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HomeMy WebLinkAboutMunicipal Code Volume 1 1974 711 HUNTINGTON BEACH MUNICIPAL CODE VOLUME I 1974 . A Codification of the General Ordinances of the City of Huntington Beach, California Codified, Indexed and Published by BOOK PUBLISHING COMPANY 2518 Western Avenue Seattle, Washington 'err►. �j TABLE OF CONTENTS Charter Title 1 General Provisions Title 2 Administration and 'Personnel Title: 3 Revenue and Finance Title 4 Reserved Title 5 Business Licenses and Regulations Title 6 Reserved Title 7 Animals Title 8 Health and. Safety Title 9 . Public Peace, Morals and Welfare Title 10 Vehicles and Traffic Title 11 Reserved Title 12 Streets and Sidewalks Title 1.3 Public Property Title 14 Water and Sewers Title 15 Oil Title 16 Reserved Title 17 Buildings and Construction Title 18 Reserved Tables Index CITY CHARTER TABLE OF CONTENTS ARTICLE I . NAME OF CITY Section 100 . Name Section 101. Seal ARTICLE II . BOUNDARIES Section 200 . Boundaries ARTICLE III . SUCCESSION Section 300 . ' . Rights and Liabilities Section 301. Ordinances Continued in Effect Section 302 . Rights of Officers and Employees Preserved Section 303. Continuance of Present Officers and Employees Section 30.4. Continuance of Contracts and Public Improve- ments Section .305 . Pending Actions and Proceedings Section 30'6 . Effective Date of Charter ARTICLE IV. POWERS OF CITY Section 400 . Powers of City Section 401. Procedures ARTICLE V. CITY COUNCIL AND ELECTIVE OFFICERS Section 500 . City Council, Clerk, Treasurer and Attorney, Terms . Section 501. Eligibility Section 502 . Compensation Section 503. Vacancies Section 504 . Presiding Officer Section 505 . Powers Vested in City .Council. Section 506 . Regular Meetings Section 507. Special Meetings Section 508. Place of Meetings Section 509 . Quorum. Proceedings Section 510 . Citizen Participation Section 511. Adoption of Ordinances and Resolutions Section 512 : Ordinances . Enactment. 'Publication Section 513. Codification of Ordinances Section 514 . Ordinances . When Effective Section 515. Ordinances : Violation. Penalty Section 516 . Ordinances . Amendment Section 511. Publishing of Legal Notices Section 518 . Contracts . Execution ARTICLE VI . CITY ADMINISTRATOR. Section 600 . . . City Administrator c-1 Section 601. Residence Section 602 . . Eligibility =�- Section 603. Compensation and Bond Section 604 . Powers and Duties Section 605 . Meetings Section, 606 . Removal Section 607. Non-Interference with Administrative Service Section 608. Acting City Administrator ARTICLE VII . OFFICERS AND EMPLOYEES Section 700 . Enumeration Section 701. Appointment and Removal Section 702 . Administrative Departments Section 703. City Attorney. Powers and Duties Section 704 . City Clerk. Powers and Duties Section 705 . City Treasurer. Powers and Duties Section 706 . Director of Finance. Powers and Duties Section 707 . City Engineer. Police Chief. Fire Chief Section 7.0.8. Administering Oaths j Section .709 . Illegal Contract. Financial Interest Section 710 . Acceptance of Other Office Section 711. Nepotism Section 712 . Official Bonds ARTICLE VIII . APPOINTIVE BOARDS AND COMMISSIONS Section 800 . In General Section 801. Appropriations Section 802. Appointments . Terms Section 803. Existing Boards Section 804 . Meetings . Chairman Section 805 . Oaths . Affirmations Section 806 . Planning Commission. Powers and Duties Section 807. Library Board. Powers and Duties Section 808. Personnel Board. Powers and Duties ARTICLE IX. BOARD OF EDUCATION Section 900 . State Law Governs Section 901. Effect of Charter on District Section 902 . Effect of Charter on Board ARTICLE X. PERSONNEL SYSTEM Section 1000 . System to be Established ARTICLE XI . RETIREMENT Section 1100 . State System ARTICLE XII . FISCAL ADMINISTRATION Section 1200 . Fiscal Year Section 1201. Annual Budget. Preparation by the City Administrator c-2 Section 1202 . Budget. Submission .to City Council •.+ Section 1203. Budget. Public Hearing - Section 1204 . Budget. Further 'Consideration and Adoption Section 1205.. Budget. . Appropriations Section 1206 . Centralized Purchasing Section 1207. Tax Limits Section 1208. Tax Procedure Section 1209. Bonded Debt Limit Section 1210 . Revenue Bonds Section 1211. Contracts on Public Works Section 1212. . Contingency Fund Section 1213. Capital Outlays Fund Section 1214. Treasurer' s Departmental Trust Fund Section 1215 . Other Funds Section 1216 . Claims and Demands . Presentation and Payment Section 1217. Actions Against City Section 1218. Registering Warrants Section 1219 . Independent .Audit Section 1220. Sale .of Public Utility ARTICLE XIII . ELECTIONS Section 1300 . . General Municipal Elections Section 1301. Special .Municipal Elections . .Section 1302 . Procedure for Holding Elections Section 1303. Initiative, Referendum and Recall v�r ARTICLE XIV. FRANCHISES Section 1400 . Granting of Franchises Section 1401. Resolution of Intention. Notice and Public Hearing Section 1402 . Terms of Franchise Section 1403. Grant to be in Lieu.of all Other Franchises Section :1404. Eminent Domain - Section 1405 . Duties of Grantees Section 1406 . Exercising Rights .Without Franchise ARTICLE XV. MISCELLANEOUS. . Section 1500 Definitions Section 1501. Violations Section 1502 . Validity, ,,%WOW c-3 CHARTER We, the people of the City of Huntington Beach, State of California, do ordain and establish this Charter as the or- ganic law of said City under the Constitution of said State . ARTICLE I NAME OF CITY Section 100 . NAME. The municipal corporation now exis- ting and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of "City of Huntington Beach. " Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. ARTICLE II BOUNDARIES Section 200 . BOUNDARIES . The boundaries of the City shall be the boundaries ,as established at the time this Charter takes effect, and as such boundaries may be changed thereafter from time to time in the manner authorized by law. ARTICLE III SUCCESSION Section 300 . RIGHTS AND LIABILITIES . The City of Hunting- ton Beach shall continue to own, possess and control all rights and property of every kind and nature owned, possessed or con- trolled by it at the time -this Charter takes effect and shall continue to be subject to all its debts , obligations ,. lia- bilities and contracts . Section 301. ORDINANCES CONTINUED IN EFFECT. All lawful ordinances , resolutions , rules and regulations , and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 302 . RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED. Nothing in this Charter contained, unless otherwise specifically provided therein, shall affect or impair the personnel, pension or retirement rights or privileges of officers or employees of the City, or of any office, department or agency thereof, existing at the time this Charter takes effect. c-4 Section 303. CONTINUANCE' OF PRESENT OFFICERS AND EMPLOYEES . The present officers and employees of the City shall continue without interruption to perform the duties of their respective offices and employments upon the same terms and conditions and for the compensation provided by the exis- ting ordinances , .resolutions , rules or 'laws, but subject to such removal, amendment and control as is provided or permitted in this Charter, and, as to offices which are changed, abol- ished or superseded by this Charter, until the election or appointment and qualification of their respective successors under this Charter. Each elective officer whose office is made appointive under this Charter shall continue to hold such office subject to the provisions of this Charter, but his retirement status , rights or privileges shall not be deemed to be changed, altered or affected in any way by the adoption of this Charter so long as he holds such office . Section 304 . CONTINUANCE OF CONTRACTS AND PUBLIC IM- PROVEMENTS. All contracts entered into by the City or for its benefit .prior to the effective - date of. .this Charter and then in effect, shall continue in full force and effect according to their. terms . Public improvements for which proceedings have been instituted under laws existing at the time this Charter takes effect, in the discretion of the Council, may be carried to completion as nearly as practicable in accor- dance with the provisions of such -,existing laws or may be continued or. complete.d under this Charter. Section 305 . PENDING ACTIONS AND PROCEEDINGS . No action or. proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected .or abated by the adoption of this Charter or by anything herein contained but all such actions or proceedings may be continued notwithstanding that functions , powers and duties of any officer, office, department or agency a party thereto,_ may be assigned or transferred by or under this Charter to another officer, office, department or agency, but in that event .the same may be prosecuted or defended by the .head of the office , department or agency to which such functions , powers. and duties have been assigned or trans- ferred by or under this Charter. . ,Section 306 . EFFECTIVE DATE OF CHARTER. This Charter shall take effect upon' its approval by ,the ' Legislature after it. shall have been ratified by the qualified voters of the City in the manner set forth in the Constitution of the State. ARTICLE IV POWERS OF CITY i Section 400 . POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect c-5 to municipal affairs , subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. It shall also have the power to exercise any and all rights , privileges and powers , including proprietary powers , heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful author- ity, or which a municipal corporation might or could ex- ercise under the Constitution of the State of California, subject to such restrictions and limitations as may be .con- tained in this Charter. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation up- on, the generality of the foregoing provisions . Section 401 . PROCEDURES . The City shall have the power to and may act pursuant to any procedure established by any - law of the State ,. unless a. different procedure is required by this Charter. ARTICLE V CITY COUNCIL AND ELECTIVE OFFICERS Section 500 . CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS . The elective officers of the City shall consist of . a City Council of seven members , a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the ' five mem- bers of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified, and shall constitute the City Council until two additional members are elected as hereinafter pro- vided. Four members of the City Council shall be elected at the general municipal election held in April, 1966 , and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in April, 1968, and each fourth year thereafter. In the event this Charter shall not take effect in time to elect four members of the City Council at the general municipal election held in April, 1966 , .and only two members of the City Council are then elected, a special election shall be called and held not less than 60 nor more than 90 days after the effective date of this Charter to elect two additional members of the City Council for the remainder of the terms expiring in April, 1970 . c-6 Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office. until the. ex- piration of their respective terms and the qualification of their successors . A City Clerk and City 'Treasurer shall be elected at the general municipal election held in April, 1968 , and each . fourth year thereafter. A City Attorney shall be elected. in April, 1966 , and each fourth year thereafter. The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall com- mence on..the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of .lots . Section 501 . ELIGIBILITY. No person shall be eligible to hold office as a member of the City Council , City Attorney, City Clerk or City Treasurer unless he is and shall have been a. resident and registered voter- of the City for at least two years next preceding the date of his election or appointment. Section. 502 . COMPENSATION . The members of the City coun- cil including the -Mayor shall receive as compensation for their services as such a monthly salary in the sum of one Hundred Seventy-Five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the �•- City Council for Council authorized traveling and other ex- penses when on .official duty upon submission of itemized ex- pense. account therefor. In addition , members shall receive such reasonable and adequate amount as may be established by ordinance , which amount shall be deemed to be reimbursement to them of other routine and ordinary expenses , losses and costs imposed upon them by virtue of their serving as City Councilmen. The . City Clerk and City Treasurer shall each receive a compensation for their services as such to be fixed or ordi- nance, . which compensation for such services shall not be in- creased or diminished after their election or during their respective terms of office. Section 503 . VACANCIES . A vacancy in the City Council, or. City Clerk, City Treasurer or City Attorney , from what ever cause arising, shall be filled by appointment by. the City Council, such appointee to hold office. until the first Monday following the next general municipal election and until his successor qualifies . At the . next general municipal elec- tion following any vacancy, a successor shall be elected to serve in. this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect _a successor. . c-7 If a member of the City Council absents himself from all regular meetings of the City Council for a period of thirty days consecutively from and after the last regular City Coun- cil meeting attended by such member, unless by permission of the City Council expressed in its official minutes , or is convicted of a crime involving moral turpitude , or ceases to be an elector of the City, his office shall become vacant. The City Council shall declare the existence of any such vacancy. In the event it shall fail to fill a vacancy by appoint- ment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 504 . PRESIDING OFFICER. On the first Monday following any general or special municipal election at which any Councilman is elected, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings . He shall be the official head of the City for all ceremonial purposes . He shall have the primary but not the exclusive responsiblity for interpreting the policies , programs and needs of the City government to the people, and as occasion requires , he may inform the people of' any major change in policy or program. He shall perform such other duties consistent with his office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. The City Council shall also designate one of its mem- bers as Mayor Pro Tempore , who shall serve. in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability . Section 505 . POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 506 . REGULAR MEETINGS . The City Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so ad- journed each adjourned meeting shall be a regular meeting for all purposes . If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings . If at any time c-8 any regular meeting falls on a holiday such regular meeting shall be on the next business day. Section 507 . SPECIAL MEETINGS . A special meeting may be called at any time by the Mayor, or by a majority of the mem- bers of the City Council, by written notice to each member of the City Council and to each local newspaper of general cir culation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall spec- ify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. Such. written notice may be dispensed with as to any person entitled thereto who, at or prior to the time the meeting convenes , files with the City Clerk a written waiver of .notice . Such waiver may be given by telegram. Such written notice may also be dispensed with as to any per- son who is actually present at the meeting at the time it convenes . Section 508.' PLACE. OF MEETINGS . .- All meetings shall be held in the Council Chambers of the City or in such place with- in the City to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, .flood or other emergency, it shall be unsafe to meet in the place desig- nated, the meetings may be held. for the duration of the emer- -gency at such place within the City as is designated by the Mayor, or, if .he should fail to act, by a majority of the members of the City Council. Section 509 . QUORUM. PROCEEDINGS . A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time . In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk .may declare the same adjourned to a stated day . and hour. The City Clerk shall cause written notice of a meeting ad- journed by less than a quorum or by the City Clerk to be delivered personally or by mail to each Councilman at least twenty-four hours before the time to which. the meeting is ad- journed, or such notice .may be dispensed with in the same man- ner as specified in this Charter for dispensing -with .notice of special meetings of the City Council. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election, returns . It may estab=. lish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings . c-9 Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or pro- ceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses , to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions . Disobedience of such subpoe- nas , or the refusal to testify (upon other than constitutional grounds) , shall constitute a misdemeanor, and shall be punish- able in the same manner as violations of this Charter are punishable. Upon adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any member, the city Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section . 510 . CITIZEN PARTICIPATION. All regular and special meetings of the City Council shall be .open and pub- lic and all persons shall be permitted to attend such meet- ings , except that the provisions of this Section shall not apply to executive sessions to consider the appointment, em- ployment, discipline or dismissal of a public officer or em-. ployee or to hear complaints or charges brought against any such officer or employee . No resident or property owner shall be denied the right to be heard by the City Council , but such right shall be subject to such reasonable rules and regulations as may be authorized or adopted by ordinance . A discussion with the City Attorney relating to pending or threatened litigation shall not be considered to be a regular or special meeting with- in the meaning of this Section. Section 511 . ADOPTION OF ORDINANCES AND RESOLUTIONS . With the sole exception of emergency ordinances which take effect upon adoption, referred to in this Article , no ordi- nance shall be adopted by the City' Councii on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of introduction or adoption- of an ordinance or resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous Consent of the Councilmen pres- ent, except that emergency ordinances shall be read in full. In the event that any ordinance is altered after its intro- duction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. 'wow I c-10 The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence . ' No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or resolution, -or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be -signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City• Council to be neces- sary as an emergency measure for the immediate preservation of the public peace, health or safety, and containing a state- ment of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes . Section 512'. ORDINANCES . ENACTMENT. PUBLICATION. In addition to such other acts of the City Council as are re- quired by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, J or granting a franchise, shall be by ordinance. The enacting clause of. all ordinances shall be - sub- stantially as. follows : "The City Council of the City of Huntington Beach does ordain as follows : . " The City Clerk shall cause each ordinance to be published at least once in the official newspaper within fifteen days after its adoption. In the event the publication of any or- dinance shall not be made within said period of fifteen days hereinabove designated, said ordinance shall not be rendered null and void. Section 513. CODIFICATION OF ORDINANCES . Any or all ordinances of the City which have been enacted and published in the manner required at - the. time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, - indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference , with the same effect as an ordinance , by the .passage of an ordinance for such purpose . Such code need not be published in the manner required for -other ordinances , but not less than three copies thereof shall be filed for use, and examination by the public in the office of the City Clerk prior ' to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted by ordinance . c-11 s Detailed regulations pertaining to any subject , such .,,� as the construction of buildings , plumbing and wiring, and fire regulations , arranged as a comprehensive code , may likewise be adopted by reference in the manner provided in this Section. Maps , charts and diagrams also may be adopted by reference in the same manner. Section 514. ORDINANCES . WHEN EFFECTIVE. Every ordi- nance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption : (a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (c) An ordinance declaring the amount of money neces- sary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property ; (d) , An emergency ordinance adopted in the manner pro- vided in this Article . Section 515 . ORDINANCES . VIOLATION. PENALTY . A viola- tion of any ordinance of the City shall constitute a misde- meanor and may be prosecuted in the name of the People of the State of California and/or may be redressed by civil action. The maximum fine or penalty for any violation of a City ordinance shall be the sum of Five Hundred Dollars , or a term of imprisonment for a period not exceeding six months , or both. The City Council may provide by ordinance that persons imprisoned in the City Jail for violation of law or ordinance may be compelled to labor on public works.. Section 516 . ORDINANCES . AMENDMENT. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment -of such section or subsection at length, as amended. Section 517. PUBLISHING OF LEGAL NOTICES . The City Council shall contract for the publication of all legal no- tices , ordinances and other matter required to be published in a newspaper of general circulation in the City. Each such contract shall cover a period of not less than one nor more than three years . In the event there is more than one news- paper of general circulation published within the City, the contract shall be made only after the publication of a notice inviting bids therefor. In the event there is only one news- paper of general circulation published in the City, then the City Council shall "have the power to contract with such news- paper for the printing and publishing of such legal notices or matter without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be I c-12 .the official newspaper for the publication of such notices y or other matter for the period of such contract. Any such newspaper of general circulation shall mean a newspaper ad- judicated to be a newspaper of general circulation within the city. In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character. In the event there is no newspaper of general circulation published in the City, or in the event no such newspaper .will accept such notices_ or other matter at the rates permitted herein, then all legal notices or other matter may be published by posting copies .thereof in at least three public places in the City to be designated by ordinance. No defect or irregularity in proceedings taken under this Section, or failure to designate an official newspaper, shall invalidate any publication where the same .is otherwise in con- formity with this Charter or law or ordinance. Section 518. CONTRACTS . EXECUTION. The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Coun- cil and signed on behalf of the City by the Mayor and City ..% Clerk or by such other officer or officers as shall be desig- nated by the City Council. Any of said officers shall sign a contract on behal.f .of the City when directed to .do so by the City .Council. By ordinance or resolution the City Council may authorize the .City Administrator or other officer to bind .the City , with or without a written contract, for the acquisition of equip rie•nt, materials , supplies , labor, services or other items in- cluded within the budget approved by the City Council, and may impose a monetary limit upon such authority. The City -Council -may by ordinance or resolution pro- wide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose . - . for which intended, and for the conveyance of title thereto. Contracts for the sale of the. products , commodities or services of any .public utility owned, controlled or operated by the City may made by the manager of such utility or by the head of the department or City Administrator upon forms approved by the City Administrator and at rates fixed by the City Council. c-13 The provisions of this Section shall not apply 'to the employment of any person by the City at a regular salary. ARTICLE VI CITY ADMINISTRATOR Section 600 . CITY ADMINISTRATOR. There shall be a City Administrator who shall be the chief administrative officer of the City. He shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council , provided, however, that he shall not be removed from- office except as provided in this Charter. He shall be chosen on the basis of his executive and administrative qualifications , with special reference to his actual experience in, and his know- ledge of, accepted practice in respect to the duties of his office as herein set forth . Section 601. RESIDENCE. The City Administrator need not be a resident of the City at the time of his appointment, but he shall establish his residence within the City within ninety days after his appointment, unless such period is extended by the City Council, and thereafter maintain his residence within the City during his tenure of office. Section 602 . ELIGIBILITY. No person shall be eligible to receive appointment as City Administrator. or Acting City Admin- istrator while .serving as a member of 'thy City Council nor within one year after he has ceased to be a member of the City Council. Section 603 . COMPENSATION AND BOND.. The _ City Adminis- trator shall be paid a salary .commensurate with his responsi- bilities as chief administrative officer of the City, which salary shall be established by ordinance or resolution. The City Administrator shall furnish a corporate surety bond con- ditioned upon the faithful performance of his duties in such form and in such amount as may be determined by the City Council; the premium on such bond shall be paid by the City. I Section 604 . POWERS AND DUTIES . The City Administrator shall be the cheif administrative officer and head of the ad- ministrative branch of the City Government. Except as other- wise provided in this Charter, he shall be responsible to the City Council for the proper administration of all affairs of th'e City. Without limiting the foregoing general grant of powers , responsibilities and duties , subject to the provisions of this Charter, including the personnel provisions thereof, the City Administrator shall have power and be required to : (a) Appoint, and he may promote, demote , suspend or remove , all department heads , officers and employees of the c-14 City except elective officers and those department heads , J officers and employees the power of whose appointment is vested by this Charter in the City Council. He may authorize the head of any department or office to appoint or remove subordinates in such department or office . No department head 'shall be appointed or removed until the City -Administra- tor shall first have reviewed such appointment or removal with the City Council and received its approval for such appoint- ment or removal. (b) Prepare the budget annually , submit it to the City Council, and be responsible for its administration after its adoption. (c) Prepare and submit to the City Council as of the end of• each fiscal year, a complete report on the finances of the City for the preceding fiscal year, and annually or more. fre- quently , a current .report of the principal administrative activities of the City . (d) Keep the City Council advised of the financial con- dition and future needs of the City..and make such recommenda- tions as may to him seem desirable. (e) Establish a centralized purchasing system for all City offices , departments and agencies . (f) Prepare rules and regulations governing the con- tracting for, purchasing, inspection, storing, inventory, dis- tribution and disposal of all supplies , materials and equip- ment required by any office, department or agency of the City -government and recommend them to the City Council for adoption by ordinance, and administer and enforce the same after adoption. (g) Supervise the enforcement of the laws of the State pertaining to the City , the provisions of this Charter and the ordinances , franchises and rights of the City. (h) Subject to policy established. by the City Council, exercise control of all administrative offices and departments of the .City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem: necessary or proper for the general conduct of the administrative offices and depart- ments of the City under his jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him by the City Council. Section 605. MEETINGS . The City Administrator shall be accorded a seat at all meetings of the City Council and of all boards and commissions and shall be entitled to partici- pate in their deliberations , but shall not have a vote. He shall receive notice of all special meetings of the City Coun- cil, and of all boards and commissions . He shall attend all meetings of the City Council, unless excused, except when his removal is under consideration. c-15 w Section .606 . REMOVAL. The City Administrator shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a mem- ber of the City Council is elected. At any other time the City Administrator may be removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the members of the. City Council. At least thirty days prior to the effective date of his removal, the City Ad- ministrator shall be furnished with a written notice stating the Council' s intention to remove him and, if requested by the City Administrator, the reasons therefor. Within seven days after receipt of such notice, the City Administrator may by written notification to the City Clerk request a pub- lic hearing before. the City Council, in which. event the Coun- cil shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. . The City Administrator shall appear and be heard at such hearing. After furnishing the City Administrator with written notice of his intended re- moval, the City Council. may suspend him from duty , but his compensation shall continue until his removal as herein pro- vided. In removing the City Administrator, the City Council shall use its uncontrolled discretion, and, its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City Administrator to present to each other and to the public all pertinent facts prior to the final action of removal. Section 607. NON-INTERFERENCE WITH ADMINSTRATIVE SERVICE . Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly , the appoint- ment by the City Administrator, or by any of the department heads in the administrative service of the. City, of any person to any office or employment, or his removal therefrom. Ex- cept for the purpose of inquiry , no member of the City Council shall deal with the administrative service under the jurisdic- tion. of the City Administrator except through the City Admin- istrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately. Section 608 . ACTING CITY ADMINISTRATOR. The City Admin- istrator shall appoint, subject to the approval of thy City Council , one of the other officers or department heads of the City to serve as Acting City Administrator during any temporary absence or disability of the City Administrator. If he fails to make such appointment, the City Council may appoint an officer or department head to serve as such Acting City Administrator during any such absence or disability. c-16 ARTICLE VII OFFICERS AND EMPLOYEES Section 700 . ENUMERATION. In addition to the City Coun- cil, a City Clerk, a City Treasurer, and- .City Administrator, the officers and employees of the City shall consist of a City Attorney, a Director of Finance, a Director of Public Works , a Planning Director, a Police Chief, a Fire Chief, and such other officers , assistants , deputies and employees as the City Council may provide by ordinance or .resolution. Section 701. APPOINTMENT AND REMOVAL. All officers , de- partment `heads and employees of the City, except elective of- fices , shall be appointed and may be removed as elsewhere in this Charter provided. Section 702 . ADMINISTRATIVE DEPARTMENTS . The City Coun- cil may provide by ordinance or resolution not inconsistent with -this Charter for the organization, conduct and operation of the several offices and departments of the City as estab- lished by this Charter, for the creation of additional depart- ments , divisions , .offices and agencies and for their consolida- tion, alteration or abolition. It may further provide by or- dinance .or resolution for the assignment and reassignment of functions , duties , offices and agencies to offices and depart- ments, and for the number, titles , qualifications , powers , duties, and .compensation of all officers and employees , con- sistent with this Charter. Each department so created. shall be headed by :an officer as department head. When the positions are not incompatible , the City Coun- cil may combine in- one person the powers and duties of two or more officers , provided, however, that the same person shall not hold the positions of City Treasurer and Director of Finance . Section 703 . CITY ATTORNEY . POWERS AND DUTIES To be- come. and remain .eligible for City Attorney the person elected or appointed shall be an attorney at law, duly .licensed as such under the laws of the State of California, and shall have been engaged in ' the practice of law in this State for at least three years prior to his election .or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council- and all City officers in all matters of law pertaining to their offices . (b) Prosecute on behalf of the people any or all crimi- nal cases arising from violation of the -provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise pro- vided by the City- Council. %wool c-17 ' (c) Represent and appear for the City in any or all ac- tions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or em- ployee , or former City officer or employee, in any or all civil actions or proceedings in which such officer or employ- ee is concerned or is a party for any act arising out of his employment or by reason of his official capacity . (d) Attend all regular meetings of the City Council, un- less excused, and give his advice or opinion orally or in writing whenever requested to do' so by the City Council or by any of the boards or officers of the City. (e) Approve the form of -all - contracts made by and 'all bonds and insurance given to the City , endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of his office and at such place as . may be specified by the City Council . (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to his seccessor all books , papers , files . and documents . pertaining to ,the City ' s affairs. The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge- of or may contract for any prosecutions , litigation or other legal matters or business . Section 704. . CITY. CLERK. POWERS AND DUTIES . The City Clerk shall have the. power and shall be required to: (a) Attend all meetings of the City Council , unless excused, and be responsible for the recording and maintain- ing of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate title and be devoted to such purpose. (b) Maintain separate books , in which shall be recorded respectively all ordinances and resolutions , with the certi- ficate of the Clerk annexed to each thereof stating the same to be the original or a correct copy , and as to an ordinance requiring publication, stating that the same has been pub- lished or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds . (d) Keep all books and records in his possession prop- erly indexed and open to public inspection when not in actual use . (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations , take affidavits and depositions pertaining to the affairs and business of the city and certify copies of official records. c-18 (g) Be ex-officio Assessor, unless the_ City Council has availed itself, or does in the future avail itself, of the . provisions o•f the general laws of the State relative to the assessment of property and the collection of City taxes by 'county officers , or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections . (i) Perform such other duties consistent with this Char- ter - as may be required by ordinance or resolution of the City Council. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 705. CITY TREASURER. POWERS AND DUTIES . The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the city. all taxes , assessments, license fees and other revenues .of .the City, or for the col- lection of which the City is responsible, and receive all .taxes or other money .receivable by .the City from the County, State or Federal Government, or from any court, or from any office ,"de- partment or agency of the City. (b) Have and keep • custody of all public funds belonging to or under control - of the City. or any office, department or agency of the City government and deposit or cause to be de- posited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository ,designate d in writing by the City Administrator, and in compliance with all of• the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds . (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts , disbursements and fund balances , and shall file copies of such ,reports with the City Administrator and City Council. (e) Perform such other duties consistent with this Charter as maybe required by ordinance or resolution of the City Council. The City Treasurer may, subject to the approval of the City -Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution .prescribe. c-19 Section 706 . DIRECTOR OF FINANCE. POWERS AND DUTIES . To be eligible for appointment as Director of Finance , the per- son appointed shall have had at least six years of responsible financial experience including at least four years in a public agency and shall have such other qualifications as may be re- quired by the City Council. The Director of Finance shall have the power and shall be required to: (a) Have charge of the administration of the financial af- fairs of the City under the direction of the City Administrator, and be head of the Finance Department of the City. (b) Assist- the City Administrator in the preparation and execution of the budget. (c) Establish and maintain a system of financial pro- cedures , accounts and controls for the City government and each of its offices , departments and agencies . (d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment all bills , invoices , payrolls , demands or charges against the City government; with the advice of the City Attorney, when neces- sary, determine the regularity, legality and correctness of such claims , demands or charges ; and draw warrants upon the City Treasurer for all claims and demands audited and approved as in this Charter provided specifying the purpose for which drawn and the fund from which payment is to be made. --� (e) Supervise and .be responsible for the receipt and collection of all taxes , assessments , license fees and other revenues of all City, or for the collection of which the City is responsible , and all other money receivable. by the City from the County, State or Federal Government, or from any court, office , department or agency of the City. (f) Submit to -the City Council through the City Adminis- trator a monthly statement of all revenues and expenditures in sufficient. detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a com- plete financial statement and report. (g) Supervise the keeping of current inventories of all property of the City by all City departments , offices and agencies . (h) Perform such other duties consistent with this Char- ter as may be required of him. Section 707. DIRECTOR OF PUBLIC WORKS. PLANNING DIREC- TOR. POLICE CHIEF. FIRE CHIEF. The Director of Public Works , the Planning Director , the Police Chief and the Fire Chief shall be the heads of their respective departments , and these departments shall continue and remain separate departments . c-20 Section 708. ADMINISTERING OATHS . Each department head and his deputies shall have the power to administer oaths and affirmations in connection with any. official business pertain- . ing to his department. Section 709 . ILLEGAL CONTRACT. FINANCIAL INTEREST. No member of the City Council shall have a financial interest, directly or indirectly , in any contract, sale or transaction to which the City is a party and neither shall any officer or employee , or member of any board or commission, have an inter- est. in any contract, sale or transaction to which the City is a party and which comes before said officer or .ernployee , or member -of any board or commission, or the deparment or .office of the City with which he is connected, for official action. Any such contract or transaction in which there shall be such an . interest shall become void at the election of the City, when so declared by resolution of the City Council. No member of the City Council, City official or employee, or member of any board or commission, shall be deemed to have a financial interest, within the meaning of the foregoing pro- visions , in any contract made with a corporation by reason of the ownership of stock in such corporation unless said stock owned by him shall amount to at least three percent of all the stock of such corporation issued and outstanding: No City Councilman or member of any board or commission shall vote on or participate in any contract or transaction in which he has .r' directly or indirectly a financial interest whether as a stockholder of the corporation or otherwise . If any officer, or employee , or member of any board or commission,' during the term for which he was elected or appointed, shall so vote or participate., or . shall have a financial interest as aforesaid, upon conviction thereof, he. shall forfeit his office. Section 710 . ACCEPTANCE OF OTHER OFFICE . Any elective officer of the City who shall accept or retain any other elec- tive public office , . except as provided in this Charter, shall be deemed thereby to have vacated .his office under the City government. Section 711. NEPOTISM. The City Council shall not ap- point to a salaried position under the City government any per- son who is a relative by blood or marriage .within the third degree of any one or more of the members of such City Council, nor shall the City Administrator or any department head or , other officer having appointive power appoint any relative of his or of any Councilman within such : degree to .any such posi- tion. Section 712 . OFFICIAL BONDS . The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required c-21 by this Charter or by ordinance to give such bonds . All bonds shall be executed by responsible corporate surety , shall be approved as to form by the City Attorney, and shall be filed with the City _Clerk . Premiums on official bonds shall be paid by. the City. A blanket bond .may be used if it provides the same protection as the required separate bonds would pro- vide . In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall .be no personal liability upon, or any right to recover against, .his superior officer or other- officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission, or has con- spired in the wrongful act directly or indirectly causing the loss . ARTICLE VIII APPOINTIVE BOARDS AND COMMISSIONS Section 800 . IN GENERAL. There shall be the following named advisory boards and commissions which shall have the powers and duties herein stated. In addition, the City Coun- cil may create by ordinance such additional advisory boards or commissions as in its judgment are required, and may spec- ify the number of members thereof, their terms and manner of appointment, and may grant to them such powers and duties as are consistent with the provisions of this Charter. Section 801. APPROPRIATIONS . The City Council .shall in- clude in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions . Section 802 . APPOINTMENTS . TERMS . The members of each of the boards or commissions hereinafter named in this Article shall be appointed by the City Council from the registered voters of the City, none of whom shall hold any full time paid office or employment in the City government. They shall be subject to removal by motion of the City Council adopted by the affirmative votes of a majority of the total membership thereof. The members thereof shall serve for terms of four years and until their respective successors are appointed and qualified. The terms shall be staggered so that the num- ber of terms on any such board or commission expiring. in any year shall not differ by more than one from the number of . terms expiring in any other year. Such terms shall expire on June Thirtieth of the appropriate year. A vacancy occurring before the expiration of a term shall be filled by appoint- ment for the remainder of the unexpired term. c-22 Section- 803. EXISTING BOARDS . The members of the boards and commissions holding office when this Charter takes effect shall continue to hold office thereafter until their respective terms of office shall expire and until their successors shall be appointed and qualifed. If the membership .of any board or commission is reduced or increased.by this Charter, the -members to be added or eliminated shall be determined by the City Coun- cil. The terms of the members of any existing board or com- mission shall- be adjusted, if necessary, to comply with the pro- visions of this Charter. Section 8,04 :.. MEETINGS . CHAIRMAN. As' soon. as practicable , following the . first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of the board or commission. All meetings of said boards and commis- sions shall .be open to the public and all persons shall be permitted to attend such meetings , except that the provisions of this sentence shall not apply to executive sessions to con- sider the appointment, employment, discipline or dismissal of a- public officer or employee onto hear complaints or charges against any such..officer or employee. The City Administrator shall designate a secretary for each of such boards and commissions who need not be a member of such board and commission, and who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations , which shall be � consistent with this Charter and shall be subject to the approval of the City Council. Copies of such rules shall be kept on file in the office of the City. Clerk where they shall be available for public inspection. . Section 805 . OATHS . AFFIRMATIONS . Each member of any such board or commission, and the secretary. thereof, shall have the power to administer oaths and affirmations in any in- vestigation or proceeding pending before such board or com- mission. Section 806 . PLANNING_ COMMISSION. POWERS AND DUTIES . There shall be a Planning Commission consisting of seven mem- , bers who shall have been residents of the City for at least two .years immediately- preceding ' their. appointment. The City Attorney and Director 'of Public Works, or their assistants, shall attend all meetings of- the Planning Commission unless excused therefrom. The Planning Commission shall have the power and .be required to: .(a) Recommend to the City Council after a public hear- ing thereon, the adoption, amendment or' repeal of a Master or General Plan, or any part thereof, for guidance in the physi- cal development of the City. -c-2 3 (b) Exercise such functions with respect to land sub- divisions as shall- be provided by ordinance not inconsistent with the provisions of this Charter. (c) Exercise such functions with respect to zoning, building, land use , precise plans, specific plans , and related matters may be prescribed by ordinance not inconsistent with the provisions of this Charter. (d) Perform such other functions not inconsistent with this Charter as may be delegated to it by the City Council. Section , 807. LIBRARY BOARD. POWERS AND DUTIES . There shall be a Library Board consisting of five members which- shall have the power and duty to: (a) Make recommendations to the City Council for the operation and conduct .of City libraries . (b) Recommend to the City Council rules and regulations and by-laws for the administration and protection of City li- braries . - (c) Recommend to the City Council the duties and qualifi- cations of the librarian and other officers and employees of the libraries . (d) Make recommendations concerning the acquisition of books , journals , reports , maps , publications and other person- al property. (e) Make recommendations concerning the purchase or lease of real property and the rental or provision - for ade- quate facilities , buildings or rooms for library purposes . (f) Make recommendations concerning the borrowingof library materials from and lending library materials to and exchanging library materials with other libraries subject to any costs and expenses approved by the City Council. (g) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto -to the City Council and the City Admin- istrator. (h) Within sixty days after the close of each fiscal year, report to the City Council on the condition of the li- braries for the preceding fiscal year and on such other "matters deemed expendient by the Library Board. (i) Exercise such other functions not inconsistent with this Charter as maybe prescribed by ordinance . Section 808 . PERSONNEL BOARD. POWERS AND DUTIES . There shall be a Personnel Board consisting of five members , none of the members of which while a member of said board or for a period of one year after he has ceased for any reason to be a member, shall occupy or be eligible for appointment to any salaried office or employment in the service of the City. The Personnel Board shall have . the power and be required to: c-24 (a) Act in an advisory capacity: to the City Council and City Administrator on personnel administration. (b) After a public hearing thereon, recommend to the City Council, the adoption, amendment or repeal of personnel rules and regulations . (c) Make. any investigation upon request of the City Coun- cil concerning the administration of personnel in the municipal service and report its findings to the City Council and City Ad- ministrator. . (d) Hear appeals of any officer or employee under the Per- sonnel System who is suspended for a period of more than thirty days , demoted or removed, and report in writing to the appoin- ting power and City Council, its findings, conclusions and re- commendations . (e) Exercise such functions with respect to personnel or the Personnel System, ,not inconsistent herewith, as may be pre- scribed by ordinance or requested by the City Council. ARTICLE. IX BOARD OF. EDUCATION Section 900 . STATE LAW GOVERNS. The manner in which, the times at which, and the terms for which the members of the Board of Education shall be elected or appointed, their quali- fications , compensation and removal and the number which shall constitute such board shall be as now or hereafter prescribed by the Education Code of the State of California, provided that the number of members which shall constitute such board shall be five unless and.. until said number shall be changed by or pursuant to the terms of said Education Code. Section 901. EFFECT OF CHARTER ON DISTRICT. . The adop- tion of this Charter .shall not have the effect of creating any new school district nor shall the adoption of this Charter have any effect upon the existence or . boundaries of any pre- sent school district within the City or of which the City com- . prises a part, but each such .present school distric shall con- tinue in existence subject to the provisions of the laws of the State of California as the same now exist or hereafter may exist. Section 902 . EFFECT OF CHARTER ON BOARD. The five mem- bers of the Board of Education in office -on the effective date. of this Charter shall continue as such until the expira- tion of their terms and until the election and qualification of their respective successors under said Education Code; and if necessary, the Board of Education shall adjust the term of one or more of its members by not more . than one year so that hereafter the terms of the members of said Board shall comply with said Education Code. c-25 4� ARTICLE X PERSONNEL SYSTEM Section 1000 . SYSTEM TO BE ESTABLISHED. The City Council shall, within six months of the effective date of this Charter, by ordinance establish a comprehensive personnel system for the selection, employment,. classification, advancement, demotion, suspension, discharge and handling of grievances of those ap- pointive officers and employees who shall be included in the system. The system shall consist of the establishment of min- imum standards of employment and qualifications for the var- ious classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall deter- mine to be for the best interests of the public service. The ordinance shall designate the departments and the appointive officers and employees who shall be included within the sys- tem. By subsequent ordinances the City Council may amend the system or the list of departments and appointive officers and employees included within the system, provided, however, that once included within the system, no department, officer or employee shall be withdrawn therefrom (unless the department.,- office or position is actually abolished or eliminated) with- out the approval of such withdrawal at a regular or special election by a majority of the voters voting on such proposi- tion. The system shall comply with all other provisions of this Charter. ARTICLE XI RETIREMENT Section 1100 . STATE SYSTEM. Authority and power are here- by vested in the City, its City Council and its several officers , agents, and employees to do and perform any act, and to exer- cise any authority granted, permitted, or required under the provisions of the State Employees ' Retirement Act, as it now exists or hereafter may be amended, to the City to- continue as a contracting City under the State Employees ' Retirement System. The City Council may terminate any contract with the Board of Administration of the State Employees ' Retirement System only under authority granted by ordinance adopted by a majoity vote of the electors of the City voting on such proposition at an election at which such proposal is presented. ARTICLE XII FISCAL ADMINISTRATION Section 1200 . FISCAL YEAR. The fiscal year of the City government shall begin on the first day of July of each year and end on the thirtieth day of June of the following year. c-26 Section 1201. ANNUAL BUDGET , PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine, each board or commission and each department head shall furnish to the City Administrator, personally , or through the Director. of Finance, estimates of revenue and expenditures for his department or for such board or commission for the en- suing fiscal year, detailed in such manner as may be prescribed by the City Administrator. In preparing the proposed budget, the City Administrator shall review the estimates , hold con- ferences thereon with the respective department heads , boards or commissions as necessary, and may revise the estimates as he may .deem advisable . Section 1202. BUDGET. SUBMISSION TO CITY COUNCIL. AT least thirty days prior to the beginning of each fiscal year, the City Administrator shall submit to the City Council the proposed budget as prepared by him. After reviewing same and -making such revisions as it may deem advisable , the City , Council shall determine -the time for the holding of a public hearing thereon and shall .cause to be published a notice there- of not less than ten days prior to said hearing., by at least one insertion in the official newspaper. Copies of the pro- posed budget shall be available for inspection .by the public in the office of the. City Clerk at least ten days prior-to said hearing. Section 1203. BUDGET. PUBLIC HEARING. At the time so ad- vertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the. proposed budget, at which interested persons de- siring to be heard shall be given such opportunity. Section 1204. BUDGET. FURTHER CONSIDERATION AND ADOPTION. At 'the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem 'advisab le and' on or before June 30 it shall adopt the budget ,with ..revisions, if any, by the affir- mative votes .of at least . a.majority of the total members of the Council. Up.on' final adoption, the budget shall be in ef- fect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Administrator, Director of Finance , City Treasurer, and the person retained by the City Council to perform the post audit function, and a further copy shall be place, and shall remain on file , in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments , offices and agencies of -the City. c-27 Section 1205 . BUDGET. APPROPRIATIONS . From the effective �- date of the budget, the several amounts stated therein as pro- posed expenditures shall be and become appropriated to the sev- eral departments , offices and agencies for the respective ob- jects and purposes therein named, provided, however, that the City Administrator may transfer funds from one object or pur- pose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or law- fully encumbered. At any public meeting after the adoption of the budget, the City Council may amend -or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council. Section 1206 . CENTRALIZED PURCHASING. Under the control and direction of the City Administrator there shall be estab- lished a centralized purchasing system for all City depart- ments and agencies , .except as otherwise provided in this Char- ter. The City Administrator shall .recommend and the City Coun- cil shall consider and adopt by ordinance , rules and regula- tions governing the contracting for, purchasing, ,storing, and distribution of all supplies , materials and equipment re- quired by any office, department or agency of the City govern- ment. Section 1207. TAX LIMITS . (a) The City Council shall not levy a property tax for municiapl purposes in excess of One Dollar annually on each One Hundred Dollars of the- assessed value of taxable property in the City, except as otherwise provided in this Section, un- less authorized by the affirmative votes of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes . is submitted to the electors . The number of years that such additional levy is to be made shall be spec- ified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes. for municipal purposes are levied and collected, as additional taxes not sub- ject to - the above limitation, if no other provision for pay- ment thereof is made, : 1. A tax sufficient to meet all liabiliies of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2 . A tax sufficient to meet all obligations of the City under the State Employees ' Retirement System, the Federal Insurance Contributions Act, or other plan, for the retirement of City Employees , due and unpaid or to become due during the ensuing fiscal year. c-2 8 (c) Special levies, in addition to the above and not sub- ject to the above limitation, may be made annually, based on City Council approved estimates , for the following specific purposes , but not to approved estimates , for the following spec- ific purposes , but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit: parks and recreation not to exceed $0. 20 per One Hundred Dollars ; libraries not to exceed $0. 15 per One. Hundred Dollars ; advertising, music and promotion not to exceed $0.05 per One Hundred Dollars ; - civil defense and dis- aster preparedness not to exceed $0.03 per One Hundred Dollars; and .for public museums of - natural.- and historical objects not to exceed $0 .02 per One Hundred Dollars . The proceeds of any such special levy shall be used for no other purpose than that specified. Section 1208. TAX PROCEDURE. The procedure for the as- sessment, levy and collection of taxes upon property, taxable for municipal purposes , shall be prescribed by ordinance of the City Council. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the rate for the next pre- ceding fiscal year shall thereupon -be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 1209 . BONDED DEBT LIMIT. The City shall not in- cur an indebtedness evidenced by general obligation bonds which shall .in the aggregate exceed the sum of fifteen percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of the majority required by law of the electors voting on such proposition .at any election at which the question is submitted to the. electors . `Section 1210 . REVENUE BONDS . Bonds which are payable only out of such revenues , other than taxes , as may .be speci- fied in such bonds , may be issued when the City Council- by ordinance shall have established a procedure for the issuance of such bonds. Such bonds , payable only out of revenues , shall not constitute an indebtedness or general obligation of the City.. No such bonds payable out of revenues shall be issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the . holders of any such bonds payable only from revenues and which shall not constitute a c-29 general obligation of the City for the establishment of a fund or funds , for the maintaining of adequate rates or charges , for restrictions upon further indebtedness payable out of the same fund or revenues , for restrictions upon transfer out of such fund, and other appropriate covenants . • Money placed in any such special fund for the payment of princi- pal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the pur- pose for which such special funds were established and shall be deemed. segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 1211. CONTRACTS ON PUBLIC WORKS . Except as hereinafter expressly provided, every contract involving an expenditure of more than Ten Thousand Dollars ($10 ,000) for the construction or improvement (excluding maintenance and repair) of public buildings , works ,streets , drains , sewers , utilities, parks and playgrounds , and each separate purchase of materials or supplies for the same , where the. expenditure required for such purchase shall exceed the sum of Ten Thou- sand Dollars ($10 ,000) , shall be let to the lowest responsible bidder after notice by publication in the official newspaper by two or more insertions , the first of which shall be at least ten days before the time for opening bids . The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids , or if no bids are received, or without advertising for bids if the total amount of the contract or project is less than Ten Thousand Dollars ($10 ,000) , the City Council may declare and determine that in its opinion, the work in question may be. performed better or more economically by the City with its own employees , or that the materials or supplies may be pur- chased at a lower price in the open market , and after the adop- tion of a resolution to this effect by the affirmative votes of a majority of the total members of the City Council, it . may proceed to have said work done or such materials or sup- plies purchased in the manner stated without further obser- vance of the provisions of this section. Such contracts may be let and such purchases made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life , health , or property and shall be authorized by the affirmative votes of at least two-thirds of the total members of the City Council. Projects for the extension, replacement or expansion of the transmission or distribution system of any existing pub- lic utility operated by the City or for the purchase of supplies c-30 or equipment for any such project or any such utility may be accepted from the requirements of this section by the affirma- tive vote of a majority of thy total members of the City Coun- cil. Section 1212 . CONTINGENCY FUND. The City Council may maintain a revolving fund, to be known as the "Contingency Fund, " for the purpose of placing the payment of the running .expenses of the City on a cash basis . A balance may be built up in. this fund from any available sources , other than funds which are by law or this Charter restricted to a particular use ,' in an amount which the .City Council deems sufficient with which to meet all lawful demands against the City for the first five months , or other necessary period, of the succeeding fiscal year prior to the receipt of sufficient revenues . Transfers may be made by the City Council from such fund to any other fund or funds of such sum or sums as may be required for the purpose of placing such funds , as nearly as possible, on a cash basis. All money so transferred from the Contin- gency Fund shall be returned thereto before the end of the fiscal year. Section 1213. CAPITAL OUTLAYS FUND. A fund for capital outlays generally is hereby created, to be known as the "Cap- ital Outlays Fund" and to be a continuation of any existing Capital Outlays Fund. The City Council may create by ordi- nance. a special fund or funds for a ..special capital outlay purpose . The City Council. may levy and collect taxes for capital outlays and may include .in the annual tax levy a levy for such purposes in which event it must apportion and appropriate to any such fund or funds the moneys derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless autho- rized by. the affirmative votes of a majority of the electors voting . on the proposition at any election at which such ques- tion is submitted. The City Council may transfer to any such . fund. any unencumbered surplus funds remaining on hand in the City at any time. Once created, such fund .shall remain inviolate . for the purpose for which it was created; if for capital outlays gen- erally, then for any such purposes , and if for a -special cap- ital outlay, then for such purpose only , unless the use of such fund for some other capital outlay purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election 'at which such proposition is submitted. If the purpose for which any special capital outlay fund has been created has been accomplished, the City Council may transfer any unexpended and unencumbered surplus remaining in such fund to the fund for capital outlays generally , established by this Charter. c-31' Section 1214. TREASURER' S DEPARTMENTAL TRUST FUND. The City Council may prescribe by ordinance for the setting up of a Treasurer's Departmental Trust Fund into which the collec- tions of or deposits with the police department, license col- lector, building official and other officers and departments authorized to make collections or receive deposits may be deposited at frequent intervals each month, with advice of each deposit being furnished to the City Treasurer and Direc- tor of finance . The City Treasurer shall make withdrawals from such a fund only on order signed by the Director of Fin- ance and for . the following purposes : (a) Making a refund of refundable deposits when such re- fund is legally due from the City. (b) Revolving fund advances authorized by the City Council. (c) Correction of clerical or ministerial errors in the receipt of payments to the City. (d) Making settlements with City funds at the end of each calendar month for collections or deposits accumulated during the month. Section 1215 . OTHER FUNDS . The City Council may estab- lish by ordinance such other funds , not inconsistent with the provisions of this Charter, as it may consider appropriate or desirable . Section 1216 . CLAIMS AND DEMANDS . PRESENTATION AND PAY- MENT. Procedures prescribed by the State Legislature govern- ing the presentation,. consideration and enforcement of claims against chartered cities or against officers , agents and em- ployees thereof shall apply to the presentation, consideration and enforcement of claims against the City. In the absence of applicable procedures prescribed by the State Legislature, and to the extent that the same are not inconsistent therewith, the following provisions of this Sec- tion shall govern the presentation, processing and payment of all claims and demands against the City. All claims for damages against the City must be presented in writing to the City Clerk within one hundred days after the occurrence , event or transaction from which the damages alleg- edly arose , and shall set forth in detail the name and address of the claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries or damages sus- tained. All such claims shall be approved or rejected in writing by order of the City Council and the date thereof given. All other demands against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance within one hundred days after the last item of the account or c-32 T claim accrued. The Director of Finance shall examine the -Now same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and draw his warrant on the City Treasurer therefor, payable out of the proper fund. Otherwise he shall reject it. Objections of the Director of Finance may be overruled by the City Council and the warrant ordered drawn. The Director of Finance shall transmit such demand, with his approval or rejec= tion thereof endorsed thereon, and warrant, if any , .to the City Administrator. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City, Administrator before payment; otherwise it shall require the the approval of the City Council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Administrator to approve any demand, in whole or in part, may present the same to the City Council which, after examining into ,the matter, . shall approve or reject the demand in whole or 'in part. Section 1217. ACTIONS AGAINST CITY . No suit shall be brought for money or damages . against the City or any board, commission or officer thereof on any cause of 'action for which this Charter or the. general law requires a claim to be presented, until a claim or demand for the same has been presented as in this Charter 'provided' and such claim and demand has been .re- jected in. whole or in part. If rejected in part suit may be brought to recover the whole . Failure to complete action ap- proving .or rejecting any claim or demand within forty-five days from the day the same is presented shall be deemed a rejec tion thereof. Section 1218. REGISTERING WARRANTS . Warrants on the City Treasurer which are not paid for Pack of funds shall be regis- tered. All registered warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the City Council by resolution. Section 1219 . INDEPENDENT AUDIT. The City Council shall employ at the beginning of each fiscal year, an independent certified public accountant who shall , at such time or times as may be specified by the City Council, at least annually, and at such other times as he shall determine , examine the books, records_ , inventories and reports of all officers and employees who receive, control, handle or disburse public funds and of all such other officers , employees or departments as the. City Council may direct. As soon as practicable after the end of the fiscal year, a final .audit and report shall be submitted by such accountant to the City Council, one copy c-33 1 . 1W thereof to be distributed to each member, one to the City Administrator, Director of Finance, Treasurer, and City Attor- ney, respectively, and sufficient additional copies of the au- dit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statment as of the close of the fiscal year shall be published in the official newspaper. Section 1220 . SALE OF .PUBLIC UTILITY. No public utility now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of unless autho- rized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative votes of at least two-thirds of the electors voting on such proposition at a general or special election at which such proposition is submitted. ARTICLE XIII ELECTIONS Section 1300 . GENERAL MUNICIPAL ELECTIONS . General mu- nicipal elections for the election of officers , except members of the Board of Education, and for such other purposes as the City Council may prescribe shall be held in the City on the second Tuesday in April in each even numbered year. The first such general municipal election shall be held on the second Tuesday in April , 1966 . Section 1301. SPECIAL MUNICIPAL ELECTIONS . All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections . Section 1302 . PROCEDURE FOR HOLDING ELECTIONS.. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections , so far as the same are not in conflict with this Charter; provided, however, that in the case of the first election held under this Charter, the time for filing nomination papers and the time for publishing the no- tice of election is extended until the fortieth day prior to the election. Section 1302 . 1. CANVASSING OF BALLOTS . The City Council shall meet at its usual place of meeting at a regular special or adjourned meeting, the Monday following the election, to receive the canvass of the returns and to install the newly elected officers . Any provision of the Charter inconsistent herewith is hereby repealed. �.y c-34 f Section 1303. INITIATIVE, REFERENDUM AND RECALL. There -o'" are hereby reserved to the electors .of the City the powers of the initiative and referendum and of the recall of municipal elective officers . The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers , shall apply to the use there- of in the City so far as such provisions of the Elections. Code are not in conflict with the provisions of this Charter. Section 1304. FILING FEE . A filing fee in the amount of $100 shall "be paid to. the City Clerk at. the time forms for nomination papers are obtained from said Clerk for any elec- tive position. Said Clerk shall not deliver any nomination papers to any person until said fee is paid. No part of such fee shall be refundable. Section 1305 : NOMINATION PAPERS . Nomination papers for candidates for elective municipal office must be signed by fifty electors of the city . ARTICLE XIV FRANCHISES Section 1400 . GRANTING OF FRANCHISES . Any person, firm or corporation furnishing the' City or its inhabitants with transportation, communication, terminal facilities , water, light, heat, electricity, gas power, refrigeration, storage or any other public utility or service , or using the public streets ways, -alleys or places for the operation of plants , works or equipment for the furnishing thereof, or traversing any portion of the City for- the transmitting or. conveying of any such service elsewhere, may be required by ordinance to have a . valid and existing franchise therefor. The City Council is empowered to grant such franchise to any person, firm or corporation, whether operating under an existing franchise or . not, and to prescribe the terms and conditions of any such grant. It .may also provide; by procedural ordi- nance , the method of procedure and additional terms and con- ditions of such grants , or the making thereof, all subject to the provisions of this Charter. . Nothing in this Section, or elsewhere in this Article , shall apply to the City, or to any department thereof, when furnishing any such utility or service . Section 1401. RESOLUTION OF INTENTION. NOTICE AND PUBLIC HEARING. Before .granting any franchise , the City Council shall pass a resolution declaring its intention to grant the same , stating the name of the proposed grantee , the character of the franchise and the terms and •conditions upon which it is proposed to be granted. Such resolution shall fix and c-35 set forth the day , hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard there- on. It shall direct the City Clerk to publish said resolution at least once , within fifteen days of the passage thereof, in the official .newspaper. The time fixed for such hearing shall not be less than twenty nor more than sixty days after the passage of said resolution. At the time set for the hearing the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the 'resolution of intention to grant the same, subject to the right of referendum of the people, or it may deny the same . If the City Council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be. granted, a new resolution of intention shall be adopted and like proceedings had thereon. Section 1402 . TERMS OF FRANCHISE. Every franchise shall state the term for which it is granted, which , unless it be, indeterminate as provided for herein , shall not exceed forty years . A franchise grant may be indeterminate, that it to say, it may provide that it shall endure in full force and effect until the same shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property ac- tually used and useful in the exercise of such franchise and situate within the territorial limits of the State , municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof. Section 1403. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES . ,Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises , rights or privileges owned by the grantee, or by any successor of the grantee to any right under franchise , for the render- ing of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10 , 1911. The acceptance of. any franchise hereunder, shall operate as an -abandonment of all such franchises , rights and privileges within the limits of the City as such limits shall at any time `exist, in lieu of which such franchise shall be granted. c-36 Any franchise granted hereunder shall not become effec- tive until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall . be filed within ten days after the adoption of the ordinances granting the franchise , or any extension thereof granted by the City Council , and when- so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional territory any and all franchises , rights and privileges owned by the . grantee therein, except a franchise derived under said con- stitutional provision, shall likewise be deemed to be abandoned within- the .limits of such territory. No grant of any fran- chise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the trans- feree or assignees thereof shall covenant and agree to per- . form and be bound by each and all of the terms and .conditions imposed in the grant or by procedural ordinance and by this Charter. Section 1404. EMINENT DOMAIN. No franchise- grant shall in any way , or to any extent, impair or affect the right of the City to acquire the property of thy grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away on to modify or to. abridge, either for a .term or in perpetuity, the City' s right of eminent domain with respect to any public utility. Section 1405. DUTIES OF GRANTEES . By its acceptance of any franchise hereunder, the grantee shall .covenant and agree to perform and be bound by each and all of the terms and con- ditions imposed in the grant, or by procedural ordinance and shall further agree to : (a) Comply with .all lawful ordinances , rules and reg- ulations theretofore or thereafter adopted by the City Council in .the exercise of its police power governing the construction, maintenance and operation of its plants , works or equipment. (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise . (c) Indemnify and hold harmless the City and its of- ficers and employees from any and all liability for damages proximately resulting from any operations under such fran- chise and provide such insurance and/or bond as the City Coun- cil may require . (d) Remove and -relocate without expense to the City any facilities installed, used and maintained under the fran- chise if and when made necessary by any lawful change of grade, alignment or width of any public street, way , alley or place , including the construction of any subway or elevated transit facilities , or by the construction or improvement of any c-37 public property or facility , or if the public health,. comfort, welfare , convenience ,. or safety so demands . (e) Pay to the City during the life of the franchise a percentage , to be specified in the grant , of the gross an- nual receipts of the grantee within the limits of the City , or such .other compensation as the City Council may prescribe in the grant. Section 1406 . EXERCISING RIGHTS WITHOUT FRANCHISE . The exercise by any person, firm or corporation of any pri- vilege for which a franchise is required, without possessing a valid and existing franchise therefor, shall be a misde- meanor and shall be punishable in the same manner as viola- tions of this Charter are punishable and each day that such condition continues to exist shall constitute a separate violation. ARTICLE XV MISCELLANEOUS Section 1500 . DEFINITIONS . Unless the provisions or the context otherwise requires , as used in this Charter : (a) "Shall" is mandatory , and "may" is permissive . (b) "City" is the City of Huntington Beach and "depart- ment" , "board" , "commission" , "agency" , "officer" , or "employ- ee" , is a department, board, commission, agency, officer or employee , as the. case may be, of the City of Huntington Beach. (c) . - "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the femin- ine includes the masculine .. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 1501. VIOLATIONS . The violation of any provi- sion of this Charter shall be a misdemeanor and shall be pun- ishable upon conviction by a fine of not exceeding Five Hun- dred Dollars or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each day that any such violation . continues shall constitute a separate violation. Section 1502 . VALIDITY. If any provision of this Charter or the application thereof to any person or circumstancE! is held invalid, the remainder of the Charter, and the applica- tion of such provision to other persons or circumstances , shall not be affected thereby. c-38 1. 01. 010--1. 01. 030 Title 1• GENERAL PROVISIONS Chapters: 1. 01 Code Adoption 1. 07 . General Provisions 1. 07 Official Seal 1. 12. City Hall 1. 7 General Penalty--Enforcement 1: 20 Notices Chapter 1. 01 CODE ADOPTION Sections : 1. 01. 010 Repeal of ordinance code. 1. 01. 020 Adoption. 1. 01. 030 Title--Citation--Reference. 1. 01. 040 Codification authority. 1. 01. 050 Reference applies to all amendment. 1. 01. 060 Title., chapter and section headings. `�► . 1: 01. 070 Reference• to specific ordinances . 1. 01. 080' Effect of .code on past actions and obligations . 1. 01. 090 ' Effective. date. . 1. 01..010 Repeal of ordinance code.. The Huntington .Beach Ordinance Code, excepting Division 9 thereof, is hereby repealed. 1. 01. 020 Adoption. Pursuant to the provisions of Article V, Section 513 of the Charter of the City of Huntington Beach, there is hereby adopted the "Huntington Beach Municipal Code," as published by Book Publishing Company, Seattle, Washington, together with those secondary codes adopted by reference as authorized by the Charter of the City of Huntington Beach, save and except those portions of the secondary codes as _are deleted or modified by the provisions of the Huntington Beach Municipal Code. . 1. 01. 030 Title--Citation--Reference. This code shall be known as the Huntington Beach Municipal Code and it shall be sufficient to refer to- said code as the Huntington Beach Municipal Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate. any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an- addition to, amendment to, correction or repeal of the Huntington Beach Municipal Code. Further reference may be had l , 1 . 01. 040--1. 01 . 090 to the titles , chapters, sections and subsections .of the Huntington Beach Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. 1. 01. 040 Codification authority. This code consists of all the regulatory and penal ordinances and -certain of the administrative ordinances of the City of Huntington Beach, codified pursuant to the provisions of Article V, Section 513 of the Charter of the City of Huntington Beach. 1-01. 050 Reference applies to all amendments. . Whenever a reference is made to this code as the Huntington Beach Municipal Code or to any portion thereof, or to any ordinance of the City of Huntington Beach, the reference shall apply to all .amendments, corrections and additions heretofore, now or here- after made. 1 . 01. 060 Title, chapter and section headings .. Title, chapter and section headings contained herein shall not be deemed to govern, limit, .modify or in: any manner affect the scope, meaning or intent of the provisions of any title, chapter• or section hereof. 1. 01. 070 Reference to specific ordinances . The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein.- specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. * 1. 01. 080 Effect of code on past actions and obligations. Neither the adoption of this code nor the repeal or amendment hereby. of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for viola- tions of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances , nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinances and all rights and obli- gations thereunder appertaining shall continue in full force and effect. 1. 01 . 090 Effective date. This code shall become effective on the date the ordinance adopting this code as the "Huntington Beach Municipal Code" shall become effective. 2 1.04. 010 Chapter 1. 04 GENERAL PROVISIONS Sections : 1 .04 .010 Definitions . 1 .04. 020 Severability. 1. 04.030 Construction--Generally. i 1. 04.040 Territorial limitation. s 1. 0.4..050 Local signification. 1.04. 060 Construction--Titles of officers , boards and commissions . 1.04 . 010 Definitions . As used in this code, unless a different meaning is apparent from the context or is specified elsewhere in the code: (a ) "Board" and/or "commission" includes all council appointed groups , committees, commissions , boards and any other council appointed bodies . (b ) "City" means. the city of Huntington Beach. (c ) "Council" means the city council of this city. (d) "Oath" includes affirmation. .(e ) "Person" means and includes a- natural person, corpora tion, company , firm, association, organization, partnership, joint venture., trust, syndicate, estate, receiver, social club, fraternal. organization, any group or combination acting as a unit, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee, fiduciary, and officer, agent, employee and servant of any of .the foregoing. (f) "Public nuisance," for the purposes of this code, means anything which is injurious to the senses , or an ob— struction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire neighborhood, ..or by any considerable number of persons , or unlawfully obstructs the free passage or use, in the customary manner, _of any navigable lake, or river, bay, stream, "canal or basin, or any public park, .square, street or 'highway. . (g) "Section," "chapter" and "title" mean, respectively, section, chapter and title of this code. (h) "Shall" and "must" are mandatory and "may" is per- missive. (i) "Written" includes every form of legible recording. (j ) Undefined words. Words and phrases not defined in this code are construed according to the approved usage of the language . (k) Number. The singular number includes the plural, and the plural the singular. 3 1. 04 .020--1. 04 . 060 (1 ) . Gender. Words used in the masculine gender includes the feminine and neuter. (m) Tense . Words used in the present tense include the future . (Ord. 1935 , 6 Nov 1974 ; Ord. 1825 , 4/73; Ord. 588, 7/52 ) . 1 . 04 .020 Severability . If any section, subsection, sen- tence, clause, phrase or portion of this code, or any future . amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, :such decision shall not affect the validity of the remaining portions of this code, or any future amendments• or additions hereto. The city council declares that it .would have adopted this code and each section, subsection, sentence , clause, phrase or portion of any future amendments or additions thereto, irrespective of the fact that any one or more sections , subsections, clauses, phrases, por- tions or any future amendments or additions thereto be de- clared invalid or unconstitutional. (Ord. 1935 , 6 Nov. 1974; Ord. 1540, 12/69 ; Ord. 588, 7/52) . 1.04. 030 Construction--Generally. The provisions of this code and all proceedings under it are to be construed to effect its object and to bromote ,justice. (Ord. 588, 7/52) . 1. 04 . 040 Territorial limitation. This code shall re- fer only to the omission or commission of acts within the territorial limits of the city and that territory outside of this city over which the city has .jurisdiction or control by virtue of the Constitution, or any law, or by reason of owner- ship or control of property. (Ord. 588, 7/52) . 1. 04 . 050 Local signification. All references in this code to places , acts , persons or things and all. else in re- lation to this code shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not .. (Ord. 588, 7/52) . 1 . 04. 060 Construction--Titles of officers, boards and commissions . The use of the title of any officer, employee, office, department , board, commission or ordinance shall mean such officer, employee, office, department, board, commission or ordinance of the city, unless otherwise designated. (Ord. 588, 7/52) . 4 1. 08. 010--1. 12 .020 Chapter -.1.08 OFFICIAL SEAL Sections : 1. 08. 010 . Design--Inscription. 1. 08. 010.. _Design--Inscription. The common seal of the city shall be so constructed as to make the following im- prpssion: a .ci.rcle.; with a. centerpiece .consisting of a .view of ocean waves , with the outline of Catalina Island, as seen from . the city; in the background, and with the words; "City of Huntington Beach; .Orange County, California, Incorporated February 17th; 1909 A.D " surrounding said centerpiece and near the inside margin of the circle. (Ord. 3i 3/09) . Chapter 1.12 CITY HALL Sections : 1. 12 :010 Designation. 1. 12 020 Location of civic center: 1. 12:.010 Designation: The room or building used by the council of the city for its .meetngs shall be called the "City Hall. " (Ord. 1 2/09) 1. 12. 020 Location .of. .ciVic. center. Those certain municipal buildings in the city of Huntington Beach and within the area bounded by Mansion Avenue on the north, Main Street on the west, and Seventeenth Street on the southeast shall be the civic center of the city of Huntington Beach. (Ord. 1908, 3/74 ; Ord. 1337, 7/673 Ord. _262, 6/23; Ord. 1, 2/09) . Chapter 1.16 GENERAL PENALTY--ENFORCEMENT Sections : 1.16 . 010 Violation-=Misdemeanor. 1. 16 .020 Continuing violation. .1,.16 . 030 Penalty--Misdemeanor. 1`. 16.040 Penalty-=Infraction. 5 1. 16 .010--1 . 16 . 070 1.16 . 050 Form of action. i 1. 16 .060 Abatement of nuisances . 1.16 . 070 Public nuisance maintenance--Prosecution. . 1.16. 010 Violation--Misdemeanor. Any person who violates or willfully fails to comply with any provision of this code is guilty of a misdemeanor, except where otherwise expressly provided in this code . (Ord. 1902, 3/74; Ord. 588, 7/52) . 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. (Ord. 588, 7/52) • 1. 16 . 030 Penalty--Misdemeanor. Any person convicted of a misdemeanor under the provisions of this code (unless other- wise provided herein) shall be punishable by imprisonment in the city .sail, or in the county jail of Orange County, not ex- ceeding six (6) months , or by fine not exceeding Five Hundred Dollars ($500) , or by both• fine and imprisonment. (Ord. 1905, 3/74 ; Ord. 588, 7/52) . I 1 . 16. 040 Penalty--Infraction. Any -person convicted of an infraction under the provisions of this code shall be pun- ishable by fine not exceeding Five Hundred Dollars ($500 ) , unless otherwise provided herein. (Ord. 1902, 3/74; Ord. 588, 7/52) . 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 i.t may be redressed by civil action at the option of the council. (Ord. 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, to summarily abate the same by removal, destruc- tion or abatement of the act or thing constituting such nuisance. (Ord. 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 there- 6 1 . 20.010--1. 20.020 on, after reasonable notice in writing from. a police officer or ticalth 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 . (Ord. 1935 6 Nov 74) . Chapter 1.20. NOTICES Sections : 1.20 .010 Service . 1. 20.020 . Proof of service. 1 . 20.010 Service. Whenever a .notice is required to be given under this code (unless different provisions are other- wise specifically made herein) such notice may be given either by per sonal. delivery thereof to the person to be' notified or by deposit in the United States mail .in a .sealed. envelope, postage prepaid., addressed to such person to be notified, at his last known business or residence address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have .been completed at the time of deposit in. the post office. (Ord. 588, 7/52) .. 1. 20. 020 Proof of Service. Proof of giving any notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of eigh- teen years , which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned. , (Ord: 588, 7/52) • (The next page. is 9. ) 7 . Title 2 ADMINISTRATION AND PERSONNEL . Chapters : 2. 04 Eligibility of Candidates 279 Administrative Officer 2. 12 City Clerk 2. 1 City Treasurer 2. 20 . . City Attorney 2. 27 Police Chief 2. 27 City Council 2. 32 Building and Community Development Department 2.34 Environmental Resources Department 2. 36 Finance Department 0 Fire Department 2.747 Harbors and Beaches . Department 2. 1U Planning Department 2. 52 Police Department 2. 57 Public Works Department 2. 0 Recreation and Parks Department 2 Recreation and Parks Commission 2. 68 Street Department 2. 72 Personnel System 2.76 Competitive Service Regulations 2. 80 Redevelopment Agency 2. 7 Public Library--General Provisions 2. 88 Library Board 2. 92 Public -Library--Fiscal Matters 2. 97 Disposition of Unclaimed Property Chapter 2. 04 ELIGIBILITY OF CANDIDATES Sections 2. 04. 010 Purpose and intent 2. 04. 020 Definitions . 2. 04. 030 Residence requirements for elective and appointive officers. 2. 04 . 040 Registered voter requirement . 2. 04 . 050 Contributions--Limitations. 2. 04. 060 Expenditures--Limitation. 2. 04. 070 Campaign statement--Required. 2. 04 . 080 Campaign statement--Filing time. 2. 04. 090 Infraction. 9 2 . 04 . 010--2. 0-4. 020 2. 04 . 010 Purpose and intent. It is the purpose and Intent of the city council, in enacting the ordinance . codified In this chapter, to place realistic and enforceable limits on this amount individuals may contribute to political campaigns in municipal elections , to limit the amount which a candidate can expend on his campaign to be elected to municipal. office to prevent the exercise by campaign contributors of potential undue or improper . influence over elected officials, and to insure against a candidate being elected to office based primarily on the amount he expended on his campaign. The city council . finds that . municipal elections are historically municipal affairs and consequently the city of Huntington Deach, a charter city, is not preempted by general state laws from regulating contributions and expenditures in local elec- tions . (Ord. 1885, 12/73 ) . 2. 04 . 020 Definitions . Whenever in this chapter the following words and phrases are used, they shall mean: (a) "Campaign statement". means an itemized report signed under penalty of perjury which is prepared on a form prescribed by the city .cl.erk, and which provides the following information: (1 ) Under the heading "receipts," the total amount of contributions and loans received, and under the heading "expenditures," the total amount of expenditures made during the period covered by the campaign statement, and the cumula- tive amounts of loans , contributions received and expenditures made with respect to a municipal election; (2) The balance of cash 'and cash equivalents on hand at the beginning and at the end of the period covered by the campaign statement ; (3 ) The total amount of contributions received during the period covered by the campaign statement for persons who have given less than One Hundred Dollars ($100) and the total amount of contributions received in a period covered by the campaign statement for persons who have given One Hundred Dollars ($100) or more; (4 ) The total amount of expenditures disbursed during the period covered by the campaign statement to persons who have received less than One Hundred Dollars ($100 ) and the total amount of the expenditures disbursed during the period covered by the campaign statement to persons who have received One Hundred Dollars ($100) or ,more; (5) The full. name and city, state, occupation and the name of his or her employer, iflany, or the principal place of business if he or she is self-employed, of each person from whom a contribution or contributions .totaling One Hundred Dollars ($100 ) or more has been received, together with the amount contributed by each such person and the cumulative amount con- tributed by each such person, provided, that in the case of committees which are listed as contributors, the campaign 10 2 . 04. 020 a statement shall also contain the number assigned to the committee by the Secretary of State or if no such number has been assigned, the name and street address of the treasurer of the committee; (6 ) The full name and city and state of each person to whom an expenditure or expenditures totaling One Hundred Dollars ($100 ) or more has been made, together with the amount of each separate expenditure to each such person during the period covered by the campaign statement and the cumulative amount paid to each such person; a brief descrip- tion of the purpose for which the. expenditure was made; the full name and city and state of the person providing the consideration for which any expenditure was made if different from the payee; and in the case of committees which are listed, the number assigned to each such committee by the Secretary of State or if no such number has been assigned, the full name and city and state of the treasurer of the committee ; (7) In the case of a committee supporting or opposing more than one candidate or measure, the total amount of expenditures for or against such candidate or measure during the period covered by the campaign statement and the cumula- tive total amount of expenditures for or against each candidate or measure; . (8) The full name, residential and business addresses and telephone numbers of the per.son' filing the campaign state- NOW ment and, in . the ` case of .a campaign statement filed by a com- mittee, the name of the committee and the committee' s street address and telephone number; In..a campaign statement filed by a candidate, the full name and .street address of any .committee of which he has knowledge which has received contributions or made expenditures on behalf of his .candidacy, along with the full name, street address and telephone number of the treasurer of such committee; (9) Loans of money , property or other things made to a candidate or committee during the period covered by the campaign statement , shall be reported separately in the state- ment , with the following. information: (i ) The total value of all loans received during the period covered by the campaign statement , (ii ) For loans of One Hundred Dollars ($100 ) or more in value, the full name, city and county, and state of eacYi lender, cosigner and guarantor, the date of the loan, the amount. or value of the loan, the interest rate and the amount of loan .remaining unpaid, . (iii ) The cumulative total valu6 of all loans received, and (iv) The total amount of loans remaining unpaid. Loans shall be reported even though received and repaid during the period covered by the campaign statement. If a `err' 11 2. 04 . 020 loan has been forgiven or paid by a third person, it shall ' be reported. The amount of the loan which has been forgiven or paid by a third person shall be subtracted from the cumula- tive total under this section; . (10) Where the amount of goods, services , facilities or anything of value other than money is required to be reported, the amount shall be the estimated fair market value thereof at the time received or expended, and a description of the goods, services or facilities shall be appended to t the campaign statement . (b ) "Candidate" shall mean any individual listed on the ballot for nomination or election to any city office or who otherwise has taken affirmative action to seek nomina- tion or election to public office. (c ) "Committee" means any person or combination of two (2 ) or more persons acting jointly in behalf of or in opposi- tion to a candidate or to the qualifications for the ballot or adoption of one or more measures . (d) "Contribution" means a gift , subscription, loan, advance, deposit , pledge, contract, agreement or promise .of money or anything of value or other obligation, whether or not legally enforceable, made directly or indirectly in aid of or in opposition to the nomination or election of one or more candidates or the qualification for the ballot or voter approval of one or more measures . The term "contribution" includes the purchase of tickets for events such as dinners , •.� luncheons, rallies and similar fund raising events; a candi- date' s own money or property used on behalf of his candidacy; the granting to a candidate or committee of discounts or rebates .not available to the general public; and payments for the services . of any person serving in behalf of a candidate or committee, when such payments are not made from contribu- tions the candidate or committee otherwise must report under the terms of this chapter. The term "contribution" shall not include a gift of service or labor when volunteered by the person performing the service or, labor,. but shall include a gift of service or labor paid for by 'a person other than the person performing the service or labor. The term "contribution" shall not include the cost of an event held in honor or behalf of a candidate or committee when the total cost of the event amounts to no more. than Two Hundred Dollars ($200 ) and when the event is not held for the purpose of obtaining contribu- tions to the candidate or committee. (e ) "Election" means any primary, general or special municipal election held in the city, including an initiative, referendum or recall election. (f) "Expenditure" means a payment , pledge or promise of payment of money or anything of value or other obligation, whether or not legally enforceable, for goods, materials , services or facilities in aid of or in opposition to the nomination or election of one or more candidates or the I 12 2. 04. 030--2 . 04. 060 1% qualification for the ballot or adoption of one or more measures. The term "expenditure" includes any transfer, payment, gift , loan, advance, deposit , pledge, contract agreement. or promise of money or anything of value or other obligation, whether or not legally enforceable, made directly or indirectly by one committee to another committee. (Ord. 1911, 5/74; Ord. 1885, 12/73) • 2. 04. 030 Residence requirements for elective and appointive officers . In the event any court of competent jurisdiction holds invalid or .inapplicable any provision of the City Charter of Huntington Beach affecting the residence requirements as to any elective or appointive office of the city, then no person shall be eligible to hold any such . elective or appointive office unless he is and shall have been a resident of the city for at least one complete year next preceding the date of his election or appointment . (Ord. .1756, 7/72 ) . 2. 04 . 040 Registered voter requirement . In the event any court of competent jurisdiction holds invalid or inappli- cable any Charter provision providing that no person shall be eligible to hold any such office in the city unless he is and shall have been a registered voter of the city, then no such elective or appointive officer shall be eligible to hold any such office unless he is and shall have been a registered voter of the city for at. least one complete year next preceding the date- of his election or appointment . (Ord. 1756 7/72) . 2 . 04 . 050 Contributions--Limitations . . (a) .. No person other than a candidate shall make,. solicit or accept any contribution, gift , subscription, loan, advance, deposit , pledge or promise of money or anything of value in aid of the nomination or election of a candidate which will cause. the total amount contributed by such person with respect - to a single election in support of such candidate to exceed Two Hundred Dollars ($200) . (b ) Campaign Contributions . No candidate, committee or person _shall accept contributions including contributions from said candidate, as herein defined in Section 2. 04. 020(d) , for any election, in the aggregate in excess of Five Thousand Dollars ($5,000 ) . (Ord. 1911, 5/74; Ord. 1885, 12/73) . 2 . 04 . 060 Expenditures--Limitation. No candidate shall incur aggregate campaign expenses to further the election or. nomination of such a candidate, including expenses incurred by persons, committees or organizations subject to the immediate control of and working directly for the election or nomination of such a candidate, in excess of ,the sum of Five Thousand Dollars ($5,000 ) . (Ord. 1885, 12/73 )'. 13 2 . o4. 070--2. o4. o90 2.04 . 070 Campaign statement--Required. Each candidate and each committee supporting or opposing a candidate or candidates, shall file as a public record with the city clerk three (3) cumulative, verified campaign statements containing the information set forth in Section 2. 04. 020(a) . (Ord. 1885, 12/73 ) . 2. 04 . 080 Campaign statement--Filing time. Each candi- date and each committee supporting or opposing a candidate or candidates, shall file campaign statements according to the following schedule: (a) A campaign statement, the closing date of which shall be the twenty-eighth (28th) day before the election, shall be filed no later than the twenty-fifth (25th) day prior to the election. (b ) A campaign statement , the closing date of which shall be the tenth (loth) day before the election, shall be filed no later than the seventh (7th) day prior to the election. (c ) A campaign statement, ...the closing date of which shall be the thirty-first (31st ) day after the election, shall be filed . no later than the thirty-eighth .(38'th) day after the election. Notwithstanding the above, if prior to the closing date all liabilities of the candidate or committee have been paid and no additional contributions are expected, the campaign statement may be filed at any time after the election with a closing date other than the thirty-first (31st ) day following the election and not later than the thirty- eighth (38th) day following the election. (Ord. 1885, 12/73 ) . I 2. 04 . 090 Infraction. It is unlawful for any person to knowingly violate or knowingly permit any other person to violate any provision of this chapter. Any such person shall be guilty of an infraction and shall be subject to a fine of not more than One Hundred Dollars ($100 ) . (Ord. 1885, 12/73 ) . 14 2 . 08.010 Chapter. 2 . 08 ADMINISTRATIVE OFFICER Sections : 2. 08. 010 Powers--Duties . ' 2.08.020 Residence requirement . 2. 08. 030 Eligibility--Councilmen. 2. 08.040 Bond. 2.08.050 Absence. 2. 08.060 Removal. 2 . 08. 070 Removal--Hearing. 2. 08.080 Suspension pending hearing. 2 .08 .090 Removal--Discretion of council. 2 . 08 .100 Removal--Limitation. 2. 08.120 Standard of conduct . 2. 08.130 Attendance at_. commission. or board meetings . 2. 08. 140 Council administrator relations . 2 . 08.. 010 Powers--Duties . In addition t,o the powers and duties of the city administrator enumerated in the Huntington Beach City Charter, Article VI, the following shall also apply : (a) Routine Administration. To execute on behalf of the council, its administrative supervision and control of such affairs of the city, as may be placed in his charge ; (b ) Meeting. To attend meetings of the council, with the duty of reporting on or discussing any matter concerning the affairs of the departments, services or activities under his supervision upon .which in his judgment the council should be informed. unless excused therefrom by the city council, except when his removal is under consideration by the city council; (c ) Mail. To receive and open all mail addressed to the council .and. give immediate attention thereto to the end that all administrative business referred to in said communications and not necessarily. requiring .councilmanic action, may be dis- posed of between council meetings . Provided that all actions taken pursuant to such communications shall be reported to the council at its next regular meeting thereafter; (d) Coordination of Departments . To assist the council in coordinating the administrative functions and. operations of the various departments , divisions and services of the city government; and, on its behalf., to. carry out the policies , rules and regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, divi- sions or services ; (e ) Analysis and Recommendations . To analyze the func- tions , duties and activities . of the various departments , divi- sions, and services of the city government and of all employees thereof; and to make such recommendations to the council with 15 2. H.olo reference thereto as in his ,judgment will result in the high- est degree of efficiency in the over-all operation of the city government; (f) Director of Civilian Defense. To act as local di- rector of civilian defense; (g) Budget Estimates . To cause to be prepared and sub- mitted to . him by each department , division or service of the city government , itemized annual estimates of expenditures required by any of them for capital outlay, salaries , wages and miscellaneous operating costs ; to tabulate the same into a preliminary consolidated municipal budget and submit the same. to the council before the fifteenth day of June of each year with his recommendations as to such changes which he deems advisable; (h) Administration of Budget . To be responsible for the administration of the budget after its final adoption, and to keep the council informed with respect thereto; (i ) Supervision Over Expenditures . As agent for the council, to supervise the expenditures of all departments , divisions or services of the city government ; (,j ) Equipment Inventory and Purchase. To make, and keep up to date, an inventory of all property, real and per- sonal, owned by the city, and to recommend to the council the purchase of new machinery, equipment and supplies whenever in his ,judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery, equip- ment , etc. , in use; (k) Public Improvements. To develop and organize necessary public improvement projects and program; and to aid and assist the council and the various departments in carrying the same through to successful conclusion; . (1 ) Cooperation with Community Organizations . To cooperate within lawful limits , with all community organi- zations whose aim and purpose it is to advance the spiritual and material interests of the city and its people; and to pro- vide them, within lawful limits , with assistance through the city government ; (m) Additional Duties . To perform such other duties pertaining to his position as the council may from time to time reasonably require ; (n ) Agency for Council--Limitations. The administra- tive officer shall act as the agent for the city council in the discharge of its administrative functions but shall not exercise any policy-making or legislative functions whatso- ever, nor attempt .to commit or bind the council or any member thereof to any action, plan or program requiring official councilmanic action; (o) Duties Vested Elsewhere. It is not intended by this section to grant any authority to, or impose any duty upon the administrative officer which is vested in or imposed by r 16 I 2 . 08. 020--2. 08. 070 general law or valid city ordinances in any other city com= . sow mission, board, department, officer or employee . (Ord. 1935 , 6 Nov. 1974; Ord. 524, 1/48) . 2 . 08. 020 Residence Requirement. Residence in the• city at the time of appointment of an administrative officer shall not. be required as a condition of the appointment, but during his tenure of office the administr.ative . officer shall. reside within the city. (Ord. 740, 11/59 ) • 2. 08. 030 Eligibility--Councilmen. No person elected as a councilman of the. city shall, subsequent. to : such elec- tion, be eligible for appointment as administrative officer until one year has elapsed after such council member shall have ceased to be a member of the city council. (Ord.. 740 , 11/59) . 2. 08. 040 Bond The administrative officer shall fur- nish a corporate surety bond to be approved by the city coun- cil in such sum as may be determined:by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the administrative officer as herein pre- scribed. Any premium for such bond shall be a proper charge against the city. (Ord. 74'0, 11/59 ) • 2. 08. 050 Absence . The administrative officer shall designate an officer of the city to serve as acting adminis- trative officer during any temporary absence or disability of the administrative officer. In the event of failure to make such designation, the city council may appoint an officer to perform the duties' of the administrative officer during the period of absence. or disability of said administrative officer. Ord. 740, 11/59 ).. 2. 08. 060 ' Removal . The removal of the administrative officer shall be only upon a three-member vote of 'the whole council in the city in regular. council. meeting, subject, how- ever, .to the provisions of the next succeeding subsections . In case of his intended removal by the city council, the administrative officer shall be furnished with a written notice stating the council' s intention to remove him and the reason therefor, at least thirty days before the effective date of his removal . (Ord. 740, 11/59) • 2. 08. 070 Removal--Hearing. Within seven days after the delivery to the administrative officer of such notice he may, by written notification to the city clerk, request a hearing before the city council thereafter. The city council shall fix a time for .the hearing which shall be held at its usual meeting place, but before the expiration of the thirty day period, . at which the administrative officer shall appear and be heard. ' (Ord. 740, 11/59) . 17 2 . 08. 080--2 . 08. 120 2. 08. 080 Suspension pending hearing. After furnishing the administrative officer with written notice of intended removal, .the. city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid hearing. (Ord. 740, 11/59 ) • 2. 08. 090 Removal--Discretion of Council. In removing the administrative officer, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the. hear.ing, the purpose of which is to allow the administrative officer to present to the city council his grounds of opposition to his removal prior to its action. (Ord. .740, 11/59 ) . . 2. 08. 100 Removal--Limitation. Notwithstanding the pro- visions of this chapter hereinbefore enumerated, the adminis- trative officer shall not be removed from office during or within a period of ninety days next. succeeding any general municipal . election held in the city at which election a member of the city council is elected; the purpose of this provision is .to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the administrative officer in the performance of the powers and duties of his . office. After the expiration of the ninety day period aforementioned, the provisions. of the preceding section . as to the removal of said administrative officer shall apply. and be effective. (Ord. 740, 11/59 ) . 2. 08. 120 Standard of conduct . In the discharge of his duties as administrative officer, the person holding such posi- tion shall endeavor at all. times to exercise the highest degree of tact , patience and courtesy in his contacts with the public and with all city commissions , boards, departments, officers and employees , and shall use his best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of this city to the end that highest pos'sible standards of public service be continuous . (Ord. 524, 1/48 ) . 18 2 .08. 130--2 .08 .140 2 .08.130 Attendance at commission or board meetings . The administrative officer may attend any and all meetings of any commissions , boards or committees hereafter created by the city council, upon his own volition or upon direction of the city council. At such meetings .which the administrative officer attends, he shall be heard by such commissions , boards of com- mittees as to all matters upon which he wishes to address the members thereof; and he shall inform said members as to the status of any matter being . considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions , boards or committees appointed by the city council . (Ord. 740, 11/59 . ) 2. 08.140 Council administrator relations. The city council and its members shall deal with the administrative serv- ices of the city only through the administrative officer, ex- cept for the purpose of inquiry, and neither the city council nor any members thereof shall give any orders to any subordi- nates of the administrative officer. The administrative offi- . cer shall take his orders and .instructions from the city coun- cil as a body, and_ no individual councilman shall give any orders. or instructions to the administrative officer. (Ord. 740, 11/59• ) Chapter 2.12 CITY- ,CLERK. . (RESERVED) Chapter 2 .16 CITY TREASURER Sections : 2_. 16 . 010 Receipt of money . 2:. 16. 020 Funds Designated. 2. 16 030 Transfers of funds . 2. 1:6 . 040 Monthly reports . 19 2. 16. 0107-2. 16. 050 Sections : (Continued) 2. 16. 050 Funds--Monthly report of balance. 2 . 16. 070 Annual report to council. 2. 16. 010 Receipt of money. The treasurer shall re- ceive and safely keep all moneys belonging to the city, what- ever its source, for which .he shall give duplicate receipts, one to the depositor and one to the finance director. (Ord. 1.935, 6 -Nov 74; .Ord, 265, 10/23 ; Ord. 15, 4/09 . ) 2. 16. 020 Funds--Designated. The treasurer shall estab- lish and keep the money in the following funds : (a) Huntington Beach City Funds; (b ) A general fund which shall contain all unappropriated and unapportioned money; . (c ) A library fund; (d) A music and promotion fund; (e) Such funds as may be created by ordinance of this city for caring for money received from the sale of bonds of . this city and for the interest and sinking funds thereon; (f) Street improvement fund. (Ord. 265, 10/23; Ord. 15, 4/09. ) 2. 16. 030 Transfers of funds. Money may be transferred from one fund to another on the order of the . council, except in the cases of the library fund, the music and promotion fund and special funds. c.reated by ordinances for caring for money received from the sale of bonds of this city and. for the inter- est and sinking funds thereon, and street improvement fund. (Ord. 265, 10/23; Ord. 15, 4/09. ) 2. 16. 040 Monthly reports. The treasurer shall prepare and submit to the. director of finance monthly written reports of all receipts, disbursements and fund balances , and shall file copies of such reports with the city administrator and city council. (Ord. 1935, 6 Nov 74; Ord. ,265, 10/23; Ord. 15, 4/09 . ) 2. 16. 050 Funds--Monthly report of balance. Prior to the first meeting of each month, the treasurer shall report to the director of finance the balance in each fund. (Ord. 1935, 6 Nov 74; Ord. 265, 10/23, Ord. 15, 4/09. ) Chapter 2 . 20 CITY ATTORNEY (RESERVED) 20 2 .24. 010--2 . 24 . 050 Chapter 2 . 24 POLICE CHIEF Sections : 2.24 .010 Powers--Duties 2.24. 020 Powers , immunities of sheriff. 2. 24. 030 Reports . 2. 24. 040 Responsible for ,jail and prisoners . ' 2. 24 . 050 Other required acts`: 2.24 . 010 Powers--Duties . The Chief of Police shall have charge of the police department of the city, and it shall be his duty' to preserve the peace. (Ord. 15, 4/09 ; Ord. 403, 8/37 ) . 2. 24. 020 Powers, immunities of sheriff. The police chief shall have the same powers that are now or may here— after be conferred on sheriffs by the laws of the state, and shall be entitled to the same protection. (Ord. 15, 4/09 ) . 2. 24 . 030 Reports . The police chief shall make monthly and annual reports to the council on the work of the police department. (Ord. 1248, 9/66) . 2. 24. 040. Responsible for jail and prisoners . The police chief shall .have. charge of the city ,jail and prisoners. (Ord. 15, 4/09 ) . 2. 24. 050 Other required acts. The police chief shall perform such other acts as the laws of the state. and ordinances of the council may require. (Ord. 15,, 4/09) . 4..r 21 2. 28. 010-72 . 32. 030 Chapter 2. 28 _ CITY COUNCIL Sections : 2. 28. 010 Expense allowance. 2.28. 010 Expense allowance. There shall be allowed to each member of the city council the sum of one hundred twenty- dollars per month. Said allowance is authorized to reim- burse said members of the city council for expense of attending meetings , traveling to and from their usual place of business to said meetings , traveling to and from property under consi- deration for action by the city council, and all other expenses of their duties as councilmen. The expense authorized here- under need not be accounted for by the recipients, but no other expenses shall be allowed except upon specific authorization therefor by the city council. (Ord. 1346., 9/67) . Chapter 2. 32 BUILDING AND COMMUNITY DEVELOPMENT DEPARTMENT 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 established the department of building and community development of the city of Huntington Beach. (Ord. 652, 10/56) . i 2. 32. 020 Director--Appointment . The director of build- ing and community development shall be the head of the depart- ment of building and community development, and such director shall be appointed by the city council. (Ord. 1814, 2/73 ; Ord. 652, 10/56 ) . 2 . 32. 030 Director--Powers and duties. (a) The director of building and community development shall be responsible for the administration and enforcement of the following: (1 ) Uniform Building Code (Chapter 17. 04 ) (2) Housing Code (Chapter 17. 08 ) (3) Moving of Buildings (Chapter 17. 28 ) (4 ) Uniform Swimming Pool Code (Chapter 17. 52 ) .� 22 2. 34. 010--2 . 34 . 030, (5) Masonry Walls (Chapter 17. 16) (6) Driveways and Parking Areas (Chapter 17. 20 ) (7) Sun Decks and Windscreens (Chapter. 17. 24) ( 8) Trailer Parks .(Chapter 17. 36) ( 9) Dangerous Buildings (Chapter 17 . 12) (20) National Electrical Code (Chapter 17. 48 ) (11) Uniform Mechanical Code (Chapter 17 . 40) (12) Uniform Plumbing Code (Chapter 14. 44) (13) Huntington Beach Oil Code (Title 15 ) (14 ). Standing Water--Fences (Chapter 8..48) (15 ) Inoperable Vehicles (Chapter 8 . 48) (.16). Rubbish Abatement . (Chapter 8. 36) .. ..: (b ) The director of building and community development shall be responsible for the enforcement of the city 's zoning laws .. (c ) In , addition to the foregoing, the director of build- ing and 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. (Ord. 1814, 2/73) . Chapter 2.34 . ENVIRONMENTAL RESOURCES DEPARTMENT Sections: 2. 34 .010 Department Established. 2. 34. 020 Director. 2. 34 . 030 Same . Designation of. 2. 34. 040 Same. Duties . 2-34 .010- Department established. , There. is . hereby . esta- blished the department of environmental resources . (Ord. 1899 , 2/74 ) . 2. 34 . 020 Director, The department of environmental re- sources shall be under the supervision and direction of the director of environmental resources whose office is hereby created. (Ord. 1899, 2/74) . 2. 34. 030 Same . Designation of. The planning director of the city of Huntington Beach is hereby designated the director of environmental resources . (Ord. 1899, 2/74) • 23 2 .34 . 040--.2 . 36 .020 2 . 34 . 040 Same. Duties . The duties of the director, of environmental resources shall be those set forth in a job de- ,.ow scription to be prepared by the personnel director of the city and approved by the personnel board of the city , and such job description may be amended from time to time by the personnel director with approval of the personnel board of the city . (Ord. 1899 , 2/74 ) . Chapter 2 . 36 FINANCE DEPARTMENT Sections • 2. 36 .010 Established. 2. 36 .020 Director-•-Functions and duties . 2 . 36 . 030 Director--Minimum qualifications . 2 . 36 .040 Director--Bond. 2 . 36. 010 Established. In accordance with Section 706 of the Charter of the City of Huntington Beach, the finance department is hereby established. (Ord. 1268, 11/66; Ord. 968, 5/63) . 2. 36 . 020 Director--Functions and duties. Under the direction of the city administrator, the director of finance shall perform the following functions and duties : (a) Have charge of the administration of the financial affairs of the city and shall be head of the finance depart- ment ; (b ) Direct and supervise the personnel in the finance department ; (c ) Establish and maintain a system of financial pro- cedures , accounts and controls for the city government and each of its offices , officers , departments and agencies; (d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; after proper audit and approval as prescribed by the City Charter, prepare all checks or warrants in payment of claims , demands or charges against the city; said checks and warrants shall be signed by the city treasurer; insure that all blank and unwritten checks and warrants be safely kept in his custody; 24 2. 36.020 (e) Supervise and be responsible for the collection of all moneys paid into or received by the city from whatever source; insure . that all such moneys be . received and r-eceipted , for by the collection division of the city tr.easurer; 'insure that all moneys so collected and. received shall be deposited with the depository no later than the first banking day fol- lowing said receipt; be responsible for the promulgation, in- stallation and control of methods and system of internal. con- trol as regards collection and receipt of moneys by departments or agencies of the 'city which do not lend themselves tb cen- tralized cashiering; establish and create a system of centralized cashiering for -the city; (f) Supervise and be responsible for all billing and collection of accounts' receivable, including water billings; for billing and collection for amounts due from other govern- mental units ; for billing and collection of all amounts due on contracts , leases or other agreements entered into by the city; (g) Supervise and be. responsible for the billing and collection of business license. fees and permits; (h) Submit required reports. periodically to the city council as prescribed by the City Charter, by state . law, or by sound financial practice; . (i) Perform such other duties as may be .required; ( ) Investment of all city funds shall be determined by the city treasurer and monitored by the director of finance, except as otherwise authorized by the cit-y council. (k) The director of finance shall supervise and be responsible, . for the 'administration and . enforcement of Tit.le 5 "Business Licenses. " (.Ord. ..1935, 6 Nov 74; Ord.. 1934, 9/74; Ord. 1842, 5/73. Ord. 1268, 11/66; Ord. 9682 5/63. ) 25 2 . 36 . 030--2. 4o. o4o 2. 36. 030 . Director--Minimum qualifications . Minimum qualifications shall consist of: Graduation from a college or university with specialization in accounting and six years of increasingly responsible financial experience, including at least four years in a public agency. Knowledge of modern principles and practices of municipal finance administration; knowledge of governmental accounting principles and practices, including public utility accounting; knowledge of budget planning and administration; knowledge of investments ; ability to select, supervise, train and organize the personnel of a diversified finance department ; ability to gain the cooperation of other department heads, subordinates and the public . (Ord. 1842, 5/73• ) 2. 36. 040 Director--Bond. Before assuming the duties of his office the director of finance shall execute and de- liver to the city clerk a bond, approved by the city attorney, and conditioned for the faithful performance .of the duties of said office in the amount of no less than One Hundred Thou- sand Dollars ($100,000) . The city shall bear .the cost of the bond. (Ord. - 1842, 5/73. ) Chapter 2. 40 FIRE DEPARTMENT Sections: i 2 . 40.010 Established. 2. 40. 020 Chief--Appointment . 2. 4o. 030 Chief--Officers and employees appointed. 2. 40. 040 Promotion of employees . 2. 40. 050 Chief--Ex officio duties. 2. 40. 010 Established. A fire department is estab- lished for this city. Ord. 1879, . 11/73. ) " 2. 40. 020 Chief--Appointment. The fire chief shall be appointed as provided in the Charter. (Ord. 1879, 11/73; Ord. 427, 7/39 • ) 2. 40. 030 Chief--Officers and employees appointed. The fire chief shall appoint all other officers and employees of the fire department, subject to approval of the council. (Ord. 427, 7/39. ) 2 . 40. 040 Promotion of employees . Those eligible to advancement to the next higher classification shall be promoted 26 2. 40. 050--2. 44. 040 only upon recommendation of the fire chief, and upon the appro- val of the city council shall thereafter receive the salary provided for said classification. (Ord. 5913, 12/52; Ord. 427 , 7/39 ) . 2. 40. 050 Chief--Ex officio duties . The fire chief shall be ex officio fire marshal with police power. The fire chief may appoint , by and with the consent of the council, call fire- men who shall be subject to call by the fire chief for duty during any emergency, fire .or fire drill. (Ord. 597, 4/53; Ord. 434, 2/40) . Chapter 2. 44 HARBORS AND BEACHES DEPARTMENT Sections: 2.44 . 010 Established. 2. 44 . 020 Director--Appointment . 2. 44. 030 Director--Powers and duties . 2. 44 . 040 . Appointment of subordinates. 2. 44 . 010 Established. In order to establish, facili- tate and maintain ample and sufficient safety services for the harbors and beaches owned and controlled by the city, and to operate and maintain the municipal parking lot , and other beach and harbor facilities, there is established a harbors and beaches department. (Ord. 1255, 9/66; Ord. 997, 8/63 ) . 2. 44 . 020 Director--Appointment . The director of harbors and beaches shall -be appointed by the city administrator with approval of the city council and shall also be the chief life- guard. (Ord. 1255, 9/66; Ord. 997, 8/63) . 2. 44 . 030 Director--Powers and duties . Under direction, the director of harbors and beaches shall be responsible for the efficient administration of the harbors and beaches depart- ment and shall have such powers and duties as set by resolution of the city. (Ord. 1255, 9/66; Ord. 997, 8/63 ) . 2. 44 . 040 Appointment of subordinates . All other officers, assistants and employees of the harbors and beaches department shall be appointed by the director of harbors and beaches with the approval of the city administrator. (Ord. 1255, 9/66; Ord. 997, 8/63) . 27 2 . 48. 010--2. 48. 040 Chapter 2. 48 PLANNING DEPARTMENT Sections : 2. 48. 010 Established. 2. 48. 020 Director--Appointment . 2. 48. 030 Director--Duties . 2. 48. 040. Appointment. of subordinates . 2. 48. 010 Established. In order to secure the benefits accruing to the city from the orderly .growth and development of land within the city, there is established a planning department in the city. (Ord. 882, 12161) . 2. 48. 020 Director--Appointment . . The planning director shall be the head of the planning department . The planning director shall be appointed by the city council and shall hold office at its pleasure. (Oral. 882, 12/61) . 2 . 48. 030 Director--Duties. The planning director shall have such powers and duties as set forth by ordinance of the city. The planning director shall attend all meetings of the planning commission' s deliberations . The planning director shall serve as secretary to the planning commission. (Ord. 882 , 12/61) . 2. 48440 Appointment of subordinates . The planning director shall appoint all other officers, assistants, deputies and employees of the planning department, subject to the appro- val of the city council. (Ord. 882, -12/61) . 28 2. 52 010--2 . 52. 050 Chapter 2. 52 .,,,. POLICE DEPARTMENT Sections : 2. 52. 01.0 Established.. . 2. 52. 020 Authority to arrest . 2. 52. 030 Duty to enforce laws . 2. 52. 040 Officers--Daily reports . 2 52.050 False reports . 2. 52. 060 Officers--Promotions. . 2. 52.. 070. Officers--Discipline. 2. 52. 080 Officer--Action. upon derelictions .-' 2. 52. 090 Reserve police force--Established. 2. 52. 100 Reserve police force--Eligibility. 2. 52. 110 Reserve police force--Training. 2. 52. 120 Reserve police force--Rules and regulations . 2. 52. 130 Reserve police force--Roster. 2. 52. 010 Established. A police department is estab- lished in this city. Ord. 216, 4/23. ) 2. 52. 020 Authority to arrest . Each and every member of the police department is authorized to make arrests and detain prisoners in all cases where a peace officer is so authorized under the law of the state. (Ord. 216; 4/23. ) 2 . 52. 030 Duty to enforce laws . It shall be the duty of each and. every member of the police department to enforce impartially all the laws and statutes of the United .States and of the state of California and all of the ordinances of this city, within the limits of this city except state beaches as defined in the state of California Public Resources Code, Section 5001. 5 (d) (4 ) , unless the state of California Department of Parks and Recreation enters into a contract with this city for the protecting of state beaches within the limits of this city as forth in the state of California Public Resources Code, Section 5003, and to perform such other and further duties as by statute and ordinance now existing or hereafter enacted, may be imposed upon them in their capacity as peace officers . (Ord. 1049, 9 Jan 75; Ord. 216, 4/23. ) 2. 52. 040 Officers--Daily reports . All subordinate police officers shall report to the chief of police each day, as to events occurring while such officers are on duty and all other information pertaining to general police regulations in the. city which come to their notice. (Ord. 216, 4/23 . ) 2 . 52. 