HomeMy WebLinkAboutMunicipal Code Updates 11/2002 - 09/2004 HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
September 2004
Please Remove from Code Please Add to Code
Chapter 1.18 Chapter 1.18
Chapter 13.08 Chapter 13.08
Chapter 17.64 Chapter 17.64
The following Ordinances are being codified at this time.
Municipal Code
Chapter 14.55 Amended by Ordinance 3658
Chapter 13.52 Amended by Ordinance 3659
Chapters 10.04, 10.60, and 10. 68 Amended by Ordinance 3660
Chapter 2.86 Amended by Ordinance 3662
Zoning Code
Chapter 235 Amended by Ordinance 3657
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Joan L. Flynn, City Clerk
Questions regarding these updates?
Call Dale Jones, Sr. Deputy City Clerk, Records Division
(714) 374-1632
Huntington Beach Municipal Code 1.18.010-1.18.010(f)
Chapter 1.18
ADMINISTRATIVE CITATIONS
(3397-7/98,3630-02/04)
Sections:
1.18.010 Applicability
1.18.020 Definitions
1.18.030 Administrative Citation
1.18.040 Citation for Building Violation
1.18.050 Citation Contents
1.18.060 Service of Citation
1.18.070 Amount of Civil Fines
1.18.080 Payment of Civil Fines
1.18.090 Preliminary Review
1.18.100 Request for Administrative Hearing
1.18.110 Waiver of Fine Deposit
1.18.120 Hearing Procedures
1.18.130 Administrative Hearing Decision
1.18.140 Right to Judicial Review
1.18.150 Collection of Unpaid Fines
1.18.010 Applicability.
(a) This chapter makes any violation of the provisions of this code subject to civil fine. (3397-7/98)
• (b) This chapter establishes the administrative procedures for the imposition, enforcement,
collection, and administrative review of civil fines pursuant to Government Code section
53069.4 and the City's plenary police power under its charter. (3397ai98)
(c) The issuance of an administrative citation under this chapter is solely at the City's discretion
and is one option the City has to address violations of this code. By adopting this chapter,
the City does not intend to limit its discretion to utilize any other remedy, civil or criminal,
for such violations that the City may select in a particular case. (3397-7/98)
(d) The purpose of issuing administrative citations pursuant to this chapter is to encourage
voluntary and complete compliance with the provisions of this code for the protection and
benefit of the entire community. (3397-7/98)
(e) Notwithstanding any lease, license or any other instrument or agreement, the owner of any
real property has the right to enter upon his or her own property to the extent reasonably
necessary to abate any nuisance or correct any violation of this code existing thereon. The
provisions of this subsection shall be an implied term of any instrument affecting the right to
possession of real property located in the City of Huntington Beach. (3397-7/98)
(f) Because of the serious blighting conditions that can result affecting the residents'health and
safety, this chapter is intended to impose strict civil liability upon the owners and lessees of
real property for all building,housing, fire and health code and zoning violations that occur
upon the subject premises. (3397-7/98)
•
02/04
1.18.020--1.18.020(k)(3) Huntington Beach Municipal Code
1.18.020 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
(a) Building Violation-Any violation of this code pertaining to building,plumbing, electrical,
or other similar structural or zoning regulations set forth in this code that does not create an
immediate danger to health or safety. (3397-7/98,3630-02/04)
(b) Citation-An administrative citation issued pursuant to this chapter. Citation includes a
Notice of Noncorrection unless the context clearly shows otherwise. (3397-7/98,3630-02/04)
(c) Citee-Person given an administrative citation charging him or her as a responsible person
for a code violation. (3397-7/98,3630-02/04)
(d) City Attorney—The City Attorney or his/her designee. (3630-02/04)
(e) City Treasurer—The City Treasurer or his/her designee. (3630-02/04)
(f) Enforcement officer-Any City employee or agent of the City designated by the Director of
any City department which has the authority and responsibility to enforce provisions of this
code. (3397-7/98,3630-02/04)
(g) Hearing Officer- The person appointed by the City Administrator to serve as the Hearing
Officer for administrative hearings. Prior to conducting hearings the Hearing Officer must
first be certified by the City Attorney as qualified to provide a fair and impartial hearing
based on appropriate education,training and experience. (3397-7/98,3630-02/04)
(h) Issued- Giving a citation to the citee and issuance occurs on the date when a citation is o
personally served on the citee,the date it is mailed to the citee, or the date it is posted on
real property where a property related violation occurs. (3397-7/98,3630-02/04)
(i) Issuing department- The City department that has the authority and responsibility for
enforcing the code section(s) designated on a citation as having been violated. (339777/98,3630-
02/04)
(j) Notice of Noncorrection-A reissuance of an original citation for a building violation which
notes a violation(s) on the original citation has not been corrected within the applicable
correction period. (3397-7/98,3630-02/04)
(k) Responsible person-A responsible person is any of the following: (3397-7/98,3630-02/04) ,
(1) A person who causes a code violation to occur. (3397-7/98)
(2) A person who maintains or allows a code violation to continue,by his or her action or
failure to act. (3397-7/98)
(3) A person whose agent, employee, or independent contractor causes a code violation by
its action or failure to act. (3397-7/98)
•
02/04
Huntington Beach Municipal Code 1.18.020(k)(4)--1.18.040(a)
• (4) A person who is the owner of, and a person who is a lessee or sublessee with the
current right of possession of, real property where a property related code violation
Occurs. (3397-7/98)
(5) A person who is the on-site manager of a business who normally works daily at the
site when the business is open and is responsible for the activities at such premises..
(3397-7/98)
For purposes of this subdivision "person" includes a natural person or legal entity, and the
owners, majority stockholders, corporate officers, trustees, and general partners of a legal
entity. (3397-7/98)
There shall be a legal rebuttable presumption that the record owner of a parcel according to
the County's latest equalized property tax assessment rolls and a lessee or sublessee of a
parcel has notice of any code violation existing on the premises. (3397-7/98)
For the purposes of this chapter,there may be more than one responsible person for a code
violation, and a minor at least 14 years of age may be a responsible person subject to the
provisions of this chapter. (3397-7/98)
1_.18.030 Administrative Citation for Non-building Violation.
(a) Any Enforcement Officer upon determining that a provision of this code,which he or she is
charged to enforce,has been violated has the authority to issue an administrative citation to
any responsible person or persons. An Enforcement Officer may issue a citation for a
violation the officer did not see occur if the officer has determined through investigation that
the responsible person did commit the violation. A responsible person to whom a citation is
issued shall be liable for and shall pay to the City the fine or fines described in the citation
when due pursuant to the provisions of this chapter. (3397-7/98)
(b) Each day a violation of this code exists shall be a separate violation and be subject to a
separate fine. A citation may charge a violation for one or more days on which a violation
exists, and for violation of one or more code sections. (3397-7/98,3630-02/04)
(c) The City may take into consideration the fact that a person has been issued citations when
the City is determining whether to grant, suspend, revoke, or deny any permit, license, or
any type of land use approval for the person and such citations are evidence that the person
has committed acts that are not compatible with the health, safety and general welfare of
other persons and businesses in the vicinity. (3397-7/98,3630-2/04)
1.18.040 Administrative Citation for Building.Violation.
(a) When a citation is issued for a building violation, a thirty(30) day correction period shall be
provided for the correction of the violation and the citee shall correct the violation within
that period. Notwithstanding section 1.18.030,no responsible person for a building
violation shall be liable for a civil fine unless the violation continues after the 30 days
allowed for its correction(plus any extension) and he or she is issued a Notice of
Noncorrection. (3397-7/98)
02/04
1.18.040(b)--1.18.050(a)(11) Huntington Beach Municipal Code
(b) The citee of a building violation may request an extension of the correction period provided
that a request is filed with the Director of the Issuing Department before the 30-day period
ends. The Director may in his or her discretion grant a reasonable extension of the period of
time to correct the violation if the citee has supplied substantial evidence showing that the
correction cannot reasonably be made within the 30-day period. The Director's decision
shall be in writing and is final. The filing for such an extension does not, unless granted,
extend the 30-day correction period or any other time periods set by this chapter. (3397-7/98)
(c) If a building violation has not been corrected by the end of the correction period, the
Enforcement Officer has authority to issue to the responsible person a Notice of
Noncorrection. The citee to whom the Notice of Noncorrection is issued shall be liable for
and shall pay to the City the fine or fines described in the Notice of Noncorrection which
fine shall be due on the date the Notice of Noncorrection is issued. Additional citations may
be issued and fines imposed for every day the violation continues uncorrected from the date
the Notice of Noncorrection is issued and the citee shall be liable for and shall pay to the
City any additional fine which shall be due on the date any new citation is issued. (3397-7/98)
(d) If upon reinspection the Enforcement Officer determines the violation has been corrected,he or
she will issue a Notice of Decision to the citee indicating correction has been made. (3397-7/98)
1.18.050 Citation Contents.
(a) Each administrative citation shall contain the following information: (3397a/98)
(1) Name of the responsible person for the violation of this code. (3397-7/98)
(2) Date on which an inspection established the code violation. (3397-7/98)
(3) Issuing department for the code section(s)violated. (3397-7/98)
(4) The code section violated. (3397-7/98)
(5) Address where the code violation occurred. (3397-7/98)
(6) Description of the violation established by inspection. (3397-7/98)
(7) Amount of the fine for the violation and procedure to pay the fine and avoid a late
payment penalty. (3397a/98)
(8) Designation of a building violation(if applicable), date the 30-day correction period
expires, and how to request an extension of that period, and designation of a Notice of
Noncorrection for a building violation that has not been corrected. (3397-7/98)
(9) Designation of any prior citations, issued for the same code violations, if known. (3397-7/98)
(10) Description of the procedure for requesting a Waiver of Fine Deposit and/or an
Administrative Hearing to contest a citation. (3397-7/98)
(11) A notice that the code violation is a nuisance and that collection of unpaid fines and/or
nuisance abatement costs can be enforced as an assessment or lien against the property
where a property related code violation occurs and that unpaid assessments can result
in the property being sold after three years by the County Assessor as set forth in
section 1.18.150 of this code. (3397-7/98,3630-02/04)
02/04
Huntington Beach Municipal Code 1.18.050(a)(12)-1.18.080(b)
(12) Signature of the Enforcement Officer issuing the citation. (3397-7/98,3630-02/04)
® (13) Date the citation is issued. (3397-7/98,3630-02/04)
(14) Any other information deemed necessary by the City Attorney or City Treasurer for
enforcement or collection purposes. (3397-7198,3630-02/04)
1.18.060 Service of Citation. A citation maybe served as follows:
(a) An Enforcement Officer may personally serve the citation on the citee. The citee is required
to sign a copy of the citation showing his or her receipt of the citation. (3397-7/98)
(b) An Enforcement Officer may mail the citation by certified mail. The citation shall be
mailed to the citee's address shown on the county's last equalized property tax assessment
rolls for a property related violation, or to any address known for the citee for all other
violations. (3397-7/98,3630-02/04)
(c) An Enforcement Officer may post the property in a conspicuous place with a copy of the
citation when the citee resides at an unknown address other than where the violation occurs.
A copy of the citation shall also be mailed via certified mail to the citee at the property
address. (3397-7/98,3630-02/04)
1.18.070 Amount of Civil Fines.
(a) The amount of the fines for violating particular provisions of this code shall be set in a
schedule of fines adopted by resolution by the City Council. The schedule may include
escalating fine amounts for repeat code violations occurring within specified periods of
® time. (3397-7/98)
(b) The schedule of fines may also specify the amount of interest, late payment penalty, and
processing fee owed for any fine not paid when due. A late payment penalty and interest
shall be owed for fines not paid within 30 days of the date of issuance of the citation. (3397-
7/98,3630-02/04)
(c) Fines are due on the day the citation is issued, except(i) fines for building violations shall
be due on the day the Notice of Noncorrection is issued and(ii)when a fine deposit has
been waived pursuant to section 1.18.110 and the Hearing Officer upholds the citation,the
fine shall be due on the date the decision is made and personally served on the citee or the
date the decision is mailed to the citee. (3397-7/98)
1.18.080 Payment of Civil Fines.
(a) Fines shall be paid to and received by the City Treasurer within 30 days of the date of
issuance of the citation. (3397-7/98,3630-02/04)
(b) Payment of a fine shall not excuse the citee from correcting the code violation. The
issuance of a citation and/or payment of a fine does not bar the City from taking any other
enforcement action regarding a code violation that is not corrected, including issuing
additional administrative citations and/or criminal complaints. (3397-7/98)
02/04
1.18.090--1.18.100(b) Huntington Beach Municipal Code
1.18.090 Preliminary Review.
(a) A person issued an administrative citation may request a Preliminary Review, if the request
is made within 14 days of the date the citation is issued. A Notice of Noncorrection of a
building violation shall not be subject to a request for Preliminary Review. (3397-7/98)
(b) To obtain a review, the citee shall go to the City government building where the Issuing
Department is located. The citee must present a copy of the citation and a completed and signed
request form stating the reasons why there was no violation or why he or she is not a responsible
person for the violation. All requests shall be date stamped upon receipt. (3397-7/98)
(c) The Preliminary Review shall be conducted by a City employee designated by the Director
of the Issuing Department. The reviewer shall not be the Enforcement Officer who issued
the citation. The purpose of the review is to uncover and cancel any mistakenly issued
citations due to errors that are easily verifiable, and not to resolve factual disputes
concerning the violation that is the subject of the citation. (3397-7/98)
(d) The Preliminary Review will be decided at the time the request is filed if reasonably
practical as determined by the reviewer. It shall consist of a review of the citation and the
written request form and any other evidence submitted at the time of the request by the citee
and, at the discretion of the reviewer, any other related information. Where the review is not
completed within 5 working days of receipt of the request, the request shall be deemed
denied. (3397-7/98)
(e) The citee shall be notified of the results of the review by being given a Notice of Decision
form stating the review decision. The citee may also be given additional notice by
telephone or facsimile when practicable. (3397-7/98)
(f) A request for Preliminary Review does not extend any time periods for compliance,
including the fine due date, the time any correction period ends, and the time to request an
Administrative Hearing. (3397-7/98)
(g) If the reviewer concludes that no code violation occurred or that the citee was not
responsible for the violation, the citation shall be canceled. (3397-7/98)
1.18.100 Request for Administrative Hearing.
(a) Any person receiving an administrative citation may contest it by filing a request for an
Administrative Hearing, except that a hearing for a building violation may not be requested
unless and until a Notice of Noncorrection is issued. To obtain a hearing, the citee shall file
a signed written request form contained on the reverse side of the citation and indicate the
grounds for contesting the citation and fine. A citee may contest the citation by denying that
a violation occurred, by denying that it was not corrected within the correction period, if
applicable, or by denying that the citee is a responsible person for the violation. (3397-7198)
(b) To be effective and complete, the request must be received by the City Attorney within 30
days of the date the citation was issued, and be accompanied by evidence of payment of the
full amount of the fine. Where a request and fine deposit are mailed by the citee,the request
and fine deposit shall be deemed filed on the date received by the City Treasurer. All
requests shall be date stamped upon receipt. (3397-7/98,3630-02/04)
02/04
Huntington Beach Municipal Code 1.18.100(c)--1.18.120(b)
(c) The person requesting the Administrative Hearing may file a written declaration with the
City Attorney before the hearing or personally attend the hearing on the date, time and place
specified by the City Attorney. A failure to file a written declaration before the hearing or
personally attend the hearing will be considered a non-appearance. Non-appearance by the
citee shall constitute an abandonment of the request, unless the hearing was continued
pursuant to section 1.18.120(f). (3397-7/98,3630-02/04)
1.18.110 Waiver of Fine Deposit.
(a) A person who files a request for an Administrative Hearing may also request at the same
time a hardship waiver of the fine deposit. To seek such a waiver and obtain a separate
hearing on the request, the citee must check the box indicating this request on the form
contained on the reverse side of the citation and attach a statement of the grounds for the
request. To be effective, this form requesting the waiver and the Administrative Hearing
must be received by the City Attorney within 30 days of the date the citation is issued.
(3397-7/98,3630-02/04)
(b) The person requesting the waiver bears the burden of establishing by substantial evidence
that he or she does not have the financial ability to make the deposit of the fine. The citee
shall appear at the hearing as set by the City Attorney's office or file a written declaration
with the City Attorney prior to the hearing. A failure to file a written declaration before the
hearing or personally attend the hearing will be considered a non-appearance. Non-
appearance shall constitute an abandonment of both the requests unless the hearing was
continued pursuant to section 1.18.120(f). (3397-7/98,3630-02/04)
(c) The waiver request will be decided by the Hearing Officer at a separate hearing before the
Administrative Hearing on the contest of the citation. At the conclusion of the hearing on
the waiver request, the Hearing Officer shall issue a decision that the fine deposit is or is not
• waived. A copy of the Notice of Decision shall be delivered to the citee at the end of the
hearing on the waiver request. (3397-7/98,3630-02/04)
(d) If the waiver is denied, the citee shall pay the fine amount within fourteen days. Failure to
make the deposit by the time required shall be deemed an abandonment of the contest.
Upon receipt of the fine amount, the administrative hearing to contest the citation shall be
set pursuant to Huntington Beach Municipal Code §1.18.120. (3397-7/98,3630-02/04)
(e) The filing of a request for hardship waiver of the fine deposit does not extend any time
periods set forth in this chapter, except the time when the fine deposit must be made. The
Hearing Officer's decision on the waiver request is final and not subject to an appeal
pursuant to section 1.18.140. (3397-7/98,3630-02/04)
1.18.120 Hearinla Procedures.
(a) The hearing shall be conducted by a Hearing Officer on the date,time and place specified by
the City Attorney. (3397-7/98,3630-02/04)
(b) The City Attorney shall ensure that the pertinent citation records are delivered to the
Hearing Officer for a citation set for a hearing, including information showing all fine
deposits and waivers granted. The City Attorney shall also make available to the citee
before the hearing a copy of any additional reports concerning the citation that are provided
to the Hearing Officer. (3397-7/98,3630-02/04)
•
02/04
1.18.120(c)--1.18.130(b) Huntington Beach Municipal Code
(c) The citee shall be given the opportunity to testify and to present evidence relevant to the
code violation specified in the citation. A parent or legal guardian of a citee who is a minor,
under 18 years of age, shall accompany the citee. (3397-7/98,3630-02/04)
(d) The citation and any other reports prepared by the Enforcement Officer, or at his or her
request, concerning the code violation or attempted correction of the code violation that are
provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie
evidence of the code violation and the facts stated in such documents.(3397-7/98)
(c) Neither the Enforcement Officer nor any other representative of the City shall be required to
attend the hearing,nor shall the Hearing Officer require that there be submitted any
evidence, other than the citation, that may exist among the public records of the City on the
violation. However, any such appearance and/or submission may be made at the discretion
of the Enforcement Officer or any City employee or agent. (3397-7/98)
(f) The Hearing Officer may continue a hearing if a request is made showing good cause by the
citee or a representative of the City. All continuance requests shall either: (i)be made in
person at the hearing by the citee or his or her representative if the citee is physically unable
to attend, or(ii)be made by a written request received by the City Attorney at least 24 hours
before the hearing date. If the continuance is granted, a new hearing date shall be set within
45 days. If the continuance is denied,the hearing shall proceed then and there as scheduled,
and if the citee is not present the request(s) shall be deemed abandoned in accordance with
subsection H below. The Hearing Officer's decision is final and he or she shall either
personally give the Notice of Decision to the citee or the representative if present at the end
of the hearing or request that the notice be mailed by the City Attorney. (3397-7/98,3630-02/04)
(g) The hearing shall be conducted informally and the legal rules of evidence need not be
followed. The Hearing Officer does not have the authority to issue a subpoena. (3397-7198) •
(h) The failure of the citee to appear at the hearing, unless the hearing was continued per
subsection(f) above, shall constitute an abandonment of the request for waiver of the fine
deposit and/or the contest, and a failure to exhaust administrative remedies concerning the °
violation set forth in the citation. The fine deposit shall be credited by the City upon the
fine due for the violation. The failure to appear by the citee shall be noted on the Notice of
Decision by the Hearing Officer which will be mailed to the citee by the City Attorney.
(3397-7/98,3630-02/04).
1.18.130 Administrative Hearing Decision.
(a) After considering all the evidence and testimony submitted at the administrative hearing,the
Hearing Officer shall issue a written decision to uphold or cancel the citation. The Hearing
Officer has no discretion or authority to reduce or modify the amount of any fine. The
decision will be made on a Notice of Decision form and will state the reasons and evidence
considered for the decision. The decision of the Hearing Officer shall be made at the
conclusion of the hearing and shall be final. The Notice of Decision for the Administrative
Hearing shall be personally delivered to the citee at the conclusion of the hearing. (3397-7/98)
(b) If the decision is to uphold the citation,the City shall keep the fine deposited as payment
upon the fine due. If the decision is to cancel the citation, the City shall refund the fine
deposit to the citee within 30 days of the filing of the decision. If the citation is upheld and
the fine deposit has been waived, the fine shall be due on the date the decision is given to
the citee at the end of the hearing by the Hearing Officer. (3397-7/98)
02/04
Huntington Beach Municipal Code 1.18.130(c)--1.18.150(a)(4)
(c) The Hearing Officer's continued employment,performance evaluation, compensation, and
benefits shall not directly or indirectly be linked to the amount of citations upheld or
canceled by the officer. (3397-7/98)
® 1.18.140 Right to Judicial Review.
(a) The citee may seek judicial review of the Administrative Hearing decision by filing an
appeal with the West Justice Center of the Superior Court within 20 calendar days after the
citee receives a copy of the Notice of Decision at the conclusion of the hearing in
accordance with the provisions of California Government Code section 53069.4. The
appeal filed with the court must also contain a proof of service showing a copy of the appeal
was served upon "City of Huntington Beach (Attention: City Attorney)." The citee must
pay to the West Justice Center a$25 filing fee when the appeal is filed. (3397-7/98,3630-02/04)
(b) No appeal is permitted from a decision on a request for preliminary review, or an extension
of the 30-day correction period for building violations, or a request for waiver of the fine
deposit, or where the citee is deemed to have abandoned the contest of the citation by an
unexcused nonappearance at the hearing or failure to deposit the fine. (3397-7/98)
(c) The City Attorney, shall forward to the Court within 15 days of its request, the pertinent
citation documents for any case appealed to that court. If the Court cancels any citation,the
City will refund any fine deposit made and the $25 appeal filing fee. (3397-7/98,3630-02/04)
1.18.150 Collection of Unpaid Fines.
(a) The City at its discretion may pursue any and all legal and equitable remedies for the
collection of unpaid fines, interest and penalties.
® (1) Pursuit of one remedy does not preclude the pursuit of any other remedies until the
total fines,interest and penalties owed by a person under this chapter have been
collected.
(2) The City may refuse to issue, extend, or renew to any person,who has unpaid
delinquent fines, interest,penalties, liens or assessments, any City permit, license, or
other City approval pertaining to the property that is the subject of the fine and citation.
(3) Any permit, license, or any type of land use approval issued by the City to a person
who has unpaid fines, interest and penalties totaling$1,000 or more that remain
delinquent for 30 days or longer shall automatically be suspended. The suspension
becomes effective 10 days after the day notice of the suspension is sent via certified,
U.S. mail,postage prepaid, addressed to the person, and continues until the
delinquency is paid in full. The person may request a review hearing pursuant to the
procedures in section 1.18.090 on the issue of delinquency,if the request is filed before
the 10 day period ends. Continuing to operate under a suspended permit, license or
approval shall be grounds for the City Council to revoke the permit, license or
approval. Revocations may be made by the City Council at a public hearing for which
the person is given at least 10 days prior written notice. (3397-7/98,3630-02/04)
(4) The City Attorney, at his or her discretion,may also issue a criminal complaint to any
citee for a code violation when the applicable fine, interest or penalty has not been
paid.
02/04
1.18.150(b)--1.18.150(g) Huntington Beach Municipal Code
(b) Any violation of this code shall constitute a nuisance. To compel code compliance, the City
may seek to abate the nuisance and collect the costs incurred by means of a nuisance
abatement lien and/or special assessment against the property where a property related
violation occurred in accordance with the procedures in Government Code sections 38773.1
and 38773.5. Any unpaid delinquent civil fines, interest and penalties may be recovered as
such a lien or special assessment against the property of the responsible person who is the
owner of the property where the violation occurred.
(c) To pursue an abatement of a code violation as a nuisance and recover any delinquent civil
fines, interest and penalties as a lien or special assessment,the following conditions must be
met:
(1) The City Treasurer must submit to and receive from the City Council a resolution
certifying the amounts of the liens and special assessments sought to be collected from
each property owner; and
(2) The total amount of the delinquent fine, interest and penalty against the property owner
must be $250 or more and be delinquent for 60 days or more.
(d) The City Treasurer is authorized to take any steps necessary to enforce collection of the lien
or special assessment, including but not limited to the following:
(1) Request the County Recorder to record a notice of any lien or special assessment
certified by the City Council.
(2) Request the County Tax Collector to collect any special assessments certified by the
City Council.
The City Treasurer may pursue these remedies whether or not the City is pursuing any other
action to terminate an ongoing code violation that was the basis for the fine.
(e) All citations shall contain a notice that unpaid fines, interest and penalties are subject to the
assessment and lien collection procedures of this section. This notice shall satisfy the notice
requirements of Government Code sections 38773.1 and 38773.5 when a citation is
personally served on the citee. In addition, the City Clerk shall by first class mail send
notice to each property owner at least 10 days before the City Council considers the
resolution to certify the amounts of the liens and special assessments stating the date,time
and location of the meeting. The lien or special assessment shall be imposed on the date the
citation for the code violation is issued to the responsible person and becomes effective
upon the recording of a Notice of Lien or Special Assessment by the County Recorder.
(3397-7/98,3630-02/04)
(f) A citee may contest the amount and/or validity of any lien or special assessment for a civil
fine at the public hearing when the City Council considers the resolution to certify the liens
and assessments. Such contests by a citee shall be limited to the amount of the lien or
assessment and may not consider the validity of the underlying code violation. Pursuit of
such an objection by a responsible person is necessary to exhaust the administrative
remedies concerning a legal challenge to the validity of any such lien or special assessment.
(g) The mother, father and the legal guardian if there is no living parent, of a citee who is a
minor shall be liable for any fines imposed upon the minor pursuant to the provisions of this
chapter. Any such fines may be collected from the minor or a parent or guardian.
02/04
Huntington Beach Municipal Code Index
Chapter 13.08
• BEACH REGULATIONS
(80-8/11,341-10/30,344-10/31,554-12/49,769-7/60,831-4/61,861-9/61,911-7/62,Urg 1306-3/67, 1509-7/69, 1535-11/69,
1588-8/70,1743-5/72,Urg 1776-9172, 1856-8/73,1935-11/74,2138-1/77,2768-5/85,2851-8/68,2882-12/86,2907-8/87,
2964-10/88,3101-5/91,3123-11/91,Urg.Ord.3329-5/96,3355-7/97,360"/03,3615-10103,3656-8/04)
Sections:
13.08.005 Definitions
13.08.010 (Repealed Ord. No. 3606-6/03)
13.08.020 Defacing and/or destroying public property
13.08.025 Structures/Fumiture
13.08.030 Littering
13.08.040 (Repealed Ord No 3606-6/03)
13.08.050 (Repealed Ord No 3606-6/03)
13.08.051 Tents and canopies
13.08.060 Fires
13.08.070 Dogs and other animals
13.08.080 Soliciting
13.08.090 Alcoholic beverages-Consumption
13.08.100 Alcoholic beverages-Permits-Terms
13.08.110 Alcoholic beverages-Permits-Revocation or suspension
13.08.115 Smoking boundaries
13.08.120 Hazardous water sports
13.08.130 Hazardous articles
13.08.135 Motorized vessels
13.08.140 Beach games and practices
13.08.150 Digging
® 13.08.160 Spear Guns
13.08.170 Jumping from the Pier and public bridges
13.08.180 Climbing on rails of the Pier or bridges
13.08.190 Climbing on lifeguard stations
13.08.195 Tampering with Lifesaving Equipment
13.08.200 Leaving objects
13.08.210 False alarms
13.08.220 Interfering with lifeguard
13.08.225 Interfering with park ranger
13.08.230 Causing object to reflect
13.08.240 Curfew
13.08.250 (Repealed Ord. No. 3606-6/03)
13.08.260 Electrical systems
13.08.270 Noise
13.08.280 Vehicles-Regulation
13.08.285 Motor Vehicle Permits
13.08.290 Vehicle and parking regulation-Pier and Pier Plaza
13.08.300 Beach parking lot regulations
13.08.310 Fishing from the Pier
13.08.320 (Repealed Ord. No. 3606-6/03)
13.08.330 Removal of sand
13.08.340 Glass containers on the Beach
13.08.350 Beach and ocean closure-Authority
13.08.360 Enforcing Officer
13.08.370 Violation-Penalty
13.08.380 Violation-Alternative remedies
8/04
13.08.005-13.08.005(1) Huntington Beach Municipal Code
13.08.005 Definitions. For the purposes of this Chapter, the following terms shall have the
respective meanings set forth herein,unless the context in which they are used clearly indicates
to the contrary: (3606-6/03)
(a) "Alcoholic beverage" includes alcohol, spirits, liquor,wine,beer and every liquid or solid
containing alcohol, spirits,wine or beer and which contains one-half of 1 percent or more
of alcohol by volume and which is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances. (3606-6/03)
(b) "Beach"includes that strip of land owned and/or operated by the City of Huntington
Beach, lying between Pacific Coast Highway and the mean high tide line of the Pacific
Ocean. (3606-6103)
(c) "Beach Parking Lot"means roads, driveways or parking area to service the Beach, Pier or
Pier Plaza, excluding those areas located on a street or highway. (3606-6103)
(d) "Beach Service Road"means the paved roadway on the Beach that extends from Beach
Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean. (3606-6/03)
(e) "Director"refers to the Director of the Community Services Department and/or his/her
designee. (3606-6/03)
(f) "Occupied"means used for the purpose of protecting human beings from wind, sun,rain
or public view. (3606-6/03)
(g) "Pacific Ocean"includes all waters of the Pacific Ocean to a point three miles out from
the mean high tide line,parallel to the three miles out from the Beach whether or not the
lands lying under said tidal waters are privately owned or publicly owned including but
not limited to the Water Activity Zone. (3606-6/03)
(h) "Person"means any individual, firm, copartnership,joint venture, association, social
club, fraternal organization, corporation or any other group or combination, acting as a
unit. (3606-6103)
(i) "Pier"means the appurtenance beginning at the intersection of Pacific Coast Highway
and Main Street on the Beach,which is a platform extending into the Pacific Ocean and
supported by piles or pillars. (3606-6/03)
(j) "Pier Plaza"means the developed area on the Beach immediately north and south
adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots
adjacent thereto. (3606-6/03)
(k) "Smoke or smoking"means the carrying or holding of a lighted pipe, cigar, cigarette, or
any other lighted smoking product or equipment used to burn any tobacco products,
weed,plant, or any other combustible substance. Smoking includes emitting or exhaling
the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment used for
burning any tobacco product, weed, plant, or any other combustible substance. (3656-8/04)
(1) "Water Activity Zone"means the area that extends 1,000 feet seaward into the Pacific
Ocean from the mean high tide line. (3606-6/03,3656-8/04)
08/04
Huntington Beach Municipal Code 13.08.005(m)-13.08.070(b)
(m) "Wheeled conveyance" shall include,but not be limited to: automobiles,bicycles,
skateboards,rollerblades,rollerskates, and strollers. (3606-6/03,3656-8/04)
13.08.020 Defacing and/or destroying public property. No person shall cut, carve,hack,
remove, deface or otherwise injure any fence,post,toilet, lavatory, restroom, building, sign or
other structure, at or on the Beach, Pier or Pier Plaza,or to place writing upon the interior or
exterior of any fence, post,toilet, lavatory, restroom, building, sign or other structure therein, any
initial,name writing, printing, drawing or vulgar,profane or obscene word or picture.
(769-7/60,3606-6/03)
13.08.025 Structures/Furniture. No persons shall temporarily or permanently, construct,
enlarge, alter, repair,move or convert any structure or place any furniture on the Pier, Pier Plaza,
Beach Service Road and Beach Parking Lot area, except by permit issued by the Director.
(3606-6/03,3615-10/03)
13.08.030 Littering. No person shall deposit or discard or leave any handbill,bottle, can or
rubbish or trash or debris on the Beach, other than in those receptacles provided for such
purpose, or to deposit in any commode or urinal in any public toilet any newspaper,rag,part of
clothing or any item likely to clog said commode or urinal. This section shall not be interpreted
to prohibit distribution of any constitutionally protected material.
(80-8111,769-7/60,Urg 1306-3/67,3606-6/03)
13.08.051 Tents and canopies.
(a) No person shall erect, maintain or occupy any canopy in excess of 100 square feet, or any
® tent without at least two (2) sides completely open to public view, on the Beach area
bounded by the Beach Service Road and the Pacific Ocean, except by permit issued by
the Director. (3606-6/03)
(b) No person shall erect,maintain or occupy any canopy or any tent on the Beach Parking
Lot, Beach Service Road, Pier or Pier Plaza except by permit issued by the Director.
(3606-6/03)
13.08.060 Fires. No person shall light,kindle, set or maintain fires or coals thereon, except in
the fire rings provided therefor, or in self-contained BBQ's kept within six (6) feet of a fire ring,
except by permit issued by the Director. Disposable heating BBQ materials shall not be
deposited anywhere except within the inside perimeter of the fire ring. The heating element of
self-contained BBQs must be raised at least eighteen (18) inches above the surface of the sand.
(769-7/60,Urg 1306-3/67,3606-6/03)
13.08.070 Does and other animals.
(a) No person having the care, charge or control of any animal, domesticated or wild, shall
permit or allow said animal to be, under any circumstances or conditions,on or upon that
Beach area bounded by the Beach Service Road and the Pacific Ocean, including the
Water Activity Zone except that upon those Beach areas, and the Water Activity Zone,
located north of the line created by extending the northern curb line of 22"d Street to the
Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than
six(6) feet in length are permitted. (344-10/31,554-12/49,769-7/60,2907-8/87,3355-7/97,3606-6/03)
(b) No person shall permit any animal, domesticated or wild,to be left unattended on the
Beach. (3606-6/03)
8/04
13.08.080-13.08.110(e) Huntington Beach Municipal Code
13.08.080 Soliciting. No person shall engage in the business of soliciting, distributing, selling
or peddling any liquids or edibles for human consumption, or to hawk,peddle or vend any goods,
wares or merchandise on the Beach, except pursuant to a permit issued by the Director.(769-7/60,
3606-6103)
13.08.090 Alcoholic beverages--Consumption. Except as hereinafter provided,no person
shall, on or upon the Beach, consume or sell, any alcoholic beverage, except pursuant to a permit
issued by City Council. (769-7/60,Urg 1306-3/67, 1588-8/70,3606-6/03)
13.08.100 Alcoholic beverages--Permits--Terms.
(a) The Director may grant permits for the sale and consumption of alcoholic beverages
under the following terms and conditions: (3606-6/03)
1. The kind or kinds of permitted alcoholic beverages shall be identified in the
permit. (3606-6/03)
2. Each permit shall require that all alcoholic beverages be sold and consumed on
permittee's premises, the location and area of permittee's premises to be set forth
in said permit. (3606-6/03)
3. That there be compliance with all other city, county and state laws and
regulations. (3606-6/03)
4. Such other terms and conditions as are reasonably required to protect the peace,
health, welfare or safety of the public. (3606-6/03)
5. The permit shall not be transferable and shall be valid only on dates specified.
(3606-6/03)
(b) Nothing herein contained shall be construed as permitting the sale,purchase, distribution,
or consumption of any alcoholic beverage on the Beach, except pursuant to and as limited
by a permit, as above set forth. (769-7/60,Urg 1306-3/67, 1588-8/70,3603-6/03)
13.08.110 Alcoholic beverages--Permit--Revocation or suspension. Permits are subject to
suspension or to revocation by the City Council after notice to permittee and public hearing, on
any of the following grounds:
(a) Permittee has made a substantial misrepresentation in his application for permit;
(b) Permittee or any of his employees has violated any laws or regulations concerning the
operation of the business, or any terms or conditions of the permit;
(c) Permittee or any of his employees has been convicted of any crime involving moral
turpitude;
(d) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous
drugs without reporting such incidents to the Police Department without unnecessary
delay or not more than twenty-four(24)hours after the commission thereof;
(e) Permittee or any of his employees has caused or permitted any breach of the peace on
such premises, or has performed or permitted any act against the peace, health,welfare or
safety of the public. (769-7/60,Urg 1306-3/67, 1588-8/70)
06/03
Huntington Beach Municipal Code 13.08.115-13.08.150
® 13.08.115 Smoking Boundaries. No person shall smoke on the Beach, Pier or Pier Plaza unless
the Director has designated a specific signed smoking area. (3656-8/04)
13.08.120 Hazardous water sports. The following regulations shall apply to water sports:
(a) In order to protect the public health, safety and welfare, the Director shall set the hours
and areas during which no person within the Water Activity Zone,based on prevailing
weather,water conditions, density of use and/or other hazard inducing conditions, shall
use or have in his possession any surfboard,wind surfboard,paddleboard,bodyboard,
skimboard, canoe,boat or any similar object made entirely or partially of wood, metal,
hard plastic or any other hard substance. (3606-6/03)
(b) The Director shall give notice of the time and area during which hazardous water sports,
as defined by Section 13.08.120 (a), are prohibited. Such prohibition shall be effective
when a yellow flag or sign having a solid black circle in the center, commonly known as a
"black ball" flag or sign is prominently displayed from a lifeguard tower, station,Pier or
similar structure. (3606-6/03)
(c) During the times the "black ball' flag or sign is displayed, only swimming and bathing
shall be permitted in the Water Activity Zone within two hundred yards of the point of
the display of the "black ball' flag or sign. (3606-6/03)
(d) No person shall fail, refuse or neglect to leave the Water Activity Zone when such
restriction and prohibition, as set out in this section, are in force. (3606-6/03)
(e) Notwithstanding any provision of this section, the Director or his/her authorized agent,
® may from time to time designate by permit, certain areas to be used exclusively for an
event. Such designation may be revoked at any time and the area covered by such
designation may be enlarged or reduced at any time. No person shall enter in such area so
designated except while participating in the permitted special or specific event.
(769-7/60,831-4/61,Urg 1306-3167,1743-5/72,Urg 1776-9/72,1856-8173,3606-6/03)
13.08.130 Hazardous articles. No person shall use any surfboard,paddleboard, skimboard,
bodyboard,wind surfboard, rubber life raft, canoe,boat, or any similar object made entirely or
partially of wood, metal, glass, hard plastic or any other hard substance at any time, on the Beach
or in the Water Activity Zone in a manner that constitutes a hazard to any other person.
(769-7/60,Urg 1306-3/67,3606-6/03)
13.08.135 Motorized vessels. No person shall operate or cause to operate any motorized vessel,
boat, or personal watercraft in the Water Activity Zone unless authorized by the Director.
(3606-6/03)
13.08.140 Beach games and practices. No person shall use on the Beach or in Water Activity
Zone any athletic apparatus, object or game in a manner that constitutes a hazard to any person or
conduct or participate in any sport or game that constitutes a hazard to any person.
(769-7/60,Urg 1306-3/67,3606-6/03)
13.08.150 Digging. No person shall dig or cause the digging of any hole in the sand exceeding a
depth of two feet. Any person who digs, or causes to be dug, any hole upon the Beach shall fill
the hole before leaving the Beach. (769-7/60,3606-6/03)
08/04
13.08.160-13.08.240(b) Huntington Beach Municipal Code
13.08.160 Spear guns. No person shall have any spear gun or similar underwater device in his
or her possession on the shore of the Beach unless the point of such device is covered by a
sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be
kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the
Beach. (769-7/60,Urg 1306-3/67,3606-6/03)
13.08.170 .lumping from the Pier and public bridges. No person shall dive,jump or enter the
water from the Pier or public bridge or any part thereof, provided, however,that this section shall
not apply to the regularly employed lifeguard personnel of the City who are engaged in lifeguard
training or in emergency jumps from the Pier or bridges for the purpose of saving lives and/or
property. (769-7/60,911-7/62,3606-6/03)
13.08.180 Climbing on rails of the Pier or bridges. No person shall sit, walk or balance on the
rails of the Pier or public bridges or walkways or climb upon, over or under such rails, or sit,
walk, balance or climb upon or over any cement walls which may be adjacent to such rails.
(769-7/60,911-7/62, 1935-11/74,3606-6/03)
13.08.190 Climbing on lifeguard stations. No unauthorized person shall climb, sit, stand or
cause someone else to climb, sit or stand on any lifeguard station or ladder on the Beach or Pier
unless told to do so by an official employee of the City. (769-7/60,Urg 1306-3/67,3606-6/03)
13.08.195 Tampering with Life Saving Equipment. No person shall tamper with lifesaving
equipment, structures or buoys on the Beach or on the Pier. (3606-6/03)
13.08.200 Leaving objects. No person shall lay, store,hang or cause to be laid, stored, or cause
to be hung any object on, against, or upon any lifeguard station or municipal structure except by
permit issued by the Director. (Urg 1306-3/67,3606-6/03)
13.08.210 False alarms. No person shall cause a false rescue or call for help when it is not
needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his tower or to
have his attention drawn to a false alarm. (769-7/60,Urg 1306-3/67)
13.08.220 Interfering with lifeguard. No person shall willfully resist, delay or obstruct any
lifeguard in the discharge or attempt to discharge any duty of his position. (Urg 1306-3/67)
13.08.225 Interfering with park ranger. No person shall willfully resist, delay or obstruct any
Park ranger in the discharge or attempt to discharge any duty of his position.
13.08.230 Causing object to reflect. No person shall use a mirror, glass or any similar object to
cause the sun to reflect thereon sous to interfere with the vision of any lifeguard or other
person(s). (Urg 1306-3/67, 1535-11/69, 1743-5/72)
13.08.240 Curfew.
(a) Except as otherwise specified, no person shall be on the Beach area bounded by the
Beach Service Road and the Pacific Ocean including the Water Activity Zone between
the hours of 10:00 p.m. and 5 a.m. except upon official business of the City or by permit
issued by the Director. In the event of special circumstances so warranting,the Director,
in his/her judgment, is authorized and empowered to modify temporarily the hours during
which the Beaches are closed. Said modification to be filed with the City Administrator
at least ten days prior to the requested date and posted conspicuously.
(769-7160,861-9/61,Urg 1306-3/67,3606-6/03)
(b) Pier and Pier Plaza Curfew. No person shall remain on or upon the Pier or Pier Plaza
between the hours of midnight and 5:00 a.m. except by permit issued by the Director.
(3606-6/03)
06/03
Huntington Beach Municipal Code 13.08.260-13.08.280(t
• 13.08.260 Electrical systems. No person shall use any electrical outlets on the Beach without
first obtaining written consent from the Director and paying such fees as may be prescribed.
(Urg 1306-3/67,1509-7169,3606-6/03)
13.08.270 Noise. No person shall play, use or operate, or permit to be played,used or operated,
any instrument,machine or device, for producing or reproducing sound upon the Beach, at such a
volume as unreasonably to disturb the peace, quiet and comfort of persons who are not voluntary
listeners thereto, after having been warned. (Urg 1306-3/67,1743-5/72, 1935-11/74,3606-6/03)
13.08.280 Vehicle and Parking-Regulation-Beach.
(a) No person shall operate or possess any motor driven cycle, motor driven bicycle,
motorcycle, automobile,motor truck or other motorized vehicle or conveyance
(regardless of power source or size) on the Beach other than for law enforcement,
lifesaving or emergency purposes, or for Beach maintenance purposes, except by permit
issued by the Director;nor on any roads on which signs are posted prohibiting such
activity,nor in any manner or direction prohibited by posted signs,nor on any Beach
other than on the roads, drives or parking areas designed for such purposes.
(Urg 1306-3/67,2138-1/77,3606-6/03)
(b) No person shall operate any wheeled conveyance on the Beach service road if said
wheeled conveyance has been prohibited by the Director and said prohibition has been
properly posted. (3606-6/03)
(c) Exceeding Speed Limit.
• 1. No person shall operate any wheeled conveyance of any type on the Beach or
Beach service road at a speed in excess of 10 miles per hour unless a greater speed
is posted. The maximum speed limit when pedestrians are present shall be five
(5)miles per hour. (urg 1306-3/67,Urg 2768-5/85,2851-8/86,3123-11/91,3329-5/96,3606-6/03)
2. No person shall operate any wheeled conveyance of any type on the Beach service
road at a walking speed in excess of two and one-half(2.5)miles per hour,
between designated points,when the yellow lights are flashing. (3329-5/96,3606-6/03)
(d) Delivering concessions. During the period of June 15 to September 15, any and all
commercial motor vehicles of any type,must make their deliveries to Beach concessions
between the hours of 6 a.m. and 11 a.m., except by permit from the Director. During all
other times of the year, deliveries must take place during Beach non-curfew hours. (urg
1306-3/67,3606-6/03)
(e) Parking. No person shall park any vehicle except in designated parking areas;provided,
however, that the Director is authorized to permit parking in non-designated areas when,
in his/her opinion, such parking will not interfere with Beach area operations.
(Urg 1306-3167,3606-6/03)
(f) Traffic control signs. The Director is authorized and directed to erect and maintain signs
at locations he deems appropriate, indicating the speed limits established by the City
Council for the Beaches, along roadways and streets herein. The Director is also
authorized to designate parking areas and traffic patterns and to erect and maintain signs
indicating such areas and patterns. (Urg 1306-3/67,3606-6/03)
•
06/03
13.08.285-13.08.300(d) Huntington Beach Municipal Code
13.08.285 Motor Vehicle Permits. Any person desiring to access the Beach or Pier with a •
vehicle for delivery, maintenance,transportation or any other service must obtain a permit from
the Director. (3329-5/96,3606-06/03)
13.08.290 Vehicle and parking regulation-Pier and Pier Plaza. Pursuant to section 13.08.280
of this Chapter,the following shall apply: (3606-06/03)
(a) Speed Limit. No person shall operate any wheeled conveyance upon the Pier or Pier
Plaza in excess of five(5)miles per hour. (3606-6/03)
(b) Heavy Vehicles. No person shall drive or permit to be driven any vehicle of any kind or
character whatsoever, upon the Pier or Pier Plaza of a gross weight in excess of twenty
thousand(20,000)pounds. (3606-6/03)
(c) Roller Skates, in-line skates, skateboards and scooters on the Pier or Pier Plaza. No
person shall use any roller skates, in-line skates, skateboards or scooters on the Pier or
Pier Plaza at any time. These items must be carried if brought on the Pier or Pier Plaza.
(3606-6/03)
(d) Parking. No person shall park a vehicle on the Pier or Pier Plaza, unless he possesses a
written permit from the Director allowing him to do so. No person shall leave a vehicle
standing or unattended on the Pier or Pier Plaza at any time. (3606-6/03)
(e) Unauthorized Vehicles Prohibited. No person shall push or operate any automobile,
motorcycle, truck, or any other motor driven vehicle or conveyance upon the Pier or Pier •
Plaza, except by permit issued by the Director. (3606-6/03)
(f) Bicycles on Pier. No person shall ride a bicycle or any similar type vehicle on the Pier or
Pier Plaza, except by permit issued by the Director. Bicycles or similar type vehicles may
be walked or pushed on the Pier or Pier Plaza. No bicycle or similar type vehicle shall be
chained, cabled or locked by any means to the railings on the Pier, ramps, stairs, or
parking lot except to the bicycle racks provided therefor. (3606-6/03)
(g) 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. During all other times, deliveries must be made during
non-curfew hours. (3606-6/03)
13.08.300 Beach parking lot regulations. The following regulations will apply to parking
in any of the City-owned and operated Beach parking lots: (3606-6/03)
(a) Parking is allowed within designated spaces only. (3606-6/03)
(b) There shall be no parking between 10:00 p.m. and 5:00 a.m. except by permit issued by
the Director. (3606-6/03)
(c) Any deviation from this section will be by permission of the Director and shall be
conspicuously posted. (3606-6/03)
(d) No loitering or obstructing of flow of traffic will be allowed in the parking lot by any
person or persons. (3606-6/03) S
06/03
Huntington Beach Municipal Code 13.08.300(e)-13.08.310(i)
® (e) No person shall obstruct or cause to be obstructed any entrance or exit in the parking lot.
(3606-6/03)
(f) No trailers or similar vehicles will be allowed in the parking lot except by permit issued
by the Director. (3606-6/03)
(g) Fees for parking shall be established by resolution of the City Council. (3606-6/03)
(h) Any vehicle leaving the parking lot and returning will be required to pay on re-entering.
(3606-6/03)
(i) Number of parking permits per concession owner will be determined by the Director.
(3606-6/03)
(j) The Director shall have the authority to designate reserved parking areas in City-owned
and/or operated Beach parking lots. (3606-6/03)
(k) No unauthorized vehicle shall park in a reserved parking area where signs are posted
giving notice of such reserved parking. (3606-6/03)
13.08.310 Fishing from the Pier. Fishing is allowed from the Pier,but the following acts are
prohibited: (3606-6/03)
(a) Overhead Casting. Cast a fishing line, either with or without a fishing pole, over the top
railing of the Pier. (3606-6/03)
S (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. (3606-6103)
(c) Extra Lines. No person shall have more than two (2) fishing lines in the water under or
near the Pier at one time. (3606-6/03)
(d) Projecting Poles. No person shall allow or permit any fishing pole to extend inward from
the Pier rail to a distance of more than four(4) feet. (3606-6/03)
(e) Cleaning of Fish or Mussel. No person shall place, cut or clean any fish,mussel or bait,
or any other marine life directly upon any bench or seat placed upon the Pier or upon the
floor or railings of the Pier except in the areas provided therefore. (3606-6/03)
(f) Lobster Traps. No person shall have more than two (2)traps in the water under or near
the Pier at any one time. A person shall attend said traps at all times. (3606-6/03)
(g) Feeding Wildlife. No person shall provide food,bait or other material in a manner as to
feed wildlife upon the Pier. (3606-6/03)
(h) 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. (3606-6/03)
(i) No person shall use the Pier railing for leverage to pull fishing line, lobster trap, any
mussel hook, or other such device in such a manner as to create a hazard to any other
person or cause damage to the Pier railing. (3606-6/03)
06/03
13.08.330-13.08.380 Huntington Beach Municipal Code
13.08.330 Removal of sand. No person shall remove, or cause to be removed from the Beach,
or Pacific Ocean, any sand without written permission from the Director. (urg 1306-3/67,3606-6/03)
13.08.340 Glass containers on the Beach. No person shall have,possess or use any dangerous
article or container such as a bottle, glass, crockery or similar object upon the Beach or in the
Water Activity Zone.(2882-12/86,3606-6/03)
13.08.350 Beach and ocean closure-authority. The Director shall have the authority to close
any Beach, harbor, or ocean waters of the Pacific Ocean in order to protect the public health,
safety, and welfare. Such closure shall be effective when notice of closure is given through any
of the following methods: (3101-5/91,3606-6/03)
(a) Signs stating that the Beach is closed or that swimming is prohibited, or depicting a
swimmer and a red circle with a slash through the circle, or otherwise advising of closure;
(3101-5/91,3606-6/03)
(b) Public address announcements; (3101-5191)
(c) Oral or written notice from the Director, any marine safety officer, lifeguard, or other
authorized agent; or (3101-5/91,3606-6/03)
(d) Any other device or announcement reasonably communicating such closure. (3101-5/91)
No person shall enter,remain in, or fail or refuse to leave a closed area of the Beach,harbor, or
the Pacific Ocean while such restriction is in effect. (3101-5/91,3606-6/03)
13.08.360 Enforcing officer. This chapter shall be enforced by the Director, as well as by Peace
Officers having jurisdiction of any area in which a violation of any provision of this title takes
place. (3606-6/03)
13.08.370 Violation-Penalty. Any person violating any provision of this Chapter shall,upon
conviction, be guilty of a MISDEMEANOR, and subject to a fine of not more than five hundred
($500) or be imprisoned for a period not to exceed six(6)months, or by both such fine and
imprisonment. (3606-6/03)
13.08.380 Violation-Alternative remedies. Any violation of any provisions of this Chapter
shall subject the violator to ejection from the premises of the area in which violation occurs.
(3606-6/03)
06/03
Huntington Beach Municipal Code 17.64.010- 17.64.020(e)
Chapter 17.64
. UNDERGROUNDING OF UTILITIES
(2222-12177,2382-7(79,2975-12/88,3635-5/04)
Sections:
17.64.010 Definitions
17.64.020 Underground utilities coordinating committee established
17.64.030 Duties`
17.64.040 Planning Commission review
17.64.050 Underground public utilities facilities
17.64.060 Overhead installation
17.64.070 Conversion of overhead facilities
17.64.080 Underground trenches
17.64.090 Public hearing by Council
17.64.100 Council may designate underground utility districts by resolution
17.64.110 Unlawful to erect or maintain overhead utilities within district
17.64.120 Exceptions--Emergency or unusual circumstance declared exception
17.64.130 Exceptions to this chapter
17.64.135 Abandoned/non-use—notice to City
17.64.140 Community antenna television service
17.64.150 Director of Public Works--Authority of
17.64.160 Director of Community Development--Authority of
17.64.170 City Council--Appeal to
17.64.180 Notice to property owners and utility companies
17.64.190 Responsibility of utility companies
17.64.2..00 Responsibility of property owners
17.64.210 Responsibility of city
17.64.220 Extension`oftime
17.64.010 Definitions. The following terms or phrases as used in this chapter shall, unless the
context indicates otherwise,have the respective meanings herein set forth:
(a) "Commission" shall mean the Public Utilities Commission of the state of California.
(b) "Underground utility district" or"district" shall mean that area in the city within which poles,
overhead wires and associated overhead structures are prohibited as such area is described in
a resolution adopted pursuant to the provision of section 17.64.110 of this chapter.
(c) "Poles,overhead wires and associated overhead structures; shall mean poles, towers,
supports,wires, conductors,guys, stubs,platforms, crossarms,braces,transformers,
insulators, cutouts,.switches,communication circuits, appliances,attachments and
appurtenances located aboveground within a district and used, or useful, in supplying electric,
communication or similar or associated service.
(d) "Utility" shall include all persons or entities supplying electric, communication or similar or
associated service by means of electrical materials or devices. (2222-12/77)
17.64.020 Underground utilities coordinating committee--Established. There is hereby
established an underground utilities coordinating committee, appointed by the City Council,
which said committee shall consist of five(5)members as follows: (2222-12177,2382-7179,
2975-12/88)
(a) Director of Public Works;
(b) Director of Community Development;
(c) One city employee appointed by the City Administrator;
(d) District representative, Southern California Edison Company; and
(e) Senior engineer,Public Improvements, General Telephone Company.
17.64.030-17.64.070 Huntington Beach Municipal Code
17.64.030 Duties. It shall be the duty of the committee to advise the City Council with respect
to all technical aspects of the undergrounding of public utilities within the city of Huntington
Beach and in that regard the committee shall:
(a) Determine the location and priority of conversion work within the city;
(b) Recommend specific projects and methods of financing;
(c) Recommend time limitation for completion of projects and extensions of time;
(d) Develop a long-range plan for establishing underground utilities districts;
(e) Perform such other duties as may be assigned to it by the City Council.
The Director of Public Works shall be chairman of said committee. A majority of the members
of the committee, or their authorized representatives,present at any meeting shall constitute a
quorum. Said committee shall meet upon call of the chairman. Members of the committee shall
serve at the pleasure of the City Council and without compensation. (2222-12/77)
17.64.040 Planning Commission review. Prior to submitting reports to the City Council,the
committee shall submit all undergrounding plans to the Planning Commission in order to
ascertain its recommendations with respect to comprehensive planning for the city, and the effect
of such proposed undergrounding plans thereon. (2222-12/77)
17.64.050 Undereround public utilities facilities. All new-public and private utility lines and
distribution facilities, including but not limited to electric,.communication, street lighting;_and
cable television lines, shall be installed underground, except that surface-mounted transformers,
pedestal-mounted terminal boxes,meter cabinets, concealed ducts in an underground system and
other equipment appurtenant to underground facilities need not be installed underground,and
provided further that cable television lines may be installed on existing utility poles within
subdivisions developed with overhead utility lines.
This section shall not apply to main feeder lines or transmission lines located within the public
right-of-way of an arterial highway as shown in the circulation element of the general plan.
(2222-12/77)
17.64.060 Overhead installation. Installation of overhead utility lines is permitted for the
following:
. (a).Relocation and/or.the increase of the size of service on a lot when it does not necessitate_any,
increase in the number of existing overhead lines and/or utility poles;
(b) Any new service when utility poles exist along abutting property lines prior to February 15,
1967, and which are not separated by any alley or public right-of-way and no additional
utility poles are required;
(c) Temporary uses,including directional signs, temporary stands, construction poles,water
pumps, and similar uses;
(d) Oil well services. (2222-12/77)
17.64.070 Conversion of overhead utilities. Any new overhead service which is permitted by
these provisions shall have installed a service panel to facilitate conversion to underground
utilities at a future date. (2222-12/77)
12/ss
Huntington Beach Municipal Code 17.64.080-17.64.120
17.64.080 Undertiround trenches. All underground utility lines in residential developments
which are installed on private property shall be located along lot lines. However,the trench for
• service lines may curve from the lot line to the building at the nearest,most practical location.
This provision is intended to reduce conflicts which may occur in future construction because of
existing underground utility lines. (2222-12/77)
17.64.090.Public hearinj by Council. The Council may from time to time call public hearings,
to ascertain whether the public necessity,health,safety or welfare requires the removal of poles;
overhead wires and associated overhead structures within designated areas of the city and the
underground installation of wires and facilities for supplying electric, communication,or similar
or associated service. Prior to holding such public hearing,the City Engineer shall consult with
all affected utilities and shall prepare a report for submission at such hearing, containing, among
other information,the extent of such utilities participation and estimates of the total costs to the
city and affected property owners. Such report shall also contain an estimate of the time required
to complete such underground installation and removal of overhead facilities. The City Clerk
shall notify all affected property owners as shown on the last equalized assessment roll and
utilities concerned by mail of the time and place of such hearings at least ten(10)days prior to
the date thereof. Each such hearing shall be open to the public and may be continued from time
to time. At each such hearing all persons affected shall be given an opportunity to be heard. The
decision of the Council shall be final and conclusive. (2222-12/77)
17.64.100 Council may designate underground utility districts by resolution. If, after any
such public hearing the Council finds that the public necessity, health, safety or welfare requires
such removal and such underground installation within a designated area,the Council shall,by
resolution adopted by affirmative vote of at least five(5)members of the City Council, declare
such designated area an.underground utility district and order such removal and underground
installation. Such.resolution shall`include a description of.th area comprising such district,the
reason for placing public utilities underground(see Public Utilities Commission Rule 20), and
shall fix the time within which such affected property owners must be ready to receive
underground service. A reasonable time shall be allowed for such removal and underground
installation,having due regard for the availability of labor,materials and equipment necessary for
such removal and for the installation of such underground facilities as may be occasioned
thereby. (2222-12/77)
17.64.110 Unlawful to erect or maintain overhead utilities within district. Whenever the
Council creates an underground utility district and orders the removal of poles, overhead wires
and associated structures therein, as provided in section 17.64.100 hereof, it shall be unlawful for
any person or utility to erect, construct,place,keep,maintain,continue, employ or operate poles,
overhead wires and associated overhead structures in the district after the date when said
overhead facilities are required to be removed by such resolution, except as said overhead
facilities may be required to furnish service to an owner or occupant of property prior.to the.....
performance by such owner or occupant of the underground work necessary for such owner or
occupant to continue to receive utility service as provided in section 17.64.200 hereof, and for
such reasonable time as may be required to remove said facilities after said work has been
performed, and except as otherwise provided in this chapter. (2222-12/77)
17.64.120 Exceptions--Emergency or unusual circumstance declared exception.
Notwithstanding the provisions of this chapter,overhead facilities may be installed and
maintained for a period not to exceed ten(10)days without authority of the Council in order to
provide emergency service. In such case,the Director of Public Works shall be notified in
writing prior to the installation of the facilities. The Council may grant special permission on
such terms as the Council may deem appropriate in cases of unusual circumstances,without
discrimination as to any person or utility,to erect,construct, install, maintain,use or operate
. poles overhead wires and associated overhead structures. (2222-12/77)
12/88
17.64.130-17.64.150(b) Huntington Beach Municipal Code
17.64.130 Exceptions to this chapter. The following shall be excluded from the provisions of
this chapter unless otherwise provided in the resolution designating the underground utilities
district:
(a) Poles or electroliers used exclusively for street lighting.
(b) Overhead wires(exclusive.of supporting structures)crossing any portion of a district within
which overhead wires have been prohibited, or connecting to buildings on the perimeter,of a
district,when such wires originate in an area from which poles, overhead wires and
associated overhead structures are not prohibited.
(c) Poles, overhead wires and associated overhead structures used for the transmission of electric
energy at nominal voltages in excess of 34,500 volts.
(d) Any municipal facilities or equipment installed under the supervision and to the satisfaction
of the City Engineer.
(e) Overhead wires attached to the exterior surface of a building by means of a bracket or other
fixture and extending from one location on the building to another location on the same
building or to an adjacent building without crossing any public street.
(f) Antennas, associated equipment and supporting structures, used by a utility for furnishing
communication services.
(g) Equipment appurtenant to underground facilities, such as surface-mounted transformers,
pedestal-mounted terminal boxes and water cabinets and concealed ducts.
(h) Temporary poles,overhead wires and associated overhead structures used or to be used in -
conjunction with constructionprojects: (2222 1277): S
(i) Utilities with existing on-pole services as of the date of this ordinance,where the utility is not
the sole user of the poles, and where the utility is replacing one single wire, cable, or line
with another or adding an additional smaller wire, cable or line,provided that utility will be
placed underground at the time the other utility utilizing the poles places its service
underground. (3635-5/04)
17.64.135 Lines not in use—notice to City. At any time a line, cable or wire is taken out of
service, or abandoned or is otherwise no longer used,the utility shall give notice of non-use to
the City. Within six(6)months of the time upon which the line, cable or wire ceases to be used
(the notice date)the utility shall remove the line, cable or wire from the poles. (3635-5/04)
17.64.140 Community antenna television service. Distribution lines and individual.service. .
lines for community antenna television(CATV) service shall be installed underground in all new,
developments within the city. All new CATV installations in said new developments shall be
made in accordance with specifications adopted by City Council resolution. Said improvements
within the public right-of-way,upon completion, shall be dedicated to the city of Huntington
Beach. (2222-12/77)
17.64.150 Director of public works--Authority of. The Director of Public Works shall have
the authority to waive the requirements of section 17.64.140 with respect to improvements within
the public right-of-way when, in his judgment,it is determined to be in the best interest of the
city so to do, based upon the following criteria:
(a) Whenever engineering plans and specifications are not required.
(b) Where existing improvements such as curbs and gutters, sidewalks, streets, etc.would have
to be removed and replaced.
5/04
Huntington Beach Municipal Code 17.64.150(c)-17.64.200(a)
(c) The location of existing overhead facilities.
(d) The location of existing structures.
® (e) The condition of existing street improvements.
(f) The amount of lineal footage of CATV facilities involved. (2222-12n7)
17.64.160 Director of Community Development--Authority oL The Director of Community
Development shall have the authority to waive the on-site requirements, as set out in section
17.64.140,when, in his judgment, it is determined to be in the best interest of the city so to do,
based upon the following criteria: (2975-12/88)
(a) Where existing improvements would have to be removed and replaced.
(b) The location of existing overhead facilities.
(c) The location of existing structures.
(d) The condition of existing improvements.
(e) The amount of lineal footage of CATV facilities involved.
(f) The interface of the new development to the existing development on the site.
(g) The interface to similar facilities required off site. (2222-12177)
17.64.170 City.Council--Appeal to. Any landowner or developer affected may appeal the
determination of the Director of Public Works or the director of Community Development to the
City Council. (2222-12/77)
17.64.180 Notice to property owners and utility companies. Within ten(10) days after the
effective date of a resolution adopted pursuant to section 17.64.110 hereof,the City Clerk shall
notify all affected utilities and all person owning real property within the district created by said
resolution, of the adoption thereof. Said City Clerk shall further notify such affected property
owners of the necessity that if they or any person occupying such property desire to continue to
receive electric, communication or similar or associated service,they or such occupant shall
provide all necessary facility changes on their premises so as to receive such service from the
lines of the supplying utility or utilities at a new location. (2222-12t77)
17.64.190 Responsibility of utility companies. If underground construction is necessary to
provide utility service within a district created by any resolution adopted pursuant to section
17.64.110 Hereof,the supplying utility shall furnish that portion'ofthe conduits, conductors and
associated equipment required to be furnished by it under its applicable'rules,regulations and
tariffs on file with the commission. (2222-12/77)
17.64.200 Responsibility of property owners.
(a) Every person owning, operating, leasing, occupying or renting a building or structure within a
district shall construct and provide that portion of the service connection on his property
between the facilities referred to in section 17.64.190, and the termination facility on or
within said building or structure being served. If the above is not accomplished by any
person within the time provided for in the resolution enacted pursuant to section 17.64.110
hereof, the City Engineer shall give notice in writing to the owner thereof as shown on the
® last equalized assessment roll,to provide the required underground facilities within thirty
(30) days after receipt of such notice.
12/88
17.64.200(b)-17.64.210 Huntington Beach Municipal Code
(b) The notice to provide the required underground facilities may be given either by personal
service or by mail. In case of service by mail on either of such persons,the notice must be
deposited in the United States mail in a sealed envelope with postage prepaid, addressed to
the person in possession of such premises, and the notice must be addressed to such owner's
last known address as the same appears on the last equalized assessment roll, and when no
address appears,to General Delivery, city of Huntington Beach. If notice is given by mail,
such notice shall be deemed to have been received by the person to whom it has been sent
within forty-eight(48)hours after the mailing thereof. If notice is given by mail to either the
owner or occupant of such premises;the City Engineer shall,within forty-eight(48)hours
after the mailing thereof, cause a copy thereof,printed on a card not less than 8" x 10" in size,
to be posted in a conspicuous place on said premises.
(c) The notice given by the City Engineer to provide the required under ground facilities shall
particularly specify what work is required to be done, and shall state that if said work is not
completed within thirty(30) days after receipt of such notice, the City Engineer will provide
such required underground facilities, in which case the cost and expense thereof will be
assessed against the property benefited and become a lien upon such property.
(d) If upon the expiration of the thirty(30)days,the said required underground facilities have not
been provided,the City Engineer shall forthwith proceed to do the work,provided,however,
if such premises are unoccupied and no electric or communications services are being
furnished thereto,the City Engineer shall in lieu of providing the required undergrounding
facilities,have the authority to order the disconnection and removal of any and all overhead
service wires and associated facilities supplying utility service to said property. Upon
completion of the work by the City Engineer,he shall file a written report with the City
Council setting forth the fact that the required underground facilities have been provided and
the cost thereof,together with a legal description of,the property against which such cost is to
be assessed. The Council shall thereupon fix a time and place for Bearing protests against the
assessment of the cost'of such work upon such premises,which said time shall not be-less
than ten(10)days thereafter.
(e) The City Clerk shall forthwith, upon the time for hearing such protests having been fixed,
give a notice in writing to the person in possession of such premises, and a notice in writing
thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice
to provide the required underground facilities, of the time and place that the Council will pass
upon such report and will hear protests against such assessment. Such notice shall also set
forth the amount of the proposed assessment.
(f) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the
report and all protests,if there be any, and then proceed to affirm,modify or reject the
assessment.
(g) if any assessment is not paid within fifteen(15)days after its confirmation by the Council,
the amount of the assessment shall become a lien upon the property against which the'
assessment is made by the City Engineer, and the City Engineer is directed to turn over to the
assessor and tax collector a notice of lien on each of said properties on which the assessment
has not been paid, and said assessor and tax collector shall add the amount of said assessment
to the next regular bill for taxes levied against the premises upon which said assessment was
not paid. Said assessment shall be due and payable at the same time as said property taxes
are due and payable, and if not paid when due and payable, shall bear interest at the rate of 6
percent per annum. (2222-12R7)
17.64.210 Responsibility of city. City shall remove at its own expense all city-owned
equipment from all poles required to be removed hereunder in ample time to enable the owner or
user of such poles to remove the same within the time specified in the resolution enacted
pursuant to section 17.64.110 hereof. (2222-12177)
12/88
Huntington Beach Municipal Code 17.64.220
i 17.64.220 Extension of time.In the event that any act required by this chapter or by a resolution
adopted pursuant to section 17.64.110 hereof cannot be performed within the time provided
because of shortage of materials,war,restraint by public authorities,strikes,labor disturbances,
civil disobedience, or any other circumstances beyond the control of the actor,then the time
within which such act will be accomplished shall be extended for a period equivalent to the time.
of such limitation: (2222-12n.7)
•
12/88
i
Huntington Beach Municipal Code 1.18.010--1.18.010(o
Chapter 1.18 0\J
ADMINISTRATIVE CITATIONS
(3397-7/98)
Sections: <
1.18.010 Applicability
1.18.020 Definitions
1.18.030 Administrative Citation
1.18.040 Citation for Building Violation
1.18.050 Citation Contents
1.18.060 Service of Citation
1.18.070 Amount of Civil Fines
1.18.080 Payment of Civil Fines
1.18.090 Preliminary Review
1.18.100 Request for Administrative Hearing
1.18.110 Waiver of Fine Deposit
1.18.120 Hearing Procedures
1.18.130 Administrative Hearing Decision
1,18.140 Right to Judicial Review
1.18.150 Collection of Unpaid Fines
1.18.010 Applicability. (3397-7/98)
(a) This chapter makes any violation of the provisions of this code subject to civil fine (3397-7/98)
(b) This chapter establishes the administrative procedures for the imposition, enforcement,
collection, and administrative review of civil fines pursuant to Government Code section
53069.4 and the City's plenary police power under its charter. (3397-7/98)
(c) The issuance of an administrative citation under this chapter is solely at the City's discretion
and is one option the City has to address violations of this code. By adopting this chapter,
the City does not intend to limit its discretion to utilize any other remedy, civil or criminal,
for such violations that the City may select in a particular case. (3397-7/98)
(d) The purpose of issuing administrative citations pursuant to this chapter is to encourage
voluntary and complete compliance with the provisions of this code for the protection and
benefit of the entire community. (3397-7/98)
(e) Notwithstanding any lease, license.or any other instrument or agreement, the owner of any
reap property has the right to enter upon his or her,own property to the extent reasonably
necessary to abate any nuisance or correct any violation of this code existing thereon. The
provisions of this subsection shall be an implied term of any instrument affecting the right to
possession of real property located in the City of Huntington Beach. (3397-7/98)
(f) Because of the serious blighting conditions that can result affecting the residents' health and
safety, this chapter is intended to impose strict civil liability upon the owners and lessees of
real property for all building, housing, fire and health code and zoning violations that occur
upon the subject premises. (3397-7/98)
7/98
1.18.020--1.18.020(i)(5) Huntington Beach Municipal Code
1.18.020 Definitions. (3397-7/98)
The following definitions apply to the use of these terms for the purposes of this chapter: (3397-
7/98)
(a) Citee - Person given an administrative citation charging him or her as a responsible person
for a code violation. (3397-7/98)
(b) Citation-An administrative citation issued pursuant to this chapter. Citation includes a
Notice of Noncorrection unless the context clearly shows otherwise. (3397-7/98)
(c) Building Violation-Any violation of this code pertaining to building, plumbing, electrical,
or other similar structural or zoning regulations set forth in this code that does not create an
immediate danger to health or safety. (3397-7198)
(d) Enforcement officer- Any City employee or agent of the City designated by the Director of
any City department which has the authority and responsibility to enforce provisions of this
code. (3397-7/98)
(e) Issued - Giving a citation to the citee and issuance occurs on the date when a citation is
personally served on the citee, the date it is mailed to the citee, or the date it is posted on
real property where a property related violation occurs. (3397-7/98)
(f) Issuing department- The City department that has the authority and responsibility for
enforcing the code section(s)designated on a citation as having been violated. (3397-7/98)
(g); Hearing Officer-The person appointed by the City Administrator to serve as the"Hearing
Officer for administrative hearings. Prior to conducting hearings the Hearing Officer must
first be certified by the City Attorney as qualified to provide a fair and impartial hearing
based on appropriate education, training and experience. (3397-7198)
(h) Notice of Noncorrection-A reissuance of an original citation for a building violation which
notes a violation(s) on the original citation has not been corrected within the applicable
correction period. (3397-7/98)
(i) Responsible person-A responsible person is any of the following: (3397-7/98)
(1) A person who causes a code violation to occur. (3397-7/98)
(2) A person who maintains or allows a code violation to continue,by his or her action or
failure to act. (3397-7/98)
(3) A person whose agent, employee, or independent contractor causes a code violation by
its action or failure to act. (3397-7/98)
(4) A person who is the owner of, and a person who is a lessee or sublessee with the
current right of possession of, real property where a property related code violation
occurs. (3397-7/98)
(5) A person who is the on-site manager of a business who normally works daily at the
site when the business is open and is responsible for the activities at such premises.
(3397-7/98)
7/98
Huntington Beach Municipal Code 1.18.020(i)--1.18.040(b)
• For purposes of this subdivision "person" includes a natural person or legal entity, and the
owners, majority stockholders, corporate officers, trustees, and general partners of a legal
entity. (3397-7/98)
There shall be a legal rebuttable presumption that the record owner of a parcel.according to
the County's latest equalized.property tax assessment rolls and a lessee or sublessee of a'
parcel has notice of any code violation existing on the premises: (3397-7/98)
For the purposes of this chapter, there may be more than one responsible person for a code
violation, and a minor at least 14 years of age may be a responsible person subject to the
provisions of this chapter. (3397-7/98)
1.18.030 Administrative Citation for Non-building Violation. (3397-7/98)
(a) Any Enforcement Officer upon determining that a provision of this code, which he or she is
charged to enforce, has been violated has the authority to issue an administrative citation to
any responsible person or persons. An Enforcement Officer may issue a citation for a
violation the officer did not see occur if the officer has determined through investigation that
the responsible person did commit the violation. A responsible person to whom a citation is
issued shall be liable for and shall pay to the City the fine or fines described in the citation
when due pursuant to the provisions of this chapter. (3397-7/98)
(b) Every person who applies for and receives a permit, license, or any type of land use
approval (e.g., subdivision maps, conditional use permits, variances), shall comply with all
conditions imposed upon the issuance of the permit, license or other approval. Violation of
any condition of such permit, license or approval shall be subject to an administrative
citation and civil fine under the.provisions of this chapter. (3397-7/98)
(c) Each day a violation of this code exists shall be a separate violation and be subject to a
separate fine. A citation may charge a violation for one or more days on which a violation
exists, and for violation of one or more code sections. (3397-7/98)
(d) The City may take into consideration the fact that a person has been issued citations when
the City is determining whether to grant, suspend, revoke, or deny any permit, license, or
any type of land use approval for the person and such citations are evidence that the person
has committed acts that are not compatible with the health, safety and general welfare of
other persons and businesses in the vicinity. (3397-7/98)
1.18.040 Administrative Citation for Building_Violation. (3397-7/98)
(a) When a citation is issued for a building violation,a thirty (3)0):day correction period shall be
provided for the correction of the violation and the citee shall correct the violation within
that period. Notwithstanding section 1.18.030,no responsible person for a building
violation shall be liable for a civil fine unless the violation continues after the 30 days
allowed for its correction(plus any extension) and he or she is issued a Notice of
Noncorrection. (3397-7/98)
(b) The citee of a building violation may request an extension of the correction period provided
that a request is filed with the Director of the Issuing Department before the 30-day period
ends. The Director may in his or her discretion grant a reasonable extension of the period of
time to correct the violation if the citee has supplied substantial evidence showing that the
correction cannot reasonably be made within the 30-day period. The Director's decision
shall be in writing and is final. The filing for such an extension does not, unless granted,
extend the 30-day correction period or any other time periods set by this chapter. (3397-7/98)
7/98
t
1.18.040(c)--1.18.050(a)(15) Huntington Beach Municipal Code
(c) If a building violation has not been corrected by the end of the correction period, the •
Enforcement Officer has authority to issue to the responsible person a Notice of
Noncorrection. The citee to whom the Notice of Noncorrection is issued shall be liable for
and shall pay to the City the fine or fines described in the Notice of Noncorrection which
fine shall be due on.the date the Notice of Noncorrection is issued. Additional citations may
be issued and fines imposed for every,day the violation continues uncorrected from the date
the Notice of Noncorrection is issued and the citee shall be liable for and shall pay to the
City any additional fine which shall be due on the date any new citation is issued. (3397-7/98)
(d) If upon reinspection the Enforcement Officer determines the violation has been corrected, he or
she will issue a Notice of Decision to the citee indicating correction has been made. (3397-7/98)
1.18.050 Citation Contents. (3397-7/98)
(a) Each administrative citation shall contain the following information: (3397-7/98)
(1) Name of the responsible person for the violation of this code. (3397-7/98)
(2) Date on which an inspection established the code violation. (3397-7/98)
(3) Issuing department for the code section(s) violated. (3397-7/98)
(4) The code section violated. (3397-7/98)
(5) Address where the code violation occurred. (3397-7/98)
(6) Description of the.violation established by inspection. (3397-7/98)
(7) Amount of the fine for the violation and procedure to pay the fine and avoid a late
payment penalty. (3397-7/98)
(8) Designation of a building violation (if applicable), date the 30-day correction period
expires, and how to request an extension of that period, and designation of a Notice of
Noncorrection for a building violation that has not been corrected. (3397-7/98)
(9) Designation of any prior citations, issued for the same code violations, if known. (3397-7/98)
(10) Description of the procedure for requesting a Waiver of Fine Deposit and/or an
Administrative Hearing to contest a citation. (3397-7/98)
(11) Designation of an assigned hearing date, time and location for use if a request for
Waiver of Fine Deposit or an Administrative Hearing is made. (3397-7/98)
(12) A notice that the code violation is a nuisance and that collection of unpaid fines and/or
nuisance abatement costs can be enforced as an assessment or lien against the property
where a property related code violation occurs and that unpaid assessments can result
in the property being sold after three years by the County Assessor as set forth in
section 1.18.050 of this code. (3397-7/98)
(13) Signature of the Enforcement Officer issuing the citation. (3397-7/98)
(14) Date the citation is issued. (3397-7/98) •
(15) A self-addressed envelope in which the citee can send to the City the fine or a request
for a Waiver of Fine Deposit and/or an Administrative Hearing. (3397-7/98)
7/98
Huntington Beach Municipal Code 1.18.050(a)(16)--1.18.090(a)
• (16) Any other information deemed necessary by the City Attorney or City Treasurer for
enforcement or collection purposes. (3397-7/98)
1.18.060 Service of Citation. A citation may be served as follows: (3397-7/98)
(a) An Enforcement Officer may personally,serve the citation on the citee. The.citee is required
to sign a copy of the citation showing his or her receipt of the citation: (3397-7/98)
(b) An Enforcement Officer may mail the citation by first class mail, if the citee is not present
for personal service when the officer determines there has been a violation. The citation
shall be mailed to the citee's address shown on the county's last equalized property tax
assessment rolls for a property related violation, or to any address known for the citee for all
other violations. (3397-7/98)
(c) An Enforcement Officer may post the property in a conspicuous place with a copy of the
citation when the citee resides at an unknown address other than where the violation occurs.
A copy of the citation will also be mailed to the citee at the property address. (3397-7/98)
1.18.070 Amount of Civil Fines. (3397-7/98)
(a) The amount of the fines for violating particular provisions of this code shall be set in a
schedule of fines adopted by resolution by the City Council. The schedule may include
escalating fine amounts for repeat code violations occurring within specified periods of
time. (3397-7/98)
(b)` The schedule of fines may also specify the amount of interest and late payment penalty
owed for any fine not paid whendue. A late payment penalty and interest shall be owed for
fines not paid within 30 days of their due date. (3397-7/98)
(c) Fines are due on the day the citation is issued, except(i) fines for building violations shall
be due on the day the Notice of Noncorrection is issued and (ii) when a fine deposit has
been waived pursuant to section 1.18.110 and the Hearing Officer upholds the citation, the
fine shall be due on the date the decision is made and personally served on the citee or the
date the decision is mailed to the citee. (3397-7/98)
1.18.080 Payment of Civil Fines. (3397-7/98)
(a) Fines shall be paid to and received by the City Treasurer within 30 days of the due date.
Payment shall be made by mailing the envelope attached to the citation and enclosing the
fine amount paid by check or money order. The City Treasurer,for purposes of convenience
and ease of processing may authorize payment to be made in accordance with any other
method, at any location located within the City, or to any address.(3397-7/98)
(b) Payment of a fine shall not excuse the citee from correcting the code violation. The
issuance of a citation and/or payment of a fine does not bar the City from taking any other
enforcement action regarding a code violation that is not corrected, including issuing
additional administrative citations and/or criminal complaints. (3397-7/98)
1.18.090 Preliminary Review. (3397-7/98)
(a) A person issued an administrative citation may request a Preliminary Review, if the request
• is made within 14 days of the date the citation is issued. A Notice of Noncorrection of a
building violation shall not be subject to a request for Preliminary Review. (3397-7/98)
7/98
1.18.090(b)--1.18.100(c) Huntington Beach Municipal Code
(b) To obtain a review, the citee shall go to the City government building where the Issuing
Department is located. The citee must present a copy of the citation and a completed and signed
request form stating the reasons why there was no violation or why he or she is not a responsible
person for the violation. All requests shall be date stamped upon receipt. (3397-7/98)
(c) The Preliminary Review shall be conducted by a,City employee designated by the Director
of the Issuing Department. The reviewer shall not be the Enforcement Officer who issued
the citation. The purpose of the review is to uncover and cancel any mistakenly issued
citations due to errors that are easily verifiable, and not to resolve factual disputes
concerning the violation that is the subject of the citation. (3397-7/98)
(d) The Preliminary Review will be decided at the time the request is filed if reasonably
practical as determined by the reviewer. It shall consist of a review of the citation and the
written request form and any other evidence submitted at the time of the request by the citee
and, at the discretion of the reviewer, any other related information. Where the review is not
completed within 5 working days of receipt of the request, the request shall be deemed
denied. (3397-7/98)
(e) The citee shall be notified of the results of the review by being given a Notice of Decision
form stating the review decision. The citee may also be given additional notice by
telephone or facsimile when practicable. (3397-7/98)
(f) A request for Preliminary Review does not extend any time periods for compliance,
including the fine due date, the time any correction period ends, and the time to request an
Administrative Hearing. (3397-7/98)
(g) If the reviewer concludes that no code violation occurred or that the citee 'was not
responsible for the violation, the citation shall be canceled. (3397-7/98)
1.18.100 Request for Administrative Hearing. (3397-7/98)
(a) Any person receiving an administrative citation may contest it by filing a request for an
Administrative Hearing, except that a hearing for a building violation may not be requested
unless and until a Notice of Noncorrection is issued. To obtain a hearing, the citee shall file
a signed written request form contained on the reverse side of the citation and indicate the
grounds for contesting the citation and fine. A citee may contest the citation by denying that
a violation occurred, by denying that it was not corrected within the correction period, if
applicable, or by denying that the citee is a responsible person for the violation. (3397-7/98)
(b) To be effective and complete, the request must be received.by the City Treasurer's Office or
the City Treasurer's designee within 30 days of the date the citation was issued, and be
accompanied by a deposit of the full amount of the fine. Where a request and fine deposit
are mailed by the citee,the request and fine deposit shall be deemed filed on the date
received by the City Treasurer's Office. All requests shall be date stamped upon receipt.
The City Treasurer is authorized to designate an address to which such requests shall be
mailed in satisfaction of this subsection. (3397-7/98)
(c) The person requesting the Administrative Hearing may file a written declaration with the
City Attorney's Office or the City Attorney's designee before the hearing or personally
attend the hearing on the date, time and place specified on the citation. A failure to file a
written declaration before the hearing or personally attend the hearing will be considered a
non-appearance. Non-appearance by the citee shall constitute an abandonment of the
request, unless the hearing was continued pursuant to section 1.18.120F. (3397-7/98)
7/98
Huntington Beach Municipal Code 1.18.110-1.18.120(b)
1.18.110 Waiver of Fine Deposit. (3397-7/98)
(a) A person who files a request for an Administrative Hearing may also request at the same
time a hardship waiver of the fine deposit. To seek such a waiver and obtain a separate
hearing on the request,the citee must check the box indicating this request on the form
contained On the reverse side of the citation and attach a statement of the grounds for the
request. To be effective, this form requesting the waiver and the Administrative Hearing
must be received by the City Treasurer's Office within 30 days of the date the citation is
issued. The address to which such requests shall be sent may be established by the City
Treasurer as authorized in section 1.18.100. (3397-7198)
(b) The person requesting the waiver bears the burden of establishing by substantial evidence
that he or she does not have the financial ability to make the deposit of the fine. The citee
shall appear at the hearing on the request or file a written declaration with the City
Attorney's Office or the City Attorney's designee prior to the hearing. A failure to file a
written declaration before the hearing or personally attend the hearing will be considered a
non-appearance. Non-appearance shall constitute an abandonment of both the requests
unless the hearing was continued pursuant to section 1.18.120F. (3397-7/98)
(c) The request will be decided by the Hearing Officer at the hearing date, time and place
specified on the citation. The request shall be heard at a separate hearing before the
Administrative Hearing on the contest of the citation. At the conclusion of the hearing on
the waiver request, the Hearing Officer shall issue a decision that the fine deposit is or is not
waived. The officer shall then insert on the Notice of Decision form the new date set for the
Administrative Hearing which shall be within 45 days. A copy of the Notice of Decision
shall.be delivered to the citee at the.end of the hearing on the waiver request. (3397-7/98).
(d) If the waiver is denied,the Hearing Officer shall give the citee a self-addressed envelope to
use in making the fine deposit. The citee shall mail the deposit in the envelope provided so
that it is postmarked at least 5 calendar days before the date designated on the Notice of
Decision for the Administrative Hearing. The City Treasurer is authorized to designate the
address to which the deposit is mailed. Failure to make the deposit by the time required
shall be deemed an abandonment of the contest. (3397-7/98)
(e) The filing of a request for hardship waiver of the fine deposit does not extend any time
periods set forth in this chapter, except the time when the fine deposit must be made. The
Hearing Officer's decision on the waiver is final and not subject to an appeal pursuant to
section 1.18.140. (3397-7/98)
1.18.120 Hearing Procedures. (3397-7/98)
(a) The.hearing shall be conducted by a Hearing Officer either:.(i) on the date,time and place
specified in the citation, or (ii) on the date designated on the Notice of Decision when there
was a request to waive the fine deposit which was heard on the date noted on the citation.
(3397-7/98)
(b) The City Attorney's Office or the City Attorney's designee, shall ensure that the pertinent
citation records are delivered to the Hearing Officer for a citation set for a hearing, including
information showing all fine deposits and waivers granted. The City Attorney's Office, or
the City Attorney's designee, shall also make available to the citee before the hearing a copy
of any additional reports concerning the citation that are provided to the Hearing Officer.
• (3397-7/98)
7/98
1.18.120(c)--1.18.130(b) Huntington Beach Municipal Code
(c) The citee shall be given the opportunity to testify and to present evidence relevant to
financial hardship or the code violation specified in the citation. A parent or legal guardian
of a citee who is a juvenile, under 18 years of age, shall accompany the citee. (3397-7198)
(d) The citation and any other reports prepared by the Enforcement Officer, or at his or her
request, concerning the code violation or attempted correction of the code violation that are
provided to the Hearing Officer.shall be accepted by the Hearing Officer as prima facie
evidence of the code violation and the facts stated in such documents. (3397-7/98)
(c) Neither the Enforcement Officer nor any other representative of the City shall be required to
attend the hearing, nor shall the Hearing Officer require that there be submitted any
evidence, other than the citation,that may exist among the public records of the City on the
violation. However, any such appearance and/or submission may be made at the discretion
of the Enforcement Officer or any City employee or agent. (3397-7/98)
(f) The Hearing Officer may continue a hearing if a request is made showing good cause by the
citee or a representative of the City. All continuance requests shall either: (i) be made in
person at the hearing by the citee or his or her representative if the citee is physically unable
to attend, or(ii) be made by a written request received by the City Treasurer's Office at least
24 hours before the hearing date. If the continuance is granted, a new hearing date shall be
set for within 45 days. If the continuance is denied, the hearing shall proceed then and there
as scheduled, and if the citee is not present the request(s) shall be deemed abandoned in
accordance with subsection H below. The Hearing Officer's decision is final and he or she
shall either personally give the Notice of Decision to the citee or the representative if present
at the end of the hearing or request that the notice be mailed by the City Attorney's Office.
(339777/98)
a
(g) The hearing shall be conducted informally and the legal rules of evidence need not be
followed. The Hearing Officer does not have the authority to issue a subpoena. (3397-7/98)
(h) The failure of the citee to appear at the hearing, unless the hearing was continued per
subsection F above, shall constitute an abandonment of the request for waiver of the fine
deposit and/or the contest, and a failure to exhaust administrative remedies concerning the
violation set forth in the citation. The fine deposit shall be credited by the City upon the
fine due for the violation. The failure to appear by the citee shall be noted on the Notice of
Decision by the Hearing Officer which will be mailed to the citee by the City Treasurer's
Office. (3397-7/98)
1.18.130 Administrative Hearing Decision. (3397-7/98)
(a) After considering all the evidence and testimony submitted at the administrative hearing; the
Hearing Officer shall issue a written decision to uphold or cancel the citation. The Hearing
Officer has no discretion or authority to reduce or modify the amount of any fine. The
decision will be made on a Notice of Decision form and will state the reasons and evidence
considered for the decision. The decision of the Hearing Officer shall be made at the
conclusion of the hearing and shall be final. The Notice of Decision for the Administrative
Hearing shall be personally delivered to the citee at the conclusion of the hearing. (3397-7/98)
(b) If the decision is to uphold the citation,the City shall keep the fine deposited as payment
upon the fine due. If the decision is to cancel the citation, the City shall refund the fine
deposit to the citee within 30 days of the filing of the decision. If the citation is upheld and .
the fine deposit has been waived,the fine shall be due on the date the decision is given to
the citee at the end of the hearing by the Hearing Officer. (3397-7/98)
7/98
Huntington Beach Municipal Code 1.18.130(c)--1.18.150(b)
(c) The Hearing Officer's continued employment, performance evaluation, compensation, and
benefits shall not directly or indirectly be linked to the amount of citations upheld or
canceled by the officer. (3397-7/98)
1.18.140 Right to Judicial Review. (3397-7/98)-
(a) The citee may seek judicial review of the Administrative Hearing decision by filing an
appeal with the Municipal Court within 20 calendar days after the citee receives a copy of
the Notice of Decision at the conclusion of the hearing in accordance with the provisions of
California Government Code section 53069.4. The appeal filed with the court must also
contain a proof of service showing a copy of the appeal was served upon "City of
Huntington Beach (Attention: City Attorney)." The citee must pay to the Municipal Court a
$25 filing fee when the appeal is filed. (3397-7/98)
(b) No appeal is permitted from a decision on a request for preliminary review, or an extension
of the 30-day correction period for building violations, or a request for waiver of the fine
deposit, or where the citee is deemed to have abandoned the contest of the citation by an
unexcused nonappearance at the hearing or failure to deposit the fine. (3397-7/98)
(c) The City Attorney or the City Attorney's designee, shall forward to the Municipal Court
within 15 days of its request, the pertinent citation documents for any case appealed to that
court. If the Municipal Court cancels any citation, the City will refund any fine deposit
made and the $25 appeal filing fee. (3397-7/98)
1.18.150 Collection of Unpaid Fines. (3397-7/98)
® (a) The City at its discretion may pursue any and all legal and equitable remedies for the
collection of unpaid fines, interest and penalties.
(1) Pursuit of one remedy does not preclude the pursuit of any other remedies until the
total fines, interest and penalties owed by a person under this chapter have been
collected.
(2) The City may refuse to issue, extend, or renew to any person, who has unpaid
delinquent fines, interest, penalties, liens or assessments, any City permit, license, or
other City approval pertaining to the property that is the subject of the fine and citation.
(3) Any permit, license, or any type of land use approval issued by the City to a person
who has unpaid fines, interest and penalties totaling $500 or more that remain
delinquent for 30 days or longer shall automatically,be suspended. The suspension
becomes effective 10 days after the day notice of the suspension is placed in the U.S.
mails postage prepaid addressed to the person,and continues until the delinquency`is
paid in full. The person may request a review hearing pursuant to the procedures in
section 1.18.090 on the issue of delinquency, if the request is filed before the 10 day
period ends. Continuing to operate under a suspended permit, license or approval shall
be grounds for the City Council to revoke the permit, license or approval. Revocations
may be made by the City Council at a public hearing for which the person is given at
least 10 days prior written notice.
(4) The City Attorney, at his or her discretion, may also issue a criminal complaint to any
® citee for a code violation when the applicable fine, interest or penalty has not been
paid.
(b) Any violation of this code shall constitute a nuisance. To compel code compliance, the City
may seek to abate the nuisance and collect the costs incurred by means of a nuisance
7/98
1.18.150(b)--1.18.150(g) Huntington Beach Municipal Code
abatement lien and/or special assessment against the property where a property related
violation occurred in accordance with the procedures in Government Code sections 38773.1
and 38773.5. Any unpaid delinquent civil fines, interest and penalties may be recovered as
such a lien or special assessment against the property of the responsible person who is the
owner of the property where the violation occurred:
(c) To pursue an abatement of a code violation as a nuisance and recover any delinquent civil
fines, interest and penalties as a lien or special assessment, the following conditions must be
met:
(1) The City Treasurer must submit to and receive from the City Council a resolution
certifying the amounts of the liens and special assessments sought to be collected from
each property owner; and
(2) The total amount of the delinquent fine, interest and penalty against the property owner
must be$250 or more and be delinquent for 60 days or more.
(d) The City Treasurer is authorized to take any steps necessary to enforce collection of the lien
or special assessment, including but not limited to the following:
(1) Request the County Recorder to record a notice of any lien or special assessment
certified by the City Council.
(2) Request the County Tax Collector to collect any special assessments certified by the
City Council.
The.Ci Treasurer a y pursue es remedies whether or not the Cite- is pursuing an other
tY _ m 5 Pu s e these Y P g Y
action to terminate an ongoing code violation that was the basis for the fine.
(e) All citations shall contain a notice that unpaid fines, interest and penalties are subject to the
assessment and lien collection procedures of this section. This notice shall satisfy the notice
requirements of Government Code sections 38773.1 and 38773.5 when a citation is
personally served on the citee. In addition, the Director shall by first class mail send notice
to each property owner at least 10 days before the City Council considers the resolution to
certify the amounts of the liens and special assessments stating the date, time and location of
the meeting. The lien or special assessment shall be imposed on the date the citation for the
code violation is issued to the responsible person and becomes effective upon the recording
of a Notice of Lien or Special Assessment by the County Recorder.
(f) A citee may contest the amount and/or validity of any lien or,special assessment for a civil
fine at the public hearing when the City Council considers the resolution to certify the liens
and assessments. Such contests by a citee shall be limited to the amount of the lien or
assessment and may not consider the validity of the underlying code violation . Pursuit of
such an objection by a responsible person is necessary to exhaust the administrative
remedies concerning a legal challenge to the validity of any such lien or special assessment.
(g) The mother, father and the legal guardian if there is no living parent, of a citee who is a
minor shall be liable for any fines imposed upon the minor pursuant to the provisions of this
chapter. Any such fines may be collected from the minor or a parent or guardian.
7/98
Iluntington Beach Municipal Code 13.08.005--13.08.380
Chapter 13.08
BEACH REGULATIONS
(130-8/11,341-10130,344-10/31,554-12/49,769-7160,831-4/61,861-9/61.911-7/62,Urg 1306-3/67,1509-7/69,1535-11/69,
1588-8170, 1743-5/72,Urg 1776-9/72; 1856-8f73, 1935-11/74,2138-1177,2768-5t85,285143/68,2882-12/86,.2907-8/87,
2964-10/88,3101-5/91,3123-11/91,Urg.Ord.3329-5/96,3355-7/97,3606-6103,3615-10/03)
Sections:
13.08.005 Definitions
13.08.010 (Repealed Ord. No. 3606-6/03)
13.08.020 Defacing and/or destroying public property
13.08.025 Structures/Furniture
13.08.030 Littering
13.08.040 (Repealed Ord No 3606-6/03)
13.08.050 (Repealed Ord No 3606-6/03)
13.08.051 Tents and canopies
13.08.060 Fires
13.08.070. Dogs and other animals
13.08.080 Soliciting
13.08.090 Alcoholic beverages--Consumption
13.08.100 Alcoholic beverages--Permits--Terms
13.08.110 Alcoholic beverages--Permits--Revocation or suspension
13.08.120 Hazardous water sports
13.08.130 Hazardous articles
13.08.135 Motorized vessels
13,08.140 Beach games and practices
13.08.150 Digging
13.08.160 Spear Guns
13.08.170 Jumping from the Pier and public bridges
13.08.180 Climbing on rails of the Pier or bridges
13.08.190 Climbing on lifeguard stations
13.08.195 Tampering with Lifesaving Equipment
13.08.200 Leaving objects
13.08.210 False alarms
13.08.220 Interfering with lifeguard
13.08.225 Interfering with park ranger
13.08.230 Causing object to reflect
13.08.240 Curfew
13.08.250 (Repealed Ord. No. 3606-6/03)
13.08.260 Electrical systems
13.08:270 Noise
13.08.280 Vehicles--Regulation
13.08.285 Motor Vehicle Permits
13.08.290 Vehicle and parking regulation--Pier and Pier Plaza
13.08.300 Beach parking lot regulations
13.08.310 Fishing from the Pier
13.08.320 (Repealed Ord. No. 3606-6/03)
13.08.330 Removal of sand
13.08.340 Glass containers on the Beach
13.08.350 Beach and ocean closure--Authority
13.08.360 Enforcing Officer
13.08.370 Violation--Penalty
13.08.380 Violation--Alternative remedies
10/03
13.08.005-13.08.005 Huntington Beach Municipal Code
13.08.005 Definitions. For the purposes of this Chapter, the following terms shall have the
respective meanings set forth herein, unless the context in which they are used clearly indicates
to the contrary: (3606-6/03)
(a) "Alcoholic beverage"includes alcohol,spirits,liquor,wine;beer and every liquid or solid
containing alcohol,"spirits; wine or beer and which contains one-half of 1 percent or more
of alcohol by volume and which is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances. (3606-6/03)
(b) "Beach"includes that strip of land owned and/or operated by the City of Huntington
Beach, lying between Pacific Coast Highway and the mean high tide line of the Pacific
Ocean. (3606-6/03)
(c) "Beach Parking Lot"means roads, driveways or parking area to service the Beach, Pier or
Pier Plaza, excluding those areas located on a street or highway. (3606-6/03)
(d) "Beach Service Road"means the paved roadway on the Beach that extends from Beach
Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean. (3606-6iO3)
(e) "Director"refers to the Director of the Community Services Department and/or his/her
designee. (3606-6/03)
(f) "Occupied"means used for the purpose of protecting human beings from wind, sun, ram
or public view. (3606-6/03)
(g) "Pacific Ocean"includes all waters of the Pacific Ocean to a point three miles out from
the mean high tide line, parallel to the three miles out from the Beach whether or not the
lands lying under said tidal waters are privately owned or publicly owned including but
not limited to the Water Activity Zone. (3606-6103)
(h) "Person"means any individual, firm, copartnership,joint venture, association, social
club, fraternal organization, corporation or any other group or combination, acting as a
unit. (3606-6/03)
(i) "Pier"means the appurtenance beginning at the intersection of Pacific Coast Highway
and Main Street on the Beach,which is a platform extending into the Pacific Ocean and
supported by piles or pillars. (3606-6103)
(j) "Pier Plaza"means the developed area on the Beach immediately north and south
adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots
adjacent thereto. (3606-6/03)
(k) "Water Activity Zone"means the area that extends 1,000 feet seward into the Pacific
Ocean from the mean high tide line. (3606-6/03)
(1) "Wheeled conveyance"shall include,but not be limited to: automobiles,bicycles,
skateboards, rollerblades, rollerskates, and strollers. (3606-6/03)
06/03
Huntington Beach Municipal Code 13.08.020-13.08.070
13.08.020 Defacing and/or destroying public property. No person shall cut, carve,hack,
remove, deface or otherwise injure any fence,post, toilet, lavatory,restroom, building, sign or
other structure, at or on the Beach, Pier or Pier Plaza, or to place writing upon the interior or
exterior of any,fence, post,toilet, lavatory,restroom,building, sign or other structure therein,any
initial,name writing, printing, drawing or vulgar,profane or.obscen.e word or picture.
{769-7/60.3606-6/03)
13.08.025 Structures/Furniture. No persons shall temporarily or permanently, construct,
enlarge, alter, repair, move or convert any structure or place any furniture on the Pier, Pier Plaza,
Beach Service Road and Beach Parking Lot area,except by permit issued by the Director.
(3606-6/03,3615-10/03)
13.08.030 Littering. No person shall deposit or discard or leave any handbill,bottle, can or
rubbish or trash or debris on the Beach, other than in those receptacles provided for such
purpose, or to deposit in any commode or urinal in any public toilet any newspaper,rag,part of
clothing or any item likely to clog said commode or urinal. This section shall not be interpreted
to prohibit distribution of any constitutionally protected material.
(80-8/11,769-7/60,Urg 1306-3/67,3606-6/03)
13.08.051 Tents and canopies.
(a) No person shall erect,maintain or occupy any canopy in excess of 100 square feet, or any
tent without at least two (2) sides completely open to public view, on the Beach area
bounded.by the Beach Service Road and the Pacific Ocean, except by.permit issued by
the Director. (3606-6/03)
(b) No person shall erect,maintain or occupy any canopy or any tent on the Beach Parking
Lot, Beach Service Road,Pier or Pier Plaza except by permit issued by the Director.
(3606-6/03)
13.08.060 Fires. No person shall light,kindle, set or maintain fires or coals thereon, except in
the fire rings provided therefor, or in self-contained BBQ's kept within six (6) feet of a fire ring,
except by permit issued by the Director. Disposable heating BBQ materials shall not be
deposited anywhere except within the inside perimeter of the fire ring. The heating element of
self-contained BBQs must be raised at least eighteen(18) inches above the surface of the sand.
(769-7/60,Urg 1306-3/67,3606-6/03)
13.08.070 Dogs and other animals.
(a) No person having the care, charge or control of any animal,domesticated or wild, shall
permit or allow said animal to be, under any circumstances or conditions, on or upon that
Beach area bounded by the Beach Service Road and the Pacific Ocean, including the
Water Activity Zone except that upon those Beach areas, and the Water Activity Zone,
located north of the line created by extending the northern curb line of 22nd Street to the
Pacific Ocean to Seapoint Avenue,wherein dogs constrained by a leash no longer than
six (6) feet in length are permitted. (344-10/31,554-12/49,769-7/60,2907-8/87,3355-7/97,3606-6/03)
(b) No person shall permit any animal, domesticated or wild, to be left unattended on the
Beach. (3606-6/03)
10103
13.08.080-13.08.110 Huntington Beach Municipal Code
13.08.080 Soliciting. No person shall engage in the business of soliciting, distributing, selling
or peddling any liquids or edibles for human consumption, or to hawk,peddle or vend any goods,
wares or merchandise on the Beach, except pursuant to a permit issued by the Director.
(769-7/60,3606-6/03)
13.08.090 Alcoholic beverages--Consumption. Except as hereinafter provided,no person
shall, on or upon the Beach,consume or sell, any alcoholic beverage, except pursuant to a permit
issued by City Council. (769-7/60,Urg 1306-3/67,1588-s70,3606-6/03)
13.08.100 Alcoholic beverages--Permits--Terms.
(a) The Director may grant permits for the sale and consumption of alcoholic beverages
under the following terms and conditions: (3606-6/03)
l. The kind or kinds of permitted alcoholic beverages shall be identified in the
permit. (3606,6/03)
2. Each permit shall require that all alcoholic beverages be sold and consumed on
permittee's premises,the location and area of permittee's premises to be set forth
in said permit. (3606-6103)
I That there be compliance with all other city, county and state laws and
regulations. (3606-6/03)
4. Such other terms and conditions as are reasonably required to protect the peace,
health,welfare or safety of the public. (3606-6/03)
5. The permit shall not be transferable and shall be valid only on dates specified.
(3606-6/03)
(b) Nothing herein contained shall be construed as permitting the sale,purchase, distribution,
or consumption of any alcoholic beverage on the Beach, except pursuant to and as limited
by a permit, as above set forth. (769-7/60,Urg 1306-3/67, 1588-8n0,3603-6/03)
13.08.110 Alcoholic beverages--Permit--Revocation or suspension. Permits are subject to
suspension or to revocation by the City Council after notice to permittee and public hearing, on
any of the following grounds:
(a) Permittee has made a substantial misrepresentation in his application for permit;
(b) Permittee or any of his employees has violated any laws or regulations concerning the
operation of the business, or any terms or conditions of the permit;
(c) Permittee or any of his employees has been convicted of any crime involving moral
turpitude;
(d) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous
drugs without reporting such incidents to the Police Department without unnecessary
delay or not more than twenty-four(24)hour after the commission thereof;
• (e) Permittee or any of his employees has caused or permitted any breach of the peace on
such premises, or has performed or permitted any act against the peace, health,welfare or
safety of the public. (769-7/60,Urg 1306-3/67, 158i'r 70)
06103
Huntington Beach Municipal Code 13.08.120-13.08.160
13.08.120 Hazardous water snorts. The following regulations shall apply to water sports:
(a) In order to protect the public health, safety and welfare, the Director shall set the hours
and areas during which no person within the Water Activity Zone,based on prevailing
weather, water conditions,density of use and/or other hazard inducing conditions,shall
use or have in his possession any surfboard,wind surfboard,paddleboard,bodyboard,
skimboard, canoe,boat or any similar object made entirely or partially of wood, metal,
hard plastic or any other hard substance. (3606-6/03)
(b) The Director shall give notice of the time and area during which hazardous water sports,
as defined by Section 13.08.120 (a), are prohibited. Such prohibition shall be effective
when a yellow flag or sign having a solid black circle in the center, commonly known as a
"black ball" flag or sign is prominently displayed from a lifeguard tower, station, Pier or
similar structure. (3606-6/03)
(c) During the times the "black ball" flag or sign is displayed, only swimming and bathing
shall be permitted in the Water Activity Zone within two hundred yards of the point of
the display of the "black ball' flag or sign. (3606-6/03)
(d) No person shall fail, refuse or neglect to leave the Water Activity Zone when such
restriction and prohibition, as set out in this section, are in force. (3606-6/03)
(e) Notwithstanding any provision of this section, the Director or his/her authorized agent,
may frorr time to time designate by permit, certain areas to be used exclusively for an
event. Such designation may be revoked at any time and the area covered by such
designation may be enlarged or reduced at any time. No person shall enter in such area so
designated except while participating in the permitted special or specific event.
(769-7/60,831-4/61,Urg 1306-3/67, 1743-5/72,Urg 1776-9172,1856-8/73,3606-6/03)
13.08.130 Hazardous articles. No person shall use any surfboard, paddleboard, skimboard,
bodyboard, wind surfboard, rubber life raft, canoe,boat, or any similar object made entirely or
partially of wood, metal, glass, hard plastic or any other hard substance at any time, on the Beach
or in the Water Activity Zone in a manner that constitutes a hazard to any other person.
(769-7/60,Urg 1306-3/67,3606-6/03)
13.08.135 Motorized vessels. No person shall operate or cause to operate any motorized vessel,
boat, or personal watercraft in the Water Activity Zone unless authorized by the Director.
(3606-6/03)
13.08.140-Beach games and practices. No.person shall use on the Beach or in Water Activity
Zone any athletic apparatus, object or game in a manner that constitutes a hazard to any person or
conduct or participate in any sport or game that constitutes a hazard to any person.
(769-7/60,Urg 1306-3/67,360&6/03)
13.08.150 Digging. No person shall dig or cause the digging of any hole in the sand exceeding a
depth of two feet. Any person who digs, or causes to be dug, any hole upon the Beach shall fill
the hole before leaving the Beach. (769-7/60,3606-6/03)
13.08.160 Spear guns. No person shall have any spear gun or similar underwater device in his
• or her possession on the shore of the Beach unless the point of such device is covered by a
sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be
kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the
Beach. (769-7/60,Urg 1306-3/67,3606-6/03)
06/03
• 13.08.170-13.08.240 Huntington Beach Municipal Code
13.08.170 Jumping from the Pier and public bridges. No person shall dive,jump or enter the
water from the Pier or public bridge or any part thereof, provided, however,that this section shall
not apply to the regularly employed lifeguard personnel of the City who are engaged in lifeguard
training or in emergency jumps from the Pier or bridges for the purpose of saving lives'and/or
property. (769-7/60,911-7/62,3606-6/03)
13.08.180 Climbing on rails of the Pier or bridges. No person shall sit, walk or balance on the
rails of the Pier or public bridges or walkways or climb upon, over or under such rails, or sit,
walk, balance or climb upon or over any cement walls which may be adjacent to such rails.
(769-7/60,911-7/62,1935-11l14,3606-6/03)
13.08.190 Climbing on lifeguard stations. No unauthorized person shall climb, sit, stand or
cause someone else to climb, sit or stand on any lifeguard station or ladder on the Beach or Pier
unless told to do so by an official employee of the City. (769-7/60,Urg 1306-3/67,3606-6/03)
13.08.195 Tampering with Life Saving Equipment. No person shall tamper with lifesaving
equipment, structures or buoys on the Beach or on the Pier. (3606-6/03)
13.08.200 Leaving objects. No person shall lay, store,hang or cause to be laid, stored, or cause
to be hung any object on, against, or upon any lifeguard station or municipal structure except by
permit issued by the Director. (Urg 1306-3/67,3606-6/03)
13.08.210 False alarms. No person shall cause a false rescue or call for help when it is not .
needed, or to cause a ifeguard to enter the water upon a false rescue,,or to leave:his tower or to
have his attention drawn to a false alarm. (769-7/60,Urg 1306-3/67)
13.08.220 Interfering with lifeguard. No person shall willfully resist, delay or obstruct any
lifeguard in the discharge or attempt to discharge any duty of his position. (Urg 1306-3/67)
13.08.225 Interfering with park ranger. No person shall willfully resist, delay or obstruct any
Park ranger in the discharge or attempt to discharge any duty of his position.
13.08.230 Causing object to reflect. No person shall use a mirror, glass or any similar object to
cause the sun to reflect thereon so as to interfere with the vision of any lifeguard or other
person(s). (Urg 1306-3/67,1535-11/69, 1743-5/72)
13.08.240 Curfew.
(a) Except as otherwise specified, no person shall be on the Beach area bounded by the
Beach Service Road and the Pacific Ocean including the Water Activity Zone between
the hours of 10:00 p.m. and 5 a.m. except upon official business of the City or by permit
issued by the Director. In the event of special circumstances so warranting, the Director,
in his/her judgment, is authorized and empowered to modify temporarily the hours during
which the Beaches are closed. Said modification to be filed with the City Administrator
at least ten days prior to the requested date and posted conspicuously.
(769-7/60,861-9/61,Urg 1306-3/67,3606-6/03)
(b) Pier and Pier Plaza Curfew. No person shall remain on or upon the Pier or Pier Plaza
Sbetween the hours of midnight and 5:00 a.m. except by permit issued by the Director.
(3606-6103)
06/03
Huntington Beach Municipal Code 13.08,260-13.08.280
13.08.260 Electrical systems. No person shall use any electrical outlets on the Beach without
first obtaining written consent from the Director and paying such fees as may be prescribed.
(Urg 1306-3167, 15097/69,3606-6/03)
13.08.270 Noise. No-person shall play,use or operate, or permit to be played,used or operated,
any instrument, machine or device, for producing or reproducing sound upon the Beach, at such a
volume as unreasonably to disturb the peace, quiet and comfort of persons who are not voluntary
listeners thereto. (Urg 1306-3/67, 17a3-5/72,1935-11na,3606-6/03)
13.08.280 Vehicle and Parking-Regulation-Beach.
(a) No person shall operate or possess any motor driven cycle,motor driven bicycle,
motorcycle, automobile, motor truck or other motorized vehicle or conveyance
(regardless of power source or size) on the Beach other than for law enforcement,
lifesaving or emergency purposes, or for Beach maintenance purposes, except by permit
issued by the Director; nor on any roads on which signs are posted prohibiting such
activity,nor in any manner or direction prohibited by posted signs,nor on any Beach
other than on the roads, drives or parking areas designed for such purposes.
(Urg 1306-3/67,2138-1/77,360&6/03)
(b) No person shall operate any wheeled conveyance on the Beach service road if said
wheeled conveyance has been prohibited by the Director and said prohibition has been
properly posted.:(3606-6/03)
(c) Exceeding Speed Limit.
1. No person shall operate any wheeled conveyance of any type on the Beach or
Beach service road at a speed in excess of 10 miles per hour unless a greater speed
is posted. The maximum speed limit when pedestrians are present shall be five
(5)miles per hour. (Urg 1306-3/67,Urg 2768-5/85,2851-8/86,3123-11/91,3329-5/96,3606-6/03)
2. No person shall operate any wheeled conveyance of any type on the Beach service
road at a walking speed in excess of two and one-half(2.5)miles per hour,
between designated points, when the yellow lights are flashing. (3329-5/96,360&6103)
(d) Delivering concessions. During the period of June 15 to September 15, any and all
commercial motor vehicles of any type,must make their deliveries to Beach concessions
between the hours of 6 a.m. and'11 a.m., except by permit from the Director. During all
..other times of the year,deliveries must.take place during Beach non-curfew hours. (Urg
1306-3/67,3606-6/03)
(e) Parkins. No person shall park any vehicle except in designated parking areas;provided,
however, that the Director is authorized to permit parking in non-designated areas when,
in his/her opinion, such parking will not interfere with Beach area operations.
(Urg 130,-3/67,3606-6/03)
(f) Traffic control signs. The Director is authorized and directed to erect and maintain signs
at locations he deems appropriate, indicating the speed limits established by the City
Council for the Beaches, along roadways and streets herein. The Director is also
authorized to designate parking areas and traffic patterns and to erect and maintain signs
indicating such areas and patterns. (Urg 1306-3/67,3606-6/03)
06/03
13.08.285-13.08.300(d) Huntington Beach Municipal Code
13.08.285 Motor Vehicle Permits. Any person desiring to access the Beach or Pier with a
vehicle for.delivery, maintenance,.transportation or any other service must obtain apermit from
the Director. (3329 sirs.3606 os/o3)
13.08.290 Vehicle and parking regulation-Pier and Pier Plaza. Pursuant to section 13.08.280
of this Chapter,the following shall apply: (3606-06/03)
(a) Speed Limit. No person shall operate any wheeled conveyance upon the Pier or Pier
Plaza in excess of five (5) miles per hour. (3606-6/03)
(b) Heavy Vehicles. No person shall drive or permit to be driven any vehicle of any kind or
character whatsoever, upon the Pier or Pier Plaza of a gross weight in excess of twenty
thousand(20,000)pounds. (3606-6/03)
(c) Roller Skates, in-line skates, skateboards and scooters on the Pier or Pier Plaza. No
person shall use any roller skates, in-line skates, skateboards or scooters on the Pier or
Pier Plaza at any time. These items must be carried if brought on the Pier or Pier Plaza.
(3606-6/03)
(d) Parking. No person shall park a vehicle on the Pier or Pier Plaza, unless he possesses a
written permit from the Director allowing him to do so. No person shall leave a vehicle
standing or unattended on the Pier or Pier Plaza at any time. (3606-6/03)
(e) Unauthorized Vehicles Prohibited. No person shall push or`operate any automobile,
motorcycle, truck, or any other motor driven vehicle or Iconveyance upon the Pier or Pier
Plaza, except by permit issued by the Director. (360&6/03)
(f) Bicycles on Pier. No person shall ride a bicycle or any similar type vehicle on the Pier or
Pier Plaza, except by permit issued by the Director. Bicycles or similar type vehicles may
be walked or pushed on the Pier or Pier Plaza. No bicycle or similar type vehicle shall be
chained, cabled or locked by any means to the railings on the Pier,ramps, stairs, or
parking lot except to the bicycle racks provided therefor. (3606-6/03)
(g) 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. During all other times, deliveries must be made during
non curfew hours. (3606-6/03)
13:08:300 Beach parking lot regulations. The following regulations will apply to parking
in any of the City-owned and operated Beach parking lots: (360"/03)
(a) Parking is allowed within designated spaces only. (3606-&03)
(b) There shall be no parking between 10:00 p.m. and 5:00 a.m. except by permit issued by
the Director. (3606-6/03)
(c) Any deviation from this section will be by permission of the Director and shall be
conspicuously posted. (3606-6/03)
(d) No loitering or obstructing of flow of traffic will be allowed in the parking lot by any
person or persons. (3606-6/03)
06/03
Huntington Beach Municipal Code 13.08.300(e}13.08.310
(e) No person shall obstruct or cause to be obstructed any entrance or exit in the parking lot.
(3606-6/03)
(f) No trailers or similar vehicles will be allowed.in the parking lot except by permit issued
by the Director.`(3606-6iO3)
(g) Fees for parking shall be established by resolution of the City Council. (3606-6/03)
(h) Any vehicle leaving the parking lot and returning will be required to pay on re-entering.
(360&6/03)
(i) Number of parking permits per concession owner will be determined by the Director.
(3606-6/03)
(j) The Director shall have the authority to designate reserved parking areas in City-owned
and/or operated Beach parking lots. (360"/03)
(k) No unauthorized vehicle shall park in a reserved parking area where signs are posted
giving notice of such reserved parking. (360&6/03)
13.08.310 Fishing from the Pier. Fishing is allowed from the Pier,but the following acts are
prohibited: (3606-6103)
(a) Overhead Casting. Cast a fishing line, either with or without a fishing pole, over the top
irailing of the Pier. (3606-6/03)
(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. (3606-6/03)
(c) Extra Lines. No person shall have more than two (2) fishing lines in the water under or
near the Pier at one time. (3606-6/03)
(d) Projecting Poles. No person shall allow or permit any fishing pole to extend inward from
the Pier rail to a distance of more than four(4) feet. (3606-6/03)
(e) Cleaning of Fish or Mussel. No person shall place, cut or clean any fish,mussel or bait,
or any other marine life directly upon any bench or seat placed upon the Pier or upon the
floor or railings of the Pier except in the areas provided therefore. (3606-6/03)
Lobster(fl Traps. No person shall have more than;two 2 traps in the water under or near the Pier at any one time. A person shall attend said traps at all times. (3606-&03)
(g) Feeding Wildlife. No person shall provide food,bait or other material in a manner as to
feed wildlife upon the Pier. (360&6/03)
(h) 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. (3606-6103)
• (i) No person shall use the Pier railing for leverage to pull fishing line, lobster trap, any
mussel hook, or other such device in such a manner as to create a hazard to any other
person or cause damage to the Pier railing. (3606-6/03)
06/03
13.08.330-13.08.380 Huntington Beach Municipal Code
13.08.330 Removal of sand. No person shall remove, or cause to be removed from the Beach,
or Pacific Ocean, any sand without written permission from the Director. (urg 1306-3/67,3606-6/03)
13.08.340 Glass containers on the Beach. No person shall have,possess or use any dangerous
article or container such.as a bottle,glass, crockery or similar object upon the Beach or in the
Water Activity Zone:(2882-12/86,3606-6/03)
13.08.350 Beach and ocean closure-authority. The Director shall have the authority to close
any Beach,harbor, or ocean waters of the Pacific Ocean in order to protect the public health,
safety, and welfare. Such closure shall be effective when notice of closure is given through any
of the following methods: (3101-5/91,3606-6/03)
(a) Signs stating that the Beach is closed or that swimming is prohibited, or depicting a
swimmer and a red circle with a slash through the circle, or otherwise advising of closure;
(3101-5/91,3606-6/03)
(b) Public address announcements; (3101-5/91)
(c) Oral or written notice from the Director, any marine safety officer, lifeguard,or other
authorized agent; (3101-5/91,3606-6/03)
(d) Any other device or announcement reasonably communicating such closure. (3101-5/91)
No person shall enter,remain in, or fail or.refuse to leave a closed area of the Beach,harbor, or
the.Pacific Ocean while such restriction is in effect. _(3101-5/91,3606-6/03)
13-08.360 EnforcinI officer. This chapter sha11 be enforced by the Director, as well as by Peace
Officers having jurisdiction of any area in which a violation of any provision of this title takes
place. (3606-6/03)
13.08.370 Violation-Penalty. Any person violating any provision of this Chapter shall,upon
conviction, be guilty of a MISDEMEANOR, and subject to a fine of not more than five hundred
($500) or be imprisoned for a period not to exceed six(6)months, or by both such fine and
imprisonment. (3606-6/03)
13.08.380 Violation-Alternative remedies. Any violation of any provisions of this Chapter
shall subject the violator to ejection from the premises of the area in which violation occurs.
(3606-6/03)
06/03
. 1
Huntington Beach Municipal Code 17.64.010-17.64.020(e)
Chapter 17.64
UNDERGROUNDING OF UTILITIES
(2222A W7,2975-12/88)
17.64.010 Definitions
17:64.020 Underground utilities coordinating committee established
17.64.030 Duties
17.64.040 Planning Commission review
17.64.050 Underground public utilities facilities
17.64.060 Overhead installation
17.64.070 Conversion of overhead facilities
17.64.080 Underground trenches
17.64.090 Public hearing by Council
17.64.100 Council may designate underground utility districts by resolution
17.64.110 Unlawful to erect or maintain overhead utilities within district
17.64.120 Exceptions--Emergency or unusual circumstance declared exception
17.64.130 Exceptions to this chapter
17.64.140 Community antenna television service
17.64.150 Director of Public Works--Authority of
17.64.160 Director of Community Development--Authority of
17.64.170 City Council--Appeal to
17.64.180 Notice to property owners and utility companies
17.64.190 Responsibility of utility companies
17.64.200 Responsibility of property owners
17.64.210 Responsibility of city
17.64.220` Extension of time
17.64.010 Definitions. The following terms or phrases as used in this chapter shall, unless the
context indicates otherwise, have the respective meanings herein set forth:
(a) "Commission" shall mean the Public Utilities Commission of the state of California.
(b) "Underground utility district" or "district" shall mean that area in the city within which poles,
overhead wires and associated overhead structures are prohibited as such area is described in
a resolution adopted pursuant to the provision of section 17.64.110 of this chapter.
(c) "Poles, overhead wires and associated overhead structures; shall mean poles,towers,
supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers,
insulators; cutouts, switches, communication circuits,appliances, attachments and
appurtenances located aboveground within a district and used, or useful,.in supplying
electric, communication or similar or associated service.
(d) "Utility" shall include all persons or entities supplying electric, communication or similar or
associated service by means of electrical materials or devices. (2222-12n7)
17,64,020 Underground utilities coordinating committee--Established. There is hereby
established an underground utilities coordinating committee, appointed by the City Council,
which said committee shall consist of five (5)members as follows: (2222-12n7,2382-7/79,2975-
12/88)
(a) Director of Public Works;
(b) Director of Community Development;
(c) One city employee appointed by the City Administrator;
(d) District representative, Southern California Edison Company; and
(e) Senior engineer, Public Improvements, General Telephone Company.
12/88
17.64.030-17.64.080 Huntington Beach Municipal Code >
17.64,030 Duties. It shall be the duty of the committee to advise the City Council with respect
to all technical aspects of the undergrounding of public utilities within the city of Huntington S
Beach and in that regard the committee shall:
(a) Determine the location and priority of conversion work within the city;
(b) Recommend specific projects and methods of financing;
(c) Recommend time limitation for completion of projects and extensions of time;
(d) Develop a long-range plan for establishing underground utilities districts;
(e) Perform such other duties as may be assigned to it by the City Council.
