HomeMy WebLinkAboutMunicipal Code Updates - 2/1/96 to 12/19/2001 HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective December 19, 2001 )
Please Remove from Code Please Add to Code
Chapter 13.50 (new)'
Table of Contents Table of Contents
Title 13 - Public Property Title 13 - Public Property
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92646
Connie Brockway, City CI!erk
Questions regarding these updates?
Call Rebecca Ross, DepLAy City Clerk, Records Division
(`714) 536-5210
http://www.ci.huntington,-beach.ca.us
or
http://wwjv.hbsurfcity.com/clerk
TING4gI11r�BEACH�M ' Cl�'�iL CODE
Table of Contents
CITY CHARTER(c-1 through c-20)
TITLE 1 -GENERAL PROVISIONS
1.01 Code Adoption
1.04 General Provisions
1.08 Official Seal
1.12 City Hall
1.13 Fiscal Year
1.16 General Penalty-Enforcement
1.20 Notices
TITLE 2 -ADMINISTRATION AND PERSONNEL
2.04 Eligibility of Candidates
2.05 Gifts to Public Officials
2.06 Campaign Documents
2.07 Campaign Reform Law
2.08 Administrative Officer
2.12 Administrative Services Department
2.16 City Treasurer
2.20 City Attorney
2.24 Police Chief
2.28 City Council
2.30 Community Services Department
2.32 Department of Community Development
2.34 City Planning Commission
2.40 Fire Department
2.52 Police Department
2.56 Public Works Department
2.64 Community Services Commission
2.72 Personnel System
2.76 Competitive Service Regulations
2.80 Redevelopment Agency
2.84 Public Library-General Provisions
2.86 Library Services Department
2.96 Disposition of Unclaimed Property
2.97 Citizens Participation Advisory Board
2.100 Operating Policy for Boards and Commissions
2.101 Allied Arts Board
2.102 Environmental Board
2.104 Advisory Board on the Handicapped
2.106 Fourth of July Executive Board
2.107 Historic Resources Board
2.108 Huntington Beach Youth Board
2.109 Finance Board
2.110 Investment Advisory Board
2.111 Public Works Commission
2.112 Mobile Home Advisory Board
i
12/01
TITLE 3
TITLE 3-REVENUE AND FINANCE
3.02 Purchasing Division
3.03 Professional Services
3.04 Fund Regulations
3.06 Surplus Real Property
3.08 Capital Outlay Fund
3.12 Gas Tax Fund
3.14 Self Insurance Liability Claims Loss Reserve
3.16 Determination of City Tax Rate
3.20 Documentary Transfer Tax
3.24 Sales and Use Tax
3.28 Transient Occupancy Tax
3.32 Cigarette Tax
3.36 Utilities Tax
3.40 Community Enrichment Library Fee
3.44 Pipeline Franchises
3.48 Late Charges
3.52 Huntington Beach Auto Dealers Business Improvement District
3.56 Special Tax Financing Improvement Code
TITLE 4-RESERVED
TITLE 5-BUSINESS LICENSES AND REGULATIONS
5.04 General Provisions
5.08 Licensing Procedures
5.10 Enforcement of Title
5.12 Exemptions to Provisions
5.16 Rates
5.20 Ambulance Service
5.24 Massage Establishments
5.28 Dance Halls
5.32 Natural Resources Production
5.34 Gasoline Pricing
5.36 Pawnbrokers, Junk Dealers and Secondhand Dealers
5.40 Collection From Trash Drop Off Boxes and Trash Bins
5.41 Collection of Recyclable Materials
5.44 Restaurants-Amusement and Entertainment Permits
5.48 Taxicabs-Vehicles for Hire
5.50 Mobile Vending
5.52 Motion Picture Theaters
5.54 Commercial Photography
5.56 Burglar Alarms
5.60 Figure Model Studios
5.64 Bingo Games
5.66 Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.72 Fortunetelling
5.74 Harmful Matter
TITLE 6-RESERVED
TITLE 7-ANIMALS
7.04 Adoption of County Ordinances
7.08 Licensing Provisions
7.12 Miscellaneous Animal Care and Control
ii
12/01
TITLE 8
TITLE 8 -HEALTH AND SAFETY
8.04 Food Handling Establishments
8.08 Food Vending Vehicles
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.20 Refuse
8.24 Dust-Industrial Waste
8.32 Standing Water
8.36 Rubbish
8.40 Noise Control
8.42 Use of Police Services at Loud Parties or Other Activities
8.44 Vehicles and Motorcycles
8.48 Inoperable Vehicles
8.50 Mobile Source Air Pollution Reduction Ordinance
8.56 Mobile X-ray Units
8.60 Civil Defense-Emergency Services
8.64 Labor Camps
8.68 FireMed Program
8.70 Tattooing Establishment and Operation Regulations
TITLE 9-PUBLIC PEACE, MORALS AND WELFARE
9.04 Interference with Police
9.06 Prohibited Activities
9.08 Smoking Prohibited
9.20 Prohibited Public Conduct
9.24 Gambling
9.28 Pinball Machines
9.32 Pool and Billiard Halls
9.36 Indecent Exposure of Waitresses and Performers
9.40 Inhaling Certain Substances
9.44 Intoxicated and Disorderly Persons
9.48 Parades
9.52 Damaging City Property
9.54 Sleeping in Vehicles
9.60 Hypnotism-Practice Prohibited
9.64 Registration of Canvassers
9.68 Curfew
9.76 Discharging Weapons
9.80 Concealed Weapons
9.84 Alcohol Use Permit
9.86 Narcotic Paraphernalia
9.88 Employment Solicitation
TITLE 10-VEHICLES AND TRAFFIC
10.04 Definitions
10.08 Enforcement
10.12 Speed Limits
10.16 Control Devices
10.20 Prohibited Places of Operation
10.22 Control of Vehicular Cruising
10.24 Truck Routes
10.28 One-way Alleys
12101
j
a
TITLE 10 (Continued)
10.32 Movement of Overloads
10.36 Stops and Yields 1_3
10.40 General Parking Regulations
10.42 Residential Parking Permit
10.44 Parking-Time Limits
10.48 Loading Zones
10.52 Parking-City Lots
10.56 Parking Meters-Generally
10.60 Meter Zones
10.64 Meters-Installation
10.68 Meters-Use
10.72 Driving Rules
10.76 Trains
10.80 Pedestrian Crosswalks
1.0.84 Bicycle Regulations
10.88 Self-propelled Wheelchairs and Invalid Tricycles
TITLE 11 -RESERVED
TITLE 12-STREETS AND SIDEWALKS
12.04 Datum Plane
12.08 House Numbers
12.10 Standard Specifications for Public Works Construction
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, Telephone Booths and Other Public Service Items
12.37 Newsracks
12.38 Encroachments
12.48 Wireless Digital Communications Radio Networks
TITLE 13 -PUBLIC PROPERTY
13.04 Beaches and Piers-General Provisions
13.08 Beach Regulations
13.12 Pier Regulations
13.16 Beach Parking Lots
13.20 Private Beaches
13.24 Beaches-Vehicle and Business Permits
13.28 Camper Facilities
13.32 Harbors-Generally
13.36 Boating Regulations
13.40 Swimming Rules
13.44 Harbor Sanitation
13.48 Parks
13.50 Regulation of Trees
13.52 Public Buildings
TITLE 14-WATER AND SEWERS
14.08 Service Connections
14.12 Fees, Rates and Deposits
14.16 Water Use Regulations
iv
12/01
TITLE 14 (continued)
14.18 Water Management Program
14.20 Water Main Extensions
14.24 Water Pollution
14.25 Storm Water and Urban Runoff Management
14.26 Construction and Abandonment of Water Wells
14.36 . Sewer System Service Connections, Fees and Deposits
14.44 Sewer Main Extensions
14.48 Drainage
14.52 Water Efficient Landscape Requirements
14.54 Sewer Service User Charge
14.55 Rates, Charges, Annual CPIU Adjustment, and Billing Methodology for the Sewer
Service User Charge
TITLE 15 - OIL
15.04 General Provisions
15.08 Definitions
15.12 Permits and Fees
15.16 Insurance
15.20 Drilling, Operation and Safety Regulations
15.22 Screening and Landscaping
15.24 Cleanup and Maintenance
15.28 Waste Water System
15.32 Nonproducing and Idle Wells
15.36 Nuisance Oil Wells and Sites
15.40 Activation of Idle Wells
15.50 Consolidation Projects
TITLE 16 - RESERVED
TITLE 17- BUILDINGS AND CONSTRUCTION
17.02 Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Huntington Beach Nuisance Code
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy Code
17.64 Undergrounding of Utilities
17.65 Fair ShareTraffic Impact Fee
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants of Easement
TITLE 18- RESERVED
v
12/01
Huntington Beach Municipal Code Title 13 Index
Title 13
PUBLIC PROPERTY
Chapters:
13.04 Beaches and Piers--General Provisions
13.08 Beach Regulations
13.12 Pier Regulations
13.16 Beach Parking Lots
13.20 Private Beaches
13.24 Beaches--Vehicles and Business Permits
13.28 Camper Facilities
13.32 Harbors--Generally
13.36 Boating Regulations
13.40 Swimming Rules
13.44 Harbor Sanitation
13.48 Parks
13.50 Regulation of Trees
13.52 Public Buildings
12/01
Huntington Beach Municipal Code 13.50.010—13.50.010(h)
Chapter 13.50
REGULATION OF TREES
(3518-12/01)
Sections:
13.50.010 Definitions.
13.50.020 "Director"--Duties and authority.
13.50.030 Director--Interference with.
13.50.040 Permits required.
13.50.050 Applications.
13.50.060 Applications--Generally.
13.50.070 Application--Fee.
13.50.080 Surety or cash bond.
13.50.090 Permit--Issuance not warranty.
13.50.100 Permits--Types of
13.50.110 Permits--General contents.
13.50.120 Permit--Planting.
13.50.130 Permit--Spraying.
13.50.140 Permit--Maintenance.
13.50.150 Permits--Approval or denial.
13.50.160 Appeal.
13.50.170 Council action.
13.50.180 Defacing prohibited.
13.50.190 Certain materials prohibited.
13.50.200 Excavations.
13.50.010 Definitions. For the purpose of this Chapter, the following words and phrases shall
have the meaning hereafter set forth unless a different meaning is clearly intended from the
context in which such word or phrase is used. Any word or phrase not herein defined shall have
the meaning attributed to it in ordinance usage.
(a) "City" shall mean the City of Huntington Beach.
(b) "Director" shall mean the Director of Public Works or his appointed designee, charged with
enforcement of this Chapter.
(c) "Park, Tree and Landscape Division" shall mean that division of the Department of Public
Works charged with the administration of this Chapter.
(d) "Parkway" shall mean that part of a street or highway lying between the property line and
that portion of the street or highway customarily used for vehicular traffic.
(e) "Person" shall mean any person, firm, partnership, association, corporation, company or
organization of any kind.
(f) "Public place" shall mean any place, including buildings, open to the public and owned,
managed or controlled by the City of Huntington Beach.
(g) "Standards" shall mean the Arboricultural and Landscape Specifications and Standards of
Practice adopted by resolution of the City Council, and by reference made a part hereof as
though set forth fully herein.
(h) "Street" shall mean the entire width of every public way or right-of-way when any part
thereof is open to the use of the public for purposes of vehicular and pedestrian traffic.
12/01
13.50.020--13.50.050(d) Huntington Beach Municipal Code
13.50.020 Director--Duties and authority. The Director shall have the authority and is hereby
charged with the following duties:
(a) To enforce the Arboricultural and Landscape Specifications and Standards of Practice,
("the Standards") as adopted by the City of Huntington Beach, a copy of which is on file
in the Office of the City Clerk, governing the planting,maintenance, removal,
fertilization, pruning, and bracing of trees on the streets and other public places in the
City, and shall direct, regulate, and control the planting, maintenance, and removal of all
trees growing now or hereafter on streets or public places, to insure safety or preserve the
aesthetics of such public places.
(b) To supervise or inspect all work done under any permit issued in accordance with the
provisions of this Chapter.
(c) To formulate a Tree Management Plan. Such plan shall specify the species of tree to be
planted on streets and other public places. From and after the effective date of such Tree
Management Plan, and any amendments thereto, all tree planting shall conform to the
Tree Management Plan and the Standards and any regulation or rule promulgated by the
Director to implement the same.
(d) To issue or deny permits for maintenance of trees in public places and to place reasonable
conditions on the granting of permits in accordance with the provisions of this Chapter
and the Tree Management Plan and the Standards.
(e) The Director shall have the authority to promulgate rules and regulations and to amend or
add to them, for the implementation of the Tree Management Plan and the Standards.
When recommending species of trees, the Director shall consider environmental factors,
and all existing and future utilities of an area or specific location.
13.50.030 Director--Interference with. No person shall interfere with, oppose or obstruct the
Director or his agents or employees in the performance of his duties as provided in this Chapter.
13.50.040 Permits required. No person shall plant, spray, or maintain any tree on any street,
parkway, or public place without first applying for and obtaining a permit from the City of
Huntington Beach to do so.
13.50.050 Applications. Applications for original and renewal permits and for any amendments
to any permit shall be filed with the Director and shall be signed by the applicant. Each
application shall be submitted on a form prescribed by the Director and shall set forth the
following information:
(a) The true name, fictitious name, if any, home and business addresses and telephone
numbers of applicant, and if same be a corporation,names and addresses of principal
officers, or if a partnership, association or company doing business under a fictitious
name,names of partners or persons comprising the partnership, association or company,
and address of each.
(b) Street number and exact location of place where applicant proposes to engage in the
activity for which the permit is requested(where applicable, the route proposed for the
activity shall be included).
(c) The nature of the activity in which applicant proposes to engage.
(d) Detailed information as to the method applicant proposes to employ in the proposed work
or activity for which the permit is requested.
12/01
Huntington Beach Municipal Code 13.50.050(e)--13.50.120
(e) Brief description of the nature and number of pieces of equipment to be used in such
proposed work or activity, and where applicable, types of chemicals or commercial
sprays to be used. If a license of any kind is required for the work, a copy of the license
must be supplied.
(f) Evidence of insurance and bond information(if applicable) in accordance with the City
of Huntington Beach standard insurance requirements.
(g) Length of time for which permit is desired.
(h) Any other information pertaining to the specific activity or work to be performed for
which a permit is requested which may be required by the Director.
(i) Proof of insurance in conformance with the City's standard insurance resolution.
13.50.060 Applications--Generally. Applications for permits shall be filed with the Director
no less than ten (10) days prior to the time the work is to be commenced. The Director shall
issue such permits if applicant has complied with the provisions of this Chapter, the City
standard on insurance requirements, and the work to be performed meets the requirements and
conditions contained in the Standards and the Tree Management Program.
13.50.070 Application--Fee. The City of Huntington Beach will not charge or collect a fee for
filing of any permit required in this Chapter.
13.50.080 Surety or cash bond. Prior to the issuance of any permit, the Director may require
the deposit of a surety or cash bond in an amount sufficient to guarantee that the activity or work
proposed will be performed in a professional, workmanlike manner and to secure City against all
costs, charges and expenses incurred by reason of permittee's failure to abide by the provisions
of this Chapter, the requirements contained in the standards of the City, or any federal or state
laws appertaining thereto.
13.50.090 Permit--Issuance not warranty. The issuance of any permit under the provisions of
this Chapter shall not be construed as a warranty by City as to the competence of permittee, or
that the activity or work proposed to be performed under such permit will be done with safety to
the permittee or other persons or property. All such risks shall be assumed by permittee.
13.50.100 Permits--Types of. The following activities shall require issuance of a permit:
planting, spraying and maintenance.
13.50.110 Permits--General contents. Permits shall contain the address or a description of the
exact location where the work is to be performed; a detailed description of the methods to be
used and the manner in which such work is to be performed; any conditions which may be
attached to the issuance of such permit by the Director and the date on which such permit shall
expire.
Within five(5) days after the expiration date specified on any permit, unless application has been
made for a renewal or amendment of such permit, the Director shall be notified that the work has
been completed and ready for inspection.
13.50.120 Permit--Planting. No person shall plant,replant,relocate or remove any tree from
any street, parkway or public place without first complying with Sections 13.50.050 through
13.50.070. In addition to the information required by Section 13.50.120 of this Chapter, such
permit shall set out the specific number of trees to be planted and the specific work to be
performed in connection therewith.
12/01
13.50.130--13.50.200(a) Huntington Beach Municipal Code
13.50.130 Permit--Spraying, No person shall spray any tree on any street,parkway or public
place without first complying with Sections 13.50.050 through 13.50.070. In addition to the
information required by Section 13.50.120 of this Chapter, such permit shall specify the types of
chemicals and commercial sprays which may be used in the work to be performed and require
that the performance of all such work shall confirm all state,municipal and federal laws.
13.50.140 Permit--Maintenance. No person shall fertilize,preserve or prune any tree on any
street,parkway or public place,without first complying with Sections 13.50.050 through
13.50.070. In addition to the information required by Section 13.50.120 of this Chapter, such
permit shall state the kinds and number of trees to be fertilized,pruned or otherwise preserved
and maintained, and types of materials and equipment, including irrigation systems,to be used in
such work. Such permit shall specify that the performance of all maintenance work shall comply
with all the standards of the City, and all federal and state laws applicable thereto.
13.50.150 Permits--Approval or denial. The Director, after investigation of the application
and the proposed work to be performed, may grant or refuse to grant a permit. Refusal shall be
based upon a finding by the Director that the proposed work does not meet adopted City
standards and requirements including this ordinance, the Tree Management Plan, and the
Arboricultural Standards.
13.50.160 Appeal. Within ten(10) days after receipt of an application, the Director shall inform
the applicant in writing of his reasons for refusing to issue any permit provided for in this
Chapter, and such applicant shall have the right to appeal in writing within thirty(30) days to the
City Council.
13.50.170 Council action. The decision of the Director is appealable to the City Council.
Appeal to the City Council from the Director must be made in writing within ten(10) days of the
Director's decision. At the first regular meeting following receipt of an appeal, the Council shall /
consider the matter under the requirements contained in this Chapter, the standards adopted by
the City, and pertinent information furnished by the Director and the Public Works Commission.
The determination of the City Council to sustain or overrule the decision of the Director shall be
final.
13.50.180 Defacing prohibited. No person shall cut down,pull up,burn, destroy, or remove
any tree,plant or shrub in any street or public place. No person shall trim, skin, deface or
remove the outer trunk surface or bark of any tree,plant or shrub located in any street or public
place to such extent or in such manner as to deface, injure, destroy or endanger the life of any
such tree,plant or shrub. No person shall attach any rope, wire,nail, advertising material or any
other foreign object to any tree,plant or shrub, or allow any gaseous liquid or solid substance to
come into contact therewith which gaseous liquid or other substance is harmful to such tree,
plant or shrub.
13.50.190 Certain materials prohibited. No person shall deposit,place, store or maintain
upon any public place in the City any stone,brick, sand, concrete or other material which may
obstruct the free passage of water, air and fertilizer to the roots of any tree,plant or shrub
growing in such public place without first obtaining written permission from the tree
superintendent to do so.
13.50.200 Excavations.
(a) No person shall excavate any ditch, tunnel, trench, or lay any driveway within a radius of
ten(10) feet from any tree in any street or parkway without first obtaining written
permission from the Director to do so.
12/01
Huntington Beach Municipal Code 13.50200(b)--13.50.210
(b) Any tree on any street or public place near any excavation or construction of any
building, structure, or street work, shall be protected with a good substantial enclosure
placed a sufficient number of feet, as determined by the Director, from such tree, to guard
against any building material, refuse, or other debris from damaging such tree.
13.50.210 Final Inspection. Upon notice from the permittee that the permitted work has been
completed, the Director or his designee shall inspect the work done. Should the completed work
fail to meet the standards set forth in this Chapter, the permittee shall have 15 days to correct the
work. A civil citation may be issued for failure to complete the work within the 15-day
extension period.
12/01
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective December 5, 2001 )
Please Remove from Code Please Add to Code
Chapter 2.111 Chapter 2.111
Chapter 8.40 Chapter 8.40
Prepared by:
Office of the City C-lerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
y.
unici al COdeis available._orNth'e Internet
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http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 2.111.010--2.111.030(f)
_ Chapter 2.111
PUBLIC WORKS COMMISSION
(3318-2/96;3490-1/01,3506-10/01,3515-12/01)
Sections:
2.111.010 Commission established
2.111.020 Non-Interference
2.111.030 Duties
2.111.040 Records of commission
2.111.050 Members
2.111.060 Appointment/Composition
2.111.080 Vacancies--Retirement
2.111.100 Quorum proceedings
2.111.110 Bylaws
2.111.120 Advisors
2.111.130 Operating policies
2.111.140 Brown Act
2.111.010 Commission established. There is hereby established a Public Works Commission
in and for the City of Huntington Beach which shall be known as the Public Works Commission
of the City of Huntington Beach. The authority to create a Public Works Commission is derived
from the Huntington Beach City Charter Section 405. (3318-2/96)
2.111.020 Non-interference. Except as otherwise provided in this Chapter as may be amended
by ordinance by the City Council of the City of Huntington Beach, no member of the Public
Works Commission shall order, directly or indirectly, the Director of Public Works or his/her
staff in the administration or execution of the Director's Powers and Duties as established in
Chapter 2.56 of the Huntington Beach Municipal Code. The Director of Public Works shall be
responsible to the City Administrator for the administration and execution of Public Works
affairs. (3318-2/96)
2.111.030 Duties. The duties of the Public Works Commission shall be as provided below:
(3318-2/96)
(a) Provide annual review and comment upon Public Works Capital Improvement Projects and
Program. (3318-2/96)
(b) Review and comment upon the following: (3318-2/96)
(1) The long term infrastructure maintenance and repair program; (3318-2/96)
(2) Oil pipeline permits issued by Public Works staff; and (3318-2/96)
(3) Traffic control device permits issued by Public Works staff. (3318-2/96)
(c) Recommend to the City Council Capital Projects which exceed $50,000.00 and may review
capital project repairs exceeding $50,000.00. (3318-2/96)
(d) Review all capital improvements construction project change orders exceeding $50,000.00
and not more than $100,000.00 for all cash contracts. (3318-2/96)
(e) Conduct an annual review and performance audit of the Sewer Service Fund. (3506-10/01)
(f) Recommend to the City Council on an annual basis any fees, rates and/or charges proposed to
be modified or added to the Sewer Service User Charge. (3506-10/01)
12/01
2.111.030(g)-2.111.080 Huntington Beach Municipal Code
(g) Have the power and be required to hear for final decision appeals from sewer service user
charge adjustment and/or exemption decisions made by the Public Works Director. (3506-
10/01)
(h) Should an Infrastructure Fund be created by Charter provision, the Public Works
Commission shall act in the capacity of the Citizen's Infrastructure Advisory Board. The
Public Works Commission, acting in the capacity of the Citizen's Infrastructure Advisory
Board, shall conduct an annual review and performance audit of the Infrastructure Fund and
report its findings to the City Council prior to the City Council's adoption of the following
fiscal year budget. (3515-12/01)
(i) Pursuant to California Vehicle Code § 21950.5, or its successor statute, the Public Works
Commission shall conduct public meetings as necessary to consider the removal of a marked
crosswalk or crosswalks on public streets; and based upon the results of such meetings, direct
City staff,by motion, to either retain the marked crosswalk(s) or take any necessary steps for
removal of the marked crosswalk(s). Any person who disagrees with the decision of the
Public Works Commission may, in writing, no later than 10 days after the date of such
decision, appeal the decision to the City Council. Such appeal shall be filed with the City
Clerk. If a timely appeal is filed, the City Clerk shall cause the matter to be set for hearing
before the City Council within 30 days. The City Clerk shall give the appellant at least 10
days written notice of the time and place of the City Council hearing. After hearing the
appeal, the City Council may affirm, overrule or modify the decision of the Public Works
Commission. The decision of the City Council shall be final. If the Public Works
Commission's decision is to direct City staff to take the necessary steps to remove a marked
crosswalk(s), and, further, if a timely appeal is filed, the decision of the Public Works
Commission shall be stayed until the City Council has decided the appeal. If the decision of
the City Council directs removal of a marked crosswalk(s), such removal shall not occur until
at least 30 days after the City Council's decision. (3515-12/01) j
2.111.040 Records of commission. Accurate and permanent records of the acts of the
Commission shall be kept, and such records shall have the same status as records of other
departments of the city. (3318-2/96)
2.111.050 Members. The Public Works Commission shall consist of seven(7) members who
shall be residents of the City of Huntington Beach and shall not be officers or employees of the
city and no member of the commission may have any interest in any contract with the city either
during such member's terms of office or for a period of one (1) year after the cessation of such
service. Members who are employees of firms which contract with the city shall be deemed to be
interested in such contracts excepting when such interest is remote, as defined in Article 4,
Chapter 2, Division 4, Title 1 of the California Government Code. (3318-2/96)
2.111.060 Appointment and composition. All members shall serve without compensation, may
hold no other office or employment in City Government, and no other employment which is
incompatible with Commission Service. Each City Council member shall appoint one member
of the Commission to serve the same term as the City Council member. The term shall coincide
with the term of the City Council member making the appointment. The first two terms expiring
shall be appointed by the two first term City Council members. Thereafter, selection shall be
made upon expiration of terms, and shall be by lot drawn among the remaining Council
members. (3318-2/96;3490-1/01)
2.111.080 Vacancies—Retirement. In the event a member retires or is unable to complete
his/her term, an appointment shall be made to fill the remainder of such member's unexpired
term. (3318-2/96;3490-1/01) %
12/01
Huntington Beach Municipal Code 2.111.100-2.111.140
2.111.100 Quorum proceedings. A majority of the members of the Commission in office shall
constitute a quorum. A majority vote of the members present and voting, where a quorum is
present at any regular or special meeting, is required to carry a motion, proposal or resolution.
(3318-2/96)
Upon demand of any member, the roll call shall be called for yeas and nays upon any questions
before the Commission. Roberts' Rules of Order Revised shall govern the procedure of meetings
of the commission unless inconsistent with other provisions of this chapter. (3318-2/96)
2.111.110 Bylaws. The Public Works Commission shall adopt such bylaws and rules as it
deems necessary to provide for its officers and their method of selection of time and place of
meetings and for such other matters relative to its work and administration of its duties which are
not otherwise provided for by statute or ordinance. (3318-2/96)
2.111.120 Advisors. The Public Works Commission may request of the Director of Public
Works the attendance at its meetings of any officer or employee of the city to assist the
commission in its deliberations in an advisory capacity but who shall not have the authority to
vote upon any matter being considered by the commission. (3318-2/96)
2.111.130 Operating policies. Except as otherwise provided in this chapter, the board shall
conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this
code. (3318-2/96)
2.111.140 Brown Act. The Board shall be governed by the provisions of the Brown Act
(Government Code§54950, et seq.). (3318-2/96)
10/01
Huntington Beach Municipal Code 8.40.010--8.40.020(d)
Chapter 8.40 (W "
NOISE CONTROL
(1006-10/63, 1072-11/64,1354-11/67, 1935-11/74,2364-5/79,2379-7/79,Urg.2434-5/80,2533-2/82,2788-9/85,3131-4/92,
3216-12/93,3514-12/01)
Sections:
8.40.010 Declaration of policy
8.40.020 Definitions
8.40.030 Noise level measurement criteria
8.40.040 Designated noise zones
8.40.050 Exterior noise standards
8.40.060 Exterior noise levels prohibited
8.40.070 Interior noise standards
8.40.080 Interior levels of noise prohibited
8.40.090 Special provisions
8.40.095 Leaf blowers
8.40.100 Schools, hospitals and churches--Special provisions
8.40.110 Air conditioning, refrigeration--Special provisions
8.40.111 Prohibited noises
8.40.112 Loud noises
8.40.120 Manner of enforcement
8.40.130 Variance procedure
8.40.140 Noise Variance Board
8.40.150 Appeals
8.40.160 Appeals--Notice of hearing
8.40.170 Action of council
8.40.180 Violations--Misdemeanor --
8.40.010 Declaration of policy. In order to control unnecessary, excessive and annoying
sounds emanating from incorporated areas of the City, it is hereby declared to be the policy of
the City to prohibit such sounds generated from all sources as specified in this chapter.
It is determined that certain noise levels are detrimental to the public health, welfare and safety
and contrary to public interest; therefore, the City Council does ordain and declare that creating,
maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited
by, or not in conformity with the provisions of this chapter, is a public nuisance and shall be
punishable as such. (2379-7/79)
8.40.020 Definitions. The following words, phrases and terms as used in this chapter shall have
the meaning as indicated below:
(a) "Ambient noise level" shall mean the all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources, excluding the alleged offensive
noise, at the location and approximate time at which a comparison with the alleged offensive
noise is to be made.
(b) "Commercial property" shall mean a parcel of real property which is developed and used
either in part or in whole for commercial purposes including, but not limited to, retail and
wholesale businesses and professional offices.
(c) "Cumulative period" shall mean an additive period or time composed of individual time
segments which may be continuous or interrupted.
(d) "Decibel" (db) shall mean a unit which denotes the ratio between two (2) quantities which are
proportional to power; the number of decibels corresponding to the ratio of two (2) amounts
of power is ten (10) times the logarithm to the base ten(10) of this ratio.
12/01
8.40.020(e)--8.40.040 Huntington Beach Municipal Code
(e) "Emergency machinery, vehicle or work" shall mean any machinery, vehicle or work used,
employed or performed in an effort to protect, provide or restore safe conditions in the
community or for the citizenry, or work by private or public utilities when restoring utility
service.
(f) "Fixed noise source" shall mean a stationary device which creates sounds while fixed or
motionless, including but not limited to, industrial and commercial machinery and
equipment, pumps, fans, compressors, generators, air conditioners and refrigeration
equipment.
(g) "Grading" shall mean any excavating or filling of earth material, or any combination thereof,
conducted to prepare said site for construction or the placement of the improvements thereon.
(h) "Impact noise" shall mean the noise produced by the collision of one mass in motion with a
second mass which may be either in motion or at rest.
(i) "Industrial property" shall mean a parcel of real property which is developed and used in part
or in whole for manufacturing purposes including research and development uses.
(j) "Mobile noise source" shall mean any noise source other than a fixed noise source.
(k) "Noise level" shall mean the "A" weighted sound pressure level in decibels obtained by using
a sound level meter at slow response with a reference pressure of twenty (20) micropascals
(micronewtons per square meter). The unit of measurement shall be designated as db(A).
(1) "Person" shall mean a person, firm, association, co-partnership,joint venture, corporation or
any entity,public or private in nature.
(m)"Residential property" shall mean a parcel of real property which is developed and used i
either in part or in whole for residential purposes, other than transient uses such as hotels or
motels.
(n) "Predominant tone noise" shall mean a noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished.
(o) "Sound pressure level" of a sound, in decibels, shall mean twenty (20) times the logarithm to
the base of ten (10) of the ratio of the pressure of the sound to a reference pressure, which
reference pressure shall be explicitly stated. (2379-7/79)
8.40.030 Noise level measurement criteria. Any noise level measurements made pursuant to
the provisions of this chapter shall be performed using a sound level meter as defined in this
chapter. The location selected for measuring exterior noise levels shall be at any point on the
property line of the offender or anywhere on the affected property. Interior noise measurements
shall be made within the affected unit. The measurement shall be made at a point in the affected
unit at least four(4) feet from the wall, ceiling or floor nearest the noise source. All noise level
measurements shall be performed in accordance with procedural rules and regulations of the
Orange County Health Department. (2379-7/79)
8.40.040 Designated noise zones. The properties hereinafter described, whether within or
without the City, are hereby assigned to the following noise zones:
Noise Zone 1: All residential properties;
Noise Zone 2: All professional office and public institutional properties;
Noise Zone 3: All commercial properties with the exception of professional office properties;and
Noise Zone 4: All industrial properties. (2379-7/79)
12101
Huntington Beach Municipal Code 8.40.050--8.40.070(a)
8.40.050 Exterior noise standards.
(a) The following noise standards, unless otherwise specifically indicated, shall apply to all
residential property within a designated noise zone:
Exterior Noise Standards
Noise Zone Noise Level Time Period
1 55 db(A) 7 a.m. -�10 p.m.
50 db(A) 10 p.m. - 7 a.m.
r -
2 55 db(A) An ime
10
�..
:, �..
3 60 db(A) An ime
...� v;.�?dt_las:=--�
4 70 db(A) Anytime
(b) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise,
speech, music, or any combination thereof, each of the above noise levels shall be reduced by
five (5) db(A). (2379-8/79,2788-9/85)
8.40.060 Exterior noise levels prohibited. It shall be unlawful for any person at any location
within the incorporated area of the City to create any noise, or to allow the creation of any noise
on property owned, leased, occupied, or otherwise controlled by such person, which causes the
noise level when measured on any residential, public institutional, professional, commercial or
industrial property, either within or without the City, to exceed the applicable noise standards:
(a) For a cumulative period of more than thirty (30) minutes in any hour;
(b) Plus 5 db(A) for a cumulative period of more than fifteen(15) minutes in any hour;
(c) Plus 10 db(A) for a cumulative period of more than five (5) minutes in any hour;
(d) Plus 15 db(A) for a cumulative period of more than one (1)minute in any hour; or
(e) Plus 20 db(A) for any period of time.
In the event the ambient noise level exceeds any of the first four noise limit categories above, the
cumulative period applicable to said category shall be increased to reflect said ambient noise
level. In the event the ambient noise level exceeds the fifth noise limit category,the maximum
allowable noise level under said category shall be increased to reflect the maximum ambient
noise level. (2379-7/79)
8.40.070 Interior noise standards.
(a) The following noise standards, unless otherwise specifically indicated, shall apply to all real
property within a designated noise zone:
Interior Noise Standards
Noise Zone Noise Level Time Period
z -
1 55 db(A) 7 a.m. -10 p.m.
x , gp __. _
45 db(A) 10 .m. - 7 a.m.
.:, y=--
2, 3 4 55 db(A) Anytime
12/01
8.40.070(b)--8.40.090(g) Huntington Beach Municipal Code
(b) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise,
speech, music, or any combination thereof, each of the above noise levels shall be reduced by
five (5) db(A). (2379-7/79,2788-9/85) ,
8.40.080 Interior levels of noise prohibited. It shall be unlawful for any person at any location
within the incorporated area of the City to create any noise, or to allow the creation of any noise
on property owned, leased, occupied, or otherwise controlled by such person, which causes the
noise level when measured within any other structure on any residential,public institutional,
commercial, or industrial property to exceed:
(a) The noise standard for a cumulative period of more than five minutes in any hour;
(b) The noise standards plus 5 db(A) for a cumulative period of more than one (1) minute in any
hour; or
(c) The noise standard plus 10 db(a) for any period of time.
In the event the ambient noise level exceeds either of the first two noise limit categories above,
the cumulative period applicable to said category shall be increased to reflect said ambient noise
level. In the event the ambient noise level exceeds the third noise level, the maximum allowable
noise level under said category shall be increased to reflect the maximum ambient noise level.
Each of the noise limits specified above shall be reduced by 5 db(A) for impact or predominant
tone noises, or for noises consisting of speech or music.
In the event that the noise source and the affected property are within different noise zones, the
noise standards of the affected property shall apply. (2379-7/79)
I
8.40.090 Special provisions. The following activities shall be exempt from the provisions of
this chapter:
(a) School bands, school athletics and school entertainment events,provided such events are
conducted on school property or authorized by special permit from the City;
(b) Activities otherwise lawfully conducted in public parks, public playgrounds and public or
private school grounds;
(c) Any mechanical device, apparatus or equipment used, related to or connected with
emergency machinery, vehicle or work;
(d) Noise sources associated with construction, repair, remodeling, or grading of any real
property; provided a permit has been obtained from the City; and provided said activities do
not take place between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday, or at
any time on Sunday or a federal holiday.
(e) All mechanical devices, apparatus or equipment which are utilized for the protection or
harvest of agricultural crops during periods of potential or actual frost damage or other
adverse weather conditions;
(f) Mobile noise sources associated with agricultural operations provided such operations do not
take place between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday, or at any
time on Sunday or a federal holiday.
(g) Mobile noise sources associated with agricultural pest control through pesticide application,
provided that the application is made in accordance with restricted material permits issued by
or regulations enforced by the Agricultural Commissioner;
12/01
Huntington Beach Municipal Code 8.40.090(h)--8.40.095(c)(5)
(h) Noise sources associated with the maintenance of real property provided said activities take
place between the hours of 8 a.m. and 8 p.m. on any day except Sunday or between the hours
of 9 a.m. and 6 p.m. on Sunday or a federal holiday;
(i) Leaf blower shall be governed by section 8.40.095. (3131-4/92)
0) Any activity or equipment to the extent that design regulation thereof has been pre-empted by
state or federal laws. (2379-7/79)
8.40.095 Leaf blowers. (3131-4/92)
(a) Definitions. As used in this section, the following terms shall have meanings as set forth
below: (3131-4/92)
(1) "Leaf blower" means any machine, however powered, used to blow leaves, dirt and other
debris off sidewalks, driveways, lawns and other surfaces. (3131-4/92)
(2) "Parcel" means an area of real property with a separate or distinct number or other
designation shown on a plat recorded in the office of the County Recorder. Contiguous
parcels owned by the same individual or entity shall be considered one parcel for
purposes of this section. (3131-4/92)
(b) Unlawful to propel debris beyond parcel boundary. It shall be unlawful for any person to use
or operate any leaf blower in such a manner as to blow, dispel or make airborne, dust, leaves,
grass cuttings,paper, trash or any other type of unattached debris or material, beyond the
parcel boundaries of the parcel being cleaned, unless the consent of the adjoining owner or
person in possession is obtained. It shall be unlawful for any person to use or operate any
leaf blower within the City in such a way as to blow leaves, dirt and other debris onto the
public rights-of-way or private property and to allow such debris to remain there in excess of
thirty (30) minutes. (3131-4/92)
(c) Special prohibitions. It shall be unlawful for any person to operate a leaf blower within a
residential zone or within one hundred feet of a residential zone of the City of Huntington
Beach, except under the following conditions: (3131-4/92)
(1) Time restriction. Noise sources associated with the maintenance of real property
provided said activities take place between the hours of 8:00 A.M. and 8:00 P.M. on any
day except Sunday or between the hours of 9:00 A.M. and 6:00 P.M. on Sunday or a
federal holiday. (3131-4/92)
(2) Distance restriction. Leaf blowers shall not be operated within a horizontal distance of
ten(10) feet of any operable window, door, or mechanical air intake opening or duct;
(3131-4/92)
(3) Duration of use restriction. Leaf blowers shall not be operated for more than fifteen(15)
minutes per hour,per day, on parcels less than one-half acre and no more than thirty(30)
minutes per hour on parcels greater than one-half acre up to one acre. Leaf blowers shall
not be operated for more than two (2)hours on parcels of one acre or more. (3131-4/92)
(4) Number restriction. No person shall operate more than one (1) leaf blower per parcel on
one-half acre, no more than two (2) leaf blowers on parcels greater than one-half acre and
no more than three (3) leaf blowers on parcels greater than one acre or more. (3131-4/92)
(5) The maximum decibel level of 70 dba as measured ten(10) feet from the leaf blower
shall not be exceeded. (3131-4/92)
12/01
8.40.100--8.40.112(c) Huntington Beach Municipal Code
8.40.100 Schools, hospitals and churches--Special provisions. It shall be unlawful for any
person to create any noise which causes the noise level at any school, hospital or church while
same is in use, to exceed the noise limits specified for exterior noise standards in this chapter, or
which noise level unreasonably interferes with the use of such institutions or which unreasonably
disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three (3)
separate locations within one-tenth(1/10) of a mile of the institution indicating the presence of a
school, hospital or church. (2379-7/79)
8.40.110 Air conditioning, refrigeration--Special provisions. During a one(1) year period
following the effective date of this chapter, the noise level standards specified in this chapter
shall be increased by 5 db(A) where the alleged noise source is an air-conditioning apparatus or
refrigeration system, which was installed prior to the effective date of this chapter. (2379-7/79)
8.40.111 Prohibited noises. Notwithstanding any other provisions of this chapter and in
addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be
made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of
any neighborhood or which causes discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area. (3216-12/93)
The standard which may be considered in determining whether a violation of the provisions of
this section exists may include, but not be limited to, the following: (3216-12/93)
(a) The level of the noise; (3216-12/93)
(b) Whether the nature of the noise is usual or unusual; (3216-12/93)
(c) Whether the origin of the noise is natural or unnatural; (3216-12/93)
(d) The level and intensity of the background noise, if any; (3216-12/93)
(e) The proximity of the noise to residential sleeping facilities; (3216-12/93)
(f) The nature and zoning of the area within which the noise emanates; (3216-12/93)
(g) The density of the inhabitation of the area within which the noise emanates; (3216-12/93)
(h) The time of the day and night the noise occurs; (3216-12/93)
(i) The duration of the noise; (3216-12/93)
0) Whether the noise is recurrent, intermittent or constant; and (3216-12/93)
(k) Whether the noise is produced by a commercial or noncommercial activity. (3216-12/93)
8.40.112 Loud noises. It shall be unlawful for any person to: (3514-12/01)
(a) Use, operate, or permit to be operated any radio,receiving set or device, television set,
musical instrument, phonograph, CD, DVD, tape player,juke box, or other machine or
device for producing or reproducing sound in such a manner as to distrub the peace, quiet,
and comfort of other persons. (3514-12/01)
(b) Make or allow to be made any noise which continues for more than a five minute period
between the hours of 1 OPM and 7AM if such noise is audible for fifty feet or more from the
source of the noise. (3514-12/01)
(c) Maintain, manage, or control any business or residential property in violation of sections (a)
or(b). (3514-12/01)
12/01
Huntington Beach Municipal Code 8.40.112(d)--8.40.140
(d) Own, maintain, control, operate, take care or custody of, or otherwise provide any premises,
and allow noise to continue after being informed, anytime within the preceding thirty days by
the Police Department, that a violation of this chapter has been committed on said premises.
(3514-12/01)
(e) Violations of this section are hereby declared a nuisance. (3514-12/01)
8.40.120 Manner of enforcement. Except for Sections 8.40.111 and 8.40.112, the Orange
County Health Officer and his duly authorized representatives are directed to enforce the
provisions of this chapter. The Orange County Health Officer and his duly authorized .
representatives are authorized pursuant to Penal Code section 836.5 to arrest any person without
a warrant when they have reasonable cause to believe that such person has committed a
misdemeanor in their presence. (3216-12/93)
If the Orange County Health Officer or his duly authorized representatives conduct db(A) tests or
readings for purposes of enforcement, and the noise level is found to exceed those levels
stipulated as permissible in this chapter, the owner or operator of the noise source shall be
required to pay the cost of the db(A) tests or readings.
No person shall interfere with, oppose or resist any authorized person charged with the
enforcement of this chapter while such person is engaged in the performance of his duty.
(2379-7/79,2533-2/82) "
8.40.130 Variance procedure. The owner or operator of a noise source which violates any of
the provisions of this chapter may file an application with the Health Officer for a variance from
the provisions thereof wherein said owner or operator shall set forth all actions taken to comply
with said provisions, the reasons why immediate compliance cannot be achieved, a proposed
method of achieving compliance, and a proposed time schedule for its accomplishment. Said
application shall be accompanied by a fee in the amount of seventy-five dollars ($75).
A separate application shall be filed for each noise source; provided, however, that several
mobile sources under common ownership, or several fixed sources on a single property may be
combined into one application. Upon receipt of said application and fee, the Health Officer shall
refer it with his recommendation thereon in accordance with the provisions of this chapter.
An applicant for a variance shall remain subject to prosecution under the terms of this chapter
until a variance is granted. (2379-7/79)
8.40.140 Noise variance board. The noise Variance Board shall evaluate all applications for
variance from the requirements of this chapter and may grant said variances with respect to time
for compliance, subject to such terms, conditions and requirements as it may deem reasonable to
achieve maximum compliance with the provisions of this chapter. Said terms, conditions and
requirements may include, but shall not be limited to, limitations on noise levels and operating
hours. Each such variance shall set forth in detail the approved method of achieving maximum
compliance and a time schedule for its accomplishment.
In its determination said board shall consider the magnitude of nuisance caused by the offensive
noise; the uses of property within the area of impingement by the noise; the time factors related
to study, design, financing and construction of remedial work; the economic factors related to
age and useful life of equipment; and the general public interest and welfare. Any variance
granted by said board shall be by resolution and shall be transmitted to the Health Officer for
enforcement. Any violation of the terms of said variance shall be unlawful.
12/01
8.40.140--8.40.180 Huntington Beach Municipal Code
Members of the Variance Board shall be appointed by, and shall serve at the pleasure of the
Orange County board of supervisors. The Variance Board shall adopt reasonable rules and
regulations for its own procedures in carrying out its functions under the provisions of this
chapter.
Three (3) members shall constitute a quorum and at least three (3) affirmative votes shall be
required in support of any action.
The Health Officer, or his appointed representative, shall be a nonvoting ex officio member of
the Variance Board, and shall act as secretary of the board.
Meetings of the noise Variance Board shall be held at the call of the secretary and at such times
and locations as said board shall determine. All such meetings shall be open to the public.
(2379-7/79)
8.40.150 Appeals. Within fifteen (15) days following notice to the City of the decision of the
Variance Board on an application, the applicant, the Health Officer, or any member of the City
Council, may appeal the decision to the City Council by filing a notice of appeal with the
secretary of the Variance Board. In the case of an appeal by the applicant for a variance, the
notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of
the estimated cost of preparing the materials required to be forwarded to the City Council as
discussed hereafter. If the actual cost of such preparation differs from the estimated cost,the
applicant shall pay the difference to the secretary and the secretary shall pay the amount of any
excess to the applicant. (2379-7/79)
8.40.160 Appeals--Notice of hearing. Within fifteen(15) days following the receipt of a notice
of appeal and the appeal fee, the secretary of the Variance Board shall forward to the City
Council copies of the application for variance; the recommendation of the Health Officer; the
notice of appeal; all evidence concerning said application received by the Variance Board and its i
decision thereon. In addition, any person may file with the City Council written arguments
supporting or attacking said decision and the City Council may, in its discretion, hear oral
arguments thereon. The City Clerk shall mail to the applicant a notice of the date set for hearing
of the appeal. The notice shall be mailed at least ten(10) days prior to the hearing date.
(2379-7/79)
8.40.170 Action of Council. Within sixty(60) days following its receipt of the notice of the
appeal,the City Council shall either affirm, modify or reverse the decision of the Variance Board
at a duly noticed public hearing. Such decision shall be based upon the City Council's evaluation
of the matters submitted to it in light of the powers conferred on the Variance Board and the
factors to be considered as set out in this chapter.
As part of its decision, the council may direct the Variance Board to conduct further proceedings
on said application. Failure of the City Council to affirm, modify or reverse the decision of the
Variance Board within said sixty(60) day period shall constitute affirmation of the board's
decision. (2379-7/79)
8.40.180 Violations--Misdemeanor. Any person violating any of the provisions of this chapter
shall be deemed guilty of a MISDEMEANOR. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be punishable as such. The
provisions of this chapter shall not be construed as permitting conduct not proscribed herein and
shall not affect the enforceability of any other applicable provisions of law. (2379-7179)
12/01
Huntington Beach Municipal Code 2.111.010-2.111.030(o
Chapter 2.111
PUBLIC WORKS COMNUSSION
(3318-2/96;3490-1101,3506-10/01)
Sections:
2.111.010 Commission established
2.111,020 Non-Interference .
2.111.030. Duties._
2.111.040 Records of commission
2.111.050 Members
2.111.060 Appointment/Composition
2.111.080 Vacancies--Retirement
2.111.100 Quorum proceedings
2.111.110 Bylaws
2.111.120 Advisors
2.111.130 Operating policies
2.111.140 Brown Act
2.111.010 Commission established. There is hereby established a Public Works Commission in
and for the City of Huntington Beach which shall be known as the Public Works Commission of
the City of Huntington Beach. The authority to create a Public Works Commission is derived
from the Huntington Beach City Charter Section 405. (3318-2/96)
2.111.020 Non-interference. Except as otherwise provided in this Chapter as may be amended
by ordinance by the City Council of the City of Huntington Beach, no member of the Public
Works Commission shall order, directly or indirectly, the Director of Public Works or his/her staff
in the administration or execution of the Director's Powers and Duties as established in Chapter
2.56 of the Huntington Beach Municipal Code. The Director of.Public Works shall be.responsible' `
to the City Administrator for the administration_and execution of Public Works affairs: (3318=2/96)
2.111.030 Duties. The duties of the Public Works Commission shall be as provided below:
(3318-2/96)
(a) Provide annual review and comment upon Public Works Capital Improvement Projects and
Program. (3318-2/96)
(b) Review and comment upon the following: (3318-2/96)
(1) The long term infrastructure maintenance and repair program; (3318-2/96)
(2) Oil pipeline permits issued by Public Works staff; and (3318-2M)
(3) Traffic control device permits issued by Public Works staff. (3318-Z96)
(c) Recommend to the City Council Capital Projects which exceed $50,000.00 and may review
capital project repairs exceeding $50,000.00. (33115-2/96)
(d) Review all capital improvements construction project change orders exceeding $50,000.00
and not more than $100,000.00 for all cash contracts. (3318-2/96)
(e) Conduct an annual review and performance audit of the Sewer Service Fund. (3506-10/01)
(f) Recommend to the City Council on an annual basis any fees,rates and/or charges proposed to
be modified or added to the Sewer Service User Charge. (3506-10101)
10/01
2.111.030(g)-2.111.140 Huntington Beach Municipal Code
(g) Have the power and be required to hear for final decision appeals from sewer service user
charge adjustment and/or exemption decisions made by the Public Works Director. (3506-10/01)
2.111.040 Records of commission. Accurate and permanent records of the acts of the
Commission shall be kept, and such records shall have the same status as records of other
departments of the city. (3318-2/96)
2.111.050 Members. The Public Works Commission shall consist of seven (7) members who
shall be residents of the City of Huntington Beach and shall not be officers or employees of the
city and no member of the commission may have any interest in any contract with the city either
during such member's terms of office or for a period of one (1) year after the cessation of such
service. Members who are employees of firms which contract with the city shall be deemed to be
interested in such contracts excepting when such interest is remote, as defined in Article 4,
Chapter 2, Division 4, Title 1 of the California Government Code. (3318-2/96)
2.111.060 Appointment and composition. All members shall serve without compensation, may
hold no other office or employment in City Government, and no other employment which is
incompatible with Commission Service. Each City Council member shall appoint one member of
the Commission to serve the same term as the City Council member. The term shall coincide with
the term of the City Council member making the appointment. The first two terms expiring shall
be appointed by the-two first term City Council members. Thereafter, selection shall be made
upon expiration of terms, and shall be by lot drawn among the remaining Council members.
(3318-2/96;3490-1101)
2.111.080 Vacancies—Retirement. In the event a member retires or is unable to complete
his/her term, an appointment shall be made to fill the remainder of such member's unexpired term.
(3318-2196;3490-1/01) l�
2.111.100 Quorum proceedings. A majority of the members of the Commission in office shall
constitute a quorum. A majority vote of the members present and voting, where a quorum is
present at any regular or special meeting, is required to carry a motion, proposal or resolution.
(3318-2/96)
Upon demand of any member, the roll call shall be called for yeas and nays upon any questions
before the Commission. Roberts' Rules of Order Revised shall govern the procedure of meetings
of the commission unless inconsistent with other provisions of this chapter. (3318-2/96)
2.111.110 Bylaws. The Public Works Commission shall adopt such bylaws and rules as it deems
necessary to provide for its officers and their method of selection of time and place of meetings
and for such other matters relative to its work and administration of its duties which are not
otherwise provided for by statute or ordinance. (3318-2/96)
2.111120 Advisors. The Public.Works Commission may request of the Director of Public
Works.the attendance at its meetings of any officer or employee of the city to assist the
commission in its deliberations in an advisory capacity but who shall not have the authority to
vote upon any matter being considered by the commission. (3318-2/96)
2.111.130 Operating policies. Except as otherwise provided in this chapter, the board shall
conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this
code. (3318-2/96)
2.111.140 Brown Act. The Board shall be governed by the provisions of the Brown Act
(Government Code §54950, et seq.). (3318-2/96)
10/01
Huntington Beach Municipal Code 8.40.010-8.40.020(d)
Chapter 8.40
NOISE CONTROL
(1006-10/63, 1072-11/64, 1 3 54-1 116 7,1935-11l74,2364-5/79,2379-7/79,Urg.2434-5/80,2533-2/82,2788-9/85,3131-4/92,
3216-12/93)
Sections:
8.40.010 Declaration of policy
8.40.020 Definitions
8.40.030 Noise level measurement criteria
8.40.040 Designated noise zones
8.40.050 Exterior noise standards
8.40.060 Exterior noise levels prohibited
8.40.070 Interior noise standards
8.40.080 Interior levels of noise prohibited
8.40.090 Special provisions
8.40.095 Leaf blowers
8.40.100 Schools, hospitals and churches--Special provisions
8.40.110 Air conditioning, refrigeration--Special provisions
8.40.111 Prohibited noises
8.40.112 Specific noises
8.40.120 Manner of enforcement
8.40.130 Variance procedure
8.40.140 Noise Variance Board
8.40.150 Appeals
8.40.160 Appeals--Nlotice of hearing —
8.40.170 Action of council
8.40.180 Violations--Misdemeanor
8.40.010 Declaration of policy. In order to control unnecessary, excessive and annoying
sounds emanating from incorporated areas of the City, it is hereby declared to be the policy of
the City to prohibit such sounds generated from all sources as specified in this chapter.
It is determined that certain noise levels are detrimental to the public health, welfare and safety
and contrary to public interest; therefore,the City Council does ordain and declare that creating,
maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited
by, or not in conformity with the provisions of this chapter, is a public nuisance and shall be
punishable as such. (2379-7r9)
.8.40.020 Definitions. The following words,phrases and terms as used in this chapter shall have
the meaning as indicated below:
(a) "Ambient noise level' shall mean the all-encompassing noise level associated with a given
environment,being a composite of sounds from all sources, excluding the alleged offensive
noise, at the location and approximate time at which a comparison with the alleged offensive
noise is to be made.
(b) "Commercial property" shall mean a parcel of real property which is developed and used
either in part or in whole for commercial purposes including, but not limited to, retail and
wholesale businesses and professional offices.
(c) "Cumulative period" shall mean an additive period or time composed of individual time
segments which may be continuous or interrupted.
(d) "Decibel' (db) shall mean a unit which denotes the ratio between two (2) quantities which are
proportional to power; the number of decibels corresponding to the ratio of two (2) amounts
of power is ten(10) times the logarithm to the base ten(10) of this ratio.
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8.40.020(e)-8.40.040 Huntington Beach Municipal Code
1
(e) "Emergency machinery, vehicle or work" shall mean any machinery, vehicle or work used, t
employed or performed in an effort to protect, provide or restore safe conditions in the
community or for the citizenry, or work by private or public utilities when restoring utility
service.
(f) "Fixed noise source" shall mean a stationary device which creates sounds while fixed or
motionless, including but not limited to, industrial and commercial machinery and
equipment, pumps, fans, compressors, generators, air conditioners and refrigeration
equipment.
(g) "Grading" shall mean any excavating or filling of earth material, or any combination thereof,
conducted to prepare said site for construction or the placement of the improvements thereon.
(h) "Impact noise" shall mean the noise produced by the collision of one mass in motion with a
second mass which may be either in motion or at rest.
(i) "Industrial property" shall mean a parcel of real property which is developed and used in part
or in whole for manufacturing purposes including research and development uses.
0) "Mobile noise source" shall mean any noise source other than a fixed noise source.
(k) "Noise level" shall mean the "A" weighted sound pressure level in decibels obtained by using
a sound level meter at slow response with a reference pressure of twenty (20)micropascals
(micronewtons per square meter). The unit of measurement shall be designated as db(A).
(1). "Person" shall mean a person, firm, association, co-partnership,joint venture, corporation or
any entity, public or private in nature.
(m)"Residential property" shall mean a parcel of real property which is developed and used
either in part or in whole for residential purposes, other than transient uses such as hotels or
motels.
(n) "Predominant tone noise" shall mean a noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished.
(o) "Sound pressure level" of a sound, in decibels, shall mean twenty (20)times the logarithm to
the base of ten(10) of the ratio of the pressure of the sound to a reference pressure,which
reference pressure shall be explicitly stated. (2379-7r19)
8.40.030 Noise level measurement criteria. Any noise level measurements made pursuant to
.the provisions of this chapter shall be performed using a sound level meter as defined in this
chapter. The location selected for measuring exterior noise levels shall be at any point on the
property line of the offender or anywhere on the affected property. Interior noise measurements
shall be made within the affected unit. The measurement shall be made at a point in the affected
unit at least four (4) feet from the wall, ceiling or floor nearest the noise source. All noise level
measurements shall be performed in accordance with procedural rules and regulations of the
Orange County Health Department. (2379-7/79)
8.40.040 Desia aced noise zones. The properties hereinafter described, whether within or
without the City, are hereby assigned to the following noise zones:
Noise Zone 1: All residential properties;
Noise Zone 2: All professional office and public institutional properties;
Noise Zone 3: All commercial properties with the exception of professional office properties;and
12193
Huntington Beach Municipal Code 8.40.040--8.40.070(a)
Noise Zone 4: All industrial properties. (2379-7/79)
8.40.050 Exterior noise standards.
(a) The following noise standards, unless otherwise specifically indicated, shall apply to all
residential property within a designated noise zone:
Exterior Noise Standards
Noise Zone Noise Level Time Period
1 55 db(A) 7 a.m. - 10 p.m.
50 db(A) 10 p.m. - 7 a.m.
2 55 db(A) Anytime
3 60 db(A) Anytime
4 70 db(A) Anytime
(b) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise,
speech,music, or any combination thereof, each of the above noise levels shall be reduced by
five (5) db(A). (2379-8/79,2788-9/85)
8.40.060 Exterior noise levels prohibited. 'It shall be unlawful for any person at any location
within the incorporated area of the City to create any noise, or to allow the creation of any noise .
on property owned, leased, occupied, or otherwise controlled by such person, which causes the
` 1 noise level when measured on any residential,public institutional, professional, commercial or
industrial property, either within or without the City,to exceed the applicable noise standards:
(a) For a cumulative period of more than thirty (30)minutes in any hour;
(b) Plus 5 db(A) for a cumulative period of more than fifteen(15) minutes in any hour;
(c) Plus 10 db(A) for a cumulative period of more than five(5)minutes in any hour;
(d) Plus 15 db(A) for a cumulative period of more than one(1)minute in any hour; or
(e) Plus 20 db(A) for any period of time.
In the event the ambient noise level exceeds any of the first four noise limit categories above,the
cumulative period applicable to said category shall be increased to reflect said ambient noise
level. In the event the ambient noise level exceeds the fifth noise limit category,the maximum
allowable noise level under said category shall be increased to reflect the maximum ambient
noise level. (2379-7n9)
8.40.070 Interior noise standards.
(a) The following noise standards, unless otherwise specifically indicated, shall apply to all real
property within a designated noise zone:
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F
8.40.060(a)-8.40.090(d) Huntington Beach Municipal Code
Interior Noise Standards
r
Noise Zone Noise Level Time Period
1 55 db(A) 7 a.m. A 0 p.m.
45 db(A)_ .10 p.m. -7 a.m.
2, 3, 4 55 db(A) Anytime
(b) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise,
speech, music, or any combination thereof,each of the above noise levels shall be reduced by
five (5) db(A). (2379-7/79,2788-9185)
$ 40 080 Interior levels of noise prohibited. It shall be unlawful for any person at any location
within the incorporated area of the City to create any noise, or to allow the creation of any noise
on property owned, leased, occupied,or otherwise controlled by such person, which causes the
noise level when measured within any other structure on any residential,public institutional,
commercial, or industrial property to exceed:
(a) The noise standard for a cumulative period of more than five minutes in any hour;
(b) The noise standards plus 5 db(A) for a cumulative period of more than one (1)minute in any
hour; or
(c) The noise standard plus 10 db(a)for any period of time.
In the event the ambient noise level exceeds either of the first two noise limit categories above,
the cumulative period applicable to said category shall be increased to reflect said ambient noise
level. In the event the ambient noise level exceeds the third noise level,the maximum allowable
noise level under said category shall be increased to reflect the maximum ambient noise level.
Each of the noise limits specified above shall be reduced by 5 db(A)for impact or predominant
tone noises, or for noises consisting of speech or music.
In the event that the noise source and the affected property are within different noise zones, the
noise standards of the affected property shall apply. (2379-7I79)
8.40.090 Special provisions. The following activities shall be exempt from the provisions of
this chapter:
(a) School bands, school athletics and school entertainment events,provided such events are
conducted on school property or authorized by special permit from the City;
(b) Activities otherwise lawfully conducted in public parks,public playgrounds and public or
private school grounds;
(c) Any mechanical device, apparatus or equipment used,related to or connected with
emergency machinery, vehicle or work;
(d) Noise sources associated with construction, repair,remodeling, or grading of any real
property; provided a permit has been obtained from the City; and provided said activities do
not take place between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday, or at
any time on Sunday or a federal holiday.
12193
Huntington Beach Municipal Code 8.40.090(e)-8.40.095(c)(2)
(e) All mechanical devices, apparatus or equipment which are utilized for the protection or
harvest of agricultural crops during periods of potential or actual frost damage or other
adverse weather conditions;
(f) Mobile noise sources associated with agricultural operations provided such operations do not
take place between the hours of 8 p.m.and 7 a.m. on weekdays, including Saturday, or at any
time on Sunday or a federal holiday.
(g) Mobile noise sources associated with agricultural pest control through pesticide application,
provided that the application is made in accordance with restricted material permits issued by
or regulations enforced by the Agricultural Commissioner;
(h) Noise sources associated with the maintenance of real property provided said activities take
place between the hours of 8 a.m. and 8 p.m. on any day except Sunday or between the hours
of 9 a.m. and 6 p.m. on Sunday or a federal holiday;
(i) Leaf blower shall be governed by section 8.40.095. (3131-4/92)
0) Any activity or equipment to the extent that design regulation thereof has been pre-empted by
state or federal laws. (2379-7179)
8.40.095 Leaf blowers. (3131-4/92)
(a) Definitions. As used in this section, the following terms shall have meanings as set forth
below: (3131-4/92)
(1) "Leaf blower" means any machine,however powered,used to blow leaves, dirt and other
debris off sidewalks, driveways, lawns and other surfaces. (3131-4/92)
(2) "Parcel" means an area of real property with a separate or distinct number or other
designation shown on a plat recorded in the office of the County Recorder. Contiguous
parcels owned by the same individual or entity shall be considered one parcel for
purposes of this section. (3131-4/92)
(b) Unlawful to propel debris beyond parcel boundary. It shall be unlawful for any person to use
or operate any leaf blower in such a manner as to blow, dispel or make airbome, dust, leaves,
grass cuttings, paper,trash or any other type of unattached debris or material, beyond the
parcel boundaries of the parcel being cleaned, unless the consent of the adjoining owner or
person in possession is obtained. It shall be unlawful for any person to use or operate any
leaf blower within the City in such a way as to blow leaves, dirt and other debris onto the
public rights=of-way or private property and to allow such debris to remain therein excess of
thirty (30) minutes. (3131-4/92)
(c) Special prohibitions. It shall be unlawful for any person to operate a leaf blower within a
residential zone or within one hundred feet of a residential zone of the City of Huntington
Beach, except under the following conditions: (3131-4192)
(1) Time restriction. Noise sources associated with the maintenance of real property
provided said activities take place between the hours of 8:00 A.M. and 8:00 P.M. on any
day except Sunday or between the hours of 9:00 A.M. and 6:00 P.M. on Sunday or a
federal holiday. (3131-4/92)
(2) Distance restriction. Leaf blowers shall not be operated within a horizontal distance of
ten (10) feet of any operable window, door, or mechanical air intake opening or duct;
(3131-4/92)
12/93
x
8.40.095(c)(3)-8.40.1 11(k) Huntington Beach Municipal Code J
(3) Duration of use restriction. Leaf blowers shall not be operated for more than fifteen(15)
minutes per hour,per day, on parcels less than one-half acre and no more than thirty(30)
minutes per hour on parcels greater than one-half acre up to one acre. Leaf blowers shall
not be operated for more than two (2) hours on parcels of one acre or more. (3131-4192)
(4) Number restriction. No person shall operate more than one (1) Ieaf blower per parcel on
one-half acre, no mote than two (2) leaf blowers on parcels greater than one-half acre and
no more than three (3) leaf blowers on parcels greater than one acre or more. (3131-4/92)
(5) The maximum decibel level of 70 dba as measured ten (10) feet from the leaf blower
shall not be exceeded. (3131-4/92)
8 44 100 Schools, hospitals and churches--Special provisions. It shall be unlawful for any
person to create any noise which causes the noise level at any school, hospital or church while
same is in use, to exceed the noise limits specified for exterior noise standards in this chapter,or
which noise level unreasonably interferes with the use of such institutions or which unreasonably
disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three(3)
separate locations within one-tenth(1/10) of a mile of the institution indicating the presence of a
school, hospital or church. (2379-7/79)
8.40.110 Air conditioning, refrigeration--Special provisions. During a one (1)year period
following the effective date of this chapter,the noise level standards specified in this chapter
shall be increased by 5 db(A) where the alleged noise source is an air-conditioning apparatus or
refrigeration system,which was installed prior to the effective date of this chapter. _(2379-709) �}
8.40.111 Prohibited noises. Notwithstanding any other provisions of this chapter and in /
addition thereto,"it shall be unlawful for any person to willfully make or continue, or cause to be
made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of
any neighborhood or which causes discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area. (3216-12193)
The standard which may be considered in determining whether a violation of the provisions of
this section exists may include, but not be limited to, the following: (3216-12/93)
(a) The level of the noise; (3216-12/93)
(b) Whether the nature of the noise is usual or unusual; (3216-12193)
(c) Whether the origin of the noise is natural or unnatural; (3216-12/93)
(d) The.level and intensity of the background noise, if any; (3216-12/93)
(e) The proximity of the noise to residential sleeping facilities; (3216-12J93)
(f) The nature and zoning of the area within which the noise emanates; (3216-12/93)
(g) The density of the inhabitation of the area within which the noise emanates; (3216-12/93)
(h) The time of the day and night the noise occurs; (3216-12193)
(i) The duration of the noise; (3216-12J93)
0) Whether the noise is recurrent, intermittent or constant; and (3216-12/93)
(k) Whether the noise is produced by a commercial or noncommercial activity. (3216-12/93)
t - ' 12J93
Huntington Beach Municipal Code 8.40.112(a)-8.40.130
8.40.112 Specific Noises. The following acts and things, among others, are declared to be loud,
disturbing, injurious, unnecessary and unreasonable noises in violation of this chapter, but said
enumerations shall not be deemed to be exclusive: (3216-12/93)
(a) Radios and phonographs. The using, operating or permitting to be played, used or operated
any radio, receiving set,television set, musical instrument, phonograph,juke box or other .
machine or device for producing or reproducing sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume
than is necessary for convenient hearing for the person or persons who are in the room,
vehicle or chamber in which such machine or device is located and operated, and who are
voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine,
or device between the hours of 10 p.m. and 7 a.m. in such manner as to be plainly audible at a
distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of this section. (3216-12/93)
(b) Yelling and shouting. Yelling, shouting, hooting, whistling or singing on the public streets,
particularly between the hours of 10 p.m. and 7 a.m., or at any time or place so as to annoy or
disturb the quiet, comfort or repose of persons in any dwelling,hotel or other type of
residence, or office, or any persons in the vicinity, is hereby declared a nuisance. (3216-12/93)
(c) Maintaining noisy premises. It shall be unlawful for any person who owns, maintains,
controls, operates, has care or custody of, or otherwise provides any public or private
premises, who, being present, allows noise to continue after first being informed by the
Police Department of any of the violations set forth in this chapter. Any person failing to
take immediate action to abate such violations shall be guilty of a MISDEMEANOR. (urg.
2434-5180,2788-9/85,3216-12/93)
8.40.120 Manner of enforcement. Except for Sections 8.40.111 and 8.40.112,the Orange
County Health Officer and his duly authorized representatives are directed to enforce the
provisions of this chapter. The Orange County Health Officer and his duly authorized
representatives are authorized pursuant to Penal Code section 836.5 to arrest any person without
a warrant when they have reasonable cause to believe that such person has committed a
misdemeanor in their presence. (3216-12/93)
If the Orange County Health Officer or his duly authorized representatives conduct db(A)tests or
readings for purposes of enforcement, and the noise level is found to exceed those levels
stipulated as permissible in this chapter, the owner or operator of the noise source shall be
required to pay the cost of the db(A) tests or readings.
No person shall interfere with, oppose or resist any authorized person charged with the
enforcement of this chapter while such person is engaged in the performance of his duty.
(2379-7179,253372/82)
8.40.130 Variance procedure. The owner or operator of a noise source which violates any of
the provisions of this chapter may file an application with the Health Officer for a variance from
the provisions thereof wherein said owner or operator shall set forth all actions taken to comply
with said provisions, the reasons why immediate compliance cannot be achieved, a proposed
method of achieving compliance, and a proposed time schedule for its accomplishment. Said
application shall be accompanied by a fee in the amount of seventy-five dollars ($75).
A separate application shall be filed for each noise source; provided,however, that several
mobile sources under common ownership, or several fixed sources on a single property may be
combined into one application. Upon receipt of said application and fee, the Health Officer shall
refer it with his recommendation thereon in accordance with the provisions of this chapter.
12/93
1, 0
8.40.130-8.40.120 Huntington Beach Municipal Code
An applicant for a variance shall remain subject to prosecution under the terms of this chapter
until a variance is granted. (2379-7/79)
8.40.140 Noise variance board. The noise Variance Board shall evaluate all applications for
variance from the requirements of this chapter and may grant said variances with respect to time
for compliance, subject to such terms,conditions and requirements as it may deem reasonable to
achieve maximum compliance with the provisions of this chapter. Said terms, conditions and
requirements may include, but shall not be limited to, limitations on noise levels and operating
hours. Each such variance shall set forth in detail the approved method of achieving maximum
compliance and a time schedule for its accomplishment.
In its determination said board shall consider the magnitude of nuisance caused by the offensive
noise;the uses of property within the area of impingement by the noise; the time factors related
to study, design, financing and construction of remedial work;the economic factors related to
age and useful life of equipment; and the general public interest and welfare. Any variance
granted by said board shall be by resolution and shall be transmitted to the Health Officer for
enforcement. Any violation of the terms of said variance shall be unlawful.
Members of the Variance Board shall be appointed by, and shall serve at the pleasure of the
Orange County board of supervisors. The Variance Board shall adopt reasonable rules and
regulations for its own procedures in carrying out its functions under the provisions of this
chapter.
Three (3) members shall constitute a quorum and at least three (3) affirmative.votes shall be
required in.support of any action.
The Health Officer, or his appointed representative, shall be a nonvoting ex officio member of
the Variance Board, and shall act as secretary of the board.
Meetings of the noise Variance Board shall be held at the call of the secretary and at such times
and locations as said board shall determine. All such meetings shall be open to the public.
(2379-7n9)
8.40.150 Appeals. Within fifteen(15) days following notice to the City of the decision of the
Variance Board on an application,the applicant,the Health Officer, or any member of the City
Council, may appeal the decision to the City Council by filing a notice of appeal with the
secretary of the Variance Board. In the case of an appeal by the applicant for a variance,the
notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of
the estimated cost of preparing the materials required to be forwarded to the City Council as
discussed hereafter. If the actual cost of such preparation differs from the estimated cost, the
applicant shall pay the difference to the secretary and the secretary shall pay the amount of any
excess to the applicant. (2379-7n9)
8.40.160 Appeals--Notice of hearing. Within fifteen(15) days following the receipt of a notice
of appeal and the appeal fee,the secretary of the Variance Board shall forward to the City
Council copies of the application for variance;the recommendation of the Health Officer; the
notice of appeal; all evidence concerning said application received by the Variance Board and its
decision thereon. In addition, any person may file with the City Council written arguments
supporting or attacking said decision and the City Council may, in its discretion,hear oral
arguments thereon. The City Clerk shall mail to the applicant a notice of the date set for hearing
of the appeal. The notice shall be mailed at least ten(10)days prior to the hearing date. (2379-
7/79)
8.40.170 Action of Council. Within sixty(60) days following its receipt of the notice of the
appeal, the City Council shall either affirm, modify or reverse the decision of the Variance.Board
12/93
Huntington Beach Municipal Code 8.40.170--8.40.180
at a duly noticed public hearing. Such decision shall be based upon the City Council's evaluation
of the matters submitted to it in light of the powers conferred on the Variance Board and the
factors to be considered as set out in this chapter.
As part of its decision, the council may.direct the Variance Board to conduct further proceedings
on said application. Failure of the City Council to affirm, modify or reverse the decision of the
Variance Board within said sixty (60) day period shall constitute affirmation of the board's
decision. (2379-7n9)
8.40.180 Violations--Misdemeanor. Any person violating any of the provisions of this chapter
shall be deemed guilty of a MISDEMEANOR. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be punishable as such. The
provisions of this chapter shall not be construed as permitting conduct not proscribed herein and
shall not affect the enforceability of any other applicable provisions of law. (2379-7/79)
12/93
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective November 14, 2001 )
Please Remove from Please Add to Code
Code
Chapter 12.10 Chapter 12.10
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
Munici aal bode:=�s•�avala�le�eorw'`the Jntern
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 12.10.010--12.10.030
Chapter 12.10
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
(2684-4/84,2813-2/86, 3122-10/91, 3513-11/01)
Sections:
12.10.010 Adoption of standards
12.10.020 Administration
12.10.030 Application
12.10.010 Adoption of standards. There is hereby adopted by the City Council certain
standard specifications known as the Standard Specifications for Public Works Construction, as
most recently published by Building News ("latest edition") and the whole thereof, including all
supplements and amendments, of which standard specifications not less than one (1) copy of the
latest edition has been and is now on file in the Office of the City Clerk of the City of Huntington
Beach. Such standard specifications are hereby adopted and incorporated pursuant to
Government Code Sections 50022.2 et seq. for the purpose of providing just, equitable, objective
and practicable standard specifications whereby administrative procedures, construction
materials, construction methods and requirements shall be established for all public works
construction, and from the date on which this section takes effect, the provisions thereof shall be
controlling within the corporate limits of the City of Huntington Beach. (2684-4/84,2813-2/86,
3122-10/91,3513-11/01)
12.10.020 Administration. The Director of Public Works, or his duly appointed representative,
is hereby authorized and directed to enforce the standard specifications as herein adopted or as
may be amended hereafter from time to time. (2684-4/84)
12.10.030 Application. The provisions of the standard specifications, together with adopted
standard plans of the Department of Public Works, adopted by resolution of the City Council,
shall apply to all existing or new public works construction. Such standard specifications shall
also apply whenever there exists, in the opinion of the Director of Public Works, any condition
which constitutes an active or immediate hazard to life, limb, health, property, safety or the
general welfare of the public. (2684-4/84)
11/01
Huntington Beach Municipal Code 12.10.010-12.10.030
Chapter 12.10
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
(2684-4/84,2813-2/86,3122-10/91)
Sections:
12.10.010 Adoption of standards
12.10.020 Administration
12.10.030 Application
12.10.010 Adoption of standards. There is hereby adopted by the City Council certain
standard specifications known as the Standard Specifications for Public Works Construction,
1991 edition, and the whole thereof, including all supplements and amendments, of which
standard specifications not less than one (1) copy has been and is now on file in the Office of the
City Clerk of the City of Huntington Beach. Such standard specifications are hereby adopted and
incorporated pursuant to Government Code Sections 50022.2 et seq. for the purpose of providing
just, equitable, objective and practicable standard specifications whereby administrative
procedures, construction materials, construction methods and requirements shall be established
for all public works construction, and from the date on which this section takes effect,the
provisions thereof shall be controlling within the corporate limits of the City of Huntington
Beach. (2684-4/84,2813-2/86,3122-10/91)
12.10.020 Administration. The Director of Public Works, or his duly appointed representative,
is hereby authorized and directed to enforce the standard specifications as herein adopted or as
may be amended hereafter from time to time. (2684-4/84)
12.10.030 Application. The provisions of the standard specifications, together with adopted
standard plans of the Department of Public.Works, adopted by resolution of the City Council,
shall apply to all existing or new public works construction. Such standard specifications shall
also apply whenever there exists, in the opinion of the Director of Public Works, any condition
which constitutes an active or immediate hazard to life, limb, health,property, safety or the
general welfare of the public. (2684-4/84)
10/91
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 31 , 2001 )
Please Remove from Code Please Add to Code
Chapter 3.03 Chapter 3.03
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Cali Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
Munrci a-%`�Code�rs �va�lable on the Intern tsc��:f.;: y
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 3.03.010--3.03.060(a)
Chapter 3.03
PROFESSIONAL SERVICES
(2047-5/76,2464-12/80, 2590-1/83,2945-7/88, 3097-4/91, 3375-11/97, 3511-10/01)
Sections:
3.03.010 (Repealed, 3511-10/01)
3.03.020 Definitions
3.03.030 (Repealed, 2590-1/83)
3.03.040 Selection guidelines
3.03.050 (Repealed, 2590-1/83)
3.03.060 Procedure
3.03.070 (Repealed, 2590-1/83)
3.03.080 Exempt and emergency procedures
3.03.090 (Repealed, 3 511-10/01)
3.03.100 Authorization by Department Heads
3.03.110 (Repealed, 3511-10/01)
3.03.120 Existing agreements
3.03.020 Definitions.
(a) "Consultant" means any provider of services under this chapter as an individual,
partnership, corporation or otherwise. (2047-5/76,2590-1/83)
(b) "Director" means the Department Head or his/her designee vested with the authority
to administer the provisions of this chapter with respect to contracting for services.
(2047-5/76,2590-1/83, 3511-10/01)
(c) "Professional Services" means those services, which involve the exercise of professional
discretion and independent judgment based on an advanced or specialized knowledge,
expertise or training gained by formal studies or experience or services which are not readily
or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code
Section 3.02. Such services shall include but not be limited to those services provided by
appraisers, architects, attorneys, engineers, instructors, insurance advisors,physicians and
other specialized consultants. (2047-5/76,2590-1/83, 3375-11/97, 3511-10/01)
3.03.040 Selection guidelines. In all cases, the final selection of a consultant shall include
consideration of the following factors:
(a) Actual capability to complete the project in conformance with the specifications,
conditions and other requirements of the City of Huntington Beach;
(b) Demonstrated ability to prepare professional, accurate and timely-finished products
irrespective of unusual or difficult circumstances.
(c) A reasonable contract price in relation to the size, quality and time restraints of the proposed
project with due consideration of competitive proposals. (2047-5/76)
3.03.060 Procedure. The procedure for the contracting of services is as follows:
(a) The Director of the department primarily responsible for the particular project shall prepare a
written statement defining the necessity and scope of the project, and submit it to the City
Administrator. Upon approval by the City Administrator, the Director shall prepare a written
statement of the specifications, conditions and other requirements for the requested services
and provide a copy to consultants who may wish to perform the service.
10/01
3.03.060(b)--3.03.100 Huntington Beach Municipal Code
(b) Except in extraordinary circumstances, the Director, or his designee, shall request informal
written proposals from not less than three (3) available qualified consultants. He shall
thereafter conduct discussions with them regarding the project if such discussions are J
indicated by the complexity of the project, and based upon the selection guidelines
established in section 3.03.040 and the criteria established by him, select the consultant from
the responsible proposals submitted to him, deemed to be the most highly qualified to
provide the services required.
(c) If the procurement has been budgeted, contractual agreement shall be negotiated with the
consultant subject to final approval as to form by the City Attorney, and as to content by the
City Administrator. (3375-11/97,3511-10/01)
(d) If the procurement has not been budgeted, then the Director shall prepare a request for
appropriation for the City Administrator to submit to the City Council in the usual prescribed
manner.
(e) The City Attorney shall counsel and advise City officials in the implementation of this
chapter. (2047-5/76, 2590-1/83)
3.03.080 Exempt and emergency procedures. The need for certain budgeted and emergency
and exempted procurements are recognized.
(a) An emergency shall be deemed to exist if.
1. There is a great public calamity; (3511-10/01)
2. There is immediate need to prepare for national or local defense; (3511-10/01)
3. There is a breakdown in machinery or an essential service which requires the immediate
attention of a professional in order to protect the public health, safety or welfare; (3511-
10/01)
4. An essential, departmental operation affecting the public health, safety or welfare would
be greatly hampered if the prescribed procedure would cause an undue delay in the
procurement of the needed services. (2047-5/76, 3511-10/01)
In the case of an emergency which requires the immediate retention of a professional consultant,
the City Administrator may authorize the Department Director to secure by the open-market
procedure, at the lowest obtainable price consistent with professional standards, any professional
service regardless of the amount of the expenditure. (3511-10/01)
(b) Other interagency Agreements. Procurements utilizing contractual agreements maintained by
other public agencies for the provision of professional services to such agencies are exempt
from the requirements of this chapter except that the provisions of Section 3.03.060(c) shall
apply in every case and so long as such other agency complied with its own professional
services contract requirements as approved by the Department Director. (3375-11/97, 3511-
10/01)
3.03.100 Authorization by Department Directors. The Director of any department for which
such services are required may contract directly for any professional services when procurement
of such services has been budgeted and there are sufficient unencumbered appropriated funds
available, or wherein the cost of which will be fully paid or reimbursed to the City. The annual
budget for the fiscal year in which the agreement is entered into shall provide a general
description of the work to be performed. (2047-5/76,2945-7/88, 3375-11/97,3511-10/01)
10/01
Huntington Beach Municipal Code 3.03.100--3.03.120
A complete copy of the executed agreement and the names of the consultants who submitted
proposals shall be forwarded to the City Clerk. (3511-10/01)
3.03.120 Existing agreements. The terms and conditions of any existing professional services
agreement may be modified so as to increase or decrease the term, compensation, scope of work
or otherwise, by mutual agreement of the City and the consultant selected. However, at no time
shall an agreement be amended to extend an agreement beyond three years from receipt of the
original request for proposals without compliance with the bid procedure established by
Huntington Beach Municipal Code section 3.03.060. (2390-9/79, 3511-10/01)
10/01
Huntington Beach Municipal Code 3.03.010-3.03.060(a)
Chapter 3.03
PROFESSIONAL SERVICES
(2047-5/76, 2464-12/80, 2590-1/83, 2945-7/88, 3097-4/91, 3375-11/97)
Sections:
3.03.010 Purpose
3.03.020 Definitions
3.03.030 (Repealed, 2590-1/83)
3.03.040 Selection guidelines
3.03.050 (Repealed, 2590-1/83)
3.03.060 Procedure
3.03.070 (Repealed, 2590-1/83)
3.03.080 Exempt and emergency procedures
3.03.090 Authorization by City Administrator
3.03.100 Authorization by Department Heads
3.03.110 Exemptions for private funding
3.03.120 Existing agreements
3.03.010 Purpose. This chapter is adopted in order to provide a uniform procedure for
contracting for certain services by the City of Huntington Beach. (2047-5/76, 2590-1/83)
3.03.020 Definitions.
(a) "Consultant" means any provider of services under this chapter as an individual,
partnership, corporation or otherwise. (2047-5/76, 2590-1/83)
(b) "Director" means the Department Head or his authorized representative vested with
the authority to administer the provisions of this chapter with respect to contracting
for services. (2047-5/76, 2590-1/83)
(c) "Services" means those services which require a special skill or expertise or services which are
not readily or efficiently procured by competitive bidding. Services shall include but not be
limited to the following: Those services by independent contractors such as legal, data
processing, programming, planning, environmental, economic, financial, testing, temporary
employee services, management consultants, personnel consultants, accounting, surveying,
landscape architecture, advertising, design, engineers, architects. (2047-5/76, 2590-1/83,
3375-11/97)
3.03.040 Selection guidelines. 1n all cases, the final selection of a consultant shall include
consideration of the following factors:
(a) Actual capability to complete the project in conformance with the specifications,
conditions and other requirements of the City of Huntington Beach;
(b) Demonstrated ability to prepare professional, accurate and timely-finished products
irrespective of unusual or difficult circumstances.
(c) A reasonable contract price in relation to the size, quality and time restraints of the proposed
project with due consideration of competitive proposals. (2047-5/76)
3.03.060 Procedure. The procedure for the contracting of services is as follows:
(a) The Director of the department primarily responsible for the particular project shall prepare a
written statement defining the necessity and scope of the project, and submit it to the City
Administrator. Upon approval by the City Administrator, the Director shall prepare a written
statement of the specifications, conditions and other requirements for the requested services
and provide a copy to consultants who may wish to perform the service.
11/97
3.03.060(b)-3.03.110 Huntington Beach Municipal Code
(b) Except in extraordinary circumstances, the Director, or his designee, shall request informal �-
written proposals from not less than three (3) available qualified consultants. He shall
thereafter conduct discussions with them regarding the project if such discussions are
indicated by the complexity of the project, and based upon the selection guidelines established
in section 3.03.040 and the criteria established by him, select the consultant from the
responsible proposals submitted to him, deemed to be the most highly qualified to provide the
services required.
(c) If the procurement has been budgeted, contractual agreement shall be negotiated with the
consultant subject to final approval as to form by the City Attorney, and as to content by the
City Administrator. The final agreement, if over$20,000, shall be approved by the City
Council. (3375-11/97)
(d) If the procurement has not been budgeted, then the Director shall prepare a request for
appropriation for the City Administrator to submit to the City Council in the usual prescribed
manner.
(e) The City Attorney shall counsel and advise City officials in the implementation of this chapter.
(2047-5/76, 2590-1/83)
3.03.080 Exempt and emergency procedures. The need for certain budgeted and emergency
and exempted procurements are recognized. An emergency shall be deemed to exist if:
(a) There is a great public calamity;
(b) There is immediate need to prepare for national or local defense;
(c) There is a breakdown in machinery or an essential service which requires the immediate
attention of a professional in order to protect the public health, safety or welfare;
(d) An essential, departmental operation affecting the public health, safety or welfare would be
greatly hampered if the prescribed procedure would cause an undue delay in the procurement
of the needed services. (2047-5/76)
(e) Other public agency contract agreements. Procurements utilizing contractual agreements
maintained by other public agencies for the provision of professional services to such agencies
are exempt from the requirements of this chapter except that the provisions of Section
3.03.060(c) shall apply in every case and so long as such other agency complied with its own
professional services contract requirements as approved by the City Administrator.
(3375-11/97)
3.03.090 Authorization by City Administrator. In the case of an emergency which requires
the immediate retention of a professional consultant, the City Administrator may,authorize.the
Department Director to secure by the open-market procedure, at the lowest obtainable price
consistent with professional standards, any professional service regardless of the amount of the
expenditure. A full report of the circumstances of all emergency purchases shall be filed with the
City Council by the City Administrator and shall be entered in the minutes of said Council.
(2047-5/76, 2464-12/80, 2590-1/83)
3.03.100 Authorization by Department Heads.- The head of any department for which such
services are required may, with the approval of the City Administrator, contract directly for any
professional services in the amount of Twenty Thousand Dollars ($20,000.00) or less, when
procurement of such services has been budgeted. (2047-5/76, 2945-7/88, 3375-11/97)
3.03.110 Exemptions for private funding. Exempted from the provisions in this chapter are
those services which would not involve the expenditure of City funds and will be financed through
fees and other private funding. The City Administrator shall have the authority to enter into
1,ry7
Huntington Beach Municipal Code 3.03.110-3.03.120
contracts financed by such private funding, provided that the general fund of the City is not
obligated by the contract. The City Administrator shall also have the authority to enter into
contracts which bind the City and are financed by such private funding,provided that the services
are included within a budget approved by the City Council. (2047-5/76, 3097-4/91)
3.03.120 Existing agreements. The terms and conditions of any existing professional services
agreement may be modified so as to increase or decrease the term, compensation or otherwise, by
mutual agreement of the City and the consultant selected. (2990-9/79)
11/97
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 31 , 2001 )
Please Remove from Code Please Add to Code
Chapter 7.12 Chapter 7.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
unrcr alr Code- ava ble�? rs ila :ion the.F_:lratern:e� x,
http://www.ci.huntington-beach.ca.us
or
http:J/www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 7.12.010-7.12.020(a)(5)
Chapter 7.12
MISCELLANEOUS ANIMAL CARE AND CONTROL
(27-11/09, 66-9/10, 885-2/62, 1279-2/67, 1352-11/67, 1835-5/73,1857-8/73, 1905-4/74, 1910-6/74,2067-5/76, Urg.
2084-6/76, 2095-9/76,2547-5/82,2936-4/88,3169-9/92,3508-10/01)
Sections:
7.12.010 Bees
7.12.020 Running at large prohibited
7.12.030 Animal premises kept clean
7.12.040 Keeping animals near inhabited structures
7.12.050 Animals prohibited in food-handling premises
7.12.060 Dead--Carcass disposal
7.12.070 Noisy animals
7.12.080 Goats
7.12.090 Horses
7.12.100 Cattle and hogs
7.12.110 Fowl and rabbits--At large
7.12.120 Fowl and rabbits--Keeping restrictions
7.12.130 Fowl--Number permitted
7.12.140 Monkeys and chimpanzees to be secured
7.12.150 Kennels
7.12.160 Residential Animal Permit
7.12.170 Dogs --Number Permitted --Dog Park
7.12.290 Enforcement
7.12.300 Penalty
7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained,
upon premises owned or controlled by him in the City, any hive bees within two hundred(200)
feet of any dwelling house of the owner or person in control of such bees. This section shall not
apply to the keeping of bees within an educational institution for study or observation, or within
a physician's office or laboratory for medical research, treatment, or other scientific purposes,
provided they are not permitted to fly at large. (885-2/62, 1279-2/67, 1905-4/74, Urg 2067-5/76,2095-9/76)
7.12.020 Running at large prohibited.
(a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat,
cat or any animal of a species commonly referred to as wild shall:
(1) Permit such animal to run at large in the City;
(2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane,
alley, park, or other public place;
(3) Tie, stake,pasture or permit the tying, staking or pasturing of any such animal upon any
private property within the limits of the City, without the consent of the owner or
occupant of such property, or in such a way as to permit any animal to trespass upon any
street or public place or upon any such private property;
(4) Permit any of said animals to be or remain during the nighttime secured by a stake, or
secured in any manner other than by enclosing such animal in a pen, corral or barn
sufficient and adequate to restrain such animal, or by securely fastening such animal by
means of a rope, or chain of sufficient size, strength, and weight to effectively restrain
such animal; or
(5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or
otherwise.
10/01
7.12.020(b)--7.12.090(a) Huntington Beach Municipal Code
(b) No person owning or having charge, custody, control or possession of any animal or reptile
known by such person to be vicious or dangerous, or commonly so known, or owning or
having charge, custody, or possession of any elephant,bear, hippopotamus, rhinoceros, lion, 1
tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah or any
animal of a species commonly referred to as wild or any poisonous reptile, shall permit or
allow the same to be at large upon any highway, street, lane, alley, court or other public place
or upon any private property other than within the enclosed premises of such person.
(1279-2/67, 1352-11/67, 1835-5/73, 1905-4/74, 1910-6/74, Urg.2084-6/76)
7.12.030 Animal premises kept clean. Every person owning or occupying premises where any
animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop,building or place in
which the animal is kept in a clean and sanitary condition. (885-2/62, 1279-2/67, Urg.2084-6/76)
7.12.040 Keeping animals near inhabited structures. No person shall keep any animal, fowl
or bird, wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family,within
fifty(50) feet of any inhabited structure, school or hospital provided, however, that when any
person keeps more than four(4) birds of the psittacinae family, he shall keep such birds at least
thirty-five (35) feet from any of said structures. (885-2/62, 1279-2/67, 1905-4/74, Urg.2084-6/76)
7.12.050 Animals prohibited in food-handling premises. No person shall bring any dog, cat
or other live animal, or permit any dog, cat or other live animal to be brought into or to remain in
any room or place, other than a private home where food is not handled for commercial purposes,
in which meat, fish, game, poultry, fruit, vegetables,bakery goods or any other food or food
product is stored, kept, held, prepared, exposed or offered for sale, or sold for human
consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any
wagon, or other vehicle in which any such articles offered or to be offered for sale for human
consumption are being kept or transported; provided, however, that the provisions of this section
shall not apply to a dog trained to guide the blind. (1279-2/67, 1905-4/74,2095-9/76 Urg.2084-6/76) r1
i
7.12.060 Dead--Carcass disposal. It is declared to be a nuisance and no person shall cause,
suffer or permit the carcass of any animal to remain upon any lot,premises or place owned,
controlled or occupied by him or it for a period of more than twenty-four(24) hours, or to bury
the carcass of any animal upon the premises owned, controlled or occupied by him or it in the
City. (885-2/62, 1279-2/67, Urg.2084-6/76)
7.12.070 Noisy animals. It is a nuisance, and no person shall keep, maintain or permit upon any
lot or parcel of land within the City under his control, any animal or animals, including any fowl,
which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by
an entire community or neighborhood, or by any considerable number of persons. (1279-2/67, .
1905-4/74, Urg.2084-6/76)
7.12.080 Goats.
(a) It is a nuisance and no person shall keep or maintain any goat within fifty(50) feet of any
dwelling house other than that occupied by him or it, or more than two (2) goats within one
hundred (100) feet of any dwelling house other than that occupied by him or it, or more than
four(4) goats within three hundred (300) feet of any dwelling house other than that occupied
by him or it, or more than five (5) goats within one thousand(1000) feet of any dwelling
house other than that occupied by him or it.
(b) No person shall keep or maintain any male goat exceeding the age of six (6)months within
the limits of the City. (885-2/62, 1279-2/67, 1905-4/74, Urg.2084-6/76)
7.12.090 Horses.
(a) It is declared to be a nuisance and no person shall stable or corral any horse or horses within
fifty(50) feet of any street line.
9/92
Huntington Beach Municipal Code 7.12.090(b)--7.12.150(a)
(b)It is declared to be a nuisance and no person shall stable or corral any horse or mule within
fifty (50) feet of any dwelling house other than occupied by him or them, or to stable more
than two horses or mules within one hundred (100) feet of any dwelling house other than that
occupied by him or them.
(c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or
donkeys, within one hundred (100) feet of any dwelling house other than that occupied by
him or it.
(d) Street line. For the purposes of this chapter, "street line" means the nearest edge of any
sidewalk and, if there is no sidewalk, the nearest edge of any curb, and if there is no sidewalk
or curb, the nearest edge of the improved portion of the public right-of-way. (885-2/62,
1279-2/67, 1352-11/67, 1905-4/74, Urg. 2084-6/76)
7.12.100 Cattle and hogs. It is a nuisance and no person shall keep or maintain in the City
cattle or hogs at or upon premises owned, occupied or controlled by him within three hundred
(300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within
three hundred(300) feet of any school or hospital, or within one hundred (100) feet of any street
line, except as otherwise provided in this Chapter. (66-9/10,885-2/62, 1279-2/67, 1835-5/73, 1905-4/74,
Urg.2084-6/76,3169-9/92)
7.12.110 Fowl and rabbits--At large. It is a nuisance and no person shall suffer or permit any
chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits,
owned or controlled by him or it, to run or fly at large or go upon the premises of any other
person in the City. (27-11/09,885-2/62, 1279-2/67, 1905-4/74, 1835-5/73, Urg.2084-6/76)
7.12.120 Fowl and rabbits--Keeping restrictions. It is a nuisance and no person shall keep
chickens, geese, ducks, turkeys,pheasants, doves, pigeons, squabs or similar fowl or rabbits,
owned or controlled by him or it, within fifty (50) feet of any street line or within twenty (20)
feet of any property line, or within one hundred (100) feet of any dwelling house or structure
used as a dwelling, church, school, hospital or place where food products are kept, stored,
manufactured or served to the public, unless such house or structure be occupied by him or it, or
to keep any rooster over four(4) months old in the City limits. (27-11/09, 66-9/10,885-2/62,
1279-2/67, 1835-5/73, 1905-4/74, Urg.2084-6/76)
7.12.130 Fowl--Number permitted. No person shall keep or maintain in the City more than ten
(10) in all of chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl;
and keeping or maintaining more than ten (10) fowl shall be presumptive evidence of a public
nuisance. The presumption created by this section is a rebuttable presumption affecting the
burden of proof. (66-9/10,885-2/62, 1279-2/67, 1905-4/74, Urg.2084-6/76)
7.12.140 Monkeys and chimpanzees to be secured.
(a) No person owning or having control of any monkey, ape, chimpanzee or other animal of the
monkey type, shall permit, allow or suffer such animal to run at large within the City or
permit, allow or suffer such animal to be or go upon any street or public place within the City
without having such animal securely fastened by an adequate chain or rope, firmly held by or
attached to a competent person.
(b) Such animal shall be deemed and considered as running at large, within the meaning of the
expression as herein used, when not confined in an enclosure or when not securely tied or
chained. (885-2/62, 1279-2/67, 1352-11/67, 1835-5/73, 1857-8/73, 1905-4/74, Urg.2084-6/76)
7.12.150 Kennels.
(a) "Kennel" means any property where four(4) or more dogs, or four(4) or more cats, over the
age of four(4) months, are kept or maintained for any purpose, except veterinary clinics and
hospitals.
9/92
7.12.150(b)--7.12.300 Huntington Beach Municipal Code
(b)No person shall keep or maintain, or suffer or permit to be kept or maintained,upon premises
owned or controlled by him in the City, any kennel within two hundred(200) feet of any
dwelling house except the dwelling house of the person in control of such kennel. }
(c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for
financial gain shall obtain a business license pursuant to Title 5 of this code. (1279-2/67,
1905-4/74,2095-9/76)
7.12.160 Residential Animal Permit.
(a) A residential animal permit shall be required for the keeping of one goose, rabbit, miniature
pot-bellied pig, or duck subject to the review and approval of the Director of Community
Development. "Miniature pot-bellied pig" means any pig weighing not more than 125
pounds that is continuously registered with a nationally recognized miniature pig association.
All miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or
neutered; proof of sterilization shall be presented to the Director of Community Development
prior to the issuance of a residential animal permit. (2936-4188,3169-9192)
(b) At the time the application is made for a residential animal permit, the applicant shall pay a
fee established by resolution of the City Council. (2936-4/88)
(c) Premises shall be kept clean and free of all matter which may create odors or attract rodents.
(2936-4/88)
(d) The animal shall comply with all applicable sections of Chapter 8.40, Noise Control of the
Municipal Code. (2936-4/88)
(e) The Director of Community Development may impose conditions of approval in addition to
the above. (2936-4/88)
(f) The applicant shall be required to sign an affidavit that he/she understands all of the
conditions of approval for the residential animal permit at the time the permit is issued.
(2936-4/88)
(g) Any authorized City employee may inspect the premises for which an application has been
granted for a residential animal permit. (2936-4/88)
(h) A violation of any of the above conditions of approval shall be cause for revocation of the
residential animal permit. (2936-4/88)
(i) Prior to issuance of a residential animal permit, notices shall be sent to all abutting property
owners and tenants notifying them of the pending application for said permit. (2936-4/88)
7.12.170 Dogs—Number Permitted—Dog Park.
No person having control of more than three dogs simultaneously shall permit or allow such to be or go
upon the area dedicated exclusively by the Huntington Beach Central Park Master Plan for use by dog
owners with pets, commonly known as Dog Park. (3508-10/01)
7.12.290 Enforcement. The Community Development Director and his designees are hereby
authorized and directed to enforce the provisions of this chapter. (2547-5/82)
7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon
conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100).
(2095-9/76)
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Huntington Beach Municipal Code 7.12.010-7.12.020(a)(4)
Chapter 7.12
MISCELLANEOUS ANIMAL CARE AND CONTROL
(27-11/09,66-9/10,885-2/62,1279-2/67,1352-11/67,1835-5R3,1857-8l73,1905-4174,1910-6r/4,2067-5r76,Urg.2084-6f76,
2095-9r76,2547-5/82,2936-4188,3169-9192)
Sections:
7.12.010 Bees
7.12.020 Running at large prohibited
7.12.030 Animal premises kept clean
7.12.040 Keeping animals near inhabited structures
7.12.050 Animals prohibited in food-handling premises
7.12.060 Dead--Carcass disposal
7.12.070 Noisy animals
7.12.090 Goats
7.12.090 Horses
7.12.100 Cattle and hogs
7.12.110 Fowl and rabbits--At large
7.12.120 Fowl and rabbits--Keeping restrictions
7.12.130 Fowl--Number permitted
7.12.140 Monkeys and chimpanzees to be secured
7.12.150 Kennels
7.12.160 Residential Animal Permit
7.12.290 Enforcement
7.12.300 Penalty
7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained,
upon premises owned or controlled by him in the City, any hive bees within two hundred (200)
feet of any dwelling house of the owner or person in control of such bees. This section shall not
apply to the keeping of bees within an educational institution for study or observation, or within a
physician's office or laboratory for medical research, treatment, or other scientific purposes,
provided they are not permitted to fly at large. (885-2/62,1279-2167,1905-4174,Urg 2067-5n6,2095-9n6)
7.12.020 Running at large prohibited.
(a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat,
cat or any animal of a species commonly referred to as wild shall:
(1)Permit such animal to run at large in the City;,
(2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane,
alley, park, or other public place;
(3) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any
private property within the limits of the City, without the consent of the owner or
occupant of such property, or in such a way as to permit any animal to trespass upon any
street or public place or upon any such private property;
(4) Permit any of said animals to be or remain during the nighttime secured by a stake, or
secured in any manner other than by enclosing such animal in a pen, corral or barn
sufficient and adequate to restrain such animal, or by securely fastening such animal by
means of a rope, or chain of sufficient size, strength, and weight to effectively restrain
such animal; or
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7.12.020(a)(5)--7.12.080(b) Huntington Beach Municipal Code
(5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or
otherwise.
(b) No person owning or having charge, custody, control or possession of any animal or
reptile known by such person to be vicious or dangerous, or commonly so known, .or
owning or having charge, custody, or possession of any elephant, bear, hippopotamus,
rhinoceros,,lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat,
puma, cheetah or any animal of a species commonly referred to as wild or any poisonous
reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley,
court or other public place or upon any private property other than within the enclosed
premises of such person. (1279-2J67,1352-11/67,1835-5f73,1905-4fl4,1910-6r14,Urg.2084-6/76)
7.12.030 Animal premises kept clean. Every person owning or occupying premises where any
animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which
the animal is kept in a clean and sanitary condition. (885-2/62,1279-2167.Urg.2084-6f76)
7.12.040 Keeping animals near inhabited structures. No person shall keep any animal, fowl
or bird, wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family, within
fifty (50) feet of any inhabited structure, school or hospital provided, however, that when any
person keeps more than four(4) birds of the psittacinae family, he shall keep such birds at least
thirty-five (35) feet from any of said structures. (885-2/62,1279-2/67,1905-4f74,Urg.208"/76)
7.12.050 Animals prohibited in food-handling premises. No person shall bring any dog, cat
or other live animal, or permit any dog, cat or other live animal to be brought into or to remain in
any room or place, other than a private home where food is not handled for commercial purposes,
in which meat, fish, game, poultry, fruit, vegetables, bakery goods or any other food or food
product is stored, kept; field, prepared, exposed or offered for sale, or sold for human
consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any
wagon, or other vehicle in which any such articles offered or to be offered for sale for human
consumption are being kept or transported; provided, however, that the provisions of this section
shall not apply to a dog trained to guide the blind. (1279-2167,1905-4r74,2095-9/76 Urg.2084-6/76)
7.12.060 Dead--Carcass disposal. It is declared to be a nuisance and no person shall cause,
suffer or permit the carcass of any animal to remain upon any lot, premises or place owned,
controlled or occupied by him or it for a period of more than twenty-four (24) hours, or to bury
the carcass of any animal upon the premises owned, controlled or occupied by him or it in the
City. (885-2/62, 1279-2/67,Urg.2084-6/76)
7.12.070 Noisy animals. It is a nuisance, and no person shall keep, maintain or permit upon any
lot or parcel of land within the City under,his control, any animal or animals, including any fowl,
which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by an
entire conirriuriity or neighborhood, or by any considerable number of persons. (1279-2i67,1905-4rt4,
Urg.2084-6n6)
7.12.080 Goats.
(a) It is a nuisance and no person shall keep or maintain any goat within fifty (50) feet of any
dwelling house other than that occupied by him or it, or more than two (2) goats within one
hundred (100) feet of any dwelling house other than that occupied by him or it, or more than
four (4) goats within three hundred (300) feet of any dwelling house other than that occupied n
by him or it, or more than five (5) goats within one thousand (1000) feet of any dwelling 1
house other than that occupied by him or it.
(b) No person shall keep or maintain any male goat exceeding the age of six (6) months within the
limits of the City. (685-2/62,1279-v67,1905-4f74,Urg.2084-6/76)
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Huntington Beach Municipal Code 7.12.090-7.12.140(a)
7.12.090 Horses.
(a) It is declared to be a nuisance and no person shall stable or corral any horse or horses within
fifty (50) feet of any street line.
(b) It is declared to be a nuisance and no person shall stable or corral any horse or mule within
fifty (50) feet of,any dwelling house other than occupied by him or them, or to stable more
than two horses or mules within one hundred (100) feet of any dwelling house other than that,
occupied by him or them.
(c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or
donkeys, within one hundred (100) feet of any dwelling house other than that occupied by him
or it.
(d) Street line. For the purposes of this chapter, "street line" means the nearest edge of any
sidewalk and, if there is no sidewalk, the nearest edge of any curb, and if there is no sidewalk
or curb, the nearest edge of the improved portion of the public right-of-way. (885-2/62,
1279-2/67,1352-11/67,1905-4/74,Urg. 2084-6/76)
7.12.100 Cattle and hops. It is a nuisance and no person shall keep or maintain in the City cattle
or hogs at or upon premises owned, occupied or controlled by him within three hundred (306)
feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three
hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line,
except as otherwise provided in this Chapter. (66-9/10, 885-2/62, 1279-2/67, 1835-5/73, 1905-4174,
Urg. 2084-6/76, 3169-9/92)
732.110 Fowl and rabbits--At.large. It is a nuisance and no person shall suffer.or permit any
chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits,
owned or controlled by him or it, to run or fly at large or go upon the premises of any other
person in the City. (27-11/09,885-2/62,1279-2/67,1905-4f74,1835-5f73,Urg.2084-6/76)
7.12.120 Fowl and rabbits--Keeping restrictions. It is a nuisance and no person shall keep
chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits,
owned or controlled by him or it, within fifty (50) feet of any street line or within twenty (20) feet
of any property line, or within one hundred (100) feet of any dwelling house or structure used as a
dwelling, church, school, hospital or place where food products are kept, stored, manufactured or
served to the public, unless such house or structure be occupied by him or it, or to keep any
rooster over four (4) months old in the City limits. (27-11/09,66-9/10,885-2/62,1279-2/67,1835-5f73,1905-4/74,
Urg.2084-6f76)
7.12.130 Fowl--Number permitted. No person shall keep or maintain in the City more than ten
(10) in all of chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl;
and keeping or maintaining more than ten (10) fowl shall be presumptive evidence of a public .
nuisance. The presumption created by this section is a rebuttable presumption affecting the
burden of proof. (66-9/10,885-2/62,1279-2/67,1905-4/74,Urg.2084-6f76)
7.12.140 Monkeys and chimpanzees to be secured.
(a) No person owning or having control of any monkey, ape, chimpanzee or other animal of the
monkey type, shall permit, allow or suffer such animal to run at large within the City or
permit, allow or suffer such animal to be or go upon any street or public place within the City
without having such animal securely fastened by an adequate chain or rope, firmly held by or
attached to a competent person.
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7.12.140(b)-7.12.300 Huntington Beach Municipal Code
(b)_Such animal shall be deemed and considered as running at large, within the meaning of the
expression as herein used, when not confined in an enclosure or when not securely tied or
chained. (885-2/62,1279-2/67,1352-11/67,1835-5r73,1857-8/73,1905-4174,Urg.2084-6/76)
7.12.150 Kennels.
(a) "Kennel" means any property where four(4) or more dogs, or four(4) or more cats, over the
age of four(4) months, ace kept or maintained for any purpose, except veterinary clinics and
hospitals.
(b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises
owned or controlled by him in the City, any kennel within two hundred (200)feet of any
dwelling house except the dwelling house of the person in control of such kennel.
(c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for
financial gain shall obtain a business license pursuant to Title 5 of this code. (1279-2/67, 1905-4ri4,
2095-9/76)
7.12.160 Residential Animal Permit.
(a) A residential animal permit shall be required for the keeping of one goose, rabbit, miniature
pot-bellied pig, or duck subject to the review and approval of the Director of Community
Development. "Miniature pot-bellied pig" means any pig weighing not more than 125 pounds
that is continuously registered with a nationally recognized miniature pig association. All
miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or
neutered; proof of sterilization shall be presented to the Director of Community Development
prior to the issuance of a residential animal permit. '(2936-4/88, 3169-9/92)
(b) At the time the application is made for a residential animal permit, the applicant shall pay a fee
established by resolution of the City Council. (2936-4/88)
(c) Premises shall be kept clean and free of all matter which may create odors or attract rodents.
(2936-4/88)
(d) The animal shall comply with all applicable sections of Chapter 8.40, Noise Control of the
Municipal Code. (2936-4/88) .
(e) The Director of Community Development may impose conditions of approval in addition to
the above. (2936-4/88)
(f) The applicant shall be required to sign an affidavit that he/she understands all of the conditions
of approval for the residential animal permit at the time the permit is issued. (2936-4/88)
(g) Any authorized City employee may inspect the premises for which an application has been
granted for a residential animal permit. (2936-4188)
(h) A violation of any of the above conditions of approval shall be cause for revocation of the
residential animal permit. (2936-4/88)
(i) Prior to issuance of a residential animal permit, notices shall be sent to all abutting property
owners and tenants notifying them of the pending application for said permit. (2936-4/88)
7.12.290 Enforcement. The Community Development Director and his designees are hereby
authorized and directed to enforce the provisions of this chapter. (2547-5/82)
7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon
conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100).(2095-9/76)
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HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 31 , 2001 )
Please Remove from Code Please Add to Code
Chapter 8.36 Chapter 8.36
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
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http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 8.36.010--8.36.020
Chapter 8.36
RUBBISH
(1668-9/71,2217-10/77,3084-12/90,3509-10/01)
Sections:
8.36.010 Accumulation—Prohibited
8.36.015 Standards for vacant real property.
8.36.020 Accumulation--Nuisance
8.36.030 Removal--Notice--Compliance
8.36.040 Removal--Notice--Service
8.36.050 Removal--Delinquency--Hearing
8.36.060 Abatement by city--Work order
8.36.070 Extension of time
8.36.080 Abatement by city--Records kept
8.36.090 Abatement by city--Records filed
8.36.100 Abatement by city--Costs become lien
8.36.110 Criminal prosecution
8.36.120 Permitting nuisance--Misdemeanor
8.36.130 Placing Commercial Handbills on Vehicles
8.36.140 Distribution on Uninhabited or Vacant Private Premises
8.36.150 Manner of Distribution
8.36:160 City Abatement--Handbills & Flyers
8.36.170 Presumptions
8.36.010 Accumulation--Prohibited. Every owner and occupant of real property shall keep
said property free of any accumulation of trash,junk, debris, rubbish or refuse. (1668-9/71)
8.36.015 Standards for vacant real property. (3509-10/01)
(a) Order of the Planning Director. When deemed necessary by the Planning Director in order to
maintain the safety of persons or property, the following standards may also be imposed upon
vacant real property: (3509-10/01)
(1) Access points. All windows, doors, and other open access features to the structures on
the real property shall be boarded up and secured to prohibit entry; and/or (3509-10/01)
(2) Fencing. The property shall be fenced on all sides with a properly permitted chain link
fence or other type of secure fencing at a minimum height of 6 feet from grade, or greater,
and as or greater, and as determined by the Planning Director. The fence shall be
properly posted with no trespassing signs, and kept clear of all other signs, except
lawfully installed real estate signs for the lease or sale of the property and signs
identifying ownership of the property or fencing. (3509-10/01)
(b) Compliance responsibility. Compliance with the standards contained in this section shall be
at the sole cost of the responsible party for the vacant real property and shall not limit the
remedies or recovery of costs for the abatement of any vacant real property found to be in
violation of this Code. (3509-10/01)
(c) Failure to obey order—Misdemeanor. Every occupant and owner of real property who fails
to obey an order as generally outlined in this section is guilty of a MISDEMEANOR with
respect to each day the occupant fails to obey the order. (3509-10/01)
8.36.020 Accumulation--Nuisance. Any accumulation of trash,junk, debris, rubbish or refuse
on any real property in this city, unless otherwise permitted by law, is declared to be a nuisance.
(1668-9/71)
10/01
Huntington Beach Municipal Code 8.36.120--8.36.170
8.36.120 Permitting nuisance--Misdemeanor. Every occupant and owner of real property who
maintains, allows or permits any nuisance defined in this chapter after notice to abate as provided
in this chapter, is guilty of a separate MISDEMEANOR with respect to each day that the
nuisance continues, after said notice on each lot or parcel on which the nuisance shall exist.
(1668-9/71)
8.36.130 Placing Commercial Handbills on Vehicles. No person shall affix to any vehicle, or
cause to be affixed to any vehicle, any notice,paper, placard,bill, poster, card, sticker,banner,
sign, advertisement, or other device designed to attract the attention of the public for the purpose
of advertising any merchandise, commodity, property,business, service, act or skill offered, sold
or rendered for hire, reward, price, trade or profit. (3084-12/90)
8.36.140 Distribution on Uninhabited or Vacant Private Premises. It is unlawful for any
person to distribute, deposit,place, throw, scatter or cast any handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant. (3084-12/90)
8.36.150 Manner of Distribution. No person shall distribute in or upon any private property
any advertising matter except in the following manner: (3084-12/90)
(a) By placing the same in a receptacle, clip, or other device designed or intended to receive
advertising matter, when such receptacle, clip, or other device has been erected in a
conspicuous place near the front door or front entrance or near the mailbox of any private
property; or (3084-12/90)
(b) If no such receptacle, clip, or other device has been erected as provided in this section, then
by handing the advertising matter to an occupant of the property, or placing the same upon
the
porch or vestibule of a house or building on the private property, provided that, in the
latter case, the advertising matter is wrapped, tied, folded, or otherwise so prepared or placed
that it will not be blown loose by the winds and provided that a previous day's distribution of
advertising matter has been removed. (3084-12/90)
8.36.160 City Abatement Handbills & Flyers. The City Administrator, through his designee,
may remove or cause the removal of and properly discard any handbill placed in a manner
prohibited by this Section. The person responsible for the distribution of any such handbill shall
be liable to the City for the cost of removal thereof, in addition to any other penalty provided for
by law. (3084-12/90)
8.36.170 Presumptions. In any civil or criminal action filed against any person for violation of
this Chapter, proof that the handbill in question contains the name of or otherwise identifies such
person or such person's principal, agents, representative or employer shall constitute a rebuttable
presumption that the person so named or identified caused such handbill to be distributed in the
location from which it was removed. (3084-12/90)
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8.36.030--8.36.110 Huntington Beach Municipal Code
8.36.030 Removal--Notice--Compliance. It shall be the duty of the Director of Community
Development to notify in the manner hereinafter provided, the occupant and owner of any real
property in this city to eradicate, remove and abate, within ten (10) days from the giving of such
notice, any accumulation of trash,junk, debris, rubbish or refuse from such real property, and
that upon failure to do so within such ten (10) days, this city will cause the trash,junk, debris,
rubbish or refuse to be removed and abated, and that the cost of such removal and abatement will
be made a special assessment against that property, to be collected at the same time and in the
same manner and subject to the same penalties as municipal taxes. (1668-9/71,2217-10/77)
8.36.040 Removal--Notice--Service. Such notice shall be given in writing, by serving
personally upon any occupant and upon the owner of any real property, each a copy of such
notice, directed to the owner, or if the owner be a nonresident of the city, by serving any
occupant personally, and by mailing by registered mail, a like copy in writing to the owner at his
last known address as shown by the last assessment of the tax assessor of Orange County. If said
address appears thereon, or if no address appears thereon, the same shall be addressed to him at
the city of Huntington Beach, and if there be no such address or occupant, by posting a copy of
the notice in a conspicuous place, upon each lot or legal subdivision of the property, and serving
a copy upon the owner as hereinafter provided. (1668-9/71)
8.36.050 Removal--Delinquency--Hearing. At the date and time so set by the notice, if the
accumulation of trash,junk, debris, rubbish or refuse is not removed from the property, the
Director of Community Development shall thereupon report the delinquency to the City Council
with an estimate of the probable cost of doing the work. Such matters shall be set for hearing
before the City Council and not less than ten (10) days notice of such hearing shall be given to
the occupant and owner of such real property in the manner provided by section 8.36.040.
(1668-9/71,2217-10/77)
8.36.060 Abatement by city--Work order. The City Council, after such public hearing, upon a
finding of the existence of debris, rubbish or refuse, shall order the Director of Community
Development to do said work, at the expense of the owner of the property, and provide for
temporary payment of the same with city funds. (1668-9/71,2217-10/77)
8.36.070 Extension of time. The City Council may, in its discretion, extend the time within
which the work must be done. (1668-9/71)
8.36.080 Abatement by city--Records kept. At the completion of the work, the Director of
Community Development must prepare a statement of the proceedings, reciting the existence of
the nuisance, the description of the property, the names of the owners and occupants, if known,
the giving of notices, the holding of the public hearing, the making of the order by the City
Council, the doing of the work and the cost thereof. (1668-9/71,2217-10/77)
8.36.090 Abatement by filed. Such statement must be signed and verified by the
Director of Community Development and filed with the City Council. (1668-9/71,2217-10/77)
8.36.100 Abatement by city--Costs become lien. The City Council shall then assess such costs
against the parcel of land pursuant to section 38773.5 of the Government Code and shall cause
the amount of such costs and assessment to be transmitted to the tax collector for collection.
(1668-9/71)
8.36.110 Criminal prosecution. The collection of the cost of abatement shall not be a bar to
criminal prosecution for nuisance. (1668-9/71)
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Huntington Beach Municipal Code 8.36.010-8.36.050
Chapter 8.36
RUBBISH
(1668-9/71,2217-10/77,3084-12/90) j
Sections:
8.36.010 Accumulation--Prohibited.
8.36.020 Accumulation--Nuisance
8.36.030 Removal--Notice--Compliance
8.36.040 Removal--Notice--Service
8.36.050 Removal--Delinquency--Hearing
8.36.060 Abatement by city--Work order
8.36.070 Extension of time
8.36.080 Abatement by city--Records kept
8.36.090 Abatement by city--Records filed
8.36.100 Abatement by city--Costs become lien
8.36.110 Criminal prosecution
8.36.120 Permitting nuisance--Misdemeanor
8.36.130 Placing,Commercial Handbills on Vehicles
8.36.140 Distribution on Uninhabited or Vacant Private Premises
8.36.150 Manner of Distribution
8.36.160 City Abatement--Handbills &Flyers
8.36.170 Presumptions
8.36.010 Accumulation--Prohibited. Every.owner and occupant of real property shall keep
said property free of any accumulation of trash,junk, debris,rubbish or refuse. (1668-9,71)
8.36.020 Accumulation--Nuisance. Any accumulation of trash,junk, debris, rubbish or refuse
on any real property in this city, unless otherwise permitted by law, is declared to be a nuisance.
(1668-9/71)
8.36.030 Removal--Notice--Compliance. It shall be the duty of the Director of Community
Development to notify in the manner hereinafter provided,the occupant and owner of any real
property in this city to eradicate, remove and abate,within ten(10) days from the giving of such
notice, any accumulation of trash,junk, debris,rubbish or refuse from such real property, and
that upon failure to do so within such ten (10) days,this city will cause the trash,junk,debris,
rubbish or refuse to be removed and abated, and that the cost of such removal and abatement will
be made a special assessment against that property,to be collected at the same time and in the
same manner and subject to the same penalties as municipal taxes. (1668-9/71,2217-10/77)
8.36.040 Removal--Notice--Service. Such notice shall be given in writing,by serving
personally upon any occupant and upon the owner of any real property, each a copy of such
notice,directed to the owner;or if the owner be a nonresident of the city,by serving any
occupant personally, and by mailing by registered mail, a like copy in writing to the owner at his
last known address as shown by the last assessment of the tax assessor of Orange County. If said
address appears thereon, or if no address appears thereon,the same shall be addressed to him at
the city of Huntington Beach, and if there be no such address or occupant, by posting a copy of
the notice in a conspicuous place,upon each lot or legal subdivision of the property, and serving
a copy upon the owner as hereinafter provided. (1668-9r11)
8.36.050 Removal--Delinquency--Hearing. At the date and time so set by the notice, if the
accumulation of trash,junk, debris, rubbish or refuse is not removed from the property, the
Director of Community Development shall thereupon report the delinquency to the City Council
with an estimate of the probable cost of doing the work. Such matters shall be set for hearing
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8.36.050-8.36.150(b) Huntington Beach Municipal Code
before the City Council and not less than ten(10) days notice of such hearing shall be given to
the occupant and owner of such real property in the manner provided by section 8.36.040. (1668-
9171, 2217-10R7)
8.36.060 Abatement by cite--`York order. The City Council, after such public hearing, upon a
finding of the existence of debris, rubbish or refuse, shall order the Director of Community
Development to do said work, at the expense of the owner of the property, and provide for
temporary payment of the same with city funds. (1668-9171,2217-10177)
8.36.070 Extension of time. The City Council may, in its discretion, extend the time within
which the work must be done. (1668-9171)
8.36.080 Abatement by cih,--Records kept. At the completion of the work, the Director of
Community Development must prepare a statement of the proceedings, reciting the existence of
the nuisance, the description of the property,the names of the owners and occupants, if known,
the giving of notices, the holding of the public hearing,the making of the order by the City
Council, the doing of the work and the cost thereof. (1668-9/71,2217-10/77)
8.36.090 Abatement by city--Records filed. Such statement must be signed and verified by the
Director of Community Development and filed with the City Council. (1668-9r71, 2217-10/77)
8.36.100 Abatement by citv--Costs become lien. The City Council shall then assess such costs
against the parcel of land pursuant to section 38773.5 of the Government Code and shall cause
the amount of such costs and assessment to be transmitted to the tax collector for collection.
(1668-9/71)
_ �-�
8.36.110 Criminal prosecution. The collection of the cost of abatement shall not be a bar to
criminal prosecution for nuisance. (1668-9/71).
8.36.120 Permitting nuisance--Misdemeanor. Every occupant and owner of real property who
maintains, allows or permits any nuisance defined in this chapter after notice to abate as provided
in this chapter, is guilty of a separate MISDEMEANOR with respect to each day that the
nuisance continues, after said notice on each lot or parcel on which the nuisance shall exist.
(1668-9/71)
8.36.130 Placing Commercial Handbills on Vehicles. No person shall affix to any vehicle, or
cause to be affixed to any vehicle,any notice,paper,placard,bill,poster, card, sticker,banner,
sign, advertisement, or other device designed to attract the attention of the public for the purpose
of advertising any merchandise,commodity,property,business, service, act or skill offered, sold
or rendered for hire,reward,price,trade or profit. (3084-12/90)
8.36.140 Distribution on Uninhabited or Vacant Private Premises. It is unlawful for any
person to distribute, deposit,.place,throw,scatter or cast any handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant. (3084-12/90)
8.36.150 Manner of Distribution. No person shall distribute in or upon any private property
any advertising matter except in the following manner: (3084-12/90)
(a) By placing the same in a receptacle, clip, or other device designed or intended to receive
advertising matter,when such receptacle, clip, or other device has been erected in a
conspicuous place near the front door or front entrance or near the mailbox of any private
property; or (3084-12/90)
(b) If no such receptacle, clip, or other device has been erected as provided in this section,then
by handing the advertising matter to an occupant of the property, or placing the same upon
the
12/90
Huntington Beach Municipal Code 8.36.150(b)-8.36.170
porch or vestibule of a house or building on the private property,provided that, in the
latter case, the advertising matter is wrapped, tied, folded, or otherwise so prepared or placed
that it will not be blown loose by the winds and provided that a previous day's distribution of
advertising matter has been removed. (3084-12/90)
8.36.160 City Abatement Handbills & Flyers. The City Administrator,through his designee,
may remove or cause the removal of and properly discard any handbill placed in a manner
prohibited by this Section.- The person responsible for the distribution of any such handbill shall
be liable to the City for the cost of removal thereof, in addition to any other penalty provided for
by law. (3084-12/90)
8.36.170 Presumptions. In any civil or criminal action filed against any person for violation of
this Chapter,proof that the handbill in question contains the name of or otherwise identifies such
person or such person's principal, agents, representative or employer shall constitute a rebuttable
presumption that the person so named or identified caused such handbill to be distributed in the
location from which it was removed. (3084-12190)
12/90
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 31 , 2001 )
Please Remove from Code Please Add to Code
Chapter 2.16 Chapter 2.16
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
�.� Mun�,eipal� Coale._
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http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
i
Huntington Beach Municipal Code 2.16.010--2.16.030(d)
Chapter 2.16
CITY TREASURER `!Y -
(15-5/09, 265-11/23, 1935-11/74, 2052-5/76,2991-4/89, 3008-8/89, 3507-10/01)
Sections:
2.16.010 Establishment
2.16.020 Powers
2.16.030 Duties
2.16.040 Appointment of subordinates
2.16.050 Funds
2.16.010 Establishment. There is hereby established a Department of City Treasurer.
2.16.020 Powers. The City Treasurer shall have the power to:
(a) Receive on behalf of the City all taxes, assessments, license fees, and other revenues of the
City, or for the collection of which the City is responsible, and receive all taxes or other
money receivable by the City from the County, State, or Federal Governments, or from any
court, or from any office, department, or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City of any
office, department, or agency of the City government and deposit or cause to be deposited all
funds coming into his hands in such depository as may be designated by resolution of the
City Council, or, if no such resolution be adopted, then is such depository designated in
writing by the City Administrator, and in compliance with all of the provisions of the State
Constitution and laws of the State governing the handling, depositing, and securing of public
funds.
(c) Pay out monies only on proper orders or warrants in the manner provided for in the City
Charter.
(d) Prepare and submit to the Chief of Administrative Services monthly written reports of all
receipts, disbursements, and fund balances, and shall file copies of such reports with the City
Administrator and City Council.
(e) Manage the Business License functions of the City.
2.16.030 Treasurer- Duties. The City Treasurer shall be the head of the City Treasurer's
Department and shall be elected by the voters. The City Treasurer shall have the following
duties:
(a) Plans, organizes, directs, and coordinates all programs and activities of the City Treasurer's
Department.
(b) Determines and directs department policies, procedures, and organization.
(c) Obtains quotes for the investment of funds under his or her control, authorizes purchases,
maintains documentation, receives payments, schedules maturities, authorizes fund transfers,
calculates and makes daily repurchase agreements, and establishes and maintains an
Investment Policy pursuant to the California Government Code. (3507-10/01)
(d) Establishes and controls all bank accounts, negotiates services and contracts with bank,
makes daily deposits, handles returned checks and reconciliation thereof.
10/01
2.16.030(e)--2.16.050 Huntington Beach Municipal Code
(e) Collects monies owed to the City whether by tax, fee, charge,judgment, settlement or
otherwise; utilizes letters, phone calls, and collection agencies as required; and may write off
uncollectible items up to $10,000 without further authorization,between $10,000 and
$50,000 with the prior approval of the City's Settlement Committee and in excess of$50,000
with City Council approval only. (3507-10/01)
(f) Makes cash flow projections on a weekly and monthly basis.
(g) Manages the Business License operation including the issuance of permits, receipting of oil
well royalties, and the transient occupancy tax.
(h) Receives all City monies including water and trash fees.
(i) Maintains all trusts, bonds, security agreements, and funds for the City including the filing,
depositing, refunds and releases, letters of release, and inquiries relating thereto.
(j) Prepares, submits, and administers the annual budget for his or her department. (3507-10/01)
(k) Performs such other duties and has such other powers as the City Council may establish
hereafter by resolution consistent with the City Charter.
(1) Administer and enforce all Municipal Code regulations regarding the collection of monies
owed to the City, including but not limited to: (3507-10/01)
(1) Huntington Beach Municipal Code Licensing Procedures
(Chapter 5.08) (3507-10/01)
(2) Huntington Beach Municipal Code Natural Resource Production
(Chapter 5.32) (3507-10/01)
(3) Transient Occupancy Tax
(Chapter 3.28) (3507-10/01)
(4) Late Charges
(Chapter 3.48) (3507-10/01)
(5) Service Connections
(Chapter 14.08) (3507-10/01)
(6) Fees, Rates and Deposits
(Chapter 14.12) (3507-10/01)
2.16.040 Appointment of subordinates. The City Treasurer, may, subject to the approval of
the City Council, appoint such Deputy or Deputies to assist the City Treasurer, or to act for him
or her, in carrying out the duties and responsibilities of this Chapter, at such salaries or
compensation as the Council may by ordinance or resolution prescribe. (3507-10/01)
2.16.050 Funds. All funds previously created and/or designated by ordinance shall continue
and be maintained until expressly eliminated or otherwise disposed of by ordinance.
10/01
.R
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 31 , 2001 )
Please Remove from Code Please Add to Code
Table of Contents, pages i & ii Table of Contents, pages i & ii
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
-�� ?�1Vlunrcr al Code��rs_ available _on the.�l 'ternet �A��n�= T��
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
'
°
'AA "I""M _11, I'll 11, , "'Al
qP��U� m�n�
����� �� Contents
CITY CHARTER(o-1 through o-20)
TITLE % -GENERAL PROVISIONS
1.01 Code Adoption
1.04 General Provisions
1.08 Official Seal
1.12 City Hall
1.13 Fiscal Year
1.16 General Penalty-Enforcement
1.20 Notices
TITLE 2-ADMINXSTRATDON AND PERSONNEL
2.04 Eligibility ofCandidates
2.05 Gifts to Public Officials
2.06 Campaign Documents
3.07 Campaign Reform Law
2.08 Administrative Officer
2.12 Administrative Services Department
2.16 City Treasurer
2.20 City Attorney
2.24 Police Chief
2.28 City Council
2.30 Community Services Department
2.32 Department of Community Development
2.34 City Planning Commission
2.40 Fire Department
2.52 PO|ioa Department
2.56 Public Works Department
3.64 Community Services Commission
2.72 Personnel System
2.76 Competitive Service Regulations
2.80 Redevelopment Agency
2.84 Public Library-General Provisions
2.80 Library Services Department
2.96 Disposition of Unclaimed Property
2.97 Citizens Participation Advisory Board
2.100 Operating Policy for Boards and Commissions
2.101 Allied Arts Board
2.102 Environmental Board
2.104 Advisory Board on the Handicapped
2.106 Fourth of July Executive Board
2.107 Historic Resources Board
2.108 Huntington Beach Youth Board
2.109 Finance Board
2.110 Investment Advisory Board
2.111 Public Works Commission
2.112 Mobile Home Advisory Board
TITLE 3
TITLE 3-REVENUE AND FINANCE
3.02 Purchases of Goods and Services
3.03 Professional Services
3.04 Fund Regulations
3.06 Surplus Real Property
3.08 Capital Outlay Fund
3.12 Gas Tax Fund
3.14 Self Insurance Liability Claims Loss Reserve
3.16 Determination of City Tax Rate
3.20 Documentary Transfer Tax
3.24 Sales and Use Tax
3.28 Transient Occupancy Tax
3.32 Cigarette Tax
3.36 Utilities Tax
3.40 Community Enrichment Library Fee
3.44 Pipeline Franchises
3.48 Late Charges
3.52 Huntington Beach Auto Dealers Business Improvement District
3.56 Special Tax Financing Improvement Code
TITLE 4-RESERVED
TITLE 5-BUSINESS LICENSES AND REGULATIONS
5.04 General Provisions
5.08 Licensing Procedures
5.10 Enforcement of Title
5.12 Exemptions to Provisions
5.16 Rates /\
5.20 Ambulance Service
5.24 Massage Establishments
5.28 Dance Halls
5.32 Natural Resources Production
5.34 Gasoline Pricing
5.36 Pawnbrokers, Junk Dealers and Secondhand Dealers
5.40 Collection From Trash Drop Off Boxes and Trash Bins
5.41 Collection of Recyclable Materials
5.44 Restaurants-Amusement and Entertainment Permits
5.48 Taxicabs-Vehicles for Hire
5.50 Mobile Vending
5.52 Motion Picture Theaters
5.54 Commercial Photography
5.56 Burglar Alarms
5.60 Figure Model Studios
5.64 Bingo Games
5.66 Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.72 Fortunetelling
5.74 Harmful Matter
TITLE 6-RESERVED
TITLE 7-ANIMALS
7.04 Adoption of County Ordinances
7.08 Licensing Provisions
7.12 Miscellaneous Animal Care and Control
10/01 11
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 31 , 2001 )
Please Remove from Code Please Add to Code
Title 3 Title 3
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
r
unre� a� CO�e.r�sa�varlable on��°the.-ln u ; �_�� E.
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code Title 3 Index
Title 3
REVENUE AND FINANCE
Chapters:
3.02 Purchases of Goods and Services
3.03 Professional Service
3.04 Fund Regulations
3.06 Surplus Real Property
3.08 Capital Outlay Fund
3.12 Gas Tax Fund
3.14 Self Insurance Liability Claims Loss Reserve
3.16 Determination of City Tax Rate
3.20 Documentary Transfer Tax
3.24 Sales and Use Tax
3.28 Transient Occupancy Tax
3.32 Cigarette Tax
3.36 Utilities Tax
3.40 Community Enrichment Library Fees
3.44 Pipeline Franchises
3.48 Late Charges
3.52 Huntington Beach Auto Dealers Association
3.56 Special Tax Financing Improvement Code
10/01
A
Y
r
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 31 , 2001 )
Please Remove from Code Please Add to Code
Chapter 3.02 Chapter 3.02
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
�y � ,�,s. Mun�c� alCoo!e��is"x a�uarla�leAon tl��e�lnternety=�� ��
�°i&3'b.._..,«.:....,.,.t".,.�'•.�•.;.iawea.,...«m«.,...,:.. ": ,»��.��.....a.»a�4t�,i�i..� '",x'�a.«w::..�«,.»..�.«.a7s.„'..,�:�r'"' °'" .. „r«a.?:.«:�•.a`& ..�";��.ri:x..:...
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
i
Huntington Beach Municipal Code 3.02.010--3.02.025(b)
Chapter 3.02
PURCHASES OF GOODS AND SERVICES
(2259-2/78,2433-7/80,2464-12/80,3144-9/92,3316-1/96,3322-3/96,3510-10/01)
Sections:
3.02.010 Established
3.02.015 Purpose
3.02.020 Officer--Duties
3.02.025 Definitions
3.02.030 Officer--Exemptions from centralized purchasing
3.02.040 Procedures
3.02.050 Procurement and disposition responsibilities
3.02.060 Equipment leases
3.02.070 Methods of procurement
3.02.080 Competitive bidding requirement; exemptions
3.02.090 Pre-bid conferences or site inspections
3.02.100 Advertisement of bidding opportunities
3.02.110 Correction or withdrawal of bids
3.02.120 Receipt of bids or proposals
3.02.130 Evaluation of bids or proposals
3.02.140 Preparation of bid or proposal documents
3.02.150 Cancellation of solicitations; Rejection of bids
3.02.160 Procurement records; Public inspection
3.02.170 Bonds and other security; insurance requirements
3.02.180 Local business preference
3.02.190 Exempt and emergency procurements
3.02.195 Right to inspect plant and audit records
3.02.200 Disqualification of vendors
3.02.210 Disposition of surplus personal property
3.02.220 Ethics
3.02.010 Established. The Central Services Division of the Administrative Services
Department is established for the purpose of providing for centralized purchasing of all supplies,
services and equipment for the various agencies of the City. (2259-2/78,2464-12/80,3510-10/01)
3.02.015 Purpose. This Chapter is adopted in order to provide a uniform procedure for
contracting for goods and services by the City of Huntington Beach, to provide for fair and
equitable treatment of all persons involved, to obtain the highest possible value in exchange for
public funds, and to safeguard the quality and integrity of the purchasing and contract process.
(3510-10/01)
3.02.020 Officer--Duties. The Director of Administrative Services shall direct the activities of
the Central Services Division. The Purchasing Officer shall be responsible to the Director of
Administrative Services. (2259-2/78,2464-12/80,3510-10/01)
3.02.025 Definitions. For the purposes of this Chapter, the following definitions apply:(3510-
10/01)
(a) Bid or Proposal Documents. The documents, including their attachments and addenda,
which set forth instructions to bidders or proposers, and are disseminated for the purpose of
soliciting bids or proposals.(3510-10/01)
(b) City Administrator shall mean City Administrator or his/her designee. (3510-10/01)
10/01
s
3.02.025(c)-3.02.025(n) Huntington Beach Municipal Code
(c) City Employee. An individual who performs services for the City in the capacity of an
elected or appointed official, or as a compensated employee of the City or of a temporary
services agency retained by the City. "City employee" does not include independent
contractors. (3510-10/01)
(d) Contract. Agreements, regardless of what they may be labeled,between the City and one or
more other parties for the purchase or disposition of goods and/or services. (3510-10/01)
(e) ContractorNendor/Supplier. Any person who has entered into an agreement with the City
for the provision or disposition of goods and/or services. (3510-10/01)
(f) Director of Administrative Services shall mean the Director of Administrative Services or
his/her designee. (3510-10/01)
(g) Financial Interest. (3510-10/01)
(1) Ownership of any interest or involvement in any relationship from which, or as a
result of which, a person has received compensation within the past year, or is entitled
to, or is currently receiving compensation; (3510-10/01)
(2) Ownership, whether wholly or in part, of any property or business; or(3510-10/01)
(3) Status as an officer, director, trustee, partner, employee, or manager of a business.
(3510-10/01)
(h) Goods. Articles moveable at the time of sale, including but not limited to equipment,
supplies and materials. (3510-10/01)
(i) Gratuity. A gift,payment, loan, advance, deposit of money, or service, presented or
promised in return for or in anticipation of favorable consideration in the procurement
process. "Gratuity" does not include the compensation paid by or due from the City or from
a temporary service agency under contract with the City to an employee in connection with
the employee's services for the City. (3510-10/01)
(j) Immediate Family. Any spouse, child, stepchild, parent or stepparent of a City employee.
The relationship of parent to child includes both natural and adoptive relationships. (3510-10/01)
(k) Local Business. A business entity with one or more fixed offices and/or locally taxable
distribution points within the boundaries of the City of Huntington Beach which holds a
current and valid City business license with a Huntington Beach business street address. (3510-
10/01)
(1) Maintenance and Repair Services. Services intended to preserve and/or restore a public work
to a clean, safe, efficient and/or continually usable condition. Maintenance and repair
services may include,but are not limited to: carpentry, electrical,painting, plumbing, glazing
and other craftwork to preserve a facility in the condition for which it was intended; repairs,
cleaning and other operations on machinery and other equipment permanently attached to a
facility as fixtures; the mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes
and hedges; and the regular removal or relocation of by-products or waste products
accumulated at City facilities as the result of ongoing environmental processes. (3510-10/01)
(m)Person. Any individual,partnership, limited partnership, association, corporation, labor
union, committee, club, or governmental, public or quasi-public entity. (3510-10/01)
(n) Procurement. The acquisition of goods and/or services by the City, including but not limited
to purchasing, rental or leasing, and all functions and procedures pertaining to such
acquisitions. (3510-10/01)
10/01
Huntington Beach Municipal Code 3.02.025(o)-3.02.050(a)(1)
(o) Professional Services. Services, which involve the exercise of professional discretion and
independent judgment based on an advanced or specialized knowledge, expertise or training
gained by formal studies or experience. Such services include, but are not limited to, those
provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors,
physicians and other specialized consultants. The procurement of professional services is
governed by Huntington Beach Municipal Code Section 3.03. (3510-10/01)
(p) Responsible Bidder. A bidder determined by the awarding authority: (3510-10/01)
(1) To have the ability, capacity, experience and skill to provide the goods and/or
services in accordance with bid specifications; (3510-10/01)
(2) To have the ability to provide the goods and/or services promptly, or within the time
specified, without delay; (3510-10/01)
(3) To have equipment, facilities and resources of such capacity and location to enable
the bidder to provide the goods and/or services; (3510-10/01)
(4) To be able to provide future maintenance, repair, parts and service for the use of the
goods purchased, if appropriate; (3510-10/01)
(5) To have a record of satisfactory or better performance under prior contracts with the
City and other purchasers where such bidder has previously been awarded such
contracts; (3510-10/01)
(6) To have complied with laws, regulations, guidelines and orders governing prior or
existing contracts performed by the bidder, if applicable; (3510-10/01)
(q) Responsive Bidder. A bidder determined by the Purchasing Officer to have submitted a bid
or proposal which conforms in all material respects to the requirements of the bid or proposal
documents. (3510-10/01)
(r) Services. Work performed or labor, time and effort expended by an independent contractor.
(3510-10/01)
(s) Specifications. A description of the physical or functional characteristics or of the nature of
the required goods and/or services. (3510-10/01)
(t) Surplus Personal Property. Goods owned by the City which are no longer needed or which
are obsolete or unserviceable, property that is a by-product (scrap metal, used tires and oil,
etc.), or any unclaimed, seized or abandoned personal property in the possession or custody
of the department of public safety which may be legally disposed of by the City. (3510-10/01)
3.02.030 Officer--Exemption from centralized purchasing. The Director of Administrative
Services may authorize in writing any agency to purchase or contract for specified supplies,
services and equipment independently of the Purchasing Division; but he/she shall require that
such purchases or contracts be made in conformity with the procedures established by this
Chapter, and shall further require periodic reports from the agency on the purchases and contracts
made under such written authorization. (2259-2/78,2464-12/80,3510-10/01)
3.02.040 Procedures. Purchase of supplies, services, equipment and the sale of surplus
personal property shall be by procedures provided for in this Chapter. (2259-2/78)
3.02.050 Procurement and disposition responsibilities. (3510-10/01)
(a) The Director or his/her designee represented of the Department requiring goods and services,
other than professional services, shall: (3510-10/01)
(1) Identify its procurement needs and the availability of funding. (3510-10/01)
10/01
s
3.02.050(a)(2)-3.02.060(b)(v) Huntington Beach Municipal Code
(2) Submit to the Purchasing Officer specifications for the required goods and/or services.
(3510-10/01) ,—
(3) Participate in the evaluation of bids and proposals, as required. (3510-10/01)
(4) Inspect goods delivered and services, other than professional services, performed to
determine conformity with the requirements set forth in the bid or proposal documents
and with contractual obligations, authorize payment for conforming goods and/or services
and notify the Purchasing Officer of nonconforming goods and/or services. (3510-10/01)
(b) Director of Administrative Services. The Director of Administrative Services shall be
responsible for the procurement of goods and/or services for the City in accordance with the
provisions of this Chapter. No procurement of goods and/or services shall be made by any
City employee independently of the Director of Administrative Services except in cases of
emergency, unless otherwise authorized in writing by the City Administrator. The Director
of Administrative Services shall: (3510-10/01)
(1) Prepare and recommend to the City Administrator operational procedures and forms for
the procurement of goods and/or services in cooperation with the Department Directors.
(3510-10/01)
(2) Procure or supervise the procurement of all goods and/or services needed in coordination
with the department. (3510-10/01)
(3) Process the contracts awarded. (3510-10/01)
(4) Whenever possible, establish standardized specifications and consolidation of
requirements for goods and/or services required by two or more departments. (3510-10/01)
(5) Determine the types and amounts of bid security and any performance security acceptable
for City procurements. (3510-10/01)
(6) Be the awarding authority for every procurement of goods and/or services for: (3510-10/01)
(i) which the City has an approved budget and sufficient unencumbered
appropriated funds; and (3510-10/01) !
(ii) wherein the cost of which will be fully paid or reimbursed to the City,
regardless of amount. (3510-10/01)
(7) Review the results of all formal competitive bid and proposal solicitations for which the
City Council is the awarding authority. (3510-10/01)
3.02.060 Equipment leases. Upon approval of the City Attorney, the Director of
Administrative Services may enter into contracts to lease equipment in the following
circumstances: (2259-2/78,2464-12/80,3322-3/96,3510-10/01)
(a) Budgeted leases. There exists an unencumbered appropriation in the fund account for the
amount of the lease payments for the current fiscal year. (3322-3/96)
(b) The annual budget for the fiscal year in which the lease is or was entered into provides that:
(3322-3/96)
(i) The equipment may be leased; (3322-3/96)
(ii) The useful life of the equipment; (3322-3/96)
(iii) The lease term; (3322-3/96)
(iv)The annual lease payment; and (3322-3/96)
(v) The interest rate." (3322-3/96)
10/01
Huntington Beach Municipal Code 3.02.070-3.02.080(b)(12)
3.02.070 Methods of procurement. (3510-10/01)
(a) Small Procurements. Procurements anticipated to cost $30,000 or less in one transaction
shall be made using simplified and cost effective operational procedures and forms without
use of formal or informal bids. Requirements shall not be artificially divided so as to
constitute a small purchase under this subsection. (3510-10/01)
(b) Formal Competitive Bids. Procurements anticipated to cost more than $30,000 in one
transaction shall be made by issuance of written invitations for bids. Bid documents include,
at a minimum; instructions to bidders; specifications describing the required goods and/or
services; bid forms and schedules; any required bond forms and proposed contract terms and
conditions. The circumstances may require that a contract award be based on factors in
addition to price. (3510-10/01)
(c) Competitive Negotiation. The Purchasing Officer may establish, and the bid or proposal
documents shall clearly define in a competitive negotiation procurement a two-tiered process
in which bids or proposals, as first received, constitute preliminary offers only. Subject to
the Purchasing Officer's judgment, the Purchasing Officer shall have the authority to enter
into negotiations with those persons reasonably likely of being considered for selection for
contract award. Following such negotiations, best and final bids or proposals will be
accepted by the Purchasing Officer. Bidders or proposers shall be accorded fair and equal
treatment with respect to any opportunity for discussion and revision of bids or proposals.
During negotiation, there shall be no disclosure beyond the City staff evaluating the matter of
any information derived form bids or proposals submitted by competing bidder or proposers.
The contract award shall be made to the bidder or proposer whose bid or proposal offers the
best value to the City, taking into consideration price and the evaluation criteria set forth in
the bid or proposal documents. (3510-10/01)
3.02.080 Competitive bidding requirement; exemptions. (3510-10101)
(a) Contracts for goods and/or services for which the cost to the City in one transaction will
exceed $30,000 shall be let by formal competitive bidding or proposals pursuant to this
Chapter. Procurement requirements shall not be artificially divided so as to avoid the
competitive bidding requirement. (3510-10/01)
(b) The following are exemptions to the competitive bidding requirements: (3510-10/01)
(1) Professional or specialized services, as defined by this Chapter; (3510-10/01)
(2) Emergency procurements, as defined by this Chapter; (3510-10/01)
(3) Situations where solicitations of bids or proposals would for any reason be
impractical, unavailing or impossible; (3510-10/01)
(4) Sole source goods or services; (3510-10/01)
(5) Insurance and bonds; (3510-10/01)
(6) Public library collection materials or services for the provision of public library
collection materials or other books or periodicals; (3510-10/01)
(7) Procurements funded by grants, donations or gifts when the special conditions
attached to the grants, donations or gifts require the procurement of particular
goods and/or services; (3510-10/01)
(8) Goods and/or services obtained from or through agreement with any
governmental, public or quasi-public entity; (3510-10/01)
(9) Works of art, entertainment or performance; (3510-10/01)
(10) Surplus personal property owned by another governmental, public or quasi-
public entity; (3510-10/01)
(11) Membership dues, conventions, training, and travel arrangements; (3510-10/01)
(12) Advertisements in magazines, newspapers, or other media; (3510-10/01)
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3.02.080(b)(1 3)-3.02.11 0(c)(4) Huntington Beach Municipal Code
(13) Goods procured from resale to the public; or(3510-10/01)
(14) Where Competitive bids or proposals have been solicited and no bid or proposal
has been received. In such a situation the Purchasing Officer may proceed to
have the services performed or the goods procured without further competitive
bidding; (3510-10101)
(c) The Purchasing Officer shall conduct negotiations, as appropriate, as to price, delivery and
terms and may require the submission of cost or pricing data in connection with the award of
a contract which does not require competitive bidding. (3510-10/01)
(d) Nothing in this section shall preclude the solicitation of competitive bids or proposals,when
possible. (3510-10/01)
3.02.090 Pre-bid conferences or site inspections. When deemed necessary the Purchasing
Officer is authorized to require bidders or proposers to attend pre-bid conferences or site
inspections prior to the time and date set for receipt of bids or proposals and to consider bidders
or proposers not in attendance as non-responsive. (3510-10/01)
3.02.100 Advertisement of bidding opportunities. (3510-10/01)
(a) A notice inviting sealed formal competitive bids or proposals shall be advertised using one or
more methods designed to provide reasonable public notice in a manner which will permit
current information to be disseminated widely. (3510-10/01)
(b) The notice shall specify the time on or before which bids or proposals will be received; where
and with whom bids or proposals shall be filed; the date, time and place where and when bids
or proposals will be publicly opened and the bids of each bidder declared. (3510-10/01)
i
(c) At the bidder's request, and where City deems feasible, bid documents may be transmitted to
the bidder electronically. (3510-10/01)
3.02.110 Correction or withdrawal of bids. (3510-10/01)
(a) Before Date and Time for Receipt of Bids. Bids or proposals which contain mistakes
discovered by a bidder before the date and time for receipt of bids may be modified or
withdrawn by written notice to the Purchasing Officer received prior to the deadline. (3510-
10/01)
(b) After Date and Time for Receipt of Bids. A bidder may not change its bid or proposal after
the date and time set for receipt of bids. (3510-10/01)
(c) Withdrawal of Bid. A bidder alleging a mistake in a bid or proposal may be permitted to
withdraw its bid or proposal provided that it establishes the following to the satisfaction of
the awarding authority: (3510-10/01)
(1) A mistake was made; (3510-10/01)
(2) The bidder gave written notice of the mistake, and the manner in which it
occurred, to the Purchasing Officer within five calendar days following the
deadline for receipt of bids; (3510-10/01)
(3) The mistake made the price materially different than the bidder intended it to be;
(3510-10/01)
(4) The mistake was made in filling out the bid and not due to error in judgment or to
carelessness in inspecting the site of the work or in reading the bid documents;
(3510-10/01)
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Huntington Beach Municipal Code 3.02.110(c)(5)-3.02.130(c)
(5) If the awarding authority deems it to be in the best interest of the City, it may
allow the lowest bidder to withdraw its bid and award a contract to the next lowest
bidder. In the event that bid security was required and provided by the lowest
bidder, the amount of the lowest bidder's bid security shall be applied to the
difference between the lowest bid and the next lowest bid and the surplus, if any,
shall be returned to the lowest bidder or the bidder's surety, as applicable. (3510-
10/01)
3.02.120 Receipt of bids or proposals. (3510-10/01)
(a) Formal Competitive Bids and Proposals. Sealed bids and proposals submitted in response to
formal competitive bid or proposal solicitations shall be received by the Purchasing Officer at
a time, date and place designated in the bid or proposal documents. Said bids and proposals
shall be identified as such on the outside cover. (3510-10/01)
(b) Public Opening. Formal competitive bids or proposals, timely received, will be publicly
opened by the Purchasing Officer in the presence of one or more witnesses at the location
designated in the bid notice. If members of the public are present, the names of those
submitting bids and the aggregate bid pricing shall be read aloud at or shortly following the
deadline for receipt of formal competitive bids except those involving competitive
negotiation. (3510-10/01)
(c) Late Receipt. Formal competitive bids or proposals received after the deadline for receipt of
bids shall not be accepted and shall be returned to the bidder unopened unless necessary for
identification purposes. The Purchasing Officer shall submit written notification to the
bidder stating what the deadline was, when the bid or proposal was actually received, and
that it is being returned because it was received too late. (3510-10/01)
(d) No Receipt. If no bids or proposals are received in response to a competitive solicitation for
goods and/or services, or if none of the bids or proposals meet the requirements as specified
in the solicitation document, the Purchasing Officer may reissue the solicitation or the
awarding authority may authorize the procurement of the required goods and/or services
without further complying with competitive bidding requirements, or the City may cease the
procurement. An authorization to procure without bidding shall be documented and become
part of the procurement records available for public inspection. (3510-10/01)
3.02.130 Evaluation of bids or proposals. (3510-10/01)
(a) One Bid Received. In the event that a single bid or proposal is received, the Purchasing
Officer shall have the authority to require the bidder or proposer to submit cost or pricing
data to assist in determining if the price is reasonable. If the awarding authority determines
that a bid price for goods and/or services is not reasonable, it may either reject the bid or it
may authorize the Purchasing Officer to attempt to negotiate a reasonable price with the
bidder or proposer, subject to the awarding authority's acceptance. Negotiation shall be
completed within a reasonable time, as specified by the awarding authority. Should such
negotiation fail, the bid may be rejected. (3510-10/01)
(b) Tie Bids. In the event that an identical price is received from two or more responsive and
responsible bidders, and in the judgment of the awarding authority the public interest will not
be served by re-advertising for bids, the awarding authority may authorize the Purchasing
Officer to negotiate for the best possible price. If one of the bidders is a local business then
the tie bid will be awarded to the local bidder without the negotiations. (3510-10/01)
(c) Irregularities. In considering bids or proposals for any goods and/or services contract, the
awarding authority may waive, if it wishes to do so, minor defects or irregularities in the bids
or proposals, provided that the discrepancy does not affect the bid or proposal amount or give
the bidder or proposer an advantage over others. (3510-10/01)
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3.02.140-3.02.170(a) Huntington Beach Municipal Code
3.02.140 Preparation of bid or proposal documents. Any person, with whom the City has
contracted to prepare, or assist in the preparation of, bid or proposal documents, is ineligible to
submit a bid or proposal for the provision of the goods or the performance of the services so
specified. (3510-10/01)
3.02.150 Cancellation of solicitations; Rejection of bids. (3510-10/01)
(a) Cancellation of Solicitations. The Purchasing Officer may cancel competitive bid or
proposal solicitations before the date and time set for receipt of bids or proposals upon a
written determination that such action is in the City's best interest for reasons including, but
not limited to any of the following: (3510-10/01)
(1) The City no longer requires the goods and/or services, as determined by the City; (3510-
10/01)
(2) The City no longer can reasonably expect to fund the procurement, as determined by the
Director of Administrative Services, City Administrator or City Council; (3510-10/01)
(3) Proposed amendments to the solicitation would be of such magnitude that a new
solicitation is desirable; (3510-10/01)
(b) Rejection of Bids. The Purchasing Officer may reject, in whole or in part,bids or proposals
received in response to informal competitive bid or proposal solicitations, and may reject, in
whole or in part, bids or proposals received in response to formal competitive bid or proposal
solicitations. If all bids are rejected, the City has the discretion to readvertise. (3510-10/01)
(c) Records. The fact that a solicitation was cancelled or bid or proposal rejected shall be made
part of the procurement records. (3510-10/01)
3.02.160 Procurement records; Public inspection. (3510-10/01)
(a) Records Maintenance. The Purchasing Officer shall maintain records for each procurement
which include, at a minimum, the procurement request from the Department; the bid or
proposal documents for the procurement, if any; any and all bids or proposals received; the
basis on which contract award is made; and a copy of any and all contracts awarded. Such
records shall be maintained for a period of time in compliance with state law and the City's
records retention schedule and shall be available for public inspection during normal City
business hours. (3510-10/01)
(b) Public Inspection. Informal and formal competitive bids not involving competitive
negotiation shall be available for public inspection following the date and time set for receipt
of bids. Informal and formal competitive proposals and formal competitive bids involving
competitive negotiation shall be available for public inspection following contract award or
rejection. The City will not disclose any pricing agreements it may have during the bidding
process. (3510-10/01)
3.02.170 Bonds and other security; insurance requirements. (3510-10/01)
(a) When Required. The Purchasing Officer shall have the authority to require bid,performance
and payment security or specific types and amounts of insurance coverage for specific
procurements to the extent required by state law or upon a determination that it is in the best
interest of the City to do so. (3510-10/01)
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Huntington Beach Municipal Code 3.02.170(b)-3.02.190(b)(3)
•
(b) Bid Security. Bid security, if required, shall be submitted with the bid and shall be a certified
check, cashier's check or surety bond issued by an admitted surety insurer authorized to
conduct business in the state of California. If a bidder fails to submit the required bid
security with the bid, the bid shall be deemed non-responsive. After bids are opened, bid
security is irrevocable for the period specified in the invitation for bids. If the successful
bidder fails to execute the contract within the time specified, the total amount of the bid
security shall be forfeited to the City. The security of an unsuccessful bidder shall be
returned to the bidder no later than sixty calendar days from the date of contract award. (3510-
10/01)
(c) Performance Security. Performance security, if required, shall be in the form of a bond
acceptable to the City and issued by an admitted surety insurer authorized to operate in the
state of California. (3510-10/01)
(d) Form of Bonds. The only bonds acceptable to the City shall be those executed on forms
approved by the City Attorney and included with the bid or proposal documents. (3510-10/01)
3.02.180 Local business preference. (3510-10/01)
(a) Subject to the limitations contained in this section, the Purchasing Officer shall extend a
bidding advantage to a local business in the form of a 1%price preference in the evaluation
of bids or proposals for the procurement of goods. (3510-10/01)
(b) The following contracts are exempt from the provisions of this section: (3510-10/01)
(1) Contracts funded in whole or in part from grants, donations or gifts to the City if the
provisions of this section conflict with any special conditions attached to the grants,
donations or gifts, provided the special conditions have been approved and accepted
pursuant to the donations policy of the City. (3510-10/01)
(2) Emergency procurements. (3510-10/01)
(3) Sole source contracts. (3510-10/01)
(c) After a due process hearing, should the City Administrator determine that a price preference
was received under this section through an intentional misstatement, the recipient of any such
price preference shall be subject to a civil penalty of treble the dollar price preference
received or$5,000.00, whichever is greater. (3510-10/01)
3.02.190 Exempt and emergency procurements. The following purchases and procurements
are exempted from the requirements of this Chapter:
(a) Public works construction contracts. Those public works construction contracts, and the
separate procurement of materials and supplies therefor, that are governed by other applicable
laws, including but not limited to the City Charter. (3510-10/01)
(b) Emergency purchases and procurements. An emergency shall be deemed to exist if: (3510-
10/01)
(1) There is a great public calamity;
(2) There is immediate need to prepare for national or local defense;
(3) There is a breakdown in machinery or an essential service which requires an immediate
procurement in order to safeguard the public health, safety or welfare;
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3.02.190(a)(4)--3.02.195(a) Huntington Beach Municipal Code
e
(4) An essential, departmental operation affecting the public health, safety or welfare would
be greatly hampered if the prescribed procurement procedure would cause an undue delay
in the procurement of the needed service.
In case of an emergency which requires the immediate procurement of a commodity or
service, the City Administrator may authorize the Director of Administrative Services to
secure by the open-market procedure, at the lowest obtainable price, any service or
commodity regardless of the amount of the expenditure. (3510-10/01)
(c) Interagency purchase agreements. Procurements utilizing agreements maintained by other
public agencies for the provision of services or supplies to such agencies are exempt from the
bidding and/or request for proposal process requirements of this Chapter. (3510-10/01)
(1) Cooperative Procurement. Notwithstanding any other provision of this Chapter, the
Purchasing Officer may authorize the City's participation with one or more other
governmental, public or quasi-public agencies in a cooperative agreement for the
procurement of goods and/or services, provided that at least one of the agencies has
solicited bids using methods similar to those set forth in this Chapter. (3510-10/01)
(2) Use of Another Entity's Contract. The Purchasing Officer may authorize the procurement
of goods and/or services through the use of a contract initiated by another governmental,
public or quasi-public entity,provided that the original parties to the contract agree, the
contract was awarded. The contract is for identical or nearly identical goods and/or
services, and the contract resulted from a competitive bid using methods similar to those
required by this Chapter. (3510-10/01)
(3) Mutual Aid. The Purchasing Officer may sell to, acquire from, or use goods belonging to
another government, public or quasi-public agency independent of the requirements of
this Chapter and under the terms agreed upon between the parties,provided that such 1
activity does not adversely affect City services and is approved in advance in writing by
the City Administrator. (3510-10/01)
(d) Sole-source procurements. In those cases where the procurement of any product or supply
is obtainable only from a single or sole source, based upon the good faith review of available
products and services by the Director of Administrative Services, the Director of
Administrative Services, and with the assistance of the City Attorney, shall negotiate with the
purveyor of such equipment, product, supply or service, to the end that the City receives the
desired product, equipment, service or supply on fair and equitable terms. Examples of
acceptable sole source purchases are equipment for which there is no comparable competitive
product, a component or replacement part for which there is no commercially available
substitute and which can be obtained only from the manufacturer, and an item where
compatibility with items in use by the City is the overriding consideration. Purchases from
regulated public utilities may be made pursuant to applicable tariff without regard to this
section. (3510-10/01)
3.02.195 Right to inspect plant and audit records. (3510-10/01)
(a) Right to Inspect Plant. The City may, at reasonable times, inspect the part of the plant, place
of business or work site of a vendor/contractor or subcontractor at any tier which is pertinent
to the performance of any contract awarded or to be awarded by the City. (3510-10/01)
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i'
3.02.195(b)-3.02.220(a) Huntington Beach Municipal Code
(b) Right to Audit Records. The City shall be entitled to audit the books and records of a
vendor/contractor or subcontractor at any tier to the extent that such books, documents,
papers, and records are pertinent to the performance of such contract or subcontract. (3510-
10/01)
3.02.200 Disqualification of vendors. The Director of Administrative Services may, for good
cause appearing: (3510-10/01)
(a) decline to accept offers,bids or quotations from prospective vendors; and/or(3510-10/01)
(b) deem a prospective bidder/vendor as non-responsive or non-responsible. (3510-10/01)
A bidder/vendor whose offer, bid or quotation has been declined or has been deemed non-
responsive or non-responsible shall have the right to appeal such decision of the Director of
Administrative Services to the City Administrator within a reasonable time after demand made in
writing to the Director of Administrative Services to accept the proffered bid, offer or quotation.
(2259-2/78,2464-12/80,3510-10/01)
3.02.210 Disposition of surplus personal property. (3510-10/01)
(a) Authority. The Purchasing Officer is authorized to sell or dispose of surplus personal
property having a salvage value in the open market, by public auction, by competitive sealed
bids or by exchange or trade-in for new goods. The sale or lease of surplus personal property
to a governmental,public or quasi-public agency may be without advertisement for or receipt
of bids. (3510-10/01)
(b) Property with No Salvage Value. Surplus personal property with no salvage value, as
determined by the Purchasing Officer, shall be disposed of in a manner that salvages
recyclable components, if practical. (3510-10/01)
(c) Unclaimed, Seized or Abandoned Property. The Purchasing Officer is authorized to sell or
dispose of all goods in the possession or custody of the police department which are
unclaimed, seized and/or abandoned and may be legally disposed of by the City. (3510-10/01)
(d) Records. The Purchasing Officer shall provide reports to the City Administrator which
indicate surplus personal property disposed of, the method of disposal, and the amounts
recovered from its disposal and shall maintain records for public inspection relative to the
disposal of surplus personal property for a period of time in compliance with state law and
the City's records retention schedule. (3510-10/01)
(e) Donations. Upon approval in advance in writing of the City Administrator, surplus personal
property may be donated to governmental, public or quasi-public agencies, charitable or non-
profit organizations. (3510-10/01)
(f) Proceeds of Sale. Proceeds from the sale of surplus personal property shall be deposited into
the appropriate City fund. (3510-10/01)
3.02.220 Ethics. (3510-10/01)
(a) Statement of Policy. City employees shall discharge their duties impartially so as to assure
fair competitive access to City procurement opportunities by responsible contractors.
