure, building material, gravel,
dirt, excavation or other obstruction upon or in the streets,
alleys , sidewalks or public places within this city , must
first obtain a permit from the superintendent of streets to
place any. obstruction as hereinabove mentioned upon or in
said streets , alleys , sidewalks or public places . (Ord._
577, 1/52 ; Ord. 19 , 6/09) .
12. 12 . 060 Construction work--Permit--Fee. The super-
intendent. of streets may issue such permit upon the payment
of the sum of Five Dollars ($5 .00) to the city therefor. (Ord.
577, 1/52; Ord. ' 193 6/09) .
12. 12. 070 Permit--Franchise holder. In the event the
person, firm or corporation making such application is the
335
12. 12. 080--12— .100
i
owner or holder of a franchise or reservation of intere$t in
said street, alley, sidewalk or public place to keep or main-
tain any pipeline, telephone line, or pole system in or upon
any of the public streets , alleys, sidewalks or public places
of said excavation is for the purpose of connection with sewer,
water or gas pipeline by such person, then and in that event,
the application and permit may be granted without charge.
(Ord. 517, 1/52; Ord. 19, 6/09) .
12. 12. 080 Violation--Nuisance . Any person, firm or
corporation who violates any of .the. provisions of this chap-
ter is guilty of a misdemeanor; and the obstruction so main-
tained shall be deemed to be a public nuisance and be treated
as such. . (Ord: 19, 6/09 ) .
12 .12. 090 Construction work--Licensed contractor re-
quired. No work of any kind shall be done or performed upon
any street, sidewalk, alley, curb , sewer or gutter in the
city, except it. be done according to specifications adopted
by the city council and by a contractor licensed by the
state of California to perform that class of work. . (Ord.
7453 1/60) .
12. 12. 100 Construction work--Contractor obtains permit.
Before any work mentioned in Section 12.12.090 may be com-
menced, the contractor doing such work must obtain a permit
to do such work: (Ord. 7145, 1/60) .
(The next page is 337. )
336 .
13. _ _. 010--13.. 12. 040
Chapter 13. 12
PIER REGULATIONS
Sections :
13. 12.010 Regulation authority.
13. 12. 020 Public use determination.
.13. 12. 030 Violation of posted notices .
13. 12. 040 Prohibited acts .
13.12. 050 Vehicle and parking regulation.
13. 12. 060 Delivering concessions .
13. 12. 070 Boat ticket sales .
13. 12:080 Boat landings.
13. 12 . 090 Private boats .
13. 12 . 100 Control of boat landing.
13. 12.110 Charges for use of landing.
13. 12 : 120 Tying up--Permission required.
13. 12 . 130 Tying up--Method.
13. 12. 140 Direct fueling prohibited.
13. 12.010 Regulation authority. The director of har-
bors and beaches , subject to the provisions of this chapter
and such ordinances as the council may adopt from time to
time, is given full power and authority to regulate or con-
trol_ the use of the public wharf or pier at the foot of
Main Street in this city. (Ord. 1306 (part) , 1967 : Ord.
344 (part) 1931) .
13. 12 .020 Public use determination. The director shall
have power to determine what portions of said pier shall be
open to the public at any and all times , and also what por-
tions of the pier shall not be used for any specific purpose.
(Ord. 1306 (part) , 1967: Ord. 344 (part) , 1931) .
13. 12 . 030 Violation of posted. notices . Upon the post-
ing of notices prohibiting the doing or performing of any
acts upon certain portions of said pier by the director of
harbors and beaches , it is unlawful for any person to use
said portion of the pier for the prohibited purpose or pur-
poses . (Ord. 1306 (part) , 1967 : Ord. 344 (part) , 1931) .
13. 12. 040 Prohibited acts. No person while upon or
near the municipal pier (located at the foot of Main Street
in this city, and over the Pacific Ocean in this city) shall
do or cause or permit to be done, any of the following acts :
(A) Overhead Casting.. Cast a fishing line, either with
or without a fishing pole , by what is commonly known as over-
head casting;
365
13. 12. 050--13 . 12. 0
(B) Negligent Casting. To cast a fishing line, lob-
ster trap, crab trap, any mussel hook, or any other such de-
vice in such manner as to create a hazard to any other per-
son, either in the water adjacent to the pier or on the pier;
(C) Extra Lines. Have more than two fishing lines to
any one person in the water under or near the pier at one
time;
(D) Projecting Poles . Allow or permit any fishing pole
to extend inward from the rail to a distance of more than
four feet;
(E) Cleaning of Fish. Place, cut or clean any fish
or bait, or any other marine life upon any bench, or seat
placed upon the municipal pier or upon the floor of the pier
unless same is placed in a container;
(F) Lobster Traps . Have more than two baited hoop
nets to any one person in the water under or near the pier
at any one time. Said traps shall be attended by a person
at all times . Attendance is to be within five hundred feet
of the traps at all times ;
(G) Tampering With Lifesaving Equipment. Remove, use
or tamper with lifesaving equipment upon said pier, provided
therefor for public use , except in time of emergency. (Ord.
554 (part) , 1949 : Ord. 344 (part) , 1931) .
13. 12. 050 Vehicle and parking regulation. Pursuant to
Section 13. 08. 280 in this chapter, the following shall apply:
(A) Speed Limit. No person shall drive any motor ve-
hicle upon said pier in excess of five miles per hour.
(B) Heavy Vehicles. No person shall drive or permit
to be driven, any vehicle of any kind or character whatsoever,
upon the pier of a gross weight in excess of twenty thousand
pounds .
(C) Skate Boards Prohibited. No person shall possess
any skate board, or any similar type vehicle upon the munici-
pal pier at any time.
(D) Parking. No vehicle shall be permitted to park
on the pier except for the express purpose of loading or
unloading supplies , unless he possesses a written permit
from the director of harbors and beaches allowing him to do
SO. No vehicle parked upon the pier shall be left unattended
at any time. (Ord. 1743 (part) , 1972 : Ord. 1306 (part) ,
1967) .
13. 12 . 060 Delivering concessions . Vendors or their
agents shall not make deliveries by vehicles to concession-
aires on the pier except between the hours of six a.m. and
eleven a.m. during the dates of June 15th to September 15th.
Such time limit shall not be in effect during the remainder
of the year. (Ord. 1399 , 1968) .
366
i
13. 12 70--13.12. 13o
i
i
13. 12 . 070. Boat ticket sales . No person shall sell or
offer for sale any tickets for transportation upon any boat
of any kind whatsoever upon said pier, except.from the space
in one of the buildings located upon said pier. (;Ord: .344,
9/31 ) . .
13. 12 . 080 Boat landings . No person in charge of. any
boat or other craft shall permit, cause or allow such boat
or other craft to stand or .remain at any boat landing upon
the pier for a longer period than fifteen (15) minutes at any
one time . (Ord. 3443 9/31) ,
13. 12 . 090 Private boats . Nothing contained in this
chapter shall be construed to prevent the embarking or dis-
embarking of passengers from privately owned or operated
boats and other craft, when the same are not in any commer-
cial business , but are operated by the owners thereof with-
out profit , for their own pleasure and amusement, and with-
out charging or receiving any compensation- from persons or
passengers riding upon said boats or other craft . During
emergency operations no vessel shall use any boat landing
upon the pier until the emergency operations are concluded.
(Ord. 1743, 4/72; Ord. 3443 9/31) .
i
13. 12.100 Control of boat landing. The boat landing
upon the pier shall be under the. exclusive- charge and con-
trol of the director of harbors and beaches and shall not
be raised or lowered by any other person, unless by written
consent .of the director of harbors and beaches . (Ord. 1306,
3/67; Ord. 344, 9/31) .
13. 12. 110 Charges for use of landing. Such charges
shall be made for the. use of said landing upon the pier as
I
-may from time to time be fixed by the city council. (Ord.
344, 9/31) .
13. 12 . 120 Tying up--Permission required. No person
having charge of any vessel shall make the same fast to a
wharf, dock, seawall or the front of any pier without the
consent of the owner, agent or person in charge of such
wharf, dock, seawall or pier. No person shall make fast
any vessel to any other vessel already occupying any wharf,
dock, seawall or the front of any pier either public or
private. No vessel shall be allowed to extend beyond the pier-
head line into the public right-of-way. . (Ord. 1430, 9/68) .
. 13. 12 .130 Tying up--Method. Every vessel lying at ..
any pier shall be fastened thereto from bow and stern with
such lines and in such manner as to assure the security of
the. vessel. (Ord 1430, 9/68) .
367
13. 12.140--13. ) .010
13. 12.140 Direct fueling prohibited. No person shall
fuel any vessel secured to or adjacent to a wharf, dock, sea-
wall or any pier with any petroleum product directly from a
tank wagon or truck. (Ord. . 1430, 9/68) .
Chapter 13.16
BEACH PARKING LOTS
Sections:
13.16 .010 Regulations .
13. 16 .020 Parking fee payment.
13.16. 030 Enforcement.
13. 16.010 Regulations . The following regulations will
apply to parking in any of the city-owned beach parking lots :
(a) Parking is allowed within designated spaces only.
(b) Parking lot hours shall be five a.m. to twelve
midnight.
(c ) There shall be no overnight parking.
(d) Any deviation from this section will be by permission
of the director of harbors and beaches .
(e) No loitering or obstructing of flow of traffic will
be allowed in the parking lot by any. person or persons .
(f) No vehicle shall obstruct any entrance in the
parking lot.
(g) No trailers or' similar vehicles will be. allowed in
the parking lot , from June 15th to September 15th of each
year.
(h) Fees for parking shall be established by resolution
of the city council.
(i) Any vehicle leaving the parking lot and returning
will be required to pay on reentering.
(j ) Number of parking permits per concession owner will
be determined by the director of. harbors and beaches .
(k) No house trailer or similar vehicle. is permitted in
any beach parking lot on Saturdays, Sundays or holidays. except
as provided for elsewhere in this Code.
(1) Parking of motor vehicles in the parking lot located
on the east side of the pier adjacent to the Fisherman Restaurant
shall be reserved for patrons of said Fisherman Restaurant .
(m) The director of harbors and beaches shall have the
authority to designate reserved parking areas iri city.-owned
beach parking lots .
(n) No unauthorized vehicle shall park in a reserved
parking area where signs are posted giving notice of such
reserved parking. (Ord. 1933, 8/74; Ord. 1743, 4/72; Ord.
1404, 4/68; Ord. 1328, 7/67; Ord. 1306, 3/67) .
368.
13. 16 . 020--13. 16 .030
13. 16 .020 Parking fee payment . No person shall cause
any vehicle to enter a city-owned or operated beach parking
lot without paying the established fee. Any violation of
this chapter is an infraction and punishable by a fine not
to exceed One Hundred Dollars ( $100) . (Ord. 1933, 8/74;
Ord. 1671, 1971; Ord. 1306, 3/67) .
13. 16 . 030 Enforcement . In addition to city of Hunt-
ington Beach police officers , sworn city personnel designated
by the city to be in charge of any city-owned beach parking
lot are authorized to enforce beach parking regulations .
(Ord. 1933, 8/74) .
(The next page is 369)
368-1
14. 0. 5. .,50--14 . 08.060
(a) Where there exists a dwelling on the rear of a lot ,
in front of which is another dwelling, one service may be
provided for such premises. The cost . of such water meter
Installation and service shall be paid .by. the owner or party
receiving service.
(b ) Where two .or more buildings owned, by the same person
are built upon the lot , said buildings may be. served by one
service pipe and one meter if approved by the water superintendent .
(Ord. 674, .11/57)
14. 08. 050 Property separation. . Whenever .one service pipe
and meter has been serving more than one occupancy on the same
parcel of property owned by one owner, and the property owner-
ship is severed, the .water superintendent may in his discretion
require separate service pipp. and meter for each occupancy.
(Ord. 674, 11f57)
14. 08.060 Interfering with pipes. No person shall, without
the permission of the water superintendent , or his duly appointed .
agents or employees, remove, change, disturb, or in any way
tamper with or interfere with any of the facilities, . apparatus ,
appliances or property used or maintained for the production,
storage or supply of water by the city to consumers thereof;
nor shall any person without the permission of the water super-
intendent install. any pipe, apparatus, appliance or connection
to any part of the system of water works in the city. (Ord. 674,
11/57)
Chapter. 14.12
FEES. RATES AND' DEPOSITS
Sections:
14.12. 010 Service fee.
14. 12. 020 Installation and meter- fees.
14. 12.030 Installation by applicant .
14.12. 040 Water rates=.-Designated.
14.. 12. 050 Water rates.--Construction purposes.
14. 12. 060 Water rates--Other uses .
14. 12. 070 Private fire service rates.
14.12. 080 Commodity adjustment clause.
14. 12. 090 Water service--Applications.
14.12.100 Water service--Turn on charges.
14. 12. 110 Water rates--Turn on.
14. 12.120 Water rates--Date due.
14.12. 130 Vacating premises.
14.12.140 Change of. address.
391
14. 12. 010--14 . . 020
i
Sections : (Continued)
14 .12 . 150 Renewing service.
14. 12. 160 Adjustment of rates .
. 14. 12. 170 Water fund.
14.12. 010 Service fee. The water department , as a condi-
tion to granting the application and furnishing water service
to the premises , is authorized to charge and shall collect in
advance the following sums for the purpose of reimbursing .the
city for the cost of the system and future replacements and
extensions thereof:
(a) The sum of Thirty Dollars .($30) for each dwelling
unit on parcels containing less than ten thousand (10,000)
square feet.
A "dwelling unit" shall be each residential quarter in
hotels, apartments and motels, and each trailer space providing
permanent facilities in trailer parks.
(b ) For any parcel containing ten thousand (10,000) square
feet of area or more, One Hundred Fifty Dollars .($150 ) per acre
or each fraction thereof, or Thirty Dollars ($30 ) per dwelling
unit, whichever is greater.
A "dwelling unit" shall be any unit defined in subsection
(a) above. . The charge of One Hundred -Fifty Dollars (.$150) per
acre shall apply to all commercial and manufacturing developments ,
and those portions of trailer parks which accommodate overnight
parking.
(c ) Those areas served by a water main constructed and
charged as determined by another ordinance or executed agreement
may be exempt from the dwelling unit charge in subsection (a) if
said other ordinance or agreement charge is greater than the
charge per subsection (a) . (Ord. 1100, 11/64; Ord. 1001, 9/63;
Ord. 723, 5/59; Ord.. 674 , 11/57)
14 . 12. 020 Installation and meter fees . In addition to
the fee set forth in Section 1 . 12. 010 a , the water department
shall charge and collect , in advance, the following amount for
the installation of water connections and meters : a sum equal
to the actual cost of labor and material in laying such service
line, including the cost of the meters, the cost of replacing
pavement , plus fifteen (15) percent for overhead. The cost
of such installation shall be estimated by the water department ,
and such estimated cost shall be paid by the applicant to the
water department before the work of connecting the main with the
property is commenced. Whenever the estimated cost is not
sufficient to cover the total expense for labor, material,
meters and overhead, the deficit shall be charged to the property
for which such installation was made and paid by the owner there-
of. Any excess payment shall be returned to the person applying
for installation. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57 ) 1.0
392
14. .. 010--14. 24. 020
subdivision. The deed to the city shall. be executed before
any such application shall be approved by the superintendent.
However, where water wells and equipment, as described above,
are used to supply water to additional land not. subdivided,
the city may allow such wells and equipment .to continue to
supply such unsubdivided portion until such time as such ,
,parcel is subdivided into four or more parcels of land
containing five (5) acres or less. (Ord. 6743% 11/57 ) .
Chapter 14. 24
WATER POLLUTION
Sections:
14.24. 010 Enforcement and administration.
14. 24. 020, Definitions.
14. 24. 030 Prohibited deposits.
14. 24. 035 Storm drain and sewer use.
. 14. 24. 040 Industrial waste disposal--Permit--Required.
14. 24. 050 Industrial waste disposal-'-Permit--Application.
14. 24. 060 Industrial waste disposal--Permit--Decision.
14. 24. 070 Industrial waste disposal--Issuance.
14.24.080 Industrial "waste disposal--Limitations.
14. 24. 090 Industrial waste disposal--Acts prohibited.
14. 24:100 Industrial waste disposal--Permit--Term.
14.24. 110 Industrial waste disposal--,Permit--Transfer.
14. 24.120 Compliance tests and inspections .
14. 24. 130 Cooperation by . other departments.
1.4. 24. 140 Enforcement.
14. 24. 150 Notice of violation,
14. 24. 160 Continued violation--Activity .cessation.
14. 24. 170 Permit--Suspension.
14. 24.180 Permit--Revocation.
14. 24.190 Permit--Revocation--Proceedings.
14. 24. 200 Permit--Revocation--Hearing.
14 . 24. 210 Hearing--Requests.
14. 24. 220 Hearing--Notice.
14. 24. 230 Hearing--Appearances.
14. 24. 240 Hearing--Decision.
14. 24. 010 Enforcement and administration. The county
of Orange and• all of its offices, employees and agents are
authorized and empowered to enforce. and administer the pro-
visions of this chapter within the. city of Huntington Beach,
_ California. (Ord. 1593, 8/70) .
14. 24. 020 Definitions. As .used in this chapter, unless
the context otherwise requires:
(a) "Department" means any department of the city or
the county of Orange,
(b) . "Director" means the duly appointed administrator
appointed by the board of supervisors of the county of .Orange.
405
14. 24. 030--14. . . 035
(c ) "Industrial waste" means any and all liquid or solid
waste substance not sewage from any producing, manufacturing
or processing operation of whatever nature. It shall include
sewage mixed with "industrial waste" ; however, it shall not
include domestic sewage from residences, business buildings
and institutions containing only waste from waterclosets,
wash water, baths and kitchens.
(d) "Pollution of underground or surface "waters" means
any condition resulting from the depositing . or discharging
of industrial waste which impairs or contributes to the
impairment of the usefulness of waters for human or animal
consumption or domestic, agricultural, industrial or recrea-
tional purposes, or any other useful purposes.
(e ) "Public agency" means and includes the United States
or any department or agency thereof, the state or any depart-
ment or agency thereof, county, city, public corporation,
municipal corporation or public district.
(f) "Public sewer" means the mainline sewer, publicly
owned or maintained, constructed in a street,. highway, alley,,
place or right-of-way dedicated to public use.
(g): "Sewage" means any .waste, .liquid or otherwise,
associated with human occupancy , of buildings including. sewage
effluent and water contaminated with offal, filth and feculent
matter:
(h) "Underground or surface water" means any surface
or subterranean stream, watercourse, lake or other body of
water, and shall include water' wells and any underground or
surface storage reservoir, whether natural or artificial.
(Ord. 1593, 8/70)
14. 24. 030 Prohibited deposits. No person shall discharge
or deposit or cause or suffer to be discharged or deposited
from any. source any industrial waste in a. manner which will
or .may cause or result in the pollution of any underground
or surface waters. (Ord. 1593, 8/70) .
14. 24. 035 ' Storm drain and sewer use. No person, firm
or corporation shall discharge or cause to be discharged any
sewage, waters, vapors or industrial wastes that have any one
of the following characteristics :
(a) Any gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid or gas;
(b ) Any ashes, cinders, sand, mud, straw, shavings, metal,
glass , rags, feathers, tar, plastic, wood, paunch manure, or
any other solid or viscous substance capable of causing obstruc-
tion to the flow in sewers or other interference with the proper
operation of the sewage or storm drain works;
(c ) Any industrial wastes containing a toxic or poisonous
i
substance in sufficient quantity to injure or interfere with
any sewage treatment process, constitute a. hazard to humans
or animals, or create any hazard in the receiving waters of
the sewage treatment plant;
(d) Any noxious or malodorous gas or substance capable of
creating a public nuisance;
406
14. 24. 035--14.2 350
(e) Any liquid or vapor having a temperature higher than
eighty-five degrees (850 ) Fahrenheit unless properly treated
for scale inhibition;
(f) Any industrial wastes which may contain more than
two hundred (200 ) parts per million, by weight, of fat, oil or
grease. (Ord. 1320, 6/67; Ord. 1253 , 4/66) .
14. 24. 040 Industrial waste disposal--Permit--Required.
No person shall discharge or deposit or cause or suffer to be
deposited or discharged any industrial waste . into or upon any
area in the city, or. into any underground or surface waters
in the city .where such -industrial waste is or may be deposited.
upon or may be carried through or over any area of the city
or county of Orange except in conformity with the provisions
of this chapter, and unless he shall have first secured, in
the manner hereinafter provided, a permit so to do from the
director; provided, however, a permit shall not be required
for the .discharge of industrial waste into a public sewer
with an ocean outfall. (Ord. 1593, 8/70) .
14. 24. 050 Industrial waste disposal--Permit--Application.
Applications for permits required hereunder shall be filed with
the director upon printed forms to be prescribed and supplied
by him. The director may require any additional information,
(The next ,page is 407)
406--1
14 . _ . . 060--14. 24.100
including plans and specifications which he may deem
necessary for the proper disposition of the application.
(Ord. 1593 (part) , 1970) .
14 . 24 . 060 Industrial waste disposal--Permit--Decision.
Within thirty days after the receipt of all of the information
requested of an applicant, the director shall either grant .
or deny the permit and shall immediately notify the applicant
by first class mail of the action taken. (Ord. 1593 (part) ,
1970) .
14 . 24 . 070 Industrial waste disposal--Permit--Issuance.
The director shall issue a permit for industrial waste
disposal if he determines that:
(A) The material to be discharged or deposited in the
manner proposed will not cause or result in the pollution of
any underground or surface waters, as herein prohibited; and
(B) Under existing circumstances and conditions it is
reasonable and necessary to dispose of the waste in the manner
proposed. (Ord. 1593 (part) , 1970) .
14 . 24 .080 Industrial waste disposal--Limitations .
The director may incorporate in any permit issued pursuant
to this chapter, such limitations or conditions as may be
reasonably necessary to effectuate the purpose of this chapter
and may from time to time, review the limitations or conditions
which have been incorporated in any permit theretofore issued,
giving consideration to changed conditions, and may, whenever
in his judgment it is advisable or required in order to
maintain the waters of the city and county free from pollution,
alter, revise, modify, delete or add further limitations or
conditions applicable to any permit theretofore issued. No
such alteration, revision, modification, deletion or addition
of limitations or conditions shall be effective, however, until
notice in writing thereof shall have been served upon the
permittee in the manner provided by Section 14 . 24 .150 .
(Ord. 1593 (part) , 1970) .
14 . 24 . 090 Industrial waste disposal--Acts prohibited.
A permit issued under this chapter does not authorize any
act or acts forbidden by any law, rule, regulation or order
of any public agency or department and such fact shall be so
stated on the face of all permits issued. (Ord. 1593 (part) ,
1970) .
14 . 24 .100 Industrial waste disposal--Permit--Term. A
permit for the disposal of industrial waste shall be valid
until suspended or revoked in the manner hereinafter provided.
(Ord. 1593 (part) , 1970) .
407
i
14. 24.110--14. 24. 1
14 . 24 .110 Industrial waste disposal--Permit--Transfer.
The director may transfer a permit to the successor in
interest of a permittee upon the filing by the successor in
interest of a written application therefor, together with
such evidence of transfer of title or interest as the director
may require; provided, however, a permit shall not be
transferable from one location to another. The director shall
immediately notify by first class mail, the person requesting
a transfer of a permit of the action taken. (Ord. 1593 (part) ,
1970) .
14 . 24 .120 Compliance tests and inspections. For the
purpose of securing compliance with this chapter, the director
shall make periodic tests of samples of industrial waste
obtained from the place or places of discharge or deposit,
and such other tests deemed necessary for proper administration
hereof. For the purpose of making such tests or inspections,
the director or his duly authorized deputies or agents shall
be permitted at all reasonable hours to enter any permises
or place where industrial waste is being or is proposed to
be discharged or deposited, or where there may be a violation
of this chapter. (Ord. 1593 (part) , 1970) .
14 . 24 .130 Cooperation by other departments. In carrying
out the duties imposed upon him, the director may request
and receive the aid of any other city or county department.
(Ord. 1593 (part) , 1970) .
14 . 24 .140 Enforcement. The director shall enforce this
chapter and shall , upon his own initiative or may upon the
complaint of any person, investigate any violation of this
chapter, or of any permit issued hereunder. For such purpose,
he shall have the powers of a peace officer. (Ord. 1593
(part) , 1970) .
14 . 24 .150 Notice of violation. Whenever the director
finds that any person is acting in violation of any provision
of this chapter or of any permit issued hereunder, he shall serve
upon the person causing or suffering such violation to be
committed, including the permittee, if a permit has been issued,
a notice of violation. The notice shall state the act or acts
constituting the violation and shall direct notice as the
director may deem reasonable. Unless otherwise expressly
provided, any notice under this chapter required to be given
by the board of supervisors or the director shall be in writing
and may be served either in the manner provided in the Code of
Civil Procedure for the service of process or by registered mail .
When service is by registered mail, the notice shall be sent
to the last address given to the director. (Ord. 1593
(part) , 1970) .
408
15. �:,. 090--14.24.130
in the city shall maintain or allow to. exist in connection
therewith any moving
parts of operating machinery in use
or intended to be used at. such oil well site, including all
drilling or production equipment , unless such machinery and
moving parts , is entirely enclosed .by a minimum six . (6) foot
high decorative - masonry wall with a gate' -for access, except
that upon filing an application to the commission for admin-
istrative action, .the commissi-on may approve the .use of
substitute materials which, for safety reasons, shall be at
least as secure as a chain link fence. The commission may
condition such approval. (Ord. 1653, 11/71; Ord. 1203,
5/66) .
15. 24. 090 Wall and .gates--Time of compliance. Within :
four years of the effective date of this title, the operator
of the oil operation site shall construct a. minimum six (6) foot
high decorative masonry wall with a gate for access, said
wall to be constructed. entirely around said oil operation
site, except that upon filing an application to the planning
commission for administrative action,. .the commission may- approve
the use of. substitute materials which, for safety reasons,
may be at least as secure as a chain link fence. The commis-
sion may -condition such approval. (Ord: 1653, 11/71; Ord. 1203,
5/66 ) .
15. 24.100 Locked gates required. The gates. to any oil
operation- site shall be locked. with_ a. padlock at all times
during which the ,oil operation site. is .unattended. (Ord.
1653, 11/71; Ord. 1203, 5166) . ,
15. 24. 110 Access to site. There shall be no more than
one point .of access to any oil operation site for each street
upon which the site may front unless an additional access
point is approved by the board of zoning adjustments upon
application for administrative review. (Ord. 1653, 11/71) .
15. 24.120 Landscaping required. Within four. (4) years
from the date of this chapter, all .front _setbacks and. exterior
side yards setbacks of areas which are created. by the placement
of a wall required by Section 15. 24. 080 shall be landscaped
and. permanently maintained. - All landscaping provided pursuant
to this section shall be approved by the board of zoning adjust-
ments . (Ord. 1653, 11/71) .
15. 24.130 Automatic sprinklers. Within four (4) years
from the date of this title, ..all landscaping installed on any oil
operation site shall be maintained` by an automatic sprinkler
system or other adequate irrigation system as approved by the
board of zoning adjustments upon application for administrative
.review. (Ord. 1653, 11/71) .
453
15 .24. 140--15 .e4. 160
15. 24. 140 Buried pipelines . No person or persons shall
lay or maintain any pipeline whatsoever leading from any
operation site that is not entirely buried beneath the
ground surface . (Ord. 1653, 11/71) .
15. 24. 150 Exceptions . The requirements of Sections
15 .24 .090 , 15 .2 . 120, 15 ,24 .130 and 15.24.140 are subject to
the following:
(a) The board of zoning adjustments, upon application
for administrative review filed by the oil operator, may
extend the time referred' to above for a period not to exceed
one (1) year upon approval of such application. The department
of oil field. control shall submit a. writt.en.. report. and rec-
ommendation to the board prior to the board' s action upon
such application. . No approval shall be given unless the
board finds that the extension of time for conformance of
the oil operation site with any one or more of the above re-
ferred to sections shall not . cause the oil operation site to
. be incompatible with the surrounding area for the period of
such extension. Such application may be conditionally approved
and the time for conformance. may be extended for an additional
one (1) year period provided requests for each such extension
are received before determination of the preceding one (1) year
period. Each such extension may be conditional.