The Director of Public Works shall be chairman of said committee. A majority of the members
of the committee,or their authorized representatives,present at any meeting shall constitute a
quorum. Said committee shall meet upon call of the chairman. Members of the committee shall
serve at the pleasure of the City Council and without compensation. (2222-12n7)
17.64.040 Planning Commission review. Prior to submitting reports to the City Council, the
committee shall submit all undergrounding plans to the Planning Commission in order to
ascertain its recommendations with respect to comprehensive planning for the city, and the effect
of such proposed undergrounding plans thereon. (2222-12n7)
17.64.050 Underground public utilities facilities. All new public and private utility lines and
distribution facilities,including but not limited to electric, communications, street lighting, and
cable television lines, shall be installed underground, except that surface-mounted transformers,
pedestal-mounted terminal boxes, meter cabinets, concealed ducts in an underground,system and
other equipment appurtenant to underground facilities need not be installed underground, and
provided further that cable television lines may be installed on existing utility poles within
subdivisions developed with overhead utility lines.
This section shall not apply to main feeder lines or transmission lines located within the public
right-of-way of an arterial highway as shown in the circulation element of the general plan.
(2222-12/77)
17.64.060 Overhead installation. Installation of overhead utility lines is permitted for the
following:
(a) Relocation and/or the increase of the size of service on a lot when it does not necessitate any
increase in the number of existing overhead lines and/or utility poles;
.(b) Any new service when utility.poles exist along abutting property lines prior to February 15,
1967, and which are not separated by any alley or public right-of-way and no additional
utility poles are required;
(c) Temporary uses, including directional signs,temporary stands, construction poles, water
pumps, and similar uses;
(d) Oil well services. (2222-12/77)
17 64 070 Conversion of overhead utilities. Any new overhead service which is permitted by
these provisions shall have installed a service panel to facilitate conversion to underground
utilities at a future date. (2222-12177)
12/88
Huntington Beach Municipal Code 17.64.080-17.64.120
17,64,080 Underground trenches. All underground utility lines in residential developments
which are installed on private property shall be located along lot lines. However,the trench for
service lines may curve from the lot line to the building at the nearest,most practical location.
This provision is intended to reduce conflicts which may occur in future construction because of
existing underground utility lines. (2222-12/77)
17,64,090 Public hearing by Council. The Council may from time to time call public hearings
to ascertain whether the public necessity,health, safety or welfare requires the removal of poles,
overhead wires and associated overhead structures within designated areas of the city and the
underground installation of wires and facilities for supplying electric, communication, or similar
or associated service. Prior to holding such public hearing,the City Engineer shall consult with
all affected utilities and shall prepare a report for submission at such hearing, containing, among
other information, the extent of such utilities participation and estimates of the total costs to the
city and affected property owners. Such report shall also contain an estimate of the time required
to complete such underground installation and removal of overhead facilities. The City Clerk
shall notify all affected property owners as shown on the last equalized assessment roll and
utilities concerned by mail of the time and place of such hearings at least ten(10) days prior to
the date thereof. Each such hearing shall be open to the public and may be continued from time
to time. At each such hearing all persons affected shall be given an opportunity to be heard. The
decision of the Council shall be final and conclusive. (2222-12/77)
17 64 100 Council may designate underground utility districts by resolution. If, after any
such public hearing the Council finds that the public necessity,health, safety or welfare requires
such removal and such underground installation within a designated area,the Council shall,by
resolution adopted by affirmative vote of at least five(5)members of the City Council, declare
such designated area an underground utility district and order such removal and underground
installation. Such resolution shall include a description of the area comprising such district,the
reason for placing public utilities underground(see Public Utilities Commission Rule 20), and
shall fix the time within which such affected property owners must be ready to receive
underground service. A reasonable time shall be allowed for such removal and underground
installation, having due regard for the availability of labor,materials and equipment necessary
for such removal and for the installation of such underground facilities as may be occasioned
thereby. (2222-12/77)
17.64 110 Unlawful to erect or maintain overhead utilities within district. Whenever the
Council creates an underground utility district and orders the removal of poles, overhead wires
and associated structures therein, as provided in section 17.64.100 hereof, it shall be unlawful for
any person or utility to erect, construct,place, keep, maintain, continue,employ or operate poles,
overhead wires and associated overhead structures in the district after the date when said
overhead facilities are required to be removed by such resolution, except as said overhead
facilities may.be required to furnish service.to an owner or occupant of property prior to the
performance by such owner or occupant of the underground work necessary for such owner or
occupant to continue to receive utility service as provided in section 17.64.200 hereof, and for
such reasonable time as may be required to remove said facilities after said work has been
performed, and except as otherwise provided in this chapter. (2222-12n7)
17 64 120 Exceptions--Emergency or unusual circumstance declared exception.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and
maintained for a period not to exceed ten(10) days without authority of the Council in order to
provide emergency service. In such case,the Director of Public Works shall be notified in
writing prior to the installation of the facilities. The Council may grant special permission on
such terms as the Council may deem appropriate in cases of unusual circumstances,without
discrimination as to any person or utility,to erect, construct, install,maintain, use or operate
poles overhead wires and associated overhead structures. (2222-12177)
12/88
17.64.130- 17.64.150(o Huntington Beach Municipal Code
17,64.130 Exceptions to this chapter. The following shall be excluded from the provisions of
this chapter unless otherwise provided in the resolution designating the underground utilities
district:
(a) Poles or electroliers used exclusively for street lighting.
(b) Overhead wires (exclusive of supporting structures) crossing any portion of a district within .
which overhead wires have been prohibited,or connecting to buildings on the perimeter of a
district, when such wires originate in an area from which poles, overhead wires and
associated overhead structures are not prohibited.
(c) Poles, overhead wires and associated overhead structures used for the transmission of electric
energy at nominal voltages in excess of 34,500 volts.
(d) Any municipal facilities or equipment installed under the supervision and to the satisfaction
of the City Engineer.
(e) Overhead wires attached to the exterior surface of a building by means of a bracket or other
fixture and extending from one location on the building to another location on the same
building or to an adjacent building without crossing any public street.
(f) Antennas, associated equipment and supporting structures,used by a utility for furnishing
communication services.
(g) Equipment appurtenant to underground facilities,such as surface-mounted transformers,
pedestal-mounted terminal boxes and water cabinets and concealed ducts.. .
(h) Temporary poles, overhead wires and associated overhead structures used or to be used in
conjunction with construction projects. (2222-12/77)
17.64.140 Community_antenna television service. Distribution lines and individual service
lines for community antenna television(CATV) service shall be installed underground in all new
developments within the city. All new CATV installations in said new developments shall be
made in accordance with specifications adopted by City Council resolution. Said improvements
within the public right-of-way, upon completion, shall be dedicated to the city of Huntington
Beach. (2222-12/77)
17.64.150 Director of public works--Authority of. The Director of Public Works shall have
the authority to waive the requirements of section 17.64.140 with respect to improvements within
the public right-of-way when, in his judgment, it is determined to be in the best interest of the
city so to do, based upon the following criteria: - -
(a) Whenever engineering plans and specifications are not required:
(b) Where existing improvements such as curbs and gutters, sidewalks, streets, etc. would have
to be removed and replaced.
(c) The location of existing overhead facilities.
(d) The location of existing structures.
(e) The condition of existing street improvements.
(f) The amount of lineal footage of CATV facilities involved. (2222-12/77)
12/88
Huntington Beach Municipal Code 17.64.160-17.64.200(b)
17,64,160 Director of CommunityDevelopment—Authority of: The Director of Community
Development shall have the authority to waive the on-site requirements, as set out in section
17.64.140, when, in his judgment, it is determined to be in the best interest of the city so to do,
based upon the following criteria: (2975-12/88)
(a) Where existing improvements would have to be removed and replaced.
(b) The location of existing overhead facilities.
(c) The location of existing structures.
(d) The condition of existing improvements.
(e) The amount of lineal footage of CATV facilities involved.
(f) The interface of the new development to the existing development on the site.
(g) The interface to similar facilities required off site. (2222-12n7)
17.64.170 City Council--Appeal to. Any landowner or developer affected may appeal the
determination of the Director of Public Works or the director of Community Development to the
City Council. (2222-12/77)
17.64.180 Notice to propga owners and utility companies. Within ten(10) days after the
effective date of a resolution adopted pursuant to section 17.64.110 hereof,the City Clerk shall
notify all affected utilities and all person owning real property within the district created by said
resolution, of the adoption thereof. Said City Clerk shall further notify such affected property
owners of the necessity that if they or any person occupying such property desire to continue to
receive electric, communication or similar or associated service,they or such occupant shall
provide all necessary facility changes on their premises so as to receive such service from the
lines of the supplying utility or utilities at a new location. (2222-1 v77)
17,64.190 Responsibility of utility companies. If underground construction is necessary to
provide utility service within a district created by any resolution adopted pursuant to section
17.64.110 hereof, the supplying utility shall furnish that portion of the conduits, conductors and
associated equipment required to be furnished by it under its applicable rules,regulations and
tariffs on file with the commission. (2222-1297)
17,64.200 Responsibility of property owners.
(a) Every person owning, operating,leasing,occupying or renting a building or structure within
a district shall.construct and provide that portion of the service connection on his property
between the facilities referred to in section 17.64.190, and the termination facility on or
within said building or structure being served. If the above is not accomplished by any
person within the time provided for in the resolution enacted pursuant to section 17.64.110
hereof, the City Engineer shall give notice in writing to the owner thereof as shown on the
last equalized assessment roll, to provide the required underground facilities within thirty
(30) days after receipt of such notice.
(b) The notice to provide the required underground facilities may be given either by personal
service or by mail. In case of service by mail on either of such persons, the notice must be
deposited in the United States mail in a sealed envelope with postage prepaid, addressed to
the person in possession of such premises, and the notice must be addressed to such owner's
last known address as the same appears on the last equalized assessment roll, and when no
12/88
17.64.160(d)-17.64.200(b) Huntington Beach Municipal Code
address appears,to General Delivery, city of Huntington Beach. If notice is given by mail,
such notice shall be deemed to have been received by the person to whom it has been sent
within forty-eight(48)hours after the mailing thereof. If notice is given by mail to either the
owner or occupant of such premises,the City Engineer shall, within forty-eight(48)hours
after the mailing thereof, cause a copy thereof,printed on a card not less than 8" x 10" in size,
to be posted in a conspicuous place on said premises.
(c) The notice given by the City Engineer to provide the required under ground facilities shall
particularly specify what work is required to be done, and shall state that if said work is not
completed within thirty(30) days after receipt of such notice, the City Engineer will provide
such required underground facilities, in which case the cost and expense thereof will be
assessed against the property benefited and become a lien upon such property.
(d) If upon the expiration of the thirty (30) days, the said required underground facilities have not
been provided,the City Engineer shall forthwith proceed to do the work,provided, however,
if such premises are unoccupied and no electric or communications services are being
furnished thereto,the City Engineer shall in lieu of providing the required undergrounding
facilities,have the authority to order the disconnection and removal of any and all overhead
service wires and associated facilities supplying utility service to said property. Upon
completion of the work by the City Engineer,he shall file a written report with the City
Council setting forth the fact that the required underground facilities have been provided and
the cost thereof, together with a legal description of the property against which such cost is to
be assessed. The Council shall thereupon fix a time and place for hearing protests against the
assessment of the cost of such work upon such premises, which said time shall not be less
than ten (10) days thereafter.
(e) The City Clerk shall forthwith,upon the time for hearing such protests having been fixed,
give a notice in writing to the person in possession of such premises, and a notice in writing
thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice
to provide the required underground facilities, of the time and place that the Council will pass
upon such report and will hear protests against such assessment. Such notice shall also set
forth the amount of the proposed assessment.
(f) Upon the date and hour set for the hearing of protests,the Council shall hear and consider the
report and all protests, if there be any, and then proceed to affirm,modify or reject the
assessment.
(g) If any assessment is not paid within fifteen (15)days after its confirmation by the Council,
the amount of the assessment shall become a lien upon the property against which the
assessment is made by the City Engineer, and the City Engineer is directed to turn over to the
assessor and tax collector a notice of lien on each of said,properties on which the assessment
has not been paid, and said assessor and tax collector shall.add the amount of said assessment
to the next regular bill.for taxes levied against the premises upon which said assessment was
not paid. Said assessment shall be due and payable at the same time as said property taxes
are due and payable, and if not paid when due and payable, shall bear interest at the rate of 6
percent per annum. (2222-12R7)
17 64 210 Responsibility of city. City shall remove at its own expense all city-owned
equipment from all poles required to be removed hereunder in ample time to enable the owner or
user of such poles to remove the same within the time specified in the resolution enacted
pursuant to section 17.64.110 hereof. (2222-12f77)
12/88
Huntington Beach Municipal Code 17.64.220
17.64,220 Extension of time.In the event that any act required by this chapter or by a resolution
adopted pursuant to section 17.64.110 hereof cannot be performed within the time provided
because of shortage of materials,war,restraint by public authorities, strikes, labor disturbances,
civil disobedience, or any other circumstances beyond the control of the actor,then the time
within which such act will be accomplished shall be extended for a period equivalent to the time
of such limitation. (2222-12l77)
•
12/88
ci
HUNTINGTON BEACH
•
MUNICIPAL CODE UPDATES
June 2004
Please Remove from Code Please Add to Code
Table of Contents Table of Contents
Chapter 2.05 Chapter 2.05
Chapter 3.36 Chapter 3.36
Title 5 Index
Chapter 5.04 Chapter 5.04
Chapter 5.08 Chapter 5.08
Chapter 5.10 Repealed Ord. 3603
Chapter 5.12 Repealed Ord. 3603
Chapter 5.16 Chapter 5.16
Chapter 5.50 Chapter 5.50
Chapter 8.21 Chapter 8.21
Chapter 8.70 Repealed Ord. 3625
Chapter 8.72
• Chapter 9.64 Repealed Ord. 3623 .
Chapter 9.90
Chapter 12.04 Chapter 12.04
Chapter 17.05 Chapter 17.05
Chapter 17.65 Chapter 17.65
The following Ordinances are being codified at this time...
Chapter 1.18 Amended by Ord. 3630
Chapter 17.64 Amended by Ord. 3635
Prepared by:
Office of the City. Clerk- Records Division
City.of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Joan L. Flynn, City Clerk
Questions regarding these updates?
Call Dale Jones, Sr. Deputy City Clerk, Records Division
(714) 374-1632
111,
��vMunicipal Code is available on the lnternet�
http://www.surfcity-hb.org
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
1.18 Administrative Citations
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
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 Building & Safety
2.33 Department of Planning
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
2.114 Department of Information Services
7/03 1
TITLE 3 e
e
TITLE 3 -REVENUE AND FINANCE
3.02 Purchases of Goods and Services
3.03 Professional Services
3.04 (Repealed Ord No. 3628-02/04)
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 (Repealed Ord. No.3603 -6/03).
5.12 (Repealed Ord. No.3603- 6/03)
: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 (Repealed Ord No. 3619-11/03)
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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 (Repealed Ord No. 3608-6/03)
5.70 Sex Oriented Businesses
5.71 Escort Service
5.72 Fortunetelling
5.74 Harmful Matter
TITLE 6-RESERVED
TITLE 7-ANIMALS is
7.04 Adoption of County Ordinances
7.08 Licensing Provisions
7.12 Miscellaneous Animal Care and Control
7.14 Performance of Wild or Exotic Animals for Public Entertainment or Amusement
11/03 11
f
y f
• TITLE 8
TITLE 8-HEALTH AND SAFETY
8.04 Food Handling Establishments
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.21 Refuse Management
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 (Repealed Ord No. 3625)
8.72 Tattooing, Body Piercing and Permanent Cosmetics 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 (Repealed Ord No. 3608-6103)
9.52 Damaging City Property
9.54 Sleeping in Vehicles
9.60 Hypnotism-Practice Prohibited
9.64 (Repealed Ord. No.3623- 1 2103)
9.68 Curfew
9.76 Discharging Weapons
9.80 Concealed Weapons
9.84 Alcohol Use.Permit
9.86 Narcotic Paraphernalia
9.88 Employment Solicitation
9.90 Door-to-Door Solicitaion
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
10/03 111
TITLE 10 (Continued)
10.32 Movement of Overloads
10.36 Stops and Yields
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
10.84 Bicycle Regulations
10.88 (Repealed Ord No. 3605-06/03)
TITLE 11 -RESERVED
TITLE 12 -STREETS AND SIDEWALKS
12.04 Datum Plane
12.08 House Numbers
12.10 Standard Specifications for Public Works Construction
12.13 Street Work Generally
12.16 Repaving Streets
12.20 Utility Structures
12.24 Warning Lights-Barricade_ s
12.28 Sid ewalks-=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 (Repealed Ord No. 3606-06/03)
13.08 Beach Regulations
13.12 (Repealed Ord No. 3606-06/03)
13.16 (Repealed Ord No. 3606-06/03)
13.20 (Repealed Ord No. 3606-06/03)
- 13.24 (Repealed Ord No. 3606-06/03)
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
13.54 Specific Events
TITLE 14-WATER AND SEWERS
14.08 Service Connections
14.12 Fees, Rates and Deposits
14.16 Water Use Regulations
10/03 iv
TITLE 14 (continued)
a
• 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, Charges 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 Uniform Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Huntington Beach 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
e 17.68 Area of Benefit Districts
17.72 Covenants of Easement
TITLE 18 - RESERVED
10/03 v
e
Huntington Beach Municipal Code 2.05.010-2.05.020(d) '
CHAPTER 2.05
GIFTS TO PUBLIC OFFICIALS
(3246-9/94,3303-12/95,3612-8/03)..
Sections:
2.05.010 Purpose; Meaning of Terms; Interpretation; Citation
2.05.020 Definitions
2.05.030 Prohibitions of gifts
2.05.040 Violations and Enforcement
2.05.010 Purpose; meaning of terms; interpretation; citation. The City Council finds that the
receipt of gifts by public officials from persons who do business with the City erodes public
confidence in the impartiality of decisions made by those officials. The purpose of this
Ordinance is to prohibit the donation and receipt of specified gifts, thereby eliminating, to the
extent possible, such loss of confidence. (3246-9/94)
Unless otherwise expressly defined,the terms used in this Ordinance shall have the same
meaning as defined in the California Political Reform Act (California Government Code§81000
et seq.) and regulations issued by the Fair Political Practices Commission pursuant to the
• authority of the Political Reform Act,as the Act and regulations shali be, from time to time,
amended. (3246-9/94)
This Chapter shall be known as, and may be cited as,the"Huntington Beach Gift Ban
Ordinance." (3246-9/94)
2.05.020 Definitions. For the purposes of this Chapter:
(a) "City"means the City of Huntington Beach. (3246-9/94)
(b) "City Officer"means every person who is elected or appointed to an office in the City which
is specified in § 87200 of the California Government Code. (3246-9/94,3612-8/03)
(c) "Designated employee"means every employee of the City who is designated in the City's
Conflict of Interest Code to file a statement of economic interests and.every member of a
board, commission, or committee, under the jurisdiction of the City Council required to file
such a statement. (3246-9/94)
(d) "Gift" shall have the meaning it is defined to have in the California Political Reform Act
(California Government Code Section 81000, et seq.) (3246-9/94,3612-8/03)
• (continued on the next page)
8/03
2.05.030-2.05.040 Huntington Beach Municipal Code •
E
•
2.05.030 Prohibition of gifts.
(a) No City officer or designated employee shall accept any gifts from any single source in
any calendar year with a total value, either individually or cumulatively, of one hundred
fifty dollars ($150.00) or more. This amount shall automatically increase or decrease
each year on January lst,by the amount of percentage increase or decrease for the 12-
month period ending in October of each year in the Consumer Price Index for All Urban
Consumers for the Los Angeles-Riverside-Orange County California Area, not seasonally
adjusted, as published by the US Department of Labor, Bureau of Labor Statistics.
(3246-9194, 3612-8/03)
Example of formula:
CPI for current period 136.0
Less CPI for previous period 129.9
Equals index point change 6.1
Divided by previous period CPI 129.9
Equals 0.047
Result multiplied by 100 0.047 x 100
Equals percent change 4.7 •
(b) Gifts from unknown sources. No City officer or designated employee shall accept any
gift when the identity of the donor is not known to the recipient. (3246-9/94,3612-8/03)
2.05.040 Violations and enforcement.
(a) Any member of any City board, commission, or committee who violates Section 2.05.030
shall be subject to removal from office. (3246-9/94,3612-8/03)
(b) Any person who violates Section 2.05.0,30 shall be guilty of a misdemeanor.._(3246 9/94,3612-8/03)
8103
Huntington Beach Municipal Code 3.36.010-3.36.010(c)
Chanter 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,
3118-7/91,3162-9/92,3390-5/98,3610-8/03)
Sections:
3.36.010 Definitions
3.36.020 Telephone Tax
3.36.030 Electricity Tax
3.36.040 Gas Users
3.36.050 Collection of Tax from Service Users Receiving Direct Purchase
of Gas or Electricity
3.36.060 Water Users Tax--Imposed
3.36.070 Video Users Tax
3.36.080 Effect of Commingling Non-Taxable with Taxable Items
3.36.090 Constitutional Exemptions
3.36.100 (Repealed Ord. No.3610-8/03)
3.36.110 Substantial Nexus/Minimum Contacts
3.36.120 (Repealed Ord.No.3610-8/03)
3.36.130 Filing Return and Payment
3.36.140 Collection Penalties—Service Suppliers or Self-Collectors
3.36.150 Deficiency Determination and Assessment—Tax Application Errors
3.36.160 Administrative remedy—Nonpaying Service Users
3.36.170 Actions to Collect
3.36.180 Additional Powers and Duties of Tax Administrator
3.36.190 . Records
3.36.200 Refunds
3.36.210 :.Appeals -
3.36.220 No injunction/Writ of Mandate
3.36.230 Remedies cumulative
3.36.240 Notice of Changes to Ordinance
3.36.245 Audit by City
3.36.250 Senior citizen Exemption
3.36.260 (Repealed Ord. No.3610-8/03)
3.36.265 (Repealed Ord. No.3610-8/03)
3.36.270 (Repealed Ord.No.3610-8/03)
3.36.280 (Repealed Ord. No.3610-8/03)
3.36.290 (Repealed Ord. No.3610-8/03)
3.36.300 (Repealed Ord. No.3610-8/03)
3.36.310 (Repealed Ord. No.3610-8/03)
3.36.320 `(Repealed Ord. No:3610-8/03)
3.36.330 (Repealed Ord. N6.3610-8/03)
3.36.340 (Repealed Ord. No.3610-8/03)
3.36.010 Definitions. Except where the context otherwise requires,the definitions given in this
Section govern the construction of this Chapter:
(a) `Billing Address"means the mailing address of the Service user where the Service supplier
submits invoices or bills for payment by the customer.
(b) "Charges for Mobile Telecommunications Services"has the same meaning and usage as set
forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Sections 116 and 124) and
the regulations thereunder."
(c) "City" means the City of Huntington Beach.
8/03
Huntington Beach Municipal Code 3.36.010(d)--3.36.010(n)
a
(d) "City Administrator" means the City Administrator, or his or her authorized representative.
(e) "Exempt Wholesale Generator"has the same meaning as set forth in the Federal Power Act
(15 U.S.C. Section 79z-5a) and regulations thereunder.
(f) `'Gas"means natural or manufactured gas or any alternate hydrocarbon fuel,which maybe
substituted therefor.
(g) "Mobile Telecommunications Service"has the same meaning and usage as set forth in the
Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations
thereunder.
(h) "Month" means a calendar month.
(i) "Non-Utility Service Supplier"means:
(1) a service supplier, other than a supplier of electric distribution services to all or a
significant portion of the City,which generates electricity for sale to others, and
shall include, but is not limited to any publicly-owned electric utility, investor-
owned utility, cogenerator, distributed generation provider, exempt wholesale
generator, municipal utility district, federal power marketing agency, electric rural
cooperative, or other supplier or seller of electricity;
(2) an electric service provider("ESP"), electricity broker, marketer, aggregator,pool
operator, or other electricity supplier other than a supplier of electric distribution
services to all or a.significant portion of the City,which sells or supplies
electricity or supplemental services to electricity users within the City; and
(3) a gas service supplier,`aggregator, marketer or broker, other than a supplier of gas
distribution services to all or a significant portion of the City, which sells or
supplies gas or supplemental services to Gas users within the City.
(j) "Person" means,without limitation, any domestic,non-profit or foreign corporation, firm,
association, syndicate,joint stock company, partnership of any kind, limited liability
company,joint venture, club, trust,Massachusetts business or common law trust, estate,
society, cooperative, receiver, trustee, guardian or other representative appointed by order of
any court, any natural individual, municipal district or municipal corporation(other than the
City).
(k) "Place of Primary Use"has the same meaning and usage as set forth in the Mobile
Telecommunications Sourcing Act(4.U.S.C. Section 116 et. seq.) and the regulations
thereunder.
(1) "Received" as that term is used in connection with receipt of taxes by the Treasurer means
actual receipt by the Treasurer. A tax is not received when it has been postmarked and/or
mailed.
(in)"Service Address"means the residential street address or the business street address of the
Service user, and in the case of mobile telecommunications service, the service user's place
of primary use.
(n) "Service Supplier" means any person, including the City, that provides telephone
communication, electric, gas, water or video service to a user of such services within the
City. The term shall include any Person required to collect, or self-collect under Section
3.36.050 of this Chapter, and remit a tax as imposed by this Chapter, including its billing
agent in the case of electric, gas,water or video service suppliers.
8/03
Huntington Beach Municipal Code 3.36.010(o)--3.36.010(v)
• s
• (o) "Service User" means a person required to pay a tax imposed by this Chapter.
(p) "State"means the State of California.
(q) "Tax Administrator" means the Finance Officer of the City, or his or her authorized
representative:
(r) ."Telephone Communication Services"means"communications services" as defined in
Sections 4251 and 4252 of the Internal Revenue Code,and the regulations thereunder, and
shall include any service that is capable of transmitting telephonic quality communications
(including the use of Internet Protocol (1P) or other similar means of digitization and/or
packetization of telephonic quality communications for transmission over digital networks)
by analog, digital, electronic,radio or similar means through"interconnected service"with
the "public switched network" (as these terms are commonly used in the Federal
Communications Act and the regulations of the Federal Communications Commission—see
47 U.S.C.A. Section 332(d)),whether such transmission occurs by wire, cable, cable modem
or digital subscriber line (DSL), internet, fiber-optic, light wave, laser, microwave, radio
wave (including,but not limited to, mobile telecommunications service, cellular service,
commercial mobile service, and commercial mobile radio service(see 47 U.S.C. Section
332(d)(1) and Part 20.3 of Title 47 of the Code of Federal Regulations),personal
communications service (PCS), specialized mobile radio (SMR), and other similar services
regardless of radio spectrum used), or other similar facilities.
(s) "Telephone Corporation, Electrical Corporation, and Water Corporation" have the same
meanings as defined in Sections 234, 218, 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" includes any organization,municipality or agency
engaged in the selling or supplying of electricity or water to a Service user; however,as
specified by Public Utilities Code Section218, 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, 3610-8/03)
(t) "Treasurer"means the City Treasurer of Huntington Beach or his or her authorized
representative.
(u) "Video Service Supplier"means any Person, company, or service which provides one or
more channels of video programming, including any communications that are ancillary,
necessary or common to the use or enjoyment of the video programming, to or from an
address in the City, including to or from a business, home, condominium, or apartment,
where some fee is paid,whether directly or included in dues or rental charges for that
service,whether or not public rights-of-way are utilized in.the delivery of the video
programming or communications. A"video service supplier"includes, but is not limited to,
multichannel video programming distributors(as defined in 47 U.S.C.A. Section 522(13)),
open video systems (OVS)suppliers, suppliers of cable television,master antenna television,
satellite master antenna television, multichannel multipoint distribution services (NfNMS),
direct broadcast satellite(to the extent federal law permits taxation of its video services,now
or in the future), and other suppliers of video programming or communications (including
two-way communications),whatever their technology.
(v) "Video Services"means any and all services related to the providing of video programming
(including origination programming), including any communications that are ancillary,
• necessary or common to the use or enjoyment of the video programming, regardless of the
content of such video programming or communications. "Video Services" does not include
services for which a tax is paid under Section 3.36.020 of this Chapter.
(1598-10/70, 2933-8188, 3610-8/03)
8/03
Huntington Beach Municipal Code 3.36.020(a)-3.36.020(d) •
3.36.020 Telephone Users Tax. •
(a) There is hereby imposed a tax upon every person, other than a telephone corporation,using
international, interstate, and intrastate telephone communication services. The tax imposed
by this Section shall be at the rate of five percent (5%) of all charges made for such services,
and shall be collected from the service user by the telephone communications services
supplier or its billing agent. There is a rebuttable presumption that telephone communication
services,which are billed to a billing or service address in the City,:are used,°in whole or in
part, within the City's boundaries, and such services are subject to taxation under this
Chapter. If the billing address of the service user is different from the service address, the
service address of the service user shall be used for purposes of imposing the tax. Charges
for mobile telecommunications services are subject to taxation under this article if the
customer's place of primary use is in the City, regardless of where the mobile
telecommunications service may originate, terminate, or pass through.
(b) As used in this Section, the term "charges" shall include the value of any other services,
credits, property of every kind or nature, or other consideration provided by the service user
in exchange for the telephone communication services. As used in this Section, the term
"charges"shall not include charges for services paid for by inserting coins in coin-operated
telephones; provided 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.
(c) The Tax Administrator, from time to time, may issue and disseminate to service suppliers
which are subject to the tax collection requirements of this Chapter, an administrative ruling
identifying those telephone communication services that are subject.to the tax of Section
3.3b.020. This:administrative ruling shall not impose anew tax, revise an existing ax •
methodology, or increase an existing.tax. An administrative ruling shall not constitute a new
tax, a revision of an existing tax methodology,or an increase in an existing tax if such
administrative ruling is:
(1) consistent with the existing ordinance language; and,
(2) merely reflects a change in, clarification to, or new rendition of:
(a) the definition, interpretation, or application of substantial nexus by a court of
competent jurisdiction or by preemptive state or federal law, for purposes of
taxation; or,
(b) the definition, interpretation, or application of the Federal excise tax rules,
regulations,and laws pertaining to "communications services" (Sections 4251,
.4252.and 4253 of the Internal Revenue Code)by the,Internal Revenue Service, or
by.a state or local agency that assumes an interpretative role of those rules,
regulations, and laws in the event that the Federal excise tax on
telecommunications is repealed.
(d) As used in this Section, the term"telephone communication services" shall not include
"private mobile radio service"(as defined in Part 20.3 of Title 47 of the Code of Federal
Regulations) or"private mobile service" (as defined in 47 U.S.C.A. Section 332 (d)(3))which
is not interconnected to the public switched network. The tax imposed under subsection(a)
above, shall not be imposed upon any person for using telephone communication services to
the extent that,pursuant to Sections 4252 and 4253 of the Internal Revue Code, the amounts •
paid for such communication services are not subject to or are exempt from the tax imposed
under Section 4251 of the Internal Revenue Code. In the event that the Federal excise tax on
"communication services"as provided in Sections 4251, 4252 and 4253 of the Internal
Revenue Code is subsequently repealed, any reference in this Section and in Section
3.36.010(r)to such law, including any related federal regulations, private letter rulings,
8/03
Huntington Beach Municipal Code 3.36.020(d)--3.36.030(b)(6) °
• case law, and other opinions interpreting these sections, shall refer to that body of law that
existed immediately prior to the date of repeal, as well as to any judicial or administrative
decision interpreting such Federal excise tax law which is published or rendered after the date
of repeal.
(e) To prevent actual multi jurisdictional taxation.0f telephone.communication services subject
to tax under this section, any service user, upon proof to the Tax Administrator that the
service user has previously paid the same tax in another state or city on such telephone
communication services, shall be allowed a credit against the tax imposed to extent of the
amount of such tax legally imposed in such other state or city; provided, however, the amount
of credit shall not exceed the tax owed to the City under this Section.
(f) The tax on telephone communication services imposed by this Section shall be collected
from the service user by the service supplier. The amount of tax collected in one (1)month
shall be remitted to the Treasurer, and must be received by the Treasurer on or before the
twentieth(20th) day of the following month.
(1598-10/70, 3096-4/91, 3162-9/92, 3610-8103)
3.36.030 Electricity Tax.
(a) There is hereby imposed a tax upon every person using electricity in the City. The tax
imposed by this Section shall be at the rate of five percent (5%) of the charges made for such
electricity, and for any supplemental services or other associated activities directly related to
and/or necessary for the provision of electricity to the Service user,which are provided by a
service supplier or non-utility service supplier to a service user. The tax.shall be collected
from the service user,by the service supplier.or non-utility service supplier, or its billing
agent.
(b) As used in this Section,the term "charges"shall apply to all services, components and items
that are: i)necessary or common to the receipt, use and enjoyment of electric service; or, ii)
currently, or historically have been, included in a single or bundled rate for electric service by
a local distribution company to a class of retail customers. The term"charges" shall include,
but is not limited to, the following charges:
(1) energy charges;
(2) distribution or transmission charges;
(3) metering charges;
(4) stand-by, reserves, firming, ramping, voltage support,regulation,emergency, or
other similar charges for supplemental services to self-generation service users
(5) customer charges, late charges, service establishment or reestablishment charges,
demand charges, fuel or other cost adjustments,power exchange charges,
independent system operator(ISO) charges, stranded investment or competitive
transition charges (CTC), public purpose program charges, nuclear
decommissioning charges, trust transfer amounts (bond financing charges),
franchise fees, franchise surcharges, annual and monthly charges, and other
charges, fees and surcharges which are necessary to or common for the receipt,
use and enjoyment of electric service; and,
(6) charges, fees, or surcharges for electricity services or programs, which are
mandated by the California Public Utilities Commission or the Federal Energy
Regulatory Commission, whether or not such charges, fees, or surcharges appear
on a bundled or line items basis on the customer billing.
8103
Huntington Beach Municipal Code 3.36.030(c)--3.36.040(b1)e
e
(c) As used in this section, the term "charges" shall include the value of any other services,
credits, property of every kind or nature, or other consideration provided by the service user
in exchange for the electricity or services related to the provision of such electricity.
(d) The Tax Administrator, from time to time, may survey the electric service suppliers to
identify the various unbundled billing components of electric retail service that they
commonly provide to.residential and commercial/industrial customers in the City, and the
charges therefor, including those items that are mandated`by state or federal regulatory
agencies as a condition of providing such electric service. The Tax Administrator, thereafter,
may issue and disseminate to such electric service suppliers an administrative ruling
identifying those components and items which are: i) necessary or common to the receipt,use
or enjoyment of electric service; or, ii) currently, or historically have been, included in a
single or bundled rate for electric service by a local distribution company to a class of retail
customers. Unbundled charges for such components and items shall be subject to the tax of
subsection (a) above
(e) As used in this Section, the term "using electricity" shall not be construed to include
electricity used in water pumping by water corporations; nor shall the term include the mere
receiving of such electricity by an electrical corporation or governmental agency at a point
within the City for resale.
(f) The tax on electricity provided by self-production or by a non-utility service supplier not
under the jurisdiction of this Chapter shall be collected and remitted in the manner set forth
in Section 3.36.050 of this Chapter. All other taxes on charges for electricity imposed by this
Section shall be collected from the service user by the electric service supplier or its billing
agent. The amount of tax collected in.one (1) month shall be remitted to the Treasurer, and
must be received during normal business hours by.the Treasurer on or before.the twentieth
(20`") day of the following month; or, at the option of the person required to collect and/or
remit the tax, such Person shall remit an estimated amount of tax measured by the tax billed
in the previous month or upon the payment pattern of the service user, which must be
received by the Treasurer on or before the twentieth(201h) day of the following month,
provided that the service user shall submit an adjusted payment or request for credit, as
appropriate, within sixty(60) days following each calendar quarter. The credit, if approved
by the Tax Administrator, may be applied against any subsequent tax bill that becomes due.
(1598-10/70,2933-8/88,3610-8/03)
3.36.040 Gas Users.
(a) There is hereby imposed a tax upon every person using gas in the City which is delivered
through a pipeline distribution system. The tax imposed by this Section shall be at the rate of
five percent(51o) of the charges made for such gas, including all services related.to the
storage, transportation and delivery of such gas. The tax shall be collected from the service
user by the service supplier or non-utility service supplier;or its billing agent:
(b) As used in this section, the term "charges" shall apply to all services, components and items
for gas service that are: i) necessary for or common to the receipt, use and enjoyment of gas
service; or, ii) currently, or historically have been, included in a single or bundled rate for gas
service by a local distribution company to a class of retail customers. The term"charges"
shall include,but is not limited to, the following charges:
(1) the commodity charges for purchased gas, or the cost of gas owned by the service user
(including the actual costs attributed to drilling, production, lifting, storage, gathering,
trunkline,pipeline, and other operating costs associated with the production and
delivery of such gas), which is delivered through a gas pipeline distribution system;
8/03
Huntington Beach Municipal Code 3.36.040(b)(2)-3.36.040(0-
(2) gas transportation charges (including interstate charges to the extent not included in
commodity charges);
(3) storage charges;provided,however,that the service supplier shall not be required to
apply the tax to any charges for gas storage services when the service supplier cannot,
as a practical matter,determine the jurisdiction where such stored gas is ultimately
used;but it shall be the obligation of the service user to self-collect the amount of tax
not applied to any charge for gas storage by the service supplier and to remit the tax to
the appropriate jurisdiction;
(4) capacity or demand charges, late charges, service establishment or reestablishment
charges, transition charges, customer charges, minimum charges, annual and monthly
charges, and any other charges which are necessary or common to the receipt,use and
enjoyment of gas service; and,
(5) charges, fees, or surcharges for gas services or programs,which are mandated by the
California Public Utilities Commission or the Federal Energy Regulatory
Commission,whether or not such charges, fees, or surcharges appear on a bundled or
line item basis on the customer billing.
(c) As used in this Section, the term"charges" shall include the value of any other services,
credits, property of every kind or nature,or other consideration provided by the service user
in exchange for the gas or services related to the delivery of such gas.
(d) The Tax Administrator, from time to time,may survey the gas service suppliers to identify
the various unbundled billing components of gas retail service that they commonly provide to
® residential and commercial/industrial customers in the City, and the charges therefor,
including those items that are mandated by state or federal regulatory agencies as a condition
of providing such gas service. The Tax Administrator,thereafter, may issue and disseminate
to such gas service suppliers an administrative ruling identifying those components and items
which are: i) necessary or common to the receipt,use or enjoyment of gas service; or,
ii) currently, or historically have been, included in a single or bundled rate for gas service by
a local distribution company to a class of retail customers. Unbundled charges for such
components and items shall be subject to the tax of subsection(a) above.
(e) There shall be excluded from the base on which the tax imposed in this Section is computed:
(1) Charges made for gas which is to be resold and delivered through a pipeline
distribution system;
(2) Charges made for gas to be used in the generation of electricity by an electrical
corporation;
(3) Charges made by a gas public utility for gas used and consumed in the conduct of the
business of gas public utilities; and
(4) Charges for gas used in water pumping by a water corporation.
(f) The tax on gas provided by self-production or by a non-utility service supplier not under the
jurisdiction of this Chapter shall be collected and remitted in the manner set forth in Section
3.36.050 of this Chapter. All other taxes on charges for gas imposed by this Section shall be
® collected from the service user by the gas service supplier or its billing agent. The amount of
tax collected in one (1) month shall be remitted to the Treasurer, and must be received during
normal business hours by the Treasurer, on or before the twentieth(20`h) day of the
following month; or, at the option of the person required to collect and/or remit the tax, such
person shall remit an estimated amount of tax measured by the tax billed in the previous
8/03
Huntington Beach Municipal Code 3.36.040(0--3.36.060(b)(2)
a
month or upon the payment pattern of the service user, which must be received by the
Treasurer on or before the twentieth (20th) day of the following month, provided that the
service user shall submit an adjusted payment or request for credit, as appropriate,within
sixty(60) days following each calendar quarter. The credit, if approved by the Tax
Administrator, may be applied against any subsequent tax bill that becomes due.
(1598-10170,3610-8/03)
3.36.050 Collection of Tax from Service Users Receiving Direct Purchase of Gas or
Electricity.
(a) Any service user subject to the tax imposed by Section 3.36.030 or by Section 3.36.040 of
this Chapter, which(i)produces gas or electricity for self-use, (ii) receives gas or electricity,
including any related supplemental services, directly from a non-utility service supplier not
under the jurisdiction of this Chapter, or(iii) for any other reason, is not having the full tax
collected and remitted by its service supplier, a non-utility service supplier, or its billing
agent on the use of gas or electricity in the City, including any related supplemental services,
shall report said fact to the Tax Administrator and shall remit the tax due directly to the
Treasurer. All taxes owed pursuant to this subsection must be received during normal
business hours by the Treasurer on or before the twentieth(20th) day of the month following
the gas or electricity usage. In lieu of paying said actual tax, the service user may, at its
option, remit to the Treasurer within thirty(30) days of such use an estimated amount of tax
measured by the tax billed in the previous month, or upon the payment pattern of similar
customers of the service supplier using similar amounts of gas or electricity, provided that the
service user shall submit an adjusted payment or request for credit, as appropriate,within
sixty(60) days following each calendar quarter. The credit, if approved by the Tax
Administrator,may be applied against any subsequent tax bill that becomes due.
(b) The Tax Administrator may require said service user to identify its non-utility service
supplier and provide, subject to audit:invoices; books of account; or other satisfactory
evidence documenting the quantity of gas or electricity used, including any related
supplemental service, and the cost or price thereof. If the service user is unable to provide
such satisfactory evidence, or, if the administrative cost of calculating the tax in the opinion
of the Tax Administrator is excessive,the Tax Administrator may determine the tax by
applying the tax rate to the equivalent charges the service user would have incurred if the gas
or electricity used,including any related supplemental services, had been provided by the
service supplier that is the primary supplier of gas or electricity within the City. Rate
schedules for this purpose shall be available from the City.
(3610-8/03)
3.36.060 Water Users Tax—Imposed.
(a) There is hereby imposed a tax upon every person using water in the City which is delivered
through a pipeline distribution system. The tax imposed by this Section shall be at the rate of
five percent (5%) of the charges made for such water and shall be collected from the service
user by the service supplier, or its billing agent.
(b) As used in this section,the term "charges" shall apply to all services, components and items
that are: i)necessary or common to the receipt, use and enjoyment of water service; or,ii)
currently, or historically have been, included in a single or bundled rate for water service by a
local distribution company to a class of retail customers. The term "charges" shall include,
but is not limited to, the following charges:
(1) water commodity charges (potable and non-potable);
(2) distribution or transmission charges;
8/03
Huntington Beach Municipal Code 3.36.060(b)(3)--3.36.070(b)(2) •
a
(3) metering charges;
• 4 customer charges, late charges, service establishment or reestablishment charges,
( ) g g g ,
franchise fees, franchise surcharges, capital improvement surcharges, annual and
monthly charges, and other charges, fees and surcharges which are necessary for or
common to the receipt, use and enjoyment of water service; and,
(5) charges,`fees,'or surcharges for water services or programs,which are mandated by a'
water district or a state or federal agency,whether or not such charges,fees,or
surcharges appear on a bundled or line item basis on the customer billing.
(c) As used in this section, the term "charges" shall include the value of any other services,
credits, property of every kind or nature, or other consideration provided by the service user
in exchange for the water services.
(d) The Tax Administrator, from time to time, may survey the water service suppliers in the City
to identify the various unbundled billing components of water retail service that they
commonly provide to residential and commercial/industrial customers in the City, and the
charges therefor, including those items that are mandated by a water district or a state or
federal agency as a condition of providing such water service. The Tax Administrator,
thereafter, may issue and disseminate to such water service suppliers an administrative ruling
identifying those components and items which are: i)necessary or common to the receipt, use
or enjoyment of water service; or, ii) currently, or historically have been, included in a single
or bundled rate for water service by a local distribution company to a class of retail
customers. Unbundled charges for such components and items shall be subject to the tax of
subsection (a) above..
(e) 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 a pipeline distribution
system, 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.
(f) The tax on water service imposed by this Section shall be collected from the service user by
the service supplier or its billing agent. The amount of tax collected in one (1)month shall
be remitted to the Treasurer, and must be received during normal business hours by the
Treasurer on or before the twentieth(20`h) day of the following month.
(1598-10/70, 3610-8/03)
3.36.070 Video Users Tax.
(a),There is hereby imposed a tax upon every person in the City using video services from a
video'service.supplier. The tax imposed by this Section shall be at the rate of five percent
(5%) of the charges made for such video services. The tax shall be collected from the service '
user by the video service supplier, or its billing agent.
(b) As used in this Section, the term "charges" shall apply to all services, components and items
that are: i) necessary or common to the receipt, use and enjoyment of video service; or, ii)
currently, or historically have been, included in a single or bundled rate for video service by a
local video service supplier to a class of retail customers. The term"charges" shall include,
but is not limited to, the following charges:
• (1) franchise fees and access fees (PEG), whether designated on the customer's bill or
not;
(2) initial installation of equipment necessary for provision and receipt of video services;
8/03
Huntington Beach Municipal Code 3.36.070(b)(3)-3.36.090(b) •
e '
(3) late fees, collection fees,bad debt recoveries, and return check fees;
(4) activation fees, reactivation fees, and reconnection fees;
(5) all programming services (e.g.,basic services, premium services, audio services,
videogames,pay-per-.view.services, and electronic program guide services); .
(6) equipment leases (e.g., converters, remote devices)',
(7) service calls, service protection plans,name changes, changes of services, and special
services; and
(8) the leasing of channel access.
(c) As used in this Section,the term "charges" shall include the value of any other services,
credits, property or every kind or nature, or other consideration provided by the service user
in exchange for the video services.
(d) The Tax Administrator, from time to time, may survey the video service suppliers in the City
to identify the various components of video service that are being offered to customers within
the City, and the charges therefor. The Tax Administrator, thereafter, may issue and
disseminate to such video service suppliers an administrative ruling identifying those
components: i)that are necessary or common to the receipt, use or enjoyment of video
service; or, ii) which currently are, or historically have been, included in a bundled rate for
video service by a local distribution company. Charges for such components shall be subject
to the tax of subsection(a) above.
(e) The tax imP osed byahis Section shall be collected from the service user by the video.service
supplier,its billing agent; or a reseller of such services. In the case of video service, the
service user shall be deemed to be the purchaser of the bulk video service (e.g., an apartment
owner),unless such service is resold to individual users, in which case the service user shall
be the ultimate purchaser of the video service. The amount of tax collected in one(1)month
shall be remitted to the Treasurer, and must be received during normal business hours by the
Treasurer on or before the twentieth(201h) day of the following Month.
(3118-7/91, 3610-8/03)
3.36.080 Effect of Commingling Non-Taxable with Taxable Items. If one or more non-
taxable items are bundled or billed together with one or more taxable items (as provided for by
this Chapter) under a single charge on a service user's bill,the entire single charge shall be
deemed taxable.
(3610-8/03)
3.36.090 Constitutional Exemptions
(a) Nothing in this Chapter shall be construed as imposing a tax upon:
(1) any person or service if imposition of such tax upon that person or service would be
in violation of a federal or California statute, the Constitution of the United States or
the Constitution of the State of California; and,
(2) the City.
(b) Any service user that is exempt from the tax imposed by this Chapter pursuant to subsection
(a) shall file an application with the Tax Administrator for an exemption; provided,
however,this requirement shall not apply to a service user that is a state or federal agency or
8/03
e
a
Huntington Beach Municipal Code 3.36.090(b)-3.36.120(b)
• subdivision with a commonly recognized name, or is a service user of telephone
communications service that has received a federal excise tax exemption certificate for such
service. Said application shall be made upon a form approved by the Tax Administrator and
shall state those facts,declared underpenalty of perjury, which qualify the.applicant for an
exemption, and`shall include the names of all service suppliers serving that service user..If
deemed exempt by the Tax Administrator, such service user shall give the Tax Administrator.
timely written notice of any change in its service suppliers so that the Tax Administrator can
properly notify the new service suppliers of the service user's tax exempt status. A service
user that fails to comply with this Section shall not be entitled to a refund of the utility tax
collected and remitted to the Tax Administrator from such Service user as a result of such
non-compliance. Upon request of the Tax Administrator, a services supplier or non-utility
service supplier, or its billing agent, shall provide a list of the names and addresses of those
customers which, according to its billing records, are deemed exempt from the utilities
tax. With respect to a service user of telephone communication services, a service supplier of
such telephone communication services doing business in the City, upon request of the Tax
Administrator, shall provide a copy of the federal exemption certificate for each exempt
customer with the City that is served by such service supplier.
(c) The decision of the Tax Administrator on a tax exemption application may be appealed
pursuant to Section 3.36.210 of this Chapter. Filing an application with the Tax
Administrator pursuant to this Section and an appeal to the City Administrator pursuant to
Section 3.36.210 of this Chapter is a prerequisite to a suit thereon.
(1598-10/70, 3610-8/03)
3.36.110 Substantial Nexus/Minimum Contacts. For purposes of imposing a tax or
establishing a duty to collect and,remit a_tax'under this Chapter, "substantial nexus"and
"minimum contacts" shall be construed broadly in favor of the imposition, collection an/or
remittance of the utility users tax to the fullest extent permitted by state and federal law, and
as it may change from time to time by judicial interpretation or by statutory enactment.
(3610-8/03)
3.36.120 Dutv to Collect and Remit—Procedures.
The duty of service suppliers to collect and remit the taxes imposed by the provisions of this
Chapter shall be performed as follows:
(a) The tax shall be collected insofar as practicable at the same time as, and along with the
charges made in accordance with the regular billing practice of the service supplier. Where
the amount paid by a service user to a service supplier is less than the full amount of the
charge and tax which was accrued for the billing period, a;proportionate share of both the
charge and the tax shall be deemed to have been.paid. In those cases where a service user has
notified the service supplier of refusal to pay the tax imposed on said charges, Section
3.36.160 of this Chapter shall apply.
(b) The duty of a service supplier to collect the tax from a service user shall commence with the
beginning of the first regular billing period applicable to the service user where all charges
normally included in such regular billing are subject to the provisions of this Chapter. 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.
8/03
e
s '
Huntington Beach Municipal Code 3.36.130--3.36.140(o •
3.36.130 Filing Return and Pavment. Each person required by this Chapter to remit a tax shall
file a return with the Treasurer, on forms approved by the Tax Administrator, on or before the
due date. The full amount of the tax owed shall be included with the return and remitted to
the Treasurer, who will forward the return to the Tax Administrator. The Tax Administrator
is.authorized to require such further information as.he or she deems necessary to properly
determine if the tax herein imposed is being levied,collected and.remitted in accordance with
this Chapter. Returns and tax remittances are due immediately upon cessation of business for
any reason. Pursuant to Revenue and Tax Code Section 7284.6, the Tax Administrator, and
its agents, shall maintain such filing returns as confidential information, and not subject to
the Public Records Act.
(1598-10170,2211-8/77, 3390-5/98,3610-8/03)
3.36.140 Collection Penalties—Service Suppliers or Self-Collectors.
(a) Taxes collected from a service user, or self-collected by a service user subject to Section
3.36.050 of this Chapter, are delinquent if not received by the Treasurer on or before the due
date during normal business hours. Should the due date occur on a weekend or legal holiday,
the return must be received by the Treasurer during normal business hours on the first regular
working day following the weekend or legal holiday. A direct deposit, including electronic
fund transfers and other similar methods of electronically exchanging monies between
financial accounts, made by a service supplier in satisfaction of its obligations under this
Section shall be considered timely if the transfer is initiated on or before the due date, and the
transfer settles into the City's account on the following business day.
(b) If a service supplier, or.a service user subject to Section 3.36.050 of this Chapter, fails to
remit any tax collected, on`or before the due date, said person shall pay a penalty€or such
delinquencies at the rate often percent (10%)of the total tax that is delinquent in the
remittance.
(c) If payment is not received by the Treasurer within thirty(30) days following the date on
which the remittance first became delinquent, the service supplier or service user, 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) The Tax Administrator shall have the power to impose additional penalties upon persons
required to collect and/or remit taxes pursuant to the provisions of this Chapter for fraud or
gross negligence in reporting or remitting at the rate of twenty-five percent(25%) of the
amount of the tax collected and/or required to be remitted, or as recomputed by the Treasurer.
(e) In addition to any other penalties imposed by this Chapter, any service'supplier required to
collect and/or remit any tax imposed by the provisions of this Chapter who fails to collect the
tax (by failing to properly assess the tax on one or more services or charges on the service
user's billing) or fails to remit the tax collected on or before the due date, or, in the case of a
service user that fails to properly self-collect and remit the tax under Section 3.36.050 of this
Chapter on or before the due date, shall pay interest at the rate of one and one-half percent
(1-1/2%)per month, or any fraction thereof, on the amount of the tax, exclusive of penalties,
from the date on which the remittance first became delinquent, until paid.
(� For collection purposes only, every penalty imposed and such interest that is accrued under
the provisions of this section shall become a part of the tax herein required to be paid.
(3390-5/98,3610-8/03)
8/03
Huntington Beach Municipal Code 3.36.150(a)--3.36.160(a) e
3.36.150 Deficienev Determination and Assessment—Tax Application Errors.
(a) The Tax Administrator shall make a deficiency determination if he or she determines that any
person required to collect or self-collect taxes pursuant to the pro'6sions of this Chapter has
failed to collect and remit the proper amount of tax by improperly or failing to apply the tax
to.one or more taxable services or charges.
(b) The Tax Administrator shall mail a notice of such deficiency determination to the person
required to pay or remit the tax, which notice shall refer briefly to the amount of the taxes
owed, plus interest at the rate of one and one-half percent (1-1/2%)per month, or any
fraction thereof, on the amount of the tax from the date on which the tax should have been
received by the City. Within fourteen (14) calendar days after the date of service of such
notice, the person may request in writing to the Tax Administrator for a hearing on the
matter. If the person fails to request a hearing within the prescribed time period, the amount
of the deficiency determination shall become a final assessment, and shall immediately be
due and owing to the City.
(c) If the person requests a hearing, the Tax Administrator shall cause the matter to be set for
hearing not later than fourteen(14) days after receipt of the written request for hearing.
Notice of the time and place of the hearing shall be mailed by the Tax Administrator to such
person at least (10) calendar days prior to the hearing, and, if the Tax Administrator desires
said person to produce specific records at such hearing, such notice may designate the records
requested to be produced.
(d) At the time fixed for the hearing, the Tax Administrator shall hear all relevant testimony and
evidence, including that of any other interested parties. At the discretion of the-Tax
Administrator,the hearing maybe continued from time.to time for the purpose of allowing
the presentation of additional evidence. Within a reasonable time following the conclusion of
the hearing, the Tax Administrator shall issue a final assessment(or non-assessment),
thereafter, by confirming, modifying or rejecting the original deficiency determination, and
shall mail a copy of such final assessment to person owing the tax. The decision of the Tax
Administrator maybe appealed pursuant to Section 3.36.210 of this Chapter. Filing an
application with the Tax Administrator and appeal to the City Administrator pursuant to
Section 3.36.210 of this Chapter is a prerequisite to a suit thereon.
(e) Payment of the final assessment shall become delinquent if not received by the Tax
Administrator on or before the thirtieth(30`h) day following the date of receipt of the notice
of final assessment. The penalty for delinquency shall be that set forth at Section 3.36.140.
The applicable statue of limitations regarding a claim by the City seeking payment of a tax
assessed under this Section 3.36.160 shall commence from the date of delinquency as
provided in this subsection (e):
(f) All notices under this section maybe sent by regular mail, postage prepaid,and shall be
deemed received on the third calendar day following the date of mailing, as established by a
proof of mailing.
(3610-8/03)
3.36.160 Administrative remedy—Nonpayin2 Service Users.
(a) Whenever the Tax Administrator determines that a service user has deliberately withheld the
• amount of the tax owed by the service user from the amounts remitted to a person required to
collect the tax, or whenever the Tax Administrator deems it in the best interest of the City,he
or she may relieve such person of the obligation to collect the taxes due under this chapter
8/03
s
Huntington Beach Municipal Code 3.36.160(a)-3.36.180(c)
from certain named service users for specific billing periods. Whenever the service user has
failed to pay the amount of tax owed for a period of two (2) or more billing periods, the
service supplier shall be relieved of the obligation to collect taxes due. The service supplier
shall provide the City with the names and addresses of such service users and the amounts of
taxes owed under the provisions of this Chapter.
(b) In addition to the tax owed,the service user shall pay a delinquency penalty at the rate of ten
percent(10%) of the total tax that is owed, and shall pay interest at the rate of one and
one-half percent(1-1/2%)per month, or any fraction thereof, on the amount of the tax,
exclusive of penalties, from the due date, until paid.
(c) The Tax Administrator shall notify the non-paying service user that the Tax Administrator
has assumed the responsibility to collect the taxes due for the stated periods and demand
payment of such taxes, including penalties and interest. The notice shall be served on the
service user by personal delivery or by deposit of the notice in the United States mail,postage
prepaid, addressed to the service user at the address to which billing was made by the person
required to collect the tax; or, should the service user have a change of address, to his or her
last known address.
(d) If the service user fails to remit the tax to the Tax Administrator within thirty(30) days from
the date of the service of the notice upon him or her, the Tax Administrator may impose an
additional penalty of ten percent (10%) of the amount of the total tax that is owed.
(3610-8/03)
3.36.170 Actions to Collect.
(a) 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 remitted to the Treasurer shall be deemed a debt owed to the City by
the persons required to collect and pay and shall no longer be a debt of the service user. 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, including penalties
and interest as provided for in this Chapter, along with any collection costs incurred by the
City as a result of the person's noncompliance with this Chapter, including,but not limited
to, reasonable attorneys fees.
(b) The Treasurer may compromise a collection action and any penalty or interest imposed
pursuant to Section 2.16.030(e) of the Municipal Code.
(1598-10/70, 2211-8/77,3390-5/98,3610-8/03)
3.36.180 Additional Powers and Duties of Tax Administrator.
(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.
(b) The Tax Administrator shall have the power to adopt rules and regulations not inconsistent
with provisions of this Chapter for the purpose of interpreting, clarifying, 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.
(c) Upon a proper showing of good cause, the Tax Administrator may make administrative
agreements, with appropriate conditions, to vary the strict requirements of this Chapter and
thereby: i) conform to the billing procedures of a particular Service supplier (or Service user
subject to Section 3.36.050 of this Chapter) so long as said agreements result in collection of
8/03
Huntington Beach Municipal Code 3.36.180(c)--3.36.190(c)
the tax in conformance with the general purpose and scope of this Chapter; or, ii) to avoid a
• hardship where the administrative costs of collection and remittance greatly outweigh the tax
benefit. A copy of each such agreement shall be on file in the Tax Administrator's Office
and are voidable by the Tax Administrator or the City at any time.
(d) The Tax Administrator may conduct an audit,to ensure proper compliance with the
requirements of this.Chapter, of any person required to collect and/or remit a tax pursuant to
this Chapter. The Tax Administrator shall notify said person of the initiation of an audit in
writing. In the absence of fraud or other intentional misconduct, the audit period of review
shall not exceed a period of three (3)years next preceding the date of receipt of the written
notice by said person form the Tax Administrator. Upon completion of the audit,the Tax
Administrator may make a deficiency determination pursuant to Section 3.36.150 of this
Chapter for all taxes, penalties and interest owed and not paid, as evidenced by information
provided by such person to the Tax Administrator. If said person is unable or unwilling to
provide sufficient records to enable the Tax Administrator to verify compliance with this
Chapter,the Tax Administrator is authorized to make a reasonable estimate of the deficiency.
Said reasonable estimate shall be entitled to a rebuttable presumption of correctness.
(e) Upon receipt of a written request of a taxpayer, and for good cause, the Tax Administrator
may extend the time for filing any statement required pursuant to this Chapter for a period of
not to exceed forty-five (45) days,provided that the time for filing the required statement has
not already passed when the request is received. No penalty for delinquent payment shall
accrue by reason of such extension. Interest shall accrue during said extension at the rate of
one and one-half percent (1-1/2%) per month, prorated for any portion thereof.
(f) 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.
•
(3610-8l03)
3.36.190 Records.
(a) It shall be the duty of every person required to collect and/or remit to the City any tax
imposed by this Chapter to keep and preserve, for a period of three (3)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 Tax Administrator shall have
the right to inspect at a reasonable time.
(b) The City may issue an administrative subpoena to compel a person to deliver,to the Tax
Administrator, copies of all records deemed necessary by the Tax Administrator to establish
compliance with this Chapter, including the delivery of records in a common electronic
format on readily available media if such records are kept electronically by the Person in the
usual and ordinary course of business. As an alternative to delivering the subpoenaed records
to the Tax Administrator on or before the due date provided in the administrative.subpoena,
such person may provide access to such records outside the City on or before the due date,
provided that such person shall reimburse the City for all reasonable travel expenses incurred
by the City to inspect those records, including travel, lodging, meals, and other similar
expenses, but excluding the normal salary or hourly wages of those persons designated by the
city to conduct the inspection.
(c) The Tax Administrator, or the Tax Administrator's designated representative, is authorized to
execute a non-disclosure agreement approved by the City Attorney to protect the
• confidentiality of customer information pursuant to California Revenue and Tax Code
Sections 7284.6 and 7284.7. The Tax Administrator, may request from a person providing
8/03
Huntington Beach Municipal Code 3.36.190(c)-3.36.200(d) '
e
transportation or distribution services of gas or electricity to service users within the City, a •
list of the names, billing address and service addresses, quantities of gas or electricity
delivered, and other pertinent information, of its transportation customers within the City
pursuant to Section 6354(e) of the California Public Utilities Code.
(d),If a service supplier uses a billing agent or billing aggregator to bill, collect, and/or remit,the
tax, the service supplier shall i)provide to the Tax Administrator the name, address and
telephone number of each billing agent and billing aggregator currently authorized by the
service supplier to bill, collect, and/or remit the tax to the City; and, ii) upon request of the
Tax Administrator, deliver, or effect the delivery of, any information or records in the
possession of such billing agent or billing aggregator that, in the opinion of the Tax
Administrator, is necessary to verify the proper application, calculation, collection and/or
remittance of such tax to the City.
(e) 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,
or fails to produce the information requested in an administrative subpoena within the time
specified, the Tax Administrator or the Tax Administrator's designated representative may
impose a penalty of five hundred dollars ($500) on such Person for each day following: i)the
initial date that the person refuses to provide such access: or, ii) the due date for production
of records as set forth in the administrative subpoena. This penalty shall be in addition to any
other penalty imposed under this Chapter.
(1598-10/70,3390-5/98,3610-8/03)
3.36.200 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 Treasurer under this Chapter, it.maybe
refunded as provided in this Section. (1598-10170,3390=5/98)
(b) The Tax Administrator may refund any tax that has been overpaid, paid more than once, or
has been erroneously or illegally collected or received by the Tax Administrator under this
Chapter,provided that no refund shall be paid under the provisions of this Section unless the
claimant or his or her guardian, conservator, executor or administrator has submitted a
written claim, under penalty of perjury, 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. Nothing herein
shall permit the filing of a refund claim on behalf of a class or group of taxpayers. Where the
amount of any individual refund claim is in excess of five thousand dollars ($5,000), City
Council approval shall be required.
(c) It is the intent of the City that the one year written claim requirement of this Section be given
retroactive effect; provided, however, that any claims which arose prior to.the enactment of
the one year claims period of this Section,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.
(d) The Tax Administrator, or the City Council where the claim is in excess of five thousand
dollars ($5,000) and the Tax Administrator has approved the claim, shall act upon the refund
claim within forty-five (45) days of the initial receipt of the refund claim. Said decision shall
be final. If the Tax Administrator/City Council fails or refuses to act on a refund claim
within the forty-five (45) day period, the claim shall be deemed to have been rejected by the
8/03
8
Huntington Beach Municipal Code 3.36.200(d)--3.36.210(c)
Tax Administrator/City Council on the forty-fifth(45th) day. The Tax Administrator shall
give notice of the action in a form which substantially complies with that set forth in
Government Code Section 913.
(e) The filing of a written claim is a prerequisite to any suit thereon. Any action brought against
the City pursuant to this Section shall be subject to the provisions of Government Code
Sections 945.6 and 946.
(f) 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)
(g) Notwithstanding subsections (b) and (c) above, a service supplier shall be entitled to take any
overpayment as a credit against an underpayment whenever such overpayment has been
received by the City within the three (3) years next preceding a notice of tax deficiency or
assessment by the Tax Administrator, or during any year for which the service supplier, at the
request of the Tax Administrator, has executed a waiver of the defense of the statute of
limitations with regard to any claim the City may have for a utilities tax. A service supplier
shall not be entitled to said credit unless it clearly establishes the right to the credit by written
record showing entitlement thereto. Under no circumstances shell an overpayment taken as a
credit against an underpayment pursuant to this subsection qualify a service supplier for a
refund to which it would not otherwise be entitled under the one-year written written claim
requirement of this section.
(1598-10170,.3390-5/98,3610-8/03)
3.36.210 Appeals.
(a) The provisions of this Section apply to any assessment, decision or administrative ruling of
the Tax Administrator, other than a decision relating to a refund pursuant to Section 3.36.200
of this Chapter. Any person aggrieved by any assessment, decision or administrative ruling of
the Tax Administrator(other than a decision relating to a refund pursuant to Section 3.36.200
of this Chapter), deficiency determination, assessment, or administrative ruling of the Tax
Administrator, shall be required to comply with the appeals procedure of this Section.
Compliance with this Section shall be a prerequisite to a suit thereon. (See Government Code
Section 935(b)) Nothing herein shall permit the filing of a claim or action on behalf of a
class or group of taxpayers.
(b) If any person aggrieved by any decision (other than a decision relating to a refund pursuant to
Section 3.36.200 of this Chapter), deficiency determination, assessment,.or administrative
ruling of the Tax Administrator,he or she may appeal to the City Administrator by filing a
notice of appeal with the City Clerk within fourteen(14) days of the date of the decision,
deficiency determination, assessment or administrative ruling of the Tax Administrator which
aggrieved the service user or service supplier. The City Administrator may appoint a hearing
officer to hear the appeal.
(c) The matter shall be set for hearing no more than thirty(30) days from the receipt of the
appeal. The appellant shall be served with notice of the time and place of the hearing, as well
® as any relevant materials, at least five (5) calendar days prior to the hearing. The hearing
maybe continued from time to time upon mutual consent. At the time of the hearing, the
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Huntington Beach Municipal Code 3.36.210(c)-3.36.240 '
9 "
appealing party, the Tax Administrator, and any other interested person may present such
relevant evidence as he or she may have relating to the determination from which the appeal
is taken.
(d) Based upon the submission of such evidence and the review of the City's files, the City
Administrator shall issue a written notice.and order upholding, modifying or reversing the
determination from which the appeal is taken. .The notice shall be given within(30)days
after the conclusion of the hearing and shall state the reasons for the decision. If the City
Administrator fails or refuses to act on a refund claim within the fourteen(14) day period, the
claim shall be deemed to have been rejected by the City Administrator on the fourteenth
(14`h) day.
(e) An appeal from a decision by the City Administrator may be filed with the City Clerk no later
than fourteen (14) calendar days after the date of the decision. The notice of appeal shall be
accompanied by the fee fixed by resolution of the City Council. The City Clerk shall set the
matter for hearing before the City Council at the next regularly scheduled City Council
meeting and shall give notice of the hearing to the appellant. The City Council shall issue a
written notice and order upholding, modifying or reversing the City Administrator's
determination. The notice shall specify that the decision is final and that any petition for
judicial review shall be filed within ninety(90) days from the date of the decision in
accordance with Code of Civil Procedure Section 1094.6.
(f) All notices under this section may be sent by regular mail,postage prepaid, and shall be
deemed received on the third calendar day following the date of mailing, as established by a
proof of mailing.
(3610-8/03)
3.36.220 No Iniunction/Write of Mandate.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit,action,
or proceeding in any court against this City or against any officer of the City to preventor enjoin
the collection under this Chapter of any tax or any amount of tax required to becollected and/or
remitted.
(3610-8/03)
3.36.230 Remedies cumulative.
All remedies and penalties prescribed by this Chapter or which are available under any other
provision of law or equity, including but not limited to the California False Claims Act
(Government Code Section 12650 et seq) and the California Unfair Practices Act (Business and
Professions Code Section 17070 et seq) are cumulative. The use of one or more remedies by the
City shall not bar,the use of any other remedy for the purpose of enforcing the provisions of this
Chapter.
(3610-8/03)
3.36.240 Notice of Changes to Ordinance.
If a tax under this Chapter is added, repealed, increased, reduced, changes the tax base or makes
any other charges or interpretation to the tax that would effect the collection or remittance of the
tax, (such as administrative rulings from the Tax Administrator), the Tax Administrator shall
follow the notice requirements of Public Utilities Code Section 799. Prior to the effective date of
the ordinance change, the service supplier shall provide the Tax Administrator with a copy of any
written procedures describing the information that the service supplier needs to implement the
ordinance change. If the service supplier fails to provide such written instructions,
(8/03)
e
e
Huntington Beach Municipal Code 3.36.240--3.36.250(g)
r
the Tax Administrator, or its agent, shall send,by first class mail, a copy of the ordinance change
to all collectors and remitters of the City's utilities taxes according to the latest payment records
of the Tax Administrator.
(1598-1.0170, 3610-8/03)
3.36.250 Senior citizen's Exemption.
(a) The tax imposed by this Chapter shall not apply to any individual service user sixty-two (62)
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.
(b) Any service user,meeting the requirements for the senior citizen's exemption,may file a
verified application v6th the Tax Administrator on a form furnished by him or her. The Tax
Administrator shall review all applications and certify those service users as exempt who
meet the requirements for the exemption provided by this Chapter.
(c) The Tax Administrator shall compile a list of all service users entitled to the senior citizen's
exemption, together with the addresses, account numbers, if any, of such service users, and
• such other information as maybe necessary for service suppliers to remove exempt service
users from their tax billings.
(d) No service supplier shall be required to bill any exempt senior citizen for any tax imposed by
this Chapter after receipt of notice from the Tax Administrator that such service user has met
the requirements for exempt status established by the provisions of this Chapter.
(e) The senior citizen's exemption provided for in this Chapter shall continue and be renewed
automatically from year to year except as hereinafter provided. An exempt service user shall
notify the Tax Administrator 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 Tax Administrator new verified applications in order
to receive exempt service at a new address or location.
(f) 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 Tax Administrator to do so.
(g) 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."
. (2452-10/80,2470-2/81,2886-12/86,3095-4/91,3610-8/03)
8/03
e
a
•
Huntington Beach Municipal Code Title 5 Index
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 General Provisions
5.08 Licensing Procedures
5.10 (Repealed, Ord.No. 3603-6/03)
5.12 (Repealed, Ord.No. 3603-6/03)
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 (Repealed, Ord.No. 3560-7/02)
5.41 (Repealed, Ord.No. 3560-7/02)
5.44 Restaurants--Amusement and Entertainment Premises
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 Police-Directed Motor Vehicle Towing Service
.5.67 Non-Consensual Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.71 Escort Service
5.72 Fortunetelling
5.74 Harmful Matter
8
Huntington Beach Municipal Code 5.04.010-5.04.010(o '
Chapter 5.04
GENERAL PROVISIONS
(766-7/60,838-6/61,904-6/62,1461-2/69,1924-7/74,1935-11/74,2594-2/83,2679-3/84,3603-6/03)
Sections:
5.04.010 Definitions.
5.04.020 Purpose:
5.04.030 Effect on other ordinances.
5.04.040 Effect on past actions and obligations.
5.04.050 Prohibited occupations.
5.04.060 Permit from council required for certain businesses.
5.04.070 (Repealed, Ord.No. 3603 -6/03)
5.04.080 Investigation fees.
5.04.090 License not a permit.
5.04.010 Definitions.Unless the particular chapter,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 Title 5. (3603-06/03)
(a) "Amusement machine"means any mechanical or electronic game, equipment, machine or
device which is played or operated for amusement or entertainment, wherein a sum of money is
charged or collected for the operation of such machine or device by means of a coin slot or
otherwise. (3603-6/03)
(b) "Apartment house"means any building, or portion thereof,which is designed, built, rented,
leased, let or hired out to be occupied,.or which is occupied as the home or residence of two or
more families living independently of each other, in which building or portion thereof,kitchen
or cooking facilities are incorporated,whether or not the occupants do their cooking in said
building, and shall include flats and apartments. This section shall not apply where the building
or portion thereof mentioned above consists of two units on a single lot as long as one of such
units is owner occupied. (3603-06103)
(c) "Auto wrecker"means any person who buys any motor vehicle for the purpose of dismantling or
disassembling, or who dismantles or disassembles any such motor vehicle whether for the
purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any
other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle
or vehicles. (3603-6103)
(d) "Average number of employees"means the full-time equivalent of employees in the managing,
operating,transacting and carrying on of any business in the city. The average number of
employees for any business means the average number of persons employed daily for the
twelve-month period ending on December 31 preceding the date of license application and shall
be determined by ascertaining the total number of hours of service performed by all employees
during such year, and dividing the total number of hours of service thus obtained by the number
of hours of service constituting a day's work, according to the custom or laws governing such
employments, and by again dividing the sum thus obtained by the number of business days in
such year. (3603-6/03)
(e) "Bulk-vending machine"means a nonelectrically-operated vending machine, containing
unsorted confections,nuts or merchandise which, upon insertion of a coin or coins, dispenses
same in equal portions, at random and without selection by the customer, excluding "vending
machines." (3603-6/03)
(f) "Business"means professions, trades, and occupations and all and every kind of calling whether
or not carried on for profit. (3603-6/03)
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5.04.010(g}--5.04.010(p) Huntington Bench Municipal Code
(g) "City Treasurer"means the City Treasurer and his or her designee. (3603-6103)
(h) "Dinner dancing place"means a place where music is provided and the public is permitted to
dance without payment of a fee. (766-7i60,904-6/62,1604-10i7o,3100-5/91,3161-7/92,3603-Fos)
(i) `Event"means certain short-term events which may be held on public or private property by
persons, charitable organizations or businesses, at which some measure of business is conducted
which may include the sale of tickets, entry fees or registration, the promoting or advertising of a
business or organization, fund-raising events, or the sale of merchandise. These events include
but are not limited to art shows, sidewalk sales, seminars, trade shows, amusement attractions,
fashion shows, marathon runs, car shows, festivals, sporting events or any combination thereof.
(3603-6103)
(j) "Exhibitors"means any person or organization exhibiting, displaying, selling, exchanging,or
offering for sale or exchange any property or service at a meet or event. (3603-6/03)
(k) "General building contractor"means a contractor whose principal contracting business is in
connection with any structure built,being built or to be built, for the support, shelter and
enclosure of persons, animals, chattels or movable property of any kind, requiring in its
construction the use of more than two (2) unrelated building trades or crafts or to do or
superintend the whole or any part thereof. (3603-6/03)
(1) "General engineering contractor"means a contractor whose principal contracting business is in
connection with fixed works requiring specialized engineering knowledge and skill, including
the following divisions or subjects: irrigation, drainage, waterpower,,water supply, flood =:
control, inland waterways,harbors, docks and wharves; shipyards and ports,levees,river control
and reclamation works, railroads, highways, streets and roads, tunnels, sewers and sewage
disposal plants and systems,pipelines and other systems for the transmission of petroleum and
other liquid or gaseous substances, parks,playgrounds and other recreational works,refineries,
chemical plants and similar industrial plants requiring specialized engineering knowledge and
skill,powerhouses,power plants and other utility plants and installations, land leveling and
earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement
and concrete works in connection with the abovementioned fixed works. (3603-E03)
(m)"Hotel,motel or rooming house"means any lodging house, motel, hotel, rooming house,
bungalow court, auto court or public or private club containing more than three guest rooms or
units, and which is occupied or is intended or designed for occupancy by more than three (3)
guests,whether rent is paid in money, goods, labor, services or otherwise and,�A-hich is
maintained, advertised or held out to the public as a place where sleeping or rooming
accommodations are furnished to the whole or;any part of the public whether with or without
meals. (3603-6/03)
(n) "Junk collectors"means any person, other than a junk dealer engaged in the business of buying
or selling, either at wholesale or retail,rags,bottles, papers, cans,metal or other articles of junk.
(3603-6/03)
(o) "License"means a license required for any person conducting, transacting, carrying on or
engaged in any business, trade,profession, calling or occupation in the City. (3cv3-6/03)
(p) "Licensee"means any person conducting, transacting, carrying on or engaged in any business in
the City who has acquired, or is required to obtain, a business license. (3603-6/03)
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Huntington Beach Municipal Code 5.04.010(q}-5.04.010(y)
(q) `Merchandise"means tangible items,wares, goods, objects and articles which maybe offered
for sale. (3603-6103)
(r) "Operator"means any person conducting or operating a swap meet,or event within the City.
This shall include such events commonly referred to as a farmer's market and arts and craft
shows. (3603-6103)
(s) "Peddler"means any person not having a fixed place of business in this city, who for himself, or
as agent or representative for or of another,goes from house to house, and place to place, or at
or along the streets of this city offering to sell tangible objects or articles, goods,wares,
merchandise or services,who delivers such object, article, goods, wares, merchandise or service,
in person, to the person placing the order for the same, at the time such order is placed and paid
for. (3603-6/03)
(t) "Person"means all domestic and foreign corporations, associations, syndicates,joint stock
corporations,partnerships of every kind, clubs, or common law trusts, societies and individuals
transacting and carrying on any business in the city other than as an employee. (3603-6/03)
(u) "Public dance"means a dance open to the public for an admittance fee or charge, which is held
on one day only. (3603-6/03)
(v) "Public dance hall"means a place open to the public upon payment of admittance fee,wherein
music is provided and people are allowed to dance which is so open at regular,intervals or on
regular days of the week. (3603-6103)
(w)"Service Machine"means any mechanical or electronic machine; device or equipment that is
operated, rented or used for a fee and provides a service to the customer, such as computers,
scanners,photocopiers,weighing machines, vacuum cleaners or car washes. (3603-6/03)
(x) "Solicitors and canvassers"means any person not having a fixed place of business within the
city who for himself or as agent or representative for or of another, in person or by telephone or
by any other means of communication is engaged in the business of going from house to house
and place to place or at or along the streets of this city, offering to sell intangibles, such as bonds
or stock or oil or mining shares or units, or soliciting or taking orders for future delivery of
articles, goods,wares or merchandise, services or subscriptions inclusive of newspapers,
magazines,periodicals,books and all other publications, and whether collecting advance
payments or not, and inclusive of all persons who thus go from place to place, and from house to
house within the city, in any like or analogous activities, and inclusive of any and all such
persons who mayor may not engage in any actual or purported interstate commerce. The terms
"solicitor" and "canvasser".shall not apply to commercial salesmen, agents and the like who sell
or take orders for the sale of wholesale goods to persons maintaining a fixed place`of business in
this city who are licensed as prescribed by this title. (3603-6/03)
(y) "Specialty contractor"means a subcontractor and is a contractor whose operations as such are
the performance of construction or other work requiring special skill and whose principal
contracting business involves the use of specialized building trades or crafts or other specialized
techniques and who is not classified as a general engineering or general building contractor by
the Department of Professional and Vocational Standards of the State of California, and those
various categories of contractors who are not required to be and who are not licensed as
"contractors" by the aforementioned department. The classification assigned to contractors
06103
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• Huntington Beach Municipal Code 5.04.010(q}-5.04.010(y)
(q) "Merchandise"means tangible items, wares,goods, objects and articles which may be offered
for sale. (3603-6/03)
(r) "Operator"means any person conducting or operatinga swap meet,or event within the City.
This shall include such events commonly referred to as a farmer's market and arts and craft
shows. (3603-6/03)
(s) "Peddler"means any person not having a fixed place of business in this city,who for himself, or
as agent or representative for or of another, goes from house to house, and place to place, or at
or along the streets of this city offering to sell tangible objects or articles, goods, wares,
merchandise or services,who delivers such object, article, goods, wares, merchandise or service,
in person, to the person placing the order for the same, at the time such order is placed and paid
for. (3603-6/03)
(t) "Person"means all domestic and foreign corporations, associations, syndicates,joint stock
corporations,partnerships of every kind, clubs, or common law trusts, societies and individuals
transacting and carrying on any business in the city other than as an employee. (3603-6/03)
(u) "Public dance"means a dance open to the public for an admittance fee or charge,which is held
on one day only. (3603-6103)
(v) "Public dance hall"means a place open to the public upon payment of admittance fee,wherein
music is provided and people are allowed to dance which.is so open at regular intervals or on
• regular days of the week. (3603-6/03)
(w)"Service Machine"means any mechanical or electronic machine,device or equipment that is
operated, rented or used for a fee and provides a service to the customer, such as computers,
scanners,photocopiers, weighing machines,vacuum cleaners or car washes. (3603-6/03)
(x) "Solicitors and canvassers"means any person not having a fixed place of business within the
city who for himself or as agent or representative for or of another, in person or by telephone or
by any other means of communication is engaged in the business of going from house to house
and place to place or at or along the streets of this city, offering to sell intangibles, such as bonds
or stock or oil or mining shares or units, or soliciting or taking orders for future delivery of
articles, goods, wares or merchandise, services or subscriptions inclusive of newspapers,
magazines, periodicals,books and all other publications, and whether collecting advance
payments or not, and inclusive of all persons who thus go from place to place, and from house to
house within the city, in any like or analogous activities,.and inclusive of any and all such
persons who may or may not engage in any actual or purported interstate commerce. The terms
solicitor" and "canvasser"shall not apply to commercial salesmen, agents and the like who sell.
or take orders for the sale of wholesale goods to persons maintaining a fixed place of business in
this city who are licensed as prescribed by this title. (3603-6/03)
(y) "Specialty contractor"means a subcontractor and is a contractor whose operations as such are
the performance of construction or other work requiring special skill and whose principal
contracting business involves the use of specialized building trades or crafts or other specialized
techniques and who is not classified as a general engineering or general building contractor by
the Department of Professional and Vocational Standards of the State of California,and those
various categories of contractors who are not required to be and who are not licensed as
• "contractors" by the aforementioned department. The classification assigned to contractors
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5.04.010(y)-5.04.090 Huntington Beach Municipap Code •
by the State of California will be used in determining the fee for issue of license by this city. A
license as a specialty or subcontractor will not be issued to a person classified by the state as a
general or engineering contractor unless such contractor holds a valid sub or specialty contractor.
.classification license in addition to his general or engineering license. (3603-6/03)
(z) "Stall, Space or Booth" shall be defined as a physical area measuring one hundred and forty-four
(144) square feet or less. (3603-6/03)
(aa)"Swap Meet"means an operation of occasional,periodic or regularly scheduled markets held
within a building of at least 100,000 square feet,or outside,that has received a conditional use
permit to conduct an indoor swap meet. (3603-6/03)
(bb)"Vending machine"means any weighing, service, merchandise, food or drink-dispensing
machine, or device wherein a sum of money is charged or collected for the operation of such
machine or device by means of a coin slot or otherwise, excluding "bulk-vending machines."
(766-7/60,838-6/61,904-6/62, 1461-2/69,1924-7l74, 1935 1 V74,2594-2/83,2679-3/84,3603-6/03)
5.04.020 Purpose. The ordinance codified herein is enacted solely to raise revenue for municipal
purposes, and is not intended for regulation. (766-7/60)
5.04.030 Effect on other ordinances. Persons required to pay a license tax for transacting and
carrying on any business under this title shall not be relieved from the payment of any license tax for
the privilege of doing such business required under any other ordinance of the City of Huntington
Beach, and shall remain subject to the regulatory provisions of other ordinances. (766-7/60)
5.04.040 Effect on past actions and obligations. Neither the.adoption of the ordinance codified
herein nor its superseding of any portion of any other ordinance of the city,shall in any manner be, .
construed to affect prosecution for violation of any other ordinance committed prior to the effective
date hereof, nor be construed as a waiver of any license or any penal provision applicable to any
such violation, nor be construed to affect the validity of any bond or cash deposit required by any
ordinance to be posted,filed or deposited, and all rights and obligations thereunto appertaining shall
continue in full force and effect. (766-7/60)
5.04.050 Prohibited occupations. Nothing in this title shall be construed to permit the conduct of
any trade, business or occupation which is prohibited by an applicable federal, state or municipal
ordinance or regulation, or which has been declared illegal or to constitute a nuisance by any
governmental or municipal authority. (852-8/61)
5.04.060 Permit from Council required for certain businesses. No license shall be issued for the
conduct of any business which,in the opinion of the City Treasurer would be.detrimental to the
public health, safety, welfare or moral standards of the City until a permit shall have first been
obtained from the City Council or appropriate City department. (838-&61,3603-6iO3)
5.04.080 Investigation fees. Investigation fees may be levied against business applicants, firms,
persons or subsequent employees, when so designated by the City Administrator and City Council.
Said fees shall be reasonable and based on standards set by the City Administrator and shall be payable
to the City Treasurer prior to the police investigation. Fees are not refundable. (1171-1/66,3603-6/03)
5.04.090 License not a permit. The business licenses issued pursuant to the provisions of this title
constitute a receipt for the license fee paid and shall have no other legal effect. A business license is a
requirement, not a permit to conduct, manage or carry on any business activity within this city. (838-6/61)•
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Huntington Beach Municipal Code 5.08.010--5.08.015 e
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Chapter 5.08
LICENSING PROCEDURES
(76-7/60,327-4/29,372-3/34,838-6/61,904-6/62, 1605-10/70,3603-6/03)
(3603 Repealed Chapter 5.10—Enforcement of Title—327-4/29, 766-7/60,838-6/61, 904-6/62, 1842-6/73 and
Repealed Chapter 5.12—Exemptions to Provisions—.766-7/60, 1224-8/66)
Sections:
5.08.010 License Required
5.08.015 Evidence of doing business
5.08.020 Exemptions--Generally
5.08.030 Conflict with other provisions--Tax payment
5.08.040 Fee payment--Average number of employees
5.08.050 License--Term
5.08.060 Additional sums due before renewal
5.08.065 Application, license process and renewal fees
5.08.070 Fee payment--When ceasing business
5.08.080 Fee payment--Due when
5.08.090 Nontransferable--Amended for changed location
5.08.100 Delinquent payment--Penalty
5.08.110 Delinquent payment--Bars further license
5.08.120 Bonds--Required when
5.08.130 Bonds--Form
5.08.140 Separate license--Branch establishments
5.08.150 Unexpired prior to ordinance
5.08.160 Replacement--Fees
508.170 Posting and keeping .
5.08.180 Application—Contents
508.190 (Repealed,-Ord.No. 3603-06/03)
5.08.200 Error by City Treasurer--Correct amount due
5.08.210 (Repealed, Ord. No. 3603-06/03)
5.08.220 Statements not conclusive determination
5.08.230 Failure to file statement
5.08.240 (Repealed, Ord.No. 3603-06/03)
5.08.250 Additional power of City Treasurer
5.08.260 Deposit of fees,penalties and other moneys into general fund
5.08.270 Renewal
5.08.280 Examination of business place
5.08.290 Officers' right of entry
5.08.300 License—Revocation—Suspension
5.08.310 Appeal
5.08.320 Appeal procedure
5.08.330 Hearing-Licensee right
5.08.340 License-Tax—A debt
5.08.350 Remedies cumulative
5.08.360 Zoning and other regulations
5.08.370 Violation—Penalty.
5.08.010 License--Required. There are imposed upon the businesses, trades,professions,
callings and occupations specified in this title license taxes in the amounts hereinafter prescribed.
It shall be unlawful for any person to transact and carry on any business,trade, profession, calling
or occupation in the city without first having procured a license from the city so to do or without
complying with any and all applicable provisions of this title. (327-4/29, 766-7/60)
5.08.015 Evidence of doing business. When any person shall by use of signs, circulars, cards,
telephone book or newspapers, advertise,hold out, or represent that the person is in business in the
City, or when any person holds an active license or permit issued by a governmental agency
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5.08.015--5.08.020(b) Huntington Beach Municipal Code
indicating that the person is in business in the City, and such person fails to deny by a sworn
statement to the City Treasurer that they are conducting business in the City, after being
requested to do so by the City Treasurer or authorized employees of the City, then these facts
shall be considered prima facie evidence that the person is conducting a business in the City.
.(3603-6/03)
5.08.020 Exemptions--Generallv. Nothing in this title shall be deemed or construed to apply to
any person transacting and carrying on any business exempt by virtue of the Constitution or
applicable statutes of the United States or the State of California from payment of such taxes as
are herein prescribed. (327-4/29,766-7/60, 3603-6/03)
(a) Interstate commerce. None of the license taxes provided for by this title shall be so applied
as to occasion an undue burden upon interstate commerce. In any case where a license tax is
believed by a licensee or applicant for license to place an undue burden upon such commerce,
he may apply to the City Treasurer for an adjustment of the tax so that it shall not be
discriminatory or unreasonable as to such commerce. Such application may be made before,
at or within six (6)months after payment of the prescribed license tax. The applicant shall,
by affidavit and supporting testimony, show his or her method of business and the average
number of employees or estimated average number of employees and such other information
as the City Treasurer may deem necessary in order to determine the extent, if any, of such
undue burden on such commerce. The City Treasurer shall then conduct an investigation,
and after having first obtained the written approval of the City Attorney, subject to the
approval of the City Council, shall fix as the license tax for the applicant, an amount that is
reasonable and nondiscriminatory, or if the license tax has already been paid, shall order a
refund of the amount over and above the license tax so fixed. In fixing the license tax to be
charged,the City Treasurer shall have the power to base the license tax upon the average
number of employees or any other measure which will assure that the license tax assessed
shall be uniform with that assessed on businesses of like nature, so long as the amount
assessed does not exceed the license tax as prescribed by this title. Should the City Treasurer
determine the average number of employees measure of license tax to be the proper basis,he
or she may require the applicant to submit, either at the time of termination of applicant's
business in the city or at the end of each three (3) month period, a sworn statement of the
average number of employees and pay the amount of license tax therefor,provided that no
additional license tax during any one (1) calendar year shall be required after the licensee
shall have paid an amount equal to the annual license tax as prescribed in this title. (3603-6/03)
1. Any person claiming an exemption pursuant to this chapter shall file a verified statement
with the City Treasurer stating the facts upon which exemption is claimed. (3603-6/03)
2. The City Treasurer shall,:upon a.proper showing contained in the verified statement,
subject to approval of the City Council, issue a license to such person claiming exemption
under this section without payment to the city of the license tax required by this title.
(3603-6/03)
3. The City Treasurer, after giving notice and a reasonable opportunity for hearing to a
licensee, as provided in sections 5.08.240 and 5.08.250, may revoke any license granted
pursuant to the provisions of this section upon information that the licensee is not entitled
to the exemption as provided herein. (3603-6/03)
(b) Charitable and nonprofit organizations. As used in this title, "charitable" and"nonprofit
organizations"shall include only religious, charitable, fraternal, educational, military, state,
county or municipal organizations or associations as defined by Internal Revenue Code
§501(c). The provisions of this chapter shall not be deemed or construed to require the
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® Huntington Beach Municipal Code 5.08.020(b)--5.08.020(c)3(c)
payment of a license tax to conduct, manage or carry on any business, occupation or activity
from any institution or organization which.is conducted, managed or carried on wholly for
the benefit of charitable purposes or from which profit is not derived,either directlyor
indirectly, by any,person, nor shall any license tax be required for the conducting of any
entertainment, concert, exhibition or lecture on scientific, historical,literary, religious or
moral subjects within the City whenever the receipts of any such entertainment, concert,
exhibition or lecture are to be appropriated at any church or school or to any religious or
benevolent purpose; nor shall any license tax be required for the conducting of any
entertainment, dance, concert, exhibition or lecture by a religious, charitable, fraternal,
educational, military, state, county, or municipal organizations or associations, or lecture are
to be appropriated for the purpose and object for which such organization or association was
formed and from which profit is not derived, either directly or indirectly,by any person,
provided, however, that nothing in this section shall be deemed to exempt any such
organization or association from complying with any of the provisions of this code requiring
a permit from the City Council or other City department, or any commission or officer to
conduct, manage or carry on any profession, trade calling or occupation. (3603-6/03)
(c) Disabled veterans=Exempted when. Every honorably discharged soldier, sailor or marine of
the United States,who is physically unable to obtain his or her livelihood by means of
manual labor and who is a qualified voter of the State of California, shall have the right to
hawk, peddle and vend any goods, wares, or merchandise owned by him, except spiritous,
malt,vinous or other intoxicating beverages, without the payment of a license fee, subject,,
• however, to the restrictions,limitations,regulations and conditions hereinafter set forth.
Every.applicant must"comply with the following requirements before a license may be issued
under the provisions of this chapter: (3603-6/03)
1. Every applicant must furnish a certificate of physical disability executed by a qualified
surgeon of the United States Navy, Army,Marines, Air Force or U. S. Public Health
Service, a certificate of honorable discharge from the United States Navy, Army,
Marines, Air Force or U. S. Coast Guard, and a written recommendation from the
representatives of the local posts of the American Legion and/or the Veterans of Foreign
Wars. (3603-6/03)
2. Every applicant must furnish two (2)identification photographs,one to be attached to the
license issued to said applicant, and the other to be attached to the copy retained by the
City Treasurer. The applicant must also sign both copies of the license at the time of the
issuance thereof (3603-6/03)
3. License.issuance conditions. A license when issued is subject to the following
conditions: (3603-6/03)
(a) It is nontransferable and for the exclusive use of the licensee named; (3603-6/03)
(b) Applicant's identification photograph must be attached to the license at all times, and
failure to comply herewith is grounds for revocation of the license and for refusing its
renewal or the issuance of a new license thereafter; (3603-6/03)
• (c) The licensee named must identify himself or herself by his or her signature and
present a valid license whenever required to do so by a Police Officer or City
Treasurer; (3603-6/03)
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5.08.020(c)3(d)--5.08.090 Huntington Beach Municipal Code
•
(d) Every license issued under the provisions of this section shall expire thirty(30) days
from and after the date of issuance and a new license may thereafter be issued
pursuant to the provisions of this section subject to review by the City Treasurer;
(3603-6/03)
(e) It is unlawful for any person, other than the licensee named,to use or:have in his or
her possession any license issued pursuant to the provisions of this section; (3603-sio3)
(f) It is unlawful for any person to purchase or transfer any license issued pursuant to the
provisions of this section, or for any person to transfer or convey the certificates
mentioned in Section 5.08.020(c)I above, to any other person for the purpose of
securing a license as herein provided. (3603-6/03)
5.08.030 Conflict with other provisions—Tax payment. Persons not required to obtain a
license prior to doing business within the city because of conflict with applicable statutes of the
United States or of the State of California shall not be liable for payment of the tax imposed by
this title. (327-4/29,766-7/60, 3603-6/03)
5.08.040 Fee pavment--Average number of emplovees. In the case of an application for
license under the average number of employees classification, the applicant, shall pay the entire
minimum fee plus the amount based on the average number of employees at the time the
application for license is made. (766-7/60,904-6/62, 1605-10/70,3603-6/03)
5.08.050 License--Term. The fees for all licenses,whether under flat rate (annual) status or •
classifications A, 13, C and D, shall be payable in advance,and such license shall cover.the.,
period of one year from the f rst,day of the month in,which said license is issued: (?ss-7I60,
904=6/62 1605-10/70)
5.08.060 Additional sums due before renewal. No renewal license shall be issued until the full
amount due and payable, including any penalties or other unpaid permit fees or taxes levied by
any City department have been paid in full. (766-7/60, 904-6/62, 1605-10/70,3603-6/03)
5.08.065 Application, license process and renewal fees. A non-refundable processing fee shall
be paid at the time of application and a non-refundable renewal fee shall be paid annually to
renew the business license. These fees shall be established by resolution of the City Council.
These fees shall be in addition to any other taxes or fees required by this title or required under
any other chapter of this Code. (3603-6/03)
5.08.070 Fee payment--When ceasing business. In no event shall any portion of the fee be
refundable in the event,a business shall cease operation. ;(766-7/60,904-6/62, 1.605-10/70,3603-6/03) .
5.08.080 Fee pavment--When due. The license fee payable under the average number of
employees classification shall be due and payable in the case of an original license before the
license is issued, and in the case of a renewal license, shall accompany the application for
renewal. (766-7/60,904-6/62, 1605-10/70,3603-6/03)
5.08.090 Nontransferable--Amended for changed location. No license issued pursuant to this
title shall be transferable; provided, that where a license issued authorizing a particular person to
transact and carry on a business at a particular place or under a particular business name, such
licensee may upon application therefor and paying a fee as adopted by Resolution of the City •
Council have the license amended to authorize the transacting and carrying on of such business
under said license at some other location to which the business is or is to be moved or business
name. (766-7/60,838-6/61, 1605-10/70,3603-6/03)
6/03
S
Huntington Beach Municipal Code 5.08.100-5.08.180
® 5.08.100 Delinquent payment--Penalh,. For failure to pay a license tax when due, the City
Treasurer shall add a penalty of ten percent(10%) of the license tax on the last day of each month
after the due date thereof. (766-7/60,3603-6/03)
5.08.110 Delinquent payment--Bars further license. No license shall knowingly be issued to ,
any person who,at the time of making application for any license, is.indebted to the city for any
prior unpaid license fee or other fee,permit or invoice. (372-3/34,838-6/61 3603-6/03)`
5.08.120 Bonds--Required when. Where,by the terms of this title, a bond is required to be
furnished by any person accruing or applying for a license, such person shall, before the issuance
to him of such license, deliver to the City Treasurer a bond, executed by any reliable surety
company or by two (2) personal sureties, each of whom is the owner of property within the city,
of the value of twice the amount of the penal sum of the bond. (327-4/29, 766-7/60,3603-6/03)
5.08.130 Bond--Form. The conditions of the bond shall be in a form approved by the City
Attorney. (327-4/29, 766-7/60,3603-6/03)
5.08.140 Separate license--Branch establishments. A separate license must be obtained for
each branch establishment or location of the business transacted and carried on and for each
separate type of business at the same location, and each license shall authorize the licensee to
transact and carry on only the business licensed thereby at the location or in the manner
designated in such license;provided that warehouses and distributing plants used in connection
with and incidental to a business licensed under the provisions of this title shall not be deemed to
be separate places of business or branch establishments. (766-7/60)
5.08150 Unexpired prior to ordinance. Where a license for revenue purposes has been issued
to any business by the city and the tax paid therefore under the provisions of any ordinance
heretofore enacted and the term of such license has not expired,then the license tax prescribed
for the business by this title shall not be payable until the expiration of the term of such
unexpired license. (766-7/60)
5.08.160 Replacement—Fees. A duplicate license, license decal or license plate may issued
by the City Treasurer to replace any license, license decal or license plate previously issued
hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at
the time of filing such statement,paying the City Treasurer a fee as adopted by Resolution of the
City Council. (766-7/60,838-6/61, 1605-10/70,3603-6103)
5.08.170 Posting and keeping. All licenses must be kept and posted in the following manner:
(a) Any licensee transacting or carrying on business at a fixed place of business in the city shall
keep the license posted in public view upon the premises where such business is carried on`
and have in or upon the licensee's business vehicles the business license or other form of
license as designated by the City Treasurer issued for such vehicle. (3603-6/03)
(b) Any licensee transacting and carrying on business but not operating at a fixed place of
business in the city shall keep the license upon his person at all times while transacting and
carrying on such business and have in or upon each of the licensee's business vehicles, at the
time of operation in this city, the business license or other form of license as designated by
the City Treasurer issued for such vehicles. (766-7/60,838-6/61,3603-6/03)
5.08.180 Application--Contents. Before any license is issued to any person, unless otherwise
provided in this title, a written application by the applicant shall be made to the City Treasurer,
upon a form to be secured from the City Treasurer and which application shall contain the
following information: (3603-6/03)
06/03
5.08.180(a)--5.08.250 Huntington Beach Municipal Code E
(a) The exact nature or kind of business, profession, show, exhibition, game, occupation or
enterprise for which the license is requested;
(b) The place where such business, profession, show, exhibition, game, occupation or enterprise
is to be carried on,and if the same is not to.be carried on at any permanent place of business,
the places of residence of the owners of the same;
(c) Any further information which the City Treasurer may require to enable him or her to issue
the type of license applied for; (3603-6/03)
(d) In the event that application is made for the issuance of a license to a person doing business
under a fictitious name, the application shall set forth the names and place of residence of
those owning the business, profession, show, exhibition, game, occupation or enterprise.
(766-7/60)
5.08.200 Error by City Treasurer—Correct amount due. In no case shall any mistake of the
City Treasurer in stating the amount of a license prevent or prejudice the collection by the city of
what should be actually due from any person carrying on any business,profession, show,
exhibition, game, occupation or enterprise subject to a license under the provisions of this title.
(766-7/60,3603-6/03)
5.08.220 Statements not conclusive determination.
(a) No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the
same preclude the city from collecting by appropriate action such sum as is actually due and
payable hereunder. Such statement and each of the several items therein contained_ shall be
subject to audit and verification by the City Treasurer. (3603-6103)
(b) All licensees, applicants for license, and persons engaged in business in the city are required
to permit an examination of such books and records for the purposes aforesaid.
(c) The information furnished or secured pursuant to this section or Section 5.08.210 shall be
confidential except that information which is deemed to be public records pursuant to state
law. Any unauthorized disclosure or use of such information by any officer or employee of
the city shall constitute a misdemeanor and such officer or employee shall be subject to the
penalty provisions of this title in addition to any other penalties provided by law. (766-7/60,
3603-6/03)
5.08.230 Failure to file statement. If any person fails to file any required statement within the
time prescribed, or.if after demand therefor made by the City Treasurer, such person fails to file a
corrected statement,the City Treasurer may determine the amount of license tax due from such -
person by means of such information as he or she may be able to obtain. (3603-6/03)
5.08.250 Additional power of City Treasurer. In addition to all other powers conferred upon
the City Treasurer,he or she shall have the power, for good cause shown, to extend the time for
filing any required s�vom statement for a period not exceeding thirty(30) days, and in such case
to waive any penalty that would otherwise have accrued in accordance with the City Charter and
Municipal Code; and shall have the further power, with the consent of the City Council, to
compromise and claim as to amount of license tax due. (766-7/60, 3603-6/03)
06/03
a
Huntington Beach Municipal Code 5.08.260--5.08.330
5.08.260 Deposit of fees, penalties and other moneys into general fund. All fees,penalties
and other moneys received by the City Treasurer pursuant to the provisions of this title shall be
deposited to the:general fund of this city upon the same day or the business day next following
the receipt of the same. (3603-6/03)
5.08.270 Renewal. The licensee shall renew the license annually by payment of the tax and
renewal fee as set forth by Resolution of the City Council,regardless of whether or not a renewal
notice is received by the licensee. (3603-6/03)
5.08.280 Examination of business place. The City Treasurer, in the exercise of the duties
imposed upon him or her hereunder, shall examine or cause to be examined all places of business
in the city to ascertain whether the provisions of Chapters 5.04 through 5.16 of this title have
been complied with. (3603-6/03)
5.08.290 Officers' right of entry. The City Treasurer, Code Enforcement Officers, and any
Police Officer shall have the power and authority to enter, free of charge at any reasonable time,
any place of business required to be licensed herein, and demand exhibition of the licensee's
business license. Any person having such business license theretofore issued, in his, her or its
possession or under his,her or its control, who willfully fails to exhibit same on demand,shall be
guilty of a misdemeanor and subject to the penalties provided by this title. (3603-6/03)
5.08.300 License—Revocation---Suspension.
(a) Any licensee.who is conducting the business licensed in such a manner as to be.detrimental
to the public health,morals or safety-of the general public or shall permit the violation of city
ordinances, state laws or the laws of the United States of America within its licensed
establishment shall be subject to having its license suspended or permanently revoked by the
City Treasurer. (3603-6/03)
(b) The licensee shall be provided with written notice by first class mail,postage prepaid, of such
revocation and/or suspension. (3603-6/03)
5.08.310 Appeal. Any person aggrieved by any decision of the City Treasurer under Huntington
Beach Municipal Code Chapters 5.04—5.16 may file an appeal with the City Clerk within fifteen
(15) days of the date of mailing of the notice of revocation or suspension, and, at the time of such
filing, pay a fee as adopted by Resolution of the City Council. (3603-6/03)
5.08.320 Appeal procedure.
(a) The City Clerk shall schedule a hearing to be held within fifteen(15) days after the filing of
the notice of appeal. (3603-6/03)
(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 licensee at the address given in the notice of appeal, or if none is
provided, to the address set forth in the permit application. (3603-6/03)
(c) The City Council, or their designee, shall have authority to determine all questions raised on
• such appeal. The decision of the City Council or their designee shall be final. (3603-6/03)
5.08.330 Hearing—Licensee right. At such hearing, the licensee shall be entitled to be
represented by counsel, and shall be given full opportunity to show cause why its license shall
not be revoked or suspended. (3603-6/03)
06103
5.08.340--5.08.370 Huntington Beach Municipal Code
5.08.340 License—Tax—A debt. The amount of any license tax and penalty imposed by the
provisions of this title.shall be deemed a debt to the city. An action maybe commenced in the
nameof the city in any court of competent jurisdiction for the amount of any delinquent license
tax and penalties. (3603-6/03)
5.08.350 Remedies cumulative. All remedies prescribed hereunder shall be cumulative and the
use of one or more remedies by the city shall not bar the use of any other remedy for the purpose
of enforcing the provisions hereof. (3603-6/03)
5.08.360 Zoning and other regulations. No license shall be issued to any person failing to
present all appropriate zoning permits, or who has failed to comply«zth any other provision of
this code. (3603-6/03)
5.08.370 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.
(3603-6/03)
�r
6/03
e
Huntington Beach Municipal Code 5.16.010 e
Chapter 5.16
• RATES
(327-4/29, 766-7/60,838-6/61,904-6/62, 1461-2/69, 1604-10/70, 1605-10/70,1652-9/71,2022-1/76,2594-2/83,
2784-9/85,2965-10/88,3100-5/91,3116-6/91,3161-8/92,3241-10/94,3603-6/03)
Sections:
5.16.010 Rates per employees
5.16.020 Rates per employees--Minimum license
5.16.030 Application for reclassification--Action
5.16.040 License classifications designated
5.16.050 Flat rate payment code letters
5.16.060 Advertising
5.16.070 Amusement activities
5.16.080 Auctioneer
5.16.090 Bankrupt sale
5.16.100 Bath
5.16.110 Circus
5.16.120 Contractors without a fixed place of business within the City
5.16.130 (Repealed Ordinance 3603-6/03)
5.16.140 House moving
5.16.160 Junk collector
5.16.170 Junk dealer and auto wrecking
5.16.180 Music or fine arts teacher
5.16.190 Office building
5.16.200 Oil business--Nonproduction
5.16.210 Outdoor theaters
516.220 Pawnbroker
5.16.230 Peddler -
5.16.240 Public dance hall, dnuier dancing place, and public dance place
5.16.250 Public utilities
5.16.260 Rooming house, apartment house,motel,bungalow or auto court
5.16.270 Skating rink
5.16.280 Small stands and businesses—Temporary and permanent
5.16.290 Telephone solicitor or canvasser
5.16.300 Soliciting on streets for hotels or dining rooms
5.16.310 Stockyard auction
5.16.315 Swap Meets
5.16.317 Events
5.16.320 Trailer parks
5.16.330 Transportation, trucking and hauling--Established place of business
5.16.340 Transportation, trucking or hauling--No business location
5.16:354 Transportation,trucking or hauling--Exceptions from fee
5.16.360 Transportation,trucking or hauling--Dump and tank trucks
5.16.370 Truck rental or leasing
5.16.380 Passenger vehicle rental or leasing
5.16.390 Trailer rentals
5.16.400 Transportation--Water
5.16.410 Vending,bulk-vending and amusement machines
5.16.420 Water companies
5.16.010 Rates per employees. The following rates shall apply to business licenses:
• First three employees $75.00
4 through 12 employees,per employee $ 4.00
13 through 52 employees,per employee $ 3.00
All other employees in excess of 52 employees,per employee $ 2.00
(766-7/60,904-6/62, 1605-10170,2022-1176,2965-10/88,3100-5/91,3161-8/92,3603-6/03)
6/03
5.16.020--5.16.040(a) Huntington Beach Municipal Code
5.16.020 Rates per emplovees--Minimum license. The minimum license in each classification
shall be $75.00 per year. In any case where a licensee or an applicant for a license believes that
this individual business is not assigned to a proper classification under this chapter because of
circumstances peculiar to it, he may apply to the City Treasurer for reclassification. Such
application shall contain such information as the City Treasurer may deem necessary and require
in order to determine whether applicant's individual business is properly classified. The City
Treasurer shall then conduct an investigation, following which'he,or she shall assign the
applicant's individual business to the classification shown to be proper on the basis of such
investigation. (766-7/60,904-6/62, 1605-10/70,2965-10/88, 3100-5191, 3161-8/92, 3603-6/03)
5.16.030 Application for reclassification--Action. The City Treasurer shall notify the
applicant of the action taken on the application for classification. Such notice shall be given by
serving it personally or by depositing it in the United States post office at Huntington Beach,
California,postage prepaid, addressed to the applicant at his or her last known address.
(766-7/60,904-6/62, 1605-10/70,3603-6/03)
5.16.040 License classifications designated. Every person described in the following
classifications who engages in business within the City shall pay a license tax based upon the
average number of employees at the rates hereinafter set forth:
(a) Classification A.
Abstractor of titles Construction engineer
Accountant Consulting engineer
Accounting service Dancing academy
Advertising agent Dealers in.stocks,bonds and other securities.
Agricultural advisor or counselor Dental laborato
A raiser Dentist
Aquarian chirothessian Desi er
Architect Detective
Assayer Detective agency
Attomey at law Draftsman
Auctioneer Drugless practitioner
Auditor Electrical engineer
Bacteriologist Electrologist
Bail bond broker Employment agency or bureau
Barber shop Fine arts or music school
Beauty shop Geologist
Business management consultant Herbalist
Certified public accountant Industrial relations consultant
Chemical engineer Insurance adjuster.
Chemist Interior decorator
Child nurseries 9 chiIdren or more Investment counselor
Chiropodist Labor relations consultant
Chiropractor Landscape architect
Civil Engineer Lapidary
Claim adjuster Mechanical engineer
6/03
Huntington Beach Municipal Code 5.16.040(a)-5.16.060(c) a
a
IN•fortician Real estate office
Naturo ath
Oculist Stocks and bonds broker
Optician Surgeon
Optometrist Surveyor
Oral sur eon Taxidermist
Orchard care Trade or business school
Osteopath physician Tree remover
Physician Tree surgery
Physician and surgeon Tree trimming
Private home for the aged(7 persons or Veterinarian
more
Real estate broker
and any other business of a professional nature where the principal business activity is the
furnishing of services and where such business is not specifically listed in some other
classification or section of this chapter will be classified in the above category.
(b) Classification B. Any person who is licensed as a general building, general engineering or
specialty contractor.
(c) Classification C. Any person conducting, managing or carrying on a business consisting
mainly of manufacturing, packing,processing, carrying or selling at wholesale any goods,
wares,merchandise, or produce, comes under this classification.
• (d) Classification D. Any person conducting, managing or carrying on a business consisting
mainly of selling at retail any goods, or conducting and maintaining a recreation park or
amusement center under one general management, or business not otherwise specifically
licensed by other sections of this chapter comes under this classification.
(327-4/29,766-7/60,838-6/61, 904-6/62, 1605-10/70, 3603-6/03)
5.16.050 Flat rate payment code letters. Every person transacting and carrying on the
businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the
duration of the license shall be annual, quarterly, monthly,weekly or daily as indicated in this
section. The letter "A" following the fee shall indicate an annual fee;the letter "D" shall indicate
daily fee; the letter "M" shall indicate monthly fee;the letter "Q" shall indicate quarterly fee; and
the letter "W" shall indicate weekly fee. All amounts shown are in dollars. (766-7/60,904-6/62)
5.16.060 Advertising. The fees for advertisers shall be as follows:
(a) By distributing samples or handbills,provided that this section shall not $75:00 A
apply to any person, employee, agent or representative of any person who
already has a City license as provided elsewhere in this chapter
(b) By sign or bill posting, sign erection or installation, or any form of $112.50 A
outdoor advertising as defined by the Huntington Beach Municipal Code
(3603-6/03)
(c) By vehicle containing amplifier, phonograph, loudspeakers, etc
for each vehicle $112.50 A
Or at the option of the licensee, for each vehicle $49.50 D
•
6/03
5.16.060(c)--5.16.110 Huntington Beach Municipal Codes
a
If any such vehicle is used by a City licensee to advertise solely his or her $58.00 A
own business and such vehicle is regularly registered and licensed by the
state to such licensee, then the fee for each such vehicle
Or at the option of the licensee, for each such vehicle $40.00 D
.(d) By means of stereopticon,biograph,moving pictures similar device(not $225.00 A
moving picture theaters) used outdoors
Or, used indoors $112.50 A
(766-7/60,838-6/61,904-6/62, 1604-10/70,3100-5/91 3161-8/92)
5.16.070 Amusement activities. License fees are imposed for amusement activities as follows:
(a) For any bowling alley, the first six lanes, a minimum fee of$327.50 per $58.00 A
year, for each lane over six (6)
(b) For boxing or wrestling exhibitions per exhibition $58.00 D
(c) Carnival, tent show or open-air show in hall or building constructed for $187.50 D
theatrical purposes
In addition, for five concessions or less $66.00 D
In addition, for each concession in excess of five $39.00 D
(d) For each juke box,phonograph or motion picture or other type device $26.00 A
operated by insertion of coin,per machine
(e) The owner of-the business shall be held responsible for the.full amount of the license fee if
the operator, exhibitor,machine owner,lessee or other person has not paid the fee when due
and payable.
(766-7/60,904-6/62, 1604-10/70,2594-2/83,3100-5/91,3161-8/92,3603-6/03)
5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose
permanent place of business, as filed with the California Auctioneer Commission, is located in
the City of Huntington Beach, the fee shall be subject to rates per employees as detailed in
section 5.16.010. (766-7/60,904-6/62, 1604-10/70,2784-9/85)
5.16.090 Bankrupt sale. For the conducting,managing or carrying on the business of selling,
offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or
insolvent person, the fee shall be $58.00 D. (3100-5/91,3161-8/92)
5.16.100 Bath. For every person conducting, managing, or carrying on the business of giving
steam baths, electric light baths, shower baths, electric tub baths, sponge baths or operating any
public bath which maintains in connection therewith a steam room, plunge, bath or sleeping
accommodations,the fee shall be $112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
5.16.110 Circus. With seating capacity under four thousand, the fee shall be:
First day $262.50 D
Each additional day $187.50 D
With seating capacity over four thousand, the fee shall be:
First day $337.50 D
Each additional day $187.50 D
6/03
Huntington Beach Municipal Code 5.16.110-5.16.210
s
• For every sideshow in conjunction with a circus,the fee shall be $49.50 D
For every concession or carnival ride in conjunction with a circus, the fee
shall be $40.00 D
(766-7160,904-6/62, 1604-10/70,3100-5/91,3161-8192,3603-6/03)
5.16.120 Contractors without a fixed place of business within the City. Every person
engaging in business in this City as a general building,general engineering or specialty contractor ,
may alternatively pay a license fee as indicated herein:
General engineering and/or general building contractor $142.50 A
Specialty, subcontractor, or other $90.00 A
(766-7/60,904-6/62, 1604-10170,3100-5/91,3161-8/92,3603-6/03)
5.16.140 House moving. Every person engaged in house moving or wrecking of buildings
and/or structures, shall pay a fee of $112.50 A. (766-7/60,904-6/62, 1604-10170,3100-5/91,3161-8/92)
5.16.160 Junk collector.
For every person conducting, managing or carrying on the business of junk
collector, the fee shall be $187.50 A
Or at the option of the licensee $40.00 D
(766-7/60,904-6/62, 1604-10170,3100-5/91,3161-8192,3603-6103)
5.16.170 Junk dealer and auto wrecking.
For every person conducting, managing or carrying on the business of junk
dealer or auto wrecker, the fee shall be (3603-6/03) $187.50 A
5.16.180 Music or fine arts teacher. Every person engaged in the profession of teaching
music, dance, dramatics, art, designing, dressmaking,mechanics or any other trade or fine art
who has no regularly established place of business where such teaching is carried on, shall pay a
fee of$75.00 A. (766-7/60,904-6/62, 1604-10i70,3100-5/91,3161-8/92,3603-6/03)
5.16.190 Office building. For every person conducting, managing or carrying on the business
of operating an office building,
for each office building therein the fee shall be $32.50 A
and for each unit/office $7.00
(1604-10/70,3100-5/91,3161-8192,3603-6103)
5.16.200 Oil business Nonproduction Every person conducting,managing, carrying on or
engaging in, from a fixed place of business in the City,the business or activity of oil well,
injection well, or water-source-well drilling or servicing operation, or refining oil or petroleum
products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or
any petroleum products, or byproducts, or maintaining tankage or warehouse storage facilities
where oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in
accordance with section 5.16.010. Nothing in this section shall be deemed to apply or relate to
actual oil or gas production operations. (1652-9/71)
5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor
® theater where moving or motion pictures are exhibited the license fee shall be:
Number of Stalls Fee per Year
First 500 $337.50
All over 500 (per stall) 500
06i 03
5.16.210--5.16.290 Huntington Beach Municipal Code
A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7160,
904-6/62, 1604-10170,3100-5/91, 3161-8/92)
5.16.220 Pawnbroker. Every person conducting, managing, or operating a pawnbroker
business shall pay a fee of$487.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91,3161-8/92,3603-6/03)
5.16.230 Peddler. Peddlers of flags,banners,balloons, cones, horns, kites,noise-making
instruments,toys,notions, souvenirs or similar goods or novelties of any description other than
from a stand, tent,wagon or other vehicle shall pay a fee of$17.00 D or by vehicle $97.50 A.
Peddlers of any article or commodity not mentioned in this section, including every person, firm
or corporation conducting the business of selling and delivering any goods for human
consumption directly to the consumer thereof, by means of a regular system of delivery vehicles
for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering
vehicles, from place to place, within this City shall pay a fee of$17.00 D or$97.50 A. The
license tax prescribed by this section shall cover one person and in the case of route peddlers, one
vehicle only and an additional like fee shall be paid for each additional such person or vehicle so
engaged. (1604-10170,904-6/62,838-6/61, 766-7/60, 3100-5/91, 3161-8/92,3603-6/03)
5.16.240 Public dance hall, dinner dancing place, and public dance place. Everyperson
conducting,managing or operating a public dance hall or dinner place shall pay a tax of
$337.50 A. Every person conducting, managing or operating a public dance shall pay a tax of
$58.00 D. (3603-6/03)
5.16.250 Public utilities. Any public utility as defined by the PUC operating in the City under a
franchise or franchises from the City, or applicable therein; and which makes franchise payments
thereunder is subject to the provisions of this chapter if it engages in retail merchandising,
pursuant.to section 5.16.040(D)not covered by the franchise in the City.
(766-7/60, 904-6L62,1604-10/70,3603-6/03)
5.16.260 Rooming house, apartment house, motel, bungalow or auto court. For every
person conducting,managing, or carrying on the business of operating an apartment house,
rooming house, motel,bungalow court or auto court consisting of three or more rental units,the
fee shall be S32.00 A and$7.00 per unit. (766-7/60, 904-6/62, 1604-10/70,3100-5/91, 3161-8/92)
5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller
skating rink, enclosure or park,the license fee shall be $187.50 A.
(766-7/60,904-6/62, 1604-10170,3100-5/91,3161-8/92)
5.16.280 Small stands and businesses--Temporary and permanent. Every person,not having
a regularly established place of business in this City, who sells or offers for sale goods or articles
of any description in his or her possession,or services, at,on or from a stand upon any public
street, alley or public place, or in or from a doorway of any room or building, or unenclosed or
vacant lot or parcel of land,`which business is not otherwise licensed by the terms of this chapter
shall pay a fee of$75.00; or, at the option of the licensee, $17.00 D.
(766-7/60, 1604-10/70,3100-5191,3161-8/92, 3603-6/03)
5.16.290 Telephone solicitor or canvasser. For every person conducting, managing,carrying
on or engaging in the business of telephone solicitation or canvassing for each such person
employed or so engaged,the fee shall be $49.00 D.
(766-7/60, 838-6/61,904-6/62, 1604-10/70,3100-5/91,3161-8/92, 3603-6/03)
6/03
5.16.300--5.16.317(b) Huntington Beach Municipal Code
5.16.300 SolicitinE on streets for hotels or dining rooms. For every person conducting,
managing or carrying on the business of soliciting customers, or patronage upon any public
street, alley or other public place, for any hotel, inn, rooming house, lodging house, apartment
house, restaurant, dining room or house or place where meals or board or lodging are furnished
for compensation, the fee shall be $112.50 A.
(766-7/60,904-6/62,1604-10/70,3100-5/91,3161-8/92)
5.16.310 Stockyard auction. For every person conducting, managing or carrying on any
stockyard, sales, stable or corral where horses, cattle, goats, sheep, mules and other livestock are
bought, sold or exchanged at public auction,the license fee shall be $187.50 A.
(1604-10/70,3100-5/91,3161-8/92)
5.16.315 Swap meets. The operators and exhibitors shall pay a business license tax according
to the provisions of this section
(1) Indoor Swap Meets
Indoor swap meets,because of their unique character and location,will have rates
established individually by City Council action.
(2) Outdoor Swap Meets
(a) Every operator shall pay a business license tax,based upon the following table:
Stalls/Booths Annual
0 -50 $300
51 - 100 $400
101 -`200 $500
over 200 $600
(b) Each exhibitor will be required to have a regular business license after participating
eight (8) times at the swap meet.
(3241-10/94,3603-6/03)
5.16.317 Events. Any person conducting, organizing, promoting or operating an event is
required to obtain a business license. A list of tentative exhibitors and service providers must
accompany the application for business license.
(a) Every operator shall pay a business license tax based on the number of exhibitors/booths
according to the following table:
Exhibitors/Booths 30 Days or Less Annual
0-3 booths: $75:00 $100.00
4-10 booths: $100.00 $150.00
11-25 booths: $150.00 $200.00
26-50 booths: $200.00 $300.00
51-100 booths: $300.00 $400.00
101-200 booths: $400.00 $500.00
Over 200 booths: $500.00 $600.00
(b) Blanket license. The operator may elect to obtain a blanket business license to cover all
• service providers at the event, provided that such persons do not have a fixed place of
business within this City and do not have an annual license with the City as provided
elsewhere by the title. The tax for a blanket license is based on the number of service
providers employed for a fee to provide services at the event, according to the following
table:
6/03
e
Huntington Beach Municipal Code 5.16.317(b)-5.16.340
1 — 3 service providers: $75.00
4— 10 service providers: $100.00
11 — 15 service providers: $150.00
16 —20 service providers: $200.00
21 —25 service providers.: $250.00
26-30 service providers: : $300.00
31 —40 service providers:; $400.00
41 -50 service providers: $500.00
Over 50 service providers: $600.00
The tax for the blanket license shall be in addition to the tax for the operator's business
license for the event.
(c)Payments and application. All applications must be submitted at least 14 days prior to the
day of the event to allow time for processing. Payments received under 21 days must be
made by money order, cash, check(drawn on local bank only) or cashier's check made
payable to the City of Huntington Beach.
(d) Records: Each operator shall keep full and accurate records of receipts and stall rentals to
exhibitors in connection with the operation of the meet. The City,by and through its
authorized officers shall have the right to examine and audit such records, including
records of any bank accounts, at any reasonable time, and operators shall cooperate fully
with the inspection of them. Such records shall include,but are not limited to,the total
number of stall rentals from each day, as well as whatever records are necessary in order
to provide the city any required information pursuant to this section.
(3241710/94,3603-6/03)
5.16.320 Trailer parks. For every person conducting,managing or carrying on the business of
trailer park or mobilehome park the license fee shall be$112.50 annually for the first twenty-five
(25) trailer spaces and$7.00 for each additional trailer space.