Moreover, they shall conduct themselves in such a manner as to foster public confidence in
the integrity of City procurement activities. (3510-10/01)
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3.02.220(b)-3.02.220(d) Huntington Beach Municipal Code
(b) Conflict of Interest. No City employee shall participate directly or indirectly in a City
procurement when the employee knows that: (3510-10/01)
(1) The employee or any member of the employee's immediate family has a financial interest
pertaining to the procurement; or(3510-10/01)
(2) The employee or any member of the employee's immediate family is negotiating or has
an employment arrangement which is contingent upon or will be affected by the
procurement. (3510-10/01)
(c) Withdrawal from Participation. Upon discovery of an actual or potential conflict of interest,
an employee shall promptly withdraw from further participation in the procurement. (3510-
10101)
(d) Gratuities. No person shall offer, give or agree to give any City employee any gratuity or
offer of employment in connection with a procurement by the City. No City employee shall
solicit, demand, accept or agree to accept from any other person a gratuity or an offer of
employment in connection with a procurement by the City. (3510-10/01)
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i
'-1
Huntington Beach Municipal Code 3.02.010--3.02.050
Chapter 3.02
PURCHASING DIVISION
(2259-2f78,2433-7/80.2464-12/80,3144-9/92,3316-1/96,3322-3/96)
Sections:
3.02.010 Established
3.02.020 Officer--Duties
3.02.030 Officer--Exemptions from centralized purchasing
3.02.040 Procedures
3.02.050 Purchase of supplies, equipment and services
3.02.060 Equipment leases
3.02.070 Formal bidding procedure
3.02.080 Bidder's security
3.02.090 Bid opening procedure
3.02.100 Bid rejection
3.02.110 Award of bid
3.02.120 Repealed, Ord. 2259=2f7&-
3.02.130 Performance bonds
3.02.140 Informal bidding procedure
3.02.150 Bids--Minimum number
3.02.160 Bids--Record retention
3.02.170 Inspection and testing of equipment and services
3.02.180 Surplus supplies and equipment
3.02.190 Exempt and emergency procurements
3.02.200 Disqualification of vendors
3.02.010 Established. The Purchasing Division of the Administrative Services Department is
established for the purpose of providing for centralized purchasing of all supplies, services and
equipment for the various agencies of the City. (2259-2f78,2464-12/80)
3.02.020 Officer--Duties. The Chief of Administrative Services shall direct the activities of the
Purchasing Division. The Purchasing Officer shall be responsible to the Chief of Administrative
Services. The Purchasing Officer shall enjoy all fringe benefits enjoyed by department heads.
(2259-2f78,2464-12/80)
3.02.030 Officer--Exemption from centralized purchasin-z. The Chief of Administrative
Services may authorize in writing any agency to purchase or contract for specified supplies,
services and equipment independently of the Purchasing Division; but he shall require that such
purchases or contracts be made in conformity with the procedures established by this chapter, and
shall further require periodic reports from the agency on the purchases and contracts made under
such written authorization. ,(2259-2r78,2464-12/80). -
3.02.040 Procedures. Purchase of supplies, services, equipment and the sale of surplus personal
property shall be by procedures'provided for in this chapter. (2259-W8)
3.02.050 Purchase of supplies, equipment and services. The Chief of Administrative Services
may enter into contracts and issue purchase order for the purchase of supplies, services and
equipment in the following circumstances: (2259-2n8,2464-12/80,3322-1/96)
(a) Budgeted Purchases. There exists an unencumbered appropriation in the fund account against
which the purchase is to be charged; or (3322-1/96)
(b) Pett•yccash. The purchase, reimbursement or allowance does not exceed five hundred dollars
($500.00), in which case the purchase may be directed to the finance division for payment or
reimbursement by petty cash. (3322-1/96)
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1 e
3.02.060-3.02.110 Huntington Beach Municipal Code
3.02.060 Equipment leases. Upon approval of the City Attorney, the Chief of Administrative
Services may enter into contracts to lease equipment in the following circumstances: (2259-ens,
2464-12/80,3322-3196)
(a) Budgeted leases. There exists an unencumbered appropriation in the fund account for the
amount of the lease payments for the current fiscal year. (3322-3196)
(b) The annual budget for the fiscal year in which the lease is or was entered into provides that:
(3322-3/96)
(i) The equipment may be leased; (3322-3196)
(ii) The useful life of the equipment; (3322-3/96)
(iii)The lease term; (3322-3/95)
(iv)The annual lease payment; and (3322-3/96)
(v) The interest rate." (3322-3/96)
3.02.070 Formal bidding procedure. Except as otherwise provided in this chapter, purchase of
supplies, services, or equipment of estimated value greater than fifteen thousand dollars ($15,000)
shall be by competitive written bid, and shall be awarded pursuant to the procedures prescribed in
this chapter. The Chief of Administrative Services shall solicit bids in writing from prospective
vendors and may employ such other means as are calculated to ensure the maximum participation
by qualified vendors in the bid competition. (2259-2n8,246a-1v80,3316-1196)
3.02.080 Bidder's security. In procurements where competitive bidding is utilized, the Chief of
Administrative Services may prescribe in his notice that each such bid be accompanied by a cash
deposit not to exceed 25 percent of the amount of bid. Unsuccessful bidders shall be entitled to
return of his security upon awards to another. A successful bidder shall forfeit his bid security
upon his refusal or failure to execute the contract within ten(10) days after the notice of award of
contract has been mailed, unless the City is responsible for the delay. The Chief of Administrative
Services may, upon default by refusal or failure of the successful bidder to execute the contract,
award the contract to the next lowest responsible bidder. In such case, the amount of the original
lowest bidder's security may be applied to the difference between the low bid and the second
lowest bid, and the remainder, if any, shall be returned to the defaulting original lowest bidder.
(2259-2r78,2464-12/80)
3.02.090 Bid openinL, procedure. Bids shall be submitted to the Chief of Administrative
Services in a sealed envelope and shall be identified as such on the outside cover. .Envelopes
designated as bids shall be opened in public at the time and place stated in the request for
quotation. A tabulation of all bids tendered shall be open for public inspection during regular
business hours for a period or not less than thirty (30) calendar days after the award. (2259-2w,
2464-12/80)
3.02.100 Bid reiection. For good cause appearing, the Chief of Administrative Services may
reject any or all bids tendered. He may waive the informality of any bid presented to him. (2259-
2178,2464-12180)
3.02.110 Award of bid. The award shall be to the lowest acceptable and responsible bidder
except as otherwise provided herein. Award may be by item, if the Chief of Administrative
Services deems such manner of award to be in the best interests of the City. Except as expressly
required by City Charter, in the case of informal or formal bid submitted by a local bidder, the
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Huntington Beach Municipal Code 3.02.110--3.02.190(a)(3)
Chief of Administrative Services shall, for the purposes of bid comparison only, reduce the
amount of said bid by 1% for that part of the purchases upon which the City will pay sales tax. If
tie low bids result from this reduction, quality and service being equal, the contract shall be
awarded to a local bidder. The one (1%) adjustment is afforded to local vendors to recognize
sales tax reimbursements to the City on such purchases. A "Local Bidder", as that term is used
herein, shall be defined as a firm or individual who regularly maintains a place of business and
transacts business in, or maintains an inventory of merchandise for sale in, and is licensed by,or.. .'
pays business taxes to, the City of Huntington Beach. (2259-2n8,2464-1v80;3144-9/92)
3.02.130 Performance bonds. The Chief of Administrative Services shall have authority to
require a performance bond before making any award or entering into any contract in such
amount as he shall find reasonably necessary to protect the best interests of the City. If the Chief
of Administrative Services requires a performance bond, the form of the acceptable bond and
amount thereof shall be described in the notices inviting bids. (2259-2/78,2464-1v80)
3.02.140 Informal bidding procedure. Purchasing of supplies, equipment and contractual
services of an estimated value in the amount of fifteen thousand dollars ($15,000) or less may be
made without observing the competitive bid requirement prescribed in section 3.02.070, but shall
be subject to the minimum bid requirement of this chapter wherever practicable. (2259-2/78,
2464-12/80,3316-1/96)
3.02.150 Bids--Minimum number. All purchases and procurements, excepting open market
purchases, as defined in section 3.02.190, shall, wherever possible, be based on at least three (3)
bids or quotations. (2259-2/78,2464-12/80)
102.160 Bids—Records retention. The Chief of Administrative Services. shall keep a record of
all purchases and procurements for a period of one year after the submission of the bid;including
a record of all sources contacted and their responses, if any. (2259-2n8,2464-12/80)
3.02.170 Inspection and testing of equipment and services. The Chief of Administrative
Services may inspect supplies and equipment delivered and contractual services performed to
determine their conformance with the specifications set forth in the order or contract. The Chief
of Administrative Services shall have authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine their quality and
conformance with specifications. (2259-2l78,2464-12/80)
3.02.180 Surplus supplies and equipment. All using agencies shall submit to the Chief of
Administrative Services, at such times and in such form as he shall prescribe, reports showing all
supplies and equipment which are no longer used or which have become obsolete or worn out.
The Chief of Administrative Services shall have authority to sell all supplies and equipment which
cannot be used by any agency or which have become unsuitable for City use, or to exchange the ..
same for, or trade in the same on, new supplies and equipment. :(2259-2rra,2464-12/80)
3.02.190 Exempt and emergeriev procurements. The following purchases and procurements
are exempted from the requirements of this chapter:
(a) Emerp-ency purchases and procurements. An emergency shall be deemed to exist if.
(1) There is a great public calamity;
(2) There is immediate need to prepare for national or local defense;
(3) There is a breakdown in machinery or an essential service which requires an immediate
procurement in order to safeguard the public health, safety or welfare;
3/96
3.02.190(a)(4)--3.02.200 Huntington Beach Municipal Code
(4) An essential, departmental operation affecting the public health, safety or welfare would
be greatly hampered if the prescribed procurement procedure would cause an undue delay
` in the procurement of the needed service.
In case.of an emergency which requires.the immediate procurement of a commodity or.
service, the City.Administrator may authorize the Chief of Administrative Services to secure
by the open-market procedure, at the lowest obtainable price, any service or commodity
regardless of the amount of the expenditure. A full report of the circumstances of all
emergency purchases shall be submitted to the City Administrator.
(b) Interagency purchase agreements. Procurements utilizing purchasing agreements
maintained by other public agencies for the provision of services or supplies to such agencies
are exempt from the requirements of this chapter.
(c) Sole-source procurements. In those cases where the procurement of any product or supply
is obtainable only from a single or sole source, the Chief of Administrative Services, upon
approval of the City Administrator, and with the assistance of the City Attorney or his
designee, shall negotiate with the pun-eyor of such equipment, product, supply or service, to
the end that the City receives the desired product, equipment, service or supply on fair and
equitable terms. Purchases from regulated public utilities may be made pursuant to applicable
tariff without regard to this section.
(d) Open market and catalog purchases. Open market or catalog purchases and procurements
of supplies or services are exempt from the requirements of this chapter when the estimated
value of the items or services to be procured is five thousand dollars ($5,000) or less.(3316-1i9t 1
(e) Competitive bidding preference. Competitive bidding is the City's preferred method of
procurement; however, in any procurement situation where it appears that the interests of the
City would be better served by utilizing an alternative method of procurement, the Chief of
Administrative Services may, with the prior written approval of the City Administrator,
proceed to utilize an alternative procedure. "Alternative procedure, " as the term is used
herein, includes but is not limited to contract award after negotiation between representatives
of the City and one or more prospective vendors.
(f) Public works construction contracts. Those public works construction contracts, and the
separate procurement of materials and supplies therefor, that are governed by other applicable
laws, including but not limited to the City Charter. (2259-2r78,2433-7/80,246412/80)
3.02.200 Disqualification of vendors. The Chief of Administrative Services may, for good .
cause appearing, decline to accept offers, bids or quotations from prospective vendors. A vendor
whose offer, bid or quotation has been declined shall have the right to appeal such decision of the
Chief of Administrative Services to the City Administrator within a reasonable time after demand
made in writing to the Chief of Administrative Services to accept the proffered bid, offer or
quotation. (2259-2176,2464-12/s0)
3/96
i
HUNTING TON BEACH
L.MUNICIPAL CODE UPDATES
(Effective October 4, 2001 )
Please Remove from Co7— Table
Please Add to Code
Table of Contents Page of Contents Page v
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Rebecca Ross, Deputy City Clerk, Records Division
(714) 536-5210
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
TITLE 14 (continued)
14.18 Water Management Program
14.20 Water Main Extensions
14.24 Water Pollution
14.25 Storm Water and Urban Runoff Management
14.26 Construction and Abandonment of Water Wells
14.36 Sewer System Service Connections, Fees and Deposits
14.44 Sewer Main Extensions
14.48 Drainage
14.52 Water Efficient Landscape Requirements
14.54 Sewer Service User Charge
14.55 Rates, Charges, Annual CPIU Adjustment, and Billing Methodology for the Sewer
Service User Charge
TITLE 15- OIL
15.04 General Provisions
15.08 Definitions
15.12 Permits and Fees
15.16 Insurance
15.20 Drilling, Operation and Safety Regulations
15.22 Screening and Landscaping
15.24 Cleanup and Maintenance
15.28 Waste Water System
15.32 Nonproducing and Idle Wells
15.36 Nuisance Oil Wells and Sites
15.40 Activation of Idle Wells
15.50 Consolidation Projects
TITLE 16 - RESERVED
TITLE 17 - BUILDINGS AND CONSTRUCTION
17.02 Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Huntington Beach Nuisance Code
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy Code
17.64 Undergrounding of Utilities
17.65 Fair ShareTraffic Impact Fee
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants of Easement
TITLE 18 - RESERVED
v
10101
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective October 4, 2001 )
Please Remove from Code Please Add to Code
Chapter 5.66 Chapter 5.66
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
,�;�•,,�•..,r.� '� :B"° ,.. �� �&"•'*.>,�"���.�.' :� - - 'g ,Wiz_'' '..."�� :,�." -� ,;a.•,
° M ^rarer° :a1CoatecsaValablecrz.. ; lrerr : Ec
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 5.66.010-5.66.020(b)(4)
Chapter 5.66
POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE
' (Urg.Ord.2445-7/80,2789-9/85,3269-1/95,3330-6/96,3395-8/98,3481-1/01,3503-10/01)
Sections:
5.66.010 Scope of chapter
5.66.020 Towing operation defined
5.66.030 Agreement required
5.66.035 Agreement- Terms and Conditions .
5.66.170 Rates and charges--Signs--Change of
5.66.310 Violation--Penalty
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and
businesses providing nonconsensual police-directed vehicle tow service which is directed by the
Huntington Beach Police Department whether established before or after the effective date
hereof. (Urg.Ord.2445-7180,2789-9/85,3330-6196,3481-1/01,3503-10101)
5.66.020 Towing operation defined.
(a) As used in this Chapter, "towing operation" means the activity of towing and storing of
vehicles, and the performance of other services incident thereto, for compensation within the
city of Huntington Beach which is directed by the Huntington Beach Police Department
without the consent of owner(s) of the vehicle at the direction of the Huntington Beach Police
Department. Such towing shall include: (3330-6/96,3481-1/01,3503-10/01)
(1) Any official police impound garage and towing service, as designated the City Council or
its designee. (3330-6/96,3503-10/01)
(2) Any police directed tow, including but not limited to any tow from the scene of an
accident, arrest, or issuance of a citation; (3330-6/96,3481-1101)
(b) The provisions of this Chapter shall not apply to any towing operation: (333o-6/96,3481-1/01,3503-
10/01)
(1) That provides tow service exclusively to members of an association, automobile club or
similar organization, and receives remuneration only from the sponsoring association,
automobile club or similar organization; (3330-6/96)
(2) That provides tow service without charge or fee for other vehicles owned or operated by
the individual or organization furnishing tow service; (3330-6196)
(3) That provides tow service for other vehicles owned or operated by the individual or
organization furnishing the tow service, but which are being operated under terms of a
rent or lease agreement or contract, and such towing is performed on a nonprofit basis or
said fee is a part of the rent or lease agreement or contract;(333o-&%)
(4) That provides exclusively consensual, nonemergency towing assignments which include
towing of vehicles that have been involved in a collision, but have been removed from the
scene; that have experienced mechanical failure, but have been removed from the roadway
and no longer constitute a hazard; or that, being mechanically operative, are towed for
convenience. All nonemergency towing assignments require authorization from the
registered owner, legal owner, driver, or other person in control of such vehicle, and/or
(Urg.Ord.2445-7/80,2789-9/85,3330-6196,3481-01)
5.66.020(b)(5)-5.66.310 Huntington Beach Municipal Code
(5) That provides tow service without the implied or express consent or knowledge of the
owner(s) of the vehicle which is not directed by the Huntington Beach Police Department,
including but not limited to towing initiated pursuant to California Vehicle Code Section
22658(a)[illegal parking on privated property] and Section 22953(b)[illegal parking within
15 feet of a fire hydrant, in a fire lane, or in a stall designated for disabled person parking]
and any similar or successor statutes. (3481-1/01,3503-10/01)
5.66.030 Agreement required. No person shall engage in, manage, conduct or operate a
towing operation as an official police impound garage and towing service or perform a police-
directed tow unless said person is either employed by or under an agreement with the City to
provide said services. The City Council shall approve any such agreement or amendment thereto.
(Urg.Ord.2445 7/80,2789-9/85,3503-10/1)
5.66.035 Agreement- Terms and Conditions. The City shall select the persons or business(es)
that provide police impound garage and towing services pursuant to an open bidding procedure.
The selection procedure and standards shall provide at a minimum that: (3503-10/01)
(a) No more than three persons or businesses entities shall be awarded agreements. (35w-1o/o1)
(b) City shall use its best efforts to assign requests for towing services on the 15'h and last day of
the month on a rotating schedule. (3503-10/01)
(c) The Tow Operator shall be required to respond to the location specified in a call for service
within twenty(20) minutes after notification at least 95% of the time. (3503-10/01)
(d) The Tow Operator shall maintain a tow storage yard within the City limits. (3503-10/01)
(e) Tow Operator shall meet all insurance requirements as established by Resolution of the City
Council, in addition to insurance requirements as set forth in the Agreement. (3503-1o/o1)
(f) The Agreement will be for a term of no more than five years subject to an option for five
additional years. (3503-10/01)
5.66.170 Rates and charges--Signs--Change of.
(a) Rates and charges for all tows and vehicle storage shall be established by Resolution of the
City Council of the City of Huntington Beach. Written notice of proposed changes shall be
mailed to the affected tow services a minimum of forty-five (45) days prior to the date set for
City Council approval by the Chief of Police or his designee. (3395-8/98,3503-10/01)
(b) No tow or storage fee charged shall be higher than the fees authorized by Resolution of the
City Council. (3395-8/98,3503-1o/o1)
5.66.310 Violation--Penalty. Any person violating any provision of this chapter shall be guilty
of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of not more than
five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six(6)
months, or by both such fine and imprisonment, and each such person shall be guilty of a separate
offense for each and every day or portion thereof during which any violation of any of the
provisions of this chapter is committed, continued, or permitted. (Urg.Ord.2445-7/80,2789-9/85)
10/01
Huntington Beach Municipal Code 5.66.010--5.66.020(a)(2)
Chapter 5.66
POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE
(Urg.Ord.2445-7/80,2789-9/85,3269-1/95,3330-6/96,3395-8/98,3481-1/01)
Sections:
5.66.010 Scope of chapter
5.66.020 Towing operation defined
5.66.030 Towing operation--Permit required
5.66.040 Application for towing operation permit--Fee
5.66.050 Denial of towing operation permit
5.66.060 Tow unit operators--Permit required
5.66.070 Tow unit operators--Identification card
5.66.080 Application for tow unit operator permit--Fee
5.66.090 Denial of tow unit operator permit
5.66.100 Insurance required
5.66.110 Business location
5.66.120 Towing authorization
5.66.140 Itemized statement--When required
5.66.150 Vehicle repair or alteration--When permitted
5.66.160 Release of vehicle
5.66.170 Rates and charges--Signs--Change of
5.66.180 Permits--Nontransferable
5.66.190 Change of ownership
5.66.200 Change of ownership--Application fee
5.66.210 Change of ownership--Action on
5.66.220 Permit for each location required
5.66.230 Change of location
5.66.240 Permit renewal
5.66.250 Towing service--Permit denial--Appeal
5.66.260 Permit suspension and revocation
5.66.270 Suspension or revocation--Grounds for
5.66.280 Appeal procedure
5.66.290 Appeal--Hearing
5.66.300 New application after denial or revocation
5.66.310 Violation--Penalty
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and
businesses providing nonconsensual vehicle tow service which is directed by the Huntington
Beach Police Department whether established before or after the effective date hereof. (Urg.Ord.
2445-7/80,2789-9/85,3330-6/96,3481-1/01)
5.66.020 Towing_ operation defined.
(a) As used in this chapter, "towing operation" means the activity of towing and storing of
vehicles, and the performance of other services incident thereto, for compensation within the
city of Huntington Beach which is directed by the Huntington Beach Police Department
without the consent of owner(s) of the vehicle. Such towing shall include: (3330-6/96,3481-1/01)
(1) Any official police impound garage and towing service, designated by resolution of the
City Council. (3330-6/96)
(2) Any police directed tow, including but not limited to any tow from the scene of an
accident, arrest, or issuance of a citation; (3330-6/96,3481-1/01)
1/01
5.66.020(b)--5.66.040(d) Huntington Beach Municipal Code
(b) The provisions of this chapter shall not apply to any towing operation: (3330-6/96,3481-1/01)
(1) That provides tow service exclusively to members of an association, automobile club or
similar organization, and receives remuneration only from the sponsoring association,
automobile club or similar organization;(3330-6/96)
(2) That provides tow service without charge or fee for other vehicles owned or operated by
the individual or organization furnishing tow service;(3330-6/96)
(3) That provides tow service for other vehicles owned or operated by the individual or
organization furnishing the tow service, but which are being operated under terms of a
rent or lease agreement or contract, and such towing is performed on a nonprofit basis or
said fee is a part of the rent or lease agreement or contract;(3330-6/96)
(4) That provides exclusively consensual, nonemergency towing assignments which include
towing of vehicles that have been involved in a collision, but have been removed from the
scene; that have experienced mechanical failure, but have been removed from the roadway
and no longer constitute a hazard; or that; being mechanically operative, are towed for
convenience. All nonemergency towing assignments require authorization from the
registered owner, legal owner, driver, or other person in control of such vehicle, and/or
(Urg.Ord.2445-7/80,2789-9/85,3330-6/96,3481-01)
(5) That provides tow service without the implied or express consent or knowledge of the
owner(s) of the vehicle which is not directed by the Huntington Beach Police Department,
including but not limited to towing initiated pursuant to California Vehicle Code Section
2265 8(a)[illegal parking on privated property] and Section 22953(b)[illegal parking within
15 feet of a fire hydrant, in a fire lane, or in a stall designated for disabled person parking]
and their successor statutes. (3481-1/01)
5.66.030 Towing operation--Permit required. No person shall engage in, manage, conduct or
operate a towing operation without a written permit from the Chief of Police. (Urg.Ord.2445-7/80,
2789-9/85)
5.66.040 Application for towing operation permit--Fee. An application for a towing
operation permit shall be filed with the Chief of Police on forms furnished by him, shall be
accompanied by a fee set by resolution of the City Council, and shall contain the following
information:
(a) The name, date of birth, driver's license number, business and residence addresses of the
applicant, if a natural person; or if a 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;
(b) A description of each tow truck or other vehicle proposed to be used by the applicant,
together with engine number, vehicle identification number, and state vehicle license number
thereon;
(c) The names, dates of birth, addresses and drivers' license numbers of all tow truck operators
employed by the applicant;
(d) The business, occupation, or employment history of the applicant for three (3)years
immediately preceding the date of the application, including if applicable, the business license
and permit history while operating as a tow service;
1/01
Huntington Beach Municipal Code 5.66.040(e)--5.66.080(b)
(e) All criminal convictions or proceedings in which a plea of guilty or nolo contendere was
- entered, including vehicle code violations;
(f) Such other identification and information reasonably necessary for the Chief of Police to carry
out the purposes of this chapter. (Urg.Ord.2445-7/80,2789-9/85)
5.66.050 Denial of towing operation permit. The Chief of Police, or his designee, shall cause
an investigation of the applicant, and the application for a permit may be denied on any of the
following grounds:
(a) The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity;
(b)The applicant has not completed all portions of the application.
(c) The applicant is a person under the age of eighteen (18) years;
(d) The applicant has made a material misrepresentation in the application;
(e) The applicant, his agent or employee, or any person connected or associated with the
applicant as partner, director, officer, stockholder, associate, or manager has committed or
aided or abetted in the commission of any act, or act of omission, which if committed by a
permittee would be grounds for suspension or revocation of a permit;
(f) The towing service, as proposed by the applicant, does not comply with all applicable laws
including, but not limited to, health, zoning, fire and safety requirements and standards.
(Urg.Ord.2445-7/80,2789-9/85)
5.66.060 Tow unit operators--Permit required.
(a) No person shall operate or drive a tow unit without a written permit from the Chief of Police.
(b) No person shall be employed as a tow unit operator until such time as said person has
received a written permit from the Chief of Police to act as a tow unit operator.
(Urg.Ord.2445-7/80,2789-9/85)
5.66.070 Tow unit operators--Identification card. Every person directly engaged in the
operation of a tow unit shall carry on his person at all times while so engaged, an identification
card, issued by the Police Department, identifying the bearer as a tow unit operator, and shall
display such card to any police officer upon request. The identification card shall bear the name,
physical description, business address, and photograph of the permittee, and the name and address
of the garage employing the permittee.
The identification card shall be returned to the Police Department immediately upon suspension,
revocation or termination of employment. (Urg.Ord.2445-7/80,2789-9/85)
5 66 080 Application for tow unit operator permit--Fee. An application for a tow unit
operator permit shall be filed with the Chief of Police on forms furnished by him, shall be
accompanied by a fee, set by resolution of the City Council, and shall contain the following
information:
(a) The name, date of birth, driver's license number, residence address, and the name and address
of his employer;
(b) The business, occupation, or employment history of the applicant for three (3) years
immediately preceding the date of the application, including permit history, if any, as a tow
unit operator;
v01
5.66.080(c)--5.66.130(c) Huntington Beach Municipal Code
(c) All criminal convictions or proceedings in which a plea of guilty or nolo contendere was
entered, including vehicle code violations;
(d) Such other identification and information reasonably necessary for the Chief of Police to carry
out the purposes of this chapter. (urg.Ord.2445-7/80,2789-9/85)
5.66.090 Denial of tow unit operator permit. The Chief of Police, or his designee, shall cause
an investigation of the applicant, and the application for a permit may be denied on any of the
following grounds:
+ (a) The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity;
(b) The applicant is a person under the age of eighteen (18)years;
(c) The applicant has made a material misrepresentation in his application;
(d) The applicant has not completed all portions of the application.
(e) The applicant has committed or aided or abetted in the commission of any act, or act of
omission, which if committed by a permittee would be grounds for suspension or revocation
of a permit;
(f) The applicant does not possess a valid California driver's license. (2789-9/85)
5.66.100 Insurance required. Before an application for a permit to operate a towing operation
will be issued or renewed, the applicant must furnish the Chief of Police, or his designee, a
certificate of insurance, written by an insurance company admitted to do business in this state, in
minimum amounts established by resolution of the City Council, and approved as to form by the
City Attorney. (urg.Ord.2445-7180,2789-9/85)
5.66.110 Business location. Any person conducting a towing operation shall maintain a physical
location from which his business is conducted. Such physical location shall provide an office with
an adjacent yard for vehicle storage, approved by the Chief of Police, or his designee, prior to a
permit being issued. (urg.Ord.2445-7/80,2789-9/85)
5.66.120 Towing authorization. A permittee shall not attach a vehicle to a tow unit without
first receiving written authorization to do so by the registered owner, legal owner, driver, or other
person in control of said vehicle. Such authorization shall list the services offered and the rates
and charges required therefor. A copy of such authorization shall be furnished to the person
authorizing the tow, and shall list the name, address and telephone number of the towing
operation business and the days and hours the business is open for release of vehicles. Such copy
shall also be signed by the tow unit operator performing the authorized service. (urg.Ord.2445-7/80,
2789-9/85)
5.66.140 Itemized statement--When required. A permittee hereunder shall furnish to the
person authorizing the towing service, or his agent, an itemized statement of services performed,
including labor and special equipment used in towing the vehicle and the charges made therefor
upon the request of:
(a) The registered owner; or
(b) The legal owner; or
r-"\
(c) The insurance carrier of either(a) or (b); or
(d) The duly authorized agent of any of the foregoing.
1/01
Huntington Beach Municipal Code 5.66.140(d)--5.66.190(d)
The permittee shall furnish a copy of such statement to any person authorized to receive the same
without demanding payment as a condition precedent. (urg.Ord.2445-7/80,2789-9/85)
5.66.150 Vehicle repair or alteration--When permitted. No permittee shall make any repairs
or alterations to a vehicle without first being authorized by(a) the registered owner; or (b) the
legal owner; or(c) the insurance agent of either(a) or(b); or (d) the authorized agent of any of
the foregoing. Parts or accessories shall not be removed from any vehicle without authorization
except as necessary for security purposes. Under such circumstances, the parts or accessories
removed shall be listed on the itemized statement and stored in the business office. This section
shall not be construed as prohibiting permittees from making emergency alterations necessary to
permit the removal by towing of such vehicle. (urg.Ord.2445-7/80,2789-9/85)
5.66.160 Release of vehicle. A tow operation permittee shall provide for release of vehicles
Monday through Friday from 8 a.m. to 5 p.m., excluding officially recognized holidays.
Permittees may additionally release vehicles on other days and hours. (3395-8/98)
Upon application to the Chief of Police, or his designee, and a showing of hardship by the
permittee, an adjustment in the days and hours during which vehicles may be released may be
made.
5.66.170 Rates and charges--Signs--Change of.
(a) Rates and charges for all tows and vehicle storage shall be established by resolution of the
City Council of the City of Huntington Beach. Written notice of proposed changes shall be
mailed to the affected tow services a minimum of forty-five (45) days prior to the date set for
City Council approval by the Chief of Police or his designee. (3395-8/98)
(b) A tow operation permittee shall post and maintain a list of the rates and charges for all
services offered, placed conspicuously in the office or any location where customer financial
transactions take place. Such list shall have letters a minimum of one (1) inch high with one
quarter inch stroke on a background of contrasting color. (3395-8/98)
(c) No tow or storage fee charged shall be higher than the fees authorized by resolution of the
City Council. (3395-8/98)
5.66.180 Permits--Nontransferable. Permits shall not be transferable except as hereinafter
provided. (urg.ord.2445-7/80,2789-9/85)
5.66.190 Change of ownership. When a towing operation for which a permit has been issued is
sold or transferred to one of the transferees listed in this section, the Chief of Police, or his
designee, may endorse a change of ownership on such permit upon written application by the
transferee. Only the following transferees or successors shall be entitled to such transfer of
permit:
(a) Duly qualified representatives of permittees regularly appointed by courts of competent
jurisdiction, assignees for the benefit of creditors, and spouses or children of deceased
permittees.
(b) The surviving partner or partners of a dissolved partnership.
(c) A new partnership consisting of the members of a predecessor partnership, plus their spouse
or spouses of any such members.
(d) A new corporation, organized and controlled by an individual or unincorporated permittee for
the purpose of acquiring, or which has acquired the assets of the business previously owned
and operated by such permittee.
1/01
5.66.190(e)--5.66.270(b) Huntington Beach Municipal Code
(e) Upon dissolution of a closely held corporation, the stockholders to whom the assets are
distributed. (urg.Ord.2445-7/80,2789-9/85)
5.66.200 Change of ownership--Application fee. A transferee or successor entitled to a
transfer of permit must file an application for such transfer with the Chief of Police within thirty
(30) days after he assumes control of the towing operation. The Chief of Police may require such
evidence of the transfer of ownership or control as he deems necessary. A fee equal to 20 percent
of the original fee for the permit shall accompany the application. (urg.Ord.2445-7/80,2789-9/85)
5.66.210 Change of ownership--Action on. The Chief of Police shall transfer the permit to an
applicant entitled to such transfer if he finds that the transfer will not adversely affect the peace,
health, safety, convenience and general welfare of the public, and the transferee possesses the
qualifications required of original applicants. (urg.Ord.2445-7/80,2789-9/85)
5.66.220 Permit for each location required. No tow operation permittee shall conduct a
towing operation at a location other than the location specified in the permit. (urg.Ord.2445-7/80,
2789-9/85)
5.66.230 Change of location. Where no conflict exists with the city's zoning regulations or
other provisions of this code, a change of location may be endorsed on a permit by the Chief of
Police, or his designee, upon written application by a permittee, accompanied by a change of
location fee in a sum set by resolution of the City Council. (urg.Ord.2445-7/80,2789-9/85)
5.66.240 Permit renewal. Permits for towing operations and tow unit operators may be
renewed on a year-to-year basis provided that the permittees continue to meet the requirements
contained in this chapter. The renewal fee for a towing operation and for a tow unit operator
shall be set by resolution of the City Council. (2789-9/85)
5.66.250 Towing service--Permit denial--Appeal. If the Chief of Police, following
investigation of the applicant, finds that the applicant does not meet the requirements set forth in
this chapter, he shall deny the application and notify the applicant by certified mail of such denial.
Any applicant who is denied a permit by the Chief of Police may appeal such denial to the City
Administrator, pursuant to the provisions of this chapter. (2789-9/85)
5.66.260 Permit suspension and revocation. The Chief of Police, or his designee, may, based
on evidence that any provision of this chapter has been violated, suspend or revoke a permit. The
permittee shall be provided with written notice by first class mail, postage prepaid, of such
suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen(15)
days of the date of mailing of the notice of denial, suspension or revocation. In the event an
appeal is timely filed, the suspension or revocation shall not take effect until final decision has
been rendered by the City Administrator, or his designee, unless permittee has requested a
continuance, as provided elsewhere in this chapter. If no appeal is filed, the suspension or
revocation shall become effective upon expiration of the period for filing appeals. (urg.Ord.2445-7/80,
2789-9185)
5.66.270 Suspension or revocation--Grounds for. It shall be grounds for suspension or
revocation of a permit, issued under the provisions of this chapter, if any permittee, his agent or
employee or any person connected or associated with the permittee as partner, director, officer,
stockholder, general manager, or person who is exercising managerial authority of or on behalf of
the permittee has:
(a) Knowingly made any false, misleading or fraudulent statement of a material fact in an
application for a permit, or in any report or record required to be filed with the Police
Department; or
(b) Violated any provision of this chapter or of any statute relating to his permitted activity; or
1/01
Huntington Beach Municipal Code 5.66.270(c)--5.66.280(a)
(c) Been convicted of a felony or any crime involving theft or embezzlement; or
(d) Committed any act constituting dishonesty or fraud; or
(e) Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a
towing operation business; or
(f) Published, uttered or disseminated any false, deceptive or misleading statements or
advertisements in connection with the operation of the towing service; or
(g) Violated any rule or regulation adopted by the City Council relating to permittee's business or
activity; or
(h) Willfully failed to comply with the terms of any contract made as a part of the exercise of the
towing operation; or
(i) Conducted the towing operation in a manner contrary to the peace, health, safety and general
welfare of the public; or
(j) Operated a tow unit without a valid California driver's license, or when such license has been
suspended or revoked; or
(k) The permittee, his agents or employees, obtained a tow contract by use of fraud, trick,
dishonesty or forgery; or
(1) The permittee, his agents or employees, stopped and solicited on any street, highway or other
public thoroughfare the rendering of assistance to a person or disabled vehicle without first
being requested to do so except to render emergency aid when there exists an imminent peril
to life or property; or
(m)The permittee, his agents or employees, towed a vehicle to a location other than listed as the
business address of such permittee without first receiving authorization to do so by the person
authorizing the tow; or
(n) The permittee, his agents or employees, after towing a vehicle to the business location of
permittee without authorization, towed such vehicle to another location for storage; or
(o) The permittee, his agents or employees, have conspired with any person to defraud any owner
of a vehicle, or any insurance company, or any other person financially interested in the
charges for towing or storage of a vehicle, by making false or deceptive statements relating to
such towing or storage; or
(p) The permittee, his agents or employees, removed a vehicle involved in a collision prior to
arrival of police, and a person, as a result of such collision, suffered death or injury; or the
driver of an involved vehicle, or a party to such collision, was under the influence of a drug or
intoxicant of any nature; or there is evidence that such vehicle was involved in a hit-and-run
collision; or
(q) The permittee, his agents or employees, has charged for services not performed, equipment
not employed or used, services or equipment not needed, or has otherwise materially
misstated the nature of any service performed or equipment used. (urg.Ord.2445-7/80,2789-9/85)
5.66.280 Appeal procedure.
(a) The City Administrator, or his designee, shall schedule a hearing to be held within fifteen(15)
days after the filing of the notice of appeal.
1/01
5.66.280(b)--5.66.310 Huntington Beach Municipal Code
(b) Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten
(10) days prior thereto to the permittee at the address given in the notice of appeal, or if none
is provided, to the address set forth in the permit application. /
(c) The City Administrator, or his designee, in his sole discretion, may grant or deny
continuances; may dissolve stays of pending orders of denial, suspension or revocation; and
may appoint outside Hearing Officers.
(d) The City Administrator, or his designee, shall determine, after consideration of all evidence
presented, whether a permit should be issued, reinstated, suspended or revoked. The decision
of the City Administrator, or his designee, shall be final.
(e) The City Administrator shall establish written administrative regulations implementing the
provisions of this section. (2789-9185)
5.66.290 Appeal--Hearing. The following rules of evidence shall apply:
(a) Oral evidence shall be taken only under oath or affirmation. The Hearing Officer shall have
authority to administer oaths, and to receive and rule on admissibility of evidence.
(b) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to
cross-examine opposing witnesses who have testified under direct examination. The Hearing
Officer may call and examine any witness.
(c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for
herein. Any relevant evidence may be admitted if it is material and is evidence customarily
relied upon by responsible persons in the conduct of their affairs regardless of the existence of
any common law or statutory rule which might make admission of such evidence improper
over objection in civil actions. Hearsay testimony may be used for the purpose of
supplementing or explaining any evidence given in direct examination, but shall not be
sufficient in itself to support a finding unless such testimony would be admissible over
objection in civil actions. The rules of privilege shall be applicable to the extent that they now,
or are hereafter permitted in civil actions; and irrelevant, collateral, undue, and repetitious
testimony shall be excluded. (2789-9/85)
5.66.300 New application after denial or revocation. When the permit of any person is
revoked or denied for cause, no new or other application for a permit from the same person shall
be accepted within one (1)year after such revocation or denial unless the applicant can show a
material change in his situation which would justify the issuance of such permit. (urg.ord.2445-7/80,
2789-9/85)
5.66.310 Violation--Penalty. Any person violating any provision of this chapter shall be guilty
of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of not more than
five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six(6)
months, or by both such fine and imprisonment, and each such person shall be guilty of a separate
offense for each and every day or portion thereof during which any violation of any of the
provisions of this chapter is committed, continued, or permitted. (urg.ord.2445-7/80,2789-9/85)
1101
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 4, 2001 )
Please Remove from Code Please Add to Code
Chapter 14.54
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
-a �U�UtVlcrnrcr` a� Cocrsauaraleorfhe::rterne:
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
4
J
Huntington Beach Municipal Code 14.54.010-14.54.130(g)
Chapter 14.54
SEWER SERVICE USER CHARGE
(3504-10/01)
Sections:
14.54.010 Short Title
14.54.020 Intent and Purposes
14.54.030 Definitions
14.54.040 Establishment of a Sewer Service User Charge
14.54.050 Sewer Service Fund Created
14.54.060 Setting of Sewer Service User Rates and Charges
14.54.070 Annual Program Review
14.54.080 Billing of Sewer Service User Charges
14.54.090 Payment and Collection of Sewer User Charges
14.54.100 Exemptions
14.54.110 Sewer Service User Charge Adjustments and Appeals Process
14.54.120 Refund of Sewer Service User Charge
14.54.130 Preparation of Administrative Implementation Guidelines
14.54010 Short Title This Chapter of the Municipal Code may be cited as the "Sewer Service User Charge"
Ordinance.
14.54.020 Intent and Purposes Pursuant to California Health &Safety Code Section 5470 et. Seq., the City is
authorized to adopt fees and charges for the acquisition, construction, reconstruction, maintenance, and operation
of sewerage facilities. This Chapter is intended to ensure that sufficient revenues are collected to adequately
acquire, construct, reconstruct,maintain,and operate the City's needed sewerage facilities. By imposing a charge
that is reasonably related to the burdens imposed upon the sewerage facilities by sewer service customers,the
City will be able to acquire and/or construct the required capital improvements to the sewerage facilities,
undertake the needed reconstruction and maintenance of existing sewerage facilities, and operate the sewage
facilities in accordance with the goals, objectives and policies of the City's Integrated Infrastructure Management
Program.
14.54.030 Definitions For the purpose of this Chapter, the following terms shall be defined as follows:
(a) "City" shall mean the City of Huntington Beach.
(b) "Public Works Director" shall mean the Public Works Director or the Director's designee.
(c) "Sewer Charge Customer Category" shall mean any of the specific use categories that have been listed in
the Ordinance establishing sewer service user rates and charges pursuant to Section 14.54.040.
(d) "Sewer Service Customer" shall mean the person obligated to pay the Sewer Service User Charge or other
fee(s)established pursuant to this Chapter.
(e) "Sewer Service Fund" shall mean the special fund established pursuant to this Chapter into which all
revenues from sewer service user charges will be deposited.
(f) "Sewer Service User Charge"or"Charge" Shall mean the Charge imposed on sewer service customers
pursuant to this Chapter.
14.54.030(g)-14.54.060 Huntington Beach Municipal Code
(g) "Sewer System" shall mean all sanitary sewer facilities owned and maintained by the City of Huntington
Beach and used for the purpose of collecting and conveying sewage to the Orange County Sanitation /
District's treatment and conveyance facilities.
(h) "Water Customer" shall mean any person with a City water utility account.
14.54.040 Establishment of a Sewer Service User Charge A Sewer Service User Charge is hereby established.
After the effective date of this Chapter, any water customer of the City of Huntington Beach is hereby required,
unless exempted pursuant to the provisions of Section 14.54.100,to pay a Sewer Service User Charge in the
manner and amount specified herein.
The City Council shall, by Ordinance, set the specific amount of the rates and charges for sewer service
customers and the rates and formulas for modifying the charges to account for annual adjustments in the
Consumer Price Index for All Urban Consumers ("CPIU")in Los Angeles, Orange and Riverside Counties
established by the U. S. Bureau of Labor Statistics. The specific amount of the charge shall be based upon the
sewer service customer category with allowance for adjustments and exemptions as set forth in this Chapter.
14.54.050 Sewer Service Fund Created
(a) The City hereby establishes a special fund within the City's fiscal system to be known as the "Sewer
Service Fund."
(b) All revenues from sewer service user charges and any related fees and charges shall be deposited to the
Sewer Service Fund.
(c) The interest earned on the Sewer Service Fund shall accrue to that account only.
J
(d) The monies in the Sewer Service Fund shall not be transferred,loaned or otherwise encumbered for any
program except the acquisition, construction,reconstruction,maintenance, and operation of the City's
sewer system or as may be further authorized under State law in accordance with the provisions of Health
&Safety Code Section 5471.
(e) Revenues derived pursuant to this Chapter and placed into the Sewer Service Fund shall not be used for the
acquisition or construction of new local street sewers or laterals as distinguished from main trunk,
interceptor and outfall sewers or as may be further prohibited under State law in accordance with the
provisions of Health &Safety Code Section 5471.
14.54.060 Setting of Sewer Service User Rates and Charges
(a) The City Council shall by Ordinance establish a system of sewer service user charges for all water
customers in the City.
(b) To the extent practicable,user charges shall be based on each sewer service customer's category of
expected rate and volume of sewer service usage. Said charges shall not exceed the reasonable cost of
providing the services, facilities or regulatory activity for which the fee is charged.
Huntington Beach Municipal Code 14.54.070-14.54.110(c)
14.54.070 Annual Program Review The Sewer Service Fund shall be subject to an annual review and
performance audit by the Public Works Commission. The City Council periodically, at least annually, shall
receive at a regularly scheduled meeting, oral and written presentations as recommended by the Public Works
Commission, concerning fees, rates, and/or charges proposed the be modified or added to the sewer service user
charge. Such public meeting and oral and written presentations shall be provided prior to the City Council taking
any action on any new or modified sewer service user charges. At least one such public hearing shall be held
annually, in conjunction with the City's annual budget,process and hearing.
14 54.080 Billing of Sewer Service User Charges The billing of the sewer service user charge for water
customers of the City shall be made at such time and frequency and such method as the City Council may deem
appropriate by Ordinance.
14 54 090 Payment and Collection of Sewer Service User Charges All sewer service user charges, however
billed, shall be subject to the payment, collection and enforcement procedures for water billings as set forth in
Municipal Code Section 14.12.120.
14.54.100 Exemptions
(a) Exemption Categories. The following water customers shall be exempt from the requirements of this
Chapter:
(1) The City of Huntington Beach.
(2) Water customers with irrigation only accounts or meters as determined by the Public Works Director.
(3) Water customers who are not connected to the City sewer system.
(b) Claim for Exemption Required. Any claim of exemption under 14.54.1 00(a)(3)must be filed in the same
manner and will be considered pursuant to the same procedure as for a sewer service user charge
adjustment as provided in Section 14.54.110.
14 54 110 Sewer Service User Charge Adiustments and Appeals Process
(a) Any water customer subject to the sewer service user charge may apply to the City for an adjustment of or
exemption from the charge.
(b) Any water customer who has reason to dispute the imposition or computation of the sewer service user
charge billed pursuant to this Chapter shall file,within sixty(60)days of payment of the charge, an
application for an adjustment in the manner prescribed by the Administrative Implementation Guidelines.
The Public Works Director shall consider all data provided along with the application and shall render a
decision in writing to the applicant within forty-five(45)days of the date that the application is received.
(c) Any applicant who has reason to dispute a decision of the Public Works Director regarding the application
for adjustment and/or exemption pursuant to Section 14.54.110(b)shall file an appeal or said decision to
the Public Works Commission in the manner prescribed by the administrative Implementation Guidelines.
The decision of the Public Works Commission will be final with respect to City action on the appeal.
Huntington Beach Municipal Code 14.54.120-14.54.130
14.54.120 Refund of Sewer Service User Charge Upon Application for a sewer service user charge adjustmi
or exemption pursuant to Section 14.54.110,a charge will be refunded, wholly or in part,only if a water customC, '
demonstrates to the satisfaction of the Public Works Director and/or Public Works Commission that the charge
was erroneously or illegally collected, or if the City is compelled to do so pursuant to a final judgment by a court
of competent jurisdiction.
14.54.130 Preparation of Administrative Implementation Guidelines Within sixty(60) days after the
effective date of the Ordinance enacting this chapter,the Public Works Director shall prepare administrative
guidelines to implement the provisions of this Chapter. The guidelines shall include administrative procedures,
example fee calculations, application and appeals forms and such other information that will assist City staff,
decision makers, sewer service customers and the general public to understand how the provisions of this Chapter
are to be implemented.
1
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective October 4, 2001 )
Please Remove from Code Please Add to Code
Chapter 14.55
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
� �: � =�11%Icrrcr :alCoatersvarlabr_e ,� the3�lnterrie�=g �-.s�.���
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
i
Huntington Beach Municipal Code 14.55.010- 14.55.020
Chapter 14.55
RATES,'CHARGES, ANNUAL CPIU ADJUSTMENT, AND BILLING METHODOLOGY
FOR THE SEWER SERVICE USER CHARGE
(3505-10/01)
Sections:
14.55.010 Purpose
14.55.020 Rates, Charges and Billing Methodology
14.55.030 Annual CPIU Adjustments
14.55.010 Purpose. The purpose of this Chapter is to establish the specific amounts of the
rates and charges for sewer service customers and the rates and formulas for modifying the
charges to account for annual adjustments in the Consumer Price Index for All Urban
Consumers ("CPIU") in Los Angeles, Orange and Riverside Counties established by the U.S.
Bureau of Labor Statistics, and to establish the billing methodology for water customers.
14.55.020 Rates, Charges and Billing Methodology. Water customers shall be charged a sewer
service user charge at the following rates, as set forth below, based upon sewer charge customer
category and charge type.
Customer Category Charge Type Charge
Residential - Single- Flat charge - Same amount for all $5.30 per
family and townhouses customers in category. Calculated unit per
served by individual and billed monthly via the Utility month
meters. Billing System.
Apartment - All FIat charge - Same amount for all $4.40 per
apartments, mobile customers in category. Calculated unit per
homes, and townhouses and billed monthly via the Utility month
served by common Billing System.
water meters.
Regular Flat rate- Same dollar amount per $6.15 per
Commercial/Industrial - Equivalent Dwelling Unit (EDU). EDU per
Businesses, including Calculated and billed monthly via month
private schools, that do the Utility Billing System. EDU
not meet the criteria for refers to either(1)the capacity of a
inclusion in the High- customer's water meter in
Consumption/Industrial comparison to a standard 3/4 inch
customer category. meter, or(2)the number of tenant
units that receive water service
through the water meter,whichever
is higher. The city already uses
these ratios in calculating the water
` capital surcharge.
High-Consumption Flat rate- Same amount per hundred $0.60 per
CommerciaMndustrial - cubic feet (HCF)of estimated sewer HCF per year
Businesses with high discharge. Calculated and billed
water consumption monthly through the City's Accounts
relative to their meter Receivables System.
size.
Public Schools -All Flat rate-Flat rate per student per High School:
public K-8 and high year, based on annual daily $1.69 per
school districts with attendance (ADA) figures as ADA per
schools in the City. provided by the school districts, with year.
a different rate per student for K-8 K-8:
and for high schools. Calculated $1.09 per
and billed annually through the ADA per
Cit 's Accounts Receivables System. year
10/01
0
Huntington Beach Municipal Code 14.55.030
14.55.030 Annual CPIU Adjustments.
(a) Each Sewer Service User Charge shall be adjusted to reflect the annual percentage adjustment in
the Consumer price Index for All Urban Consumers ("CPIU") in Los Angeles, Orange and
Riverside Counties established by the U. S. Bureau of Labor Statistics and available as of July 1
each year.
(b) Adjustments based on these criteria will be determined on July 1 of each year. The adjustments
will be implemented effective the following October 1, which is the beginning of the city's fiscal
year.
I
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I1
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10/01
.i!t
HUNTING TON BEACH
MUNICIPAL CODE ,UPDATES
(Effective October 4, 2001 )
Please Remove from Code Please Add to Code
Chapter 2.111 Chapter 2.111
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
. Huntington Beach Municipal Code 2.111.010--2.111.030(o
Chapter 2.111
PUBLIC WORKS COMMISSION 'S
(3318-2/96;3490-1/01,3506-10/01)
Sections:
2.111.010 Commission established
2.111.020 Non-Interference
2.111.030 Duties
2.111.040 Records of commission
2.111.050 Members
2.111.060 Appointment/Composition
2.111.080 Vacancies--Retirement
2.111.100 Quorum proceedings
2.111.110 Bylaws
2.111.120 Advisors
2.111.130 Operating policies
2.111.140 Brown Act
2.111.010 Commission established. There is hereby established a Public Works Commission in
and for the City of Huntington Beach which shall be known as the Public Works Commission of
the City of Huntington Beach. The authority to create a Public Works Commission is derived
from the Huntington Beach City Charter Section 405. (3318-2/96)
2.111.020 Non-interference. Except as otherwise provided in this Chapter as may be amended
by ordinance by the City Council of the City of Huntington Beach, no member of the Public
Works Commission shall order, directly or indirectly, the Director of Public Works or his/her staff
in the administration or execution of the Director's Powers and Duties as established in Chapter
2.56 of the Huntington Beach Municipal Code. The Director of Public Works shall be responsible
to the City Administrator for the administration and execution of Public Works affairs. (3318-2/96)
2.111.030 Duties. The duties of the Public Works Commission shall be as provided below:
(3318-2/96)
(a) Provide annual review and comment upon Public Works Capital Improvement Projects and
Program. (331 s-2/96)
(b) Review and comment upon the following: (3318-2/96)
(1) The long term infrastructure maintenance and repair program; (3318-2/96)
(2) Oil pipeline permits issued by Public Works staff, and (3318-2/96)
(3) Traffic control device permits issued by Public Works staff. (3318-2/96)
(c) Recommend to the City Council Capital Projects which exceed $50,000.00 and may review
capital project repairs exceeding $50,000.00. (3318-2/96)
(d) Review all capital improvements construction project change orders exceeding $50,000.00
and not more than$100,000.00 for all cash contracts. (3318-2/96)
(e) Conduct an annual review and performance audit of the Sewer Service Fund. (3506-10/01)
(f) Recommend to the City Council on an annual basis any fees, rates and/or charges proposed to
be modified or-added to the Sewer Service User Charge. (3506-10/01)
10/01
f
2.1 11.030(g)-2.1 11.140 Huntington Beach Municipal Code a.
(g) Have the power and be required to hear for final decision appeals from sewer service user
charge adjustment and/or exemption decisions made by the Public Works Director. (3506-10/01)
2.111.040 Records of commission. Accurate and permanent records of the acts of the
Commission shall be kept, and such records shall have the same status_as records of other
departments of the city. (3318-2/96)
2.111.050 Members. The Public Works Commission shall consist of seven (7) members who
shall be residents of the City of Huntington Beach and shall not be officers or employees of the
city and no member of the commission may have any interest in any contract with the city either
during such member's terms of office or for a period of one (1) year after the cessation of such
service. Members who are employees of firms which contract with the city shall be deemed to be
interested in such contracts excepting when such interest is remote, as defined in Article 4,
Chapter 2, Division 4, Title 1 of the California Government Code. (3318-2/96)
2.111.060 Appointment and composition. All members shall serve without compensation, may
hold no other office or employment in City Government, and no other employment which is
incompatible with Commission Service. Each City Council member shall appoint one member of
the Commission to serve the same term as the City Council member. The term shall coincide with
the term of the City Council member making the appointment. The first two terms expiring shall
be appointed by the two first term City Council members. Thereafter, selection shall be made
upon expiration of terms, and shall be by lot drawn among the remaining Council members.
(3318-2/96;3490-1/01)
2.111.080 Vacancies—Retirement. In the event a member retires or is unable to complete
his/her term, an appointment shall be made to fill the remainder of such member's unexpired term.
(3318-2/96;3490-1/01)
2.111.100 Quorum proceedings. A majority of the members of the Commission in office shall
constitute a quorum. A majority vote of the members present and voting, where a quorum is
present at any regular or special meeting, is required to carry a motion, proposal or resolution.
(3318-2196)
Upon demand of any member, the roll call shall be called for yeas and nays upon any questions
before the Commission. Roberts' Rules of Order Revised shall govern the procedure of meetings
of the commission unless inconsistent with other provisions of this chapter. (3318-2/96)
2.111.110 Bylaws. The Public Works Commission shall adopt such bylaws and rules as it deems
necessary to provide for its officers and their method of selection of time and place of meetings
and for such other matters relative to its work and administration of its duties which are not
otherwise provided for by statute or ordinance. (3318-2/96)
2.111.120 Advisors. The Public Works Commission may request of the Director of Public
Works the attendance at its meetings of any officer or employee of the city to assist the
commission in its deliberations in an advisory capacity but who shall not have the authority to
vote upon any matter being considered by the commission. (3318-2/96)
2.111.130 Operating policies. Except as otherwise provided in this chapter, the board shall
conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this
code. (3318-2/96)
2.111.140 Brown Act. The Board shall be governed by the provisions of the Brown Act
(Government Code§54950, et seq.). (3318-2/96)
10/01
Huntington Beach Municipal Code 2.111.010--2.111.040
Chapter 2.111
PUBLIC WORKS COMMISSION
(3318-2/96;3490-1/01)
Sections:
2.111.010 Commission established
2.111.020 Non-Interference &tl
2.111.030 Duties
2.111.040 Records of commission
2.111.050 Members
2.111.060 Appointment/Composition
2.111.080 Vacancies--Retirement
2.111.100 Quorum proceedings
2.111.110 Bylaws
2.111.120 Advisors
2.111.130 Operating policies
2.111.140 Brown Act
2.111.010 Commission established. There is hereby established a Public Works Commission in
and for the City of Huntington Beach which shall be known as the Public Works Commission of
the City of Huntington Beach. The authority to create a Public Works Commission is derived
from the Huntington Beach City Charter Section 405. (3318-2/96)
2.111.020 Non-interference. Except as otherwise provided in this Chapter as may be amended
by ordinance by the City Council of the City of Huntington Beach, no member of the Public
Works Commission shall order, directly or indirectly, the Director of Public Works or his/her staff
in the administration or execution of the Director's Powers and Duties as established in Chapter
2.56 of the Huntington Beach Municipal Code. The Director of Public Works shall be responsible
to the City Administrator for the administration and execution of Public Works affairs. (3318-2/96)
2.111.030 Duties. The duties of the Public Works Commission shall be as provided below:
(3318-2/96)
(a) Provide annual review and comment upon Public Works Capital Improvement Projects and
Program. (3318-2/96)
(b) Review and comment upon the following: (3318-2/96)
(1) The long term infrastructure maintenance and repair program; (3318-2/96)
(2) Oil pipeline permits issued by Public Works staff, and (3318-2/96)
(3) Traffic control device permits issued by Public Works staff. (3318-2/96)
(c) Recommend to the City Council Capital Projects which exceed $50,000.00 and may review
capital project repairs exceeding $50,000.00. (3318-2/96)
(d) Review all capital improvements construction project change orders exceeding $50,000.00
and not more than $100,000.00 for all cash contracts. (3318-2/96)
2.111.040 Records of commission. Accurate and permanent records of the acts of the
Commission shall be kept, and such records shall have the same status as records of other
departments of the city. (3318-2/96)
1/01
r
2.111.050--2.111.140 Huntington Beach Municipal Code v`
2.111.050 Members. The Public Works Commission shall consist of seven (7) members who
shall be residents of the City of Huntington Beach and shall not be officers or employees of the ,
city and no member of the commission may have any interest in any contract with the city either
during such member's terms of office or for a period of one (1) year after the cessation of such
service. Members who are employees of firms which contract with the city shall be deemed to be
interested in such contracts excepting when such interest is remote, as defined in Article 4,
Chapter 2, Division 4, Title 1 of the California Government Code. (3318-2/96)
2.111.060 Appointment and composition. All members shall serve without compensation, may
hold no other office or employment in City Government, and no other employment which is
incompatible with Commission Service. Each City Council member shall appoint one member of
the Commission to serve the same term as the City Council member. The term shall coincide with
the term of the City Council member making the appointment. The first two terms expiring shall
be appointed by the two first term City Council members. Thereafter, selection shall be made
upon expiration of terms, and shall be by lot drawn among the remaining Council members.
(3318-2/96;3490-1/01)
2.111.080 Vacancies—Retirement. In the event a member retires or is unable to complete
his/her term, an appointment shall be,made to fill the remainder of such member's unexpired term.
(3318-2196;3490-1101)
2.111.100 Quorum proceedings. A majority of the members of the Commission in office shall
constitute a quorum. A majority vote of the members present and voting, where a quorum is
present at any regular or special meeting, is required to carry a motion, proposal or resolution.
(3318-2/96)
Upon demand of any member, the roll call shall be called for yeas and nays upon any questions
before the Commission. Roberts' Rules of Order Revised shall govern the procedure of meetings
of the commission unless inconsistent with other provisions of this chapter. (3318-2/96)
2.111.110 Bylaws. The Public Works Commission shall adopt such bylaws and rules as it deems
necessary to provide for its officers and their method of selection of time and place of meetings
and for such other matters relative to its work and administration of its duties which are not
otherwise provided for by statute or ordinance. (3318-2/96)
2.111.120 Advisors. The Public Works Commission may request of the Director of Public
Works the attendance at its meetings of any officer or employee of the city to assist the
commission in its deliberations in an advisory capacity but who shall not have the authority to
vote upon any matter being considered by the commission. (3318-2/96)
2.111.130 Operating policies. Except as otherwise provided in this chapter, the board shall
conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this
code. (3318-2/96)
2.111.140 Brown Act. The Board shall be governed by the provisions of the Brown Act
(Government Code §54950, et seq.). (3318-2/96)
1/01
d.
HUNTINOTON BEACH
IVI UNICIPAL CODE UPDATES
(Effective September 12, 2001 )
Please Remove from Code Please Add to Code
Chapter 9.88 Chapter 9.88
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
,
http://www.ci.huntington-beach.ca.us
or
hftp://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 9.88.010-9.88.030(a)
Chapter 9.88
EMPLOYMENT SOLICITATION
(3382-9/98,3451-1/2000,3500-9/01)
Sections:
9.88.010 Purpose of Chapter
9.88.020 Definitions
9.88.030 Solicitation of and for Employment on Public Street or Highway Prohibited
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas
9.88.050 Validity
9.88.060 Enforcement
9.88.010 Purpose of Chapter. The purpose of this chapter is to regulate the time, place and
manner of the solicitation of and for employment on streets and highways, and nonresidential
parking areas. These regulations are not intended to restrict the right of free speech or alternative
channels of communications, but to ensure the protection of the public health, safety and general
welfare. (3382-9/98,3500-9/01)
9.88.020 (Definitions.
(a) "Employment" shall mean any offer or exchange or consideration for labor, industry or other
personal services, including part-time or temporary services, for wages or other
compensation. (3382-9/98)
(b) "Nonresidential parking area" means all private property comprising the parking area adjoining
nonresidential premises, i.e., commercial strip malls and shopping centers, including but not
limited to driveways, setbacks and portions that are landscaped. (3382-9/98)
(c) "Solicit or hire" means any request, offer, announcement, enticement or other action or
gesture which induces another person to reasonably believe that his or her services are being
sought or are being made available for hire, whether or not an actual employment relationship
is created. (3382-9/98)
A solicitation as defined herein shall be deemed completed when made whether or not an
actual employment relationship is created. (3382-9/98)
Solicitation shall also include solicitation for contributions of money or gifts. (3451-1/2000)
(d) "Street or highway" means all of the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, medians, alleys, and other
public vehicular rights-of-way. (3382-9/98,3451-1/2000,3500-9/01)
(e) "Vehicle" means a vehicle as defined in California Vehicle Code §670 as the same now reads
or may hereafter be amended. (3382-9/98)
9.88.030 Solicitation of and for Employment on Street or Highway Prohibited.
(a) It shall be unlawful for any person, while standing in any portion of the streets, or highways
to solicit, or attempt to solicit, from any person travelling in a vehicle along a public right-of-
way, including, but not limited to public streets, highways or driveways.(3451-1/2000,3500-9/01)
9/01
9.88.030(b)-9.88.060(d) Huntington Beach Municipal Code
(b) It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or attempt
to solicit, from a person who is in the public streets or highways. (3451-1/2000,3500-9/01) J
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas.
(a) It is unlawful for persons to solicit or offer employment within 25 feet of any parking lot or
driveway open to the public. (3382-9/98,3500-9/01)
(b) This section shall not be operative unless the owner, the owner's agent or the person in lawful
possession of the nonresidential parking area has caused a notice to be posted in a
conspicuous place at each entrance to such nonresidential parking area not less than eighteen
by twenty-four inches in size with lettering not less than one inch in height and not to exceed
in total area six square feet. The content of such notice shall be in substantially the following
form, in both the English and Spanish languages: (3382-9/98,3500-9/01)
It is a misdemeanor to solicit or offer employment from persons
traveling in vehicles at this location. H.B.M.C. 9.88.040
9.88.050 Validity. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Huntington Beach hereby declares that it would have
adopted this ordinance and these sections, subsections, sentences, clauses, phrases or portions
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions are declared invalid or unconstitutional. (3382-9/98)
9.88.060 Enforcement. Enforcement of this section may be accomplished by:
(a) the owner, the owner's agent, or the person in lawful possession of the business premises, under
the provisions of California Penal Code §847 (Arrest by Private Person); or (3382-9/98)
(b) a peace officer of the Huntington Beach Police Department; or (3382-9/98)
(c) a code enforcement officer of the City of Huntington Beach; or (3382-9/98)
(d) the filing of a criminal or civil complaint by the City Attorney. (3382-9/98)
9/01
ti
HUNTINGTON BEACH
MUNICIPAL CODE UPDA TES
(Effective October 4, 2001 )
Please Remove from Code Please Add to Code
Title 14, Chapter 14.08 Title 14, Chapter 14.08
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
11�`cVrre�p�af���o�c�efs -
hftp://www.ci.huntington-beach.ca.us
or
hftp://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code Title 14 Index-14.08.040(a)
Title 14
WATER AND SEWERS
(3505-10/01,3506-10/01)
Chapters:
14.04 ,(Repealed Ordinance No. 2591-1/83)
14.08 Service Connections
14.12 Fees, Rates and Deposits
14.16 Water Use Regulations
14.18 Water Management Pro ram
14.20 Water Main Extensions
14.24 Water Pollution
14.26 Construction and Abandonment of Water Wells
14.32 (Repealed, Ordinance No. 2591-1/83)
14.36 Sewer System Service Connections. Fees and Deposits
14.40 (Repealed,Ordinance No. 2931-4/80 .
14.44 Sewer Main Extensions
14.48 Drainage
14.52 Water Efficient Landscape Requirements
14.54 Sewer Service User Charge
14.55 Rates, Charges, Annual CPIU Adjustment. and Billing Methodology for the Sewer
Service User Charge
Chapter 14.08
SERVICE CONNECTIONS
(674-12157)
Sections:
14.08.010 Application form
14.08.020 Separate required
14.08.030 Multiple occupancies on premises
14.08.040 Multiple occupancy exceptions
14.08.050 Property separation
14.08.060 Interfering with pipes
14.08.010 Application form. Before water can be served from the City mains to any person or
for any premises, such person or the owner or occupant of such premises shall make written
application for such services upon a form provided by the City Water Department. The
information required in all instances where application is made for water shall include the name
and address of applicant, description of the property where service is desired, together with the
applicant's status as owner or lessee. (674-12/57)
14.08.020 Separate required. Every premises supplied by City water shall have its own
separate service connection with the City main, and the premises so supplied shall not supply
water to.any other premises. (674-12/57)
14.08.030 Multiple occupancies on premises.. Where more than one occupancy is placed on
the same parcel of property and each is conducting a separately established residence or business,
a water meter shall be required and installed for each occupancy, unless otherwise approved by
the Water Superintendent. (674-12J57)
14.08.040 Multiple occupancy exceptions. The following exception shall apply to multiple
occupancies on the same premises:
== (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. (674-12157)
10101
_ n
14.08.040(b)-14.08.060 Huntington Beach Municipal Code
b Where two or more buildings owned b the same person are built upon the lot said buildings
� ) g Y P P g .�
may be served by one service pipe and one meter if approved by the Water Superintendent.
(674-12157)
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
ownership is severed, the Water Superintendent may, in his discretion_, require separate service
pipe and meter for each occupancy. (674-12/57)
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 Superintendent install any pipe, apparatus,
appliance or connection to any part of the system of waterworks in the City. (674-12/51)
Huntington Beach Municipal Code 14.08.010--14.08.040(a)
Title 14
WATER AND SEWERS
Chapters:
14.04 Repealed, Ordinance No. 2591, 5 Jan 83
14.08 Service Connections
14.12 Fees. Rates and Deposits
14.16 Water Use Regulations
14.18 Water Management Program
14.20 Water Main Extensions
14.24 Water Pollution
14.26 Construction and Abandonment of Water Wells
14.32 Repealed, Ordinance No. 2591, 5 Jan 83
14.36 Sewer System Service Connections. Fees and Deposits
14.40 Repealed, Ordinance No. 2931 6 Apr 88
14.44 Sewer Main Extensions
14.48 Drainage
14.52 Water Efficient Landscape Requirements
Chapter 14.08
SERVICE CONNECTIONS
(674-12/57)
Sections:
14.08.010 Application form
14.08.020 Separate required
14.08.030 Multiple occupancies on premises
14.08.040 Multiple occupancy exceptions
14.08.050 Property separation
14.08.060 Interfering with pipes
14.08.010 Application form. Before water can be served from the City mains to any person or
for any premises, such person or the owner or occupant of such premises shall make written
application for such services upon a form provided by the City Water Department. The
information required in all instances where application is made for water shall include the name
and address of applicant, description of-the property where service is desired, together with the
applicant's status as owner or lessee. (674-12/57)
14.08.020 Separate required. Every premises supplied by City water shall have its own
separate service connection with the City main, and the premises so supplied shall not supply
water to any other premises. (674-12157)
14.08.030 Multiple occupancies on premises. Where more than one occupancy is placed on
the same parcel of property and each is conducting a separately established residence or business,
a water meter shall be required and installed for each occupancy, unless otherwise approved by
the Water Superintendent. (674-12/57)
14.08.040 Multiple occupancy exceptions. The following exception shall apply to multiple
occupancies on the same premises:
(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. (674-12157)
2/93
P
14.08.040(b)-14.08.060 Huntington Beach Municipal Code
(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.
(674-12/57)
14.08.050 -Prop edy 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
ownership is severed, the Water Superintendent may, in his discretion, require separate service
pipe and meter for each occupancy. (674-12/57)
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 Superintendent install any pipe, apparatus,
appliance or connection to any part of the system of waterworks in the City. (674-12/57)
2/93
HUNTING TON BEACH
MUNICIPAL CODE Ulm®A TES
(Effective May 30, 2001 )
Please Remove from Code Please Add to Code
Chapter 10.12 Chapter 10.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
nthe l eme,
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
i
Huntington Beach Municipal Code 10.12.010--10.12.040
Chapter 10.12 I;4,4r'
SPEED LIMTTS
(1935-11/74, 1947-12/74,1997-9/75,2066-7176,2316-10l78,2325-11/78,2358-5/79,2388-9/79,2421-5/80,
Urg Ord 2422-3/80,2432-6/80,2527-2/82,2624-7/83,2654-11/83,2670-11/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,
3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3328-6/96,3380-12/97,3383-3/98,3448-1/2000, Urg.3476-9/2000;
3479-12/2000,3495-5/01)
Sections:
10.12.010 Twenty-five m.p.h. prima facie speed limit
10.12.020 Thirty m.p.h. prima facie speed limit
10.12.030 Thirty-five m.p.h. prima facie speed limit
10.12.040 Forty m.p.h. prima facie speed limit
10.12.050 Forty-five m.p.h. prima facie speed limit
10.12.060 Fifty m.p.h. prima facie speed limit
10.12.065 Fifty-five m.p.h. prima facie speed limit
10.12.070 Speed limits on state highways
10.12.080 Speed limits enumerated
10.12.010 Twenty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets and that the prima facie limit of speed on a portion of the following streets as listed in
Section 10.12.080 shall be and is twenty-five (25) miles per hour. (1935-11n4,1947-12/74,2066-7n6,
2421-5/80,2883-12/86,3133-8/92,3272-1195,3380-12/97)
10.12.020 Thirty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of thirty (30) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is thirty (30) miles per hour. (1935-11/74,1947-12/74,1997-9/75,2066-7n6,2388-9/79,2432-6/80,2527-2/82,
3133-8/92,3230-4/94,3272-1195,3380-12/97)
10.12.030 Thirty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of thirty-five (35)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is thirty-five(35) miles per hour. (1935-11n4,1947-12/74,2358-5/79,Urg
Ord 2422-3/80,2527-2/82,2654-11/83,2670-11183,2715-9/84,2878-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12197)
10.12.040 Forty m.p.h, prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of forty (40) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is forty(40) miles per hour. (1935-11n4,1947-12n4,1997-9n5,2066-7n6,2316-10n8,2358-5n9,2421-5/80,
2432-6/80,2527-2/82,2624-7/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12197)
5/01
r
10.12.050--10.12.080 Huntington Beach Municipal Code
10.12.050 Forty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets-, that a prima facie speed limit of forty-five (45)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe- and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is forty-five (45) miles per hour. (1935-1174,1947-12/74,2358-5/79,
2388-979,Urg Ord 2422-3/80,3133-8/92,3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3380-12/97)
10.12.060 Fifty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty(50) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty (50) miles per hour. (1935-1174,1947-1274,3133-8/92,Urg.3204-7/93,3230-4194,3380-12/97)
10.12.065 Fifty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of
an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the
most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that
the prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty-five (55) miles per hour. (3133-8/92,3230-4/94,3380-12/97)
10.12.070 Speed limits on state highways. The State of California has established that orderly
movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets
and that the prima facie limit of speed on a portion of the following streets shall be and is as listed
in Section 10.12.080. (3133-8/92)
10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up
(North) and to the right (East). An asterisk(*) denotes speed limit not set by survey. (3133-8/92,
3230-4/94,3328-6/96,3380-12/97,3383-3198,3448-112000,Urg.3476-9/2000,3479-12/2000)
(REST OF PAGE INTENTIONALLY LEFT BLANK)
5/01
Huntington Beach Munci al Code 10.12.080
STREET BETWEEN SPEED
1st PCH Atlanta 35
Adams 17th Main Street 25
Main Street Lake Street 25
Lake Street Beach 40
Beach Newland 45
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Santa Ana River 45
Al on uin Warner Heil 35
AIZOSX Bolsa Chica Graham 40
Atlanta 1 st Delaware 30
Delaware Beach 35
Beach Newland 40
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Bannin Ma nolia Brookhurst 35
Beach Pacific Coast Hwy 1320'N/O Ellis 50
(State Route 39) Postmile 0.0 Postmile 3.25
1320'N/O Ellis North City Limit 45
Postmile 3.25
Bolsa Bolsa Chica Springdale 45
Springdale Edwards 45
Edwards Goldenwest 40
Bolsa Chica South Cit Limit Warner 30
Warner Heil 45
Heil Edinger 45
Edinger Rancho 45
Brookhurst PCH Banning 50
Banning Atlanta 45
Atlanta Adams 45
Adams Garfield 45
Bushard Brookhurst Hamilton 45
Hamilton Indianapolis 45
Indianapolis Yorktown 45
Yorktown Garfield 45
Center Gothard I405 F 35
Channel AdmiraltX Gilbert 30
Clax Main Beach 30
Coldwater Adams Yorktown 30
Countess Portofino Edinger 30
Davenport Ed ewater Al on uin 35
5/01
v
10.12.080 Huntin on Beach Munici al Code
STREET BETWEEN SPEED
Delaware Atlanta Adams 35
Adams Garfield 35
Garfield Main 35
Edinger West City Limit Bolsa Chica 45
Bolsa Chica Graham 45
Graham Springdale 45
Springdale Edwards 45
Edwards Golden West 40
Golden West Gothard 40
Gothard Beach 40
Beach Newland 40
Edwards Garfield Ellis 40
Ellis Varsity 40
Varsity Slater 40
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger McFadden 40
McFadden Bolsa 40
Bolsa North UY Limit 40
Ellis Edwards Golden West 45
Golden West Gothard 45
Gothard Delaware 40
Delaware Beach 35
Beach Newland 40
Florida Garfield Main 30
Garfield Sea point Edwards 45
Edwards Golden West 45
Golden West Main Street 40
Main Street Beach 35
Beach Newland 40
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Ward 45
Goldenwest PCH Palm 50
Palm Yorktown 50
Yorktown Ellis 50
Ellis Talbert 50
Talbert Slater 50
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
5/01
Huntington Beach Municipal Code 10.12.080
STREET BETWEEN SPEED
Gothard Garfield Ellis 40
Ellis Talbert 40
Talbert Slater 40
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger Center 40
Center McFadden 40
Graham South City Limit Slater 35
Slater Warner 40
Warner Heil 35
Heil Edinger 40
Edinger McFadden 45
McFadden Bolsa 45
Hamilton Newland Magnolia 45
Ma nolia East Ci Limit 45
Heil Saybrook Bolsa Chica 35
Bolsa Chica Springdale 40
Springdale Golden West 40
Golden West Beach 40
Beach Newland 40
Newland East City Limit 35
Huntington PCH Atlanta 35
Atlanta Yorktown 30
Yorktown Ta for 25
Indianapolis Lake Beach 30
Beach Newland 40
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Lake Orange Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
Los Patos Warner Bolsa Chica 30
Magnolia PCH Banning 40
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Warner 1-405 (San Diego F 45
Main Street PCH 6th 25
6 th Adams 30
Adams Yorktown 35
Yorktown Garfield 40
Garfield Delaware 40
Delaware Ellis/Beach 35
5/01
P
10.12.080 Huntington Beach Municipal Code
STREET BETWEEN SPEED
McFadden Bolsa Chica Chemical 25
Chemical Graham 35
Graham Springdale 45
Springdale Edwards 45
Edwards Golden West 45
Golden West Gothard 45
Gothard East Ci Limit 40
Newland PCH Hamilton 35
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Garfield 45
Garfield Talbert 45
Talbert Warner 45
Warner Heil 45
Heil Eding er 45
Orange 1 st 1 7th3 0
17th Golden West 30
EMENESUZZERROM
PCH South City Limit Brookhurst 55
(State Route 1) Brookhurst Magnolia 55
Magnolia Newland 55
Newland 900' S/O Beach 55
900' S/O Beach Huntington 45
Huntington 800'N/O Huntington 45
800'N/O Huntington Main 35
Main 160' S/O 12th 35
160' S/O 12th 17th 45
17th 150' S/O 20th 45
150' S/O 20th 20th 50
20th Golden West 50
Golden West 6200'N/0 Golden West 50
6200'N/O Golden West 800' S/0 Warner 55
800' S/O Warner North Ct Limits 40
Palm Main Golden West 30
Golden West Sea oint 40
Parkside Holt Edin er 30
Peninsula Summit Garfield 35
Promenade Gothard Main 30
Rancho Bolsa Chica North/East Ci Limits 40
Saybrook Davenport Humboldt 30
Humboldt Edin er 40
17th PCH Palm 35
Palm Main 35
Huntin on Florida 25
5/01
Huntington Beach Munici al Code 10.12.080
STREET BETWEEN SPEED
Sea omt PCH Garfield 40
Sher Juliette Low Edinger 30
Slater Graham Springdale 45
Springdale Edwards 45
Edwards Golden West 45
Golden West Gothard 45
Gothard Beach 40
Beach Newland 40
Springdale South Cit Limit Talbert 45
Talbert Slater 40
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden North CLtj Limits 45
Skylab West of Rancho Rd S rin dale 40
Summit Sea point Golden West 35
Talbert West City Limit Edwards 40
Golden West Gothard 40
Gothard Beach 40
Beach Newland 45
Ward Yorktown Garfield 45
Warner PCH Algonquin 50
Algonquin Graham 45
Graham Edwards 45
Edwards Golden West 45
Golden West Gothard 45
Gothard Beach 45
Beach Newland 45
Newland Ma olia 45
Yorktown Golden West Lake 35
Lake Street Beach 35
Beach Newland 35
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 45
Brookhurst Ward 45
5/01
I/
HUNTING TON BEACH
MUNICIPAL CODE,UPDATES
(Effective May 16, 2001 )
Please Remove from Code Please Add to Code
_Chapter 14.12 Chapter 14.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
. Nlucr aoisaaila eMQnte. lne _ .H
http://www.ci.huntington-beach.ca.us
or
hftp://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 14.12.010-14.12.010(d)
Chapter 14.12
FEES, RATES AND DEPOSITS
(674-12/57,723-6/59,738-12/59,751-4/60,792-10/60,892-4/62,1001-10/63, 1100-12/64, 1217-7/66, Urg 1343-A-8/67, 1344-9/67,
1901-4/74, 1996-8/75,2020-12/75,2022-1/76,2205-7/77,2218-11/77,2400-11/79,2535-3/82,2589-1/83,2709-6/84,2826-5/86,
2948-8/88,3119-7/91,3302-11/95,3404-10/98,3496-5/01)
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
14.12.045 Water rates--Budget
14.12.050 Water rates--Construction purposes
14.12.060 Water rates--Other uses
14.12.070 Private fire service rates
14.12.080 (Repealed Urg Ord 2709-6/84)
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 billing
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
14.12.010 Service fee. For uses zoned commercial or industrial, the Water Department, as a
condition to granting the application and furnishing water service to the premises, is authorized to
charge and shall collect in advance the following sums for the purpose of reimbursing the City for
the cost of the system and future replacements and extensions thereof: (3302-11/95)
(a) The sum of sixty dollars ($60) for each usable unit on parcels containing less than ten
thousand (10,000) square feet.
A "usable unit" shall be each residential quarter in hotels and motels. (3302-11/95)
(b) For any parcel containing ten thousand (10,000) square feet of area or more, three hundred
dollars ($300) per acre or fraction thereof, or sixty dollars ($60) per usable unit, whichever is
greater. (3302-11/95)
A "usable unit" shall be any unit defined in subsection (a) above. The charge of three hundred
dollars ($300) per acre shall apply to all commercial and manufacturing developments.
(3302-11/95)
(c) Those areas served by a water main constructed and charged as determined by another
ordinance or executed agreement may be exempt from the usable unit charge in subsection(a)
if said other ordinance or agreement charge is greater than the charge per subsection (a).
(3302-11/95)
(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. (674-12/57,723-6/59,1001-10/63,1100-12/64,2022-1/76,2535-3/82)
For uses zoned other than commercial or industrial, the Water Department, as a condition to
granting the application and furnishing water service to the premises, is authorized to charge
10/93
A
14.12.01 0(d)-1 4.12.045 Huntington Beach Municipal Code
and shall collect in advance the Capital Facilities Charge for the purpose of reimbursing the
City for the cost of the system and future replacements and extensions thereof. The Capital
Facilities Charge is based on the cost per equivalent dwelling unit (EDU) of existing facilities i
and the proposed expansion facilities which shall be set by a resolution of the City Council.
All monies collected as the Capital Facilities Charge shall be used for water projects which are
consistent with the goals and objectives of the 2000 Water Master Plan but which projects are
specifically identified in a resolution, and any amendment thereto, adopted by the City
Council. (3302-11/95,3496-5/01)
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 thereof. Any excess payment shall be returned to the person applying for installation.
(674-12/57,1996-8l75)
14.12.030 Installation by applicant. The Water Superintendent may in his discretion authorize
an applicant to make the installation at applicant's own cost, and in conformity with the
specifications set forth by the Water Department. (674-12/57)
14.12.040 Water rates--Designated. The water rates to be charged monthly and collected
monthly or bimonthly, as may be determined by the City, shall be set by a resolution of the City
Council. n
A Capital Surcharge to be charged monthly as may be determined by the City shall be set by
resolution of the City Council. All monies collected as the Capital Surcharge shall be used for
water projects which are consistent with the goals and objectives of the 2000 Water Master Plan
but which projects are specifically identified in a resolution, and any amendment thereto, adopted
by the City Council. (3302-11/95,3496-5/01)
The water rates, plus a ten (10%) percent surcharge, shall be applicable to areas outside the
boundaries of the City of Huntington Beach, wherever the City serves water, including Sunset
Beach, an unincorporated area, and Surfside, located within the City of Seal Beach. (674-12/57,
751-4/60,892-4/62,1100-12/64,1217-7/66,Urg 1343-A-8/67,1344-9/67,1901-4/74,1996-8/75,2205-7/77,2218-11f77,Urg
2709-6/84,2826-5/86,2948-8/88,3119-7/91)
14.12.045 Water rates--Budget. It shall be the policy of the City that a balanced budget shall be
maintained for the water hind. Pursuant to Section 602 of the Charter of the City of Huntington
Beach, the City Administrator shall be required to submit said water fund budget in a balanced
condition to the City Council, together with the other budget submittals. The water rate
adjustment necessary to maintain a balanced budget shall be incorporated as part of the annual
budget which shall modify the rates as set forth in Section 14.12.040 of the Huntington Beach
Municipal Code upon adoption of the budget. For the purpose of this Section, "balanced budget"
shall mean that total appropriations for operating expenses do not exceed total estimated revenues
in the annual budget of the water fund.
Operating expenses shall include appropriations for the depreciation cost of those capital
improvements customarily provided for in the operating budget and in accordance with generally
accepted accounting principles. Revenues shall exclude bond proceeds, if any, but include interest
earnings and other nonoperating revenue in accordance with generally accepted accounting
principles. (urg 2709-6/84)
10/98
K
• Huntington Beach Municipal Code 14.12.050-14.12.120
14.12.050 Water rates--Construction purposes. All construction water shall be taken from
existing outlets designated by the Water Department or from special outlets installed at the
expense of the consumer. If in the determination of the Water Department, the setting of a meter
is impracticable or uneconomical for the supply of construction water, the charge for such
unmetered water shall be set by a resolution of the City Council. (674-12/57,792-10/60,1996-8/75,
2535-3/82,Urg 2709-6/84,2948-8/88)
14.12.060 Water rates--Other uses. Water used for any purpose not hereinbefore enumerated,
or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates
or at a special rate to be fixed by the City Council under separate agreement with the consumer.
(674-12/57)
14.12.070 Private fire service rates. The monthly rate for private fire service protection shall be
set by a resolution of the City Council. (674-12/57,751-4/60,2948-8/88)
14.12.090 Water service--Applications. All applications for water must be made out on forms
provided by the Water Department and must be signed by the applicant or his or her agent.
All applicants must deposit with the Water Department a fee established by resolution of the City
Council as a guarantee that all water bills, fines and penalties shall be paid by the applicant. The
City Treasurer shall waive the deposit upon a showing of creditworthiness by the applicant as
determined by the City. (3404-10/98)
The deposit shall be returned to the applicant, without interest, at the time water service is
discontinued provided that applicant has not left unpaid any water bill, fine or penalty. Such
unpaid water bill, fine or penalty shall be deducted from the applicant's deposit and the balance
thereof, if any, shall be refunded to the applicant at his or her last known address. (674-12/57,
2020-12/75,2508-11/81,3404-10/98)
14.12.100 Water service--Turn-on charges. No charge shall be made for the transfer due to
change of ownership or occupancy.
Where the owner or occupant requests temporary turnoff of water service, a charge of five dollars
($5) shall be made for restoring the water service to the premises. (697-12/57,1996-any)
14.12.110 Water rates--Turn on. Whenever the distribution line of the municipal water system
shall be duly connected with the premises of any person, and the water turned on such premises,
the charge for water shall be a charge against the person in possession of the premises who used
the water, and the charges shall continue so long as the water is turned on to the premises,
whether the same is actually used or not. (674-12/57)
14.12.120 Water billing. All water bills are due upon presentation and are payable at the Office
of the Treasurer of the City of Huntington Beach, or his authorized agent. Bills are deemed
presented if addressed to the water customer at the address shown on the records of the City
Treasurer and deposited with the United States mail service, postage prepaid. Accounts which
remain unpaid thirty (30) days thereafter are delinquent. A notice of final billing shall be mailed to
each delinquent account specifying a date by which full payment is due. Said final billing shall
include a late fee imposed to recover billing and mailing costs, set by resolution of the City
Council.
Water service for delinquent accounts shall be shut off until all outstanding bills, fees, utility taxes
and penalties have been paid. When the supply of water has been shut off for nonpayment or a
violation of any ordinance or of any rule or regulation, service shall not be resumed until a turn-on
fee, as set by resolution of the City Council, has been paid. (674-12/57,1996-8n5,2400-11n9,2589-1/83)
10/98
d
14.12.130-14.12.170 Huntington Beach Municipal Code
14.12.130 Vacating premises. Whenever a consumer shall vacate any premises, he shall
immediately give written notice thereof to the Water Department. Upon the receipt of such J
notice, the department shall read the water meter, shut off the water from the premises and
immediately present the consumer all unpaid bills for water furnished by the City to him up to that
time. Thereupon the consumer shall pay said bills to the Water Department. In the event that the
consumer shall have made a deposit with the department, as required in Section 14.12.090, the
balance, if any, of such deposit shall be returned to the consumer after deducting therefrom the
amount of said bills. Until such notice and payments shall have been made, the premises shall be
deemed occupied by the consumer and his liability continued. (674-12/57)
14.12.140 Change of address. Failure to receive mail will not be recognized as a valid excuse
for failure to pay water rates when due. Change in occupancy of property supplied with City
water, and changes in mailing addresses of consumers of City water must be filed in writing at the
Water Department on forms provided for that purpose. (674-12/57)
14.12.150 Renewing service. Each owner or occupant of any premises previously connected
with the City water system desiring to renew the use of water shall make application for renewal
of water service and upon payment of all unpaid charges, if any, together with any turn-on charge
imposed by Section 14.12.100, the water will be turned on. (674-12/57)
14.12.160 Adiustment of rates. The Council shall have the sole power to grant rebates from
the rates specified in this chapter to indigent persons, and in the event of any dispute as to the
water rate to be paid by any consumer, it shall determine the same. (674-12/57)
14.12.170 Water fund. All moneys collected from fees and charges under Chapters 14.04
through 14.20 of the Huntington Beach Municipal Code shall be deposited in the treasury of the
City in a water fund and annually there shall be disbursed from said water fund to the general
fund, an amount equal to fifteen (15%) percent of the gross revenue received from the sale of '
water by the Water Department in lieu of franchise and property taxes. (735-12/59)
i
10/sa
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective May 2, 2001 )
Please Remove from Code Please Add to Code
Chapter 5.50 Chapter 5.50
Chapter 8.08 deleted from code
Title 8, Page 1 & 2 Title 8, Page 1 & 2
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
����fi�a�Munrcrpal�Code rs�auailableantheIrrterr�et� ��
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 5.50.010--5.50.020(o
Chapter 5.50
MOBILE VENDING
(3345-2/97,3493-5/01)
Sections:
5.50.010 Purpose and Findings
5.50.020 Definitions
5,50.030 Permit Required
5.50:040 Vendor's Permit Required
5.50.050 Operator's Permit Required
5.50.060 Issuance of Permit
5.50.070 Denial of Permit
5.50.080 Revocation of Permit
5.50.090 Appeals
5.50.100 Enforcement
5.50.110 Temporary Special Events Permit
5.50.120 Trash Receptacles and Removal
5.50.130 Hours of Operation
5.50.140 Insurance Provisions
5.50.150 Deleted (3493-5/01)
5.50.160 Noise Level
5.50.170 Prohibited Conduct
5.50.180 Applicability of Regulations to Existing Businesses
5.50.190 Conducting as a Nuisance
5.50.200 Penalty for Violation
5.50.210 Exemptions
5.50.220 Severability
5.50.010 Purpose and Findings. The City Council of the City of Huntington Beach finds that
Mobile Vending Vehicles pose traffic hazards, public health hazards and impact the safety of
residents within the City of Huntington Beach. The intent of the ordinance is to provide clear and
concise regulations to insure public safety and prevent traffic and health hazards. This ordinance is
also intended to preserve the peace, and welfare of the residents of Huntington Beach. (3345-2/97)
5.50.020 Definitions: For the purposes of this Chapter: (3345-2/97)
(a) Chief of Police - shall mean the Police Chief or his or her designee. (3345-2/97)
(b) City Administrator- shall mean the City Administrator or his or her designee. (3345-2/97)
(c) City Attorney - shall mean the City Attorney or his or her designee. (3345-2/97)
(d) City Treasurer- shall mean the City Treasurer or his or her designee. (3345-2/97)
(e) Director of Community Development - shall mean the Director of Community Development
or his or her designee. (3345-2/97)
(f) Goods or Merchandise - includes items and products of every kind and description, including
all foods, produce, and beverage items. (3345-2/97)
5/01
r
s
5.50.020(g)--5.50.020(r) Huntington Beach Municipal Code
(g) Human Powered Devise - shall mean any device moved by human power including but not
necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart, or other wheeled J
container or conveyance. (3345-2/97)
(h) Ice Cream Truck(s) — shall mean a motor vehicle engaged in the curbside vending or sale of
frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or
prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale
to children under 12 years of age. (3493-5/01)
(i) Mobile Vending Vehicle - shall mean any vehicle, as that term is defined in the California
Vehicle Code, which is equipped or primarily used for retail sales of fruits, vegetables or
produce, and/or prepared, pre-packaged, or unprepared, unpackaged food of any kind on any
public street, alley or highway or private street or alley within the City of Huntington Beach.
The inventory of these vehicles is not necessarily limited to edible items and may include
non-food sundries. A human powered device is not a mobile vending vehicle. (3345-2/97,3493-
5/01)
(j) Mobile Vendor- shall mean any person, as defined in this article, who: (3345-2/97,3493-5/01)
(1) Owns, controls, manages and/or leases a vending vehicle; and/or (3345-2/97)
(2) Contracts with a person(s)to drive, operate, prepare foods and/or vend from a food
vending vehicle. (3345-2/97)
(k) Operator - as used in this chapter shall mean any and all person(s) who drive, operate, prepare
foods and/or vend from a food vending vehicle. (3345-2/97,3493-5/01)
(1) Person - shall mean any natural person, firm, partnership, association, corporation, or other
entity of any kind or nature. (3345-2/97,3493-5101)
(m)Public property - shall mean any real property, or interest therein, owned, leased, operated, or
otherwise controlled by the City of Huntington Beach other than a street, alley, parkway or
sidewalk. (3345-2/97,3493-5/01)
(n) Restocking - shall mean any transfer of goods or merchandise to a mobile vending vehicle
from any other person or vehicle and includes, but is not limited to loading and delivery.
(3345-2/97,3493-5/01)
(o) Risk Manager - shall mean the City's Risk Manager or his or her designee. (3345-2/97,3493-5/01)
(p) Vehicle - shall mean as defined in the Vehicle Code of the State of California and shall not
include any human powered device. (3345-2/97,3493-5/01)
(q) Vend or Vending - as used in this chapter means soliciting, displaying, or offering produce,
fruits, vegetables, prepared food, pre-packaged food or non-food sundries of any kind for sale
or barter or exchange from a vehicle on a public or private street, alley, highway or public
place within the City of Huntington Beach and includes the movement or standing of a
vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce,
fruits, vegetables, prepared food, pre-packaged food or non-food sundries, including but not
limited to goods, wares, or merchandise. (3345-2/97,3493-5/01)
(r) Vendor - shall mean any person who engages in the act of vending from a vehicle or who
drives or otherwise operates any such vehicle for the purpose of vending therefrom. (3345-2/97,
3493-5/01)
5/01
Huntington Beach Municipal Code 5.50.030--5.50.040(I)
5.50.030 Permit Required. No person shall own, control, manage, lease or contract with other
persons for the operation of a vending vehicle in the City of Huntington Beach without the
appropriate valid permit issued pursuant to the provisions of this article in addition to any other
license or permit required by the City of Huntington Beach. (3345-2/97)
5.50.040 Vendor's Permit Required. Any person desiring to obtain a vendor's permit to
engage in the vending of goods or merchandise from a vehicle, or driving of such vehicle,
pursuant to this section shall make application to the City Treasurer, or his or her designee. Such
application shall be accompanied by a nonrefundable application fee in such amount as established
by resolution of the City Council. Any such permit shall be required to be renewed annually and a
separate nonrefundable application fee paid yearly for such renewal application. Each applicant for
a vendor's permit, or an operator or applicant for an operator's permit on behalf of such proposed
vendor, shall furnish the following information and documentation as part of or in conjunction
with such application: (3345-2/97)
(a) The present or proposed address from which the business is to be conducted, including the
location of, restocking and overnight parking of the mobile vending ordinance; (3345-2/97)
(b) The full and true name under which the business will be conducted; (3345-2/97)
(c) The full and true name and any other names used by the applicant; (3345-2/97)
(d) The present residence address and telephone number of the applicant; (3345-2/97)
(e) California Driver's License number of the applicant; (3345-2/97)
(f) Acceptable written proof that the applicant is at least eighteen years of age; (3345-2/97)
(g) The applicant's height, weight, color of eyes and hair, and date of birth; (3345-2/97)
(h) The business, occupation or employment history of the applicant for the three (3) year period
immediately preceding the date of the application; (3345-2/97)
(i) The permit history of the applicant, for the three (3) year period immediately preceding the
date of the filing of the application, including whether such applicant, in previously operating
in this or any other city, county, state or territory, has ever had any similar license or permit,
or franchise revoked or suspended, and if so, the circumstances of such suspension or
revocation; (3345-2/97)
(j) Written proof satisfactory to the City Attorney or Risk Manager that the applicant is insured
under the policy of insurance required for such business pursuant to § 5.50.090 of this
Chapter; (3345-2/97)
(k) When any change occurs regarding the written information required in this Chapter, prior to
issuance of a permit, the applicant shall give written notification of such change to the City
Treasurer within two (2) weeks after such change; (3345-2/97)
(1) If the applicant is an individual who intends to own, operate and drive his or her own vehicle,
it is not necessary to pay a fee for the vendor's permit application separate from the fee paid
for the operator's permit application. (3345-2/97)
5/01
5.50.050--5.50.070 Huntington Beach Municipal Code
5.50.050 Operator's permit required - Application for Operator's Permit; Contracts;
Required Fee. Any person desiring to obtain an operator's permit to conduct or otherwise
operate the business of vending goods or merchandise from a vehicle pursuant to this Section
shall make application to the City Treasurer or his/her designated representative. Such application
shall be accompanied by a nonrefundable application fee in such amount as established by
Resolution of the City Council. Any such permit shall be required to be renewed annually and a
separate nonrefundable application fee paid yearly for such renewal application. Each applicant for
an operator's permit shall furnish the following information and documentation as part of or in
conjunction with such application: (3345-2/97)
(a) The present or proposed address from which the business is to be conducted; (3345-2/97)
(b) The full and true name under which the business will be conducted; (3345-2/97)
(c) The full and true name and any other names used by the applicant; (3345-2/97)
(d) The present residence and business addresses and telephone numbers of the applicant;
(3345-2/97)
(e) A description of the goods or merchandise which the business will vend; (3345-2/97)
(f) The number of vehicles to be owned, operated, or controlled by the applicant and the makes,
body styles, years, serial and engine numbers, state license plate numbers, and names and
addresses of the registered and/or legal owners of each vehicle; (3345-2/97)
(g) A description of the logo, color scheme, insignia, and any other distinguishing characteristics
of the.applicant's vehicles. (3345-2/97)
5.50.060 Issuance of Permit. The City Treasurer shall grant the vendor's permit or operator's
permit within ten(10) days after receiving the completed application only if he or she finds that all
of the following requirements have been met: (3345-2/97)
(a) The required fees have been paid; (3345-2/97)
(b) The application conforms in all respects to the provisions of this section; (3345-2/97)
(c) The applicant has not made a material misrepresentation of fact in the application; (3345-2/97)
(d) The applicant has not had a similar permit denied or revoked by the City of Huntington Beach
within a period of one year prior to the date of such application; (3345-2/97)
(e) The applicant does not have any outstanding debt owing to the City of Huntington Beach;
(3345-2/97)
5.50.070 Denial of Permit. If the City Treasurer does not find that all of the requirements set
forth in § 5.50.060 as applicable have been met, he or she shall deny the application for the
vendor's or operator's permit. In the event the application for the permit is denied by the City
Treasurer, written notice of such denial shall be given to the applicant specifying the ground or
grounds of such denial. Notice of denial of the application for the permit shall be deemed to have
been served upon the date it is personally serviced on the applicant or when deposited in the
United States mail with postage prepaid and addressed to the applicant at his or her residence
address as set forth in the application for the permit. (3345-2/97) `.
5/01
r
Huntington Beach Municipal Code 5.50.070--5.50.090
Any applicant whose application for a vendor's or operator's permit has been denied by the City
Treasurer may appeal such denial to the City Administrator by filing a written notice of appeal
with the City Treasurer within ten (10) days following the date of service of the decision and
payment of the appeal fee prescribed by resolution of the City Council. The date of filing of said
notice of appeal shall be the date said notice and appeal fee are received by the City Treasurer.
(3345-2/97)
No person or entity whose permit is finally denied shall be eligible to apply for a new permit for a
period of one year following such final denial. ,(3345-2/97)
5.50.080 Revocation of Permit. Any vendor's or operator's permit may be revoked by the City
Treasurer for good cause shown including but not necessarily limited to any of the following
reasons: (3345-2/97)
(a)Falsification of any information supplied by the permittee upon which issuance of the permit
was based; (3345-2/97)
(b) Failure of the permittee, or any employees or subcontractors of the permittee, to comply with
the regulations set forth in this section; (3345-2/97)
(c) Conviction of a violation, or plea of guilty or nolo contondere, by the permittee, or any
employee, subcontractor or independent contractor of the permittee, of any state law or
municipal ordinance while in the course of conducting vending operations from a vehicle
pursuant to the permit; (3345-2/97)
(d) Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee of any
applicable provision or requirement of this section; (3345-2/97)
(e) No such revocation shall become effective until expiration of the appeal period. Notification
of the permit holder shall be made either by personal delivery or by certified or registered mail,
return receipt requested, addressed to the permit holder at such permit holder's residence
address as set forth on the application for a permit. Service shall be deemed made on the
permit holder on the date personally delivered or on the date of mailing. A permit holder may
appeal such revocation to the City Administrator by filing a written notice of appeal with the
City Treasurer within ten (10) days following the date of service of such decision and payment
of the appeal fee, as prescribed by resolution of the City Council. The date of filing of said
notice of appeal shall be the date said notice and appeal fee are received by the City Treasurer.
If a timely appeal is filed, the revocation shall be stayed pending the decision of the City
Administrator. Otherwise the suspension or revocation shall become effective immediately
upon expiration of said appeal period. (3345-2/97)
(f) No person or entity whose permit is revoked shall be eligible to apply for a new permit for a
period of one year following such revocation. (3345-2/97)
5.50.090 Appeals. Upon receipt of a timely appeal by the City Administrator or his designated
representative, shall hear such appeal within twenty (20) days following the date of such appeal
and shall give the appellant not less than five (5) days advance notice of the date of such hearing.
The decision of the City Administrator shall be based upon the same criteria as set forth in this
section which are applicable to the issuance or revocation of such permit. The appellant shall be
notified of the decision of the City Administrator by mailed, written notice. The decision of the
City Administrator shall be final. No revocation of a permit pursuant to this section shall be
deemed effective during the pendency of a timely filed appeal until the date of mailing of the City
Administrator's decision; provided, however, no permit holder shall operate during any period of
time in which the insurance coverage required by this section is not in full force and effect.
(3345-2/97)
5/01
Q
5.50.100--5.50.170(a)(1) Huntington Beach Municipal Code
5.50.100 Enforcement. The Director of Community Development and the Chief of Police have
the authority to enforce the provisions of this ordinance. (3345-2/97)
5.50.110 Temporary Special Events Permit. Peddlers and vendors wishing to conduct
business at any special event shall apply to the City for a Temporary Vending License. Application
for such a license must be made at least thirty (30) days prior to the beginning of the event.
Applicants must meet the same application requirements as other peddlers and vendors. The
license is valid only for the duration of the special event. Peddlers and vendors granted a
temporary license are subject to the same operating regulations as other vendors, except where
otherwise Specified. (3345-2/97)
5.50.120 Trash Receptacles and Removal. (3345-2/97)
(a) All Mobile Vending vehicles shall be equipped with refuse receptacles large enough to contain
all refuse generated by the operation of such vehicle; (3345-2/97)
(b) The operator of the mobile vending vehicle shall pick up all refuse generated by such
operation within a fifty (50') foot radius of the vehicle before such vehicle is moved, all refuse
shall be disposed of at an approved solid waste facility. (3345-2/97)
5.50.130 Hours of Operation. (3345-2/97)
(a) No vehicle or stand used for vending shall remain on public property during non-operating
hours. Overnight parking of Mobile Vending vehicle on a public street or alley is prohibited.
(3345-2/97)
(b) No vending shall be permitted by any operator or conducted by a vendor except between the !�
hours of 7:00 a.m. and 8:00 p.m. (3345-2/97)
5.50.140 Insurance Provisions. All operations shall have liability insurance covering the vehicle in
accordance with the State of California (3345-297)
5.50.160 Noise Level. (3345-2/97)
(a) Any use of amplified sound making devices, including vehicle horns, to advertise, draw
attention to, or announce the presence of any such vehicle shall comply with the limitations
and provisions set forth in the Huntington Beach Municipal Code. No amplified sound making
devices shall be used for such purposes upon any public street immediately contiguous to any
property zoned for residential use within the City. (3345-2/97)
(b) Non-amplified sound making devices shall not be made while the vehicle is stopped, parked,
or otherwise in a stationary position, on any public street in an area zoned for residential use
within the City; and such sounds shall not be audible to a person with normal hearing for a
distance of more than two hundred (200) feet in a area zoned for residential use within the
City. (3345-2/97)
5.50.170 Prohibited Conduct. (3345-2/97)
(a) No person shall vend from a Mobile Vending vehicle, except for ice cream trucks, which is
stopped, parked or standing on any public street, alley or highway in any of the following
situations: (3345-2/97,3493-5101)
(1) Within five hundred (500') feet of any active public school property, park, playground or
recreational facility; (3345-2/97)
5/01
Huntington Beach Municipal Code 5.50.170(a)(2)--5.50.180
(2) Within three hundred feet (300') of any other Mobile Vending vehicle which is engaged in the
operation of vending; (3345-2/97)
(3) Within one hundred (100') feet of an intersection (including public alleys); (3345-2/97)
(4) When the posted speed limit on the public street, alley or highway is greater than
thirty-five (35) miles per hour. (3345-2/97)
(5) When the Mobile Vending vehicle is parked in violation of any other provision of this
Code or the California Vehicle Code. (3345-2/97)
(6) When the Mobile Vending vehicle is duly registered and licensed by the State of California
with an unladen weight exceeding six thousand (6,000) pounds. (3345-2/97,3493-5/01)
(7) When any part of the Mobile Vending vehicle is open to prospective customers other than
on the side of the vehicle next to the right side of the street or highway; (3345-2/97)
(8) When the Mobile Vending vehicle is not stopped, parked or standing on the right side of
the street or highway; (3345-2/97)
(9) When the prospective customer is standing or sitting in another vehicle; or, (3345-2/97-)
(10)When the prospective customer is located in that portion of the street, alley or highway
which is open to vehicular traffic; (3345-2/97)
(11)When the Mobile Vending vehicle is within any parkway, alley, sidewalk or within a no
parking area as defined by Huntington Beach Municipal Code § 10.40.050, or other
public property. (3345-2/97)
(b) Re-stocking of a Mobile Vending vehicle is prohibited on a public street or alley. (3345-2/97)
(c) No Mobile Vending vehicle shall attach to or receive any utilities from private or public
property. (3345-2/97)
(d) No additional lighting other than that required by the California Vehicle Code may be installed
or operated on a Mobile vending vehicle. (3345-2/97,3493-5/01)
(e) All Mobile Vending vehicles are prohibited from operating on private property except mobile
vending vehicles shall be permitted to provide meals/snacks for employees at the private
property for a period of thirty (30) minutes or less (such as construction sites). (3345-2/97,3493-
5/01)
(f) All vending from any human powered device is prohibited. (3345-2/97,3493-5/01)
5.50.180 Applicability of Regulations to ExistinjI Businesses. The provisions of this article
shall be applicable to all persons and businesses described herein whether the herein described
activities were established before or after the effective date of the ordinance enacting this article
into law. All such persons and businesses shall have thirty (30) days from said effective date to file
a completed application for a vendor's or operator's permit with the City of Huntington Beach.
(3345-2/97)
5/01
5.50.190--5.50.220 Huntington Beach Municipal Code
5.50.190 Conducting as a Nuisance. An Mobile Vending vehicle operated contra to the
Y � � contrary
provisions of this article shall be hereby declared to be unlawful and a public nuisance and the City
Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an
action or actions, proceeding or proceedings, for the abatement, removal or enjoyment thereof, in
the manner provided in Chapter 17 of the Huntington Beach Municipal Code, and may take such
other steps and may apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such establishment and restrain and enjoin any person from operating a
Mobile Vending vehicle contrary to the provisions of this article. (3345-2/97)
5.50.200 Penalty for violation. Every violation of the provisions of this article shall be deemed
to be a misdemeanor punishable by imprisonment not exceeding four(4) months or by fine not
exceeding five-hundred dollars ($500), or by both fine and imprisonment. Each day any violation
of any said provision of this article shall constitute a separate offense. (3345-2/97)
5.50.210 Exemptions. The requirements of this section shall not apply to: (3345-2/97)
(a) Any person delivering any goods or merchandise by vehicle where such goods or merchandise
has been ordered in advance for such delivery from any business located at a permanent
location and which goods or merchandise is being delivered from such location to the
customer by vehicle, regardless of the point of sale thereof. (3345-2/97)
(b) Any person engaged in the vending of goods or merchandise on public property where such
persons has been authorized by the City of Huntington Beach to engage in such activity by a
permit, lease, real property license, agreement, or other entitlements issued by the City for
such purpose. (3345-2/97)
5.50.220 Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in
this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by
any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this chapter or any part thereof. The City Council hereby declares that it would
have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or prases be declared unconstitutional, or invalid, or ineffective. (3493-5/01)
5/01
Huntington Beach Municipal Code Title 8 Index--8.04.010(b)
Title 8
HEALTH AND SAFETY
Chapters:
8.04 Food Handling Establishments
8.08 Repealed (3493-5/01
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.20 Refuse
8.24 Dust--Industrial Waste
8.32 Standing Water
8.36 Rubbish
8.40 Noise Control
8.42 Use of Police Services at Loud Parties or Other Activities
8.44 Vehicles and Motorcycles
8.48 Inoperable Vehicles
8.50 Mobile Source Air Pollution Reduction Ordinance
8.56 Mobile X-ray Units
8.60 Civil Defense--Emergency Services
8.64 Labor Camps
8.68 FireMed Program
8.70 Tattooing Establishment and Operation Regulations
Chapter 8.04
FOOD HANDLING ESTABLISHMENTS
(514-8/47, 1254-9/66,1892-2/74,2407-2/80,3205-.10/93)
Sections:
8.04.010 Definitions
8.04.020 Permit required--Conditions and terms
8,04.030 Construction, conversion and alteration
8.04,040 Suspension of permits
8.04.050 Notice of violation
8.04.060 Hearing
8.04.070 Mobile food preparation units--generally
8.04.080 Additional requirements for mobile food preparation units operating in
multi-locations in any day
8.04.090 Suspension for refusal of entry
8.04.100 Summary suspension
8.04.110 Supervision of closing down premises
8.04.120 Rules and regulations
8.04.130 Fees
8.04.140 Penalty
8.04.150 Preemption
8.04.010 Definitions. The following terms used in this chapter shall have the meanings indicated
below; provided, however, said definitions shall also include any amendments or changes made to
referenced sections of the California Health and Safety code after January 1, 1991: (3205-10/93)
(a) Certified farmers' market shall be as defined in section 27512 of the California Health and
Safety Code. (3205-10/93)
(b) Commissary shall be as defined in section 27513 of the California Health and Safety Code.
(3205-10/93)
5/01
e.
b
8.04.01 0(c)--8.04.01 0(t) Huntington Beach Municipal Code
(c) Food establishment shall be as defined in section 27520 of the California Health and Safety
Code. (3205-10/93)
(d) Food facility shall be as defined in section 27521 of the California Health and Safety Code.
(3205-10/93)
(e) Food processing establishment shall be as defined in section 28280.1 of the California Health
and Safety Code. (3205-10/93)
(f) Health Department or Department shall mean the Orange County Health Care Agency.
(3205-10/93)
(g) Health Officer shall mean the County Health Officer or his or her deputy. (3205-10/93)
(h) Inspector shall mean an Environmental Health Specialist, as defined in Health and Safety Code
Section 517, employed by the Health Department, or the Health Officer or any Deputy Health
Officer authorized to inspect premises or equipment for the enforcement of this chapter.
(3205-10/93)
(i) Mobile food preparation unit shall be as defined in section 27526 of the California Health and
Safety Code. (3205-10/93)
(j) Open-air Barbecue facility shall be as defined in section 27528.5 of the California Health and
Safety Code. (3205-10/93)
(k) Person shall be as defined in section 27530 of the California Health and Safety Code.
(3205-10/93)
(1) Premises shall include land, buildings, vehicles and ships and other vessels wherein food is
handled, stored, distributed, prepared, processed, served or sold, and also equipment installed
or used in food establishments or food facilities or on such premises. (3205-10/93)
(m)Produce shall be as defined in section 27533 of the California Health and Safety Code.
(3205-10/93)
(n) Receipt shall mean a County public health services fee receipt. (3205-10/93)
(o) Restricted food service transient occupancy establishment shall be as defined in section
27535.5 of the California Health and Safety Code. (3205-10/93)
(p) Satellite food distribution facility shall be as defined in section 27536.5 of the California
Health and Safety Code. (3205-10/93)
(q) Temporary food facility shall be as defined in section 27538 of the California Health and
Safety Code. (3205-10/93) .
(r) Vehicle shall be as defined in section 27540 of the California Health and Safety Code.
(3205-10/93)
(s) Vending,machine shall be as defined in section 27541 of the California Health and Safety
Code. (3205-10/93)/
(t) Vending machine business shall mean the business of selling food or beverages by means of
vending machines, regardless of the number of locations at which the vending machines are
located. (1254-9/66,1892-2/74,2407-2/80,3205-10/93)
10/93
a
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective December 5, 2000)
Please Remove from Code Please Add to Code
Chapter 10.12 Chapter 10.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
4 , Munici
r
r paJ;code,-�sa a_ le won �tfi:e Intern u.http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
a
Huntington Beach Municipal Code 10.12.010--10.12.040
Chapter 10.12
SPEED LIMITS
(1935-11/74, 1947-12/74,1997-9175,2066-7/76,2316-10/78,2325-11178,2358-5/79,2388-9/79,2421-5/80,
Urg Ord 2422-3/80,2432-6/80,2527-2/82,2624-7/83,2654-11/83,2670-11/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,
3187-3/93,3188-3/93, Urg.3204-7/93,3230-4/94,3272-1/95,3328-6/96,3380-12/97,3383-3/98,3448-1/2000,Urg.3476-9/2000;
3479-12/2000)
Sections:
10.12.010 Twenty-five m.p.h. prima facie speed limit
10.12.020 Thirty m.p.h. prima facie speed limit
10.12.030 Thirty-five m.p.h. prima facie speed limit
10.12.040 Forty m.p.h. prima facie speed limit
10.12.050 Forty-five m.p.h. prima facie speed limit
10.12.060 Fifty m.p.h. prima facie speed limit
10.12.065 Fifty-five m.p.h. prima facie speed limit
10.12.070 Speed limits on state highways
10.12.080 Speed limits enumerated
10.12.010 Twenty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets and that the prima facie limit of speed on a portion of the following streets as listed in
Section 10.12.080 shall be and is twenty-five (25) miles per hour. (1935-11/74, 1947-12/74,2066-7/76,
2421-5/80,2883-12/86,3133-8/92,3272-1/95,3380-12/97)
10.12.020 Thirty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of thirty (30) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is thirty (30) miles per hour. (1935-11/74, 1947-12/74, 1997-9/75,2066-7/76,2388-9/79,2432-6/80,2527-2/82,
3133-8/92,3230-4/94,3272-1/95,3380-12/97)
10.12.030 Thirty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of thirty-five (35)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is thirty-five (35) miles per hour. (1935-11/74, 1947-12/74,2358-5/79,Urg
Ord 2422-3/80,2527-2/82,2654-11/83,2670-11/83,2715-9/84,2878-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12/97)
10.12.040 Forty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of forty (40) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is forty (40) miles per hour. (1935-11/74, 1947-12/74,1997-9/75,2066-7/76,2316-10/78,2358-5/79,2421-5/80,
2432-6/80,2527-2/82,2624-7/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12/97)
12/00
10.12.050--10.12.080 Huntington Beach Municipal Code
10.12.050 Forty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of forty-five (45)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is forty-five (45) miles per hour. (1935-11/74,1947-12/74,2358-5/79,
2388-9/79,Urg Ord 2422-3/80,3133-8/92,3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3380-12/97)
10.12.060 Fifty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty (50) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty (50) miles per hour. (1935-11/74,1947-12/74,3133-8/92,Urg.3204-7/93,3230-4/94,3380-12/97)
10.12.065 Fifty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of
an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the
most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that
the prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty-five (55) miles per hour. (3133-8/92,3230-4/94,3380-12/97)
10.12.070 Speed limits on state highways. The State of California has established that orderly
movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets
and that the prima facie limit of speed on a portion of the following streets shall be and is as listed
in Section 10.12.080. (3133-8/92)
10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up
(North) and to the right (East). An asterisk (*) denotes speed limit not set by survey. (3133-8/92,
3230-4/94,3328-6/96,3380-12/97,3383-3/98,3448-1/2000,Urg.3476-9/2000,3479-12/2000)
(REST OF PAGE INTENTIONALLY LEFT BLANK)
12/00
Huntington Beach Munci al Code 10.12.080
STREET BETWEEN SPEED
1st PCH Atlanta 35
Adams 17th Main Street 25
Main Street Lake Street 25
Lake Street Delaware 40
Delaware Beach 40
Beach Newland 45
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Santa Ana River 45
Algonquin Warner Heil 40
Ar osX Bolsa Chica Graham 40
Atlanta 1st Delaware 30
Delaware Beach 35
Beach Newland 40
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Bannin& Ma nolia Brookhurst 35
Beach Pacific Coast Hwy 1320'N/O Ellis 50
(State Route 39) Postmile 0.0 Postmile 3.25
1320'N/O Ellis North City Limit 45
Postmile 3.25
Bolsa Bolsa Chica Springdale 45
Springdale Edwards 45
Edwards Goldenwest 40
Bolsa Chica South City Limit Warner 30
Warner Heil 45
Heil Edinger 45
Edin er Rancho 45
Brookhurst PCH Banning 50
Banning Atlanta 45
Atlanta Adams 45
Adams Garfield 45
Bushard Brookhurst Hamilton 45
Hamilton Indianapolis 45
Indianapolis Yorktown 45
Yorktown Garfield 45
Center Gothard I-405 F 35
Channel Admiralt Gilbert 30
Cla Main Beach 30
Coldwater Adams Yorktown 30
Countess Portofino Edin er 30
Daven ort Ed ewater Al on uin 35
12100
a
10.12.080 Huntin on Beach Municipal Code K
STREET BETWEEN SPEED
Delaware Atlanta Adams 35
Adams Garfield 35
Garfield Main 35
Edinger West City Limit Bolsa Chica 45
Bolsa Chica Graham 45
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 40
Goldenwest Gothard 40
Gothard Beach 35
Beach Newland 40
Edwards Garfield Ellis 40
Ellis Varsity 40
Varsity Slater 40
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger McFadden 40
McFadden Bolsa 40
Bolsa North Citx Limit 40
Ellis Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Delaware 40
Delaware Beach 35
Beach Newland 40
Florida Garfield Main 30
Garfield Sea point Edwards 45
Edwards Goldenwest 45
Goldenwest Main Street 40
Main Street Beach 35
Beach Newland 40
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Ward 45
Golden-vvest PCH Palm 50
Palm Yorktown 50
Yorktown Ellis 50
Ellis Talbert 50
Talbert Slater 50
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
12/00
i
Huntington Beach Munici al Code 10.12.080
STREET BETWEEN SPEED
Gothard Garfield Ellis 40
Ellis Talbert 40
Talbert Slater 35
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger Center 40
Center McFadden 40
Graham South City Limit Slater 35
Slater Warner 40
Warner Heil 35
Heil Edinger 40
Edinger McFadden 45
McFadden Bolsa 45
Hamilton Newland Ma nolia 45
Ma nolia East City Limit 45
Heil Saybrook Bolsa Chica 35
Bolsa Chica Springdale 40
Springdale Goldenwest 40
Goldenwest Beach 40
Beach Newland 35*
Huntington PCH Atlanta 35
Atlanta Yorktown 30
Yorktown Ta for 25
Indianapolis Beach Newland 40
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Lake Orange Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
Los Patos Warner Bolsa Chica 30
Magnolia PCH Banning 40
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Warner I-405 San Die o FM) 45
Main Street PCH Adams 25
Adams Yorktown 35
Yorktown Garfield 40
Garfield Delaware 40
Delaware Ellis/Beach 35
12/00
A
10.12.080 Huntington Beach Municipal Code t
STREET BETWEEN SPEED
McFadden Bolsa Chica Graham 25
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard East Ci!X Limit 40
Newland PCH Hamilton 35
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Garfield 45
Garfield Talbert 45
Talbert Warner 45
Warner Heil 45
Heil Edin er 45
Orange Main Fifth(5th) 25
5th Ninth 9th) 30
9th 17th 30
17th Goldenwest 30
PCH South Ci!Y Limit Brookhurst 55
(State Route 1) Brookhurst Magnolia 55
Magnolia Newland 55
Newland 900' S/O Beach 55
900' S/O Beach Huntington 45
Huntington 800'N/O Huntington 45
800'N/O Huntington Main 35
Main 160' S/O 12th 35
160' S/O 12th 17th 45
17th 150' S/O 20th 45
150' S/O 20th 20th 50
20th Goldenwest 50
Goldenwest 6200'N/O Goldenwest 50
6200'N/O Goldenwest 800' S/O Warner 55
800' S/O Warner North Citx Limits 40
Palm Main Goldenwest 30
Goldenwest Sea oint 40
Parkside Holt Edin er 30
Promenade Gothard Main 30
Rancho Bolsa Chica North/East CitX Limits 40
Saybrook Davenport Humboldt 30
Humboldt Edin er 40
17th PCH Palm 35
Orange Palm 35
Palm Main 35
Huntin on Florida 35
12/00
Huntington Beach Munici al Code 10.12.080
STREET BETWEEN SPEED
Sea point PCH Garfield 40
Sher Juliette Low Edin er 30
Slater Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Beach 40
Beach Newland 40
Springdale South City Limit Talbert 45
Talbert Slater 40
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden North City Limit 45
Summit Sea oint Goldenwest 35
Talbert West City Limit Edwards 40
Goldenwest Gothard 40
Gothard Beach 40
Beach Newland 45
Ward Yorktown Garfield 45
Warner PCH Algonquin 50
Algonquin Graham 45
Graham Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Nichols 40
Nichols Ash 45
Ash Beach 45
Beach Newland 45
Newland Ma nolia 45
Yorktown Goldenwest Main Street 30
Main Street Lake Street 30
Lake Street Beach 30
Beach Newland 35
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 45
Brookhurst Ward 45
12/2000
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective November 15 , 2000)
Please Remove from Code Please Add to Code
Table of Contents, Page v Table of Contents, Page v
Chapter 5.70 Chapter 5.70
Chapter 17.65 Chapter 17.65
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
���� _:� �?Munci al Code rs. available.:ors tne�:lntern t�c�.��:b
d
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
S
TITLE 14 (continued)
14.18 Water Management Program
J 14.20 Water Main Extensions
14.24 Water Pollution
14.25 Storm Water and Urban Runoff Management
14.26 Construction and Abandonment of Water Wells
14.36 Sewer System Service Connections, Fees and Deposits
14.44 Sewer Main Extensions
14.48 Drainage
14.52 Water Efficient Landscape Requirements
TITLE 15 - OIL
15.04 General Provisions
15.08 Definitions
15.12 Permits and Fees
15.16 Insurance
15.20 Drilling, Operation and Safety Regulations
15.22 Screening and Landscaping
15.24 Cleanup and Maintenance
15.28 Waste Water System
15.32 Nonproducing and Idle Wells
15.36 Nuisance Oil Wells and Sites
15.40 Activation of Idle Wells
15.50 Consolidation Projects
TITLE 16 - RESERVED
TITLE 17 - BUILDINGS AND CONSTRUCTION
17.02 Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Huntington Beach Nuisance Code
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy Code
17.64 Undergrounding of Utilities
17.65 Fair ShareTraffic Impact Fee
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants of Easement
TITLE 18 - RESERVED
v
11/00
Huntington Beach Municipal Code 17.65.010--17.65.030(a)
Chapter 17.65
FAIR SHARE TRAFFIC IMPACT FEE
(3477-11/00)
Sections:
17.65.010 Short Title
17.65.020 Intent and Purposes
17.65.030 Definitions
17.65.040 Applicability of Chapter
17.65.050 Establishment of a Fair Share Traffic Impact Mitigation Fee
17.65.060 Exemption
17.65.070 Calculation and Payment of the Traffic Impact Fee
17.65.080 Fee Adjustments
17.65.090 Fee Refunds
17.65.100 Fee Credits for Construction of Citywide Surface Transportation
Improvements
17.65.110 Establishment of Reserve Account for Fees
17.65.120 Eligible Expenditures From Fee Reserve Account
17.65.130 Annual Program Review and Periodic Adjustment of the Fee
17.65.140 Preparation of Implementation Guidelines
17.65.010 Short Title
This Chapter of the Municipal Code may be cited as the "Fair Share Traffic Impact Fee
Ordinance."
17.65.020 Intent and Purposes
This Chapter is intended to implement the goals, objectives and policies of the City of
Huntington Beach General Plan, by ensuring that the City's adopted Level of Service standards
for arterial roadways and signalized intersections are maintained when new development is
constructed within the City limits. By imposing a fee that is reasonably related to the burdens
created by new development on the City's surface transportation system, together with funding
available from other City revenue sources, the City will be able to construct the required capital
improvements, accommodate projected growth and fulfill the goals, objectives and policies of
the City's General Plan.
It is the intent of the City Council that the fee required by this Chapter shall be supplementary to
any conditions imposed upon a development project pursuant to other provisions of the
Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state
and local laws, ordinances or Charter provisions which may authorize the imposition of
conditions on development.
17.65.030 Definitions
For the purpose of this Chapter, the following terms shall be defined as follows:
(a) "Applicant" shall mean any person or legal entity that applies for a permit or other
entitlement for a new development project.
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4 f
17.65.030(b)--17.65.030(n) Huntington Beach Municipal Code
(b) "City" shall mean the City of Huntington Beach.
(c) "Commercial or Industrial Development Project" shall mean the construction of new
Floor Area on a lot in any of the Non-Residential Zoning Districts of the City.
(d) "Development Project" means any residential, commercial or industrial Development
Proj ect.
(e) "Fair Share Traffic Impact Mitigation Fee" or"Fee" shall mean the fee imposed on new
development projects pursuant to this Chapter.
(f) "Floor Area" shall mean the area of all floors and levels as defined in the Huntington
Beach Building Code.
(g) "Government or Public Facilities" shall mean publicly owned buildings and structures
used for the purposes of conducting City, County, State or Federal Government business.
Such facilities shall include, but not be limited to, city halls, police and fire stations,
offices, equipment yards, sanitation facilities, schools, recreation centers, and similar
facilities. Private commercial Development Projects leasing publicly owned land shall not
be considered Government or Public Facilities.
(h) "Land Use Category" shall mean any of the specific land uses that have been listed in the
fair share implementation resolution authorized pursuant to Section 17.65.050, and used to �J
provide the basis for future traffic projections.
(i) "New Development Project" shall mean any construction, addition, alteration or other
change of use of a building or land that requires the City to issue a grading, building,
plumbing, mechanical, or electrical permit, or any other form of entitlement.
(j) "Public Works Director" shall mean the Director of Public Works or the Director's
designee.
(k) "Residential Development Project" shall mean the construction of a dwelling unit on a lot
in any of the residential zoning districts of the City. For purposes of this Chapter, the
addition of Floor Area shall be considered construction of a Residential Development
Project if the additional Floor Area exceeds fifty (50) percent of the existing Floor Area,
as determined by the Building and Safety Director.
(1) "Site-Related Right-of-Way or Improvement Construction" shall mean right-of-way or
traffic improvements that must be constructed on the site of a new development project in
order to comply with applicable City development regulations and standards.
(m) "Surface Transportation System" shall mean the City's system of streets, roads and
intersections traversed by automobiles and other vehicles.
(n) "Fee Calculation Report" shall mean the report entitled"City of Huntington Beach Fair \J
Share Traffic Mitigation Impact Fee Calculation Method and Justification" prepared by
Hamilton, Rabinovitz& Alschuler, dated September 19, 2000.
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i
f
Huntington Beach Municipal Code 17.65.030(o)--17.65.050
(o) "Transportation System Needs Analysis" shall mean the report prepared for the City
entitled City of Huntington Beach Transportation System Needs Analysis 2000-2010,
prepared by JR Consulting Engineers, dated September 12, 2000.
(p) "Vehicle Trips" shall mean the number of average, daily trips generated by uses of land,
as specified in the Santa Ana River Area("SARA") traffic model, and at the discretion of
the Public Works Director when the SARA traffic model does not provide vehicle trips,
the most recent edition of Institute of Transportation Engineers, Trip Generation.
17.65.040 Applicability of Chapter
(a) New Development Projects Deemed Complete After December 1, 2000. The
obligations established by this Chapter shall apply to all new development projects for
which a development application was deemed complete on or after December 1, 2000.
No building permit or any other entitlement for use shall be issued for a new development
project unless such project complies with the requirements of this Chapter.
(b) New Development Projects Deemed Complete Prior to December 1, 2000. New
development projects for which the last discretionary development application was
deemed complete, or for which a building permit was issued, prior to December 1, 2000
shall be subject to the provisions of Municipal Code Chapter 17.65 or the Interim Traffic
Impact Fee Ordinance as either existed on the date the application was deemed approved,
or the building permit was issued, as applicable.
17.65.050 Establishment of a Fair Share Traffic Impact Mitigation Fee
A Fair Share Traffic Impact Mitigation Fee is hereby established. Any person who, after the
effective date of this Chapter, seeks to develop land, or modify the use of land within the City,
by applying for a building permit or other entitlement for use, or an extension of a building
permit or other entitlement for use previously granted, for a development project that will
generate net additional vehicle trips on City streets, is hereby required to pay a Fair Share Traffic
Impact Mitigation Fee in the manner and amount specified herein.
The City Council shall, by resolution, set the specific amount of the fee, a formula for adjusting
the fee to account for annual inflation in transportation improvement construction costs, describe
the benefit and impact area on which the development impact fee is imposed, list the specific
public improvements to be constructed, describe the estimated cost of these facilities, and
describe the reasonable relationship that exists between the fee, the various types of new
development permitted in the City and the cost of improvements necessitated by new
development. The specific amount of the fee shall be based upon the category for the
development, multiplied by the vehicle trip for Land Use Category multiplied by the size of the
use.
This fee shall be adjusted on December 1, 2001, and annually thereafter by an amount equal to
the change in the construction cost index for the preceding year, as determined by the
Engineering News Record, published by the McGraw Hill.
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4 r
r6
17.65.060--17.65.070(c) Huntington Beach Municipal Code
17.65.060 Exemptions
(a) Exemption Categories. The following development projects shall be exempt from the
requirements of this Chapter:
(1) Government and public facilities.
(2) Alteration or expansion of an existing building in which no additional dwelling
units are created, the use is not changed, and where no additional vehicle trips will
be produced over and above those produced by the existing building.
(3) The construction of accessory buildings, structures or uses which will not produce
additional vehicular trips over and above those produced by the principal building
or use of the land.
(4) The replacement of a destroyed or partially destroyed building or structure with a
new building or structure of the same size and use, provided that no additional
vehicle trips will be produced over and above those produced by the original use of
the land.
(b) Claim for Exemption Required. Any claim of exemption must be filed in the same
manner and will be considered pursuant to the same procedure as for a fee adjustment as
provided in Section 17.65080(c).
17.65.070 Calculation and Payment of the Traffic Impact Fee
(a) Fee Calculation. The Public Works Director shall be responsible for calculating the Fair
Share Traffic Impact Mitigation Fee required by this Chapter, in accordance with the Fair
Share Traffic Impact Mitigation Fee Schedule adopted by resolution of the City Council.
The applicable amount of the fee shall be estimated at least 60 days prior to the first public
hearing for any discretionary planning approvals required by City Zoning and Subdivision
Ordinance. The estimated fee shall identify the use category, the vehicle trips for the use
and the total estimated for fee based upon the proposed size of the developments. The fee
estimated shall be recalculated as needed at the time a building permit is issued, based on
the vehicle trip generation characteristics of the final development plan for which the
building permit is issued.
(b) Payment Procedure for Commercial or Industrial Development Projects. Fees
required by this Chapter from a New Commercial or Industrial Development Project shall
be paid at the time that the City issues a building permit for the Project.
(c) Payment Procedure for Residential Development Proiects. The fee required by this
Chapter from a New Residential Development Project shall be paid before final inspection
of the dwelling unit on which the fee was imposed. However, the Planning Director may
adopt procedures to advance the time the fee is due on Residential Development Projects
consistent with Government Code Section 66007, as amended.
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Huntington Beach Municipal Code 17.65.070(d)--17.65.080(c)(1)(A)
(d) Fee Payments for Phased Development Projects. If a Development Project will be
constructed in phases, and separate building permits and certificates of occupancy will be
issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the
basis of the vehicle trip characteristics of the entire Development Project. Payment of the
fees may be made separately for each phase, provided the amount paid for each phase
shall be equal to the percentage that the vehicle trips for that phase represent of the total
development project's vehicle trips. The fee per vehicle trip shall be the fee in effect at
the time payment is due.
(e) Deposit of Fees. All Traffic Impact Fees collected shall be transferred for deposit into a
separate reserve account, as specified in this Chapter, and used solely for the purposes
specified in this Chapter.
17.65.080 Fee Adjustments
(a) An applicant for a New Development Project subject to a fee required by this Chapter may
apply to the City for a reduction, adjustment or waiver of the fee.
(b) Circumstances That May Justify a Fee Adjustment. Examples of circumstances that
may justify a fee adjustment include, but are not necessarily limited to the following:
. (1) The Development Project includes an existing building that is proposed to be
demolished, provided the building proposed to be demolished was capable of being
used at the time of the Development Project application, and sufficient information
about its prior use is available to determine its trip generation characteristics. Any
such adjustment is limited to the amount of the fee that would otherwise be due for
the New Development Project.
(2) The physical or operating characteristics (e.g., hours of operation) of the New
Development Project produce trip generation characteristics that are substantially
different from the land use on which the fee calculation is based.
(3) The New Development Project includes multiple land uses whose trip generation
characteristics are complementary, such that the Development Project's total trip
generation is anticipated to be less than the sum of the vehicle trips associated with
its individual land uses.
(c) An application for a fee adjustment shall be made and decided as follows:
(1) Application. A separate application shall be filed for each adjustment request made
pursuant to this Section. Such application shall be made on a form provided by the
Public Works Director and shall be filed with the Public Works Director not later
than:
(A) thirty (30) days prior to the first public hearing on an applicable discretionary
permit application for the Development Project, pursuant to the City Zoning
and Subdivision Ordinance; or
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17.65.080(c)(1)(B)--17.65.090(b) Huntington Beach Municipal Code
(13) if no such discretionary permit is required, at the time of application for a J
building permit for the Development Project. Each application shall state in
detail the factual basis for the requested fee reduction, adjustment or waiver.
The Public Works Director shall determine if the application is complete, and
if not, may cause the public hearing to be continued until the application is
determined to be complete.
(2) Hearing. The Planning Commission or the Zoning Administrator shall consider the
fee adjustment application at the same public hearing as the application for a
discretionary development permit for the Development Project, or, if no such permit
is required, the Public Works Commission shall consider the application at a
separate hearing within (sixty) 60 days after the fee adjustment application is
deemed complete by the Public Works Director.
(3) Appeal. Any person may appeal the decision of the Planning Commission, Zoning
Administrator or Public Works Commission to the City Council, by filing a written
appeal with the City Clerk within ten (10) days of the Planning Commission's
decision.
17.65.090 Fee Refunds
Upon application, fees collected by the City pursuant to this Chapter shall be refunded only
under the following circumstances:
(a) Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to
the satisfaction of the Public Works Director that they were erroneously or illegally
collected, or if the City is compelled to do so pursuant to a final judgment by a court of
competent jurisdiction. An application for a refund pursuant to this Section shall be filed
within ninety (90) days after the payment of the fees pursuant to Section 17.65.070.
(b) City Failure to Commit Funds. Pursuant to Government Code Section 66001(e), fees
will be refunded if the City fails to commit them to a surface transportation improvement
project of the nature or type identified in the Transportation System Needs Analysis
within five years from the date that the fees were collected from the applicant. For
purposes of this subsection, fees are deemed to have been"committed" if they have been
budgeted or otherwise encumbered by the City for an eligible improvement, studies,
design drawings or any necessary applications for approval by other governmental
agencies have been initiated, construction bidding has been initiated, or improvements are
under construction. Eligible refunds, plus interest at the City's average annual cost of
funds, will be made only upon an application filed within 180 days of the expiration of the
fifth anniversary of the fee payment.
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� t
Huntington Beach Municipal Code 17.65.100--17.65.100(d)
17.65.100 Fee Credits for Construction of Citywide Surface Transportation Improvements
(a) An applicant for a New Development project shall be entitled to a credit against the
amount of the Fair Share Traffic Impact Mitigation Fee otherwise required by this
Chapter, if the applicant agrees to dedicate right-of-way needed for, or construct a traffic
improvement listed in, the Transportation System Needs Analysis. No credit shall be
given for site-related improvements or site-related right-of-way dedications.
(b) Application. A separate application shall be filed for each adjustment request made
pursuant to this Section. Such application shall be filed with the Public Works Director
on a form provided by the Director, not later than:
(1) Thirty (30) days prior to the first public hearing on an applicable discretionary
permit application for the development project, pursuant to the City Zoning and
Subdivision Ordinance; or
(2) If no such discretionary permit is required, at the time of application for a building
permit for the development project. Each application shall provide the
documentation and assurances specified below.
Any credit application shall be considered pursuant to Section 17.65.070 in the same
manner as the fee calculation adjustment.
(c) Credit for the Dedication of Non-Site-Related Right-of-Way. Credit for the dedication
of non-site-related right-of-way for streets or street segments listed in the Transportation
System Needs Analysis shall be valued at 115 percent of the most recent assessed value as
determined by the Orange County Assessor, or at the fair market value established by a
private appraiser acceptable to the City. In no event shall the credit exceed the right-of-
way costs for the street segment specified in the Transportation System Needs Analysis,
or other applicable basis for the fee, nor shall the credit exceed the amount of the Fair
Share Traffic Impact Mitigation Fee that would otherwise apply. Credit for the dedication
shall be provided when the property has been conveyed at no cost to, and accepted by, the
City in a manner specified by the City.
(d) Credit for Construction of Non-Site-Related Improvements. Applications for credit
for construction of non-site-related improvements shall submit acceptable engineering
drawings, specifications and construction cost estimates to the Public Works Director.
The Director shall recommend to the Planning Commission the amount of the credit for
improvement construction based on either these cost estimates or alternative estimates if
the Director determines reasonably that the estimates submitted by the applicant are either
unreliable or inaccurate. In no event shall the amount of the credit exceed the
improvement cost specified in the Transportation System Needs Analysis, or other
applicable basis for the fee, nor shall the credit exceed the amount of the Fair Share
Traffic Impact Mitigation Fee that would otherwise apply.
No final inspection or certificate of occupancy for the Development Project may be issued
until: (1)the construction is completed and accepted by the City; (2) a suitable
11/00
r ,
17.65.100(d)--17.65.120(e) Huntington Beach Municipal Code
maintenance and warranty bond is received and accepted by the City; and (3) all design,
construction, inspection, testing, bonding and acceptance procedures are in strict
compliance with City paving, drainage and other applicable requirements.
17.65.110 Establishment of Reserve Account for Fees
Pursuant to Government Code Section 66006, fees paid to the City pursuant to this Chapter shall
be deposited into a separate Reserve Account in the City's General Fund and used solely for the
purposes of providing surface transportation improvements. All monies deposited into the
Reserve Account established by this Chapter shall be held separate and apart from other City
funds. All interest or other earnings on the unexpended balance in the Reserve Account shall be
credited to the Reserve Account.
17.65.120 Eligible Expenditures From Fee Reserve Account
All monies and interest earnings in the Reserve Account established by this Chapter shall be
expended on the construction of surface transportation projects of the nature or type identified in
the Transportation System Needs Analysis, or such other report as may be prepared from,time to
time to document the reasonable fair share of the costs to mitigate the traffic impacts of new
development. Such expenditures may include, but are not necessarily limited to the following:
(a) Reimbursement for all direct and indirect costs incurred by the City to construct surface IJ
transportation improvements pursuant to this Chapter, including the cost of land and right-
of-way acquisition, planning, legal advice, engineering, design, construction and
equipment.
(b) Reimburse the City for the construction of surface transportation projects of the nature or
type identified in the Transportation System Needs Analysis, or such other report as may
be prepared from time to time to document the reasonable fair share of the costs to mitigate
the traffic impacts of new development constructed by the City with local funds from other
sources.
(c) Costs of issuance or debt service associated with bonds, notes or other security instruments
issued to fund surface transportation improvements identified in the Transportation System
Needs Analysis.
(d) Reimbursement for administrative costs incurred by the City in establishing or maintaining
the Reserve Account required by this Chapter, including the cost of studies to establish the
requisite nexus between the fee amount and the use of fee proceeds. City administrative
costs shall not exceed ten(10) percent of the Reserve Account balance in any fiscal year.
(e) No Reserve Account funds shall be used to pay for capital improvements that are
associated with existing arterial street segment or signalized intersection Level of Service
deficiencies, nor shall Reserve Account funds be used for periodic surface transportation
system maintenance.
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4•
Huntington Beach Municipal Code 17.65.130--17.65.140
17.65.130 Annual Program Review and Periodic Aduustment of the Fee
Prior to October 1 of each year, during the budget review process, the City Council shall review
the status of compliance with this Chapter, including the amount of fees collected, expenditures
from the Reserve Account, and the degree to which the fees collected pursuant to this Chapter
are assisting the City to mitigate the surface transportation impacts of new development. At least
every five (5) years after the effective date of the Ordinance enacting this Chapter, the Public
Works Director shall prepare, and the City Council shall consider, the fee formula established to
implement this Chapter, whether any adjustment in the fee formula or use of fee proceeds is
warranted, or any other changes are needed to the procedures established by this Chapter, to
fulfill the goals, objectives or policies of the City's General Plan. Each year between periodic
reviews of the fee formula, the fee shall be increased by a factor to account for inflation in
surface transportation construction costs, as provided in the City Council resolution setting the
fee amount.
17.65.140 Preparation of Implementation Guidelines
Within sixty (60) days after the effective date of the Ordinance enacting this Chapter, the
Director of Public Works shall prepare administrative guidelines to implement the provisions of
this Chapter. The guidelines shall include administrative procedures, example fee calculations,
application forms and such other information that will assist City staff, decision makers,
developers ands the public to understand how the provisions of this Chapter are to be
implemented."
1 voo
Huntington Beach Municipal Code 5.70.05
k Chapter 5.70
SEX ORIENTED BUSINESSES
(2523-12/81,Urg.Ord. 3341-10/96,3431-7/99,3470-11/00)
Sections:
5.70.05 Purpose
5.70.010 Definitions
5.70.015 Statements And Records
5.70.020 Permit Required
5.70.030 Application For Sex Oriented Business Permit
5.70.035 Sex Oriented Business Permit Issuance
5,70.040 Sex Oriented Performer Permit
5.70.045 Sex Oriented Performers Permit Issuance
5.70.050 Applicant To Appear
5.70.055 Repealed - Ord. 3431 - 7/99
5.70.060 Repealed - Ord. 3431 - 7/99
5.70.065 Repealed - Ord. 3431 - 7/99
5.70.070 Permit Renewal
5.70.080 Permits Nontransferable
5.70,090 Sex Oriented Businesses--Change Of Location Or Name
5.70.095 Sex Oriented Performer--Change Of Location Or Name
5.70.100 Sex Oriented Business Standards Of Operation
5.70.110 Inspections
5.70.115 Revocation of a Sex Oriented Business Permit
5.70.120 Revocation of a Sex Oriented Performer Permit
5.70.130 Regulations Nonexclusive
5.70.140 Violation--Penalty
5.70.150 Unlawful Operation Declared Nuisance
5.70.160 Minors And Intoxicated Persons
5.70.170 Employment Of Persons Without Permits Unlawful
5.70.180 Severability
5.70.05 Purpose. The intent of this ordinance is to regulate businesses which, unless closely
regulated, tend to have serious secondary effects on the community, which effects include, but are
not limited to, the following: depreciation of property values and increase in vacancies in
residential and commercial areas in the vicinity of Sex Oriented Businesses; interference with
residential property owners enjoyment of their property when such property is located in the
vicinity of Sex Oriented Businesses as a result of increases in crime, litter, noise and vandalism;
.higher crime rates in the vicinity of Sex Oriented Businesses; and blighting conditions such as low
level maintenance of commercial premises and parking lots, which thereby have a deleterious
effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these
adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Sex
Oriented Businesses. (Urg.3341-10/96)
It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the
content of any communicative material. Similarly, it is neither the intent nor the effect of this
Chapter to restrict or deny access by adults to Sex Oriented Materials or to deny access by the
distributors or exhibitors of Sex Oriented Businesses to their intended market. (Urg.3341-10/96)
Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or
maintenance of any business, building or use which violates any City ordinance or any statute of
the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct,
\ lewdness or obscene or harmful matter or the exhibition or public display thereof. (Urg.3341-10/96)
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5.70.010--5.70.010(i) Huntington Beach Municipal Code -
5.70.010 Definitions.
(a) Cabaret. "Cabaret" means a nightclub, theater or other establishment which regularly
features live performances distinguished or characterized by an emphasis upon specified
sexual activities or specifies anatomical areas. (Urg.3341-10/96,3431-7/99)
(b) Chief of Police. "Chief of Police" means the Chief of Police or his or her designee. (Urg.3341-10/96)
(c) Distinguished or characterized by an emphasis upon. "Distinguished or characterized by an
emphasis upon" means and refer to the dominant or essential theme of the object described
by such phrase. For instance, when the phrase refers to films "which are distinguished or
characterized by an emphasis upon" the depiction or description of specified sexual activities
or specified anatomical areas, the films so described are those whose dominant or
predominant character and theme are the depiction of the enumerated sexual activities or
anatomical areas. See Pringle v. City of Covina, 115 Ca1.App.3 151 (1981). (Urg.3341-10/96)
(d) Encounter Center. "Encounter center" or "rap studio" means any business, agency or person
who, for any form of compensation, consideration or gratuity, regularly provides a place
where two or more persons may congregate, assemble or associate for the primary purpose
of engaging in, describing or discussing specified sexual activities, or exposing specified
anatomical areas. (Urg.3341-10/96,3431-7/99)
(e) Entertainment. "Entertainment" shall mean any human body activity in a Sex-Oriented
Business, whether performed alone or with other persons, including but not limited to
singing, speaking, dancing, acting, posing, modeling, simulating sexual activity, wrestling,
pantomiming, or the public display of specified anatomical areas for the purpose of holding
or gaining the attention of, diverting or amusing guests or patrons. "Entertainment" shall be
synonymous with"performance." (3470-11/00)
(f) Permit holder or Permittee. "Permit holder" or "Permittee" shall refer to the person or entity
to whom the permit is issued and shall include, but not be necessarily limited to the
following: (urg.3341-10/96,3431-7/99,3470-11/00)
(1) the sole proprietor of a Sex Oriented Business; (urg.3341-10/96,3431-7/99,3470-11/00)
(2) the partnership owning a Sex Oriented Business, and each of the partners; or (Urg.
3341-10/96,3431-7/99,3470-11/00)
(3) the corporation owning a Sex Oriented Business and each of its officers and directors,
but not individual shareholders. For purposes of this Chapter, "corporation" shall also
include not-for-profit corporations and limited liability corporations. (Urg.3341-10/96,
3431-7/99,3470-11/00)
(g) Operator: The permitee or the owner(s); the manager(s), as identified by the permittee, as
identified by the manager him or herself or by the employees; or the person, who at any
given time, is primarily responsible for the operation of the business. (3470-11/00)
(h) Performer. 'Performer" means any person who dances, models, engages in entertainment,
and/or performs specified sexual activities or displays specified anatomical areas in a sex
oriented business. Performer shall include persons engaged in or providing entertainment
whether they are employees or independent contractors of a sex oriented business and
whether or not they entertain with or without compensation or other form of consideration,
and whether clothed or unclothed. (3431-7/99,3470-11/00)
(i) Regularly Features. "Regularly features" with respect to a Sex Oriented theater or Sex l
Oriented cabaret means a regular and substantial course of conduct. The fact that live
11/00
Huntington Beach Municipal Code 5.70.010(I)--5.70.010(m)
performances which are distinguished or characterized by an emphasis upon the display of
specified anatomical areas or specified sexual activities occur on two (2) or more occasions
within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or
four (4) or more occasions within a one hundred and eighty (180) day period, shall to the
extent permitted by law be deemed to be a regular and substantial course of conduct.
(Urg.3341-10/96,3431-7/99,3470-11/00)
(j) Seminude. "Seminude" means a state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body
covered by supporting straps or devices. (urg.3341-10/96,3431-7/99,3470-11/00)
(k) Sex Oriented Bookstore. "Sex Oriented bookstore" means an establishment having as a
regular and substantial portion of its stock, revenue, interior business or floor space for
display or distribution in trade, books, magazines or other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas or an establishment with a segment or section
devoted to the sale or display of such material. (urg.3341-10/96,3431-7/99,3470-11/00)
(1) Sex Oriented Business. "Sex Oriented Business" means any business establishment or
concern which as a regular and substantial course of conduct performs or operates as a Sex
Oriented Bookstore, Sex Oriented Theater, Sex Oriented Motion Picture Arcade, Cabaret,
Encounter Center, Sex Oriented Motel/Hotel, or sells, displays or distributes Sex Oriented
Merchandise or Sex Oriented Material, or any other business or concern which as a regular
and substantial portion of its business offers to its patrons products, merchandise, services or
entertainment which are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical areas but not
including those uses or activities, the regulation of which is preempted by state law. "Sex
Oriented Business" shall also include any establishment which as a regular and substantial
course of conduct provides or allows performers, models, or employees to appear in any
public place in lingerie to a point where specified anatomical parts are exposed. As used in
this chapter, the terms "regular and substantial course of conduct" and "regular and
substantial portion of its business" shall mean any Sex Oriented Business where one or more
of the following conditions exist: (urg.3341-10/96,3431-7/99,3470-11/00)
(1) The area(s) devoted to the display of sex oriented merchandise and/or sex oriented material
exceeds twenty-five (25%) percent of the total stock, inventory, interior business display or
floor space, total display area of the business; or (urg.3341-10/96,3431-7/99,3470-11/00)
(2) A business or concern which presents any type of live entertainment which is distinguished or
characterized by an emphasis upon the display of specified anatomical areas or specified sexual
activities and which occurs on two (2) or more occasions within a thirty (30) day period; three
(3) or more occasions within a sixty(60) day period; or four(4) or more occasions within a
one hundred and eighty (180) day period, shall to the extent permitted by law be deemed to be
a regular and substantial course of conduct. (urg.3341-10/96,3431-7/99,3470-11/00)
(3) At least twenty-five percent (25%) of the revenue of the business is derived from the sale,
trade, display or presentation of services, products, or entertainment which are characterized
by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or
Specified Anatomical areas. (urg.3341-10/96,3431-7/99,3470-11/00)
(m) Sex Oriented Hotel/Motel. "Sex Oriented Hotel/Motel" means a hotel or motel, which (urg.
3341-10/96,3431-7/99,3470-11/00)
11/00
5.70.010(m)(1)--5.70.010(s)(2) Huntington Beach Municipal Code
(1) as a regular and substantial course of conduct provides to its patrons, through the
provision of rooms equipped with closed circuit television, video recorders or players or
other medium, material which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical
parts; and/or (Urg.3341-10/96,3431-7/99,3470-11/00)
(2) rents, leases, or lets any room for less than a ten (10) hour period, or advertises the
provision of sexually explicit material. See Sex Oriented Business for definition of
"regular and substantial course of conduct." (Urg.3341-10/96,3431-7/99,3470-11/00)
(n) Sex Oriented Material. "Sex Oriented Material' means any Sex Oriented Merchandise, or any
book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video
tape recording, or other visual representation, characterized by an emphasis on matter
depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(Urg.3341-10/96,3431-7/99,3470-11/00)
(o) Sex Oriented Merchandise. "Sex Oriented Merchandise" means sex oriented implements or
paraphernalia, such as, but not limited to: dildos, auto sucks, sex oriented vibrators, edible
underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated
and/or battery operated vaginas, and similar sex oriented devices which are designed or
marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
(Urg.3341-10/96,3431-7/99,3470-11/00)
(p) Sex oriented mini-motion picture theater. "Sex Oriented mini-motion picture theater" means
an enclosed building with a capacity for less than fifty(50) persons regularly used for
presenting material distinguished or characterized by an emphasis on matter depicting or
relating to specified sexual activities or specified anatomical areas for observation by patrons
therein. (Urg.3341-10/96,3431-7/99,3470-11/00)
(q) Sex Oriented motion picture arcade. "Sex Oriented motion picture arcade" means any place
to which the public is permitted or invited wherein coin or slug operated or electronically,
electrically or mechanically controlled still or motion picture machines, projectors or other
image-producing devices are maintained to show images to five (5) or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or
specified anatomical areas. (Urg.3341-10/96,3431-7/99,3470-11/00)
(r) Sex Oriented motion picture theater. "Sex Oriented motion picture theater" means an
enclosed building with a capacity of fifty (50) or more persons regularly used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas for observation by patrons
therein. (Urg.3341-10/96,3431-7/99,3470-11/00)
(s) Specified sexual activities. "Specified sexual activities" means any of the following: (Urg.
3341-10/96,3431-7/99,3470-11/00)
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal
copulation, bestiality, masturbation, including masturbation with the use of inanimate
objects, flagellation or torture in the context of a sexual relationship, or the use of
excretory functions in the context of a sexual relationship, and any of the following
sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, urophilia,
zooerasty, zoophilia. (Urg.3341-10/96,3470-11/00)
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(Urg.3341-10/96)
11/00
Huntington Beach Municipal Code 5.70.010(s)(3)--5.70.020(b)
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
or (Urg.3341-10196)
(4) Actual or simulated fondling, erotic or sexually touching of human genitals, pubic
region, buttocks, cleft of the buttocks, female breast; or anal region. (Urg.3341-10/96,3470-
11/00)
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (Urg.
3341-10/96)
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a
human being; or (Urg.3341-10/96)
(7) Human excretion, urination, menstruation, vaginal or anal irrigation. (Urg.3341-10/96)
(8) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous
clothing, including models appearing in lingerie, to the point where specified anatomical
areas are exposed. (Urg.3341-10/96,3431-7/99)
(t) S ecified anatomical areas. "Specified anatomical areas" means any of the following: (Urg.
3341-10/96,3431-7/99,3470-11/00)
(1) Less than completely and opaquely covered human genitals or pubic region; buttock;
or female breast below a point immediately above the top of the areola; or (Urg.3341-10/96)
(2) Human male genitalia in a discernibly turgid state, even if completely and opaquely
covered. (Urg.3341-10/96)
(3) Any device, costume, or covering that simulates any of the body parts included in
subdivisions (1) and (2) above. (Urg.3341-10/96)
5.70.015 Statements and records. Person(s) required to obtain a Sex Oriented Business Permit
shall maintain complete records which can be segregated with regard to all transactions involving
such products, merchandise, services or entertainment which are sufficient to establish the
percentage of gross receipts of the business which is derived from such transactions. (Urg.
3341-10/96,3431-7/99)
Such records shall be maintained for a period of at least three (3) years. (Urg.3341-10/96)
No person required to keep records under this section shall refuse to allow authorized
representatives of the City Treasurer or his/her designee to examine said records at reasonable
times and places. (Urg.3341-10/96)
5.70.020 Permit required.
(a) No person, association, partnership or corporation shall own, operate, engage in, conduct or
carry on, in or upon any premises within the City of Huntington Beach any "Sex Oriented
Business", defined in this chapter, without a Sex Oriented Business Permit and a business
license from the City of Huntington Beach. (Urg.3341-10/96,3431-7/99)
(b) To obtain a permit to own, operate, engage in, conduct or carry on any Sex Oriented
Business, the Owner shall make application to the Chief of Police, on a form provided by the
Chief of Police. Prier to submitting such application, a non-refundable fee, established by
resolution of the City Council, shall be paid to the City to defray, in part, the cost of
investigation and report required by this chapter. The receipt, or a copy thereof, shall be
supplied to the Chief of Police at the time such application is submitted. (Urg.3341-10/96,
3431-7/99)
11/00
5.70.020(c)--5.70.030(a)(9) Huntington Beach Municipal Code '
(c) The application for Permit does not authorize the engaging in, operation of, conducting of, or
carrying on of any Sex Oriented Business. (Urg.3341-10/96,3431-7/99)
(d) Only the Owner of the Sex Oriented Business is eligible to obtain a Sex Oriented Business
Permit. (Urg.3341-10/96,3431-7199)
(e) The Owner shall post the Permit conspicuously in the Sex Oriented Business Premises. (Urg.
3341-10/96,3431-7/99)
(f) The fact that an Owner has other types of state or City permits or licenses does not exempt
the Owner from the requirement of obtaining a Sex Oriented Business Permit. (3431-7/99)
5.70.030 Application for Sex Oriented Business Permit. Each application for a Sex Oriented
Business permit shall contain the following information: (Urg.3341-10/96)
(a) Owner Information (Urg.3341-10/96,3431-7/99)
(1) The full, true name and any other names, including aliases, used by the applicant. (urg.
3341-10/96)
(2) The present business address and telephone number of the applicant. (urg.3341-10/96,
3431-7/99)
(3) Acceptable written proof that the applicant is at least eighteen(18) years of age. (urg.
3341-10/96,3431-7/99)
(4) The social security number and state driver's license or identification card of the
applicant. (3431-7/99)
(5) The applicant's fingerprints on a form provided by the Police Department and a color
photograph clearly showing the Applicant's face. Any fees for the fingerprints or
photograph shall be paid by the Applicant. (3431-7/99)
(6) If the applicant intends to operate the Sex Oriented Business under a name other than
that of the applicant the applicant shall file the fictitious name of the Sex Oriented
Business and show proof of registration of the fictitious name. (urg.3341-10/96,3431-7/99)
(7) The business license history of the applicant and whether such applicant, in previous
operations in this or any other city, state, or territory under license, has had such license
or permit for a Sex Oriented Business or similar type of business revoked or suspended,
the reason therefore and the business activity or occupation subsequent to such action of
suspension or revocation. (urg.3341-10/96,3431-7/99)
(8) All felony convictions of the applicant within the last five (5) years; all misdemeanor convictions
within the last two (2)years of the applicant of any of the offenses set forth in California Penal
Code Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d)
of the California Penal Code as those sections now appear or may hereafter be amended or
renumbered; or any offense requiring registration under California Penal Code Section 290, and
the equivalent of the aforesaid offenses outside of the State of California. (urg.3341-10/96,3431-7/99)
(9) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown
in' its articles of incorporation or charter, evidence that the corporation is in good standing under^
the laws of the State of California, the name of the registered corporate agent and the address c 1
11/00
Huntington Beach Municipal Code 5.70.030(9)--5.70.040(b)
the registered office for service of process, together with the place and date of incorporation,
and the names and addresses of each of its current officers and directors. If the applicant is a
partnership, the applicant shall set forth the name, residence address and dates of birth of the
partners, including limited partners, and attached a copy of the partnership agreement. If the
applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership
filed with the County Clerk. If one or more of the partners is a corporation, the provisions of
this subsection pertaining to corporations shall apply. The applicant corporation or partnership
shall designate one of its officers or general partners to act as its responsible managing officer.
(Urg.3341-10/96,3431-7/99,3470-11/00)
(b) Business Information (urg.3341-10/96)
(1) The name and address of the owner and lessor of the real property upon which the
business is to be conducted. (Urg.3341-10/96,3431-7/99)
(2) A description of the type of Sex Oriented Business for which the Permit is requested and
the proposed address where the Sex Oriented Business will operate, plus the names and
addresses of the owners and lessors of the Sex Oriented Business site. (urg.3341-10/96)
(3) The address to which notice of action on the application is to be mailed. (Urg.3341-10/96)
(4) The name(s) of the responsible person(s) who will be on the premises to act as manager
during the times that the business is open, or a statement that the applicant has not yet
selected the manager(s). (3431-7/99)
(5) A site plan including floor plan, building elevations and parking lot diagram showing the
interior and exterior configuration of the premises, including a statement of the total
floor area occupied by the Sex Oriented Business. (urg.3341-10/96,3431-7/99)
(6) Any other similar permits obtained in other jurisdictions, including year of issuance and
name of jurisdiction. (3431-7/99)
5.7G.035 Sex Oriented Business Permit Issuance. (Urg.3341-10/96,3431-7/99)
(a) Within ten (10) business days of receipt of a completed application, as set forth in Section
5.70.030 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented
Business Permit. However, issuance of the permit does not preclude revocation of the
permit pursuant to Section 5.70.115. (urg.3341-10/96,3431-7/99)
(b) No sex oriented business shall be issued a permit or permitted to operate within the City if
any activity within the establishment is prohibited by federal, state, or local law, provided that
the local law is not pre-empted. (3470-11/00)
5.70.040 Sex Oriented Performer Permit (Urg.3341-10196,3431-7/99)
(a) All performers, as defined herein, must obtain a valid sex oriented performance permit from
the City. (Urg.3341-10/96,3431-7/99,3470-11/00)
(b) To obtain a Sex Oriented Performer Permit, the individual shall make application to the Chief
of Police on a forin provided by the Chief of Police. Prior to submitting such application, a
non-refundable fee, established by resolution of the City Council, shall be paid to the City to
defray, in part, the cost of investigation and report required by this chapter. The report, or a
copy thereof, shall be supplied to the Chief of Police at the time such application is
submitted. (urg.3341-10/96,3431-7/99)
11/00
5.70.040(c)--5.70.045 Huntington Beach Municipal Code
(c) The application for a permit does not authorize the engaging in a performance of live
performers depicting specified anatomical areas or involving specified sexual activities.
(3431-7/99)
(d) A Sex Oriented Performer engaged in live entertainment shall provide proof of a valid Sex
Oriented Performer Permit upon demand of a police officer. Failure to provide proof shall be
a violation of this Chapter. (3431-7/99)
(e) The fact that an applicant possesses other types of state or city permits or licenses does not
exempt the applicant from the requirement of obtaining a Sex Oriented Performer Permit.
(3431-7/99)
(f) The completed application shall contain the following information and be accompanied by the
following documents: (Urg.3341-10/96,3431-7/99)
(1) The applicant's legal name and any other names (including "stage names" and aliases)
used by the applicant; (Urg.3341-10/96)
(2) The applicant's height, weight, hair and eye color and date and place of birth; (Urg.
3341-10196,3431-7/99)
(3) Present residence address and telephone number; (Urg.3341-10/96,3431-7199)
(4) All felony convictions of the applicant within the last five (5) years; all misdemeanor
convictions within the last two (2)years of the applicant of any of the offenses set forth
in California Penal Code Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i,
647(a), 647(b), and 647(d) of the California Penal Code as those sections now appear or
may hereafter be amended or renumbered, all offenses requiring registration under
California Penal Code Section 290; and the equivalent of the aforesaid offenses outside
of the State of California. (Urg.3341-10/96,3431-7/99)
(5) The social security number and state driver's license or identification number of the
applicant. (Urg.3341-10/96,3431-7/99)
(6) Acceptable written proof that the applicant is at least eighteen (18)years of age; (Urg.
3341-10/96,3431-7/99)
(7) The applicant's fingerprints on a form provided by the Police Department, and a color
photograph clearly showing the applicant's face. Any fees for the photographs and
fingerprints shall be paid by the applicant; (Urg.3341-10/96,3431-7/99)
(8) The business address and telephone number where the performance will take place.