(b) The board of zoning adjustments, upon application.
for a use permit filed by the. oil operator, may extend the
above period for conformance of any one or more of said sec-
tions for a period of two (2) or more years upon finding that
such extensions of time with respect to any one or more of
such sections shall not -make the oil operation site incompat-
ible .with surrounding areas for the period. of such extension.
The board may condition such use permit . (Ord. 1653, 11/71) .
15. 24 .160 Failure to comply. Failure to comply with
the time period set out . above in Sections 15 .24 .090, 15. 24. 120,
15. 24.130 and 15 .24. 140 shall result in a public nuisance
upon the oil operation site whereon such failure occurs., and
may be abated as such by appropriate civil or criminal action.
(Ord. 1653, 11%71)'.
Chapter 15. 28
WASTE WATER SYSTEM
Sections :
15.28.010 Sewer connection permit.
454
t�
e ;r
HUNTINGTON BEACH MUNICIPAL CODE CHANGES
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PLEASE REMOVE FROM CODE PLEASE ADD TO CODE
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477✓ 477 ✓
479'' 479
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480-7
480-9
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(Effective 1/15/76)
5 . 010
}
i
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters :
5 . 04 General Provisions
5 . 0b Licensing Procedures
5 . 10 Enforcement of Title
5 .12 Exemptions to Provisions
5 . 16 Rates
5 . 20 Ambulance Service
5 . 24 Bathhouses--Massage Parlors i
5.28 Dance Halls
5 . 32 Oil Production
5.3T Pawnbrokers, Junk Dealers and Secondhand Dealers
5.70 Private .Patrol Service
5.4� Restaurants--Amusement and Entertainment Premises
5. ►6 Taxicabs--Vehicles For Hire
5 . 52 Motion Picture Theaters
5. 56 Burglary and Robbery Alarm Businesses
Chapter 5 .04
GENERAL PROVISIONS
Sec•tfons :
5 . 04 . 010 Definitions .
5 . 04 . 020 Purpose.
5 . 04 . 030 Effect on other ordinances .
5 . 04 . 040 Effect on past actions and obligations .
5 . 04 . 050 Prohibited occupations .
5 . 04 . 060 Permit from council required for certain
businesses.
5 . 04 . 070 Permit--Petition.
5 . 04 . 080 Investigation fees.
5 . 04 . 090 License not a permit .
5 . 04 . 010 Definitions .
a Apartment house, " as used in this chapter, includes
any building, or portion thereof, which is designed, built ,
rented, leased, let or hired out to be occupied, or which is
occupied as the home or residence of three or more families
living independently of each other, in which building or portion
thereof, kitchen or cooking facilities are incorporated, whether
or not the occupants do their cooking in said building, and
shall include flats and apartments .
81
1
T
5. 04. 010
(b ) "Average number of employees," as used in this chapter,.
includes the total number of employees in the managing, operation,
transacting and carrying on of any business in the city.. The
average number of employees for any business having a fixed
location in the city means the average number of persons employed
daily for the twelve month period ending on- the December 31st
next preceding the date of license application, and shall be
determined by ascertaining the total number of hours of service
performed by all employees during such year, and dividing the
total number of 'hours of service thus obtained by the number
of hours of service. constituting a day' s work, according to the
custom or laws governing such employments , and by again dividing
the sum thus obtained by the number of' business days in such
year. Provided further, that the average number of employees
for any business not having a fixed location in the city means
the number of persons employed daily for the period during which
the applicant for a license conducts such business , and shall
be determined by ascertaining the total number of hours of
service performed by all employees during the three days , or
less, on which the greatest number of persons is employed,
and dividing the total number of hours of service thus ob-
tained by the number of hours of service constituting a day' s
work, according to the custom or laws governing such employ-
ments , and again dividing the sum thus obtained by the number
of business days upon which the total hours of service is based.
(c ) "Bulk-vending machine," as used in this chapter,
means a nonelectrically-operated vending machine, containing
unsorted confections, nuts or merchandise which, upon insertion
of a coin or coins , dispenses same in equal portions, at ran-
dom and without selection by the customer, excluding "vending
machines . "
(d) "Business , " as used in this chapter, includes pro-
fessions, trades , and occupations and all and every kind of
calling whether or not carried on for profit .
(e) "General .building contractor," as used in this
chapter, means a contractor whose principal contracting business
is in connection with any structure built, being built or to be
built , for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind, requiring in its con-
struction -the use of more than two unrelated building trades
or crafts or to do or superintend the whole or any part there-
of.
(f) "General engineering contractor," as used in this
chapter, means a contractor whose principal contracting busi-
ness is in connection with fixed works requiring specialized
engineering knowledge and skill, including the following di-
visions or subjects : Irrigation, drainage, water power, water
supply, flood control, inland waterways , harbors, docks
82
1
5 .4,, . 380--5 . 52.020
5 . 48 . 380 Driver' s permit--Revocation. The chief of
police may revoke or suspend any such driver' s permits so is—
sued for any violation of the provisions of this chapter by
the holder of such permit or for the .existence of any state
of facts which would have been a good reason for denying such
permit when applied for, whether such facts existed at the time
application was made for such permit or came into existence
thereafter. (Ord. 1368, 11/67)
5 . 48. 390 Driver' s permit--Refusal--Appeal. In the
event of a refusal; revocation or suspension of any driver's
permit by the chief of police, the applicant or permittee may
appeal from the decision to the city council, which may in its
discretion affirm, reverse or modify the decision made by the
chief of police . (Ord. 1368, 11/67)
5 . 48. 400 Permit and certificate nontransferable . No
certificate or permit issued under the terms of this chapter
shall be transferable either by. contract or operation of law
without the permission of the city council having been first
obtained. (Ord. 1368, 11/67)
Chapter 5 . 52
MOTION PICTURE THEATERS
Sections :
5. 52 .010 Exemptions--Noncommercial exhibitions .
5. 52. 020 Permit--Requirement .
5. 52 .030 Permit--Application.
5. 52 . 040 Building prerequisites .
5 .52. 050 Permit prerequisite to license .
5 . 52. 010 . Exemptions--Noncommercial exhibitions . The
permit provisions of this chapter shall not apply to any motion
picture exhibition room or auditorium in any school building or
premises of any religious organization in this city which
exhibition is being conducted under authority and direction of
such school or religious organization. (Ord. 1894, 1/74; Ord.
152 , 2/15 )
5 . 52. 020 Permit--Requirement . No person shall hold,
conduct or carry on, or cause or permit to be held, conducted,
or carried on, any motion picture exhibition, or any enter—
tainment at which motion pictures are exhibited, without a
I
159
t
5 . 52. 030--5. 52. L _ j
permit therefor in writing, granted by the council, as herein-
after provided. (Ord. 152, 2/15)
5 . 52. 030 Permit--Application. Any person desiring to
obtain a permit to hold, conduct, or carry on a motion picture
exhibition, or any entertainment at which motion pictures are
. exhibited, shall file an application in writing therefor with
the council, specifying the place where such exhibition or
entertainment is proposed to be held, conducted or carried on,
which said application shall be signed by the applicant .
(Ord. 1523% 2/15)
5. 52. 040 Building prerequisites . No permit to hold,
conduct or carry on a motion picture exhibition, or any en-
tertainment at which motion pictures are exhibited shall be .
granted by the council unless the building or room in which
said exhibition or entertainment is to be held or carried on,
shall conform to all of the provisions of the Uniform Building
Code and the Uniform Fire Code and any future amendments or
additions appertaining thereto. (Ord. 1894 , 1/74 ; Ord. 152,
2/15)
5. 52. 050 Permit prerequisite to license. The city clerk
shall not issue any license to hold, conduct or carry on a
motion picture exhibition, or any entertainment at which motion
pictures are exhibited, until the council shall have granted
a permit therefor, as provided in this. chapter. (Ord. 152, 2/15)
Chapter 5. 56
BURGLARY AND ROBBERY ALARM BUSINESSES
Sections :
5. 56. 010 Purpose.
5. 56 . 020 Definitions .
5. 56. 030 Application for permit by alarm business .
5. 56 . 040 Permit--Fees.
5. 56. 050 Permit--Effective period.
5 . 56. 060 Permit--Renewal .
5. 56. 070 Permit--Application.
5 . 56. 080 Permit application--Denial--Appeal procedure.
5. 56. 090 Permit--Revocation.
5. 56 . 100 Permit--Revocation--Hearing.
5. 56 . 110 Permit--Revocation--Appeal.
5. 56 . 120 Identification cards--Application.
5. 56 . 130 Identification cards--Temporary.
5. 56 .140 Identification cards--Exemption.
160
1 5. 5r 110--5 .56. 020
Sections : (Continued)
5. 56 . 150 Identification cards--Fees .
5. 56. 16o Identification cards--Denial.
5 . 56. 170 'Identification cards--Denial--Appeal.
5 .56. 180 Identification cards--Revocation.
5. 56. 190 Identification cards--Revocation--Hearing.
5.. 56 . 200 Identification cards--Revocation--Appeal.
5 . 56. 210 Identification cards--Form.
5. 56 . 220 Identification cards--Return.
5. 56 . 230 Administrative rules.
5. 56. 240 . Alarm systems standards.
5. 56 . 250 Automatic dialing device.
5 . 56. 260 Automatic dialing device--Intermediary service .
5. 56. 270 Automatic dialing device--Standards .
5. 56 . 280 Automatic dialing device--Operating instructions .
5. 56. 290 Automatic dialing ,,device--Service.
5. 56 . 300 Inspections . �
5. 56. 310 Inspections--Discl`fsure of business information.
5. 56 . 320 Violations--Report :
5. 56 . 330 Required information--Alarm business . .
5 . 56 . 340 Required informatioZ--Alarm user.
5 . 56. 350 Alarm business--Opel,ator instructions .
5: 56 . 360 Alarm business--Ser•lice standards .
5 . 56 . 370 Alarm business--Insr_�!ction records.
5. 56 . 380 Alarm system--Testis ; of equipment .
5 . 56 . 390 Notice of disruption' in service.
5 . 56 . 400 Central stations--Standards.
5. 56. 410 Answering services--Standards .
5. 56 . 420 False alarms .
5. 56 . 430 Penalties for violation.
5 . 56 . 010 Purpose. The declared purpose of this chapter
is to provide definitions and adopt uniform regulations for the
selling, leasing, installing, repairing, maintaining, testing
and operating of emergency reporting equipment; providing re-
strictions on emergency reporting terminated locally, keyed to
certain intermediaries , or keyed direct to the police department ;
requiring current list of installations from alarm equipment sup-
pliers; providing operational limits and requirements; requiring
instructions on operation to be furnished; requiring repair serv-
ice to be available and operational defects to be remedied;
authorizing city officials to inspect installations; regulating
the issuance of permits to alarm equipment suppliers and certi-
fication of alarm business employees; and providing for en-
forcement and administration of all regulations and requirements
of this code. (Ord . 2025 , 15 Jan 76)
5 . 56. 020 Definitions .
(a) "Alarm agent" shall mean any person employed by a.n
alarm business whose duties include the altering, installing,
161
5. 56 . 020
maintaining, moving, repairing, replacing, selling, servicing,
responding to , or causing others to respond to an alarm device.
(b ) "Alarm business" shall mean any business operated by
a person for a profit which engages in the activity of altering,
installing, leasing, maintaining, repairing, replacing, selling,
servicing or responding to a burglar or robbery alarm system, or
which causes any of these activities to take place.
(c ) "Alarm system" shall mean an assembly of equipment and
devices (or a single -device such as a solid state unit ) designed
and arranged for the detection of entry, attempted entry or in-
trusion at the specified location or for alerting others of the
commission of robbery, or both, to which police response is ex-
pected.
(d) "Alarm user" shall mean any person on whose premises
an alarm system is maintained within this city except for alarm
systems on motor vehicles or proprietary systems . If, however,
an alarm system on a motor vehicle is connected with an alarm
system at a premises other than a proprietary system, the person
using such system is an alarm user . Also excluded from this
definition and from the coverage of this chapter are persons
who use alarm systems to alert or signal persons within the
premises in which the alarm system is located, of an attempted
unauthorized intrusion or robbery attempt . If such a system,
however, employs an audible signal emitting sounds or a flashing
light or beacon designed to signal persons outside the premises,
such system shall be within the definition of alarm system and
shall be subject to this chapter.
(e) "Answering service" shall mean a telephone answering
service providing among its services the service of receiving
on a continuous basis through trained employees, emergency signals
from alarm systems , and thereafter immediately relaying the mes-
sage by live voice to the communications center of the police
department .
(f) "Automatic dialing device" shall mean an alarm system
which automatically sends over regular telephone lines, by di-
rect connection or otherwise a pre-recorded voice message or
coded signal indicating the existence of the emergency situation
that the alarm system is designed to detect .
(g) "Audible alarm"shall mean that type of alarm system
which, when activated, sounds a bell or buzzer at the immediate
location of the alarm installation. P
(h) "Burglar alarm" shall mean an alarm system signaling
entry , attempted entry or intrusion on or into any building,
place or premises.
I
162
' t 1
56. 030
(i ) "Central. station" shall mean a centralized location
directly controlled by an alarm business, in which the operations
of electrical protection circuits and devices are transmitted to,
recorded in, maintained, and supervised.
(j ) "Intrusion" shall mean any unauthorized entry on or
into any building, place or premises.
(k) "Private line" shall mean a telephone line leased for
. .the express purpose of transmitting .alarm signals between the
subscriber' s location to a central station, answering service
or the police department .
(1 ) "Proprietary system" shall mean an alarm system sound-
ing and/or recording alarm and supervisory signals at a control
center located within the protected premises, the control center
being under the supervision of the proprietor of the protected
premises. If a proprietary system includes a signal line con-
nection to a police communication center, a central station,
modified central station or answering service, it thereby be-
comes an "alarm system" as defined in this chapter..
(m) "Robbery" shall mean the crime of robbery as defined
in the California Penal Code Section 211.
(n) "Signal line" shall mean the transmission line through
which the signal passes from one of the elements of the signal
transmission to another.
(o) "Silent alarm" shall mean that type of alarm system
which, when activated, sounds a bell or buzzer or turns on a
light or otherwise records alarm activation at a predesignated
place other than the location where the alarm has been installed.
(p) "Subscriber" shall mean a person who buys and/or leases,
or otherwise obtains an alarm signaling system and thereafter con-
tracts with or hires an alarm business to monitor and/or serv-
ice the alarm device .
(q) "Telephone company" shall mean the utility that fur-
nishes telephone services to the city.
(r) "UL" shall mean the abbreviation for Underwriters '
Laboratories .
5 . 56. 030 Application for permit by alarm business . Any
person engaging in an alarm business in the city shall, within
thirty (30) days after the effective date of this chapter, apply
to the police chief fora permit to operate an alarm business .
Such -application shall be submitted on a form provided by the
163
! T.
5. 56. 040
police chief, and shall be made by the individual proprietor of
such business , or by a partner, or by the proper corporate of-
ficial, as is appropriate for the form of the business seeking
the permit , and shall include:
(a) The name, address, and telephone number of the alarm
business , and the type of business organization it is (individual
partnership, or corporation) . If the business is under an in-
dividual proprietor, the name, address and telephone number
of owner; if a partnership, the name, address and telephone
number of each partner (general, limited, silent, etc . ) ; if
a corporation, the names and addresses of the directors ,
principal officers and stockholders (any stockholder holding
more than twenty (20) percent of the corporation' s authorized
and issued stock) , and the state where incorporated.
(b ) Certification that within ninety (90 ) days after the
effective date of this chapter or upon .receipt of notice of ap-
proval of a permit application, whichever date occurs later,
the alarm business shall maintain a description of the alarm
system and devices offered for sale or lease to the public,
and a description of any services related to alarm devices
offered to the public .
(c ) Certification that within ninety (90) days after the
effective date of this chapter, or upon receipt of notice of
approval of a permit application, whichever date occurs later,
a complete list of the names and addresses of all persons in
the city to whom or for whom alarm systems have been sold and
who are currently under contract to the alarm business for
services on or after the effective date of this chapter shall
be maintained for inspection by the police chief during the
course of his official business .
(d) A complete list of criminal convictions, if any, ex-
cept for minor traffic offenses, of the applicant, or a list
of criminal convictions, if any, except for minor traffic of-
fenses , of each partner, officer, or local office manager,
if the applicant is other than an individual.
(e) A statement that the applicant will inform the
police department within ten (10 ) days after any substantial
c� nge7�n the information required by this section. (Ord. 2025,
an
5 . 56. 040 Permit--Fees. Permit applications shall be
accompanied by a nonrefundable fee of Fifteen Dollars ($15)
to cover the costs to the city of processing the application
and investigating the applicant . (Ord. 2025 , 15 Jan 76)
164
5. 56 )0--5.56. 070
5- 56. 050 Permit--Effective period. Applicants already
doing business in the city on the effective date of this chapter
may continue to do business while their permit applications are
being processed. An applicant not previously doing business in
the city on the effective date of this chapter shall not com-
mence doing business until his application is approved.
The permit shall be valid for a period of one (1) year.
Any permit or fee required to be obtained or, paid pursuant
to this chapter shall be in addition to any .other 'license
or fee required to be obtained or paid pursuant to this code,
provided, no permit. shall be ,.construed to .authorize the con-
duct of any business prohibited by law, or to conduct any
business in a manner prohibited by law or which has been de-
clared illegal, or to constitute a nuisance by any governmental
authority. (Ord . 2025 , 15 Jan 76)
5 . 56 . 060 Permit--Renewal. It shall be the responsibility
of the alarm business to apply for renewal of the permit at
least ten (10) days prior to the expiration of any existing per-
mit . The renewal application. shall be accompanied by a nonre-
fundable fee of Ten Dollars ($10 ) . (Ord . 2025 , 15 Jan 76)
5 . 56. 070 Permit--Application. The police chief shall
cause a report on the applicant to be prepared based on the
information contained in the application together with such
other relevant information as. may be obtained pertaining to the
applicant and his business.. On the basis of this report, the
police chief shall, within sixty (60 ) days after the receipt
of an application for an alarm business permit, either approve
or deny the issuance of a. permit . Upon making a decision, he
shall :
(a) In the case of approval; notify the applicant , .in
writing of the approval and inform him that upon presentation
of the notice of approval to the license department and the
payment of the required fee, the applicant will be issued a
permit to operate .
(b ) In the case of denial, notify, the applicant , in
writing of the denial and of the basis for the denial . If
the basis for the denial can be corrected, the denial notice
shall so state and shall explain how these corrections may
be made and set a reasonable time limit for making such cor-
rections . The notice of denial shall inform the applicant
that he may appeal the denial and set forth the procedure for
appeal. . (Ord . 2025 , 15 Jan 76)
165
5. 56. 080--5. 56. lL
5 . 56. 080 Permit application--Denial--Appeal procedure.
The procedure for appeal following a denial of an application is
as follows :
I
(a) Within ten (10) days after receipt of the notice of
denial, the applicant shall file a notice of appeal with the
city clerk addressed to the city council and stating the basis
of the appeal.
(b ) Such hearing shall be held within thirty (30) days
of the filing of the notice of appeal. The city clerk shall
cause the applicant to be given notice of the hearing by cer-
tified mail at least seven (7) days in advance of the date of
the hearing. The applicant , or his designated representative,
may appear before the city council and make an oral presenta-
tion of his appeal, or he may make the appeal through a written
statement , or he may do both. The city council shall rule on
the appeal within twenty (20) days after it is heard, and such
ruling shall be final. (Ord. 2025 , 15 Jan 76)
5. 56 . 090 Permit--Revocation. In addition to any pen-
alties which may be imposed for the violation of certain pro-
visions of this chapter, the city may, pursuant to the provi-
sions of this section, revoke the permit of an alarm business
on any of the following grounds :
(a) Fraud or wilful . and knowing misrepresentation or
false statement made in an application for a permit .
(b) Fraud or wilful and knowing misrepresentation or
false statement made in the conduct of an alarm business .
(c ) Failure to correct any deficiencies in equipment
or operation within thirty (30) days after receipt of notice
of same from the police chief, or within a reasonable time
if the deficiencies cannot be corrected within the said thirty
(30) days .
(d) Failure to comply within a reasonable time with
any order or notice issued by the police chief after the
permittee ' s rights to hearing and appeal have been exhausted,
or failure after reasonable notice to permit the police chief
to inspect any lists which he is authorized to inspect under
this chapter, or failure to comply with the standards imposed
by this chapter within a reasonable time after notice or order
from the police chief or the city attorney. (Ord. 2025, 15 Jan 76)
5. 56 . 100 Permit--Revocation--Hearing. No alarm business
permit shall be revoked until a hearing is held by the police
166
5. . 110
a
chief. Written notice of the time and place of the hearing
i
shall be served on the holder of the permit at least ten (10 )
days before the date set for the hearing. The notice shall
set forth a summary of the grounds advanced as the basis for
the revocation of the permit .
At the hearing, the holder of the permit, or his autho-
rized representative shall be given an opportunity to confront
and examine .any adverse witness , and to present evidence on
his own behalf. After the hearing, the police chief shall
either dismiss the complaint or notify the license depart-
ment that the permit should be revoked according to section
5 . 56 . 090 . In either event, the police chief shall cause the
holder of the permit to be given notice in writing of his de-
cision within ten (10 ) days after making it . (Ord. 2025, 15 Jan 76)
i
5 . 56. 110 Permit--Revocation--Appeal. The procedure for
appeal of a permit revocation is as follows :
i
(a) Any person whose permit is revoked pursuant to sec-
tion 5. 56 . 090 of this chapter shall have the right within ten
(10) days after receiving notice in writing of the revocation
to file a notice of appeal with the city clerk addressed to the
city council. Such appeal shall set forth in detail the spe-
cific ground or grounds on which it is based.
(b ) Such hearing shall be held within thirty (30) days of
the filing. of the notice of appeal. The city clerk shall cause
the applicant to be given notice of the hearing by certified
mail at least seven (7) days in advance of the date of the hear-
ing. The applicant may appear before the city council and the
applicant , or his designated representative, may make an oral
presentation of his appeal, or he may make the appeal through a
written statement , or he may do both. The city council shall
rule on the appeal within seven (7) days after it is heard, and
such ruling shall be final.
(c ) Within ten (10) days after an alarm business has
exhausted all appeals with respect to such revocation, the
permittee shall notify all .persons for whom it is required
to maintain a list pursuant to section 5. 56 . 030 (c ) of this
chapter of such revocation, and the notice shall advise such
persons that the alarm business must cease providing service
for or selling burglar and robbery alarm systems to such
persons within thirty (30 ) days after they receive notice
of revocation. For the purposes of this section, any alarm
business other than a central station, modified central sta-
tion or telephone answering service may satisfy the notice
167
5. 56.120
requirements by placing an advertisement in a newspaper or
newspapers published in the geographic areas in which its
customers. are located, which advertisement shall be in a
form prescribed by the police chief. Such advertisement should
appear at least one day a week f6r three (3) successive weeks.
When the notice required by this subsection has been completed,
the alarm business shall submit a sworn certificate to the
police chief that it has met the requirements of this sub-
section. (Ord . 2025 , 15 Jan 76)
5. 56. 120 Identification cards--Application. Every
alarm agent employed by an alarm business within this city
shall be required to obtain an identification card from the
police chief. Until the police chief acts upon the appli-
cation of an alarm agent for an identification card, an alarm
business may issue a temporary identification card, as pro-
vided in section 5 .56 . 130. The owners, managers, corporate
officers and partners of all alarm businesses are also re-
quired to obtain identification cards from the police chief
if they directly engage in selling, installing, servicing,
maintaining or responding to alarm systems within the city.
Any person who is not an alarm agent who, as an employee of
a licensed alarm business, has access to confidential in-
formation of an alarm user, or to monitoring radio equipment,
must also obtain an identification card. Within thirty (30)
days of the effective date of this chapter, alarm agents and,
if required by this section, owners, managers, corporate of-
ficers and partners, shall submit applications to the police
chief for identification cards . The application for the
identification card shall be in a form prescribed by the
police chief and shall include the following:
(a) The applicant ' s full name and any aliases or other
names previously used, residence and business addresses and
telephone numbers.
(b) The applicant ' s date and place of birth.
(c ) A list of all felony and misdemeanor convictions of
the applicant.
(d) Two (2) classifiable sets of fingerprints .
(e ) Two (2) photographs of the applicant taken by
the police department .
(f) The name and address of the alarm business where
the applicant is or will be employed.
168
. 56.130
(g) The applicant ' s employment record for the prior
three (3) years .
(h) A statement that .the applicant will inform the
police chief of any change in the above information or the
termination of the applicant ' s employment by the alarm busi-
ness within ten (10) days of such change.
(i ) Any other information which the police chief may deem
necessary to determine whether the applicant for an identifi-
u Jan erd meets the requirements of this chapter. (Ord. 2025,
5 . 56. 130 Identification cards--Temporary . A temporary
identification card may be issued by an alarm business for
its alarm agents or any other person required to obtain an
identification card in section 5. 56 .120 prior to the obtain-
ing of an authorized identification card from the police chief.
The form for temporary identification cards shall be prescribed
by the police chief and shall provide for the following:
(a) The name of the alarm agent or card holder.
(b ) The home address of the alarm agent or card holder.
(c ) The name and address of the alarm business for which
the alarm agent or card holder is employed.
(d) The date upon which the alarm agent. or card holder
commenced employment with the alarm business and the expiration
date . of the temporary identification card.
(e) A recent photograph of the alarm agent or card holder.
Prior to .employing an alarm agent , an alarm business shall
require the names of at least two (2) references and the names
and .addresses of employers for the past three (3) years of such
person and shall make reasonable and prudent inquiries prior to
issuing a temporary identification card to determine whether the
person applying for employment meets the requirements of this
section. If the alarm business has reason to believe that
the applicant does not meet the requirements of this section,
no temporary identification card shall be issued by the alarm
business . Within fourteen (14 ) days of the commencement of
employment with an alarm business, any new alarm agent must
submit an application to the police chief for a permanent
identification card under this section.
The temporary or permanent identification card required
by this section shall be carried by a person required to ob-
169
l
5 . 56. 140--5. 56. 18.
tain an identification card whenever such person is engaged
in the business of the licensee and shall be exhibited at
the demand of any lawful authority. (Ord. 2025, 15 Jan 76)
5 . 56. 140 Identification cards--Exemption. An alarm agent
shall not be required to obtain an identification from the police
chief if he currently holds a valid alarm agent identification
card from any other California law enforcement agency if. such
governmental agency requires its alarm agents to -meet the same
general qualifications of this section, and requires an alarm
agent to obtain and carry an identification card in the. same
general form as required by this chapter. (Ord. 2025, 15 Jan 76)
5 . 56 . 150 Identification cards--Fees. Application for
an identification card must be accompanied by a Ten Dollar
($10) fee to cover costs of processing the application and
investigating the applicant . (Ord. 2025, 15 Jan 76)
5 . 56 . 160 Identification cards--Denial. The police chief
shall cause a report on the applicant to be prepared based
on the information contained in, the application together with
such other relevant information as may be obtained pertaining
to the applicant . No identification card shall be issued if:
(a) The applicant has been convicted of a felony (or
misdemeanor involving moral turpitude) .
(b ) The application contains any false statements made
wilfully and knowingly.
(c ) The applicant is not employed as an alarm agent or
is not to be employed as an alarm agent by an alarm business
if he is issued an identification card.
If the application is approved, the police chief shall
��rdSe 025,E e5 Jan 7 j�on card. to be issued to the applicant .