(766-7/60,838-6/61,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
5.16.330 Transportation,trucking and hauling--Established place of business. Every
person engaged in the business, in whole or in part, of using or operating any motor vehicle in
connection with the conduct of their business, for the transportation of any goods, wares,
merchandise,products of any nature, raw materials, pipe or castings,tanks or machinery or tools
of any description, when said person has an established place of business within the City, shall
pay an annual license tax in accordance with the following schedule for each and every motor
vehicle so used or operated in excess of one vehicle:
for vehicles with a manufacturer's rated Capacity of under one ton $12.00 A
for vehicles with a manufacturer's rated capacity of under three tons,but
one ton or over $35.00 A
for vehicles with a manufacturer's capacity of three tons or over $46.00 A
(766-7/60,838-6/61,904-6162, 1604-1ORO,3100-5/91,3161-8192, 3603-6/03)
5.16.340 Transportation, trucking or hauling--No business location. Every person engaged
in the business, in whole or in part, of using or operating any motor vehicle in connection with
the conduct of their business, and who uses the public streets or highways of this City for the
06103
e
5.16.340--5.16.370(b) Huntington Beach Municipal Code '
® purpose of such use or operation for the delivery or transportation of any goods, wares,
merchandise, products of any nature, raw materials,waste materials, pipe or casting,tanks,
machinery or tools of any description or in connection with rendering services for fees,when said
person does not have an established place of business within this City, shall pay an annual license
fee of$75 for each and.every vehicle so used or operated other than those vehicles described in
sections 5.16.330 and 5.16.350. (766-7/60,838-6/61,904-6/62, 1604-10/70,3161-8/92)
5.16.350 Transportation, trucking or hauling-Exceptions from fee. No fee hereunder shall
be required for the operation of any motor vehicle or equipment along the streets of this City if
such operation is merely occasional or incidental to a business conducted elsewhere; provided,
however,that no operation shall be deemed merely occasional if trips or hauls are made
beginning or ending at points within this City upon an average of more than thirteen in any
quarter of the year. More than thirteen such trips or hauls within any quarter shall be deemed
doing business within this City. A business shall be deemed conducted within this City if an
office or agency is maintained here or if transportation business is solicited here.
(766-7/60,838-6/61,904-6/62, 1604-10/70)
5.16.360 Transportation, trucking or hauling—Dump and tank trucks. Every person
engaged in the business, in whole or in part, of using or operating motor vehicles for the
transportation, hauling or delivery or removal of crude oil, petroleum products or petroleum
byproducts in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any description,
or any other articles or commodity not classified in sections 5.16.330 and 5.16.340, who uses the
public streets or highways of this City for the purpose of such use or operation, who is not
required to pay the license or fees as set forth in sections 5.16.330 and 5.16.340, shall pay an
annual license fee based upon each motor vehicle so used or operated as follows:
® (a) For each Dump Truck $75.00 A
for each additional trailer or wagon with single rear axle $49.00'A
for each additional trailer or wagon with dual rear axle $49.00 A
(b) For each Tank Truck or Tank Wagon $97.50 A
(semi-tractor and front trailer as one tank truck or tank wagon).
for each additional wagon or trailer $23.00 A
(766-7/60,838-6/61,904-6/62, 1604-10/70, 3100-5/91, 3116-6/91,3161-8/92,3603-6/03)
5.16.370 Truck rental or leasing.
(a) Every person conducting, managing or carrying on the business of renting or leasing the use
of any truck or motor-propelled vehicle for the transportation of materials, commodities or
products, or the transportation of any other object,to be driven by the person or employees
or other,representative of the person hiring the same at rates per mile,per trip,per hour,per
day,per week,per month,per year or any greater period of time,and the truck or vehicle is
under the directional control of the person hiring the same, shall pay an annual license fee of
$75.00 plus $23.00 for each truck or vehicle over one used in the business.
(b) In the case of persons operating trucks or vehicles in this City,within the meaning of sections
5.16.330 through 5.16.350,when such truck or vehicle has been rented from a truck rental
business or agency, the person having rented or hired such truck or vehicle shall pay the
license fee prescribed in sections 5.16.330 through 5.16.350,whichever is applicable, and the
• person in the business of renting or leasing such truck or vehicle to the renter or lessee shall
not be required to pay an additional fee for each such truck or vehicle so rented or leased over
one used in the business. (766-7/60,838-6/61,904-6/62,1604-10/70,3100-5/91,3161-8/92)
6/03
Huntington Beach Municipal Code 5.16.380--5.16.410(a)(1)
5.16.380 Passenger vehicle rental or leasing. Every person conducting,managing or carrying
on the business of renting or leasing the use of any motor-propelled vehicle for the transportation
of persons to be driven by the person or employee or other representative of the person hiring,
renting or leasing the same at rates per mile,per trip, per hour, per month, per year or any greater
period of time, and where such vehicle is under the directional control of the person hiring the
same, shall pay an annual license fee of$75.00 plus $11.50 for each vehicle over one used in the
business. Provided that where a person conducts;manages or carries on the rental or leasing of
both trucks and passenger vehicles as one and the same business, from the same place of
business, the payment of only one annual license fee of$75.00 will be required in addition to the
prescribed fees for each vehicle over one used in the business.
(766-7/60, 904-6/62, 1604-10170, 3100-5/91, 3161-8/92)
5.16.390 Trailer rentals. Every person conducting, managing or carrying on the business of
renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual
license fee of$75.00 plus $2.00 per wheel for all trailers used in the business.
(766-7160,904-6/62, 1604-10/70, 3100-5191,3116-6/91,3161-8/92)
5.16.400 Transportation--Water. Every person engaged in the business, in whole or in part, of
using or operating any boat or barge in connection with the conduct of their business for the
transportation or accommodation of passengers, whether fee for such transportation or
accommodation is paid directly or indirectly, or for the transportation of any goods, wares,
merchandise,products of any nature,raw materials, waste materials,pipe or castings, tanks or
machinery or tools of any description, shall pay an annual license fee in accordance with the
following schedule:
For the first vessel $75.00 A
For each and every vessel soused or operated in excess of one vessel:
less than sixteen feet in length $40.00 A
sixteen feet or over but less than twenty-six feet in length $49.00 A
twenty-six feet or over but less than forty feet in length $58.00 A
forty feet or over in length $66.00 A
(904-6162, 1604-10/70,3100-5191,3161-8/92)
5.16.410 Vending, bulb-vending and amusement machines.
(a) Every person owning, conducting, transacting, managing, operating or carrying on the
business of providing, furnishing, letting the use of, distributing or maintaining any vending
machine,bulk-vending machine and/or amusement machine, as defined in this title, and not
prohibited by law, shall pay an annual license fee in accordance with the following schedule:
(1) Vending Machines and Service Machines: $11.50 A
plus
for each machine charging 1¢ to and including 4¢ $ 2.50 A
for each machine charging 5¢ to and including 9¢ $ 7.00 A
for each machine charging 10¢ and over $ 14.00 A
for each cigarette vending machine $ 29.00 A
Stamp-vending machines dispensing tinted States postage stamps for mailing purposes
are hereby exempt from the terms and provisions hereof.
06/03
s
5.16.410(a)(2)--5.16.420 Huntington Beach Municipal Code
•
(2) Bulk-vending Machines $ 11.50 A
plus
for each machine charging 10 to and including 4¢ $ 2.50 A
for each machine.charging.50 to and including 9¢ $ 4.50 A
for each machine charging 100 or over., $ 7.00 A
(3) Amusement Machines:
for each pinball machine $ 50.00 A
for each pool billiard machine $ 50.00 A
for all other amusement machines $ 50.00 A
(b) In the event any license fee provided by this section on any vending or bulk-vending machine
is not paid when due and payable, the owner of the business on whose business premises such
vending or bulk-vending machine is located, shall be jointly and severally liable to pay the
full amount of such license fee.
(c) A person having a business license in connection with a fixed place of business in this City is
not exempt from payment of license fees otherwise imposed by this chapter.
(d) A minimum annual license fee of$337.50 shall be paid by each game arcade,amusement
center room,business or parlor containing an aggregate of four or more pool tables,billiard
tables,pinball machines, electronic video screen game machines, and/or other amusement
devices. The fees levied under this section shall be credited toward such minimum.
• (2594-2/83, 1461-2/69,904-6/62, 838-6/61,76677/60,3100-5791,3161-8/92,3603-6/03)
5.16.420 Water companies. An annual fee of$32.00 and 85¢ per customer for the maximum
number of customers at one time during the preceding calendar year.
(766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
06/03
•
Huntington Beach Municipal Code 5.50.010-5.50.020(; e
• Chapter 5.50
MOBILE VENDING
(3345-2197,3493-5/01,3622-12/03)
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 Planning- shall mean the Planning Director(herein Director) or his or her
designee. (3345-2/97,3622-12/03)
(f) Goods or Merchandise-includes items and products of every kind and description, including
all foods, produce, and beverage items. (3345-2/97)
12/03
e
e _
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
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. (3493-5101)
(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: (3345-2/97,3493-5ro1)
(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. (3345-2/97,3493-5/01)
(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 who0
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(1) e
• 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 Director, 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 2/97,3622-12/03)
(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
Director within two (2) weeks after such change; (3345-2/97,3622-12/03)
(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)
• 12/03
e
a -
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 Director 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: (3345-2/97,3622-12/03)
(a) The present or proposed address from which the business is to be conducted; (3345-2197)
(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;
(3345-2197)
(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. (33a5-2i97)
5.50.060 Issuance of Permit. The Director 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: (3345-2/97,3622-12/03)
(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; (3345-2197)
(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 Director 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 Director, 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 is
forth in the application for the permit. (3345-2/97,3622-12/03)
12/03
a
a
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
Director may appeal such denial to the City Administrator by filing a written notice of appeal with
the Director 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 Director: (3345=297,3622=12/03)
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
Director for good cause shown including but not necessarily limited to any of the following
reasons: (3345-2/97,3622-12/03)
(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 polo 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 Director 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
Director. 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. (3345-2/97,3622-12/03)
(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)
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e
5.50.100-5.50.170(a)(1) Huntington Beach Municipal Code
5.50.100 Enforcement. The Director and the Chief of Police have the authority to enforce the
provisions of this ordinance. (3345-2/97,3622-12/03)
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 (3.0) 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 2197)
5.50.120 Trash Receptacles and Removal.
(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.
(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.
(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.
(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: (3345-2/97,3493-5/01)
(1) Within three hundred (300) feet of any public school property, park,playground or
recreational facility; (3345-2/97,3622-12/03)
12/03
•
•
• 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. (3345-2i97)
(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)
S (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 Existing 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)
5101
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5.50.190-5.50.220 Huntington Beach Municipal Code •
5.50.190 ConductinE as a Nuisance. Any Mobile Vending vehicle operated contrary to the
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 17.10 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. (3345-2/97,3622-12/03)
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) r
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)
12/03
• Huntington Beach Municipal Code 8.21.010-8.21.010(e)
Chapter 8.21
REFUSE MANAGEMENT
..Sections:
8.21.010 Definitions
8.21.020 Collection of Refuse and Recyclable Waste Material
8.21.030 Residential Collection Service Charge
8.21.040 Dumping of Refuse prohibited
8.21.050 Occupant responsible for premises
8.21.060 Owner liable for premises
8.21.070 Accumulation prohibited
8.21.080 Storage
8.21.090 Containers and transportation of Refuse
8.21.100 Containers—location
8.21.110 Container—interference
8.21.120 Container—improper substances
8.21.130 Container—removal
8.21.140 Collection—manner
8.21.150 Residential Refuse Collection
8.21.160 Commercial Collection Service
8.21.170 Special Collections—excluded Refuse
8.21.180 Collection of Recyclable Material
8.21.190 Disposal methods
8.21.200 Rules and regulations
8.21.210 Appeals
. 8.21.220 Unauthorized collection prohibited
8.21.230 Violation—penalty.
8.21.010 Definitions.The following definitions shall apply in the interpretation and
enforcement of these regulations: (3560-7/02)
(a) "Adequate Service"means the combination of the number of collections, the number of
Containers,and the size of Containers necessary so as not to cause the accumulation of
Refuse outside Containers or in excess of Level Full. (3560-7/02)
(b) 'Basic Level of Service" means, with respect to Residential Collection Service,that level
of Collection and disposal service necessary to provide Adequate Service for the
collection of Refuse generated by each single family residence, and each dwelling unit
within a duplex, a triplex, or a fourplex, as specifically provided in any given contract
between the City and any person for collection of such Refuse,or as provided by
resolution of the City Council, excluding Refuse or substances excluded from collection
by regulation of the Director or by contract; as hereinafter provided,Refuse capable . '
thereof which has not been placed in Containers or bundles within the weight and size
limits hereinafter set forth for Containers or bundles, and any unit of Refuse which
exceeds four feet in length or which exceeds forty pounds in weight. Basic Level of
Service,with respect to Commercial Collection Service, means that level of collection
and disposal service necessary to provide Adequate Service. (3560-7/02)
(c) "City Refuse Collector" means any Person either employed by or under contract with the
City to provide removal, transportation,processing, and disposition of Refuse from
residents and users of premises within the City. (3560-7/02)
(d) "Collection"means the pickup, removal, and transportation of Refuse by any Person
authorized to do so by the City. (3560-7/02)
(e) "Commercial Collection Service" means the collection of Refuse from all property within
the City excluded from Residential Collection Service, or properties subject to
Residential Collection Service which choose to utilize Commercial Collection Service.
(3560-7/02)
7/02
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8.21.010(f)-8.21.010(r) Huntington Beach Municipal Code
(f) "Container"means any vessel, tank, receptacle, dumpster, box or bin used or intended to
be used for the purpose of holding any Refuse, Recyclable Material, and Recyclable
Waste Material. Commercial Containers utilized in Commercial Collection Service
include all types of Containers,whereas Residential Containers utilized in Residential
Collection Service shall not include dumpsters or bins: (35so-7ro2>
(g) "Corporation means corporations,partnerships, and all business enterprises,associations
or organizations, however designed. (3560-7/02)
(h) "Director" means the Huntington Beach Director of Public Works or his authorized
representative. (3560-7/02)
(i) "Hazardous Waste"means a waste, or combination of wastes,which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may a) cause,
or significantly contribute to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; or b)pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed. (3560-7/02)
(j) "Level Full"means the amount of Refuse deposited in a Commercial Container so that it
shall not exceed the lowest top edge of the Container and still allow the lid of the
Container to be completely closed. (3560-7/02)
(k) "Non-combustible Refuse"means ashes,bottles, broken crockery, glass, tin cans and
metallic substances or any other substances that will not incinerate through contact with
flames of ordinary temperature. (3560 7/02)
(1) "Person" means any individual,firm, governmental unit, organization,partnership,_
corporation, company or other entity. (3560-7/02) - -
(m) "Processing"means reduction, separation,recovery, conversion or recycling of Refuse.
(3560-7/02)
(n) "Recyclable Material" means materials which are segregated at the source from other
Refuse for the purpose of Recycling and includes,but is not limited to, paper,glass,
metals, wood,plastics, wastes,bulky goods, waste oil, and construction and demolition
materials and which is sold by the owner thereof to a third party. (3560-7/02)
(o) "Recyclable Material Collection"means the collection, transportation, storage,transfer,
or processing of Recyclable Materials. (3560-7/02)
(p) "Recyclable Waste Material" means discarded materials such as,but not limited to,
newspapers, glass and metal cans, which are separated from other Refuse for the purpose
Of Recycling and.which are not sold to.a.third parry. (3560-i/02)
(q) "Recyclable Waste Material Collecting"means the collection, transportation, storage,
transfer, or processing of Recyclable Waste Material. (3560-7102)
(r) "Recycling"means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise be disposed of by landfilling or
transformation, and returning materials to the economic mainstream in the form of raw
material for new, reused, or reconstituted products. (3560-7/02)
7/02
s
a
® Huntington Beach Municipal Code 8.21.010(s)-8.21.030
(s) "Refuse" means all putrescible and non-putrescible solid, and semisolid wastes, including
garbage,trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances; dewatered, treated, or chemically fixed sewage sludge which is not Hazardous
Waste,manure,vegetable or animal solid or semi-solid wastes, and other discarded solid
or semi-solid wastes, but not including Hazardous Waste, radioactive waste regulated
pursuant to the State Radiation Control Law, untreated medical waste regulated pursuant`
to the State Medical Waste Management Act, and liquid waste. Recyclable Waste
Material is considered Refuse for purposes of this Chapter. Materials that are sold or
donated by the owner thereof to a third party, and thereafter recycled, are not considered
Refuse for purposes of this Chapter. The term "Refuse" shall be synonymous with the
term "solid waste" as used in the Integrated Waste Management Act,Public Resources
Code §40000, et seq. (3550-7/02)
(t) "Refuse Collection"means the collection, transportation, storage, transfer, disposal, or
processing of Refuse. (3560-7/02)
(u) "Residential Collection Service"means the collection of Refuse from each single-family
residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving
noncommercial Refuse Collection Service. It shall not include any hotel,motel, lodge,
hall, club,tourist camp, trailer camp,mobilehome park, church,business or industrial
establishment, or any lot containing more than four dwelling units. (3560-7102)
8.21.020 Collection of Refuse and Recvclable Waste Material.
(a) The collection of Refuse and Recyclable Waste Material shall be performed exclusively
by the City Refuse Collector. The City Council may regulate,by ordinance or resolution,
all aspects of the Residential Refuse Service and the Commercial Refuse Service,
including, but not limited to, frequency of collection,means of collection and
transportation, level of services, charges, fees, and nature, location, and extent of
providing such Services. (3560-7/02)
(b) Any other provision of this Code to the contrary notwithstanding, the City may enter into
contracts with responsible persons for the collection of Refuse within the City utilizing
such procurement procedures and upon such terns and conditions as are deemed
appropriate by the City Council. (3560-7/02)
(c) In the event of an emergency or other unforeseen or unpreventable circumstances
in which the City Refuse Collector is unable to maintain Refuse Collection
Services,the City Administrator may issue limited or temporary permits for a
period not to exceed thirty(30) days to persons or corporations to perform any of
the services covered by this Chapter. Any service beyond thirty(30) days shall be
approved by the City Council. (3560-7102)
8.21.030 Residential Collection service charge: There shall be a charge for Residential
Collection Service which rates shall be established from time to time by resolution of the City
Council. Such charge shall apply to persons occupying single-family dwellings, and each
dwelling unit within a duplex, a triplex or a fourplex. A dwelling shall be deemed occupied if
connected to an active water service. This charge shall not apply to persons occupying
residential units such as apartments,mobilehome parks, or other multi-family complexes,who
are currently contracting directly with the City Refuse Collector. (3560-7/02,3581-11/02)
Any person receiving Residential Collection Service who is sixty-two years of age or older shall
pay 50% of the charge imposed by this section 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 in the City's Department of Economic Development, for the calendar
year prior to the fiscal year(July 1 through June 30) for which the exemption provided by this
chapter is applied. (3560-7/02,3581-11/02)
11/02
e
a
8.21.040-8.21.090 Huntington Beach Municipal Code
8.21.040 Dumping of Refuse prohibited. It shall be unlawful for any person to cast, deposit,
place, sweep, throw, discard or leave any Refuse or cause such Refuse to be cast, deposited,
swept placed,thrown, discarded or left in any place, public or private, within the City, without
the express permission of the owner of the premises. (3560-7/02)
8.21.050 Occupant responsible for premises. Every person occupying, using or controlling any
premises shall keep the premises in a clean and sanitary condition, and no person shall permit
any Refuse, sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse,dead
animal or any other noxious or offensive matter of any kind, or any other substance that may
become offensive, to be deposited or to remain thereon except as otherwise provided by law.
(3560-7/02)
8.21.060 Owner liable for premises. The owner of any premises shall be liable for the costs to
the City for the enforcement of any provision of this Chapter. (3560-7102)
8.21.070 Accumulation prohibited.No person occupying, using or controlling any premises
shall permit any Refuse to accumulate thereon, nor shall any such person maintain any
accumulation of Refuse thereon, unless in either event the same is stored in a manner approved
by the Director or by law. It shall be unlawful for any person to dump, deposit,place or bury
Refuse in or upon any lot, land, street, or alley, whether public or private, nor throw such Refuse
in any creek, stream, water or water way within the City. Any unauthorized accumulation of
Refuse on any premises is hereby prohibited and declared to be a nuisance. (3560-7/02)
8.21.080 Storage.
(a) Refuse shall be stored in a Container of a type approved by the Director. Every such
Container shall be constructed of metal,plastic, or equally durable material, in such
manner as to be strong,watertight,not easily corrodible,fly proof, and rodent proof. ,
Residential containers must not exceed thirty-two (32)-gallons in capacity and maynot
weigh more than sixty(60)pounds when filled. Cans should not be modified by the owner
and lids are to remain removable—no tethered or attached lids. Such Container shall have
handles or other attachments designed for and capable of lifting, and shall be kept covered
at all times, except when Refuse is being deposited or removed from such container.
Commercial Containers shall be kept in a Level Full condition. The cover shall
completely and tightly close the Container so as to render it fly and rodent proof and so
that no Refuse may be visible. A sufficient number of Containers shall be provided for the
Basic Level of Service, in order to insure that all Refuse is contained within completely
covered Containers until such time as the Refuse is collected. (3560-7/02,3652-6/04)
(b) Refuse shall be stored in such a manner that it will not provide harborage to rats,nor
cause a fire hazard. (3560-7/02)
(c) Sturdy, grease-resistant,water proof,nonreturnable,plastic bags which are
specifically designed for garbage and Refuse may be.used for Residential
Collection Service provided that each bag shall not weigh more than forty(40)
pounds when filled and the opening is secured so that contents cannot be
removed, spilled or seen, and the weight does not cause the bag to tear when
handled. Such bags shall comply with all of the requirements of subsections (a)
and (b) except for the requirements of handles and covers. Residential Collection
Service may include tree trimmings and other similar matter which shall be tied in
bundles measuring not more than four feet long and weighing not more than forty
pounds. (3560-7/02,3652-6/04)
8.21.090 Containers and transportation of Refuse. No Person other than the City Refuse
Collector shall transport Refuse or Recyclable waste Material in the City of Huntington Beach in
exchange for something of value. All vehicles and Container used in collecting and transporting
Refuse or Recyclable Material shall be provided with metal bodies so constructed as to be
leakproof and to prevent the escape of offensive odors and loss, spillage or blowing away of any
contents collected or transported within the City. Such vehicles and Containers shall be
thoroughly cleaned to eliminate odors and decayed materials. (3560-7/02,3652-6/04)
6/04
s
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• Huntington Beach Municipal Code 8.21.100-8.21.130(c)
8.21.100 Containers--location. Property owners and tenants are each responsible for the
placement o ResidentialContainers and any accumulation of Refuse which is for collection,and
which shall be kept or placed in such a manner as not to be visible from any street or alley,
whether public or private, except from noon on the day preceding collection to 10 pm on the'
day of collection: During the period of collection, Containers and any accumulation of Refuse
shall be placed, outside of any enclosures, no later than 6:30 a.m., as follows, unless otherwise
directed by the Director: (3560-7/02)
(a) On alley. On the premises, at the rear property line,where there is a through alley in the
rear of the premises; (3560-7/02)
(b) Access from side entrance. On the premises at an accessible point adjacent to any side
entrance thereto where no through alley exists; (3560-7/02)
(c) At curb. At the curb in front of the premises, where no through alley or side entrance
exists. (3560-7/02)
8.21.110 Container--interference. No person except the owner thereof, his agent or employee,
a duly authorized City employee, or any employee of the City Refuse Collector, shall interfere in
any manner with any Container, or any accumulation of Refuse which is placed for Collection,
nor shall any person remove such Container or accumulation from the location where it shall
have been placed by the owner, his agent or his employee. (3560-7/02)
8.21.120 Container--improper substances.No person shall place or cause or permit to be
placed in,any Container any substance or material other than Refuse as defined in• this,Chapter.Large items included in the definition of refuse,exceeding four feet (4') in length or forty(40)
pounds in weight, shall.not be placed in refuse containers. Persons wishing to dispose of such
large items shall inform the City Refuse Collector and make special arrangements to have the
items removed. The City Refuse Collector may levy a charge for removal of such items under a
schedule and formula to be uniformly applied, based on weight and size of the items, which
formula and schedule shall have been approved by the Director. The City Refuse Collector shall
not be required to collect Hazardous Waste. (3560-7/02)
8.21.130 Container—removal.
(a) The Director may cause to be posted a notice on any Container illegally placed on public
or private property. The notice shall specify the nature of the violation and shall state that
the Container must be removed within twenty-four(24) hours or it may be removed and
stored by the City, and the contents disposed of, at the expense of the owner thereof. The
posting of a notice to remove shall constitute constructive notice to the owner and user of
the requirement to remove the Container. (3560-7/02,3652-6/04)
(b) If the Container is not removed within twenty-.four(24) hours after the notice to remove
is posted,the Director may order the removal and'storage of the Container and the
disposal of its contents. The owner of the Container shall be responsible to the City for
the actual cost of removal, storage, and disposal. All amounts due to the City for the cost
of removal, storage and disposal shall be paid before the Container is returned to the
owner. Such amounts shall constitute a debt owed by the owner to the City, and the
owner shall be liable to the City in an action brought by the City for the recovery of such
amounts. (3560-7/02)
(c) If the identity of the owner of a Container that has been removed by the City is known to
the Director, the Director shall promptly cause notice to be mailed to the owner to claim
• the stored property. If the Container is not claimed within ninety(90) days after removal
and notice to the owner, or ninety(90) days after removal if the identity of the owner is
unknown to the Director, the Container and its contents shall be deemed abandoned
property and may be disposed of accordingly. (3560-7/02)
6/04
8.21.140-8.21.170(d) Huntington Beach Municipal Code •
8.21.140 Collection--manner. The owner, occupant, tenant or lessee of any premises
shall provide or cause to be provided, Basic Level of Service for the removal of Refuse
from said premises. Properties utilizing Commercial Collection Service shall provide
Adequate Service. The City Refuse Collector shall remove from the premises all Refuse
which has been properly placed for collection, whenever such Refuse is of a e and in
an amount provided by contract with the City. Any removal of Refuse by the City Refuse
Collector, or any person shall be performed in a neat, orderly and quiet fashion, without
causing damage to the Container or the lid. Any spilled matter shall be picked up by the
person responsible for the spillage, and the premises shall be left in a clean and orderly
condition. Overfilled Containers of Refuse creating accumulations of Refuse in or at the
pickup site, shall be the responsibility of the premises owner for clean up. The security
and proper Level Full Container shall be the responsibility of the premises owner. All
additional collection of any type of Refuse that does not fit into a Container or causes an
overfull Container shall be the responsibility of the premises owner along with any
additional costs for removal or extra collection services. Refuse lawfully placed for
collection shall be the property of the City of Huntington Beach from the time of
placement until the time of collection and shall become the property of the City Refuse
Collector from the time of collection to the time of disposal. (3560-7/02)
8.21.150 Residential Refuse Collection. The City Refuse Collector shall operate and maintain
Residential Refuse Collection in the City by providing the Basic Level of Service on a regularly
scheduled basis, approved by resolution of the City Council, not less frequently than once each
week. The Director may by regulation exclude from such service any item or substance deemed
hazardous, obnoxious or otherwise inappropriate for such service. (3560-7/02)
8.21.160 Commercial Collection Service. Persons owning or operating premises utilizing
Commercial Collection Service shall contract with the City Refuse Collector for the provision`of
the Basic Level of Service. The Director may: by written order, require the owner and/or.
manager of any premises subject to Commercial Collection Service to provide Adequate Service
to the premises In question. (3560-7/02)
8.21.170 Special Collections--excluded Refuse.
(a) Refuse exceeding the limitation set forth in this Chapter may be scheduled for special
Collection either at regular special Collection dates or by arrangement with the City
Refuse Collector. (3560-7/02)
(b) The City Refuse Collector shall make available Containers and drop-off bodies,provide
additional collections not required by this Chapter,pick up Refuse at points other than as
required in this Chapter or provide for the collection of greater volumes of Refuse per
collection than required in this Chapter, any or all of these additional services at the
request of the person or business being served.The City Refuse Collector may make a
direct charge in each instance for such additional service under a written agreement which
shall be subject to the approval of the Director and at such rates as are reasonable,just
and uniform for all persons or businesses being served. All such direct charges shall be
collected by the City Refuse Collector. (3560-7/02)
(c) The removal of wearing apparel,bedding or other refuse from homes, hospitals, or other
places where highly infectious or contagious diseases have prevailed, shall be performed
under the supervision and direction of the County Health Officer, and such Refuse shall
neither be placed in Containers nor left for regular Collection and disposal. (3560-7/02)
(d) Highly inflammable or explosive or radioactive Refuse shall not be placed in Containers
for regular Collection and disposal,but shall be removed under the supervision of the Fire
Chief at the expense of the owner or possessor of the material. (3560-7/02)
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Huntington Beach Municipal Code 8.21.170(e".21.230(d) '
i
(e) The Director may,by written permit, authorize provision of bins and drop-off bodies if
the City Refuse Collector fails to provide such service within five (5) calendar days after
a customer order and such service is not thereafter provided within forty-eight(48) hours
after notice to the City Refuse Collector of such failure by the Director. (3560-7/02)
8.21.180 Collection of Recvclable Material. Persons collecting Recyclable Material within the
City shall, in addition to obtaining a business license,obtain a Recyclable Material Collection
and Disposal Permit from the Director prior to commencing such collection and annually
thereafter. Persons operating under such a Permit shall, on a quarterly basis or at such times as
determined by the Director, submit a report to the Director specifying the amount of Recyclable
Material collected within the City, the location(s) from which the Recyclable Material was
collected, and the location(s) to which the Recyclable Material was brought. Such report shall be
kept confidential unless otherwise provided by law. Failure to submit timely reports shall be a
basis for revocation of the Recyclable Material Collection and Disposal Permit. The Director
shall have the right to audit the records of Persons who have received a Permit pursuant to this
Section. (3560-7/02)
8.21.190 Disposal methods. The City Refuse Collector shall dispose of Refuse in a manner
approved by the Director and consistent with the provisions of this Chapter. (3560-7/02)
8.21.200 Rules and regulations. The Director shall make such rules and regulations as
may be necessary,reasonable, and proper to enforce the provisions of this Chapter. A
copy of any rule or regulation promulgated by the Director shall be provided to the City
Council. (3560-7/02)
S 8.21.210 Appeals. Any.person adversely impacted by a ruling of the Director may appeal such
ruling to the City Administrator. The appeal shall be in writing to the City Administrator and
shall set forth the basis of the appeal. The City Administrator, or his designee, shall hold a
hearing on the appeal within thirty(30) days of receipt of the written appeal. The City
Administrator, or his designee, shall render a written decision within thirty(30) days after the
close of the hearing on the appeal by providing it to the appellant by first class mail. The
decision of the City Administrator shall be final. (3560-7/02)
8.21.220 Unauthorized collection prohibited. No person other than the City Refuse Collector
shall scavenge or otherwise remove Refuse or Recyclable Waste Material that has been placed at
the designated collection location. (3560-7102)
8.21.230 Violation--penalty.
(a) It shall be unlawful for any person to provide Refuse service within the City without the
permission of the Director. (3560-7/02)
(b) It shall be unlawful for:any person to utilize Refuse collection service by a Person`not
permitted to provide such service by the Director. (3560-7/02)
(c) Any person who violates any provision of this chapter shall be subject to the provisions of
Chapters 1.16 and 1.18 of this Code. (3560-7/02)
(d) The provisions of this chapter shall be enforced by City Police, Code Enforcement
Officers, or by any City department authorized to do so by the City Administrator.
(3560-7/02)
7/02
Huntington Beach Municipal Code 8.72.010-8.72.010(e)
Chapter 8.72
TATTOOING,BODY PIERCING AND PERMANENT COSMETICS REGULATIONS
(Repealed Chapter 8.70-Tattooing Establishment and Operation Regulations—3237-7/94) .
(Chapter 8.72.-3625-1104)
Sections:
8.72.010 Definitions
8.72.020 Locational Criteria
8.72.030 License Required
8.72.040 Record Retention
8.72.050 Health and Sanitary Requirements
8.72.060 Operator
8.72.070 Establishment
8.72.080 Equipment and Supplies-General
8.72.090 Patrons
8.72.100 Skin Preparation
8.72.110 Tattoo
8.72.120 Body Pierce
8.72.13 0 Interpretation
8:72.140 Severability
872.150 Enforcement
8.72.160 Violations
8.72.170 Penalties
8.72.010 Definitions
(a) Aftercare Instructions: Written instructions given to the client, specific to the body art
procedure(s)rendered, about caring for the tattoo or body piercing and surrounding area.
These instructions will include information about when to seek medical treatment,if
necessary.
(b) Antiseptic: A chemical that kills or inhibits the grown of organisms on skin or living
tissue.
(c) Autoclave: Ari apparatus that is registered.and listed with the federal food and drug
administration for sterilizing articles by using superheated steam under.pressure.
(d) Bloodborne Pathogens: Pathogenic microorganisms that are present in human blood
and can cause disease in humans. These pathogens include,but are not limited to,
hepatitis B virus (HBV), hepatitis C (HCV), and HIV.
(e) Body Pierce: To puncture, perforate, or penetrate any human body part or tissue with an
object, appliance, or instrument for the purpose of placing a foreign object in the
• perforation to prevent the perforation from closing. The puncturing of the outer
perimeter or lobe of the ear shall not be included in this definition.
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8.72.010(f)-8.72.010(p) Huntington Beach Municipal Code
(f) Contaminated: The presence or reasonably anticipated presence of blood,body fluid, or
other potentially infectious materials, as defined in 29 Code of Federal Regulations,Part
1910.1030 (latest edition),known as"Occupational Exposure to Bloodborne Pathogens"
in.or on the surface of an item or person.
(g) Contaminated Waste: Any contaminated material used in tattooing, body piercing, or
permanent cosmetics that is to be disposed of.
(h) Department/Officer: That person or office designated by order of the City Council of
the City of Huntington Beach or by contract approved by the said Council as the person
or office having responsibility for the enforcement of the provisions of this article. This
also includes any Orange County Health Officer.
(i) Disinfectant: A chemical that is capable of destroying disease-causing organisms on
inanimate objects, with the exception of bacterial spores.
(j) Establishment: Any place whether public or private, temporary or permanent, in nature
or location, where tattooing,body piercing, or application of permanent cosmetics is
performed.
(k) Equipment: All machinery,including fixtures, containers,vessels, tools,.devices,
implements, furniture,display and storage areas, sinks, and all other apparatus and
appurtenances used in connection with the operation of a tattoo,body piercing, or
permanent cosmetic establishment.
(1) Minor: Any person under the age of 18 years.
(m) Operator: Any person, whether the proprietor or another person, administering a tattoo,
body piercing, or permanent cosmetic to any customer of the establishment.
(n) Proprietor: The person having general control and management over the conduct of the
business at a tattoo,body piercing, or permanent cosmetic establishment, whether or not
such person is the legal owner of the premises.or the business._
(o) Practitioner/Operator: A person registered with the Orange County Health Officer and
approved by the Chief of Police who performs tattooing,body piercing, and/or permanent
cosmetics on another person at that persons request.
(p) Premises: An establishment, its contents, and the contiguous land or property and its
facilities and contents that are under the control of the proprietor that may impact the
establishment personnel, facilities, or operation.
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• Huntington Beach Municipal Code 8.72.010(q)-8.72.040(a)(5)
(q) Tattoo: Any method of placing ink or other pigment into or under the skin or mucosa by
the aid of needles or any other instrument used to.puncture the skin, resulting in
permanent coloration of the skin or mucosa. This term includes all forms of cosmetic
tattooing and permanent cosmetics or permanent makeup.
(r) Workstation: Any area that is set up to perform tattooing, body piercing, or permanent
cosmetics. A workstation can be a separate room or an area that can be screened to
insure privacy when performing nipple, genital, or other discretionary area tattooing or
body piercing. All workstations will comply with sanitation rules and guidelines set forth
in this code.
8.72.020 Locational Criteria No person or practitioner may tattoo or body pierce another
person unless such tattooing or body piercing is done at a licensed establishment that meets the
requirements of this chapter. Such establishment must be located in an area approved for such
purpose per the City of Huntington Beach Zoning and Subdivision Ordinance.
8.72.030 License Required All owners of a tattoo and/or body piercing establishment, or those
establishments providing tattoo and/or body piercing, must obtain a business license from the
City of Huntington Beach. All independent contractors, or any person providing any service
relating to tattoo and/or body piercing who is not;an employee must obtain a business license
from the City of Huntington Beach.
8.72.040 Record Retention
(a) Records shall be kept of all tattoos and body piercing. The records shall be kept on the
premises of the establishment where administered. These records shall be available for
inspection for a period of three(3) years after the date of the procedure. The records
shall include;
(1) The date and time of the procedure.
(2) Record of information from the patron's picture identification showing the name, date
of birth, gender, address of patron, and Driver's License or Identification Card
number. US Passports must be accompanied with a second valid form of
identification.
(3) The location of any tattoo,permanent cosmetic, or body piercing.
(4) The name and registration number of the practitioner.
(5) A copy of the signed client information and consent form to perform the tattoo or
• body piercing.
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8.72.050-8.72.060(b)(1) Huntington Beach Municipal Code
8.72.050 Health and Sanitary Requirements
Practitioner Requirements
(a) The practitioner shall be free of communicable disease that may be transmitted by the
practitioner of tattooing or body piercing. The practitioner shall submit to City on an
annual basis a certificate from a medical doctor, stating that the applicant has,within 30
days immediately preceding the date of exam,been examined and found to be free of any
contagious or communicable diseases, such as Hepatitis B, Hepatitis C, Tuberculosis, and
Infectious Mononucleosis.
(b) Practitioners 1vith open sores, rashes, lesions,boils or skin infections shall not engage in
the practice of tattooing or body piercing.
(c) No practitioner shall work while under the influence of alcohol or any other mind-
altering drug,prescription or non-prescription.
(d) No practitioner shall smoke, eat, or drink at the workstation during or between
procedures.
(e) The practitioner shall wash his or her hands and forearms thoroughly with soap and hot
water before any skin preparation or procedure. The hands shall be dried with single-
service towels: Single-service disposable rubber gloves shall be worn throughout the
entire procedure.
8.72.060 Operator
(a) No Operator shall;
1. Allow practitioners with open sores, rashes, lesions,boils or contagious skin
infections to engage in the practice of tattooing or body piercing.
2. Allow any practitioner to work while that practitioner is under the influence of
alcohol or any mind-altering drug.
3. Allow any practitioner to use tobacco products,.eat or drink while performing an
actual procedure:
(b) The Operator shall;
1. Allow access to the officer for the City of Huntington Beach or a designee of the
Orange County Health Care Agency to enter the tattooing or body piercing
establishment at any time during normal business hours in order to ensure that the
provisions of this ordinance are being met. The officer may enter, inspect, issue
notices of violations, copy records, impound, seize and secure any samples,
photographs, or other evidence from any establishment.
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• Huntington Beach Municipal Code 8.72.060(b)(2)-8.72.070(h)
2. Require each practitioner working at the establishment to be registered with the
Orange County Health Care Agency.
3. Maintain a list of registered practitioners that work at or have worked at the
establishment for a review by the officer during inspections. This includes all
employees and independent contractors.
8.72.070 Establishment The Operator shall be responsible for and ensure the following;
(a) The entire premises of the establishment and all facilities used in connection therewith
shall be maintained in a clean and sanitary condition and in good repair.
(b) The establishment shall be equipped with potable hot and cold running water under
pressure as well as toilets and hand sinks that are connected to water and sewage disposal
systems. Hand sinks shall be supplied with cleansing compound and single-service
towels. At least one(1) additional hand sink shall be located within the immediate area
of the workstation. In addition to adequate hand sinks, the establishment shall have a
separate janitorial sink available for use by the establishment.
(c) The establishment, including the immediate workstation area where tattooing and body
piercing is performed, shall be adequately lighted and ventilated.
(d) Floors,walls, and ceilings in the immediate workstation area shall have smooth,
nonporous,nonabsorbent and washable surfaces, and shall be maintained in a clean
condition. Concrete blocks or other masonry used in wall construction shall be covered
or made smooth and sealed for a nonporous washable surface. Carpeting is prohibited.
(e) Approved waste containers with nonabsorbent, durable plastic liners, shall be used for all
tissues, towels, gauze pads and other similar items used on the patron. Bio-hazardous
waste shall be disposed of in an acceptable manner. Needles and razors shall be disposed
of in a SHARPS container.
(f) Smoking or consumption of food shall not be allowed,in the immediate workstation area
where the procedure is being performed. No alcoholic beverages will be consumed in
workstation area of the establishment at any time.
(g) No animals, except guide dogs for visual or hearing-imp aired persons, shall be permitted
in the establishment.
(h) The establishment shall be equipped with a telephone for use in case of need for
emergency services.
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8.72.070(i)-8.72.080(k) Huntington Beach Municipal Code
(i) No establishment shall be used as a sleeping room or dormitory.
8.72.080 Equipment and Supplies- General
(a) All establishments shall be equipped with an autoclave, or similar de-ice approved for
use in sterilizing instruments to be used on humans, and which is in good working order
and which is manufactured with temperature and pressure gauges marked and visible on
the outside of the unit. Sterilization tape, or similar indicator, shall be used with each
batch autoclave or dry sterilizer to monitor functioning of the sterilization unit.
(b) All instruments used on any patron shall be sterilized.
(c) All instruments shall be thoroughly cleaned before being sterilized. This may be done
with an ultrasonic cleaner or with a probe, needle or brush able to enter the smallest
opening of the instrument. The cleaning of the instruments shall be done with detergent
and hot water.
(d) Equipment or instruments requiring sterilization may be Napped'vkzth an approved paper
or plastic or placed in glass or plastic tubes. All such packages of containers shall be
marked with temperature recording tape or labels and dated with the date of sterilization.
(e) All surfaces and equipment,including,but not limited to;chairs,workstations; counters,
recliners, dispensers, shall be made of smooth, nonabsorbent,nonporous material that can `
withstand repeated disinfection.
(f) Engineering and work practice controls shall be utilized to eliminate or minimize
exposure to blood and body fluids. Extraordinary care must be taken to avoid accidental
wounds from sharp instruments contaminated with blood or body fluids and to avoid
contact with open skin lesions. Needles shall not be broken,bent or recapped,unless the
needle is equipped with a factory installed, medically approved,recapping device.
(g) All establishments shall have clean or single-use disposable, laundered towels,
washcloths and disposable paper towels in sufficient quantity.
(h) A clean or.single-use disposable towel and washcloth shall be used for each customer.
(i) Clean towels and washcloths shall be stored in a closed,dust-proof container.
(j} Soiled towels and washcloths shall be disposed of or stored in an approved covered
container.
(k) Any material or supply which has made contact with the blood or body fluids of any
person, or by an instrument which has had such contact, shall be deemed contaminated
and must be disposed of unless it may be sterilized and reused under the specific
provisions of this ordinance.
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• Huntington Beach Municipal Code 8.72.080(I)-8.72.100(b)
(1) A disinfectant shall be used after cleaning to disinfect any surface contaminated with
blood or body fluids.
(m) All facilities shall have a waiting area that is separated from the workstation area.
(n) A public restroom shall be available to patrons during business hours.
(o) The workstation area and patron chair/table shall be wiped down with a disinfectant using
a single-use paper towel before and after serving each patron.
(p) Wall mounted hand washing cleanser and wall mounted single-use towel dispensers shall
be provided and filled at all hand washing sinks.
8.72.090 Patrons
(a) Inquiry shall be made and no tattooing or body piercing shall be performed on an
individual who is suspected of having jaundice or hepatitis or who recovered from
jaundice or hepatitis within the preceding six (6)months.
(b) Tattooing or body piercing shall not be performed on an individual in an area with an,
evident skin infection or other skin disease or condition,including,but not limited to,
rashes,pimples,boils, infections, open lesions, or sunburn which shows any evidence of
unhealthful conditions without medical clearance.
(c) Tattooing or body piercing shall not be performed on any patron who appears to be
impaired by or under the influence of alcohol or any mind-altering drug.
8.72.100 Skin Preparation The following aseptic techniques shall be utilized in the practice of
tattooing and body piercing.
(a) Practitioners shall wash their hands thoroughly with hot water and soap before gloving,
prior to each patron. Hands shall be dried with individual.paper towels. Practitioners
shall wear single-use gloves during the procedure and shall discard the gloves at the end
of the procedure.
(b) If the patron's skin is to be shaved, the skin shall be washed with a cleansing, medicated
soap before shaving. A safety razor shall be used. A new blade shall be used for each
customer. The blade shall be discarded in a SHARPS container after each use. If
reusable blade holders are used,they shall be autoclaved between uses on different
patrons.
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8.72.1 00(c)-8.72.1 1 0(g) Huntington Beach Municipal Code
(c) The skin area to be tattooed or pierced shall be prepared by thoroughly washing the area
with seventy percent (706/o) isopropyl alcohol. The solution shall be applied with cotton
or gauze or sprayed on.
(d) Single-use gauze pads, cloths and towels shall be used in the skin cleaning and
preparation process. Such materials shall be discarded after use.
(e) All patrons that have received a tattoo or body piercing, or portion of a tattoo or body
piercing, shall be provided with printed aftercare instructions regarding care during the
healing process of any tattoo or body piercing done at such establishment.
8.72.110 Tattoo
(a) It shall be unlawful for any person to tattoo a person under the age of 18 years, regardless
of parental consent.
(b) Before administering a tattoo, the patron must be advised in writing of the consent form
in regards to the following:
1 That the tattoo should be considered ermanent •
O P
(2) That there is potential for adverse healing such as keloid formation, and
hypertzophic scarring,
(3) That it can only be removed with a surgical procedure, and
(4) That any effective removal may leave scarring.
(c) One copy of the consent form will be retained by the establishment for three (3) years and
a copy of the consent form will be given to the patron.
(d) Any dye or ink in which needles were dipped shall not be used on another person. Ink
cups shall be for single patron use.
(e) Needles shall be used on only one (1) patron and then properly discarded.
(f) Needles may be reused during the same session on the same person by rinsing them
under running tap water, followed by rinsing them in seventy percent(70%) isopropyl
alcohol.
(g) No stencil may be re-used unless it has been disinfected/sanitized.
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•
Huntington Beach Municipal Code 8.72.110(h)-8.72.120(a)
(h) Plastic stencils shall be thoroughly cleaned after each use and sanitized by immersion for
ten(10)minutes in a chlorine disinfectant solution prepared by mixing one (1)tablespoon
of household bleach containing five percent(5%) chlorine with one (1)pint ofwater. `A
fresh solution of chlorine must be prepared for each stencil. After sanitizing, the stencils
shall be rinsed in running tap water and air-dried or blotted dry with a clean, single-use
towel. Prior to use, each pre-cleaned stencil shall be rinsed in a seventy percent (70%)
isopropyl alcohol solution.
(i) Paper stencils shall only be used once. New paper stencils shall be used for every
individual.
(j) All inks, pigments, dyes and instruments used in the practice of tattooing shall be
maintained in a condition to prevent contamination.
(k) All inks,pigments, and dyes shall be obtained from sources recognized as safe.
Information indicating the sources of all ink and pigments shall be available to the
Officer or County Health Department upon request.
. (1) Only inks;pigments and dyes shall be used and shall be dispensed from bottles and
containers:
(m) Immediately before applying a tattoo, the dye to be used for the tattoo shall be squeezed
from the dye bottles into disposable cups. Upon the completion of the tattoo,the cups
and unused dye shall be discarded. Any dye in which the needles were dipped shall not
be used on another person.
(n) Petroleum jelly, or other applying agent,used for applying stencils shall be dispensed
from a single-use disposable container or with a tongue blade or applicator stick, which
shall be discarded after each use.
(o) After completing work on any patron, the tattooed area shall be washed with seventy
percent(70%)isopropyl alcohol. A dry, gauze or plastic wrap dressing shall be used to
cover.the tattooed area. Pierced areas shall be treated to ensure the prevention of
infection.
8.72.120 Bodv Pierce
(a) It shall be unlawful for any person to body pierce an individual under the age of 18 years
unless such body piercing is performed in the presence of, or as directed by a notarized
writing by,the minor's parent or legal guardian. The minor shall present valid
• identification and the parent or legal guardian shall present a valid photo identification to
the practitioner prior to any body piercing.
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8.72.120(b)-8.72.170(b) Huntington Beach Municipal Code
(b) ' Nipple and genital piercing is prohibited on minors regardless of parental consent.
8.72.130 Interpretation In their interpretation and application,the provisions of this ordinance
shall be held to a minimum requirement and shall be liberally construed in favor of the City of
Huntington Beach, and shall not be deemed a limitation or repeal of any other power granted by
the City of Huntington Beach Municipal Code.
8.72.140 Severability If any section, sentence, clause or phrase of this section is for any reason
held to be invalid or unconstitutional by a decision of any court, such decision shall not affect the
validity of the remaining portions of this ordinance.
8.72.150 Enforcement
(a) The Officer shall have the authority, under the Huntington Beach Municipal Code,to
inspect any establishment under the provisions of this ordinance for the purpose of
determining compliance with any of the terms of this ordinance.
(b) Access. -The Officer for,the City of Huntington Beach or a designee of the Orange •
County Health Care Agency shall be permitted to enter the tattooing or body piercing
establishment at any time, during normal business hours, in order to ensure thafthe
provisions of this ordinance are being met. The Officer may enter,inspect,issue notices
of violations, copy records, impound, seize and secure any samples,photographs,or other
evidence from any licensed or unlicensed establishment.
8.72.160 Violations Violations of this ordinance are an immediate and present danger to the
public health and welfare. Unlicensed or unsanitary operation of a tattoo or body piercing
business shall be deemed to cause irreparable harm. Violations of this ordinance may be
enjoined, without prejudice to seek forfeiture for the violations involved.
8.72.170 Penalties Each of the following acts or omissions of the ordinance shall constitute a
misdemeanor.
(a) Any performance of a tattooing or body piercing operation by an Operator in violation of
any requirement of prohibition imposed in this article.
(b) Any failure by a proprietor to maintain a tattooing or body piercing establishment in
conformity with the requirements of this article. For purposes of this subparagraph(b),
each day upon which such a failure to conform occurs shall constitute a separate
violation.
•
1104
Huntington Beach Municipal Code 9.90.010-9.90.020(e) ,
e
• Chapter 9.90
DOOR-TO-DOOR SOLICITATION
(Repealed Chapter 9.64(Registration of Canvassers)—746-2/60,851-8/61, 1023-1/64,2266-3/78)
(Chapter 9.90-3623-12/03)
Sections
9.90.010 Definitions
9.90.020 Regulations applicable to all soliciting
9.90.030 Provisions nonexclusive
9.90.010 Definitions
(a) "Soliciting" shall mean, for the purposes of this ordinance, offering a good or service,
seeking contributions of any kind, for whatever purpose or cause, or soliciting support
for or opposition to any person, cause, organization,philosophy or venture. This shall
include,but not be limited to, commercial solicitors and peddlers as defined in Chapter
5.04 of this Code. This definition includes persons approaching a residence to solicit
or disseminate information of any kind. (3623-12/03)
(b) "Private property" shall mean a privately owned building, either a residence or
commercial enterprise. (3623-12103)
9.90.020 Regulations applicable to all soliciting
(a) No person shall engage in solicitation upon any private property after having been
• asked by the owner or occupant thereof to leave such property. (3623-12/03)
(b) Unless invited by the legal occupants or owners of a private property, it shall be
unlawful for any person to engage in solicitation upon any private premises or
residence or business located thereon if such premises or residence is posted against
solicitation by means of a notice,prominently displayed upon which is printed:
SOLICITING AT THIS LOCATION IS A VIOLATION OF LAW
For purposes of the preceding sentence, a private property, either residence or
business, shall be deemed to be posted against solicitation if there is exhibited, on or
near the main entrance to the property or on or near the main door to any structure
located thereon, above ground level, a sign conspicuously posted, which bears the
above legend. (3623-12103)
(c) No person who engages in solicitation shall use any plan, scheme or ruse or make any
statement which indicates or implies that the purpose of such person's solicitation is
other than to obtain orders for or to make sales of goods or services. (3623-12/03)
(d) No person who engages in solicitation shall misrepresent the right of a buyer to
rescind or cancel a sale under the provisions of applicable law. (3623-12/03)
(e) It shall be unlawful for any person to engage in solicitation at any time of day if such
time of day is clearly posted on the no soliciting sign posted pursuant to this
Ordinance. (3623-12/03)
•
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9.90.020(l)-9.90.030 Huntington Beach Municipal Code
(f) No solicitor shall solicit by shouting or by using any sound device in connection with
soliciting;.including.bells or amplifying systems. (3623-12/03)
(g) No solicitor shall step onto or over the threshold of a doorway of a residence, unless
invited to do so by the occupant or place hands, legs or any portion of the solicitor's
body in the doorway so that it reasonably appears that the door may not be closed,
unless allowed to do so by the occupant. (3623-12/03)
(h) It shall be unlawful to make false statements or misrepresentations about the purpose
of the solicitation. (3623-12/03)
9.90.030 Provisions nonexclusive. Nothing in this chapter shall be construed as to replace
or eliminate any of the provisions or requirements of Title 5 of the Huntington Beach
Municipal Code requiring business licenses. (3623-12/03)
•
12/03
Huntington Beach Municipal Code 12.04.010-12.04.020
e
Chapter 12.04
DATUM PLANE
(33-12/09,2022-1/76,3629-02/04)
Sections:
12.04.010 Established
12.04.020 Benchmark
12.04.010 Established. The datum plane of this city from which to measure and calculate the
elevation for grades of the avenues and streets of this city, and for other purposes, shall be
referenced to the latest adjustment of the Orange County Surveyors Vertical Control Network, as
published by the Orange County Surveyors Geodetic Unit and clearly represented upon the face
of the document prepared by the engineer or land surveyor in which said grades and/or
calculations are applicable. (33-12/09,2022-1/76,3629-02/04)
12.04.020 Benchmark. The official benchmark of this city shall be any benchmark referenced
in the latest version of the Orange County Surveyors Vertical Control Network published by the
County of Orange, Environmental Management Agency, Public Works Survey Division and shall
be referenced on the document prepared by the engineer or land surveyor in which said grades
and/or calculations are applicable. A copy of the official benchmark shall be made available
upon request. (33-12/09,2022-1/76,3629-02/04)
02114
Huntington Beach Municipal Code .17.05 Index "
• CHAPTER 17.05
GRADING AND EXCAVATION CODE
- (3259-12/94,3621-12/03).
Sections.
17.05.010 Title
17.05.020 Scope
17.05.030 Grading Manual
17.05.040 Definitions
17.05.050 Grading permits
17.05.060 Grading pen-nit paving
17.05.070 Grading pemut,watercourse alteration
17.05.075 Grading pemut,construction
17.05.080 Temporary stockpile permit
17.05.090 Types of grading permits
17:05.100 Enforcement
17.05.110 Violation and penalties
17.05.120 Hazardous conditions
17.05.130 Application for permit
17.05.140 Plans and specifications
17.05.150 Soils and geology reports
17.05.160 Issuance,expiration,and renewal
17.05.170 Denial of permit
17.05.180 Time of grading operations
17.05.190 Responsibilityofpezi
17.05.200 Protection of ad'oinin ro
g p p�Y J
17.05.210 Import and export of earth material
17.05.220 Grading plan check fees
17.05.230 Grading permit fees
17.05.240 Cost recovery fees
17.05.250 Security
17.05.260 Cuts
17.05.270 Fills
17.05.280 Setbacks
17.05.290 Drainage and terracing
17.05.300 Asphalt concrete pavement
17.05.310 Erosion control and water quality requirement systems
17.05.320 Erosion control plan
17.05.330 Erosion control maintenance
17.05.340 Inspection authority
17.05.350 Engineer of Record responsibility
17.05.360 Notification ofNon-Compliance
17.05.370 Transfer of responsibility for approval
17.05.380 Site inspection by City Inspector
17.05.390 Special inspections
17.05.400 Final reports
17.05.410 Notification of completion
12/03
17.05.010-17.05.040(i) Huntington Beach Municipal Code '
17.05.010 Title. This Chapter shall be known as and may be cited as the"City of Huntington Beach
Grading and Excavation Code." "Code"as referred to in this Chapter,unless the context clearly indicates
otherwise,shall mean the"City of Huntington Beach Grading and Excavation Code."
17.05.020 Scope. This Code sets forth rules and regulations to control excavation,grading,and earthwork
construction,including fills and embankments,and establishes administrative requirements for issuance of
grading pemuts and approval of plans and inspection of grading construction in accordance with
requirements for grading and excavation as contained in the Uniform Building Code then in effect as
adopted and modified by City ordinance as well as water quality requirements relevant to activities subject
to this Chapter. (3621-12103)
17.05.030 Grading Manual. The Director of Public Works("Director")shall formulate and modify as
necessary such rules,procedures,and interpretations as may be necessary or convenient to administer this
Chapter. Such rules,procedures and interpretations shall be referred to as the"City of Huntington Beach
Grading Manual'or the"Grading Manual." In the event of any conflict between said Grading Manual and
this Code,the provisions of this Code shall govem. The provisions of the said Grading Manual shall
include provisions to assure that the water quality requirements of this Chapter apply to all such activities
and,to the extent that they are made conditions of any permit by the Director,be binding on the pemrittee.
(3621-12/03)
17.05.040 Definitions.
(a) Approval,unless otherwise specified,shall mean a written engineering or geological opinion by the
responsible engineer or geologist of record or responsible principal of the engineering company
concerning the progress and completion of the work. (3621-12/03)
(b) Approved plans shall mean the current grading plans which bear the signature of approval of the,
Director,Planning Director,and Fire.Chief,or their designees. (3621-12/03)
(c) AMroved testing agency shall mean a facility whose testing operations are controlled and monitored
by a registered Civil Engineer and which is equipped to perform and certify the tests required by this
Code,or the Grading Manual,as determined by the Director. (3621-12/03)
(d) Borrow shall mean earth material acquired from an off-site location for use in grading on a site.
(e) City En 'Meer shall mean the City Engineer of the City of Huntington Beach or a duly delegated
representative.
(f) City Inspector shall mean an inspector duly authorized by the Director of Public Works to perform
inspection of grading,concrete placement and related constructed work or other grading related work
approved by the Director:
(g) Civil En- shall mean a professional engineer currently registered in the State of California to
practice in the field of civil engineering. (3621-12/03)
(h) Civil Eg4neerin;shall mean the application of the knowledge of the forces of nature,principles of
mechanics,and the properties of materials for the evaluation,design,and construction of civil
engineering works for the beneficial uses of mankind. (3621-12/03)
(1) Clearing brushing,and gnibbin. shall mean the removal of vegetation(grass,brush,and similar plant
types)by mechanical means. Trees to be removed must be accompanied by a City approved arborist
report and may require replacement(s). (3621-12/03)
12/03
Huntington Beach Municipal Code 17.05.040(j)-17.05.M(x)
(j) Compaction shall mean the densification of a fill by mechanical means.
(k) Commercial coach shall mean a vehicle with or without motive power,designed and equipped for
human occupancy for industrial,professional,or commercial purposes,and shall include a trailer
coach.
(1) Director shall mean the Director of the City of Huntington Beach Public Works Department or a duly
delegated representative.
(m) Earth Material shall mean any rock,natural soil fill,or any combination thereof.
(n) Engineering Geologist shall mean a geologist certified in the State of California to practice
engineering geology.
(o) Engineering Geology shall mean the application of geologic knowledge and principles in the investigation
and evaluation of naturally occurring rock and soil for use in the design of civil works.
(p) Erosion shall mean the wearing away of the ground surface as a result of the movement of wind,or
water.
(� Erosion controls tern shall mean a combination of desilting facilities and erosion protection
including effective planting,to protect adjacent private property,watercourses,public facilities and
receiving waters from any abnormal deposition of sediment or dust. (3621-12/03)
(r) Excavation shall mean the manual or mechanical removal of earth material. (3621-12/03)
(s) Fill shall mean a deposit of earth material placed by artificial means.
(t) Grade shall mean the vertical location of the ground surface.
(1) Natural grade is the ground surface unaltered by artificial means.
(2) Existing grade is the ground surface prior to grading.
(3) Rough grade is the stage at which the grade approximately conforms to the approved plan.
(4) Finished grade is the final grade of the site which conforms to the approved plan. (3621-12/03)
(u) Grading shall mean any excavating or filling or combination thereof. (3621-12103)
(v) Grading contractor shall mean a contractor licensed and regulated by the State of California who
specializes in grading work or is otherwise licensed to do grading work.
(w) Grading permit shall mean an official document or certificate issued by the Director of Public Works
or delegated representative authorizing grading activity as specified by approved plans and
specifications.
(x) Hillside site shall mean a site which entails cut and/or fill grading of three(3)feet or more in vertical
height below or above natural ground;or a combination fill-over-cut slope equal to or greater than
five(5)feet in vertical height;or,.iiiere the existing grade is twenty percent(20%)or greater,and
which may be adversely affected by drainage and/or stability conditions within or from outside the
site,or which may cause and adverse effect on adjacent property. (3621-12103)
12103
17.05.040(y)-17..05.040(mm) Huntington Beach Municipal Code
(y) Mobilehome shall mean a structure,transportable in one or more sections,designed and equipped to
contain not more than two(2)dwelling units to be used with or without a foundation system. Mobileho
does not include recreational vehicle,commercial coach,or factory-built housing.
(z) Owner shall mean any person,agency,firm,or corporation having a legal or equitable interest in a
given real property.
(aa) Permanent erosion control devices shall mean improvements which remain throughout the life of the
development;they include terrace drains,down drains,slope landscaping,channels,and storm drains.
(bb) Precise grading pen-nit shall mean a pemut that is issued on the basis of approved plans which must
show all proposed improvements and site drainage to the degree required by the Director. (3621-12/o3)
(cc) Rough wadingpemut shall mean a permit that is issued on the basis of approved plans which do not
show a structure location,but must show interim site drainage pattems to the degree required by the
Director. (3621-12/03)
(dd) Semi-permanent erosion control devices shall mean devices which are used primarily during
construction and are not relocateable. They include earthen berms,concrete spillways,desilting
basins,and riser/outlet pipes.
(ee) Site shall mean any lot or parcel of land or contiguous combination thereof,under the same
ownership,where grading is performed or permitted.
(fl) Slope shall mean an included ground surface,the inclination of which is expressed as a ratio of
horizontal distance to vertical distance. (3621-12/03)
(gg) Soil is naturally occurring surficial deposits overlying bedrock'(3621-iom)
(hh) Soil Engineer shall mean a civil engineer currently registered in the State of California whose field of
expertise is soil mechanics. (3621-12103)
(ii) Soil Engineering shall mean the application of the principles of soil mechanics in the investigation,
evaluation,and design of civil works involving the use of earth materials and the inspection and
testing of the construction thereof. (3621-12/03)
Stockpile shall mean earth material in excess of fifty(50)cubic yards stored for a temporary period of
time upon a lot as permitted by the Director. (3621-12/03)
(kk) Stormwater Permits shall mean any pen-nits issued by a local,state or federal regulatory agency
regulating stormwater flow over and from any project subject to this article including but not limited
to NPDES permits and state general permits as defined in Chapter 14.25. (3621-12/03)
(11) Temporary erosion control devices shall mean devices which are removable and can rarely be
salvaged for subsequent reuse. In most cases,they will last no longer than one rainy season. They
include sandbags,gravel bags,plastic sheeting(visqueen),silt fencing,straw bales,and similar items.
(3621-12/03)
(mm)Ten-ace shall mean a relatively level step constructed in the face of a graded slope surface for drainage
and maintenance purposes. (3621-12/03)
12/03
Huntington Beach Municipal Code 17.05.040(nn}-17.05.050(j)
• (nn) Water quality requirements shall mean the requirements relevant to activities that are subject to this
Chapter and found in the City Stormwater and Urban Runoff Management Ordinance,Chapter
14.25,and the current County of Orange Drainage Area Management Plan("DAMP")including all
appendices and guidance documents included in the DAMP,as well as requirements relevant to the
activities that are subject to this.Chapter found in stormwater permits. (3621-12103)
17.05.050 Grading permits. No person shall conduct any grading,clearing,brushing,or grubbing on natural
or existing grade that is preparatory to grading,without first having obtained a grading permit from the
Director. Exceptions to this requirement are as follows or as otherwise determined by the Director:
(a) An excavation below finished grade for basements and footings of a building,mobilehome,retaining
wall,or other structure authorized by a valid building permit or construction pen-nit. This shall not
exempt any fill made with the material from such excavation nor exempt any excavation having an
unsupported height greater than five(5)feet after the completion of such structure. This shall not
prohibit a minimum fee grading permit or soil or geologic report from being required for foundation
design and inspection purposes when,in the opinion of the Director,soil stability or flooding
considerations warrant such inspection.
(b) Cemetery graves.
(c) Refuse disposal sites controlled by other regulations.
(d) Earthwork construction regulated by the Federal,State,County,or City Governments,or by any local
agency as defined by Goverment Code Section 53090 through 53095(special districts),pipeline or
conduit excavation and backfill.conducted by local agencies or public utilities,earthwork construction
performed byrailwaycompanies on their operating property. This exemption,however,shall.apply
only when the earthwork construction takes place onthe property,dedicated rights-of-way,or
easements of the above agencies.
(e) Excavation and backfill for installation of underground utilities by public utilities or companies
operating under the authority of a franchise or public property encroachment permit.
(fl Mining,quarrying,excavating,processing,stockpiling of rock,sand,gravel,aggregate or clay where
established and provided for by law,under other agency pemut(s),provided such operations do not
affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous
property. (3621-12/03)
(g) Exploratory excavations under the direction of soil engineers or engineering geologists,provided all
excavations are properly backfilled as required by the Director. All such excavations and trenches are
subject to the applicable sections of Title 8 of the State Orders,Division of Industrial.Safety. (3621-12/03). ,
(h) An excavation which does not exceed fifty(50)cubic yards on any one site and which is less than two
(2)feet in vertical depth,or which does not create a cut slope greater than five(5)feet in vertical
height and steeper than two to one vertical(2:1).
(i) A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one
vertical(5:1),which does not exceed fifty(50)cubic yards on any one site and does not obstruct a
drainage course. (3621-12103)
0) A fill less than three(3)feet in depth,not intended to support structures or mobilehomes which does not
Sexceed fifty(50)cubic yards on any one site and does not obstruct a drainage course. (3621-12/03)
12/03
17.05.060-17.05.100 Huntington Beach Municipal Code '
a -
17.05.060 Grading permit,paying. No person shall construct pavement surfacing in excess of three S
thousand(3,000)square feet,on natural or existing grade without a valid grading permit unless waived by
the Director,or unless a separate improvement plan for such paving is approved by the Director.
Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.
17.05.070 Grading permit,watercourse alteration. No person shall alter an existing watercourse,
channel,or revetment by excavating,or placing fill,rock protection;or structural improvements without a
valid grading permit unless waived by the Director or performed as interim protection under emergency
flood fighting conditions.
17.05.075 Grading permit,construction. No person shall perform any construction,for which a building
permit is required,without a valid grading permit unless waived by the Director.The following building
categories shall be exempt from this requirement,provided that such construction does not alter an existing
watercourse,channel or revetment:roofing,block walls,swimming pools,patio covers,driveways or on-
site paving less than three thousand(3,000)square feet in area,patio enclosures less than four hundred(400)
square feet in area,and building additions less than four hundred(400)square feet in area
17.05.080 Temporary stockpile permit.
(a) The City may issue a temporary stockpile permit,in lieu of a grading permit,to stockpile soil on a lot
or parcel upon the submission of an application for a temporary stockpile pemut by the owner of such
lot,or by the owner's authorized agent. A stockpile plan of the lot prepared by a licensed civil
engineer or as otherwise approved by the Director shall be submitted for approval. The stockpile plan
shall show the areas)in which the stockpiles are to be placed,the approximate amount of soil to be
stockpiled,along with the stockpile height restriction noted,shall be required. (3621-12/03)
(b) Soil so stockpiled shall not be disturbed or,leveled until a regular grading permit has been obtained for •
such work. The placement of the stockpile shall riot adversely affect the safety,use;or stabilit}i of any
structure,nor create a nuisance because of dust or erosion therefrom,nor block a public way or
drainage course;nor shall such placement of stockpile material constitute a hazard to public welfare
or endanger property. Stockpiling in a residential zone may be permitted under this section for
purposes of pro`riding fill material to be used on-site only. Stockpiling in residential zones for
purposes of selling of material shall be prohibited.
(c) The temporary permit shall expire one(1)year after issuance thereof. A new permit shall be required
annually.
(d) The permit fee for stockpiling shall be established by resolution of the City Council.
17.05.090 Types of eradine permits. Either a rough grading pen-nit or a precise grading permit maybe
issued for grading work upon completion of an application in accordance with the Grading Manual and
approval by the Director:The rough or precise grading permit is the option of the pernuttee provided that
the plans satisfy the requirements of the Grading Manual. Building permits shall not be issued for a site
graded under a rough grading permit until a precise grading permit has been issued or as otherwise
approved by the Director.(3621-12/03)
17.05.100 Enforcement. Whenever any building or grading work is being done contrary to the provisions
of this Code or the Grading Permit,the Director may order the work stopped by notice,in writing,served on
any persons engaged in the doing or causing such work to be done;and any such persons shall forthwith
stop such work until authorized by the Director to proceed with the work.
•
12103
9
9
Huntington Beach Municipal Code 17.05.110-17.05.120(e)(1)
17.05.110 Violations and penalties.
(a) It shall be unlawful for any person,firm,or corporation to do grading in the City of Huntington Beach,or
cause the same to be done,contrary to or in violation of any of the provisions of this code.
(b) The issuance of a building permit;performance pf building pemut inspections;or issuance of a certificate of
use and occupancy,maybe withheld for property on which a violation of the provisions of this Code exists,
including work performed not in accordance with approved gradin.-,plans,until such violation has been
corrected or mitigated to the satisfaction of the Director. The Director shall consult,as appropriate,with the
Director of Community Development.
(c) Any person,firm,or corporation violating any of the provisions of this Code shall be deemed guilty of a
misdemeanor,and each such person shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of this Code is committed,continued,or
permitted,and upon conviction of any such violation,such person shall be punishable by a fine of not more
than $500 or by imprisonment for not more than six(6)months,or by both such fine and imprisonment for
each offense.
17.05.120 Hazardous conditions.
(a) Existence: Hazardous conditions exist when the state of any natural ground,natural slopes,excavation,fill,
or drainage device,all of which exist on public or private property,is a menace to life or limb,or a danger to
public safety,endangers or adversely affects the safety,usability or stability of adjacent property,structures,
or public or private facilities.
(b) Examination: The Director may examine or cause to be examined every condition reported as hazardous as
set forth in subsection(a)of this section.
(c) Notice of Hazardous Condition Hearing: In any case where a hazardous condition is found by the Director,
the Director shall give notice,setting forth the finding to all owners of the property affected by the
hazardous condition,authorized representative of the owners or a permittee under any active pemmt which
gives permittee control of the property issued pursuant to this Code,hereinafter referred to as"owner",of
such required corrective work.The notice may state the time and place of a hearing to be held if the owner
fails to comply with any demand for corrective work or reports,The purpose of the hearing would be for the
presentation of evidence concenung the hazardous conditions and demand for corrective work or
submission of reports.The notice shall set forth the right of the owner to be present at the hearing and
introduce such relevant evidence on the issues.If the time and place of any hearing scheduled for the
presentation of evidence is not included in the initial notice(s),it shall be included in a subsequent notice.
(d) Evidence: At the time and place so specified for the hearing,evidence shall be submitted as to the facts of
any condition as to reasonably establish its existence,and the Director or designee,as Hearing Officer,shall
determine whether the facts presented reasonably establish the existence of a hazardous condition to the
satisfaction of the Hearing Officer.
(e) Order,Finality,and Appeal: If the Hearing Officer determines the existence of a hazardous condition,the
Hearing Officer shall determine whether such hazards are subject to corrective work and/or the need for
more analysis through the preparation of reports and shall order such work or reports and specify a
completion time.
(1) Finality of order. The deternunation and order may be made orally at the hearing and shall be written
• and transrnitted to the owner within a reasonable time. The detennination and order shall become final
within five(5)days,excluding Saturdays,Sundays,and holidays,from the time it is first rendered. In the
event that the owner was not present at the hearing,within five(5)days of the mailing of the order to the last
known address of said owner.
12/94
17.05.120(e)(2)-17.05.120(k)(1) Huntington Beads Municipal Code
(2) AApp: The owner may,at any time prior to the determination and order becoming final,appeal in
writing the decision of the Hearing Officer to the City Council.
(fl Completion of Work: The owner shall,following the finality of the determination and order of the Hearing
Officer,or if appealed,the determination and order of the City Council,commence the corrective action
ordered or preparation of reports;and such work or submissions shall be completed within the specified
time '
(g) Failure to Complete Work: If the owner neglects or fails to complete the corrective work or submit the
reports ordered by the Hearing Officer or City Council within the specified time,the Director may,
(1) cause the work to be performed or reports to be prepared or,
(2) advise the owner of the need for corrective work and wain him/her that in the absence of such
corrective work,subsequent future hazards may occur which could result in an order to vacate the
premises.
Nothing in this subsection shall be construed to limit the type of remedy or relief which the Director may
have under any other provision of law.
(h) Costs: Costs incurred by the City to perform any corrective work or prepare reports under subsection(g)
above,shall be charged to the owner. The Director may apply to the City Council to cause the costs to be
paid and levied as a special assessment against the property and collected in a manner provided for special
assessments.
(i) Vacation of property If necessary,the notice and order in subsection(c)or(e)of this section shall include
the requirement that the property,a portion thereof,or adjacent sites be vacated within a specified time,in
the interest of public safety,pending the finality of any determination and order for completion of corrective-
work.
(j) Notice: The Director shall cause the property to be posted at conspicuous locations with a notice containing
at least the following:
UNSAFE TO OCCUPY DO NOT ENTER
Director of Public Works
CITY OF HUNTINGTON BEACH
Date Posted
Said posted notice may also contain the date,time,and place of the hearing and the name,address,and
telephone number of the Office of The Director where additional information may be obtained Such
posted notices shall remain posted until any necessary corrective work is completed. Such posted notices
shall not be removed without written permission of the Director,and no person shall enter the property
except for the purpose of making the required corrections or preparing reports.
(k) Service of Notices: The notices and order required by subsections(c)and(e)of this section may be served
either:
(1) By mailing a copy by certified mail,return receipt requested,to the owner's address as designated on
papers,applications,or permits on file with the City of Huntington Beach;or
12/94
a
e
Huntington Beach Municipal Code 7.05.120(k)(2r17.05.150(b)
(2) By personally delivering a copy to the owner's address as designated on papers,applications,or permits
on file with the City of Huntington Beach;or
(3) If the owner is absent from his place of residence and from his usual or designated place'ofbusiness,by,
leaving a copy with some person of suitable age and discretion at either place,and sending a copy by
certified mail,return receipt requested,addressed to the owner or authorized representative at his plaice
of residence;or
(4) If such place of residence and business cannot be ascertained,or a person of suitable age or discretion
there cannot be found,then by affixing a copy in a conspicuous place on the property,building or
structure and also delivering a copy to a person there residing,if any,or to the person in charge,if any;
and also sending a copy by certified mail,return receipt requested,addre sed to the owner at the place
where the property,building or structure is situated,or to the owner at his last known or designated
address,or both.
17.05.130 Application for permit
(a) To obtain a grading pemut,the applicant must first file an application in writing on a form furnished
by the Director. The permit application shall be accompanied by infomnation required by the Director
and as specified in the Grading Manual.
(b) Applications for.which no permit is issued within 180 days following the date of application shall
• expire by limitation,and plans submitted for checking may thereafter be returned to the applicant or
destroyed by the Director. The Director may extend the time for action by the applicant for a period
not exceeding 180 days upon written request by the applicant;showing that circumstances beyond the
control of the applicant have prevented action from being taken. In order to renew action for an
application,after expiration,the applicant shall resubmit plans and pay a new plan check fee.
17.05.140 Plans and specifications.
(a) Each application for a grading pennit shall be accompanied by plans and specifications,and
supporting data consisting of soil engineering and engineering geology reports when required by the
Director.
(b) Plans and specifications shall be prepared and signed by a Civil Engineer,unless otherwise approved
by the Director.
17.05.150 Soils and geology reports.
(a) A soil engineering and engineering geology report shall be required for grading projects,unless
otherwise waived by the Director. The reports shall include information appropriate for the site
including any information required by the Director. Recommendations included in the reports and
approved by the Director shall be incorporated in the grading plans or specifications.
(b) Soils clean up must comply with Huntington Beach Fire Code Section 17.56.165(CFC §8001.5.2.5)
• and Fire Department Specification No.431-92-responsibility for clean up of contaminated soil.
(3621-12/03)
12/03
17.05.160-17.05,180 Huntington Beach Municipal Code '
e
17.05.160 Issuance,expiration,and renewal. Every permit issued shall be valid for a period of two(2)
years from the date of issuance,except as specified in Subsection(a)and(b)below:
(a) Every permit issued shall expire by limitation and become void if the work authorized by such permit
is not commenced within 180 days from the date of such permit,or if the work authorized by such
permit is suspended or abandoned at any time after the work is commenced for a period of 180_days.
The Director may extend the 180 day expiration lime limit on permits not to exceed two(2)
successive periods of 180 days each,upon NNritten request by the applicant showing that
circumstances beyond the control of the applicant have prevented action from being taken.
(b) A permit issued hereunder shall expire upon a change of ownership if the grading work thereon,for
which said permit was issued,has not been completed,and a new permit shall be required for the
completion of the work. If the time limitation of(a)of this section is not applicable,and if no changes
have been made to the plans and specifications last submitted to the Director,no charge shall be made
for the issuance of the new pert under such circumstances. If,however,changes have been made
to the plans and specifications last submitted to the Director,fees based on the valuation of the
additional work,additional yardage,and necessary plan checking shall be charged to the pert
applicant.
The Director may require that grading operations and project designs be modified if delays occur which
include weather related problems not considered at the time the permit was issued,and further subject to the
provisions of Section 17.05.170,"Denial of Permit,"of this Code. If the per ittee is unable to complete the
work by the end of a two(2)year period,the Director may renew the grading permit on an annual basis for a
fee of one-half the amount required for the original permit for such work,provided no changes have been
made in the original plans and specifications for such work.
17.05.170 Denial of permit.
(a) The Director shall not issue a permit in any case where it is found that the work as proposed by the
applicant is liable to constitute a hazard to property or result in the deposition of debris on any public
or private way or interfere with any existing drainage course. If it can be shown to the satisfaction of
the Director that the hazard can be essentially eliminated by the construction of retaining structures,
buttress fills,drainage devices or by other means,the Director may issue the permit with the condition
that such work be performed.
(b) If,in the opinion of the Director,the land areas for which grading is proposed is subject to geological
or flood hazard to the extent that no reasonable amount of corrective work can eliminate or
sufficiently reduce the hazard to human life or property,the Grading permit shall be denied.
(c) The Director may require plans and specifications to be modified in order to mitigate anticipated
adverse environmental effects of proposed grading projects. The Director may,under circumstances
where the significant adverse environmental effects of the proposed grading project cannot be
mitigated,deny the issuance of a grading perrmt.
(d) The Director may require plans and specifications to be modified in order to make them consistent
with the City of Huntington Beach General plan,Specific Plans,Zoning Code or other rules,
regulations,or conditions applicable to the project. The Grading Perot may be denied if the
proposed project cannot be designed in accordance with these rules,regulations,or conditions.
17.05.180 Time of grading operations. Grading operations shall not be conducted between the hours of
8:00 PM and 7:00 AM nor on Sundays and federal holidays. The Director may,however,permit grading or
equipment operations during specific hours after 8:00 PM or before 7:00 AM and on Sundays and federal
holidays if it is determined that such operations are not detrimental to the health,safety,or welfare of the
area residents. Permitted hours of operation may be shortened by the Director's finding of a previously
unforeseen effect on the health,safety,or welfare of the surrounding community. However,no permit that
has been issued,nor any provision of this section,shall be construed to be a waiver of the applicability of the
provisions set forth in Chapter 8.40 of the Huntington Beach Municipal Code relating to noise control.
12194
Huntington Beach Municipal Code 17.05.190--17.05.230 °
°
® 17.05.190 Responsibility of permittee. It shall be the responsibility of the permittee to be knowledgeable
of the conditions and restrictions of the Grading Permit as outlined in applicable sections of this Code,the
Grading manual,and as contained on the approved grading plans and in the approved soil and geology
reports. The permittee shall also be responsible to maintain,in an obvious and accessible location on the
site,a copy of the grading plans bearing the stamp of approval of the Director.
17.05.200 Protection of adioinin property. Each adjacent owner is entitled to the lateral and subjacent
support which his land receives from the adjoining land,subject to the right of the owner of the adjoining
land to make proper and usual excavations on the same for purposes of construction or improvements as
provided by law.
17.05.210 Import and export of earth materiaL Where an excess of 5,000 cubic yards of earth per
project site is moved on public roadways from or to the site of an earth grading operation,all the following
requirements shall apply.
(a) Either water or dust palliative or both must be applied for the alleviation or prevention of excessive
dust resulting from the loading or transportation of earth from,to,or within the project site on public
roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling
purposes in a condition free of dust,earth or debris attributed to the grading operation.
(b) Loading and transportation of earth from or to the site must be accomplished within the limitations
established in Section 17.05.180,"Tune of Grading Operations,"of this Grading Code.
(c) Access roads to the premises shall be only at points designated on the approved grading plan.
• (d) The last fifty(50)feet of the access road,as it approaches the intersection with the public roadway,
shall have a grade not exceed three percent(31/o)and be constructed of gravel or equivalent
material to prevent mud and debris from dropping from wheels onto street travel lanes.There must be
300 feet clear,unobstructed sight distance to the intersection from both the public roadway and the
access road. If the 300 feet sight distance cannot be obtained,flagmen shall be posted-
(e) A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the
entrance of the access road to the public roadway.
(f j An advance warning sign must be posted on the public roadway 400 feet on each side of the access
intersection,carrying the words"Truck Crossing." The sign shall be diamond shaped,each side
being thirty(30)inches in length,shall have a yellow background,and the letters thereon shall be five
(5)inches in height. The sign shall be placed six(6)feet from the edge of the pavement,and the base
of the sign shall be five(5)feet above the pavement level. The advance warning sign shall be
covered or removed when the access intersection is not in use. .
(g) If the grading project includes the movement of earth material to or from the site in an amount
considered substantial by the Director,the permittee shall submit the haul route for review and
approval by the Director. The Director may require,as a special condition of the grading permit
alternate routes or special requirements in consideration of the possible impact on the adjacent
community environment or effect on the public right-of-way.
17.05.220 Grading plan check fees. The applicant shall pay a plan check fee as established by resolution
of the City Council and as provided in the Grading Manual at the time an application for a grading permit is
made.
17.05.230 Grading permit fees. A fee for each grading permit shall be paid prior to issuance of a grading
pemut as established by resolution of the City Council and as provided in the Grading Manual.
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17.05.240-17.05.250(e) Huntington Beach Municipal Code
17.05.240 Cost recovery fees. If the city performs emergency work on private property,the property
owner shall be charged all direct and indirect costs which are necessary to complete the work to the
Director's satisfaction. In addition,the Director may charge a mobilization cost equal to ten percent(10%)
of the cost for performing the work
17.05.250 Security.
(a) A grading permit shall not be issued unless the permittee shall first post with the Director security in a
form and amount set forth in the Grading Manual. The security is required to assure that the work,if
not completed in accordance with approved plans and specifications,will be corrected to eliminate
hazardous conditions and/or correct conditions that pose a threat to environmental resources including
but not limited to a threat to water quality. This requirement may be waived at the discretion of the
Director if it is determined that: (3621-12/03)
(1) No hazardous situation is likely to occur as a result of incomplete or improper grading,and
(2) No adverse effect is likely to occur to subject property,adjacent property,or an existing or proposed
structure thereon as a result of incomplete or improper grading,and
(3) No significant drainage,erosion,flooding,or siltation problems will exist as a result of incomplete
or improper gradin&and
(4) No adverse geological or environmental impacts«ill occur as a result of incomplete or improper
grading,and
(5) No conditions of the.permit warrant a financial guarantee to assure their satisfactory completion
(b) Multiple Projects: On developments where progressive individual grading projects or several
concurrent projects are being constructed by one owner,a continuing(blanket)form of security which
will cover all such projects may be accepted and the amount determined by the Director.
(c) Additional Security Additional security in an amount determined by the Director may be required to
ensure the completion of finish grading under the permit as a condition of occupancy and energizing
utilities. Security in an amount determined by the Director may be required for permits involving
temporary earthen stockpiles to ensure their timely removal.
(d) Failure to Complete Work: In the event of failure to comply with all of the conditions and temis of the
permit,the Director may order the work authorized by the permit to be completed or put in a safe
condition. -
(e) Default in Performance of Conditions: Whenever the Director finds or detennines that a default has
occurred in the performance of any requirement of a condition of a permit,or there is a failure to
comply with an order issued pursuant to subdivision(d),written notice thereof shall be given to the
permittee and,when applicable,to the surety on the bond or other security. Such notice shall specify the
work to be done,the estimated cost thereof and the period of time deemed by the Director to be
reasonably necessary for the completion. After receipt of such notice,the peruttee and,if applicable,
surety,shall within the time specified,cause or require the work to be performed If the work is not
performed,the estimated cost of performing the work shall be demanded from the surety or,if there is
no surety,obtained from the security,and the Director shall cause such work to be performed and
completed. The cost of the work shall include a mobilization charge as specified in Section 17.05.240.
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Hunbngton Beach Municipal Code 17.05.260-17.05.310(D a
17.05.260 Cuts. Cut slopes shall be no steeper than two horizontal to one vertical(2:1)unless otherwise
recommended in the soil engineering or engineering geology report and approved by the Director. The slope of
cut surfaces shall be no steeper than is safe for the intended use.
17.05.270 Fills. Fill slopes shall be no steeper than two horizontal to one vertical(2:1)unless otherwise
recommended in the soil engineering or engineering geology report and approved by the Director. The slope of
fill surfaces shall be no steepen than is safe for the intended use.
17.05.280 Setbacks. Structures shall be set back from the tops and toes of slopes as specified in the Grading
Manual.
17.05.290 Drainage and terracing. Drainage facilities and terracing shall conform to the provisions of the
Grading Manual unless otherwise approved by the Director and delineated on the approved grading plan.
17.05.300 Asphalt concrete pavement
(a) Asphalt concrete pavement for surfacing of parking lots,private streets,or other similar uses shall conform
to the provisions of the Grading Manual unless otherwise approved by the Director.
(b) The site soil engineer or special inspector shall inspect the construction of asphalt paved areas and verify to
the Director that the work was performed in compliance with the provisions of this section.
17.05.310 Erosion control and water quality requirement systems.(3621-12/03)
(a) The faces of cut and fill slopes and the project site shall be prepared and.maintained to control against
erosion in accordance with this Code. Where cut slopes are not subject to erosion due to erosion-resistant
character of the materials,such protection may be omitted upon approval by the.Director.(3621-12m)
(b) Where necessary,temporary or permanent erosion control devices such as desilting basins,check dams,
riprap,or other devices or methods as approved by the Director,shall be employed to control erosion and
provide safety during the rain season,from October 1 to April 30. (3621-12/03)
(c) No grading work in excess of 200 cubic yards will be allowed between October 1 and April 30 on any
single grading site under permit unless an erosion control system has been approved or waived by the
Director.(3621-12/03)
(d) Paved streets,sidewalks,and other improvements shall be maintained in a neat and clean condition free of
loose soil,construction debris,and trash. Street sweeping or other equally effective means shall be used on
a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries.
Watering shall not be used to clean streets except for fine material not otherwise removed by sweeping or
other mechanical means.
(e) Unless otherwise approved by the Director,the owner shall be required to retain a civil engineer who will be
responsible for the design of all erosion control improvements and initial approval of the installation of
permanent and semi-permanent erosion control devices during each rainy season,until the work authorized
by the permit is given final approval. The owner shall retain the civil engineer to periodically review the
field condition and modify,as needed,the design of the permanent and semi-permanent erosion control
devices during the rainy season. Installation and maintenance of all erosion control devices shall be the
responsibility of the owner.
• (fl Desilting facilities shall be provided and maintained by the owner at drainage outlets from the graded site.
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17.05.310(g)-17.05.330(d) Huntington Beach Municipal Code
(g) Desilting basins shall be o prove a mmum designed tidini desilting capacity equal to the current City of
Huntington Beach standards.
(h) Desilting basins shall be constructed around the perimeter of projects whenever feasible when it provides
improved maintenance access from paved roads during wet weather. ,(3621-12/03)
(1) Equipment and workers for emergency work shall be made available at all times during the rainyseason.
Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid
construction of temporary devices when rain is imminent.(3621-12M)
(j) Erosion protection shall consist of effective planting of all slopes in excess of three(3)feet high unless
otherwise approved by the Director. Slopes exceeding five(5)feet in height may require an adequate
sprinkler system,as determined by the Director. Protection for slopes shall be installed as soon as
practicable. Effective planting shall be installed,fully germinated,and effectively cover the required slopes
prior to final approval,unless otherwise approved by the Director.(3621-12/03)
(k) Design or erosion control provisions shall consider drainage patters during present and future phases of
grading throughout the rain season.(3621-12103)
(1) All removable protective devices shown shall be in place at the end of each working day when the five(5)
day rain probability forecast exceeds forty percent(40%).(3621-1203)
(m)Graded areas around the project site perimeter shall drain away from the face of slopes at the conclusion of
each working day.(3621-12/03)
(n) In addition to the_requirements specified above;the pemmittee shall perform all work in accordance with the
water quality requirements. (3621-12/03).
(o) Any violation of an applicable federal or state-issued stonnv cater permit,or failure to conform to the City's
water quality requirements prepared pursuant to such a permit or pursuant to this Chapter or to the City's
Stormwater and Urban Runoff Management Ordinance Chapter 14.25 and current County of Orange
DAMP,or failure to comply with stormwater related provisions of a City issued grading permit or of a
grading plan prepared to secure such a permit,is also a violation of this Chapter. (3621-12/03)
17.05.320 Erosion control plans. Erosion control plans prepared by the engineer of record and in accordance
with provisions of the Grading Manual shall be submitted to the Director for approval by September 15 of each
year for projects under grading permit. The erosion control plan maybe waived for grading projects on single
residential lot projects providing that an erosion control system,meeting the approval of the Director,has been
installed,placed,planted,or constructed before October 1. (3621-12/03)
17.05330 Erosion control maintenance.
(a) After each rainstorm the owner shall ensure that silt and debris is removed from check berms and desilting
basins and that basins are pumped dry.
(b) After each rainstorm,the performance of the erosion control system shall be evaluated and repaired as
necessary.
(c) Devices shall not be moved or modified without the approval of the Director.
(d) The owner shall take necessary precautions to prevent public trespass onto areas where impounded water
creates a hazardous condition.
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Huntington Beach Municipal Code 17.05.330(e)-17.05.350(d)
•
(e) The owner shall be responsible for continual maintenance of the devices during the rain season. In the event
of failure or refusal by the owner to properly maintain the devices,the Director may cause emergency
maintenance work to be done to protect the adjacent private and public property. The cost shall be charged
to the owner and shall include an initial mobilization cost,and the cost of doing the work.
(f) In the event the Director must cause emergency maintenance work to be done,the Directormayrevoke
the grading pemut in writing. The grading pemut shall not be renewed until an erosion control system
and/or other systems necessary to comply with water quality requirements approved by the Director are
installed and a fee of one-half the amount required for the original grading permit paid by the owner. The
Director may waive installation of an erosion control system after April 30. (3621-12103)
(g) If any grading subject to Section 17.05.060,"Grading permits,"of this code is commenced on private
property without a valid grading perniit,the owner may be required to prepare and implement an erosion
control plan as well as other plans required under the water quality requirements which has been approved by
the Director. In the event of failure by the owner to install an approved erosion control system,and/or other
systems necessary to comply with water quality requirements,the Director may cause emergency work to be
done to protect adjacent private and public property. The procedures of Section 17.05.120,"Hazardous
condition,"of this Code,need not apply for emergency erosion control work between October 1 and April
30. The cost shall be charged to the owner in accordance with item(e)of this section.(3621-12103)
(h)All landscaping that is considered erosion control shall be continually maintained and shall be controlled by
an automatic time clock system. (3621-12/03)
17.05.340 Inspection authority. All grading operations for which a permit is required shall be subject to
inspection by the Director.
17.05350 Engineer of Record responsibility.
(a) It shall be the responsibility of the Civil Engineer of record who prepares the grading plan approved by the
Director,to incorporate all recommendations from the soil engineering and engineering geology reports into
the grading plan. The Engineer of Record shall be responsible for the professional inspection and approval
of the grading within his other area of technical specialty. This responsibility shall include,but need not be
limited to,inspection and approval line,grade,and drainage of the development area. The Engineer of
Record shall be responsible for the preparation or coordination of revised plans,erosion control plans,and
the submission of as-graded grading plans,when required by the Director upon completion of the work.
(3621-12 03)
(b) The Soil Engineer's area of responsibility shall include,but need not be limited to,the professional
inspection and approval conceming the preparation of ground to receive fills,testing for required
compaction,stability of finish slopes,design of buttress fills,subdrain installation,and incorporation of
data supplied by the Engineering Geologist
(c) The Engineering Geologist's area of responsibility shall include,but need not be limited to,professional
inspection and written approval of the adequacy of natural ground for receiving fills,the stability of cut
slopes with respect to geological matters,and the need for subdrains or other ground water drainage devices.
The Engineering Geologist shall report findings to the soil Engineer and the Civil Engineer for engineering
analysis.
(d) The Director may inspect the project at various stages of work requiring approval to determine that adequate
• control is being exercised by the responsible professionals.
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17.05.360-17.05.410 Huntington Beach Municipal Code
17.05.360 Notification of non-compliance. If,in the course of filfilling their responsibility under this Code,
the Civil Engineer,the Soil Engineer,the Engineering Geologist,or the Testing Agency finds that the work is
not being done in conformance with the provisions of the approved specifications and grading plans,the
discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the
Director. Recommendations for corrective measures,if necessary,shall be submitted to the owner. The owner
shall submit two(2)copies of all recommendations and reports to the Director.
17.05370 Transfer of responsibility for approval. If the Civil Engineer,the Soil Engineer,the Engineering
Geologist;the Testing Agency,or the Grading contractor or Record are changed during the course of the work,
the work shall be stopped unless:
(1) the owner submits a letter of notification to the Director verifying the change of the responsible
professional;and
(2) the new responsible professional submits in writing to the Director that he or she has reviewed all prior
reports and plans(specified by date and title)and work performed by the prior responsible professional and
that he or she concurs with the findings,conclusions,and recommendations,and is satisfied with the work
performed.
17.05380 Site inspection by the City Inspector.
(a) Prior to the approval of any building or grading plans and specifications,the city Inspector may inspect the
site to determine that the plans and specifications are current and reflect existing conditions.
(b) The contractor.or agent shall notify the City Inspector and Fire Department i f during the course of grading
operations,contaminated soil is uncovered.,(3621-12/03j •
(c) The permittee or agent shall notify the city Inspector when the'grading operations for which inspection is
required are ready for inspection.
(d) If the Inspector finds the soil or other conditions not as stated in the approved plans and soil or geology
reports,or as in additional information which was required for issuance of the grading permit,the Inspector
may refuse to allow further work until approval is obtained for a revised grading plan which will conform to
the conditions.
(e) The provisions of section 104.2.4,Stop Orders,of the California Building Code,shall apply to all grading
work,and whenever the City Inspector determines that any work does not comply with the terms of a
permit,or this Code,or that the soil or other conditions are not as stated on the permit the Inspector may
order the work stopped by notice in writing served on any persons engaged in doing or causing of such
work to be done and any such persons shall forthwith stop such work until authorized by the City Inspector
to proceed with the work:(3621-12/03)
17.05390 Special inspections. The Director may establish special inspection requirements in accordance with
Section 1701,Special Inspections of the California Building Code,as amended for special cases involving
grading or paving related operations. Special cases may apply to work,where in the opinion of the Director,it is
necessary to supplement the sources or expertise available for inspection. (3621-12/03)
17.05..400 Final reports. Upon completion of the rough grading work and at the final completion of the work,
the Director may require the written approvals,reports,drawings,and supplements thereto specified in the
Grading Manual.
17.05.410 Notification of completion. The permittee or agent shall notify the City Inspector when the grading •
operation is ready for final inspection. All work,including installation of all drainage facilities and
their protective devices and all erosion control measures,must be completed in accordance with the
final approved grading plan and the required reports approved by the Director before final approval
of the grading permit may be given by the City Inspector.
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Huntington Beach Municipal Code 17.65.010-17.65.030(a)
Chapter 17.65
FAIR SHARE TRAFFIC IMPACT FEE
(3048-9/90;3477-11/00,3617-1.0/03)
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 anew development project.
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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 iri the
fair share implementation resolution authorized pursuant to Section 17.65.050, and used to
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 S
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(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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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 fora 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 ofthe
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
11/00
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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) AjRpeal. 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.
11 ioo
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• Huntington Beach Municipal Code 17.65.100--17.65.100(d)
17.65.100 Fee Credits for Construction of Citvwide 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
O 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 detemunes 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
»i00
!
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 followmR.
(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.
11100
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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
Within 180 days after the last day of each fiscal year,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. (3617-10/03)
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."
10103
S"
Huntington Beach Municipal Code 2.05.010-2.05.020(d)(3)
CHAPTER 2.05
GIFTS TO PUBLIC OFFICIALS
(3246-9/94,3303-12/95)
Sections:
2.05.010 Purpose; Meaning of Terms; Interpretation; Citation.
2.05.020 Definitions
2.05.030 Prohibitions
2.05.040 Violations and Enforcement
2.05.010 Purpose; meaning of terms; interpretation; citation. The City Council finds that the
receipt of gifts by public officials from persons who do business with the City erodes public
confidence in the impartiality of decisions made by those officials. The purpose of this Ordinance
is to prohibit the donation and receipt of specified gifts, thereby eliminating, to the extent possible;
such loss of confidence. (3246-9/94)
Unless otherwise expressly defined, the terms used in this Ordinance shall have the same meaning
as defined in the California Political Reform Act (California Government Code§81000 et seq.)
and regulations issued by the Fair Political Practices Commission pursuant to the authority of the
Political Reform Act, as the Act and regulations shall be, from time to time, amended. (3246-9/94)
This Chapter shall be known as, and may be cited as, the"Huntington Beach Gift Ban
Ordinance." (3246-9/94)
2.05.020 Definitions. For the purposes of this Chapter:
(a) "City" means the City of Huntington Beach. (3246-9/94)
t
(b) "City Officer" means every person who is elected or appointed to an office in the city which is
specified in § 87200 of the California Government Code. (3246-9/94)
(c) "Designated employee" means every employee of the City who is designated in the City's
Conflict of Interest Code to file a statement of economic interests and every member of a
board, commission, or committee, under the jurisdiction of the City Council required to file
such a statement. (3246-9/94)
.(d) "Doing business with the City" means: (3246.9/94)
(1) seeking the award of a contract or grant from the City, or (3246-9/94)
(2) having sought the award of a contract or grant from the City in the past 12 months, or
(3246-9/94)
(3) Being engaged as a lobbyist or lobbyist firm, as defined in this Section, from the time of
such engagement until 12 months after the award of the contract, grant, license, permit, or
other entitlement for use, which was the subject of the engagement, or (3246-9/94)
12/95
2.05.020(d)(4)-2.05.020(e) Huntington Beach Municipal Code
(4) having an existing contractual relationship with the City, until 12 months after the
contractual obligations of all parties have been completed, or (3246-9/94)
(5) seeking, actively supporting, or actively opposing the issuance, by the City, of a license,
permit, or other entitlement for use, or having done any of these things within the past 12
months. (3246-9/94)
(e) "Gift" shall have the meaning it is defined to have in the California Political Reform Act, and
the regulations issued pursuant to that Act which reads as follows: (3246-9/94)
"§ 82028. Gift (3246-9/94)
(a) "Gift" means, except as provided in subdivision(b), any payment to the extent that
consideration of equal or greater value is not received and includes a rebate or
discount in the price of anything of value unless the rebate or discount is made in the
regular course of business as to members of the public without regard to official
status. Any person, other than a defendant in a criminal action,who claims that a
payment is not a gift by reason of receipt of consideration has the burden of proving
that the consideration received is of equal or greater value. (32465,9194)
(b) The term"gift" does not include: (3246-9/94)
(1) Informational material such as books, reports, pamphlets, calendars, or periodicals.
No payment for travel or reimbursement for any expenses shall be deemed
"informational material." (324s--9/94
(2) Gifts which are not used and which, within thirty(30) days after receipt, are
returned to the donor or delivered to a contribution for tax purposes. (3246-9/94)
(3) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or
first cousin or the spouse of any such person; provided that a gift from any such
person shall be considered a gift if the donor is acting as an agent or intermediary
for any person not covered by this paragraph. (3246-9/94)
(4) Campaign-contribution required to be reported under Chapter 4 of this title.
(3246-9/94)
(5) Any devise or inheritance. (3246-9/94)
(6) Personalized plaques and trophies with an individual value of less than two
hundred fifty dollars ($250). (3246-9/94)
The following items shall be deemed to be additional exceptions to the definition of
"Gift": (3246-9/94)
12/95
Huntington Beach Municipal Code 2.05.020(e)(1)--2.05.020(g)(1)
(1) Food, beverages, and free admission at any event sponsored by, or for the benefit
of, a bona fide educational, academic, or charitable organization, and
commemorative gifts from such organizations with a cumulative value of one -
hundred dollars($100.00) or less from any single source during any twelve(12)
months period. (3246-9/94)
(2) Food,beverages, and free'admission provided by a governmental agency at'
ceremonial functions commemorating the opening or naming of a public facility.
(3246-9/94)
(3) Any food or beverages with a cumulative value of fifty dollars ($50.00) from any
single source within a twelve(12) month period. (3246-9/94)
(4) Flowers, plants, balloons or similar tokens which are given to express condolences,
congratulations, or sympathy for ill health, or to commemorate a special event or
occasion, provided that gifts made or received under this exemption shall not
exceed a value of fifty dollars ($50.00) from any single source in any calendar year.
(3246-9/94)
(5) A prize awarded on the basis of chance in a bona fide competition not related to
the official status of the public official. (3246-9/94)
(6) Gifts from any agency of a foreign sovereign nation, provided that such gifts are
unconditionally donated by the public official to the.City within forty-five (45) days
of receipt, and the public official does not claim any tax deduction by virtue of
such donation. (3246-9/94)
(7) Food, beverages, lodging and transportation expenses provided by any
governmental or quasi-governmental entity, or by any public entity, in conjunction
with any event sponsored by that entity or agency, the purpose of which is to
educate or provide information related to the functions, needs, purposes or
operation of that entity or local government. (3303-12/95)
M "Lobbyist" shall mean any individual, including an attorney, who is employed or contracts
for consideration, other than reimbursement of reasonable travel expenses, to
communicate directly with any City officer or staff member of a City Council member for
the purpose of seeking, actively supporting, or actively opposing the award of a contract,
or grant from the City, or the issuance,by the City of a license, permit, or other
entitlement for use. An attorney shall not be considered a lobbyist when performing
activities which can only be performed by a person admitted to the practice of law.
(3246-9/94)
(g) "Lobbyist firm" shall mean
(1) any business entity, which is employed or contracts for consideration, other than
reimbursement of travel expenses, to communicate directly with a City officer or staff
member of a City Council member for the purpose of seeking, actively supporting or
actively opposing the award of a contract or grant from the City, or the issuance, by the
City, of a license, permit, or other entitlement for use, or (3246-9/94)
12/95
2.05.020(g)(2)-2.05.040(d) Huntington Beach Municipal Code
(2) any business entity of which any member or employee is a lobbyist. (3246-9/94)
(h) "Principal" shall mean any individual or business entity which employs or contracts with a
lobbyist or lobbyist firm for any of the purposes stated in Subsections (f)or(g) above.
(3246-9/94)
(i) An individual or business entity shall be deemed to be"lobbying" a City officer or staff
member of a City Council member if it is reasonably foreseeable that in the course of
employment or in the course of performing the contract the individual or an employee of the
entity will have a telephone conversation or a discussion with any City officer or staff member
of a City Council member, outside of a meeting governed by the Ralph M. Brown Act (which
is codified in the California Government Code commencing with § 54950), for the purpose of
seeking, actively supporting, or actively opposing the award of a contract or grant from the
City, or the issuance, by the City, of a license, permit, or other entitlement for use. (3246-9/94)
(j) An individual lobbyist who is an officer, partner or employee of his or her principal shall be
deemed to be"engaged" within the meaning of this Section on the first occasion on which he
or she engages in a:telephone conversation or discussion described in Subsection (i). A
lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her
principal shall be deemed to be"engaged" within the meeting of this Section upon the
completion of an agreement, oral or written, to provide the services specified in Subsection (f)
or (g). (3246-9/94)
(k) "Public official" means every.City officer and'every designated employee. (3246-9/94) i
2.05.030 Prohibitions. (3246-9/94)
(a) Gifts to city officer. No person who is doing business with the City shall make any gift to any
City officer.
(b) Gifts to designated employees. No person who is doing business with the City shall make any
gift to any designated employee, who, by virtue of his City employment, could make a
governmental decision, participate in making a governmental decision, or use his or her
official position to influence a governmental decision regarding the pending business of the
donor, or who has done any of the above during the twelve (12) months preceding the
donation. (3246-9/94)
(c) Solicitation or acceptance of gifts by city officer. No City officer shall solicit or accept any
gift from any person whom he knows, or has reason to know, is doing business with the City.
(3246-9/94)
(d) Solicitation or acceptance of gifts by designated employee. No designated employee shall
solicit or accept any gift from any person whom he knows, or has reason to know, is doing
business with the City, when such employee by virtue of his City employment, could make a
governmental decision, participate in making a governmental decision, or use his or her
official position to influence a governmental decision regarding the pending business of the
donor, or has done any of the above during the twelve(12) months preceding the donation.
(3246-9/94)
12195
Huntington Beach Municipal Code 2.05.030(e)-2.05.040(c)
(e) Gifts from unknown sources. No public official shall accept any gift when the identity of the
Odonor is not known to the public official. (3246-9/94)
(f) Honoraria. No public official shall accept any honorarium from any person doing business
with the City. (3246-9/94)
2.05.040 Violations and enforcement. (3246-9/94)
(a) Any designated employee who violates Section 2.05.030 shall be subject to discipline for such
violation, including, in appropriate cases, termination of employment. (3246-9/94)
(b) Any member of any City board, commission, or committee who violates Section 2.05.030
shall be subject to removal from office. (3246-9/94)
(c) Any city officer who violates Section 2.05.030 shall be guilty of a misdemeanor, and any
person who violates Section 2.05.030(a) or Section 2.05.030(b) shall be guilty of a
misdemeanor. (3246-9/94)
12195
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, .
3118-7/91,3162-9/92,3390-5/98)
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
41 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. (1598-10l70,
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. (1598-10170,3096-4/91)
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)
336.040 Telephone tax--Intrastate use. Notwithstanding the provisions of Section 3',36.020,
the Itax 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.
(1598-1 ono)
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. (1598-10170)
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. (1598-10170)
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. (1598-10170)
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. (1598-10170,2933-8/88)
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. (1598-10no)
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(o Huntington Beach Municipal Code
3.36.160 Reporting and Remittiniz. (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,
3390-5198)
(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. (339075/98)
336.17 Deli h c not With
0 nquent when. Taxes collected from a service user Which i h are o filed the
Tax Administrator on or before the due dates provided in this chapter are delinquent. (1598-10/70,
2211-8n7)
336.180 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+58
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. (1598-10n0,2211-8177,3390-5/98)
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. (1598-1ono,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. (1598-10/70,2211-8R7, 3390-5/98)
3.36.220 Failure to pay—Administrativeremedy. 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. (1598-10n0,3390-5/98)
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. (1598-10R0,
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)
(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. (3390-5198)
(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. (3390-5198)
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 bythe 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
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.
(1598-10RO)
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 Title 5 Index-5.04.010(b)
Title 5
BUSINESS LIC9NSES AND REGULATIONS S
Chapters:
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 (Repealed, Ord.No. 3560—7/02)
5.41 (Repealed, Ord.No. 3560—7/02)
5.44 Restaurants--Amusement and Entertainment Premises
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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.71 Escort Service
5.72 Fortunetelling
5.74 Harmful Matter
Chapter 5.04
GENERAL PROVISIONS
(766-7/60,838-6/61,904-6/62,1461-2/69,1924-7l74,1935-11/74,2594-2/83,2679-3/84)
Sections:
5.04.010 Definitions.
5.04.020 Purpose.
5.04.030 Effect on other ordinances:
5.04.040 Effect on past actions and obligations.
5.04.050 Prohibited occupations.
5.04.060 Permit from council required for certain businesses.
5.04.070 Permit--Petition.
5.04.080 Investigation fees.
5.04.090 License not a permit.
5.04.010 Definitions.
(a) "Amusement machine" shall mean any mechanical or electronic game, equipment,machine
or device which is played or operated for amusement or entertainment,wherein a sum of
money is charged or collected for the operation of such machine or device by means of a coin
slot or otherwise.
(b) "Apartment house," as used in this chapter includes any building, or portion thereof,which is
designed, built,rented, leased, let or hired out to be occupied, or which is occupied as the
7/02
D
5.04.010(b)-5.04.010(h) Huntington Beach Municipal Code
home or residence of two or more families living independently of each other, in which
building or portion thereof;kitchen or cooking facilities are incorporated,whether or not the
occupants do their cooking in said building, and shall include flats and apartments. This
section shall not apply where the building or portion thereof mentioned above consists of two
units on a single lot as long as one of such units is owner occupied.
(c) "Average number:of employees," as used in this chapter, includes the total number>of
employees in the managing, operating,transacting and carrying on of any.business in the city.
The average number of employees for any business having a fixed location in the city means
the average number of persons employed daily for the twelve-month period ending on
December 31 next preceding the date of license application and shall be determined by
ascertaining the total number of hours of service performed by all employees during such
year, and dividing the total number of hours of service thus obtained by the number of hours
of service constituting a day's work, according to the custom or laws governing such
employments, and by again dividing the sum thus obtained by the number of business days in
such year. Provided, further, that the average number of employees for any business not
having a fixed location in the city means the number of persons employed daily for the period
during which the applicant for a license conducts such business, and shall be determined by
ascertaining the total number of hours of service performed by all employees during the three
(3) days, or less, on which the greatest number of persons is employed, and dividing the total
number of hours of service thus obtained by the number of hours of service constituting a
day's work, according to the custom or laws governing such employments, and again dividing
the sum thus obtained by the number of business days upon which the total hours of service is
based.
(d) "Bulk-vending machine," as used in this chapter, means a nonelectrically-operated vending
machine, containing unsorted confections, nuts or merchandise which,upon insertion of a
coin or coins, dispenses same in.equal portions, at random and without selection by the
customer, excluding "vending machines."
(e) "Business," as used in this chapter, includes professions, trades, and occupations and all and
every kind of calling whether or not carried on for profit.
(f) "General building contractor," as used in this chapter, means a contractor whose principal
contracting business is in connection with any structure built,being built or to be built, for
the support, shelter and enclosure of persons, animals, chattels or movable property of any
kind,requiring in its construction the use of more than two (2) unrelated building trades or
crafts or to do or superintend the whole or any part thereof.
(g) "General engineering contractor," as used in this chapter, means a contractor whose principal
contracting business is in connection with fixed works requiring specialized engineering
knowledge and skill,including the following divisions or subjects: irrigation,drainage;water
power,water supply,flood control, inland waterways,harbors,docks and wharves, shipyards
and ports, levees,river control and reclamation works, railroads, highways, streets and roads,
tunnels,sewers and sewage disposal plants and systems,pipelines and other systems for the
transmission of petroleum and other liquid or gaseous substances,parks,playgrounds and
other recreational works, refineries, chemical plants and similar industrial plants requiring
specialized engineering knowledge and skill,powerhouses,power plants and other utility
plants and installations, land leveling and earthmoving projects, excavating, grading,
trenching,paving and surfacing work and cement and concrete works in connection with the
abovementioned fixed works.
(h) Home occupations. Licenses maybe issued for various forms of home occupations to those
persons who have satisfactorily made application for and have successfully obtained a
variance.
1/01
Huntington Beach Municipal Code 5.04.010(i)-5.04.010(o)
a (i) "Hotel, motel or rooming house," as used in this chapter, includes any lodging house,motel,
hotel, rooming house,bungalow court, auto court or public or private club containing more
than three guest rooms or units, and which is occupied or is intended or designed for
occupancy by more than three (3) guests, whether rent is paid in money, goods, labor,
services or otherwise and which is maintained, advertised or held out to the public as a place
where sleeping or rooming accommodations are furnished to the whole or any part of the
.public whether with or without meals.
(j) "Individual," as used in this chapter,means every person, owner and/or employee actively
engaged in any business in the city of Huntington Beach.
(k) "Peddler," as used in this chapter,means and includes any person not having a fixed place of
business in this city,who for himself, or as agent or representative for or of another, goes
from house to house, and place to place, or at or along the streets of this city offering to sell
tangible objects or articles, goods,wares,merchandise or services,who delivers such object,
article, goods,wares,merchandise or service, in person, to the individual placing the order
for the same, at the time such order is placed and paid for.
(1) "Person," as used in this chapter,includes all domestic and foreign corporations, associations,
syndicates,joint stock corporations,partnerships of every kind, clubs, Massachusetts
business, or common law trusts, societies and individuals transacting and carrying on any
business in the city other than as an employee.
(m)"Solicitors and canvassers," as used in this chapter,means and includes any individual not
having a fixed place of business within the city who.for himself or as agent or representative
for or of another,in person or bytelephone or by any other means of communication is
engaged in the business of going from house to house and place to place or at or along the
streets of this city, offering to sell intangibles, such as bonds or stock or oil or mining shares
or units, or soliciting or taking orders for future delivery of articles, goods,wares or
merchandise, services or subscriptions inclusive of newspapers, magazines, periodicals,
books and all other publications, and whether collecting advance payments or not, and
inclusive of all persons who thus go from place to place, and from house to house within the
city, in any like or analogous activities, and inclusive of any and all such persons who may or
may not engage in any actual or purported interstate commerce. The terms "solicitor" and
"canvasser" shall not apply to commercial salesmen, agents and the like who sell or take
orders for the sale of wholesale goods to persons maintaining a fixed place of business in this
city who are licensed as prescribed by this title.
(n) "Specialty contractor," as used in this chapter, also means a subcontractor and is a contractor
whose operations as such are the performance of construction or other work requiring special
`skill.and whose principal contracting business involves the use of specialized building_trades
or crafts or other specialized techniques and who is not classified as a general engineering or
general building contractor by the Department of Professional and Vocational Standards of
the State of California, and those various categories of contractors who are not required to be
and who are not licensed as "contractors"by the aforementioned department. The
classification assigned to contractors by the State of California will be used in determining
the fee for issue of license by this city. A license as a specialty or subcontractor will not be
issued to a person classified by the state as a general or engineering contractor unless such
contractor holds a valid subor specialty contractor classification license in addition to his
general or engineering license.
(o) "Vending machine," as used in this chapter,means any weighing, service, merchandise, food
or drink-dispensing machine, or device wherein a sum of money is charged or collected for
the operation of such machine or device by means of a coin slot or otherwise, excluding
"bulk-vending machines." (766-7/60,838-6/61,904-6/62, 1461-2/69,1924-7/74, 1935-11/74,2594-2/83,
2679-3/84)
8190
5.04.020-5.04.090 Huntington Beach Municipal Code •
5.04.020 Purpose. The ordinance codified herein is enacted solely to raise revenue for
municipal purposes, and is not intended for regulation. (766-7/60)
5.04.030 Effect on other ordinances. Persons required to pay a license tax for transacting and
carrying on any business under this title shall.not be relieved.from the payment of any license tax
for the privilege of doing such business required under any.other ordinance of the City.of
Huntington Beach, and shall remain subject to the regulatory provisions of other ordinances.
(766-7/60)
5.04.040 Effect on past actions and obligations. Neither the adoption of the ordinance
codified herein nor its superseding of any portion of any other ordinance of the city shall in any
manner be construed to affect prosecution for violation of any other ordinance committed prior to
the effective date hereof,nor be construed as a waiver of any license or any penal provision
applicable to any such violation, nor be construed to affect the validity of any bond or cash
deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations
thereunto appertaining shall continue in full force and effect. (76&7/60)
5.04.050 Prohibited occupations. Nothing in this title shall be construed to permit the conduct
of any trade,business or occupation which is prohibited by an applicable federal, state or
municipal ordinance or regulation, or which has been declared illegal or to constitute a nuisance
by any governmental or municipal authority. (852-&61)
5.04.060 Permit from Council required for certain businesses. No license shall be issued for
the conduct of any business which, in the opinion of the City Clerk or his deputies,would be
detrimental to the public health, safety,welfare or moral standards of the City until a'permit shall •
have first been obtained from the City Council. (8.38-6i61)
5.04.070 Permit-Petition. Whenever any person,persons, firm, copartnership or corporation
desires to open or keep any business for which, in the opinion of the City Clerk or his deputies,
would require a permit from the City Council,he, she, they or it shall petition the City Council
for such permit in writing. The petition shall set forth the name of the applicant, the character of
the business,the location of the premises where the business is to be conducted, if a firm or
corporation, the names and addresses of all the officers and parties financially interested in the
business, a statement indicating whether or not alcoholic beverages are to be sold on the
premises, and list any and all games and amusement machines and devices to be operated on the
premises. On the hearing of said petition, the council may grant the permit in whole or in part,
may grant a conditional permit, may prescribe insurance or bond requirements or may reject the
petition; and no license shall be issued thereon except as ordered by the council. (83"/61)
5.04.080 Investigation fees. Investigation fees maybe levied against business applicants, firms,
persons or subsequent employees,when so designated by the City Administrator and City_
Council. Said fees shall be reasonable and based on.standards set by the City Administrator and
shall be payable to the City Clerk prior to the police investigation. Fees are not refundable.
(1171-1/66)
5.04.090 License not a permit. The business licenses issued pursuant to the provisions of this
title constitute a receipt for the license fee paid and shall have no other legal effect. A business
license is a requirement,not a permit to conduct, manage or carry on any business activity within
this city. (838-6/61)
8/90
Huntington Beach Municipal Code 5.08.010-5.08.030 0
Chapter 5.08
S
LICENSING PROCEDURES
(76-7/60, 327-4/29, 372-3/34, 838-6/61, 904-6/62, 1605-10/70) `
Sections:
5.08.010 License Required -
5.08.020 Conflict with other provisions--License exemption
5.08.030 Conflict with other provisions--Tax payment
5.08.040 Fee payment--Average number of employees
5.08.050 License--Term
5.08.060 Additional sums due before renewal
5.08.070 Fee payment--When ceasing business
5.08.080 Fee payment--Due when
5.08.090 Nontransferable--Amended or changed location
5.08.100 Delinquent payment--Penalty
5.08.110 Delinquent payment--Bars further license
5.08.120 Bonds--Required when
5.08.130 Bonds--Form
5.08.140 Separate license--Branch establishments
5.08.150 Unexpired prior to ordinance
5.08.160 Replacement--Fees
5.08.170 Posting and keeping
5.08.180 Application--Contents
5.08.190 License--Contents
5.08.200 Error by clerk--Correct amount due
5.08.210 Affidavit--Statement of average number of employees
5.08.220 Statements not conclusive determination
5.08.230 Failure to file statement
5.08.240 Appeal
5.08.250 Additional power of Clerk
5.08.260 Deposit of fees into general fund
5.08.010 License--Required. There are imposed upon the businesses, trades, professions,
callings and occupations specified in'this.title license taxes in the amounts hereinafter prescribed.
It shall be unlawful for any person to transact and carryon any business, trade, profession, calling
or occupation in the city without first having procured a license from the city so to do or without
complying with any and all applicable provisions of this title. (327-429, 766-7/60)
5.08.020 Conflict with other provisions--License exemption. This section shall not be
construed to require any person to obtain a license prior to doing business within the city if such
requirement conflicts with applicable statutes of the United States or the State of California.
(327-4/29, 766-7/60)
5.08.030 Conflict with other provisions--Tax payment. Persons not required to obtain a
license prior to doing business within the city because of conflict with applicable statutes of the
United States or of the State of California shall be liable for payment of the tax imposed by this
title. (327-4/29, 766-7/60)
10/70
5.08.040-5.08.100 Huntington Beach Municipal Code
5.08.040 Fee payment--Average number of employees. In the case of an original application
for license under the average number of employees classification, where the applicant intends to
conduct his or her business from a fixed place of business in this city, the entire minimum fee shall
be due and payable following final approval of application for license, but prior to issue of license
l - _ applied for. ,-Those who make application for license under this classification but who do not
maintain a fixed place of business in this city, shall pay the entire minimum fee at the time the
application for license is made. If such business, however, is commenced after the beginning of
the licensing period covered by such license, then the licensee upon filing his statement of average
number of employees at the end of the licensing period, shall pay a license fee in accordance with
schedule of average number of employees and may credit the minimum license fee 1 :id on original
application toward the fee required in classification schedule for average number of employees.
(766-7/60, 904-6/62, 1605-10/70)
5.08.050 License--Term. The fees for all licenses, whether under flat rate (annual) status or
classifications A, B, C, and D, shall be payable in advance, and such license shall cover the period
of one year from the first day of the month in which said license is issued. (766-7/60, 904-6/62,
1605-10/70)
5.08.060 Additional sums due before renewal. The statement required under Section 5.08.210
shall be submitted on all business licenses based upon average number of employees on or before
thirty (30) days following the end of the year applicable to such business as set forth, and any
additional sums payable by reason of such statement shall accompany the return of statement. No
renewal license shall be issued until the full amount due and payable by,reason of the statement
and return for the previous year has been paid in full. (766-7/60, 904-6/62, 1605-10170)
5.08.070 Fee payment--When ceasing business. In the event that a business licensed under the
average number of employees classification shall cease operation before the end of the license
period, then the statement required by Section 5.08.210 shall be submitted on or before thirty(30)
days following the cessation of business. Any additional sums payable by reason of such
statement shall accompany such statement. In no event shall any portion of the minimum fee be
refundable in the event a business shall cease operation. (766-7160, 904-6/62, 1605-10/70)
5.08.080 Fee payment--When due. The minimum license fee payable under the average
number of employees classification shall be due and payable in the case of an original license
before the license is issued,and in the case of a renewal license, shall accompany the statement
required by Section 5.08.210 for the prior year and application for renewal. (766-7/60, 904-6/62,
1605-10/70) ,
5.08.090 Nontransferable--Amended for changed location. No license issued pursuant to this
title shall be transferable; provided, that where a license issued authorizing a person to transact
and carry on a business at a particular place, such licensee may upon application therefor and
paying a fee of$3.75 have the license amended to authorize the transacting and carrying on of
such business under said license at some other location to which the business is or is to be moved.