050 False reports. It is unlawful for any person to wilfully make to, the .police department, or any officer in the department, any false, misleading or unfounded report for °i the purpose of interfering with the operation of said depart- ment or for the :purpose of inducing or causing to be issued a 29 2 . 52. 060--2. 52. 120 complaint or indictment against any person, firm or corpor- ntion. (Ord . 639 , 12/55- ) 2. 52. 060 Officers--Promotions. Those eligible to advancement to the next higher classification shall be promoted only upon recommendation of the chief of police, and thereafter shall receive the salary provided for said classification. (Ord. 416, 8/38; Ord. 216, 4/23. ) . 2. 52. 070 'Officers--Discipline. All police officers shall at all times be subject to the orders of the police chief, and shall be subject to call by the chief- of police at any time during the day or night . (Ord. 216, 4/23. ) 2. 52. 080 Officer--Action upon derelictions. The chief of police shall report to the council or to the mayor, in writing without delay any dereliction of duty or misbehavior of any police officer, and shall attend upon any and all investigations that may be. held by. :the council touching the conduct of any police-officer. (Ord. 216, 4/23. ) 2. 52. 090 Reserve police force--Established. There is established in the police department , a reserve police force. The reserve police force shall be a volunteer organization . composed of qualified members who shall be subject to all applicable regulations and orders that are issued to the reg- ular police officers of the department . The members of the -Nov . reserve force may be called to active duty for the city at the discretion of the chief of police. (Ord. 661, 5/57. ) I 2. 52. 100 Reserve police force--Eligibility. Members of the reserve police force shall be between the ages of twenty-one (21) years and fifty (50) years, residents of the --ity, shall be of good character and shall have no physical disabilities . (Ord. 661, 5/57• ) 2. 52. 110 Reserve .police' force--Training. Before being appointed as a member of the reserve police force, the recruit shall satisfactorily pass such training requirements as may be prescribe.d. by the council by resolution or by directive of. .the chief of police. The recruit shall at all times during said probationary period, when called to duty, be under the direct control and supervision of a police officer. (Ord. 661, 5/57. ) 2. 52. 120 Reserve police force--Rules and regulations. The city council shall provide by resolution such further rules and regulations governing the reserve police force as .it may deem necessary and all recruits and reserve police personnel shall be subject thereto and to such other and t'urther rules , regulations and orders as may be prescribed by the chief of police. (Ord. 661, 5/57. ) 30 2. 52.130--2.56. 020 2. 52. 130 Reserve police force--Roster. The chief of police shall notify the city clerk upon the acceptance of an app-1-1-cation of a recruit for training in the reserve police " force and at all times shall keep a. roster of all recruits in active training and under instruction. (Ord. 661, 5/57 ) . Chapter 2. 56 PUBLIC WORKS DEPARTMENT Sections : 2. 56. 010 Established. 2 . 56 . 020 Director--Appointment--Duties. 2. 56. 010 . Established. There is established a public works. department Ord. 964, 5/63) . 2. 56. 020 Director--Appointment--Duties. The public works department shall be under the supervision of a director �r of public works. The city engineer shall be the director of .public works and shall be appointed under the provisions of the Charter of the city and shall have such powers and duties as provided by the Charter of the city. (Ord. 964, 5/63 ) . 31 2 . 60 . 010- 2 .60. 040 Chapter 2 . 60 RECREATION AND PARKS DEPARTMENT Sections: 2.60. 010 Established. 2. 60.020 Objectives . 2. 60. 030 Fees and charges . 2.60 . 040 Acceptance of gifts . 2. 60. 050 Funds . 2.60 . 060 Annual budget. 2. 60. 070 Director--Appointment. 2. 60 . 080 Director--Responsibility. 2.60. 090 Director--Duties . 2. 60. 100 Appointment of subordinates . 2. 60. 010 Established. In order to secure the benefits accruing to the city from the. growth and development of land within the city., there is established a recreation and parks department in the city . (Ord. 1113, 4/65; Ord. 539 , 3/49) • 2.60. 020 Objectives . The objectives of the department shall be to encourage, foster, facilitate, establish and main- tain a systemized program of recreation, to be made available to residents and visitors of the city on any of the properties owned or controlled by the city, or on any other properties with the consent of the owners and authorities thereof. Also, to maintain city-owned or leased properties of a park or rec- reational nature as deemed desirable by the city council . (Ord. 113, 4/65; Ord. 539, 3/49) . 2. 60. 030 Fees and charges . The department of recrea- tion and parks has authority to charge the public reasonable fees for city building use and for participation in recrea- tion activities to help defray public expense, .subject to the approval of the city council. (Ord. 1113, 4/65) . 2 .60. 040 Acceptance of gifts. The recreation and parks department may accept all gifts , devices, legacies or bequests (personal property ) from any source, public or private, in the name of the city, subject to the approval of the city council . (Ord. 1113, 4/65 ) . i .32 2 . 060 . 050--2 . 60 . 100 2 . 60. 050 Funds . All moneys so obtained by the recrea- tion and parks department shall be deposited by the director of Recreation and Parks or his assistant , in the general fund of the treasury of the city, or any special fund the city council may designate. (Ord. 1113, 4/65) . 2. 60. 060 Annual budget. The city council shall annually establish a recreation and parks department budget of which department demands shall be drawn from the general fund. (Ord. 1113, 4/65 ) . 2. 60. 0.70 Director--Appointment.. The director of rec- reation and parks shall be the head of the recreation and parks department . He shall be appointed by the city .council and shall hold office at their pleasure . (Ord. 1113, 4/65) . . 2.60. 080 Director--Responsibility. Subject to prevailing administrative policy, the director of recreation and parks will assume full responsibility for the management and overall coordination of all functions of a governmental agency con- cerned with the development and operation of a public recrea- tion and park service . (Ord. 1113, 4/65).. 2.60. 090 Director--Duties . The director of recrea- tion and parks shall direct all- operational and development phases of the work; evaluate present and future needs for areas and services and relate .same to available resources ; recommend policy and act as advisor to administrative and legislative superiors ; .direct and participate in the prepara- tion of budgets and reports ; meet and .confer .with individuals and groups in matters of public interest`; develop and main- tain a high level of organizational efficiency and ..a .sound public relations program; plan. and implement in-training pro- grams and assume such other duties which are essential to good administrative practices . The director of recreation and parks shall supervise divisions of . city government pertaining to recreation, park acquisition, park development and/or any other use the city council may so direct . Said direction may be accomplished by .a -resolution passed by a majority vote of the . council. The director of recreation and parks shall serve as secretary to the recreation and parks commission without vote . (Ord. 1113, 4/65) . 2. 60. 100 Appointment of subordinates . The director of recreation and parks shall, under the supervision of the city administrator, . appoint all other officers , assistants , deputies and employees of the recreation and parks department, subject to the approval of the city council. (Ord. 1113, 4/65 ) . %'' 33 2. 64. 010--2 . 64 . 030 Chapter 2 . 64 ✓ RECREATION AND PARKS COMMISSION Sections : 2.64. 010 Established. 2. 64. 020 Composition. 2. 64. 030 Four year members . 2. 64 . 040 One Year members . 2. 64 .050 Mayor--Ex officio member. . 2. 64 . 060 Secretary.. 2. 64 . 070. Members--Removal. 2.64 . 080 Vacancies--Retirement . 2. 64 . o90 Members--Reappointment . 2.64. 100 Duties and responsibilities . 2.64. 110 Meetings . 2. 64. 120 Election of officers .. 2.64. 130 Quorum proceedings . 2 .64 . olo Established. There is established an advi- sory recreation and parks commission in and for the city. The present recreation commission members and officers shall serve out their designated terms as members of the recreation and parks commission., (Ord. 1113, 4/65) . 2.64. 020 Composition. The commission shall be composed of eleven members who shall be appointed from time to time by the mayor with the approval of the city council. Five members shall be appointed for a term of four years and six members shall be appointed for terms . of one year each. (Ord. 1300, 2/67 ; Ord. 1113, Ord. 4/65; Ord. 803, 11/6o) . . 2 .64 . 030 Four year members . The mayor, with approval of the city council, shall appoint five members from the city at large for. four year terms . All of the terms shall termi- nate on July 1st ; one term in 1966, two terms in 1968, and two terms in 1969. Upon completion of a commissioner' s term the mayor., with the -approval of the city council may reappoint him or a successor for the succeeding term. (Ord. 1113, 4/65 ; Ord. 803, 11/60) . 34 G 2 .64. 040--2 . 64 . 100 2. 64 . 040 One year members . The mayor, with the approval of the city council , shall appoint six members for terms of one ,year. . Each elementary and high school and junior college district having facilities within the city may recommend to the mayor, on or before the third Monday in June of each year, two or more persons , residents of their . respective school dis- tricts , to represent with the approval of the city council for a one-year term which will terminate on July lst the following year. In the event that any district shall not make such recommendations to the mayor by the first day of July, then the mayor, with the approval of the city council, may appoint . some qualified person to a one-year term to represent such school district on the recreation and parks commission. (Ord. 1300, 2/67; Ord. 1113, 4/65) . 2 . 64 . 050 Mayor--Ex officio member. The . mayor shall be an ex officio member of the commission. (Ord. 1113, 4/65) . 2. 64 . 060 Secretary . The director_ of recreation and parks shall serve as secretary to the recreation and. parks commission without vote and shall keep permanent minutes of the commission meetings . - (Ord. 1113, 4/65) . 2.64. 070 Members--Removal. The term or terms of office specified herein shall not be deemed arbitrary and should the mayor, with the approval of the city council determine that Nww it would be for the best interest of the . department that a member be retired, he may so order and appoint a successor for the unexpired term of office of such retired member. (ord. 1113, 4/65 ) . 2. 64. 080 Vacancies--Retirement . Members shall be privi- leged to voluntarily retire from the commission at any time; successors to be appointed in such case, or any other vacancy from whatever cause, by the mayor, with the approval of the city council, for the unexpired term of office. (Ord. 1113, 4/65 ) . 2. 64 . 090 Members--Reappointment. Members may be reap- pointed by _the mayor, with the approval of the city council for as many terms of office as is desirable; provided, however, that members representing school districts. shall require renewed recommendations from their school district for each reappointment . (Ord. 803, 11/60) . 2 . 64 . 100 Duties and responsibilities. -The recreation and parks commission shall act in an advisory capacity to the city council, the boards of trustees of the school districts and the director of recreation and parks in all matters per- taining to park acquisition, development and maintenance, and 35 2. 64.110--2 . 64. 130 recreational programming or facilities . Also to cooperate with other governmental agencies and civic groups in the advance- ment of sound park and recreational planning under the direction of the city council. Commissioners may study, report and inter- pret the needs of the public to the city council and may assist in securing financial support from the community for park and recreational needs . The commission may review the annual budget as presented to the city council and advise them on the current operational needs and long range plans for . capital improvement . (Ord. 1113, 4/65 ) . 2 .64. 110 Meetings . The recreation and parks commission shall meet regularly on the second Wednesday of each month at seven thirty p .m. in the council chamber of the city unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings shall be called by the chairman. All meetings shall be open to the public. (Ord. 1113, 4/65) . 2 .64 . 120 Election of officers. The recreation and parks commission shall elect from its members a. chairman and vice-chairman at the regular. July meeting and such officers shall serve for one year and until their successors are elected. The chairman and vice-chairman may make and second motions and shall have a voice and vote in all proceedings of the recreation and parks commission. (Ord. 1434, 8/68) . 2 .64 . 130 Quorum proceedings . A majority of the members of the recreation and parks commission in office shall con- stitute a quorum. A majority vote of the members present, and voting, where a quorum is present at any regular -or special meeting is required to carry a motion, proposal or resolution. Upon demand of any member, the roll call shall be called for yeas and nays upon any question before the recreation and parks commission. Absence from three consecutive meetings without formal consent of the commission chairman shall be deemed to constitute the retirement of such member and the position shall become vacant. Roberts ' Rules of Order Revised will govern the procedure of meetings of the recreation and parks commission unless inconsistent with other provisions .of this chapter. (Ord. 1434 , 8/68) . 36 . 2 . 68. 010--2 . 68. 050 Chapter 2 . 68 STREET DEPARTMENT Sections : 2. 68. 010 Established. 2.68. 020 Engineer in charge . 2. 68. 030, Appointment of subordinates . 2. 68. 040 Assistant city .engineer. 2. 68.050 Street superintendent--Appointment . 2.68. 010 Established. There is established a street department in the city . Ord. 652, 10/563 . 2. 68. 020 Engineer in charge . The city engineer shall be in charge of the street department . (Ord. 700 , 12/58) . 2. 68. 030 Appointment of subordinates . The city engineer shall appoint all other officers, assistants, deputies and employees of the street department ; subject to the approval of the city council. (Ord. 700, 12/58; Ord. 652, 10/56) . 2. 68. 040 Assistant city engineer. The assistant city ,,. engineer shall act in the absence or inability of the city engineer; shall attend the council meetings when requested by the city council -and shall assist the city engineer in the performance of the duties of the engineering department as set forth in the Charter and by ordinances of. the city. (Ord. 652, 10/56 ) . 2.68. 050 Street superintendent--Appointment . The street superintendent shall be appointed by the city engineer, subject to the approval of the city council and he shall have such powers , . duties and responsibilities as are set forth in the Charter, in the ordinances of the city, and by the laws of the state of California. (Ord. 700, 12/58; Ord. 652, 10/56) . 37 2 . 72. 010--2 . 72.040 Chapter 2 .72 PERSONNEL SYSTEM Sections • 2. 72 . 010 Adopted. 2. 72 . 020 Department created. 2. 72. 030 Director--Appointment. 2 . 72. 040 Director--Duties . 2. 72. 050 Board--Created. 2. 72. 060 Board--Members--Terms. 2. 72. 070 Board--Vacancies . 2. 72 .080 Board--Functions and duties . 2. 72. 090 Adoption and amendment. of rules . 2. 72 .100 Employer-employee relations . 2. 72. 010 Adopted. In order to establish an equitable and uniform procedure for dealing with personnel matters ; to attract to municipal service the best and most competent persons available ; to assure that appointments and promotions of employees will be based on merit and fitness ; and to pro- vide a reasonable degree of opportunity for qualified employees, the following personnel system is adopted. (Ord. 1225, 6/66 ) . 2.72. 020 Department created. A personnel department is created and shall be under the supervision and control of a personnel director. (Ord. 1645, 5/71; Ord. 1225, 6/66 ) . 2 .72. 030 Director--Appointment . A personnel director shall be appointed by the city administrator with the approval of the city council, and such personnel director shall be the head of the personnel department. (Ord. 1645 , 5/71; Ord. 1225 , 6/66 ) . 2.72. 040 Director--Duties. The personnel director shall administer the provisions of this code relating to personnel and city employees ; the personnel resolution; and the employer- employee relations resolution. He shall be the city 's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith with recognized employee organizations within the scope of representation.. He shall serve as secretary to the personnel board. He shall have authority to perform such other duties as may be assigned him by the city administrator and the personnel board not incon- sistent with the City Charter, this chapter and the above-named resolution. (Ord. 1645, 5/71; Ord. 1225, 6/66) . 38 2.72. 050--2. 72. 100 2. 72 . 050 Board--Created. There is created a personnel board to consist of five members, to be appointed by the city council. (Ord. 1225, 6/66) . 2. 72. 060 Board--Members--Terms . The first board to be appointed shall at its first meeting, so classify its members by lot that one shall serve for a term which shall expire one year from date of appointment, one shall serve for a term which shall expire two years from date of appointment, one shall serve for a term which shall expire three years from date of appo.intment, ' and; two .shall. serve. -for a term which shall expire four years from .date of appointment. At the expiration of each of the terms so provided for, a successor shall be appointed by the city council for a term of four ,years. The personnel board shall adopt rules of procedure and shall select- a chairman from its members who shall act as presiding officer. (0rd. 1225, 6/66) . 2. 72. 070 Board--Vacancies. Vacancies on the board. shall be filled by appointment by the city council for the unexpired term. Each member shall- serve until his successor is appointed and qualified. (Ord. 1225, 6/66 ) . 2. 72. 080 Board--Functions and duties. The functions and duties of the personnel board shall be as provided by Section 808 of the City Charter, by ordinance, by resolution or by minute action of the council. (Ord. 1642, 5/71; Ord. 1225, 6/66 ) 2. 72. 090 Adoption and amendment of rules. Personnel rules and regulations, in the form of a personnel resolution, shall be adopted and amended from time to time by the city council following hearings open to the public before the personnel board. The personnel resolution shall establish specific rules, procedures,_ including disciplinary and review procedures and regulations governing the administration and operation of the personnel board and the . personnel system which shall not be inconsistent with the City Charter. (Ord. 1642, 5/71; Ord. 1225, 6/66) . 2. 72. 100 Employer-employee relations. An employer- employee relations resolution shall be adopted and may be amended from time to time by the city council following hearings -open to the public before the personnel board. (Ord. 1642, 5/71; Ord. 1225, 6/66) . *AW 39 2. 76.010--2.76. 030, Chapter 2. 76 COMPETITIVE SERVICE REGULATIONS Sections: 2. 76. 010 Exclusions from competitive service. 2. 76. 020 City employees--Political activity restricted. 2. 76. 030 Soliciting campaign contributions from other employees. . 2..,7.6...o4o City offices-barred from contribution notices. 2. 76. 050 Compliance with bar on governmental premises. 2. 76. 060 Exception to Section 2. 76. 040. 2. 76. 070 Use or threat to use political authority or influence. 2. 76. 080 Political activity prohibited while in uniform. 2. 76. 090 Nonexempt. employees--Prohibited election activities . 2. 76. 010 Exclusions from competitive service. Pursuant to Article 10 of the City Charter, it is declared that all departments and appointive officers and employees of the city are included within the personnel system and the competitive service except : (a) Elective officers; (b ) Members of appointive boards, commissions and committees ; r.r► (c ) Persons. engaged under contract to. supply expert, professional, technical or .other services; (d) . Emergency employees who are hired to meet the immediate requirements of an emergency; (e) . Employees who are employed to work. a regular schedule of less than one thousand forty (1040) hours in any fiscal year; (f) Temporary employees. (Ord. 1642, 5/71; Ord. 1225 6/66 ) . 2. 76. 020 City employees--Political activity restricted. This chapter applies to all officers and employees of the competitive - service. (Ord. 1225, 6/66) . 2. 76. 030 Soliciting campaign contributions from other employees. An officer or employee of the city shall not , direct- ly or indirectly, solicit or receive political funds or con- tributions, knowingly, from other officers or employees of the city or from persons on the employment lists of the city. (Ord.. 1225, 6/66) . 4o 2 .76.040--2 . 76. 090 2. 76.040 City officers barred from contribution notices . Every officer or employee of the city shall prohibit the. entry into any place under his control, occupied and used for the governmental purposes of the city, of any person for the pur- pose of therein making, or giving notice of any political .assess- ment , subscription or contribution. (Ord. 1225, 6/66) .. 2. 76 . 050 Compliance with bar on governmental premises. A person shall not enter or remain in any such place described in, Section . 2.76. 040 for the. purpose of therein .making, .demand ing or giving notice of any political assessment, subscription or contribution. (Ord. 1225, 6/66).. .2.76 .060 Exception to Section 2 .76. 040. This chapter shall not apply to any auditorium or other place used for the conduct of public or political . rallies or similar events , nor to any park, street, public land or other place not being used for the governmental purposes of the city . (Ord. 1225 , . . 6/66 ) . 2 .76. 070 Use or threat to. use political authority or influence . -No one who holds , or who .is seeking election or appointment to any. office or employment in the city shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority or influence, whether then possessed or merely anticipated, to confer upon, secure for any person or t.o. aid or obstruct any person in securing or to prevent any per- son from securing any position, nomination, confirmation, pro motion, change in' compe'nsation or position, within the city, upon consideration .or condition that the vote or political . influence or action of such person 'or another shall be given partly or upon any other corrupt condition or consideration. (Ord. 1225 , 6/66 ) . . 2. 76 . 080 Political activity prohibited while in uniform. No officer or employee of the city shall participate in polit- ical activities of any kind while- he is in uniform. (Ord. 1225 , 6/66 ) . 2. 76 .090: _ Nonexempt employees--Prohibited election activ- ities . No officer or employee whose position is not ..exempt from the operation of the personnel system. of the city shall take an. active part in any campaign for or against any candi- date , except himself, for an officer recall. of any elected official of the city. (Ord. 1225, 6/66) . w�. 41 2. 80 .010--2 . 84 . 010 Chapter 2. 80 REDEVELOPMENT AGENCY Sections : 2 . 80 .010 Established. 2. 80 .020 Powers and duties . 2. 80. 010 Established. It is found and declared, pur- suant to Section 33101 of the California Health and Safety Code, that there is a need for the redevelopment agency created by Section 33100 of said law to function in the city, and said agency is authorized to transact business and exercise its .powers under the California Health and Safety Code. (Ord. 1285, 1/67) . 2 . 80 .020 Powers and duties . Pursuant to the provisions of Section 33200 of the California Health and Safety Code, this body declares itself to be the agency provided in Section 2. 80 .010 hereof and that all rights, powers, duties , privileges and immuni- ties vested by the California Health and, Safety Code in such agency shall be , and are, vested in. this body. (Ord. 1285, 1/67) .. Chapter 2 .84 PUBLIC LIBRARY--GENERAL PROVISIONS Sections : 2. 84.010 Established. 2. 84. 020 Use . 2. 84 .030 Contracts with cities and counties . 2. 84. 040 Title to property. 2 . 84. 050 Harmony with state law. 2. 84. 060 Distribution of duties. 2. 84. 010 Established. A public library, pursuant to' Sections 27301 et seq . of the California Education Code, is established in and for this city, . the inhabitants thereof and the nonresident taxpayers of this city, and the same shall be maintained by the levy or taxes upon the taxable property of this city hereinafter mentioned, and said library . shall be controlled by such sections, and the duties of the board of library trustees hereinafter mentioned shall be the same as 42 2 .84 .020--2. 8.4 .060 those duties specified for such officers in Sections 27301 et seq. of .the California Education Code, and all amendments thereto, and the same shall be known as the "Huntington Beach Public Library ." (Ord. 18, 6/09) . 2. 84. 020 Use . The public library established under said Sections 27301 et .seq. of the California Education Code shall be forever free to the inhabitants and nonresident tax- payers of this city, subject always to such rules , regulations and by-laws, as may be made by the board of library trustees, and provided, that for violations of -the same., a person may be fined or excluded from the privileges of- the library. (Ord. 18, 6/09 ) . 2.84 . 030 - Contracts with cities and counties . The board of library trustees of the public library of this city may con- tract with the legislative bodies of neighboring municipalities or boards of supervisors of the county in which any public library or- libraries are situated, for the lending of books of such library to residents of such counties or neighboring municipalities upon a reasonable compensation to be paid by such. counties or neighboring municipalities . (Ord. 18, 6/09) . 2. 84 . 040 Title to property. The title to all property acquired for the purpose of the library, when not inconsistent with the terms of its acquisition, or otherwise designated, shall rest in the city in which such library is or is to be situated and in the. name of _the ,ci.ty may be. sued. for and de- fended by action at- law or . otherwise (Ord. 181 6/09.) . 2. 84. 050 Harmony with state law. Nothing in Chapters 2. 84 through 2.92 shall be construed as being in conflict with Sections . 27301 et seq. of the California Education Code, and any amendments thereto. (Ord. 18, 6/09) . 2. 84. 060 . Distribution of duties. All the duties enumer- ated in said .Section 27301 et seq. of the California Education Code shall devolve upon and be discharged by the officers and employees mentioned in said sections, and Chapters 2 . 8.4 through 2. 92. (Ord. 18, 6/09) . 43 2. 88. 010--2 . 88.050 Chapter 2 .88 LIBRARY BOARD Sections : 2. 88.010 Board named--Members . 2. 88. 020 Terms--Compensation. 2. 88. 030 Initial terms . 2. 88.040 Vacancy filling. 2. 88.050 Meetings--Regular. 2. 88.060 Meetings--Special. 2. 88.070 Quorum. 2. 88. 080 President appointed. 2. 88. 090 Meetings--Minutes . 2. 88. 100 Rules and regulations . 2.88. 110 Receipt of gifts and bequests . 2.88. 130 Purchase of publications and property. 2. 88. 140 State reports and laws furnished library. 2. 88. 150 Exchange and lending of books . 2. 88. 160 Incidental powers . 2. 88. 010 • Board named--Members. The public library shall be managed by a board designated as the board of library trus- tees , consisting of five members, to be appointed by the mayor, by and with the consent of the council. (Ord. 18, 6/09) . 2. 88. 02.0 Terms--Compensation. Such trustees shall severally hold office for three years, serving without com- pensation. (Ord. 18, 6/09) . 2.88. 030 Initial terms of office. The number of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at the end of the current fiscal .year, two at the .end of one year there- after, and the other two at the .end of two years thereafter. (Ord. 18, 6/09) . , 2. 88. 040 Vacancy filling. Men and women shall be equally eligible to- such appointment, and vacancies shall be filled by appointment for the unexpired .term in the same manner. (Ord. 18, 6/09) . 2. 88. 050 Meetings--Regular. The board of library trus- tees shall meet at least once a month at such times and places as they may fix by resolution. (Ord. 18, 6/09) . .44 2 . 88 . 060--2. 88.130 � . 88. 060 Meetings--Special. Special meetings may be . called at. any time by. three trustees, by written notice served upon each member at least three hours before the .t.ime speci- fied for the proposed meeting. (Ord. 18, .6/09) . 2. 88. 070 Quorum. A majority of the board shall consti- tute a quorum for the transaction of business . (Ord. 18, 6109 ) . 2. 88. 080 President appointed. Such board shall appoint one of their number_president, who shall serve for one year and until his successor is appointed, and in his absence shall select a president pro tempore. (Ord. .18, 6/09) . 2. 88. 090 Meetings--Minutes. Such board shall cause a proper record of their proceedings to be kept . At the first meeting of such board it must immediately, upon organization, cause to be made out and filed with the State Librarian at Sacramento, a certificate showing that such library has been established, with .the date thereof and the names .of the trustees and of the officers of the board chosen for the first year. (Ord. , 18, 6/09) . ; 2 . 88 . 100 Rules and .regulations . The board of library trustees shall have . the power to make and enforce all rules , regulations and by-laws necessary for the administration, government and protection of the libraries under their manage- ment , and all property belonging thereto. (Ord. 18, 6/09) . 2. 88.110 Receipt of gifts and, bequests. The board of library trustees shall have the power to administer any trust declared or created for such libraries, and receive by gift, devise., or bequest and hold in trust or otherwise , property situated in this state or elsewhere, and where not. otherwise provided, dispose .of the same for .the benefit of such libraries . (Ord. 18, 6/09 ) . 2 . 88.130. Purchase of publications and property. The board of library trustees shall have the power: (a) To purchase necessary books , journals, publications and other personal property; and (b). To purchase such real property, and erect or rent and equip, such building or buildings, room or rooms as may be necessary when in their judgment a suitable .building, or por- tion thereof, has not been provided by 'the council for such. libraries. (Ord.. 18, 6/09) . 45 2. 88. 140--2 .92.010 2 . 88 . 140 State reports and laws furnished library . The board of library trustees shall have the power to require the Secretary of State and other state officials to furnish such libraries with copies of any and all reports, laws and other publications of the state not otherwise disposed of by law. (Ord. 18, 6/09 ) . 2 . 88. 150 Exchange and lending of books . The board of library trustees shall have the power to borrow books from, lend books to and exchange the same with other libraries ; and to allow nonresidents to borrow books upon conditions as they may prescribe . (Ord. 18, 6/09)-. 2. 88. 160 Incidental powers . The board of library trus- tees shall have the power to do and perform any and all other acts and things necessary or proper to carry out the provi- sions of Sections 27301 et seq. of the California Education Code, .and any amendments thereto. (Ord. 18, 6/09 ) . Chapter 2 .92 PUBLIC LIBRARY--FISCAL MATTERS Sections : ..+ 2.92. 010 Annual report . 2. 92. 020 Library Tax--Levy. 2.92.030 Library tax--Rate . 2. 92. 040 Library fund. 2.. 92.050 Preservation of donations . 2. 92. 060 Payments from fund. 2. 92. 070 Presentation of demands. 2. 92. 010 Annual report. The board of library trustees shall, on or before the last day of July in each year, make a report to the council, giving the condition of the library on the thirtieth day of June preceding, together with a statement of their proceedings for the year then ended, and must imme- diately upon the publication of such report forward a copy thereof to the State Library at 'Sacramento. (Ord. 18, 6/09) . 46 2. 92. 020--2. 92. 070 r„e 2 . 92 . 020 Library tax--Levy. The council shall , in making the annual tax levy and as a part thereof, if the main- tenance of the library has not been otherwise provided for, levy a tax for the purpose of maintaining such library and purchasing property necessary therefor, which tax shall be in addition to other taxes the levy of which is permitted in this city. (Ord. 18 (part) , 1909) . 2 . 92 . 030 Library tax--Rate. After two years from the establishment of this library, such levy of taxes shall not exceed two mills on the dollar. of..assessed valuation. (Ord. 18 (Part) , 1909) . 2. 92. 040 Library fund. The revenue derived from said tax, ' together with all money acquired by gift, devise , bequest or otherwise, for the purposes of the library, shall be ap- portioned to a fund to be designated the library fund and be applied to the purposes herein authorized. (Ord. 18 (part) , 1909) . 2. 92. 050 Preservation of donations . If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise or bequest , the board of trust- ees shall provide for the safety and preservation of the same, and the application . thereof to the use of the library, in accor- dance with the terms and conditions of such gift, devise or be- quest. .(Ord. 18 (part) , 1909) . 2. 92. 060 Payments from .fund. Payments 'from said fund shall be made. in the manner provided for the payment of other demands against this city. (Ord. 18 (part) , 1909) . 2. 92 . 070 Presentation of demands. Demands upon said fund shall be presented to the board of library trustees for allowance rather than to the council. (Ord. .18 (part) , 1909) . Chapter 2.96 DISPOSITION OF UNCLAIMED PROPERTY Sections : 2.96 . 010 Generally. 2 .96 .020 Delivery to one who finds property. 2 .96 .030 Period for holding property by police. 2. 96 .040 Transfer to .purchasing department. 2 . 96 .050 Auction--Notice. 2 .96 .060 Restoration to owner upon claim. --2 . 96. 070 Nonsale--Given to nonprofit organization. 47 2 . 96. 010--2. 96. 060 2 . 96 .010 Generally. All unclaimed property in the pos- session of the city shall be handled and disposed of. in the manner set out in Sections 2 .96 .020 through 2. 96 .070 . (Ord. 1561 (part) , 1970 : Ord. 1457 (part) , 1968) . 2 . 96 .020 Delivery to one who finds property. If no owner appears and proves his ownership, such property shall be delivered to the person who found or saved the property, as provided in and subject to the limitations of Section 2080 . 3 of the Civil Code of the state of California. (Ord. 1561 (part) 1970 : Ord. 1457 (part) , 1968) . 2. 96 .030 Period for holding property by police. If no person claims the property , as ;provided in Section 2.96 . 020 , such unclaimed property, except_ unclaimed bicycles , shall be held by the police department for a period of at least four months , and unclaimed bicycles 'Shall be held for a period of at least three months . (Ord. 1561 (part) , 1960 : Ord. 1457 (part) , 1968) . 2 .96 .040 • Transfer to purchasing department. Thereafter such property shall be transferred to the city purchasing de- partment for sale to the public at auction. Upon transfer of such property to the city purchasing department , such prop- erty shall not be redeemable by the owner or other person en- titled to possession. If the city purchasing department de- termines that any such property transferred to it for sale is needed for a public use , such property may be retained by the department and need not be sold. (Ord. 1561 (part) , 1970 : j Ord. 1457 (part) , 1968) . 2 .96 .050 Auction--Notice. If the city purchasing de- pgrtment determines that any such property is not needed for ,� blic use , thereafter such property will be sold at public ,::action to the highest bidder, with notice _of such sale being given by the purchasing department at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the .county . (Ord ' 1561 (part) , 1970 : Ord. 1457 (part) , 1968) . 2 .96 .060 Restoration to owner upon claim. In the event the owner of any property shall appear on or before the time the property is transferred to the city purchasing department and reclaims the property and reimburses the city for all ex- penses incurred in the care and preservation of the property , then the property shall. be restored to the owner. (Ord. 1561 (part) , 1970 : Ord. 1457 (part) , 1968) . 48 2. 96. 070 2. 96 . 070 Nonsale--Given to nonprofit organization. In the event any property cannot be sold at public auction, it may be given away to any. fraternal, benevolent, patriotic, chari- table or religious organization not organized for profit or. . retained by the city; but if any such property is of no value and cannot otherwise be disposed of by gift or sale, or the city does not wish ' to retain said property, the property may be destroyed as junk, provided that if the unclaimed property consists of money or currency and is unclaimed by the owner or finder at the time set for property to be transferred to the city purchasing department, said money or currency shall be deposited :in the general _fund .of _the city.. (Ord. .1561 (part) 1970 : Ord. 1457 (part) 1968) 49 Title 3 REVENUE AND FINANCE Chapters : 3. 02 Purchasing Division 3.04 Fund Regulations 3. 08 Capital Outlay Fund 3. 12 Gas Tax Fund ° 3. 16. Tax Collection 3. 20 Real Property Transfer Tax 3. 24 Sales And Use Tax 3. 28 Transient Occupancy Tax 3. 32 Cigarette Tax 3. 36 Utilities Tax Chapter 3.02 PURCHASING DIVISION Sections : 3. 02 . 010 Created. 3.02 .020 Officer--Duties . 3. 02 .030 Officer--Exemptions from centralized purchasing. 3.02 .040 Agency estimates of requirements and requisitions . 3.02 . 05.0 Bid procedures . 3. 02 .060 Purchase orders . 3.02 .070 Encumbrance of funds . 3. 02 .080 Formal contract procedure. 3. 02 .090 Bidder's sec rity. 3.02. 100 Bid opening procedure. 3. 02. 110 Bid rejections . 3. 02. 120 Award of contracts . 3. 02 . 130 Tie bids . 3. 02. 140 Performance bonds . 3. 02. 150 Open market procedure. 3.02. 160 Bids--Minimum number. 3. 02 . 170 Bids--Notice inviting. 3. 02. 180 Bids--Written. 3. 02. 190 Inspection and testing of equipment and services. 3.0'2 . 200 Surplus supplies and equipment. 51 3. 02. 010--3. 02. 070 3. 02 . 010 Created. The purchasing division is created, under the supervision and direction of the director of fi- nance, for the centralized purchase of supplies , services and equipment. (Ord. 1842 (part) , 1973) . 3. 02. 020 Officer--Duties . The purchasing officer shall have general supervision of the purchasing division. The purchasing officer shall be responsible to the director of finance. The purchasing officer shall perform the duties and responsibilities as outlined -in the job description for purchasing officer approved and adopted by the personnel board. The purchasing officer shall enjoy :all fringe bene- fits enjoyed by department heads . (Ord. 1842 (part) , 1973) . 3. 02.030 Officer--Exemptions from centralized purchasing. The purchasing officer, with approval of the city council, may authorize in writing any agency to purchase or contract for specified supplies , services and equipment independently of the purchasing division; but he shall require that such purchases or contracts be made in conformity with the pro- cedures established by this chapter, and shall further re- quire ,periodic reports from the agency on the purchases and contracts made under such written authorization. (Ord. 1842 (part) , 1973) . 3. 02.040 Agency estimates of requirements and requisi- tions . All using agencies . shall file .detailed estimates of their requirements in supplies , services and equipment in such manner, at such time , and for such futire periods , as the pur- chasing officer shall prescribe , and using agencies shall submit requests for supplies, services and equipment to the purchasing officer by standard requisition forms . (Ord. 1842 (part) , 1973) . 3. 02.050 Bid procedures . " urchases of supplies , ser- vices , equipment and the sale of personal property shall be by bid procedures pursuant to Sections 3. 02 . 080 and 3. 02. 150. Bidding shall be dispensed with only when an emergency re- quires that an order be placed with the nearest available source of supply , when the amount involved is less than two hundred dollars , or when the commodity can be obtained from only one vendor. (Ord. 1842 (part) , 1973) . 3. 02.060 Purchase orders . Purchases of supplies , ser- vices and equipment shall be made only by purchase order. (Ord. 1842 (part) , 1973) . 3. 02.070 Encumbrance of funds . Except in cases of emergency, the purchasing officer shall not issue any pur- chase order for supplies , services or equipment unless there exists an unencumbered appropriation in the fund ac- count against which the purchase is to be charged. (Ord. 1842 (part) , 1973) . 52 3.02. 080--3. 02. 130 3. 0.2,080 Formal contract procedure. Except as other- wise provided herein, purchases and contracts for supplies , services , equipment and the sale of personal property of es= timated value greated than two thousand dollars shall be by written contract with the lowest or highest responsible bid- der, as the case may be, pursuant to procedure prescribed herein. (Ord. 1842 (part) , 1973) . 3. 02.090 Bidder' s security . When deemed necessary by the purchasing officer, bidder' s security may be prescribed in the public notices inviting bids . Bidders shall be en titled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or fail- ure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refus- al or failure 'of the successful bidder to execute the con- tract, award it to the next lowest responsible bidder. If the city council awards -the contract .to the next lowest bidder, . the amount of the lowest bidder' s security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any., shall be returned to the lowest bidder. (Ord. 1842 (part) , 1973) . 3. 02. 100 Bid opening procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabula- tion of all bids received shall be open for public inspec- tion during regular business hours for a period of not less than thirty calendar days after the bid opening. (Ord. 1842 (part) , 1973) . 3. 02. 110 Bid rejections . In its discretion, the city council may reject any and E :_1 bids presented and readvertise for bids . (Ord. 1842 (part) , 197.3) 3. 02. 120 Award of contracts. Contracts shall be award- ed. by the city. council to the lowest responsible bidder ex- cept as otherwise provided herein. (Ord. 1842 (part) , 1973) . 3. 02 . 130 Tie bids . If two or more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay or readvertising for bids, the city council may accept the one it chooses , or accept the lowest bid made by negotia- tion with the tie bidders at the time of the bid opening. (Ord. 1842 (part) , 1973) . 53 3 . 02. 140--3 .02. 200 3.02 .140 Performance bonds . The city council shall have authority to require a performance bond before enter- ing a contract in such amount as it shall find reasonably . necessary to protect the best interest of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 1842 (part) , 1973) . 3. 02.150 Open market procedure . Purchasing of supplies , equipment, contractual services and sales of personal property of an estimated value in the amount of two thousnad dollars or less may be made by the purchasing officer in the open market without observing the procedure prescribed by Section 3. 02. 080 , subject to approval by the city council. (Ord 1842 (part) , 1973) . 3.02.160 Bids--Minimum number. Open market purchases shall, wherever possible , be based on at least three bids , and shall be awarded to the lowest responsible bidder. (Ord. 1842 (part) , 1973) . 3. 02. 170 Bids--Notice inviting. The purchasing officer shall solicit bids by written requests to prospective vendors, by telephone and by public notice posted on a public bulletin board in the city hall. (Ord. 1842 (part) , 1973) . 3.02. 180 Bids--Written. Sealed written bids shll be submitted to the purchasing officer who shall keep a record of all open market orders and bids for a period of one year after the submission of the bids or the placing of orders. This record, while so kept, shall be open to public inspec- tion. (Ord. 1842 (part) , 1973) . 3. 02 . 190 Inspection and teeing_ of equipment and ser- vices. The purchasing officer s,iall inspect supplies and . equipment delivered, and contractual services performed, to determine their conformance_ with the specifications set forth in .the order or. contract. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are nec- essary to determine their quality and conformance with speci- fications . (Ord. 1842 (part) , 1973) . 3.02.200 Surplus supplies and a ui ment. All using agencies shall submit to the purchasing of icer, at such times and in such form as he shall prescribe , reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become un- suitable for city use, or to exchange the same for, or trade 54 3. 04. 010--3. 04. 040 in the same on, new supplies and equipment. Such sales shall be made pursuant to Section 3. 02. 080 or 3. 02.150, whichever is applicable. (Ord. 1842, 5/73) . Chapter 3. 04 FUND REGULATIONS Sections: 3. 04. 010 Resolutions delivered to treasurer. 3. 04. 020 Resolutions concerning library fund. 3.04.030 . Deposit receipts. 3. 04. 040 Statement of library funds. 3. 04.050 Sewer fund. 3. 04. 010 Resolutions delivered to treasurer. Whenever the council shall pass any resolut-ion .concerning the funds of this city, the city clerk shall, before six p.m. of the day following the day upon which the said resolution is passed, deliver to the city treasurer a certified copy of that reso- lution. (Ord. 37, 12/0.9) . .. 3. 04. 020 Resolutions concerning library fund. Whenever the council shall pass any resolution concerning the library fund, the city clerk shall, before six p.m. of the day follow- ing the day upon which the resolution is passed, deliver a like copy to the clerk or secretary of the board of library trustees. , (Ord. 37, 12109) . 3..04. 030 Deposit receipts. Whenever the city treasurer receives any money belonging to the city, he shall give du- plicate receipts therefor as f(,llows: (a) Library Funds. For All money deposited in the li- brary fund, one receipt to the depositor, one to the clerk or secretary of the board of library trustees, and one to the city clerk. (b ) Other Funds. For all money deposited in any other fund of this city, one receipt to the depositor, and one to the city clerk. (Ord. 37, 12/09) . 3. 04. 040 Statement of library funds . The clerk or secretary of the board of library trustees shall, at least one hour before the first regular meeting of each month of .the council, file with the city clerk a written statement of all receipts and disbursements of the library board during the preceding month, .in addition to any other report required of such clerk or secretary by law. (Ord.. 37, 12/09) : 55 3. 04. 050--3. 08. 050 3. 04: 050 Sewer fund. There is created a fund to be known as the "sewer fund" and all funds received by the city for off-site sewer charges, connection and sewer fees from subdividers, and others, shall be deposited in such fund and shall be disbursed only for the use and purposes of construc- tion of sewers, sewer laterals, connections, sewer maintenance and uses incidental thereto. (Ord. 37, 12/09 ) . Chapter 3. 08 CAPITAL OUTLAY FUND Sections : 3. 08. 010 Created. 3. 08. 020 Name designated.. 3. 08. 030 Purpose. 3. 08. 040 Expenditures from fund. . 3. 08.050 Levying for fund. 3. 08. 060 Transfer of .surplus funds. 3. 08. 070 Planned local drainage facilities fund. 3. 08. 010 Created. . A .-fund is created for capital out- lay for public improvements under the provisions of Division 2, Article 4 of the California Government Code (Sections 53730 et seq. ) . (Ord. 529, 5/48)`. 3. 08. 020 Name designated. Such fund shall be known as- "special fund for capital outlay. " (Ord. 529, 5/48) . 3. 08. 030 Purpose. It shall remain inviolate for the making of any capital outlays for public improvements. (Ord. 529, 5/48) . 3. 08. 040 Expenditures from fund. No moneys shall be disbursed therefrom excepting for such a purpose, excepting upon consent of the electors obtained as provided in said act. (Ord. 529, 5/48) . 3. 08. 050 Levying for fund. Taxes may be levied upon the taxable property in the city for the raising of moneys for said fund; but no levy so made shall exceed the limita- tion imposed by the Charter of the city upon the right of the city to impose taxes, without the assent of two-thirds of the qualified electors of the. city voting at any general or special election at which such proposition may be submitted. (Ord. 529, 5/48) . 56 3. 08. 060--3. 12. 030 3. 08. 060 Transfer of surplus funds. The council may transfer to such fund any unencumbered surplus funds remaining on hand in the city at the end of any fiscal year. (Ord. 529, 5/48) . 3. 08. 070 Planned local drainage facilities fund. There is created a fund to be known as planned local- drainage facilities fund" and all fees received by the city for the planned drainage facilities shall be deposited in such fund and .shall. be expended only for the construction or reimburse- ment for construction of local drainage_ facilities within the - planned local drainage area- from which the fees comprising the funds were collected. (Ord. 789, 8/60) . Chapter 3. 12 GAS TAX FUND Sections: . 3. 12. 010 Created. 3. 12. 020 Payments into fund. 3.12. 030 Expenditures from fund. 3.12. 010 Created. To comply with the provisions of Sections 2113 . et seq. of Chapter 3 of Division 3 of' the . Streets and Highways Code, there is created in the city treasury a special fund to be known as the "special gas tax street improve- ment . fund.." (Ord. 388, 12/35) . 3. 12. 020 Payments into fund. All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisiti .yn of real property or interests therein for, 'or the construction, maintenance or improvement of streets or highways other than state highways, shall be paid into the fund. (Ord. 388, 12/35) . 3.12. 030 Expenditures from fund. All moneys in the fund shall be expended exclusively for the purposes authorized by and subject to, all of the. provisions •of the Streets and High- ways Code, Sections 2113 et seq. (Ord. 388, 12/35) . . 57 3. 16. 010--3. 16. 020 Chapter 3. 16 TAX COLLECTION Sections: 3. 16. 010 County responsibility. 3. 16. 020 Effect of prior ordinances.. 3.16. 010 County responsibility. The city elects that the duties of the assessment of city property for city taxes, the equalization and correction of the assessment, the collec- tion, payment and enforcement of the taxes , including .delin- quent taxes, and the redemption of property from sale or other penalty for the nonpayment of city taxes, now provided by law to be assessed by the assessor and collected by the tax collec- tor and equalized by the city council, shall be performed by the county assessor, the county tax collector, the county auditor and the board of supervisors of Orange County when acting as board of equalization. (Ord. 567, 11/50) . 3.16. 020 Effect of prior ordinances. All ordinances or parts of ordinances in conflict herewith are repealed, except as the same may be necessary for the assessment and collection of taxes pursuant to law by county officials, and except fur- ther to enforce the collection of all city taxes assessed by the city which may now be or which may become delinquent. (Ord. 567, 11/50) . Chapter 3. 20 : REAL PROPERTY TRANSFER TAX Sections : 3.20. 010 Title. 3. 20. 020 Tax imposed. 3. 20. 030 Definitions. 3. 20. 040 Persons subject to tax. 3. 20.050 Exceptions. 3. 20. 060 Administration of tax. 3. 20. 070 Due dates, delinquencies, penalties , interest. 3.20. 080 Declaration requirement. . 3. 20. 090 Deficiency--Determination. 3. 20. 100 Deficiency--Notice. 3. 20.110 Notice. 3. 20.120 Redetermination petition. 3. 20.130 Redetermination--Hearing. 3. 20. 140 Determination of petition. 3. 20. 150 Determination finality. 3. 20.160 Tax as a debt. 3. 20. 170 Refunds. 58 3.20. 0.10_--3. 20. 030 3 . 20. 010 Title. This chapter shall be known as the "real property transfer tax ordinance" of the city. The tax imposed under this chapter is solely for the purpose of raising income and revenue which is necessary to pay the usual and current. expens.es of -..conducting the municipal government of the city. (Ord. 1925, 1 Aug 74; Ord. ' 1369, 11/67) . 3. 20. 020 Tax imposed. There is hereby imposed a tax on all transfers by deeds, instruments, writings or any other' document' by- which any lands; tenements or other interests in real property sold, located in the city of Huntington Beach are or is granted, assigned, transferred or otherwise conveyed to or vested in a purchaser, or purchasers thereof, or any. other person or persons, by his or their direction. Said tax . shall be levied at the rate of one-half (1/2) of one percent (1%) of the value of consideration. (Ord. 1925, 1 Aug 74; Ord., 1369, 11/67) . 3. 20. 030 Definitions. The term "value of consideration" means the total consideration, valued in money of the United States , paid or delivered, or contracted to- be paid or delivered in return for , the transfer of real property, including the amount of any indebtedness existing immediately prior to the transfer which is secured by a lien, deed of trust or. other encumbrance on the property conveyed and which continues to be secured by such lien,, deed of trust or encumbrance after said transfer, and also including the amount of any indebtedness which is, secured by a lien, deed of trust or encumbrance given or placed upon the property in connection .with the transfer to secure the payment of the purchase price or any part thereof which remains unpaid at the time of transfer. "Value of the .consideration" also includes the amount of. any special assess- ment levied or imposed upon tr ., property by a public. body, district . or agency, where said. special assessment is a lien or encumbrance .'on the property and the purchaser or transferee agrees to pay such special assessment or takes the property subject to the lien of such special assessment . The value of any lien or encumbrance of a type other than those which are hereinabove specifically included, existing immediately prior to the transfer and remaining after said transfer, shall not be included in determining the value of the consideration. If the "value of the consideration" cannot be definitely determined, or is left open to be .fixed by. future contingencies , "value of the .consideration" shall be deemed to .mean the fair market value of the property at the time of transfer, after deducting the amount of any lien or encumbrance, if any, of a type which would be excluded in determining the . "value of the consideration" pursuant to the above provisions of this section. 59 3. 20.040--3.20.050 As used in this chapter, the terms "real property" and "realty" shall be deemed to mean real property as defined in and under the laws of the state of California. (Ord. 1925, 1 Aug 74) . 3. 20. 040 Persons subject to tax. Any persons who make a transfer which is subject to the tax imposed under Section 3 . 20. 020 of this chapter, and any persons to whom such a transfer is made, shall be jointly and severally liable for payment .of the tax imposed under said Section 3. 20. 020; pro- vided, however, that the United States, state of California, any city, county, city and county, district or any other political subdivision of the -state of California shall be exempt from any liability for the tax imposed herein.. . (Ord. 1925, 1 Aug 74; Ord. 1369, 11/67) . 3.20. 050 Exceptions. The tax imposed by Section 3. 20. 020 hereof shall not apply to: (a) Any transfer made solely to secure a debt; provided, however, that nothing herein contained shall. be deemed to exclude the amount of any such indebtedness from being included in the "value of consideration," pursuant to Section 3.20. 020 in connection with transfers which are not made solely to secure a debt; (b) Transfers to make effective any plan of corporate reorganization or adjustment: ,r (1) Confirmed. under the Bankruptcy Act, .as amended; (2) Approved in an equity receivership proceeding in a court involving a railroad corporation as defined in Section 77(m) of the Bankruptcy Act, as amended; (3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 106 (3 ) of the Bankruptcy Act, as amended. (c) Any transfer of 'property from one spouse to the other in accordance with the terms ( f a decree of dissolution or in fulfillment of a property settlement incident thereto; provided, however, that such property was acquired by the husband and wife or husband or wife prior to the final .decree of dissolution; (d) Transfer or transfers, conveyance, lease or sublease without consideration which confirm or correct a deed previously recorded or filed; (e) Tranfer to or between the United States , state of California, any city, county, . city and county, district or any other political subdivision of the state of California and transfer executed pursuant to eminent domain proceedings by the United States, state of California, any city, county, city and county, district or. other political subdivision of the state of California; (f) Transfers made pursuant to any order by the court in any mortgage or lien foreclosure proceeding or upon execution of a judgment, or a transfer in lieu of foreclosure; 60 3. 20. 060--3. 20. 070 (g) Transfers recorded prior to the effective date of this chapter; (h) (1) In the case of real property held by a partner- ship.,. the tax imposed shall not apply by reason of any transfer of an interest in a partnership or otherwise, if: (i) Such partnership is' considere.d as a con- tinuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, and (ii ) Such continuing partnership continues to hold the real property. concerned. (2) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was transferred, . for fair market value, all realty held by such partnership at the time of such termination. (3) Not more than one tax shall be imposed pursuant to this chapter by termination described. in (h) (2) hereof, and any transfer pursuant thereto, with respect to the real property held by such partnership at the time of such termination. (3) The making or delivery of conveyances t.o .make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the- Internal Revenue Code of 1954, but only if: (1) The order of the Securities and Exchange Commission in obedience to which such conveyance ' is made, recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79.K of :.Title . 15 of the United States Code, relating to the Public Utility Holding Company Act "of 1935; (2) Such order specifies the property which is ordered to be conveyed; (3) Such conveyance is made in obedience to such order. (Ord. 1925, 1 Aug 74; Ord. 1369, 11/67) . 3. 20. 060 Administration -f tax. The director of .finance of the city of Huntington Beach hereinafter in this chapter referred to . as "director" ) shall collect .the tax imposed .under this chapter and shall otherwise administer this . chapter. He may make such rules and regulations, not inconsistent with this chapter, as he may deem reasonably necessary or. desirable to administer this chapter as well as ne.ceseary .forms and receipts. (Ord. 1925,. 1 Aug 74; Ord. 1369, 11/67) . .3. 20. 070 . Due dates, .delinquencies, penalties, interest . The tax, imposed under this chapter is due and payable at the time the deed, instrument or writing. effecting a transfer subject to the taxis delivered, and is delinquent if unpaid at the time of recordation thereof. ' In the event that the tax is .not paid prior to becoming delinquent, a delinquency penalty of ten. ' percent (10%) of the amount of tax ,due shall accrue. In the event a portion of the tax .is unpaid prior to becoming delin- 60-1 3. 20. 080--3. 20. 090 quency, the penalty shall only accrue as to the portion. remain- ing unpaid. An additional penalty of ten percent (10%) shall accrue if the tax remains- unpaid on the ninetieth (90th) day following the date of `the original delinquency. Interest shall accrue at the rate of one-half (1/2) of one percent (1%) a month, or fraction thereof, on the . amount of tax, exclusive of penalties, from the date the tax becomes delinquent to the . date of payment. Interest and penalty accrued shall become part of the tax. (Ord. 1925, 1 Aug 74; Ord. 1369, 11/67 ) . 3. 20. 080 Declaration requirement. The tax imposed by this chapter shall be paid to the director by the persons referred to in Section 3. 20. 040. The director shall have the authority as part of any rules and regulations promulgated by him as provided for herein to require that the payment shall be accompanied by. a declaration of the amount of tax due signed by the person paying the tax or by his agent .. The declaration shall include a statement that the value of the consideration on which the .tax due was computed includes all indebtedness secured by liens, deeds of trust, or other encumbrances remain- ing or placed on the property transferred' at the time of trans- fer, and also includes all special assessments on the property which the purchaser or transferee agrees to pay or which remains.' a lien on the property at the time of transfer. The declaration shall identify the deed, instrument or writing effecting the transfer for which the tax is being paid. The director may require delivery to him of a copy of such deed, instrument or writing whenever he deems such to be reasonably necessary to adequately identify such writing or to administer the provisions of this chapter. The director may rely on the declaration as to the amount of the tax due provided he has no reason to . believe that the full amount of the tax due is not shown on the declaration. Whenever the director haL reason to believe that the full Amount of tax due is not shown on the declaration or has not been paid, he may, by notice served upon any person liable for the tax, require him to furnish a true copy of his records relevant to the value of the consideration or fair market value of the property transferred: Such notice may be served at any time within three (3) years after recordation of the deed, . instrument or writing which transfers such property. (Ord. 1925, 1 Aug 74) . 3. 20. 090 Deficiency--Determination.: If on the basis of such information as the director receives pursuant to the last paragraph of Section 3. 20. 080 and/or on the basis of such other relevant information that comes into .his . possession, he deter- mines that the amount of tax due as set .forth in the declaration, 60-2 3. 20. 100--3. 20. 130 . or as paid, is insufficient, he may recompute the tax due on the basis of such information. If the declaration required by Section 3. 20. 080 is not submitted, the director may make an estimate of the value of the consideration for the property conveyed and determine the amount of tax to be paid on the basis of any information in his. possession or that may come into his possession. One .or more deficiency determination may be made of the amount due with respect to any transfer. . (Ord. 1925, 1 Aug 74 ). 3.20. 100 - Deficiency--Notice. The director shall give written notice to a person- liable for payment of the tax imposed under this chapter of his determination made under Section 3. 20. 090. Such notice shall be given within three (3) years after the recordation of the deed, instrument or writing effect- ing the transfer on which the tax deficiency determination was made. (Ord. 1925, 1 Aug 74) . 3. 20. 110 Notice. Any notice required to be given by the director under this chapter may be served personally or by mail; if by mail, service shall be made by depositing notice in the United States mail, in a sealed envelope with postage paid, addressed to the :person on whom it is to be served at his address as it appears in the records of the. .eity or as ascer- tained by the director. The service is. complete at .the time of the deposit of the notice in the United States mail, without extension of time for any reason. (Ord.. 1925, 1 Aug '74 ) .. 3. 20. 120 Redetermination petition. Any person against whom a determination is made under this chapter or any person directly interested may petition the director for a redetermina- tion within sixty (60 ) days after service upon the person of notice thereof. If a petition for redetermination is not filed in writing with the director, City Hall, Huntington Beach, California, 92648, within the sixty (60) day period, the deter- mination becomes final at the expiration of the period. (Ord. 1925, 1 Aug 74) . 3.20.1 0 Redeterminationpetition--Hearin . If a petition for redetermination is filed .within the sixty 0) day period, the director. shall reconsider the determination and, if the person has so requested 'in his petition, shall grant the person an oral hearing, and shall give him ten (10) days ' notice of the time and. place of hearing. The director may designate one or more deputies for the purpose of conducting hearings and. may continue a hearing from time to time as may be necessary. (Ord. 1925, 1 Aug 74) . 60-3 3.20. 140--3 . 20. 170 3. 20. 140 Determination . of petition. The director may J decrease or increase the amount. of the determination before it becomes final, but the' amount may be increased only if a claim for the increase is asserted by the director at or before the hearing. 3. 20. 150 Determination finality. The order or decision of the director upon a petition for redetermination becomes final thirty (30) days after service upon the petitioner of notice thereof. (Ord. 1925, 1 Aug 74) . 3. 20. 160 Tax as a debt . The amount of any tax, penalty, and interest imposed under the provisions of this chapter shall be deemed a debt 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 for the recovery of such amount. (Ord. 1925, 1 Aug 74) . 3.20. 170 Refunds. . Whenever the amount of any tax, penalty or interest has been overpaid, or paid more than once, or has been erroneously collected or received by the city under this chapter, it may be refunded as hereinafter provided in this section, provided a written claim therefor stating under penalty of perjury the specific grounds under which the claim is founded is filed with the director within three (3) years of the date of payment . The claims shall be on forms furnished by the director. The director may make such refund if he is satisfied that the claimant is entitled to the refund under the provisions of this section. No refund shall be paid .under the provisions of this section unless the -claimant establishes his right thereto by written records showing entitlement there- to . (Ord.. 1925, 1 Aug 74; Ord. 1369, 11/67) . I 60-4 3. 24.010--3. 24.040 Chapter 3. 24 UNIFORM LOCAL SALES AND. USE .TAX Sections : 3. 24. 010 Short title. 3. 24. 020 Rate. 3.24. 030 , Operative date.. 3.24. 040 Purpose. 3.24.100 Contract with state. 3:24. 110 Sales tax. 3.24. 