5 . 56 . 170 Identification cards--Denial--Appeal. If the
application is denied, the police chief shall notify the ap-
plicant , in writing, of the denial and of the basis .for the
denial . The notice -of denial shall inform the applicant
that he may appeal -the denial and set forth the procedure
for appeal. The procedure for appeal shall be the same as
that provided in Section 5. 56. 200 . (Ord. 2025 , 15 Jan 76)
5. 56 . 18o Identification cards--Revocation. In addi-
tion to any penalties which may be imposed for the violation
of provisions of this chapter, the city may, pursuant to the
provisions of this section, revoke the identification card
of an alarm agent on any of the following grounds:
170
5 . 56 . 1 --5. 56. 210
(a) . Fraud or wilful and knowing misrepresentation or
false statement made in an application for an identification
card.
(b ), Fraud or wilful. and knowing misrepresentation or
false statement made while employed as an alarm agent .
(c ) Conviction of a felony or of a misdemeanor which
reflects unfavorably upon the card holder' s fitness to be
an alarm. agent . (Ord. 2025, 15 Jan 76)
5 . 56. 190 Identification cards--Revocation--Hearing.
No identification card shall be revoked until a hearing is
held by the police chief. Written notice of the time and
place of the hearing shall be served on the holder of the
identification card at least ten (10) days before the date
of the hearing. The notice shall set forth a summary of the
grounds advanced as the basis for the revocation of the iden-
tification card. .
At the hearing before the police chief, the holder of
the identification card shall be given an opportunity to
confront and examine any' adverse witness, and to present
evidence in his own behalf. Within ten (.10) days after the
hearing, the police chief shall either dismiss the complaint
or revoke the identification card. In either event, such
notification shall be in writing. (Ord. 2025 , 15 Jan 76)
5 . 56 . 200 Identification cards--Revocation--Appeal.
Within ten 10 days after receipt of the notice of revoca-
tion, the applicant may file a notice .of appeal with the city
clerk addressed to the city council and stating the basis of
the appeal.
Such hearing shall be held within thirty (30 ) days of the
fling of the notice of appeal. The city clerk shall cause the
holder to be given notice of the hearing by certified mail at
least seven (7) days in advance of the date of the hearing. The
holder may appear before the city council and the holder, or his
designated representative, may make an oral presentation of his
appeal, or he may make the appeal through a written statement,
or he may do both. The city council shall- rule on the appeal
within seven (7) days after it is heard, and such ruling shall
be final. (Ord. 2025 , 15 Jan 76Y
5. 56. 210 Identification cards--Form. An identification
card issued by the police chief shall contain a recent photo-
graph of the applicant, the date of issue, the applicant 's
signature, a statement- that the card is valid for two (2)
171
5. 56. 220--5. 56. _40
years from the date of issue and such other information as
the police chief may in his discretion require . All identi-
5 Jan on cards shall be consecutively numbered. (Ord. 2025,
76)
5. 56 . 220 Identification cards--Return. An applicant
shall return an identification card to the issuing agency
or business upon termination of his employment with an alarm
business . An alarm business shall return to the police chief
an identification card issued by the police chief upon ter-
mination of the employment of the alarm agent . Any person who
violates or wilfully fails to comply with this section is
guilty of a misdemeanor. (Ord. '2025 , 15 Jan 76)
5 . 56. 230 .. Administrative rules. The police chief shall
promulgate such rules as may be necessary for the implemen-
tation of this chapter and for determination of grounds for
clerical suspension, or revocation of any license or permit
required by this chapter. The rules shall be approved by the
city administrator and city council. (Ord. 2025 , 15 Jan 76)
5 . 56 . 240 Alarm systems standards. The following stand-
ards shall apply to alarm systems :
(a) Within six (6) months after the effective date of
this chapter, all alarm systems shall . utilize equipment and
methods of installation approved by Underwriters Laboratories
or otherwise approved by the police chief. '
(b) In those instances where Underwriters Laboratories
has not established standards for categories of equipment
or where new equipment is undergoing field testing, the police
chief may require that the alarm system be inspected at the
expense of the alarm business or alarm user by a professional
electrical engineer who shall certify whether the alarm system
appears to be safe and reliable.
(c ) The central control unit of the alarm system shall
be protected by a key locking device and intrusion sensing
mechanisms .
(d) Reasonable precautions shall be taken to reduce
power noises and surges in the alarm power supply which may
cause false alarm activation.
i
(e ) Early warning devices may and should be installed
in those alarm systems where the alarm users ' procedures or
environment warrant such protection from indiscriminate alarm
activations .
(f) The alarm system shall be completely separate from
all other alarm systems reporting fire or any other hazard
not authorized by this chapter. (Ord. 2025 , 15 Jan 76)
172
5. 56. 25_ -5. 56. 280
i
i
5. 56 . 250 Automatic dialing device. No person shall use
or cause to be used any telephone device. or telephone attach-
ment that automatically selects a public telephone line of
the city of Huntington Beach, the police department or the
telephone company operators, and then reproduces any pre-
recorded message to report a burglary, robbery or any other I
emergency of any nature. (Ord. 2025 , 15 Jan 76)
5. 56. 260 Automatic dialing device--Intermediary services .
Persons owning or leasing an automatic dialing device may �
have the device interconnected to a telephone line transmitting
directly to a central station, the alarm user' s residence or
secondary place of business, or a licensed answering . service.
The relaying of messages of intermediate services to the police '
denartment shall .be over a public telephone, except that central
stations may relay messages over a direct line. (Ord. 2025, 15 Jan 76)
5 . 56 . 270 Automatic dialing device--Standards . Automatic
dialing devices installed 'on any premises within the city shall
meet the following minimum standards :
i
(a) The contents of the recorded message to be trans- i
mitted by such device must be intelligible and in a format i
approved by the police chief as appropriate for the type
of emergency being reported.
i
(b ) The sensory apparatus and hardware comprising such
devices shall be maintained by the owner or lessee in such
physical condition that false alarms will be minimized. (Ord.
2025, 15 Jan 76) I
5. 56 . 280 Automatic dialing device--Operating instruc-
tions . Every alarm business selling or leasing to any person
an automatic dialing device which is installed on such per-
son' s premises in the city after the effective date of this
chapter, shall furnish that person with instructions that pro-
vide adequate information to enable persons using such device
to operate it properly and, if, the device is to be serviced
or maintained by another alarm business , shall furnish such
other alarm business with a manual or other information nee-
essary to enable it to service or properly maintain such de- I
vice.
I
If the police chief reasonably finds such information
to be incomplete or unclear, or inadequate to explain how
the device operates and is constructed, he may require the
alarm business to revise the information to meet his ap'-
proval, and then to distribute the revised information to !
persons who have had such devices installed as well as to
persons subsequently having such devices installed. (Ord.
2025, 15 Jan 76)
173
5 . 56 . 290--5. 56. 33
5 . 56 . 290 Automatic dialing device--Service. Every
alarm business selling or leasing to any person an automatic
dialing device which is installed on such person' s premises
in the city shall provide or make available at all times
service to repair such device should it malfunction, and
shall furnish to the person buying or leasing such device
written information concerning how service may be obtained
at any time, including the telephone number to call for
service . (Ord. 2025, 15 Jan 76)
5. 56. 300 Inspections . The police chief shall have
the authority, at reasonable times and upon reasonable oral
notice, to enter any premises in the city in or upon which
alarm systems or alarm businesses subject to this chapter
are located, to inspect the installation and/or operation
of such alarm systems or alarm businesses on official police
business . (Ord. 2025, 15 Jan 76)
5 . 56 . 310 Inspections--Disclosure of business information.
No city official or employee shall knowingly or wilfully re-
veal any business information obtained during any inspection
other than for official police business or for the admini-
stration and enforcement of this chapter. Any person who
violates or wilfully fails to comply with this section is
guilty of a misdemeanor. (Ord. 2025, 15 .Jan 76)
5 . 56 . 320 Violations--Report . If an inspection reveals
any violations of the provisions of this chapter, a written
report detailing such violations shall be promptly sent to
the owner, lessee, or other person responsible for the alarm
. system or business in violation of this chapter. Such report
shall require the correction within thirty (30) days after
receipt of the notice of the violation discovered, and shall
state that a failure to comply may result in the revocation
of the alarm business ' license to operate, or in the revo-
cation of the alarm user's permit, in accordance with pro-
visions of this chapter. (Ord. 2025, 15 Jan 76)
5 . 56 . 330 Required information--Alarm business . Each
alarm business shall provide the chief of police with the
address of each building, place or premises within the city
for which the permittee sells or installs an alarm system.
This information shall include the firm name or name of
resident at that location, the type of alarm system and other
general information which may be required by the police de-
partment to assist in responding to the location for an
alarm activation. (Ord . 2025, 15 Jan 76)
174
1
5. 56. 0--5. 56: 380
5. 56 . 340 Required information--Alarm user. Each alarm
system user shall furnish the chief of police the name and
telephone number of any other person at a different location
who is authorized to respond and open the place where the
device is installed. At least two (2) separate persons must
be. included, one of which may be the permittee ' s alarm busi-
ness . Any change in this . list must be reported within ten
(10) days of the change to the chief . of police. Those per-
sons listed shall respond to the location if so requested
by the police department . The information required of. the
subscriber shall be restricted to the use of the police de-
partment . (Ord. 2025; 15 Jan 76)
5. 56. 350 Alarm business--Operator instructions. Each
alarm business that installs or services an alarm system shall
clearly instruct the subscriber in the proper use and operation
of the alarm system, especially in those factors which can
cause false alarms . The subscriber shall provide identical
training to each employee subsequently authorized to operate
the alarm system. (Ord. 2025, 15 Jan 76)
5. 56 . 360 Alarm business--Service standards . Each alarm
business servicing an alarm system within the city shall
offer service, directly or through an agent , on a twenty-four
(24 ) hour basis, seven (7) days a week, to repair such device,
so as to correct any malfunction that may occur. Each per-
mittee shall report to .the police department the emergency
phone number where such service can be contacted. Each per-
mittee shall respond within two (2) hours after the permittee
has been notified by .the subscriber or police department that
the alarm system has malfunctioned. The cost of such. serv-
igif any, shall be the responsibility of the subscriber.
2025 , 15 Jan 76)
5. 56. 370 Alarm business--Inspection records. Each alarm
business shall maintain a complete record of inspection and
service on each separate subscriber's installed alarm system
listing the nature of malfunctions found and corrective meas-
ures taken. Each permittee shall display to the police chief
when requested, permittee' s record of .inspection and repair
for any subscriber' s alarm system. (Ord. 2025, 15 Jan 76)
.5- 56 . 380 Alarm system--Testing of equipment . No alarm
system designed to transmit emergency messages directly to
the police department shall be tested or demonstrated without
first obtaining permission from the police chief. Permission
is not required to test or demonstrate alarm devices not
transmitting emergency messages directly to the police de-
partment unless the messages are to be relayed to the police
department . (Ord . 2025 , 15 Jan 76)
175
5 . 56. 390--5. 56 .
5 . 56'. 390 Notice of disruption in service . When an alarm
business service to its alarm users is disrupted for any
reason by the alarm business , or the alarm business becomes
aware of such disruption, it shall promptly notify its sub-
scriber by telephone that protection no longer is being pro-
vided. If, however, the .alarm business has written instruc-
tions from its alarm user not to make such notification by
telephone during certain hours, the alarm business may comply
with such instructions . ' (Ord . 2025 , 15 Jan 76)
5. 56 . 400 Central stations--Standards. In addition to
any other requirements imposed by this chapter, an alarm busi-
ness shall not be granted a license to operate a central sta-
tion unless the police chief finds that the central station,
if operated, will meet the following minimum requirements :
(a) A large enough number of operators must be on duty
at all times to ensure that all emergency messages received
will be relayed immediately to the police department over a
special trunkline.
(b ) Emergency messages from automatic devices shall
be given priority over 'all other messages received by the
answering services except that fire alarm signals may have
equal priority.
(c ) All operators shall be trained to handle emer-
gency messages .
(d) As soon as possible after notifying the police de-
partment,. the operator concerned shall notify the subscriber
involved of such action and the nature of the emergency mes-
sage received.
(e) All subscribers of an answering service shall be
required by the service to cooperate in a test of its alarm
devices at least once a year to determine if the device is
working properly. The answering service shall certify that
the test requirements have been fulfilled. Unsatisfactory
test results shall be reported promptly in writing to the
subscriber and the police department . Until the device in
question is again working properly, the police department
may require that its use be discontinued. (Ord. 2025, 15 Jan 76)
5. 56. 410 Answering services--Standards . In addition
to any other requirements imposed by this chapter, an alarm
business shall not be granted a license to operate an an-
swering service unless the police chief finds that the an-
swering service, if operated, will meet the following minimum
standards :
176
5. 56. 1 --5. 56;1430
(a) The premises from which the services are performed
must meet any applicable fire' regulations.
(b) The premises from which the services are performed
must be secured in a manner approved by the police chief to
prevent entry by unauthorized persons . (Ord. 2025 , 15 Jan 76)
5. 56 . 420 False alarms . More than four (4) false alarms
in any consecutive twelve 12 ) month period from any alarm
system may constitute grounds for "no emergency response
status" subject to the provisions of this chapter. Under
"no emergency response status," the police department shall
not respond to any alarm activation from the subject alarm
system.
After the police department has recorded four (4) "false '
alarms" within any consecutive twelve (12) month period from
any alarm system, it shall notify the alarm user and the
alarm business providing service or inspection to the alarm
system in writing by first class mail of such fact and re-
quire that the alarm user submit a report to the police
chief within fifteen (15 ) days after receipt of such notice,
describing efforts to discover and eliminate the cause or
causes of the false alarms. If, however, the alarm user,
by reason of absence from the city or on any other reason-
able basis requests an extension of time to file the report,
the police chief may extend the fifteen (15) day period for
a reasonable period. If the alarm user fails to submit such
a report within fifteen (15) days or within any such extended .
period, the police chief may place the alarm system on "no
emergency response status . " Under such circumstances , the
police chief shall notify the alarm user, the alarm business
and the city administrator in writing by first class mail
of such action. Commencing ten (10) days after such action,
the police department will not respond to the activation of
the alarm system. This shall continue until corrective
measures have been taken and certified by the police chief
or his representative. (Ord. 2025, 15 Jan 76)
5 . 56. 430 Penalties for violation. Any person who vio-
lates or wilfully fails to comply with any section in this
chapter is guilty of an INFRACTION except where expressly
provided, and upon conviction thereof shall be punished by
a fine not to exceed one hundred dollars ($100) . (Ord . 2025 ,
15 Jan 76)
177
I-
Title 6
(RESERVED)
fa
f.
f.;
i
f.
D.
f
y �
I
178
Title 7
ANIMALS
RESERVED
(The next page is 189 . )
`°-,' 179
Title 17
BUILDINGS AND C014STRUCTION
Chapters
17 .04 Building Code
17. 07 Housing Code
17. 12 Dangerous Buildings Code
17 : 16 Masonry Walls
17 . 20 . Driveways and Parking Areas
17 . 27 Sun Decks--Windscreens
17 . 2 ' Moving Buildings
17 . 37) Trailer Parks and ,Regulations
17 . 70 Mechanical Code
17. 7 Plumbing Code
17 .77b Electrical Code
17.7 Uniform Fire Code
Chapter 17. 04
BUILDING CODE
Sections :
17 - 04 . 010 Title .
17- 011 . 020 Adoption of the Uniform Building Code, 1973 Edition
17. 011 . 030 Section 201 amended--Creation of Department .
17- 04 . 040 Section 204 amended--Creation of Board of Appeals .
17- 04 . 050 Section. 302 (a) amended--Issuance of permits .
17. 04 . 060 Section 302 (d) amended--Expiration .of permits .
17 . 04 . 070 Section 303 (a) amended--Building permit fees .
17 - 04 . 080 Section 303 (b ) amended--Plan-checking fees .
17. 04 .090 Section 303 (e ) added--Special service fees .
Section 303 (f) added--Investigation fees.
Section 303 (g) added--Certificate .of Occupancy fee:
Section 303 (h) added--Change of occupancy inspec-
tion fee .
Section 303 (i) added--Refund of fees .
17 .04. 100 Section 306 amended--Special certificate of occupancy .
17. 011 , 110 Section 508 amended--Item 4--deletion.
17- 04 . 120 Section 1310 (a) amended--Fire detection systems--
Apartment house.
17 . 04 . 130 Section 1413 amended--Fire detection Systems .
17 - 04. 140 Section 1501 amended--Addition of swimming pools .
17 - 04. 150 Section 1507 added--Swimming pools .
17 . 04. 160 Section 1601 amended--Fire zone defined.
17- 04 . 170 Section 1602 amended--Restriction in Fire Zone.
17- 04 . 180 Sections 1603 and 1604--Deletion.
17- 04 .185 Section 1704 amended--Roof coverings .
17- 04 . 190 Section 1807 amended--Special provisions .
473
1
17 . o4 . 010--17. 04. 0
Sections : (Corit 'd)
17 . 04 . 200 Section 2313 amended--Anchorage of concrete or
masonry walls .
17 . 04 . 210 Section 2314 amended--Earthquake regulations .
17 .04. 220 Table No. 23-I amended.
17. 04 . 230 Table No. 23-J amended.
17 .04 . 240 Section 2623 amended--Dlinimum slab thickness .
17. 04. 250 Section 3802 (b ) (8) amended--Automatic fire-
extinguishing systems .
17. 04 . 260 Section 3802 (b) amended--Automatic fire-
extinguishing systems .
17 .04 . 270 Section 4402 amended--Temporary use of streets
and alleys .
17. 04 . 280 Chapter 59--Building Security .
17-01I . 290 Section 1313 (c ) of Appendix--deleted.
17. 04 . 300 Section 7003 of Appendix amended--permits required.
17. 04. 310 Section 7014 ( c) of Appendix amended--Engineering
grading requirements .
Chapter 17. 04
BUILDING CODE
17 . 04. 010 Title . This chapter shall be known as the
"Huntington Beach Building Code" , may .be cited as such, and
will be referred to herein as "this code . " (Ord. 2027, 14 Jan 76;
Ord. 1935 , 6 Nov. 1974 )
17 .04. 020 Adoption of the Uniform Building Code, 1973
Edition. There is hereby adopted by the City Council of the ,
City of Huntington Beach. that certain code known as the Uniform
Building Code , compiled by the International Conference of
Building Officials , being particularly the 1973 Edition thereof,
and the whole thereof, including the appendices thereto except
as hereinafter provided, of which code not less than three (3)
copies have been and now are filed in the offi*ce of the Clerk of
the City of Huntington Beach. Such code, and amendments thereto,
are hereby adopted. and incorporated, pursuant to Sections 50022 .2
et seq. of the California Government Code, as fully as though set
forth at length herein, for the purpose of regulating the erec-
tion, construction, enlargement , alteration, repair, moving, re-
moval , conversion, demolition, occupancy, equipment , use, height ,
area, and maintenance of buildings or structures in the City of
Huntington Beach, and repealing all ordinances and parts of ordi-
nances in conflict therewith. From the date on which this chapter
takes effect the provisions of said code together with amendments
thereto shall be controlling within the corporate limits of the
City of Huntington Beach . (Ord. 2027, 14 Jan 76; Ord. 1626, 2/71;
. Ord. 1331, 7/67; Ord. 1139 , 5/65; Ord. 1064 , 7/64; Ord. 869 , 9/61;
Ord. 592 , 12/52 ; Ord. 530 , 5/48; Ord. 375, 8/34 )
474
17. 04 . 030--17.04 .060
1.7.04 . 030 . Section 201 of the Uniform Building Code is
amended to read as follows :
"Sec . 201 . CREATION OF DEPARTMENT. There is hereby established
in the city the Department of Building and Community Development
which shall be under the ,jurisdiction of the Director of Building
and Community Development who is hereby designated the gg ilding
Official as defined in this code. " (Ord. 2027 , 14 Jan 76
17 .04. 040. Section 204 of the Uniform Building Code is
amended by changing the third sentence to read as follows :
"The Board of Appeals shall be appointed in accordance with
provisions of the Charter of the City of Huntington Beach. " (Ord. 2027 ,
14 Jar. 76)
17 .04 . 050. Section 302 (a) of the Uniform Building Code
is amended by changing the third paragraph to read as follows :
"The Building Official may issue a permit for a foundation
only or for construction of a portion of a building or structure
before the entire plans and specifications for the whole build-
ing or structure have been submitted or approved provided three
sets of plans and specifications are submitted for the work to be
covered by the permit . The permit maybe issued without the
complete checking of the plans and the owner of such permit
shall proceed at his own risk without assurance that the permit
for the entire building or structure will be granted. Permittee
shall agree, prior to the issuance of the permit , that should
subsequent checking of the plans reveal changes are required in
the work done under the permit, he shall make such changes . A
permit fee as required by Section 303 (a) shall be . paid at the
time of issuance of such foundation or partial permit . "
and adding a new fourth paragraph to read as follows :
"Whenever any type of discretionary approval is required
pursuant to the requirements contained in Division 9 of the
Huntington Beach Ordinance Code, no permit shall issue for
excavation, grading, construction, obstruction, remodeling,
alteration, addition, relocation, or any act which prepares
real property for the construction of a building or structure
or for the development of said property , or for the establish-
ment of a use , until such discretionary approval has become
effective . " (Ord. 2027 , 14 Jan '76)
17 .04 . 060 . Section 30.2 (d) of the Uniform Building Code
is amended by adding an exception to read as follows :
"EXCEPTION: That period of time between the date of filing
of an application for a permit pursuant to the California Coastal
Zone Conservation Act and the date final action is taken on said
.application shall not be included in the one hundred-twenty (120)
day period specified for the o cement of work authorized by
the permit . " (Ord. 2027 , 14 j9an�
475
17 . 04 . 070--17 . 04 . u,J
17 . 04 .070. Section 303 (a) of the Uniform Building Code
is amended to read as follows :
Change the third paragraph to read, ."The fee for a founda-
tion or partial permit shall be $25 . 00" , and Table No . 3-A is
amended as follows :
TABLE NO. 3-A -- BUILDING PERMIT FEES
TOTAL VALUATION FEE
$1 .00 to $500 .00 $5 .00
$501 .00 to $2,000 . 00 $5 .00 for the first $500 .00 plus
$1 . 00 for each additional $100 .00
or fraction thereof, to and in-
cluding $2 ,000 . 00
$2,001. 00 to $25,000 .00 $20 .00 for the first $2,000 . 00
plus $3. 00 for each additional
thousand or fraction thereof,
to and including $25,000 .00
$25 ,001.00 to $50 ,000 . 00 for the first $25,000. 00
plus $2 . 50 for each additional
thousand or fraction thereof,
to and including $50 ,000 .00
$50 ,001 . 00 to $1003000 . 00 $151 . 50 for the first $50 ,000 . 00
Plus $1 . 50 for each additional
thousand or fraction thereof, to
and including $100 ,000 .00
$100 ,001. 00 and up $226 . 50 for the first $100,000 .00
plus $1 .00 for each additional
thousand or fraction thereof
(Ord . 2027, 14 Jan 76)
17. 04 . 030 . Section 303 (b ) of the Uniform Building Code
is amended by changing "65 percent" to "50 percent" in the second
paragraph . (Ord. 2027 , 14 Jar. 76)
17 . 04 . 000 . Sections 303 (e ) , 303 (f) , 303 (g) , 303 (h) and
303 (i ) are added to the Uniform. Building Code to read as follows :
"Sec. 303. (e ) SPECIAL SERVICE FEES. At the request of an
applicant .the Building Official may authorize the performance of
special services not otherwise required by this code nor included
in the schedule of fees as specified in this section. The fee
for any such special service shall be set by resolution of the
City Council. The minimum fee shall be based on not less than
two hours per special service request and shall be paid to the
City of Huntington Beach at the time the request is filed.
"Sec. 303. (f) INVESTIGATION FEES. Where work for which
a permit is required by this code is started or proceeded with
476
17. 04 . 100
prior to obtaining said permit the total permit fee shall be the
standard permit fee as required in subsection (a) of this section
plus an investigation fee. The amount of the investigation fee
shall be equal to the amount of the standard permit fee but in no
event less than ten dollars ($10 .00) . The payment of the .investiga-
tion fee shall not exempt any person from compliance with the
provisions of this code or from any other penalty prescribed by
law.
"Sec . 303. (g) CERTIFICATE OF OCCUPANCY FEE. Whenever an
application is made for a Certificate of Occupancy an issuance
fee for the Certificate of Occupancy in the amount of five dollars
($5 .00 ) shall be paid to the city . This fee shall be in addition
to all other required fees .
"Sec . 303. .(h) CHANGE OF OCCUPANCY INSPECTION FEE. Whenever
it is necessary to make inspection of a building or premises in
order to determine if a change may be made in the character of
occupancy or use of the building or premises which would place
the building in a different division of the same group of occu-
pancy or in a different group of occupancy, a change of occupancy
inspection fee shall be paid to the. city . The amount of the change
of occupancy inspection fee shall be Twenty-five Dollars ($25) .
"Sec . 303. (i ) REFUND OF FEES . Any fees collected in error
.shall be refunded in full upon written request for refund by the
payor of such fees or upon direction of the Building Official .
When no plan checking work has been performed on plans submitted
for permit the Building Official shall, upon written request for
refund by the payor, refund all plan checking fees paid except
ten dollars ($10 . 00 ) which shall .be retained by the city as a
processing fee.
"When work authorized by a permit has not commenced and no
inspections have ,been made the Building Official shall, upon
written request by the payor, refund all permit fees paid except
ten dollars ($10 . 00 ) which shall be retained by the city as a
processing fee..
"When plan checking has proceeded or :ahen a permit has expired
as provided in Section 302 (d) , no refund shall be made . " (Ord. 2027,
14 Jan 76)
17 .04 . 100. Section 306 of the Uniform Building Code is
amended to read as follows :
"The Building Official may issue a Special Certificate of
Occupancy and authorize the release of utilities and the occu-
pancy of a building or structure, or portion thereof, prior to
the completion of the building or development project , for cause
shown in writing, subject to the following:
1. There exists no hazard to life or property, as deter-
mined by the Building Official.
477
17 . 04 . 110--17. u4 . 120
"2. A cash deposit to guarantee completion of required
improvements has been deposited with the city in a form accept-
able to the Finance Director and in an amount equal to 150 percent
( 150ira') of the estimated cost to complete such improvements , as
determined by the Building Official . .
"3. Payment of a Special Certificate fee of twenty-five
dollars ($25 . 00 ) . . Such fee shall not be refundable .
114 . An agreement in a form approved by the .City. Attorney
signed by the owner or the prime contractor which shall contain
the following:
" (a ) A statement of the improvements necessary and that
the improvements will be completed within the time limit specified
by the Building Official but not longer than sixty (60 ) days .
" (b ) Authorization for the city to enter the property
and complete the work specified without additional notice to the
owner, in the event the work is not completed within the time
specified.
" ( c ) A statement that the cost of such work shall be
paid from the cash deposit placed by the applicant and such cost
shall include reasonable administrative costs incurred by the
city when such work covered by the bond is completed by the city .
" (d) A request for refund of the cash deposit posted.
If the improvements required are completed within the time speci-
fied in the agreement the deposit shall be automatically refunded.
"5 . The Building Official shall revoke the Special Occupancy
Certificate upon failure to comply with the terms and provisions
of the agreement .
"6. No person shall occupy a building or structure after
revocation of the Special Certificate of Occupancy until all
requirements of the Huntington Beach Municipal Code are met . "
(Ord. 2027, 14 Jan 76)
17 . 0.4 . 110. Section 508 of the Uniform Building Code is
amended by deleting the item numbered 4 from the Exception.