(766-7/60, 838-6/61, 1605-10/70)
5.08.100 Delinquent payment--Penalty. For failure to pay a license tax when due, the City
Clerk shall add a penalty of ten percent (10%) of the license tax on the last day of each month
after the due date thereof, providing that the amount of such penalty to be added shall in no event
exceed 100% of the amount of the license tax due. (766-7/60)
10/70
Huntington Beach Municipal Code 5.08.110-5.08.170(a)
• 5.08.110 Delinquent payment--Bars further license. No license shall knowingly be issued to
any person who, at the time of making application for any license, is indebted to the city for any
prior unpaid license fee. (372-3/34, 838-6/61)
5.08.120 Bonds--Required when. Where, by the terms of this title, a bond is required to be
furnished by any person accruing or'applying for a.license, such person shall,before the issuance
to him of such license; deliver to the city"Clerk a bond, executed by any reliable surety company
or by two (2) personal sureties, each of whom is the owner of property within the city, of the
value of twice the amount of the penal sum of the bond. (327-4/29, 766-7160)
5.08.130 Bond--Form. The conditions of the bond shall be stated in substantially the following
language:
"Of the said , the bounden principal shall comply with all the laws and ordinances
pertaining to said business, and shall indemnify and save harmless the City of Huntington Beach
and any person or persons who may be injured or caused financial loss through any failure on the
part of said licensee to comply with said laws, or because of any misconduct on the part of said
licensee in carrying on said business, then this obligation shall be void, otherwise it shall remain in
full force and effect, and this bond shall inure to the benefit of the City of Huntington Beach and
to any person or persons and to all employees of said licensee; and the said city and any of said
abovementioned persons may maintain an action on this bond directly in its, his, her or their name
or names, and this bond may be recovered..against more than one (1) and until the full penalty
thereof shall be exhausted." (327-4/29, 766-7/60)
5.08.140 Separate license--Branch establishments. A separate license must be obtained for
each branch establishment or location of the business transacted and carried on and for each
separate type of business at the same location, and each license shall authorize the licensee to
transact and carry on only the business licensed thereby at the location or in the manner
designated in such license; provided that warehouses and distributing plants used in connection
with and incidental to a business licensed under the provisions of this title shall not be deemed to
be separate places of business or branch establishments. (766-7/60)
5.08.150 Unexpired prior to ordinance. Where a license for revenue purposes has been issued
to any business by the city and the tax paid therefore under the provisions of any ordinance
heretofore enacted.and the term of such license has not expired;then the,license tax prescribed for
the business by thistitle shall not be payable until the expiration of the term of such unexpired
license. (766-7/60)
5.08.160 Replacement--Fees. A duplicate license, license decal or license plate may be issued
by the City Clerk to replace any license, license decal or license plate previously issued hereunder
which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of
filing such statement, paying the City Clerk a fee of$1.50. (766-7/60, 838-6/61, 1605-10/70)
5.08.170 Posting and keeping. All licenses must be kept and posted in the following manner:
(a) Any licensee transacting or carrying on business at a fixed place of business in the city shall
keep the license posted in a conspicuous place upon the premises where such business is
10/70
5.08.170(a)--5.08.200 Huntington Beach Municipal Code
carried on and have in or upon the licensee's business vehicles the license decals or license
plates issued for such vehicle.
(b) Any licensee transacting and carrying on business but not operating at a fixed place of
business in the city shall keep the license.upon his person at all.times while transacting and
carrying on such business and have in or.upon each of the licensee's business vehicles, at the
time of operation in this city, the license decal or license plate issued for such vehicles.
(766-7/60, 838-6161)
5.08.180 Application--Contents. Before any license is issued to any person, unless otherwise
provided in this title, a written application by the applicant shall be made to the City Clerk, upon a
form to be secured from the City Clerk, and which application shall contain the following
information:
(a) The exact nature or kind of business, profession, show, exhibition, game, occupation or
enterprise for which the license is requested;
(b) The place where such business, profession, show, exhibition, game, occupation or enterprise is
to be carried on, and if the same is not to be carried on at any permanent place of business, the
places of residence of the owners of the same;
(c) Any further information which the City Clerk may require to enable him to issue the type of
license applied for;
(d) In the event that application is made for the issuance of a license to a person doing business
under a fictitious name, the application shall set forth the names and place of residence of
those owning the business, profession, show, exhibition, game, occupation or enterprise.
(766-7/60)
5.08.190 License--Contents. All licenses, unless otherwise provided in this code, shall be
prepared and issued by the City Clerk upon payment to the City Collector the sum required to be
paid hereunder. Each license so issued shall state upon the face thereof the following:
(a) The persons to whom the same is issued.
(b) The kind of business, profession, shows, exhibition, game, occupation, or enterprise licensed,
and the location of the same:
(c) The amount paid therefor.
(d) The date of expiration of such license. (766-7/60)
5.08.200 Error by Clerk--Correct amount due. In no case shall any mistake of the City Clerk
in stating the amount of a license prevent or prejudice the collection by the city of what should be
actually due from any person carrying on any business, profession, show, exhibition, game,
occupation or enterprise subject to a license under the provisions of this title. (766-7/60)
10/70
Huntington Beach Municipal Code 5.08.210-5.08.230(b)
5.08.210 Affidavit--Statement of average number of employees. In all cases where the
_ license is based upon the average number of employees, the licensee shall submit to the City Clerk
for guidance in ascertaining the amount of the license tax to be paid by the licensee, a written
statement upon a form to be provided by the City Clerk, written under penalty of perjury, or
sworn to before a person authorized to administer oaths, setting forth such information
concerning the licensee's business during the preceding year as may be required by the City Clerk
to be able to ascertain the amount of the license tax to be paid by the licensee pursuant to the
provisions of this title. (766-7/60)
5.08.220 Statements not conclusive determination.
(a) No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the
same preclude the city from collecting by appropriate action such sum as is actually due and
payable hereunder. Such statement and each of the several items therein contained shall be
subject to audit and verification by the City Clerk, his deputies or authorized employees of the
city, who are authorized to examine, audit and inspect those personnel records required to
establish firmly-the average number of employees for the preceding year, of any licensee or
applicant for license, as may be necessary in their judgment to verify or ascertain the amount
of license fee due.
(b) All licensees, applicants for license, and persons engaged in business in the city are required to
permit an examination of such.books and records for the purposes aforesaid.
(c) The information furnished or secured pursuant to this section or Section 5.08.210 shall be
confidential. Any unauthorized disclosure or use of such information by any officer or
employee of the city shall constitute a misdemeanor and such officer or employee shall be
subject to the penalty provisions of this title in addition to any other penalties provided by law.
(766-7/60)
5.08.230 Failure to file statement.
(a) If any person fails to file any required statement within the time prescribed, or if after demand
therefor made by the City Clerk he fails to file a corrected statement, the City Clerk may
determine the amount of license tax due from such person by means of such information as he
may be able to obtain.
(b) If such determination is made; the City Clerk shall give a notice of the amount so assessed by
serving it personally or by depositing in the United States Post Office at Huntington Beach,
California, postage prepaid, addressed to the person so assessed at his last known address.
Such person may, within fifteen (15) days after the mailing or service of such notice make
application in writing to the City Clerk for a hearing on the amount of the license tax. Is such
application is made, the City Clerk shall cause the matter to be set for hearing within fifteen
(15) days before the City Council. The City Clerk shall give at least ten (10) days notice to
such person of the time and place of hearing in the manner prescribed above for serving
notices of assessment. The City Council shall consider all evidence produced, and shall make
Mfindings thereon, which shall be final. Notice of such findings shall be served upon the
applicant in the manner prescribed above for service of notices of assessments. (766-7/60)
10/70
5.08.240-5.08.260 Huntington Beach Municipal Code
5.08.240 Appeal. Any person aggrieved by any decision of the City Clerk with respect to the
issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal*
with the City Clerk. The City Council shall thereupon fix a time and place for hearing such
appeal. The City Clerk shall give notice to such person of the time and place of hearing by
serving it personally or by depositing it in the United States Post Office.at Huntington Beach,
California,postage prepaid, addressed to such person at his last known address. The City Council
shall have authority to determine all questions raised om such appeal. No such determination shall'
conflict with any substantive provisions of this title. (766-7/60)
5.08.250 Additional power of City Clerk. In addition to all other power conferred upon the
City Clerk, he shall have the power, for good cause shown, to extend the time for filing any
required sworn statement for a period not exceeding thirty(30) days, and in such case to waive
any penalty that would otherwise have accrued; and shall have the further power, with the consent
of the City Council, to compromise and claim as to amount of license tax due. (766-7/60)
5.08.260 Deposit of fees into general fund.
(a) All fees, penalties and other moneys received by the City Collector pursuant to the provisions
of this title shall be deposited with the City Treasurer and to the general fund of this city upon
the business day next following the receipt of the same.
(b) On or before the first day of each and every month the.City,Collector shall deliver to the City
Clerk a full statement of all licenses issued by him during the immediate preceding month, the
names-of all licensees, and the amount of fees, penalties and other moneys collected on each
license.
(c) The City Clerk shall keep full, adquate and accurate records pertaining to the issuance of
licenses under this title. (766-7/60)
10/70
OU
Huntington Beach Municipal Code 5.16 Index— 5.16.1010 S�
_ Chanter 5.16
• RATES
(327-4/29, 766-7/60, 838-6/61, 904-6/62, 1461-2/69, 1604-10170, 1605-10/70,1652-9,l71, 2022-1/76,2594-2/83,
2784-9/85,2965-10/88, 3100-5/91,3116-6/91, 3161-8192, 3241-10/94)
Sections:
5.16.010 Rates per employees
5.16.020 Rates per employees--;Minimum license
5.16.030 Application for reclassification--Action
5.16.040 License classifications designated
5.16.050 Flat rate payment code letters
5.16.060 Advertising
5.16.070 Amusement activities
5.16.080 Auctioneer
5.16.090 Bankrupt sale
5.16.100 Bath
5.16.110 Circus
5.16.120 Contractors
5.16.130 Dancing teacher
5.16.140 House moving
5.16.160 Junk collector
5.16.170 Junk dealer and auto wrecking
5.16.180 Music or fine arts teacher
5.16.190 Office building
5.16.200 Oil business--Nonproduction
5.16.210 Outdoor,theaters
5.16.220 Pawnbroker
5.16.230 Peddler
5.16.240 Public dance hall, public dance and dinner dancing place
5.16.250 Public utilities _.
5.16.260 Rooming house, apartment house, motel, bungalow or auto court
5.16.270 Skating rink
5.16.280 Small stands and businesses--Temporary and permanent
5.16.290 Solicitor or canvasser
5.16.300 Soliciting on streets for hotels or dining rooms
5.16.310 Stockyard auction
5.16.315 Swap meets, indoor swap meets, special events, specific events and charitable
events
5.16.320 Trailer parks
5.16.330 Transportation, trucking and hauling—Established place of business
5.16.340 Transportation, trucking or hauling-No business location
5.16.3 50 Transportation, trucking or hauling--Exceptions from fee
5.16 360 Transportation; trucking or hauling -Dump and tank trucks
5.16.370 Truck rental or leasing
5.16.380 Passenger vehicle rental or leasing
5.16.390 Trailer rentals
5.16.400 Transportation--Water
5.16.410 Vending, bulk-vending and amusement machines
5.16.420 Water companies
5.16.010 Rates Per employees. The following rates shall apply to business licenses:
First three employees $75.00
Next nine persons,per employee $ 4.00
Next forty persons,per employee $ 3.00
All other employees in excess of forty,per employee $ 2.00
(766-7/60, 904-6/62, 1605-10/70,2022-1/76,2965-10/88, 3100-5/91, 3161-8/92)
10/94
5.16.020-5.16.040(a) Huntington Beach Municipal Code
5.16.020 Rates per employees--Minimum license. The minimum license in each classification •
shall be$75.00 per year. In any case where a licensee or an applicant for a license believes that
this individual business is not assigned to a proper classification under this chapter because of
circumstances peculiar to it, he may apply to the Finance Director for reclassification. Such
application shall contain such information as the Finance Director may deem necessary and
require in order to determine whether applicant's individual business is properly classified. The
Finance Director shall then conduct an investigation, following which he shall assign the
applicant's individual business to the classification shown to-be proper on the basis of such
investigation. (766-7/60, 904-6/62, 1605-10/70, 2965-10/88, 3100-5/91, 3161-8/92)
5.16.030 Application for reclassification--Action. The Finance Director shall notify the
applicant of the action taken on the application for classification. Such notice shall be given by
serving it personally or by depositing it in the United States post office at Huntington Beach,
California, postage prepaid, addressed to the applicant at his last known address. Such applicant
may, within fifteen days after the mailing or serving of such notice, make written request to the
City Clerk for a hearing on his application for reclassification. If such request is made within the
time prescribed, the City Clerk shall cause the matter to be set for hearing before the City Council
within fifteen days. The City Clerk shall give the applicant at least ten days notice of the time and
place of the hearing in the manner prescribed above for serving notice of the action taken in the
application for reclassification. The City Council shall consider all evidence and its findings
thereon shall be final. Written notice of such findings shall be served upon the applicant in the
manner prescribed above for serving notice of the action taken on the application for
reclassification. (766-7/60, 904-6/62, 1605-10170)
5.16.040 License classifications designated. Every person described in the following
classifications who engages in business within the City shall pay a license tax based upon the.
average,number of employees at the rates hereinafter set forth
(a) Classification A.
Abstractor of titles. Construction engineer
Accountant Consulting engineer
Accounting service Dancing academy
Advertising agent Dealers in stocks, bonds and other securities
Agricultural advisor or counselor Dental laboratory
Appraiser Dentist
Aquarian chirothessian Designer
Architect Detective
Assayer Detective agency
Attorney at law Draftsman
Auctioneer Drugless practitioner
Auditor Electrical engineer
Bacteriologist Electrolo 'st
Bail bond broker Employment agency or bureau
Barber shop Fine arts or music school
Beauty shop Geologist
Business management consultant Herbalist
Certified public accountant Industrial relations consultant
Chemical engineer Insurance adjuster
Chemist Interior decorator
Child nurseries 4 children or more Investment counselor
Chiropodist Labor relations consultant
Chiropractor Landscape architect
Civil En ' eer Lapidary
Claim adjuster Mechanical engineer
10/94
Huntington Beach Municipal Code 5.16.040(a)-5.16.060(c)
® Mortician Real estate office
Naturo ath Sanitation engineer
Oculist Stocks and bands broker
Optician Surgeon
Optometrist Surveyor
Oral surgeon Taxidermist
Orchard care Trade or business school ,
Osteopath physician Tree remover
Physician Tree surgery
Physician and surgeon Tree trimmin
Private home for the aged 4 persons or more Veterinarian
Real estate broker
and any other business of a professional nature where the principal business activity is the
furnishing of services and where such business is not specifically listed in some other
classification or section of this chapter will be classified in the above category.
(b) Classification B. Any person who is licensed as a contractor or who is defined as a contractor
in subsections (f); (g), or(h) of section 5.04.010; provided that licenses for contractors not
maintaining a fixed place of business in the City may, at the option of applicant for such
license, be based upon the flat rate fees prescribed in section 5.16.050.
(c) Classification C. Any person conducting, managing or carrying on a business consisting
mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods,
wares, merchandise, or produce,.comes under this classification.
(d) Classification D. Any person conducting, managing or carrying on a business consisting
mainly of selling at retail any goods, or conducting and maintaining a recreation park or
amusement center under one general management, or business not otherwise specifically
licensed by other sections of this chapter comes under this classification. (327-4/29, 766=7/60,
838-6/61, 904-6/62, 1605-10/70)
5.16.050 Flat rate uavment code letters. Every person transacting and carrying on the
businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the
duration of the license shall be annual, quarterly, monthly, weekly or daily as indicated in this
section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate
daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and
the letter "W" shall indicate weekly fee. All amounts shown are in dollars. (766-7/60, 904-6/62)
5.16.060 Advertising. The fees for advertisers shall be as follows:
(a) By distributing samples or handbills, provided that this section shall not $75.00 A
apply to any person, employee, agent or representative of any person who
already has a City license as provided elsewhere in this chapter
(b) By sign or bill posting, sign erection or installation, or any form of outdoor $112.50 A
advertising as defined in Article 961 of the Huntington Beach Ordinance
Code
(c) By vehicle containing amplifier, phonograph, loudspeakers, et
for each vehicle $112.50 A
Or at the option of the licensee, for each vehicle $49.50 D
10/94
5.16.060(c)-5.16.110 Huntington Beach Municipal Code
If any such vehicle is used by a City licensee to advertise solely his own $58.00 A
business and such vehicle is regularly registered and licensed by the state to
such licensee, then the fee for each such vehicle `
Or at the option of the licensee, for each such vehicle $40.00 D
(d) By means of stereopticon, biograph, moving pictures,,' device (not $225.00 A
moving-picture theaters)used outdoors
Or, used indoors $112.50 A
(766-7/60, 83"/61,904-6162, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.070 Amusement activities. License fees are imposed for amusement activities as follows:
(a) For any bowling alley, the first six lanes, a minimum fee of$327.50 per $58.00 A
year, for each lane over six (6)
(b) For boxing or wrestling exhibitions per exhibition $58.00
(c) Carnival, tent show or open-air show in hall or building constructed for $187.50 D
theatrical purposes
In addition, for five concessions or less $66.00 D
In addition, for each concession in excess of five $39.00 D
(d) For each juke box, phonograph or motion picture device operated by $26.00 A
insertion of coin,per machine
(e) The owner of the business shall be held responsible for the full amount of the license fee if the
operator, exhibitor, machine owner, lessee or other person has not paid the fee when due and
payable. (766-7/60, 904-6/62, 1604-10/70,2594-2/83, 3100-5/91, 3161-8/92)
5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose
permanent place of business, as filed with the California Auctioneer Commission, is located in the
City of Huntington Beach, the fee shall be subject to rates per employees as detailed in section "
5.16.010. (766-7/60, 904-6/62, 1604-10/70, 2784-9/85)
5.16.090 Bankrupt sale. For the conducting, managing or carrying on the business of selling,
offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or
insolvent person, the fee shall be $58.00 D. (3100-5191, 3161-8/92)
5.16.100 Bath. For every person conducting, managing, or carrying on the business of giving
steam baths, electric light baths, shower baths, electric tub baths, sponge baths or operating any
public bath which maintains in connection therewith a steam room, plunge, bath or sleeping
accommodations, the fee shall be $112.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.110 Circus. With seating capacity under four thousand, the fee shall be:
First day $262.50 D
Each additional day $187.50 D
With seating capacity over four thousand, the fee shall be:
First day $337.50 D
Each additional day $187.50 D
10/94
Huntington Beach Municipal Code 5.16.110-5.16.190
For every sideshow in conjunction with a circus, the fee shall be $49.50 D
For every concession in conjunction with a circus, the fee shall be $40.00 D
(766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.120 Contractors. Every person engaging in business in this City as a contractor, as defined
in subsections (e),(f), and 0)of section 5.04.010, who does not engage in such business from a
fixed place of business within this City, and who elects to exercise the option provided for iri
section 5;16.040; shall pay a license fee as indicated herein:
General engineering and/or general building contractor $142.50 A
Specialty, subcontractor, or other $90.00 A
(766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.130 Dancing teacher. Every person engaged in the profession of dancing teacher who has
no regularly established place of business where instruction in dancing is given, shall pay a fee of
$75.00 A. (1604-10/70, 3100-5/91, 3161-8/92)
5.16.140 House moving. Every person engaged in house moving or wrecking of buildings
and/or structures, shall pay a fee of $112.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.160 Junk collector.
(a) For every person conducting, managing or carrying on the business of junk $187.50 A
collector, the fee shall be
or at the option of the licensee $40.00 D
(b) For the purpose of this section, a "junk collector" means any person, other than a junk dealer
engaged in the business of buying or selling, either at wholesale or retail, rags, bottles, papers,
cans, metal or other articles of junk.
(766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.170 Junk dealer and auto wrecking.
(a) For every person conducting, managing or carrying on the business of junk $187.50 A
dealer or auto wrecker, the fee shall be
(b) For the purpose of this section an "auto wrecker" means and includes any person who buys
any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or
disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or
using the same for the purpose of reconditioning any other vehicle, or for the purpose of
selling or otherwise.dealing in,the materials.of such vehicle or vehicles. (766-7/60, 904-6/62,
1604-10/70,3100-5/91, 3161-8/92)
5.16.180 Music or fine arts teacher. Every person engaged in the profession of teaching music,
dramatics, art, designing, dressmaking, mechanics or any other trade or fine art who has no
regularly established place of business where such teaching is carried on, shall pay a fee of
$75.00 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.190 Office building. For every person conducting, managing or carrying on the business of
operating an office building,
for each office therein the fee shall be $32.50 A
and for each unit/office $7.00
is (1604-10170, 3100-5/91, 3161-8/92)
10/94
5.16.200-5.16.240 Huntington Beach Municipal Code
5.16.200 Oil business--Nonproduction. Every person conducting, managing, carrying on or
engaging in, from a fixed place of business in the City, the business or activity of oil well, injection
well, or water-source-well drilling or servicing operation, or refining oil or petroleum products
and producing the byproducts, or marketing, selling or distributing at wholesale, oil or any
petroleum products, or byproducts, or maintaining tankage or warehouse storage facilities where
oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in accordance
with section.5.16010.- Nothing in this section shall be deemed to apply.or relate to actual oil or
-.gas production operations. (1652-9/71) -
5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor
.theater where moving or motion pictures are exhibited the license fee shall be:
Number of Stalls Fee per Year
First 500 $337.50
All over 500(per stall) 50¢
A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7160,
904-6/62, 1604-10170, 3100-5/91, 3161-8/92)
5.16.220 Pawnbroker. For the purpose of this section the term "pawnbroker" shall include
every person conducting, managing or carrying on the business of lending money either for
himself or for any other person, upon any personal property, personal security or purchasing
personal property and reselling or agreeing to resell such property to the vendor or other assignee
at prices previously agreed upon. Nothing in this section shall be deemed to apply to the lending
of money or personal property or personal security by any bank authorized to do so under the
laws of the state or of the United States.
The license fee shah be $487.50 A
(766-7/60,904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.230 Peddler. Peddlers of flags, banners, balloons, cones, horns, kites, noise-making
instruments, toys, notions, souvenirs or similar goods or novelties of any description other than
from a stand, tent, wagon or other vehicle shall pay a fee of$17.00 D or by vehicle $97.50 A.
Peddlers of any article or commodity not mentioned in this section, including every person, firm
or corporation conducting the business of selling and delivering any goods for human
consumption directly to the consumer thereof, by means of a regular system of delivery vehicles
for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering
vehicles, from place to place, within this City shall pay a fee of$17.00 D or $97.50 A.
Provided, however, that issuance of a license to any person, firm or.corporation under this section
shall not be construed to permit violation by such person;firm or corporation of Chapter 9.64.
The license tax prescribed by this section shall cover one person and in the case of route peddlers,
one vehicle only and an additional like fee shall be paid for each additional such person or vehicle
so engaged. Prior to the issuance of any license under this section, such applicant shall comply
with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the
provisions of sections 5.12.050 and 5.12.060. (1604-10/70, 904-6/62, 838-6/61, 766-7/60, 3100-5/91,
3161-8/92)
5.16.240 Public dance hall, public dance and dinner dancing place. Every person
conducting, managing or operating a public dance hall or dinner place shall pay a fee of
$337.50 A.
Every person conducting, managing or operating a public dance shall pay a fee of(per dance)
$58.00.
10/94
Huntington Beach Municipal Code 5.16.240-5.16.310
For the purpose of this section, certain words and phrases shall be construed as hereinafter set
forth:
(a) "Public dance hall" means a place open to the public upon payment of admittance fee, wherein
music is provided and people-are allowed to dance which is so open at regular intervals or on
regular days of the week.
(b) "Public.dance" means a dance open to the public for an admittance fee or charge, which is
held on one day only.
(c) "Dinner dancing place" means a place where music is provided and the public is permitted to
dance without payment of a fee. (766-7/60, 904-6/62,-1604-10/70, 3100-5/91, 3161-7/92) -
5.16.250 Public utilities: Any public utility operating in the City under a franchise or franchises
from the City, or applicable therein; and which makes franchise payments thereunder is subject to
the provisions of this chapter only to the extent it engages in retail merchandising not covered by
the franchise in the City. (766-7/60, 904-6/62, 1604-10I70)
5.16.260 Rooming house, apartment house, motel, bungalow or auto court. For every
person conducting, managing, or carrying on the business of operating an apartment house,
rooming house, motel, bungalow court or auto court consisting of three or more rental units, the
fee shall be $32.00 A and $7.00 per unit. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller
skating rink, enclosure or park, the license fee shall be $187.50 A. (766-7/60, 904-6/62, 1604-10/70,
3100-5/91, 3161-8/92)
5.16.280 Small stands and'businesses--Temporary and permanent. Every person,:not'
having
a regularly established place of business in this City, who sells or offers for sale goods or articles
of any description in his possession, or services, at, on or from a stand upon any public street,
alley or public place, or in or from a doorway of any room or building, or unenclosed or vacant
lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall
pay a fee of$75.00; or, at the option of the licensee, $17.00 D. (766-7/60, 1604-10/70, 3100-5/91,
3161-8/92)
5.16.290 Solicitor or canvasser. For every person conductin managing, carrying on or
engaging in the business of telephone solicitation or canvassi g, f r each such person employed or
so engaged, the fee shall be $49.00 D.
Prior to the issuance of any license under this section, each applicant shall comply with the
provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of
sections 512.050 and 5.12.060. This section shall not apply to any person, or employee or agent.
or representative of any person whose principal place of business is in and who has a license in the
City as provided elsewhere by this title, or who takes orders only from businesses licensed under
this title. (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.300 Soliciting on streets for hotels or dining rooms. For every person conducting,
managing or carrying on the business of soliciting customers, or patronage upon any public street,
alley or other public place, for any hotel, inn, rooming house, lodging house, apartment house,
restaurant, dining room or house or place where meals or board or lodging are furnished for
compensation, the fee shall be $112.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.310 Stockyard auction. For every person conducting, managing or carrying on any
stockyard, sales, stable or corral where horses, cattle, goats, sheep, mules and other livestock are
bought, sold or exchanged at public auction, the license fee shall be $187.50 A. (1604-10/70,
3100-5/91, 3161-8/92)
10/94
5.16.315-5.16.315(b)(3)(a) Huntington Beach Municipal Code
5.16.315 Swan meets, indoor swan meets, special events, specific events and charitable
events. The operators and exhibitors shall pay a business license tax according to the provisions
Of this section. (3241-10/94)
(a) Definitions as used in this section shall have the following meaning: (3241-10/94)
(1) Operator shall mean any.person or organization conducting or operating a swap meet,:
special event, specific event or charitable event.within the'city at which goods are offered
for sale to the public. This shall include such events commonly referred to as a farmer's
market and arts and craft shows. (3241-10/94)
(2) Exhibitors shall mean any person or organization exhibiting, displaying, selling,
exchanging, or offering for sale or exchange any property or service at a meet or event.
(3241-10/94)
(3) Meet or Event shall mean an activity where the place or location has been advertised by
any means whatsoever as a place or location to which members of the public at large
during a specified period of time, may purchase or exchange property or services. This
does not include carnivals, circuses, or sideshow events. (3241-10/94)
(4) Indoor Swap Meet shall mean an operation of occasional, periodic or regularly scheduled
markets held within a building of at least 100,000 square feet that has received a
conditional use permit to conduct an indoor swap meet. (3241-10/94)
(5) Stall, Space Or Booth, shall be defined as physical area measuring one hundred and forty-
four (144) square feet or less. (3241-10/94)
(6) Charitable or Non-Profit Organizations shall mean those who have submitted papers as.
defined by Internal Revenue Code 501C3 and by the California Secretary of State, and
have received written approval of their non-profit status from both the Internal Revenue
Service and the California Secretary of State. (3241-10/94)
(b) Fees: (3241-10194)
(1) Indoor Swan Meets (3241-10/94)
Indoor swap meets,because of their unique character and location, will have rates
established individually by City Council action. (3241-10/94)
(2) Outdoor Swap Meets (3241-10/94)
(a) Every operator shall pay a business license fee, based upon the following table:
(3241-10/94)
Stalls/Booths Annual
0 -50 $300
51 - 100 $400
101 -200 $500
over 200 $600
(b) Each exhibitor will be required to have a regular business license after participating
eight (8)times at the swap meet. (3241-10194)
(3) Special Events, Specific Events and Charitable Eyents. (3241-10/94)
(a) Every operator shall pay a business license fee based upon the following table:
(3241-10/94)
10/94
Huntington Beach Municipal Code 5.16.315(b)(3)(a)-5.16.330
Stalls/Booths (30 Days or Less) Annual
-. 0 - 50 $200 $300
51 - 100 $300 $400
101 - 200 $400 $500
over200 $500 $600
(b).Each exhibitor shall pay a fee in the amount.of one dollar.($100) per stall per day:
Where two (2) or more exhibitors share a single stall, each such exhibitor hall pay a
separate daily stall fee. Such fee shall constitute a debt owed by the exhibitor to the
City and shall be extinguished only by payment to the operator. The exhibitor shall pay
the fee to the operator at the time and on each day the exhibitor participates in the
meet. Any unpaid fee shall be paid upon the termination of the exhibitor's participation
in the specific meet. Each operator shall collect the fee imposed by the provisions of
this section-to the same extent and at the same time as any other fees are collected
from every exhibitor. The amount of the fee shall be separately stated from any other
moneys collected by the operator. The fee shall be in addition to any other fee
required by the city. Exhibitors may elect to pay for a regular business license for that
location in lieu of paying daily fees. (3241-10/94)
(c) On or before the tenth day following each meet, each operator shall file a return with
the City Treasurer showing the total amount of fees collected under this section and
such other information as may be required by the City Treasurer. At the time the
return is filed, the operator shall remit the full amount of the fees collected to the City
Treasurer. Returns and payments shall be due immediately upon cessation of business
by the operator for any reason. (3241-10/94)
(d) Every operator shall hold all fees collected under this section in trust:for the.account
of the City until payment thereof is made to.the city Treasurer. Any operator who fails
to remit the fees within the time specified shall pay a penalty of ten(10) percent for
each month said payment is overdue. (3241-10/94)
(c) Records: .(3241-10/94)
Each operator shall keep full and accurate records of receipts and stall rentals to vendors iri
connection with the operation of the meet. The City, by and through its authorized officers
shall have the right to examine and audit such records, including records of any bank
accounts, at any reasonable time, and operators shall cooperate fully with the inspection of
them. Such records shall include, but are not limited to, the total number of stall rentals from,
each day, as well as whatever records are necessary in order to provide the city any required
information pursuant to subsection(b)(3) of this section. (3241-10/94)
5.16.320 Trailer parks. For every person conducting, managing or carrying on the business of
trailer park or mobilehome park the license fee shall be $112.50 annually for the first twenty-five
(25) trailer spaces and $7.00 for each additional trailer space. (766-7/60, 838-6/61, 904-6/62,
1604-10/70, 3100-5/91, 3161-8/92) -
5.16.330 Transportation, trucking and hauling--Established place of business. Every
person engaged in the business, in whole or in part, of using or operating any motor vehicle in
connection with the conduct of their business, for the transportation of any goods, wares,
merchandise, products of any nature, raw materials, pipe or castings, tanks or machinery or tools
of any description, when said person has an established place of business within the City, shall pay
an annual license fee in accordance with the following schedule for each and every motor vehicle
so used or operated in excess of one vehicle:
for vehicles with a manufacturer's rated capacity of under one ton $12.00 A
10/94
5.16.330-5.16.370(b) Huntington Beach Municipal Code
for vehicles with a manufacturer's rated capacity of under three tons, but $35.00 A
one ton or over
for vehicles with a manufacturer's capacity of three tons or over $46.00 A
(766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.340 Transportation,trucking or hauling--No business location. Every person engaged
in the business, in whole.or in part, of using or operating any motor vehicle in connection with the
conduct of their business, and who uses the public streets or highways of this City for the purpose
of such use or operation for the delivery or transportation of any goods, wares, merchandise,
products of any nature, raw materials, waste materials, pipe or casting, tanks, machinery or tools
of any description or in connection with rendering services for fees, when said person does not
have an established place of business within this City, shall pay an annual license fee of$75 for
each and every vehicle so used or operated other than those vehicles described in sections
5.16.330 and 5.16.350. (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3161-8/92)
5.16.350 Transportation,trucking or hauling--Exceptions from fee. No fee hereunder shall
be required for the operation of any motor vehicle or equipment along the streets of this City if
such operation is merely occasional or incidental to a business conducted elsewhere; provided,
however, that no operation shall be deemed merely occasional if trips or hauls are made beginning
or ending at points within this City upon an average of more than thirteen in any quarter of the
year. More than thirteen such trips or hauls within any quarter shall be deemed doing business
within this City. A business shall be deemed conducted within this City if an office or agency is
maintained here or if transportation business is solicited here. (766-7/60, 838-6/61, 904-6/62,
1604-10/70)
5.16.360 Transportation,trucking or hauling--Dump and tank trucks.' Every person
engaged in the business,in whole or in part,of using or operating motor vehicles for the
transportation, hauling or delivery or removal of crude oil, petroleum products or petroleum
byproducts in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any description,
or any other articles or commodity not otherwise classified in sections 5.16.330 and 5.16.340,
who uses the public streets or highways of this City for the purpose of such use or operation,who
is not required to pay the license or fees as set forth in sections 5.16.330 and 5.16.340, shall pay
an annual license fee based upon each motor vehicle so used or operated of$75.00
for each vehicle with single rear axle $49.00 A
for each vehicle with dual rear axle $49.00 A
(b) Tank Truck or Tank Wagon(semi-tractor and front trailer as one tank truck or tank wagon).
for each tank truck or tank wagon $97.50 A
for each additional tank truck,wagon or trailer $2100 A
(766-7/60, 838-6/61, 904-6/62. 1604-10/70, 3100-5/91,3116-6/91, 3161-8/92)
5.16.370 Truck rental or leasing.
(a) Every person conducting, managing or carrying on the business of renting or leasing the use
of any truck or motor-propelled vehicle for the transportation of materials, commodities or
products, or the transportation of any other object, to be driven by the person or employees
or other representative of the person hiring the same at rates per mile, per trip, per hour, per
day, per week, per month, per year or any greater period of time, and the truck or vehicle is
under the directional control of the person hiring the same, shall pay an annual license fee of
$75.00 plus $23.00 for each truck or vehicle over one used in the business.
(b) In the case of persons operating trucks or vehicles in this City, within the meaning of sections
5.16.330 through 5.16.350, when such truck or vehicle has been rented from a truck rental
10/94
Huntington Beach Municipal Code 5.16.370(b)-5.16.410(a)(1)
business or agency, the person having rented or hired such truck or vehicle shall pay the license
fee prescribed in sections 5.16.330 through 5.16.350, whichever is applicable, and the person in
the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required
to pay an additional fee for each such truck or vehicle so rented or leased over one used in the
business. (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.380 Passenger vehicle rental or leasing. Every person conducting,managing or carrying
on the business of renting or leasing the use of any motor-propelled vehicle for the transportation
of persons to be driven by the person or employee or other representative of the person hiring,
renting or leasing the same at rates per mile, per trip, per hour, per month, per year or any greater
period of time, and where such vehicle is under the directional control of the person hiring the
same, shall pay an annual license fee of$75.00 plus $11.50 for each vehicle over one used in the
business. Provided that where a person conducts, manages or carries on the rental or leasing of
both trucks and passenger vehicles as one and the same business, from the same place of business,
the payment of only one annual license fee of$75.00 will be required in addition to the prescribed
fees for each vehicle over one used in the business. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91,
3161-8/92)
5.16.390 Trailer rentals. Every person conducting, managing or carrying on the business of
renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual
license fee of$75.00 plus $2.00 per wheel for all trailers used in the business. (766-7/60, 904-6/62,
1604-10170, 3100-5/91, 3116-6/91, 3161-8/92)
5.16.400 Transportation--Water. Every person engaged in the business, in whole or in part, of
using or operating any boat or barge in connection with the conduct of their business for the
transportation or accommodation of passengers, whether fee for such transportation or
accommodation.is paid directly.or indirectly, or for the transportation of any goods, wares,
merchandise, products of any nature, raw materials,waste materials, pipe or castings, tanks or
machinery or tools of any description, shall pay an annual-license fee in accordance with the
following schedule:
for the first vessel $75.00 A
for each and every vessel so used or operated in excess of one vessel:
less than sixteen feet in length $40.00 A
Sixteen feet or over but less than twenty-six feet in length $49.00 A
Twenty-six feet or over but less than forty feet in length $58.00 A
Forty feet or over in length $66.00 A
(904-6/62, 1604-10/70, 3100-5/91, 3161-8/92)
5.16.410 Vending, bulk-vending and amusement machines.
(a) Every person owning, conducting, transacting, managing,operating or carrying on the
business of providing, furnishing, letting the use of, distributing or maintaining any vending
machine, bulk-vending machine and/or amusement machine, as defined in this title, and not
prohibited by law, shall pay an annual license fee in accordance with the following schedule:
(1) Vending Machines:
Service machines $ 11.50 A
for each machine charging 10 to and including 4¢ $ 2.50 A
for each machine charging 5¢ to and including 9¢ $ 7.00 A
for each machine charging 10¢and over $ 14.00 A
for each cigarette vending machine $ 29.00 A
Stamp-vending machines dispensing United States postage stamps for mailing purposes
are hereby exempt from the terms and provisions hereof.
10/94
5.16.410(a)(2)-5.16.420 Huntington Beach Municipal Code
(2)Bulk-vending Machines: $ 11.50 A
for each machine charging 10 to and including 4¢ $ 2.50 A
for each machine charging 5¢ to and including 9¢ $ 4.50 A
for each machine charging 100 or over $ 7.00 A
(3) Amusement Machines:
for each pinball machine $ 50.00 A
for each pool/billiard machine $ 50.00 A
for all other amusement machines $ 50.00 A
(b) In the event any license fee provided by this section on any vending or bulk-vending machine
is not paid when due and payable, the owner of the business on whose business premises such
vending or bulk-vending machine is located, shall be jointly and severally liable to pay the full
amount of such license fee.
(c) A person having a business license in connection with a fixed place of business in this City is
not exempt from payment of license fees otherwise imposed by this chapter.
(d) A minimum annual license fee of$337.50 shall be paid by each game arcade, amusement
center room, business or parlor containing an aggregate of four or more pool tables, billiard
tables, pinball machines, electronic video screen game machines, and/or other amusement
devices. The fees levied under this section shall be credited toward such minimum. (2594483,
1461-2/69, 904-6/62, 838-6/61, 766-7/60, 3100-5/91, 3161-8/92)
5.16.420 Water companies. An annual fee of$32.00. and 85¢ per customer for the maximum
number of customers at one time during the preceding calendar year. (766-7/60, 904-6/62, 1604-10no,
3100-5/91,3161-8/92)
•
10/94
Huntington Beach Municipal Code 8.21.010-8.21.010(e)
• Chapter 8.21
REFUSE MANAGEMENT
(3560-1102, -
Sections:
8.21.010 'Definitions -
8.21.020 Collection of Refuse and Recyclable Waste Material
8.21.030 Residential Collection Service Charge
8.21.040 Dumping of Refuse prohibited
8.21.050 Occupant responsible for premises
8.21.060 Owner liable for premises
8.21.070 Accumulation prohibited
8.21.080 Storage
8.21.090 Containers and transportation of Refuse—permit
8.21.100 Containers—location
8.21.110 Container—interference
8.21.120 Container—improper substances
8.21.130 Container—removal
8.21.140 Collection—manner
8.21.150 Residential Refuse Collection
8.21.160 Commercial Collection Service
8.21.170 Special Collections—excluded Refuse
8.21.180 Collection of Recyclable Material
8.21.190 Disposal methods
8.21.200 Rules and regulations
8.21.210 Appeals
8.21.220 Unauthorized collection prohibited
8.21.230 Violation penalty..
8.21.010 Definitions.The following definitions shall apply in the interpretation and
enforcement of these regulations: (3560-7/02)
(a) "Adequate Service"means the combination of the number of collections,the number of
Containers, and the size of Containers necessary so as not to cause the accumulation of
Refuse outside Containers or in excess of Level Full. (3560-7/02)
(b) 'Basic Level of Service" means,with respect to Residential Collection Service,that level
of Collection and disposal service necessary to provide Adequate Service for the
collection of Refuse generated by each single family residence, and each dwelling unit
within a duplex, a triplex, or a fourplex, as specifically provided in any given contract
between the City and any person for collection of such Refuse, or as provided by
resolution of the City Council, excluding Refuse or substances excluded from collection
by regulation of the Director or by contract; as hereinafter provided,Refuse capable
thereof which has not been placed in,Containers or'bundles within the weight and size
limits hereinafter set forth for Containers or bundles,and any unit of Refuse which
exceeds four feet in length or which exceeds forty pounds in weight. Basic Level of
Service, with respect to Commercial Collection Service,means that level of collection
and disposal service necessary to provide Adequate Service. (3560-7/02)
(c) "City Refuse Collector" means any Person either employed by or under contract with the
City to provide removal, transportation,processing, and disposition of Refuse from
residents and users of premises within the City. (3560-7/02)
(d) "Collection" means the pickup, removal, and transportation of Refuse by any Person
authorized to do so by the City. (3560-7/02)
(e) "Commercial Collection Service" means the collection of Refuse from all property within
the City excluded from Residential Collection Service, or properties subject to
Residential Collection Service which choose to utilize Commercial Collection Service.
(3560-7102)
7/02
8.21.010(".21.010(r) Huntington Beach Municipal Code
(fl "Container"means any vessel, tank, receptacle, dumpster, box or bin used or intended to
be used for the purpose of holding any Refuse,Recyclable Material, and Recyclable
Waste Material. Commercial Containers utilized in Commercial Collection Service
include all types of Containers, whereas Residential Containers utilized in Residential
Collection Service shall not include dumpsters:or bins. (3560-7/02)
(g) "Corporation"means.corporations, partnerships, and all business enterprises, associations
or organizations, however designed. (3560-7102)
(h) 'Director"means the Huntington Beach Director of Public Works or his authorized
representative. (3560-7/02)
(i) "Hazardous Waste"means a waste, or combination of wastes, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may a) cause,
or significantly contribute to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; or b)pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed. (3560-7/02)
(j) "Level Full"means the amount of Refuse deposited in a Commercial Container so_ that it
shall not exceed the lowest top edge of the Container and still allow the lid of the
Container to be completely closed. (3560-7/02)
(k) "Non-combustible Refuse"means ashes,bottles,broken crockery, glass, tin cans and
metallic substances or any other substances that will not incinerate through contact with
flames of ordinary temperature. (3560-7/02)
(1) "Person" means any individual, firm, governmental unit, organization,partnership,
corporation, company or other entity. (3560-7/02)
(m) "Processing"means reduction, separation,recovery, conversion or recycling of Refuse.
(3560-7/02)
(n) 'Recyclable Material' means materials which are segregated at the source from other
Refuse for the purpose of Recycling and includes,but is not limited to,paper, glass,
metals,wood,plastics,wastes,bulky goods,waste oil, and construction and demolition
materials and which is sold by the owner thereof to a third party. (3560-7/02)
(o) "Recyclable Material Collection"means the collection, transportation, storage,transfer,
or processing of Recyclable Materials. (3560-7/02)
(p) "Recyclable Waste Material'means discarded materials such as, but not limited to,
newspapers, glass and metal cans,which are separated from other Refuse for the purpose
of Recycling and which are not sold to a third party. (3560-7/02)
(q) "Recyclable Waste Material Collecting"means the collection, transportation, storage,
transfer, or processing of Recyclable Waste Material. (3560-7/02)
(r) "Recycling"means the process of collecting, sorting, cleansing, treatin&, and
reconstituting materials that would otherwise be disposed of by landfilling or
transformation, and returning materials to the economic mainstream in the form of raw
material for new, reused, or reconstituted products. (3560-7102)
7/02
i
Huntington Beach Municipal Code 8.21.010(sH.21.030
(s) "Refuse" means all putrescible and non-putrescible solid, and semisolid wastes, including
garbage, trash,refuse, paper,rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not Hazardous
Waste,manure,vegetable or animal solid or semi-solid wastes;and other discarded solid
or semi-solid wastes,but not including Hazardous Waste,radioactive.waste regulated
pursuant to the State Radiation Control Law, untreated medical waste regulated pursuant
to the State Medical Waste Management Act, and liquid waste. Recyclable Waste
Material is considered Refuse for purposes of this Chapter. Materials that are sold or
donated by the owner thereof to a third party, and thereafter recycled, are not considered
Refuse for purposes of this Chapter. The term "Refuse" shall be synonymous with the
term"solid waste" as used in the Integrated Waste Management Act,Public Resources
Code §40000, et seq. (3560-7/02)
(t) "Refuse Collection"means the collection, transportation, storage, transfer, disposal, or
processing of Refuse. (3560-7102)
(u) "Residential Collection Service"means the collection of Refuse from each single-family
residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving
noncommercial Refuse Collection Service. It shall not include any hotel,motel, lodge,
hall, club, tourist camp, trailer camp, mobilehome park, church,business or industrial
establishment, or any lot containing more than four dwelling units. (3560-7/02)
8.21.020 Collection of Refuse and Recyclable Waste Material.
(a) The collection of Refuse and Recyclable Waste Material shall be performed exclusively
by the City Refuse Collector. The City Council may regulate;by ordinance or resolution,
all aspects of the Residential Refuse Service and the Commercial Refuse Service,
including, but not limited to, frequency of collection, means of collection and
transportation, level of services, charges, fees, and nature, location, and extent of
providing such Services. (3560-7/02)
(b) Any other provision of this Code to the contrary notwithstanding,the City may enter into
contracts with responsible persons for the collection of Refuse within the City utilizing
such procurement procedures and upon such terms and conditions as are deemed
appropriate by the City Council. (3560-7/02)
(c) In the event of an emergency or other unforeseen or unpreventable circumstances
in which the City Refuse Collector is unable to maintain Refuse Collection
Services, the City Administrator may issue limited or temporary permits for a
period not to exceed thirty(30) days to persons or corporations to perform any of
the services covered by this Chapter. Any service beyond thirty(30) days shall be
approved by the City Council. (3560-7/02)
8.21.030 Residential Collection service char e. There,shall be a charge for Residential
Collection Service which rates shall be established from time to time by resolution of the City
Council. Such charge shall apply to persons occupying single-family dwellings, and each
dwelling unit within a duplex, a triplex or a fourplex. A dwelling shall be deemed occupied if
connected to an active water service. This charge shall not apply to persons occupying
residential units such as apartments,mobilehome parks, or other multi-family complexes,who
are currently contracting directly with the City Refuse Collector. (3560-7/02,3581-11102)
Any person receiving Residential Collection Service who is sixty-two years of age or older shall
pay 50% of the charge imposed by this section 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 in the City's Department of Economic Development, for the calendar
year prior to the fiscal year(July 1 through June 30) for which the exemption provided by this
chapter is applied. (3560-7102, 3581-11/02)
11102
t
8.21.040-8.21.090 Huntington Beach Municipal Code
8.21.040 Dumping of Refuse prohibited. It shall be unlawful for any person to cast,deposit,
place,sweep,throw,discard or leave any Refuse or cause such Refuse to be cast,deposited;
swept, placed,thrown;discarded or left in,any place,public or private, within the City;without
the express permission of the owner of the"premises: (3560-7/02)
8.21.050 Occupant responsible for premises.Every person occupying,using or controlling any
premises shall keep the premises in a clean and sanitary condition, and no person shall pernut
any Refuse, sewer effluent, excrement, slop or stagnant water,butcher offal,market refuse,dead
animal or any other noxious or offensive matter of any kind, or any other substance that may
become offensive,to be deposited or to remain thereon except as otherwise provided by law.
(3560-7/02) j
8.21.060 Owner liable for premises. The owner of any premises shall be liable for the costs to
the City for the enforcement of any provision of this Chapter. (3560-7/02)
8.21.070 Accumulation prohibited.No person occupying, using or controlling any premises
shall permit any Refuse to accumulate thereon,nor shall any such person maintain any
accumulation of Refuse thereon, unless in either event the same is stored in a manner approved
by the Director or by law. It shall be unlawful for any person to dump,deposit,place or bury
Refuse in or upon any lot, land, street, or alley,whether public or private,nor throw such Refuse
in any creek, stream,water or water way within the City. Any unauthorized accumulation of
Refuse on any premises is hereby prohibited and declared to be a nuisance. (3560-7/02)
8.21.080 Storage.
(a) Refuse shall be stored in a Container of a type approved by the Director. Every such
Container shall be constructed of metal,plastic,or equally durable material,in such
manner as to be strong,watertight, not easily corrodible, fly proof,and rodent proof.
Such Container shall have handles or other attachments designed for and capable of .
lifting, and shall be kept covered at all times, except when Refuse is being deposited or
removed from such container. Commercial Containers shall be kept in a Level Full
condition. The cover shall completely and tightly close the Container so as to render it fly
and rodent proof and so that no Refuse may be visible. A sufficient number of Containers
shall be provided for the Basic Level of Service, in order to insure that all Refuse is
contained within completely covered Containers until such time as the Refuse is
collected. (3560-7/02)
(b) Refuse shall be stored in such a manner that it will not provide harborage to rats,nor
cause a fire hazard. (3560-7/02)
(c) Sturdy,grease-resistant,water proof,nonreturnable,plastic.bags which are
specifically designed for"garbage and Refuse may be used.for Residential
Collection Service provided that each bag has a capacity not to exceed thirty--two
(32)gallons and shall not weigh more than sixty(60)pounds when filled and the
opening is secured so that contents cannot be removed, spilled or seen, and the
weight does not cause the bag to tear when handled. Such bags shall comply with
all of the requirements of subsections (a)and (b)except for the requirements of
handles and covers. Residential Collection Service may include tree trimmings
and other similar matter which shall be tied in bundles measuring not more than
four feet long and weighing not more than forty pounds. (3560-7/02)
8.21.090 Containers and transportation of Refuse—permit. No Person other than the City
Refuse Collector shall transport Refuse or Recyclable Material in a conveyance or Container that •
has not been approved by the Director. Such Persons shall obtain a permit from the Director,
which shall be prominently displayed on such conveyance or Container. All vehicles and
Container used in collecting and transporting Refuse or Recyclable Material shall be provided
with metal bodies so constructed as to be leakproof and to prevent the escape of offensive odors
and loss, spillage or blowing away of any contents collected or transported within the City. Such
vehicles and Containers shall be thoroughly cleaned to eliminate odors and decayed materials.
(3560-7/02)
7/02
• Huntington Beach Municipal Code 8.21.100-8.21.130(c)
8.21.100 Containers--location. Property owners and tenants are each responsible for the
placement of Residential Containers and any accumulation of Refuse which is for collection,and
which shall be kept or placed in such a manner as not to be visible from any street or alley,
whether public or private,except_from noon on the day preceding collection.to 10 p.m. on the
day of collection. During the period of collection, Containers and any accumulation of Refuse
shall be placed,outside of any enclosures, no later than 6:30 a.m., as follows,unless otherwise'
directedW the Director: (3560-7/02)
(a) On alley. On the premises, at the rear property line, where there is a through alley in the
rear of the premises; (3560-7/02)
(b) Access from side entrance. On the premises at an accessible point adjacent to any side
entrance thereto where no through alley exists; (3560-7/02)
(c) At curb. At the curb in front of the premises, where no through alley or side entrance
exists. (3560-7/02)
8.21.110 Container—interference.No person except the owner thereof,his agent or employee,
a duly authorized City employee, or any employee of the City Refuse Collector, shall interfere in
any manner with any Container, or any accumulation of Refuse which is placed for Collection,
nor shall any person remove such Container or accumulation from the location where it shall
have been placed by the owner,his agent or his employee. (3560-7102) j
8.21.120 Container—improper substances.No person shall place or cause or pemut to be
placed in any Container any substance or material other than Refuse as defined in this Cha ter.
Large items included in the definition of refuse, exceeding four feet(4') in length or;fo7 40)
• ounds in weight, shall not be placed in refuse containers.Persons wishing to dispose o such
large items shall inform the City Refuse Collector and make special arrangements to have the
items removed. The City Refuse Collector may levy a charge for removal of such items under a
schedule and formula to be uniformly applied, based on weight and size of the items,which
formula and schedule shall have been approved by the Director. The City Refuse Collector shall
not be required to collect Hazardous Waste. (3560-7/02)
8.21.130 Container—removal.
(a) The Director may cause to be posted a notice on any Container which does not display a
permit issued pursuant to Section 8.21.090, or on any Container illegally placed on public t
or private property. The notice shall specify the nature of the violation and shall state that
the Container must be removed within twenty-four(24)hours or it may be removed and
stored by the City, and the contents disposed of, at the expense of the owner thereof. The
posting of a notice to remove shall constitute constructive notice to the owner and user of
the requirement to remove the-Container. . .(3560-7/02).
(b) If the Container is not removed within twenty-four(24).hours after,the notice to.remove
is posted, the Director may order the removal and storage of the Container and the
disposal of its contents. The owner of the Container shall be responsible to the City for
the actual cost of removal, storage, and disposal. All amounts due to the City for the cost
of removal, storage and disposal shall be paid before the Container is returned to the
owner. Such amounts shall constitute a debt owed by the owner to the City, and the
owner shall be liable to the City in an action brought by the City for the recovery of such
amounts. (3560-7/02)
(c) If the identity of the owner of a Container that has been removed by the City is known to
the Director, the Director shall promptly cause notice to be mailed to the owner to claim
the stored property. If the Container is not claimed within ninety(90) days after removal
and notice to the owner, or ninety(90) days after removal if the identity of the owner is
unknown to the Director, the Container and its contents shall be deemed abandoned
property and maybe disposed of accordingly. (3560-7/02)
7/02
8.21.140-8.21.170(d) Huntington Beach Municipal Code
8.21.140 Collection—manner. The owner, occupant, tenant or lessee of any premises
shall provide or cause to be provided, Basic Level of Service for the removal of Refuse
from said premises. Properties utilizing Commercial Collection Service shall provide
Adeqquate.Service. The City Refuse Collector shall-remove from the premises all Refuse
which has been pro erly placed for collection, whenever such Refuse is of a type and.in
an amount provided by contract with the City..Any removal of Refuse by the City Refuse
Collector, or any person shall be performed in a neat, orderly and quiet fashion,without
causing damage to the Container or the lid. Any spilled matter shall be picked up by the
person responsible for the spillage, and the premises shall be left in a clean and orderly
condition. Overfilled Containers of Refuse creating accumulations of Refuse in or at the
Pic kup site, shall be the responsibility of the premises owner for clean up. The security
and proper Level Full Container shall be the responsibility of the premises owner. All
additional collection of any type of Refuse that does not fit into a Container or causes an
overfull Container shall be the responsibility of the premises owner along with any
additional costs for removal or extra collection services. Refuse lawfully placed for
collection shall be the property of the City of Huntington Beach from the time of
placement until the time of collection and shall become the property of the City Refuse
Collector from the time of collection to the time of disposal. (3560-7/02)
8.21.150 Residential Refuse Collection. The City Refuse Collector shall operate and maintain
Residential Refuse Collection in the City by providing the Basic Level of Service on a regularly
scheduled basis, approved by resolution of the City Council,not less frequently than once each
week. The Director may by regulation exclude from such service any item or substance deemed
hazardous, obnoxious or otherwise inappropriate for such service. (3560-7102)
8.21.160 Commercial Collection Service.Persons owning or operating premises utilizing
Commercial Collection Service shall contract with the City.Refuse.Collector fortle provision of
the Basic Level of Service. The.Director may,by written order,require the owner and/or
manager of any premises subject to Commercial Collection Service to provide Adequate Service
to the premises in question. (3580-7/02)
8.21.170 Special Collections—excluded Refuse.
(a) Refuse exceeding the limitation set forth in this Chapter may be scheduled for special
Collection either at regular special Collection dates or by arrangement with the City
Refuse Collector. (3560-7/02)
(b) The City Refuse Collector shall make available Containers and drop-off bodies,provide
additional collections not required by this Chapter,pick up Refuse at points other than as
required in this Chapter or provide for the collection of greater volumes of Refuse per
collection than required in this Chapter, any or all of these additional services at the
request of the person or business being served:The City Refuse Collector may make a
_direct charge in each instance for such additional service under a written agreement which.
shall be subject to the approval of the Director and at such rates as are reasonable,just
and uniform for all persons or businesses being served. All such direct charges shall be
collected by the City Refuse Collector. (3560-7/02)
(c) The removal of wearing apparel, bedding or other refuse from homes,hospitals, or other
places where highly infectious or contagious diseases have prevailed,shall be performed .
under the supervision and direction of the County Health Officer, and such Refuse shall
neither be placed in Containers nor left for regular Collection and disposal. (3560-7/02)
(d) Highly inflammable or explosive or radioactive Refuse shall not be placed in Containers
for regular Collection and disposal,but shall be removed under the supervision of the Fire
Chief at the expense of the owner or possessor of the material. (3560-7/02)
7/02
Huntington Beach Municipal Code 8.21.270(e}-8.21.230(d)
(e) The Director may,by written permit, authorize provision of bins and drop-off bodies if
the City Refuse Collector fails to provide such service within five(5)calendar days after
a customer order and such service is not thereafter provided within forty-eight(48)hours
after notice to the City Refuse Collector of such failure by the Director. (3560-7/02)
.8.21.180 Collection of Recvclable Material. Persons collecting Recyclable Material within the
City shall, in addition to obtaining a business licenk,pbtain a Recyclable Material Collection
and Disposal Permit from the Director prior to commencing such collection and annually
thereafter. Persons operating under such a Permit shall, on a quarterly basis or at such tunes as
determined by the Director, submit a report to the Director specifying the amount of Recyclable
Material collected within the City, the location(s) from which the Recyclable Material was
collected, and the location(s)to which the Recyclable Material was brought. Such report shall be
kept confidential unless otherwise provided by law. Failure to submit timely reports shall be a
basis for revocation of the Recyclable Material Collection and Disposal Permit. The Director
shall have the right to audit the records of Persons who have received a Permit pursuant to this
Section. (3560-7/02)
8.21.190 Disposal methods. The City Refuse Collector shall dispose of Refuse in a manner
approved by the Director and consistent with the provisions of this Chapter. (3560-7/02)
8.21.200 Rules and regulations. The Director shall make such rules and regulations as
may be necessary, reasonable, and proper to enforce the provisions of this Chapter. A
copy of any rule or regulation promulgated by the Director shall be provided to the City
Council. (3560-7/02)
8.21.210 Appeals. Any person adversely impacted by a ruling of the Director may appeal such
ruling to the City Administrator. The appeal shall be.m writing to the City.Administrator and .
shall set forth the basis of the appeal. The City Administrator,or his designee,shall hold a
hearing on the appeal within thirty,(30) days of receipt of the written'appeal. The City
Administrator, or his designee, shall render a written decision within thirty(30) days after the
close of the hearing on the appeal by providing it to the appellant by first class mail. The
decision of the City Administrator shall be final. (3560-7/02)
8.21.220 Unauthorized collection prohibited. No person other than the City Refuse Collector
shall scavenge or otherwise remove Refuse or Recyclable Waste Material that has been placed at
the designated collection location. (3560-7/02)
8.21.230 Violation—penalty.
(a) It shall be unlawful for any person to provide Refuse service within the City without the
permission of the Director. (3560-7/02)
(b) It shall be unlawful for any person to utilize Refuse collection service by a Person not
permitted to provide such service by.the Director. (3560-7/02)
(c) Any person who violates any provision of this chapter shall be subject to the provisions of
Chapters 1.16 and 1.18 of this Code. (3560-7102)
(d) The provisions of this chapter shall be enforced by City Police, Code Enforcement
Officers, or by any City department authorized to do so by the City Administrator.
(3560-7102)
7/02
(�A
Huntington Beach Municipal Code 8.70.010-8.70.010
Chapter 8.70
i
TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS
(3237-7/94)
Sections:
8.70.010 Definitions
8.70.020 Maintenance of premises
8.70.030 Source of dyes and inks
8.70.040 Maintenance of pigments, dyes and equipment
8.70.050 Maintenance of stencils
8.70.060 Tattooing operations -- Skin condition of customers
8.70.070 Tattooing operations --Health history of customers
8.70.080 Tattooing operations --Health conditions of Operator
8.70.090 Tattooing operations -- Smoking
8.70.100 Tattooing operations --Apparel of Operator
8.70.110 Tattooing operations-- Cleanliness of Operator
8.70.120 Tattooing operations-- Shaving
8.70.130 Tattooing operations -- Skin preparation
8.70.140 Tattooing operations --Use of stencils
8.70.150 Tattooing operations --Use of approved dyes
8.70.160 Tattooing operations -- Use of sterile dyes
8.70.170 Tattooing operations -- Use of Sterile equipment
8.70180 Tattooing operations --Discarding of certain equipment
8.70.190 Inspections - Health Services fee schedule
8.70.200 Penalties
8.70.010 Definitions.
(a) Health Officer. That person or office designated by order of the City Council of the City of
Huntington Beach or by contract approved by the said Council as the person or office having
responsibility for the enforcement of the provisions of this article. (3237-7/94)
(b) Operator. Any person, whether the proprietor or another person, administering a tattoo to
any customer of a tattooing establishment. (3237-7/94)
(c) Prourietor. The person having general control and management over the conduct of business
at a tattooing establishment, whether or not such person is the legal owner of the premises or
the business. (3237-7/94)
(d) Tattoo. An indelible mark or figure fixed upon a body by insertion of pigment under the skin
or by production of scars. (3237-7/94)
(e) Tattooing establishment. Premises used for the business of marking or coloring the skin
with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities
• maintained therein incidental to such use. (3237-7/94)
7/94
8.70.020-8.70.040(b) Huntington Beach Municipal Code
8.70.020 Maintenance of premises. (3237-7/94) •
(a) All tattooing establishments shall be equipped with running hot and cold water, with adequate
toilet facilities and with all such appliances, furnishings and materials as may be necessary to
enable persons employed in and about such establishments to comply with the requirements of
this Chapter. (3237-7/94)
(b) The floors, furnishings and equipment of tattooing establishments shall be kept clean at all
times during business hours. For purposes of this paragraph a floor shall not be considered
clean if it has not been swept and mopped within the preceding twenty-four(24) hour period.
(3237-7/94)
(c) All operating tables in tattooing establishments shall be constructed of metal with white
enamel or porcelain finish, or stainless steel. (3237-7/94)
(d) Each tattooing establishment shall have adequate lighting and ventilation. For purposes of this
paragraph lighting or ventilation shall be considered as inadequate if it fails to comply with a
standard prescribed by the Health Officer. (3237-7/94)
(e) No tattooing establishment shall be used as a sleeping room or dormitory. (3237-7/94)
8.70.030 Source of dyes and inks. (3237-7/94)
(a) Proprietors of tattooing establishments shall, on.request of the Health Officer, submit in
writing to the Health Officer the source of all dyes or inks retained for use in tattooing
operations, and thereafter shall notify the Health Officer in writing of any dyes or inks
obtained for use in tattooing operations from any source other than those previously
submitted. (3237-7/94)
(b) No dyes or inks from any sources which have been disapproved by the Health Officer shall be
retained available for use in tattooing operations. (3237-7/94)
8.70.040 Maintenance of pigments, dyes and equipment. No pigments, dyes or equipment
shall be retained available for use in tattooing operations unless cleaned and sterilized as provided
in this section. For purposes of the section, equipment shall include needles, needle tubes, towels,
.blade holders, wiping cloths, paper towels and napkins, charcoal,gauze bandages (unless
purchased in individual sterile packages),and all similar items. (3237-7/94)
(a) All equipment shall be thoroughly cleaned before being sterilized. Instruments shall be
cleaned with soap or detergent by use of a brush. The interior of needle barrels shall be
brushed. After cleaning, equipment shall be thoroughly rinsed under running fresh tap water.
(3237-7/94)
(b) All equipment shall be sterilized by autoclaving. Each piece of equipment shall be individually
wrapped with paper in an approved method for autoclaving. Metal foil may not be used.
Tattooing needles shall be threaded through the metal tube that attaches to the tattooing
vibrator and shall be placed in a glass (or autoclavable plastic test tube) with a cotton plug for
7/94
Huntington Beach Municipal Code 8.70.040(b)-8.70.070
autoclaving. Wiping tissues shall be sterilized in a single pack to be used for one tattoo and
then be discarded. All packs shall be marked with temperature recording tape or labels.
(3237-7/94)
(c) Dyes or inks shall be used from containers with a cap that completely covers the opening and
is attached to the neck of the dye container, sterilized in an autoclave after first being filled
with the dye. Dye shall be handled utilizing aseptic techniques and the dye containers filled
with dye shall be autoclaved at least once a week or more often if necessary to keep the dye in
a sterile condition. The dyes may be placed in Teflon squeeze bottles that will withstand
autoclaving. (3237-7/94)
(d) Stem sterilization of the above listed equipment shall be accomplished in an autoclave with at
least fifteen (15) pounds pressure per square inch (251F) for at least 15 minutes. Other
means of sterilization may be approved by the Health Officer. (3237-7/94)
(e) All sterilized dyes, pigments and equipment shall be stored in a manner which will insure
sterility at the time of use. (3237-7/94)
(f) Proprietors shall maintain sufficient sterilized equipment available at the beginning of each
workday to allow completion of such workday without requiring resterilization of such
equipment. (3237-7/94)
• 8.70.050 Maintenance of stencils. No stencil., whether new or used, shall be retained in a
manner available for use in any tattooing operation unless it has been precleaned and disinfected in
the following manner: (3237-7/94)
(a) Each stencil must be precleaned by being scrubbed with soap and brush to the extent
necessary to remove all accumulations of carbon and petroleum jelly in the etched grooves of
the stencil. (3237-7/94)
(b) Each stencil, after being precleaned and dried, must be disinfected by being soaked, design-cut
side down, in a closed container of seventy percent (70%) alcohol for not less than thirty(30)
minutes at room temperature. (3237-7/94)
(c) Each stencil, after being disinfected, shall be air dried for not less than thirty (30)minutes by
being suspended in a manner exposing both sides to the air, and thereafter shall be stored for
next use in a clean envelope. (3237-7/94)
8.70.060 Tattooing operations -- Skin condition of customers. No tattooing operation shall
be performed on skin surface areas containing any rash, pimples, boils, or infection or otherwise
manifesting any evidence of unhealthy conditions. (3237-7/94)
8.70.070 Tattooing operations -- Health history of customers. No tattooing operation shall
be performed except after inquiry has been made as to whether the customer has had a history of
• jaundice or hepatitis, nor in the case when the customer discloses that he has had a history. The
Tattoo Operator shall inform the customer of any potential health risks involved whenever the
skin is violated as required by the Health Officer. (3237-7/94)
7/94
8.70.080-8.70.140(c) Huntington Beach Municipal Code
8.70.080 Tattooing operations-- Health conditions of Operator. No tattooing operations
shall be performed unless the Operator is free of communicable diseases and pustular skin lesions.
(3237-7194)
8.70.090 Tattooing operations -- Smoking. No Operator shall smoke while performing a
tattooing operation. (3237-7/94)
8.70.100 Tattooing operations --Apparel of Operator. The Operator must wear a clean,
light-colored, short-sleeved smock while performing the tattooing operation. (3237-7/94)
8.70.110 Tattooing operations -- Cleanliness of Operator. No Operator shall perform a
tattooing operation with unclean hands. For purpose of this paragraph hands shall not be
considered clean unless they have been thoroughly washed with soap from a single service
dispenser and warm water, vigorously rubbing all surfaces of lathered hands for at least ten(10)
seconds, followed by thorough rinsing under a stream of water. Hands shall be dried using single
service towels from a dispenser or hot air blower. If a liquid soap is used, the dispenser shall be
cleaned and filled with fresh soap only when empty. (3237-7/94)
Tattoo Operators shall wear protective gloves while handling needles or blades, or doing any
procedure that may cause bleeding. Gloves shall be discarded between each customer. (3237-7/94)
8.70.120 Tattooing operations -- Shaving. No tattooing operation involving shaving shall be
performed unless.the skin is washed with soap prior to the shaving and unless the blade used in
shaving is previously unused and unless the blade holder has been autoclaved since its previous
use. (3237-7/94)
8.70.130 Tattooing operations -- Skin preparation. No tattooing operations shall be
performed unless the skin is adequately prepared prior to the operation. For purposes of this
paragraph, skin shall be considered properly prepared if it is thoroughly washed with soap
following shaving and thereafter scrubbed gently three (3) times with seventy percent (70%)
isopropyl alcohol, using a separate sterile gauze pad each such time; and no alternate method of
skin preparation shall be considered adequate unless approved in writing by the Health Officer.
(3237-7/94)
8.70.140 Tattooing operations -- Use of stencils. No tattooing operation involving the use of
stencils shall be performed unless all of the following requirements have been complied with:
(3237-7/94)
(a) Each stencil must be precleaned pursuant to Section 8.70.050. (3237-7/94)
(b) Each stencil, having been precleaned, must be wiped with sterile gauze soaked in seventy
percent (70%) alcohol and air dried immediately prior to its use in the tattooing operation.
(3237-7/94)
(c) Petroleum jelly used for stencils must be obtained from a collapsible tube which has not
previously been used in any tattooing operation and must be applied to the skin with a sterile
gauze which has not previously been used. (3237-7/94)
7/94
Huntington Beach Municipal Code 8.70.150-8.70.200(b)
8.70.150 Tattooing operations -- Use of approved dam. No tattooing operation shall be
performed using dyes or inks of a type that has been disapproved for use by the Health Officer
pursuant to Section 8.70.030. (3237-7/94)
8.70.160 Tattooing operations -- Use of sterile dyes. No tattooing operation shall be
performed unless the following requirements have been complied with- .(3237-7/94)
(a) The dye or ink used for the tattoo must be obtained from presterilized dye or ink bottles and,
prior to the tattooing operation, aseptically transferred from such bottles into sterile paper
cups which have not previously been used in any tattooing operation. No refilling of the dye
cup is permitted. (3237-7/94)
(b) No dye or ink shall be used in which needles used on another person have been dipped.
(3237-7/94)
8.70.170 Tattooing operations -- Use of sterile equipment. No tattooing operation shall be
performed using equipment that has not been cleaned and sterilized in the manner set forth in
Section 8.70.040. (3237-7/94)
8.70.180 Tattooing operations -- Discarding of certain equipment. Operators can discard the
following items immediately after use in any tattooing operation. (3237-7/94)
(a) Blades used in shaving. (3237-7/94)
(b) Tubes and gauze used in application of petroleum jelly used for stencils. (3237-7/94)
(c) Paper cups used for dye or ink. (3237-7/94)
8.70.190 Inspections -- Health Services fee schedule. The County Health Officer shall
periodically make inspections of tattooing establishments located in the City of Huntington Beach
to determine if the proprietor or operator of such establishments are complying with the
provisions of this Chapter. The County shall, by annual Board Resolution, adopt health service
fees to be paid by the proprietor or operator of the tattoo establishment. Such fees to be paid
directly to the County Health Officer and retained by the County as reimbursement for said
services related to this ordinance.. (3237-7/94)
8.70.200 Penalties. Each of the following acts or omissions shall constitute a misdemeanor:
(3237-7/94)
(a) Any performance of a tattooing operation by an Operator in violation of any requirement or
prohibition imposed by this article. (3237-7/94)
(b) Any failure by a proprietor to maintain a tattooing establishment in conformity with the
requirements of this article. For purposes of this subparagraph (b), each day upon which such
a failure to conform occurs shall constitute a separate violation. (3237-7/94)
7/94
Huntington Beach Municipal Code 12.04.010-12.04.020 �
Chanter 12.04
DATUM PLANE
(33-12/09,2022-1/76)
Sections:
12.04.010 Established
12.04.020 Benchmark
12.04.010 Established. The datum plane of this city from which to measure and calculate the
elevation for grades of the avenues and streets of this city, and for other purposes, shall be that
datum plane listed by the National Geodetic Survey as the May 8, 1970 adjustment of the United
States Coast and Geodetic Survey Sea Level Datum of 1929. (33-12/09, 2022-1/76)
12.04.020 Bench mark. The official bench mark of this city is that bronze disk, established by
the United States Coast and Geodetic Survey-National Geodetic Survey and stamped S766
1943, located at the Huntington Beach pier on the northwest side of such pier approximately
forty-five (45)yards southwest of the centerline of Pacific Coast Highway to the top of the
concrete support post, at a right angle in a three (3) foot high guardrail, and approximately 12.5
feet southeast of the center of the steps leading down to the beach. (33-12/09,2022-1/76)
9189
Huntington Beach Municipal Code 17.05 Index
CHAPTER 17.05
GRADING AND EXCAVATION CODE
(3259-11/94)
Sections:
17.05.010 Title
17.05.020 Scope
17.05.030 Grading Manual
17.05.040 Definitions
17.05.050 Grading permits
17.05.060 Grading permit, paving
17.05.070 Grading permit,watercourse alteration
17.05.075 Grading permit,construction
17.05.080 Temporary stockpile permit
17.05.090 Types of grading permits
17.05.100 Enforcement
17.05.110 Violation and penalties
17.05.120 Hazardous conditions
17.05.130 Application for permit
17.05.140 Plans and specifications
17.05.150 Soils and geology reports
17.05.160 Issuance,expiration,and renewal
17.05.170 Denial of permit
17.05.180 Time of grading operations
17.05.190 Responsibility of permittee
17.05.200 Protection of adjoining property
17.05.210 Import and export of earth material
17.05.220 Grading plan check fees
17.05.230 Grading permit fees
17.05.240 Cost recovery fees
17.05.250 Security
17.05.260 Cuts
17.05.270 Fills
17.05.280 Setbacks
17.05.290. Drainage and terracing
17,05.300 Asphalt concrete pavement
.17.05.310 Erosion control system
17.05.320 Erosion control plan
17.05.330 Erosion control maintenance
17.05.340 Inspection authority
17.05.350 Engineer of Record responsibility
17.05.360 Notification of Non-Compliance
17.05.370 Transfer of responsibility for approval
17.05.380 Site inspection by City Inspector
17.05.390 Special inspections
17.05.400 Final reports
17.05.410 Notification of completion
11/94
17.05.010-17.05.040(1) Huntington Beach Municipal Code
17.05.010 Title. This Chapter shall be known as and may be cited as the`City of Huntington Beach
Grading and Excavation Code." `Code"as referred to in this Chapter,unless the context clearly indicates
otherwise, shall mean the`City of Huntington Beach Grading and Excavation Code." (3259-1/94)
17.05.020 Scone, This Code sets forth rules and regulations to control excavation,grading,earthwork and
site improvement construction, and establishes administrative requirements for issuance of permits and
approval of plans and inspection of grading construction. (3259-1/94)
17.05.030 Grading Manual. The Director of Public Works shall formulate and modify as necessary such
rules,procedures,and interpretations as may be necessary or convenient to administer this Chapter. Such
rules,procedures and interpretations shall be referred to as the`City of Huntington Beach Grading Manual'
or the`Grading Manual." In the event of any conflict between said Grading Manual and this Code,the
provisions of this Code shall govern. The provisions of the said Grading Manual shall,to the extern that they
are made conditions of any permit by the Director of Public Works,be binding on the pemvttee. (3259-1194)
17.05.040 Defmitions. (3259-1/94)
(a) Approval,unless otherwise specified, shall mean a written engineering or geological opinion by the
responsible engineer or geologist of record concerning the progress and completion of the work. (3259-
1/94)
(b) AWroved plans shall mean the current grading plans which bear the signature of approval of the
Department of Public Works. (3259-1/94)
(c) Approved testing agency shall mean a facility whose testing operations are controlled and monitored by
a registered Civil Engineer and which is equipped to perform and certify the tests required by this Code,
or the Grading Manual,as determined by the Director of Public Works. (3259-1/94)
(d) Borrow shall mean earth material acquired from an off-site location for use in grading on a site. (3259-
1/94)
(e) City Engineer shall mean the City Engineer of the City of Huntington Beach or a duly delegated
representative. (3259-1/94)
(f) City Inspector shall mean an inspector duly authorized by the Director of Public Works to perform
inspection of grading,concrete placement and related constructed work or other grading related work
approved by the Director. (3259-1i94)
(g) Civil Engineer shall mean a professional engineer registered in the State of California to practice in the
field of civil engineering. (3259-1/94)
(h) Civil Engineering shall mean the application of the knowledge of the forces of nature, principles of
mechanics, and the properties of materials for the evaluation, design, and construction of civil works for
the beneficial uses of mankind. (3259-1/94)
(i) Clearings brushing and grubbing shall mean the removal of vegetation(grass,brush,trees, and mar
plant types)by mechanical means. (3259-1/94)
11/94
Huntington Beach Municipal Code 17.05.040(j)-A7.05.040(w)
0) Compaction shall mean the densification of a fill by mechanical means. (3259-1/94)
• (k) Commercial coach shall mean a vehicle with or without motive power,designed and equipped for
human occupancy for industrial,professional,or commercial purposes,and shall include a trailer coach.
(3259-1/94)
(1) Director shall mean the Director of the City of Huntington Beach Public Works Department or a duly:.
delegated representative. (3259-1/94)
(m)Earth Material shall mean any rock,natural soil fill,or any combination thereof. (3259-vs4)
(n) Enizineeriniz_Geologist shall mean a geologist certified in the State of California,to practice engineering
geology. (3259-1/94)
(o) EnPeering Geology shall mean the application of geologic knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
(3259-1/94)
(p) Erosion shall mean the wearing away of the ground surface as a result of the movement of wind,or
water. (3259-1/94)
(q) Erosion control system shall mean a combination of desilting facilities and erosion protection to protect
adjacent private property,watercourses,public facilities and receiving waters from any abnormal .
deposition of sediment or dust. (3259-1/94)
(r) Excavation shall mean the mechanical removal of earth material. (3259-1/94)
(s) Fill shall mean a deposit of earth material placed by artificial means. (3259-1/94)
(t) Grade shall mean the vertical location of the ground surface: (3259-1/94)
(1) Natural grade is the ground surface unaltered by artificial means. (3259-1/94)
(2) Existing grade is the ground surface prior to grading. (3259-1/94)
(3).Rough grade is the stage at which the grade approximately:conforms to the approved plan.
(3259-1194)
(u) Grading shall mean any excavating or filling. (3259-1/94)
(v) Grading contractor shall mean a contractor licensed and regulated by the State of California who
specializes in grading work or is otherwise licensed to do grading work. (3259-1/94)
(w)Grading permit shall mean an official document or certificate issued by the Director of Public Works or
delegated representative authorizing grading activity as specified by approved plans and specifications.
S (3259-1/94)
11/94
Huntington Beach Municipal Code 17.05.040(x)-17.05.040(jj)
(x) Ifillside site shall mean a site which entails cut and/or fill grading of three(3)feet or more in vertical
height below or above natural ground;or a combination fill-over-cut slope equal to or greater than five
(5)feet in vertical height;or where the existing grade is twenty percent(201/o)or greater. (3259-1/94)
(y) Mobilehome shall mean a structure,transportable in one or more sections,designed and equipped to
contain not more thari two(2)dwelling units to be used with or without a foundation systern:`
Mobilehome does not include recreational vehicle;commercial coach,or factory-built housing. (3259-
1/94)
W Owner shall mean any person,agency,fimn,or corporation having a legal or equitable interest in a given
real property. (3259-1/94)
(aa)Permanent erosion control devices shall mean improvements which remain throughout the life of the
development;they include terrace drains, down drains,slope landscaping, channels,and storm drains.
(3259-1/94)
(bb)Precise grading permit shall mean a permit that is issued on the basis of approved plans which need not
show a structure location,but must show interim building pad drainage to the degree required by the
Director. (3259-1/94)
(cc)Sough grading pernrit shall mean a permit that is issued on the basis of approved plans which need not
show a structure location,but must show interim building pad drainage to the degree required by the
Director. (3259-1/94)
(dd)Semi-permanent erosion control devices shall mean devices which are used primarily during construction
and are not relocateable. They include earthen berms,concrete spillways,desilting basins,and
riser/outlet pipes. (3259-1/94)
(ee)Site shall mean any lot or parcel of land or contiguous combination thereof,under the same ownership,
where grading is performed or permitted. (3259-1/94)
(1B) Slope shall mean an inclined ground surface,the inclination of which is expressed as a ratio or
percentage. (3259-1/94)
(gg)Soil En ' eer shall mean a civil engineer duly registered in the State of California whose field of expertise
is soil mechanics. (3259-1/94)
(hh)Soil Engineering shall mean the application of the principles of soil mechanics in the investigation,
evaluation, and design of civil works involving the use of earth materials and the inspection and testing of
the construction thereof. (3259-1/94)
(ii) Stockpile shall mean earth material in excess of fifty(50)cubic yards stored for a temporary period of
time upon a lot. (3259-1/94)
Temporary erosion control devices shall mean devices which are removable and can rarely be salvaged
for subsequent reuse. In most cases,they will last no longer than one rainy season. They include
sandbags,gravel bags,plastic sheeting(visqueen), slit fencing, straw bales, and similar items. (3259-1/94)
11194
17.05.040(kk)-17.05.0500) Huntington Beach Municipal Code
(kk)Terrace shall mean a relatively level step constructed in the face of a graded slope surface for drainage
• and maintenance purposes. (3259-1/94)
17.05.050 Grading permits. No person shall conduct any grading,clearing,brushing,or grubbing on
natural or existing grade that is preparatory to grading,without first having obtained a grading permit from
the Director. Exceptions to this requirement areas follows or as otherwise determined by the Director:
(3259-1/94)
(a) An excavation below finished grade for basements and footings of a building,mobilehome,retaining
wall,or other structure authorized by a valid building permit or construction permit. This shall not
exempt any fill made with the material from such excavation nor exempt any excavation having an
unsupported height greater than five(5)feet after the completion of such structure. This shall not
prohibit a minimum fee grading permit or soil or geologic report from being required for foundation
design and inspection purposes when,in the opinion of the Director,soil stability or flooding
considerations warrant such inspection. (3259-1/94)
(b) Cemetery graves. (3259-1/94)
(c) Refuse disposal sites controlled by other regulations. (3259-1/94)
(d) Earthwork construction regulated by the Federal, State,County,or City Governments,or by any local
agency as defined by Government Code Section 53090 through 53095(special districts),pipeline or
conduit excavation and backfill conducted by local agencies or public utilities,earthwork construction
performed by railway companies on their operating property. This exemption,however,shall apply only
when the earthwork construction takes place on the property,dedicated rights-of-way,or easements of
the above agencies. (3259-1/94)
(e) Excavation and backfill for installation of underground utilities by public utilities or companies operating
under the authority of a franchise or public property encroachment permit. (3259-1/94)
(f) Mining, quarrying,excavating,processing, stockpiling of rock, sand,gravel,aggregate or clay where
established and provided for by law,provided such operations do not affect the lateral support or
increase the stresses in or pressures upon any adjacent or contiguous property. (3259-1/94)
(g) Exploratory,excavations under the direction of soil engineers or engineering geologists,provided all
excavations are properly bacldilled. All such excavations and trenches are subject to the applicable
sections of Title 8 of the State Orders,Division of Industrial Safety. (3259-1/094)
(h) An excavation which does not exceed fifty(50)cubic yards on any one site and which is less than two
(2)feet in vertical depth,or which does not create a cut slope greater than five(5)feet in vertical height
and steeper than two to one vertical(2:1). (3259-1/94)
(i) A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one
vertical(5:1),which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage
• course. (3259-1/94)
(j) A fill less than three(3)feet in depth, not intended to support structures or mobilehomes which does not
exceed fifty(50)cubic yards on any one lot and does not obstruct a drainage course. (3259-1/94)
11/94
Huntington Beach Municipal Code 17.05.OW-17.05.090(a)
17.05.060 Grading permit,paving. No person shall construct pavement surfacing in excess ofthree
thousand(3,000)square feet, on natural or existing grade without a valid grading permit unless waived by •
the Director,or unless a separate improvement plan for such paving is approved by the Director.
Resurfacing or maintenance of paved surfaces shall be exempt from this requirement. (325-91194)
17.05.070 Grading permit,watercourse alteration. No person shall alter an existing watercourse,
channel,or revetment by excavating, or placing fill,rock protection,or,structural improvements without a
valid grading permit unless waived by the Director or performed as interim protection under emergency
flood fighting conditions. (3259-1/94)
17.05.075 Grading permit,construction. No person shall perform any construction,for which a building
permit is required,without a valid grading permit unless waived by the Director. The following building
categories shall be exempt from this requirement,provided that such construction does not alter an existing
watercourse,channel or revetment:roofing,block walls,swimming pools,patio covers,driveways or on-site
paving less than three thousand(3,000)square feet in area,patio enclosures less than four hundred(400)
square feet in area, and building additions less than four hundred(400)square feet in area.(3259-1/94)
17.05.080 Temporary stockpile permit. (3259-1/94)
(a) The City may issue a temporary stockpile permit,in lieu of a grading pen-nit,to stockpile soil on a lot or
parcel upon the submission of an application for a temporary stockpile permit by the owner of such lot,
or by the owner's authorized agent. A site plan of the lot snowing the area in which the stockpile is to be
placed and the approximate amount of soil to be stockpiled shall.be'required. (3259-1/94)
(b) Soil so stockpiled shall not be disturbed or leveled until a regular grading permit has been obtained for
such work. The placement of the stockpile shall not adversely affect the safety,use, or stability of any
structure,nor create a nuisance because of dust or erosion therefrom,nor block a public way or drainage
course;nor shall such placement of stockpile material constitute a hazard to public welfare or endanger
property. Stockpiling in a residential zone may be permitted under this section for purposes of providing
fill material to be used on-site only. Stockpiling in residential zones for purposes of selling of material
shall be prohibited. (3259-1/94)
(c) The temporary pen-nit shall expire one(1)year after issuance thereof. A new permit shall be required
annually. (3259-1/94)
(d) The permit fee for stockpiling shall be established by resolution of the City Council. (3259-1/94)
17.05.090 Tomes of grading permits. Either a rough grading permit or a precise grading permit may be
issued for grading work upon completion of an application in accordance with the Grading Manual and
approval by the Director. The rough or precise grading permit is the option of the permittee provided that
the plans satisfy the requirements of the Grading Manual. Building permits may be issued in accordance with
(a)and(b)below: (3259-1/94)
(a) Building permits may be issued for a site graded under a valid precise grading permit upon completion •
and approval of rough grade inspection as specified in Section 17.05.380,`Site Inspection by the city
Inspector." (3259-1/94)
11/94
17.05.090(b)-17.05.120(c) Huntington Beach Municipal Code
(b) Building permits shall not be issued for a site graded under a rough grading permit until a precise grading
permit has been issued and the provisions of(a)have been satisfied. (3259-1/94)
17.05.100 Enforcement. Whenever any building or grading work is being done contrary to the provisions
of this Code or the Grading Permit,the Director may order the work stopped by notice,in writing,served on
any persons engaged in the doing or causing such work to be done,and any such persons shall forthwith
stop such work until authorized by the Director to proceed with the work. (3259-1/94)
17.05.110 Violations and penalties. (3259-1/94)
(a) It shall be unlawful for any person,firm,or corporation to do grading in the City of Huntington Beach,
or cause the same to be done,contrary to or in violation of any ofthe provisions of this code. (3259-1/94)
(b) The issuance of a building permit,performance of building permit inspections,or issuance of a certificate
of use and occupancy,may be withheld for property on which a violation of the provisions of this Code
exists,including work performed not in accordance with approved grading plans,until such violation has
been corrected or mitigated to the satisfaction of the Director. The Director shall consult,as
appropriate,with the Director of Community Development. (3259-1/94)
(c) Any person,firm,or corporation violating any of the provisions of this Code shall be deemed guilty of a
misdemeanor,and each such person shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of any of the provisions of this Code is committed,
continued, or permitted;and upon conviction of any such violation;such person shall be punishable by a
fine of not more than $500 or by imprisonment for not more than six(6)months,or by both such fine
and imprisonment for each offense. (3259-1/94)
17.05.120 Hazardous conditions. (3259-1/94)
(a) Existence: Hazardous conditions exist when the state of any natural ground,natural slopes,excavation,
fill, or drainage device,all of which exist on public or private property,is a menace to life or limb,or a
danger to public safety,endangers or adversely affects the safety,usability or stability of adjacent
property, structures,or public or private facilities. (3259-1/94)
(b) Examination: The Director may examine or cause to be examined every condition reported as
hazardous as set forth in subsection(a)ofthis section. (3259-1/94)
(c) Notice of Hazardous Condition Hearin: In any case where a hazardous condition is found by the
Director,the Director shall give notice, setting forth the finding to all owners of the property affected by
the hazardous condition,authorized representative of the owners or a permittee under any active permit
which gives permittee control of the property issued pursuant to this Code,hereinafter referred to as
`bwnee' of such required corrective work.The notice may state the time and place of a hearing to be
held if the owner fails to comply with any demand for corrective work or reports,The purpose of the
hearing would be for the presentation of evidence concerning the hazardous conditions and demand for
corrective work or submission of reports. The notice shall set forth the right of the owner to be present
• at the hearing and introduce such relevant evidence on the issues. If the time and place of any hearing
scheduled for the presentation of evidence is not included in the initial notice(s),it shall be included in a
subsequent notice. (3259-1/94)
11/94
Huntington Beach Municipal Code 17.05.120(d)-17.05.120(i)
(d) Evidence: At the time and place so specified for the hearing, evidence shall be submitted as to the facts
of any condition as to reasonably establish its existence,and the Director or designee,as Hearing Officer,
shall determine whether the facts presented reasonably establish the existence of a hazardous condition to
the satisfaction of the Hearing Officer. (3259-1i94)
(e) Order,Finality, and Appeal: If the Hearing Officer determines the existence of a hazardous condition,
the Hearing Officer shall determine whether such hazards are subject to corrective work and/or the need
for more analysis through the preparation of reports and shall order such work or reports and specify a
completion time. (3259-1M)
(1) Finality of order: The determination and order may be made orally at the hearing and shall be
written and transmitted to the owner within a reasonable time. The determination and order shall
become final within five(5)days,excluding Saturdays, Sundays,and holidays,from the time it is first
rendered. In the event that the owner was not present at the hearing,within five(5)days of the
mailing of the order to the last known address of said owner. (3259-1/94)
(2) Appeal: The owner may,at any time prior to the determination and order becoming final,appeal in
writing the decision of the Hearing Officer to the City Council. (3259-1/94)
(f) Completion of Work: The owner shall,following the finality of the determination and order of the
Hearing Officer,or if appealed,the determination and order of the City Council,commence the
corrective action ordered or preparation of reports;and such work or submissions shall be completed
within the specified time. (3259-1/94)
(g) Failure to Complete Work: If the owner neglects or fails to complete the corrective work or submit the
reports ordered by the Hearing Officer or City Council within the specified time,the Director may, (3259
1/94)
(1) cause the work to be performed or reports to be prepared or, (3259-1/94)
(2) advise the owner of the need for corrective work and warn him/her that in the absence of such
con ective work, subsequent future hazards may occur which could result in an order to vacate the
premises. (3259-1/94)
Nothing in this subsection shall be construed to limit the type of remedy or relief which the Director may
have under any other provision oflaw. (3259-1/94j
(h) Costs: Costs incurred by the City to perform any corrective work or prepare reports under subsection
(g)above, shall be charged to the owner. The Director may apply to the City Council to cause the costs
to be paid and levied as a special assessment against the property and collected in a manner provided for
special assessments. (3259-1/94)
(i) Vacation of propertv: If necessary,the notice and order in subsection(c)or(e)of this section shall
include the requirement that the property,a portion thereof or adjacent sites be vacated within a
specified time, in the interest of public safety, pending the finality of any determination and order for •
completion of corrective work. (3259-1/94)
11/94
17.05.120(j)-17.05.130(b) Huntington Beach Municipal Code
(j) Notice: The Director shall cause the property to be posted at conspicuous locations with a notice
containing at least the following: (3259-1/94)
UNSAFE TO OCCUPY DO NOT ENTER
Director of.Public Works
CITY OF HUNTINGTON BEACH.
Date Posted
Said posted notice may also contain the date,time,and place of the hearing and the name, address, and
telephone number of the Office of The Director where additional information may be obtained. Such
posted notices shall remain posted until any necessary corrective work is completed. Such posted
notices shall not be removed without written permission of the Director,and no person shall enter the
property except for the purpose of making the required corrections or preparing reports. (3259-1/94)
(k) Service of Notices: The notices and order required by subsections(c)and(e)ofthis section may be
served either: (3259-1/94)
(1) By mailing a copy by certified mail,return receipt requested,to the owner's address as designated on
papers,applications,or pen-nits on file with the City of Huntington Beach-,or (3259-1/94)
• (2) By personally,delivering a copy to the owner's address as designated on papers,applications,or
pemvts on file with the City of Huntington Beach;or (3259-1i94)
(3) If the owner is absent from his place of residence and from his usual or designated place of business,
by leaving a copy with some person of suitable age and discretion at either place,and sending a copy
by certified mail,return receipt requested,addressed to the owner or authorized representative at his
place of residence;or (3259-1/94)
(4) If such place of residence and business cannot be ascertained,or a person of suitable age or
discretion there cannot be found,then by affixing a copy in a conspicuous place on the property,
building or structure and also delivering a copy to a person there residing,if any,or to the person in
charge,if any,and also sending a copy by certified mail,return receipt requested,addressed to the
owner at the place where the property,building or structure is situated,or to the owner at his last
known or designated address,or both. (3259-1/94)
17.05.130 Application for permit. (3259-1/94)
(a) To obtain a grading permit,the applicant must first file an application in writing on a form furnished by
the Director. The permit application shall be accompanied by information required by the Director and
as specified in the Grading Manual. (3259-1/94)
(b) Applications for which no permit is issued within 180 days following the date of application shall expire
by limitation,and plans submitted for checking may thereafter be returned to the applicant or destroyed
11/94
Huntington Beach Municipal Code 17.05.130(b�-17.05.160
by the Director. The Director may extend the time for action by the applicant for a period not exceeding
180 days upon written request by the applicant,showing that circumstances beyond the control of the
applicant have prevented action from being taken. In order to renew action for an application,after
expiration,the applicant shall resubmit plans and pay a new plan check fee. (3259-1/94)
17.05.140 Plans and specifications. (3259-1/94)
(a) Each application for a grading permit shall be accompanied by plans and specifications,and supporting
data consisting of soil engineering and engineering geology reports when required by the Director.
(3259-1/94)
(b) Plans and specifications shall be prepared and signed by a Civil Engineer,unless otherwise approved by
the Director. (3259-1/94)
17.05.150 Soils and geology reports. (3259-1/94)
(a) A soil engineering and engineering geology report shall be required for grading projects,unless
otherwise waived by the Director. The reports shall include information appropriate for the site
including any information required by the Director. Recommendations included in the reports,and
approved by the Director shall be incorporated in the grading plans or specifications. (3259-1/94)
(b) Soils clean up must comply with Huntington Beach Fire Code Section 80.105(e)and Fire Department
Specification No.431-92-responsibility for mitigation and clean up of contaminated soil. (3259-1/94)
17.05.160 Issuance,expiration,and renewal Every permit issued shall be valid fora period oftwo(2)`.
years from the date of issuance,except as specified in Subsection(a)and(b)below: (3259-1/94)
(a) Every permit issued shall expire by limitation and become void if the work authorized by such permit is
not commenced within 180 days from the date of such permit,or if the work authorized by such permit
is suspended or abandoned at any time after the work is commenced for a period of 180 days. The
Director may extend the 180 day expiration time limit on permits not to exceed two(2)successive
periods of 180 days each,upon written request by the applicant showing that circumstances beyond the
control of the applicant have prevented action from being taken. (3259-1/94)
(b) A permit issued hereunder shall expire upon a change of ownership if the grading work thereon,for
which said permit was issued,has not been completed,and a new permit shall be required for the
completion of the work. If the time limitation of(a)of this section is not applicable,and if no changes
have been made to the plans and.specifications last submitted to the Director,no charge shall be made
for the issuance of the.new,permit under such circumstances. K however,changes have been made to
the plans and specifications last submitted to the Director,fees based on the valuation of the additional
work,additional yardage,and necessary plan checking shall be charged to the permit applicant.
(3259-1/94)
The Director may require that grading operations and project designs be modified if delays occur which
include weather related problems not considered at the time the permit was issued,and further subject to the
provisions of Section 17.05.170,`Denial of Permit,"of this Code. If the permittee is unable to complete the
work by the end of a two(2)year period,the Director may renew the grading permit on an annual basis for a
fee of one-half the amount required for the original permit for such work, provided no changes have been
made in the original plans and specifications for such work. (3259-1/94)
11/94
17.05.170-17.05.210 Huntington Beach Municipal Code
17.05.170 Denial of permit (3259-1/94)
(a) The Director shall not issue a permit in any case where it is found that the work as proposed by the
applicant is liable to constitute a hazard to property or result in the deposition of debris on any public or
private way or interfere with any existing drainage course. If it can be shown to the satisfaction of the
Director that the hazard can be essentially eliminated by the construction of retaining structures,buttress
fills,drainage devices or by other means,the Director may issue the permit with the condition that such
work be performed. (3259-1/94)
(b) If,in the opinion of the Director,the land areas for which grading is proposed is subject to geological or
flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently
reduce the hazard to human life or property,the Grading permit shall be denied. (3259-1/94)
(c) The Director may require plans and specifications to be modified in order to mitigate anticipated adverse
environmental effects of proposed grading projects. The Director may,under circumstances where the
significant adverse environmental effects of the proposed gradmg project cannot be mitigated,deny the
issuance of a grading permit. (3259-1/94)
(d) The Director may require plans and specifications to be modified in order to make them consistent with
the City of Huntington Beach General plan, Specific Plans,Zoning Code or other rules,regulations,or
conditions applicable to the project. The Grading Permit may be denied if the proposed project cannot
be designed in accordance with these rules,regulations,or conditions. (3259-1/94)
17.05.180 Time of grading omrafions. Grading operations shall not be conducted between the hours of
8:00 PM and 7:00 AM nor on Sundays and federal holidays. The Director may,however,permit grading or
equipment operations during specific hours after 8:00 PM or before 7:00 AM and on Sundays and federal
holidays if it is determined that such operations are not detrimental to the health,safety,or welfare of the area
residents. Permitted hours of operation may be shortened by the Director's finding of a previously
unforeseen effect on the health,safety,or welfare of the surrounding community. However,no permit that
has been issued,nor any provision of this section, shall be construed to be a waiver of the applicability of the
provisions set forth in Chapter 8.40 of the Huntington Beach Municipal Code relating to noise control.
(3259-1/94)
17.05.190 Responsibility of uermittee. It shall be the responsibility of the pemuttee to be knowledgeable
of the conditions and restrictions of the Grading Permit as outlined in applicable sections of this Code,the
Grading manual,and,as contained on the approved grading plans:and in the approved soil and geology
reports. The pernuttee shall also be responsible to maintain,in an obvious and accessible location on the site,
a copy of the grading plans bearing the stamp of approval of the Director. (325&1/94)
17.05.200 Protection of adjoining property. Each adjacent owner is entitled to the lateral and subjacent
support which his land receives from the adjoining land, subject to the right of the owner of the adjoining
land to make proper and usual excavations on the same for purposes of construction or improvements as
provided by law. (3259-1/94)
17.05.210 Import and export of earth materiaL Where an excess of 5,000 cubic yards of earth per
project site is moved on public roadways from or to the site of an earth grading operation, all the following
requirements shall apply: (3259-1/94)
11/94
Huntington Beach Municipal Code 17.05.210(a)-17.05.250(a)
(a) Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust
resulting from the loading or transportation of earth from,to,or within the project site on public
roadways. The pemvttee shall be responsible for maintaining public rights-of-way used for handling
purposes in a condition free of dust,earth or debris attributed to the grading operation. (3259-1194)
(b) Loading and transportation of earth from or to the site must be accomplished within the limitations
established in Section 17.05.180,`Time of Grading Operations;"ofthis Grading Code. (3259-1/94)
(c) Access roads to the premises shall be only at points designated on the approved grading plan. (3259-1/94)
(d) The last fifty(50)feet ofthe access road,as it approaches the intersection with the public roadway,shall
have a grade not to exceed three percent(3%)and be constructed of gravel or equivalent material to
prevent mud and debris from dropping from wheels onto street travel lanes. There must be 300 feet
clear,unobstructed sight distance to the intersection from both the public roadway and the access road.
Ifthe 300 feet sight distance cannot be obtained,flagmen shall be posted. (3259-1/94)
(e) A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the
entrance of the access road to the public roadway. (3259-1/94)
(f) An advance warning sign must be posted on the public roadway 400 feet on each side of the access
intersection,carrying the words`Truck Crossing." The sign shall be diamond shaped, each side being
thirty(30)inches in length,shall have a yellow background,and the letters thereon shall be five(5)inches
in height. The sign shall be placed six(6)feet from the edge ofthe pavement,and the base of the sign
shall be five 5 .feet above the pavement level. The advance sign shall be covered or removed •
O P wig Sri
when the access intersection is not in use. (3259 1/94)
(g) If the grading project includes the movement of earth material to or from the site in an amount
considered substantial by the Director,the permdtee shall submit the haul route for review and approval
by the Director. The Director may require,as a special condition ofthe grading permit,alternate routes
or special requirements in consideration ofthe possible impact on the adjacent community environment
or effect on the public right-of-way. (3259-1/94)
17.05.220 Grading plan check fees. The applicant shall pay a plan check fee as established by resolution
ofthe City Council and as provided in the Grading Manual at the time an application for a grading permit is
made. (3259-1/94)
17.05.230 Gradinz permit fees. A fee for each grading permit shall be paid prior to issuance of a grading
permit as established by resolution ofthe City Council and as provided in the Grading Manual. (3259-1/94)
17.05.240 Cost recovery fees. If the city performs emergency work on private property,the property
owner shall be charged all direct and indirect costs which are necessary to complete the work to the
Director's satisfaction. In addition,the Director may charge a mobilization cost equal to ten percent(10%)
ofthe cost for performing the work. (3259-1/94)
17.05.250 Security. (3259-1/94)
(a) A grading permit shall not be issued unless the permittee shall first post with the Director security in a
form and amount set forth in the Grading Manual. The security is required to assure that the work,if not
11/94
17.05.250(a)-17.05.260 Huntington Beach Municipal Code
completed in accordance with approved plans and specifications,will be corrected to eliminate
hazardous conditions. This requirement may be waived at the discretion of the Director if it is
determined that: (3259-1/94)
(1) No hazardous situation is likely to occur as a result of incomplete or improper grading,and
(3259-1/94)..
(2) No adverse effect is likely to occur to subject property,adjacent property, or an existing or proposed
structure thereon as a result of incomplete or improper grading,and (3259-1/94)
(3) No significant drainage,erosion,flooding,or siltation problems will exist as a result of incomplete or
improper grading,and (3259-1/94)
(4) No adverse geological or environmental impacts will occur as a result of incomplete or improper
grading,and (3259-1/94)
(5) No conditions of the permit warrant a financial guarantee to assure their satisfactory completion.
(3259-1/94)
(b) Multiple Projects: On developments where progressive individual grading projects or several concurrent
projects are being constructed by one owner,a continuing(blanket)form of security which will cover all
such projects may be accepted and the amount determined by the Director. (3259-1/94)
(c) Additional Security: Additional security in an amount deteimmined by the Director may be required to
• ensure the completion of finish ' under the ' as a condition of occupancy and energizing
P Sr' P� P cY leg
utilities. Security in an amount determined by the Director may be required for pen-nits involving
temporary earthen stockpiles to ensure their timely removal. (3259-1/94)
(d) Failure to Complete Work: In the event of failure to comply with all of the conditions and terms of the
permit,the Director may order the work authorized by the permit to be completed or put in a safe
condition. (3259-1/94)
(e) Default in Performance of Conditions: Whenever the Director finds or determines that a default has
occurred in the performance of any requirement of a condition of a permit,or there is a f0ure to comply
with an order issued pursuant to subdivision(d),written notice thereof shall be given to the pernmittee
and,when applicable,to the surety on the bond or other.security. Such notice shall specify the work to
be done,.the,estimated cost thereof, and the period of time deemed by the Director to be reasonably
necessary for the completion. After receipt of such notice,the permittee and,if applicable, surety,shall
within the time specified, cause or require the work to be performed. If the work is not performed,the
estimated cost of performing the work shall be demanded from the surety or,if there is no surety,
obtained from the security,and the Director shall cause such work to be performed and completed. The
cost of the work shall include a mobilization charge as specified in Section 17.05.240. (3259-1/94)
17.05.260 Cuts. Cut slopes shall be no steeper than two horizontal to one vertical(2:1)unless otherwise
recommended in the soil engineering or engineering geology report and approved by the Director. The slope
of cut surfaces shall be no steeper than is safe for the intended use: (3259-1/94)
11/94
Huntington Beach Municipal Code 17.05.270-17.05.310(fl
17.05.270 Fills. Fill slopes shall be no steeper than two horizontal to one vertical(2:1)unless otherwise •
recommended in the soil engineering or engineering geology report and approved by the Director. The slope
of fill surfaces shall be no steeper than is safe for the intended use. (3259-1/94)
17.05.280 Setbacks. Structures shall be set back from the tops and toes of slopes as specified in the
Grading Manual. (3259-1t94)
17.05.290 Drainage and terracing. Drainage facilities and terracing shall conform to the provisions of the
Grading Manual unless otherwise approved by the Director and delineated on the approved grading plan.
(3259-1/94)
17.05.300 Asphalt concrete pavement. (3259-1/94)
(a) Asphalt concrete pavement for surfacing of parking lots, private streets,or other similar uses shall
conform to the provisions of the Grading Manual unless otherwise approved by the Director.(3259-1/94)
(b) The site soil engineer or special inspector shall inspect the construction of asphalt paved areas and verify
to the Director that the work was performed in compliance with the provisions of this section. (3259-1/94)
17.05.310 Erosion control system. (3259-1/94)
(a) The faces of cut and fill slopes and the project site shall be prepared and maintained to control erosion in
accordance with this Code..(3259-1/94)
(b) Where necessary,temporary or permanent erosion control devices such as desilting basins,check dams,
riprap,or other devices or methods as approved by the Director, shall be employed to control erosion
and provide safety during the rain season,from October 15 to April 15. (3259-1194)
(c) No grading work in excess of 200 cubic yards will be allowed between October 15 and April 15 on a
grading site under permit unless an erosion control system has been approved or waived by the Director.
(3259-1/94)
(d) Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition free
of loose soil,construction debris,and trash. Street sweeping or other equally effective means shall be
used on a regular basis to prevent storm flows from carrying sediment and debris outside the project
boundaries. Watering shall not be used to clean streets except for fine material not otherwise removed
by sweeping or other mechanical means.(3259-1/94)
(e) Unless otherwise approved by the Director,the owner shall be required to retain a civil engineer who
will be responsible for the design of all erosion control improvements and initial approval of the
installation of permanent and semi-permanent erosion control devices during each rainy season,until the
work authorized by the permit is given final approval. The owner shall retain the civil engineer to
periodically review the field condition and modify,as needed,the design of the permanent and.semi-
permanent erosion control devices during the rainy season. Installation and maintenance of all erosion
control devices shall be the responsibility of the owner. (3259-1/94)
( Desilting facilities shall be provided and maintained by the owner at drainage outlets from the graded site.
(3259-1/94)
11/94
17.05.310(g)-17.05.330(e) Huntington Beach Municipal Code
(g) Desilting basins shall be designed to provide a minimum desilting capacity equal to the current City of
Huntington Beach standards.(3259-1/94).
(h) Equipment and workers for emergency work shall be made available at all times during the rainy season.
Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid
constriction of temporary devices when rain is imminent. (3259-1/94)
(i) Erosion protection shall consist of effective planting of all slopes in excess of five(5)feet high unless
otherwise approved by the Director. Slopes exceeding fifteen(15)feet in height may require an adequate
sprinkler system,as determined by the Director. Protection for slopes shall be installed as soon as
practicable. Effective planting shall be installed,fully germinated, and effectively cover the required
slopes prior to final approval,unless otherwise approved by the Director. (3259-1/94)
(j) Design or erosion control provisions shall consider drainage patterns during present and future phases of
grading throughout the rain season.(3259-1/94)
(k) All removable protective devices shown shall be in place at the end of each working day when the three
(3)day rain probability forecast exceeds forty percent(40%). (3259-1/34)
(1) Graded areas around the project site perimeter shall drain away from the face of slopes at the conclusion
of each working day.(3259-1/94)
17.05.320 Erosion control plans. Erosion control plans'prepared by the'engineer of record and in
accordance with provisions of the Grading Manual shall be submitted to the Director for approval by
September 15 of each year for projects under grading permit. The erosion control plan may be waived for
grading projects on single residential lot projects providing that an erosion control system,meeting the
approval of the Director,has been installed,placed,planted,or constructed before October 15.(3259-1/94)
17.05.330 Erosion control maintenance. (3259-1/94)
(a) After each rainstorm the owner shall ensure that silt and debris is removed from check berms and
desilting basins and that basins are pumped dry. (3259-1/94)
(b) After each rainstorm,the performance of the erosion control system shall be evaluated and repaired as
necessary. (3259-1/94)
(c) Devices shall not be moved or modified without the approval of the Director.(3259-1/94)
(d) The owner shall take necessary precautions to prevent public trespass onto areas where impounded
water creates a hazardous condition.(3259-1/94)
(e) The owner shall be responsible for continual maintenance of the devices during the rain season. In the
event of failure or refusal by the owner to properly maintain the devices,the Director may cause
emergency maintenance work to be done to protect the adjacent private and public property. The cost
shall be charged to the owner and shall include an initial mobilization cost,and the cost of doing the
work. (3259-1/94)
11/94
Huntington Beach Municipal Code 17.05.330(f -17.05.370
(f) If any grading subject to Section 17.05.060,`Grading permits,"of this code is commenced on private
property without a valid grading permit,the owner may be required to prepare and implement an erosion
control plan wliich has been approved by the Director. In the event of failure by the owner to install an
approved erosion control system,the director may cause emergency work to be done to protect adjacent
private and public property. The procedures of Section 17.05.120,`Hazardous condition,"ofthis Code,
need not apply for emergency erosion control work between October,15 and April 15 The.cost shall be
charged to the owner:in accordance with item(e)of this section. (3259-1/94)
17.05.340 Inspection authority. All grading operations for which a permit is required shall be subject to
inspection by the Director.(3259-1194)
17.05.350 Engineer of Record responsibility. (3259-1/94)
(a) It shall be the responsibility of the Civil Engineer of record who prepares the grading plan approved by
the Director,to incorporate all recommendations from the soil engineering and engineering geology
reports into the grading plan. The Engineer ofRecord shall be responsible for the professional inspection
and approval of the grading within his other area of technical specialty. This responsibility shall include,
but need not be limited to,inspection and approval line,grade,and drainage of the development area.
The Engineer of Record shall be responsible for the preparation of revised plans, erosion control plans,
and the submission of as-graded grading plans,when required by the Director upon completion of the
work.(3259-1/94)
(b) The.Soil Engineer's area of responsibility shall include,but-need not be limited to,the professional
inspection and approval concerning the preparation of ground to receive fills,testing for required
compaction, stability of all finish slopes,design of buttress fills,subdrain installation,and incorporation of
data supplied by the Engineering Geologist. (3259-1/94)
(c) The Engineering Geologist's area of responsibility shall include,but need not be limited to,professional
inspection and written approval of the adequacy of natural ground for receiving fills,the stability of cut
slopes with respect to geological matters,and the need for subdrains or other ground water drainage
devices. The Engineering Geologist shall report findings to the soil Engineer and the Civil Engineer for
engineering analysis. (3259-1/94)
(d) The Director may inspect the project at various stages ofwork requiring approval to determine that
adequate control is being exercised by the responsible professionals. (3259-1194)
17.05.360 Notification of non-compliance. If, in the course of fulfilling their responsibility under this
Code,the Civil Engineer,the Soil Engineer,the Engineering Geologist,or the Testing Agency finds that the
work is not being done in conformance with the provisions of the approved specifications and grading plans,
the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to
the Director. Recommendations for corrective measures,if necessary,shall be submitted to the owner. The
owner shall submit two(2)copies of all recommendations and reports to the Director.(3259-1194)
17.05.370 Transfer of responsibility for approval If the Civil Engineer,the Soil Engineer,the
Engineering Geologist,the Testing Agency,or the Grading contractor or Record are changed during the
course of the work,the work shall be stopped unless: (3259-1/94)
11/94
17.05.370(1)-17.05.410 Huntington Beach Municipal Code
(1) the owner submits a letter of notification to the Director verifying the change of the responsible
professional;and(3259-1/94)
(2) the new responsible professional submits in writing to the Director that he or she has reviewed all prior
reports and plans(specified by date and title)and work performed by the prior responsible professional
and that he or she concurs with the findings,conclusions,and recommendations,and is satisfied with the
work performed. (325s-1/94)
17.05.380 Site inspection by the City Inspector. (3259-1/94)
(a) Prior to the approval of any building or grading plans and specifications,the city Inspector may inspect
the site to determine that the plans and specifications are current and reflect existing conditions. (3259-
1/94)
(b) The contractor or agent shall notify the City Inspector if� during the course of grading operations,
contaminated soil is uncovered. (3259-1/94)
(c) The pemuttee or agent shall notify the city Inspector when the grading operations for which inspection is
required are ready for inspection(3259-1/94)
(d) If the Inspector finds the soil or other conditions not as stated in the approved plans and soil or geology
reports,or as in additional information which was required for issuance of the grading permit,the
Inspector may refuse to allow further work until approval is obtained for.a revised grading plan which
will conform to the conditions. (3259- /94)
(e) The provisions of section 202(d), Stop Orders,of the Uniform Building Code,shall apply to all grading
work,and whenever the City Inspector determines that any work does not comply with the terms of a
permit,or this Code, or that the soil or other conditions are not as stated on the permit,the Inspector
may order the work stopped by notice in writing served on any persons engaged in doing or causing of
such work to be done and any such persons shall forthwith stop such work until authorized by the City
Inspector to proceed with the work. (3259-1)94)
17.05.390 Snecial inspections. The Director may establish special inspection requirements in accordance
with Section 306, Special Inspection of the Uniform Building Code,as amended for special cases involving
grading or paving related operations. Special cases may apply to work,where in the opinion of the Director,
it is necessary to supplement the sources or expertise available for inspection. (3259-1/94)
17.05..400 Final reports. Upon completion of the rough grading work and at the final completion of the
work,the Director may require the written approvals,reports,drawings,and supplements thereto specified
in the Grading Manual. (3259-1/94)
17.05.410 Notification of completion. The per ittee or agent shall notify the City Inspector when the
grading operation is ready for final inspection All work,including installation of all drainage facilities and
their protective devices and all erosion control measures,must be completed in accordance with the final
• approved grading plan and the required reports approved by the Director before final approval of the grading
permit may be given by the City Inspector.(3259-1/94)
11/94
Huntington Beach Municipal Code 17.65.010-17.65.030(a)
Chapter 17.65
FAIR SHARE TRAFFIC IMPACT FEE
(3048-9/90,3477-11/00)
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 maybe 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
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).1 "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.
(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
Share Traffic Mitigation Impact Fee Calculation Method and Justification"prepared by
Hamilton, Rabinovitz &Alschuler, dated September 19, 2000.
11/00
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
Enineering News Record, published by the McGraw Hill.
>1/00
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 tune 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.
11/00
• 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 Adiustment. 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 discretiona
ry
permit application for the Development Project, pursuant to the City Zoning
and Subdivision Ordinance; or
1>/00
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.
1 liao
• 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 NEtigatio..n.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
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:
3
(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- f
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 s
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
f
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.
11100
• / 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 cornpliance.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 vo0
4
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
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 Dale Jones, Deputy City Clerk, Records Division
(714) 374 1632
IVlunrc�pal Code s aua�lable on the Inteme- „
http://www.surfcity-hb.org
May 2003
i r
f Huntington Beach Municipal Code 10.84.005--10.84.005(d)
Chapter 10.84
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,
2148-1/77,2175-3/77,2270-3/78,3185-5/93,3376-11/97,3458-5/00,3556-6/02,3602-5/03)
Sections:
10.84.005 Definitions
10.84.010 (Repealed, Ord 3602-5/03)
10.84.015 (Repealed, Ord 3602-5/03)
10.84.020 (Repealed, Ord 3602-5/03)
10.84.025 (Repealed, Ord 2148-1/77, Ord 2059-6/76)
10.84.030 (Repealed, Ord 3602-5/03)
10.84.040 (Repealed, Ord 3602-5/03)
10.84.050 (Repealed, Ord 3602-5/03)
10.84.060 (Repealed, Ord 3602-5/03)
10.84.070 (Repealed, Ord 2148-1/77, Ord 2059-6/76)
10.84.080 Dealer's records
10.84.090 (Repealed, Ord 3602-5/03)
10.84.100 (Repealed, Ord 3602-5/03)
10.84.110 (Repealed, Ord 3602-5/03)
10.84.120 Impounding--Parked bicycles
10.84.130 Impounding--Holding time period
10.84.140 (Repealed, Ord 3602-5/03)
10.84.150 (Repealed, Ord 3602-5/03)
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
10.84.280 Penalty
10.84.005 Definitions. For the purpose of this chapter, the following words and phrases are
defined as follows:
(a) "B icycle 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) "B icycle" 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.
5/03
10.84.005(e)--10.84.210 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)
10.84.080 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,and the frame or serial number. 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, and frame number.
(432-1/40, 1784-12/72, 1969-4/75, 3602-5/03)
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 this code. (1784-12/72, 1913-5/74, 3602-5/03)
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)
10.84.170 Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk,
such person shall yield the right-of-way to any pedestrian, and when overtaking and passing a
pedestrian shall give an audible signal. A person riding a bicycle off a sidewalk and onto a
roadway shall yield to all traffic on the roadway. (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)
5/03
Huntington Beach Municipal Code 10.84.220--10.84.280
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.
(1913-5174,2059-6/76,2148-1/77,2175-4/77)
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)
10
5/00
Huntington Beach Municipal Code 10.84.005--10.84.005(d)
Chapter 10.84
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, 2059-6176,
2148-1/77, 2175-3177,2270-3/78, 3185-5/93,3376-11/97,3458-5/00,3556-6/02)
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
ior 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.
6/02
}
10.84.005(e)--10.84.060(a) 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,
2175-4n7)
.(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 issuanee. 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 first
December 31 subsequent to the calendar year in which such license tag is issued. (432-1/40,
1784-12/72, 1969-4/75,2059-6/76,3556-6/02)
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 in accordance with
California Vehicle Code section 39004 are: (3556-6/02)
(a) For each new bicycle license and registration certificate,the sum shall not exceed four
dollars ($4.00)per year or any portion thereof; (3556-6/02)
6/02
Huntington Beach Municipal Code 10.84.060(b)--10.84.130
(b) For each transfer of ownership which requires a new registration card, the sum shall not
exceed two dollars ($2.00); (3556-6/02)
(c) For reissue of registration card or license tag lost, stolen, destroyed,mutilated or illegible,
the sum shall not exceed two dollars($2.00); (432-1/40, 736-12/59, 1784-12/72, 1969-4/75,
2059-6/76,3556-6/02)
(d) For each bicycle license renewal,the sum shall not exceed two dollars($2.00)per year.
(3556-6/02)
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, 1784-12172,
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, 1913-5174)
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)
6/02
10.84.140--10.84.250 Huntington Beach Municipal Code
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 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)
10.84.170 Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk,
such person shall yield the right-of-way to any pedestrian, and when overtaking and passing a
pedestrian shall give an audible signal. A person riding a bicycle off a sidewalk and onto a
roadway shall yield to all traffic on the roadway. (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 maybe walked or pushed on the pier. (344-1A/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 bicvcle 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)
11/97
Huntington Beach Municipal Code 10.84.260--10.84.280
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.
(1913-5174,2059-6/76,2148-1/77,2175-4/77)
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
r
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
March 2004
Please Remove from Code Please Add to Code
Table of Contents Table of Contents
Chapter 2.56 Chapter 2.56
Chapter 3.03 Chapter 3.03
Chapter 3.04 Repealed Ord. 3628
Chapter 5.36 Repealed Ord. 3619
Chapter 5.44 Chapter 5.44
Chapter 8.60 Chapter 8.60*
Chapter 8.68 Chapter 8.68
Chapter 10.88 Repealed Ord. 3605
Chapter 13.04 Repealed Ord. 3606
Chapter 13.12 Repealed Ord. 3606
Chapter 13.16 Repealed Ord. 3606
Chapter 13.20 Repealed Ord. 3606
Chapter 13.24 Repealed Ord. 3606
Chapter 13.08 Chapter 13.08
Chapter 13.28 Chapter 13.28
Chapter 5.68 Repealed Ord. 3608
Chapter 9.48 Repealed Ord. 3608
Chapter 13.54 new
Chapter 14.12 Chapter 14.12**
Chapter 14.25 Chapter 14.25
Chapter 14.36 Chapter 14.36
Chapter 14.55 Chapter 14.55
*Chapter 8.60 - to correct typographical error 8.06.030 should be 8.60.030.
**Ordinance 1927 was codified into this chapter but was not noted.
The following Ordinances are being codified at this time...
Title 5
Chapter 5.10 Repealed (deleted) by Ord 3603
Chapter 5.12 Repealed (deleted) by Ord 3603
Chapter 5.04 Amended by Ord. 3603
Chapter 5.08 Amended by Ord. 3603
Chapter 5.16 Amended by Ord. 3603
(Chapters 5.10 and 5.12— Please refer to Amended Chapters in Title 5)
Chapter 3.36 Amended by Ord. 3610
Chapter 2.05 Amended by Ord. 3612
Chapter 17.65 Amended by Ord. 3617
Chapter 17.05 Amended by Ord. 3621
Chapter 5.50 Amended by Ord. 3622
Chapter 9.64 Repealed by Ord. 3623
Chapter 9.90 New - Ord. 3623
Chapter 8.70 Repealed by Ord. 3625
Chapter 8.72 New- Ord. 3625
Chapter 12.04 Amended by Ord. 3629
Chapter 1.18 Amended by Ord. 3630
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 Dale Jones, Sr. Deputy City Clerk, Records Division
r �.
7 4) 374 1632
nic/pa%vCode available on the Internetaa
http://vwvw.surfcity-hb.org
HIINTIIVGTONfBEACHAiuICIPAL
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
1.18 Administrative Citations
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
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 Building & Safety
2.33 Department of Planning
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
2.114 Department of Information Services
.7/03 i
TITLE 3
TITLE 3 -REVENUE AND FINANCE
3.02 Purchases of Goods and Services '
3.03 Professional Services
3.04 (Repealed Ord No. 3628-02/04)
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 (Repealed Ord No. 3619-11/03)
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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 (Repealed Ord No. 3608-6/03)
5.70 Sex Oriented Businesses
5.71 Escort Service
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
7.14 Performance of Wild or Exotic Animals for Public Entertainment or Amusement
11/03 11
TITLE 8
TITLE 8-HEALTH AND SAFETY
8.04 Food Handling Establishments
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.21 Refuse Management
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 (Repealed Ord No. 3608-6/03)
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
10103 111
TITLE 10 (Continued)
10.32 Movement of Overloads
10.36 Stops and Yields
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
10.84 Bicycle Regulations
10.88 (Repealed Ord No. 3605 - 06/03)
TITLE 11 -RESERVED
TITLE 12-STREETS AND SIDEWALKS
12.04 Datum Plane
12.08 House Numbers
12.10 Standard Specifications for Public Works Construction
12.13 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 (Repealed Ord No. 3606 - 06/03)
13.08 Beach Regulations
13.12 (Repealed Ord No. 3606 - 06/03)
13.16 (Repealed Ord No. 3606 -06/03)
13.20 (Repealed Ord No. 3606-06/03)
13.24 (Repealed Ord No. 3606 -06/03)
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
13.54 Specific Events
TITLE 14-WATER AND SEWERS
14.08 Service Connections
14.12 Fees, Rates and Deposits
14.16 Water Use Regulations
10/03 iv
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, Charges 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 Uniform Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Huntington Beach 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 Area of Benefit Districts
17.72 Covenants of Easement
. TITLE 18 - RESERVED
10/03 v
Huntington Beach Municipal Code 2.56.010--2.56.030
Chanter 2.56
PUBLIC WORKS DEPARTMENT
(964-6/63,2591-1/83,3319-1/96,3609-07/03)
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 Obiectives. 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)
1/96
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
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)
0) Administration and enforcement of appropriate sections of Title 8, 12, 13 and 14 of the
Huntington Beach Municipal Code. (3609-7/03)
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)
07/03
Huntington Beach Municipal Code 3.03.020--3.03.060(a)
Chapter 3.03
PROFESSIONAL SERVICES
(2047-5/76,2464-12/80,2590-1/83,2945-7/88,3097-4/91,3375-11/97,3511-10/01,3604-06/03)
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, 3511-10/01)
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 as approved by City Council
resolution,vested with the authority to administer the provisions of this Chapter with
respect to contracting for services. (2047-5/76,2590-1/83,3511-10/01,3604-6/03)
(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.