120 Place of sale. 3.24. 130 Use tax. 3.24.20.0 Adoption of provisions of state law. 3.24.210 Limitations on. adoption of state law. 3.24.220 Permit not required. 3.24. 230 Exclusions and exemptions . 3.24.240 Exclusions and exemptions . 3. 24. 300 Application of provisions relating to exclusions and exemptions . 3.24. 310 Amendments . , 3. 24. 320 Enjoining collection forbidden. 3. 24. 010 . Short title. This. chapter shall be known as the Uniform Local Sales and Use Tax. (Ord. 1896 , 1/74. ) 3.24. 02.0 Rate. . The rate .of sales tax: and use tax imposed . by this chapter shall. be One Cent (lid) per dollar. (Ord. 1896, 1/74. ) 3.24. 03,0 Operative date. This chapter shall be operative on January 1, 197 . .. Ord. 1 ^6, 1/74. ) 3.24. 04.0 Purpose. The city council declares that this chapter is _adopted to achieve the following, among other purposes and directs that the provisions. hereof be interpreted in order to accomplish those purposes : (a) To adopt -provisions for a sales and use tax which com- plies with .the requirements and limitations. contained in Part 1.5 of Division 2 of the Revenue and Taxation Code; (b) To adopt provisions for a sales and use tax which incorporate provisions identical to those of the sales and use tax law of the state of California insofar as those provisions are not inconsistent with the requirements and limita- tions contained in Part 1. 5 of Division 2 of the Revenue and Taxation Code; (c ) To adopt provisions for a sales and use tax which imposes "a tax and provides a measure therefor that can be administered and collected by, the State Board .of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and admin- 61 3. 24. 100--3. 24-.130 istrative procedures followed .by the State Board of Equalization in administering and collecting the California state sales and use taxes ; (d) To adopt provisions for a sales and use tax which can be administered in a manner that will, to the degree possible , consistent with the provisions of Part 1. 5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the pro- visions of this chapter. (Ord. 1896, 1/74; Ord: 643, 3/56. ) 3. 24.100 Contract with state . Prior to the operative date this city- shall contract with the State Board of. Equalization to perform all functions incident to the administration and operation of the sales and use tax provided for herein; pro- vided, that if this city shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter. following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of this chapter. (Ord. 1896, 1/74; Ord. . 643, 3/56 ..) 3. 24 .110 Sales tax. For the privilege of selling tangible property at retail a tax is hereby imposed upon all retailers in the city at the rate stated in Section 3.24. 020 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in . this city on and after the operative date. (Ord. 1896, 1/74; Ord. 643, 3/56 . ) 3. 24.120 Place of sale. For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to . a common carrier for delivery to an out-of-state destination. The gross receipts from such Sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the. place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than .one place of business, the place or places at which the retail sales are consummated shall be determined under . rules and regulations to be prescribed and adopted by the State Board of Equalization. (Ord. 1896, 1/74; Ord. 878, 11/61; Ord. 643, 3/56. ) 3. 24.'130 Use tax. An. excise tax is hereby imposed on. the storage , use or other consumption in this city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this city at the rate stated .in Section 3. 24.020 of the sales price ..r;; 62 3 . 24.20 0--3 . 24 . 220 of the property. The. sales price shall include ..delivery charges when such charges are subject to state sale or use tax regardless of the place to which delivery is made . (Ord. 1896 , 1/74 ; Ord. 643, 3/56 . ) 3. 24.200 Adoption of,provisions of state law. Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1. 5 of Division 2 of the Revenue and Taxation Code, all of the pro- visions of Part 1 of Division 2 of the Revenue and Taxation . Code are hereby adopted and made a part of this chapter as though. fully. .set. forth -herein. ..:.(Ord. 1896, 1/7.4 ; Ord. 643, 3/56. ) 3. 24.210 Limitations on adoption of state law. In adopt ng the provisions of Part 1 of Division 2 of the Revenue- and Taxation Code, wherever the state of California is named or referred to as the taxing agency, the name of this city shall be substituted therefor. The substitution, however, shall not be made when the word "State" is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution of the state of California; the substitution shall not be made when the. result of that substitution would require action to be taken by or against the city, or any agency thereof rather .than by or against the State Board of Equaliza- tion, .in performing the functions incident to the administration or. operation of this chapter; the substitution shall not be made in those sections , including but not necessarily limited to, sections referring to the exterior boundaries of the state of California., where the result of the substitution. would be to provide an exemption from this tax with respect to certain sales , storage , use or other consumption of tangible personal property which would not otherwise be exempt from this tax , while such sales , storage, use or other consumption remain subject , to tax by the state ender the provisions of Part 1 of Division 2 of the Revenue ant Taxation Code, or to impose this tax with respect to certain sales, storage, use or other con- sumption of tangible personal property which would not be subject to tax by . the state under the same provisions of that code; the substitution shall not be made in Sections 6701, 6702 (except in the last sentence thereof) , . 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition. of that phrase in Section 6203. (Ord. 1896, 1/74; Ord. 643, 3/56 . ) 3.24. 220 Permit not required. If.'a seller' s permit. has been issued to .a .retailer. under Section 6067 of the Revenue and Taxation .Code, an additional seller' s permit shall not be required by reason of this section. (Ord. 1896 , 1/74; Ord. 1877., 10/73; Ord. 643-2 3/56. ) 63 3. 24. 230--3.24 .240 3. 24. 230 Exclusions and exemptions. There shall be ex- cluded from the measure of tax: (a) The amount of any sales or use tax imposed by the state of California upon a retailer or consumer. (b) The storage , use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1. 5 of Division 2 of the Revenue and Taxation ;Code, by any city and county, county, or city in this state . (c ) The gross receipts from sales. to, and the storage, use or other 'consumption..of property purchased by, operators of common carriers and waterborne vessels .to be used or con- sumed in the operation of such common carriers or waterborne vessels principally outside this city. (d) The storage oruse of tangible personal property in the transportation or transmission of persons , property or communications, or in the generation, transmission or distri- bution of electricity or in the manufacture, transmission or distribution of .gas in intrastate, interstate or foreign com- merce by public utilities which are regulated by the Public Utilities Commission of the state of California. (Ord. . 1896 , 1/74. ) 3. 24.24o Exclusions and exemptions . a The amount subject to tax shall not include any sales or use tax imposed by the state of California upon a retailer or consumer. (b ) The storage, us.e, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1. 5 of Division . 2 of .the Revenue and Taxation Code by any city and county, county, or city in this state shall be exempt from the tax due under this chapter. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of .waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons_ or property in such vessels for commercial purposes. (d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne ves- sels and used or consumed by such .operators directly and ex- clusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (e) . There are exempted from the computation of the amount of the sales .tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or con- sumed principally outside the city in .which the sale is made L li 3.24.300--3. 24. 320 and directly and exclusively in the use of such aircraft as common carriers of persons .or property under the authority of the laws of this state, the United States, or any foreign government. (f) In addition to the exemptions provided . in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use, or other consumption of tangible personal property pur- chased by operators of aircraft and used 'or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compen- sation under . a certificate of public convenience and necessity issued pursuant _to ...the laws .of_ this s.tate.,:..the._ United, ;States , or any foreign government is exempted from the use tax. (Ord. 1896, 1/74; Ord. 1877, 10/73; Ord. 878, 11/61; Ord. 643, 3/56 . ) 3. 24. 300 Application of provisions relating to exclusions and exem tions . a Section 3.24 .240 of this chapter shall .become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ratio for I tate-assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time .Se'ction. 3. 24. 230 of this chapter shall become operative. (b) In the event that Section 3.24.240 of this chapter `L becomes operative and the State Board of Equalization subse-. quently . adopts an assessment ratio for the- state-assessed property which is higher than the ratio which is required for local assessments by Section 401: of the Revenue and- Taxation Code, Section 3. 24. 230 of this chapter shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 3.24 .240 of this chapter shall be inoperative until the first day of the month following the month in which the Board again. adopts an' assessment ratio fo.., state-assessed. property which is` identical . to the ratio required for local assessments by Section 401 . of the Revenue and Taxation Code, at which time Section 3. 24 .240 shall again become operative and Section 3. 24. 230 shall become inoperative . (Ord. 1896 , 1/74.. ) 3.24 . 310 Amendments. All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1. 5 of Division 2 of the . Revenue and Taxation Code shall automatically become a part of this chapter. (Ord.. 1896, 1/74. ) 3.. 24. 320 Enjoining collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit,- action or proceeding in any court against the state or this city, or against any. officer of the state or this city, to prevent or enjoin the collection under this 65 3.24 . 320 chapter, or Part 1.5 of Division 2 of the Revenue and Taxation Code , of any tax or any amount of tax required to -be collected. (Ord. 18969 1/74. ) Chapter 3.28 TRANSIENT OCCUPANCY TAX (RESERVED) 66 3. 32. 010--3. 32. 020 Chapter 3. 32 CIGARETTE TAX Sections : 3. 32. 010 Definitions. 3. 32. 020 Tax imposed.. 3. 32. 030 Tax paid to retailer. 3. 32. 040 Retailer remits quarterly. 3: 32. 050 _ Regis-tration. 3. 32. 060 Registration for each. place. of 'business . 3 . 32. 070 Penalties and interest. . 3. 32. 080 Failures to. report and collect tax--Determina- tion. 3. 32. 090 Appeal. 3. 32. 100 Refund. 3. 32. 110 Actions to collect. 3. 32..120 . Record. 3. 32. 130 Violations--Misdemeanor. 3. 32. 140 Application of provisions. 3 . 32. 010 Definitions . Except where the context other- wise requires, the following definitions shall govern the construction of . this chapter: (a) "Cigarette" means any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape and irre- spective _of whether the tobacco is flavored, adulterated or mixed with any other ingredient , where such roll has a wrapper or cover made of . paper or any other material, except where such wrapper is wholly or in any greater part made of tobacco and such roll weighs over three pounds per thousand. (b ) "Retailer" means any domestic or foreign corpora- tion, association, syndicate , joint venture, ,joint stock com- pany , partnership of any kind, club , Massachusetts business or common law trust , society or individual who sells cigarettes for any purpose other. than resale. Where cigarettes are of- fered for sale through the means _of a vending machine, the person holding title to .the _cigarettes in the machine shall be deemed the retailer. (c ) "Use or consumption" .includes the exercise of any right or power over cigarettes incident to the. ownership thereof other than the sale of the cigarettes or the keeping or retention thereof-.for the purpose of sale. (Ord. 1350, 9/67; Ord. 1247, 9/66Y. 3 32. 020 Tax imposed. An excise tax is imposed upon . the use or .consumption in the city of cigarettes purchased from a retailer for use or consumption within the city at the rate of one and one-half mill per cigarette. (Ord. 1350, 9/64; Ord. 1247., 9/66) . 67 W 3 . 32. 030--3. 32. 050 3 . 32. 030 Tax paid to retailer. The tax constitutes a debt owed by the purchaser .to the city which is extinguished only by payment of the tax to the director of finance or to the retailer. When a purchase from a retailer is made with in the city, the tax shall be paid to the retailer at the time the purchase price is paid. The tax collected or re- quired to be collected by the retailer constitutes a debt owed by the retailer to the city. Should any remittance of tax be made by a retailer prior to sale of cigarettes to a consumer, such remittance shall be considered as an advance payment to be reimbursed by adding the amount of the tax to the price of the -cigarettes at the time of sale 'to the user or consumer. (Ord. 1350, 9/67; Ord. 1247, 9/66) . 3. 32. 040 Retailer remits quarterly. Each retailer sell- ing cigarettes within the city shall collect the tax imposed under Section 3. 32. 020, and on or before the last day of the month following the close of a calendar quarter remit the total amount so collected to the director of finance together with a statement on a form provided by the director of finance showing the number of cigarettes sold' to purchasers, the amount of tax collected, and such other information as the director of finance shall require. Where the director of finance de- termines that efficiency in the administration of the tax would be promoted, he may establish reporting periods greater than quarterly, but not to exceed one year. The director of finance may establish shorter reporting periods for any retailer . if he deems it necessary in order to insure collection of the tax. Statements and payments are. .due immediately upon cessation of the business of selling cig- arettes for any reason. All taxes collected by retailers pursuant to this chapter shall be held in trust for the ac- count of the city until payment thereof is made to the director of finance: . (Ord. 1350, 9/67; Ord.. 1247, 9/66) . 3. 32. 050 Registration. Within thirty days after the operative date of this chapter, or within thirty. days after commencing business, whichever is later, each retailer shall register with the director of finance and . obtain from him a "cigarette tax registration certificate" to be at all times posted in a conspicuous place on the premises; provided, how- ever, each retailer who does not operate from a fixed place of business shall keep the registration certificate upon his person at all times while engaging in the business of being a retailer. No person shall engage in the business of being a retailer without obtaining a registration certificate therefor. Said certificate shall, among other things, state the following: (a) The name of the operator; (b ) The address of the retailer's place of..business; 68 i i 3. 32.060--3. 32. 070 ( ). The date upon which the certificate was issued; (_D) "This Cigarette Tax Registration Certificate sig- nifies that the person named on the Pace hereof has fulfilled the requirements of the Cigarette Tax Ordinance by collecting the Cigarette Tax from purchasers of cigarettes and remitting said tax to the Director of Finance. This certificate does not authorize any person to conduct any lawful business in an unlawful manner, nor to operate a cigarette retailing business without complying with all state and local applicable laws , including but not. limited to those requiring a permit from any board,. commission, department or office ..of this City. This certificate does not constitute a permit: " (Ord. 1350 (part) , 1967 : Ord. 1247 (part) , 1966) . 3. 32. 060 Registration for each place of business . A retailer having more than one place of business within the city at which cigarettes are sold shall be required to ob- tain a separate registration for each such place of business . (Ord. , 1350 . (part) , 1967 : . ., Ord. 1247 (part) , 1966) . .3. 32. 070. Penalties and interest. The following shall give rise to pence ties and interest : (A) Original Deliquency Period. Any retailer who . fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten .percent of the amount. of the tax in addition 'to the- amount of the tax. (B) Continued Delinquency. Any retailer who fails to remit any delinquent remittance within one month follo%ging the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to amount of the tax and the ten percent penalty first imposed. (C) Fraud. If the director of finance determines that the nonpayment of any remit*ance due under this chapter is due to fraud, a payment of twenty-five 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. (D) Interest. In addition to the penalties imposed, any retailer who fails to remit any tax imposed by this chap- ter shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the tax, ex- clusive 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. . (F) Penalties During Pendency of Hearing of Appeal. No penalty provided under the terms of this chapter shall be imposed during the pendency of any hearing which is provided 69 . 3. 32. 080--3. 32. 090 for in Section 3. 32. 090 nor during the pendency of any appeal to the city council which is provided for in Sec- tion 3. 32.090 of this chapter. (Ord. 1350 (part) , 1961 : Ord. 1247 (part) , 1966) . 3 . 32.080 Failures to report and collect tax--Deter- mination. If any retailer fails or refuses , within the time provided for in this chapter, to make any report and remittance of said tax or any portion thereof required by this chapter, the director of finance shall proceed to ob- tain facts and information on which to base his estimate of the tax due. As soon as the director of finance shall pro- cure such facts and information as he is able to obtain up- on which to base the assessment of any tax imposed by this chapter and payable by any retailer who has failed or re- fused to make such report and remittance , he shall proceed to determine and assess against such retailer the tax inter- est and penalties provided for. In case such determination is made , the director. of finance shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the distributor so assessed at his last known place of ad- dress . Such retailer may within ten days after the serving or mailing of such notice make application in writing to the director of finance for a hearing on such amount assessed. If application by the retailer for a hearing is . not made , within the time prescribed, the tax, interest and penalties , if any, determined by the director of finance shall become final and conslusive and immediately due and payable .• If such application is made, the director of finance shall give not less than five days ' written notice in the manner pre- scribed herein to the retailer to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax- interest and penalties . At such hearing, the retailer mzy appear and offer evidence why such. specified tax, interest and penalties should not be so fixed. After the hearing, the director of finance shall determine the proper tax to be remitted and shall thereafter give written notice to the retailer in the manner prescribed herein of such determination and the amount of such tax, in- terest and penalties . The amount determined to be due taken as payable after fifteen days unless an appeal is taken as provided in Section 3. 32.090 . (Ord. 1350 (part) , 1967 : Ord. 1247 (part), 1966) . 3. 32.090 Appeal. Any retailer aggrieved by a decision by the director of finance with respect to the amount of such tax, interest and penalties , if any, may appeal to the coun- cil by filing a notice of appeal with the city clerk within 70 3. 32. 100--3. 32. 120 fifteen days of the serving or mailing of the determination Y g g of tax due. The council shall fix a time and place for hearing such appeal and the city clerk shall give notice in writing to such retailer at. his last known place of address . The findings of the council shall be final and conclusive and shall be .served upon the appellant in the manner pre- scribed above in the service of notice of hearing. Any amount found to be due shall be immediately due and payable upon .the service of notice. (Ord. 1350, 9/67; Ord. 1247, 9/66) . 3-. 2. 100 Refund. . The following shall give rise to re- funds: (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 subsection (b ) , provided a claim in writing therefor, stating under penalty of perjury the specific ground upon which the claim is founded, is filed with the . director of finance within three years of the date of payment. The claim shall be on forms furnished by the director of finance. (b ) A retailer may claim a refund or take as credit against taxes due but - never remitted the .amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed - by the director of finance that the amount .claimed has been overpaid or paid more than once or has .been erroneously or illegally collected or received by the city,. (c ) No refund shall .be paid under the provisions of this section unless the claimant established by written records entitlement thereto. (Ord. 1350, 9/61; Ord. 1247, 9/66) . 3. 2.110 Actions to collect. Any tax required to be paid by. a retailer under the )rovisions of this chapter shall be deemed a debt owed to the city. Any person owing taxes 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 . (Ord. 1350, 9/67; Ord. 1247, 9/66) . 3. 2. 120 Records . It shall be the duty of every retailer liable for the collection and payment to the city of any tax imposed by ' this chapter to keep and preserve, for a period of four years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the director of finance shall have the right to inspect at all reasonable times . (Ord, 1350, 9/67; Ord. 1247, 9/66) . 71 3. 32. 130--3. 32.140 J 3. 32. 130 Violations--Misdemeanor. Any retailer who fails to furnish any required return to be made or who fails to furnish or refuses to furnish other data required by the director of finance, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and punishable as aforesaid. Any person required to make, render, sign or verify any report or claim who makes a false or fraudulent report or claim with intent to defeat or evade the determina- tion of any amount due required by this chapter to be made is guilty of a misdemeanor and is punishable as aforesaid. (Ord. 1350, 9/67; Ord. 1247, 1966) . 3. 32. 140 Application of provisions. In order to comply with the requirement of those provisions of Chapter 963 of the Statutes of 1967 which provide that state cigarette tax revenues may not be allocated to any city imposing a selective local tax on, or with respect to, the sale, distribution, use, consumption, or holding of cigarettes or any other tobacco produce, after October 1, 1967, the provisions of Chapter 3. 32 and all sections thereof of the Huntington Beach Municipal Code, relating to the imposition, collection and enforcement of a cigarette tax shall be suspended on and after October 1, 1967, and shall remain sus- pended and thereafter be of no force and effect so long as the Provisions of the Revenue and Taxation Code of the State of California, as modified by said Chapter 963 and pursuant to which the city is entitled to receive the allocation specified therein of the state cigarette tax revenues , . are effective; provided, however, that in the event said Revenue and Taxation Code shall be further amended so that the city is not entitled to receive the allocation of the state cigarette tax revenues specified in said Chapter 963, then the said provisions of Chapter 3. 32 and all sections thereof of the Huntington Beach Municipal Code shall upon the effective date of such amendment become operative and effective; and further provided that in. the event the provi- sions of said Revenue and Taxation Code, as added by said Chapter 963 and pursuant to which the city is entitled to receive the allocation specified therein of the state cigarette tax revenues, are for any reason declared invalid, then and in that event the said provisions of Chapter 3. 32 and all sections thereof of the Huntington Beach Municipal Code shall not be deemed to have been suspended but shall be deemed to have been in full force and effect continuously from and after October 1, 1967. Nothing in this chapter shall be construed as relieving any person of the obligation to pay the city of Huntington Beach any cigarette tax accrued and owing by reason of said provisions of Chapter 3. 32 and all sections thereof in force and effect prior to and including September 30, 1967. (Ord. 1350, 9/67) . 72 3. 36. 010 Chapter 3. 36 UTILITIES TAX 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 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--Effect. 3. 36. 190 Penalty--Imposed by administrator. 3. 36.200 Penalty--Combining nature. 3. 36. 210 Actions to collect. 3. 36. 220 Failure to. pay--Administrative remedy. 3.36.230 Assessment--Administrative remedy. 3. 36. 240 Assessment--Hearing. 3. 36. 250 Records.- 3. 36. 260 Refunds. 3. 36. 270 City exempt. 3 . 36. 010 Definitions. Except where the context other- wise requires, the definitions given in this section govern the construction of this chapter: 72-1 i 3. 36.020--3. 36. 040 (A) "City" means the city of Huntington Beach. r' (B) ' "Month" means a calendar month. (C) "Person" means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partner- ship of any kind, joint venture , club, Massachusetts business or common law trust, society, individual or municipal corpor- ation. (D) "Service supplier" means a person required to col- lect and remit a tax imposed by this chapter. (E) "Service user" means a person required to pay a tax imposed by this chapter. (F) "Tax .administrator" means the finance director o.f . the city- (G) "Telephone corporation, electrical corporation, gas corporation, water corporation, and cable television corpor- ation" shall have the same meanings as defined in Sections 234 , 218, 222, 241 and 215 .5 , 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 organ- ization, municipality or agency engaged in the selling or supplying. of electrical power or water to a service user. (Ord. 159.8 (part) , 1970) . 3. 36 .020 Telephone tax--Imposed. ' There is imposed a tax upon every person in the city, other than a telephone rr+ corporation, using .intrastate telephone . communication ser- vices in the city. The tax imposed by. this section shall be at the .rate ' of five percent of all charges made for such ser- vices and shall be paid by the person paying for such ser- vices . (Ord. 1598 (part) , 1970) 3 . 36.030 Telephone tax--Charges .. As used in this sec- tion, the term "charges" shall not include charges for ser- vices paid for by inserting corns 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-communica- tion services" include land-mobile services or maritime-mo- bile services as defined in Section 2 . 1 of Title 47 of the Code of Federal Regulations , as such section existed on Jan- uary 1, 1970 . (Ord. 1598 (part) , 1970) . 3. 36 .040 Telephone tax--Instrastate use. Notwith- standing the provisions of Section 3. 36 .020 , the tax imposed under this chapter shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed by Section 4251 of WOW Title 26 of the United States Code, as . such section .existed 73 3. 36 . 050--3. 36. 090 on January 1, 1970 , without regard .to Section 3. 36.020 . (Ord. 1598 (part) , 1970) . 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 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 . (Ord. 1598 (part) , 1970) . i 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 pur- pose of using it in the charging of batteries . The term shall not include electricity used in water pumping by water cor- porations ; 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. (Ord. 1598 (part) , 1970) . `1 , 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 percent of the charges made for .such gas . (Ord. 1598 (part) , 1970) . 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 cor- porations . (Ord. 1598 (part) , 1970) . 3. 36 . 090 Water tax--Imposed. There is imposed a tax upon every person using in the city water which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of five percent of the charges made for -.MOI 74 I 3. 36. 100--3. 36. 160 such water and shall be paid by the person paying for such 1 water. (Ord. 1598 (part) , 1970) 3. 36. 100 Water tax--Exclusions . There shall be ex- cluded from the base on which the tax imposed in this sec- tion 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 con- sumed by such department, utility or district in the conduct of the business of such department; utility or district. (Ord.., 1598 (part) , 1970) . 3. 36 . 110 Cable television tax. There is 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 of the charges made for such service and shall be paid by the person paying for such service. (Ord. 1598 (part) , 1970) . 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. (Ord. 1598 (part) , 1970) . 3. 36. 120 Collection of tax. Every person receiving payment of charges from a service user shall- col'lect the amount of tax imposed by this chapter from the srvice user. (Ord.. 1598 (part) , 1970) . 3. 36 . 140 Collection--When made. The tax shall be col- lected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice o` the service supplier. (Ord. 1598 (part) , 1970.) . 3 . 36.150 Collection--Commencement. The duty to col- lect tax from a service user shall commence with the begin- ning 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 col- lect shall arise. separately for each billing period. (Ord. 1598 (part), , 1970) . 3. 36 .160 Reporting and remitting. Each service sup- plier shall, on or before the twentieth of each month, make a return to the tax administrator, on forms provided by him, stating the amount of taxes bi.11ed .by the service supplier during the preceding month. At the time the -return is filed, 75 3 . 36. 170--3. 36. 220 the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator is -authorized to require such further information as he deems necessary to determine properly if the tax here imposed is being levied and collected in accordance with this chapter. Returns and remittances are due immediately upon cessation of busi- ness for any reason. (Ord. 1598 (part) , 1970) . 3. 36. 170 Delinquent when. Taxes collected from a ser- vice user which are not remitted to the tax administrator on or before the due dates provided in this chapter are delin- quent. (Ord. 1598 (part) , 1970) . 3. 36. 180 Penalty--Effect. Penalties for delinquency in remittance of any tax collected or any deficiency determina- tion, shall attach and be paid by the person required to collect and remit at the rate of fifteen .percent of the total tax collected or imposed herein. (Ord. 1598 (part) , 1970) . 3. 36 .190 Penalty--Imposed by administrator. The tax administrator shall have power to impose additional pen- alties upon persons required to collect and remit taxes un- der the provisions of this chapter for fraud or negligence in reporting or remitting at the rate of fifteen percent of the amount of the tax collected or as recomputed by the tax administrator. (Ord. 1598 (part) , 1970) . 3 . 36. 200 Penalty--Combining nature. Every penalty im- posed under the provisions of this chapter shall become a part of. the tax required. to be remitted. (Ord. 1598 (part) , 1970).. 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 remitted to the tax administrator shall be deemed a debt owed to the city by the person required to collect and remit. 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. (Ord. 1598 (part) , 1970) . 3. 36.220 Failure to pay--Administrative remedy. When- ever 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 76 I 3. 36. 230--3. 36.240 of two or more billing periods, or whenever the tax adminis- trator 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 ad- . dress . If a service user fails to remit the tax to the tax administrator within fifteen days from the date of the ser- vice of the notice upon him, which .shall be the date of mail- ing if service is not accomplished in person, a penalty of twenty-five 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. (Ord. 1598 (part) , 1970) . 3. 36.230 Assessment--Administrative remedy. The tax administrator may make an assessment for taxes not paid 'or remitted by a person required to pay or remit. . A notice of the assessment which shall refer briefly to the amount of the taxes and penalties imposed and the time and place when such assessment . shall be submitted to the city council for con- firmation .or modification. The tax administrator shall mail a copy of such notice to the person -selling the. service and. to the service user at least ten .days prior to the date of the hearing and shall post. such notice for .at least five continuous days prior to the date of .the_ hearing on the chamber door of the city council. Any interested party having any objections may -.ppear and be heard at the hearing provided his objection is Filed in writing with the tax ad- ministrator prior to the time set for the hearing. (Ord. .1598 . (part) , 19 70) . 3. 36. 240 Assessment--Hearing. At the time fixed for considering the assessment, • .the city council shall hear the same together with any objection filed as aforesaid and there- upon may confirm or modify the assessment by motion. (Ord. 15.98 (part) , 1970) . 77 3. 36. 250--3. 36. 270 3 . 36 .250 Records. It shall be the duty of every person required to collect and remit to the city any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the tax administrator, which records the tax administrator shall have the right to inspect at all reasonable times . (Ord. 1598 (part) , 1970) . 3_. 36. 260 Refunds. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the tax administrator under this chapter, it may be refunded as provided in this section. (A) A person required to collect and remit taxes im- posed under this chapter, may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the service user from whom the tax has been collected did not owe the tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credited to charges . subsequently pay- able by the service user to the person required to collect and remit. (B) No refund shall be paid under the provisions of this section unless .the claimant establishes his. right there- to by written records showing entitlement thereto. (Ord. j 1598 (part). , 1970) . 3. 36 .270 City exempt. The taxes imposed by this chap- ter s a�11 not apply to the .city. (Ord. 1598 (part),, 1970) . 78 Title 4 (RESERVED) NOW i i I I i 79 i 5. 04 . 010 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 . 555. 2T Bathhouses--Massage Parlors 5. 27 Dance Halls 5. 32 Oil Production 5. 36 Pawnbrokers, Junk Dealers and Secondhand Dealers 0 Private Patrol Service 5.44 Restaurants--Amusement and Entertainment Premises 5. 7 Taxicabs--Vehicles For Hire 5. 52 Motion Picture Theaters Chapter 5. 04 GENERAL PROVISIONS Sections 5. 04. 010. Definitions. 5. 04 . 020 Purpose.. 5. 04: 030 Effect on- otLer ordinances . 5. 04. 040 Effect on past actions and obligations. 5. 04. 050 Prohibited .occupations. 5. 04. 060 Permit from council required for certain businesses. 5. 04. 070 Permit--Petition. 5. 04. 080 Investigation fees.. 5. 04. 090 License not a permit. 5. 04 . 010 Definitions. a Apartment house," as used in this chapter, includes any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other, in which building or portion thereof, kitchen or cooking facilities are incorporated, whether or not the occupants do their cooking in said building, and shall include flats and apartments. a, 5 . o4 . olo (b ) "Average number of employees," as used in this chapter, fir' includes the total number of employees in the managing, operation; transacting and carrying on of any business in the city . The average number of employees for any business having a fixed location in the city means the average number of persons employed daily for the twelve month period ending on the December 31st next preceding the date of license application, and shall be determined by ascertaining the total number of hours of service performed by all employees during such year, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom or laws governing such employments, and by again dividing the sum thus obtained by the number of business days in such year. Provided further, that the average number of employees for any business not having a fixed location in the city means the number of persons employed daily for the period during which the applicant for a license conducts such business, and shall be determined by ascertaining the total number of hours of service performed by all employees during the three days , or less, on which the greatest number of persons is employed, and dividing the total number of hours of service thus ob- tained by the -number of hours of service constituting a day ' s work, according to the custom or laws governing such employ- ments, and again dividing the sum thus obtained by the number of business days upon which the total hours of service is based. (c ) "Bulk-vending machine," as used in this chapter, r.r' means a nonelectrically-operated vending machine, containing unsorted confections, nuts or merchandise which, upon insertion of A coin or coins, dispenses same in equal portions, at ran- dom and without selection by the customer, excluding ."vending machines . " (d) "Business ," as used in this chapter, includes pro- fessions, .trades, and occupations and all and every kind of calling whether or not carr.' ad on for profit . (e) ".General building contractor," as used in this chapter, means a contractor whose principal contracting business is in connection with any structure built, being built or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property .of any kind, requiring. in its con- struction the use of more than two unrelated building trades or. crafts or to do or superintend the whole. or any part there- of. (f) "General engineering contractor," as used in this chapter, means a contractor whose principal contracting busi- ness is in connection with fixed works requiring specialized engineering knowledge and skill, including the following di- visions or subjects : Irrigation, drainage, water power, water supply, flood control, inland waterways , harbors, docks 82 5. 04.'010. and wharves , shipyards and ports, levees, river control and reclamation works , railroads, highways , streets and roads, tunnels , sewers and sewage disposal plants and systems, pipe- lines 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 earth- moving projects, excavating, grading, trenching, paving .and surfacing work and cement and concrete works in connection . with the above-mentioned fixed works . (g) 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. (h) "Hotel, motel or rooming house," :as used in this chapter, including 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 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 room- ing accommodations are furnished to the whole or any part of the public whether with or without meals. (i) "Individual," as used in. this chapter, means every person, owner and/or employee actively engaged in any business in the city of Huntington Beach. (J.) "Peddler," as. used in this chapter, means and in- . cludes 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 art-cles, 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. (k) "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. (1 ) ."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 busi- ness of going from house to house and place to place or at or 83 5 . 04 . 010--5. 04 . 030 along the strects. 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 inclu- sive, 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 main- taining a fixed place of business in this city who are licensed as prescribed by this title. . I (m) "Specialty contractor," as used in this chapter, also means a subcontractor and is a contractor whose opera- tions 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 clas- sified 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 clas- sification assigned to contractors by the state of California J 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. (n) "Vending machine," as used , in this chapter, means any weighing, amusement, service, merchandise, food or drink- dispensing machine, or devise 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 . " (Ord. 1935, 6 Nov 74; Ord. 1924, 7/74; Ord. 1461, 1/69; Ord. 904, 5/62; Ord. 838, 5/61; Ord. 766, 4/60 ) . 5. 04. 020 Purpose. The ordinance codified herein is en- acted solely to raise revenue for municipal purposes, and is not intended for regulation. (Ord. 766, 4/60) . 5. 04 . 030 . Effect on other ordinances . Persons required to pay. a license tax for transacting and carrying on any busi- ness 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. (Ord. 766, 4/60) . .1' 84 5. 04. 04.0--5.04. 070 5.04.040 Effect on. past actions and . obli ations. 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 viola- tion, 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 apper- taining shall continue .in full force and effect. (Ord. 766 (part) , 1960) . 5. 04 . 050 Prohibited occupations. Nothing in this title shall be construed .to permit the conduct or any trade busi- ness or occupations , which is prohibited by an applicable fed- eral, state .or municipal ordinance or regulation, or which has been declared illegal or to constitute a nuisance by any governmental or municipal authority. (Ord.. 852 , . 1961) . 5 . 04.060 Permit from council required for certain busi- nesses-. No license shall a issued for the conduct of any business which, in the opinion of thy city clerk, or his dep- uties , would be detrimental to the public health, safety, wel- fare or moral standards of the city, until a permit shall have first been obtained from the city . council. (Ord. 838 (part) , `err. 1961) . 5.04 .010 Permit--Petition. Whenever any person, per- sons ,. 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. coun- cil, 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 con- ducted, 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 the petition, the council may grant the permit in whole or in part, may grant condi- tional. 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. (Ord. 838 (part) , 1961) . `fir✓ 85 5. 04. 080--5. 04. 090 5.04. 080 Investigation fees. Investigation fees may be levied against business applicants, firms, persons or subse- quent employees , when so designated by the city administra- tor 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 investiga- tion. Fees are not refundable. ' (Ord. 1171, 1965) . 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. (Ord. 838 (part) , 1961) . Chapter 5.08 LICENSING PROCEDURES Sections : 5. 08. 010 License--Required. 5.08.020 Conflict with other provisions--License exemp- tion. , 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 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 Bond--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 em i ployees . " 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. , 86 5. 08.010--5.08. 050 5 .08. 010 . License--Required.. There are imposed upon the businesses , trades , professions , .callings and occupations spec- ified 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 oc- cupation 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.. (Ord. 766 (part) , 1960 : Ord. 327 (part) , .1929) . 5.08. 020 Conflict with other provisions--License exemp- tion. This section shall not be construed_ to require any person to obtain a license prior to doing business within the city, if such requirment conflicts with applicable sta- tutes of the United States or the state of California. . (Ord. 766 (part) , 1960 : Ord. 327 (part) , 1929) . . 5 . 08.030 Conflict with other provisions--Tax payment. Persons not required to obtain a license prior_ to doing busi- ness .within the city .because ofconflict 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. (Ord. .766 (part) , 1960 : Ord. 327 (part) , 1929) . 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 ap- plicant intends to conduct his or her business from a fixed place of business in this city, the entire minimum fee shall be due and .payable following final approval of application for license, but prior to issue of license applied for. Those who make application for license under this .classifi- cation 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 .ade. If such business , however, is commenced after the beginning. of the licensing period cov- ered by such license , then the licensee upon filing his state- ment of. average number of employees at the end of .the lic- ensing period, shall pay a license fee in accordance. with . schedule of average number of employees and may credit the minmum license fee paid on original application toward the fee required in classification schedule for "average number of .employees. " (Ord. 1605 (part) , 1970 : Ord. 904 (part) , 1962 :. (jrd. 766 (part) , 1960) . 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. (Ord. 1605 (part) , 1970 : Ord. 904 (part) ,, 1962 : Ord. 766 . (part) , 1960) . . . .87 1 5 . 08 . 060--6. 08. 100 .. 5,.Qf3.0Ei0. Additional sums. due be fore renewal. The statement required under Section 5.08:210 shall' be submitted on all business licenses based upon average number of employ- ees on or before thirty 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 state- .. ment and return for the previous year has been paid in full. (Ord. 1605 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. .766 (part) , 1960) : 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, than the statement required by Section 5.08.210 shall be submitted on or before thirty days following the ceasing of business . Any additional sums .pay- able by reason of such statement shall accompany such state- ment. In no event shall any portion of the minimum fee .be. refundable in the event a business shall cease operation. (Ord. 1605 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . f 5 . 08.080 Fee payment--Due when. The minimum license fee payable un er the average number of employees classifica- tion shall be due and payable in the case of an original ,li- cense before the license is issued, and in the case of a re- newal license, shall accompany the statement required by".Sec- r tion 5 .08. 210 for the prior year and application for renewal. (Ord. 1605 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 76.6 (part) , 1960) . -� 4 5 . 08.090 Nontransferable--A-ended for changed location. 4 No license issued pursuant to thi..; title shall be transfer- able ; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such license may upon application therefor and paying ; a fee of three dollars and seventy-five cents have the li- cense amended to authorize the transacting and carrying on of such business under said license at some other location to r. which the business is or is to be moved. . (Ord. 1605_ (part) , 1970 : Ord. 838 (part) , 1961: Ord. 766 (part) , 1960) . . 5 .08. 100 Delinquent payment--Penalty. For failure to pay a license tax when due, the city clerk shall add .pen-. alty of ten .percent 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 one hundred percent of the amount of the license tax due. (Ord. 766 (part) , 1960) 88 5.08. 110- 5 . 08. 140 5 .08. 110 Delinquent payment--Bars further license . No license shall knowlingly be issued to any person who, at the time of making application for any license , is indebted .to the city for any prior unpaid license fee.. (Ord. 838 (part) , 1961 : Ord. 372 (part) , 1934) . 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 per- sonal 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. (Ord. 766 (part) , 1960 : Ord. 327 (part), 1929) . 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 li- . censee 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 re- main in full force and effect, and this bond shall .insure to the benefit of the City of Huntington Beach and to. any person or persons and to all employees. of said licensee; and the said City and any of . said above mentioned persons may main- tain an .action on .this bond. directly in. its , his , her or their name or names , -And this bond may be recovered against more than one and until the full penalty thereof shall be exhausted. " (Ord. 766 (part) , 1960 : Ord. 327 (part) , 1929) . 5 .08. 140 Separate li .ense--Branch establishments . A separate license must be ontained for each branch establish- ment 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 loca- tion 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 busi- ness or branch establishments . (Ord. 766. (part) , 1960) . 89 5. 08. 150--5. 08. 180 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 therefor under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for the busi- ness by this title shall not be payable until the expiration of the term of such unexpired license. (Ord. 766 (part) , 1960) . 5 . 08. 160 Replacement--Fees. A duplicate license, li- cense decal or license plate may be issued by the city clerk to replace any license , license decal or license plate pre- viously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement, paying the city clerk a fee of one dollar and fifty cents. (Ord. 1605 (part) , 1970 : Ord. 838 (part) , 1961 : Ord. 766 (part) , 1960) . 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 carried on and have in or upon the licensee ' s business vehicles the license decals or license plates issued for such vehicles . (B) Any licensee transacting and carrying on business but not operating at a fixed place of business in the city NOW shall keep the license upon his person at all time while transacting and carrying on such business and- have in or upon each of the licensee ' s .business vehicles , at the time of op- eration in this city , the license decal or license plate issued for such vehicles . (Ord. 838 (part) , 1961: Ord. 766 (part) , 1960) . 5.08. 180 Application-=Corrents . 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; 90 5 .08. 190--5.08. 220 .(D) In the event that application is made for the is- suance of a license to a person doing business under a fic- titious name, the application shall set forth the names and place of residence of those owning the business , profession, show, exhibition, game, occupation or enterprise. (Ord. 766 (part) , 1960) . 5 . 08. 190 License--Contents. All licenses , unless otherwise provided in this code, $hall be prepared and is- sued by the city clerk upon payment to the city collector the sum required to be paid hereunder. Each license so is- sued. shall state upon the face thereof the following: (A) The persons- to whom the same is issued. (B) The kind of business , profession, shows , exhibi- tion, game, occupation, or enterprise licensed, and the to-- cation of the same. (C) The amount paid therefor. (D) The date of expiration of . such license . (Ord. 766 (part) , 1960) . 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. (Ord. 766 (part), , 1960) . 5 .08. 210 Affidavit--Statement of "Average number of em- ployees_. 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 state- ment upon a form to be provided by the city clerk, written under penalty of perjury, cr sworn to before a person autho- rized to administer oaths , setting forth such information con- cerning 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 pur- suant to the provisions of this title. (Ord. 766 (part) , 1960) 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 err/ 91 5. 08. 230--5. 08 . 240 to firmly establish the average number of employees for the :r„r preceding year, of any licensee or applicant for license, as may be necessary in their judgment to verify or ascer- tain the amount of license fee due. (B) All licensees , applicants for license, and per- sons 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 mis- demeanor and such officer or employee shall be subject .to the penalty provisions of this title in addition to any other penalties provided by law. (Ord. 766 (part) , 1960) . 5.08.230 Failure to file statement. (A) If any person fails to file any required statement within the time pre- scribed, 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 it 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 days after the mailing or ser- vice of such notice make application in writing to the city clerk for a hearing on the amount of the license tax. If such application is made, the city clerk shall cause the matter to be set for .-hearing within fifteen days before the •ity council. The- city clerk shall give at least ten days ' '-.ice to such person of the time and place of hearing in she manner prescribed above for serving notices of Assess- ment. The city council shall consider all evidence produced, and shall make findings thereon, which shall be final. No- tice of such findings shall be served upon the applicant in the manner prescribed above for service of notices . of assess- ments . (Ord. 766 (part) , 1960) . 5.08.240 Appeal. Any person aggrieved by any decision I 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 deposit- ing 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 92 i 5.0.8..250==5.08.. 260 determine all questions raised on such. appeal. No such deter- mina.tion shall conflict with any -substantive provisions of this title. (Ord. 766 (part) , 1960) . 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 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. (Ord_. 766 (part`)`; 1960) . 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 chapter shall be deposited, with the city treasurer and to the general fund of this city upon the business day next following the receipt of the same. . (B) - On or before the.- first day .of each and every month the city collector shall deliver unto 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, adequate and accu- rate records .pertaining to the issuance . of.. licenses under this chapter. (Ord. 766 _ (part) , 196.0) . . Chapter 5. 10 ENFORCEMENT OF TITLE Sections : 5. 10. 010 Administrative and enforcement officer desig- nated.. 5. 10 . 020 Examination of business place. 5. 10.030 Officers ' right of entry. 5. 10 .040 _ License--Revocation--Suspension. ; . 5. 10.050' License--Revocation--Procedure initiation'.- 5.10.060 Hearing--Notice-. 5 ..10.070 Hearing--Licensee right. - 5. 10.080 License--Tax .a debt. 5. 10 .090 Remedies cumulative. 5. 10.100 Zoning and other regulations . 93 5 . 10. 010--5. 10. 050 5. 10. 010 Administrative and enforcement officer desig- nated. The director of finance is charged with the . adminis- tration and enforcement of each and every provision contained in this . title , and wherever in this title the term "city. clerk" appears ; it means the director of finance, except that any appeal shall be taken pursuant to provisions set out in Section 5 .08. 240. The license supervisor and chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the direc- tor of finance or the city council. (Ord. 1842 (part), 1973: Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5. 10 . 020. Examination of business place. The license supervisor, in the exercise of the duties imposed upon him hereunder, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this title have been complied with. (Ord. 1842 (part) , 1973 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5. 10. 030 Officers ' right of entry. The director of finance, the license supervisor and his inspectors , and any police officer shall have the power and authority to enter, free of charge at any reasonable time, any place of business required to be licensed herein, and demand exhi- bition of its license certificate. Any person having such license certificate theretofore issued, in his possession or under his control, who willfully fails to exhibit same on • demand, shall be guilty of a misdemeanor and subject to the penalties provided by this title. It shall be the duty of the director of finance, or his representatives , to cause a complaint to be • filed against any and all persons found in violation of any of the provisions set forth herein. (Ord. 1842 (part) , 1973 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5. 10 . 040 License--Revocation--Suspension. Any licensee who shall permit the violation of city ordinance or state laws or of the laws of the United States of America within his licensed establishment shall- be subject to having his license suspended or permanently revoked by the council_. (Ord. 904 (part) , 1962 : Ord. 838 (part) , 1961 : Ord: 37`2 (part) , 1934 : . Ord. 327 (part) , 1929) . 5. 10.050 License--Revocation--Procedure initiation. Any license issued hereunder may be revoked by the council upon its own motion or upon the verified complaint of any citizen or resident of this city upon proof being made to the satisfaction of the city council that the licensee is conducting the business licensed in such a manner as to be detrimental to the public health, morals or safety of the general public. (Ord. 904 (part) , 1962 : Ord.. 838 (part)_ , 1961 : Ord. 372 (part) , 1934 : Ord. 327 .(part) , 1929) : 94 P P 5. 10. 060--5.'10`. 100 s 5. 10. 060 Hearing--Notice. No such license shall be revoked except upon a hearing by the council, of which hear- ing the licensee shall have had not less than ten days ' notice. Such notice, written, and served upon the licensee either personally or by certified mail, with return receipt re- quested, (and when by certified mail, deposited in the United States Post Office_ at this city not less than ten days before the date of the hearing, addressed to the li- censee at the place for which the license was issued, with postage paid thereon) shall be sufficient notice (Ord. 904 (part) , 1962 Ord. . 838 (part) 1961: Ord. 372 (part) , 1934: ' Ord.. . 327 (part) 1929) . 5 . 10 . 070 Hearing--License rights . At such hearing, the licensee shall be entitled to be represented• by'. counsel, and shall. be given full opportunity to show cause why his license shall not be revoked. (Ord. . 904 (part) , 1962 : Ord. 838 (part) , 1961 : . Ord. 372 (part) , 1934 : Ord. 327 (part) , 1929) . 5 . 10 .080 License--Tax a debt. The amount of any li- cense tax and penalty imposed by' the provisions of this title . shall. be. deemed a debt to the city. - An action. may be.. com- menced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license. tax J and penalties . (Ord. 904 . (part) , 1962 : :Ord. 766 1960) . 5 . 10.090 Remedies cumulative. All remedies `prescribed hereunder shall be cumulative and the use of one or more rem- edies by the city shall riot bar the use of any other 'remedy for the purpose .of enforcing the provisions hereof:. .(Ord. 904 (part) , 1962 : Ord. 766 . (part) ., 19.60) . 5. 10 . 100 Zoning. and other regulations . No license shall be. issued to any person failing. to present any land use permit required by the zoning provisions of this code, or who has failed to. comply with the provisions of any other provision of this code having to :dd 'with regulation of any trade, business .or" occupation. -- (Ord. 766 (part).; 1960) . 95 5. 12 . 010--5. 12. 020 Chapter 5. 12 EXEMPTIONS TO PROVISIONS Sections : 5. 12. 010 Exemptions--Generally. 5 . 12. 020 Interstate commerce. 5 . 12.030 Charitable and nonprofit organizations. 5. 12. 040 Disabled veterans--Exempted when. 5 . 12.050 Disabled veterans--Certificates and" photo graphs furnishing. . 5. 12.060 Disabled veterans--License issuance conditions. 5. 12. 010 Exemptions--Generally. Nothing in this title shall be deemed or construed to apply to any person transact- ing and carrying on any business exempt by virtue of the con- stitution or applicable statutes of the United States or of the state of California from the payment of such taxes as are herein prescribed. (Ord. 766 (part), 1960) . 5 . 12. 020 Interstate commerce. (A) None of the " li- cense 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 clerk for an adjustment of the tax so that it shall not be discriminatory or un- reasonable as to such commerce. Such application may be made before, at or within six months after payment of the . prescribed license tax. The applicant shall, by: affidavit and supporting testimony, show his method of business and the average number of employees or estimated average number of employees and such other inf ,rmation as the city clerk may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The city clerk shall then conduct an investigation, and after having first ob- tained the written approval <of the city attorney, subject to the approvel of the city council, shall fix as the license tax for the applicant, an amount that is reasonable and non- discriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the li cense tax so fixed. In fixing the license tax to be charged, the city clerk shall have the power to base the license tax upon the average number of employees or any other measure which will assure that the license tax assessed shall be uniform with that assessed on business of . like nature, so long as the amount assessed does not exceed the license tax as prescribed by this title. Should the city clerk deter- mine the average number of employees measure of license tax to be the proper basis, he may require the applicant to sub- mit, either at the time of termination of applicant's business 96 5. 12. 030 in the city or at the end of each three 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 calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this title. (B) Any person claiming an exemption pursuant to this. chapter shall file a verified statement with the city clerk stating the facts upon which exemption is claimed. (C) The city clerk shall, upon a proper showing con- tained in the verified statement, subject to approval of the city .council, issue a license to such person claiming exemp- tion under this section without payment to the city of the license tax required by this title. (D) The city clerk, after giving notice and a reason- able opportunity for hearing to a license , as provided .for in Sections 5.08. 240 and 5.08. 250, may revoke any license granted pursuant to the provisions of this section upon infor- mation that the licensee is not entitled to the exemption as .. provided herein. . (Ord. 76.6 (part) , 1960)'. 5. 12. 030 Charitable and nonprofit organizations .(A) As used in this title, "charitable" and "nonprofit organizations:' shall include only religious , charitable, fra- ternal, educational, military, state, county or municipal or- ganizations or associations. The provisions of this chapter .r►' shall not be deemed or construed to require the payment of a license .tax to conduct, manage or carry on any business , oc- cupation or activity from any institution or organization which is conducted, managed or carried on wholly. for the be.ri- efit of charitable purposes or from which profit is 'not de- rived, either directly- or indirectly, by any individual, nor shall any license tax be required for the conducting of any entertainment, concert, exhibition or lecture on' scientific, historical , literary, religious or moral subjects within the city whenever the receipts of any such entertainment, con- cert, 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, . mili- tary, state, county, or municipal organizations or associa- tions , or lecture are .to be appropriated for the purpose and objects . for which such organization or association was formed and from which profit is not derived, either directly or in- directly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organiza- tion or association from complying with any of the provisions of this code requiring a permit from the city council or any commission or officer to conduct, manage or carry on any pro- fession, trade , calling or occupation. 97 i 4 5. 12. 040--5. 12. 060 (B) The waiver of any fees under this section shall be accomplished by the city administrator or his authorized representative affixing his written approval to the license application upon proof to his satisfaction that the condi- tions of this section have been satisfied. (Ord. 1224-, 1966 : Ord. 766 (part) , 1960) . 5 . 12. 040 Disabled veterans--Exempted when. Every hon- orably discharged soldier, sailor or marine of the United ; States , who is physically unable to obtain his livelihood by means of manual labor and who is a qualified voter of the state of California, shall have -the right to hawk* _ped- dle and vend any goods , wares or merchandise owned by him, except spirituous , malt, vinous or other intoxicating bev- erages , without the payment of license fee, subject, how- ever, to the restrictions , limitations, regulations and conditions hereinafter set forth. (Ord. 766 (part) , .1960•: Ord. 327 (part) , 1929) . 5. 12.050 Disabled veterans--Certificates andphoto- graphs furnishing. Every applicant must comply with the following requirements before a license may be issued un- der the provisions of this chapter: (A) 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 represen- tatives of the local posts of the American Legion and/or the Veterans of Foreign Wars . . (B) Every applicant must furnish two indentification photographs, one to be attached to the license issued to ;aid applicant, and the other to be attached to the copy re Lained .by the city clerk. The ?plicant must also sign both copies of the license at the time of the issuance thereof. (Ord. 766 (part) , 1960 : Ord. 327 (part) , 1929) . 5. 12. 060 Disabled veterans--License issuance conditions. A license when issued is subject to the following conditions : (A) It is nontransferable and for the exclusive use of the licensee named; (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 there- after; (C) Should a license be found in the possession of one other than the licensee named, it shall be surrendered up to the city clerk and cancelled, and. neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section; 98 5. 12.060 t (d) The licensee named must identify himself by his + signature whenever required to do so by the police officer or city clerk -or his authorized deputies; (e ) Whenever the licensee uses any wagon, cart, tray, basket or other vehicle or receptacle in vending any such € goods, wares or merchandise, the license shall be carried in a license holder attached to the Vehicle -'or receptacle in plain view; (f) Every license issued under the provisions of this section shall expire thirty days from and after the date of issuance and new license may thereafter be ' issued. pursuant to the. provisions of this section; (.g) It is unlawful for any person, other than :the. li- ' censee named, to use or have in his possession any- license issued pursuant to the provisions -of this section; : - (h) It is unlawful for any person to purchase or transfer any license issued pursuant to the provisions of this section, or for any person to transfer or convey the certificates mentioned in Section 5.12. 