(Ord. 2027, 14 Jan 76 )
17. 04 . 120 . Section 1310 (a) of the Uniform Building Code
is amended to read as follows :
"Sec . 1310 . (a) FIRE DETECTION SYSTEMS. Every dwelling
unit within an apartment house shall be provided with approved
detectors of products of combustion other than heat mounted on
the ceiling or on a wall not less than six inches (6" ) nor more
than twelve inches (12" ) from the ceiling at a point centrally
located in the corridor or area giving access to rooms used or
which may reasonably_ be used for sleeping purposes . Such detector
t�7g
17.0 130- 17. o4. 150
shall be directly connected to a lighting circuit . In an effi-
ciency dwelling unit the detector shall be centrally -located on
the ceiling of the main room. Where sleeping rooms are on an
upper level the detector shall be placed at the center of the
ceiling directly above the stairway. Care shall be exercised
to insure that ' the installation will not interfere with the
operating characteristics of the detector. When actuated the
detector shall provide an alarm. " (Ord. 2027 , 14 Jan 76)
17 .04 . 130. Section 1413 of the Uniform Building Code is
amended to read as follows :
"Sec. 1413. FIRE DETECTION SYSTEMS. Every dwelling shall
be provided with approved detectors of products of combustion
other than heat mounted on the ceiling or on a wall not 'less than
six inches (6" ) nor more than twelve inches (1211 ) from the ceiling
at a point centrally located in the corridor or. area giving access
to rooms used or which may reasonably be used for .sleeping purposes .
Such detector shall be directly connected to a lighting circuit.
Where sleeping rooms are on an upper level the detector shall be.
placed at the .center of the ceiling directly above the stairway.
Care shall be exercised to insure that the installation will not
interfere with the operating characteristics of the detector. When
actuated, the detector shall provide an alarm. " (Ord. 2027, 14 Jan
76).
17 . 04. 140. Section 1501, Divison 2 of the Uniform Building
Code is amended by adding "swi-mming pools" in addition to "tanks
and towers . " (Ord. 2027, 14 Jan .76)
17 .04 . 150. Chapter 15 of the Uniform Building Code is amended
by adding thereto a new Section 1507 to read as follows :
"Sec . 1507. (a) DEFINITION.. Swimming pool is any body of
water having a depth exceeding . eighteen inches (1811 ) at any point
constructed, fabricated or installed for swimming, bathing or
wading purposes .
" (b ) FENCING. Every person in possession or control of
land within the city , either as owner, purchaser under contract ,
lessee, tenant or licensee, upon which is situated a swimming pool,
shall at all times. maintain on the lot or premises -upon which
such pool is located and completely surrounding such pool, lot
or premises , a substantial fence or wall not lower in .height than
five feet (5 ' ) , measured from ground level on the exterior side
of the fence or wall , with no holes , gaps or openings larger than
four inches ( 4" ) in any horizontal dimensions ; provided, that if
the fence is designed with over two inch ( 2" ) horizontal openings
between vertical risers , no horizontal member shall be installed
that will afford a means of climbing such fence , wall or gates .
These horizontal members shall be located at or near the top and
bottom of the fence .or wall to provide the maximum amount of
vertical clearance.
"Gates or doors shall be provided with self-closing
and self-latching devices capable of keeping such gates or doors
securely latched and closed at all times . Such self-latching
479
_ 1
17. 04 . 150
devices shall be located not less than five feet (5 ' ) above
exterior grade or at another equally inaccessible location.
"A dwelling or appurtentant structure may be used as
a part of the required enclosure . All doors in such structures
into the enclosure, except from an occupied dwelling shall comply
with the self-closing, self-latching and height requirements for
gates .
"The safety fencing and all self-closing and self-latch-
ing devices required by this .section shall be installed and in pro-
per working order before any water is placed in the enclosed pool.
" ( c ) CASK BOND. Before any permit is issued for any swim-
ming pool a cash bond in the amount of three hundred dollars
($300 . 00 ) shall be posted with the city. The bond shall be for
the purpose of assuring that all construction materials are
removed from the public streets ; that any damage to any curb ,
gutter, sidewalk, street , wall or other public property is re-
paired; and, that the required safety fencing and related devices
are installed and in proper working order. In the event the
above work is not properly done the. cash bond shall be forthwith
and summarily forfeited to the city . Unless the bond has been
so forfeited it shall , upon final inspection and approval of
the installation, be returned to the person who posted the bond.
"EXCEPTION: Where no mechanical equipment is used for
the excavation -and no materials are stored in the street , the �
Building Official may waive the cash bond requirement for the
installation of a one-piece , preformed pool .
" (d) EQUIPME14T SLAB. Pool equipment shall be installed on
a concrete slab four inches (4" ) above ground level.
" (e ) HOSE BIBBS . All hose bibbs within fifty feet ( 50 ' )
of the pool shall be protected with anti-syphon devices .
" (f) MAINTENANCE. After completion of the pool, the owner
must keep the pool filtered and clean and in a sanitary condi-
tion at all times . `
" ( g) DECK CONSTRUCTION. All soils in .the city are classed
as expansive unless determined otherwise by a proper soils report .
Pool decking where provided shall slope away from the pool. Decks
shall be constructed with sufficient expansion joints to allow
for differential movement and to minimize adverse effects . All
joints shall be provided with approved permanent , resilient ,
waterproof seals .
" (h) HYDROSTATIC DEVICES . In areas of anticipated high
water table an approved hydrostatic relief device shall be
installed.
"EXCEPTION: Pools having no structural bottom, such
as plastic-lined pools, need of be equipped with such relief
device . (Ord. 2027 , 14 J
480
17. . 160--17 . 04. 185
17. 04. 160 . Section 1601 of the Uniform Building Code is
amended to read as follows :
"Sec . 1601 (a) FIRE ZONE DEFINED. For the purpose of this
code the entire city is declared to be and is hereby established
as Fire Zone No. 3.
" (b ) CENTER LI'_1ES OF STREETS.. For. the purpose of this
chapter the center line of an adjoining street 'or alley may
be considered an adjacent property line. : Distances shall be
measur d at right angles .to the street or alley . (Ord. 2027, 14
Jan 76)
17. 04 . 170 . Section .1602..of. the Uniform Building .Code• is
amended to read as follows :
"Sec . 1602 . . RESTRICTIONS IN FIRE ZONE NO. 3. Any building
or structure complying with the requirements of this code may be
erected , constructed, or moved within or into Fire Zone 110. 3.
(Ord. 2027 , 14 Jan 76)
17. 04 .180 . Chapter 16 of the Uniform Building Code is
amended by deleting Sections 1603 and 1604 . (Ord. 2027 , 14 Jan 76)
17. 04 . 185 . Section 1704 of the Uniform Building Code is
amended to read as follows :
"Sec. 1704. ROOF COVERINGS. Roof coverings shall be fire-
retardant .
EXCEPTIONS : 1 . Groups I and J occupancies of
Type V construction.
2. Group H occupancies of Type V construction and
not located in a Commercial (C ) land use zone .
3. In other than Commercial (C) land use zone,
Class C roof coverings which comply with , U.B.C . .
Standard No. 32-7 and roofs of No . 1 cedar and redwood
shakes and No. l shingles construction in accordance with
requirements of U.B.C . Standard No . 32-14 for Special
Purpose Roofs may be used on buildings of Types III-N
and V-1`1 construction housing Group B, Divisions 3 and 4,
Group C, .and Group F, Divisions 1 and 2 occupancies, pro-
vided the horizontal clearance between cornice and prop-
erty line, except street front, is not less than ten (10)
I feet .
Skylights shall be constructed as required in
Chapter 34. Penthouses shall be constructed as required in
Chapter 36 . For use of plastics in roofs see Chapter 52.
For attics : Access and Area, see Section 3205. For Roof
Drainage , see Section 3207." (Ord. 2027, 1 Jan 76)
480-1
i
i
I
17 . 04 . 1.90
17. 04 . 190 . Section 1807 of the Uniform Building Code is
amended to read as follows :
"(a) SCOPE. The provisions of this section shall apply
to every new building of any type of construction or occupancy
having floors used for human occupancy located more than seventy-
five feet ( 75 ' ) above the lowest floor level having building
access .
EXCEPTI.OT3:. Hospitals .
For the purpose. of this subsection, "building access"
shall mean an exterior door opening conforming to all of the
following:
(1) Suitable and available for fire department use.
i
(2 ) Located not more than two feet (21 ) above the
adjacent_ ground level.
( 3) Leading to a space , room or area having foot
traffic communication capabilities with the remainder of the
building.
( 4) Designed to permit penetration through the use
of fire department forcible entry tools and equipment unless other
approved arrangements have been made .
" (b ) FIRE ALARM SYSTEMS. Every high rise building shall
be provided with an approved electrically supervised fire alarm
system tested to and meeting the provisions of Uniform Building
Code, Standard 11o . 18-1, and in conformance with the provisions
of this subsection .
►, " ( 1) LOCAL ALARM. Upon activation of the automatic _
sprinkler system, any automatic fire detection device required
by this section or any special hazard fire protection or extin-
guishing system, an automatic voice alarm signal shall sound
on the floor where activated and an audible and visual signal
shall be transmitted to the Building Control Station.
"The content of the voice alarm in each instance
shall be determined by the Building Official in cooperation with
the building owner or manager.
"EXCEPTIO`d: In lieu of a voice alarm signal and
when approved by the Building Official, the local alarm system
may employ any sounding device or devices which are approved.
The sounding devices of such alternate. system shall have a dis-
tinctive tone and shall be arranged. to emit intermittent , pro-
480-2
i
17. 04 .190
longe.d or continuous sound signals for a full period of ten ( 10 )
seconds , to be immediately followed by an intermission or period
of silence of five (5 ) seconds before the signal is repeated.
Such signal shall .continue to sound until manually terminated .
at the Building Control Station but in no case shall such. manual
operation be arranged to cause termination in less than three ( 3)
minutes .
"( 2 ) SPEAKERS OR SIGNALING DEVICES. Speakers or sig-
paling devices .used to sound the voice or fire alarm shall be so
located as to be clearly heard on the floor where activated.
Except as may be otherwise found .necessary or accep.table .by the
Building Official, a minimum of 85dbA or lOdbA over ambient noise
levels measured four ( 4) feet above the floor shall be provided.
"( 3) SUPERVISION. Unless the Building Control Station
Is constantly manned by competent and experienced operating per-
sonnel, voice or fire alarm and trouble signals shall be automa-
tically retransmitted to one of the following:
" (A) An approved central station.
" (B) The supervisory station of an approved pro-
prietary system.
" (C) When approved by the fire authority having
jurisdiction, such signals may be retransmitted directly to the
fire department .
11 ( 4) A ,T JUNCIATION. Alarm, waterflow and trouble signals
shall be annunciated in the Building Control Station by means of
an audible signal -and a visual display which` indicates the building,
floor, zone or other designated area from which the alarm, water-
flow or trouble signal originated. For purposes of annunciation,
zoning shall be in accordance with the following:
" (A) When the system .serves more than one
building, each building shall be considered as a separate zone.
" (B) Each floor shall be considered as a separate
zone.
" (C) Each section of a floor separated by area
separation walls or by horizontal exits shall be considered as a
separate zone.
"(D) Wherever otherwise deemed necessary by the
Building Official.
11 ( 4 ) FIRE DEPARTMENT CONNECTION. Every building
Control Station shall provide for notification of the fire depart-
480-3
17. 04 . 190
ment upon activation of the local alarm signal. When the Building
.Control Station is not connected to a central station' or proprie-
tary supervising station, connection to the fire department shall
be by means of a remote station, auxiliary station or other ap-
proved connection.
" ( c ) AUTOMATIC FIRE DETECTION SYSTEMS. Every high rise
building shall be protected with an approved electrically super-
vised automatic fire detective system having automatic detectors
which will respond to visible or invisible particles of combus-
tion in the following locations :
" (1 ) In every mechanical equipment room.
" ( 2 ) In every heating, air conditioning or ventilation
duct system as follows :
"(A) In the main circulating air duct on the
downstream side of the filters and so located as to operate in
case of smoke in the air stream, or such devices may be installed
in each room or space served by a return air duct .
" (B) At every opening through any assembly. having
a fire-resistive rating of two (2) hours or more .
Trouble signals for automatic fire detection systems
shall be provided in accordance with Section 1807 (b ) ( 3) .
" (d ) VOICE COMMUNICATION SYSTEM. Two separate and approved,
electrically supervised voice communication systems shall be pro-
vided in every high rise building; one for fire department use
and the other a public address .system.
11 ( 1) The fire department system may be -of any approved
type . Such system shall provide communication between the Building
Control Station and remote facilities in the following locations :
" (A) Elevators .
" (B) Elevator lobbies .
" (C ) Every enclosed exit stairway at each floor
level including the ground floor that leads directly to the exterior.
" ( 2) The public address system shall be a one-way
system providing communication from the Building Control Station
to the following locations :
" (A ) Elevators , elevator lobbies , corridors and
stairways . Speakers in corridors shall be located not more than
two hundred feet (2001 ) apart .
480-4
17 . 04. 190
" (B) Every room or area having an occupant load
Of fifty (50 ) or more .
" (C ) Every dwelling unit and guest room of a
Group iI Occupancy .
The public address communication system may be
combined with the voice or fire alarm system provided the com-
bined system has been approved. The sounding of a fire alarm
signal in any given area or floor shall not prohibit voice
communication to other areas or floors .
Combination systems shall be designed to permit
voice transmission to override the voice or fire alarm signal
but shall not discontinue the fire alarm signal for .the time
period specified in Section 1807 (b ) (1) Exception.
" ( 3) Trouble signals for communication systems shall
be in accordance with 'Section 1807 (b) ( 3) .
"(e ) BUILDING CONTROL STATION. Every high rise building
shall be provided with a Building Control Station located near
or adjacent to the main entrance to the building or at any loca-
tion approved by the Building Official . One Building Control
Station may serve more than one building.
"The Building Control Station shall be separated from
the remainder of the building by not less. than one-hour fire-
resistive construction with all openings protected by assemblies
having a fire-resistive rating of not less than forty-five (45)
minutes .
"Building Control Station shall be used to house the
following equipment :
11 (1) Voice Communication control equipment in-
cluding equipment necessary to the function of the control unit .
"( 2) Fire alarm and fire detection control equip-
ment including equipment necessary to the function of the control
unit .
" ( 3) Elevator floor location indicators .
11 ( 4 ) Elevator control switches..
" ( 5) Air handling system control switches and-
fan operation indicators .
" ( 6 ) Controls for unlocking stairway doors .
"( 7) Sprinkler valve supervisory signals .
"( 8) Annunciation required by Section 1807 (b )
480-5
17. 04 .190
11 ( 9) Standby power status display.
11( 10) A telephone connected to the public telephone
system.
11 (11) Other fire protection equipment and systems
controls .
"Building Control Stations shall not be used for the
housing of any boiler, heating unit, generator, combustible
storage , or similar hazardous equipment or storage .
" ( f) SMOKE CONTROL. Natural or mechanical ventilation for
the removal of. products of combustion shall be provided in every
story of a high rise building. Such ventilation shall be any
one or combination of the following:
"( 1) Panels or windows in the exterior wall which
can be opened from an approved location below the fire floor.
Such venting facilities shall be provided at the rate of at
least twenty ( 20 ) square feet of opening per fifty (50) lineal
feet of exterior wall in each story, distributed around the
perimeter at not more than fifty (50) foot intervals . Such
panels shall be clearly identified. Approved tempered glass
may be used in lieu of openable panels .
11 ( 2) The interior air circulation system may be
used provided such system, under fire conditions , exhausts at
a rate of not less than six (6 ) changes of air per hour from the
largest single room on the floor and the system exhausts directly
to the exterior of .the building without recirculating to other
sections of the building.
" ( 3) Any other design which will produce equi-
valent results .
i
rr ( g) ELEVATORS. (1) GENERAL. In every bank of elevators,
there shall be provided and available to the fire department, an
elevator that opens onto each floor served by the individual bank.
A bank of elevators is one or more elevator cars controlled by
a common operating system, or where all elevator cars will
respond to a single call button.
"( 2) LOBBIES. Elevators shall open into a lobby
on all floors except the lowest terminal floor of building
entry. Lobbies may serve more than one elevator.
"Lobbies shall be separated from the corridor
by non-combustible construction with all openings protected
by tight fitting doors designed to close automatically upon
activation of a detector which will respond to visible or
invisible particles of combustion.
480-6
17. 04. 190
"Lobbies shall also be separated from the remainder
of the building as required for corridor walls and ceilings .
" ( 3) SIZE. Every floor in a high rise building shall
have access to at least one elevator car having a minimum plat-
form of 4 feet 3 inches by 6 feet 8 .inches with a minimum 42
inch clear door opening to accommodate an ambulance stretcher
in its horizontal position.
" ( 4 ) SPECIAL REQUIREMENTS. Elevators shall conform
to Chapter 51.
"(h) STAI4DBY POWER. (1) REQUIRED INSTALLATION. An on-site
standby power generation system consisting of one or more gene-
rators shall be provided for every high rise building. In the
event of failure of -the normal source of electric service, the
standby power generation system shall provide an alternate source
of electrical energy to serve at least the designated power loads
set forth in subsection (2 ) .below.
, 11 ( 2) POWER LOADS. The power load requirement for
sizing the standby power generation system shall include, but
not necessarily be limited to, the following:
" (A) Exit signs and exit illumination as required
by Section 3312 .
" (B) Elevator car lighting.
" (C ) Fire alarm system.
" (D) Fire detection . system.
. " (E ) Sprinkler alarm system.
" (F) Electric driven fire pumps .
" (G) Voice communication system.
" (H) Mechanical ventilation and ;air handling
equipment required by this section.
" (I ) Elevators assigned for fire department use .
• " (J ) Lighting circuits supplying elevator lobbies ,
the Building Control Station and the generator room.
"( 3) TRANSFER TIME. The standby power generation
sys.tem shall be equipped with suitable means for automatically
starting the generator set upon failure of the normal electri-
cal service, and shall provide for the automatic transfer and
480-7
17. 04 . 190
operation of electrical systems "and equipment specified in
Section 1807 (h) ( 2) above, at full power within sixty (60)
seconds of such normal service failure .
" ( 1I ) FIJF,L SUPPLIES. On-site fuel .supplies for prime
movers of standby power generator sets shall be sufficient for ,
at least six (6 ) hours at full demand operation. Where fire
pumps are required, an eight (8) hour fuel supply shall be pro-
vided.
"(i ) EMERGENCY ELECTRICAL SYSTEMS. (1) REQUIRED INSTALLA-
TION . Electrical systems and. equipment specified herein are
classed as emergency_ systems and shall be installed in every
high rise building.
" (A) Exit signs and exit illumination as re-
quired by Section 3312 .
" (B) Elevator car lighting.
i
" (C) Fire alarm system.
" (D) Fire detection system.
" (E) Sprinkler alarm system.
11 ( 2) TRANSFER TIME. The emergency power supply shall
be so designed that upon failure of the normal electrical service,
the emergency electrical systems and equipment specified in
Section 1807 (i ) ( 1) above , shall be automatically transferred
and operated within ten (10) seconds of such normal service
failure . Such emergency power supply system may be separate
from the standby power specified in Section 1807 (h) (1) .
I
When the standby power generation system reaches
full operation capacity , the emergency electrical systems and
equipment shall be transferred thereto.
" (j ) STAIRWAY DOORS. All stairway doors which are to be
locked from the stairway side shall have the capability of being
unlocked without unlatching upon a signal from the Building
Control Station. Upon failure of electrical power, the locking
mechanism shall be retracted to the unlocked position. Stairway
doors shall be identified.
"When stairway doors are locked from the stairway
side , an approved emergency communication system directly con-
nected to the Building Control Station, central station, pro-
prietary supervisory station or other approved emergency location,
shall be available to the public and shall be provided at not
less than every fifth floor landing in each required stairway.
480-8
17- 04 .190
" (k) SEISMIC CONSIDERATIONS . The anchorage of the follow-
ing mechanical and electrical equipment as required by this
section shall be designed in accordance with Section 2314 for
a lateral force based on a Cp value of 0 . 5 unless data substan-
tlating a lesser value is _furnished.
" ( 1) Elevator drive and suspension systems .
" ( 2) Standby power and lighting facilities .
"( 3) Fire pumps ; automatic fire extinguishing systems
and other fire protection equipment ..
" ( 4 ) Air handling equipment regulated by this section.
" ( 1) AUTOMATIC FIRE EXTINGUISHING SYSTEMS. (1) Every
high rise building shall be protected by an automatic fire ex-
tinguishing system installed in conformance to the U.B.C . Standard
38-1 , and the provisions of this subsection.
H'XCEPTION: Automatic sprinklers may be omitted in the
following rooms or areas when such rooms or areas are protected
with an approved automatic fire detection system having detectors
which will respond to visible or invisible particles of combus-
. tion.
" (A) Generator and transformer rooms .
" (B) Any room where the application of water,
or flame and water, may constitute a serious life or fire hazard.
" (C ) Safe deposit or other vaults of fire-resis-
tive construction, when used for the storage of. records , files
and other documents , when stored in metal cabinets or on metal
shelving.
" (D) Communication equipment areas under the
exclusive control of a public utility agency provided:
111. The equipment areas are separated from
the remainder of the building by construction equivalent to
a One-Hour-Fire-Resistive Occupancy Separation.
112 . Such areas are used exclusively for
such equipment .
I
"(E) When approved by the Building Official, any
other area or room where sprinklers are considered undesirable
because of the nature of the contents .
" ( 2) Sprinkler control valves and waterflow detecting
devices shall be provided at the lateral connection to the riser
48o-9
17. 04 . 190 .
on each floor. Such valves and devices shall be electrically
supervised to sound a trouble signal in accordance with Section
1807 (b) ( 3) .
i
"( 3) When the automatic sprinkler system described '
above is installed, the following reductions from the require-
ments of this code are permitted:
"(A) The fire-resistive time periods set forth
in Table 1-10. 17-A, U.B.C. , may be reduced by one hour for interior
bearing walls , exterior bearing and nonbearing walls, roofs: and
the beams supporting roofs provided they do. not. frame into columns.
In no case, however, shall fire-resistive time periods be reduced
to less than one hour.
"(B) Except for partitions separating dwelling
units or guest rooms in Group H Occupancies , all interior .
nonbearing partitions required to be of one-hour fire-resistive
construction by Table No . 17-A may be of noncombustible construc-
tion without a fire-resistive time period.
" (C) Smokeproof enclosures may be eliminated.
11 ( 4 ) A minimum on-site water supply equal to a twenty
(20 ) minute demand or 15,000 gallons , whichever is .the smaller,
shall be provided. The supply shall be automatically available
for the combined sprinkler and standpipe system if the principal
-rater supply fails .
" ( 5 ) The sprinkler system shall be looped between
standpipe risers at the bottom, top and mid-height of all build-
ings with a maximum of twenty (20 ) stories served by any loop.
The installation of check valves shall be approved by the Building
Official.
11 ( 6) Operation of the sprinkler system shall activate
the voice communication system.
" (r1) PLANS AND SPECIFICATIONS. (1) Complete plans or
specifications , or both, shall be prepared covering all work
required pursuant to this section.
11 (2) All plans and specifications shall be prepared
under the responsible charge of an architect or a civil or
structural engineer authorized by law to develop construction
plans and specifications , or by both such architect and engineer.
Plans and specifications shall be prepared by an engineer duly
qualified in that branch of engineering necessary to perform
such services .
Administration of the work of construction shall
be under the charge of the responsible architect or engineer
480-10
17. 0.. .2 00--17. 04. 210
except that where plans and specifications involve alterations
or repairs , such work of construction may be administered by
. .. an engineer duly qualified to perform such services in that
branch of engineering in which said plans , specifications,
and estimates and work of -construction are applicable.
" (n) MAINTENANCE. All fire alarm, fire detection and
automatic sprinkler systems required by this section shall be
maintained in an operable condition at all times . Upon disruption
of any such system, immediate action shall be instituted to
effect a reestablishment of such system to its normal opera-
ting condition. .
"( o) EMERGENCY PRE-FIRE PLANNING. Owners, operators ,
administrators or managers of high rise buildings shall in
cooperation with the fire authority having jurisdiction, esta-
blish procedures to be followed in case of fire or other emer-
gency . Such procedures shall include but shall not necessarily
be limited to the following:
" ( 1) Assignment of a responsible person as Fire Safety
Director to work with the fire authority in the establishment , '
implementation and maintenance of the emergency pre-fire plan.
4
11 ( 2) The telephone number of the local fire depart-
ment shall be conspicuously posted in. a location adjacent to
the telephone in each dwelling 'unit, hotel guest room, telephone
switchboard, and in the Building Control Station.
" ( 3) Emergency plan procedures shall be conspicuously
posted in each dwelling unit, hotel guest room, office area, and
other locations as required by the fire authority having juris-
diction. (.Ord. 2027 , 14 Jan 76) .
17 . 04 . 200 . Section 2313 of the Uniform Building Code is
amended to read as follows :
"Sec . 2313 . ANCHORAGE OF CONCRETE OR MASONRY WALLS. Con-
crete or masonry walls shall be anchored to all floors and roofs
which provide lateral support for the wall . Such anchorage shall
provide a positive direct connection capable of resisting the
horizontal forces specified in this chapter or a minimum force
of two hundred (200) pounds per lineal foot of wall, whichever
is greater. Walls shall be designed to resist bending between
anchors where the anchor spacing exceeds four ( 4 ) feet . Required
anchors in masonry walls of hollow units or cavity walls shall
be embedded in a reinforced grouted structural element of the
wall. See Section 2314s (j ) 2D and 2314 0 ) 3A. (Ord. 2027,
14 Jan 76)
17. 04 . 210 . Section 2314 of .the Uniform Building Code is
amended to read as follows:
480-11
i
17. 04. 210
"Sec. 2314 EARTHQUAKE REGULATIONS. (a) GENERAL. Every
building or structure and every portion thereof shall be designed
and constructed to resist stresses produced by lateral forces as
provided in this section. Stresses shall be calculated as the
effect of a force. applied horizontally at each floor or roof
level above the base. The force shall be assumed to. come from
any horizontal direction.
"Structural concepts other than set forth in this
section may be approved by the Building Official when evidence
is submitted showing that equivalent . ductility and energy
absorption are provided.
"Where prescribed wind loads produce higher stresses ,
such loads shall be used in lieu of the loads resulting from
earthquake forces .
" (b ) DEFINITIONS. The following definitions apply only
to the provisions of this section:
"BASE is the level at which the earthquake motions are
considered to be imparted to the structure or the level at
which the structure as a dynamic vibrator is supported.
"BOX SYSTEM is a structural system without a complete
IIvertical load-carrying space frame . In this system the required
lateral forces are resisted by shear walls or braced frames as
hereinafter defined .
"BRACED FRAME is a truss .system or its equivalent which
is provided to resist lateral forces in the frame system and in
which the members are subjected primarily to axial stresses .
"DUCTILE MOMENT RESISTING SPACE FRAME is a moment
resisting space frame complying with the requirements for a.
ductile moment resisting space frame as given in Section 2314 (j ) .
"ESSENTIAL FACILITIES are those structures which must
be functional for emergency post earthquake operations .
"LATERAL FORCE RESISTING SYSTEM is that part of the
structural system assigned to resist the lateral forces pre-
scribed in Section 2314 (d) 1 .
"MOMENT RESISTING SPACE FRAME is a vertical load carry-
ing space frame in which the members and joints are capable of
resisting forces primarily by flexure .
"SHEAR WALL is a wall designed to resist lateral forces
parallel to the wall .
"SPACE FRAME is a three-dimensional structural system
without bearing walls , composed -of interconnected members
laterally supported so as to function as a complete self-
contained unit with or without the aid of horizontal diaphragms
or floor bracing systems .
480-12
17. 04. 210
"VERTICAL LOAD-CARRYING SPACE FRAME is a space frame
designed to carry all vertical loads . :
" ( c ) SYMBOLS AND NOTATIONS. The following symbols and
notations apply only to the provisions of this section:
C = Numerical .coefficient as specified in
Section 2314 (d) 1.
Cp = Numerical coefficient as .s.pecified in
Section 2314 (g) 2 and as s-et forth in
Table No . 23-J .
D = the dimension of the structure, , in feet ,
in a 'direction parallel to the applied forces .
P . Fn Fx Lateral force applied to level
i, n, or x, ,respectively.
F = Lateral force on a part of the
structure and in the direction
under consideration.
Ft = That .portion of V considered
concentrated at the top of the
structure in addition to F .
n
g = Acceleration due to gravity .
hi hn hx Height in feet above the base
.to level i, n. or x respectively .