06/03
3.03.060(b)--3.03.080(b) 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. (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; (3511-10101)
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)
10/01
Huntington Beach Municipal Code 3.03.100--3.03.120
3.03.100 Authorization by an department for which
Department artment Directors. The Director of Y P
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)
The complete original of the executed agreement and the names of the consultants who submitted
proposals shall be forwarded to the City Clerk. A complete copy of all approved insurance
certificates and subsequent renewals shall be filed with the Risk Manager. (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)
1oro1
Huntington Beach Municipal Code 5.44.010--5.44.015(c)
Chapter 5.44
RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PERMITS
(1265-12/66, 1444-10/68, 1454-12/68,3213-11/93, Urg.3247-8/94, Urg.3341-10/96,3449-2/2000,3618-11/03)
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 No. 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 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 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
(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.
(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.
(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. .
(1265-12/66, 1454-12/68,2541-3/82,3213-11/93, Urg.3341-10/96)
5.44.015 Entertainment restrictions. The permittee shall:
(a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the
business in any direction; and
(b) restrict the entertainment provided to that entertainment which is specified in the
entertainment permit; and
(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
2/00
5.44.015(d)—5.44.020(c)(3) Huntington Beach Municipal Code
(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
(e) post the permit conspicuously in business premises.
(3213-11/93,3449-2/00)
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. (3449-2/00)
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.
(a) Ambient music. For the purposes of this Chapter, ambient music shall be defined as
prerecorded music which is audible from a distance of no more than ten(10) feet from any
protion of the exterior of the premises.
(b) 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.
(c) 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:
(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.
(b) Live or recorded music where public dancing is permitted.
(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.
(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.
2/00
Huntington Beach Municipal Code 5.44.020(d)—5.44.030(b)(6)
(d) 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.
(e) 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.
"Patron(s)" do not include:
(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;
(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;
(3) persons who conduct entertainment at the subject establishment.
(1265-12/66,2541-3/82, 3213-11/93,3618-11/03)
5.44.030 Entertainment permit--Application.
(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.
(b) Applicants for entertainment permits shall file a written, signed and acknowledged
application with the Business License Department showing:
(1) The true, full name and any other names, including aliases, used by the applicant, and
the permanent address of applicant;
(2) The days of the week, specific hours and address where the entertainment is proposed;
(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;
(4) A statement of the nature and character of applicant's business, if any,to be carried on
in conjunction with such entertainment;
(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;
(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.
2/00
5.44.030(b)(7)—5.44.050(2) Huntington Beach Municipal Code
(7) A floor plan and site plan showing the building interior and grounds, including
parking spaces, and the dimension of each portion.
(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.
(9) A copy of all Conditional Use Permits for the premises.
(10) A copy of any other permits, or entitlements issued to the applicant for this
establishment or use.
(11) A copy of any building or property lease or contract for the address for which the
entertainment will take place.
(12) The name and address of the owner and lessor of the real property upon which the
business is to be conducted.
(13) Acceptable written proof that the applicant is at least eighteen (18) years of age.
(14) The social security number and state driver license or identification card number for
the applicant.
(15) The address to which the Entertainment Permit is to be mailed.
(16) A statement under oath that the applicant has read and understands the provisions of
this chapter.
(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.
(1265-12/66, 1454-12/68,3213-11/93, Urg.3247-8/94,3449-2/00)
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:
(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
(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
2/00
Huntington Beach Municipal Code 5.44.050(3)—5.44.080(c)
(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
(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
(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
(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
(7) All signage conforms to the requirements for that zone, and
(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
(9) The required fee has been paid.
(1265-12/66, 1444-10/68,3213-11/93, Urg.3247-8/94,3449-2/00)
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. (3213-11/93,3449-2/00)
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 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. (1444-10/68,3213-11/93,3449-2/00)
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;
2/00
5.44.080(d)—5.44.100 Huntington Beach Municipal Code
(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)
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:
(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
(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
(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
(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.
(1265-12/66,3213-11/93, 3449-2/00)
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.
(3449-2/00)
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. (3449-2/00)
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. (1265-12166)
02/00
Huntington Beach Municipal Code 8.60.010--8.60.020(e)
Chapter 8.60
CIVIL DEFENSE--EMERGENCY SERVICES
(569-3/51, 1503-7/69, 1757-8/72,2464-12/80)
Sections:
8.60.010 Purposes
8.60.020 Definitions
8.60.030 Council Created
8.60.040 Council--Powers and duties
8.60.050 Director--Office created
8.60.060 Deputy Director--Office created
8.60.070 Director--Powers and duties enumerated
8.60.080 Plan--Formulation
8.60.090 Plan--Contents
8.60.100 Plan--Adoption and amending
8.60.110 Director--Assignment of duties and functions
8.60.120 Plan--Effect
8.60.130 Organization--Creation
8.60.140 Plan--Service Chiefs
8.60.150 Emergency curfew
8.60.160 Expenditures
8.60.170 Violations--Misdemeanor
8.60.010 Purposes. The declared purpose of this chapter is to provide for the preparation and
carrying out of plans for the protection of persons and property in this city in the event of an
emergency; the direction of the emergency organization; and the coordination of the emergency
functions of this city with all other public agencies, corporations, organizations and affected
private persons. (569-3/51, 1503-7/69, 1757-8/72)
8.60.020 Definitions. Unless a different meaning is apparent from the context or is specified
elsewhere in the code, the following definitions shall be used:
(a) "Civil defense" means the preparation for and the carrying out of all emergency functions,
other than functions for which military forces are primarily responsible,to prevent, minimize
and repair injury and damage resulting from actual or threatened enemy attack.
(b) "Civil Defense/Emergency Services Organization" means the organization that prepares for
and carries out emergency planning and civil defense and emergency operations by
government, business and the community in general, in order to prevent, minimize and repair
injury and damage resulting from actual or threatened emergency or civil defense.
(c) "Civil Defense/Emergency Services Plan" means a written document which provides for the
full utilization of all resources of the city,both human and material, during civil defense or
emergency.
(d) "Director" means the Director of Civil Defense and Emergency Services of the city.
(e) "Emergency" means the actual or threatened existence of conditions of disaster or of extreme
peril to the safety of persons and property in this city caused by such conditions as air
pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including
conditions resulting from war or imminent threat of war,but other than conditions resulting
from a labor controversy,which conditions are or are likely to be beyond the control of the
services, personnel, equipment and facilities of this city, requiring the combined forces of
other political subdivisions to combat. (569-3/51, 1503-7/69, 1757-8/72)
12/80
8.60.030--8.60.070(q(2) Huntington Beach Municipal Code
8.60.030 Council created. There is created a Civil Defense and Disaster Council, consisting of
the Director who shall be Chairman, Deputy Director who shall be the Vice Chairman, Chief of
Police, Director of Public Works, or their representatives, Coordinator of Defense/Emergency
Services planning and training, and any city department head who may be appointed by the
Director, and representatives of civil, business, labor, veterans, professional or other
organizations, not to exceed five in number, as may be appointed by the Director. (569-3/51,
1503-7/69, 1757-8/72,2464-12/80)
8.60.040 Council--Powers and duties. It shall be the duty of the Civil Defense and Disaster
Council, and it is empowered, to review and recommend for adoption by the City Council, civil
defense and emergency service plans, mutual aid plans and agreements, and such ordinances,
resolutions, rules and regulations as are necessary to implement such plans and agreements. The
Civil Defense and Disaster Council shall be advisory in nature, and may present such advice and
recommendations as it deems necessary. The Civil Defense and Disaster Council shall meet
upon call of the Chairman, or in his absence or inability to call such meeting, upon the call of the
Chairman's authorized representative or the Vice Chairman. (569-3151, 1503-7/69)
8.60.050 Director--Office created. There is created the Office of Director of Civil
Defense/Emergency Services who shall be the City Administrator of Huntington Beach. (569-3/51,
1503-7/69, 1757-8/72)
8.60.060 Deputy director--Office created. There is created the Office of Deputy Director of
Civil Defense/Emergency Services who shall be the Fire Chief of Huntington Beach. (1757-8/72,
2464-12/80)
8.60:070 Director--Powers and duties enumerated. The Director is hereby empowered to:
(a) Request the City Council to proclaim the existence or threatened existence of a local
emergency if the City Council is in session, or to issue such proclamation if the City Council
is not in session. Whenever a local emergency is proclaimed by the Director, the City
Council shall take action to ratify the proclamation within seven days thereafter or the
proclamation shall have no further force or effect;
(b) Request the governor to proclaim a state of emergency when, in the opinion of the Director,
the locally available resources are inadequate to cope with the emergency;
(c) Control and direct the effort of the emergency organization of this city to accomplish the
purpose of this chapter;
(d) Direct cooperation between and coordinate services and staff of the emergency organization
of this city, and resolve questions of authority and responsibility that may arise between
them;
(e) Represent this city in all dealings with public or private agencies on matters pertaining to
emergencies as defined herein;
(f) In the event of the proclamation of a local emergency, as herein provided, the proclamation of
a state of emergency by the Governor or the Director of the State Office of Emergency
Services, or the existence of a state of war emergency, the Director is hereby empowered:
(1) To make and issue rules and regulations on matters reasonably related to the protection of
life and property as affected by such emergency;provided, however, such rules and
regulations shall be confirmed at the earliest practicable time by the City Council,
(2) To obtain vital supplies, equipment and such other properties found lacking and needed
for the protection of life and property and to bind the city for the fair value thereof and, if
required immediately, to commandeer same for public use,
12/80
Huntington Beach Municipal Code 8.60.070(f)(3)--8.60.130
(3) To require emergency services of any city officer or employee and, in the event of the
proclamation of a state of emergency in the county in which this city is located or the
existence of a state of war emergency, to command the aid of as many citizens of this
community as he deems necessary in the execution of his duties. Such persons shall be
entitled to all privileges,benefits and immunities as are provided by state law for
registered disaster service workers.
(4) To requisition necessary personnel or material of any city department or agency,
(5) To execute all of his ordinary power as City Administrator, of all special powers
conferred upon him by this chapter or by resolution or emergency plan pursuant hereto
adopted by the City Council; all powers conferred upon him by any statute, by any
agreement approved by the City Council, and by any other lawful authority.
(g) The Director of Civil Defense/Emergency Services shall designate the order of succession to
his office to take effect in the event the Director is unavailable to attend meetings and
otherwise perform his duties during an emergency. Such order of succession shall be
approved by the City Council.
(h) The Deputy Director shall, under the supervision of the Director, have such other powers and
duties as may be assigned by the Director. (569-3/51, 1503-7/69, 1757-8/72,2464-12/80)
8.60.080 Plan--Formulation. The Director shall prepare and maintain, on a current basis, a
Civil Defense/Emergency Services Plan as necessary to carry out the purpose of this chapter.
The Civil Defense/Emergency Services Plan shall be consistent with the plans of the state and
federal governments and shall hereafter be referred to as "the Plan." (1503-7/69, 1757-8/72)
8.60.090 Plan--Contents. The Plan shall set up the assignment of emergency duties and
functions of all city agencies and employees, and volunteer organizations, as well as the lines of
succession of the members of the civil defense emergency services organization. (1503-7/69,
1757-8/72)
8.60.100 Plan--Adoption and amendinL. The Plan and amendments thereto shall be placed on
file with the City Clerk by the Director, and approved or disapproved by the City Council within
thirty days of such filing. The Plan, and amendments if any, shall be effective upon filing with
the City Clerk unless disapproved by the City Council within thirty days of such filing.
(1503-7/69, 1757-8/72)
8.60.110 Director--Assignment of duties and functions. In assigning emergency duties and
functions to city agencies and personnel,the Director shall assign responsibilities to utilize to the
maximum the skills and talents of city employees. When the requisite skill or talent for a
particular responsibility is not available within the city government, the Director is authorized to
seek assistance on a volunteer basis from persons outside the city government. The Director
shall assign duties to such persons, and grant the authority to carry out their respective
responsibilities during and after the occurrence of a disaster. (1503-7/69, 1757-8/72)
8.60.120 Plan--Effect. The Plan shall be binding upon all agencies of city government, its
employees and registered volunteer disaster service workers, and have the effect of law whenever
an emergency, as provided in this chapter, has been proclaimed. (1503-7/69, 1757-8/72)
8.60.130 Organization--Creation. There is created the Huntington Beach Civil
Defense/Emergency Services Organization. All officers and employees of the city shall be a part
of such organization. The Director shall train and organize all employees and officers of the city
for purposes.of maintaining the civil defense/emergency capability of the city. The Director is
12/80
8.60.130--8.60.170(c) Huntington Beach Municipal Code
authorized to use volunteer forces during an emergency including,but not limited to, groups,
organizations and persons who by agreement or by operation of law are charged with the duty to
protect the life and property of persons in the city during a disaster. (1503-7169, 1757-8/72)
8.60.140 Plan--Service Chiefs. The Plan, asset out in this chapter, shall provide for the
appointment of Service Chiefs who shall be responsible for the carrying out of all duties and
functions assigned in the disaster Plan. Duties of Service Chiefs shall include the organization
and training of city officers, employees and volunteers. Each Service Chief shall formulate an
operational Plan which shall become a part of the Plan, as specified herein. Before an
operational Plan may become a part of the Civil Defense/Emergency Services Plan, it must first
be approved by the Director. The Director shall determine whether the operational Plans are in
conflict with the Civil Defense/Emergency Services Plan. If the operational Plans are in conflict
with the Civil Defense/Emergency Services Plan, the Director shall reject such operational Plans.
Each Service Chief shall be responsible for the care, for the maintenance and for the proper use
of any special equipment or property which may be obtained by or assigned to him from time to
time by the Director. (1503-7/69, 1757-8/72)
8.60.150 Emergency curfew. The Director is hereby empowered to establish an emergency
curfew in the event of a local emergency, or when a disaster or state of emergency is declared by
the President of the United States or the Governor of the state of California. (1503-7/69, 1757-8/72)
8.60.160 Expenditures. Any expenditures made in connection with emergency activities
including mutual aid activities, shall be deemed conclusively to be for the direct protection and
benefit of the inhabitants and property of the city of Huntington Beach. (1757-8/72)
8.60.170 Violations--Misdemeanor. It shall be a MISDEMEANOR for any person during an
emergency to:
(a) Willfully obstruct, hinder or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the
performance of any duty imposed upon him by virtue of this chapter;
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter if such
act is of such a nature as to give or be likely to give assistance to enemy or to imperil the
lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or
protection thereof;
(c) Wear, carry or display,without authority, any means of identification specified by the
emergency agency of the state. (1503-7/69, 1757-8/72)
12/80
Huntington Beach Municipal Code 8.68.010--8.68.020(f)
Chapter 8.68
FIREMED PROGRAM
(3026-2/90,3616-10/03)
Sections:
8.68.010 Purpose
8.68.020 Definitions
8.68.030 Administration
8.68.040 Eligibility
8.68.050 Enrollment
8.68.060 Member benefits
8.68.065 Additional member benefits
8.68.070 Authorization of fees
8.68.080 Implementation
8.68.090 Duty to respond
8.68.100 Exemptions
8.68.110 Funding
8.68.120 Program termination
8.68.010 Purpose The declared purpose of this chapter is to reduce life loss and disability by
implementing a program funding additional paramedic units in order to meet current response
time standards. A fee for service and voluntary membership program is desired to meet these
goals by offering a mechanism for residents and businesses to cap their emergency medical
service and ambulance transportation costs while supporting the expansion of the City's
paramedic system. (3026-2/90)
8.68.020 Definitions Unless a different meaning is apparent from the context or is specified
elsewhere in the code,the following definitions shall be used: (3026-2/90)
(a) FireMed Services: Those services provided by the Huntington Beach Fire Department and its
designated ambulance provider related to treatment and transportation provided during the
course of an emergency medical incident. (3026-2/90)
(b) FireMed Program: A voluntary membership plan where its members shall prepay at a fixed
price, the uninsured portion of emergency medical and ambulance services provided by the
Huntington Beach Fire Department, or its equivalent. (3026-2/90,3616-10/03)
(c) Member: Residents of Huntington Beach households,resident businesses and their
employees,who have registered with the City and prepaid the Voluntary Membership Fee.
(3026-2/90)
(d) Advanced Life Support (ALS): Any Advanced Life Support medical treatment performed by
paramedics (EMT-P) outside of a hospital. This treatment shall follow the current
"Advanced Life Support Treatment Guidelines" as specified by the Orange County
Emergency Medical Services Agency. (3026-2/90,3616-10/03)
(e) Basic Life Support (BLS): Any Basic Life Support treatment which is authorized by the
State of California Department of Health to be performed by Emergency Medical
Technicians I(EMT-I) and/or paramedics (EMT-P) at the scene of medical emergency.
(3026-2/90)
(f) Ambulance: The designated ground ambulance service, licensed by the State of California
and the County of Orange, which provide services for the Huntington Beach Fire Department.
(3026-2/90)
10/03
8.68.030--8.68.070(1)(c) Huntington Beach Municipal Code
8.68.030 Administration The Fire Chief or his/her designee shall be responsible for the
development of rules,policies and procedures relating to implementation and administration of
the FireMed Program. The Fire Chief shall report on a yearly basis to the City Administrator and
the City Council on the status of the FireMed Program. The report shall include a full financial
statement which sets forth the Program's financial status. (3026-2/90)
8.68.040 Eligibility The FireMed Program is open to residents,businesses and employees of
non-member businesses located in the City of Huntington Beach. (3026-2/90)
8.68.050 Enrollment Each resident and business of the City will have the opportunity to join
the FireMed program at any time throughout the year. (3026-2/90,3616-10/03)
(1) Persons receiving a residential utility billing from the City may enroll in the FireMed
Program and place the monthly charge on their bill. (3026-2/90,3616-10/03)
(2) Households, resident businesses, and employees of resident businesses not receiving a utility
bill may enroll in the Fire Med Program and establish an annual bill. (3026-2/90,3616-10/03)
8.68.060 Member benefits FireMed members shall receive the following benefits by joining
the voluntary membership program: (3026-2/90)
(1) If the member is insured, prepayment of the Uninsured portion of (3026-2/90,3616-10/03)
(a) ALS charges
(b) BLS charges
(c) Emergency ambulance transportation.
(2) If the member is uninsured,prepayment of twenty percent(20%) of (3026-2/90,3616-10/03)
(a) ALS charges
(b) BLS charges
(c) Emergency ambulance transportation.
Member benefits may be added and modified at the discretion of the Fire Chief.
(3026-2/90,3616-10/03)
8.68.065 Additional members benefits
(1) CPR Class (3616-10/03)
(2) Emergency medical information program. (3616-10/03)
8.68.070 Authorization for fees Advanced Life Support, Basic Life Support and Ambulance
fees are hereby authorized and shall be charged in connection with emergency medical care and
ambulance services provided by the Huntington Beach Fire Department. (3026-2/90,3616-10/03)
1. The "Fee for Services" shall be a user fee designed to recover costs associated with the
delivery of emergency medical care and ambulance services. Such fees shall be based on:
(3026-2/90)
(a) Emergencies requiring Basic Life Support(BLS) services; and (3026-2/90)
(b) Emergencies requiring Advanced Life Support (ALS) services; and (3026-2/90)
(c) Emergencies requiring ambulance transportation to the nearest medical facility best suited
to meet the patient's emergency medical needs. (3026-2/90)
10/03
Huntington Beach Municipal Code 8.68.070(2)--8.68.120
2. The "Voluntary Membership Fee -FireMed" shall be a membership offered to Huntington
Beach residents and resident businesses on a voluntary basis for the purpose of allowing its
members to prepay, at a fixed price,the uninsured portion of emergency ambulance and
emergency medical charges for services provided by the Huntington Beach Fire Department.
(3026-2/90,3616-10/03)
(a) Payment of the voluntary fee by households shall entitle membership to permanent
residents of that household,related or not. Household guests who receive emergency
medical care at a residential FireMed address will be regarded as a FireMed member.
(3026-2/90,3616-10/03)
(b) Fees paid by resident businesses and employees of non-member resident businesses
entitle membership to the employee only. Customers, patrons, visitors or others using the
facilities of such businesses shall be charged directly for paramedic and ambulance
services. (3616-10/03)
8.68.080 Implementation Implementation of user fees for paramedic services shall begin July
1, 1990. The Fire Chief shall be authorized to administer the FireMed Program beginning thirty
(30) days after adoption of this ordinance. (3026-2/90)
8.68.090 Duty to respond Under no circumstances will the delivery and application of
available emergency medical services and ambulance transportation be delayed or refused based
upon whether or not a person is a FireMed member or can demonstrate an ability to pay.
(3026-2/90)
8.68.100 Exemptions Determination for an exemption or reduction of"Fee for Services" or the
"Voluntary Membership Fee" by persons claiming a hardship shall be determined by the Fire
Chief. (3026-2/90,3616-10/03)
8.68.110 Funding Revenues derived from the FireMed Program shall be used to improve and
maintain the emergency medical services provided by the Huntington Beach Fire Department.
(3026-2/90)
8.68.120 Program termination The FireMed Program may be cancelled by a majority vote of
the Huntington Beach City Council. If the Council chooses to terminate the program prior to the
new program year, the City may, at its option, refund membership fees back to FireMed members
on a prorated basis. The City shall be obligated to provide thirty(30) days written notice to
FireMed members prior to program termination. (3026-2/90)
~ 10103
Huntington Beach Municipal Code Index
Chapter 13.08
BEACH REGULATIONS
(80-8/11,341-10/30,344-10/31,554-12/49,769-7/60,831-4/61,861-9/61,911-7/62,Urg 1306-3/67,1509-7/69,1535-11/69,
1588-8/70, 1743-5/72,Urg 1776-9/72, 1856-8/73, 1935-11/74,2138-1/77,2768-5/85,2851-8/68,2882-12/86,2907-8/87,
2964-10/88,3101-5/91,3123-11/91,Urg.Ord.3329-5/96,3355-7/97,3606-6/03,3615-10/03)
Sections:
13.08.005 Definitions
13.08.010 (Repealed Ord. No. 3606-6/03)
13.08.020 Defacing and/or destroying public property
13.08.025 Structures/Furniture
13.08.030 Littering
13.08.040 (Repealed Ord No 3606-6/03)
13.08.050 (Repealed Ord No 3606-6/03)
13.08.051 Tents and canopies
13.08.060 Fires
13.08.070 Dogs and other animals
13.08.080 Soliciting
13.08.090 Alcoholic beverages-Consumption
13.08.100 Alcoholic beverages-Permits-Terms
13.08.110 Alcoholic beverages-Permits-Revocation or suspension
13.08.120 Hazardous water sports
13.08.130 Hazardous articles
13.08.135 Motorized vessels
13.08.140 Beach games and practices
13.08.150 Digging
13.08.160 Spear Guns
13.08.170 Jumping from the Pier and public bridges
13.08.180 Climbing on rails of the Pier or bridges
13.08.190 Climbing on lifeguard stations
13.08.195 Tampering with Lifesaving Equipment
13.08.200 Leaving objects
13.08.210 False alarms
13.08.220 Interfering with lifeguard
13.08.225 Interfering with park ranger
13.08.230 Causing object to reflect
13.08.240 Curfew
13.08.250 (Repealed Ord.No. 3606-6/03)
13.08.260 Electrical systems
13.08.270 Noise
13.08.280 Vehicles-Regulation
13.08.285 Motor Vehicle Permits
13.08.290 Vehicle and parking regulation-Pier and Pier Plaza
13.08.300 Beach parking lot regulations
13.08.310 Fishing from the Pier
13.08.320 (Repealed Ord. No. 3606-6/03)
13.08.330 Removal of sand
13.08.340 Glass containers on the Beach
13.08.350 Beach and ocean closure-Authority
13.08.360 Enforcing Officer
13.08.370 Violation-Penalty
13.08.380 Violation-Alternative remedies
1-0/03
13.08.005-13.08.005(I) Huntington Beach Municipal Code
13.08.005 Definitions. For the purposes of this Chapter, the following terms shall have the
respective meanings set forth herein, unless the context in which they are used clearly indicates
to the contrary: (3606-6/03)
(a) "Alcoholic beverage" includes alcohol, spirits, liquor,wine,beer and every liquid or solid
containing alcohol, spirits,wine or beer and which contains one-half of 1 percent or more
of alcohol by volume and which is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances. (3606-6/03)
(b) "Beach"includes that strip of land owned and/or operated by the City of Huntington
Beach, lying between Pacific Coast Highway and the mean high tide line of the Pacific
Ocean. (3606-6/03)
(c) "Beach Parking Lot"means roads, driveways or parking area to service the Beach, Pier or
Pier Plaza, excluding those areas located on a street or highway. (3606-6/03)
(d) "Beach Service Road"means the paved roadway on the Beach that extends from Beach
Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean. (3606-6/03)
(e) "Director"refers to the Director of the Community Services Department and/or his/her
designee. (3606-6/03)
(f) "Occupied"means used for the purpose of protecting human beings from wind, sun, rain
or public view. (3606-6/03)
(g) "Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from
the mean high tide line, parallel to the three miles out from the Beach whether or not the
lands lying under said tidal waters are privately owned or publicly owned including but
not limited to the Water Activity Zone. (3606-6/03)
(h) "Person"means any individual, firm, copartnership,joint venture, association, social
club, fraternal organization, corporation or any other group or combination, acting as a
unit. (3606-6/03)
(i) "Pier"means the appurtenance beginning at the intersection of Pacific Coast Highway
and Main Street on the Beach,which is a platform extending into the Pacific Ocean and
supported by piles or pillars. (3606-6/03)
(j) "Pier Plaza"means the developed area on the Beach immediately north and south
adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots
adjacent thereto. (3606-6/03)
(k) "Water Activity Zone"means the area that extends 1,000 feet seward into the Pacific
Ocean from the mean high tide line. (3606-6/03)
(1) "Wheeled conveyance" shall include,but not be limited to: automobiles,bicycles,
skateboards,rollerblades,rollerskates, and strollers. (3606-6/03)
06/03
Huntington Beach Municipal Code 13.08.020-13.08.070(b)
13.08.020 Defacing and/or destroying public property. No person shall cut, carve,hack,
remove, deface or otherwise injure any fence,post,toilet, lavatory, restroom, building, sign or
other structure, at or on the Beach, Pier or Pier Plaza, or to place writing upon the interior or
exterior of any fence,post, toilet, lavatory, restroom, building, sign or other structure therein, any
initial, name writing, printing, drawing or vulgar, profane or obscene word or picture.
(769-7/60,3606-6/03)
13.08.025 Structures/Furniture. No persons shall temporarily or permanently, construct,
enlarge, alter, repair,move or convert any structure or place any furniture on the Pier, Pier Plaza,
Beach Service Road and Beach Parking Lot area, except by permit issued by the Director.
(3606-6/03,3615-10/03)
13.08.030 Littering. No person shall deposit or discard or leave any handbill,bottle, can or
rubbish or trash or debris on the Beach, other than in those receptacles provided for such
purpose, or to deposit in any commode or urinal in any public toilet any newspaper, rag, part of
clothing or any item likely to clog said commode or urinal. This section shall not be interpreted
to prohibit distribution of any constitutionally protected material.
(80-8/11,769-7/60,Urg 1306-3/67,3606-6/03)
13.08.051 Tents and canopies.
(a) No person shall erect, maintain or occupy any canopy in excess of 100 square feet, or any
tent without at least two (2) sides completely open to public view, on the Beach area
bounded by the Beach Service Road and the Pacific Ocean, except by permit issued by
the Director. (3606-6/03)
(b) No person shall erect, maintain or occupy any canopy or any tent on the Beach Parking
Lot, Beach Service Road, Pier or Pier Plaza except by permit issued by the Director.
(3606-6/03)
13.08.060 Fires. No person shall light, kindle, set or maintain fires or coals thereon, except in
the fire rings provided therefor, or in self-contained BBQ's kept within six (6) feet of a fire ring,
except by permit issued by the Director. Disposable heating BBQ materials shall not be
deposited anywhere except within the inside perimeter of the fire ring. The heating element of
self-contained BBQs must be raised at least eighteen(18) inches above the surface of the sand.
(769-7/60,Urg 1306-3/67,3606-6/03)
13.08.070 Dogs and other animals.
(a) No person having the care, charge or control of any animal, domesticated or wild, shall
permit or allow said animal to be, under any circumstances or conditions, on or upon that
Beach area bounded by the Beach Service Road and the Pacific Ocean, including the
Water Activity Zone except that upon those Beach areas, and the Water Activity Zone,
located north of the line created by extending the northern curb line of 22nd Street to the
Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than
six (6) feet in length are permitted. (344-10/31,554-12/49,769-7/60,2907-8/87,3355-7/97,3606-6/03)
(b) No person shall permit any animal, domesticated or wild, to be left unattended on the
Beach. (3606-6/03)
10103
13.08.080-13.08.110(e) Huntington Beach Municipal Code
13.08.080 Soliciting. No person shall engage in the business of soliciting, distributing, selling
or peddling any liquids or edibles for human consumption, or to hawk,peddle or vend any goods,
wares or merchandise on the Beach, except pursuant to a permit issued by the Director.(769-7/60,
3606-6/03)
13.08.090 Alcoholic beverages--Consumption. Except as hereinafter provided,no person
shall, on or upon the Beach, consume or sell, any alcoholic beverage, except pursuant to a permit
issued by City Council. (769-7/60,Urg 1306-3/67,1588-8/70,3606-6/03)
13.08.100 Alcoholic beverages--Permits--Terms.
(a) The Director may grant permits for the sale and consumption of alcoholic beverages
under the following terms and conditions: (3606-6/03)
1. The kind or kinds of permitted alcoholic beverages shall be identified in the
permit. (3606-6/03)
2. Each permit shall require that all alcoholic beverages be sold and consumed on
permittee's premises, the location and area of permittee's premises to be set forth
in said permit. (3606-6/03)
3. That there be compliance with all other city, county and state laws and
regulations. (3606-6/03)
4. Such other terms and conditions as are reasonably required to protect the peace,
health, welfare or safety of the public. (3606-6/03)
5. The permit shall not be transferable and shall be valid only on dates specified.
(3606-6/03)
(b) Nothing herein contained shall be construed as permitting the sale,purchase, distribution,
or consumption of any alcoholic beverage on the Beach, except pursuant to and as limited
by a permit, as above set forth. (769-7/60,Urg 1306-3/67,1588-8/70,3603-6/03)
13.08.110 Alcoholic beverages--Permit--Revocation or suspension. Permits are subject to
suspension or to revocation by the City Council after notice to permittee and public hearing, on
any of the following grounds:
(a) Permittee has made a substantial misrepresentation in his application for permit;
(b) Permittee or any of his employees has violated any laws or regulations concerning the
operation of the business, or any terms or conditions of the permit;
(c) Permittee or any of his employees has been convicted of any crime involving moral
turpitude;
(d) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous
drugs without reporting such incidents to the Police Department without unnecessary
delay or not more than twenty-four-(24)hours after the commission thereof;
(e) Permittee or any of his employees has caused or permitted any breach of the peace on >
such premises, or has performed or permitted any act against the peace,health, welfare or
safety of the public. (769-7160,Urg 1306-3/67, 1588-8/70)
06/03
Huntington Beach Municipal Code 13.08.120-13.08.160
13.08.120 Hazardous watersports. The following regulations shall apply to watersports:
(a) In order to protect the public health, safety and welfare,the Director shall set the hours
and areas during which no person within the Water Activity Zone,based on prevailing
weather,water conditions, density of use and/or other hazard inducing conditions, shall
use or have in his possession any surfboard,wind surfboard,paddleboard,bodyboard,
skimboard, canoe,.boat or any similar object made entirely or partially of wood, metal,
hard plastic or any other hard substance. (3606-6/03)
(b) The Director shall give notice of the time and area during which hazardous water sports,
as defined by Section 13.08.120 (a), are prohibited. Such prohibition shall be effective
when a yellow flag or sign having a solid black circle in the center, commonly known as a
"black ball" flag or sign is prominently displayed from a lifeguard tower, station,Pier or
similar structure. (3606-6/03)
(c) During the times the "black ball' flag or sign is displayed, only swimming and bathing
shall be permitted in the Water Activity Zone within two hundred yards of the point of
the display of the "black ball' flag or sign. (3606-6/03)
(d) No person shall fail, refuse or neglect to leave the Water Activity Zone when such
restriction and prohibition, as set out in this section, are in force. (3606-6/03)
(e) Notwithstanding any provision of this section, the Director or his/her authorized agent,
may from time to time designate by permit, certain areas to be used exclusively for an
event. Such designation may be revoked at any time and the area covered by such
designation may be enlarged or reduced at any time. No person shall enter in such area so
designated except while participating in the permitted special or specific event.
(769-7/60,831-4/61,Urg 1306-3/67, 1743-5/72,Urg 1776-9/72,1856-8/73,3606-6/03)
13.08.130 Hazardous articles. No person shall use any surfboard,paddleboard, skimboard,
bodyboard, wind surfboard, rubber life raft, canoe, boat, or any similar object made entirely or
partially of wood, metal, glass, hard plastic or any other hard substance at any time, on the Beach
or in the Water Activity Zone in a manner that constitutes a hazard to any other person.
(769-7/60,Urg 1306-3/67,3606-6/03)
13.08.135 Motorized vessels. No person shall operate or cause to operate any motorized vessel,
boat, or personal watercraft in the Water Activity Zone unless authorized by the Director.
(3606-6/03)
13.08.140 Beach games and'practices. No person shall use on the Beach or in Water Activity
Zone any athletic apparatus, object or game in a manner that constitutes a hazard to any person or
conduct or participate in any sport or game that constitutes a hazard to any person.
(769-7/60,Urg 1306-3/67,3606-6/03)
13.08.150 Digging. No person shall dig or cause the digging of any hole in the sand exceeding a
depth of two feet. Any person who digs, or causes to be dug, any hole upon the Beach shall fill
the hole before leaving the Beach. (769-7/60,3606-6/03)
13.08.160 Spear guns. No person shall have any spear gun or similar underwater device in his
or her possession on the shore of the Beach unless the point of such device is covered by a
sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be
kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the
Beach. (769-7/60,Urg 1306-3/67,3606-6103)
06/03
13.08.170-13.08.240(b) Huntington Beach Municipal Code
13.08.170 Jumping from the Pier and public bridges. No person shall dive,jump or enter the
water from the Pier or public bridge or any part thereof; provided, however,that this section shall
not apply to the regularly employed lifeguard personnel of the City who are engaged in lifeguard
training or in emergency jumps from the Pier or bridges for the purpose of saving lives and/or
property. (769-7/60,911-7/62,3606-6/03)
13.08.180 Climbing on rails of the Pier or bridges. No person shall sit,walk or balance on the
rails of the Pier or public bridges or walkways or climb upon, over or under such rails, or sit,
walk, balance or climb upon or over any cement walls which may be adjacent to such rails.
(769-7/60,911-7/62, 1935-11/74,3606-6/03)
13.08.190 Climbing on lifeguard stations. No unauthorized person shall climb, sit, stand or
cause someone else to climb, sit or stand on any lifeguard station or ladder on the Beach or Pier
unless told to do so by an official employee of the City. (769-7/60,Urg 1306-3/67,3606-6/03)
13.08.195 Tampering with Life Saving Equipment. No person shall tamper with lifesaving
equipment, structures or buoys on the Beach or on the Pier. (3606-6/03)
13.08.200 Leaving objects. No person shall lay, store, hang or cause to be laid, stored, or cause
to be hung any object on, against, or upon any lifeguard station or municipal structure except by
permit issued by the Director. (Urg 1306-3/67,3606-6/03)
13.08.210 False alarms. No person shall cause a false rescue or call for help when it is not
needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his tower or to
have his attention drawn to a false alarm. (769-7/60,Urg 1306-3/67)
13.08.220 Interfering with lifeguard. No person shall willfully resist, delay or obstruct any
lifeguard in the discharge or attempt to discharge any duty of his position. (Urg 1306-3/67)
13.08.225 Interfering with park ranger. No person shall willfully resist, delay or obstruct any
Park ranger in the discharge or attempt to discharge any duty of his position.
13.08.230 Causing object to reflect. No person shall use a mirror, glass or any similar object to
cause the sun to reflect thereon so as to interfere with the vision of any lifeguard or other
person(s). (Urg 1306-3/67, 1535-11/69, 1743-5/72)
13.08.240 Curfew.
(a) Except as otherwise specified,no person shall be on the Beach area bounded by the
Beach Service Road and the Pacific Ocean including the Water Activity Zone between
the hours of 10:00 p.m. and 5 a.m. except upon official business of the City or by permit
issued by the Director. In the event of special circumstances so warranting, the Director,
in his/her judgment, is authorized and empowered to modify temporarily the hours during
which the Beaches are closed. Said modification to be filed with the City Administrator
at least ten days prior to the requested date and posted conspicuously.
(769-7/60,861-9/61,Urg 1306-3/67,3606-6/03)
(b) Pier and Pier Plaza Curfew. No person shall remain on or upon the Pier or Pier Plaza
between the hours of midnight and 5:00 a.m. except by permit issued by the Director.
(3606-6/03)
06/03
Huntington Beach Municipal Code 13.08.260-13.08.280(o
13.08.260 Electrical systems. No person shall use any electrical outlets on the Beach without
first obtaining written consent from the Director and paying such fees as may be prescribed.
(Urg 1306-3/67,1509-7/69,3606-6/03)
13.08.270 Noise. No person shall play,use or operate, or permit to be played, used or operated,
any instrument, machine or device, for producing or reproducing sound upon the Beach, at such a
volume as unreasonably to disturb the peace, quiet and comfort of persons who are not voluntary
listeners thereto, after having been warned. (Urg 1306-3/67, 1743-5/72, 1935-11/74,3606-6/03)
13.08.280 Vehicle and Parking-Regulation-Beach.
(a) No person shall operate or possess any motor driven cycle, motor driven bicycle,
motorcycle, automobile,motor truck or other motorized vehicle or conveyance
(regardless of power source or size) on the Beach other than for law enforcement,
lifesaving or emergency purposes, or for Beach maintenance purposes, except by permit
issued by the Director; nor on any roads on which signs are posted prohibiting such
activity, nor in any manner or direction prohibited by posted signs,nor on any Beach
other than on the roads, drives or parking areas designed for such purposes.
(Urg 1306-3/67,2138-1/77,3606-6/03)
(b) No person shall operate any wheeled conveyance on the Beach service road if said
wheeled conveyance has been prohibited by the Director and said prohibition has been
properly posted. (3606-6/03)
(c) Exceeding Speed Limit.
1. No person shall operate any wheeled conveyance of any type on the Beach or
Beach service road at a speed in excess of 10 miles per hour unless a greater speed
is posted. The maximum speed limit when pedestrians are present shall be five
(5)miles per hour. (Urg 1306-3/67,Urg 2768-5/85,2851-8/86,3123-11/91,3329-5/96,3606-6/03)
2. No person shall operate any wheeled conveyance of any type on the Beach service
road at a walking speed in excess of two and one-half(2.5)miles per hour,
between designated points,when the yellow lights are flashing. (3329-5/96,3606-6/03)
(d) Delivering concessions. During the period of June 15 to September 15, any and all
commercial motor vehicles of any type,must make their deliveries to Beach concessions
between the hours of 6 a.m. and 11 a.m., except by permit from the Director. During all
other times of the year; deliveries must take place during Beach non-curfew hours. (Urg
1306-3/67,3606-6103)
(e) Parking. No person shall park any vehicle except in designated parking areas;provided,
however, that the Director is authorized to permit parking in non-designated areas when,
in his/her opinion, such parking will not interfere with Beach area operations.
(Urg 1306-3/67,3606-6/03)
(f) Traffic control signs. The Director is authorized and directed to erect and maintain signs
at locations he deems appropriate, indicating the speed limits established by the City
Council for the Beaches, along roadways and streets herein. The Director is also
> authorized to designate parking areas and traffic patterns and to erect and maintain signs
indicating such areas and patterns. (Urg 1306-3/67,3606-6103)
06/03
13.08.285-13.08.300(d) Huntington Beach Municipal Code
13.08.285 Motor Vehicle Permits. Any person desiring to access the Beach or Pier with a
vehicle for delivery, maintenance, transportation or any other service must obtain a permit from
the Director. (3329-5/96,3606-06/03)
13.08.290 Vehicle and parking regulation-Pier and Pier Plaza. Pursuant to section 13.08.280
of this Chapter,the following shall apply: (3606-06/03)
(a) Speed Limit. No person shall operate any wheeled conveyance upon the Pier or Pier
Plaza in excess of five (5) miles per hour. (3606-6/03)
(b) Heavy Vehicles. No person shall drive or permit to be driven any vehicle of any kind or
character whatsoever, upon the Pier or Pier Plaza of a gross weight in excess of twenty
thousand (20,000)pounds. (3606-6/03)
(c) Roller Skates, in-line skates, skateboards and scooters on the Pier or Pier Plaza. No
person shall use any roller skates, in-line skates, skateboards or scooters on the Pier or
Pier Plaza at any time. These items must be carried if brought on the Pier or Pier Plaza.
(3606-6/03)
(d) Parking. No person shall park a vehicle on the Pier or Pier Plaza, unless he possesses a
written permit from the Director allowing him to do so. No person shall leave a vehicle
standing or unattended on the Pier or Pier Plaza at any time. (3606-6/03)
(e) Unauthorized Vehicles Prohibited. No person shall push or operate any automobile,
motorcycle, truck, or any other motor driven vehicle or conveyance upon the Pier or Pier
Plaza, except by permit issued by the Director. (3606-6/03)
(f) Bicycles on Pier. No person shall ride a bicycle or any similar type vehicle on the Pier or
Pier Plaza, except by permit issued by the Director. Bicycles or similar type vehicles may
be walked or pushed on the Pier or Pier Plaza. No bicycle or similar type vehicle shall be
chained, cabled or locked by any means to the railings on the Pier, ramps, stairs, or
parking lot except to the bicycle racks provided therefor. (3606-6/03)
(g) 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. During all other times, deliveries must be made during
non-curfew hours. (3606-6/03)
13.08.300 Beach parking lot regulations. The following regulations will apply to parking
in any of the City-owned and operated Beach parking lots: (3606-6/03)
(a) Parking is allowed within designated spaces only. (3606-6/03)
(b) There shall be no parking between 10:00 p.m. and 5:00 a.m. except by permit issued by
the Director. (3606-6/03)
(c) Any deviation from this section will be by permission of the Director and shall be
conspicuously posted. (3606-6/03)
(d) No loitering or obstructing of flow of traffic will be allowed in the parking lot by any
person or persons. (3606-6/03)
06/03
Huntington Beach Municipal Code 13.08.300(e)-13.08.310(i)
S (e) No person shall obstruct or cause to be obstructed any entrance or exit in the parking lot.
(3606-6/03)
(f) No trailers or similar vehicles will be allowed in the parking lot except by permit issued
by the Director. (3606-6/03)
(g) Fees for parking shall be established by resolution of the City Council. (3606-6/03)
(h) Any vehicle leaving the parking lot and returning will be required to pay on re-entering.
(3606-6/03)
(i) Number of parking permits per concession owner will be determined by the Director.
(3606-6/03)
(j) The Director shall have the authority to designate reserved parking areas in City-owned
and/or operated Beach parking lots. (3606-6/03)
(k) No unauthorized vehicle shall park in a reserved parking area where signs are posted
giving notice of such reserved parking. (3606-6/03)
13.08.310 Fishing from the Pier. Fishing is allowed from the Pier,but the following acts are
prohibited: (3606-6/03)
(a) Overhead Casting. Cast a fishing line, either with or without a fishing pole, over the top
railing of the Pier. (3606-6/03)
(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. (3606-6/03)
(c) Extra Lines. No person shall have more than two (2) fishing lines in the water under or
near the Pier at one time. (3606-6/03)
(d) Projecting Poles. No person shall allow or permit any fishing pole to extend inward from
the Pier rail to a distance of more than four(4) feet. (3606-6/03)
(e) Cleaning of Fish or Mussel. No person shall place, cut or clean any fish, mussel or bait,
or any other marine life directly upon any bench or seat placed upon the Pier or upon the
floor or railings of the Pier except in the areas provided therefore. (3606-6/03)
(f) Lobster Traps. No person shall have more than two (2)traps in the water under or near
the Pier at any one time. A person shall attend said traps at all times. (3606-6/03)
(g) Feeding Wildlife. No person shall provide food,bait or other material in a manner as to
feed wildlife upon the Pier. (3606-6/03)
(h) 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. (3606-6/03)
(i) No person shall use the Pier railing-for leverage to pull fishing line, lobster trap, any
mussel hook, or other such device in such a manner as to create a hazard to any other
person or cause damage to the Pier railing. (3606-6/03)
06/03
13.08.330-13.08.380 Huntington Beach Municipal Code
13.08.330 Removal of sand. No person shall remove, or cause to be removed from the Beach,
or Pacific Ocean, any sand without written permission from the Director. .(Urg 1306-3/67,3606-6/03)
13.08.340 Glass containers on the Beach. No person shall have,possess or use any dangerous
article or container such as a bottle, glass, crockery or similar object upon the Beach or in the
Water Activity Zone.(2882-12186,3606-6/03)
13.08.350 Beach and ocean closure-authority. The Director shall have the authority to close
any Beach, harbor, or ocean waters of the Pacific Ocean in order to protect the public health,
safety, and welfare. Such closure shall be effective when notice of closure is given through any
of the following methods: (3101-5/91,3606-6/03)
(a) Signs stating that the Beach is closed or that swimming is prohibited, or depicting a
swimmer and a red circle with a slash through the circle, or otherwise advising of closure;
(3101-5/91,3606-6/03)
(b) Public address announcements; (3101-5/91)
(c) Oral or written notice from the Director, any marine safety officer, lifeguard, or other
authorized agent; or (3101-5/91,3606-6/03)
(d) Any other device or announcement reasonably communicating such closure. (3101-5/91)
No person shall enter, remain in, or fail or refuse to leave a closed area of the Beach, harbor, or
the Pacific Ocean while such restriction is in effect. (3101-5/91,3606-6/03)
13.08.360 Enforcing officer. This chapter shall be enforced by the Director, as well as by Peace
Officers having jurisdiction of any area in which a violation of any provision of this title takes
place. (3606-6/03)
13.08.370 Violation-Penalty. Any person violating any provision of this Chapter shall, upon
conviction, be guilty of a MISDEMEANOR, and subject to a fine of not more than five hundred
($500) or be imprisoned for a period not to exceed six (6) months, or by both such fine and
imprisonment. (3606-6/03)
13.08.380 Violation-Alternative remedies. Any violation of any provisions of this Chapter
shall subject the violator to ejection from the premises of the area in which violation occurs.
(3606-6103)
O6/03
Huntington Beach Municipal Code 13.28.005-13.28.005(b)
Chapter 13.28
CAMPER FACILITIES
(1827-5/73,2572-10/81,2611-4/83,2891-3/87,2994-5/89,3607-6/03)
Sections:
13.28.005 Definitions
13.28.010 Established--Availability
13.28.020 Fees and rules adopted
13.28.030 Reservations--Deposit
13.28.040 Fee payment before facility use
13.28.050 Occupancy
13.28.060 Number occupying campsite
13.28.070 Time limit
13.28.080 Checking out
13.28.090 Vehicle restrictions
13.28.100 (Repealed Ord.No. 3607—6/03)
13.28.110 Overnight camping in daytime areas
13.28.120 Facility deemed City property
13.28.130 Plants
13.28.140 Disturbing City property
13.28.150 Rubbish
13.28.160 Fires
13.28.170 (Repealed Ord.No. 3607—6/03)
13.28.180 Firearms prohibited
13.28.190 (Repealed Ord. No. 3607—6/03)
13.28.200 Hours of operation
13.28.210 Curfew imposed
13.28.220 Games
13.28.230 Sanitation and appearance
13.28.240 Speed of vehicles
13.28.250 Vehicles--Confined to roads
13.28.260 (Repealed Ord.No. 3607—6/03)
13.28.270 Parking areas
13.28.280 Commercial vehicles
13.28.290 (Repealed Ord.No. 3607—6/03)
13.28.300 Camping outside designated areas
13.28.310 Parking provisions
13.28.320 Alcoholic beverages
13.28.330 Enforcing officer
13.28.340 Violation—Penalty
13.28.350 Violation—Alternative remedies
13.28.005 Definitions. For the purpose of this Chapter the following terms shall have the
respective meanings set forth herein, unless the context in which they are used clearly indicates
to the contrary:
(a) "Alcoholic beverage"includes alcohol, spirits, liquor,wine, beer and every liquid or solid
containing alcohol, spirits, wine or beer and which contains one-half of 1 percent or more
of alcohol by volume and which is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances.
(b) "Director"refers to the Director of the Community Services Department and/or his/her
designee.
6/03
13.28.005(c)-13.28.090 Huntington Beach Municipal Code
(c) "Occupied"means used for the purpose of protecting human beings from wind, sun, rain
or public view.
(d) "Person"means any individual, firm, copartnership,joint venture, association, social
club, fraternal organization, corporation or any other group or combination, acting as a
unit.
(3607-6/03)
13.28.010 Established--Availability. There is established a City Camper Facility, open to for
term parking generally from September until May of each year and for en route camping
generally from June to September of each year, unless otherwise authorized by the Director for
reasons of public safety, current parking conditions or construction projects. Said facility will be
located within the Beach Parking Lot between First and Huntington Streets.
(1827-5/73,2611-4/83,2891-3/87, 3607-6/03)
13.28.020 Fees and rules adopted. Fees for and rules governing the use of the City Camper
Facility shall be determined by resolution of the City Council. (1827-5/73,3607-6/03)
13.28.030 Reservations--Deposit.
(a) Reservations for campsites may be made by applying to the Director not more than one
calendar month prior to the time of desired occupancy.
(b) Applications for reservation shall be accompanied by a deposit in the amount of the daily
fee as set by resolution, refundable when reservation has not been confirmed or
accommodation is not available.
(1827-5/73,2611-4/83, 3607-6/03)
13.28.040 Fee payment before facilitv use. No person shall use or occupy facilities in the City
Camper Facility unless the fee, established by resolution of the City Council, has first been paid.
(1827-5/73)
13.28.050 Occupancy. A campsite shall be considered occupied or reserved for camping
purposes upon payment of the appropriate fee within the time limit specified in this Chapter. No
person shall take possession of any campsite after notification by a City employee that such site
is already occupied or reserved. (1827-5/73,3607-6/03)
13.28.060 Number occupying campsite. The number of vehicles and persons occupying any
campsite shall not exceed two vehicles and eight persons except that the Director may authorize a
greater or lesser number when conditions so warrant. (1827-5/73)
13.28.070 Time limit. In order to afford the general public the greatest possible use of the City
Camper Facility, continuous occupancy by the same person or group of persons of any campsite
shall be limited to fourteen days maximum within any calendar month during the established
term parking period, and to one consecutive night only during en route camping periods.
(1827-5/73,2611-5/83,2891-3/87, 1994-5/89,3607-6/03)
13.28.080 Checking out. Occupants shall remove all personal property and vacate campsites
prior to 12 p.m. on the last day of reservation during term parking and at 8 a.m. during en route
camping periods. Campsites shall be left in a neat, orderly condition.
(1827-5/73,2611-5/83,3607-6/03)
13.28.090 Vehicle restrictions. Any camper, trailer or motor home over twenty-five (25) feet in
length shall park in assigned areas designated for that purpose only. (1827-5/73,3607-6/03)
6/03
Huntington Beach Municipal Code 13.28.110--13.28.210(c)
13.28.110 Overnight camping in daytime areas. When authorized by the Director, overnight
camping may be permitted from time to time in portions of the City Camper Facility designated
as daytime areas. Use of such daytime areas for overnight camping shall be subject to fees
established by the City Council, subject to restrictions as to use, occupancy and entry into and of
only such portions as maybe specified by the Director. (1827-5/73,2891-3/87,3607-6/03)
13.28.120 Facility deemed City property. All property within the Camper Facility is declared
City property, devoted to the public use and enjoyment, subject to all laws and regulations
applicable thereto, and no person may, by prescription or adverse possession, obtain any right
therein. (1827-5/73,3607-6/03)
13.28.130 Plants. No person shall pick, dig up, cut, mutilate, destroy, injure, disturb, move,
molest, burn or carry away any tree or plant or portion thereof, including, but not limited to, leaf
mold, flowers, foliage, turf, humus or shrubs in City Camper Facility. (1827-5/73,3607-6/03)
13.28.140 Disturbing City property. No person shall disturb, destroy,remove, deface or injure
any property of the City. No person shall cut, carve,paint, mark,paste or fasten on any tree,
fence, wall, building, monument or other property in the City Camper Facility any bill,
advertisement or inscription. (1827-5/73,3607-6/03)
13.28.150 Rubbish. No person shall leave, deposit, drop or scatter bottles,broken glass, ashes,
wastepaper, cans or other rubbish in any place in the City Camper Facility except in a receptacle
designated for that purpose. No person shall bring in or deposit any rubbish from outside the
City Camper Facility in or on any part of such facility. (1827-5/73,3607-6/03)
13.28.160 Fires. No person shall light, build, use or maintain a fire within the City Camper
Facility except in an approved, self-contained barbecue, maintained within the designated
camping space. (1827-5/73,3607-6/03)
13.28.180 Firearms prohibited. No person shall carry or possess a firearm within the camper
facility, nor shall any person discharge across, in or on any part of the City Camper Facility any
firearm, bow and arrow, air or gas weapon, or any device which discharges a missile and is
capable of injuring or killing any animal or damaging or destroying any public or private
property. (1827-5/73,3607-6/03)
13.28.200 Hours of operation. Entry into the City Camping Facility will be accommodated
daily between 7 a.m. and 9 p.m.. No campsites will be rented after 9 p.m.
(1827-5/73,2611-5/83,3607-6/03)
13.28.210 Curfew imposed.
(a) The Director may from time to time declare curfew for minors in any part of the City
Camper Facility upon finding that conditions therein warrant special measures for the
protection of such minors and others, and for the safety and welfare of the general public.
(b) Such curfew shall be posted and shall state the specific location, if applicable, and the
period of time during which such curfew shall remain in effect.
(c) During the period any curfew has been declared,no minor shall enter or remain in the
City Camper Facility, or portion thereof declared to be under curfew except:
6/03
13.28.210(c)(1)-13.28.300 Huntington Beach Municipal Code
(1) One who is accompanied by a parent or guardian; or
(2) One who is part of a group occupying a campsite, accompanied and supervised by one
responsible adult for every eight minors in such group.
(1827-5/73, 3607-6/03)
13.28.220 Games. No person shall play any ball game, horseshoes or other similar game or
activity in picnic or campground areas except at those times and places specifically designated
for such purposes. (1827-5/73)
13.28.230 Sanitation and appearance.
(a) To maintain a sanitary condition and an orderly appearance, and to protect the resources
of the City Camper Facility area, the Director may specify size, type and arrangement of
camping equipment and the number of persons permitted in such areas, and no equipment
shall be brought into, kept, used or arranged except under the direction and supervision of
the Director. No person shall hang, drape or display any towels or clothing of any type
outside any camper, trailer, or mobilehome or in a manner which exposes such articles to
the public view.
(b) No waste, water, sewage or effluent from sinks, portable toilets or other plumbing fixtures
shall be deposited directly on or into the surface of the ground or water. All sewage
outlets on campers, trailers or mobilehomes must be securely capped at all times while in
the City Camper Facility except when disposing waste in the facility outlet provided
therefor. Posted waste disposal guidelines must be adhered to at all times.
(1827-5/73, 3607-6/03)
13.28.240 Speed of vehicles. No person shall drive a vehicle within the City Camper Facility at
a speed greater than is reasonable or prudent, having due regard for the traffic on,the surface and
width of the road, and the safety of persons, property and wildlife; provided that in no event shall
a vehicle be driven at a speed over ten miles an hour in such facility. The use of any vehicle
including motorcycles and scooters for purposes of speed exhibitions and joy riding is prohibited.
(1827-5/73,3607-6/03)
13.28.250 Vehicles--Confined to roads. Operation of vehicles in the City Camper Facility shall
be confined to roads, driveways, parking areas or other areas designed to accommodate such
vehicles. No privately-owned vehicle shall be operated on any road which has been designated
closed to traffic. (1827-5/73,3607-6/03)
13.28.270 Parking areas. The Director may restrict the parking or standing of vehicles on
certain highways, driveways,paths or grounds, or portions thereof, in the City Camper Facility
during all or certain hours of the day, and any vehicle parked or left standing in violation of such
restriction may be removed by a City Peace Officer. (1827-5/73,3607-6/03)
13.28.280 Commercial vehicles. No commercial vehicles shall be operated inside the City
Camper Facility except for the purpose of delivering merchandise or servicing equipment in such
facility, or for emergency purposes. Other commercial vehicles may be granted admission by the
Director for a special activity not inconsistent with camper facility use. (1827-5/73,3607-6/03)
13.28.300 Camping outside designated"areas. No person shall camp in any part of the City
Camper Facility except in areas designated and marked for such purpose, and no minor shall
camp in any part of the camper facility unless accompanied by a parent or guardian, or as part of
a group occupying a campsite, accompanied by and supervised by one responsible adult for every
eight minors in such group. (1827-5/73, 3607-6/03)
6/03
Huntington Beach Municipal Code 13.28.310--13.28.350
13.28.310 Parking provisions. With reference to the City Camper Facility area, as to any
provisions of the Huntington Beach Municipal Code Chapter 13.08.300 which are inconsistent
with the provisions of this chapter, the provisions of this chapter shall prevail.
(1827-5/73, 3607-6/03)
13.28.320 Alcoholic beverages. Notwithstanding the provisions of sections 13.08.090 and
13.08.100(g) of this code, any occupant of a campsite,twenty-one (21) years or older,may
possess alcoholic beverages within the confines of such campsite during specified camping
periods. (2611-4/83,2572-10/82,3607-6/03)
13.28.330 Enforcing officer. This Chapter shall be enforced by the Director, as well as by
Peace Officers having jurisdiction of any area in which a violation of any provision of this title
takes place. (3607-6/03)
13.28.340 Violation—Penalty. Any person violating any provision of this Chapter shall, upon
conviction, be guilty of a MISDEMEANOR, and subject to a fine of not more than five hundred
($500) or be imprisoned for a period not to exceed six (6)months, or by both such fine and
imprisonment. (3607-6/03)
13.28.350 Violation —Alternative remedies. Any violation of any provision of this Chapter
shall subject the violator to ejection from the premises of the area in which violation occurs.
(3607-6/03)
6/03
Huntington Beach Municipal Code 13.54.010-13.54.01Ole)
Chapter 13.54
SPECIFIC EVENTS
(3608-6/03)
Sections:
13.54.010 Definitions
13.54.020 Permit required
13.54.030 Permit application
13.54.040 Application--Contents of
13.54.050 Permit—Specific Event for other than applicant.
13.54.060 Specific Events Committee established
13.54.070 Review of Permit Application by Director
13.54.080 Denial by the Director
13.54.090 Review of Permit Application to Specific Events Committee
13.54.100 Permit--Granting or refusal
13.54.110 Permit--Late applications
13.54.120 Permit--Surety and insurance
13.54.130 Permit--Granting conditions
13.54.140 Permit—Denial
13.54.150 Permit--Contents of
13.54.160 Permit suspension or revocation
13.54.170 Appeal--Filing
13.54.180 Appeal--Council action
13.54.190 Exceptions to provisions
13.54.200 Fourth of July Parade-viewing
13.54.210 Interference with Specific Event
13.54.220 Parking of vending vehicles
13.54.230 Enforcing officer
13.45.240 Permit conditions
13.54.250 Violation-Penalty
13.54.010 Definitions
(a) "Director"refers to the Director of Community Services Department and/or his/her
designee.
(b) "Fourth of July.Parade"is that annual parade sponsored by the City of Huntington Beach.
(c) 'Parade" means any march,parade,procession or public assembly consisting of persons
or animals or vehicles or any combination thereof, upon any public or quasi public street,
road, highway, sidewalk, alley,park,parkway,pier,beach,building or other public or
quasi public place,which obstructs or unreasonably interferes with the free passage of
vehicular traffic or pedestrian travel.
(d) 'Parade route" shall mean the entire route of a parade as approved by the Director.
(e) 'Parkway" shall mean that area between the edge of the roadway and the adjacent
property line excluding that area occupied by the sidewalk. Parkway shall also include
any area within a roadway which is not open to vehicular travel.
6/03
13.54.010(fl-13.54.040(b) Huntington Beach Municipal Code
(f) "Public Property" includes,but is not limited to, sidewalks,parkways, streets, and
medians.
(g) "Roadway" shall mean that portion of a street improved, designated, or ordinarily used
for vehicular travel.
(h) "Rope" is any rope, ribbon, string, line or other device used to delineate a public area for
parade viewing by private parties.
(i) "Seat"is any common chair, stool, folding chair, folding stool,bench or similar device
whose purpose is seating.
(j) "Sidewalk" shall mean any surface provided for the exclusive use of pedestrians.
(k) "Specific Event"shall mean the temporary use of public property, including,but not
limited to, streets,beaches, and parks for any purpose including,but not limited to, events
such as art shows, fund-raising events, sidewalk sales, amusement attractions,
walkathons, marathon runs, block parties, parades,performances,weddings, company
events and sporting events, or any combination thereof. This Chapter has no application
to events that are conducted on private property.
(1) "Street" shall mean all that area dedicated to public use for public street purposes and
shall include,but not be limited to, roadways, parkways, alleys, and sidewalks.
(m) "Structure (including grandstand)"is that which is framed, erected. Grandstand is a
structure whose primary purpose is seating.
13.54.020 Permit required. No person shall organize,produce, direct, conduct, manage,
institute or carry on any Specific Event without a permit first had and obtained from the Director.
No person shall promote, advertise, encourage or solicit attendance or otherwise participate in
any way in a Specific Event for which no permit has been issued, or for which such permit has
been suspended or revoked.
13.54.030 Permit application. An application for a permit shall be filed with the Director not
less than ninety (90) days nor more than two years before the date proposed for holding a
Specific Event. Such application shall be signed by the applicant, who must be at least eighteen
(18) years of age, or his authorized agent and shall be accompanied by a nonrefundable
application fee. The amount of said fee shall be established by resolution of the City Council.
13.54.040 Application--Contents of. Application for a permit to hold a Specific Event shall be
made on forms provided by the City, and shall contain the following:
(a) The sponsoring organization, the contact person, and the address and telephone number
of each;
(b) A detailed description of the Specific Event proposed to be held,the number of persons
participating in the event, the purpose of the event, the date, hours and location where the
event is proposed to be held, if alcohol is to be served or sold, or if closure of public
streets is required, a description of merchandise to be sold or any food and beverages to
be sold or otherwise made available to attendees of the Specific Event and the admission
fee, if any, to be charged;
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Huntington Beach Municipal Code 13.54.040(c)-13.54.090
(c) For parades, a description and map of the assembly area, disbanding area and the route to
be traveled; the assembly time, the starting time, the disbanding time; the maximum
parade length; the total number of bands, sound vehicles or musical units, if any, their
type and number of members in each unit; the total number of public address units,
including those that are stationary,mounted on vehicles or portable; the total number of
marching units, if any, their type and number of members in each unit; the number of
animals, if any, and type; the number of floats, if any,their size, type and methods of
power; and the space between their units and their speed; and the maximum number of
persons who will participate in the parade;
(d) A detailed description of the equipment to be used, if any, including the number and
types of vehicles, the number of public address or amplified sound systems,whether
mounted, portable, or stationary, the number and type of special units such as musical or
performance groups, animal zoos or shows,bleachers, canopies, tents,banners,
inflatables, generators and the like;
(e) An agreement that the City shall be compensated for any damage to public
property, and that the site shall be cleaned and restored to the condition in which
it was found prior to the holding of the Specific Event;
(f) Such other information as requested by the Director;
(g) Said application shall be signed by the applicant under penalty of perjury.
13.54.050 Permit—Specific Event for other than applicant. If such Specific Event is
designed to be held by, on behalf of or for any organization other than the applicant, the
applicant for such permit shall file a communication in writing from such organization,
authorizing the applicant to apply for such permit on its behalf.
13.54.060 Specific Events Committee established. There is hereby established a Specific
Events Committee composed of representatives of pertinent City departments and community
organizations, as appointed by the City Administrator.
13.54.070 Review of Permit Application by Director. Within thirty(30)business days
of the filing of the permit application with the Community Services Department,the
Director shall either issue the permit, deny the permit, or refer the permit application to
the Specific Events Committee for further review.
13.54.080 Denial by the Director. No action on the part of the Director within thirty
(30)business days of the filing of the permit application shall be deemed a denial.
13.54.090 Review of Permit Application to Specific Events Committee. At any time,
the Director may refer any permit application to the Specific Events Committee for
further investigation of the activity proposed to be conducted,the persons involved, and
other facts. The Specific Events Committee shall conduct a hearing on the application
within sixty(60) days after notification of referral of the permit application, after which
hearing the Specific Events Committee shall recommend to the Director to issue or deny
the permit.
6/03
13.54.100-13.54.140(d) Huntington Beach Municipal Code
13.54.100 Permit--Granting or refusal The granting or denial of any permit or part
thereof by the Director shall be final unless a written appeal is filed as provided
elsewhere in this Chapter. Failure to file an appeal within such ten(10) calendar day
period, shall constitute a waiver of the right to such appeal.
13.54.110 Permit--Late applications. The Director may consider any permit application filed
less than ninety(90) days prior to the time requested for holding a Specific Event.
13.54.120 Permit--Surety and insurance. Prior to the issuance of a permit, the Specific Events
Committee may require:
(a) In lieu of an agreement to compensate the City for loss or damage to public property,the
deposit of cash, check or money order in an amount sufficient to guarantee the cleaning
up of the site and the removal of any debris left as a result of the holding of a Specific
Event. If it is determined that such Specific Event will warrant the presence of City
personnel, the Director shall also require payment in full prior to issuance of a permit.
(b) That the applicant provide public liability insurance and property damage
insurance, including products liability coverage, workers compensation insurance,
and a separate additional insured endorsement written by an insurance company
acceptable to the City in the minimum limits as set by resolution of the City
Council.
13.54.130 Permit--Granting conditions. As a condition to granting such permit, the Director
may impose reasonable terms and regulations concerning the time and place of such Specific
Event; the area and manner of conducting such Specific Event; the maximum number of persons
participating therein; the use of amplified music, the regulation of traffic, if required, including
the number and type of vehicles; the number and type of signs, banners, and barricades to be
provided by applicant, if any, together with a plan of disposition attached to the application;
whether alcohol shall be allowed; and such other requirements as they may find reasonable and
necessary for the protection of persons and property. Any change in the approved plan must be
submitted to the Community Services Department and approved by the Director fourteen(14)
days in advance of the event. All applicable fees shall be paid at least thirty (30) days prior to
such event.
13.54.140 Permit—Denial. The Director, upon recommendation of the Specific Events
Committee shall not issue any permit if any of the following conditions exist:
(a) The application is not on the form provided or does not contain the required information;
(b) The applicant has knowingly made any false, misleading, or fraudulent statement of
material fact in the application for a permit;
(c) The building, structure, equipment, or location of such Specific Event does not comply
with or fails to meet all of the health, zoning, fire and safety requirements or standards of
all of the ordinances of the City of Huntington Beach or the state of California applicable
thereto;
(d) The activity or location of the activity is such as to interfere with or unreasonably
obstruct the free flow of vehicular traffic or other means of travel on any public street, or
with pedestrian traffic on the sidewalk;
6/03
Huntington Beach Municipal Code 13.54.140(e)-13.54.170
(e) Proof of insurance required by this Chapter as a prerequisite to the holding of a Specific
Event has not been filed with the City;
(f) The conduct of the Specific Event will be contrary to law;
(g) Applicant has had a similar Specific Event permit denied for good cause within one(1)
year prior to the application, and can show no material change in circumstances since
such denial;
(h) Applicant refuses to agree to, abide by or comply with all conditions and regulations
attendant upon such Specific Event permit;
(i) Such Specific Event will interfere or conflict with another Specific Event for which a
permit has already been issued, or will interfere or conflict with another Specific Event
for which no permit is required by this code;
(j) Applicant has failed to pay the assigned fees or failed to meet any other
conditions imposed by the Director.
13.54.150 Permit--Contents of. A Specific Event permit shall contain the following:
(a) The name of the person or organization to whom issued;
(b) The name and telephone number of the individual on-site contact person;
(c) The date,hour and location for the Specific Event; and
(d) Any on-site conditions imposed on the holding of such Specific Event.
13.54.160 Permit suspension or revocation. A permit for a Specific Event issued hereunder,
shall be summarily suspended or revoked by the Director at any time when there is reasonable
cause to believe that any of the grounds exist for which the original application for permit would
have been denied.
13.54.170 Appeal--Filing. An appeal from suspension, revocation or denial of a permit, or
conditions imposed thereupon by the Director, may be made to the City Administrator within ten
(10) calendar days after service of notice of such action on the applicant or permittee. Such
appeal shall be in writing, setting forth fully the grounds upon which the appeal is based, and
shall be filed with the City Clerk who shall forward copies to the City Administrator, and the
Director. The Director shall submit to the City Administrator the record of the case appealed.
The City Administrator shall rule on the appeal within ten (10) calendar days after receipt of
such record from the Director. The decision of the City Administrator may be appealed to the
City Council. Such appeal shall be filed with the City Clerk within ten(10) calendar days of
receipt of the decision of the City Administrator.
6/03
13.54.180-13.54.210(a) Huntington Beach Municipal Code
13.54.180 Appeal--Council action.
(a) Within sixty(60) days after filing a written appeal from the suspension,
revocation, or denial of a permit with the City Clerk, the City Council shall
consider the appeal at a regular meeting. Written notice of the time and place the
City Council will consider the appeal shall be mailed by the City Clerk to the
person who filed the appeal at least ten(10) days before the date set for hearing
unless the applicant/permittee shall waive notice in writing.
(b) In any appeal, the City Council shall consider the application, the record of the case
submitted by the Director and other pertinent information presented, and may grant or
deny the permit subject to the conditions, terms and regulations set forth in this Chapter.
The decision of the City Council shall be final.
(c) The City Clerk shall, within three (3) days after decision of the City Council, notify the
applicant/permittee in writing of the decision of the City Council.
13.54.190 Exceptions to provisions. No permit shall be required under this Chapter with
respect to:
(a) Any Specific Event sponsored by, or held under the auspices of, the City of Huntington
Beach;
(b) Any bona fide funeral procession, the purpose of which is to transport the remains of a
deceased person to a place of burial or cremation.
13.54.200 Fourth of July Parade-viewing. The purpose of this section is to establish
regulations concerning the viewing of the annual Fourth of July Parade.
(a) No person shall place a chair, structure, rope, sign or other item, on any public property
including center medians, prior to 12:01 a.m. on the 2nd of July and after 2:00 p.m. on
the 4`" of July.
(b) No person shall sell any seat or space on public property without permission from the
Director.
(c) No privately placed seating shall be so located or constructed on public property so as to
interfere with any person's viewing of the parade from a City-authorized and approved
grandstand.
13.54.210 Interference with.Specific Events. No person shall knowingly join or participate in
any Specific Event in violation of any of the terms, conditions, or regulations of the permit
issued therefore, or knowingly join or participate in any Specific Event without the consent and
over the objection of the permittee or in any manner interfere with the orderly conduct of such
event. "Interfere" for purposes of this ordinance shall mean:
(a) Placing furniture or erecting booths or stands within twenty feet of the area designated for
use by the permittee only; or so as to obstruct the view of audience members, after having
first been warned;
6/03
Huntington Beach Municipal Code 13.54.21 0(b)-1 3.54.250
(b) Operating a radio, loud speaker, or other similar device,whistle, or other machine or
musical instrument without permission from the permittee;
(c) Making noise, including yelling and screaming, either at a volume higher than that of the
event or in a manner so as to disturb the peace of others, after having been warned;
(d) Entering upon the stage or otherwise joining a performance without permission of the
permittee;
(e) Disrobing or engaging in other conduct which disrupts the event, after having been
warned.
13.54.220 Parking of vending vehicles. No person shall stop, let stand, or park any vehicle, for
the purpose of selling, or offering for sale there from, any goods, wares or merchandise on any
street on a parade route.
13.54.230 Enforcing officer. This chapter shall be enforced by the Director, as well as by
Peace Officers having jurisdiction of any area in which a violation of any provision of this title
takes place.
13.54.240 Permit Conditions. The permittee shall follow all conditions as set forth in the
permit.
13.54.250 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.
6/03
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,
1901-4174, 1927-8/74, 1996-8175,2020-12/75,2022-1/76,2205-7177,2218-11177,2400-11179,2535-3/82,2589-1/83,2709-6/84,
2826-5/86,2948-8/88,3119-7191,3302-11/95,3404-10/98,3496-5/01)
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
05/01
14.12.010(d)--14.12.045 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
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. (674-12/57,1996-8/75)
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.
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, 1901-4174,1996-8/75,2205-7/77,2218-11/77,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 fund. 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)
05/01
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. (697-12/57,1996-8n5)
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. (674-12/57,1996-8/75,2400-11/79,
2589-1/83)
10/98
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
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. (738-12/59,1927-8/74)
s
08/74
Huntington Beach Municipal Code 14.25.010--14.25.020(b)
Chapter 14.25
STORM WATER AND URBAN RUNOFF MANAGEMENT
(3364-8/97,3620-12/03)
Sections:
14.25.010 Purpose
14.25.020 Definitions
14.25.030 Prohibition on Illicit Connections and Prohibited Discharges
14.25.040 New Development and Significant Redevelopment
14.25.050 Scope of Inspections
14.25.060 Enforcement
14.25.070. Discharge Permit Procedure
14.25.080 Permit Suspension, Revocation or Modifications
14.25.090 Interagency Cooperation
14.25.100 Miscellaneous
14.25.110 Judicial Review
14.25.010 Purpose. The United States Congress passed the Clean Water Act 33 USC §1251 et
seq., as amended, including §402(p)therein as a mandate, in part, that municipal separate storm
sewer systems, such as in Orange County, obtain permits to "effectively prohibit non-storm water
discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the
maximum extent practicable." This permitting authority has been delegated by the United States
Environmental Protection Agency ("EPA")to the State of California, which has authorized the
State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality
Control Boards, to control non-point source discharges to California's waterways.
The Santa Ana and San Diego Regional Water Quality Control Boards have addressed the
obligation to implement the Clean Water Act by issuing Waste Discharge Requirements governing
storm water runoff for the County of Orange, Orange County Flood Control District and the
incorporated cities of Orange County. These permits shall be referred to collectively herein as the
National Pollution Discharge Elimination System Permit or "NPDES Permits."
The City of Huntington Beach is participating as a"Co-permittee" under the NPDES Permits in the
development and adoption of an ordinance to accomplish the requirements of the Clean Water Act.
Storm water runoff is one step in the natural cycle of water. However, human activities, such as
agriculture, construction and the operation and maintenance of an urban infrastructure may result
in undesirable discharges of pollutants and certain sediments, which may accumulate in local
drainage channels and waterways and eventually may be deposited in the waters of the United
States.
The purpose of this ordinance is to participate in the improvement of water quality and comply
with federal requirements for the control of urban pollutants to storm water runoff,which enters
the network of storm drains throughout Orange County.
14.25.020 Definitions.
(a) "Authorized Inspector" shall mean the Director of Public Works, Planning Director, Fire Chief
or Director of Building and Safety, and persons designated by and under his/her instruction
and supervision, who are assigned to investigate compliance with, detect violations of and/or
take actions pursuant to this ordinance. (3620-12/03)
i (b) "City" shall mean the City of Huntington Beach, Orange County, California.
12/03
14.25.020(c)--14.25.020(g)(9) Huntington Beach Municipal Code
(c) "Co-permittee" shall mean the County of Orange, the Orange County Flood Control District,
and/or any one of the thirty-one (31)municipalities, including the City of Huntington Beach,
which are responsible for compliance with the terms of the NPDES Permit.
(d) "DAMP" shall mean the Orange County Drainage Area Management Plan, as the same may be
amended from time to time.
(e) "Development Project Guidance" shall mean DAMP Chapter V11 and the Appendix thereto,
entitled Best Management Practices for New Development Including Nonresidential
Construction Projects, as the same may be amended from time to time.
(f) "Discharge" shall mean any release, spill, leak,pump, flow, escape, leaching (including
subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-
solid or solid substance.
(g) "Discharge Exception" shall mean the group of activities not restricted or prohibited by this
ordinance, including only:
(1) Discharges composed entirely of storm water;
(2) Discharges subject to regulation under current EPA or Regional Water Quality
Control Board issued NPDES permits, State General Permits, or other waivers,
permits or approvals granted by an appropriate government agency;
(3) Discharges from property for which best management practices set forth in the
Development Project Guidance are being implemented and followed;
(4) Discharges to the Storm Water Drainage System from potable water line flushing, fire
fighting activities, landscape irrigation systems, diverted stream flows, rising
groundwater, and de minimis groundwater infiltration to the Storm Water Drainage
System (from leaks in joints or connections or cracks in water drainage pipes or
conveyance systems);
(5) Discharges from potable water sources,passive foundation drains, air conditioning
condensation and other building roof runoff; agricultural irrigation water runoff;
water from crawl space pumps, passive footing drains, lawn watering,noncommercial
vehicle washing; flows from riparian habitats and wetlands; dechlorinated swimming
pool discharges;
(6) Discharges of reclaimed water generated by a lawfully permitted water treatment
facility;public street wash waters when related to cleaning and maintenance by, or on
behalf of,the City of Huntington Beach;
(7) Discharges authorized pursuant to a permit issued under the authority of the State
Water Control Board or other authorized agency. Discharges allowable under the
Domestic Sewage Exception; (3620-12/03)
(8) Discharges for which the discharger has reduced to the extent feasible the amount of
Pollutants in such Discharge; and
(9) Discharges authorized pursuant to federal or state laws or regulations.
1n any action taken to enforce this ordinance,the burden shall be on the person who is the
subject of such action to establish that a Discharge was within the scope of this Discharge
Exception.
12/03
Huntington Beach Municipal Code 14.25.020(h)--14.25.020(q)
(h) "City Attorney" shall mean the City Attorney of the City of Huntington Beach and his/her
designee, which counsel is authorized to take enforcement action as described herein. For
purposes of criminal prosecution, only the City Attorney, or his/her designee, shall act as the
City Attorney. (3620-12103)
(i) "EPA" shall mean the Environmental Protection Agency of the United States. (3620-12/03)
(j) "Hearing Officer" shall mean the Director of Public Works,Planning Director, Fire Chief or
Director of Building and Safety, or his/her designee,who shall preside at the administrative
hearings authorized by this ordinance and issue final decisions on the matters raised therein
(or) shall mean the appeals board established by separate resolution of the City Council,which
shall preside at the administrative hearings authorized by this ordinance and issue final
decisions on the matters raised therein. (3620-12/03)
(k) "Invoice for Costs" shall mean the actual costs and expenses of the City of Huntington Beach,
including but not limited to administrative overhead, salaries and other expenses recoverable
under State law, incurred during any Inspection conducted pursuant to this ordinance or where
a Notice of Noncompliance,Administrative Compliance Order or other enforcement option
under this ordinance is utilized to obtain compliance with this ordinance. (3620-12/03)
(1) "Illicit Connection" shall mean any man-made conveyance or drainage system,pipeline,
conduit, inlet or outlet through which the discharge of any Pollutant to the Storm Water
Drainage System occurs or may occur. The term Illicit Connection shall not include Legal
Nonconforming Connections or connections to the Storm Water Drainage System that are
hereinafter authorized by the agency with jurisdiction over the system at the location at which
the connection is made. (3620-12/03)
(m) "Legal Nonconforming Connection" shall mean connections to the Storm Water Drainage
System existing as of the adoption of this ordinance that were in compliance with all federal,
state and local rules, regulations, statutes and administrative requirements in effect at the time
the connection was established, including but not limited to any discharge permitted pursuant
to the terms and conditions of an individual discharge permit issued pursuant to the Industrial
Waste ordinance, County Ordinance No. 703. (3620-12/03)
(n) "New Development" shall mean all public and private residential (whether single family,
multi-unit or planned unit development), industrial, commercial, retail, and other
nonresidential construction projects, or grading for future construction, for which either a
discretionary land use approval, grading permit,building permit or Nonresidential Plumbing
Permit is required. (3620-12/03)
(o) "Nonresidential Plumbing Permit" shall mean a plumbing permit authorizing the construction
and/or installation of facilities for the conveyance of liquids other than storm water,potable
water, reclaimed water or domestic sewage. (3620-12/03)
(p) "NPDES Permit" shall mean the currently applicable municipal discharge permit(s)issued by
the Regional Water Quality Control Board, Santa Ana Region(and/or the Regional Water
Quality Control Board, San Diego Region, as appropriate),which permit(s) establishes waste
discharge requirements applicable to storm water runoff in the City of Huntington Beach.
(3620-12/03)
(q) "Person" shall mean any natural person as well as any corporation,partnership, government
entity or subdivision, trust, estate, cooperative association,joint venture,business entity, or
other similar entity, or the agent, employee or representative of any of the above. (3620-12/03)
12/03
14.25.020(r)--14.25.020(r)(14) Huntington Beach Municipal Code
(r) "Pollutant" shall mean any liquid, solid or semi-solid substances, or combination thereof,
including and not limited to: (3620-12/03)
(1) Artificial materials (such as floatable plastics, wood products or metal shavings);
(2) Household waste (such as trash,paper, and plastics; cleaning chemicals; yard wastes;
animal fecal materials; used oil and fluids from vehicles, lawn mowers and other
common household equipment);
(3) Metals and non-metals, including compounds of metals and non-metals (such as
cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide,phosphorus and arsenic)
with characteristics which cause an adverse effect on living organisms;
(4) Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease);
(5) Animal wastes (such as discharge from confinement facilities, kennels,pens and
recreational facilities, including, stables, show facilities, or polo fields);
(6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity
or odor;
(7) Waste materials and wastewater generated on construction sites and by construction
activities (such as painting and staining; use of sealants and glues; use of lime; use of
wood preservatives and solvents; disturbance of asbestos fibers,paint flakes or stucco
fragments; application of oils, lubricants, hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use of concrete
detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting
agents; and use of super chlorinated water for potable water line flushing);
(8) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand
or total organic carbon;
(9) Materials which contain base/neutral or acid extractable organic compounds;
(10) Those Pollutants defined in §1362(6) of the Federal Clean Water Act; and
(11) Any other constituent or material, including but not limited to pesticides, herbicides,
fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment
and particulate materials, in quantities that will interfere with or adversely affect the
beneficial uses of the receiving waters, flora or fauna of the State.
(12) Wash water resulting from the hosing or cleaning of gas stations, auto repair garages,
and other types of automobile service stations. (3620-12/03)
(13) Discharges resulting from the cleaning, repair, or maintenance of any type of equipment,
machinery, or facility,including motor vehicles, concrete mixing equipment,portable
toilet servicing, etc. (3620-12/03)
(14) Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet
cleaning, and other such mobile commercial and industrial activities. (3620-12/03)
12/03
Huntington Beach Municipal Code 14.25.020(r)(15)--14.25.020(v)
(15) Water from cleaning of municipal, industrial, and commercial sites, including parking
lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or
drinking areas, etc. (3620-12/03)
(16) Runoff from material storage areas or uncovered receptacles that contain chemicals,
fuels, grease, oil, or other hazardous materials. (3620-12/03)
(17) Discharges of runoff from the washing of toxic materials from paved or unpaved areas.
(3620-12/03)
(18) Discharges of pool or fountain water containing chlorine, biocides, or other chemicals;
pool filter backwash containing debris and chlorine. (3620-12/03)
(19) Restaurant or food processing facility wastes such as grease, floor mat and trash bin
wash water, food waste, etc. (3620-12/03)
Any item which is duplicative of another shall not be construed to exclude either item, as the same
item may be described more than one time. (3620-12/03)
(s) "Prohibited Discharge" shall mean any Discharge which contains any Pollutant, from public or
private property to: (3620-12/03)
(1) the Storm Water Drainage System;
(2) any upstream flow, which is tributary to the Storm Water Drainage System;
(3) any groundwater, river, stream, creek,wash or dry weather arroyo,wetlands area,marsh,
coastal slough; or
(4) any coastal harbor,bay, or the Pacific Ocean. The term Prohibited Discharge shall not
include Discharges allowable under the Discharge Exception.
(t) "Significant Redevelopment" shall mean the rehabilitation or reconstruction of public or
private residential (whether single family, multi-unit or planned unit development), industrial,
commercial, retail, or other nonresidential structures, for which either a discretionary land use
approval, grading permit,building permit or Nonresidential Plumbing Permit is required.
(3620-12/03)
(u) "State General Permit" shall mean either the State General Industrial Storm Water Permit or the
State General Construction Permit and the terms and requirements of either or both. In the
event the U.S. Environmental Protection Agency revokes the in-lieu permitting authority of
the State Water Resources Control Board, then the term State General Permit shall also refer
to any EPA administered storm water control program for industrial and construction
activities. (3620-12/03)
(v) "Storm Water Drainage System" shall mean street gutter, channel, storm drain, constructed
drain, lined diversion structure,wash area, inlet, outlet or other facility, which is a part of or
tributary to the Countywide storm water runoff system and owned, operated, maintained or
controlled by County of Orange,the Orange County Flood Control District or any Co-
permittee city, and used for the purpose of collecting, storing,transporting, or disposing of
Is storm water. (3620-12/03)
12/03
14.25.030--14.25.030(e)(3) Huntington Beach Municipal Code
14.25.030 Prohibition on illicit connections and prohibited discharges.
(a) No Person shall:
(1) Construct, maintain, operate and/or utilize any Illicit Connection.
(2) Cause, allow or facilitate any Prohibited Discharge.
(3) Act, cause, permit or suffer any agent, employee, or independent contractor, to construct,
maintain, operate or utilize any Illicit Connection, or cause, allow or facilitate any
Prohibited Discharge.
(b) The prohibition against Illicit Connections shall apply irrespective of whether the Illicit
Connection was established prior to the date of enactment of this ordinance; however, Legal
Nonconforming Connections shall not become Illicit Connections until the earlier of the
following:
(1) For all structural improvements to property installed for the purpose of Discharge to the
Storm Water Conveyance System, the expiration of five (5) years from the adoption of
this ordinance.
(2) For all nonstructural improvements to property existing for the purpose of Discharge to
the Storm Water Conveyance System, the expiration of six (6)months following delivery
of a notice to the owner or occupant of the property,which states a Legal Nonconforming
Connection has been identified. The notice of a Legal Nonconforming Connection shall
state the date of expiration of use under this ordinance.
(c) A civil or administrative violation of Section 14.25.030 shall occur irrespective of the
negligence or intent of the violator to construct, maintain, operate or utilize an Illicit
Connection or to cause, allow or facilitate any Prohibited Discharge.
(d) If an Authorized Inspector reasonably determines that a Discharge,which is otherwise within
the Discharge Exception, may adversely affect the beneficial uses of receiving waters, then the
Authorized Inspector may give written notice to the owner of the property or facility that the
Discharge Exception shall not apply to the subject Discharge following expiration of the thirty
(30) day period commencing upon delivery of the notice. Upon expiration of the thirty(30)
day period, any such Discharge shall constitute a violation of Section 14.25.030.
(e) The owner or occupant of property on which a Legal Nonconforming Connection exists may
request an administrative hearing,pursuant to the procedures set forth in Section 14.25.060 for
an extension of the period allowed for continued use of the connection. A reasonable
extension of use may be authorized by the Director of Public Works or City Engineer,upon
consideration of the following factors:
(1) The potential adverse effects of the continued use of the connection upon the beneficial
uses of receiving waters;
(2) The economic investment of the discharger in the Legal Nonconforming Connection; and
(3) The financial effect upon the discharger of a termination of the Legal Nonconforming
Connection.
08/97
Huntington Beach Municipal Code 14.25.040(a)--14.25.040(g)
14.25.040 New Development and Significant Redevelopment.
(a) All New Development and Significant Redevelopment shall be undertaken in accordance
with:
(1) The DAMP, including but not limited to the Development Project Guidance; and
(2) Any conditions and requirements established by the Community Development
Department and/or the Public Works Department,which are reasonably related to the
reduction or elimination of Pollutants in storm water runoff from the project site.
(b) Prior to the issuance of a grading permit,building permit or Nonresidential Plumbing Permit
for any New Development or Significant Redevelopment, the Community Development
Department and/or Public Works Department shall review the project plans and impose terms,
conditions and requirements on the project in accordance with Section 14.25.040. If the New
Development or Significant Redevelopment will be approved without application for a grading
permit,building permit or Nonresidential Plumbing Permit, the Community Development
Department and/or the Public Works Department shall review the project plans and impose
terms, conditions and requirements on the project in accordance with Section 14.25.040 prior
to the issuance of a discretionary land use approval or, at the city's discretion,prior to
recordation of a subdivision map.
(c) Notwithstanding the foregoing Section 14.25.040, compliance with the Development Project
Guidance shall not be required for construction of a(one) single family detached residence
unless the Community Development Department and/or Public Works Department determines
that the construction may result in the Discharge of significant levels of a Pollutant into a
tributary to the Storm Water Drainage System.
(d) Compliance with the conditions and requirements of the DAMP shall not exempt any Person
from the requirement to independently comply with each provision of this ordinance.
(e) If the Community Development Department and/or Public Works Department determines that
the project will have a de minimis impact on the quality of storm water runoff, then it may
issue a written waiver of the requirement for compliance with the provisions of the
Development Project Guidance.
(f) The owner of a New Development or Significant Redevelopment project, or upon transfer of
the property, its successors and assigns, shall implement and adhere to the terms, conditions
and requirements imposed pursuant to Section 14.25.040 on a New Development or
Significant Redevelopment project.
(1) Each failure by the.owner of the property or its successors or assigns to implement and
adhere to the terms, conditions and requirements imposed pursuant to Section 14.25.040
on a New Development or Significant Redevelopment project shall constitute a violation
of this ordinance.
(g) The Community Development Department and/or Public Works Department may require that
the terms, conditions and requirements imposed pursuant to Section 14.25.040 be recorded
with the County Recorder's office by the property owner. The signature of the owner of the
property or any successive owner shall be sufficient for the recording of these terms,
conditions and requirements and a signature on behalf of the city shall not be required for
recordation.
08/97
14.25.040(h)--14.25.050(c)(4) Huntington Beach Municipal Code
(h) Cost Recovery.
The City shall be reimbursed by the project applicant for all costs and expenses incurred by
the planning agency, Community Development Department and/or Public Works Department
in the review of New Development or Significant Development projects for compliance with
the DAMP. The Community Development Department and/or Public Works Department may
elect to require a deposit of estimated costs and expenses, and the actual costs and expenses
shall be deducted from the deposit, and the balance, if any, refunded to the project applicant.
(i) Litter Control.
No Person shall discard any waste material, including but not limited to common household
rubbish or garbage of any kind (whether generated or accumulated at a residence,business or
other location) upon any public or private property, whether occupied, open or vacant,
including but not limited to any street, sidewalk, alley, right-of-way, open area or point of
entry to the Storm Water Drainage System.
Every Person occupying or having charge and control of property on which a prohibited
disposal of waste materials occurs shall cause the proper collection and disposal of same.
A prohibited disposal of waste materials creates a danger to public health, safety and welfare,
and otherwise threatens the environment, surface waters and groundwater; therefore, any
owner or occupant of property who fails to remove waste material within a reasonable time
may be charged with creating a nuisance upon the property.
No Person shall discard any waste material, including but not limited to common household
rubbish or garbage of any kind (whether generated or accumulated at a residence,business or
other location) upon any public property, whether occupied, open or vacant, including but not
limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the Storm
Water Drainage System. (3364-8/97)
14.25.050 Scope of Inspections.
(a) Right to Inspect. Prior to commencing any inspection as hereinbelow authorized, the
Authorized Inspector shall obtain either the consent of the owner or occupant of the property
or shall obtain an administrative inspection warrant or criminal search warrant.
(b) Entry to Inspect. The Authorized Inspector may enter property to investigate the source of any
Discharge to any public street, inlet, gutter, storm drain or the Storm Water Drainage System
located within the jurisdiction of the city.
(c) Compliance Assessments. The Authorized Inspector may inspect property for the purpose of
verifying compliance with this ordinance, including but not limited to:
(1) Identifying products produced,processes conducted, chemicals used and materials stored
on or contained within the property,
(2) Identifying point(s) of discharge of all wastewater, process water systems and Pollutants,
(3) Investigating the natural slope at the location, including drainage patterns and man-made
conveyance systems,
(4) Establishing the location of all points of discharge from the property, whether by surface
runoff or through a storm drain system,
08/97
Huntington Beach Municipal Code 14.25.050(c)(5)--14.25.060(a)(1)(b)
(5) Locating any Illicit Connection or the source of Prohibited Discharge,
(6) Evaluating compliance with any permit issued pursuant to Section 14.25.070 hereof, and
(7) Investigating the condition of any Legal Nonconforming Connection.
(d) Portable Equipment. For purposes of verifying compliance with this ordinance, the
Authorized Inspector may inspect any vehicle,truck, trailer, tank truck or other mobile
equipment.
(e) Records Review. The Authorized Inspector may inspect all records of the owner or occupant
of property relating to chemicals or processes presently or previously occurring on-site,
including material and/or chemical inventories, facilities maps or schematics and diagrams,
Material Safety Data Sheets, hazardous waste manifests, business plans,pollution prevention
plans, State General Permits, Storm Water Pollution Prevention Plans, Monitoring Program
Plans and any other record(s)relating to Illicit Connections, Prohibited Discharges, a Legal
Nonconforming Connection or any other source of contribution or potential contribution of
Pollutants to the Storm Water Drainage System.
(f) Sample and Test. The Authorized Inspector may inspect, sample and test any area runoff,
soils area(including groundwater testing), process discharge, materials within any waste
storage area(including any container contents), and/or treatment system Discharge for the
purpose of determining the potential for contribution of pollutants to the Storm Water
Drainage System. The Authorized Inspector may investigate the integrity of all storm drain
and sanitary sewer systems, any Legal Nonconforming Connection or other pipelines on the
property using appropriate tests, including but not limited to smoke and dye tests or video
surveys. The Authorized Inspector may take photographs or video tape, make measurements
or drawings, and create any other record reasonably necessary to document conditions on the
property.
(g) Monitoring. The Authorized Inspector may erect and maintain monitoring devices for the
purpose of measuring any Discharge or potential source of Discharge to the Storm Water
Drainage System.
(h) Test Results. The owner or occupant of property subject to inspection shall, on submission of
a written request, receive copies of all monitoring and test results conducted by the Authorized
Inspector.
14.25.060 Enforcement.
(a) Administrative Remedies.
(1) Notice of Noncompliance. The Authorized Inspector may deliver to the owner or
occupant of any property, or to any Person responsible for an Illicit Connection or
Prohibited Discharge a Notice of Noncompliance. The Notice of Noncompliance shall
be delivered in accordance with Section 14.25.060 of this ordinance.
(a) The Notice of Noncompliance shall identify the provision(s)of this ordinance or the
applicable permit which has been violated. The Notice of Noncompliance shall state
that continued noncompliance may result in additional enforcement actions against
the owner, occupant and/or Person.
(b) The Notice of Noncompliance shall state a compliance date that must be met by the
. owner, occupant and/or Person;provided,however,that the compliance date may not
exceed ninety(90) days unless the Authorized Inspector extends the compliance
deadline an additional ninety(90) days where good cause exists for the extension.
08/97
14.25.060(a)(2)--14.25.060(3)(a)(i) Huntington Beach Municipal Code
(2) Administrative Compliance Orders.
(a) The Authorized Inspector may issue an Administrative Compliance Order. The
Administrative Compliance Order shall be delivered in accordance with Section
14.25.060 of this ordinance. The Administrative Compliance Order may be issued
to:
(i) The owner or occupant of any property requiring abatement of conditions on the
property that cause or may cause a Prohibited Discharge or an Illicit Connection
in violation of this ordinance;
(ii) The owner of property subject to terms, conditions or requirements imposed on
a project in accordance with Section 14.25.040 to ensure adherence to those
terms, conditions and requirements.
(iii) A Permittee subject to the requirements of any permit issued pursuant to Section
14.25.070 hereof to ensure compliance with the terms, conditions and
requirements of the permit.
(iv) Any Person responsible for an Illicit Connection or Prohibited Discharge.
(b) The Administrative Compliance Order may include the following terms and
requirements:
(i) Specific steps and time schedules for compliance as reasonably necessary to
prevent the imminent threat of a Prohibited Discharge, including but not limited
to a Prohibited Discharge from any pond, pit, well, surface impoundment,
holding or storage area;
(ii) Specific steps and time schedules for compliance as reasonably necessary to
discontinue any Illicit Connection;
(iii) Specific requirements for containment, cleanup, removal, storage, installation of
overhead covering, or proper disposal of any Pollutant having the potential to
contact storm water runoff,
(iv) Any other terms or requirements reasonably calculated to prevent the imminent
threat of or continuing violations of this ordinance, including,but not limited to
requirements for compliance with best management practices guidance
documents promulgated by any federal, State of California or regional agency;
(v) Any other terms or requirements reasonably calculated to achieve full
compliance with the terms, conditions and requirements of any permit issued
pursuant hereto.
(3) Cease and Desist Orders.
(a) The Authorized Inspector may issue a Cease and Desist Order. A Cease and Desist
Order shall be delivered in accordance with Section 14.25.060 of this ordinance. A
Cease and Desist Order may direct the owner or occupant of any property and/or
other Person responsible for a violation of this ordinance to:
(i) Immediately discontinue any Illicit Connection or Prohibited Discharge to the
Storm Water Drainage System;-
08/97
Huntington Beach Municipal Code 14.25.060(3)(a)(ii)--14.25.060(a)(6)
(ii) Immediately contain or divert any flow of water off the property,where the
flow is occurring in violation of any provision of this ordinance;
(iii) Immediately discontinue any other violation of this ordinance;
(iv) Clean up the area affected by the violation.
(b) The Authorized Inspector may direct by Cease and Desist Order that the owner of
any property or any Permittee under any permit issued pursuant to Section VIII
hereof:
(i) Immediately cease any activity not in compliance with the terms, conditions and
requirements of the applicable permit.
(4) Recovery of Costs. The Authorized Inspector may deliver to the owner or occupant of
any property, any Permittee or any other Person who becomes subject to a notice of
noncompliance or administrative order, an Invoice for Costs. An Invoice for Costs shall
be delivered in accordance with Section 14.25.060 of this ordinance. An Invoice for
Costs shall be immediately due and payable to the city for the actual costs incurred by
the City in issuing and enforcing any notice or order.
(a) If any owner or occupant, Permittee or any other Person subject to an invoice for
costs fails to either pay the Invoice for Costs or appeal successfully the Invoice for
Costs in accordance with Section 14.25.060, then the City Attorney may institute
collection proceedings.
(5) Delivery of Notice. Any Notice of Noncompliance, Administrative Compliance Order,
Cease and Desist Order or Invoice of Costs to be delivered pursuant to the requirements
of this ordinance shall be subject to the following:
(a) The notice shall state that the recipient has a right to appeal the matter as set forth in
Section 14.25.060 of this ordinance.
(b) Delivery shall be deemed complete upon(i)personal service to the recipient; (ii)
deposit in the U.S. mail,postage pre-paid for first class delivery; or(iii) facsimile
service with confirmation of receipt.
(c) Where the recipient of notice is the owner of the property, the address for notice shall
be the address from the most recently issued equalized assessment roll for the
property or as otherwise appears in the current records of the city.
(d) Where the owner or occupant of any property cannot be located after the reasonable
efforts of the Authorized Inspector, a Notice of Noncompliance or Cease and Desist
Order shall be deemed delivered after posting on the property for a period of ten(10)
business days.
(6) Administrative Hearing for Notices of Noncompliance, Administrative Compliance
Orders, Invoices for Costs and Adverse Determinations. Except as set forth in Paragraph
8, any Person receiving a Notice of Noncompliance, Administrative Compliance Order,a
notice of Legal Nonconforming Connection, an Invoice for Costs, or any Person who is
subject to any adverse determination made pursuant to this ordinance, may appeal the
matter by requesting an administrative hearing. Notwithstanding the foregoing,these
administrative appeal procedures shall not apply to criminal proceedings initiated to
enforce this ordinance.
os/97
14.25.060(a)(7)--14.25.060(b) Huntington Beach Municipal Code
(7) Request for Administrative Hearing. Any person appealing a Notice of Noncompliance,
an Administrative Compliance Order, a notice of Legal Nonconforming Connection, an
Invoice for Costs or an adverse determination shall, within thirty(30) days of receipt
thereof, file a written request for an administrative hearing, accompanied by an
administrative hearing fee as established by separate resolution, with the Office of the
City Clerk, with a copy of the request for administrative hearing mailed on the date of
filing to the City Administrator. Thereafter, a hearing on the matter shall be held before
the Hearing Officer within forty-five (45)business days of the date of filing of the
written request unless, at the reasonable discretion of the Hearing Officer and pursuant
to a written request by the appealing party, a continuance of the hearing is granted.
(8) Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions.
An administrative hearing on the issuance of a Cease and Desist Order or following a
emergency abatement action shall be held within five (5)business days following the
issuance of the order or the action of abatement,unless the hearing(or the time
requirement for the hearing) is waived in writing by the party subject to the Cease and
Desist Order or the emergency abatement. A request for an administrative hearing shall
not be required from the Person subject to the Cease and Desist Order or the emergency
abatement action.
(9) Hearing Proceedings. The Authorized Inspector shall appear in support of the notice,
order, determination, Invoice for Costs or emergency abatement action, and the
appealing party shall appear in support of withdrawal of the notice, order, determination,
Invoice for Costs, or in opposition to the emergency abatement action. The City shall
have the burden of supporting any enforcement or other action by a preponderance of the
evidence. Each party shall have the right to present testimony and other documentary
evidence as necessary for explanation of the case.
(10) Final Decision and Appeal. The final decision of the Hearing Officer shall be issued
within ten(10) business days of the conclusion of the hearing and shall be delivered by
first-class mail, postage prepaid, to the appealing party. The final decision shall include
notice that any legal challenge to the final decision shall be made pursuant to the
provisions of Code of Civil Procedure §§1094.5 and 1094.6 and shall be commenced
within ninety(90) days following issuance of the final decision. (The administrative
hearing fee paid by a prevailing party in an appeal shall be refunded.)
(a)Notwithstanding this Section 10, the final decision of the Hearing Officer in any
preceding determining the validity of a Cease and Desist Order or following an
emergency abatement action shall be mailed within five (5)business days following
the conclusion of the hearing.
(11) City Abatement. In the event the owner of property, the operator of a facility, a
Permittee or.any other Person fails to comply with any provision of a compliance
schedule issued to such owner, operator, Permittee or Person pursuant to this ordinance,
the Authorized Inspector may request the City Attorney to obtain an abatement warrant
or other appropriate judicial authorization to enter the property, abate the condition and
restore the area. Any costs incurred by the city in obtaining and carrying out an
abatement warrant or other judicial authorization may be recovered pursuant to Section
14.25.060.
(b) Nuisance.
Any condition in violation of the prohibitions of this ordinance,including but not limited to
the maintenance or use of any Illicit Connection or the occurrence of any Prohibited
Discharge, shall constitute a threat to the public health, safety and welfare, and is declared and
deemed a nuisance pursuant to Government Code §38771.
08/97
Huntington Beach Municipal Code 14.25.060(b)(1)--14.25.060(c)(2)
(1) Court Order to Enjoin or Abatement. At the request of the Administrator, the City
Attorney may seek a court order to enjoin and/or abate the nuisance.
(2) Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a
nuisance or threatened nuisance, the Authorized Inspector shall provide notice of the
proposed injunction or abatement to the owner and occupant, if any, of the property
where the nuisance or threatened nuisance is occurring.
(3) Emergency Abatement. In the event the nuisance constitutes an imminent danger to
public safety or the environment,the Authorized Inspector may enter the property from
which the nuisance emanates, abate the nuisance and restore any property affected by the
nuisance. To the extent reasonably practicable, informal notice shall be provided to the
owner or occupant prior to abatement. If necessary to protect the public safety or the
environment, abatement may proceed without prior notice to or consent from the owner
or occupant thereof and without judicial warrant.
(a) An imminent danger shall include,but is not limited to, exigent circumstances
created by the dispersal of Pollutants, where the same presents a significant and
immediate threat to the public safety or the environment.
(b) Notwithstanding the authority of the city to conduct an emergency abatement action,
an administrative hearing pursuant to Section 14.25.060 hereinabove shall follow the
abatement action.
(4) Reimbursement of Costs. All costs incurred by the city in responding to any nuisance,
all administrative expenses and all other expenses recoverable under State law, shall be
recoverable from the Person(s) creating, causing, committing, permitting or maintaining
the nuisance.
(5) Nuisance Lien. All costs shall become a lien against the property from which the
nuisance emanated and a personal obligation against the owner thereof in accordance
with Government Code §38773.1 and §38773.5. The owner of record of the property
subject to any lien shall be given notice of the lien prior to recording as required by
Government Code §38773.1.
(a) At the direction of the Authorized Inspector,the City Attorney is authorized to
collect nuisance abatement costs or enforce a nuisance lien in an action brought for a
money judgment or by delivery to the County Assessor of a special assessment
against the property in accord with the conditions and requirements of Government
Code §38773.5.
(c) Criminal Sanctions.
(1) Prosecutor. The City Attorney may act on the request of the Authorized Inspector to
pursue enforcement actions in accordance with the provisions of this ordinance.
(2) Infractions. Notwithstanding any penalty ordinance in the Code, any Person who may
otherwise be charged with a misdemeanor under this ordinance may be charged, at the
discretion of the City Attorney, with an infraction punishable by a fine of not more than
$100 for a first violation, $200 for a second violation, and a fine not exceeding$500 for
each additional violation occurring within one year. (3620-12103)
12/03
14.25.060(c)(3)--14.25.060(h) Huntington Beach Municipal Code
(3) Misdemeanors. Any Person who negligently or knowingly violates any provision of this
ordinance, undertakes to conceal any violation of this ordinance, continues any violation
of this ordinance after notice thereof, or violates the terms, conditions and requirements
of any permit issued pursuant to this ordinance, shall be guilty of a misdemeanor
punishable by a fine of not more than$1,000 or by imprisonment for a period of not more
than six (6)months, or both.
(4) Administrative Citations. (3620-12/03)
(d) Consecutive Violations.
Each day in which a violation occurs and each separate failure to comply with either a separate
provision of this ordinance an Administrative Compliance Order, a Cease and Desist Order or
a permit issued pursuant to this ordinance, shall constitute a separate violation of this
ordinance punishable by fines or sentences issued in accordance herewith.
(e) Nonexclusive Remedies.
Each and every remedy available for the enforcement of this ordinance, shall be nonexclusive
and it is within the discretion of the Authorized Inspector or City Attorney to seek cumulative
remedies, except that multiple monetary fines or penalties shall not be available for any single
violation of this ordinance.
(f) Citations.
Pursuant to Penal Code §836.5, the Authorized Inspector shall have the authority to cause the
arrest of any Person committing a violation of this ordinance. The Person shall be released
and issued a citation to appear before a magistrate in accordance with Penal Code §853.5,
§853.6, and §853.9, unless the Person demands to be taken before a magistrate. Following
issuance of any citation the Authorized Inspector shall refer the matter to the City Attorney.
Each citation to appear shall state the name and address of the violator, the provisions of this
ordinance violated, and the time and place of appearance before the court, which shall be at
least ten(10)business days after the date of violation. The Person cited shall sign the citation
giving his or her written promise to appear as stated therein. If the Person cited fails to appear,
the City Attorney may request issuance of a warrant for the arrest of the Person cited.
(g) Violations of Other Laws.
Any Person acting in violation of this ordinance also may be acting in violation of the Federal
Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to
sanctions including civil liability. Accordingly, the City Attorney is authorized to file a citizen
suit pursuant to Federal Clean Water Act §505(a), seeking penalties, damages, and orders
compelling compliance and other appropriate relief. The City Attorney may notify EPA
Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other
appropriate state or local agency, of any alleged violation of this ordinance.
(h) Injunctions.
At the request of the Authorized Inspector,the City Attorney may cause the filing in a court of
competent jurisdiction of a civil action seeking an injunction against any threatened or
continuing noncompliance with the provisions of this ordinance.
12/03
Huntington Beach Municipal Code 14.25.060(h)(1)--14.25.070(c)(1)
(1) Order for Reimbursement. Any temporary,preliminary or permanent injunction issued
pursuant hereto may include an order for reimbursement to the city of all costs incurred
in enforcing this ordinance, including costs of inspection, investigation and monitoring,
the costs of abatement undertaken at the expense of the city, costs relating to restoration
of the environment and all other expenses as authorized by law.
(i) Other Civil Remedies.
(1) The Authorized Inspector may cause the City Attorney to file an action for civil damages
in a court of competent jurisdiction seeking recovery of(a) all costs incurred in
enforcement of the ordinance, including but not limited to costs relating to investigation,
sampling, monitoring, inspection, administrative expenses, all other expenses as
authorized by law, and consequential damages, (b) all costs incurred in mitigating harm
to the environment or reducing the threat to human health, and(c) damages for
irreparable harm to the environment.
(2) The City Attorney is authorized to file actions for civil damages resulting from any
trespass or nuisance occurring on public land or to the Storm Water Drainage System
from any violation of this ordinance where the same has caused damage, contamination
or harm to the environment,public property or the Storm Water Drainage System.
(3) The remedies available to the city pursuant to the provisions of this ordinance shall not
limit the right of the city to seek any other remedy that may be available by law.
14.25.070 Discharge Permit Procedure.
(a) Permit. On application of the owner of property or the operator of any facility, which property
or facility is not otherwise subject to the requirements of a State General Permit or a National
Pollution Discharge Elimination System Permit regulating storm water discharges, the
Director of Public Works may issue a permit authorizing the release of non-storm water
Discharges to the Storm Water Drainage System if:
(1) The Discharge of material or constituents is reasonably necessary for the conduct of
otherwise legal activities on the property; and
(2) The Discharge will not cause a nuisance, impair the beneficial uses of receiving waters,
or cause any reduction in established water quality standards.
(b) Application. The applicant shall provide all information requested by the Director of Public
Works for review and consideration of the application, including but not limited to specific
detail as to the activities to be conducted on the property,plans and specifications for facilities
located on the property, identification of equipment or processes to be used on-site and other
information as may be requested in order to determine the constituents, and quantities thereof,
which may be discharged if permission is granted.
(c) Permit Issuance. The permit shall be granted or denied by the Director of Public Works, or
his/her designated representative, no later than sixty(60)business days following the
completion and acceptance of the application as determined by the Director of Public Works.
(1) The applicant shall be notified in person or by first-class mail,postage prepaid, of the
action taken.
08/97
14.25.070(d)--14.25.080(a(1) Huntington Beach Municipal Code
(d) Permit Conditions. The permit may include terms, conditions and requirements to ensure
compliance with the objectives of this ordinance and as necessary to protect the receiving
waters, including but not limited to:
(1) Identification of the Discharge location on the property and the location at which the
Discharge will enter the Storm Water Drainage System;
(2) Identification of the constituents and quantities thereof to be discharged into the Storm
Water Drainage System;
(3) Specification of pollution prevention techniques and structural or nonstructural control
requirements as reasonably necessary to prevent the occurrence of potential Discharges
in violation of this ordinance;
(4) Requirements for self-monitoring of any Discharge;
(5) Requirements for submission of documents or data, such as technical reports,production
data, Discharge reports, self-monitoring reports and waste manifests; and
(6) Other terms and conditions appropriate to ensure compliance with the provisions of this
ordinance and the protection of receiving waters, including requirements for compliance
with best management practices guidance documents approved by any federal, State of
California or regional agency.
(e) General Permit. At the discretion of the Director of Public Works, the permit may, in
accordance with the conditions identified in Section 14.25.070 hereinabove, be prepared as a
general permit applicable to a specific category of activities. If a general permit is issued, any
Person intending to Discharge within the scope of the authorization provided by the general
permit may do so by filing an application to Discharge with the Director of Public Works. No
Discharge within the scope of the general permit shall occur until such application is so filed.
(1) Notwithstanding the foregoing in this subsection(e), the Director of Public Works, at his
discretion, may eliminate the requirement that an application for a general permit be
filed for any specific activity for which a general permit has been issued.
(f) Permit Fees. The permission to Discharge shall be conditioned upon the applicant's payment
of the city's costs, in accordance with a fee schedule adopted by separate resolution, as
follows:
(1) For individually issued permits, the costs of reviewing the permit application,preparing
and issuing the permit, and the costs reasonably related to administrating this permit
program.
(2) For general permits, the costs of reviewing the permit application, that portion of the
costs of preparing the general permit which is reasonably attributable to the Permittee's
application for the general permit, and the costs reasonably related to administering the
general permit program.
14.25.080 Permit Suspension, Revocation or Modification.
(a) The Director of Public Works may suspend or revoke any permit when it is determined that:
(1) The Permittee has violated any term, condition or requirement of the permit or any
applicable provision of this ordinance; or
08/97
Huntington Beach Municipal Code 14.25.080(a)(2)--14.25.080(d)(2)(b)
(2) The Permittee's Discharge or the circumstances under which the Discharge occurs have
changed so that it is no longer appropriate to except the Discharge from the prohibitions
on Prohibited Discharge contained within this ordinance; or
(3) The Permittee fails to comply with any schedule for compliance issued pursuant to this
ordinance; or
(4) Any regulatory agency, including EPA or a Regional Water Quality Control Board
having jurisdiction over the Discharge, notifies the city that the Discharge should be
terminated.
(b) The Director of Public Works may modify any permit when it is determined that:
(1) Federal or state law requirements have changed in a manner that necessitates a change in
the permit; or
(2) The Permittee's Discharge or the circumstances under which the Discharge occurs have
changed so that it is appropriate to modify the permit's terms, conditions or
requirements; or
(3) A change to the permit is necessary to ensure compliance with the objectives of this
ordinance or to protect the quality of receiving waters.
The Permittee,or, in the case of a general permit, each Person who has filed an application
pursuant to Section 14.25.070, shall be informed of any change in the permit terms and
conditions at least forty-five (45)business days prior to the effective date of the modified
permit.
(c) The determination that a permit shall be denied, suspended,revoked or modified may be
appealed by a Permittee pursuant to the same procedures applicable to appeal of an
Administrative Compliance Order hereunder. In the absence of a judicial order to the
contrary, the Permittee may continue to Discharge pending issuance of the final administrative
decision by the Hearing Officer.
(d) Permit Enforcement.
(1) Penalties. Any violation of the terms, conditions and requirements of any permit issued
by the Director of Public Works shall constitute a violation of this ordinance and subject
the violator to the administrative, civil and criminal remedies available under this
ordinance.
(2) Compliance with the terms, conditions and requirements of a permit issued pursuant to
this ordinance shall not relieve the Permittee from compliance with all federal, state and
local laws, regulations and permit requirements applicable to the activity for which the
permit is issued.
(a) Limited Permittee Rights. Permits issued under this ordinance are for the Person or
entity identified therein as the "Permittee" only, and authorize the specific operation
at the specific location identified in the permit. The issuance of a Permit does not
vest the Permittee with a continuing right to Discharge.
(b) Transfer of Permits. No permit issued to any Person may be transferred to allow:
08/97
14.25.080(d)(2)(b)(i)--14.25.110 Huntington Beach Municipal Code
(i) A Discharge to the Storm Water Drainage System at a location other than the
location stated in the original permit; or
(ii) A Discharge by a Person other than the Person named in the permit,provided,
however, that the city may approve a transfer if written approval is obtained, in
advance, from the Director of Public Works.
14.25.090 Interagency Cooperation.
(a) The city intends to cooperate with other agencies with jurisdiction over storm water discharges
to ensure that the regulatory purposes underlying storm water regulations promulgated
pursuant to the Clean Water Act (33 USC §1251 et seq.) are met.
(b) The city may, to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections, permits and
enforcement authorized by this ordinance.
14.25.100 Miscellaneous.
(a) Compliance Disclaimer.
Full compliance by any Person or entity with the provisions of this ordinance shall not
preclude the need to comply with other local, state or federal statutory or regulatory
requirements, which may be required for the control of the Discharge of Pollutants into storm
water and/or the protection of storm water quality.
(b) Severability. 0
If any provision of this ordinance or the application of the ordinance to any circumstance is
held invalid, the remainder of the ordinance or the application of the ordinance to other
Persons or circumstances shall not be affected.
(c) Repeal of Prior Ordinance.
The enactment of this ordinance by city shall repeal the provisions of County Ordinance No.
703, enacted for the permitting of Discharges of industrial waste to ground or surface waters
and no new Discharge permits shall be issued thereunder; provided,however, that connection
to Discharge under the terms and conditions of any individual Discharge permit issued prior to.
the date of enactment of the Water Quality ordinance shall be allowed hereunder as a Legal
Nonconforming Connection.
14.25.110 Judicial Review..
The provisions of§1094.5 and §1094.6 of the Code of Civil Procedure set forth the procedure for
judicial review of any act taken pursuant to this ordinance. Parties seeking judicial review of any
action taken pursuant to this ordinance shall file such action within ninety(90) days of the
occurrence of the event for which review is sought.
8/97
Huntington Beach Municipal Code 14.36.005--14.36.006(e)
Chapter 14.36
SEWER SYSTEM SERVICE CONNECTIONS, FEES, CHARGES AND DEPOSITS
(741-1/60; 1001-10/63, 1100-12/64,2022-1/76,2481-5/81,2564-8/82,2608-3/83,2931-4/88,2985-3/89,3613-9/03)
Sections:
14.36.005 Intent and Purpose
14.36.006 Definitions
14.36.010 Service application-Form
14.36.020 (Repealed, Ord. No. 3613-9/03)
14.36.030 Encroachment permit-Connection by applicant
14.36.040 Change of occupancy-Installation of separate lines
14.36.050 Maintenance and repair
14.36.060 Private premises-User/owner responsibility
14.36.070 Sanitary Sewer Facilities Fund Established-Fees and Charges
14.36.080 (Repealed, Ord. No. 3613-9/03)
14.36.085 City Sewer Service Area-Fee schedule
14.36.090 Payment
14.36.100 Fee Adjustments
14.36.110 Annual Construction Cost Index Adjustments
14.36.005 Intent and Purpose This Chapter is intended to implement the goals, objectives and
policies of the City of Huntington Beach General Plan, by ensuring the long-term adequacy of the
City's sewer facilities are maintained when new development is constructed within the City
limits. By imposing a fee or charge that is reasonably related to the burdens created by new
development on the City's sewer 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 charge 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.
(3613-9/03)
14.36.006 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.
(b) "City" shall mean the City of Huntington Beach.
(c) "Equivalent Dwelling Unit (EDU)" shall refer to the unit cost assessed to a non-residential
development.
(d) "Multiple Family Dwelling Unit," shall mean a building or buildings designed with two (2)
or more dwelling units.
(e) "Public Works Director" shall mean the Director of Public Works or the Director's designee.
09103
14.36.006(fl--14.36.050(b) Huntington Beach Municipal Code
(f) "Sewer Connection Fee,""Fee"or"Charge" shall mean the fee imposed on new development
projects pursuant to this Chapter.
(g) "Single Family Unit' shall mean a detached building designed primarily for use as a single
dwelling, no portion of which is rented as a separate unit, except as permitted by this Code.
Attached single family dwellings shall be considered as multi-family.
(3613-9/03)
14.36.010 Service application-Form. All persons requesting service from the City Sewer
System shall file a written application, signed by the applicant, or his agent, containing the
following information:
(a) The address or location of the premises to be served;
(b) Whether the applicant is owner, developer, occupant or lessee, or agent of any of the
foregoing;
(c) The name and address of the applicant if such person is not the occupant or lessee of the
premises;
(d) Any additional information which the Director may require.
(2931-4188,3613-9/03)
14.36.030 Encroachment permit-Connection by applicant.
(a) No person shall install any pipe, apparatus, appliance or connection to any part of the City
Sewer System without first obtaining an encroachment permit to do so. The applicant shall
bear the cost for all labor and materials, and shall be a licensed contractor or shall employ a
contractor duly licensed under the laws of the State of California to perform such work. The
applicant shall also be responsible for the cost of constructing, maintaining, or replacing any
part of a sewer system on private property, required by the Director, from the sewer main line
to and including any on-site structure.
(b) Applicant shall comply with all relevant portions of Title 12 of this code not inconsistent
with the provisions of this chapter.
(2931-4/88,3613-9/03)
14.36.040 Change of occupancy-Installation of separate lines. Whenever occupancy on a
parcel of land is changed from one to two or more, and more than one occupancy on such parcel
is served by the City Sewer System, an additional connection fee shall apply. The Director, at his
discretion, may require the owner of such a parcel of land to install separate sewer lines for each
occupancy. (2931-4/88,3613-9/03)
14.36.050 Maintenance and repair.
(a) Repair and maintenance of all sewer mains dedicated to the city shall be the responsibility of
the city.
(b) Repair and maintenance of all privately-owned sewer mains and all lateral lines, equipment
and appurtenances connected to the city sewer mains shall be the responsibility of the
owner/user, and shall meet the requirements contained in Title 12 of this code.
(2931-4/88,3613-9/03)
09/03
Huntington Beach Municipal Code 14.36.060--14.36.085
• 14.36.060 Private premises-User/owner responsibility. The city shall in no way whatsoever
be responsible for any damage to persons or property because of any leakage, breakage, or
seepage from, or accident or damage to, any sewer pipe or its appurtenances located on any
private premises; nor shall the city be responsible for or on account of any damage, injury or loss
caused directly or indirectly by the existence on private premises of any sewer pipe or its
appurtenances. (2931-4/88, 3613-9/03)
14.36.070 Sanitary Sewer Facilities Fund Established-Fees and Charges.
(a) There is hereby established, pursuant to California Government Code Sections 66013 and
66483 et seq., a Sanitary Sewer Facilities Fund. As a condition precedent to granting
applications for sewer connections, or an increase in an applicant's water meter size, the
Department of Public Works is hereby authorized to collect fees and charges in amounts
which shall not exceed the estimated reasonable cost of providing a City Sewer System,
maintaining same, and for future replacements or extensions thereof ("Sewer Service
Charge"). All monies collected pursuant to this Chapter shall be deposited into the Sanitary
Sewer Facilities Fund.
(b) Except as otherwise provided in Chapter 14.44, the Sewer Service Charge authorized by this
Chapter shall be collected and expended solely for the construction or reimbursement for
construction of sanitary sewer facilities within the City's service area, and to reimburse the
City for the cost of engineering and construction services to rehabilitate existing facilities or
construct new sewer facilities.
(c) The monies collected pursuant to this Chapter and deposited into the Sanitary Sewer
Facilities Fund account shall be used solely for the purposes specified in this Chapter. All
monies deposited into the Sanitary Sewer Facilities Fund shall be held separate and apart from
other City funds. All interest and other earnings on the unexpended balance in the Sanitary
Sewer Facilities Fund shall be credited to the Sanitary Sewer Facilities Fund.
(d) Within 180 days after the last day of each fiscal year, the City Council shall review the status
of compliance with this Chapter, including the amount of funds collected, expenditures from
the Sanitary Sewer Fund Facilities Reserve Account, and the degree to which the fees and
charges collected pursuant to this Chapter have been expended on existing sewer system
facilities or new facilities that benefit the applicant or the development for which the fee or
charge was collected. 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 and the Sewer Master Plan. Each year between periodic reviews of the fee
formula, the fee shall be increased by a factor to account for inflation in construction costs, as
provided for by Section 14.36.110.
(2931-4/88,3613-9/03)
14.36.085 City Sewer Service Area-Fee schedule. The City operates and maintains a City-wide
wastewater collection and pumping system. The City's planned local sanitary service area is as
described in the City's Sewer Master Plan and consists of a City-wide sanitary sewer system. The
Sewer Master Plan evaluates the capacity of this City-wide sewer system and identifies a plan to
provide sewer service to existing and anticipated future users as a result of new development.
The Sewer Master Plan also contains an estimate of total costs of constructing the City's sewer
9/03
14.36.085-14.36.110(b) Huntington Beach Municipal Code
facilities required by the Sewer Master Plan to serve new development, a map of the City's
Sewer Service Area and the location of the City's sewer facilities. The Sewer Service Charge
authorized by this Chapter shall be set by resolution of the City Council, which resolution shall
set forth the Sewer System Charge for Single Family Dwelling Units,Multiple Family Dwelling
Units and for Equivalent Dwelling Units ("EDU") as defined by this Chapter.