050 (a) above to any other person for the purpose of .securing a . license as . herein .provided- for. (Ord. 766, 4/60; Ord. 327;' 6/29) . ' . 3 Chapter 5.16 , RATES 9 0 Sections: r s 5016. 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 pay ,lent code letters. [ 5. 16. 060. Advertising. 5. 16. 070 Amusements. ` 5 ' 16. 080 Auctioneer. 5: 16.090 Bankrupt sale. 5. 16.100 Bath. 5.16.110 Circus. 5. 16. 120 Contractors. 5. 16. 130 Dancing .teacher. 5. 16.140 House moving. 5. 16.150 . House moving bond. 5. 16.160. Junk collector. 5. 16. 170 Junk dealer and auto.wrecking. € 5.16. 180 Music or fine arts teacher. [ 5.16. 190 Office building. 5. 16. 200 Oil business--Nonproductiori. 99 5. 16. 010--5.16. 020 Sections: (Continued) 5. 16. 210 Outdoor theaters. 5. 16. 220 Pawnbroker. 5. 16.230 Peddler. 5. 16. 240 Public dance .hall, public dance and dinner dancing place. 5.16.250 Public utilities. 5.16. 260 Rooming house, apartment house, motel, bungalow or auto court. 5. 16.270 Skating rink. 5.16.280 Small stands and business--Temporary and permanent. 5. 16.290 Solicitor or canvasser. 5. 16. 300 Soliciting on streets for hotels or dining rooms. 5: 16. 310 Stockyard auction. 5. 16. 320 Trailer parks. 5. 16. 330 Transportation, trucking and hauling--Estab- lished place of business. 5. 16. 340 Transportation, trucking or hauling--No busi- ness location. 5. 16. 350 Transportation, trucking or hauling--Exceptions from fee. .5. 16. 360 Transportation., trucking or hauling--Dump and tank trucks. 5. 16. 370 Truck rental or leasing. 5. 16. 380 Passenger vehicle rental or leasing. 5. 16. 390 Trailer rentals . 5. 16. 400 Transportation--Water. 5. 16. 410 Vending and bulk-vending machines . 5. 16. 420 Water companies . 5. 16. 430 Subdivision of land. _ 5. 16. 010 Rates per eml.)loyees. _ The following rates shall apply to business licenses : First two individuals . . $37. 50 All additional individuals 10. 00 each The total fee shall not exceed a maximum of $20,017. 50. (Ord. 1924, 7/7.+; Ord. 1605, 9/70; Ord. 904, 5/62; Ord. 766, 4/60 ) . 5. 16. 020 Rates per employees--Minimum license.. The minimum license fee in each classification shall be $37.50 per year. In any case where a licensee or an applicant for a license believes that his business is not assigned. to a proper class- ification under this chapter because of circumstances peculiar to it, he may apply to the finance director for reclassification. Such application shall contain such information as the finance director may deem necessary and require in order to determine whet 100 5. 16. 030--5. 16. o4o the applicant 's business is properly classified. The finance director shall then conduct an investigation, following which tie shall assign the applicant' s individual business to the classification shown to 'be proper on the basis of such investi- gation. (Ord. 1924, 7/74; Ord. 1605, 9/70; Ord. 904, 5/62; Ord. 766, 4/60) . 5.16. 030 Application for reclassification--Action. The finance director shall notify the applicant of the action taken on the application for reclassification... Such notice shall be given. by serving it personally or by depositing it in the United States Post Office at Huntington Beach, California, postage prepaid, addressed to the applicant at his last known address. Such applicant may, within fifteen days. after . the mailing or serving. of such notice, make written request to the city clerk for a hearing on his application for- reclassi- fication. If such request is made wi-thin the time prescribed, the city clerk shall cause the matter to be set for hearing before the city council within fifteen days. The .city clerk shall give the applicant at least ten days' notice, of. the time and place of the hearing in the manner prescribed above for serving notice of the action taken 'in the. application for reclassification. The city council shall consider all evidence and its findings thereon shall be final. Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. (Ord. 1924s 7/74; Ord. 1605 9/70; Ord. 904, 5/62; Ord. 766, 4/60) . 5. 16. 040 License classifications designated. gvery, person described in the following classifications who engages in business within the city shall pay a license tax based .upon the average number of employees at. the rates hereinafter set forth: (a) Classification A. Abstractor of titles Bail bond broker Accountant Barber shop Accounting service Beauty shop Advertising agent Business management Agricultural advisor or consultant counselor Certified public accoun- Appraiser tant Aquarian chirothessian Chemical engineer Architect Chemist Assayer Child nurseries (4 Attorney-at-law children or more) Auctioneer Chiropodist Auditor Chiropractor 1%W Bacteriologist Civil engineer 101 5. 16. 040 Claim adjuster Mechanical engineer Construction engineer Mortician Consulting engineer Naturopath Dancing academy Oculist Dealers in stocks, bonds and Optician other securities Optometrist Dental laboratory Oral surgeon Dentist Orchard care Designer Osteopath physician Detective Physician Detective ,agency Physician and surgeon Draftsman Private home for the Drugless practitioner aged (4 persons or more) Electrical engineer Real estate broker Electrologist Real estate office Employment agency or bureau Sanitation engineer Fine arts or music school Stocks and bonds broker Geologist Surgeon Herbalist Surveyor. . Industrial relations. consultant . ...Taxidermist Insurance adjuster : Trade or. business school Interior decorator . Tree removing Investment counselor Tree surgery Labor relations consultant Tree trimming Landscape architect Veterinarian Lapidary and any other business of a professional nature where the prin- cipal business activity is the furnishing of services and where such business is not specifically listed in some other classifi- cation or section of this chapter will be classified in the above category.. (b ) Classification S. Any person who is licensed as a contractor or who is defined as a contractor in .subsec- tions (F) , .(G)., or (H) of traction 5. 04.-010; provided, that licenses for contractors not maintaining a fixed place of business in the city may, at the option of applicant for such license, be based upon the flat rate fees prescribed in Section 5. 16. 050. (c). Classification C. Any person conducting, managing, or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares , merchandise, or produce, comes under this classi- fication. (d) Classification D. Any person conducting, managing or carrying on the business consisting mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sec- tions of this chapter comes under this classification. (Ord. 1605 , 9/70;_ Ord. . 904, 5/62; Ord.. 838, 5/61; Ord. 766, 4/60; Ord. 327, 6/29) . .. v 102 5 . 16. 050--5. 16.. 070 5. 16. 050 Flat rate Eayment code letters. Every per- son transacting and carrying on the usiness herein enumer- ated shall pay a license tax as hereinafter set forth. The tax and the duration. of the license shall be annual',. quarter- ly, 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 monthy fee; the letter Q "shall indicate quarterly fee; and the letter W shall indicate weekly fee, .all amounts shown are in dollars. (Ord. 904 (part), 1962 : Ord. .7.66 (part) , 1960) . 5. 16.060 Advertising. The fees for- advertisers shall be as follows : (A) By distributing samples or handbills, provided that this section shall not apply to any person, employee, agent or representative of any person who- already has a city license as provided elsewhere in this chapter. . $37. 50 A (B) By sign .or bill posting, sign erection or' instal- lation, or any form of outdoor advertising as defined. iri Article 976 of the Huntington Beach Ordinance Code. . . 75,00 A (C) By vehicle containing amplifier`,` phonograph; loudspeakers , etc: For each vehicle. . . . . . . . . . ... . . . . . . . . : . . . . . . . . .°. . . . 75.00 A Or at the option of the licensee, for each vehicle-. . 15 ..00 D If any such vehicle is used by a city licensee to .advertise solely his own licensed. business and such` vehicle 'is regular- ly registered and licensed by the state to such licensee, then the fee for each such vehicle. . . . . . . . . . . . . 22.50 A Or at the option of the licensee, for each such. ve hicle. . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 50 D (D) By means of stereipticon, biograph, moving pic- tures or similar device (not moving picture theaters) , used outdoors. . . . . . . . . . . . . . . . . . . 187.50 A Or, used indoors . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 A. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , , 1962 : .Ord. 838 (part) , 1961: Ord. 766 (part) , 1960) . 5 . 16 . 070 Amusements. License fees' are indicated for the following for any amusement center, room, business or parlor containing pool tables and/or billiard tables, - and/or bowling alleys , for each such table or alley with a minimum fee of $150 .00 per year. . . . . . . . . . . . . . . . . . . . . . $22. 50 A; Before the license indicated in this section can be used the applicant must .obtain a permit from the city council in accordance with the provisions of Chapter_.'9. 32 . Boxing or wrestling exhibitions , per _ exhibition. . . . . .22.50 Carnival, tent show or open-air show or in -hall or .-building constructed for theatrical purposes .'.: : . . . . . . . . . . . . . 150. 00 D 103 5. 16. 180--5. 16. 120 In addition, for five concessions or less . . . . . . . . . 30.00 D In addition, for each concession, in excess of five 6.00 D Juke box, phonograph or motion picture device operated by insertion of coin, per machine. . . . . . . . . . . . . . . . . . . . . . . . .22.50 A. The owner of the business wherein the machine is located shall be held responsible for the full amount of the license fee if the owner of the machine has not paid the fee when due and. payable. (Ord. 1604 (part) , 1970 Ord. .904 (part), 1962; Ord. 766 (part) , 1960) . 5 . 16 .080 Auctioneer. For the business of auctioneer the fee shall be. . . . . . . . . . . . . . . ... . . . . . ... . . . . . . . . . . . . . 37.50 D. (Ord. 1604 (part) , 1970 : Ord.. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5 .16.090 Bankrupt sale. For the conducting, mana- ging, 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. � . . . . . . . . . . . . . . . . . . ... . . . . . . . . . : . . . . . . . . . . . . . .22. 50 D. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. . 766 (part) , 1960) . 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 accommoda- tions the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 A. (Ord. 1604 (part) , 1970 : Ord. 904 , (part) , 1962 : Ord. 766 (part) , 1960) . 5 . 16. 110 Circus. With seating capacity under four •ousand the fee shall be: .. -,.rst day. . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . $225".00 D Each additional day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150. 00 D With seating capacity over four thousand the fee shall -be : First day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . 300.00 D Each additional day. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . 150.00 D. For every sideshow in conjunction with a circus the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . 15. 00 D For every concession in conjunction with a circus the fee shall be. . . . . . . . . . . . . . . . . . ... . . ... . . . . . . ..'. . . . . . . . .. 7'. 50 D. (Ord. 1604 (part) , 1970 : Ord. 904� (part) , . 1962 : Ord. '766 (part) , 1960) . 5. 16 . 120 Contractors . Every person engaging in .busi- ness in this city as a contractor, as defined .in subsections (E) , (F) and (L) 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 in Section 5. 16 .040 . shall pay a license' fee as indicated herein: 164 5. 16. 130--5. 16.170 General engineering and/or general building con- tractor. , . . . . . . . . . 0 . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . $105. 00 A Specialty, subcontractor, or other. . . . . . . . . . . . . . . . . . . 52 . 50 A. (Ord. 1604 (part) , 1970 : . Ord. 904 ' (part) , 1962 : Ord. 838 (part) , 1961) . 5 .16 . 130 Dancing teacher. Every person engaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing is given shall pay a fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 A. (Ord. 1604 (part) , 1970) . 5.16. 140 House moving. Every person engaged in house moving or wrecking of buildings and/or structures shall pay a fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75. 00 A. (Ord. 1604 (part) , 1970 : Ord. 904� (part) , 1962 : Ord. 766 (part) , 1960) . 5.16. 150. House movin . .bond. Every person..desiring to engage in the business of housemoving or wrecking of build- ings and/or structures., ' shall before receiving a. license for said business execute and deliver to the city clerk the bond required by Sections 15 .08. 120 and 15 .08. 130 in the sum of five thousand dollars . (Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5 . 16 . 160 Junk.. collector. (A) For every person con- ducting,, managing or carrying on the business. of junk col- lector the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 A, or, at the option of the licensee. . . . 7. 50 D. (B) . For the purpose of this section, a "junk collector" means any person, other than a junk dealer engaged. in the business of buying or selling, either at wholesale or retail, .rags, bottles , papers , cans , metal or other articles of junk. (Ord. 1604 (part) , 1970 : ' ( cd. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5. 16 . 170 Junk dealer and auto._wrecking. (A) For every person conducting., managing or carrying on the busi ness. of junk dealer or auto wrecker the fee shall be . .$150 . 00 A. .(B) For the purpose of this section an "auto wrecker" means and includes any person who buys any. motor vehicle for the purpose of dismantling or disassembling,. or who dismantles or disassembles any such motor vehicle whether for the pur- pose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles . (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 105 w 5. 16. 180--5. 16. 220 5. 16.180 Music or fine arts teacher. Every person engaged in the profession of teaching music, dramatics, art, designing, dressmaking, mechanics or any other trade or fine art who has no regularly established place. of business where such teaching is carried on shall pay a fee of. . . $37. 50 A. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5.16 . 190 Office building. For every person conducting, managing or carrying on the business of operating an office building, for each office therein the fee shall be. . . . . $ 3. 00 A. (Ord. 1604 (part) , 1970) . 5. 16 .200 Oil business--Nonproduction. Every person conducting, managing, carrying on or engaging in, from a fixed place of business in the city, the business or activity of oil well, injection well , or water-source-well drilling or servicing operation, or refining oil or petroleum products and producing the by-products,. or marketing, : selling. or dis- tributing at wholesale, oil or any petroleum products , or by-products, or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a. license tax in accordance with Section 5. 16 .010 . Nothing .in this section shall be deemed to apply or relate to actual oil or gas production operations. (Ord. 1652 , 1971) . 5. 16.210 Outdoor theaters. For every person conduct- ing, managing or carrying on an outdoor theater where moving or motion pictures are exhibited the license fee shall be: Number of Stalls Fee Per Year First 500 . . . . . .�300 .00 All over 500 . . . . . . . . . . . . . . . . (per stall) .. . . 45. A separate license shall be obtained for snack bars , food stands and other concessions . (Ord. 1604 (part) , 1970 : Ord. 904 (part)., 1962 : Ord. 766 (part) , 1960) . 5. 16 . 220 Pawnbroker. For the purpose of this section the term "pawnbroker" shall include every person conducting, managing or carrying on the business of loaning money either for himself or for any other person, upon any personal prop- erty, personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee -.at prices previously agreed upon. Nothing in this section shall be deemed to apply to the loaning of money or personal property or personal security by any bank authorized to do so under the laws of the state or of the United States . The license fee shall be. . . . . . . . . .$450 .00 A. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1.962 : Ord. 766 (part) , 1960) . 106 5. 16. 230-- 5. 16. 250 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7. 50 D; or by vehicle $60. 00 A. Peddlers of any article or commodity not mentioned in this section, including every person, firm or corporation conducting the business of selling and deliver- ing 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. . . . . . . . . . . . . . . . . $15. 00 D; or 60. 00 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 8. 52. The license tax prescribed by this section shall cover one per- son 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 Munici-- pal Code and with the provisions of Sections 5. 12.050 and 5. 12. 060. (Ord. 1604 (part) ., 1970 : Ord. 904 (part) , 1962 : Ord. 838 (part) , 196'1: Ord. 766 (part) , 1960). .. 5. 16. 240 Public dance hall, gublic .dance and dinner dancing place. Every person conducting, managing or operating a :public dance hall or dinner place shall pay a fee of $300 .00 A. Every person conducting, managing or operating a public dance shall pay a fee. . . . . . . . . . .per dance of. . . . . . 22. 50 For the purpose of this sec ion, certain words and phrases shall be construed as hereinafter set forth: (A) "Public dance hall" means a place open to the public upon the payment. an admittance fee , wherein music is provided and people are allowed to dance which is so open at regular in- tervals 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 pay- ment of a fee. (Ord. 1604 .(part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5 . 16 . 250 Public utilities . . Any public utility oper- ating in the city under a franchise or franchises from the 107 5. 16. 260--5. 16. 300 city, or applicable therein; and which makes franchise pay- ments 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. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5 . 16. 260 Rooming house apartment house , motel, bunga- low 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 , per unit $6.00. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5. 16. 270 Skating rink. For every person conducting, managing or carrying on any ice or roller skating rink, en- closure or park the license fee shall be. . . . . . . . . . . . . . $150 .00 A. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5. 16 .280 Small stands and business--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, al- ley or public place , or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, + which business is not otherwise licensed .by the terms of this chapter shall pay a fee of. . . . . . . . . . . . . . . . . . . . . . . . . .$37. 50 A; or, at the option of the licensee. . . . . . . . . . . . . . . . . . . . 7. 50 D. (Ord. 1604 (part), 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5 . 16 . 290 Solicitor or canvasser. For every person con- - sting, managing, carrying on or .:ngaging in the business of telephone solicitation .or canvassing, for each such person employed or so engaged the fee shall be. . . . . . . . . . . . . . . $15. 00 D. i 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 5. 12 .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 else where by this title , or who takes. orders only from businesses licensed under this title. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 838 (part) , 1961 : Ord. 766 (part) , 1960) . 5. 16 . 300 Soliciting on streets for hotels or dining rooms. For every person conducting, managing or carrying on i 108 i 5. 16. 310--5.16. 340 . 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, restaur- ant, dining room or house or place where meals or board or lodging are furnished for compensation the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75 .00 A. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5.16 . 310 Stockyard auction. For every person conduct- ing, managing or carrying on any stockyard, sales , stable or corral where- horses , catt-le, goats , sheep mules and other livestock are bought, sold or exchanged at public auction the license fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . .$150. 00 A. (Ord. 1604 (part) , 1970) . 5. 16 . 3.20 Trailer parks. For every person conducting, managing or carrying on the business of trailer park or mo- bile .home park the license fee shall be seventy-five dollars annually for the first twenty-five trailer spaces and two dollars and twenty-five cents . for each additional trailer space. (Ord. 1604 (part) , 1970 : Ord. 904 . (part) , 1962 : Ord. 838 (part) , 1961: Ord. 766 (part) , 1960) . 5. 16 . 330 Transportation, trucking and hauling--Estab- lished place of business. Every person engaged in the busi- ness , in whole or in part, of using or operating any motor vehicle in connection-with -the conduct of their. business, for the transportation of any goods , ' wares , merchandise, pro- ducts of, any nature, 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7. 50 A; For vehicles with a manufacturer's rated. capacity 'of under . three tons , but one ton or over. . . . . . . . .. . . . . . . . 22. 50 A; For vehicles with a. manufacturer's capacity of three tons or over. . . . . . . ... . . . . . . . . . . . . 30. 00 A. (Oral. 1604. (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 838 (part) , 1961: Ord. 766 (part) , 1960) . 5 .16 . 340 Transportation, trucking or hauling--No busi- ness location. Every person engaged in -the business; in whole or in part, of using or. operating any motor vehicle in connec- tion: with- the conduct of their business , and who uses the pub- lic streets. or highways of this - city for the purpose of such.. 109 5. 16. 350--5. 16. 360 use or operation for the delivery or transportation of any i goods , wares , merchandise, products of any nature , raw mate- rials, waste materials , pipe or casting; tanks , machinery or tools of any description or in connection with rendering ser- vices for fees, when said person does not have an established place of business within this city, shall pay an annual li- cense fee of thirty-seven dollars and fifty cents for each and every vehicle so used or operated other than those vehicles described in Sections 5. 16. 340 and 5.16 . 350. (Ord. 1604 (part) , 1970 : Ord. 904 (.part) , 1962 : Ord. 838 (part) , 1961: Ord. 766 (part) , 1960) . 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 op- eration 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. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 838 (part) , 1961 : Ord. 766 (part) , 1960) . 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 trans- portation, hauling or delivery or removal of crude oil, pe- troleum products or petroleum by-products in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any de- scription, 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 as follows: (A) Dump Trucks. For each vehicle with single rear axle. . . . . . . . . . . . . . . $15. 00 A For each vehicle with dual rear axles. . . . . . . . . . . . . . . . 18. 00 A; (B) Tank Truck or Tank Wagon. (Semi-tractor and front trailer considered as one tank truck or tank wagon) . For each tank truck or tank wagon. . . . . . . ... . . . . . . . . . . 60. 00 A For each additional tank truck, wagon or tailer. . . . . 6.00 A. (Ord. 1604 (part) , . 1970 : Ord. 904 (part) , 1962 : Ord. 838 (part) . 1961: Ord. 766 (part) , 1960) . 110 5. 16. 370--5. 16. 390 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 per- son hiring the same, shall pay an annual license fee of thirty-seven dollars and fifty cents plus fifteen dollars ;for each truck or .veh'icle over one- used in .the. business . (B) In the case of persons operating trucks or vehicles in this city, within. the meaning of Section 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 . (Ord. 1604 (part) , 1970 : Ord. 904 (part) , .1962 : Ord. 838 (part) , 1961: Ord. 766 (part) , 1960) 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, rent- ing- or leasing the same at rates per mile, per trip, per hour, per month, per year or any greater period of time,, and where such vehicle is under the directional control of the person hiring the same , shall pay an annual license fee of thirty-seven dollars and f4.fty cents plus seven dollars. and fifty cents for each vehicle over one used in the business . Provided,. that where a person conducts, manages or carries on the rental .or leasing of both trucks .and passenger vehicles as one and the same business , from the same place of business , the payment of only one annual license fee of. thirty-seven dollars and fifty cents will be required in addition to the prescribed fees for each vehicle over one used in the business . (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960.) . 5 .16 . 390 Trailer. rentals . Every person conducting, man- aging or carrying on the business. of renting the use of trailers designed to be attached to motor propelled vehicles shall pay an annual license fee of one dollar and fifty cents per wheel for all trailers used in. the business. (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 111 5. 16. 400--5. 16. 410 I I 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 busi- ness 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 accor- dance with the following schedule For the first vessel. . . . . .. . . . . . . . . . . . . . . . . . . . $ 37.50 ,A; For each and every vessel so used or operated in excess of one vessel : Less than sixteen feet in length. . . . . . . . . . . . . . . . . . . . 7.50 A; Sixteen feet or over but less than twenty-six feet in length. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15. 00 A; Twenty-six feet or over but less -than forty feet in length. . . . . . . . . .. s . . . . . . . . ._... . . . . . . . . . . . . . . . . . . . . 22..50 A; Forty feet or over in length. . . . . . . . . . . . . . . . . . . . . 30.00 A; (Ord. 1604 (part) , 1970 : Ord. 904 (part) , 1962) . 5. 16 . 410 Vending and bulk-vending machines . (A) Every person owning, conducting, transacting, managing, operating or carrying on the business of providing, furnishing, letting f the use of, distribution or maintaining any vending machine or bulk-vending machine , as defined in this. chapter and .not prohibited by law, shall pay an annual license fee in accor- dance with the following schedule: (1) Vending Machines.. For each service machine. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3.00 A All others : For each machine charging $.01 to and including. . . . $ .04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . • 2. 00 A . •,. each machine charging $.05 to • nd including . . . $ . 09 . . . . . . . . . . . . . . . . . . . . . . '6.00 A For each machine charging $. 10 and over. . . . . . . . . . . . $ 12. 00 A For each cigarette vending machine. : . . . . . . . . . . . . . :. 15.00 A. i Stamp vending machines dispensing United States postage stamps for mailing purposes are .hereby exempt from the terms and pro- visions hereof. (2) Bulk-Vending Machines . For each machine charging $.01 to and. -including. . . . $ . 04 . 2. 00 A For each machine charging $.05 to and including . . . $. . 4. 00 A . 09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 For -each machine charging $. 10 or over. . . . . . . . . . 6. 00 A. (B) In the event any license fee provided for by this section on any vending or bulk-vending machine, is not paid 112 j 5.16.. 420--5. 16. 430 when due and payable, the owner of the business on whose busi- ness premises such vending or bulk-,vending machine is located, . shall be jointly and severally liable to pay the full amount of such license fee. (C) A person having a business license in connection with a fixed place of business in this city is exempt from payment of license fees otherwise required by this section on any vending or bulk-vending machine owned by such person and located in such fixed place of business . (Ord. 1461 , 1969 Ord., 904 (part) , 1962 : Ord. 838 (part) , 1961 : Ord. 766 (part) , 1960) . 5.16. 420 Water companies . For the. maximum number of customers at one time during the preceding calendar_ year the fee per customer shall be. ... . . . . . ... . . . . . . . . . . . . . . $ . 75. (Ord.,.-1604 (part) , 1970 : Ord. 904 (part) , 1962 : Ord. 766 (part) , 1960) . 5. 16. 430 Subdivision of land. Any person, partnership, corporation or other entity engaging in. the business of subdi- viding land shall be subject to a business .license tax based on the number of lots or parcels created as shown on each ap- proved final tract map .at the per lot .rate of one hundred fifty dollars. The tax shall be on the entire business of sub- dividing •including subdividing, _improvement, construction and selling': (Ord. 1605 , 1970.: . .Ord. 9.88, 1963) Chapter 5.20 AMBULANCE SERVICE Sections : 5. 20. 010 Definitions . - 5 . 20 .020 Certificate of need and necessity--Required. 5. 20 .030 Certificate of need and .necessity--Application. . 5 .20 .040 Certificate of' need and necessity--Fees. . 5.20 ..050 License and certificate nontransferable. ' . 5.20.:060 Business- license required. 5. 20 .070 Replacing vehicle. 5 .20.080 Driver qualifications . 5. 20 .090 Change of rates--Application and hearing. 5 .20. 100 change of rates--Prohibited without certificate 5. 20 .110 Certificate of need and necessity--Revocation. 5. 20. 120 Certificate of need and necessity--Renewal. 5 . 20 . 130 Liability insurance. 5. 20 .140 - Certificate of. need and necessity--Granting. 5. 20 . 150 Inactive certificates--Notice and hearing. 113 5. 20. 010--5. 20. 030 5 .20 .010 Definitions. For the purpose of this chapter, i the following terms shall have the meanings herein given to them: (A) "Driver" means every person in actual charge and con- trol of any ambulance as a driver thereof. (B). "Owner" means any and every person, whether individ- ual or corporate, who owns or controls any private ambulance. (C) "Private ambulance" means every ambulance used for the purpose of serving the public and operated by a person other than a governmental agency. The term "ambulance" under this definition implies a regularly produced, custom built ve- hicle on ,a chassis designed for ambulance use`. (Ord. 841 (part) , 1961) . 5 .20.020 Certificate of need and necessity--Required. No owner shall operate any private ambulance, owned or con- trolled by such owner in the business of transporting, at the call of the police or fire departments of this city, ill or injured patients , or shall in any way carry, at the call of the police or fire departments.-of this city, passengers or patients , unless such owner has previously obtained a certifi- cate of public need and necessity to do so as provided for in this chapter. Nothing contained in this chapter .shall be deemed expressly or impliedly to limit the city to the granting of an exclusive certificate of public need and necessity to any single owner, operator or operators . Nothing contained in this chapter shall be deemed to require a certificate of pub- lic need and necessity of any owner of any private .ambulance, owned or controlled by such owner in the business of. transport- ing, at the call of any private physician or hospital, ill or injured patients or passengers . (Ord. 1513 (part) , 1969 : Ord. 841 (part) , 1961) . 5..20. 030 Certificate of need and necessity--Application. Any owner desiring to obtain th- certificate of public need and necessity. required by this chapter shall make application therefor to the city council, by filing the same with the city clerk. Each application shall be - accompanied by a po- licy of insurance in the. amount provided for by this chapter, as well as the certificate of public need and .necessity fee provided for by this chapter. This application shall be in writing and shall, among other things , set forth the follow- ing: (A) The name , age, business and residence address of the applicant, if a natural person; or if corporation, its name, date and place of incorporation, address of its principal place of business, and' the names of its principal officers , together with _their respective residence . addresses; .or if a partnership, association or unincorporated company, the names of the partners , or of the persons comprising such association or company, and the business and residence of each partner or person; 114 i 5. 20. 040--5.20. 080 . (B) A description of each ambulance or other vehicle used by the applicant and 'which -veh-icles the applicant pro- posed to use, together with theL',numbers. and state -motor vehicle license number thereon.. A left front quarter and right rear quarter picture of each ambulance and the number of emergency vehicle. permit issued by the California .Highway Patrol; (C) The schedule of rate of fare proposed to be charged for carrying the patients or passengers which applicant pro- ,posed. to transport; (D).. . The applicant shall furnish any and all additional information as the council may require. (Ord. 841 (part) , 1961) . 5 .20 . 040 Certificate of . need and necessity--Fees . No certificate of need and necessity shall be issued or continued in operation ,unless and until the, applicant has paid :to the treasurer of the city a fee of five dollars for each ambulance per year. Such fee of five dollars for each ambulance per year shall..be transferable in any one year in the event of a trade-in of the ambulance or vehicle involved. (Ord.' 1513 (part)' ,.. 1969 : Ord.. 841 (part) , 1961) . 5. 20 .050 License..and certificate nontransferable. No license or certificate of public -need and necessity granted .by the council pursuant to the. provisions of this chapter may be transferred to another. (Ord. 841 (part) , 1961) . 5. 20 .060- Business license required. No person or owner shall operate any private ambulance in this city without first obtaining a business license as provided in Chapter . 5. 04 of this code. No certificate of public. need and necessity shall be issued under this chapter until the owner desiring to obtain such certificate of public- need and necessity has first obtained such business license- for such private ambu lance service as required '-y Chapter.5.0.4 of this code Business license fees shal.L be paid to city as required by. Chapter_ 5.04 .of this code. (Ord. 1513.. (part) , 1969) . 5 .20 .070 Replacing vehicle. In the event that any ve- hicle is replaced by the owner of the private ambulance busi- ness , the owner shall immediately inform the city of the manu- facturer's name, the year, the model,. the en.gine. and serial numbers , the state motor vehicle . license number of the new ve- hicle and of any vehicle having been replaced by such vehicle . (Ord. 841 (part) , 1961) 5 .20 .080 Driver qualifications. No person shall operate or drive any private ambulance within the city or shall assist in the operation of an ambulance unless .such person: ' 115 5. 20. 090--5. 20. 110 (A) Is over the age of twenty-one years; provided, how- ever, that any one eighteen- years of age or over may assist in the operation of any ambulance if said person is a student in a recognized junior college or college taking a medical or premedical course of study; (B) Is good moral character and 'has never been convicted of a felony.; (C) Can speak the English language sufficiently to deal with patients or passengers; (D) Possesses a valid chauffeur's license issued by the Department of Motor Vehicles of the state of California; (E) Has been fingerprinted, investigated and approved by the Huntington Beach police department prior to employment by the owner of the private ambulance service as a driver; (F) Possesses a current advanced first aid card or certificate. (Ord. 841 (part) , 1961) . 5. 20.090 Change of rates--Application and hearing. Should an owner of a private ambulance service desire to change his schedule of rates , . he shall make written application to the council to do so. Upon receiving such application, the council shall conduct a hearing upon the application, and shall give the applicant at least ten days ' written notice of the time and place of such hearing. Upon the hearing, the council .shall determine whether the rates shall be changed and shall have the right to deny the application, or make such changes as the council determines are warranted by the facts. The decision of the council upon the hearing shall be final and conclusive. (Ord. ' 841 (part) , 1961) . 5 .20.100 Change of rates--Prohibited without certificate. No owner or driver of any private ambulance service licensed under this chapter shall charge any rate within the city limits different from the schedule of rates on file and approved by -Che council. (Ord. 841 (part) , 1961) . 5. 20. 110 Certificate of need and necessity--Revocation. TAT Any certificate of public need and necessity granted pursuant to the provisions of this chapter may be revoked by the council for violation of the provisions of this chapter or of any ordinance of the city or of any law of the state, or for the existence of any stated facts which would have been a good reason for denying such certificate of public need and necessity when applied for, whether these stated facts existed at the time that the application was made for such certificate of public need and necessity or not. (B) No- certificate of public need and necessity shall be revoked except in the following manner: (1) The council shall fix a time and place for the hearing of the issue and the revocation of the certificate of public need and necessity and shall cause .-the city clerk' to 116 5.20. 120--5.20. 130 serve the permittee with notice of thy time and place of hearing, together with a statement of the charges which are the basis for the hearing, at least ten days prior to the time fixed for the hearing. . (2) The city clerk may serve .the aforementioned notice of statement upon the permittee personally or upon the per- mittee by delivering the same by certified United States mail , postage prepaid, to permittee at address given in his appli- cation for certificate of public need and necessity. (3) The hearing shall be public and the . permittee shall have the right to produce witnesses on his own behalf and to .be represented by counsel . (4) The findings and decision of the council upon such hearing shall be final and conclusive. (Ord. 841 (part) , 1961) . 5.20:120 Certificate of need and necessity--Renewal. In the event that the certificate of public need and necessity of any person has been revoked by the council, such person shall not be granted a new certificate of public need and necessity for a period of six months after the date of such revocation. (Ord. 841 (part) , 1961) . 5.20.130 Liability insurance. No owner' s certificate of public need and necessity shall be issued or continued in operation unless there is in full force and effect a policy of insurance in such form as the city administrator may deem proper, executed by an insurance company approved by .the city administrator, whereby the owner and the driver of each of the vehicles described in the certificate of public need and neces- sity are insured against liability for damage to property and for injury to or death of any person as a result of the owner- ship, operation or other use thereof, the minimum liability limits upon such vehicle being not less than : (A) Combined ,single 7 `_mit bodily injury and/or property damage including products liability: $1,000 .000 aggregate; (B) Additional Insured Endorsement. The insured agrees that the city, and/or members of the Huntington Beach city council, and/or all city council-appointed groups , committees , boards and any other -city council-appointed body , and/or elective and appointive officers, servants or employees of the city, when acting as such are additional assureds here under; .(C) Hold Harmless Agreement. The insured agrees to pro- tect, defend, indemnify and save harmless the city against loss, damage or expense 'by .reason of any suits , claims , de- mands , judgments and causes of action caused by the insured, his employees , agents or any subcontractor arising out of or in consequence of the performance of all .operations covered by this certificate. 117 5. 20. 140--5. 20. 150 Such policy of insurance shall contain an endorsement provi- ti ding that the police will not be cancelled. uhtil notice in writing shall have been given to the city, addressed in care of the city clerk, City Hall, Huntington Beach, California, at least thirty days immediately prior. to ' th'e time such can- cellation shall become effective. M .(Ord. 1882, 1973 : Ord. . 841 (part) , 1961) . 5. 20. 140 Certificate of need and necessity--Granting. Upon receipt by the city clerk of any application referred to in the previous section, the chief of police shall conduct an investigation of the applicant and on the basis of his• inves tigation shall, within thirty days of the receipt of the ap- plication, recommend to the council approval or rejection of the application. The council may thereafter grant the application for a certificate. -of public need and necessity if it shall find: (A) That the requisite policies of insurance as re- quired by this, chapter have been furnished and the same is in the form required and further, that the surety thereon is approved by the city administrator; (B) That each private ambulance described therein is adequate and safe for the purpose_ for which it is to be used, is not over ten years of age and that it is equipped as re- quired herein and by the requirements of the California Ve- hicle Code and California Highway Patrol; (C) That the applicant is of good moral character, and has complied with all of the terms and condistions of this chapter; (D) That the public convenience or -necessity require the operation of such private ambulance service or business within the confines of the city; (E) That the proposed schedule of rates to be charges is fair and reasonable. The grant- ng of such certificate of public need and necessity shall consti.:ute the approval of the city council of the proposed schedule of rates . (Ord. 841 (part) , 1961) . 5. 20. 150 Inactive certificates--Notice and hearing. (A) All business , services and operations which are required to obtain. certificates of.public need and necessity shall be deemed inactive and the certificate of public need and necessity shall be subject to revocation in accordance with the procedures set forth in this. section, whenever said business , operation or service has ceased to- function for a six month period. (B) No certificate of need and necessity shall be re- voked pursuant. to this section without a hearing before the city council duly noticed by giving ten days ' notice by certi- fied mail to the holder thereof. At such hearing, the holder i 118 5 .24.010--5 .24.020 shall have the burden of showing good cause why the certifi- cate should not be revoked. (c) From and after revocation of certificate, pursuant to this section, it shall be unlawful to operate or conduct business or services without obtaining another certificate of public need and necessity. (Ord. :;':1688, 12/71) . . Chapter 5.24 . ..BATHHOUSES--MASSAGE PARLORS Sections : 5 .24.010 Permit--Required. 5;24.020 Massage defined. 5 .24. 030 Applicability. 5.2.4.040 Permit--Application.. 5.24.050 Permit--Issuance. 5 .24.06.0 Permit--Refusal--Appeal. 5 .24.070 Investigation fees . 5.246080. Permit--Revocation. 5 .24.090 Permit--Revocation--Hearing. 5.24. 100 Premises open for inspection. Q0 5.24.110 Employment of unlicensed masseurs or masseuses prohibited. 5. 24 .120 Masseur or masseuse permit--Display. , 5.24 .130 Masseur or masseuse. permit--Return upon nonem- ployment . 5.24 .140 Rules and regulations. 5. 24. 010. Permit--Required. No person shall engage in, conduct,. manage or carry on +-'ie business of giving steam baths, electric light baths , electric tub baths, shower baths , sponge baths , sun baths or giving salt glows., or conduct, manage or carry " on any place where such baths are given or any public bathing place which has in connection therewith a. steam room, dry hot room, . plunge, shoiaer,.bath or sleeping accommodations without a written permit from the chief of police. No person shall operate a massage .parlor or give fomentations, massage, electric or magnetic treatments or alcohol rubs , or conduct, manage or carry on any place where fomentations, massage, electric or magnetic treatments or alcohol rubs .are given without. the written. permit. from the chief of police. No per- son shall act as a masseur or masseuse without a written permit from the chief of. polic.6. (Ord. 1213, 6/66) .. 5 . 24 . 020 Massage defined. For the purpose of this chap- ter "massage ' means any manual manipulation of, or the applica- tion of a mechanical device io .the human trunk or limbs of 119 . i i 5.24. 030--5.24.070 another, except by a person holding an unrevoked certificate to practice the healing art under the laws of the state of California. (Ord. 1213, 6166) . 5. 24. 030 Applicability. The provisions of this chapter shall not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed or permitted to practice any such art or profession under the provisions of the Business and Profes- sions Code of California or .of any other law of this state. (Ord. 1213, 6166) . 5. 24. 040 Permit--Application. Each person, before ob- taining a permit .to carry on the business of or work as a ! masseur or masseuse at baths and massages as listed in Sec- tion 5.24. 010, shall make a written application to and upon blanks furnished by the chief of police, which shall be signed by such applicant. In addition to any other information which may reasonably be required by the chief of police, the appli- cation shall show the .true' name of the applicant, his ficti- tious name or names, if any, his age, his present address in the city, or elsewhere., his proposed business address in the city, the name under which said applicant conducted any similar business , if any, and the place of his residence at such time, a together with the application. The applicant shall furnish a recent photograph of himself and his fingerprints to the chief of police. (Ord. 1213, 6166) . 5. 24 . 050 Permit--Issuance: The chief of police shall issue such permit to such applicant if it shall reasonably ap- pear to him, after investigation, that the applicant possesses good moral character and is a proper person to conduct or work at such business . The chj •-,f of police shall issue such permit to the applicant or deny such application within sixty (60) days from the date thereof. (Ord. 1213, 6/66) . _ 5. 24. 060 Permit--Refusal--Appeal. Any applicant for a permit as defined in Section 5. 2 .0 0 who is refused a permit by the chief of police may within ten days of notice of refusal, appeal the refusal to the city council. (Ord. 1213, 6166) . i 5. 24. 070 Investigation fees. A fee of twenty-five dollars shall be paid upon the filing of each application for a permit for the purpose of defraying investigation costs and expenses incidental to the processing of said application. Fees .shall be pa a o the city clerk. Fees are not refundable. (Ord. 1 572 20 Feb 75 Ord. 1213, 6166) . 120 5. 24. 080--5. 24.100 5. 24 .080 Permit--Revocation. The city council may revoke or suspend the." permit and license of any person hold- ing same in the city, upon receiving satisfactory evidence that the permittee or licensee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this section or any other law or ordinance of the city or state relating to such business , or upon the recommendation of the chief of police. The chief of police may recommend revocation of any permit issued or granted under Section 5. 24: 040 if, after investigation the permittee is determined to be a person who is not of good moral character or who is determined not. to be a, proper person to conduct or work at said business , or upon receipt of evidence that the permittee is engaging in immoral, improper or otherwise objectionable conduct or behavior. Whenever permit or license shall have been revoked under the terms .of this section, no other appli- cation fora permit to carry on a similar business by such per- son shall be considered for a period . of one year from the date of such revocation. (Ord. 1213 (part) , 1966) . 5. 24. 090 Permit--Revocation--Hearing. No permit shall be revoked until a hearing thereon shall have been had by the city council, notice of which hearing shall 'have been given -in writing and served at least ten days prior to the date of such hearing upon the holder of .such permit, his manager or agent, which notice shall state the grounds of the complaint against the holder of such permit, and the time and place where the. hearing will_ be held. The notice shall be served on the holder of such permit by delivering the same .to the holder, his manager or. agent , or by leaving the notice at the place` of business or residency of such holder with some adult person. . If . the holder of the permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a. copy of the . notice shall be addressed to the holder of such permit .at his place of business and aeposited .in the United States mail at Huntington Beach, .California, with postage ,thereon fully prepaid, at least ten days prior to date of such hearing. The time of such notice may be shortened by the city council with the written consent of the holder of the permit. (Ord. 1213 .. (part) , 1966) . 5 .24 .100 Premises open for inspection. Every person engaged in the business of baths . or massages as listed above , shall be open at all times during business hours to the in- spection of the chief of police or any other officer of the city. (Ord. 1213 (part) , 1966) . 121 5. 24 . 110--5. 24.140 5 .24 . 110 Employment of unlicensed masseurs or masseuses prohibited. No permittee or operator of a bathhouse or mas- sage parlor shall employ, or utilize the services in any way of a masseur or masseuse who does not possess a valid and sub- sisting permit to work for the permittee. (Ord. 1213 . (part) , 1966) . 5. 24 . 120 Masseur or masseuse permit--Display. The per- mit issued by the chief of police to a masseur or masseuse shall be retained on the person of such masseur or masseuse while actually engaged in such activity and shall be dis- played to any peace officer upon demand. (Ord. 1213 (part) , 1966) . 5. 24. 130 Masseur or masseusepermit--Return upon non- employment. The permit issued by the chief of police to a person to act as masseur or masseuse for a licensed bathhouse or massage parlor shall be returned, by such masseur or mas- seuse , to the chief of.. police within five days after such . masseur or masseuse no longer is so employed. (Ord. 1293 (part) , 1967) 5. 24 .140 Rules and regulations. Subject to the approval of the city administrator, the chief of police may make such rules and regulations , not inconsistent with the requirements hereof, governing bathhouses or massage parlors and masseurs and masseuses . (Ord. 1293 (part) , 1967) . Chapter 5.28 DANCE HALLS Sections : 5.28.010 Signing of register. 5. 28.020 Hours . 5. 28.030 Beverage license--Minors on premises . 5. 28. 040 Beverage license--Minors entering. 5. 28.050 Proprietor allowing children inside. 5. 28. 060 Children under sixteen. 5 .28.070 Allowing disorderly persons . 5. 28. 080 Persons to, maintain decorum. 5. 28.090 Indecorous conduct. 5.28. 100 Lighting--Required. 5. 28. 110 Lighting--Minimum intensity. 5. 28. 120 Lighting--Maintained during dance. 5. 28. 130 Lighting--Tampering with, to reduce . 5. 28. 140 Permit--Revocation for violation. 5. 28. 150 Hearing--Notice service. . 122 5 .28. 010--5. 28. 050 Sections : (Continued) 5 .28. 160 Notice--Forma 5. 28. 170 Notice--Personal service. 5. 28. 180 Notice--Mail service. 5. 28. 190 Violation--Penalty. 5. 28.200 Violation--Permit revocation. 5 .28. 210 Exemptions--Noncommercial dances . 5.28.220 Application to general public dance. 5 .28. 010 Signing of register. Every person seeking ad- mission to a. public dance hall- or to any public dance shall, upon the request of the manager, proprietor or doorkeeper, or managing agent of the proprietor of such public dance -hall or or public dance, register his or her. true name,. .age and ad- dress in his or her own handwriting. (Ord. 230 (part) , .1921) . 5. 28.020 Hours. No person maintaining or carrying on a. public ..dance hall, or having charge or control thereof, or employed in. and about the same , shall hold, conduct or carry on, or cause or permit to be held, conducted or carried on any- dance or dancing in any such public dance hall and/or dancing pavilion in this city between the hours of two a.m. of any day and six a.m. of the same day, except upon special permission in writing, signed by the chief of police. (Ord. 414, 1938: Ord. 230 (part) , '1921).. 5.28.030 Beverage. license--Minors on premises. No per- son conductingmaintaining or carrying on a business , or having. charge .or .control thereof, ,which. permits public. dancing to be allowed ,on its premises .shall permit to be ad- mitted. on such business premises.. anyminor under the age of twenty-one years, if any ..alcoholic beverages are consumed, dispensed or sold .on. the premises, awnless the minor is accom- panied and under the care - t all times of his parent or par- ents or legal guardian. (urd. 1143 (part) , 1965) . 5 .28.040 Beverage . license--Minors .entering. It is un- lawful for any minor. under the age of twenty-one years to en- ter or to be in or remain on any business premises of' this city at any time when a public dance is in progress , or being held, conducted or carried on therein when. .any alcoholic beverages are consumed, dispensed or sold on the same premises , unless the minor is accompanied or- under the-- care at all times in said dance hall, of his or her' parent .or- parents , or legal guardian. . (Ord. 1143 (part) , 19.65) 5.28.050 Proprietor allowing children inside. No per- son conducting, maintaining .or carrying on a public dance hall, or having charge or control_thereof_, shall permit to be ad- mitted to such public dance hall,' or to dance therein, any 123 5. 28. 0607-5. 28. 090 minor under the age of sixteen years , at any time while a dance or dancing is in progress or being held, conducted or carried on therein, unless the minor is accompanied and un- der the care at all times while in said dance hall, of its parent or parents or legal guardian. (Ord. 233 (part) , 1922 : Ord. 230 (part) , 1921) . 5. 28.060 Children under sixteen. It is unlawful for any minor under age of sixteen years to enter, or to be or re- main in any public dance hall in this city at any time when a dance or dancing is in progress or being held, conducted or carried on therein; or to dance therein;: unless the minor is accompanied and under the care at all times while in the dance hall, of his parent or parents or guardian. (Ord. 233 (part) , 1922 : Ord 230 (part) , 1921) . 5. 28. 070 Allowing disorderly persons. It is unlawful for any person maintaining, conducting or carrying on any public dance hall .or having charge or control thereof, or for any person employed in and about the same, to allow or permit any intoxicated or disorderly person, as defined in California Penal Code Section 647 , to enter, be or remain, or to dance in any such public dance hall. (Ord. 1935 §1 (33) , 1974 : Ord. .230 (part) , 1921).._ 5. 28. 080 Persons to maintain decprum. No person, as principal, agent or otherwise, carrying on, maintaining or conducting a public dance hall or a public dance in this city shall permit any person or persons to indulge in any act which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency in such public dance hall or in any of the hallways leading- thereto. (Ord. 1935 51 (34) , 1974: . Ord. 587 (part) , 1952: Ord. 230 (part) , 1921) . ' 5. 28.090 Indecorous conduct. No person shall, in any public dance hall or at any public dance, wilfully and wrong- fully commit any. act which seriously injures the person or prop- erty_ of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public de- cency in such public dance hall or in any of the hallways leading thereto, or in any anteroom or other public room ad- junctive to and used as a part or in connection with such dance hall for. the use or accommodation of guests or patrons. (Ord. 1935 51 .(35) , 1974: Ord. 587 (part), 1952: Ord. 230 (part) , 1921) . - 124 5. 28. 100--5. 28. 140 J 5. 28. 100 Lighting--Required. It is unlawful for any person conducting, maintaining or carrying on a public dance hall, or having charge or control thereof, or for any person employed in and about the same, to hold or conduct, or to cause or permit to be held or conducted, any dance or dancing in any dance hall after sunset of any day, unless such public dance hall be lighted or illuminated either by gas or elec- tric light, or other means , in such manner and to such extent as is usual or customary for lighting or illuminating halls or rooms of like dimensions in the nighttime for public as- semblies , before any person is admitted thereto and before any dance or dancing is commenced therein. (Ord. 230 (part) , 1921) . . 5. 28. 110 Lighting--Minimum intensity. The intensity of such lighting or illumination shall at no time be less than one candle power at a plane three feet above the floor of such dance hall at all parts of such hall. (Ord. 230 (part) , 1921) . 5. 28.120 Lighting--Maintained during dance. Such lighting or illumination shall be maintained thereafter throughout. the entire time while such dance or dancing is in progress , with- out a diminution and. without interruption, until such dance or dancing is concluded and until such hall is cleared and closed. (Ord. 230 (part) , -1921) . J` 52. 8. 130 ' Lighting--Tampering with, to reduce.. No per- son shall shut or turn off the lights or lighting, or reduce the intensity thereof below the minumum in this chapter pre- scribed in any public dance hall at any time after sunset of any day while a dance or dancing is in progress or being con- ducted therein, or during any recess or other intermission in such dance or dancing. (Ord. 230 (part) , 1921) '. 5. 28.140 Permit--Revocation for ..violation. In the event that any person holding a permit' to conduct a public dance hall shall violate or casue or permit to be violated any condition of such permit, or any provision of this chapter or any ordinance relating to or regulating the maintenance , con- ducting or .carrying on of public dance halls or shall conduct such public dance hall, ,or otherwise cause or permit the same to. be conducted, in an illegal, disorderly_ or improper manner, it shall be the duty of the council to revoke such permit in the manner hereinafter provided; and such revoca- tion shall be in addition to the other penalties provided for a violation of any of the provisions of this. code . (Ord. 230 .(part) , 1921) 12.5 5. 28 . 150--5. 28 . 210 5. 28. 150 Hearing--Notice service. No. such permit shall be revoked until a hearing shall have been had by the council in the matter of the revocation of such permit, notice of which hearing shall be given in writing and served at least three days prior to the date of such hearing, upon the holder of such permit, or his or its manager or agent, or person in charge of such public dance hall. (Ord. 230 (part) , 1921) . 5. 28. 160 Notice--Form. The notice shall state the ground of complaint against the holder of such permit, and shall also state the time when and place where such hearing will be had. (Ord. 230 (part) , . 1921) . 5. 28. 170 Notice--Personal service. The notice shall be served by delivering the same personally to the holder of such permit, or to his or its manager or agent, or person in charge of such public dance hall, if either of them can be found. (Ord. 230 (part) , 1921) . 5. 28. 180 Notice--Mail service. If the holder of such permit, or such manager, agent or person. in charge of such public dance hall, cannot after due diligence be found in this city, and personal .service of such notice cannot be made upon either of them, in the manner herein provided, in this city, then a copy of such notice shall be mailed postage prepaid, ad- dressed to such holder of such permit at his place of busines or residence, if known, at least three days prior to the date of such .hearing, and if not known, .then such copy .of .such no- tice .shall be so mailed, addressed to such person in the. city. (Ord. 230 (part) , 1921) . 5. 28. 190 Violation--Penalty. Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punish- able by a fine or by imprisonment or by both such fine and im- prisonment, as provided in this code. (Ord. 230 (part) , 1921) . 5. 28. 200 Violation--Permit revocation. Upon such con- viction, any. permit which may have been granted to such per- son to conduct, maintain or carry on any public dance hall, shall be rendered void ipso facto, and shall be revoked by the council, as hereinbefore provided. Or 230 (part) , 1921) . 5. 28. 210 Exemptions--Noncommercial dances . The pro- visions of this chapter shall not apply to any dance or ball given, held or conducted by any bona fide club, society or association organized or incorporated for benevolent, charitable, dramatic or literary purposes , having an established member- ship of persons regularly elected or admitted thereto, and which`kshall hold meetings , other than such balls or dances , at 126 5.28.220--5.32.010 r-ep;ular stated intervals , when the proceeds arising from such ball or dance shall be intended to be and be used for the pro- motion of the purposes of such club, society or association, or to any private dance or ball, held or conducted for social purposes only and not for profit, to which persons are admitted or at which persons are allowed to dance without payment of a fee or charge therefor; except such as may be required for the purpose of defraying the actual expenses of holding or conducting such dance or ball. (Ord. 230, 12/21) . 5.28..220 Application to general public dance . The pro- visions of this chapter shall apply to any dance or ball, other than a dance or ball of the character hereinbetore in Section 5.28.210 referred to; when invitations or tickets for admission to such dance or ball are sold or offered for sale publicly, or to the public generally. (Ord. 230, 12/21) . Chapter 5. 32 OIL PRODUCTION* Sections: 5 .32 :010 License--Required. 5. 32 .02.0 License--Term. 5. 32 .030 License--Fees. 5. 32 .040 Base annual fee--bue when. 5 . 32 .050 Quarterly payments--When.. due: 5. 32. 060 Quarterly payments--When. delinquent. 5:32 .0.70 Definitions . 5 . 32. 080 License--Renewal. . 5 . 32 .090 L'icendse--Suspension. 5. 32 .100 License-=Suspension not bar to prosecution. 5• 32.110 Production statement required. 5. 32 , 120 Records required. 5.3? :130 Exception 5. 32 .140 Penalty for delinquency. 5. 32. 010 License--Required. It is unlawful for any per- son to conduct , manage , carry on or engage in the business or activity of producing crude oil, gas , petroleum or other hydrocarbon substances or products from any well or wells lo- cated in the city without first obtaining a license therefor from the city. .(Ord. 1652, 8/71) . See also Title 15 , OIL. 127 5 . 32 .020--5 . 32 . 040 1., . 32. 020 License--Term. The term of such license shall be one 1 year, commencing on July 1 of each year, beginning with July 1, 1974 , except that in the event the effective date of this amendment of this chapter is after July 1, 1974 , the term of the license for such fiscal year shall commence with the effective date of the amendment of this chapter and shall continue to June 30, 1975 inclusive, and the base annual fee for the year, and the quarterly payments�f such fiscal year shall be adjusted accordingly. At the . end of the term of any license issued or renewed hereunder, such . license .shall be of no further force -or effect unless renewed as hereinafter provided. (Ord. 1924, 7/74; Ord. 1652, 8/71) . 5. 32. 030 License--Fees . Every person required by this chapter to have a license shall pay to the city of Hunt- ington Beach the fees hereinafter provided, in the manner hereinafter provided. (a) Prior to the issuance or renewal of such license, a base annual fee of ninety-six dollars per well. Such. base annual fee shall apply to each well producing oil or gas, or both. A fee of ninety-six dollars per well shall be paid for the period from and after. the effective date of this amendment of this chapter, through June 30, 1975, with a credit applied thereto of any amount previously paid as the base annual fee due June 30, 1974. (ti ) For the period commencing with the effective date of this amendment and ending June 30, 1975, and for each suc- ceeding fiscal year, and in addition to the base annual fee, an amount equalling eight cents per barrel of oil produced by each well per quarter, less a credit of twenty-four. dollars por well per quarter. No carry-over of credit shall be per- mitted. The amount of license `'ee to be paid under this sub- section for the quarter consisting of July, August and September of 1974 shall be adjusted as provided in Section 2150. 1 of this chapter. (Ord. 1924, 7/74 ; Ord. 1759, 7/72; Ord. 1652, 8/71) . 5. 32. 040 Base annual fee--Due when. The base annual fee, required by this amendment to this chapter, shall be due and payable on or before July 1 of each fiscal year. Such base annual fee shall be delinquent on the day following such due date . In the event the effective date of this amendment to this chapter is after July 1, 1974, the ninety-six dollar base annual fee shall be adjusted as provided in Section 5 . 32 .020 of this chapter, and shall be due and payable on the effective date of this amendment, and shall be delinquent on the date following such effective date. (Ord. 19243 7/74; Ord. 1759, 7/72 ; Ord. 1652, 8/71 ) . 128 5 .32.050--5.32.060 5 . 32.. 050 Quarterly payments--When due. Payment for the quarter consisting of October, November and December shall be due and payable on January 1; payment for the quarter con- sisting of January, February and March shall be due and pay- able on April 1; payment for. the quarter consisting of April, May and June shall be due and payable on July 1; and payment for the quarter consisting of July, August and September shall be due and payable on October 1. (Ord. 1652, 8/71) . 5. 32. 060 Quarterly payments--When delinquent. All payments for all quarters, as required by this chapter, shall be delinquent _on the thirty=first day after the day such quarterly payments are due and payable. (.Ord. 1652, 8/71) . (The next page is 129. ) i 128-1 5: 32. 070--5. 32. 110 5 . 32. 070 Definitions . For the purpose of determining the license fee : (A) A "well" is' located within the city if the surface lo- cation of the well, the surface of the well itself, or if any portion of the "well is located within the city, irrespective of the subsurface located of the well, the producing interval thereof, or where the hole of the well may be bottomed. (B) A "barrel of oil" consists of forty-two U.S . gallons of crude petroleum .or hydrocarbon substances corrected for temperature variations in accordance with methods generally ap- proved in the petroleum industry. (C) "Petroleum or hydrocarbon substances" means crude oil remaining afterthe removal therefrom of water or other impurities by preliminary processing in the vicinity of the well site , preparatory to the shipment thereof. (D) If oil produced from two or more wells shall be commingled without the production of the respective wells being separately measured, each well whose production has been commingled shall be considered. as having produced an equal part of the total. (Ord. 1651 (part) , 1971) . 