(3431-7/99)
(9) Any other similar permits obtained in other jurisdictions, including year of issuance and name of
jurisdiction. (3431-7/99)
5.70.045 Sex Oriented Performers Permit Issuance. (Urg.3341-10196,3431-7199)
Within ten (10) business days of receipt of a completed application, as set forth in Section
5.70.040 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented
Performers Permit. However, issuance of the permit does not preclude revocation of the permit
pursuant to Section 5.70.120. (Urg.3341-10/96,3431-7/99)
11/00
Huntington Beach Municipal Code 5.70.050--5.70.090(a)
5.70.050 Applicant to appear. The applicant for a Sex Oriented Business Permit or a Sex
Oriented Performers Permit shall personally appear during normal business hours at the Police
Department of the City of Huntington Beach and produce proof that a non-refundable application
fee, established by resolution of the City Council, has been paid and shall present the application
containing the aforementioned and described information. (urg.3341-10/96,3431-7/99)
5.70.070 Permit renewal. Each Sex Oriented Business Permit and Sex Oriented Performers
Permit shall expire one (1) year from the date of issuance. The applicant shall make application
for renewal to the Chief of Police on a form provided by the Chief of Police accompanied by the
renewal fee and a copy of the Permit to be renewed. The request for renewal shall be made at
least thirty (30) days before the expiration date of the Permit. When made less than thirty(30)
days before the expiration date, the expiration of the Permit will not be stayed. (urg.3341-10/96,
3431-7199)
If the application conforms to the previously approved application and the Sex Oriented Business
has not changed, the permit shall be renewed by the Chief of Police for another year. Notice of
such renewal shall be given, in writing, to the permittee within ten (10) business days following
the date of receipt of the completed renewal application. Any change or alteration in the location,
nature or operation of the Sex Oriented Business will require a new application to be processed in
the same manner as the original applications. The renewal fee shall be established by resolution of
the City Council. Applications for renewal shall be acted on as provided herein for action upon
applications for Permits. (urg.3341-10/96,3431-7/99)
The applicant for renewal of a Sex Oriented Business Permit or a Sex Oriented Performers Permit
shall personally appear during normal business hours at the Police Department of the City of
Huntington Beach and produce proof that a non-refundable application fee, established by
1 resolution of the City Council, has been paid and shall present the application containing the
aforementioned and described information. (3431-7/99)
5.70.080 Permits nontransferable.
(a) No Sex Oriented Business permit may be sold, transferred or assigned by a permittee, or by
operation of law, to any other person or persons. Any such sale, transfer or assignment, or
attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of
such permit and such permit shall thereafter be null and void; provided and excepting,
however, that if the permittee is a partnership and one or more of the partners should die,
one or more of the surviving partners may acquire, by purchase or otherwise, the interest of
the deceased partner or partners without effecting a surrender or termination of such permit,
and in such case, the permit, upon notification to the Chief of Police, shall be placed in the
name of the surviving partner. A Sex Oriented Business permit issued to a corporation shall_
be deemed terminated and void when there is a change in any officer or director. (urg.
3341-10/96,3431-7/99,3470-11/00)
Any change in the nature or composition of the Sex Oriented Business from one type of Sex
Oriented Business use to another type of Sex Oriented Business use shall also render the
permit null and void. (urg.3341-10/96)
(b) No Sex Oriented Business Performer permit may be sold, transferred or assigned to any other
person or persons. (3431-7/99)
5.70.090 Sex Oriented Businesses -- Change of location or name. (Urg.3341-10/96)
(a) No Sex Oriented Business shall move from the location specified on its permit until a change
of location fee, established by resolution of the City Council, has been deposited with the
11/00
5.70.090(a)--5.70.100(b)(4) Huntington Beach Municipal Code
city, and approval has been obtained from the Chief of Police. Such approval shall not be given
unless all requirements and regulations, as provided herein for applications for permits, have been
met. (Urg.3341-10/96,3431-7/99)
(b) No permit holder shall operate, conduct, manage, engage in, or carry on a Sex Oriented
Business under any name other than his name and the name of the business as specified on
the applicable permit. (Urg.3341-10196,3431-7/99)
(c) Any application for an extension or expansion of a building or other place of business where
a Sex Oriented Business is located shall require inspection and shall comply with the
provisions and regulations of this Chapter. (Urg.3341-10/96)
5.70.095 Sex Oriented Performer--Change of location or name. No permit holder shall
perform under any name other than the name specified on his or her permit in any other location
other than the location specified on his or her permit. (3431-7/99)
5.70.100 Sex Oriented Business Standards of Operation. (Urg.3341-10196,3470-11/00)
(a) Except as specifically provided in this Chapter, the Sex Oriented Business shall comply with
the zoning, parking, development and design standards applicable to the zone in which the
business is located. (Urg.3341-10/96)
(1) The Sex Oriented Business shall be conducted wholly within a building and shall not be
located, in whole or in part, within any portable structure. (Urg.3341-10/96)
(2) All indoor areas of the Sex Oriented Business within which patrons are permitted,
except restrooms, shall be open to view at all times. (urg.3341-10/96)
(b) General Provisions (Urg.3341-10/96)
(1) No Sex Oriented Material or Sex Oriented Merchandise shall be displayed in such
manner as to be visible from any location other than within the premises occupied by the
Sex Oriented Business. (Urg.3341-10/96)
(2) No person under the age of 18 years shall be permitted within the premises at any time
except as pursuant to California Penal Code Section 313.2. (Urg.3341-10/96,3431-7/99)
(3) The Sex Oriented Business shall not operate or be open between the hours of 2:00 a.m.
and 11:00 a.m. (Urg.3341-10/96,3431-7/99)
(4) The Sex Oriented Business shall provide and maintain separate restroom facilities for male
patrons and employees and female patrons and employees. Male patrons and employees shall be
prohibited from using the restroom(s) for females, and female patrons and employees shall be
prohibited from using the restroom(s) for males, except to carry out duties of repair,
maintenance and cleaning of the restroom facilities. The restrooms shall be free from all Sex
Oriented Materials and Sex Oriented Merchandise. Restrooms shall not contain television
monitors or other motion picture or video projection, recording or reproduction equipment.
The foregoing provisions of this paragraph shall not be applicable to a Sex Oriented Business
which deals exclusively with sale or rental of merchandise which is not used or consumed on the
premises, such as a Sex Oriented Bookstore, and which does not provide restroom facilities to
its patrons or the general public. (Urg.3341-10/96)
11/00
Huntington Beach Municipal Code 5.70.1 00(b)(4)--5.70.1 00(d)(1)
(5) The Sex Oriented Business shall not conduct, advertise, offer, or solicit any massage,
acupuncture, figure modeling, piercing, tattooing, acupressure or escort services and
shall not allow such activities on the premises. (Urg.3341-10/96,3431-7/99)
(c) Any Sex Oriented Business which allows customers to remain on the premises while viewing
any live, filmed or recorded entertainment, or while using or consuming the products or
services supplied on the premises, shall conform to the following requirements: (Urg.3341-10/96)
(1) At least one security guard who shall possess a valid license from the State of California
shall be on duty outside the premises, patrolling the grounds and parking areas, at all
times while the business is open. The security guard(s) shall be charged with preventing
violations of law and enforcing compliance by patrons with the requirements of this
Chapter. Any security guard required by this subparagraph shall be uniformed in such
manner so as to be readily identifiable as a security guard by the public. No security
guard required pursuant to this subparagraph shall act as a door person, ticket seller,
ticket taker, or admittance person while acting as a security guard hereunder. (urg.
3341-10/96,3431-7/99)
(2) Landscaping shall conform to the standards established for the zone, except that, if the
Sex Oriented Business is the sole use on a lot, no planting shall exceed thirty (30) inches
in height, except trees with foliage not less than six (6) feet above the ground. (Urg.
3341-10/96)
(3) The entire exterior grounds, including the parking lot, shall be lighted sufficiently to
permit the security personnel to observe activity on the grounds and within automobiles.
(Urg.3341-10/96)
(4) The premises within which the Sex Oriented Business is located shall provide sufficient
sound absorbing insulation so that noise generated inside said premises shall not be
audible anywhere on any adjacent property or public right of way or within any other
building or other separate unit within the same building. (Urg.3341-10/96)
a (5) No exterior door or window on the premises shall be propped or kept open at any time
while the business is open, and any exterior windows shall be covered with opaque
covering at all times. (Urg.3341-10/96)
(6) Permanent barriers shall be installed and maintained to screen the interior of the premises
from public view for each door used as an entrance/exit to the business. (Urg.3341-10/96)
(d) The following additional regulations shall pertain to Sex Oriented Motion Picture Arcades
which provide more than one viewing area: (Urg.3341-10/96)
(1) Upon application for a Sex Oriented Business Permit, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the
location of one or more manager's stations, the location of all overhead lighting fixtures
and designating any portion of the premises in which patrons will not be permitted. A
manager's station may not exceed thirty two (32) square feet of floor area with no
dimension greater than eight (8) feet.. The diagram shall also designate the place at
which the Sex Oriented Business Permit and city business license will be conspicuously
posted. A professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram shall be oriented to the north or
to some designated street or object and shall be drawn to a designated scale with marked
dimensions sufficient to show the various internal dimensions of all areas of the interior
of the premises to an accuracy of plus or minus six (6) inches. The Chief of Police shall
waive the foregoing diagram for renewal applications if the Owner adopts a diagram that
11/00
5.70.100(d)(1)--5.70.100(e)(1)(ii) Huntington Beach Municipal Code
b
was previously submitted and certifies that the configuration of the premises has not been
altered since it was prepared. (Urg.3341-10/96)
(2) No alteration in the configuration or location of a manager's station(s) may be made
without the prior approval of the Chief of Police. (Urg.3341-10/96,3431-7/99)
(3) It shall be the duty of the Owner(s) to insure that at least one (1) employee is on duty
and situated at each manager's station at all times that any patron is present inside the
premises. (Urg.3341-10/96,3431-7/99)
(4) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which any
patron is permitted access for any purpose excluding restrooms. If the premises has two
(2) or more manager's stations designated, then the interior of the premises shall be
configured in such a manner that there is an unobstructed view of each area of the
premises to which any patron is permitted access for any purpose, excluding restrooms,
from at least one of the manager's stations. The view required in this subsection must
be by direct line of sight from the manager's station. (Urg.3341-10/96,3431-7/99)
(5) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present
on the premises to insure that the view area specified above remains unobstructed by any
doors, walls, persons, merchandise, display racks or other materials at all times and to
insure that no patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted in the application filed
pursuant to this subsection. (Urg.3341-10/96,3431-7/99)
(6) No Individual Viewing Area may be occupied by more than one person at any one time.
"Individual Viewing Area" shall mean a viewing area designed for occupancy by one
person. Individual Viewing Areas of the Sex Oriented Business shall be operated and
maintained without any hole or other opening or means of direct communication or
visual or physical access between the interior space of two (2) or more Individual
Viewing Areas. (Urg.3341-10/96,3431-7/99)
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted access with an illumination of not
less than ten (10) foot candle as measured at the floor level. (urg.3341-10/96,3431-7/99)
(8) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present
on the premises to insure that the illumination described above is maintained at all times
that any patron is present on the premises. (Urg.3341-10/96,3431-7/99)
(e) The following additional requirements shall pertain to Sex Oriented Businesses providing live
entertainment. (urg.3341-10/96,3470-11/00)
(1) No person shall perform, and no owner, operator, or manager of a Sex Oriented Business shall
permit live entertainment for patrons of a Sex Oriented Business except where: (Urg.3341-10/96,
3470-11100)
(i) if unclothed performed upon a stage or platform located at least eighteen(18)
inches above the level of the floor; and (Urg.3341-10/96,3431-7/99,3470-11/00)
(ii) whether clothed or unclothed, a distance of at least six(6) feet is maintained
between any performer and any patron. (urg.3341-10/96,3431-7/99,3470-11/00)
11/00
Huntington Beach Municipal Code 5.70.100(e)(2)—5.70.115(a)(3)
(2) The Sex Oriented shall provide separate dressing room facilities for performers
which are exclusively dedicated to the entertainers' use. (Urg.3341-10/96,3431-7/99)
(3) The Sex Oriented Business-shall provide an entrance/exit to the premises for performers
which is separate from the entrance/exit used by patrons. (Urg.3341-10/96,3431-7/99)
(4) No performer shall have intentional physical contact with any patron, and no patron shall
have intentional physical contact with any performer while on the premises which
physical contact involves the touching of the clothed or unclothed genitals, pubic area,
buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or
area of such other person's body. (Urg.3341-10/96,3431-7/99)
(5) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the
separations between performers and patrons required by this Section. (Urg.3341-10/96,
3431-7/99)
(6) The Sex Oriented Business shall maintain a file containing the Performer Permit of all
performers at the business. The file shall be available for viewing during all police
inspections. (3431-7/99)
5.70.110 Iaso!ctions. (Urg.3341-10/96,3431-7/99)
The permit holder shall allow the City of Huntington Beach and its authorized representatives to
conduct reasonable unscheduled inspections of the premises of the Sex Oriented Business for the
purpose of ensuring compliance with the law at any time the Sex Oriented Business is open for
business or is occupied; provided, whenever any city official relies upon this section to gain
access to the permit holder's establishment without paying any otherwise applicable admission fee
or cover charge, any person employed by the permit holder to collect such admission fees or
cover charges may require such official, before admitting such official to the establishment, to
produce identification indicating the official's name, branch of city government by which such
official is employed, and the job title such official holds within that branch of city government.
(Urg.3341-10/96,3n31,-7/99)
5.70.115 Revocation of a Sex Oriented Business Permit. (3431-7/99)
(a) The Chief of Police shall revoke a Sex Oriented Business Permit when: (Urg.3341-10/96,3431-7/99)
(1) The permit holder is convicted of a felony or misdemeanor occurring upon or relating to
the premises or lot upon which the Sex Oriented Business is located which offense is
classified by the state as an offense involving sexual crime against children, sexual abuse,
rape, distribution of obscene material or material harmful to minors, prostitution or
pandering, including, but not necessarily limited to the violation of any crime requiring
registration under California Penal Code § 290, or any violation of Penal Code § 243.4,
261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311
through 311.10, inclusive, 314, 315, 316 or 647; or (Urg.3341-10/96,3431-7/99)
(2) If, on two (2) or more occasions within a twelve (12) month peried, a person or persons has
(have)been convicted of a felony or misdemeanor for an offense set forth in this section as a
result of such person's activity on the premises or property on which the Sex Oriented Business
is located, and the person or persons were employees, contractors or agents of the Sex Oriented
Business at the time the offenses were committed; or (Urg.3341-10/96,3431-7/99)
(3) If the permit holder or an employee has knowingly allowed prostitution, or solicitation
for prostitution, knowingly allowed or permitted any act of sexual intercourse; sodomy,
oral copulation, or masturbation to be committed or allowed in or upon the premises
11/00
5.70.115(a)(3)--5.70.120(a)(1) Huntington Beach Municipal Code
where such Sex Oriented Business is to be located, or to be used as a place in which '
solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur or
(Urg.3341-10/96,3431-7/99)
(4) The Sex Oriented Business has been operated in violation of any of the requirements of
the Huntington Beach Municipal Code if (Urg.3341-10/96,3431-7/99,3470-11/00)
(i) the violation is of a continuous nature (i.e. cannot be remedied by immediate
cessation of the activity such as a building or structural violation), the Business
continues to be operated in violation of such provision for more than ten (10) days
following the date written notice of such violation is mailed or delivered to the
Owner, or (Urg.3341-10/96,3470-11/00)
(ii) the violation is of a noncontinuous nature, two (2) or more violations of the same
provision or four(4) or more violations of any other of the provisions of the
Huntington Beach Municipal Code occur(regardless of whether notice of each
individual violation is given to Owner)within any twelve (12) month period; or (Urg.
r 3341-10/96,3431-7/99,3470-11/00)
(5) The applicant has made material misrepresentations or fraudulent, false, or misleading
statements in the application; or (3431-7/99)
(6) Permit holder has had a Sex Oriented Business permit or other similar license or permit
denied or revoked for cause by this city or any other jurisdiction located in or out of this
state prior to the date of application; or (3431-7/99)
(7) That the Permit holder, his or her employee, agent, partner, director, officer, stockholder
or manager has not within two (2) years of the date of the application knowingly
allowed or permitted any act of sexual intercourse, sodomy, oral copulation, or
masturbation to be committed or allowed in or upon the premises where such Sex
Oriented Business is to be located, or to be used as a place in which solicitations for
sexual intercourse, sodomy, oral copulation or masturbation openly occur. (Urg.3341-10/96,
3431-7/99)
(b) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish
written notice of the revocation to the Permit holder. Such notice shall summarize the
principal reasons for the revocation. (Urg.3341-10/96,3431-7/99)
(c) Upon receipt of written notice of revocation, if the Permit holder files within thirty (30) days
a petition for writ of mandate in state court to review the revocation, then the City shall not
enforce the revocation unless the Superior Court has denied the writ or the City has obtained
injunctive relief. The notice will be deemed received if the Chief of Police has placed the
notice in first class mail and the notice is not returned within ten (10) days and the City has
made a good faith attempt at personal service. (3431-7/99,3470-11/00)
If Permit holder fails to file a writ of mandate within thirty (30) days of receipt of written
notice of revocation, the City shall enforce the revocation. (3431-7/99)
5.70.120 Revocation of a Sex Oriented Performer Permit. (3431-7/99)
(a) The Chief of Police shall revoke a Sex Oriented Performer Permit when: (3431-7/99)
(1) The applicant has made material misrepresentations or false or misleading statements in
the application; or (3431-7/99)
11/00
Huntington Beach Municipal Code 5.70.120(2)--5.70.150
(2) The Permit holder is convicted of a felony or misdemeanor which offense is classified by
the state as an offense involving sexual crime against children, sexual abuse, rape,
distribution of obscene material or material harmful to minors, prostitution or pandering,
including, but not necessarily limited to, the violation of any crime requiring registration
under California Penal Code § 290, or any violation of Penal Code § 243.4, 261, 261.5,
264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through
311.10, inclusive, 314, 315, 316 or 647(a), 653.22; or (3431-7/99,3470-11/00)
(3) The Sex Oriented Performer has violated the requirements of the Huntington Beach
Municipal Code; or (3431-7/99,3470-11/00)
(4) Permit holder has had a Sex Oriented Performer Permit or other similar license or permit
denied or revoked for cause by this city or any other jurisdiction located in or out of this
state within one (1) year prior to the date of application. (3431-7/99,3470-11/00)
(5) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish
written notice of the revocation to the Permit holder. Such notice shall summarize the
principal reasons for the revocation. (3431-7/99)
(b) Upon receipt of written notice of revocation, if the Permit holder files within thirty (30) days
a petition for writ of mandate in state court to review the revocation, then the City shall not
enforce the revocation unless the Superior Court has denied the writ, or the City has obtained
injunctive relief. The notice will be deemed received if the Chief of Police has placed the
notice in first class mail and the notice is not returned within ten(10) days and the City has
made a good faith attempt at personal service. (3431-7/99,3470-11/00)
1
(c) If Permit holder fails to file a writ of mandate within thirty (30) days of receipt of written
notice of revocation, the City shall enforce the revocation. (3431-7/99)
5.70.130 Regulations Nonexclusive. The provisions of this article regulating Sex Oriented
Businesses are not intended to be exclusive and compliance therewith shall not excuse
noncompliance with any other regulations pertaining to the operation of businesses as adopted by
the City Council of the City of Huntington Beach. (urg.3341-10/96)
5.70.140 Violation--Penalty. Any violation of this chapter shall be punishable by: (urg.3341-10/96,
3470-11/00)
(a) Administrative Citation. Violation of this Chapter is subject to the issuance of an
administrative citation under the provisions of Chapter 1.18 of this Code. An operator may
be cited for violations occurring on the premise in their presence or for knowingly permitting
violations of this Chapter; (3470-11/00)
(b) Civil Action. The City Attorney may institute an action in any court of competent
jurisdiction, including an action to abate a nuisance, to restrain, enjoin, or abate the
condition(s) found to be in violation of this provisions of this Chapter, as provided by law.
(3d70-11/00)
(c) It shall be a violation of this Chapter for any principal, including but not limited to any
operator, to permit, procure, counsel or assist any agent of that principal, including but not
limited to an employee or independent contractor, to �,iolate any provision of this Chapter.
(3470-11/00)
5.70.150 Unlawful operation declared nuisance. Any Sex Oriented Business operated,
conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby
declared to be unlawful and a public nuisance. (urg.3341-10/96,3470-11/00)
11/00
5.70.160--5.70.180 Huntington Beach Municipal Code
5.70.160 Minors and Intoxicated Persons. (Urg.3341-10/96)
(a) It shall be a misdemeanor for any person under the age of eighteen(18) years or any
obviously intoxicated person to enter or remain on the premises of a Sex Oriented Business
at any time except as pursuant to California Penal Code Section 313.2. A sign giving notice
of this provision shall be prominently posted at each entrance to the premises of the Sex
Oriented Business. (urg.3341-10/96,3431-7/99)
(1) Every person having responsibility for the operation of a Sex Oriented Business who,
with knowledge that a person is a minor, or who fails to exercise reasonable care in
ascertaining the true age of a minor, knowingly allows such minor to enter or remain on
the premises of the business is guilty of a misdemeanor. (Urg.3341-10/96)
(2) Every person having responsibility for the operation of a Sex Oriented Business who
allows any obviously intoxicated person to enter or remain on the premises of the
business is guilty of a misdemeanor. (Urg.3341-10/96)
(b) For purposes of this section, the holder of a Sex Oriented Business Permit when present on
the premises, and the manager or other person(s) in charge of the premises, are persons
having responsibility for the operation of the business. The term "minor" shall mean any
person under the age of eighteen (18) years. (Urg.3341-10/96)
5.70.170 Emoloyment of Persons Without Permits Unlawful.
(a) It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control
of a Sex Oriented Business which provides live entertainment depicting specified anatomical
areas or involving specified sexual activities to allow any person to perform such
entertainment who is not in possession of a valid, unrevoked Sex Oriented Performer Permit.
(Urg.3341-10/96,3431-7/99) `
(b) The owner, operator, manager or permittee in charge of or in control of the Sex Oriented
Business which provides live entertainment shall provide proof of a valid Sex Oriented
Performer Permit for each individual engaged in live performance upon demand of a police
officer. Failure to provide proof is a violation of this chapter. (3431-7/99)
5.70.180 Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this chapter or any part thereof. The City Council
hereby declares that it would have passed each Section, subsection, subdivision, paragraph,
sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or
ineffective. (urg.3341-10/96)
11/00
TITLE 14 (continued)
14.18 Water Management Program
14.20 Water Main Extensions
14.24 Water Pollution
14.25 Storm Water and Urban Runoff Management
14.26 Construction and Abandonment of Water Wells
14.36 Sewer System Service Connections, Fees and Deposits
14.44 Sewer Main Extensions
14.48 Drainage
14.52 Water Efficient Landscape Requirements
14.54 Sewer Service User Charge
14.55 Rates, Charges, Annual CPIU Adjustment, and Billing Methodology for the Sewer
Service User Charge
TITLE 15 - OIL
15.04 General Provisions
15.08 Definitions
15.12 Permits and Fees
15.16 Insurance
15.20 Drilling, Operation and Safety Regulations
15.22 Screening and Landscaping
15.24 Cleanup and Maintenance
15.28 Waste Water System
15.32 Nonproducing and Idle Wells
15.36 Nuisance Oil Wells and Sites
15.40 Activation of Idle Wells
15.50 Consolidation Projects
TITLE 16- RESERVED ,
TITLE 17- BUILDINGS AND CONSTRUCTION
17.02 Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Huntington Beach Nuisance Code
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy Code
17.64 Undergrounding of Utilities
17.65 Fair ShareTraffic Impact Fee
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants of Easement
TITLE 18 -RESERVED
v
12/01
� c
HUNTINGTON BEACH
MUNICIPAL CODE UPDA TES
(Effective November 15, 2000)
Please Remove from Code I Please Add to Code
Title 17 Index Title 17 Index
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
- - -
___-= �Munr"c��-al � de: rs aua�lable on t�helnternet �
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
5 {
Huntington Beach Municipal Code Title 17 Index
Title 17
BUILDINGS AND CONSTRUCTION
Chapters:
17.02 Uniform Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Huntington Beach Nuisance Code
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.36 (Repealed 3022-12/89)
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy
17.64 Undergrounding of Utilities
17.65 Fair Share Traffic Impact Fee
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants of Easement
11/00
4
Huntington Beach Municipal Code 17.65.010--17.65.030(a)
Chapter 17.65
FAIR SHARE TRAFFIC IMPACT FEE
(3477-11/00)
Sections:
17.65.010 Short Title
1.7.65.020 Intent and Purposes
17.65.030 Definitions
17.65.040 Applicability of Chapter
17.65.050 Establishment of a Fair Share Traffic Impact Mitigation Fee
17.65.060 Exemption
17.65.070 Calculation and Payment of the Traffic Impact Fee
17.65.080 Fee Adjustments
17.65.090 Fee Refunds
17.65.100 Fee Credits for Construction of Citywide Surface Transportation
Improvements
17.65.110 Establishment of Reserve Account for Fees
17.65.120 Eligible Expenditures From Fee Reserve Account
17.65.130 Annual Program Review and Periodic Adjustment of the Fee
17.65.140 Preparation of Implementation Guidelines
17.65.010 Short Title
This Chapter of the Municipal Code may be cited as the "Fair Share Traffic Impact Fee
Ordinance."
17.65.020 Intent and Purposes
This Chapter is intended to implement the goals, objectives and policies of the City of
Huntington Beach General Plan, by ensuring that the City's adopted Level of Service standards
for arterial roadways and signalized intersections are maintained when new development is
constructed within the City limits. By imposing a fee that is reasonably related to the burdens
created by new development on the City's surface transportation system, together with funding
available from other City revenue sources, the City will be able to construct the required capital
improvements, accommodate projected growth and fulfill the goals, objectives and policies of
the City's General Plan.
It is the intent of the City Council that the fee required by this Chapter shall be supplementary to
any conditions imposed upon a development project pursuant to other provisions of the
Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state
and local laws, ordinances or Charter provisions which may authorize the imposition of
conditions on development.
17.65.030 Definitions
For the purpose of this Chapter, the following terms shall be defined as follows:
(a) "Applicant" shall mean any person or legal entity that applies for a permit or other
entitlement for a new development project.
11/00
• t
17.65.030(b)--17.65.030(n) Huntington Beach Municipal Code
(b) "City" shall mean the City of Huntington Beach.
(c) "Commercial or Industrial Development Project" shall mean the construction of new
Floor Area on a lot in any of the Non-Residential Zoning Districts of the City.
(d) "Development Project" means any residential, commercial or industrial Development
Project.
(e) "Fair Share Traffic Impact Mitigation Fee" or"Fee" shall mean the fee imposed on new
development projects pursuant to this Chapter.
(f) "Floor Area" shall mean the area of all floors and levels as defined in the Huntington
Beach Building Code.
(g) "Government or Public Facilities" shall mean publicly owned buildings and structures
used for the purposes of conducting City, County, State or Federal Government business.
Such facilities shall include, but not be limited to, city halls, police and fire stations,
offices, equipment yards, sanitation facilities, schools, recreation centers, and similar
facilities. Private commercial Development Projects leasing publicly owned land shall not
be considered Government or Public Facilities.
(h) "Land Use Category" shall mean any of the specific land uses that have been listed in the
fair share implementation resolution authorized pursuant to Section 17.65.050, and used to
provide the basis for future traffic projections.
(1) "New Development Project" shall mean any construction, addition, alteration or other
change of use of a building or land that requires the City to issue a grading, building,
plumbing, mechanical, or electrical permit, or any other form of entitlement.
(j) "Public Works Director" shall mean the Director of Public Works or the Director's
designee.
(k) "Residential Development Project" shall mean the construction of a dwelling unit on a lot
in any of the residential zoning districts of the City. For purposes of this Chapter, the
addition of Floor Area shall be considered construction of a Residential Development
Project if the additional Floor Area exceeds fifty (50) percent of the existing Floor Area,
as determined by the Building and Safety Director.
(1) "Site-Related Right-of-Way or Improvement Construction" shall mean right-of-way or
traffic improvements that must be constructed on the site of a new development project in
order to comply with applicable City development regulations and standards.
(m) "Surface Transportation System" shall mean the City's system of streets, roads and
intersections traversed by automobiles and other vehicles.
(n) "Fee Calculation Report" shall mean the report entitled "City of Huntington Beach Fair
Share Traffic Mitigation Impact Fee Calculation Method and Justification" prepared by
Hamilton, Rabinovitz & Alschuler, dated September 19, 2000.
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Huntington Beach Municipal Code 17.65.030(0)--17.65.050
(o) "Transportation System Needs Analysis" shall mean the report prepared for the City
entitled City of Huntington Beach Transportation System Needs Analysis 2000-2010,
prepared by JR Consulting Engineers, dated September 12, 2000.
(p) "Vehicle Trips" shall mean the number of average, daily trips generated by uses of land,
as specified in the Santa Ana River Area ("SARA") traffic model, and at the discretion of
the Public Works Director when the SARA traffic model does not provide vehicle trips,
the most recent edition of Institute of Transportation Engineers, Trip Generation.
17.65.040 Applicability of Chapter
(a) New Development Projects Deemed Complete After December 1, 2000. The
obligations established by this Chapter shall apply to all new development projects for
which a development application was deemed complete on or after December 1, 2000.
No building permit or any other entitlement for use shall be issued for a new development
project unless such project complies with the requirements of this Chapter.
(b) New Development Projects Deemed Complete Prior to December 1, 2000. New
development projects for which the last discretionary development application was
deemed complete, or for which a building permit was issued, prior to December 1, 2000
shall be subject to the provisions of Municipal Code Chapter 17.65 or the Interim Traffic
Impact Fee Ordinance as either existed on the date the application was deemed approved,
or the building permit was issued, as applicable.
17.65.050 Establishment of a Fair Share Traffic Impact Mitigation Fee
A Fair Share Traffic Impact Mitigation Fee is hereby established. Any person who, after the
effective date of this Chapter, seeks to develop land, or modify the use of land within the City,
by applying for a building permit or other entitlement for use, or an extension of a building
permit or other entitlement for use previously granted, for a development project that will
generate net additional vehicle trips on City streets, is hereby required to pay a Fair Share Traffic
Impact Mitigation Fee in the manner and amount specified herein.
The City Council shall, by resolution, set the specific amount of the fee, a formula for adjusting
the fee to account for annual inflation in transportation improvement construction costs, describe
the benefit and impact area on which the development impact fee is imposed, list the specific
public improvements to be constructed, describe the estimated cost of these facilities, and
describe the reasonable relationship that exists between the fee, the various types of new
development permitted in the City and the cost of improvements necessitated by new
development. The specific amount of the fee shall be based upon the category for the
development, multiplied by the vehicle trip for Land Use Category multiplied by the size of the
use.
This fee shall be adjusted on December 1, 2001, and annually thereafter by an amount equal to
the change in the construction cost index for the preceding year, as determined by the
Engineering News Record, published by the McGraw Hill.
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17.65.060--17:65.070(c) Huntington Beach Municipal Code
17.65.060 Exemptions
(a) Exemption Categories. The following development projects shall be exempt from the
requirements of this Chapter:
(1) Government and public facilities.
(2) Alteration or expansion of an existing building in which no additional dwelling
units are created, the use is not changed, and where no additional vehicle trips will
be produced over and above those produced by the existing building.
(3) The construction of accessory buildings, structures or uses which will not produce
additional vehicular trips over and above those produced by the principal building
or use of the land.
(4) The replacement of a destroyed or partially destroyed building or structure with a
new building or structure of the same size and use, provided that no additional
vehicle trips will be produced over and above those produced by the original use of
the land.
(b) Claim for Exemption Required. Any claim of exemption must be filed in the same
manner and will be considered pursuant to the same procedure as for a fee adjustment as
provided in Section 17.65080(c).
17.65.070 Calculation and Payment of the Traffic Impact Fee
(a) Fee Calculation. The Public Works Director shall be responsible for calculating the Fair
Share Traffic Impact Mitigation Fee required by this Chapter, in accordance with the Fair
Share Traffic Impact Mitigation Fee Schedule adopted by resolution of the City Council.
The applicable amount of the fee shall be estimated at least 60 days prior to the first public
hearing for any discretionary planning approvals required by City Zoning and Subdivision
Ordinance. The estimated fee shall identify the use category, the vehicle trips for the use
and the total estimated for fee based upon the proposed size of the developments. The fee
estimated shall be recalculated as needed at the time a building permit is issued, based on
the vehicle trip generation characteristics of the final development plan for which the
building permit is issued.
(b) Payment Procedure for Commercial or Industrial Development Projects. Fees
required by this Chapter from a New Commercial or Industrial Development Project shall
be paid at the time that the City issues a building permit for the Project.
(c) Payment Procedure for Residential Development Projects. The fee required by this
Chapter from a New Residential Development Project shall be paid before final inspection
of the dwelling unit on which the fee was imposed. However, the Planning Director may
adopt procedures to advance the time the fee is due on Residential Development Projects
consistent with Government Code Section 66007, as amended.
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Huntington Beach Municipal Code 17.65.070(d)--17.65.080(c)(1)(A)
(d) Fee Payments for Phased Development Projects. If a Development Project will be
constructed in phases, and separate building permits and certificates of occupancy will be
issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the
basis of the vehicle trip characteristics of the entire Development Project. Payment of the
fees may be made separately for each phase, provided the amount paid for each phase
shall be equal to the percentage that the vehicle trips for that phase represent of the total
development project's vehicle trips. The fee per vehicle trip shall be the fee in effect at
the time payment is due.
(e) Deposit of Fees. All Traffic Impact Fees collected shall be transferred for deposit into a
separate reserve account, as specified in this Chapter, and used solely for the purposes
specified in this Chapter.
17.65.080 Fee Adiustments
(a) An applicant for a New Development Project subject to a fee required by this Chapter may
apply to the City for a reduction, adjustment or waiver of the fee.
(b) Circumstances That May Justify a Fee Adjustment. Examples of circumstances that
may justify a fee adjustment include, but are not necessarily limited to the following:
(1) The Development Project includes an existing building that is proposed to be
demolished, provided the building proposed to be demolished was capable of being
used at the time of the Development Project application, and sufficient information
about its prior use is available to determine its trip generation characteristics. Any
such adjustment is limited to the amount of the fee that would otherwise be due for
the New Development Project.
(2) The physical or operating characteristics (e.g., hours of operation) of the New
Development Project produce trip generation characteristics that are substantially
different from the land use on which the fee calculation is based.
(3) The New Development Project includes multiple land uses whose trip generation
characteristics are complementary, such that the Development Project's total trip
generation is anticipated to be less than the sum of the vehicle trips associated with
its individual land uses.
(c) An application for a fee adjustment shall be made and decided as follows:
(1) Application. A separate application shall be filed for each adjustment request made
pursuant to this Section. Such application shall be made on a form provided by the
Public Works Director and shall be filed with the Public Works Director not later
than:
(A) thirty (30) days prior to the first public hearing on an applicable discretionary
permit application for the Development Project, pursuant to the City Zoning
and Subdivision Ordinance; or
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17.65.080(c)(1)(B)--17.65.090(b) Huntington Beach Municipal Code
(B) if no such discretionary permit is required, at the time of application for a
building permit for the Development Project. Each application shall state in
detail the factual basis for the requested fee reduction, adjustment or waiver.
The Public Works Director shall determine if the application is complete, and
if not, may cause the public hearing to be continued until the application is
determined to be complete.
(2) Hearing. The Planning Commission or the Zoning Administrator shall consider the
fee adjustment application at the same public hearing as the application for a
discretionary development permit for the Development Project, or, if no such permit
is required, the Public Works Commission shall consider the application at a
separate hearing within (sixty) 60 days after the fee adjustment application is
deemed complete by the Public Works Director.
(3) Appeal. Any person may appeal the decision of the Planning Commission, Zoning
Administrator or Public Works Commission to the City Council, by filing a written
appeal with the City Clerk within ten (10) days of the Planning Commission's
decision.
17.65.090 Fee Refunds
Upon application, fees collected by the City pursuant to this Chapter shall be refunded only
under the following circumstances:
(a) Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to
the satisfaction of the Public Works Director that they were erroneously or illegally
collected, or if the City is compelled to do so pursuant to a final judgment by a court of
competent jurisdiction. An application for a refund pursuant to this Section shall be filed
within ninety (90) days after the payment of the fees pursuant to Section 17.65.070.
(b) City Failure to Commit Funds. Pursuant to Government Code Section 66001(e), fees
will be refunded if the City fails to commit them to a surface transportation improvement
project of the nature or type identified in the Transportation System Needs Analysis
within five years from the date that the fees were collected from the applicant. For
purposes of this subsection, fees are deemed to have been "committed" if they have been
budgeted or otherwise encumbered by the City for an eligible improvement, studies,
design drawings or any necessary applications for approval by other governmental
agencies have been initiated, construction bidding has been initiated, or improvements are
under construction. Eligible refunds, plus interest at the City's average annual cost of
funds, will be made only upon an application filed within 180 days of the expiration of the
fifth anniversary of the fee payment.
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Huntington Beach Municipal Code 17.65.100--17.65.100(d)
17.65.100 Fee Credits for Construction of Citywide Surface Transportation Improvements
(a) An applicant for a New Development project shall be entitled to a credit against the
amount of the Fair Share Traffic Impact Mitigation Fee otherwise required by this
Chapter, if the applicant agrees to dedicate right-of-way needed for, or construct a traffic
improvement listed in, the Transportation System Needs Analysis. No credit shall be
given for site-related improvements or site-related right-of-way dedications.
(b) Application. A separate application shall be filed for each adjustment request made
pursuant to this Section. Such application shall be filed with the Public Works Director
on a form provided by the Director, not later than:
(1) Thirty (30) days prior to the first public hearing on an applicable discretionary
permit application for the development project, pursuant to the City Zoning and
Subdivision Ordinance; or
(2) If no such discretionary permit is required, at the time of application for a building
permit for the development project. Each application shall provide the
documentation and assurances specified below.
Any credit application shall be considered pursuant to Section 17.65.070 in the same
manner as the fee calculation adjustment.
(c) Credit for the Dedication of Non-Site-Related Right-of-Way. Credit for the dedication
of non-site-related right-of-way for streets or street segments listed in the Transportation
System Needs Analysis shall be valued at 115 percent of the most recent assessed value as
determined by the Orange County Assessor, or at the fair market value established by a
private appraiser acceptable to the City. In no event shall the credit exceed the right-of-
way costs for the street segment specified in the Transportation System Needs Analysis,
or other applicable basis for the fee, nor shall the credit exceed the amount of the Fair
Share Traffic Impact Mitigation Fee that would otherwise apply. Credit for the dedication
shall be provided when the property has been conveyed at no cost to, and accepted by, the
City in a manner specified by the City.
(d) Credit for Construction of Non-Site-Related Improvements. Applications for credit
for construction of non-site-related improvements shall submit acceptable engineering
drawings, specifications and construction cost estimates to the Public Works Director.
The Director shall recommend to the Planning Commission the amount of the credit for
improvement construction based on either these cost estimates or alternative estimates if
the Director determines reasonably that the estimates submitted by the applicant are either
unreliable or inaccurate. In no event shall the amount of the credit exceed the
improvement cost specified in the Transportation System Needs Analysis, or other
applicable basis for the fee, nor shall the credit exceed the amount of the Fair Share
Traffic Impact Mitigation Fee that would otherwise apply.
No final inspection or certificate of occupancy for the Development Project may be issued
until: (1)the construction is completed and accepted by the City; (2) a suitable
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17.65.100(d)--17.65.120(e) Huntington Beach Municipal Code
maintenance and warranty bond is received and accepted by the City; and (3) all design,
construction, inspection, testing, bonding and acceptance procedures are in strict
compliance with City paving, drainage and other applicable requirements.
17.65.110 Establishment of Reserve Account for Fees
Pursuant to Government Code Section 66006, fees paid to the City pursuant to this Chapter shall
be deposited into a separate Reserve Account in the City's General Fund and used solely for the
purposes of providing surface transportation improvements. All monies deposited into the
Reserve Account established by this Chapter shall be held separate and apart from other City
funds. All interest or other earnings on the unexpended balance in the Reserve Account shall be
credited to the Reserve Account.
17.65.120 Eligible Expenditures From Fee Reserve Account
All monies and interest earnings in the Reserve Account established by this Chapter shall be
expended on the construction of surface transportation projects of the nature or type identified in
the Transportation System Needs Analysis, or such other report as may be prepared from time to
time to document the reasonable fair share of the costs to mitigate the traffic impacts of new
development. Such expenditures may include, but are not necessarily limited to the following:
(a) Reimbursement for all direct and indirect costs incurred by the City to construct surface
transportation improvements pursuant to this Chapter, including the cost of land and right-
of-way acquisition, planning, legal advice, engineering, design, construction and
equipment.
(b) Reimburse the City for the construction of surface transportation projects of the nature or
type identified in the Transportation System Needs Analysis, or such other report as may
be prepared from time to time to document the reasonable fair share of the costs to mitigate
the traffic impacts of new development constructed by the City with local funds from other
sources.
(c) Costs of issuance or debt service associated with bonds, notes or other security instruments
issued to fund surface transportation improvements identified in the Transportation System
Needs Analysis.
(d) Reimbursement for administrative costs incurred by the City in establishing or maintaining
the Reserve Account required by this Chapter, including the cost of studies to establish the
requisite nexus between the fee amount and the use of fee proceeds. City administrative
costs shall not exceed ten (10) percent of the Reserve Account balance in any fiscal year.
(e) No Reserve Account funds shall be used to pay for capital improvements that are
associated with existing arterial street segment or signalized intersection Level of Service
deficiencies, nor shall Reserve Account funds be used for periodic surface transportation
system maintenance.
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Huntington Beach Municipal Code 17.65.130--17.65.140
17.65.130 Annual Program Review and Periodic Adjustment of the Fee
Prior to October 1 of each year, during the budget review process, the City Council shall review
the status of compliance with this Chapter, including the amount of fees collected, expenditures
from the Reserve Account, and the degree to which the fees collected pursuant to this Chapter
are assisting the City to mitigate the surface transportation impacts of new development. At least
every five (5) years after the effective date of the Ordinance enacting this Chapter,the Public
Works Director shall prepare, and the City Council shall consider, the fee formula established to
implement this Chapter, whether any adjustment in the fee formula or use of fee proceeds is
warranted, or any other changes are needed to the procedures established by this Chapter, to
fulfill the goals, objectives or policies of the City's General Plan. Each year between periodic
reviews of the fee formula, the fee shall be increased by a factor to account for inflation in
surface transportation construction costs, as provided in the City Council resolution setting the
fee amount.
17.65.140 Preparation of Implementation Guidelines
Within sixty (60) days after the effective date of the Ordinance enacting this Chapter, the
Director of Public Works shall prepare administrative guidelines to implement the provisions of
this Chapter. The guidelines shall include administrative procedures, example fee calculations,
application forms and such other information that will assist City staff, decision makers,
developers ands the public to understand how the provisions of this Chapter are to be
implemented."
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HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective October 5, 2000)
Please Remove from Code Please Add to Code
Chapter 9.68 Chapter 9.68
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
_ (714) 374 1632
.Mun cipal Code�is avarlableon�°the lnternet�c�
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 9.68.010--9.68.010
Chapter 9.68
CURFEW
(480-5/44, Urg. Ord. 486-7/45, 3282-6/95, 3475-10/00)
Sections:
9.68.010 Definitions
9.68.020 Curfew-Prohibited conduct
9.68.030 Responsibility of Parents
9.68.040 Responsibility of establishments
9.68.050 Exceptions
9.68.060 Enforcement
9.68.070 Parents to take minor home
9.68.080 Civil penalties for failure to control minor
9.68.090 Hearing
9.68.100 Remedy cumulative
9.68.110 Nuisance
9.68.120 Severability
9.68.010 Definitions. (3282-6/95)
Emergency Means an unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term includes, but is not limited to, a fire, a natural
disaster, an automobile accident, or any situation requiring immediate action to
prevent serious bodily injury or loss of life. (3282-6/95)
Establishment Means any privately owned place of business operated for a profit to which the
public is invited, including but not limited to any place of amusement or
entertainment. (3282-6/95)
Guardian (a) Means a person who, under court order, is the guardian of the person of a
minor; or (3282-6/95)
(b) a public or private agency with whom the minor has been placed by a court.
(3282-6/95)
Minor
(Juvenile) Means any person under the age of eighteen(18)years of age. (3282-6/95)
Officer Means a police officer, deputy sheriff, or other law enforcement agency officer.
Operator Means an individual, firm, association, partnership, or corporation operating,
managing or conducting any establishment. The term includes the members or
partners of an association or partnership and officers of a corporation. (3282-6/95)
Parent Means a person who is: (3282-6/95)
(a) a natural parent, adopting parent, or step-parent of another person; or
(3282-6/95)
(b) a person at least eighteen (18) years of age and authorized in writing by a
parent or guardian to have the care and custody of a minor. (3282-6/95)
Public Place Means any place to which the public or a substantial group of the public has access
and includes, but not limited to, streets, highways, and common areas of schools,
hospitals, apartment houses, office buildings, transport facilities, theaters, game
rooms, shops, shopping malls or any other place for the sale of merchandise and
business. (3282-6/95)
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r
9.68.010--9.68.050.1.(b)3. Huntington Beach Municipal Code
Street Means a way or place, of whatever nature, open to the use of the public as a
matter of right for purpose of vehicular travel or in the case of a sidewalk thereof
for pedestrian travel. The term"street" includes the legal right-of-way, including
but not limited to the traffic lanes, curb, sidewalk, whether paved or unpaved, and
any grass plots or other grounds found within the legal right-of-way of a street.
The term"street" applies irrespective of what the legal right-of-way is formally
named or called, whether alley, avenue, court, road or otherwise. (3282-6/95)
Remain Means to: (3282-6/95)
(a) linger or stay; or (3282-6195)
(b) fail to leave premises when requested to do so by an officer or the owner,
operator, or other person in control of the premises. (3282-6/95)
Youth/Curfew
Temporary
Holding
Facility Means a public facility for the temporary detention of juveniles found to be in
violation of curfew ordinances and other at risk situations that can be detrimental
to the Juvenile's safety and welfare. (3282-6/95)
9.68.020 Curfew-Prohibited conduct. A minor commits a misdemeanor if he/she remains,
walks, runs, stands, drives or rides about, in or upon any public place or on the premises of any
establishment within the city between the hours of 10:00 p.m. and 6:00 a.m. of the following day,
Pacific Standard Time. (3282-6/95)
9.68.030 Responsibility of Parents. A parent or guardian of a minor is subject to the penalties
set forth in Section 9.68.080 herein if he/she knowingly permits or allows the minor to remain,
walk, run, stand, drive or ride about in or upon any public place or on the premises of any
establishment open to the general public within the city during curfew hours. (3282-6/95)
9.68.040 Responsibility of establishments. The owner, operator, or any employee of an
establishment commits misdemeanor if he/she knowingly allows a minor to remain, walk, run,
stand, drive or ride about in or upon any public place within his or her control or on the premises
of any establishment within his or her control within the city during curfew hours. (3282-6/95)
9.68.050 Exceptions. (3282-6/95)
1. The provisions of this chapter do not apply when the minor is: (3282-6/95)
(a) accompanied by the minor's parents or guardian; (3282-6/95)
(b) in public for a specific purpose at designated times, without detour or stop, with the
minor's parent's or guardian's written permission which shall state: (3282-6/95 deleted, 3475-
10/00)
1. The name, address and telephone number of such child; (3475-10/00)
2. The name, address and telephone number of the parent, guardian, or custodian for the
child; (3475-10/00)
3. The height, weight, sex, color of eyes and hair, and other relevant physical
characteristics of such child; (3475-10/00)
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Huntington Beach Municipal Code 9.68.050.1.(b)4--9.68.060.2(b)
4. A brief description of the employment, errand or activity for which the minor has
permission to engage in and the time of day during which this activity will be
conducted; and (3475-10100)
5. The points of origin and destination of the minor. (3282-6/95 deleted; 3475-10/00)
(c) engaged in employment activity, or going to or returning home from an employment
activity, without any detour or stop; (3282-6/95)
(d) is rendering aid in an emergency; is in need of aid due to an emergency or is prevented
from movement by an emergency situation. In cases of reasonable necessity and of such
urgency that the parent, guardian, custodian, or other responsible person is unable to
accompany the minor. (3282-6/95 deleted; 3475-10/00)
(e) on the sidewalk abutting the minor's (3282-6/95, 3475-10/00)
(f) attending, or going to or returning home without any detour or stop, from an official
school, religious, or other recreational activity supervised by adults or sponsored by the
City of Huntington Beach, a civic organization; or another similar entity that takes
responsibility for the minor. (3282-6/95, 3475-10/00)
(g) exercising rights protected by the First Amendment of the United States Constitution.
(3475-10/00)
(h) married or legally emancipated and can show proof of the same. (3475-10/00)
2. The provisions of this chapter do not apply when the owner, operator, or employee of an
establishment promptly notified the Huntington Beach Police Department that a minor was
present on the premises of the establishment during curfew hours and refused to leave.
(3282-6/95)
3. Before taking any enforcement action under this section, a police officer should ask the
apparent offender's age and reason for being in the public place or on the premises of the
establishment during curfew hours. (3282-6/95-deleted, 3475-10/00)
9.68.060 Enforcement. (3282-6/95)
1. Every law enforcement officer is authorized and empowered to demand from any person
whom he has reasonable cause to believe comes within the provisions of this chapter and who
remains, walks, runs, stands, drives or rides about in or upon any public place or on the
premises of any establishment within the city, without his or her parents or guardian, during
curfew hours, that such person give his name, address and parents or guardian, during curfew
hours, that such person give his name, address and parents' names, and furnish proof of his or
her age or proof that he or she is upon an emergency errand or legitimate business directed by
his or her parents or guardian. (3282-6/95)
2. Juveniles who are found to be in violation of the curfew ordinance may be issues a Municipal
Court citation and/or taken into custody and transported to: (3282-6/95)
(a) Youth/curfew Temporary Holding Facility; (3282-6/95)
(b) Huntington Beach Police Department; (3282-6195)
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9.68.060(2)(c)--9.68.100 Huntington Beach Municipal Code b
(c) Juvenile's residence if it is nearby and a parent or guardian will be available to take
custody of the juvenile; or (3282-6/95)
(d) Release in the field at the officers discretion - if placement or parental contact cannot be
made, or parent refuses assistance. (3282-6/95)
3. A parent or guardian who knowingly permits a minor over whom he or she has control to
violate this ordinance, shall be subject to the provisions of Section 272 of the California Penal
Code and may be charged with violating the Penal Code provision. (3282-6/95)
9.68.070 Parents to take minor home. If a minor taken into custody is a minor coming within
the provisions of this chapter, any such law enforcement officer is authorized and empowered to
demand of the parents, guardian or other adult person having the care and custody of such minor
that they take such minor to his or her permanent or temporary residence within the state, whether
the place of residence is located within or without the jurisdiction of the governing body. Refusal
on the part of the parent or guardian to accept a minor for whom the parent or guardian is
responsible shall be a MISDEMEANOR. (3282-6/95)
9.68.080 Civil penalties for failure to control minor. (3282-6/95)
1. Every parent or legal guardian who, by any act or omission, or by threats, contributes to, or
induces or endeavors to induce any dependent child to fail or refuse to conform to any lawful
order of law enforcement personnel or this Code concerning curfew, shall be subject to a civil
penalty. For purposes of this Section, a parent or legal guardian to any minor shall have the
duty to exercise reasonable care, supervision, protection and control over their minor child.
(3282-6/95)
2. Upon the first violation of this ordinance, the law enforcement officer shall issue to the minor
a warning citation regarding the consequences of a second violation of the ordinance. A
designated representative of the Chief of Police shall mail to the parent or legal guardian of
the minor a notification that states that upon a second violation, the parents or legal guardian
may be held liable for actual administrative and transportation costs, and that requires the
parents or legal guardians to sign and return the notification. This notification shall include a
space for the explanation of any circumstances relevant to an applicable exemption from the
fee. This explanation shall be reviewed by a designated representative of the Police
Department. (3282-6/95)
3. A fee for the actual costs of administrative and transportation services for the return of the
minor to his or her place of residence, or to the custody of his or her parents or legal guardian
or any other place to which the minor is taken by the law enforcement officer may be charged
jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to
exceed those actual costs. (3282-6195)
9.68.090 Hearin. Upon petition of the person required to pay the fee, the city shall conduct a
hearing as to the validity of the fees charged, and may waive payment of the fee by the minor, his
or her parents or legal guardian, upon a finding of good cause. Good cause shall mean that the
person has made reasonable efforts to exercise supervision and control over the minor; that the
fee may be waived if neither the minor nor the parents or legal guardian has the ability to pay the
fee; that the minor or parents will perform community service in lieu of imposition of the fee and
that the parents or legal guardian has limited physical or legal custody and control of the minor.
(3282-6/95)
9.68.100 Remedy cumulative. The remedies provided in this chapter are in addition to the
remedies and penalties available under the Huntington Beach Municipal Code and all other laws
of the state. (3282-6/95)
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Huntington Beach Municipal Code 9.68.110--9.68.120
9.68.110 Nuisance. It shall be deemed a public nuisance for any minor to remain, walk, run,
stand, drive or ride about, in or upon any public place or on the premises of any establishment
within the city between the hours of 10:00 p.m. and 6:00 a.m. (3282-6/95)
9.68.120 Severability. If any section, subsection, phrase or clause of this section is for an;
reason held to be invalid, such decision shall not affect the validity of the remaining portion of this
section. The City Council declares that it would have adopted this ordinance and each section,
subsection, phrase or clause thereof irrespective of the fact that any one or more sections,
subsections, sentences, phrases or clauses be declared invalid. (3282-6/95)
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Huntington Beach Municipal Code 9.68.010-9.68.010
Chapter 9.68
CURFEW
(480-5/44, Urg. Ord. 486-7/45, 3282-6/95, 3475-10100)
Sections: `
9.68.010 Definitions
9.68.020 Curfew-Prohibited conduct .
9:68.030 Responsibility of Parents
9.68.040 Responsibility of establishments
9.68.050 Exceptions
9.68.060 Enforcement
9.68.070 Parents to take minor home
9.68.080 Civil penalties for failure to control minor
9.68.090 Hearing
9.68.100 Remedy cumulative
9.68.110 Nuisance
9.68.120 Severability
9.68.010 Definitions. (3282-6/95)
Emergency Means an unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term includes, but is not limited to, a fire, a natural
disaster, an automobile accident, or any situation requiring immediate action to
prevent serious bodily injury or loss of life. (3282-6/95)
Establishment Means any privately owned place of business operated for a profit to which the
public is invited, including but not limited to any place of amusement or
entertainment. (3282-6/95)
Guardian (a) Means a person who, under court order, is the guardian of the person of a
minor; or (3282-6/95)
(b) a public or private agency with whom the minor has been placed by a court.
(3282-6/95)
Minor
(Juvenile) Means any person under the age of eighteen(18)years of age. (3282-6i95)
Officer Means a police officer, deputy sheriff, or other law enforcement agency officer.
Operator Means an individual, firm, association, partnership, or corporation operating,
managing or conducting any establishment. The term includes the members or
partners of an association or partnership and officers of a corporation. (3282-6/95)
Parent Means a person who is: (3282-6/95)
(a) a natural parent, adopting parent, or step-parent of another person; or
(3282-6195)
(b) a person at least eighteen(18)years of age and authorized in writing by a
parent or guardian to have the care and custody of a minor. (3282-6/95)
Public Place Means any place to which the public or a substantial group of the public has access
and includes, but not limited to, streets, highways, and common areas of schools,
hospitals, apartment houses, office buildings, transport facilities, theaters, game
rooms, shops, shopping malls or any other place for the sale of merchandise and
business. (3282-6195)
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9.68.010--9.68.050.1.(b)3. Huntington Beach Municipal Code
Street Means a way or place, of whatever nature, open to the use of the public as a
matter of right for purpose of vehicular travel or in the case of a sidewalk thereof
for pedestrian travel. The term"street" includes the legal right-of-way, including
but not limited to the traffic lanes, curb, sidewalk, whether paved or unpaved, and
any grass plots or other grounds found within the legal right-of-way of a street.
The term"street" applies irrespective of what the legal right-of-way is formally
named or called, whether alley, avenue, court, road or otherwise. (3282-6/95)
Remain Means to: (3282-6195)
(a) linger or stay; or (3282-6/95)
(b) fail to leave premises when requested to do so by an officer or the owner,
operator, or other person in control of the premises. (3282-6/95)
Youth/Curfew
Temporary
Holding
Facility Means a public facility for the temporary detention of juveniles found to be in
violation of curfew ordinances and other at risk situations that can be detrimental
to the Juvenile's safety and welfare. (3282-6/95)
9.68.020 Curfew-Prohibited conduct. A minor commits a misdemeanor if he/she remains,
walks, runs, stands, drives or rides about, in or upon any public place or on the premises of any
establishment within the city between the hours of 10:00 p.m. and 6:00 a.m. of the following day,
Pacific Standard Time. (3282-6/95)
9.68.030 Responsibility of Parents. A parent or guardian of a minor is subject to the penalties
set forth in Section 9.68.080,herein if he/she knowingly permits or allows the minor to remain,
walk, run, stand, drive or ride about in or upon any public place or on the premises of any
establishment open to the general public within the city during curfew hours. (3282-6/95)
9.68.040 Responsibility of establishments. The owner, operator, or any employee of an
establishment commits misdemeanor if he/she knowingly allows a minor to remain, walk, run,
stand, drive or ride about in or upon any public place within his or her control or on the premises
of any establishment within his or her control within the city during curfew hours. (3282-6/95)
9.68.050 Exceptions. ( ls --
1. The provisions of this chapter do not apply when the minor is: (3282-6195)
(a) accompanied by the minor's parents or guardian; (3282-6/95)
(b) in public for a specific purpose at designated times, without detour or stop, with the
minor's parent's or guardian's written permission which shall state: (3282-6/95 deleted, 3475-
10/00)
1. The name, address and telephone number of such child; (3475-10/00)
2. The name, address and telephone number of the parent, guardian, or custodian for the
child; (3475-10100)
I The height, weight, sex, color of eyes and hair, and other relevant physical
characteristics of such child; (3475-10/00)
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Huntington Beach Municipal Code 9.68.050.1.(b)4-9.68.060.2(b)
4. A brief description of the employment, errand or activity for which the minor has
permission to engage in and the time of day during which this activity will be
conducted; and (3475-10/00)
5. The points of origin and destination of the minor. (3282-6/95 deleted; 3475-10100)
(c) engaged in employment activity, or going to or returning home from an employment
activity, without any detour or stop; (3282-6/95)
(d) is rendering aid in an emergency; is in need of aid due to an emergency or is prevented
from movement by an emergency situation. In cases of reasonable necessity and of such
urgency that the parent, guardian, custodian, or other responsible person is unable to
accompany the minor. (3282- 5 eleted; 3475-10/00)
(e) on the sidewalk abut m-the minor's (3282-6/95, 3475-10/00
(f) attending, or going to or returning home without any detour or stop, from an official
school, religious, or other recreational activity supervised by adults or sponsored by the
City of Huntington Beach, a civic organization, or'another similar entity that takes
responsibility for the minor. (3282-6/95, 3475-10/00)
(g) exercising rights protected by the First Amendment of the United States Constitution.
(3475-10/00)
(h) married or legally emancipated and can show proof of the same. (3475-10/00)
2. The provisions of this chapter do not applywhen the owner, operator, or employee of an
establishment promptly notified the Huntington Beach Police Department that a minor was
present on the premises of the establishment during curfew hours and refused to leave.
(3282-6195)
3. Before taking any enforcement action under this section, a police officer should ask the
apparent offender's age and reason for being in the public place or on the premises of the
establishment during curfew hours. (3282-6/95-deleted, 3475-10100)
9.68.060 Enforcement. (3282-6/95)
1. Every law enforcement officer is authorized and empowered to demand from any person
whom he has reasonable cause to believe comes within the provisions of this chapter and who
remains, walks, runs, stands, drives or rides about in or upon any public place or on the .
premises of any establishment within the city,without his or her parents or guardian, during
curfew hours that such person give his name, address and parents or guardian,during curfew
hours, that such person give his name, address and parents' names, and furnish proof of his or
her age or proof that he or she is upon an emergency errand or legitimate business directed by
his or her parents or guardian. (3282-6/95)
2. Juveniles who are found to be in violation of the curfew ordinance may be issues a Municipal
Court citation and/or taken into custody and transported to: (3282-6/95)
(a) Youth/curfew Temporary Holding Facility, (3282-6195)
(b) Huntington Beach Police Department; (3282-6195) .
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R
9.68.060(2)(c)--9.68.100 Huntington Beach Municipal Code
n
(c) Juvenile's residence if it is nearby and a parent or guardian will be available to take
custody of the juvenile; or (3282-6/95)
(d) Release in the field at the officers discretion- if placement or parental contact cannot be
made, or parent refuses assistance. (3282-6195)
3. A:parent or guardian who knowingly permits a minor over whom he or she has control to
violate this ordinance,shall be subject to the provisions of Section 272 of the California Penal
Code and may be charged with violating the Penal Code provision. (3282-6/95)
9.68.070 Parents to take minor home. If a minor taken into custody is a minor coming within
the provisions of this chapter, any such law enforcement officer is authorized and empowered to
demand of the parents, guardian or other adult person having the care and custody of such minor
that they take such minor to his or her permanent or temporary residence within the state, whether
the place of residence is located within or without the jurisdiction of the governing body. Refusal
on the part of the parent or guardian to accept a minor for whom the parent or guardian is
responsible shall be a MISDEWANOR. (3282-6/95)
9.68.080 Civil penalties for failure to control minor. (3282-6/95)
1. Every parent or legal guardian who, by any act or omission, or by threats, contributes to, or
induces or endeavors to induce any dependent child to fail or refuse to conform to any lawful
order of law enforcement personnel or this Code concerning curfew, shall be subject to a civil
penalty. For purposes of this Section, a parent or legal guardian to any minor shall have the
duty to exercise reasonable care, supervision, protection and control over their minor child.
(3282-6195)
2. Upon the first violation of this ordinance, the law enforcement officer shall issue to the minor
a warning citation regarding the consequences of a second violation of the ordinance. A
designated representative of the Chief of Police shall mail to the parent or legal guardian of
the minor a notification that states that upon a second violation, the parents or legal guardian
may be held liable for actual administrative and transportation costs, and that requires the
parents or legal guardians to sign and return the notification. This notification shall include a
space for the explanation of any circumstances relevant to an applicable exemption from the
fee. This explanation shall be reviewed by a designated representative of the Police
Department. (3282-6/95)
3. A fee for the actual costs of administrative and transportation services for the return of the
minor to his or her place of residence, or to the custody of his or her parents or legal guardian
or any other place to which the minor is taken by the law enforcement officer may be charged
jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to..
exceed those actual costs. (3282=6/95)
9.68.090 Hearing. Upon petition of the person required to pay the fee, the city shall conduct a
hearing as to the validity of the fees charged, and may waive payment of the fee by the minor, his
or her parents or legal guardian, upon a finding of good cause. Good cause shall mean that the
person has made reasonable efforts to exercise supervision and control over the minor; that the
fee may be waived if neither the minor nor the parents or legal guardian has the ability to pay the
fee; that the minor or parents will perform community service in lieu of imposition of the fee and
that the parents or legal guardian has limited physical or legal custody and control of the minor.
(3282-6/95)
9.68.100 Remedy cumulative. The remedies provided in this chapter are in addition to the
remedies and penalties available under the Huntington Beach Municipal Code and all other laws
of the state. (3282-6/95)
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Huntington Beach Municipal Code 9.68.110--9.68.120
r
9.68.110 Nuisance. It shall be deemed a public nuisance for any minor to remain, walk, run,
stand, drive or ride about, in or upon any public place or on the premises of any establishment
within the city between the hours of 10:00 p.m. and 6:00 a.m. (3282-6/95)
9.68.120 Severability. If any section, subsection, phrase or clause of this section is for any`
reason held to be invalid, such decision shall not affect the validity of the remaining portion of this
section. The City Council declares that it would have adopted this ordinance and each section,
subsection, phrase or clause thereof irrespective of the fact that any one or more sections,
'subsections, sentences; phrases or clauses be declared invalid. (3282-6/95)
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HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Urg . Ordinance
Effective September 5, 2000)
Please Remove from Code Please Add to Code
First page (1 & 2) and last page, First page (1 & 2) and last page,
Chapter 10.12 Chapter 10.12
Prepared by:
Office of the City Clerk - Records Division
City of .Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
_ � ���tt�unicrpai Coders auailable On then�err�et�5�
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http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 10.12.010--10.12.040
Chapter 10.12
SPEED LIMITS
(1935-11/74, 1947-12/74, 1997-9(75,2066-7176,2316-10178,2325-11/78,2358-5/79,2388-9/79,2421-5/80,
Urg Ord 2422-3/80,2432-6180,2527-2/82,2624-7/83,2654-11183,2670-11183,2715-9/84,2878-12/86,2883-12/86,3133-8/92,
3187-3/93,3188-3/93,Urg.3204-7193,3230-4/94,3272-1195,3328-6/96,3380-12197,3383-3/98,3448-1/2000, Urg.3476-9/2000)
Sections:
10.12.010 Twenty-five m.p.h. prima facie speed limit
10.12.020 Thirty m.p.h. prima facie speed limit
10.12.030 Thirty-five m.p.h. prima facie speed limit
10,12.040 Forty m.p.h. prima facie speed limit
10.12.050 Forty-five m.p.h. prima facie speed limit
10.12.060 Fifty m.p.h. prima facie speed limit
10.12.065 Fifty-five m.p.h. prima facie speed limit
10.12.070 Speed limits on state highways
10.12.080 Speed limits enumerated
1012.010 Twenty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets and that the prima facie limit of speed on a portion of the following streets as listed in
Section 10.12.080 shall be and is twenty-five (25) miles per hour, (1935-11/74, 1947-12/74,2066-7/76,
2421-5/80,2883-12186,3133-8/92,3272-1/95,3380-12/97)
10.12.020 Thirty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of thirty(30) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is thirty (30) miles per hour. (1935-11/74,1947-12/74,1997-9/75,2066-7/76,2388-9/79,2432-6/80,2527-2/82,
3133-8192,3230-4/94,3272-1/95,3380-12/97)
10.12.030 Thirty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of thirty-five (35)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.090 shall be and is thirty-five (35)miles per hour. (1935-11n4, 1947-12/74,2358-5I79,Urg
Ord 2422-3180,2527-2/82,2654-11183,2670-11/83,2715-9184,2878-12/86,3133-8192,3230-4/94,3272-1/95,3380-12/97)
10.12.040 Forty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of forty (40) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is forty (40) miles per hour. (1935-11/74, 1 947-1 2174,1997-9/75,2066-7/76,2316-10/78,2358-5/79,2421-5/80,
2432-6180,2527-2/82,2624-7/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12/97)
9/00
r.
10.12.050--10.12.080 Huntington Beach Municipal Code �~
10.12.050 Forty-five m.p.h.prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of forty-five (45)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is forty-five (45) miles per hour. (1935-11/74,1947-12/74,2358-5/79,
2388-9/79, Urg Ord 2422-3/80,3133-8/92,3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3380-12/97)
10.12.060 Fifty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty(50) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty (50) miles per hour. (1935-11/74,1947-12/74,3133-8/92,Urg.3204-7/93,3230-4/94,3380-12/97)
10.12.065 Fifty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of
an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the
most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that
the prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty-five (55) miles per hour. (3133-8/92,3230-4/94,3380-12/97)
10.12.070 Sneed limits on state highways. The State of California has established that orderly
movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets
and that the prima facie limit of speed on a portion of the following streets shall be and is as listed
in Section 10.12.080. (3133-8192)
10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up
(North) and to the right (East). An asterisk(*) denotes speed limit not set by survey. (3133-8/92,
3230-4/94,3328-6/96,3380-12/97,3383-3/98,3448-1/2000,Urg.3476-9/2000)
(REST OF PAGE INTENTIONALLY LEFT BLANK)
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Huntin ton Beach Munici al Code 10.12.080
STREET BETWEEN SPEED
PCH Goldenwest 6200'N/0 Goldenwest 50
(Continued) 6200'N/0 Goldenwest 800' S/0 Warner 55
800' S/0 Warner North Ci Limits 40
Palm Main 17th 35
17th Goldenwest 35
Goldenwest Sea point 45*
Parkside Holt Edin er 30
Rancho Bolsa Chica North/East CijX Limits 40
Saybrook Daven ort Heil 25
Heil Edin er 45
17th PCH Orange 35
Orange Palm 35
Palm Main 35
Huntin on Florida 35
Sea oint PCH Garfield 40
Sher Juliette Low Edinger 35
Slater Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Beach 40
Beach Newland 40
Springdale South ity Limit Talbert 45
Talbert Slater 40
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 50
Bolsa North CitX Limit 50
Summit Sea oint Goldenwest 35
Talbert West City Limit Edwards 40
Goldenwest Gothard 40
Gothard Beach 40
Beach Newland 45
Ward Yorktown Garfield 45
Warner PCH Al on uin 50
Algonquin Bolsa Chica 50
Bolsa Chica Graham 50
Graham Springdale 50
Springdale Edwards 50
Edwards Goldenwest 50
Goldenwest Gothard 45
Gothard Nichols 40
Nichols Ash 45
Ash Beach 45
Beach Newland 45
Newland Magnolia 45
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10.12.080 Huntington Beach Municipal Code
STREET BETWEEN SPEED
Yorktown Goldenwest Main Street 30
Main Street Lake Street 30
Lake Street Beach 30
Beach Newland 35
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 45
Brookhurst Ward 45
12/97
4
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective June 19 , 2000)
Please Remove from Code Please Add to Code
Chapter 17.65 Chapter 17.65
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374 1632
� ���tl/lun�er a/ Code isauallabfe�an th� lnternef �����
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 17.65.10--17.65.020(c)(3)
Chapter 17.65
TRAFFIC IMPACT FEES
(3048-9/90; Urg. 3474-6/00)
Sections:
17.65.010 Comprehensive Transportation System Improvement Program
17.65.020 Traffic Impact Fee
17.65.030 Phased Projects
17.65.040 Exemptions
17.65.050 Expiration
17.65.010 Comprehensive Transportation System Improvement Program.
(a) Each year the city shall prepare a monitoring report. This report shall be used to update the
Comprehensive Transportation System Improvement Program (C.T.S.I.P.) hereby established.
The Program is a plan, prepared and adopted annually by the city, to address the cumulative
impact of development in a defined impact area and to address the funding and construction of
transportation facilities in order to achieve and maintain the standard level of service as set
forth in the C.T.S.I.P. The City Traffic Engineering Division will be responsible for the
preparation and annual update of the Program. The Program will be reviewed and updated
during the Fall of each year. (3048-10/90)
(b) The Comprehensive Transportation System Improvement Program shall be utilized to
determine the pro rata share of the cost of necessary improvements attributable to a given
project. (3048-10/90)
(c) On an annual basis, the City-Council shall review to determine whether the traffic impact fee
amount is reasonably related to the impacts of developments, whether the described facilities
are still needed, and shall set the new amount of the fee, if any, by ordinance. (3048-10190)
17.65.020 Traffic Impact Fee
(a) Establishment Of Traffic Impact Fee: A traffic impact fee (hereinafter the "fee") is hereby
established. Fee shall be based upon the Comprehensive Transportation System Improvement
Program. The Program shall set forth the specific amount of the fee, describe the benefit and
impact area on which the fee is imposed, list the specific public improvements to be financed,
describe the estimated cost of these facilities, describe the reasonable relationship between this
fee and the various types of new developments or changed uses. (3048-10/90)
(b) Time Of Payment: The fee will be assessed and payable at the time of issuance of the
certificate of occupancy, or the final inspection, whichever occurs first. (3048-10/90)
(c) Fee Determination:
1. The fee assessment process will take into account the existing use of the property, such
that a property owner will be charged only for increased use of the property which affects
traffic. (3048-10/90)
2. The Traffic Impact Fee shall be Seventy-five Dollars ($75.00) per trip generated by the
project. (3048-10/90)
3. During the Fall of each year the City shall budget an amount equal to the revenues
projected to be derived from Traffic Impact Fees for the fiscal year. On a quarterly basis,
the City shall cause to have the budgeted funds transferred into a special fund but only in
6/00
f
17.65.020(c)(3)--17.65.050 Huntington Beach Municipal Code
direct proportion to amounts actually received from Traffic Impact Fees at that point in
the year. (3048-10/90)
(d) Limited Use Of Fees: The revenues raised by payment of the fee shall be placed in a separate
and special account. Such revenues, along with any interest earnings on that account, shall be
used solely to: (3048-10190)
1. Pay for the City's future construction of transportation facilities or to reimburse the City
for those described or listed in this Comprehensive Transportation System Improvement
Program constructed by the City with funds advanced by the City from other sources, or
(3048-10/90)
2. Reimburse developers who have been required or permitted to install such listed facilities
which are oversized in an incremental amount equal to the improvement cost for
oversizing. (3048-10/90)
(e) Fee Adiustments/Credits: An owner of any project subject to the fee may apply to the City
Council for: (3048-10/90)
1. A reduction or adjustment of the fee not to exceed 25% based upon improving the local
balance between jobs and housing; (3048-10/90)
2. An adjustment of the fee based upon providing land uses that generate primarily non-peak
hour vehicular trips; (3048-10190)
3. A reduction in the fee in consideration of participation in a Transportation Demand
Management Program, designed to reduce the peak-hour traffic demand of the property.
(3048-10/90)
(f) Fee Refunds: A refund may be made when a building permit expires and no extensions have
been granted for a development for which funds have been collected. (3048-10/90)
17.65.030 - Phased Projects --Where there is a requirement imposed upon a phased project
pursuant to this article for the payment of the fee it shall be payable serially as to each phase of the
project, in conjunction with improvements accomplished and not in one payment for the entire
project. (3048-10/90)
17.65.040 - Exemptions
(a) New development or changes in property use which fall within any of the categories listed
below shall be exempt from the provisions of this article: (3048-10/90)
1. Any residential construction that does not increase the number of permanent housing units
on the parcel where the construction takes place, such as remodeling or rebuilding an
existing house. (3048-10/90)
2. Any industrial or commercial change, development or construction that neither increases
the footprint, nor increases square footage, nor changes the use of the parcel where the
construction takes place, nor increases peak hour trip generation. (3048-10/90)
3. Police, Fire and Public Safety facilities. (3048-10/90)
17.65.050 - Expiration
(a) This ordinance shall expire ten (10) years from the date of passage prior to such date by
Council action. (3048-10/90) Expiration date extended to 11/5/00, (Urg. 3474-6/00)
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HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective June 14, 2000)
Please Remove from Code Please Add to Code
Chapter 5.24 Chapter 5.24
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
s ava-ilable..On, tfie �
http://www.ci.huntington-beach.ca.us
or
hftp://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 5.24.010--5.24.010(b)
Chapter 5.24
MASSAGE ESTABLISHMENTS
(1213-6/66, 1293-3/67, 2007-10/75, 2187-6/77, Urg. 2361-3/79, Urg. 2394-8/79, 3173-10/92, 3267-9/95, 3467-6/00)
Sections:
5.24.010 Definitions
5.24.020 Massage establishment and massage technician--Permit required
5.24.030 Massage establishment--Application for permit--Fees
5.24.040 Massage establishment--Application--Contents
5.24.050 Massage establishment--Applicant to appear
5.24.060 Massage establishment--Application--Investigation
5.24.070 Massage establishment and massage technician --Permit--Refusal--Appeal
5.24.080 Repealed -- Ord 3267-9/95
5.24.090 Massage technician--Additional application and fee
5.24.100 Massage technician permit--Application
5.24.110 Massage technician application--Contents
5.24.120 Repealed -- Ord 2466-2/81
5.24.130 Massage technician--Permit--Issuance
5.24.140 Repealed -- Ord 3267-9/95
5.24.150 Exemptions
5.24.160 Massage establishment--Facilities
5.24.170 Massage establishment operation
5.24.190 Permit renewal
5.24.200 Permits nontransferable
5.24.210 Number of establishments limited
5.24.220 Massage establishment--Change of location or name
5.24.230 Prohibited conduct
5.24.240 Violation--Penalty
5.24.250 Permit suspension and revocation
5.24.260 Appeal procedure
5.24.270 Appeal--Hearing
5.24.280 Repealed -- Ord 2726-10/84
5.24.290 Repealed -- Ord 2726-10/84
5.24.300 Repealed --Ord 2726-10/84
5.24.310 Repealed -- Ord 2726-10/84
5.24.320 Repealed -- Ord 2726-10/84
5.24.330 Repealed -- Ord 2726-10/84
5.24.340 Unlawful operation declared nuisance
5.24.010 Definitions. Unless the particular provision or the context otherwise requires, the
definitions and provisions contained in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter.
(a) "Massage" or"massage therapy" means any method of pressure on, or friction against or
stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of
the human body with the hands or with the aid of any mechanical or electrical apparatus or
appliance, or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic,
oil, powder, cream, ointment, or other similar preparations commonly used in this practice.
(b) "Massage establishment" means any establishment having a fixed place of business where any
individual, firm, association, partnership, corporation, or combination of individuals, engages
in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths,
or health treatments involving massage or baths as fifty percent (50%) or more of the activity
carried on in the establishment. (3467-6/00)
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5.24.01 0(c)-5.24.01 0(i) Huntington Beach Municipal Code
(c) "Recognized school of massage" means any school or institution of learning which teaches the
theory, ethics, practice, profession, or work of massage, which school or institution complies
with the California Education Code section 94310 or 94311, and which requires a resident
course of study before the student shall be furnished with a diploma or certificate of
graduation. Schools offering a correspondence course not requiring actual attendance shall
not be deemed a recognized school. (2395-11/79, 2466-2/81, 3267-5/95)
(d) "Qualified Massage Association" means any association which meets the following criteria:
(3267-5/95)
(1) Has established as a minimum education requirement for membership the completion of at
least five hundred (500) hours of training from a recognized school of massage or has a
written and practical testing of equivalency administered and overseen by its admission
committee or by a national certification program endorsed by the National Commission for
Certifying Agencies (NCCA), which will be considered in lieu of the minimum education
requirement of five hundred (500) hours. (3267-9/95)
(2) Offers and requires participation and completion by members of a minimum number of
hours of specified continuing education as a condition of continuing membership.(3267-9/95)
(3) Is open to members of the general public meeting the requirements for membership on a
national basis. (3267-9/95)
(4) Has minimum educational requirements or equivalents, including at least five hundred
(500) classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation,
massage therapy and practice, ethics of massage practice, first aid and CPR. Equivalency
must be verified by written and practical testing by the Association. (3267-9/95)
(5) The Association has established rules of ethics and has enforcement procedures for the
suspension or revocation of membership for violation of such rules. (3267-9/95)
(6) The Association requires participation and completion by members of a minimum number
of hours of specified continuing education as a condition of continued membership.
(3267-9195)
(e) "Qualifying Exam" means a national certification examination which has been recognized by
objective standards to fairly evaluate professional level, skill, safety and competence as
determined by a qualified massage association. (3267-9/95)
(f) "Massage Technician" means any person who performs massage in exchange for anything of
any value whatsoever, whether or not that person has a valid permit from the City. (3267-9/95,
3467-6/00)
(g) "Owner" means the individual(s) whose name appears on the City of Huntington Beach
business license. (3267-9/95)
(h) "Operator" means the individual who manages the establishment. Evidence of management
includes but is not limited to evidence that the individual has power to direct or hire and
dismiss employees, control hours of operation, create policy or rules or purchase supplies. An
operator may also be an owner. (3267-9/95)
(i) "Customer area" means areas open to customers of the establishment. (3267-9/95)
(j) A crime of"Moral turpitude" shall be defined as a crime which infringes upon the moral
sentiment of the community, as distinguished from statutory mala prohibita(acts prohibited
by a law). (3267-9/95)
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Huntington Beach Municipal Code 5.24.020--5.24.0400)
5.24.020 Massage establishment and Massage Technician--Permit required. It shall be
unlawful for any person, association, partnership, corporation or other entity to engage in,
conduct or carry on, in or upon any premises within the City of Huntington Beach the business of
a massage establishment, or to provide massage in exchange for anything of value, without a
permit issued by the City of Huntington Beach pursuant to the provisions of this chapter for each
and every such massage establishment and such person providing massage services. Education
and training requirements contained in this chapter apply equally to massage technicians and
massage establishment owners. (2395-11/79, 3267-9/95)
5.24.030 Massage establishment--Application for permit--Fees.
(a) Any person, association, corporation, partnership or other entity desiring to obtain a permit to
operate a massage establishment shall make application to the Chief of Police or his
designated representative. Prior to submitting such application, a nonrefundable fee as
established by resolution of the City Council shall be paid to the City of Huntington Beach to
defray, the cost of investigation and report required by this chapter. The City Clerk or the
City Treasurer shall issue a receipt showing that such application fee has been paid. The
receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application
is submitted. (3267-9/95)
(b) The application for permit does not authorize operation of a massage establishment or
performing massage until such permit has been granted. (2395-11/79, 3267-9/95)
5.24.040 Massage establishment--Application--Contents. Each applicant for a massage
establishment permit shall furnish the following information:
(a) The full, true name and any other names used by the applicant.
(b) The present address and telephone number of the applicant.
(c) The previous addresses of applicant, if any, for a period of five (5)years immediately prior to
the date of the application and the dates of residence at each.
(d) Acceptable written proof that the applicant is at least eighteen (18)years of age.
(e) The applicant's height, weight, color of eyes and hair and date and place of birth, unless
applicant is a partnership or corporation, in which case this information shall be supplied for
the person or persons authorized to execute the application. (3267-9/95)
(f) Two photographs of the applicant at least 2" X 2" taken within the last six(6) months.
(g) Business, occupation or employment history of the applicant for the five(5) years immediately
preceding the date of application.
(h) The business license history of the applicant and whether such applicant, in previous
operations in this or any other City, state, or territory under license, has had such license or
permit for a massage establishment or other similar type of business revoked or suspended, the
reason therefor, and the business activity or occupation subsequent to such action of
suspension or revocation.
(i) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates
and places of any such conviction.
(j) If the applicant is: (2395-11/79, 3267-9/95)
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e
5.24.040(j)(I)--5.24.060(b) Huntington Beach Municipal Code
(1) a corporation, the name of the corporation shall be set forth exactly as shown in its articles
of incorporation or charter, together with the place and date of incorporation, and the
names and addresses of each of its current officers and directors, and each stockholder
holding more than five percent (5%) of the stock in the corporation. (2395-11/79, 3267-9/95)
(2) a partnership, the applicant shall set forth the name, residence address and dates of birth of
the partners, including limited partners. If it is a limited partnership, it shall furnish a copy
of its certificate of limited partnership filed with the Secretary of State. If one or more of
the partners is a corporation, the provisions of this subsection pertaining to corporations
shall apply. (2395-11179, 3267-9195)
The applicant corporation or partnership shall designate one of its officers or general partners
to act as its responsible managing officer. Such designated persons shall complete and sign all
application forms required of an individual applicant under this chapter, but only one
application fee shall be charged. (2395-11/79, 3267-9/95)
(k) The name and address of the owner and lessor of the real property upon which the business is
to be conducted, and, if applicable, a copy of the lease or rental agreement. (2395-11/79,
3267-9/95)
(1) Proof of matriculation from a recognized school of massage, as defined herein. If the applicant
is a corporation or partnership, then this proof must be supplied for a member of the
corporation or partnership who will actively participate in the management of the
establishment. (3267-9/95)
(m)Proof of passage of an independently prepared and administered national certification exam
which has been recognized by objective standards to fairly evaluate professional levels of skill,
safety and competence, as determined by a qualified massage association. (3267-9/95)
(n) Such other identification and information as the Police Department may require in order to
discover the truth of the matters hereinbefore specified as required to be set forth in the
application. (2395-11/79, 3267-9/95, 3467-6/00)
(o) The Chief of Police shall require the applicant to furnish fingerprints. (2395-11/79, 3267-9/95,
3467-6/00)
(p) Proof of actual malpractice insurance coverage or the ability to qualify for professional
malpractice insurance. (3267-9/95, 3467-6/00)
5.24.050 Massage establishment--Applicant to appear. The applicant, if an individual, or
designated responsible managing officer, if a partnership or corporation, shall personally appear at
the Police Department of the City of Huntington Beach and produce proof that the application fee
as set by resolution of the City Council has been paid and shall present the application containing
the aforementioned and described information. (2395-11/79, 3267-9/95)
5.24.060 Massage establishment--Application--Investigation, Upon receipt of the completed
application, the Chief of Police shall have sixty (60) days to investigate the application and the
background of the applicant, including, but not limited to, any past criminal convictions as
provided by the Justice Department or other legally authorized agency. Upon completion of the
investigation, the Chief of Police shall grant the permit if he finds: (2395-11/79, 3267-9195)
(a) The required fee has been paid.
(b) The applicant conforms in all respects to the provisions of this chapter. `
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Huntington Beach Municipal Code 5.24.060(c)--5.24.100
(c) The applicant has not knowingly made any false, misleading or fraudulent statements in the
application. (2395-11/79, 3267-9/95)
(d) The applicant has fully cooperated in the investigation of his or her application.
(e) The applicant, if an individual, or any officers, directors, or shareholders of the corporation
holding more than 5% of the stock, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, has not been convicted in a court of
competent jurisdiction of an offense involving conduct which requires registration under
California Penal Code section 290, or of conduct violating Penal Code sections 266, 314, 315,
316, 318, 647(a), and 647(b), or convicted of an attempt to commit any of the
abovementioned offenses or convicted in any state of any offense which if committed or
attempted in this state, or conspiracy to commit any of the above offenses, would have been
punishable as one or more of the abovementioned offenses, or any crime involving dishonesty,
fraud, deceit, or moral turpitude. (2395-11/79, 3267-9/95)
(f) The massage establishment, as proposed by applicant, would comply with all applicable laws,
including but not limited to zoning, fire and safety requirements and standards. (2395-11/79,
3267-9/95)
(g) The applicant is at least eighteen (18)years of age. (2395-11/79, 3267-9/95)
(h) The applicant has not engaged in conduct which would constitute grounds for suspension or
revocation under this chapter. (2395-11/79, 3267-9/95)
(i) The applicant has shown proof of malpractice insurance and has complied with all other city
ordinances pertaining to insurance coverage. (3267-9/95)
If relevant Department of Justice state summary criminal history information is not received
within the sixty-day investigation period, the Chief of Police is authorized to issue a temporary
permit. A final decision granting or denying a permit shall be made after receipt of such summary
criminal history information. If the permit is granted, its effective date shall be the date of
issuance of the temporary permit. If the permit is denied, the temporary permit shall expire upon
notice of denial.
Temporary permits shall be issued for a ninety(90) day period. The Chief of Police may extend
such temporary permit, should the relevant Department of Justice information not yet be available.
(2395-11/79, 2726-10/84, 2777-7/85, 3267-9/95)
5.24.070 Massage establishment and massage technician--Permit--Refusal--Appeal. If the
Chief of Police, following investigation of the applicant, finds that the applicant does not fulfill the
requirements set forth in this chapter, he shall deny the application and notify the applicant by
first-class mail of such denial. Any applicant who is denied a permit by the Chief of Police may
appeal such denial to the City Administrator, pursuant to the provisions of this chapter.
(2395-11/79, 2726-10/84, 3267-9/95)
5.24.090 Massage technician additional application and fee. In the event a massage
technician currently licensed by the City of Huntington Beach seeks employment at a massage
establishment other than the establishment indicated on the original application, an additional
application and fee as set by resolution of the City Council must be submitted. (2395-11/79,
3267-9/95)
5.24.100 Massage technician permit--Application. Any person desiring to obtain a permit to
act as a massage technician shall make application to the Chief of Police or his designated
representative. Prior to submitting application, a nonrefundable fee as established by resolution of
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5.24.100--5.24.130(c)(3) Huntington Beach Municipal Code
the City Council shall be paid to the City of Huntington Beach to defray, the cost of investigation
and report required by this chapter. The City Clerk or the City Treasurer shall issue a receipt
showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied
to the Chief of Police at the time such application is submitted. (2395-11/79, 3267-9/95)
An application for a permit does not authorize acting as a massage technician until a permit has
been granted. (2395-11/79)
5.24.110 Massage technician application--Contents. In addition to all the information
required by section 5.24.040 of this chapter, each application for massage technician permit shall
contain the name, address and phone number at which the applicant will be employed. (2395-11/79,
3267-9/95)
The applicant must furnish a statement from a physician, licensed to practice in the state of
California, that the applicant has been examined within the past thirty(30) days prior to
submitting the application, and has been found free of any communicable disease. (2395-11179,
2777-7/85, 3267-9/95)
5.24.130 Massage technician--Permit--Issuance. The Chief of Police shall have thirty(30)
days to investigate the application and the background of the applicant. Upon completion of the
investigation, the Chief of Police shall grant the permit if, in addition to the finding that the
applicant will work in an establishment which complies with section 5.24.060, the following
requirements have been met: (2395-11/79, 3267-9/95)
(a) The applicant has graduated from a recognized school of massage prior to issuance of the
permit and furnished an acceptable diploma or certificate of graduation.
(b) The applicant has not had a massage establishment permit or massage technician's permit or ,
other similar license or permit denied or revoked for cause by a licensing authority or by any
city, county or state within three (3) years prior to the date of application. (2395-11/79,
3267-9/95)
(c) The applicant has met the following requirements: (3267-9/95)
(1) Completed five-hundred (500) hours of instruction in a massage specialty(therapeutic
approach) at a recognized school of massage; or (3267-9/95)
(2) Completed five-hundred (500) documented hours of practical experience in a massage
specialty at: (3267-9/95)
(i) a primary office of and under the direct supervision of a medical professional licensed
by the State of California, specifically a physician, surgeon, chiropractor, osteopath,
physical therapist or nurse, while such medical professional is performing activities
encompassed by such license and is physically on the premises where the massage
therapy is being administered; and (3267-9/95)
(ii) 500 additional hours of continuing education classes or seminars in the field of
massage therapy offered by a recognized school of massage. (3267-9/95)
(3) All applicants must have passed an independently prepared and administered national
certification exam which has been recognized by objective standards to fairly evaluate
professional levels of skill, safety and competence, as determined by a qualified massage
association. (3267-9/95)
6/00
Huntington Beach Municipal Code 5.24.130(d)--5.24.160(d)
(d) The applicant has not been convicted of any of the offenses listed in Section 5.24.060(e)
within the last five (5) years. (3267-9/95, 3467-6/00)
If relevant Department of Justice state summary criminal history information has not been
received within the thirty (30) day investigation period, the Chief of Police is authorized to issue a
temporary permit. A final decision granting or denying a permit shall be made after receipt of
such summary criminal history information. If the permit is granted, its effective date shall be the
date of issuance of the temporary permit. If the permit is denied, the temporary permit shall
expire upon notice of denial.
Temporary permits shall be issued for a ninety (90) day period. The Chief of Police may extend
such temporary permit if the relevant Department of Justice information has not been received.
(2395-11/79, 2466-2/81, 2777-7/85, 3267-9/95)
5.24.150 Exemptions. The provisions of this chapter shall not apply to the following classes of
individuals or groups while engaged in performing the duties of their respective professions:
Exemptions do not apply to employees unless 1) the conduct of the employee is regulated by state
law pertaining to physicians, surgeons, chiropractors, osteopaths, acupuncturists and physical
therapists, and 2) the employee and employer are performing their duties in accordance with the
state law. (2395-11/79, 3267-9/95)
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists duly
licensed to practice in the state of California. (3467-6/00)
(b) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state
of California, provided that at all times such physicians, surgeons, chiropractors, osteopaths
and physical therapists are acting in adherence with the provisions of the state law which
govern this field. (3467-6/00)
(c) Nurses duly registered by the state of California.
(d) Barbershops and beauty parlors, barbers and beauticians when engaged in the practice for
which they are licensed by the state of California.
(e) Accredited high schools and colleges, and coaches and trainers employed therein while acting
within the scope of their employment.
(f) Trainers of any amateur, semi-professional or professional athlete or athletic team. (2395-11/79)
5.24.160 Massage establishment--Facilities. Every massage establishment shall maintain
facilities meeting the following requirements:
(a) Sian- subject to applicable provisions of the City's codes, a recognizable and legible sign shall
be posted at the main entrance identifying the business as a massage establishment.
(b) Lighting - minimum lighting shall be provided in accordance with Article 220 of the National
Electrical Code, and, in addition, at least one artificial light of not less than forty (40) watts
shall be provided in each room or enclosure where massage services are performed on patrons
and shall be activated at all times while a patron is in such room or enclosure. (3267-9/95)
(c) Ventilation - minimum ventilation shall be provided in accordance with section 1105 of the
Uniform Building Code, Volume I.
(d) Equipment - adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided.
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5.24.160(e)--5.24.170(e) Huntington Beach Municipal Code
(e) Water- hot and cold running water shall be provided at all times.
(f) Linen storage - closed cabinets shall be provided and utilized for storage of clean linens, and
approved receptacles shall be provided for the deposit of soiled linen. (2395-11/79, 3267-9/95)
(g) Separation of sexes - if male and female patrons are to be served simultaneously at the
massage establishment, a separate massage room or rooms and separate dressing, bathing and
toilet facilities shall be provided for male and female patrons. Each separate facility or room
shall be clearly marked as such. (2395-11/79, 3267-9/95)
(h) Bathing, dressing, locker, toilet facilities - adequate bathing, dressing, locker, and toilet
facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room
containing a separate locker for each patron to be served, which locker shall be capable of
being locked, and a minimum of one toilet and one wash basin shall be provided for every
massage establishment.
(i) Massage table pads - pads used on massage tables shall be covered in a professional manner
with durable, washable plastic or other waterproof material acceptable to Orange County
Health Department.
(j) Areas where massage is to be performed shall be separated by swinging doors, curtains,
screens or walls not enclosed by solid doors. (2395-11/79, 3267-9/95)
5.24.170 Massage establishment operation. Every massage establishment shall comply with
the following operating requirements:
(a) (1) Each person employed or acting as a massage technician shall have a valid permit issued
by the City of Huntington Beach. (2395-11/79, 3267-9/95, 3467-6/00) ! ti
(2) It is unlawful for the owner, operator, responsible managing employee,manager or permittee in
charge of or in control of the establishment to employ or permit a person to act as a massage
technician, as defined in this chapter,who does not possess a valid massage technician's permit.
(3467-6/00)
(3) No business except those exempted under section 5.24.150 herein, may employ anyone to
provide massage or allow anyone to provide massage, unless the massage producer
possess a valid permit under this Chapter. (3467-6/00)
(b) Bath and massage operations shall be carried on and the premises shall be open only between
the hours of 7 a.m. and 9 p.m. A massage begun any time before 9 p.m. must nevertheless
terminate at 9 p.m. No person, whether licensed under this Chapter or not, may provide
massage in exchange for anything of value after 9:00 p.m. (2395-11/79, 3267-9/95, 3467-6/00)
(c) A list of services shall be posted in an open, public place on the premises, and shall be
described in readily understood language. No owner, operator, responsible managing
employee, manager, or permittee shall permit, and no massage technician shall offer to
perform any services other than those posted.
(d) The owner/operator of a massage establishment shall display a massage establishment permit
and the permit for each and every massage technician'employed in the establishment in an
open and conspicuous place on the premises, available for examination upon demand by any
police officer of the City. (2395-11/79, 3267-9/95)
(e) Each massage technician shall wear a photo identification card prepared and issued by the City
while administering a massage. The identification card shall be worn on outer clothing with
the photo side facing out. The massage technician shall not use any name other than specified
on the photo identification card while on duty. (3267-9/95)
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Huntington Beach Municipal Code 5.24.170(f)--5.24.170(o)
w (f) Massage technicians and attendants shall be fully clothed at all times. Clothing shall be of a
fully opaque, non-transparent material and provide the complete covering from mid-thigh to
three (3) inches below the collar bone. (3267-9/95)
(g) Dressing rooms and treatment rooms shall be screened off by curtains, draw drapes, or in the
alternative: (1) swing doors mounted at least eighteen (18) inches from the floor and not less
than ten(10) inches from the top of the door frame; or (2) louvered closing doors without
locking mechanisms. No other type of door other than doors meeting the above specification
shall be used to screen off such dressing rooms and treatment rooms. (3267-9/95, 3467-6/00)
(h) Towels and linens shall not be used on more than one (1) patron unless they have first been
laundered and disinfected. Disposable towels and coverings shall not be used on more than
one (1) patron. (2395-11/79, 3267-9/95)
(i) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments,
toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once
each day the premises are open, with a disinfectant approved by the Health Department.
Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other
physical facilities for the establishment must be in good repair and maintained in a clean and
sanitary condition. (2395-11/79, 3267-9/95)
(j) Instruments utilized in performing massage shall not be used on more than one (1) patron
unless they have been sterilized using approved sterilizing methods. (2395-11/79, 3267-9/95)
(k) Where a covering is furnished by the massage establishment, it shall not be used by more than
one (1) patron until it has first been laundered and disinfected. (2395-11/79, 3267-9/95)
(1) The owner or operator of the massage establishment shall keep a complete and current list of
the names and residence addresses of all massage technicians and employees of the massage
establishment and the name and residence addresses of the manager or managing employee
purported to be principally in charge of the operation of the massage establishment. This
roster shall be kept at the premises and be available for inspection by officials charged with
enforcement of this chapter. (3267-9195)
(m)Every massage establishment shall keep a written record of the date and hour of each
treatment administered, the name and address of each patron, the name of the massage
therapist administering treatment, and the type of treatment administered, to be recorded on a
patron release form. Such written record shall be open to inspection by officials charged with
the enforcement of this chapter. Such records shall be kept on the premises of the massage
establishment for a period of two (2) years. (3267-9/95)
(n) The owner/operator of each massage establishment shall file with the City Clerk, documents
issued by an insurance company authorized to do business in the State of California
evidencing that the permittee is insured under a liability insurance policy providing minimum
coverage in an amount set by resolution of the City Council for injury or death to one person
arising out of the operation of any massage establishment and the administration of a massage,
and shall be kept in full force and effect at all times by such owner or operator. Proof of such
insurance shall be kept on the premises at all times. (3267-9/95)
(o) No part of the establishment shall be used for residential or sleeping purposes. No cooking or
food preparation shall be allowed on the premises unless a full service kitchen is installed.
Such a kitchen shall be for the sole use of employees, and shall be installed in an"employees
only" area. The full service kitchen shall have a minimum of a sink with hot and cold running
water, a refrigerator, a stove and sufficient cabinets to store cooking utensils. (3267-9/95)
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5.24.170(p)--5.24.220(b) Huntington Beach Municipal Code
(p) No person shall enter, be, or remain in any part of a massage establishment while in the
possession of, consuming, or using any alcoholic beverage or drug except a prescription drug.
The responsible owner, operator, managing employee, manager or permittee shall not permit
any such person to enter or remain upon such premises. (2395-11/79, 3267-9/95)
(q) Every massage establishment shall be open at all times during hours during which massage is
being provided for inspection by any officer of the City of Huntington Beach. (2395-11179,
3267-9/95, 3467-6/00)
(r) All exterior doors shall remain unlocked from the inside during business hours. All doors
leading to the business or leading to the customer areas are to remain unlocked during
business hours. (2395-11/79, 3267-9/95)
(s) No massage establishment shall simultaneously operate as a school of massage, or share
facilities with a school of massage. (2395-11/79, 2466-2/81, 3267-9/95)
5.24.190 Permit renewal. Permits for massage establishments and massage technicians shall be
renewed on a year-to-year basis provided that the permittees continue to meet the requirements
set out in this chapter. The renewal fee for massage establishments and massage technicians shall
be set by resolution of the City Council. The application for permit renewal shall contain the same
information as required under this chapter for the original application. (2395-11/79, 3267-9/95)
5.24.200 Permits nontransferable. No massage establishment permit may be sold, transferred
or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale,
transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a
voluntary surrender of such permit and such permit shall thereafter be null and void; provided and
excepting, however, that if the permittee is a partnership and one or more of the partners should
die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of
the deceased partner or partners without effecting a surrender or termination of such permit, and
in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the
surviving partners. A massage establishment permit issued to a corporation shall be deemed
terminated and void when either any outstanding stock of the corporation is sold, transferred or
assigned after the issuance of a permit, or any stock authorized but not issued at the time of the
granting of a permit is thereafter issued or sold, transferred or assigned. No massage technician
permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other
person or persons. (2395-11/79, 3267-9195)
5.24.210 Number of establishments limited. No more than ten (10) valid permits for massage
establishments shall be authorized by the City Council to operate in the City of Huntington Beach.
(2395-11/79)
5.24.220 Massage establishment--Change of location or name.
(a) No massage establishment shall move from the location specified on its permit until a change
of location fee in the sum set by resolution of the City Council has been paid to the City of
Huntington Beach, and approval has been obtained from the Chief of Police and the
Department of Community Development. Such approval shall not be given unless all
requirements and regulations, as contained in the City's codes, have been met. (2395-11/79,
3267-9/95)
(b) No permittee shall operate, conduct, manage, engage in, or carry on the business of massage
establishment under any name other than his name and the name of the massage establishment
as specified on his permit.
6/00
Huntington Beach Municipal Code 5.24.220(c)-5.24.250(c)
(c) Any application for an extension or expansion of a building or other place of business where a
massage establishment is located shall require inspection and shall comply with the provisions
and regulations of this chapter and all other city ordinances including zoning ordinances.
(2395-11/79, 3267-9/95)
5.24.230 Prohibited conduct.
(a) A massage technician shall not violate the provisions of sections 647(a) and (b) of the
California Penal Code, or any other state law involving a crime of moral turpitude, and such
practices shall not be allowed or permitted by the massage establishment permittee. (2395-11/79,
3267-9/95)
(b) A massage technician shall be fully clothed at all times and shall not expose their genitals,
pubic area, buttocks, or in the case of female technicians, their breasts, and such practices
shall not be allowed or permitted by the massage establishment permittee. (2395-11/79,
3267-9/95)
(c) A massage technician shall not massage a patron of one sex within the view of a patron of the
opposite sex, and such practices shall not be allowed or permitted by the massage
establishment permittee. (2395-11/79, 3267-9/95)
(d) A massage technician shall not give massages at any location other than on the premises of a
massage establishment with a valid permit, or at business location establishment other than the
one specified on the technician's permit(s). (2395-11/79, 3267-9/95, 3467-6/00)
(e) A massage technician shall not massage, fondle, or otherwise have intentional contact with the
genitals or anus of any patron, or the breasts of a female patron, and such practices shall not
be allowed or permitted by the massage establishment permittee. (2395-11/79, 3267-9/95)
(f) A massage technician shall not give a massage unless the breasts of female patrons are
covered and the genitals of all patrons are covered, and such practices shall not be allowed or
permitted by the massage establishment permittee. (2395-11/79, 3267-9/95)
Proof of knowledge of any violation of this section shall not be required to be shown where a
massage establishment permit is suspended or revoked. (2395-11/79, 2726-10/84)
5.24.240 Violation--Penalty. Any person violating this chapter shall be guilty of a
MISDEMEANOR, punishable by a fine of one-thousand dollars ($1,000) or by imprisonment in
the county jail for a period not to exceed six(6) months, or by both such fine and imprisonment.
(2395-11/79, 2726-10/84, 3173-10/92, 3267-9/95, 3467-6/00)
5.24.250 Permit suspension and revocation. The Chief of Police, or his designee, may suspend
or revoke a permit if a permittee has:
(a) Knowingly made any false, misleading, or fraudulent statements in the applications; or
(2395-11/79, 3267-9/95)
(b) Violated any provision of this chapter or of any statute relating to his or her permitted activity;
or (3467-6/00)
(c) Been convicted of a felony or misdemeanor involving moral turpitude or been convicted of a
felony or misdemeanor while engaged in the practice of giving massage or the operation of a
massage establishment. (2395-11/79, 3267-9/95)
6/00
5.24.250(c)-5.24.340 Huntington Beach Municipal Code
The permittee shall be provided with written notice by first class mail, postage prepaid, of such
suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen(15)
days of the date of mailing of the notice of denial, suspension or revocation. In the event an
appeal is timely filed, the suspension or revocation shall not take effect until final decision has
been rendered by the City Administrator, or his designee, unless permittee has requested a
continuance, as provided elsewhere in this chapter. If no appeal is filed, the suspension or
revocation shall become effective upon expiration of the period for filing appeals. (2395-11/79,
2726-10/84, 2777-7/85)
5.24.260 Appeal procedure.
(a) The City Administrator, or his designee, shall schedule a hearing to be held within fifteen(15)
days after the filing of the notice of appeal.
(b) Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten
(10) days prior thereto to the permittee at the address given in the notice of appeal, or if none
is provided, to the address set forth in the permit application.
(c) The City Administrator, or his designee, in his sole discretion, may grant or deny continuance;
may dissolve stays of pending orders of denial, suspension or revocation or of pending orders
of denial, suspension or revocation; and may appoint outside hearing officers. (2395-11/79,
2726-10/84, 3267-9/95)
(d) The City Administrator, or his designee, shall determine, after consideration of all evidence
presented, whether a permit should be issued, reinstated, suspended or revoked. The decision
of the City Administrator, or his designee, shall be final. (2395-11/79, 2726-10/84, 3267-9/95)
5.24.270 Appeal--Hearing. The following rules of evidence shall apply:
(a) Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have
authority to administer oaths, and to receive and rule on admissibility of evidence.
(b) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to
cross-examine opposing witnesses who have testified under direct examination. The hearing
officer may call and examine any witness.
(c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for
herein. Any relevant evidence may be admitted if it is material and is evidence customarily
relied upon by responsible persons in the conduct of their affairs regardless of the existence of
any common law or statutory rule which might make admission of such evidence improper
over objection in civil actions. Hearsay testimony may be used for the purpose of
supplementing or explaining any evidence given in direct examination, but shall not be
sufficient in itself to support a finding unless such testimony would be admissible over
objection in civil actions. The rules of privilege shall be applicable to the extent that they now,
or are hereafter permitted in civil actions; and irrelevant, collateral, undue, and repetitious
testimony shall be excluded. (2395-11/79, 2726-10/84)
5.24.340 Unlawful operation declared nuisance. Any massage establishment operated,
conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby
declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of
prosecuting a criminal action hereunder, commence an action or actions, proceeding or
proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. The
City Attorney shall take such other steps and shall apply to such court or courts as may have
jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain
and enjoin any person from operating, conducting or maintaining a massage establishment
contrary to the provisions of this chapter. (2395-11/79, 3267-9/95)
6/00
HUNTINGTON BEACH
MUNICIPAL CODE UPDA TES
(Effective June 14, 2000)
Please Remove from Code Please Add to Code
Chapter 10.60 Chapter 10.60
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
.� �, �Mur� eipalCode�isava�lableson��h�e_:In�.e s= etc� �a_=W
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
ti
Huntington Beach Municipal Code 10.60.010-10.60.010(b)
Chapter 10.60
METER ZONES
(496-7/46, 582-3/52, 609-4/54, Urg Ord 1491-4/69, 1490-5/69, 2255-1/78, 3374-11/97, 3393-5/98, 3414-3/99,
3459-6/00)
Sections:
10.60.010 Establishment
10.60.020 Times and coins deposited prescribed
10.60.030 Varied meter times
10.60.040 State highways within zones
10.60.010 Establishment. Pursuant to section 22508 of the California Vehicle Code, parking
meter zones may be established and determined by ordinance of the City Council and parking of
vehicles within any such zone shall be as follows:
(a) Business Zones
The boundaries of the business zones shall be as follows:
(1) Within Main Street right-of-way from Pacific Coast Highway to Palm Avenue, excluding
the west side of Main Street from Acacia to Palm Avenues.
(2) Within Walnut Avenue right-of-way from Third to Fifth Streets.
(3) Within Olive Avenue right-of-way from Third to Fifth Streets. .
(4) On the inland side(north side) of Pacific Coast Highway right-of-way from Third to Sixth
Streets.
(5) Within the city-owned parking lot bordered by Fifth Street to the west and Walnut Avenue
to the north.
(b) Residential Zones
The boundaries of the residential zones shall be as follows:
(1) Within First Street right-of-way from Pacific Coast Highway to Atlanta Avenue. .
(2) Within Second Street right-of-way from Pacific Coast Highway to Orange Avenue.
(3) Within Third Street right-of-way from Walnut to Orange Avenues. '
(4) Within Walnut Avenue right-of-way from First to Third Streets.
(5) Within Olive Avenue right-of-way from First to Third Streets.
(6) Within Fifth Street right-of-way from Pacific Coast Highway to Orange Avenue.
(7) Within 22nd Street right-of-way from Pacific Coast Highway to Walnut Avenue.
(8) Within Walnut Avenue right-of-way from 22nd to Goldenwest Streets.
6/00
F
10.60.01 0(c)-1 0.60.020(b)(2) Huntington Beach Municipal Code
(c) Recreational Zones
The boundaries of the recreational zones shall be as follows:
(1) ZONE A: On the ocean side of Pacific Coast Highway right-of-way from Beach
Boulevard to Goldenwest Street.
(2) ZONE B: On the inland (north) side of Pacific Coast Highway right-of-way from Beach
Boulevard to Third Street and from Sixth to Goldenwest Streets.
(3) ZONE C: On the ocean side of Pacific Coast Highway, the parking lots from Goldenwest
Street to a point which is 6,100 feet north-westerly of said Goldenwest Street.
(4) ZONE D: Within the city-owned parking lot at the southeast corner of Pacific Coast
Highway and Fifth Street.
(5) ZONE E: Within the boundaries of Huntington Central Park between Gothard and
Goldenwest Streets at Huntington Central Library.
(6) ZONE F: Within the parking lots of the public launching ramps on Warner Avenue.
(7) ZONE G: Within Beach Boulevard right-of-way from Pacific Coast Highway to Sunrise
Street, including the Huntington Breakers complex frontage road. (urg. Ord. 1491-4/69,
1490-5/69, 2255-1/78, 3374-11/97)
(8) ZONE H: Within the parking lots on the ocean side of Pacific Coast Highway between
First and Seventh Streets, commonly known as the Pier Plaza Parking Lots. (3393-5/98)
10.60.020 Times and coins deposited prescribed. The parking time allowed following deposit
of such coins as provided in this chapter, the hours during which such deposits are required, and
the directions which shall appear on the parking meters, shall be as follows:
I
(a) Business Zones _
(1) Within the business zone, city parking meters shall be installed to show legal parking for a
maximum of one(1) hour after deposit of six(6) twenty-five cent coins. Meters on Main
Street shall be installed to show legal parking for a maximum of one(1) hour after deposit
of six(6)twenty-five cent coins. (3414-3/99, 3459-6/00)
(2) Twenty-four-minute meters shall be placed within this zone in specific locations to be
determined by the Director of Community Services. Coins shall be placed in such meters
from 6:00 AM to 12:00 AM daily, including Saturdays, Sundays, and holidays.
(b) Residential Zones
(1) Within the residential zone, 120-minute and twelve-hour meters shall be installed to show
legal parking for a period of one(1) hour after deposit of six(6)twenty-five cent coins.
(3414-3/99)
(2) Sixty-minute, 120-minute, and twelve-hour meters shall be placed within this zone in
specific locations to be determined by the Director of Community Services. Coins shall be
placed in such meters from 6:00 AM through 12:00 AM daily, including Saturdays,
Sundays, and holidays. A fee of five dollars ($5) shall be charged for annual visitor
permits to park in residential metered zones(maximum two [2] permits per household).
6/00
Huntington Beach Municipal Code 10.60.020(c)-10.60.040
(c) Recreational Zones
(1) Within Zones A, B, C, F, and G, twelve-hour meters shall be installed to show legal parking
for a period of one (1) hour after deposit of six(6) twenty-five cent coins. (3414-3/99)
(2) Zone D is a thirty-minute parking lot with no parking meters.
(3) Within Zone E, thirty-minute meters shall be installed to show legal parking after deposit
of one (1)twenty-five cent coin.
(4) Within Zone H, a Park and Pay System shall be installed to show legal parking for a
period of one(1) hour after deposit of$1.50. (3393-5/98)
(5) Thirty-minute, sixty-minute, 120-minute, and twelve-hour meters shall be placed within
recreational zones in other specific locations to be determined by the Director of
Community Services. Coins shall be placed in such meters from 6:00 AM through 12:00
AM daily, including Saturdays, Sundays, and holidays. The Director may determine that
certain recreational zone parking lots may require an earlier or later curfew for safety or
other purposes. (496-8146, 582-4152, Urg. Ord. 1491-4/69, 1490-5169, 3374-11/97, 3393-5/98)
10.60.030 Varied meter times. When the City Council designates the parking times allowed
following deposit of such coins as provided in this chapter and more than one parking time is so
designated, the director may place the meters in such locations within the zone as he shall deem
proper and consistent with the intention of the City Council. (Urg. Ord. 1491-4/69, 1490-5/69)
10.60.040 State hi2hways within zones. The provisions of Chapters 10.56, 10.60, 10.64 and
10.68 of the Huntington Beach Municipal Code shall be ineffective as to any portion of a state
highway within the boundary of the parking meter zone as set forth in section 10.60.030 six
months after receipt of notification from the Department of Transportation of the State of
California of its rescinding its approval to the ordinance codified herein. (609-5/54)
6/00
1
f
. 10.60.010-10.60.010(c)Huntington Beach Municipal Code v (0
Chapter 10.60
METER ZONES
(496-7/46,582-3/52,609-4/54, Urg Ord 1491-4/69, 1490-5/69,2255-1/78,3374-11/97,3393-5/98,3414-3/99)
Sections:
10.60.010 Establishment.
10.60.020 Times and coins deposited prescribed
10.60.030 Varied meter times
10.60.040 State highways within zones
10.60.010 Establishment. Pursuant to section 22508 of the California Vehicle Code, parking
meter zones may be established and determined by ordinance of the City Council and parking of
vehicles within any such zone shall be as follows:
(a) Business Zones
The boundaries of the business zones shall be as follows:
(1) Within Main Street right-of-way from Pacific Coast Highway to Palm Avenue, excluding
the west side of Main Street from Acacia to Palm Avenues.
(2) Within Walnut Avenue right-of-way from Third to Fifth Streets.
(3) Within Olive Avenue right-of-way from Third to Fifth Streets.
(4)-On the inland side(north side) of.Pacific Coast Highway right-of-way from Third.to
Sixth Streets.
(5) Within the city-owned parking lot bordered by Fifth Street to the west and Walnut
Avenue to the north.
(b) Residential Zones
The boundaries of the residential zones shall be as follows:
(1) Within First Street right-of-way from Pacific Coast Highway to Atlanta Avenue.
(2) Within Second Street right-of-way from Pacific Coast Highway to Orange Avenue.
(3) Within Third Street right-of-way from Walnut to Orange Avenues.
(4) Within.Walnut Avenue right-of-way from.First to Third Streets.. .
(5) Within Olive Avenue right-of-way from First to Third Streets.
(6) Within Fifth Street right-of-way from Pacific Coast Highway to Orange Avenue.
(7) Within 22nd Street right-of-way from Pacific Coast Highway to Walnut Avenue.
(8) Within Walnut Avenue right-of-way from 22nd to Goldenwest Streets.
(c) Recreational Zones
The boundaries of the recreational zones shall be as follows:
3/99
F
10.60.010(c)(1)--10.60.020(c)(2) Huntington Beach Municipal Code
(1) ZONE A: On the ocean side of Pacific Coast Highway right-of-way from Beach
Boulevard to Goldenwest Street.
(2) ZONE B: On the inland(north) side of Pacific Coast Highway right-of-way from Beach
Boulevard to Third Street and from Sixth to Goldenwest Streets.
(3) ZONE C: On the ocean side of Pacific Coast Highway,the parking lots from Goldenwest .
Street to a point which is 6,100 feet north-westerly of said Goldenwest Street.
(4) ZONE D: Within the city-owned parking lot at the southeast corner of Pacific Coast
Highway and Fifth Street.
(5) ZONE E: Within the boundaries of Huntington Central Park between Gothard and
Goldenwest Streets at Huntington Central Library.
(6) ZONE F: Within the parking lots of the public launching ramps on Warner Avenue.
(7) ZONE G: Within Beach Boulevard right-of-way from Pacific Coast Highway to Sunrise
Street, including the Huntington Breakers complex frontage road. (Urg.Ord. 1491-4/69,
1490-5/69,2255-1/78,3374-11/97)
(8) ZONE H: Within the parking lots on the ocean side of Pacific Coast Highway between
First and Seventh Streets, commonly known as the Pier Plaza Parking Lots. (3393-5/98)
10.60.020 Times and coins deposited prescribed. The parking time allowed following deposit
of such coins as provided in this chapter,the hours during which such deposits are required,and '
the directions which shall appear on the parking meters, shall be follows:
(a) Business ZonesD ��
(1) Within the business zone,city parking eters shall be ins ed to show legal parking for
a maximum of two (2)hours after deposit of one (1)twenty-five cent coin for a period of
ten(10)minutes. (3414-3199)
(2) Twenty-four-minute meters shall be placed within this zone in specific locations to be
determined by the Director of Community Services. Coins shall be placed in such meters
from 6:00 AM to 12:00 AM daily, including Saturdays, Sundays,and holidays.
(b) Residential Zones
(1) Within the residential zone, 120-minute and twelve-hour meters shall be installed to show
legal parking for a period of one (1)hour after deposit of six (6)twenty-five cent coins.
(3414-3/99)
(2) Sixty-minute, 120-minute, and twelve-hour meters shall be placed within this zone in
specific locations to be determined by the Director of Community Services. Coins shall
be placed in such meters from 6:00 AM through 12:00 AM daily,including Saturdays,
Sundays, and holidays. A fee of five dollars ($5)shall be charged for annual visitor
permits to park in residential metered zones (maximum two [2] permits per household).
(c) Recreational Zones
(1) Within Zones A,B, C,F, and G, twelve-hour meters shall be installed to show legal parking
for a period of one (1)hour after deposit of six (6)twenty-five cent coins. (3414-3/99)
(2) Zone D is a thirty-minute parking lot with no parking meters.
3/99
Huntington Beach Municipal Code 10.60.020(c)(3)--10.60.040
(3) Within Zone E, thirty-minute meters shall be installed to show legal parking after'deposit
of one (1)twenty-five cent coin.
(4) Within Zone H, a Park and Pay System shall be installed to show legal parking for a
period of one (1) hour after deposit of$1.50. (3393-5/98)
(5) Thirty-minute,-sixty-minute, 120-minute, and twelve-hour meters shall be placed within
recreational zones in other specific locations to be determined by the Director of
Community Services. Coins shall be placed in such meters from 6:00 AM through 12:00
AM daily, including Saturdays, Sundays, and holidays. The Director may determine that
certain recreational zone parking lots may require an earlier or later curfew for safety or
other purposes. (496-8/46, 582-4/52, Urg.Ord. 1491-4/69, 1490-5/69, 3374-11/97,3393-5/98)
10.60.030 Varied meter times. When the City Council designates the parking times allowed
following deposit of such coins as provided in this chapter and more than one parking time is so
designated, the director may place the meters in such locations within the zone as he shall deem
proper and consistent with the intention of the City Council. (Urg. Ord. 1491-4169, 1490-5/69)
10.60.040 State highways within zones. The provisions of Chapters 10.56, 10.60, 10.64 and
10.68 of the Huntington Beach Municipal Code shall be ineffective as to any portion of a state
highway within the boundary of the parking meter zone as set forth in section 10.60.030 six
months after receipt of notification from the Department of Transportation of the State of
California of its rescinding its approval to the ordinance codified herein. (609-5/54)
5/98
HUNTINGTON BEACH
MUNICIPAL CODE ,UPDATES
(Effective May 17, 2000)
Please Remove from Code Please Add to Code
Chapter 10.84 Chapter 10.84
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
. °'�
,,i
�� . H.; ;��.�?Munici <<al Code. �s a:va�la.ble onz�#heInterrtet ;"y
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 10.84.005-10.84.005(d)
Chapter 10.84 lv,
BICYCLE REGULATIONS
(22-8/09, 322-1/29, 344-10/31, 432-1/40, 554-12/49, 736-12/59, 1784-12/72, 1913-5/74, 1969-4/75, 2059-6/76,
2148-1/77, 2175-3/77, 2270-3/78, 3185-5/93, 3376-11/97, 3458-5/00)
Sections:
10.84.005 Definitions
10.84.010 License and registration required
10.84.015 Licensing--City residents
10.84.020 Registration--Application
10.84.025 (Repealed, Ord 2148-1/77, Ord 2059-6/76)
10.84.030 Identification card issuance
10.84.040 Identification tag
10.84.050 License--Police records kept
10.84.060 Registration and card fees
10.84.070 (Repealed, Ord 2148-1/77, Ord 2059-6/76)
10.84.080 Dealer's records
10.84.090 I. D. card or tag loss
10.84.100 Tampering with bicycle identification
10,84.110 Tampering with I. D. card
10.84.120 Impounding--Parked bicycles
10.84.130 Impounding--Holding time period
10.84.140 Impounding--Registered owner notified
10.84.150 Impounding--Provisions enforcement
10.84.160 Riding on sidewalk
10.84.170 Yielding right-of-way
10.84.180 Riding in group
10.84.190 (Repealed, Ord 2175-4/77)
10.84.200 Bicycles on pier
10.84.210 Bicycle lanes and paths established
10.84.220 Implementing establishment of bicycle lanes and paths
10.84.230 Bicycle lanes--Markings and erection of signs
10.84.240 (Repealed, Ord 2175-4/77)
10.84.250 Direction of travel
10.84.260 Walking bicycles
10.84.270 Vehicular traffic in bicycle lanes or paths
10.84.275 Motorized Scooter(3458-5/00)
10.84.280 Penalty
10.84.005 Definitions. For the purpose of this chapter, the following words and phrases are
defined as follows:
(a) "Bicycle lane" is that portion of a roadway, other than state and county highways, set aside by
striping for the use of bicycle riders and so designated, as provided in this chapter.
(b) "Bicycle path" is a pathway for bicycle riders that has been physically separated from a
roadway.
(c) "Bicycle" is a device upon which any person may ride, propelled exclusively by human power
through a system of belts, chains, or gears, and having either two or three wheels in a tandem
or tricycle arrangement.
(d) "Highway" is a way or place of whatever nature, maintained and open to the use of the public
for purposes of vehicular travel. Highway includes street.
5/00
10.84.005(e)-10.84.060(c) Huntington Beach Municipal Code
(e) "Roadway" is that portion of a highway improved, designed, or ordinarily used for vehicular
travel.
(f) "Chief of Police" shall include his designated representative. (1913-5/74, 1969-4/75, 2059-6/76,
2175-4/77)
(g) "Motorized Scooter" shall have the same definition as that of California Vehicle Code
§407.5(a). (3458-5/00)
10.84.010 License and registration required. No resident of the city shall ride or propel any
bicycle upon any street, alley, park, bicycle path or lane, or other public place in this city which is
not registered and for which the appropriate license fee has not been paid or which does not bear
a license plate or sticker as required by the provisions of this code and the California Vehicle
Code. (432-1/40, 736-12/59, 1784-12/72, 1969-4/75, 2059-6/76, 3376-11/97)
10.84.015 Licensing--City residents. The city and each licensing agency shall license bicycles
for persons residing within this city. All applicants residing outside city limits shall be referred to
their respective city or jurisdiction of residency. (1969-4/75, 2059-6/76)
10.84.020 Registration--Application. Application for registration and license of a bicycle shall
be made by the owner thereof to the Chief of Police upon appropriate forms furnished by the
Police Department. Such application shall contain the name and address of the owner or person
having charge or control of such bicycle, the make and kind of bicycle, the factory frame or serial
number thereof, and any other information or description which is deemed necessary by the Chief
of Police for purposes of identification and for the transfer of ownership of such bicycle. (432-1/40,
1784-12/72, 1969-4/75)
10.84.030 Identification card issuance. Upon payment of the license fee provided by this
chapter, the Chief of Police shall issue to applicant a registration card containing the following
information: the license number assigned to the applicant, the applicant's name and address,
provisions for the transfer of ownership of said bicycle, and a brief description of the bicycle being
registered. Said registration card shall be retained by applicant as proof of ownership, and kept in
a safe place. All license tags issued on or before December 31, 1978 shall expire on
December 31, 1978. All license tags issued on or after January 1, 1979 shall expire on the third
December 31 subsequent to the calendar year in which such license tag is issued. (432-1/40,
1784-12/72, 1969-4/75, 2059-6/76)
10.84.040 Indentification tag. Upon registration of any bicycle and the payment of the license
fee required by this chapter, the Chief of Police shall issue to applicant a license tag bearing the
unique number assigned to that bicycle by the state, which shall remain in effect for the period
designated by the state in accordance with section 39001 of the California Vehicle Code. This tag
shall be affixed to the frame of such bicycle in plain view below the seat thereof. Such license tag
shall remain on such bicycle and shall not be removed therefrom. (432-1/40, 736-12/59, 1784-12/72,
1969-4/75, 2175-4/77)
10.84.050 License--Police records kept. The Chief of Police shall keep a record of the
registration and the date of expiration of each license, to whom issued and the license number
thereof, and such other information as he deems necessary for the identification of bicycles and
the enforcement of the provisions of this chapter. (432-1/40, 1784-12/72, 1969-4/75)
10.84.060 Registration and card fees. The fees required to be paid pursuant to this chapter are:
(a)For new license and registration, the sum of one dollar ($1) per year or portion thereof;
(b) For each transfer of ownership which requires a new registration card, the sum of one dollar ' �•
($1);
(c) For reissue of registration card or license tag lost, stolen; destroyed, mutilated or illegible, the
sum of one dollar ($1). (432-1/40, 736-12/59, 1784-12/72, 1969-4/75, 2059-6/76)
5/00
Huntington Beach Municipal Code 10.84.080--10.84.160
10.84.080 Dealer's records. Every person engaged in the business of buying, trading, or selling
bicycles in this city shall keep at his place of business a record of all bicycles, bought, sold or
rented by him, giving the date of such transaction, the name and address of the person from whom
purchased or traded, or to whom sold or rented, a description of such bicycle by name and make,
the frame or serial number, and the number of the license tag attached thereto. Such record shall
be maintained in a plain, legible handwriting in a bound book, which record shall be available for
inspection by members of the Police Department at all reasonable times. Such person shall make
a written report to the Police Department, giving the name, address and telephone number of all
persons buying, selling or trading bicycles at his place of business, and the bicycle manufacturer,
type, frame number and bicycle tag number, if any. (432-1/40, 1784-12/72, 1969-4/75)
10.84.090 I. D. card or tag loss. In the event any identification card or tag is lost or stolen for
any bicycle registered pursuant to this chapter, and the owner or person having charge or control
of such bicycle furnishes satisfactory proof to the Chief of Police of such loss or theft, upon
payment of the fee provided by section 10.84.060, the Chief of Police shall issue a new
identification card or tag. It shall be the duty of any owner or person having charge or control of
any bicycle registered pursuant to this chapter, to notify the Chief of Police immediately of the
loss or theft of such bicycle. (432-1/40, 736-12/59, 1784-12/72)
10.84.100 Tampering with bicycle identification. It is unlawful for any person to remove,
destroy, mutilate, tamper with or alter the serial number on the frame of any bicycle, or the
identification tag affixed to the frame of any bicycle registered pursuant to the provisions of this
chapter; provided, however, that nothing herein shall prohibit the Chief of Police from placing
numbers or letters on frames of bicycles for purposes of identification. (432-1/40, 1784-12/72)
10.84.110 Tampering with I. D. card. It is unlawful for any person to tamper with, destroy,
mutilate or alter any registration or identification card issued pursuant to the provisions of this
chapter. (1784-12/72)
10.84.120 Impounding--Parked bicycles. No person shall park or leave a bicycle in the area
between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as
to block or impede any road, vehicle route, walkway or path, or so as to block or impede ingress
or egress from any building, stair, pier or bridge. Any bicycle so parked or left may be impounded
by the Community Services Department or by the Police Department, and may be held until the
sum of five dollars ($5) has been collected to defray the cost of impound. (1784-12/72, 1913-5/74)
10.84.130 Impounding--Holding time period. Any bicycle which has been so impounded and
held for three (3) months without redemption by or on behalf of the lawful owner thereof shall, if
saleable, be sold at such time and place and in such manner for the reasonable value thereof, as
provided by sections 2.96.010 through 2.96.070 of this code. (1784-12/72, 1913-5/74)
10.84.140 Impounding--Registered owner notified. When any bicycle so impounded bears the
identification tag required by the provisions of this chapter, the impounding agency shall within
seven(7) days after impound send by regular mail a notification of impound addressed to the
registered owner at the registered address. (1784-12/72, 1913-5/74)
10.84.150 Impounding--Provisions enforcement. The Chief of Police, in addition to having
the right to issue a citation to the bicycle operators if he or she is a resident, shall have the right to
impound and retain possession of any bicycle being operated by a city resident in violation of the
provisions of sections 10.84.010 through 10.84.140 hereof, and may retain possession of such
bicycle until the provisions of such sections are complied with, and all fees provided by section
10.84.060 have been paid. If such bicycle is not claimed within three (3) months, it shall be
deemed to be abandoned. (1784-12/72, 1913-5/74, 1969-4/75, 3376-11/97)
10.84.160 Riding on sidewalk. No person shall ride a bicycle upon a sidewalk within any
business district, or upon the sidewalk adjacent to any public school building, church, recreation
center, playground or over any pedestrian overcrossing, or within any crosswalk. (22-8/09, 322-1/29,
1784-12/72, 1913-5/74, 2270-3/78)
11/97
10.84.170--10.84.280 Huntington Beach Municipal Code
10.84.170 fielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk,
such person shall yield the right-of-way to any pedestrian, and when overtaking and passing a
pedestrian shall give an audible signal. A person riding a bicycle off a sidewalk and onto a
roadway shall yield to all traffic on the roadway. (22-8/09, 1913-5/74, 1784-12/72)
10.84.180 Riding in group. Persons operating bicycles on a bicycle lane or path shall not ride
more than two (2) abreast. (1784-12/72, 1913-5/74)
10.84.200 Bicycles on pier. No person shall ride a bicycle or any similar type vehicle on the
municipal pier. Bicycles or similar type vehicles may be walked or pushed on the pier. (344-10/31,
554-12/49, 1784-12/72, 1913-5/74, 3185-5/93)
10.84.210 Bicycle lanes and paths established. The City Council establishes those bicycle
lanes and paths as designated on the Preliminary Plan; Trails Element to the Master Plan of the
City of Huntington Beach, and as such Preliminary Plan; Trails Element to the Master Plan may
be amended hereafter from time to time. (1784-12/72, 1913-5/74)
10.84.220 Implementing establishment of bicycle lanes and paths. The City Administrator is
authorized, empowered and directed to implement the establishment of the bicycle lanes and
paths, as designated on the Preliminary Plan; Trails Element to the Master Plan of the City of
Huntington Beach, and as such Preliminary Plan; Trails Element to the Master Plan may be
amended hereafter from time to time. (1913-5/74)
10.84.230 Bicycle lanes--Markings and erection of signs. The Traffic Engineer is authorized
to erect or place signs upon any street or adjacent to any street in the city indicating the existence
of a bicycle lane or path, and otherwise regulating the operation and use of vehicles and bicycles
with respect thereto. When such signs are in place, no person shall disobey same.
The bicycle lane shall be designated on such street by a six(6) inch wide reflectorized white line.
(1913-5/74, 2175-4/77)
10.84.250 Direction of travel. No person shall ride or operate a bicycle within a bicycle lane or
path in any direction except that permitted vehicular traffic traveling on the same side of the
roadway; provided that bicycles may proceed either way along a lane or path where arrows
appear on the surface of the lane designating two-way traffic. (1913-5/74)
10.84.260 Walking bicycles. Bicycles may be walked subject to all provisions of law applicable
to pedestrians. (1913-5/74)
10.84.270 Vehicular traffic in bicycle lanes or paths. No person shall park a motor vehicle
across or on a bicycle path or lane except to obtain emergency parking where signs are posted
prohibiting such parking. No person shall drive a motor vehicle across a bicycle lane except after
giving the right-of-way to all bicycles operated within the lane. No motor vehicle, motorized
bicycle, motor-driven cycle, or motorcycle may be operated on a bicycle path or sidewalk.
(1913-5/74, 2059-6/76, 2148-1/77, 2175-4/77)
10.84.275 Motorized Scooter. For the purpose of this chapter, a motorized scooter shall be
subject to each and every section that applies to bicycles. (3458-5/00)
10.84.280 Penalty. It shall be unlawful for any person knowingly to violate or knowingly to
permit any other person to violate any of the provisions contained in sections 10.84.160 through
10.84.270 of this chapter, and any person violating any of the provisions contained in such
sections shall be guilty of an infraction and punished upon a first conviction by a fine not
exceeding fifty dollars ($50) and for a second or any subsequent conviction within a period of one
year, by a fine not exceeding one hundred dollars ($100). (1913-5/74, 2059-6/76)
5/00
HUNTINGTON BEACH
MUNICIPAL CODE ,UPDATES
(Effective May 17, 2000)
Please Remove from Code Please Add to Code
Chapter 8.44 Chapter 8.44
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374 1632
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http://www.ci.huntington-beach.ca.us
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http://www.hbsurfcity.com/clerk
N
Huntington Beach Municipal Code 8.44.010-8.44.020(d)(3)
Chapter 8.44 nA p d
VEHICLES AND MOTORCYCLES
(Urg. Ord. 1587-6/70, 1926-8/74, 3370-11/97, 3457-5/00)
Sections:
8.44,010 Scope and purpose
8.44.020 Definitions
8.44.025 Motorized Scooter
8.44.030 Prohibited areas of operation
8.44.040 Exceptions--Permit obtained
8.44.050 Permit--Contents
8.44.060 Permit--Refusal--Appeal
8.44.070 Permit--Revocation or suspension
8.44.080 Violations--Penalties
8.44.010 Scope and purpose. The City Council finds that the operation of licensed and
unlicensed vehicles, motorcycles and motor-driven cycles on unimproved private property and on
public parkways, sidewalks, parklands, beaches and other public property(except public streets
and highways) in the city creates excessive amounts of irritating dust, fumes, noise, erosion and
fire danger, and constitutes a public nuisance to the residents of Huntington Beach. This chapter
is designed to regulate the operation of registered and unregistered vehicles, motorcycles and
motor-driven cycles by all persons, whether they possess a valid California motor vehicle
operator's license or not, upon unimproved private property and upon all public property except
public streets and highways in the city. (Urg. Ord. 1587-6/70, 1926-8/74)
8.44.020 Definitions. Unless a different meaning is apparent from the context or is specified
elsewhere in the code, the following are to be as defined by the California Vehicle Code:
(a) "Highway" (California Vehicle Code §360). (Urg. Ord. 1587-6/70, 1926-8/74, 3457-5100)
(b) "Motorcycle" (California Vehicle Code §400). (Urg. Ord. 1587-6/70, 1926-8/74, 3457-5/00)
(c) "Motor-driven cycle" (California Vehicle Code §405). (Urg. Ord. 1587-6/70, 1926-8/74, 3370-11/97,
3457-5/00)
(d) "Motorized bicycle" or "moped" is any two-wheeled or three-wheeled device having fully
operative pedals for propulsion by human power, or having no pedals if powered solely by
electrical energy, and an automatic transmission and a motor which produces less than two (2)
gross brake horsepower and is capable of propelling the device at a maximum speed of not
more than 30 miles per hour on level ground (California Vehicle Code §406). (3370-11/97,
3457-5/00)
A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human
power and has an electric motor that meets all of the following requirements: (3457-5/00)
(1) Has a power output of not more than 1,000 watts. (3370-11/97)
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground
level. (3370-11/97)
(3) Is incapable of further increasing the speed of the device when human power is used to
propel the motorized bicycle faster than 20 miles per hour. (3370-11/97)
5/00
K
8.44.020(e)-8.44.040 Huntington Beach Municipal Code
(e) "Motorized scooter." A motorized scooter shall be defined as in §402.5 of the California
Vehicle Code. A motorized scooter is regulated as a bicycle under Chapter 10.84 of this
code. (3370-11/97, 3457-5/00)
(f) "Motorized skateboard." A skateboard to which a motor is attached whether the motor is
running or not. (3370-11/97, 3457-5/00)
(g) "Unimproved private property" under this chapter means any parcel of land or parcels of land
under common ownership which contain no buildings or which are not surfaced with cement,
concrete, asphaltic concrete, or other similar material, or which do not have a hard surface
made up of a mixture of rock, sand or gravel bound together with a chemical or mineral
substance other than natural soil. (Urg. Ord. 1587-6/70, 1926-8/74, 3370-11/97, 3457-5/00)
(h) "Vehicle" means a device by which any person or property may be propelled, moved, or
drawn upon a highway, excepting a device moved by human power or used exclusively upon
stationary rails or tracks. Farm, construction and commercial vehicles are exempted from this
definition. (Urg. Ord. 1587-6/70, 1926-8174, 3370-11/97, 3457-5/00)
8.44.025 Motorized Scooter. No motorized scooter shall be propelled on any sidewalk, or on
any bikeway, bicycle path or trail, unless such path or trail is part of a highway or street shared
with general vehicular traffic, equestrian trail, hiking, recreational trail, or the municipal pier,
except in areas where use is permitted by state law. (3370-11/97, 3457-5/00)
8.44.030 Prohibited areas of operation.
(a) No person shall operate a vehicle, motorcycle or motor-driven cycle other than a publicly-
owned vehicle, motorcycle or motor-driven cycle, upon a public sidewalk, walkway, parkway
or in any public park or recreational area or upon any other publicly-owned property, except
highways, within the city. This shall not be construed to prohibit the operation of a vehicle,
motorcycle or motor-driven cycle having a valid California vehicle registration by any person >
possessing a valid California operator's license upon the public highways in the city.
(b) No person shall operate a vehicle, motorcycle or motor-driven cycle, other than a publicly-
owned vehicle, motorcycle or motor-driven cycle, upon any unimproved private property
within the city, except as set forth in section 8.44.040. (Urg. Ord. 1587-6/70, 1926-8/74)
8.44.040 Exceptions--Permit obtained. Any person desiring to operate a vehicle, motorcycle
or motor-driven cycle, and any owner of private property desiring to allow a person or persons to
operate a vehicle, motorcycle or motor-driven cycle on his private property may do so upon first
obtaining a permit from the Chief of Police of the city. Permits shall be issued upon his
determination that:
(a) The owner or owners of said real property concerned, or the person or persons in lawful
possession thereof, have consented in writing to the proposed operation;
(b) The City Fire Chief has certified that such proposed operation will not create any undue fire
hazard by reason of the nature of the vehicle and its proposed operation or by reason of the
nature of the property concerned; and
5/00
Huntington Beach Municipal Code 8.44.040(c)--8.44.070(c)
(c) Such operation is of sufficient distance from occupied residences, churches, assembly halls or
schools, as not likely to constitute a noise, dust or fumes nuisance.
Any owner of property meeting the requirements of this section, or his agent, may in writing
authorize the Chief of Police to issue permits for the operation of vehicles, motorcycles or
motor-driven cycles on his property. Such authorization is to be in the form prescribed by the
Chief of Police and must describe the real property and may limit the authority to the persons
set forth in said authorization. Any change of interest in ownership in the real property shall
be deemed an automatic revocation of such authorization. All persons holding a title interest
in and to a parcel of real property must join in said authorization. (urg. Ord. 1587-6/70, 1926-8/74)
8.44.050 Permit--Contents. The permit shall contain:
(a) Name, birth date and physical description of the permittee;
(b) A statement that permittee shall not operate or cause to be operated a vehicle, motorcycle or
motor-driven cycle on any real property except the real property set forth in the permit by
description;
(c) A statement of the hours that the permit authorizes operation of the vehicle, motorcycle or
motor-driven cycle;
(d) A statement that said permit shall be carried by permittee at all times that he is operating a
vehicle, motorcycle or motor-driven cycle on public or private property as defined in this
chapter and that the permit shall be exhibited to any Police Officer upon demand;
(e) The date of expiration of the permit in no event to exceed one (1) year, unless sooner revoked
orsuspended;
(f) A statement that the permit is not an expression by the city that the proposed operation can be
done with safety to the permittee or other persons or property, all of which risks are assumed
by permittee or property owner. (urg. Ord. 1587-6/70, 1926-8/74)
8.44.060 Permit--Refusal--Appeal. Any applicant refused a permit may appeal such refusal to
the City Council by filing an appeal in writing, setting forth the grounds. (urg. Ord. 1587-6/70)
8.44.070 Permit--Revocation or suspension. Any permit issued hereunder is subject to
suspension or revocation by the City Council, after notice to the permittee and public hearing, on
any of the following grounds;
(a) The owner or agent of the real property has withdrawn his consent.
(b) Conditions concerning the real property covered by the permit have changed so that
conditions exist which would be grounds for refusal to issue the permit.
(c) Permittee has violated any of the terms or conditions of the permit or any law while on private
or public property pursuant to the permit issued herein. (urg. Ord. 1587-6/70)
11/97
Huntington Beach Municipal Code 8.44.080--8.44.080
8.44.080 Violations--Penalties. Any person violating any of the provisions of this chapter shall
be deemed guilty of a 1`AISDEMEANOR and upon conviction thereof shall be subject to a fine of
not less than twenty-five dollars ($25) but not exceeding one hundred dollars ($100), or
imprisonment for a period not to exceed thirty(30) days, or by both said fine and imprisonment.
(Urg. Ord. 1587-6/70)
11/97
7
6
HUNTINGTON BEACH
MUNICIPAL CODE,UPDATES
(Effective March 8, 2000)
Please Remove from Code Please Add to Code
Chapter 2.07 Chapter 2.07
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
;� .;�����Munrci ;al=Cocle��sa�uallabie�on tlaep {n�terrlet���� ;°tw,
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http://www.ci.huntington-beach.ca.us
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Is
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Huntington Beach Municipal Code 2.07.010--2.07.040(a)
CHAPTER 2.07
CAMPAIGN REFORM
(2507-11/81, 2721-10/84, 2818-3/86, 3220-1/94, 3452-3/00)
Sections:
2.07.010 Name
2.07.020 Purpose
2.07.030 Relation to Political Reform Act of 1974
2.07.040 Definitions
2.07.050 Campaign contribution limitations
2.07.060 Aggregation of contributions
2.07.070 Election cycle
2.07.080 Prohibition on multiple campaign committees
2,07.090 Prohibition on transfers
2.07.100 Loans to city candidates and elective city officers and their controlled committee
2.07.110 Money received by officials treated as contributions
2.07.120 Solicitation of contributions from persons who have city business dealings
2.07.130 Transmittal of campaign contributions in city office buildings
2.07.140 Disclosure of occupation and employer
2.07.150 Reporting of cumulative contributions
2.07.160 Reporting of late contributions
2.07.170 Criminal misdemeanor actions
2.07.180 Civil actions
2.07.190 Injunctive relief
2.07.200 Cost of litigation
2.07.210 Statute of limitations
2.07.220 Applicability of other laws
2.07.230 Severability
2.07.240 Interpretation of chapter
2.07.250 Amendments and additional requirements
2.07.260 Effective date
2.07.010 Name. This Chapter shall be known and may be cited as the "City of Huntington
Beach Campaign Reform Law." (3220-1/94)
2.07.020 Purpose. The purpose of this Chapter is to ensure that the financial strength of certain
individuals or organizations does not permit them to exercise a disproportionate or controlling
influence on the election of City candidates. To achieve such purpose, this Chapter is designed to
reduce the influence of large contributions, to ensure that multiple contributions in excess of the
contribution limits do not originate from the same source of funds, to ensure that individuals and
interest groups continue to have a fair and equal opportunity to participate in electing City
candidates, and to maintain public trust in governmental institutions and the electoral process.
(3220-1/94)
2.07.030 Relation to Political Reform Act of 1974. This Chapter is intended to supplement the
Political Reform Act of 1974. Unless the term is specifically defined in this Chapter, or the
contrary is stated or clearly appears from the context, words and phrases shall have the same
meaning as when they are used in Title 9 of the California Government Code, in which the
Political Reform Act of 1974 is codified, as the same may be, from time to time amended.
(3220-1/94)
46 2.07'040 Definitions. (3220-1/94)
(a) City Candidate means any person who is a candidate for the city Council, City Clerk,
City Treasurer, or City Attorney of the City of Huntington Beach. (3220-1/94)
1/94
U
2.07.040(b)--2.07.060(b) Huntington Beach Municipal Code l
(b) "Elective City Officer" means any person who is Mayor, a member of the City Council, City
Clerk, City Treasurer, or City Attorney of the City of Huntington Beach, whether appointed
or elected. (3220-1/94)
(c) "Non-elected City Official" means any person who is a member of a City of Huntington Beach
board, committee, or commission, and who is not elected to that position. (3220-1/94)
(d) "Person" means an individual, proprietorship, firm, partnership,joint venture, syndicate,
business trust, company, corporation, association, committee, and any other organization or
group of persons acting in concert. (3220-1/94)
2.07.050 Campaign contribution limitations. (3220-1/94)
(a) No person shall make to any City candidate or the controlled committee of any such City
candidate, and no such candidate or committee shall accept from any such person, a contribution
or contributions totaling more than: (3220-1/94)
(1) Three hundred dollars ($300.00) in a City Council, City Clerk, City Treasurer, or
City Attorney election cycle; or (3220-1/94)
(2) Two hundred dollars ($200.00) in a recall election cycle. (3220-1/94)
(b) Any person or committee, during the twelve (12) months preceding a City election, that
makes independent expenditures or incurs obligations supporting or opposing city
candidate(s) shall not accept any contribution(s) from any person in excess of the amounts set
forth in Section 2.07.050(a) during the applicable time periods as set forth in Section 2.07.070
of this Chapter. This subsection does not prohibit individuals from making joint independent
expenditures for purchasing advertisements and engaging in similar expressive activity,
provided they pay the vendor directly and separately. (3220-1/94, 3452-3/00)
(c) The provision of this section shall not apply to a candidate's contribution of his or her personal
funds to his or her own campaign committee. (3220-1/94)
2.07.060 Aggregation of contributions. For purposes of the limitations in this Chapter, the
following shall apply: (3220-1/94)
(a) All contributions made by a sponsored committee to a City candidate or to an elective City
officer (or to a committee controlled by such candidate or officer) shall be combined with
those contributions made by the sponsor(s) of the committee and the combined amount shall
not exceed the contribution limits specified in Section 2.07.050 within the applicable time
periods set forth in Section 2.07.070 of this Chapter. (3220-1/94)
(b) Two (2) or more entities shall be treated as one person when any of the following
circumstances apply: (3220-1/94)
(1) The entities share the majority of members of their boards of directors. (3220-1/94)
(2) The entities share two (2) or more officers. (3220-1/94)
(3) The entities are owned or controlled by the same majority shareholder or shareholders.
(3220-1/94)
(4) The entities are in a parent-subsidiary relationship. (3220-1/94)
(c) An individual and any general or limited partnership in which the individual has a ten (10%)
percent or more share, or an individual and any corporation in which the individual owns a
controlling interest (fifty (50%) percent or more,) shall be treated as one person. (3220-1/94)
3/00
s
4
O
Huntington Beach Municipal Code 2.07.060(d)--2.07.070(b)(Example 3)
(d) No committee which supports or opposes a City candidate shall have as a majority of its
officers individuals who serve as the majority of officers on any other committee which
supports or opposes the same City candidate. No such committee shall act in concert with or
solicit or make contributions on behalf of any other committee. This subdivision shall not
apply to treasurers of committees if these treasurers do not participate in or control in any way
a decision on whether the candidate or candidates receive contributions. (3220-1/94)
(e) Contributions by children under eighteen (18) years of age shall be treated as contributions by
their parents. (3220-1/94)
2.07.070 Election cycle. (3220-1/94)
(a) City Council, City Clerk, City Treasurer, and City Attorney Elections. For purposes of
the limits of this Chapter, as applied to elections for City Council, City Clerk, City Treasurer,
and City Attorney, the final date for contributions shall be December 31 of the year in which
the election for the open position was held. Contributions made after the final date shall.be
deemed contributions for the next election cycle. (3220-1/94)
(b) Examples of the Election Cycle. January 1, 1987, to December 31, 1990, was the "Election
Cycle" for the 1990 election. Pursuant to Section 2.07.070 Election Cycle, the four (4) year
period for purposes of applying the interpretation of the Campaign Ordinance Election Cycle
2.07.070(a) shall be as follows: (3220-1/94)
Example 1. (3220-1/94)
1992 Election Cycle - Three Council Seats and City Clerk and City Treasurer: January 1,
1989 - December 31, 1992.
1 The "last election" was November 1988.
(2) December 31, 1988, was the last or final date for receipt of campaign contributions for the
1988 election.
(3) January 1, 1989, began the election cycle for the 1992 election.
(4) December 31, 1992, ended the election cycle for the 1992 election.
Example 2. (3220-1/94)
1994 Election Cycle - Four (4) Council Seats and City Attorney: January 1, 1991 - December
31, 1994.
(1) The "last election" was November 1990.
(2) December 31, 1990, was the last or final date for receipt of campaign contributions for the
1990 election.
(3) January 1, 1991, began the election cycle for the 1994 election.
(4) December 31, 1994, ends the election cycle for the 1994 election.
Example 3. (3220-1/94)
1996 Election Cycle - Three (3) Council Seats and City Clerk and City Treasurer: January 1,
1993 -December 31, 1996.
(1) The "last election" was November 1992.
(2) December 31, 1992, was the last or final date for receipt of campaign contributions for the
1992 election.
(3) January 1, 1993, began the election cycle for the 1996 election.
(4) December 31, 1996, ends the election cycle for the 1996 election.
1/94
2.07.070(c)--2.07.100(b) Huntington Beach Municipal Code
(c) Recalls. For purposes of the limits of this Chapter, campaign contributions made at any time
after a committee has been formed, pursuant to the provisions of the Political Reform Act, in
support of a recall election or after the City Clerk has approved a recall petition for circulation
and gathering of signatures, whichever occurs first, shall be considered contributions during a
recall election cycle. A recall election cycle shall end whenever any of the following occur:
(3220-1/94)
(1) The recall proponents fail to return signed petitions to the City Clerk within the time limits
set forth in the California Elections Code. (3220-1/94)
(2) All committees formed in support of the recall have been terminated pursuant to the
provisions of the Political Reform Act. (3220-1/94)
(3) Ten (10) days after a recall election has been held. (3220-1/94)
This section shall be interpreted to allow the maximum amount which can be contributed by any
person to any candidate or anyone who has been a candidate, during a four(4) year period, to be
the maximum amount specified in Section 2.07.050. (3220-1/94)
2.07.080 Prohibition on multiple campaign committees. A City candidate or an elective City
officer shall have no more than one campaign committee which shall have only one bank account
out of which all qualified campaign and office holder expenses related to that City office shall be
made. This section does not prevent a City candidate or an elective City officer from establishing
another campaign committee solely for the purpose of running for a state, federal, local, or other
City office. This section also does not prevent an elective City officer from establishing another
campaign committee solely for the purpose of opposing his or her own recall. (3220-1/94)
2.07.090 Prohibition on transfers. (3220-1/94)
(a) No funds may be transferred into any city candidate or elective city officer's campaign
committee from any other campaign committee controlled by a candidate (including said City
candidate) or by an elective City officer (including said elective City officer.) (3220-1/94)
(b) No City candidate and no committee controlled by a City candidate or elective City officer
shall make any contribution to any other City candidate running for office or to any committee
supporting or opposing a City candidate for elective City office, nor to any committee
supporting or opposing a recall of an elective City officer. This section shall not prohibit a
City candidate from making a contribution from his or her own personal funds to his or her
own candidacy or to the candidacy of any other candidate for elective City office. (3220-1/94)
The provision of this section shall not apply to the candidate or elected officer who forms a new
committee for purposes of reelection to the same office and, to close out the prior committee,,
transfers the money or debt from the prior committee to the new committee and, in so doing,
complies with all regulations of the political Reform Act of 1974, and as amended. (3220-1/94)
2.07.100 Loans to city candidates and elective city officers and their controlled committee_.
(3220-1/94)
(a) A loan shall be considered a contribution from the maker and the guarantor of the loan and
shall be subject to the contribution limitations of this Chapter. (3220-1/94)
(b) Every loan to a City candidate or elective City officer or their controlled committees shall be
by written agreement which shall be filed with the candidate's or committee's Campaign
Statement on which the loan is first reported. (3220-1/94)
1/94
1
w
Huntington Beach Municipal Code 2.07.100(c)--2.07.130(b)(2)
(c) The proceeds of a loan made to a City candidate or elective City officer by a commercial
lending institution in the regular course of business on the same terms available to members of
the public shall not be subject to the contribution limitations of this Chapter if the loan is made
directly to the City Candidate or elective City officer or his or her controlled committee. The
guarantors of such a loan shall remain subject to the contribution limits of this
Chapter. (3220-1/94)
(d) Extensions of credit (other than loans pursuant to Section 2.07.100(c) for a period of more
than thirty (30) days are subject to the contribution limitations of this Chapter. (3220-1/94)
(e) This section shall apply only to loans and extensions of credit used or intended for use for
campaign purposes or which are otherwise connected with the holding of public office.
(3220-1/94)
(f) The monetary limitations or provisions of this section shall not apply to a candidate's loan of
his or her personal funds to his or her own campaign committee. (3220-1/94)
(g) No City candidate and no committee controlled by a City candidate or elective City officer
shall make any contribution to any other City candidate running for office or to any committee
supporting or opposing a City candidate for elective City office, nor to any committee
supporting or opposing a recall of an elective City officer. This section shall not prohibit a
City candidate from making a contribution from his or her own personal funds to his or her
own candidacy or to the candidacy of any other candidate for elective City office. (3220-1/94)
2.07.110 Money received by officials treated as contributions. Any funds, property, goods or
services, other than government funds, received by elective City officers which are used, or
intended by the donor or by the recipient to be used, for expenses (including legal expenses)
related to holding public office, shall be considered campaign contributions and shall be subject to
the limitations of this Chapter. Reimbursement for reasonable travel expenses related to holding
public office shall be excluded from the provisions of this section. (3220-1/94)
2.07.120 Solicitation of contributions from persons who have city business dealings. No
non-elected City official or City employee shall solicit, direct or receive a campaign contribution
from any person, or his or her agent, who has a proceeding involving legislative or administrative
action pending before the City official or employee or has had such a matter pending during the
preceding twelve (12) months. This section does not apply to a non-elected City official or City
employee who is a City candidate acting in furtherance of his or her own controlled committee.
(3220-1194)
2.07.130 Transmittal of campaign contributions in city office buildings. (3220-1/94)
(a) No person shall receive or personally deliver or attempt to deliver a contribution in any office
which the City owns or for which the City pays the majority of the rent.
(3220-1/94)
(b) For purposes of this section: (3220-1/94)
(1) "Personally deliver" means delivery of a contribution in person or causing a contribution to
be delivered in person by an agent or intermediary, other than the United States mail.
(3220-1/94)
(2) "Receive" includes the precept of a campaign contribution delivered in person. (3220-1/94)
1/94
u
a
2.07.140--2.07.180(c) Huntington Beach Municipal Code
2.07.140 Disclosure of occupation and employer. No campaign contribution shall be deposited
into a campaign bank account of a City candidate or elective City officer unless the disclosure
information required by the Political Reform Act, including the name, address, occupation and
employer of the contributor, or, if self employed, name of business, is on file in the records of the
recipient of the contribution. This information is to be reported on each Campaign Statement
required to be filed by the Political Reform Act. (3220-1/94)
2.07.150 Reporting of cumulative contributions. A cumulative contribution for each
contributor shall be based on an election cycle and shall be reported on each Campaign Statement
required to be filed by the Political Reform Act. (3220-1/94)
2.07.160 Reporting of late contributions. Notwithstanding the limit contained in California
Government Code Section 320, late expenditures or contributions in excess of two-hundred
dollars ($200.00) shall be reported to the City Clerk within twenty-four(24) hours of the
contribution or expenditure. (3220-1/94)
2.07.170 Criminal misdemeanor actions. (3220-1/94)
(a) Any person who willfully violates any provision of this Chapter is guilty of a misdemeanor.
Any person who willfully causes or solicits any other person to violate any provision of this
Chapter, or who aids and abets any other person in the violation of any provision of this
Chapter, shall be liable under the provisions of this section. (3220-1/94)
(b) No person convicted of a misdemeanor under this Chapter shall be a candidate for an elective
City office or act as a City contractor for a period of four (4) years following the date of the
conviction unless the court at the time of sentencing specifically determines that this provision
shall not be applicable. A plea of nolo contendere shall be deemed a conviction for purposes
of this section. (3220-1/94)
2.07.180 Civil actions. (3220-1/94)
(a) Any person who intentionally or negligently violates any provision of this Chapter shall be
liable in a civil action brought by the City Attorney or by a person residing within the
jurisdiction for an amount not more than three (3) times the amount the person failed to report
properly or unlawfully contributed, expended, gave or received, or $5,000 per violation,
whichever is greater. (3220-1/94)
(b) If two (2) or more persons are responsible for any violation, they shall be jointly and severally
liable. (3220-1/94)
(c) Any person, other than the City Attorney, before filing a civil action pursuant to this
subdivision, shall first file with the City Attorney a written request for the City Attorney to
commence the action. The request shall contain a statement of the grounds for believing a
cause of action exists. The City Attorney, within thirty (30) days of receipt of the request,
shall conduct an initial inquiry into the merits of the complaint. If the City Attorney
determines in good faith that additional time is needed to examine the matter further, the
complaining party shall be notified and the City Attorney shall automatically receive an
additional sixty (60) days in order to determine the merits of the complaint. At the end of
sixty (60) days, the City Attorney shall inform the complaining party whether the City
Attorney intends to file a civil action or is conducting a criminal investigation. If the City
Attorney indicates in the affirmative and files a civil action or criminal charges within thirty
(30) days thereafter, no other action may be brought unless the action brought by the City
Attorney is dismissed without prejudice. (3220-1/94)
1/94
z
Huntington Beach Municipal Code 2.07.180(d)--2.07.260
(d) In determining the amount of liability, the court may take into account the seriousness of the
violation and the degree of culpability of the defendant. If a judgment is entered against the
defendant or defendants in an action, the plaintiff shall receive fifty percent (50%) of the
amount recovered. The remaining fifty percent (50%) shall be deposited into the City's
General Fund. In an action brought by the City Attorney, the entire amount shall be paid to
the General Fund. (3220-1/94)
(e) The term "City Attorney" as used in this section and Section 2.07.190 shall mean and refer to
the City Attorney of the City of Huntington Beach or such other legal counsel as appointed by
the City Attorney or City Council. (3220-1/94)
2.07.190 Injunctive relief. Any person residing in the jurisdiction, including the City Attorney,
or such other legal counsel for the City as appointed by the City Attorney or City Council, may
sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this
Chapter. (3220-1/94)
2.07.200 Cost of litigation. The court may award to plaintiff, other than a public agency, who
prevails in any action authorized by this Chapter, his or her costs of litigation. (3220-1/94)
2.07.210 Statute of limitations. Civil actions and/or criminal prosecutions for violations of any
provision of this Chapter shall be commenced within four (4) years after the date on which the
violation occurred. (3220-1/94)
2.07.220 Applicability of other laws. Nothing in this Chapter shall exempt any person from
applicable provisions of any other laws of this state or jurisdiction. (3220-1/94)
2.07.230 Severability. If any provisions of this Chapter, or the application of any such provision
to any person or circumstances, shall be held invalid, the remainder of this Chapter, to the extent
it can be given effect, or the application of such provision to persons or circumstances other than.
those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions
of this Chapter are severable. (3220-1/94)
2.07.240 Interpretation of chapter. This Chapter should be liberally construed to accomplish
its purposes. (3220-1/94)
2.07.250 Amendments and additional requirements. The City Council shall review the
contribution limitations contained in this Chapter in January of every fourth (4th) year
commencing in 1998 and determine whether such limitations shall be increased, decreased, or
remain the same. In the event the City Council determines that such limitations should be
amended, it shall do so by holding a public hearing and adopting an ordinance reflecting such
amendments. (3220-1/94)
2.07.260 Effective date. The provision of this Chapter shall become effective upon adoption,
pursuant to Huntington each City Charter Section 500(e)(1). (3220-1/94)
s
1/94
i
`5
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective February 2, 2000)
Please Remove from Code Please Add to Code
Chapter 5.44 Chapter 5.44
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
�.��Munic��alCode is�a�a�:able son the�Internet��c�F°�sc:t
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 5.44.010-5.44.015(a)
Chapter 5.44
RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES
(1265-12/66,144410/68,1454-12/68,3213-11/93,Urg.3247-8/94,Urg.3341-10/96,3449-2/2000)
Sections:
5.44.010 Entertainment permit required
5.44.015 Entertainment restrictions
5.44.018 Beverage License--Minors on Premises
5.44.020 Definitions
5.44.025 Repealed -- Ordinance 3213-11/93
5.44.030 Entertainment permit--Application
5.44.040 Permit--Application fee
5.44.050 Permit--Granting
5.44.060 Permit--Period valid
5.44.065 Permit--Notice to Applicant of Action Taken
5.44.07-0 Permit--Appeal of decision —
5.44.080 Exclusions
5.44.090 Revocation and/or Suspension of permit
5.44.095 Revocation of Permit--Notice to Applicant of Action Taken
5.44.097 Revocation/Suspension--Appeal of Decision
5.44.100 Revocation of permit--Reapplication
5.44.010 Entertainment permit required.
(*A) No person shall provide or permit any type of entertainment in a coffee shop, restaurant,
nightclub, or place where food or other refreshmerrts are served and which is open to the
public unless such person shall first obtain a permit to do so from the Chief of Police as
hereinafter provided. (1265-12/66,1454-12/68,2541-3/82,3213-11/93)
(b) Every establishment in the City of Huntington Beach is subject to the requirements of this
chapter, if entertainment or dancing is conducted or proposed to be conducted in such
establishment. (3213-11/93)
(c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is
granted, in compliance with the provisions of this chapter, and unless said establishment is-in
complete compliance with every other applicable law which may otherwise apply to the
operation of the establishment. (3213-11/93)
(d) The Issuance of a Sex Oriented Business Permit pursuant to Chapter 5.70 of this Code is
applicable satisfies the entertainment requirement of this Chapter. A separate entertainment
permit is not required. (Urg.3341-10/96)
5.44.015 Entertainment restrictions. The permittee shall: (2/2000)
(a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the
business in any direction; and (2/2000)
2/2000
5.44.015(b)—5.44.020(3) Huntington Beach Municipal Code
(b) restrict the entertainment provided to that entertainment which is specified in the
entertainment permit; and (2/2000)
(c) follow all other conditions as set forth in the entertainment permit and in the license as issued
by the State of California Alcohol Beverage Control; and(2/2000)
(d) ensure that all areas of the business that are accessible to patrons shall be illuminated to make
easily discernible the appearance and conduct of all persons in the business; and(2/2000)
(e) post the permit conspicuously in business premises. (3213-11/93,3449-2/2000)
5.44.018 Beverage License-- Minors on premises. No person conducting, maintaining or carrying on
a business, or having charge or control thereof, which has entertainment on its premises shall permit to be
admitted on such business premises any minor under the age of twenty-one years, if any alcoholic
beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under
the care at all times of his parent or parents or legal guardian. (3449-2/2om)
5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless
specifically adopted by another section of the Huntington Beach Municipal Code for use therein.
(1265-12/66,2541-3/82,3213-11/93)
(a) Establishment(s). Except as otherwise provided, and for purposes of this Chapter, an
"establishment" means any location within the limits of the City of Huntington Beach to which
the public may be invited where alcoholic beverages are served. (3213-11/93)
(b) Entertainment. As used in this Chapter, "entertainment" means a single event, a series of
events, or an ongoing activity or business, occurring alone or as part of another business, to
which the public is invited to watch, listen, or participate, or is conducted for the purposes of
holding the attention of, gaining the attention of, or diverting or amusing guests or patrons,
including, but not limited to: (3213-11/93)
(1) (a) Any amusement or event such as live music or other performance which is knowingly
permitted by any establishment subject to this chapter, including presentations by
single or multiple performers, such as hypnotists, pantomimes, comedians, song or
dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival
or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and
any other such activity which may be attended by members of the public. (3213-11193)
(b) Live or recorded music where public dancing is permitted. (3213-11/93)
(2) Any event controlled, conducted, sponsored, encouraged, or knowingly permitted, by an
establishment subject to this chapter, which involves any of the activities described in the
foregoing paragraphs which is presented by members of the public, whether or not the
participants in said activities are compensated by the establishment. (3213-11/93)
(3) Establishments which provide juke boxes, televisions, video games,video programs, or
2/2000
Huntington Beach Municipal Code 5.44.020(3)—5.44.030(b)(2)
recorded music and no other entertainment, as herein defined, are not required to comply
with the provisions of this chapter, unless the recorded music is played on equipment
which is operated by an agent or contractor of the establishment for a period exceeding
ten (10) minutes per hour.