(2931-4/88,3613-9/03)
14.36.090 Payment.
(a) The Sewer Service Charge and all other applicable sewer fees, including county sewer fees,
shall be paid to the city prior to recording the final subdivision map with the County
Recorder's Office, or prior to issuance of a building permit by the city if a subdivision map is
not required.
(b) The subdivider or person to whom a building permit has been issued may enter into a
standard reimbursement agreement with the city,pursuant to Chapter 14.44 of this code.
(2931-4/88,2985-3/89, 3613-9/03)
14.36.100 Fee Adjustments. Any applicant subject to the Sewer Service Charge authorized by
this Chapter may apply to the Director of Public Works for a reduction, adjustment or waiver of
the fee. Circumstances that may justify a fee adjustment include an applicant's proposal to
increase to a larger water meter size and sufficient information about the prior use is available to
determine that credit for the existing meter size is warranted. A decision of the Director of Public
Works to deny an applicant's request for a fee adjustment or waiver may be appealed by filing a
fee adjustment application with the Director of Public Works. Such application shall be made on
a form provided by the Director of Public Works and shall be filed with the Director of Public
Works at the time of the application for building permit. Each application shall state in detail the
factual basis for the requested fee reduction, adjustment or waiver. The Director of Public Works
shall determine if the fee adjustment application is complete. The Public Works Commission
shall consider the fee adjustment application at a hearing within sixty(60) days after the fee
adjustment application is deemed complete by the Director of Public Works. The decision of the
Public Works Commission will be final with respect to City action on the appeal.
(2931-4/88,3613-9/03)
14.36.110 Annual Construction Cost Index Adjustments
(a) Each Sewer System Charge shall be adjusted to reflect the annual percentage adjustment in
the Construction Cost Index ("CCI") established by Engineering News Record as published
by McGraw Hill Construction/McGraw Hill Companies 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.
(2931-4/88,3613-9/03)
9/03
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
(3505-10/01,3570-10/02,3614-10/03)
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. (3505-10101)
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. (3505-10/01,3570-10/02,3614-10/03)
Customer Category Charge Type Charge
Residential - Single- Flat rate for all customers in $6.2456 per
family and townhouses category. unit per
with individual meters. month
Apartment - All Flat rate for all customers in $5.1808 per
apartments, mobile category. unit per
homes, and townhouses month
served by common
water meters.
Regular Flat rate amount per Equivalent $7.2484 per
Commercial/Industrial: Dwelling Unit (EDU). EDU refers to EDU per
Most businesses, either(1) the capacity of a month
including private customer's water meter in
schools. comparison to a standard 3/4 inch
meter, or(2)the number of tenant
units that receive water service-
through the water meter, whichever
is higher.
High-Consumption Flat rate per hundred cubic feet $1.3563 per
Commercial/Industrial- (HCF) of estimated sewer discharge. HCF per year
Businesses with high
water consumption
relative to their meter
size.
Public Schools - All Flat rate per student per year, with a High School:
public K-8 and high different rate per student for K-8 and $1.9948 per
school districts with for high schools. ADA—Average ADA per
schools in the City. Daily Attendance. year.
K-8:
$1.2846 per
ADA per year
(3505-10/01,3570-10/02,3614-10/03)
10/03
14.55.030 Huntington Beach Municipal Code r
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. (3505-10/01),
(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. (3505-10/01)
10/01
Huntington Beach Municipal Code 2.56.010-2 5:030
Chapter 2.56 J J
PUBLIC WORKS DEPARTMENT
(964-6/63,2%1-1163,3319-1/96)
Sections:
2.56.010 Establishment
2.56.020 Objectives CAN
. 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&63,
2591-1/83)
2.56.020 Obiectives. 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.
(D 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:
6) 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
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
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-ZS6)
(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." (2s91-1/83)
2/96
Huntington Beach Municipal Code 3.03.010-3.03.060(a) 1�(
Chapter 3.03 C-"
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, 25904/83)
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, 3511-10/01)
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
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; ,(3511-10101)
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. (3511-10101)
(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
The complete original of the executed agreement and the names of the consultants who submitted
• proposals shall be forwarded to the City Clerk. A complete copy of all approved insurance
certificates and subsequent renewals shall be filed with the Risk Manager. (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 teceipt 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)
12/01 -
Huntington Beach Municipal Code 5.44.010-5.44.015(a)
• Chapter 5.44
RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES
(1265.12166,1444-10168,1454-12/68.3213-11193,Urg.3247-8194.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
5.44.070 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 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.mw-10/96)
5.44.015 Entertainment restrictions. The permittee shall: (2n000)
10 (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the
business in any direction; and(2/2000)
2n000
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(2now)
(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(2n000)
(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(mom)
(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.z2ow)
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. (321341/93)
(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) 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. (3213-11193)
"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; (3213-11193)
(3) persons who conduct entertainment at the subject establishment. (3213-1v93)
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 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; (3213-11/93,344s-Z2000)
(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; (3449-2l2ow)
(4) A statement of the nature and character of applicant's business, if any,to be carried on in
conjunction with such entertainment; (3449-2r2000)
(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; (3449-2r200m)
(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. (i265-12r66,1454-12r68,3449-zrAm)
(7) A floor plan and site plan showing the building interior and grounds, including parking
spaces, and the dimension of each portion. (3213-11193,s44s-2rmm)
(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. (3213-11/93,3449-2rMW)
(9) A copy of all Conditional Use Permits for the premises.,(ur9..3z47-sr9a,344s-2rz000)
10 A co of an other permits, or entitlements issued to the applicant for this establishment •
( ) PY Y P � PP
or use. (3449-2r2000)
(11)A copy of any building or property lease or contract for the address for which the
entertainment will take place. (3449-2rAm)
(12)The name and address of the owner and lessor of the real property upon which the
business is to be conducted. (3449-z=w)
(13)Acceptable written proof that the applicant is at least eighteen(18)years of age. (3449-
2r2000)
.(14)The social security number and state driver license or identification card number for the
applicant. (3449-2=w)
(15)The address to which the Entertainment Permit is to be mailed. (3449-2rzow)
(16)A statement under oath that the applicant has read and understands the provisions of this
chapter. (3449-2r2000)
(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-
2r2000)
2/2000
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. (1265-1 tis6,3213-11M)
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: (1265-12166,1444-10/68,3213-11/93,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(1-2)
months, and (Urg.3247-M4)
(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.32474v94,3449-2=w)
• (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-&94,2rAM)
(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.M47-&/ )
(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.32474'94)
(7) All signage conforms to the requirements for that zone, and (urg.3247-&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.3247-8194,
3449-2/2000)
2/2000
5.44.050(9)—5.44.090(a) Huntington Beach Municipal Code
(9) The required fee has been paid. (urg.3247-&94,3449-2r2000)
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.
(1265-12166)
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. (3213-11r93,3449-2r2000)
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 igthe
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-low.3213-11/93,3449-212oao)
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 an establishment; •
O g J Y
(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. (126s-1w66)'
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:.(1265-12r66,3213-11193,3449-2rA=)
(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 (3213-11193,
3449-2/2000)
2/2000
5.44.090(b)—5.44.100 Huntington Beach Municipal Code
. (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(3449-2t2000)
(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. (3449-2mm) —
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 Imailed 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-=ow)
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. (3449-2rA=)
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;1.2tw)
zi2000
Huntington Beach Municipal Code 8.68.010-8.68.030
• Chapter 8.68
FIREMED PROGRAM
(3026-2/90)
Sections:
8.68.010 Purpose -
8.68,020 Definitions
8.68.030 Administration
8.68.040 Eligibility
8.68.050 Enrollment
8.68.060 Member benefits
8.68.070 Authorization of fees
8.68.080 Implementation
8.68.090 Duty to respond
8.68.100 Exemptions
8.68.110 Funding
8.68.120 Program termination
8.68.010 Purpose The declared purpose of this chapter is to reduce life loss and disability by
implementing a program funding additional paramedic units in order to meet current response
time standards. A fee for service and voluntary membership program is desired to meet these
goals by offering a mechanism for residents and businesses to cap their emergency medical
service and ambulance transportation costs while supporting the expansion of the City's
paramedic system. (3026-2/90)
8.68.020 Definitions Unless a different meaning is apparent from the context or-is specified
elsewhere in the code,the following definitions shall be used:., (3026 2/90).
(a) FireMed Services: Those services provided by the Huntington Beach Fire Department and
its designated ambulance provider related to treatment and transportation provided during the
course of an emergency medical incident. (3026-2/90)
(b) FireMed Program: A voluntary membership plan where its members shall prepay at a fixed
price,the uninsured portion of emergency medical and ambulance services provided by the
Huntington Beach Fire Department. (3026-2/90)
(c) Member: Residents of Huntington Beach households,resident businesses and their
employees,who have registered with the City and prepaid the Voluntary Membership Fee.
(3026-2/90)
(d) Advanced Life Support(ALS): Any advanced Life Support medical treatment performed by
paramedics(EMT-P)outside of a hospital. This treatment shall follow the current
"Advanced Life Support Treatment Guidelines"as specified by the Orange County
Emergency Medical Services Agency. (3026-2/90)
(e) Basic Life Support(BLS): Any Basic Life Support treatment which is authorized by the
State of California Department of Health to be performed by Emergency Medical
Technicians I (EMT-I) and/or paramedics (EMT-P) at the scene of medical emergency.
(3026-2/90)
(f) Ambulance: The designated ground ambulance service, licensed by the State of California
and the County of Orange,which provide services for the Huntington Beach Fire
Department. (3026-2/90)
8.68.030 Administration The Fire Chief or his/her designee shall be responsible for the
development of rules,policies and procedures relating to implementation and administration of
2/90
8.68.030-8.68.070(b) Huntington Beach Municipal Code
the FireMed Program. The Fire Chief shall report on a yearly basis to the City Administrator and
the City Council on the status of the FireMed Program. The report shall include a full financial
statement which sets forth the Program's financial status. (3026-2/90)
8.68.040 Eligibility The FireMed Program is open to residents,businesses and employees of
non-member businesses located.in the City of Huntington.Beach. (3026-2/90)
8.68.050 Enrollment Each resident and business of the City will have the opportunity to join
the FireMed program annually during an enrollment period designated by the Fire Chief. (3026-
2/90)
(1) Persons receiving a utility billing from the City will automatically be enrolled in the FireMed
Program and may terminate membership at any time. (3026-2/90)
(2) Households and businesses not receiving a utility bill may enroll without penalty during the
enrollment period. (3026-2/90)
The Fire Chief shall have authority to charge a processing fee for late enrollment. New residents
and new businesses shall be exempt from this processing fee. (3026-2/90)
8.68.060 Member benefits FireMed members shall receive the following benefits by joining
the voluntary membership program: (3026-2/90) .
(1) Prepayment of the Uninsured portion of (3026-2/90)
(a) ALS charges
(b) BLS charges
(c) Emergency ambulance transportation
(2) Medical Information File(optional)
(a) Medical information to responding paramedic unit (3026-2/90)
(b) Minor child treatment release
(c) Member's physician
(3) Emergency Contact File (optional) (3026-2/90)
(a) Notification of parents at work
(b) Notification of other family members
(c) Senior citizen family contact
Additional member benefits maybe added at the discretion of the Fire Chief. (3026-2190)
8.68.070 Authorization for fees Advanced Life Support,Basic Life Support and Ambulance
fees are hereby authorized and shall be charged in connection with emergency medical care and
ambulance services provided by the Huntington Beach Fire Department. The amount of such
fees shall be set from time to time by resolution of the City Council. There shall be two (2)
categories of fees as follows: (3026-2/90)
I. The "Fee for Services" shall be a user fee designed to recover costs associated with the
delivery of emergency medical care and ambulance services. Such fees shall be based on:
(3026-2/90)
(a) Emergencies requiring Basic Life Support(BLS) services; and (3026-2/90)
(b) Emergencies requiring Advanced Life Support(ALS)services; and (3026-2/90)
2/90
Huntington Beach Municipal Code 8.68.070(1)(c)-8.68.120
(c) Emergencies requiring ambulance transportation to the nearest medical facility best suited
• to meet the patient's emergency medical needs. (3026-2/90)
2. The "Voluntary Membership Fee-FireMed" shall be a membership offered to Huntington
Beach residents and businesses on a voluntary basis for the purpose of allowing its members
to prepay, at a fixed price,the uninsured portion of emergency ambulance and emergency
medical charges for services provided by the Huntington Beach Fire Department. (3026-2/90)
(a) Payment of the voluntary fee by households shall entitle membership to permanent
residents of that household,related or not. Fees paid by businesses entitle membership to
employees only. Guests, customers,patrons,visitors or others using the facilities of such
households and businesses shall be charged directly for paramedic and ambulance
services. (3026-2/90)
8.68.080 Implementation Implementation of user fees for paramedic services shall begin July
1, 1990. The Fire Chief shall be authorized to administer the FireMed Program beginning thirty
(30) days after adoption of this ordinance. (3026-2/90)
8.68.090 Duty to respond Under no circumstances will the delivery and application of
available emergency medical services and ambulance transportation be delayed or refused based
upon whether or not a person is a FireMed member or can demonstrate an ability to pay. (3026-
2/90)
8.68.100 Exemptions Determination for an exemption or reduction of"Fee for Services" or the
"Voluntary Membership Fee" by persons claiming a hardship shall be based on guidelines
established by resolution of the City Council. (3026-2/90)
8.68.110 Funding Revenues derived from the FireMed Program shall be used to improve and
maintain the emergency medical services provided by the Huntington Beach Fire Department.
(3026-2/90)
8.68.120 Program termination The FireMed Program amy be cancelled by a majority vote of
the Huntington Beach City Council. If the Council chooses to terminate the program prior to the
new program year,the City may, at its option,refund membership fees back to FireMed
members on a prorated basis. The City shall be obligated to provide thirty (30) days written
notice to FireMed members prior to program termination. (3026-2/90)
•
2/90
Huntington Beach Municipal Code 13.08.010-13.08.020
• Chapter 13.08
BEACH REGULATIONS
(80-8/11,341-10/30,344-10/31,554-12/49,769-7/60,831-4/61,861-9/61,911-7162,Urg 1306-3/67,1509-7/69,1535-11/69,1588-8170,
1743-5f72,Urg 1776-9/72,1856-8/73,1935-11/74,2138-1177,27685/85,2851-8/68,2882-12186,2907-8/87,296410/88,3161-/91,
3123-11/91,Urg.Ord.3329 5/96,3355-7/97)
Sections:
13.08.010 Unlawful acts
13.08.020 Defacing and/or destroying public property,
13.08.030 Littering
13.08.040 Dangerous objects in bathing area
13.08.050 Camps prohibited
13.08.060 Fires
13.08.070 Dogs and other animals
13.08.080 Soliciting
13.08.090 Alcoholic beverages--Possession
13.08.100 Alcoholic beverages--Permits--Terms
13.08.110 Alcoholic beverages--Permits--Revocation or suspension
13.08.120 Hazardous water sports
13.08.130 Hazardous articles
13.08.140 Beach games and practices
13,08.150 Digging
13.08.160 Spear Guns
13.08.170 Jumping from municipal piers and public bridges
13.08.180 Climbing on rails of municipal pier or bridges
13.08.1.90 Climbing on lifeguard stations
13.08.200, Leaving.hazardous objects
13.08.210 False alarms
13.08.220 Interfering with lifeguard
13.08.225 Interfering with park ranger
13.08.230 Causing object to reflect
13.08.240 Curfew
13.08.250 Fireworks
13.08.260 Electrical outlets
13.08.270 Speaker systems
13.08.280 Vehicles--Regulation
13.08.285 Definition--Wheeled conveyance
13.08.290 Exceeding speed limit
13.08.300 Delivering concessions
13.08.310 Parking
13.08.320 Traffic control signs
13.08.330 Removal of sand
13.08.340 Glass containers on beach
13.08.350 Beach and ocean closure--Authority
13.08.010 Unlawful acts. It is unlawful for any person to do or commit, or for any person to
cause or permit to be done or committed within the boundaries of any beach, within the City
limits, owned, operated, controlled or formed by the City Council of the City of Huntington
Beach, any acts in the following sections. (769-7/60,Urg 1306-3167)
13.08.020 Defacing and/or destroying public property. No person shall cut, carve, hack,
remove, deface or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or
other structure, or to place writing upon the interior or exterior of any fence, post, toilet, lavatory,
restroom, building, sign or other structure therein, any initial, name writing, printing, drawing or
vulgar, profane or obscene word or picture. (769-7/6o)
7/97
13.08.030-13.08.100(i Huntington Beach Municipal Code
13.08.030 Littering. No person shall deposit or discard or leave any handbill, bottle, can or
rubbish or trash or debris on the beach or in the Pacific Ocean, other than in those receptacles
provided for such purpose, or to deposit in any commode or urinal in any public toilet any
newspaper, rag, part of clothing or any item likely to clog said commode or urinal. This.section
shall not be interpreted to prohibit distribution of any constitutionally protected material. (804$h t,
769-7/60,Urg 1306-3167)
13.08.040 Dangerous obiects in bathing area. No person shall throw, cast, deposit or cause to
be thrown, cast or deposited on the beach of the Pacific Ocean, below the high tide line in this
City, any glass, bottles, tin cans, nails, rubbish, trash or any article whatsoever that is or may
become a menace to life or limb to any person or bather in said ocean or on said beach. (8o-6/11,urg
1306-3/67)
13.08.050 Camps prohibited. No person shall maintain any camp or occupy the same at any
place on the beach of the Pacific Ocean within the City except by special permit issued by the
Director of Community Services. (341-10/30)
13.08.060 Fires. No person shall light, kindle, set or maintain fires or coals thereon, except in
the fire rings provided'therefor. (769-7/60,Urg 1306-3/67)
13.08.070 Dogs and other animals. No person having the care, charge or control of any dog or
pet or domesticated or wild animal or reptile, shall permit or allow said dog, pet, domesticated or
wild animal or reptile to be, under any circumstances or conditions, on or upon the municipal pier,
or upon the public beaches in the City; except that upon those beach areas located north of the
line created by extending the northern curb line of 22nd Street to the Pacific Ocean, dogs
constrained by a leash no longer than six(6) feet in length-are permitted. .'(344-10/31,554-12/491 769M60,
2907-8/87,3355-7/97)
13.08.080 Soliciting. No person shall engage in the business of soliciting, selling or peddling any
liquids or edibles for human consumption, or to distribute circulars, or to hawk, peddle or vend
any goods, wares or merchandise except pursuant to a permit issued under the authority of the
Director of Community Services. (769-7/60)
13.08.090 Alcoholic beverages--Possession. Except as hereinafter provided, no person shall, on
or upon the beach or pier within the City limits of Huntington Beach consume, sell, purchase, give
away or have in his possession any alcoholic beverage, or transport or deliver to any person or
persons therein any alcoholic beverage. (769-7/60,Urg 1306 3/67,1588-8no)
13.08.100 Alcoholic beverages--Permits--Terms. The City Council may grant permits for the
sale and consumption of alcoholic.beverages under the following terms and conditions:
(a) The kind or kinds of permitted alcoholic beverages shall be named in the permit.
(b) Each permit shall require that all alcoholic beverages be sold and consumed on permittee's
premises, the location and area of permittee's premises to be set forth in said permit.
(c) That there be compliance with all other city, county and state laws and regulations.
(d) Such other terms and conditions as are reasonably required to protect the peace, health,
welfare or safety of the public.
(e) The permit shall not be transferable.
(fl The permit shall expire one year from and after the date of issuance, unless sooner revoked as
provided by this chapter.
7/97
Huntington Beach Municipal Code 13,08.100(g)-13.08.120(e)
(g) Nothing herein contained shall be construed as permitting the sale, use, possession or
consumption of any alcoholic beverage on the beach or pier except pursuant to and as limited
by a permit, as above set forth. (769-7/60,Urg 1306-3/67,1588-8n0)
13.08.110 Alcoholic beverages--Permit--Revocation or suspension. Permits are subject to
suspension or to revocation by the City Council after notice to permittee and public hearing, on
any of the following grounds:
(a) Permittee has made a substantial misrepresentation in his application for permit;
(b) Permittee or any of his employees has violated any laws or regulations concerning the
operation of the business, or any terms or conditions of the permit;
(c) Permittee or any of his employees has been convicted of any crime involving moral turpitude;
(d) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous
drugs without reporting such incidents to the Police Department without unnecessary delay or
not-more than twenty-four(24) hours after the commission thereof,
(e) Permittee or any of his employees has caused or permitted any breach of the peace on such
premises, or has performed or permitted any act against the peace, health, welfare or safety of
the public. (769-7/60,Urg 1306-3/67,1588-8170)
13.08.120 Hazardous water sports. The following regulations shall apply to water sports:
(a) In order to protect the.public health, safety and welfare, the City Council may,by resolution,
fix the hours during which no person in"the water of the Pacific Ocean within three hundred
yards of the mean high tide line thereof, within the City shall use or have in his possession any
surfboard, paddleboard, bellyboard, skimmer, canoe, boat or any similar object made entirely
or partially of wood, metal, hard plastic or any other hard substance; provided, however, no
person shall use or have in his possession any hazardous articles, as defined in § 13.08.130, in
any area of the water of the Pacific Ocean, or within three hundred yards of the mean high tide
line thereof, within the City limits of Huntington Beach, designated as a hazardous water sport
area by the Director or his authorized agent, based on prevailing weather, water conditions,
density of use, and/or other hazard inducing conditions.
(b) The Director or his authorized agent, shall give notice of the time during which hazardous
water sports, as defined herein, are prohibited. Such prohibition shall be effective when a
yellow flag having dimensions of 2 feet by 2 feet, and having a solid black circle in the center,
one foot in diameter, commonly known as a "black ball' flag, is prominently displayed from a
lifeguard tower, station, pier or similar structure..
(c) During the times the "black ball' flag is displayed, swimming and bathing only shall be
permitted in the waters of the Pacific Ocean adjacent to the beach within two hundred yards
of the point of the display of the "black ball' flag, provided that where the "black ball' flag is
displayed from consecutive operational lifeguard towers, lifeguard stations and similar
structures, that all waters of the Pacific Ocean adjacent to the beach shall be restricted to
swimming and bathing only.
(d) No person shall fail, refuse or neglect to leave the waters of the Pacific Ocean adjacent to the
beach when such restriction and prohibition, as set out in this section, is in force.
(e) Notwithstanding any provision of this section, the Director, or his authorized agent, may from
time to time designate certain areas to be used exclusively by persons using surfboards and
paddleboards. Such designation may be revoked at any time and the area covered by any such
5/96
13.08.120(e)-13.08.225 Huntington Beach Municipal Code
designation may be enlarged or reduced at any time. No person shall swim or bathe in the
waters of the Pacific Ocean included in such area so designated except while using a surfboard
or paddleboard. (769-7/60,831-4161,Urg 1306-3/67,1743-5n2,Urg 1776-9n2,1856-8/73)
13.08.130 Hazardous articles. No person shall use any surfboard, paddleboard, skimmer,
bellyboard, rubber life raft, canoe,boat, or any similar object made entirely or partially,of wood,
metal,glass, hard plastic or any other hard substance at any time, on the beach or in the Pacific
Ocean in a manner that constitutes a hazard to any other person. (769-7/60,Urg 1306-3/67)
13.08.140 Beach games and practices. No person shall use any hard ball, softball, bat football,
volleyball, shot put, hammer throw,javelin, boomerang, flying saucer or any athletic apparatus or
game, or similar object, or conduct or participate in any sport or game at any place thereon,
outside of the area provided thereof, or to conduct or participate in any sand throwing, blanket
throwing or any sport that constitutes a hazard to any person. (769ai60,Urg 1306 3/67)
13.08.150 Digging. No person shall dig or cause the digging of any hole in the sand exceeding a
depth of two feet. Any person who digs, or causes to be dug, any hole upon the beach shall fill
the hole before leaving the beach area. (769-7/60)
13.08.160 Spear guns. No person shall have any spear gun or similar underwater fishing device
in his or her possession on the shore of any beach unless the point of such device is covered by a
sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be
kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the
beach, or in swimming areas therein. (769-7/60,Urg 1306-3167)
13.09.170 Jumpingfrom municipal piers and public bridges.:No person shall dive;jump or
enter the water.from the municipal pier or any part thereof;'provided, however,that this section
shall not apply to the regularly employed lifeguard personnel of the City who are engaged in
lifeguard training or in emergency jumps from the pier or bridges for the purpose of saving lives
and/or property. (769-7/60,911-7/62)
13.08.180 Climbing on rails of municipal pier or bridges. No person shall sit, walk or balance
on the rails of the municipal pier or public bridges or climb upon, over or under such rails, or sit,
walk, balance or climb upon or over any cement walls which may be adjacent to such rails.
(769-7/60,911-7162,1935-11n4)
13.08.190 Climbing on lifeguard stations. No person shall climb or cause someone else to
climb on any lifeguard station or ladder on the beach or municipal pier unless told to do so by an
official employee of the City. (769-7/60,Urg 1306-3/67)
13.08.200 Leaving hazardous obiects. No person shall Iay or cause to.be laid,any surfboard,
paddleboard or similar object against any lifeguard station or municipal structure. (urg 1306-3167)
13.08.210 False alarms. No person shall cause a false rescue or call for help when it is not
needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his tower or to
have his attention drawn to a false alarm. (769-7/60,urg 1306-3/67)
13.08.220 Interfering with lifeguard. No person shall willfully resist, delay or obstruct any
lifeguard in the discharge or attempt to discharge any duty of his position. (urg 1306-3/67)
13.08.225 Interfering with park ranger. No person shall willfully resist, delay or obstruct any
park ranger in the discharge or attempt to discharge any duty of his position.
5/96
Huntington Beach Municipal Code 13.08.230-13.08.290(b)
• 13.08.230 Causing object to reflect. No person shall use a mirror, glass or any similar object to
cause the sun to reflect thereon so as to interfere with the vision of any lifeguard or other
person(s). (Urg 1306-3/67,1535-11/69,1743-5/72)
13.08.240 Curfew. No.person shall.be on the public.beach within the City between the hours of.
12:01 a.in. and 5 a.in. except upon official business of the City. In the event of special
circumstances so warranting,the Director of Community Services, in his judgment, is authorized
and empowered to modify temporarily the hours during which the beaches are closed. Said
modification to be filed with the City Administrator at least ten days prior to the requested date.
(769-7/60,861-9/61,Urg 1306-3/67)
13.08.250 Fireworks. No person shall light, set off, or discharge or have in his or her
possession, fireworks on the beach. (urg 1306-3/67,1509-7/69)
13.08.260 Electrical systems. No person shall use any electrical outlets on the beach without
first obtaining written consent from the Director of Community Services and paying such fees as
may be prescribed. (urg 1306-3/67,1509-7169)
13.08.270 Sneaker systems. No person shall play, use or operate, or permit to be played, used
or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for producing or reproducing sound upon the beach, pier,
beach service road or municipal parking lot, at such a volume as unreasonably to disturb the
peace, quiet and comfort of persons who are not voluntary listeners thereto. This section does
not apply to the regularly employed safety service personnel of the City who use said safety
equipment in the course of their daily operations, nor to any public.address system authorized by
§ 13.24.200. (urg 1306-3/67,1743-5n2,1935-11n4).
13.08.280 Vehicles--Regulation. No person shall operate any motor driven cycle, motor driven
bicycle, motorcycle, automobile, motor truck or other vehicle or conveyance(regardless of
horsepower rating or size) on the beach other than for law enforcement, lifesaving or emergency
purposes, or for beach maintenance purposes, without the express written consent of the Director
of the Community Services Department; nor on any roads on which signs are posted prohibiting
such activity, nor in any manner or direction prohibited by posted signs, nor on any beach other
than on the roads, drives or parking areas designed for such purposes. (urg 1306-3/67,213s-1m)
13.08.285 Definition--Wheeled conveyance. For the purposes of this chapter, wheeled
conveyance shall include, but not be limited to: bicycle, skateboard, rollerblades, rollerskates, and
strollers. (3329-5/96)
13.08.290 Exceeding Sneed Limit.
(a) No person shall operate any wheeled conveyance of any type on the beach or beach service
road at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum
speed limit when pedestrians are present shall be five(5) miles per hour. Any person violating
this section shall, upon conviction, be guilty of an infraction, and subject to a fine equal to the
bails set for violation of§ 22350 VC, as listed in the Uniform Bail Schedule, utilized by the
Municipal Court. (Urg 1306-3/67,Urg 2768-5/85,2851-8/86,3123-11/91,3329-5/96)
(b) No person shall operate any wheeled conveyance of any type on the beach service road at a
walking speed in excess of two and one-half(2.5)miles per hour, between designated points,
when the yellow lights are flashing. Any person violating this section shall, upon conviction,
be guilty of an infraction, and subject to a fine equal to the bails set for violation of§ 22350
VC, as listed in the Uniform Bail Schedule, utilized by the Municipal Court. (3329-5/96)
5/96
13.08.300-13.08.350 Huntington Beach Municipal Code
13.08.300 Delivering concessions. During the period of June 15 to September 15, any and all
commercial motor vehicles of any type, must make their deliveries to beach concessions between
the hours of 6 a.m. and 11 a.m. (urg 1306-3/67)
13.08.310 Parking. No person shall park any vehicle except in designated parking areas,
provided however,that the Director of the Community Services Department is.authorized to
permit parking along roads and in underdeveloped areas when, in his opinion, such parking will
not interfere with beach area operations. (Urg 1306-3/67)
13.08.320 Traffic control signs. The Director of Community Services is authorized and
directed to erect and maintain signs at locations he deems appropriate, indicating the speed limits
established by the City Council for beaches, along roadways and streets herein. The Director of
the Community Services Department is also authorized to designate parking areas and traffic
patterns and to erect and maintain signs indicating such areas and patterns. (urg 1306-3/67)
13.08.330 Removal of sand. No person shall remove, or cause to be removed from the beach,
any sand without written permission from the Director of Community Services. (urg 130s-3/87)
13.08.340 Glass containers on beach. No person shall have, possess or use any dangerous
article or container such as a bottle, glass, crockery or other article used for carrying or containing
any liquid for drinking purposes upon any beach or adjacent pier area in the City of Huntington
Beach. (2882-12186)
13.08.350 Beach and ocean closure--authority. The Director of Community Services, or any
marine safety personnel officer,.lifeguard, or other authorized agent shall have the authority to
close any beach, harbor,,or ocean.waters of the Pacific Ocean in order to protect the public
health,.safety, and welfare. Such closure shall be effective when notice of closure is given through
any of the following methods: (31o1-5/91)
(a) Signs stating that the beach is closed or that swimming is prohibited, or depicting a swimmer
and a red circle with a slash through the circle, or otherwise advising of closure; (31o1-5191)
(b) Public address announcements; (3101-5/91)
(c) Oral or written notice from the Director of Community Services, any marine safety officer,
lifeguard, or other authorized agent; or (3101-5/91)
(d) Any other device or announcement reasonably communicating such closure. (3101-5/91)
No person shall enter, remain in, or fail or refuse to leave a closed area of beach,harbor, or ocean
waters while such restriction is in effect. (31oi-5/91)
5/96
Huntington Beach Municipal Code 14.25.010-14.25.020(c)
Chapter 14.25
• STORM WATER AND URBAN RUNOFF MANAGEMENT
(336"/97)
Sections:
14.25.010 Purpose
.14.25.020 Definitions
14.25.030 Prohibition on Illicit Connections and Prohibited Discharges
14.25040 New Development and Significant Redevelopment
14.25.050 Scope of Inspections
14.25.060 Enforcement
14.25.070 Discharge Permit Procedure
14.25.080 Permit Suspension, Revocation or Modifications
14.25.090 Interagency Cooperation
14.25.100 Miscellaneous
14.25.110 Judicial Review
14.25.010 Purpose. The United States Congress passed the Clean Water Act 33 USC §1251 et
seq., as amended, including §402(p)therein as a mandate, in part, that municipal separate storm
sewer systems, such as in Orange County, obtain permits to "effectively prohibit non-storm water
discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the
maximum extent practicable... ." This permitting authority has been delegated by the United States
Environmental Protection Agency('EPA")to the State of California, which has authorized the
State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality
Control Boards, to control non-point source discharges to California's waterways.
The Santa Ana and San Diego.Regional Water.Quality Control Boards have addressed the
obligation to implement the Clean Water Act by issuing Waste Discharge Requirements governing
storm water runoff for the County of Orange, Orange County Flood Control District and the
incorporated cities of Orange County. These permits shall be referred to collectively herein as the
National Pollution Discharge Elimination System Permit or"NPDES Permits."
The City of Huntington Beach is participating as a "Co-permittee" under the NPDES Permits in the
development and adoption of an ordinance to accomplish the requirements of the Clean Water Act.
Storm water runoff is one step in the natural cycle of water. However, human activities, such as
agriculture, construction and the operation and maintenance of an urban infrastructure may result in
undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage
channels and waterways and eventually may be deposited in the waters of the United States.
The purpose of this ordinance is to participate in the improvement of water quality and comply with
federal requirements for the control of urban pollutants to storm water runoff, which enters the
network of storm drains throughout Orange County. (3364 w7)
14.25.020 Definitions.
(a) "Authorized Inspector" shall mean the Director of Public Works, and persons designated by
and under his/her instruction and supervision, who are assigned to investigate compliance with,
detect violations of and/or take actions pursuant to this ordinance.
(b) "City" shall mean the City of Huntington Beach, Orange County, California.
Ift (c) "Co-permittee" shall mean the County of Orange, the Orange County Flood Control District,
and/or any one of the thirty-one(31)municipalities, including the City of Huntington Beach,
which are responsible for compliance with the terms of the NPDES Permit.
8/97
14.25.020(d)-14.25.020(h) Huntington Beach Municipal Code
(d) 'DAMP" shall mean the Orange County Drainage Area Management Plan, as the same may be
amended from time to time. •
(e) 'Development Project Guidance" shall mean DAMP Chapter VII and the Appendix thereto,
entitled Best Management Practices for New Development Including Nonresidential
Construction Projects, as the same may be amended from time to time.
(f) "Discharge shall mean any release, spill,leak, pump,.flow, escape, leaching (including
subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-
solid or solid substance.
(g) 'Discharge Exception" shall mean the group of activities not restricted or prohibited by this
ordinance, including only:
(1) Discharges composed entirely of storm water;
(2) Discharges subject to regulation under current EPA or Regional Water Quality
Control Board issued NPDES permits, State General Permits, or other waivers,
permits or approvals granted by an appropriate government agency;
(3) Discharges from property for which best management practices set forth in the
Development Project Guidance are being implemented and followed;
(4) Discharges to the Storm Water Drainage System from potable water line flushing, fire
fighting activities, landscape irrigation systems, diverted stream flows, rising
groundwater, and de minimis groundwater infiltration to the Storm Water Drainage
System (from leaks in joints or connections or cracks in water drainage pipes,or
conveyance systems);
(5) Discharges from potable water sources, passive foundation drains, air conditioning
condensation and other building roof runoff, agricultural irrigation water runoff; water
from crawl space pumps, passive footing drains, lawn watering, noncommercial
vehicle washing;flows from riparian habitats and wetlands; dechlorinated swimming
pool discharges;
(6) Discharges of reclaimed water generated by a lawfully permitted water treatment
facility; public street wash waters when related to cleaning and maintenance by, or on
behalf of, the City of Huntington Beach;
(7) Discharges authorized pursuant to a permit issued under Section VIII hereof,
Discharges allowable under the Domestic Sewage Exception;
(8) Discharges for which the discharger has reduced to the extent feasible the amount of:
Pollutants in such Discharge; and
(9) Discharges authorized pursuant to federal or state laws or regulations.
In any action taken to enforce this ordinance, the burden shall be on the person who is the
subject of such action to establish that a Discharge was within the scope of this Discharge
Exception.
(h) 'Domestic Sewage Exception" shall mean discharges which are exceptions to this ordinance
and excluded from the definition of Prohibited Discharge, as defined herein, including
discharges composed entirely of accidental spills of untreated sanitary wastes(commonly called
domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are
within publicly owned wastewater treatment system collection facilities immediately prior to the
accidental spill.
e/97
Huntington Beach Municipal Code 14.25.020(i)-=14.25.020(s)(1)
(i) "City Attorney" shall mean the City Attorney of the City of Huntington Beach and his/her
• designee, which counsel is authorized to take enforcement action as described herein. For
purposes of criminal prosecution, only the City Attorney, or his/her designee, shall act as the
City Attorney.
(j) 'EPA" shall mean the Environmental Protection Agency of the United States.
(k) "Hearing Officer". shall mean the Director of Public Works or his/her designee, who shall
preside at the administrative hearings authorized by this ordinance and issue final decisions on
the matters raised therein(or) shall mean the appeals board established by separate resolution
of the City Council, which shall preside at the administrative hearings authorized by this
ordinance and issue final decisions on the matters raised therein.
(1) "Invoice for Costs" shall mean the actual costs and expenses of the City of Huntington Beach,
including but not limited to administrative overhead, salaries and other expenses recoverable
under State law, incurred during any Inspection conducted pursuant to this ordinance or where
a Notice of Noncompliance, Administrative Compliance Order or other enforcement option
under this ordinance is utilized to obtain compliance with this ordinance.
(m) "Illicit Connection" shall mean any man-made conveyance or drainage system, pipeline,
conduit, inlet or outlet through which the discharge of any Pollutant to the Storm Water
Drainage System occurs or may occur. The term Illicit Connection shall not include Legal
Nonconforming Connections or connections to the Storm Water Drainage System that are
hereinafter authorized by the agency with jurisdiction over the system at the location at which
the connection is made.
(n) "Legal Nonconforming Connection" shall mean connections to.the.Storm Water Drainage
System existing as of the adoption of this ordinance that were in compliance.with all federal,
state and local rules, regulations, statutes and administrative requirements in effect Iat the time
the connection was established, including but not limited to any discharge permitted pursuant
to the terms and conditions of an individual discharge permit issued pursuant to the Industrial
Waste ordinance, County Ordinance No. 703.
(o) "New Development" shall mean all public and private residential (whether single family, multi-
unit or planned unit development), industrial, commercial, retail, and other nonresidential
construction projects, or grading for future construction, for which either a discretionary land
use approval, grading permit, building permit or Nonresidential Plumbing Permit is required.
(p) "Nonresidential Plumbing Permit" shall mean a plumbing permit authorizing the construction
and/or installation of facilities for the conveyance of liquids other than storm water, potable
water, reclaimed water or domestic sewage.
(q) "NPDES Permit" shall mean the currently,applicable municipal discharge permit(s),issued by
the Regional Water Quality Control Board,Santa Ana Region(and/or the Regional Water
Quality Control Board, San Diego Region, as appropriate), which permit(s) establishes waste
discharge requirements applicable to storm water runoff in the City of Huntington Beach.
(r) "Person" shall mean any natural person as well as any corporation, partnership, government
entity or subdivision, trust, estate, cooperative association,joint venture, business entity, or
other similar entity, or the agent, employee or representative of any of the above.
(s) "Pollutant" shall mean any liquid, solid or semi-solid substances, or combination thereof,
including and not limited to:
(1) Artificial materials (such as floatable plastics, wood products or metal shavings);
8/97
14.25.020(s)(2)-14.25.020(v) Huntington Beach Municipal Code
(2) Household waste(such as trash, paper, and plastics; cleaning chemicals; yard wastes;
animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common
household equipment);
(3) Metals and non-metals, including compounds of metals and non-metals (such as
cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic)
with characteristics which cause an adverse effect on living organisms;
(4) Petroleum and related hydrocarbons (such as fuels, lubricants,`surfactants, waste oils,
solvents, coolants and grease),
(5) Animal wastes (such as discharge from confinement facilities, kennels, pens and
recreational facilities, including, stables, show facilities, or polo fields);
(6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity
or odor;
(7) Waste materials and wastewater generated on construction sites and by construction
activities (such as painting and staining;use of sealants and glues; use of lime; use of
wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco
fragments; application of oils, lubricants, hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use of concrete
detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents;
and use of super chlorinated water for potable water line flushing);
(8) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or
total organic carbon; S
(9) Materials which contain base/neutral:or:acid extractable organic compounds;
(10) Those Pollutants defined in §1362(6) of the Federal Clean Water Act; and
(11) Any other constituent or material, including but not limited to pesticides, herbicides,
fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment
and particulate materials, in quantities that will interfere with or adversely affect the
beneficial uses of the receiving waters, flora or fauna of the State.
(t) "Prohibited Discharge" shall mean any Discharge which contains any Pollutant, from public or
private property to:
(1) the Storm Water Drainage System;
(2) any upstream flow,which is tributary to the Storm Water Drainage System;
(3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh,
coastal slough; or
(4) any coastal harbor, bay, or the Pacific Ocean. The term Prohibited Discharge shall not
include Discharges allowable under the Discharge Exception.
(u) "Significant Redevelopment" shall mean the rehabilitation or reconstruction of public or private
residential (whether single family, multi-unit or planned unit development), industrial,
commercial, retail, or other nonresidential structures, for which either a discretionary land use
approval, grading permit, building permit or Nonresidential Plumbing Permit is required.
(v) "State General Permit" shall mean either the State General Industrial Storm Water Permit or the
State General Construction Permit and the terms and requirements of either or both. In the
event the U.S. Environmental Protection Agency revokes the in-lieu permitting authority of the
8/97
Huntington Beach Municipal Code 14.25.020(v). 14.25.030(e)(2)
State Water Resources Control Board, then the term State General Permit shall also refer to
. any EPA administered storm water control program for industrial and construction activities.'
(w) Storm Water Drainage System shall mean street gutter, channel, storm drain, constructed
drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or
tributary to the Countywide storm water runoff system and owned, operated, maintained or
controlled by County of Orange, the Orange County Flood.Control District or any Co-
or city, and used for he purpose of collecting, storing,transporting, or disposing of
storm water. (33648i97)
14.25.030 Prohibition on illicit connections and prohibited discharges.
(a) No Person shall:
(1) Construct, maintain, operate and/or utilize any Illicit Connection.
(2) Cause, allow or facilitate any Prohibited Discharge.
(3) Act, cause, permit or suffer any agent, employee, or independent contractor, to construct,
maintain, operate or utilize any Illicit Connection, or cause, allow or facilitate any
Prohibited Discharge.
(b) The prohibition against Illicit Connections shall apply irrespective of whether the Illicit
Connection was established prior to the date of enactment of this ordinance; however, Legal
Nonconforming Connections shall not become Illicit Connections until the earlier of the
following:
• (1) For all structural improvements to property.installed for the purpose of Discharge to the
-Storm Water Conveyance System, the expiration of five(5)years from the adoption of
this ordinance.
(2) For all nonstructural improvements to property existing for the purpose of Discharge to
the Storm Water Conveyance System, the expiration of six(6) months following delivery
of a notice to the owner or occupant of the property, which states a Legal Nonconforming
Connection has been identified. The notice of a Legal Nonconforming Connection shall
state the date of expiration of use under this ordinance.
(c) A civil or administrative violation of Section 14.25.030 shall occur irrespective of the
negligence or intent of the violator to construct, maintain, operate or utilize an Illicit
Connection or to cause, allow or facilitate any Prohibited Discharge.
(d) If an Authorized Inspector reasonably determines that a Discharge, which is otherwise within
the Discharge Exception,may adversely affect the beneficial.uses of receiving waters,then the
Authorized Inspector may give written notice to the owner of the property or facility that the
Discharge Exception shall not apply to the subject Discharge following expiration of the thirty
(30) day period commencing upon delivery of the notice. Upon expiration of the thirty(30)
day period, any such Discharge shall constitute a violation of Section 14.25.030.
(e) The owner or occupant of property on which a Legal Nonconforming Connection exists may
request an administrative hearing, pursuant to the procedures set forth in Section 14.25.060 for
an extension of the period allowed for continued use of the connection. A reasonable extension
of use may be authorized by the Director of Public Works or City Engineer, upon consideration
of the following factors:
(1) The potential adverse effects of the continued use of the connection upon the beneficial
uses of receiving waters;
(2) The economic investment of the discharger in the Legal Nonconforming Connection; and
8/97
14.25.030(e)(3)-14.25.040(g) Huntington Beach Municipal Code
(3) The financial effect upon the discharger of a termination of the Legal Nonconforming
Connection. (3364-&97)
14.25.040 New Development and Significant Redevelopment.
(a) All New Development and Significant Redevelopment shall be undertaken in accordance with:
(1) The DAMP, including but not limited to the Development Project Guidance; and
(2) Any conditions and requirements established by the Community Development Department
and/or the Public Works Department, which are reasonably related to the reduction or
elimination of Pollutants in storm water runoff from the project site.
(b) Prior to the issuance of a grading permit, building permit or Nonresidential Plumbing Permit
for any New Development or Significant Redevelopment, the Community Development
Department and/or Public Works Department shall review the project plans and impose terms,
conditions and requirements on the project in accordance with Section 14.25.040. If the New
Development or
Significant Redevelopment will be approved without application for a grading permit, building
permit or Nonresidential Plumbing Permit, the Community Development Department and/or
the Public Works Department shall review the project plans and impose terms, conditions and
requirements on the project in accordance with Section 14.25.040 prior to the issuance of a
discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision
map.
(c) Notwithstanding the foregoing Section 14.25.040, compliance with the Development Project
Guidance.shall not be required for:construction.of a (one)single family detached residence
unless the Community Development Department and/or Public Works Department determines
that the construction may result in the Discharge of significant levels of a Pollutant into a
tributary to the Storm Water Drainage System.
(d) Compliance with the conditions and requirements of the DAMP shall not exempt any Person
from the requirement to independently comply with each provision of this ordinance.
(e) If the Community Development Department and/or Public Works Department determines that
the project will have a de minimis impact on the quality of storm water runoff, then it may issue
a written waiver of the requirement for compliance with the provisions of the Development
Project Guidance.
(f) The owner of a New Development or Significant Redevelopment project, or upon transfer of
the property, its successors and assigns, shall implement and adhere to.the terms, conditions .
and requirements imposed pursuant to Section 14.25.040 on a New Development or Significant
.Redevelopment project.
(1) Each failure by the owner of the property or its successors or assigns to implement and
adhere to the terms, conditions and requirements imposed pursuant to Section 14.25.040
on a New Development or Significant Redevelopment project shall constitute a violation
of this ordinance.
(g) The Community Development Department and/or Public Works Department may require that
the terms, conditions and requirements imposed pursuant to Section 14.25.040 be recorded
with the County Recorder's office by the property owner. The signature of the owner of the
property or any successive owner shall be sufficient for the recording of these terms, conditions
and requirements and a signature on behalf of the city shall not be required for recordation.
8/97
Huntington Beach Municipal Code 14.25.040(h)-14.25.050(cX6)
(h) Cost Recoverv.
The City shall be reimbursed by the project applicant for all costs and expenses incurred by the
planning agency, Community Development Department and/or Public Works Department in the
review of New Development or Significant Development projects for compliance with the
DAMP. The Community Development Department and/or Public Works Department may
elect.to require a deposit of estimated costs and expenses, and the actual costs and expenses
shall be deducted.from the deposit, and.the balance, if any, refunded to the project applicant.
(i) Litter Control.
No Person shall discard any waste material, including but not limited to common household
rubbish or garbage of any kind (whether generated or accumulated at a residence,business or
other location)upon any public or private property, whether occupied, open or vacant,
including but not limited to any street, sidewalk, alley, right-of-way, open area or point of entry
to the Storm Water Drainage System.
Every Person occupying or having charge and control of property on which a prohibited
disposal of waste materials occurs shall cause the proper collection and disposal of same.
A prohibited disposal of waste materials creates a danger to public health, safety and welfare,
and otherwise threatens the environment, surface waters and groundwater;therefore, any
owner or occupant of property who fails to remove waste material within a reasonable time
may be charged with creating a nuisance upon the property.
No Person shall discard any waste material, including but not limited to common household
rubbish or garbage of any bind(whether generated or accumulated at a residence,business or
other location) upon any public property,whether occupied, open or vacant; including but not .
limited to any street, sidewalk-alley, right-of-way;:open area or point of entry to the Storm
Water Drainage System. (3364-8/97)
14.25.050 Scope of Inspections.
(a) Right to Inspect. Prior to commencing any inspection as hereinbelow authorized,the
Authorized Inspector shall obtain either the consent of the owner or occupant of the property
or shall obtain an administrative inspection warrant or criminal search warrant.
(b) Entry to Inspect. The Authorized Inspector may enter property to investigate the source of
any Discharge to any public street, inlet, gutter, storm drain or the Storm Water Drainage
System located within the jurisdiction of the city.
(c) Compliance Assessments. The Authorized Inspector may inspect property for the purpose of
verifying compliance with this ordinance.including but not limited to:
(1) Identifying products produced, processes conducted, chemicals used and materials stored
on or contained within the property,
(2) Identifying point(s) of discharge of all wastewater, process water systems and Pollutants,
(3) Investigating the natural slope at the location, including drainage patterns and man-made
conveyance systems,
(4) Establishing the location of all points of discharge from the property, whether by surface
runoff or through a storm drain system,
(5) Locating any Illicit Connection or the source of Prohibited Discharge,
(6) Evaluating compliance with any permit issued pursuant to Section 14.25.070 hereof, and
8/97
14.25.050(c)(7)-14.25.060(a)(2)(a) Huntington Beach Municipal Code
(7) Investigating the condition of any Legal Nonconforming Connection.
(d) Portable Equipment. For purposes of verifying compliance with this ordinance, the Authorized
Inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.
(e) Records Review. The Authorized Inspector may inspect all records of the owner or occupant
of property relating to chemicals or processes presently or previously occurring on-site, `
including material and/or.chemical inventories,facilities maps or schematics and diagrams,
Material Safety Data Sheets, hazardous waste manifests, business plans, pollution prevention
plans, State General Permits, Storm Water Pollution Prevention Plans, Monitoring Program
Plans and any other record(s) relating to Illicit Connections, Prohibited Discharges, a Legal
Nonconforming Connection or any other source of contribution or potential contribution of
Pollutants to the Storm Water Drainage System.
(f) Sample and Test. The Authorized Inspector may inspect, sample and test any area runoff soils
area (including groundwater testing), process discharge, materials within any waste storage
area (including any container contents), and/or treatment system Discharge for the purpose of
determining the potential for contribution of pollutants to the Storm Water Drainage System.
The Authorized Inspector may investigate the integrity of all storm drain and sanitary sewer
systems, any Legal Nonconforming Connection or other pipelines on the property using
appropriate tests, including but not limited to smoke and dye tests or video surveys. The
Authorized Inspector may take photographs or video tape, make measurements or drawings,
and create any other record reasonably necessary to document conditions on the property.
(g) Monitoring. The Authorized Inspector may erect and maintain monitoring devices for the
purpose of measuring any Discharge or potential source of Discharge to the Storm Water
Drainage System.
(h) Test Results.` The owner or occupant of property subject to inspection shall, on submission of
a written request, receive copies of all monitoring and test results conducted by the Authorized
Inspector. (33648/97)
14.25.060 Enforcement.
(a) Administrative Remedies.
(1) Notice of Noncompliance. The Authorized Inspector may deliver to the owner or
occupant of any property, or to any Person responsible for an Illicit Connection or
Prohibited Discharge a Notice of Noncompliance. The Notice of Noncompliance shall be
delivered in accordance with Section 14.25.060 of this ordinance.
(a) The Notice of Noncompliance shall identify the provision(s) of this ordinance or the
Applicable permit which has been violated. The Notice of Noncompliance shall state
that continued noncompliance may result in additional enforcement actions against
the owner, occupant and/or Person.
(b) The Notice of Noncompliance shall state a compliance date that must be met by the
owner, occupant and/or Person;provided, however, that the compliance date may not
exceed ninety(90)days unless the Authorized Inspector extends the compliance
deadline an additional ninety(90) days where good cause exists for the extension.
(2) Administrative Compliance Orders.
(a) The Authorized Inspector may issue an Administrative Compliance Order. The
Administrative Compliance Order shall be delivered in accordance with Section
14.25.060 of this ordinance. The Administrative Compliance Order may be issued to:
s/97
Huntington Beach Municipal Code 14.25.060(a)(2)(a)(i)-14.25.060(a)(3Xb)
(i) The owner or occupant of any property requiring abatement of conditions on the
property that cause or may cause a Prohibited Discharge or an Illicit Connection
in violation of this ordinance;
(ii) The owner of property subject to terms, conditions or requirements imposed on
a project in accordance with Section 14.25.040 to ensure adherence to those
terms, conditions and requirements.
(iii) A Permittee subject to the requirements of any permit issued pursuant to Section
14.25.070 hereof to ensure compliance with the terms, conditions and
requirements of the permit.
(iv) Any Person responsible for an Illicit Connection or Prohibited Discharge.
(b) The Administrative Compliance Order may include the following terms and
requirements:
(i) Specific steps and time schedules for compliance as reasonably necessary to
prevent the imminent threat of a Prohibited Discharge, including but not limited
to a Prohibited Discharge from any pond, pit, well, surface impoundment,
holding or storage area;
(ii) Specific steps and time schedules for compliance as reasonably necessary to
discontinue any Illicit Connection;
(iii) Specific requirements for containment, cleanup, removal, storage, installation of
overhead covering,.or proper disposal of any.Pollutant having the.,potential to ,
contact storm water runoff,
(iv) Any other terms or requirements reasonably calculated to prevent the imminent
threat of or continuing violations of this ordinance, including, but not limited to
requirements for compliance with best management practices guidance
documents promulgated by any federal, State of California or regional agency,
(v) Any other terms or requirements reasonably calculated to achieve full compliance
with the terms, conditions and requirements of any permit issued pursuant
hereto.
(3) Cease and Desist Orders.
(a) The Authorized Inspector may issue a Cease and Desist Order. A Cease and Desist
Order shall be delivered in accordance with Section 14.25.060 of this ordinance. A
Cease and Desist Order may.direct the owner or occupant of any property and/or
other Person responsible for a violation of this ordinance to:
(i) Immediately discontinue any Illicit Connection or Prohibited Discharge to the
Storm Water Drainage System;
(ii) Immediately contain or divert any flow of water off the property, where the flow
is occurring in violation of any provision of this ordinance;
(iii) Immediately discontinue any other violation of this ordinance;
(iv) Clean up the area affected by the violation.
(b) The Authorized Inspector may direct by Cease and Desist Order that the owner of
any property or any Permittee under any permit issued pursuant to Section VIII
hereof:
W7
14.25.060(a)(3)(b)(i)-14.25.060(a)(8) Huntington Beach Municipal Code
(i) Immediately cease any activity not in compliance with the terms, conditions and
requirements of the applicable permit.
(4) Recovery of Costs. The Authorized Inspector may deliver to the owner or occupant of
any property, any Permittee or any other Person who becomes subject to a notice of
noncompliance or administrative order, an Invoice for Costs. An Invoice for Costs shall
be delivered in accordance with Section 14.25.060 of this ordinance: An Invoice for
Costs shall be immediately due and payable to the city for the actual costs incurred by the
City in issuing and enforcing any notice or order.
(a) If any owner or occupant, Permittee or any other Person subject to an invoice for
costs fails to either pay the Invoice for Costs or appeal successfully the Invoice for
Costs in accordance with Section 14.25.060, then the City Attorney may institute
collection proceedings.
(5) Delivery of Notice. Any Notice of Noncompliance, Administrative Compliance Order,
Cease and Desist Order or Invoice of Costs to be delivered pursuant to the requirements
of this ordinance shall be subject to the following:
(a) The notice shall state that the recipient has a right to appeal the matter as set forth in
Section-14.25.060 of this ordinance.
(b) Delivery shall be deemed complete upon (i)personal service to the recipient; (ii)
deposit in the U.S. mail, postage pre-paid for first class delivery; or(iii)facsimile
service with confirmation of receipt.
(c) Where the recipient of notice is the owner of.the property, the address for notice shall
be the address from the most recently issued equalized assessment roll for the
property or.as otherwise appears in the current records of the city.
(d) Where the owner or occupant of any property cannot be located after the reasonable
efforts of the Authorized Inspector, a Notice of Noncompliance or Cease and Desist
Order shall be deemed delivered after posting on the property for a period of ten(10)
business days.
(6) Administrative Hearing for Notices of Noncompliance. Administrative Compliance
Orders. Invoices for Costs and Adverse Determinations. Except as set forth in Paragraph
8, any Person receiving a Notice of Noncompliance, Administrative Compliance Order, a
notice of Legal Nonconforming Connection, an Invoice for Costs, or any Person who is
subject to any adverse determination made pursuant to this ordinance, may appeal the
matter by requesting an administrative hearing. Notwithstanding the foregoing, these
administrative appeal procedures shall not apply to criminal proceedings initiated to
enforce this ordinance.
(7) Request for Administrative Hearing. Any person appealing a Notice of Noncompliance,
an Administrative Compliance Order, a notice of Legal Nonconforming Connection, an
Invoice for Costs or an adverse determination shall, within thirty(30)days of receipt
thereof, file a written request for an administrative hearing, accompanied by an
administrative hearing fee as established by separate resolution, with the Office of the
City Clerk, with a copy of the request for administrative hearing mailed on the date of
filing to the City Administrator. Thereafter, a hearing on the matter shall be held before
the Hearing Officer within forty-five (45)business days of the date of filing of the written
request unless, at the reasonable discretion of the Hearing Officer and pursuant to a
written request by the appealing party, a continuance of the hearing is granted.
(8) Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions.
An administrative hearing on the issuance of a Cease and Desist Order or following an
8/97
Huntington Beach Municipal Code 14.25.060(a)(8)-14.25.060(b)(3)
emergency abatement action shall be held within five (5) business days following the
• issuance of the order or the action of abatement, unless the hearing (or the time
requirement for the hearing) is waived in writing by the party subject to the Cease and
Desist Order or the emergency abatement. A request for an administrative hearing shall
not be required from the Person subject to the Cease and Desist Order or the emergency
abatement action.
(9) Hearing Proceedings. The Authorized Inspector shall appear.in support of the notice,
order, determination, Invoice for Costs or emergency abatement action, and the appealing
party shall appear in support of withdrawal of the notice, order, determination, Invoice
for Costs, or in opposition to the emergency abatement action. The City shall have the
burden of supporting any enforcement or other action by a preponderance of the
evidence. Each party shall have the right to present testimony and other documentary
evidence as necessary for explanation of the case.
(10) Final Decision and Appeal. The final decision of the Hearing Officer shall be issued
within ten(10)business days of the conclusion of the hearing and shall be delivered by
first-class mail, postage prepaid, to the appealing party. The final decision shall include
notice that any legal challenge to the final decision shall be made pursuant to the
provisions of Code of Civil Procedure §§1094.5 and 1094.6 and shall be commenced
within ninety(90) days following issuance of the final decision. (The administrative
hearing fee paid by a prevailing party in an appeal shall be refunded.)
(a) Notwithstanding this Section 10, the final decision of the Hearing Officer in any
preceding determining the validity of a Cease and Desist Order or following an
emergency abatement action shall be mailed within five (5)business days following
the conclusion of the hearing.
(11) City Abatement. In the event the owner of property, the operator of a facility, a
Permittee or any other Person fails to comply with any provision of a compliance
schedule issued to such owner, operator, Permittee or Person pursuant to this ordinance,
the Authorized Inspector may request the City Attorney to obtain an abatement warrant
or other appropriate judicial authorization to enter the property, abate the condition and
restore the area. Any costs incurred by the city in obtaining and carrying out an
abatement warrant or other judicial authorization may be recovered pursuant to Section
14.25.060.
(b) Nuisance.
Any condition in violation of the prohibitions of this ordinance, including but not limited to the
maintenance or use of any Illicit Connection or the occurrence of any Prohibited Discharge,
shall constitute-a threat to the public health, safety and welfare, and is declared and deemed a
nuisance pursuant to Government Code§38771.
(1) Court Order to Enjoin or Abatement. At the request of the Administrator, the City
Attorney may seek a court order to enjoin and/or abate the nuisance.
(2) Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a
nuisance or threatened nuisance, the Authorized Inspector shall provide notice of the
proposed injunction or abatement to the owner and occupant, if any, of the property
where the nuisance or threatened nuisance is occurring.
(3) Emergency Abatement. In the event the nuisance constitutes an imminent danger to
i public safety or the environment, the Authorized Inspector may enter the property from
which the nuisance emanates, abate the nuisance and restore any property affected by the
nuisance. To the extent reasonably practicable, informal notice shall be provided to the
owner or occupant prior to abatement. If necessary to protect the public safety or the
8197
14.25.060(b)(3)-14.25.060(e) Huntington Beach Municipal Code
environment, abatement may proceed without prior notice to or consent from the owner
or occupant thereof and without judicial warrant.
(a) An imminent danger shall include, but is not limited to, exigent circumstances created
by the dispersal of Pollutants, where the same presents a significant and immediate
threat to the public safety or the environment.
(b) Notwithstanding the authority of the city to conduct an emergency abatement action,
an administrative hearing pursuant to Section 14.25.060 heremabove shall follow the
abatement action.
(4) Reimbursement of Costs. All costs incurred by the city in responding to any nuisance, all
administrative expenses and all other expenses recoverable under State law, shall be
recoverable from the Person(s) creating, causing, committing, permitting or maintaining
the nuisance.
(5) Nuisance Lien. All costs shall become a lien against the property from which the
nuisance emanated and a personal obligation against the owner thereof in accordance
with Government Code §38773.1 and §38773.5. The owner of record of the property
subject to any lien shall be given notice of the lien prior to recording as required by
Government Code §38773.L
(a) At the direction of the Authorized Inspector, the City Attorney is authorized to
collect nuisance abatement costs or enforce a nuisance lien in an action brought for a
money judgment or by delivery to the County Assessor of a special assessment
against the property in accord with the conditions and requirements of Government
Code §38773.5.
(c) Criminal Sanctions:
(1) Prosecutor. The City Attorney may act on the request of the Authorized Inspector to
pursue enforcement actions in accordance with the provisions of this ordinance.
(2) Infractions. Any Person who may otherwise be charged with a misdemeanor under this
ordinance may be charged, at the discretion of the City Attorney, with an infraction
punishable by a fine of not more than $100 for a first violation, $200 for a second
violation, and a fine not exceeding$500 for each additional violation occurring within
one year.
(3) Misdemeanors. Any Person who negligently or knowingly violates any provision of this
ordinance, undertakes to conceal any violation of this ordinance, continues any violation
of this ordinance after notice thereof, or violates the.terms, conditions and requirements
of any permit issued pursuant to this ordinance, shall be guilty.of a misdemeanor
punishable by a fine of not more than $1,OOO or by imprisonment for a period of not more
than six(6)months, or both.
(d) Consecutive Violations.
Each day in which a violation occurs and each separate failure to comply with either a separate
provision of this ordinance an Administrative Compliance Order, a Cease and Desist Order or a
permit issued pursuant to this ordinance, shall constitute a separate violation of this ordinance
punishable by fines or sentences issued in accordance herewith.
(e) Nonexclusive Remedies.
Each and every remedy available for the enforcement of this ordinance, shall be nonexclusive
and it is within the discretion of the Authorized Inspector or City Attorney to seek cumulative
M7
Huntington Beach Municipal Code 14.25.060(e)=14.25.060(i)(3)
remedies, except that multiple monetary fines or penalties shall not be available for any single
violation of this ordinance.
(f) Citations.
Pursuant to Penal Code §836.5, the Authorized Inspector shall have the authority to cause the
arrest of any Person committing a violation of this ordinance. The Person shall be released and
issued a citation to appear before a magistrate in accordance with Penal.Code§853.5, §853.6,
and §853.0,unless the Person demands to be taken before a magistrate. Following issuance of
any citation the Authorized Inspector shall refer the matter to the City Attorney.
Each citation to appear shall state the name and address of the violator, the provisions of this
ordinance violated, and the time and place of appearance before the court, which shall be at
least ten (10)business days after the date of violation. The Person cited shall sign the citation
giving his or her written promise to appear as stated therein. If the Person cited fails to appear,
the City Attorney may request issuance of a warrant for the arrest of the Person cited.
(g) Violations of Other Laws.
Any Person acting in violation of this ordinance also may be acting in violation of the Federal
Clean Water Actor the State Porter-Cologne Act and other laws and also may be subject to
sanctions including civil liability. Accordingly, the City Attorney is authorized to file a citizen
suit pursuant to Federal Clean Water Act §505(a), seeking penalties, damages, and orders
compelling compliance and other appropriate relief. The City Attorney may notify EPA Region
IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other
appropriate state or local agency, of any alleged violation of this ordinance.
(h) Injunctions:
At the request of the Authorized Inspector, the City Attorney may cause the filing in a court of
competent jurisdiction of a civil action seeking an injunction against any threatened or
continuing noncompliance with the provisions of this ordinance.
(1) Order for Reimbursement. Any temporary, preliminary or permanent injunction issued
pursuant hereto may include an order,for reimbursement to the city of all costs incurred
in enforcing this ordinance, including costs of inspection, investigation and monitoring,
the costs of abatement undertaken at the expense of the city, costs relating to restoration
of the environment and all other expenses as authorized by law.
(i) Other Civil Remedies..
(1) The Authorized Inspector may cause the City Attorney to file an action for civil damages
in a court of competent jurisdiction seeking recovery of(a) all costs incurred in
enforcement of the ordinance, including.but not limited to costs relating to investigation,
sampling, monitoring, inspection, administrative expenses, all other expenses as
authorized by law, and consequential damages, (b) all costs incurred in mitigating harm to
the environment or reducing the threat to human health, and (c) damages for irreparable
harm to the environment.
(2) The City Attorney is authorized to file actions for civil damages resulting from any
trespass or nuisance occurring on public land or to the Storm Water Drainage System
from any violation of this ordinance where the same has caused damage, contamination
or harm to the environment, public property or the Storm Water Drainage System.
(3) The remedies available to the city pursuant to the provisions of this ordinance shall not
limit the right of the city to seek any other remedy that may be available by law. (33s4-s7)
8/97
14.25.070(a)-14.25.070(e) Huntington Beach Municipal Code
14.25.070 Discharge Permit Procedure.
(a) Permit. On application of the owner of property or the operator of any facility, which property
or facility is not otherwise subject to the requirements of a State General Permit or a National
Pollution Discharge Elimination System Permit regulating storm water discharges, the Director
of Public Works may issue a permit authorizing the release of non-storm water Discharges to
the Storm Water Drainage System if:
(1) The Discharge of material or constituents is reasonably necessary for the conduct of
otherwise legal activities on the property; and
(2) The Discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or
cause any reduction in established water quality standards.
(b) Application. The applicant shall provide all information requested by the Director of Public
Works for review and consideration of the application, including but not limited to specific
detail as to the activities to be conducted on the property, plans and specifications for facilities
located on the property, identification of equipment or processes to be used on-site and other
information as may be requested in order to determine the constituents, and quantities thereof,
which may be discharged if permission is granted.
(c) Permit Issuance. The permit shall be granted or denied by the Director of Public Works, or
his/her designated representative, no later than sixty(60)business days following the
completion and acceptance of the application as determined by the Director of Public Works.
(1) The applicant shall be notified in person or by first-class mail, postage prepaid, of the
action taken.
(d) Permit Conditions. The permit may include terms,conditions and requirements to ensure'
compliance with the objectives of this ordinance and as necessary to protect the receiving
waters, including but not limited to:
(1) Identification of the Discharge location on the property and the location at which the
Discharge will enter the Storm Water Drainage System;
(2) Identification of the constituents and quantities thereof to be discharged into the Storm
Water Drainage System;
(3) Specification of pollution prevention techniques and structural or nonstructural control
requirements as reasonably necessary to prevent the occurrence of potential Discharges in
violation of this ordinance;
(4) Requirements for self-monitoring of any Discharge;`
(5) Requirements for submission of documents or data, such as technical reports, production
data, Discharge reports, self-monitoring reports and waste manifests; and
(6) Other terms and conditions appropriate to ensure compliance with the provisions of this
ordinance and the protection of receiving waters, including requirements for compliance
with best management practices guidance documents approved by any federal, State of
California or regional agency.
(e) General Permit. At the discretion of the Director of Public Works, the permit may, in
accordance with the conditions identified in Section 14.25.070 hereinabove, be prepared as a
general permit applicable to a specific category of activities. If a general permit is issued, any
Person intending to Discharge within the scope of the authorization provided by the general
permit may do so by filing an application to Discharge with the Director of Public Works. No
Discharge within the scope of the general permit shall occur until such application is so filed.
8197
Huntington Beach Municipal Code 14.25.070(e)(1)-14.25.080(c)
(1) Notwithstanding the foregoing in this subsection (e), the Director of Public Works, at his
. discretion, may eliminate the requirement that an application for a general permit be filed
for any specific activity for which a general permit has been issued.
(f) Permit Fees. The permission to Discharge shall be conditioned upon the applicant's payment of
the city's costs, in accordance with a fee schedule adopted by separate resolution,as follows:
(1) For individually issued permits, the costs of reviewing the permit.application, preparing
and issuing the permit, and the costs reasonably related to administrating this permit
program.
(2) For general permits, the costs of reviewing the permit application, that portion of the
costs of preparing the general permit which is reasonably attributable to the Permittee's
application for the general permit, and the costs reasonably related to administering the
general permit program. (3364-8/97)
14.25.080 Permit Suspension, Revocation or Modification.
(a) The Director of Public Works may suspend or revoke any permit when it is determined that:
(1) The Permittee has violated any term, condition or requirement of the permit or any
applicable provision of this ordinance; or
(2) The Permittee's Discharge or the circumstances under which the Discharge occurs have
changed so that it is no longer appropriate to except the Discharge from the prohibitions
on Prohibited Discharge contained within this ordinance; or
(3) The Permittee fails to comply with any schedule for compliance issued;pursuant to this
ordinance; or
(4) Any regulatory agency, including EPA or a Regional Water Quality Control Board
having jurisdiction over the Discharge, notifies the city that the Discharge should be
terminated.
(b) The Director of Public Works may modify any permit when it is determined that:
(1) Federal or state law requirements have changed in a manner that necessitates a change m
the permit; or
(2) The Permittee's Discharge or the circumstances under which the Discharge occurs have
changed so that it is appropriate to modify the permit's terms, conditions or requirements;
Or.
(3) A change to the permit is necessary to ensure compliance with the objectives.of this
ordinance or to protect the quality of receiving waters.
The Permittee,or, in the case of a general permit, each Person who has filed an application
pursuant to Section 14.25.070, shall be informed of any change in the permit terms and
conditions at least forty-five(45)business days prior to the effective date of the modified
permit.
(c) The determination that a permit shall be denied, suspended, revoked or modified may be
appealed by a Permittee pursuant to the same procedures applicable to appeal of an
• Administrative Compliance Order hereunder. In the absence of a judicial order to the contrary,
the Permittee may continue to Discharge pending issuance of the final administrative decision
by the Hearing Officer.
8/97
14.25.080(d)-14.25.100(c) Huntington Beach Municipal Code
(d) Permit Enforcement.
(1) Penalties. Any violation of the terms, conditions and requirements of any permit issued
by the Director of Public Works shall constitute a violation of this ordinance and subject
the violator to the administrative, civil and criminal remedies available under this
ordinance.
(2) Compliance with the.terms, conditions and requirements of a permit issued pursuant to
this ordinance shall not relieve the Permittee from compliance with all federal, state and
local laws,-regulations and permit requirements applicable to the activity for which the
permit is issued.
(a) Limited Permittee Rights. Permits issued under this ordinance are for the Person or
entity identified therein as the "Permittee" only, and authorize the specific operation
at the specific location identified in the permit. The issuance of a Permit does not vest
the Permittee with a continuing right to Discharge.
(b) Transfer of Permits. No permit issued to any Person may be transferred to allow:
(i) A Discharge to the Storm Water Drainage System at a location other than the
location stated in the original permit; or
(ii) A Discharge by a Person other than the Person named in the permit, provided,
however, that the city may approve a transfer if written approval is obtained, in
advance, from the Director of Public Works. (3364-8/97)
14.25.090 Interagency Cooperation.
a `The city intends to cooperate with other a encies.with jurisdiction over storm water discharges
(. ) Y P g J g
to ensure that the regulatory purposes underlying storm water regulations promulgated
pursuant to the Clean Water Act(33 USC §1251 et seq.) are met.
(b) The city may, to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections, permits and
enforcement authorized by this ordinance. (3364-&97)
14.25.100 Miscellaneous.
(a) Compliance Disclaimer.
Full compliance by any Person or entity with the provisions of this ordinance shall not preclude
the need.to comply with other local, state or federal statutory or regulatory requirements,:
which may be required for the control of the Discharge of Pollutants into storm water and/or
the protection of storm water quality:
(b) Severability.
If any provision of this ordinance or the application of the ordinance to any circumstance is
held invalid, the remainder of the ordinance or the application of the ordinance to other Persons
or circumstances shall not be affected.
(c) Repeal of Prior Ordinance.
The enactment of this ordinance by city shall repeal the provisions of County Ordinance No.
703, enacted for the permitting of Discharges of industrial waste to ground or surface waters
and no new Discharge permits shall be issued thereunder; provided, however, that connection
to Discharge under the terms and conditions of any individual Discharge permit issued prior to
8/97
Huntington Beach Municipal Code 14.25.100(c)-14.25.110
the date of enactment of the Water Quality ordinance shall be allowed hereunder as a Legal
. Nonconforming Connection. (3364-8r97)
14.25.110 Judicial Review
The provisions of§1094.5 and §1094.6 of the Code of Civil Procedure set forth the procedure for
judicial review of any act taken pursuant to this ordinance Parties seeking judicial review of any
action taken pursuant to this ordinance shall file such action within ninety(90) days of the
occurrence of the event for which review is Sought. (336"/97)
8/97
Huntington Beach Municipal Code 14.36.010-14.36.030(b)( V
Chapter 14.36
SEWER SYSTEM SERVICE CONNECTIONS,FEES, AND DEPOSITS
(741-1/60; 1001-10/63, 1100-12/64,2022-1176,2481-5181,2564-8/82,2608-3/83,2931-4/88,2985-3/89)
Sections:
14.36.010 Service application--Form
14.36.020 Encroachment permit--Plans and specifications--Public liability insurance
required
14.36.030 Encroachment permit--Connection by applicant
14.36.040 Change of occupancy--Installation of separate lines
14.36.050 Maintenance and repair
14.36.060 Private premises--User/owner responsibility
14.36.070 Sanitary sewer facilities fund established--fees
14.36.080 Planned local sanitary sewer areas--Fee schedule
14.36.090 Fee Payment
14.36.010 Service application--Form. All persons requesting service from the City Sewer
System shall file a written application, signed by the applicant, or his agent, containing the
following information: (2931-4188)
(a) The address or location of the premises to be served; (2931-4/88)
(b) Whether the applicant is owner, developer,occupant or lessee, or agent of any of the
foregoing; (2931-4/88)
(c),The name and address of the applicant if such person is not the occupant or lessee of the
premises; (2931-4/88)
(d) Any additional information which the Director may require. (2931-4/88)
14.36.020 Encroachment permit--Plans and specifications--Public liability insurance
required. Prior to the issuance of an encroachment permit and the commencement of any work,
the applicant, or his contractor, shall submit plans and specifications for review and approval by
the Director, or his designated representative. Applicant shall also furnish and maintain during
the period for which an encroachment permit is issued,a public liability insurance policy in
which the city, City Council,elective and appointive officers, employees, and boards and
commissions of the city shall be named as additional insureds when acting within the scope of
their employment, and which shall indemnify, defend,and hold harmless said additional
insureds. Such proof of comprehensive liability insurance shall be submitted on the city's
certificate of insurance form in an amount established by resolution of the City Council, shall be
signed by an authorized agent for aninsurance company licensed to do business in the State of
California, and approved by the City Attorney. (2931-4/88) _
14.36.030 Encroachment permit--Connection by applicant.
(a) No person shall install any pipe, apparatus,appliance or connection to any part of the City
Sewer System without first obtaining an encroachment permit to do so. The applicant shall
bear the cost for all labor and materials, and shall be a licensed contractor or shall employ a
contractor duly licensed under the laws of the State of California to perform such work. The
applicant shall also be responsible for the cost of constructing, maintaining, or replacing any
• part of a sewer system on private property,required by the Director, from the property line to
and including any on-site structure. (2931-4/88)
(b) Applicant shall comply with all relevant portions of Chapter 12.12 of this code not
inconsistent with the provisions of this chapter. (2931-4/88)
3/89
14.36.040-14.36.080(b) Huntington Beach Municipal Code
14.36.040 Change of occupancy--Installation of separate lines. Whenever occupancy on a •
parcel of land is changed from one to two or more, and more than one occupancy on such parcel
is served by the City Sewer System,the Director, at his discretion,may require the owner of such
a parcel of land to install separate sewer lines for each occupancy. (2931-4188)
14.36.050 Maintenance and repair.
(a) Repair and maintenance of all sewer mains,dedicated to the city shall be the responsibility of
the city. (2931-4/88)
(b) Repair and maintenance of all privately-owned sewer mains, and all lateral lines,equipment
and appurtenances connected to the city sewer mains shall be the responsibility of the
owner/user, and shall meet the requirements contained in Chapter 12.12 of this code.
(2931-4/88)
14.36.060 Private premises--User/owner responsibility. The city shall in no way whatsoever
be responsible for any damage to persons or property because of any leakage,breakage, or
seepage from, or accident or damage to, any sewer pipe or its appurtenances located on any
private premises; nor shall the city be responsible for or on account of any damage, injury-or loss
caused directly or indirectly by the existence on private premises of any sewer pipe or its
appurtenances. (2931-4/88)
14.36.070 Sanitary sewer facilities fund established--fees.
(a) There is hereby established,pursuant to California Government Code Sections 66483 et seq,
a sanitary sewer.facilities fund. As a condition precedernt to granting.applications for sewer
connections,the Department of Public Works is hereby.authorized to charge and collect fees
in amounts which shall not exceed the estimated reasonable cost of providing a City Sewer
System, maintaining same, and for future replacements or extensions thereof. (2931-4/88)
(b) Except as otherwise provided in Chapter 14.44, such fees shall be collected and expended
solely for the construction or reimbursement for construction of sanitary sewer facilities
within the planned local sanitary areas, set out in this chapter, from which the fees were
collected, or to reimburse the city for the cost of engineering and administrative services to
form such areas, and design and construct such facilities. (2931-4/88)
14.36.080 Planned local sanitary sewer areas--Fee schedule. Planned local sanitary sewer
areas and the fee schedule therefor shall be as follows:
(2931-4188)
(a) The sum of$220 for a dwelling unit,plus the sure of$150 for each additional. dwelling unit
on parcels less than ten thousand(10,000) square feet in area except those properties covered
in subsections(c) and(d)of this section. (2931-4188)
A "dwelling unit", for purposes of this section, shall be (1) a house, or each unit within a
multiple unit complex; (2) each residential quarter in hotels, apartments, and motels; (3) each
space providing permanent facilities in a mobilehome or trailer park. (2931-4/88)
(b) For any parcel ten thousand(10,000) square feet or more in area, $700 per acre, or each
fraction thereof,or$150 per dwelling unit, whichever is greater, except those properties
covered by subsections(c) and(d) of this section. The fee per acre of$700 shall apply to all
commercial and manufacturing developments, and those portions of trailer parks with
facilities for overnight parking. (2931-4/88)
3/89
Huntington Beach Municipal Code 14.36.080(c)-14.36.090(b)
. (c) In the area bounded on the west by Goldenwest Street, on the east by Beach Boulevard, on
the south by Pacific Coast Highway, and on the north by Clay Avenue,no fee shall be
charged for the first dwelling unit but a fee of$150 shall be charged for each additional
dwelling unit per lot. (2931-4/88)
(d) For any area served by a sanitary sewer facility,constructed and charged on a front foot,
basis, as provided in a.standard reimbursement agreement,the amounts set out in such.
agreement shall be charged together with the fees contained in subsections (a), (b), and(c)of
this section. (2931-4/88)
14.36.090 Fee Payment.
(a) All sewer fees, including county sewer fees, shall be paid to the city prior to recording the
final subdivision map with the County Recorder's Office,or prior to issuance of a building
permit by the city if a subdivision map is not required. (29314/88,2985-3/89)
(b) The subdivider or person to whom a building permit has been issued may enter into a
standard reimbursement agreement with the city,pursuant to Chapter 14.44 of this code.
(2931-4188,2985-3/89)
3/89
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
(3505-10/01,3570-10/02)
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. (3505-10/01)
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. (3505-10/01)
Customer Category Charge Type Charge
Residential- Single- Flat charge- Same amount for all $6.1172 per
family and townhouses customers in category. Calculated unit per
served by individual and billed monthly via the Utility month
meters. Billing System. (3570-10/02)
Apartment-All Flat charge,- Same amount for all $5.0742 per
apartments, mobile customers in category. Calculated unit per
homes, and townhouses and billed monthly via the Utility month
served by common Billing System. (3570-10/02)
water meters.
Regular Flat rate - Same dollar amount per $7.0993 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 (3570-10102)
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 $1.3284 per
Commercial/Industrial - cubic feet (HCF) of estimated sewer HCF per year
Businesses with high discharge. Calculated and billed (3570-10/02)
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 $1.9537 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 $1.2582 per
and billed annually through the ADA per year
Cit 's Accounts Receivables System. (3570-10/02)
10/02
e
Huntington Beach Municipal Code 14.55.030
14.55.030 Annual CPIU Adiustments.
0
(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. (3505-10/01)
(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. (3505-10/01)
12/01
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
Please Remove from Code Please Add to Code
Table of Contents Table of Contents
Title 2 Title 2
Chapter 2.07 Chapter 2.07
Chapter 2.12 Chapter 2.12
Chapter 2.111 Chapter 2.111
Chapter 2.114 Chapter 2.114
Title 7 ' Title 7
Chapter 7.14 Chapter 7.14
Chapter 9.76 Chapter 9.76
Title 12 Title 12
Chapter 12.12 Chapter 12.13
Title 14 Title 14
Chapter 14.08 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 Dale Jones, Deputy City Clerk, Records Division
(714) 374 1632
s yak Munlq al Code �s avarlable fiOn the l eer of �c
http://www.ci.huntington-beach.ca.us
MHIIN�ING�T(1 FEAC`� I NII �4 C`Ol� "
r
' a
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
1.18 Administrative Citations
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
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 Building & Safety
2.33 Department of Planning
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
2.114 Department of Information Services
2/03 1
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
5.44 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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.71 Escort Service
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
7.14 Performance of Wild or Exotic Animals for Public Entertainment or Amusement
2/03 11
TITLE 8
TITLE 8-HEALTH AND SAFETY
8.04 Food Handling Establishments
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.21 Refuse Management
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
is 10.24 Truck Routes
10.28 One-way Alleys
10/02 111
TITLE 10 (Continued)
10.32 Movement of Overloads
10.36 Stops and Yields
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
10.84 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
12.13 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
2/03 iv
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 Uniform Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Huntington Beach 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 Area of Benefit Districts
17.72 Covenants of Easement
TITLE 18- RESERVED
10/02 v
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 Building& Safety
2.33 Department of Planning
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 Repealed--3403-10/98
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
2.114 Department of Information Services
2/03
Huntington Beach Municipal Code 2.07.010--2.07.040(a)
CHAPTER 2.07
CAMPAIGN REFORM
(2507-11/81,2721-10/84,2818-3/86,3220-1/94,3452-3/00,3580-10/02,3599-2103)
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)
2.07.040 Definitions.
(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)
2/03
2.07.040(b)--2.07.060(d) Huntington Beach Municipal Code
(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. (3220-1/94,3452-3/00,3599-2/03)
(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) 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. (3220-1/94,3599-2/03)
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)
(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)
2/03
Huntington Beach Municipal Code 2.07.060(e)--2.07.070(c)
(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.
(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.
(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)
1/94
2.07.070(c)(1 Y-2.07.1 00(c) Huntington Beach Municipal Code
(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
( ) Pp
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.
(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.
(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)
(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)
1/94
Huntington Beach Municipal Code 2.07.100(d)--2.07.140
(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.
(3220-1/94)
2.07.130 Transmittal of campaign contributions in city office buildings.
(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)
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)
1/94
2.07.150-2.07.180(d) - Huntington Beach Municipal Code
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.
(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.
(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)
(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)
1/94
Huntington Beach Municipal Code 2.07.180(e)--2.07.260
(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 Beach City Charter Section 500(e)(1). (3220-1/94)
1/94
Huntington Beach Municipal Code 2.12.010--2.12.050
Chapter 2.12
ADMINISTRATIVE SERVICES DEPARTMENT
(2464-12/80,3583-11/02)
Sections:
2.12.010 Establishment
2.12.020 Objectives
2.12.030 Chief--Powers and duties
2.12.040 Appointment of subordinates
2.12.050 Terms
2.12.010 Establishment. There is hereby established a Department of Administrative Services
which shall include the staff functions of finance,personnel, data processing, word processing
and purchasing. (2464-12/80)
2.12.020 Objectives. The objectives of the department shall be to establish, facilitate and
maintain support to city operating departments. (2464-12/80)
2.12.030 Chief--Powers and duties. The Chief of Administrative Services shall be appointed
by the City Administrator with the approval of a majority of the City Council. The Chief shall
have the following powers and duties:
(a) Direct, plan, organize and coordinate programs and activities of the Administrative Services
Department;
(b) Establish and maintain a system of financial procedures, accounts and controls for the city
government and each of its offices, officers, departments and agencies;
(c) Provide direction for the disbursement of all monies and control all expenditures to insure
that budget appropriations are not exceeded;
(d) Provide direction for the collection of all monies paid into or received by the city from
whatever source;
(e) Provide direction for the billing and collection of accounts receivable, including water
billings,bill and collection for amounts due from other governmental units and billing and
collection of all amounts due on contracts, leases, or other agreements entered into by the
city;
(f) Direct and administer the city's personnel system as it relates to employer/employee relations;
(g) Direct and administer the city's centralized purchasing function with regard to procurement of
all supplies, services and equipment for all city departments and agencies of the city.
(2464-12/80,3583-11/02)
2.12.040 Appointment of subordinates. The Chief,with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the
Administrative Services Department. (2464-12/80)
2.12.050 Terms. Whenever the terms "Finance Department" or"Personnel Department" are
used in this code, or in any resolution adopted by the City Council, they shall be deemed to mean
and read "Administrative Services Department." Where the terms "Director of Finance
Department" or "Director of Personnel Department" are used in this code,they shall be deemed
to mean and read "Chief of Administrative Services." (2464-12/80)
11/02
Huntington Beach Municipal Code 2.111.010--2.111.030(1
Chapter 2.111
PUBLIC WORKS COMMISSION
(3318-2/96;3490-1/01,3506-10/01,3515-12/01,3591-1/03)
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. (3318-2/96,3591-1/03)
(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 improvement projects which exceed $50,000.00 and
may review capital project repairs exceeding$50,000.00. (3318-2/96,3591-1/03)
(d) Review and recommend to the City Council all capital improvements project construction
change orders exceeding the authorized change order limit for the project. (3318-2/96,3591-1/03)
(e) Receive regular reports of the active capital improvement projects. (3591-1/03)
(f) Conduct an annual review and performance audit of the Sewer Service Fund. (3506-10/01,3591-1103)
1/03
2.111.030(g)--2.111.060 Huntington Beach Municipal Code
(g) 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. (3506-10/01,3591-1/03)
(h) Have the power and be required to hear for final decision appeals following sewer service
user charge adjustment and/or exemption decisions made by the Director of Public Works.
(3506-10/01,3591-1/03)
(i) Acting in the capacity of the Citizens Infrastructure Advisory Board, 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 ensuing fiscal year budget. (3515-12/01,3591-1/03)
(j) 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. (3515-12/01,3591-1/03)
(k) Have the power and be required to hear for final decision, appeals following street work
construction permit decisions made by the Director of Public Works. (3591-1/03)
(1) Have the power and be required to consider application of a fee adjustment of the Fair Share
Traffic Impact Fee if the development project does not have a discretionary development
permit. The Commission shall consider the application within sixty(60) days after the fee
application is deemed complete by the Director of Public Works. (3591-1/03)
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. (331 a-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. (331 s-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
1/03
Huntington Beach Municipal Code 2.111.060—2.111.140
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 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. (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)
1ro1
Huntington Beach Municipal Code 2.114.010—2.114.050
Chapter 2.114
DEPARTMENT OF INFORMATION SERVICES
(3583—11/02)
Sections:
2.114.010 Department Established
2.114.020 Director--Appointment
2.114.030 Department Objectives
2.114.040 Director--Powers and duties
2.114.050 Appointment of Subordinates
2.114.010 Department established. There is hereby created the Department of Information
Services O t e City of Huntington each. (3583-11/02)
2.114.020 Director--A ointment. The Director of Information Services 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. (3583-11/02)
2.114.030 Department Ob'ectives. The objectives of the Department shall be as
O OWS: (3583-11/02)
(a) Develop, implement, operate, and maintain technology systems for all City
departments. (3583-11/02)
(b) Direct, plan, organize and coordinate programs and activities of the Department of
Information Services. (3583-11/02)
2.114.040 Director--Powers and duties. The Director shall have the following
powers and duties: (3583-11/02)
(a) Plans, organizes and directs telecommunication and information services within
the City of Huntington Beach. (3583-11/02)
(b) Develops, implements, and maintains a City technology plan. (3583-11/02)
(c) Implements, integrates, and administers technology hardware and software solutions.
(3583-11102)
(d) Establishes and maintains a system of procedures for use and control of City technology
systems. (3583-11/02)
(e) Prepares and administers the department budget. (3583-11/02)
(f) Such 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. (3583-11/02)
2.114.050 Appointment of Subordinates. The Director,with the approval of the
City A ministrator, shall appoint all other officers, assistants, deputies and employees
of the Department of Information Services. (3583-11/02)
11/02
Huntington Beach Municipal Code Title 7 Index--7.04.010
Title 7
ANIMALS
(2016-10/75,3586/12/02)
Chapters:
7.04 Adoption of County Ordinances
7.08 Licensing Provisions
7.12 Miscellaneous Animal Care and Control
7.14 Performance of Wild or Exotic Animals for Public Entertainment or Amusement
7.20 Repealed, Urgency Ordinance No. 2016, 6 Oct 75
7.24 Repealed, Urgency Ordinance No. 2016, 6 Oct 75
7.28 Repealed,Urgency Ordinance No. 2016, 6 Oct 75
Chapter 7.04
ADOPTION OF COUNTY ORDINANCES
(7-4/09,27-11/09,66-9/20,324-5/29,380-12/34,481-6/44,Urg.Ord.641-2/56,885-2/62, 1088-10/64, 1905-4/74,
Urg.Ord.2034-1/76,Urg.Ord.2067-5/76,Urg.Ord.2084-7/76,Urg.Ord.2095-9/76,2322-11/78)
Sections:
7.04.010 Adoption of Title 4, Division 1 of the Codified Ordinances of the County of
Orange excepting Articles 4 and 5
7.04.020 Adoption of specified sections of Title 5 of the Codified Ordinances of the County
of Orange.
7.04.010 Adoption of Title 4,Division 1 of the Codified Ordinances of the County of
Orange excepting Articles 4 and 5. There is hereby adopted by the City Council of the city of
Huntington Beach the provisions of Title 4, Division 1 of the Codified Ordinances of the County
of Orange pertaining to animal control, except as to Articles 4 and 5 pertaining to dog and cat
licensing. Such ordinances are adopted and incorporated pursuant to sections 50022.9 et seq. of
the California Government Code, as fully as though set forth herein and of which not less than
three (3) copies have been and now are on file in the office of the City Clerk. From the date on
which this chapter takes effect,the provisions of said ordinances together with amendments
thereto shall be controlling within the corporate limits of the city of Huntington Beach.
Pursuant to California Government Code section 50022.4, the penalty provisions of the adopted
ordinances are fully set forth herein as follows:
"Sec. 1-1-34. General Penalty for violations. Any person violating any of the provisions of this
code shall be guilty of a MISDEMEANOR. Any person convicted for a violation of any of the
provisions of this code shall be punishable by a fine of not more than five hundred dollars ($500)
or by imprisonment in the county jail for a period of not more than six (6)months or by both
such fine and imprisonment."
"Sec. 1-1-35. Continuing violations. Each person shall be guilty of a separate offense for each
and every day during any portion of which any violation of any provisions of this code is
committed, continued or permitted by such person and shall be punishable accordingly."
"Sec. 1-1-36. Acts including causing, aiding and abetting. Whenever in this code any act or
omission is made unlawful, it shall include causing,permitting, aiding or abetting such act or
omission." (27-11/09,66-9/20,324-5/29,Urg.Ord.641-2156,885-2/62, 1905-4/74,Urg.Ord.2034-1176,
Urg.Ord.2067-5/76,Urg.Ord.2084-6/76,Urg.Ord.2095-9/76)
12/02
7.04.020 Huntington Beach Municipal Code
7 04 020 Adoption of specified sections of Title 5 of the Codified Ordinances of the county
of Orange. There is hereby adopted by the City Council of the city of Huntington Beach the
following provisions of Title 5 of the Codified Ordinances of the County of Orange: 5-1-1, 5-1-
3, 5-1-7, 5-1-29, 5-1-30, 5-2-1, 5-2-2, 5-2-3, 5-2-4, 5-2-5, 5-2-6, 5-2-7, 5-2-13, 502014, 5-2-15,
5-2-16, 5-2-17, 5-2-18, 5-2-19, 5-3-260, 5-3-261 and 5-3-263 pertaining to animal control and
licensing.
Such ordinances are adopted and incorporated pursuant to sections 50022.9 et seq. of the
California Government Code, as fully as though set forth herein and of which not less than three
(3) copies have been and now are on file in the office of the City Clerk. From the date on which
this section takes effect,the provisions of said ordinances together with amendments thereto shall
be controlling within the corporate limits of the city of Huntington Beach. (urg.Ord.2034-1/76,
Urg. Ord.2084-7/76,2095-9/76,2322-11/78)
11/78
Huntington Beach Municipal Code 7.14.010-7.14.030C17
Chapter 7.14
PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC
ENTERTAINMENT RAMUSEMENT
(3586-12/02)
Sections:
7.7.1 ._6 10 Purpose and Intent
7.14.020 Performance of Wild and Exotic Animals -Prohibited
7.14.030 Definitions
7.14.040 Enforcement
7.14.050 Exemptions
7.14.060 Severability
7.14.010 Pur ose and Intent. It is the purpose and intent of the City of Huntington Beach City
Council to protect the public7gainst hazards that wild and exotic animals used in performances
for entertainment pose to society and to protect wild and exotic animals from cruel and inhumane
treatment. (3586-12/02)
7.14.020 Performance of Wild or Exotic Animals --Prohibited. It shall be unlawful for
any person to permit the performance of any wild and exotic animal for public entertainment,
amusement or benefit on any public or private property within the City of Huntington Beach.
(3586-12/02)
7.14.030 Definitions. For the purposes of this Chapter only, the following words and terms
shall e eeme to mean and be construed as follows: (3586-12/02)
A. "Performance"means any act, circus, ride, trade show, carnival,parade, race, or similar
undertaking in which wild or exotic animals are required to perform tricks, fight, or
participate as accomplishments in performances for the entertainment, amusement or
benefit of an audience. Performance shall not include the display of wild and exotic
animals. (3586-12/02)
B. "Display"means the use or exhibition of animals for educational purposes or to groups of
twenty(20) or fewer persons. (3586-12/02)
C. "Wild and exotic animal"means any non-domestic animal and includes any or all of the
following orders and families, or similar orders and families whether bred in the wild or in
captivity, and any hybrid with domestic animals. The animals listed in parentheses are
intended as examples and are not to be construed as an exhaustive list or limit the
generality of each group of animals listed, unless otherwise specified: (3586-12/02)
1. Non-human primates and prosimians (chimpanzees, monkeys) (3586-12/02)
2. Felidae (except domesticated cats) (3586-12/02)
3. Canidae (except domesticated dogs) (3586-12/02)
4. Ursidae (bears) (3586-12/02)
5. Proboscidae (elephants) (3586-12/02)
6. Crocodilia(alligators, crocodiles) (3586-12/02)
7. Marsupialia(kangaroos, opossums) (3586-12/02)
8. Reptilia over 8 feet in length and snakes and reptiles of venomous variety.
(3586-12/02)
9. Perissodactyla(rhinoceroses, tapirs,but not horses or donkeys or mules)
(3586-12102)
10. Artiodactyla(hippopotamuses, giraffes, camels, but not cattle, swine, sheep or
goats) (3586-12/02)
11. Hyaenidae(hyenas) (3586-12/02)
12. Mustelidae (skunks, weasels, otters, badgers) (3586-12/02)
13. Procynonidae(raccoons, coatis) (3586-12/02)
40 14. Edentata(anteaters, sloths, armadillos) (3586-12/02)
15. Viverridae(mongooses, civets, and genets) (3586-12/02)
16. Struthioniformes (ostriches) (3586-12/02)
17. Casuariiformes (emus) (3586-12/02)
12/02
7.14.030D-7.14.060 Huntington Beach Municipal Code
D. "Person"means any individual, establishment, firm, association, organization,partnership,
trust, corporation or company. (3586-12/02)
E. "Domestic animal"means any animal that is livestock, a companion animal, or both.
Livestock includes but is not limited to: 1)poultry 2) cattle 3) swine 4) sheep 5) goats and
6)horses. Companion animal means any animal that is commonly kept by a person as a
pet or for companionship and includes but is not limited to: 1) domesticated doffs 2
domesticated cats 3) ferrets 4) gerbils 5) guinea pigs 6)hamsters 7) horses 8)mice )
rabbits and 10)rats. (3586-12/02)
F. "Director of Community Service" shall mean the Director of Community Services of the
City of Huntington Beach or his designee. (3586-12/02)
G. "Planning Director" shall mean the Planning Director of the City of Huntington Beach or
his designee. (3586-12/02)
7.14.040 Enforcement. The Director of Community Services or the Planning Director shall
have the power and authority to enforce the provisions of this Chapter. (3586-12/02)
7.14.050 Exemptions. The following are exempt from the provisions of this Chapter: (3586-12/02)
A. Education activities endorsed or accredited by the American Zoo and Aquarium
Association. (3586-12/02)
B. Veterinarians in the ordinary course of a veterinarian's practice of business. (3586-12/02)
C. Educational activities endorsed or accredited by the Association of Sanctuaries and the
American Sanctuary Association. (3586-12/02)
D. Activities conducted pursuant to a Film Permit issued by the Community Services
Department. (3586-12/02)
7.14.060 Severability. If any section, subsection, subdivision,paragraph, sentence, clause, or
phrase in�t his chapter ter or any art 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. (3586-12/02)
12/02
Huntington Beach Municipal Code 9.76.010--9.76.020
Chapter 9.76
DISCHARGING WEAPONS
(16-6/09,513-7/47,Urg.Ord. 1116-1/65, 1641-4/71,3292-8/95,3598-2/03)
Section:
9.76.010 Prohibited
9.76.020 Nuisance
9.76.010 Prohibited. It is unlawful for any person, or persons, other than a Police Officer acting
in his official line of duty,to shoot, fire or discharge or for any person, firm or corporation to
cause or permit to be shot, fired or discharged within the corporate limits of the city any rifle,
shotgun,pistol, revolver or other firearm, or any air gun, air pistol, or air rifle, or any other
weapon which emits a projectile as a result of pressure exerted at the breach, with the following
exceptions:
(a) When it may be necessary to do so to protect life or property;
(b) The use of the Huntington Beach police range as authorized and supervised by the
Huntington Beach Police Department;
(c) Any police training exercise that has received the prior authorization of the Chief of Police;
or
(d) Firearm exhibitions, competitions or similar special events which have first received a permit
in writing for such purposes issued by the Chief of Police. (16-6/09,513-7/47,Urg.Ord. 1116-1/65,
1641-4/71,3598-2/03)
9.76.020 Nuisance. It shall be deemed a public nuisance for any person, other than a Police
Officer acting in his official line of duty,to shoot, fire or discharge or for any person, firm or
corporation to cause or permit to be shot, fired or discharged within the city limits any rifle
shotgun, pistol, revolver or other firearm, or any air gun, air pistol, or air rifle, or any other
weapon which emits a projectile as a result of pressure exerted at the breach. (3292-8/95)
2/03
Huntington Beach Municipal Code Title 12 Index
Title 12
STREETS AND SIDEWALKS
Chapters:
12.04 Datum Plane
12.08 House Numbers
12.10 Standard Specifications for Public Works Construction
12.12 Repealed(3582-11/02)
12.13 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
11/02
Huntington Beach Municipal Code 12.13.010-12.13.010(i)
Chapter 12.13
STREET WORK GENERALLY
(3582-11/02)
Sections:
— T13.010 Definitions
12.13.020 Erecting utility structures--Authority
12.13.030 Emergency situations
12.13.040 Obstructing or construction within public way—Permit required
12.13.050 Duration and validity
12.13.060 Penalty for exceeding time restrictions
12.13.070 Permit--Fees
12.13.080 Required information for permit
12.13.090 Construction work--Permit denial—Appeal in general
12.13.100 Orders,regulations, and rules of City departments
12.13.110 Construction work—Licensed contractor required
12.13.120 Street excavation moratorium—no permit shall be issued
12.13.130 Underground service alert
12.13.140 Stop work order,permit modification, and permit revocation
12.13.150 Restoration
12.13.160 Repair by the department
12.13.170 Emergency remediation by the department
12.13.180 Suspension of applications and permits
12.13.190 Identification of visible facilities
12.13.200 City repaving plan
12.13.210 Coordination with City
12.13.010 Definitions.
(a) "Applicant" shall mean any owner or duly authorized agent of such owner, who has
submitted an application for a permit to excavate. (3582-11/02)
(b) "City" shall mean the City of Huntington Beach. (3582-11/02)
(c) "Department" shall mean the Department of Public Works. (3582-11/02)
(d) "Director" shall mean the Director of the Department of Public Works or his/her
designee, and shall include the term"Superintendent of Streets." (3582-11/02)
(e) "Excavation" shall mean any opening in the surface or subsurface of the public right-of-
way. (3582-11/02)
(f) "Facility" or "facilities" shall mean any and all cables wires, cabinets, ducts, conduits,
converters, equipment, drains, handholds, manholes,pipes,pipelines, splice boxes,
surface location markers, tunnels, utilities, vaults, and other appurtenances or tangible
things owned, leased, operated, or licensed by an owner or person, that are located or are
proposed to be local ed in the public right-of-way. (3582-11/02)
(g) "Franchise" granted by the City of Huntington Beach or the state of California is a contract
granting special privileges to use the public right-of-way. It is not intended that this
chapter of the Municipal Code impose additional rules or regulations which are
inconsistent with the rights or obligations under the franchise or confer authority to the
City that conflicts with the State's Public Utilities Code or the jurisdiction of the California
Public Utilities Commission. (3582-11/02)
(h) "Owner" is defined i s that person who is responsible for the project. (3582-11/02)
( ) "Permit" or permit to excavate shall mean a permit to perform a project as it has been
approved or may be amended or renewed by the department. (3582-11/02)
11/02
12.13.0100)—12.13.060 Huntington Beach Municipal Code
(j) "Permittee" shall mean the applicant to whom a permit has been granted by the
department in accordance with this chapter. (3582-11/02)
(k) "Person" shall mean any natural person, owner, corporation,partnership,public utility
franchise, or any governmental agency, including any agency other than the City of
Huntington Beach, department, the state of California, or United States of America.
(3582-11/02)
(1) "Project"for purposes of this chapter shall mean any activity permitted under this
chapter, including but not limited to excavation, construction, demolition, obstruction of
right-of-way, repair and building. (3582-11/02)
(m) "Public right-of-way" shall mean the area across, along,beneath, in, on, over, under,
upon, and within the dedicated public alleys,boulevards, courts, lanes,places, roads,
sidewalks, streets,ways and City owned properties within the City, as they now exist or
hereafter will exist and which are or will be under the permitting jurisdiction of the
Department of Public Works. (3582-11/02)
12.13.020 Erecting utility structures--Authori . It is unlawful for any person, without a City
franchise and/or City ermrt, or other authority trom the Director,to erect any telegraph,
telephone, electric light or, transmission poles, or facilities on or in any walk, street, alley or
public place in this City, or to stretch any wires or cables 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. (3582-11/02)
12.13.030 Emergencv situations. Nothing contained in this chapter shall be construed to
prevent any person rom taking any action necessary for the preservation of life or
property when such necessity arises during days or times when the department is closed.
In the event that any person undertakes any project, as defined herein, in the public right-
of-way made necessary by an immediate threat to health, safety, life or property, such
person shall apply for an emergency permit within four hours after the department's offices
are first opened. The applicant for an emergency permit shall submit a written statement of
the basis of the emergency action and describe the work performed. (3582-11/02)
12.13.040 Obstructing or construction within public wa --Permit re uired. It is unlawful for
any person to construct, repair, use, or obstruct any street, alley, sidewalk or public property
within this City by placing thereon or therein any utility, building, stand, counter, fence, lunch
wagon, storage container, bandstand, structure,building material or tools, gravel, dirt, excavation
or obstruction of any kind whatsoever or performing any demolition, without a permit having
first been issued therefor as hereinafter provided. (3582-11/02)
12.13.050 Duration and validity.
(a) Permits shall be void if the project has not begun within thirty days of the start date
specified in the permit or if the project, including restoration,has not been
completed within the specified duration; provided, however, that the Director, in
his or her discretion for good cause shown,may issue one thirty-day extension to
the start date and one thirty-day extension to the duration of a permit upon written
request from the permittee. (3582-11/02)
(b) Permits are not transferable without the written consent of the permittee and the
Director. (3582-11/02)
12.13.060 Penalty for exceeding time restrictions. A penalty shall be imposed upon any person
who does not complete work requiring road or lane closures within the established time frame.
The penalty 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. (3582-11/02)
11/02
Huntington Beach Municipal Code 12.13.070—12.13.080(b)2
12.13.070 Permit--Fees. The Director shall not issue any permit except upon the payment of
plan check, inspection and permit fees, set by resolution of the City Council. The State of
California and the County of Orange, including entities such as special districts organized under
state law, are fee exempt. At the discretion of the Director, and upon proven City history of
prompt payment and company fiscal integrity,the Director may request and make arrangements
for alternative methods of collecting payment such as monthly billings. (3582-11/02)
12.13.080 Required information for permit. Before any project mentioned in this chapter may
e commenced,the person doing such work must provide the following information: (3582-11/02)
(a) Applications for permits shall be submitted in the format and manner specified by
the Director and shall contain: (3582-11/02)
1. The name, address, telephone, and facsimile number of the applicant. Where an
applicant is not the owner of the facility to be installed or maintained in the public
right-of-way, the application also shall include the name, address, telephone, and
facsimile number of the owner. (3582-11/02)
2. A description of the location,purpose or use, method of construction, and surface
and subsurface area of any proposed project. (3582-11/02)
3. A plan showing the proposed location and dimensions of the proposed project
excavation and the facilities to be installed,maintained, or repaired in connection
with the project, and such other details as the department may require. (3582-11/02)
4. Upon request, a copy of any documentation, easement, encroachment permit,
license, or other legal instrument that authorizes the applicant or owner to use or
occupy the public right-of-way for the purpose described in the application.
Where the applicant is not the owner of the facility or facilities to be installed or
0 maintained, the applicant must demonstrate in a form and manner specified by the
department that the applicant is authorized to act on behalf of the owner.
(3582-11/02)
5. The proposed start date of project. (3582-11/02)
6. The proposed duration of the project,which shall include the duration of
restoration of the public right-of-way physically disturbed by the project.
(3582-11/02)
7. A current business license issued by the City of Huntington Beach for the
applicant and any subcontractors who will be providing services under the permit.
(3582-11/02)
8. Evidence of insurance for the applicant and owner as specified by Resolution of
the City Council. (3582-11/02)
9. Any other information that may reasonably be required by the department.
(3582-11/02)
(b) Action on applications for permits as provided in this Chapter. (3582-11/02)
1. After receipt of an application for a permit, the department shall determine
whether an application is complete. If the application is deemed to be incomplete,
the department shall advise the applicant in writing of the reasons for rejecting the
application as incomplete. (3582-11/02)
2. If the application is deemed to be complete,the department, in its discretion, shall
Is deny, approve, or conditionally approve the application. In order to preserve and
11/02
12.13.080(b)2—12.13.120 Huntington Beach Municipal Code
maintain the public health, safety,welfare, and convenience, the department may
condition a permit with specified requirements including,but not limited to,those
that limit or modify the facilities to be installed or maintained, the location of the
facilities to be installed or maintained, and the time,place, and manner of work to
be performed. (3582-11/02)
3. If the application is denied, the department shall advise the applicant in writing of
the basis for denial. (3582-11/02)
4. If the application is approved or conditionally approved,the department shall issue
a permit to the applicant. (3582-11/02)
It is unlawful for any permittee to make, to cause, or permit to be made, any project in the public
right-of-way outside the boundaries,times, and description set forth in the permit. (3582-11/02)
12.13.090 Construction work--Permit denial—Anveal.in 2eneral. In the event the Director
re ses or any reason to issue a permit, the applicant may petition the Public Works
Commission, in writing, for a hearing to consider said request. Any decision of the Commission,
including but not limited to decisions to grant or deny permits, is appealable to the City Council
who will consider the application de novo. (3582-11/02)
12.13.100 Orders re ulations and rules of Ci de artments. All work in the public
right-of-way pursuant tot is chapter shall e pertbrined in accordance with the standard
plans and specifications of the department, the design manual, and any department orders,
regulations, or rules, except where the Director grants, for good cause shown, prior written
approval to deviate from such standard plans and specifications, the design manual, orders,
regulations, or rules. (3582-11/02)
12.13.110 Construction work--Licensed contractor re uired.No construction work of any
kind shall e done or per orme on any pu is rig t-o -way, in the City unless done according
to City orders,regulations, rules of standard plans and by a contractor licensed by the State of
California to perform that class of work. (3582-11/02)
12.13.120 Street excavation moratorium- no permit shall be issued. In order to preserve the
ride quality, structural integrity and appearance of newly constructed or renovated streets,
permission to excavate in newly constructed or renovated streets will not be granted for three (3)
years after completion of street renovation as shown by the filing of a Notice of Completion.
Applicants shall determine alternate methods of installing utilities or making necessary repairs to
avoid excavating in newly renovated streets. Exceptions to the above are as follows: (3582-11/02)
(a) Emergency which endangers life or property. (3582-11/02)
(b) Interruption of essential utility service. (3582-11/02)
(c) Work that is mandated by legislation applicable to the City or person performing the
excavation or ordered by any court or governmental entity with jurisdiction over the City
of Huntington Beach. (3582-11/02)
(d) Service lateral for buildings or facility where the applicant has no other means of
providing service exists. (3582-11/02)
(e) Other situations deemed by the City's Public Works Commission to be in the best interest
of the general public. (3582-11/02)
All permits which are issued under A through E above shall be in accordance with the specified
enhanced standards, details and specifications established by and on file in the Department,
unless otherwise approved by the Director. (3582-11/02)
11/02
Huntington Beach Municipal Code 12.13.130—12.13.170(b)
12.13.130 Under round service alert. Any person excavating in the public right-of-way
shall comply with the requirements o t e underground service alert regarding notification
of excavation and marking of subsurface facilities. (3582-11/02)
12.13.140 Stop work order, permit modification and permit revocation. When the
Director as determined a person has violated t is chapter, or any condition of the permit,
or that an excavation poses a hazardous situation or constitutes a public nuisance,public
emergency, or other threat to the public health, safety, or welfare, or when the Director
determines there is a paramount public purpose, the Director is authorized to issue a stop
work order,to impose new conditions upon a permit, or to suspend or revoke a permit by
notifying the permittee of such action in writing. (3582-11/02)
12.13.150 Restoration.
(a) Like New Restoration. For all projects for which any permit under this Chapter has been
issued,the permittee shall restore or cause to be restored any area upon which work has
been performed to like new condition. Such restoration shall be done in the manner
prescribed by the standard plans and specifications,the design manual, orders,
regulations, and rules of the department. (3582-11/02)
(b) Modification to Requirements. Upon written request from the permittee, the Director, in
his or her discretion and for food cause shown, may approve in writing modifications to
the requirements of this section. (3582-11/02)
12.13.160 Repair by the department.
(a) In the event any person(s) fails,neglects, or refuses to repair or restore any condition
pursuant to the Director's notice as set forth in this chapter, the Director shall repair or
restore, or cause to be repaired or restored, such condition in such manner as the Director
deems expedient and appropriate. The person(s) identified by the Director as the
responsible party shall compensate the department for any costs associated with the
administration, construction, consultants, equipment, inspection,notification,
remediation, repair, restoration, or any other actual costs incurred by the department or
other departments or agencies of the City made necessary by reason of the repair or
restoration undertaken-by the department. (3582-11/02)
(b) Repair or restoration by the department in accordance with this chapter shall not relieve
the person(s) from any and all liability at the site of the repair or restoration, including,
but not limited to, future failures for any portions of work completed by permittee.
(3582-11/02)
12.13.170 Emergency remediation by the department.
(a) If, in the judgment of the Director, the site of an excavation is considered hazardous,
constitutes a public nuisance,public emergency, or other imminent threat to the public
health, safety, or welfare that requires immediate action,the Director shall order the
condition remedied by written, oral,telephonic or facsimile communication to the owner,
applicant, or any agent thereof and shall designate the owner or applicant as the
responsible party. (3582-11/02)
(b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate
action to remedy the condition as specified in said communication, the Director shall
remedy the condition or cause the condition to be remedied in such manner as the
Director deems expedient and appropriate. The person(s)identified by the Director as the
responsible party shall compensate the department for any reasonable costs associated
with the administration, construction, consultants, equipment, inspection,notification,
remediation,repair,restoration, or any other actual costs incurred by the department or
other departments or agencies of the City made necessary by reason of the emergency
remediation undertaken by the Department. (3582-11/02)
11/02
12.13.180-12.13.210 Huntington Beach Municipal Code
12.13.180 Sus erasion of avelications and Rermits.No person subject to any
outstanding violation o this chapter shall apply tor nor be issued any permit hereunder.
(3582-11/02)
12.13.190 Identification of visible facilities. All facilities installed pursuant to a permit
that are visible from the surface of t e pu is right-of-way shall be clearly identified with
the name of the current owner of the facilities. Upon demand of the Director,within six
months of change in ownership of a facility(ies),the identification required by this section
shall indicate the new owner. (3582-11/02)
12.13.200 Ci�Repavin Plan. The Director of Public Works shall prepare a two (2) year
repavinp an showing the street surfacing an
by the City for the next two (2) years. The
two year repaving plan will be made available to utilities at all times to assist them. (3582-11/02)
12.13.210 Coordination with City.
(a) Prior to designing facilities and applying for an excavation permit in the City's public
right-of-ways, applicants shall review other utilities' master plans and the City's two (2)
year repaving plan on file with the Director. The applicant shall coordinate, to the extent
practicable,with other planned utility and street work shown on such plans to minimize
damage to, and avoid undue disruption and interference with the public use of such
public rights-of-way. (3582-11/02)
(b) To avoid future excavations and to reduce the number of street excavations,
telecommunication companies shall be requested, when practical, to install spare
conduits. (3582-11/02)
11/02
Huntington Beach Municipal Code Title 14 Index--14.08.040(a)
Title 14
WATER AND SEWERS
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 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
14.32 (Repealed, Ordinance No. 2591-1/83)
14.36 Sewer System Service Connections, Fees and Deposits
14.40 (Repealed, Ordinance No. 2931-4/88)
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
Huntington Beach Municipal Code 14.08.010--14.08.050
Chapter 14.08
SERVICE CONNECTIONS
(674-12/57,3592-1/03)
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 be required to
provide the following information by telephone, in writing, or by any other means as deemed
acceptable by the department: (674-12/57,3592-1/03)
(a) Name of responsible party(individual or business); (3592-1/03)
(b) Social security number; (3592-1103)
(c) Driver's license number or passport number; (3592-1/03)
(d) Business license number(if applicable); (3592-1/03)
(e) Address of premises to be serviced; (3592-1/03)
(f) Date on which the applicant will be ready for service; (3592-1/03)
(g) Name and address to which bills will be mailed or delivered; (3592-1/03)
(h) Description of applicant as owner, tenant, agent,builder, or property manager; (3592-1/03)
(i) Contact information which may include but is not limited to primary contact phone number,
mobile phone number, fax number and employer phone number. (3592-1/03)
Failure to provide the information listed above may require the applicant to apply for services in
person on a form provided by the City Treasurer's office. (3592-1/03)
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. (674-12/57)
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. (674-12/57)
(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 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)
1/03
14.08.060 Huntington Beach Municipal Code
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)
12/57
Huntington Beach Municipal Code 2.07.010-2.07.040(a)
CHAPTER 2.07
CAMPAIGN REFORM
(2507-11/81,2721-10/84,2818-3/86,3220-1/94,3452-3/00,3580-10/02)
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." (3220-1194)
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.
2.07.040 Definitions.
(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)
10102
2.07.040(b)-2.07.060(b)(4) Huntington Beach Municipal Code
(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. (3220-1194)
2.07.050 Campaign contribution limitations.
(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 I
2.07.070 of this Chapter,provided that if the persons or committee accepts contributions in
excess of said amounts, it shall not make expenditures in excess of the number of
contributors multiplied by the contribution limit. This subsection does not prohibit
P individuals from making joint independent expenditures for purchasing advertisements and
engaging in similar expressive activity, provided they pay the vendor directly and separately.
(3220-1/94,3452-3/00,3580-10/02)
( ' (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. (3220-1194) j
2.07.060 A22regation 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)
10/02
Huntington Beach Municipal Code 2.07.060(c)—2.07.070(b)Example 3(2)
(c) An individual and any general or limited partnership in which the individual has a ten(101/o)
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)
(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.
(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. (3220-1194)
(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.
1194
2.07.070(b)Ex2mole 3(3)-2.07.100(a) Huntington Beach Municipal Code
(3) January 1, 1993,began the election cycle for the 1996 election.
(4) December 31, 1996, ends the election cycle for the 1996 election.
(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 recallelection 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.
(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.
(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)
1/94
Huntington Beach Municipal Code 2.07.100(br2.07.130(b)(1)
(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. (3220-1194)
(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.
(3220-1194)
(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-an y other candidate for elective City.office. .
(3220-1/94)
2.07.110 Monev 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.
(3220-1/94)
2.07.130 Transmittal of campaign contributions in city office buildings.
(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)
1/94
2.07.130(b)(2)-2.07.180(c) Huntington Beach Municipal Code
(2) "Receive" includes the precept of a campaign contribution delivered in person. (3220-1/94) .
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.
(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.
(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
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 Attomey 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. (3220-1194)
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 Beach City Charter Section 500(e)(1). (3220-1194)
1/94
C,31
Huntington Beach Municipal Code 2.12.010-2.12.030
Chapter 2.12
ADMINISTRATIVE SERVICES DEPARTMENT
(2464-12/80)
Sections:
2.12.01-0 Establishment
212.020 Objectives
2.12.030 Chief--Powers and duties
2.12.040 Appointment of subordinates
2.12.050 Terms
2.12.010 Establishment. There is hereby established a Department of Administrative Services
which shall include the staff functions of finance,personnel, data processing, word processing
and purchasing. (2464-12/80)
2.12.020 Objectives. The objectives of the department shall be to establish, facilitate and
maintain support to city operating departments. (2464-12/80)
2.12.030 Chief—Powers and duties. The Chief of Administrative Services shall be appointed
.by the City Administrator with the aproval of a majority of the City Council. The Chief shall
have the following powers and duties:
(a) Direct,plan, organize and coordinate programs and activities of the Administrative Services
Department;
• (b) Establish and maintain a system of financial procedures, accounts and controls for the city
government and each of its offices,officers,departments and agencies;
(c) Provide direction for the disbursement of all monies and control all expenditures to insure
that budget appropriations are not exceeded;
(d) Provide direction for the collection of all monies paid into or received by the city from
whatever source;
(e) Provide direction for the billing and collection of accounts receivable, including water
billings, bill and collection for amounts due from other governmental units and billing and
collection of all amounts due on contracts,leases, or other agreements entered into by the
city;
(f) Direct and administer the city's personnel system as it relates to employer/employee
relations;
(g) Direct and administer the city's data processing and word processing;
(h) Direct and administer the city's centralized purchasing function with regard to procurement of
all supplies, services and equipment for all city departments and agencies of the city.
(2464-12/80)
2.12.040 Appointment of subordinates. The Chief,with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the
Administrative Services Department. (2464-12/80)
. 2.12.050 Terms. Whenever the terms "Finance Department" or "Personnel Department" are
used in this code, or in any resolution adopted by the City Council,they shall be deemed to mean
i\ and read "Administrative Services Department." Where the terms "Director of Finance
Department" or"Director of Personnel Department" are used in this code, they shall be deemed
to mean and read "Chief of Administrative Services." (2464-12/80)
12/80
V i
Huntington Beach Municipal Code 2.111.010-2.111.030(f)Ch meter 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. (3318-2196)
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 byPublic 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. (3515-12101)
(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. (351542/01)
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)
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 9.76.010-9.76.020
Chapter 9.76
• DISCHARGING WEAPONS
(16-6/09.513-7/47, Urg. Ord. 1116-1165, 1641-4/71, 3292-8195)
Section:
9.76:010 Prohibited
9.76.020 , Nuisance
9.76.010 Prohibited. It is unlawful for any person, or persons, other than a Police Officer acting
in his official line of duty, to shoot, fire or discharge or for any person, firm or corporation to
cause or permit to be shot, fired or discharged within the corporate limits of the city any rifle,
shotgun, pistol, revolver or other firearm, or any air gun, air pistol, or air rifle, or any other
weapon which emits a projectile as a result of pressure exerted at the breach,with the following
exceptions:
(a) When it may be necessary to do so to protect life or property;
(b) Shotguns may be used for the extermination of destructive animals or birds only with written
permission of the Chief of Police;
(c) The use of the Huntington Beach police range as authorized and supervised by the Huntington
Beach Police Department;
(d) Any police training exercise that has received the prior authorization of the Chief of Police; or
(e),Firearm exhibitions which have first received a permit in writing for such purposes issued by
the Chief of Police. (16-6/09 513-7147, Urg. Ord. 1116-1/65, 16414/71)
9.76.020 Nuisance. It shall be deemed a public nuisance for any person, other than a Police
Officer acting in his official line of duty, to shoot, fire or discharge or for any person, firm or
corporation to cause or permit to be shot, fired or discharged within the city limits any rifle
shotgun, pistol, revolver or other firearm, or any air gun, air pistol, or air rifle, or any other
weapon which emits a projectile as a result of pressure exerted at the breach. (3292-8/95)
8/95
Huntington Beach Municipal Code ITitlleo14 Index-14.08.040(a)
Title 14
WATER AND SEWERS
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 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
14.32 (Repealed, Ordinance No. 2591-1/83)
14.36 Sewer System Service Connections, Fees and Deposits
14.40 (Repealed, Ordinance No. 2931-4/88)
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 CP1U Adjustment, and Billing Methodology for the Sewer
Service User Charge
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. (674-12/57)
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. (674-12/57)
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. (674-12/57)
10/01
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.
(674-12/5T)
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. (674-12/57)
•
12/57
HUNTINGTON BEACH :
MUNICIPAL CODE UPDATES
Please Remove from Code Please Add to Code
Table of Contents Table of Contents
Chapter 8.21 Chapter 8.21
Chapter 17.02 Chapter 17.02
Chapter 17.40 Chapter 17.40
Chapter 17.44 Chapter 17.44
Chapter 17.48 Chapter 17.48
i
c1 D� 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 Dale Jones, Deputy City Clerk, Records Division`
(714) 374-1632
� 11%lunlcipal„Code his available on„the lrernet
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
HUYTINGTON BEAMMI,,IN1'�IPAL Cf�UE h
• 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
1.18 Administrative Citations
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
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 Building & Safety
2.33 Department of Planning
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
10/02 1
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
5.44 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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.71 Escort Service
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
7/02 11
TITLE 8
• TITLE 8-HEALTH AND SAFETY
8.04 Food Handling Establishments
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.21 Refuse Management
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
11102 111
I
TITLE 10 (Continued)
10.32 Movement of Overloads •
10.36 Stops and Yields
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
10.84 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
12/01 iv
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 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
17.38 Temporary Rental of Mobile Homes in Mobile Home Parks
17.40 Mechanical Code
17.44 Plumbing.Code
17.46 Uniform Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Huntington Beach 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 Area of Benefit Districts
• 17.72 Covenants of Easement
TITLE 18 - RESERVED
12/02 v
Huntington Beach Municipal Code Chapter 8.21 8.21.010-8.21.010(e)
.