I = Occupancy Importance Factor as
specified i•n Table No. 23-I.
K = Numerical coefficient as set forth
in Table No . 23-K.
Level i Level of the structure referred to
by .the subscript
i = 1 designates the first level above
the base.
Level n = That level which is uppermost, in the
main portion of the structure.
Level x = That level which. is under design
consideration.
x = 1 designates the first level above
the base.
The total number of stories above
'the base to level n.
S Numerical coefficient for site-
structure resonance .
480-13
1'7 . 04 . 210
T = Fundamental elastic period of
vibration of the building or struc-
ture in seconds in the direction
under consideration.
TS = Characteristic site period.
V = The total lateral force or shear
at the base.
W = The total dead load as defined in
Section 2301 including the partition
loading specified in Section 2302 (b )
where applicable.
EXCEPTION: W shall be equal to the total dead
load plus 25 percent of the floor live load in storage. and
warehouse occupancies . Where snow loads are considered the
snow load shall also be included; however, when approved by the
Building Official the snow load may be reduced up to 75 percent
maximum.
W .t raw = That portion of W which is located
at or is assigned to level i or x
respectively.
Wp = The weight of a portion of a structure .
Z = Numerical coefficient related to the
seismicity of a region.
" (d) MINIMUM EARTHQUAKE FORCES FOR STRUCTURES . 1. TOTAL
LATERAL FORCE AND DISTRIBUTION OF LATERAL FORCE. Except as pro-
vided in Section 2314 (g) and (i) , every structure shall be de-
signed and constructed to resist minimum total lateral seismic
forces assumed to act non-concurrently in the direction of each
of the main axes of the structure in accordance with the follow-
ing formula:
V = ZIKCSW . . . . . . . . . . . . . . . (14-1)
The value of Z shall be equal to one .
The value of K shall be not less than that set forth
in Table No. 23-K. The value of C and S are as indicated here-
after except that the product of CS need not exceed 0 . 14.
The value of C shall be determined in accordance with
the following formula:
C 15 \T (142)
The value of C need not exceed 0 .12.
480-14
17. 04 . 210
The period T shall be established using the structural
properties and deformational characteristics of the resisting
elements in a properly substantiated analysis .
In the absence of a determination as indicated above,
the value of T for buildings may be determined by the following
formula:
•
T__0.O5 hh .......................(14-3A.)
VD
Or for the buildings in which the lateral -force re-
sisting system consists of ductile moment-resisting space frames
capable of resisting 100 .percent of the required lateral forces
and such system is not enclosed by or adjoined by more rigid
elements tending to prevent the frame from resisting lateral
forces :
T = 0 . 10N. . . . . . . . . . . . . . . . . (14-3B)
The value of S shall be determined by the following
formulas , but shall be not less than 1 . 0;
For TIT,= 1.0 or less S= 1.0+!—0.5[,
(14-4)
. 4
S= 1.2+0.6 T,—0.3 ITT.]
(I 4A)
WHERE:
T in Formulas (14-4) and (14-4A) shall be established
by a properly substantiated analysis but T shall be not less
than 0 . 3 second.
The range of values of T. may be established from
properly substantiated geotechnical data, in accordance with
U. B. C . Standard No . 23-1, except that Ts shall not be taken as
less than 0.5 second nor more than 2 . 5 seconds . TS shall be
that value within the range of site periods , as determined above,
that is nearest to T.
When T. is not properly established, the value of S
shall be 1 . 5 .
EXCEPTION: Where T has been established by a properly
substantiated analysis and exceeds 2 . 5 seconds, the value of �.
S may be determined by assuming a value of 2 . 5 seconds for T. .
480-15
17 . 04 . 210
" (e) DISTRIBUTION OF LATERAL FORCES. 1 . STRUCTURES
HAVING REGULAR SHAPES OR 'FRAMING SYSTEMS. The total lateral
force V shall be distributed over the height of the structure
in accordance with Formulas . (14-5) , (14-6) and (14-7) .
n
V= F, + F:........................(14-5)
The concentrated force at the top shall be determined according
to the following formula:
F, = 0.07TV.................(14-6)
Ft need not exceed 0 . 25 V and may be considered as 0
where T is 0 . 7 second or less . The remaining portion of the
total base shear V shall be distributed over the height of the
structure including level n according to the following formula:
(V—F,)(c,.l(... _
Fr— (1.1-r,
At each level designated as x, the force Fx. shall be
applied over the area of the building in accordance with the
mass distribution on that level.
"2. SETBACKS . Buildings having setbacks wherein the
plan dimension of the tower in each direction is at least 75
percent of the corresponding plan dimension of the lower part.
may be considered as uniform buildings without setbacks providing
other irregularities as defined in this section do not exist.
"3 . STRUCTURES HAVING IRREGULAR SHAPES OR FRAMING
SYSTEMS . The distribution of the lateral forces in structures
which have highly irregular shapes , large differences in lateral
resistance or stiffness between adjacent stories or other unusual
structural features shall be determined considering the dynamic
characteristics of the structure.
"4 . DISTRIBUTION OF HORIZONTAL SHEAR. Total shear
in any horizontal plane shall be distributed to the various ele-
ments of the lateral force resisting system in proportion to
their rigidities considering the rigidity of the horizontal
bracing system or diaphragm.
"Rigid elements that are assumed not to be part
of the lateral force resisting system may be incorporated into
buildings provided that their effect .on the action of the system
is considered and provided for in the design.
48o-16
17- 04. 210
"5 . HORIZONTAL TORSIONAL MOMENTS. Provisions shall be
made for the increase in shear resulting from the horizontal
.torsion due to an eccentricity between the center of mass and
the center of rigidity . Negative torsional shears shall be
neglected . Where the vertical resisting elements depend on
diaphragm action for shear distribution at any level, the shear-
resisting elements shall be capable of resisting a torsional
moment assumed to be equivalent to the story shear acting with
an eccentricity of not less than five percent of the maximum
building dimension at that level.
" (e) OVERTURNING. Every building or structure shall be
designed to' resist the overturning effects caused by the wind
forces and related requirements specified in Section 2308, or
the earthquake forces specified in this section, whichever
governs .
"At any level the incremental changes of the design
overturning moment, in the story under consideration, shall be
distributed to the various resisting elements in the same pro-
portion as the distribution of the shears in the resisting
system. Where other vertical members are provided which are
capable of partially resisting the overturning moments , a re-
distribution may be made to these members if framing members
of sufficient strength and stiffness to transmit the required
loads are provided.
"Where a vertical. resisting element is discontinuous,
the overturning moment carried by the lowest story of that ele-
ment shall be carried down as loads to the foundation.
" (g) LATERAL FORCE ON ELEMENTS OF STRUCTURES. Parts or
portions of structures and their anchorage shall be designed
for lateral forces in accordance with the following formula:
1;,= Z!C„S It! ..........................(14-8)
EXCEPTION : Where Cp in Table No . 23-J is 1.'0 or more
the value of I and S need not exceed 1. 0.
The distribution of these forces shall be according
to the gravity loads pertaining thereto.
" (h) DRIFT AND BUILDING SEPARATIONS. Lateral deflections
or drift of a story relative to its adjacent stories shall not
exceed 0 . 005 times the story height unless it can be demonstrated
that greater drift can be tolerated. The displacement calculated
from the application of the required lateral forces shall be
multiplied by (1. 0/K) to obtain the drift . The ratio (1. 0/K)
shall be not less than 1. 0 . "
480-17
1
17 . 04 . 210
"All portions of structures shall be designed and
constructed to act as an integral unit in resisting horizontal
forces unless separated structurally by a distance sufficient
to avoid contact under deflection from seismic action or wind
forces .
" (i) ALTERNATE DETERMINATION AND DISTRIBUTION OF SEISMIC
FORCES. Nothing in Section 2314 shall be deemed to prohibit
the submission of properly substantiated technical data for
establishing the lateral forces and distribution by dynamic
analyses , in such analyses . the dynamic characteristics of the
structure must be considered.
" (j ) STRUCTURAL SYSTEMS. T. DUCTILITY REQUIREMENTS.
A . All buildings designed with a horizontal force factor K =
0 . 67 or 0. 80 shall have ductile moment resisting space frames.
"B. Buildings more than 160 feet in height shall
have ductile moment resisting space frames capable of resisting
not less than 25 percent of the required seismic forces for the
structure as a whole .
EXCEPTION: Buildings more than 160 feet in
height in Seismic Zone No. 1 may have concrete shear walls de-
signed in conformance with Section 2627 of this Code in lieu
of a ductile moment resisting space frame, provided a K value
of 1.00 or 1. 33 is utilized in the design,
"C. In Seismic Zones No. 2 and No. 3 all concrete
space frames required by design to be part of the lateral force
resisting system and all concrete frames located in the perimeter
line of vertical support shall be ductile moment resisting space
frames.
"EXCEPTION: Frames in the perimeter line of the
vertical support of buildings designed with shear walls taking
100 percent of the design lateral forces need only conform with
Section 2314 (j ) 1D.
"D. In Seismic Zones No. 2 and No. 3 all framing
elements not required by design to be part of the lateral . force
resisting system shall be investigated and shown to be adequate
for vertical load-carrying capacity and induced moment due to
3/K times the distortions resulting from the Code required
lateral forces. The rigidity of other elements shall be consi-
dered in accordance with Section 2314 (e) 4 .
"E. Moment resisting space frames and ductile moment
resisting space frames may be enclosed by or adjoined by more
rigid elements which would tend to prevent the space frame from
resisting lateral forces where it can be shown that the action or
failure of the more rigid elements will not impair the vertical
and lateral load resisting ability of the space frame.
480-18
17- 04 . 210
'IF. The necessary ductility for a ductile moment-
resisting space frame shall be provided by a frame of structural
steel with moment-resisting connections (complying with Section
2722 for buildings in Seismic Zones No . 2 and No . 3 or Section
2723 for buildings in Seismic Zone No . 1) or by a reinforced
concrete frame (complying with Section 2626 for buildings in
Seismic Zones No. 2 and No, 3 or Section 2625 for buildings
in Seismic Zone No. 1) .
"G. In Seismic Zones .No: 2 and No. 3 all members
in braced frames shall be designed for 1. 25 times the force
determined in accordance with Section 2314 (d) . Connections
shall be designed. to develop the full capacity of the .members
or shall be based on the above forces without the one-third
increase usually permitted for stresses resulting from earth-
quake forces :
"Braced frames in buildings shall be composed of
axially loaded bracing members of A36, A440, A441, A501, A572
(except Grades 60 and 65) or A588 structural steel; or reinforced
concrete members conforming to the requirements of Section 2627.
"H. Reinforced concrete shear walls for all buildings .
shall conform to the requirements of Section 2627 .
"I. In structures where K = 0 . 67 and K = 0 . 803 the
special ductility requirements of structural steel (complying with
Section 2722 for buildings in Seismic Zones No . 2 and No . 3 or
Section 2723 for buildings in Seismic Zone No . 1) or by rein-
forced concrete (complying with Section 26.26 for buildings in
Seismic Zones No. 2 and No : 3 or with Section 2625 for buildings
in Seismic Zone No. 1) , as appropriate, shall apply to all
structural elements below the base which are required to trans-
mit to the foundation the forces resulting from lateral loads .
"2 . DESIGN REQUIREMENTS. A. MINOR ALTERATIONS. Minor
structural alterations may be made in existing buildings and
other structures , but the resistance to lateral forces shall be
not less than that before such alterations were made , unless
the building as altered .meets the requirements of this section
of the Code .
"B. REINFORCED MASONRY OR CONCRETE. All elements
within structures located in Seismic Zones No . 2 and No. 3 which
are of masonry or concrete shall be reinforced so as to qualify
as reinforced masonry or concrete under the provisions of Chapters
24 and 26 . Principal reinforcement in masonry shall be spaced
two feet maximum on center in buildings using a moment-resisting
space frame .
"C . COMBINED VERTICAL A11D HORIZONTAL FORCES . In com-
puting the effect of .seismic force in combination with vertical
loads ; gravity load stresses induced in members by dead load
plus design live load, except roof live load, shall be consi-
dered. Consideration should also be given to minimum gravity
loads acting in combination with lateral forces .
480-19
17 . 04. 210
"D. DIAPHRAGMS. Floor and roof diaphragms shall
be designed to resist the forces set forth in Table No . 23-J .
Diaphragms supporting concrete or masonry walls shall have con-
tinuous ties between disphragms chords to distribute, into the
diaphragms , the anchorage forces specified in this chapter.
Added chords may be used to form sub-diaphragms to transmit
the anchorage forces to the main cross ties. Diaphragm de-
formations shall be considered in the design of the supported
walls . See Section 2314 (j ) 3A for special anchorage require-
ments of wood diaphragms .
"3. SPECIAL REQUIREMENTS. A. WOOD DIAPHRAGMS PROVIDING
LATERAL SUPPORT FOR CONCRETE OR MASONRY WALLS. Where wood dia-
phragms are used to laterally -support concrete or masonry walls
the anchorage shall conform to Section 2313. In Zones No. 2 and
No. 3 , anchorage shall not be accomplished by use of toe nails,
or nails subjected to withdrawal; nor shall wood framing be used
in cross grain bending or cross grain tension.
"B . PILE CAPS AND CAISSONS. Individual pile caps and
caissons of every building or structure shall be interconnected
by ties , each of which can carry by tension and compression a
minimum horizontal force equal to 10 percent of the .!larger pile
cap or caisson loading, unless it can be demonstrated that equi-
valent restraint can be provided by other approved methods .
"C. EXTERIOR ELEMENTS. Precast , nonbearing, nonshear
wall panels or similar elements which are attached to or enclose
the exterior, shall accommodate movements of the structure re-
sulting from lateral forces or temperature changes . The concrete
panels or other elements shall be supported by means of cast in-
place concrete or by mechanical fasteners in accordance with the
following provisions..
"Connections and panel joints shall allow for a
relative movement between stories of not less than two times story
drift caused by wind or (3. 0/K) times story drift caused by re-
quired seismic forces; or 1/4 inch whichever is greater.
"Connections shall have sufficient ductility and
rotation capacity so as to preclude fracture of the concrete or
brittle failures at or near welds . Inserts in concrete shall be
attached to, or hooked around reinforcing steel, or' otherwise
terminated so as to effectively transfer forces to the reinforcing
steel.
"Connections to permit movement in the plane of
the panel for story draft shall be properly designed sliding
connections using slotted or oversize holes or- may be connections
which permit movement by bending of steel or other connections
providing equivalent sliding and ductility capacity .
" (k) ESSENTIAL FACILITIES. Essential facilities are those
structures or buildings which must be safe and usable for emer-
gency purposes after an earthquake in order to preserve the
peace , health and safety of the general public. Such facilities
shall include but not be limited to:
4Rn-pn
17- 04. 210
111. Hospitals and other medicalfacilities having
surgery or emergency treatment areas.
2. Fire and police stations.
3. Municipal government disaster operation and
communication centers deemed to be vital in
emergencies .
"The design and detailing of equipment ' which must
remain in place and be functional following a major earthquake
shall be based upon the requirements of Section 2314 (,g) . and
Table No.. 23-J . In 'addition, their design and detailing shall
consider effects induced by structure. drifts of not less than
(2 .0/K) times the story drift caused by required seismic forces
nor less than the story drift caused by wind. Special considera-
tion shall also be given to relative movements at separation
,joints .
TABLE NO. 23-I
VALUES FOR OCCUPANCY IMPORTANCE FACTOR I
TYPE OF OCCUPANCY I
Essential Facilities) 1. 5
Any building where the primary occupancy 1. 25'
is for assembly use for more than 300 persons
(in one room)
All others 1. 0
1See Section 2314 (k) for definition and
additional requirements for essential
facilities .
(Ord. 2027 , 14 Jan 76)
480-21
17 - 04. 220
17 . 04. 220 . Table No. 23-I of the Uniform Building Code
is amended by redesignating the Table as Table No. 23-K and by
amending the Table to read as follows:
TABLE NO.23-K.-HORIZONTAL FORCE FACTOR"V FOR BUILDINGS
OR OTHER STRUCTURES, .
vawt(IP.OF
col W ✓RIANNl1{NT or Ittlflam U1116tNS K
All building framing systems except as hereinafter
classified 1.00
Buildings with a box system as specifield in Section
2314 (b) 1.33
Buildings with a (]us] bracing system consisting of a
ductile moment resisting space frame and shear
walls using the following design criteria:
(1) The frames and shear wills shall resist the
total lateral force in accordance with their relative
rigidities considering the interaction of the shear
walls anti frames 0.80
(2) The shear walls :acting independently of the
ductile moment resisting portions of the space frame
shall resist the total required lateral forces
(3) 'rhe ductile moment resisting space frame shall
have the capacity to resist not less than 23 percent
of the requirctil lateral force
i
Buildings with a ductile moment resisting space frame
designed in accordance with the, following criteria: 0.67
The ductile moment resisting.space frame shall have
the capacity to resist the total required lateral force
Elevated tanks plus full contents, on four. or more
cross-hraced legs anti not supported by a bui'd- 2. 5 04
ing:a
Struc-tures ether than buildings and other than those 200
".t firth in Table No. 23-J
'whrie wind l ghe
oad as specified in Section 2307 would produce hir
stresses• thb load shall be used In lieu of the loads resulting From
earthquake forces.
'See maps on pages 122 and 123 for seismic probability zones and defini-
tion of'•7"as specified in Subsection (c).
Mic miniuurm vahle of "KC*' shall he 0.12 and the maximum value of
"KC"need not exceed 0,25.
"I L, I.—.1.hall 1. ,h•„µwd 1ur.m:a-vidvut.d turaron of five percrnl µ.%ppvrrfivd in
le.1,n.2:114(µ).t:lrvoled Lurk.w•hivh µre nrppurted by budding+to-hp u,r1 run•
I�rnn w trtry ur en:wµrnrrm it.uplurrtiug eia•ments as described A.,ry.hall I%-
dr.rµnrJ in iit%orduner with Seiti,rr,2314(d)2 ming-C." .2.
(Ord. 2027, 14 Jan 76) .
480-22
1 1 . U ei. e_,S U
17. 04 .230 . table No. 23-J of the Unifo,.-m Building Code is
amended to read as follows :
TABLE NO.23-J—HORIZONTAL FORCE FACTOR"C„"FOR ELEMENTS
OF STRUCTURES
OWT ON VALUE OF
►tat OR Pon"Of tR1Rt ms W MU C, .
Exterior livariog and oonbet ring wills' tiortit:tl to
interior bearing walls and partitions, Hut
interior nonhearing walla atttl partitions 11.211
Nf:tsonry or cooc•retc feneest surface
Cantilewe*r paritpe•t Normal to
Hat 1jX)7
sut-fac•e
Exterior and interior onnonenhttierts and Am l.lNl'
appendages. direction
\\'Itrn cnnooctt•d tn, part of, or housed
within:t huiltling:towtvs,hulks,towers Au% 0.31)2.3e
Mail tanks plus contents, siorage.recks Direction
over 6 feet in height plus contents,
equipment or ntachiner% not required
for life safetx systems or for continued
operation of essential facilities, chilli-
nes s. m okestacks and penthouses
Wftcn ciinnected to, part nl, or houst-d
• withinahetildiug,eynipna•ntorntacltitt- .Jiuy tte
er% re•goire•d for life salt t% systems or horn. 11.50
for continued operation of. essential - dirvettoo
fitcilitie•s.
When resting ott the gro old, gook plo. All
0.12
viiectisc ioass of its content:. direction
Snspcmied ceiling fr:trtting s%sit-1110
LJi,,lies to Seismic Zones Nos. 2 ,tad :3 {n> horiz' 11.211
• tine? elirrction
Fltors and roofs acting;its diaphragms" In plane of 0.12
(Imphragno.
Conticctiints fir exterior pant-I., air for jot` '
clonte•nt, cootplying with Section 2314 2.1N17
direction
_Q ) 3C.
Connections fir jtrclithrivated stntctorid Jilt%.
elente•nt% other th:m'witlls, with force iforizi'mul 0.3O
It plied it eeutet of graeih of assem direction
'Sec• also Section 2-312(h)fur minimum load on(IPHM-tintl eri-
teria for interior partitions.
"When located in tilt- upper Iwrtion of an% huildiog where the
ratio is five-to-one or greater the ratite shall he
increased h% .50 percent.
-1\W,,'• for storage ricks shall Ile the weight of the racks plus
contents. The value• of"C far racks over two storage sup-
port levels ill hcigtht shall Vie•.Ifi fur the lt•%'e•Is IK-low the top
tsvn levels.
'For l(,nrposes of detrrommig the lateral force, it ntininunn
titling weight of 5 pomtds per square foot shall he tesetl.
.,Flours.:tnd roofs acting as diaphragms shall be designed fur:t
minimtim force• resulting from it C„ of 0.12 applied to et
unless it greater force results front the distrihutiou of Lateral
forces in accordance with Section 2313(e).
"Tile"ItV"shall 1w equal to the total load pill%251xrccnt ofthe
0,or rive•load ill storage and warehouse occupancies.
r'fhe prollout of JC„S need not exceed the tabulated value
of f:_".
•For flexible and flexibly mounted equipment and machinery,
the,appropriate values of C4 shall be deteTmined.with con-
j16ratfon given to both tv dynamic properties. of the
equipment and machinery and to the building or structure
in which it Is placed but shall not be less than the listed
values. The design of the equipment and machinery and
their anchorage is an integral part of the design and specifi-
cation of such equipment and machinery.
Wor Essential Facilities,-the design and detailing of equip-
ment which must remain in place and be functional fol-
lowing a.,major earthquake shall consider drifts in ac-
cordance with Section 2914 (k).
(Ord . 2027 , 14 J an. 76)
48o-23.
17 .04 . 240--17. 0, _.-260
17. 04. 240. Section 2623 of .the Uniform Building Code is
amended to read as follows :
"Sec . 2623. All concrete slabs on grade shall have a
minimum net thickness: of 3-1/2" , shall be separated from the
ground by an approved vapor barrier and shall be provided with
minimum reinforcing equal to 61.1. x , 6" , #10 x. #10 welded wire
fabric .
"Where slabs on grade are placed in two layers , the
upper layeir shall have . a minimum net thickness of 3" and . the
lower layer a minimum net thickness of ,2!' . " (Ord.. 2027 , 14 -Jan 76)
17. 04. 250. Section 38.02 (b) 8 of the Uniform Building Code
is amended to read.,.as.,.follows :.
"Sec . 3802 (b) 8,. . In, Group .F, ;Division 2 occupancies used
for retail sales , wholesale sales , factories, or work shops using
combustible material, or storage of combustible goods, when the
building is over 12 ,000 sq. ft . in a single floor area or more
than two stories in height;• however, the area and height increases
specified in Sections 506 and 507 shall be permitted. " (Ord. 2027 ,
14 Jan 76)
17 . 04. 260 . Section 3802 (b) of the Uniform Building Code is
amended by adding thereto new paragraph 12 to read as follows:
1112 . Approved automatic fire extinguishing systems shall
also be installed and maintained in operable condition as speci-
fied in this chapter in the following locations :
"a. Throughout parking garages over 6,000 square feet
in area which are below grade or. which do not qualify as open
parking garages .
"b . Throughout bowling alleys over 6,000 square feet
in area.
"c. Throughout all drinking or dining establishments
exceeding 6 ,000 square feet or having an occupant load in excess
of 150 .
"d. Throughout all Groups A and B occupancies having
a stage or enclosed platform..
"e . Throughout all Groups A or B occupancies with an
occupant load of more than fifty (50) above the first story .
"f. Throughout all buildings or structures having
occupied floor area more than fifty-five (55) feet above grade
or containing four ( 4) or more stories.
"g. Throughout all Group H occupancies when the floor
area above the second floor, regardless of area separation walls,
exceeds 5 ,000 square feet, or when the total number of units in
any one structure exceeds fifty (50) .
480-24
i
17. 04._. -,7 0--17. 04. 280
"The respective increases for area and height specified
in Sections 506 and 507 shall .be permitted.
"Whenever an automatic fire extinguishing system is
required by this subsection 12 and by no ether provision of this
code, reasonable reduction of other fire ?rotection requirements
may be permitted when in the opinion of t.t.e Building Official
and the Fire Department the level of protE-tion contemplated
by the Uniform Building Code is substantiaEy maintained. "
(Ord. 2027, 14 Jan 76) .
17 , 04. 270. Section 4402 of the Unifo,,m Building Code is
amended to read as follows :
"Sec. 4402. TEMPORARY USE OF 'STREETS A.tTD ALLEYS. No person
shall use or occupy a street, alley or public,„ sidewalk for the
performance of work under building permit wit`-iout' an encroach-
ment permit therefor from the Department of Ptblic Works. The
use or occupancy of such space shall be in ecfzformance with the
requirements of that department . Whenever ncessary for the
issuance of such encroachment permit, the Puf)lic Works Department
may require that plans and construction details shall be submitted
for review. " (Ord. 202'7, 14 Jan 76)
17 .04. 280 . Chapter 59 -- Building Security . The Uniform
Building Code is amended by adding thereto a new Chapter 59 to
read as follows :
` "CHAPTER 59 -- BUILDING SECURITY
5901. Purpose. The purpose of this chapter is to set forth
minimum standards of construction for resistance to unlawful
entry .
5902. Scope . The provisions of this chapter shall apply to
all new- construction regulated by the Huntington Beach Building
Code for which application for building permit is made after
February 29 , 1976.
5903. Limitations. No provision of this chapter shall
impose or be construed to impose any requirements contrary
to the provisions contained in Chapter 33 . 0f the Huntington
Beach Building Code .
5904. Alternate security provisions .. When approved by
the Chief of Police, _ the Fire Chief and the Building Official,
site security systems may be provided in lieu of the specific
security provisions of this chapter.
In addition to the provisions of this chapter, development
projects incorporating site security systems shall also comply
with all applicable requirements -of the Huntington Beach Municipal .
Code.
The provisions of this chapter are not intended to pre-
vent the use of any device or method of construction not
480-25
17 . 04 . 280
specifically prescribed by this chapter when such alternate
provides equivalent security and has been approved as provided
. by Sections 106 and 107.
5905. Definitions . For the purpose of this chapter,
certain terms used herein are defined as follows:
"Cylinder guard" means a hardened ring surrounding the
exposed portion of the loch-.cylinder or other device which
is so fastened as to protect the cylinder from wrenching,
prying, cutting, or pulling by attack tools.
"Deadlocking latch" means a latch in which the latch
bolt is positively held in the' projected position by a guard
bolt , plunger, or auxiliary mechanism.
"Dead bolt" means a bolt which has no automatic spring
action and which is operated by a key .cylinder, thumb-turn, or
lever, and is positively held fast when in the projected posi-
tion.
"Latch" means a device for automatically retaining the
door in a closed position upon its closing.
"Light" means any glazed opening whether glazed with glass ,
plastic, metal, wood or composition sheets or panels , or similar
materials , and shall include windows , skylights , view ports or
view panels and similar openings .
5906. Tests . (1) Sliding Glass Doors. Panels shall .
be closed and locked. Tests shall be performed in the follow-
ing order:
(a) Test 'A ' . With the panels in the normal posi-
tion, a concentrated load of three hundred (300) pounds shall
be applied separately to each vertical pull stile incorporating
a locking device, at a point on the stile within six inches (611
)
of the locking device , in the direction parallel to the plane
of glass that would tend to open the door.
(b) Test 'B ' . Repeat above Test 'A ' while simulta-
neously adding a concentrated load of one hundred fifty (150)
pounds to the same area of the same stile in a direction per-
pendicular to the plane of glass toward the interior side of
the door.
(c ) Test 'C ' . Repeat above. Test 'B ' with the one i
hundred fifty (150) pound force in the reversed direction
toward the exterior side of the door.
(d) Tests 'D ' , 'E' and 'F' . Repeat above Tests 'A ' ,
'B' and ' C ' with the movable panel lifted upwards to its full
limit within the confines of the door frame.