The intent of this section is to require a permit of establishments which provide that which
is commonly known as a "DJ" and to exempt establishments which provide incidental or
ambient music. (3213-11/93)
(c) Dancin . "Dance and Dancing" is defined as movement of the human body, accompanied by
music or rhythm, except however, "dance and dancing", as used in this chapter, means
dancing by patrons only; any other form of dance is deemed "entertainment", as defined
herein. (3213-11/93)
(d) Patrons . "Patron(s)" is defined as a member or members of the public who enter any
establishment subject to this chapter, except as hereinafter provided. (3213-11/93)
"Patron(s)" do not include: (3213-11/93)
(1) any agent, owner, employee or contractor of an establishment subject to this chapter.
Any person who indirectly or directly receives anything of value in exchange for his or
her services rendered on behalf of such establishment shall be considered an
"employee" hereunder; (3213-11/93)
(2) any agent or reitresentativg of any governmental entity of any description whatsoever,
including ad hoc boards, task forces, and commissions, provided that such agent or
representative enters an establishnt&t, acting in his or her official capacity on behalf of
said governmental entity; (3213-11/93)
(3) persons who conduct entertainment at the subject establishment. (3213-11/93)
5.44.030 Entertainment permit--Application. (3213-11193)
(a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is
required for the use of any establishment which proposes to provide, or which does provide,
entertainment or dancing, the provisions of this chapter shall be satisfied before application is
made to the City for any such use permit or entitlement. The body before whom such
entitlement application is heard shall not impose any condition inconsistent with the conditions
imposed on a permit issued pursuant to this chapter. (3213-11/93)
(b) Applicants for entertainment permits shall file a written, signed and acknowledged application
with the Business License Department showing: (3213-11/93)
(1) The true, full name and any other names, including aliases, used by the applicant, and the
permanent address of applicant; (3213-11/93,3449-2r2000)
(2) The days of the week, specific hours and address where the entertainment is proposed;
(3213-11/93,3449-212000)
2/2000
5.44.030(b)(3)—5.44.030(17) Huntington Beach Municipal Code
(3) The true, full name or names and any other names, including aliases of the person or �.
persons having the management or supervision of applicant's business; (3449-2/2000)
(4) A statement of the nature and character of applicant's business, if any, to be carried on in
conjunction with such entertainment; (3449-2/2000)
(5) Whether or not the person or persons having the management or supervision of applicant's
business have been convicted of a crime, the nature of such offense, and the sentence
received therefor; (3449-2/2000)
(6) Such other reasonable information as to the identity or character of the person or persons
having the management or supervision of applicant's business as the Chief of Police may
deem necessary. (1265-12/66,1454-1 2/s8,3449-2/2000)
(7) A floor plan and site plan showing the building interior and grounds, including parking
spaces, and the dimension of each portion. (321311/93,3449-2/2000) —
(8) A copy of any other licenses, permits, or entitlements issued to the applicant for this —---
establishment or use by the State of California Alcoholic Beverage Control and any
conditions pertaining to that license. (3213-11/93,3449-2/2000)
(9) A copy of all Conditional Use Permits for the premises. (urg.3247-8/94,3449-2/2000)
(10)A copy of any other permits, or entitlements issued to the applicant for this establishment
or use. (3449-2/2000)
(11)A copy of any building or property lease or contract for the address for which the
entertainment will take place. (3449-WOW)
(12)The name and address of the owner and lessor of the real property upon which the
business is to be conducted. (3449-v2000)
(13)Acceptable written proof that the applicant is at least eighteen(18)years of age. (3449-
22000)
(14)The social security number and state driver license or identification card number for the
applicant. (w9-2i2ow)
(15)The address to which the Entertainment Permit is to be mailed. (3449-2n000)
(16)A statement under oath that the applicant has read and understands the provisions of this
chapter. (3449-2n000)
(17)A statement under oath that the applicant has personal knowledge of the information
contained in the application and that the information contained is true and correct. (3449-
2/2000)
212000
Huntington Beach Municipal Code 5.44.040—5.44.050(8)
5.44.040 Permit--Application fee. A fee of two hundred dollars ($200) shall be paid upon the filing of
each application for a permit for the purpose of defraying the expenses incidental to the processing of the
application. This fee amount shall be valid for a period of one year from the date of adoption of this
ordinance. Thereafter the fee shall be set by resolution of the City Council. (1265-12/66,3213-11193)
5.44.050 Permit--Granting. After the making and filing of the application, the Business License
Department shall refer the matter to the Chief of Police for investigation and report thereon. The
Chief of Police shall approve and issue an entertainment permit if the application and evidence
submitted show that: (1265-12/66,1444-10/68,3213-11/93,Urg.3247-8/94)
(1) The granting of previous entertainment and other related permits to the applicant has not, in
the past, resulted in the operation of a business or businesses which have created loud and/or
unreasonable noise levels for that location, as regulated by Huntington Beach Municipal Code
Section 8.40, or excessive disturbances to the surrounding environment such that calls for
services-to the Police Department have exceeded fifteen(15) in the preceding twelve (12)
months, and (Urg.3247-8/94)
(2) The applicant or business has not been previously convicted of disturbing the peace and/or the
creation of and failure to abate a nuisance as defined in the California Civil Code, or
Huntington Beach Municipal Code Section 17.10, and(Urg.3247-8/94,3449-2J2000)
(3) The entertainment to be provided would not attract crowds considered large for that location,
would not overwhelm the available police and safety services, and would not be incompatible
with the surrounding environment, and (Urg.3247-8/94,2/2000)
(4) The premises within which the entertainment is to be presented shall provide sufl'>eient sound-
absorbing insulation such that noise generated within the premises shall not be iR violation of
Huntington Beach Municipal Code Sertion 8.40 in relatiet to adjaeeAt property or public
right-of-way or within any other building or other separate unit within the same building, and
(Urg.3247-8/94)
(5) Considering where the entertainment is to be presented and its proximity to other businesses,
residences, and the surrounding environs, there-exist possible effective means of mitigating the
noise emanating from the business to a level of insignificance and in compliance with
Huntington Beach Municipal Code Section 8.40, and (Urg.3247-8/94)
(6) The place of entertainment is to be located in a zone permitting the proposed use under
Chapter 211 of the Huntington Beach Ordinance Code, and (Urg.3247-8/94)
(7) All signage conforms to the requirements for that zone, and (Urg.3247-8/94)
(8) The granting of an entertainment permit would not violate other sections of the Huntington .
Beach Municipal Code or other applicable municipal, state, or federal laws, and (Urg.324743194,
3449-212000)
2/2000
5.44.050(9)—5.44.090(a) Huntington Beach Municipal Code
(9) The required-fee has been paid. (ur9.3247-s/94,3449-2/200o)
5.44.060 Permit--Period valid. The permit shall be granted for the specific occasion requested,
or if the request is for continuous permit, the permit shall be issued for not longer than one year.
(1265-12/66)
5.44.065 Permit--Notice to Applicant of Action Taken. Within twenty(20)working days
after the making and filing of the application, unless the applicant signs a written waiver of notice,
the Police Department shall mail or personally deliver written notice to the applicant stating the
action that was taken on the application, together with a list of any conditions imposed if the
application is granted or, if the application is denied, the specific grounds for the denial. The
notice shall also advise the applicant of his/her right to appeal the denial of his application or any
of the conditions imposed. (3213-11/93,3449-2/2000)
5.44.070 Permit--Appeal of decision. Any permittee aggrieved by the decision of the Chief of
Police to deny or impose any conditions on such a permit may appeal to the City Council it,the
manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the
written appeal must be filed with the City Clerk within five (5) days of service of written notice of
the Chief of Police's decision. (1444-10/68,3213-11/93,3449-2/2000)
5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a permit
for the following:
(a) For the use of a radio or music recording machine, or juke box in any establishment;
(b) For any entertainment provided for members and their guests at a private club where
admission is not open to the public;
(c) For entertainment conducted in connection with a regularly established recreation park, circus
or fairground;
(d) For entertainment conducted by or sponsored by any bona fide club, society or association,
organized or incorporated for benevolent, charitable dramatic or literary purposes having an
established membership and which holds meetings other than such entertainment at regular
intervals, when proceeds, if any, arising from such entertainment are used for the purposes of
such club, society or association. (ims-12 w)
5.44.090 Revocation and/or Suspension of permit. The Chief of Police may, revoke or
suspend the permit and license of any person holding same in the City, upon receiving satisfactory
evidence that the licensee or permittee has:.(1265-12/66,3213-11/93,3449-2/2000)
(a) received an administrative citation which has been upheld at an administrative hearing, or been
convicted of, or has entered a plea of guilty to any violation of the provisions of this chapter,
or of any other law or ordinance of the City or state relating to such business; or (3213-11/93.
3449-212000)
212000
v
5.44.090(b)—5.44.100 Huntington Beach Municipal Code
r` *(b) permitted entertainment that is detrimental to the public welfare or that permittee, or his
employees, are engaged in conduct or behavior which creates unreasonable noise or
constitutes a nuisance, including but not limited to complaints registered with any City
Department, the State Alcoholic Beverage Control Board or the County Health Department;
or(3449-2/2000)
(c) The application is discovered to contain incorrect, false, or misleading information; or
(d) the business has been in violation of three (3) or more violations of the same provision, or six
(6) or more violations of any of the provisions, of this Chapter occur(regardless of whether
notice of each individual violation is given to the owner or applicant) within any twelve (12)
month period; or(3449-2/2000)
(e) The permit holder has had a entertainment permit or other similar permit or license denied or
revoked for cause by this city or any other jurisdiction located in or out of this state prior to
the date-of application. (3449-212000) —
5.44.095 Suspension Revocation of Permit--Notice to Applicant of Action Taken. Upon
determining that grounds for permit revocation or suspension exists, the Chief of Police shall
furnish written notice of the revocation to the permit holder. Such notice shall summarize the
principal reasons for the revocation. If the notice is mailed, it shall be deposited in the United
States Mail, first class postage prepaid, to the address shown on the application. Service shall be
!� deemed complete upon personal service or mailed in the United States Mail. The notice'shall also
advise the applicant of his right to appeal the revocation or suspension of the permit.(3449-2/20oo)
5.44.097 Revocation/Suspension--Appeal of Decision. Any permittee aggrieved by the
decision of the Chief of Police to revoke or suspend a permit may appeal to the City Council in
the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the
written appeal must be filed with the City Clerk within five (5) days of service of Written notice of
the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal
the revocation or suspension. (3449-2/2000)
5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under
the terms of this chapter, no other application for a permit under this chapter shall be considered
for a period of one year from date of such revocation. (1265-12/66)
2/2000
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective January 18, 2000)
Please Remove from Code Please Add to Code
Chapter 9.88 Chapter 9.88
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
� ? ?MunrcPalCode is availabl ion h 1 nternef �
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 9.88.010-9.88.030(b)
Chapter 9.88
EMPLOYMENT SOLICITATION
(3382-9/98,3451-1/2000)
Sections:
9.88.010 Purpose of Chapter
9.88.020 Definitions
9.88.030 Solicitation of and for Employment on Public Street or Highway Prohibited
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas
9.88.050 Validity
9.88.060 Enforcement
9.88.010 Purpose of Chapter. The purpose of this chapter is to regulate the time, place and
manner of the solicitation of and for employment on streets and highways, public areas and
nonresidential parking areas. These regulations are not intended to restrict the right of free .
speech or alternative channels of communications, but to ensure the protection of the public
health, safety and general welfare. (3382-9/98)
9.88.020 Definitions.
(a) "Employment" shall mean any offer or exchange or consideration for labor, industry or other
personal services, including part-time or temporary services, for wages or other
compensation. (3382-9/98)
(b) "Nonresidential parking area" means all private property comprising the parking area adjoining
nonresidential premises, i.e., commercial strip malls and shopping centers, including but not
limited to driveways, setbacks and portions that are landscaped. (3382-9/98)
(c) "Solicit or hire" means any request, offer, announcement, enticement or other action or
gesture which induces another person to reasonably believe that his or her services are being
sought or are being made available for hire, whether or not an actual employment relationship
is created. (3382-9/98)
A solicitation as defined herein shall be deemed completed when made whether or not an
actual employment relationship is created. (3382-9/98)
Solicitation shall also include solicitation for contributions of money or gifts. (3451-1/2000)
(d) "Street or highway" means all of the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, medians, alleys, curbs and other
public rights-of-way. (3382-9/98,3451-1/2000)
(e) "Vehicle" means a vehicle as defined in California Vehicle Code §670 as the same now reads
or may hereafter be amended. (3382-9/98)
9.88.030 Solicitation of and for Employment on Street or Highway Prohibited.
(a) It is unlawful for any person to engage in the solicitation of employment and for employees
on any street or highway. (3382-9/98,3451-1/2000)
(b) It shall be unlawful for any person, while standing in any portion of the streets, highways or
on a public sidewalk, to solicit, or attempt to solicit, from any person travelling in a vehicle
along a public right-of-way, including, but not limited to public streets, highways or
driveways.(3451-1/2000)
1/2000
9.88.030(c)-9.88.060(d) Huntington Beach Municipal Code
(c) It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or attempt
to solicit, from a person who is in the public streets, highways, sidewalks, or driveways.
(3451-1/2000)
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas.
(a) It is unlawful for persons to solicit or offer employment within 25 feet of any parking lot or
driveway open to the public. This section shall not be construed so as to prohibit a business
establishment or property owner from soliciting or hiring employees at or on his or her
premises. For the purpose of this section, vehicles and other similar types of mobile locations
shall not be considered a business establishment or premises. (3382-9/98)
(b) This section shall not be operative unless the owner, the owner's agent or the person in lawful
possession of the nonresidential parking area has caused a notice to be posted in a
conspicuous place at each entrance to such nonresidential parking area not less than eighteen
by twenty-four inches in size with lettering not less than one inch in height and not to exceed
in total area six square feet. The content of such notice shall be in substantially the following
form, in both the English and Spanish languages: (3382-9/98)
It is a misdemeanor to solicit or offer employment at this location
unless the employment will be on these premises. (H.B.M.C.
9.88.040
9.88.050 Validity. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Huntington Beach hereby declares that it would have
adopted this ordinance and these sections, subsections, sentences, clauses, phrases or portions
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions are declared invalid or unconstitutional. (3382-9/98)
9.88.060 Enforcement. Enforcement of this section may be accomplished by:
(a) the owner, the owner's agent, or the person in lawful possession of the business premises, under
the provisions of California Penal Code §847 (Arrest by Private Person); or (3382-9/98)
(b) a peace officer of the Huntington Beach Police Department; or (3382-9/98)
(c) a code enforcement officer of the City of Huntington Beach; or (3382-9/98)
(d) the filing of a criminal or civil complaint by the City Attorney. (3382-9/98)
1/2000
t
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective January 5, 2000)
Please Remove from Code Please Add to Code
Chapter 10.12 Chapter 10.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
����Mu��c�pal.���ade �s...availal�le�onthe lnternet�� ��
http://www.ci.huntington-beach.ca.us
or
hftp://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 10.12.010-10.12.040
Chapter 10.12
SPEED LIMITS
(1935-11/74,1947-12/74,1997-9/75,2066-7/76,2316-10178,2325-11/78,2358-5/79,2388-9/79,2421-5/80,
Urg Ord 2422-3/80,2432-6/80,2527-2/82,2624-7/83,2654-11/83,2670-11/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,
3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3328-6/96,3380-12/97,3383-3/98,3448-1/2000)
Sections:
10,12.010 Twenty-five m.p.h. prima facie speed limit
10.12.020 Thirty m.p.h. prima facie speed limit
10.12.030 Thirty-five m.p.h. prima facie speed limit
10.12.040 Forty m.p.h. prima facie speed limit
10.12,050 Forty-five m.p.h. prima facie speed limit
10.12.060 Fifty m.p.h. prima facie speed limit
10.12.065 Fifty-five m.p.h. prima facie speed limit
10.12.070 Speed limits on state highways _
10.12.080 Speed limits enumerated
10.12.010 Twenty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets and that the prima facie limit of speed on a portion of the following streets as listed in
Section 10.12.080 shall be and is twenty-five (25) mules per hour. (1935-11/74, 1947-12/74,2066-7/76,
2421-5/80,2883-12/86,3133-8/92,3272-1/95,3380-12/97)
10.12.020 Thirty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of thirty (30) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is thirty (30) miles per hour. (1935-11/74,1947-12/74,1997-9/75,2066-7/76,2388-9/79,2432-6/80,2527-2/82,
3133-8/92,3230-4/94,3272-1/95,3380-12/97)
10.12.030 Thirty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of thirty-five (35)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is thirty-five (35) miles per hour. (1935-11l74,1947-12/74,2358-5n9,Urg
Ord 2422-3/80,2527-2/82,2654-11/83,2670-11/83,2715-9/84,2878-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12/97)
10.12.040 Forty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of forty (40) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is forty (40) miles per hour. (1935-11/74,1947-12(74,1997-9/75,2066-7/76,2316-10/78,2358-5/79,2421-5/80,
2432-6/80,2527-2/82,2624-7/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12/97)
3/98
o
0
10.12.050--10.12.080 Huntington Beach Municipal Code
10.12.050 Forty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of forty-five (45)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is forty-five (45) miles per hour. (1935-11/74,1947-12/74,2358-5l79,
2388-9/79,Urg Ord 2422-3/80,3133-8/92,3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3380-12/97)
10.12.060 Fifty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty (50) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty (50) miles per hour. (1935-11/74, 1947-12R4,3133-8/92,Urg.3204-7/93,3230-4/94,3380-12/97)
10.12.065 Fifty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of
an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the
most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that
the prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty-five (55) miles per hour. (3133-8/92,3230-4/94,3380-12/97)
10.12.070 Speed limits on state highways. The State of California has established that orderly
movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets
and that the prima facie limit of speed on a portion of the following streets shall be and is as listed
in Section 10.12.080. (3133-8/92)
10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up
(North) and to the right (East). An asterisk (*) denotes speed limit not set by survey. (3133-8/92,
3230-4/94,3328-6/96,3380-12/97,3383-3/98,3448-1/2000)
(REST OF PAGE INTENTIONALLY LEFT BLANK)
1/2000
t
10.12.080 Huntinaton Beach Municipal Code
STREET BETWEEN SPEED
1st PCH Atlanta 35
Adams 17th Main Street 25
Main Street Lake Street 25
Lake Street Delaware 40
Delaware Beach 40
Beach Newland 45
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Santa Ana River 45
Algonquin Warner Heil 40
Arlosy Bolsa Chica Graham 40
Atlanta 1st Delaware 30
Delaware Beach 35
Beach Newland 40
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Banning Magnolia Bushard 40
Bushard Brookhurst 40
Beach Pacific Coast Hwy 1320'N/0 Ellis 50
(State Route 39) Postmile 0.0 Postmile 3.25
1320'N/0 Ellis North City Limit 45
Postmile 3.25
Bolsa Bolsa Chica Graham 50
Graham Springdale 50
Springdale Edwards 45
Edwards Goldenwest 40
Bolsa Chica South City Limit Warner 30
Warner Heil 45
Heil Edinger 45
Edinger McFadden 50
McFadden Bolsa 50
Bolsa Rancho 50
Brookhurst PCH Bushard 45*
Bushard Banning .45*
Banning Hamilton 45*
Hamilton Atlanta 45*
Atlanta Indianapolis 45*
Indianapolis Adams 45*
Adams Yorktown 45*
Yorktown Garfield 45*
Bushard Brookhurst Banning 45*
Banning Hamilton 45*
Hamilton Atlanta 45*
Atlanta Indianapolis 45*
Indianapolis Adams 45*
Adams Yorktown 45*
Yorktown Garfield 45*
3/98
7
v
10.12.080 Huntin on Beach Municipal Code
STREET BETWEEN SPEED
Center Gothard Huntington Village Ln 30
Huntington Village Ln One Pacific Plaza 30
One Pacific Plaza I-405 F 30
Channel Admiralty Gilbert 30
Clay Main Delaware 35
Delaware Beach 30
,Countess Portofino Edin er 30
Davenport Baruna Edgewater 25
Ed ewater Al on uin 35
Delaware Atlanta Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
Yorktown Garfield 35
Garfield Main 35
Main Ellis 35
Edinger 'West City Limit Saybrook 50
Saybrook Bolsa Chica 50
Bolsa Chica Graham 45
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 40
Goldenwest Gothard 40
Gothard Beach 35
Beach Newland 40
Edwards Garfield Ellis 40
Ellis Varsity 40
Varsity Slater 40
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger McFadden 40
McFadden Bolsa 40
Bolsa North Ck Limit 40
Ellis Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Delaware 40
Delaware Beach 35
Beach Newland 40
Florida Garfield Main 25
Garfield Sea point Edwards 45
Edwards Goldenwest 45
Goldenwest Main Street 40
Main Street Beach 35
Beach Newland 40
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Ward 45
1/2000
10 12.08p -Huntington Beach Municipal Code
STREET BETWEEN SPEED
Goldenwest PCH Palm 50
Palm Yorktown 50
Yorktown Garfield 50
Garfield Ellis 50
Ellis Talbert 50
Talbert Slater 50
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
Gothard Garfield Ellis 40
Ellis Talbert 40
Talbert Slater 35
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger Center 40
Center McFadden 40
Graham South City Limit Slater 35
Slater Warner 40
Warner Heil 35
Heil Edinger 40
Edinger McFadden 45
McFadden Bolsa 45
Hamilton Newland Magnolia 40
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst East City Limit 45
Heil Saybrook Bolsa Chica 35
Bolsa Chica Graham 35*
Graham S rin dale 35*
Springdale Edwards 35*
Edwards Goldenwest 35*
Goldenwest Gothard 35*
Gothard Beach 35*
Beach Newland 35*
Huntington PCH Atlanta 35
Atlanta Yorktown 30
Yorktown Taylor 25
Indianapolis Beach Newland 30*
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Lake Orange Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
3/98
10.12.080 Huntin ton Beach Municipal Code
STREET BETWEEN SPEED
Los Patos Warner_ Bolsa Chica 35
Magnolia PCH Banning 40
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Warner I405 San Die o F 45
Main Street PCH Adams 25
Adams Yorktown 35
Yorktown Garfield 40
Garfield Delaware 40
Delaware Ellis/Beach 35
McFadden Bolsa Chica Graham 25
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard East Ci Limit 40
Newland PCH Hamilton 35
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Garfield 45
Garfield Talbert 45
Talbert Warner 45
Warner Heil 45
Heil Edin er 45
Orange Main Fifth 5th 25
5th Ninth 9th 30
9th 17th 30
17th Goldenwest 30
PCH South City Limit Brookhurst 55
(State Route 1) Brookhurst Magnolia 55
Magnolia Newland 55
Newland 900' S/O Beach 55
900' S/O Beach Huntington 45
Huntington 800'N/O Huntington 45
800'N/O Huntington Main 35
Main 160' S/O 12th 35
160' S/O 12th 17th 45
17th 150' S/O 20th 45
150' S/O 20th 20th 50
20th Goldenwest 50
1/2000 ��
Huntington Beach Municipal Code 10.12.080
STREET BETWEEN SPEED
PCH Goldenwest 6200'N/0 Goldenwest 50
(Continued) 6200'N/O Goldenwest 800' S/0 Warner 55
800' S/0 Warner North City Limits 40
Palm Main 17th 35
17th Goldenwest 35
Goldenwest Sea point 45*
Parkside Holt Edinger 30
Rancho Bolsa Chica North/East City Limits 40
Saybrook Davenport Heil 25
Heil Edinger 45
17th PCH Orange 35
Orange Palm 35
Palm Main 35
Huntin iton Florida 35
Seapoint PCH Palm 40
Palm Garfield 45
Sher Juliette Low Edinger 35
Slater Graham Springdale 45
Svrinjgdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Beach 40
Beach Newland 40
Springdale South Ci Limit Talbert 45
Talbert Slater 40
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 50
Bolsa North City Limit 50
Talbert West Ci Limit Edwards 40
Goldenwest Gothard 40
Gothard Beach 40
Beach Newland . 45
Ward Yorktown Garfield 45
Warner PCH Algonquin 50
Algonquin Bolsa Chica 50
Bolsa Chica Graham 50
Graham Springdale 50
S rin dale Edwards 50
Edwards Goldenwest 50
Goldenwest Gothard 45
Gothard Nichols 40
Nichols Ash 45
Ash Beach 45
Beach Newland 45
Newland Magnolia 45
12/97
u
10.12.080 Huntington Beach Municipal Code
STREET BETWEEN
SPEED
Yorktown 671denwest Main Street 30
Main Street Lake Street 30
Lake Street Beach 30
Beach Newland 35
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 45
Brookhurst Ward 45
n
12/97
L
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective November 3, 1999)
Please Remove from Code Please Add to Code
Chapter 2.106 j Chapter 2.106
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Chris Cleary, Deputy City Clerk, Records Division
(714) 374-1632
��� �Munic` �a1 Codew�s�aua►lafble��onthe* I=ntern:et��� :
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
990915
Huntington Beach Municipal Code 2.106.010--2.106.040
Chapter 2.106
FOURTH OF DULY EXECUTIVE BOARD
(2385-7/79,2654-11/83,2754-4/85,2812-2/86,2892-3187,2923-12/87,3298-9/95,3435-11/99)
Sections:
2.106.010 Established
2.106.020 Composition
2.106.030 Operating Policies
2.106.040 Staff Cooperation
2.106.050 Meetings
2,106.060 Funding
2.106.070 Officers
2.106.080 Duties of Officers
2.106.090 Duties of Executive Board Members
2.106.100 Duties of Committee Chairpersons
2.106.110 Attendance
2.106.120 Quorum
2.106.130 Bylaws
2.106.010 Established. There is hereby established a Fourth of July Executive Board which
shall be an advisory body to the City Council, implementing policy as set by the City Council, and
shall work with staff and volunteers to assist in coordinating the City's annual Fourth of July
parade and celebration. (2385-7/79,2654-11/83,3298-9/95,3435-11/99)
2.106.020 Composition. The Board shall consist of seven members, one member appointed by
each Council member. The members shall serve four(4) year terms, and there shall be a two (2)
term limit. Each City Council member shall appoint one (1) person to the Board. The Board
member's term shall coincide with the appointing Council member's term of office. Members
whose appointing Council member leaves office prior to August lst of any year shall continue their
service on the Board until July 31st. All members of the Board shall be residents and electors of
the City of Huntington Beach. Each Council member shall possess the power to remove his or
her appointee to the Board at any time and without cause, and appoint a new Board member who
shall serve for the remainder of the appointing Council member's term of office, unless otherwise
removed pursuant to this Chapter. In the event a Board member resigns or is unable to complete
his or her term, an appointment shall be made by the appointing Council member to fill the
remainder of such member's unexpired term. The Board will establish committees with
committee chairs as necessary to implement the Fourth of July activities. (2385-7/79,2654-11/83,
2754-4/85,2812-2/86,2892-3/87,2923-12/87,3298-9195,3435-11/99)
2.106.030 Operating Policies. Except as otherwise stated herein, the Board shall conform with
operating policies established in Chapter 2.100 of this code.
2.106.040 Staff Cooperation. The Board will coordinate with Community Services Department
staff whose responsibility it will be to prepare and post agenda, take and distribute minutes,
develop and process the budget, process contracts/material requisitions, obtain permits, and
coordinate activity among city departments. The Community Service Department shall provide a
staff liaison to the Board. (32%-9/95)
11/99
n'
2.106.050--2.106.090(c) Huntington Beach Municipal Code
2.106.050 Meetings. The Board shall establish meeting dates as needed in the City Council
Chambers or a posted location subject to the Brown Act. (3298-9/95,3435-11/99)
2.106.060 Fundin>a. All funds generated by the Board will be deposited with the City. All
expenses will be paid by the City for the Fourth of July parade and celebration subject to City
purchasing and contracting policies and procedures. (3298-9195,3435-11199)
2.106.070 Officers. The Officers of the Board shall be a Chair and Vice Chair. They shall be
elected by majority vote of the Board and shall hold office for a period of one year or until their
successors are elected. In the event of a vacancy, a member of the Board shall be elected to fill
the unexpired portion of the Officer's term. An election of officers shall be held in September of
each year and the elected officers shall assume office at that meeting. No person shall occupy the
same office for more than two (2) consecutive one(1) year terms. (3298-9/95,3435-11/99)
2.106.080 Duties of Officers. (3298-9/95,3435-11/99)
Chair. The Chair shall: (3298-9/95)
(a) Serve as the chief officer of the Fourth of July Executive Board and shall preside at all
meetings of the Board. (3298-9/95,3435-11/99)
(b) With the advice of the Board, select all committee chairpersons. (3298-9/95)
(c) With the advice of the Board, assign responsibilities subject to approval of the Executive
Board. (3298-9/95)
(d) Be the Official Spokesperson for the Board. (3298-9/95,3435-11/99)
Vice Chair. The Vice Chair shall: (3298-9/95)
(a) Serve as an officer of the Fourth of July Executive Board. (3298-9/95,3435-11/99)
(b) In the absence or disability of the Chair, to perform all the duties of the Chair and, when so
acting, shall have all the powers of and be subject to all the restrictions upon the Chair. The
Vice Chair shall have other powers and perform such other duties as may be prescribed from
time to time by the Board. (3298-9/95)
2.106.090 Duties of Executive Board Members. (3298-9/95)
Members shall: (3298-9/95)
(a) Attend all meetings unless excused by the Chair. (3298-9/95)
(b) Execute all duties as assigned. (3298-9/95)
(c) Recommend to Council the removal of any member who has not complied with this Chapter
of the Municipal Code. (3298-9/95)
11/99
i
Huntington Beach Municipal Code 2.106.100--2.106.130
2.106.100 Duties of Committee Chairpersons. (3298-9/95)
Chairpersons shall:
(a) Serve as leader of committee. (3298-9/95)
(b) Hold meetings as needed. (3298-9/95)
(c) With approval of committee members, present recommendations to the Board for action.
(3298-9/95,3435-11/99)
(d) Present written year end report to the Board at the first meeting following the Fourth of July
each year. (3298-9/95,3435-11/99)
2.106.110 Attendance. Regular attendance at meetings is required to enable the Board to
discharge its duties. Any member absent from three (3) consecutive meetings without securing the
consent of the Chair, or the designee of the Chair, shall be deemed to have resigned from the
Board. Upon majority vote of the Board, the Chair shall notify the City Council of such
resignation and request the Council to appoint a new member to fill the unexpired term of the
member resigning. (3298-9/95,3435-11/99)
All members are encouraged to attend regular Board meetings so their knowledge and expertise
may be utilized to the fullest and they can keep abreast of the Board's plans and activities.
(3298-9/95,3435-11/99)
2.106.120 Quorum. At any meeting of the Fourth of July Executive Board, a simple majority
shall constitute a quorum for the transaction of business. (3298-9/95)
In the event there is no quorum at a meeting, the Chair shall adjourn said meeting or shall adjourn
to a date certain. (3298-9/95,3435-11/99)
2.106.130 Bylaws. The Board shall adopt bylaws as it deems necessary to provide for such
matters relative to its work and administration of its duties which are not otherwise provided for
by statute or ordinance, subject to prior submission to and approval by the City Council. (3435-11/99)
11/99
A*
HUNTINGTON BEACH
MUNICIPAiL CODE UPDATES
(Effective Sept. 15 , 1999)
Please Remove from Code Please Add to Code
Chapter 9.44 Chapter 9.44
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Carrol Gibbons, Deputy City Clerk, Records Division
(714) 374-1632
_�� dMuric�pa�I�Code �s�oava�la�ble� o»�=thy lntern�et�
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
990915
Huntington Beach Municipal Code 9.44.010-9.44.015(B)
Chapter 9.44
INTOXICATED AND DISORDERLY PERSONS
(72-3/11, 407-2/38, 508-4/47, 3291-8/95, 3363-7/97, 3434-9/99)
Sections:
9.44.010 Drinking in public places
9.44.015 Regulation of alcohol consumption on or about Independence Day
9.44.020 Disorderly houses
9.44.030 Complaints--Previous convictions
9.44.040 Repeal ed--3 3 63-7/97
9.44.010 General: Drinking in public places. No person shall drink any malt, spirituous or
vinous liquor containing more than one-half of 1 percent of alcohol by volume, upon any public
streets, alleys, sidewalks, parkways, playgrounds, parking lots open to the public, public parks,
public school grounds, and public recreation areas within this city, unless such person is on any
place for which a conditional use permit or special permit has been issued by the City of
Huntington Beach permitting alcohol consumption. (72-3/11, 407-2/38, 3363-7/97, 3434-9/99)
9.44.015 Regulation of alcohol consumption on or about Independence Day.
(a) Consumption in public--prohibited
In those areas of the city and on those dates set forth in Section (b) below, no person shall
drink, or otherwise consume, any malt, spirituous or vinous liquor or beverage of any nature
containing more than one-half of 1 percent of alcohol by volume, upon any public street, alley,
sidewalk, path, parkway, park, beach, pier, parking lot or parking facility or on an ny, ublic
1p ace, unless such person is upon any place for which a conditional use permit or special
permit has been issued by the City of Huntington Beach permitting alcohol consumption. This
ordinance shall also apply to lawful occupiers and their invited guests who consume alcohol in
a public place as defined in Huntington Beach Municipal Code Section 9.44.015(c)below.
(b) This section shall only be in effect between 12:00 noon PST on July 3, 1997 and 12:00 noon
PST on July 6, 1997, and shall apply only to that area of the city bounded by Pacific Coast
Highway on the south, Beach Boulevard on the east, Yorktown on the north and Goldenwest
Street on the west.
(c)
(1) Definitions
A. "Public place" for purposes of this section, Section 9.44.015, shall mean and include
any place or location, whether on private or public property:
(i) to which the general public is invited or to which the general public has access;
(ii) which abuts any public right-of-way or publicly owned property.
B. "Public place" for purposes of this section also means any unenclosed ground level
private yard, walkway, portion of outside steps, or driveway, where no permanent
physical barrier serves to fully restrict access to that area. An open garage which
directly abuts a public right-of-way will be considered public for purposes of this
section, as will any ground level entranceways immediately in front of a residence,
such as a cement slab, provided that it is not fully enclosed by a permanent physical
barrier.
9/99
9.44.015(C)--9.44.030 Huntington Beach Municipal Code
C. "Permanent physical barrier" means a permanent enclosure with a gate or door, over
two (2) feet in height, which physically restricts all access, such as a fence with a
closed gate, unbroken hedging with a closed gate, walls or like-structures with a
means of fully restricting access.
D. "Lawful occupier" shall mean any person who has a lawful right to be on a premises,
such as tenants, owners of property, and invited guests.
(2) Exceptions
"Public place" shall not include any of the following:
(i) the interior of any privately owned buildings or residences;
(ii) patios, back or side yards or private vessels which abut a private or public beach,
marina, dock or waterway;
(iii) enclosed back or side yards or patios which do not abut a public street, sidewalk,
or alley;
(iv) decks, balconies, or porches, grass or lawn areas, or garden areas, separated from
the abutting public sidewalk, street or alley, by a permanent gated fence or
enclosure at least two (2)feet in height, provided that the enclosure or fence,
including a gate or gates, fully and completely encloses the area parallel to which
the property line abuts the public sidewalk, street or alley, and parallel to the side
property lines to a point which connects to the residence or building or connects
with a deck,balcony or porch;
n
(v) an open area surrounded by a wall or similar structure of five(5) feet in height or
greater, with an aperture of four(4)feet or less for foot traffic;
(vi) balconies or fully elevated porches, separated from the yard area by stairs. (3363-7/97)
9.44.020 Disorderly houses. It is unlawful for any person to keep a riotous house, or permit any
riotous or disorderly conduct in any house, yard or premises connected therewith, owned or
occupied by such person, or be guilty of any riotous or disorderly conduct in any house, yard or
premises whereby the peace, quiet or decency of any person in the neighborhood of such house,
may be disturbed. (72-3/11)
9.44.030 Complaints--Previous convictions. Upon the filing of a complaint under this chapter,
the person filing same shall ascertain from the police department the number of previous
convictions and shall add an allegation to said complaint setting forth the number of convictions.
(72-3/11, 508-4/47)
r�
9/99
r
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective July 7 , 1999)
Please Remove from Code Please Add to Code
Chapter 5.70 Chapter 5.70
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Carrol Gibbons, Deputy City Clerk, Records Division
•;j �,,,, (714) 374-1632
'...,, .w.«,�.,:•>•r.,": `�f ;m, . -a"�: ";"..,..� �•. ,vw...,,a�as<_rrgvr;, ,Nrm�e-".•,»d ..,,.n•
���?�Mun�cipalCode�V�s a.�ailable�on the�lnferrief
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
990707
Huntington Beach Municipal Code 5.70.010--5.70.05
Chapter 5.70
SEX ORIENTED BUSINESSES
(2523-12/81,Urg.Ord. 3341-10/96,3431-7/99)
Sections'
5.70.05 Purpose
5,70.010 Definitions
5.70.015 Statements And Records
5.70.020 Permit Required
5,70.030 Application For Sex Oriented Business Permit
5.70.035 Sex Oriented Business Permit Issuance
5.70.040 Sex Oriented Performer Permit
5.70.045 Sex Oriented Performers Permit Issuance
5.70.050 Applicant To Appear
5.70.055 Repealed - Ord. 3431 - 7/99
5.70.060 Repealed - Ord. 3431 - 7/99
5.70.065 Repealed - Ord. 3431 - 7/99
5.70.070 Permit Renewal
5.70.080 Permits Nontransferable
5.70.090 Sex Oriented Businesses--Change Of Location Or Name
5.70.095 Sex Oriented Performer--Change Of Location Or Name
5.70.100 Sex Oriented Business Standards Of Operation
5.70.110 Inspections
5.70.115 Revocation of a Sex Oriented Business Permit
5.70.120 Revocation of a Sex Oriented Performer Permit
5.70.130 Regulations Nonexclusive
5.70.140 Violation--Penalty
5.70.150 Unlawful Operation Declared Nuisance
5.70.160 Minors And Intoxicated Persons
5.70.170 Employment Of Persons Without Permits Unlawful
5.70.180 Severability
5.70.05 Purpose. The intent of this ordinance is to regulate businesses which, unless closely
regulated, tend to have serious secondary effects on the community, which effects include, but are
not limited to, the following: depreciation of property values and increase in vacancies in
residential and commercial areas in the vicinity of Sex Oriented Businesses; interference with
residential property owners enjoyment of their property when such property is located in the
vicinity of Sex Oriented Businesses as a result of increases in crime, litter, noise and vandalism;
higher crime rates in the vicinity of Sex Oriented Businesses; and blighting conditions such as low
level maintenance of commercial premises and parking lots, which thereby have a deleterious
effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these
adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Sex
Oriented Businesses. (Urg.3341-10/96)
It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the
content of any communicative material. Similarly, it is neither the intent nor the effect of this
Chapter to restrict or deny access by adults to Sex Oriented Materials or to deny access by the
distributors or exhibitors of Sex Oriented Businesses to their intended market. (Urg.3341-10/96)
Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or
maintenance of any business, building or use which violates any City ordinance or any statute of
the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct,
lewdness or obscene or harmful matter or the exhibition or public display thereof. (Urg.3341-10/96)
7/99
A
5.70.010--5.70.010(h) Huntington Beach Municipal Code
5.70.010 Definitions.
(a) Cabaret. "Cabaret" means a nightclub, theater or other establishment which regularly
features live performances distinguished or characterized by an emphasis upon specified
sexual activities or Specifies anatomical areas. (Urg.3341-10/96,3431-7/99)
(b) Chief of Police. "Chief of Police" means the Chief of Police or his or her designee. (Urg.3341-10/96)
(c) Distinguished or characterized by an emphasis upon. "Distinguished or characterized by an
emphasis upon" means and refer to the dominant or essential theme of the object described
by such phrase. For instance, when the phrase refers to films "which are distinguished or
characterized by an emphasis upon" the depiction or description of specified sexual activities
or specified anatomical areas, the films so described are those whose dominant or
predominant character and theme are the depiction of the enumerated sexual activities or
anatomical areas. See Pringle v. City of Covina, 115 Ca1.App.3 151 (1981). (Urg.3341-10/96)
(d) Encounter Center. "Encounter center" or "rap studio" means any business, agency or person
who, for any form of compensation, consideration or gratuity, regularly provides a place
where two or more persons may congregate, assemble or associate for the primary purpose
of engaging in, describing or discussing specified sexual activities, or exposing specified
anatomical areas. (Urg.3341-10/96,3431-7/99)
(e) Owner or Permit holder or Permittee. "Owner", "Permit holder" or "Permittee" means any of
the following: (urg.3341-10/96,3431-7/99)
(i) the sole proprietor of a Sex Oriented Business; or (urg.3341-10/96,3431-7/99)
11 an and all individuals owning a twenty percent 20% or greater equitable interest,
(��) Y g Y P ( ) g q
including any community property interest, in the Sex Oriented Business. (Urg.3341-10/96,
3431-7/99)
(iii) the person designated by the officers of a corporation to be the Permit holder for a Sex
Oriented Business owned and operated by the corporation. (Urg.3341-10/96,3431-7/99)
(f) Performer. "Performer" means any person who dances, models, entertains, and/or performs
specified sexual activities or displays specified anatomical areas. (3431-7/99)
(g) Regularly Features. "Regularly features" with respect to a Sex Oriented theater or Sex
Oriented cabaret means a regular and substantial course of conduct. The fact that live
performances which are distinguished or characterized by an emphasis upon the display of
specified anatomical areas or specified sexual activities occur on two (2) or more occasions
within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or
four(4) or more occasions within a one hundred and eighty (180) day period, shall to the
extent permitted by law be deemed to be a regular and substantial course of conduct.
(Urg.3341-10/96,3431-7/99)
(h) Seminude. "Seminude" means a state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body
covered by supporting straps or devices. (Urg.3341-10/96,3431-7/99)
7/99
Huntington Beach Municipal Code 5.70.01 0(i)--5.70.01 0(k)(ii)
(1) Sex Oriented Bookstore. "Sex Oriented bookstore" means an establishment having as a
regular and substantial portion of its stock, revenue, interior business or floor space for
display or distribution in trade, books, magazines or other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas or an establishment with a segment or section
devoted to the sale or display of such material. (Urg.3341-10/96,3431-7/99)
(j) Sex Oriented Business. "Sex Oriented Business" means any business establishment or
concern which as a regular and substantial course of conduct performs or operates as a Sex
Oriented Bookstore, Sex Oriented Theater, Sex Oriented Motion Picture Arcade, Cabaret,
Encounter Center, Sex Oriented Motel/Hotel, or sells, displays or distributes Sex Oriented
Merchandise or Sex Oriented Material, or any other business or concern which as a regular
and substantial portion of its business offers to its patrons products, merchandise, services or
entertainment which are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical areas but not
including those uses or activities, the regulation of which is preempted by state law. "Sex
Oriented Business" shall also include any establishment which as a regular and substantial
course of conduct provides or allows performers, models, or employees to appear in any
public place in lingerie to a point where specified anatomical parts are exposed. As used in
this chapter, the terms "regular and substantial course of conduct" and "regular and
substantial portion of its business" shall mean any Sex Oriented Business where one or more
of the following conditions exist: (Urg.3341-10/96,3431-7/99)
(i) The area(s) devoted to the display of sex oriented merchandise and/or sex oriented
material exceeds twenty-five (25%) percent of the total stock, inventory, interior
business display or floor space, total display area of the business; or (Urg.3341-10/96,
3431-7/99)
(ii) A business or concern which presents any type of live entertainment which is
distinguished or characterized by an emphasis upon the display of specified anatomical
areas or specified sexual activities and which occurs on two (2) or more occasions
within a thirty (30) day period; three (3) or more occasions within a sixty (60) day
period; or four (4) or more occasions within a one hundred and eighty (180) day
period, shall to the extent permitted by law be deemed to be a regular and substantial
course of conduct. (Urg.3341-10/96,3431-7/99)
(iii)At least twenty-five percent (25%) of the revenue of the business is derived from the
sale, trade, display or presentation of services, products, or entertainment which are
characterized by an emphasis on matter depicting, describing, or relating to Specified
Sexual Activities or Specified Anatomical areas. (Urg.3341-10/96,3431-7/99)
(k) Sex Oriented Hotel/Motel. "Sex Oriented Hotel/Motel" means a hotel or motel, which (Urg.
3341-10/96,3431-7/99)
(1) as a regular and substantial course of conduct provides to its patrons, through the
provision of rooms equipped with closed circuit television, video recorders or players or
other medium, material which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical
parts; and/or (Urg.3341-10/96,3431-7/99)
(ii) rents, leases, or lets any room for less than a ten (10) hour period, or advertises the
provision of sexually explicit material. See Sex Oriented Business for definition of
"regular and substantial course of conduct." (Urg.3341-10/96,3431-7/99)
7/99
5.70.010(I)--5.70.010(q)(5) Huntington Beach Municipal Code
(1) Sex Oriented Material. "Sex Oriented Material" means any Sex Oriented Merchandise, or any
book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video
tape recording, or other visual representation, characterized by an emphasis on matter
depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(Urg.3341-10/96,3431-7/99)
(m) Sex Oriented Merchandise. "Sex Oriented Merchandise" means sex oriented implements or
paraphernalia, such as, but not limited to: dildos, auto sucks, sex oriented vibrators, edible
underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated
and/or battery operated vaginas, and similar sex oriented devices which are designed or
marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
(Urg.3341-10/96,3431-7/99)
(n) Sex oriented mini-motion picture theater. "Sex Oriented mini-motion picture theater" means
an enclosed building with a capacity for less than fifty (50) persons regularly used for
presenting material distinguished or characterized by an emphasis on matter depicting or
relating to specified sexual activities or specified anatomical areas for observation by patrons
therein. (Urg.3341-10/96,3431-7/99)
(o) Sex Oriented motion picture arcade. "Sex Oriented motion picture arcade" means any place
to which the public is permitted or invited wherein coin or slug operated or electronically,
electrically or mechanically controlled still or motion picture machines, projectors or other
image-producing devices are maintained to show images to five (5) or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or
specified anatomical areas. (Urg.3341-10/96,3431-7/99)
(p) Sex Oriented motion picture theater. "Sex Oriented motion picture theater" means an
enclosed building with a capacity of fifty (50) or more persons regularly used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas for observation by patrons
therein. (Urg.3341-10/96,3431-7/99)
(q) Specified sexual activities. "Specified sexual activities" means any of the following: (urg.
3341-10/96,3431-7/99)
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually oriented acts or
conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, urophilia, zooerasty, zoophilia. (Urg.
3341-10/96)
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(Urg.3341-10/96)
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
or (Urg.3341-10/96)
(4) Fondling, erotic or sexually touching of human genitals, pubic region, buttocks, cleft of
the buttocks, female breast; or anal region. (Urg.3341-10/96)
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (Urg.
3341-10/96)
7/99
Huntington Beach Municipal Code 5.70.010(q)(6)--5.70.020(d)
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a
human being; or (Urg.3341-10/96)
(7) Human excretion, urination, menstruation, vaginal or anal irrigation. (Urg.3341-10/96)
(8) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous
clothing, including models appearing in lingerie, to the point where specified anatomical
areas are exposed. (Urg.3341-10196,3431-7/99)
(r) Specified anatomical areas. "Specified anatomical areas" means any of the following: (Urg.
3341-10/96,3431-7/99)
(1) Less than completely and opaquely covered human genitals or pubic region; buttock;
or female breast below a point immediately above the top of the areola; or (Urg.3341-10/96)
(2) Human male genitalia in a discernibly turgid state, even if completely and opaquely
covered. (Urg.3341-10/96)
(3) Any device, costume, or covering that simulates any of the body parts included in
subdivisions (1) and (2) above. (Urg.3341-10/96)
5.70.015 Statements and records. Person(s) required to obtain a Sex Oriented Business Permit
shall maintain complete records which can be segregated with regard to all transactions involving
such products, merchandise, services or entertainment which are sufficient to establish the
percentage of gross receipts of the business which is derived from such transactions. (Urg.
3341-10/96,3431-7/99)
Such records shall be maintained for a period of at least three (3) years. (Urg.3341-10/96)
No person required to keep records under this section shall refuse to allow authorized
representatives of the City Treasurer or his/her designee to examine said records at reasonable
times and places. (Urg.3341-10/96)
5.70.020 Permit required.
(a) No person, association, partnership or corporation shall own, operate, engage in, conduct or
carry on, in or upon any premises within the City of Huntington Beach any "Sex Oriented
Business", defined in this chapter, without a Sex Oriented Business Permit and a business
license from the City of Huntington Beach. (Urg.3341-10/96,3431-7/99)
(b) To obtain a permit to own, operate, engage in, conduct or carry on any Sex Oriented
Business, the Owner shall make application to the Chief of Police, on a form provided by the
Chief of Police. Prior to submitting such application, a non-refundable fee, established by
resolution of the City Council, shall be paid to the City to defray, in part, the cost of
investigation and report required by this chapter. The receipt, or a copy thereof, shall be
supplied to the Chief of Police at the time such application is submitted. (Urg.3341-10/96,
3431-7/99)
(c) The application for Permit does not authorize the engaging in, operation of, conducting of, or
carrying on of any Sex Oriented Business. (Urg.3341-10/96,3431-7/99)
(d) Only the Owner of the Sex Oriented Business is eligible to obtain a Sex Oriented Business
Permit. (Urg.3341-10/96,3431-7/99)
7/99
5.70.020(e)--5.70.030(a)(9) Huntington Beach Municipal Code
(e) The Owner shall post the Permit conspicuously in the Sex Oriented Business Premises. (urg.
3341-10/96,3431-7/99) �\
(f) The fact that an Owner has other types of state or City permits or licenses does not exempt
the Owner from the requirement of obtaining a Sex Oriented Business Permit. (3431-7/99)
5.70.030 Application for Sex Oriented Business Permit. Each application for a Sex Oriented
Business permit shall contain the following information: (urg.3341-10/96)
(a) Owner Information (urg.3341-10/96,3431-7/99)
(1) The full, true name and any other names, including aliases, used by the applicant. (urg.
3341-10/96)
(2) The present business address and telephone number of the applicant. (urg.3341-10/96,
3431-7/99)
(3) Acceptable written proof that the applicant is at least eighteen (18) years of age. (urg.
3341-10/96,3431-7/99)
(4) The social security number and state driver's license or identification card of the
applicant. (3431-7/99)
(5) The applicant's fingerprints on a form provided by the Police Department and a color
photograph clearly showing the Applicant's face. Any fees for the fingerprints or
photograph shall be paid by the Applicant. (3431-7/99)
(6) If the applicant intends to operate the Sex Oriented Business under a name other than
that of the applicant the applicant shall file the fictitious name of the Sex Oriented
Business and show proof of registration of the fictitious name. (urg.3341-10/96,3431-7/99)
(7) The business license history of the applicant and whether such applicant, in previous
operations in this or any other city, state, or territory under license, has had such license
or permit for a Sex Oriented Business or similar type of business revoked or suspended,
the reason therefore and the business activity or occupation subsequent to such action of
suspension or revocation. (urg.3341-10/96,3431-7/99)
(8) All felony convictions of the applicant within the last five (5) years; all misdemeanor
convictions within the last two (2) years of the applicant of any of the offenses set forth
in California Penal Code Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i,
647(a), 647(b) and 647(d) of the California Penal Code as those sections now appear or
may hereafter be amended or renumbered; or any offense requiring registration under
California Penal Code Section 290, and the equivalent of the aforesaid offenses outside
of the State of California. (urg.3341-10/96,3431-7/99)
(9) If the applicant is a corporation, the name of the corporation shall be set forth exactly as
shown in its articles of incorporation or charter, evidence that the corporation is in good
standing under the laws of the State of California, the name of the registered corporate
agent and the address of the registered office for service of process, together with the
place and date of incorporation, and the names and addresses of each of its current
officers and directors, and each stockholder holding more than twenty percent (20%) of
the stock in the corporation, including community property interests. If the applicant is
a partnership, the applicant shall set forth the name, residence address and dates of birth
of the partners, including limited partners, and attached a copy of the partnership
7/99
Huntington Beach Municipal Code 5.70.030(a)(9)--5.70.040(c)
agreement. If the applicant is a limited partnership, it shall furnish a copy of its
certificate of limited partnership filed with the County Clerk. If one or more of the
_ partners is a corporation, the provisions of this subsection pertaining to corporations
shall apply. The applicant corporation or partnership shall designate one of its officers
or general partners to act as its responsible managing officer. All individuals owning a
twenty percent (20%) or greater equitable interest, including community property
interests in the Sex Oriented Business shall complete and sign all application forms
required of an individual applicant under this chapter, but only one application fee shall
be charged. (Urg.3341-10/96,3431-7/99)
(b) Business Information (Urg.3341-10/96)
(1) The name and address of the owner and lessor of the real property upon which the
business is to be conducted. (Urg.3341-10/96,3431-7/99)
(2) A description of the type of Sex Oriented Business for which the Permit is requested and
the proposed address where the Sex Oriented Business will operate, plus the names and
addresses of the owners and lessors of the Sex Oriented Business site. (Urg.3341-10/96)
(3) The address to which notice of action on the application is to be mailed. (Urg.3341-10/96)
(4) The name(s) of the responsible person(s) who will be on the premises to act as manager
during the times that the business is open, or a statement that the applicant has not yet
selected the manager(s). (3431-7/99)
(5) A site plan including floor plan, building elevations and parking lot diagram showing the
interior and exterior configuration of the premises, including a statement of the total
floor area occupied by the Sex Oriented Business. (Urg.3341-10/96,3431-7/99)
(6) Any other similar permits obtained in other jurisdictions, including year of issuance and
name of jurisdiction. (3431-7/99)
5.70.035 Sex Oriented Business Permit Issuance. (Urg.3341-10/96,3431-7/99)
(a) Within ten (10) business days of receipt of a completed application, as set forth in Section
5.70.030 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented
Business Permit. However, issuance of the permit does not preclude revocation of the
permit pursuant to Section 5.70.115. (Urg.3341-10/96,3431-7/99)
5.70.040 Sex Oriented Performer Permit (Urg.3341-10/96,3431-7/99)
(a) No person shall engage in or participate in any live performance depicting specified
anatomical areas or involving specified sexual activities without a valid Sex Oriented
Performer Permit issued by the City. (Urg.3341-10/96,3431-7199)
(b) To obtain a Sex Oriented Performer Permit, the individual shall make application to the Chief
of Police on a form provided by the Chief of Police. Prior to submitting such application, a
non-refundable fee, established by resolution of the City Council, shall be paid to the City to
defray, in part, the cost of investigation and report required by this chapter. The report, or a
copy thereof, shall be supplied to the Chief of Police at the time such application is
submitted. (Urg.3341-10/96,3431-7/99)
(c) The application for a permit does not authorize the engaging in a performance of live
performers depicting specified anatomical areas or involving specified sexual activities.
(3431-7/99)
7/99
5.70.040(d)--5.70.050 Huntington Beach Municipal Code
(d) A Sex Oriented Performer engaged in live entertainment shall provide proof of a valid Sex
Oriented Performer Permit upon demand of a police officer. Failure to provide proof shall be
a violation of this Chapter. (3431-7/99)
(e) The fact that an applicant possesses other types of state or city permits or licenses does not
exempt the applicant from the requirement of obtaining a Sex Oriented Performer Permit.
(3431-7/99)
(f) The completed application shall contain the following information and be accompanied by the
following documents: (Urg.3341-10/96,3431-7/99)
(1) The applicant's legal name and any other names (including "stage names" and aliases)
used by the applicant; (Urg.3341-10/96)
(2) The applicant's height, weight, hair and eye color and date and place of birth; (Urg.
3341-10/96,3431-7/99)
(3) Present residence address and telephone number; (Urg.3341-10/96,3431-7/99)
(4) All felony convictions of the applicant within the last five (5) years; all misdemeanor
convictions within the last two (2)years of the applicant of any of the offenses set forth
in California Penal Code Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 2661,
647(a), 647(b), and 647(d) of the California Penal Code as those sections now appear or
may hereafter be amended or renumbered, all offenses requiring registration under
California Penal Code Section 290; and the equivalent of the aforesaid offenses outside
of the State of California. (urg.3341-10/96,3431-7/99)
(5) The social security number and state driver's license or identification number of the
applicant. (Urg.3341-10/96,3431-7/99)
(6) Acceptable written proof that the applicant is at least eighteen (18) years of age; (Urg.
3341-10/96,3431-7/99)
(7) The applicant's fingerprints on a form provided by the Police Department, and a color
photograph clearly showing the applicant's face. Any fees for the photographs and
fingerprints shall be paid by the applicant; (Urg.3341-10/96,3431-7/99)
(8) The business address and telephone number where the performance will take place.
(3431-7/99)
(9) Any other similar permits obtained in other jurisdictions, including year of issuance and
name of jurisdiction. (3431-7/99)
5.70.045 Sex Oriented Performers Permit Issuance. (Urg.3341-10/96,3431-7/99)
Within ten (10) business days of receipt of a completed application, as set forth in Section
5.70.040 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented
Performers Permit. However, issuance of the permit does not preclude revocation of the permit
pursuant to Section 5.70.120. (Urg.3341-10/96,3431-7/99)
5.70.050 Applicant to au-pear. The applicant for a Sex Oriented Business Permit or a Sex
Oriented Performers Permit shall personally appear during normal business hours at the Police
Department of the City of Huntington Beach and produce proof that a non-refundable application
fee, established by resolution of the City Council, has been paid and shall present the application
containing the aforementioned and described information. (Urg.3341-10/96,3431-7/99)
7/99
Huntington Beach Municipal Code 5.70.070--5.70.090(a)
5.70.070 Permit renewal. Each Sex Oriented Business Permit and Sex Oriented Performers
Permit shall expire one (1) year from the date of issuance. The applicant shall make application
for renewal to the Chief of Police on a form provided by the Chief of Police accompanied by the
renewal fee and a copy of the Permit to be renewed. The request for renewal shall be made at
least thirty (30) days before the expiration date of the Permit. When made less than thirty (30)
days before the expiration date, the expiration of the Permit will not be stayed. (Urg.3341-10/96,
3431-7/99)
If the application conforms to the previously approved application and the Sex Oriented Business
has not changed, the permit shall be renewed by the Chief of Police for another year. Notice of
such renewal shall be given, in writing, to the permittee within ten (10) business days following
the date of receipt of the completed renewal application. Any change or alteration in the location,
nature or operation of the Sex Oriented Business will require a new application to be processed in
the same manner as the original applications. The renewal fee shall be established by resolution of
the City Council. Applications for renewal shall be acted on as provided herein for action upon
applications for Permits. (Urg.3341-10/96,3431-7/99)
The applicant for renewal of a Sex Oriented Business Permit or a Sex Oriented Performers Permit
shall personally appear during normal business hours at the Police Department of the City of
Huntington Beach and produce proof that a non-refundable application fee, established by
resolution of the City Council, has been paid and shall present the application containing the
aforementioned and described information. (3431-7/99)
5.70.080 Permits nontransferable.
(a) No Sex Oriented Business permit may be sold, transferred or assigned by a permittee, or by
operation of law, to any other person or persons. Any such sale, transfer or assignment, or
attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of
such permit and such permit shall thereafter be null and void; provided and excepting,
however, that if the permittee is a partnership and one or more of the partners should die,
one or more of the surviving partners may acquire, by purchase or otherwise, the interest of
the deceased partner or partners without effecting a surrender or termination of such permit,
and in such case, the permit, upon notification to the Chief of Police, shall be placed in the
name of the surviving partner. A Sex Oriented Business permit issued to a corporation shall
be deemed terminated and void when either any individual who previously owned less than
twenty percent (20%) if the corporation or partnership acquires at least twenty percent
(20%) outstanding stock of the corporation is sold, transferred or assigned after the issuance
of a permit, or any stock authorized but not issued at the time of the granting of a permit is
thereafter issued and sold, transferred or assigned. (Urg.3341-10/96,3431-7/99)
Any change in the nature or composition of the Sex Oriented Business from one type of Sex
Oriented Business use to another type of Sex Oriented Business use shall also render the
permit null and void. (Urg.3341-10/96)
(b) No Sex Oriented Business Performer permit may be sold, transferred or assigned to any other
person or persons. (3431-7/99)
5.70.090 Sex Oriented Businesses -- Change of location or name. (Urg.3341-10/96)
(a) No Sex Oriented Business shall move from the location specified on its permit until a change
of location fee, established by resolution of the City Council, has been deposited with the
city, and approval has been obtained from the Chief of Police. Such approval shall not be
given unless all requirements and regulations, as provided herein for applications for permits,
have been met. (urg.3341-10/96,3431-7/99)
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5.70.090(b)--5.70.100(b)(4) Huntington Beach Municipal Code
(b) No permit holder shall operate, conduct, manage, engage in, or carry on a Sex Oriented
Business under any name other than his name and the name of the business as specified on
the applicable permit. (Urg.3341-10/96,3431-7/99)
(c) Any application for an extension or expansion of a building or other place of business where
a Sex Oriented Business is located shall require inspection and shall comply with the
provisions and regulations of this Chapter. (Urg.3341-10/96)
5.70.095 Sex Oriented Performer--Chanize of location or name. No permit holder shall
perform under any name other than the name specified on his or her permit in any other location
other than the location specified on his or her permit. (3431-7/99)
5.70.100 Sex Oriented Business Standards of Operation. (Urg.3341-10/96)
(a) Except as specifically provided in this Chapter, the Sex Oriented Business shall comply with
the zoning, parking, development and design standards applicable to the zone in which the
! business is located. (Urg.3341-10/96)
(1) The Sex Oriented Business shall be conducted wholly within a building and shall not be
located, in whole or in part, within any portable structure. (Urg.3341-10/96)
(2) All indoor areas of the Sex Oriented Business within which patrons are permitted,
except restrooms, shall be open to view at all times. (Urg.3341-10/96)
(3) Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision
Ordinance Code except that such signs shall contain no photographs, silhouettes,
drawings, statues,monuments, sign shapes or sign projections, or other graphic
representations, which depict the human body or anatomy, or any portion thereof,
whether clothed or unclothed, including without limitation representations that depict
"specified anatomical areas" or"specified sexual activities." (Urg.3341-10/96,3431-7/99)
(b) General Provisions (Urg.3341-10/96)
(1) No Sex Oriented Material or Sex Oriented Merchandise shall be displayed in such
manner as to be visible from any location other than within the premises occupied by the
Sex Oriented Business. (Urg.3341-10/96)
(2) No person under the age of 18 years shall be permitted within the premises at any time
except as pursuant to California Penal Code Section 313.2. (Urg.3341-10/96,3431-7/99)
(3) The Sex Oriented Business shall not operate or be open between the hours of 11:00 p.m.
and 11:00 a.m. (Urg.3341-10/96)
(4) The Sex Oriented Business shall provide and maintain separate restroom facilities for
male patrons and employees and female patrons and employees. Male patrons and
employees shall be prohibited from using the restroom(s) for females, and female
patrons and employees shall be prohibited from using the restroom(s) for males, except
to carry out duties of repair, maintenance and cleaning of the restroom facilities. The
restrooms shall be free from all Sex Oriented Materials and Sex Oriented Merchandise.
Restrooms shall not contain television monitors or other motion picture or video
projection, recording or reproduction equipment. The foregoing provisions of this
paragraph shall not be applicable to a Sex Oriented Business which deals exclusively
with sale or rental of merchandise which is not used or consumed on the premises, such
as a Sex Oriented Bookstore, and which does not provide restroom facilities to its
patrons or the general public. (Urg.3341-10/96)
7/99
Huntington Beach Municipal Code 5.70.1 00(b)(5)--5.70.1 00(d)(1)
(5) The Sex Oriented Business shall not conduct, advertise, offer, or solicit any massage,
acupuncture, figure modeling, piercing, tattooing, acupressure or escort services and
shall not allow such activities on the premises. (Urg.3341-10/96,3431-7/99)
(c) Any Sex Oriented Business which allows customers to remain on the premises while viewing
any live, filmed or recorded entertainment, or while using or consuming the products or
services supplied on the premises, shall conform to the following requirements: (Urg.3341-10/96)
(1) At least one security guard who shall possess a valid license from the State of California
shall be on duty outside the premises, patrolling the grounds and parking areas, at all
times while the business is open. The security guard(s) shall be charged with preventing
violations of law and enforcing compliance by patrons with the requirements of this
Chapter. Any security guard required by this subparagraph shall be uniformed in such
manner so as to be readily identifiable as a security guard by the public. No security
guard required pursuant to this subparagraph shall act as a door person, ticket seller,
ticket taker, or admittance person while acting as a security guard hereunder. (Urg.
3341-10/96,3431-7/99)
(2) Landscaping shall conform to the standards established for the zone, except that, if the
Sex Oriented Business is the sole use on a lot, no planting shall exceed thirty (30) inches
in height, except trees with foliage not less than six (6) feet above the ground. (Urg.
3341-10/96)
(3) The entire exterior grounds, including the parking lot, shall be lighted sufficiently to
permit the security personnel to observe activity on the grounds and within automobiles.
(Urg.3341-10/96)
(4) The premises within which the Sex Oriented Business is located shall provide sufficient
sound absorbing insulation so that noise generated inside said premises shall not be
audible anywhere on any adjacent property or public right of way or within any other
building or other separate unit within the same building. (Urg.3341-10/96)
(5) No exterior door or window on the premises shall be propped or kept open at any time
while the business is open, and any exterior windows shall be covered with opaque
covering at all times. (Urg.3341-10/96)
(6) Permanent barriers shall be installed and maintained to screen the interior of the premises
from public view for each door used as an entrance/exit to the business. (Urg.3341-10/96)
(d) The following additional regulations shall pertain to Sex Oriented Motion Picture Arcades
which provide more than one viewing area: (Urg.3341-10/96)
(1) Upon application for a Sex Oriented Business Permit, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the
location of one or more manager's stations, the location of all overhead lighting fixtures
and designating any portion of the premises in which patrons will not be permitted.
A manager's station may not exceed thirty two (32) square feet of floor area with no
dimension greater than eight (8) feet. The diagram shall also designate the place at
which the Sex Oriented Business Permit and city business license will be conspicuously
posted. A professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram shall be oriented to the north or
7/99
5.70.100(d)(1)--5.70.100(e)(1)(i) Huntington Beach Municipal Code
to some designated street or object and shall be drawn to a designated scale with marked
dimensions sufficient to show the various internal dimensions of all areas of the interior
of the premises to an accuracy of plus or minus six (6) inches. The Chief of Police shall
waive the foregoing diagram for renewal applications if the Owner adopts a diagram that
was previously submitted and certifies that the configuration of the premises has not
been altered since it was prepared. (Urg.3341-10/96)
(2) No alteration in the configuration or location of a manager's station(s) may be made
without the prior approval of the Chief of Police. (Urg.3341-10/96,3431-7/99)
(3) It shall be the duty of the Owner(s) to insure that at least one (1) employee is on duty
and situated at each manager's station at all times that any patron is present inside the
premises. (Urg.3341-10/96,3431-7/99)
(4) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which any
patron is permitted access for any purpose excluding restrooms. If the premises has two
(2) or more manager's stations designated, then the interior of the premises shall be
configured in such a manner that there is an unobstructed view of each area of the
premises to which any patron is permitted access for any purpose, excluding restrooms,
from at least one of the manager's stations. The view required in this subsection must
be by direct line of sight from the manager's station. (Urg.3341-10/96,3431-7/99)
(5) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present
on the premises to insure that the view area specified above remains unobstructed by any
doors, walls, persons, merchandise, display racks or other materials at all times and to
insure that no patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted in the application filed
pursuant to this subsection. (Urg.3341-10/96,3431-7/99)
(6) No Individual Viewing Area may be occupied by more than one person at any one time.
"Individual Viewing Area" shall mean a viewing area designed for occupancy by one
person. Individual Viewing Areas of the Sex Oriented Business shall be operated and
maintained without any hole or other opening or means of direct communication or
visual or physical access between the interior space of two (2) or more Individual
Viewing Areas. (Urg.3341-10/96,3431-7/99)
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted access with an illumination of not
less than ten (10) foot candle as measured at the floor level. (urg.3341-10/96,3431-7/99)
(8) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present
on the premises to insure that the illumination described above is maintained at all times
that any patron is present on the premises. (Urg.3341-10/96,3431-7/99)
(e) The following additional requirements shall pertain to Sex Oriented Businesses providing live
entertainment revealing or depicting Specified Anatomical Parts or involving Specified
Sexual Activities: (Urg.3341-10/96)
(1) No person shall perform, and no owner, operator, or manager of a Sex Oriented
Business shall permit live entertainment revealing or depicting Specified Anatomical
Parts for patrons of a Sex Oriented Business except where: (Urg.3341-10/96)
(i) performed upon a stage or platform located at least eighteen (18) inches above the
level of the floor; and (Urg.3341-10/96,3431-7/99)
7/99
Huntington Beach Municipal Code 5.70.100(e)(1)(i)--5.70.115(a)(2)
(ii) a distance of at least six (6) feet is maintained between any performer and any
patron. (Urg.3341-10/96,3431-7/99)
(2) The Sex Oriented Business shall provide separate dressing room facilities for performers
which are exclusively dedicated to the entertainers' use. (Urg.3341-10/96,3431-7/99)
(3) The Sex Oriented Business shall provide an entrance/exit to the premises for performers
which is separate from the entrance/exit used by patrons. (Urg.3341-10/96,3431-7/99)
(4) No performer shall have intentional physical contact with any patron, and no patron shall
have intentional physical contact with any performer while on the premises which
physical contact involves the touching of the clothed or unclothed genitals, pubic area,
buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or
area of such other person's body. (Urg.3341-10/96,3431-7/99)
(5) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the
separations between performers and patrons required by this Section. (Urg.3341-10/96,
3431-7/99)
(6) The Sex Oriented Business shall maintain a file containing the Performer Permit of all
performers at the business. The file shall be available for viewing during all police
inspections. (3431-7/99)
5.70.110 Inspections. (Urg.3341-10/96,3431-7/99)
The permit holder shall allow the City of Huntington Beach and its authorized representatives to
conduct reasonable unscheduled inspections of the premises of the Sex Oriented Business for the
purpose of ensuring compliance with the law at any time the Sex Oriented Business is open for
business or is occupied; provided, whenever any city official relies upon this section to gain
access to the permit holder's establishment without paying any otherwise applicable admission fee
or cover charge, any person employed by the permit holder to collect such admission fees or
cover charges may require such official, before admitting such official to the establishment, to
produce identification indicating the official's name, branch of city government by which such
official is employed, and the job title such official holds within that branch of city government.
(Urg.3341-10/96,3431-7/99)
5.70.115 Revocation of a Sex Oriented Business Permit. (3431-7/99)
(a) The Chief of Police shall revoke a Sex Oriented Business Permit when! (Urg.3341-10/96,3431-7/99)
(1) The permit holder is convicted of a felony or misdemeanor occurring upon or relating to
the premises or lot upon which the Sex Oriented Business is located which offense is
classified by the state as an offense involving sexual crime against children, sexual abuse,
rape, distribution of obscene material or material harmful to minors, prostitution or
pandering, including, but not necessarily limited to the violation of any crime requiring
registration under California Penal Code § 290, or any violation of Penal Code § 243.4,
261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311
through 311.10, inclusive, 314, 315, 316 or 647; or (Urg.3341-10/96,3431-7/99)
(2) If, on two (2) or more occasions within a twelve (12) month period, a person or persons
has (have) been convicted of a felony or misdemeanor for an offense set forth in this
section as a result of such person's activity on the premises or property on which the
Sex Oriented Business is located, and the person or persons were employees,
contractors or agents of the Sex Oriented Business at the time the offenses were
committed; or (Urg.3341-10/96,3431-7/99)
7/99
}
5.70.115(a)(3)--5.70.120(a)(1) Huntington Beach Municipal Code
(3) If the permit holder or an employee has knowingly allowed prostitution, or solicitation
for prostitution, knowingly allowed or permitted any act of sexual intercourse; sodomy,
oral copulation, or masturbation to be committed or allowed in or upon the premises
where such Sex Oriented Business is to be located, or to be used as a place in which
solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly
occur or (Urg.3341-10/96,3431-7/99)
(4) The Sex Oriented Business has been operated in violation of any of the requirements of
this Chapter and, (Urg.3341-10/96,3431-7/99)
(i) if the violation is of a continuous nature, the Business continues to be operated in
violation of such provision for more than ten (10) days following the date written
notice of such violation is mailed or delivered to the Owner, or (Urg.3341-10/96)
(ii) if the violation is of a noncontinuous nature, two (2) or more additional violations
of the same provision or four (4) or more violations of any other of the provisions
of this Chapter occur (regardless of whether notice of each individual violation is
given to Owner) within any twelve (12) month period; or (Urg.3341-10/96,3431-7/99)
(5) The applicant has made material misrepresentations or fraudulent, false, or misleading
statements in the application; or (3431-7/99)
(6) Permit holder has had a Sex Oriented Business permit or other similar license or permit
denied or revoked for cause by this city or any other jurisdiction located in or out of this
state prior to the date of application; or (3431-7/99)
(7) That the Permit holder, his or her employee, agent, partner, director, officer, stockholder
or manager has not within two (2) years of the date of the application knowingly
allowed or permitted any act of sexual intercourse, sodomy, oral copulation, or
masturbation to be committed or allowed in or upon the premises where such Sex
Oriented Business is to be located, or to be used as a place in which solicitations for
sexual intercourse, sodomy, oral copulation or masturbation openly occur. (Urg.3341-10/96,
3431-7/99)
(b) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish
written notice of the revocation to the Permit holder. Such notice shall summarize the
principal reasons for the revocation. (Urg.3341-10/96,3431-7/99)
(c) Upon receipt of written notice of revocation, if the Permit holder files within thirty (30) days
a petition for writ of mandate in state court to review the revocation, then the City shall not
enforce the revocation unless the Superior Court has denied the writ or the City has obtained
injunctive relief. (3431-7/99)
If Permit holder fails to file a writ of mandate within thirty(30) days of receipt of written
notice of revocation, the City shall enforce the revocation. (3431-7/99)
5.70.120 Revocation of a Sex Oriented Performer Permit. (3431-7/99)
(a) The Chief of Police shall revoke a Sex Oriented Performer Permit when: (3431-7/99)
(1) The applicant has made material misrepresentations or false or misleading statements in
the application; or (3431-7/99)
7/99
" Huntington Beach Municipal Code 5.70.120(a)(2)--5.70.160(a)
(2) The Permit holder is convicted of a felony or misdemeanor which offense is classified by
the state as an offense involving sexual crime against children, sexual abuse, rape,
distribution of obscene material or material harmful to minors, prostitution or pandering,
including, but not necessarily limited to, the violation of any crime requiring registration
under California Penal Code § 290, or any violation of Penal Code § 243.4, 261, 261.5,
264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through
311.10, inclusive, 314, 315, 316 or 647; or (3431-7/99)
(3) The Sex Oriented Performer has violated the requirements of this Chapter; or (3431-7/99)
(4) Permit holder has had a Sex Oriented Performer Permit or other similar license or permit
denied or revoked for cause by this city or any other jurisdiction located in or out of this
state within five (5) years prior to the date of application. (3431-7/99)
(5) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish
written notice of the revocation to the Permit holder. Such notice shall summarize the
principal reasons for the revocation. (3431-7/99)
(b) Upon receipt of written notice of revocation, if the Permit holder files within thirty(30) days
a petition for writ of mandate in state court to review the revocation, then the City shall not
enforce the revocation unless the Superior Court has denied the writ, or the City has obtained
injunctive relief. (3431-7/99)
(c) If Permit holder fails to file a writ of mandate within thirty (30) days of receipt of written
notice of revocation, the City shall enforce the revocation. (3431-7/99)
5.70.130 Rel4ulations Nonexclusive. The provisions of this article regulating Sex Oriented
Businesses are not intended to be exclusive and compliance therewith shall not excuse
noncompliance with any other regulations pertaining to the operation of businesses as adopted by
the City Council of the City of Huntington Beach. (Urg.3341-10/96)
5.70.140 Violation--Penalty. Any person violating the provisions of this chapter shall be guilty
of a MISDEMEANOR, punishable by a fine of five hundred dollars ($500) or by imprisonment in
the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
(Urg.3341-10/96)
5.70.150 Unlawful operation declared nuisance. Any Sex Oriented Business operated,
conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby
declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of
prosecuting a criminal action hereunder, commence an action or actions, proceeding or
proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. He
shall take such other steps and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate or remove such Sex Oriented Business and restrain and enjoin any
person from operating, conducting or maintaining a Sex Oriented Business contrary to the
provisions of this chapter. (Urg.3341-10/96)
5.70.160 Minors and Intoxicated Persons. (Urg.3341-10/96)
(a) It shall be a misdemeanor for any person under the age of eighteen (18) years or any
obviously intoxicated person to enter or remain on the premises of a Sex Oriented Business
at any time except as pursuant to California Penal Code Section 313.2. A sign giving notice
of this provision shall be prominently posted at each entrance to the premises of the Sex
Oriented Business. (Urg.3341-10/96,3431-7/99)
7/99
5.70.160(a)(1)--5.70.180 Huntington Beach Municipal Code
(1) Every person having responsibility for the operation of a Sex Oriented Business who,
with knowledge that a person is a minor, or who fails to exercise reasonable care in
ascertaining the true age of a minor, knowingly allows such minor to enter or remain on
the premises of the business is guilty of a misdemeanor. (Urg.3341-10/96)
(2) Every person having responsibility for the operation of a Sex Oriented Business who
allows any obviously intoxicated person to enter or remain on the premises of the
business is guilty of a misdemeanor. (Urg.3341-10/96)
(b) For purposes of this section, the holder of a Sex Oriented Business Permit when present on
the premises, and the manager or other person(s) in charge of the premises, are persons
having responsibility for the operation of the business. The term "minor" shall mean any
person under the age of eighteen (18) years. (urg.3341-10/96)
5.70.170 Employment of Persons Without Permits Unlawful.
(a) It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control
of a Sex Oriented Business which provides live entertainment depicting specified anatomical
areas or involving specified sexual activities to allow any person to perform such
entertainment who is not in possession of a valid, unrevoked Sex Oriented Performer Permit.
(Urg.3341-10/96,3431-7/99)
(b) The owner, operator, manager or permittee in charge of or in control of the Sex Oriented
Business which provides live entertainment shall provide proof of a valid Sex Oriented
Performer Permit for each individual engaged in live performance upon demand of a police
officer. Failure to provide proof is a violation of this chapter. (3431-7199)
5.70.180 Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this chapter or any part thereof. The City Council
hereby declares that it would have passed each Section, subsection, subdivision, paragraph,
sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or
ineffective. (urg.3341-10/96)
7/99
v
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective July 1 , 1999)
Please Remove from Code Please Add to Code
Chapter 17.02 Chapter 17.02
Chapter 17.04 Chapter 17.04
Chapter 17.08 Chapter 17.08
Chapter 17.12 Chapter 17.12
Chapter 17.40 Chapter 17.40
Chapter 17.44 Chapter 17.44
Chapter 17.46 Chapter 17.46
Chapter 17.48 Chapter 17.48
Chapter 17.56 Chapter 17.56
Chapter 17.60 Chapter 17.60
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Carrol Gibbons, Deputy City Clerk, Records Division
(714) 374-1632
Municipal Code is available on the Internet a as
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http-//www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
990701
Huntington Beach Municipal Code 17.02.010--17.02.030(§301.2.1[4])
Chapter 17.02
UNIFORM ADMINISTRATIVE CODE
(2431-7/80,2747-2/85,2763-6/85,2976-12/88,3022-12/89,3147-7/92,3304-12/95,3421-7/99)
Sections:
17.02.010 Adoption
17.02.020 Repealed 3022-12/89
17.02.030 Section 301--Permits
17.02.035 Permit Expiration
17.02.040 Fees
17.02.050 Repealed 3304-12/95
17.02.055 Subsection 309.1 amended--Use or occupancy
17.02.060 Section 309.4 amended--Temporary certificate
17.02.010 Adoption. There is hereby adopted by the City Council by reference that certain
code known as the Uniform Administrative Code, compiled by the International Conference of
Building Officials, being particularly the 1997 edition thereof, and the whole thereof except as
herein provided. Such code, and amendments thereto, is hereby adopted and incorporated,
pursuant to California Government Code §50022.2 et seq. and Health and Sam Code §18941.5,
as fully as though set forth at length herein, to serve as the administrative, organizational and
enforcement rules and regulations for the technical codes which regulate the site preparation and
construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures
and building service equipment in the city of Huntington Beach, and repealing all ordinances and
parts of ordinances in conflict herewith. 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. (2431-7/80,2747-2/85,2976-12/88,3022-12/89, 3147-7/92,
3304-12195,3421-7/99)
17.02.030 Section 301 Permits. Section 301 of the Uniform Administrative Code is hereby
amended to read as follows: (3421-7/99)
§ 301 Permits. (3421-7/99)
§ 301.1 Permits Required. Except as specified in Section 301.2, no building, structure or
building service equipment regulated by this code and the technical codes shall be erected,
constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished
unless a separate, appropriate permit for each building, structure or building service equipment
has first been obtained from the building official. (3421-7/99)
§ 301.2 Work Exempt From Permit. A permit shall not be required for the types of work in each
of the separate classes of permit as listed below. Exemption from the permit requirements of this
code shall not be deemed to grant authorization for any work to be done in violation of the
provisions of the technical codes or any other laws or ordinances of this City. (3304-12/95)
§ 301.2.1 Building Permits. A building permit shall not be required for the following: (3304-12/95)
1. One-story detached accessory buildings used as tool and storage sheds, playhouses, private
lathhouses, glasshouses, pagodas, gazebos and similar structures and uses, provided the
floor area does not exceed one-hundred and twenty (120) square feet. (2976-12/88,3304-12/95,
3421-7/99)
2. Fences not over forty-two (42) inches high or architectural features not exceeding 6'0" and
not within required zoning setbacks. (3304-12/95,3421-7/99)
3. Oil derricks and tanks. (3147-7/92,3304-12/95)
4. Movable cases, counters and partitions not over five-foot nine (5'9") inches high. (2976-12/88,3304-12/95)
7199
9
17.02.030(§301.2.1[5])--17.02.030(§301.2.2[2] Huntington Beach Municipal Code
5. Retaining walls which do not support over two (2) feet of earth, unless supporting a
surcharge or impounding flammable liquids. (3304-12195)
6. Water tanks supported directly upon grade if the capacity does not exceed five thousand
(5000) gallons and the ratio of height to diameter or width does not exceed two to one.
(3304-12/95)
7. Platforms, walks and decks not more than thirty (30) inches above grade and not over any
basement or story below. (2976-12/88,3022-12/89,3304-12/95)
8. Painting, papering, flooring, wall hangings and similar finish work. (3304-12/95,3421-7/99)
9. Temporary motion picture,television and theater stage sets and scenery. (3304-12/95)
10. Window awnings supported by an exterior wall of Group R, Division 3, and Group M
occupancies when projecting not more than fifty-four(54) inches.
11. Prefabricated swimming pools accessory to a Group R, Division 3 occupancy in which
the pool walls are entirely above the adjacent grade and if the capacity does not exceed
five thousand (5000) gallons. (3304-12/95)
12. Flag poles, light poles and TV dishes in connection with a Group R, Division 3
occupancy and not exceeding fifteen(15) feet zero inches in height. (3022-12/89,3304-12/95)
13. Playground equipment and similar type recreational structures. (3022-12/89,3304-12/95)
14. Residential cabinets and counter tops within a dwelling unit. (3147-7/92, 3304-12/95,3421-7/99)
15. Re-roofing an area smaller than 100 square feet while satisfying all applicable application
requirements. (3304-12195)
16. Replacement doors and windows when the waterproof membrane is not altered and
emergency egress dimensions are equal to or better than the original permitted layout.
(3304-12/95)
17. Residential driveways. (3304-12/95)
18. New roof penetrations less than 14" by 14" when no framing modifications or additions
are required. (3304-12/95)
Unless otherwise provided by this code, separate plumbing, electrical and mechanical permits
will be required for the'above-exempted items.
§ 301.2.2. Plumbing Permits. A plumbing permit will not be required for the following:
1. The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should
any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes
necessary to remove and replace the same with new material, the same shall be
considered as new work and a permit shall be procured and inspection made as provided
in this code. (3304-12/95)
2. The clearing of stoppages or the repairing of leaks in pipes,valves or fixtures, nor for the
removal and reinstallation of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes or fixtures. (3304-12/95)
7/99
Huntington Beach Municipal Code 17.02.030(§301.2.2[31--17.02.030(§301.2.4)
3. Repair or replacement of any plumbing fixture or appliance of the same type and size and
in the same location. Exception: Electric and fuel gas water heaters. (3304-12/95,3421-7/99)
4. Replacement of any component part of an appliance or fixture which does not alter its
original approval and complies with other applicable requirements of the technical codes.
(2431-7180,2747-2/85,3304-12/95)
§ 301.2.3. Electrical Permits. An electrical permit shall not be required for the following:
(3304-12195)
1. Portable motors or other portable appliances energized by means of a cord or cable
having an attachment plug end to be connected to an approved receptacle when that cord
or cable is permitted by the electrical code. (3304-12/95)
2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the
same type and rating in the same location. (3304-12/95)
3. Temporary decorative lighting. (3304-12/95)
4. Repair or replacement of current-carrying parts of any switch, contactor or control device.
(3304-12/95)
5. Reinstallation of attachment plug receptacles, but not the outlets therefor. (3304-12/95)
6. Repair or replacement of any overcurrent device of the required capacity in the same
location. (3304-12/95)
7. Repair or replacement of electrodes or transformers of the same size and capacity for
signs or gas tube systems. (3304-12/95)
8. Taping joints. (3304-12/95)
9. Removal of electrical wiring. (3304-12/95)
10. Temporary wiring for experimental purposes in suitable experimental laboratories.
(3304-12195)
11. The wiring for temporary theater, motion picture or television stage sets. (3304-12195)
12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than
twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.
(3304-12/95)
13. Low-energy power, control and signal circuits of Classes II and III as defined in the
electrical code. (3304-12/95)
14. A permit shall not be required for the installation, alteration or repair of electrical wiring,
apparatus or equipment or the generation, transmission, distribution or metering of
electrical energy or in the operation of signals or the transmission of intelligence by a
public or private utility in the exercise of its function as a serving utility. (3304-12/95)
15. Portable generators. Exception: Vehicle mounted units. (3421-7/99)
§ 301.2.4. Mechanical Permits. A mechanical permit shall not be required for the following: (3304-12/95)
7/99
a
17.02.030(§301.2.4[1]--17.02.040(§304.2) Huntington Beach Municipal Code
1. Any portable heating appliance. (3304-12/95)
2. Any portable ventilating equipment. (3304-12/95)
3. Any portable cooling unit. (3304-12/95)
4. Any portable evaporative cooler. (3304-12/95)
5. Any closed system of steam, hot or chilled water piping within any heating or cooling
equipment regulated by the mechanical code. (3304-12/95)
6. Replacement of any component part of assembly or an appliance which does not alter its
original approval and complies with other applicable requirements of the technical codes.
(3304-12/95)
7. Any refrigerating equipment which is part of the equipment for which a permit has been
issued pursuant to the requirements of the technical codes. (3304-12/95)
8. Any unit refrigerating system as defined in the mechanical code. (3304-12/95)
17.02.035 Permit Expiration. The Uniform Administrative Code Section 303.4 is amended to
read as follows: (3421-7/99)
§ 303.4 Expiration. Every permit issued by the building official under the provisions of the
technical codes shall expire by limitation and become null and void, if the building or work
authorized by such permit is not commenced within 180 days from the date of such permit, or if
the building or work authorized by such permit is suspended or abandoned at any time after the
work is commenced for a period of 180 days. Work shall be considered suspended or abandoned if
substantial approval of one of the required progress inspections is not accomplished every 180
days. Before such work can be recommended, a new permit shall be first obtained to do so, and
the fee therefor shall be one half the amount required for a new permit for such work, provided no
changes have been made or will be made in the original plans and specifications for such work;
and provided further that such suspension or abandonment has not exceeded one year. In order to
renew action on a permit after expiration,the permittee shall pay a new full permit fee. (3421-7199)
A permittee holding an unexpired permit may apply for an extension of the time within which
work may commence under that permit when the permittee is unable to commence work within
the time required by this section for good and satisfactory reasons. The building official may
extend the time for action by the permittee for a period not exceeding 180 days upon written
request by the permittee showing that circumstances beyond the control of the permittee have
prevented action from being taken. Permits shall not be extended more than once. (3421-7/99)
17.02.040 Fees. Section 304 of the Uniform Administrative Code is amended to read as
follows:
§ 304 -- Fees
§ 304.1 -- General. The fee for each permit shall be as established by resolution of the City
Council. (3022-12/89,3304-12/95)
§ 304.2 -- Permit Fees. The fee shall be paid at permit issuance. The standard for determination
of value or valuation under any of the provisions of these codes shall be made by the building
official. The valuation is based on the most recent Building Valuation Data as printed in the
Building Standards Magazine published by the International Conference of Building Officials
and local cost of construction. The value to be used in computing the building permit and
7/99
Huntington Beach Municipal Code 17.02.040(§304.2)-17.02.040(§304.8[1])
building plan review fees shall be the total value of all construction work for which the permit is
issued as well as all finish work,painting,roofing, electrical,plumbing, heating, air conditioning,
elevators, fire-extinguishing systems and any other permanent equipment. (3022-12/89,3147-7/92,
3304-12/95,3421-7/99)
§ 304.3 -- Plan Review Fees. When a plan or other data is required to be submitted by § 302.2, a
plan review fee shall be paid. This fee shall be paid at the time of submitting plans and
specifications for plan review. Said plan review fees shall be as established by resolution of the
City Council. (3022-12/89,3147-7/92,3304-12/95)
When submittal documents are incomplete or changed so as to require additional plan review or
when a project involves deferred submittal items as defined in § 302.4.2, an additional plan
review fee shall be charged. (3304-12/95)
§ 304.4 -- Expiration Of Plan Review. Applications for which no permit is issued within 180
days following the date of application shall expire automatically, and plans and other data
submitted for review may thereafter be returned to the applicant or destroyed by the building
official. The building official may extend the time for action by the applicant in increments of
180 days subject to the following conditions: (3022-12/89,3304-12/95)
(1) The applicant shall submit a written request every one-hundred and eighty (180) days
stating the reason for such extension, accompanied by a plan review extension fee,
established by resolution of the City Council.
(2) Any plans that remain in plan review over three-hundred and sixty (360) days shall be
revised to meet all requirements in existence at the time the permit is issued.
(3) Any alterations to the plan shall be reviewed by plan review personnel on an hourly fee as
established by resolution of the City Council.
(4) Under no conditions may a plan remain in plan review over seven-hundred and twenty
(720)days.
§ 304.5 -- Investigation Fees--Work Without A Permit. Where work for which a permit is
required by this code is started or proceeded with prior to obtaining said permit, the total permit
fee shall be the standard permit fee plus an investigation fee established by resolution of the City
Council. The payment of the investigation fee shall not exempt any person from compliance
with the provisions of this code or from any other penalty prescribed by law. (3022-12/89,3304-12/95)
§ 304.6 -- 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 or 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. (3022-12/89,3304-12/95)
§ 304.7 -- Certificate Of Occupancy Fee. Whenever an application is made for a certificate of
occupancy, a processing fee for the certificate of occupancy in an amount established by
resolution of the City Council shall be paid to the City. This fee shall be in addition to all other
required fees. If subsequent review of the application shows that the certificate of occupancy
cannot be issued, the fee shall be retained by the City as a processing fee. (3022-12/89,3304-12/95)
§ 304.8 -- Fee Refunds. (3022-12/89,3304-12/95,3421-7/99)
1. The building official may authorize the refund of any fee paid hereunder which was
collected erroneously or has special circumstances. (3421-7/99)
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0
17.02.040(§304.8[2])--17.02.060(§309.4[4(c)]) Huntington Beach Municipal Code
2. Except for a processing fee, the building official shall authorize the refund of a plan
check fee when an application for a permit for which a plan check fee was paid is
withdrawn or canceled before any plan review is done.
3. When no work has commenced under a permit issued in accordance with this code and
such permit is less than 180 days old, the building official shall authorize the refund of all
fees except processing, plan check and conservation fees.
The building official shall not authorize the refund of any fee paid except upon written request of
the original applicant or permittee not later than 180 days after the date of fee payment. (3421-7/99)
17.02.055 Subsection 309.1 amended--Use or occupancy. Subsection 309.1 of§ 309 of the
Uniform Administrative Code is hereby amended to read as follows: (3304-12/95)
§ 309.1--Use or Occupancy. Buildings or structures shall not be used or occupied nor shall a change
in the existing occupancy classification of a building or structure or portion thereof be made until the
building official has issued a certificate of occupancy therefor as provided herein. (3421-7/99)
Exception: Group R, Division 1 & 3 (except Hotels and Motels) and U occupancies.
(3304-12/95,3421-7/99)
Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this code or of other ordinances of the jurisdiction.
Certificates presuming to give authority to violate or cancel the provisions of this code
or of other ordinances shall not be valid. (3304-12/95,3421-7/99)
17.02.060 Section 309.4 amended--Temporary certificate. Subsection 309.4 of section 309 of
the Uniform Administrative Code is hereby amended to read as follows: (3304-12/95)
§ 309.4 Temporary Certificate. The building official may issue a temporary certificate of
occupancy, and authorize the release of utilities and the occupancy of a building or structure, or
portion thereof, prior to the completion of a building or development project, upon receipt of a
written request and approval of affected departments, subject to the following: (3304-12/95,3421-7/99)
(1) The building official has determined that no substantial hazard exists to life or property. (3421-7/99)
(2) A cash deposit to guarantee completion of required improvements has been deposited with
the City in an amount equal to one-hundred and fifty (150) percent of the estimated cost to
complete such improvements, as determined by the affected department. (3421-7/99)
(3) Payment of a non-refundable, certificate fee, established by resolution of the City Council.
(4) 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 specified but not longer than ninety (90) days. If there are special
circumstances, the building official may authorize a longer specified time. (3421-7/99)
(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 of the applicant
and such cost shall include reasonable administrative costs incurred by the City when
such work covered by the deposit is completed by the City.
7/99
Huntington Beach Municipal Code 17.02.060(§309.4[4(d)])--17.02.060(§309.4[5])
(d) REFUND OF CASH DEPOSIT. If the improvements required are completed within the
time specified in the agreement or as extended, the affected department shall authorize
the refund of the deposit. (3421-7/99)
(5) The building official may revoke the temporary occupancy certificate upon failure to comply
with the terms and provisions of the agreement. (2431-7/80,2747-2/85,3421-7/99)
7/99
Huntington Beach Municipal Code 17.04.010--17.04.064
Chapter 17.04
BUILDING CODE
(375-8/34,530-5/48,592-12/52, 869-9/61, 1064-7/64,1139-5/65, 1331-7/67,1626-2/71, 1935-11/74,2027-1/76,2431-7/80,
2747-2/85,2787-9/85,2875-11/86,2976-12/88,Urg.Ord.3006-6/89,3004-8/89,3022-12/89,3147-7/92,3260-11/94,3261-11/94,
3305-12/95,3422-7/99)
Sections:
17.04.010 Title
17.04.020 Adoption
17.04.030 Chapter 1 deleted
17.04.040 (Repealed, Ord 3147-7/92)
17.04.050 (Repealed, Ord 3147-7/92)
17.04.055 (Provisions moved to the Housing Code)
17.04.060 Minimum Slab Thickness
17.04.064 Wood Shakes and Wood Shingles
17.04.070 Automatic Fire-extinguishing Systems
17.04.075 (Repealed, Ord 3422-7/99)
17.04.080 Building security
17.04.085 Methane District Regulations
17.04.090 Amendments to appendices
17.04.095 Appendix Chapter 15
17.04.100 (Repealed, Ord 3260-11/94)
17.04.110 (Repealed, Ord 3260-11/94)
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 the Building Code. (1935-11/74,2027-1/76,2431-7/80,
2747-2/85,3422-7/99)
17.04.020 Adoption. There is hereby adopted by the City Council by reference that certain
code known as the 1998 California Building Code, and the whole thereof, including appendices
thereto except as hereinafter provided. Such code, and amendments thereto, are hereby adopted
and incorporated, pursuant to California Government Code §50022.2 et seq., and Health and
Safety Code § 18941.5, as fully as though set forth at length herein, 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 of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict
herewith. From the date on which this chapter takes effect the provisions of such code, together
with amendments thereto shall be controlling within the corporate limits of the City of
Huntington Beach. (375-8/34,530-5/48,592-12/52,859-9/61, 1064-7/64, 1139-5/65, 1331-7/67, 1626-2/71,2027-1/76,
2431-7/80, 2747-2185,2976-12/88,3022-12/89,3147-7/92,3305-12/95,3422-7/99)
17.04.030 Chapter 1 of the Building Code is hereby deleted. (2431-7/80,2747-2/85,3305-12/95,3422-7/99)
17.04.060 § 1900.4.4 amended--Minimum Slab Thickness. § 1900.4.4 of the Building Code
is amended to read as follows: (3305-12/95,3422-7/99)
1900.4.4. All concrete floor slabs on grade shall have a minimum net thickness of 3 1/2
inches, and shall be provided with minimum reinforcing equal to 6 x 6-W1.4 x W1.4 welded
fabric. When such slabs are to be covered with carpet or any floor covering they shall be
separated from the ground by two (2) inches of clean sand over an approved vapor barrier.
(2027-1/76,2431-7/80,2747-2/85,2976-12/88, 3305-12/95,3422-7/99)
17.04.064 Wood Shakes and Wood Shingles. § 1503 of the Building Code is amended to read as
follows: § 1503 - Roofing Requirements. The roof covering or roofing assembly on any structure
regulated by this code shall be as specified in Table 15-A and as classified in Section 1504.
Noncombustible roof covering as defined in Section 1504.2 may be applied in accordance
7/99
17.04.064--17.04.080(§3605[a]) Huntington Beach Municipal Code
with the manufacturer's requirements in lieu of a fire-retardant roofing assembly. (3022-12/89, °
3127-7/92,3422-7/99)
Exception: Wood shake and wood shingle roofing assemblies shall have a minimum Class C
fire-retardant rating. (3422-7/99)
Roofing shall be secured or fastened to the supporting roof constructions and shall provide
weather protection for the building at the roof. (3422-7/99)
17.04.070 § 904.2 amended--Automatic Fire-Extinguishing Systems. § 904.2 of the
Building Code is modified by adding the following to subsection 904.2.1 to read as follows:
(3022-12/89,3305-12/95,3422-7/99)
904.2.1 For amended sprinkler requirements, see Huntington Beach Municipal Code, Chapter
17.56 of this code. (2027-1/76,2431-7/80,2747-2/85,3022-12/89,3305-12/95,3422-7/99)
17.04.080 Chapter 36 added--Building security. The Building Code is hereby amended by
adding thereto new Chapter 36 entitled, "Building Security,"to read as follows: (3022-12/89,
3305-12/95,3422-7/99)
§ 3601. Purpose. The purpose of this chapter is to establish minimum standards of construction
for protection against unlawful entry. (3305-12/95)
& 3602. Alternative security provisions. When approved by the building official, site security
systems may be provided in lieu of the specific security provisions of section 3608,
'Garages--Multiple dwellings.' (3022-12/89,3305-12/95,3422-7/99)
3603. Definitions. For the purpose of this chapter, certain terms used herein are defined as
f011OWS: (3305-12/95,3422-7/99)
'Cylinder guard' means a hardened ring surrounding the exposed portion of the lock 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 level, and is positively held fast when in the projected position.
'Latch' means a device for automatically holding a door shut after being closed.
'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.
§ 3604. Entry vision. All main or front entry doors to R occupancies shall be arranged so that the
occupant has a view of the area immediately outside 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. (3305-12/95,3422-7/99)
3605. Doors. (3305-12/95,3422-7/99)
(a) 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.
7199
Huntington Beach Municipal Code 17.04.080(§3605[b])--17.04.080(§3605[c])
(b) Swin>ing doors.
(1) Swinging wooden doors which can be opened from the inside without using a key shall
be of solid core construction. Lights in doors shall be as set forth in this chapter.
(3022-12/89)
(2) 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, designed 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 which requires no key, special knowledge or effort.
(3) A straight dead bolt shall have a minimum throw of one (1) inch and the embedment shall
be not less than five-eighths (5/8) inch into the holding device receiving the projected
bolt. All dead bolts of locks which automatically activate two (2) or more dead bolts
shall embed at least one-half(1/2) inch but need not exceed three-fourths (3/4) inch into
the holding devices receiving the projected bolts. (3022-12/89)
(4) A deadlocking latch shall be provided with a bolt projecting not less than five-eighths
(5/8) inches from the edge of the door in which it is installed.
(5) The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped
with a dead bolt or dead bolts as set forth in subsection (b)(2) 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 disengaged 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(1/2) inch into the device receiving the projected bolt may be
used when not prohibited by the Building Code or other laws and regulations.
(6) Doorstops on wooden jambs for in-swinging doors shall be of one piece construction with
the jamb or joined by a rabbet.
(7) Nonremovable pins shall be used in pin-type hinges which are accessible from the outside
when the door is closed.
(8) 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 when otherwise
accessible to gripping tools.
(9) Unframed glass doors shall be of fully tempered glass not less than one-half(1/2) inch
thick.
(10) Narrow-framed glass doors shall be of fully tempered glass not less than one-quarter(1/4)
inch thick.
(c) Sliding glass doors. Sliding glass doors shall be equipped with locking devices.
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. (3305-12/95)
7/99
17.04.080(§3606)--17.04.085(§5502[8]) Huntington Beach Municipal Code
§ 3606. Windows, Skylights and similar openings. (3422-7/99)
(a) General. Windows, skylights, or other similar openings shall be constructed, installed and
secured as set forth in this section when located less than sixteen (16) feet above any surface
available for use by the public. (2976-12/88,3022-12/89,3422-7199)
(b) Materials. Only fully-tempered glass or approved metal bars, screens, or grills shall be used
for any opening in which glass is utilized which is located within forty (40) inches of the
locking device on a door. (3305-12195)
(c) Locking devices. All windows which are designed to be opened shall be provided with
locking devices. (3305-12/95)
3607. Other openings. (3305-12/95,3422-7/99)
(a) General. Openings other than doors and windows which are utilized in dwelling units or
portions of buildings the bottoms of which are less than sixteen (16) feet above a surface
available for use by the public, shall be constructed as set forth in this section. (2976-12188)
(b) Hatchways, scuttles and similar openings.
(1) Hatchways shall be solid wood or material with equivalent strength and secured from the
inside with a slide bar, slide bolts, and/or padlock with hardened steel shackle, and
non-removable pins shall be used in all outside pin-type hinges. (3305-12/95)
(2) All other openings in excess of ninety-six (96) square inches with a dimension in excess
of eight (8) inches shall be secured by metal bars, screens, or grills in an approved
manner.
§ 3608. Garages--Multiple dwellings. Whenever a development includes three (3) or more
dwelling units, all covered parking required by other provisions of the Huntington Beach
Ordinance Code shall be provided by fully-enclosed garages. Garage space for each tenant shall
be separated by partitions of three-eighths (3/8) inch plywood or any approved equivalent with
studs set not more than twenty-four (24) inches apart on one side. Doors and windows in such
garages shall be constructed, equipped and secured as required by this chapter. (2027-1/76,2431-7/80,
2456-11/80,2747-2/85,2787-9/85,3022-12/89,3305-12/95,3422-7/99)
17.04.085 Methane District Regulations. The Building Code is hereby amended by adding
thereto new Chapter 55 entitled "Methane District Regulations"to read as follows:
(3004-8/89,3022-12/89,3422-7/99)
§ 5501. Purpose. Thisbivision sets forth the minimum requirements of the City of Huntington
Beach for new building construction in the defined methane overlay districts. It is also the
purpose of this chapter to reduce the hazards presented from accumulations of methane gas by
requiring the appropriate testing and mitigation measures for all new buildings in the methane
overlay districts.
� 5502. Definitions. For the purposes of this division, the following definitions shall also be
applied.
A. Flammable Gas shall mean any gaseous substance capable of sustaining combustion or
explosion.
B. Gas Detection Svstem shall mean one or more electrical devices capable of continuous
monitoring for the presence of flammable gasses and containing an audible alarm capable of
alerting occupants that a hazardous atmosphere exists. A part of the system shall be subject
to building the system and all devices which are department and fire department approved.
7/99
Huntington Beach Municipal Code 17.04.085(§5502[C])--17.04.085(§5506)
C. Methane Gas shall mean the hydrocarbon substance commonly known as "natural gas,"
chemical formula CH4. For the purposes of definition in this chapter,natural gas from the
distribution system of a utility company is exempted and excluded from the scope of the
application of the provisions of this chapter.
D. Methane Gas Overlay District shall mean those districts within the City of Huntington Beach
as defined in Section 5503.
E. Qualified Engineer shall mean a civil engineer currently registered in the State of California
and possessing experience in the design of subsurface gas control systems.
F. Vent System shall mean a system or device which gathers or collects flammable gasses and
releases these gasses in a specified manner and location.
5503. Overlay Districts. Boundaries of the districts set forth herein are measured from
centerline to centerline of indicated streets unless otherwise described, and are graphically
depicted by the copy of the map designated"Methane Overlay Districts,"which is on file with
the Fire Department. (3422-7/99)
The Methane District boundaries are as follows. Note that the directions of north, south, east,
west, and similar directions are general in nature only.
District One: Saybrook Lane south from Edinger Avenue to Davenport Drive to Algonquin
Street, south on Algonquin Street to Warner Avenue, east on Warner Avenue to Bolsa Chica
Street, north on Bolsa Chica Street to Edinger Avenue, west on Edinger Avenue to Saybrook
Lane.
District Two: All land on both sides of Pacific Coast Highway northwest from the City
Boundary at the Santa Ana River to the City Boundary at the Bolsa Chica Bluffs, then following
the City Boundary northeast to Edwards Street, Edwards Street north to Slater Avenue, Slater
Avenue east to Gothard Street, Gothard Street south to Ellis Avenue, Ellis Avenue east to
Newland Street,Newland Street south to Adams Avenue, Adams Avenue east to the City
Boundary at the Santa Ana River, City Boundary south along the Santa Ana River to Pacific
Coast Highway.
§ 5504. Plan Required. All proposed subdivisions, divisions of land, developments of property,
and new buildings within the methane overlay districts shall be reviewed by the Fire Department.
The Fire Chief may require a plan for the testing of site soils for the presence of methane gas.
Such plan shall be subject to the approval of the Fire Department, and may include, but shall not
be limited to, hammer probes, pneumatically driven probes, and core hole samples with
monitoring for the presence of methane gas. The Fire Chief may require other actions as deemed
necessary to insure the'safety of the development or building site.
5505. Testing Required. Testing for the presence of methane gas shall be required to be
carried out in accordance with the approved plan. Results of such testing shall be submitted to
the Fire Department for review and analysis.
§ 5506. Mitigation Required. Anomalously high levels of methane gas in the near surface or
subsurface soil layers may require mitigation before any grading, development, or building
construction is allowed to take place. Such mitigation may include, but is not limited to, the
venting of abandoned oil wells, underground gathering and collection systems for gasses, vent
systems, and flared vent systems. Other systems, devices, or components may be required as
deemed necessary by the Fire Chief in order to insure the safety of the development and
buildings.
7/99
17.04.085(§5506)--17.04.095 Huntington Beach Municipal Code
If the mitigation measure does not reduce the soil concentrations of methane to an acceptable
level, or if other contaminants are present in the methane at a level which poses a threat to health
and safety, further development may be halted until such time as the site is rendered safe from /
these hazards.
§ 5507. Isolation Barriers Required. New buildings which fall under the provisions and
requirements of this article may require the installation of a continuous, flexible, permanent, and
non-permeable barrier, and shall be a type approved by the Fire Department. (3422-7/99)
§ 5508. Access. All methane gas mitigation systems required by this article shall be made
accessible to city personnel for the purposes of monitoring, maintenance, and evaluation for
effectiveness.
& 5509. Areas Outside of Established Methane Overlay District Boundaries. Upon the
determination of the Fire Department that hazard may exist from methane intrusion at a
geographical location or area outside the boundaries established in Section 5503 above, the Fire
Department may enforce any or all of the provisions of this article as deemed necessary by the
Fire Chief to preclude potential hazards from fire or explosion from methane gas accumulations.
§ 5510. Additional Remedial Measures. If the concentration of flammable gas in any building
in the City reaches or exceeds twenty-five percent (25%) of the minimum concentration which
form an ignitable mixture with air at ambient temperature and pressure, the owner of such
building shall hire a qualified engineer to investigate, recommend, and implement mitigating
measures. Such measures shall be subject to the approval of the Fire Department. (3422-7/99)
17.04.090 Amendments to appendices. The Building Code is hereby amended by deleting
from the appendices Chapter 3-Div. III & IV, 4, 9, 10, 11, 12-Div. I & 11, 13, 16 -Div. I, 11, & III
19, 21, 23, 29, 30, 33, 34. (2431-7/80,2747-2/85,2976-12/88,3022-12/89,3147-7/92, 3261-11/94,3305-12/95,
3422-7/99)
17.04.095 Appendix Chapter 15, § 1516. Subsection 1516.3.(1) entitled Asphalt Shingles - is
hereby amended to not allow more than one (1) overlay of asphalt shingle over the existing
roofing system unless structural calculations are submitted to justify the additional weight.
(3147-7/92,3305-12/95,3422-7/99)
7/99
Huntington Beach Municipal Code 17.08.010--17.08.025
Chapter 17.08
HOUSING CODE
(1424-7/68, 1627-2171,2431-7/80,2747-2/85,2976-12/88,3022-12/89,3035-3/90,3147-7192,3306-12/95,3423-7/99)
Sections:
17.08.010 Title
17.08.020 Adoption
17.08.025 Fire Protection
17.08.030 (Repealed - 3022-12/89)
17.08.040 (Repealed - 3035-3/90)
17.08.010 Title. This Uniform Housing Code shall be known as and referred to as the
"Huntington Beach Housing Code." (1935-11/74,2431-7/80,2474-2/85,3022-12/89)
17.08.020 Adoption. There is adopted by the City Council by reference that certain code
known as the Uniform Housing Code, 1997 edition, and the whole thereof except as hereafter
provided. 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; and to provide penalties for the violation thereof, and repealing all ordinances and parts of
ordinances in conflict herewith. Such code is adopted and incorporated as fully as though set out
at length herein, as provided by California Government Code sections 50022.2 et seq., and
Health and Safety Code §18941.5. 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. (1424-7/68, 1627-2/71,2431-7/80,2747-2/85,2976-12/88,
3022-12/89,3147-7/92, 3423-7/99)
17.08.025 Fire Protection. Chapter 9 is hereby amended to add §902 to read as follows: (3423-7/99)
§902 Smoke Detectors. As originally provided by Urgency Ordinance 3006 adopted 6/89, all
Group R Division 3 occupancies shall have smoke detectors installed in conformance with the
requirements of the Huntington Beach Municipal Code. (3423-7/99)
7/99
Huntington Beach Municipal Code 17.12.010-17.12.010
Chanter 17.12
DANGEROUS BUILDINGS CODE
(1332-7/66, 1629-2/71, 1883-1/74,2149-2/77,2431-7/80,2747-2/85,2976-12/88,3022-12/89,3147-7/92,3307-12/95,3424-7/99)
Sections:
17.12.010 Adoption
17.12.020 Repealed Ord 3307-12/95
17.12.030 Repealed Ord 3307-12/95
17.12.010 Adoption There is hereby adopted by the City Council by reference that certain code
known as the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, and the
whole thereof, save and except such portions as are hereinafter deleted, modified, or amended,
for the purpose of providing a just, equitable and practicable method, to be cumulative and in
addition to any other remedy provided by the California Building Code, 1998 edition, or
Uniform Housing Code, 1997 edition, or otherwise available at law, whereby buildings or
structures which from any cause endanger the life, limb, health, morals, property, safety or
welfare of the general public or their occupants, may be required to be repaired, vacated or
demolished; providing penalties for the violation of such code, and repealing all ordinances and
parts of ordinances in conflict therewith, and the same is hereby adopted and incorporated as
fully as though set out at length herein, as provided by California Government Code § 50022.2 et
seq., and Health and Safety Code §18941.5. 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. (1332-7/66, 1629-2/71, 1883-1/74,2431-7/80,2747-2/85,
2976-12188, 3022-12/89,3147-7/92,3307-12/95,3424-7/99)
7/99
Huntington Beach Municipal Code 17.40.010-17.40.060
Chapter 17.40
MECHANICAL CODE
(1408-5/68, 1628-2/71, 1938-10/74,2172-3/77,2235-12/77,2282-5/78,2337-1/79,2431-7/80,2747-2/85,
2976-12/88,3022-12/89,3147-7/92,3312-2/96,3425-7/99)
Sections:
17.40.010 Adoption
17.40.020 Title
17.40.030 (Repealed - Ord. 3425 - 7/99)
17.40.040 Commercial Kitchen Hoods
17.40.050 Operating Permit
17.40.060 Maintenance Inspection
17.40.010 Adoption. There is hereby adopted by the City Council by reference that certain
code known as the 1998 California Mechanical Code, and the whole thereof, including
appendices except as hereinafter provided but excluding chapters 1 and 14 thereof. Such code,
and amendments thereto, is hereby adopted and incorporated, pursuant to California Government
Code §50022.2 et seq., and Health and Safety Code §18941.5, as fully as though set forth at
length herein, for the purpose of protecting public health and safety by prescribing by minimum
standards for the use, design and installation of heating, ventilating, comfort-cooling equipment
and refrigeration systems;by requiring a permit and inspection for the installation, alteration and
replacement of said equipment. From the date on which this chapter takes effect, the provisions
thereof shall be controlling within the corporate limits of the City of Huntington Beach.
(1938-10/74,2172-3/77,2431-7/80,2747-6/85,2976-12/88,3022-12/89,3147-7/92,3312-2/96,3425-7/99)
17.40.020 Title. This chapter shall be known as the "Huntington Beach Mechanical Code," may
be cited as such, and will be referred to herein as "this code." (1408-5/68, 1628-2/71, 1938-10/74,
2431-7/80,2747-6/85)
17.40.040 Commercial Kitchen Hoods. §508.1 is hereby amended by adding the following
exception:
§508.1 Exception. A hood will not be required where the only warming appliance in the
establishment consists of an enclosed electric convection oven having a capability of reaching a
maximum temperature of 350' F. The oven must be listed by an approved testing agency and
approved by the Orange County Health Department. (3147-7/92,3312-2/96,3425-7/99)
17.40.050 Operating Permit. §1027 is hereby amended to read as follows:
§1027 Operating Permit. It shall be unlawful to operate a boiler or pressure vessel without first
obtaining a valid operating permit from the State of California when required by the California
State Boiler Safety Orders.
17.40.060 Maintenance Inspection. §1028 is hereby amended to read as follows:
§1028 Maintenance Inspection. All boilers and pressure vessels that require an operating permit
from the State of California shall be inspected annually by an authorized state commissioned
boiler inspector.
7/99
Huntington Beach Municipal Code 17.44.010--17.44.095
Chapter 17.44
PLUMBING CODE
(1409-5/68, 1630-2/71, 1937-10/74,2089-8176,2282-5/78,2337-1/79,2431-7/80,2747-2/85,2976-12/88,3022-12/89,3147-7/92,
3309-12/95,3426-7/99)
Sections:
17.44.010 Adoption
17.44.020 Title
17.44.025 Disposal of liquid waste
17.44.030 (Repealed - 3022-12/89)
17.44.035 Materials
17.44.040 (Repealed - 3022-12/89)
17.44.050 (Repealed - 3022-12/89)
17.44.060 (Repealed - 3147-7/92)
17.44.070 (Repealed - 3147-7/92)
17.44.080 (Repealed - 3147-7/92)
17.44.090 (Repealed - 3022-12/89)
17.44.095 Gas Piping Protective Coatings
17.44.100 (Repealed - 3309-12/95)
17.44.010 Adoption. There is hereby adopted by the City Council by reference that certain code
known as the 1998 California Plumbing Code, and the whole thereof, except as hereafter provided,
including the standards but excluding Appendix G and Chapter 1, "Administration." Such code, and
amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code
§ 50022.2 et seq., and Health and Safety Code § 18941.5 as fully as though set forth at length herein
for the purpose of prescribing regulations governing the installation, alteration, repair and
maintenance of plumbing and drainage systems. 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. (1937-10/74,2089-8/76,2431-7/80,2747-2/85,2976-12/88,
3022-12/89,3147-7/92,3426-7/99)
17.44.020 Title. This chapter shall be known as the "Huntington Beach Plumbing Code," may be
cited as such, and will be referred to herein as "this code." (1409-5/68, 1630-2/71, 1937-10/74,2431-7/80,
2747-2/85,2976-12/88)
17.44.025 Disposal of liquid waste. § 303.0 is hereby amended by adding the following: Toilet
facilities required: No person shall commence or proceed with the erection, construction, alteration,
repair, raising, adding to, removal or demolition of any building or structure, unless adequate, suitable
sanitary toilet facilities under the control of such person are provided for the use of any person
employed or working upon such building or structure. Such toilet facilities shall be located upon or
within a reasonable distance of the lot, premises, or site upon which such work is being done. In no
case shall the line of travel to any toilet facility exceed 500 feet. (3147-7/92)
17.44.035 Materials. Subsection 701.1.2 § 701, is hereby amended to read as follows: (3309-12/95)
§ 701.1.2--ABS and PVC DWV piping installations shall be limited to structures not more than two
(2) stories in height of Type III, IV, or V construction. (3147-7/92,3309-12/95,3426-7/99)
17.44.095 Gas Piping Protective Coatings. § 1211.7 is hereby amended to read as follows:
(3147-7/92, 3309-12/95)
§ 1211.7 All gas pipe protective coatings shall be approved types, machine applied, and conform to
recognized standards. Field wrapping shall provide equivalent protection and is restricted to those
fitting and short sections where the factory wrap has been damaged or necessarily stripped for
threading or welding (see Appendix I, IS-13). Zinc coatings (galvanizing) shall not be deemed
adequate protection for gas piping below ground. Non-galvanized ferrous metals in exposed
locations shall be protected from corrosion by coating or painting with corrosion inhibiting paint.
7/99
Huntington Beach Municipal Code 17.46.010--17.46.050(a)
Chapter 17.46
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
(3147-7/92, 3310-12/95,3427-7/99)
Sections:
17.46.010 Adoption
17.46.020 Definitions
17.46.030 Waste Water Disposal
17.46.050 Pool Enclosures and Barriers
17.46.055 Additional Single Family Residential Barrier Requirements
17.46.060 Construction Requirements
17.46.070 Authority to Abate
17.46.080 Installation of Gas Piping
17.46.010 Adoption. There is hereby adopted by the City Council by reference that certain
code known as the Uniform Swimming Pool, Spa and Hot Tub Code, compiled by the
International Association of Plumbing and Mechanical Officials, being particularly the 1997
edition thereof and the whole thereof, except as hereafter provided excluding Part 1,
"Administration". Such code, and amendments thereto, is hereby adopted and incorporated
pursuant to California Government Code § 50022.2 et seq., and Health and Safety Code §
18941.5 as fully as though set out at length herein for the purpose of protecting public health and
safety by prescribing minimum standards for the use, design and installation of swimming pool,
spa and hot tub systems; by requiring a permit and inspection for installation, alteration and
replacement of said systems. From the date on which this chapter takes effect, the provisions
thereof shall be controlling within the corporate limits of the City of Huntington Beach. (3147-7/92,
3310-12/95,3427-7/99)
17.46.020 Definitions. § 102 of the USPSHTC is hereby amended by adding or modifying the
following definitions: (3147-7/92,3310-12/95)
Barrier- A fence, wall, building wall or a combination thereof, which completely surrounds
the swimming pool and obstructs access to the swimming pool. (3147-7/92)
Grade - The underlying surface such as earth or a walking surface. (3147-7/92)
Portable - A non-permanent structure intended for recreational bathing, in which all controls,
water-heating and water-circulating equipment are an integral part of the product and which
is cord connected (not permanently electrically wired). (3147-7/92)
Swimmina Pool - A swimming pool is any body of water having a depth exceeding eighteen
inches at any point, constructed, fabricated or installed for swimming, bathing or wading purposes.
This includes in-ground, above-ground and on-grade pools, spas and hot tubs. (3147-7/92)
17.46.030 Waste Water Disposal. §310.1 is hereby amended to add the following exception:
(3147-7/92,3310-12/95,3427-7/99)
§ 3 10.1--Exception: Spas and hot tubs under 750 gallons shall not be required to discharge into a
sewer. (3310-12/95,3427-7/99)
17.46.050 Pool Enclosures and Barriers. § 320 is hereby added to read as follows: (3147-7/92)
(a) Any swimming pool, hot tub, spa or similar outdoor body of water intended for swimming or
recreational bathing, eighteen (18) inches or more in depth, shall contain an enclosure or
barrier to conform to the following requirements: (3147-7/92,3310-12/95,3427-7/99)
Exception: Spas and Hot Tubs of less than 750 gallons may have a rigid locking cover to
substitute for other barriers. (3310-12/95)
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17.46.050(a)(1)--17.46.055(§320.1[3]) Huntington Beach Municipal Code
1. The top of the barrier shall be at least sixty (60) inches above grade measured on the side
of the barrier which faces away from the swimming pool. (3147-7/92)
2. Openings in the barrier shall not allow passage of a four(4) inch diameter sphere.
Shrubs, trees, or landscape materials cannot be considered as part of the barrier. (3147-7/92)
3. Solid barriers, such as masonry or concrete, or stone walls shall not contain indentations,
protrusions or plants closer than forty-five (45") inches apart vertically, horizontally, or
from top of wall, except for tooled masonry joints. (3147-7/92)
4. Any configuration providing ladder-like access allowing illegal entry to the pool area
shall be prohibited. Ladder-like access shall mean any method or action such as
climbing, crawling, pushing,jumping or other means to gain access to a pool or spa area.
(3147-7/92)
5. Where the barrier is composed of horizontal and vertical members, the distance between
the tops of the horizontal members shall be forty-five (45") inches or more. Openings
between vertical members shall not exceed four (4") inches. (3147-7/92)
'I 6. Maximum mesh size for chain link fences shall be a 1-1/4 inch square unless the fence is
provided with slats fastened at the top or the bottom which reduce the openings to no
more than 1-3/4 inches, the wire shall be not less than nine (9) gauge. (3147-7/92)
7. Where the barrier is composed of diagonal members, such as a lattice fence, the
maximum opening formed by the diagonal members shall be no more than 1-3/4 inches.
(3147-7/92)
8. All required pool fence and gate enclosures shall extend to within two (2") inches of firm
soil or pavement. All access gates shall be constructed in compliance with all
requirements stipulated for pool fences in items 1 through 7 above, and shall be equipped
to accommodate a locking device. Access gates shall open outward away from the pool,
spa, or hot tub, and shall be self-closing and have a self-latching device. The release
mechanism of the self-latching device is to be located not less than sixty (60") inches
from the bottom of the gate or adjoining grade. (3147-7/92)
9. The barriers and all self-closing and self-latching devices, required by this section, shall
be installed and in proper working order before any water is placed in the pool. (3147-7/92)
10. A dwelling or appurtenant structure may be used as a part of the required enclosure.
(3147-7/92)
11. Equivalent barriers may be approved on a case by case basis. (3427-7/99)
17.46.055 Additional Single Family Residential Barrier Requirements. § 320.1 is hereby
added to read as follows: (3427-7199)
§320.1 Single Family Residential Barrier Requirements. Whenever a construction permit is
issued for construction of a new swimming pool or spa at a private, single family home it shall be
equipped with at least one of the following safety features: (3427-7/99)
1. The pool shall be isolated from the home by a barrier conforming to Section 17.46.050
HBMC. (3427-7/99)
2. The pool shall be equipped with an approved safety pool cover. (3427-7/99)
3. The residence shall be equipped with exit alarms on those doors providing direct access
to the pool, including garage exit doors. (3427-7/99)
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Huntington Beach Municipal Code 17.46.055(§320.1[4])--17.46.080
4. All doors providing direct access from the home or garage to the swimming pool shall be
equipped with a self-closing, self-latching device with a release mechanism placed no
lower than 54 inches above the floor. (3427-7/99)
5. Other means of protection, if the degree of protection afforded is equal to or greater than
that afforded by any of the devices set forth in one through four above, as determined by
the building official. (3427-7/99)
17.46.060 Construction Requirements. § 321 is hereby added to read as follows: (3147-7/92,3310-12/95)
All swimming pool construction shall be in conformance with engineered design for expansive
soils, unless a soils report by a registered engineer, approved by the building official, indicates
otherwise. (3147-7/92,3427-7/99)
17.46.070 Authority to Abate. §322 is hereby added to read as follows: (3147-7/92)
(a) It shall be unlawful and is hereby declared to be a public nuisance for any person owning,
leasing, occupying or having charge of any residential property in the City to maintain such
premises in such a manner that any of the following conditions are found to exist thereon:
(3147-7/92)
1. The failure to secure and maintain from public access all doorways, gate access and other
openings, with regards to the barrier requirements of this code. (3147-7/92)
2. Uncleanliness of swimming pool water as determined by the Building Official. All
swimming pool and spa water shall be maintained in a clear condition which is free of
algae, insects, debris and in a sanitary condition. The entire floor of the swimming pool
shall be clearly visible. (3147-7/92)
(b) Where a nuisance exists, the building official shall require the nuisance or violation to be
abated and where necessary, shall seek such abatement in the manner provided by law.
(3147-7/92)
17.46.080 Installation of Gas Piping. Chapter 5 is amended to read as follows: (3147-7/92,
3310-12/95,3427-7/99)
§Chapter 5. Fuel gas piping shall be installed in accordance with the requirements of the
Huntington Beach Plumbing Code. (3427-7/99)
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Huntington Beach Municipal Code 17.48.010-17.48.060
Chapter 17.48
ELECTRICAL CODE
(1520-9/69, 1671-10/71, 1674-10/71, 1742-4/72, 1750-6/72, 1935-10/74,2173-4/77,2276-12/88,2431-7/80,2567-9/82,2787-9/85,
2976-12/88,3 022-1 218 9,3115-6/91,3311-12/95,3428-7/99)
Sections:
17.48.010 Adoption
17.48.020 Title
17.48.030 (Repealed-Ord. 3428-7/99)
17.48.040 Section 250-83 amended--Made and other Electrodes
17.48.050 Articles 345 and 346--Intermediate Metal Conduit and Rigid Metal Conduit
17.48.060 Section 348-1 amended--Use of electrical metallic tubing
17.48.080 (Repealed 2976-12/88)
17.48.090 (Repealed 2976-12/88)
17.48.100 (Repealed 2976-12/88)
17.48.010 Adoption. There is hereby adopted by the City Council by reference that certain
code known as the 1998 California Electrical Code and the whole thereof, except as hereafter
provided. Such code is hereby adopted and incorporated pursuant to Government Code §
50022.2 et seq. and Health and Safety Code §18941.5 for the purpose of prescribing regulations
governing the installation, alteration, repair and maintenance of all electrical installations in the
City of Huntington Beach, and repealing all ordinances and parts of ordinances 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. (1935-10/74,2431-7/80,2567-9/82,2787-9/85,2976-12/88,3022-12/89,3115-6/91,3310-12/95,
3428-7/99)
17.48.020 Title. This chapter shall be known as the "Huntington Beach Electrical Code," may
be cited as such, and will be referred to herein as "this code." (1935-10/74,2173-4/77,2431-7/80,2567-9/82,
2787-9/85)
17.48.040 Section 250-83 amended--Made and Other Electrodes. Electrodes described in §
250-83 shall not be used except those which are listed and approved for the local soil conditions.
The amendment does not apply to temporary power construction poles. (2787-9/85,2976-12/88)
17.48.050 Articles 345 and 346--Intermediate Metal Conduit and Rigid Metal Conduit.
Intermediate metal conduit and rigid metal conduit shall not be used in the earth or ground except
when the conduit(s) and its or their associated fitting(s) are triple half-lapped with 10 mil
weatherproof tape or its equivalent. (2787-9/85,2976-12/88,3115-6/91,3428-7/99)
17.48.060 Section 349-1 amended--Use of electrical metallic tubing. § 348-1 is hereby
amended to read as follows:
§ 348-1 -- Use. The use of electrical metallic tubing shall be permitted for both exposed and
concealed work. Electrical metallic tubing shall not be used: (1) where, during installation or
afterward, it will be subject to severe physical damage; (2) where protected from corrosion
solely by enamel; (3) in cinder concrete or cinder fill where subject to permanent moisture
unless protected on all sides by a layer of noncinder concrete at least two (2) inches (50.8 min)
thick or unless the tubing is at least eighteen (18) inches (457 mm) under the fill; (4) in any
hazardous (classified) location except as permitted by § 502-4, 503-3, and 504-20; or (5) for the
support of fixtures or other equipment except conduit bodies no larger than the largest trade size
of the tubing. Where practicable, dissimilar metals in contact anywhere in the system shall be
avoided to eliminate the possibility of galvanic action.
Exception: Aluminum fittings and enclosures shall be permitted to be used with steel electrical
metallic tubing.
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17.48.060 Huntington Beach Municipal Code
Ferrous or nonferrous electrical metallic tubing, elbows, couplings, and fittings shall be
permitted to be installed in concrete. Electrical metallic tubing used in areas subject to corrosive
influences and/or where exposed to the elements shall be protected by corrosion inhibiting paint.
(1520-9/69,2173-4/77,2431-7180,2567-9/82,2787-9185,2976-12/88,3115-6/91,3428-7199)
1
7/99
Huntington Beach Municipal Code 17.56 Index
Chapter 17.56
UNIFORM FIRE CODE
(105-5/13,413-5/38,458-6/42, 1131-4/65, 1414-6/68, 1499-5/69, 1884-12/73,1900-3/74,2121-12/76,2188-6/77,2430-1/70,
2480-7/80,2638-9/83,2865-11/86,3020-12/89, 3174-1/93,3317-1/96,3430-7/99)
Sections:
17.56.010 Adoption
17.56.015 Definition
17.56.020 UFC Section 103.1.4 Amended--Appeals
17.56.025 New materials, processes or occupancies--Permits
17.56.030 Repealed--Ord. 3430-7/99
17.56.035 Repealed-- Ord. 3317-1/96
17.56.040 UFC Section 209-H Amended--ADD HIGH RISE
17.56.045 UFC Section 902.2.2.1 Amended--Fire Apparatus Access Dimensions
17.56.046 UFC Section 902.4 Amended--Key Boxes/Gates
17.56.050 UFC Section 1003 Amended--Fire Extinguishing Systems
17.56.055 UFC Section 1003.2.2 Automatic Fire Extinguishing Systems
17.56.060 UFC Section 1003.4 Permissible Sprinkler Omissions
17.56.065 UFC Section 1004 Amended--Standpipes TABLE 1004-A
17.56.070 Repealed -- Ord. 3317-1/96
17.56.075 UFC Section 5202.4.1 Amended--Aboveground Fuel Tanks
17.56.080 UFC Section 5202.4.5 Dispensing Supervision
17.56.085 UFC Section 6106.3 Portable Unvented Oil-Burning Heating Devices
17.56.087 UFC Section 7901.3.2 Hazardous Materials Storage Plan
17.56.089 Repealed -- Ord. 3430-7/99
17.56.090 Repealed -- Ord. 3317-1/96
17.56.091 Repealed--Ord. 3430-7/99
17.56.095 UFC Section 7902.2.2.1 Locations Where Aboveground Tanks Are Prohibited
17.56.100 UFC Section 7902.6.3 Location of Underground Fuel Tanks
17.56.105 UFC Section 7902.6.10 Tank Lining
17.56.110 UFC Section 7903.2.1.4 Heating, Cooking, and Lighting Devices
17.56.115 UFC Section 7903.2.3.4 Mechanical Ventilation
17.56.120 UFC Section 7904.3.2.3 Oil Well Drilling and Operation
17.56.125 Repealed-- Ord. 3317-1/96
17.56.130 UFC Section 7904.3.4.2 Amended--Sumps
17.56.135 UFC Section 7904.3.10 Huntington Beach Oil Code
17.56.140 UFC Section 8001.3.2 Hazardous Materials Management Plan
17.56.145 UFC Section 8001.3.3 Amended--Hazardous Materials Inventory Statement
17.56.150 Repealed-- Ord. 3430-7/99
17.56.155 UFC Section 8001.5.2.2 Notification
17.56.160 Repealed-- Ord. 3430-7/99
17.56.165 UFC Section 8001.5.2.5 Responsibility For Clean-up (Soil Spec.)
17.56.170 UFC Section 8001.7 Identification Signs
17.56.175 Add UFC Section 8001.11.00 Spill Control, Drainage Control, and Secondary Containment
17.56.180 UFC Section 8001.15.1 Exempt amounts
17.56.182 UFC Section 8003.1.2 Hazardous Materials Signs
17.56.184 UFC Section 8003.1.5 Maximum Quantity Hazardous Materials On Site
17.56.185 Repealed-- Ord. 3430-7/99
17.56.190 UFC Section 8004.1.1 Applicability
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17.56.010--17.56.040 Huntington Beach Municipal Code
17.56.192 UFC Section 8004.1.9 Hazardous Materials Signs
17.56.195 UFC Section 8102.10.2 High Piled Stock Aisle Width
17.56.200 Adopt UFC Appendix I-A Amended--Life safety requirements for existing
buildings other than high rise
17.56.205 Adopt UFC Appendix II-C Amended--Marinas
17.56.210 Adopt UFC Appendix II-E Amended--Hazardous Materials Management Plan and
Hazardous Materials Inventory Statement
17.56.220 Adopt UFC Appendix II-F Amended--Aboveground Tanks
17.56.010 Adoption. 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 and standards known as the UFC, including Appendices I-A, I-B, I-C, II-A, II-C, II-
D, II-E, II-F, II-H, II-J, III-A, III-C, and IV-A and amendments thereto, published by International
Fire Code International, being particularly the 1997 edition thereof, and the 1998 UFC
Supplement (hereinafter UFC) save and except those portions as are hereinafter modified or
amended, of which code and standards not less than one (1) copy has been and is now filed in the
Office of the City Clerk, and the same is hereby adopted and incorporated as fully as if set out at
length herein, and from the date on which such UFC shall take effect, the provisions thereof shall
be controlling within the limits of the City of Huntington Beach and shall hereinafter be referred
to in this chapter as the Huntington Beach Fire Code. (1131-4/65, 1414-6/68, 1900-3/74,2188-6/77,2430-7/80,
2638-9/83,2865-11/86,3020-12/89,3174-1/93,3317-1/96,3430-7/99)
17.56.015 Definition. Wherever the word "jurisdiction" is used in the Huntington Beach Fire
Code, it shall mean the City of Huntington Beach. (1131-4/65, 1414-6/68,2188-6/77,2430-7/80,2638-9/83,
2865-11/86, 3020-12/89,3317-1/96)
17.56.020 UFC Section 103.1.4 Amended--Appeals. ADD--Any appeal from the decision of
the chief of the Fire Department to the Huntington Beach Appeals Board must be filed within
thirty (30) days from the date of the decision appealed. There shall be no appeal pursuant to this
section to determine the validity of a decision of the fire chief, or his or her designee, pursuant to
UFC Section 103.4.4 or UFC Section 8001.5.2.5. (1414-6/68, 1900-3/74,2188-6/77,2430-7/80,2638-9/83,
2865-11/86, 3020-12/89,3430-7/99)
17.56.025 New materials, processes or occupancies--Permits. The City Administrator, the
chief of the Fire Department, and the chief of the Fire Prevention Division shall act as a
committee to determine and specify, after giving affected persons an opportunity to be heard, any
new materials, processes or occupancies which shall require permits in addition to those now
enumerated in this code. The chief of the Fire Prevention Division shall post such list in a
conspicuous place in his office, and distribute copies to interested persons. (1414-6/68, 1900-3/74,
2188-6/77,2430-7/80,2638-9/83,2865-11/86,3020-12/89)
17.56.040 UFC Section 209-H Amended--ADD HIGH RISE. High-Rise is any building
having floors used for human occupancy located more than 55 feet above the lowest level of Fire
Department access. Such buildings shall have fire and life safety systems required by the
Building Code. (3317-1/96)
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Huntington Beach Municipal Code 17.56.045--17.56.055
17.56.045 UFC Section 902.2.2.1 Amended--Fire Apparatus Access Dimensions. (3317-1/96)
(a) Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than
twenty-four(24) feet (7315 mm) and an obstructed vertical clearance of not less than thirteen
(13') feet six (6") inches (4115 mm). Fire access streets, drives or roads adjacent to building
fronts in commercial centers shall be not less than twenty-seven (27') (8230 mm) feet wide.
(3317-1/96)
EXCEPTION: Upon approval by the fire chief, vertical clearance may be reduced, provided
such reduction does not impair access by fire apparatus and approved signs are installed and
maintained indicating the established vertical clearance. (3317-1/96)
17.56.046 UFC Section 902.4 Amended--Key Boxes/Gates. When access to or within a
structure or an area is unduly difficult because of secured openings or where immediate access is
necessary for life-saving or firefighting purposes, the fire chief is authorized to require a key box
to be installed in an accessible location. The key box shall be of a type approved by the chief
and shall contain keys to gain necessary access as required by the fire chief. On all electric
vehicle gates leading to required fire department access lanes, an approved fire department key
switch and an approved strobe light receiver(residential developments only-refer to City
Specification #403) shall be installed and tested by the fire department. In the event of a power
failure, the gate shall be automatically transferred to a fail safe mode allowing the gate to be
pushed open without the use of special knowledge or any equipment. (3317-1/96, 3430-7/99)
17.56.050 UFC Section 1003 Amended--Fire Extinguishing Systems. (3317-1/96)
1003.1.1 General. Fire extinguishing systems shall be installed in accordance with the Fire
Code, and National Fire Protection Association Pamphlet#13. (3317-1/96)
1003.1.2 Standards. delete exceptions 2 and ). (3317-1/96)
ADD--For the purposes of this code, high-rise buildings are defined in UFC § 209H. (3317-1/96)
17.56.055 UFC Section 1003.2.2 Automatic Fire Extinguishing Systems. (3317-1/96, 3430-7/99)
1003.2.2 All Occupancies: All Occupancies Except group U occupancies. (For group U
occupancies, refer to City Specification 9404). An automatic sprinkler system shall
be installed whenever the total gross floor area exceeds 5,000 square feet for all new
construction, additions to existing buildings (refer to City Specification#420), or
change of occupancy classification, and as follows: (3317-1/96, 3430-7/99)
1003.2.3.1 Drinking Establishments: (3317-1/96)
Line 5 Change `(1) hour' to `(4) hour'. (3317-1/96)
Line 6 Change one (1) hour to four(4) hour. (3317-1/96)
1003.2.3.3 Exhibition and Display rooms: (3317-1/96)
Line 2 Change 12,000 to 5,000. (3317-1/96)
1003.2.3.7 Stages. All buildings shall be sprinklered, where there is a stage or enclosed platform.
(3317-1/96)
7/99
17.56.055--17.56.075 Huntington Beach Municipal Code
1003.2.3.9 ADD--Automatic sprinklers shall be required throughout the building where a portion
of the building above the first floor is used for drinking and/or dining. (3317-1/96)
1003.2.3.10 ADD--Automatic sprinklers shall be required throughout the building when a
portion of the building above the first floor is used for any assembly purpose other than drinking
and/or dining, with an occupant load of fifty (50) or more persons. (3317-1/96)
1003.2.4.1 General. Delete-Exceptions one (1) and two (2). (3317-1/96)
1003.2.8 (d) Group M Occupancies. An automatic sprinkler system shall be installed in retail
sales rooms classified as Group M Occupancies where the floor area exceeds 5,000 square feet or
in Group M retail sales occupancies more than three stories in height. The area of mezzanes shall
be included in determining the areas where sprinklers are required. (3317-1/96)
17.56.060 UFC Section 1003.4 Permissible Sprinkler Omissions. (3317-1/96,3430-7/99)
6. When the gross square footage of the building is divided into nonsprinklered 5,000 square
feet units by four hour masonry fire resistive separation walls, the four hour masonry walls
shall have no openings, shall have parapets 30 inches above the roofline, and extend
horizontally to separate exterior combustible cornices, canopies, etc. EXCEPTION: If four
hour masonry walls are not extended horizontally, a 5 foot distance shall be provided
between the four hour masonry wall and exterior combustible cornices, canopies, etc.
(3317-1/96)
17.56.065 UFC Section 1004 Amended--Standpipes TABLE 1004-A. (3317-1/96)
Amend as follows: (3317-1/96)
Table 10.510A: (3317-1/96)
Line 1. Standpipes for sprinklered buildings shall be Class III. (3317-1/96)
Line 2.Change four (4) stories to three (3) stories. Standpipes for sprinklered buildings shall be
Class IIL (3317-1/96)
Line 5.Change four (4).stories to three (3) stories; 20,000 square feet per floor to 10,000 and
standpipes for sprinklered buildings shall be Class III. (3317-1/96)
17.56.075 UFC Section 5202.4.1 Amended--Aboveground Fuel Tanks. (3317-1/96)
Aboveground Tanks. Class I and Class II flammable liquids shall not be dispensed into the fuel
tank of a motor vehicle from aboveground tanks EXCEPT as follows: (3317-1/96)
Above Ground Tank Model Policy For Dispensing Into Motor Vehicles
SCOPE:
When approved by the fire chief, the outside storage and dispensing of motor fuels (does not
pertain to LPG) into tanks of motor vehicles from an aboveground tank(s), used in commercial
applications which are not intended for retail sales to the general public. (3317-1/96)
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Huntington Beach Municipal Code 17.56.075--17.56.075
RESTRICTED LOCATIONS:
ESTABLISHMENT OF LIMITS OF DISTRICTS (ZONES) IN WHICH STORAGE OF
FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS
ARE PROHIBITED. (3317-1/96)
The limits referred to in Section 7902.2.2 of the UFC, as adopted by Huntington Beach
Municipal Code 17.56.095 in which the storage of flammable or combustible liquids is restricted
shall be as per local code and as approved by the fire chief. (3317-1/96)
PLANS:
Plans shall be submitted and approved prior to installation for each application. The plans shall
indicate the method of storage and dispensing quantities to be stored, distances from buildings
and property lines, accessways, fire-protection facilities, barrier protection, diking (secondary
containment), design and construction of tanks, supports, seismic design, tank venting and vapor
recovery, wiring and equipment, electrical controls, safety rules, signage and any additional
information and requirements required by the fire chief. (3317-1/96)
PERMITS:
Permits shall be required in accordance with Section 105 of the UFC. In addition, the storage
and dispensing of each operation shall be reviewed and permitted annually to assure compliance
with approved plans. Prior to the issuance of the Fire Department's permit to install, all other
applicable permits shall be obtained, i.e., Building, Planning, Environmental Health, Air Quality.
(3317-1/96, 3430-7/99)
PERMITTABLE LOCATIONS ON PROPERTY:
The minimum distance in feet from property lines, public ways or significant buildings in which
tank(s) and dispenser(s) can be located are hereby restricted to the following guidelines:
(3317-1/96, 3430-7/99)
Tanks to a maximum of 2200 gallons capacity shall be located fifteen (15') feet from property
lines,public ways or significant buildings. (3317-1/96)
The aggregate gallonage per site shall be limited to 2200 gallons. (3317-1/96)
Quantities greater than 2200 gallons aggregate shall be approved by the fire chief. (3317-1/96)
SEPARATION BETWEEN TANKS:
Except for double-bulkheaded compartmentalized tanks, the separation between each tank shall
be 1/6 the sum of adjacent tank diameter but not less than three(3) feet. (See UFC Table
79.504(a)). (3317-1/96)
FIRE AND EXPLOSION PROTECTION:
The primary tank shall be protected by a minimum listed or approved fire resistive protection of
2-hour rating and impact resistance as approved by the fire chief. (Impact resistance Article 9
definition.) (3317-1/96)
DESIGN AND CONSTRUCTION OF TANKS AND EQUIPMENT:
The design, fabrication and construction of tanks shall be in accordance with UFC Section
7902.1.8.1.1. (3317-1/96)
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Huntington Beach Municipal Code 17.56.075--17.56.075
Equipment-All dispensing equipment and devices shall be of an approved type and listed by a
nationally recognized testing laboratory as approved by the fire chief for use in conjunction with
Class I and Class II liquids and shall comply with UFC Section 7903. (3317-1/96)
MONITORING:
The following procedures are required for monitoring: (3317-1/96)
1. Electronic leak detection that complies with California Code of Regulations (CCR) Title
23-2634, shall be required to monitor the interstitial space between the primary and secondary
tank. (3317-1/96)
2. All visible exterior surfaces of an aboveground storage tank, including any visible horizontal
surface directly beneath the tank, shall be inspected at least daily by direct viewing. The
inspection schedule shall be established such that some of the inspections are conducted
when the liquids are at their highest level. (3317-1/96)
3. A written statement of the routine monitoring procedures shall be available at the facility and
the record shall include the frequency of visual inspections, the location(s) from which
observations will be made, the name(s) and title(s) of the person(s) responsible for
performing the observations and the reporting format. (3317-1/96)
4. Written records shall be maintained on site for three (3) years. (3317-1/96)
PRODUCT DISPENSING: Dispensers shall be equipped with a listed emergency breakaway
device designed to retain liquid on both sides of the breakaway point. The devices shall be
located at each end of the hose between the nozzle and the pump. Such devices shall be installed
and maintained in accordance with manufacturer's instructions. (See NFPA (TIA) 30) (3317-1196)
DISPENSING: Dispensers shall be equipped with a permanently attached, approved pumping
device mounted on top of tank, with an approved hose of an approved length for filling vehicles,
equipment or containers. Each tank shall have a pump that is activated/
deactivated when the nozzle is removed and replaced. (UFC Section 79.903(i)) (3317-1/96)
PIPE, VALVES, FITTINGS: In addition to other requirements outlined in UFC
Section 7901.11, the following shall be required: (3317-1/96)
Piping: All piping shall be enclosed in two (2) hour fire protection. Pipes containing liquid are
required to be double contained. This includes the base of working and emergency vents and
fuel sleeves. Manifold piping to connect multiple tanks is prohibited. (3317-1/96)
A fusible link valve, of the type that upon heat activation the valve will close preventing fumes
from ignition, shall be required on all openings other than working and emergency vents. The
valve shall be approved by the fire chief. (3317-1/96)
A fire extinguisher with a minimum classification of 2-A, 20 B:C shall be provided and so
located that it will be not more than seventy-five (75) feet from any pump, dispenser or fill pipe
opening. (See UFC Section 5202.9) (3317-1/96)
TANK LINING:
Tank linings are prohibited in the City of Huntington Beach unless approved by the fire chief.
(See UFC Section 7902.1.8.2.9). (3430ai99)
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17.56.075--17.56.075 Huntington Beach Municipal Code
SUPPORTS AND FOUNDATIONS:
Tanks shall rest on foundations made of concrete, masonry, piling or steel. Tank foundations
shall be designed to minimize the possibility of uneven settling of the tank and to minimize
corrosion in any part of the tank resting on the foundations. Steel tank supports shall be designed
to U.L. Standard 1709. (See UFC Section 7902.1.13) (3317-1/96)
ANCHORAGE:
Design of Supports: The design of the supporting structure for tanks shall be in accordance with
well established engineering principles in accordance with the Building Code. (3317-1/96)
1. Tanks shall be so supported as to prevent the excessive concentration of loads on the
supporting portion of the shell. (See UFC Section 7902.1.13.5) (3317-1/96)
2. Locations Subject to Flooding: Where a tank is located in an area that may be subjected to
flooding, the applicable provisions of UFC Appendix II-B apply. (3317-1/96, 3430-7/99)
3. Seismic Design: The tank supports and connections shall be designed to resist damage as a
result of such shocks in accordance with the Building Code. (See UFC Section 7902.1.13.5)
(3317-1/96)
BARRIER PROTECTION:
Guard posts or other means shall be provided to protect exterior storage tanks from vehicular
damage specified as follows: (3317-1/96)
1. Seven (T) foot steel posts, with three (3') feet above and four(4') feet below grade. The
post shall be secured in a one (1) foot square concrete footing. (3317-1/96)
2. The post shall be of 1/2" steel (schedule 40) six (6") inch diameter and concrete filled
with cap. (3317-1/96)
3. The posts shall be thirty-six (36") inches apart on center. (3317-1/96)
4. The backside of the post shall be a minimum of three (3') feet from the tank. (3317-1/96)
DIKING:
The area surrounding a tank or group of tanks shall be provided with drainage or shall be diked
to prevent accidental discharge of liquid from endangering adjacent tanks, adjoining property or
reaching waterways. (3317-1196)
Exception: When double containment is provided within the construction of the tank, the diking
requirements may be waived by the fire chief. (See UFC Section 7901.8) (3317-1/96)
VEHICULAR APPROACH PAD:
A non-absorbent surface sufficiently covering the vehicle fueling area is required as approved by
the fire chief. (3317-1/96)
TANK VENTING AND VAPOR RECOVERY:
1. Emergency relief venting shall be in accordance with UFC Section 7902.2.6 and NFPA
(TIA) 30A. Emergency relief vents for gasoline primary and secondary tanks shall have a
flame arrestor as approved by the fire chief. (3317-1/96)
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Huntington Beach Municipal Code 17.56.075--17.56.075
2. A coaxial breakaway device as approved by the fire chief shall be required on phase II vapor
recovery systems. Vapor recovery shall be in accordance with UFC Section 5202.12 and the
Air Quality authority having jurisdiction. (3317-1/96)
APPROVED WIRING:
All installation of electrical wiring and equipment shall be reasonably safe to persons and
property. For Class I liquids where electrical wiring and equipment installed, evidence that such
wiring and equipment are of the type approved for use in the hazardous locations as set forth in
Table 5202.6 and that such wiring and equipment have been installed in accordance with the
Electrical Code will be required. (See UFC Section 5202.12.3.11) (3317-1/96)
ELECTRICAL CONTROLS:
Emergency and routine electrical controls shall comply with the following: (3317-1/96)
1. A clearly labeled manually operated pump master switch shall be provided in an approved
location, within seventy-five (75') feet of, but not nearer than fifteen (15') feet to any
dispenser. (3317-1/96)
2. Signs identifying the pump master switch shall be clearly labeled "EMERGENCY PUMP
SHUTOFF" in four (4") inch high letters with 1/2" strokes. (3317-1/96)
3. Where such master switch is not visible from all dispensers, the location thereof shall be
indicated by approved signs. (3317-1/96)
4. A control switch or each individual pump circuit switch shall be set in the "off' position at
time of business closure. (3317-1/96)
SAFETY RULES:
The following safety regulations shall be strictly enforced: (3317-1/96)
1. There shall be no smoking or open flames in the areas used for fueling, servicing internal
combustion engines, receiving or dispensing of Class I, II, or III-A liquids. (3317-1/96)
2. There shall be no dispensing into unapproved containers. (See UFC Section 5201.6) (3317-1/96)
3. The engines of all vehicles being fueled shall be stopped. Conspicuous signs prohibiting
smoking, prohibiting dispensing into unapproved containers and requiring vehicle engines to
be shut off during fueling operations shall be posted at each dispenser. (3317-1/96)
4. Flammable or combustible liquids or any waste liquid containing crude petroleum or its
products shall not be discharged into or upon any street, highway drainage canal or ditch,
storm drain, sewer, flood-control channel, lake or tidal waterway, or upon the ground.
(3317-1/96)
5. Storage is prohibited on top of the tank(s). (3317-1/96)
TANK IDENTIFICATION:
Aboveground storage tanks over 100 gallons (water capacity) permanently installed, mounted or
affixed and used for the storage of Class I, Il or III-A liquids shall bear the label or placard in
accordance with UFC Standard 79-3 identifying the material within. A placard shall also be
installed, mounted or affixed adjacent to the "Emergency Shut-off' sign. (3317-1/96)
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17.56.075--17.56.075 Huntington Beach Municipal Code
TANK FILLING OPERATIONS:
Delivery operations shall comply with applicable requirements of NFPA 385, Standard for Tank
Vehicles for Flammable and Combustible Liquids.
1. The delivery vehicle shall be separated from any aboveground tank by at least twenty-five
(25') feet (7.6m). Tank filling shall not begin until the delivery operator has determined tank
ullage (available capacity). The delivery hoseline shall not exceed fifty (50') feet.
2. A dry break coupling shall be installed at a point where connection and disconnection is
made from the delivery vehicle to any aboveground tank. This device shall be protected from
tampering and physical damage. A sign stating "Do not remove or tamper with the Dry
Break Coupling" shall be affixed adjacent to the coupling.
3. An overfill-protection system approved by the fire chief is required. The tank shall be
equipped with an overspill box to contain any spill at the fill opening during delivery
operations. (See NFPA 30A UFC Section 2.4.8.2 to 2.4.8.5)
TESTING:
All tank and piping shall be tested in a manner acceptable to the fire chief. (See UFC Section
7901.11.10) (3317-1/96)
FENCING:
Fencing shall be provided for all installations. Fencing shall not be less than six (6) feet in
height, constructed of wire mesh, solid metal sheathing or masonry. Fencing shall be so located
as to provide protection from tampering or trespassing.
Exception: Tanks are not required to be enclosed within a fence if the property on which the
tanks are located already has a perimeter security fence. (See UFC Section 7902.3.5) (3317-1/96)
MAINTENANCE TESTING:
The integrity of the primary and secondary tanks shall be tested annually or after a significant
event or possible breach of integrity, by the tank owner or operator using the tank monitoring
port. All test results shall be maintained on the premises for three (3) years and shall be made
available to the fire chief upon request. (See UFC Section 7902.6.13) (3317-1/96)
The tank integrity tests:at a minimum shall:
1. Test for vapor in the interstitial space.
2. Secondary tank-vacuum or pressure procedure approved by the fire chief.
COMMUNICATIONS:
During hours of operation, the system's site shall be provided with a fire alarm transmitting
device. Such a device may be a telephone that is readily available. (See UFC Article 52)
(3317-1/96,3430-7/99)
SUPERVISION:
Where dispensing of Class I,II, or I1I-A liquids is performed a listed automatic-closing-type
nozzle valve shall be used incorporating the following features:
(See UFC Section 79.903)
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Huntington Beach Municipal Code 17.56.075--17.56.085
1. The hose nozzle valve shall be equipped with an integral latch-open device.
2. When the flow of product is normally controlled by devices or equipment other than the
nozzle valve, the hose nozzle valve shall not be capable of being opened unless the delivery
hose is pressurized. If pressure to the hose is lost, the nozzle shall close automatically.
Exception: Vapor recovery nozzles incorporating Insertion Interlock devices designed to
achieve shut-off upon disconnection with vehicle fill pipe.
3. The hose nozzle shall be designed in such a way that the nozzle is retained in the fill pipe
during the filling operation.
4. Supervision: The dispensing of Class I and Class II liquids into a fuel tank of a vehicle or
into a container shall at all times be under the supervision of a qualified attendant.