5 . 32. 080 License--Renewal. Any license issued under this chapter shall be renewed annually provided all delin- quencies are paid in full and the annual base fee for the re- newal term is paid .in full prior to such renewal. (Ord. 1651 (part), 1971) . 5. 32.090 License--Suspension. The license required under this chapter shall be .automatically suspended on any one or more of the following grounds : .(A). , Fees required by this chapter have_ not been paid and are. delinquent; (B) Production statements have not been filed with the city when and as required by Section 5..32. 110; t). Failure to .comply with Section 5. 3.2 . 120. Any suspension of license : call be removed upon compliance with all provisions of this chapter. (Ord. 1651 (part) , 1971) . . 51. 32 . 100 License--Suspension not bar to prosecution. The suspension of any license, as herein provided, shall' not be a bar to the prosecution of the holder thereof for a viola- tion of any provision of this chapter or of any law or ordin- ance of the state or city. (Ord. 1651 (part) , 1971) . 5. 32 . 110 Production statement required. Every person required to have . a license under this chapter shall on or be- fore the thirtieth day of January,- April, July and October file with .the city clerk a statement setting forth such in- formation .as the city clerk -shall require, including: . (A) The name or other identification of all oil wells located in the city operated by him during any quarter; 129 5. 32. 120--5. 32. 140 (B) The number of barrels of oil produced from each of said wells during such quarter; and l (C) The computation of the amount of fee with respect to such production due the city. The statement shall be signed by the person required to have the license , or by a managing officer or agent thereof, and shall include a declaration sub- stantially worded as follows : "I declare under penalty of making a false declaration that I am authorized to make this settlement, and that to the best of my knowledge and belief it is a true, correct and com- plete statement made in good faith for . the period stated, in compliance with the provisions of the Huntington Beach Munici- pal Code. " Such statement shall not be conclusive against the city, nor shall it be conclusive as to the information set forth therein, nor shall the filing of such statement preclude the city from collecting by appropriate action any additional fee that is later determined to be due and payable. (Ord. 1759 (part) , . 1972 : Ord. 1652 (part) , 1971) . 5. 32. 120 Records required. Every person required to have a license under this chapter shall keep full, true and accurate records as to the amount of oil or gas produced' by him from wells located within the city, -and shall upon demand of the city clerk, or his representative, make said records, together with any shipping documents or sales invoices per- taining to such oil and gas available for the inspection of the city clerk,. or his. representative, _at all reasonable times. (Ord. 1651 (part) , 1971) . 5. 32. 130 Exception. Those businesses and activities for which a fee. is required under this chapter shall be exempt from any other fee required by this title. (Ord. 1651 (part) , 1971) . 5. 32.140 Penalty for delinquency, If any fee herein re- quired to be paid to the city is not paid before it becomes one month delinquent, as provided in this chapter, a penalty in an amount equal to ten percent of such fee shall be added thereto, and an additional penalty in an amount equal to ten percent of such fee for. each one month period during which such fee continues or remains delinquent shall be assessed. Such penalties shall be and become a part of such fee and shall be enforced and collected as part of such fee; provided, however, that- the aggregate .of such penalties shall not exceed one hun- dred percent of _the amount of the delinquent license fee. (Ord. 1759 (part) , 1972 : Ord. 1652 (part) , 1971) . 130 Chapter 5 .36 PAWNBROKERS , JUNK. DEALERS AND SECONDHAND DEALERS. Sections : I . PAWNBROKER 5. 36 .010 Definitions . 5. 36. 020 License required. 5. 36 . 030 Doing. business_with minor.- 5. 36..040 Hours of business . II . SECONDHAND DEALER 5. 36 . 050 Secondhand dealer defined. 5. 36.070 License required. III . JUNK DEALER 5. 36:080 Junk dealer defined: 5. 36 . 090 License required. IV. JUNK COLLECTOR 5. 36 .100 Junk collector defined. 5. 36 . 110 License required. V. CHARITABLE INSTITUTIONS 5 . 36 . 120 Filing with city council. 5.36. 130 Collectors ' I..D. cards . . VI . IDENTIFJCATION--RECORDS 5 . 36. 140 Buy form defined. 5. 36 .150 Buy form required. . 5. 36 . 160 Licensee identification. 5 . 36 . 1..70 Seller`or pledger identification. 5 . 36.180 Records--Retention. 5. 36. 190 Records--Police files . 5 . 36.200 Goods--Holding time period. 5. 36: 210 Goods--Destruction prohibited. 5 . 36.220 Goods--Altering prohibited. 5 . 36 .230, Goods--Released .by chief of police. 5. 36 .240 Police hold order. 5. 36 .250 Export prior to inspection prohibited. 5. 36. 260 Exemption--Waiting time. 5. 36.270 Exemption--Certain articles . 131 i 5. 36. 010--5. 36. 040 j Sections : (Continued) 5. 36. 280 Exemption--Purchase from established business. 5. 36 . 290 Chapter provisions furnished licensee. I . PAWNBROKER 5. 36. 010 Definitions. (A) "Pawnbroker" means any per- son engaged in any one or more of the following businesses : (1) Lending money for himself for any other person upon personal property, pawns or pledges , in the possession of. the lender; (2) Purchasing articles of personal property and re- selling or agreeing to resell such articles to the venders or assignees at prices agreed upon at or before the time of such purchase. (B) "Pawnshop" means any room, store, building or other place in which the business of pawnbroker is engaged in, car- ried on or conducted. (Ord. 959 (part) , 1963) . 5 . 36 .020 License required. Every pawnbroker shall first procure a license and pay an annual license fee as prescribed in Chapter 5. 04 of the Huntington Beach Municipal Code. (Ord. 959 (part) , 1963) . 5 . 36.030 Doing business with minor. No permittee en- gaged in managing, conducting .or carrying on the business of a junk dealer, junk collector, secondhand dealer, secondhand dealer-jewelry, or pawnbroker, or his employee or agent shall receive, buy, trade, exchange or otherwise acquire an interest in any goods or thing, from any person under the age of eigh- teen years. Any statement made to such permittee , employee `ir agent by a person under the age of eighteen. years to the sect that he is over the age of eighteen years, shall not j .A�use such permittee or employee -from any violation of this provision. (Ord. 959 (part) , 1963) . 5. 36 .040 Hours of business . A person engaged in pawn- broker, conducting, managing or carrying on the business of secondhand dealer, junk dealer or junk collector shall not, and an agent or employee of .any such person shall not, accept any pledge or loan any money upon personal property or purchase or receive any goods , wares or merchandise .or any article or thing, or. in any manner whatsoever engage in or conduct any such business beteween the hour of seven p.m. of any day and 'I the hour of seven a.m. of the following day'. (Ord. 959 (part) , 1963) . 132 I� I 5 . 36. 050--5. 36. 110 II . SECONDHAND DEALER 5. 36 .050 Secondhand dealer defined. "Secondhand dealer" means a person, other than a used car dealer or dealer in secondhand books or magazines , engaged in conduct- ing, managing or carrying on the business of buying, selling or ,otherwise dealing in secondhand goods, wares or merchandise ,. including gold,,. silver, platinum and- mercury, but does not in- clude a person who does not sell or offer to sell, secondhand goods , wares or merchandise except such as is received by such person as. payment or part payment for a new article sold by him. (Ord. 959 (part) , 1963) 5 . 36. 070 License required. Every secondhand dealer shall first procure a license and pay an annual license fee as pre- scribed in Chapter 5.04 of the Huntington Beach Municipal Code. (Ord. 959 (part) , 1963) . III . JUNK .DEALER 5. 36 . 080 Junk dealer defined. ".Junk dealer" means a per- son, not an auto wrecker and not an .oil tool exchange, having a , fixed place of business in the county and engaged in conduc- ting, managing, carrying on or maintaining any place where old rags, sacks , bottles , papers , metals or other articles commonly known as junk, except gold or silver, or platinum or mercury, are gathered together, stored or kept for shipment, sale or transfer. (Ord. 959 (part) , 1963) . 5 . 36.090 License required. Every junk dealer shall first procure a license and pay an annual fee as prescribed in Chap- ter 5.04 of the Huntington Beach Municipal Code. (Ord. 959 (part) , 1963) . IV. .JNK COLLECTOR 5. 36. 100 Junk collector defined. "Junk collector" means a person, not an itinerant oil tool exchange , and not having a fixed place of .business in.. the county, who goes from house to house , or from place to place, gathering, collecting, buy- ing, selling or. .otherwise dealing in- any old rags , sacks , bottles , .cans , -papers , metal, including gold and mercury, or other articles commonly known as junk. -(Ord 959 (part) , 1963) . . 5 . 36. 110 License required. Each junk collector shall first procure. a license and pay an annual license fee as pre- scribed in Chapter 5.04 of the Huntington_ Beach Municipal Code. (Ord.. 959 (part), 1963) . 133 5. 36. 120--5. 36. 150 V. CHARITABLE INSTITUTIONS 5 . 36. 120 Filing with city council. Any institution or organization which is conducted, managed or carried on exclu- sively for the benefit of charitable purposes from which no profit is derived either directly or indirectly by any person, other than bona fide employees thereof, which files with the council, in addition to all matters and information otherwise provided for in this chapter, a certified copy of its ar- ticles of incorporation, if any , and a statement in writing, duly sworn to by one of its officers , setting forth the pur- 'poses of such institution or organization, which sworn - state- ment includes a detailed statement as to its manner of doing business and dispensing charity, and other such information as the board requires , may obtain a business license , as prescribed in Chapter 5.04 of the Huntington Beach Municipal Code. (Ord. 959 (part) , 1963) . 5 . 36 . 130 Collectors ' I .D. cards. Such charitable in- stitution or organization shall furnish to each driver of every vehicle used to _collect discarded property for such institution, and to every individual employed to assist such driver, an identification card containing the name of the charitable institution or organization, the name and com- plete description of the driver or individual employed to as- sist a driver, including age, sex, height, weight, complexion and color of eyes and hair. (Ord. 1935 §1 (37) , 1974 : Ord. 959 (part) , 1963) . VI . IDENTIFICATION--RECORDS 5. 36 . 140 Buy form defined. "Buy form" means the name of the form or .forms furnished by the chief of police to the licensee for the purpose of recording and furnishing by the licensee to the chief of police f the required information relative to purchases , pledges or consignments. (Ord. 959 (part) , 1963) . 5 . 36 . 150 Buy form required. Every licensee under this chapter shall at the close of each business day mail to the chief of police the buy form or buy forms made out during that day. Such buy forms shall contain a full, true and com- plete report of all goods , wares , merchandise or other things on deposit, pledged or purchased, during that day, except household furniture, used tires , used batteries , which house- hold furniture, used tires or used batteries were taken in part payment for new tires or new batteries, and except mer- chandise originally sold new by the licensee and subsequently taken as a trade-in on other. merchandise sold by the same li- censee, and shall also contain other information required by the chief of police- which, considering the type of business 134 i 5.. 36'. 160--5. 36 . 200 of the licensee, may assist in the detection of stolen prop- erty. (Ord. 959 (part) , 1963) . 5. 36. 160 Licensee identification. Every licensee un- der this chapter shall enter upon the buy form positive iden- tification furnished by the seller, pledgemaker or consignee, such as driver' s license number, work badge number, auto or tract license number, junk collector's business license num- ber, in addition to the individual's true name ,and address . In lieu of the positive identification mentioned above, the licensee shall require the seller, pledgemaker or consignee to. furnish a plain impression print of his right index finger, or next finger, in the event of amputation, upon the face side of the original sheet of the buy form. (Ord. 959 (part) , 1963) . 5. 36 . 170 Seller or pledger identification. Every per- son who sells , pledges or consigns any property to any li- censee in the course of business covered by such license , ex- cept household furniture, used tires or used batteries , taken in part payment for new tires or new batteries , and except merchandise originaily sold new by the licensee and subsequent- ly taken as a trade-in or on other merchandise sold by the same licensee , shall furnish true , positive identification to the licensee by which such person can be located by the chief of police. .(Ord. 959 (part) , 1963) . 5. 36. 180 Records--Retention. Every licensee shall pre- serve for a period of two years , a copy of the buy form pro- vided for that purpose, containing a carbon copy record .'there- on of the original writing made by the licensee , agent or em- ployee, the original of which has been furnished .to the chief of police. Every such record and property pledged, purchased or received by such licensee shall be produced for inspection to any peace officer. (or( . 959 (part) , 1963) . 5. 36 . 190 Records--Police files. The chief of police shall: maintain a file of all reports received pursuant to the .terms of this chapter for a period of two years and such reports shall be open to inspection by any peace officer. (Ord. 959 (part) , 1963) . 5 . 36 . 200 Goods--Holding time period. A person, other than a .used car dealer, shall not melt, destroy, sell or otherwise dispose of any article , goods , wares , merchandise or thing obtained or used in any business for the conduct of which a license is required by this chapter until fourteen days after making a report to the chief of police as required- by Section 5. 36 . 150 that such article, goods wares , merchan- dise or thing has been purchased or received by such person, firm or corporation. (Ord. 9.59 (part) , 1963) . 135 5. 36. 210--5. 36. 260 5. 36 . 210 Goods--Destruction prohibited. A foundry or junk dealer shall not melt, destroy, sell or otherwise dis- pose of any metal- purchased or received by it which is , or by economically feasible repair can be made usable for the purpose for which it was originally designed until twenty- one days after making a report to' the chief of police as re- quired by Section 5 . 36 . 150 that such metal has .been received by the foundry or junk dealer. (Ord. 959 (part) , 1963) . 5 . 36 .220 Goods--Altering prohibited. Until any article, goods , wares , merchandise or thing pledged to or purchased by any licensee under this chapter are held for the time. required by this chapter or released by the chief of police, such li- censee shall not clean, alter, repair, paint or otherwise change the appearance of such articles , goods , wares , merchan- dise or things . At all times during business hours , he shall expose the same to public view. (Ord. 959 (part) , 1963) . 5. 36 . 230 Goods--Released by chief of police. The chief of police. may release any property covered by this chapter which he inspects , if after such inspection he is -satisfied that such property is in the lawful possession of the licensee. (Ord. 959 (part) , 1963) . 5. 36 .240 Police hold order. The chief of police may place a hold order upon any property acquired by the licensee in the course of his business for a period of ninety days , and upon release of such property may require the licensee to keep a true record of such property and included therewith the true name and . address of the person to whom such property was sold, or any other method of disposition. (Ord. 959 (part) , 1963) . 5 . 36. 250 Export prior to inspection prohibited. A li- •nsee under this chapter shall not export from this country uny goods, wares , merchandise or .hings pledged to or received by such licensee in his capacity as licensee until the chief of police has inspected and released such property. (Ord. 959 (part) , 1963) . 5 . 36 . 260 Exemption--Waiting time. The waiting period mentioned in Section 5 . 36. 210 and the making of buy forms men- tioned in Section 5 . 36 .150 does not apply to property purchased from a licensee holding a similar county license , . if in the sale of such property such licensee has complied with all the provisions of this chapter. This section does not apply to purchases made by junk dealers from junk collectors . A junk collector's license is not similar to a junk dealer's, license. (Ord. 959 (part) , 1963) . 136 I 5. 36. 270--5. 36. 290 .5. 36 . 270 Exemption--Certain articles . The provisions contained in Sections 5. 36 . 180 and 5. 36 .210 shall not be deemed to apply to the purchase or the sale by junk dealers or junk collectors of rags, bottles other than milk or cream bottles ,. -secondhand sacks other than cement sacks , barrels., cans, shoes, lamps , stoves or household furniture (with. the exception of sewing. machines. and musical instruments) , or the purchase or-. sale by secondhand dealers of household .furniture, with the exception of sewing machines , all musical instruments and typewriters . (Ord. 959 (part) , 1963) 5 . 36 . 280 Exemption--Purchase from established business . The waiting period required by Section 5. 36 .210 does not .apply to property purchased on a bill of sale or invoice from a regularly established place of business . As used in this sec- tion, an established place of business means a place of busi- ness which has been dealing in the type of articles purchased at the same location for not less than two years . (Ord. 959 (part) , 1963.) . 5. 36.290 Chapter provisions furnished licensee . A copy of this chapter shall be furnished each new licensee upon the first delivery of the buy .form by the chief of po- lice, and the licensee must be furnished with all subsequent amendments that affect the type of business. of the licensee. . Additional copies of this chapter and amendments may be pro- cured from the office of the board by the licensee upon de- mand. (Ord. 959 (part) , 1963) . Chapter 5. 40 PRIVATE PATROL SERVICE Sections : 5. 40 .010 Definitions . 5 .40 .020 Certificate of need and necessity--Required. 5 . 40 .030 Certificate of need and necessity--Application. 5 . 40.040 Business license required. 5. 40. 050 Certificate of need and necessity--Investi- gation. 5 . 40 .060 Certificate of need and necessity--Council action. 5. 40 .070 Employment of unlicensed patrolman prohibited. 5 . 40 .080 Patrolman's license--Application. 5. 40.090 Patrolman' s license--Issuance . 5. 40 . 100 Certificate of need and necessity--Modification. 5 . 40.110 Certificate--Modification--Police chief. . 137 5. 40. 010--5.40. 020 Sections : (Continued) 5. 40 . 120 Equipment used. 5 . 40 . 130 Badges and caps--Approval, 5 . 40 . 140 Badges and caps--Unlawful display. . 5 . 40. 150 Badges and caps--Surrender. 5 . 40 . 160 I . D. card and badge worn while on duty. 5 . 40 . 170 Use of badge , uniform and title. 5 . 40 . 180 Licensee not to perform police duties . 5 . 40 . 190 Rules and regulations . 5. 40. 200 Chief of police--Complaint investigation. 5 . 40. 210 Chief of police--Certificate suspension or revocation. 5 . 40 . 220 Inactive certificates . 5. 40 . 010 Definitions. As used in this chapter., unless a different meaning is apparent from the context or is spec- ified elsewhere in . the code : (A) "Patrolman" means a person engaged in one or more of the activities referred to in subsection (B) of this sec- tion, as the owner, member or employee of a private patrol service. (B) "Private patrol service" means that activity or busi- ness carried on by a person who purports to furnish, or who does furnish, or who otherwise makes- available to another, any watchman, guard or other individual, either uniformed or other- . wise , to patrol any portion of the city, or to guard or watch any property, including guarding against theft, fire or both, or to act as escort for a funeral procession, or to guard the transportation and delivery of money or other personal prop- erty , or to perform any service usually and customarily per- formed by a peace officer. For the purposes of this chapter, only, the words "private patrol service" shall also include the exclusive and regular employment of a person by one em- ployer in connection with the affairs of such employer only , where there exists an employer-employee relationship and such employee devotes the major portion of his hours of employment to one or more of the activities referred to in this section. (C) "Private patrol service" does not include the guard- ing of property of a single owner when such property is not open to the public when such guarding is done by one or more individuals , whose entire salary or wage is paid by such own- er; nor does it include service of any nature performed by an . employee whose main or principal duty is not that of guarding or protecting property. (Ord. 848 (part) , 1961) . 5 .40 .020 Certificate of need and necessity--Required. It is unlawful for any person, firm or corporation to operate or conduct any private patrol service in the city unless such person, firm or corporation has previously obtained .a certifi- cate of public need and necessity to do so as provided for in this chapter. (Ord. 848 (part) , 1961) . 138 5 . 40. 030--5. 40 . 040 5. 40. 030 Certificate of need and necessity--Application: Any person, firm or corporation, desiring to obtain a certifi cate : of public need and necessity required by this chapter shall make application therefor to the city council by filing the .same with the city clerk. Each application shall be ac- companied by a performance bond in the amount of. two thou- sand five hundred dollars as well as a fee of five dollars for . filing of the application. The bond shall be in the same form as required in Section 5.08. 130 . Said application. shall .be in writing and shall, among other things set forth the following: (A) Name, age, business and residence address .of the. applicant if a natural person; or if a corporation-, its name , date and place of incorporation, address of its place of .business and the names and addresses of its principal officers ; or if a partnership, association or unincorporated company, the names and residence addresses of the partners or of the persons comprising such association or- company; (B) An accurate map of the district, territory or area . proposed to be served by the private patrol service; : (C) A description of the methods of operation; (D) A statement in detail as to the public need and necessity for additional private patrol service in the city.; (E) . The names and addresses of all private patrolmen who are employed by the private patrol service . The names and addresses of all private patrolmen subsequently employed shall be furnished to the city clerk within ten days of the commencement of such employment; (F) A statement as to what offenses , if any, any per- son (s) mentioned in subsections (A) and (E) hereof, have been convicted; (G) A description of any mobile or station radio equip- ment including the frequency assigned by FCC to the radio transmitting equipment; (H) A description of the vehicles , including color, in- signia and. special police equipment to be used (I) One set of three standard size fingerprint cards bearing the fingerprints of each person mentioned in subsec- tions (A) and (E) hereof; (J) One identification photograph of each of the persons mentioned in subsections (A) and (E) hereof; (K) Such other information as may be required by the . city council or chief of police. (Ord. 848 (part) , 1961) . 5 . 40 .040 Business license required. Every person, . firm or corporation owning, operating or conducting a private pa- trol service in this city shall in addition to and after ob- taining the foregoing certificate of public need and necessity obtain a business license therefor and shall pay to the city the business license fee provided .for by ordinance of this city. No such business license shall be issued by the city to 139 5. 40. 050--5. 40 . 070 any person until such person is granted a certificate of pub- lic need and necessity by the city council. (Ord. 848 (part) , 1961) . 5 . 40 . 050 Certificate of need and necessity.--Investigation. Upon receipt of an application for a certificate of public need and necessity , the city clerk shall immediately refer and forward the application to the chief of police who shall - in- vestigate the character, fitness and qualifications of every person whose name appears on such application. Upon comple- tion of the investigation, the chief of police shall transmit such application to the city administrator, together with his recommendations that the certificate be granted or denied, together with his reasons therefor. After study, the city ad- ministrator shall thereupon transmit such application to the city council together with his recommendations in connection therewith. (Ord. 848 (part) , 1961) . 5 . 40. 060 Certificate of need and necessity--Council action. (A) Upon receipt of an application for a certifi- cate of public need and necessity to conduct or operate a private patrol service , the city council after consideration, shall either grant the same to the full extent requested or it shall notify the applicant that the council intends to deny the application or to grant the application, but permit oper- ations of the private patrol service in only a portion of . the territory, or by only a part of the patrolmen, or both, covered by the application. Within five days after such notification, applicant may demand a public hearing. If he does not do so, he shal be deemed to have consented or agreed to such denial or granting of the certificate. (B) Within thirty days after an applicant for a certifi- cate of public need and necessity to conduct a private patrol service, files with the city council a demand for a public hearing, the city council shall hold such public hearing and shall serve notice of the time and place thereof , five days prior to the public hearing, upon the city administrator, chief of police , the applicant and upon every person named as a patrolman in the application whom the city council intends not to allow to act as such. The mailing of such notice with postage prepaid, addressed to the applicant and to those per- sons named as private patrolmen, at the respective addresses specified in the application, shall constitute sufficient no- tice of such hearing. Nothing herein shall be construed as limiting the power of ,the city council to grant a certificate of public need and necessity to more than one private patrol service to operate in the same area. (Ord. 848 (part) , 1961) . 5 . 40 .070 Employment of unlicensed 2atrolman prohibited. It is unlawful and a misdemeanor for the owner, operator or 140 5. 40. 080l-5.. 40. 100 manager of a private patrol service to employ, or use the services of, in any way, a .private patrolman. whose name is not' on the certificate of public need and necessity issued to such !service .or agency., or who does not possess a valid and subsisting license. (Ord. 848 (part) , 1961) 5. 40 . 080 Patrolman's license--Application. Any person desiring a license to act as a private patrolman and who is or will be employed by a licensed private patrol service shall file an application with the chief of police together with any - license fee required by any ordinance of the city. Such application for a private patrolman' s license shall contain• (A) Name and address of the applicant; (B) Statement of all businesses and occupations -engaged in for the past five years and the names and addresses of not Tess than three persons also to verify such statements ; (C) A statement of what offenses , if any, the applicant has been convicted, including traffic violations ; (D). A complete set of fingerprints and an identification photograph of the applicant, taken by the police department; (E) A letter from the licensee of the private patrol service certifying that such licensee desires to employ such private patrolman and that there is an existing or contemplated vacancy authorized under the licensee 's certificate of need and necessity; (F) Such other information as the city council or chief of police may require; (G) The applicant for a private patrolman's license shall at the time of application pay the sum of two dollars in ad- dition. to any other fees prescribed by law to defray the ex- pense of investigation, identification and issuance of an identification card. (Ord. 848 (part) , 1961) . 5. 40 . 040 Patrolman' s license--Issuance. If the chief of police , after investigation, determines that the applicant . is a fit and proper person to perform the duties of a private patrolman he shall issue an identification card which shall contain: (A) The name of the licensee ; (B) The right index fingerprint; (C) The name and number of the license of the private patrol system by which the licensee will be employed; (D) The signature of the chief of police ; (E) Any other information deemed necessary by the chief of police . (Ord. 848 (part) , 1961) . 5 . 40 . 100 Certificate of need and necessit y--Modification. A private patrol service shall within five days after any pa- trolman, detective , owner, member or employee, required to be 141 5. 40. 110--5. 40. 160 licensed under this chapter, is no longer employed or associa- ted with the service or agency , notify the chief of police of that fact and shall thereupon return --to the chief of police any license and/or identification card which may have been issued hereunder to such employee. (Ord. 848 (part) , 1961) . 5. 40 . 110 Certificate--Modification--Police chief. Up- on written application by a licensed patrolman, accompanied by a written application from the private patrol service, licensed under this chapter, proposing to employ such patrolman, and upon satisfying the chief of police that such patrolman is , or will be, no longer employed by the service or agency formerly employing such patrolman, the chief of police may modify the patrolman' s license so as to designate the new employee and may modify the certificate of public need and necessity of the. services or agencies to conform to the change of personnel. (Ord. 848 (part) , 1961) . 5. 40. 120. Equipment used. The chief of police shall specify the police equipment, including weapons , which a licensee may wear while on duty. A licensee shall not wear any. equipment or weapon, or carry any weapon, not so speci- fied. (Ord. 848 (part) , 1961) . 5 . 40 . 130 Badges and caps--Approval. (A) For the pur- pose of this chapter, "badge" includes cap piece or cap badge. (B) The city council shall prescribe or approve the size, shape and inscriptions of the badges to be worn or carried by a private patrolman. The design shall be such as not to be mistaken as an official city, county or state badge, sheriff' s , marshal's or any official police badge of any city within the county of Orange or of any state officer. (Ord. 848 (part) , 1961) . 5 .40 . 140 Badges and caps--Unlawful display. It is un- lawful and a misdemeanor for any person not licensed here- under to display any badge , license or identification card prescribed for private patrolmen hereunder with intent to de- ceive another into the belief that such person has been duly licensed. (Ord. 848 (part) , 1961) . 5 . 40. 150 Badges and caps--Surrender. Whenever a pri- vate patrolman's license has been revoked, or he ceases to be employed as such, he shall immediately surrender his li- cense identification card and badges to his employer.. (Ord. 848 (part) , 1961) . 5. 40. 160 I. D. card and badge worn while on duty. While , engaged in his duties as such, within the city limits , a pri- vate patrolman shall keep upon his person at all times , his u 142 5. 40. 170--5. 40. 180 identification card and shall wear or carry the badge pre7 scribed by this chapter and shall not wear, carry or display, any other. badge of any kind whatsoever. ` (Ord. .848 (part) , 1961) . 5 .40 . 17.0 Use of badge , uniform and title. . The follow- ing criteria shall apply to the use of private patrolmen' s badges , uniforms and titles : (A) It is unlawful for any person to give , deliver :to or sell a private patrolman' s badge or any badge of a de- sign the same as , or so similar to the badge prescribed hereunder, as to be mistaken therefor, to any person not li- censed pursuant. to the provisions hereof. . (B) It is unlawful for any person to purchase or re- ceive as a gift, pawn or pledge any badge issued by the pri- vate patrol service pursuant to the provisions hereof. (C) I.t is unlawful for a patrolman to wear any uni- form which is an imitation of, or can be readily mistaken for, an official sheriff' s uniform or any official uniform of the police department of any city within the county of Orange , or an official uniform of any state officer. Patrol- men licensed hereunder shall wear, while on duty as such patrolmen, a uniform of slate-gray colored material; pro- vided, however, that the chief of police may by written or- der authorize a patrolman to perform his duties in clothing other than a uniform. (D) It is unlawful for a private patrolman to assume or use a rank or title the same as , or similar to, any .rank or title used by the sheriff or by any police department . within the county of Orange. (E) It .is unlawful and a misdemeanor for any private patrol service to use , grant, bestow or permit any employee to assume or use any rank or title the same as or similar to, any rank or title . used by the sheriff or by any police depart- ment within the county of Orange. (Ord. 848 (part) , 1961) . 5 . 40 . 180 Licensee not to perform police duties . It is unlawful and a misdemeanor for any licensee hereunder to per- form any official police duties . He shall immediately re- port in the most expeditious manner every violation of law and every unusual or suspicious occurrence or activity coming to his attention in the performance of his duties, • to the nearest police officer or to the Huntington Beach police .department. ' A licensee shall then make a full report, in writing, in the form prescribed by the chief of police of such violation or other unusual or suspicious occurrence without unnecessary delay to the Huntington Beach police de- partment. (Ord. 848 (part) , 1961) . 143 5. 40. 190--5. 40. 210 5. 40. 190 Rules and regulations. Subject to the ap- proval of the city administrator, the chief of police may make such rules and regulations not inconsistent with the requirements hereof, governing the operations of licensees hereunder. (Ord. 848 (part) , 1961) . . 5. 40 . 200 Chief of police--Complaint investigation. All complaints regarding the activities of the licensee shall be investigated by the chief of police. Reports of such com- plaints shall be held in the files of the police department and shall be subject to inspection by the city- administrator or city council at all times . (Ord. 848 (part) , 1961) . 5 . 40. 210 Chief of police--Certificate suspension or re- vocation. The following shall be criteria for the suspension and revocation of licenses and certificates of public need and necessity: (A) If as a result of a complaint regarding the activi- ties of a licensee , the chief of police is satisfied that a violation hereof has been committed or such licensee has engaged in any serious misconduct, prejudicial to the faith- ful discharge of the duties required to such licensee , he may suspend the license and certificate of public need and neces- sity forthwith and recommend to the city administrator and city council that the license and certificate of such pri- vate patrol service or private patrolmen be suspended for a certain period of time or be revoked. (B) Within five days after suspension of a license .and/ or certificate of public need and necessity by the chief of police , the licensee may demand a public hearing by filing such demand in writing with thy city clerk. If the licensee does not make and file such demand within the five day period he shall be deemed to have consented and agreed to a full rev- ocation of his license and certificate of public need. and necessity. If such demand is made with the time specified, the city council shall fix a time and place for the hearing of the issue of the suspension or revocation of the license and/or certificate and shall cause the city clerk to serve the licensee with notice of the time and place of the hearing, . together with a statement of the charges which are the basis for the hearing at least ten days prior to the time fixed for the hearing. (C) The city clerk may serve the aforementioned notice of statement upon the licensee personally or upon said li- censee by delivering the same by registered United States mail, postage prepaid, to the licensee at address given in his application for the license and certificate. (D) The hearing shall be public and the licensee shall have the right to produce witnesses on his behalf and to be represented by counsel. 144 5 . 4.0.220' (E) Failure on the part of the licensee to appear be fore the city council at the time and place. fixed shall con stitute a forfeiture of the license or licenses and certifi cate of public need and necessity. (F) The findings and decision "of the council upon such . hearing shall .be final and conclusive. (G) In the event that the certificate and . license of,.". any licensee is revoked by the city council, such person shall not be granted a new certificate and/or license for a period of six months after the date of such revocation. (Ord,.. 848 (part) , 1961) . 5 . 40 .220 Inactive certificates. (A) All businesses , services and operations which are required to obtain certi- ficates of public need and necessity shall be deemed inactive and. the certificate of public need and necessity shall be sub- ject to revocation in accordance with the procedures set . . forth in this section., whenever the .business , operation or service has ceased to function for a six-month- period.. (B) . No certificate of need and necessity shall be revoked pursuant to this section without a hearing before the city council duly noticed by giving ten days ' ' notice by certified mail to the holder thereof. At such hearing, the holder shall have the burden of showing good cause why the certificate should not be revoked. (C) From and after revocation of certificate, pursuant to this section, it shall be unlawful to operate or conduct business or services without obtaining another certificate . of public need and necessity. (Ord. 1688, 1971) . Chapter 5. 44 RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES Sections 5. 44.010 Entertainment permit required. .. . : 5. 44. 020 Definitions . 5A4. 030 Entertainment permit--Application. 5. 44 .040 Permit--Application fee. 5. 44. 050 Permit-=Granting. 5. 44 . 060 Permit--Period valid. 5. 44 .070 Permit--Denial--Appeal. 5. 44 .080 Exclusions. 5. 44.090 Revocation of permit. { 5. 44 . 100 Revocation of permit--Reapplication when. t .5. 44 . 110 Revocation of permit--Hearing. 145 5. 44 . 010--5. 44 . 040 5. 44 . 010 Entertainment permit required. No person shall provide or permit any type of entertainment in a coffee shop, restaurant 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 city adminis- trator as hereinafter provided. (Ord. 1454 (part) , 1968 : Ord. 1265 (part) , 1966) . 5. 44 .020 Definitions. (A) "Restaurant" or place where food or other refreshments are served shall include .any place . or premises where alcoholic beverages only are served. (B) "Entertainment" shall include any presentation or activity of any nature which is designed or intended to divert, amuse or attract the attention of persons observing such pre- sentation in which live models appear before an audience of any number of persons . (Ord. 1265 (part) , 1966) . 5 . 44. 030 Entertainment permit--Application. Applicants for entertainment permits shall file a written, signed and acknowledged application with the city clerk showing: (A) The name and permanent address of applicant; (B) A detailed description of .the entertainments , in- . cluding type of entertainment , number of persons engaged in the entertainment, purpose of the entertainment, and any further information about the entertainment as the city ad- ministrator may deem necessary; (C) The date , hours and location where the entertain- —' ment is proposed, and the admission fee , if any, to be charged;. (D) The name . or names of the person or persons having the management or supervision of applicant's business ; (E) The length of residence of applicant within the city; (F) A statement of the nature and character of appli- cant' s business , j.f any, to be carried on in con3unction with such entertainment; (G) 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; . (H) Such other reasonable information as to the iden- tity or character of the person or persons having the manage- ment or supervision of applicant's business as the city ad- ministrator may deem necessary. (Ord. 1454 (part) , 1968 : Ord. 1265 (part) , 1966) . 5. 44. 040 Permit--Application fee. A fee of twenty- five dollars shall be paid upon the filing of each applica- tion for a permit for the purpose of defraying the expenses incidental to the processing of the application. (Ord. . 1265 (part) , 1966) . 146 5. 44. 050--5. 44. 090 5. 44.050 Permit--Granting. After the making and filing _ of the application, the city clerk shall refer .the matter. to the chief of police for investigation and report thereon. If satisfied as to the good character of the applicant; and that the entertainment, as proposed, will not be detrimental to the public welfare , the city administrator shall grant a permit: (Ord. 1444 (part) , 1968 : Ord. 1265 (part) , 1966) . 5. 44 . 060 Permit--Period valid. . The permit shall be . 1 granted for the specific occasion requested, or if the re quest is for continuous permit, the permit shall be issued for not longer than one year. (Ord. 1265 (part) , 1966) . 5.44.070 Permit--Denial--Appeal. If the city adminis- trator refuses to grant the permit, applicant may, .within ten days after the mailing of the notice of refusal to grant . the .permit, file an appeal in writing with the city clerk. The city clerk shall set the appeal for hearing before the city council, and shall give applicant ten days ' written notice prior to the date. the appeal is to be heard. . (Ord. 1444 (part) , 1968) . 5. 44 . 080 Exclusions . The provisions of Section 5. 4.4. 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 fairgound; (D) For entertainment conducted by or sponsored by any bona- fide -club , society or association, organized or incor- porated 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. (Ord. 1265 (part) , 1966) . 5.44 . 090 Revocation of permit. The city council may revoke or suspend the permit and license of any person holding same in the city, upon receiving satisfactory evidence that the licensee or permittee has been convicted of, or has en- tered 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 upon the recommenda- tion of the chief of police. The chief of police may recom- mend revocation of any permit issued or granted under Section 5. 44. 030 if, after investigation, he determines the appli- cant or his employees are not of good character or that the 147 5. 44 . 100--5 . 44. 110 entertainment is detrimental to the public welfare or that permittee, or his employees , are engaged in immoral, improper or otherwise objectionable conduct or behavior. (Ord. 1265 (part) , 1966) . 5 . 44. 100 Revocation of permit--Reapplication when. 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. (Ord. 1265 (part) , 1966) . 5. 44 .110 Revocation of permit--Hearing. No permit shall be revoked until a hearing thereon shall have been had by the city council, notice of which hearing shall have been given in writing and served at least ten days prior to the date of such hearing upon the holder of such permit, his manager or agent, which notice shall state the grounds of the complaint against the holder of such permit, and the time and place where such hearing will be held.. Such notice shall be served on the holder of such permit by delivering the same to such holder, his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult per- son. If the holder of such permit cannot be found and ser- vice of such notice cannot be made upon him in the manner herein provided, then a copy of such notice shall be addressed to the holder of such permit ,at such place of business and deposited in. the United States mail at Huntington Beach, California, with postage thereon fully prepaid, at least ten days prior to date of such hearing. The time of such notice may be shortened by the city council with the written con- sent of the holder of the permit. (Ord. 1265 (part) , 1966) . Chapter 5. 48 . TAXICABS--VEHICLES FOR HIRE Sections : 5. 48. 010 Definitions . 5. 48.020 Certificate--Required. 5. 48. 030 Certificate--Application. 5 .48.040 Certificate--Investigation and hearing. 5 . 48. 050 Certificate--Issuance. 5. 48. 060 Certificate--Application denial . 5 . 48. 070 Liability insurance. 5. 48. 080 Certificate--Grounds for revocation. 5. 48. 090 Changes of operation. 5 .48. 100 Rate schedule--Taxicabs . 148 5' 48 0.10 Sections : (Continued) .5. 48. 110 Rate schedule--Other vehicles . 5. 48. 120 Annual vehicle fee. 5 .48. 130 Cruising prohibited. 5.48. 140 Taximeters. 5. 48. 150. Taxicab identification lights . 5 .48. 160 Operation of taximeter. 5. 48. 170 Registered fare--Request for receipt. 5. 48. 180 Standing taxicab on public street. 5. 48 . 190 . Taxicab--Passenger right of exclusive use. 5. 48. 200 Direct route requirement. 5.48. 210 Taxicab--Business license prepayment. ._ 5 .48. 220 Solicitation of taxicab passengers .. . .. 5. 48. 230 Taxicab--Mechanical condition. 5 .48. 240 Refusal to pay fare. 5. 48. 250 Taxicab--Driver's license and permit. 5. 48. 260 Taxicab--Information posted within. 5 . 48. 270 Taxicab--Charge regulation. 5. 48. 280 Taxicab--Passenger compartment maintenance. 5. 48. 290 Taxicab--Fire extinguisher. 5. 48. 300 Taxicab--Operation certificate. and license. 5. 48. 310 Taxicab--Identification. 5. 48. 320 Twenty-four hour service required. .5. 48. 330 Driver' s permit--Application. 5. 48. 340 Driver' s permit--Personal appearance. .5. 48. 350 Driver' s permit--Temporary permit. 5. 48. 360 Driver identification card. 5 . 48. 370 Driver' s .permit--Term--Renewal. 5 . 48. 380 Driver' s permit--Revocation. . 5. 48. 390 Driver's permit--Refusal--Appeal.. . 5. 48. 400 Permit and certificate- nontransferable. 5. 48. 010 Definitions . For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions , unless it is ap- parent from the context that a different meaning is intended. (A) "Certificate" means a certificate of public con- venience and necessity issued pursuant to this chapter. (B) "Public transportation vehicle" means a motor-pro- pelled vehicle, not. otherwise defined in this section, used in the business of transporting passengers over the streets of the city for hire, whether or not the operations extend. beyond the boundaries of the city. (C) "Sight-seeing automobile" means a motor-propelled vehicle used for the purpose of transporting passengers over the streets for sight-seeing, showing points of interest or exhibiting lands , houses , property or other things or objects when a fee is charged or compensation is obtained from passen- gers or elsewhere. 149 5. 48 . 020--5. 48 , 030 (D) "Taxicab" means an automobile or motor-propelled vehicle with distinctive markings or color regularly engaged in the business or carrying passengers for compensation or rates based upon distance traveled or time elapsed upon any public street in the city, not over a regular or defined route, and whether or not the operation extends beyond the boundaries of the city. (Ord. 1368 (part) , 1967) . 5. 48. 020 Certificate--Required. No person shall solicit or pick up passengers in the city, or engage in the business of operating any of the vehicles defined in Section 5. 48. 010 within the city , without having first obtained a .separate certificate of public convenience and necessity for each such business , as required by this chapter; provided, however, that no such certificate issued by the city shall be required for any operations for which a certificate of public conve- nience and necessity is needed and has been granted by the Public Utilities Commission of the state of California. (Ord. 1368 (part) , 1967) . 5. 48. 030 Certificate--Application. An application for a certificate shall be filed with the city clerk upon forms provided by the city. The application must be signed by the applicant and-be accompanied by a fee of twenty-five dollars , plus ten dollars for each vehicle the applicant proposes to use in the business , and shall contain or be accompanied by the following information: (A) The name and address of the applicant, and, if the same be a corporation, the names of its principal officers , of, if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the the association or company, with the address of each; (B) A complete schedule of the rates proposed to be charged for each type of vehicle; (C) A description of every motor vehicle which the ap- plicant proposes to use , including trade name , motor or serial number, state license number and body style; (D) ' The location of the business and the place where the applicant proposes to keep such taxicab or ambulance while not actually engaged; (E) The distinct color scheme, name, monogram and insignia which shall be used on each taxicab, ambulance or other vehicle ; M The name of the legal and registered owner of each such vehicle ; (G) A balance sheet showing the financial status of the applicant, including assets , liabilities and specifically the amounts of all unpaid judgments against the applicant, and the nature of the transaction or event giving rise to such judgments ; 150 5. 48. 040--5. 48. 050 (H) . The experience of the applicant in. the business or businesses for which he is seeking a certificate - or certificates ; (I) Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate; (J) Such further information as the city .clerk may . require. (Ord. 1368 (part) , 1967) . 5. 48. 040 Certificate--Investigation and hearing. Upon receipt of any such application for a certificate, the city clerk shall, upon determining the application to be in or- der,' refer the matter to the chief . of police for investiga- tion. In the course of the investigation, the chief of police shall inspect the vehicles and equipment and may require the. applicant or any person named in the application to be photo- graphed and fingerprinted. The chief of police shall com. plete :his investigation within thirty days , unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the city clerk regarding the moral character of the applicant and other persons named in the application and the adequacy and safety of the vehicles with respect to cleanliness , equipment, safety devices , brakes , lights and obsolescense. Upon receipt, of the report, the city clerk shall set the same for hearing before the city council. The city clerk shall give notice of the time so set at least five days before the date .of the hearing to .the applicant by mail at the address set out in such application, and to all. persons to whom certificates of public convenience and neces- sity have been theretofore issued. The city council shall render its decision within sixty days after the matter if first set. for hearing before it. . (Ord. 1368 (part) , 1967) . 5. 48.050 Certificate--Issuance. At the time set for the hearing of such application, the city council may ex-. . amine the applicant and all persons. in terested. in. the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity re- quire the issuance of the certificate applied for, and if it is found by the council that the public interest, con- venience and necessity require the issuance of the cer.tifi cate applied for, it shall order the city clerk to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in Section 5. 48.070 , and subject to such conditions as may be imposed by the city council , including the minimum and maximum number of vehicles that may be used. (Ord. 1368 (part) , 1967) . 151 5. 48 . 060--5. 48 . 070 5. 48. 060 Certificate--Application denial. If the city council finds any of the following conditions to exist it shall deny the application: (A) The application is not in the form and does not contain the information required to be contained therein by this chapter; (B) The equipment , safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used; (C) The color scheme, name, monogram or insignia to be used upon such vehicles or in the business resembles the color scheme , name , monogram or insignia used by another person, firm or corporation in the same business in the city and therefore may tend to deceive or defraud the public; (D) The applicant has within the past two years -had an application for such a certificate denied for cause; (E) There is a sufficient number of vehicles of the type described in the application operating in the city to fully serve the public, that the granting of more certifi- cates would unduly congest the traffic and interfere with the free use of the public streets by the public, or that the best interests of the public do not demand and neces- sity does not require the issuance of such permit. (Ord. 1368 (part) , 1967) . 5 . 48. 070 Liability insurance. Subject to all other applicable regulations and conditions under which it is issued, the certificate shall authorize the conduct of the business only during the time the certificate holder has on file with the city clerk a document issued by an insur- ance company evidencing that the certificate holder is in- sured -under a liability insurance policy providing mimimum coverage in the following amounts : (A) Combined single limit bodily injury and/or prop- erty damage including products liability, one million dollars aggregate . (B) Additional insured endorsement. The insured agrees that the city, and/or members of the Huntington Beach city council, and/or all city council-appointed groups , committees , commissions , boards and any other city council- appointed body, and/or elective and appointive officers , servants or employees of the city, when acting as such are additional assureds hereunder. (C) Hold harmless agreement. .The insured agrees to protect, defend, indemnify and save harmless the city against loss , damage or expense by reason of any suits, claims., de- mands , judgments and causes of action caused by the insured, his employees , agents or any subcontractor arising out of or i in consequence of the performance of all operations covered by this certificate. 152 5 . 48. 080--5. 48. 090 Such document evidencing insurance shall provide that the . : city shall be given thirty days prior written notice. of any cancellation, termination or change in the amount of. such insurance coverage. (Ord. 1882 ,. 1973 : Ord. 1368 .(part) 1967) . 5. 48. 080 Certificate--Grounds for revocation. Any . certificate or permit granted under the provisions of this chapter may be revoked by the city council, either as a whole or as to any person or vehicle described therein or as to the right to use any distinctive color, monogram or insignia, after five days ' notice to the certificate holder requiring him to appear at a certain time and place to show cause why the certificate should not be revoked, for any of the follow- ing reasons (A) That the document required by Section 5. 48. 070 has not been filed or has been withdrawn or lapsed or. is not in force for any reason; (B) For the nonpayment of any city business license or other fees provided by this title (C) For the breach of any rules , regulations or condi- tions set out in this code or the certificate ; (D) For the violation of any of the laws of the state or the city with respect to the operation of the business by any certificate holder, or repeated violations by operators. drivers of any vehicle covered by 'such certificate; t) For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia des- cribed in the application, or for deviation from the schedule of rates and fares set forth in the application; (F) For any cause which the city council finds makes it contrary to the public health, interest, convenience , necessity or general welfare for the certificate or permit to be continued. (Ord. 1368 (part) , 1967) . 5 . 48.090 Changes of operation. (A) In the event any certificate holder desires to change the color scheme or any monogram or insignia used on a vehicle , or to substitute any vehicle for a vehicle described in the application, or to increase or decrease the number of vehicles used, application to the city council shall be made for permission to do so, and the city council shall grant such permission if it deems the public interest , convenience and necessity will be served by the change , and if the certificate. holder has complied with all the provisions of this chapter.. (B) If application is made to increase the number of vehicles , payment of the annual vehicle fee for each addi- tional vehicle, requested shall be made at the time of appli- cation. Fees tendered for additional vehicles which the city 153 5. 418 . 100--5. 48. 130 council does not permit shall be refunded. No refund of. the annual vehicle fees paid shall be made when the city council grants permission to reduce the number of vehicles . (Ord. 1368 (part) , 1967) . 5. 48. 100 Rate schedule--Taxicabs . Each person seeking a certificate of public convenience and necessity for the op- eration of taxicabs in the city shall file a proposed sched- ule of rates . The city council shall by resolution estab- lish a schedule of rates applicable to all taxicabs and may, upon its own motion or upon the application of any person holding a certificate of public convenience and necessity, modify or amend such schedule. No rates shall be established, modified or amended without a hearing before the city council. Written notice of the hearing shall be given to each certifi- cate holder at least five days before the hearing and the city council may direct other notice be given as it deems necessary. (Ord. 1368 (part) , 1967) . 5 . 48. 110 Rate schedule--Other vehicles . Each person holding a certificate of public convenience and necessity. for the operation of vehicles other than taxicabs shall file a proposed schedule of rates with the city clerk. The sched- ule of rates shall be submitted to the city council for ap- proval and no change shall be made in any rates approved by the city council without prior approval by the city council. No person shall charge rates other than those so approved. No hearing is necessary for the approval of these rates or changes therein. (Ord. 1368 (part) , 1967) . 5 . 48. 120 Annual vehicle fee. Each holder of a certifi- cate issued hereunder shall pay an annual fee for each fis- cal year or portion of a fiscal year for each vehicle oper- ated in accordance with the following schedule: For one taxicab $100 .00 For each additional taxicab 30. 00 For one vehicle other than taxicab, defined in Section 5 . 48. 010 25. 00 For each additional vehicle other than taxi- cab so defined 10 . 00 The fees are due July 1st of each year and if not paid become delinquent August 1st of each year. (Ord. 1368 (part) , 1967) . 5. 48. 130 Cruising prohibited. No driver of a vehicle, other than a taxicab, defined in Section 5. 48. 010 , shall cruise in search of passengers . (Ord. 1368 (part) , 1967.) . 154 5. 48. 140-.-5. 48. 190 5. 48. 140 Taximeters . All- taxicabs operated . under the authority of this chapter shall be equipped with taximeters .of a-type - and design approved by the chief . of police , located in the vehicle so as to render the figures visible to the passengers at all times of the day or night, and after sun- down the face of the taximeter shall be illuminated. No other fare shall be charged than is recorded on such taxi- meter. Such taximeter . shall be subject to inspection from time to time- by the chief of police or his authorized rep- resentative , and the chief of police shall compel the owner to discontinue the operation of any taxicab in which the taximeter is found to calculate inaccurately until such taxi- meter is replaced by one approved by the chief of police or . is adjusted to his satisfaction. , (Ord. 1368 (part) , 1967) . 5 . 48. 150 Taxicab identification lights . Each taxicab shall be equipped with a single light on top of the vehicle to be lighted to indicate the vehicle is available for hire. (Ord. 1368 (part) , 1967) . 5 . 48. 160 Operation of taximeter. No driver .of a taxi- cab shall fail to engage the taximeter at the be of a trip when the taxicab is hired by a passenger or fail to promptly disengage the meter at the termination of the ser- vice. (Ord. 1368 (part) , 1967) . 5. 48. 170 Registered fare--Request for receipt. No driver shall charge any fare or fee other than that regis- tered on the taximeter or fail or refuse to give a receipt for the amount charged upon the request of the person paying the fare. (Ord. 1368 (part) , 1967) . 5. 48. 180 Standing taxicab on public street. No person shall cause or permit a taxicab to remain standing upon any portion of any public street within the city , except for loading and unloading passengers , and then not for a period of more than five minutes , excepting at such stands as may be designated by the city council. This section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger. (Ord. 1368 (part) , 1967)' . 5. 48. 190 Taxicab--Passenger right of exclusive use. No operator or owner of any taxicab shall solicit or carry any additional passenger after such taxicab has been engaged, or while in use by a passenger, without the consent of the passenger first engaging the same having first been obtained. A passenger or passengers engaging such taxicab shall have the exclusive right to full and unimpaired use of the pas- senger compartment and the whole thereof, if he desires the same. (Ord. 1368 (part) , 1967) . 155 5. 48 . 200--5. 48. 270 5. 48. 200 Direct route requirement. No person who is the driver of any taxicab shall carry any passenger to his destination by any route other than the most direct and ac- cessible route. (Ord. 1368 (part) , 1967) . 5. 48. 210 Taxicab--Business license prepayment. No per- son shall operate any taxicab business without prepaying any license fee required by the city for the transaction of any such business . (Ord. 1368 (part) , 1967) . 5. 48. 220 Solicitation of taxicab passengers . No driver of a taxicab shall leave the side of his vehicle to solicit passengers in a louder tone of voice than that used in ordi- nary conversation. (Ord. 1368 (part) , 1967) . 5 . 48. 230 Taxicab--Mechanical condition. No person shall operate a• taxicab that is not in good mechanical con- dition. (Ord. 1368 (part) , 1967) . 5. 48. 240 Refusal to pay fare. (A) No person shall -re- fuse to pay the legal fare for the, hire of any taxicab, after having hired the same . (B). No person shall hire any vehicle described in this chapter with the intent to defraud thy person from whom it is hired of the charges or fare. (Ord. 1368 (part) , 1967) . 5. 48. 250 Taxicab--Driver's license and permit No. per- son shall drive a taxicab in the city without first having ob- tained a taxicab driver's permit issued by the chief of po- lice , as provided in this chapter. (Ord. 1368 (part) , 1967) . 5 . 48. 260 Taxicab--Information posted within. Every taxicab shall have visibly posted in the passenger's compart- ment a schedule of rates and charges for the hire of the ve- hicle established by the city council, a card bearing the driver' s name and address as hereinafter provided, and another card bearing the owner' s name , address and telephone number, the cab number and the city police department telephone num- ber, all contained in a small metal container or holder, at least three by four inches in size and placed in a conspic- uous place in the passenger compartment. (Ord. 1368 (part) , 1967) . 5. 48. 270 Taxicab--Charge regulations. No charge shall be, made by a driver or operator of a taxicab lower than or in excess of the rates posted in the passenger compartment of the taxicab. A flat rate which is less than but not in ex- cess of the round trip meter rate, plus waiting time, may be charged for trips outside the city, where the one-way dis- tance of the trip is greater than six miles . (Ord. 1368 (part) , 1967) . 156 5 . 48. 280--5. 48. 330 5. 48. 280 taxicab--Passenger compartment maintenance. No taxicab shall be operated unless the passenger compact- ment is kept in a clean and sanitary condition. (Ord. 1368 (Part) , 1967) . 5. 48. 290 Taxicab--Fire extinguisher. Every taxicab shall be equipped at all times with a standard type fire ex- 'tinguisher in good working condition. (Ord. 1368 (part) , " 1967) - 5 . 48. 300. Taxicab--Operation certificate and. license. No person shall solicit or pick up passengers for pay within the city for transportation in any cab, taxicab, autombile, station wagon or bus who is. not licensed by and carrying a. certificate to do so from the city council , except passengers for buses operating under authority of the Public Utilities Commission. (Ord. 1368 (part) , 1967) . 5. 48. 310 Taxicab--Identification. Every certificate holder shall designate each of his taxicabs by number, and no two taxicabs of any certificate holder shall be designated by. ,the same number. The name or trade name of the certifi- cate holder and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof. (Ord. 1368 (part) , 1967) 5 . 48 . 320 Twenty-four hour service required. No per- son who operates a taxicab business or an ambulance business shall fail to provide taxi service and ambulance service, respectively, for twenty-four hours a day and seven days a week. (Ord. 1368 (part) , 1967) . 5 .48. 330 Driver' s permit--Application. No person shall drive or operate any vehicle described in this chapter in the city without first obtaining a permit in writing so to do from the chief of police. Any person desiring to obtain such driver' s permit shall make a written application the to the chief of police accompanied by a fee of five dol- lars. No permit shall be issued to any person under. the age of eighteen years , to any person not a citizen of the . United States unless such person has lawfully declared his intention of becoming such, or to any person who is incom- petent or for any reason whatsoever unable to safely handle . such vehicle . No permit shall be issued to any person who has been convicted of a felony, or within the period of two years immediately preceding such application has been con- victed of reckless driving or driving a vehicle upon a high- way while under the influence of intoxicating liquors or drugs , or who has been convicted of violating any provi- sions of the Alcoholic Beverage Control Act of the state of 157 5. 