480-26
17. 04. 280
( 2) Sliding Glass Windows . Sash shall be closed and
locked. Tests shall be performed in the following order:
(a) Test 'A' . With the sliding sash in the normal
position, a concentrated load of one hundred fifty (150) pounds
shall be applied separately to each sash member incorporating
a locking device , at a point on-the sash member within six inches
( 6" ) of the locking device, in-the direction parallel to the
plane of glass that would tend' to open the window.
(b ) . Test 'B' . Repeat above Test 'A' while simulta-
neously adding a concentrated load of seventy-five (75) pounds
to the same area of the same-sash. member in the direction per-
.pendicular to the plane of glass toward the interior side of
the window.
(c ) Test ' C ' . Repeat above Test 'B' with the seventy-
five (75) pound force in the-reversed direction toward the ex-
terior side of the window.
(d) Tests 'D ' , 'E ' and 'F' . Repeat above Tests 'A ' ,
'B ' and ' C ' with the movable sash lifted upwards to its full
limit within the confines of the window frame .
5907. Entry Vision. In Groups H and I Occupancies , all
entry doors to dwelling units shall be arranged so that the
occupant has a view of the area immediately outside the door
without opening the door. Such view may be provided by a door
viewer or view port or by window or other opening located and
constructed as required by this chapter. Such area shall be
provided with a light .
5908. Doors . (1) General. A door forming a part
of the enclosure of a dwelling unit or of an area of a building
occupied by one tenant shall be constructed, installed, and
secured as set forth in this section. A door enclosing a
private garage shall also comply with the provisions of this
section.
( 2) Swinging Doors .
(a) Swinging wooden doors openable from the inside
without the use of a key shall be of solid core construction
and not less than one and three-eighths inches (1-3/8" ) in
thickness or shall be covered on the inside face with sixteen
(16) gauge sheet metal attached with screws at six inch (611 )
maximum centers around the perimeter or equivalent . Lights in
doors shall be as set forth in this chapter.
(b) A single. swinging . door, the active leaf of a
pair of doors , and the bottom leaf of Dutch doors shall be
equipped with a dead bolt and deadlocking latch. The dead bolt
and latch may be activated by one lock or by individual locks .
Dead bolts shall contain hardened inserts , or equivalent , so as
480-27
i
17 . 04 . 280 '
to repel . cutting tool attack. The lock or locks shall be key
operated from the exterior side of the door and engaged or
disengaged from the interior side of the door by a device not
requiring a key or special knowledge or effort.
(c) A straight dead bolt shall have a minimum throw
of one inch (1" ) and the embedment shall be not less than five-
eighths inch (5/8" )_into the holding device receiving the pro-
jected bolt , a hook shape or expending lug dead bolt shall have
a minimum throw of three-fourths inch (3/4" ) . All dead bolts
of locks which automatically activate two or more dead bolts
shall embed at least one-half inch (1/2".) but need not exceed
three-fourths inch (3/411 ) into the holding devices receiving
the projected bolts .
EXCEPTIONS:
1. Locks may be key, or otherwise, operated
from the inside when not prohibited by Chapter 33 of the
Huntington Beach Building Code or other laws and regulations.
.2. A swinging door of width greater than five
(5 ) feet may be secured the same as overhead and sliding doors .
('d) A deadlocking latch shall be provided with a
bolt projecting not less than-five-eighths inch (5/8" ) from the
edge of the door in which it is installed.
(e) The inactive leaf of a pair of doors and the
upper leaf of Dutch doors shall b.e equipped with a dead bolt
or dead bolts as set forth in- subsection (b ) above.
EXCEPTIONS:
1. The bolt or bolts need not be key operated,
but shall not be otherwise activated, from the exterior side
of the door.
2. The bolt or bolts may be engaged or disen-
gaged automatically with the dead bolt or by another device
on the active leaf or lower leaf.
3. Manually operated hardened bolts at the top
and bottom of the leaf and which embed a minimum of one-half
inch (1/.2" ) into the device receiving the projected bolt may
be used when. not prohibited by Chapter 33 of the Huntington
Beach Building Code or other laws and regulations .
( f) Door stops on wooden jambs for in-swinging doors
shall be of one piece construction with the jamb or joined by
a rabbet .
(g) Nonremovable pins shall be used in pin-type
hinges which are accessible from the outside when the door is
closed.
480-28
17. 04 . 280
(h) Cylinder guards shall be installed on all mortise
or rim-type cylinder locks installed in doors whenever the cy-
linder projects beyond the face of the door or is otherwise
accessible to gripping tools .
(i) Unframed glass dooro shall be of fully tempered
glass not less than one-half (1/2) inch thick.
(j ) Narrow-framed glass doors shall be of fully
tempered glass not less than one-quarter (1/4) inch thick.
( 3) Sliding Glass Doors . Sliding glass doors shall be
equipped with locking devices and shall be so installed that
they remain .intact and engaged, when subjected to tests specified
in this , chapter. Movable panels shall not be rendered easily
openable or removable from the frame during or after the tests .
Cylinder guards shall be installed on all mortise or rim-type
cylinder locks installed in doors whenever the cylinder projects
beyond the face of the door or is otherwise accessible to grip-
ping tools . All sliding glass doors shall be installed so that
the sliding panel shall be on the inside of the fixed portion of
the door.
(4) Overhead and Sliding Doors .
(a) Metal or wooden overhead and sliding doors shall
be secured with a cylinder lock, padlock with a hardened steel
shackle , metal slide bar, bolt or equivalent when not otherwise
locked by electric power operation.
(b ) Cylinder guards shall be installed on all mortise
or rim-type cylinder locks installed in doors whenever the
cylinder projects beyond the face of the door or is otherwise
accessible to gripping tools .
( 5) Metal Accordion Grate or Grille-type Doors . Metal
accordion grate or grille-type doors, when installed as the
only method of building security, shall be equipped with metal
guides at top and bottom. A cylinder lock or padlock and hard-
ened steel shackle shall be provided. Cylinder guards shall
be installed on all mortise or rim-type cylinder locks installed
in doors whenever the cylinder projects beyond the face of the
door or is otherwise accessible to gripping tools .
5909 . Lights . (1) General.
(a) A window, skylight, or other light forming a
part of the enclosure of a dwelling unit or of an area of a
building occupied by one tenant shall be constructed, installed
and secured as set forth in this section when the bottom of
such window, skylight or light is not more than sixteen (16)
feet above the grade of a street, highway, yard, court, passage-
way , corridor, balcony , patio, breezeway, private garage , a
portion of the building which is available for use by the
public or other tenants , or similar area.
480-29
17 .04 . 280
I
(b) A window enclosing a private garage shall also
comply with the material and locking device requirements of
this section.
(2) Materials . In Groups A through G Occupancies , lights
having the least dimension greater than six (6 ) inches but less
than forty-eight (48) inches and in all occupancies lights
within forty (40) inches of a required locking device on a door
when the door is in the closed and locked position and is openable
from the inside without a key shall be ,fully tempered glass ,
approved burglary resistant material, or guarded by approved
metal bars , screens, or grills.
(3) Locking Devices . (a) Sliding glass windows shall
be provided with locking devices that remain intact and engaged,
when subjected to the tests specified in this chapter. Movable
panels shall not be rendered easily openable or removable from
the frame during or after the tests .
(b) Other openable windows shall be provided with
substantial locking devices which render the building as secure
as the devices required by this section. In Groups A through G
Occupancies , such devices shall be a glide bar, bolt , cross-
bar, or padlock with hardened steel shackle.
(c) Special. Louvered windows , except those in .H
and I Occupancies which are located more than twelve (12)
feet above an accessible surface as described in 'section 5909
(1 ) (a) , shall be of material or guarded as specified in this
section and individual panes shall be securely fastened by
mechanical fasteners requiring a tool for removal and not
accessible from the outside when the window is in the closed
position.
5910. Other Openings . (1) General. Openings , other
than doors or lights , which form a part of the enclosure, or
portion thereof, housing a single occupant and the bottom of
which is not more than sixteen (16) feet above the grade of
a street , highway, yard, court, passageway, corridor, balcony ,
patio, breezeway , or similar area, or from a private garage,
or from a portion of the building which is occupied, used or
available for use by the public or other tenants , or an opening
enclosing a private garage, shall be constructed, installed and
secured as set forth in the following paragraph.
(2) Hatchways , Scuttles and Similar Openings .
i
(a) Wooden hatchways less than one and three-fourths
inches (1-3/411 ) thick of solid wood shall be covered on the
inside with sixteen (16) gauge sheet metal attached with screws
at six inch(6" ) maximum centers around perimeter.
480-30
i
17.U,+.280--17. 04. 300 .
(b) The hatchway shall be secured from the inside
with a slide .bar, slide bolts , and/or padlock with a hardened
steel shackle .
( c) Outside pin-type hinges shall be provided with
nonremovable pins.
(d) Other openings exceeding ninety-six (96 ) square
inches with at least a dimension exceeding eight inches (811 )
shall be secured by metal bars ; screens, .or grilles in an
approved manner.
5911. - Garages Multiple ._pwellings. Whenever a develop-
ment - includes three or more dwelling units, all parking required
by other provisions of the Huntington Beach Municipal Code to be
covered shall be provided within fully enclosed garages.. Garage
spaces provided for any one tenant shall be separated from garage
spaces provided any other tenant . Separation shall consist of
a stud partition with stud spacing not exceeding twenty-four (24)
. inches covered on one side .with three-eighths inch ( 3/8" )
plywood or any approved equivalent separation. Doors and
windows in such garages shall be constructed and equipped as
required by this chapter.
5912. Provision--when effective. The provisions of this
Chapter 5.9 shall apply to all construction except that for which
application for building permit has been .filed prior to
March 1, 1976; and provided further that such plans are pro-
cessed and permit obtained and work performed in accordance
with the provisions of section 302. No extensions of the times
provided in section 302-shall be made in connection with such plans
unless the construction is made to comply with the provisions of
this chapter. " (Ord. 2027 , 14 Jan 76)
17. 04. 290 . Section 1313 (c) of the Appendix of the Uniform
Building Code is deleted. (Ord. 2027, 14 Jan 76)
17 .04. 300 . Section 7003 of the .Appendix of the Uniform
Building Code is amended by adding a new paragraph to read as
follows :
"Prior to the issuing of any permit for work which will
result in the removal of excavated material from the site
of the project , the applicant shall specify the approximate
amount of such material to be removed and the location where
such material will be placed. If the location where the material
is placed is within the city of Huntington Beach, the placement
of such material shall conform with the provisions of this
chapter. Prior to final inspection and approval of the work
authorized the Building Official shall be furnished with a
certificate that the excavated material has been disposed of
in compliance with this section." (Ord. 2027 , 14 Jan 76) .
480-31
17 . 04. 310 ,
17 .04 . 310 . Section 7014 (c) of the Uniform Building Code
is amended by changing the first paragraph to read as follows :
" ( c) ENGINEERI.NG GRADING REQUIREMENTS. For engineered
grading, it shall be the responsibility of the civil engineer
who prepares the approved grading plan to incorporate all rec-
ommendations from the soil engineering and engineering geology
reports. into the grading plan. He shall .also be responsible
.for the professional inspection and approval of the grading
within his area of technical specialty. This responsibility'
shall include, but need not be limited to, inspection and approval
as to the establishment .of line, grade and drainage of the deve-
lopment area. This . civil. engineer shall act as the coordinating
agent in the event the need arises for liaison between the other
professionals, the contractor, and the building official. The
civil engineer shall also be responsible for the preparation of
revised plans and the submission of as-graded grading plans . upon
completion of the work. The grading contractor shall submit an
affidavit of compliance to said as-built plans . " (Ord. 2027,
14 Jan 76)
Chapter 17. 08
HOUSING CODE
Sections :
17. 08. 010 Title.
17. 08. 020 Adoption.
17. 08.030 Compliance required.
17. 08. 040 Building or construct defined.
17. 08. 050 Minimum floor space.
480-32
17. 0 010--17. 08.050
17 . 08. 010 Title. This housing code shall be known
as and referred to as the "Huntington Beach housing code. "
(Ord. 1935 , 6 Nov. 1974)
17. 08.020 Adoption. There is adopted by the city
council by reference that certain code known as the Housing
Code , being Volume III of the Uniform Building Code, 1970
Edition, and the whole thereof. The purpose of such code
is to arrest, remedy and prevent the decay and deterioration
of places of habitation and to eliminate slums and blighted
neighborhoods by .providing minimum requirements for places
of habitation. for the protection .of - life, health, welfare,
safety and property of the general public and of the owners
and occupants of places of habitation in the city; to pro-
vide .for the issuance of permits and collection of fees
therefor; and to provide penalties for the violation thereof,
and repealing all ordinances and parts of ordinances in
conflict therewith except for the following sections of
this chapter, of which code not less than three copies have
been. and now are on file in the office of. the city clerk,
and the same is adopted and incorporated as fully as though
set out at length herein, as provided by Section 50022. 2
et seq. of the Government Code of the state of California,
and from the date the ordinance codified herein shall take
effect and the provisions thereof shall be controlling within
the corporate limits of the city. (Ord. 1627 , 2/71) .
Ord. 1424 , 7/68)
17. 08. 030 Compliance required. It is unlawful to
build or construct any building for human habitation within
this city containing less than the minimum area of floor
space as herein provided. (Ord. 1443, 9/68) .
17. 08.040 Build or construct defined. "Build or .
construct" includes any building constructed elsewhere and
moved to this city. (Ord. 1443, 9/68) .
17 .08. 050 Minimum floor space. The minimum floor
space area for any building constructed or used for human
habitation shall be as follows :
(A) Single family dwelling, not less than four hundred
square feet;
(B) Duplex or two family dwelling, not less than
seven hundred twenty (720) . square feet;
(C) Multiple family dwelling, not less than two
hundred forty (240) square feet for each separate apartment.
(Ord. 1443 , 9/68)
(The next page is 481)
480-33
17. _s.240--17.364 10
i
i
used by a governmental agency for a governmental purpose.
(.Ord. 7641 4/60)
17- 28. 240 Final inspection of moved building. Any
building moved into this city shall be subject to final
inspection by the building inspector -and shall be inspected
and approved prior to occupancy. It is unlawful to move
any building into this city to occupy the same unless the
same has been inspected_ and -approved by the building
inspector. (Ord. 764., 4/60) .
Chapter 17. 36-
TRAILER PARKS AND REGULATIONS
Sections :
17. 36. 010 Unlawful occupancy.
17. 36 020 Unlawful use
17. 36. 030 Cabana rental .
17. 36 .040 Unlawful trailer rental .
17.36 . 050 . Parking .on highway. .
17. 36. 060 Caretaker required.
17- 36 . 070 Site size .
17. 36 . 080 Driveway width.
17. 36. 010 Unlawful occupancy, It is unlawful for . any
person in a trailer park to use or cause or -permit. to be
used for occupancy :
(A) Any trailer coach from which any tire or wheel
has been removed therefrom, except for the purpose of making
temporary repairs 'or placing it in dead storage;
. (B) Any trailer coach to which are attached any rigid
water, gas or sewer pipes ; provided, however, that metal
tubing not to exceed one-half inch inside diameter may be
used for water, and that metal tubing not less than three-
quarter inch inside diameter nor more than fifteen feet in
length may be used for a gas connector from the branch ser-
vice riser to the service connector;
(C) Any trailer coach which is permanently attached
with underpinning . or foundation to the ground;
(D) Any trailer coach which does not conform to the
requirements of the California State Vehicle Code governing
the use of trailers on public- highways;
(E) Any trailer coach which does _ not carry a current
yearly license issued by any state or foreign vehicle
department;
(F) Any trailer coach in an . unsanitary condition;
(G) Any trailer coach which is structurally unsound
and does not protect its occupants against the .elements.
(Ord. 1150 (part) , 1965)
493
17. 36 .020--17. 36. 3
17. 36. 020 Unlawful use. It is unlawful. for any person
to occupy, as living quarters, any trailer coach upon any
area. or tract of land within the city, except as follows :
(A) A trailer coach may be parked and used as living
quarters in a licensed trailer park.
(B) A trailer coach may be parked for display, for
sale and/or trade purposes only on a trailer sales lot for
which a current business license has been issued.
(C) A trailer coach may be parked upon the streets
within the city during the daylight hours , if not in .
violation of any parking rule or regulation applicable to
the area. (Ord. 1150 , 6/65)
17. 36.030 Cabana rental. No structure or cabana on
any trailer site may be occupied unless the site is tenanted -
by a trailer, and no structure nor cabana may be occupied
by any occupants other than those occupying the trailer
tenanting the site. (Ord. 1150 , 6/65)
17. 36. 040 Unlawful trailer rental. It is unlawful
for any person to rent or hold out or rent any trailer F:
coach in a trailer park which is owned by or in the
possession or control of the owner or operator of the
trailer park or his agent. The rental paid for any such
trailer coach shall also be deemed to be rental for the
space it occupies . (Ord. 1150 , 6/65)
17. 36 . 050 Parking on highway. It is unlawful to park
a trailer coach overnight upon any public highway , including
the right-of-way . This provision shall not apply where a
trailer coach is parked for the purpose of making emergency
repairs . (Ord. 1150 , . 6/65) .
17 . 36. 06,0 Caretaker required. It is unlawful for any
person to operate or maintain,- or cause or permit to be
operated or maintained, any trailer park, unless there is .
a caretaker in the park at all times . The carekater shall
enforce within the park provisions of this chapter governing
he operation and maintenance of trailer parks. '(Ord. 1150•
17. 36. 070 Site size . Each trailer site in a trailer
park shall be not less than one thousand square feet in
area. The corners of said area shall be clearly and
distinctly marked. The provisions of this section shall
not apply to trailer sites in trailer parks in existence
and lawfully operating upon the effective date of the ordi-
nance codified herein. (Ord. 1150. 6/65)
494
17. 36.080
h
F'
17. 36.080 Driveway width. No driveway shall be less
than fifteen feet in clear "M unobstructed width. No ':.'
driveway shall be less .than twenty-two feet in width if
!a
parking is to be provided on one side of the driveway, and
not less than thirty feet in width if parking is to be pro-
vided on both sides of the driveway. All driveways shall '
have clear and unobstructed access to public thoroughfare.
The provisions of this section shall not apply to trailer
parks in existence and operating upon the effective date
of the ordinance codified herein, provided that in such
trailer parks no driveway shall be less than fifteen feet
in clear and unobstructed width. (Ord. 1150 , 6/65)
r
Y.
i,
1 it
r+'
The next page is 497.
t
495
17. 40. 330--17. 48. 350
been made to the plans and specifications last submitted
to the administrative authority, a permit fee based upon .
the valuation of the work to be completed shall be charged
to the permit applicant. (Ord. 1520, 9/69 )
17. 48. 330 Right of entry. The administrative authority
and his assistants shall carry proper credentials of their
respective offices , and upon exhibition of which they shall
have the right of entry during usual business hours to inspect
any and all buildings and premises in the performance of their
duties . (Ord. 1520, 9/69 )
17. 48. 340 Inspections and corrections . Upon completion
of the work which has been authorized by issuance of any
permit , with the exception of an annual permit, it shall be
the duty of the person, firm, or corporation installing same
to notify the administrative authority who shall inspect the
installation at the time such notice is given or as soon
thereafter as practicable. Where the administrative authority
finds the installation to be in conformity with the provisions
of this code, he shall indicate his approval by affixing his
signature to the proper records, thereby authorizing the use
of the installation and connection 'to the source of supply,
and shall notify the electrical utility furnishing the elec-
tric service . If, upon inspection, the installation is not
found to be fully in conformance with the provisions of this
code, the administrative authority shall at once notify the
person, firm .or corporation making the installation, and state
the defects which have been found to exist . All defects. shall
be corrected within ten (10) days after inspection and notifi-
cation, or within other reasonable time as permitted by the
administrative authority. (Ord. .1520, 9169 )
17 . 48. 350 Concealed wiring. . When any part of the wiring
installation is to be hidden from view by the permanent place-
ment of parts of the building, or by burial in the ground,
the person, firm, or corporation installing the wiring shall
notify the administrative authority and such parts of the
wiring installation shall not be concealed until they have
been inspected and approved by the administrative authority;
provided that on large installations where the concealment of
parts of wiring proceeds continuously, the person, firm, or
corporation installing the wiring shall give the administrative
authority due notice and inspections shall be made periodically
during the progress of the. work. The administrative authority
shall have the power to remove, or require the removal of,
any obstruction which prevents the proper inspection of any
electrical wiring or equipment. (Ord. 1520, 9/69)
499-12
(The next page is ,500.. )
17. 48.360--17. 48. 400
17. 48. 360 Inspection--Annual permits. Whenever prac-
ticable, the administrative authority shall visit all
premises where work has been done under annual permits, and
shall inspect all electric wiring, devices, appliances , and
equipment installed under such a permit since the date of
his last inspection. The administrative authority shall issue
a certificate of approval for such work as is found to be in
conformity with the provisions of this code after the fee
required by this code has been paid. (Ord. 1520, 9/69 )
17 . 48. 370 Unlawful connection of electrical service.
Except where work is done under an annual permit, it shall
be unlawful for any person, firm, or corporation to make
connection from a source of electrical energy or to supply
electric service to any electrical wiring, devices , appliances ,
or equipment for the installation of which a permit is
required, unless such person, firm, or corporation shall have
obtained satisfactory evidence from the administrative
authority that such wiring devices , appliances , or equipment
are in all respects in conformity with all applicable legal
provisions. (Ord. 1520, 9/69 )
17. 48. 380 Disconnected electrical service. It shall
be unlawful for any person, firm, or corporation to make
connections from a source of electrical energy or to supply
electric service to any electrical wiring, devices , appliances,
or equipment which has . been disconnected or ordered to .be
disconnected by the administrative authority, or the use of
which has been ordered by the administrative authority to
be discontinued until a certificate of approval has been issued
by him, authorizing the reconnection and use of such wiring,
devices , appliances, or equipment . The administrative
authority shall notify the serving utility of such order to
discontinue use. (Ord. 1520, 9/69)
17. 48. 390 Disconnected service--Commercial or industrial.
No existing commercial or industrial building whose electrical
service has been disconnected shall be reconnected with
permanent electrical service until the administrative authority
has determined that the building does not constitute an unsafe
building, as defined by Section 203 of the Uniform Building
Code. (Ord. 1520, 9/69 )
17. 48. 400 Rating. All electrical materials, devices,
appliances , and equipment, designed or intended for attachment
directly or indirectly to any electrical system, circuit, or
electrical service for light, heat, or power shall be only
those which conform with the requirements of this code and of
500
17. 4,_._ 4l0--17. 48. 470
rules and regulations adopted pursuant hereto. .Each such
article shall bear or contain the maker's name, trademark,
or identification symbol, together with such rating by the
manufacturer as may be necessary to determine the intended
use. The correct operating volts and amperes or volts and
watts , shall be stated and no person shall remove, alter,
deface or obliterate any such marking. (Ord. 1520, 9/69 )
.1.7. 48: 410 Listing or labeling. Listing or labeling,
as conforming to the standards of the Underwriter' s
Laboratories , Inc. , as approved by the United States Bureau
of Standards, or other similar institutions of nationally-
recognized standing, shall be prima facie evidence of con-
formity with approved standards of safety to life and
property. (Ord. 1520, 9/69 )
17 . 48. 420 Used materials . Previously used material
shall not be reused without written approval obtained in
advance from the administrative authority. (Ord. 1520, 9/69 )
17. 48. 430 Nameplates . The maker' s nameplate, trade-
mark, or other identification symbol shall be placed on the
outside where it is visible at time of inspection on all
electrical materials, devices, appliances, fittings, and
equipment used or installed under the provisions of this
code . (Ord.. 1520, 9/69 )
17. 48. 440 Wire sizes--American wire gauge (AWG) . Wher-
ever conductor or wire sizes are referred to or specified by
number in this code, such number shall be construed to mean
the number of gauge of such wire according to standard
American wire gauge specifications , abbreviated as "AWG. "
(Ord. 1520, 9/69 )
17. 48. 450 Alterations and additions. Alterations,
additions , extensions or renewal of existing wiring installa-
tions shall be made in compliance with the provisions of
this code. (Ord. 1520, 9/60)
17. 48. 460 Renewal of wiring. When a renewal, due to
deterioration or damage, does not exceed fifty (50) percent
of the area of an existing building or structure, such renewal
may be installed in the same wiring method as the existing
installation. (Ord. 1520, 9/69 ) .
17. 48. 470 Change of occupancy. When any building or
structure or portion thereof is placed in a different occupancy
classification, those portions directly affected by such
501
17. 48. 480--17. 48. 5;j
occupancy change shall be wired in compliance with the pro-
visions of this code. (Ord. 1520, 9/69)
17. 48. 480 Added load capacity. Relocated and exist-
ing buildings where additions or alterations occur which
require added load capacity, shall be provided with a new
service entrance switch and panel of adequate capacity to
serve the intended load, but in no case less than sixty
(60 ) ampere if a switch is used or fifty (50) ampere if a
circuit breaker is used. (Ord. 1520, 9/69 )
17. 48:490 Outside work. " No' bpen wiring shall be in-
stalled on the outside of any building or structure; all
electric wiring between buildings or between a building and
a structure shall be run underground in galvanized or
sherardized conduit or other approved raceway. This require-
ment shall apply to all runs to signs, floodlight poles, and
to poles supporting festoon lighting. Said festoon lighting
may be installed where necessary for auto park lighting,
outdoor games or similar uses . (Ord. 1520, 9/69)
17. 48. 500 Sign service. Signs, individually metered
with single-phase loads of less than three thousand five
hundred (3500) watts, or not more than two (2) circuits, may
be served by a two-wire service. (Ord. 1520, 9/69 )
17. 48. 510 Service-metering equipment. 'Service-metering
equipment shall in no case be installed in any occupancy
other than the one served by such service equipment .
EXCEPTION: Buildings of multiple occupancy may have all
service equipment installed in a meter or equipment room in
which case each occupant shall have access to such room at
all times. (Ord. 1520, 9/69 )
17. 48. 520 Show window lighting. At least one (1) switch
receptacle shall be installed directly above and next to the
window for every twenty (20) lineal feet of show window or
fraction thereof measured along its base. (Ord. 1520, 9/69 )
17. 48. 530 Service entrance. Each service entrance shall
be grounded independently. Ord. 1520, 9/69 )
i.
17. 48. 540 Service grounds. Single meter service grounds
shall terminate in the service disconnect . (Ord. 1520, 9/69 )
17. 48. 550 Accessible service ground clamp. The service
ground clamp shall be accessible at all times and shall be
accessible without the necessity of crawling at the time of
rough inspection. (Ord. 1520, 9/69 )
502
17. 48.._1)'0--17. 48. 58o
17. 48. 560 Exit. illumination. All exits shall be lighted
as required by other applicable city codes.
In every apartment house -or office building with two (2)
or more apartments or offices above the first floor, and in
every hotel, there shall be installed and kept burning from
sunset to sunrise throughout the year artificial light
sufficient in volume to illuminate properly every public
hallway, passageway, public stairway; fire escape egress,
elevator, public water closet compartment, or toilet room.
(Ord. 1520, 9/69 )
17. 48. 570 Fire alarms.
a Every apartment house three (3) or more stories in
height and containing more than fifteen (15) apartments , and
every hotel three (3 ) or more. stories in height containing
twenty (20) or more guest rooms shall have installed therein
an approved automatic or manually-operated fire alarm system
designed to warn the occupants of the building in the event
of fire. Such fire .alarm. system shall be so designed that
all occupants of the building may be warned simultaneously.
(b ) No signal system or intercommunicating system used
for any purpose other than fire warning meets the requirements
of this code.
(c ) Stations for operating any manually-operated fire
alarm system shall be placed immediately adjacent to the tele-
phone switchboard in the building, if there is a switchboard,
and at such other locations as may be required by the fire
department. (Ord. 1520, 9/69 )
17. 48. 580 Penalty. It shall be unlawful for any person,
firm, or corporation, either as. owner, architect , contractor,
artisan, or otherwise to install, alter, repair, move, improve,
remove, or convert , use or maintain any electrical equipment
regulated by this code; to cause or permit same to be done
contrary to or in violation of any provision of this code.