Exception: Supervision by a qualified attendant is not required at locations, provided the
owner or operator provides and is accountable for: (3317-1/96)
a. At least daily site visits.
b. Regular equipment inspection and maintenance.
c. Conspicuously posting instructions for safe operation of dispensing equipment.
d. Posting the phone number of the owner operator.
i
e. A sign in addition to that required in UFC Section 79.903(d) is posted in a conspicuous
location stating:
IN CASE OF FIRE OR SPILL
1. Use Emergency pump shut-off
2. Report the accident
FIRE DEPARTMENT#: 911
FACILITIES ADDRESS
f. Product delivery hoses from dispensers shall be equipped with a listed emergency
breakaway device designed to retain liquid on both sides of the breakaway point. Such
double-breakaway devices shall be installed and maintained in accordance with
manufacturer's instruction.(3317-1/96)
17.56.080 UFC Section 5202.4.5 Dispensing Supervision. (3317-1/96,3430-7/99)
UFC Section 5202.4.5 Delete 91 and Delete #2. (3317-1/96,3430-7/99)
17.56.085 UFC Section 6106.3 Portable Unvented Oil-Burning Heating Devices. (3317-1/96,3430-7/99)
UFC Section 6106.3 Location- line 3 delete group S, Division 3, 4, and 5. (3317-1/96,3430-7199)
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17.56.087--17.56.115 Huntington Beach Municipal Code
17.56.087 UFC Section 7901.3.2 Hazardous Materials Storage Plan. (3317-1/96,3430-7/99)
UFC Section 7901.3.2 is Amended to Read: Plans. All new facilities and modifications to
existing facilities proposing to store, dispense, use or handle flammable or combustible liquids,
shall submit a hazardous materials storage and use plan in accordance with UFC Section
8001.3.2.1. (3317-1/96)
17.56.095 UFC Section 7902.2.2.1 Locations Where Aboveground Tanks Are Prohibited.
(3317-1/96, 3430-7/99)
Restricted Locations. The limits referred to herein prohibiting the storage of Class I and II
liquids in outside, aboveground tanks are hereby established for all commercial land use districts
as defined in the Huntington Beach Zoning and Subdivision Ordinance. (3317-1/96)
EXCEPTIONS: (3317-1/96)
A. Bulk plants may exist in I-G (general industrial) zoned districts only. (3317-1/96)
B. Class III liquids may only be stored on properties with a 0 or 01 suffix. (3317-1/96)
C. Class II liquids may be stored temporarily on construction sites with the approval of the fire
chief. (3317-1/96)
D. The storage of Class I and Class II liquids in aboveground tanks is prohibited within the City
of Huntington Beach except at locations classified as Zone I-G (general industrial) where
permitted by a site plan use permit on property designated as potentially suitable for the uses
permitted under these zone classifications by the Huntington Beach Zoning and Subdivision
Ordinance as the same may be amended from time to time. (3317-1/96)
17.56.100 UFC Section 7902.6.3 Location of Underground Fuel Tanks. (3317-1/96)
UFC Section 7902.6.3 is amended to read as follows:
4. The installation of underground combustible/flammable liquid tanks is hereby prohibited in
all residential districts. The fire chief may authorize installation of underground
combustible/flammable liquid tanks in agricultural and manufacturing districts. (3317-1/96)
17.56.105 UFC Section 7902.6.10 Tank Lining. (3317-1/96, 3430-7/99)
ADD Tank linings are prohibited in the City of Huntington Beach unless approved by the fire
chief. (3317-1/96,3430-7/99)
17.56.110 UFC Section 7903.2.1.4 Heating, Cooking, and Lighting Devices. (3317-1/96)
UFC Section 7903.2.1.4 -Delete the exception. (3317-1/96)
17.56.115 UFC Section 7903.2.3.4.2 Mechanical Ventilation. (3317-1/96, 3430-7/99)
UFC Section 7903.2.3.4.2 - Delete the exception. (3317-1/96)
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Huntington Beach Municipal Code 17.56.120--17.56.165
17.56.120 UFC Section 7904.3.2.3 Oil Well Drilling and Operation. (3317-1/96,3430-7/99)
The distances set out in this UFC Section 7904.3.2, at the discretion of the fire chief, may be
reduced if added fire protection is provided by installation of approved fire protection systems
and devices. (3317-1/96)
17.56.130 UFC Section 7904.3.4.2 Amended--Sumps. (3317-1/96)
Backfilling Sumps. The maintenance of any sump or other basin for the retention of oil or
petroleum products in the City is prohibited. (3317-1/96)
17.56.135 UFC Section 7904.3.10 Huntington Beach Oil Code. (3317-1/96)
ADD--the Huntington Beach Oil Code (Huntington Beach Municipal Code Title 15) is
incorporated herein by reference, and declared to be part of the Huntington Beach Fire Code as
though set out in full herein. (3317-1/96)
17.56.140 UFC Section 8001.3.2 Hazardous Materials Management Plan. (3317-1/96)
Hazardous Materials Management Plan. Compliance with Huntington Beach Municipal Code
Chapter 17.58 requiring a business emergency plan shall be considered in compliance with UFC
Section 8001.3.2 except as provided in UFC Section 8001.3.2.1 below: (3317-1/96, 3430-7/99)
8. In addition to the requirements set forth in UFC Section 8001.3.2, all new facilities and
existing facilities proposing modifications which handle or propose to handle hazardous
materials shall submit a hazardous materials storage and use plan packet. Packets/plans shall be
submitted and approved prior to installation and/or operation for all hazardous materials and each
application. (3317-1/96,3430-7/99)
17.56.145 UFC Section 8001.3.3 Amended—Hazardous Materials Inventory Statement. (3317-1/96)
Deleted and amended to read: (3317-1196)
Hazardous Materials Inventory Statement. Compliance with Huntington Beach Municipal Code
Chapter 17.58 shall be considered in compliance with this section. (3317-1/96,3430-7/99)
17.56.155 UFC Section 8001.5.2.2 Notification. (3317-1/96,3430-7/99)
Notification. The fire chief shall be notified immediately when an unauthorized discharge
becomes reportable under state, federal and location regulations and in accordance with
Huntington Beach Municipal Code Chapter 17.58. (3317-1/96,3430-7/99)
17.56.165 UFC Section 8001.5.2.5 Responsibility For Clean-up (Soil Spec.) (3317-1/96)
Clean-up of contaminated soil and property shall be in accordance with state, federal or local
regulations as follows: (3317-1/96)
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17.56.165--17.56.165 Huntington Beach Municipal Code
l. 1 st Clean-Up Criteria. Soils sampled during site assessments that fail California Assessment
Manual (CAM) criteria for hazardous waste will be excavated and disposed of at a proper
disposal site. Laboratory tests used in this determination are pH (EPA-9045), CAM Metals
(total), and Volatile Chlorinated and Aromatic Hydrocarbons (EPA-8240) as described in
item 6 below, Site Assessment and Laboratory Specifications. (3317-1/96)
2. 2nd Clean-Up Criteria. Comparison of the total petroleum hydrocarbons (TPH) concentration
in soils sampled during the site assessment shall be made with the screening criteria in UFC
8001.5.2.5 Table 1. If the sample results meet the Table 1 criteria, no further testing or
remediation work will be required. (3317-1/96,3430-7/99)
If the TPH exceeds the screening criteria, the laboratory will perform the additional analyses
specified (EPA-8020, EPA-8270). Further delineation of the contaminated soil through use of
additional borings, additional trenches or by excavation and stockpiling must be performed to
determine the lateral and vertical extent of soil exceeding Table 1 criteria. Samples obtained
during this delineation will be analyzed for screening criteria listed in Table 1 (EPA-418.1
and EPA-8015). If sample results exceed the screening criteria in Table 1, the laboratory shall
be instructed to run the analyses specified in UFC 8001.5.2.5 Table 2 (EPA-8020, EPA-8270)
unless the applicant chooses to excavate the contaminated soil to meet criteria in Table 1
without proceeding to further analyses specified in Table 2. Soils which contain less than the
screening levels specified in Table 2 shall not be required to undergo soil remediation
provided that EPA 418.1 and EPA 8015M Total Petroleum Hydrocarbon concentrations are
less than 100% excess of Table 1 screening criteria levels. (3317-1/96, 3430-7/99)
3. Depth of Contaminated Soil Removal. Soil contamination in excess of the UFC 8001.5.2.5
Tables 1 and 2 criteria extending deeper than twenty (20) feet below ultimate finished grade
or within five (5) feet of the groundwater table, whichever is shallower, and not exhibiting
characteristics of material considered hazardous for disposal purposes may be considered for
non-remediation. Approval for non-remediation shall be by certification of the Fire
Department and shall be issued with appropriate findings. The lateral and vertical extent of
this contaminated material left in place shall be determined using Table 1 criteria. This extent
shall be reported to the City and disclosed to subsequent property owners in a format
approved by the Fire Department. (3317-1/96,3430-7/99)
Surface structures within one hundred (100) feet of the lateral extent of the contaminated soil
shall be built with vapor barriers in accordance with applicable City specifications. (3317-1/96)
4. Disposition of Stockpiled Soil. Soil that is stockpiled on site as a result of criteria applied
above can be evaluated for reuse on site. The reuse options may include, but are not limited
to, on site remediation and resampling to meet the criteria in UFC 8001.5.2.5 Table 1 and/or
2 or reuse of the soil as road subgrade where applicable. Specifications for reuse of crude oil
contaminated soil as road subgrade are identified in item 7 below. (3317-1/96, 3430-7/99)
Soil that is planned for reuse on site should be sampled at a frequency sufficient to
adequately characterize the degree and composition of the contamination. A sampling plan
shall be submitted to the fire Department for approval prior to reuse. (3317-1/96)
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Huntington Beach Municipal Code 17.56.165--17.56.165
5. On Site Remediation. Soil can be remediated on site as long as it does not exhibit any
characteristics of material considered hazardous for disposal purposes. On site remediation
must comply with all applicable state, county, federal and city regulations. Remediation
activities shall be performed within a designated area. A remediation plan shall be approved
by the Fire Department. (3317-1/96)
After soil is remediated and reused, the surface of the designated remediation area shall be
tested in accordance with provisions identified herein above. A testing plan shall be
submitted to the Fire Department for approval as well as a final report which shall summarize
the remediation efforts and post remediation test results. (3317-1/96)
6. Site Assessment and Laboratory Specifications. Analyses performed during site assessments
of oil fields (other industrial or agricultural uses may require additional analysis) should
include pH (EPA-9045), CAM Metals (total only, soluble if total exceeds ten times (STLC),
Volatile Hydrocarbons (EPA-8240), Total Recoverable Hydrocarbons (EPA-418.1), Total
Fuel Hydrocarbons (EPA-8015), Semi-Volatile Organics (EPA-8270) and Polychlorinated
Biphenyls (EPA-8080). (3317-1/96)
Vertical limits of hydrocarbon contamination shall be assessed. Sampling shall extend to a
depth sufficient to identify at least five (5') feet of uncontaminated soil or to a depth not
greater than five (5') feet above the water table in cases where regional groundwater will be
impacted by sampling operations. (3317-1/96)
If the landowner chooses to cleanup the site using screening criteria specified in UFC
8001.5.2.5 Table 2, the laboratory analytical work may specify the reanalysis of samples
exceeding screening criteria specified in UFC 8001.5.2.5 Table 1. The shelf life for the
samples must not be exceeded when the reanalyses are run. (3317-1/96,3430-7/99)
The laboratory contract shall specify use of EPA Method 3630 as a clean-up procedure prior
to soil analysis for CAPNA's using EPA-8270 if the 418.1 results show greater than 1,000
ppm. (3317-1/96)
Samples representative of a specific site should be obtained consistent with a Phase I
historical review of the site. The sampling frequency will vary depending on potential for on
site contamination.;Sampling should be targeted at identified or suspected contaminated
locations on the site. (3317-1/96)
Sampling of areas not suspected to be contaminated shall be done on a random basis
according to a Sampling Plan which shall be approved by the Fire Department. (3317-1196)
The Sampling Protocol, both in terms of site specific targets and other random sampling
should be formulated in cooperation with the Fire Department. The burden of demonstrating
soil cleanup to established limits of contamination shall be the responsibility of the land
owner. The Fire Department's approval of a Sampling Protocol shall be required. (3317-1/96)
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17.56.165--17.56.165 Huntington Beach Municipal Code
A Site Auditor, as identified in UFC 8001.5.2.5 shall be a requirement placed on all
significantly large oil field properties and on smaller properties where a reasonably large
number of contamination sources are deemed to remain unsampled following completion of
the approved Sampling Protocol. The requirement for a Site Auditor shall be at the discretion
of the Fire Department. (3317-1/96, 3430-7/99)
Soil sampling shall be carried out using protocols approved by the California Leaking
Underground Fuel Tank Manual and/or the Orange County Health Department. (3317-1/96)
Analytical results which may be inconsistent or anomalous when compared to other sample
data taken as part of the site assessment shall be made a part of the record although the land
owner shall have the option of providing additional samples to clarify inconsistencies. The
number and location of these samples shall be determined by the land owner. (3317-1/96)
7. Specifications for Reuse of Crude Oil Contaminated Soils as Road Subgrade. Soils must
meet criteria listed in UFC 8001.5.2.5 Table 1 and 2. (3317-1/96,3430-7/99)
Reused soils must meet compaction requirements. (3317-1/96)
Reused soils shall be placed directly beneath the asphalt cap and underlying aggregate to a
maximum depth of four(4) feet below the road surface. Fills deeper than four (4) feet must
be approved by the Fire Department based on sufficient findings. (3317-1/96)
Potable drinking water lines must be surrounded by clean sand or gravel and approved and
inspected by the appropriate City Departments before burial in the roadway. (3317-1/96)
A detailed set of drawings must be submitted to the City showing the plan of reused soils, a
cross section of the road base, locations of utility lines and thickness of clean sand and gravel
pack placed around these lines. Soil analysis data for the road fill must also be submitted
which shall verify compliance with the standards listed in Table 1 and/or Table 2. (3317-1/96)
8. Scope of Contract Specifications for On Site Auditing During Grading Activities. The
Auditor shall be an independent environmental or geotechnical consulting company with
adequate training to identify petroleum contaminated soils with field instruments and
techniques described below. The Auditor shall be licensed by the State of California as a
Registered Environmental Assessor. (3317-1/96)
Auditors will monitor grading activities for indicators that petroleum hydrocarbons may have
contaminated the soils and shall be aware of the situations and procedures: (3317-1/96)
a. Soft spongy soils that become evident as heavy equipment travels over it. (3317-1/96)
b. Hydrocarbon odors emanating from the soil. (3317-1/96)
c. A reading of greater than twenty (20) ppm on a hand held organic vapor monitor(OVM)
held three (3) inches from suspected contaminated soils. The meter shall be calibrated at
least twice per day. (3317-1/96)
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Huntington Beach Municipal Code 17.56.165--17.56.165
d. A small vial of solvent can be used to extract a small amount of soil. If the solvent
becomes discolored petroleum may be present. (3317-1/96)
If any of the indicators above are found, the Auditor shall devise a sampling program capable
of ascertaining whether or not waste is classified as hazardous. All sampling procedures shall
be in accordance with the protocols established by LUTF and/or the Orange County Health
Department. The contamination citing shall be made a part of the record and the Fire
Department shall be immediately notified. (3317-1/96)
Sufficient samples shall be analyzed to characterize the vertical and horizontal extent of the
potential contaminant. If samples exceed the screening criteria in UFC 8001.5.2.5 Table 1,
the soil must either be removed or reanalyzed and compared to criteria in UFC 8001.5.2.5
Table 2. If the soil is determined to meet the Table 2 criteria, the soil can be incorporated into
the fill. If it does not, the soil can be stockpiled for remediation and reuse or removed from
the site. (3317-1/96,3430-7/99)
A report documenting the observations made and samples obtained during grading shall be
prepared. This report shall document compliance with the appropriate section of Table 1
and/or Table 2, as applicable. (3317-1/96)
Table 1
Screening Level for Hydrocarbon Clean-up
Land Use TPH(418.1) ;. .TPH (8015M)`
Residential & Recreational <500 ppm < 500 ppm
Commercial & Industrial <1,000 ppm <1,000 ppm
Roadway
• 0'-4' Below Road Surface n/a <1,000 ppm total; <100 ppm of
the <C 14 component
• >4' Below Road Surface <1,000 ppm <1,000 ppm
Table 2
Screening Level for Hydrocarbon Clean-up
Land Use BTX&,E (8020) s.�. PNA'(8270)'
Residential & Recreational B<1.0 ppm Each CAPNA <0.5 ppm
T, X& E <10.0 ppm Total CAPNA's <3.0 ppm
individually
Commercial & Industrial B<1.0 ppm Each CAPNA<1.0 ppm
T, X & E<10.0 ppm Total CAPNA's <6.0 ppm
individually
Roadway
• 0'-4' Below Road Surface B<1.0 ppm Each CAPNA <1.0 ppm
T, X& E<10.0 ppm Total CAPNA's <9.0 ppm
individually
• >4' Below Road Surface B<1.0 ppm Total CAPNA <1.0 ppm
T, X& E <10.0 ppm Total CAPNA's<6.0 ppm r
individually I ,}
['Based on CAPNA's found in Proposition 65 list, in addition to benzo (g,h,i)
perylene]
7/99
1/9617.56.170--17.56.190 Huntington Beach Municipal Code
17.56.170 UFC Section 8001.7 Identification Signs. (3317-1/96,3430-7/99)
Identifications Signs. When required by the fire chief, visible identificaton signs shall be placed
in approved locations where hazardous materials are stored, dispensed, used or handled in
accordance with Huntington Beach Fire Prevention Division Hazardous Materials Identification
Guidelines City Specification 4423.(3317-1/96)
17.56.175 Add UFC Section 8001.11.00 Spill Control, Drainage Control, and Secondary
Containment. (3317-1/96, 3430-7/99)
Spill Control. Drainage Control, and Secondary Containment. Spill control, drainage control and
secondary containment in accordance with UFC Section 8003.1.3 may be required for those
amounts under the exempt quantities specified in UFC Section 8001.15.2 and Tables 8001.15-A
through 8001.15-D if deemed necessary by the fire chief. (3317-1/96, 3430-7/99)
17.56.180 UFC Section 8001.15.1 Exempt Amounts. (3317-1/96,3430-7/99)
Storage, dispensing, use and handling of hazardous materials in quantities not exceeding exempt
amounts shall be in accordance with UFC Section 8001. At the discretion of the fire chief,
hazardous materials present below the exempt amounts specified in UFC Section 8001.15.2 and
Tables 8001.15-A through 8001.15-D may be required to meet provisions found in UFC Sections
8003.1.2 through 8003.1.14. (3317-1/96.3430-7/99)
1.7.56.182 UFC Section 8003.1.2 Hazardous Materials Signs. (3317-1/96,3430-7/99)
UFC Section 8003.1.2 is amended to read: Suns. Stationary aboveground containers and tanks
shall be placarded and labeled in accordance with UFC Section 8001.7 and Huntington Beach
Fire Prevention Division Stationary Tank Hazard Identification Guidelines, refer to City
Specification#423. (3317-1/96,3430-7/99)
17.56.184 UFC Section 8003.1.5 Maximum Quantity Hazardous Materials On Site. (3317-1/96, 3430-7/99)
UFC Section 8003.1.1a is amended to read: Maximum Quantity On Site. The storage of
hazardous materials shall be in accordance with local zoning regulations except as follows:
(3317-1/96)
No person shall use or store extremely hazardous substances within a residential zoned or any
property developed for residential use. (3317-1/96,3430-7/99)
EXCEPTION: The use of fumigants, pesticides, or other regulated economic poisons, when used
in accordance with nationally recognized standards by a State licensed contractor or the City and
for which a permit has first been issued by the fire chief. (3317-1/96,3430-7/99)
17.56.190 UFC Section 8004.1.1 Applicability. (3317-1/96)
At the discretion of the fire chief, materials present below the exempt amounts set forth in UFC
Section 8001.15 may be required to meet provisions stipulated in UFC Sections 8004.1.2 through
8004.4.3. (3317-1/96,3430-7/99)
7/99
Huntington Beach Municipal Code 17.56.192--17.56.205
17.56.192 UFC Section 8004.1.9 Hazardous Materials Signs. (3317-1/96)
Signs. In addition to the hazards identification signs required by UFC Section 8001.7, additional
hazard identification and warning signs shall be provided as follows: (3317-1/96)
Stationary containers and aboveground tanks shall be placarded and labeled in accordance with
Huntington Beach Fire Prevention Division Stationary Tank Hazard Identification Guidelines,
refer to City Specification#423. (3317-1/96,3430-7/99)
17.56.195 UFC Section 8102.10.2 High Piled Stock Aisle Width. (3317-1/96,3430-7/99)
UFC Section 8102.10.2 is amended to read as follows: (3317-1/96,3430-7/99)
During the stocking operation, a minimum exit width of forty-four (44) inches shall be
maintained. (3317-1/96)
Add UFC Section 8102.10.2.1 to read as follows: (3317-1/96,3430-7/99)
3. Exceptions: When cross aisles are provided the maximum required width shall be fourteen
(14) feet. (3317-1/96,3430-7/99)
17.56.200 Adopt UFC Appendix I-A Amended--Life safety requirements for existing
buildings other than high rise. (3317-1/96,3430-7/99)
i
Section 1. GENERAL (3317-1/96)
EXCEPTION: Group R, Division 1 (less than seven (7) units), Group U occupancies and
occupancies regulated by Appendix 1-B and Group R, Division 3 Occupancies, except that
Group R, Division 3 Occupancies will comply with Section 6. (3317-1/96)
17.56.205 Adopt UFC Appendix II-C Amended--Marinas. (3317-1/96, 3430-7/99)
Section 2. PLANS AND APPROVALS GENERAL.
Plans for marina fire-protection facilities shall be approved by the fire chief prior to installation.
The completed work shall be subject to final inspection and approval after installation. Two (2)
sets of plans shall be submitted to the Fire Department indicating: (3317-1/96,3430-7/99)
(a) The dock layout. (3317-1/96)
(b) The location of wet standpipe outlets, accompanied by pipe schedules and hydraulic
calculations. (3317-1/96)
(c) Location of fire extinguisher cabinets. (3317-1/96)
7/99
Huntington Beach Municipal Code 17.56.205--17.56.210
Section 6. FIRE-PROTECTION EQUIPMENT. (3317-1/96)
All piers, wharves, floats with facilities for mooring or servicing five (5) or more vessels, and
marine service stations shall be equipped with fire protection equipment as follows: (3317-1/96)
(a) A wet standpipe system shall be installed on all docks, piers, wharves, or marine service
stations that exceed one hundred (100) feet in length or are otherwise inaccessible from City
fire hydrants. The wet standpipe system shall be capable of delivering two-hundred and fifty
(250) gallons per minute at a residual pressure of fifty (50) psi at the outlet. The outlet shall
be a two-and-one-half(2 1/2) inch national standard thread with an approved gate valve.
Outlets shall be spaced at two hundred (200) foot intervals, in approved locations, preferably
at point of public access. Outlets shall be installed so that they are readily visible,
unobstructed and readily discernible as a piece of firefighting equipment. (3317-1/96)
(b) Piers and wharves shall be provided with fire apparatus access roads and water supply
systems with on-site fire hydrants as may be required by the fire chief. Such roads and water
systems shall conform to UFC Article 10 of this code. (3317-1/96,3430-7/99)
(c) The wet standpipe system shall be provided with a Fire Department siamese connection
which shall be located within five (5) feet of the nearest fire apparatus access roadway.
(3317-1/96)
(d) PORTABLE FIRE-PROTECTION EQUIPMENT. (3317-1/96)
(1) A 4A, 40-13:C fire extinguisher shall be located every one hundred and fifty (150) feet
along the dock. The fire extinguisher shall be located in a standard fire extinguisher
cabinet with a breakable glass front. The Cabinet shall have placards on both sides with
the words `FIRE EXTINGUISHER' and either have an additional placard on the front or
shall be easily recognized from the front as a fire extinguisher cabinet. (3317-1/96)
(2) The fire chief shall designate the type and number of all other fire appliances to be
installed and maintained in each marina. (3317-1/96,3430-7/99)
7. TRANSMISSION OF ALARMS. (3317-1/96)
A means for transmitting alarms immediately to the Fire Department shall be available pursuant
to the standards and specification of the Huntington Beach Fire Department. (3317-1/96)
17.56.210 Adopt UFC Appendix II-E Amended--Hazardous Materials Management Plan
and Hazardous Materials Inventory Statement. (3317-1/96,3430-7/99)
Section 1. Scope (3317-1/96)
ADD-- The Huntington Beach Municipal Code, Chapter 17.58 is incorporated herein by
reference, and declared to be part of the Huntington Beach Fire Code as though set out in full
herein. The intent of Appendix II-E and Municipal Code Chapter 17.58 is deemed to be
substantially equivalent in intent. (3317-1/96)
7/99
17.56.220--17.56.220 Huntington Beach Municipal Code
17.56.220 Adopt UFC Appendix II-F Amended--Aboveground Tanks
Adopt Appendix II-F amended - Section 4.3 Tank Design - Size: Primary tanks shall not exceed
a 2,200 gallons maximum tank, the aggregate gallonage per site shall be limited to 2,200 gallons.
Quantities greater than 2,200 gallons aggregate shall be approved by the fire chief.
Table A-II-F-1 - Minimum Separation Requirements For Protected Aboveground Tanks
Amended
MINIMUM
DISTANCE FROM
MINIMUM THE NEAREST
DISTANCE FROM SIDE OF ANY
PROPERTY LINE PUBLIC WAY OR
WHICH CAN BE FROM THE
BUILT UPON, NEAREST
INCLUDING THE IMPORTANT MINIMUM
INDIVIDUAL TANK OPPOSITE SIDE OF BUILDING ON THE DISTANCE
CAPACITY A PUBLIC WAY SAME PROPERTY BETWEEN TANKS
Gallons (liters) Feet (mm) Feet (mm) Feet (mm)
Less than or equal to 15 (4572) 15 4572 3 (914)
2,200
7/99
Huntington Beach Municipal Code 17.60.010-17.60.020
Chapter 17.60
SOLAR ENERGY CODE
(2178-4/77,2431-7/80,2787-9/85,2976-12/88,3022-12/89,3147-7/92,3308-12/95,3429-7/99)
Sections:
17.60.010 Adoption
17.60.020 Title
17.60.030 (Repealed--3022-12/89)
17.60.040 (Repealed--3022-12/89)
17.60.010 Adoption. There is hereby adopted by the City Council by reference that certain
code known as the Uniform Solar Energy Code, compiled by the International Association of
Plumbing and Mechanical Officials, being particularly the 1997 edition thereof and the whole
thereof, except as hereafter provided, excluding Part 1, "Administration". Such code, and
amendments thereto, is hereby adopted and incorporated pursuant to California Government
Code sections 50022.2 et seq., and Health and Safety Code Section 18941.5 as fully as though
set out at length herein for the purpose of protecting public health and safety by prescribing
minimum standards for the use, design and installation of solar energy systems;by requiring a
permit and inspection for installation, alteration and replacement of said equipment. From the
date on which this chapter takes effect, the provisions thereof shall be controlling within the
corporate limits of the city of Huntington Beach. (2178-4/77,2431-7/80,2787-9/85,2976-12/88,3022-12/89,
3147-7/92,3308-12/95,3429-7/99)
17.60.020 Title. This chapter shall be known as the "Huntington Beach Solar Energy Code,"
may be cited as such and will be referred to herein as "this code." (2178-4/77,2431-7/80,3022-12/89)
7/99
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective June 16, 1999)
Please Remove from Code Please Add to Code
Chapter 1.12 Chapter 1.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Carrol Gibbons, Deputy City Clerk, Records Division
(714) 374-1632
4E� �Munrc� a/ C®cue �s�aua�ilableon theln`ternete��
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
990616
e %
Huntington Beach Municipal Code 1.12.010--1.12.020
Chapter 1.12
CITY HALL
(1-2/09, 262-6/23, 1337-7/67, 1908-3/74, 3420-6/99)
Sections:
1.12.010 Designation
1.12.020 Location of Civic Center
1.12.010 Designation. The room or building used by the Council of the City for its meetings
shall be called the "City Hall." (1-2/09)
1.12.020 Location of Civic Center. Those certain municipal buildings in the City of
Huntington Beach and within an area bounded by Yorktown Avenue on the north, Main Street on
the west, Utica Avenue on the south, Park Street and Lake Street on the east and Park Street on
the southeast and south shall be the Civic Center of the City of Huntington Beach. (1-2/09,262-
6/23, 1337-7/67, 1908-3/74, 3420-6/99)
6/99
HUNTINGTON BEACH
MUNICIPAL CODE UPDA TES
(Effective June 2 , 1999)
Please Remove from Code Please Add to Code
Chapter 2.34 Chapter 2.34
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Carrol Gibbons, Deputy City Clerk, Records Division
(714) 374-1632
����M�un�c�palCode �sa►a�lable on�thelnterne�� �
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
990602
Huntington Beach Municipal Code 2.34.010--2.34.050
CHAPTER 2.34
CITY PLANNING COMMISSION
(3253-11/94, 3418-6/99)
Sections:
2.34.010 Commission established
2.34.020 Duties
2.34.030 Records of commission
2.34.040 Members
2.34.050 Appointment
2.34.060 Term
2.34.070 Vacancies
2.34.080 Temporary absences
2.34.090 Bylaws
2.34.100 Advisors
2.34.110 Assistance for Commission
2.34.120 Compensation
2.34.010 Commission established. There is hereby established a Planning Commission in and
for the City of Huntington Beach which shall be known as the Planning Commission of the City of
Huntington Beach. The authority to create a Planning Commission is derived from the Huntington
Beach City Charter Section 405. (3253-11/94)
2.34.020 Duties. The duties of the Planning Commission shall be as provided in the California
Government Code Title 7, as may be amended, and as provided by ordinance of the City of
Huntington Beach. (3253-11/94)
In addition to powers and duties specified in the Government Code, the Planning Commission shall
have the power and be required to: (3253-11/94)
(a) Recommend to the City Council after a public hearing thereon, the adoption, amendment or
repeal of a master or general plan, or any part thereof, for guidance in the physical development
of the city. (3253-11/94)
(b) Exercise such functions with respect to land subdivisions as shall be provided by the
Subdivision Map Act, and by ordinance not inconsistent with the provisions of the Charter.
(3253-11/94)
(c) Exercise such functions with respect to zoning, building, land use, precise plans, specific plans,
and related matters which may be prescribed by ordinance not inconsistent with the provisions
of the Charter. (3253-11/94)
(d) Perform such other functions not inconsistent with the Charter as may be delegated to it by the
City Council. (3253-11/94)
2.34.030 Records of commission. Accurate and permanent records of the acts of the commission
shall be kept, and such records shall have the same status as records of other administrative
departments of the city. (3253-11/94)
2.34.040 Members. The Planning Commission shall consist of seven(7) members who shall be
residents of the city and shall not be officers or employees of the city. (3253-11/94)
2.34.050 Appointment. Each member of the City Council shall appoint one member to the
Planning Commission. (3253-11/94)
11/94
2.34.060--2.34.120 Huntington Beach Municipal Code I
2.34.060 Term. Each member of the Planning Commission shall serve a four(4) year term
commencing on January 1 following a general municipal election at which the appointing
Councilmember was elected. In the event the office of any appointing Councilmember becomes
vacant during the term thereof,the term of the Planning Commissioner appointed by such
Councilmember shall terminate thirty (30) days after such vacancy occurs. Following expiration
of his/her term of office, each member of the Planning Commission shall continue to serve until
his/her successor is appointed and qualified. Members of the Planning Commission may be
removed by the Councilmember of which he/she is the appointee, upon announcement of such
removal at a regular City Council meeting; provided, however, that no member of the Planning
Commission may be removed prior to January 1 following any general municipal election. (3253-
11/94,3418-6/99)
2.34.070 Vacancies. Vacancies in the Planning Commission shall be filled by appointment by the
City Councilmember or his successor,who made the appointment which is vacated. (3253-11/94)
2.34.080 Temporary absences. Any Planning Commissioner who, because of health reasons, or
prolonged absence from the City, shall notify the Councilmember of which he is the appointee, and
such Councilmember may appoint an acting commissioner to serve during the period the appointee
is to be absent. The acting commissioner shall meet all the requirements of the appointed Planning
Commissioner. (3253-11/94)
2.34.090 Bylaws. The Planning Commission shall adopt such bylaws and rules as it deems
necessary to provide for its officers and their method of selection, time and place of meetings and
for such other matters relative to its work and administration of its duties which are not otherwise
provided for by statue or ordinance. (3253-11/94)
2.34.100 Advisors. The Planning Commission may request attendance at its meetings of any
officer or employee of the city to assist the Commission in its deliberations in an advisory capacity
but who shall not have the authority to vote upon any matter being considered by the Commission.
(3253-11/94)
2.34.110 Assistance for Commission. The Commission may make such investigations, employ
such city help, secure such advice, and have prepared such plans and reports as it may deem
necessary to perform its duties and functions. (3253-11/94)
2.34.120 Compensation. Members of the Planning Commission may receive compensation for
their service. Said compensation shall be set by resolution of the City Council. (3253-11/94)
6/99
y
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective June 2 , 1999)
Please Remove from Code Please Add to Code
Table of Contents, P. 1 & 2 Table of Contents, P. 1 & 2
Title 3 Index Title 3 Index
New Chapter) 3.56
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Christine Cleary, Deputy City Clerk, Records Division
(714) 374-1632
��:�� �?���Nlur►ici�alCode�.=�s �auarla:ble onthe,�lnternet�c��`
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
` °1- r d d ` - Ted' wk •� iA'' ✓4 Kok :. - �M
Table of Contents
CITY CHARTER (c-I through c-20)
TITLE 1 - GENERAL PROVISIONS
1.01 Code Adoption
1.04 General Provisions
1.08 Official Seal
1.12 City Hall
1.13 Fiscal Year
1.16 General Penalty-Enforcement
1.20 Notices
TITLE 2-ADMINISTRATION AND PERSONNEL
2.04 Eligibility of Candidates
2.05 Gifts to Public Officials
2.06 Campaign Documents
2.07 Campaign Reform Law
2.08 Administrative Officer
2.12 Administrative Services Department
2.16 City Treasurer
2.20 City Attorney
2.24 Police Chief
2.28 City Council
2.30 Community Services Department
2.32 Department of Community Development
2.34 City Planning Commission
2.40 Fire Department
2.52 Police Department
2.56 Public Works Department
2.64 Community Services Commission
2.72 Personnel System
2.76 Competitive Service Regulations
2.80 Redevelopment Agency
2.84 Public Library-General Provisions
2.86 Library Services Department
2.96 Disposition of Unclaimed Property
2.97 Citizens Participation Advisory Board
2.100 Operating Policy for Boards and Commissions
2.101 Allied Arts Board
2.102 Environmental Board
2.104 Advisory Board on the Handicapped
2.106 Fourth of July Executive Board
2.107 Historic Resources Board
2.108 Huntington Beach Youth Board
2.109 Finance Board
2.110 Investment Advisory Board
2.111 Public Works Commission
2.112 Mobile Home Advisory Board
10/98 j
TITLE 3
TITLE 3-REVENUE AND FINANCE
3.02 Purchasing Division
3.03 Professional Services
3.04 Fund Regulations
3.06 Surplus Real Property
3.08 Capital Outlay Fund
3.12 Gas Tax Fund
3.14 Self Insurance Liability Claims Loss Reserve
3.16 Determination of City Tax Rate
3.20 Documentary Transfer Tax
3.24 Sales and Use Tax
3.28 Transient Occupancy Tax
3.32 Cigarette Tax
3.36 Utilities Tax
3.40 Community Enrichment Library Fee
3.44 Pipeline Franchises
3.48 Late Charges
3.52 Huntington Beach Auto Dealers Business Improvement District
3.56 Special Tax Financing Improvement Code
TITLE 4-RESERVED
TITLE 5-BUSINESS LICENSES AND REGULATIONS
5.04 General Provisions
5.08 Licensing Procedures
5.10 Enforcement of Title
5.12 Exemptions to Provisions
5.16 Rates
5.20 Ambulance Service
5.24 Massage Establishments
5.28 Dance Halls
5.32 Natural Resources Production
5.34 Gasoline Pricing
5.36 Pawnbrokers, Junk Dealers and Secondhand Dealers
5.40 Collection From Trash Drop Off Boxes and Trash Bins
5.41 Collection of Recyclable Materials
5.44 Restaurants-Amusement and Entertainment Permits
5.48 Taxicabs-Vehicles for Hire
5.50 Mobile Vending
5.52 Motion Picture Theaters
5.54 Commercial Photography
5.56 Burglar Alarms
5.60 Figure Model Studios
5.64 Bingo Games
5.66 Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.72 Fortunetelling
5.74 Harmful Matter
TITLE 6-RESERVED
TITLE 7-ANIMALS
7.04 Adoption of County Ordinances
7.08 Licensing Provisions
7.12 Miscellaneous Animal Care and Control
6/99 11
Huntington Beach Municipal Code Title 3 Index
Title 3
REVENUE AND FINANCE
Chapters:
3.02 Purchasing Division
3.03 Professional Service
3.04 Fund Regulations
3.06 Surplus Real Property
3.08 Capital Outlay Fund
3.12 Gas Tax Fund
3.14 Self Insurance Liability Claims Loss Reserve
3.16 Determination of City Tax Rate
3.20 Documentary Transfer Tax
3.24 Sales and Use Tax
3.28 Transient Occupancy Tax
3.32 Cigarette Tax
3.36 Utilities Tax
3.40 Community Enrichment Library Fees
3.44 Pipeline Franchises
3.48 Late Charges
3.52 Huntington Beach Auto Dealers Association
3.56 Special Tax Financing Improvement Code
6/99
Huntington Beach Municipal Code Chapter 3.56 Index
CHAPTER 3.56
(3417-6/99)
CITY OF HUNTINGTON BEACH SPECIAL TAX FINANCING IMPROVEMENT CODE
Article 1 —Index
General Provisions
Sections:
3.56.010 Short title
3.56.020 Municipal and State affairs; authority conferred by Code; applicability of laws
3.56.030 Conflicting provisions; severability
3.56.040 Actions or determinations by local agency
3.56.050 Liberal construction of chapter; error, irregularity, neglect or omission
3.56.060 Failure to receive notice, resolution, order or other matter not affecting proceedings
3.56.070 Definitions
Article 2 -Index
Purpose of District
Sections:
3.56.100 Initiation of proceedings to establish district upon adoption of certain local goals and
policies
3.56.110 Establishment of community facilities district to finance certain services
3.56.120 Additional financing powers of district; purchase, construction, expansion,
improvement, rehabilitation, or planning and design work of real or tangible property
3.56.130 Additional district financing powers
3.56.140 Revolving fund for cleanup of hazardous substances; withdrawal of funds
3.56.150 Liability; removal or remedial action; hazardous substances released or threatened to
be released
3.56.160 Ordinance; local agency contribution; purposes
3.56.170 Joint community facilities agreement or joint exercise of powers agreement
3.56.180 Special tax; property acquired by public entity through negotiated transaction or by gift
or devise
3.56.190 Special tax; special assessment on property acquired by public entity through eminent
domain
Article 3 - Index
Proceedings To Create A Community Facilities District
Sections:
3.56.200 Institution of proceeding; request; petition; fee
3.56.210 Petition; contents; findings as to requisite number of signers
3.56.220 Resolution of intention to establish district; time for adoption
3.56.230 Reports and estimate of costs by responsible officers; remedial action plan for cleanup
of hazardous substance; inclusion in record of hearing
6/99
Chapter 3.56 Index-3.56.020 Huntington Beach Municipal Code
Article 4 - Index
Procedures For Levying
Sections:
3.56.300 Lease or possessory interest by exempt person or entity to nonexempt person or entity;
lease provisions; collection
3.56.310 Actions or proceedings against levy of special tax or increase in special tax; time for
commencement; time for perfection of appeal from final judgment
3.56.320 Reservation of rights; tender of full or partial payment; special tax installments or
interest or penalties due or delinquent
Article 5 - Index
Sections:
3.56.400 Resolution to incur bonded indebtedness
3.56.410 Inclusion of certain costs and estimated costs in proposed bonded indebtedness
3.56.420 Sale of bonds; appraisal of real property subject to special tax for paying debt service
on bond; determination of no unusual credit risk; vote to proceed for specified public
policy reasons
3.56.430 Agreement to notify one or more parties in the event specified events occur affecting
the market value of outstanding bonds; events triggering notice
3.56.440 Action to foreclose liens; cumulative remedy; resolution to diligently pursue foreclosure
action; collection of delinquent charges
3.56.450 Complainants; time limitations; contents of complaint
3.56.460 Judgment decree; contents; amount; attorneys' fees; application of general foreclosure
provisions
3.56.470 Price of property or possessory interests sold
3.56.480 Computation errors; validity of special tax installment, interest or penalty
3.56.490 Tender of bonds or debt; special taxes; penalties and interest; satisfaction of bid amount
3.56.500 Notice of proposed sale of bonds; contents
Article 1
General Provisions
3.56.010 Short title. This ordinance shall be known and may be cited as the "City of Huntington
Beach Special Tax Financing Improvement Code," and shall be referred to herein as the"Code".
3.56.020 Municipal and State affairs; authority conferred by Code; applicability of laws.
This Code is adopted pursuant to Section 500 of Article V of the Charter of the City of
Huntington Beach. In proceedings had pursuant to this Code which are a municipal affair, any
general laws referred to in this Code are deemed a part of this Code.
In the event that any proceeding had pursuant to this Code shall be adjudged a state affair, it is
declared to be the intention that the proceedings were had pursuant to any applicable general law
or laws.
6iss
Huntington Beach Municipal Code 3.56.020-356.070(a)
This Code provides an alternative method of financing certain public and private capital facilities
and municipal services. The provisions of this Code shall not affect or limit any other provisions
of law authorizing or providing for the furnishing of facilities or services, or the raising of revenue
for these purposes. The City may use the provisions of this Code in conjunction with the Mello-
Roos Community Facilities Act of 1982, as amended (commencing with Section 53311 of the
California Government Code) (the"Act"), or any other method of financing part or all of the cost
of providing the authorized kinds of public and private capital facilities and municipal services.
Actions not otherwise addressed in this Code shall be otherwise governed by the provisions of the
Act.
This Code shall be deemed to provide a complete, additional and alternative method for actions
authorized hereby and shall be regarded as a supplemental and additional to the powers conferred
by other laws, including the Act.
3.56.030 Conflicting provisions: severability. Any provision in this Code which conflicts with any
general law or act shall prevail over the other such provision in connection with any proceedings
taken pursuant to this Code.
In the event any portion of this Code shall be declared illegal, unenforceable or unconstitutional,
such provision shall be deemed severable from the rest of the provisions of this Code.
3.56.040 Actions or determinations by local agency. The local agency may take any actions or
make any determinations which it determines are necessary or convenient to carry out the purposes
of this Code and which are not otherwise prohibited by law.
3.56.050 Liberal construction of chapter; error, irregularity, neglect or omission.
This Code shall be liberally construed in order to effectuate its purposes. No error, irregularity,
informality, and no neglect or omission of any officer, in any procedure taken under this Code,
which does not directly affect the jurisdiction of the legislative body to order the installation of the
facility or the provision of service, shall void or invalidate such proceeding or any levy for the
costs of such facility or service.
3.56.060 Failure to receive notice, resolution, order or other matter not affecting
proceedings. The failure of any person to receive a notice, resolution, order, or other matter
shall not affect in any way whatsoever the validity of any proceedings taken under the Code, or
prevent the legislative body from proceeding with any hearing so noticed.
3.56.070 Definitions. Unless the context otherwise requires, the definitions contained in this
article shall govern the construction of this Code.
(a) "Act" means the Mello-Roos Community Facilities Act of 1982, as amended (commencing with
Section 53311 of the California Government Code).
6iss
3.56.070(b—i) Huntington Beach Municipal Code
(b) "City" means the City of Huntington Beach.
(c) "City Council" means the City Council of the City of Huntington Beach.
(d) "City Clerk" or"Clerk" means the City Clerk of the City of Huntington Beach.
(e) "Community facilities district" or "district" means a legally constituted governmental entity
established pursuant to this Code and the Act for the sole purpose of financing facilities and
services.
(f) "Cost" means the expense of constructing, installing or purchasing the public facility and of
related land, right-of-way, easements, including incidental expenses, and the cost of providing
authorized services, including incidental expenses.
(g) "Debt" means any binding obligation to pay or repay a sum of money, including obligations in
the form of bonds, certificates of participation, long-term leases, loans from government
agencies, or loans from banks, other financial institutions, private businesses, or individuals, or
long-term contracts.
(h) "Incidental expense" includes all of the following:
(1) The cost of planning and designing public facilities to be financed pursuant to this Code,
including the cost of environmental evaluations of those facilities.
(2) The costs associated with the creation of the district, issuance of bonds, determination
of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred
in order to carry out the authorized purposes of the district.
(3) Any other expenses incidental to the construction, completion, and inspection of the
authorized work.
(i) "Landowner," "owner" or"owner of land" means any person shown as the owner of land on
the last equalized assessment roll or otherwise known to be the owner of the land by the city
clerk. Notwithstanding the foregoing, "landowner", "owner" or"owner of land" means, with
respect to any land which is the subject of a condemnation action, the person entitled to
possession of the land pursuant to such condemnation action, or with respect to land to which
the City or Redevelopment Agency has fee title, the person having a leasehold interest in the
land for a term exceeding 40 years. The legislative body has no obligation to obtain other
information as to the ownership of the land, and its determination of ownership shall be final
and conclusive for the purposes of this Code. A public agency is not a landowner owner or
owner of land for purposes of this Code, unless the land owned by a public agency would be
subject to a special tax pursuant to Section 3.56.040 or unless the public agency has acquired
possession to the land through a condemnation and has made the certification required in
Section 3.56.300.
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Huntington Beach Municipal Code 3.56.0700)-3.56.100(a)(4))
(j) "Legislative body" means the legislative body or governing board of any local agency, and with
respect to the City means the City Council.
(k) "Local agency" means any city or county, whether general law or chartered, special district,
school district,joint powers entity created pursuant to Chapter 5 (commencing with Section
6500) of Division 7 of Title 1, or any other municipal corporation, district, or political
subdivision of the state.
(1) "Rate" means a single rate of tax or a schedule of rates.
(m) "Redevelopment Agency" means the Redevelopment Agency of the City of Huntington Beach.
(n) "Services" means the provision of categories of services identified in Section 3.56.110.
"Services" includes the performance by employees of functions, operations, maintenance, and
repair activities. "Services" does not include activities or facilities identified in Section
3.56.120.
Article 2
Purpose Of District
3.56.100 Initiation of proceedings to establish district upon adoption of certain local goals
and policies.
(a) The City may initiate proceedings to establish a district pursuant to this Code only if it has
first considered and adopted local goals and policies concerning the use of this Code, except
in the case of districts being formed pursuant to a development agreement between the City
and a qualified developer and or the Redevelopment Agency and a qualified developer. The
policies shall include at least the following:
(1) A statement of the priority that various kinds of public facilities shall have for
financing through the use of this Code, including public facilities to be owned and
operated by other public agencies, including school districts.
(2) A statement concerning the credit quality to be required of bond issues, including
criteria to be used in evaluating the credit quality.
(3) A statement concerning steps to be taken to ensure that prospective property
purchasers are fully informed about their taxpaying obligations imposed under this
Code.
(4) A statement concerning criteria for evaluating the equity of tax allocation formulas,
and concerning desirable and maximum amounts of special tax to be levied against
any parcel pursuant to this Code.
6iss
3.56.110-3.56.120 Huntington Beach Municipal Code
3.56.110 Establishment of community facilities district to finance certain services. A
community facilities district may be established under this Code to finance any one or more of the
following types of services within an area:
(a) Police protection services, including, but not limited to, criminal justice services. However,
criminal justice services shall be limited to providing services for jails, detention facilities, and
juvenile halls.
(b) Fire protection and suppression services, and ambulance and paramedic services.
(c) Recreation program services, library services, maintenance services for elementary and
secondary school sites and structures, and the operation and maintenance of museums and
cultural facilities. Bonds may not be issued pursuant to this Code to fund any of the services
specified in this subdivision. A special tax may be levied for any of the services specified in this
subdivision only upon approval of the voters as specified in subdivision (b) of Section 53328
of the Act. However, the requirement contained in subdivision(b) of Section 53328 of the Act
that a certain number of persons have been registered to vote for each of the 90 days preceding
the close of the protest hearing does not apply to an election to enact a special tax for
recreation program services, library services, and the operation and maintenance of museums
and cultural facilities subject to subdivision(c) of Section 53326 of the Act.
(d) Maintenance of streets, landscaping, street lighting, parks, parkways, and open space.
(e) Flood and storm protection services, including, but not limited to, the operation and
maintenance of storm drainage systems, and sandstorm protection systems.
(f) Services with respect to removal or remedial action for the cleanup of any hazardous
substance released or threatened to be released into the environment. As used in this
subdivision, the terms"remedial action" and"removal" shall have the meanings set forth in
Sections 25322 and 25323, respectively, of the Health and Safety Code, and the term
"hazardous substance" shall have the meaning set forth in Section 25281 of the Health and
Safety Code. Community facilities districts shall provide the State Department of Health
Services and local health and building departments with notification of any cleanup activity
pursuant to this subdivision at least 30 days prior to commencement of the activity.
3 56 120 Additional financinZ powers of district; purchase, construction, expansion,
improvement, rehabilitation, or planninIz and design work of real or tangible property. A
community facilities district may also finance the purchase, construction, installation expansion,
improvement, or rehabilitation of any real or other tangible property with an estimated useful life
of five years or longer or may finance planning and design work that is directly related to the
purchase, construction, expansion, or rehabilitation of any real or tangible property. The facilities
need not be physically located within the district. A district may only finance the purchase of
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Huntington Beach Municipal Code 3.56.120(a-g)
facilities whose construction has been completed, as determined by the legislative body, before the
resolution of formation to establish the district is adopted pursuant to Section 53325.1 of the Act,
except that a district may finance the purchase of facilities completed after the adoption of the
resolution of formation if the facility was constructed as if it had been constructed under the
direction and supervision, or under the authority of, the local agency. For example, a community
facilities district may finance facilities, including, but not limited to, the following:
(a) Local park, recreation, parkway, open-space facilities, beach maintenance facilities, beach
access facilities and parking facilities adjacent or accessible to such facilities.
(b) Elementary and secondary school sites and structures provided that the facilities meet the
building area and cost standards established by the State Allocation Board.
(c) Libraries.
(d) Child care facilities, including costs of insuring the facilities against loss, liability insurance in
connection with the operation of the facility, and other insurance costs relating to the operation
of the facilities, but excluding all other operational costs. However, the proceeds of bonds
issued pursuant to this Code shall not be used to pay these insurance costs.
(e) The district may also finance the construction or undergrounding of water transmission and
distribution facilities, natural gas pipeline facilities, telephone lines, facilities for the transmission
or distribution of electrical energy, and cable television lines to provide access to those services
to customers who do not have access to those services or to mitigate existing visual blight. The
district may enter into an agreement with a public utility to utilize those facilities to provide a
particular service and for the conveyance of those facilities to the public utility. "Public utility"
shall include all utilities, whether public and regulated by the Public Utilities Commission, or
municipal. If the facilities are conveyed to the public utility, the agreement shall provide that
the cost or a portion of the cost of the facilities that are the responsibility of the utility shall be
refunded by the public utility to the district or improvement area thereof, to the extent that
refunds are applicable pursuant to (1) the Public Utilities Code or rules of the Public Utilities
Commission, as to utilities regulated by the commission, or (2) other laws regulating public
utilities. Any reimbursement made to the district shall be utilized to reduce or minimize the
special tax levied within the district or improvement area, or to construct or acquire additional
facilities within the district or improvement area, as specified in the resolution of formation.
(f) The district may also finance the acquisition, improvement, rehabilitation, or maintenance of
any real or other tangible property, whether privately or publicly owned, for the purposes
described in subdivision (e) of Section 3.56.110.
(g) The district may also pay in full all amounts necessary to eliminate any fixed special
assessment liens or to pay, repay, or defease any obligation to pay or any indebtedness
secured by any tax, fee, charge, or assessment levied within the area of a community
facilities district or may pay debt service,on that indebtedness. In addition, tax revenues of a
district may be used to make lease or debt service payments on any lease, lease purchase
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3.56.1 20(g)-3.56.1 20(i)(2) Huntington Beach Municipal Code
contract, or certificate of participation used to finance authorized district facilities.
(h) Any other governmental facilities which the legislative body creating the community facilities
district is authorized by law to contribute revenue to, or construct, own, or operate. However,
the district shall not operate or maintain or, except as otherwise provided in subdivisions (e)
and (f), have any ownership interest in any facilities for the transmission or distribution of
natural gas, telephone service, or electrical energy.
(i) (1) A district may also pay for the following:
(A) Work deemed necessary to bring buildings or real property, including privately
owned buildings or real property, into compliance with seismic safety standards or
regulations. Only work certified as necessary to comply with seismic safety
standards or regulations by local building officials may be financed. No project
involving the dismantling of an existing building and its replacement by a new
building, nor the construction of a new or substantially new building may be
financed pursuant to this subparagraph. Work on qualified historical buildings or
structures shall be done in accordance with the State Historical Building Code(Part
2.7 (commencing with Section 18950) of Division 13 of the Health and Safety
Code).
i
(B) In addition, within any county or area designated by the President of the United
States or by the Governor as a disaster area or for which the Governor has
proclaimed the existence of a state of emergency because of earthquake damage,
a district may also pay for any work deemed necessary to repair any damage to real
property directly or indirectly caused by the occurrence of an earthquake cited in
the President's or the Governor's designation or proclamation, or by aftershocks
associated with that earthquake, including work to reconstruct, repair, shore up, or
replace any building damaged or destroyed by the earthquake. Work may be
financed pursuant to this subparagraph only on property or buildings identified in
a resolution of intention to establish a community facilities district adopted within
seven years of the date on which the county or area is designated as a disaster area
by the President or by the Governor or on which the Governor proclaims for the
area the existence of a state of emergency.
(2) Work on privately owned property, including reconstruction or replacement of privately
owned buildings pursuant to subparagraph(B) of paragraph(1), may only be financed by
a tax levy if all of the votes cast on the question of levying the tax, vote in favor of
levying the tax, or with the prior written consent to the tax of the owners of all property
which may be subject to the tax, in which case the prior written consent shall be deemed
to constitute a vote in favor of the tax and any associated bond issue. Any district created
to finance seismic safety work on privately owned buildings, including repair,
reconstruction, or replacement of privately owned buildings pursuant to this subdivision,
shall consist only of lots or parcels on which the legislative body finds that the buildings
to be worked on, repaired, reconstructed, or replaced, pursuant to this subdivision, are
6iss
Huntington Beach Municipal Code 3.56.120(2)-3.56.140(a)(3)
located or were located before being damaged or destroyed by the earthquake cited
pursuant to subparagraph (B) of paragraph (1) or by the aftershocks of that earthquake.
(j) (1) A district may also pay for the following:
(A) Work deemed necessary to repair and abate damage caused to privately owned
buildings and structures by soil deterioration. "Soil deterioration" means a chemical
reaction by soils that causes structural damage or defects in construction materials
including concrete, steel, and ductile or cast iron. Only work certified as necessary
by local building officials may be financed. No project involving the dismantling of
an existing building or structure and its replacement by a new building or structure,
nor the construction of a new or substantially new building or structure may be
financed pursuant to this subparagraph.
(B) Work on privately owned buildings and structures pursuant to this subdivision,
including reconstruction, repair, and abatement of damage caused by soil
deterioration, may only be financed by a tax levy if all of the votes cast on the
question of levying the tax vote in favor of levying the tax. Any district created to
finance the work on privately owned buildings or structures, including
reconstruction, repair, and abatement of damage caused by soil deterioration, shall
consist only of lots or parcels on which the legislative body finds that the buildings
or structures to be worked on pursuant to this subdivision suffer from soil
deterioration.
3.56.130 Additional district financinp_ powers. Pursuant to Section 3.56.120, a community
facilities district may also finance the acquisition improvement, rehabilitation, or maintenance of
any real or other tangible property, whether privately or publicly owned, for the purposes
described in subdivision (f) of Section 3.56.110.
3.56.140 Revolving Fund for cleanup of hazardous substances, withdrawal of funds.
(a) In connection with the financing of services and facilities pursuant to subdivision (f) of
Section 3.56.110 and Section 3.56.130, the legislative body may establish a revolving fund to
be kept in the treasury of the district. Except as provided in subdivision (b), moneys in the
revolving fund shall be expended solely for the payment of costs with respect to those services
and facilities. The revolving fund may be funded from time to time with moneys derived from
any of the following:
(1) Proceeds of the sale of bonds issued pursuant to Article 5 (commencing with Section 5-
1), notwithstanding any limitation contained in Section 3.56.410.
(2) Any taxes or charges authorized under this Code.
(3) Any other lawful source.
6igs
3.56.140(b)-3.56.160 Huntington Beach Municipal Code
(b) Subject to the provisions of any resolution, trust agreement or indenture providing for the
issuance of district bonds for the purposes set forth in Section 3.56.130, the legislative body
may withdraw money from the revolving fund whenever and to the extent that it finds that the
amount of money therein exceeds the amount necessary to accomplish the purposes for which
the revolving fund was established. Any moneys withdrawn from the revolving fund shall be
used to redeem bonds of the district issued for the purposes set forth in Section 3.56.300 or
shall be paid to taxpayers in the district in amounts which the legislative body determines.
3.56.150 Liability; removal or remedial action; hazardous substances released or
threatened to be released.
(a) Any responsible party as defined by subdivision(a) of Section 25323.5 of the Health and Safety
Code shall be liable to the district for the costs incurred in the removal or remedial action for
the cleanup of any hazardous substance released or threatened to be released into the
environment. The amount of the costs shall include interest on the costs accrued from the date
of expenditure. The interest shall be calculated based on the average annual rate of return on
the district's investment of surplus funds for the fiscal year in which the district incurred the
costs. Recovery of costs by a community facilities district under this section shall be
commenced before or immediately upon completion of the removal or remedial action, and
payments received hereunder by the district shall be deposited in the revolving fund in
accordance with Section 3.56.140. J
(b) To expedite cleanup, this section is intended to provide local jurisdictions an alternative method
of financing the cost of removal or remedial action for the cleanup of any hazardous substance
through the issuance of voter-approved limited obligation bonds. The provisions of this section
shall not affect or limit the provisions of any other law establishing the liability of any person
for, or otherwise regulating, the generation, transportation, storage, treatment, or disposal of
hazardous substances. The scope and standard of liability for any costs recoverable pursuant
to Section 3.56.150 shall be the scope and standard of liability set forth in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C.
Sec. 6901 et seq.), or any other provision of state or federal law establishing responsibility for
cleanup of hazardous waste sites.
3.56.160 Ordinance; local agency contribution; purposes. At any time either before or after
the formation of the district, the legislative body may provide, by ordinance, that for a period
specified in the ordinance, the local agency may contribute, from any source of revenue not
otherwise prohibited by law, any specified amount, portion, or percentage of the revenues for the
purposes set forth in the ordinance, limited to the following: the acquisition or construction of a
facility, the acquisition of interest in real property, or the payment of debt service with respect to
the financing of either, the provision of authorized services, and the payment of expenses
incidental thereto. The contribution shall not constitute an indebtedness or liability of the local
agency.
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Huntington Beach Municipal Code 3.56.170-3.56.170(e)(1)
3.56.170 Joint community facilities agreement or joint exercise of powers agreement.
(a) A community facilities district may finance facilities to be owned or operated by an entity other
than the agency that created the district, or services to be provided by an entity other than the
agency that created the district, or any combination, only pursuant to a joint community
facilities agreement or a joint exercise of powers agreement adopted pursuant to this section.
(b) At any time prior to the issuance of bonds by the district, the legislative bodies of two or more
local agencies may enter into a joint community facilities agreement pursuant to this section and
Sections 53316.4 of the Act and 53316.6 of the Act or into a joint exercise of powers
agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the California Government Code to exercise any power authorized by this Code with respect
to the community facilities district being created or changed if the legislative body of each entity
adopts a resolution declaring that such a joint agreement would be beneficial to the residents
of that entity.
(c) Notwithstanding Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the
California Government Code, a contracting party may use the proceeds of any special tax or
charge levied pursuant to this Code or of any bonds or other indebtedness issued pursuant to
this Code to provide facilities or services which that contracting party is otherwise authorized
by law to provide, even though another contracting party does not have the power to provide
those facilities or services.
(d) Notwithstanding subdivision (b), nothing in this section shall prevent entry into or amendment
of a joint community facilities agreement or a joint exercise of powers agreement, after the
issuance of bonds by the district, if the new agreement or amendment is necessary, as
determined by the legislative body, for either of the following reasons:
(1) To allow an orderly transition of governmental facilities and finances in the case of any
change in governmental organization approved pursuant to the Cortese-Knox Local
Government Reorganization Act of 1985 (Division 1 (commencing with Section 56000)
of Title 6).
(2) To allow participation in the agreement by a state or federal agency that could or would
not otherwise participate, including, but not limited to, the California Department of
Transportation.
(e) Notwithstanding any other provision of this Code, no local agency which is party to a joint
exercise of powers agreement or joint community facilities agreement shall have primary
responsibility for formation of a district or an improvement area within a district, or for an
extension of authorized facilities and services or a change in special taxes pursuant to Article 3,
unless that local agency is one or more of the following:
(1) A city, a county, or a city and county.
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3.56.170(e)(2)-3.56.200 Huntington Beach Municipal Code i
(2) An agency created pursuant to a joint powers agreement that is separate from the parties
to the agreement, is responsible for the administration of the agreement, and is subject to
the notification requirement of Section 6503.5.
(3) An agency that is reasonably expected to have responsibility for providing facilities or
services to be financed by a larger share of the proceeds of special taxes and bonds of the
district or districts created or changed pursuant to the joint exercise of powers agreement
or the joint community facilities agreement than any other local agency.
3.56.180 Special tax; property acquired by public entity through negotiated transaction or by
gift or devise. If property not otherwise exempt from a special tax levied pursuant to this Code is
acquired by a public entity through a negotiated transaction, or by gift or devise, the special tax shall,
notwithstanding Section 53340 of the Act, continue to be levied on the property acquired and shall
be enforceable against the public entity that acquired the property. However, even if the resolution
of formation that authorized creation of the district did not specify conditions under which the
obligation to pay a special tax may be prepaid and permanently satisfied, the legislative body of the
local agency that created the district may specify conditions under which the public agency that
acquires the property may prepay and satisfy the obligation to pay the tax. The conditions may be
specified only if the local agency that created the district finds and determines that the prepayment
arrangement will fully protect the interests of the owners of the district's bonds.
Notwithstanding any other provision of this Code, any public agency other than a city, county or
school district may subject property owned by it to the levy of special taxes, if it shall certify to
the City Council: (a) its agreement to do so, (b) that it intends to dispose of such property by
transfer to a non-governmental agency at some time in the future, and (c) that it agrees to
cooperate in the sale of property if necessary to obtain funds to pay any special taxes levied upon
such property.
3.56.190 Special tax; special assessment on property acquired by public entity through
eminent domain. If property subject to a special tax levied pursuant to this Code is acquired by a
public entity through eminent domain proceedings, the obligation to pay the special tax shall be
treated, pursuant to Section 1265.250 of the Code of Civil Procedure, as if it were a special
annual assessment. For this purpose, the present value of the obligation to pay a special tax to
pay the principal and interest on any indebtedness incurred by the district prior to the date of
apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code shall be
treated the same as a fixed lien special assessment.
Article 3
Proceedings To Create A Community Facilities District
3.56.200 Institution of proceeding; request; petition, fee. Proceedings for the establishment
of a community facilities district may be instituted by the legislative body on its own initiative and
shall be instituted by the legislative body when any of the following occurs: '
6/s9
Huntington Beach Municipal Code 3.56.200(a)-3.56.220
(a) A written request for the establishment of a district, signed by two members of the legislative
body, describing the boundaries of the territory which is proposed for inclusion in the area and
specifying the type or types of facilities and services to be financed by the district, is filed with
the legislative body.
(b) A petition requesting the institution of the proceedings signed by the requisite number of
registered voters, as specified in subdivision (d) of Section 3.56.210, is filed with the clerk of
the legislative body. The petition may consist of any number of separate instruments, each of
which shall comply with all of the requirements of the petition, except as to the number of
signatures.
(c) A petition requesting the institution of the proceedings signed by landowners owning the
requisite portion of the area of the proposed district, as specified in subdivision(d) of Section
3.56.210, is filed with the clerk of the legislative body.
(d) The written request filed pursuant to subdivision (a) and the petitions filed pursuant to
subdivisions (b) and (c) shall be accompanied by the payment of a fee in an amount which the
legislative body determines is sufficient to compensate the legislative body for all costs incurred
in conducting proceedings to create a district pursuant to this Code.
J 3.56.210 Petition; contents; findings as to requisite number of signers. A petition requesting
the institution of proceedings for the establishment of a community facilities district shall do all of
the following:
(a) Request the legislative body to institute proceedings to establish a community facilities district
pursuant to this Code.
(b) Describe the boundaries of the territory which is proposed for inclusion in the district.
(c) State the type or types of facilities and services to be financed by the district.
(d) Be signed by not less than 10 percent of the registered voters residing within the territory
proposed to be included within the district or by owners of not less than 10 percent of the area
of land proposed to be included within the district. If the legislative body finds that the petition
is signed by the requisite number of registered voters residing within the territory proposed to
be included within the district or by the requisite number of owners of land proposed to be
included within the district, that finding shall be final and conclusive.
3.56.220 Resolution of intention to establish district; time for adoption. Within 90 days after
either a written request by two members of the legislative body or a petition requesting the institution
of proceedings for the establishment of a community facilities district is filed with the legislative body,
it shall adopt a resolution of intention to establish a community facilities district in the form specified
in Section 53321 of the Act.
6iss
3.56.230-3.56.300(c) Huntington Beach Municipal Code
3.56.230 Reports and estimate of costs by responsible officers; remedial action plan for
cleanup of hazardous substance; inclusion in record of hearing. At the time of the adoption
of the resolution of intention to establish a community facilities district, the legislative body shall
direct each of its officers who is or will be responsible for providing one or more of the proposed
types of public facilities or services to be financed by the district, if it is established, to study the
proposed district and, at or before the time of the hearing, file a report with the legislative body
containing a brief description of the public facilities and services by type which will in his or her
opinion be required to adequately meet the needs of the district and his or her estimate of the cost
of providing those public facilities and services. If the purchase of completed public facilities or
the payment of incidental expenses is proposed, the legislative body shall direct its appropriate
officer to estimate the fair and reasonable cost of those facilities or incidental expenses.
If removal or remedial action for the cleanup of any hazardous substance is proposed, the
legislative body shall (a) direct its responsible officer to prepare or cause to be prepared, a
remedial action plan based upon factors comparable to those described in subdivision (c) of
Section 25356.1 of the Health and Safety Code or (b) determine, on the basis of the particular
facts and circumstances, which shall be comparable to those described in subdivision (g) of
Section 25356.1 of the Health and Safety Code, that the remedial action plan is not required or
(c) condition financing of the removal or remedial action upon approval of a remedial action plan
pursuant to Section 25356.1 of the Health and Safety Code. All of those reports shall be made a
part of the record of the hearing on the resolution of intention to establish the district.
Article 4
Procedures For Levying
3.56.300 Lease or possessory interest by exempt person or entity to nonexempt person or
entity; lease provisions; collection
(a) If a public agency owning property, including property held in trust for any beneficiary, which
is exempt from a special tax pursuant to Section 53340 of the Act grants a leasehold or other
possessory interest in the property to a nonexempt person or entity, the special tax shall,
notwithstanding Section 53340 of the Act, be levied on the leasehold or possessory interest and
shall be payable by the owner of the leasehold or possessory interest.
(b) When entering into a lease or other written contract creating a possessory interest that may be
subject to taxation, pursuant to subdivision (a), the public agency shall include, or cause to be
included, in the contract a statement that the property interest may be subject to special taxation
pursuant to this Code, and that the party in whom the possessory interest is vested may be
subject to the payment of special taxes levied on the interest. Failure to comply with the
requirements of this section shall not, however, invalidate the contract.
(c) If the special tax on any possessory interest levied pursuant to subdivision (a) is unpaid when
due, the tax collector may use those collection procedures which are available for the collection
of assessments on the unsecured roll.
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Huntington Beach Municipal Code 3.56.310-3.56.320(2)(A)
3.56.310 Actions or proceedings against levy of special tax or increase in special tax; time
for commencement; time for perfection of appeal from final judgment. Any action or
proceeding to attack, review, set aside, void, or annul the levy of a special tax or an increase in a
special tax pursuant to this Code shall be commenced within 30 days after the special tax is
approved by the voters. Any appeal from a final judgment in that action or proceeding shall be
perfected within 30 days after the entry of judgment.
3.56.320 Reservation of rights; tender of full or partial payment; special tax installments or
interest or penalties due or delinquent.
(a) The legislative body may provide in the resolution issuing bonds and in documents setting
forth the rights of the debtholders that it shall reserve to itself, the right and authority to
allow any interested owner of property within the district, subject to the provisions of this
section and to those conditions as it may impose, and any applicable prepayment penalties as
prescribed in the bond indenture or comparable instrument or document, to tender to the
district treasurer in full payment or part payment of any installment of the special taxes or
the interest or penalties thereon which may be due or delinquent, but for which a bill has
been received, any bond or other obligation secured thereby, the bond or other obligation to
be taken at par and credit to be given for the accrued interest shown thereby computed to
the date of tender. The district treasurer shall thereupon cancel the bond debt and shall
cause proper credit therefor to be entered on the records of the district and in the office of
the auditor and tax collector. If the legislative body agrees to allow bond tenders pursuant
to this section [or to Section 3.56.490] the legislative body may, at its discretion, agree to
distribute or direct its trustee or other agent to distribute by any means an offer to purchase
bonds or other related inquiry to the holders of the bonds of the district, at the expense of
the person requesting the mailing. Neither the legislative body, nor any of its officers,
agents, or trustees shall be liable in any way for that distribution.
(b) The provisions of this subdivision apply to any tender of bonds pursuant to this section by
an owner of property within the district who is delinquent in paying special taxes levied by
this district when due. Bonds may be tendered pursuant to this subdivision only after all of
the following conditions have been satisfied:
(1) The delinquent lot.or parcel, or possessory interest in such delinquent lot or parcel, has
been offered for sale as a result of a foreclosure judgment and the minimum price required
to be paid for the lot or parcel, or possessory interest in such delinquent lot or parcel,was
not received.
(2) The bonds to be tendered to the district were obtained by the property owner, or holder
of the possessory interest, only after their prior owner was presented with a tender offer
or solicitation as defined in this subdivision.
(A) For purposes of this subdivision, a"tender offer" or"solicitation" is a
solicitation by any person or that person's agent by offering circular,
memoranda, tender, or solicitation, or any other document or written, oral, or
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3.56.320(2)(A)-3.56.320(2)(B)(viii) Huntington Beach Municipal Code
electronic communication for the purchase of the bonds from their then current
owner. A person includes a natural person, corporation, company, partnership,
limited liability company, limited liability partnership, association, or any other
entity and a"tendering party" includes any person making a tender offer for bonds.
(B) Any tender offer or solicitation shall include all material information as required
under federal and state securities laws and shall also include the following
information, to the extent applicable: .
(i) The name of the tendering party.
(ii) An individual who can be contacted to provide further information with
respect to the tender.
(iii) The current holdings of bonds of the district by the tendering party and its
affiliates.
(iv) The total face amount of the bonds being solicited.
(v) The price or method of determining the price per one thousand dollars
($1,000) in bonds being offered by the tendering party.
(vi) Whether the tendering party or any person affiliated with or related to the
tendering party, or any employee, agent, or representative of the tendering
party, is a property owner within the district that issued the bonds.
(vii) Whether the present intentions of the tendering party are to use the bonds
for payment of special taxes or the purchase of property (or purchase of
possessory interest) at a foreclosure sale pursuant to this section or Section
3.56.490. This statement of present intentions shall not be construed to be
binding on the tendering party.
(viii) The status of the bond redemption fund, construction fund, reserve fund,
and any other funds of the district and the special tax delinquency rate of the
district, all of which data shall be the most recent available from the district
and, in any event, shall apply to the state of the funds after the most recent
payment of principal and interest on the bonds. The district shall provide
the necessary data to the property owner within 10 days of receiving a
written request and may charge a reasonable fee not to exceed its actual
costs of providing the data. The district shall simultaneously release the
same information to the general public. The property shall also provide the
percentage of the delinquency attributable to the tendering party or any
person affiliated with or related to the tendering party, or any employee,
6iss
Huntington Beach Municipal Code 3.56.320(2)(B)(viii)-3.56.320(c)
agent, or representative of the tendering party, for each of the three most
recent fiscal years.
(ix) If the tendering party owns or leases property in the district that issued the
bonds, the development plans for that property and an update on the current
status of development of that property and of any zoning, planning, or other
permits or approvals needed for development of the property to proceed.
(x) Any other material information available to the tendering party and not
generally available to the public that would significantly affect the market
value of the bonds of the district.
(C) The tendering party shall notify the legislative body of his or her intent to make a
tender offer or solicitation at least simultaneously with making any offer or
solicitation. .
(D) The tendering party shall provide a copy of the solicitation to the Department of
Corporations prior to five working days after notifying the legislative body pursuant
to subparagraph (C).
(3) The tendering property owner or tendering possessory interest holder provides the
legislative body with a negative assurance from counsel representing the property owner
or tendering possessory interest holder that no misleading or other information has come
to the opining party's attention after reasonable investigation, that would lead the party
providing the negative assurance to believe that the tender was in violation of federal or
state securities laws.
(4) The tendering property owner delivers to the legislative body of the district that issued
the bonds subject to the tender, a certificate to the effect that the tender information is
accurate in all material respects and does not omit to state a material fact necessary in
order to make the statements included in the tender information not misleading, except
that the certificate need not provide any assurances as to the accuracy of the information
as to the bond fund balances and tax payment information provided by the district.
(c) The provisions of this subdivision apply to any tender of bonds pursuant to this section by any
owner of property within the district who is not delinquent in paying special taxes on any
property within the district. A person subject to this subdivision shall be deemed to be a person
whose relationship to the issuer may give him or her access, directly or indirectly, to material
information about the issuer not generally available to the public, and the provisions of Section
25402 of the Corporations Code apply to any purchase or sale of securities by that person in
connection with the tender transaction. For purposes of this subdivision, the"issuer" includes
the district, the local agency that created the district, and any owner of property within the
district. At any time prior to tendering bonds to the district pursuant to this section, any person
subject to this subdivision shall deliver to the legislative body of the district a certificate that he
or she has complied with this subdivision and applicable federal and state securities laws.
6/99
3.56.400-3.56.420(a) Huntington Beach Municipal Code j
Article 5
3.56.400 Resolution to incur bonded indebtedness. Whenever the legislative body deems it
necessary for the community facilities district to incur a bonded indebtedness, it shall, by
resolution, set forth all of the following:
(a) A declaration of the necessity for the indebtedness.
(b) The purpose for which the proposed debt is to be incurred.
(c) The amount of the proposed debt. The legislative body may provide for a reduction in the
amount of proposed debt in compliance with the provisions of Section 53313.9 of the Act.
(d) The time and place for a hearing by the legislative body on the proposed debt issue.
3.56.410 Inclusion of certain costs and estimated costs in proposed bonded indebtedness.
The amount of the proposed bonded indebtedness may include all costs and estimated costs
incidental to, or connected with, the accomplishment of the purpose for which the proposed debt
is to be incurred, including, but not limited to, the estimated costs of construction, improvement
or acquisition of buildings, or both; acquisition of land, rights-of-way, water, sewer, wetlands
mitigation or other capacity or connection fees; lease payments for school facilities, satisfaction of j
contractual obligations relating to expenses or the advancement of funds for expenses existing at
the time the bonds are issued pursuant to this Code; architectural, engineering, inspection, legal,
fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any
bonds of the district estimated to be due and payable within two years of issuance of the bonds;
election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond
counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and
other credit enhancement costs, and printing costs.
3.56.420 Sale of bonds; appraisal of real property subject to special tax for paving debt
service on bond; determination of no unusual credit risk; vote to proceed for specified
public policy reasons.
(a) The legislative body may sell bonds pursuant to this Code only if it determines prior to the
award of sale of bonds that the value of the real property that would be subject to the special
tax to pay debt service on the bonds will be at least three times the principal amount of the
bonds to be sold and the principal amount of all other bonds outstanding that are secured by
a special tax levied pursuant to this Code on property within the community facilities district
or a special assessment levied on property within the community facilities district. Any
determination made pursuant to this subdivision shall be based upon the full cash value as
shown on the ad valorem assessment roll or upon an appraisal of the subject property made in
a manner consistent with the policies adopted pursuant to paragraph (5) of subdivision (a) of
6/sg
Huntington Beach Municipal Code 3.56.420(a)-3.56.430(d)
Section 3.56.100 by a state certified real estate appraiser, as defined in subdivision (c) of
Section 11340 of the California Business and Professions Code. The Treasurer may
recommend definitions, standards, and assumptions to be used for these appraisals. These
definitions, standards, and assumptions are advisory only, and the definitions, standards, and
assumptions to be applied to appraisals will be those adopted by the local agency pursuant to
paragraph (5) of subdivision (a) of Section 3.56.100.
(b) Notwithstanding the provisions of subdivision (a), if the legislative body selling the bonds finds
and determines that the proposed bonds do not present any unusual credit risk due to the
availability of credit enhancements or for other reasons specified by the legislative body, the
provisions of subdivision (a) may be disregarded.
(c) Notwithstanding the provisions of subdivision(a), if the legislative body selling the bonds finds
and determines by a vote of not less than four-fifths of all of its members that the proposed
bond issue should proceed for specified public policy reasons, the provisions of subdivision (a)
may be disregarded.
A finding and determination by the legislative body pursuant to this subdivision shall be final
and conclusive upon all persons in the absence of actual fraud, and neither the legislative body
nor the district shall have any liability of any kind whatsoever out of, or in connection with, any
finding and determination.
3.56.430 Agreement to notify one or more parties in the event specified events occur
affecting the market value of outstanding bonds; events triggering notice. The bond
indenture or other bond documents may provide that the legislative body agrees to notify one or
more parties, including the underwriter or other first purchaser of the bonds, an appropriate
national repository for bond information approved by the Securities and Exchange Commission,
or the California Debt Advisory Commission, in the event that specified events occur which may
affect the market value of outstanding bonds. These events may include, but are not limited to, the
following, for example:
(a) Withdrawal of funds from any reserve fund for the bonds, such that the balance in the fund falls
below a specified percentage of the amount required by bond documents.
(b) Draw upon a letter of credit or other credit enhancement for the bonds.
(c) Filing for bankruptcy by a developer or other owner of more than a specified percentage of the
area or property value within the district.
(d) Unforeseen discovery of toxic materials or rare and endangered plant or animal species within
areas of the district proposed for development.
6/ss
3.56.440-3.56.450(a) Huntington Beach Municipal Code
3.56.440 Action to foreclose liens; cumulative remedy; resolution to diligently pursue
foreclosure action; collection of delinquent charges.
(a) As a cumulative remedy, if debt is outstanding, the legislative body may, not later than four
years after the due date of the last installment of principal thereof, order that any delinquent
special taxes levied in whole or in part for payment of the debt, together with any penalties,
interest, and costs, be collected by an action brought in the superior court to foreclose the lien
of speciat tax.
(b) The legislative body may, by resolution, adopted prior to the issuance of debt under this Code
covenant for the benefit of debt holders to commence and diligently pursue any foreclosure
action regarding delinquent installments of any amount levied as a special tax for the payment
of interest or principal of any bonds that are issued, and, at any time may assign the causes of
action arising from the foreclosure to a trustee or joint powers authority to do so on behalf of
the debtholders. The resolution may specify a deadline for commencement of the foreclosure
action and any other terms and conditions the legislative body determines reasonable regarding
the foreclosure action.
(c) Except as provided in Section 3.56.470, all special taxes, interest, penalties, costs, fees, and
other charges that are delinquent at the time of the ordering of a foreclosure action shall be
collected in the action. In the event that a lot or parcel of property or a possessory interest has n
not been sold pursuant to judgment in the foreclosure action at the time that subsequent special
taxes become delinquent, the court may include the subsequent special taxes, interest, penalties,
costs, fees, and other charges in the judgment or modified judgment.
(d) For purposes of financing delinquent special taxes pursuant to Section 26220 of the California
Government Code, the legislative body may act as if it were a board of supervisors.
(e) Notwithstanding any other provision of this Code, no trustee or joint powers authority shall be
obligated to accept the tender of bonds in satisfaction of any obligation arising from a
delinquent special tax, although either may do so if authorized to do so by the legislative body.
(f) An action to determine the validity of any bonds issued, any joint powers agreement entered
into, and any related agreements entered into, by a joint powers agency acting pursuant to this
section may be brought by the joint powers agency pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Any appeal from a judgment
in the action shall be commenced within 30 days after entry of judgment.
3.56.450 Complainants; time limitations; contents of complaint. The foreclosure action shall
be brought in the name of the local agency or trustee on behalf of the bondholders pursuant to
Section 3.56.440, and may be brought within the time specified in Section 3.56.440. The complaint
may be brief and need only include the following allegations:
(a) That on a stated date, a certain sum of special taxes, levied against the subject property or
possessory interest (describing it) pursuant to this Code, became delinquent.
6iss
Huntington Beach Municipal Code 3.56.450(b)-3.56.460(a)(5)
(b) On that date, bonds issued pursuant to this Code, payable in whole or in part by the subject
special taxes, were outstanding.
(c) That the legislative body or trustee has ordered the foreclosure.
3.56.460 Judgment decree, contents; amount; attorneys' fees; application of general
foreclosure provisions.
(a) Any judgment shall decree the amount of the continuing lien against each parcel or possessory
interest to be foreclosed, and shall order the parcel to be sold on execution as in other cases of
the sale of real property or possessory interests by process of the court except:
(1) Notwithstanding Section 701.545 of the Code of Civil Procedure, notice of sale of any
lot or parcel or possessory interest included in the judgment may be given pursuant to
Section 701.540 of the Code of Civil Procedure any time after the expiration of 20 days
after the date notice of levy on the interest in real property was served on.the judgment
debtor or debtors, provided that the lot or parcel to be sold is not a dwelling for not more
than four families and provided that all parties whose liens are extinguished by the
foreclosure judgment were either defendants in the foreclosure action or, for those parties
who acquired an interest in a lien on the parcel after the recording of notice of the
pending foreclosure action, received constructive notice of the action.
(2) Whenever notice of sale may be given after the expiration of 20 days after the date notice
of levy was served as provided in paragraph (1), the 30-day time period contained in
subdivision(h) of Section 701.540 of the Code of Civil Procedure shall be reduced to 10
days.
(3) Upon proof that the lot or parcel or possessory interest to be sold is not a dwelling for
not more than four families, and upon determining that all parties whose liens are
extinguished by the foreclosure judgment were either defendants in the foreclosure action
or, for those parties who acquired an interest in a lien on the parcel after the recording
of notice of the pending foreclosure action, received constructive notice of the action,
pursuant to Section 716.020 of the Code of Civil Procedure, the court shall order that
paragraphs (1) and (2) apply to any judgment previously entered.
(4) The minimum bid amount provided in Section 3.56.470 shall apply instead of subdivision
(a) of Section 701.620 of the Code of Civil Procedure.
(5) The local agency may bid at the price provided in Section 3.56.470 by giving the levying
officer a written receipt crediting all or part of the amount required to satisfy the
judgment. If the local agency becomes the purchaser pursuant to bid, the local agency
shall pay the amount of its credit bid into the redemption fund within 24 months of the
date of the foreclosure sale.
6iss
3.56.460(a)(6)-356.490(a) Huntington Beach Municipal Code
(6) Notwithstanding subdivision(c) of Section 701.620 of the Code of Civil Procedure, if the
minimum price required to be paid for a lot of parcel pursuant to Section 3.56.470 is not
obtained at a foreclosure sale, upon written request of the local agency, the levying officer
shall retain the writ of sale and, provided that the writ of sale has not been returned to the
court pursuant to paragraph(1) of subdivision(a) of Section 699.560 of the Code of Civil
Procedure, give notice of sale pursuant to Section 701.540 of the Code of Civil
Procedure without relevying on the property.
(7) As provided elsewhere in this Code.
(b) The judgment amount shall include reasonable attorneys' fees to be fixed by the court,
together with interest, penalties, and other authorized charges and costs (all calculated up to
date of judgment).
(c) The foreclosure action shall be governed and regulated by the provisions of this Code, and
also where not in conflict with this Code, by other provisions of law generally applicable to
foreclosure actions.
3.56.470 Price of property or possessory interests sold. Property or possessory interests sold
hereunder may not be sold for less than the amount of the judgment plus post judgment interest
and authorized costs without the consent of the owners of 75 percent by value of the outstanding i
bonds.
3.56.480 Computation errors; validity of special tax installment, interest or Venally. No
special tax installment, interest or penalties thereon, or deed shall be held invalid for any error in
computation if the error is found to be comparatively negligible, or is found to be in favor of the
owner of the real property affected thereby.
3.56.490 Tender of bonds or debt; special taxes; penalties and interest; satisfaction of bid
amount. Provided the legislative body permits bonds or debt to be tendered for special taxes and
the penalties and interest thereon pursuant to Section 3.56.320, if the highest bid for a lot or
parcel sold pursuant to a judgment of foreclosure and order of sale exceeds five thousand dollars
($5,000) and the highest bidder elects to treat the sale as a credit transaction pursuant to
subdivision (c) of Section 701.590 of the Code of Civil Procedure, the balance due as provided in
that section may be paid in full or in part by tender of bonds or debt, provided, however, that
bonds or debt may not be tendered for costs of foreclosure, including attorney's fees, and
administrative charges incurred by the local agency with respect to removing the special taxes
from the rolls of the treasurer or tax collector, or other administrative charges.
(a) Tender of bonds or debt shall be made to the local agency within seven days of the date of the
sale. The local agency shall be charged with authenticating the tender and shall, within 10 days
of the date of the sale, submit a written receipt to the levying officer who conducted the sale
for the amount of the bond or debt tender accepted by it.
6/99
Huntington Beach Municipal Code 3.56.490(b)-3.56.500(c)
(b) Tender of cash or certified check or cashier's check shall be made to the levying officer within
10 days of the date of the sale.
(c) The levying officer shall total the cash, certified checks and cashier's checks, and any agency
written receipts for bonds or debt to determine if the amount of the bid, plus accruing costs and
interests, has been paid. In no event shall the tendering party be entitled to receive cash or
other compensation in return for all or any part of the value of a tendered bond or bonds,
except for recognition of their value in satisfying the amount bid.
(d) The tendering party shall comply with the provisions of Section 3.56.320, as applicable as if
they were fully set out in this section.
3.56.500 Notice of proposed sale of bonds; contents.
(a) The legislative body shall, no later than 30 days prior to the sale of any bonds pursuant to this
article, give written notice of the proposed sale to the California Debt and Investment Advisory
Commission by mail, postage prepaid, as required by Chapter 12 (commencing with Section
8855) of Division 1 of Title 2 of the California Government Code
(b) Each year after the sale of any bonds, including refunding bonds, pursuant to this article, and
until the final maturity of the bonds, the legislative body shall, not later than October 30 of each
year, supply the following information to the California Debt and Investment Advisory
Commission by mail, postage prepaid:
(1) The principal amount of bonds outstanding.
(2) The balance in the bond reserve fund.
(3) The balance in the capitalized interest fund, if any.
(4) The number of parcels which are delinquent with respect to their special tax payments,
the amount that each parcel is delinquent, the length of time that each has been
delinquent, and when foreclosure was commenced for each delinquent parcel.
(5) The balance in any construction funds.
(6) The assessed value of all parcels subject to special tax to repay the bonds as shown on the
most recent equalized roll.
(c) In addition, with respect to any bonds sold pursuant to this article, regardless when sold, and
until the final maturity of the bonds, the legislative body shall notify the California Debt and
Investment Advisory Commission by mail, postage prepaid, within 10 days if any of the
following events occur:
6/99
3.56.500(c)(1)-3.56.500(d) Huntington Beach Municipal Code
(1,) The local agency or its trustee fails to pay principal and interest due on any scheduled
payment date.
(2) Funds are withdrawn from a reserve fund to pay principal and interest on the bonds
beyond levels set by the California Debt and Investment Advisory Commission.
(d) Neither the legislative body nor the California Debt and Investment Advisory Commission shall
be liable for any inadvertent error in reporting the information required by this section.
6/99
r:
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective March 317 1999) .
Please Remove from Code Please Add to Code
Chapter 9.20 Chapter 9.20
Chapter 10.60 Chapter 10.60
City Charter, Page c-5—c-6, City Charter, Page c-5—c-6,
c-7—c-8, c-11—c-12, c-7—c-8, c-11—c-12,
c-13—c-14, c-15—c-16 c-13—c-14, c-15—c-16
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Carrol Gibbons, Deputy City Clerk, Records Division
(714) 374-1632
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i
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
990331
Huntington Beach Municipal Code 9.20.010--9.20.030
Chapter 9.20
PROHIBITED PUBLIC CONDUCT
(542-5/49, 1935-11/74,2992-4/89, Urg. Ord, 3192-4/93, 3215-12/93,3289-8/95, 3412=3/99)
Sections:
9.20.010 Dressing in public places
9.20.020 Human waste
9.20.030 Picketing of private residences
9.20.040 Trespassing on school grounds
9.20.050 Nuisance
9.20.010 Dressing in Public Places. No person shall dress or undress for the purpose of putting
on or taking off a bathing garment in or upon any public street, alley or other public place, or
underneath any pier or wharf in the city, or upon any public beach, or within any public toilet, or
within a vehicle other than a house trailer, motorhome or camper designed for living purposes.
(542-5/49, 1935-11/74)
9.20.020 Human waste. No person shall urinate or evacuate his bowels on private property in
an area exposed to the public view, or on any public street, sidewalk, alley, park, or other public
place, except in a public restroom. (2992-4/89)
9.20.030 Picketing of private residences. In enacting this section, the City Council finds as
follows: (Urg. Ord. 3192-4/93)
(a) Protecting the well-being, tranquility, and privacy of the homes of residents of the City is a
significant governmental interest. (Urg. Ord. 3192-4/93)
(b) A special benefit of the privacy all residents enjoy within their homes is the ability to avoid
intrusions and unwanted speech. (Urg. Ord. 3192-4/93)
(c) Picketing which targets the dwellings of specific residents of the City is an inherent and
offensive intrusion on residential privacy. (Urg. Ord. 3192-4/93)
(d) Picketing before or about dwellings obstructs and interferes with the free and safe use of
public sidewalks and public streets. (Urg.Ord.3192-4/93)
(e) The purpose of this section is to protect and preserve the well-being, tranquility and privacy
of the home by ensuring the residents of the City are free from picketing directed specifically
at them. (Urg. Ord. 3192-4/93)
(f) This section is enacted for the further purpose of protecting the free and safe use of public
sidewalks and streets. (Urg. Ord.3192-4/93)
It is unlawful for any person to engage in picketing within 300 feet of a residence or dwelling of
any individual, where such picketing is focused or targeted against that residence, dwelling or
individual. (Urg. Ord. 3192-4/93, 3412-3/99)
Violations of this section shall constitute a misdemeanor punishable by fine or imprisonment, or
both. No fine imposed pursuant to this section for any single violation thereof shall exceed Five
Hundred dollars ($500), nor shall imprisonment exceed six (6)months for each violation hereof
and each day that any such separate violation continues shall constitute a separate violation. (Urg.
Ord.3192-4/93)
3/99
9.20.040--9.20.050 Huntington Beach Municipal Code
9.20.040 Trespassing on school grounds. No person shall enter posted school grounds without
first obtaining permission from the administrative office of the school or school district, except
for the following persons: (3215-12193)
(a) Students, currently enrolled at that school. (3215-12/93)
(b) Teachers, staff members and other employees of the school district. (3215-12/93)
(c) Service providers and vendors doing business with the school, including counselors.
(3215-12/93)
(d) Volunteers approved by the school. (3215-12/93)
(e) Parents of students currently enrolled. (3215-12/93)
(f) Law enforcement and other governmental employees and representatives having business at
the school. (3215-12/93)
(g) Attendees at school events that are open to the public, while those events are open and only
in the area open for the event. (3215-12/93)
(h) Attendees at authorized Civic Center Act functions. (3215-12/93)
9.20.050 Nuisance. It shall be deemed a public nuisance for any person to dress or undress for
the purpose of putting on or taking off a bathing garment in or upon any public street, alley or
other public place, or underneath any pier or wharf in the city, or upon any public beach, or
within any public toilet, or within a vehicle other than a house trailer, motorhome or camper.
(3289-8/95)
It shall be deemed a public nuisance for any person to urinate or evacuate his bowels on private
property in an area exposed to the public view, or on any public street, sidewalk, alley, park or
other public place except in a public restroom. (3289-8/95)
8/95
Huntington Beach Municipal Code 10.60.010--10.60.010(c)
• Chapter 10.60
METER ZONES
(496-7/46, 582-3152,609-4/54, Urg Ord 1491-4/69, 1490-5/69,2255-1/78,3374-11197, 3393-5/98, 3414-3/99)
Sections:
10.60.010 Establishment
10.60.020 Times and coins deposited prescribed
10.60.030 Varied meter times
10.60.040 State highways within zones
10.60.010 Establishment. Pursuant to section 22508 of the California Vehicle Code, parking
meter zones may be established and determined by ordinance of the City Council and parking of
vehicles within any such zone shall be as follows:
(a) Business Zones
The boundaries of the business zones shall be as follows:
(1) Within Main Street right-of-way from Pacific Coast Highway to Palm Avenue, excluding
the west side of Main Street from Acacia to Palm Avenues.
(2) Within Walnut Avenue right-of-way from Third to Fifth Streets.
(3) Within Olive Avenue right-of-way from Third to Fifth Streets.
(4) On the inland side (north side) of Pacific Coast Highway right-of-way from Third to
Sixth Streets.
(5) Within the city-owned parking lot bordered by Fifth Street to the west and Walnut
Avenue to the north.
(b) Residential Zones
The boundaries of the residential zones shall be as follows:
(1) Within First Street right-of-way from Pacific Coast Highway to Atlanta Avenue.
(2) Within Second Street right-of-way from Pacific Coast Highway to Orange Avenue.
(3) Within Third Street right-of-way from Walnut to Orange Avenues.
(4) Within Walnut Avenue right-of-way from First to Third Streets.
(5) Within Olive Avenue right-of-way from First to Third Streets.
(6) Within Fifth Street right-of-way from Pacific Coast Highway to Orange Avenue.
(7) Within 22nd Street right-of-way from Pacific Coast Highway to Walnut Avenue.
(8) Within Walnut Avenue right-of-way from 22nd to Goldenwest Streets.
(c) Recreational Zones
The boundaries of the recreational zones shall be as follows:
3/99
10.60.01 0(c)(1)--1 0.60.020(c)(2) Huntington Beach Municipal Code
(1) ZONE A: On the ocean side of Pacific Coast Highway right-of-way from Beach
Boulevard to Goldenwest Street.
(2) ZONE B: On the inland(north) side of Pacific Coast Highway right-of-way from Beach
Boulevard to Third Street and from Sixth to Goldenwest Streets.
(3) ZONE C: On the ocean side of Pacific Coast Highway, the parking lots from Goldenwest
Street to a point which is 6,100 feet north-westerly of said Goldenwest Street.
(4) ZONE D: Within the city-owned parking lot at the southeast corner of Pacific Coast
Highway and Fifth Street.
(5) ZONE E: Within the boundaries of Huntington Central Park between Gothard and
Goldenwest Streets at Huntington Central Library.
(6) ZONE F: Within the parking lots of the public launching ramps on Warner Avenue.
(7) ZONE G: Within Beach Boulevard right-of-way from Pacific Coast Highway to Sunrise
Street, including the Huntington Breakers complex frontage road. (Urg. Ord. 1491-4/69,
1490-5/69,2255-1/78,3374-11/97)
(8) ZONE H: Within the parking lots on the ocean side of Pacific Coast Highway between
First and Seventh Streets, commonly known as the Pier Plaza Parking Lots. (3393-5/98)
10.60.020 Times and coins deposited prescribed. The parking time allowed following deposit
of such coins as provided in this chapter,the hours during which such deposits are required, and
the directions which shall appear on the parking meters, shall be as follows:
(a) Business Zones
(1) Within the business zone, city parking meters shall be installed to show legal parking for
a maximum of two (2)hours after deposit of one(1)twenty-five cent coin for a period of
ten(10) minutes. (3414-3/99)
(2) Twenty-four-minute meters shall be placed within this zone in specific locations to be
determined by the Director of Community Services. Coins shall be placed in such meters
from 6:00 AM to 12:00 AM daily, including Saturdays, Sundays, and holidays.
(b) Residential Zones
(1) Within the residential zone, 120-minute and twelve-hour meters shall be installed to show
legal parking for a period of one (1) hour after deposit of six(6)twenty-five cent coins.
(3414-3/99)
(2) Sixty-minute, 120-minute, and twelve-hour meters shall be placed within this zone in
specific locations to be determined by the Director of Community Services. Coins shall
be placed in such meters from 6:00 AM through 12:00 AM daily, including Saturdays,
Sundays, and holidays. A fee of five dollars ($5) shall be charged for annual visitor
permits to park in residential metered zones (maximum two [2] permits per household).
(c) Recreational Zones
(1) Within Zones A, B, C, F, and G,twelve-hour meters shall be installed to show legal parking
for a period of one (1)hour after deposit of six(6)twenty-five cent coins. (3414-3/99)
(2) Zone D is a thirty-minute parking lot with no parking meters.
3/99
Huntington Beach Municipal Code 10.60.020(c)(3)--10.60.040
(3) Within Zone E, thirty-minute meters shall be installed to show legal parking after deposit
of one (1) twenty-five cent coin.
(4) Within Zone H, a Park and Pay System shall be installed to show legal parking for a
period of one (1) hour after deposit of$1.50. (3393-5/98)
(5) Thirty-minute, sixty-minute, 120-minute, and twelve-hour meters shall be placed within
recreational zones in other specific locations to be determined by the Director of
Community Services. Coins shall be placed in such meters from 6:00 AM through 12:00
AM daily, including Saturdays, Sundays, and holidays. The Director may determine that
certain recreational zone parking lots may require an earlier or later curfew for safety or
other purposes. (496-8/46, 582-4/52, Urg. Ord. 1491-4/69, 1490-5/69,3374-11/97,3393-5/98)
10.60.030 Varied meter times. When the City Council designates the parking times allowed
following deposit of such coins as provided in this chapter and more than one parking time is so
designated, the director may place the meters in such locations within the zone as he shall deem
proper and consistent with the intention of the City Council. (Urg. Ord. 1491-4/69, 1490-5/69)
10.60.040 State highways within zones. The provisions of Chapters 10.56, 10.60, 10.64 and
10.68 of the Huntington Beach Municipal Code shall be ineffective as to any portion of a state
highway within the boundary of the parking meter zone as set forth in section 10.60.030 six
months after receipt of notification from the Department of Transportation of the State of
California of its rescinding its approval to the ordinance codified herein. (609-5154)
5/98
City Attorney,all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify.
Subject to the provisions of this Charter,the members of the City Council in office at the time this
Charter takes effect shall continue in office until the expiration of their respective terms and until their
successors are elected and qualified. Four members of the City Council shall be elected at the general
municipal election held in 1966,and each fourth year thereafter. Three members of the City Council
shall be elected at the general municipal election held in 1968,and each fourth year thereafter. No
person shall be elected as a member of the City Council for more than two consecutive terms and no
person who has been a member for more than two years of a term to which some other person was
elected a member shall be elected to the City Council more than one further consecutive term.
Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the
time this Charter takes effect shall continue in office until the expiration of their respective terms and the
qualification of their successors. A City Clerk and City Treasurer shall be elected at the general
municipal election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in
1966,and each fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following his election. Ties in voting among candidates for office
shall be settled by the casting of lots.
Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the
City Council except as otherwise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive
as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five
Dollars per month. In addition, each member of the City Council shall receive reimbursement on order
of the City Council for Council authorized traveling and other expenses when on official duty upon
submission of itemized expense accounts therefor. In addition, members shall receive such reasonable
and adequate amounts as may be established by ordinance,which amounts shall be deemed to be
reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by
virtue of their serving as City Councilmen.
Section 303. MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such
time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a
date and hour certain which shall be specified in the order of adjournment and when so adjourned
each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is
adjourned is not stated in the order of adjournment,such meeting shall be held at the hour for
holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting
shall be held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor,or by a majority of
the members of the City Council,by written notice to each member of the City Council and to each
local newspaper of general circulation, radio or television station requesting notice in writing. Such
notice must be delivered personally or by mail at least twenty-four hours before the time of such
meeting as specified in the notice. The call and notice shall specify the time and place of the special
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meeting and the business to be transacted. No other business shall be considered at such meeting. If
any person entitled to such written notice files a written waiver of notice with the City Clerk, it may
be dispensed with. Such waiver may be given by telegram. This notice requirement shall be
considered fulfilled as to any person who is actually present at the meeting at the time it convenes.
In the event of an emergency affecting the public peace, health or safety,a special meeting may be
called as provided in this section with less than twenty-four hours written notice by the Mayor Pro
Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor
and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the
meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in
such place within the City to which any such meeting may be adjourned. If,by reason of fire,flood
or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for
the duration of the emergency at such place within the City as is designated by the Mayor,or, if he
should fail to act,by a majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and public,and
all persons shall be permitted to attend such meetings,except that the provisions of this section shall
not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,
no person shall be denied the right to be heard by the City Council.
Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business
but a lesser number may adjourn from time to time. In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same
adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned
by less than a quorum or by the City Clerk to be delivered.personally or by mail to each Council
member at least twenty-four hours before the time to which the meeting is adjourned, or such notice
may be dispensed with in the same manner as specified in this Charter for dispensing with notice of
special meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth by the
Charter. It shall judge all election returns. Each member of the City Council shall have the power to
administer oaths and affirmations in any investigation or proceeding pending before the City
Council. The City Council shall have the power and authority to compel the attendance of witnesses,
to examine them under oath and to compel the production of evidence before it. Subpoenas shall be
issued in the name of the City and be attested by the City Clerk. They shall be served and complied
with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas,or the
refusal to testify(upon other than constitutional grounds), shall constitute a misdemeanor,and shall
be punishable in the same manner as violations of this Charter are punishable. The City Council
shall have control of all legal business and proceedings and all property of the legal department,and
may employ other attorneys to take charge of or may contract for any prosecution, litigation or other
legal matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict
or prosecute any member or other person for disorderly conduct at any of its meetings. Upon
adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any J
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member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to
be entered in the minutes of the meeting.
Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is
installed following any general or special municipal election, and at any time when there is a vacancy in
the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding
officer,who shall have the title of Mayor. The Mayor may make and second motions and shall have a
voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial
purposes; shall have the primary but not the exclusive responsibility for interpreting the policies,
programs and needs of the City government to the people, and as occasion requires, may inform the
people of any major change in policy or program; and shall perform such other duties consistent with the
office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall
serve in such capacity at the pleasure of the City Council.
Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as
Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council. The Mayor
Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the
Mayor's request.
Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in
this Charter, no member of the City Council shall order, directly or indirectly,the appointment by the
City Administrator, or by any of the department heads in administrative service of the City, of any
person to any office or employment, or removal therefrom. Except for the purpose of investigation and
inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction
of the City Administrator solely through the City Administrator, and no member of the City Council
shall give orders to any subordinate of the City Administrator,either publicly or privately.
Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts
and terms of the official bonds of all officials or employees who are required by this Charter or by
ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be
approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official
bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the
required separate bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond,there
shall be no personal liability upon, or any right to recover against,the employee's superior officer or
other officer or employee or the bond of the latter, unless such superior officer, or other officer or
employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly
causing the loss.
Section 309. CITY ATTORNEY. POWERS AND DUTIES.-To become and remain eligible for City
Attorney the person elected or appointed shall be an attorney at law,duly licensed as such under the laws
of the State of California, and shall have been engaged in the practice of law in this State for at least
three years prior to his election or appointment. The City Attorney shall have the power and may be
required to:
(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their
offices.
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(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of
this Charter or of City ordinances and such state misdemeanors as the City has the power to
prosecute,unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned
or is a party,and represent and appear for any City officer or employee,or former City officer or
employee, in any or all civil actions or proceedings in which such officer or employee is concerned
or is a party for any act arising out of his employment or by reason of his official capacity.
(d) Attend all regular meetings of the City Council, unless excused,and give his advice or opinion orally
or in writing whenever requested to do so by the City Council or by any of the boards or officers of
the City.
(e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing
his approval thereon in writing.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto.
(g) Devote such time to the duties of his office and at such place as may be specified by the City
Council.
(h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be
necessary.
(i) Surrender to his successor all books,papers, files, and documents pertaining to the City's affairs.
Section 310. CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and
shall be required to:
(a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and
maintaining of a full and true record of all of the proceedings of the City Council in books that shall
bear appropriate titles and be devoted to such purpose.
(b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions,with
the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct
copy, and as to an ordinance requiring publication, stating that the same has been published or posted
in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all books and records in his possession properly indexed and open to public inspection when
not in actual use.
(e) Be the custodian of the seal of the City.
(f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and
business of the City and certify copies of official records.
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(c) Eligibility. The Administrator shall be chosen on the basis of executive and administrative
qualifications, with special reference to actual experience in and knowledge of accepted practice as
regards the duties of the office as herein set forth. No person shall be eligible to be appointed City
Administrator or Acting City Administrator while serving as a member of the City Council nor
within one year following the termination of membership on the City Council.
(d) Removal. The City Administrator shall not be removed from office during or within a period of
ninety days next succeeding any municipal election at which a member of the City Council is
elected. At any other time the City Administrator may be removed only at a regular meeting of the
City Council and upon the affirmative vote of a majority of the members of the City Council. At
least thirty days prior to the effective date of removal,the City Administrator shall be furnished with
a written notice stating the Council's intentions and, if requested by the City Administrator,the
reasons therefor. Within seven days after receipt of such notice,the City Administrator may by
written notification to the City Clerk request a public hearing before the City Council, in which event
the Council shall fix a time for a public hearing which shall be held at its regular meeting place
before the expiration of the thirty-day period above referred to. The City Administrator shall appear
and be heard at such hearing. After furnishing the City Administrator with written notice of the
intended removal,the City Council may suspend the Administrator from duty,but his compensation
shall continue until removal as herein provided. In removing the City Administrator, the City
Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon
any particular showing or degree of proof at the hearing,the purpose of which is to allow the City
Council and the City Administrator to present to each other and to the public all pertinent facts prior
to the final action of removal.
Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter,the City
Administrator shall be responsible to the City Council for the proper administration of all affairs of the
City. Without limiting this general grant of powers and responsibilities,the City Administrator shall
have the power and be required to:
(a) Appoint, promote, demote, suspend or remove department heads,officers and employees of the City
except elective officers. However,no department head shall be appointed or removed until the City
Administrator shall first have reviewed such appointment or removal with the City Council and have
received approval for such appointment or removal by a majority vote of the full City Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration
upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year,a complete report on the
finances of the City, and annually or more frequently,a current report of the principal administrative
activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and make such
recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City
Council governing the contracting for,purchase, inspection, storage, inventory, distribution and
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disposal of all supplies,materials and equipment required by any office,department or agency of the
City government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the
provisions of this Charter and the ordinances, franchises and rights of the City.
(h) Subject to policy established by the City Council,exercise control of all administrative offices and
departments of the City and of all appointive officers and employees except those directly appointed
by the City Council and prescribe such general rules and regulations as he may deem necessary or
proper for the general conduct of the administrative offices and departments of the City under his
jurisdiction.
(i) Perform such other duties consistent with this Charter as may be required by the City Council.
Section 402. ACTING CITY ADMINISTRATOR. During any temporary absence or disability of the
City Administrator,the Assistant City Administrator shall serve as Acting City Administrator. During
any temporary absence or disability of both the City Administrator,and the Assistant City Administrator,
the City Administrator shall appoint one of the other officers or department heads of the City to serve as
Acting City Administrator. In the event the City Administrator fails to make such appointment, such
appointment may be made by the City Council.
Section 403. PERSONNEL. In addition to the City Council, a City Clerk,a City Treasurer, a City
Attorney and City Administrator,the officers and employees of the City shall consist of such other
officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution.
The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by
ordinance or resolution for such offices,officials and employees except as herein provided.
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Administrator, Assistant City Administrator and any officers designated as elective by the Charter shall
be exempt. The system shall consist of the establishment of minimum standards of employment and
qualifications for the various classes of employment and procedures to be followed in advancement,
demotion, suspension and discharge of employees included within the system,as the City Council shall
determine to be for the best interest of the public service. The ordinance shall designate the appointive
officers and employees who shall be included within the system. By subsequent ordinances the City
Council may amend the system or the list of appointive officers and employees included within the
system, provided, however,that once included within the system,no officer or employee shall be
withdrawn therefrom(unless the office or position is actually abolished or eliminated)without the
approval of such withdrawal at a regular or special election by a majority of the voters voting on such
proposition. The system shall comply with all other provisions of this Charter.
Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405. BOARDS,COMMISSIONS AND COMMITTEES. The City Council shall establish
such boards, commissions and committees as are deemed necessary for the orderly functioning of the
City. All such boards, commissions and committees shall report directly to the City Council.
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ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION,
AMENDMENT,WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be
taken by ordinance,every act of the City Council establishing a fine or other penalty, or granting a
franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as
follows: "The City Council of the City of Huntington Beach does ordain as follows:." No order for
the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.
Upon introduction and second reading, an ordinance shall be read by title only. Unless a higher vote
is required by other provisions of this Charter,the affirmative vote of at least four of the City
Council shall be required for the enactment of any ordinance or for the making or approving of any
order for the payment of money. All ordinances shall be signed by the Mayor and attested by the
City Clerk.
(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held
no less than five days after its introduction. In the event that any ordinance is altered after its
introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less
than five days after the date it was so altered. The correction of typographical or clerical errors shall
not constitute the making of an alteration within the meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by
the City Council within the City and to be published by title with a brief summary at least once
within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the
County or the City and circulated in the City,which is selected by the City Council for that purpose.
(d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished
solely by the re-enactment of such section or subsection at length,as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the date of its
adoption,except the following,which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or procedural ordinance
relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the
rate of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of
valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner
set forth herein;however, such regulations and codifications need not be published in the manner
required for other ordinances,but not less than three copies thereof shall be filed for use and
examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall
be repealed as of the effective date of the codification. Amendments to the code shall be enacted by
ordinance.
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Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace,health,or safety,
and containing a statement of the reasons for its urgency,may be adopted in the manner provided in
Section 500 except that such emergency ordinance may be introduced,enacted and adopted at one and
the same regular or special meeting and shall take effect immediately upon adoption if passed by at least
five affirmative votes.
Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions
not required by this Charter to be taken by ordinance.
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all
legal notices and other matters required to be published by law in a daily, semiweekly or weekly
newspaper published in the County or the City and circulated in the City which is selected by the City
Council for that purpose. No defect or irregularity in proceedings taken under this section shall
invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance.
ARTICLE VI
FISCAL ADMINISTRATION
Section 600. FISCAL YEAR. The fiscal year of the City shall be from July I to June 30 unless
otherwise established by ordinance.
Section 601. ANNUAL BUDGET,PREPARATION BY THE CITY ADMINISTRATOR. At such
date as the City Administrator shall determine, each board or commission and each department head
shall furnish to the City Administrator,personally,or through the Director of Finance, estimates of the
department's, board's or commission's revenue and expenditures for the ensuing fiscal year,detailed in
such manner as may be prescribed by the City Administrator. In preparing the proposed budget,the City
Administrator shall review the estimates,hold conferences thereon with the respective department heads,
boards or commissions as necessary,and may revise the estimates as may be deemed advisable.
Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City
Administrator shall submit the proposed budget to the City Council at least sixty days prior to the
beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may
deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the
beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior
to said hearing. Copies of the proposed budget shall be available for inspection by the public in the
office of the City Clerk at least ten days prior to said hearing.
Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned,the City.Council shall hold a public
hearing on the proposed budget, at which interested persons desiring to be heard shall be given such
opportunity.
Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and make
any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall �}
adopt the budget with revisions, if any,by the affirmative vote of at least a majority of the total members
of the Council. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies
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thereof, certified by the City Clerk, shall be filed with the City Administrator, Director of Finance,City
Treasurer and the person retained by the City Council to perform the post audit function, and a further
copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available
for public inspection. The budget so certified shall be reproduced and copies made available for the use
of the public and of departments, offices and agencies of the City.
Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the
several amounts stated therein as proposed expenditures shall be and become appropriated to the several
departments, offices and agencies for the respective objects and purposes therein named; provided,
however,that the City Administrator may transfer funds from one object or purpose to another within the
same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the
extent that they shall not have been expended or lawfully encumbered.
At any public meeting after the adoption of the budget,the City Council may amend or supplement the
budget by motion adopted by the affirmative vote of at least a majority of the total members of the City
Council.
Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal
purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the
rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate
shall be deemed to have been levied on all taxable property in the City for the current fiscal year.
Section 607. TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar
annually on each One Hundred Dollars of the assessed value of taxable property in the City, except
as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the
electors voting on a proposition to increase such levy at any election at which the question of such
additional levy for municipal purposes is submitted to the electors. The number of years that such
additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other property taxes
for municipal purposes are levied and collected, as additional taxes not subject to the above
limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and
judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute
general obligations of the City; and
2. A tax sufficient to meet all obligations of the City for the retirement system in which the City
participates, due and unpaid or to become due during the ensuing fiscal year.
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(c) Special levies, in addition to the above and not subject to the above limitation, may be made i
annually,based on City Council approved estimates, for the following specific purposes, but not to
exceed the following respective limits for those purposes for which limits are herein set forth,to wit:
parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not
to exceed$0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed
$0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed$0.03 per
One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that
specified.
Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax,property tax, or other measure
whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied,
enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members
of the City Council; provided, however,that any tax levied or collected pursuant to Section 607(b)of this
Charter shall be exempt from the minimum voting requirement of this section.
This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is
to pay or reimburse the City for the cost of performing any regulatory function of the City under its
police power in connection with the City's duty to preserve or maintain the public peace, health, safety
and welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is directly
related to such use or service, is charged to the user or person receiving such service, and is to pay or
reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of the
City.
Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer
or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of
the electors voting on a proposition submitted to the electors to authorize such tax at a general or special
election.
Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed
valuation,for purposes of City taxation,of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless
authorized by the affirmative vote of the majority required by law of the electors voting on such
proposition at any election at which the question is submitted to the electors.
Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than
taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall have
established a procedure for the issuance of such bonds. Such bonds,payable only out of revenues, shall
not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues
shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly submitted to the registered voters of
the City.
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HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective Immediately)
Please Remove from Code Please Add to Code
Chapter 13.12 Chapter 13.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Carrol Gibbons, Deputy City Clerk, Records Division
(714) 374-1632
�v-
980601
Huntington Beach Municipal Code 13.12.010--13.12.040(e)
Chapter 13.12
PIER REGULATIONS
(344-10/31,554-12/49, Urg. 1306-3/67, 1399-4/68, 1430-9/68, 1743-5172, 1743-5/72, 2022-1/76,
Urg. 2359-3/79,3185-5/93, 3356-7/97, Urg. 3399-6/98)
Sections:
13.12.010 Regulation authority
13.12.020 Public use determination
13.12.030 Violation of posted notices
13.12.040 Fishing from the pier
13.12.050 Vehicle and parking regulation
13.12.060 Delivering concessions
13.12.070 Boat ticket sales
13.12.080 Tying up--permission required
13.12.090 Direct fueling prohibited
13.12.100 Repealed, Ord 3185-5/93
13.12.110 Repealed, Ord 3185-5/93
13.12.120 Repealed, Ord 3185-5/93
13.12.130 Repealed, Ord 3185-5/93
13.12.140 Repealed, Ord 3185-5/93
13.12.010 Regulation authority. The Director of the Community Services, 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. (344-10/31, Urg. 1306-3/67, 3185-5/93)
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 portions of the pier
shall not be used for any specific purpose. (344-10/31, Urg. 1306-3/67)
13.12.030 Violation of posted notices. Upon the posting of notices by the Director of
Community Services, prohibiting the doing or performing of any acts on the pier, it is unlawful
for any person to use said pier for the prohibited purpose or purposes. (344-10/31, Urg. 1306-3/67,
3185-5/93)
13.12.040 Fishing from the pier. Fishing is allowed from the pier, but the following acts are
prohibited: (3185-5/93)
(a) Overhead Casting. Cast a fishing line, either with or without a fishing pole, by what is
commonly known as overhead casting; (3185-5/93)
(b) Negligent Casting. No person shall cast in the water adjacent to the pier or on the pier, a
fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such a
manner as to create a hazard to any other person; (3185-5/93)
(c) Extra Lines. No person shall have more than two (2) fishing lines in the water under or near
the pier at one time; (3185-5/93)
(d) Projecting Poles. No person shall allow or permit any fishing pole to extend inward from the
rail to a distance of more than four(4) feet; (3185-5/93)
(e) Cleaning of Fish or Mussel. No person shall place, cut or clean any fish, mussel or bait, or
any other marine life upon any bench, or seat placed upon the municipal pier or upon the
floor or railings of the pier; (3185-5/93)
6/98
13.12.040(t--13.12.060 Huntington Beach Municipal Code
(f) Lobster Traps. No person shall have more than two (2) baited hoop nets 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; (3185-5/93)
(g) Tampering with Lifesaving Equipment. No person shall remove,use or tamper with
lifesaving equipment upon said pier, provided therefor for public use, except in time of
emergency. (344-10/31,554-12/49, 3185-5/93)
(h) Feeding Wildlife. No person shall provide food, bait or other material for wildlife upon the
pier. (3185-5/93)
(i) Pier Curfew. No person shall remain on the pier between the hours of midnight and
5:00 a.m. (3185-5/93)
(j) Fishing from Closed Area. No person shall set up or cast a fishing line in areas on the pier
that have been closed to fishing. (3185-5/93)
13.12.050 Vehicle and parking regulation. Pursuant to section 13.08.280 of 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) Roller Skates, In-line Skates and Skateboards On Pier. No person shall use any roller skates,
in-line skates, or skateboards on the Municipal Pier or on developed areas immediately north
and south of the pier, known as Pier Plaza, at any time. These items must be carried if
brought on the pier. (3356-7/97, Urg. 3399-6/98)
(d) Parking. No person shall park a vehicle on the pier or on developed areas immediately north
and south of the pier, known as Pier Plaza except for the express purpose of loading or
unloading supplies, unless he possesses a written permit from the Director of Community
Services allowing him to do so. No person shall leave a vehicle standing or unattended on
the pier at any time. (3185-5/93, Urg.3399-6/98)
(e) Unauthorized Vehicles Prohibited. No person shall operate any automobile,motorcycle,
truck, or any other motor driven vehicle or conveyance upon the city pier or on developed
areas immediately north and south of the pier, known as Pier Plaza, without the express
written consent of the Director of Community Services. (3185-5/93, Urg.3399-6/98)
(f) Bicycles on Pier. No person shall ride a bicycle or any similar type vehicle on the municipal
pier or on developed areas immediately north and south of the pier, known as Pier Plaza.
Bicycles or similar type vehicles may be walked or pushed on the pier or in developed areas
immediately north and south of the pier, known as Pier Plaza. No bicycle shall be chained,
cabled or locked by any means to the pier railings. (Urg. 1306-3/67, 1743-5/72,2022-1/76, Urg.2359-
3/79, 3185-5/93, Urg. 3399-6/98)
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 6 a.m. and 11 a.m. during the
dates of June 15 to September 15. Such time limit shall not be in effect during the remainder of
the year. (1399-4/68)
6/98
Huntington Beach Municipal Code 13.12.070--13.12.090
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. (344-10/31, 3185-5/93)
13.12.080 Tying up--Permission required. No person having charge of any vessel shall make
the same fast to the pier without the consent of the Director of Community Services. (344-10/31,
1430-9/68, 3185-5/93)
13.12.090 Direct fueling prohibited. No person shall fuel any vessel secured to or adjacent to
the pier with any petroleum product directly from a tank or wagon or truck. (344-10/31, 1430-9/68,
1743-5172, 3185-5/93)
6/98
Huntington Beach Municipal Code 13.12.010--13.12.040(e)
Chapter 13.12
PIER REGULATIONS
(344-10/31, 554-12/49, Urg. 1306-3/67, 1399-4/68, 1430-9/68,1743-5/72, 1743-5/72,2022-1/76, Urg.2359-3179,
3185-5/93)
Sections:
13.12.010 Regulation authority
13.12.020 Public use determination
13.12.030 Violation of posted notices
13.12.040 Fishing from the pier
13.12.050 Vehicle and parking regulation
13.12.060 Delivering concessions
13.12.070 Boat ticket sales
13.12.080 Tying up--permission required
13.12.090 Direct fueling prohibited
13.12.100 Repealed, Ord 3185-5/93
13.12.110 Repealed, Ord 3185-5/93
13.12.120 Repealed, Ord 3185-5/93
13.12.130 Repealed, Ord 3185-5/93
13.12.140 Repealed, Ord 3185-5/93
13.12.010 Regulation authority. The Director of the Community Services, 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. (344-10/31, Urg 1306-3/67,3185-5/93)
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 portions of the pier
shall not be used for any specific purpose. (344-10/31, Urg 1306-3/67)
13.12.030 Violation of posted notices. Upon the posting of notices by the Director of
Community Services,prohibiting the doing or performing of any acts on the pier, it is unlawful
for any person to use said pier for the prohibited purpose or purposes. (344-10/31, Urg 1306-3/67,
3185-5/93)
13.12.040 Fishing from the pier. Fishing is allowed from the pier, but the following acts are
prohibited: (3185-5/93)
(a) Overhead Casting. Cast a fishing line,either with or without a fishing pole,by what is
commonly known as overhead casting; (3185-5/93)
(b) Negligent Casting. No person shall cast in the water adjacent to the pier or on the pier, a
fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such a
manner as to create a hazard to any other person; (3185-5/93)
(c) Extra Lines. No person shall have more than two (2) fishing lines in the water under or near
the pier at one time; (3185-5/93)
(d) Projecting Poles. No person shall allow or permit any fishing pole to extend inward from the
rail to a distance of more than four(4) feet; (3185-5/93)
(e) Cleaning of Fish or Mussel. No person shall place, cut or clean any fish, mussel or bait, or
any other marine life upon any bench, or seat placed upon the municipal pier or upon the
floor or railings of the pier; (3185-5/93)
5/93
13.12.040(fl--13.12.050(e)Huntington Beach Municipal Code
(f) Lobster Traps. No person shall have more than two (2) baited hoop nets in the water under
or near the pier at any one time. Said traps shall be attended by a person at all times. 1
Attendance is to be within five hundred (500) feet of the traps at all times; (3185-5/93)
(g) Tampering with Lifesaving Equipment. No person shall remove, use or tamper with
lifesaving equipment upon said pier, provided therefor for public use, except in time of
emergency.
(344-10/31, 554-12/49, 3185-5/93)
(h) Feeding Wildlife. No person shall provide food, bait or other material for wildlife upon the
pier. (3185-5/93)
(i) Pier Curfew. No person shall remain on the pier between the hours of midnight and
5:00 a. in. (3185-5/93)
(j) Fishing from Closed Area. No person shall set up or cast a fishing line in areas on the pier
that have been closed to fishing. (3185-5/93)
13.12.050 Vehicle and parking regulation. Pursuant to section 13.08.280 of 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) Roller Skates and Skateboards Prohibited. No person shall possess or use any roller skates or
skateboard or any similar type of device upon the municipal pier at any time.
(d) Parking. No person shall park a vehicle on the pier except for the express purpose of loading
or unloading supplies, unless he possesses a written permit from the Director of Community
Services allowing him to do so. No person shall leave a vehicle standing or unattended on
the pier at any time. (3185-5/93)
(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 Community Services. (3185-5/93)
(f) Bicycles on Pier. No person shall ride a bicycle or any similar type vehicle on the municipal
pier. Bicycles or similar type vehicles may be walked or pushed on the pier. No bicycle
shall be chained, cabled or locked by any means to the pier railings. (Urg. 1306-3/67, 1743-5/72,
2022-1/76, Urg.2359-3/79, 3185-5/93)
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 6 a.m. and 11 a.m. during the
dates of June 15 to September 15. Such time limit shall not be in effect during the remainder of
the year. (1399-4/68)
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. (344-10/31,3185-5193)
5/93
Huntington Beach Municipal Code 13.12.080-13.12.090
13.12.080 Tying up--Permission required. No person having charge of any vessel shall make
the same fast to the pier without the consent of the Director of Community Services. (344-10/31,
1430-9/68,3185-5/93)
13.12.090 Direct fueling prohibited. No person shall fuel any vessel secured to or adjacent to
the pier with any petroleum product directly from a tank or wagon or truck. (344-10/31, 1430-9/68,
1743-5/72, 3185-5/93)
5/93
r
HUNTING TON BEACH
MUNICIPAL CODE UPDATES
(Effective 5/6/98)
Please Remove from Code Please Add to Code
Chapter 2.32 Chapter 2.32
Chapter 3.36 Chapter 3.36
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Carrol Gibbons, Deputy City Clerk, Records Division
(714) 374-1632
980506
I
Huntington Beach Municipal Code 2.32.010--2.32.030(a)(17)
Chapter 2.32
DEPARTMENT OF COMMUNITY DEVELOPMENT
(652-11/56, 1814-3/73,2217-10/77,2330-1/79, 3222-1/94, 3392-5/98)
Sections:
2.32.010 Department established
2.32.020 Director--Appointment
2.32.030 Director--Powers and duties
2.32.010 Department established. There is hereby created the Department of Community
Development of the City of Huntington Beach. (652-11/56,2330-1/79)
2.32.020 Director--Appointment. The Director of Community Development shall be the head
of the department and such director shall be appointed by the City Administrator, subject to
approval by a majority vote of the full City Council. (652-11/56, 1814-3/73,2330-1/79,3220-1/94)
2.32.030 Director--Powers and duties.
(a) The Director of Community Development shall be responsible for the administration and
enforcement of the following: (3220-1/94)
(1) Huntington Beach Building Code (Chapter 17.04)
(2) Huntington Beach Housing Code (Chapter 17.08)
(3) Moving of Buildings (Chapter 17.20)
(4) Driveways and Parking Areas (Chapter 17.20)
(5) Sun Decks and Windscreens (Chapter 17.24)
(6) Trailer Parks (Chapter 17.36)
(7) Huntington Beach Code for Abatement of Dangerous Buildings (Chapter 17.12)
(8) Huntington Beach Electrical Code (Chapter 17.46)
'(9) Huntington Beach Mechanical Code (Chapter 17.40)
(10) Huntington Beach Plumbing Code (Chapter 17.44)
(11) Huntington Beach Oil Code (Title 15)
(12) Standing Water--Fences (Chapter 8.32)
(13) Rubbish Abatement (Chapter 8.36)
(14) Inoperable Vehicles (Chapter 8.48)
(15) Planning laws (Huntington Beach Ordinance Code)
(16) Zoning regulations (Huntington Beach Ordinance Code)
(17) State and local environmental regulations
1/94
2.32.030(a)(18)--2.32.030(c) Huntington Beach Municipal Code '
(18) Enforcement of California Labor Code section 6404.5 (smoking in closed places of
employment) (3392-5/98) 1
(b) In addition to the foregoing, the Director of Community Development shall perform other
acts or duties, not inconsistent with the City Charter, as may be required by the City Council
or the laws of the state of California. (3220-1194)
(c) Whenever in this code, the Huntington Beach Ordinance Code, or any resolution, adopted by
the City Council, reference is made to the departments of building and community
development,planning, and environmental resources and/or the directors of such
departments, such references shall mean the Department of Community Development and the
Director of Community Development. (1814-3/73,2217-10/77,2330-1/79,3220-1/94)
1
5/98
Huntington Beach Municipal Code 3.36.010--3.36.010(d)
Chapter 3.36
UTILITIES TAX
(1598-10/70,2211-8/77,2452-10/80,2470-2/81,2886-12/86,2933-8/88, 3095-4/91,3096-4/91,
3118-7/91,3162-9/92, 3390-5/98)
Sections:
3.36.010 Definitions
3.36.020 Telephone tax--Imposed
3.36.030 Telephone tax--Charges
3.36.040 Telephone tax--Intrastate use
3.36.050 Electricity tax
3.36.060 Use of electrical energy
3.36.070 Gas tax--Imposed
3.36.080 Gas tax--Exclusions
3.36.090 Water tax--Imposed
3.36.100 Water tax--Exclusions
3.36.110 Cable Television Users Tax
3.36.120 Exemptions
3.36.130 Collection of tax
3.36.140 Collection--When made
3.36.150 Collection--Commencement
3.36.160 Reporting and Remitting
3.36.170 Delinquent when
3.36.180 Penalty--Interest and Penalties
3.36.190 Penalty--Imposed by administrator
3.36.200 Penalty--Combining nature
3.36.210 Actions to collect
3.36.220 Failure to pay--Administrative remedy
3.36.230 Assessment--Administrative remedy
3.36.240 Appeals
3.36.245 Audit by City
3.36.250 Records
3.36.260 Refunds
3.36.265 Additional Powers and Duties of Tax Administrator
3.36.270 City exempt
3.36.280 Senior citizens--Exemption
3.36.290 Application required
3.36.300 Notification to service supplier
3.36.310 Service supplier--Duty of
3.36.320 Exemption automatic
3.36.330 Tax billing exemptions--Effective when
3.36.340 Violation--Penalty
3.36.010 Definitions. Except where the context otherwise requires, the definitions given in this
Section govern the construction of this chapter:
(a) "City" means the City of Huntington Beach.
(b) "Month" means a calendar month.
(c) "Person" means any domestic or foreign corporation, firm, association, syndicate,joint stock
company, partnership of any kind,joint venture, club, Massachusetts business or common
law trust, society, individual or municipal corporation.
(d) "Service supplier" means any entity which receives taxes paid and remits same as imposed by
this chapter.
5/98
3.36.010(e)--3.36.060 Huntington Beach Municipal Code
(e) "Service user" means a person required to pay a tax imposed by this chapter.
(f) "Tax Administrator" means the Finance Director of the City.
(g) "Telephone corporation, electrical corporation, gas corporation, and water corporation" shall
have the same meanings as defined in Sections 234, 218, 222, and 241 respectively, of the
Public Utilities Code of the State of California; as said Sections existed on January 1, 1970.
"Electrical corporation" and "water corporation" shall be construed to include any
organization, municipality or agency engaged in the selling or supplying of electrical power
or water to a service user; however, as specified by Public Utilities Code Section 218, does
not include a corporation or person employing cogeneration technology or producing power
from other than a conventional power source for the generation of electricity. (1598-10/70,
2933-8/88)
3.36.020 Telephone tax--Imposed. There is imposed a tax upon every person in the City, other
than a telephone corporation, using international, interstate, and intrastate telephone
communication services in the City. The tax imposed by this Section shall be at the rate of five
(5%) percent of all charges made for such services. (1598-10/70, 3096-4/91)
3.36.030 Telephone tax--Charges. As used in this Section, the term "charges" shall not include
charges for services paid for by inserting coins in coin-operated telephones except that where
such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid
under such guarantee plus any fixed monthly or other periodic charge shall be included in the
base for computing the amount of tax due; nor shall the term "telephone-communication
services" include maritime-mobile services as defined in Section 2.1 of Title 47 of the Code of
Federal Regulations, or as that section maybe amended from time to time. (1598-10/70,3162-9/92)
3.36.040 Telephone tax--Intrastate use. Notwithstanding the provisions of Section 3.36.020,
the tax imposed under this chapter shall not be imposed upon any person for using intrastate
telephone communication services to the extent that the amounts paid for such services are
exempt from or not subject to the tax imposed by Section 4251 of Title 26 of the United States
Code, as such Section existed on January 1, 1970, without regard to Section 3.36.020.
(1598-10/70)
3.36.050 Electricity tax. There is imposed a tax upon every person in the City using electrical
energy in the City. The tax imposed by this Section shall be at the rate of five (5%)percent of
the charges made for such energy and shall be paid by the person paying for such energy.
"Charges" as used in this Section shall include charges made for:
(a) Metered energy; and
(b) Minimum charges for service, including customer charges, service charges, demand charges,
standby charges and annual and monthly charges.
In the case of a service user employing cogeneration technology the tax imposed by this Section
shall be based upon the legal rate per kilowatt cogenerated, as charged by the applicable public
utility. (1598-10/70,2933-8/88)
3.36.060 Use of electrical energy. As used in this Section, the term "using electrical energy"
shall not be construed to mean the storage of such energy by a person in a battery owned or
possessed by him for use in an automobile or other machinery or device apart from the premises
upon which the energy was received; provided,however,that the term shall include the receiving
of such energy for the purpose of using it in the charging of batteries. The term shall not include
electricity used in water pumping by water corporations; nor shall the term include the mere
receiving of such energy by an electrical corporation or governmental agency at a point within
the City for resale. (1598-10/70)
9/92
Huntington Beach Municipal Code 3.36.070--3.36.150
3.36.070 Gas tax--Imposed. There is imposed a tax upon every person in the City using gas in
the City which is delivered through mains or pipes. The tax imposed by this Section shall be at
the rate of five (5%)percent of the charges made for such gas. (1598-1 ono)
3.36.080 Gas tax--Exclusions. There shall be excluded from the base on which the tax imposed
in this Section is computed:
(a) Charges made for gas which is to be resold and delivered through mains or pipes;
(b) Charges made for gas to be used in the generation of electrical energy by an electrical
corporation;
(c) Charges made by a gas public utility for gas used and consumed in the conduct of the
business of gas public utilities; and
(d) Charges for gas used in water pumping by water corporation. (1598-10/70)
3.36.090 Water tax--Imposed. There is imposed a tax upon every person in the City using
water in the City which is delivered through mains or pipes. The tax imposed by this Section
shall be at the rate of five (5%)percent of the charges made for such water and shall be paid by
the person paying for such water. (1598-10/70)
3.36.100 Water tax--Exclusions. There shall be excluded from the base on which the tax
imposed in this Section is computed charges made for water which is to be resold and delivered
through mains or pipes; and charges made by a municipal water department, public utility or a
county or municipal water district for water used and consumed by such department, utility or
district in the conduct of the business of such department, utility or district. (1598-10/70)
3.36.110 Cable Television Users Tax. (3118-7/91)
(a) There is hereby imposed a tax upon every person in the City using cable television service.
The tax imposed by this Section shall be at the rate of five percent (5%) of the charges made
for such service and shall be paid by the person paying for such services. (3118-7/91)
(b) The tax imposed in this Section shall be collected from the service user by the person
furnishing the cable television service. (3118-7/91)
3.36.120 Exemptions. Nothing in this chapter shall be construed as imposing a tax upon any
person if imposition of such tax upon that person would be in violation of the Constitution of the
United States or the Constitution of the State of California. (1598-10/70)
3.36.130 Collection of tax. The amount of tax imposed by this chapter shall be collected from
the service user by the service supplier. (1598-10/70,2933-8/88)
3.36.140 Collection--When made. The tax shall be collected insofar as practicable at the same
time as and along with the collection of charges made in accordance with the regular billing
practice of the service supplier. (1598-10/70)
3.36.150 Collection--Commencement. The duty to collect tax from a service user shall
commence with the beginning of the first regular billing period applicable to that person which
shall begin as of January 1, 1971, or at the beginning of the first regular billing period thereafter
which would not include service prior to January 1, 1971. Where a person receives more than
one billing, one or more being for different periods than another, the duty to collect shall arise
separately for each billing period. (1598-10/70)
7/91
3.36.160--3.36.180(0 Huntington Beach Municipal Code
3.36.160 Reporting and Remitting. (3390-5/98)
(a) Each service supplier shall make a return to the Tax Administrator, on forms provided by
him, stating the amount of taxes billed by the service supplier during the preceding month.
At the time the return is filed, the full amount of the tax collected shall be remitted to the
Treasurer. The Tax Administrator is authorized to require such further information as he
deems necessary to properly determine if the tax herein imposed is being levied and collected
in accordance with this chapter. Tax returns must be postmarked with prepaid postage and
properly addressed, or delivered to the Treasurer on or before the 20th day of each month.
Returns and tax remittances are due immediately upon cessation of business for any reason.
Should the due date occur on a weekend or legal holiday, the return must be received on the
first regular working day following a Saturday/Sunday, or legal holiday. (1598-10/70,2211-8/77,
3390-5/98)
(b) Service suppliers and the Tax Administrator may enter into an agreement to remit taxes by
way of electronic funds transfer or similar means. (3390-5/98)
(c) The Tax Administrator, or the Tax Administrator's designated representative, may request
from a person providing transportation services of gas or electricity to service users within
the City a list of the names and addresses of its transportation customers within the City
pursuant to Section 6354(e) of Chapter 2.5 of Division 3 of the California Public Utilities
Commission. (3390-5/98)
(d) If any person subject to record keeping under this Section unreasonably denies the Tax
Administrator, or the Tax Administrator's designated representative, access to such records,
then the Tax Administrator may impose a penalty of$500 on such person for each day
following the initial date that the person refuses to provide such access. (3390-5/98)
3.36.170 Delinquent when. Taxes collected from a service user which are not filed with the i
Tax Administrator on or before the due dates provided in this chapter are delinquent. (1598-10/70,
2211-8/77)
3.36.180 Interest and Penalties. (3390-5/98)
(a) Taxes collected from a service user which are not received by the Treasurer on or before the
due dates provided in this chapter are delinquent. (3390-5/98)
(b) Any service supplier who fails to remit any tax imposed by this chapter within the time
required shall pay a penalty of ten percent(10%) of the amount of the tax. Said penalty shall
be paid in addition to the amount of the tax. (3390-5/98)
(c) Any service supplier who fails to remit any delinquent remittance on or before a period of
thirty (30) days following the date on which the remittance first became delinquent shall pay
a second delinquency penalty of ten percent(10%) of the amount of tax in addition to the
amount of the tax and the penalty first imposed. (3390-5/98)
(d) If the Treasurer determines that the non-payment of any remittance due under this chapter is
due to fraud, a penalty of twenty-five percent(25%) of the amount of the tax shall be added
thereto in addition to the penalties stated in subsections (b) and (c) of this Section. (3390-5/98)
(e) In addition to the penalties imposed, any service supplier who fails to remit any tax imposed
by this chapter shall pay interest to the City at the rate of one and one-half percent(1-1/2%)
per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date
on which the remittance first becomes delinquent until paid. (3390-5/98)
(f) Every penalty imposed and such interest as accrues under the provisions of this Section shall
become a part of the tax herein required to be paid. (3390-5/98)
5/98
Huntington Beach Municipal Code 3.36.190--3.36.240(c)(1)
3.36.190 Penalty--Imposed by administrator. The Tax Administrator shall impose the
penalties and interest upon persons required to pay and remit taxes under the provisions of this
chapter. (1598-10/70,2211-8/77, 3390-5/98)
3.36.200 Penalty--Combining nature. Every penalty imposed under the provisions of this
chapter shall become a part of the tax required to be paid. (1598-10/70, 2211-8/77)
3.36.210 Actions to collect. Any tax required to be paid by a service user under the provisions
of this chapter shall be deemed a debt owed by the service user to the City. Any such tax
collected from a service user which has not been paid to the Treasurer shall be deemed a debt
owed to the City by the person required to collect and pay. Any person owing money to the City
under the provisions of this chapter shall be liable to an action brought in the name of the City
for the recovery of such amount. (1598-10/70,2211-8/77, 3390-5/98)
3.36.220 Failure to pay--Administrative remedy. Whenever the Tax Administrator
determines that a service user has deliberately withheld the amount of the tax owed by him from
the amounts remitted to a service supplier, or that a service user has failed to pay the amount of
the tax for a period of two or more billing periods, or whenever the Tax Administrator deems it
in the best interest of the City, he may relieve the service supplier of the obligation to collect
taxes due under this chapter from certain named service users for specified billing periods. The
Tax Administrator shall notify the service user that he has assumed responsibility to collect the
taxes due for the stated periods and demand payment of such taxes. The notice shall be served
on the service user by handing it to him personally or by deposit of the notice in the United
States mail, postage prepaid thereon, addressed to the service user at the address to which billing
was made by the service supplier; or should the service user have changed his address, to his last
known address. If a service user fails to remit the tax to the Treasurer within fifteen days from
the date of the service of the notice upon him, which shall be the date of mailing if service is not
accomplished in person; a penalty of twenty-five (25%) percent of the amount of the tax set forth
in the notice shall be imposed but not less than five dollars. The penalty shall become part of the
tax herein required to be paid. (1598-10no,3390-5/98)
3.36.230 Assessment--Administrative remedy. The Tax Administrator may make an
assessment for taxes not paid or remitted by a service supplier or service user. The Tax
Administrator shall mail a notice of the assessment which shall refer briefly to the amount of the
taxes and penalties imposed. The Tax Administrator shall mail a copy of such notice to the
supplier or the service user, allowing fourteen(14) days to appeal the assessment. (1598-10170,
3390-5/98)
3.36.240 Appeals. (3390-5/98)
(a) City Administrator Appeal. If the service user or service supplier is aggrieved by any
decision of the Tax Administrator, or with the failure to grant a refund or exemption as
provided for under this chapter,he may appeal to the City Administrator, or his or her duly
authorized designee, by filing a notice of appeal with the City Clerk within fourteen (14) days
of the decision which aggrieved the service user or service supplier. The City Clerk shall
thereupon fix a time and place for a hearing of such appeal. The City Clerk shall give notice
to such person of the time and place of hearing as herein provided. (3390-5/98)
(b) City Administrator Decision. The decision of the City Administrator, or his or her duly
authorized designee, shall be final unless appealed to the City Council. (3390-5/98)
(c) Appeal to the City Council. An appeal from a decision by the City Administrator may be
filed no later than ten calendar days after the date of the decision. (3390-5/98)
(1) Form of Notice on Appeal. The notice of appeal shall contain the name and address of
the person appealing the action, the decision appealed from and the grounds for the
5/98
3.36.240(c)(1)--3.36.260(b) Huntington Beach Municipal Code
appeal. A defect in the form of the notice does not affect the validity or right to an
appeal. (3390-5/98)
i
(2) Action on Appeal. The City Clerk shall set the matter for hearing before the City
Council and shall give notice of the hearing on the appeal. (3390-5/98)
(3) De Novo Hearing. The City Council shall hear the appeal as a new matter. The original
applicant has the burden of proof. The City Council may act upon the appeal, either
granting it, conditionally granting it or denying it, irrespective of the precise grounds or
scope of the appeal. In addition to considering the testimony and evidence presented at
the hearing on the appeal, the City Council shall consider all pertinent information from
the file as a result of the previous hearings from which the appeal is taken. (3390-5/98)
(4) Decision on Appeal. The City Council may reverse or affirm in whole or in part, or
may modify the decision, or determination that is being appealed. (3390-5/98)
(5) Fee for Appeal. The notice of appeal shall be accompanied by the fee fixed by
resolution of the City Council. (3390-5/98)
(6) Appeal by City Council Member.
A. A City Council member may appeal a decision of the City Administrator. The
appeal shall be processed in the same manner as an appeal by any other person but
need not be accompanied by the fee prescribed for an appeal. (3390-5/98)
B. The City Council member appealing the decision is not disqualified by that action
from participating in the appeal hearing and the deliberations nor from voting as a
member of the City Council. (3390-5/98)
3.36.245 Audit by City. The City shall have the right to inspect all books, accounts and records
of the service supplier which the City deems necessary to properly determine if the tax herein
imposed is being levied and collected in accordance with this Chapter. The service supplier shall
make available all books, accounts and records at a location within Los Angeles or Orange
County and during normal business hours. (3390-5/98)
3.36.250 Records. It shall be the duty of every person required to collect and remit to the City
any tax imposed by this chapter to keep and preserve, for a period of three years, all records as
may be necessary to determine the amount of such tax as he may have been liable for the
collection of and remittance to the Treasurer, which records the Treasurer shall have the right to
inspect at all reasonable times. (1598-10/70, 3390-5/98)
3.36.260 Refunds.
(a) Whenever the amount of any tax has been overpaid or paid more than once or has been
erroneously or illegally collected or received by the Tax Administrator under this Chapter, it
may be refunded as provided in this Section. (1598-10/70,3390-5/98)
(b) A person required to collect and remit taxes as imposed by this Chapter may claim a refund
or take as credit against taxes collected and remitted the amount overpaid, paid more than
once or erroneously or illegally collected or received when it is established in a manner
prescribed by the Tax Administrator that the service user from whom the tax has been
collected did not owe the tax; provided,however,that neither a refund nor a credit shall be
allowed to the service supplier unless the amount of the tax so collected has either been
refunded to the service user by, or credited to charges subsequently payable to,the person
required to collect and remit such tax to the City. (1598-10/70,3390-5/98)
5/98
Huntington Beach Municipal Code 3.36.260(c)--3.36.265(d)
(c) A service user who has not otherwise received a refund or a credit against future taxes from
the service supplier pursuant to subsection(b) of this Section may claim a refund directly
from the Tax Administrator for any amount overpaid,paid more than once, or erroneously or
illegally collected or received when it is established that the service user from whom the tax
has been collected did not owe the tax. The Tax Administrator shall notify the service
supplier of his/her determination and the amount of any refund due to the service user which
amount, if any, shall be promptly refunded or credited to the service user by the service
supplier in accordance with subsection(b)above. (3390-5/98)
(d) Notwithstanding other provisions of this Section, whenever a service supplier,pursuant to an
order of the California Public Utilities Commission or a court of competent jurisdiction,
makes a refund to service users of charges for past utility services,the taxes paid pursuant to
this Chapter on the amount of such refunded charges shall also be refunded to such service
users, and the service supplier shall be entitled to claim a credit for such refunded taxes
against the amount of tax which is due upon the next monthly returns. (3390-5/98)
(e) A service supplier may refund any sums due to the service user in accordance with this
Section or by the service supplier's customary practice. (3390-5/98)
(f) No credit or refund shall be allowed or paid by the City under the provisions of this Section
unless the claimant has submitted a written claim to the Tax Administrator within one year of
the overpayment or erroneous or illegal collection of said tax. Such claim must clearly
establish claimant's right to the refund by written records showing entitlement thereto. The
submission of a written claim, which is acted upon by the Tax Administrator, shall be a
prerequisite to a suit thereon. The Tax Administrator shall act upon the refund claim within
the time period set forth in Government Code Section 912.4. If the Tax Administrator fails
or refuses to act on a refund claim within the time prescribed by Government Code Section
912.4, the claim shall be deemed to have been rejected by the Tax Administrator on the last
day of the period within which the Tax Administrator was required to act upon the claim as
provided in Government Code Section 912.4. It-is the intent of the Tax Administrator that
the one year written claim requirement of this subsection be given retroactive effect;
provided, however, that any claims which arose prior to the commencement of the one year
claims period of this subsection, and which are not otherwise barred by a then applicable
statute of limitations or claims procedure, must be filed with the Tax Administrator as
provided in this subsection within ninety (90) days following the effective date of this
ordinance. The above refund procedure has been adopted by the City pursuant to
Government Code Section 935. (3390-5/98) '
3.36.265 Additional Powers and Duties of Tax Administrator. (3390-5/98)
(a) The Tax Administrator shall have the power and duty, and is hereby directed to enforce each
and all of the provisions of this Chapter. (3390-5/98)
(b) The Tax Administrator shall have the power to adopt rules and regulations not inconsistent
with provisions of this Chapter for the purpose of carrying out and enforcing the payment,
collection and remittance of the taxes herein imposed. A copy of such rules and regulations
shall be on file in the Tax Administrator's Office. (3390-5/98)
(c) The Tax Administrator may make administrative agreements to vary the strict requirements
of this Chapter so that collection of any tax imposed herein may be made in conformance
with the billing procedures of particular service supplier so long as said agreements result in
collection of the tax in conformance with the general purpose and scope of this Chapter. A
copy of each such agreement shall be on file in the Tax Administrator's Office. (3390-5/98)
(d) The Tax Administrator shall determine the eligibility of any person who asserts a right to
exemption from or a refund of, the tax imposed by this Chapter. (3390-5/98)
5/98
" r
3.36.270--3.36.340 Huntington Beach Municipal Code
3.36.270 City exempt. The taxes imposed by this chapter shall not apply to the City.
(1598-10/70)
3.36.280 Senior citizens--Exemption. The tax imposed by this chapter shall not apply to any
individual service user sixty-two years of age or older who uses telephone, electric, water or gas
services, in or upon any premises occupied by such individual, provided the combined adjusted
gross income as used for federal income tax reporting purposes of all members of the household
in which such service user resides does not exceed the "HUD Income Guidelines - Very Low
Income Category" currently on file at the City's Office of the Housing Rehabilitation
Administrator, for the calendar year prior to the fiscal year(July 1 through June 30) for which the
exemption provided by this chapter is applied. (2452-10/80,2886-12/86, 3095-4/91)
3.36.290 Application required. Any service user, meeting the requirements for exempt status,
may file a verified application with the Director of Finance on a form furnished by him. The
Director of Finance, or his designee, shall review all applications and certify those service users
as exempt who meet the requirements for the exemption provided by this chapter. (2452-10/80)
3.36.300 Notification to service supplier. The Director of Finance, or his designee, shall
compile a list of all exempt service users,together with the addresses, account numbers, if any,
of such users, and such other information as may be necessary for service suppliers to remove
exempt service users from their tax billings. (2452-10/80)
3.36.310 Service supplier--Duty of. No service supplier shall be required to bill any exempt
service user for any tax imposed by this chapter after receipt of notice from the Director of
Finance that such service user has met the requirements for exempt status established by the
provisions of this chapter. (2452-10/80,2470-2/81)
3.36.320 Exemption automatic. The exemption provided for in this chapter shall continue and
be renewed automatically from year to year except as hereinafter provided. No exempt service
user shall fail to notify the Director of Finance within ten (10) days of a change of address, or of
any other fact or circumstance which might disqualify him or otherwise affect his exempt status.
All exempt service users shall file with the Director of Finance new verified applications in order
to receive exempt service at a new address or location. (2452-10/80)
3.36.330 Tax billing exemptions--Effective when. All service suppliers shall remove exempt
service users from their tax billings for the first regular full billings dated on or before
October 15, 1980, and thereafter within sixty (60) days after notice from the Director of Finance
to do so. (2452-10/80)
3.36.340 Violation--Penalty. It is unlawful and a misdemeanor for any person knowingly to
receive the exemption provided by this chapter when such person has not met the requirements
on which such exemption is based, or when such person can no longer meet the requirements on
which such exemption is based, and upon conviction thereof shall be subject to a fine of five
hundred dollars ($500) or imprisonment in the county jail for a period not to exceed six(6)
months, or by both such fine and imprisonment. Each such person shall be guilty of a separate
offense for each and every day or portion thereof during which a violation is committed or
continued. (2452-10/80)
4/91
Huntington Beach Municipal Code 2.32.010--2.32.030(a)(17)
Chapter 2.32
DEPARTMENT OF COMMUNITY DEVELOPMENT
(652-11/56, 1814-3173, 2217-10/77, 2330-1/79, 3222-1/94)
Sections:
2.32.010 Department established
2.32.020 Director--Appointment
2.32.030 Director--Powers and duties
2.32.010 Department established. There is hereby created the Department of Community
Development of the City of Huntington Beach. (652-11/56, 2330-1/79)
2.32.020 Director--Appointment. The Director of Community Development shall be the head
of the department and such director shall be appointed by the City Administrator, subject to
approval by a majority vote of the full City Council. (652-11/56, 1814-3n3,2330-1/79, 3220-1/94)
2.32.030 Director--Powers and duties.
(a) The Director of Community Development shall be responsible for the administration and
enforcement of the following: (3220-1/94)
(1) Huntington Beach Building Code (Chapter 17.04)
(2) Huntington Beach Housing Code (Chapter 17.08)
(3) Moving of Buildings (Chapter 17.20)
(4) Driveways and Parking Areas (Chapter 17.20)
(5) Sun Decks and Windscreens (Chapter 17.24)
(6) Trailer Parks (Chapter 17.36)
(7) Huntington Beach Code for Abatement of Dangerous Buildings (Chapter 17.12)
(8) Huntington Beach Electrical Code (Chapter 17.46)
(9) Huntington Beach Mechanical Code (Chapter 17.40)
(10) Huntington Beach Plumbing Code (Chapter 17.44)
(11) Huntington Beach Oil Code (Title 15)
(12) Standing Water--Fences (Chapter 8.32)
(13) Rubbish Abatement (Chapter 8.36)
(14) Inoperable Vehicles (Chapter 8.48)
(15) Planning laws (Huntington Beach Ordinance Code
(16) Zoning regulations (Huntington Beach Ordinance Code)
(17) State and local environmental regulations
1/94
2.32.030(b)-2.32.030(c) Huntington Beach Municipal Code
(b) In addition to the foregoing, the Director of Community Development shall perform other
acts or duties, not inconsistent with the City Charter, as may be required by the City Council
or the laws of the state of California. (3220-1/94) i
(c) Whenever in this code,the Huntington Beach Ordinance Code, or any resolution, adopted by
the City Council, reference is made to the departments of building and community
development,planning, and environmental resources and/or the directors of such
department's, such references shall mean the Department of Community Development and the
Director of Community Development. (1814-3/73,2217-10/77,2330-1/79,3220-1/94)
1/94
Huntington Beach Municipal Code 3.36.010-3.36.010(d)
Chapter 3.36
UTILITIES TAX
(1598-10170,2211-8/77,2452-10/80, 2470-2/81,2886-12/86, 2933-8/88, 3095-4/91, 3096-4/91,
3118-7/91, 3162-9/92)
Sections:
3.36.010 Definitions
3.36.020 Telephone tax--Imposed
3.36.030 Telephone tax--Charges
3.36.040 Telephone tax--Intrastate use
3.36.050 Electricity tax
3.36.060 Use of electrical energy
3.36.070 Gas tax--Imposed
3.36.080 Gas tax--Exclusions
3.36.090 Water tax--Imposed
3.36.100 Water tax--Exclusions
3.36.110 Cable Television Users Tax
3.36.120 Exemptions
3.36.130 Collection of tax
3.36.140 Collection--When made
3.36.150 Collection--Commencement
3.36.160 Filing return and payment
3.36.170 Delinquent when
3.36.180 Penalty--Effect
3.36.190 Penalty--Imposed by administrator
3.36.200 Penalty--Combining nature
3.36.210 Actions to collect
3.36.220 Failure to pay--Administrative remedy
3.36.230 Assessment--Administrative remedy
3.36.240 Assessment--Hearing
3.36.250 Records
3.36.260 Refunds
3.36.270 City exempt
3.36.280 Senior citizens--Exemption
3.36.290 Application required
3.36.300 Notification to service supplier
3.36.310 Service supplier--Duty of
3.36.320 Exemption automatic
3.36.330 Tax billing exemptions--Effective when
3.36.340 Violation--Penalty
3.36.010 Definitions. Except where the context otherwise requires, the definitions given in this
Section govern the construction of this chapter:
(a) "City" means the City of Huntington Beach.
(b) "Month" means a calendar month.
(c) "Person" means any domestic or foreign corporation, firm, association, syndicate,joint stock
company, partnership of any kind,joint venture, club, Massachusetts business or common
law trust, society, individual or municipal corporation.
(d) "Service supplier" means any entity which receives taxes paid and remits same as imposed by
this chapter.
9/92
{
3.36.010(e)-3.36.060 Huntington Beach Municipal Code
(e) "Service user" means a person required to pay a tax imposed by this chapter.
(f) "Tax Administrator" means the Finance Director of the City.
(g) "Telephone corporation, electrical corporation, gas corporation, and water corporation" shall
have the same meanings as defined in Sections 234, 218,222, and 241 respectively, of the
Public Utilities Code of the State of California, as said Sections existed on January 1, 1970.
"Electrical corporation" and "water corporation" shall be construed to include any
organization,municipality or agency engaged in the selling or supplying of electrical power
or water to a service user; however, as specified by Public Utilities Code Section 218, does
not include a corporation or person employing cogeneration technology or producing power
from other than a conventional power source for the generation of electricity. (1598-10/70,
2933-8/88)
3.36.020 Telephone tax--Imposed. There is imposed a tax upon every person in the City, other
than a telephone corporation, using international, interstate, and intrastate telephone
communication services in the City. The tax imposed by this Section shall be at the rate of five
(5%) percent of all charges made for such services. (1598-10/70,3096-4/91)
3.36.030 Telephone tax--Charges. As used in this Section,the term "charges" shall not include
charges for services paid for by inserting coins in coin-operated telephones except that where
such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid
under such guarantee plus any fixed monthly or other periodic charge shall be included in the
base for computing the amount of tax due; nor shall the term "telephone-communication
services" include maritime-mobile services as defined in Section 2.1 of Title 47 of the Code of
Federal Regulations, or as that section may be amended from time to time. (1598-10/70,3162-9/92)
3.36.040 Telephone tax--Intrastate use. Notwithstanding the provisions of Section 3.36.020,
the tax imposed under this chapter shall not be imposed upon any person for using intrastate
telephone communication services to the extent that the amounts paid for such services are
exempt from or not subject to the tax imposed by Section 4251 of Title 26 of the United States
Code, as such Section existed on January 1, 1970,without regard to Section 3.36.020.
(1598-10/70)
3.36.050 Electricity tax. There is imposed a tax upon every person in the City using electrical
energy in the City. The tax imposed by this Section shall be at the rate of five (5%)percent of
the charges made for such energy and shall be paid by the person paying for such energy.
"Charges" as used in this Section shall include charges made for:
(a) Metered energy; and
(b) Minimum charges for service, including customer charges, service charges, demand charges,
standby charges and annual and monthly charges.
In the case of a service user employing cogeneration technology the tax imposed by this Section
shall be based upon the legal rate per kilowatt cogenerated, as charged by the applicable public
utility. (1598-10/70, 2933-8/88)
3.36.060 Use of electrical enerQy. As used in this Section, the term "using electrical energy"
shall not be construed to mean the storage of such energy by a person in a battery owned or
possessed by him for use in an automobile or other machinery or device apart from the premises
upon which the energy was received; provided, however, that the term shall include the receiving `mot
of such energy for the purpose of using it in the charging of batteries. The term shall not include
electricity used in water pumping by water corporations; nor shall the term include the mere
receiving of such energy by an electrical corporation or governmental agency at a point within
the City for resale. (1598-10/7o)
9/92
Huntington Beach Municipal Code 3.36.070--3.36.150
3.36.070 Gas tax--Imposed. There is imposed a tax upon every person in the City using gas in
the City which is delivered through mains or pipes. The tax imposed by this Section shall be at
the rate of five (5%)percent of the charges made for such gas. (1598-10/70)
3.36.080 Gas tax--Exclusions. There shall be excluded from the base on which the tax imposed
in this Section is computed:
(a) Charges made for gas which is to be resold and delivered through mains or pipes;
(b) Charges made for gas to be used in the generation of electrical energy by an electrical
corporation;
(c) Charges made by a gas public utility for gas used and consumed in the conduct of the
business of gas public utilities; and
(d) Charges for gas used in water pumping by water corporation. (1598-10/70)
3.36.090 Water tax--Imposed. There is imposed a tax upon every person in the City using
water in the City which is delivered through mains or pipes. The tax imposed by this Section
shall be at the rate of five (5%) percent of the charges made for such water and shall be paid by
the person paying for such water. (1598-10/70)
3.36.100 Water tax--Exclusions. There shall be excluded from the base on which the tax
imposed in this Section is computed charges made for water which is to be resold and delivered
through mains or pipes; and charges made by a municipal water department,public utility or a
county or municipal water district for water used and consumed by such department, utility or
district in the conduct of the business of such department, utility or district. (1598-10/70)
3.36.110 Cable Television Users Tax. (3118-7/91)
(a) There is hereby imposed a tax upon every person in the City using cable television service.
The tax imposed by this section shall be at the rate of Five Percent (5%) of the charges made
for such service and shall be paid by the person paying for such services. (3118-7/91)
(b) The Tax imposed in this section shall be collected from the service user by the person
furnishing the cable television service. (3118-7/91)
3.36.120 Exemptions. Nothing in this chapter shall be construed as imposing a tax upon any
person if imposition of such tax upon that person would be in violation of the Constitution of the
United States or the Constitution of the State of California. (1598-10/70)
3.36.130 Collection of tax. The amount of tax imposed by this chapter shall be collected from
the service user by the service supplier. (1598-10/70,2933-8/88)
3.36.140 Collection--When made. The tax shall be collected insofar as practicable at the same
time as and along with the collection of charges made in accordance with the regular billing
practice of the service supplier. (1598-10/70)
3.36.150 Collection--Commencement. The duty to collect tax from a service user shall
commence with the beginning of the first regular billing period applicable to that person which
shall begin as of January 1, 1971, or at the beginning of the first regular billing period thereafter
which would not include service prior to January 1, 1971. Where a person receives more than
one billing, one or more being for different periods than another,the duty to collect shall arise
separately for each billing period. (1598-10/70)
9/92
3.36.160--3.36.230 Huntington Beach Municipal Code
3.36.160 Filing return and payment. Each service supplier shall make a return to the Tax
Administrator, on forms provided by him, stating the amount of taxes billed by the service
supplier during the preceding month. The full amount of the tax collected shall be included with
the return and filed with the Tax Administrator. The Tax Administrator is authorized to require
such further information as he deems necessary to determine properly if the tax here imposed is
being levied and collected in accordance with this chapter. Returns must be postmarked with
prepaid postage and properly addressed, or personally delivered to the Tax Administrator on or
before the 20th of each month. Returns are due immediately upon cessation of business for any
reason. (1598-10/70,2211-8/77)
3.36.170 Delinquent when. Taxes collected from a service user which are not filed with the
Tax Administrator on or before the due dates provided in this chapter are delinquent. (1598-10/70,
2211-8177)
3.36.180 Penally--Effect. Penalties for delinquency in payment of any tax collected or any
deficiency determination, shall attach and be paid by the person required to collect and remit at
the rate of fifteen(15%)percent of the total tax collected or imposed herein. (1598-10/70,
2211-8/77)
3.36.190 Penalty--Imposed by administrator. The Tax Administrator shall have power to
impose additional penalties upon persons required to collect taxes under the provisions of this
chapter for fraud or negligence in reporting or paying at the rate of fifteen(15%)percent of the
amount of the tax collected or as recomputed by the Tax Administrator. (1598-10/70,2211-8/77)
3.36.200 Penalty--Combining nature. Every penalty imposed under the provisions of this
chapter shall become a part of the tax required to be paid. (1598-10/70,2211-8/77)
3.36.210 Actions to collect. Any tax required to be paid by a service user under the provisions
of this chapter shall be deemed a debt owed by the service user to the City. Any such tax
collected from a service user which has not been paid to the Tax Administrator shall be deemed a
debt owed to the City by the person required to collect and pay. Any person owing money to the
City under the provisions of this chapter shall be liable to an action brought in the name of the
City for the recovery of such amount. (1598-10/70,2211-8177)
3.36.220 Failure to pay--Administrative remedy. Whenever the Tax Administrator
determines that a service user has deliberately withheld the amount of the tax owed by him from
the amounts remitted to a service supplier, or that a service user has failed to pay the amount of
the tax for a period of two or more billing periods, or whenever the Tax Administrator deems it
in the best interest of the City,he may relieve the service supplier of the obligation to collect
taxes due under this chapter from certain named service users for specified billing periods. The
Tax Administrator shall notify the service user that he has assumed responsibility to collect the
taxes due for the stated periods and demand payment of such taxes. The notice shall be served
on the service user by handing it to him personally or by deposit of the notice in the United
States mail,postage prepaid thereon, addressed to the service user at the address to which billing
was made by the service supplier; or should the service user have changed his address,to his last
known address. If a service user fails to remit the tax to the Tax Administrator within fifteen
days from the date of the service of the notice upon him,which shall be the date of mailing if
service is not accomplished in person; a penalty of twenty-five (25%)percent of the amount of
the tax set forth in the notice shall be imposed but not less than five dollars. The penalty shall
become part of the tax herein required to be paid. (1598-10/70)
3.36.230 Assessment--Administrative remedy. The Tax Administrator may make an
assessment for taxes not paid or remitted by a person required to pay or remit. A notice of the
assessment which shall refer briefly to the amount of the taxes and penalties imposed and the
time
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Huntington Beach Municipal Code 3.36.230--3.36.300
and place when such assessment shall be submitted to the City Council for confirmation or
t modification. The Tax Administrator shall mail a copy of such notice to the person selling the
service and to the service user at least ten days prior to the date of the hearing and shall post such
notice for at least five continuous days prior to the date of the hearing on the chamber doors of
the City Council. Any interested party having any objections may appear and be heard at the
hearing provided his objection is filed in writing with the Tax Administrator prior to the time set
for the hearing. (1598-10/70)
3.36.240 Assessment--Hearing. At the time fixed for considering the assessment, the City
Council shall hear the same together with any objection filed as aforesaid and thereupon may
confirm or modify the assessment by motion. (1598-10/70)
3.36.250 Records. It shall be the duty of every person required to collect and remit to the City
any tax imposed by this chapter to keep and preserve, for a period of three years, all records as
may be necessary to determine the amount of such tax as he may have been liable for the
collection of and remittance to the Tax Administrator, which records the Tax Administrator shall
have the right to inspect at all reasonable times. (1598-10/70)
3.36.260 Refunds. Whenever the amount of any tax has been overpaid or paid more than once
or has been erroneously or illegally collected or received by the Tax Administrator under this
chapter, it may be refunded as provided in this Section.
(a) A person required to collect and remit taxes imposed under this chapter, may claim a refund
or take as credit against taxes collected and remitted the amount overpaid,paid more than
once or erroneously or illegally collected or received when it is established in a manner
prescribed by the Tax Administrator that the service user from whom the tax has been
collected did not owe the tax; provided, however,that neither a refund nor a credit shall be
allowed unless the amount of the tax so collected has either been refunded to the service user
or credited to charges subsequently payable by the service user to the person required to
collect and remit.
(b) No refund shall be paid under the provisions of this Section unless the claimant established
his right thereto by written records showing entitlement thereto. (1598-10/70)
3.36.270 City exempt. The taxes imposed by this chapter shall not apply to the City.
(1598-10/70)
3.36.280 Senior citizens--Exemption. The tax imposed by this chapter shall not apply to any
individual service user sixty-two years of age or older who uses telephone, electric, water or gas
services, in or upon any premises occupied by such individual,provided the combined adjusted
gross income as used for federal income tax reporting purposes of all members of the household
in which such service user resides does not exceed the "HUD Income Guidelines - Very Low
Income Category" currently on file at the City's Office of the Housing Rehabilitation
Administrator, for the calendar year prior to the fiscal year(July 1 through June 30) for which the
exemption provided by this chapter is applied. (2452-10/80, 2886-12/86, 3095-4/91)
3.36.290 Application required. Any service user, meeting the requirements for exempt status,
may file a verified application with the Director of Finance on a form furnished by him. The
Director of Finance, or his designee, shall review all applications and certify those service users
as exempt who meet the requirements for the exemption provided by this chapter. (2452-10/80)
3.36.300 Notification to service supplier. The Director of Finance, or his designee shall
compile a list of all exempt service users, together with the addresses, account numbers, if any,
of such users, and such other information as may be necessary for service suppliers to remove
exempt service users from their tax billings. (2452-10/80)
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3.36.310-3.36.340 Huntington Beach Municipal Code
3.36.310 Service supplier--Duty of. No service supplier shall be required to bill any exempt r
service user for any tax imposed by this chapter after receipt of notice from the Director of
Finance that such service user has met the requirements for exempt status established by the
provisions of this chapter. (2452-10/80,2470-2/81)
3.36.320 Exemption automatic. The exemption provided for in this chapter shall continue and
be renewed automatically from year to year except as hereinafter provided. No exempt service
user shall fail to notify the Director of Finance within ten(10) days of a change of address, or of
any other fact or circumstance which might disqualify him or otherwise affect his exempt status.
All exempt service users shall file with the Director of Finance new verified applications in order
to receive exempt service at a new address or location. (2452-10/80)
3.36.330 Tax billing_exemptions--Effective when. All service suppliers shall remove exempt
service users from their tax billings for the first regular full billings dated on or before October
15, 1980, and thereafter within sixty (60) days after notice from the Director of Finance to do so.
(2452-10/80)
3.36.340 Violation--Penalty. It is unlawful and a misdemeanor for any person knowingly to
receive the exemption provided by this chapter when such person has not met the requirements
on which such exemption is based, or when such person can no longer meet the requirements on
which such exemption is based, and upon conviction thereof shall be subject to a fine of five
hundred dollars ($500) or imprisonment in the county jail for a period not to exceed six (6)
months, or by both such fine and imprisonment. Each such person shall be guilty of a separate
offense for each and every day or portion thereof during which a violation is committed or
continued. (2452-10/80)
L
9/92
t
lot
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective 3/19/98)
Please Remove from Code Please Add to Code
Chapter 17.10 Chapter 17.10
Table of Contents, Page v Table of Contents, Page v
Title 17 Index Title 17 Index
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
980319
Huntington Beach Municipal Code 17.10.010--17.10.040(a)
a
Chapter 17.10
HUNTINGTON BEACH NUISANCE CODE
(2870-12/86,2897-7/87,3079-12/90,3212-11/93,3386-3/98)
Sections:
17.10.010 Nuisance Defined
17.10.020 Additional Enforcement Remedies
17.10.030 City Administrator/Administrative Abatement Officer
17.10.040 Person/Responsible Person/Party
17.10.050 Abate/Abatement
17.10.060 Premises
17.10.070 Service of Notice
17.10.080 Abatement of Nuisance Related Activities or Condition
17.10.090 Nuisance Designated
17.10.100 Notification of Nuisance and Abatement Thereof
17.10.110 Notice of Administrative Penalty
17.10.120 Administrative Penalties
17.10.130 Administrative Costs
17.10.140 Abatement by Administrative Abatement Officer
17.10.150 Record of Administrative Penalties and Costs; Costs of Abatement Hearing
17.10.160 Expenses and Administrative Penalties and Costs Shall be a Lien Against
the Property
17.10.170 Notice of Lien
17.10.180 Alternative Method of Collection
17.10.190 Right of Judicial Review
17.10.200 Violations
17.10.210 Alternatives
17.10.010 Nuisance defined. As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods, impair property
values and which are injurious or detrimental to the health, safety and general welfare of the
citizens of Huntington Beach. (3386-3/98)
17.10.020 Additional Enforcement Remedies. The procedures provided for in this chapter
shall be cumulative and in addition to any other procedure or legal remedy provided for in this
Code or by state law for the abatement of nuisance related activities or conditions. Nothing in
this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding
to abate a nuisance under applicable civil, penal or municipal code provisions as an alternative or
alternatives to the proceedings set forth in this chapter. (3386-3/98)
17.10.030 City Administrator/Administrative Abatement Officer. As used in this chapter,
"Administrative Abatement Officer" shall mean the City Administrator and any other person or
persons designated by the City Administrator as being an Administrative Abatement Officer.