48 . 340--5.. 48 . 370 California, unless such person shows to the satisfaction .of the chief of police that issuing a driver's permit to him would not in any way be contrary to the public interest, welfare or safety. Each such applicant shall demonstrate his skill and ability to safely handle his vehicle in driving it through the crowded sections of the city accompanied by an inspector designated by the chief of police. No driver's per- mit shall be granted to any person who is not of a _good moral character or who cannot speak the English language or who does not hold a chauffeur' s license issued by thy Motor Ve- hicle Department of the state, or who is not sufficiently acquainted with the laws or ordinances regulating the oper- ation of motor vehicles . Any falsification on the application for the permit will be grounds for refusal of the permit. (Ord. 1368 (part) , 1967) . 5 . 48. 340 Driver's permit--Personal appearance. Before a permit is granted to any applicant, the applicant shall present himself to the police department, be photographed or furnish an acceptable photograph, and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of the police department. ,(Ord. 1368 (part) , 1967) . 5 . 48. 350 Driver's permit--Temporary permit. Pending the completion of the investigation of an applicant, the chief of police may grant a temporary permit to a person who has made application for a driver's permit and appears to be qualified for such permit. The temporary permit shall auto- matically expire sixty days from the date. it was issued or upon issuance of a regular driver's permit. The chief of po- lice shall summarily revoke any temporary permit when he de- termines not to issue a driver's permit to the applicant. (Ord. 1368 (part) , 1967) . 5. 48. 360 Driver identification card. Upon obtaining the regular permit, the driver or operator shall at all times keep posted in full view in the vehicle operated by him an identification card furnished by the chief of police , which shall have plainly printed thereon the name of the. driver or operator, his business address and telephone number, his permit number and his photograph . (Ord. 1368 (part) , 1967) . 5 . 48. 370 Driver' s permit--Term--Renewal. All driver's permits shall expire at the end of the calendar year for which issued. Applications for renewal shall be made on or before December first of each year for the following cal- endar year. If so made within the period prescribed the charge for renewal shall be two dollars . The permits are personal and nontranferable. (Ord. 1368 (part) , 1967) . 158 ,5 .48.380--5 .52.020 5.. 48, 38.0 . Driver' s permit--Revocation. The chief of police may revoke or suspend any such driver' s permits so is— sued for any violation of the provisions of this chapter by . .t.he holder .of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such facts existed -At the time application was made for such permit or came into exi'stence ' thereafter. .(Ord. 1368, 11/67) . 5 . 48. 390 Driver' s permit--Refusal--Appeal. . In the event of a refusal, revocation or suspension of any driver's permit by the chief of police, the applicant or permittee may appeal from the decision to the city council, which may in its discretion affirm, reverse or modify the decision made by the chief of police (Ord. 1368, 11/61) . 5. 48. 400 Permit and certificate nontransferable . No certificate -or permit issued under the terms of this chapter shall be transferable either by contract or operation of law without the permission of the city council having been first obtained. (Ord. 1368, 11/67) . Chapter 5 .52 MOTION PICTURE THEATERS Sections : 5. 52 .010 Exemptions--Noncommercial exhibitions . 5. 52. 020 Permit--Requirement . 5.52 .030 Permit--Application. 5. 52 .040 Building prerequisites . . 5 -52. 050 Permit prerequisite to license. . 5 . 52. 010 Exemptions--Noncommercial exhibitions. The permit provisions of this chapter shall not apply to any motion picture exhibition room or auditorium in any school building or premises of any religious organization in this city which exhibition is being conducted under authority and direction of such school or religious organization. (Ord. 1894, 1/74; Ord. 152, 2/15 ) . 5.52. 020 Permit--Requirement. No person shall hold, conduct or carry on, or cause or permit to be held, conducted, or carried on, any motion picture exhibition, .or any enter— tainment at which motion pictures are exhibited, without a 159 5 . 52.020--5 .52 .050 r,crrnit therefor in writing, granted by the council, as herein- after provided. (Ord. 152, 2/15) . 5. 52 .030 Permit--Application. Any person desiring to obtain a permit to hold, conduct , or carry on a motion picture exhibition, or any entertainment at which motion pictures are exhibited, shall file an application in writing therefor with the council, specifying the place where such exhibition or entertainment is proposed to be held, conducted or carried on, which said application shall be signed by the applicant. (Ord 152 , 2/15 ) . 5 .52. 040 Building prerequisites . No permit to hold, conduct or carryon a motion picture exhibition, or any en- tertainment at which motion pictures are exhibited shall be granted by the council unless the building .or room in which said exhibition or entertainment is to be held or carried on, shall conform to all of the provisions of the Uniform Building Code and the Uniform Fire Code and any future amendments or additions appertaining thereto. (Ord. 1894, 1/74; Ord. 152, 2/15 ) . 5 . 52. 050 Permit prerequisite to license . The city clerk shall not issue any license to hold, conduct or carry on a motion picture exhibition, or any entertainment at which motion pictures are exhibited, until the council shall have granted. a permit therefor, as provided in this chapter. (Ord. 152, 2/15) .`" (Next page is 161) 160 Title 6 (RESERVED) 161 7 . 04.010 Title 7 ANIMALS Chapters : 7. 04 General Provisions -7.08 Animal Control--Impoundment 7.. 12 Dog and Cat Licensing,. Vaccination and . Br.eeding 7. 20 Farm Animals and Fowl 7.27 ild. Animals . and Reptiles 7 25 Animal Care and Control . Commission Chapter 7 .04 GENERAL 'PROVISIONS Sections :. 7 . 04. 010 Definitions . 7 . 0.4. 020 Animal premises kept clean. .7. 04. 030. Keeping animals near inhabited structures. 7. 04. 040 Dead--Dies in veterinary. 7 .04 .050 Dead--Retention. 7. 04 . 060 Dead--Carcass disposal. 7. 04.-070 , -Manure--Storage and removal. 7. 04 .080 Manure--Premises ordered cleaned. 7.04. 090 Animals prohibited in food handling premises . 7: 04 . 100 .Transporting on motor vehicles 7.04 .110 License fee a debt . 7. 04 .120 Diseased--Keeping prohibited when. .7. 04.130 Rabies--Provisions applicable. 7. 04.140 Noisy animals . 7. 04.150 Traps prohibited, 7 . 04. 160 Provisions interpretation. 7 .04. 170 Exercise of authority. 7 . 04. 010 Definitions . For the purpose .of .this chapter unless it is plainly evident from the context that a. different meaning is intended, certain terms- used herein are defined .as follows : (a) "Animal" includes any beast, poultry, bird, reptile, fish or any other dumb animal . ' (b) "At large" means an animal off the premises :of its owner unless such animal be securely confined by a strong leash securely. .and continuously held .by the .owner of such animal, or confined within an .:automobile. 163 7 .04.020--7 .04 .a5a (c ) . "Cat kennel" means any place where three (3) or more feline animals are kept or permitted to remain. (d ) "Dog or cat" includes female as well as male dogs or cats . - (e ) "Dog kennel" means any . lot, building, structure , enclosure or premises wherein three (3) or more canine animals over the age of four (4) months are kept or permitted to remain. (f) "Horse" includes mule, burro, pony, jack, hinny or ,jenny. (g) ".Owner" means any person, firm .or corporation owning, :laving an interest in, or having control or custody or possession of. any._ animal . (h) "Person" includes any firm, partnership, corporation, trust or association or person. (Ord. 1905, 3/74; Ord. 1279, 1/67; Ord. 885, �1/62; Ord. 189, 2/18) . 7 .04. 020 Animal premises kept clean. Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn,. stall, pen,. coop, building or .place in which the animal is kept in a clean .and sanitary condition. (Ord. 885, 1/62) . 7 .04 . 030 Keeping animals near inhabited structures'. a No person shall keep .any .animal, fowl, or bird, wild or domestic , other than dogs , cats , canaries , birds of the psittacinae family, within fifty (50) feet of .any inhabited structure , school or hospital provided, however, that when any person keeps more than four (4 ) birds of the psittaclnae family he shall keep such birds at least thirty.-five (35) feet from any of said structures . . (b ) A violation of this section is an infraction,. and . upon a conviction thereof shall be punishable by. a_ fi.ne not ,- to exceed One Hundred Dollars ($100).. .(Ord. 19,05, 3/74; Ord. 885 , 1/62) . 7 . 04.040 Dead-.-Dies -in veterinary. Every person owning or, operating any veterinary hospital or other establishment for the treatment of animals , shall give written notice to the owner of any such animal left in such hospital or institution for treatment, of the death of such animal, provided the name. and address of the. owner has been filed in the office. of the veterinary hospital or other institution. (Ord. 8851` :1/62) . 7.04 .050 Dead--Retention. Every person owning or operating any veterinary hospital or other establishment for the treatment of animals shall hold any animal which dies therein. for' a .period of twelve (12 ) hours after written notification of the death of such animal has .been sent to the owner thereof. (Ord. 885, 1/62) . 164 7. 04 ..060--7. 04 . 090 7. 04. 060 Dead---Carcass disposal. It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of 'any animal to remain upon any lot, premises " or * . place owned, controlled or occupied by him or it for a pe riod of more than twenty-four hours ," or to bury the carcass. " of any animal "upon the premises owned, controlled or -.occupied by "him or it in the city. (Ord. .885 (part) 1962) . 7. 04. 070 Manure--Storage and removal. . Every person -. owning or occupying premises where manure from any horse , pony, mule, cow, pigeon, fowl, rabbit or other animal accu mutates shall provide for the removal of such manure daily. Unless all manure accomulated on any premises be removed daily, boxes , bins or receptacles of a design and contruc tion acceptable to the health officer shall be provided by the owner or occupant of such premises, and such boxes", :bins,. . or receptacles shall be used only for the purpose .of contain- ing the accumulation of manure , which shall be placed there- in or removed therefrom, and in no instance shall manure be so .placed in such boxes or receptacles in such a- manner as to prevent the tight closing of the lid; provided, however, that nothing contained herein shall apply to manure which is spread as . fertilizer over or around cultivated plants, vines , vegetables , lawns , bushes or trees , or to manure kept by any "nursery for commercial fertilizer purposes , unless such manure creates a nuisance either from fly breeding or excessive obnoxious odors. Said boxes , bins or receptacles shall be constructed of brick , stone , concrete , metal or wood lined .with metal or" other sound material, and shall be proof. against access to the contents thereof by flies .. The contents of the boxes , bins or receptacles shall be re- moved once a week. (Ord. 885 (part) , 1962) . 7. 04. 080 Manure--Premises ordered cleaned. No person who is ordered by the health officer or chief animal control. officer to clean or disinfect any stable , barn, corral, stall , pen, .coop, building or place in which any horse, pony, mule ,. cow, fowl, bird or other animal is kept, or who is. ordered by such officer to clean or disinfect any box, bin or recep tacle used for the accumulation of manure shall fail, ne- glect or refuse to clean and disinfect such stable , barn , corral, stall , pen, coop, building, place , box,. bin or re ceptacle. (Ord. 885 (part) , 1962) . 7. 04. 090 Animals prohibited in food handling premises. " (A) No person shall bring any dog, cat or other live " animal,. or permit any dog, cat or other live animal to be 1 brought into or to remain in any room or place, other than a private home where food. is not handles for commercial purposes , in which meat, fish, game, poultry, fruit, veg- etables , bakery goods or any other food or food product is 165 7 .04 . 100- 7 . 04. 130 stored, kept, held, prepared, exposed or offered for sale , . or permit any dog, cat or other live animal to ride upon or get. into or upon any wagon , or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported, provided, . however, that the provision's of this. section shall not apply to a dog trained to guide the blind. (B) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a..fine not to exceed one hundred dollars. (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 04. 100 Transporting on motor vehicles. (A) No person shall transport any animal on the running board of any motor vehicle or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a, framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle whether in motion or not. (B) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine. not to exceed one hundred dollars. (Ord. 1905 (part) , 1974 Ord. 885 (part) , 1962) . 7. 04. 110 License fee a debt. The amount of any license fees imposed by this chapter shall be deemed a debt to the city and any person keeping any animal without having ob- tained a license and registration certificate from the city shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the li- cense fees and penalties imposed .and required by this chap- ter to be paid for the privilege of keeping such animal and it shall be the duty of the chief animal control officer to cause a complaint to be filed against any person violating any of the provisions of this chapter. Such action shall be cumulative and shall not be deemed a bar to, or .a waiver of, the right of the city to prosecute any person for a vio- lation of this title or any other applicable provision of this chapter. (Ord. 1835 , 1973 : Ord. 885 (part) , 1962) . 7. 04. 120 Deseased--Keeping prohibited when. No per- son shall keep any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by him to be incurable, without a permit to do so from the health officer of the city. (Ord. .885 (part) , 1962) . 7. 04. 130 Rabies--Provisions applicable. Wnenever it is suspected that- any animal shall have been bitten by an- other animal having, or suspected of having rabies, all rules and regulations under Chapter 7. 12 of the Huntington 166 7 . 0.4 . a 'i o--7.. 04 . 170 (.;each Municipal Code shall apply where. applicable subst.1- tuting . the word "animal" for "dog. " .(Ord. 885, 1/62) . 7 .04. 140 . Noisy animals . It is a nuisance , and'- no per- son shall keep, maintain or permit .upon any lot or parcel of land within the. -city under his control, any animal or animals, including any fowl or fowls , which by any sound or cry, shall interfere with the comfortable enjoyment. of life or property by an entire community or neighborhood, .or by any consider= able number of persons . A violation of this. section .is, an infraction., and upon a conviction shall be punishable .by .. a fine not to exceed One Hundred Dollars ($100) . (Ord. 1905 3/74; Ord. 12.79 , 1/67) . 7 . 04 .150 Traps prohibited. No person shall set or use any spring steel .trap, Nom. 1 or larger, in the. city (this section shall not prohibit the use of gopher traps . (Ord. 885, 1162) .. 7. 04 . 160 Provisions interpretation. Whenever any ref erence is made to any portion of this chapter such reference applies to all amendments and additions thereto now; or here- after made . The present tense includes the past and future tenses and the future, the present . (Ord. 885, 1/62) 7 . 04 .170 Exercise of authority. Whenever a power is ; granted to, or a duty imposed upon the chief animal control officer and other public officers, the power may be exercised or the duty may be performed by a deputy_ of the officer-or by a person authorized, pursuant to law, by. the .officer, un- less this chapte-r expressly provides otherwise . . (Ord. 885, 1/.62) . Chapter 7 .08 ANIMAL CONTROL--IMPOUNDMENT Sections : 7 . 08 . 010 Chief animal control officer--Established. 7 . 08. 020 Chief animal control officer--Police powers . 7 . 08 .030 Chief animal control officer--License and tax powers . 7 .08. 040 Chief animal control officer--Duties 7 . 08 .050 Interference with duty of control officer. 7 .08. 060 Entering upon premises . 7 . 08.070 Exhibition of animal license . 7. 08. 080 . City animal shelter. 7. 08. 090 Impounding from public property. 167 7. 08. 010--7..08.050 Sections : ( Continued) 7 . 08..100 Impounding--Care . 7. 08. 110 Impounding--Reclaiming animals . 7. 08. 120 Impounding--Fees . 7. 08. 140 Impounding--Destruction. 7.08 . 010 ..Chief animal control officer--Established. The chief animal control officer may be either a person,. firm, , association, corporation, another municipality or the county . of -Orange , as determined by the city council. The chief animal control officer shall serve for such period of time and shall receive such compensation as shall be established by ordinance, resolution or by contract executed by the city council. The .chief animal control officer is authorized and .: directed to perform, in conjunction with and under the super- vision of the. city administrator, the powers and duties here- in bestowed upon and required to be performed by the chief animal control officer. (Ord. 1815, 2/73; Ord. 1279 , 1/67.; Ord. 885 , 1/62; Ord. 189, 2/18) . 7. 08. 020 Chief animal control officer--Police powers . The chief. animal control officer shall be vested .with the necesssary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this chapter, and it shall be his. duty to. make arrests and issue citations for violations of any of the provisions of this title . The chief animal control officer shall enforce all of the laws of the city, county and state relating to the care, treatment and impounding of dumb animals and to the prevention of cruelty to dumb animals . The exercise of .said . . police powers shall be under the direct supervision of the city administrator. (Ord. 1815 , 2/73; Ord. 1279 , 1/67; Ord. 885, 1/62 ) . 7 .08. 030 Chief animal control officer--License and Tax powers . The chief animal control officer shall be vested with the powers and duties of a license inspector and shall have the power to collect the license fees and to issue the ani- mal license and tags prescribed herein. (Ord. 1815 , 2/73; Ord. 885 , 1/62; Ord. 189, 2/18) . 7 .08 . 040 Chief animal control officer-- Duties . It is made the duty of the chief animal control officer to enforce , any other sections of this title whether enumerated as a duty or not. (Ord. 1815 , 2/73; Ord. 885, 1/62) . I. a 7. 08. 050 Interference with duty of control officer. No person shall rescue or attempt to rescue any animal men- tioned herein from the possession of the chief animal control 168 T. 08. 060--7 . 08 . 100 officer nor interfere with the chief animal control officer . or his deputies , in the performance of their official duties.. (Ord. 1815 , 2/73 ; Ord. 885 , 1/62) • 7 . 08. 060 Entering upon premises . The chief animal con- . trol officer or deputy animal control . officer or any police officer of the city is authorized to enter upon any premises upon 'which any- animal is kept, for the purpose of taking up., seizing or impounding any animal found running at large, .or staked, herded or grazing thereon, contrary to the provisions of this chapter or for the purpose of ascertaining whether such animal is licensed as provided in this chapter, or for the purpose of. inspecting the premises to ascertain whether . any' law of the city or state relating to t-he care, treatment .. .or impounding of dumb animals or to -the .prevention of cruelty' to dumb animals is being violated, provided there is, probable cause to believe there is a violation. (Ord. 1815, 2/73.; Ord. - 885, 1/62) . 7. 08. 070 Exhibition of animal license . No person shall fail or refuse to exhibit the registration of any animal re- quired to be licensed by this tithe when required to do so by the deputy animal control officer or any police officer. A violation of this section is an infraction, and upon a con- viction thereof shall be punishable by .a fine ,not to 'exceed' one hundred dollars . (Ord. 1905, 3/74; Ord. 885, 1/62) . 7 . 08. 0.80 City animal shelter. There shall be .provided by the city or by the chief animal control officer, upon such terms and conditions as shall be named in a contract executed by and between the chief animal control officer and the legis lative body of the city, a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded, which shall be known and designated_ as the "city animal shelter. " (Ord. 1905, 3/74 ; Ord. 885, 1/62. Ord. 189, 2/18) . 7. 080. 090 Impounding from public property. It shall be the duty of the chief animal control officer to take up., impound and safely keep any of the animals enumerated in this chapter found running at large, staked, tied or being herded or pastured in 'any street, lane, alley, court , square, park I or other place belonging to or under the provisions of this chapter. -(Ord. 1815 , 2/73; Ord. 885, 1/62; Ord.. 189, 2/18) . 7 .08. 100 Impounding--Care . When any animal is to be impounded, it shall be provided with proper and sufficient food and water by the chief animal control officer for a period 169 . 7 . 08. 110--7. 08. 120 of at least five days . The. chief animal control officer shall immediately notify the owner thereof, if known to him, by written notice or by phone . (Ord.. 1815, 2/73; Ord'. .885, 1162; Ord. 189 , 2/18) . 7 . 08. 110 Impounding--Reclaiming animals . The owner of any animal impounded. shall have the right to reclaim the same at any time prior to the sale thereof upon payment to- . the chief animal control officer of the costs and charges hereinafter provided in this chapter for impounding and keeping said animals . . (Ord. 1815 , 2/73; Ord. 885, . 1/62 ; Ord. 189 , 2/18) . 7. 08. 120 Impounding--Fees . The chief animal control officer shall charge , receive and collect the following fees . . for services and impounding animals : (a) For picking up and impounding: Any dog,- First impound - $5; second impound - $7 . 50; third impound and each impound thereafter $15; Any cat : $4 ; . Any large animal: $20, Any medium-sized animal: $8 . (b ) For delivering impounded animals to their owners : $4 . (c ) For daily care and feeding: Large animals (horses, cows and animals of similar size) : $2. 5n ; Medium size animals (goats , sheep, pigs and animals of similar size ) : $2.50; �. Dogs , cats and miscellaneous smaller animals: $2 . 50'; For any animal under quarantine, the daily care. and feeding is doubled. (d) For placing impounded animals : Any dog: $9 plus license and rabies shots; .Any cat : $5; All other animals, market value . (e) Veterinary care for impounded animals : Dogs , cats or other small animals, per treatment; $10; ` Medium or large animals, per treatment : $15 . (Ord. 1905, 3/74; Ord. 1815, 2/73; Ord. 1557 2/70 ; Ord. 1279, 1/67; Ord. 1088, 9/64; Ord. 885, 1/62) . v. 170 i 7.08.140 .. 7 . 08. 140 Impounding--Destruction. It shall be the duty of the chief animal control officer to issue and sign a death. warrant for and to order the destruction of any animal law-` fully taken into custody, which in the opinion of the chief animal control officer is , by reason . of old age, unfit for use ,, or which is infected with a dangerous or communicable disease , or which- is in an incurable, . crippled condition,_ or which . is adjudged by a written report. of a licensed ..veter.inary to be afflicted with any painful', incurable disease. (Ord. 1815 , 2/73; Ord. 885 , _ 1/62) . Chapter 7. 12 DOG. AND CAT LICENSING, VACCINATION AND .BREEDING Sections: 7. 12 .010 License and registration required. 7. 12. 020 License--Nontransferable . 7.12. 030 License--Certificates procured. 7. 12 .040 License--Tags, certificates issued. 7.12. 050 License--Owner' duty to obtain. 7.12. 060 License--Penalty fees . 7. 12. 070 License--Exempted animals . 7 .12. 080 License--Shown to control officer. 7 .12. 090 Removal of tags and collars . 7.12. 100 Counterfeiting tags . 7 .12. 110 Running at large prohibited. 7.. 12. 120 Impounding and quarantine . 7.12. 130 At large--Capture by citizen. 7. 12 .140 Rabies--Vaccination required. 7. 12. 150 . Rabies--Revaccination. 7. 12.160 Rabies--Vaccination certificate. 7 . 12. 170 License--Vaccination certificate. 7.12. 180 License--Vaccination information. 7.12. 190 Rabies--Captured dogs examined. 7. 12. 200 Rabies--Dog suspected shall be examined. .7. 12. 210 Biting dogs quarantined. 7. 12 .220 Rabies--Outbreak,. dogs kept in city.: 7.12 .230 Rabies--Bringing dogs from contaminated area into city. 7. 12 . 240 Bite--Duty to report to officers. 7 .12.250 Impounding--Notice to owner. 7 . 12.260 Impounding--Recovery fees . 7. 12.270 Impounding--Minimum holding period for dogs. 7.12.280 Impounding--Minimum holding period for. cats 7. 12. 290 Impounding--Not redeemed--Sale or destruction.. 7.12. 300 Spaying or altering required. _ 7. 12. 310 Dogs--Breeding and kennels 171 7. 12. 010--7. 12. 040 Sections : (Continued) 7. 12. 320 Cats--Breeding. 7. 12. 330 Breeding permit . 7. 12. 340 Cats--Kennels . 7. 12. 350 Dog feces . 7. 12. 010 License and registration required. No person owning, having an interest in, or having control, custody or possession of any .dog or cat, .shall fail, neglect or refuse to license and register such dog or cat if over four (4 ) months of age, in compliance with the terms of this chapter. . A vio- lation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (Ord. 1905, 3/74; Ord. 885, 1/62; Ord. . 509, 4/47; Ord. 189, 2/18) . 7. 12 . 020 License--Nontransferable. No dog. or cat license is transferable. Ord. 885, 1162) . 7. 12. 030 License--Certificates procured. The chief animal control officer of the city is authorized and directed to procure each year, prior to the first day of July,- such number of license certificates and tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said certificates and tags shall expire July lst of the following year. (Ord. 1905, 3/74; Ord. 885, 1/62) ._ 7. 12. 040 License--Tags, certificates issued. a A metallic tag or other means of permanent identification, such as tattooing, and license certificate with corresponding numbers shall be furnished by the chief animal control officer or one of his authorized agents, .to any person required by this chapter to obtain a license upon payment of the appropriate fee prescribed in this chapter. Said person shall bear the cost of the permanent identification if other than a metallic tag is chosen by said person. (b ) The chief animal control officer shall keep a record of the name, address and telephone number of the owner of the dog or cat, or person making payment of the license fee, and to whom a certificate and tag shall have been issued, and the number and date of such certificate. Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog or cat , and shall be worn by such dog or cat at all times other than those periods when confined to the owner's house, enclosed yard or pen. A duplicate .of a E lost license tag may be procured from the chief animal control officer upon proof of loss and payment of One Dollar ($1) . Ord. 1907, 4/74; Ord. 1905, 3/74; Ord. 1815, 2/73; Ord. 1279, 1/67;. Ord. 885, 1/62; Ord. ' 509, 4/47; Ord. 189, 2/18).. 172 7.12. 050--7. 12. 070 7 . 12. 050 License--Owner duty to obtain. Any owner, with the exception herein provided, of a dog or cat' over the age. of four (4 ) months in the city shall obtain a dog or cat license and pay an original or renewal license fee of Ten Dollars ($10) on . or before April 5, 1974, and July 1 each year thereafter... except that the license fee for a spayed or altered dog or cat shall be Five' Dollars ($5) . The owner has the burden of proof to show the dog or cat has been spayed or altered. Original license fees shall be due and payable within thirty (30 ) days after any dog or cat is acquired and comes into the care, custody and control of any person in the city. (Ord. 1905, 3/74; Ord. 1815, 2/73; Ord. 1279, 2/70; Ord. 885, 1162) . 7. 12. 060 License--Penalty fees . Any person who fails to pay the required dog or cat license fee prior to May 5, 1974, _ and prior to August 1 each year thereafter, shall pay., . in addition to the license fee, a penalty fee of fifty "(50) . percent of the original or renewal license .fee. Any person who fails to obtain an original license within thirty (30) days after his/her owning any dog or cat or any dog or cat coming into his/her care, custody and control i,n this city shall pay, in addition to the original license fee, a penalty fee of fifty (50 ) percent of the original license fee. . (Ord. 1907., 4/74; Ord. 1905, 3/74; Ord. 1815, 2/73; Ord.- 1279, 2/70; Ord. 885, 1/62) . 7. 12. 070 License--Exempted animals . No license fee shall be required for the following: (a) Seeing-Eye dogs; (b ) Dogs honorably . discharged from the armed forces of the United States ; (c ) Dogs and cats in the care, custody and control of nonresidents who are traveling through the city, or temporarily staying in the city for a period not exceeding thirty (30 ) . days , or dogs and cats temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog . or cat exhibition, provided such dogs and cats are so entered and not kept elsewhere in the city; (d ) Dogs and cats under the care, custody or control of or owned by, senior citizens sixty-two years of age or older. However, all senior .citizens remain obligated to license their dog(s ) and cat (s ) regardless of the license fee exemption., and they shall be obligated to pay penalty fees for late licensing of their dog(s ) .and cat(s ) . (Ord. 1905, 3/74; Ord'. 1555, 2/70; Ord. 1279, 2/70; Ord. 885, 1/62 ) . 173 7.12.080--.7.12. 130 7 . 12. 080 License--Shown to control. officer. Np person shall fail or refuse to show to the chief animal control officer or any police officer, the license and the tag for any duly registered dog or. cat kept or remaining within any home or- .. upon any enclosed premises under his immediate control. A violation of this section is an infraction, and upon-.a con- viction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (Ord. 1905', 3/74; Ord. 1815, 2/71; Ord. 885 , 1/62) . 7.12. 090 Removal of tags and -collars . No unauthorized person shall remove from any dog or cat any collar,, harness , or other device . to which is attached a registration tag -for the current year or to remove such tag therefrom. . A violation of this section is an infraction, and upon a conviction thereof .. shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (Ord. 1905, 3/74; Ord. 885, 1/6.2) . 7.12. 10.0 Counterfeiting tags. No person shall imitate. or counterfeit. the tags in this chapter provided for, or shall use any imitation or counterfeit of such tag. (Ord. - 885., . 1/62) . 7.12. 110 Running at large prohibited. No person owning, having an interest in, harboring, or having charge, . care, control , custody or possession of any dog shall cause or permit such dog to be off the premises of its owner, unless. such: ,do.g is securely confined by 'a strong leash of not exceeding six (6) feet , securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody, or possession of such dog, or unless such dog be confined within an automobile. A violation of this section is an infraction, and upon a conviction thereof shall be punishable by .a fine not to exceed One .Hundred Dollars ($100) . (Ord. 1910, 5/74; Ord. 1905, 3/74; Ord. 1279., 1/67; Ord. 885, 1/62; Ord. 189 , 2/18) . 7 . 12. 120 Impounding and quarantine. It shall be the duty of .the chief animal control officer and of any police officer of this city, to take up all animals found. in violation of this chapter. When such animal is taken up, it shall be delivered to the chief- animal control officer. All such animals shall be impounded in the city animal shelter. (Ord. 1905, j. 3/74; Ord. 1279 , 1/67; Ord. 885, 1/62; Ord. 189, 2/18) 7 . 12. 130 At large--Capture by citizen. Any person who captures an animal at . large, as defined in Section 7.12 . 110, shall, within twenty-four (24) hours, give notice to .the. 'chief. animal control officer. Such notice shall include -the following:. 174 7. 12. 140--7. 12. 170 (A) , . The fact that he has such animal in his possession; . . . (B) The complete description of such "animal; (C)" The license number of . such animal, .if any , and' by . what county or municipal corporation issued. If such animal has no license, such person shall so state; (D) The place where such animal is confined and shall . ` thereafter surrender the animal to the chief animal .control officer or his deputy upon request. (Ord. 1905 (part)., 1974) .7. 12 .140 Rabies--_Vaccination required. (A). Every -per- : . son, keeping, harboring- or having a dog over the age of four months in' the city, shall cause such dog• to be vaccinated, with a type of rabies vaccine approved by the Orange 'County health officer within a period of thirty days from the date such dog was harbored, kept or had within the city, or with- in thirty .days from the date the dog attains the age of four. months ; provided, however, that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine by a person licensed by the state of California, or by any other state or nation, to practice veterinary medicine where such vac- cination has been completed within the period of time as hereinafter prescribed in this section. (B) If chick embryo vaccine was used in such vaccina- tion, .it must have been completed within thirty months or if - ' the tissue-type vaccine was used, it must have been completed within one year prior to the date such dog was first kept, harbored or brought into the city. (Ord. 1815 (part) , 1973 :. . Ord. 885 (part) , .1962) . 7. 12. 150 Rabies--Revaccination. Every person keeping, harboring or having in the city a dog which has been vaccin-. - ated with chick embryo vaccine shall cause such .dog. to be vac- cinated with a tissue-type vaccine shall cause the dog to be vaccinated within a period of not more than one year. (Ord. 885 (part) , 1962) . . 7. 12 . 160 Rabies--Vaccination certificate. Every per- son keeping, harboring or having in the city any dog required by this title to be vaccinated shall at all times while such dog is thus kept, harbored or had, have in his possession a certificate issued by a person licensed by the state or any other state or nation to practice veterinary medicine, which" certificate shall specify that such dog has been vaccinated in accordance with the provisions of Sections 7. 12.140 and ! 7. 12. 150. (Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 4 7. 12. 170 License--Vaccination certificate. Every per- son applying for a dog license must exhibit a certificate is- sued by a person licensed by the state to practice veterinary, 175 7. 12. 180--7 . 12 . 210 medicine , which certificate shall show that the dog for which the license shall be issued, either has been vaccinated in accordance with the provisions of Sections 7. 12. 140 and 7 . 12. 150§1 or should not be so vaccinated by reason of age, infirmity or other disability. Such exemption shall be valid for a period not to exceed one year. A license for any dog shall not be . .` issued unless and until either such certificate is exhibited. (Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 7. 12. 180 License--Vaccination information. At the time a dog license is issued, it shall be stamped with the date of vaccination and the type of vaccine used as shown on said certificate , or there shall be a vaccination tag containing such information issued by the veterinarian at the time. of such vaccination. (Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 7. 12. 190 Rabies--Captured dogs examined. Officers or persons capturing dogs under the provisions of Sections 7. 12. 120 and 7. 12. 130 shall separately confine such dogs cap- tured by them in some safe place, and shall report the cap- ture to the health officer or his deputies and shall submit . such dog to the examination of the health officer, or his dep- uties , and it shall be the duty of the health officer, when called upon to examine or have examined such dog, and to 'as- certain whether or not such dog is infected with rabies. Dogs captured under Sections 7. 12 .120 and 7. 12..130 shall not be killed, but shall be kept in confinement until the health officer or his deputies shall find that further. ob- servation of the animal is not necessary for the determina- tion of the presence of rabies , or absence of rabies. (Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 7. 12. 200 Rabies--Dog suspected shall be examined. It is unlawful for any person having knowledge of the whereabouts . of an animal known to have or suspected of having rabies or has shown symptoms of rabies to fail, refuse or neglect to immediately notify the health officer or his deputies , or to fail , refuse or neglect to allow the health officer or his deputies to make an inspection or examination of such animal until it shall be established to the satisfaction of the of- ficial that such animal has or has not rabies . The health officer or his deputies shall likewise be notified of any person bitten by an animal of a species subject to rabies , whether or not the animal is suspected of having rabies. (Ord. 885 (part) , 1962) . . 7. 12. 210 Biting dogs quarantined. Whenever it is shown that any dog or other animal has bitten any person, no owner or person having the custody or possession thereof, up- on order of the chief animal control officer, any police `of- ficer or the health officer, shall fail , refuse or neglect 176 7. 12. 220- -7. 12:. 2 60 to quarantine such animal and keep it securely confined on a chain. or in. a closed cage or' paddock for a period of ten days, or shall fail , refuse or neglect to allow the chief animal control officer, or his deputies , to make an inspection or examination .thereof at any time during said period. . No such dog or animal shall be removed without written permission of the chief animal control officer, any police officer, or the , . health officer or his deputies . (Ord. 1815 (part) , 1973 Ord. 1279 (part) , 1963 : Ord. 885 (part) , 1962) . 7. 12. 220 Rabies--Outbreak, dogs kept in city. For the period during and for six months after the presence of rabies in -the city, it is unlawful for any person to take any dog or permit any dog to go from the city to any city or county in which rabies does not exist, or has not been known to exist within the preceding six months period, without permission of the health officer. (Ord. 885 (part) , 1962) .. 7. 12. 230 Rabies--Bringing dogs from contaminated area into city. No person shall bring any dog into the city from any place in which rabies shall be present or 'shall have been . known to be present within the preceding six monthsperiod,. ` without permission of the health officer. (Ord. 885 (part) , 1962) . 7.12 . 240 Bite--Duty to report to officers. Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge , care , control , custody or posses- sion of such dog shall report said fact in writing forthwith to the chief animal control officer, his deputy, or a police officer. The report shall state the name and address. of the person bitten and the time and place such person was bitten. (Ord. 885 (part) , 1962) . 7. 12. 250 Impounding--Notice to owner. When any dog or cat is impounded, the chief animal control officer shall imme- diately notify the owner thereof, if known to him, by written notice or telephone. (Ord. 1905 (part) , 1974 : Ord. 1815 (part) , .1973 : Ord. 885 (part) , 1962) . 7. 12. 260 Impounding Recovery fees. Subject to the other provisions of this chapter, any person may make appli- cation to the chief animal control officer for the return of any dog or cat , and upon presentation of proof satisfactory to the chief animal control officer, that such person is the owner or is rightfully entitled to the possession of such dog or cat, may recover such dog or cat upon the payment of the required fee. The fee for recovery shall be as stated in Section 7.08. 120, plus any license fee then due and payable. (Ord. 1905 (part) , 1974 : Ord. 1279 (part) , 1967: Ord. 885 (part) , 1962) . 177 7 . 12. 270--7 . 12. 300 7. 12. 270 Impounding--Minimum holding period for dogs . All licensed dogs impounded at the city animal shelter shall be provided with proper and sufficient food and water by the chief animal control officer for a period of at least five days , and all unlicensed dogs for a period of at least three days. (Ord. 1905 (part) , 1974 : Ord. 1815 (part) , 1973 : Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962 : Ord. 189. (part) , 1918) 7.12. 280 Impounding--Minimum holding period for cats . All cats impounded at the city animal shelter shall be pro- vided. with proper and sufficient food and water by the chief animal control officer for a period of at least five days for cats displaying a valid license , and for a period of at least twenty-four hours for cats displaying some type of identifica- tion. Said cats will be destroyed if not claimed within the stated minimum time periods . Cats displaying no identification will be destroyed within twenty-four hours . (Ord. 1905 (part) , 1974) . 7. 12. 290 Impounding--Not redeemed--Sale or destruction. Dogs and cats not redeemed may be sold by the chief animal control officer to the person offering to pay the highest cash amount thereof, provided that the purchaser shall not be given possession of any such dog or cat until he shall have paid to the chief animal control officer, or deputy, the charges prescribed for such dog or cat. If any dog or cat, ." impounded by the chief animal control officer, shall not have been redeemed within such periods , and cannot be sold within a reasonable time thereafter, it may be summarily disposed of by the chief animal control officer in some humane way.. The chief animal control officer shall file at the city animal shelter a full description of each dog and cat impounded there- in, for said period beginning on the day any such dog and cat is taken or delivered into the possession of the chief animal control officer. (Ord. 1905 (part) , 1974) . 7. 12. 300 Spaying or altering required. The California Animal Control shall not sell or give away any female cat more than six months of age that has not been spayed, or any .male cat of more than six months of age that has not been al- tered. The California Animal Control shall not sell or give away any cat less than six months of age unless the cost of spaying or altering such cat has been deposited in trust with the chief animal control officer for payment to a veterina- rian or spaying or altering clinic designated by the person purchasing or receiving the cat. The deposit shall be for- warded to the veterinarian or clinic upon receipt by the chief animal control officer of a notice from the veterina- rian or clinic that the cat has been spayed or altered. (Ord. 1905 (part) , 1974) . 178 7. 12. 310--7. 12.340 7. 12 310 Dogs--Breeding and kennels . (A) No person' shall. keep or .maintain or suffer or permit to be kept or ' main- tained upon any premises owned or controlled by him or it., any dog, rmale or female, kept mainly for breeding purposes , with- in three hundred feet of any dwelling house other than. that of the owner or person in control of such dog. (B) . In 'any portion. of the city, no person shall estab- lish, . keep or maintain', or suffer or permit to be established, kept or. maintained, upon premises .owned or controlled by him or: it, in the city dog kennel, any portion of which is situ- ated within one thousand feet of any dwelling 'house ' other. ': than the dwelling house of the owner or person in control of such kennel. (C) Any violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars. (Ord. 1905 (part) , 1974 :. Ord. 1815 (part) , 1973 : Ord. 885 (part) , 1962) . 7. 12. 320 Cats--Breeding. No person shall keep or main- tain or suffer or permit to be kept or maintained upon any premises owned or controlled by him, any cat, male or female, kept mainly for breeding purposes , within three hundred feet of any dwelling house other than that of the owner or person, in control of such cat. A violation of this section is an infraction and, upon conviction thereof, shall be 'punishable by .a fine not. -to exceed one hundred dollars . (Ord. . 1905 (part) , 1974 : Ord. 1872 (part) , 1973) . 7. 12. 330 Breeding permit. Any person owning or having control, custody, charge or possession of any cat or dog for breeding purposes shall secure a cat or dog breeding permit from the chief animal control officer or his authorized rep- resentative. The fee for the cat or dog breeding permit shall be twenty dollars . Any kitten or puppy sold from a litter for a profit over and above the cost of advertising, if any, shall be prima facie evidence of cat or dog breeding. . (Ord. 1905 (part) , 1974 : Ord. 1872 (part) , 1973) . 7. 12. 340 Cats--Kennels . In any portion of the city, no person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises a owned or controlled by him, in the city any cat. kennel, any portion of which is situated within one thousand feet of any dwelling house other than the dwelling house of the owner or .. person in control of such kennel. A .violation of this sec- tion is an infraction and, upon conviction thereof, shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : . Ord. 1872 (part), 1973) -. . 179 7 . 12 . 350--7 . 20..010 7. 12. 350 Dog feces . No owner or person having charge, custody or control of any dog shall permit, either wilfully or through failure to exercise due care to control, any such dog to defecate and to allow such feces -thereafter to remain on any public sidewalk, public beach or park or any other public property, or on any improved private property other than that of the owner-or person who has custody or control of such dog; provided, however, that the foregoing shall not apply to public or private street gutters . A violation of this section is an infraction and, upon conviction thereof., . shall be punishable by a fine not to exceed. one hundred dol- lars. .(Ord. 1905 (part) , 1974) . Chapter 7 . 20 FARM ANIMALS AND FOWL Sections : 7. 20 . 010 Running at large prohibited. 7. 20.020 Fowl and rabbits--At large. 7. 20. 030 Fowl and rabbits--Keeping restrictions . 7. 20.040 Fowl--Number permitted. 7. 20. 050 Fowl and rabbits--Coloring or treating artific- ially. 7. 20. 060 Fowl and rabbits--Sale of young. 7. 20. 07.0 Monkeys , chimpanzees to be secured. 7. 20.080 Horses . 7. 20. 090 Goats . 7. 20. 100 Bees . 7. 20. 110 Cattle and hogs. 7. 20.120 Animal husbandry permits. 7. 20. 010 Running at large prohibited. (A) No person owning or having control of any ox, steer; bull, cow, horse, . colt, calf, sheep, goat, cat or any animal commonly referred to as a "wild specie" shall : (1) Permit such animal to run at large in the city; (2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place; (3) Tie, stake , pasture or permit the tying, stak- ing or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property; or (4) Permit any of said animals to be or remain during the nighttime secured by a stake , or secured in any manner 180 7. 20. 020---7. 20. 04.0 other than by 'enclosing such animal in a pen, corral_ or .barn_ sufficient and`'adequate to restrain such animal, or by se surely fastening such animal by means of a rope,, or chain 'of sufficient size , strength and weight to effectively .restrain such animal'; or (5) Fail to provide the necessary ,sustenance, drink, shelter or protection from the weather, or otherwise. (B) A violation of this section is an infraction, and . upon a conviction thereof shall be punishable by a fine ;not:, to exceed one hundred dollars . (Ord. 1910 . (part) , 1974 : Ord. 1905 (part), 1974 : Ord. 885 (part) , 1962 : Ord 189' .(part) , 1918) . 7. 20 . 020• Fowls and rabbits--At large . It is. a nuisance . and .no person shall suffer or permit any chickens , geese , ` ducks , turkeys., pheasants , doves , pigeons ,-squabs or similar fowl or rabbits , owned or controlled by him or it, to run:. or . fly at large or go upon the premises of any other person in the city. A violation of this section is an infraction,` and upon a conviction thereof shall be . punishable by a fine not to exceed one hundred dollars . (Ord 1905 (part) , 1974 : .Ord. : 885 (part') , 1962 : Ord. 27, 1909) . 7. 20. 030 Fowl and rabbits--Keeping restrictions. It is . a nuisance and no person shall keep chickens , geese , ducks , . turkeys , pheasants , doves , pigeons , squabs or similar fowl or rabbits , owned or controlled by him or it, within fifty feet of any street line or within twenty feet of any property line, or within one hundred. feet of any dwelling house or structure used as a dwelling, church, school , hospital or ` place where food products are kept, stored, .manufactured or served to the public, unless such house or structure be oc cupied by him or it, or to keep any rooster over four months old within the city limits . A violation of this section is an infraction, and upon a conviction thereof shall be punish- able by a fine not to exceed one hundred dollars. . (Ord. 1905 (part) , 1974 : Ord. .885 (part) , 1962) . 7. 20. 040 Fowl--Number permitted. (A) No person shall keep or maintain in the city- more than ten in all of chickens geese, ducks , turkeys , pheasants , doves ,. pigeons ,. squabs or similar fowl; and keeping or maintaining more than ten fowl _,. shall be presumptive evidence of a public nuisance . (B) The presumption created by subsection (A) is a rebuttable presumption affecting the burden of proof. (C) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine . not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : Ord. 1835 (part) , 1973 : Ord. 885 (part) , 1962) . 181 7 . 20. 050--7 ..20. 080 7. 20. 050 Fowl . and rabbits--Coloring or treating artifi- cially. No person shall dye, color, or otherwise artifically treat any rabbit, .baby chick, duckling or other fowl. A violation .of this section is an infraction, and upon a .con viction . shall be punishable by a fine not to exceed one hun dred dollars. .(Ord. 1905 (part) , 1974 : . Ord. 885 .(part) 1962) . 7.. 20. 060 Fowl and rabbits--Sale. of young. No person shall display, sell; offer for sale or barter to give away any rabbit, baby chick, duckling or other fowl. A violation of this section is an infraction, and .upon a conviction . there- of shall be punishable by a fine not to exceed one hundred dollars. (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 20. 070 Monkeys , chimpanzees to be secured. (A) No person owning or having control of any monkey, ape, chimpanzee or other animal of the monkey type , shall permit, allow or suffer such animal to run at large within the city or permit, allow or suffer such animal to be or go upon any street or. public. place within the city without having such animal se- curely fastened by an adequate chain or rope , firmly held by or attached to- a competent person. (B) Such animal shall be . deemed and considered as running at large , within the meaning of the expression as herein used, when not confined within an enclosure or when not securely tied or chained. (C) A violation of this section is an infraction, and. upon a conviction shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : Ord. 885 (part) ; 1962) . 7.20. 080 Horses. (A) It is declared to be a nuisance and no person shall stable or corral any horse or horses within. fifty feet of any street line. (B) It is declared to be a nuisance. and no person shall stable or corral any horse or mule within fifty feet of. any dwelling house other than occupied by him or them, or to stable more than two horses or mules within .one hundred feet of any dwelling house other than that occupied by him or them. (C) No person, firm or corporation shall keep or stable any burro or burros , or donkey or donkeys , within one hun- dred feet of any dwelling house other than that occupied by j him or it. (D) A violation of this section is an infraction, and upon a conviction shall be punishable by a fine not to. exceed one hundred dollars . (E) Street Line. For the purposes of this chapter, "street line" means the nearest edge of any sidewalk and if there if no sidewalk, the nearest edge of any curb and if. there is no sidewalk or curb, the nearest edge of the improved portion of the public right-of-way. (Ord. 1905 (part) , 1974 : Ord. 1352 (part) , 1967: Ord. 885 (part) , 1962) . .,.� 182 7. 20. 090--7. 20 . 120 7 . 20 . 090 Goats . (A) It is a nuisance and no person shall keep or maintain any goat within fifty feet of any dwelling house other than that occupied by him or it, or more than �two goats within one -hundred feet of any dwelling house.. other than that occupied by him or it, or more than four _goats within three hundred feet of any dwelling house other than that occupied by him or it, or more than five goats within one thousand feet of any dwelling house other than that oc- cupied by him or it. (B) No person shall keep or maintain any male goat ex- ceeding the age of six months within the limits of the city. . (C) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars. (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 20. 100 Bees . (A) No person shall keep or maintain-; or suffer or permit to be kept or maintained, upon premises owned or controlled by- him or it in the city, any hive bees within two hundred feet of any dwelling house of the owner or person in control of such bees . This section shall not apply to the keeping of bees within an educational institu- tion for study or observation, or within a physician' s of- fice or laboratory for medical research, treatment, or other . scientific purposes , provided they are not permitted to fly at large. (B) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars. (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . . 7. 20 . 110 Cattle and hogs . (A) It. is a nuisance and no person shall keep or maintain in the city cattle or hogs . at or upon premises owned, occupied or controlled by him with- in three hundred feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred feet of any school or hospital , or within one hundred feet of any street line. (B) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , .1974 : Ord. 1835 (part) , 1973 : Ord. 885 (part) , 1962) . 7. 20. 120 Animal husbandry permits . Notwithstanding any provision of this chapter, the city administrator may issue permits to educational or youth-serving organizations to keep -any animal of a domestic nature upon his finding that such animal shall be kept to further purposes , projects or goals of the organization, that no public nuisance will be created, and that such animals will be properly maintained 183 7 . 24. 010 and cared for. This permit shall be revocable by . the city administrator upon finding of change in the original . condi- tions of issuance or violation of any provisions of this chap- ter. (Ord. 1835 (part) , 1973) . Chapter 7. 24 WILD ANIMALS AND REPTILES Sections : 7. 24 .010 Running at large prohibited. 7. 24. 020 Dog as a vicious animal. 7. 24 . 030 Keeping--Permit required. 7. 24. 040 Keeping--Application., 7. 24 . 050 Keeping--Appeal.. 7..24 . 060 Keeping--Limitations. 7. 24. 070 Keeping--Temporary permits . 7. 24.080 Keeping--Pending permit issuance. 7. 24 . 090 Permit--Application. 7. 24. 100 Permit--Application--Review. 7. 24. 110 Transporting through city. 7. 24. 120 Permit--Fee. 7. 24. 130 Permit--Commercial establishments. 7. 24. 140 Permit--Term--Renewal. 7. 24. 150 Permit--Revocation. 7. 24. 160 Permit--Appeal. 7. 24. 170 Applicability of chapter. 7. 24.010 Running at large prohibited. No person owning or having charge , custody, control or possession of any animal or reptile known by such person to be vicious or dangerous , or commonly so known, or owning or having charge, custody, or possession of any elephant, bear, hippopotamus , rhinoceros , lion, tiger, leopard, wolf, monkey, ape, chimpanzee , bobcat, lynx, wildcat, puma, cheetah or any animal commonly referred to as a "wild specie" or any poisonous reptile , shall permit or allow the same to be at large upon any highway , street, lane, alley , court or other public place or upon any private property other than within the enclosed premises of such per- son. The chief animal control officer; or his authorized deputy, shall notify the owner or harborer in writing to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which is + reasonably adequate under the circumstances . If such re- straint is impossible or impracticable , such animal shall be impounded until the owner or harborer is able to comply with the chief animal control officer's order. If, upon receiving said written notification, the owner or harborer 184 7. 24. 020--7. 2.4. 060 fails to provide adequate restraint or control of said .an- imal as ordered -by the . chief animal control officer , or his authorized deputy, within a reasonable time , said animal shall then' be subject to 'summary destruction. (Ord. 1352 (part) , 1967 : Ord. 1279 (part) , 1967) . 7. 24.020 Dog as a vicious animal. (A) Any dog having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a wild or . vicious animal. (B) Where the official records of the chief animal control officer indicate a dog has bitten any person or per- sons or animal on two or more separate occasions , it shall be prima facie evidence that the dog is a wild or vicious animal. (Ord. 1835 (part) , 1973 : Ord. 1352 (part) , 1967) . . 7. 24. 030 Keeping--Permit required. No person owning ..or having .charge, custody, control or possession of any animal, . bird of prey, reptile or serpent described in Sections. . 7. 24. 010 and 7. 24. 020 shall allow such animal, bird, reptile , or serpent within the enclosed premises of such person un- less and until he has first secured a permit so to do and complies with all terms and conditions of such permit and, in addition thereto, such animal, bird, reptile or serpent shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered. (Ord. 1352 .(part) , 1967) . 7. 24. 040 Keeping--Application. Except as hereinafter provided, no person shall have , keep, maintain .or have in his possession or under his control within the city any an- imal or reptile described in Sections 7. 24 . 010 and. 7. 24 . 020 without first applying to and receiving a permit from the chief animal control officer or his authorized representative to do so. (Ord. 1835 (part) , 1973 : Ord. 1352 (part) , 1967 : Ord. 1279 (part) , 1967) . 7. 24. 050 Keeping--Appeal. (A) Any person :dissatisfied with the ruling of the chief animal control officer may, with- in ten days thereafter, appeal from the decision to the city council; such appeal shall be a simple statement in writing . setting forth in common terms the bases of the appeal. (B) An appeal fee of ten dollars shall be required for each appeal to the city council. No appeal shall be placed on the agenda of any meeting of the city council until such G fee has been paid. (Ord. 1835 (part) , 1973c Ord. 1279 r (part) , 1967) . 7.24.060 Keeping--Limitations. No permit shall be granted except with such conditions attached as shall, . in 185 7 . 24. 070--7. 24 . 090 the opinion of the person or agency approving such permit, reasonably insure the public health, safety and general wel- fare , and no permit shall be granted in any event for any animal, reptile or serpent at any particular location ex- cept upon an explicit finding by the person or agency ap- proving such permit that the issuance thereof will not be contrary to the public health, safety and general welfare. (Ord. 1279 (part) , 1967) . 7.'24. 070 Keeping--Temporary permits. The chief animal control officer may, following application for a permit and pending final disposition of the same , grant a temporary permit for the maintenance within the city of any such an imal or reptile .upon such conditions as he shall , in his sole discretion, require when, in his opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare , but no animal or reptile shall be otherwise kept or maintained within the city or permitted to occupy any premises within the city, except while such a regular or temporary permit is in full force and effect. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7. 24 . 080 Keeping--Pending permit issuance. The chief animal control officer, or his authorized deputy, shall take possession of any animal or reptile described under Sections 7. 24 . 010 and 7. 24.020 for which a permit has not been issued and keep the same until the proper permit has been secured by the owner thereof and shall release the same to the owner when all fees and costs have been paid and all laws and per- mit conditions complied with. (Ord. 1835 (part)., 1973 : Ord. 1352 (part) , 1967 : Ord. 1279 (part) , 1967) . 7. 24.090 Permit--Application. An application for any permit required pursuant to this chapter shall be made to the chief animal control officer in writing and upon a form furnished by the chief animal control officer if so required. The application shall be verified by the person who desires to have , keep, maintain or have in his possession, or under his control, in the city, the animal or reptile for which a permit is required, and shall set forth the following: (A) Name , address and telephone number of the applicant; (B) The applicant 's interest in such animal or reptile; (C) The proposed location, and the name, address and telephone number of the owner of such location, and of the lessee , if any; (D) The number and general description of all animals or reptiles for which the permit is sought; (E) Any information known to the applicant concerning vicious or dangerous propensities of all such animals or reptiles; 186 i T. 24�. l 0 -7. 24. 130 (F) The housing arrangements -for all such animals or reptiles with particular details as to sa-fety -or structure, locks fencing, -etc. (G) Safety precautions proposed to be taken; (H) Noises or odors anticipated in the :keeping of -such animals or reptiles ; (I) Prior history of -incidents involving 'the .public health or safety involving any of said animal"s or 're'ptiles ; (J) Any additional information required 'by "the chief . animal control officer at the time of filing such application or thereafter. (Ord. 1835 `(part) 1973 : `Ord". 1279 (part-) 1967) 7. 24 . 100 Permit--App lid ation=_-Review. Copies of any application for permit under this chapter .shall be sent by the chief animal control officer to the law enforcement agen- cy, planning department, and to any other department or agency from which information is sought, and no permit shall be granted without receipt of a report from the departments or agencies to which copies of the application have been sent, .. unless waived by the city administrator for good cause (Ord. 1835 (part) , .1973 : Ord. 1279 (part) , 1967) 7.24. 110 Transporting through city. The permit require- ments of this chapter shall not apply to any person so keeping or maintaining or having in his possession or control any ani- mal or reptile defined in Sections 7. 24 .010 and 7. 24. 020 when. such. person is transporting such animal or reptile. through the city has taken adequate safeguards to protect the public; and has notified the local law enforcement agency of the pro- posed route of transporation and time thereof. (Ord. 1835 (part) , 1973 : Ord. 1352 (part) , 1967 : Ord. 1275 (part) ,. 1967) . . 7. 24. 120 Permit"-Fee. The fee for a permit application . shall' be twenty dollars for one wild or dangerous animal plus an additional five dollars for two or more wild or dangerous animals , total fee not to exceed twenty-five dollars for any one permit application. The fee shall be payable to the chief animal control officer at the time of filing the permit application. Accretions by .natural birth shall not require additional permits during the period of a valid 'permit. Said fees are not refundable regardless of whether or not any per mit. is issued. (Ord. 1835 (part) 1973 Ord. 1352 (part) ., 1967 : Ord. 1279 (part) , 1967) . 7. 24. 130 Permit--Commercial establishments . Commercial establishments possessing such animals or reptiles for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in . excess of . the number thereof allowed by the terms of such 187 7. 24 . 140--7 . 24. 170 permit. Such establishments may, in the discretion of the approving agency, be granted a permit for those numbers of - each kind of animal or reptile as do not exceed the maximum. Such establishment estimates will be maintained by it in the city at any one time during the period of the permit. Such permit shall require the immediate notification of the' chief animal control officer upon the acquisition of any animal or reptile having a prior history of any incident involving the. public health or safety,. or resulting in any bodily injury or, property damage. (Ord. 1835 (part) , 1973 : Ord. 1279 (part)., 1967) . 7. 24 . 140 Permit--Term--Renewal. No permit required by this chapter shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less .than forty-five days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application or the payment of an additional fee when, in his opinion, the public health, safety and general welfare do not require further invest - gation prior to such renewal. (Ord. 1835. (part) , 1973: Ord. 1279 (part) , 1967) . 7. 24.150 Permit--Revocation. The chief animal con- trol officer may, for good cause, revoke any permit or mod- ify any terms or provisions thereof, after informal public . hearing, and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety,. suspend any permit or portion thereof without hearing, for a period not to exceed thirty days . (Ord. 1835 (part) , 1973 : Ord. 1279 (part) 1967) . 7. 24. 160 Permit--Appeal. Any person aggrieved by such action may, upon payment of an appeal fee of ten dol- lars have such action reviewed by the city council but the filing of an appeal shall not stay any order of suspension. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7. 24. 170 Applicability of chapter. The provisions of this chapter shall not apply to animals which are kept con- fined in any public zoo, museum or circus , carnival, exhi- bition or show. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . I 188 7 . 28.010--7 .28.020 . Chapter 7. 28 ANIMAL CARE AND CONTROL COMMISSION Sections : 7 .28 .010 Animal Care and Control Commission Created. 7. 28. 020 Powers -and Duties of Commission. 7. 28. 030 Application of Charter to Commission. 7 . 28 . 010 Animal Care and Control Commission created. Pursuant to Section 800 of the City Charter, there is created the Animal Care and Control Commission, consisting of .seven (7) members whose manner of appointment, terms and removal shall be as provided in Section 802 of the City Charter. The terms of four (4 ) of the original members of the Commission shall expire June 30, 1976; the terms of three (3) of the original members of the Commission shall expire June 30, i978 . (Ord. 1942, 9/74 ) . 