_ . (Ord. 1520, 9/69 )
Chapter 17. 56
UNIFORM FIRE CODE
Sections :
17. 56 .010 Adopted.
17.'56 . 020 Bureau .of fire prevention--Created--Duties.
17. 56 . 030 Definitions .
17. 56. 040 Prohibited districts where aboveground
storage of flammables prohibited.
17 . 56 . 050 Restricted districts for bulk storage of
liquefied petroleum gases .
17. 56 .060 Prohibited districts for storage of
explosives and blasting agents .
17. 56 .070 Amendments to Uniform Fire Code.
. 503
17. 56. 010
Sections : (Continued)
17. 56 . 080 Section 1.218 added--Fire incident report.
17. 56 . 090 Section 1.216 amended--Standards for
compliance.
17. 56 .100 Section 1. 403 amended--Definitions .
17. 56 . 110 Section 10. 103 (f) added--Obstructing exits. �.
17. 56. 120 Section 10 .114 added--Mall use.
17. 56 . 130 Section ' 11. 105 amended--Bond requirement.
17. 56 . 140 Section 12 . 102 (a) amended--Fireworks-
Manufacture.
17. 56 . 150 Sections 12. 107, 12. 108 and 12 . 109 added--
Fireworks .
17 .56 . 160 Section 13. 207 amended--Hydrant use approval.
17. 56.. 170 Section 13. 208 amended--Building access.
17. 56 . 180 Section 13. 301 (d) , (e) , (f) , (g) , and (h)
added--Hydrant placement.
17.56 . 190 Section 13. 301. 1 added--Commercial cooking
safety precautions.
17. 56 . 200 Section 13. 315 added--Protection equipment
testing.
17. 56 . 210 Section 15. 104 amended--Flammable liquid
containers .
17. 56 . 220 Section 15. 1002 amended--Oil well drilling.
17. 56. 230 Section 31. 101. 1 added--Welding and cutting
permit.
17. 56 . 240 Section 10. 113 amended--Occupant loads .
17. 56 . 250 Section 13. 307 (a) amended--Alarm systems
required.
17. 56 . 260 Section 15 . 307 amended--Tank piping testing.
17. 56 . 270 Section 15. 705 (e) (4) amended--System testing.
17. 56 .280 Section 15. 710 (c) (8) amended--Piping testing
compliance.
17. 56 . 290 Section 15. 1101 amended--Tank vehicle
permit.
17 . 56 . 300 Section 15. 1102 amended--Tank vehicle
construction.
17. 56. 310 Section 31. 111 (c) amended--Fuel gas cylinder
storage.
17. 56. 320 Appeals .
17. 56. 330 New materials , processes or occupancies--
Permits .
17. 56 . 340 Violation--Penalty.
17 . 56 . 010 Adopted. There pis adopted by the city
council for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or
explosion, that certain code known as the Uniform Fire
Code, compiled by the International Conference of Building
Officials and the Western Fire Chiefs Associations , Inc. ,
being particularly the 1973 Edition thereof and the whole
thereof, save and except such portions as are hereinafter
504
5. 04 . olo
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters :
5. 04 General Provisions
0 Licensing Procedures
5 . 10 Enforcement of Title
5. 12 Exemptions to Provisions
5. 17 Rates
5. 20 Ambulance Service
5. 27
Bathhouses--Massage Parlors
5.27 Dance Halls
5. 32 Oil Production
5.37 Pawnbrokers, Junk Dealers and Secondhand Dealers
5. 40 Private Patrol Service
5. T Restaurants--Amusement and Entertainment Premises
5. 7 Taxicabs--Vehicles For Hire
5. 52 Motion Picture Theaters
Chapter 5. 04
GENERAL PROVISIONS
Sections:
5. 04. 010 Definitions .
5. 04 . 020 Purpose.
5. 04. 030 Effect on other ordinances .
5. 04 . 040 Effect on past actions and obligations .
5. 04. 050 Prohibited occupations .
5. 04 . 060 Permit from council required for certain
businesses .
5. 04. 070 Permit--Petition.
5. 04 . 080 Investigation fees .
5. 04. 090 License not a permit.
5. 04 . 010 Definitions .
a) "Apartment house," as used in this chapter, includes
any building, or portion thereof, which is designed, built ,
rented, leased, let or hired out to be occupied, or which is
occupied as the home or residence of three or more families
living independently of each other, in which building or portion
thereof, kitchen or cooking facilities are incorporated, whether
or not the occupants do their cooking in said building, and
shall include flats and apartments.
81
t
5. 0"4. 010
(b ) "Average number of employees ," as used in this chapter,
includes the total number of employees in the managing; operation,
transacting and carrying on of any business in the city. The
average number of employees for any business having a fixed
.. location. in the city means the average number of persons employed
daily for the twelve month period ending on the December 31st
next preceding the date of license application, and shall be
determined by ascertaining the total number of hours of service .
performed by all employees during such year, and dividing the
total number of hours of service thus obtained .by the number
of hours of service constituting a day' s work, according to the
custom or laws governing such employments , and by again dividing
the sum thus obtained by the number of business days in such
year. Provided further, that the average number of employees
for any business not having a fixed location in . the city means
the number of persons employed daily for' the period during which
the applicant for a license conducts such business ,. and shall
be determined by ascertaining the total number of hours of.
service performed by all employees during the three days , or
less, on which the greatest number of persons is employed,
and dividing the total number of hours of service thus ob-
tained by the number of hours of service constituting a day s
work, according to the custom or laws governing such employ-
ments, and again dividing the sum thus obtained by the number
of business days upon . which the total hours of service is based.
(c ) "Bulk-vending machine," as used in this chapter,
means a nonelectrically-operated vending machine, containing
unsorted confections, nuts or merchandise which, upon insertion
of a coin or coins, dispenses same in equal portions, at ran-
dom and without selection by the customer, excluding"vending
machines . "
(d) "Business," as used in this chapter, includes pro-
fessions , trades, and occupations and all and every kind of
calling whether or not carried on for profit.
(e) "General building contractor," as used in this
chapter, means a contractor whose principal contracting business
is in connection with any structure built, being built or to be
built, for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind, requiring in its con-
struction the use of more than two unrelated building trades
or crafts or to do or superintend the whole or any part there-
of.
(f) "General -engineering contractor," as used in .this
chapter, means a contractor whose principal .contracting busi-
ness is in connection with fixed works requiring specialized .
engineering knowledge and skill, including the following di-
visions or subjects : Irrigation, drainage, water power, water
supply, flood control, inland waterways, harbors, docks
82
r
5 . .380--5 . 52.020
5 . 48 . 380 Driver' s permit--Revocation. The chief of
police may revoke or suspend any such driver' s permits so is—
sued for any violation of the provisions of this chapter by
the holder of such permit or for the existence of any state
of facts which would have been a good reason for denying such
permit when applied for, whether such facts existed at the time
application was made. for such permit or came into existence
thereafter. (Ord. 1368, 11/67) .
5. 48• 390 Driver' s permit--Refusal--Appeal. In the
event of a. refusal , .re.vocation .or suspension.,of any driver's .. -
permit by the chief of police, the applicant or permittee may
appeal from the decision to the city council, which may in its
discretion affirm, reverse or modify the decision made by .the
chief of police. (Ord. 1368, 11/67) .
5. 48. 400 Permit and certificate nontransferable . No
certificate or permit issued .under the terms of this chapter
shall be transferable either. by contract or operation of law
without the permission of the. city council having been first
obtained. (Ord. 1368, 11/67) .
Chapter 5 .52
MOTION PICTURE THEATERS
Sections :
5. 52 .010 Exemptions=-Noncommercial. exhibitions .
5. 52 . 020 Permit--Requirement.
5. 52 .030 Permit--Application.
5. 52 .040 Building prerequisites .
5.52. 050 Permit prerequisite to license.
5 . 52. 010 Exemptions--Noncommercial exhibitions . The
permit provisions of this chapter shall not apply to any motion
picture exhibition room or auditorium in any school- building or
premises of any religious organization in this city which
exhibition is being conducted under authority and direction of
such school or religious organization. (Ord. 1894, 1/74; Ord.
152 , 2/15 ) .
5. 52. 020 Permit--Requirement. No person shall hold,
conduct or carry on, or cause or permit to be held, conducted,
or carried on, any motion picture exhibition, or any enter—
tainment at which motion pictures are. exhibited, without a
159
5 .52 .020--5 .52 . . D0
permit therefor in writing, granted by the council, as herein- `
after provided. (Ord. 152, 2/15) .
5. 52 . 030 Permit--Application. Any person desiring to
obtain a permit to hold, conduct , or carry on a motion picture
exhibition, or any entertainment at which motion pictures are
exhibited, shall file an application in writing therefor with
the council, specifying the place where such exhibition or
entertainment is proposed to be held, conducted or carried on,
which said application shall be signed by the applicant.
(Ord. 152 , 2/15 ) .
5 .52. 040 Building prerequisites . No permit to hold,
conduct or carryon a motion picture exhibition, or any en-
tertainment at which motion pictures are exhibited shall be
granted by the council unless the building or room in which
said exhibition or entertainment is to be held or carried on,
shall conform to all of the provisions of the Uniform Building
Code and the Uniform Fire Code and any future amendments or.
additions appertaining thereto. (Ord. 1894, 1/74; Ord. 152,
2/15 ) .
5 . 52. 050 Permit prerequisite to license . The city clerk
shall not issue any license to hold, conduct or carry on a
motion picture exhibition, or any entertainment • at which motion --t
pictures are exhibited, until the council shall have granted
a permit therefor, as provided in this chapter. (Ord. 152, 2/15) .
(Next page is 161)
160
Title 6
(RESERVED)
161
_v
Title 7
ANIMALS
RESERVED
(The next page is 189 . )
163
QTitle 17
BUILDINGS AND CONSTRUCTION
Chapters :
17. 04 Building Code
17. 08 Housing Code
17. 12 Dangerous Buildings Code
1-7. 16 Masonry Walls
17. 20 Driveways and Parking Area
17. 24 Sun Decks--Windscreens
17. 28 Moving Buildings
17. 32 Fire Zones
17. 36 Trailer Parks and Regulations .
17. 40 Mechanical Code
17. 44 Plumbing Code
17. 48 Electrical Code
17. 52 Swimming Pool Code
1� Uniform Fire Code .
Chapter 17. 04
BUILDING CODE
Sections':
17.04. 010 Title :
17. 0.4.020 Adopted.
17.04. 030 Concrete floor thickness .
17.04. 040 Metal base screed.
17. 04.050 State housing regulations .
17.04. 060 Lot test waiver.
17. 04. 070 Section 302 (d) amended--Permit expiration.
17.04.080 Section 303 (a) amended--Permit fees.
17.04. 090 Section 303 (c) , (d) and (e) added--Addi-
tional fees .
17. 04. 100 Section 306 (a) amended--Occupancy
certificate.
17. 04. 110 Section 1603 (a) amended--Fire zone 2 excep-
tions .
17.04. 120 Section 3802 (b) 8 amended--Fire extinguishing
system.
17. 04. 130 Section 3802 (d) added--Fire extinguishing
systems.
17.04. 140 Permits requiring discretionary approval.
17.04. 150 Penalty.
473
17 . 04. 010--17. 04. 03,, .
17.04 .010 Title . This building code shall be known
as and referred to as the "Huntington Beach building code. " "
(Ord. 1935 §77, 1974) .
17. 04.020 Adopted. There is adopted by the city
council of Huntington Beach that certain code known as
the Uniform Building Code, Volume I , 1970 edition, and the
whole thereof, for the purpose of regulating the erection,
construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment,
Use , height, area and maintenance of buildings or structures
in the city; . providing for issuance of permits and collec-
tion of fees therefor; declaring and establishing fire
districts ; providing penalties for the violation thereof,
and repealing all ordinances and parts of ordinances in
conflict therewith except for Chapters 17. 16 , 17. 20 , 17. 24,
17. 28 and 17. 36 , and the following sections of this chapter,
of which code not less than three copies have been and now
are on file in the office of the city clerk and the same
is adopted and incorporated as fully as though set out at
length herein, as provided by Section 50022. 2 et seq. of
the Government Code of .the state of California, and from
the date the ordinance codified herein shall take effect
and the provisions thereof shall be controlling within the
corporate limits of the city. (Ord. 1626 (part) , 1971 :
Ord. 1331, 1967 : Ord. 1139 , 1965 : . Ord. 1064 , 1964 : Ord.
869 , Ord. 1961 : Ord. 592 , 1952 : Ord. 530 , 1948 : Ord. 375 ,
1934) .
17. 04 . 030 Concrete floor thickness . . (A) Except
where otherwise permitted in this section, concrete slab-
on-ground shall be nominal four inches or more in thick-
ness with not less than three and five-eighths inches
(actual) at any point and for all habitable spaces the
following shall be the minimum requirements : Separation
from earth with approved vapor barrier (polyethylene
minimum .006 or equal mils) and reinforced with minimum
6" x 6" and #10 x #10 welded wire fabric.
(B) Structural Slabs . Structural slabs shall be of
design thickness, but not less than four inches .
(C) Double Slabs . Where slabs-in-ground are placed
in two operations (double slabs) minimum thickness of upper
slab, three inches ; lower slab, two inches .
(D) Proportions of Cement. Proportions of cement,
fine and coarse aggregate and mixing water shall be selected
to produce concrete of the required durability, workability
and strength. Proportions shall follow the recommendations
of the American Concrete Institute (ACI 613) . The mixture
shall be such that the concrete will work readily into
corners and angles of forms and around reinforcement with-
out segregation of materials or .accumulation of excess free
474
17. t- 040--17. 04. 070
water on the surface .
(E) Concrete. Concrete shall contain not less than
five sacks of cement per cubic yard.
(F) Mixing Water. Quantity of mixing water shall not
exceed seven_ and one-half gallons_ per sack of cement, in-
cluding the .free water contained in the aggregate.
(G) Slump. The following conditions shall apply to
slump :
(1) Maximum slump shall not exceed four inches for
normal weight concrete or three inches for lightweight con-
crete except that a •slump not to exceed six inches may be
permitted provided segregation of aggregate particles does
not occur.
(2) Standard test ASTM C-143 shall .be used to
measure slump.
(3) Concrete shall have a compressive strength,
at twenty-eight days , of at least the required design .
strength but not " less than two thousand psi .
(4) - A copy of the bill of lading for all such
materials must be made available to the Huntington Beach
building department -inspectors upon request. (Ord. 1018 ,
(part) , 1964 : Ord. 893 , 1962 : Ord. 859 (part) , 1961) .
17 . 04. 040 Metal base screed. Metal base screed shall
be installed prior to exterior plaster lath application on
all residential frame construction. (Ord. 1063 (part) ,
1964) .
17. 04. 050 State housing regulations . Sections 17953 ,
17954 , 17955 , 17956 and 17957 of the State Health and
Safety Code , shall govern in relation to housing. (Ord.
1167 (part) , 1965) .
17. 04. 060 Lot test waiver. Under authority of Section
17957 California Health and Safety Code , the building depart-
ment may waive the requirements for tests on individual
lots as set forth in Section 17954 of the California Health
and Safety Code, if as an alternative each and every dwell-
ing within the subdivision is structurally designed to with-
stand the most critical soil problem within that subdivision.
(Ord. 1167 (part) , 1965) .
17. 04 . 070 Section 302 (d) amended--Permit expiration.
Section 302 (d) , entitled "Expiration, " of the Uniform
Building Code , Volume I , 1970 Edition, is hereby amended
by adding thereto the following:
"However, that period of time between the date of
filing of an application for a permit pursuant to the
California Coastal Zone Conservation Act and the date final
action is taken on said application shall not be included
475
17. 04. 090
in either the sixty or one hundred twenty day period. "
(Ord. 1831 (part) , 1973) .
17. 04. 090 Section 303 (c) , (d) and (e) added--Addi-
tional fees . Section 303 of the .Uniform Building Code,
Volume I , 1970 Edition, is amended by adding new subsec-
tions 303 (c) , 303 (d) and 303 (e) , to read as follows :
" 303 (c) Special Services . At the request of an appli-
cant the Building Official may authorize the performance
of special services not otherwise required by this code nor
included in the schedule of fees as specified in this section.
The fee for any such special service shall be set by resolu-
tion of the City Council. The minimum fee shall be based
on not less than two hours per special service request.
The fee shall be paid to the City of Huntington Beach.
303 (d) Investigation Fees . Where any work requiring
a permit commences prior to the obtaining of the permit,
the total permit fee shall be the standard permit fee as
required in subsection (a) of this section plus an investiga-
tion fee . Where the standard permit fee is equal to $10 . 00 .
or less , the minimum investigation fee shall be $10 . 00.
Where the standard permit fee is in excess of $10. 00 , 'the
investigation fee shall be the same as the standard permit
fee.
The payment of the investigation fee shall not exempt
any person from compliance with the provisions of the code
or from any other penalty prescribed by- law.
303 (e) Reinspection Fee. A reinspection fee may be
assessed for each inspection or reinspection when such portion
of work for which inspection is called is not complete or
when corrections called for are not made .
This subsection is not to be interpreted as requiring
reinspection fees the first time a job is rejected for
failure to comply with the requirements of this code, but
as controlling the practice of calling for inspections be-
fore the job is ready for such inspection or reinspection.
Reinspection fees may be assessed when the permit card
is not properly posted on the work site, the approved plans
are not readily available to the inspector, for failure to
provide access on the date for which inspection is requested,
or for deviating from plans requiring the approval of the
Building Official.
To obtain a reinspection the applicant shall file an
application therefor in writing and pay the reinspection
fee.
476
17. _ .100--17. 04. 120
In instances where reinspection fees have been assessed,
no additional inspection of the work will be performed until
the required fees have been paid.
The fee for each reinspection shall be $10.00. "
(Ord.. 1868 (part) , 1973) .
17.04. 100 Section 306 (a) amended--Occupancy certificate.
Section 306 (a) , entitled "Use or Occupancy" of the Uniform
Building Code, Volume I , 1970 Edition, is amended by adding
thereto the following:
"CONDITIONAL CERTIFICATE. A conditional certificate of
occupancy may be issued by the building official for the
use of a portion or portions of a building or structure
prior to the completion of the entire building. or structure.
Prior to issuing a conditional certificate of occupancy,
the building official shall determine that the building or
structure meets minimum requirements for the health, safety
and welfare of occupants and that the issuance of such cer-
tificate will not interfere with or hinder the completion
of the building:
(a) The expiration date;
(b) A list of items to be completed prior to acceptance
of the building or structure, and issuance of a final
certificate of occupancy; and
(c) A statement that a conditional certificate of
occupancy is temporary in nature and that it is issued with
the understanding-that continued occupancy of the building
or structure is contingent upon the completion of listed
items and issuance of a final certificate of occupancy for
the entire building. " (Ord. ' 1831 (part) , 1973 : Ord. 1626
(part) , 1971) :
17.04. 110 Section 1603 (a) amended--Fire zone 2 excep-
tions . Section 1603 (a) entitled"Restrictions in. Fire Zone
No. 2" of the Uniform Building Code , Volume I , 1970 Edition,
is amended by adding thereto the following:
"EXCEPTION: Greenhouses and lath houses , not exceed-
ing three thousand (3000) square feet in floor area, may be
erected in Fire Zone No. 2. They shall be not less than
five (5) feet from any property line , except a street
property line, and ten (10) feet from other buildings on
the same property. " (Ord. 1898, 1974 : Ord. 1626 (part) ,
1971) .
17. 04 . 120 Section 3802 (b) 8 amended--Fire extin uishin
system. Section 3802 (b) 8 of the Uniform Building Code ,
1970 Edition, is" amended to read as follows :
477
17. 04. 130--17 . 04. 1
" 3802 (b) 8. In Group F, Division 2 occupancies used
for retail sales, wholesale sales , factories and workshops
using combustible material, or storage of combustible goods ,
when the building is over 12 ,000 square feet in a single
floor area or more than two stories in height, however,
the respective increases for area and height as specified
in Sections 506 and 507 shall be permitted. " . (Ord. 1802
(part) , 1973) .
17. 04. 130 Section 3802 (d) added--Fire extinguishing
systems . Section 3802 of the Uniform Building Code, 1970
Edition, is amended by adding thereto subsection (d) , to
read as follows :
"3802 (d) . Approved automatic fire extinguishing systems
shall also be installed and maintained in operable condi-
tion as specified in this chapter in the following locations :
(1) Throughout parking garages over 6,000 square feet
in area.
(2) Throughout bowling alleys over 6 ,000 square feet
in area.
(3) Throughout all drinking and dining establishments
exceeding 6 ,000 square feet or having an occupant load in
excess of 150 .
(4) Throughout all A and B occupancies having a stage
or enclosed platform.
(5) Throughout all structures having an A or B
occupancy with an occupant load of more than fifty (50)
above the first .story.
(6) Throughout all buildings or structures with a
usable floor area that is fifty-five (55) feet above grade
or containing four (4) or more stories .
(7) Throughout all H occupancies when the floor area
above the second floor, regardless of area separation walls ,
exceeds 5,000 square feet, or when the total number of units
in any one structure exceeds fifty (50) .
In all cases set forth above , the respective increases
for area and height specified in Sections 506 and 507 shall
be permitted.
Whenever an automatic fire extinguishing system is re-
quired by this subsection (d) and by no other provision of
this code, reasonable reduction of other fire protection
requirements may be permitted when in the opinion of the
Building Official and the Fire Marshal the level of protec-
tion contemplated by the Uniform Building Code is substan-
tially maintained. ". (Ord. 1802 (part) , 1973) .
17.04. 140 Permits requiring discretionary approval.
Whenever any type of discretionary approval is required
pursuant to the requirements contained in Division 9 of
478
17. 04. 150
the Huntington Beach Ordinance, no permit shall issue for
excavation, grading, construction, obstruction, remodeling,
alteration, addition, relocation or any act which prepares
real property for the construction of a building or structure
or for the development of said property, or for the establish-
ment of a use, until such discretionary approval has been
procured. (Ord. .1888, 1973) .
17. 04. 150 Penalty. (A) It is unlawful for any person,
firm or corporation to occupy , or permit to be occupied,
any building or structure, or maintain a building or struc-
ture which is occupied -in the city of Huntington Beach,
prior to the issuance of a certificate of occupancy, or
conditional certificate of occupancy for such building or
structure , or contrary to the terms of any such certificate
of occupancy or conditional certificate of occupancy, or
after the expiration of the conditional certificate of
occupancy:
(B) Any person, firm or corporation occupying or per-
mitting the occupancy of any building or structure, or main-
taining a building or structure which is being occupied in
the city , prior to the issuance of a certificate of occupancy
or conditional certificate of occupancy for such building
or structure , or contrary to the terms of any such certifi-
cate of occupancy or conditional certificate of occupancy,
or after the expiration of the conditional certificate of
occupancy, shall be deemed guilty of a misdemeanor, and each
such person, firm or corporation shall be deemed guilty of
a separate. offense for each and every day, or _portion there-
of, during which such building or structure is occupied in
violation of this code , and upon conviction of any- such
violation, such person shall be punishable by a fine of not
more than three hundred dollars , or by imprisonment for not
more than ninety days , or by both such fine and imprisonment.
(Ord. 1484 , 1969) .
Chapter 17. 08
HOUSING CODE
Sections :
17. 08,. 010 Title..
17. 08.020. Adoption.
17. 08. 030 Compliance required.
17. 08. 040 Build or construct defined.
17.08. 050 Minimum floor space.
479
17 . 08 . 010--17. 08. 0
17.08.010 Title. This housing code shall . be known
as and referred to as the "Huntington Beach housing code. "
(Ord. ' 1935 §78, 1974) .
17. 08. 020 Adoption.' There is adopted by the city
council by reference that certain code known as the Housing
Code, being Volume III of the Uniform Building Code, 1970
Edition, and the whole thereof. The purpose of such code
is to arrest, remedy and prevent the decay and deterioration
of places of habitation and to eliminate slums and blighted
neighborhoods by providing minimum requirements for places
of habitation for the protection of life, health, welfare,
safety and property of the .general public and of the owners
and occupants of places of habitation in the city; to pro-
vide for the issuance of permits and collection of fees
therefor; and to provide penalties for the violation thereof,
and .repealing all ordinances and parts of ordinances in
conflict therewith except for the following sections of
this chapter, of which code not less than three copies have
been and now are on file in the office of the city clerk,
and the same is adopted and incorporated as fully as though
set out at length herein, as provided by Section 50022. 2
et seq. of the Government Code of the state of California,
and from the date the ordinance codified herein shall take
effect and the provisions thereof shall be controlling within
the corporate limits of the city. (Ord. 1627 (part) , 1971 :
Ord. 1424, 1968) .
17.08. 030 Compliance required. It is unlawful to
build or construct any building for human habitation within
this city containing less than the minimum area of floor
space as herein provided. (Ord. 1443 (part) , 1968) .
17. 08. 040 Build or construct defined. "Build or
construct" includes any building constructed elsewhere and
moved to this city. (Ord. 1443 (part) , 1968) .
17.08. 050 Minimum floor space. The minimum floor
space area for any building constructed or used for human
habitation shall be as follows :
(A) Single family dwelling, not less than four hundred
square feet;
(B) Duplex or two family dwelling, not less than
seven hundred twenty square feet;
(C) Multiple family dwelling, not less than two
hundred forty square feet for each separate apartment.
(Ord. 1443 (part) , 1968) .
480
17. -,.240--17. 32. 020
used by a governmental agency for a governmental purpose.
(Ord. 764 (.part) , 1960) .
17. 28. 240 Final inspection of moved building. Any
building moved into this city shall be subject to final
inspection by the building inspector and shall be inspected
and approved prior to occupancy. It is unlawful to move
any building into this city to occupy the same unless the
same has been inspected and approved by the building
inspector. (Ord. 764 (part) , 1960) .
Chapter 17. 32
FIRE ZONES
Sections :
17. 32. 010 Fire district established.
17. 32 . 020 Fire Zone No. 1.
17. 32.030 Fire Zone No. 2.
17. 32. 040 Fire Zone No. 3.
17. 32. 010 -Fire district established. The entire city
is declared to be and is established as a fire district, in
accordance with the Uniform Building Code and said fire
district shall be known and designated as Fire Zones 1 , 2 ,
and 3 and each such zone shall include such territory or
portions of the city as designated in Sections 17 . 32. 020 ,
17. 32. 030 and 17. 32 . 040 , and of the maps and records on file
in the office of the planning and building departments of
the city, which maps and records are adopted as fire zone
maps and records of the city of Huntington Beach for applica-
tion of the regulations included in the Uniform Building
Code of the Pacific Coast Builders conference as adopted
by the city of Huntington Beach. (.Ord. 869 (part) , 1961:
Ord. 393 , 1936 : Ord. 375 , 1934) .
17. 32 .020 Fire Zone No. 1. Those portions of the
city described as follows shall .be designated and estab-
lished as Fire Zone No. 1 :
(A) That portion bounded on the east and southeast by
the centerline of Lake Street, bounded on the southwest by
the centerline of Pacific Coast Highway, bounded on the
northwest by the centerline of Sixth Street, and bounded
on the northeast by the centerline of Orange Avenue.
(B) Beginning at the centerline intersection of Edinger
Avenue and Gothard Street, thence easterly 675. 00 feet, more
or less along the centerline of Edinger Avenue to its inter-
section with the easterly line of the Southern Pacific
Railroad right-of-way , thence northerly 960 .00 feet along
493
17 . 32 . 030--17. 32. .
I
said right-of-way to a point, thence westerly 675 .00 feet,
more or less , along a line to its intersection with the
centerline of Gothard Street, said intersection being
distant northerly 960 .00 feet along said centerline from
the point of beginning, thence southerly 960 .00 feet along
the centerline of Gothard Street to the point of beginning.