(3386-3/98)
17.10.040 Person/Responsible Person/Party. (3386-3/98)
(a) As used in this chapter, "Person"/"Responsible Person"/"Party" shall mean any individual,
business or entity who is responsible for causing, maintaining or permitting a nuisance
activity or condition. The terms "person," "responsible person" or "responsible party"
include, but are not limited to, a property owner, tenant, person with a legal interest in real
property or person in possession or occupying real property, the president or other officer of
a corporation, a business owner or manager of a business. (3386-3/98)
3/98
a
7
17.10.040(b)--17.10.080 Huntington Beach Municipal Code
b
(b) Any act of negligent or willful conduct of a minor which results in the creation or
maintenance of a condition or activity which constitutes a nuisance within the meaning of �
this chapter shall be imputed to the parent or guardian having custody and control of the
minor for all purposes, including the duty to abate the nuisance(s) and the imposition of
administrative penalties and costs as provided for herein. The parent or guardian having
custody and control of the minor shall be jointly and severally liable with the minor for any
and all penalties or costs imposed pursuant to this chapter. (3386-3/98)
17.10.050 Abate/Abatement. As used in this chapter, the terms "abate" and "abatement" shall
mean action to terminate, remove, stop, cease, repair, replace or otherwise remedy a nuisance
related activity or condition by such means and in such manner as is necessary to the interest of
the health, safety or general welfare of the public. (3386-3/98)
17.10.060 Premises. As used in this chapter,the term "premises" shall mean any location,
building, structure, residence, garage, room, shed, shop, store, dwelling, lot,parcel, land or
portion thereof whether improved or unimproved. (3386-3/98)
17.10.070 Service of Notice. (3386-3/98)
(a) Whenever any notice, amended notice, supplemental notice, order, statement or other
document is required to be served upon any person, by the provisions of this chapter, such
service shall be either by personal service or by delivery into the United States mail, postage
prepaid, certified or registered mail, to the person's last known address. If service is by
mail, the service is complete at the time of the deposit, but any period of notice and any right
or duty to do any act or make any response within any period or on a date certain shall be
extended five days if the place of address is within the State of California or ten days if the
place of address is outside the State of California. (3386-3/98)
(b) In lieu of personally serving the person or service by certified or registered mail, service of
any notice, amended notice, supplemental notice, order, statement or other document may be
made as follows: (3386-3/98)
(1) In the event that the responsible person refuses to accept certified or registered mail or
cannot be personally served, service may be made by substituted service. In lieu of
personal delivery of a copy of the document, notice may be served by leaving a copy
during usual office hours at the person's usual place of business with the individual
who is apparently in charge, and by thereafter mailing by first-class mail a copy of the
notice to the person at the address where the copy of the notice was left. Or, a
document may be served by leaving a copy at the person's dwelling or usual place of
abode in the presence of a competent member of the household, at least 18 years of age,
and thereafter mailing by first-class mail a copy of the notice to the person at the
address where the copy was left. (3386-3/98)
(2) In the event a person refuses to accept certified or registered mail or cannot be
personally served or served by substituted service and has a property manager or rental
agency overseeing the premises, substituted service may be made as set forth above,
upon the property manager or rental agency. (3386-3/98)
(3) If a person lives out of state and will not accept certified or registered mail, then service
may be made by first-class mail. (3386-3/98)
17.10.080 Abatement of Nuisance Related Activities or Condition. Any activity, condition or
premise(s) maintained as described herein is declared to be a public nuisance and shall be abated
by cessation of the activity, rehabilitation, demolition, removal, repair or other appropriate
remedy pursuant to the procedures set forth in this chapter. (3386-3/98)
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Huntington Beach Municipal Code 17.10.090--17.10.090(k)
17.10.090 Nuisance Designated. It is hereby declared a public nuisance, or an act in the nature
of a public nuisance, for any person or party to cause, permit, abet or otherwise allow any
premises in this City to be used in such a manner that any one or more of the activities or
conditions described in the following subsections are found to occur thereon. (3386-3/98)
(a) Any condition or activity which is a "nuisance" or a "public nuisance" as defined in Sections
3479 and 3480 of the Civil Code of the State of California or which is specifically declared
to constitute a nuisance or public nuisance by any statute of the State of California or by any
ordinance of the City of Huntington Beach. (3386-3/98)
(b) The violation of any provisions of the following Uniform Codes which have been adopted,
as amended, by the City of Huntington Beach: (3386-3/98)
(1) Uniform Building Code;
(2) National Electrical Code;
(3) Uniform Fire Code;
(4) Uniform Housing Code;
(5) Uniform Plumbing Code;
(6) Uniform Mechanical Code;
(7) Uniform Code for the Abatement of Dangerous Buildings;
(8) Uniform Swimming Pool, Spa and Hot Tub Code;
(9) Uniform Administrative Code.
(c) The violation of any provision of the Huntington Beach Municipal Code, or the Huntington
Beach Zoning and Subdivision Ordinance Code, or any code adopted by reference. (3386-3/98)
(d) The operation or maintenance of any business, trade or profession in violation of Title 5 of
this Code, or lack of a proper certificate of occupancy. (3386-3/98)
(e) The frequent gathering, or coming and going, of people who have an intent to purchase or
use controlled substances on or at any premises in this City. (3386-3/98)
(f) Participation in a criminal street gang as proscribed by California Penal Code Section
186.22. (3386-3/98)
(g) The making or continuing, or causing to be made or continued, of any loud, unnecessary or
unusual noise which disturbs the peace and quiet of the neighborhood or which causes
discomfort or annoyance to any reasonable person of normal sensitiveness residing in the
area. (3386-3/98)
(h) The occurrence of criminal activity at any premises which threatens the life, health, safety or
welfare of the residents of the premises, neighbors or the public. (3386-3/98)
(i) Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a
state of partial construction. (3386-3/98)
(j) Land, the topography or configuration of which, whether in a man-made state or as a result
of grading operations, excavation or fill, causes erosion, subsidence, or surface water
drainage problems of such magnitude as to be injurious to the public health, safety and
welfare or to adjacent properties. (3386-3/98)
(k) The failure to secure and maintain from public access all doorways, windows and other
openings into vacant structures. (3386-3/98)
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17.10.090(I)--17.10.090(w) Huntington Beach Municipal Code
0
(1) Overgrown vegetation on developed property which: (3386-3/98)
(1) Harbors rats, vermin, and other disease carriers; or (3386-3/98)
(2) Causes detriment to neighboring properties or property values; or(3386-3/98)
(3) Causes a hazardous condition to pedestrian and/or vehicular traffic. (3386-3/98)
(m) Dead, decayed, diseased or hazardous trees, weeds and other vegetation on developed
property which: (3386-3/98)
(1) Constitutes an unsightly appearance; or (3386-3/98)
(2) Creates danger to public safety and welfare; or(3386-3/98)
(3) Is detrimental to nearby property or property values. (3386-3/98)
(n) Abandoned, broken, neglected machinery or equipment which poses a potential hazard to
the general public. (3386-3/98)
(o) Unprotected or hazardous excavations, swimming pools, and ponds. (3386-3/98)
(p) Broken or discarded furniture, household equipment and appliances on the premises, visible
from the street, which causes damage or is a detriment to neighboring properties. (3386-3/98)
(q) Packing boxes, lumber, dirt and other trash or debris outside commercial and industrial
buildings which is visible from public streets and causes detriment to neighboring
properties. (3386-3/98)
(r) Accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and
landscaped areas. (3386-3/98)
(s) Deteriorated parking lots which have pot holes, cracks and ridges. (3386-3/98)
(t) Fences in a state of disrepair or in a dilapidated condition. (3386-3/98)
(u) Premises including, but not limited to, building exteriors which are maintained in such
condition as to become so defective, unsightly or in such condition of deterioration or
disrepair that the same causes diminution of the property values of surrounding property or
is materially detrimental to proximal properties and improvements. This includes, but is not
limited to, the keeping and disposing of or the scattering over the property or premises of
any of the following: (i) lumber,junk, trash or debris; (ii) abandoned or discarded or unused
objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or
containers; (iii) stagnant water or excavation(s); (iv) any device, decoration, design, fence,
structure, clothesline or vegetation which is unsightly by reason of its condition or
inappropriate location; or(v) permitting or allowing any graffiti to remain on any building,
wall, fence or structure. (3386-3/98)
(v) The use of any premises for the purpose of illegal gambling, lewdness, assignation, or
prostitution as proscribed by state law or this Code. (3386-3/98)
(w) The maintenance, use, rental or lease of any premises, or subunit thereof, including single-
family dwellings, where persons are allowed to congregate, gather or loiter in such a manner
as to disturb the peace of other persons lawfully on the property itself or lawfully in the
vicinity of the property. (3386-3/98)
3/98
Huntington Beach Municipal Code 17.10.090(x)--17.10.100(e)
t
(x) The use of any premises for the purpose of unlawfully selling, serving, storing, keeping,
manufacturing or giving away any controlled substance, precursor, or analog as those terms
are defined by state law. (3386-3/98)
(y) Noise disturbances in violation of Chapter 8.40 of this Code. (3386-3/98)
(z) Maintenance of properties or premises in such a manner as to cause substantial diminution
of the enjoyment, use, or property values of adjacent properties. (3386-3/98)
17.10.100 Notification of Nuisance and Abatement Thereof. (3386-3/98)
(a) Whenever the Administrative Abatement Officer declares or finds that any nuisance activity
or condition is being maintained or carried on at any premises in the City contrary to the
provisions of this Chapter, the Administrative Abatement Officer shall give written "Notice
of Abatement" to any and all responsible persons or parties, whose names and identities
have been determined by the Administrative Abatement Officer after making reasonable
investigation and inquiry, setting forth a brief description of the activity or condition
constituting the nuisance and the sections of this chapter that are being violated. (3386-3/98)
(b) The Notice of Abatement shall include the following: (3386-3/98)
(1) Set forth a reasonable time limit not to exceed thirty days for correcting or abating the
nuisance; (3386-3/98)
(2) Suggested methods of correction or abatement and the fact that the City will take steps
to abate the nuisance if the person fails to do so; (3386-3/98)
(3) That administrative penalties and/or administrative costs will be assessed against the
responsible person in the event the nuisance activity or condition is not corrected or
abated within the time frame established by the notice for correcting or abating the
nuisance; (3386-3/98)
(4) That the person or party served has the right to request a hearing as provided by this
Chapter; (3386-3/98)
(5) That failure to make timely application for a hearing as provided for in this section shall
be deemed a conclusive admission that: 1) the nuisance activity or condition described
in the notification of nuisance does or did exist, 2)that the person(s) to whom the notice
was directed is in fact the person(s) responsible for creating or maintaining the nuisance
condition or activity, and 3) that the time specified in the notice for the correction or
abatement of the nuisance is, in fact, reasonable under the circumstances. (3386-3/98)
(c) Except in the case of an emergency situation wherein the nuisance condition or activity
poses an immediate threat to the health, safety, or general welfare of the public, the time
permitted for correction or abatement shall be at least fifteen calendar days. (3386-3/98)
(d) The Administrative Abatement Officer may grant an extension of time to abate a nuisance if,
in his/her opinion, good cause for an extension exists. (3386-3/98)
(e) The person or party who has been served with notice pursuant to this section may, within
seven calendar days, make a written application to the Administrative Abatement Officer for
a hearing on the question of whether a nuisance activity or condition in fact exists; whether
the person to whom the notice was directed is responsible for the creation or maintenance of
such nuisance; and whether the Administrative Abatement Officer has provided sufficient
time to correct or abate the nuisance condition or activity. (3386-3/98)
3/98
• 1
17.10.100(D--17.10.110(c) Huntington Beach Municipal Code
a
(f) Upon receipt of a timely written application for hearing, the Administrative Abatement
Officer shall establish the date and time of the hearing and shall so notify the applicant in
writing. Failure to make timely application for a hearing as provided for in this section shall
be deemed a conclusive admission that: 1)the nuisance activity or condition described in
the notification of nuisance does or did exist, 2)that the person(s)to whom the notice was
directed is in fact the person(s) responsible for creating or maintaining the nuisance
condition or activity, and 3)that the time specified in the notice for the correction or
abatement of the nuisance is, in fact, reasonable under the circumstances. (3386-3/98)
(g) The hearing provided for in this section shall be conducted by the Administrative Abatement
Officer. At the time stated in the notice of hearing,the Administrative Abatement Officer
shall hear and consider all relevant evidence, including, but not limited to, testimony from
the applicant, owners, City personnel, neighbors, witnesses or other interested parties, and
may consider staff reports or other written materials relative to the matter. The hearing may
be continued from time to time as appropriate and the strict rules of evidence shall not
apply. Proof of the existence of a nuisance condition or activity must be by a preponderance
of the evidence and the burden of proof on this issue is upon the City. (3386-3/98)
(h) At the conclusion of the hearing, or in the case where no hearing has been requested by a
person or party served with the Notice of Abatement and the time for correcting or abating
the nuisance as set forth in the Notice of Abatement has expired, the Administrative
Abatement Officer shall issue a compliance order confirming, amending or dismissing the
Notice of Abatement or he/she may extend the time for compliance. The decision of the
Administrative Abatement Officer shall be final and conclusive. Written notice of the
Administrative Abatement Officer's decision and findings shall be given to the person or
party and said notice shall state clearly and concisely the basis for the Administrative
Abatement Officer's findings with respect to the existence of the nuisance activity or
condition. The notice shall further state that unless the person or party shall cause the
abatement of the nuisance activity or condition, pursuant to the notice, the nuisance shall be
abated, if appropriate, by the City at the expense of the person or party, and that
administrative penalties and/or costs will be assessed against the person for non-compliance
with the notice. (3386-3/98)
17.10.110 Notice of Administrative Penalty. (3386-3/98)
(a) After the time for abatement or correction has expired,the Administrative Abatement
Officer shall determine whether the person or party has taken the necessary abatement or
corrective action and whether the nuisance activity or condition has in fact been abated.
(3386-3/98)
(b) If the Administrative Abatement Officer determines that the person has complied with the
"Notice of Abatement" or order and that the nuisance has been abated, the person shall be
notified in writing of such determination and the administrative action provided for herein
shall be suspended. If the Administrative Abatement Officer suspends the administrative
action, he/she may continue to monitor the premises or activity associated with it for a
period not to exceed eighteen months. (3386-3/98)
(c) If the Administrative Abatement Officer determines that the person has failed to comply
with the initial abatement order or any expansion thereof or that the nuisance activity or
condition has recurred within eighteen months of the suspension of the case, the
Administrative Abatement Officer may impose, after a hearing conducted in the manner set
forth in section 17.10.100(G), an administrative penalty and/or administrative costs as
provided in this Chapter. In the event administrative penalties or costs are imposed by the
Administrative Abatement Officer, the responsible person shall be notified in writing of the
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Huntington Beach Municipal Code 17.10.110(c)--17.10.130(a)
amount of the administrative penalty imposed in accordance with the provisions set forth in
this Chapter. The decision of the Administrative Abatement Officer shall be final and
conclusive. (3386-3/98)
(d) In addition to imposing administrative penalties or costs, the Administrative Abatement
Officer may, after conducting the hearing described in section 17.10.110(C), issue another
order to correct or abate the nuisance condition or activity for the existence of any nuisance
which has not been abated, or which has recurred within the eighteen month period the
action was held in suspension. (3386-3/98)
17.10.120 Administrative Penalties. (3386-3/98)
(a) Administrative penalties imposed by the Administrative Abatement Officer are not to
exceed a maximum of five hundred dollars per day for each on-going violation, except that
the total administrative penalty shall not exceed thirty thousand dollars, exclusive of any
administrative costs, for any violation or related series of violations. (3386-3/98)
(b) In determining the amount of administrative penalty, the Administrative Abatement Officer
shall take any or all of the following factors into consideration: (3386-3/98)
(1) The duration of the violation; (3386-3/98)
(2) The frequency, recurrence and number of violations, related or unrelated, by the same
violator; (3386-3/98)
(3) The seriousness of the violation; (3386-3/98)
(4) The good faith efforts of the violator to abate the nuisance or otherwise come into
compliance; (3386-3/98)
(5) The economic impact of the penalty on the violator; (3386-3/98)
(6) The impact of the violation on the community; and (3386-3/98)
(7) Such other factors as justice may require. (3386-3/98)
(c) Administrative penalties imposed shall accrue from the date specified in the compliance
order and shall cease to accrue on the date the violation is corrected as determined by the
Administrative Abatement Officer. (3386-3/98)
(d) The Administrative Abatement Officer, in his/her discretion, may suspend the imposition of
applicable administrative penalties for any period of time during which; (3386-3/98)
(1) The violator has filed for necessary permits; and (3386-3/98)
(2) Such permits are required to achieve compliance; and (3386-3/98)
(3) Such permit applications are actively pending before the City, state or other appropriate
governmental agency. (3386-3/98)
17.10.130 Administrative Costs. (3386-3/98)
(a) In addition to the imposition of administrative penalties, the Administrative Abatement
Officer may assess administrative costs against the person when it is determined that a
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17.10.130(a)--17.10.170 Huntington Beach Municipal Code
violation has occurred and that compliance has not been achieved within the time specified
in the initial compliance order or that a violation has recurred within eighteen months of the
suspension of the case. (3386-3/98)
(b) The administrative costs may include any and all actual costs incurred by the City in
connection with the matter before the Administrative Abatement Officer including, but not
limited to, costs of investigation, staffing costs or staffing overhead incurred in preparation
for the hearing and for the hearing itself, and costs incurred for all inspections or
reinspections necessary to enforce the compliance order. (3386-3/98)
17.10.140 Abatement by Administrative Abatement Officer. If the nuisance related
condition or activity is not completely abated in the manner and within the time set forth in the
"Notice of Abatement" or order of the Administrative Abatement Officer, then the
Administrative Abatement Officer, in addition to the imposition of administrative costs or
penalties, may cause the nuisance to be abated by City employees or a private contractor. The
costs of the abatement shall be assessed to the responsible party and shall reflect the actual cost
incurred by the City in effecting the abatement. (3386-3/98)
17.10.150 Record of Administrative Penalties and Costs; Cost of Abatement Hearing (3386-3/98)
(a) The Administrative Abatement Officer shall keep an itemized account of any administrative
penalty or administrative cost assessed as well as the cost incurred by the City in abating a
nuisance. The Administrative Abatement Officer shall also give written notice to the
responsible party or parties of any such penalty or costs assessed,together with a notice of
time and place when a hearing will be held by a hearing officer appointed by the City
Administrator to determine the appropriateness of the penalties and/or costs assessed.
(3386-3/98)
(b) At the time fixed for the hearing concerning the appropriateness of the penalties and/or costs
assessed, the hearing officer shall hear and consider all relevant evidence, including, but not
limited to, testimony from the person assessed, City personnel or other interested parties,
and may consider staff reports or other written materials relative to the matter. Proof of the
appropriateness of the costs or penalties assessed must be by a preponderance of the
evidence and the City shall have the burden of proof on this issue. At the conclusion of the
hearing, the hearing officer shall confirm, revise, correct or modify the amount of the
penalties or costs assessed. The decision of the hearing officer shall be final and conclusive,
and the responsible parry or parties shall be notified in writing of the hearing officer's
determination. (3386-3/98)
17.10.160 Expenses and Administrative Penalties and Costs Shall be a Lien Against the
Properly. If the responsible party does not pay the administrative penalties, administrative costs
or the expense of abating the nuisance within ten days after the hearing officer confirms the
administrative penalty, administrative costs or costs of abatement, the costs and penalties shall
become a lien against the real property upon which the nuisance was abated. The lien shall
continue until it is paid, together with interest at the legal rate per year computed from the date of
confirmation of the costs or penalties until payment. The lien may be collected at the same time
and in the same manner as ordinary municipal 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
municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply
to this lien. (3386-3/98)
17.10.170 Notice of Lien. The City shall file in the office of the county recorder of Orange
County, California, a certificate substantially in the following form: (3386-3/98)
3/98
T ,
Huntington Beach Municipal Code 17.10.170--17.10.200(c)
NOTICE OF LIEN
Under the authority of Government Code Sections 38773.5 and
53069.4, as well as Chapter 17.10 of the Huntington Beach
Municipal Code, the City of Huntington Beach did on ,
19_, abate a nuisance upon the real property hereafter described
and also on , 19 , did impose the cost of the abatement and
administrative costs and penalties upon the real property. The City
of Huntington Beach claims a lien for costs/charges on the real
property for the expense of doing the work in the amount of$
and for the amount of$ for administrative costs and $ for
administrative penalties, for a total amount of$ . This amount
is a lien against the real property until it is paid, with interest at the
legal rate per year from , 19_ (insert date of confirmation of
statement), and discharged and recorded. The real property
referred to above, and upon which the lien is claimed is that certain
parcel of land situated within the City of Huntington Beach,
County of Orange, State of California, commonly known as
more particularly
described as follows:
Dated: , 19_.
City of Huntington Beach
By:
17.10.180 Alternative Method of Collection. Administrative penalties, administrative costs
and the cost of abatement incurred by the City are a personal debt and obligation owed to the
City and, in addition to any other means of enforcement, the City Attorney is authorized to bring
an action on behalf of the City against the responsible party or parties for collection of
administrative penalties, administrative costs or for the collection of the expense of abatement in
any court of competent jurisdiction. (3386-3/98)
17.10.190 Right of Judicial Review. A person contesting a final administrative order or
decision of the Administrative Abatement Officer regarding the imposition, enforcement or
collection of the administrative fines or penalties provided for in this chapter may, within twenty
days after service of the final administrative order or decision, seek review by filing an appeal to
be heard by the municipal court in accordance with the provisions and procedures established by
California Government Code Section 53069.4. (3386-3/98)
17.10.200 Violations. (3386-3/98)
(a) The owner or other person having charge or control of any such buildings or premises who
maintains any public nuisance defined in this chapter, or who violates any notice of
abatement served as provided in section 17.10.100, is guilty of a MISDEMEANOR.
(3386-3/98)
(b) Any occupant or lessee in possession of any such building or structure who fails to vacate
said building or structure in accordance with a notice given as provided in this chapter is
guilty of a MISDEMEANOR. (3386-3/98)
(c) Any person who obstructs, impedes or interferes with any representative of the City Council
3/98
1
17.10.200(c)--17.10.210 Huntington Beach Municipal Code
4
or with any representative of a City department or with any person who owns or holds any
estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated, or
demolished or with any person to whom any such building has been lawfully sold
pursuant to the provisions of this chapter when any of the aforementioned individuals are
lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a
MISDEMEANOR. (3386-3/98)
17.10.210 Alternatives. Nothing in the foregoing sections shall prevent the City Attorney from
commencing a civil or criminal proceeding to abate a public nuisance under applicable
provisions of the California Civil Code or Penal Code as an alternative to the proceedings set
forth herein. (3386-3/98)
I
3198
TITLE 14 (continued)
14.18 Water Management Program
14.20 Water Main Extensions
14.24 Water Pollution
14.25 Storm Water and Urban Runoff Management
14.26 Construction and Abandonment of Water Wells
14.36 Sewer System Service Connections, Fees and Deposits
14.44 Sewer Main Extensions
14.48 Drainage
14.52 Water Efficient Landscape Requirements
TITLE 15 - OIL
15.04 General Provisions
15.08 Definitions
15.12 Permits and Fees
15.16 Insurance
15.20 Drilling, Operation and Safety Regulations
15.22 Screening and Landscaping
15.24 Cleanup and Maintenance
15.28 Waste Water System
15.32 Nonproducing and Idle Wells
15.36 Nuisance Oil Wells and Sites
15.40 Activation of Idle Wells
15.50 Consolidation Projects
TITLE 16 - RESERVED
TITLE 17 - BUILDINGS AND CONSTRUCTION
17.02 Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Huntington Beach Nuisance Code
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy Code
17.64 Undergrounding of Utilities
17.65 Traffic Impact Fees
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants.of Easement
TITLE 18 - RESERVED
V
3/98
Huntington Beach Municipal Code Title 17 Index
Title 17
BUILDINGS AND CONSTRUCTION
Chapters:
17.02 Uniform Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Huntington Beach Nuisance Code
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.36 (Repealed 3022-12/89)
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy
17.64 Undergrounding of Utilities
17.65 Traffic Impact Fees
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants of Easement
3/98
TITLE 14 (continued)
14.18 Water Management Program
14.20 Water Main Extensions
14.24 Water Pollution
14.25 Storm Water and Urban Runoff Management
14.26 Construction and Abandonment of Water Wells
14.36 Sewer System Service Connections, Fees and Deposits
14.44 Sewer Main Extensions
14.48 Drainage
14.52 Water Efficient Landscape Requirements
TITLE 15 - OIL
15.04 General Provisions
15.08 Definitions
15.12 Permits and Fees
15.16 Insurance
15.20 Drilling, Operation and Safety Regulations
15.22 Screening and Landscaping
15.24 Cleanup and Maintenance
15.28 Waste Water System
15.32 Nonproducing and Idle Wells
15.36 Nuisance Oil Wells and Sites
15.40 Activation of Idle Wells
15.50 Consolidation Projects
TITLE 16 - RESERVED
TITLE 17 - BUILDINGS AND CONSTRUCTION
17.02 Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Property Maintenance
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy Code
17.64 Undergrounding of Utilities
17.65 Traffic Impact Fees
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants of Easement
TITLE 18 - RESERVED
v
8/97
Huntington Beach Municipal Code Title 17 Index
Title 17
BUILDINGS AND CONSTRUCTION
Chapters:
17.02 Uniform Administrative Code
17.04 Building Code
17.05 Grading and Excavation Code
17.08 Housing Code
17.10 Property Maintenance
17.12 Dangerous Buildings Code
17.16 Earthquake Hazard Regulations
17.20 Driveways and Parking Areas
17.24 Sun Decks--Windscreens
17.28 Moving Buildings
17.36 (Repealed 3022-12/89)
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing Code
17.46 SwimmingPool,ool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Uniform Fire Code
17.58 Hazardous Materials
17.60 Solar Energy Code
17.64 Undergrounding of Utilities
17.65 Traffic Impact Fees
17.66 Library Development Fee
17.68 Cost Reimbursement Districts
17.72 Covenants of Easement
1/97
Huntington Beach Municipal Code 17.10.010--17.10.010(e)(1)
Chapter 17.10
PROPERTY MAINTENANCE
(2870-12/86,2897-7/87, 3079-12/90,3212-11/93)
Sections:
17.10.010 Nuisances designated
17.10.015 Graffiti vandalism removal
17.10.016 Appeal of the action by the Director of Public Works
17.10.017 Appeals to the City Administrator
17.10.018 Appeals to the City Council
17.10.019 Reward
17.10.020 Declaration of nuisance
17.10.030 Enforcement
17.10.040 Voluntary abatement of nuisances
17.10.050 Failure to abate a declared nuisance voluntarily
17.10.060 Notice of public hearing
17.10.070 Form of notice of public hearing
17.10.080 Hearing by the City Council
17.10.090 Decision of the City Council
17.10.100 Service of the abatement order
17.10.110 Abatement of property owner
17.10.120 Abatement by the city
17.10.130 Record of cost for abatement
17.10.140 Report--Hearing and proceedings
17.10.150 Assessment of costs against property--Lien
17.10.160 Violations
17.10.170 Alternatives
17.10.010 Nuisances designated. It shall be unlawful and it is hereby declared to be a public
nuisance for any person owning, leasing, occupying or having charge of any residential,
commercial or industrial property in the city to maintain such premises in such a manner that any
of the following conditions are found to exist thereon:
(a) Land,the topography or configuration of which, whether in a man-made state or as a result of
grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage
problems of such magnitude as to be injurious to the public health, safety and welfare or to
adjacent properties;
(b) Buildings which are partially destroyed, or permitted to remain in a state of partial
construction, for more than twelve (12)months from initial issuance of the building permit;
(c) The failure to secure and maintain from public access all doorways,windows and other
openings into vacant structures;
(d) Overgrown vegetation on developed property which:
(1) Harbors rats,vermin, and other disease carriers; or
(2) Causes detriment to neighboring properties or property values;
(e) Dead, decayed, diseased or hazardous trees, weeds and other vegetation on developed
property which
(1) Constitutes an unsightly appearance; or
11/93
17.10.010(e)(2)-17.10.016(a) Huntington Beach Municipal Code
(2) Creates danger to public safety and welfare; or
(3) Is detrimental to nearby property or property values;
(f) Abandoned,broken, neglected machinery or equipment which poses a potential hazard to the
general public;
(g) Unprotected or hazardous excavations, swimming pools, and ponds;
(h) Broken or discarded furniture, household equipment and appliances on the premises, visible
from the street which causes damage or is a detriment to neighboring properties;
(i) Packing boxes, lumber, dirt and other trash or debris outside commercial and industrial
buildings which is visible from public streets and causes detriment to neighboring properties;
(j) Accumulation of dirt, litter or debris in doorways, adjoining sidewalks,parking lots and
landscaped areas;
(k) Deteriorated parking lots which have pot holes, cracks and ridges;
(1) Fences in a state of disrepair or in a dilapidated condition. (2870-12/86)
17.10.015 Graffiti vandalism removal. (3079-12/80,3212-11/93)
(a) Upon personal observation or the receipt of a complaint of offensive graffiti vandalism, the
Director of Public Works or his/her representative may deliver or cause to be delivered a
letter to the private property owner advising said owner that he/she is maintaining a public
nuisance. The Director or his/her representative shall authorize the removal of such graffiti
vandalism at the city's expense a maximum of five (5)times per year from the same private
property upon the following conditions: (3212-11/93)
(1) The removal of graffiti vandalism by the city or by a private contractor under the
direction of the city shall be undertaken only after securing the written consent of the
owner and release of the city from liability; (3212-11/93)
(2) In removing the graffiti vandalism,the painting or repair of an area more extensive than
where the graffiti vandalism is located shall not be authorized, unless the owner agrees to
pay for the costs of repainting or repairing a more extensive area. (3212-11/93)
(b) If the private property owner's consent cannot be obtained, or the occurrence of graffiti
vandalism on such property exceeds five (5) instances in one (1) year, the owner shall have
the duty to remove the graffiti vandalism at his/her expense,pursuant to the following
provisions: (3212-11/93)
(1) The Director of Public Works or his/her designee shall cause written notice to be served
upon the owner of the affected premises requiring that the graffiti vandalism located on
the property be painted over or removed within fourteen(14) days. (3212-11/93)
(2) The written notice shall be certified and service shall be complete at the time of deposit in
the U.S. Postal Service. (3212-11/93)
17.10.016 Appeal of the action by the Director of Public Works. (3212-11/93)
(a) If an owner served with written notice by the Director of Public Works or his/her designee
requiring removal of graffiti vandalism from his/her property disagrees with the imposition
11/93
Huntington Beach Municipal Code 17.10.016(a)-17.10.030
of such an obligation on the basis that it is being wrongfully applied, compliance would
result in an undue hardship, or the belief he/she should not be required to conform with
Section 17.10.015(b) due to unique circumstances, may appeal such decision to the Director
of Community Development. The appeal shall be in writing to the Director and shall set
forth the basis of the appeal and be submitted with all supporting documents, if any. (3212-
11/93)
(b) The Director of Community Development, or his/her designee, shall render a decision within
thirty (30) days after receipt of the written appeal. Notification of such a decision shall be
mailed by registered or certified mail to the owner. (3212-11193)
17.10.017 Anneals to the City Administrator. (3212-11/93)
(a) Any owner dissatisfied with the decision of the Director of Community Development may
appeal such decision to the City Administrator. Such an appeal must be filed within fifteen
(15) days after receipt of the written notice of the decision by the Director of Community
Development. The City Administrator, or his/her designee, shall consider the written claim
along with all supporting documents, if any, which were put forth by the applicant to the
Director of Community Development. (3212-11/93)
(b) Within fifteen (15) days after receipt of the Notice of Appeal, the City Administrator or
his/her designee shall render a written decision and mail a copy of such registered or certified
mail to the owner. (3212-11/93)
17.10.018 Appeals to the City Council. (3212-11/93)
- (a) Any owner dissatisfied by the decision of the Director of Public Works and the City
Administrator may request a hearing before the City Council. Such a request must be filed
with the City Clerk's office within fifteen(15) days after receipt of written notice of the
decision by the City Administrator. (3212-11/93)
(b) Within fifteen (15) days of receipt of request for a hearing, the City Administrator, or his/her
designee shall give not less than ten(10) days written notice by certified or registered mail of
the date, time, and place of such a hearing to the applicant. The City Council, on appeal,
shall consider all documents put forth by the applicant to the Director of Public Works and
the City Administrator. (3212-11/93)
The City Council may consider any additional evidence, including points and authorities of law,
it deems necessary in rendering a decision. The decision of the City Council shall be final, and a
notification of such shall be mailed to the owner. (3212-11/93)
17.10.019 Reward. A five hundred dollar(S500) reward shall be granted to anyone who
provides information leading to the identification, apprehension, and conviction of any person
who places graffiti vandalism upon any public or private property in the city. In the event of
damage to public property, the convicted offender shall be liable to the city for any reward paid.
(3212-11/93)
If the convicted offender is an unemancipated minor, his parent(s) or legal guardians shall also be ,
liable for the amount. (3212-11/93)
17.10.020 Declaration of nuisance. It is hereby declared a public nuisance for any landowner
or person leasing, occupying, directly controlling, or having possession of any property in this
city to maintain any condition described in section 17.10.010 of this chapter. (2870-12/86)
17.111.030 Enforcement. Whenever the Director of Community Development finds, upon the
recommendation of a duly authorized representative of the Community Development
11/93 -
17.10.030-17.10.070 Huntington Beach Municipal Code
Department, that a nuisance, as defined by section 17.10.010 of this chapter, exists on any
premises located in the city, he shall advise the property owner of the nuisance and direct him to
abate the nuisance. The property owner shall be notified of the existence of the nuisance in
writing. The notification shall detail the violations and establish a reasonable abatement period
not to exceed ninety (90) days. (2870-12/86)
17.10.040 Voluntary abatement of nuisances. The owner or tenant of any building, structure
or property found to be a nuisance under the provisions of this chapter, may abate the nuisance at
any time within the abatement period by rehabilitation, repair, removal or demolition. The
Community Development Department shall be advised of the abatement and shall inspect the
premises to insure that the nuisance has in fact been abated. (2870-12/86)
17.10.050 Failure to abate a declared nuisance voluntarily. If a nuisance is not properly
abated within the period established under the provisions of section 17.10.030, the City Council
may hold a public hearing to determine if the declared nuisance should be abated under the
police powers of the city. (2870-12/86)
17.10.060 Notice of public hearing. A written notice of public hearing, substantially in the
form contained in section 17.10.070, shall be served on the property owner at least fifteen(15)
days prior to the date set for the City Council public hearing. Service shall be made by personal
service upon the owner or by certified or registered mail to the address shown on the latest
assessor's parcel rolls. If there is no known address for the owner,the notice shall be sent to the
owner, in care of the property address. "Owner," as used herein, shall mean any person(s) shown
as the property owner on the latest equalized property tax assessment rolls, and any person
having, or claiming to have, any legal or equitable interest in or to the fee relating to said
premises. In addition, notice of said hearing shall be published in a newspaper of general
circulation in the city at least ten (10) calendar days before the hearing. The failure of any person
to receive such notice shall not affect the validity of the proceedings. (2870-12/86)
17.10.070 Form of notice of public hearing. Notice substantially in the following form shall
be Qiven as provided in section 17.10.060: (2870-12186)
Zn
"NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN
WHOLE OR IN PART
"Notice is hereby given that the City Council of the City of Huntington Beach will hold a public hearing at the City
Council Chambers, 2000 Main Street,to ascertain whether certain premises situated in the City of Huntington
Beach, State of California, known as and designated as constitute a public nuisance subject to
abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated
thereon. If said premises, in whole or part,are found to constitute a public nuisance as defined by Huntington
Beach Municipal Code section 17.10.010 and if the same are not promptly abated by the owner, such nuisance
may be abated by municipal authority, in which case the cost of such rehabilitation, repair or demolition will be
assessed upon such premises and such cost will constitute a lien upon such land until paid.
"Said violations consist of the following:
"Said methods of abatement available are:
"All persons having any objection to or interest in said matters are hereby notified to attend the hearing before
the City Council to be held on the_—day of , 199_.at the hour of _. m.when their testimony
and evidence will be heard and given due consideration.
"DATED: 199 .
Director of Community Development"
11/93
Huntington Beach Municipal Code 17.10.080--17.10.130(d)
17.10.080 Hearing by the City Council. At the time and place stated in the notice of the public
hearing, the City Council shall hear and consider all relevant evidence, objections or protests,
and shall receive testimony of owners, witnesses, city personnel and interested persons relative to
such alleged public nuisance and to proposed abatement measures. Each party shall be accorded
procedural due process. The hearing may be continued from time to time. (2870-12/86,2897-7/87)
17.10.090 Decision of the City Council. Following the public hearing, the City Council shall
consider all evidence and determine whether the premises, or any part of the premises, constitute
a public nuisance as alleged. If the City Council finds that a public nuisance does exist and that
there is sufficient cause to abate the nuisance,the City Council shall make a written order, setting
forth the findings and ordering the owner or other person having charge or control of the
premises to abate the nuisance by rehabilitation, repair, or demolition in the manner and by the
means specifically set forth in the council order. The order shall set forth the time within which
the work shall be commenced and completed. (2870-12/86)
17.10.100 Service of the abatement order. Within ten (10) days following the City Council
decision,the property owner and/or the person having charge or control of the premises shall be
served with a copy of the written order of the City Council. (2870-12/86)
17.10.110 Abatement by property owner. The property owner or person having charge or
control of the property may at his own expense, abate the nuisance as prescribed by the order of
the City Council prior to the expiration of the abatement period set forth in the order. If the
nuisance has been inspected by a representative of the Department of Community Development
and has been abated in accordance with the order, proceedings shall be terminated. (2870-12/86)
17.10.120 Abatement by City. If a declared nuisance is not completely abated by the owner or
person having charge or control of the property within the time prescribed in the City Council
order,the Director of Community Development is authorized and directed to cause the nuisance
to be abated by city forces or private contract. In furtherance of this section, the Director of
Community Development, or his designated representative, is expressly authorized to enter upon
the premises for the purpose of abating the nuisance. (2870-12/86)
17.10.130 Record of cost of abatement.
(a) The Director of Community Development, or such other city official as may be designated,
shall keep an account of costs (including incidental expenses) of abating such nuisance on
each separate lot or parcel of land where the work is done and shall render an itemized
written report to the City Council showing the cost of abatement and the rehabilitation,
demolishment or repair of said premises, buildings or structures, including any salvage value
relating thereto;provided that before said report is submitted to said City Council, a copy of
the same shall be served on the property owner together with a notice of the time when said
report shall be heard by the City Council for confirmation.
(b) The City Council shall set the matter for hearing to determine the correctness or
reasonableness,or both, of such costs.
(c) Proof of said service shall be made by declaration under penalty of perjury filed with the City
Clerk.
(d) The term "incidental expenses" shall include,but not be limited to,the actual expenses and
costs of the city in the preparation of notices, specifications and contracts, and in inspecting
the work, and the costs of printing and mailing required hereunder. (2870-12/86)
11/93
17.10.140--17.10.150(c) Huntington Beach Municipal Code
17.10.140 Report--Hearing and proceedings. At the time and place fixed for receiving and
considering said report,the City Council shall hear and pass upon the report of such cost of
abatement, together with any objections or protests. Thereupon,the City Council may make
such revision, correction or modification in the report as it may deem just, after which, by
motion, the report as submitted, or as revised, corrected or modified, shall be confirmed. The
decision of the City Council on all protests and objections which may be made shall be final and
conclusive. (2870-12/86)
17.10.150 Assessment of costs against grope , --Lien. The total cost for abating such
nuisance, as confirmed by the City Council, shall constitute a special assessment against the
respective lot or parcel of land to which it relates, and upon recordation in the office of the
county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said
property for the amount of such assessment.
(a) After such confirmation and recordation, a copy may be turned over to the tax collector for
the city, whereupon it shall be the duty of said tax collector to add the amounts of the
respective assessments for municipal purposes to the next regular tax bill levied against said
respective lots and parcels of land, and thereafter said amounts shall be collected at the same
time and in the same manner as ordinary municipal taxes are collected, and shall be subject to
the same penalties and the same procedures under foreclosure and sale, in case of
delinquency as provided for ordinary municipal taxes; or
(b) After such recordation, such lien may be foreclosed by judicial or other sale in the manner
and means provided by law.
(c) Such notice of lien for recordation shall be in form substantially as follows: (2870-12/86)
"NOTICE OF LIEN
(Claim of City of Huntington Beach)
'Pursuant to the authority vested by the provisions of section 17.10.120 of the Huntington Beach
Municipal Code, the Director of Community Development of the city of Huntington Beach did on or
about the day of _, 199 cause the premises hereinafter described to be rehabilitated or the
building or structure on the property hereinafter described, to be repaired or demolished in order to
abate a public nuisance on said real property; and the City Council of the city of Huntington Beach did
on the day of , 199_ assess the cost of such rehabilitation, repair, or demolition upon the real
property hereinafter described; and the same has not been paid nor any part thereof; and said city of
Huntington Beach does hereby claim a lien on such rehabilitation, repair or demolition in the amount of
said assessment, to wit: the sum of$ ; and the same shall be a lien upon said real property until
the same has been paid in full and discharged of record.
'The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of
land lying and being in the city of Huntington Beach, county of Orange, state of California, and
particularly described as follows:
(Description)
"DATED: This day of__, 199_.
City Administrator of
the City of Huntington Beach
(ACKNOWLEDGMENT)"
11/93
Huntington Beach Municipal Code 17.10.140--17.10.170
17.10.160 Violations.
(a) The owner or other person having charge or control of any such buildings or premises who
maintains any public nuisance defined in this chapter, or who violates any order of abatement
served as provided in section 17.10.100, is guilty of a MISDEMEANOR.
(b) Any occupant or lessee in possession of any such building or structure who fails to vacate
said building or structure in accordance with an order given as provided in this chapter is
guilty of a MISDEMEANOR.
(c) Any person who removes any notice or order posted as required in this chapter, for the
purpose of interfering with the enforcement of the provisions of this chapter, is guilty of a
MISDEMEANOR.
(d) Any person who obstructs, impedes or interferes with any representative of the City Council
or with any representative of a city department or with any person who owns or holds any
estate or interest in a building which has been ordered to be vacated, repaired,rehabilitated,
or demolished or with any person to whom any such building has been lawfully sold pursuant
to the provisions of this chapter when any of the aforementioned individuals are lawfully
engaged in proceedings involving the abatement of a nuisance is guilty of a
MISDEMEANOR.
(2870-12/86)
17.10.170 Alternatives. Nothing in the foregoing sections shall prevent the City Attorney from
commencing a civil or criminal proceeding to abate a public nuisance under applicable
provisions of the California Civil Code or Penal Code as an alternative to the proceedings set
forth herein. (2870-12/86,2897-7/87)
11/93
e
HUNTINGTON BEACH
MUNICIPAL CODE_- UPDATES
(Effective 3/4/98)
Please Remove from Code Please Add to Code
Chapter 9.08 Chapter 9.08
Chapter 10.12 Chapter 10.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
980304
e
Huntington Beach Municipal Code 9.08.010--9.08.060
Chapter 9.08
SMOKING PROHIBITED
(2819-3/86, 3202-9/93, 3385-3/98)
Sections:
9.08.010 Purpose and findings
9.08.020 (Repealed--Ordinance No. 3385-3/98)
9.08.030 Elevators--Smoking prohibited
9.08.040 Hospitals and health care facilities--Smoking prohibited
9.08.050 Meeting rooms--Smoking prohibited
9.08.060 Theaters and auditoriums--Smoking prohibited
9.08.070 (Repealed--Ordinance No. 3385-3/98)
9.08.080 Eating establishments--Smoking prohibited
9.08.090 Employer compliance
9.08.100 (Repealed--Ordinance No. 3385-3/98)
9.08.110 (Repealed--Ordinance No. 3385-3/98)
9.08.120 (Repealed--Ordinance No. 3385-3/98)
9.08,130 Prohibitions
9:08.140 Violation--Penalty
9.08.150 (Repealed--Ordinance No. 3385-3/98)
9.08.160 (Repealed--Ordinance No. 3385-3/98)
9.08.010 Purpose and findings. (2819-3/86) The City Council finds there is ample evidence that
smoking tobacco in any form is a real danger to the general health and an irritation,
inconvenience, and discomfort to persons in enclosed areas. In order to serve the public health,
safety and welfare, the declared purpose of this chapter is to promote a policy of nonsmoking and
to regulate smoking in any building or establishment frequented by the public, to the extent
allowed by state law. (2819-3/86, 3385-3/98)
9.08.040 Hospitals and health care facilities--Smoking prohibited. (2819-3/86) This section
will become effective only upon 1) the repeal or invalidation of California Labor Code section
6404.5; or 2) legislative modification to California Labor Code section 6404.5 such that local
agencies may regulate.smoking in places of employment. (3385-3/98)
(a) No person shall smoke in any area, except those designated and posted for such purpose, of
any hospital and health care facility, as defined in California Health and Safety Code section
1250. (2819-3/86)
(b) Every publicly or privately-owned hospital and health care facility shall assign patients rooms
or wards, according to individual preference, and no nonsmoking patient shall be placed in a
room or ward which has been designated for patients who smoke. (2819-3/86)
9.08.050 Meeting rooms--Smoking prohibited. (2819-3/86) This section will become effective
only upon 1) the repeal or invalidation of California Labor Code section 6404.5; or 2)
legislative modification to California Labor Code section 6404.5 such that local agencies may
regulate smoking in places of employment. (3385-3/98)
No person shall smoke in any hearing room, conference room, chamber or any place where public
business is conducted, and to which members of the public are admitted, whether as participants
or observers. (2819-3/86)
9.08.060 Theaters and auditoriums--Smoking prohibited. (2819-3/86) This section will
become effective only upon 1) the repeal or invalidation of California Labor Code section
6404.5; or 2) legislative modification to California Labor Code section 6404.5 such that local
agencies may regulate smoking in places of employment. (3385-3/98)
3/98
9.08.060--9.08.090(c) Huntington Beach Municipal Code
No person shall smoke in any publicly or privately-owned theater, auditorium or similar facility,
designed and used for motion picture shows and stage productions, including but not restricted to
musicals, concerts, recitals, operas, and sporting events, except the lobby, and business or work
areas barred to the public. Every person who owns, manages, or has control of a theater,
auditorium, or facility used for the purposes stated herein, shall post signs conspicuously in the
lobby informing the public that smoking is not permitted inside such theater, auditorium, or
facility. In the case of motion picture theaters, such information shall be displayed on the screen
for not less than five (5) seconds before the beginning of the feature film. (2819-3/86)
9.08.080 Eating establishments--Smoking prohibited. (2819-3/86, 3202-9/93) This section will
become effective only upon 1) the repeal or invalidation of California Labor Code section
6404.5; or 2) legislative modification to California Labor Code section 6404.5 such that local
agencies may regulate smoking in places of employment. (3385-3/98)
(a) Any person owning, managing, operating or having control of an eating establishment or
restaurant which has an approved occupant load of twenty-five (25) persons or more shall
provide and maintain a nonsmoking section of not less than seventy-five percent (75%) of the
enclosed area for seating patrons which is not part of a patio, outdoor eating area, or that
portion of the premises used primarily for the sale of alcoholic beverages. The requirements
of this section shall not apply to any room or rooms in a restaurant or eating establishment
which may be reserved for private functions. The nonsmoking section referred to herein shall
be increased to one hundred percent (100%) of the aforesaid enclosed area on January 1,
1995. (2819-3/86, 3202-9/93)
(b) Any person owning, managing, operating, or having control of an eating establishment or
restaurant which has an approved occupant load of twenty-four(24) persons or less shall
provide and maintain a nonsmoking section of not less than one hundred percent (100%) of
the enclosed area for seating patrons which is not part of a patio, outdoor eating area, or that
portion of the premises used primarily for the sale of alcoholic beverages. The requirements
of this section shall not apply to any room or rooms in a restaurant or eating establishment
which may be reserved for private functions. (3202-9/93)
9.08.090 Employer compliance. (2819-3/86) This section will become effective only upon 1) the
repeal or invalidation of California Labor Code section 6404.5; or 2) legislative modification to
California Labor Code section 6404.5 such that local agencies may regulate smoking in places
of employment. (3385-3/98)
As evidence of good faith compliance, an employer with four (4) or more employees, shall meet
the following criteria: (2819-3/86)
(a) Within 120 days after the effective date of this chapter, an employer shall adopt, implement
and maintain a no smoking policy, containing a definition of"immediate work area," which
insofar as practicable, shall make reasonable provisions for nonsmokers and smokers. Such
policy shall be posted in appropriate locations throughout the work place, and copies thereof
furnished to all employees. (2819-3/86)
(b) An employee may request, based on the employer's policy, that his or her immediate work
area be designated nonsmoking. Nonsmokers shall be given preference, and may lodge a
complaint with the employer with respect to pollution by tobacco smoke of his or her
immediate work area. The employer shall, using existing ventilation, walls, temporary
separations and partitions, make every effort to resolve any problem between nonsmoking and
smoking employees. (2819-3/86)
(c) If an employer finds that the floor plan for a business does not provide sufficient relief for
nonsmoking employees, he may, when practicable, reassign such nonsmokers to other
locations, enlarge the area in which smoking is prohibited, or take any other reasonable
measure to eliminate or reduce the effect of tobacco smoke on nonsmokers. (2819-3186)
3/98
Huntington Beach Municipal Code 9.08.130--9.08.140(d)
9.08.130 Prohibitions. (2819-3/86) This section will become effective only upon 1) the repeal or
invalidation of California Labor Code section 6404.5; or 2) legislative modification to
California Labor Code section 6404.5 such that local agencies may regulate smoking in places
of employment. (3385-3/98)
(a) No employer, owner, operator, manager, or person in charge or control of any place of
business, hospital or health care facility, or theater or place of entertainment shall fail to
establish and post a written smoking policy on the premises, or fail to place conspicuous "no
smoking" signs in appropriate areas, and insofar as practicable, shall fail to comply with the
requirements of this chapter. (2819-3/86)
(b) It shall be unlawful for any person willfully to destroy or mutilate any sign which prohibits
smoking. (2819-3/86)
(c) It shall be unlawful for any person to smoke in any posted nonsmoking area. (2819-3/86)
9.08.140 Violation--Penalty. (2819-3/86) This section will become effective only upon 1) the
repeal or invalidation of California Labor Code section 6404.5; or 2) legislative modification to
California Labor Code section 6404.5 such that local agencies may regulate smoking in places
of employment. (3385-3/98)
Any person who violates or willfully fails to comply with any provision of this chapter shall be
guilty of an INFRACTION, and upon conviction thereof shall be subject to the following:
(2819-3/86)
(a) For the first offense, a fine not to exceed fifty dollars ($50); (2819-3/86)
(b) For the second offense, occurring ninety (90) days after the first offense, a fine not to exceed
one hundred dollars ($100); (2819-3/86)
(c) For the third offense, occurring ninety (90) days after the second offense, a fine not to exceed
one hundred dollars ($100); (2819-3/86)
(d) Thereafter a fine not to exceed two hundred fifty dollars ($250) shall be paid each day, or
portion thereof, during which an offense occurs. (2819-3/86)
3/98
Huntington Beach Municipal Code 10.12.010--10.12.040
Chapter 10.12
SPEED LIMITS
(1935-11/74, 1947-12/74,1997-9/75,2066-7/76,2316-10/78,2325-11/78,2358-5/79,2388-9179,2421-5/80,
Urg Ord 2422-3/80,2432-6/80,2527-2/82,2624-7/83,2654-11/83,2670-11/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,
3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3328-6/96,3380-12/97,3383-3/98)
Sections:
10.12.010 Twenty-five m.p.h. prima facie speed limit
10.12.020 Thirty m.p.h. prima facie speed limit
10.12.030 Thirty-five m.p.h. prima facie speed limit
10.12.040 Forty m.p.h. prima facie speed limit
10.12.050 Forty-five m.p.h. prima facie speed limit
10.12.060 Fifty m.p.h. prima facie speed limit
10.12.065 Fifty-five m.p.h. prima facie speed limit
10.12.070 Speed limits on state highways
10.12.080 Speed limits enumerated
10.12.010 Twenty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets and that the prima facie limit of speed on a portion of the following streets as listed in
Section 10.12.080 shall be and is twenty-five (25) miles per hour. (1935-11/74, 1947-12/74,2066-7/76,
2421-5/80,2883-12/86,3133-8/92,3272-1/95,3380-12/97)
10.12.020 Thirty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of thirty (30) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is thirty (30) miles per hour. (1935-11/74, 1947-12/74,1997-9/75,2066-7/76,2388-9179,2432-6/80,2527-2/82,
3133-8/92,3230-4/94,3272-1/95,3380-12/97)
10.12.030 Thirty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of thirty-five (35)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is thirty-five (35) miles per hour. (1935-11/74, 1947-12/74,2358-5/79,Urg
Ord 2422-3/80,2527-2/82,2654-11/83,2670-11/83,2715-9/84,2878-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12/97)
10.12.040 Forty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of forty (40) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is forty (40) miles per hour. (1935-11/74,1947-12/74, 1997-9/75,2066-7/76,2316-10/78,2358-5/79,2421-5/80,
2432-6/80,2527-2/82,2624-7/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,3230-4/94,3272-1/95,3380-12/97)
3/98
10.12.050--10.12.080 Huntington Beach Municipal Code
10.12.050 Forty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis
of an engineering and traffic survey of the portions of streets hereinafter set forth, the City
Council determines and declares that a speed greater than the prima facie speed limit of
twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon said streets; that a prima facie speed limit of forty-five (45)
miles per hour is the most appropriate to facilitate the orderly movement of traffic and is
reasonable and safe; and that the prima facie limit of speed on a portion of the said streets as listed
in Section 10.12.080 shall be and is forty-five (45) miles per hour. (1935-11/74,1947-12/74,2358-5/79,
2388-9/79,Urg Ord 2422-3/80,3133-8/92,3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3380-12/97)
10.12.060 Fifty m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of an
engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty(50) miles per hour is the most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the
prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty (50) miles per hour. (1935-11/74,1947-12774,3133-8/92,Urg.3204-7/93,3230-4/94,3380-12/97)
10.12.065 Fifty-five m.p.h. prima facie speed limit. Unless stated otherwise, upon the basis of
an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council
determines and declares that a speed greater than the prima facie speed limit of twenty-five (25)
miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable
and safe upon said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the
most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that
the prima facie limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be
and is fifty-five (55) miles per hour. (3133-8/92,3230-4/94,3380-12/97)
10.12.070 Speed limits on state highways. The State of California has established that orderly
movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets
and that the prima facie limit of speed on a portion of the following streets shall be and is as listed
in Section 10.12.080. (3133-8/92)
10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up
(North) and to the right (East). An asterisk (*) denotes speed limit not set by survey. (3133-8/92,
3230-4/94,3328-6/96,3380-12/97,3383-3/98)
(REST OF PAGE INTENTIONALLY LEFT BLANK)
3/98
10.12.080 Huntin ton Beach Municipal Code
STREET BETWEEN SPEED
1st PCH Atlanta 35
Adams 17th Main Street 25
Main Street Lake Street 25
Lake Street Delaware 40
Delaware Beach 40
Beach Newland 45
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Santa Ana River 45
Al on uin Warner Heil 40
AMosy Bolsa Chica Graham 40
Atlanta 1st Delaware 30
Delaware Beach 35
Beach Newland 40
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Banning Magnolia Bushard 40
Bushard Brookhurst 40
Beach Pacific Coast Hwy 1320'N/O Ellis 50
(State Route 39) Postmile 0.0 Postmile 3.25
1320'N/O Ellis North City Limit 45
Postmile 3.25
Bolsa Bolsa Chica Graham 50
Graham Springdale 50
Springdale Edwards 45
Edwards Goldenwest 40
Bolsa Chica South City Limit Warner 30
Warner Heil 45
Heil Edinger 45
Edinger McFadden 50
McFadden Bolsa 50
Bolsa Rancho 50
Brookhurst PCH Bushard 45*
Bushard Banning 45*
Banning Hamilton 45*
Hamilton Atlanta 45*
Atlanta Indianapolis 45*
Indianapolis Adams 45*
Adams Yorktown 45*
Yorktown Garfield 45*
Bushard Brookhurst Banning 45*
Banning Hamilton 45*
Hamilton Atlanta 45*
Atlanta Indianapolis 45*
Indianapolis Adams 45*
Adams Yorktown 45*
Yorktown Garfield 45*
3/98
d
10.12.080 Huntin ton Beach Municipal Code
STREET BETWEEN SPEED
Center Gothard Huntington Village Ln 30
Huntington Village Ln One Pacific Plaza 30
One Pacific Plaza I-405 Fwy 30
Channel A iralty Gilbert 30
Clay Main Delaware 35
Delaware Beach 30
Countess Portofino Edin er 30
Davenport Baruna Edgewater 25
Ed ewater Al on uin 35
Delaware Atlanta Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
Yorktown Garfield 35
Garfield Main 35
Main Ellis 35
Edinger West City Limit Saybrook 50
Saybrook Bolsa Chica 50
Bolsa Chica Graham 45
Graham S rin dale 45
Springdale Edwards 45
Edwards Goldenwest 40
Goldenwest Gothard 40 �\
Gothard Beach 35
Beach Newland 40
Edwards Garfield Ellis 50
Ellis Varsity 45
Varsity Slater 50
Slater Warner 45
Warner Heil 40
Heil Edinger 40
Edinger McFadden 45
McFadden Bolsa 45
Bolsa North Ci Limit 45
Ellis Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Delaware 40
Delaware Beach 35
Beach Newland 40
Florida Garfield Main 25
Garfield Sea point Edwards 45
Edwards Goldenwest 45
Goldenwest Main Street 40
Main Street Beach 35
Beach Newland 40
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Ward 45
12/97
Huntington Beach Municipal Code 10.12.080
STREET BETWEEN SPEED
Goldenwest PCH Palm 50
Palm Yorktown 50
Yorktown Garfield 50
Garfield Ellis 50
Ellis Talbert 50
Talbert Slater 50
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
Gothard Garfield Ellis 40
Ellis Talbert 40
Talbert Slater 35
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger Center 40
Center McFadden 40
Graham South City Limit Slater 35
Slater Warner 40
Warner Heil 35
Heil Edinger 40
Edinger McFadden 45
McFadden Bolsa 45
Hamilton Newland Magnolia 40
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst East Citx Limit 45
Heil Saybrook Bolsa Chica 35
Bolsa Chica Graham 35*
Graham Springdale 35*
Springdale Edwards 35*
Edwards Goldenwest 35*
Goldenwest Gothard 35*
Gothard Beach 35*
Beach Newland 35*
Huntington PCH Atlanta 35
Atlanta Yorktown 30
Yorktown Ta for 25
Indianapolis Beach Newland 30*
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
----------------------------------------------------------
Lake Orange Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
3/98
3
10.12.080 Huntin ton Beach Munici al Code
STREET BETWEEN SPEED
Los Patos Warner Bolsa Chica 35
Magnolia PCH Banning 40
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Warner I-405 (San Diego F 45
Main Street PCH Adams 25
Adams Yorktown 35
Yorktown Garfield 40
Garfield Delaware 40
Delaware Ellis/Beach 35
McFadden Bolsa Chica Graham 25
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard East QIX Limit 40
Newland PCH Hamilton 35
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 50
Yorktown Garfield 50
Garfield Ellis 50
Ellis Talbert 50
Talbert Slater 50
Slater Warner 45
Warner Heil 45
Heil Edin er 45
Orange Main Fifth 5th 25
5th Ninth 9th 30
9th 17th 30
17th Goldenwest 40
PCH South City Limit Brookhurst 55
(State Route 1) Brookhurst Magnolia 55
Magnolia Newland 55
Newland 900' S/O Beach 55
900' S/O Beach Huntington 45
Huntington 800'N/O Huntington 45
800'N/O Huntington Main 35
Main 160' S/O 12th 35
160' S/O 12th 17th 45
17th 150' S/O 20th 45
150' S/O 20th 20th 50 j
20th Goldenwest 50
3/98
V Huntington Beach Munici al Code 10.12.080
STREET BETWEEN SPEED
PCH Goldenwest 6200'N/O Goldenwest 50
(Continued) 6200'N/O Goldenwest 800' S/O Warner 55
800' S/O Warner North Cit Limits 40
Palm Main 17th 35
17th Goldenwest 35
Goldenwest Sea oint 45*
Parkside Holt Edin er 30
Rancho Bolsa Chica North/East Ux Limits 40
Saybrook Davenport Heil 25
Heil Edin er 45
17th PCH Orange 35
Orange Palm 35
Palm Main 35
Huntin on Florida 35
Seapoint PCH Palm 40
Palm Garfield 45
Sher Juliette Low Edin er 35
Slater Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Beach 40
Beach Newland 40
Springdale South City Limit Talbert 45
Talbert Slater 40
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 50
Bolsa North Citx Limit 50
Talbert West City Limit Edwards 40
Goldenwest Gothard 40
Gothard Beach 40
Beach Newland 45
Ward Yorktown Garfield 45
Warner PCH Algonquin 50
Algonquin Bolsa Chica 50
Bolsa Chica Graham 50
Graham Springdale 50
Springdale Edwards 50
Edwards Goldenwest 50
Goldenwest Gothard 45
Gothard Nichols 40
Nichols Ash 45
Ash Beach 45
Beach Newland 45
Newland Ma nolia 45
12/97
10.12.080 Huntin ton Beach Municipal Code
STREET BETWEEN SPEED
Yorktown Goldenwest Main Street 30
Main Street Lake Street 30
Lake Street Beach 30
Beach Newland 35
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 45
Brookhurst Ward 45
12/97
Huntington Beach Municipal Code 9.08.010--9.08.030
Chapter 9.08
SMOKING PROHIBITED
(2819-3/86,3202-9/93)
Sections:
9.08.010 Purpose and fmdings
9.08.020 Definitions
9.08.030 Elevators--Smoking prohibited
9.08.040 Hospitals and health care facilities--Smoking prohibited
9.08.050 Meeting rooms--Smoking prohibited
9.08.060 Theaters and auditoriums--Smoking prohibited
9.08.070 Public restrooms--Smoking prohibited
9.08.080 Eating establishments--Smoking prohibited
9.08.090 Employer compliance
9.08.100 Exceptions
9.08.110 Sign requirement
9.08.120 Structural modification not required
9.08.130 Prohibitions
9.08.140 Violation--Penalty
9.08.150 Public nuisance--Civil remedy
9.08.160 Tobacco vending machines prohibited
9.08.010 Purpose and findings. The City Council finds there is ample evidence that smoking
tobacco in any form is a real danger to the general health and an irritation, inconvenience, and
discomfort to persons in enclosed areas. In order to serve the public health, safety and welfare,
the declared purpose of this chapter is to promote a policy of nonsmoking and to regulate
smoking in any building or establishment frequented by the public or where numerous persons
are employed. (2819-3/86)
9.08.020 Definitions. Words and phrases used in this chapter shall have the following meanings
unless from the context a different meaning is apparent: (2819-3/86)
(a) "Employee" shall mean any person who performs a service under any appointment or
contract of hire or apprenticeship, express or implied, oral or written excepting persons
excluded by California Labor Code section 3352. (2819-3/86)
(b) "Employer" shall mean any person,partnership, or corporation (including private, nonprofit
and governmental)having not fewer than four persons performing services and receiving
compensation therefor. (2819-3/86)
(c) "Places of employment" shall mean any building, structure, or portion thereof, under the
control of a private or public employer,where employees are present to perform a service,
and members of the public may come to be served. (2819-3/86)
(d) "Smoking" shall mean and include inhaling, exhaling, burning, or carrying any lighted
smoking equipment for tobacco, or any other noxious weed or plant. (2819-3/86)
9.08.030 Elevators--Smoking prohibited. No person shall smoke in any elevator in any
building open to the public including,but not restricted to,elevators in office,hotel, and
multifamily buildings. (2819-3/86)
9/93
9.08.030-9.08.090(a) Huntington Beach Municipal Code
9.08.040 Hospitals and health care facilities--Smoking prohibited. (2819-3/86)
(a) No person shall smoke in any area, except those designated and posted for such purpose, of
any hospital and health care facility, as defined in California Health and Safe, Code section
1250. (2819-3/86)
(b) Every publicly or privately-owned hospital and health care facility shall assign patients
rooms or wards, according to individual preference,and no nonsmoking patient shall be
placed in a room or ward which has been designated for patients who smoke. (2819-3/86)
9.08.050 Meeting rooms--Smoking prohibited. No person shall smoke in any hearing room,
conference room, chamber or any place where public business is conducted, and to which
members of the public are admitted, whether as participants or observers. (2819-3/86)
9.08.060 Theaters and auditoriums--Smoking prohibited. No person shall smoke in any
publicly or privately-owned theater, auditorium or similar facility, designed and used for motion
picture shows and stage productions, including but not restricted to musicals, concerts, recitals,
operas, and sporting events, except the lobby, and business or work areas barred to the public.
Every person who owns, manages, or has control of a theater, auditorium, or facility used for the
purposes stated herein, shall post signs conspicuously in the lobby informing the public that
smoking is not permitted inside such theater, auditorium, or facility. In the case of motion
picture theaters, such information shall be displayed on the screen for not less than five (5)
seconds before the beginning of the feature film. (2819-3/86)
9.08.070 Public restrooms--Smoking prohibited. No person shall smoke in any public
restroom. (2819-3/86)
9.08.080 Eating establishments--Smoking prohibited. (2819-3/86, 3202-9/93)
(a) Any person owning, managing, operating or having control of an eating establishment or
restaurant which has an approved occupant load of twenty-five (25)persons or more shall
provide and maintain a nonsmoking section of not less than seventy-five percent(75%) of the
enclosed area for seating patrons which is not part of a patio, outdoor eating area, or that
portion of the premises used primarily for the sale of alcoholic beverages. The requirements
of this section shall not apply to any room or rooms in a restaurant or eating establishment
which may be reserved for private functions. The nonsmoking section referred to herein shall
be increased to one hundred percent(100%) of the aforesaid enclosed area on January 1,
1995. (2819-3/86,3202-9/93)
(b) Any person owning, managing, operating, or having control of an eating establishment or
restaurant which has an approved occupant load of twenty-four(24)persons or less shall
provide and maintain a nonsmoking section of not less than one hundred percent(100%) of
the.enclosed area for seating patrons which is not part of a patio, outdoor eating area, or that
portion of the premises used primarily for the sale of alcoholic beverages. The requirements
of this section shall not apply to any room or rooms in a restaurant or eating establishment
which may be reserved for private functions. (3202-9/93)
9.08.090 Employer compliance. As evidence of good faith compliance, an employer with four
(4) or more employees, shall meet the following criteria: (2819-3/86)
(a) Within 120 days after the effective date of this chapter, an employer shall adopt, implement
and maintain a no smoking policy, containing a definition of"immediate work area," which
insofar as practicable, shall make reasonable provisions for nonsmokers and smokers. Such
policy shall be posted in appropriate locations throughout the work place, and copies thereof
furnished to all employees. (2819-3/86)
9/93
Huntington Beach Municipal Code 9.08.090(b)--9.08.140(b)
(b) An employee may request, based on the employer's policy,that his or her immediate work
area be designated nonsmoking. Nonsmokers shall be given preference, and may lodge a
complaint with the employer with respect to pollution by tobacco smoke of his or her
immediate work area. The employer shall,using existing ventilation, walls, temporary
separations and partitions, make every effort to resolve any problem between nonsmoking
and smoking employees. (2819-3/86)
(c) If an employer finds that the floor plan for a business does not provide sufficient relief for
nonsmoking employees, he may, when practicable, reassign such nonsmokers to other
locations, enlarge the area in which smoking is prohibited, or take any other reasonable
measure to eliminate or reduce the effect of tobacco smoke on nonsmokers. (2819-3/86)
9.08.100 Exceptions. The provisions of this chapter shall not apply to any business conducted
from a private home, or any private work area occupied exclusively by persons who smoke,
except where smoking has been prohibited by the fire marshal pursuant to statute, ordinance or
other regulations. (2819-3186).
9.08.110 Sign requirement. Whenever, under the provisions of this chapter, the posting of a
sign is required, the owner, manager or other person in charge or control of a building, room, or
other place where smoking is prohibited, shall place or cause to be placed conspicuous "NO
SMOKING" signs with capital letters not less than one inch in height on a contrasting
background. (2819-3/86)
9.08.120 Structural modification not required. (2819-3/86)
(a) All employers shall to the extent possible provide no-smoking areas for nonsmoking
personnel,but shall not be required to incur any expense to make alterations or modifications
to an existing structure. (2819-3/86)
(b) No owner, operator, or manager of any theater, hospital, health care facility, business,
building, or structure shall be required to incur any expense to alter or modify an existing
area or work place for the benefit of nonsmokers. (2819-3/86)
9.08.130 Prohibitions. (2819-3/86)
(a) No employer, owner, operator, manager, or person in charge or control of any place of
business,hospital or health care facility, or theater or place of entertainment shall fail to
establish and post a written smoking policy on the premises, or fail to place conspicuous "no
smoking" signs in appropriate areas, and insofar as practicable, shall fail to comply with the
requirements of this chapter. (2819-3/86)
(b) It shall be unlawful for any person willfully to destroy or mutilate any sign which prohibits
smoking. (2819-3/86)
(c) It shall be unlawful for any person to smoke in any posted nonsmoking area. (2819-3/86)
9.08.140 Violation--Penalty. Any person who violates or willfully fails to comply with any
provision of this chapter shall be guilty of an INFRACTION, and upon conviction thereof shall
be subject to the following: (2819-3/86)
(a) For the first offense, a fine not to exceed fifty dollars ($50); (2819-3/86)
(b) For the second offense, occurring ninety (90) days after the first offense,a fine not to exceed
one hundred dollars ($100); (2819-3/86)
9/93
9.08.140(c)-9.08.160 Huntington Beach Municipal Code
(c) For the third offense, occurring ninety (90) days after the second offense, a fine not to exceed
one hundred dollars ($100); (2819-3/86) �.
(d) Thereafter a fine not to exceed two hundred fifty dollars($250) shall be paid each day, or
portion thereof, during which an offense occurs. (2819-3/86)
9.08.150 Public nuisance--Civil remedy. Any violation of the provisions of this chapter may
be declared a public nuisance hereunder, and the City Attorney may proceed to abate the same by
filing a civil action in a court of competent jurisdiction. (2819-3/86)
9.08.160 Tobacco vending machines prohibited. No cigarette or other tobacco product may
be sold, offered for sale, or distributed by or from a vending machine or other applicance, or any
other device designated or used for vending purposes. (3202-9/93)
i
9/93
Huntington Beach Municipal Code 10.12.010-10.12.040
Chapter 10.12
SPEED LIMITS
(1935-1174,1947-12174,1997-9/75,2066-7176,2316-10/78,2325-11/78,2358-5/79,2388-9179,2421-5/80,
Urg Ord 2422-3/80,2432-6/80,2527-2/82,2624-7/83,2654-11/83,2670-11/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,
3187-3/93,3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95,3328-6/96)
Sections:
10.12.010 Twenty-five m.p.h. prima facie speed limit
10.12.020 Thirty m.p.h. prima facie speed limit
10.12.030 Thirty-five m.p.h. prima facie speed limit
10.12.040 Forty m.p.h. prima facie speed limit
10.12.050 Forty-five m.p.h. prima facie speed limit
10.12.060 Fifty m.p.h. prima facie speed limit
10.12.065 Fifty-five m.p.h. prima facie speed limit
10.12.070 Speed limits on state highways
10.12.080 Speed limits enumerated
10.12.010 Twenty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of the streets hereinafter set forth, the City Council determines and
declares that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the
orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that
the prima facie limit of speed on a portion of the following streets as listed in Section 10.12.080
shall be and is twenty-five(25) miles per hour. (1935-11/74,1947-12/74,2066-7776,2421-5/80,2883-12/86,
3133-8/92,3272-1/95)
10.12.020 Thirty m.p.h.prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets; that a prima facie speed limit of thirty(30) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is thirty(30)
miles per hour (1935-11/74,1947-12/74,1997-9/75,2066-7/76,2388-9l79,2432-6/80,2527-2/82,3133-8/92,3230-4/94,
3272-1/95)
10.12.030 Thirty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of the streets hereinafter set forth, the City Council determines and
declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets; that a prima facie speed limit of thirty-five (35)miles per hour is the most appropriate
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is
thirty-five (35) miles per hour. (1935-11/74,1947-12/74,2358-5/79,Urg Ord 2422-3/80,2527-2/82,2654-11/83,
2670-11/83,2715-9/84,2878-12/86,3133-8/92,3230-4/94,3272-1/95)
10.12.040 Forty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets; that a prima facie speed limit of forty(40) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is forty (40)
miles per hour. (1935-11/74, 1947-12/-74,1997-9/75,2066-7/76,2316-10l78,2358-5/79,2421-5/80,2432-6180,2527-2/82,
2624-7/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,3230-4/94,3272-1/95)
6/96
10.12.050--10.12.080 Huntington Beach Municipal Code
10.12.050 Forty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and n
traffic survey of the portions of streets hereinafter set forth, the City Council determines and
declares that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets; that a prima facie speed limit of forty-five (45) miles per hour is the most appropriate
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is
forty-five (45) miles per hour. (1935-11n4,1947-12 74,2358-5/79,2388-9/79,Urg Ord 2422-3/80,3133-8/92,3187-3/93,
3188-3/93,Urg.3204-7/93,3230-4/94,3272-1/95)
10.12.060 Fifty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater that the prima facie speed limit of twenty-five(25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets; that a prima facie speed limit of fifty(50) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is fifty (50)
miles per hour. (1935-11/74,1947-12/74,3133-8/92,Urg.3204-7/93,3230-4/94)
10.12.065 Fifty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of streets hereinafter set forth, the City Council determines and
declares that a speed greater than the prima facie speed limit of twenty-five (25)miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the most appropriate
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is
fifty-five (55) miles per hour. (3133-8/92,3230-4/94)
10.12.070 Speed limits on state highways. The State of California has established that orderly
movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets
and that the prima facie limit of speed on a portion of the following streets shall be and is as listed
in Section 10.12.080. (3133-8/92)
10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up
(North) and to the right (East). (3133-8/92,3230-4/94,3328-6/96)
(REST OF PAGE NOT USED)
1
6/96
10.12.080 Huntin ton Beach Municipal Code
STREET BETWEEN SPEED
1st PCH Atlanta 35
Adams 17th Main Street 25
Main Street Lake Street 25
Lake Street Delaware 40
Delaware Beach 40
Beach Newland 45
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Santa Ana River 45
Al on uin Warner Heil 40
AE&osX Bolsa Chica Graham 40
Atlanta Lake Delaware 35
Delaware Beach 45
Beach Newland 45
Atlanta Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Banning Magnolia Bushard 40
Bushard Brookhurst 40
Beach Pacific Coast Hwy 1320' N/O Ellis 50
(State Route 39) Postmile 0.0 Postmile 3.25
1320' N/O Ellis North City Limit 45
Postmile 3.25
Bolsa Bolsa Chica Graham 50
Graham Springdale 50
Springdale Edwards 50
Edwards Goldenwest 45
Bolsa Chica South City Limit Warner 30
Warner Heil 50
Heil Edinger 50
Edinger McFadden 50
McFadden Bolsa 50
Bolsa Rancho 50
Brookhurst PCH Bushard 45
Bushard Banning 45
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Bushard Brookhurst Banning 45
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
6/96
10.12.080 Huntin ton Beach Municipal Code
STREET BETWEEN SPEED
Center Gothard Huntington Village Ln 30 ;
Huntington Village Ln One Pacific Plaza 30
One Pacific Plaza I-405 F= 30
Channel Admiral Gilbert 30
Clay Main Delaware 35
Delaware Beach 30
Countess Portofino Edin er 30
Davenport Baruna Edgewater 25
Edgewater Al on uin 35
Delaware Atlanta. Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
Yorktown Garfield 35
Garfield Main 35
Main Ellis 35
Edinger West City Limit Saybrook 50
Saybrook Bolsa Chica 50
Bolsa Chica Graham 45
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Golden West Gothard 45
Gothard Beach 40
Beach Newland 45
Edwards Garfield Ellis 40
Ellis Varsity 40
Varsity Slater 40
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger McFadden 45
McFadden Bolsa 45
Bolsa North Ci Limit 45
Ellis Edwards Goldenwest 45
Goldenwest Gothard 40
Gothard Delaware 40
Delaware Beach 35
Beach Newland 40
Florida Garfield Main 25
Garfield Sea point Edwards 45
Edwards Goldenwest 45
Goldenwest Main Street 40
Main Street Beach 40
Beach Newland 45
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45 J
Brookhurst Ward 45
6/96
-Huntington Beach Munici al Code 10.12.080
STREET BETWEEN SPEED
Goldenwest PCH Palm 45
Palm Yorktown 45
Yorktown Garfield 40
Garfield Ellis 45
Ellis Talbert 40
Talbert Slater 45
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
Gothard Main Street Ellis 40
Ellis Talbert 40
Talbert Slater 35
Slater Warner 35
Warner Heil 45
Heil Edinger 45
Edinger Center 40
Center McFadden 40
Graham South City Limit Slater 40
Slater Warner 40
Warner Heil 35
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
Hamilton Newland Magnolia 40
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst East City Limit 45
Heil Saybrook Algonquin 40
Algonquin Bolsa Chica 40
Bolsa Chica Graham 45
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Beach 40
Beach Newland 40
Newland E. Ci Limit 35
Huntington PCH Atlanta 35
Atlanta Yorktown 30
Yorktown Ta for 25
Indianapolis Beach Newland 30
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Lake Orange Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
siss
10.12.080 Huntin ton Beach Munici al Code
STREET BETWEEN SPEED
Los Patos Warner Bolsa Chica 35
Magnolia PCH Banning 45
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Warner I-405 San Diego F 45
Main Street PCH Palm 25
Palm Adams 25
Adams Yorktown 35
Yorktown Garfield 40
Garfield Delaware 40
Delaware Ellis/Beach 40
McFadden Bolsa Chica Graham 25
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard East Ci Limit 40
Newland PCH Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45 J
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Garfield Ellis 45
Ellis Talbert 45
Talbert Slater 45
Slater Warner 45
Warner Heil 45
Heil Edin er 45
Orange Main Fifth 5th 25
5th Ninth 9th 30
9th 17th 30
17th Goldenwest 40
PCH South City Limit Brookhurst 55
(State Route 1) Brookhurst Magnolia 55
Magnolia Newland 55
Newland 900' S/o Beach 55
900' S/o Beach Huntington 45
Huntington 800'N/o Huntington 45
800'N/o Huntington Main 35
Main 160' S/o 12th 35
160' S/o 12th 17th 45
17th 150' S/o 20th 45
150' S/o 20th 20th 50
20th Goldenwest 50
6/96
Huntington Beach Municipal Code 10.12.080
STREET BETWEEN SPEED
PCH Goldenwest 6200'N/o Goldenwest 50
(Continued) 6200'N/o Goldenwest 800' S/o Warner 55
800' S/o Warner North Ci Limits 40
Palm Main 17th 35
17th Goldenwest 35
Goldenwest Sea oint 45
Parkside Holt Edin er 30
Rancho Bolsa Chica North/East UX Limits 40
Saybrook Davenport Heil 25
Heil Edin er 40
17th PCH Orange 35
Orange Palm 35
Palm Main 35
Huntington Florida 35
Seapoint PCH Palm 40
Palm Garfield 45
Sher Juliette Low Edin er 35
MIS
Slater Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Beach 45
Beach Newland 40
Springdale South City Limit Talbert 45
Talbert Slater 45
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
Bolsa North Ci Limit 45
Talbert West City Limit Edwards 40
Goldenwest Gothard 40
Gothard Beach 40
Beach Newland 45
Ward Yorktown Garfield 45
Warner PCH Algonquin 50
Algonquin Bolsa Chica 50
Bolsa Chica Graham 50
Graham Springdale 50
Springdale Edwards 50
Edwards Goldenwest 45
Goldenwest Gothard 50
Gothard Nichols 45
Nichols Ash 45
Ash Beach 45
Beach Newland 45
Newland Ma olia 45
6/96
10.12.080 Huntin ton Beach Munici al Code
STREET BETWEEN SPEED
Yorktown Goldenwest Main Street 35
Main Street Lake Street 35
Lake Street Beach 35
Beach Newland 40
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Ward 45
6/96
Huntington Beach Municipal Code 17.36.010--17.36.020
Chapter 17.36
TRAILER PARKS AND REGULATIONS
(1150-6/65, 2149-2/77, 2214-9/77)
Sections'
17.36.010 Unlawful occupancy
17.36.020 Unlawful use
17.36.010 Unlawful occupancy. It is unlawful for any person in a mobilehome park to use or
cause or permit to be used for occupancy any mobilehome in conflict with the provisions of
Chapter 4 and 5 of Title 25 of the California Administrative Code. (1150-6/65, 2149-2/77)
17.36.020 Unlawful use. It is unlawful for any person to occupy as living quarters any
mobilehome upon any area or tract of land within the city except as follows:
(a) A mobilehome may be occupied and used as living quarters in a mobilehome park complying
with Chapter 4 and 5 of Title 25 of the California Administrative Code and the Huntington
Beach Ordinance Code.
(b) A mobilehome may be occupied and used as living quarters where specifically approved or
required by the Huntington Beach Ordinance Code and shall comply with Chapters 4 and 5 of
Title 25 of the California Administrative Code. (1150-6/65, 2149-2/77)
4�S
ej
I
ASS
9/77
a
HUNTING TON BEA CH
MUNICIPAL CODE UPDATES
(Effective 8/20/97)
Please Remove from Code Please Add to Code
Chapter 10.08 Chapter 10.08
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
970820
Huntington Beach Municipal Code 10.08.010--10.08.060
Chanter 10.08
ENFORCEMENT
(322-1/29,1157-9/65,Urg Ord 1292-1/67,2124-1/77,3163-8/92,3337-12196,3368-8/97)
Sections:
10.08.010 Traffic direction--Authority
10.08.020 Traffic direction--Persons prohibited
10.08.030 Traffic direction--Obedience to officers
10.08.040 Riders of bicycles or animals
10.08.050 Obstructing or interfering with officers
10.08.060 Public employees to obey regulations
10.08.070 Exemption of certain vehicles
10.08.080 Exempted vehicles must use due care
10.08.090 Exceptions to parking or standing rules
10.08.100 Accident report--Required when
10.08.110 Accident report--Contents
10.08.120 Accident report--Injured parties
10.08.130 Vehicle removal by Police
10.08.140 State highways regulated by City--Approval
10.08.150 State highways regulated by City--Authority delegated
10.08.010 Traffic direction--Authority. Officers, reserve officers, parking control officers and
cadets of the Police Department and Marine Safety Officers and such special officers of the
Community Services Department as are assigned by the Chief of Police are authorized to direct all
traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the
event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the
Police Department or members of the Fire Department may direct traffic as conditions may
require, notwithstanding the provisions to the contrary contained in this title or the Vehicle Code.
(322-1/29,1157-9/65,2124-1/77)
10.08.020 Traffic direction--Persons prohibited. No person other than an officer of the Police
Department or a person authorized by the Chief of Police or a person authorized by law shall
direct, or attempt to direct traffic by voice, hand or other signal, except that persons may operate,
when and as herein provided, any mechanical pushbutton signal erected by order of the Director
of Public Works. (322-1/29,1157-9/65)
10.08.030 Traffic direction--Obedience to officers. No person shall fail or refuse to comply
with or to perform any act, lawful order, signal or direction of a Traffic or Police Officer, or a
member of the Fire Department, or a person authorized by the Chief of Police or by law.
(322-1/29,1157-9/65)
10.08.040 Riders of bicycles or animals. Every person riding a bicycle or driving an animal
upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver
of a vehicle by this title, except those provisions which by their very nature can have no
application. (1157-9/65)
10.08.050 Obstructing or interfering with officers. No person shall interfere with or obstruct
in any way any Police Officer or other officer or employee of this City in their enforcement of the
provisions of this title. The removal, obliteration or concealment of any chalk mark or other
distinguishing mark used by any Police Officer or other employee or officer of this City in
connection with the enforcement of the parking regulations of this title, constitute such
interference or obstruction. (1157-9/65)
10.08.060 Public employees to obey regulations. The provisions of this title shall apply to the
operator of any vehicle owned by or used in the service of the United States government, this
state, any county or city, and it shall be unlawful for any said operator to violate any of the
provisions of this title except as otherwise permitted in this title or by the Vehicle Code. (1157-9/65)
8/97
10.08.070-10.08.130(c) Huntington Beach Municipal Code ,
10.08.070 Exemption of certain vehicles. The provisions of this title regulating the operation,
parking and standing of vehicles shall not only apply to vehicles operated by the Police or Fire
Departments, any public ambulance or any public utility vehicle or any private ambulance, which
public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when
any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in
response to an emergency call, or to the operation of bicycles by Police Department personnel
while in the course and scope of their official duties. (1157-9/65,3163-8/92)
10.08.080 Exempted vehicles must use due care. The foregoing exemptions shall not,
however, relieve the operator of any such vehicle from obligation to exercise due care for the
safety of others or the consequences of his willful disregard of the safety of others. (1157-9/65)
10.08.090 Exemptions to parking or standing rules. The provisions of this title regulating the
parking or standing of vehicles shall not apply to any vehicle of a city department or public utility
while necessarily in use for construction or repair work or any vehicle owned or operated by the
United States Post Office Department while in use for the collection, transportation or delivery of
United States mail. (1157-9/65)
10.08.100 Accident report--Required when. The operator of a vehicle or the person in charge
of any animal involved in any accident resulting in damage to any property publicly owned or
owned by a public utility, including but not limited to, any fire hydrant, parking meter, lighting
post, telephone pole, electric light or power pole, resulting in damage to any tree, in or along any
street, shall within twenty-four(24) hours after such accident make a written report of such
accident to the Police Department of this City. (1157-9/65)
10.08.110 Accident repo rt--Co ntents. Every such report shall state the time when and the
place where the accident took place, the name and address of the person owning and of the
person operating or in charge of such vehicle or animal, the license number of every such vehicle,
and shall briefly describe the property damage in such accident. (1157-9165)
10.08.120 Accident report--Injured parties. The operator of any vehicle involved in an
accident shall not be subject to the requirements or penalties of this code if and during the time he
is physically incapable of making a report, but in such event he shall make a report as required in
Section 10.08.100 within twenty-four(24) hours after regaining ability to make such report.
(1157-9/65)
10.08.130 Vehicle removal by police. Officers, reserve officers, parking control officers and
cadets of the Police Department as are assigned by the Chief of Police are authorized and may
remove or cause to be removed:
(a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two
(72) or more consecutive hours; or which the investigating officer determines has been
abandoned pursuant to Vehicle Code Sections 22523 or 22669. Such vehicles may be
removed as an abandoned vehicle pursuant to Vehicle Code Section 22651(k). (3368-8/97)
(b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7 a.m.
and 7 p.m. when such parking or standing is prohibited by ordinance or resolution of this City and
signs are posted giving notice of such removal. (3368-8/97)
(c) Any vehicle which is parked or left standing upon a street or highway where the use of such
street or highway or a portion thereof is necessary for the cleaning, repair or construction of
the street or highway or for the installation of underground utilities or where the use of the
street or highway or any portion thereof is authorized for a purpose other than the normal
flow of traffic or where the use of the street or highway or any portion thereof is necessary for
the movement of equipment, articles or structures of unusual size, and the parking of such
vehicle would prohibit or interfere with such use or movement; provided that signs giving
notice that such vehicle may be removed are erected or placed at least twenty-four(24)hours
prior to the removal.
8/97
Huntington Beach Municipal Code 10.08.130(d)-10.08.150
t (d) Any vehicle which is parked or left standing in any City-owned or operated parking lot when
such parking or standing has been prohibited by ordinance or resolution. (1157-9/65,2124-1/77)
(e) Any vehicle that is over eighty-four (84) inches high, measured from the surface of the
roadway to its highest point, or over eighty-four (84) inches wide, measured from its widest
point, excluding side view mirrors or similar extensions, that is parked on an arterial highway,
as described in Section 10.44.070 of the Huntington Beach Municipal Code, between the
hours of 9 p.m. and 6 a.m. (3337-12196)
10.08.140 State highways regulated by City--Approval. Any provision of this title which
regulates traffic or delegates the regulation of traffic upon state highways in any way for which
the approval of the State Department of Public Works is required by state law, shall cease to be
operative six (6) months after receipt by the City Council of written notice of withdrawal of
approval of the State Department of Public Works. (1157-9/65,Urg Ord 1292-1/67)
10.08.150 State highways regulated by City--Authority delegated. Whenever this title
delegates authority to a City officer, or authorizes action by the City Council to regulate traffic
upon a state highway in any way which, by law, requires the prior approval of the State
Department of Public Works, no such officer shall exercise such authority nor shall such action by
the City Council be effective with respect to any state highway without the prior approval, in
writing, of the State Department of Public Works when and to the extent required by the state
Vehicle Code. (1157-9/65,Urg Ord 1292-1167)
8/97
Huntington Beach Municipal Code 10.08.010--10.08.060
Chapter 10.08
ENFORCEMENT VY
(322-1/29, 1157-9/65, Urg Ord 1292-1/67,2124-1/77,3163-8/92,3337-12/96)
Sections:
10.08.010 Traffic direction--Authority
10.08.020 Traffic direction--Persons prohibited
10.08.030 Traffic direction--Obedience to officers
10.08.040 Riders of bicycles or animals
10.08.050 Obstructing or interfering with officers
10.08.060 Public employees to obey regulations
10.08.070 Exemption of certain vehicles
10.08.080 Exempted vehicles must use due care
10.08.090 Exceptions to parking or standing rules
10.08.100 Accident report--Required when
10.08.110 Accident report--Contents
10.08.120 Accident report--Injured parties
10.08.130 Vehicle removal by Police
10.08.140 State highways regulated by City--Approval
10.08.150 State highways regulated by City--Authority delegated.
10.08.010 Traffic direction--Authority. Officers, Reserve Officers, Service Officers and
cadets of the Police Department and Marine Safety Officers and such special officers of the
Community Services Department as are assigned by the Chief of Police are authorized to direct
all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in
the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers
of the Police Department or members of the Fire Department may direct traffic as conditions
may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle
Code. (322-1/29, 1157-9/65,2124-1/77)
10.08.020 Traffic direction--Persons prohibited. No person other than an officer of the Police
Department or a person authorized by the Chief of Police or a person authorized by law shall
direct, or attempt to direct traffic by voice, hand or other signal, except that persons may operate,
when and as herein provided, any mechanical pushbutton signal erected by order of the Director
of Public Works. (322-1/29, 1157-9/65)
10.08.030 Traffic direction--Obedience to officers. No person shall fail or refuse to comply
with or to perform any act, lawful order, signal or direction of a Traffic or Police Officer, or a
member of the Fire Department, or a person authorized by the Chief of Police or by law.
(322-1/29, 1157-9/65)
10.08.040 Riders of bicycles or animals. Every person riding a bicycle or driving an animal
upon a highway has all of the rights and shall be subject to all of the duties applicable to the
driver of a vehicle by this title, except those provisions which by their very nature can have no
application. (1157-9/65)
10.08.050 Obstructing or interfering with officers. No person shall interfere with or obstruct
in any way any Police Officer or other officer or employee of this City in their enforcement of
the provisions of this title. The removal, obliteration or concealment of any chalk mark or other
distinguishing mark used by any Police Officer or other employee or officer of this City in
connection with the enforcement of the parking regulations of this title, constitute such
interference or obstruction. (1157-9/65)
10.08.060 Public employees to obey regulations. The provisions of this title shall apply to the
operator of any vehicle owned by or used in the service of the United States government, this
state, any county or city, and it shall be unlawful for any said operator to violate any of the
provisions of this title except as otherwise permitted in this title or by the vehicle code. (1157-9/65)
12196
10.08.070--10.08.130(c) Huntington Beach Municipal Code
1.0.08.070 Exemption of certain vehicles. The provisions of this title regulating the operation,
parking and standing of vehicles shall not only apply to vehicles operated by the Police or Fire
Departments, any public ambulance or any public utility vehicle or any private ambulance,which
public utility vehicle or private ambulance has qualified as an authorized emergency vehicle,
when any vehicle mentioned in this section is operated in the manner specified by the Vehicle
Code in response to an emergency call,or to the operation of bicycles by Police Department
personnel while in the course and scope of their official duties. (1157-9/65,3163-8/92)
10.08.080 Exempted vehicles must use due care. The foregoing exemptions shall not,
however, relieve the operator of any such vehicle from obligation to exercise due care for the
safety of others or the consequences of his willful disregard of the safety of others. (1157-9/65)
10.08.090 Exemptions to parking or standing rules. The provisions of this title regulating the
parking or standing of vehicles shall not apply to any vehicle of a city department or public
utility while necessarily in use for construction or repair work or any vehicle owned or operated
by the United States Post Office Department while in use for the collection,transportation or
delivery of United States mail. (1157-9/65)
10.08.100 Accident report--Required when. The operator of a vehicle or the person in charge
of any animal involved in any accident resulting in damage to any property publicly owned or
owned by a public utility, including but not limited to, any fire hydrant,parking meter, lighting
post, telephone pole, electric light or power pole, resulting in damage to any tree, in or along any
street, shall within twenty-four(24) hours after such accident make a written report of such
accident to the Police Department of this City. (1157-9/65)
10.08.110 Accident report--Contents. Every such report shall state the time when and the
place where the accident took place, the name and address of the person owning and of the
person operating or in charge of such vehicle or animal, the license number of every such
vehicle, and shall briefly describe the property damage in such accident. (1157-9/65) n
10.08.120 Accident report--Injured parties. The operator of any vehicle involved in an
accident shall not be subject to the requirements or penalties of this code if and during the time
he is physically incapable of making a report, but in such event he shall make a report as required
in section 10.08.100 within twenty-four(24)hours after regaining ability to make such report.
(1157-9/65)
10.08.130 Vehicle removal byVolice. Officers, reserve officers, service officers and cadets of
the Police Department as are assigned by the Chief of Police are authorized and may remove or
cause to be removed:
(a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two
(72) or more consecutive hours;
(b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7
a.m. and 7 p.m. when such parking or standing is prohibited by ordinance or resolution of
this City and signs are posted giving notice of such removal; and
(c) Any vehicle which is parked or left standing upon a street or highway where the use of such
street or highway or a portion thereof is necessary for the cleaning,repair or construction of
the street or highway or for the installation of underground utilities or where the use of the
street or highway or any portion thereof is authorized for a purpose other than the normal
flow of traffic or where the use of the street or highway or any portion thereof is necessary
for the movement of equipment, articles or structures of unusual size, and the parking of such
vehicle would prohibit or interfere with such use or movement;provided that signs giving
notice that such vehicle may be removed are erected or placed at least twenty-four(24) hours
prior to the removal.
12/96
Q
Huntington Beach Municipal Code 10.08.130(d)--10.08.180
(d) Any vehicle which is parked or left standing in any City-owned or operated parking lot when
such parking or standing has been prohibited by ordinance or resolution. (1157-9/65,2124-1/77)
(e) Any vehicle that is over eighty-four(84) inches high, measured from the surface of the
roadway to its highest point, or over eighty-four(84) inches wide, measured from its widest
point, excluding side view mirrors or similar extensions, that is parked on an arterial
highway, as described in § 10.44.070 of the Huntington Beach Municipal Code, between the
hours of 9 p.m. and 6 a.m. (3337-12/96)
10.08.140 State highways regulated by City--Approval. Any provision of this title which
regulates traffic or delegates the regulation of traffic upon state highways in any way for which
the approval of the State Department of Public Works is required by state law, shall cease to be
operative six(6) months after receipt by the City Council of written notice of withdrawal of
approval of the State Department of Public Works. (1157-9/65,Urg Ord 1292-1/67)
10.08.150 State highways regulated by Cites Authority delegated. Whenever this title
delegates authority to a City officer, or authorizes action by the City Council to regulate traffic
upon a state highway in any way which, by law, requires the prior approval of the State
Department of Public Works, no such officer shall exercise such authority nor shall such action
by the City Council be effective with respect to any state highway without the prior approval, in
writing, of the State Department of Public Works when and to the extent required by the state
Vehicle Code. (1157-9/65, Urg Ord 1292-1/67)
12/96
HUNTING TON BEA CH
MUNICIPAL CODE UPDATES
(Effective 4/2/97)
Please Remove from Code Please Add to Code
Chapter 10.24 Chapter 10.24
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
970402
1
Huntington Beach Municipal Code 10.24.010-10.24.030(a)
Chapter 10.24
TRUCK ROUTES
(322-1/29, 519-12/47, 532-6148, 1142-6/65, 2065-7/76, 2529-2/82, 3347-4/971
Sections:
10.24.010 Designated
10.24.020 Streets prohibited to trucks
10.24.030 Excepted trucks
10.24.040 Sign erection by Public Works Director.
10.24.010 Designated. The City Council designates certain streets or portions of streets as
routes the use of which is permitted by any vehicle exceeding a maximum gross weight of five (5)
tons. The Director of Public Works is authorized to designate the following streets as "truck
routes" by use of appropriate signs where, in his opinion, such designation is required. These
streets are described as follows:
Adams Beach to east city limits
Argosy Bolsa Chica to Graham
Atlanta Beach to Newland
Beach SR 39 Pacific Coast Highway to north city limits
Bolsa Bolsa Chica to east city limits
Bolsa Chica Warner to north city limits
Brookhurst Pacific Coast Highway to north city limits
Edinger Bolsa Chica to east city limits
Garfield Goldenwest to Brookhurst
Goldenwest Pacific Coast Highway to north city limits
Gothard Garfield to Edinger
Graham Edin er to Bolsa
Hamilton Newland to east city limits
Magnolia Pacific Coast Highway to north city limits
Main Garfield to Beach
McFadden Graham to Springdale
Newland Pacific Coast Highway to Atlanta
Pacific Coast Hi hwa SR 1 Northerly city limits to Santa Ana River
S rin dale Northerly city limits to Warner
Talbert Gothard to Newland
Warner Pacific Coast Highway to east city limits
(322-1/29, 519-12/47, 532-6148, 1142-6/65, 2065-7/76, 2529-2/82, 3347-4/97)
10.24.020 Streets prohibited to trucks. The City Council designates all streets in the city,
except those enumerated in section 10.24.010, as streets on which any commercial vehicles of
gross weight over five (5)tons are prohibited. (322-1/29, 519-12/47, 532-6/48, 1142-6/65, 2529-2/82)
10.24.030 Excepted trucks. Nothing in this chapter shall prohibit the operator of any vehicle
exceeding the maximum gross weight of five (5)tons coming from a truck route having ingress
and egress by direct route to and from restricted streets, when:
(a) Necessary for the purpose of making pickups or deliveries of goods, wares and merchandise,
from or to any building or structure located on such restricted streets;
4/97
a
10.24.030(b)-10.24.040 Huntington Beach Municipal Code
(b) Necessary for the purpose of delivering materials to be used in the actual and bona fide repair,
alteration, remodeling or construction of any building or structure, for which a building permit
has been previously obtained;
(c) Any passenger bus under the jurisdiction of the Public Utilities Commission, or owned by a
bus company licensed by this city;
(d) Any vehicle owned by the city while necessarily in use in the construction, installation or
repair of a city utility or street. (1142-6/65, 252972182)
10.24.040 Sign erection by Public Works Director. The Director of Public Works may erect
and maintain appropriate signs on those streets affected by this chapter where he deems the same
to be necessary. (1142-6/65, 2529-2182)
I
4/97
S �CQ
i . O
Huntington Beach Municipal Code 10.24.010--10.24.030(a)
Chapter 10.24
TRUCK ROUTES
(322-1/29, 519-12/47, 532-6/48, 1142-6/65,2065-7/76,2529-2/82)
Sections:
10.24.010 Designated
10.24.020 Streets prohibited to trucks
10.24.030 Excepted trucks
10.24.040 Sign erection by Public Works Director.
10.24.010 Designated. The City Council designates certain streets or portions of streets as
routes the use of which is permitted by any vehicle exceeding a maximum gross weight of five
(5)tons. The Director of Public Works is authorized to designate the following streets as "truck
routes" by use of appropriate signs where, in his opinion, such designation is required. These
streets are described as follows:
Adams Lake to east city limits
Atlanta Beach to Bushard
Beach Pacific Coast Highway to north city limits
Bolsa Bolsa Chica to east city limits
Bolsa Chica Warner to Rancho
Brookhurst Pacific Coast Highway to Garfield
Bushard Hamilton to Atlanta
Edinger Bolsa Chica to Newland
Garfield Edwards to Brookhurst
Goldenwest Pacific Coast Highway to Bolsa
Gothard Garfield to Edinger
Graham Edinger to Bolsa
Hamilton Bushard to east city limits
Lake Pacific Coast Highway to Yorktown
Magnolia Pacific Coast Highway to Garfield
Main Yorktown to Beach
Yorktown Goldenwest to Lake
McFadden Graham to Springdale
Newland Pacific Coast Highway to Atlanta
Oran a Lake to Goldenwest Street
Pacific Coast Highway Northerly city limits to Santa Ana River
Talbert Goldenwest to Newland
Warner I Pacific Coast Highway to Ma nolia
(322-1/29, 519-12/47,532-6/48, 1142-6/65,2065-7176,2529-2/82)
10.24.020 Streets prohibited to trucks. The City Council designates all streets in the city,
except those enumerated in section 10.24.010, as streets on which any commercial vehicles of
gross weight over five (5)tons are prohibited. (322-1/29,519-12/47, 532-6/48, 1142-6/65, 2529-2/82)
10.24.03010.24.030 Excepted trucks. Nothing in this chapter shall prohibit the operator of any vehicle
exceeding the maximum gross weight of five (5)tons coming from a truck route having ingress
and egress by direct route to and from restricted streets, when:
(a) Necessary for the purpose of making pickups or deliveries of goods,wares and merchandise,
from or to any building or structure located on such restricted streets;
9/89
Q
10.24.030(b)-10.24.040 Huntington Beach Municipal Code
(b) Necessary for the purpose of delivering materials to be used in the actual and bona fide
repair, alteration,remodeling or construction of any building or structure, for which a
building permit has been previously obtained;
(c) Any passenger bus under the jurisdiction of the Public Utilities Commission, or owned by a
bus company licensed by this city;
(d) Any vehicle owned by the city while necessarily in use in the construction,installation or
repair of a city utility or street. (1142-6/65,2529-2/82)
10.24.040 Sign erection by Public Works Director. The Director of Public Works may erect
and maintain appropriate signs on those streets affected by this chapter where he deems the same
to be necessary. (1142-6165,2529-2/82)
9/89
HUN TING TON BEA CH
MUNICIPAL CODE UPDA TES
(Effective 2/6/97)
Please Remove from Code Please Add to Code
Chapter 10.40 j Chapter 10.40
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
970206A
Huntington Beach Municipal Code 10.40.010--10.40.030
Chapter 10.40
GENERAL PARKING REGULATIONS
(255-2/23,268-1/24,322-1/29,505-2/47,632-11/55,692A-9/58,846-7/61,1047-5/64, 1051-5/64, 1070-8/64, 1121-3/65,1136-5/65,
1155-8/65, Urg Ord 1510-6/69,1577-6/70,2044-5/76,2124-1/77,2177-4/77,2204-8/77,2247-1/78,2276-5/78,2294-8178,2295-9178,
2327-2/79,2520-12/81,Urg Ord 2767-5/85,3113-6/91,3340-12/96,3345-2/97)
Sections:
10.40.010 Applicability
10,40.020 More restrictive provisions apply
10.40.030 Stopping or standing in parkways prohibited
10.40.040 Zones and areas maintained
10.40.050 No parking areas
10.40,060 Storing vehicles in street prohibited
10.40.070 Repealed Ordinance No. 2692, 4 July 1984
10.40.080 Repairing or greasing in street
10.40.090 Washing or polishing vehicles for charge
10.40.100 Parking--Adjacent to schools
10.40.110 Parking--Prohibited on narrow streets
10.40.115 Fire lanes, access ways and roadways--Parking prohibited
10.40.120 Parking--Highway grade
10.40.125 Parking of vehicles for sale--Prohibited
10.40.130 Repealed -- Ordinance 3345-2/97
10.40.140 Repealed -- Ordinance 3345-2/97
10.40.150 Vehicles used for property transportation
10.40.160 Permit--Compliance--Revocation
10.40.170 Emergency parking signs
. 10.40.180 Disabled commercial vehicle--Warning signals
10.40.190 One-way streets--Parallel parking
10.40.200 Diagonal parking
10.40.210 Angle parking--Minimum road width
10.40.220 Angle parking--One side of street
10.40.230 Parking space markings
10.40.240 No stopping zones
10.40.250 Painting of curbs
10.40.260 General parking regulations--Enforcement
10.40.270 Parking areas on private property--Maintenance--Parking prohibited
10.40.275 Vacant real property--Posting
10.40.280 Violation--Penalty.
10.40.010 Applicability. The provisions of this title regulating the stopping, standing or parking
of a vehicle shall apply at all times or at those times herein specified, except when it is necessary
to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a
police officer or official traffic control device. (1155-8/65)
10.40.020 More restrictive provisions apply. The provisions of this title imposing a time limit
on standing or parking shall not relieve any person from the duty to observe other and more
restrictive provisions of the Vehicle Code or the ordinance of this city prohibiting or limiting the
standing or parking of vehicles in specified places or at specified times. (1155-8/65)
10.40.030 Stoppinjj or standinp, in parkways prohibited. No person shall stop, stand or park
a vehicle within any parkway. (1155-8/65)
2/97
10.40.040--10.40.0500) Huntington Beach Municipal Code
10.40.040 Zones and areas maintained.
(a) The Director of Public Works is authorized to maintain, by appropriate signs or by paint upon
the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as
defined and described in this title.
(b) When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or
park such vehicle adjacent to any such legible curb marking or sign in violation of any of the
provisions of this chapter. (255-2/23,322-1/29,692A-9/58,1051-5/64)
10.40.050 No parking areas. No operator of any vehicle shall stop, stand, park or leave
standing such vehicle in any of the following places, except when necessary to avoid conflict with
other traffic or in compliance with the direction of a police officer or other authorized officer, or
traffic signal:
(a) On either side of any street between the projected property lines of any public walk, public
steps, street or thoroughfare terminating at such street, when such area is indicated by
appropriate signs or by red paint upon the curb surface;
(b) Within any divisional island unless authorized and clearly indicated with appropriate signs or
imarkings;
(c) In any area where the Director of Public Works or Director of Community Development
determines that the parking or stopping of a vehicle would constitute a traffic hazard or would
endanger life or property when such area is indicated by appropriate signs or by red paint
upon the curb surface;
i
(d) In any area established by resolution of the Council as a no parking area, when such area is
indicated by appropriate signs or by red paint upon the curb surface;
(e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the
movement of any car traveling upon such track;
(f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or
would endanger life or property;
(g) On any street or highway where the use of such street or highway or a portion thereof is
necessary for the cleaning, repair or construction of the street or highway or the installation of
underground utilities or where the use of the street or highway or any portion thereof is
authorized for a purpose other than the normal flow of traffic or where the use of the street or
highway or any portion thereof is necessary for the movement of equipment, articles or
structures of unusual size, and the parking of such vehicle would prohibit or interfere with
such use or movement; provided that signs giving notice of such no parking are erected or
placed at least twenty-four (24) hours prior to the effective time of such no parking;
(h) At any place within twenty (20) feet of a point on the curb immediately opposite the mid-
block end of a safety zone, when such place is indicated by appropriate signs or by red paint
upon the curb surface;
(i) At the place within twenty (20) feet of a crosswalk at an intersection when such place is
indicated by appropriate signs or by red paint upon the curb surface except that a bus may
stop at a designated bus stop;
0) Within twenty (20) feet of the approach of any traffic signal, stop sign or official electric
flashing device, when such place is indicated by appropriate signs or by red paint upon the
curb surface;
2/97
Huntington Beach Municipal Code 10.40.050(k)--10.40.115
(k) In any area where the Director of Public Works or the Director of Community Development
or any person in lawful possession of an off-street parking area has designated stalls or spaces
in an off-street parking facility for the exclusive use of physically-handicapped persons whose
vehicles display either one of the distinguishing license plates issued to disabled persons
pursuant to Section 22511.5 of the California Vehicle Code and where such space is clearly
marked by the painting of a blue curb or by posting immediately adjacent to, and visible from,
each stall or space, a sign consisting of a profile view of a wheelchair with occupant in white
on a blue background or by both such blue curb and sign. (255-2/23,322-1/29,505-2/47,692A-9/58,
1051-5/64,1155-8/65,2044-5/76)
10.40.060 Storing vehicles in street prohibited. No person who owns or has possession,
custody or control of any vehicle shall park, store, stand or leave standing any vehicle upon any
street or alley for more than a consecutive period of seventy-two (72) hours. (632-11/55, 1121-3/65,
1155-8/65,2177-4/77)
10.40.080 Repairing or greasing in street. No person shall construct or cause to be
constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to
be dismantled, any vehicle or any part thereof upon any public street in this city. Temporary
emergency repairs may be made upon a public street. (1047-5/64, 1070-8/64, 1155-8/65)
10.40.090 Washing or polishing vehicles for charge. No person shall wash or cause to be
washed, polish or cause to be polished any vehicle or any part thereof upon any public street in
this city, when a charge is made for such service. (1155-8/65)
10.40.100 Parking--Adjacent to schools.
(a) The Director of Public Works is authorized to erect signs indicating no parking upon that side
of any street adjacent to any school property when such parking would, in his opinion,
interfere with traffic or create a hazardous situation.
(b) When official signs are erected prohibiting parking upon that side of a street adjacent to any
school property, no person shall park a vehicle in any such designated place. (1155-8/65)
10.40.110 Parking--Prohibited on narrow streets.
(a) The Director of Public Works is authorized to place signs or markings indicating no parking
upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one
side of a street as indicated by such signs or markings when the width of the roadway does not
exceed thirty (30) feet.
(b) When official signs or markings prohibiting parking are erected upon narrow streets as
authorized herein, no person shall park a vehicle upon any such street in violation of any such
sign or marking. (1155-8/65)
10.40.115 Fire lanes, access ways and roadways--Parking prohibited. No person shall park
any vehicle or place any object in any fire lane, clearly designated as such by appropriate signs or
by red paint upon the curb surface, or park or place any object, obstruction or vehicle in, on or
across an established or designated exit, driveway, alleyway, or access road, whether public or
private, in such manner as to hamper the movement of any emergency vehicles and equipment in
the event of fire or other emergency. This prohibition applies to, but is not limited to, areas in and
about any church, hospital, assembly hall, lodge hall, school, hotel, motel, condominium,
apartment building, theater, industrial complex, motion picture theater, stadium, shopping center,
restaurant, tent, or other place of public assembly, whether open or closed.
2/97
a
i
10.40.115--10.40.170(a) Huntington Beach Municipal Code
Any vehicle parked or any object placed in a fire lane or any of the aforementioned areas shall be
subject to immediate removal and storage, pursuant to law. (2520-12/81)
10.40.120 Parking--Highway grade. No person shall park or leave standing any vehicle
unattended on a highway when upon any grade exceeding three (3) percent without blocking the
wheels of the vehicle by turning them against the curb or by other means. (1155-8/65)
10.40.125 Parking of vehicles for sale--Prohibited.
(a) No person shall park a vehicle upon a public or private street, parking lot or any public or
private property for the purpose of displaying such vehicle thereon for sale, hire or rental,
unless the property is duly licensed and zoned by the city to transact that type of business at
that location.
(b) Subsection (a) of this section shall not prohibit persons from parking vehicles on private
residential property, belonging to the owner of the vehicle, nor on the public street
immediately adjacent to said private residential property.
(c) Subsection (a) of this section shall not prohibit persons from parking vehicles on private
property, other than their own, when they have obtained written permission from the property
owner to do so. Said written permission must bear the date permission was granted, must
include the name, address and telephone number of the property owner, and must be displayed
in or upon the vehicle in such a manner that it is easily readable from outside the vehicle.
(d) The Director of Community Development, or his designee, is authorized to enforce provisions
of this section pursuant to Section 836.5 of the California Penal Code. (2294-8n8)
10.40.150 Vehicles used for property transportation. No person shall park or stand any
vehicle or wagon used or intended to be used in the transportation of property for hire on any
street while awaiting patronage for such vehicle or wagon without first obtaining a written permit
to do so from the Director of Public Works which shall designate the specific location where such
vehicle may stand. (322-1/29, 1155-8/65)
10.40.160 Permit--Compliance--Revocation. Whenever any permit is granted under the
provisions of this chapter and a particular location to park or stand is specified therein, no person
shall park or stand any vehicle, wagon or pushcart on any location other than is designated in such
permit. In the event that the holder of any such permit is convicted in any court of
competent jurisdiction for violating any of the provisions of this chapter, such permit shall be
forthwith revoked by the Director of Public Works upon the filing of the record of such
conviction with such officer and no permit shall thereafter be issued to such person until six (6)
months have elapsed from the date of such revocation. (322-1/29, 1155-8/65)
10.40.170 Emergency parking signs.
(a) Whenever the Director of Public Works shall determine that an emergency traffic congestion
is likely to result from the holding of public or private assemblages, gatherings or functions, or
for other reasons, the Director of Public Works shall have the power and authority to order
temporary signs to be erected or posted indicating that the operation, parking or standing of
vehicles is prohibited on such streets and alleys, as the Director of Public Works shall direct,
during the time such temporary signs are in place. Such signs shall remain in place only during
the existence of such emergency and the Director of Public Works shall cause such signs to be
removed promptly thereafter.
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Huntington Beach Municipal Code 10.40.170(b)--10.40.200(a)(2)
(b) When signs authorized by the provisions of this section are in place giving notice thereof, no
person shall operate, park or stand any vehicle contrary to the directions of such signs.
(1155-8/65)
10.40.180 Disabled commercial vehicle--Warning signals. Every motor truck having an
unladen weight of four thousand (4000) pounds or more, and every truck tractor irrespective of
weight when operated upon any street or highway during darkness, shall be equipped with and
carry at least two (2) flares or two (2) red lanterns or two (2) warning lights or reflectors, which
reflectors shall be of a type approved by the California Department of Highway Patrol. When any
vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways outside
of any business or residence district within this city, and upon which street or highway there is
insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet during
darkness, a warning signal of the character indicated above shall be immediately placed at a
distance of approximately one hundred (100) feet in advance of, and one hundred (100) feet to the
rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four (4)
approved Class A, Type I turn signal lamps, at least two (2) toward the front and at least two (2)
toward the rear of the vehicle, shall be considered to meet the requirements of this section until
the devices mentioned above can be placed in the required locations. The warning signals herein
mentioned shall be displayed continuously during darkness while such vehicle remains disabled
upon such street and highway. (1155-8/65)
10.40.190 One-way streets--Parallel parkin.
(a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within
eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon any
one-way street unless signs are in place prohibiting such stopping or standing.
(b) In the event a highway includes two (2) or more separate roadways and traffic is restricted to
one direction upon any such roadway, no person shall stand or park a vehicle upon the left-
hand side of such one-way roadway unless signs are in place permitting such standing or
parking.
(c) The Director of Public Works is authorized to determine when standing or parking shall be
prohibited upon the left-hand side of any one-way street or when standing or parking may be
permitted upon the left-hand side of any one-way roadway of a highway having two (2) or
more separate roadways and shall erect signs giving notice thereof.
(d) The requirement of parallel parking imposed by this section shall not apply in the event any
commercial vehicle is actually engaged in the process of loading or unloading freight or
goods, in which case such vehicle may be backed up to the curb, provided that such vehicle
does not extend beyond the centerline of the street and does not block traffic thereby.
(1121-3/65, 1155-8/65)
10.40.200 Diallonal parking.
(a) On any of the streets or portions of streets established by resolution of the Council as diagonal
parking zones, when signs or pavement markings are in place indicating such diagonal
parking, it shall be unlawful for the operator of any vehicle to park said vehicle except:
(1) At the angle to the curb indicated by signs or pavement markings allotting space to
parked vehicles and entirely within the limits of said allotted space;
(2) With the front wheel nearest the curb within six (6) inches of said curb.
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10.40.200(b)--10.40.260 Huntington Beach Municipal Code
(b) The provisions of this section shall not apply when such vehicle is actually engaged in the
process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in Section 10.40.190 shall be complied with. (255-2/23,268-1/24,322-1/29,846-7/61,1155-8/65)
10.40.210 Angle parking--Minimum road width. Angle parking shall not be permitted upon
any street where parking would diminish the width of the roadway available for travel to less than
twenty-four (24) feet or upon any street which is a portion of the city's master plan of arterial
streets and highways. (1155-8/65, 1577-6no)
10.40.220 Angle parking--One side of street. The Director of Public Works is authorized to
prohibit the parking of vehicles, provided appropriate signs are placed and maintained to give
notice thereof, on one side of a street in any block where angle parking is permitted on the
opposite side of the street in such block. (322-1/29,1155-8/65)
10.40.230 Parking space markings.
(a) The Director of Public Works is authorized to install and maintain parking space markings to
indicate parking spaces adjacent to curbings where authorized parking is permitted.
(b) No motor vehicle shall occupy more than one such parking space unless the size of the parked
vehicle obviates the use of a single space. When the use of any parking space is regulated by a
meter, the meter regulating each such utilized space must be in an active and unexpired
condition.
(c) No vehicle shall be stopped, left standing or parked in a space which is already occupied by
another vehicle, except that several motorcycles, motor-driven cycles, mopeds, or motorized
bicycles may occupy a single space, provided that no such vehicle is positioned so that it
occupies two (2) adjacent spaces. Where a space is regulated by a parking meter, all vehicles
within the space are in violation if parking time has expired. (1155-8/65,2295-9/78,2327-2/79)
10.40.240 No stopping zones.
(a) The Director of Public Works shall place and maintain appropriate signs indicating that
stopping of vehicles is prohibited and indicating the hours and days when stopping is
prohibited when no stopping zones have been established by resolution of the Council.
(b) During the hours and days designated on the signs, it shall be unlawful for the operator of any
vehicle to stop the vehicle on any of the streets or parts of streets established as no stopping
zones. (1136-5/65, 1155-8/65)
10.40.250 Painting of curbs. No person, unless authorized by this city, shall paint any street or
curb surfaces; provided, however, that this section shall not apply to the painting of numbers on a
curb surface by any person who has complied with the provisions of any official action of this city
pertaining thereto. (1155-8/65)
10.40.260 General parking regulations--Enforcement. The provisions of this title regulating
the stopping, standing or parking of a vehicle shall be enforced by officers, reserve officers,
service officers and cadets of the Police Department and marine safety officers and such special
officers of the Community Services Department, Community Development Department, and the
Department of Public Works as are assigned and authorized by the Chief of Police. (632-11/55,
1121-3165, 1155-8/65, Urg Ord 1510-6169,2124-1177,2247-1/78,3340-12/96)
2197
Huntington Beach Municipal Code 10.40.270--10.40.280
10.40.270 Parking areas on private property--Maintenance--Parking prohibited.
(a) The owners of any private property in the City of Huntington Beach, which property has been
declared by resolution of the City Council to have areas of traffic congestion and a danger to
vehicles and pedestrians and an obstruction of emergency vehicles, shall maintain the
designated no parking and restricted parking areas by appropriate signs and/or paint upon the
curb surface according to standards established by the Director of Public Works.
(b) When curb markings and/or signs are in place, no operator of any vehicle shall park said
vehicle adjacent to any curb marking and/or sign. A violation of this section is an infraction
and, upon conviction thereof, shall be punishable by a fine not to exceed $100. (2204-8/77)
10.40.275 Vacant real property--Posting. Vacant real property shall be posted to prohibit
littering, dumping of waste materials, parking of motor vehicles, and trespassing in accordance
with the following:
(a) Posting Requirement. Every person owning or in possession of vacant real property located
in the city within two thousand (2000) feet of the mean high tide line of the Pacific Ocean
shall post such real property with at least two (2) signs per parcel, displayed at intervals not
more than one hundred (100) feet apart, along all exterior boundaries and at all roads and
trails entering the property. Such signs shall forbid trespassing, littering, parking motor
vehicles, and dumping refuse, as defined in Section 8.20.010(h), on such property.
(b) Applicability. "Vacant real property," as used in this section, shall include all uncultivated real
property within two thousand (2000) feet of the mean high tide line of the Pacific Ocean
which is not enclosed by a perimeter fence, and on which there are no permitted structures for
residential, commercial, or industrial uses. Property on which there are no structures other
than oil wells and outbuildings shall not be exempt from this section.
(c) Exemptions. The following are exempt:
(1) Property enclosed by a perimeter fence at least five (5) feet high, secured by locked gates;
(2) Property occupied by or in possession of a public entity or property dedicated to public
use;
(3) Any parcel with an area less than ten thousand (10,000) square feet shall be exempt from
the posting requirement so long as the total area of such parcel, plus the area of all
adjoining and contiguous parcels of vacant real property, do not exceed ten thousand
(10,000) square feet.
(d) Sins. The signs shall be at least twelve (12) inches wide and eighteen (18) inches high, and
shall meet the specifications established by the Director of Community Development and the
requirements of California Vehicle Code Section 22658.
(e) No portion of this section shall be construed as restricting a private owner in the lawful use of
his or her own property unless the use creates a public health or safety hazard, a public
nuisance, or a fire hazard. (Urg Ord 2767-5/85)
10.40.280 Violation--Penalty. Any person violating any provision of this chapter shall, upon
conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed $100.
(2276-5/78)
2/97
Huntington Beach Municipal Code 10.40.010-10.40.030
Chapter 10.40
GENERAL PARKING REGULATIONS
(255-2/23,268-1/24,322-1/29,505-2/47,632-11/55,692A-9/58,846-7/61,1047-5/64, 1051-5/64, 1070-8/64, 1121-3/65, 1136-5/65,
1155-8/65,Urg Ord 1510-6/69, 1577-6170,2044-5/76,2124-1/77,2177-4177,2204-8/77,2247-1178,2276-5/78,2294-8/78,
2295-9/78,2327-2/79,2520-12/81,Urg Ord 2767-5/85,3113-6/91,3340-12/96)
Sections:
10.40.010 Applicability
10.40.020 More restrictive provisions apply
10.40.030 Stopping or standing in parkways prohibited
10.40.040 Zones and areas maintained
10.40.050, No parking areas
10.40.060 Storing vehicles in street prohibited
10.40.070 Repealed Ordinance No. 2692, 4 July 1984
10.40.080 Repairing or greasing in street
10.40.090 Washing or polishing vehicles for charge
10.40.100 Parking--Adjacent to schools
10.40.110 Parking--Prohibited on narrow streets
10.40.115 Fire lanes, access ways and roadways--Parking prohibited
10.40.120 Parking--Highway grade
10.40.125 Parking of vehicles for sale--Prohibited
10.40.130 Parking--Peddlers and vendors
10.40.140 Food-vending vehicles--Permit required
10.40.150 Vehicles used for property transportation
10.40.160 Permit--Compliance--Revocation
10.40.170 Emergency parking signs
10.40.180 Disabled commercial vehicle--Warning signals
10.40.190 One-way streets--Parallel parking
10.40.200 Diagonal parking
10.40.210 Angle parking--Minimum road width
10.40.220 Angle parking--One side of street
10.40.230 Parking space markings
10.40.240 No stopping zones
10.40.250 Painting of curbs
10.40.260 General parking regulations--Enforcement
10.40.270 Parking areas on private property--Maintenance--Parking prohibited
10.40.275 Vacant real property--Posting
10.40.280 Violation--Penalty.
10.40.010 Applicability. The provisions of this title regulating the stopping, standing or
parking of a vehicle shall apply at all times or at those times herein specified, except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device. (1155-8/65)
10.40.020 More restrictive provisions apply. The provisions of this title imposing a time limit
on standing or parking shall not relieve any person from the duty to observe other and more
restrictive provisions of the Vehicle Code or the ordinance of this city prohibiting or limiting the
standing or parking of vehicles in specified places or at specified times. (1155-8/65)
10.40.030 Stopping or standing in parkways prohibited. No person shall stop, stand or park
a vehicle within any parkway. (1155-8/65)
1 12/96
10.40.040-10.40.050(i) Huntington Beach Municipal Code
10.40.040 Zones and areas maintained.
(a) The Director of Public Works is authorized to maintain,by appropriate signs or by paint
upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as
defined and described in this title.
(b) When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or
park such vehicle adjacent to any such legible curb marking or sign in violation of any of the
provisions of this chapter. (255-2/23,322-1/29,692A-9/58, 1051-5/64)
10.40.050 No parking areas. No operator of any vehicle shall stop, stand, park or leave
standing such vehicle in any of the following places, except when necessary to avoid conflict
with other traffic or in compliance with the direction of a police officer or other authorized
officer, or traffic signal:
(a) On either side of any street between the projected property lines of any public walk,public
steps, street or thoroughfare terminating at such street, when such area is indicated by
appropriate signs or by red paint upon the curb surface;
I
(b) Within any divisional island unless authorized and clearly indicated with appropriate signs or
markings;
(c) In any area where the Director of Public Works or Director of Community Development
determines that the parking or stopping of a vehicle would constitute a traffic hazard or
would endanger life or property when such area is indicated by appropriate signs or by red
paint upon the curb surface;
(d) In any area established by resolution of the council as a no parking area, when such area is
indicated by appropriate signs or by red paint upon the curb surface;
(e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the
movement of any car traveling upon such track;
(f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or
would endanger life or property;
(g) On any street or highway where the use of such street or highway or a portion thereof is
necessary for the cleaning, repair or construction of the street or highway or the installation
of underground utilities or where the use of the street or highway or any portion thereof is
authorized for a purpose other than the normal flow of traffic or where the use of the street or
highway or any portion thereof is necessary for the movement of equipment, articles or
structures of unusual size, and the parking of such vehicle would prohibit or interfere with
such use or movement; provided that signs giving notice of such no parking are erected or
placed at least twenty-four(24)hours prior to the effective time of such no parking;
(h) At any place within twenty (20) feet of a point on the curb immediately opposite the mid-
block end of a safety zone, when such place is indicated by appropriate signs or by red paint
upon the curb surface;
(i) At the place within twenty (20) feet of a crosswalk at an intersection when such place is
indicated by appropriate signs or by red paint upon the curb surface except that a bus may
stop at a designated bus stop;
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Huntington Beach Municipal Code 10.40.0500)-10.40.115
(j) Within twenty (20) feet of the approach of any traffic signal, stop sign or official electric
flashing device,when such place is indicated by appropriate signs or by red paint upon the
curb surface;
(k) In any area where the Director of Public Works or the Director of Community Development
or any person in lawful possession of an off-street parking area has designated stalls or spaces
in an off-street parking facility for the exclusive use of physically-handicapped persons
whose vehicles display either one of the distinguishing license plates issued to disabled
persons pursuant to section 22511.5 of the California Vehicle Code and where such space is
clearly marked by the painting of a blue curb or by posting immediately adjacent to, and
visible from, each stall or space, a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background or by both such blue curb and sign.(255-2/23,322-1/29,
505-2/47,692A-9/58, 1051-5/64, 1155-8/65,2044-5/76)
10.40.060 Storing vehicles in street prohibited. No person who owns or has possession,
custody or control of any vehicle shall park, store, stand or leave standing any vehicle upon any
street or alley for more than a consecutive period of seventy-two (72) hours. (632-11/55, 1121-3/65,
1155-8/65,2177-4/77)
10.40.080 Repairing or greasing in street. No person shall construct or cause to be
constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be
dismantled, any vehicle or any part thereof upon any public street in this city. Temporary
emergency repairs may be made upon a public street. (1047-5/64, 1070-8/64, 1155-8/65)
10.40.090 Washing or polishing vehicles for charge. No person shall wash or cause to be
washed, polish or cause to be polished any vehicle or any part thereof upon any public street in
this city, when a charge is made for such service. (1155-8/65)
10.40.100 Parking--Adjacent to schools.
(a) The Director of Public Works is authorized to erect signs indicating no parking upon that side
of any street adjacent to any school property when such parking would, in his opinion,
interfere with traffic or create a hazardous situation.
(b) When official signs are erected prohibiting parking upon that side of a street adjacent to any
school property, no person shall park a vehicle in any such designated place. (1155-8/65)
10.40.110 Parking--Prohibited on narrow streets.
(a) The Director of Public Works is authorized to place signs or markings indicating no parking
upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one
side of a street as indicated by such signs or markings when the width of the roadway does
not exceed thirty (30) feet.
(b) When official signs or markings prohibiting parking are erected upon narrow streets as
authorized herein, no person shall park a vehicle upon any such street in violation of any such
sign or marking. (1155-8/65)
10.40.115 Fire lanes, access ways and roadways--Parking prohibited. No person shall park
any vehicle or place any object in any fire lane, clearly designated as such by appropriate signs or
by red paint upon the curb surface, or park or place any object, obstruction or vehicle in, on or
. across an established or designated exit, driveway, alleyway, or access road, whether public or
private, in such manner as to hamper the movement of any emergency vehicles and equipment in
12/96
10.40.115-10.40.130(b) Huntington Beach Municipal Code
the event of fire or other emergency. This prohibition applies to, but is not limited to, areas in \
and about any church,hospital, assembly hall, lodge hall, school,hotel,motel, condominium,
apartment building, theater, industrial complex, motion picture theater, stadium, shopping center,
restaurant, tent, or other place of public assembly, whether open or closed.
Any vehicle parked or any object placed in a fire lane or any of the aforementioned areas shall be
subject to immediate removal and storage,pursuant to law. (2520-12/81)
10.40.120 Parking--Highway grade. No person shall park or leave standing any vehicle
unattended on a highway when upon any grade exceeding 3 percent without blocking the wheels
of the vehicle by turning them against the curb or by other means. (1155-8/65)
10.40.125 Parking of vehicles for sale--Prohibited.
(a) No person shall park a vehicle upon a public or private street,parking lot or any public or
private property for the purpose of displaying such vehicle thereon for sale, hire or rental,
unless the property is duly licensed and zoned by the city to transact that type of business at
that location.
(b) Subsection (a) of this section shall not prohibit persons from parking vehicles on private
residential property, belonging to the owner of the vehicle, nor on the public street
immediately adjacent to said private residential property.
(c) Subsection (a) of this section shall not prohibit persons from parking vehicles on private
property, other than their own, when they have obtained written permission from the property
owner to do so. Said written permission must bear the date permission was granted, must
include the name, address and telephone number of the property owner, and must be
displayed in or upon the vehicle in such a manner that it is easily readable from outside the
vehicle.
(d) The Director of Community Development, or his designee, is authorized to enforce
provisions of this section pursuant to section 836.5 of the California Penal Code. (2294-8/78)
10.40.130 Parking--Peddlers and vendors. (3113-6/91)
(a) Hours of operation. Peddlers and vendors shall be allowed to engage in the business of
vending only between 7 a.m. and 7 p.m. When Temporary Vending Permits are sought for
special events, the applicant may request from the City an exception to the usual hours of
operation. All stands used for vending must be removed from public property during non-
operating hours. (322-1129, 1155-8/65,3113-6/91)
(b) Vending hours and location. Except as otherwise provided in Sections 10.40.130 through
10.40.160, no person shall stand or park any vehicle, wagon or pushcart from which goods,
wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered
for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion
of any street within this City except that such vehicles,wagons or pushcarts may only
conduct business in each location for a period of thirty (30) minutes at a time. At the end of
that period, such peddlers of vendors must move to a new vending location at least five
hundred (500) feet from the previous location. No electrical cords can be run across or over
sidewalks or streets to vending trucks. No sales off street side of vending trucks. Any
vehicle posing a potential traffic hazard must move immediately when requested to do so by
a police officer. All vending stands must be removed from public property during non-
vending hours. (3113-6/91)
12/96
Huntington Beach Municipal Code 10.40.130(c)-10.40.180
(c) .Special events. Peddlers and vendors wishing to conduct business at any special event shall
i apply to the City for a Temporary Vending License. Application for such a license must be
made at least thirty (30) days prior to the beginning of the event. Applicants must meet the
same application requirements as other peddlers and vendors. The license is valid only for
the duration of the special event. Peddlers and vendors granted a temporary license are
subject to the same operating regulations as other vendors, except where otherwise specified.
(3113-6/91)
(d) Removal of trash. All trash or debris accumulating within forty (40) feet of any vending
stand shall be collected by the peddler/vendor and deposited in a trash container. All
peddlers and vendors selling food or beverages must provide trash receptacles adjacent to or
as a part of their stands. (3113-6/91)
10.40.140 Food-vending vehicles--Permit required. No person shall park or stand on any
street any lunch wagon, eating cart or vehicle, or pushcart from which tamales,peanuts, popcorn,
candy, ice cream or other articles of food are sold or offered for sale without first obtaining a
written permit to do so from the Director of Public Works which shall designate the specific
location in which such cart shall stand. (322-1/29, 1155-8/65)
10.40.150 Vehicles used for property transportation. No person shall park or stand any
vehicle or wagon used or intended to be used in the transportation of property for hire on any
street while awaiting patronage for such vehicle or wagon without first obtaining a written permit
to do so from the Director of Public Works which shall designate the specific location where
such vehicle may stand. (322-1/29, 1155-8/65)
10.40.160 Permit--Compliance--Revocation. Whenever any permit is granted under the
. provisions of this chapter and a particular location to park or stand is specified therein, no person
shall park or stand any vehicle, wagon or pushcart on any location other than is designated in
such permit. In the event that the holder of any such permit is convicted in any court of
competent jurisdiction for violating any of the provisions of this chapter, such permit shall be
forthwith revoked by the Director of Public Works upon the filing of the record of such
conviction with such officer and no permit shall thereafter be issued to such person until six (6)
months have elapsed from the date of such revocation. (322-1/29, 1155-8/65)
10.40.170 Emergency larking signs.
(a) Whenever the Director of Public Works shall determine that an emergency traffic congestion
is likely to result from the holding of public or private assemblages, gatherings or functions,
or for other reasons,the Director of Public Works shall have the power and authority to order
temporary signs to be erected or posted indicating that the operation, parking or standing of
vehicles is prohibited on such streets and alleys, as the Director of Public Works shall direct,
during the time such temporary signs are in place. Such signs shall remain in place only
during the existence of such emergency and the Director of Public Works shall cause such
signs to be removed promptly thereafter.
(b) When signs authorized by the provisions of this section are in place giving notice thereof, no
person shall operate, park or stand any vehicle contrary to the directions of such signs.
(1155-8/65)
10.40.180 Disabled commercial vehicle--Warning signals. Every motor truck having an
unladen weight of four thousand (4000) pounds or more, and every truck tractor irrespective of
. weight when operated upon any street or highway during darkness, shall be equipped with and
carry at least two (2) flares or two (2) red lanterns or two (2) warning lights or reflectors, which
12/96
10.40.180--10.40.210 Huntington Beach Municipal Code
reflectors shall be of a type approved by the California Department of Highway Patrol. When \
any vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways
outside of any business or residence district within this city, and upon which street or highway
there is insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet
during darkness, a warning signal of the character indicated above.shall be immediately placed at
a distance of approximately one hundred(100) feet in advance of, and one hundred(100) feet to
the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four
(4) approved Class A, Type I turn signal lamps,at least two (2)toward the front and at least two
(2)toward the rear of the vehicle, shall be considered to meet the requirements of this section
until the devices mentioned above can be placed in the required locations. The warning signals
herein mentioned shall be displayed continuously during darkness while such vehicle remains
disabled upon such street and highway. (1155-8/65)
10.40.190 One-way streets--Parallel parking.
(a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within
eighteen(18) inches of the left-hand curb facing in the direction of traffic movement upon
any one-way street unless signs are in place prohibiting such stopping or standing.
(b)In the event a highway includes two (2) or more separate roadways and traffic is restricted to
one direction upon any such roadway, no person shall stand or park a vehicle upon the left-
hand side of such one-way roadway unless signs are in place permitting such standing or
parking.
(c) The Director of Public Works is authorized to determine when standing or parking shall be
prohibited upon the left-hand side of any one-way street or when standing or parking may be
permitted upon the left-hand side of any one-way roadway of a highway having two (2) or
more separate roadways and shall erect signs giving notice thereof.
(d) The requirement of parallel parking imposed by this section shall not apply in the event any
commercial vehicle is actually engaged in the process of loading or unloading freight or
goods, in which case such vehicle may be backed up to the curb,provided that such vehicle
does not extend beyond the centerline of the street and does not block traffic thereby.
(1121-3/65, 1155-8/65)
10.40.200 Diagonal parking.
(a) On any of the streets or portions of streets established by resolution of the council as diagonal
parking zones, when signs or pavement markings are in place indicating such diagonal
parking, it shall be unlawful for the operator of any vehicle to park said vehicle except:
(1) At the angle to the curb indicated by signs or pavement markings allotting space to
parked vehicles and entirely within the limits of said allotted space;
(2) With the front wheel nearest the curb within six(6) inches of said curb.
(b) The provisions of this section shall not apply when such vehicle is actually engaged in the
process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in section 10.40.190 shall be complied with. (255-2/23,268-1/24,322-1/29,846-7/61,
1155-8/65)
10.40.210 Angle parking--Minimum road width. Angle parking shall not be permitted upon
any street where parking would diminish the width of the roadway available for travel to less
than twenty-four(24) feet or upon any street which is a portion of the city's master plan of
arterial streets and highways. (1155-8/65, 1577-6/70)
12/96
Huntington Beach Municipal Code 10.40.220-10.40.270(b)
. 10.40.220 Angle narking--One side of street. The Director of Public Works is authorized to
prohibit the parking of vehicles, provided appropriate signs are placed and maintained to give
notice thereof, on one side of a street in any block where angle parking is permitted on the
opposite side of the street in such block. (322-1/29, 1155-8/65)
10.40.230 Parking space markings.
(a) The Director of Public Works is authorized to install and maintain parking space markings to
indicate parking spaces adjacent to curbings where authorized parking is permitted.
(b) No motor vehicle shall occupy more than one such parking space unless the size of the
parked vehicle obviates the use of a single space. When the use of any parking space is
regulated by a meter,the meter regulating each such utilized space must be in an active and
unexpired condition.
(c) No vehicle shall be stopped, left standing or parked in a space which is already occupied by
another vehicle, except that several motorcycles, motor-driven cycles, mopeds, or motorized
bicycles may occupy a single space, provided that no such vehicle is positioned so that it
occupies two (2) adjacent spaces. Where a space is regulated by a parking meter, all vehicles
within the space are in violation if parking time has expired. (1155-8/65,2295-9/78,2327-2/79)
10.40.240 No stopping zones.
(a) The Director of Public Works shall place and maintain appropriate signs indicating that
stopping of vehicles is prohibited and indicating the hours and days when stopping is
prohibited when no stopping zones have been established by resolution of the council.
(b) During the hours and days designated on the signs, it shall be unlawful for the operator of any
vehicle to stop the vehicle on any of the streets or parts of streets established as no stopping
zones. (1136-5/65, 1155-8/65)
10.40.250 Painting of curbs. No person, unless authorized by this city, shall paint any street or
curb surfaces; provided, however, that this section shall not apply to the painting of numbers on a
curb surface by any person who has complied with the provisions of any official action of this
city pertaining thereto. (1155-8/65)
10.40.260 General parking regulations--Enforcement. The provisions of this title regulating
the stopping, standing or parking of a vehicle shall be enforced by officers, reserve officers,
service officers and cadets of the police department and marine safety officers and such special
officers of the Community Services Department, Community Development Department, and the
Department of Public Works as are assigned and authorized by the Chief of Police. (632-11/55,
1121-3/65, 1155-8/65,Urg Ord 1510-6/69,2124-1/77,2247-1/78,3340-12/96)
10.40.270 Parking areas on private property--Maintenance--Parking prohibited.
(a) The owners of any private property in the City of Huntington Beach, which property has been
declared by resolution of the City Council to have areas of traffic congestion and a danger to
vehicles and pedestrians and an obstruction of emergency vehicles, shall maintain the
designated no parking and restricted parking areas by appropriate signs and/or paint upon the
curb surface according to standards established by the Director of Public Works.
M (b) When curb markings and/or signs are in place, no operator of any vehicle shall park said
vehicle adjacent to any curb marking and/or sign. A violation of this section is an infraction
and, upon conviction thereof, shall be punishable by a fine not to exceed $100. (2204-8/77)
12/96
10.40.275-10.40.280 Huntington Beach Municipal Code
10.40.275 Vacant real property--Posting. Vacant real property shall be posted to prohibit
littering, dumping of waste materials,parking of motor vehicles, and trespassing in accordance
with the following: _
(a) Posting Requirement. Every person owning or in possession of vacant real property located
in the city within two thousand(2000) feet of the mean high tide line of the Pacific Ocean
shall post such real property with at least two (2) signs per parcel, displayed at intervals not
more than one hundred (100) feet apart, along all exterior boundaries and at all roads and
trails entering the property. Such signs shall forbid trespassing, littering,parking motor
vehicles, and dumping refuse, as defined in section 8.20.010(h), on such property.
(b) Applicability. "Vacant real property," as used in this section, shall include all uncultivated
real property within two thousand (2000) feet of the mean high tide line of the Pacific Ocean
which is not enclosed by a perimeter fence, and on which there are no permitted structures for
residential, commercial, or industrial uses. Property on which there are no structures other
than oil wells and outbuildings shall not be exempt from this section.
(c) Exemptions. The following are exempt:
(1) Property enclosed by a perimeter fence at least five (5) feet high, secured by locked
gates;
(2) Property occupied by or in possession of a public entity or property dedicated to public
use;
(3) Any parcel with an area less than ten thousand(10,000) square feet shall be exempt from
the posting requirement so long as the total area of such parcel, plus the area of all
adjoining and contiguous parcels of vacant real property, do not exceed ten thousand
(10,000) square feet.
(d) Signs. The signs shall be at least twelve (12) inches wide and eighteen(18) inches high, and
shall meet the specifications established by the Director of Community Development and the
requirements of California Vehicle Code section 22658.
(e) No portion of this section shall be construed as restricting a private owner in the lawful use of
his or her own property unless the use creates a public health or safety hazard, a public
nuisance, or a fire hazard. (urg Ord 2767-5/85)
10.40.280 Violation--Penalty. Any person violating any provision of this chapter shall, upon
conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed $100.
(2276-5/78)
12/96
k
HUNTINGTON BEA CH
ZONING ORDINANCE
UPDATES
(Effective 1/15/97)
Please Remove from Code Please Add to Code
Zoning Ordinance Zoning Ordinance
Cross Reference Index Cross Reference Index
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
970115
Huntington Beach Zoning and Subdivision Ordinance —6/21/96
FOR REFERENCE ONLY
ZONING MAP CROSS REFERENCE
All properties currently depicted on the zoning maps have been rezoned/renamed as shown
- on the following table. Properties located in the Coastal Zone will be regulated by the Local
Coastal Program until the Coastal Commission approves the new zoning and subdivision
ordinance, except those properties for which the LCP does not include specific zoning
provisions, the following shall also apply.
:>::>:;;::>;;:..;,:.::.:.::::..:.::.:::;:..>;::>:>::;»:;:.;:>:::::::.:.::; :N W:ZONING`..-:
;OLD::ZONING. . ,... . . E
RA Residential Agriculture RA Residential Agriculture
R1 Single Family Residential RL Low Density Residential
R2 Medium Density Residential RM Medium Density Residential
R3 Medium High Density Residential RMH Medium High Density Residential
R4 High Density Residential RH High Density Residential
OT-1 Oldtown, District One RMH-A Medium High Density Residential-
Small Lot subdistrict
OT-2, Oldtown, District Two RMH-A Medium High Density Residential-
Small Lot subdistrict
TL-A, Townlot Specific Plan Area One, Section A RMH-A Medium High Density Residential-
Small Lot subdistrict
TL-B, Townlot Specific Plan Area One, Section B RMH-A Medium High Density Residential-
Small Lot subdistrict
MH Mobilehome RMP Manufactured Home Park
-PD Planned Development Suffix Deleted
-MFH Manufactured Home Suffix Deleted
-SR Senior Residential Suffix Deleted
OP Office Professional CO Office Commercial
C1 Neighborhood Commercial CG General Commercial
C2 Community Business CG General Commercial
C4 Highway Commercial CG General Commercial
VSC Visitor Serving Commercial CV Visitor Commercial
M1-A Restricted Manufacturing IL Limited Industrial
M1 Light Industrial IG General Industrial
M2 Industrial IG General Industrial
SP-1 Special Zone-Cemeteries PS Public-Semipublic
SP-2 Special Zone-Cemeteries CG General Commercial
ROS Recreational Open Space OS-PR Open Space-Parks and Recreation subdistrict
S1 Shoreline OS-S Open Space-Shoreline subdistrict
CC Coastal Conservation OS-C Open Space-Conservation subdidstrict
WR Water Recreation OS-WR Open Space-Water subdistrict
-CD Civic District Suffix deleted
-MS Multi-Story Suffix H High Rise Overlay
Q Qualified Classification subject to future zoning map amendment
LUD Limited Use District subject to future zoning map amendment
-0, -01 Oil Suffix -0, -01 Oil Overlay
-FP1, -FP2, -FP3 Flood lain Suffix -FP1, -FP2, -FP3 Flood lain Overlay
-CZ Coastal Zone Suffix -CZ CoastalZone Overlay
North Huntington Center Specific Plan Specific Plan 1
Pacifica Community Plan Specific Plan 2
Seabrid e Specific Plan Specific Plan 3
Huntington Harbour Bay Club Specific Plan Specific Plan 4
Downtown Specific Plan Specific Plan 5
Seacliff Specific Plan S ecific Plan 6
Ellis-Goldenwest Specific Plan Specific Plan 7
Meadowlark Specific Plan Specific Plan 8
Holl -Seacliff Specific Plan Specific Plan 9
Magnolia Pacific Specific Plan Specific Plan 10
CF-E Community Facilities-Educational PS Public-Semipublic
CF-C Community Facilities-Civic Uses PS Public-Semipublic
CF-H Community Facilities-Hospitals I PS Public-Semipublic
CF-R Community Facilities-Parks I OS-PR Open Space-Parks and Recreation
Huntington Beach Zoning and Subdivision Ordinance -6/21/96
0
s
FOR REFERENCE ONLY
Zoning Districts Legislative History
(495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61, 822-4/61, 880-1/62, 881-1/62,
1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71, 1845-7/73, 1944-11/74, 1988-7/75,
2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81, 2490-7/81, Urg. 2604-1/73, 2620-7/83,
2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86,
2905-A-1 1/87, 3028-2/90, 3029-2190, 3030-2/90, 3033-5/90, 3098-4/91, 3102-4/91,
3120-8/91, 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7192,
3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92,
3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92, 3211-10/93, 3233-5/94, 3239-11/94,
3244-9/94, 3245-9/94, 3252-11/94, 3258-12/94, 3275-4/95, 3276-4/95, 3279-5/95,
3280-5/95, 3287-8/95, 3297-9/95, 3325-5/96)
Specific Plans Legislative History
(495-6/46, 731-10/59, 737-12/59, 807-1/61, 822-4/61, 880-1/62, 881-1/62, 1564-4/70,
1565-4/70, 1599-10/70, 1677-11/71, 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76,
2134-1/77, 2199-7/77, 2488-5/81, 2490-7/81, Urg. 2604-1/73, 2620-7/83, 2641-10/83,
2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86,
2905-A-1 1/87, 3279-5/95, 3280-5/95, 3287-8/95, 3314-2/96)
District Maps Legislative History
(737-12/59, 754-4/60, 2830-5186, 2905-A-1 1/87, 3028-2/90, 3029-2/90, 3030-2/90,
3033-5/90, 3098-4/91, 3102-4/91, 3120-8/91, 3126-1/92, 3128-5/92, 3142-6/92,
3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92,
3159-7/92, 3160-7/92, 3166-9/92, 3167-9192, 3168-9/92, 3164-10/92, 3177-12/92,
3211-10/93, 3233-5/94, 3243-9/94, 3245-9/94, 3258-12/94, 3275-4/95, 3276-4/95,
3297-9/95, 3314-2/96, 3325-5/96)
8/95
HUNTINGTON BEA CH
MUNICIPAL CODE UPDATES
(Effective 1/1/97)
Please Remove from Code Please Add to Code
Chapter 17.66 1 Chapter 17.66
; <<< ' EA E .N 'I'E
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s s .ease call Laura a14 : ' *::.
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648 �,�
Connie Brockway, City Clerk
Questions regarding these updates? 1
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
HUNTINGTON BEA CH
MUNICIPAL CODE UPDATES
(Effective 1/1/97)
Please Remove from Code Please Add to Code
Chapter 17.66 Chapter 17.66
:.<::........: .
OEE«
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Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
Huntington Beach Municipal Code 17.66.10-17.66.020(i)
Chapter 17.66
LIBRARY DEVELOPMENT FEE
(3333-11/96,3344-1/97)
Sections:
17.66.010 Purpose
17.66.020 Definitions
17.66.030 Establishment of a Library Development Fee
17.66.040 Exceptions
17.66.045 Calculation of Required Fees
17.66.050 Payment of Fees
17.66.060 Fee Adjustments
17.66.070 Fee Refunds
17.66.010 Purpose. The purpose of this Chapter is to establish a Library Development Fee that
imposes upon future Development Projects an equitable share of the cost of mitigating future
Library Facility needs created by such projects. (3333-11/96)
17.66.020 Definitions. For the purposes of this Chapter, the following terms shall be defined as
f011OWS: (3333-11/96)
(a) "Building and Safety Director" shall mean the Building and Safety Director of the City of
Huntington Beach or his/her designee. (3333-11/96)
(b) "Commercial or Industrial Development Project" shall mean the construction of new Floor
Area on a lot in any of the Non-Residential Zoning Districts of the City. (3333-11/96)
(c) "Development Project" means any residential, commercial or industrial Development
Project. (3333-11/96)
(d) "Governmental or Public Facilities"shall mean publicly owned buildings and structures used
for the purposes of conducting City, County, State or Federal Government business. Such
facilities shall include, but not be limited to, city halls,police and fire stations, offices,
equipment yards, sanitation facilities, schools, recreation centers, and similar facilities.
Private commercial Development Projects leasing publicly owned land shall not be
considered Governmental or Public Facilities. (3333-11/96)
(e) "Floor Area" shall mean the area of all floors and levels as defined in the Huntington Beach
Building Code. (3333-11/96)
(f) "Library Facilities" means library building space and Library Materials, which are owned and
operated by the City of Huntington Beach. (3333-11/96)
(g) "Library Materials" means books,magazines,video cassettes, compact disks, computer
programs, and other reference and circulation materials. (3333-11/96)
(h) "Planning Director" shall mean the Planning Director of the City of Huntington Beach, or his
or her designee. (3333-11/96)
(i) "Residential Development Project" shall mean the construction of a dwelling unit on a lot in
any of the residential zoning districts of the City. For purposes of this Chapter, the addition
of Floor Area shall be considered construction of a Residential Development Project if the
additional Floor Area exceeds fifty (50) percent of the existing Floor Area, as determined by
the Building and Safety Director. (3333-11/96)
1197
17.66.30--17.66.060(b) Huntington Beach Municipal Cpde
17.66.030 Establishment of a Library Development Fee. Except as otherwise provided in this
Chapter, the applicant for a building permit for a Development Project shall pay a Library
Development Fee in an amount establishment by resolution of the City Council. (3333-11/96)
17.66.040 Exceptions. The following development activities shall be exempt from the
requirement of a payment of a Library Development Fee: (3333-11/96)
(a) Governmental or Public Facilities. (3333-11/96)
(b) Churches, temples, synagogues, and other buildings or structures used for religious worship.
(3333-11/96)
(c) Private schools which meet the requirements contained in California Education Code
§ 48222, or its successor, so that attendance at such schools complies with California
compulsory education requirements. (3333-11/96)
(d) In order to ensure that the Library Development Fee requirement set forth in this Chapter will
not be contrary to the public interest or prevent the development of a public service project,
the City Council may waive all, or any portion of the fee if the Council determines that a
development will serve a public purpose or satisfy a public need and that the fee will hinder
such development. (3333-11/96)
17.66.045 Calculation of Required Fees. The Building and Safety Director shall calculate the
fees required by this Chapter prior to the issuance of the building permit for a Development
Project. (3333-11/96,3344-1/97)
17.66.050 Payment of Fees. The payment of fees required by this Chapter shall be made
according to the following procedures: (3333-11/96)
(a) Payment Procedure for Commercial or Industrial Development Projects. Fees required by this
Chapter from a Commercial or Industrial Development Project shall be paid at the time that
the City issues a building permit for the project. (3333-11/96)
(b) Payment Procedure for Residential Development Projects. The fee required by this Chapter
from a Residential Development Project shall be paid before final inspection of the dwelling
unit on which the fee was imposed. However,the Planning Director may adopt procedures to
advance the time the fee is due on Residential Development Projects consistent with
Government Code § 66007, as amended. (3333-11/96,3344-1/97)
17.66.060 Fee Adjustments. Any person subject to a fee required by this Chapter may apply to
the City Council for a reduction, adjustment or waiver of that fee based upon the absence of a
reasonable relationship between the impact of that person's Development Project on Library
Facilities demand in the City of Huntington Beach and either the amount of the fee charged or
the type of facilities to be provided. (3333-11/96)
(a) Application. There shall be a separate application for each fee adjustment request made
pursuant to this Section. Such application shall be made on forms provided by the Planning
Director and shall be filed with the City Clerk not later than: (1)thirty (30) days prior to the
public hearing on a land use entitlement application for the Development Project or(2) if no
such permit is required,the time of application for a building permit for the Development
Project. Each application shall state in detail the factual basis for the request for reduction,
adjustment or waiver. (3333-11/96)
(b) Hearing. The Planning Commission shall consider the fee adjustment application at the
public hearing regarding the application for a Development Permit, or,when no public
1197
Huntington Beach Municipal Code 17.66.60(b)--17.66.070(b)
hearing regarding a development permit is required, at a separate hearing by the Planning
Commission within sixty (60) days after the fee adjustment application is deemed complete
by the City Clerk. (3333-11196)
(c) Anneal. Any interested person may appeal the decision of the Planning Commission to the
City Council. (3333-11/96)
17.66.070 Fee Refunds. Upon application, fees collected by the City pursuant to this Chapter
shall be refunded under the following circumstances: (3333-11/96)
(a) Fees collected pursuant to this Chapter are erroneously or illegally collected. An application
for refund pursuant to this subsection (a) shall be filed with the Building and Safety Director
no later than ninety (90) days after the initial payment of the fee pursuant to § 17.66.050 of
this Chapter. (3333-11/96)
(b) The building permit expires, and no extension has been granted, for the Development Project
upon which fees were imposed pursuant to this Chapter. An application for refund pursuant
to this subsection (b) shall be filed with the Building and Safety Director no later than ninety
(90) days after expiration of the building permit. (3333-11/96)
1/97
� F
HUNTINGTON BEA CH
MUNICIPAL CODE UPDATES
(Effective 11/2/96)
Please Remove from Code Please Add to Code
-- Chapter 17.66
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
961102.doc
Huntington Beach Municipal Code 17.66.10--17.66.020(i)
Chapter 17.66
LIBRARY DEVELOPMENT FEE
(3333-11/96)
Sections:
17.66.010 Purpose
17.66.020 Definitions
17.66.030 Establishment of a Library Development Fee
17.66.040 Exceptions
17.66.040 Calculation of Required Fees
17.66.050 Payment of Fees
17.66.060 Fee Adjustments
17.66.070 Fee Refunds
17.66.010 Purpose. The purpose of this Chapter is to establish a Library Development Fee that
imposes upon future Development Projects an equitable share of the cost of mitigating future
Library Facility needs created by such projects. (3333-11/96)
17.66.020 Definitions. For the purposes of this Chapter, the following terms shall be defined as
f011OWS: (3333-11/96)
(a) `Building and Safety Director" shall mean the Building and Safety Director of the City of
Huntington Beach or his/her designee. (3333-11/96)
(b) "Commercial or Industrial Development Project" shall mean the construction of new Floor
Area on a lot in any of the Non-Residential Zoning Districts of the City. (3333-11/96)
(c) "Development Project" means any residential, commercial or industrial Development
Project. (3333-11/96)
(d) "Governmental or Public Facilities" shall mean publicly owned buildings and structures used
for the purposes of conducting City, County, State or Federal Government business. Such
facilities shall include, but not be limited to, city halls, police and fire stations, offices,
equipment yards, sanitation facilities, schools, recreation centers, and similar facilities.
Private commercial Development Projects leasing publicly owned land shall not be
considered Governmental or Public Facilities. (3333-11/96)
(e) "Floor Area" shall mean the area of all floors and levels as defined in the Huntington Beach
Building Code. (3333-11/96)
(f) "Library Facilities" means library building space and Library Materials, which are owned and
operated by the City of Huntington Beach. (3333-11/96)
(g) "Library Materials" means books, magazines, video cassettes, compact disks, computer
programs, and other reference and circulation materials. (3333-11/96)
(h) "Planning Director" shall mean the Planning Director of the City of Huntington Beach, or his
or her designee. (3333-11/96)
(i) "Residential Development Project" shall mean the construction of a dwelling unit on a lot in
any of the residential zoning districts of the City. For purposes of this Chapter, the addition
of Floor Area shall be considered construction of a Residential Development Project if the
additional Floor Area exceeds fifty (50) percent of the existing Floor Area, as determined by
the Building and Safety Director. (3333-11/96)
11/96
17
17.66.30--17.66.050(b) Huntington Beach Municipal Code
4
17.66.030 Establishment of a Library Development Fee. Except as otherwise provided in this
Chapter, the applicant for a building permit for a Development Project shall pay a Library �.
Development Fee in an amount establishment by resolution of the City Council. (3333-11/96)
17.66.040 Exceptions. The following development activities shall be exempt from the
requirement of a payment of a Library Development Fee: (3333-11/96)
(a) Governmental or Public Facilities. (3333-11/96)
(b) Churches, temples, synagogues, and other buildings or structures used for religious worship.
(3333-11/96)
(c) Private schools which meet the requirements contained in California Education Code
§ 48222, or its successor, so that attendance at such schools complies with California
compulsory education requirements. (3333-11/96)
(d) In order to ensure that the Library Development Fee requirement set forth in this Chapter will
not be contrary to the public interest or prevent the development of a public service project,
the City Council may waive all, or any portion of the fee if the Council determines that a
development will serve a public purpose or satisfy a public need and that the fee will hinder
such development. (3333-11/96)
17.66.040 Calculation of Required Fees. The Building and Safety Director shall calculate the
fees required by this Chapter prior to the issuance of the first building permit for a Development
Project. (3333-11/96)
17.66.050 Payment of Fees. The payment of fees required by this Chapter shall be made
according to the following procedures: (3333-11/96)
(a) Payment Procedure for Commercial or Industrial Development Projects. Fees required by this
Chapter from a Commercial or Industrial Development Project shall be paid at the time that
the City issues a building permit for the project. (3333-11/96)
(b) Payment Procedure for Residential Development Projects. Fees required by this Chapter from
a Residential Development Project shall be paid before final inspection of the dwelling unit
on which fees are imposed. However, if a Residential Development Project contains more
that four (4) dwelling units, then the fees imposed by this Chapter on the entire development
shall be paid before final inspection of the first dwelling unit in that Project. For the purposes
of this Section, "final inspection" is defined as that term is defined in Government Code
§ 66007, as amended. (3333-11/96)
If the fee imposed by this Chapter on a Residential Development Project of more than four
(4) dwelling units is not paid before a building permit is issued for the first dwelling unit,the
dwelling unit developer shall enter into a contract with the City to pay those fees prior to
final inspection of the first dwelling unit in that Project. The contract shall be recorded in the
office of the Orange County Recorder and shall constitute a lien for the payment of fees
required by this Chapter. The lien shall be enforceable against successors in interest to the
initial holder of the building permit. (3333-11/96)
The contract shall also require the building permitholder to provide appropriate notification
of the opening of any escrow for the sale of the property for which the building permit is
issued and to provide in the escrow instructions that the fees required by this Chapter be paid
from the sale proceeds in escrow prior to disbursing proceeds to the seller. (3333-11/96)
11/96
Huntington Beach Municipal Code 17.66.60--17.66.070(b)
17.66.060 Fee Adjustments. Any person subject to a fee required by this Chapter may apply to
the City Council for a reduction, adjustment or waiver of that fee based upon the absence of a
reasonable relationship between the impact of that person's Development Project on Library
Facilities demand in the City of Huntington Beach and either the amount of the fee charged or
the type of facilities to be provided. (3333-11/96)
(a) Application. There shall be a separate application for each fee adjustment request made
pursuant to this Section. Such application shall be made on forms provided by the Planning
Director and shall be filed with the City Clerk not later than: (1) thirty (30) days prior to the
public hearing on a land use entitlement application for the Development Project or (2) if no
such permit is required, the time of application for a building permit for the Development
Project. Each application shall state in detail the factual basis for the request for reduction,
adjustment or waiver. (3333-11/96)
(b) Hearing. The Planning Commission shall consider the fee adjustment application at the
public hearing regarding the application for a Development Permit, or, when no public
hearing regarding a development permit is required, at a separate hearing by the Planning
Commission within sixty (60) days after the fee adjustment application is deemed complete
by the City Clerk. (3333-11/96)
(c) Appeal. Any interested person may appeal the decision of the Planning Commission to the
City Council. (3333-11/96)
17.66.070 Fee Refunds. Upon application, fees collected by the City pursuant to this Chapter
shall be refunded under the following circumstances: (3333-11/96)
(a) Fees collected pursuant to this Chapter are erroneously or illegally collected. An application
for refund pursuant to this subsection (a) shall be filed with the Building and Safety Director
no later than ninety (90) days after the initial payment of the fee pursuant to § 17.66.050 of
this Chapter. (3333-11/96)
(b) The building permit expires, and no extension has been granted, for the Development Project
upon which fees were imposed pursuant to this Chapter. An application for refund pursuant
to this subsection (b) shall be filed with the Building and Safety Director no later than ninety
(90) days after expiration of the building permit. (3333-11/96)
11/96
CITY OF HUNTINGTON BEACH
V-11) 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 16, 1996
Dear Municipal Code Subscriber:
This is to inform you that the Huntington Beach Municipal Code is now on
the INTERNET at
HTTP://WWW.HBSU -FCITY.CONI/CLERK
You may download it free of charge.
Updates continue to be available through the City Clerk's subscription
program.
At this time the Huntington Beach Zoning and Subdivision Ordinance is
only available through the subscription program, although our volunteer,
Richard Lorenz, is working toward getting it on the INTERNET in the
future.
If you have any questions or comments, please call me at (714) 536-5405.
Evelyn Schubert, CMC
Deputy City Clerk/Records Manager
(Telephone: 714-536-5227)
i
HUNTINGTON BEA CH
MUNICIPAL CODE UPDATES
(Effective 12/18/96)
Please Remove from Code Please Add to Code
Chapter 10.40 Chapter 10.40
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
714 374-1559 �\
961218.doc
t
Huntington Beach Municipal Code 10.40.010--10.40.030
Chapter 10.40
GENERAL PARKING REGULATIONS
(255-2/23,268-1/24,322-1/29,505-2/47,632-11/55,692A-9/58,846-7/61,1047-5/64, 1051-5/64, 1070-8/64, 1121-3/65, 1136-5/65,
1155-8/65, Urg Ord 1510-6/69, 1577-6/70,2044-5/76,2124-1/77,2177-4/77,2204-8/77,2247-1/78,2276-5/78,2294-8/78,
2295-9/78,2327-2/79,2520-12/81,Urg Ord 2767-5/85,3113-6/91,3340-12/96)
Sections:
10.40.010 Applicability
10.40.020 More restrictive provisions apply
10.40.030 Stopping or standing in parkways prohibited
10.40.040 Zones and areas maintained
10.40.050 No parking areas
10.40.060 Storing vehicles in street prohibited
10.40.070 Repealed Ordinance No. 2692, 4 July 1984
10.40.080 Repairing or greasing in street
10.40.090 Washing or polishing vehicles for charge
10.40.100 Parking--Adjacent to schools
10.40.110 Parking--Prohibited on narrow streets
10.40.115 Fire lanes, access ways and roadways--Parking prohibited
10.40.120 Parking--Highway grade
10.40.125 Parking of vehicles for sale--Prohibited
10.40.130 Parking--Peddlers and vendors
10.40.140 Food-vending vehicles--Permit required
10.40.150 Vehicles used for property transportation
10.40.160 Permit--Compliance--Revocation
10.40.170 Emergency parking signs
10.40.180 Disabled commercial vehicle--Warning signals
10.40.190 One-way streets--Parallel parking
10.40.200 Diagonal parking
10.40.210 Angle parking--Minimum road width
10.40.220 Angle parking--One side of street
10.40.230 Parking space markings
10.40.240 No stopping zones
10.40.250 Painting of curbs
10.40.260 General parking regulations--Enforcement
10.40.270 Parking areas on private property--Maintenance--Parking prohibited
10.40.275 Vacant real property--Posting
10.40.280 Violation--Penalty.
10.40.010 Applicability. The provisions of this title regulating the stopping, standing or
parking of a vehicle shall apply at all times or at those times herein specified, except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device. (1155-8/65)
10.40.020 More restrictive provisions apply. The provisions of this title imposing a time limit
on standing or parking shall not relieve any person from the duty to observe other and more
restrictive provisions of the Vehicle Code or the ordinance of this city prohibiting or limiting the
standing or parking of vehicles in specified places or at specified times. (1155-8/65)
10.40.030 Stopping or standing in parkways prohibited. No person shall stop, stand or park
a vehicle within any parkway. (1155-8/65)
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r
10.40.040-10.40.050(i) Huntington Beach Municipal Code
Q
10-40.040 Zones and areas maintained.