REFUSE MANAGEMENT
Sections:
8.21.010 Definitions
8.21.020 Collection of Refuse and Recyclable Waste Material
8.21.030 Residential Collection Service Charge
8.21.040 Dumping of Refuse prohibited
8.21.050 Occupant responsible for premises
8.21.060 Owner liable for premises
8.21.070 Accumulation prohibited
8.21.080 Storage
8.21.090 Containers and transportation of Refuse—permit
8.21.100 Containers—location
8.21.110 Container—interference
8.21.120 Container—improper substances
8.21.130 Container—removal
8.21.140 Collection—manner
8.21.150 Residential Refuse Collection
8.21.160 Commercial Collection Service
8.21.170 Special Collections—excluded Refuse
8.21.180 Collection of Recyclable Material
8.21.190 Disposal methods
8.21.200 Rules and regulations
8.21.210 Appeals
8.21.220 Unauthorized collection prohibited
8.21.230 Violation—penalty.
8.21.010 Definitions. The following definitions shall apply in the interpretation and
enforcement of these regulations: (3560-7/02)
(a) "Adequate Service"means the combination of the number of collections,the number of
Containers, and the size of Containers necessary so as not to cause the accumulation of
Refuse outside Containers or in excess of Level Full. (3560-7/02)
(b) 'Basic Level of Service" means, with respect to Residential Collection Service, that level
of Collection and disposal service necessary to provide Adequate Service for the
collection of Refuse generated by each single family residence, and each dwelling unit
within a duplex, a triplex, or a fourplex, as specifically provided in any given contract
between the City and any person for collection of such Refuse, or as provided by
resolution of the City Council, excluding Refuse or substances excluded from collection
by regulation of the Director or by contract, as hereinafter provided,Refuse capable
thereof which has not been placed in Containers or bundles within the weight and size
limits hereinafter set forth for Containers or bundles, and any unit of Refuse which
exceeds four feet in length or which exceeds forty pounds in weight. Basic Level of
Service, with respect to Commercial Collection Service, means that level of collection
and disposal service necessary to provide Adequate Service. (3560-7/02)
(c) "City Refuse Collector" means any Person either employed by or under contract with the
City to provide removal, transportation,processing, and disposition of Refuse from
residents and users of premises within the City. (3560-7/02)
(d) "Collection" means the pickup,removal, and transportation of Refuse by any Person
. authorized to do so by the City. (3560-7/02)
(e) "Commercial Collection Service" means the collection of Refuse from all property within
the City excluded from Residential Collection Service, or properties subject to
Residential Collection Service which choose to utilize Commercial Collection Service.
(3560-7/02)
7/02
8.21.010(f)-8.21.010(r) Huntington Beach Municipal Code
(f) "Container"means any vessel, tank, receptacle, dumpster,box or bin used or intended to
be used for the purpose of holding any Refuse, Recyclable Material, and Recyclable
Waste Material. Commercial Containers utilized in Commercial Collection Service
include all types of Containers, whereas Residential Containers utilized in Residential
Collection Service shall not include dumpsters or bins. (3560-7/02)
(g) ".Corporation"means corporations,partnerships,and all business enterprises, associations
or organizations, however designed. (3560-7/02)
(h) 'Director" means the Huntington Beach Director of Public Works or his authorized
representative. (3560-7/02)
(i) "Hazardous Waste"means a waste, or combination of wastes, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may a) cause,
or significantly contribute to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; or b) pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed. (3560-7/02)
(j) "Level Full"means the amount of Refuse deposited in a Commercial Container so_ that it
shall not exceed the lowest top edge of the Container and still allow the lid of the
Container to be completely closed. (3560-7/02)
(k) "Non-combustible Refuse"means ashes, bottles, broken crockery, glass, tin cans and
metallic substances or any other substances that will not incinerate through contact with
flames of ordinary temperature. (3560-7/02)
(1) "Person" means any individual, firm, governmental unit, organization,partnership,
corporation, company or other entity. (3560-7/02)
(m) "Processing"means reduction, separation, recovery, conversion or recycling of Refuse.
(3560-7/02)
(n) "Recyclable Material' means materials which are segregated at the source from other
Refuse for the purpose of Recycling and includes, but is not limited to, paper, glass,
metals, wood, plastics, wastes,bulky goods, waste oil, and construction and demolition
materials and which is sold by the owner thereof to a third party. (3560-7102)
(o) "Recyclable Material Collection"means the collection, transportation, storage, transfer,
or processing of Recyclable Materials. (3560-7/02)
(p) "Recyclable Waste Material' means discarded materials such as, but not limited to,
newspapers, glass and metal cans, which are separated from other Refuse for the purpose
of Recycling and which are not sold to a third party. (3560-7/02)
(q) "Recyclable Waste Material Collecting"means the collection, transportation, storage,
transfer, or processing of Recyclable Waste Material. (3560-7/02)
(r) "Recycling"means the process of collecting, sorting, cleansing, treatin,&, and
reconstituting materials that would otherwise be disposed of by landfilling or
transformation, and returning materials to the economic mainstream in the form of raw
material for new, reused, or reconstituted products. (3560-7/02)
7/02
Huntington Beach Municipal Code 8.21.010(s�-8.21.030
• (s) "Refuse" means all putrescible and non-putrescible solid, and semisolid wastes, including
garbage, trash, refuse,paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not Hazardous
Waste, manure, vegetable or animal solid or semi-solid wastes, and other discarded solid
or semi-solid wastes,but not including Hazardous Waste, radioactive waste regulated
pursuant to the State Radiation Control Law, untreated medical waste regulated pursuant
to the State Medical Waste Management Act, and liquid waste. Recyclable Waste
Material is considered Refuse for purposes of this Chapter. Materials that are sold or
donated by the owner thereof to a third party, and thereafter recycled, are not considered
Refuse for purposes of this Chapter. The term"Refuse" shall be synonymous with the
term"solid waste" as used in the Integrated Waste Management Act,Public Resources
Code §40000, et seq. (3560-7/02)
(t) "Refuse Collection"means the collection, transportation, storage, transfer, disposal, or
processing of Refuse. (3560-7/02)
(u) "Residential Collection Service"means the collection of Refuse from each single-family
residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving
noncommercial Refuse Collection Service. It shall not include any hotel,motel, lodge,
hall, club, tourist camp, trailer camp, mobilehome park, church, business or industrial
establishment, or any lot containing more than four dwelling units. (3560-7/02)
8.21.020 Collection of Refuse and Recyclable Waste Material.
(a) The collection of Refuse and Recyclable Waste Material shall be performed exclusively
by the City Refuse Collector. The City Council may regulate,by ordinance or resolution,
all aspects of the Residential Refuse Service and the Commercial Refuse Service,
including,but not limited to, frequency of collection, means of collection and
transportation, level of services, charges, fees, and nature, location, and extent of
providing such Services. (3560-7/02)
(b) Any other provision of this Code to the contrary notwithstanding, the City may enter into
contracts with responsible persons for the collection of Refuse within the City utilizing
such procurement procedures and upon such terms and conditions as are deemed
appropriate by the City Council. (3560-7/02)
(c) In the event of an emergency or other unforeseen or unpreventable circumstances
in which the City Refuse Collector is unable to maintain Refuse Collection
Services, the City Administrator may issue limited or temporary permits for a
period not to exceed thirty(30) days to persons or corporations to perform any of
the services covered by this Chapter. Any service beyond thirty(30) days shall be
approved by the City Council. (3560-7/02)
8.21.030 Residential Collection service charge. There shall be a charge for Residential
Collection Service which rates shall be established from time to time by resolution of the City
Council. Such charge shall apply to persons occupying single-family dwellings, and each
dwelling unit within a duplex, a triplex or a fourplex. A dwelling shall be deemed occupied if
connected to an active water service. This charge shall not apply to persons occupying
residential units such as apartments, mobilehome parks, or other multi-family complexes, who
are currently contracting directly with the City Refuse Collector. (3560-7/02,3581-11/02)
Any person receiving Residential Collection Service who is sixty-two years of age or older shall
pay 50% of the charge imposed by this section 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 in the City's Department of Economic Development, for the calendar
year prior to the fiscal year(July 1 through June 30) for which the exemption provided by this
chapter is applied. (3560-7/02,3581-11/02)
11/02
8.21.040-8.21.090 Huntington Beach Municipal Code •
8.21.040 Dumping of Refuse prohibited. It shall be unlawful for any person to cast, deposit,
place, sweep, throw, discard or leave any Refuse or cause such Refuse to be cast, deposited,
swept,placed,thrown, discarded or left in any place, public or private, within the City, without
the express permission of the owner of the premises. (3560-7/02)
8.21.050 Occupant responsible for premises. Every person occupying, using or controlling any
premises shall keep the premises in a clean and sanitary condition, and no person shall permit
any Refuse, sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, dead
animal or any other noxious or offensive matter of any kind, or any other substance that may
become offensive, to be deposited or to remain thereon except as otherwise provided by law.
(3560-7/02)
8.21.060 Owner liable for premises. The owner of any premises shall be liable for the costs to
the City for the enforcement of any provision of this Chapter. (3560-7/02)
8.21.070 Accumulation prohibited. No person occupying, using or controlling any premises
shall permit any Refuse to accumulate thereon, nor shall any such person maintain any
accumulation of Refuse thereon, unless in either event the same is stored in a manner approved
by the Director or by law. It shall be unlawful for any person to dump, deposit, place or bury
Refuse in or upon any lot, land, street, or alley, whether public or private, nor throw such Refuse
in any creek, stream, water or water way within the City. Any unauthorized accumulation of
Refuse on any premises is hereby prohibited and declared to be a nuisance. (3560-7/02)
8.21.080 Storage.
(a) Refuse shall be stored in a Container of,a type approved by the Director. Every such
Container shall be constructed of metal,plastic, or equally durable material, in such •
manner as to be strong,watertight, not easily corrodible, fly proof, and rodent proof.
Such Container shall have handles or other attachments designed for and capable of
lifting, and shall be kept covered at all times, except when Refuse is being deposited or
removed from such container. Commercial Containers shall be kept in a Level Full
condition. The cover shall completely and tightly close the Container so as to render it fly
and rodent proof and so that no Refuse may be visible. A sufficient number of Containers
shall be provided for the Basic Level of Service, in order to insure that all Refuse is
contained within completely covered Containers until such time as the Refuse is
collected. (3560-7/02)
(b) Refuse shall be stored in such a manner that it will not provide harborage to rats, nor
cause a fire hazard. (3560-7/02)
(c) Sturdy, grease-resistant,water proof, nonreturnable, plastic bags which are
specifically designed for garbage and Refuse may be used for Residential
Collection Service provided that each bag has a capacity not to exceed thirty-two
(32) gallons and shall not weigh more than sixty(60)pounds when filled and the
opening is secured so that contents cannot be removed, spilled or seen,and the
weight does not cause the bag to tear when handled. Such bags shall comply with
all of the requirements of subsections (a) and (b) except for the requirements of
handles and covers. Residential Collection Service may include tree trimmings
and other similar matter which shall be tied in bundles measuring not more than
four feet long and weighing not more than forty pounds. (3560-7/02)
8.21.090 Containers and transportation of Refuse--permit. No Person other than the City
Refuse Collector shall transport Refuse or Recyclable Material in a conveyance or Container that
has not been approved by the Director. Such Persons shall obtain a permit from the Director,
which shall be prominently displayed on such conveyance or Container. All vehicles and o
Container used in collecting and transporting Refuse or Recyclable Material shall be provided
with metal bodies so constructed as to be leakproof and to prevent the escape of offensive odors
and loss, spillage or blowing away of any contents collected or transported within the City. Such
vehicles and Containers shall be thoroughly cleaned to eliminate odors and decayed materials.
(3560-7/02)
7/02
. Huntington Beach Municipal Code 8.21.100-8.21.130(c)
8.21.100 Containers--location. Property owners and tenants are each responsible for the
placement of Residential Containers and any accumulation of Refuse which is for collection, and
which shall be kept or placed in such a manner as not to be visible from any street or alley,
whether public or private, except from noon on the day preceding collection to 10 p.m. on the
day of collection. During the period of collection, Containers and any accumulation of Refuse
shall be placed, outside of any enclosures, no later than 6:30 a.m., as follows,unless otherwise
directed by the Director: (3560-7/02)
(a) On alley. On the premises, at the rear property line, where there is a through alley in the
rear of the premises; (3560-7/02)
(b) Access from side entrance. On the premises at an accessible point adjacent to any side
entrance thereto where no through alley exists; (3560-7/02)
(c) At curb. At the curb in front of the premises,where no through alley or side entrance
exists. (3560aro2)
8.21.110 Container--interference.No person except the owner thereof, his agent or employee,
a duly authorizea City employee, or any employee of the City Refuse Collector, shall interfere in
any manner with any Container, or any accumulation of Refuse which is placed for Collection,
nor shall any person remove such Container or accumulation from the location where it shall
have been placed by the owner, his agent or his employee. (3560-7/02)
8.21.120 Container--improper substances.No person shall place or cause or permit to be
placed in any Container any substance or material other than Refuse as defined in this Chapter.
Large items included in the definition of refuse, exceeding four feet(4') in length or forty(40)
pounds in weight, shall not be placed in refuse containers. Persons wishing to dispose of such
large items shall inform the City Refuse Collector and make special arrangements to have the
items removed. The City Refuse Collector may levy a charge for removal of such items under a
schedule and formula to be uniformly applied, based on weight and size of the items, which
formula and schedule shall have been approved by the Director. The City Refuse Collector shall
not be required to collect Hazardous Waste. (3560-7/02)
8.21.130 Container—removal.
(a) The Director may cause to be posted a notice on any Container which does not display a
permit issued pursuant to Section 8.21.090, or on any Container illegally placed on public
or private property. The notice shall specify the nature of the violation and shall state that
the Container must be removed within twenty-four(24) hours or it may be removed and
stored by the City, and the contents disposed of, at the expense of the owner thereof. The
posting of a notice to remove shall constitute constructive notice to the owner and user of
the requirement to remove the Container. (3560-7/02)
(b) If the Container is not removed within twenty-four(24) hours after the notice to remove
is posted, the Director may order the removal and storage of the Container and the
disposal of its contents. The owner of the Container shall be responsible to the City for
the actual cost of removal, storage, and disposal. All amounts due to the City for the cost
of removal, storage and disposal shall be paid before the Container is returned to the
owner. Such amounts shall constitute a debt owed by the owner to the City, and the
owner shall be liable to the City in an action brought by the City for the recovery of such
amounts. (3560-7/02)
(c) If the identity of the owner of a Container that has been removed by the City is known to
the Director, the Director shall promptly cause notice to be mailed to the owner to claim
. the stored property. If the Container is not claimed within ninety(90) days after removal
and notice to the owner, or ninety(90)days after removal if the identity of the owner is
unknown to the Director,the Container and its contents shall be deemed abandoned
property and may be disposed of accordingly. (3560-7/02)
7102
8.21.140-8.21.170(d) Huntington Beach Municipal Code
8.21.140 Collection--manner. The owner, occupant, tenant or lessee of any premises
shall provide or cause to be provided, Basic Level of Service for the removal of Refuse
from said premises. Properties utilizing Commercial Collection Service shall provide
Adaq late Service. The City Refuse Collector shall remove from the premises all Refuse
which has been properly placed for collection, whenever such Refuse is of a type and in
an amount provided by contract with the City. Any removal of Refuse by the City Refuse
Collector,or any person shall be performed in a neat,orderly and quiet fashion, without
causing damage to the Container or the lid. Any spilled matter shall be picked up by the
person responsible for the spillage, and the premises shall be left in a clean and orderly
condition. Overfilled Containers of Refuse creating accumulations of Refuse in or at the
pickup site, shall be the responsibility of the premises owner for clean up. The security
and proper Level Full Container shall be the responsibility of the premises owner. All
additional collection of any type of Refuse that does not fit into a Container or causes an
overfull Container shall be the responsibility of the premises owner along with any
additional costs for removal or extra collection services. Refuse lawfully placed for
collection shall be the property of the City of Huntington Beach from the time of
placement until the time of collection and shall become the property of the City Refuse
Collector from the time of collection to the time of disposal. (3560-7/02)
8.21.150 Residential Refuse Collection. The City Refuse Collector shall operate and maintain
Residential Refuse Collection in the City by providing the Basic Level of Service on a regularly
scheduled basis, approved by resolution of the City Council, not less frequently than once each
week. The Director may by regulation exclude from such service any item or substance deemed
hazardous, obnoxious or otherwise inappropriate for such service. (3560-7/02)
8.21.160 Commercial Collection Service. Persons owning or operating premises utilizing
Commercial Collection Service shall contract with the City Refuse Collector for the provision of
the Basic Level of Service. The Director may, by written order, require the owner and/or
manager of any premises subject to Commercial Collection Service to provide Adequate Service
to the premises in question. (3560-7/02)
8.2.1.170 Special Collections--excluded Refuse.
(a) Refuse exceeding the limitation set forth in this Chapter may be scheduled for special
Collection either at regular special Collection dates or by arrangement with the City
Refuse Collector. (3560-7/02)
(b) The City Refuse Collector shall make available Containers and drop-off bodies, provide
additional collections not required by this Chapter,pick up Refuse at points other than as
required in this Chapter or provide for the collection of greater volumes of Refuse per
collection than required in this Chapter, any or all of these additional services at the
request of the person or business being served. The City Refuse Collector may make a
direct charge in each instance for such additional service under a written agreement which
shall be subject to the approval of the Director and at such rates as are reasonable,just
and uniform for all persons or businesses being served. All such direct charges shall be
collected by the City Refuse Collector. (3560-7/02)
(c) The removal of wearing apparel,bedding or other refuse from homes, hospitals, or other
places where highly infectious or contagious diseases have prevailed, shall be performed
under the supervision and direction of the County Health Officer, and such Refuse shall
neither be placed in Containers nor left for regular Collection and disposal. (3560-7/02)
(d) Highly inflammable or explosive or radioactive Refuse shall not be placed in Containers
for regular Collection and disposal,but shall be removed under the supervision of the Fire
Chief at the expense of the owner or possessor of the material. (3560-7/02)
7/02
Huntington Beach Municipal Code 8.21.270(er8.21.230(d)
• (e) The Director may, by written permit, authorize provision of bins and drop-off bodies if
the City Refuse Collector fails to provide such service within five (5) calendar days after
a customer order and such service is not thereafter provided within forty-eight(48)hours
after notice to the City Refuse Collector of such failure by the Director. (3560-7/02)
8.21.180 Collection of Rec clable Material. Persons collecting Recyclable Material within the
City shall, in addition to obtaining a business license, obtain a Recyclable Material Collection
and Disposal Permit from the Director prior to commencing such collection and annually
thereafter. Persons operating under such a Permit shall, on a quarterly basis or at such times as
determined by the Director, submit a report to the Director specifying the amount of Recyclable
Material collected within the City,the location(s) from which the Recyclable Material was
collected, and the location(s)to which the Recyclable Material was brought. Such report shall be
kept confidential unless otherwise provided b� law. Failure to submit timely reports shall be a
basis for revocation of the Recyclable Material Collection and Disposal Permit. The Director
shall have the right to audit the records of Persons who have received a Permit pursuant to this
Section. (3560-7/02)
8.21.190 Disposal methods. The City Refuse Collector shall dispose of Refuse in a manner
approved by the Director and consistent with the provisions of this Chapter. (3560-7/02)
8.21.200 Rules and regulations. The Director shall make such rules and regulations as
may be necessary, reasonable, and proper to enforce the provisions of this Chapter. A
copy of any rule or regulation promulgated by the Director shall be provided to the City
Council. (3560aro2)
8.21.210 Appeals. Any person adversely impacted by a ruling of the Director may appeal such
ruling to the City Administrator. The appeal shall be in writing to the City Administrator and
shall set forth the basis of the appeal. The City Administrator, or his designee, shall hold a
hearing on the appeal within thirty (30)days of receipt of the written appeal. The City
Administrator, or his designee, shall render a written decision within thirty (30) days after the
close of the hearing on the appeal by providing it to the appellant by first class mail. The
decision of the City Administrator shall be final. (3560-7/02)
8.21.220 Unauthorized collection prohibited. No person other than the City Refuse Collector
shall scavenge or otherwise remove Refuse or Recyclable Waste Material that has been placed at
the designated collection location. (3560-7/02)
8.21.230 Violation--penalty.
(a) It shall be unlawful for any person to provide Refuse service within the City without the
permission of the Director. (3560-7/02)
(b) It shall be unlawful for any person to utilize Refuse collection service by a Person not
permitted to provide such service by the Director. (3560-7/02)
(c) Any person who violates any provision of this chapter shall be subject to the provisions of
Chapters 1.16 and 1.18 of this Code. (3560-7/02)
(d) The provisions of this chapter shall be enforced by City Police, Code Enforcement
Officers, or by any City department authorized to do so by the City Administrator.
(3560-7/02)
7/02
Huntington Beach Municipal Code 17.02.010-17.02.030(§301.2.1[4])
Chapter 17.02
. UNIFORM ADMINISTRATIVE CODE
(2431-7180,2747-2/85,2763-6/85,2976-12/88,3022-12/89,3147-7/92,3304-12/95,3421-7/99,3572-10/02)
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 Safety 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,
3304-12/95, 3421-7/99, 3572-10/02))
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)
10/02
17.02.030(§301.2.1[51)-17.02.030(§301.2.2[2)) Huntington Beach Municipal Code
5. Retaining walls which do not support over two (2) feet of earth measured from the top of
the footing to the top of the wall, unless supporting a surcharge or impounding flammable •
liquids. (3304-12/95,3572-10/02)
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 U
occupancies when projecting not more than fifty-four(54) inches. (3572-10/02)
11. 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,
3572-10/02)
12. Playground equipment and similar type recreational structures. (3022-12/89,3304-12/95,3572-
10/02)
13. Residential cabinets and counter tops within a dwelling unit. (3147-7192, 3304-12/95,3421-7/99,
3572-10/02)
14. Re-roofing an area smaller than 100 square feet while satisfying all applicable application
requirements. (3304-12/95,3572-10/02)
15. 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.
(3304-12/95,3572-10/02)
16. Residential driveways. (3304-12/95,3572-10/02)
17. New roof penetrations less than 14" by 14" when no framing modifications or additions
are required. (3304-12/95,3572-10/02)
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)
10/02
Huntington Beach Municipal Code 17.02.030(§301.2.2[3])-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.
(2431-7/80,2747-2/85,3304-12/95)
§ 301.2.3. Electrical Permits. An electrical permit shall not be required for the following:
(3304-12/95)
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.
(3304-12/95)
11. The wiring for temporary theater, motion picture or television stage sets. (3304-12/95)
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: (3304-12195)
7/99
17.02.030(§301.2.4(111--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. (3304-12195)
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.
(3304-12195)
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 fora 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 recommenced, 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,
3572-10/02)
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
application by the permittee. Permits shall not be extended more than once. (3421-7/99,3572-10/02)
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 Building Valuation Data as printed in the Buildin;
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
10102
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,
3304-12/95,3421-7/99,3572-10/02)
§ 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 an application every one-hundred and eighty(180) days,
accompanied by a plan review extension fee, established by resolution of the City
Council. (3572-10/02)
(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 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. (3022-12/89,3304-12/95,3572-10/02)
§ 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)
10/02
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. (3421-7199)
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: (3304-12/95,3421-7199)
(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[51)
(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 17.40.010-17.40.050
Chapter 17:40
• MECHANICAL CODE
(1408-5/68, 1628-2/71, 1938-10/74,2172-3/77,2235-12/77,2282-5178,2337-1/79,2431-7/80,2747-2/85,
2976-12/88,3022-12/89,3147-7/92,3312-2/96,3425-7/99,3574-10/02)
Sections:
17.40.010 Adoption
17.40.020 Title
17.40.030 (Repealed- Ord. 3425 - 7/99)
17.40.040 Commercial Kitchen Hoods
17.40.045 Vent Termination
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 2001 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.
(1938-10/74,2172-3/77,2431-7/80,2747-6/85,2976-12/88,3022-12/89,3147-7/92,3312-2/96,3425-7/99,3574-10/02),
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. §509.1 is hereby amended by adding the following
exception: (3574-10/02)
§509.1 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 3500 F. The oven must be listed by an approved testing agency and
approved by the Orange County Health Department. (3147-7/92,3312-2/96,3425-7/99,3574-10/02)
17.40.045 Vent Terminiation. §806.4 is amended to read as follows: (3574-10/02)
806.4 Type B or BW. Type B or BW gas vents with listed vent caps twelve (12) inches (305mm)
in size or smaller shall be permitted to be terminated in accordance with Table 8-1,provided they
are located at least four(4) feet (2438 mm) from a vertical wall or similar obstruction. All other
Type B gas vents shall terminate not less than two (2) feet (610 mm) above the highest point
where they pass through the roof and at least two (2) feet (610 mm) higher than any portion of a
building within ten(10) feet (3048 mm). (3574-10/02)
17.40.050 Operating Permit. §1024 is hereby amended to read as follows: (3574-10/02)
§1024 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. (3574-10/02)
10/02
17.40.060-17.40.060 Huntington Beach Municipal Code
17.40.060 Maintenance Inspection. §1025 is hereby amended to read as follows: (3574-10/02)
§1025 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. (3574-10/02)
10/02
Huntington Beach Municipal Code 17.44.010-17.44.035
Chapter 17.44
PLUMBING CODE
(1409-5/68, 1630-2/71, 1937-10/74,2089-8/76,2282-5/78,2337-1/79,2431-7/80,2747-2/85,2976-12/88,3022-12/89,3147-7/92,
3309-12/95,3426-7199,3575-10/02)
Sections:
17.44.010 Adoption
17.44.020 Title
17.44.025 Toilet facilities for workers
17.44.030 Vent Termination
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 Installation of Gas Piping
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 2001 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 Toilet facilities for workers. §413.7 is hereby amended by adding the following:
§413.7 Toilet facilities for workers. Suitable toilet facilities shall be provided and maintained in a
sanitary condition for the use of workers during construction. 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. (3147-7/92,3575-10/02)
17.44.030 Vent Termination. §517.3 is hereby amended to read as follows:
§517.3 Type B. Type B gas vents with listed vent caps twelve (12) inches (305mm) in size or
smaller shall be permitted to be terminated in accordance with Table 5-3,provided they are located
at least four(4) feet (2438 mm) from a vertical wall or similar obstruction. All other Type B gas
vents shall terminate not less than two (2) feet(610 mm) above the highest point where they pass
through the roof and at least two (2) feet(610 mm)higher than any portion of a building within ten
(10) feet (3048 mm). (3575-10/02)
17.44.035 Materials. Subsection 701.1.2 §701, is hereby amended to read as follows: (3309-12/95,3575-
• 10/02)
§ 701.1.2-ABS and PVC DWV piping installations shall be installed in accordance with IS 5, IS 9
and Chapter 15 "Firestop Protection for DWV and Stormwater Application". Except for individual
single family dwelling units, materials exposed within ducts or plenums shall have a flamespread
indix of not more than 25 and a smoke-developed index of not moir6 than 50,when tested in
Huntington Beach Municipal Code 17.44.035-17.44.095 •
accordance with the Test for Surface—Buring Characterists of the Building Materials (see the
Building Code standards based on ASTM 3-84 and ANSFUL 723).
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. (3147-7/92,3309-12/95,3426-7/99,3575-10/02)
17.44.095 Installation of Gas Piping . § 1211.10 is hereby amended to read as follows: (3147-7/92,
3309-12/95,3575-10/02)
§ 1211.10 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.
10/02
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, 1935-10/74,2173-4177,2276-12/88,2431-7/80,2567-9/82,2787-9/85,
2976-12/88,3022-12/89,3115-6/91,3311-12/95,3428-7/99,3577-11/02)
Sections:
17.48.010 Adoption
17.48.020 Title
17.48.030 (Repealed-Ord. 3428-7/99)
17.48.040 Made and other Electrodes
17.48.050 Articles 345 and 346--Intermediate Metal Conduit and Rigid Metal Conduit
17.48.060 Electrical metallic tubing
17.48.080 (Repealed 2976-12/88)
17.48.090 (Repealed 2976-12/88)
17.48.100 (Repealed 2976-12/88)
17.48.10 Adoption. There is hereby adopted by the City Council by reference that certain code
known as the 2001 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
�. 3311-12/95,3428-7/99,3577-10/02)
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 Made and Other Electrodes. Section 250-52
§250-52(c) Rod and pipe electrodes is amended to read as follows:
250-52(c)Rod and Pipe Electrodes. Rod electrodes shall not be less than 8 ft. (2.44m) in length,
shall consist of the following materials, and shall be installed in the following manner. Pipe
electrodes are prohibited.
(1) Permanent rod electrodes shall be stainless steel. Rod electrodes for temporary
construction power poles may be copper or copper clad.
(2) Electrodes of rods of steel shall be at least 5/8 in. (15.87mm) in diameter. Stainless steel
rods less than 5/8 in. (15.87 mm)in diameter,non ferrous rods, or their equivalent shall
be listed and shall not be less than '/2 in. (12.7 mm) in diameter.
(3) The electrode shall be installed such that at least 8 ft. (2.44m) of length is in contact with
the soil. It shall be driven to a depth of not less than 8 ft (2.44 m) except that, where rock
bottom in encountered, the electrode shall be driven at an oblique angle not to exceed 45
degrees from the vertical or shall be buried in a trench that is at least 2 % ft (762 mm)
deep. The upper end of the electrode shall be flush with or below ground level unless the
aboveground end and the grounding electrode conductor attachment are protected against
physical damage as specified in Section 250-.10. (2787-9/85,2976-1 2/88,3577-11/02)
11/02
Huntington Beach Municipal Code 17.48.060-17.48.060
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. (2787-9185,2976-12/88,3115-6/91,3428-7/99)
17.48.060 Electrical metallic tubing. —.Article 348
348-4(b) Corrosive Protection is hereby amended to read as follows:
§ 348-4(b) Corrosion Protection. Ferrous or non ferrous 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. (1520-9/69,2173-4/77,2431-7/80,2567-9/82,
2787-9/85,2976-12/88,3115-6/91,3428-7/99,3577-11/02)
§348-5 Uses Not Permitted is hereby amended to read as follows:
348.5 Uses Not Permitted. 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 sole 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 2 in. (50.8mm) thick or unless the tubing
is at lease 18 in. (457 mm.) under the fill.
(4) In any hazardous (classified) location except as permitted by Sections 502-4, 503-3, and
504-20.
(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.
(6) In direct contact with the earth.
(1520-9/69,2173-4/77,2431-7/80,2567-9/82,2787-9/85,2976-12/88,3115-6/91,3428-7/99,3577-11/02)
11/02
'l
S
Huntington Beach Municipal Code 8.21.010-8.21.010(e)
Chapter 8.21
REFUSE MANAGEMENT
Sections:
-8.21.010 Definitions
8.21.020 Collection of Refuse and Recyclable Waste Material
8.21.030 Residential Collection Service Charge
8.21.040 Dumping of Refuse prohibited
8.21.050 Occupant responsible for premises
8.21.060 Owner liable for premises
8.21.070 Accumulation prohibited
8.21.080 Storage
8.21.090 Containers and transportation of Refuse—permit
8.21.100 Containers—location
8.21.110 Container—interference
8.21.120 Container—improper substances
8.21.130 Container—removal
8.21.140 Collection—manner
8.21.150 Residential Refuse Collection
8.21.160 Commercial Collection Service
8.21.170 Special Collections—excluded Refuse
8.21.180 Collection of Recyclable Material
8.21.190 Disposal methods
8.21.200 Rules and regulations
8.21.210 Appeals
8.21:220 Unauthonzed.collection prohibited
8.21.230 Violation penalty.
8.21.010 Definitions. The following definitions shall apply in the interpretation and
enforcement of these regulations: (3560-7/02)
(a) "Adequate Service"means the combination of the number of collections,the number of
Containers, and the size of Containers necessary so as not to cause the accumulation of
Refuse outside Containers or in excess of Level Full. (3560-7/02)
(b) 'Basic Level of Service" means,with respect to Residential Collection Service,that level
of Collection and disposal service necessary to provide Adequate Service for the
collection of Refuse generated by each single family residence, and each dwelling unit
within a duplex, a triplex, or a fourplex, as specifically provided in any given contract
between the City and any person for collection of such Refuse, or as provided by
resolution of the City Council, excluding Refuse or substances excluded from collection
by regulation of the Director or by contract,as hereinafter provided,Refuse capable
thereof which has-not been placed in Containers or bundles within the weight and size
limits hereinafter set forth for Containers or bundles, and any unit of Refuse which
exceeds four feet in length or which exceeds forty pounds in weit. Basic Level of
Service, with respect to Commercial Collection Service,means t at level of collection
and disposal service necessary to provide Adequate Service. (3560-7/02)
(c) "City Refuse Collector" means any Person either employed by or under contract with the
City to provide removal, transportation, processing, and disposition of Refuse from
residents and users of premises within the City. (3560-7/02)
(d) "Collection" means the pickup, removal, and transportation of Refuse by any Person
authorized to do so by the City. (3560-7/02)
(e) "Commercial Collection Service" means the collection of Refuse from all property within
the City excluded from Residential Collection Service, or properties subject to
Residential Collection Service which choose to utilize Commercial Collection Service.
(3560-7102)
7/02
8.21.010(f)-8.21.010(r) Huntington Beach Municipal Code
(fJ "Container"means any vessel, tank,receptacle, dumpster, box or bin used or intended to
be used for the purpose of holding any Refuse, Recyclable Material, and Recyclable
Waste Material. Commercial Containers utilized in Commercial Collection Service
include all types of Containers, whereas Residential Containers utilized in Residential
Collection Service shall not include dumpsters or bins. .(3560-7/02)
(g) "Corporation"means corporations,partnerships, and all business enterprises, associations
or organizations, however designed. (3560-7/02)
(h) "Director" means the Huntington Beach Director of Public Works or his authorized
representative. (3560-7/02)
(i) "Hazardous Waste"means a waste, or combination of wastes,which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may a) cause,
or significantly contribute to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; or b)pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed. (35660-7/02)
(j) "Level Full"means the amount of Refuse deposited in a Commercial Container so that it
shall not exceed the lowest top edge of the Container and still allow the lid of the
Container to be completely closed. (3560-7/02)
(k) "Non-combustible Refuse"means ashes,bottles, broken crockery, glass, tin cans and
metallic substances or any other substances that will not incinerate through contact with
flames of ordinary temperature. (3560a/02)
(1) "Person" means any individuals firm,governmental unit, organization, partnership,
corporation, company or other entity. (3560-7/62)
(m) "Processing"means reduction, separation,recovery, conversion or recycling of Refuse.
(3560-7/02)
(n) "Recyclable Material'means materials which are segregated at the source from other
Refuse for the purpose of Recycling and includes,but is not limited to, paper, glass,
metals, wood, plastics,wastes,bulky goods,waste oil, and construction and demolition
materials and which is sold by the owner thereof to a third party. (3560-7/02)
(o) "Recyclable Material Collection"means the collection, transportation, storage, transfer,
or processing of Recyclable Materials. (3560-7/02)
(p) "Recyclable Waste Material"means discarded materials such as,but not limited to,
newspapers,glass and metal cans,which are separated from other Refuse for the purpose
of Recycling and which are not sold to a third party. (3560-7/02)
(q) "Recyclable Waste Material Collecting"means the collection,transportation, storage,
transfer, or processing of Recyclable Waste Material. (3560-7/02)
(r) "Recycling"means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise be disposed of by landfilling or
transformation, and returning materials to the economic mainstream in the form of raw
material for new, reused, or reconstituted products. (3560-7/02)
7/02
• Huntington Beach Municipal Code 8.21.010(s)-8.21.030
(s) "Refuse" means all putrescible and non-putrescible solid, and semisolid wastes, including
garbage, trash,refuse,paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered,treated, or chemically fixed sewage sludge which is not Hazardous
Waste,manure,vegetable or animal solid or,semi-solid wastes, and other discarded solid
or semi-solid wastes, but not including Hazardous Waste,radioactive waste regulated
pursuant to the State Radiation Control Law, untreated medical waste regulated pursuant
to the State Medical Waste Management Act, and liquid waste. Recyclable Waste
Material is considered Refuse for purposes of this Chapter. Materials that are sold or
donated by the owner thereof to a third party, and thereafter recycled, are not considered
Refuse for purposes of this Chapter. The term"Refuse"shall be synonymous with the
term"solid waste" as used in the Integrated Waste Management Act,Public Resources
Code §40000, et seq. (3560-7/02)
(t) "Refuse Collection"means the collection, transportation, storage,transfer, disposal, or
processing of Refuse. (3560-7/02)
(u) "Residential Collection Service"means the collection of Refuse from each single-family
residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving
noncommercial Refuse Collection Service. It shall not include any hotel,motel, lodge,
hall, club,tourist camp, trailer camp,mobilehome park, church,business or industrial
establishment, or any lot containing more than four dwelling units. (3560-7102)
8.21.020 Collection of Refuse and Recvclable Waste Material.
(a) The collection of Refuse and Recyclable Waste Material shall be performed exclusively
by the City Refuse Collector. The City Council may regulate,.by ordinance or resolution,
all aspects of the Residential Refuse Service and the Commercial Refuse Service,
including,but not limited to,frequency of collection, means of collection and
transportation, level of services, charges, fees, and nature, location, and extent of
providing such Services. (3560-7/02)
(b) Any other provision of this Code to the contrary notwithstanding,the City may enter into
contracts with responsible persons for the collection of Refuse within the City utilizing
such procurement procedures and upon such terms and conditions as are deemed
appropriate by the City Council. (3560-7/02)
(c) In the event of an emergency or other unforeseen or unpreventable circumstances
in which the City Refuse Collector is unable to maintain Refuse Collection
Services, the City Administrator may issue limited or temporary permits for a
period not to exceed thirty(30) days to persons or corporations to perform any of
the services covered by this Chapter. Any service beyond thirty(30) days shall be
approved by the.City Council.- .(3560-7/02)
8.21.030 Residential Collection service charge. There shall be a charge for Residential
Collection Service which rates shall be established from time to time by resolution of the City
Council. Such charge shall apply to persons occupying single-family dwellings, and each
dwelling unit within a duplex, a triplex or a fourplex. A dwelling shall be deemed occupied if
connected to an active water service. This charge shall not apply to persons occupying
residential units such as apartments, mobilehome parks, or other multi-family complexes,who
are currently contracting directly with the City Refuse Collector. (3560-7/02)
Any person receiving Residential Collection Service who is sixty-two years of age or older shall
be exempt from the charge imposed by this section 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 in the City's Department of Economic Development, for the
calendar year prior to the fiscal year(July 1 through June 30) for which the exemption provided
by this chapter is applied. (3560-7/02)
7/02
i
8.21.040-8.21.090 Huntington Beach Municipal Code
8.21.040 Dumping of Refuse prohibited. It shall be unlawful for any person to cast, deposit,
place, sweep, throw, discard or leave any Refuse or cause such Refuse to be cast,deposited,
swept,placed, thrown, discarded or.left in any place,public or private, within the.City,without
the express permission of the owner of the premises.. (3560-.7/02)
8.21.050 Occupant responsible for premises. Every person occupying, using or controlling any
premises shall keep the premises in a clean and sanitary condition, and no person shall permit
any Refuse, sewer effluent,excrement, slop or stagnant water,butcher offal,market refuse,dead
animal or any other noxious or offensive matter of any kind, or any other substance that may
become offensive,to be deposited or to remain thereon except as otherwise provided by law.
(3560-7/02)
8.21.060 Owner liable for premises. The owner of any premises shall be liable for the costs to
the City for the enforcement of any provision of this Chapter. (3560-7/02)
8.21.070 Accumulation prohibited.No person occupying, using or controlling any premises
shall permit any Refuse to accumulate thereon, nor shall any such person maintain any
accumulation of Refuse thereon, unless in either event the same is stored in a manner approved
by the Director or by law. It shall be unlawful for any person to dump, deposit,place or bury
Refuse in or upon any lot, land, street, or alley,whether public or private, nor throw such Refuse
in any creek, stream, water or water way within the City. Any unauthorized accumulation of
Refuse on any premises is hereby prohibited and declared to be a nuisance. (3560-7/02)
8.21.080 Storage.
(a) Refuse shall be stored in a Container of a type approved by the Director. Every such
Container shall be constructed of metal,,plastic, or equally durable material, in such •
manner as to be strong,watertight, not easily corrodible, fly proof, and rodent proof.
Such Container shall have handles or other attachments designed for and capable of
lifting, and shall be kept covered at all times, except when Refuse is being deposited or
removed from such container. Commercial Containers shall be kept in a Level Full
condition. The cover shall completely and tightly close the Container so as to render it fly
and rodent proof and so that no Refuse may be visible. A sufficient number of Containers
shall be provided for the Basic Level of Service, in order to insure that all Refuse is
contained within completely covered Containers until such time as the Refuse is
collected. (3560-7/02)
(b) Refuse shall be stored in such a manner that it will not provide harborage to rats,nor
cause a fire hazard. (3560-7/02)
(c) Sturdy, grease-resistant, water proof, nonreturnable, plastic bags which are
specifically designed for garbage and Refuse may be used for Residential
Collection Service provided that each bag has a capacity not to exceed thirty-two
(32) gallons and shall not weigh more than sixty(60)pounds when filled and the
opening is secured so that contents cannot be removed, spilled or seen, and the
weight does not cause the bag to tear when handled. Such bags shall comply with
all of the requirements of subsections (a) and(b) except for the requirements of
handles and covers. Residential Collection Service may include tree trimmings
and other similar matter which shall be tied in bundles measuring not more than
four feet long and weighing not more than forty pounds. (3560-7102)
8.21.090 Containers and transportation of Refuse--permit. No Person other than the City
Refuse Collector shall transport Refuse or Recyclable Material in a conveyance or Container that
has not been approved by the Director. Such Persons shall obtain a permit from the Director,
which shall be prominently displayed on such conveyance or Container. All vehicles and
Container used in collecting and transporting Refuse or Recyclable Material shall be provided
with metal bodies so constructed as to be leakproof and to prevent the escape of offensive odors
and loss, spillage or blowing away of any contents collected or transported within the City. Such
vehicles and Containers shall be thoroughly cleaned to eliminate odors and decayed materials.
(3560-7/02)
7102
Huntington Beach Municipal Code 8.21.100-8.21.130(c)
8.21.100 Containers--location. Property owners and tenants are each responsible for the
placement of Residential Contamers and any accumulation of Refuse which is for collection, and
which shall be kept or placed in such a manner as not to be visible from any street or alley,
whether public or private, except from noon on the day preceding collection to 10 p.m. on the
day of collection. During the period of collection, Containers and any accumulation of Refuse
shall be placed,outside of any enclosures, no later than 6:30 a.m., as follows,unless otherwise
directed by the Director: (3560-7/02)
(a) On alley. On the premises, at the rear property line,where there is a through alley in the
rear of the premises; (3560-7/02)
(b) Access from side entrance. On the premises at an accessible point adjacent to any side
entrance thereto where no through alley exists; (3560-7/02)
(c) At curb. At the curb in front of the premises,where no through alley or side entrance
exists. (3560-7102)
8.21.110 Container--interference.No person except the owner thereof,his agent or employee,
a duly authorized City employee, or any employee of the City Refuse Collector, shall interfere in
any manner with any Container, or any accumulation of Refuse which is placed for Collection,
nor shall any person remove such Container or accumulation from the location where it shall
have been placed by the owner,his agent or his employee. (3560-7102)
8.21.120 Container--improper substances.No person shall place or cause or permit to be
placed in any Container any substance or material other than Refuse as defined in this Chapter.
Large items included in the definition of refuse, exceeding four feet (4')in length or.forty(40)
• Vounds in weight, shall not be placed in refuse containers.Persons wishing to dispose of such
large items shall inform the City Refuse Collector and make special arrangements to have the
items removed. The City Refuse Collector may levy a charge for removal of such items under a
schedule and formula to be uniformly applied,based on weight and size of the items, which
formula and schedule shall have been approved by the Director. The City Refuse Collector shall
not be required to collect Hazardous Waste. (3560-7/02)
8.21.130 Container—removal.
(a) The Director may cause to be posted a notice on any Container which does not display a
permit issued pursuant to Section 8.21.090, or on any Container illegally placed on public
or private property. The notice shall specify the nature of the violation and shall state that
the Container must be removed within twenty-four(24)hours or it may be removed and
stored by the City, and the contents disposed of, at the expense of the owner thereof. The
posting of a notice to remove shall constitute constructive notice to the owner and user of
the requirement to remove the Container. (3560-7/02)
(b) If the Container is not removed within twenty-four(24)hours after the notice to remove
is posted, the Director may order the removal and storage of the Container and the
disposal of its contents. The owner of the Container shall be responsible to the City for
the actual cost of removal, storage, and disposal. All amounts due to the City for the cost
of removal, storage and disposal shall be paid before the Container is returned to the
owner. Such amounts shall constitute a debt owed by the owner to the City, and the
owner shall be liable to the City in an action brought by the City for the recovery of such
amounts. (3560-7/02)
(c) If the identity of the owner of a Container that has been removed by the City is known to
the Director, the Director shall promptly cause notice to be mailed to the owner to claim
the stored property. If the Container is not claimed within ninety(90) days after removal
and notice to the owner, or ninety(90) days after removal if the identity of the owner is
unknown to the Director, the Container and its contents shall be deemed abandoned
property and may be disposed of accordingly. (3560-7/02)
7/02
8.21.140-821.170(d) Huntington Beach Municipal Code
8.21.140 Collection—manner. The owner, occupant, tenant or lessee of any premises
shall provide or cause to be provided, Basic Level of Service for the removal of Refuse
from said premises. Properties utilizing Commercial Collection Service shall provide
Adequate Service. The City Refuse Collector shall remove from the premises all Refuse
which has been Properly placed for collection, whenever such Refuse is.of a type and in
an amount provided by contract with the City. Any removal of Refuse by the City Refuse
Collector,or any person shall be performed in a neat, orderly and quiet fashion,without
causing damage to the Container or the lid. Any spilled matter shall be picked up by the
person responsible for the spillage, and the premises shall be left in a clean and orderly
condition. Overfilled Containers of Refuse creating accumulations of Refuse in or at the
pickup site, shall be the responsibility of the premises owner for clean up. The security
and proper Level Full Container shall be the responsibility of the premises owner. All
additional collection of any type of Refuse that does not fit into a Container or causes an
overfull Container shall be the responsibility of the Premises owner along with any
additional costs for removal or extra collection services. Refuse lawfully placed for
collection shall be the property of the City of Huntington Beach from the time of
placement until the time of collection and shall become the property of the City Refuse
Collector from the time of collection to the time of disposal. (3560-7/02)
8.21.150 Residential Refuse Collection. The City Refuse Collector shall operate and maintain
Residential Refuse Collection in the City by providing the Basic Level of Service on a regularly
scheduled basis, approved by resolution of the City Council, not less frequently than once each
week. The Director may by regulation exclude from such service any item or substance deemed
hazardous, obnoxious or otherwise inappropriate for such service. (3560-7/02)
8.21.160 Commercial Collection Service.Persons owning or operating premises utilizing
Commercial'Collection Service shall contract with the City Refuse Collector for the provision of
the Basic Level of Service. The Director may,by written order, require the owner and/or
manager of any Premises subject to Commercial Collection Service to provide Adequate Service
to the premises in question. (3560-7/02)
8.21.170 Special Collections--excluded Refuse.
(a) Refuse exceeding the limitation set forth in this Chapter may be scheduled for special
Collection either at regular special Collection dates or by arrangement with the City
Refuse Collector. (3560-7/02)
(b) The City Refuse Collector shall make available Containers and drop-off bodies,provide
additional collections not required by this Chapter, pick up Refuse at points other than as
required in this Chapter or provide for the collection of greater volumes of Refuse per
collection than required in this Chapter, any or all of these additional services at the
request of the person or business being served. The City Refuse Collector may make a
direct charge in each instance for such additional service under a written agreement which
shall be subject to the approval of the Director and at such rates as are reasonable,just
and uniform for all persons or businesses being served. All such direct charges shall be
collected by the City Refuse Collector. (3560-7/02)
(c) The removal of wearing apparel, bedding or other refuse from homes,hospitals, or other
places where highly infectious or contagious diseases have prevailed, shall be performed
under the supervision and direction of the County Health Officer, and such Refuse shall
neither be placed in Containers nor left for regular Collection and disposal. (3560-7102)
(d) Highly inflammable or explosive or radioactive Refuse shall not be placed in Containers
for regular Collection and disposal, but shall be removed under the supervision of the Fire
Chief at the expense of the owner or possessor of the material. (3560-7/02)
7/02
Huntington Beach Municipal Code 8.21.270(e}-8.21.230(d)
• (e) The Director may, by written permit, authorize provision of bins and drop-off bodies if
the City Refuse.Collector fails to provide such service within five (5) calendar days after
a customer order and such service is not thereafter provided within forty-eight (48)hours
after notice to the City Refuse Collector of such failure by the Director. (3560-7/02)
8.21.180 Collection of Recyclable Material. Persons collecting Recyclable Material within the
City shall,in addition to obtaining a business license,obtain a Recyclable Material Collection
and Disposal Permit from the Director prior to commencing such collection and annually
thereafter. Persons operating under such a Permit shall, on a quarterly basis or at such times as
determined by the Director, submit a report to the Director specifying the amount of Recyclable
Material collected within the City, the location(s) from which the Recyclable Material was
collected, and the location(s) to which the Recyclable Material was brought. Such report shall be
kept confidential unless otherwise provided by law. Failure to submit timely reports shall be a
basis for revocation of the Recyclable Material Collection and Disposal Permit. The Director
shall have the right to audit the records of Persons who have received a Permit pursuant to this
Section. (3560-7/02)
8.21.190 Disposal methods. The City Refuse Collector shall dispose of Refuse in a manner
approved by the Director and consistent with the provisions of this Chapter. (3560-7/02)
8.21.200 Rules and regulations. The Director shall make such rules and regulations as
may be necessary,reasonable, and proper to enforce the provisions of this Chapter. A
copy of any rule or regulation promulgated by the Director shall be provided to the City
Council. (3560-7/02)
8.21.210 Appeals. Any person adversely impacted by a ruling of the Director may appeal such
ruling to the City Administrator. The appeal shall be in writing to the City Administrator and
shall set forth the basis of the appeal. The City Administrator, or his designee, shall hold a
hearing on the appeal within thirty(30) days of receipt of the written appeal. The City
Administrator, or his designee, shall render a written decision within thirty(30) days after the
close of the hearing on the appeal by providing it to the appellant by first class mail. The
decision of the City Administrator shall be final. (3560-7102)
8.21.220 Unauthorized collection prohibited. No person other than the City Refuse Collector
shall scavenge or otherwise remove Refuse or Recyclable Waste Material that has been placed at
the designated collection location. (3560-7/02)
8.21.230 Violation--penalty.
(a) It shall be unlawful for any person to provide Refuse service within the City without the
permission of the Director. (3560-7102)
(b) It shall be unlawful for any person to utilize Refuse collection service by a Person not
permitted to provide such service by the Director. (3560-7/02)
(c) Any person who violates any provision of this chapter shall be subject to the provisions of
Chapters 1.16 and 1.18 of this Code. (3560-7/02)
(d) The provisions of this chapter shall be enforced by City Police, Code Enforcement
Officers, or by any City department authorized to do so by the City Administrator.
(3560-7/02)
7/02
Huntington Beach Municipal Code 17.02.010-17.02.030(§301.2.1[41)
Chapter 17.02 0 �4
• UNIFORM ADMINISTRATIVE CODE S
(2431-7/80,2747-2/85,2763-6/85,2976-12188,3022-12/89,3147-7/92,3304-12/95,3421-7/99) CAN
�,
Sections: W'�/
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 knoNvn 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 Safety 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 NN7th 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. (3304-12195,3421-7/99)
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. (2976-12/88,3304-12195)
7/99
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. (3304-12/95)
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. (3022-12/89,3304-12195)
13. Playground equipment and similar type recreational structures. (3022-12189,3304-12/95)
14. Residential cabinets and countertops 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. (3304-12/95)
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. Plumbin.,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[3]-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.
(2431-7/80, 2747-2/85, 3304-12/95)
§ 301.2.3 Electrical Permits. An electrical permit.shall.not be required for the following:
(3304-12/95)
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. (3304-12195)
3. Temporary decorative lighting. (3304-12/95)
4. Repair or replacement of current-carrying parts of any switch, contactor or control device.
(3304-12195)
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.
(3304-12/95)
11. The wiring for temporary theater,motion picture or television stage sets. (3304-12/95)
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)
11 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
17.02.030(§301.2.4[1]--17.02.040(§304.2) Huntington Beach Municipal Code
1. Any portable heating appliance. (3304-12195)
0
2. Any portable ventilating equipment. (3304-12/95)
3. Any portable cooling unit. (3304-12195)
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. (3304-12195)
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.
(3304-12195)
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. (3304-12195)
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 fora period of 180 days. Work shall bo.consideredsuspended 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. (3421-7/99)
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[l])
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=12189,3147-7192,3304-12195)
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. (3304-12195)
§ 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 beset.
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)
7/99
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. (3421-7199)
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 30.9 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: (3304-12/95,3421-7199)
(1) The building official has determined that no substantial hazard exists to life or property. (3421-7199)
(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.. (2431a(80.2747-2/85,3421-7/99)
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/Eo,2747-2/85,3421-7/99)
7/99
Huntington Beach Municipal Code 17.40.010--17.40.060
Chanter 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 CCod e §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.
(1938-10/74,2172-3177,2431-7/80,2747-6/85,2976-12/88,3022-12/89,3147-7/92,3312-2/96,3425-7/99)
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." (1408-5/69,'1628-zR1, 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 3500 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
S�
Huntington Beach Municipal Code 17.44.010-17.44.095
Chapter 17.44
PLUMBING CODE
(1409-5/68, 1630-2/71, 1937-10/74,2089-8/76,2282-5/78,2337-1/79,2431-7/80,2747-2/85,2976-12/88,3022-12/89,3147-7/92,
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. (1937-1on4,2089-8/76,2431-7/80,2747-2/85,2976-12/88,
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, 1937-10174,2431-7/80,
2747-2/85,2976-12/88)
17.44.025 Disposal of liguuid 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 17.48.010-17.48.060
Chapter 17.48
• ELECTRICAL CODE S
(1520-9/69, 1671-10/71, 1674-10171, 1742-4/72, 1750-6/72,1935-10/74,2173-477,2276-12/88,2431-7/80,2567-9/82,2787-9185,
2976-12/88,3022-12189,3115-6/91,3311-12/95,3428-7/99)
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. (2787-9/85,2976-12188)
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. (2787-9185,2976-12/88,3115-6/91,3428-7/99)
17.48.060 Section 348-1 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 mm)
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.
7199
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.
(1520-9/69,2173-4/77,2431-7180,2567-9/82,2787-9/85,2976-12/88,3115-6/91,3428-7/99)
•
r
7/99
t
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
Effective November, 2002
Please Remove from Code Please Add to Code
Table of Contents Table of Contents
Chapter 2.07 Chapter 2.07
Title 9 Title 9
Chapter 14.55 Chapter 14.55
Title 17 Title 17
Chapter 17.04 Chapter 17.04
Chapter 17.46 Chapter 17.46
Chapter 17.56 Chapter 17.56
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 Dale Jones, Deputy City Clerk, Records Division
(714) 374 1632
Municipal j Code is' :on`the Internet a
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
HUNTINGTON BEACH=1VItlNICIPAL CODE gab $r
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
1.18 Administrative Citations
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
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 Building & Safety
2.33 Department of Planning
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
10/02 1
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
5.44 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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.71 Escort Service
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
7/02 ii
TITLE 8
TITLE 8-HEALTH AND SAFETY
8.04 Food Handling Establishments
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.21 Refuse Management
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
11/02 111
TITLE 10 (Continued)
10.32 Movement of Overloads
10.36 Stops and Yields
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
10.84 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
12101 1V
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 Uniform Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Huntington Beach 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 Area of Benefit Districts
17.72 Covenants of Easement
TITLE 18 - RESERVED
10/02 v
Huntington Beach Municipal Code 2.07.010--2.07.040(a)
CHAPTER 2.07
CAMPAIGN REFORM
(2507-11/81, 2721-10/84,2818-3186, 3220-1/94, 3452-3/00,3580-10/02)
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)
2.07.040 Definitions.
(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)
10/02
2.07.040(b)--2.07.060(b)(4) Huntington Beach Municipal Code
(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.
(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, provided that if the persons or committee accepts contributions in
excess of said amounts, it shall not make expenditures in excess of the number of
contributors multiplied by the contribution limit. 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, 3580-10/02)
(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)
10/02
e
Huntington Beach Municipal Code 2.07.060(c)--2.07.070(b)Example 3(2)
(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)
(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.
(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.
1/94
2.07.070(b)Example 3(3)--2.07.100(a) Huntington Beach Municipal Code
(3) January 1, 1993, began the election cycle for the 1996 election.
(4) December 31, 1996, ends the election cycle for the 1996 election.
(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.
(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.
(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)
1/94
Huntington Beach Municipal Code 2.07.100(b)--2.07.130(b)(1)
(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)
(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.
(3220-1/94)
2.07.130 Transmittal of campaign contributions in city office buildings.
(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)
1/94
2.07.130(b)(2)--2.07.180(c) Huntington Beach Municipal Code
(2) "Receive" includes the precept of a campaign contribution delivered in person. (3220-1/94)
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.
(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.
(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
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 Iniunctive 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 Beach City Charter Section 500(e)(1). (3220-1/94)
1/94
Huntington Beach Municipal Code Title 9 Index
Title 9
PUBLIC PEACE,MORALS AND WELFARE
Chapters:
9.04 Interference with Police
9.06 Prohibited Activities
9.07 Aerial Advertising Prohibited (Repealed EMG 3593-11/02)
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
9.56 (Repealed, 2154-2/77)
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
11/02
Huntington Beach Municipal Code 14.55.010- 14.55.020
Chanter 14.55
RATES, CHARGES,ANNUAL CPIU ADJUSTMENT,AND BILLING
METHODOLOGY FOR THE SEWER SERVICE USER CHARGE
(3505-10/01,3570-10/02)
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. (3505-10/01)
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. (3505-10/01)
Customer Category Charge Type Charge
Residential - Single- Flat charge - Same amount for all $6.1172 per
family and townhouses customers in category. Calculated unit per
served by individual and billed monthly via the Utility month
meters. Billing System. (3570-10/02)
Apartment - All Flat charge - Same amount for all $5.0742 per
apartments, mobile customers in category. Calculated unit per
homes, and townhouses and billed monthly via the Utility month
served by common Billing System. (3570-10/02)
water meters.
Regular Flat rate - Same dollar amount per $7.0993 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 (3570-10/02)
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 $1.3284 per
Commercial/Industrial - cubic feet(HCF) of estimated sewer HCF per year
Businesses with high discharge. Calculated and billed (3570-10/02)
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 $1.9537 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 $1.2582 per
and billed annually through the ADA per year
Cit 's Accounts Receivables System. (3570-10/02)
10/02
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. (3505-10/01)
(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. (3505-10/01)
12/01
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 Uniform Swimming Pool, Spa and Hot Tub Code
17.48 Electrical Code
17.56 Huntington Beach Fire Code
17.58 Hazardous Materials
17.60 Solar Energy Code
17.64 Undergrounding of Utilities
17.65 Fair Share Traffic Impact Fee
17.66 Library Development Fee
17.68 Area of Benefit Districts
17.72 Covenants of Easement
10/02
Huntington Beach Municipal Code 17.04.010--17.04.070
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.3006-6/89,3004-8/89,3022-12189,3147-7/92,3260-11/94,3261-11/94,
3305-12/95,3422-7/99,3573-10/02)
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 §1900.4.4 amended--Minimum Slab Thickness
17.04.064 (Repealed, Ord 3573-10/02)
17.04.070 §904.2 amended--Automatic Fire-extinguishing Systems
17.04.075 (Repealed, Ord 3422-7/99)
17.04.080 Chapter 36 added--Building security
17.04.085 Methane District Regulations
17.04.090 Amendments to appendices
17.04.095 Appendix Chapter 15, §1516
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 2001 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. (375-8/34,530-5/48,592-12/52,869-9/61, 1064-7/64, 1139-5/65, 1331-7/67, 1626-2/71,2027-1/76,
2431-7/80,2747-2/85,2976-12/88,3022-12/89,3147-7/92,3305-12/95,3422-7/99,3573-10/02)
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-W 1.4 x W 1.4 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)
17.04.070 4 904.2 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)
10/02
17.04.070(§904.2.1)--17.04.080(§3605[b](2)) Huntington Beach Municipal Code
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.
(b) Swinging 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.
7/99
Huntington Beach Municipal Code 17.04.080(§3605[b](3))--17.04.080(§3606[c])
(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 maybe
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)
§ 3606. Windows, or other openings. (3422-7/99,3573-10/02)
(a) General. Windows, or other similar openings shall be constructed, installed and secured as
set forth in this section. (2976-12/88,3022-12/89,3422-7/99,3573-10/02)
(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. (3305-12/95)
(c) Locking devices. All windows or other openings which are designed to be opened shall be
provided with locking devices. (3305-12/95,3573-10/02)
10/02
17.04.080(§3608)--17.04.085(§5503) Huntington Beach Municipal Code
§ 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,
2456-11180,2747-2/85,2787-9/85,3022-12/89,3305-12/95,3422-7199)
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. PuKpose. This Division 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 System 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.
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 En ig_neer 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.
7/99
Huntington Beach Municipal Code 17.04.085(§5503)--17.04.085(§5510)
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.
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)
7/ss
17.04.090--17.04.095 Huntington Beach Municipal Code
17.04.090 Amendments to appendices. The Building Code is hereby amended by deleting
from the appendices Chapter 3-Div. I, III & IV, 4, 9, 10, 11, 12-Div. I &II, 13, 16 -Div. I, II, &
III 19, 21, 23, 29, 30, 33, 34- Div. I & II. (2431-7/80,2747-2/85,2976-12/88,3022-12/89,3147-7/92,3261-11/94,
3305-12/95,3422-7/99,3573-10/02)
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)
10/02
Huntington Beach Municipal Code 17.46.010--17.46.050(a)
Chapter 17.46
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
(3147-7/92,3310-12/95,3427-7/99,3576-10/02)
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)
Swimming Pool - A swimming pool is any body of water having a depth exceeding eighteen(18)
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. (3147-7/92,3576-10/02)
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)
10/02
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,
or protrusions closer than forty-five (45") inches apart vertically, horizontally, or from top
of wall, except for tooled masonry joints. (3147-7/92,3576-10/02)
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)
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: (3427-7/99)
§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. (3427-7199)
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)
10/02
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)
7/99
Huntington Beach Municipal Code 17.56 Index
Chapter 17.56
HUNTINGTON BEACH 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,
2480-7/80,2638-9/83,2865-11/86,3020-12/89,3174-1/93,3317-1/96,3430-7/99,3571-10/02)
Sections:
17.56.010 Adoption
17.56.015 Definition
17.56.020 CFC Section 103.1.4 Amended Appeals
17.56.025 CFC Section 105 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 CFC Section 209-H Amended ADD HIGH RISE
17.56.042 ADD AMENDMENT to CFC Section 902.2, 902.2.1 Required access
17.56.045 CFC Section 902.2.2.1 Amended Fire Apparatus Access Dimensions
17.56.046 CFC Section 902.4 Amended Key Boxes/Gates
17.56.047 ADD AMENDMENT to CFC Section 902.2.4.1 General
17.56.050 CFC Section 1003 Amended Fire Extinguishing Systems
17.56.055 CFC Section 1003.2.2 Automatic Fire Extinguishing Systems
17.56.060 CFC Section 1003.4 Permissible Sprinkler Omissions
17.56.065 CFC Section 1004 Amended Standpipes TABLE 1004-A
17.56.067 ADD AMENDMENT to CFC Section 5102.2.2.1 Semiconductor Fabrication
Facilities-Storage-Aggregate Quantities
17.56.068 ADD AMENDMENT to CFC Section 5103.2.2.1 Semiconductor Fabrication
Facilities-Use and Handling-Aggregate Quantities
17.56.070 Repealed-- Ord. 3317-1/96
17.56.075 CFC Section 5202.4.1 Amended Aboveground Fuel Tanks
17.56.080 CFC Section 5202.4.5 Dispensing Supervision
17.56.085 CFC Section 6106.3 Portable Unvented Oil-Burning Heating Appliances
17.56.086 ADD AMENDMENT to CFC Section 7503.1.3.7 Testing
17.56.087 CFC 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 CFC Section 7902.2.2.1 Locations Where Aboveground Tanks Are Prohibited
17.56.100 CFC Section 7902.6.3 Location of Underground Fuel Tanks
17.56.105 CFC Section 7902.6.10 Tank Lining
17.56.110 CFC Section 7903.2.1.4 Heating, Cooking, and Lighting Devices
17.56.115 CFC Section 7903.2.3.4 Mechanical Ventilation
17.56.120 CFC Section 7904.3.2.3 Oil Well Drilling and Operation
17.56.125 Repealed-- Ord. 3317-1/96
17.56.130 CFC Section 7904.3.4.2 Amended Sumps
17.56.135 CFC Section 7904.3.10 Huntington Beach Oil Code
17.56.140 CFC Section 8001.3.2 Hazardous Materials Management Plan
17.56.145 CFC Section 8001.3.3 Amended Hazardous Materials Inventory Statement
17.56.150 Repealed-- Ord. 3430-7/99
17.56.155 CFC Section 8001.5.2.2 Notification
17.56.160 Repealed-- Ord. 3430-7/99
17.56.165 CFC Section 8001.5.2.5 Responsibility For Clean-up (Soil Spec.)
10/02
17.56.010--17.56.025 Huntington Beach Municipal Code
17.56.170 CFC Section 8001.7 Identification Signs
17.56.175 CFC Section 8001.11.00 Spill Control, Drainage Control, and Secondary Containment
17.56.180 CFC Section 8001.15.1 Exempt amounts
17.56.182 CFC Section 8003.1.2 Hazardous Materials Signs
17.56.184 CFC Section 8003.1.5 Maximum Quantity Hazardous Materials On Site
17.56.185 Repealed-- Ord. 3430-7/99
17.56.190 CFC Section 8004.1.1 Applicability
17.56.192 UFC Section 8004.1.9 Hazardous Materials Signs
17.56.195 CFC Section 8102.10.2 High Piled Stock Aisle Width
17.56.200 CFC Appendix I-A Life safety requirements for existing buildings other than high
rise
17.56.205 CFC Appendix I1-C Marinas
17.56.210 CFC Appendix H-E Hazardous Materials Management Plan and Hazardous
Materials Inventory Statement
17.56.220 CFC Appendix II-K 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 California Fire Code, including Appendices I-A, I-B, I-C,
II-A, II-C, II-D, II-E, II-K, II-H, II-J, III-A, III-C, and IV-A and amendments thereto, published by
Western Fire Chiefs Association and the California Building Standards Commission, being
particularly the 2001 edition thereof(hereinafter CFC) and the Uniform Fire Code, 2000 edition,
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 CFC 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,
3020-12/89,3174-1/93,3317-1/96,3430-7/99,3571-10/02)
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. 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 CFC
Section 103.4.4 or CFC Section 8001.5.2.5. (1414-6/68, 1900-3/74,2188-6/77,2430-7/80,2638-9/83,2865-11/86,
3020-12/89,3430-7/99,3571-10/02)
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)
10/02
Huntington Beach Municipal Code 17.56.040--17.56.050
17-56.040 CFC Section 209-H 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,
3571-10/02)
17.56.042 CFC Section 902.2.1,Amended Fire Apparatus Access. All private streets and
accessways into or within the jurisdiction are hereby designated as fire department access roads.
Fire Apparatus access roads shall be provided in accordance with sections 901 and 902.2 for
every residential, commercial and industrial development, facility, building or portion of a
building hereafter constructed or moved into within the jurisdiction when any portion of the
development, facility building or any portion of an exterior wall of the first story of the building
is located more than 150 feet(45 720 MM) from the fire apparatus access as measured by an
approved route around the exterior of the development, facility or building. Also see Section
902.3 for personnel access to the building. (3571-10/02)
17.56.045 CFC Section 902.2.2.1 Fire Apparatus Access Dimensions. (3317-1/96,3571-10/02)
(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.
(3317-1196)
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 CFC Section 902.4 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 4403) 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. (3317-1/96,3430-7/99,3571-10/02)
17.56.047 CFC Section 902.2.4.1,Amended: Fire Apparatus Access Roads-Obstruction.
The required width, surface and construction of a fire apparatus access road shall not be
obstructed or modified in any manner, including the parking of vehicles without the prior
approval of the Fire Chief. Minimum required widths and clearances established under Section
902.2.2.1 as amended by HBMC 17.56.045 shall be maintained at all times. (3571-10/02)
17.56.050 CFC Section 1003, Fire Extinguishing Systems. (3317-1/96,3571-10/02)
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)
10/02
17.56.050-17.56.060 Huntington Beach Municipal Code
1003.1.2 Standards. delete exceptions 2 and 3. (3317-1/96)
ADD--For the purposes of this code, high-rise buildings are defined in UFC § 209H. (3317-1/96)
17.56.055 CFC Section 1003.2.2 Automatic Fire Extinguishing Systems. (3317-1/96,3430-7/99,3571-10/02)
1003.2.2 All Occupancies: All Occupancies Except group U occupancies. (For group U
occupancies, refer to City Specification#404). 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 to an assembly, educational, institutional,
hazardous or residential use, and as follows: (3317-1/96,3430-7/99,3571-10/02)
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)
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 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 mezzanines shall
be included in determining the areas where sprinklers are required. (3317-1/96,3571-10/02)
17.56.060 CFC Section 1003.4 Permissible Sprinkler Omissions. (3317-1/96,3430-7/99,3571-10/02)
ADD 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)
10/02
Huntington Beach Municipal Code 17.56.065--17.56.075
17.56.065 CFC Section 1004 Standpipes TABLE 1004A. (3317-1/96,3571-10/02)
Table 1004-A: (3317-1/96,3571-10/02)
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 III. (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)
17.56.067 CFC Section 5102.2.2.1 Amended: Semiconductor Fabrication Facilities-Storage-
Aggregate Quantities. The aggregate quantities of hazardous materials stored and used in a
single fabrication area shall not exceed the quantities set forth in Table 5102-A. (3571-10/02)
17.56.068 CFC Section 5103.2.2.1 Amended: Semiconductor Fabrication Facilities-Use and
Handling-Aggregate Quantities. The aggregate quantities of hazardous materials in a single
fabrication area shall be in accordance with Section 5102.2.2. See Table 5102-A. (3571-10/02)
17.56.075 CFC Section 5202.4.1 Amended Aboveground Fuel Tanks. (3317-1/96,3571-10/02)
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)
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 CFC, 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. (3317-1/96,3571-10/02)
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)
10/02
Huntington Beach Municipal Code 17.56.075--17.56.075
PERMITS:
Permits shall be required in accordance with Section 105 of the CFC. 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.
(3317-1/96,3430-7/99,3571-10/02)
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 CFC Table 7902.2-
G). (3317-1/96,3571-10/02)
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 2
definition.) (3317-1/96,3571-10/02)
DESIGN AND CONSTRUCTION OF TANKS AND EQUIPMENT:
The design, fabrication and construction of tanks shall be in accordance with CFC Section
7902.1.8.1.1. (3317-1/96,3571-10/02)
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 CFC Section 7903. (3317-1/96,3571-10/02)
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)
10/02
17.56.075--17.56.075 Huntington Beach Municipal Code
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) (3317-1/96)
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. (CFC Section 7903) (3317-1/96,3571-10/02)
PIPE, VALVES, FITTINGS: In addition to other requirements outlined in CFC
Section 7901.11, the following shall be required: (3317-1/96,3571-10/02)
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 CFC Section 5202.9) (3317-1/96,3571-10/02)
TANK LINING:
Tank linings are prohibited in the City of Huntington Beach unless approved by the fire chief.
(See CFC Section 7902.1.8.2.9). (3430-7/99,3571-10/02)
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 CFC Section 7902.1.16) (3317-1/96,3571-10/02)
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 CFC Section 7902.1.16) (3317-1/96,3571-10/02)
2. Locations Subject to Flooding: Where a tank is located in an area that may be subjected to
flooding, the applicable provisions of CFC Appendix H-B apply. (3317-1/96,3430-7/99,3571-10/02)
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 CFC Section 7902.1.12)
(3317-1/96,3571-10/02)
10/02
Huntington Beach Municipal Code 17.56.075--17.56.075
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. (3317-1/96)
Exception: When double containment is provided within the construction of the tank, the diking
requirements may be waived by the fire chief. (See CFC Section 7902.2.8) (3317-1/96,3571-10/02)
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 CFC 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. (3317-1/96,3571-10/02)
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 CFC Section 5202.13 and the
Air Quality authority having jurisdiction. (3317-1/96,3571-10/02)
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
CFC Table 5202.6-A and that such wiring and equipment have been installed in accordance with
the Electrical Code will be required. (See CFC Section 5202) (3317-1/96,3571-10/02)
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)
10/02
17.56.075--17.56.075 Huntington Beach Municipal Code
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, 11, or HLA liquids. (3317-1/96)
2. There shall be no dispensing into unapproved containers. (See CFC Section 5201.6) (3317-1/96,3571-
10/02)
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, II or III-A liquids shall bear the label or placard in
accordance with CFC Standard 79-3 identifying the material within. A placard shall also be
installed, mounted or affixed adjacent to the "Emergency Shut-off' sign. (3317-1/96,3571-10/02)
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 CFC Section 4.3.3.4) (3571-10/02)
10/02
Huntington Beach Municipal Code 17.56.075-17.56.075
TESTING:
All tank and piping shall be tested in a manner acceptable to the fire chief. (See CFC Section
7901.11.10) (3317-1/96,3571-10/02)
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 CFC Section 7902.3.5) (3317-1/96,
3571-10/02)
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 CFC Section 7902.6.13) (3317-1/96,3571-10/02)
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 CFC Article 52)
(3317-1/96,3430-7/99,3571-10/02)
SUPERVISION:
Where dispensing of Class I, II, or III-A liquids is performed a listed automatic-closing-type
nozzle valve shall be used incorporating the following features:
(See CFC Section 5202.4.4.2) (3571-10/02)
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)
10/02
17.56.075--17.56.087 Huntington Beach Municipal Code
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.
e. A sign in addition to that required in CFC Section 5201.6.3 is posted in a conspicuous
location stating: (3571-10/02)
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 CFC Section 5202.4.5 Dispensing Supervision. (3317-1/96,3430-7/99,3571-10/02)
CFC Section 5202.4.5 Delete#1 and Delete#2. (3317-1/96,3430-7/99,3571-10/02)
17.56.085 CFC Section 6106.3 Portable Unvented Oil-Burning Heating Appliances. (3317-1/96,
3430-7/99,3571-10/02)
CFC Section 6106.3 Location- line 3 delete group S, Division 3, 4, and 5. (3317-1/96,3430-7/99,3571-
10/02)
17.56.086 CFC Section 7503.1.3.7 AMEND Testing. Piping of systems shall be tested and
proven free of leaks after installation as required by the standards to which they were designed
and constructed. Test pressures shall not be less than 150 percent of the maximum allowable
working pressure when hydraulic testing is conducted or 110 percent when testing is conducted
pneumatically. (3571-10/02)
17.56.087 CFC Section 7901.3.2 Hazardous Materials Storage Plan. (3317-1/96,3430-7/99,
3571-10/02)
CFC 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 CFC Section
8001.3.2. (3317-1/96,3571-10/02)
10/02
Huntington Beach Municipal Code 17.56.095--17.56.120
17.56.095 CFC Section 7902.2.2.1 Locations Where Aboveground Tanks Are Prohibited.
(3317-1/96,3430-7/99,3571-10/02)
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 11 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 CFC Section 7902.6.3 Location of Underground Fuel Tanks. (3317-1/96,3571-10/02)
CFC Section 7902.6.3 is amended to read as follows: (3571-10/02)
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 CFC Section 7902.6.10 Tank Lining. (3317-1/96,3430-7/99,3571-10/02)
Tank linings are prohibited unless approved by the fire chief. (3317-1/96,3430-7/99,3571-10/02)
17.56.110 CFC Section 7903.2.1.4 Heating, Cooking, and Lighting Devices. (3317-1/96,
3571-10/02)
CFC Section 7903.2.1.4-Delete the exception. (3317-1/96,3571-10/02)
17.56.115 CFC Section 7903.2.3.4.2 Mechanical Ventilation. (3317-1/96,3430-7/99,3571-10/02)
CFC Section 7903.2.3.4.2 -Delete the exception. (3317-1/96,3571-10/02)
17.56.120 CFC Section 7904.3.2.3 Oil Well Drilling and Operation. (3317-1/96,3430-7/99,
3571-10/02)
The distances set out in this CFC 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. (3317-1/96,3571-10/02)
10/02
17.56.130--17.56.165 Huntington Beach Municipal Code
17.56.130 CFC Section 7904.3.4.2 Sumps-Backfilling. (3317-1/96,3571-10/02)
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 CFC Section 7904.3.10 Huntington Beach Oil Code. (3317-1/96,3571-10/02)
The Huntington Beach Oil Code (Huntington Beach Municipal Code Chapter 15.04) is
incorporated herein by reference, and declared to be part of the Huntington Beach Fire Code as
though set out in full herein. (3317-1/96,3571-10/02)
17.56.140 CFC Section 8001.3.2 Hazardous Materials Management Plan. (3317-1/96,
3571-10/02)
Hazardous Materials Management Plan. Compliance with Huntington Beach Municipal Code
Chapter 17.58 requiring a business emergency plan shall be considered in compliance with CFC
Section 8001.3.2 except as provided in CFC Section 8001.3.2.1 below: (3317-1/96,3430-7/99,3571-
10/02)
S. In addition to the requirements set forth in CFC Section 8001.3.2, all new facilities and
existing facilities proposing modifications to 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. (3317-1/96,3430-7/99,3571-10/02)
17.56.145 CFC Section 8001.3.3 Amended—Hazardous Materials Inventory Statement. (3317-1/96,
3571-10/02)
Deleted and amended to read: (3317-1/96)
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 CFC Section 8001.5.2.2 Notification. (3317-1/96,3430-7/99,3571-10/02)
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 CFC Section 8001.5.2.5 Responsibility For Clean-up (Soil Spec.) (3317-1/96,
3571-10/02)
Clean-up of contaminated soil and property shall be in accordance with state, federal or local
regulations as follows: (3317-1/96)
1. 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
a� (total), and Volatile Chlorinated and Aromatic Hydrocarbons (EPA-8240) as described in
item 6 below, Site Assessment and Laboratory Specifications. (3317-1/96)
10/02
Huntington Beach Municipal Code 17.56.165--17.56.165
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 CFC
8001.5.2.5 Table 1. If the sample results meet the Table 1 criteria, no further testing or
remediation work will be required. (3317-1/96,3430-7/99,3571-10/02)
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 CFC 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. (3317-1/96,3430-7/99,3571-10/02)
3. Depth of Contaminated Soil Removal. Soil contamination in excess of the CFC 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. (3317-1/96,3430-7/99,3571-10/02)
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 CFC 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. (3317-1/96,3430-7/99,3571-10/02)
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)
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)
10/02
17.56.165--17.56.165 Huntington Beach Municipal Code
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 HBFC
8001.5.2.5 Table 2, the laboratory analytical work may specify the reanalysis of samples
exceeding screening criteria specified in HBFC 8001.5.2.5 Table 1. The shelf life for the
samples must not be exceeded when the reanalyses are run. (3317-1/96,3430-7/99,3571-10/02)
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. (3317-1/96)
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)
A Site Auditor, as identified in CFC 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. (3317-1/96,3430-7/99,3571-10/02)
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)
10/02
Huntington Beach Municipal Code 17.56.165--17.56.165
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 HBFC 8001.5.2.5 Table 1 and 2. (3317-1/96,3430-7/99,3571-10/02)
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)
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)
10/02
17.56.165--17.56.170 Huntington Beach Municipal Code
Sufficient samples shall be analyzed to characterize the vertical and horizontal extent of the
potential contaminant. If samples exceed the screening criteria in HBFC 8001.5.2.5 Table 1,
the soil must either be removed or reanalyzed and compared to criteria in HBFC 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. (3317-1/96,3430-7/99,3571-10/02)
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'Llse TPH 418:1 TPH 865 `
x
Residential &Recreational <500 p2m < 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
ScreeningLevel for Hydrocarbon Clean-up
Land Use 1 bTX& E 8020 PNA 827;0 ,
Residential &Recreational B<1.0 ppm Each CAPNA<0.5 ppm
T, X &E <10.0 ppm Total CAPNA's <3.0 ppm
individual)
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
individual)
• >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
individual)
['Based on CAPNA's found in Proposition 65 list, in addition to benzo (g,h,i)
perylene]
17.56.170 CFC Section 8001.7 Identification Signs. (3317-1/96,3430-7/99,3571-10/02)
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#423.(3317-1/96)
10/02
Huntington Beach Municipal Code 17.56.175--17.56.192
17.56.175 Add CFC Section 8003.1.3 Spill Control, Drainage Control, and Secondary
Containment. (3317-1/96,3430-7/99,3571-10/02)
Spill Control, Drainage Control, and Secondary Containment. Spill control, drainage control and
secondary containment in accordance with CFC Section 8003.1.3 may be required for those
amounts under the exempt quantities specified in CFC Section 8001.15 and Tables 8001.15-A
through 8001.15-D if deemed necessary by the fire chief. (3317-1/96,3430-7/99,3571-10/02)
17.56.180 CFC Section 8001.15.1 Exempt Amounts. (3317-1/96,3430-7/99,3571-10/02)
Storage, dispensing, use and handling of hazardous materials in quantities not exceeding exempt
amounts shall be in accordance with CFC Section 8001. At the discretion of the fire chief,
hazardous materials present below the exempt amounts specified in CFC Section 8001.15 and
Tables 8001.15-A through 8001.15-D may be required to meet provisions found in CFC Sections
8003.1. (3317-1/96.3430-7/99,3571-10/02)
17.56.182 CFC Section 8003.1.2 Hazardous Materials Signs. (3317-1/96,3430-7/99,3571-10/02)
CFC Section 8003.1.2 is amended to read: Ste. Stationary aboveground containers and tanks
shall be placarded and labeled in accordance with CFC Section 8001.7 and Huntington Beach
Fire Prevention Division Stationary Tank Hazard Identification Guidelines, refer to City
Specification#423. (3317-1/96,3430-7/99,3571-10/02)
17.56.184 CFC Section 8003.1.5 Maximum Quantity Hazardous Materials On Site. (3317-1/96,3430-7/99,
3571-10/02) 0
CFC Section 8003.1.5 is amended to read: Maximum Quantity On Site. The storage of
hazardous materials shall be in accordance with local zoning regulations except as follows:
(3317-1/96,3571-10/02)
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 CFC Section 8004.1.1 Applicability. (3317-1/96,3571-10/02)
At the discretion of the fire chief, materials present below the exempt amounts set forth in CFC
Section 8001.15 may be required to meet provisions stipulated in CFC Sections 8004.1.2 through
8004.4.3. (3317-1/96,3430-7/99,3571-10/02)
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)
10/02
Huntington Beach Municipal Code 17.56.192--17.56.205
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 CFC Section 8102.10.2 High Piled Stock Aisle Width. (;317-1/56,3430-7/99,3571-10/02)
CFC Section 8102.10.2 is amended to read as follows: (3317-1/96,3430-7/99,3571-10/02)
During the stocking operation, a minimum exit width of forty-four(44) inches shall be
maintained. (3317-1/96)
CFC Section 8102.10.2.1 to read as follows: (3317-1/96,3430-7/99,3571-10/02)
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 CFC Appendix I-A Amended-Life safety requirements for existing
buildings other than high rise. (3317-1/96,3430-7/99,3571-10/02)
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 CFC Appendix II-C Amended--Marinas. (3317-1/96,3430-7/99,3571-10/02)
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)
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 _-quipment as follows: (331 t-v96)
10/02
17.56.205--17.56.220 Huntington Beach Municipal Code
(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. (3317-1/96,3571-10/02)
(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 CFC Article 10 of this code. (3317-1/96,3430-7/99,3571-10/02)
(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-B: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 CFC Appendix II-E Amended--Hazardous Materials Management Plan
and Hazardous Materials Inventory Statement. (3317-1/96,3430-7/99,3571-10/02)
Section 1. Scope (3317-1/96)
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. (3317-1/96,3571-10/02)
17.56.220 Adopt CFC Appendix II-K Amended--Aboveground Tanks (3571-10/02)
Appendix H-K 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. (3571-10/02)
Quantities greater than 2,200 gallons aggregate shall be approved by the fire chief.
10/02
Huntington Beach Municipal Code 17.56.220--17.56.220
Table A-II-1 - Minimum Separation Requirements For NonProtected Aboveground Tanks
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 Feet SAME PROPERTY BETWEEN TANKS
Gallons (liters) (mm) Feet (mm) Feet(mm)
Less than or equal to 15 (4572) 15 4572 3 (914)
2,200
15 (4572) 15 (4572) 3 (914)
(3430-7199,3571-10/02)
10/02
Huntington Beach Municipal Code 2.07.010-2.07.040(a)
CHAPTER 2.07
CAMPAIGN REFORM S
(2507-11/81, 2721-10/84, 2818-3/86, 3220-1/94, 3452-3/00)
Sections: a
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)
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. (3220-1194)
1/94
2.07.040(b)--2.07.060(b) Huntington Beach Municipal Code
(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 Campailln 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
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. (3220-1194)
(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 Monev 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.
(3220-1/94)
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
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
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 Iniunctive 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 Beach City Charter Section 500(e)(1). (3220-1/94)
•
1/94
/�o 02
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, 1331-7/67,1626-2l71, 1935-11174,2027-1/76,2431-7/80,
2747-2/85,2787-9/85,2875-11/86,2976-12188, Urg.Ord.3006-6/89,3004-8/89,3022-12/89,3147-7/92,3260-11/94,3261-11/94,
3305-12195,3422-7/99)
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. (1935711n4,2027-1n6,2431-7/80,
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,
2431-7/80,2747-2/85,2976-12/88,3022-12189,3147-7192,3305-12195,3422-7/99)
17.04.030 Chapter l 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--i\linimum 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-W 1.4 x W 1.4 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, 3422-7199)
• 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(aj) Huntington Beach Municipal Code
with the manufacturer's requirements in lieu of a fire-retardant roofing assembly. (3022-12/89, •
3127-7/92,3422-7199)
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 securitv 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
follows: (3305-12195,3422-7/99)
'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
ZD
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.
7/99
Huntington Beach Municipal Code 17.04.080(§3605[b])--17.04.080(§3605[c])
(b) Swinging 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 full-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)
7199
17.04.080(§3606)--17.04.085(§5502(B]) 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. (2976-12188,3022-12/89,3422-7/99)
(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. (3305-12/95)
(c) Locking devices. All windows which are designed to be opened shall be provided with
locking devices. (3305-12/95)
3607. Other openings. (3305-12/95,3422-7199)
(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. (2976-12/88)
(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,
2456-11/80,2747-2/85,2787-9r85,3022-12/89, 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:
(3004-8/89,3022-12/89,3422-7199)
§ 5501. Purpose. This Division 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 System 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. Oualified 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.
S 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 Overlav 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 &.II, 13,.16 -Div. I, II, & III
19, 21,23, 29,30, 33, 34. (2431-7/80,2747-2/85,2976-12/88,3022-12/89,3147-7/92,3261-11/941 3305-12/95,
3422-7199)
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)
r
7/99
Huntington Beach Municipal Code 17.46.010-17.46.050(a)
Chapter 17.46
• UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
(3147-7192,3 3 1 0-1 219 5,3427-7/99)
Sections:
17.46.010 Adoption
17.46.020 Definitions
17.46.03.0 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)
17.46020 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)
Swimming 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: (3147-7/92,3310-12195,3427-7/99)
Exception: Spas and Hot Tubs of less than 750 gallons may have a rigid locking cover to
substitute for other barriers. (3310-12/95)
7/99
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. (3147-7192)
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)
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 Familv Residential Barrier Requirements. § 320.1 is hereby
added to read as follows: (3427-7/99)
§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. (3427-7199) •
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)
7/99
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. (3147-7192)
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,
3310-12195,3427-7/99)
§Chapter 5. Fuel gas piping shall be installed in accordance with the requirements of the
Huntington Beach Plumbing Code. (3427-7/99)
•
7/99
Huntington Beach Municipal Code 17.56 Index
Chapter 17.56 O`
UNIFORi1I FIRE CODE
(105-5/13,413-5138,458-6/42, 1131-4/65, 1414-6/68, 1499-5/69,1884-12/73,1900-3/74,2121-12/76,2188-6/77,2430-1170,
Sections:
2480-7/80,2638-9/83,2865-11/86.3020-12/89,3174-1/93,3317-1/96,3430-7/99)
17.56.010 Adoption
17.56.015 .Definition
17.56.020 UFC Section 10�: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. 343077/99
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
7/99
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 Il-C Amended-Marinas
17.56.210. Adopt U17C 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,
2638-9/83,2865-11186,3020-12/89,3174-1/93,3317-1/96,3430-7/99)
.17.56.015 Definition. Wherevefthe 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 103.1A 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, an
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)
7199
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)
i (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#404). 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: -(331771/96,3430-7/99)
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)
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17.56.055--17.56.075 Huntington Beach Municipal Code
10031.2.3.9 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
1-1
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 111. (3317-1196)
it
Line 2.Change four(4) stories to three (3) stories. Standpipes for sprinklered buildings shall be
Class III. (3317-1/96)
i
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 1II. (3317-1196)
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 tanlc(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-V96)
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 (i) 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)
7199
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) (3317-1/96)
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). (3430-7/99)
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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. (3317-1/96)
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. (3317-1196)
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)
I. 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). (3317-1196)
TANK IDENTIFICATION:
Aboveground storage tanks over 100 gallons (water capacity)permanently installed, mounted or
affixed and used for the storage of Class I, II 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) (3317-1196)
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 III-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.
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#1 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, 3430-7/990
UFC Section 6106.3 Location- line 3 delete group S, Division 3, 4, and 5. (3317-1/96,3430-7/99)
7/99
17.56.087--17.56.115 Huntington Beach Municipal Code
17.56.087 UFC Section 7901.3.2 Hazardous Materials Storage Plan. (3317-1/96,3430-7199)
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 Il 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. (3317-1196)
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-uss)
17.56.105 UFC Section 7902.6.10 Tank Lining. (3317-1/96,3430-7199)
ADD Tank linings are prohibited in the City of Huntington Beach unless approved by the fire
chief. (3317-1196,3430-7/99)
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. {3317-1/9sj
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: (3317-1/96)
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) •
7/99
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. (3317-1/96,3{30-7/99)
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. (33117-1/96)
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 cleanupthe site using screening criteria specified in UFC
� g P
8001.5.2.5 Table 2, the laboratory analSlical 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. (3317-1/96)
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)
7/99
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. (3317-1196)
7/99
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 JPH(418.1) TPH(8015M) ,A
Residential & Recreational <500 ppm <500 ppm
Commercial & Industrial <13000 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) 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
individually
['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#423.(3317-1/96)
17.56.175 Add UFC Section 8001.11.00 Spill Control,Drainage Control, and Secondary
Containment. (3317-1/96,3430-7199)
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)
17.56.182 UFC Section 8003.1.2 Hazardous Materials Signs. (331.7-1/96,3430-7/99).
UFC Section 8003.1.2 is amended to read: Sins. 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)
Sims. 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 9423. (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. (3317-1196,3430-7/99j •
Section 1. GENERAL (3317-1/96)
EXCEPTION: Group R,Division 1 (less than seven (7)units), Group U occupancies and
occupancies regulated by Appendix 1-13 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. (3317-1/96,3430-7199)
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: (3317-1196,3430-7/99)
(a) The dock layout. (3317-1/96)
(b) The location of vet 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. (3317-1196,3430-7/99)
(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. (331.7-1/96)
1 A 4A 40-B:C fire extinguisher shall be located eve one hundred and fifty I50 feet
( ) g � Y ( )
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. (3317-1/96,3430-7199)
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. (3317-1196)
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
Greater-than_272w.
7/99
HUNTINGTON BEACH
MUNICIPAL CODE UPDATES
Effective July, 702
Please Remove from Code Please Add to Code
Chapter 3.28 Chapter 3.28
Chapter 17.68 Chapter 17.68
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 Dale Jones, Deputy City Clerk, Records Division
(714) 374 1632
Muntc�pal Gode is a valab% onthe 3 Internet
.r
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 3.28.010--3.28.020(d)
Chapter 3.28
UNIFORM TRANSIENT OCCUPANCY TAX
(1068-7/64,1226-7/66,1590-8/70,2015-11/75,2098-9/76,2974-12/88,3558-7/02,3559-7/02)
(Res 5859-5/88)
Sections:
3.28.010 Purpose
3.28.020 Definitions
3.28.030 Tax imposed
3.28.040 Exemptions
3.28.050 Operator's duties
3.28.060 Register
3.28.070 Guests must register
3.28.080 Registration
3.28.090 Reporting and remitting
3.28.100 Penalties and interest
3.28.110 Failure to collect and report tax--Determination of tax by City Treasurer
3.28.120 Appeal
3.28.130 Records
3.28.140 Refunds
3.28.150 Actions to collect
3.28.160 Failure to register
3.28.170 Credit for transient occupancy taxes paid to Huntington Beach Redevelopment
Agency
3.28.010 Purpose. The City Council of the city of Huntington Beach hereby declares that this
chapter,which shall be known as the Uniform Transient Occupancy Tax, is adopted to provide a
tax on the rent charged in a hotel by the operator of said hotel. (1068-7/64,2015-11/75)
3.28.020 Definitions. Except where the context otherwise requires,the definitions given in this
section govern the construction of this chapter:
(a) "Person" means any individual, firm,partnership,joint venture, association, social club,
fraternal organization,joint stock company, corporation, estate, trust,business trust,receiver,
trustee, syndicate, or any other group or combination acting as a unit.
(b) "Hotel" means any structure, or any portion of any structure which is occupied or intended or
designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes
any hotel, inn,tourist home or house,motel, studio hotel,bachelor hotel, lodging house,
rooming house, apartment house, dormitory,public or private club,mobilehome or house
trailer at a fixed location, or other similar structure or portion thereof.
(c) "Occupancy" means the use or possession or the right to the use or possession of any room or
rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.
(d) "Transient" means any person who exercises occupancy or is entitled to occupancy by reason
of concession,permit,right of access, license or other agreement for a period of thirty(30)
consecutive calendar days or less, counting portions of calendar days as full days. Any such
person so occupying space in a hotel shall be deemed to be a transient until the period of
thirty(30) days has expired unless there is an agreement in writing between the operator and
the occupant providing for a longer period of occupancy. In determining whether a person is
a transient, uninterrupted periods of time extending both prior and subsequent to the effective
date of this chapter may be considered.
7/02
3.28.020(e)-3.28.060 Huntington Beach Municipal Code
(e) "Rent" means the consideration charged, whether or not received, for the occupancy of space
in a hotel valued in money,whether to be received in money, goods, labor or otherwise,
including all receipts, cash, credits and property and services of any kind or nature,without
any deduction therefrom whatsoever.
(f) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner,
lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the
operator performs his functions through managing agent of any type or character other than
an employee, the managing agent shall also be deemed an operator for the purposes of this
chapter and shall have the same duties and liabilities as his principal. Compliance with the
provisions of this chapter by either the principal or the managing agent shall, however,be
considered to be compliance by both. (1068-7/64)
3.28.030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to
and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined
state and local use tax rate. Said rate shall be declared by the City Council by resolution from
time to time. Said tax constitutes a debt owed by the transient to the city which is extinguished
only by payment to the operator or to the city. The transient shall pay the tax to the operator of
the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of
the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's
ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of
the hotel,the City Treasurer may require that such tax be paid directly to the City Treasurer.
(1068-7/64, 1590-8/70,2015-11/75,Res 5859-5/88)
3.28.040 Exemptions. No tax shall be imposed upon:
(a) Any person as to whom, or any occupancy as to which it is beyond the power of the city to
impose the tax herein provided;
(b) Any federal or state of California officer or employee when on official business;
(c) Any officer or employee of a foreign government who is exempt by reason of express
provision of federal law or international treaty.
No exemption shall be granted except upon a claim therefor made at the time rent is collected
and under penalty of perjury upon a form prescribed by the City Treasurer. (1068-7/64,2015-11/75)
3.28.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the
same extent and at the same time as the rent is collected from every transient. The amount of tax
shall be separately stated from the amount of the rent charged, and each transient shall receive a
receipt for payment from the operator. No operator of a hotel shall advertise or state in any
manner,whether directly or indirectly,that the tax or any part thereof will be assumed or
absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be
refunded except in the manner hereinafter provided. (1068-7/64,2015-11/75)
3.28.060 Register. Every owner, keeper or proprietor of any lodging house, rooming house,
motel or hotel shall keep a register wherein he shall require all guests, roomers or lodgers to
inscribe their names upon their procuring lodging of a room or accommodations. Said register
shall also show the day of the month and year when said name was inscribed, and the room
occupied, or to be occupied by said lodger, or roomer or guest in such lodging house,rooming
house, motel or hotel. Said register shall be kept in a conspicuous place in said lodging house,
rooming house, motel or hotel, and shall at all times be open to inspection by any peace officer of
the state of California. (1226-7/66,2015-11175)
12/88
Huntington Beach Municipal Code 3.28.070--3.28.100(c)
3.28.070 Guests must register. Before any lodging for hire to any person(s) in any lodging
house, or before renting any room to any person(s) in any rooming house, or before furnishing
any accommodations to any guest(s) at any motel or hotel,the proprietor, manager or owner
thereof shall require the person(s)to whom such lodgings are furnished, or room is rented, or
accommodations furnished,to inscribe his/their name(s) in such register kept for that purpose as
hereinabove provided, and shall set opposite said name(s)the time when said name(s)was/were
so inscribed, the room occupied by such lodger(s),roomer(s), or guest(s), and the license number
and description of the vehicle said lodger(s),roomer(s) or guest(s) drove. (1226-7/66,2015-11/75)
3.28.080 Registration. Within thirty(30) days after the effective date of this chapter, or within
thirty(30)days after commencing business, whichever is later, each operator of any hotel renting
occupancy to transients shall register said hotel with the City Treasurer and obtain from him a
"Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place
on the premises. Said certificate shall, among other things, state the following:
(a) The name of the operator;
(b) The address of the hotel;
(c) The date upon which the certificate was issued.
(d) "This Transient Occupancy Registration Certificate signifies that the person named on the
face hereof has fulfilled the requirements of Chapter 3.28 by registering with the City
Treasurer for the purpose of collecting from transients the Transient Occupancy Tax and
remitting said tax to the City Treasurer. This certificate does not authorize any person to
conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor
to operate a hotel without strictly complying with all local applicable laws, including but not
limited to those requiring a permit from any board, commission, department or office of this
city. This certificate does not constitute a permit." (1068-7/64)
3.28.090 Reporting and remitting. Each operator shall file a report each month on forms
provided by the City Treasurer of the total rents charged and received and the amount of tax
collected for transient occupancies for the preceding month. The full amount of tax collected
shall be remitted to the City Treasurer. Said tax collected by each operator during a calendar
month, is due and payable on the last day of the first month following and shall be delinquent and
subject to the penalties noted in section 3.28.100 of this chapter on the first day of the second
month following. Said report shall be filed at the same time the tax is remitted. Returns are due
and payable and delinquent immediately upon cessation of business for any reason. All taxes
collected by operators pursuant to this chapter shall be held in trust for the account of the city
until payment is made to the City Treasurer. (1068-7/64,2098-9/76)
3.28.100 Penalties and interest. The following shall give rise to penalties and interest:
(a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter
within the time required shall pay a penalty of 10 percent of the amount of the tax in addition
to the amount of the tax.
(b) Continued Delinquency. Any operator who fails to meet any delinquent remittance on or
before a period of thirty(30) days following the date on which the remittance first became
delinquent shall pay a second delinquency penalty of 10 percent of the amount of the tax in
addition to the amount of the tax and the 10 percent penalty first imposed.
(c) Fraud. If the City Treasurer determines that the non-payment of any remittance due under
this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added
thereto in addition to the penalties stated in subsections (a) and(b) of this section.
12/88
3.28.100(d)--3.28.140(a) Huntington Beach Municipal Code
(d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax
imposed by this chapter shall pay interest at the rate of one-half(1/2) of 1 percent per month,
or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which
the remittance first became delinquent until paid.
(e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the
provisions of this section shall become a part of the tax herein required to be paid. (1068-7/64)
3.28.110 Failure to collect and report tax--Determination of tax by City Treasurer. If any
operator shall fail or refuse to collect said tax and to make, within the time provided in this
chapter, any report and remittance of said tax or any portion thereof required by this chapter,the
City Treasurer shall proceed in such manner as he may deem best to obtain facts and information
on which to base his estimate of the tax due. As soon as the City Treasurer shall procure such
facts and information as he is able to obtain upon which to base the assessment of any tax
imposed by this chapter and payable by any operator who has failed or refused to collect the same
and to make such report and remittance,he shall proceed to determine and assess against such
operator the tax, interest and penalties provided for by this chapter. In case such determination is
made,the City Treasurer shall give a notice of the amount so assessed by serving it personally or
by depositing it in the United States mail,postage prepaid, addressed to the operator so assessed
at his last known place of address. Such operator may within ten(10) days after the serving or
mailing of such notice make application in writing to the City Treasurer for a hearing on the
amount assessed. If application by the operator for a hearing is not made within the time
prescribed,the tax, interest and penalties, if any, determined by the City Treasurer shall become
final and conclusive and immediately due and payable. If such application is made,the City
Treasurer shall give not less than five (5) days written notice in the manner prescribed herein to
the operator to show cause at a time and place fixed in said notice why said amount specified
therein should not be fixed for such tax, interest and penalties. At such hearing,the operator may
appear and offer evidence why such specified tax, interest and penalties should not be so fixed.
After such hearing the City Treasurer shall determine the proper tax to be remitted and shall
thereafter give written notice to the person and in the manner prescribed herein of such
determination and the amount of such tax, interest and penalties. The amount determined to be
due shall be payable after fifteen (15) days unless an appeal is taken as provided in section
3.28.120. (1068-7/64,2015-11/75)
3.28.120 Appeal. Any operator aggrieved by any decision of the City Treasurer with respect to
the amount of such tax, interest and penalties, if any,may appeal to the City Council by filing a
notice of appeal with the City Clerk within fifteen(15) days of the serving or mailing of the
determination of tax due. The council shall fix a time and place for hearing such appeal, and the
City Clerk shall give notice in writing to such operator at his last known place of address. The
findings of the council shall be final and conclusive and shall be served upon the appellant in the
manner prescribed above for service of notice of hearing. Any amount found to be due shall be
immediately due and payable upon the service of notice. (1068-7/74,2015-11/75)
3.28.130 Records. It shall be the duty of every operator liable for the collection and payment to
the city of any tax imposed by this chapter to keep and preserve, for a period of three (3)years,
all records as may be necessary to determine the amount of such tax as he may have been liable
for the collection of and payment to the city, which records the City Treasurer shall have the right
to inspect at all reasonable times. (1068-7/64)
3.28.140 Refunds. The following shall warrant a refund:
(a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than
once or has been erroneously or illegally collected or received by the city under this chapter it
may be refunded as provided in subparagraphs (b) and(c) of this section provided a claim in
12/88
Huntington Beach Municipal Code 3.28.140(a)--3.28.170
writing therefor, stating under penalty of perjury the specific grounds upon which the claim is
founded, is filed with the City Treasurer within three(3)years of the date of payment. The
claim shall be on forms furnished by the City Treasurer.
(b) An operator may claim a refund or take as credit against taxes collected and remitted the
amount overpaid,paid more than once or erroneously or illegally collected or received when
it is established in a manner prescribed by the City Treasurer that the person from whom the
tax has been collected was not a transient; 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 transient or credited to rent subsequently payable by the transient to the operator.
(c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or
illegally collected or received by the city by filing a claim in the manner provided in
subsection(a) of this section,but only when the tax was paid by the transient directly to the
City Treasurer, or when the transient having paid the tax to the operator, establishes to the
satisfaction of the City Treasurer that the transient has been unable to obtain a refund from
the operator who collected the tax.
(d) No refund shall be paid under the provisions of this section unless the claimant established
his right thereto by written records showing entitlement thereto. (1068-7/64,2015-11/75)
3.28.150 Actions to collect. Any tax required to be paid by any transient under the provisions of
this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by
an operator which has not been paid to the city shall be deemed a debt owed by the operator to
the city. Any person owing money to the city under the provisions of this chapter shall be liable
to an action brought in the name of the city of Huntington Beach for the recovery of such amount.
(1068-7/64,2015-11/75)
3.28.160 Failure to register. Any operator or other person who fails or refuses to register as
required herein, or to furnish any return required to be made, or who fails or refuses to furnish a
supplemental return or other data required by the City Treasurer, or who renders a false or
fraudulent return or claim, is guilty of a MISDEMEANOR. Any person required to make,
render, sign or verify any report or claim or who makes any false or fraudulent report or claim
with intent to defeat or evade the determination of any amount due required by this chapter to be
made, is guilty of a MISDEMEANOR. (1068-7/64,2015-11/75)
3.28.170 Credit for Transient Occupancy Taxes Paid to Huntinfton Beach Redevelopment
Agency. Any person or persons subject to the transient occupancy tax under this Ordinance shall
be entitled to a credit against the payment of such taxes due in the amount of any transient
occupancy taxes due from that person or persons to the Huntington Beach Redevelopment
Agency("Agency")pursuant to Ordinance No. 2, adopted by the Agency on July 1, 2002, which
affects any persons occupying a room or rooms in any hotels, inns,tourist homes or houses,
motels, or other lodging within the Main-Pier Redevelopment sub-area of the Huntington Beach
Redevelopment Project. (2974-12/88,3558-7/02,3559-7/02) (see Ordinance No.3559 for additional information regarding
termination,amendment or modification of&3.28.170.)
07/02
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
(3505-10/01,3570-10/02)
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. (3505-10/01)
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. (3505-10/01)
Customer Category Charge Type Charge
Residential - Single- Flat charge- Same amount for all $6.1172 per
family and townhouses customers in category. Calculated unit per
served by individual and billed monthly via the Utility month
meters. Billing System. (3570-10/02)
Apartment-All Flat charge- Same amount for all $5.0742 per
apartments, mobile customers in category. Calculated unit per
homes, and townhouses and billed monthly via the Utility month
served by common Billing System. (3570-10/02)
water meters.
Regular Flat rate - Same dollar amount per $7.0993 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 (3570-10/02)
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 $1.3284 per
Commercial/Industrial - cubic feet (HCF) of estimated sewer HCF per year
Businesses with high discharge. Calculated and billed (3570-10/02)
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 Hsi School:
public K-8 and high year,based on annual daily $1.9537 per
school districts with attendance (ADA) figures as ADA per
schools in the City. provided by the school districts,with year.
0 a different rate per student for K-8 K=8:
and for high schools. Calculated $1.2582 per
and billed annually through the ADA per year
Cit 's Accounts Receivables System. (3570-10/02)
10/02
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. (3505-10/01)
(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. (3505-10/01)
12/01
Huntington Beach Municipal Code 17.68.010-17.68.020(a)
Chapter 17.68
AREA OF BENEFIT DISTRICTS
(3151-8/92,Correction 2/93,3564-7/02)
Sections:
17.68.010 Requirement for Installation of Improvements
17.68.020 Definitions
17.68.030 Application for Area of Benefit District
17.68.040 Application fee for formation of the Area of Benefit District
17.68.050 Recovering Costs for Formation and Monitoring the Area of Benefit District
17.68.060 Report of the City Engineer
17.68.070 Notice and hearing on establishment of Area of Benefit District
17.68.080 Action by City Council
17.68.090 Re-computation of Charge
17.68.100 Administrative Audit
17.68.110 Establishment of Area of Benefit Charge
17.68.115 Exemption from Charge
17.68.117 Adjustment of Charge
17.68.120 Obligation of Developer to Claim Monies
17.68.130 Delegation of Duties
17.68.140 Challenges to District
17.68.010 Requirement for Installation of Improvements. As a condition of approval for a
Development, a Developer may be required to install and dedicate Public Improvements which
may contain supplemental size, capacity, number, or length for the benefit of property not within
the Development. When such supplemental size, capacity,number, or length benefits property
not within the Development, the City may enter into an agreement setting forth the procedures to
reimburse the Developer for the Supplemental Improvements through an Area of Benefit District.
In order to reimburse the Developer,the City may: (3151-8/92,3564-7/02)
(a) Collect from other persons, including public agencies, a reasonable charge for the use of
Supplemental Improvements benefiting real property not within the Development Area.
(3564-7/02)
(h) Contribute to the Developer that part of the cost of the Public Improvements that benefit real
property outside the Development Area and levy a charge upon the real property benefited to
reimburse the Developer for such cost, together with interest thereon, if any. (3564-7/02)
(c) Establish and maintain Area of Benefit Districts for the levy and collection of such charge
from the property benefited. The charge collected shall be paid to the City or Developer
constructing the Public Improvement. (3564-7/02)
17.68.020 Definitions.
(a) "Actual or Estimated Costs of Public Improvements" means the actual or estimated costs for
construction, design engineering, district formation, right-of-way appraisal and acquisition
costs, condemnation proceedings, environmental impact mitigation,plan check and permit
fees, construction inspections, maintenance of Improvements, or any other expenses
attributable to the construction of Public Improvements. If the scope of the Development is
altered during construction in order to respond to events or circumstances which are revealed
during construction, the City Council may increase the estimated cost by not more than ten
(10%)percent without notice to the affected property owners. (3151-8/92,3564-7/02)
7/02
17.68.020(b)—17.68.020(I)(2) Huntington Beach Municipal Code
(b) "Administrative Costs" shall be defined as costs for direct labor and employee benefits,
outside consultants, direct materials, indirect costs, overhead costs, and fixed assets or
depreciation charges. (3151-8/92,3564-7/02)
(c) "Area of Benefit" means the entire area which receives a benefit from the Supplemental
Improvements. The "Area of Benefit" shall be that area which, in the opinion of the City
Council, upon the recommendation of the City Engineer, and after a noticed public hearing, is
determined to be the area benefited by the construction of the Supplemental Improvements.
(3151-8/92,3564-7/02)
(d) `Benefited Property"is the parcel(s) that is benefited by the Supplemental Improvements and
is included within the Area of Benefit. (3564-7/02)
(e) "Charge"means the Excess Costs attributable to an individual parcel of real property.
(3564-7/02)
(f) "Developer" means the person who is responsible for constructing the Public Improvements.
(3151-8/92,3564-7/02)
(g) "Development"means any residential, commercial or industrial project or subdivision.
(3564-7/02)
(h) "Development Area"means any residential subdivision or commercial or industrial projects
to be constructed by the Developer. (3564-7/02)
(i) "Excess Costs" means the costs attributable to that portion of Public Improvements which
benefit areas outside the Development Area. Benefit may be determined by any commonly
accepted method which fairly apportions the cost of the Improvements to the benefiting
properties. (3151-8/92,3564-7/02)
(j) "Public Improvements" means those improvements as set forth herein including,but not
limited to, streets,bridges, traffic signals, street lights, drainage, flood control,water or
sanitary sewer facilities,reclaimed water facilities, landscaping, grading, soil remediation,
abandonment of oil facilities, relocation of utilities, other public facilities such as parks,
libraries, fire stations,police stations, and any accessory improvements necessary for the
functioning of the Public Improvements. The term Public Improvements includes not only
improvements that benefit the Development, but also those that benefit parcels outside the
Development. "Public Improvements" shall also include any property or property interests
reasonably necessary for the construction of the improvement. (3151-8/92,3564-7102)
(k) "Substantial Completion of an Improvement" means completion of construction of a Public
Improvement to the extent necessary to allow it to be used for the purpose for which it was
intended. (3151-8/92,3564-7/02)
(1) "Supplemental Improvements" means those Public Improvements which are: (3151-8/92,3564-
7/02)
(1) required as a condition of approval of the Development which have a size, capacity,
number, or length greater than necessary solely to benefit or mitigate the impacts of the
Development; or (3151-8/92,3564-7/02)
(2) improvements which have been agreed upon between the City and Developer. (3151-8/92,
3564-7/02)
7/02
Huntington Beach Municipal Code 17.68.030-17.68.070
17.68.030 Application for Area of Benefit District. Whenever a Developer elects, or is
required by the City,to install or replace Supplemental Improvements, or whenever the City
participates in the costs of Supplemental Improvements in advance of Development, and
provided that the costs of such Supplemental Improvements are not financed by an assessment
district or similar proceeding, the Developer may submit an application for formation of an Area
of Benefit District, or the City Council, on its own motion,may initiate the formation of the Area
of Benefit District. (3564-7/02)
The application of the Developer shall be in writing and shall be submitted to the Office of the
City Engineer with a non-refundable application fee. The City Engineer shall expeditiously
process the request to City Council. (3151-8/92,3564-7/02)
17.68.040 Application Fee for Formation of the Area of Benefit District. Where the
Developer has applied for formation of an Area of Benefit District,prior to the City Council
authorizing the initiation of the formation of the Area of Benefit District, the Developer shall
deposit with the City the following fees to cover various administration costs: (3151-8/92,3564-7/02)
(a) A non-refundable application fee will be required from the Developer prior to commencing
any work on the Area of Benefit District. The amount of the application fee will be
determined by the City Engineer. The application fee will be deposited in a general Area of
Benefit District administration fund established by the City Treasurer. (3151-8/92,3564-7/02)
(b) District formation fees shall be deposited into a specific project fund for each individual
project to cover such expenses as the calculation of the Excess Costs of the Supplemental
Improvements, determination of the Area of Benefit and determination of the apportionment
of the Excess Costs to the benefiting parcels. District formation fees will also include
publishing of all notices,mailing, and City administrative costs. Once the fees have been
deposited to the City by the Developer, the City Engineer will process the Developer's request
to City Council. The City Engineer may retain a qualified consultant to prepare the
documents and estimates. This consultant shall have no business relationship with the
Developer. The costs of any such engineering services shall be paid by the Developer. The
City Council may treat such costs as an incidental cost of the Supplemental Improvements
that may be recouped pursuant to the provisions of this Chapter. (3151-8/92,3564-7/02)
17.68.050 Recovering Costs for Formation and Monitoring the Area of Benefit District.
The City Council may levy a supplemental fee on all Benefited Properties paying Area of Benefit
charges intended to reimburse the City and Developer for the cost of formation and monitoring
the District. (3151-8/92,3564-7/02)
17.68.060 Report of the City Engineer. Pursuant to the direction of the City Council, the City
Engineer shall prepare and file with the City Clerk a report containing the following information:
(3151-8192)
(a) A map indicating the boundaries of the Area of Benefit District which identifies all parcels
within the District. (3151-8/92,3564-7/02)
(b) The actual or total estimated cost of the Supplemental Improvements. (3151-8/92,3564-7/02)
(c) The proposed spread of the Excess Costs to the Area of Benefit. (3151-8/92,3564-7/02)
17.68.070 Notice and hearing on establishment of Area of Benefit District. (3151-8/92,
correction-2/93:see ordinance 3151,3564-7/02)
7/02
17.68.070(a)-17.68.080(b)(1) Huntington Beach Municipal Code
(a) Upon receiving the request from the City Engineer, the City Clerk shall set a noticed public
hearing before the City Council. The City Clerk shall cause a notice of the hearing, in
substantially the following form, to be published once in a newspaper of general circulation
in the City of Huntington Beach at least ten(10) days prior to such hearing: (3151-8/92)
NOTICE OF HEARING (3151-8/92,3564-7/02)
The City Council of the City of Huntington Beach will hold a public hearing at_on at the
City Council Chambers,2000 Main Street, Huntington Beach, California 92648 to consider the establishment
of an Area of Benefit District for the financing of certain public facilities and related improvements within the City.
Your property is located within the proposed boundaries of the Area of Benefit District and may be
subject to a charge to pay a portion of the cost of providing public facilities which benefit your parcel of land.
If,after the date of forming this District,you either file a final map(subdivision, parcel,consolidation,etc.)or
apply for a building permit,the charge and inflation adjustment would become due and payable.
The proposed boundaries of the District are more particularly described by Diagram No
which is on file in the Office of the City Clerk. All persons desiring to testify with respect to: the necessity
of said Public Improvements,the cost of said Public Improvements,the benefited area and the amount of the
costs eligible to be recovered,may appear and be heard at said hearing.
(b) The City Engineer shall, at least fourteen(14) days prior to the hearing, cause a copy of the
above notice to be mailed to each owner of real property within the benefited area as shown
on the last equalized tax roll. Such notice shall be accompanied by a diagram of the proposed
benefited area and a statement by the City Engineer describing the following: (3151-8/92,3564-
7/02)
(1) A description of the Public Improvements and that portion considered to be in excess of
the Developer's requirements. (3151-8/92,3564-7/02)
(2) The estimated or actual costs necessary to pay for the Public Improvements. (3151-8/92,
3564-7/02)
(3) The actual or estimated costs of the Supplemental Improvements which are proposed to
be charged against the benefiting property when such property is developed or
redeveloped. (3151-8192,3564-7/02)
(4) A diagram identifying the properties to be included within the District. (3151-8/92,3564-7/02)
17.68.080 Action by City Council.
(a) After the public hearing the City Council may, in its sole discretion, approve a resolution
establishing the Area of Benefit District and may enter into.a reimbursement agreement with
the Developer to provide for the disbursements of the proceeds of the Area of Benefit
District. (3151-8/92,3564-7/02)
(b) The resolution establishing the Area of Benefit District shall incorporate an exhibit
containing the following: (3151-8/92,3564-7/02)
(1) A list of the Benefited Properties identified by assessor's parcel numbers.
(3151-8/92,3564-7/02)
7/02
Huntington Beach Municipal Code 17.68.080(b)(2)-17.68.110(d)
(2) A diagram identifying the parcels included within the District. (3151-8/92,3564-7/02)
(3) An apportionment of the Excess Costs which represent the actual or estimated amount to
be charged against each Benefited Property within the District. If the Costs are estimated,
the resolution will indicate that the Charges are subject to re-computation by the City
Engineer when the construction and final audit have been completed. (3151-8/92,3564-7/02)
(4) The time when such Charges are due and payable. (3151-8/92,3564-7/02)
(5) A statement indicating that the Charges are subject to an interest or inflation charge, the
terms of which shall be defined. (3151-8/92,3564-7/02)
(c) Once the Area of Benefit District has been approved by a resolution of the City Council, it
shall establish a statement of charges due from the benefiting properties and their successors,
heirs and assigns. (3151-8/92,3564-7/02)
(d) Unless directed otherwise by the City Council at the time of the District formation, the City
Clerk shall record a certified copy of the Resolution establishing the District with the County
Recorder. (3564-7/02)
17.68.090 Re-computation of Charge. If the District is formed based on estimated costs, then
the City Engineer shall reapportion the charge amounts after final costs have been calculated and
verified by the City Engineer or his designee. All affected property owners shall be notified in
writing of their charge amount. (3151-8/92,3564-7/02)
17.68.100 Administrative Audit. The Finance officer shall prepare a report indicating the
administrative costs incurred for each District on an annual basis. The report shall be prepared
each calendar year following the formation of a Area of Benefit District and shall be completed
by February 15. (3151-8/92,3564-7/02)
17.68.110 Establishment of Area of Benefit Charge.
(a) Payment of Charges shall be placed by the City in the appropriate fund account established
by Council for each District. These funds will be established to reimburse the Developer for
costs incurred for the construction of the Supplemental Improvements. All accrued interest
in this fund will be transferred to the project monitoring fund. The term of any
reimbursement agreement shall be established by the City Council based upon the reasonable
expectations of the Development of benefited properties or the utilization of the Public
Improvement by such benefited properties provided. (3151-8/92,3564-7/02)
(b) Following the formation of the District, if any person records a final map (subdivision,
parcel, consolidation, etc.) or applies for a building permit on a parcel within a District in
accordance with this Chapter, and such person or their predecessor in interest has not paid
such charge to the City, the established charge shall be paid prior to the recording of the final
tract map, final parcel map or the issuance of the building permit. (3151-8/92,3564-7/02)
(c) All charges shall include a principal charge plus an interest or inflation charge calculated
from the date of establishment of the District. The date of establishment shall be the date of
acceptance of the Public Improvements by the City, or City Council approval of the District,
whichever occurs later. (3151-8/92,3564-7/02)
(d) Once a charge has been paid,the City Engineer shall cause a notice to be recorded with the
County Recorder removing the parcel from the Area of Benefit District. (3564-7/02)
7/02
17.68.115-17.68.140 Huntington Beach Municipal Code
17.68.115 Exemption from Charge.
(a) No Charge shall be required in connection with building permits described below: (3564-7/02)
(1) Building alterations for non-residential uses which do not exceed a third(1/3) of the value
of a building, as defined in the Uniform Building Code, and which effect no change in
occupancy, and where no additional vehicle trips will be produced over and above those
produced by the existing building. (3564-7/02)
(2) Building alterations or additions for residential use which add no residential units.
(3564-7/02)
(3) Fences and walls. (3564-7/02)
(4) Repair of construction defects or damage due to fire, civil unrest, flood or any other
destructive act of nature which does not increase the building area by more than one third
(1/3)the original area, provided that no additional vehicle trips will be produced over and
above those produced by the original use of the land. (3564-7/02)
(5) Temporary uses as specified in the City of Huntington Beach's Ordinance Code,Article
973. (3564-7/02)
(b) Any claim of exemption must be filed with the City Engineer. Such application shall be filed
with the City Engineer at the time of application for a building permit or final map. Each
application shall state in detail the factual basis for the requested charge exemption. (3564-7/02)
17.68.117 Adjustment of Charge. The City Council may create,pursuant to the resolution
establishing an Area of Benefit District, a procedure for adjusting the Charge to Benefited
Parcels. The procedure shall address the circumstance that the Supplemental Improvements will
not benefit individual properties within the Area of Benefit due to the nature of development
proposed on the property. (3564-7/02)
17.68.120 Obligation of Developer to Claim Monies. All monies collected under the
provisions of this Chapter shall be deposited by the City Treasurer into the appropriate fund
established for the collection of funds and the monitoring of the district. The City Treasurer shall
pay annually all monies so collected to the Developer who paid for the Supplemental
Improvements for which the charges were collected, or to their assignees. The City shall notify
the Developer of the existence of monies deposited in said fund. No funds will be reimbursed to
the Developer until all costs included in the District have been verified by the City Engineer.