(C) Beginning at the centerline intersection of Beach
Boulevard and Edinger Avenue, thence westerly 2691. 00. feet,
more or less , along the centerline of Edinger Avenue to its
intersection with the easterly line of the Southern Pacific
Railroad right-of-way , thence northerly 1170 . 70 feet, more
or less , along said line to its intersection with the
southerly line of the Southern California Edison Company
right-of-way, thence easterly 1950 .00 feet, more or less ,
along said southerly line to its intersection with the
southwesterly line of the San Diego Freeway, thence south-
easterly 632. 21 feet, more or less , along southwesterly
line to an angle point , thence southeasterly 384 .00 feet,
more or less , along the southwesterly right-of-way line of
the San Diego Freeway to the angle point, thence southeast-
erly 240 .00 feet, more or less , along the southwesterly
right-of-way line of the San Diego Freeway and its south-
easterly extension to its intersection with the centerline
of Beach Boulevard, thence southerly 210 .00 feet, more or
less along the centerline of Beach Boulevard to the point
of beginning. (Ord. 1558, 1970 : Ord. 1485 (part) , 1969 :
Ord. 869 (part) , 1961) .
17. 32. 030 Fire Zone No. 2. (A) All portions of the
city included within the commercial districts , as defined
in Division 9 of the Huntington Beach Municipal Code, and
those on which a use permitted in the commercial districts
has been allowed by use permit or conditional excpeti.on
.has
to Division 9 of the Hungtington Beach Ordinance
and outside Fire Zone No. 1 shall be designated and estab-
lished as Fire Zone No. 2.
(B) Exception. Property located in a residential
district on which a home occupation is allowed by use
permit, shall be exempt from this section. (Ord. 1485
(part) , 1969,: Ord. 1147 (part) , 1965 : Ord. 869 , 1961) .
17. 32. 040 Fire Zone No. 3. All areas not included
within Fire Zone No. 1 or Fire Zone No. . 2 and lying within
the city of Huntington Beach, California, shall be desig-
nated, fixed and established as Fire Zone No. 3. (Ord. 1485
(part) , 1969 : Ord. 1147 (part) , 1965 : Ord. 869 (part) ,
1961) .
494
17, .i. 010--17. 36. 020
Chapter 17.36
TRAILER PARKS AND REGULATIONS
Sections :
17. 36. 010 Unlawful occupancy.
17. 36 . 020 Unlawful use .
17 . 36 . 030 Cabana rental.
17. 36 .040 Unlawful trailer rental.
17. 36 . 050 Parking on highway.
17. 36. 060 Caretaker required.
17:. 36 .070 Site size.
17. 36. 080 Driveway width.
17. 36. 010 Unlawful occupancy. It is unlawful for any
person in a trailer park to use or cause or permit to be
used for occupancy :
(A) Any trailer coach from which any tire or wheel
has been removed therefrom, except for the purpose of making
temporary repairs or placing it in dead storage;
(B) Any trailer coach to which are attached any rigid
water, gas or sewer pipes ; provided, however, that metal
tubing not to exceed one-half inch inside diameter may be
used for water, and that metal tubing not less than three-
quarter inch inside diameter nor more than fifteen feet in
length may be used for a gas connector from the branch ser-
vice riser to the service connector;
(C) Any trailer coach which is permanently attached
with underpinning or foundation to the ground;
(D) Any trailer coach which does not conform to the
requirements of the California State Vehicle Code governing
, the use of trailers on public highways ;
(E) Any trailer coach which does not carry a current
yearly license issued by any state or foreign vehicle
department;
(F) Any trailer coach in an unsanitary condition;
(G) Any trailer coach which is structurally unsound
and does not protect its occupants against the elements.
(Ord. 1150 (part) , 1965) .
17. 36 . 020 Unlawful use . It is unlawful for any person
to occupy, as living quarters , any trailer coach upon any
area or tract of land within the city, except as follows :
(A) A trailer coach may be parked and used as living
quarters in a licensed trailer park.
(B) A trailer coach may be parked for display , for
sale and/or trade purposes only on a trailer sales lot for
which a current business license has been issued.
(C) A trailer coach may be parked upon the streets
within the city during the daylight hours , if not in
495
17. 36. 030--17. 36. 0
violation of any parking rule or regulation applicable to
the area. (Ord. 1150 (part) , 1965) .
17. 36 . 030 Cabana rental. No structure or cabana on
any trailer site may be occupied unless the site is tenanted
by a trailer, and no structure nor cabana may be occupied
by any occupants other than those occupying the trailer
tenanting the site. (Ord. 1150 (part) , 1965) .
17. 36. 040 Unlawful trailer rental. It is unlawful
for any person to rent or hold out for rent any trailer
coach in a trailer park which is owned by or in the
possession or control of the owner or operator of the
trailer park or his agent. The rental paid for any such
trailer coach shall also be deemed to be rental for the
space it occupies . (Ord. 1150 (part) , 1965) .
17. 36 .050 Parking on highway. It is unlawful to park
a trailer coach overnight upon any public highway, including
the right-of-way. This provision shall not apply where a
trailer coach is parked for the purpose of making emergency
repairs . (Ord. 1150 (part) , 1965) .
17. 36. 060 Caretaker required. It is unlawful for any
person to operate or maintain, or cause or permit to be
operated or maintained, any trailer park, unless there is
a caretaker in the park at all times . The carekater shall
enforce within the park provisions of this chapter governing
the operation and maintenance of trailer parks . . (Ord. 1150
(.part) , 1965) .
17. 36. 070 Site size . Each trailer site in a trailer
park shall be not less than one thousand square feet in
area. The corners of said area shall be clearly and
distinctly marked. The provisions of this section shall
not apply to trailer sites in trailer parks in existence
and lawfully operating upon the effective date of the ordi-
nance codified herein. (Ord. 1150 (part) , 1965) .
17.. 36. 080 Driveway width. No driveway shall be less
than fifteen feet in clear and unobstructed width. No
driveway shall be less than twenty-two feet in width if
parking is to be provided on one side of the driveway, and
not less than thirty feet in width if parking is to be pro-
vided on both sides of the driveway. All driveways shall
have clear and unobstructed access to public thoroughfare.
The provisions of this section shall not apply to trailer
parks in existence and operating upon the effective date
of the ordinance codified herein, provided that in such
trailer parks no driveway shall be less than fifteen feet
in clear and unobstructed width. (Ord. 1150 (part) , 1965) .
496
17. 4o. 330--17. 48. 350
. .been made to the plans and specifications last submitted
to the administrative authority, a permit fee based upon
the valuation of the work to be completed shall be charged .
to the. permit applicant. (Ord. 1,520, 9/69 ) .
17. 48. 330 Right of entry. The administrative authority.
and his assistants shall carry proper credentials of their
respective offices , acid upon exhibition of which they shall
have the right of entry during usual business hours to inspect
any and all buildings and premises in the performance of their
duties. (Ord. 1520, 9/69)., :
17. 48. 340 Inspections and corrections. Upon completion
of the work which has been authorized by issuance of any
permit , with the exception of an annual permit, it shall be
the duty of the person, firm, or corporation .installing same
to notify the administrative authority who shall inspect the
installation at the time such notice is given . or as. soon
thereafter as practicable. Where the administrative authority
finds the installation to be in conformity with the provisions
of this code, he shall indicate his approval by affixing his
signature to the proper records, thereby authorizing the use
of the installation and connection to the source of supply,
and shall notify the electrical utility furnishing the elec-
tric service . If, upon inspection, the installation *is not
found to be fully in conformance with the provisions of this
code, the administrative. authority shall at once notify the '
person, .firm, or corporation making the installation, and state
the defects which have been found to exist. All defects shall
be corrected within ten (10) days after inspection and notifi-
cation, or within other reasonable time as permitted by the
administrative authority. (Ord. 1520, 9/69) .
17 . 48. 350 Concealed wiring. When any part of the wiring
installation is to be hidden from view by the permanent place-
ment of parts of the building, or by burial in the . ground,
the person, firm, or corporation installing the wiring shall
notify the administrative authority and such parts of the
wiring installation shall not be concealed until they have
been inspected and approved by the administrative authority;
provided that on large installations where the concealment of
parts of wiring proceeds continuously, the person,. firm, or
corporation 'installing the wiring shall give the administrative
authority due notice and inspections shall be made periodically
during the progress of the work. The administrative authority
shall have the power to remove, or require the removal of,
any. obstruction which prevents the proper, inspection of any
electrical wiring or equipment. (Ord. 1520, 9169) .
499-12
17. 48. 360--17. 48.400
17. 48. 360 Inspection--Annual permits . Whenever prac-
ticable, the administrative authority shall visit all
premises where. work has been done under annual permits, and
shall inspect all electric wiring, devices, appliances , and
equipment installed under such a permit since the date of
his last inspection. The administrative authority shall issue
a certificate . of approval for such work as is found to. be in
conformity with the provisions of this code after the fee
required by this code has been paid. (Ord. 1520, 9/69 ) .
17 . 48. 370 Unlawful connection of.� electrical service.
Except where work is done under an annual permit, it shall
be unlawful for any person, firm, or corporation to make
connection from a source of electrical energy or to supply
electric service to any electrical wiring, devices , appliances,
or equipment for the installation of which a permit is
required, unless such person, firm, or corporation. shall have
obtained satisfactory evidence from the administrative
.authority that. such wiring devices , appliances , or equipment
are in all respects in conformity with all applicable legal.
provisions. (Ord. 1520, 9/69 ),.
17. 48. 380 Disconnected electrical service. It shall
be unlawful for any person, firm, or corporation to make
connections from a source of electrical energy or to supply
electric service to any electrical wiring, .devices , appliances,
or equipment which has been disconnected or ordered to be
disconnected by the administrative authority, or the use of
which has been ordered by the administrative authority to
be discontinued until a. certificate. of approval has been issued
by. him, authorizing the reconnection and use of such wiring,.
devices , appliances , or equipment. The. administrative
authority shall notify the serving utility of such order to
discontinue use. (Ord. 1520, 9/69 ) . �
17. 48. 390 Disconnected service--Commercial or industrial.
No existing commercial or industrial building whose electrical
service has been disconnected shall be reconnected with
permanent electrical service until the administrative authority
has determined that the building does not constitute an unsafe
building, as defined by Section 203 of the Uniform. Building
Code . (Ord. 1.520, 9/69 )
17. 48. 400 Rating. All electrical materials, devices,
appliances , and equipment, designed or intended for attachment
directly or indirectly to any electrical system, circuit , or
electrical service ,for light, heat, or power shall be only
those which conform with_ the requirements of this code and of .
i
499-13
17. 4u. 410--17. 48. 470
rules and regulations adopted pursuant hereto. Each such
article shall bear or contain the maker' s name, trademark,
or identification symbol, together with such rating by the
manufacturer as may be necessary to determine the intended
use. The correct operating volts and amperes or volts. and
watts , shall be stated and no person shall remove, alter,.
deface or obliterate any such marking. (Ord. 1520, 9/69 ) . .
17. 48. 410 Listing or labeling. Listing or labeling,
as conforming to the standards of the Underwriter' s
Laboratories, Inc.,, as approved by the United .States. Bureau .
of Standards , or other similar institutions of nationally-
recognized standing, shall be prima facie evidence of con-
formity with approved standards of safety to life- and
property. (Ord. 1520, 9/69 ) .
17. 48. 420 Used materials. Previously used material
shall not be reused without written approval obtained in
advance from the administrative authority. (Ord. 1520, 9/69 ) .
17. 48. 430 Nameplates . The maker' s nameplate, trade-
mark, or other identification symbol shall be , placed on the
outside where it is visible at time of inspection on all
electrical materials; devices, appliances, fittings, and .
equipment used or installed under the provisions ,of this
code . (Ord. 1520, 9/69 ) .
17. 48. 440 Wire sizes--American wire gauge (AWG) . Wher-
.ever conductor or wire sizes are referred to or specified by
number in this code, such number shall be construed to mean
the number of gauge of such wire according to standard
American wire gauge specifications, abbreviated as "AWG. "
(Ord. 1520, 9/69 ) .
17. 48. 450 Alterations and additions. Alterations,
additions, extensions or renewal of existing wiring installa-
tions shall be made in compliance with the provisions of
this code. (Ord. 1520, 9/60 ) .
17. 48. 460 Renewal of wiring. When. a renewal, .due to
deterioration or `damage, does not exceed fifty (50 ) percent
of the area of an existing building or structure, such renewal
may be installed in the same wiring method as the. existing .
installation. . (Ord. 1520, 9/69) .
17. 48. 470 Change of occupancy.. When any building or
structure or portion thereof is placed in a, different occupancy
classification, those portions directly affected by such
499-14
17. 48. 480--17. 4u. 550
occupancy change shall be wired in compliance with the pro-
visions of this code. (Ord. 1520, 9/69 ) .
17. 48. 480 Added load capacity. Relocated and exist-
ing buildings where additions or alterations occur which
require added load capacity, shall be provided with a new
service entrance. switch and panel of adequate capacity to
serve the intended load, but in no case less than sixty
(60 ) ampere if a switch is used or fifty (50) ampere if a
circuit breaker is used. (Ord. 1520, 9/69) .
17.48. 490 Outside work. No open wiring shall be in-
stalled on the outside of any building or structure; all
electric. wiring between buildings or between a building and
a structure shall be run. underground in galvanized or
sherardized conduit or other approved raceway. This require-
ment shall apply to all runs to signs, floodlight. poles., and
to poles supporting festoon- lighting. Said festoon lighting
may be installed where necessary for auto park lighting,
outdoor games 'or similar uses. (Ord. 1520, 9/69) .
17. 48. 500 Sign service.. Signs, individually metered_
with single-phase loads of less than three thousand five
hundred (3500 ) watts,. or not more than two (2) circuits , may
be served .by a two-wire service. (Ord. ' 1520', 9/69) .
17.48. 510 Service-metering equipment. Service-metering
equipment shall in no case be installed in any occupancy
other than the one served by such service equipment .
EXCEPTION: Buildings of multiple occupancy. may have all
service equipment installed in a meter or equipment room in
which case each occupant shall have access to such room at
all times.. (Ord. 1520, 9/69 ) •
17. 48. 520 Show window lighting. At least one (1) switch
receptacle shall be installed directly above and next. to the
window for. every twenty (20). lineal feet of show window or
fraction thereof measured along its base. (Ord. 15203 9/69) .
17. 48. 530 Service entrance. Each service entrance shall
be grounded independently. Ord. 1520, 9/69 ) .
17.. 48,. 540 Service grounds. Single meter service grounds .
shall terminate in the service. disconnect . (Ord. 1520, 9/69 ) .
17. 48. 550 Accessible service ground clamp. The service
ground clamp shall be accessible at all times and shall be
accessible without the 'necessity. of crawling at the .time of
rough inspection. (Ord. 1520, 9/69) •
499-15
17 . 4b. 560--17. 48.. 580
. 17. 48. 560 Exit illumination. All exits shall be lighted
as required by other applicable city codes .
In every apartment house or office building with two (2)
or more apartments or offices above the first floor, and in
every hotel, there shall be installed and kept burning from
sunset to sunrise throughout the year artificial light
sufficient in volume to illuminate properly every public
hallway, passageway, public stairway, fire escape egress,
elevator, public water closet compartment, or toilet room.
(Ord. 1520, 9/69 ) .
17. 48. 570 Fire alarms
a Every apartment house three (3) or more stories in
height and containing more than fifteen (15) apartments, and
every hotel three (3 ) or more stories in height containing
twenty (20 ) or more guest rooms shall have installed therein
an approved automatic or manually-operated fire alarm system
designed to warn the occupants of the building in the event
of fire. Such fire alarm system shall be so designed that .
all occupants of the building may be warned simultaneously.
(b ) No signal system or intercommunicating system used
for any purpose other than fire warning meets the requirements
of this code.
(c ) Stations for operating any manually-operated fire
alarm system shall be placed immediately adjacent to the tele-
phone switchboard in the building, if there is a switchboard,
and at such other locations as may be required by the fire
department . (Ord. 1520, 9/69 ) .
17. 48. 580 Penalty. It shall. be unlawful for any person,
firm, or corporation, either as owner, architect, contractor,
artisan, or otherwise to install; alter, repair, move, improve,
remove, or convert , use or maintain any electrical equipment.
regulated by this code; to cause or permit same to be done
contrary to or in violation of any provision of this code.
(Ord. 1520, 9/69 ) .
Chapter 17. 52
SWIMMING POOL CODE
Sections:
17. 52. 010 Title.
17- 52. 020 Adopted.
17- 52. 030 Amendments.
17- 52. 040 Section 1. 0 amended--Administrative authority.
17- 52. 050 Section 1. 1. amended--Department- having juris- .
diction.
499-16
r
17 . 52 .010--17.�,2. 040.
Sections : (Continued)
17 .52 .060 . Section 1. 5 amended--Permit fees .
17.52 .070 Additions .
17 . 52. 080 Section 1. 7. 1 added--Cash bond.
17 . 52. 090 Section 1. 7. 2 added--Fencing requirements .
17.52 .100 Section 1. 15 added--Receptor backwash.
17 .52. 110 Section 1. 16 added--Pool equipment installation.
17.52 .120 . Section 1.17 added--Hose bibbs .
. 17. 52 .130 Section 215 added--Pool maintenance.
17 . 52. 140 Section 216 added--Fencing installation.
17. 52 .150 Section 217 added--Decking design.
17. 52. 160 Violation--Penalty.
17 . 52. 010 Title. This .swimming pool code shall be known
and referred to as the ."Huntington -Beach swimming pool code . "
(Ord. 1935, 6 Nov 74 ) .
17 .52 . 020 Adopted. There is adopted by the city council,
for the purpose of protecting public health, welfare and safety,
by prescribing minimum standards for the design, construction or
installation, repair- or alteration of swimming pools, public or
private, and equipment related thereto; providing for the admin-
istration and enforcement of the standards set forth therein;
and prescribing penalties for violations thereof, that certain
code known as the Uniform Swimming Pool Code, 1970 Edition,
compiled by the- International Association of Plumbing and Mechan-
ical Officials, and repealing all ordinances and parts of ordinances .
in conflict therewith except the following sections of this chapter,
of which code not less than three (3) copies have . been and are
now filed in the office of the city clerk, and the same is .adopted
and incorporated as fully as though set forth at length herein, .
as provided by Section 50022.2 et seq. of the Government Code of
.. the. state of California, and from the date the ordinance codified
herein shall take effect and the provisions thereof shall .be
controlling within the corporate limits of the city. (Ord. 1631,
2/71; Ord. 1519 , 8/69 ) .
17. 52.030 Amendments . The Uniform Swimming Pool Code, 1970
Edition, is amended and change'd ,as set forth in this chapter.
(Ord. 1631, 2/71; Ord. 1519, 8/69) .
1.7. 52 . 040 Section 1. 0 amended--Administrative authority.
Section 1.0 is amended to read as follows :
"Administrative authority" means the building and community
development director of .the city of Huntington Beach. . (Ord.
1631, 2/71; Ord. 1519, 8/69) .
500
17 .52. 050--17.52 . 060
17 . 52 . 050 Section 1.1 amended--Department having juris
diction. Section 1. 1 is amended to read as follows :
"Department having jurisdiction" means the department
of building and community development. (Ord. 1631, 2/71;
Ord. 1519, 8/69) .
17.52. 060 Section 1. 5 amended--Permit fees . Section
1 . 5 is amended by adding thereto subsection (c) to read as
follows :
(c ) Said permit shall be based on Seven Dollars ($7)
valuation per square foot, and the amount of said permit .
(The next page is 501. )
500-1
17. ,,2.070--17. 52. 100
shall be determined by the total valuation as per Table 3A
of the Uniform Building Code , Volume I , 1970 Edition. "
(Ord. 1631 (part) ', 1971 : Ord. 1519 (part) , 1969) .
17. 52. 070 Additions . The Uniform Swimming Pool Code ,
1970 Edition, is amended by adding the following sections .
(Ord. 1631 (part) , 1971 : Ord. 1519 (part) , 1969) .
17. 52. 080 Section 1. 7. 1 added--Cash bond. Section
1. 7 . 1 is added to read as follows :
"1. 7. 1. CASH BOND. All applications for swimming
pool building permits shall be accompanied by a cash bond
in the amount of Three Hundred Dollars ($300) . This bond
shall be retained by the City until all construction
materials have been removed from city streets and all re-
pairs have been made to curbs , walls , sidewalks , streets
and other public property damaged by applicant, or as a
result of the construction or repair of the swimming pool
or any part thereof. In the event applicant does not remove
said materials and make said repairs to the satisfaction
of the building inspector, the full amount of the bond
shall be forthwith and summarily forfeited. Upon the final
inspection, and approval by the Administrative Authority,
the bond shall be returned to the applicant, unless such
bond has been forfeited as provided herein. " (Ord. 1631
(part) , 1971 : Ord. 1519 (part) , 1969) .
17. 52. 090 Section 1. 7.2 added=-Fencing requirements .
Section 1. 7. 2 is added to read as follows :
" 1. 7. 2. FENCING REQUIREMENTS . A1-1 plans submitted
to the Administrative Authority for swimming pools to be
constructed shall show compliance with the fencing require-
ments of this code , and final inspection and approval of
all pools hereafter constructed shall be withheld until all
such fencing requirements have been complied with. The
fencing requirements of this code shall not apply to public
swimming pools for which a charge or admission price is
required to be paid for the use thereof. " (Ord. 1631
(part) , 1971 : Ord. 1519 (part) , 1969) .
17. 52. 100 Section 1. 15 added--Receptor backwash. Sec-
tion 1. 15 is added to read as follows :
"1. 15. RECEPTOR BACKWASH. A receptor-backwash line
is not required, but in the event a receptor-backwash line
is installed, the line must meet the requirements of the
latest edition of the Uniform Plumbing . Code and have an
approved type of 'P' trap. " (Ord. 1631 (part) , 1971 : Ord.
1519 (part) , 1969) .
501
17. 5 -- 2 . 1
17.52 . 110 Section 1. 16 added--Pool .equipment installa-
tion. Section 1. 16 is added to read as follows :
111. 16. SLAB. Pool equipment shall be installed on a
slab four (4) inches above ground level. " (Ord. 1631 (part) ,
• 1971: Ord. 1519 (part) , 1969) .
17. 52. 120 Section 1. 17 added--Hose bibbs . Section
1. 17 is added to read as follows :
"1. 17. HOSE BIBBS . All hose bibbs within fifty (50)
feet of the pool must be protected with anti-syphon devices . "
(Ord. 1631 (part) , 1971 : Ord. 1519 (part) , 1969) .
17. 52. 130 Section 215 added--Pool maintenance. Section
215 is added to read as follows :
"215 . MAINTENANCE. After completion of the pool,
the owner must keep the pool filtered and clean and in a
sanitary condition at all times . " (Ord. 1631 (part) , 1971 :
Ord. 1519 (part) ,. 1969) .
17. 52.140 Section 216 added--Fencing installation.
Section 216 is added to read as follows :
"216. Fencing. Every person in possession or control
of land within the city , either as owner, purchaser under
contract, lessee, tenant or licensee, upon which is situated
a swimming pool, shall at all times maintain, on the lot
or premises upon which such pool is located and completely
surrounding such pool, lot or premises, a substantial fence
or wall not lower in height than five (5) feet, measured
from ground level on the exterior side of the fence or
wall, including gates , with no holes , gaps or openings
larger than four (4) inches in any horizontal dimensions;
provided, that if the fence is designed with over two (2)
inch horizontal openings between vertical risers , no
horizontal member shall be installed that will afford a
means of climbing such fence , wall or gates . . These
horizontal members must be located at or near the top and
bottom of the fence or wall to provide the maximum amount
of vertical clearance. A dwelling house or appurtenant
structure may be used as a part of such enclosure.
Gates or doors shall be provided with self-latches
and self-closing devices capable of keeping such gates
or doors securely latched and closed at all times . Such
devices shall .be located not less than five (5) feet above
exterior grade of such doors . This section includes walk-
through garage doors .
502
17, 2: 150--17. 52. 160
This section is not designed to prevent the use of
other protective devices , subject to approval of the
Administrative Authority, provided the degree of protection
is not reduced from that given above . " (Ord. 1631 (part) ,
1971 : Ord. 1519 (part) , 1969) .
17. 52 . 150 Section 217 added--Decking design. Section
217 is added to read as follows :
"217. Soil Conditions . All areas in Huntington Beach
are considered expansive soil areas unless otherwise speci-
fied by an engineer' s report. Pool decking design must be
as shown on plans for expansive soil.
Expansion Joint. Separate between pool coping
and decking must be provided and seal joint with approved
compound. A nonsetting mastic, rubber or similar compound
is necessary.
Cantilevered Decks . All cantilevered decks
must have a nonsetting mastic, rubber or similar compound
between top portion of tile and underside of cantilevered
decks . All cantilevered decks must have a strip of mastic
on top of the bond beam, between the bond beam and deck,
before the deck is poured, unless preparations are made
for the steel to extend from the bond beam into the deck . "
(Ord. 1631 (part) , 1971: Ord. 1519 (part) , 1969) .
17. 52. 160 Violation--Penalty. It is unlawful for any
person to construct , install , repair or alter swimming pools ,
public or private and equipment related thereto contrary
to or in violation of any of the provisions of this code.
(Ord. 1519 (part) , 1969) .
Chapter 17. 56
UNIFORM FIRE CODE
Sections :
17. 56 .010 Adopted.
17. 56 . 020 Bureau of fire prevention-.-Created--Duties .
17. 56 . 030 Definitions .
17.56 . 040 Prohibited districts where aboveground
storage of flammables prohibited.
17 . 56 . 050 Restricted districts . for bulk storage of
liquefied petroleum gases .
17. 56 .060 Prohibited districts for storage of
explosives and blasting agents .
17. 56 . 070 Amendments to Uniform Fire Code .
503
17. 56. 010
Sections : (Continued)
17. 56 .080 Section 1. 218 added--Fire incident report.
17.56 . 090 Section 1. 216 amended--Standards for
compliance.
17. 56 .100 Section 1. 403 amended--Definitions .
17.56 . 110 Section 10 . 103 (f) added--Obstructing exits .
17.56 . 120 Section 10 . 114 added--Mall use.
17.56 . 130 Section 11. 105 amended--Bond requirement.
17. 56 . 140 Section 12 . 102 (a) amended--Fireworks--
Manufacture.
17. 56 . 150 Sections 12 . 107, 12. 108 and 12 . 109 added--
Fireworks .
17.56 . 160 Section 13. 207 amended--Hydrant use approval.
17. 56 . 170 Section 13. 208 amended--Building access .
17. 56 . 180 Section 13. 301 (d) , (e) , (f) , (g) , and (h)
added--Hydrant placement.
17.56 . 190 Section 13. 301. 1 added--Commercial cooking
safety precautions.
17. 56 . 200 Section 13. 315 added--Protection equipment
testing.
17. 56 . 210 Section 15 . 104 amended--Flammable liquid
containers .
17. 56 . 220 Section 15. 1002 amended--Oil well drilling.
17. 56 . 230 Section 31. 101. 1 added--Welding and cutting
permit.
17. 56 . 240 Section 10. 113 amended--Occupant loads .
17. 56 . 250 Section 13. 307 (a) amended--Alarm systems
required.
17. 56 . 260 Section 15 . 307 amended--Tank piping testing.
17. 56 . 270 Section 15 . 705 (e) (4) amended--System testing.
17. 56 .280 Section 15. 710 (c) ( 8) amended--Piping testing
compliance.
17. 56 . 290 Section 15. 1101 amended--Tank vehicle
permit.
17. 56 . 300 Section 15.1102 amended--Tank vehicle
construction.
17. 56. 310 Section 31. 111 (c) amended--Fuel gas cylinder
storage.
17. 56. 320 Appeals .
17.56. 330 New materials , processes or occupancies--
Permits .
17. 56 . 340 Violation--Penalty.
17. 56 . 010 Adopted. There is adopted by the city
council for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or
explosion, that certain code known as the Uniform Fire
Code, compiled by the International Conference of Building
Officials and the Western Fire Chiefs. Associations , Inc. ,
being particularly the 1973 Edition thereof and the whole
thereof, save and except such portions as are hereinafter
504