(a) The Director of Public Works is authorized to maintain, by appropriate signs or by paint
upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as
defined and described in this title.
(b) When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or
park such vehicle adjacent to any such legible curb marking or sign in violation of any of the
provisions of this chapter. (255-2/23,322-1/29,692A-9/58, 1051-5/64)
10.40.050 No parking areas. No operator of any vehicle shall stop, stand,park or leave
standing such vehicle in any of the following places, except when necessary to avoid conflict
with other traffic or in compliance with the direction of a police officer or other authorized
officer, or traffic signal:
(a) On either side of any street between the projected property lines of any public walk,public
steps, street or thoroughfare terminating at such street, when such area is indicated by
appropriate signs or by red paint upon the curb surface;
(b) Within any divisional island unless authorized and clearly indicated with appropriate signs or
markings;
(c) In any area where the Director of Public Works or Director of Community Development
determines that the parking or stopping of a vehicle would constitute a traffic hazard or
would endanger life or property when such area is indicated by appropriate signs or by red
paint upon the curb surface;
(d) In any area established by resolution of the council as a no parking area,when such area is
indicated by appropriate signs or by red paint upon the curb surface;
(e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the
movement of any car traveling upon such track;
(f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or
would endanger life or property;
(g) On any street or highway where the use of such street or highway or a portion thereof is
necessary for the cleaning, repair or construction of the street or highway or the installation
of underground utilities or where the use of the street or highway or any portion thereof is
authorized for a purpose other than the normal flow of traffic or where the use of the street or
highway or any portion thereof is necessary for the movement of equipment, articles or
structures of unusual size, and the parking of such vehicle would prohibit or interfere with
such use or movement; provided that signs giving notice of such no parking are erected or
placed at least twenty-four(24)hours prior to the effective time of such no parking;
(h) At any place within twenty (20) feet of a point on the curb immediately opposite the mid-
block end of a safety zone, when such place is indicated by appropriate signs or by red paint
upon the curb surface;
(i) At the place within twenty (20) feet of a crosswalk at an intersection when such place is
indicated by appropriate signs or by red paint upon the curb surface except that a bus may
stop at a designated bus stop; n
12/96
i
Huntington Beach Municipal Code 10.40.0500)--10.40.115
(j) Within twenty (20) feet of the approach of any traffic signal, stop sign or official electric
flashing device, when such place is indicated by appropriate signs or by red paint upon the
curb surface;
(k) In any area where the Director of Public Works or the Director of Community Development
or any person in lawful possession of an off-street parking area has designated stalls or spaces
in an off-street parking facility for the exclusive use of physically-handicapped persons
whose vehicles display either one of the distinguishing license plates issued to disabled
persons pursuant to section 22511.5 of the California Vehicle Code and where such space is
clearly marked by the painting of a blue curb or by posting immediately adjacent to, and
visible from, each stall or space, a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background or by both such blue curb and sign.(255-2/23,322-1/29,
505-2/47,692A-9/58, 1051-5/64, 1155-8/65,2044-5/76)
10.40.060 Storing vehicles in street prohibited. No person who owns or has possession,
custody or control of any vehicle shall park, store, stand or leave standing any vehicle upon any
street or alley for more than a consecutive period of seventy-two (72) hours. (632-11/55, 1121-3165,
1155-8/65,2177-4/77)
10.40.080 Repairing or greasing in street. No person shall construct or cause to be
constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be
dismantled, any vehicle or any part thereof upon any public street in this city. Temporary
emergency repairs may be made upon a public street. (1047-5/64, 1070-8/64, 1155-8/65)
10.40.090 Washing or polishing_vehicles for charge. No person shall wash or cause to be
washed, polish or cause to be polished any vehicle or any part thereof upon any public street in
this city, when a charge is made for such service. (1155-8/65)
10.40.100 Parking--Adjacent to schools.
(a) The Director of Public Works is authorized to erect signs indicating no parking upon that side
of any street adjacent to any school property when such parking would, in his opinion,
interfere with traffic or create a hazardous situation.
(b) When official signs are erected prohibiting parking upon that side of a street adjacent to any
school property,no person shall park a vehicle in any such designated place. (1155-8/65)
10.40.110 Parking--Prohibited on narrow streets.
(a) The Director of Public Works is authorized to place signs or markings indicating no parking
upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one
side of a street as indicated by such signs or markings when the width of the roadway does
not exceed thirty (30) feet.
(b) When official signs or markings prohibiting parking are erected upon narrow streets as
authorized herein, no person shall park a vehicle upon any such street in violation of any such
sign or marking. (1155-8/65)
10.40.115 Fire lanes, access ways and roadways--Parking prohibited. No person shall park
any vehicle or place any object in any fire lane, clearly designated as such by appropriate signs or
by red paint upon the curb surface, or park or place any object, obstruction or vehicle in, on or
across an established or designated exit, driveway, alleyway, or access road, whether public or
private, in such manner as to hamper the movement of any emergency vehicles and equipment in
12/96
10.40.115-10.40.130(b) Huntington Beach Municipal Code
the event of fire or other emergency. This prohibition applies to,but is not limited to, areas in
and about any church,hospital, assembly hall, lodge hall, school,hotel,motel, condominium,
apartment building,theater, industrial complex, motion picture theater, stadium, shopping center,
restaurant, tent, or other place of public assembly, whether open or closed.
Any vehicle parked or any object placed in a fire lane or any of the aforementioned areas shall be
subject to immediate removal and storage,pursuant to law. (2520-12/81)
10.40.120 Parking—Highway grade. No person shall park or leave standing any vehicle
unattended on a highway when upon any grade exceeding 3 percent without blocking the wheels
of the vehicle by turning them against the curb or by other means. (1155-8165)
10.40.125 Parking of vehicles for sale--Prohibited.
(a) No person shall park a vehicle upon a public or private street,parking lot or any public or
private property for the purpose of displaying such vehicle thereon for sale, hire or rental,
unless the property is duly licensed and zoned by the city to transact that type of business at
that location.
(b) Subsection(a) of this section shall not prohibit persons from parking vehicles on private
residential property, belonging to the owner of the vehicle,nor on the public street
immediately adjacent to said private residential property.
(c) Subsection (a) of this section shall not prohibit persons from parking vehicles on private
property, other than their own, when they have obtained written permission from the property
owner to do so. Said written permission must bear the date permission was granted, must
include the name, address and telephone number of the property owner, and must be
displayed in or upon the vehicle in such a manner that it is easily readable from outside the
vehicle.
(d) The Director of Community Development, or his designee, is authorized to enforce
provisions of this section pursuant to section 836.5 of the California Penal Code. (2294-8178)
10.40.130 Parking--Peddlers and vendors. (3113-6/91)
(a) Hours of operation. Peddlers and vendors shall be allowed to engage in the business of
vending only between 7 a.m. and 7 p.m. When Temporary Vending Permits are sought for
special events, the applicant may request from the City an exception to the usual hours of
operation. All stands used for vending must be removed from public property during non-
operating hours. (322-1/29, 1155-8/65,3113-6/91)
(b) Vending hours and location. Except as otherwise provided in Sections 10.40.130 through
10.40.160, no person shall stand or park any vehicle, wagon or pushcart from which goods,
wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered
for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion
of any street within this City except that such vehicles, wagons or pushcarts may only
conduct business in each location for a period of thirty (30)minutes at a time. At the end of
that period, such peddlers of vendors must move to a new vending location at least five
hundred (500) feet from the previous location. No electrical cords can be run across or over
sidewalks or streets to vending trucks. No sales off street side of vending trucks. Any
vehicle posing a potential traffic hazard must move immediately when requested to do so by
a police officer. All vending stands must be removed from public property during non-
vending hours. (3113-6/91)
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Huntington Beach Municipal Code 10.40.130(c)-10.40.180
(c) Special events. Peddlers and vendors wishing to conduct business at any special event shall
apply to the City for a Temporary Vending License. Application for such a license must be
made at least thirty (30) days prior to the beginning of the event. Applicants must meet the
same application requirements as other peddlers and vendors. The license is valid only for
the duration of the special event. Peddlers and vendors granted a temporary license are
subject to the same operating regulations as other vendors, except where otherwise specified.
(3113-6/91)
(d) Removal of trash. All trash or debris accumulating within forty (40) feet of any vending
stand shall be collected by the peddler/vendor and deposited in a trash container. All
peddlers and vendors selling food or beverages must provide trash receptacles adjacent to or
as a part of their stands. (3113-6/91)
10.40.140 Food-vending vehicles--Permit required. No person shall park or stand on any
street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn,
candy, ice cream or other articles of food are sold or offered for sale without first obtaining a
written permit to do so from the Director of Public Works which shall designate the specific
location in which such cart shall stand. (322-1/29, 1155-8/65)
10.40.150 Vehicles used for Property transportation. No person shall park or stand any
vehicle or wagon used or intended to be used in the transportation of property for hire on any
street while awaiting patronage for such vehicle or wagon without first obtaining a written permit
to do so from the Director of Public Works which shall designate the specific location where
such vehicle may stand. (322-1/29, 1155-8/65)
10.40.160 Permit--Compliance--Revocation. Whenever any permit is granted under the
provisions of this chapter and a particular location to park or stand is specified therein, no person
shall park or stand any vehicle, wagon or pushcart on any location other than is designated in
such permit. In the event that the holder of any such permit is convicted in any court of
competent jurisdiction for violating any of the provisions of this chapter, such permit shall be
forthwith revoked by the Director of Public Works upon the filing of the record of such
conviction with such officer and no permit shall thereafter be issued to such person until six (6)
months have elapsed from the date of such revocation. (322-1/29, 1155-8/65)
10.40.170 Emergency parking signs.
(a) Whenever the Director of Public Works shall determine that an emergency traffic congestion
is likely to result from the holding of public or private assemblages, gatherings or functions,
or for other reasons, the Director of Public Works shall have the power and authority to order
temporary signs to be erected or posted indicating that the operation, parking or standing of
vehicles is prohibited on such streets and alleys, as the Director of Public Works shall direct,
during the time such temporary signs are in place. Such signs shall remain in place only
during the existence of such emergency and the Director of Public Works shall cause such
signs to be removed promptly thereafter.
(b) When signs authorized by the provisions of this section are in place giving notice thereof, no
person shall operate, park or stand any vehicle contrary to the directions of such signs.
(1155-8165)
10.40.180 Disabled commercial vehicle--Warning signals. Every motor truck having an
unladen weight of four thousand (4000) pounds or more, and every truck tractor irrespective of
weight when operated upon any street or highway during darkness, shall be equipped with and
carry at least two (2) flares or two (2) red lanterns or two (2) warning lights or reflectors, which
12/96
i
10.40.180-10.40.210 Huntington Beach Municipal Code
reflectors shall be of a type approved by the California Department of Highway Patrol. When
any vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways
outside of any business or residence district within this city, and upon which street or highway
there is insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet
during darkness, a warning signal of the character indicated above_shall be immediately placed at
a distance of approximately one hundred(100) feet in advance of, and one hundred(100) feet to
the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four
(4)approved Class A, Type I turn signal lamps, at least two (2)toward the front and at least two
(2)toward the rear of the vehicle, shall be considered to meet the requirements of this section
until the devices mentioned above can be placed in the required locations. The warning signals
herein mentioned shall be displayed continuously during darkness while such vehicle remains
disabled upon such street and highway. (1155-8/65)
10.40.190 One-way streets--Parallel parking.
(a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within
eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon
any one-way street unless signs are in place prohibiting such stopping or standing.
(b)In the event a highway includes two (2) or more separate roadways and traffic is restricted to
one direction upon any such roadway, no person shall stand or park a vehicle upon the left-
hand side of such one-way roadway unless signs are in place permitting such standing or
parking.
(c) The Director of Public Works is authorized to determine when standing or parking shall be
prohibited upon the left-hand side of any one-way street or when standing or parking may be
permitted upon the left-hand side of any one-way roadway of a highway having two (2) or
more separate roadways and shall erect signs giving notice thereof.
(d) The requirement of parallel parking imposed by this section shall not apply in the event any
commercial vehicle is actually engaged in the process of loading or unloading freight or
goods, in which case such vehicle may be backed up to the curb, provided that such vehicle
does not extend beyond the centerline of the street and does not block traffic thereby.
(1121-3/65, 1155-8/65)
10.40.200 Diagonal parking.
(a) On any of the streets or portions of streets established by resolution of the council as diagonal
parking zones, when signs or pavement markings are in place indicating such diagonal
parking, it shall be unlawful for the operator of any vehicle to park said vehicle except:
(1) At the angle to the curb indicated by signs or pavement markings allotting space to
parked vehicles and entirely within the limits of said allotted space;
(2) With the front wheel nearest the curb within six (6) inches of said curb.
(b) The provisions of this section shall not apply when such vehicle is actually engaged in the
process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in section 10.40.190 shall be complied with. (255-2/23,268-1/24,322-1/29,846-7/61,
1155-8/65)
10.40.210 Angle parking--Minimum road width. Angle parking shall not be permitted upon
any street where parking would diminish the width of the roadway available for travel to less
than twenty-four(24) feet or upon any street which is a portion of the city's master plan of
arterial streets and highways. (1155-8/65, 1577-6/70)
12/96
Huntington Beach Municipal Code 10.40.220--10.40.270(b)
i
10.40.220 Angle parking--One side of street. The Director of Public Works is authorized to
prohibit the parking of vehicles, provided appropriate signs are placed and maintained to give
notice thereof, on one side of a street in any block where angle parking is permitted on the
opposite side of the street in such block. (322-1/29, 1155-8/65)
10.40.230 Parking space markings.
(a) The Director of Public Works is authorized to install and maintain parking space markings to
indicate parking spaces adjacent to curbings where authorized parking is permitted.
(b) No motor vehicle shall occupy more than one such parking space unless the size of the
parked vehicle obviates the use of a single space. When the use of any parking space is
regulated by a meter,the meter regulating each such utilized space must be in an active and
unexpired condition.
(c) No vehicle shall be stopped, left standing or parked in a space which is already occupied by
another vehicle, except that several motorcycles, motor-driven cycles, mopeds, or motorized
bicycles may occupy a single space,provided that no such vehicle is positioned so that it
occupies two (2) adjacent spaces. Where a space is regulated by a parking meter, all vehicles
within the space are in violation if parking time has expired. (1155-8/65,2295-9/78,2327-2/79)
10.40.240 No stopping zones.
(a) The Director of Public Works shall place and maintain appropriate signs indicating that
stopping of vehicles is prohibited and indicating the hours and days when stopping is
prohibited when no stopping zones have been established by resolution of the council.
(b) During the hours and days designated on the signs, it shall be unlawful for the operator of any
vehicle to stop the vehicle on any of the streets or parts of streets established as no stopping
zones. (1136-5/65, 1155-8/65)
10.40.250 Painting of curbs. No person, unless authorized by this city, shall paint any street or
curb surfaces; provided, however,that this section shall not apply to the painting of numbers on a
curb surface by any person who has complied with the provisions of any official action of this
city pertaining thereto. (1155-8/65)
10.40.260 General parking regulations--Enforcement. The provisions of this title regulating
the stopping, standing or parking of a vehicle shall be enforced by officers, reserve officers,
service officers and cadets of the police department and marine safety officers and such special
officers of the Community Services Department, Community Development Department, and the
Department of Public Works as are assigned and authorized by the Chief of Police. (632-11/55,
1121-3165, 1155-8/65,Urg Ord 1510-6/69,2124-1/77,2247-1/78,3340-12/96)
10.40.270 Parking areas on private property--Maintenance--Parking,prohibited.
(a) The owners of any private property in the City of Huntington Beach, which property has been
declared by resolution of the City Council to have areas of traffic congestion and a danger to
vehicles and pedestrians and an obstruction of emergency vehicles, shall maintain the
designated no parking and restricted parking areas by appropriate signs and/or paint upon the
curb surface according to standards established by the Director of Public Works.
(b) When curb markings and/or signs are in place, no operator of any vehicle shall park said
vehicle adjacent to any curb marking and/or sign. A violation of this section is an infraction
and, upon conviction thereof, shall be punishable by a fine not to exceed $100. (2204-8/77)
12/96
10.40.275-10.40.280 Huntington Beach Municipal Code
10.40.275 Vacant real properiy--Posting. Vacant real property shall be posted to prohibit
littering, dumping of waste materials,parking of motor vehicles, and trespassing in accordance
with the following:
(a) Posting Requirement. Every person owning or in possession of vacant real property located
in the city within two thousand(2000) feet of the mean high tide line of the Pacific Ocean
shall post such real property with at least two (2) signs per parcel, displayed at intervals not
more than one hundred (100) feet apart, along all exterior boundaries and at all roads and
trails entering the property. Such signs shall forbid trespassing, littering,parking motor
vehicles, and dumping refuse, as defined in section 8.20.010(h), on such property.
(b) Applicability. "Vacant real property," as used in this section, shall include all uncultivated
real property within two thousand(2000) feet of the mean high tide line of the Pacific Ocean
which is not enclosed by a perimeter fence, and on which there are no permitted structures for
residential, commercial, or industrial uses. Property on which there are no structures other
than oil wells and outbuildings shall not be exempt from this section.
(c) Exemptions. The following are exempt:
(1) Property enclosed by a perimeter fence at least five (5) feet high, secured by locked
gates;
(2) Property occupied by or in possession of a public entity or property dedicated to public
use;
(3) Any parcel with an area less than ten thousand (10,000) square feet shall be exempt from
the posting requirement so long as the total area of such parcel,plus the area of all
adjoining and contiguous parcels of vacant real property, do not exceed ten thousand
(10,000) square feet.
(d) Ski ns. The signs shall be at least twelve (12)inches wide and eighteen(18) inches high, and
shall meet the specifications established by the Director of Community Development and the
requirements of California Vehicle Code section 22658.
(e) No portion of this section shall be construed as restricting a private owner in the lawful use of
his or her own property unless the use creates a public health or safety hazard, a public
nuisance, or a fire hazard. (urg Ord 2767-5/85)
10.40.280 Violation--Penalty. Any person violating any provision of this chapter shall, upon
conviction thereof,be guilty of an infraction, and punishable by a fine not to exceed$100.
(2276-5/78)
12/96
Huntington Beach Municipal Code 10.40.010-10.40.030
Chapter 10.40
GENERAL PARKING REGULATIONS
(255-2/23,268-1/24,322-1/29,505-2/47,632-11155,692A-9/58,846-7/61,1047-5/64, 1051-5/64, 1070-8/64,
1121-3/65, 1136-5/65, 1155-8/65, Urg Ord 1510-6/69, 1577-6/70, 2044-5/76,2124-1/77,2177-4177,2204-8/77,
2247-1/78,2276-5/78,2294-8178,2295-9/78,2327-2/79, 2520-12/81,Urg Ord 2767-5/85, 3113-6/91)
Sections:
10.40.010 Applicability
10.40.020 More restrictive provisions apply
10.40.030 Stopping or standing in parkways prohibited
10.40.040 Zones and areas maintained
10.40.050 No parking areas
10.40.060 Storing vehicles in street prohibited
10.40.070 Repealed Ordinance No. 2692, 4 July 1984
10.40.080 Repairing or greasing in street
10.40.090 Washing or polishing vehicles for charge
10.40.100 Parking--Adjacent to schools
10.40.110 Parking--Prohibited on narrow streets
10.40.115 Fire lanes, access ways and roadways--Parking prohibited
10.40.120 Parking--Highway grade
10.40.125 Parking of vehicles for sale--Prohibited
10.40.130 Parking--Peddlers and vendors
10.40.140 Food-vending vehicles--Permit required
10.40.150 Vehicles used for property transportation
10.40.160 Permit--Compliance--Revocation
10.40.170 Emergency parking signs
10.40.180 Disabled commercial vehicle--Warning signals
10.40.190 One-way streets--Parallel parking
10.40.200 Diagonal parking
10.40.210 Angle parking--Minimum road width
10.40.220 Angle parking--One side of street
10.40.230 Parking space markings
10.40.240 No stopping zones
10.40.250 Painting of curbs
10.40.260 General parking regulations--Enforcement
10.40.270 Parking areas on private property--Maintenance--Parking prohibited
10.40.275 Vacant real property--Posting
10.40.280 Violation--Penalty.
10.40.010 Applicability. The provisions of this title regulating the stopping, standing or
parking of a vehicle shall apply at all times or at those times herein specified, except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device. (1155-8/65)
10.40.020 More restrictive provisions apply. The provisions of this title imposing a time limit
on standing or parking shall not relieve any person from the duty to observe other and more
restrictive provisions of the Vehicle Code or the ordinance of this city prohibiting or limiting the
standing or parking of vehicles in specified places or at specified times. (1155-8/65)
10.40.030 Stopping or standing in parkways prohibited. No person shall stop, stand or park
a vehicle within any parkway. (1155-8/65)
6/91
10.40.040--10.40.0500) Huntington Beach Municipal Code
10.40.040 Zones and areas maintained.
(a) The Director of Public Works is authorized to maintain, by appropriate signs or by paint
upon the curb surface, all no stopping zones,no parking areas, and restricted parking areas, as
defined and described in this title.
(b) When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or
park such vehicle adjacent to any such legible curb marking or sign in violation of any of the
provisions of this chapter. (255-2/23,322-1/29,692A-9/58, 1051-5/64)
10.40.050 No parking areas. No operator of any vehicle shall stop, stand,park or leave
standing such vehicle in any of the following places, except when necessary to avoid conflict
with other traffic or in compliance with the direction of a police officer or other authorized
officer,or traffic signal:
(a) On either side of any street between the projected property lines of any public walk,public
steps, street or thoroughfare terminating at such street,when such area is indicated by
appropriate signs or by red paint upon the curb surface;
(b) Within any divisional island unless authorized and clearly indicated with appropriate signs or
markings;
(c) In any area where the Director of Public Works or Director of Community Development
determines that the parking or stopping of a vehicle would constitute a traffic hazard or
would endanger life or property when such area is indicated by appropriate signs or by red
paint upon the curb surface;
(d) In any area established by resolution of the council as a no parking area,when such area is
indicated by appropriate signs or by red paint upon the curb surface;
(e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the
movement of any car traveling upon such track;
(f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or
would endanger life or property;
(g) On any street or highway where the use of such street or highway or a portion thereof is
necessary for the cleaning, repair or construction of the street or highway or the installation
of underground utilities or where the use of the street or highway or any portion thereof is
authorized for a purpose other than the normal flow of traffic or where the use of the street or
highway or any portion thereof is necessary for the movement of equipment, articles or
structures of unusual size, and the parking of such vehicle would prohibit or interfere with
such use or movement;provided that signs giving notice of such no parking are erected or
placed at least twenty-four(24)hours prior to the effective time of such no parking;
(h) At any place within twenty (20) feet of a point on the curb immediately opposite the mid-
block end of a safety zone,when such place is indicated by appropriate signs or by red paint
upon the curb surface;
(i) At the place within twenty (20) feet of a crosswalk at an intersection when such place is
indicated by appropriate signs or by red paint upon the curb surface except that a bus may
stop at a designated bus stop;
0) Within twenty (20) feet of the approach of any traffic signal, stop sign or official electric
flashing device,when such place is indicated by appropriate signs or by red paint upon the
curb surface;
6/91
Huntington Beach Municipal Code 10.40.050(k)--10.40.115
(k) In any area where the Director of Public Works or the Director of Community Development
or any person in lawful possession of an off-street parking area has designated stalls or spaces
in an off-street parking facility for the exclusive use of physically-handicapped persons
whose vehicles display either one of the distinguishing license plates issued to disabled
persons pursuant to section 22511.5 of the California Vehicle Code and where such space is
clearly marked by the painting of a blue curb or by posting immediately adjacent to, and
visible from, each stall or space, a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background or by both such blue curb and sign. (255-2/23, 322-1/29,
505-2/47, 692A-9/58, 1051-5/64, 1155-8/65,2044-5/76)
10.40.060 Storing vehicles in street prohibited. No person who owns or has possession,
custody or control of any vehicle shall park, store, stand or leave standing any vehicle upon any
street or alley for more than a consecutive period of seventy-two (72) hours. (632-11/55, 1121-3/65,
1155-8/65,2177-4/77)
10.40.080 Repairing or greasing in street. No person shall construct or cause to be
constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be
dismantled, any vehicle or any part thereof upon any public street in this city. Temporary
emergency repairs maybe made upon a public street. (1047-5/64, 1070-8/64, 1155-8/65)
10.40.090 Washing or polishing vehicles for charge. No person shall wash or cause to be
washed, polish or cause to be polished any vehicle or any part thereof upon any public street in
this city, when a charge is made for such service. (1155-8/65)
10.40.100 Parking--Adjacent to schools.
(a) The Director of Public Works is authorized to erect signs indicating no parking upon that side
of any street adjacent to any school property when such parking would, in his opinion,
interfere with traffic or create a hazardous situation.
(b) When official signs are erected prohibiting parking upon that side of a street adjacent to any
school property, no person shall park a vehicle in any such designated place. (1155-8/65)
10.40.110 Parking--Prohibited on narrow streets.
(a) The Director of Public Works is authorized to place signs or markings indicating no parking
upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one
side of a street as indicated by such signs or markings when the width of the roadway does
not exceed thirty (30) feet.
(b) When official signs or markings prohibiting parking are erected upon narrow streets as
authorized herein, no person shall park a vehicle upon any such street in violation of any such
sign or marking. (1155-8/65)
10.40.115 Fire lanes, access was and roadways--Parking prohibited. No person shall park
any vehicle or place any object in any fire lane, clearly designated as such by appropriate signs or
by red paint upon the curb surface, or park or place any object, obstruction or vehicle in, on or
across an established or designated exit, driveway, alleyway, or access road, whether public or
private, in such manner as to hamper the movement of any emergency vehicles and equipment in
the event of fire or other emergency. This prohibition applies to, but is not limited to, areas in
and about any church, hospital, assembly hall, lodge hall, school, hotel, motel, condominium,
apartment building,theater, industrial complex, motion picture theater, stadium, shopping center,
restaurant, tent, or other place of public assembly, whether open or closed.
Any vehicle parked or any object placed in a fire lane or any of the aforementioned areas shall be
subject to immediate removal and storage, pursuant to law. (2520-12/81)
6/91
10.40.120--10.40.130(c) Huntington Beach Municipal Code
10.40.120 Parking-Highway_grade. No person shall park or leave standing any vehicle
unattended on a highway when upon any grade exceeding 3 percent without blocking the wheels '
of the vehicle by turning them against the curb or by other means. (1155-8/65)
10.40.125 Parking_of vehicles for sale--Prohibited.
(a) No person shall park a vehicle upon a public or private street, parking lot or any public or
private property for the purpose of displaying such vehicle thereon for sale, hire or rental,
unless the property is duly licensed and zoned by the city to transact that type of business at
that location.
(b) Subsection (a) of this section shall not prohibit persons from parking vehicles on private
residential property, belonging to the owner of the vehicle, nor on the public street
immediately adjacent to said private residential property.
(c) Subsection(a) of this section shall not prohibit persons from parking vehicles on private
property, other than their own, when they have obtained written permission from the property
owner to do so. Said written permission must bear the date permission was granted, must
include the name, address and telephone number of the property owner, and must be
displayed in or upon the vehicle in such a manner that it is easily readable from outside the
vehicle.
(d) The Director of Community Development, or his designee, is authorized to enforce
provisions of this section pursuant to section 836.5 of the California Penal Code. (2294-8/78)
10.40.130 Parking--Peddlers and vendors. (3113-6/91) —
r
(a) Hours of operation. Peddlers and vendors shall be allowed to engage in the business of
vending only between 7 a.m. and 7 p.m. When Temporary Vending Permits are sought for
special events,the applicant may request from the City an exception to the usual hours of
operation. All stands used for vending must be removed from public property during non-
operating hours. (322-1/29, 1155-8/65,3113-6/91)
(b) Vending hours and location. Except as otherwise provided in Sections 10.40.130 through
10.40.160, no person shall stand or park any vehicle,wagon or pushcart from which goods,
wares, merchandise, fruits, vegetables or foodstuffs are sold,displayed, solicited or offered
for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion
of any street within this City except that such vehicles,wagons or pushcarts may only
conduct business in each location for a period of thirty (30)minutes at a time. At the end of
that period, such peddlers of vendors must move to a new vending location at least five
hundred (500) feet from the previous location. No electrical cords can be run across or over
sidewalks or streets to vending trucks. No sales off street side of vending trucks. Any
vehicle posing a potential traffic hazard must move immediately when requested to do so by
a police officer. All vending stands must be removed from public property during non-
vending hours.
(3113-6/91)
(c) Special events. Peddlers and vendors wishing to conduct business at any special event shall
apply to the City for a Temporary Vending License. Application for such a license must be
made at least thirty(30) days prior to the beginning of the event. Applicants must meet the
same application requirements as other peddlers and vendors. The license is valid only for
the duration of the special event. Peddlers and vendors granted a temporary license are
subject to the same operating regulations as other vendors, except where otherwise specified.
(3113-6/91)
6/91
Huntington Beach Municipal Code 10.40.130(d)--10.40.180
(d) Removal of trash. All trash or debris accumulating within forty (40) feet of any vending
stand shall be collected by the peddler/vendor and deposited in a trash container. All
peddlers and vendors selling food or beverages must provide trash receptacles adjacent to or
as a part of their stands. (3113-6191)
10.40.140 Food-vending vehicles--Permit required. No person shall park or stand on any
street any lunch wagon, eating cart or vehicle,or pushcart from which tamales,peanuts,popcorn,
candy, ice cream or other articles of food are sold or offered for sale without first obtaining a
written permit to do so from the Director of Public Works which shall designate the specific
location in which such cart shall stand. (322-1/29, 1155-8/65)
10.40.150 Vehicles used for property transportation. No person shall park or stand any
vehicle or wagon used or intended to be used in the transportation of property for hire on any
street while awaiting patronage for such vehicle or wagon without first obtaining a written permit
to do so from the Director of Public Works which shall designate the specific location where
such vehicle may stand. (322-1/29, 1155-8/65)
10.40.160 Permit--Compliance--Revocation. Whenever any permit is granted under the
provisions of this chapter and a particular location to park or stand is specified therein, no person
shall park or stand any vehicle, wagon or pushcart on any location other than is designated in
such permit. In the event that the holder of any such permit is convicted in any court of
competent jurisdiction for violating any of the provisions of this chapter, such permit shall be
forthwith revoked by the Director of Public Works upon the filing of the record of such
conviction with such officer and no permit shall thereafter be issued to such person until six (6)
months have elapsed from the date of such revocation. (322-1/29, 1155-8/65)
10.40.170 Emergency parking signs.
(a) Whenever the Director of Public Works shall determine that an emergency traffic congestion
is likely to result from the holding of public or private assemblages, gatherings or functions,
or for other reasons,the Director of Public Works shall have the power and authority to order
temporary signs to be erected or posted indicating that the operation,parking or standing of
vehicles is prohibited on such streets and alleys, as the Director of Public Works shall direct,
during the time such temporary signs are in place. Such signs shall remain in place only
during the existence of such emergency and the Director of Public Works shall cause such
signs to be removed promptly thereafter.
(b) When signs authorized by the provisions of this section are in place giving notice thereof,no
person shall operate, park or stand any vehicle contrary to the directions of such signs.
(1155-8/65)
10.40.180 Disabled commercial vehicle--Warning_signals. Every motor truck having an
unladen weight of four thousand (4000)pounds or more, and every truck tractor irrespective of
weight when operated upon any street or highway during darkness, shall be equipped with and
carry at least two (2) flares or two (2) red lanterns or two (2) warning lights or reflectors, which
reflectors shall be of a type approved by the California Department of Highway Patrol. When
any vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways
outside of any business or residence district within this city, and upon which street or highway
there is insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet
during darkness, a warning signal of the character indicated above shall be immediately placed at
a distance of approximately one hundred (100) feet in advance of, and one hundred(100) feet to
the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four
(4) approved Class A, Type I turn signal lamps, at least two (2)toward the front and at least two
(2)toward the rear of the vehicle, shall be considered to meet the requirements of this section
until
6/91
10.40.180--10.40.230(a) Huntington Beach Municipal Code
the devices mentioned above can be placed in the required locations. The warning signals herein
mentioned shall be displayed continuously during darkness while such vehicle remains disabled
upon such street and highway. (1155-8/65)
10.40.190 One-way streets--Parallel parking.
(a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within
eighteen(18) inches of the left-hand curb facing in the direction of traffic movement upon
any one-way street unless signs are in place prohibiting such stopping or standing.
(b) In the event a highway includes two (2) or more separate roadways and traffic is restricted to
one direction upon any such roadway, no person shall stand or park a vehicle upon the left-
hand side of such one-way roadway unless signs are in place permitting such standing or
parking.
(c) The Director of Public Works is authorized to determine when standing or parking shall be
prohibited upon the left-hand side of any one-way street or when standing or parking may be
permitted upon the left-hand side of any one-way roadway of a highway having two (2)or
more separate roadways and shall erect signs giving notice thereof.
(d) The requirement of parallel parking imposed by this section shall not apply in the event any
commercial vehicle is actually engaged in the process of loading or unloading freight or
goods, in which case such vehicle may be backed up to the curb,provided that such vehicle
does not extend beyond the centerline of the street and does not block traffic thereby.
(1121-3/65, 1155-8/65)
10.40.200 Diagonal parking.
(a) On any of the streets or portions of streets established by resolution of the council as diagonal
parking zones, when signs or pavement markings are in place indicating such diagonal
parking, it shall be unlawful for the operator of any vehicle to park said vehicle except:
(1) At the angle to the curb indicated by signs or pavement markings allotting space to
parked vehicles and entirely within the limits of said allotted space;
(2) With the front wheel nearest the curb within six (6) inches of said curb.
(b) The provisions of this section shall not apply when such vehicle is actually engaged in the
process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in section 10.40.190 shall be complied with. (255-2/23,268-1/24,322-1/29, 846-7/61,
1155-8/65)
10.40.210 Angle parking--Minimum road width. Angle parking shall not be permitted upon
any street where parking would diminish the width of the roadway available for travel to less
than twenty-four(24) feet or upon any street which is a portion of the city's master plan of
arterial streets and highways. (1155-8/65, 1577-6/70)
10.40.220 Angle parking—One side of street. The Director of Public Works is authorized to
prohibit the parking of vehicles, provided appropriate signs are placed and maintained to give
notice thereof, on one side of a street in any block where angle parking is permitted on the
opposite side of the street in such block. (322-1/29, 1155-8/65)
10.40.230 Parking space markings.
(a) The Director of Public Works is authorized to install and maintain parking space markings to
indicate parking spaces adjacent to curbings where authorized parking is permitted.
6/91
Huntington Beach Municipal Code 10.40.230(b)--10.40.275(a)
(b) No motor vehicle shall occupy more than one such parking space unless the size of the
parked vehicle obviates the use of a single space. When the use of any parking space is
regulated by a meter,the meter regulating each such utilized space must be in an active and
unexpired condition.
(c) No vehicle shall be stopped, left standing or parked in a space which is already occupied by
another vehicle, except that several motorcycles, motor-driven cycles,mopeds, or motorized
bicycles may occupy a single space, provided that no such vehicle is positioned so that it
occupies two (2)adjacent spaces. Where a space is regulated by a parking meter, all vehicles
within the space are in violation if parking time has expired. (1155-8/65,2295-9/78,2327-2/79)
10.40.240 No stopping zones.
(a) The Director of Public Works shall place and maintain appropriate signs indicating that
stopping of vehicles is prohibited and indicating the hours and days when stopping is
prohibited when no stopping zones have been established by resolution of the council.
(b) During the hours and days designated on the signs, it shall be unlawful for the operator of any
vehicle to stop the vehicle on any of the streets or parts of streets established as no stopping
zones. (1136-5/65, 1155-8/65)
10.40.250 Painting of curbs. No person, unless authorized by this city, shall paint any street or
curb surfaces;provided,however,that this section shall not apply to the painting of numbers on a
curb surface by any person who has complied with the provisions of any official action of this
city pertaining thereto. (1155-8/65)
10.40.260 General Parking regulations--Enforcement. The provisions of this title regulating
the stopping, standing or parking of a vehicle shall be enforced by officers, reserve officers,
service officers and cadets of the police department and marine safety officers and such special
officers of the Community Services Department and the Department of Public Works as are
assigned and authorized by the Chief of Police. (632-11/55, 1121-3/65, 1155-8/65, Urg Ord 1510-6/69,
2124-1/77,2247-1/78)
10.40.270 Parking areas on Private PropeM--Maintenance--Parking prohibited.
(a) The owners of any private property in the City of Huntington Beach, which property has been
declared by resolution of the City Council to have areas of traffic congestion and a danger to
vehicles and pedestrians and an obstruction of emergency vehicles, shall maintain the
designated no parking and restricted parking areas by appropriate signs and/or paint upon the
curb surface according to standards established by the Director of Public Works.
(b) When curb markings and/or signs are in place, no operator of any vehicle shall park said
vehicle adjacent to any curb marking and/or sign. A violation of this section is an infraction
and, upon conviction thereof, shall be punishable by a fine not to exceed $100. (2204-8/77)
10.40.275 Vacant real property--Posting. Vacant real property shall be posted to prohibit
littering, dumping of waste materials,parking of motor vehicles, and trespassing in accordance
with the following:
(a) Posting Requirement. Every person owning or in possession of vacant real property located
in the city within two thousand (2000) feet of the mean high tide line of the Pacific Ocean
shall post such real property with at least two (2) signs per parcel, displayed at intervals not
more than one hundred (100) feet apart, along all exterior boundaries and at all roads and
trails entering the property. Such signs shall forbid trespassing, littering, parking motor
vehicles, and dumping refuse, as defined in section 8.20.010(h), on such property.
6/91
10.40.275(b)-10.40.280 Huntington Beach Municipal Code
(b) Applicability. "Vacant real property," as used in this section, shall include all uncultivated
real property within two thousand(2000) feet of the mean high tide line of the Pacific Ocean
which is not enclosed by a perimeter fence, and on which there are no permitted structures for
residential, commercial, or industrial uses. Property on which there are no structures other
than oil wells and outbuildings shall not be exempt from this section.
(c) Exemptions. The following are exempt:
(1) Property enclosed by a perimeter fence at least five (5) feet high, secured by locked gates;
(2) Property occupied by or in possession of a public entity or property dedicated to public
use;
(3) Any parcel with an area less than ten thousand(10,000) square feet shall be exempt from
the posting requirement so long as the total area of such parcel, plus the area of all
adjoining and contiguous parcels of vacant real property, do not exceed ten thousand
(10,000) square feet.
(d) Si ns. The signs shall be at least twelve (12) inches wide and eighteen(18) inches high, and
shall meet the specifications established by the Director of Community Development and the
requirements of California Vehicle Code section 22658.
(e) No portion of this section shall be construed as restricting a private owner in the lawful use of
his or her own property unless the use creates a public health or safety hazard, a public
nuisance, or a fire hazard. (Urg Ord 2767-5/85)
10.40.280 Violation--Penalty. Any person violating any provision of this chapter shall,upon , -
conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed$100.
(2276-5/78)
6/91
HUNTINGTON BEA CH
MUNICIPAL CODE UPDA TES
(Effective 12/4/96)
Please Remove from Code Please Add to Code
Chapter 10.08 Chapter 10.08
Chapter 10.44 Chapter 10.44
Chapter 10.64 Chapter 10.64
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk - till
A"9
Questions regarding these updates? -I�
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559 I
961204.doc
Huntington Beach Municipal Code 10.08.010-10.08.060
Chapter 10.08
ENFORCEMENT
(322-1/29, 1157-9/65, Urg Ord 1292-1/67,2124-1/77,3163-8/92,3337-12/96)
Sections:
10.08.010 Traffic direction--Authority
10.08.020 Traffic direction--Persons prohibited
10.08.030 Traffic direction--Obedience to officers
10.08.040 Riders of bicycles or animals
10.08.050 Obstructing or interfering with officers
10.08.060 Public employees to obey regulations
10.08.070 Exemption of certain vehicles
10.08.080 Exempted vehicles must use due care
10.08.090 Exceptions to parking or standing rules
10.08.100 Accident report--Required when
10.08.110 Accident report--Contents
10.08.120 Accident report--Injured parties
10.08.130 Vehicle removal by Police
10.08.140 State highways regulated by City--Approval
10.08.150 State highways regulated by City--Authority delegated.
10.08.010 Traffic direction--Authority. Officers, Reserve Officers, Service Officers and
cadets of the Police Department and Marine Safety Officers and such special officers of the
Community Services Department as are assigned by the Chief of Police are authorized to direct
all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in
the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers
of the Police Department or members of the Fire Department may direct traffic as conditions
may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle
Code. (322-1/29, 1157-9/65,2124-1/77)
10.08.020 Traffic direction--Persons prohibited. No person other than an officer of the Police
Department or a person authorized by the Chief of Police or a person authorized by law shall
direct, or attempt to direct traffic by voice, hand or other signal, except that persons may operate,
when and as herein provided, any mechanical pushbutton signal erected by order of the Director
of Public Works. (322-1/29, 1157-9/65)
10.08.030 Traffic direction--Obedience to officers. No person shall fail or refuse to comply
with or to perform any act, lawful order, signal or direction of a Traffic or Police Officer, or a
member of the Fire Department, or a person authorized by the Chief of Police or by law.
(322-1/29, 1157-9/65)
10.08.040 Riders of bicycles or animals. Every person riding a bicycle or driving an animal
upon a highway has all of the rights and shall be subject to all of the duties applicable to the
driver of a vehicle by this title, except those provisions which by their very nature can have no
application. (1157-9/65)
10.08.050 Obstructing or interfering with officers. No person shall interfere with or obstruct
in any way any Police Officer or other officer or employee of this City in their enforcement of
the provisions of this title. The removal, obliteration or concealment of any chalk mark or other
distinguishing mark used by any Police Officer or other employee or officer of this City in
connection with the enforcement of the parking regulations of this title, constitute such
interference or obstruction. (1157-9/65)
10.08.060 Public employees to obey regulations. The provisions of this title shall apply to the
operator of any vehicle owned by or used in the service of the United States government, this
state, any county or city, and it shall be unlawful for any said operator to violate any of the
provisions of this title except as otherwise permitted in this title or by the vehicle code. (1157-9/65)
12/96
1
10.08.070--10.08.130(c) Huntington Beach Municipal Code
r '
10.08.070 Exemption of certain vehicles. The provisions of this title regulating the operation,
parking and standing of vehicles shall not only apply to vehicles operated by the Police or Fire
Departments, any public ambulance or any public utility vehicle or any private ambulance, which
public utility vehicle or private ambulance has qualified as an authorized emergency vehicle,
when any vehicle mentioned in this section is operated in the manner specified by the Vehicle
Code in response to an emergency call, or to the operation of bicycles by Police Department
personnel while in the course and scope of their official duties. (1157-9/65,3163-8/92)
10.08.080 Exempted vehicles must use due care. The foregoing exemptions shall not,
however, relieve the operator of any such vehicle from obligation to exercise due care for the
safety of others or the consequences of his willful disregard of the safety of others. (1157-9/65)
10.08.090 Exemptions to parking or standing rules. The provisions of this title regulating the
parking or standing of vehicles shall not apply to any vehicle of a city department or public
utility while necessarily in use for construction or repair work or any vehicle owned or operated
by the United States Post Office Department while in use for the collection, transportation or
delivery of United States mail. (1157-9/65)
10.08.100 Accident report--Required when. The operator of a vehicle or the person in charge
of any animal involved in any accident resulting in damage to any property publicly owned or
owned by a public utility, including but not limited to, any fire hydrant, parking meter, lighting
post, telephone pole, electric light or power pole, resulting in damage to any tree, in or along any
street, shall within twenty-four (24) hours after such accident make a written report of such
accident to the Police Department of this City. (1157-9/65)
10.08.110 Accident report--Contents. Every such report shall state the time when and the
place where the accident took place, the name and address of the person owning and of the
person operating or in charge of such vehicle or animal, the license number of every such
vehicle, and shall briefly describe the property damage in such accident. (1157-9/65)
10.08.120 Accident report--Injured parties. The operator of any vehicle involved in an
accident shall not be subject to the requirements or penalties of this code if and during the time
he is physically incapable of making a report, but in such event he shall make a report as required
in section 10.08.100 within twenty-four(24) hours after regaining ability to make such report.
(1157-9/65)
10.08.130 Vehicle removal by police. Officers, reserve officers, service officers and cadets of
the Police Department as are assigned by the Chief of Police are authorized and may remove or
cause to be removed:
(a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two
(72) or more consecutive hours;
(b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7
a.m. and 7 p.m. when such parking or standing is prohibited by ordinance or resolution of
this City and signs are posted giving notice of such removal; and
(c) Any vehicle which is parked or left standing upon a street or highway where the use of such
street or highway or a portion thereof is necessary for the cleaning, repair or construction of
the street or highway or for the installation of underground utilities or where the use of the -
street or highway or any portion thereof is authorized for a purpose other than the normal
flow of traffic or where the use of the street or highway or any portion thereof is necessary
for the movement of equipment, articles or structures of unusual size, and the parking of such
vehicle would prohibit or interfere with such use or movement; provided that signs giving
notice that such vehicle may be removed are erected or placed at least twenty-four(24) hours
prior to the removal.
12196
Huntington Beach Municipal Code 10.08.130(d)--10.08.180
(d) Any vehicle which is parked or left standing in any City-owned or operated parking lot when
such parking or standing has been prohibited by ordinance or resolution. (1157-9/65,2124-1/77)
(e) Any vehicle that is over eighty-four(84) inches high, measured from the surface of the
roadway to its highest point, or over eighty-four(84) inches wide, measured from its widest
point, excluding side view mirrors or similar extensions,that is parked on an arterial
highway, as described in § 10.44.070 of the Huntington Beach Municipal Code, between the
hours of 9 p.m. and 6 a.m. (3337-12/96)
10.08.140 State highways regulated by City--Approval. Any provision of this title which
regulates traffic or delegates the regulation of traffic upon state highways in any way for which
the approval of the State Department of Public Works is required by state law, shall cease to be
operative six (6) months after receipt by the City Council of written notice of withdrawal of
approval of the State Department of Public Works. (1157-9165,Urg Ord 1292-1/67)
10.08.150 State highways regulated by City--Authority delegated. Whenever this title
delegates authority to a City officer, or authorizes action by the City Council to regulate traffic
upon a state highway in any way which, by law,requires the prior approval of the State
Department of Public Works, no such officer shall exercise such authority nor shall such action
by the City Council be effective with respect to any state highway without the prior approval, in
writing, of the State Department of Public Works when and to the extent required by the state
Vehicle Code. (1157-9/65, Urg Ord 1292-1/67)
12/96
Huntington Beach Municipal Code 10.44.010-10.44.060(c)
Chapter 10.44
PARKING--TIME LIMITS
(255-2133,276-11/25,322-1/29,373-7/34,533-7/48,566-11/50, 1155-8/65, 1935-11/74,2115-11176,2177-5/77,2276-5/78,
2514-12/81,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89,3136-5/92,3257-11/94,3336-12/96)
Sections:
10.44.010 Twenty-four minute maximum
10.44.020 Twelve or twenty-four minutes--Violation
10.44.030 One-hour parking
10.44.040 Two-hour parking
10.44.050 Penalty--Continuing violations
10.44.060 Oversized vehicle parking regulations
10.44.065 Exceptions
10.44.070 Arterial highway oversize vehicle parking regulations
10.44.010 Twenty-four minute maximum. Green curb marking shall mean no standing or
parking for a period of time longer than twenty-four(24) minutes at any time. (276-11/25, 322-1/29,
533-7/48, 1155-8/65, 3257-11/94)
10.44.020 Twelve or twenty-four minutes--Violation. When authorized signs or curb
markings have been determined by the Director of Public Works to be necessary and are in place
giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to
any such legible curb marking or sign in violation thereof. (276-11/25,322-1/29,533-7/48, 1155-8/65)
10.44.030 One-hour parkin. When authorized signs or curb markings have been determined
by the Director of Public Works to be necessary and are in place giving notice thereof, no
operator of any vehicle shall stop, stand or park said vehicle between the hours of 9 a.m. and
6 p.m. of any day except Sundays and holidays for a period of time longer than one hour.
(255-2/23, 566-11/50, 1155-8/65)
10.44.040 Two-hour parking. When authorized signs or curb markings have been determined
by the Director of Public Works to be necessary and are in place giving notice thereof, no
operator of any vehicle shall stop, stand or park the vehicle between the hours of 9 a.m. and
6 p.m. of any day except Sundays and holidays for a period of time longer than two hours.
(322-1/29,373-7/34, 1155-8/65)
10.44.050 Penalty--Continuing violations. Any person violating any provision of this chapter
shall, upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed
one hundred dollars ($100), provided further that each period of time a vehicle is left parked after
the initial violation of such provisions shall be deemed a separate offense, equal to the maximum
legal parking time for the particular time zone or parking space as designated in sections setting
the maximum legal time. (1155-8165,2276-5/78)
10.44.060 Oversized vehicle parking regulations. No person shall park or leave standing upon
any public street or highway in a residential district:
(a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point
to the extreme rear point, including extensions;
(b) Any motor vehicle, over ninety-six (96) inches wide, measured at its widest point excluding
side-view mirrors or similar extensions, designed, used or maintained for the transportation
of property;
(c) Any motor vehicle, including buses, motor trucks, trailers, semitrailers, trailer coaches, or
truck tractors as defined in the Vehicle Code, over ninety-six(96) inches wide, measured at
its widest point excluding side-view mirrors or similar extensions, designed, used or
maintained for the transportation of property;
12/94
1 �
10.44.060(d)--10.44.060(b) Huntington Beach Municipal Code-
(d)Any motor vehicle which is designed, used or maintained as farm machinery or a special
purpose or equipment machine; or
(e) Any nonmotorized vehicle, such as a semitrailer,trailer,trailer coach,utility trailer, two or
more axle camper, or a one-axle camper, which has been detached from its drawing vehicle
for a period not to exceed twenty-four(24)hours. (1935-11/74,2115-11/76,2514-12/81,2855-12/86)
10.44.065 Exceptions. Section 10.44.060 shall not apply to the following:
(a) Any oversized recreational motor vehicle, as defined by California Health and Safety Code
section 18010 or any amendments thereto,while parked or standing for the purpose of
loading or unloading passengers or property for a period not to exceed twenty-four(24)
hours; (3136-5/92)
(b) Any oversized motor vehicle parked while used in performing or assisting in performing
services or repairs on residential property;
(c) Any oversized motor vehicle which is parked for not more than twenty-four(24) consecutive
hours to make emergency repairs to such vehicle; and
(d) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or
more axle camper, or a one-axle camper which has been detached from its drawing vehicle
parked for a period not to exceed four (4)hours in any area other than a residential district.
(1935-11/74, 2115-11/76,2514-12/81,2855-12/86)
10.44.070 Arterial highway oversize vehicle parking regulations.
(a) Except as provided in subsection (b) and (c)hereof, no person shall park or leave standing
upon any arterial highway between the hours of 9 p.m. and 6 a.m., or for longer than two (2)
hours at any other time, any motor vehicle over eighty-four(84) inches high,measured from
the surface of the roadway to its highest point, or over eighty-four(84) inches wide,
measured from its widest point, excluding side view mirrors or similar extensions on any of
the following highways in the City of Huntington Beach:
Adams Avenue Edinger Avenue McFadden Avenue
Algonquin Street Edwards Street Newland Street
Argosy Avenue Ellis Avenue Pacific Coast Highway
Atlanta Avenue Garfield Avenue Seventeenth Street
Banning Avenue Goldenwest Street Slater Avenue
Beach Boulevard Gothard Street Springdale Street
Bolsa Avenue Graham Street Talbert Avenue
Bolsa Chica Street Hamilton Avenue Ward Street
Brookhurst Street Heil Avenue Warner Avenue
Bushard Street Indianapolis Avenue Yorktown Avenue
Ce
nter Avenue Magnolia S Str
eet
(2177-5/77,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89,3336-12196)
(b) In case of emergency, oversize vehicles shall be removed immediately if between the hours
of 9 p.m. and 6 a.m., otherwise they may park on the highways listed in this section provided
that such vehicles shall be removed within four(4)hours. Emergency parking is defined to
mean any vehicle left standing at the roadside because of mechanical breakdown or because
of driver's physical incapacity to proceed. (3336-12/96)
12/94
10.44.060(d)--10.44.060(b) Huntington Beach Municipal Code
(c) Nothwithstanding the prohibition contained in this section,wherever highway markings
clearly indicate legal on-street parking in front of residential property facing any arterial
highway set out in subsection(a) hereof, an oversized vehicle may park or stand in front of
such residential property for not more than eight(8) consecutive hours to load or unload
passengers or property, or to furnish commercial services or repairs to the premises.
(3336-12/96)
12/96
I
Huntington Beach Municipal Code 10.64.010--10.64.080(b)
Chapter 10.64
METERS--INSTALLATION
(496-7/46,582-3/52,690-5/58, 1371-1/69,Urg Ord 1491-4/69,1490-5/69,2276-5/78,3339-12/96)
Sections:
10.64.010 Approval meters
10.64.020 Signs indicating meter type
10.64.030 Sign locations
10.64.040 Markings indicating meter space
10.64.050 Vehicle position within lines
10.64.060 Improper parking
10.64.070 Proper functioning
10.64.080 Adjusting meters
10.64.090 Violation--Penalty
10.64.010 Approval meters. The Director, when directed by the Council, shall cause to be
installed upon such streets or portions thereof or city-owned or leased land within the parking
meter zones, adjacent to each designated parking space, such parking meters as shall have been
approved by the Council. (496-8/46,582-4/52,690-6/58, Urg.Ord. 1491-4/69, 1490-5/69)
10.64.020 Signs indicating meter type. It is the duty of the Department of Public Works to
maintain signs in the various areas within the parking meter zones, indicating the type of meter
there installed and the days and hours during which the parking meters are in operation. (Urg.Ord.
1491-4/69, 1490-5/69)
10.64.030 Sign location. Signs as mentioned in section 10.64.020, may either be on separate
posts, painted on the curbs, or fastened to the parking meters, in the discretion of the Department
of Public Works. (496,8/46, Urg.Ord. 1491-4/69)
10.64.040 Markings indicating meter space. The Department of Public Works shall have lines
or markings painted upon the curbs, streets or area adjacent to each parking meter, designating
the parking space for which the meter is to be used. (690-6/58, 1490-5/69, Urg.Ord. 1491-4/69)
10.64.050 Vehicle position within lines. Each vehicle parked adjacent to any parking meter
shall be parked within said lines or markings. (496-7/46)
10.64.060 Improper parking. It is unlawful to park any vehicle across any such lines or
markings, or to park a vehicle in such a position that it shall not be entirely within the space
designated by such lines or markings. (496-7/46)
10.64.070 Proper functioning. Each parking meter shall be so designed that the deposit of a
coin or coins will set the mechanism of the meter in motion or permit the mechanism to be set in
motion so that the meter will show the unexpired parking time applicable to the parking space
adjacent to the meter; and the meter, when parking time has expired, shall so indicate by a visible
sign. (496, 8/46, 582-4/52)
10.64.080 Adjusting meters. Parking meters when installed and properly operated shall be so
adjusted to accept coins to show legal parking time. Rates will be determined by Council
resolution. (496-7/46,690-6/58, 1371-1/67,3339-12/96)
10.64.090 Violation--Penalty. Any person violating any provision of this chapter shall, upon
conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred
dollars ($100). (2276-5/78)
12/96
Huntington Beach Municipal Code 10.08.010--10.08.050
Chapter 10.08
ENFORCEMENT
(322-1/29, 1157-9/65, Urg Ord 1292-1/67, 2124-1/77, 3163-8/92)
Sections:
10.08.010 Traffic direction--Authority
10.08.020 Traffic direction--Persons prohibited
10.08.030 Traffic direction--Obedience to officers
10.08.040 Riders of bicycles or animals
10.08.050 Obstructing or interfering with officers
10.08.060 Public employees to obey regulations
10.08.070 Exemption of certain vehicles
10.08.080 Exempted vehicles must use due care
10.08.090 Exceptions to parking or standing rules
10.08.100 Accident report--Required when
10.08.110 Accident report--Contents
10.08.120 Accident report--Injured parties
10.08.130 Vehicle removal by Police
10.08.140 State highways regulated by City--Approval
10.08.150 State highways regulated by City--Authority delegated.
10.08.010 Traffic direction--Authority. Officers, Reserve Officers, Service Officers and
cadets of the Police Department and Marine Safety Officers and such special officers of the
Community Services Department as are assigned by the Chief of Police are authorized to direct
all traffic by voice,hand, audible or other signal in conformance with traffic laws, except that in
the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers
of the Police Department or members of the Fire Department may direct traffic as conditions
may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle
Code. (322-1/29, 1157-9/65,2124-1/77)
10.08.020 Traffic direction--Persons prohibited. No person other than an officer of the Police
Department or a person authorized by the Chief of Police or a person authorized by law shall
direct, or attempt to direct traffic by voice,hand or other signal, except that persons may operate,
when and as herein provided, any mechanical pushbutton signal erected by order of the Director
of Public Works. (322-1/29, 1157-9/65)
10.08.030 Traffic direction--Obedience to officers. No person shall fail or refuse to comply
with or to perform any act, lawful order, signal or direction of a Traffic or Police Officer, or a
member of the Fire Department, or a person authorized by the Chief of Police or by law.
(322-1/29, 1157-9/65)
10.08.040 Riders of bicycles or animals. Every person riding a bicycle or driving an animal
upon a highway has all of the rights and shall be subject to all of the duties applicable to the
driver of a vehicle by this title, except those provisions which by their very nature can have no
application. (1157-9/65)
10.08.050 Obstructing or interfering with officers. No person shall interfere with or obstruct
in any way any Police Officer or other officer or employee of this City in their enforcement of
the provisions of this title. The removal, obliteration or concealment of any chalk mark or other
distinguishing mark used by any Police Officer or other employee or officer of this City in
connection with the enforcement of the parking regulations of this title, constitute such
interference or obstruction. (1157-9/65)
8/92
10.08.060--10.08.130(c) Huntington Beach Municipal Code
10.08.060 Public employees to obey regulations. The provisions of this title shall apply to the
operator of any vehicle owned by or used in the service of the United States government,this
state, any county or city, and it shall be unlawful for any said operator to violate any of the
provisions of this title except as otherwise permitted in this title or by the vehicle code. (1157-
9/65)
10.08.070 Exemption of certain vehicles. The provisions of this title regulating the operation,
parking and standing of vehicles shall not only apply to vehicles operated by the Police or Fire
Departments, any public ambulance or any public utility vehicle or any private ambulance,which
public utility vehicle or private ambulance has qualified as an authorized emergency vehicle,
when any vehicle mentioned in this section is operated in the manner specified by the Vehicle
Code in response to an emergency call, or to the operation of bicycles by Police Department
personnel while in the course and scope of their official duties. (1157-9/65,3163-8/92)
10.08.080 Exempted vehicles must use due care. The foregoing exemptions shall not,
however, relieve the operator of any such vehicle from obligation to exercise due care for the
safety of others or the consequences of his willful disregard of the safety of others. (1157-9/65)
10.08.090 Exemptions to parking or standing rules. The provisions of this title regulating the
parking or standing of vehicles shall not apply to any vehicle of a city department or public
utility while necessarily in use for construction or repair work or any vehicle owned or operated
by the United States Post Office Department while in use for the collection,transportation or
delivery of United States mail. (1157-9/65)
10.08.100 Accident report--Required when. The operator of a vehicle or the person in charge
of any animal involved in any accident resulting in damage to any property publicly owned or
owned by a public utility, including but not limited to, any fire hydrant,parking meter, lighting
post telephone pole, electric light or power pole,resulting in damage to any tree, in or along any
street, shall within twenty-four(24)hours after such accident make a written report of such
accident to the Police Department of this City. (1157-9/65)
10.08.110 Accident report--Contents. Every such report shall state the time when and the
place where the accident took place,the name and address of the person owning and of the
person operating or in charge of such vehicle or animal,the license number of every such
vehicle, and shall briefly describe the property damage in such accident. (1157-9/65)
10.08.120 Accident report--Injured parties. The operator of any vehicle involved in an
accident shall not be subject to the requirements or penalties of this code if and during the time
he is physically incapable of making a report,but in such event he shall make a report as required
in section 10.08.100 within twenty-four(24) hours after regaining ability to make such report.
(1157-9/65)
10.08.130 Vehicle removal by police. Officers,reserve officers, service officers and cadets of
the Police Department as are assigned by the Chief of Police are authorized and may remove or
cause to be removed:
(a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two
(72) or more consecutive hours;
(b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7
a.m. and 7 p.m. when such parking or standing is prohibited by ordinance or resolution of
this City and signs are posted giving notice of such removal; and
(c) Any vehicle which is parked or left standing upon a street or highway where the use of such
street or highway or a portion thereof is necessary for the cleaning, repair or construction of
the street or highway or for the installation of underground utilities or where the use of the
street or highway or any portion thereof is authorized for a purpose other than the normal
8/92
Huntington Beach Municipal Code 10.08.130(c)-10.08.150
flow of traffic or where the use of the street or highway or any portion thereof is necessary
for the movement of equipment, articles or structures of unusual size, and the parking of such
vehicle would prohibit or interfere with such use or movement; provided that signs giving
notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours
prior to the removal.
(d) Any vehicle which is parked or left standing in any City-owned or operated parking lot when
such parking or standing has been prohibited by ordinance or resolution. (1157-9/65,2124-1/77)
10.08.140 State highways regulated by City--Approval. Any provision of this title which
regulates traffic or delegates the regulation of traffic upon state highways in any way for which
the approval of the State Department of Public Works is required by state law, shall cease to be
operative six (6)months after receipt by the City Council of written notice of withdrawal of
approval of the State Department of Public Works. (1157-9/65, Urg Ord 1292-1/67)
10.08.150 State highways regulated by City--Authority delegated. Whenever this title
delegates authority to a City officer, or authorizes action by the City Council to regulate traffic
upon a state highway in any way which,by law,requires the prior approval of the State
Department of Public Works, no such officer shall exercise such authority nor shall such action
by the City Council be effective with respect to any state highway without the prior approval, in
writing, of the State Department of Public Works when and to the extent required by the state
Vehicle Code. (1157-9/65, Urg Ord 1292-1/67)
8/92
Huntington Beach Municipal Code 10.44.010--10.44.060(b)
Chapter 10.44
( PARIING-TIME LIMITS
(255-2/33, 276-11/25, 322-1/29, 373-7/34, 533-7/48, 566-11/50, 1155-8/65, 1935-11/74, 2115-11/76, 2177-5/77,
2276-5/78, 2514-12/81, 2644-12/83, 2692-7/84, 2795-10/85, 2855-12/86, 3011-9/89, 3136-5/92, 3257-11/94)
Sections:
10.44.010 Twenty-four minute maximum
10.44.020 Twelve or twenty-four minutes--Violation
10.44.030 One-hour parking
10.44.040 Two-hour parking
10.44.050 Penalty--Continuing violations
10.44.060 Oversized vehicle parking regulations
10.44.065 Exceptions
10.44.070 Arterial highway oversize vehicle parking regulations
10.44.010 Twenty-four minute maximum. Green curb marking shall mean no standing or
parking for a period of time longer than twenty-four (24) minutes at any time. (276-11/25, 322-1/29,
533-7/48, 1155-8/65, 3257-11/94)
10.44.020 Twelve or twenty-four minutes--Violation. When authorized signs or curb
markings have been determined by the Director of Public Works to be necessary and are in place
giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to
any such legible curb marking or sign in violation thereof. (276-11/25, 322-1/29, 533-7/48, 1155-8/65)
10.44.030 One-hour parking. When authorized signs or curb markings have been determined
by the Director of Public Works to be necessary and are in place giving notice thereof, no
operator of any vehicle shall stop, stand or park said vehicle between the hours of 9 a.m. and 6
p.m. of any day except Sundays and holidays for a period of time longer than one hour.
(255-2/23, 566-11/50, 1155-8/65)
10.44.040 Two-hour parking. When authorized signs or curb markings have been determined
by the Director of Public Works to be necessary and are in place giving notice thereof, no
operator of any vehicle shall stop, stand or park the vehicle between the hours of 9 a.m. and 6
p.m. of any day except Sundays and holidays for a period of time longer than two hours. (322-1/29,
373-7/34, 1155-8/65)
10.44.050 Penalty--Continuing violations. Any person violating any provision of this chapter
shall, upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed
one hundred dollars ($100), provided further that each period of time a vehicle is left parked after
the initial violation of such provisions shall be deemed a separate offense, equal to the maximum
legal parking time for the particular time zone or parking space as designated in sections setting
the maximum legal time. (1155-8/65, 2276-5/78)
10.44.060 Oversized vehicle parking regulations. No person shall park or leave standing upon
any public street or highway in a residential district:
(a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point
to the extreme rear point, including extensions;
(b) Any motor vehicle, over ninety-six (96) inches wide, measured at its widest point excluding
side-view mirrors or similar extensions, designed, used or maintained for the transportation of
property;
11/94
10.44.060(c)-10.44.070(a) Huntington Beach Municipal Code
(c) Any motor vehicle, including buses, motor trucks, trailers, semitrailers, trailer coaches, or .
truck tractors as defined in the Vehicle Code, over ninety-six(96) inches wide, measured at its
widest point excluding side-view mirrors or similar extensions, designed, used or maintained
for the transportation of property;
(d) Any motor vehicle which is designed, used or maintained as farm machinery or a special
purpose or equipment machine; or
(e) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or
more axle camper, or a one-axle camper, which has been detached from its drawing vehicle
for a period not to exceed twenty-four(24) hours. (1935-11/74, 2115-11/76, 2514-12/81, 2855-12/86)
10.44.065 Exceptions. Section 10.44.060 shall not apply to the following:
(a) Any oversized recreational motor vehicle, as defined by California Health and Safety Code
section 18010 or any amendments thereto, while parked or standing for the purpose of
loading or unloading passengers or property for a period not to exceed twenty-four(24)
hours; (3136-5/92)
(b) Any oversized motor vehicle parked while used in performing or assisting in performing
services or repairs on residential property;
(c) Any oversized motor vehicle which is parked for not more than twenty-four(24) consecutive
hours to make emergency repairs to such vehicle; and
(d) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or
more axle camper, or a one-axle camper which has been detached from its drawing vehicle
parked for a period not to exceed four(4)hours in any area other than a residential district.
(1935-11/74, 2115-11176, 2514-12/81, 2855-12/86)
10.44.070 Arterial highway oversize vehicle parking regulations.
(a) Except as provided in subsection(b) and (c) hereof, no person shall park or leave standing
upon any arterial highway between the hours of 9 p.m. and 4 a.m., or for longer than two (2)
hours at any other time, any motor vehicle over eighty-four(84) inches high, measured from
the surface of the roadway to its highest point, or over eighty-four(84) inches wide, measured
from its widest point, excluding side view mirrors or similar extensions on any of the
following highways in the City of Huntington Beach:
Adams Avenue Edinger Avenue McFadden Avenue
Algonquin Street Edwards Street Newland Street
Argosy Avenue Ellis Avenue Pacific Coast Highway
Atlanta Avenue Garfield Avenue Seventeenth Street
Banning Avenue Goldenwest Street Slater Avenue
Beach Boulevard Gothard Street Springdale Street
Bolsa Avenue Graham Street Talbert Avenue
Bolsa Chica Street Hamilton Avenue Ward Street
Brookhurst Street Heil Avenue Warner Avenue
Bushard Street Indianapolis Avenue Yorktown Avenue
Center Avenue Magnolia Street
(2177-5177, 2644-12/83, 2692-7/84, 2795-10/85, 2855-12/86, 3011-9/89)
11/94
Huntington Beach Municipal Code 10.64.010--10.64.080(b)
Chapter 10.64
METERS--INSTALLATION
(496-7/46, 582-3/52, 690-5/58, 1371-1/69, Urg Ord 1491-4/69,1490-5/69,2276-5/78)
Sections:
10.64.010 Approval meters
10.64.020 Signs indicating meter type
10.64.030 Sign locations
10.64.040 Markings indicating meter space
10.64.050 Vehicle position within lines
10.64.060 Improper parking
10.64.070 Proper functioning
10.64.080 Adjusting meters
10.64.090 Violation--Penalty
10.64.010 Approval meters. The Director, when directed by the Council, shall cause to be
installed upon such streets or portions thereof or city-owned or leased land within the parking
meter zones, adjacent to each designated parking space, such parking meters as shall have been
approved by the Council. (496-8/46, 582-4/52,690-6/58, Urg. Ord. 1491-4/69, 1490-5/69)
10.64.020 Signs indicating meter type. It is the duty of the Department of Public Works to
maintain signs in the various areas within the parking meter zones,indicating the type of meter
there installed and the days and hours during which the parking meters are in operation.
(Urg. Ord. 1491-4/69, 1490-5/69)
10.64.030 Sign location. Signs as mentioned in section 10.64.020,may either be on separate
posts, painted on the curbs, or fastened to the parking meters, in the discretion of the.Department
of Public Works. (496,8/46, Urg.Ord. 1491-4/69)
10.64.040 Markings indicating meter space. The Department of Public Works shall have lines
or markings painted upon the curbs, streets or area adjacent to each parking meter, designating
the parking space for which the meter is to be used. (690-6/58, 1490-5/69, Urg. Ord. 1491-4/69)
10.64.050 Vehicle position within lines. Each vehicle parked adjacent to any parking meter
shall be parked within said lines or markings. (496-7/46)
10.64.060 Improper parking. It is unlawful to park any vehicle across any such lines or
markings, or to park a vehicle in such a position that it shall not be entirely within the space
designated by such lines or markings. (496-7/46)
10.64.070 Proper functioning. Each parking meter shall be so designed that the deposit of a
coin or coins will set the mechanism of the meter in motion or permit the mechanism to be set in
motion so that the meter will show the unexpired parking time applicable to the parking space
adjacent to the meter; and the meter, when parking time has expired, shall so indicate by a visible
sign. (496, 8/46,582-4/52)
10.64.080 Adjusting meters. Parking meters when installed and properly operated shall be so
adjusted as to show legal parking as follows:
(a) Twelve-minute Meters. To show legal parking during a period of twelve (12)minutes upon
and after the deposit therein of a United States one cent coin.
(b) Sixty-minute Meter. To show legal parking during a period of twelve (12) minutes from and
after the deposit therein of a United States one cent coin, twenty-four(24) minutes upon and
after the deposit therein of two United States one cent coins, thirty-six (36) minutes upon and
8/89
D t,
10.64.080(b)--10.64.090 Huntington Beach Municipal Code
after the deposit therein of three United States one cent coins, forty-eight(48)minutes upon
and after the deposit therein of four United States one cent coins, sixty minutes upon and
after the deposit therein of five United States one cent coins,or one United States five cent
coin.
(c) One-hundred-and-twenty-minute Meter. To show legal parking during a period of twelve
minutes from and after the deposit therein of a United States one cent coin, twenty-four(24)
minutes upon and after the deposit therein of two United States one cent coins, thirty-six(36)
minutes upon and after the deposit therein of three United States one cent coins, forty-eight
(48)minutes upon and after the deposit therein of four United States one cent coins, sixty
minutes upon and after the deposit therein of five United States one cent coins, or one United
States five cent coin, and one-hundred-and-twenty(120)minutes from and after the deposit
therein of five United States one cent coins and one United States five cent coin, or two
United States five cent coins.
(d) Twelve-hour Meter. Twelve-hour(12) meter to show legal parking during the period of one
hour upon and after the deposit of one United States twenty-five (25)cent coin, thereafter
said meter to show legal parking during a period of one additional hour for each United
States twenty-five (25) cent coin deposited therein.
(e) Payments. Payments for the aforesaid amounts for the above periods shall be made for
parking in the areas in the parking meter zone set forth hereinafter in accordance with the
type of meter installed at each parking space. (496-7146,690-6158, 1371-1/67)
10.64.090 Violation--Penalty. Any person violating any provision of this chapter shall, upon
conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred
dollars ($100). (2276-5/78)
8/89
• t
HUNTINGTON BEA CH
MUNICIPAL CODE UPDA TES
(Effective 11/2/96)
Please Remove from Code Please Add to Code
-- Chapter 17.66
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
961102.d oc
Huntington Beach Municipal Code 17.66.10--17.66.020(i)
Chapter 17.66
LIBRARY DEVELOPMENT FEE
(3333-11/96)
Sections:
17.66.010 Purpose
17.66.020 Definitions
17.66.030 Establishment of a Library Development Fee
17.66.040 Exceptions
17.66.040 Calculation of Required Fees
17.66.050 Payment of Fees
17.66.060 Fee Adjustments
17.66.070 Fee Refunds
17.66.010 Purpose. The purpose of this Chapter is to establish a Library Development Fee that
imposes upon future Development Projects an equitable share of the cost of mitigating future
Library Facility needs created by such projects. (3333-11/96)
17.66.020 Definitions. For the purposes of this Chapter, the following terms shall be defined as
follows: (3333-11/96)
(a) `Building and Safety Director" shall mean the Building and Safety Director of the City of
Huntington Beach or his/her designee. (3333-11/96)
(b) "Conunercial or Industrial Development Project" shall mean the construction of new Floor
Area on a lot in any of the Non-Residential Zoning Districts of the City. (3333-11/96)
(c) "Development Project" means any residential, commercial or industrial Development
Project. (3333-11/96)
(d) "Governmental or Public Facilities" shall mean publicly owned buildings and structures used
for the purposes of conducting City, County, State or Federal Government business. Such
facilities shall include, but not be limited to, city halls, police and fire stations, offices,
equipment yards, sanitation facilities, schools, recreation centers, and similar facilities.
Private commercial Development Projects leasing publicly owned land shall not be
considered Governmental or Public Facilities. (3333-11/96)
(e) "Floor Area" shall mean the area of all floors and levels as defined in the Huntington Beach
Building Code. (3333-11/96)
(f) "Library Facilities" means library building space and Library Materials, which are owned and
operated by the City of Huntington Beach. (3333-11/96)
(g) "Library Materials" means books, magazines, video cassettes, compact disks, computer
programs, and other reference and circulation materials. (3333-11/96)
(h) "Planning Director" shall mean the Planning Director of the City of Huntington Beach, or his
or her designee. (3333-11/96)
(i) "Residential Development Project" shall mean the construction of a dwelling unit on a lot in
any of the residential zoning districts of the City. For purposes of this.Chapter, the addition
of Floor Area shall be considered construction of a Residential Development Project if the
additional Floor Area exceeds fifty (50) percent of the existing Floor Area, as determined by
the Building and Safety Director. (3333-11/96)
11/96
17.66.30--17.66.050(b) Huntington Beach Municipal Code
17.66.030 Establishment of a Library Development Fee. Except as otherwise provided in this
Chapter, the applicant for a building permit for a Development Project shall pay a Library
Development Fee in an amount establishment by resolution of the City Council. (3333-11/96)
17.66.040 Exceptions. The following development activities shall be exempt from the
requirement of a payment of a Library Development Fee: (3333-11/96)
(a) Governmental or Public Facilities. (3333-11/96)
(b) Churches, temples, synagogues, and other buildings or structures used for religious worship.
(3333-11/96)
(c) Private schools which meet the requirements contained in California Education Code
§ 48222, or its successor, so that attendance at such schools complies with California
compulsory education requirements. (3333-11/96)
(d) In order to ensure that the Library Development Fee requirement set forth in this Chapter will
not be contrary to the public interest or prevent the development of a public service project,
the City Council may waive all, or any portion of the fee if the Council determines that a
development will serve a public purpose or satisfy a public need and that the fee will hinder
such development. (3333-11/96)
17.66.040 Calculation of Required Fees. The Building and Safety Director shall calculate the
fees required by this Chapter prior to the issuance of the first building permit for a Development
Project. (3333-11/96)
17.66.050 Payment of Fees. The payment of fees required by this Chapter shall be made
according to the following procedures: (3333-11/96)
(a) Payment Procedure for Commercial or Industrial Development Projects. Fees required by this
Chapter from a Commercial or Industrial Development Project shall be paid at the time that
the City issues a building permit for the project. (3333-11196)
(b) Payment Procedure for Residential Development Projects. Fees required by this Chapter from
a Residential Development Project shall be paid before final inspection of the dwelling unit
on which fees are imposed. However, if a Residential Development Project contains more
that four(4) dwelling units, then the fees imposed by this Chapter on the entire development
shall be paid before final inspection of the first dwelling unit in that Project. For the purposes
of this Section, "final inspection" is defined as that term is defined in Government Code
§ 66007, as amended. (3333-11/96)
If the fee imposed by this Chapter on a Residential Development Project of more than four
(4) dwelling units is not paid before a building permit is issued for the first dwelling unit, the
dwelling unit developer shall enter into a contract with the City to pay those fees prior to
final inspection of the first dwelling unit in that Project. The contract shall be recorded in the
office of the Orange County Recorder and shall constitute a lien for the payment of fees
required by this Chapter. The lien shall be enforceable against successors in interest to the
initial holder of the building permit. (3333-11/96)
The contract shall also require the building permitholder to provide appropriate notification
of the opening of any escrow for the sale of the property for which the building permit is
issued and to provide in the escrow instructions that the fees required by this Chapter be paid
from the sale proceeds in escrow prior to disbursing proceeds to the seller. (3333-11/96)
11/96
1
Huntington Beach Municipal Code 17.66.60--17.66.070(b)
17.66.060 Fee Adjustments. Any person subject to a fee required by this Chapter may apply to
the City Council for a reduction, adjustment or waiver of that fee based upon the absence of a
reasonable relationship between the impact of that person's Development Project on Library
Facilities demand in the City of Huntington Beach and either the amount of the fee charged or
the type of facilities to be provided. (3333-11/96)
(a) Application. There shall be a separate application for each fee adjustment request made
pursuant to this Section. Such application shall be made on forms provided by the Planning
Director and shall be filed with the City Clerk not later than: (1) thirty (30) days prior to the
public hearing on a land use entitlement application for the Development Project or (2) if no
such permit is required, the time of application for a building permit for the Development
Project. Each application shall state in detail the factual basis for the request for reduction,
adjustment or waiver. (3333-11/96)
(b) Hearing. The Planning Commission shall consider the fee adjustment application at the
public hearing regarding the application for a Development Permit, or, when no public
hearing regarding a development permit is required, at a separate hearing by the Planning
Commission within sixty (60) days after the fee adjustment application is deemed complete
by the City Clerk. (3333-1 v96)
(c) Appeal. Any interested person may appeal the decision of the Planning Commission to the
City Council. (3333-11/96)
17.66.070 Fee Refunds. Upon application, fees collected by the City pursuant to this Chapter
shall be refunded under the following circumstances: (3333-11/96)
(a) Fees collected pursuant to this Chapter are erroneously or illegally collected. An application
for refund pursuant to this subsection (a) shall be filed with the Building and Safety Director
no later than ninety (90) days after the initial payment of the fee pursuant to § 17.66.050 of
this Chapter. (3333-11196)
(b) The building permit expires, and no extension has been granted, for the Development Project
upon which fees were imposed pursuant to this Chapter. An application for refund pursuant
to this subsection (b) shall be filed with the Building and Safety Director no later than ninety
(90) days after expiration of the building permit. (3333-11/96)
11/96
F a
HUNTINGTON BEA CH
MUNICIPAL CODE UPDATES
(Effective 10/21/96)
Please Remove from Code Please Add to Code
Title 2 Title 2
Chapter 5.44 Chapter 5.44
Chapter 5.70 Chapter 5.70
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
961021.doc
Huntington Beach Municipal Code Title 2 Index
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 Eligibility of Candidates
2.05 Gifts to Public Officials
2.06 Campaign Documents
2.07 Campaign Reform
2.08 Administrative Officer
2.12 Administrative Services Department
2.16 City Treasurer
2.20 City Attorney
2.24 Police Chief
2.28 City Council
2.30 Community Services Department
2.32 Department of Community Development
2.34 City Planning Commission
2.36 Repealed--2464-12/80
2.40 Fire Department
2.44 Repealed--2332-1/79
2.48 Repealed--2330-1/79
2.52 Police Department
2.56 Public Works Department
2.60 Repealed--2332-1/79
2.64 Community Services Commission
2.68 Repealed--2591-1/83
2.72 Personnel System
2.76 Competitive Service Regulations
2.80 Redevelopment Agency
2.84 Public Library--General Provisions
2.86 Library Services Department
2.88 Repealed-- 2363-5/79
2.92 Repealed--2363-5/79
2.96 Disposition of Unclaimed Property
2.97 Citizen Participation Advisory Board
2.99 Repealed-- 3335-10/96
2.100 Operating Policy for Boards and Commissions
2.101 Allied Arts Board
2.102 Environmental Board
2.103 Repealed-- 3335-10/96
2.104 Advisory Board on the Handicapped
2.105 Airport Board
2.106 Fourth of July Executive Board
2.107 Historic Resources Board
2.108 Huntington Beach Youth Board
2.109 Finance Board
2.110 Investment Advisory Board
2.111 Public Works Commission
2.112 Mobile Home Advisory Board
7/96
_ t
i
Huntington Beach Municipal Code Title 2 index
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 Eligibility of Candidates
2.05 Gifts to Public Officials
2.06 Campaign Documents
2.07 Campaign Reform
2.08 Administrative Officer
2.12 Administrative Services Department
2.16 City Treasurer
2.20 City Attorney
2.24 Police Chief
2.28 City Council
2.30 Community Services Department
2.32 Department of Community Development
2.34 City Planning Commission
2.36 Repealed-- 2464-12/80
2.40 Fire Department
2.44 Repealed -- 2332-1/79
2.48 Repealed -- 2330-1/79
2.52 Police Department
2.56 Public Works Department
2.60 Repealed -- 2332-1/79
2.64 Community Services Commission
2.68 Repealed -- 2591-1/83
2.72 Personnel System
2.76 Competitive Service Regulations
2.80 Redevelopment Agency
2.84 Public Library--General Provisions
2.86 Library Services Department
2.88 Repealed -- 2363-5/79
2.92 Repealed -- 2363-5/79
2.96 Disposition of Unclaimed Property
2.97 - ` " -- - L' i+1 3evl P6'* Lp�tt �d�trc 5 �
2.99 C4i-zens'Ad-visof-y B-oard-fcFr-N-nTsing-and-C-ommunity Development r'i�,
2.100 Operating Policy for Boards and Commissions
2.101 Allied Arts Board
2.102 Environmental Board
2.103 Human Resources-B-oard• I G/c/6
2.104 Advisory Board on the Handicapped
1105 Airport Board
2.106 Fourth of July Executive Board
2.107 Historic Resources Board
2.108 Huntington Beach Youth Board
2.109 Finance Board
2.110 Investment Advisory Board
2.111 Public Works Commission
2/96
Huntington Beach Municipal Code 5.44.010--5.44.020(b)(1)(a)
Chapter 5.44
,) RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES
(1265-12/66, 1444-10/68, 1454-12/68, 3213-11/93, Urg. 3247-8/94)
Sections:
5.44.010 Entertainment permit required
5.44.015 Entertainment restrictions
5.44.020 Definitions
5.44.025 Repealed -- Ordinance 3213-11/93
5.44.030 Entertainment permit--Application
5.44.040 Permit--Application fee
5.44.050 Permit--Granting
5.44.060 Permit--Period valid
5.44.065 Permit--Notice to Applicant of Action Taken
5.44.070 Permit--Appeal of decision
5.44.080 Exclusions
5.44.090 Revocation of permit--Hearing
5.44.100 Revocation of permit--Reapplication
5.44.010 Entertainment permit required.
(a) No person shall provide or permit any type of entertainment in a coffee shop, restaurant,
nightclub, or place where food or other refreshments are served and which is open to the
public unless such person shall first obtain a permit to do so from the Chief of Police as
hereinafter provided. (1265-12/66, 2541-3/82, 3213-11/93)
(b) Every establishment in the Ctty of Huntington Beach is subject to the requirements of this
chapter, if entertainment or dancing is conducted or proposed to be conducted in such
establishment. (3213-11/93)
(c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is
granted, in compliance with the provisions of this chapter, and unless said establishment is in
complete compliance with every other applicable law which may otherwise apply to the
operation of the establishment. (3213-11/93)
5.44.015 Entertainment restrictions. The entertainment provided or allowed by the permittee
shall be restricted to that which is specified in the entertainment permit. (3213-11/93)
5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless
specifically adopted by another section of the Huntington Beach Municipal Code for use therein.
(1265-12/66, 2541-3/82, 3213-11/93)
(a) Establishment(s). Except as otherwise provided, and for purposes of this Chapter, an
"establishment" means any location within the limits of the City of Huntington Beach to which
the public may be invited where alcoholic beverages are served. (3213-11/93)
(b) Entertainment. As used in this Chapter, "entertainment" means a single event, a series of
events, or an ongoing activity or business, occurring alone or as part of another business, to
which the public is invited to watch, listen, or participate, or is conducted for the purposes of
holding the attention of, gaining the attention of, or diverting or amusing guests or patrons,
including, but not limited to: (3213-11/93)
(1) (a) Any amusement or event such as live music or other performance which is knowingly
permitted by any establishment subject to this chapter, including presentations by
8/94
Y
5.44.020(b)(1)(a)--5.44.030(b) Huntington Beach Municipal Code
single or multiple performers, such as hypnotists, pantomimes, comedians, song or
dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival
or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and
any other such activity which may be attended by members of the public. (3213-11/93)
(b) Live or recorded music where public dancing is permitted. (3213-11/93)
(2) Any event controlled, conducted, sponsored, encouraged, or knowingly permitted, by an
establishment subject to this chapter, which involves any of the activities described in the
foregoing paragraphs which is presented by members of the public, whether or not the
participants in said activities are compensated by the establishment. (3213-11/93)
(3) Establishments which provide juke boxes, televisions, video games, video programs, or
recorded music and no other entertainment, as herein defined, are not required to comply
with the provisions of this chapter, unless the recorded music is played on equipment
which is operated by an agent or contractor of the establishment for a period exceeding
ten (10) minutes per hour.
The intent of this section is to require a permit of establishments which provide that which
is commonly known as a "DJ" and to exempt establishments which provide incidental or
ambient music. (3213-11193)
(c) Dancing. "Dance and Dancing" is defined as movement of the human body, accompanied by
music or rhythm, except however, "dance and dancing", as used in this chapter, means
dancing by patrons only; any other form of dance is deemed "entertainment", as defined
herein. (3213-11/93)
(d) Patron(s). "Patron(s)" is defined as a member or members of the public who enter any
establishment subject to this chapter, except as hereinafter provided. (3213-11/93)
"Patron(s)" do not include: (3213-11/93)
(1) any agent, owner, employee or contractor of an establishment subject to this chapter.
Any person who indirectly or directly receives anything of value in exchange for his or
her services rendered on behalf of such establishment shall be considered an
"employee" hereunder; (3213-11/93)
(2) any agent or representative of any governmental entity of any description whatsoever,
including ad hoc boards, task forces, and commissions, provided that such agent or
representative enters an establishment, acting in his or her official capacity on behalf of
said governmental entity; (3213-11/93)
(3) persons who conduct entertainment at the subject establishment. (3213-11/93)
5.44.030 Entertainment 1permit--Applicati®n. (3213-11/93)
(a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is
required for the use of any establishment which proposes to provide, or which does provide,
entertainment or dancing, the provisions of this chapter shall be satisfied before application is
made to the City for any such use permit or entitlement. The body before whom such
entitlement application is heard shall not impose any condition inconsistent with the conditions
imposed on a permit issued pursuant to this chapter. (3213-11/93)
(b) Applicants for entertainment permits shall file a writteii, signed and acknowledged application
with the Business License Department showing: (3213-11/93)
8/94
Huntington Beach Municipal Code 5.44.030(b)(1)--5.44.050(3)
(1) The name and permanent address of applicant; (3213-11/93)
(2) A detailed description of the entertainments, including type of entertainment, number of
persons engaged in the entertainment, and any further information about the entertainment
as the Chief of Police deems necessary; (3213-11/93)
(3) The date, hours and location where the entertainment is proposed, and the admission fee,
if any, to be charged;
(4) The name or names of the person or persons having the management or supervision of
applicant's business;
(5) A statement of the nature and character of applicant's business, if any, to be carried on in
conjunction with such entertainment;
(6) Whether or not the person or persons having the management or supervision of applicant's
business have been convicted of a crime, the nature of such offense, and the sentence
received therefor;
(7) Such other reasonable information as to the identity or character of the person or persons
having the management or supervision of applicant's business as the Chief of Police may
deem necessary. (1265-12166, 1454-12/68)
(8) A floor plan and site plan showing the building interior and grounds, including parking
spaces, and the dimension of each portion. (3213-11/93)
(9) A copy of any other licenses, permits, or entitlements issued to the applicant for this
establishment or use. (3213-11/93)
5.44.040 Permit--Application fee. A fee of two hundred dollars ($200) shall be paid upon the
filing of each application for a permit for the purpose of defraying the expenses incidental to the
processing of the application. This fee amount shall be valid for a period of one year from the
date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City
Council. (1265-12/66, 3213-11/93)
5.44.050 Permit--Granting. After the making and filing of the application, the Business License
Department shall refer the matter to the Chief of Police for investigation and report thereon. The
Chief of Police shall approve and issue an entertainment permit if the application and evidence
submitted show that: (1265-12/66, 1444-10/68, 3213-11/93, Urg. 3247-8/94)
(1) The granting of previous entertainment and other related permits to the applicant has not, in
the past, resulted in the operation of a business or businesses which have created loud and/or
unreasonable noise levels for that location, as regulated by Huntington Beach Municipal Code
Section 8.40, or excessive disturbances to the surrounding environment such that calls for
services to the Police Department have exceeded fifteen (15) in the preceding twelve (12)
months, and (Urg.3247-8/94)
(2) The applicant or business has not been previously convicted of disturbing the peace and/or the
creation of and failure to abate a nuisance as defined in the California Civil Code, and (Urg.
3247-8/94)
(3) The type of entertainment to be provided would not attract crowds considered large for that
location, would not overwhelm the available police and safety services, and would not be
incompatible with the surrounding environment, and (Urg. 3?47-8/94)
8/94
r
5.44.050(4)--5.44.080(d) Huntington Beach Municipal Code '
(4) The premises within which the entertainment is to be presented shall provide sufficient sound-
absorbing insulation such that noise generated within the premises shall not be in violation of
Huntington Beach Municipal Code Section 8.40 in relation to adjacent property or public
right-of-way or within any other building or other separate unit within the same building, and
(Urg. 3247-8/94)
(5) Considering where the entertainment is to be presented and its proximity to other businesses,
residences, and the surrounding environs, there exist possible effective means of mitigating the
noise emanating from the business to a level of insignificance and in compliance with
Huntington Beach Municipal Code Section 8.40, and (Urg. 3247-8194)
(6) The place of entertainment is to be located in a zone permitting the proposed use under
Chapter 92 of the Huntington Beach Ordinance Code, and (Urg. 3247-8/94)
(7) All signage conforms to the requirements for that zone, and (Urg. 3247-8/94)
(8) The granting of an entertainment permit would not violate other sections of the Huntington
Beach Municipal Code or other applicable laws, and (Urg. 3247-8/94)
(9) For the renewal of a previously granted entertainment permit, the business has not
necessitated calls to police and resulting police responses as a result of its operations at a level
which is at least twenty percent (20%) greater than calls and responses for similarly-situated
businesses. (Urg. 3247-8/94)
5.44.060 Perrnit--Period va➢idle The permit shall be granted for the specific occasion requested,
or if the request is for continuous permit, the permit shall be issued for not longer than one year.
(1265-12/66)
r�
5.44.065 ?e>rmit--Notice to Apo➢icaut of Actin Taken. Within twenty (20) working days
after the making and filing of the application, unless the applicant signs a written waiver of notice,
the Police Department shall mail or personally deliver written notice to the applicant stating the
action that was taken on the application, together with a list of any conditions imposed if the
application is granted or, if the application is denied, the specific grounds for the denial. The
notice shall also advise the applicant of his right to appeal the denial of his application or any of
the conditions imposed. (3213-11/93)
5.44.070 ?ermit--ApRea➢ of decision. Any permit applicant aggrieved by the decision of the
Chief of Police to deny or impose any conditions on such a permit may appeal to the City Council
in the manner provided by Section 9880 of the Huntington Beach Ordinance Code; except that
the written appeal must be filed with the City Clerk within five (5) days of service of written
notice of the Chief of Police's decision. (1444-10/68, 3213-11/93)
5.44.080 IExc➢usio nso The provisions of section 5.44.010 shall not be deemed to require a permit
for the following:
(a) For the use of a radio or music recording machine, or juke box in any establishment;
(b) For any entertainment provided for members and their guests at a private club where
admission is not open to the public;
(c) For entertainment conducted in connection with a regularly established recreation park, circus
or fairground;
(d) For entertainment conducted by or sponsored by any bona fide club, society or association,
organized or incorporated for benevolent, charitable dramatic or literary purposes having an
8/94
5.44.080(d)--5.44.100 Huntington Beach Municipal Code
established membership and which holds meetings other than such entertainment at regular
f intervals, when proceeds, if any, arising from such entertainment are used for the purposes of
such club, society or association. (1265-12166)
5.44.090 Revocation of permit--Hearing.
(a) The City Council may, after conducting a public hearing on the matter, revoke or suspend the
permit and license of any person holding same in the City, upon receiving satisfactory
evidence that the licensee or permittee has been convicted of, or has entered a plea of guilty to
any violation of the provisions of this chapter, or of any other law or ordinance of the City or
state relating to such business. The City Council may revoke any permit issued or granted
under section 5.44.030 if, after hearing, it is determined that the entertainment is detrimental
to the public welfare or that permittee, or his employees, are engaged in conduct or behavior
which creates unreasonable noise or constitutes a nuisance. Complaints registered with the
City Police or Fire Departments, with the Department of Community Development, the State
Alcoholic Beverage Control Board or the County Health Department may be considered in
the determination of whether or not a nuisance has been created. (1265-12/66, 3213-11/93)
(b) The City Council may, in its discretion, appoint an independent Hearing Officer to conduct a
revocation hearing. The Hearing Officer will provide notice of the time and place of the
hearing to the permittee ten (10) days in advance of the hearing. The Officer shall make a
recommendation to the City Council after hearing evidence and providing the permittee with
an opportunity to be heard and present evidence in his own behalf, and shall prepare written
findings. The City Council shall consider those findings and any other written material which
the permittee submits in his own behalf and make a determination as to whether the permit
should be revoked, modified or remain in force. (3213-11/93)
5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under
the terms of this chapter, no other application for a permit under this chapter shall be considered
for a period of one year from date of such revocation. (1265-12/66)
8/94
Huntington Beach Municipal Code 5.44.010-5.44.020
Chapter 5.44
RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES �Il
(1265-12166, 1444-10168,1454-12/68,3213-11/93,Urg.3247-8/94,Urg.3341-10/96)
Sections:
5.44.010 Entertainment permit required
5.44.015 Entertainment restrictions
5.44.020 Definitions
5.44.025 Repealed-- Ordinance 3213-11/93
5.44.030 Entertainment permit--Application
5.44.040 Permit--Application fee
5.44.050 Permit--Granting
5.44.060 Permit--Period valid
5.44.065 Permit--Notice to Applicant of Action Taken
5.44.070 Permit--Appeal of decision
5.44.080 Exclusions
5.44.090 Revocation of permit--Hearing
5.44.100 Revocation of permit--Reapplication
5.44.010 Entertainment permit required.
(a) No person shall provide or permit any type of entertainment in a coffee shop,restaurant,
nightclub, or place where food or other refreshments are served and which is open to the
public unless such person shall first obtain a permit to do so from the Chief of Police as
hereinafter provided. (1265-12/66, 1454-12/68,2541-3/82,3213-11/93)
(b) Every establishment in the City of Huntington Beach is subject to the requirements of this
chapter, if entertainment or dancing is conducted or proposed to be conducted in such
establishment. (3213-11/93)
(c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is
granted, in compliance with the provisions of this chapter, and unless said establishment is in
complete compliance with every other applicable law which may otherwise apply to the
operation of the establishment. (3213-11/93)
(d) The Issuance of a Sex Oriented Business Permit pursuant to Chapter 5.70 of this Code is
applicable satisfies the entertainment requirement of this Chapter. A separate entertainment
permit is not required. (Urg.3341-10/96)
5.44.015 Entertainment restrictions. The entertainment provided or allowed by the permittee
shall be restricted to that which is specified in the entertainment permit. (3213-11/93)
5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only,
unless specifically adopted by another section of the Huntington Beach Municipal Code for use
therein. (1265-12/66,2541-3/82,3213-11/93)
9 0/96
t
r
5.44.020(a)-5.44.020(d) Huntington Beach Municipal Code
(a) EstablishmenW. Except as otherwise provided, and for purposes of this Chapter,an
"establishment" means any location within the limits of the City of Huntington Beach to
which the public may be invited where alcoholic beverages are served. (3213-11/93)
(b) Entertainment. As used in this Chapter, "entertainment" means a single event,a series of
events, or an ongoing activity or business, occurring alone or as part of another business,to
which the public is invited to watch, listen, or participate, or is conducted for the purposes of
holding the attention of, gaining the attention of,or diverting or amusing guests or patrons,
including,but not limited to: (3213-11193)
(1) (a) Any amusement or event such as live music or other performance which is knowingly
permitted by any establishment subject to this chapter, including presentations by
single or multiple performers, such as hypnotists,pantomimes, comedians, song or
dance acts,plays,concerts, any type of contest; sporting events, exhibitions, carnival
or circus acts, demonstrations of talent or items for gift or sale; shows,reviews,and
any other such activity which may be attended by members of the public. (3213-11/93)
(b) Live or recorded music where public dancing is permitted. (3213-11/93)
(2) Any event controlled, conducted, sponsored, encouraged, or knowingly permitted,by an
establishment subject to this chapter,which involves any of the activities described in the
foregoing paragraphs which is presented by members of the public,whether or not the
participants in said activities are compensated by the establishment. (3213-11/93)
(3) Establishments which provide juke boxes,televisions, video games,video programs,or
recorded music and no other entertainment, as herein defined, are not required to comply
with the provisions of this chapter,unless the recorded music is played on equipment
which is operated by an agent or contractor of the establishment for a period exceeding
ten(10) minutes per hour.
The intent of this section is to require a permit of establishments which provide that
which is commonly known as a"DJ" and to exempt establishments which provide
incidental or ambient music. (3213-11/93)
(c) Dancing. "Dance and Dancing" is defined as movement of the human body,accompanied by
music or rhythm, except however, "dance and dancing", as used in this chapter,means
dancing by patrons only; any other form of dance is deemed "entertainment", as defined
herein. (3213-11/93)
(d) Patron(s). "Patron(s)" is defined as a member or members of the public who enter any
establishment subject to this chapter, except as hereinafter provided. (3213-11/93)
"Patron(s)" do not include: (3213-11/93)
10196
Huntington Beach Municipal Code 5.44.020(d)(1�-5.44.030(b)M
(1) any agent, owner, employee or contractor of an establishment subject to this chapter.
Any person who indirectly or directly receives anything of value in exchange for his
or her services rendered on behalf of such establishment shall be considered an
"employee" hereunder; (3213-11/93)
(2) any agent or representative of any governmental entity of any description whatsoever,
including ad hoc boards, task forces, and commissions,provided that such agent or
representative enters an establishment, acting in his or her official capacity on behalf
of said governmental entity; (3213-11/93)
(3) persons who conduct entertainment at the subject establishment. (3213-11/93)
5.44.030 Entertainment permit--Application. (3213-11/93)
(a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is
required for the use of any establishment which proposes to provide, or which does provide,
entertainment or dancing,the provisions of this chapter shall be satisfied before application is
made to the City for any such use permit or entitlement. The body before whom such
entitlement application is heard shall not impose any condition inconsistent with the
conditions imposed on a permit issued pursuant to this chapter. (3213-11/93)
(b) Applicants for entertainment permits shall file a written, signed and acknowledged
application with the Business License Department showing: (3213-11/93)
(1) The name and permanent address of applicant; (3213-11/93)
(2) A detailed description of the entertainments,including type of entertainment,number of
persons engaged in the entertainment, and any further information about the
entertainment as the Chief of Police deems necessary; (3213-11/93)
(3) The date, hours and location where the entertainment is proposed, and the admission fee,
if any,to be charged;
(4) The name or names of the person or persons having the management or supervision of
applicant's business;
(5) A statement of the nature and character of applicant's business, if any,to be carried on in
conjunction with such entertainment;
(6) Whether or not the person or persons having the management or supervision of
applicant's business have been convicted of a crime,the nature of such offense, and the
sentence received therefor;
(7) Such other reasonable information as to the identity or character of the person or persons
having the management or supervision of applicant's business as the Chief of Police may
deem necessary. (1265-12/66, 1454-12/68)
10/96
5.44.030(b)(8)-5.44.050(7) Huntington Beach Municipal Code
(8) A floor plan and site plan showing the building interior and grounds, including parking
spaces,and the dimension of each portion. (3213-11/0)
(9) A copy of any other licenses,permits,or entitlements issued to the applicant for this
establishment or use. (3213-11/93)
5.44.040 Permit—Application fee. A fee of two hundred dollars($200) shall be paid upon the
filing of each application for a permit for the purpose of defraying the expenses incidental to the
processing of the application. This fee amount shall be valid for a period of one year from the
date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City
Council. (1265-12/66,3213-11/93)
5.44.050 Permit--Granting. After the making and filing of the application,the Business
License Department shall refer the matter to the Chief of Police for investigation and report
thereon. The Chief of Police shall approve and issue an entertainment permit if the application
and evidence submitted show that: (1265-12/66,1444-10/68,3213-11/93,Urg.3247-8/94)
(1) The granting of previous entertainment and other related permits to the applicant has not, in
the past, resulted in the operation of a business or businesses which have created loud and/or
unreasonable noise levels for that location, as regulated by Huntington Beach Municipal
Code Section 8.40, or excessive disturbances to the surrounding environment such that calls
for services to the Police Department have exceeded fifteen(15)in the preceding twelve(12)
months, and (Urg.3247-8/94)
(2) The applicant or business has not been previously convicted of disturbing the peace and/or
the creation of and failure to abate a nuisance as defined in the California Civil Code, and
(Urg.3247-8/94)
(3) The type of entertainment to be provided would not attract crowds considered large for that
location, would not overwhelm the available police and safety services, and would not be
incompatible with the surrounding environment, and(Urg.3247-8/94)
(4) The premises within which the entertainment is to be presented shall provide sufficient
sound-absorbing insulation such that noise generated within the premises shall not be in
violation of Huntington Beach Municipal Code Section 8.40 in relation to adjacent property
or public right-of-way or within any other building or other separate unit within the same
building, and (Urg.3247-8/94)
(5) Considering where the entertainment is to be presented and its proximity to other businesses,
residences, and the surrounding environs,there exist possible effective means of mitigating
the noise emanating from the business to a level of insignificance and in compliance with
Huntington Beach Municipal Code Section 8.40,and (Urg.3247-8/94)
(6) The place of entertainment is to be located in a zone permitting the proposed use under
Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance,and (Urg.3247-8194)
10/96
Huntington Beach Municipal Code 5.44.050(7)-5.44.080(d)
(7) All signage conforms to the requirements for that zone, and (urg.3247-8/94)
(8) The granting of an entertainment permit would not violate other sections of the Huntington
Beach Municipal Code or other applicable laws, and (Urg.3247-8/94)
(9) For the renewal of a previously granted entertainment permit,the business has not
necessitated calls to police and resulting police responses as a result of its operations at a
level which is at least twenty percent(20%)greater than calls and responses for similarly-
situated businesses.(Urg.3247-8/94)
5.44.060 Permit--Period valid. The permit shall be granted for the specific occasion requested,
or if the request is for continuous permit,the permit shall be issued for not longer than one year.
(1265-12/66)
5.44.065 Permit--Notice to Applicant of Action Taken. Within twenty(20)working days
after the making and filing of the application,unless the applicant signs a written waiver of
notice,the Police Department shall mail or personally deliver written notice to the applicant
stating the action that was taken on the application,together with a list of any conditions imposed
if the application is granted or, if the application is denied,the specific grounds for the denial.
The notice shall also advise the applicant of his right to appeal the denial of his application or
any of the conditions imposed. (3213-11/93)
5.44.070 Permit--Appeal of decision. Any permit applicant aggrieved by the decision of the
Chief of Police to deny or impose any conditions on such a permit may appeal to the City
Council in the manner provided by Section 248.02A of the Huntington Beach Zoning and
Subdivision Ordinance; except that the written appeal must be filed with the City Clerk within
five(5)days of service of written notice of the Chief of Police's decision. (1444-10/68,3213-11/93)
5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a
permit for the following:
(a) For the use of a radio or music recording machine, or juke box in any establishment;
(b) For any entertainment provided for members and their guests at a private club where
admission is not open to the public;
(c) For entertainment conducted in connection with a regularly established recreation park,
circus or fairground;
(d) For entertainment conducted by or sponsored by any bona fide club, society or association,
organized or incorporated for benevolent, charitable dramatic or literary purposes having an
established membership and which holds meetings other than such entertainment at regular
intervals,when proceeds, if any, arising from such entertainment are used for the purposes of
such club, society or association. (1265-12/66)
1 D/95
5.44.090-5.44.100 Huntington Beach Municipal Code
5,44,090 Revocation of permit--Hearing.
(a) The City Council may, after conducting a public hearing on the matter,revoke or suspend the
permit and license of any person holding same in the City,upon receiving satisfactory
evidence that the licensee or permittee has been convicted of,or has entered a plea of guilty
to any violation of the provisions of this chapter,or of any other law or ordinance of the City
or state relating to such business. The City Council may revoke any permit issued or granted
under section 5.44.030 if, after hearing,it is determined that the entertainment is detrimental
to the public welfare or that permittee, or his employees,are engaged in conduct or behavior
which creates unreasonable noise or constitutes a nuisance. Complaints registered with the
City Police or Fire Departments,with the Department of Community Development,the State
Alcoholic Beverage Control Board or the County Health Department may be considered in
the determination of whether or not a nuisance has been created. (1265-12/66,3213-11/93)
(b) The City Council may, in its discretion, appoint an independent Hearing Officer to conduct a
revocation hearing. The Hearing Officer will provide notice of the time and place of the
hearing to the permittee ten(10)days in advance of the hearing. The Officer shall make a
recommendation to the City Council after hearing evidence and providing the permittee with
an opportunity to be heard and present evidence in his own behalf, and shall prepare written
findings. The City Council shall consider those findings and any other written material
which the permittee submits in his own behalf and make a determination as to whether the
permit should be revoked,modified or remain in force. (3213-11/93)
5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under
the terms of this chapter, no other application for a permit under this chapter shall be considered
for a period of one year from date of such revocation. (1265-12/66)
10196
Huntington Beach Municipal Code 5.70.010-5.70.010(d)
Chapter 5.70
ADULT ENTERTAINMENT BUSINESSES
(2523-12/81) G4
Sections:
5.70.010 Definitions
5.70.020 Permit required
5.70.030 Application for permit
5.70.040 Application contents
5.70.050 Applicant to appear
5.70.060 Application--Investigation
5.70.070 Permit--Refusal--Appeal
5.70.080 Permit renewal
5.70.090 Permits nontransferable
5.70.100 Adult entertainment businesses--Change of location or name
5.70.110 Permit suspension and revocation
5.70.120 Permit pre-revocation hearing
5.70.130 Appeal procedure
5.70.140 Appeal--Council determines procedure
5.70.150 City Council hearing
5.70.160 Powers of Hearing Officer
5.70.170 Rules of evidence inapplicable
5.70.180 Hearing officer--Report
5.70.190 Hearing officer report--Action by Council
5.70.200 Violation--Penalty
5.70.210 Unlawful operation declared nuisance
5.70.010 Definitions. The following terms used in this chapter shall have the meanings
indicated below:
(a) "Adult bookstore" - an establishment having as a substantial or significant portion of its stock
in trade,books, magazines or other periodicals which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical areas or an establishment with a segment or section devoted to the sale
or display of such material.
(b) "Adult business" - either(1) any business which is conducted exclusively for the patronage
of adults and as to which minors are specifically excluded from patronage thereat either by
law or by the operators of such business except any business licensed by the state department
of alcoholic beverage control; or (2) any business, other than those expressly specified in
this article, where employees or patrons expose specified anatomical areas or engage in
specified sexual activities; or(3) any other business or establishment which offers its patrons
services or entertainment characterized by an emphasis on matter depicting, exposing,
describing, discussing or relating to specified sexual activities or specified anatomical areas.
(c) "Adult motion picture theater" - an enclosed building with a capacity of fifty or more
persons, used for presenting material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical areas
for observation by patrons therein.
(d) "Adult mini-motion picture theater" - an enclosed building with a capacity for less than fifty
persons used for presenting material distinguished or characterized by an emphasis on matter
depicting or relating to specified sexual activities or specified anatomical areas for
observation by patrons therein.
12/81
5.70.010(e)-5.70.010(k)(2) Huntington Beach Municipal Code
(e) "Adult hotel or motel' - a hotel or motel wherein material is presented which is distinguished
or characterized by an emphasis on matter depicting, describing or relating to specified `
sexual activities or specified anatomical areas.
(f) "Adult motion picture arcade" -any place to which the public is permitted or invited wherein
coin or slug-operated or electronically, electrically or mechanically controlled still or motion
picture machines, projectors or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where the images so
displayed are distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas.
(g) "Cabaret" -a nightclub,theater or other establishment which features live performances by
topless and/or bottomless dancers, go-go dancers, strippers, or similar entertainers,where
such performances are distinguished or characterized by an emphasis on specified sexual
activities or specified anatomical areas.
(h) "Encounter center" or "rap studio" - any business, agency or person who, for any form of
consideration or gratuity,provides a place where two or more persons may congregate,
assemble or associate for the primary purpose of engaging in, describing or discussing
specified sexual activities, or exposing specified anatomical areas.
(i) "Escort bureau; introduction services" - any business, agency or person who, for a fee,
commission, hire,reward or profit, furnishes or offers to furnish names of persons, or who
introduces, furnishes or arranges for persons who may accompany other persons to or about
social affairs, entertainments or places of amusement, or who may consort with others about
any place of public resort or within any private quarters.
(j) "Specified sexual activities" shall include any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal
copulation,bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually-oriented acts or
conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
or
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
(4) Fondling or touching of nude human genitals, pubic region,buttocks or female breast; or
(5) Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or
(6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a
human being; or
(7) Human excretion,urination,menstruation,vaginal or anal irrigation.
(k) "Specified anatomical areas" shall include any of the following:
(1) Less than completely and opaquely covered human genitals or pubic region; buttock; or
female breast below a point immediately above the top of the areola; or
(2) Human male genitalia in a discernibly turgid state, even if completely and opaquely
covered. (2523-12/81)
12/81
Huntington Beach Municipal Code 5.70.020--5.70.0400)
5.70.020 Permit required. It shall be unlawful for any person, association, partnership or
corporation to engage in, conduct or carry on, in or upon any premises within the city of
Huntington Beach any of the adult entertainment businesses, defined in this chapter, without a
permit so to do. (2523-12/81)
5.70.030 Application for permit.
(a) Any person, association, partnership or corporation to obtain a permit to operate, engage in,
conduct or carry on any adult entertainment business shall make application to the Chief of
Police, or his designated representative. Prior to submitting such application, a
nonrefundable fee, established by resolution of the City Council, shall be paid to the City
Clerk to defray, in part, the cost of investigation and report required by this chapter. The City
Clerk shall issue a receipt showing that such application fee has been paid. The receipt, or a
copy thereof, shall be supplied to the Chief of Police at the time such application is
submitted.
(b) The application for permit does not authorize the engaging in, operation of, conduct of or
carrying on of any adult entertainment business. (2523-12/81)
5.70.040 Application contents. Each application for an adult entertainment business permit
shall contain the following information:
(a) The full, true name and any other names used by the applicant.
(b) The present address and telephone number of the applicant.
(c) The previous addresses of applicant, if any, for a period of five (5)years immediately prior to
the date of the application and the dates of residence at each.
(d) Acceptable written proof that the applicant is at least eighteen (18) years of age.
(e) The applicant's height, weight, color of eyes and hair and date and place of birth.
(f) Two photographs of the applicant a least 2" x 2" taken within the last six months.
(g) Business, occupation or employment history of the applicant for the five (5) years
immediately preceding the date of application.
(h) The business license history of the applicant and whether such applicant, in previous
operations in this or any other city, state, or territory under license, has had such license or
permit for an adult entertainment business or similar type of business revoked or suspended,
the reason therefor, and the business activity or occupation subsequent to such action of
suspension or revocation.
(i) All convictions, including ordinance violations, exclusive of traffic violations, stating the
dates and places of any such convictions.
(j) If the applicant is a corporation, the name of the corporation shall be set forth exactly as
shown in its articles of incorporation or charter, together with the place and date of
incorporation, and the names and addresses of each of its current officers and directors, and
each stockholder holding more than 5 percent of the stock in the corporation. If the applicant
is a partnership, the applicant shall set forth the name, residence address and dates of birth of
the partners, including limited partners. If the applicant is a limited partnership, it shall
furnish a copy of its certificate of limited partnership filed with the County Clerk. If one or
more of the partners is a corporation, the provisions of this subsection pertaining to
corporations shall apply. The applicant corporation or partnership shall designate one of its
officers or general partners to act as its responsible managing officer. Such designated
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5.70.0400)-5.70.060(i) Huntington Beach Municipal Code
persons shall complete and sign all application forms required of an individual applicant
under this chapter, but only one application fee shall be charged.
(k) The name and address of the owner and lessor of the real property upon which the business is
to be conducted, and a copy of the lease or rental agreement.
(1) Such other identification and information as the Police Department may require in order to
discover the truth of the matters hereinbefore specified as required to be set forth in the
application.
(m)The Chief of Police shall require the applicant to furnish fingerprints. (2523-12/81)
5.70.050 Applicant to appear. The applicant, if an individual, or designated responsible
managing officer,if a partnership or corporation, shall personally appear at the Police
Department of the city of Huntington Beach and produce proof that a nonrefundable application
fee, established by resolution of the City Council,has been paid and shall present the application
containing the aforementioned and described information. (2523-12/81)
5.70.060 Application--Investigation. The Chief of Police shall have sixty(60) days to
investigate the application and the background of the applicant. Upon completion of the
investigation,the Chief of Police shall grant the permit if he finds:
(a) The required fee has been paid.
(b) Application conforms in all respects to the provisions of this chapter.
(c) The applicant has not knowingly made a material misrepresentation in the application.
(d) The applicant has fully cooperated in the investigation of his application.
(e) The applicant, if an individual,or any of the stockholders of the corporation, any officers or
directors, if the applicant is a corporation, or any of the partners, including limited partners, if
the applicant is a partnership,has not been convicted in a court of competent jurisdiction of
an offense involving conduct which requires registration under California Penal Code section
290, or of conduct violating Penal Code sections 314, 315, 316, 318, 647(a), 647(b) and
647(h), or convicted of an attempt to commit any of the above-mentioned offenses, or
convicted in any state of any offense which if committed or attempted in this state, would
have been punishable as one or more of the above-mentioned offenses, or any crime
involving dishonesty, fraud, deceit, or moral turpitude.
(f) Applicant has not had an adult entertainment business permit or other similar license or
permit denied or revoked for cause by this city or any other city located in or out of this state
prior to the date of application.
(g) The building, structure, equipment or location of such business, as proposed by applicant,
would comply with all applicable laws, including but not limited to, health, zoning, fire and
safety requirements and standards.
(h) The applicant is at least eighteen years of age.
(i) That the applicant, his or her employee, agent, partner, director, officer, stockholder or
manager has not within two (2)years of the date of the application knowingly allowed or
permitted any act of sexuk intercourse, sodomy, oral copulation,or masturbation to be
committed or allowed in or upon the premises where such adult entertainment business is to
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Huntington Beach Municipal Code 5.70.0600)--5.70.110
be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral
copulation or masturbation openly occur.
(j) That on the date that the business for which a permit is required herein commences, and
thereafter, there will be a responsible person on the premises to act as manager at all times
during which the business is open. (2523-12/81)
5.70.070 Permit--Refusal--Appeal. If the Chief of Police, following investigation of the
applicant, deems that the applicant does not fulfill the requirements as set forth in this chapter, he
shall notify the City Administrator of such opinion and, within sixty (60) days of the date of
application, provide copies of the investigation report to the City Administrator. The City
Administrator shall within ten (10) days, grant the permit or deny the application and notify
applicant by certified mail of such denial. Any applicant who is denied a permit by the City
Administrator may appeal such denial to the City Council pursuant to provisions of this chapter.
(2523-12/81)
5.70.080 Permit renewal. Permits for adult entertainment businesses may be renewed on a
year-to-year basis provided that the permittees continue to meet the requirements set out in this
chapter. The renewal fee for adult entertainment businesses permits shall be established by
resolution of the City Council. (2523-12/81)
5.70.090 Permits nontransferable. No adult entertainment business permit may be sold,
transferred or assigned by a permittee, or by operation of law, to any other person or persons.
Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed
to constitute a voluntary surrender of such permit and such permit shall thereafter be null and
void; provided and excepting, however, that if the permittee is a partnership and one or more of
the partners should die, one or more of the surviving partners may acquire, by purchase or
otherwise, the interest of the deceased partner or partners without effecting a surrender or
termination of such permit, and in such case, the permit, upon notification to the Chief of Police,
shall be placed in the name of the surviving partner. An adult entertainment business permit
issued to a corporation shall be deemed terminated and void when either any outstanding stock of
the corporation is sold, transferred or assigned after the issuance of a permit, or any stock
authorized but not issued at the time of the granting of a permit is thereafter issued and sold,
transferred or assigned. (2523-12/81)
5.70.100 Adult entertainment businesses--Change of location or name.
(a) No adult entertainment business shall move from the location specified on its permit until a
change of location fee, established by resolution of the City Council, has been deposited with
the city, and approval has been obtained from the Chief of Police and the department of
development services. Such approval shall not be given unless all requirements and
regulations, as contained in the city's codes, have been met.
(b) No permittee shall operate, conduct, manage, engage in, or carry on an adult entertainment
business under any name other than his name and the name of the business as specified on his
permit.
(c) Any application for an extension or expansion of a building or other place of business where
an adult entertainment business is located shall require inspection and shall comply with the
provisions and regulations of this chapter. (2523-12/81)
5.70.110 Permit suspension and revocation. The City Administrator may, based on evidence
that any of the provisions of this chapter have been violated, suspend or revoke a permit;
provided that written notice by certified mail of such suspension or revocation is furnished the
permittee. The permittee, within ten(10) days after receipt of notice of suspension or revocation,
12181
5.70.110-5.70.150 Huntington Beach Municipal Code
may file an appeal with the City Clerk to be taken to the City Council. In the event an appeal is
timely filed, the suspension or revocation shall not take effect until final decision has been
rendered by the Council. If the permittee fails to take an appeal within the ten-day filing period
provided herein, suspension or revocation shall take effect immediately upon expiration of such
filing period. (2523-12/81)
5.70.120 Permit pre-revocation hearing.
(a) Upon receipt of evidence of a violation of this chapter,the City Administrator, or his
designee, shall conduct a hearing within ten (10)days. Such hearing shall be governed by the
rules and procedures contained in this chapter. Permittee shall be notified by certified mail of
the time and place of the hearing.
(b) If the City Administrator, or his designee,renders a decision at the conclusion of the hearing,
such decision shall immediately become effective and remain so until an appeal is taken to
the City Council and the Council renders its decision in the matter. If the City Administrator,
or his designee, does not render a decision at the conclusion of the hearing, such decision
shall be given permittee by certified mail not later than two (2)working days following the
conclusion of the hearing. The decision of the City Administrator shall then become
effective two (2)working days from the date of the mailing of the certified notice.
(c) The decision of the City Administrator,or his designee, may be appealed to the City Council
pursuant to the procedure contained in this chapter, and the permittee shall have the burden of
proving that the decision,rendered by the City Administrator, or his designee, was
unreasonable, erroneous or a clear abuse of discretion. (2523-12/81)
5.70.130 Appeal procedure. The permittee shall,within ten(10)days after he has been notified
of an adverse determination, submit a notice of appeal to the City Clerk.
The notice of appeal shall be addressed to the Council and shall specify the subject matter of the
appeal,the date of any original and amended applications or requests,the date of the adverse
decision(or receipt of notice thereof),the basis of the appeal,the action requested of the Council,
and the name and address of the applicant.
The Clerk shall place the appeal on the agenda of the next regular Council meeting occurring not
less than five (5) nor more than thirty (30) days after receipt of the application for Council action.
(2523-12/81)
5.70.140 Appeal--Council determines procedure. When an appeal is placed on the Council
agenda,the Council may take either of the following actions:
(a) Set a hearing date and instruct the City Clerk to give such notice of hearing as may be
-quired by law.
(b) :1ppoint a Hearing Officer and fix the time and place for hearing. The Hearing Officer may
not be a city employee, and may be appointed for an extended period of time. The Clerk
shall assume responsibility for such publication of notice of the hearing as may be required
by law. If a Hearing Officer is appointed, the hearing shall be conducted in accordance with
the procedures set out in this chapter. (2523-12/81)
5.70.150 City Council hearing. Whenever the City Clerk has scheduled an appeal before the
City Council, at the time and date set therefor, the Council shall receive all relevant testimony
and evidence from the permittee, from interested parties and from city staff. The City Council
may sustain, overrule or modify the action of the City Administrator. The action of the City
Council shall be final. (2523-12/81)
12/81
Huntington Beach Municipal Code 5.70.160-5.70.210
5.70.160 Powers of Hearing Officer. The Hearing Officer, appointed pursuant to the procedure
set out in this chapter, may receive and rule on admissibility of evidence, hear testimony under
oath and call witnesses as he may deem advisable with respect to the conduct of the hearing.
(2523-12/81)
5.70.170 Rules of evidence inapplicable. The City Council and the Hearing Officer shall not
be bound by the traditional rules of evidence in hearings conducted under this chapter. (2523-
12/81)
5.70.180 Hearing_officer--Report. The Hearing Officer shall, within a reasonable time not to
exceed thirty (30) days from the date such hearing is terminated, submit a written report to the
Council. Such report shall contain a brief summary of the evidence considered and state
findings, conclusions and recommendation. All such reports shall be filed with the City Clerk,
and shall be considered public records. A copy of such report shall be forwarded by certified
mail to the permittee/appellant the same day it is filed with the City Clerk,with additional copies
furnished the City Administrator and Chief of Police.
The City Clerk shall place the Hearing Officer's report on the agenda of the next regular Council
meeting occurring not less than ten(10) days after the report is filed and shall notify the
permittee/appellant of the date of such meeting at least ten(10) days prior to the meeting unless
the permittee/appellant stipulates to a shorter notice period. (2523-12/81)
5.70.190 Hearing officer report--Action by Council. The Council may adopt or reject the
Hearing Officer's decision in its entirety or may modify the proposed recommendation. If the
Council does not adopt the Hearing Officer's recommendation, it may:
(a) Refer the matter to the same or another Hearing Officer for a completely new hearing, or for
the taking of additional evidence on specific points, in either of such cases the Hearing
Officer shall proceed as provided in this chapter.
(b) Decide the case upon a review of the entire record before the Hearing Officer with or without
taking additional evidence. (2523-12/81)
5.70.200 Violation--Penalty. Any person violating the provisions of this chapter shall be guilty
of a MISDEMEANOR,punishable by a fine of five hundred dollars ($500) or by imprisonment
in the county jail for a period not to exceed six(6)months, or by both such fine and
imprisonment. (2523-12/81)
5.70.210 Unlawful operation declared nuisance. Any adult entertainment business operated,
conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby
declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu
of prosecuting a criminal action hereunder, commence an action or actions, proceeding or
proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. He
shall take such other steps and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate or remove such adult entertainment business and restrain and
enjoin any person from operating, conducting or maintaining an adult entertainment business
contrary to the provisions of this chapter. (2523-12/81)
12/81
Huntington Beach Municipal Code 5.70.010-5.70.05
Chapter 5.70
SEX ORIENTED BUSINESSES
(2523-12/81,Urg.Ord. 3341-10/96)
Sections
5.70.05 Purpose
5.70.010 Definitions
5.70.015 Statement And Records
5.70.020 Permit Required
5.70.030 Application For Sex Oriented Business Permit
5.70.035 Sex Oriented Business Permit Application Investigation
5.70.040 Sex Oriented Business Performer Permit
5.70.045 Sex Oriented Business Performers Permit Application Investigation
5.70.050 Applicant To Appear
5.70.055 Public Hearing
5.70.060 Sex Oriented Business Permit Refusal Appeal
5.70.065 Investigation And Application By The Director of Community Development
5.70.070 Permit Renewal
5.70.080 Permits Nontransferable
5.70.090 Sex Oriented Businesses--Change Of Location Or Name
5.70.100 Sex Oriented Business Standards Of Operation
5.70.110 Enforcement And Revocation
5.70.120 Existing Nonconforming Uses
5.70.130 Regulations Nonexclusive
5.70.140 Violation--Penalty
5.70.150 Unlawful Operation Declared Nuisance
5.70.160 Minors And Intoxicated Persons
5.70.170 Employment Of Persons Without Permits Unlawful
5.70.180 Severability
5.70.05 Purpose. The intent of this ordinance is to regulate businesses which,unless closely
regulated,tend to have serious secondary effects on the community,which effects include, but
are not limited to,the following: depreciation of property values and increase in vacancies in
residential and commercial areas in the vicinity of Sex Oriented Businesses; interference with
residential property owners enjoyment of their property when such property is located in the
vicinity of Sex Oriented Businesses as a result of increases in crime, litter, noise and vandalism;
higher crime rates in the vicinity of Sex Oriented Businesses; and blighting conditions such as
low level maintenance of commercial premises and parking lots, which thereby have a
deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to
prevent these adverse effects and the blighting or degradation of the neighborhoods in the
vicinity of the Sex Oriented Businesses. (Urg.3341-10/96)
It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the
content of any communicative material. Similarly, it is neither the intent nor the effect of this
Chapter to restrict or deny access by adults to Sex Oriented Materials or to deny access by the
distributors or exhibitors of Sex Oriented Businesses to their intended market. (Urg.3341-10/96)
Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation
or maintenance of any business,building or use which violates any City ordinance or any statute
of the State of California regarding public nuisances,unlawful or indecent exposure, sexual
conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
(Urg.3341-10/96)
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5.70.010-5.70.010(i) Huntington Beach Municipal Code
5,70.010 Definitions.
(a) Cabaret. The term"cabaret"a nightclub,theater or other establishment which features live
performances distinguished or characterized by an emphasis on specified sexual activities or
specifies anatomical areas. (Urg.3341-10/96)
(b) Chief of Police. Chief of Police means the Chief of Police or his or her designee.
(Urg.3341-10/96)
(c) Church. The term"church"as used in this article, is a structure which is used primarily for
religious worship and related religious activities. (Urg.3341-10/96)
(d) City Administrator. City Administrator means City Administrator or his or her designee.
(Urg.3341-10/96)
(e) Distinguished or characterized by an emphasis upon. As used in this ordinance,the term
"distinguished or characterized by an emphasis upon" shall mean and refer to the dominant
or essential theme of the object described by such phrase. For instance, when the phrase
refers to films"which are distinguished or characterized by an emphasis upon" the
depiction or description of specified sexual activities or specified anatomical areas,the films
so described are those whose dominant or predominant character and theme are the
depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of
Covina, llS Cal.App3 151 (1981). (Urg.3341-10/96)
(f) Encounter Center. "Encounter center"or"rap studio"any business, agency or person who,
for any form of compensation, consideration or gratuity,provides a place where two or more
persons may congregate, assemble or associate for the primary purpose of engaging in,
describing or discussing specified sexual activities, or exposing specified anatomical areas.
(Urg.3341-10/96)
(g) Escort Bureau; Introduction Services. "Escort bureau; introduction services"any business,
agency or person who, for a fee, commission,hire,reward or profit, furnishes or offers to
furnish names of persons, or who introduces, furnishes or arranges for persons who may
accompany other persons to or about social affairs,entertainments or places of amusement,
or who may consort with others about any place of public resort or within any private
quarters. (Urg.3341-10/96)
(h) Owner or Permit holder or Permittee. For purposes of this Chapter,"Owner","Permit
holder"or"Permittee"shall mean any of the following: (Urg.3341-10/96)
(i) the sole proprietor of a Sex Oriented or (urg.3341-10/96)
(ii) any general partner of a partnership which owns and operates a Sex Oriented Business;
or (Urg.3341-10/96)
(iii) the owner of a controlling interest in a corporation which owns and operates a Sex
Oriented Business; or (Urg.3341-10/96)
(iv) the person designated by the officers of a corporation to be the Permit holder for a Sex
Oriented Business owned and operated by the corporation. (Urg.3341-10/96)
(i) Director of Community Development. The term Director of Community Development
means the Director of Community Development or his or her designee. (Urg.3341-10/96)
10196
Huntington Beach Municipal Code 5.70.0100)-5.70.010(n)(ii)
(j) Regularly Features. The term"regularly features"with respect to a Sex Oriented theater or
Sex Oriented cabaret means a regular and substantial course of conduct. The fact that live
performances which are distinguished or characterized by an emphasis upon the display of
specified anatomical areas or specified sexual activities occurs on two (2) or more occasions
within a thirty (30)day period; three (3)or more occasions within a sixty (60)day period;
or four(4)or more occasions within a one hundred and eighty(180) day period, shall to the
extent permitted by law be deemed to be a regular and substantial course of conduct.
(Urg.3341-10/96)
(k) School. The term"school"as used in this ordinance is any child or day care facility, or an
institution of learning for minors, whether public or private, offering instruction in those
courses of study required by the California Education Code and maintained pursuant to the
standards set by the State Board of Education. This definition includes a nursery school,
kindergarten, elementary school,middle or junior high school, senior high school, or any
special institution of education, but it does not include a vocational or professional
institution of higher education, including a community or junior college, college, or
university. (Urg.3341-10/96)
(1) Seminude. "Seminude"means a state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body
covered by supporting straps or devices. (urg.3341-10/96)
(m) Sex Oriented Bookstore. "Sex Oriented bookstore"means an establishment having as a
regular and substantial portion of its stock for display or distribution in trade,books,
magazines or other periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities or specified
anatomical areas or an establishment with a segment or section devoted to the sale or display
of such material. (Urg.3341-10/96)
(n) Sex Oriented Business. "Sex Oriented Business"means any business establishment or
concern which as a regular and substantial course of conduct performs or operates as a Sex
Oriented Bookstore, Sex Oriented Theater, Sex Oriented Motion Picture Arcade, Sex
Oriented Cabaret, Sex Oriented Motel/Hotel, or sells, displays or distributes Sex Oriented
Merchandise or Sex Oriented Material,or any other business or concern which as a regular
and substantial portion of its business offers to its patrons products,merchandise, services or
entertainment which are distinguished or characterized by an emphasis on matter depicting,
describing or relating to Specified Sexual Activities or Specified Anatomical Parts but not
including those uses or activities,the regulation of which is preempted by state law. "Sex
Oriented Business" shall also include any establishment which as a regular and substantial
course of conduct provides or allows performers,models, or employees to appear in any
public place in lingerie. As used in this chapter,the terms"regular and substantial course of
conduct" and"regular and substantial portion of its business" shall mean any Sex Oriented
Business where one or more of the following conditions exist: (urg.3341-10/96)
(i) The area(s) devoted to the display of Sex Oriented Merchandise and/or Sex Oriented
Material exceeds fifteen(15)percent of the total display area of the business; or
(Urg.3341-10/96)
(ii) The business or concern presents any type of live entertainment characterized by an
emphasis on Specified Sexual Activity or Specified Anatomical Parts,or performers,
models or employees appearing in public in lingerie on any four(4)or more separate
days within any thirty(30) day period; or (Urg.3341-10/96)
10196
5.70.010(n)(iii)-5.70.010(u) Huntington Beach Municipal Code
(iii) At least fifty percent(50%)of the gross receipts of the business are derived from the
sale,trade, display or presentation of services,products,or entertainment which are
characterized by an emphasis on matter depicting,describing,or relating to Specified
Sexual Activities or Specified Anatomical Parts. (Urg.3341-10/96)
(o) Sex Oriented Hotel/Motel. "Sex Oriented Hotel/Motel"means a hotel or motel,which
(Urg.3341-10/96)
(i) as a regular and substantial course of conduct provides to its patrons,through the
provision of rooms equipped with closed circuit television,video recorders or players or
other medium,material which is distinguished or characterized by an emphasis on
matter depicting,describing or relating to Specified Sexual Activities or Specified
Anatomical Parts; and/or (Urg.3341-10/96)
(ii) rents, leases, or lets any room for less than a six(6)hour period, or rents, leases or lets
any single room more than twice in a twenty-four(24)hour period. See Sex Oriented
Business for definition of"regular and substantial course of conduct." (Urg.3341-10/96)
(p) Sex Oriented Material. "Sex Oriented Material'means any Sex Oriented Merchandise,or
any book,periodical,magazine,photograph, drawing, sculpture,motion picture film,video
tape recording, or other visual representation, characterized by an emphasis on matter
depicting, describing, or relating to Specific Sexual Activities or Specified Anatomical
Parts. (Urg.3341-10/96)
(q) Sex Oriented Merchandise. "Sex Oriented Merchandise"means Sex Oriented implements
or paraphernalia, such as,but not limited to: dildos,auto sucks, Sex Oriented vibrators,
edible underwear,benwa balls, inflatable orifices, anatomical balloons with orifices,
simulated and/or battery operated vaginas, and similar Sex Oriented devices which are
designed or marketed primarily for the stimulation of human genital organs or
sadomasochistic activity. (Urg.3341-10/96)
(r) Sex oriented mini-motion picture theater. "Sex Oriented mini-motion picture theater"
means an enclosed building with a capacity for less than fifty(50)persons used for
presenting material distinguished or characterized by an emphasis on matter depicting or
relating to specified sexual activities or specified anatomical areas for observation by
patrons therein. (Urg.3341-10/96)
(s) Sex Oriented motion picture arcade. "Sex Oriented motion picture arcade"means any place
to which the public is permitted or invited wherein coin or slug operated or electronically,
electrically or mechanically controlled still or motion picture machines,projectors or other
image-producing devices are maintained to show images to five (5) or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or
specified anatomical areas. (Urg.3341-10/96)
(t) Sex Oriented motion picture theater. "Sex Oriented motion picture theater"means an
enclosed building with a capacity of fifty(50)or more persons,used for presenting material
distinguished or characterized by an emphasis on matter depicting,describing or relating to
specified sexual activities or specified anatomical areas for observation by patrons therein.
(Urg.3341-10/96)
(u) Specified sexual activities. "Specified sexual activities"shall include any of the following:
(Urg.3341-10/96)
10/96
Huntington Beach Municipal Code 5.70.010(u)(1)-5.70.015
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal
copulation,bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually oriented acts or
conduct;: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia,pederasty,pedophilia,piquerism, sapphism,urophilia,zooerasty,zoophilia.
(Urg.3341-10/96)
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(Urg.3341-10/96)
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
or (Urg.3341-10/96)
(4) Fondling, erotic or sexually touching of human genitals,pubic region, buttocks, cleft of
the buttocks,female breast; or anal region. (Urg.3341-10/96)
(5) Masochism, erotic or sexually oriented torture,beating or the infliction of pain; or
(Urg.3341-10/96)
(6) Erotic or lewd touching,fondling or other sexually oriented contact with an animal by a
human being; or (Urg.3341-10/96)
(7) Human excretion, urination, menstruation, vaginal or anal irrigation. (Urg.3341-10/96)
(8) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous
clothing, including models appearing in lingerie,to the point where specified
anatomical parts are exposed. (Urg.3341-10/96)
(v) Specified anatomical areas. "Specified anatomical areas" shall include any of the following:
(Urg.3341-10/96)
(1) Less than completely and opaquely covered human genitals or pubic region; buttock;
or female breast below a point immediately above the top of the areola; or
(Urg.3341-10/96)
(2) Human male genitalia in a discernibly turgid state, even if completely and opaquely
covered. (Urg.3341-10/96)
(3) Any device, costume, or covering that simulates any of the body parts included in
subdivisions (1) and(2) above. (Urg.3341-10/96)
5.70.015 Statements and records. Person(s)required to obtain a Sex Oriented Business Permit
pursuant to the provisions of this Code for any business establishment which provides products,
merchandise, services or entertainment which is distinguished or characterized by an emphasis
on matter depicting, describing, or relating to Specified Sexual Activities or Specified
Anatomical Parts, as defined in § 5.70.010 of this Code, shall maintain complete records which
can be segregated with regard to all transactions involving such products,merchandise, services
or entertainment which are sufficient to establish the percentage of gross receipts of the business
which is derived from such transactions. (urg.3341-10/96)
Such records shall be maintained for a period of at least three (3)years. (Urg.3341-10/96)
10/96
5.70.015-5.70.030(a)(3) Huntington Beach Municipal Code
No person required to keep records under this section shall refuse to allow authorized
representatives of the City Treasurer or his/her designee to examine said records at reasonable
times and places. (urg.3341-10/96)
This § 5.70.015 shall not be applicable to a business establishment (Urg.3341-10/96)
(i) for which such transactions constitute less than fifteen percent(15%)of the gross
receipts of the business, or (urg.3341-10/96)
(ii) for which the Owner has an application pending for,or has obtained, a Sex Oriented
Business Permit, or (Urg.3341-10/96)
(iii) for which the Owner has filed a sworn statement with the City giving the name and
address of the Owner's business and stating,under penalty of perjury,that the business
is being run as a Sex Oriented Business within the meaning of this Code. (Urg.3341-10/96)
5,70.020 Permit required, It shall be unlawful for any person, association,partnership or
corporation to own, operate, engage in, conduct or carry on, in or upon any premises within the
City of Huntington Beach any"Sex Oriented Business",defined in this chapter,without a Sex
Oriented Business License and a business license from the City of Huntington Beach.
(Urg.3341-10/96)
(a) Any person, association,partnership or corporation to obtain a permit to own, operate,
engage in, conduct or carry on any Sex Oriented Business shall make application to the
Chief of Police, or his designated representative. Prior to submitting such application, a
non-refundable fee, established by resolution of the City Council, shall be paid to the City
Clerk to defray, in part,the cost of investigation and report required by this chapter. The
City Clerk shall issue a receipt showing that such application fee has been paid. The receipt,
or a copy thereof, shall be supplied to the Chief of Police at the time such application is
submitted. (Urg.3341-10/96)
(b) The application for permit does not authorize the engaging in,operation of, conducting of,
or carrying on of any Sex Oriented Business. (Urg.3341-10/96)
(c) Only the owner of the Sex Oriented Business is eligible to obtain a Sex Oriented Business
Permit. (Urg.3341-10/96)
(d) The permittee shall post the Permit conspicuously in the Sex Oriented Business Premises.
(Urg.3341-10/96)
5.70.030 Application for Sex Oriented Business Permit. Each application for a Sex Oriented
Business permit shall contain the following information: (Urg.3341-10/96)
(a) Applicant Information (urg.3341-10/96)
(1) The full,true name and any other names, including aliases,used by the applicant.
(Urg.3341-10/96)
(2) The present address and telephone number of the applicant. (Urg.3341-10/96)
(3) The previous addresses of applicant,if any,for a period of five(5)years immediately
prior to the date of the application and the dates of residence at each. (Urg.3341-10/96)
10/96
Huntington Beach Municipal Code 5.70.030(a)(4)-5.70.030(b)(1)
(4) Acceptable written proof that the Applicant is at least eighteen(18)years of age.
(Urg.3341-10/96)
(5) The applicant's height, weight, color of eyes and hair, and date and place of birth.
(Urg.3341-10/96)
(6) Two (2)photographs of the applicant at least 2"x 2"taken within the last six(6)
months. (Urg.3341-10/96)
(7) Business, occupation or employment history of the applicant for the five(5)years
immediately preceding the date of application. (Urg.3341-10/96)
(8) If the applicant intends to operate the Sex Oriented Business under a name other than
that of the applicant the applicant shall file the fictitious name of the Sex Oriented
Business and show proof of registration of the fictitious name. (urg.3341-10/96)
(9) The business license history of the applicant and whether such applicant, in previous
operations in this or any other city, state, or territory under license, has had such license
or permit for a Sex Oriented Business or similar type of business revoked or suspended,
the reason therefore and the business activity or occupation subsequent to such action of
suspension or revocation. (Urg.3341-10/96)
(10)All convictions of the applicant within the last five (5)years of any of the offenses set
forth in § 315, 316, 266a, 266b, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of
the California Penal Code as those sections now appear or may hereafter be amended or
renumbered. (Urg.3341-10/96)
(11)The fact that an applicant possesses other types of state or City permits or licenses does
not exempt the applicant from the requirement of obtaining a Sex Oriented Business
Permit. (Urg.3341-10/96)
(12)The Chief of Police shall require the applicant to furnish fingerprints. (urg.3341-10/96)
(13)If the applicant is a corporation,the name of the corporation shall be set forth exactly as
shown in its articles of incorporation or charter, evidence that the corporation is in good
standing under the laws of the State of California,the name of the registered corporate
agent and the address of the registered office for service of process,together with the
place and date of incorporation, and the names and addresses of each of its current
officers and directors, and each stockholder holding more than five (5)percent of the
stock in the corporation. If the applicant is a partnership,the applicant shall set forth
the name,residence address and dates of birth of the partners, including limited
partners, and attached a copy of the partnership agreement. If the applicant is a limited
partnership, it shall furnish a copy of its certificate of limited partnership filed with the
County Clerk. If one or more of the partners is a corporation,the provisions of this
subsection pertaining to corporations shall apply. The applicant corporation or
partnership shall designate one of its officers or general partners to act as its responsible
managing officer. Such designated persons shall complete and sign all application
forms required of an individual applicant under this chapter,but only one application
fee shall be charged. (urg.3341-10/96)
(b) Business Information (urg.3341-10/96)
(1) The name and address of the owner and lessor of the real property upon which the
business is to be conducted, and a copy of the lease or rental agreement. (Urg.3341-10/96)
10/96
5.70.030(b)(2)-5.70.035(c)(4) Huntington Beach Municipal Code
(2) A description of the type of Sex Oriented Business for which the Permit is requested
and the proposed address where the Sex Oriented Business will operate,plus the names
and addresses of the owners and lessors of the Sex Oriented Business site. (Urg.3341-10/96)
(3) The address to which notice of action on the application is to be mailed. (Urg.3341-10/96)
(4) The names of all employees,independent contractors,and other persons who will
perform at the Sex Oriented Business,who are required by this Chapter to obtain a Sex
Oriented Business Performer License. (Urg.3341-10/96)
(5) A sketch or diagram showing the interior configuration of the premises, including a
statement of the total floor area occupied by the Sex Oriented Business. The sketch or
diagram need not be professionally prepared,but must be drawn to a designated scale or
drawn with marked dimensions of the interior of the premises to an accuracy of plus or
minus six(6) inches. (Urg.3341-10/96)
(6) A certificate and straight-line drawing prepared within thirty(30)days prior to
application depicting the building,the primary entrance, and the portion thereof to be
occupied by the Sex Oriented Business, and: (Urg.3341-10/96)
(1) the property line of any other Sex Oriented Business within of the primary entrance
of the Sex Oriented Business for which a Permit is requested; and (Urg.3341-10/96)
(2) the property lines of any church, school,residential zone or use within of the
primary entrance of the Sex Oriented Business. (Urg.3341-10/96)
5.70.035 Sex Oriented Business Permit Application Investigation. (Urg.3341-10/96) "\
(a) Upon receipt of a completed application as set forth in § 5.70.030 and payment of the
application and Permit fees, the Chief of Police shall immediately stamp the application as
received and promptly investigate the information contained in the application to determine
whether the applicant shall be issued a Sex Oriented Business Permit. (Urg.3341-10/96)
(b) Within forty-five (45)days of receipt of the completed application,the Police Chief shall
complete the investigation, submit a written report to the Hearing Officer pursuant to this
Chapter recommending the permit be granted or denied and setting forth the factual basis of
the recommendation. (Urg.3341-10/96)
(c) The Chief of Police shall recommend the Hearing Officer grant the application and issue the
Sex Oriented Business Permit if he finds: (Urg.3341-10/96)
(1) The required fee has been paid. (Urg.3341-10/96)
(2) Application conforms in all respects to the provisions of this chapter. (Urg.3341-10/96)
(3) The applicant has not knowingly made a material misrepresentation or fraudulent,false,
or misleading statements in the application. (Urg.3341-10/96)
(4) The applicant,if an individual,or any of the stockholders of the corporation, any
officers or directors, if the applicant is a corporation, or any of the partners,including
limited partners, if the applicant is a partnership,has not been convicted in a court of
competent jurisdiction of an offense involving conduct which requires registration
under California Penal Code § 290,or of conduct violating Penal Code § 314, 315,316,
318,647(a),647(b)and 647(h),or
10/96
Huntington Beach Municipal Code 5.70.035(c)(4)-5.70.040(d)
convicted of an attempt to commit any of the abovementioned offenses, or convicted in
any state of any offense which if committed or attempted in this state, would have been
punishable as one or more of the abovementioned offenses, or any crime involving
dishonesty, fraud, deceit, or moral turpitude. (Urg.3341-10/96)
(5) Applicant has not had a Sex Oriented Business permit or other similar license or permit
denied or revoked for cause by this city or any other city located in or out of this state
prior to the date of application. (Urg.3341-10/96)
(6) The building, structure, equipment or location of such business, as proposed by
applicant,would comply with all applicable laws, including but not limited to,health,
zoning, fire and safety requirements and standards. (Urg.3341-10/96)
(7) The applicant is at least eighteen(18)years of age. (Urg.3341-10/96)
(8) That the applicant,his or her employee,agent,partner,director,officer, stockholder or
manager has not within two(2)years of the date of the application knowingly allowed
or permitted any act of sexual intercourse, sodomy, oral copulation, or masturbation to
be committed or allowed in or upon the premises where such Sex Oriented Business is
to be located, or to be used as a place in which solicitations for sexual intercourse,
sodomy,oral copulation or masturbation openly occur. (Urg.3341-10/96)
(9) That on the date that the business for which a permit is required herein commences, and
thereafter,there will be a responsible person on the premises to act as manager at all
times during which the business is open. (Urg.3341-10/96)
(d) If the Chief of Police fails to present a recommendation to the Hearing Officer within forty-
five (45) days after receipt of the completed application,the applicant may begin operating
the Sex Oriented Business for which the Permit was sought, subject to strict compliance
with all other provisions of this Chapter. (Urg.3341-10/96)
5.70.040 Sex Oriented Business Performer Permit (Urg.3341-10196)
(a) No person shall engage in or participate in any live performance depicting specified
anatomical areas or involving specified sexual activities in an Sex Oriented Business,
without a valid Sex Oriented Business Performer Permit issued by the City. All persons
who have been issued a Sex Oriented Business Permit shall promptly supplement the
information provided as part of the application for the Permit required by § 5.70.035, with
the names of all Performers required to obtain a Sex Oriented Business Performer Permit,
within thirty (30) days of any change in the information originally submitted. Failure to
submit such changes shall be grounds for suspension of the Sex Oriented Business
Regulatory Permit. (Urg.3341-10/96)
(b) The Police Chief shall grant, deny and renew Sex Oriented Business Performer Permits.
(Urg.3341-10/96)
(c) The application for a Permit shall be made on a form provided by the Police Chief. An
original and two (2) copies of the completed and sworn permit application shall be filed with
the Police Chief. (Urg.3341-10/96)
(d) The completed application shall contain the following information and be accompanied by
the following documents: (Urg.3341-10/96)
10196
5.70.040(d)(1)-5.70.040(g) Huntington Beach Municipal Code
(1) The applicant's legal name and any other names(including"stage names"and aliases)
used by the applicant; (Urg.3341-10/96)
(2) Age, date and place of birth; (Urg.3341-10/96)
(3) Height, weight,hair and eye color; (Urg.3341-10/96)
(4) Present residence address and telephone number; (urg.3341-10/96)
(5) Whether the applicant has ever been convicted of (urg.3341-10/96)
(i) Any of the offenses set forth in §315, 316,266a,266b,266c,266e,266g,266h,
266i, 647(a), 647(b), 647(D)of the California Penal Code as those sections now
exist or may hereafter be amended or renumbered. (Urg.3341-10/96)
(ii) The equivalent of the aforesaid offenses outside the State of California.
(Urg.3341-10/96)
(6) Whether such person is or has ever been licensed or registered as a prostitute, or
otherwise authorized by the laws of any other jurisdiction to engage in prostitution in
such other jurisdiction. If any person mentioned in this subsection has ever been
licensed or registered as a prostitute, or otherwise authorized by the laws of any other
state to engage in prostitution, a statement shall be submitted giving the place of such
registration, licensing or legal authorization, and the inclusive dates during which such
person was so licensed,registered,or authorized to engage in prostitution. (urg.3341-10/96)
(7) State driver's license or identification number; (Urg.3341-10/96) n
(8) Satisfactory written proof that the applicant is at least eighteen(18)years of age;
(Urg.3341-10/96)
(9) The applicant's fingerprints on a form provided by the Police Department, and a color
photograph clearly showing the applicant's face. Any fees for the photographs and
fingerprints shall be paid by the applicant; (Urg.3341-10/96)
(10)If the application is made for the purpose of renewing a License,the applicant shall
attach a copy of the License to be renewed. (Urg.3341-10/96)
(e) The completed application shall be accompanied by a non-refundable application fee. The
amount of the fee shall be set by resolution of the City Council. (Urg.3341-10/96)
(f) Upon receipt of an application and payment of the application fees,the Police Chief shall
immediately stamp the application as received and promptly investigate the application.
(Urg.3341-10/96)
(g) If the Chief of Police determines that the applicant has completed the application
improperly,the Chief of Police shall promptly notify the applicant of such fact and grant the
applicant an extension of time of not more than ten(10) days to complete the application
properly. In addition,the applicant may request an extension,not to exceed ten(10)days, of
the time for the Chief of Police to act on the application. The time period for granting or
denying a Permit shall be stayed during the period in which the applicant is granted an
extension of time. (Urg.3341-10/96)
10/96
Huntington Beach Municipal Code 5.70.045-5.70.055(a)
5,70.045 Sex Oriented Business Performers Permit Application Investigation. (Urg.3341-10/96)
(a) Within five(5) days after receipt of the properly completed application,the Police Chief
shall grant or deny the application and so notify the applicant as follows: (Urg.3341-10/96)
(1) The Police Chief shall write or stamp"Granted"or"Denied"on the application and
date and sign such notation. (Urg.3341-10/96)
(2) If the application is denied,the Police Chief shall attach to the application a statement
of the reasons for denial. (Urg.3341-10/96)
(3) If the application is granted,the Police Chief shall attach to the application a Sex
Oriented Business Employee permit. (Urg.3341-10/96)
(4) The application as granted or denied and the Permit, if any, shall be placed in the
United States mail, first class postage prepaid, addressed to the applicant at the
residence address stated in the application. (Urg.3341-10/96)
(b) The Police Chief shall grant the application and issue the Permit unless the application is
denied for one or more of the reasons set forth below: (Urg.3341-10/96)
(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a
material fact in the application for a Permit or in any report or document required to be
filed with the application; (Urg.3341-10/96)
(2) The applicant is under eighteen(18)years of age; (Urg.3341-10/96)
(3) The Sex Oriented Business Employee Permit is to be used for performing in a business
prohibited by State or City law. (Urg.3341-10/96)
(4) The applicant has been registered in any state as a prostitute. (Urg.3341-10/96)
(5) The applicant has been convicted of any of the offenses enumerated in § 5.70.110 or
convicted of an offense outside the State of California that would have constituted any
of the described offenses if committed within the State of California. A Permit may be
issued to any person convicted of the described crimes if the conviction occurred more
than five (5)years prior to the date of the application. (Urg.3341-10/96)
(c) If the Police Chief grants the application or if the Police Chief neither grants nor denies the
application within five (5)days after it is stamped as received,the applicant may begin
performing in the capacity for which the License was sought. (Urg.3341-10/96)
5.70.050 Applicant to appear. The applicant for a Sex Oriented Business Permit or a Sex
Oriented Business Performers Permit shall personally appear at the Police Department of the
City of Huntington Beach and produce proof that a non-refundable application fee, established
by resolution of the City Council,has been paid and shall present the application containing the
aforementioned and described information. (Urg.3341-10/96)
5.70.055 Public Hearing. (Urg.3341-10/96)
(a) Within five (5) business days following the receipt of an application pursuant to this
Chapter,the Chief of Police shall determine whether said application contains all
information required by the provisions of this chapter. If it is determined that said
10196
5.70.055(a)-5.70.055(e) Huntington Beach Municipal Code
application is not complete,the Owner shall be notified in writing within said five(5)day
period that such application is not complete and the reasons therefor, including any
additional information necessary to render the application complete. The Owner shall be
permitted to submit an amended application or provide all necessary information to render
the application complete. Within five(5)business days following the receipt of any such
amended application or supplemental information,the Chief of Police shall again determine
whether said application is complete in accordance with the procedures set forth in this
subsection. Upon a determination that said application is complete, either upon its initial
submittal or upon receipt of any amended application or supplemental information,the
Owner shall be notified in writing by the Chief of Police that the application is complete.
All notices required by this subsection shall be deemed given upon the date of either(i)
deposit of such notice in the course of transmission with the United States Postal Service,
first class mail,postage prepaid,and addressed to the Owner,or(ii)personal service of such
notice upon the Owner. Upon determination that the application is complete,the Chief of
Police shall immediately transmit such completed application to the Director of Community
Development and the City Administrator. The City Administrator shall appoint a Hearing
Officer,who may, but need not necessarily be, a City officer or employee, and stall transmit
such completed application to the Hearing Officer for processing in accordance with this
section. (Urg.3341-10/96)
(b) The Hearing Officer shall conduct a public hearing upon said completed application. Notice
of said public hearing shall be given in the manner provided for conditional use permits as
set forth in the Huntington Beach Zoning and Subdivision Ordinance Code except that said
public hearing shall be held within fifty(50) calendar days following the date said
application was deemed complete,unless the Owner, or the Owner's authorized
representative,expressly agrees in writing to an extension of such period of time. Said
public hearing shall be completed by the Hearing Officer on the same date on which it is
scheduled and held unless continuance of said public hearing is expressly approved in
writing by the Owner,or the Owner's authorized representative,at or prior to the scheduled
date of said public hearing. (Urg.3341-10/96)
(c) Within ten(10)calendar days following the completion of the public hearing,the Hearing
Officer shall approve such application if it determined that both the Director of Community
Services and Chief of Police recommend granting of the Sex Oriented Business Permit;
otherwise the application shall be denied. The Hearing Officer shall impose conditions upon
such approval as are reasonably necessary to assure compliance with he requirements of this
chapter. In the event of denial of the application,the Hearing Officer shall specify in
writing the grounds upon which the application is denied. Notice of the decision of the
Hearing Officer shall be given in writing to the Owner, and to any other person or entity
expressly requesting notice thereof,in the same manner as provided for the giving of notices
in this section. The decision of the Hearing Officer shall also be immediately transmitted to
the Chief of Police. The decision of the Hearing Officer shall be deemed final
notwithstanding any other provision of this Code to the contrary. (Urg.3341-10/96)
(d) Immediately upon receipt of a decision by the Hearing Officer approving or conditionally
approving such application,the Chief of Police shall issue the Sex Oriented Business Permit
to the Owner. Such Permit shall be deemed subject to any conditions of approval imposed
by the Hearing Officer. (Urg.3341-10/96)
(e) The public hearing by the Hearing Officer specified in this subsection 5.70.055 shall be
required for any permit renewal pursuant to § 5.70.070 of this Chapter. (Urg.3341-10/96)
10196
Huntington Beach Municipal Code 5.70.060-5.70.070
5,70.060 Sex Oriented Business Permit Refusal Anneal. If the Chief of Police or the Director
of Community Development following investigation of the applicant, deems that the applicant
does not fulfill the requirements as set forth in this chapter,he or she shall notify the City
Administrator of such recommendation and, within sixty(60) days of the date of application,
provide copies of the investigation report to the City Administrator. The City Administrator
shall within ten(10)days, grant the permit or deny the application and notify applicant by
certified mail of such denial. Any applicant who is denied a permit by the City Administrator
may appeal such denial to the City Council pursuant to provisions of this Chapter. (urg.3341-10/96)
5.70.065 Investigation and Application by the Director of Community Development.
(Urg.3341-10/96)
(a) Upon receipt of a completed application by the Director of Community Development,the
Director of Community Development shall promptly investigate the information contained
in the application to determine whether the applicant shall be issued a Sex Oriented Business
Permit. (urg.3341-10/96)
(b) Within forty-five (45) days of receipt of the completed application, the Director of
Community Development shall complete the investigation and submit a written report to the
Hearing Officer pursuant to this Chapter recommending the permit be granted or denied and
setting forth the factual basis of the recommendation. (Urg.3341-10/96)
(c) The Director of Community Development shall recommend the Hearing Officer grant the
application and issue the Sex Oriented Business Permit if she finds: (Urg.3341-10/96)
(1) Application conforms in all respects to the provisions of this chapter. (Urg.3341-10/96)
(2) The building, structure, equipment or location of such business, as proposed by
applicant, would comply with all applicable laws, including but not limited to,health,
zoning, fire and safety requirements and standards. (Urg.3341-10/96)
(3) That the proposed business meets the locational criteria of the Huntington Beach
Zoning and Subdivision Ordinance Code; and that the applicant has met all of the
development and performance standards and requirements, unless the application is
denied for one or more of the reasons. (urg.3341-10/96)
(d) If the Director of Community Development fails to present a written recommendation to the
Hearing Officer within forty-five (45)days of receipt of the completed application,the
applicant may being operating the Sex Oriented Business for which the Permit was sought,
subject to strict compliance with all other provisions of this Chapter. (Urg.3341-10/96)
5.70.070 Permit renewal. Each Sex Oriented Business Permit and Sex Oriented Business
Performers Permit shall expire one(1)year from the date of issuance. A written request for
permit renewal must be filed with the Police Chief, accompanied by the Annual Permit Fee, a
copy of the Permit to be renewed, and the applicable Sex Oriented Business Permit or Sex
Oriented Business Performers Permit, completed in full detail with current information. The
request for renewal shall be made at least thirty(30) days before the expiration date of the
Permit. When made less than thirty(30) days before the expiration date, the expiration of the
Permit will not be stayed. (Urg.3341-10/96)
If the application conforms to the previously approved application and the Sex Oriented Business
has not changed, the permit shall be renewed by the Chief of Police for another year. Notice of
such renewal, or denial, shall be given, in writing, to the permittee within twenty(20) city
10196
5.70.070-5.70.100(a)(3) Huntington Beach Municipal Code
business days following the date of receipt of the completed renewal application. Any change or --�
alteration in the location,nature or operation of the Sex Oriented Business will require a new
application to be processed in the same manner as the original applications. The renewal fee
shall be established by resolution of the City Council. Applications for renewal shall be acted on
as.provided herein for action upon applications for Permits. (Urg.3341-10/96)
5.70,080 Permits nontransferable. No Sex Oriented Business permit may be sold,transferred
or assigned by a permittee, or by operation of law,to any other person or persons. Any such
sale,transfer or assignment, or attempted sale,transfer or assignment, shall be deemed to
constitute a voluntary surrender of such permit and such permit shall thereafter be null and void;
provided and excepting,however,that if the permittee is a partnership and one or more of the
partners should die, one or more of the surviving partners may acquire,by purchase or otherwise,
the interest of the deceased partner or partners without effecting a surrender or termination of
such permit,and in such case,the permit,upon notification to the Chief of Police, shall be placed
in the name of the surviving partner. A Sex Oriented Business permit issued to a corporation
shall be deemed terminated and void when either any outstanding stock of the corporation is
sold,transferred or assigned after the issuance of a permit, or any stock authorized but not issued
at the time of the granting of a permit is thereafter issued and sold,transferred or assigned.
(Urg.3341-10/96)
Any change in the nature or composition of the Sex Oriented Business from one type of Sex
Oriented Business use to another type of Sex Oriented Business use shall also render the permit
null and void. (Urg.3341-10/96)
5.70.090 Sex Oriented Businesses --Change of location or name. (Urg.3341-10/96)
(a) No Sex Oriented Business shall move from the location specified on its permit until a
change of location fee, established by resolution of the City Council,has been deposited
with the city, and approval has been obtained from the Chief of Police. Such approval shall
not be given unless all requirements and regulations, as contained in the city's codes,have
been met. (Urg.3341-10/96)
(b) No permittee shall operate,conduct,manage,engage in, or carry on a Sex Oriented Business
under any name other than his name and the name of the business as specified on his permit.
(Urg.3341-10/96)
(c) Any application for an extension or expansion of a building or other place of business where
a Sex Oriented Business is located shall require inspection and shall comply with the
provisions and regulations of this Chapter. (Urg.3341-10/96)
5,70.100 Sex Oriented Business Standards of Operation. (Urg.3341-10/96)
(a) Except as specifically provided in this Chapter,the Sex Oriented Business shall comply with
the zoning,parking, development and design standards applicable to the zone in which the
business is located. (Urg.3341-10/96)
(1) The Sex Oriented Business shall be conducted wholly within a building and shall not be
located, in whole or in part,within any portable structure. (Urg.3341-10/96)
(2) All indoor areas of the Sex Oriented Business within which patrons are permitted,
except restrooms, shall be open to view at all times. (Urg.3341-10/96)
(3) Signage shall conform to the standards of the Huntington Beach Zoning and
Subdivision Ordinance Code except that such signs (Urg.3341-10/96)
10/96
Huntington Beach Municipal Code 5.70.1 00(b)(4)-5.70.1 00(c)
(i) shall contain no sign copy other than the business name and the street address, and
the notice required on the entrance door to the premises, (Urg.3341-10/96)
(ii) shall contain no flashing lights, (Urg.3341-10/96)
(iii) shall contain no photographs, silhouettes, drawings, statues, monuments, sign
shapes or sign projections, or other graphic representations, which depict the
human body or anatomy, or any portion thereof, whether clothed or unclothed,
including without limitation representations that depict"Specified Anatomical
Parts"or"Specified Sexual Activities", (Urg.3341-10/96)
(iv) shall not be located within 100 feet of any freeway or any street designated as an
arterial highway on the Circulation Element of the City of Huntington Beach
General Plan, and (Urg.3341-10/96)
(v) shall not be located or oriented in a manner whereby the sign copy is visible by any
person traveling in a vehicle upon any freeway or any street designated as an
arterial highway on the Circulation Element of the City of Huntington Beach
General Plan. No banners or other temporary signs shall be placed anywhere upon
or within the premises in such manner as to be visible from any location other than
within the premises occupied by the Sex Oriented Business. (Urg.3341-10/96)
(b) General Provisions (Urg.3341-10/96)
(1) No Sex Oriented Material or Sex Oriented Merchandise shall be displayed in such
manner as to be visible from any location other than within the premises occupied by
the Sex Oriented Business. (Urg.3341-10/96)
(2) No person under the age of 18 years shall be permitted within the premises at any time.
(Urg.3341-10/96)
(3) The Sex Oriented Business shall not operate or be open between the hours of 2:00 a.m.
and 9:00 a.m. (Urg.3341-10/96)
(4) The Sex Oriented Business shall provide and maintain separate restroom facilities for
male patrons and employees and female patrons and employees. Male patrons and
employees shall be prohibited from using the restroom(s) for females, and female
patrons and employees shall be prohibited from using the restroom(s) for males, except
to carry out duties of repair,maintenance and cleaning of the restroom facilities. The
restrooms shall be free from all Sex Oriented Materials and Sex Oriented Merchandise.