The notice shall be mailed to the address contained in the reimbursement agreement and no
further inquiries shall be required by the City. If any such money remains on deposit with the
City without being claimed by the party rightfully entitled to it within three(3)years after notice
has been made as provided herein, such money shall be forfeited to the City and then it shall be
transferred to the general fund of the City. (3151-8/92,3564-7/02)
17.68.130 Delegation of Duties. Whenever a duty is delegated or reposed in a City official or
employee, except the City Council, that official or employee may delegate all or a portion of
these duties to an assistant, deputy, or other employee of the City. (3151-8/92,3564-7/02)
17.68.140 Challenges to District. Any action or proceeding to challenge, attack, set aside,
avoid, or review the decision of the City Council to establish an Area of Benefit District or a
reimbursement charge, fee, or requirement, or to decline to establish a District shall be brought
by an interested person within ninety(90) days of formation of the District. (3151-8/92,3564-7/02)
7/02
Huntington Beach Municipal Code e
3.28.010-3.28.020(d)
( )
Chapter 3.28
UNIFORM TRANSIENT OCCUPANCY TAX
(1068-7/64, 1226-7/66, 1590-8/70,2015-11/75,2098-9/76,2974-12/88,3558-7/02)
(Res 5859-5188)
Sections:
3.28.010 Purpose
3.28.020 Definitions
3.28.030 Tax imposed
3.28.040 Exemptions
3.28.050 Operator's duties
3.28.060 Register
3.28.070 Guests must register
3.28.080 Registration
3.28.090 Reporting and remitting
3.28.100 Penalties and interest
3.28.110 Failure to collect and report tax--Determination of tax by City Treasurer
3.28.120 Appeal
3.28.130 Records
3.28.140 Refunds
3.28.150 Actions to collect
3.28.160 Failure to register
3.28.170 Credit for transient occupancy taxes paid to Huntington Beach Redevelopment
Agency
3.28.010 Purpose. The City Council of the city of Huntington Beach hereby declares that this
chapter,which shall be known as the Uniform Transient Occupancy Tax, is adopted to provide a
tax on the rent charged in a hotel by the operator of said hotel. (1068-7/64,2015-11/75)
3.28.020 Definitions. Except where the context otherwise requires, the definitions given in this
section govern the construction of this chapter:
(a) "Person" means any individual, firm,partnership,joint venture, association, social club,
fraternal organization,joint stock company, corporation, estate, trust,business trust,receiver,
trustee, syndicate, or any other group or combination acting as a unit.
(b) "Hotel" means any structure, or any portion of any structure which is occupied or intended or
designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes
any hotel, inn, tourist home or house,motel, studio hotel,bachelor hotel, lodging house,
rooming house, apartment house, dormitory,public or private club,mobilehome or house
trailer at a fixed location, or other similar structure or portion thereof.
(c) "Occupancy" means the use or possession or the right to the use or possession of any room or
rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.
(d) "Transient" means any person Nvho exercises occupancy or is entitled to occupancy by reason
of concession, permit, right of access, license or other agreement for a period of thirty(30)
consecutive calendar days or less, counting portions of calendar days as full days. Any such
person so occupying space in a hotel shall be deemed to be a transient until the period of
thirty(30) days has expired unless there is an agreement in writing between the operator and
the occupant providing for a longer period of occupancy. In determining whether a person is
a transient, uninterrupted periods of time extending both prior and subsequent to the effective
date of this chapter may be considered.
12188
3.28.020(e)-3.28.060 Huntington Beach Municipal Code
. (e) "Rent" means the consideration charged,whether or not received, for the occupancy of space
in a hotel valued in money,whether to be received in money, goods, labor or otherwise,
including all receipts, cash, credits and property and services of any kind or nature,without
any deduction therefrom whatsoever.
(f) "Operator" means the person who is proprietor of the hotel,whether in the capacity of owner,
lessee, sublessee,mortgagee in possession, licensee,or any other capacity. Where the,
operator performs his functions through managing agent of any type or character other than
an employee, the managing agent shall also be deemed an operator for the purposes of this
chapter and shall have the same duties and liabilities as his principal. Compliance with the
provisions of this chapter by either the principal or the managing agent shall, however,be
considered to be compliance by both. (1068-7/64)
3.28.030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to
and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined
state and local use tax rate. Said rate shall be declared by the City Council by resolution from
time to time. Said tax constitutes a debt owed by the transient to the city which is extinguished
only by payment to the operator or to the city. The transient shall pay the tax to the operator of
the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of
the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's
ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of
the hotel, the City Treasurer may require that such tax be paid directly to the City Treasurer.
(1068-7/64, 1590-8170,2015-11/75, Res 5859-5/88)
3.28.040 Exemptions. No tax shall be imposed upon:
(a) Any person as to whom,or any occupancy as to which it is beyond the power of the city to
impose the tax herein provided;
(b) Any federal or state of California officer or employee when on official business;
(c) Any officer or employee of a foreign government who is exempt by reason of express
provision of federal law or international treaty.
No exemption shall be granted except upon a claim therefor made at the time rent is collected
and under penalty of perjury upon a form prescribed by the City Treasurer. (1068-7/64,2015-11/75)
3.28.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the
same extent and at the same time as the rent is collected from every transient. The amount of tax
shall be separately stated from the amount of the rent charged, and each transient shall receive a
receipt for payment fromthe operator. No operator of a hotel shall advertise or state in any
manner, whether directly or indirectly,that the tax or any part thereof will be assumed or
absorbed by the operator, or that it will not be added to the rent, or that,if added, any part will be
refunded except in the manner hereinafter provided. (1068-7/64,2015-11/75)
3.28.060 Register. Every owner, keeper or proprietor of any lodging house, rooming house,
motel or hotel shall keep a register wherein he shall require all guests,roomers or lodgers to
inscribe their names upon their procuring lodging of a room or accommodations. Said register
shall also show the day of the month and year when said name was inscribed, and the room
occupied, or to be occupied by said lodger, or roomer or guest in such lodging house,rooming
house, motel or hotel. Said register shall be kept in a conspicuous place in said lodging house,
• rooming house, motel or hotel, and shall at all times be open to inspection by any peace officer of
the state of California. (1226-7/66, 2015-11/75)
12/88
Huntington Beach Municipal Code 3.28.070--3.28.100(c)
• 3.28.070 Guests must register. Before any lodging for hire to any person(s) in any lodging
house, or before renting any room to any person(s) in any rooming house, or before furnishing
any accommodations to any guest(s) at any motel or hotel, the proprietor, manager or owner
thereof shall require the person(s) to whom such lodgings are furnished, or room is rented, or
accommodations furnished, to inscribe his/their name(s) in such register kept for that purpose as
hereinabove.provided, and shall set opposite said name(s) the time when said name(s)was/were
so inscribed,the room occupied by such lodger(s), roomer(s),or guest(s), and the license number
and description of the vehicle said lodger(s), roomer(s) or guests)drove. (1226-7/66,2015-11/75)
3.28.080 Registration. Within thirty(30) days after the effective date of this chapter, or within
thirty(30) days after commencing business, whichever is later, each operator of any hotel renting
occupancy to transients shall register said hotel with the City Treasurer and obtain from him a
"Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place
on the premises. Said certificate shall, among other things, state the following:
(a) The name of the operator;
(b) The address of the hotel;
(c) The date upon which the certificate was issued.
(d) "This Transient Occupancy Registration Certificate signifies that the person named on the
face hereof has fulfilled the requirements of Chapter 3.28 by registering with the City
Treasurer for the purpose of collecting from transients the Transient Occupancy Tax and
remitting said tax to the City Treasurer. This certificate does not authorize any person to
conduct any unlawful business or to conduct any lawful business in an unlawful manner,nor,
to operate a hotel without strictly complying with all local applicable laws, including but not
• limited to those requiring a permit from any board, commission, department or office of this
city. This certificate does not constitute a permit." (1068-7/64)
3.28.090 Reporting and remitting. Each operator shall file a report each month on forms
provided by the City Treasurer of the total rents charged and received and the amount of tax
collected for transient occupancies for the preceding month. The full amount of tax collected
shall be remitted to the City Treasurer. Said tax collected by each operator during a calendar
month, is due and payable on the last day of the first month following and shall be delinquent and
subject to the penalties noted in section 3.28.100 of this chapter on the first day of the second
month following. Said report shall be filed at the same time the tax is remitted. Returns are due
and payable and delinquent immediately upon cessation of business for any reason. All taxes
collected by operators pursuant to this chapter shall be held in trust for the account of the city
until payment is made to the City Treasurer. (1068-7/64,2098-9/76)
3.28.100 Penalties and interest. The following shall give rise to penalties and interest:
(a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter
within the time required shall pay a penalty of 10 percent of the amount of the tax in addition
to the amount of the tax.
(b) Continued Delinquency. Any operator who fails to meet any delinquent remittance on or
before a period of thirty(30) days following the date on which the remittance first became
delinquent shall pay a second delinquency penalty of 10 percent of the amount of the tax in
addition to the amount of the tax and the 10 percent penalty first imposed.
. (c) Fraud. If the City Treasurer determines that the non-payment of any remittance due under
this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added
thereto in addition to the penalties stated in subsections (a) and (b) of this section.
12/88
3.28.100(d)--3.28.140(a) Huntington Beach Municipal Code
(d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax
• imposed by this chapter shall pay interest at the rate of one-half(1/2) of 1 percent per month,
or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which
the remittance first became delinquent until paid.
(e) Penalties Merged with Tax..Every.penalty imposed and such interest as accrues under the
provisions of this section shall become a part of the tax herein required to be paid. (1068-7/64)
3.28.110 Failure to collect and report tax--Determination of tax by City Treasurer. If any
operator shall fail or refuse to collect said tax and to make, within the time provided in this
chapter, any report and remittance of said tax or any portion thereof required by this chapter, the
City Treasurer shall proceed in such manner as he may deem best to obtain facts and information
on which to base his estimate of the tax due. As soon as the City Treasurer shall procure such
facts and information as he is able to obtain upon which to base the assessment of any tax
imposed by this chapter and payable by any operator who has failed or refused to collect the same
and to make such report and remittance, he shall proceed to determine and assess against such
operator the tax, interest and penalties provided for by this chapter. In case such determination is
made, the City Treasurer shall give a notice of the amount so assessed by serving it personally or
by depositing it in the United States mail,postage prepaid, addressed to the operator so assessed
at his last known place of address. Such operator may within ten(10) days after the serving or
mailing of such notice make application in writing to the City Treasurer for a hearing on the
amount assessed. If application by the operator for a hearing is not made within the time
prescribed, the tax, interest and penalties, if any, determined by the City Treasurer shall become
final and conclusive and immediately due and payable. If such application is made, the City
Treasurer shall give not less than five (5) days written notice in the manner prescribed herein to
the operator to show cause at a time and place.fixed in said notice why said amount specified
therein should not be fixed.for such tax, interest and penalties. At such hearing, the operator,may
appear and offer evidence why such`specified tax,interest and penalties should not be so fixed.
After such hearing the City Treasurer shall determine the proper tax to be remitted and shall
thereafter give written notice to the person and in the manner prescribed herein of such
determination and the amount of such tax, interest and penalties. The amount determined to be
due shall be payable after fifteen(15) days unless an appeal is taken as provided in section
3.28.120. (1068-7/64, 2015-11/75)
3.28.120 Appeal. Any operator aggrieved by any decision of the City Treasurer with respect to
the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a
notice of appeal with the City Clerk within fifteen(15) days of the serving or mailing of the
determination of tax due. The council shall fix a time and place for hearing such appeal, and the
City Clerk shall give notice in writing to such operator at his last known place of address. The
findings of the council shall be final and conclusive and shall be served upon the appellant in the
manner prescribed above for service of notice of hearing. Any amount found to be due shall be
immediately due and payable upon the service of notice. (1068-7/74,2015-11175)
3.28.130 Records. It shall be the duty of every operator liable for the collection and payment to
the city of any tax imposed by this chapter to keep and preserve, for a period of three (3)years,
all records as may be necessary to determine the amount of such tax as he may have been liable
for the collection of and payment to the city, which records the City Treasurer shall have the right
to inspect at all reasonable times. (1068-7/64)
3.28.140 Refunds. The following shall warrant a refund:
• (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than
once or has been erroneously or illegally collected or received by the city under this chapter it
may be refunded as provided in subparagraphs (b) and (c) of this section provided a claim in
12/88
Huntington Beach Municipal Code 3.28.140(a)--3.28.170
• writing therefor, stating under penalty of perjury the specific grounds upon which the claim is
founded, is filed with the City Treasurer within three (3) years of the date of payment. The
claim shall be on forms furnished by the City Treasurer.
(b) An operator may claim a refund or take as credit against taxes collected and remitted the
amount overpaid,paid more than once or erroneously or illegally collected or received when
it is established in a manner prescribed by the City Treasurer that the person from whom the
tax has been collected was not a transient;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 transient or credited to rent subsequently payable by the transient to the operator.
(c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or
illegally collected or received by the city by filing a claim in the manner provided in
subsection(a) of this section,but only when the tax was paid by the transient directly to the
City Treasurer, or when the transient having paid the tax to the operator, establishes to the
satisfaction of the City Treasurer that the transient has been unable to obtain a refund from
the operator who collected the tax.
(d) No refund shall be paid under the provisions of this section unless the claimant established
his right thereto by written records showing entitlement thereto.
(1068-7/64,2015-11/75)
3.28.150 Actions to collect. Any tax required to be paid by any transient under the provisions of
this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by
an operator which has not been paid to the city shall be deemed a debt owed by the operator to
the city. Any person owing money to the city under the provisions of this chapter shall be liable
to an action brought in the name of the city of Huntington Beach for the recovery of such
amount. (1068-7/64,2015-11/75)
3.28.160 Failure to register. Any operator or other person who fails or refuses to register as
required herein, or to furnish any return required to be made, or who fails or refuses to furnish a
supplemental return or other data required by the City Treasurer, or who renders a false or
fraudulent return or claim,is guilty of a MISDEMEANOR. Any person required to make,
render, sign or verify any report or claim or who makes any false or fraudulent report or claim
with intent to defeat or evade the determination of any amount due required by this chapter to be
made, is guilty of a MISDEMEANOR. (1068-7/64,2015-11/75)
3.28.170 Credit for Transient Occupancy Taxes Paid to Huntington Beach Redevelopment
Agency. Any person or persons subject to the transient occupancy tax under this Ordinance shall
be entitled to a credit against the payment of such taxes due in the amount of any transient
occupancy taxes due from that person or persons to the Huntington Beach Redevelopment
Agency("Agency")pursuant to Ordinance No. 2, adopted by the Agency on July 1, 2002,which
affects any persons occupying a room or rooms in any hotels,inns, tourist homes or houses,
motels, or other lodging within the Main-Pier Redevelopment sub-area of the Huntington Beach
Redevelopment Project. (2974-12/88,3558-7/02) (See Ordinance No. 3559 for additional information
regarding termination,amendment or modification of 53.28.170.)
• 07/02
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) S
Sections:
14.55.010 ,Purpose C F
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. (3505-10/01)
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. (3505-10/01)
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 Flat 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
Commercial/Industrial - 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
12/01
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. (3505-10/01)
(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. (3505-10101)
•
12101
HUNTINGTON BEACH
MUNICIPAL CODE ,UPDATES
Please Remove from Code Please Add to Code
Chapter 1 .16 Chapter 1 .16
Chapter 5.71 NEW
Table of Contents Table of Contents
Title 5 Title 5
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 Dale Jones, Deputy City Clerk, Records Division
(714) 374 1632
on theT!Bernet :, s .
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 1.16.010--1.16.065
Chapter 1.16
GENERAL PENALTY--ENFORCEMENT
(588-7/52, 1902-3/74, 1905-3/74, 1935-11/74,2996-5/89,3207-10/93,3567-9/02)
Sections:
1.16.010 Violation--Misdemeanor/Infraction
1.16.020 Continuing violation
1.16.030 Penalty--Misdemeanor
1.16.040 Penalty--Infraction
1.16.045 Prosecutor Discretion
1.16.050 Form of action
1.16.060 Repealed (3567-9/02)
1.16.065 Reimbursement of Costs
1.16.070 Repealed (3567-9/02)
1.16.080 Issuance of Subpenas
1.16.010 Violation--Misdemeanor/Infraction. Any person who violates or willfully fails to
comply with any provision of this code is guilty of a misdemeanor or an infraction. (588-7/52,
1902-3/74, 3207-10/93)
1.16.020 Continuing violation. Each person, firm or corporation shall be deemed guilty of a
separate offense for each day or portion thereof during which any violation of any provision of
this code is committed, continued or permitted,by such person, firm or corporation, and shall be
punishable therefor as herein provided. (588-7/52)
1.16.030 Penalty--Misdemeanor. Any person convicted of a misdemeanor under the
provisions of this code (unless otherwise provided herein) shall be punishable by imprisonment
in the city jail, or in the county jail of Orange County, not exceeding six (6) months, or by fine
not exceeding one thousand dollars ($1,000), or by both fine and imprisonment. (588-7/52,
1905-3/74,3567-9/02)
1.16.040 Penalty--Infraction. Any person convicted of an infraction under the provisions of
this code shall be punishable by(1) a fine not exceeding one hundred dollars ($100), for the first
offense; (2) a fine not exceeding two hundred dollars ($200) for the second offense; (3) a fine not
exceeding five hundred ($500) for each additional offense within one year, unless otherwise
provided herein. (588-7/52, 1902-3/74,3567-9/02)
1.16.045 Prosecutor discretion. The City Attorney has discretion to file a complaint charging
any offense in this code as either a misdemeanor or an infraction. (3207-10/93)
1.16.050 Form of action. A violation of this code may be prosecuted by the city attorney in the
name of the people of the state of California, or it may be redressed by civil action at the option
of the council. (588-7/52)
1.16.065 Reimbursement of Costs. In addition to the above penalties the court may order that
the person convicted of a misdemeanor or infraction reimburse the City for all of its costs of
investigation, analyzing and prosecuting the enforcement action against the person convicted; the
court shall fix the amount of any such reimbursement upon submission of proof of such costs by
the City. (3567-9/02)
9/02
1.16.080 Huntington Beach Municipal Code
1.16.080 Issuance of Subpenas. The City Clerk, Personnel Commission and its members, City
Attorney, and Hearing Officers may issue subpenas requiring attendance of witnesses or
production of books,records, or other documents for evidence or testimony in any action or
proceeding pending before the city and administer oaths or affirmations in conjunction with such
action or proceeding. Subpenas shall be signed by the issuing officer and may be served as
subpenas are served in civil actions. (2996-5/89)
5/89
Huntington Beach Municipal Code 5.71.010-5.71.020
Chapter 5.71
ESCORT SERVICE
(3565-7/02)
Sections:
5.71.010 Findings and Purpose
5.71.020 Definitions
5.71.030 Escort Service Permit Required
5.71.040 Application for Escort Service Permit
5.71.050 Escort Service Permit Issuance and Denial
5.71.060 Escort Employee Permit Required
5.71.070 Application for Employee Permit
5.71.080 Employee Permit Issuance and Denial
5.71.090 Change of Business
5.71.100 Fees
5.71.110 Existing Escort Services
5.71.120 Transfer,Duration and Renewal of Permits
5.71.125 Escort Service Change of Location or Name
5.71.130 Employment of Persons Under the Age of Eighteen Prohibited
5.71.140 Age of Customer
5.71.150 Inspection
5.71.160 Daily Register
5.71.170 Permit Suspension and Revocation
5.71.180 Appeal Procedure
5.71.190 Appeal Hearing Rules
5.71.200 Applications Barred for One Year
5.71.210 Violation and Penalty
5.71.220 Unlawful Operation Declared Nuisance
5.71.230 Severability
5.71.010 Findings and Purpose. The City Council finds and declares as follows: (3565-7/02)
A. The permit requirements and restrictions imposed by this Chapter are necessary to protect
the health, safety and welfare of the citizens of Huntington Beach; and (3565-7/02)
B. There has been an increase in the incidence of acts of prostitution,pimping and pandering
and robbery by use of debilitating narcotics in escort services and the establishment of
standards for issuance of permits and restriction on operation would serve to reduce the
risk of illegal activity; and (3565-7/02)
C. The restrictions and requirements contained in this Chapter reduce the burden on the
police department and permit the deployment of the police personnel such that more
serious crimes may be prevented and more important laws be enforced; and (3565-7/02)
D. The regulations and restrictions contained in this Chapter tend to discourage escort
services from degenerating into house of prostitution and the means utilized in this
Chapter bear a reasonable and rational relationship to the goals sought to be achieved.
(3565-7/02)
5.71.020 Definitions. For the purpose of this Chapter,the following words and phrases shall
mean and include: (3565-7/02) .
7/02
5.71.020A—5.71.040C1 Huntington Beach Municipal Code
A. Chief of Police: Chief of Police of the City of Huntington Beach or his or her designee.
(3565-7/02)
B. City Administrator: - City Administrator of the City of Huntington Beach or his or her
designee. (3565-7/02)
C. Employee: Any and all persons who work in or about or render any services whatsoever
to the patrons or customers of escort service. (3565-7/02)
D. Escort: Any person who, for a fee, commission, hire, reward or profit, accompanies other
persons to or about social affairs, entertainments or places of amusement or consorts with
others about any place of public resort or within any private quarters. Excluded from this
definition are any persons employed by any business, agency or person excluded from the
definitions of"escort service"below. (3565-7/02)
E. Escort service: 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 amusements, or who may consort with others about any place
of public resort or within any private quarters. Excluded from this definition are any
businesses, agencies or persons which provide escort services for older persons as
defined in California Welfare and Institutions Code Section 9406, when such services are
provided as part of a social welfare and health program for such older person. (3565-7/02)
F. Operator: Any person operating an escort service, including but not limited to the owner
or proprietor of the premises upon which it is located, and the lessee, sublessee, or
mortgagee in possession. (3565-7/02)
G. Person: An individual, firm,partnership,joint venture, association, social club, fraternal,
organization,joint stock company, corporation, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combination of acting as a unit, excepting the
United States of America, the State of California and any political subdivision thereof.
(3565-7/02)
5.71.030 Escort Service Permit Required. No person shall operate an escort service within the
City of Huntington Beach without first having obtained an escort service permit and securing the
necessary business license as required by this Code. (3565-7/02)
5.71.040 Application for Escort Service Permit. (3565-7/02)
A. Any person desiring an escort service permit shall file a written application on the
required form with the Chief of Police for an investigation. The applicant shall
personally appear at the Police Department of the City of Huntington Beach and produce
proof that the application fee as established by resolution of the City Council has been
paid and shall present the application. (3565-7/02)
B. For purposes of this section, applicant shall mean the owner of the proposed escort.
service, if a sole proprietorship; one general partner, if a partnership; one officer or
director, if a corporation; and one participant,if a joint venture. (3565-7/02)
C. The application shall contain or be accompanied by the following information: (3565-7/02)
l. The type of ownership of the business, i.e.,whether by individual,partnership,
corporation or otherwise. (3565-7/02)
7/02
Huntington Beach Municipal Code 5.71.040C2-5.71.0405i
2. The precise name under which the escort service is to be conducted. (3565-7/02)
3. The complete address and all telephone numbers of the escort service. (3565-7/02)
4. A complete list of the names and resident addresses of all proposed employees in
the escort service and the names and resident address of the manager or managing
employee proposed to be principally in charge of the operation of the escort
service. (3565-7/02)
5. The following personal information concerning the applicant: (3565-7/02)
a. The full,true name and any other names, including aliases, used by the
applicant. (3565-7/02)
b. The present business address and telephone number of the applicant and
previous addresses, if any, for a period of five (5) years immediately prior
to the present address. (3565-7/02)
C. Acceptable written proof that the applicant is at least eighteen(18) years
of age. (3565-7/02)
d. 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. (3565-7/02)
e. The social security number and state driver's license or identification card
of the applicant. (3565-7/02)
f. The applicant's fingerprints on a form provided by the Police Department
and two color photographs clearly showing the applicant's face at least 2"
x 2" taken within the last six (6)months. Any fees for the fingerprints or
photograph shall be paid by the applicant. (3565-7/02)
g. The escort service or similar business history and experience of the
applicant, including but not limited to,whether or not such person in
previously operating an escort service or similar business in this City or
other city under license or permit,has had such license or permit denied,
revoked, or suspended and the reasons therefor. (3565-7/02)
h. All felony convictions of the applicant within the last five(5) years and all
misdemeanor convictions within the last two (2) years of the applicant of
any of the offenses set forth in California Penal Code Sections 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 the equivalent of the aforesaid offenses
outside of the State of California. (3565-7/02)
i. If the applicant intends to operate the escort business under a name other
than that of the applicant the.applicant shall file the fictitious name of the
escort business and show proof of registration of the fictitious name. .
(3565-7/02) .
7/02
5.71.0405j—5.71.050A1 Huntington Beach Municipal Code
j. If the applicant is:
(1) 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; (3565-7/02)
(2) 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. All
individuals owning a twenty percent(20%) or greater equitable interest in
the escort business shall complete and sign all application forms required
of an individual applicant under this Chapter,but only one application fee
shall be charged. (3565-7/02)
6. Authorization for the City, its agents and employees to seek verification of the
information contained in the application. (3565-7/02)
7. 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. (3565-7/02)
8. Such other information and identification as deemed necessary by the Chief of
Police and approved by the City Council. (3565-7/02)
9. A statement in writing signed and dated by the applicant that he or she certifies
under penalty of perjury that all of the information contained in the application is
true and correct. (3565-7/02)
5.71.050 Escort Service Permit Issuance and Denial. (3565-7/02)
A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an
investigation in such a manner as he or she deems appropriate in order to ascertain
whether such permit should be issued as requested. The Chief of Police shall approve,
conditionally approve, or deny the application within sixty(60) days of filing of the
application unless the Chief makes any of the following findings: (3565-7/02)
1. Any person that will be directly engaged or employed in the escort service has
been convicted of a violation of Health &Safety Code Section 11550 or a
violation of Penal Code Sections 266, 315, 316, 318 or 647(b), or has been
convicted in any other state of any offense which, if committed or attempted in
this state, would have been punishable as one or more of the above-mentioned
7/02
Huntington Beach Municipal Code 5.71.050A1 5.71.050A11
offenses, or that any such person is required to register under the provisions of
Penal Code Section 290. (3565-7/02)
2. 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. (3565-7/02)
3. Any person that will be directly engaged or employed in the escort service has
been convicted of any offense involving the sale of a controlled substance
specified in Health &Safety Code Sections 11054, 11055, 11056, 11057 or 11058
or the possession for sale and/or possession of a controlled substance specified in
Health &Safety Code Section s 11054, 11055, 11056, 11057 or 11058 either in
an escort service or while employed by an escort service or has been convicted in
any other state of any offense which would have been punishable as one or more
of the above-mentioned offenses. (3565-7/02)
4. Any person that will be directly engaged or employed in the escort service, has
committed an act which if done by a permittee under the Chapter, would be
grounds for suspension or revocation of the permit. (3565-7/02)
5. Any person that will be directly engaged or employed in the escort service has
had a permit or license to operate an escort service business revoked by the
granting authority. (3565-7/02)
6. Any person that will be directly engaged or employed in the escort service has
been convicted of any act involving dishonesty, fraud, or deceit with the intent to
substantially benefit himself, herself or another or substantially injure another or
an act of violence,which act or acts are substantially related to the qualifications,
functions or duties of the escort service. (3565-7/02)
7. The operations of the escort service would, if allowed, constitute a public
nuisance. (3565-7/02)
8. The applicant has knowingly made a false, misleading or fraudulent statement of
fact to the City in the permit application process. (3565-7/02)
9. The application does not contain the information required by Section 5.71.040.
(3565-7/02)
10. The applicant has not satisfied the requirements of this Chapter. (3565-7/02)
11. The premises where the escort service business will be conducted does not
comply with all applicable laws, including but not limited to, the building,
planning,housing and fire codes of the City of Huntington Beach. (3565-7/02)
7/02
5.71.050B—5.71.070B Huntington Beach Municipal Code.
B. All escort service permit holder shall comply with the following conditions and any other
conditions specified by the Chief of Police on issuance of the escort service permit:
(3565-7/02)
1. No person granted a permit as herein provided shall operate under any name or
conduct business under any designation not specified in his or her permit.
(3565-7/02)
2. The escort service permit holder shall only employ persons who have obtained
and then possess a valid employee permit issued pursuant to this Chapter. Every
escort service permit holder shall report to the Chief of Police any change of
employees, whether by new or renewed employment, discharge or termination,
the report to,contain the name of the employee and the date of change. The report
shall be made within five days of the change. The escort service permittee shall
take all reasonable steps to ensure the return to the Chief of Police of the
employee permit of all employees no longer employed at the escort service.
(3565-7/02)
3. The escort service permit holder shall conspicuously display the escort service
permit in an easily accessible public place within the escort service. (3565-7/02)
4. The escort service shall not refuse the service on the basis of a customer's sex,
race, color, religion, ancestry, national origin or other arbitrary factor prescribed
by the Unruh Civil Rights Act, Civil Code Section 51, et seq. (3565-7/02)
5. The escort service shall have a manager on the premises at all times during when
the escort service is open. The operator of each escort service shall file a
statement with the Chief of Police designating the person or person with power to
act as a manager at the operator's escort service. Whenever the escort service is
open and the operator is absent, the designated manager(s) shall be responsible for
ensuring compliance with Sections 5.71.050(B)(1) of this Chapter. The manager
of each escort service shall take necessary steps to ensure that copies of the
employee permit for each on-duty employee shall be conspicuously displayed in
an easily accessible public place within the escort service. (3565-7/02)
6. The escort service shall comply with all provisions of this Chapter and the
applicable provisions of the Huntington Beach Municipal Code. (3565-7/02)
5.71.060 Escort Employee Permit Required. No person shall work in or about an escort
service in the City of Huntington Beach or perform any services for a customer or an escort
service wherever located,without first securing an escort permit. (3565-7/02)
5.71.070 Application for Escort Permit. (3565-7/02)
A. Any person desiring an employee permit shall personally appear at the City of
Huntington Beach and file a written application on the required form with the Chief of
Police for investigation. The applicant shall accompany the application with the
appropriate application fee as set by resolution of the City Council. (3565-7/02)
B. The application shall contain or be accompanied by the following information: (3565-7/02)
i
7/02
Huntington Beach Municipal Code 5.71.070B1 —5.71.080A
1. A statement of the exact locations of which the applicant will be working as an
employee of an escort service, including the full street address and all telephone
numbers associated with said locations, and the name and address of the escort
services, including the managers and owners of the escort services. (3565-7/02)
2. The following personal information concerning the applicant; (3565-7/02)
a. The full, true name and any other names, including aliases, used by the
applicant. (3565-7/02)
b. The present residence address and telephone number of the applicant and
previous addresses, if any, for a period of five (5)years immediately prior
to the present address. (3565-7/02)
C. Acceptable written proof that the applicant is at least eighteen(18) years
of age. (3565-7/02)
d. Height, weight, color of hair, eyes and sex. (3565-7/02)
e. The social security number and state driver's license or identification card
of the applicant. (3565-7/02)
f. The applicant's fingerprints on a form provided by the Police Department
and two color photographs clearly showing the applicant's face at least 2"
x 2" taken within last six (6) months. Any fees for the fingerprints or
photograph shall be paid by the applicant. (3565-7/02)
g. The escort service or similar business history experience of the applicant,
including but not limited to,whether or not such person, in previously
performing escort services or being employed by an escort service or
similar business in this City or other city under license or permit, has had
such license or permit denied, revoked or suspended and the reasons
therefor. (3565-7/02)
3. All criminal convictions, except minor traffic violations, including date and place
of each such conviction and reasons therefor. (3565-7/02)
4. Authorization for the City, its agents and employees to seek verification of the
information contained in the application. (3565-7/02)
5. A statement in writing signed and dated by the applicant that he or she certifies
that under penalty of perjury that all information contained in the application is
true and correct. (3565-7/02)
6. Such other information and identification as deemed necessary by the Chief of
Police and approved by the City Council. (3565-7/02)
5.71.080 Employee Permit Issuance and Denial. (3565-7/02)
A. Upon receipt of a written application for a permit, the Chief of Police shall.conduct an
investigation in such manner as he or she deems appropriate in order to ascertain whether
such permit should be issued as requested. The Chief of Police shall approve,
7/02
5.71.080A—5.71.080B1 Huntington Beach Municipal Code
conditionally approve, or deny the application within forty-five (45) days of filing of the
application. Said forty-five(45) day period may be continued for an additional thirty
(30) days if necessitated by the occurrence of events beyond the control of the Chief of
Police. The Chief of Police shall issue such permit as requested unless the Chief of
Police makes any of the following findings: (3565-7/02)
1. The applicant has been convicted of a violation of Health and Safety Code
Section 11550 or a violation Penal Code Sections 266i, 315, 316, 318 or 647(b),
or has been convicted in any other state of any offense which, if committed or
attempted in this state, would have been punished as one or more of the above-
mentioned offenses or that the applicant is required to register under the
provisions of Penal Code Section 290. (3565-7/02)
2. 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. (3565-7/02)
3. The applicant has been convicted of any offense involving the sale of a controlled
substance specified in Health &Safety Code Sections 11054, 11055, 11056,
11057 or 11058 either in an escort service or while employed by an escort service
has been convicted in any other 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. (3565-7/02)
4. The applicant has committed an act,which, if done by a permittee under this
Chapter, would be grounds for suspension or revocation. (3565-7/02)
5. The applicant has had a permit license to operate an escort service or to work in or
about an escort service revoked by the granting authority. (3565-7/02)
6. The applicant has been convicted of an act involving dishonesty, fraud, or deceit
with the intent to substantially benefit himself, herself or another or substantially
injure another or an act of violence,which act or acts are substantially related to
the qualifications, functions, or duties of an employee of the escort service.
(3565-7/02)
7. The applicant has knowingly made a false, misleading, or fraudulent statement of
fact to the City in the permit application process. (3565-7/02)
8. The application does not contain the information required by Section 5.71.070.
(3565-7/02)
9. The applicant has not satisfied the requirements of this Chapter. (3565-7102)
B. All employees of the escort services shall comply with the following conditions and any
other conditions.specified by.the Chief of Police.and approved by City Council on
issuance of the employee permit. (3565-7/02)
1. No person granted a permit as herein provided shall operate under any name or
conduct business under any designation not specified in his or her permit. (3565-7/02)
i/02
Huntington Beach Municipal Code 5.71.080B2—5.71.120C
2. The employee of the escort service shall carry a photo identification card prepared
and issued by the Chief of Police on the person when working pursuant to the
permit. If an employee changes his or her business address,he or she shall,
within seven days after such change occurs advise the Chief of Police, in writing,
of the new business address, and obtain from the Chief of Police a new photo
identification card. (3565-7/02)
3. Every employee shall conspicuously display the employee permit in an easily
accessible public place within the escort service. (3565-7/02)
5.71.090 Change of Business. Every escort service permit holder shall report immediately to
the Chief of Police any and all changes of ownership or management of the escort service
including,but not limited to changes of manager or other persons principally in charge, stock
holders holding more than ten percent of the stock of the corporation, officers, directors, and
partners, any and all changes of name, style or designation under which the business is to be
conducted, and all changes of address or telephone numbers of the escort service business. A
change of location of any premises may be approved by the Chief of Police provided that there is
compliance with all applicable regulations of the City of Huntington Beach. (3565-7/02)
5.71.100 Fees. The City Council shall establish by resolution and from time to time, amend fees
for the administration of this Chapter. Fees required by this Chapter shall be in addition to any
required under any other Chapter of this Code. (3565-7/02)
5.71.110 Existing Escort Services. (3565-7/02)
A. Commencing on the date of adoption of this Chapter,permits are to be issued in
accordance with the provisions of this Chapter. Existing escort services may continue in
effect until one hundred and eighty(180) days after adoption of this Chapter. Within one
hundred and eighty(180) days, existing escort services shall apply for an escort service
permit pursuant to this Chapter. (3565-7/02)
B. Persons currently employed by an escort service may remain in such employment until
one hundred and eighty(180) days from the date of adoption of this Chapter. Within one
hundred eighty(180) days, each such person shall apply for an employee permit pursuant
to this Chapter. (3565-7/02)
C. Reasonable extensions of the time period specified above shall be granted by the Chief of
Police upon a proper showing and upon a timely request therefor. (3565-7/02)
5.71.120 Transfer and Duration and Renewal of Permits. (3565-7/02)
A. All escort service permits and escort permits shall be issued for a period of twelve (12)
months and shall expire twelve(12)months from its issuance. (3565-7/02)
B. Applications for the next ensuing permit shall be filed with the Chief of Police before the
expiration of the existing permit. Such renewal applications must be filed no later than.
thirty(30) days prior to the expiration of the permit to permit a lapse of the permit.
(3565-7/02)
C. Each applicant for renewal shall file such information as may be required by the Chief of r
Police to update the information required for his or her original permit application. The
applicant shall accompany the application for renewal with the appropriate filing fee.
(3565-7/02)
7102
5.71.120D-5.71.170B Huntington Beach Municipal Code
D. No permit issued hereunder shall be transferable to any other person or establishment;
provided, however, an additional location or change of location of an escort service will
be allowed upon thirty(30) days' prior written notice to the Chief of Police and the
payment of the appropriate transfer fee. (3565-7/02)
5.71.125 Escort Service Change of Location or Name. (3565-7/02)
A. No escort service 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
Planning Department. Such approval shall not be given unless all requirements and
regulations, as contained in the City's codes, have been met. (3565-7/02)
B. No permittee shall operate, conduct,manage, engage in, or carry on the business of escort
service under any name other than his name and the name of the escort service specified
on his permit. (3565-7/02)
C. Any application for an extension or expansion of a building or other place of business
where an escort service is located shall require inspection and shall comply with the
provisions and regulations of this Chapter and all other city ordinances including zoning
ordinances. (3565-7/02)
5.71.130 Employment of Persons Under the Age of Eighteen Prohibited. It shall be
unlawful for any owner, proprietor,manager or other person in charge of any escort service to
employ any person who is not at least eighteen(18) years of age. (3565-7/02)
5.71.140 Age of Customer. It shall be unlawful for any owner,proprietor,manager or other
person in charge of any escort service to allow any person under the age of eighteen(18) years to
patronize an escort service as a customer or patron. (3565-7/02)
5.71.150 Inspection. The Police Department may, from time to time,during hours of operation,
inspect each escort service that operates within the City of Huntington Beach for the purposes of
determining that there is compliance with the provisions of this Chapter. (3565-7/02)
5.71.160 Daily Register. Every person who engages in, conducts, or carries on the operation of
an escort service shall keep a daily register, approved as to form by the Police Department,
containing the following information: (3565-7/02)
A. The identification of all employees employed by such establishment together with a
duplicate of each of the escort permits of each employee; and (3565-7/02)
B. The hours of employment of each employee for each day. (3565-7/02)
5.71.170 Permit Suspension and Revocation. The Chief of Police may suspend or revoke a
permit if a permittee has: (3565-7/02)
A. Knowingly made any false,misleading, or fraudulent statements in the applications; or
(3565-7/02)
B. Violated any provision of this Chapter or of any statute relating to his permitted activity;
or (3565-7/02)
7102
Huntington Beach Municipal Code 5.71.170C—5.71.200A
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. (3565-7/02)
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 Council , unless permittee has requested a continuance, as
providedelsewhere in this Chapter. If no appeal is filed, the suspension or revocation shall
become effective upon expiration of the period for filing appeals. (3565-7/02)
5.71.180 Appeal Procedure. (3565-7/02)
A. The City Clerk shall schedule a hearing to be held within fifteen(15) days after the filing
of the notice of appeal. (3565-7/02)
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. (3565-7/02)
C. The City Council may grant or deny a 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. (3565-7/02)
D. The City Council shall determine, after consideration of all evidence presented,whether a
permit should be issued,reinstated, suspended or revoked. The decision of the City
Council shall be final. (3565-7/02)
5.71.190 Appeal Hearing. The following rules of evidence shall apply: (3565-7/02)
A. Oral evidence shall be taken only under oath or affirmation. The City Council shall have
authority to administer oaths, and to receive and rule on admissibility of evidence.
(3565-7/02)
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
City Council may call and examine any witness. (3565-7/02)
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. (3565-7/02)
5.71.200 Applications Barred for One Year. (3565-7/02)
A. Whenever any application is filed for a permit under this Chapter and said application has
been denied by the Chief of Police, or a permit issued under this Chapter has been
7/02
5.71.200A—5.71.230 Huntington Beach Municipal Code
revoked, and no appeal has been taken to the City Council or when any appeal from such
denial or revocation has been taken to the City Council and said City Council has
concurred in the judgment or order of denial or revocation, said application for said
permit, or for a like permit for the same location or by the same applicant shall not be
heard by the Chief of Police until the expiration of one year from the date of the previous
denial or revocation of said permit or application. (3565-7/02)
B. There shall be no appeal to said City Council for failure or refusal to hear any such
application or appeal within said one year. (3565-7/02)
C. For the purposes of this section, "same applicant" shall mean a corporation having
substantially the same shareholders as a prior corporate applicant, or a partnership
having substantially the same membership as a prior partnership applicant. "Same
applicant" shall also mean any officer, director, shareholder or partner of a prior
corporate or partnership applicant. (3565-7/02)
D. When any permit is denied solely by reason of Sections 5.71.050(A)(8), 5.71.050(A)(10)
or 5.71.080(A)(7)preventing the granting of said permit, and the requirements of said
sections are subsequently satisfied, the one year prohibition against reapplication will not
apply. (3565-7/02)
5.71.210 Violation and Penalty.
A. Every person, whether acting as an individual, owner, employee of the owner, operator or
employee of the operator, or whether acting as a mere helper for the owner, employee or
operator or whether acting and a participant or worker in any way who operates an escort
service within the City without first obtaining a permit and paying for a license to do so
from the City or violating any provision in this Chapter, shall be guilty of a misdemeanor,
punishable by a fine of Five Hundred Dollars ($500.00) or by imprisonment in the county
jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
(3565-7/02)
B. Any owner, operator,manager or permittee in charge or in control of the escort service
who knowingly employs a person who is not in possession of a valid employee permit as
an employee of the escort service is guilty of a misdemeanor. (3565-7/02)
5.71.220 Unlawful Operation Declared Nuisance. Any escort service 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 escort service and restrain and
enjoin any person from operating, conducting or maintaining an escort service contrary to the
provisions of this Chapter. (3565-7/02)
5.71.230 Severability If any section, subsection, subdivision,paragraph, sentence, clause or
phrase of this Chapter, or application thereof to any person or circumstances, 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 passes such section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact
that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid or ineffective. (3565-7/02)
7/02
: INTtG01EG`FII1VtGtP° �� �
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
1.18 Administrative Citations
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 Building & Safety
2.33 Department of Planning
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
5/02 1
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
5.44 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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.71 Escort Service
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
7ro2 Il
TITLE 8
TITLE 8-HEALTH AND SAFETY
8.04 Food Handling Establishments
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.21 Refuse Management
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 -
7/02 111
TITLE 10 (Continued)
10.32 Movement of Overloads
10.36 Stops and Yields
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
10.84 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
12/01 iv
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
12/01 v
Huntington Beach Municipal Code Title 5 Index--5.04.010(b)
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters-
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 (Repealed, Ord. No. 3560—7/02)
5.41 (Repealed, Ord. No. 3560—7/02)
5.44 Restaurants--Amusement and Entertainment Premises
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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.71 Escort Service
5.72 Fortunetelling
5.74 Harmful Matter
Chapter 5.04
GENERAL PROVISIONS
(766-7/60,838-6/61,904-6/62,1461-2/69, 1924-7/74,1935-11/74,2594-2/83,2679-3/84)
Sections:
5.04.010 Definitions.
5.04.020 Purpose.
5.04.030 Effect on other ordinances.
5.04.040 Effect on past actions and obligations.
5.04.050 Prohibited occupations.
5.04.060 Permit from council required for certain businesses.
5.04.070 Permit--Petition.
5.04.080 Investigation fees.
5.04.090 License not a permit.
5.04.010 Definitions.
(a) "Amusement machine" shall mean any mechanical or electronic game, equipment,machine
or device which is played or operated for.amusement or entertainment,wherein,a sum.of
money is charged or collected for the operation of such machine or device by means of a coin
slot or otherwise.
(b) "Apartment house," as used in this chapter includes any building, or portion thereof,which is
designed,built,rented, leased, let or hired out to be occupied, or which is occupied as the
7/02
5.04.010(b)-5.04.010(h) Huntington Beach Municipal Code
home or residence of two or more families living independently of each other, in which
building or portion thereof, kitchen or cooking facilities are incorporated,whether or not the
occupants do their cooking in said building, and shall include flats and apartments. This
section shall not apply where the building or portion thereof mentioned above consists of two
units on a single lot as long as one of such units is owner occupied.
(c) "Average number of employees," as used in this chapter, includes the total number of
employees in the managing, operating, transacting and carrying on of any business in the city.
The average number of employees for any business having a fixed location in the city means
the average number of persons employed daily for the twelve-month period ending on
December 31 next preceding the date of license application and shall be determined by
ascertaining the total number of hours of service performed by all employees during such
year, and dividing the total number of hours of service thus obtained by the number of hours
of service constituting a day's work, according to the custom or laws governing such
employments, and by again dividing the sum thus obtained by the number of business days in
such year. Provided, further, that the average number of employees for any business not
having a fixed location in the city means the number of persons employed daily for the period
during which the applicant for a license conducts such business, and shall be determined by
ascertaining the total number of hours of service performed by all employees during the three
(3) days, or less, on which the greatest number of persons is employed, and dividing the total
number of hours of service thus obtained by the number of hours of service constituting a
days work, according to the custom or laws governing such employments, and again dividing
the sum thus obtained by the number of business days upon which the total hours of service is
based.
(d) "Bulk-vending machine," as used in this chapter, means a nonelectrically-operated vending
machine, containing unsorted confections, nuts or merchandise which, upon insertion of a
coin or coins, dispenses same in equal portions, at random and without selection by the
customer, excluding "vending machines."
(e) "Business," as used in this chapter, includes professions, trades, and occupations and all and
every kind of calling whether or not carried on for profit.
(f) "General building contractor," as used in this chapter,means a contractor whose principal
contracting business is in connection with any structure built,being built or to be built, for
the support, shelter and enclosure of persons, animals, chattels or movable property of any
kind,requiring in its construction the use of more than two (2) unrelated building trades or
crafts or to do or superintend the whole or any part thereof.
(g) "General engineering contractor," as used in this chapter,means a contractor whose principal
contracting business is in connection with fixed works requiring specialized engineering
knowledge and skill, including the following divisions or subjects: irrigation, drainage, water
power,water supply, flood control, inland waterways, harbors, docks and wharves, shipyards
and ports, levees, river control and reclamation works, railroads, highways, streets and roads,
tunnels, sewers and sewage disposal plants and systems,pipelines and other systems for the
transmission of petroleum and other liquid or gaseous substances,parks,playgrounds and
other recreational works, refineries, chemical plants and similar industrial plants requiring
specialized engineering knowledge and skill,powerhouses,power plants and other utility
plants and installations, land leveling and earthmoving projects, excavating, grading,
trenching,paving and surfacing work and cement and concrete works in connection with the
abovementioned fixed works.
(h) Home occupations. Licenses may be issued for various forms of home occupations to those
persons who have satisfactorily made application for and have successfully obtained a.
variance.
1/01
Huntington Beach Municipal Code 5.04.010ff-5.04.010(o)
(i) "Hotel,motel or rooming house," as used in this chapter, includes any lodging house, motel,
hotel,rooming house, bungalow court, auto court or public or private club containing more
than three guest rooms or units, and which is occupied or is intended or designed for
occupancy by more than three(3) guests,whether rent is paid in money, goods, labor,
services or otherwise and which is maintained, advertised or held out to the public as a place
where sleeping or rooming accommodations are furnished to the whole or any part of the
public whether with or without meals.
(j) "Individual," as used in this chapter,means every person, owner and/or employee actively
engaged in any business in the city of Huntington Beach.
(k) "Peddler," as used in this chapter, means and includes any person not having a fixed place of
business in this city, who for himself, or as agent or representative for or of another, goes
from house to house, and place to place, or at or along the streets of this city offering to sell
tangible objects or articles, goods, wares, merchandise or services, who delivers such object,
article, goods,wares, merchandise or service, in person, to the individual placing the order
for the same, at the time such order is placed and paid for.
(1) "Person," as used in this chapter, includes all domestic and foreign corporations, associations,
syndicates,joint stock corporations, partnerships of every kind, clubs, Massachusetts
business, or common law trusts, societies and individuals transacting and carrying on any
business in the city other than as an employee.
(in)"Solicitors and canvassers," as used in this chapter,means and includes any individual not
having a fixed place of business within the city who for himself or as agent or representative
for or of another, in person or by telephone or by any other means of communication is
engaged in the business of going from house to house and place to place or at or along the
streets of this city, offering to sell intangibles, such as bonds or stock or oil or mining shares
or units, or soliciting or taking orders for future delivery of articles, goods, wares or
merchandise, services or subscriptions inclusive of newspapers, magazines,periodicals,
books and all other publications, and whether collecting advance payments or not, and
inclusive of all persons who thus go from place to place, and from house to house within the
city, in any like or analogous activities, and inclusive of any and all such persons who may or
may not engage in any actual or purported interstate commerce. The terms "solicitor" and
"canvasser" shall not apply to commercial salesmen, agents and the like who sell or take
orders for the sale of wholesale goods to persons maintaining a fixed place of business in this
city who are licensed as prescribed by this title.
(n) "Specialty contractor," as used in this chapter, also means a subcontractor and is a contractor
whose operations as such are the performance of construction or other work requiring special
skill and whose principal contracting business involves the use of specialized building trades
or crafts or other specialized techniques and who is not classified as a general engineering or
general building contractor by the Department of Professional and Vocational Standards of
the State of California, and those various categories of contractors who are not required to be
and who are not licensed as "contractors" by the aforementioned department. The
classification assigned to contractors by the State of California will be used in determining
the fee for issue of license by this city. A license as a specialty or subcontractor will not be
issued to a person classified by the state as a general or engineering contractor unless such
contractor holds a valid subor specialty contractor classification license in addition to his
general or engineering license.
(o) "Vending machine," as used in this chapter,means any weighing, service,merchandise, food
or drink-dispensing machine, or device wherein a sum of money is charged or collected for
the operation of such machine or device by means of a coin slot or otherwise, excluding
"bulk-vending machines." (766-7/60,838-6/61,904-6/62, 1461-2/69, 1924-7/74, 1935-11/74,2594-2/83,
2679-3/84)
8/90
5.04.020-5.04.090 Huntington Beach Municipal Code
5.04.020 Purpose. The ordinance codified herein is enacted solely to raise revenue for
municipal purposes, and is not intended for regulation. (766-7/60)
5.04.030 Effect on other ordinances. Persons required to pay a license tax for transacting and
carrying on any business under this title shall not be relieved from the payment of any license tax
for the privilege of doing such business required under any other ordinance of the City of
Huntington Beach, and shall remain subject to the regulatory provisions of other ordinances.
(766-7/60)
5.04.040 Effect on past actions and obligations. Neither the adoption of the ordinance
codified herein nor its superseding of any portion of any other ordinance of the city shall in any
manner be construed to affect prosecution for violation of any other ordinance committed prior to
the effective date hereof,nor be construed as a waiver of any license or any penal provision
applicable to any such violation,nor be construed to affect the validity of any bond or cash
deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations
thereunto appertaining shall continue in full force and effect. (766-7/60)
5.04.050 Prohibited occupations. Nothing in this title shall be construed to permit the conduct
of any trade,business or occupation which is prohibited by an applicable federal, state or
municipal ordinance or regulation, or which has been declared illegal or to constitute a nuisance
by any governmental or municipal authority. (852-8/61)
5.04.060 Permit from Council required for certain businesses. No license shall be issued for
the conduct of any business which, in the opinion of the City Clerk or his deputies, would be
detrimental to the public health, safety, welfare or moral standards of the City until a permit shall
have first been obtained from the City Council. (838-6/61)
5.04.070 Permit--Petition. Whenever any person,persons, firm, copartnership or corporation
desires to open or keep any business for which, in the opinion of the City Clerk or his deputies,
would require a permit from the City Council, he, she, they or it shall petition the City Council
for such permit in writing. The petition shall set forth the name of the applicant, the character of
the business, the location of the premises where the business is to be conducted, if a firm or
corporation, the names and addresses of all the officers and parties financially interested in the
business, a statement indicating whether or not alcoholic beverages are to be sold on the
premises, and list any and all games and amusement machines and devices to be operated on the
premises. On the hearing of said petition, the council may grant the permit in whole or in part,
may grant a conditional permit, may prescribe insurance or bond requirements or may reject the
petition; and no license shall be issued thereon except as ordered by the council. (838-6/61)
5.04.080 Investigation fees. Investigation fees may be levied against business applicants, firms,
persons or subsequent employees, when so designated by the City Administrator and City
Council. Said fees shall be reasonable and based on standards set by the City Administrator and
shall be payable to the City Clerk prior to the police investigation. Fees are not refundable.
(1171-1/66)
5.04.090 License not a permit. The business licenses issued pursuant to the provisions of this
title constitute a receipt for the license fee paid and shall have no other legal effect. A business
license is a requirement,not a permit to conduct,manage or carry on any business activity within
this city. (838-6/61)
i.
8/90
C\
Huntington Beach Municipal Code 1.16.010--1.16.070 to
Chapter 1.16
GENERAL PENALTY--ENFORCEMENT (J
(588-7/52, 1902-3/74, 1905-3/74, 1935-11174,2996-5/89,3207-10/93)
Sections:
1.16.010 Violation--Misdemdanor/Infraction
1.16.020 Continuing violation
1.16.030 Penalty--Misdemeanor
1.16.040 Penalty--Infraction
1.16.045 Prosecutor Discretion
1.16.050 Form of action
1.16.060 Abatement of nuisance
1.16.070 Public nuisance maintenance--Prosecution
1.16.080 Issuance of Subpenas
1.16.010 Violation--Misdemeanor/Infraction. Any person who violates or wilfully fails to
comply with any provision of this code is guilty of a misdemeanor or an infraction. (588-7/52,
1902-3/74, 3207-10/93)
1.16.020 Continuing violation. Each person, firm or corporation shall be deemed guilty of a
separate offense for each day or portion thereof during which any violation of any provision of
this code is committed, continued or permitted, by such person, firm or corporation, and shall be
punishable therefor as herein provided. (588-7/52)
1.16.030 Penalty--Misdemeanor. Any person convicted of a-misdemeanor under the .
provisions of this code (unless otherwise provided herein) shall be punishable by imprisonment
in the city jail,or in the county jail of Orange County, not exceeding six(6)months, or by fine
not exceeding five hundred dollars ($500), or by both fine and imprisonment. (588-7/52, 1905-3/74)
1.16.040 Penalty—Infraction. Any person convicted of an infraction under the provisions of
this code shall be punishable by fine not exceeding five hundred dollars ($500),unless otherwise
provided herein. (588-7/52, 1902-3/74)
1.16.045 Prosecutor discretion. The City Attorney has discretion to file a complaint charging
any offense in this code as either a misdemeanor or an infraction. (3207-10/93)
1.16.050 Form of action. A violation of this code may be prosecuted by the city attorney in the
name of the people of the state of California, or it may be redressed by civil action at the option
of the council. (588-7/52)
1.16.060 Abatement of nuisances. Whenever a public nuisance is maintained or exists in this
city, either under general law or defined to be such under this code, it shall be the duty of the
police of this city, and they are authorized and empowered, summarily to abate the same by
removal, destruction or abatement of the act or thing constituting such nuisance. (588-7/52)
1.16.070 Public nuisance maintenance—Prosecution. Every person who maintains,permits or
allows a public nuisance to exist upon his or her property or premises, and every person
occupying or leasing the property or premises of another who maintains, permits, or allows a
public nuisance to exist thereon, after reasonable notice in writing from a police officer or health
officer or city attorney to remove, discontinue or abate the same has been served upon such
• person, is guilty of a misdemeanor, and shall be punished accordingly. The existence of such
nuisance for each and every day after the service of such notice shall be deemed a separate and
distinct offense. (1935-11174)
10/93
1.16.080 Huntington Beach Municipal Code
1.16.080 Issuance of Subpenas. The City Clerk, Personnel Commission and its members, City
Attorney, and Hearing Officers may issue subpenas requiring attendance of witnesses or
production of books, records, or other documents for evidence or testimony in any action or
proceeding pending before the city and administer oaths or affirmations in conjunction with such
action or proceeding. Subpenas shall be signed by the issuing officer and.maybe served.as
subpenas are served in civil actions. (2996-5189)
10/93
HUNTINGTON BEACH
MUNICIPAL CODE ,UPDATES
Effective July 3, 2002
Please Remove from Code Please Add to Code
Chapter 5.40 Repealed
Chapter 5.41 Repealed
Chapter 8.20 Repealed
Chapter 8.21 NEW
Table of Contents Table of Contents
Title 5 Title 5
Title 8 Title 8
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
Municipal =Code is3 a Bailable on the Interne`t� �
r http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
y
`HUNTINGTON BEA CH MUNICIPAL 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
1.18 Administrative Citations
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 Building & Safety
2.33 Department of Planning
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
5/02
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
5.44 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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual 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
7/02 11
TITLE 8
TITLE 8-HEALTH AND SAFETY
8.04 Food. Handling Establishments
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.21 Refuse Management
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
7/02 111
TITLE 10 (Continued)
10.32 Movement of Overloads
10.36 Stops and Yields
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
10.84 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
12101 iv
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
12/01 V
Huntington Beach Municipal Code Title 5 Index--5.04.010(b)
Title 5
• BUSINESS LICENSES AND REGULATIONS
Chapters:
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 (Repealed, Ord. No. 3560—7/02)
5.41 (Repealed, Ord. No. 3560—7/02)
5.44 Restaurants--Amusement and Entertainment Premises
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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual Motor Vehicle Towing Service
5.68 Specific Events
5.70 Sex Oriented Businesses
5.72 Fortunetelling
5.74 Harmful Matter
Chapter 5.04
GENERAL PROVISIONS
(766-7/60,838-6/61,904-6/62, 1461-2/69, 1924-7174,1935-11/74,2594-2/83,2679-3/84)
Sections:
5.04.010 Definitions.
5.04.020 Purpose.
5.04.030 Effect on other ordinances.
5.04.040 Effect on past actions and obligations.
5.04.050 Prohibited occupations.
5.04.060 Permit from council required for certain businesses.
5.04.070 Permit--Petition.
5.04.080 Investigation fees.
5.04.090 License not a permit.
5.04.010 Definitions.
(a) "Amusement machine" shall mean any mechanical or electronic game, equipment, machine
or device which is played or operated for amusement or entertainment, wherein a sum of
money is charged or collected for the operation of such machine or device by means of a coin
slot or otherwise.
(b) "Apartment house," as used in this chapter includes any building, or portion thereof,which is
designed, built,rented, leased, let or hired out to be occupied, or which is occupied as the
7/02
5.04.010(b)--5.04.010(h) Huntington Beach Municipal Code
home or residence of two or more families living independently of each other, in which
building or portion thereof, kitchen or cooking facilities are incorporated,whether or not the
occupants do their cooking in said building, and shall include flats and apartments. This
section shall not apply where the building or portion thereof mentioned above consists of two
units on a single lot as long as one of such units is owner occupied.
(c) "Average number of employees," as used in this chapter, includes the total number of
employees in the managing, operating, transacting and carrying on of any business in the city.
The average number of employees for any business having a fixed location in the city means
the average number of persons employed daily for the twelve-month period ending on
December 31 next preceding the date of license application and shall be determined by
ascertaining the total number of hours of service performed by all employees during such
year, and dividing the total number of hours of service thus obtained by the number of hours
of service constituting a day's work, according to the custom or laws governing such
employments, and by again dividing the sum thus obtained by the number of business days in
such year. Provided, further, that the average number of employees for any business not
having a fixed location in the city means the number of persons employed daily for the period
during which the applicant for a license conducts such business, and shall be determined by
ascertaining the total number of hours of service performed by all employees during the three
(3) days, or less, on which the greatest number of persons is employed, and dividing the total
number of hours of service thus obtained by the number of hours of service constituting a
days work, according to the custom or laws governing such employments, and again dividing
the sum thus obtained by the number of business days upon which the total hours of service is
based.
(d) "Bulk-vending machine," as used in this chapter, means a nonelectrically-operated vending
machine, containing unsorted confections, nuts or merchandise which, upon insertion of a
coin or coins, dispenses same in equal portions, at random and without selection by the
customer, excluding "vending machines."
(e) "Business," as used in this chapter, includes professions, trades, and occupations and all and
every kind of calling whether or not carried on for profit.
(f) "General building contractor," as used in this chapter, means a contractor whose principal
contracting business is in connection with any structure built,being built or to be built, for
the support, shelter and enclosure of persons, animals, chattels or movable property of any
kind, requiring in its construction the use of more than two (2)unrelated building trades or
crafts or to do or superintend the whole or any part thereof.
(g) "General engineering contractor," as used in this chapter, means a contractor whose principal
contracting business is in connection with fixed works requiring specialized engineering
knowledge and skill, including the following divisions or subjects: irrigation, drainage, water
power,water supply, flood control, inland waterways,harbors, docks and wharves, shipyards
and ports, levees, river control and reclamation works, railroads, highways, streets and roads,
tunnels, sewers and sewage disposal plants and systems,pipelines and other systems for the
transmission of petroleum and other liquid or gaseous substances,parks,playgrounds and
other recreational works, refineries, chemical plants and similar industrial plants requiring
specialized engineering knowledge and skill, powerhouses,power plants and other utility
plants and installations, land leveling and earthmoving projects, excavating, grading,
trenching,paving and surfacing work and cement and concrete works in connection with the
abovementioned fixed works.
(h) Home occupations. Licenses may be issued for various forms of home occupations to those
persons who have satisfactorily made application for and have successfully obtained a
variance.
1/01
Huntington Beach Municipal Code Title 8 Index--8.04.010(b)
Title 8
lk
HEALTH AND SAFETY
Chapters•
8.04 • Food Handling Establishments
8.08 Repealed
8.12 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way
8.20 (Repealed, Ord.No. 3560—7/02)
8.21 Refuse Management
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)
7/02
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
Huntington Beach Municipal Code 8.21.010-8.21.010(e)
Chanter 8.21
REFUSE MANAGEMENT
Sections:
8.21.010 Definitions
8.21.020 Collection of Refuse and Recyclable Waste Material
8.21.030 Residential Collection Service Charge
8.21.040 Dumping of Refuse prohibited
8.21.050 Occupant responsible for premises
8.21.060 Owner liable for premises
8.21.070 Accumulation prohibited
8.21.080 Storage
8.21.090 Containers and transportation of Refuse—permit
8.21.100 Containers—location
8.21.110 Container—interference
8.21.120 Container—improper substances
8.21.130 Container—removal
8.21.140 Collection—manner
8.21.150 Residential Refuse Collection
8.21.160 Commercial Collection Service
8.21.170 Special Collections—excluded Refuse
8.21.180 Collection of Recyclable Material
8.21.190 Disposal methods
8.21.200 Rules and regulations
8.21.210 Appeals
8.21.220 Unauthorized collection prohibited
8.21.230 Violation—penalty.
8.21.010 Definitions. The following definitions shall apply in the interpretation and
enforcement of these regulations: (3560-7/02)
(a) "Adequate Service"means the combination of the number of collections, the number of
Containers, and the size of Containers necessary so as not to cause the accumulation of
Refuse outside Containers or in excess of Level Full. (3560-7/02)
(b) 'Basic Level of Service" means,with respect to Residential Collection Service, that level
of Collection and disposal service necessary to provide Adequate Service for the
collection of Refuse generated by each single family residence, and each dwelling unit
within a duplex, a triplex, or a fourplex, as specifically provided in any given contract
between the City and any person for collection of such Refuse, or as provided by
resolution of the City Council, excluding Refuse or substances excluded from collection
by regulation of the Director or by contract, as hereinafter provided,Refuse capable
thereof which has not been placed in Containers or bundles within the weight and size
limits hereinafter set forth for Containers or bundles, and any unit of Refuse which
exceeds four feet in length or which exceeds forty pounds in weight. Basic Level of
Service,with respect to Commercial Collection Service, means that level of collection
and disposal service necessary to provide Adequate Service. (3560-7/02)
(c) "City Refuse Collector" means any Person either employed by or under contract with the
City to provide removal, transportation,processing, and disposition of Refuse from
residents and users of premises within the City. (3560-7/02)
(d) "Collection" means the pickup, removal, and transportation of Refuse by any Person
authorized to do so by the City. (3560-7/02)
(e) "Commercial Collection Service" means the collection of Refuse from all property within
the City excluded from Residential Collection Service, or properties subject to
Residential Collection Service which choose to utilize Commercial Collection Service.
(3560-7/02)
7/02
8.21.010(f)-8.21.010(r) Huntington Beach Municipal Code
(fj "Container"means any vessel, tank, receptacle, dumpster, box or bin used or intended to
be used for the purpose of holding any Refuse, Recyclable Material, and Recyclable
Waste Material. Commercial Containers utilized in Commercial Collection Service
include all types of Containers,whereas Residential Containers utilized in Residential
Collection Service shall not include dumpsters or bins. (3560-7/02)
(g) "Corporation"means corporations,partnerships, and all business enterprises, associations
or organizations,however designed. (3560-7/02)
(h) "Director" means the Huntington Beach Director of Public Works or his authorized
representative. (3560-7/02)
(i) "Hazardous Waste"means a waste, or combination of wastes, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may a) cause,
or significantly contribute to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; or b)pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed. (3560-7/02)
(j) "Level Full"means the amount of Refuse deposited in a Commercial Container so that it
shall not exceed the lowest top edge of the Container and still allow the lid of the
Container to be completely closed. (3560-7/02)
(k) "Non-combustible Refuse"means ashes, bottles, broken crockery, glass, tin cans and
metallic substances or any other substances that will not incinerate through contact with
flames of ordinary temperature. (3560-7/02)
(1) "Person" means any individual, firm, governmental unit, organization, partnership,
corporation, company or other entity. (3560-7/02)
(m) "Processing"means reduction, separation, recovery, conversion or recycling of Refuse.
(3560-7/02)
(n) "Recyclable Material' means materials which are segregated at the source from other
Refuse for the purpose of Recycling and includes,but is not limited to,paper, glass,
metals,wood,plastics, wastes,bulky goods,waste oil, and construction and demolition
materials and which is sold by the owner thereof to a third party. (3560-7/02)
(o) "Recyclable Material Collection"means the collection, transportation, storage, transfer,
or processing of Recyclable Materials. (3560-7/02)
(p) "Recyclable Waste Material'means discarded materials such as,but not limited to,
newspapers, glass and metal cans,which are separated from other Refuse for the purpose
of Recycling and which are not sold to a third party. (3560-7/02)
(q) "Recyclable Waste Material Collecting"means the collection, transportation, storage,
transfer, or processing of Recyclable Waste Material. (3560-7/02)
(r) "Recycling"means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise be disposed of by landfilling or
transformation, and returning materials to the economic mainstream in the form of raw
material for new, reused, or reconstituted products. (3560-7/02)
7102
Huntington Beach Municipal Code 8.21.010(s}-8.21.030
(s) "Refuse" means all putrescible and non-putrescible solid, and semisolid wastes, including
garbage, trash, refuse,paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not Hazardous
Waste,manure, vegetable or animal solid or semi-solid wastes, and other discarded solid
or semi-solid wastes,but not including Hazardous Waste, radioactive waste regulated
pursuant to the State Radiation Control Law, untreated medical waste regulated pursuant
to the State Medical Waste Management Act, and liquid waste. Recyclable Waste
Material is considered Refuse for purposes of this Chapter. Materials that are sold or
donated by the owner thereof to a third party, and thereafter recycled, are not considered
Refuse for purposes of this Chapter. The term"Refuse" shall be synonymous with the
term"solid waste" as used in the Integrated Waste Management Act,Public Resources
Code §40000, et seq. (3560-7/02)
(t) "Refuse Collection"means the collection, transportation, storage, transfer, disposal, or
processing of Refuse. (3560-7/02)
(u) "Residential Collection Service"means the collection of Refuse from each single-family
residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving
noncommercial Refuse Collection Service. It shall not include any hotel, motel, lodge,
hall, club, tourist camp, trailer camp, mobilehome park, church,business or industrial
establishment, or any lot containing more than four dwelling units. (3560-7/02)
8.21.020 Collection of Refuse and Recyclable Waste Material.
(a) The collection of Refuse and Recyclable Waste Material shall be performed exclusively
by the City Refuse Collector. The City Council may regulate,by ordinance or resolution,
all aspects of the Residential Refuse Service and the Commercial Refuse Service,
including, but not limited to, frequency of collection, means of collection and
transportation, level of services, charges, fees, and nature, location, and extent of
providing such Services. (3560-7/02)
(b) Any other provision of this Code to the contrary notwithstanding, the City may enter into
contracts with responsible persons for the collection of Refuse within the City utilizing
such procurement procedures and upon such terms and conditions as are deemed
appropriate by the City Council. (3560-7/02)
(c) In the event of an emergency or other unforeseen or unpreventable circumstances
in which the City Refuse Collector is unable to maintain Refuse Collection
Services, the City Administrator may issue limited or temporary permits for a
period not to exceed thirty(30) days to persons or corporations to perform any of
the services covered by this Chapter. Any service beyond thirty(30) days shall be
approved by the City Council. (3560-7/02)
8.21.030 Residential Collection service charge. There shall be a charge for Residential
Collection Service which rates shall be established from time to time by resolution of the City
Council. Such charge shall apply to persons occupying single-family dwellings, and each
dwelling unit within a duplex, a triplex or a fourplex. A dwelling shall be deemed occupied if
connected to an active water service. This charge shall not apply to persons occupying
residential units such as apartments,mobilehome parks, or other multi-family complexes, who
are currently contracting directly with the City Refuse Collector. (3560-7/02)
Any person receiving Residential Collection Service who is sixty-two years of age or older shall
be exempt from the charge imposed by this section 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" currentlyon file in the City's Department of Economic Development, for the
calendar year prior to the fscal year(July 1 through June 30) for which the exemption provided
by this chapter is applied. (3560-7/02)
7/02
8.21.040-8.21.090 Huntington Beach Municipal Code
8.21.040 Dumping of Refuse prohibited. It shall be unlawful for any person to cast, deposit,
place, sweep, throw, discard or leave any Refuse or cause such Refuse to be cast, deposited,
swept,placed, thrown, discarded or left in any place, public or private, within the City, without
the express permission of the owner of the premises. (3560-7/02)
8.21.050 Occupant responsible for premises. Every person occupying, using or controlling any
premises shall keep the premises in a clean and sanitary condition, and no person shall permit
any Refuse, sewer effluent, excrement, slop or stagnant water,butcher offal, market refuse, dead
animal or any other noxious or offensive matter of any kind, or any other substance that may
become offensive, to be deposited or to remain thereon except as otherwise provided by law.
(3560-7/02)
8.21.060 Owner liable for premises. The owner of any premises shall be liable for the costs to
the City for the enforcement of any provision of this Chapter. (3560-7/02)
8.21.070 Accumulation prohibited. No person occupying, using or controlling any premises
shall permit any Refuse to accumulate thereon, nor shall any such person maintain any
accumulation of Refuse thereon, unless in either event the same is stored in a manner approved
by the Director or by law. It shall be unlawful for any person to dump, deposit,place or bury
Refuse in or upon any lot, land, street, or alley, whether public or private,nor throw such Refuse
in any creek, stream, water or water way within the City. Any unauthorized accumulation of
Refuse on any premises is hereby prohibited and declared to be a nuisance. (3560-7/02)
8.21.080 Storage.
(a) Refuse shall be stored in a Container of a type approved by the Director. Every such
Container shall be constructed of metal, plastic, or equally durable material, in such
manner as to be strong, watertight, not easily corrodible, fly proof, and rodent proof.
Such Container shall have handles or other attachments designed for and capable of
lifting, and shall be kept covered at all times, except when Refuse is being deposited or
removed from such container. Commercial Containers shall be kept in a Level Full
condition. The cover shall completely and tightly close the Container so as to render it fly
and rodent proof and so that no Refuse may be visible. A sufficient number of Containers
shall be provided for the Basic Level of Service, in order to insure that all Refuse is
contained within completely covered Containers until such time as the Refuse is
collected. (3560-7/02)
(b) Refuse shall be stored in such a manner that it will not provide harborage to rats, nor
cause a fire hazard. (3560-7/02)
(c) Sturdy, grease-resistant, water proof, nonreturnable,plastic bags which are
specifically designed for garbage and Refuse may be used for Residential
Collection Service provided that each bag has a capacity not to exceed thirty-two
(32) gallons and shall not weigh more than sixty(60)pounds when filled and the
opening is secured so that contents cannot be removed, spilled or seen, and the
weight does not cause the bag to tear when handled. Such bags shall comply with
all of the requirements of subsections (a) and(b)except for the requirements of
handles and covers. Residential Collection Service may include tree trimmings
and other similar matter which shall be tied in bundles measuring not more than
four feet long and weighing not more than forty pounds. (3560-7/02)
8.21.090 Containers and transportation of Refuse--permit. No Person other than the City
Refuse Collector shall transport Refuse or Recyclable Material in a conveyance or Container that
has not been approved by the Director. Such Persons shall obtain a permit from the Director,
which shall be prominently displayed on such conveyance or Container. All vehicles and
Container used in collecting and transporting Refuse or Recyclable Material shall be provided
with metal bodies so constructed as to be leakproof and to prevent the escape of offensive odors
and loss, spillage or blowing away of any contents collected or transported within the City. Such
vehicles and Containers shall be thoroughly cleaned to eliminate odors and decayed materials.
(3560-7/02)
7/02
Huntington Beach Municipal Code 8.21.100-8.21.130(c)
8.21.100 Containers--location. Property owners and tenants are each responsible for the
placement of Residential Containers and any accumulation of Refuse which is for collection, and
which shall be kept or placed in such a manner as not to be visible from any street or alley,
whether public or private, except from noon on the day preceding collection to 10 p.m. on the
day of collection. During the period of collection, Containers and any accumulation of Refuse
shall be placed, outside of any enclosures, no later than 6:30 a.m., as follows, unless otherwise
directed by the Director: (3560-7/02)
(a) On alley. On the premises, at the rear property line, where there is a through alley in the
rear of the premises; (3560-7/02)
(b) Access from side entrance. On the premises at an accessible point adjacent to any side
entrance thereto where no through alley exists; (3560-7/02)
(c) At curb. At the curb in front of the premises, where no through alley or side entrance
exists. (3560-7/02)
8.21.110 Container--interference.No person except the owner thereof, his agent or employee,
a duly authorized City employee, or any employee of the City Refuse Collector, shall interfere in
any manner with any Container, or any accumulation of Refuse which is placed for Collection,
nor shall any person remove such Container or accumulation from the location where it shall
have been placed by the owner, his agent or his employee. (3560-7/02)
8.21.120 Container--improper substances. No person shall place or cause or permit to be
placed in any Container any substance or material other than Refuse as defined in this Chapter.
Large items included in the definition of refuse, exceeding four feet (4') in length or forty(40)
pounds in weight, shall not be placed in refuse containers. Persons wishing to dispose of such
large items shall inform the City Refuse Collector and make special arrangements to have the
items removed. The City Refuse Collector may levy a charge for removal of such items under a
schedule and formula to be uniformly applied,based on weight and size of the items,which
formula and schedule shall have been approved by the Director. The City Refuse Collector shall
not be required to collect Hazardous Waste. (3560-7/02)
8.21.130 Container—removal.
(a) The Director may cause to be posted a notice on any Container which does not display a
permit issued pursuant to Section 8.21.090, or on any Container illegally placed on public
or private property. The notice shall specify the nature of the violation and shall state that
the Container must be removed within twenty-four(24)hours or it may be removed and
stored by the City, and the contents disposed of, at the expense of the owner thereof. The
posting of a notice to remove shall constitute constructive notice to the owner and user of
the requirement to remove the Container. (3560-7/02)
(b) If the Container is not removed within twenty-four(24)hours after the notice to remove
is posted, the Director may order the removal and storage of the Container and the
disposal of its contents. The owner of the Container shall be responsible to the City for
the actual cost of removal, storage, and disposal. All amounts due to the City for the cost
of removal, storage and disposal shall be paid before the Container is returned to the
owner. Such amounts shall constitute a debt owed by the owner to the City, and the
owner shall be liable to the City in an action brought by the City for the recovery of such
amounts. (3560-7/02)
(c) If the identity of the owner of a Container that has been removed by the City is known to
the Director, the Director shall promptly cause notice to be mailed to the owner to claim
the stored property. If the Container is not claimed within ninety(90) days after removal
and notice to the owner, or ninety(90) days after removal if the identity of the owner is
unknown to the Director, the Container and its contents shall be deemed abandoned
property and may be disposed of accordingly. (3560-7/02)
7/02
8.21.140-8.21.170(d) Huntington Beach Municipal Code
8.21.140 Collection--manner. The owner, occupant, tenant or lessee of any premises
shall provide or cause to be provided, Basic Level of Service for the removal of Refuse 1�
from said premises. Properties utilizing Commercial Collection Service shall provide
Adequate Service. The City Refuse Collector shall remove from the premises all Refuse
which has been properly placed for collection,whenever such Refuse is of a type and in
an amount provided by contract with the City. Any removal of Refuse by the City Refuse
Collector, or any person shall be performed in a neat, orderly and quiet fashion,without
causing damage to the Container or the lid. Any spilled matter shall be picked up by the
person responsible for the spillage, and the premises shall be left in a clean and orderly
condition. Overfilled Containers of Refuse creating accumulations of Refuse in or at the
pickup site, shall be the responsibility of the premises owner for clean up. The security
and proper Level Full Container shall be the responsibility of the premises owner. All
additional collection of any type of Refuse that does not fit into a Container or causes an
overfull Container shall be the responsibility of the premises owner along with any
additional costs for removal or extra collection services. Refuse lawfully placed for
collection shall be the property of the City of Huntington Beach from the time of
placement until the time of collection and shall become the property of the City Refuse
Collector from the time of collection to the time of disposal. (3560-7/02)
8.21.150 Residential Refuse Collection. The City Refuse Collector shall operate and maintain
Residential Refuse Collection in the City by providing the Basic Level of Service on a regularly
scheduled basis, approved by resolution of the City Council, not less frequently than once each
week. The Director may by regulation exclude from such service any item or substance deemed
hazardous, obnoxious or otherwise inappropriate for such service. (3560-7/02)
8.21.160 Commercial Collection Service. Persons owning or operating premises utilizing
Commercial Collection Service shall contract with the City Refuse Collector for the provision of
the Basic Level of Service. The Director may, by written order, require the owner and/or
manager of any premises subject to Commercial Collection Service to provide Adequate Service
to the premises In question. (3560-7/02)
8.21.170 Special Collections--excluded Refuse.
(a) Refuse exceeding the limitation set forth in this Chapter may be scheduled for special
Collection either at regular special Collection dates or by arrangement with the City
Refuse Collector. (3560-7/02)
(b) The City Refuse Collector shall make available Containers and drop-off bodies,provide
additional collections not required by this Chapter,pick up Refuse at points other than as
required in this Chapter or provide for the collection of greater volumes of Refuse per
collection than required in this Chapter, any or all of these additional services at the
request of the person or business being served. The City Refuse Collector may make a
direct charge in each instance for such additional service under a written agreement which
shall be subject to the approval of the Director and at such rates as are reasonable,just
and uniform for all persons or businesses being served. All such direct charges shall be
collected by the City Refuse Collector. (3560-7/02)
(c) The removal of wearing apparel, bedding or other refuse from homes,hospitals, or other
places where highly infectious or contagious diseases have prevailed, shall be performed
under the supervision and direction of the County Health Officer, and such Refuse shall
neither be placed in Containers nor left for regular Collection and disposal. (3560-7/02)
(d) Highly inflammable or explosive or radioactive Refuse shall not be placed in Containers
for regular Collection and disposal, but shall be removed under the supervision of the Fire
Chief at the expense of the owner or possessor of the material. (3560-7/02)
7/02
Huntington Beach Municipal Code 8.21.270(e)-8.21.230(d)
(e) The Director may, by written permit, authorize provision of bins and drop-off bodies if
the City Refuse Collector fails to provide such service within five(5) calendar days after
a customer order and such service is not thereafter provided within forty-eight (48)hours
after notice to the City Refuse Collector of such failure by the Director. (3560-7/02)
8.21.180 Collection of Recyclable Material. Persons collecting Recyclable Material within the
City shall, in addition to obtaining a business license, obtain a Recyclable Material Collection
and Disposal Permit from the Director prior to commencing such collection and annually
thereafter. Persons operating under such a Permit shall, on a quarterly basis or at such times as
determined by the Director, submit a report to the Director specifying the amount of Recyclable
Material collected within the City, the location(s) from which the Recyclable Material was
collected, and the location(s) to which the Recyclable Material was brought. Such report shall be
kept confidential unless otherwise provided by law. Failure to submit timely reports shall be a
basis for revocation of the Recyclable Material Collection and Disposal Permit. The Director
shall have the right to audit the records of Persons who have received a Permit pursuant to this
Section. (3560-7/02)
8.21.190 Disposal methods. The City Refuse Collector shall dispose of Refuse in a manner
approved by the Director and consistent with the provisions of this Chapter. (3560-7/02)
8.21.200 Rules and regulations. The Director shall make such rules and regulations as
may be necessary, reasonable, and proper to enforce the provisions of this Chapter. A
copy of any rule or regulation promulgated by the Director shall be provided to the City
Council. (3560-7/02)
8.21.210 Appeals. Any person adversely impacted by a ruling of the Director may appeal such
ruling to the City Administrator. The appeal shall be in writing to the City Administrator and
shall set forth the basis of the appeal. The City Administrator, or his designee, shall hold a
hearing on the appeal within thirty(30) days of receipt of the written appeal. The City
Administrator, or his designee, shall render a written decision within thirty(30) days after the
close of the hearing on the appeal by providing it to the appellant by first class mail. The
decision of the City Administrator shall be final. (3560-7/02)
8.21.220 Unauthorized collection prohibited. No person other than the City Refuse Collector
shall scavenge or otherwise remove Refuse or Recyclable Waste Material that has been placed at
the designated collection location. (3560-7/02)
8.21.230 Violation--penalty.
(a) It shall be unlawful for any person to provide Refuse service within the City without the
permission of the Director. (3560-7/02)
(b) It shall be unlawful for any person to utilize Refuse collection service by a Person not
permitted to provide such service by the Director. (3560-7/02)
(c) Any person who violates any provision of this chapter shall be subject to the provisions of
Chapters 1.16 and 1.18 of this Code. (3560-7102)
(d) The provisions of this chapter shall be enforced by City Police, Code Enforcement
Officers, or by any City department authorized to do so by the City Administrator.
(3560-7/02)
7/02
Ayy
l
HUNTINGTON BEACH
MUNICIPAL CODE ,UPDATES
Effective June 5, 2002
Please Remove from Code Please Add to Code
Chapter 10.12 Chapter 10.12
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 Rebecca Ross, Deputy City Clerk, Records Division
(714) 536 5210
� Munrc�pal„ Code �s available%on the lnternet� �
z .
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, 1997-9/75,2066-7/76,2316-10/78,2325-11/78,2358-5/79,2388-9/79,2421-5/80,
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.3204-7/93,3230-4/94,3272-1/95,3328-6/96,3380-12/97,3383-3/98,3448-1/00,Urg.3476-9/00,
3479-12/00,3495-5/01,3555-6/02)
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)
6/02
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,
3230-4/94,3328-6/96,3380-12/97,3383-3/98,3448-1/00,Urg.3476-9/00,3479-12/00)
(REST OF PAGE INTENTIONALLY LEFT BLANK)
12/00
Huntington Beach Munci al Code 10.12.080
STREETv .. , BETWEEN SPEED
. 1st PCH Atlanta 35
. 3_
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
Argos ArgosX Bolsa Chica Graham 40
Atlanta 1 st Delaware 30
Delaware Beach 35
Beach Newland 40
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Bannina Ma olia 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 FM 35
Channel ral Admi . ... . . ..... �,
Gilbert 30
Cla Main Beach 30
Coldwater Adams Yorktown 30
Countess Portofino Edin er 30
Daven ort Ed ewater Al on uin 35
5/01
10.12.080 Huntington Beach Municipal Code
STREET BETWEEN SPEED
Delaware Atlanta Adams 35
Adams Garfield 35
Garfield Main 35
g Bolsa
Edin er ... .... West City Limit. ... _ .. . Ch.
ica 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 Ci 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 Munici al 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
Main Garfield 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 olia East City Limit 45
Heil Saybrook Bolsa Chica 35
Bolsa Chica Springdale 40
Springdale Golden West 40
Golden West Beach 40
Beach Newland 40
Newland East Ci Limit 35
,N... _ w . o
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 Indiana olis 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 F 45
.�
Main Street PCH 6th 25
6ffi Adams 30
Adams Yorktown 35
Yorktown Garfield 40
Garfield Delaware 40
Delaware Ellis/Beach 35
6/02
10.12.080 Huntinuton Beach Munidul Cod
STREET BETWEEN SPEED
tis ........... ......
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 Edinge 45
..........
Orange 1st 17 30
17th Golden West 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 1601 S/O 12th 35
160' S/O 12th 17th 45
17th 15 0' S/O 20th 45
150' S/O 20th 20th 50
20th Golden West 50
Golden West 6200'N/O Golden West 50
6200'N/O Golden West 800' S/O Warner 55
800' S/O Warner North Ci!x Limits 40
Palm Main Golden West 30
Golden West Sea omt 40
Parkside Holt Edin&er 30
Peninsula Summit Garfield 35
Promenade Gothard Main 30
Rancho Bolsa Chica North/East UY Limits 40
..........
Saybrook Davenport Humboldt 30
Humboldt EdiUFr 40
..PCH..........
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 point PCH Garfield 40
Sher Juliette Low Edinger 30
..,r .�_..,.....A -_ w
Slater Graham Springdale 45
Springdale Edwards 45
Edwards Golden West 45
Golden West 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 Ci Limits 45
S lab West of Rancho Rd S rin dale 40
Summit . ,.. .._. _ . ..,,Sea oint G ..... . . „ .
olden West 35
Talbert West CityLimit z . , Ed w
wards 40
Golden West Gothard 40
Gothard Beach 40
Beach Newland 45
Varsi Drive Edwards Talbert 30
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
6/02
Huntington Beach Municipal Code 10.84.005--10.84.005(d)
Chapter 10.84
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, 3556-6/02)
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.
6/02
10.84.005(e)--10.84.060(a) 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 first
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, 3556-6/02)
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 in accordance with
California Vehicle Code section 39004 are: (3556-6/02)
(a) For each new bicycle license and registration certificate, the sum shall not exceed four
dollars ($4.00)per year or any portion thereof; (3556-6/02)
6/02
Huntington Beach Municipal Code 10.84.060(b)--10.84.130
(b) For each transfer of ownership which requires a new registration card, the sum shall not
exceed two dollars ($2.00); (3556-6/02)
(c) For reissue of registration card or license tag lost, stolen, destroyed, mutilated or illegible,
the sum shall not exceed two dollars ($2.00); (432-1/40, 736-12/59, 1784-12/72, 1969-4/75,
2059-6/76, 3556-6/02)
(d) For each bicycle license renewal, the sum shall not exceed two dollars ($2.00)per year.
(3556-6/02)
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 tat 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)
6/02
10.84.140--10.84.250 Huntington Beach Municipal Code
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. (22-8/09,322-1129,
1784-12/72, 1913-5/74, 2270-3/78)
10.84.170 Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk,
such person shall yield the right-of-way to any pedestrian, and when overtaking and passing a
pedestrian shall give an audible signal. A person riding a bicycle off a sidewalk and onto a
roadway shall yield to all traffic on the roadway. (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.
(1913-5174, 2175-4177)
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)
11/97
Huntington Beach Municipal Code 10.84.260--10.84.280
` • 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.
(1913-5/74,2059-6/76,2148-1/77,21754/77)
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 10.12.010-10.12.040
Chapter 10.12
SPEED LIMITS
(1935-11174,1947-12/74,1997-9R5,2066-7176,2316-10178,2325-11/78,2358-W%2388-9/79,2421-5/80,
Urg Ord 2422-3180,2432-6180,2527-2/82,2624-7/83,2654-11/83,2670-11183,2715-9/84,2878-12/86,2883-12/86,3133-8/92,
3181-3/93,3188-3193,Urg.3204-7/93,3230-4/94,3272-1/95,3328-6/96,3380-12/97,3383-3198,3448-1/2000,Urg.3476-9/2000; .
3479-12/2000,3495-5101)
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. (1935-11/74,1947AW74,206& 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. (1935-11/74,1947-12/74,1997-9/75,2066-7/76,238&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 10.12.080 shall be and is thirty-five(35) miles per hour. (1935-11n4,1947-12n4,2358-5/79,Urg
Ord 2422-3/80,2527-2/82,2654-11/83,2670-11/83,2715-9/84,2878-12186,3133-8/92,3230-4194,3272-1/95.3380-12/97)
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. (1935-11n4,1947-12/74,1997-9n5,2066-7n6,2316-10n8,235&5n9,2421-5180,
2432-6/80,2527-2182,2624-7183,2715-9/84,2878-12186,2883-12186,3133-8/92,3230-4194,3272-1/95,3380-12/97)
5101
i
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, 1947-12/74,2358-5n9,
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) mules per hour. (1935-11/74,1947-12/74,3133-8/92,Urg.3204-7/93,3230-4/94,3380-12197)
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.1.0.12.080 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. (3133-8192)
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-s/92,
3230-4/94,3328-6/96,3380-12/97,3383-3/98,3448-1/2000,Urg.3476-9/2000,3479-1212000)
(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
Ma olia Bushard 45
Bushard Brookhurst 45
Brookhurst Santa Ana River 45
Algonquin Warner Heil 35
4aosx Bolsa Chica Graham 40
Atlanta 1st Delaware 30
Delaware Beach 35
Beach Newland 40
Newland Magnolia 40
Magnolia Bushard 40
Bushard Brookhurst 40
Banning Ma olia 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 Bolsathica Springdale dale 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 I405 F 35
Channel Admiraltj Gilbert 30
Clay Main Beach 30
Coldwater Adams Yorktown 30
Countess Portofino Edinger 30
Daven ort Edgewater Al on uin 35
. srol
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 Ci 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 Munici al 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 olis 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 21 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 I-405 (San Die o F 45
Main Street PCH 6th 25
6 thAdams 30
• Adams Yorktown 35
Yorktown Garfield 40
Garfield Delaware 40
Delaware Ellis/Beach 35
5101
10.12.080 Huntin gon Beach Municipal Code
STREET BETWEEN SPEED •
McFadden Bolsa Chica Chemical 25
Chemical Graham 35
Graham Springdale 45
S rin dale . Edwards 45
Edwards Golden West 45
Golden West Gothard 45
Gothard East Citi 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 1 st 17 30
17th Golden West 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/0 Huntington 45 �.
800'N/O Huntington Main 35
Main 160' S/0 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/O Golden West 50
6200'N/O Golden West 800' S/O Warner 55
800' S/O Warner North Ci Limits 40
Palm Main Golden West 30
Golden West Sea point 40
Parkside Holt Edinger 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 oint PCH Garfield 40
Sher Juliette Low Edin er 30
Slater Graham Springdale 45
Springdale Edwards. 45
Edwards':. Golden West 45.
Golden West 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 Ci Limits 45
Skylab West of Rancho Rd S rin dale 40
Summit Sea oint Golden West 35
Talbert West City Limit Edwards 40
Golden West Gothard 40
Gothard Beach 40
Beach Newland 45
Ward Yorktown. Garfield 45 .
. Wamer PCH Algonquin 50
Algonquin Graham 45
Graham Edwards 45
Edwards Golden West 45
Golden West Gothard 45
Gothard Beach 45
Beach Newland 45
Newland MMnolia 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
5101
Huntington Beach Municipal Code 10.84.005-10.84.005(d)
Chapter 10.84
• �'W f BICYCLE REGULATIONS
(22-8109, 322-1/29, 344-10/31, 432-1/40, 554-12/49, 736-12/59, 1784-12/72, 1913-5174, 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
10.84180 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.
10 A "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,
2175-4177)
(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. (1969-4f75, 2059-6176)
10.84.020 Rep_istration—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, 1969-475)
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. (432-1140,
1784-12f72, 1969-475,2059-6f76)
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. (432-1i40, 736-12/59, 1784-12r72,
1969-4/75, 2175-4f77)
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 Reeistration 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
-
(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, 1784-12172)
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. (1784-12R2, 1913-5174)
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. (1784-12172, 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 Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk,
such person shall yield the right-of-way to any pedestrian, and when overtaking and passing a
pedestrian shall give an audible signal. A person riding a bicycle off a sidewalk and onto a
roadway shall yield to all traffic on the roadway. (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. (1784-12f72, 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, 2175-4R7)
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.
(1913-5l74, 2059-6l76,2148-1/77,2175-4/77)
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 1, 2002
Please Remove from Code Please Add to Code
Chapter 2.32 Chapter 2.32
Chapter 2.33-new
Chapter 3.56 Chapter 3.56
Chapter 8.32 Chapter 8.32
Chapter 8.36 Chapter 8.36
Chapter 8.48 Chapter 8.48
Table of Contents Table of Contents
Title 2 Title 2
Title 14 Title 14
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
Municipal ,Code �s available one the lnternef a
http://www.ci.huntington-beach.ca.us
or
http://www.hbsurfcity.com/clerk
Huntington Beach Municipal Code 2.32.010--2.32.050
Chanter 2.32
DEPARTMENT OF BUILDING AND SAFETY
(652-11/56, 1814-3/73,2217-10/77,2330-1/79,3222-1/94, 3392-5/98, 3548-5/02)
Sections:
2.32.010 Department established
2.32.020 Director--Appointment
2.32.030 Objectives
2.32.040 Director--Powers and Duties
2.32.050 Appointment of Subordinates
2.32.010 Department established. There is hereby created the Department of Building and
Safety of the City of Huntington Beach. (652-11/56,2330-1/79,3548-5/02)
2.32.020 Director--Appointment. The Director of Building& Safety 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, 3220-1/94,3548-5/02)
2.32.030 Obiectives.
(a) Administer and enforce state and local construction regulations to protect the health and
safety of the community. (3548-5/02)
(b) Utilize automation to improve the access to information and services. (3548-5/02)
(c) Provide plan review and inspection services in a professional, flexible and equitable
. manner. (3548-5/02)
(d) Perform such other related duties as shall be required by law, ordinance or the City
Administrator. (3548-5/02)
2.32.040 Director--Powers and Duties.
(a) The Director of Building& Safety shall be responsible for the administration and
enforcement of appropriate sections of Title 17 of the Huntington Beach Municipal Code.
(3548-5/02)
(b) In addition to the foregoing, the Director of Building & Safety 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. (3548-5/02)
(c) Whenever in this code, the Huntington Beach Ordinance Code, or any resolution, adopted
by the City Council, reference is made to the Department of Building & Safety and/or the
directors of such departments, such references shall mean the Department of Building&
Safety and the Director of Building& Safety. (3548-5/02)
2.32.050 Appointment of Subordinates. The director,with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the
Department of Building& Safety. (3548-5/02)
5/02
Huntington Beach Municipal Code 2.33.010—2.33.040(a)
Chapter 2.33
DEPARTMENT OF PLANNING
(3550-5/02)
Sections
2.33.010 Department Established
2.33.020 Director--Appointment
2.33.030 Department Objectives
2.33.040 Director--Powers and duties
2.33.050 Appointment of Subordinates
2.33.010 Department established. There is hereby created the Department of Planning of the
City of Huntington Beach. (3550-5/02)
2.33.020 Director--Appointment. The Director of Planning 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. (3550-5/02)
2.33.030 Department Objectives. The objectives of the Department shall be as
f011OWS: (3550-5/02)
(a) Provide long-range data analysis and comprehensive planning, including
statistical research, neighborhood planning and analysis, special projects, and
methods of implementing plans and programs; (3550-5/02)
(b) Administer ongoing and continuing planning and zoning functions, including
administration of zoning and subdivision ordinances; (3550-5/02)
(c) Provide services to developers and investors to assist in facilitating
development or to encourage new development in accordance with policies of
the City Council; (3550-5/02)
(d) Administer and enforce laws, ordinances, regulations and programs related to
housing, zoning and property maintenance; (3550-5/02)
(e) Provide staff services and support to the Planning Commission, Zoning
Administrator, Design Review Board, Environmental Board, Subdivision
Committee, Environmental Assessment Committee, and other committees,
subcommittees,boards and commissions pertaining to planning; and (3550-5/02)
(f) Perform such other related duties as shall be required by law, ordinance or the
City Administrator. (3550-5/02)
2.33.040 Director--Powers and duties.
(a) The Director of Planning shall be responsible for the administration and
enforcement of appropriate sections of Titles 8, 15 and 17 of the Huntington
Beach Municipal Code, the City of Huntington Beach Zoning and Subdivision
Ordinance, and California Labor Code Section 6404.5 (smoking in closed
places of employment). (3550-5/02)
5/02
2.33.040(b)—2.33.050 Huntington Beach Municipal Code
(b) In addition to the foregoing, the Director of Planning 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. (3550-5/02)
(c) Whenever in this code, the Huntington Beach, Zoning and Subdivision Ordinance or
any resolution, adopted by the City Council,reference is made to the Department of
Planning-or the Director of such department, such references shall mean the
Department of Planning and the Director of Planning. (3550-5/02)
2.33.050 Appointment of Subordinates. The Director, with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the
Department of Planning. (3550-5/02)
5/02
Huntington Beach Municipal Code Chapter 3.56 Index
CHAPTER 3.56
(3417-6/99,3546-4/02)
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
3.56.240 Expedited Hearing Procedure (3546-4/02)
4/02
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 maybe 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.
6is9
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).
6/99
3.56.070(b)-3.56.070(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 ofproviding
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.
6/99
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.
6/99
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.
(g) Maintenance of, and the provision of repair and replacement reserves for, any other public
improvement not specifically listed in the preceding clauses (a) through(f), the
construction, installation, expansion, improvement or rehabilitation of which may be
financed under Section 3.56.120 or Section 3.56.130 of this Code. (3546-4/02)
3.56.120 Additional financing powers of district; purchase, construction, expansion,
improvement, rehabilitation, or planning 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 facilities whose construction has been completed, as determined by the legislative
4/02
Huntington Beach Municipal Code 3.56.120-3.56.120(g)
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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3.56.120(g)-3.56.120(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).
(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
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Huntington Beach Municipal Code 3.56.120(i)(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 financing 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.
•
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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.
(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 nency 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.
6iss
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.
6/99
3.56.170(e)(2)-3.56.200 Huntington Beach Municipal Code
(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 ofpowers 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:
6/99
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.
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.
6/99
3.56.230-3.56.300(a) 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.
3.56.240 Expedited Hearing Procedure. If the owners of all of the land to be subject to the levy of
special taxes within a proposed district,or within the territory proposed to be annexed to an existing
district,file petitions with the City Clerk requesting the formation of the district or the annexation of
territory to an existing district, respectively, the public hearing referred to in Section 53321(e) or
53339.3(f), as applicable,of the California Government Code may occur not less than 14 days after
adoption of the resolution of intention to form or to annex territory to the district, as applicable,
rather than the minimum of 30 days otherwise specified in said Sections of the California
Government Code. (3546-4/02)
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.
4/02
Huntington Beach Municipal Code 3.56.300(b)-3.56.320(b)
(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.
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 iudgment. 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
( ) g Y Yp g g
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:
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3.56.320(1)-3.56.320(2)(B)(vii) Huntington Beach Municipal Code
(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
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.
6199
Huntington Beach Municipal Code 3.56.320(2)(8)(viii)-3.56.320(4)
(viii) The status of the bond redemption fund, construction fund, reserve fund,
r 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,
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.
6rss
3.56.320(c)-3.56.410 Huntington Beach Municipal Code
(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.
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 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.
6199
Huntington Beach Municipal Code 3.56.420-3.56.430(a)
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.
(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
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.
s
6,99
3.56.430(b)-3.56.440(f) Huntington Beach Municipal Code
(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.
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 special 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
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 j oint 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.
hiss
Huntington Beach Municipal Code 3.56.450-3.56.460(a)(4)
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 maybe brought within the time specified in Section 3.56.440. The complaint maybe
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.
(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.
6/99
3.56.460(a)(5)-356.490 Huntington Beach Municipal Code
(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.
(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
bonds.
3.56.480 Computation errors; validity of special tax installment, interest or penalty.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.
6/99
Huntington Beach Municipal Code 3.56.490(a)-3.56.500(c)
(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.
(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
Huntington Beach Municipal Code 8.32.010--8.32.030
Chapter 8.32
STANDING WATER
(1233-7/66, 2017-12/75,2106-9/76,3549-5/02)
Sections:
8.32.010 Nuisance--Abate or fence in
8.32.020 Notice--Compliance
8.32.030 Violation
8.32.010 Nuisance--Abate or fence in. Every person in possession of land within the city,
either as owner,purchaser under a contract, lessee, tenant or licensee, upon which is other means,
which standing water shall, in the opinion of the Director of Building and Safety,be an attractive
nuisance to children by reason of the location, depth, condition, soil factor or accessibility to
children, shall cause to be erected a five (5) foot fence, or other approved enclosure completely
around said body of water and if any gates are located in such enclosure, all such gates shall be of
the same height as required for the enclosure and shall be self-closing and self-latching.
(1233-7/66,2017-12/75,2106-9/76,3549-5/02)
8.32.020 Notice--Compliance. The Building& Safety Director, or designee, shall give notice
of the standing water to the person or persons in possession thereof and require them to comply
within thirty(30) days. (1233-7/66,3549-5/02)
8.32.030 Violation. Violation of this chapter shall be punishable as a MISDEMEANOR.
(1233-7/66)
5/02
Huntington Beach Municipal Code 8.36.010--8.36.020
Chanter 8.36
• RUBBISH
(1668-9/71,2217-10/77, 3084-12/90, 3509-10/01,3551-5/02)
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.
(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: (8509-10/01)
(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 (8509-10/01)
(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,
in compliance with the Huntington Beach Zoning and Subdivision Ordinance. 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. (8509-10101)
(b) Compliance and maintenance responsibility. Compliance and maintenance 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. (8509-10/01)
(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. (8509-10/01)
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)
5/02
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 Planning 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. (1668-9/71,2217-10/77,35.51-5/02)
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--Delinguency--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 Planning 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.
(1668-9/71,2217-10/77,3551-5/02)
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 Planning to do
said work, at the expense of the owner of the property, and provide for temporary payment of the
same with city funds. (1668-9/71,2217-10/77,3551-5/02)
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
Planning 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. (1668-9/71,2217-10/77,3551-5/02)
8.36.090 Abatement by city--Records filed. Such statement must be signed and verified by the
Director of Planning and filed with the City Council. (1668-9/71,2217-10/77,3551-5/02)
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)
5/02
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)
12/90
Huntington Beach Municipal Code 8.48.010--8.48.030(b)
Chapter 8.48
INOPERABLE VEHICLES
(1393-3/68, 1449-10/68, 1935-11/74,2217-10/77, 3552-5/02)
Sections:
8.48.010 Intent and purpose
8.48.020 Definitions
8.48.030 Applicability
8.48.040 Nuisance not authorized
8.48.050 Chapter not exclusive regulation
8.48.060 Enforcement
8.48.070 Removal--Contracts or franchises
8.48.080 Administrative costs
8.48.090 Abatement--Hearing
8.48.100 Hearing--Notice to highway patrol
8.48.110 Hearing--Facts and testimony
8.48.120 Abatement--Council action
8.48.130 Landowner not assessed
8.48.140 Decision notice to interested party
8.48.150 Order to remove
8.48.160 Removal--Motor Vehicle Department notified
8.48.170 Removal--Costs--Lien
8.48.180 Violation--Abandonment
8.48.190 Violation--Failure to remove
8.48.010 Intent and purpose. The intent and purpose of this chapter is to accomplish the
removal of inoperable vehicles from public and private properties throughout the city of
Huntington Beach, except as specified in section 8.48.030. (1393-3/68)
8.48.020 Definitions. For the purpose of this chapter, the following words and phrases shall
have the meanings hereafter set forth unless a different meaning is clearly intended from the
context in which such word or phrase is used. Any word or phrase not herein defined shall have
the meaning attributed to it in ordinary usage:
(a) "Highway" means a way or place of whatever nature publicly maintained and open to the use
of the public for purposes of vehicular travel. Highway includes street.
(b) "Inoperable vehicle" means any vehicle which does not qualify to be operated upon a
highway under the Vehicle Code of the state of California.
(c) "Public property" does not include highway.
(d) "Vehicle" means a device by which any person or property may be propelled, moved or
drawn upon a highway except a device moved by human power or used exclusively upon
stationary rails or tracks. (1393-3/68, 1449-10/68)
8.48.030 Applicability. This chapter shall not apply to:
(a) A vehicle or part thereof which is completely enclosed in a building in a lawful manner
where it is not visible from the street or other public or private property; or
(b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer
or when such storage or parking is necessary to the operation of a lawfully conducted
business or commercial enterprise. (1393-3/68)
5/02
8.48.040--8.48.120 Huntington Beach Municipal Code
8.48.040 Nuisance not authorized. Nothing in this section shall authorize the maintenance of a
public or private nuisance as defined under provisions of law other than Chapter 10, commencing
with section 22650, of Division 11 of the Vehicle Code and this chapter. (1393-3/68)
8.48.050 Chapter not exclusive regulation. This chapter is not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and
be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter
enacted by the city, the state, or any other legal entity or agency having jurisdiction. (1393-3/68)
8.48.060 Enforcement. Except as otherwise provided herein, the provisions of this chapter
shall be administered and enforced by the Chief of Police or the Director of Planning. In the
enforcement of this chapter, such officers and their deputies may enter upon private or public
property to examine a vehicle or part thereof, or obtain information as to the identity of the
vehicle and to remove or cause removal of a vehicle or part thereof declared to be a nuisance
pursuant to this chapter. (1393-3/68, 1449-10/68,2217-10/77,3552-5/02)
8.48.070 Removal--Contracts or franchises. When the City Council has contracted with or
granted a franchise to any person or persons, such person or persons shall be authorized to enter
upon private property or public property to remove or cause the removal of a vehicle or parts
thereof declared to be a nuisance pursuant to this chapter. (1393-3/68)
8.48.080 Administrative costs. The City Council shall from time to time determine and fix an
amount to be assessed as administrative costs (excluding the actual costs of removal of any
vehicle or part thereof)under this chapter. (1393-3/68)
8.48.090 Abatement--Hearing. A public hearing shall be held on the question of abatement
and removal of the vehicle or part thereof as an abandoned,wrecked, dismantled or inoperative
vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or
part thereof against the property on which it is located. Notice of hearing shall be mailed at least
ten days before the hearing by certified mail, with a five-day return requested to the owner of the
land as shown on the last equalized assessment roll and to the last registered and legal owner of
record unless the vehicle is in such condition that identification numbers are not available to
determine ownership. If any of the foregoing notices are returned undelivered by the United
States post office, the hearing shall be continued to a date not less than ten days from the date of
such return. (1393-3/68)
8.48.100 Hearing--Notice to Highway Patrol. Notice of hearing shall also be given to the
California highway patrol identifying the vehicle or part thereof proposed for removal, such
notice to be mailed at least ten days prior to the public hearing. (1393-3/68)
8.48.110 Hearing--Facts and testimony. All hearings under this chapter shall be held before
the City Council which shall hear all facts and testimony it deems pertinent. Said facts and
testimony may include testimony on the condition of the vehicle or part thereof and the
circumstances concerning its location on the private property or public property. The City
Council shall not be limited by the technical rules of evidence. The owner of the land on which
the vehicle is located may appear in person, or through an agent, at the hearing or present a
written statement in time for consideration at the hearing, and deny responsibility for the
presence of the vehicle on the land, with his reasons for such denial. (1393-3/68)
8.48.120 Abatement--Council action. The City Council may impose such conditions and take
such other action as it deems appropriate under the circumstances to carry out the purpose of this
chapter. It may delay the time for removal of the vehicle or part thereof if, in its-opinion, the
circumstances justify it. At the conclusion of the public hearing, the City Council may find that a
vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or
5/02
Huntington Beach Municipal Code 8.48.120--8.48.190
public property and order the same removed from the property as a public nuisance and disposed
of as hereinafter provided and determine the administrative costs and the cost of removal to be
charged against the owner of the parcel of land on which the vehicle or part thereof is located.
The order requiring removal shall include a description of the vehicle or part thereof and the
correct identification number and license number of the vehicle, if available at the site. (1393-3168)
8.48.130 Landowner not assessed. If it is determined at the hearing that the vehicle was placed
on the land without the consent of the landowner and that he has not subsequently acquiesced in
its presence, the City Council shall not assess costs of administration or removal of the vehicle
against the property upon which the vehicle is located or otherwise attempt to collect such costs
from such landowner. (1393-3/68)
8.48.140 Decision notice to interested party. If an interested party makes a written
presentation to the City Council but does not appear, he shall be notified in writing of the
decision. (1393-3/68)
8.48.150 Order to remove. Five (5) days after issuance of the order declaring the vehicle or
parts thereof to be a public nuisance and five(5) days from the date of mailing of notice of the
decision as required by this chapter, the vehicles or parts thereof may be disposed of by removal
to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not
thereafter be reconstructed or made operable. (1393-3/68)
8.48.160 Removal--Motor Vehicle Department notified. Within five (5) days after the date of
removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or part thereof removed. At the same time there shall be transmitted to
the Department of Motor Vehicles any evidence of registration available, including registration
certificates, certificates of title and license plates. (1393-3/68)
8.48.170 Removal--Costs--Lien. If the administrative costs and the cost of removal which are
charged against the owner of a parcel of land pursuant to this chapter are not paid within thirty
(30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall
be assessed against the parcel of land pursuant to section 38773.5 of the Government Code and
shall be transmitted to the tax collector for collection. The assessment shall have the same
priority as other city taxes. (1393-3/68)
8.48.180 Violation--Abandonment. It is unlawful and an INFRACTION for any person to
abandon,park, store, or leave or permit the abandonment,parking, storing or leaving of any
licensed or unlicensed vehicle or part thereof which is in an abandoned,wrecked, dismantled or
inoperative condition upon any private property or public property not including highways within
the city for a period in excess of ten (10) days unless such vehicle or part thereof is completely
enclosed within a building in a lawful manner where it is not plainly visible from the street or
other public or private property, or unless such vehicle is stored or parked in a lawful manner on
private property in connection with the business of a licensed dismantler, licensed vehicle dealer
or a junkyard. (1393-3/68, 1935-11/74)
8.48.190 Violation--Failure to remove. It is unlawful and an INFRACTION for any person to
fail or refuse to remove an abandoned,wrecked, dismantled or inoperative vehicle or part thereof
or refused to abate such nuisance when ordered to do so in accordance with the abatement
provisions of this chapter or state law where such law is applicable. (1393-3/68, 1935-11/74)
11/74
HUNTINGTON BE
MUNICIPALCODE
.._
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 Building & Safety
2.33 Department of Planning
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
5/02 1
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 Police-Directed Motor Vehicle Towing Service
5.67 Non-Consensual 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
4/02 11
TITLE 8
TITLE 8-HEALTH AND SAFETY
8.04 Food Handling Establishments
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
12/01 111
TITLE 10 (Continued)
10.32 Movement of Overloads
10.36 Stops and Yields
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
10.84 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
12/01 iv
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
12/01 v
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 Building& Safety
2.33 Department of Planning
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 Repealed-- 3403-10/98
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
4/02
Huntington Beach Municipal Code Title 14 Index--14.08.040(a)
Title 14
WATER AND SEWERS
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 Program
14.20 Water Main Extensions
14.24 Water Pollution
14.25 Storm Water and Urban Runoff Management
14.26 Construction and Abandomnent 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. 2931-4/88)
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
(674-12/57)
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. (674-12/57)
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. (674-12/57)
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. (674-12/57)
10/01
14.08.04(�b)--14.08.060 Huntington Beach Municipal Code
(b) When: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)
14.08,00 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 tar-npaer with or inteete e 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 wi hout 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)
12/57
Huntington Beach Municipal Code 2.32.010--2.32.030(a)(17)
IS d l Chapter 2.32
�s ti�o
DEPARTMENT OF COMMUNITY DEVELOPMENT
(652-11/56, 1814-3/73,2217-10/77,2330-1/79,3222-1/94,3392-5/98)
V 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)
(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)
(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)
5/98
O
Huntington Beach Municipal Code Chapter 3.56 Index
CHAPTER 3.56
(3417-6/99)
CITY OF HUNTINGTON BEACH SPECIAL TAX FINANCING EVIPROVEMENT 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
tJ .56.230 Reports and estimate of costs by responsible officers; remedial action plan for cleanup
�09 3 5� 2 of hazardous substance; inclusion in record of hearing
/99
Chapter 3.56 Index-3.56.020 Huntington Beach Municipal Code
Article 4 -Index
Procedures For Levvin
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 maybe cited as the "City of Huntington
Beach Special Tax Financing Improvement Code," and shall be referred to herein as the"Coale":
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).
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3.56.070(b—i) Huntington Beach Municipal Code e
(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.
(fl "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 3.56.070Q)-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 .Init►ation 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.
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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 landsca p in g, g" street li htingi p arks P Y arkwa s and open ace.
, , P P
(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
J "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-
5
. 6.120 Additional financing powers of district; purchase, construction, expansion,
improvement, rehabilitation, or planning 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
6/99
• 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.
i (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
6/ss
3.56.120(g)-3.56.120(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).
(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
6/sg
eHuntington 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 financing 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 3.56.1Wand 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.
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3.56.140(b)-3.56.160 Huntington Beach Municipal Code S
(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.
(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 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.
6iss
. Huntington Beach Municipal Code 3.56.170-3.56.170(e)(1)
3.56.170 Joint community facilities agreement or ioint 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 parry 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 bya 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.
6iss
3.56.170(e)(2)-3.56.200 Huntington Beach Municipal Code •
(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 entitv 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.
Notwithstandingan other provision of this Code an public agency other than a city, count or
Y P � Y P g Y Y� Y
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:
hiss
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.
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 funds 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.
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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 253 56.1 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
Procedures For Levyins
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.
hiss
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 iudgment. 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 3.56.4901 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:
0 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.
(y) The price. or.method of determining the price per one thousand dollars
(S1,000) 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,
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• 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).
i (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 parry
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.
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3.56.400-3.56.420(a) Huntington Beach Municipal Code
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
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 paying 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
•
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• 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 trinerin2 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.
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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 special 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
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 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 •
( ) P � g � j P P Y
possessory interest (describing it) pursuant to this Code, became delinquent.
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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 101.540 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.
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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 1he outstanding
bonds.
3.56.480 Computation errors; validity of special tax installment, interest or penalty.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 fiill 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. •
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• 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:
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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.
•
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Huntington Beach Municipal Code 8.32.010-8.32.030
Cbapter 8.32
STANDING WATER
(1233-7166,2017-12/75,2106-9176)
Sections:
8.32.0.10 Nuisance—Abate or or fence in
8.32.020 Notice--Compliance
8.32.030 Violation
8.32.010 Nuisance—Abate or fence in. Every person in possession of land within the city,
either as owner,purchaser under a contract, lessee,tenant or licensee, upon which is other means,
which standing water shall, in the opinion of the Director of Community Development,be an
attractive nuisance to children by reason of the location, depth, condition, soil factor or
accessibility to children, shall cause to be erected a five (5) foot fence, a guardrail as specified in
section 1716 of the Huntington Beach Building Code or other approved enclosure completely
around said body of water and if any gates are located in such enclosure, all such gates shall be
of the same height as required for the enclosure and shall be self-closing and self-latching. (1233-
7/66,2017-12/75,2106-9176)
8.32.020 Notice--Compliance. The City Health Officer or Building Director shall give notice
of the standing water to the person or persons in possession thereof and require them to comply
within thirty (30) days and if there is not compliance, said officer shall cause a citation or
complaint to be issued. (1233-7/66)
8.32.030 Violation. Violation of this chapter shall be punishable as a NHSDEMEANOR.
(1233-7/66)
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• Huntington Beach Municipal Code Chapter 8.36 8.36.010--8.36.020
• RUBBISH
(1668-9/71,2217-10177,3084-12/90,3509-10/01)
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. (1668-9171)
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)
Pic
(f( (b) Compliance responsibility. Compliance with the standards contained in this section shall be
at the so a cost o t e 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
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 it 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--Delinquencv--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 city--Records 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. (1668-9171)
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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.
(1668-9171)
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: (3084-12190)
(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. (3084-12190)
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
bylaw. (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)
12/90
�0 L
Huntington Beach Municipal Code 8.48.010-8.48.030(a)
® Chapter 8.48
INOPERABLE VEHICLES
(1393-3/68, 1449-10/68, 1935-11/74,2217-10177)
Sections:
8.48.410 Intent and purpose
8.48.020 Definitions
8.48.030 Applicability
8.48.040 Nuisance not authorized
8.48.050 Chapter not exclusive regulation
8.48.060 Enforcement
8.48.070 Removal--Contracts or franchises
8.48.080 Administrative costs
8.48.090 Abatement--Hearing
8.48.100 Hearing--Notice to highway patrol
8.48.110 Hearing--Facts and testimony
8.48.120 Abatement--Council action
8.48.130 Landowner not assessed
8.48.140 Decision notice to interested party
8.48.150 Order to remove
8.48.160 Removal--Motor Vehicle Department notified
8.48.170 Removal--Costs--Lien
8.48.180 Violation--Abandonment
8.48.190 Violation--Failure to remove
® 8.48.010 Intent and purpose. The intent and purpose of this chapter is to accomplish the
removal of inoperable vehicles from public and private properties throughout the city of
Huntington Beach, except as specified in section 8.48.030. (1393-3168)
8.48.020 Definitions. For the purpose of this chapter,the following words and phrases shall
have the meanings hereafter set forth unless a different meaning is clearly intended from the
context in which such word or phrase is used. Any word or phrase not herein defined shall have
the meaning attributed to it in ordinary usage:
(a) "Highway" means a way or place of whatever nature publicly maintained and open to the use
of the public for purposes of vehicular travel. Highway includes street.
(b) "Inoperable vehicle" means any vehicle which does not qualify to be operated upon a
highway under the Vehicle Code of the state of California.
(c) "Public property" does not include highway.
(d) "Vehicle" means a device by which any person or property may be propelled, moved or
drawn upon a highway except a device moved by human power or used exclusively upon
stationary rails or tracks. (1393-3/68, 1449-10/68)
8.48.030 Applicability. This chapter shall not apply to:
(a) A vehicle or part thereof which is completely enclosed in a building in a lawful manner
where it is not visible from the street or other public or private property; or
(b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler,licensed vehicle dealer, a junk dealer
or when such storage or parking is necessary to the operation of a lawfully conducted
business or commercial enterprise. (1393-3/68)
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8.48.030(b)-8.48.120 Huntington Beach Municipal Code
8.48.040 Nuisance not authorized. Nothing in this section shall authorize the maintenance of a
public or private nuisance as defined under provisions of law other than Chapter 10, commencing
with section 22650, of Division l;l of the Vehicle-Code and this chapter. (1393-3/68)
8.48.050 Chapter not exclusive regulation::,This chapter is not the exclusive regulation of
abandoned, wrecked,dismantled or inoperative vehicles within the city. It shall supplement and
be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter
enacted by the city,.the state, or any other legal entity or agency having jurisdiction. (1393-3168)
8.48.060 Enforcement. Except as otherwise provided herein,the provisions of this chapter
shall be administered and enforced by the Chief of Police or the director of planning. In the
enforcement of this chapter, such officers and their deputies may enter upon private or public
property to examine a vehicle or part thereof, or obtain information as to the identity'of the
vehicle and to remove or cause removal of a vehicle or part thereof declared to be a nuisance
pursuant to this chapter. (1393-3/68, 1449-10/68,2217-10/77)
8.48.070 Removal--Contracts or franchises. When the City Council has contracted with or
granted a franchise to any person or persons, such person or persons shall be authorized to enter
upon private property or public property to remove or cause the removal of a vehicle or parts
thereof declared to be a nuisance pursuant to this chapter. (1393-3/68)
8.48.080 Administrative costs. The City Council shall from time to time determine and fix an
amount to be assessed as administrative costs(excluding the actual costs of removal of any
vehicle or part thereof)under this chapter. (1393=3/68)
8.48.090 Abatement--Hearing. A public hearing shall be held on the question of abatement
and removal of the vehicle or part thereof as an abandoned,wrecked,dismantled or inoperative
vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or
part thereof against the property on which it is located. Notice of hearing shall be mailed at least
ten days before the hearing by certifie&mail,with:a five-day return requested to the owner of the
land as shown on the last equalized assessment roll and to the last registered and legal owner of
record unless the vehicle is in such condition that identification numbers are not available to
determine ownership. If any of the foregoing notices are returned undelivered by the United
States post office,the hearing shall be continued to a date not less than ten days from the date of
such return. (1393-3/68)
8.48.100 Hearing--Notice to Highway]Patrol. Notice of hearing shall also be given to the
California highway patrol identifying the vehicle or part thereof proposed for removal,such
notice to be mailed at least ten days prior to the public hearing. (1393-3168)
8.48.110 Hearing--Facts and testimony. All hearings under this chapter shall be held before
the City Council which shall hear all facts and testimony it deems pertinent. Said facts and
testimony may include testimony on the condition of the vehicle or part thereof and the
circumstances concerning its location on the private property or public property. The City
Council shall not be limited by the technical rules of evidence. The owner of the land on which
the vehicle is located may appear in person,or through an agent, at the hearing or present a
written statement in time for consideration at the hearing,and deny responsibility for the
presence of the vehicle on the land,with his reasons for such denial. (1393-3/68)
8.48.120 Abatement—Council action. The City Council may impose such conditions and take
such other action as it deems appropriate under the circumstances to carry out the purpose of this
chapter. It may delay the time for removal of the vehicle or part thereof if, in its opinion,the
circumstances justify it. At the conclusion of the public hearing,the City Council may find that a
vehicle or part thereof has been abandoned,wrecked, dismantled or is inoperative on private or
public property and order the same removed from the property as a public nuisance and disposed
10177
Huntington Beach Municipal Code 8.48.120-8.48.190
of as hereinafter provided and determine the administrative costs and the cost of removal to be
® charged against the owner of the parcel of land on which the vehicle or part thereof is located.
The order requiring'removal shall include a description of the vehicle or-ppart thereof and the
correct identification number and.license number.of the.vehicle,if available at the site. (1393-3/68)
8.48.130 Landowner not assessed. If it is determ-mi ed althe hearing that the vehicle was placed
on the land without the consent of the landowner and that he has not'subsequently acquiesced in
its presence,the City Council shall not assess costs of.adin- mistration or removal of the vehicle
against the property upon which the vehicle is located or otherwise attempt to collect such costs
from such landowner. -(1393-3/68)
8.48.140 Decision notice to interested naM If an interested party makes a written
presentation to the City Council but does.not appear,he shall be notified in writing of the
decision. (139373168)
8.48.150 Order to remove. Five (5) days after issuance of the order declaring the vehicle or
parts thereof to be a public nuisance and five(5) days from the date of mailing of notice of the
decision as required by this chapter,the vehicles or parts thereof may be disposed of by removal
to a scrapyard,or automobile dismantler's yard. After-a vehicle has been removed it shall not
thereafter be reconstructed or made operable. (1393-3/68)
8.48.160 Removal--Motor Vehicle Department notified. Within five(5)days after the date of
removal of the vehicle.or part thereof,notice shall be given to the Department of Motor Vehicles
identifying the vehicle or part thereof removed. At the same time there shall be transmitted to
the Department of Motor Vehicles any evidence of registration available,including registration
certificates,certifcates of title and license plates. .(1393-3/68)
® 8.48.170 Removal--Costs--Lien. If the administrative costs and the cost of removal which are
charged against the owner of a parcel of land pursuant to this chapter are not paid within thirty
(30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall
be assessed against the parcel of land pursuantto-section 38713.5 of the Government Code and
shall-be transmitted to the tax collector for collection. :The.assessment shall have the same
priority as other city taxes. (1393-3/68)
8.48.180 Violation-Abandonment. It is unlawful and an INFRACTION for any person to
abandon;park, store, or leave or permit the abandonment,parking, storing or leaving of any
licensed or unlicensed vehicle or part thereof which is in an abandoned,wrecked, dismantled or
inoperative condition upon any private property or public property not including highways
within the city for period in excess of ten(10)days unless such vehicle or part thereof is
completely enclosed within a building in a lawfulmanner where it is not plainly visible from the
street or other public.or private property,or unless such vehicle is stored or parked in a lawful
manner on-private property in connection with the business of a licensed dismantler,licensed
vehicle dealer or a junkyard. '(1393-3/08, 1935-11174)
8.48.190 Violation--Failure to remove. It is unlawful and an INFRACTION for any person to
fail or refuse to remove an abandoned,wrecked,dismantled or inoperative vehicle or part thereof
or refused'to"abate such nuisance when ordered to do.so in accordance with the abatement
provisions of this chapter.or state law where such law is:applicable. (1393-3168, 1935-11/74)
. 10/77