Restrooms shall not contain television monitors or other motion picture or video
projection, recording or reproduction equipment. The foregoing provisions of this
paragraph shall not be applicable to a Sex Oriented Business which deals exclusively
with sale or rental of merchandise which is not used or consumed on the premises, such
as a Sex Oriented Bookstore, and which does not provide restroom facilities to its
patrons or the general public. (Urg.3341-10/96)
(5) The Sex Oriented Business shall not conduct any massage, acupuncture, figure
modeling,tattooing, acupressure or escort services and shall not allow such activities on
the premises. (Urg.3341-10/96)
(c) Any Sex Oriented Business which allows customers to remain on the premises while
viewing any live, filmed or recorded entertainment, or while using or consuming the
products or services supplied on the premises, shall conform to the following requirements:
(Urg.3341-10/96)
10/96
5.70.100(c)(1)-5.70.100(d)(2) Huntington Beach Municipal Code
(1) At least one security guard shall be on duty outside the premises,patrolling the grounds —�
and parking areas,at all times while the business is open. The security guard(s) shall be
charged with preventing violations of law and enforcing compliance by patrons with the
requirements of this Chapter. Any security guard required by this subparagraph shall
be uniformed in such manner so as to be readily identifiable as a security guard by the
public. No security guard required pursuant to this subparagraph shall act as a door
person,ticket seller,ticket taker,or admittance person while acting as a security guard
hereunder. (Urg.3341-10/96)
(2) Landscaping shall conform to the standards established for the zone;except that,if the
Sex Oriented Business is the sole use on a lot,no planting shall exceed thirty(30)
inches in height, except trees with foliage not less than six(6)feet above the ground.
(Urg.3341-10/96)
(3) The entire exterior grounds, including the parking lot, shall be lighted sufficiently to
permit the security personnel to observe activity on the grounds and within
automobiles. (Urg.3341-10/96)
(4) The premises within which the Sex Oriented Business is located shall provide sufficient
sound absorbing insulation so that noise generated inside said premises shall not be
audible anywhere on any adjacent property or public right of way or within any other
building or other separate unit within the same building. (Urg.3341-10/96)
(5) No exterior door or window on the premises shall be propped or kept open at any time
while the business is open,and any exterior windows shall be covered with opaque
covering at all times. (urg.3341-10/96)
(6) Permanent barriers shall be installed and maintained to screen the interior of the
premises from public view for each door used as an entrance/exit to the business.
(Urg.3341-10/96)
(d) The following additional regulations shall pertain to Sex Oriented Motion Picture Arcades
which provide more than one viewing area: (Urg.3341-10/96)
(1) Upon application for a Sex Oriented Business Permit,the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the
location of one or more manager's stations,the location of all overhead lighting fixtures
and designating any portion of the premises in which patrons will not be permitted.
A manager's station may not exceed thirty two (32) square feet of floor area with no
dimension greater than eight(8)feet. The diagram shall also designate the place at
which the Sex Oriented Business Permit and city business license will be conspicuously
posted. A professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram shall be oriented to the north or
to some designated street or objet and shall be drawn to a designated scale with marked
dimensions sufficient to show the various internal dimension of all areas of the interior
of the premises to an accuracy of plus or minus six(6)inches. The Chief of Police shall
waive the foregoing diagram for renewal applications if the Owner adopts a diagram
that was previously submitted and certifies that the configuration of the premises has
not been altered since it was prepared. (Urg.3341-10/96)
(2) The application shall be sworn to be true and correct by the Owner under penalty of
perjury. (Urg.3341-10/96) r�
10196
Huntington Beach Municipal Code 5.70.1 00(d)(3)-5.70.1 00(e)(1)(b)
(3) No alteration in the configuration or location of a manager's station(s)may be made
without the prior approval of the Chief of Police. (Urg.3341-10/96)
(4) it is the duty of the Owner(s)to insure that at least one (1) employee is on duty and
situated at each manager's station at all times that any patron is present inside the
premises. (urg.3341-10/96)
(5) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which any
patron is permitted access for any purpose excluding restrooms. If the premises has two
(2) or more manager's stations designated,then the interior of the premises shall be
configured in such a manner that there is an unobstructed view of each area of the
premises to which any patron is permitted access for any purpose, excluding restrooms,
from at least one of the manager's stations. The view required in this subsection must
be by direct line of sight from the manager's station. (urg.3341-10/96)
(6) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present
on the premises to insure that the view area specified above remains unobstructed by
any doors,walls,persons,merchandise, display racks or other materials at all times and
to insure that no patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted in the application filed
pursuant to this subsection. (Urg.3341-10/96)
(7) No Individual Viewing Area may be occupied by more than one person at any one time.
"Individual Viewing Area" shall mean a viewing area designed for occupancy by one
person. Individual Viewing Areas of the Sex Oriented Business shall be operated and
maintained without any hole or other opening or means of direct communication or
visual or physical access between the interior space of two (2) or more Individual
viewing Areas. (Urg.3341-10/96)
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted access with an illumination of not
less than ten(10) foot candle as measured at the floor level. (Urg.3341-10/96)
(9) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present
on the premises to insure that the illumination described above is maintained at all
times that any patron is present on the premises. (Urg.3341-10/96)
(e) The following additional requirements shall pertain to Sex Oriented Businesses providing
live entertainment revealing or depicting Specified Anatomical Parts or involving Specified
Sexual Activities: (urg.3341-10/96)
(1) No person shall perform, and no owner,operator, or manager of a Sex Oriented
Business shall permit, live entertainment revealing or depicting Specified Anatomical
Parts for patrons of a Sex Oriented Business except where: (urg.3341-10/96)
(a) performed upon a stage located at least eighteen(18) inches above the level of the
floor; and (Urg.3341-10/96)
(b) a distance of at least six(6) feet,measured horizontally, is maintained between the
nearest area occupied by patrons and the portion of the stage occupied by an
entertainer, at all times during which such entertainer is revealing or depicting
Specified Anatomical Parts. (Urg.3341-10/96)
10/96
Huntington Beach Municipal Code 5.70.100(e)(2�-5.70.110(b)(5)
(2) The Sex oriented Business shall provide separate dressing room facilities for
entertainers which are exclusively dedicated to the entertainers' use. (Urg.3341-10/96)
(3) The Sex Oriented Business shall provide an entrance/exit to the premises for
entertainers which is separate from the entrance/exit used by patrons. (Urg.3341-10/96)
(4) No entertainer shall have physical contact with any patron, and no patron shall have
physical contact with any entertainer,while on the premises which physical contact
involves the touching of the clothed or unclothed genitals,pubic area,buttocks,cleft of
the buttocks,perineum, anal region,or female breast with any part or area of such other
person's body. (Urg.3341-10/96)
(5) Fixed rail(s)at least thirty(30) inches in height shall be maintained establishing the
separations between entertainers and patrons required by this Section. (Urg.3341-10/96)
5,70.110 Enforcement and Revocation. (urg.3341-10/96)
(a) The permit holder shall allow officers of the City of Huntington Beach and their authorized
representatives to conduct reasonable unscheduled inspections of the premises of the Sex
Oriented Business for the purpose of ensuring compliance with the law at any time the Sex
Oriented Business is open for business or is occupied; provided, whenever any city official
relies upon this section to gain access to the permit holder's establishment without paying
any otherwise applicable admission fee or cover charge, any person employed by the permit
holder to collect such admission fees or cover charges,may require such official,before
admitting such official to the establishment,to produce identification indicating the
official's name,branch of city government by which such official is employed,and the job
title such official holds within that branch of city government. (Urg.3341-10/96) r `,
(b) The Chief of Police shall revoke a Sex Oriented Business Permit when: (Urg.3341-10/96)
(1) Any of the applicable requirements contained in § 5.70.100 ceases to be satisfied;
(Urg.3341-10/96)
(2) the application is discovered to contain incorrect, false or misleading information;
(Urg.3341-10/96)
(3) The permit holder is convicted of a felony or misdemeanor occurring upon, or relating
to the premises or lot upon which the Sex Oriented Business is located which offense is
classified by the state as an offense involving sexual crime against children, sexual
abuse,rape, distribution of obscene material or material harmful to minors,prostitution
or pandering,including,but not necessarily limited to the violation of any crime
requiring registration under California Penal Code § 290,or any violation of Penal
Code § 243.4,261,261.5,264.1,266,266a through 266k,inclusive,267,286,286.5,
288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; (Urg.3341-10/96)
(4) If, on two (2) or more occasions within a twelve (12)month period,a person or persons
has (have)been convicted of a felony or misdemeanor for an offense set forth in this
section as a result of such person's activity on the premises or property on which the
Sex Oriented Business is located, and the person or persons were employees,
contractors or agents of the Sex Oriented Business at the time the offenses were
committed; (Urg.3341-10/96)
(5) If the permit holder or an employee has knowingly allowed prostitution, or solicitation
for prostitution, on the premises; or (Urg.3341-10/96)
10196
Huntington Beach Municipal Code 5.70.100(b)(6)-5.70.110(e)
(6) The Sex Oriented Business has been operated in violation of any of the requirements of
this Chapter and, (Urg.3341-10/96)
(i) if the violation is of a continuous nature,the Business continues to be operated in
violation of such provision for more than ten(10) days following the date written
notice of such violation is mailed or delivered to the Owner, or (Urg.3341-10/96)
(ii) if the violation is of a noncontinuous nature,two (2) or more additional violations
of the same provision, or four(4)or more violations of any other of the provisions,
of this Chapter occur(regardless of whether notice of each individual violation is
given to Owner)within any twelve (12)month period. (Urg.3341-10/96)
(c) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish
written notice of the proposed revocation to the permit holder. Such notice shall summarize
the principal reasons for the proposed revocation; shall state that the permit holder may
request a hearing within fifteen(15)calendar days of the postmarked date on the notice; and
shall be delivered both by posting the notice at the location of the Sex Oriented Business
and by sending the notice by certified mail,postage prepaid,addressed to the Permit holder
as that name and address appear on the Permit. Within fifteen(15) calendar days after the
mailing or posting of the notice,the Permit holder may file a request for hearing with the
City Administrator. If the request for a hearing is filed within fifteen(15) calendar days of
the mailing or posting of the notice referred to herein,the Chief of Police shall transmit the
request to the City Administrator, and a hearing shall be provided as set forth in this Section.
(Urg.3341-10/96)
(d) Upon receipt of a written request for a hearing,the City Administrator or his or her designee
shall appoint a Hearing Officer("Hearing Officer")to conduct a hearing. The Hearing
Officer shall conduct a hearing within forty-five (45) calendar days of the filing of such
request by the permit holder. Notice of time and place of the hearing shall be given to the
permit holder by personal service or via certified mail,postage prepaid, at least fifteen(15)
calendar days in advance of the date set for the public hearing. At the hearing, the permit
holder and the city shall be entitled to present relevant evidence,testify under oath and call
witnesses who shall testify under oath. The Hearing Officer shall not be bound by the
statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole
basis for the determination of the Hearing Officer. (Urg.3341-10/96)
(e) Within ten(10) calendar days after the hearing,the Hearing Officer shall decide whether the
grounds for revocation exist and shall submit a written report to the Chief of Police. Such
written report shall contain a brief summary of the evidence considered and shall state
findings, conclusions and directives to the Chief of Police regarding whether the permit is to
be revoked. All such reports shall be filed with the City Clerk and shall be public records.
A copy of such report shall be forwarded by certified mail,postage prepaid,to the permit
holder on the day it is filed with the City Clerk. If the Hearing Officer determines that any
grounds for revocation exist, as provided in this Chapter,the Chief of Police, based upon the
report of the Hearing Officer or, if no hearing was requested by the permit holder, based
upon the report of the city staff, shall immediately revoke the Sex Oriented Business Permit.
The Decision of the Hearing Officer shall be appealable to the City Council by the filing of
a written appeal with the City Clerk within fifteen(15)calendar days following the date of
mailing of such decision. A timely filed appeal shall vacate the decision of the Hearing
Officer. Any such appeal shall be a de novo public hearing held in the manner and within
the time limitations set forth in subsections (c)through(d) of this Section. The decision of
the City Council upon appeal, or the decision of the Chief of Police in the absence of a
timely appeal, shall be final and conclusive. (Urg.3341-10/96)
10/95
5.70.110(f)-5.70.120(d)(2) Huntington Beach Municipal Code
(f) No application for a Sex Oriented Business Permit shall be accepted or processed for any
person, corporation,partnership or member thereof,or any other entity for which a Sex
Oriented Business Permit has been revoked within the preceding three(3)year period.
(Urg.3341-10/96)
5.70.120 Existing Nonconforming Uses. (urg.3341-10/96)
(a) Any Sex Oriented Business lawfully existing on October 21, 1996,which becomes a
nonconforming use by reason of the adoption of this Chapter shall cease operation,or
otherwise be brought into full compliance with the provisions of this Chapter,not later than
October 21, 1998 or upon six(6)months written notice whichever is later,unless sooner
terminated for any reason or voluntarily discontinued for a period of sixty(60) consecutive
calendar days or more,or unless an additional extension of said amortization period is
granted upon application therefor filed pursuant to this Section. No nonconforming use
shall be increased, enlarged, extended or altered except that the use,or any portion thereof,
may be changed to a conforming use. (Urg.3341-10/96)
(b) Any Sex Oriented Business which becomes a nonconforming use by reason of the adoption
of this Chapter shall be notified in writing of its nonconforming status by the Chief of Police
by certified mail or personal service. Such notice shall be given within six(6)months
following the effective date of this Chapter or,upon any later discovery by the city of the
existence of a nonconforming Sex Oriented Business, within a reasonable time thereafter.
Such notice shall be given to the property owner of record upon which such business is
located,the Owner of the business, and the holder of the business license for such business
(to the extent such parties are different and are identifiable and accessible). Such notice
shall also identify the applicable amortization period as provided in this Section, and include
a copy of this Section describing the process for requesting an extension of such
amortization period. Failure of any person to actually receive such notice shall not effect the
validity of any proceedings pursuant to this Section. (Urg.3341-10/96)
(c) Any application for an extension of the amortization period set forth in this Section must be
filed by either the owner of the property upon which the business is located,the Owner of
the business, or the holder of the business license for the business,not later than either(i)
October 21, 1998, or(ii)within sixty (60)calendar days following the date of receipt of the
notice from the Chief of Police specified above,whichever date is later. Such application
shall be made in writing to the Chief of Police, shall include all of the information required
by Subsection(d)below, and shall be accompanied by the required application fee as
established by ordinance or resolution of the City Council. The amortization period
specified by this Section shall be final and conclusive for all purposes in the absence of a
timely filed extension application pursuant to this subsection. (Urg.3341-10/96)
(d) Not later than thirty (30)calendar days after submittal of an application to extend the
amortization period,the Chief of Police shall notify the applicant, in writing,if the
application is not complete and specify the reasons therefor. A complete application shall
include: (Urg.3341-10/96)
(i) a written request for an extension of the amortization period which specifies the
additional length of time requested for amortization of the existing use and the
justification therefor, including but not necessarily limited to information relevant to the
criteria for such extension as listed in the Section below, (Urg.3341-10/96)
(ii) the signature of the applicant certifying under penalty of perjury that all of the
information upon or submitted with the application is true and correct to the best of his
or her information and belief,and (Urg.3341-10/96)
10196
Huntington Beach Municipal Code 5.70.120(d)(3)-5.70.120(t)(6)
(iii) the required application fee. (Urg.3341-10/96)
If the application is not complete,the Chief of Police shall specify in writing those portions
which are incomplete and shall identify the manner by which it can be made complete. If a
written determination is not provided to the applicant within thirty(30) calendar days after it
is submitted,the application shall be deemed complete. Upon receipt of notice that the
application is incomplete,the applicant shall have thirty(30) calendar days to submit a
revised application or the required additional information. If the applicant fails to submit a
revised application or the additional information required by the notice of insufficiency prior
to the expiration of said thirty(30) day period,the application shall be deemed withdrawn
and the amortization period specified in the subsection above shall be final and conclusive
for all purposes. If the applicant submits a revised application or the additional required
information to the Chief of Police within said time period,the Chief of Police shall again
review the sufficiency of said application within the time and manner set forth in this
subsection. (Urg.3341-10/96)
(e) Within thirty(30) calendar days following the receipt of a completed application, Chief of
Police shall notify the City Administrator and transmit the application and file to the City
Administrator, who shall appoint a Hearing Officer("Hearing Officer")within seven(7)
calendar days of such notice and transmittal. The Hearing Officer shall within twenty(20)
calendar days thereafter conduct a hearing upon such application. Notice of such hearing
shall be given in writing to the owner of the property upon which the business is located,the
Owner of the business,the holder of the business license for the business, and the Chief of
Police. Such notice shall be given by first class mail, postage prepaid, and shall be
deposited in the course of transmission with the United States Postal Service not less than
ten(10) calendar days prior to the date of the hearing. Such notice shall specify the date,
time,place and subject matter of the hearing. (Urg.3341-10/96)
(f) At the hearing,the Hearing Officer shall receive the evidence and testimony regarding the
criteria set forth in this subsection and shall determine whether the business has been
provided a reasonable amortization period commensurate with the investment involved. If
the Hearing Officer determines that the amortization period specified above is not
reasonable, the Hearing Officer shall prescribe a reasonable amortization period
commensurate with the investment in the business. The criteria to be used by the Hearing
Officer in making such determination shall be as follows: (urg.3341-10/96)
(1) The Owner's financial investment in the business prior to the date of notice.
(Urg.3341-10/96)
(2) The present actual and depreciated value of the business improvements. (Urg.3341-10/96)
(3) The applicable Internal Revenue Service depreciation schedules for such improvements.
(Urg.3341-10/96)
(4) The remaining useful life of the business improvements, if any. (Urg.3341-10/96)
(5) The extent to which the business fails to comply with all applicable requirements of this
Chapter. (urg.3341-10/96)
(6) The extent, if any,to which the business has been brought into compliance with any of
the applicable requirements of Chapter 5.70 since the date of adoption of this amended
Chapter 5.70 and with which such business previously failed to conform, including the
cost incurred for any such improvements. (Urg.3341-10/96)
10/96
P
5.70.120(f)(7)-5.70.140 Huntington Beach Municipal Code
(7) The remaining term of any lease or rental agreement under which the business is
operating. (Urg.3341-10/96)
(8) The date upon which the Owner first received notice of the nonconforming status of the
business. (Urg.3341-10/96)
(9) Whether the business can be brought into conformance with all applicable requirements
of this Chapter without requiring to be relocated, and the cost of complying with such
requirements. (Urg.3341-10/96)
(10)Whether the business must be discontinued at the present location in order to comply
with the requirements of Chapter 5.70 and, if such relocation is required: (Urg.3341-10/96)
(i) the availability of relocation sites, and (Urg.3341-10/96)
(ii) the cost of such relocation. (Urg.3341-10/96)
(11)The ability of the Owner to change the business to a conforming use. (Urg.3341-10/96)
(g) Within fifteen(15)calendar days following the date of the hearing(or any extension of such
hearing as approved by the applicant),the Hearing Officer shall mail by first class mail,
postage prepaid, a written copy of his or her decision regarding such application to the
owner of the property upon which the business is located,the Owner of the business,the
holder of the business license, and to any other person who has theretofor made written
request to the Hearing Officer for notice of such decision. Said decision shall include
written findings in support of his or her determination to grant or deny an extension of the
amortization period. Approval of any extension of the amortization period specified in this
Section may be conditioned upon phased compliance with certain requirements of this
Chapter by various dates. Failure to comply with any such conditions or requirements of the
extension within the time limit(s) specified in the extension decision shall be deemed an
automatic expiration of the amortization period without further notice, hearings or orders;
provided, however, in no event shall such amortization period expire prior to the date set
forth in the subsection above. The decision of the Hearing Officer shall be based upon the
evidence presented at the hearing. The decision of the Hearing Officer shall be deemed final
and conclusive. (Urg.3341-10/96)
(h) No Sex Oriented Business which was rendered nonconforming by the adoption of this
Chapter shall continue to be operated in the City of Huntington Beach without complying
with all of the provisions of this Chapter otherwise applicable to such Sex Oriented Business
following expiration of the amortization period set forth in this Section or any extension
thereof specifically approved for such Sex Oriented Business. (urg.3341-10/96)
5 70,130 Regulations Nonexclusive. The provisions of this article regulating Sex Oriented
Businesses are not intended to be exclusive and compliance therewith shall not excuse
noncompliance with any other regulations pertaining to the operation of businesses as adopted by
the City Council of the City of Huntington Beach. (urg.3341-10/96)
5.70,140 Violation--Penalty. Any person violating the provisions of this chapter shall be guilty
of a MISDEMEANOR,punishable by a fine of five hundred dollars ($500) or by imprisonment
in the county jail for a period not to exceed six(6)months,or by both such fine and
imprisonment. (Urg.3341-10/96)
10196
i v
Huntington Beach Municipal Code 5.70.150-5.70.180
5,70.150 Unlawful operation declared nuisance. Any Sex Oriented Business operated,
conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby
declared to be unlawful and a public nuisance. The City Attorney may, in addition to,or in lieu
of prosecuting a criminal action hereunder, commence an action or actions,proceeding or
proceedings for abatement,removal or enjoinment thereof,in the manner provided by law. He
shall take such other steps and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate or remove such Sex Oriented Business and restrain and enjoin any
person from operating, conducting or maintaining a Sex Oriented Business contrary to the
provisions of this chapter. (Urg.3341-10/96)
5.70,160 Minors and Intoxicated Persons. (urg.3341-10/96)
(a) It shall be a misdemeanor for any person under the age of eighteen(18)years or any
obviously intoxicated person to enter or remain on the premises of a Sex Oriented Business
at any time. A sign giving notice of this provision shall be prominently posted at each
entrance to the premises of the Sex Oriented Business. (Urg.3341-10/96)
(1) Every person having responsibility for the operation of a Sex Oriented Business who,
with knowledge that a person is a minor, or who fails to exercise reasonable care in
ascertaining the true age of a minor,knowingly allows such minor to enter or remain on
the premises of the business is guilty of a misdemeanor. (urg.3341-10/96)
(2) Every person having responsibility for the operation of a Sex Oriented Business who
allows any obviously intoxicated person to enter or remain on the premises of the
business is guilty of a misdemeanor. (urg.3341-10/96)
(b) For purposes of this section,the holder of a Sex Oriented Business Permit when present on
the premises, and the manager or other person(s) in charge of the premises, are persons
having responsibility for the operation of the business. The term"minor" shall mean any
person under the age of eighteen(18)years. (Urg.3341-10/96)
5.70.170 Employment of Persons Without Permits Unlawful. It shall be unlawful for any
owner, operator, manager, or permittee in charge of or in control of a Sex Oriented Business
which provides live entertainment depicting specified anatomical areas or involving specified
sexual activities to allow any person to perform such entertainment who is not in possession of a
valid,unrevoked Sex Oriented Business Performer Permit. (Urg.3341-10/96)
5.70.180 Severabilijy. If any section, subsection, subdivision,paragraph, sentence, clause, or
phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this chapter or any part thereof. The City Council
hereby declares that it would have passed each Section, subsection, subdivision,paragraph,
sentence, clause, or phrase thereof irrespective of the fact that any one(1) or more subsections,
subdivisions,paragraphs, sentences, clauses, or phrases be declared unconstitutional,or invalid,
or ineffective. (Urg.3341-10/96)
10/96
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CV
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective 7/16/96)
Please Remove from Code Please Add to Code
ap Chapter 2.112
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
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HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective 7/16/96)
Please Remove from Code Please Add to Code
Chapter 2.112 Chapter 2.112
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
• (714) 374-1559
960716.doc
Huntington Beach Municipal Code 2.112.010-2.112.060
Chapter 2.112
MOBILE HOME ADVISORY BOARD
(3332-7/96)
Sections:
2.112.010 Board established
2.112.020 Purpose
2.112.030 Composition
2.112.040 Removal of members
2.112.050 Vacancies--Retirement
2.112.060 Service limitation
2.112.070 Secretary
2.112.080 Meetings/Quorum
2.112.090 Operating policies
2.112.100 Bylaws
2.112.110 Advisors
2.112.010 Board established. There is hereby established a Mobile Home Advisory Board.
(3332-7/96)
2.112.020 Purpose. The purpose of the Board shall be: (3332-7/96)
(a) To ensure the quality of life in mobile home parks and to review matters concerning mobile
home parks in the City of Huntington Beach through healthy communication with park
owners, manufactured home owners and the City Council. (3332-7/96)
(b) To act in an advisory capacity to the City Council on matters concerning the mobile home
community. (3332-7/96)
2.112.030 Composition. The Mobile Home Advisory Board shall consist of nine (9) members.
Membership shall be comprised of three (3) Huntington Beach mobile home park owners (who
may or may not reside in Huntington Beach), three (3) Huntington Beach mobile home resident
owners, and three (3) Huntington Beach independent citizens-at-large who have no affiliation or
relationship with mobile home parks. All members shall be selected by the City Council from
applicants for such position. (3332-7196)
2.112.040 Removal of members. Members of the Board shall serve until their respective
successors are appointed and qualified. The City Council shall have the power to fill any
vacancies. Unless otherwise specified, terms of members of the Board shall be four (4) years,
staggered so that the majority of terms shall end in odd-number years following the election of
three (3) council members. Any member of the Board may be removed by majority vote of the
City Council present when such vote is taken. Any member who absents himself from three (3)
consecutive, regular meetings or more without the permission of the Board chairperson shall be
deemed to have resigned from the Board and his office shall become vacant. Any vacancy shall be
filled by appointment for the unexpired term by a majority vote of the Council present and voting.
(3332-7196)
2.112.050 Vacancies--retirement. Members shall be privileged to retire voluntarily from the
Board at any time; successors to be appointed in such case, or any other vacancy from whatever
cause, by the Mayor, with the approval of the City Council, for the unexpired term of office.
(3332-7/96)
2.112.060 Service limitation. No person shall serve more than two (2) consecutive four (4)
year terms. (3332-7/96)
6/96
4
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r
2.112.070--2.112.110 Huntington Beach Municipal Code
2.112.070 Secretary. The Director of Economic Development, or his designee, shall serve as
secretary to the Board without the power to vote, and shall keep permanent minutes of the Board
meetings. Accurate and permanent records of the acts of the Board shall be kept, and such
records shall have the same status as records of other department of the city. (3332-7/96)
2.112.080 Meetings/Quorum. (3332-7/96)
(a) The Board shall meet at such time and place as it may fix by resolution. All meetings shall be
open to the public and consistent with the provision of the Brown Act (open meetings law). A
majority of the Board shall constitute a quorum for transaction of business.(3332-7/96)
(b) Upon demand of any member, the roll call shall be called for yeas and nays upon any questions
before the Board. Roberts' Rules of Order Revised shall govern the procedure of meetings of
the Board unless inconsistent with other provisions of this Chapter.(3332-7/96)
2.112.090 Operating policies. The Board shall conform to the operation policies for boards and
commissions as set forth in Chapter 2.100 of this Code with the exception of§ 2.100.050.
(3332-7/96)
2.112.100 Bylaws. The Mobile Home Advisory Board shall adopt such bylaws and rules as it
deems necessary to provide for its officers and their method of selection of time and place of
meetings and for such other matters relative to its work and administration of its duties which are
not otherwise provided for by statue or ordinance, subject to prior submission to and approval by
the City Council. (3332-7/96)
2.112.110 Advisors. The Mobile Home Advisory Board may request of the Director of
Economic Development the attendance at its meetings of any officer or employee of the City to
assist the Board in its deliberations in an advisory capacity but who shall not have the authority to
vote upon any matter being considered by the Board. (3332-7/96)
6/96
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HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective 6/19/96)
Please Remove from Code Please Add to Code
Chapter 5.66 Chapter 5.66
Chapter 10.12 Chapter 10.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
960619.doc
Huntington Beach Municipal Code 5.66.010--5.66.020(b)
Chapter 5.66
MOTOR VEHICLE TOWING SERVICE
(Urg.Ord.2445-7/80,2789-9/85,3269-1/95,3330-6/96)
Sections:
5.66.010 Scope of chapter
5.66.020 Towing operation defined
5.66.030 Towing operation--Permit required
5.66.040 Application for towing operation permit--Fee
5.66.050 Denial of towing operation permit
5.66.060 Tow unit operators--Permit required
5.66.070 Tow unit operators--Identification card
5.66.080 Application for tow unit operator permit--Fee
5.66.090 Denial of tow unit operator permit
5.66.100 Insurance required
5.66.110 Business location
5.66.120 Towing authorization
5.66.130 Removal from private property--Notification
5.66.135 Vehicles parked less than one hour
5.66.140 Itemized statement--When required
5.66.150 Vehicle repair or alteration--When permitted
5.66.160 Release of vehicle
5.66.170 Rates and charges--Signs--Change of
5.66.180 Permits--Nontransferable
5.66.190 Change of ownership
5.66.200 Change of ownership--Application fee
5.66.210 Change of ownership--Action on
5.66.220 Permit for each location required
5.66.230 Change of location
5.66.240 Permit renewal
5.66.250 Towing service--Permit denial--Appeal
5.66.260 Permit suspension and revocation
5.66.270 Suspension or revocation--Grounds for
5.66.280 Appeal procedure
5.66.290 Appeal--Hearing
5.66.300 New application after denial or revocation
5.66.310 Violation--Penalty
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and
businesses providing non-consensual vehicle tow service whether established before or after the
effective date hereof. (Urg.Ord.2445-7/80,2789-9/85,3330-6/96)
5.66.020 Towing operation defined.
(a) As used in this chapter, "towing operation" means the activity of towing and storing of
vehicles, and the performance of other services incident thereto, for compensation within the
city of Huntington Beach, without the consent of owner(s) of the vehicle. Such towing shall
include: (3330-6/96)
(1) Any official police impound garage and towing service, designated by resolution of the
City Council. (3330-6/96)
(2) Any police directed tow, including but not limited to: (3330-6/96)
(a) Any tow from the scene of an accident, arrest, or issuance of a citation;(3330-6/96)
(b) Any tow of an illegally parked vehicle for violation of any local, state or federal
regulation. (3330-6/96)
6196
T T
i
5.66.020(b)-5.66.040(t) Huntington Beach Municipal Code
(b) The provisions of this chapter shall not apply to any towing operation: (3330-6/96)
(1) That provides tow service exclusively to members of an association, automobile club or
similar organization, and receives remuneration only from the sponsoring association,
automobile club or similar organization;(3330-6/96)
(2) That provides tow service without charge or fee for other vehicles owned or operated by
the individual or organization furnishing tow service;(3330-6/96)
(3) That provides tow service for other vehicles owned or operated by the individual or
organization furnishing the tow service, but which are being operated under terms of a
rent or lease agreement or contract, and such towing is performed on a nonprofit basis or
said fee is a part of the rent or lease agreement or contract;(3330-6/96)
(4) That provides exclusively consensual, nonemergency towing assignments which include
towing of vehicles that have been involved in a collision, but have been removed from the
scene; that have experienced mechanical failure, but have been removed from the roadway and
no longer constitute a hazard; or that, being mechanically operative, are towed for
convenience. All nonemergency towing assignments require authorization from the registered
owner, legal owner, driver, or other person in control of such vehicle. (urg.ord.2445-7/80,2789-9/85,
3330-6/96)
5.66.030 Towiny, operation--Permit required. No person shall engage in, manage, conduct or
operate a towing operation without a written permit from the Chief of Police. (u,g.ord.2445-7/80,
2789-9/85)
5.66.040 Application for towing operation permit--Pee. An application for a towing
operation permit shall be filed with the Chief of Police on forms furnished by him, shall be
accompanied by a fee set by resolution of the City Council, and shall contain the following
information:
(a) The name, date of birth, driver's license number, business and residence addresses of the
applicant, if a natural person; or if a 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;
(b) A description of each tow truck or other vehicle proposed to be used by the applicant,
together with engine number, vehicle identification number, and state vehicle license number
thereon;
(c) The names, dates of birth, addresses and drivers' license numbers of all tow truck operators
employed by the applicant;
(d) The business, occupation, or employment history of the applicant for three (3)years
immediately preceding the date of the application, including if applicable, the business license
and permit history while operating as a tow service;
(e) All criminal convictions or proceedings in which a plea of guilty or nolo contendere was
entered, including vehicle code violations;
(f) Such other identification and information reasonably necessary for the Chief of Police to carry
out the purposes of this chapter. (urg.ord.2445-7/80,2789-9/85)
6/96
Huntington Beach Municipal Code 5.66.050--5.66.080(d)
5.66.050 Denial of towing operation permit. The Chief of Police, or his designee, shall cause
an investigation of the applicant, and the application for a permit may be denied on any of the
following grounds:
(a) The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity;
(b)The applicant has not completed all portions of the application.
(c) The applicant is a person under the age of eighteen (18)years; .
(d) The applicant has made a material misrepresentation in the application;
(e) The applicant, his agent or employee, or any person connected or associated with the
applicant as partner, director, officer, stockholder, associate, or manager has committed or
aided or abetted in the commission of any act, or act of omission, which if committed by a
permittee would be grounds for suspension or revocation of a permit;
(f) The towing service, as proposed by the applicant, does not comply with all applicable laws
including, but not limited to, health, zoning, fire and safety requirements and standards.
(Urg.Ord.2445-7/80,2789-9/85)
5.66.060 Tow unit operators--Permit required.
(a) No person shall operate or drive a tow unit without a written permit from the Chief of Police.
(b) No person shall be employed as a tow unit operator until such time as said person has
received a written permit from the Chief of Police to act as a tow unit operator.
(Urg.Ord.2445-7/80,2789-9/85)
5.66.070 Tow unit operators--Identification card. Every person directly engaged in the
operation of a tow unit shall carry on his person at all times while so engaged, an identification
card, issued by the Police Department, identifying the bearer as a tow unit operator, and shall
display such card to any police officer upon request. The identification card shall bear the name,
physical description, business address, and photograph of the permittee, and the name and address
of the garage employing the permittee.
The identification card shall be returned to the Police Department immediately upon suspension,
revocation or termination of employment. (Urg.Ord.2445-7/80,2789-9/85)
5.66.080 Application for tow unit operator permit--Fee. An application for a tow unit
operator permit shall be filed with the Chief of Police on forms furnished by him, shall be
accompanied by a fee, set by resolution of the City Council, and shall contain the following
information:
(a) The name, date of birth, driver's license number, residence address, and the name and address
of his employer;
(b) The business, occupation, or employment history of the applicant for three (3) years
immediately preceding the date of the application, including permit history, if any, as a tow
unit operator;
(c) All criminal convictions or proceedings in which a plea of guilty or nolo contendere was
entered, including vehicle code violations;
(d) Such other identification and information reasonably necessary for the Chief of Police to carry
out the purposes of this chapter. (Urg.Ord.2445-7/80,2789-9/85)
6/96
f Y
5.66.090--5.66.130(c) Huntington Beach Municipal Coder
5.66.090 Denial of tow unit operator permit. The Chief of Police, or his designee, shall cause
an investigation of the applicant, and the application for a permit may be denied on any of the
following grounds: �\
(a)The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity;
(b) The applicant is a person under the age of eighteen(18) years;
(c) The applicant has made a material misrepresentation in his application;
(d) The applicant has not completed all portions of the application.
(d) The applicant has committed or aided or abetted in the commission of any act, or act of
omission, which if committed by a permittee would be grounds for suspension or revocation
of a permit;
(e) The applicant does not possess a valid California driver's license. (2789-9/85)
5.66.100 Insurance required. Before an application for a permit to operate a towing operation
will be issued or renewed, the applicant must furnish the Chief of Police, or his designee, a
certificate of insurance, written by an insurance company admitted to do business in this state, in
minimum amounts established by resolution of the City Council, and approved as to form by the
City Attorney. (urg.Ord.2445-7/80,2789-9/85)
5.66.110 Business location. Any person conducting a towing operation shall maintain a physical
location from which his business is conducted. Such physical location shall provide an office with
an adjacent yard for vehicle storage, approved by the Chief of Police, or his designee, prior to a
permit being issued. (urg.Ord.2445-7/80,2789-9/85)
5.66.120 Towing authorization. A permittee shall not attach a vehicle to a tow unit without
first receiving written authorization to do so by the registered owner, legal owner, driver, or other
person in control of said vehicle. Such authorization shall list the services offered and the rates
and charges required therefor. A copy of such authorization shall be furnished to the person
authorizing the tow, and shall list the name, address and telephone number of the towing
operation business and the days and hours the business is open for release of vehicles. Such copy
shall also be signed by the tow unit operator performing the authorized service. (urg.Ord.2445 7/80,
2789-9/85)
5.66.130 Removal from private property--Notification. The owner or person in lawful
possession of any private property may, subsequent to notifying by telephone or the most
expeditious means available, the Police Department, cause the removal of a vehicle parked on
such property to the nearest public garage, if there is displayed at all entrances to the property in
plain view a sign, 18 x 24 inches in size, prohibiting public parking and indicating that vehicles
will be removed at the owner's expense, and containing the telephone number of the Police
Department. Such owner, or person in lawful possession of any private property, causing the
removal of a vehicle parked on that property shall be liable for any storage or towing charges if no
sign is posted, as provided by this section and California Vehicle Code section 22658(a). The
Huntington Beach Police Department shall be informed of the following:
(a) The name, address and phone number of the person authorizing removal of the illegally
parked vehicle.
(b) The location of the private property from which the vehicle is to be removed.
(c) The name, address and telephone number of the location where the vehicle is to be stored.
6/96
Huntington Beach Municipal Code 5.66.130(d)--5.66.160
(d) The license number, model, vehicle identification number, and the color of the vehicle to be
removed.
(e)The name and address of the person reporting the private property impound.
It is the responsibility of the permittee to ensure that the Huntington Beach Police Department is
notified by the owner or person in lawful possession of the private property prior to removal of
any illegally parked vehicle, and it shall be unlawful to remove such vehicle until such notification
has been given. The tow truck operator, with authorization of the owner or person in lawful
possession of the private property, shall notify the Police Department on behalf of the owner or
person in lawful possession of such private property. (urg.Ord.2445-7/80,2789-9/85)
5.66.135 Vehicles parked less than one hour. Every owner or person in lawful possession of
any private property which is held open to the public, or a discernible portion thereof, for parking
of vehicles at no fee, shall not tow or remove, or cause the towing or removal, of any vehicle
within one hour of the vehicle being parked. (3269-1/95)
5.66.140 Itemized statement--When required. A permittee hereunder shall furnish to the
person authorizing the towing service, or his agent, an itemized statement of services performed,
including labor and special equipment used in towing the vehicle and the charges made therefor
upon the request of:
(a) The registered owner; or
(b) The legal owner; or
(c) The insurance carrier of either (a) or (b); or
(d) The duly authorized agent of any of the foregoing.
The permittee shall furnish a copy of such statement to any person authorized to receive the same
without demanding payment as a condition precedent. (urg.Ord.2445-7/80,2789-9/85)
5.66.150 Vehicle repair or alteration--When permitted. No permittee shall make any repairs
or alterations to a vehicle without first being authorized by (a) the registered owner; or(b) the
legal owner; or (c) the insurance agent of either(a) or (b); or (d) the authorized agent of any of
the foregoing. Parts or accessories shall not be removed from any vehicle without authorization
except as necessary for security purposes. Under such circumstances, the parts or accessories
removed shall be listed on the itemized statement and stored in the business office. This section
shall not be construed as prohibiting permittees from making emergency alterations necessary to
permit the removal by towing of such vehicle. (urg.Ord.2445-7/80,2789-9/85)
5.66.160 Release of vehicle. A tow operation permittee shall provide for release of vehicles
Monday through Friday from 9 a.m. to 4 p.m., excluding officially recognized holidays.
Permittees may additionally release vehicles on other days and hours.
Upon application to the Chief of Police, or his designee, and a showing of hardship by the
permittee, an adjustment in the days and hours during which vehicles may be released may be
made.
Permittee shall not refuse to relinquish possession or control of a vehicle to its lawful owner, or to
the agent of the lawful owner as evidenced by keys which operate said vehicle and by the
statement and driver's license of said agent, where said vehicle has been seized as a private
property impound and where such vehicle has not yet been removed to a garage as required by
California Vehicle Code section 22851. For the purpose of this section, a vehicle is removed to a
garage when it is physically present in such garage. Conditioning the release of a vehicle not yet
6/96
5.66.160--5.66.210 Huntington Beach Municipal Code '
removed to a garage upon payment of a charge or "let-down" fee shall be deemed to be a refusal
to relinquish possession or control. (urg.Ord.2445-7/80,2789-9/85)
5.66.170 Rates and charges--Signs--Change of.
(a) A tow operation permittee shall post and maintain a list of the rates and charges for all
services offered, placed conspicuously in the office or any location where customer financial
transactions take place. Such list shall have letters a minimum of one (1) inch high with one
quarter inch stroke on a background of contrasting color.
(b) Applicants for towing operation permits shall file with the Police Department a schedule of
rates and charges for each service offered. No charge other than the rates and charges
specified in such schedule shall be made except as herein provided. No fee charged in
connection with removal of a vehicle from private property, pursuant to section 5.66.130,
shall be higher than the fees authorized by resolution of the City Council.
Changes in rates and charges shall be made by written notice, containing the new schedule, to the
Police Department at least ten(10) days prior to becoming effective. A duplicate copy of such
notice shall be posted next to the schedule of existing rates and charges for a period of ten(10)
days in the office of the towing operation business. (urg.Ord.2445-7/80,2789-9/85)
5.66.180 Permits--Nontransferable. Permits shall not be transferable except as hereinafter
provided. (urg.Ord.2445-7/80,2789-9/85)
5.66.190 Change of ownership. When a towing operation for which a permit has been issued is
sold or transferred to one of the transferees listed in this section, the Chief of Police, or his
designee, may endorse a change of ownership on such permit upon written application by the
transferee. Only the following transferees or successors shall be entitled to such transfer of
permit:
(a) Duly qualified representatives of permittees regularly appointed by courts of competent
jurisdiction, assignees for the benefit of creditors, and spouses or children of deceased
permittees.
(b) The surviving partner or partners of a dissolved partnership.
(c) A new partnership consisting of the members of a predecessor partnership, plus their spouse
or spouses of any such members.
(d) A new corporation, organized and controlled by an individual or unincorporated permittee for
the purpose of acquiring, or which has acquired the assets of the business previously owned
and operated by such permittee.
(e) Upon dissolution of a closely held corporation, the stockholders to whom the assets are
distributed. (urg.Ord.2445-7/80,2789-9/85)
5.66.200 Change of ownership--Application fee. A transferee or successor entitled to a
transfer of permit must file an application for such transfer with the Chief of Police within thirty
(30) days after he assumes control of the towing operation. The Chief of Police may require such
evidence of the transfer of ownership or control as he deems necessary. A fee equal to 20 percent
of the original fee for the permit shall accompany the application. (urg.Ord.2445-7/80,2789-9/85)
5.66.210 Change of ownership--Action on. The Chief of Police shall transfer the permit to an
applicant entitled to such transfer if he finds that the transfer will not adversely affect the peace,
health, safety, convenience and general welfare of the public, and the transferee possesses the
qualifications required of original applicants. (urg.Ord.2445-7/80,2789-9/85)
6/96
Huntington Beach Municipal Code 5.66.220--5.66.270(g)
5.66.220 Permit for each location required. No tow operation permittee shall conduct a
towing operation at a location other than the location specified in the permit. (urg.Ord.2445-7/80,
2789-9/85)
5.66.230 Chance of location. Where no conflict exists with the city's zoning regulations or
other provisions of this code, a change of location may be endorsed on a permit by the Chief of
Police, or his designee, upon written application by a permittee, accompanied by a change of
location fee in a sum set by resolution of the City Council. (urg.Ord.2445-7/80,2789-9/85)
5.66.240 Permit renewal. Permits for towing operations and tow unit operators may be
renewed on a year-to-year basis provided that the permittees continue to meet the requirements
contained in this chapter. The renewal fee for a towing operation and for a tow unit operator
shall be set by resolution of the City Council. (2789-9/85)
5.66.250 Towing service--Permit denial--Appeal. If the Chief of Police, following
investigation of the applicant, finds that the applicant does not meet the requirements set forth in
this chapter, he shall deny the application and notify the applicant by certified mail of such denial.
Any applicant who is denied a permit by the Chief of Police may appeal such denial to the City
Administrator, pursuant to the provisions of this chapter. (2789-9/85)
5.66.260 Permit suspension and revocation. The Chief of Police, or his designee, may, based
on evidence that any provision of this chapter has been violated, suspend or revoke a permit. The
permittee shall be provided with written notice by first class mail, postage prepaid, of such
suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen (15)
days of the date of mailing of the notice of denial, suspension or revocation. In the event an
appeal is timely filed, the suspension or revocation shall not take effect until final decision has
been rendered by the City Administrator, or his designee, unless permittee has requested a
continuance, as provided elsewhere in this chapter. If no appeal is filed, the suspension or
revocation shall become effective upon expiration of the period for filing appeals. (urg.Ord.2445-7/80,
2789-9/85)
5.66.270 Suspension or revocation--Grounds for. It shall be grounds for suspension or
revocation of a permit, issued under the provisions of this chapter, if any permittee, his agent or
employee or any person connected or associated with the permittee as partner, director, officer,
stockholder, general manager, or person who is exercising managerial authority of or on behalf of
the permittee has:
(a) Knowingly made any false, misleading or fraudulent statement of a material fact in an
application for a permit, or in any report or record required to be filed with the Police
Department; or
(b) Violated any provision of this chapter or of any statute relating to his permitted activity; or
(c) Been convicted of a felony or any crime involving theft or embezzlement; or
(d) Committed any act constituting dishonesty or fraud; or
(e) Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a
towing operation business; or
(f) Published, uttered or disseminated any false, deceptive or misleading statements or
advertisements in connection with the operation of the towing service; or
(g) Violated any rule or regulation adopted by the City Council relating to permittee's business or
activity; or
6/96
5.66.270(h)-5.66.280(d) Huntington Beach Municipal Code
(h) Wilfully failed to comply with the terms of any contract made as a part of the exercise of the
towing operation; or
(i) Conducted the towing operation in a manner contrary to the peace, health, safety and general
welfare of the public; or
(j) Operated a tow unit without a valid California driver's license, or when such license has been
suspended or revoked; or
(k) The permittee, his agents or employees, obtained a tow contract by use of fraud, trick,
dishonesty or forgery; or
(1) The permittee, his agents or employees, stopped and solicited on any street, highway or other
public thoroughfare the rendering of assistance to a person or disabled vehicle without first
being requested to do so except to render emergency aid when there exists an imminent peril
to life or property; or
(m)The permittee, his agents or employees, towed a vehicle to a location other than listed as the
business address of such permittee without first receiving authorization to do so by the person
authorizing the tow; or
(n) The permittee, his agents or employees, after towing a vehicle to the business location of
permittee without authorization, towed such vehicle to another location for storage; or
(o) The permittee, his agents or employees, have conspired with any person to defraud any owner
of a vehicle, or any insurance company, or any other person financially interested in the
charges for towing or storage of a vehicle, by making false or deceptive statements relating to
such towing or storage; or
(p) The permittee, his agents or employees, removed a vehicle involved in a collision prior to
arrival of police, and a person, as a result of such collision, suffered death or injury; or the
driver of an involved vehicle, or a party to such collision, was under the influence of a drug or
intoxicant of any nature; or there is evidence that such vehicle was involved in a hit-and-run
collision; or
(q) The permittee, his agents or employees, has charged for services not performed, equipment
not employed or used, services or equipment not needed, or has otherwise materially
misstated the nature of any service performed or equipment used. (urg.Ord.2445-7/80,2789-9/85)
5.66.280 Appeal procedure.
(a) The City Administrator, or his designee, shall schedule a hearing to be held within fifteen(15)
days after the filing of the notice of appeal.
(b) Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten
(10) days prior thereto to the permittee at the address given in the notice of appeal, or if none
is provided, to the address set forth in the permit application.
(c) The City Administrator, or his designee, in his sole discretion, may grant or deny
continuances; may dissolve stays of pending orders of denial, suspension or revocation; and
may appoint outside Hearing Officers.
(d) The City Administrator, or his designee, shall determine, after consideration of all evidence
presented, whether a permit should be issued, reinstated, suspended or revoked. The decision
of the City Administrator, or his designee, shall be final.
6/96
Huntington Beach Municipal Code 5.66.280(e)--5.66.310
(e) The City Administrator shall establish written administrative regulations implementing the
provisions of this section. (2789-9/85)
5.66.290 Appeal--Hearing. The following rules of evidence shall apply:
(a) Oral evidence shall be taken only under oath or affirmation. The Hearing Officer shall have
authority to administer oaths, and to receive and rule on admissibility of evidence.
(b) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to
cross-examine opposing witnesses who have testified under direct examination. The Hearing
Officer may call and examine any witness.
(c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for
herein. Any relevant evidence may be admitted if it is material and is evidence customarily
relied upon by responsible persons in the conduct of their affairs regardless of the existence of
any common law or statutory rule which might make admission of such evidence improper
over objection in civil actions. Hearsay testimony may be used for the purpose of
supplementing or explaining any evidence given in direct examination, but shall not be
sufficient in itself to support a finding unless such testimony would be admissible over
objection in civil actions. The rules of privilege shall be applicable to the extent that they
now, or are hereafter permitted in civil actions; and irrelevant, collateral, undue, and
repetitious testimony shall be excluded. (2789-9/85)
5.66.300 New application after denial or revocation. When the permit of any person is
revoked or denied for cause, no new or other application for a permit from the same person shall
be accepted within one (1) year after such revocation or denial unless the applicant can show a
material change in his situation which would justify the issuance of such permit. (urg.Ord.2445-7/80,
2789-9/85)
5.66.310 Violation--Penalty. Any person violating any provision of this chapter shall be guilty
of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of not more than
five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six (6)
months, or by both such fine and imprisonment, and each such person shall be guilty of a separate
offense for each and every day or portion thereof during which any violation of any of the
provisions of this chapter is committed, continued, or permitted. (urg.Ord.2445-7/80,2789-9/85)
6/96
Huntington Beach Municipal Code 10.12.010--10.12.040
Chapter 10.12
SPEED LIMITS
(1935-1174,1947-12/74,1997-9f75,2066-7/76,2316-10178,2325-11/78,2358-5f79,2388-9f79,2421-5/80,
Urg Ord 2422-3/80,2432-6/80,2527-2/82,2624-7/83,2654-11/83,2670-11/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,
3187-3/93,3188-3/93,Urg,3204-7/93,3230-4/94,3272-1/95,3328-6/96)
Sections:
10.12.010 Twenty-five m.p.h. prima facie speed limit
10.12.020 Thirty in.p.h. prima facie speed limit
10,12.030 Thirty-five m.p.h. prima facie speed limit
10.12.040 Forty m.p.h. prima facie speed limit
10.12.050 Forty-five m.p.h. prima facie speed limit
10.12.060 Fifty m.p.h. prima facie speed limit
10.12.065 Fifty-five m.p.h. prima facie speed limit
10.12.070 Speed limits on state highways
10.12.080 Speed limits enumerated
10.12.010 Twenty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of the streets hereinafter set forth, the City Council determines and
declares that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the
orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that
the prima facie limit of speed on a portion of the following streets as listed in Section 10.12.080
shall be and is twenty-five (25) miles per hour. (1935-11/74,1947-12f74,2066-7f76,2421-5/80,2883-12/86,
3133-8/92,3272-1/95)
10.12.020 Thirty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets; that a prima facie speed limit of thirty(30) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is thirty (30)
miles per hour (1935-11f74,1947-12/74,1997-9f75,2066-7/76,2388-9f79,2432-6/80,2527-2/82,3133-8/92,3230-4/94,
3272-1/95)
10.12.030 Thirty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of the streets hereinafter set forth, the City Council determines and
declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and,safe upon
said streets, that a prima facie speed limit of thirty-five (35) miles per hour is the most appropriate
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is
thirty-five (35) miles per hour. (1935-11f74,1947-12/74,2358-5f79,Urg Ord 2422-3/80,2527-2/82,2654-11/83,
2670-11/83,2715-9/84,2878-12/86,3133-8/92,3230-4/94,3272-1/95)
10.12.040 Forty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets, that a prima facie speed limit of forty (40) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is forty (40)
miles per hour. (1935-11/74, 1947-12f74, 1997-9f75,2066-7/76,2316-10178,2358-5/79,2421-5/80,2432-6/80,2527-2/82,
2624-7/83,2715-9/84,2878-12/86,2883-12/86,3133-8/92,3230-4/94,3272-1/95)
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. L
10.12.050--10.12.080 Huntington Beach Municipal Code
10.12.050 Forty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and ' 1
traffic survey of the portions of streets hereinafter set forth, the City Council determines and
declares that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets; that a prima facie speed limit of forty-five(45) miles per hour is the most appropriate
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is
forty-five (45) miles per hour. (1935-11l74, 1947-12/74,2358-5/79,2388-9/79,Urg Ord 2422-3/80,3133-8/92,3187-3/93,
3188-3/93,Urg.3204-7193,3230-4/94,3272-1/95)
10.12.060 Fifty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets; that a prima facie speed limit of fifty (50) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is fifty(50)
miles per hour. (1935-11/74,1947-12(T4,3133-8/92,Urg.3204-7/93,3230-4/94)
10.12.065 Fifty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of streets hereinafter set forth, the City Council determines and
declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the most appropriate,
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is
fifty-five (55) miles per hour. (3133-8/92,3230-4/94)
10.12.070 Speed limits on state highways. The State of California has established that orderly
movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets
and that the prima facie limit of speed on a portion of the following streets shall be and is as listed
in Section 10.12.080. (3133-8/92)
10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up
(North) and to the right (East). (3133-8/92,3230-4/94,3328-6/96)
(REST OF PAGE NOT USED)
6/96
10.12.080 Huntington Beach Munici al Code
STREET BETWEEN SPEED
1st PCH Atlanta 35
Adams 17th Main Street 25
Main Street Lake Street 25
Lake Street Delaware 40
Delaware Beach 40
Beach Newland 45
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Santa Ana River 45
Al on uin Warner Heil 40
Ar&osX Bolsa Chica Graham 40
Atlanta Lake Delaware 35
Delaware Beach 45
Beach Newland 45
Atlanta Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Banning Magnolia Bushard 40
Bushard Brookhurst 40
Beach Pacific Coast Hwy 1320' N/O Ellis 50
(State Route 39) Postmile 0.0 Postmile 3.25
1320'N/O Ellis North City Limit 45
Postmile 3.25
Bolsa Bolsa Chica Graham 50
Graham Springdale 50
Springdale Edwards 50
Edwards Goldenwest 45
Bolsa Chica South City Limit Warner 30
Warner Heil 50
Heil Edinger 50
Edinger McFadden 50
McFadden Bolsa 50
Bolsa Rancho 50
Brookhurst PCH Bushard 45
Bushard Banning 45
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Bushard Brookhurst Banning 45
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
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10.12.080 Huntin ton Beach Munici al Code
STREET BETWEEN SPEED �
Center Gothard Huntington Village Ln 30
Huntington Village Ln One Pacific Plaza 30
One Pacific Plaza I-405 FM 30
Channel Admiral Gilbert 30
Clay Main Delaware 35
Delaware Beach 30
Countess Portofino Edin er 30
Davenport Baruna Edgewater 25
Ed ewater AI on um 35
Delaware Atlanta Indiana olis 35
Indianapolis Adams 35
Adams Yorktown 35
Yorktown Garfield 35
Garfield Main 35
Main Ellis 35
Edinger West City Limit Saybrook 50
Saybrook Bolsa Chica 50
Bolsa Chica Graham 45
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Golden West Gothard 45
Gothard Beach 40
Beach Newland 45
Edwards Garfield Ellis 40
Ellis Varsity 40
Varsity Slater 40
Slater Warner 40
Warner Heil 40
Heil Edinger 40
Edinger McFadden 45
McFadden Bolsa 45
Bolsa North C!tX Limit 45
Ellis Edwards Goldenwest 45
Goldenwest Gothard 40
Gothard Delaware 40
Delaware Beach 35
Beach Newland 40
Florida Garfield Main 25
Garfield Sea point Edwards 45
Edwards Goldenwest 45
Goldenwest Main Street 40
Main Street Beach 40
Beach Newland 45
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Ward 45
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Huntington Beach Munici al Code 10.12.080
STREET BETWEEN SPEED
Goldenwest PCH Palm 45
Palm Yorktown 45
Yorktown Garfield 40
Garfield Ellis 45
Ellis Talbert 40
Talbert Slater 45
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
Gothard Main Street Ellis 40
Ellis Talbert 40
Talbert Slater 35
Slater Warner 35
Warner Heil 45
Heil Edinger 45
Edinger Center 40
Center McFadden 40
Graham South City Limit Slater 40
Slater Warner 40
Warner Heil 35
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
Hamilton Newland Magnolia 40
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst East Cit Limit 45
Heil Saybrook Algonquin 40
Algonquin Bolsa Chica 40
Bolsa Chica Graham 45
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Beach 40
Beach Newland 40
Newland E. Ci Limit 35
Huntington PCH Atlanta 35
Atlanta Yorktown 30
Yorktown Ta for 25
Indianapolis Beach Newland 30
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Lake Orange Indianapolis 35
Indianapolis Adams 35
Adams Yorktown 35
6/96
10.12.080 Huntington Beach Municipal Code
STREET BETWEEN SPEED
Los Patos Warner Bolsa Chica 35
Magnolia PCH Banning 45
Banning Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Warner I-405 San Die o F 45
Main Street PCH Palm 25
Palm Adams 25
Adams Yorktown 35
Yorktown Garfield 40
Garfield Delaware 40
Delaware Ellis/Beach 40
McFadden Bolsa Chica Graham 25
Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard East CiX Limit 40
Newland PCH Hamilton 45
Hamilton Atlanta 45
Atlanta Indianapolis 45
Indianapolis Adams 45
Adams Yorktown 45
Yorktown Garfield 45
Garfield Ellis 45
Ellis Talbert 45
Talbert Slater 45
Slater Warner 45
Warner Heil 45
Heil Edin er 45
Orange Main Fifth 5th 25
5th Ninth 9th 30
9th 17th 30
17th Goldenwest 40
PCH South City Limit Brookhurst 55
(State Route 1) Brookhurst Magnolia 55
Magnolia Newland 55
Newland 900' S/o Beach 55
900' S/o Beach Huntington 45
Huntington 800'N/o Huntington 45
800'N/o Huntington Main 35
Main 160' S/o 12th 35
160' S/o 12th 17th 45
17th 150' S/o 20th 45
150' S/o 20th 20th 50
20th Goldenwest 50
6/96
Huntington Beach Munici al Code 10.12.080
STREET BETWEEN SPEED
PCH Goldenwest 6200'N/o Goldenwest 50
(Continued) 6200'N/o Goldenwest 800' S/o Warner 55
800' S/o Warner North Ci Limits 40
Palm Main 17th 3 5
17th Goldenwest 35
Goldenwest Sea oint 45
Parkside Holt Edin er 30
Rancho Bolsa Chica North/East Citx Limits 40
Saybrook Davenport Heil 25
Heil Edinger 40
17th PCH Orange 35
Orange Palm 35
Palm Main 35
Huntin on Florida 35
Seapoint PCH Palm 40
Palm Garfield 45
Sher Juliette Low Edin er 35
Slater Graham Springdale 45
Springdale Edwards 45
Edwards Goldenwest 45
Goldenwest Gothard 45
Gothard Beach 45
Beach Newland 40
Springdale South City Limit Talbert 45
Talbert Slater 45
Slater Warner 45
Warner Heil 45
Heil Edinger 45
Edinger McFadden 45
McFadden Bolsa 45
Bolsa North Ci Lin-lit 45
Talbert West City Limit Edwards 40
Goldenwest Gothard 40
Gothard Beach 40
Beach Newland 45
Ward Yorktown Garfield 45
Warner PCH Algonquin 50
Algonquin Bolsa Chica 50
Bolsa Chica Graham 50
Graham Springdale 50
Springdale Edwards 50
Edwards Goldenwest 45
Goldenwest Gothard 50
Gothard Nichols 45
Nichols Ash 45
Ash Beach 45
Beach Newland 45
Newland Ma nolia 45
6/96
• \r
10.12.080 Huntington Beach Munici al Code
STREET BETWEEN SPEED
Yorktown Goldenwest Main Street 35
Main Street Lake Street 35
Lake Street Beach 35
Beach Newland 40
Newland Magnolia 45
Magnolia Bushard 45
Bushard Brookhurst 45
Brookhurst Ward 45
6/96
Huntington Beach Municipal Code 5.66.010--5.66.020(b)
Chanter 5.66
MOTOR VEHICLE TOWING SERVICE
(Urg. Ord. 2445-7/80, 2789-9/85, 3269-1/95)
Sections:
5.66.010 Scope of chapter
5.66.020 Towing operation defined
5.66.030 Towing operation--Permit required
5.66.040 Application for towing operation permit--Fee
5.66.050 Denial of towing operation permit
5.66.060 Tow unit operators--Permit required
5.66.070 Tow unit operators--Identification card
5.66.080 Application for tow unit operator permit--Fee
5.66.090 Denial of tow unit operator permit
5.66.100 Insurance required
5.66.110 Business location
5.66.120 Towing authorization
5.66.130 Removal from private property--Notification
5.66.135 Vehicles parked less than one hour
5.66.140 Itemized statement--When required
5.66.150 Vehicle repair or alteration--When permitted
5.66.160 Release of vehicle
5.66.170 Rates and charges--Signs--Change of
5.66.180 Permits--Nontransferable
5.66.190 Change of ownership
5.66.200 Change of ownership--Application fee
5.66.210 Change of ownership--Action on
5.66.220 Permit for each location required
5.66.230 Change of location
5.66.240 Permit renewal
5.66.250 Towing service--Permit denial--Appeal
5.66.260 Permit suspension and revocation
5.66.270 Suspension or revocation--Grounds for
5.66.280 Appeal procedure
5.66.290 Appeal--Hearing
5.66.300 New application after denial or revocation
5.66.310 Violation--Penalty
5.66.010 Scone of chanter. The provisions of this chapter shall apply to all persons and
businesses providing a vehicle tow service whether established before or after the effective date
hereof. Existing towing operations shall have thirty (30) days after the effective date of this
chapter in which to comply with its provisions. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.020 Towing operation defined. As used in this chapter, "towing operation" means the
activity of towing and storing of vehicles, and the performance of other services incident thereto,
for compensation within the city of Huntington Beach, and shall include any official police
impound garage and towing service, designated by resolution of the City Council. The provisions
of this chapter shall not apply to any towing operation:
(a) That provides tow service exclusively to members of an association, automobile club or
similar organization, and receives remuneration only from the sponsoring association,
automobile club or similar organization;
(b) That provides tow service without charge or fee for other vehicles owned or operated by the
y individual or organization furnishing tow service;
1/95
F
5.66.020(c)-5.66.050(a) Huntington Beach Municipal Code
(c) That provides tow service for other vehicles owned or operated by the individual or
organization furnishing the tow service, but which are being operated under terms of a rent or
lease agreement or contract, and such towing is performed on a nonprofit basis or said fee is a
part of the rent or lease agreement or contract;
(d) That, being located in another city, enters the city of Huntington Beach on a nonemergency
towing assignment for the purpose of towing a disabled vehicle back to said city for repair. A
nonemergency towing assignment includes towing of vehicles that have been involved in a
collision, but have been removed from the scene; that have experienced mechanical failure, but
have been removed from the roadway and no longer constitute a hazard; or that, being
mechanically operative, are towed for convenience. All nonemergency towing assignments
require authorization from the registered owner, legal owner, driver, or other person in
control of such vehicle. Persons soliciting for such nonemergency towing assignments within
the city shall be deemed to come within the provisions of this chapter and are required to have
a permit as provided herein. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.030 Towing operation--Permit required. No person shall engage in, manage, conduct or
operate a towing operation without a written permit from the Chief of Police. (urg. Ord. 2445-7/80,
2789-9/85)
5.66.040 Application for towing operation permit--Fee. An application for a towing
operation permit shall be filed with the Chief of Police on forms furnished by him, shall be
accompanied by a fee set by resolution of the City Council, and shall contain the following
information:
(a) The name, date of birth, driver's license number, business and residence addresses of the
applicant, if a natural person; or if a 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;
(b) A description of each tow truck or other vehicle proposed to be used by the applicant,
together with engine number, vehicle identification number, and state vehicle license number
thereon;
(c) The names, dates of birth, addresses and drivers' license numbers of all tow truck operators
employed by the applicant;
(d) The business, occupation, or employment history of the applicant for three(3)years
immediately preceding the date of the application, including if applicable, the business license
and permit history while operating as a tow service;
(e) All criminal convictions or proceedings in which a plea of guilty or nolo contendere was
entered, including vehicle code violations;
(f) Such other identification and information reasonably necessary for the Chief of Police to carry
out the purposes of this chapter. (urg. Ord. 2445-7/80, 2789-9/85)
5.66.050 Denial of towing operation permit. The Chief of Police, or his designee, shall cause
an investigation of the applicant, and the application for a permit may be denied on any of the
following grounds:
(a) The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity;
1/95
Huntington Beach Municipal Code 5.66.050(b)-5.66.090
(b) The applicant has not completed all portions of the application.
(c) The applicant is a person under the age of eighteen (18)years;
(d) The applicant has made a material misrepresentation in the application;
(e) The applicant, his agent or employee, or any person connected or associated with the
applicant as partner, director, officer, stockholder, associate, or manager has committed or
aided or abetted in the commission of any act, or act of omission, which if committed by a
permittee would be grounds for suspension or revocation of a permit;
(f) The towing service, as proposed by the applicant, does not comply with all applicable laws
including, but not limited to, health, zoning, fire and safety requirements and standards.
(Urg. Ord. 2445-7/80, 2789-9/85)
5.66.060 Tow unit operators--Permit required.
(a) No person shall operate or drive a tow unit without a written permit from the Chief of Police.
(b) No person shall be employed as a tow unit operator until such time as said person has
received a written permit from the Chief of Police to act as a tow unit operator.
(Urg. Ord. 2445-7/80, 2789-9/85)
5.66.070 Tow unit operators--Identification card. Every person directly engaged in the
operation of a tow unit shall carry on his person at all times while so engaged, an identification
card, issued by the Police Department, identifying the bearer as a tow unit operator, and shall
display such card to any police officer upon request. The identification card shall bear the name,
physical description, business address, and photograph of the permittee, and the name and address
of the garage employing the permittee.
The identification card shall be returned to the Police Department immediately upon suspension,
revocation or termination of employment. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.080 Application for tow unit operator permit--Fee. An application for a tow unit
operator permit shall be filed with the Chief of Police on forms furnished by him, shall be
accompanied by a fee, set by resolution of the City Council, and shall contain the following
information:
(a) The name, date of birth, driver's license number, residence address, and the name and address
of his employer;
(b) The business, occupation, or employment history of the applicant for three (3) years
immediately preceding the date of the application, including permit history, if any, as a tow
unit operator;
(c) All criminal convictions or proceedings in which a plea of guilty or nolo contendere was
entered, including vehicle code violations;
(d) Such other identification and information reasonably necessary for the Chief of Police to carry
out the purposes of this chapter. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.090 Denial of tow unit operator permit. The Chief of Police, or his designee, shall cause
an investigation of the applicant, and the application for a permit may be denied on any of the
following grounds:
1/95
J
5.66.090(a)--5.66.130(d) Huntington Beach Municipal Code
(a) The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity;
(b) The applicant is a person under the age of eighteen (18)years;
(c) The applicant has made a material misrepresentation in his application;
(d) The applicant has not completed all portions of the application.
(d) The applicant has committed or aided or abetted in the commission of any act, or act of
omission, which if committed by a permittee would be grounds for suspension or revocation
of a permit;
(e) The applicant does not possess a valid California driver's license. (2789-9/85)
5.66.100 Insurance required. Before an application for a permit to operate a towing operation
will be issued or renewed, the applicant must furnish the Chief of Police, or his designee, a
certificate of insurance, written by an insurance company admitted to do business in this state, in
minimum amounts established by resolution of the City Council, and approved as to form by the
City Attorney. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.110 Business location. Any person conducting a towing operation shall maintain a physical
location from which his business is conducted. Such physical location shall provide an office with
an adjacent yard for vehicle storage, approved by the Chief of Police, or his designee, prior to a
permit being issued. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.120 Towing authorization. A permittee shall not attach a vehicle to a tow unit without
first receiving written authorization to do so by the registered owner, legal owner, driver, or other
person in control of said vehicle. Such authorization shall list the services offered and the rates
and charges required therefor. A copy of such authorization shall be furnished to the person
authorizing the tow, and shall list the name, address and telephone number of the towing
operation business and the days and hours the business is open for release of vehicles. Such copy
shall also be signed by the tow unit operator performing the authorized service. (Urg. Ord. 2445-7/80,
2789-9/85)
5.66.130 Removal from private property--Notification. The owner or person in lawful
possession of any private property may, subsequent to notifying by telephone or the most
expeditious means available, the Police Department, cause the removal of a vehicle parked on
such property to the nearest public garage, if there is displayed at all entrances to the property in
plain view a sign, 18 x 24 inches in size, prohibiting public parking and indicating that vehicles
will be removed at the owner's expense, and containing the telephone number of the Police
Department. Such owner, or person in lawful possession of any private property, causing the
removal of a vehicle parked on that property shall be liable for any storage or towing charges if no
sign is posted, as provided by this section and California Vehicle Code section 22658(a). The
Huntington Beach Police Department shall be informed of the following:
(a) The name, address and phone number of the person authorizing removal of the illegally
parked vehicle.
(b) The location of the private property from which the vehicle is to be removed.
(c) The name, address and telephone number of the location where the vehicle is to be stored.
(d) The license number, model, vehicle identification number, and the color of the vehicle to be
removed.
1/95
Huntington Beach Municipal Code 5.66.130(e)--5.66.160
(e) The name and address of the person reporting the private property impound.
It is the responsibility of the permittee to ensure that the Huntington Beach Police Department is
notified by the owner or person in lawful possession of the private property prior to removal of
any illegally parked vehicle, and it shall be unlawful to remove such vehicle until such notification
has been given. The tow truck operator, with authorization of the owner or person in lawful
possession of the private property, shall notify the Police Department on behalf of the owner or
person in lawful possession of such private property. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.135 Vehicles narked less than one hour. Every owner or person in lawful possession of
any private property which is held open to the public, or a discernible portion thereof, for parking
of vehicles at no fee, shall not tow or remove, or cause the towing or removal, of any vehicle
within one hour of the vehicle being parked. (3269-1/95)
5.66.140 Itemized statement--When required. A permittee hereunder shall furnish to the
person authorizing the towing service, or his agent, an itemized statement of services performed,
including labor and special equipment used in towing the vehicle and the charges made therefor
upon the request of:
(a) The registered owner; or
(b) The legal owner; or
(c) The insurance carrier of either(a) or (b); or
(d) The duly authorized agent of any of the foregoing.
The permittee shall furnish a copy of such statement to any person authorized to receive the same
without demanding payment as a condition precedent. (urg. Ord. 2445-7/80, 2789-9/85)
5.66.150 Vehicle repair or alteration--When permitted. No permittee shall make any repairs
or alterations to a vehicle without first being authorized by (a) the registered owner; or (b) the
legal owner; or (c) the insurance agent of either (a) or (b); or (d) the authorized agent of any of
the foregoing. Parts or accessories shall not be removed from any vehicle without authorization
except as necessary for security purposes. Under such circumstances, the parts or accessories
removed shall be listed on the itemized statement and stored in the business office. This section
shall not be construed as prohibiting permittees from making emergency alterations necessary to
permit the removal by towing of such vehicle. (urg. Ord. 2445-7/80, 2789-9/85)
5.66.160 Release of vehicle. A tow operation permittee shall provide for release of vehicles
Monday through Friday from 9 a.m. to 4 p.m., excluding officially recognized holidays.
Permittees may additionally release vehicles on other days and hours.
Upon application to the Chief of Police, or his designee, and a showing of hardship by the
permittee, an adjustment in the days and hours during which vehicles may be released may be
made.
Permittee shall not refuse to relinquish possession or control of a vehicle to its lawful owner, or to
the agent of the lawful owner as evidenced by keys which operate said vehicle and by the
statement and driver's license of said agent, where said vehicle has been seized as a private
property impound and where such vehicle has not yet been removed to a garage as required by
California Vehicle Code section 22851. For the purpose of this section, a vehicle is removed to a
garage when it is physically present in such garage. Conditioning the release of a vehicle not yet
removed to a garage upon payment of a charge or "let-down" fee shall be deemed to be a refusal
to relinquish possession or control. (urg. Ord. 2445-7/80, 2789-9/85)
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F
5.66.170-5.66.210 Huntington Beach Municipal Code
5.66.170 Rates and charges--Signs--Change of.
(a) A tow operation permittee shall post and maintain a list of the rates and charges for all
services offered, placed conspicuously in the office or any location where customer financial
transactions take place. Such list shall have letters a minimum of one(1) inch high with one
quarter inch stroke on a background of contrasting color.
(b) Applicants for towing operation permits shall file with the Police Department a schedule of
rates and charges for each service offered. No charge other than the rates and charges
specified in such schedule shall be made except as herein provided. No fee charged in
connection with removal of a vehicle from private property, pursuant to section 5.66.130,
shall be higher than the fees authorized by resolution of the City Council.
Changes in rates and charges shall be made by written notice, containing the new schedule, to the
Police Department at least ten (10) days prior to becoming effective. A duplicate copy of such
notice shall be posted next to the schedule of existing rates and charges for a period of ten (10)
days in the office of the towing operation business. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.180 Permits--Nontransferable. Permits shall not be transferable except as hereinafter
provided. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.190 Change of ownership. When a towing operation for which a permit has been issued is
sold or transferred to one of the transferees listed in this section, the Chief of Police, or his
designee, may endorse a change of ownership on such permit upon written application by the
transferee. Only the following transferees or successors shall be entitled to such transfer of
permit:
(a) Duly qualified representatives of permittees regularly appointed by courts of competent
jurisdiction, assignees for the benefit of creditors, and spouses or children of deceased
permittees.
(b) The surviving partner or partners of a dissolved partnership.
(c) A new partnership consisting of the members of a predecessor partnership, plus their spouse
or spouses of any such members.
(d) A new corporation, organized and controlled by an individual or unincorporated permittee for
the purpose of acquiring, or which has acquired the assets of the business previously owned
and operated by such permittee.
(e) Upon dissolution of a closely held corporation, the stockholders to whom the assets are
distributed. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.200 Change of ownership--Application fee. A transferee or successor entitled to a
transfer of permit must file an application for such transfer with the Chief of Police within thirty
(30) days after he assumes control of the towing operation. The Chief of Police may require such
evidence of the transfer of ownership or control as he deems necessary. A fee equal to 20 percent
of the original fee for the permit shall accompany the application. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.210 Change of ownership--Action on. The Chief of Police shall transfer the permit to an
applicant entitled to such transfer if he finds that the transfer will not adversely affect the peace,
health, safety, convenience and general welfare of the public, and the transferee possesses the
qualifications required of original applicants. (Urg. Ord. 2445-7/80, 2789-9/85) r
1/95
Huntington Beach Municipal Code 5.66.220-5.66.270(g)
5.66.220 Permit for each location required. No tow operation permittee shall conduct a
towing operation at a location other than the location specified in the permit. (Urg. Ord. 2445-7/80,
2789-9/85)
5.66.230 Change of location. Where no conflict exists with the city's zoning regulations or
other provisions of this code, a change of location may be endorsed on a permit by the Chief of
Police, or his designee, upon written application by a permittee, accompanied by a change of
location fee in a sum set by resolution of the City Council. (Urg. Ord. 2445-7/80, 2789-9/85)
5.66.240 Permit renewal. Permits for towing operations and tow unit operators may be
renewed on a year-to-year basis provided that the permittees continue to meet the requirements
contained in this chapter. The renewal fee for a towing operation and for a tow unit operator
shall be set by resolution of the City Council. (2789-9/85)
5.66.250 Towing service--Permit denial--Appeal. If the Chief of Police, following
investigation of the applicant, finds that the applicant does not meet the requirements set forth in
this chapter, he shall deny the application and notify the applicant by certified mail of such denial.
Any applicant who is denied a permit by the Chief of Police may appeal such denial to the City
Administrator, pursuant to the provisions of this chapter. (2789-9/85)
5.66.260 Permit suspension and revocation. The Chief of Police, or his designee, may, based
on evidence that any provision of this chapter has been violated, suspend or revoke a permit. The
permittee shall be provided with written notice by first class mail, postage prepaid, of such
suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen (15)
days of the date of mailing of the notice of denial, suspension or revocation. In the event an
appeal is timely filed, the suspension or revocation shall not take effect until final decision has
been rendered by the City Administrator, or his designee, unless permittee has requested a
continuance, as provided elsewhere in this chapter. If no appeal is filed, the suspension or
revocation shall become effective upon expiration of the period for filing appeals.
(Urg. Ord. 2445-7/80, 2789-9/85)
5.66.270 Suspension or revocation--Grounds for. It shall be grounds for suspension or
revocation of a permit, issued under the provisions of this chapter, if any permittee, his agent or
employee or any person connected or associated with the permittee as partner, director, officer,
stockholder, general manager, or person who is exercising managerial authority of or on behalf of
the permittee has:
(a) Knowingly made any false, misleading or fraudulent statement of a material fact in an
application for a permit, or in any report or record required to be filed with the Police
Department; or
(b) Violated any provision of this chapter or of any statute relating to his permitted activity; or
(c) Been convicted of a felony or any crime involving theft or embezzlement; or
(d) Committed any act constituting dishonesty or fraud; or
(e) Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a
towing operation business; or
(f) Published, uttered or disseminated any false, deceptive or misleading statements or
advertisements in connection with the operation of the towing service; or
(g) Violated any rule or regulation adopted by the City Council relating to permittee's business or
activity; or
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5.66.270(h)--5.66.280(d) Huntington Beach Municipal Code
(h) Wilfully failed to comply with the terms of any contract made as a part of the exercise of the
towing operation; or
(i) Conducted the towing operation in a manner contrary to the peace, health, safety and general '
welfare of the public; or
(j) Operated a tow unit without a valid California driver's license, or when such license has been
suspended or revoked; or
(k) The permittee, his agents or employees, obtained a tow contract by use of fraud, trick,
dishonesty or forgery; or
(1) The permittee, his agents or employees, stopped and solicited on any street, highway or other
public thoroughfare the rendering of assistance to a person or disabled vehicle without first
being requested to do so except to render emergency aid when there exists an imminent peril
to life or property; or
(m)The permittee, his agents or employees, towed a vehicle to a location other than listed as the
business address of such permittee without first receiving authorization to do so by the person
authorizing the tow; or
(n) The permittee, his agents or employees, after towing a vehicle to the business location of
permittee without authorization, towed such vehicle to another location for storage; or
(o) The permittee, his agents or employees, have conspired with any person to defraud any owner
of a vehicle, or any insurance company, or any other person financially interested in the
charges for towing or storage of a vehicle, by making false or deceptive statements relating to
such towing or storage; or
(p) The permittee, his agents or employees, removed a vehicle involved in a collision prior to
arrival of police, and a person, as a result of such collision, suffered death or injury; or the
driver of an involved vehicle, or a party to such collision, was under the influence of a drug or
intoxicant of any nature; or there is evidence that such vehicle was involved in a hit-and-run
collision; or
(q) The permittee, his agents or employees, has charged for services not performed, equipment
not employed or used, services or equipment not needed, or has otherwise materially
misstated the nature of any service performed or equipment used. (urg. Ord. 2445-7/80, 2789-9/85)
5.66.280 Appeal procedure.
(a) The City Administrator, or his designee, shall schedule a hearing to be held within fifteen(15)
days after the filing of the notice of appeal.
(b) Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten
(10) days prior thereto to the permittee at the address given in the notice of appeal, or if none
is provided, to the address set forth in the permit application.
(c) The City Administrator, or his designee, in his sole discretion, may grant or deny
continuances; may dissolve stays of pending orders of denial, suspension or revocation; and
may appoint outside Hearing Officers.
(d) The City Administrator, or his designee, shall determine, after consideration of all evidence
presented, whether a permit should be issued, reinstated, suspended or revoked. The decision
of the City Administrator, or his designee, shall be final.
1/95
Huntington Beach Municipal Code 5.66.280(e)-5.66.310
(e)The City Administrator shall establish written administrative regulations implementing the
provisions of this section. (2789-9/85)
5.66.290 Appeal--Hearing. The following rules of evidence shall apply:
(a) Oral evidence shall be taken only under oath or affirmation. The Hearing Officer shall have
authority to administer oaths, and to receive and rule on admissibility of evidence.
(b) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to
cross-examine opposing witnesses who have testified under direct examination. The Hearing
Officer may call and examine any witness.
(c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for
herein. Any relevant evidence may be admitted if it is material and is evidence customarily
relied upon by responsible persons in the conduct of their affairs regardless of the existence of
any common law or statutory rule which might make admission of such evidence improper
over objection in civil actions. Hearsay testimony may be used for the purpose of
supplementing or explaining any evidence given in direct examination, but shall not be
sufficient in itself to support a finding unless such testimony would be admissible over
objection in civil actions. The rules of privilege shall be applicable to the extent that they
now, or are hereafter permitted in civil actions; and irrelevant, collateral, undue, and
repetitious testimony shall be excluded. (2789-9/85)
5.66.300 New application after denial or revocation. When the permit of any person is
revoked or denied for cause, no new or other application for a permit from the same person shall
be accepted within one (1) year after such revocation or denial unless the applicant can show a
material change in his situation which would justify the issuance of such permit.
(Urg. Ord. 2445-7/80, 2789-9/85)
5.66.310 Violation--Penalty. Any person violating any provision of this chapter shall be guilty
of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of not more than
five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six (6)
months, or by both such fine and imprisonment, and each such person shall be guilty of a separate
offense for each and every day or portion thereof during which any violation of any of the
provisions of this chapter is committed, continued, or permitted. (Urg. Ord. 2445-7/80, 2789-9/85)
1/95
1
i
' Huntington Beach Municipal Code 10.12.010--10.12.040
Chapter 10.12
SPEED LIMITS
(1935-1174, 1947-12/74, 1997-9/75, 2066-7/76, 2316-10/78,2325-11/78, 2358-5/79, 2388-9/79, 2421-5/80, Urg Ord
2422-3/80,2432-6/80, 2527-2/82, 2624-7/83, 2654-11/83, 2670-11/83, 2715-9/84, 2878-12/86, 2883-12/86,
3133-8/92, 3187-3/93, 3188-3/93, Urg. 3204-7/93, 3230-4/94, 3272-1/95)
Sections:
10.12.010 Twenty-five m.p.h. prima facie speed limit
10.12.020 Thirty m.p.h. prima facie speed limit
10.12.030 Thirty-five m.p.h. prima facie speed limit
10.12.040 Forty m.p.h. prima facie speed limit
10.12.050 Forty-five m.p.h. prima facie speed limit
10.12.060 Fifty m.p.h. prima facie speed limit
10.12.065 Fifty-five m.p.h. prima facie speed limit
10.12.070 Speed limits on state highways
10.12.080 Speed limits enumerated
10.12.010 Twenty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of the streets hereinafter set forth, the City Council determines and
declares that the prima facie speed limit of twenty-five (25) miles per hour would facilitate the
orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that
the prima facie limit of speed on a portion of the following streets as listed in Section 10.12.080
shall be and is twenty-five (25) miles per hour. (1935-11/74, 1947-12/74, 2066-7/76, 2421-5/80,
2883-12/86, 3133-8/92, 3272-1/95)
10.12.020 Thirty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets; that a prima facie speed limit of thirty(30) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is thirty(30)
miles per hour (1935-11/74, 1947-12/74, 1997-9/75, 2066-7/76, 2388-9/79, 2432-6/80, 2527-2/82, 3133-8/92,
3230-4/94, 3272-1/95)
10.12.030 Thirty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of the streets hereinafter set forth, the City Council determines and
declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets; that a prima facie speed limit of thirty-five (35) miles per hour is the most appropriate
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is thirty-
five (35) miles per hour. (1935-11/74, 1947-12/74, 2358-5/79, Urg Ord 2422-3/80, 2527-2/82, 2654-11/83,
2670-11/83, 2715-9/84, 2878-12/86, 3133-8/92, 3230-4/94, 3272-1/95)
10.12.040 Forty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets; that a prima facie speed limit of forty(40) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is forty (40)
miles per hour. (1935-11/74, 1947-12/74, 1997-9/75, 2066-7/76, 2316-10/78, 2358-5/79, 2421-5/80, 2432-6/80,
2527-2/82, 2624-7/83, 2715-9/84, 2878-12/86, 2883-12/86, 3133-8/92, 3230-4/94, 3272-1/95)
1/95
P
10.12.050-10.12.080 Huntington Beach Municipal Code
10.12.050 Forty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of streets hereinafter set forth, the City Council determines and
declares that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets; that a prima facie speed limit of forty-five (45) miles per hour is the most appropriate
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is forty-
five (45) miles per hour. (1935-11/74, 1947-12/74, 2358-5/79, 2388-9/79, Urg Ord 2422-3/80, 3133-8/92,
3187-3/93, 3188-3/93, Urg. 3204-7/93, 3230-4/94, 3272-1/95)
10.12.060 Fifty m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic
survey of the portions of the streets hereinafter set forth, the City Council determines and declares
that a speed greater that the prima facie speed limit of twenty-five (25) miles per hour would
facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said
streets; that a prima facie speed limit of fifty (50) miles per hour is the most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit
of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is fifty(50)
miles per hour. (1935-11/74, 1947-12/74, 3133-8/92, Urg. 3204-7/93, 3230-4/94)
10.12.065 Fifty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and
traffic survey of the portions of streets hereinafter set forth, the City Council determines and
declares that a speed greater than the prima facie speed limit of twenty-five (25) miles per hour
would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
said streets; that a prima facie speed limit of fifty-five (55) miles per hour is the most appropriate
to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie
limit of speed on a portion of the said streets as listed in Section 10.12.080 shall be and is fifty-
five (55) miles per hour. (3133-8/92, 3230-4/94)
10.12.070 Speed limits on state highways. The State of California has established that orderly
movement of vehicular traffic requires that a reasonable and safe limit be placed upon said streets
and that the prima facie limit of speed on a portion of the following streets shall be and is as listed
in Section 10.12.080. (3133-8/92)
10.12.080 Speed limits enumerated. Streets are listed alphabetically and categorized up
(North) and to the right (East). (3133-8/92, 3230-4/94)
STREET BETWEEN SPEED SECTION
Adams 17th Main Street 25 10.12.010
Main Street Lake Street 25 10.12.010
Lake Street Delaware 40 10.12.040
Delaware Beach 40 10.12.040
Beach Newland 45 10.12.050
Newland Magnolia 45 10.12.050
Magnolia Bushard 45 10.12.050
Bushard Brookhurst 45 10.12.050
Brookhurst Santa Ana River 45 10.12.050
-----------------
Algonquin Warner Heil 40 10.12.040
Argosy Bolsa Chica Graham 40 10.12.040
Atlanta Lake Delaware 35 10.12.030
Delaware Beach 45 10.12.050 r�
Beach Newland 45 10.12.050
Newland Magnolia 45 10.12.050
Magnolia Bushard 45 10.12.050
Bushard Brookhurst 45 10.12.050
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i
Huntington Beach Municipal Code 10.12.080
STREET BETWEEN SPEED SECTION
Banning Magnolia Bushard 40 10.12.040
Bushard Brookhurst 40 10.12.040
Beach Pacific Coast Hwy Atlanta 50 10.12.070
(State Atlanta Indianapolis 50 10.12.070
Route 39) Indianapolis Adams 50 10.12.070
Adams Utica 50 10.12.070
Utica Yorktown 50 10.12.070
Yorktown Garfield 50 10.12.070
Garfield Ellis 50 10.12.070
Ellis Talbert 45 10.12.070
Talbert Slater 45 10.12.070
Slater Warner 45 10.12.070
Warner Heil 45 10.12.070
Heil Edinger 45 10.12.070
Edinger North City Limit 45 10.12.070
4•
Bolsa Bolsa Chica Graham 50 10.12.060
Graham Springdale 50 10.12.060
Springdale Edwards 50 10.12.050
Edwards Goldenwest 45 10.12.050
r
Bolsa South City Limit Warner 30 10.12.020
Chica Warner Heil 50 10.12.060
Heil Edinger 50 10.12.060
Edinger McFadden 50 10.12.065
McFadden Bolsa 50 10.12.060
Bolsa Rancho 50 10.12.060
Brookhurst PCH Bushard 45 10.12.050
Bushard Banning 45 10.12.050
Banning Hamilton 45 10.12.050
Hamilton Atlanta 45 10.12.050
Atlanta Indianapolis 45 10.12.050
Indianapolis Adams 45 10.12.050
Adams Yorktown 45 10.12.050
Yorktown Garfield 45 10.12.050
Bushard Brookhurst Banning 45 10.12.050
Banning Hamilton 45 10.12.050
Hamilton Atlanta 45 10.12.050
Atlanta Indianapolis 45 10.12.050
Indianapolis Adams 45 10.12.050
Adams Yorktown 45 10.12.050
Yorktown Garfield 45 10.12.050
Center Gothard Huntington Village Ln 30 10.12.020
Huntington Village Ln One Pacific Plaza 30 10.12.020
One Pacific Plaza I405 Fwy 30 10.12.020
Channel Admiralty Gilbert 30 10.12.020
Clay Main Delaware 35 10.12.030
Delaware Beach 30 10.12.020
Countess Portofino Edinger 30 10.12.020
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r
10.12.080 Huntington Beach Municipal Code
STREET BETWEEN SPEED SECTION
Davenport Baruna Edgewater 25 10.12.010 r
Edgewater Algonquin 35 10.12.030
MEMMMEMEM
Delaware Atlanta Indianapolis 35 10.12.030
Indianapolis Adams 35 10.12.030
Adams Yorktown 35 10.12.030
Yorktown Garfield 35 10.12.030
Garfield Main 35 10.12.030
Main Ellis 35 10.12.030
Edinger West City Limit Saybrook 50 10.12.060
Saybrook Bolsa Chica 50 10.12.060
Bolsa Chica Graham 45 10.12,050
Graham Springdale 45 10.12.050
Springdale Edwards 45 10.12.050
Edwards Goldenwest 45 10.12.050
Golden West Gothard 40 10.12.040
Gothard Huntington Ctr Signal 40 10.12.040
Huntington Ctr Signal Sher 40 10.12.040
Sher Beach 40 10.12.040
Beach Newland 45 10.12.050
Edwards Garfield Ellis 40 10.12.040
Ellis Varsity 40 10.12.040
Varsity Slater 40 10.12.040
Slater Warner 40 10.12.040
Warner Heil 40 10.12.040 i
Heil Edinger 40 10.12.040
Edinger McFadden 45 10.12.050
McFadden Bolsa 45 10.12.050
Bolsa North City Limit 45 10.12.050
Ellis Edwards Goldenwest 45 10.12.050
Goldenwest Gothard 40 10.12.040
Gothard Delaware 40 10.12.040
Delaware Beach 35 10.12.030
Beach Newland 40 10.12.040
Florida Garfield Main 25 10.12.010
Garfield Edwards Goldenwest 45 10.12.050
Goldenwest Main Street 40 10.12.040
Main Street Beach 40 10.12.040
Beach Newland 45 10.12.050
Newland Magnolia 45 10.12.050
Magnolia Bushard 45 10.12.050
Bushard Brookhurst 45 10.12.050
Brookhurst Ward 45 10.12.050
Goldenwest PCH Palm 45 10.12.050
Palm Yorktown 45 10.12.050
Yorktown Clay 40 10.12.040
Clay Garfield 40 10.12.040
Garfield Ellis 40 10.12.040
Ellis Talbert 40 10.12.040
Talbert Slater 45 10.12.050
1/95
Huntington Beach Municipal Code 10.12.080
STREET BETWEEN SPEED SECTION
Goldenwest Slater Warner 45 10.12.050
(cont.) Warner Heil 45 10.12.050
Heil Edinger 45 10.12.050
Edinger McFadden 45 10.12.050
McFadden Bolsa 45 10.12.050
v ':?-. i•.h•:vC:"'v-..... }. :•..i:vl" •.� 4'^. :... i.: nv 1?:K vOR .%{:?
Gothard Main Street Ellis 35 10.12.030
Ellis Talbert 35 10.12.030
Talbert Slater 35 10.12.030
Slater Warner 35 10.12.030
Warner Heil 45 10.12.050
Heil Edinger 45 10.12.050
Edinger Center 40 10.12.040
Center McFadden 40 10.12.040
Graham South City Limit Slater 40 10.12.040
Slater Warner 30 10.12.020
Warner Heil 35 10.12.030
Heil Edinger 45 10.12.050
Edinger McFadden 45 10.12.050
McFadden Bolsa 45 10.12.050
Hamilton Newland Magnolia 40 10.12.040
Magnolia Bushard 45 10.12.050
Bushard Brookhurst 45 10.12.050
Brookhurst East City Limit 45 10.12.050
Heil Saybrook Algonquin 40 10.12.040
Algonquin Bolsa Chica 40 10.12.040
Bolsa Chica Graham 45 10.12.050
Graham Springdale 45 10.12.050
Springdale Edwards 45 10.12.050
Edwards Goldenwest 45 10.12.050
Goldenwest Gothard 45 10.12.050
Gothard Beach 40 10.12.040
Beach Newland 40 10.12.040
Huntington PCH Atlanta 35 10.12.030
Atlanta Yorktown 30 10.12.020
Yorktown Taylor 25 10.12.010
Indianapolis Beach Newland 30 10.12.020
Newland Magnolia 45 10.12.050
Magnolia Bushard 45 10.12.050
Bushard Brookhurst 45 10.12.050
Lake Orange Frankfort/Sixth(6th) 35 10.12.030
Frankfort/6th Memphis 35 10.12.030
Memphis Adams 35 10.12.030
Adana Yorktown 35 10.12.030
Los Patos Warner Bolsa Chica 35 10.12.030
Magnolia PCH Banning 45 10.12.050
Banning Hamilton 45 10.12.050
Hamilton Atlanta 45 10.12.050
Atlanta Indianapolis 45 10.12.050
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' ' e
10.12.080 Huntington Beach Municipal Code
STREET BETWEEN SPEED SECTION
Magnolia Indianapolis Adams 45 10.12.050
(cont.) Adams Yorktown 45 10.12.050
Yorktown Garfield 45 10.12.050
Warner I-405(San Diego Fwy) 45 10.12.050
Main PCH Adams 25 10.12.010
Street Adams 17th 35 10.12.030
17th Yorktown 35 10.12.030
Yorktown Garfield 40 10.12.040
Garfield Delaware 40 10.12.040
Delaware Ellis/Beach 40 10.12.040
McFadden Bolsa Chica Andaman 25 10.12.010
Andaman Chemical 25 10.12.010
Chemical Graham 25 10.12.010
Graham Springdale 45 10.12.050
Springdale Edwards 45 10.12.050
Edwards Goldenwest 45 10.12.050
Goldenwest Gothard 45 10.12.050
Gothard East City Limit 40 10.12.040
Newland PCH Hamilton 45 10.12.050
Hamilton Atlanta 45 10.12.050
Atlanta Indianapolis 45 10.12.050
Indianapolis Adams 45 10.12.050
Adams Yorktown 45 10.12.050
Yorktown Garfield 45 10.12.050
Garfield Ellis 45 10.12.050
Ellis Talbert 45 10.12.050
Talbert Slater 45 10.12.050
Slater Warner 45 10.12.050
Warner Heil 45 10.12.050
Heil Edinger 45 10.12.050
Orange Main Fifth(5th) 25 10.12.010
5th Ninth(9th) 30 10.12.020
9th 17th 30 10.12.020
17th Goldenwest 40 10.12.040
PCH South City Limit Brookhurst 55 10.12.070
(State Brookhurst Magnolia 55 10.12.070
Route 1) Magnolia Newland 55 10.12.070
Newland 900'S/o Beach 55 10.12.070
900'S/o Beach Huntington 45 10.12.070
Huntington 800'N/o Huntington 45 10.12.070
800'N/o Huntington Main 35 10.12.070
Main 160'S/o 12th 35 10.12.070
160'S/o 12th 17th 45 10.12.070
17th 150'S/o 20th 45 10.12.070
150'S/o 20th 20th 50 10.12.070
20th Goldenwest 50 10.12.070
Goldenwest 6200'N/o Goldenwest 50 10.12.070
6200'N/o Goldenwest 800'S/o Warner 55 10.12.070
800'S/o Warner North City Limits 40 10.12.070
1/95
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- 10.12.080 Huntington Beach Municipal Code
mrmscr BETWEEN opnso sscTnON
Huntington Beach Municipal Code 10.12.080
STREET BETWEEN SPEED SECTION
Yorktown Goldenwest Main Street 35 10.12.030
Main Street Lake Street 35 10.12.030
Lake Street Delaware 35 10.12.030
Delaware Beach 35 10.12.030
Beach Vasile 35 10.12.030
Vasile Newland 40 10.12.040
Newland Magnolia 45 10.12.050
Magnolia Bushard 45 10.12.050
Bushard Brookhurst 45 10.12.050
Brookhurst Ward 45 10.12.050
ram.
1/95
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
(Effective 5/22/96)
Please Remove from Code Please Add to Code
Chapter 2.100 Chapter 2.100
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates? 1
Call Laura Nelson, Deputy City Clerk, Records Division
714 374-1559 C
960522.doc
a
Huntington Beach Municipal Code 2.100.010-2.100.070
Chanter 2.100
OPERATING POLICY FOR BOARDS AND COMMISSIONS
(2896.6/87,3124-12191,3250-10/94,325&11/94,33235/96,3327-5/96)
Sections`
2.100.010 Establishment
2.100.020 Definitions
2.100.030 Budget
2.100.040 Staff
2.100.050 Staff liaison and residency
2.100.060 Service limitation
2.100.070 Employment limitation
2.100.080 Duration of terms
2.100.085 Attendance
2.100.090 Open meetings
2.100.100 Rules
2.100.110 Applicability
2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance.
Committees may be established by resolution. The enabling document may establish the duration,
manner of appointment, term of office, and powers and duties. (2896-6/87,3124-12191)
2.100.020 Definitions.
(a) Board-a body of members appointed pursuant to Huntington Beach Charter §405 to serve in a
continuing advisory capacity to the City Council, except for such Boards which have decision
making authority pursuant to the particular establishing ordinance creating such Board; (3250-10/94)
(b) Commission- a body of members appointed pursuant to Huntington Beach Charter §405 which
may have decision making authority in those activities delegated to them by the City Council;
(c) Committee- a body of members appointed pursuant to Huntington Beach Charter § 405 on an ad
hoc basis to advise the City Council on particular matters. (28965/87)
2.100.030 Budget. When deemed necessary,the City Council may cause to be set aside in the budget
for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896-6/87)
2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (2896-6/87)
2.100.050 Staff liaison and residency. Unless otherwise specified, each board or commission is to
be assigned one staff liaison specified by the City Council. All members of boards and commission
shall be residents and electors of the City of Huntington Beach. (28965/87)
2.100.060 Service limitation. No person shall serve on more than one board or commission at any
one time. No person shall serve more than two (2)consecutive terms on any one(1)board or
commission, and no person who has been a member for more than two(2)years of a term to which
some other person was appointed a member shall be appointed to the same board or commission for
more that one(1)further consecutive term. (2896-6/87,3255-11/94,33235/96,3327-5196)
2.100.070 Employment limitation. No person serving on any board or commission shall hold any
full or part-time paid office or employment in the Huntington Beach personnel system while so serving,
unless otherwise specified. (2896-6/87)
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2.100.080-2.100.110 Huntington Beach Municipal Code
2.100.080 Duration of terms. Members shall serve until their respective successors are appointed
and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified, r
terms of members of boards and commissions shall be four(4)years, staggered so that the majority of
terms shall end in odd-numbered years following the election of four(4)council members and
remainder of the terms shall end in odd-numbered years following the election of three(3)council
members. (289"/87)
2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall
automatically vacate the office upon a fifth(5th)unexcused absence during a calendar year or upon
more than three(3)consecutive absences at any time during the term of office. The appointing
authority shall appoint a successor to fill the vacancy. (3124-12i91)
2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless
subject to the closed session exceptions contained in the Ralph M. Brown Act(Government Code
§ 54950). (289M/87)
2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary
or convenient for the conduct of its business, subject to approval of the City Council. (289&6/87)
2.100.110 Applicability. This chapter shall apply to all boards and commissions,unless an ordinance
enacted after the date of this section establishes different requirements. (3124-12191,3323S196)
5196
Huntington Beach Municipal Code 2.100.010-2.100.070
Chapter 2.100
OPERATING POLICY FOR BOARDS AND COMMISSIONS
(2896-6/87, 3124-12/91, 3250-10/94, 3256-11/94)
Sections:
2.100.010 Establishment
2.100.020 Definitions
2.100.030 Budget
2.100.040 Staff
2.100.050 Staff liaison and residency
2.100.060 Service limitation
2.100.070 Employment limitation
2.100.080 Duration of terms
2.100.085 Attendance
2.100.090 Open meetings
2.100.100 Rules
2.100.110 Applicability
2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance.
Committees may be established by resolution. The enabling document may establish the duration,
manner of appointment, term of office, and powers and duties. (2896-6/87, 3124-12/91)
2.100.020 Definitions.
(a) Board- a body of members appointed pursuant to Huntington Beach Charter section 405 to serve
in a continuing advisory capacity to the City Council, except for such Boards which have decision
making authority pursuant to the particular establishing ordinance creating such Board; (3250-10/94)
(b) Commission- a body of members appointed pursuant to Huntington Beach Charter section 405
which may have decision making authority in those activities delegated to them by the City
Council;
(c) Committee-a body of members appointed pursuant to Huntington Beach Charter section 405 on
an ad hoc basis to advise the City Council on particular matters. (2896-6/87)
2.100.030 Budget. When deemed necessary, the City Council may cause to be set aside in the budget
for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896-
6/87)
2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (2896-6/87)
2.100.050 Staff liaison and residency. Unless otherwise specified, each board or commission is to
be assigned one staff liaison specified by the City Council. All members of boards and commission
shall be residents and electors of the City of Huntington Beach. (2896-6/87)
2.100.060 Service limitation. No person shall serve on more than one board or commission at any
one time. No person shall serve more than two (2)consecutive terms on any one(1)board or
commission. In the event a person is appointed to fill an unexpired term and more than two (2)years
remains of the term, the appointment to it shall be considered a full term for purposes of the two(2)
term limitation. (2896-6/87,3255-11/94)
2.100.070 Employment limitation. No person serving on any board or commission shall hold any
full or part-time paid office or employment in the Huntington Beach personnel system while so serving,
unless otherwise specified. (2896-6/87)
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2.100.080-2.100.110 Huntington Beach Municipal Code
2.100.080 Duration of terms. Members shall serve until their respective successors are appointed
and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified,
terms of members of boards and commissions shall be four(4)years, staggered so that the majority of
terms shall end in odd-numbered years following the election of four(4)council members and
remainder of the terms shall end in odd-numbered years following the election of three(3)council
members. (2896-6/87)
2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall
automatically vacate the office upon a fifth(5th)unexcused absence during a calendar year or upon
more than three(3)consecutive absences at any time during the term of office. The appointing
authority shall appoint a successor to fill the vacancy. (3124-12/91)
2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless
subject to the closed session exceptions contained in the Ralph M. Brown Act(Government Code
section 54950). (2896-6/87)
2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary
or convenient for the conduct of its business, subject to approval of the City Council. (2896-6/87)
2.100.110 Applicability. This chapter shall apply to all boards and commissions,unless an ordinance
enacted after the date of this section establishes different requirements;provided, however,the service
limitation set forth in section 2.100.060 shall not apply to the Personnel Commission. (3124-12/91)
I
11/94 ��
HUNTINGTON BEACH
MUNICIPAL CODE UPDA TES
(Effective 3/27/96)
Please Remove from Code Please Add to Code
Chapter 3.02 Chapter 3.02
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
960327.doc
Huntington Beach Municipal Code 3.02.010--3.02.050
Chapter 3.02
PURCHASING DIVISION
(2259-2/78,2433-7/80,246412/80,3144-9/92,3316-1/96,3322-3/96)
Sections:
3.02.010 Established
3.02.020 Officer--Duties
3.02.030 Officer--Exemptions from centralized purchasing
3.02.040 Procedures
3,02.050 Purchase of supplies, equipment and services
3.02.060 Equipment leases
3.02.070 Formal bidding procedure
3.02.080 Bidder's security
3.02.090 Bid opening procedure
3.02.100 Bid rejection
3.02.110 Award of bid
3.02.120 Repealed, Ord. 2259-2/78
3.02.130 Performance bonds
3.02.140 Informal bidding procedure
3.02.150 Bids--Minimum number
3.02.160 Bids--Record retention
3.02.170 Inspection and testing of equipment and services
3.02.190 Surplus supplies and equipment
3.02.190 Exempt and emergency procurements
3.02.200 Disqualification of vendors
3.02.010 Established. The Purchasing Division of the Administrative Services Department is
established for the purpose of providing for centralized purchasing of all supplies, services and
equipment for the various agencies of the City. (2259-Z78,2464-12/80)
3.02.020 Officer--Duties. The Chief of Administrative Services shall direct the activities of the
Purchasing Division. The Purchasing Officer shall be responsible to the Chief of Administrative
Services. The Purchasing Officer shall enjoy all fringe benefits enjoyed by department heads.
(2259-2/78,2464-12/80)
3.02.030 Officer--Exemption from centralized purchasing. The Chief of Administrative
Services may authorize in writing any agency to purchase or contract for specified supplies,
services and equipment independently of the Purchasing Division; but he shall require that such
purchases or contracts be made in conformity with the procedures established by this chapter, and
shall further require periodic reports from the agency on the purchases and contracts made under
such written authorization. (2259-2R8,2464-12/80)
3.02.040 Procedures. Purchase of supplies, services, equipment and the sale of surplus personal
property shall be by procedures provided for in this chapter. (2259-en8)
3.02.050 Purchase of supplies, equipment and services. The Chief of Administrative Services
may enter into contracts and issue purchase order for the purchase of supplies, services and
equipment in the following circumstances: (2259-2/78,2464-12/80,3322-1/96)
(a) Budgeted Purchases. There exists an unencumbered appropriation in the fund account against
which the purchase is to be charged; or (3322-1/96)
(b) Petty cash. The purchase, reimbursement or allowance does not exceed five hundred dollars
($500.00), in which case the purchase may be directed to the finance division for payment or
reimbursement by petty cash. (3322-1/96)
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3.02.060-3.02.110 Huntington Beach Municipal Code
3.02.060 Equipment leases. Upon approval of the City Attorney, the Chief of Administrative
Services may enter into contracts to lease equipment in the following circumstances: (2259-2/78,
2464-12/80,3322-3/96)
(a) Budgeted leases. There exists an unencumbered appropriation in the fund account for the
amount of the lease payments for the current fiscal year. (3322-3/96)
(b) The annual budget for the fiscal year in which the lease is or was entered into provides that:
(3322-3/96)
(i) The equipment may be leased; (3322-3/96)
(ii) The useful life of the equipment; (3322-3/96)
(iii)The lease term; (3322-3/96)
(iv)The annual lease payment; and (3322-3/96)
(v) The interest rate." (3322-3/96)
3.02.070 Formal bidding procedure. Except as otherwise provided in this chapter, purchase of
supplies, services, or equipment of estimated value greater than fifteen thousand dollars ($15,000)
shall be by competitive written bid, and shall be awarded pursuant to the procedures prescribed in
this chapter. The Chief of Administrative Services shall solicit bids in writing from prospective
vendors and may employ such other means as are calculated to ensure the maximum participation
by qualified vendors 1n the bid competition. (2259-2/78,2464-12/80,3316-1/96)
3.02.080 Bidder's security. In procurements where competitive bidding is utilized, the Chief of
Administrative Services may prescribe in his notice that each such bid be accompanied by a cash
deposit not to exceed 25 percent of the amount of bid. Unsuccessful bidders shall be entitled to
return of his security upon awards to another. A successful bidder shall forfeit his bid security
upon his refusal or failure to execute the contract within ten (10) days after the notice of award of
contract has been mailed, unless the City is responsible for the delay. The Chief of Administrative
Services may, upon default by refusal or failure of the successful bidder to execute the contract,
award the contract to the next lowest responsible bidder. In such case, the amount of the original
lowest bidder's security may be applied to the difference between the low bid and the second
lowest bid, and the remainder, if any, shall be returned to the defaulting original lowest bidder.
(2259-2/78,2464-12/80)
3.02.090 Bid opening procedure. Bids shall be submitted to the Chief of Administrative
Services in a sealed envelope and shall be identified as such on the outside cover. Envelopes
designated as bids shall be opened in public at the time and place stated in the request for
quotation. A tabulation of all bids tendered shall be open for public inspection during regular
business hours for a period or not less than thirty(30) calendar days after the award. (2259-2/78,
2464-12/80)
3.02.100 Bid rejection. For good cause appearing, the Chief of Administrative Services may
reject any or all bids tendered. He may waive the informality of any bid presented to him. (2259-
Z78,2464-12/80)
3.02.110 Award of bid. The award shall be to the lowest acceptable and responsible bidder
except as otherwise provided herein. Award may be by item, if the Chief of,Administrative
Services deems such manner of award to be in the best interests of the City. Except as expressly
required by City Charter, in the case of informal or formal bid submitted by a local bidder, the
3/96
Huntington Beach Municipal Code 3.02.110--3.02.190(a)(3)
Chief of Administrative Services shall, for the purposes of bid comparison only, reduce the
amount of said bid by 1% for that part of the purchases upon which the City will pay sales tax. If
tie low bids result from this reduction, quality and service being equal, the contract shall be
awarded to a local bidder. The one (1%) adjustment is afforded to local vendors to recognize
sales tax reimbursements to the City on such purchases. A "Local Bidder", as that term is used
herein, shall be defined as a firm or individual who regularly maintains a place of business and
transacts business in, or maintains an inventory of merchandise for sale in, and is licensed by, or
pays business taxes to, the City of Huntington Beach. (2259-2/78,2464-12/80,3144-9/92)
3.02.130 Performance bonds. The Chief of Administrative Services shall have authority to
require a performance bond before making any award or entering into any contract in such
amount as he shall find reasonably necessary to protect the best interests of the City. If the Chief
of Administrative Services requires a performance bond, the form of the acceptable bond and
amount thereof shall be described in the notices inviting bids. (2259-2/78,2464-12/80)
3.02.140 Informal bidding procedure. Purchasing of supplies, equipment and contractual
services of an estimated value in the amount of fifteen thousand dollars ($15,000) or less may be
made without observing the competitive bid requirement prescribed in section 3.02.070, but shall
be subject to the minimum bid requirement of this chapter wherever practicable. (2259-2/78,
2464-12/80,3316-1/96)
3.02.150 Bids--Minimum number. All purchases and procurements, excepting open market
purchases, as defined in section 3.02.190, shall, wherever possible, be based on at least three (3)
bids or quotations. (2259-2178,2464-12/80)
3.02.160 Bids--Records retention. The Chief of Administrative Services shall keep a record of
all purchases and procurements for a period of one year after the submission of the bid, including
a record of all sources contacted and their responses, if any. (2259-2n8,2464-12/80)
3.02.170 Inspection and testiniz of equipment and services. The Chief of Administrative
Services may inspect supplies and equipment delivered and contractual services performed to
determine their conformance with the specifications set forth in the order or contract. The Chief
of Administrative Services shall have authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine their quality and
conformance with specifications. (2259-2/78,2464-12/80)
3.02.180 Surplus supplies and equipment. All using agencies shall submit to the Chief of
Administrative Services, at such times and in such form as he shall prescribe, reports showing all
supplies and equipment which are no longer used or which have become obsolete or worn out.
The Chief of Administrative Services shall have authority to sell all supplies and equipment which
cannot be used by any agency or which have become unsuitable for City use, or to exchange the
same for, or trade in the same on, new supplies and equipment. (2259-2n8,2464-12/80)
3.02.190 Exempt and emergency procurements. The following purchases and procurements
are exempted from the requirements of this chapter:
(a) Emergency purchases and procurements. An emergency shall be deemed to exist if:
(1) There is a great public calamity;
(2) There is immediate need to prepare for national or local defense;
(3) There is a breakdown in machinery or an essential service which requires an immediate
procurement in order to safeguard the public health, safety or welfare;
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3.02.190(a)(4)--3.02.200 Huntington Beach Municipal Code
(4) An essential, departmental operation affecting the public health, safety or welfare would
be greatly hampered if the prescribed procurement procedure would cause an undue delay
in the procurement of the needed service.
In case of an emergency which requires the immediate procurement of a commodity or
service, the City Administrator may authorize the Chief of Administrative Services to secure
by the open-market procedure, at the lowest obtainable price, any service or commodity
regardless of the amount of the expenditure. A full report of the circumstances of all
emergency purchases shall be submitted to the City Administrator.
(b) Interagency purchase agreements. Procurements utilizing purchasing agreements
maintained by other public agencies for the provision of services or supplies to such agencies
are exempt from the requirements of this chapter.
(c) Sole-source procurements. In those cases where the procurement of any product or supply
is obtainable only from a single or sole source, the Chief of Administrative Services, upon
approval of the City Administrator, and with the assistance of the City Attorney or his
designee, shall negotiate with the purveyor of such equipment, product, supply or service, to
the end that the City receives the desired product, equipment, service or supply on fair and
equitable terms. Purchases from regulated public utilities may be made pursuant to applicable
tariff without regard to this section.
(d) Open market and catalog purchases. Open market or catalog purchases and procurements
of supplies or services are exempt from the requirements of this chapter when the estimated
value of the items or services to be procured is five thousand dollars ($5,000) or less. (3316-1/96)
(e) Competitive bidding preference. Competitive bidding is the City's preferred method of
procurement; however, in any procurement situation where it appears that the interests of the
City would be better served by utilizing an alternative method of procurement, the Chief of
Administrative Services may, with the prior written approval of the City Administrator,
proceed to utilize an alternative procedure. "Alternative procedure, " as the term is used
herein, includes but is not limited to contract award after negotiation between representatives
of the City and one or more prospective vendors.
(f) Public works construction contracts. Those public works construction contracts, and the
separate procurement of materials and supplies therefor, that are governed by other applicable
laws, including but not limited to the City Charter. (2259-2/78,2433-7/80,2464-12/80)
3.02.200 Disqualification of vendors. The Chief of Administrative Services may, for good
cause appearing, decline to accept offers, bids or quotations from prospective vendors. A vendor
whose offer, bid or quotation has been declined shall have the right to appeal such decision of the
Chief of Administrative Services to the City Administrator within a reasonable time after demand
made in writing to the Chief of Administrative Services to accept the proffered bid, offer or
quotation. (2259-2f78,2464-12/80)
3/96
i
Huntington Beach Municipal Code 3.02.010-3.02.060
Chapter 3.02
PURCHASING DIVISION
(2259-2/78,2433-7/80,2464-12/80,3144-9192,3316-1/96)
Sections:
3.02.010 Established
3.02.020 Officer--Duties
3.02.030 Officer--Exemptions from centralized purchasing
3.02.040 Procedures
3.02.050 Purchase orders
3.02.060 Encumbrance of funds
3.02.070 Formal bidding procedure
3.02.080 Bidder's security
3.02.090 Bid opening procedure
3.02.100 Bid rejection
3.02.110 Award of bid
3.02.120 Repealed, Ord. 2259-2/78
3.02.130 Performance bonds
3.02.140 Informal bidding procedure
3.02.150 Bids--Minimum number
3.02.160 Bids--Record retention
3.02.170 Inspection and testing of equipment and services
3.02.180 Surplus supplies and equipment
3.02.190 Exempt and emergency procurements
3.02.200 Disqualification of vendors
3.02.010 Established. The Purchasing Division of the Administrative Services Department is
established for the purpose of providing for centralized purchasing of all supplies, services and
equipment for the various agencies of the City. (2259-2/78,2464-12/80)
3.02.020 Officer--Duties. The Chief of Administrative Services shall direct the activities of the
Purchasing Division. The Purchasing Officer shall be responsible to the Chief of Administrative
Services. The Purchasing Officer shall enjoy all fringe benefits enjoyed by department heads.
(2259-Z78,2464-12/80)
3.02.030 Officer--Exemption from centralized purchasing. The Chief of Administrative
Services may authorize in writing any agency to purchase or contract for specified supplies,
services and equipment independently of the Purchasing Division; but he shall require that such
purchases or contracts be made in conformity with the procedures established by this chapter, and
shall further require periodic reports from the agency on the purchases and contracts made under
such written authorization. (2259-2/78,2464-12/80)
3.02.040 Procedures. Purchase of supplies, services, equipment and the sale of surplus personal
property shall be by procedures provided for in this chapter. (2259-2/78)
3.02.050 Purchase orders. Purchase of supplies, services and equipment shall be made only by
purchase order, except that the Chief of Administrative Services may direct that purchases,
reimbursements or allowances of a sum not to exceed fifty dollars ($50) may be directed to the
finance division for payment or reimbursement by petty cash. (2259-278,2464-12/80)
3.02.060 Encumbrance of funds. The Chief of Administrative Services shall not issue any
purchase order for supplies, services or equipment unless there exists an unencumbered
appropriation in the fund account against which the purchase is to be charged. (2259-2n8,
2464-12/80)
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3.02.070-3.02.140 Huntington Beach Municipal Code
3.02.070 Formal bidding procedure. Except as otherwise provided in this chapter, purchase of
supplies, services, or equipment of estimated value greater than fifteen thousand dollars ($15,000)
shall be by competitive written bid, and shall be awarded pursuant to the procedures prescribed in
this chapter. The Chief of Administrative Services shall solicit bids in writing from prospective
vendors and may employ such other means as are calculated to ensure the maximum participation
by qualified vendors in the bid competition. (2259-278,2464-12180,3316-1/96)
3.02.080 Bidder's security. In procurements where competitive bidding is utilized, the Chief of
Administrative Services may prescribe in his notice that each such bid be accompanied by a cash
deposit not to exceed 25 percent of the amount of bid. Unsuccessful bidders shall be entitled to
return of his security upon awards to another. A successful bidder shall forfeit his bid security
upon his refusal or failure to execute the contract within ten(10) days after the notice of award of
contract has been mailed, unless the City is responsible for the delay. The Chief of Administrative
Services may, upon default by refusal or failure of the successful bidder to execute the contract,
award the contract to the next lowest responsible bidder. In such case, the amount of the original
lowest bidder's security may be applied to the difference between the low bid and the second
lowest bid, and the remainder, if any, shall be returned to the defaulting original lowest bidder.
(2259-2/78,246412/80)
3.02.090 Bid opening procedure. Bids shall be submitted to the Chief of Administrative
Services in a sealed envelope and shall be identified as such on the outside cover. Envelopes
designated as bids shall be opened in public at the time and place stated in the request for
quotation. A tabulation of all bids tendered shall be open for public inspection during regular
business hours for a period or not less than thirty (30) calendar days after the award. (2259-278,
2464-12/80)
3.02.100 Bid resection. For good cause appearing, the Chief of Administrative Services may
reject any or all bids tendered. He may waive the informality of any bid presented to him. (2259-
2/78,2464-12/80)
3.02.110 Award of bid. The award shall be to the lowest acceptable and responsible bidder
except as otherwise provided herein. Award may be by item, if the Chief of Administrative
Services deems such manner of award to be in the best interests of the City. Except as expressly
required by City Charter, in the case of informal or formal bid submitted by a local bidder, the
Chief of Administrative Services shall, for the purposes of bid comparison only, reduce the
amount of said bid by 1%for that part of the purchases upon which the City will pay sales tax. If
tie low bids result from this reduction, quality and service being equal, the contract shall be
awarded to a local bidder. The one(1%) adjustment is afforded to local vendors to recognize
sales tax reimbursements to the City on such purchases. A"Local Bidder", as that term is used
herein, shall be defined as a firm or individual who regularly maintains a place of business and
transacts business in, or maintains an inventory of merchandise for sale in, and is licensed by, or
pays business taxes to, the City of Huntington Beach. (2259-2n8,2464-12/80,314 -9/92)
3.02.130 Performance bonds. The Chief of Administrative Services shall have authority to
require a performance bond before making any award or entering into any contract in such
amount as he shall find reasonably necessary to protect the best interests of the City. If the Chief
of Administrative Services requires a performance bond, the form of the acceptable bond and
amount thereof shall be described in the notices inviting bids. (2259-2n8,2464-12/80)
3.02.140 Informal bidding procedure. Purchasing of supplies, equipment and contractual
services of an estimated value in the amount of fifteen thousand dollars($15,000) or less may be
made without observing the competitive bid requirement prescribed in section 3.02.070, but shall
be subject to the minimum bid requirement of this chapter wherever practicable. (2259-2n8,
2464-12180,3316-1/96)
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Huntington Beach Municipal Code 3.02.150-3.02.190(c)
3.02.150 Bids--Minimum number. All purchases and procurements, excepting open market
purchases, as defined in section 3.02.190, shall, wherever possible, be based on at least three(3)
bids or quotations. (2259-2n8,2464-12/80)
3.02.160 Bids--Records retention. The Chief of Administrative Services shall keep a record of
all purchases and procurements for a period of one year after the submission of the bid, including
a record of all sources contacted and their responses, if any. (2259-278,2464-12/80)
3.02.170 Inspection and testing of equipment and services. The Chief of Administrative
Services may inspect supplies and equipment delivered and contractual services performed to
determine their conformance with the specifications set forth in the order or contract. The Chief
of Administrative Services shall have authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine their quality and
conformance with specifications. (2259-2n8,2464-12180)
3.02.180 Surplus supplies and equipment. All using agencies shall submit to the Chief of
Administrative Services, at such times and in such form as he shall prescribe, reports showing all
supplies and equipment which are no longer used or which have become obsolete or worn out.
The Chief of Administrative Services shall have authority to sell all supplies and equipment which
cannot be used by any agency or which have become unsuitable for City use, or to exchange the
same for, or trade in the same on, new supplies and equipment. (2259-278,2464-12/80)
3.02.190 Exempt and emergency procurements. The following purchases and procurements
are exempted from the requirements of this chapter:
(a) Emergency purchases and procurements. An emergency shall be deemed to exist if:
(1) There is a great public calamity;
(2) There is immediate need to prepare for national or local defense;
(3) There is a breakdown in machinery or an essential service which requires an immediate
procurement in order to safeguard the public health, safety or welfare;
(4) An essential, departmental operation affecting the public health, safety or welfare would
be greatly hampered if the prescribed procurement procedure would cause an undue delay
in the procurement of the needed service.
In case of an emergency which requires the immediate procurement of a commodity or
service, the City Administrator may authorize the Chief of Administrative Services to secure
by the open-market procedure, at the lowest obtainable price, any service or commodity
regardless of the amount of the expenditure. A full report of the circumstances of all
emergency purchases shall be submitted to the City Administrator.
(b) Interagency purchase agreements. Procurements utilizing purchasing agreements
maintained by other public agencies for the provision of services or supplies to such agencies
are exempt from the requirements of this chapter.
(c) Sole-source procurements. In those cases where the procurement of any product or supply
is obtainable only from a single or sole source, the Chief of Administrative Services, upon
approval of the City Administrator, and with the assistance of the City Attorney or his
designee, shall negotiate with the purveyor of such equipment, product, supply or service, to
the end that the City receives the desired product, equipment, service or supply on fair and
equitable terms. Purchases from regulated public utilities may be made pursuant to applicable
tariff without regard to this section.
1/96
3.02.190(d)-3.02.200 Huntington Beach Municipal Code
(d) Open market and catalog purchases. Open market or catalog purchases and procurements
of supplies or services are exempt from the requirments of this chapter when the estimated
value of the items or services to be procured is five thousand dollars ($5,000) or less.(3316-1/96)
(e) Competitive bidding preference. Competitive bidding is the City's preferred method of
procurement; however, in any procurement situation where it appears that the interests of the
City would be better served by utilizing an alternative method of procurement, the Chief of
Administrative Services may, with the prior written approval of the City Administrator,
proceed to utilize an alternative procedure. "Alternative procedure, " as the term is used
herein, includes but is not limited to contract award after negotiation between representatives
of the City and one or more prospective vendors.
(f) Public works construction contracts. Those public works construction contracts, and the
separate procurement of materials and supplies therefor, that are governed by other applicable
laws, including but not limited to the City Charter. (2259-2n8,2433ai80,2464-12180)
3.02.200 Disqualification of vendors. The Chief of Administrative Services may, for good
cause appearing, decline to accept offers, bids or quotations from prospective vendors. A vendor
whose offer, bid or quotation has been declined shall have the right to appeal such decision of the
Chief of Administrative Services to the City Administrator within a reasonable time after demand
made in writing to the Chief of Administrative Services to accept the proffered bid, offer or
quotation. (2259-2/78,2464-12/80)
1/96
f �
t
HUNTINGTON BEACH
MUNICIPAL CODE UPDA TES
(Effective 3/6/96)
Please Remove from Code Please Add to Code
Chapter 12.12 Chapter 12.12
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
960306.doc
{ R
r
Huntington Beach Municipal Code 12.12.010--12.12.050
Chapter 12.12
STREET WORK GENERALLY
(12-7/09, 19-7/09,577-2/52,2308-10/78,2442-8/80,3320-3/96)
Sections:
12.12.010 Erecting utility structures--Authority
12.12.020 Obstructing public way--Permit required
12.12.030 Setting time restrictions
12.12.035 Penalty for exceeding time restrictions
12.12.050 Construction work--Permit required
12.12.060 Construction work--Permit--Fee
12.12.070 Permit--Franchise holder
12.12.080 Violation--Nuisance
12.12.090 Construction work--Licensed contractor required
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
12.12.140 Traffic delineation
12.12.150 Public liability insurance
12.12.010 Erecting utility structures--Authority. It is unlawful for any person, without a
franchise or other authority from the council, to erect any telegraph, telephone, electric light or
transmission poles on any walk, street, alley or public place in this city, or to stretch any wires
along or across said streets; or to lay any gas, oil or water pipes, or other pipelines along or
across any streets in the city. (19-7/09,292-1/27)
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 thereon or therein any
building, stand, counter, lunch wagon, wagon stand, bandstand, structure, building material,
gravel, dirt, excavation or obstruction of any kind whatsoever, without a permit having first been
issued therefor as hereinafter provided. (19-7/09)
12.12.030 Setting time restrictions. A reasonable time for construction shall be established by
the Director of Public Works, prior to issuance of a permit to close any roadway. Upon written
request from the permittee, the established time period may be extended by the Director of Public
Works to account for working days lost due to circumstances beyond the control of the permittee.
(3320-3/96)
12.12.035 Penalty for exceeding time restrictions. A penalty shall be imposed upon any
private party permittee who does not complete the work requiring road or lane closures within the
established time frame. The fee shall be in an amount set by resolution of the City Council and
shall be based upon estimated costs to the traveling public due to delays and additional travel
distance around roadway closures. (3320-3/96)
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, wagon stand, bandstand, structure, building material, gravel, dirt, excavation or
other construction upon or in the streets, alleys, sidewalks or public places within this city, must
first obtain a permit from the Director of Public Works to place any obstruction as hereinabove
mentioned upon or in said streets, alleys, sidewalks or public places. (19-7/09,577-2/52,2308-10/78)
3/96
r
12.12.060--12.12.140(a)(3) Huntington Beach Municipal Code
12.12.060 Construction work—Permit—Fees. The Director of Public Works may issue such
permit upon payment of a fee, set by resolution of the City Council, to the city therefor. (12-7109,
577-2152,2308-10178,2442-8/80)
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 maintain any pipeline, telephone line, or pole system in or
upon any of the public streets, alleys, sidewalks or public places if said excavation is for the
purpose of connecting with sewer, water or gas pipeline by such person, then and in that event,
the application and permit may be granted without charge. (19-7/09,577-2/52)
12.12.080 Violation--Nuisance. Any person, firm or corporation who violates any of the
provisions of this chapter is guilty of a MISDEMEANOR, and the obstruction so maintained shall
be deemed to be a public nuisance and be treated as such. (19-7/09)
12.12.090 Construction work--Licensed contractor required. No work of any kind shall be
done or performed upon any street, sidewalk, alley, curb, sewer or gutter in the city unless done
according to state of California Department of Transportation specifications and city standard
plans and by a contractor licensed by the state of California to perform that class of work.
(745-2/60,2022-1 n6,2308-10/78)
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. (745-2/60)
12.12.110 Permit issuance. The Director of Public Works may issue such permit upon payment
of a fee set by resolution of the City Council, or a sum calculated upon a schedule set by
resolution of the City Council. (19-7/09,577-2/52,2022-1/76,2308-1WEI,2442-8/80)
12.12.120 Construction work--Supervision and inspection. The work shall be done then
under the inspection and supervision of the Director of Public Works of the city, and he shall have
and is granted authority to prevent the performance or doing of any of said work mentioned in
section 12.12.090 unless the work is done in accordance with the provisions of this chapter.
(745-2/60,2308-10/78)
12.12.130 Construction work--Permit denial--Appeal. In the event the Director of Public
Works refuses for any reason to issue a permit, the applicant may petition the City Council, in
writing, for a hearing to consider said request. (745-2/60,2308-10/78)
12.12.140 Traffic delineation. Any person, firm, or corporation that causes a change in street
access, physical characteristics or a change to or obliteration of existing traffic delineation
devices, due to private development shall be required to install new traffic delineation devices to
include painted stripes or lines, raised pavement markings or legends as required. This work shall
be accomplished in the following manner:
(a) General Requirements:
(1) All work shall be done in accordance with City of Huntington Beach requirements and
State of California Department of Transportation standards for location and dimensions.
(2) Paint shall be one base coat and one finish coat with reflective beads of the material
specifications approved by the Department of Public Works.
(3) Work shall conform to the plans approved by the Department of Public Works.
3/96
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12.12.140(a)(4)-12.12.150 Huntington Beach Municipal Code
(4) All conflicting, existing markings shall be removed by sandblasting and the street shall be
swept.
(5) All required traffic barricades and cones shall be provided and maintained until the
delineations are complete.
(b) Work by city. If the project involves less than one thousand (1000) linear feet of delineation
work, the responsible agency may either perform the work or pay the Department of Public
Works to have this work done by city personnel. Barricading and coning shall be the
developer's responsibility until the city's public works paint section personnel complete the
new traffic delineations. If the city is to perform the work, the cost of this work shall be paid
in advance and be based on the unit costs established by resolution of the City Council, copies
of which shall be available in the Department of Public Works. (2042-4n6)
12.12.150 Public liability insurance. The applicant shall furnish to the city and maintain during
the period for which the permit is issued, a public liability insurance policy in which the City, City
Council, elective and appointive officers, employees, boards and commissions of the city shall be
named as additional insureds when acting within the scope of their official duties, against all
claims arising out of or in connection with the activities for which the permit was obtained. Such
public liability insurance policy shall indemnify, defend and hold harmless said additional insureds.
The policy shall provide for not less the following amounts:
Combined single limit bodily injury and/or property damage including products liability:
$300,000 combined single limit per occurrence. (2121-12176)
3/96
Huntington Beach Municipal Code 12.12.010-12.12.080
Chapter 12.12
STREET WORK GENERALLY
(12-7/09, 19-7/09, 577-2/52,2308-10/78,2442-8/80)
Sections:
12.12.010 Erecting utility structures--Authority
12.12.020 Obstructing public way--Permit required
12.12.050 Construction work--Permit required
12.12.060 Construction work--Permit--Fee
12.12.070 Permit--Franchise holder
12.12.080 Violation--Nuisance
12.12.090 Construction work--Licensed contractor required
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
12.12.140 Traffic delineation
12.12.150 Public liability insurance
12.12.010 Erecting utility structures--Authority. It is unlawful for any person, without a
franchise or other authority from the council,to erect any telegraph,telephone, electric light or
transmission poles on any walk, street, alley or public place in this city, or to stretch any wires
along or across said streets; or to lay any gas, oil or water pipes, or other pipelines along or
across any streets in the city. (19-7/09, 292-1/27)
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 thereon or therein any
building, stand, counter, lunch wagon, wagon stand, bandstand, structure, building material,
gravel, dirt, excavation or obstruction of any kind whatsoever,without a permit having first been
issued therefor as hereinafter provided. (19-7/o9)
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, wagon stand, bandstand, structure, building material, gravel, dirt, excavation or
other construction upon or in the streets, alleys, sidewalks or public places within this city, must
first obtain a permit from the Director of Public Works to place any obstruction as hereinabove
mentioned upon or in said streets, alleys, sidewalks or public places. (19-7/09, 577-2/52,2308-10/78)
12.12.060 Construction work--Permit--Fees. The Director of Public Works may issue such
permit upon payment of a fee, set by resolution of the City Council,to the city therefor. (12-7/09,
577-2/52,2308-10/78,2442-8/80)
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 maintain any pipeline, telephone line, or pole system in or
upon any of the public streets, alleys, sidewalks or public places if said excavation is for the
purpose of connecting with sewer, water or gas pipeline by such person,then and in that event,
the application and permit may be granted without charge. (19-7109,577-2/52)
12.12.080 Violation--Nuisance. Any person, firm or corporation who violates any of the
provisions of this chapter is guilty of a MISDEMEANOR, and the obstruction so maintained
shall be deemed to be a public nuisance and be treated as such. (19-7/09)
9/89
f +
12.12.090-12.12.140(b) Huntington Beach Municipal Code r
12.12.090 Construction work--Licensed contractor required. No work of any kind shall be
done or performed upon any street, sidewalk, alley, curb, sewer or gutter in the city unless done
according to state of California department of transportation specifications and city standard
plans and by a contractor licensed by the state of California to perform that class of work. (745-
2/60,2022-1/76,2308-10/78)
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. (745-2/60)
12.12.110 Permit issuance. The Director of Public Works may issue such permit upon
payment of a fee set by resolution of the City Council, or a sum calculated upon a schedule set by
resolution of the City Council. (19-7/09,577-2/52,2022-1R6,2308-10/78,2442-8/80)
12.12.120 Construction work--Supervision and inspection. The work shall be done then
under the inspection and supervision of the Director of Public Works of the city, and he shall
have and is granted authority to prevent the performance or doing of any of said work mentioned
in section 12.12.090 unless the work is done in accordance with the provisions of this chapter.
(745-2/60,2308-10/78)
12.12.130 Construction work--Permit denial--Appeal. In the event the Director of Public
Works refuses for any reason to issue a permit, the applicant may petition the City Council, in
writing, for a hearing to consider said request. (745-2/60,2308-10/78)
12.12.140 Traffic delineation. Any person, firm, or corporation that causes a change in street
access, physical characteristics or a change to or obliteration of existing traffic delineation
devices, due to private development shall be required to install new traffic delineation devices to ,
include painted stripes or lines, raised pavement markings or legends as required. This work
shall be accomplished in the following manner:
(a) General Requirements:
(1) All work shall be done in accordance with City of Huntington Beach requirements and
State of California Department of Transportation standards for location and dimensions.
(2) Paint shall be one base coat and one finish coat with reflective beads of the material
specifications approved by the Department of Public Works.
(3) Work shall conform to the plans approved by the Department of Public Works.
(4) All conflicting, existing markings shall be removed by sandblasting and the street shall be
swept.
(5) All required traffic barricades and cones shall be provided and maintained until the
delineations are complete.
(b) Work by city. If the project involves less than one thousand(1000) linear feet of delineation
work,the responsible agency may either perform the work or pay the Department of Public
Works to have this work done by city personnel. Barricading and coning shall be the
developer's responsibility until the city's public works paint section personnel complete the
new traffic delineations. If the city is to perform the work,the cost of this work shall be paid
in advance and be based on the unit costs established by resolution of the City Council,
copies of which shall be available in the Department of Public Works. (2042-4/76)
9/89
12.12.150 Huntington Beach Municipal Code
12.12.150 Public liability insurance. The applicant shall furnish to the city and maintain
during the period for which the permit is issued, a public liability insurance policy in which the
City, City Council, elective and appointive officers, employees, boards and commissions of the
city shall be named as additional insureds when acting within the scope of their official duties,
against all claims arising out of or in connection with the activities for which the permit was
obtained. Such public liability insurance policy shall indemnify, defend and hold harmless said
additional insureds. The policy shall provide for not less the following amounts:
Combined single limit bodily in-ury and/or property damage including products liability:
$300,000 combined single limit per occurrence. (2121-12/76)
9/89
t
4 ,
HUNTINGTON BEA CH
MUNICIPAL CODE UPDATES
(Effective 2/1/96)
Please Remove from Code Please Add to Code
-- Title 2
Chapter 2.56 Chapter 2.56
Chapter 2.111 Chapter 2.111
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559 f'
960201.doc
Huntington Beach Municipal Code Title 2 Index
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 Eligibility of Candidates
2.05 Gifts to Public Officials
2.06 Campaign Documents
2.07 Campaign Reform
2.08 Administrative Officer
2.12 Administrative Services Department
2.16 City Treasurer
2.20 City Attorney
2.24 Police Chief
2.28 City Council
2.30 Community Services Department
2.32 Department of Community Development
2.34 City Planning Commission
2.36 Repealed -- 2464-12/80
2.40 Fire Department
2.44 Repealed -- 2332-1/79
2.48 Repealed -- 2330-1/79
2.52 Police Department
2.56 Public Works Department
2.60 Repealed --2332-1/79
2.64 Community Services Commission
2.68 Repealed -- 2591-1/83
2.72 Personnel System
2.76 Competitive Service Regulations
2.80 Redevelopment Agency
2.84 Public Library--General Provisions
2.86 Library Services Department
2.88 Repealed -- 2363-5/79
2.92 Repealed -- 2363-5/79
2.96 Disposition of Unclaimed Property
2.97 Repealed -- 2903-7/87
2.99 Citizens' Advisory Board for Housing and Community Development
2.100 Operating Policy for Boards and Commissions
2.101 Allied Arts Board
2.102 Environmental Board
2.103 Human Resources Board
2.104 Advisory Board on the Handicapped
2.105 Airport Board
2.106 Fourth of July Executive Board
2.107 Historic Resources Board
2.108 Huntington Beach Youth Board
2.109 Finance Board
2.110 Investment Advisory Board
2.111 Public Works Commission
2/96
Huntington Beach Municipal Code 2.56.010-2.56.030
c Chapter 2.56
PUBLIC WORKS DEPARTMENT
(964-6/63,2591-1183,3319-1/96)
Sections:
2.56.010 Establishment
2.56.020 Objectives
2.56.030 Director-Powers and duties
2.56.040 Appointment of subordinates
2.56.050 Fees and charges
2.56.060 Annual budget
2.56.070 Terms
2.56.010 Establishment. There is hereby established a Department of Public Works. (964-6/63,
2591-1/83)
2.56.020 Objectives. The objectives of the department shall be as follows:
(a) To develop, facilitate, and maintain a community facilities element of city's general plan for
ample and sufficient master plan for sewers, flood control, water, public facilities and
landscaping.
(b) To produce, transmit, and distribute water meeting state quality standards and consumer
demands to property owners and residents of the city.
(c) To provide appropriate and efficient preventive and restoration maintenance to city facilities,
streets, sewers, storm drains, parks, water systems, vehicles and equipment in order to
maintain clean, adequate, effective, safe conditions.
(d) To provide fuel and fueling facilities for equipment of the city.
(e) To provide and maintain engineering services in accordance with applicable state and city
codes, criteria, standards, rules and regulations.
(f) To ensure all construction within public rights-of-way and private streets in planned
developments complies with contractual obligations and adopted city standards.
(g) To provide and facilitate a safe, efficient, smooth, orderly flow of vehicular and pedestrian
traffic on the streets and highways of the city.
(h) To provide and ensure landscape plan check, inspection, design and maintenance services
pursuant to adopted city standards.
(i) To utilize contractual services where appropriate, cost-effective and available.
0) To develop, facilitate, maintain and cooperate under joint powers agreements in the
advancement of sound public works plans, projects, tasks and undertakings as directed by the
City Council. (964-6/63,2591-1/83)
2.56.030 Director-Powers and duties. The Director of Public Works shall be the head of the
Public Works department, and shall be appointed by the City Administrator, subject to approval
by a majority vote of the City Council. The director shall have the following powers and duties:
3319-2/96)
2/96
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2.56.030(a)-2.56.070 Huntington Beach Municipal Code
(a) Plans, organizes, directs and coordinates all divisions, programs and activities of the Public 4
Works department.
(b) Determines and directs department policies, procedures, and organization.
(c) Establishes and maintains systems for public flood control, sewers, streets, parks, city
facilities, potable water, landscape services and basic public health and safety.
(d) Assists boards, commissions and committees which encourage, foster, promote and facilitate
the objectives of the department including, but not limited to, the Planning Commission,
Community. Services Commission, Public Works Commission, Subdivision Committee, Board
of Zoning Adjustments, or appoints deputy so to assist. 3319-2/96)
(e) Investigates and authorizes purchase of materials, services and equipment necessary to
implement and operate department activities within the scope of the department budget.
(f) Communicates department plans, policies and activities to various governmental agencies and
civic groups in the advancement of department objectives under the direction of the City
Administrator.
(g) Prepares, submits and administers department budget.
(h) Investigates, analyzes, and makes recommendations as to construction or improvement bids
on Public Works projects, and administers the contract upon approval of the City Council.
(i) Performs such other duties and has such other powers as the City Council may establish
hereafter by resolution. (2591-1/83)
2.56.040 Appointment of subordinates. The director, with the approval of the City `
.Administrator, shall appoint all other officers, assistants, deputies and employees of the Public
Works department. (2591-1/83)
2.56.050 Fees and charges. The director has authority to charge reasonable fees for use of
department services, materials and city facilities to help defray public expense when such fees are
established by resolution of the City Council. (2591-1/83)
2.56.060 Annual budget. The City Council shall annually establish a Public Works budget.
(2591-1/83)
2.56.070 Terms. Whenever the terms "Sewer Department, Sanitation Department, Water
Department, Street Department, Traffic Department, and Engineering Department" are used in
this code, or in any resolution adopted by the City Council, they shall be deemed to mean and
read "Public Works Department." Whenever the terms "Sanitation Superintendent, Street
Superintendent,_Water Superintendent and City Engineer" appear in this code,they shall be
deemed to mean and read "Director of Public Works." (2591-1/83)
2/96
Huntington Beach Municipal Code 2.111.010-2.111.040
a Chanter 2.111
PUBLIC WORKS COMMISSION
(3318-2/96)
Sections:
2.111.010 Commission established
2.111.020 Non-Interference
2.111.030 Duties
2.111.040 Records of commission
2.111.050 Members
2.111.060 Appointment/Composition
2.111.070.,Removal of members
2.111.080 Vacancies--Retirement
2.111.090 Service limitation
2.111.100 Quorum proceedings
2.111.110 Bylaws
2.111.120 Advisors
2.111.130 Operating policies
2.111.140 Brown Act
2.111.010 Commission established. There is hereby established a Public Works Commission in
and for the City of Huntington Beach which shall be known as the Public Works Commission of
the City of Huntington Beach. The authority to create a Public Works Commission is derived
from the Huntington Beach City Charter Section 405. (3318-2/s6)
2.111.020 Non-interference. Except as otherwise provided in this Chapter as may be amended
by ordinance by the City Council of the City of Huntington Beach, no member of the Public
Works Commission shall order, directly or indirectly, the Director of Public Works or his/her staff
in the administration or execution of the Director's Powers and Duties as established in Chapter
2.56 of the Huntington Beach Municipal Code. The Director of Public Works shall be responsible
to the City Administrator for the administration and execution of Public Works affairs. (3318-2/96)
2.111.030 Duties. The duties of the Public Works Commission shall be as provided below:
(3318-2/96)
(a) Provide annual review and comment upon Public Works Capital Improvement Projects and
Program. (3318-2/96)
(b) Review and comment upon the following: (3318-2/96)
(1) The long term infrastructure maintenance and repair program; (3318-2/96)
(2) Oil pipeline permits issued by Public Works staff, and (3318-2/96)
(3) Traffic control device permits issued by Public Works staff. (3318-2196)
(c) Recommend to the City Council Capital Projects which exceed $50,000.00 and may review
capital project repairs exceeding $50,000.00. (3318-2m)
(d) Review all capital improvements construction project change orders exceeding $50,000.00
and not more than $100,000.00 for all cash contracts. (3318-2/96)
2.111.040 Records of commission. Accurate and permanent records of the acts of the
Commission shall be kept, and such records shall have the same status as records of other
departments of the city. (3318-2/96)
2196
2.111.050-2.111.120 Huntington Beach Municipal Bode
2.111.050 Members. The Public Works Commission shall consist of seven(7) members who '
shall be residents of the City of Huntington Beach and shall not be officers or employees of the
city and no member of the commission may have any interest in any contract with the city either
during such member's terms of office or for a period of one(1)year after the cessation of such
service. Members who are employees of firms which contract with the city shall be deemed to be
interested in such contracts excepting when such interest is remote, as defined in Article 4,
Chapter 2, Division 4, Title 1 of the California Government Code. (331a-2m)
2.111.060 Appointment and composition. The Public Works Commission shall consist of
seven(7) members, each appointed by majority vote of the City Council from citizens who have
special interest,training and/or experience in Public Works matters. All members shall serve
without compensation, may hold no other office or employment in City Government, and no other
employment which is incompatible with Commission Service. (3318-2m)
Members of the Commission shall serve until their respective successors are appointed and
qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified,
terms of members of the commission shall be four(4)years, staggered so that the majority of
terms shall end in odd-numbered years following the election of four(4) council members and the
remainder of the terms shall end in odd-numbered years following the election of three (3) council
members. (3318-2/96)
2.111.070 Removal of members. Any member of the Public Works Commission may be
removed by majority vote of the City Council present when such vote is taken. Any member who
absents himself from three (3) consecutive, regular meetings or more without the permission of
the commission chairperson shall be deemed to have resigned from the commission and his office
shall become vacant. Any vacancy shall be filled by appointment for the unexpired term by a
majority vote of the Council present and voting. (3318-2M)
2.111.080 Vacancies--Retirement. Members shall be privileged to retire voluntarily from the
Commission at any time; successors to be appointed in such case, or any other vacancy from
whatever cause, by the Mayor, with the approval of the City Council, for the unexpired term of
office. (3316-2/96)
2.111.090 Service limitation. No person shall serve more than two (2) consecutive four-year
terms; provided, however, that persons serving on the effective date of this ordinance may
complete their current terms and, if reappointed, an additional term thereafter. No person shall
serve more than four(4) consecutive two (2)year terms. (331 s-2/96)
2.111.100 Ouorum proceedings. A majority of the members of the Commission in office shall
constitute a quorum. A majority vote of the members present and voting, where a quorum is
present at any regular or special meeting, is required to carry a motion, proposal or resolution.
(3318-2/96)
Upon demand of any member, the roll call shall be called for yeas and nays upon any questions
before the Commission. Roberts' Rules of Order Revised shall govern the procedure of meetings
of the commission unless inconsistent with other provisions of this chapter. (3318-2/96)
2.111.110 Bylaws. The Public Works Commission shall adopt such bylaws and rules as it deems
necessary to provide for its officers and their method of selection of time and place of meetings
and for such other matters relative to its work and administration of its duties which are not
otherwise provided for by statute or ordinance. (331 s-Z96)
2.111.120 Advisors. The Public Works Commission may request of the Director of Public
Works the attendance at its meetings of any officer or employee of the city to assist the
commission in its deliberations in an advisory capacity but who shall not have the authority to
vote upon any matter being considered by the commission. (3318-2t96)
2/96
Huntington Beach Municipal Code 2.111.130-2.111.140
2.111.130 Operating policies. Except as otherwise provided in this chapter, the board shall
conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this
code. (3318-2196)
2.111.140 Brown Act. The Board shall be governed by the provisions of the Brown Act
(Government Code§54950, et seq.). (331 a-2196)
2/96
Huntington Beach Municipal Code Title 2 Index
Title 2
A.... ADMINISTRATION AND PERSONNEL
Chapters:
2.04 Eligibility of Candidates
2.05 Gifts to Public Officials
2.06 Campaign Documents
2.07 Campaign Reform
2.08 Administrative Officer
2.12 Administrative Services Department
2.16 City Treasurer
2.20 City Attorney
2.24 Police Chief
2.28 City Council
2.30 Community Services Department
2.32 Department of Community Development
2.34 Repealed -- 2330-1/79
2.36 Repealed -- 2464-12/80
2.40 Fire Department
2.44 Repealed -- 2332-1/79
2.48 Repealed -- 2330-1/79
2.52 Police Department
2.56 Public Works Department
2.60 Repealed -- 2332-1/79
2.64 Community Services Commission
2.68 Repealed -- 2591-1/83
2.72 Personnel System
2.76 Competitive Service Regulations
2.80 Redevelopment Agency
2.84 Public Library--General Provisions
2.86 Library Services Department
2.88 Repealed -- 2363-5/79
2.92 Repealed -- 2363-5/79
2.96 Disposition of Unclaimed Property
2.97 Repealed -- 2903-7/87
2.99 Citizens' Advisory Board for Housing and Community Development
2.100 Operating Policy for Boards and Commissions
2.101 Allied Arts Board
2.102 Environmental Board
2.103 Human Resources Board
2.104 Advisory Board on the Handicapped
2.105 Airport Board
2.106 Fourth of July Executive Board
2.107 Historic Resources Board
2.108 Huntington Beach Youth Board
2.109 Finance Board
r 9/94
Huntington Beach Municipal Code 2.56.010--2.56.030(a)
Chapter 2.56
PUBLIC WORKS DEPARTMENT
(964-6/63,2591-1/83)
Sections:
2.56.010 Establishment
2.56.020 Objectives
2.56.030 Director--Powers and duties
2.56.040 Appointment of subordinates
2.56.050 Fees and charges
2.56.060 Annual budget
2.56.070 Terms
2.56.010 Establishment. There is hereby established a Department of Public Works. (964-6/63,
2591-1/83)
2.56.020 Objectives. The objectives of the department shall be as follows:
(a) To develop, facilitate, and maintain a community facilities element of city's general plan for
ample and sufficient master plan for sewers, flood control, water,public facilities and
landscaping.
(b) To produce,transmit, and distribute water meeting state quality standards and consumer
demands to property owners and residents of the city.
(c) To provide appropriate and efficient preventive and restoration maintenance to city facilities,
streets, sewers, storm drains,parks, water systems, vehicles and equipment in order to
maintain clean, adequate, effective, safe conditions.
(d) To provide fuel and fueling facilities for equipment of the city.
(e) To provide and maintain engineering services in accordance with applicable state and city
codes, criteria, standards, rules and regulations.
(f) To ensure all construction within public rights-of-way and private streets in planned
developments complies with contractual obligations and adopted city standards.
(g) To provide and facilitate a safe, efficient, smooth, orderly flow of vehicular and pedestrian
traffic on the streets and highways of the city.
(h) To provide and ensure landscape plan check, inspection, design and maintenance services
pursuant to adopted city standards.
(i) To utilize contractual services where appropriate, cost-effective and available.
0) To develop, facilitate, maintain and cooperate under joint powers agreements in the
advancement of sound public works plans,projects, tasks and undertakings as directed by the
City Council. (964-6/63, 2591-1/83)
2.56.030 Director--Powers and duties. The Director of Public Works shall be the head of the
Public Works department, and shall be appointed by the City Administrator, subject to approval
by a majority vote of the City Council. The director shall have the following powers and duties:
(a) Plans, organizes, directs and coordinates all divisions, programs and activities of the Public
Works department.
1/83
2.56.030(b)--2.56.070 Huntington Beach Municipal Code
(b) Determines and directs department policies, procedures, and organization.
(c) Establishes and maintains systems for public flood control, sewers, streets,parks, city
facilities, potable water, landscape services and basic public health and safety.
(d) Assists boards, commissions and committees which encourage, foster,promote and facilitate
the objectives of the department including, but not limited to,the planning commission,
community services commission,transportation commission, subdivision committee, board
of zoning adjustments, or appoints deputy so to assist.
(e) Investigates and authorizes purchase of materials, services and equipment necessary to
implement and operate department activities within the scope of the department budget.
(f) Communicates department plans, policies and activities to various governmental agencies
and civic groups in the advancement of department objectives under the direction of the City
Administrator.
(g) Prepares, submits and administers department budget.
(h) Investigates, analyzes, and makes recommendations as to construction or improvement bids
on Public Works projects, and administers the contract upon approval of the City Council.
(i) Performs such other duties and has such other powers as the City Council may establish
hereafter by resolution. (2591-1183)
2.56.040 Appointment of subordinates. The director, with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the Public
Works department. (2591-1/83)
2.56.050 Fees and charges. The director has authority to charge reasonable fees for use of
department services, materials and city facilities to help defray public expense when such fees
are established by resolution of the City Council. (2591-1/83)
2.56.060 Annual budget. The City Council shall annually establish a Public Works budget.
(2591-1/83)
2.56.070 Terms. Whenever the terms "Sewer Department, Sanitation Department, Water
Department, Street Department, Traffic Department, and Engineering Department" are used in
this code, or in any resolution adopted by the City Council,they shall be deemed to mean and
read "Public Works Department." Whenever the terms "Sanitation Superintendent, Street
Superintendent, Water Superintendent and City Engineer" appear in this code,they shall be
deemed to mean and read "Director of Public Works." (2591-1/83)
1/83
a' -
i
HUNTINGTON BEACH,
ZONING ORDINANCE
UPDA TES
(Effective 2/1/96)
Please Remove from Code Please Add to Code
Zoning Ordinance Zoning Ordinance
Cross Reference Index Cross Reference Index
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Connie Brockway, City Clerk
Questions regarding these updates?
Call Laura Nelson, Deputy City Clerk, Records Division
(714) 374-1559
r Huntington Beach Zoning and Subdivision Ordinance —1/8/96
FOR REFERENCE ONLY
ZONING MAP CROSS REFERENCE
All properties currently depicted on the zoning maps have been rezoned/renamed as shown
on the following table. Properties located in the Coastal Zone will be regulated by the Local
Coastal Program until the Coastal Commission approves the new zoning and subdivision
ordinance, except those properties for which the LCP does not include specific zoning
provisions, the following shall also apply.
D . « ;>:>;:::::>:= >; NEW:ZQNING`:':,'
OL ..ZONING .
RA Res idential.Ag riculture RA Residential Agriculture
R1 Single Family Residential RL Low Density Residential
R2 Medium Density Residential RM Medium Density Residential
R3 Medium High Density Residential RMH Medium High Density Residential-
R4 High Density Residential RH High Density Residential
OT-1 Oldtown, District One RMH-A Medium High Density Residential-
Small Lot subdistrict
OT-2, Oldtown, District Two RMH-A Medium High Density Residential-
Small Lot subdistrict
TL-A, Townlot Specific Plan Area One, Section A RMH-A Medium High Density Residential-
Small Lot subdistrict
TL-B, Townlot Specific Plan Area One, Section B RMH-A Medium High Density Residential-
Small Lot subdistrict
MH Mobilehome RMP Manufactured Home Park
-PD Planned Development Suffix Deleted
-MFH Manufactured Home Suffix Deleted
-SR Senior Residential Suffix Deleted
OP Office Professional CO Office Commercial
C1 Neighborhood Commercial CG General Commercial
C2 Community Business CG General Commercial
C4 Highway Commercial CG General Commercial
VSC Visitor Serving Commercial CV Visitor Commercial
M1-A Restricted Manufacturing IL Limited Industrial
M1 Light Industrial IG General Industrial
M2 Industrial IG General Industrial
SP-1 Special Zone-Cemeteries PS Public-Semi ubfic
SP-2 Special Zone-Cemeteries CG General Commercial
ROS Recreational Open Space OS-PR Open Space-Parks and Recreation subdistrict
S1 Shoreline OS-S Open Space-Shoreline subdistrict
CC Coastal Conservation OS-C Open Space-Conservation subdidstrict
WR Water Recreation OS-WR Open Space-Water subdistrict
-CD Civic District Suffix deleted
-MS Multi-Story Suffix H High Rise Overlay
Q Qualified Classification subject to future zoning map amendment
LUD Limited Use District subject to future zoning map amendment
-0, -01 Oil Suffix -0, -01 Oil Overlay
-FP1, -FP2, -FP3 Flood lain Suffix -FP1, -FP2, -FP3 Flood lain Overlay
-CZ Coastal Zone Suffix -CZ CoastalZone Overlay
North Huntington Center Specific Plan S ecific Plan 1
Pacifica Community Plan Specific Plan 2
Seabrid e Specific Plan Specific Plan 3
Huntington Harbour Bay Club Specific Plan Specific Plan 4
Downtown Specific Plan Specific Plan 5
Seacliff Specific Plan Specific Plan 6
Ellis-Goldenwest Specific Plan Specific Plan 7
Meadowlark Specific Plan Specific Plan 8
Holl -Seacliff Specific Plan Specific Plan 9
Magnolia Pacific Specific Plan Specific Plan 10
CF-E Community Facilities-Educational PS Public-Semipublic
CF-C Community Facilities-Civic Uses PS Public-Semipublic
CF-H Community Facilities-Hospitals PS Public-Semipublic
CF-R Community Facilities-Parks OS-PR Open Space-Parks and Recreation
Huntington Beach Zoning and Subdivision Ordinance -1/8/96
r
a
t
FOR REFERENCE ONLY
Zoning Districts Legislative History
(495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61, 822-4/61, 880-1/62, 881-1/62,
1564-4/70;-1565-4/70, 1599-10/70, 1677-11171, 1845-7/73, 1944-11/74, 1988-7/75,
2024-3/761'2134-1/77, 2199-7/77, 2488-5/81, 2490-7/81, Urg. 2604-1/773, 2620-7/83,
2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86,
2905-A-1 1/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91, 3102-4/91,
3120-8/91, 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92,
3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92,
3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92, 3211-10193, 3233-5/94, 3239-11/94,
3244-9/94, 3245-9/94, 3252-11/94, 3258-12/94, 3275-4/95, 3276-4/95, 3279-5195,
3280-5/95, 3287-8/95, 3297-9/95)
Specific Plans Legislative History
(495-6146, 731-10/59, 737-12/59, 807-1/61, 822-4/61, 880-1/62, 881-1/62, 1564-4/70,
1565-4/70, 1599-10/70, 1677-11/71, 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76,
2134-1/77, 2199-7/77, 2488-5/81, 2490-7/81, Urg. 2604-1/73, 2620-7/83, 2641-10/83,
2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86,
2905-A-1 1/87, 3279-5/95, 3280-5/95, 3287-8/95, 3314-2/96)
District Maps Legislative History
(737-12/59, 754-4/60, 2830-5/86, 2905-A-1 1/87, 3028-2/90, 3029-2/90, 3030-2/90,
3033-5/90, 3098-4/91, 3102-4/91, 3120-8/91, 3126-1/92, 3128-5/92, 3142-6/92,
3146-7/92, 3153-7/92, 3154-7/92, 3155-7192, 3156-7/92, 3157-7/92, 3158-7/92,
3159-7/92,:3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92,
3211-10/93, 3233-5/94, 3243-9/94, 3245-9/94, 3258-12/94, 3275-4195, 3276-4/95,
3297-9/95, 3314-2/96)
~ Huntington Beach Zoning and Subdivision Ordinance --7/31/95
FOR REFERENCE ONLY
ZONING MAP CROSS REFERENCE
r
All properties currently depicted on the zoning maps have been rezoned/renamed as shown
on the following table. Properties located in the Coastal Zone will be regulated by the Local
Coastal Program until the Coastal Commission approves the new zoning and subdivision
ordinance, except those properties for which the LCP does not include specific zoning
provisions, the following shall also apply.
OLD ZONING NEW ZONING
RA Residential Agriculture RA Residential Agriculture
R1 Single Family Residential RL Low Density Residential
R2 Medium Density Residential RM Medium Density Residential
R3 Medium High Density Residential RMH Medium High Density Residential
R4_ High Density Residential RH High Density Residential
OT-1 Oldtown, District One RMH-A Medium High Density Residential-
_ Small Lot subdistrict
OT-2, Oldtown, District Two RMH-A Medium High Density Residential -
Small Lot subdistrict
TL-A, Townlot Specific Plan Area One, Section A RMH-A Medium High Density Residential -
Small Lot subdistrict
TL-B, Towniot Specific Plan Area One, Section B RMH-A Medium High Density Residential-
Small Lot subdistrict
MH Mobilehome RMP Manufactured Home Park
-PD Planned Development Suffix Deleted
-MFH Manufactured Home Suffix Deleted
-SR Senior Residential Suffix Deleted
OP Office Professional CO Office Commercial
C1 Neighborhood Commercial CG General Commercial
C2 Community Business CG General Commercial
C4 Highway Commercial CG General Commercial
VSC Visitor Serving Commercial CV Visitor Commercial
M1-A Restricted Manufacturing IL Limited Industrial
M1 Light Industrial IG General Industrial
M2 Industrial IG General Industrial
SP-1 Special Zone-Cemeteries PS Public-Semipublic
SP-2 Special Zone-Cemeteries CG General Commercial
ROS Recreational Open Space OS-PR Open Space-Parks and Recreation subdistrict
S1 Shoreline OS-S Open Space-Shoreline subdistrict
CC Coastal Conservation OS-C Open Space-Conservation subdidstrict
WR Water Recreation OS-WR Open Space-Water subdistrict
-CD Civic District Suffix deleted
-MS Multi-StorV Suffix H High Rise Overlay
Q Qualified Classification subJect to future zoning map amendment
LUD Limited Use District subject to future zoning ma amendment
-0, -01 Oil Suffix -0, -01 Oil Overlay
-FP1, -FP2, -FP3 Flood lain Suffix -FP1, -FP2, -FP3 Flood lain Overlay
-CZ Coastal Zone Suffix -CZ CoastalZone Overlay
North Huntington Center Specific Plan _ Specific Plan 1
Pacifica Community Plan Specific Plan 2
Seabrid e Specific Plan Specific Plan 3
Huntington Harbour Bay Club Specific Plan Specific Plan 4
Downtown Specific Plan Specific Plan 5
Seacliff Specific Plan S pecific Plan 6
Ellis-Goldenwest Specific Plan Specific Plan 7
Meadowlark Specific Plan Specific Plan 8
Holl -Seacliff Specific Plan Specific Plan 9
Magnolia Pacific Specific Plan Specific Plan 10
CF-E Community Facilities- Educational PS Public-Semipublic
CF-C Community Facilities-Civic Uses PS Public-Semipublic
CF-H Community Facilities-Hospitals PS Public-Semipublic
CF-R Community Facilities-Parks OS-PR Open Space-Parks and Recreation
Huntington Beach Zoning and Subdivision Ordinance --7/31/95
FOR REFERENCE ONLY
Zoning Districts Legislative History
(495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61, 822-4/61, 880-1/62, 881-1/62,
1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71, 1845-7/73, 1944-11/74, 1988-7/75,
2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81, 2490-7/81, Urg. 2604-1/73, 2620-7/83,
2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86,
2905-A-1 1/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91, 3102-4/91,
3120-8/91, 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7192,
3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92,
3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92, 3211-10/93, 3233-5/94, 3239-11/94,
3244-9/94, 3245-9/94, 3252-11/94, 3258-12/94, 3275-4/95, 3276-4/95, 3279-5/95,
3280-5/95)
Specific Plans Legislative History
(495-6/46, 731-10/59, 737-12/59, 807-1/61, 822-4/61, 880-1/62, 881-1/62, 1564-4/70,
1565-4/70, 1599-10/70, 1677-11/71, 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76,
2134-1/77, 2199-7/77, 2488-5/81, 2490-7/81, Urg. 2604-1/73, 2620-7/83, 2641-10/83,
2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86,
2905-A-1 1/87, 3279-5/95, 3280-5/95, 3287-8/95)
District Maps Legislative History
(737-12/59, 754-4160, 2830-5/86, 2905-A-1 1/87, 3028-2/90, 3029-2/90, 3030-2/90,
3033-5/90, 3098-4/91, 3102-4191, 3120-8/91, 3126-1/92, 3128-5/92, 3142-6192,
3146-7/92, 3153-7/92, 3154-7192, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92,
3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92,
3211-10/93, 3233-5/94, 3243-9/94, 3245-9/94, 3258-12/94, 3275-4/95, 3276-4/95)
8/95