7.28. 020 Powers and duties of Commission. The Animal Care and Control Commission will have the power and duty to : (a) Study and make recommendations to the city council for the operation and conduct of the animal welfare and control program of the city of Huntington Beach. (b) Study, review and recommend animal welfare and control legislation to the city council. (c ) Study, consider and recommend to the city. council contract specifications and . terms in connection with the con- tracting by city with an independent contractor of animal welfare and control services for the city of Huntington Beach. (d ) Review the methods and operation of any independent contractor who is providing animal welfare and control services for . the city of Huntington Beach, and make a report and recom- mendations to the city council at least annually and at such . other times as may be directed by the council. (e) Consider the qualifications of independent contractors who are interested in performing animal welfare and control services for the city of Huntington Beach, and make recommenda- tions to the city council. (f) Consider the annual budget for animal welfare and control services for the city of Huntington Beach, and during the process of its preparation, make recommendations to the city council. (g) Conduct periodic inspections of the premises of the city pound and report its findings and recommendations to the city council. (h) Review with the city's internal auditor the periodic audit of the books , records and accounts of the independent 188-1 7 .28.030 contractor who is providing animal welfare and control services to the city of Huntington Beach, and file a report with recom- mendations to the city council. (i) Exercise such other functions and duties not incon- sistent .with the Charter or this chapter as may be prescribed and directed by the city council. The functions , powers and duties of the Animal Care and Control Commission shall be advisory to the city council. (Ord. 1942, 9/74 ) . 7..28. 030 Application of Charter to Commission. All relevant provisions of Article VIII of the City Charter shall apply to the Animal Care and Control Commission. (Ord. 1942, 9/74 ) . 188-2 8. 04 . 010 Title 8 HEALTH AND SAFETY Chapters : 8. 04 Food Handling Establishments T0$ Lunch Wagons T.- Weed Abatement 8 20 Refuse Dust--Industrial Waste -32 Standing Water Rubbish PTO Noises Ve icles ' and Motorcycles Inoperable Vehicles 777 Mobile X-Ray Units T.70 Civil Defense--Emergency Services Farm Labor Camps Chapter 8. 04 FOOD HANDLING ESTABLISHMENTS Sections : 8. 04. 010 Definitions. 8. 04. 020 Permit--Required--Conditd.ons . 8. 04 . 030 Building construction certificate. 8. 04. 040 Permit--Building. 8. 04. 050 Sanitation requirements . 8. 04 . 060 Permit--Suspension. 8. 04. 070 Notice of violation. 8. 04 . 080 Violation--Hearing. 8. 04 . 090 Permit--Suspension for refusal of entry. 8. 04. 100 Permit--Summary suspension. 8. 04. 110 Premises closure supervised. 8. 04. 120 Administration rules . 8. 04 . 010 Definitions . The following terms used in this chapter shall have the meanings indicated below: (a) "Health department" or "department" means the Orange County health department , which acts as the health. department 189 8 . 04 . 020 of the city pursuant to resolution made under the provisions of Sections 476 and 477 of the Health and Safety Code of the state of California. (b ) "Health officer" means the county health officer or his deputy or assistant duly authorized to act in his behalf in case of his absence or incapacity. .(c ) "Inspector" means a sanitarian, as defined in Health and Safety Code Section 540, employed by the health department , or the health officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this chapter. (d) "Food-handling establishments" include land, build- ings, vehicles, ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food-handling establishments . (e ) "Bakery" shall be as defined in Section 2819.0 of the California Health and Safety Code. (f) "Food processing establishment" shall be as defined in Section 28280. 1 of the California Health and Safety Code. (g) "Restaurant" shall be as defined in Section 28522 of the California Health and Safety Code. (h) "Itinerant restaurant" shall be as defined in Section 28523 of the California Health and Safety Code. (i ) "Retail food production and marketing establishment" shall be as defined in Section 28802 of the California Health and Safety Code. U ) "Vehicle" shall be as defined in Section 28524 of the California Health and Safety Code. (k) "Vending machine business" means the business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located. (1) "Ice plant, self-contained ice plant , and ice dis- tributor" shall be as defined in Section 4003 of the California Health and Safety Code. (Ord. 1892, 6 Feb 74; Ord. 1254, 9/66) . 8. 04. 020 Permit--Required--Conditions . a It shall be unlawful for any person or other legal entity to operate any food handling establishment in which food is prepared, sold, processed or manufactured, or served . for public consumption without first applying for and receiving a food vending permit for such operation issued by the health department under the provisions of this chapter. Retail food production and marketing establishments shall not be subject to the provisions of this chapter. (b ) The food-handling establishments to which this chapter applies shall include, but not be limited to, any restaurant, itinerant restaurant, food vehicle, food vessel, bakery, food 190 8. 04 . 030--8. 04. 0110 processing 'establishment and ice plant located in the city and any vending machine business operating vending machines in the city regardless of the location of the facilities from which they are served. _ . (c.) Every applicant for a food vending permit shall file with- the health department a written application which shall state the name and address of the applicant , the location . of. the food-handling establishment, the character of the estab- lishment which is proposed to be conducted, and such other information as. the health department may require . (d) No permit shall be granted, renewed or reinstated unless the health department determines, upon making an. . investigation, that the food-handling establishment for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist in the establishment which are, or which may .be, unsafe, insanitary, unwholesome or detrimental to the he of the patrons, consumers, employees or the general public . (e) Nor shall a permit be granted, renewed or reinstated unless the health department determines that the condition of ,the food-handling establishment is in accordance with the requirements of all applicable provisions of the California Health and Safety Code, of this chapter, and that said food- handling establishments are capable of being operated in accordance with such laws and regulations . (f) Permits may be granted at any time. during the year, but all permits shall expire at the end of the calendar year. Each permit shall be posted in a conspicuous . place on the food-handling establishment or vehicle for which it is issued. (Ord. 1892, 6 Feb 74; Ord. 1254, 9/66; Ord. 514, 8/47 ) . 8. 04 . 030 Building construction certificate. Prior to the construction, conversion or alteration of any food estab- lishment, or construction or purchase of a model of vehicle not previously under permit to any person in the city, three (3) copies of the plans and specifications therefor shall be submitted to- the health department . The health officer or his authorized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and regulations. (Ord.. 1892, 6 Feb 74; Ord. 1254, 9/66) . 8. 04. 040 Permit--Building. The department of building and community development of the city shall notify the health department when plans are received to build or remodel a food establishment. (Ord. 1892, 6 Feb 74 ) . 191 8. o4. 050--8. o4. o8o 8 . 04 . 050 Sanitation requirements . (a) All food-handling establishments for which a permit is required by this chapter shall be constructed, equipped, operated and maintained so as to comply with the pertinent sections of the California Health and Safety Code . In addition, at least a single-compartment janitorial sink with hot and cold running water, or other approved facilities, shall be provided for general clean-up purposes . (b ) A hand lavatory shall be provided in each food prep- aration and packaging area for employees . (Ord. 1892, 6 Feb 74; Ord. 1254, 9/66) . 8. 04 . 060 Permit--Suspension. A permit issued under this chapter may be suspended, under the procedure set forth in Sections 8. 04. 010 through 8. 04. 100 for any of the .follow- ing reasons: (a) violation of state law; (b ) violation of this chapter; or (c ) upon a recommendation for revocation of the permit , pending a hearing thereon. (Ord. 1892, 6 Feb 74; Ord. 1254, 9/66; Ord. 514, 8/47) . 8. 04 . 070 Notice of violation. When any of the aforesaid laws , this chapter, or rules and regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation" specifying: (a) the acts and conditions constituting each violation; (b ) the provision or provisions violated thereby; (c ) the corrective steps required; (d) the date by which all such corrections must be completed, allowing a reasonable period therefor; (e ) that the permittee has a right to a hearing, upon request; and (f) that if no hearing is required, and if the health department does not receive notice that all such corrections have been made before 9 : 00 A.M. of the date named under (d) above, or within fifteen (15) days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected. (Ord. 1892, 6 Feb 74; Ord. 1254, 9/66) . 8. 04 . 080 Hearing. The permit holder shall have the right to a hearing, on all violations listed in the notice. The permit shall, however, be suspended unless the department receives from the permit holder, before 9 : 00 A.M. of the date specified under Section 8. 04. 070, a written or oral request for a hearing or a -notice that all violations have been corrected as specified. The hearing shall be held by the health officer or his duly authorized representative who is a qualified sanitarian 192 I 8. 04 . 090--8. 04.110 as defined in Section 540 of the Health and Safety Code and registered as provided in Section 542 thereof, but shall'. not be the inspector who reported the violations or who inspected any corrective measures taken. The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to. each violation, the order shall either: (a) suspend the permit until it is corrected; or (b ) extend the time or modify the measures to be taken for correction before suspension; or (c ) declare that the violation has been corrected so as to comply with the applicable law; or (d) declare that there was no violation. (.Ord. 1892, 6 Feb 74; Ord . 1254 , 9/66) . 8. 04 . 090 Permit--Suspension for refusal of entry. It shall be a violation of this chapter for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the food-handling establishments described in Section . 8. 04. 010, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the establishment . (Ord. 1892, 6 Feb 74 ; Ord , 1254 , 9/66) . 8. 04. 100 Permit--Summary suspension. Whenever an inspector finds insanitary or other conditions in the operation of any food establishment which, in his judgment, constitute an immediate and substantial hazard to the .public health, he shall issue a written notice to the permit holder or person . in charge of the food-handling establishment stating that the permit is immediately suspended and shall set forth the substance of the suspension as provided in Section 8. 04. 070. Any person to whom such an order is issued shall immediately comply therewith; but , upon request made to the inspector who orders the suspension, or the health officer or his authorized representative, either personally or by telephone or in writing, he shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request. (Ord. 1892, 6 Feb 74 ; Ord. 1254 , 9/66) . 8. 04. 110 Premises closure supervised. When any permit is first suspended hereunder, or when any. food-handling establishment governed hereby as defined in Section 8. 011 . 020 shall have been clos(:d for business and left in an insanitary condition, the health department shall have the power to enter , to insure that the food-handling establishments are closed down in the manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or 193 8 . 04. 120 is unwilling; or unable to remedy the condition of the food- handling establishment , the owner of the food-handling estab- lishment shall be notified of the insanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. (Ord. 1892, 6 Feb 74; Ord. 1254, 9/66) . 8 . 04 . 120 . Administration. The health officer may adopt and enforce rules and regulations necessary to administer this chapter including regulations pertaining to: (a) forms for applications, permits and notices ; (b ) forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits; and (c ) inspections of food-handling establishments and reporting thereon. (Ord. 1892, 6 Feb 74; Ord. 1254, 9/66) . Chapter 8. 08 LUNCH WAGONS Sections : 8. 08. 010 Restricted area. 8. 08. 020 Prohibited near public facilities. 8. 08. 010 Restricted area. It is unlawful for any person to place, keep or maintain or permit or cause to be placed or maintained, either for himself or as an employer, employee, tenant, landlord, agent , owner or representative , any wagon, truck, vehicle or other structure on wheels , where there is conducted a lunch counter, chili wagon, restaurant or other place where meals , lunches , sandwiches , coffee or other food- stuffs are served to the public, to be eaten on the place or in which any other business is conducted or carried on, within fire district no . 1, of this city . (Ord. 212, 2/21 ) . 8. 08. 020 Prohibited near public facilities . It is unlawful for any person, firm or corporation owning, driving or having control of any wagon or vehicle used in or for carrying on the business of peddler of fruits, buttermilk; milk, soda water, or any other beverage, ice cream, bread, crackers, cakes, pies, confections, sandwiches, meats or other edibles intended for use as food for human consumption, to sell, give away, or dispose of any articles named above to any school- child on any street, alley, lane, way or public place .within a ti- 194 (Pages 195 through 197 are not used) 8. 12. 010 _radius of eight hundred (800 ) feet of any school, park, play- ground or city or metropolitan park and/or operated recreation center. . (Ord. 887, 2/62) . Chapter 8.12 FLY CONTROL , Sections : 8. 12. 010 Definitions. 8. 1.2. 020 Public nuisance. 8. 12. 030 Premises inspection--Enforcement. 8. 12. 040 Inspection--Refusal of entry. 8. 12. 050 Abatement--Notice. 8. 12.060 Abatement--Hearing--Findings. 8. 12. 070 Abatement--Hearing--Determination. 8. 12. 080 Fly-control standards. 8. 12. 090 Abatement--Costs. 8. 12. 100 Abatement--Other remedies . . 8. 12. 110 Administration and enforcement . 8. 12. 120 Violation--Penalty. 8. 12. 010 Definitions . The following words and phrases whenever used in this chapter, shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words .and phrases : (a) "Commercial dairy farm" means any place or premises on which milk is produced for sale, or other distribution, and where more than two (2) cows or six (6 ) goats are in location. (b ) "Commercial poultry ranch" means any place or premises where poultry are maintained, raised or fed for the primary purpose of producing eggs or meat for sale, or other distribution. (c ) "Fly abatement board" means the administrative board composed of five (5) members appointed by the board of supervisors of Orange County, pursuant to Orange County Ordinance Section 42. 012 which is designated as the fly abatement board pursuant to this chapter. (d) ' "Fly-breeding hazard" means the accumulation, ex- istence or maintenance of any substance, matter, material or condition resulting in the breeding of flies in an amount 198 8. 12. 020--8. 12. 050. or manner as may endanger public health or safety, or `which•' may create unreasonable interference with the comfortable enjoyment of life and use of property by others . (E) "Horse stable" means any location where three or more horses are maintained for any purpose . (Ord. 1619 (part) , 1970) . 8. 12 .020 Public nuisance . Any fly-breeding hazard in the city if declared to constitute a public nuisance . (Ord. 1619 (part) , 1970) . 8. 12 . 030 Premises inspection--Enforcement. It is the duty of he healtho icer of Orange County, who is designated to enforce this chapter, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building or collection of plant or animal waste, or .any substance or existing condition on any lot, farm or other land, or on any other premises as a fly-breeding. ha- zard, to enter, after demand, upon such premises and to de- termine whether or not there is an existing fly-breeding hazard. The county health officer shall furnish each of his deputies and inspectors with identification in such form as he shall prescribe . (Ord. 1619 (part) , 1970) . 8. 12.040 Inspection--Refusal of entry. Except as to residences and .living quarters , the health officer, or his authorized deputies or inspectors , for the purpose of rou- .tine inspection , or whenever he shall have reasonable cause to believe that any violation of this chapter exists upon any premises or in any place , after displaying identi- fication may demand entry thereon in the daytime . Every person who owns , occupies or otherwise is then in possession of such premises and who, after such display and demand, refuses or willfully delays to open the same and admit an inspection thereof shall be guilty of a misdemeanor and subject to punishment upon conviction thereof by a fine not exceeding fifty dollars or• by imprisonment in the county jail for over five days or by both such fine and imprison- ment. (Ord. 1619 (part) , 1970) . 8. 12 .050 Abatement--Notice . (A) Whenever ther exists in any place within the city, a fly-breeding hazard, the county health officer shall notify in writing, by personal service, the record owner, his agent or person having control or possession of such place or premises , . to abate such nui- sance and take corrective measures to prevent its recurrence , and to appear at a public hearing to be held by the fly abatement board on a date set forth in the notice. A copy of such notice shall also be posted in a conspicuous place upon such place or premises . Such hearing shall be set .by 199 8 . 12. 060 the county health officer at least ten days after the date . . of such notice . (B) The notice shall specify what is claimed to be causing the hazard and what must be done to abate it, and shall direct the owner, or person in control or possession of the place or premises , to abate the nuisance, and to perform any and all work necessary to prevent the recur- rence thereof in the places or premises specified in the notice, prior to the time set for the public hearing by the fly abatement board, and shall advice such owner or person that in lieu of such abatement, if the fly abate- ment board determines that a fly-breeding hazard still ex- ists at the time of such public hearing, the county health officer will proceed to abate such nuisance, without further . notice, unless such nuisance is abated before a date speci- fied by the board, and the owner of such place or premises , and the person having control or possession thereof, jointly and severally shall be liable to the county for the total cost of such work, including all administrative costs , and such costs shall constitute a charge and lien upon such place or premises . (C) The notice shall be served upon the owner of re- cord, or person having control or possession of the place or premises upon which the nuisance exists , or upon the agent of either. Notices may be served in the same manner as a summons in a civil action by any person authorized by the health officer of Orange County for such purposes . (Ord. 1619 (part) , 1970) . 8. 12. 060 . Abatement--Hearing--Findings. At the time fixed for hearing by the fly abatement board, such board shall hear and consider all relevant testimony and evidence offered by the owner of record, or person having control or possession of the place or premises upon which the fly-breeding hazard is stated in such notice to exist by the county health officer or his agent, and by any other interested person. Upon the conclusion of the hearing, the board shall make the following findings : (A) Whether a fly-breeding hazard exists ; (B) What is causing the hazard specifically; (C) What should be done by the owner or operator to abate the hazard; (D) What work, if any, should be done by the owner or operator to prevent its recurrence; (E) Whether the owner or operator shall comply with any specific regulations of the health officer; and (F) Whether the health officer shall abate and speci- fically what he may do at his option, including but not lim- ited to directing the owner or person having control of the premises to abate the nuisance, provided that anything not included in the board's order shall not be done by the health officer. (Ord. 1619 (part) , 1970) . 200 8 . 12. 070--8.. 12 . 120 8 . 12 . 070 Abatement--Hearing--Determination. If the board determines that such fly-breeding hazard exists, it shall direct the county health officer to abate it , without further notice , unless the condition is abated and such work performed by the owner or operator on or before a date to be specified by the board. (Ord. 1619, 12/70) . 8. 12. 080 Fly-control standards . The fly abatement board, upon recommendation of the health officer, is author- ized to adopt fly-control standards for operation and design of commercial dairy farms, commercial poultry ranches and horse stables to serve as guidelines in the abatement pro- ceedings described in Sections 8:12. 060 and 8 . 12 . 070 . All such standards shall be printed . and made available to all dairymen, poultrymen and horse stable owners or operators. (Ord. 1619, 12/70 ) . 8 . 12 . 090 Abatement--Costs . All costs shall constitute a charge and special assessment upon such parcel of land incurred by the city and/or county. If such costs are not paid within a period specifically set by the city and/or county, they shall then be declared a special assessment against that parcel as provided in Government Code Sections 25845 and 38773 . 5 . Such special assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedures and sale. in case of delinquency as provided for ordinary county taxes . The city shall retain the additional. and independent right to recover its costs by way of civil action against the owner and person in possession_ or control, jointly or severally. (Ord. 1619, 12/70) .. 8 . 12 . 100 Abatement--Other remedies . The provisions of this chapter are to be construed as an added remedy to abate the nuisance declared, and not in conflict with or derogation of any other actions or proceedings or remedies otherwise pro- vided by law. (Ord. 1619, 12/70) . 8 . 12 . 110' Administration and enforcement . Without lim- iting the power of city so to do, the county of Orange and all its officers , employees and agents are authorized and empowered to enforce and administer the provisions of this chapter within the city . (Ord. 1619, 12/70) . 8. 12. 120 Violation--Penalty . Any owner of person hav- ing control of any place or premises upon which there is existing a breeding place for flies, who refuses or neglects to abate same or to take corrective measures to prevent its recurrence, in accordance with the written notice, shall be guilty of a misdemeanor and subject to punishment upon convic- tion thereof by a fine not exceeding Five Hundred Dollars ($500) 201 8 . ].6. 010--8 . 16 .040 Or• r)r.e hurn(lred ( 100) day.-, imprisonrent to the county jail , or by both such fine and imprisonment . (Ord. 1619 , 12/70) . Chapter 8 . 16 WEED ABATEMENT Sections : 8. 16 .010 Removal--Required. 8. 16 .020 Nuisance declared. 8. 16 .030 Removal--Notice to owner. . 8. 16 . 040 Notice--Form--Service . 8. 16 . 050 Delinquency--Estimate given to council . 8. 16 .060 Ordering of work by city . 8. 16 . 070 Extension of time . 8 .16. 010 Removal--Required. All persons owning any real property in this city are required to keep said property free. from weeds whose seeds are of a winged. or downy nature and . are spread by the winds . (Ord. 84, 10/11) . 8.16. 020 Nuisance declared. Any such weeds on any such real property in this city are declared to be a nuisance. .(Ord. 84 , 10/11 ) . 8 .16. 030 Removal--Notice to owner. It shall be the duty of the superintendent of streets to notify, in the man- ner hereinafter provided, the occupants and owners of any premises in this city to eradicate and remove , within ten (10) days from the receipt of such notice , all weeds whose seeds are of a winged or downy nature and are spread by the winds , from the property they own or occupy in this city, and that upon failure to do so within ten (10) days , this city will cause the weeds to be removed at the expense of said owner. (Ord. 843 10/11 ) . 8. 16. 040 Notice--Form--Service. The notice to remove weeds shall be given in writing, by serving personally upon the occupant (if there be any occupant) and upon the owner, each a copy of such notice , directed to the owner, or if the owner be a nonresident of the city, by serving the occupant (if any ) personally, and by mailing by registered mail, a like copy in writing to the owner at his last known address as shown by the last assessment of the city, if said address appears thereon, or if no address appears thereon the same shall be addressed to him at the city of Huntington Beach, or if there be no occupant, by posting a copy of the notice in a conspicuous place, upon each lot or legal subdivision of the premises , and serving a copy upon the owner as herein- after provided. (Ord. 84 , 10/11) . 2102 8.16 .0507-8 . 20 .010 8 . 16 . 050 : Delinquency--E.3timate given to council . At the expiration of ten (10 ) days from the sending or serving of the notice if the weeds are not removed . from the property , the superintendent of streets shall thereupon report t he 'delin quency to the council with an estimate of the probable cost of doing the work. (Ord. 84 , 10/11) . 8 . 16 . 060 Ordering of work by city. The council must then order the superintendent of streets to do the same work, at the expense of the owner of said property, and provide for temporary payment of the same with city funds . (Ord. 84, 10/11) . .. 8 . 16 . 070 Extension of time . The council may , in its dis- cretion extend the time within which the work must be done . (Ord. 84., 10/11) . Chapter 8. 20 Refuse Sections : 8. 20 .010 Definitions . 8. 20 .020 Leaving in public places . 8.20 .030 Occupant responsible for premises . 8. 20 .040 Accumulation prohibited. 8. 20 . 050 Storage . 8:20 . 060 Containers--Location. �- 8. 20 .070 Container--Interference . 8. 20 .080 Container--Improper substances . 8 .20.090 Collection--Manner. 8. 20 .100 Collection--Single family residence. 8. 20 . 110 Collection--Other premises. 8. 20 . 120 Collection--Excluded refuse.. 8. 20 .130 Collection--City contract . 8. 20 . 140. Transportation--Conveyance approval. 8. 20 .150 Disposal methods . 8 . 20 .160 Disposal--Certificate required when. 8. 20 .170 Certificate--Application--Filing. 8. 20 . 180 Certificate--Application--Contents . 8. 20 .190 . Certificate--Application--Transmitted, to departments . 8 . 20 . 200 Certificate--Granting. 8. 20 . 210 Other licenses and permits . 8. 20 .220 Certificate--Council hearing. 8 . 20 . 230 Certificate--Council action. 8 . 20 .240 Certificate--Revocation. 8 . 20 . 250 Liability insurance . 8. 20 . 260 Violation--Penalty . 8 . 20. 010 Definitions . The following definitions shall apply in the interpretation and enforcement of these regulations : (a) "Basic level of service" means that level of col- lection and disposal service necessary to collect refuse generated by an average family in one single family resi- dence , as specifically provided in any given contract be- tween the city and any person for collection of such refuse, 203 8 . 20.010 or as provided by resolution of the city council. Refuse . . items or substances excluded from collection by regulation of the director or by contract , as hereinafter provided; refuse capable thereof which has not been placed in contain- ers or bundles within the weight and size limits hereinafter set forth for containers or bundles , any unit of refuse which exceeds four feet in length or which exceeds forty pounds in weight, and any amount of refuse in excess of that provided by such contract or such resolution as that generated by an average family in one single family residence, are excluded from the "basic level of service. " (b) "City refuse collector" means any collector either employed by or under contract with the city to provide re- moval, transportation, and disposition of refuse from resi- dents and users of premises within the city . (c ) "Collection" means pickup, removal, transportation or disposition of refuse, except by a person with refuse from premises owned, occupied or used by such person, as hereinafter provided. (d) "Director" means the Huntington Beach director of public works or his authorized representative . (e ) "Garbage" means all putrescible solid wastes , in- cluding but not limited to vegetable matter, animal offal and carcases of small animals , discarded food containers , leaves , cuttings , trimming from trees , shrubs and grass , excluding human excrement and animal manure . (f) "Nonsingle family residence" means and includes all locations specifically excluded from subsection (k) . (g) "Person" means any individual, firm, governmental unit , organization, partnership, corporation, company or other entity . (h) "Refuse" includes both garbage and rubbish. (i) "Refuse collector" means any person who picks up, removes , transports or disposes of refuse, other than one who does so from his own premises . Q ) "Rubbish" means all nonputrescible solid wastes , including but not limited to special handling items such as trees , tree limbs , logs , automobile bodies, motor vehicle parts , building materials , appliances, household goods , sod and dirt , metal , wood and rock. (k) "Single family residence" means and includes every lot in the city upon which is situated one dwelling unit designed for or used as living quarters by human beings . It shall not include any lot upon which there is located any hotel , motel, lodge , hall, club , tourist camp, trailer camp, church, business or industrial establishment , or any lot containing more than one dwelling unit or any lot upon which any commercial or industrial activity is conducted unless such activity is conducted in a single family resi- dence. 204 8. 20. 020--8. 20. 050 W. "Solid wastes" means all putrescible and nonpu- trescible solid or semi-solid wastes including semi-liquid or wet wastes with insufficient moisture and other liquid contents to be free flowing. (Ord. 1788 (part) , 1972 : Ord. 1688 . (part) , 1971) . 8. 20 .020 Leaving in public places . No person shall deposit, sweep, throw, discard or leave . any refuse or cause such refuse to be deposited, swept, placed, thrown, discarded or left upon any public street, highway, alley, sidewalk, street parking or other public place in this city. (Ord. 1788 (Part) , 1972 : Ord.. 250 , 1922) . 8. 20 . 030 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 sewer effluent, excrement, slop or stagnant water, butcher offal, market. refuse , garbage , dead animal or any other noxious .or offensive matter of any kind, or any other substance that may become offensive , to be de- posited or to remain thereon except as otherwise provided by law. (Ord.. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 . 040 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. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 . 050 Storage. (A) Garbage shall be stored in a container of a type approved. by the director. Every such container shall be constructed of metal , or equally durable material, in such a manner as to be strong, watertight, not easily corrodible, fly-proof, and rodent-proof. Such con- tainer shall have handles or other attachments designed for and capable of lifting, and shall have covers which shall be kept in place at all times , except when garbage or other refuse is being deposited or removed from such container. Such cover when in place shall fit so as to. render fly-proof any covered container. A sufficient number of containers shall- be provided to hold at least one week ' s accumulation of garbage. Each garbage container shall be kept clean .so that no odor or other nuisance will exist. . Containers for single family residences shall have a capacity not to ex- ceed thirty-two gallons and shall not weigh more than six- ty pounds when filled. (B) Rubbish shall be stored in such a manner that it will not provide harborage to rats , nor cause a fire hazard. (C) Equally .durable nonmetallic containers may include but shall not be limited' to heavy plastic or "wet-strength" 205 8 . 20. 060--8 . 20. 080 kraft paper throwaway. refuse bags of a type approved by the director. Such bags shall comply with all of the requirements of subsections (A) and (B) except for the requirements of handles and covers . (D) Tree trimmings and other similar matter shall be tied in bundles measuring not more than foul` feet long and weighing not more than forty pounds . (Ord. , 1788. (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 .060 Containers--Location. (A) Each refuse con- tainer and any accumulation of refuse which is for collection, shall be kept or placed in such a manner as not to be visi- ble from the public street except during or for the time fixed for to collection thereof. During such period, any containers or any accumulation of refuse which is for col- lection, shall be placed as follows : (1) Near Alley. On the premises , within five feet of the rear property line, where there is a through alley in the, rear of the premises ; (2) Access from Side Entrance. On the premises at an accessible point adjacent to any side entrance thereto where no through alley exists ; (3) At Curb. At the curb in front of the premises , where no through alley or side entrance exists . (B) No refuse container nor any accumulation of refuse which is for collection, shall be placed for collection in any public way, or at any curb or in any location visible from a public street, prior to six p.m. on the day preceding collection; any such refuse container shall be removed with- in two hours after collection, and in no case later than ten p.m. on the day of collection. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 .070 Container--Interference. No person except the owner thereof, his agent or employee., a duly authorized city employee , or any employee of the refuse collection con- tractor, shall interfere in any manner with any refuse con- tainer, or any accumulation of rufuse which is for collec- tion, nor shall any person remove such container or accumu- lation from the location where it shall have been placed by the owner, his agent or his employee. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) .. 8. 20 . 080 Container--Improper substances . No person shall place or cause or permit to be placed in any refuse container any substance or material other than refuse as defined in this chapter. Large items included in the def- inition of rubbish , exceeding four feet in length or forty pounds in weight, shall not be placed in refuse containers . Persons wishing to dispose of such large rubbish items shall inform either the department of public works or the refuse 206 8 . 20. 090--8. 20. 120 collection contractor and make special arrangements to have the items. removed. The refuse collection contractor 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. (Ord. 1788, 11/72; Ord. 1688, 12/71) . 8 . 20 . 090 Collection Manner. The owner, occupant, ' tenant . or lessee of any premises shall remove,!: or cause to be removed, all garbage from said premises at least . once a week. The city refuse collector shall remove from, the premises all refuse which has been placed for collection, which refuse is of a type and in an amount provided by contract with the city. Any removal of refuse by the city refuse collector, any . refuse collector, or any person shall be performed in a neat , orderly 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. ' Refuse shall be the property of the collector thereof from the time of pickup to the time of disposal. (Ord. 1788 11/72; Ord. 1688 , 12/71) . 8 . 20. 100 Collection--Single family residence . (a) The city , or some person under contract with the city to do so., shall operate and maintain a service for the collection of refuse from single family residences in the city , on a regu- larly scheduled basis approved by resolution of the city council, not less frequently than once each week. The direc- tor may by regulation exclude from such service any item or substance deemed hazardous , obnoxious or otherwise inap- propriate for such service . (b ) All refuse included in the basic level of service, which is generated, accumulated, and lawfully placed for collection at any single family residence in the city, shall be . collected exclusively by the city refuse collector. (Ord. 1788, 11/72; Ord. 1688, 12/71) . 8. 20. 110 Collection--Other premises . Any premises other than. single family residences may, at the option of . . the -owner or occupant thereof, use the collection service operated by the city. refuse collector, as hereinbefore pro- vided, for refuse not excluded from the basic level of service . (Ord. 1788 , 11/72; Ord. 1688, 12/71) . 8. 20.120 Collection--Excluded refuse. The owner or occupant of each and every premises in the city which generates. 207 0. 20 . 130- 8. 2, . 7.6o -efuse excludo�3 from the basic level of service , and the owner or occupant of premises other than a single family residence who has chosen not to use the collection service operated by the city refuse collector for refuse generated on the premises , shall contract for the collection of all such refuse with some lawful refuse collector in the city; such excluded . refuse may also be removed and disposed of by such owner. or occupant in a manner approved by the director and consistent with the provisions of this chapter. (Ord. 1788, 11/72 ; Ord. 1688, 12/71 ) . 8 . 20. 130 Collection--City contract . 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 in the premises . Persons awarded contracts pursuant to this section shall be exempt from provisions of Section 8. 20 . 160 of this chapter during the term thereof. (Ord. 1974 , 7 May 1975 ; Ord. 1788, 11/72; Ord. 1688, 12/71) . 8 .20. 140 Transportation--Conveyance approval. No refuse . collector shall transport refuse in a conveyance that has not been approved by the director. All vehicles used in collect- ing and transporting refuse shall be provided with metal bodies so constructed as to be leakproof and to prevent loss , spillage or blowing away of any contents collected or trans- ported -within the city . Such vehicles shall be thoroughly cleaned daily to eliminate odors and decayed materials . (Ord. 1788, 11/72 ; Ord. 1688, 12/71) . 8 . 20. 150 Disposal methods . No refuse collector or other person shall dispose of refuse, except by one of the following methods.: (a) By burying refuse in a sanitary landfill that is designed, operated and equipped in accordance with regula- tions set forth by the board of supervisors of Orange County; (b ) By burning refuse in an incinerator of a type approved by the director; (c ) Any person may dispose of refuse from premises owned, occupied or used by such person in a manner approved by the director and consistent with the provisions of this chapter. (Ord. 1788, 11/72; Ord. 1688 , 12/71) . 8 . 20 . 160 Disposal--Certificate required when. No person shall remove , transport or dispose of refuse without a certificate of public need and necessity as granted by the cite council under the provisions of this code , provided 208 `J I 8. 20. 170--8.20.200 that. this section shall apply to no person lawfully dispos- ing of refuse from his own residence or. business establish- ment. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 . 170 Certificate--Application--Filing. An applica- tion for a certificate shall be filed with. the city clerk. Each: application shall be accompanied by a nonrefundable fee in the amount of fifty dollars . (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 . 180 Certificate--Application--Contents . The appli- cation shall be in writing and verified, and shall contain the following information: (A) The name, age, business and residence addresses and telephone numbers of the applicant, if a natural person; or if a corporation, its name, date and place of incorpora- tion, address and telephone number of its principal place of business , and­the names of its principal officers , togeth- er with their respective residence and business telephone numbers ; or if a partnership, association or unincorporated company, the names of the partners or of the persons compris- ing such association or company, and the business and resi- dence of each partner; (B) The schedule of 'rates proposed to be charged for such service; (C) The volume or extent of the service proposed to be -� provided; (D) ' The application shall contain such additional in- formation as the council may require. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 . 190 Certificate--Application--Transmitted to de- partments . Upon receipt of the application for a certifi- cate, the city clerk shall send a copy of the application to the city administrator, the department of building and safe- ty, planning department, police department and department of public works for report to the city administrator con- cerning the need and necessity for such service. (Ord. 1788 (part) , 1972 : Ord. 1688. (part) , 1971) . 8. 20 . 200 Certificate--Granting. A certificate shall be granted by the city council upon a finding that the public need and necessity requires the operation or provision of the service proposed by applicant , and that the experience , back- ground, capitalization and equipment is such that applicant is likely to comply with all laws and is likely to provide services in a manner which will reasonably satisfy the needs of the area proposed to be .served. In the event that the number of applicants shall exceed the number of certificates . required by public need and necessity, the city council 209 8 . 20. 210--8 . 20. 240 shall grant the required certificate or certificates to the applicant or applicants it deems best suited under the stan- dards set forth in this section. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 . 210 Other licenses and permits . The granting of a certificate pursuant to this chapter shall not relieve any person of his duty to obtain licenses and permits required by other chapters of this code , nor from complying with any ordinance of this city or law of this state. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 .220 Certificate--Council hearing. Upon receipt of the application for a certificate , the city clerk shall set the matter for public hearing before the city council at the next meeting at which it is possible for the matter to be heard, provided such public hearing shall be not less than thirty days after the application is filed. The clerk shall give the applicant written notice of the time , date and place of hearing at least ten days prior to the hearing unless such notice is waived by applicant in writing. The applicant, as well as any person connected therewith, shall answer all questions propounded at the hearing by or on behalf of any . member of the city council. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20 . 230 Certificate--Council action. After hearing, the city council may grant the certificate to the full ex- tent .requested,' deny the application, or grant a portion of the application, and may impose any conditions on the grant- ing of such certificate , or on the exercise of the privi- leges thereby granted, as the city council deems necessary for the protection of the public health and safety and for the general welfare of the residents of the city. The de- cision of the city council granting in whole or in part any certificate shall be by resolution , and any such deci- sion or a decision to deny the application shall be final. (Ord. 1788 (part) , 1972 : Ord. 1688 (part) , 1971) . 8. 20. 240 Certificate--Revocation. Any certificate may be suspended or revoked by the city council or addition- al conditions may be imposed .upon any certificate holder, after notice to certificate holder and hearing, for the fol- lowing reasons : (A) Failure to provide the service efficiently for which the certificate was issued; (B) Failure to comply with applicable laws , ordinances or regulations or with the reasonable instructions or direc- tions of the director; (C) . Failure to secure and maintain in effect the insur- ance required by this chapter; 210 8 . 20 .250--8 . 20. 26o (d ) Failure to acquire any permit required by this code or to pay any license fee required by this code ; (e ) Failure to keep structures, :equipment or vehicles in a safe, sanitary , lawful and operable condition at all times ; ( f) Failure to comply with any condition imposed as provided hereunder. (Ord. 1788, 11/72; Ord. 1688, _12/71).. 8 . 20 . 250 Liability insurance : The applicant shall file with the city clerk, prior to the issuance of any certificate, and thereafter keep in full force and effect , a certificate of. ins.urance, issued by an insurance carrier authorized to do business, in the state,' insuring the public against any loss or damage that may result to any person or persons or property from the operation of such service and naming the city as an additional insured, provided that the minimum . liability limits shall be as follows : (a) Combined single limit bodily injury and/or property damage, including products - liability, $1,000 ,0oo aggregate; (b ) Additional Insured Endorsement . The insured agrees that the city of Huntington Beach, and/or members of the Huntington Beach city council , and/or all city council-appointed groups , committees , commissions , boards and any other city council-appointed body, and/or elective and appointive offi- cers , servants or employees of the city, when acting as such are additional assureds hereunder. (c ) Hold Harmless Agreement . The insured agrees to pro- tect , defend, indemnify and save harmless the city against loss , damage or expense by reason of any suits , claims , demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor arising out of or in consequence of the performance of all operations covered by this certificate . Such certificate shall provide that any policy required hereunder cannot be cancelled without thirty days '. written notice to the director. (Ord. 1882, . 12/73; Ord. 1788, 11/72 ; Ord. 1688, 12/71) . . 8. 20 .260 Violation--Penalty. (a) Any person who vio- lates any provision of this chapter shall be guilty of a mis- demeanor, and shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months , or by both. Each day of the existence of any continuing violation shall constitute a separate offense . (b) The provisions of this chapter shall be enforced by the department of public works of the city. (Ord. 1788, 11/72; Ord. 1688 , 12/71) . I%W 211 8 . 24. 010--8 . 24 . 050 Chapter 8 .24 DUST--INDUSTRIAL WASTE Sections : 8 . 2h . 010 Industrial waste defined. 3 . 24. 020 Prohibited when nuisance . 3 . 24 .030 Escape of smoke, carbon and soot . 8. 24. 040 Abatement--Owner notification. 8 . 24. 050 Abatement--Notice direction. 8 .24 . 060 Abatement--Notice--Service . 8 . 24 . 070 Abatement--Failure. 8. 24. 080 Abatement--Notice of city intention. 8. 24. 090 Abatement--Hearing request . 8. 24 . 100 Abatement--Refusal--Misdemeanor. 8. 24 .110 Provisions nonexclusive . 8.24 . 010 Industrial waste defined. "Industrial waste" means any and all liquid or solid waste substance in sewage from any processing or manufacturing of whatever nature. (Ord. 1091, 10/64) . 8.24. 020 Prohibited when nuisance. It is unlawful for any person, firm or corporation to permit, maintain, or create a situation wherein the dust, smoke, soot, carbon or indus- trial waste on any property, under his, her or its control, creates a public nuisance . (Ord. 1253, 9/66; Ord. 1091, 10/64 ) . 8.24 . 030 Escape of smoke , carbon and soot . No person shall cause , permit or allow smoke, carbon or soot from any fire being operated, used, maintained or fired by such per- son to escape from any smokestack, chimney, flue , vent , fire- box, kiln or furnace . (Ord. 1253, 9/66) . 8.24. 040 Abatement--Owner Notification. Whenever there exists in any place within the city a public nuisance , as defined by . Section 1. 04 . 030 (f) of this code , created by industrial waste or dust, a health officer, police officer or the city attorney shall notify in writing the record owner or person having control or possession of such place or premises to abate such nuisance. (Ord. 1935, 10/74; Ord. 1253, 9/66; Ord. 1091, 10/64 ) . 8. 24. 050 Abatement--Notice direction. The notice shall direct the owner or person in control or possession of the place or premises , within the time specified in said notice, to abate the nuisance and to perform any and all work neces- sary to prevent the recurrence thereof in the places or prem- ises specified in the notice. (Ord. 1091, 1.0/64) . i 212 8. 24 .060--8. 04. 100 8 .24. 060. Abatement--Notice--Service. The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nui sance exists , or upon the agent of either. Notices may be served by any person authorized by the- health officer for such -purpose in the same manner as a . summons in a civil action. (Ord. 1091, 10/64) .. 8.24. 070 . Abatement--Failure. Upon the neglect or refusal of the owner, or person having control or possession of any place or premises to comply with 'the notice to abate, ' the health officer may abate such nuisance and the owner of such place or premises , or the person having control or possession thereof, shall be liable to the city for the costs of such abatement which may be recovered in a civil action. (Ord. 1091, 10/64 ) . . 8. 24 . 080 Abatement--Notice of city intention. In the event the health officer elects to abate the . nuisance ,. he shall"serve or cause to be served upon the record owner or the person in control or possession of the premises a "Notice of Intention to Abate" and if . a hearing is not requested before the city council as - hereinafter provided within ten (10) days after service of the "Notice .of Intention to Abate," the health officer may proceed to . abate any such nuisance as here- inafter provided. (Ord: 1091, lo/64) . 8.. 24.090. ;Abatement--'Hearing request . The request for hearing shall be in writing and .be filed with the city clerk. Notice of the time and place where the city council will con- sider. the matter shall be mailed by the' city clerk to the applicant and to the health 'officer. At the time fixed for the hearing, the city council shall hear 'and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the health officer. Upon the conclusion of the hearing the city council shall determine whether a condition contrary to the provisions of this chapter exists..and whether the health officer may abate . (Ord. 1091, 10/64) . 8. 24. 100 Abatement--Refusal--Misdemeanor. Any owner or-person- having control of any place or premises upon which there is a public nuisance created by industrial waste or dust, who refuses or neglects to abate the same or to take corrective measure to prevent its recurrence with the written notice from the health officer within the time specified in said notice, shall be. guilty of. a misdemeanor and subject to punishment upon conviction .thereof by a fine not exceeding Five Hundred Dollars ($500) or one hundred (100) days imprisonment in the county jail or both such fine and imprisonment . . (Ord. 1091 , . 10/64) .. . 213 8. 24. 110---8. 32 .010 . 8. 24 . 110 Provisions nonexclusive. Provisions of this Chapter in reference to abatement are to be construed as an added remedy of abatement of the nuisance declared and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (Ord. 1091, 10/64.) . Chapter 8.28 OIL WASTE (RESERVED) Chapter 8.32 STANDING WATER 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 situated standing water which may have accumulatedby natural or other means , which standing water shall, in the (Continued on Page 215) J 214 8.32:..020 —8,36.020 opinion of the city health officer or the city building direr- tor, be an attractive nuisance to children by reason of the . location depth, condition, soil factor and accessibility to children shall cause the nuisance to be abated, or in the alternative, .erect a five foot fence completely around said body 'of water and if any gates are located within the fence, all gates shall .at all times be securely .closed and locked. (Ord. 1233 (part) 1966) . 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 days and .if there is not com- pliance , said officer shall cause a citation or compliant to be issued. (Ord. 1233 (part) , 1966) . 8. 32. 030 Violation. Violation of this chapter shall be punishable as a misdemeanor. (Ord. 1233 (part) , 1966) . Chapter 8. 36 RUBBISH Sections : 8. 36 .010 Accumulation--Prohibited. 8. 36 . 0.20 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. I10 Criminal prosecution. 8. 36 . 120 Permitting -nuisance--Misdemeanor. 8. 36 .010 Accumulation--Prohibited. Every owner and oc- cupant of real property shall keep said property free of any accumulation of trash, junk, debris , rubbish or refuse . (Ord. 1668 (part) , 1971) . 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. (Ord. 1668 (part) , 1971) . 215 8 . 36. 030--8. 36. 060 8. 36 . 030 Removal--Notice--Compliance. It shall be the duty of the director of building and safety 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 days from the giving of such notice , any accumula- tion of trash, junk, debris , rubbish or refuse from such real property, and that upon failure to do so within such ten 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 mu- nicipal taxes . (Ord. 1668 (part) , 1971) . 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 nonres- ident 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, of if no address appears thereon, the same shall be addressed to him at the city of Huntington Beach, and if there be no such address or occupant, by post- ing 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. (Ord. 1668 (part) , 1971) . 8. 36 .050 Removal--Delinquency--Hearing. At the date And time so set by the notice , if the accumulation of trash, junk, debris , rubbish or refuse is not removed from the prop- erty, the director of building and safety shall thereupon re- port 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 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. (Ord 1668 (part) , 1971) . 8. 36 .060 Abatement by city--Work order. The city coun- cil, after such public hearing, upon a finding of the exis- tence of any accumulation not otherwise permitted by law of . trash, junk , debris, rubbish or refuse, shall order the di- rector of building and safety :to do said work, at the expense of the owner of the property,-and provide for temporary pay- ment of the .same with city funds . (Ord. 1668 (part) , 1971) . 216 8. 36. 070--8. 36. 120 8. 36 .070 Extension of time . The city council may , in its discretion,. . extend the time within which the work must be 'done. (Ord. 1668 (part) , 1971) 8. 36 .080 Abatement by city--Records kept. At the com- pletion of the work, the director of .building and safety must prepare a statement of the proceedings , reciting the exis- tence of the nuisance, the description of the property, the names of, the owners and occupants, if known, the giving of the 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. (Ord. 1688 (part) , 1911) . 8. 36. 090 Abatement by city--Records filed. Such state- ment-must be signed and verified by the director of building and safety and filed with the city council. (Ord. 1668 (part) , 1971) . 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. (Ord. 1668 (part) , 1971) . 8. 36. 110 Criminal prosecution. The collection of the cost of abatement shall. not. be a bar to criminal prosecution for nuisance. (Ord. 1668 (part) , 1971) . 8. 36. 120 Permitting nuisance--Misdemeanor. Every oc- .cupant 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_ contin- ues , .after said notice on each lot or parcel on which the nu- sance shall exist. (Ord. 1668 (part) , 1971) . Chapter 8. 40 NOISES* Sections : 8. 40 .010 Declaration. 8. 40 .020 Prohibited noises . * ..For provisions regarding regulation of airport noise see Chapter 9 . 56 . 217 8 . 40. 010--8 . 40. 020 8. 40 .010 Declaration. It is found and declared that: (A The making and creation of loud, unnecessary or unusual noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noise is increasing; (B) The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use effect are a detriment to public .health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and (C) The necessity in the public interest for the pro- visions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provi- sions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and pro- moting the public health, comfort, convenience , safety, wel- fare and the peace and quiet of the city and its inhabitants . (Ord. 1006 (part) , 1963) . 8. 40 .020 Prohibited noises . It is unlawful for any per- son to make , continue , cause or allow to be made or continued, any loud, unnecessary, unusual or unreasonable noise or any noise which annoys , disturbs , injures or endangers the com- fort, repose , health , peace or safety of others within the limits of the city and the following acts and things , among others , are declared to be loud, disturbing, injurious , un- necessary and unreasonable noises in violation of this chap- ter but said enumerations shall not be deemed to be exclusive, namely : (A) Horns , Signaling Devices , Etc. The sounding of any horn or signaling device on any automobile, motorcycle , street car or other vehicle on any street or public place of the city , except as a danger warning; the creation, by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary . and unreasonable period of time ;- (B) Radios , Phonographs , Etc. The using, operating or permitting to be played, used or operated any radio, receiving set, television set, musical instrument , phonograph, juke box or other machine or..device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and com- fort of the neighboring inhabitants or at any time with loud- er volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are volun- tary listeners thereto. The operation of any such set, in- strument, phonograph , machine or device between the hours of eleven p.m. and seven a.m. in such manner as to be plainly audible at a distance of fifty feet from -the building, struc- ture or vehicle in which it is located shall be prima .facie evidence of a violation of this section; ..� 218 8. 40. 020 (C) Loudspeakers , Amplifiers , Etc. , Upon Public Streets. The using, operating or permitting to be played, used or operated of any radio, receiving set, musical instrument, phonograph , loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which -is cast upon the public street which sound emits more than ten decibels of sound over the otherwise average level of sound measured at a distance of fifty feet from the source of the sound is a nuisance ; (D) Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing on the public streets particularly be- tween .the hours of eleven p.m. and seven a.m. or at any time or place so as to annoy. or disturb the quiet, comfort or- re- pose of persons in any office, or in dwelling, hotel or other type of residence, or any persons in the vicinity; - (E) Animals or Birds . The keeping of any animal or bird which by causing frequent or long continued noise shall dis- turb 'the comfort or repose of any persons in the vicinity; (F) Steam Whistles . The blowing of any locomotive steam whistle or steam whistle attached -to any stationary boiler except to give notice of time to begin or stop work or as a warning of fire .or danger, or upon request of proper city authorities; (G) Exhausts . The discharge into the open air of the exhaust of any steam engine, internal combustion engine sta- tionary or mounted on wheels to run on rails or otherwise, - motorboat, or motor vehicle through a muffler or other de- vice which will result in loud or explosive noises therefrom; (H) _ Defect in Vehicle or Load. The use of any auto.no- bile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattlings or other noises ; (I) Loading, Unloading., Opening Boxes . The creation of loud and explosive noise in connection with loading or unloading any vehicle or the opening and destruction of 'bales , boxes , crates . and containers ; (J) Construction or Repairing of Buildings . The erec- tion- (including excavating) , demolition, alteration or re- pair of any building other than between the hours of seven a.m. ; and six p.m. on any day except Sundays , except in case of urgent necessity in the interest of public health and safety and then only with a permit from the director of building and community development which permit may be grant- ed for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while. the emergency continues . If the director of building and community development .should deter- mine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of six. p.m. and seven a.m. and if he shall further 219 8. 40. 020 determine that loss or inconvenience would result to any part in interest, he may grant permission for such work to be done within the hours of six p.m. and seven a.m. ; (K) Schools , Courts , Churches , Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while .the same are in use , or adjacent to any hospital, which unreasonably in- terferes with the working of such institution, or which dis- turbs or unduly annoys patients in the hospital, provided. conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street; (L) Hawkers , Peddlers . The shouting and crying of peddlers , hawkers and vendors which unreasonably disturbs . the peace and quiet of a neighborhood or of a considerable number of persons ; . (M) Drums . The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale; (N) Transporting Metal Rails , Pillars and Columns. The transportation. of rails., pillars or columns of iron, steel or other material, over and along streets and other pub- lic places upon carts, drays , cars , trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places ; (0) Operating Street Railway Cars. The causing, per- mitting or continuing of any excessive, unnecessary and avoid- able noise in the operation of a street railway car; (P) Pile Drivers , Hammers , Etc. The operation between the hours of six p.m. and seven a.m. of any pile driver, steam or gasoline shovel , pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is atten- ded by loud or unusual noise ; (Q) Blowers . The operation of any noise-creating blower, power fan or any internal combustion engine, the op- eration of which causes noise due to the explosion of oper- ating gases or fluids , unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device , sufficient to deaden such noise; (R) Compressor, Fans , Etc. The use of any electri- cally operated compressor, fan or other device between the hours of six p.m. and seven a.m. in such a manner as to pro- duce noise or vibration so as to annoy or disturb the quiet, comfort or repose of persons in the area or neighborhood; (S) Sand and Gravel Removal . No person shall excavate or remove any sand or gravel from any residence lot or' prop- erty within the city, unless a permit shall first have been granted by the council for such excavation. (Ord. 1935 §§53, 54 , 55 , i974 : Ord. 1354, 196.7 : Ord. 1072 , 1964 : Ord. 1006 (part) , 1963) . 220 8. 44 . olo--8:44. 020 Chapter 8. 44 VEHICLES AND MOTORCYCLES Sections : 8. 44. 010 Scope and purpose. 8. 44. 020 " Definitions. 8. 44. 030 Prohibited areas of operation. 8. 44. 040 Exceptions--Permit obtained. 8. 44. 050 Permit--Contents. 8 44.:060 Permit--Refusal--Appeal. 8. 44.070 Permit--Revocation or suspension. 8. 44. 080 Violation--Penalties 8. 44. 010 Scope and purpose. The city council finds that the operation of licensed and unlicensed vehicles , motorcycles and motor-driven cycles on unimproved private property and on public parkways , sidewalks , parklands, beaches and other public property (except public streets and highways ) in the city creates excessive amounts of irritating dust , fumes , noise, erosion and fire danger; and constitutes a public nuisance to the residents of HuntingtonBeach. This chapter is designed to regulate the operation of registered and un- registered vehicles, motorcycles and motor-driven "cycles by all persons, whether they possess a valid California motor �r vehicle operator' s license or not, upon unimproved private property and upon all public property except public streets and highways in the city. (Ord. `1926, 1 Aug 74; Ord. 1587, 6/70) . 8. 44.. 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) "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 ) "Motorcycle" means any motor vehicle other than a tractor having a seat or saddle for. the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground and weighing .less than one thousand five hundred (1, 500 ) pounds . Cc ) "Motor-driven cycle" means any motorcycle, including every .motor scooter, with . a motor which produces less than fifteen (15 ) gross brake horsepower, and every bicycle with motor _attached. (d) "Unimproved private property" under this chapter means any parcel of land or parcels of land under. common ownership which contain no buildings or which are not surfaced with cement , concrete, asphaltic concrete, or other similar 221 8. 44 . 030--8..44. 040. material, or which do not have a hard surface made up of a mixture of rock, sand or gravel bound together with a chemical .� or mineral substance other than natural soil. (e ) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or- tracks . Farm,`construction and commercial vehicles are exempted from this definition. (Ord.. 1926, 1 Aug 74 ; .Ord. .15.87, 6/70) . 8. 44 . 030 Prohibited areas of operation. a No person shall operate a vehicle, motorcycle or motor-driven cycle other than a publicly-owned vehicle, motor- cycle or motor-.driven cycle, upon any public sidewalk, walkway, parkway or in any public park or recreational area or upon any other publicly-owned property, except highways , within the city. This shall not be construed to prohibit the operation of a vehicle, motorcycle or motor-driven cycle having a valid California vehicle registration by any person possessing a valid California operator' s license upon the public highways in the city: (b ) No person shall operate a vehicle, motorcycle or motor-driven cycle, other than a publicly-owned vehicle, motor- cycle or motor-driven cycle, upon any unimproved private property within the city, except as set forth in °Section 8. 44. 040. (Ord. 1926, 1 Aug 74 ; Ord. 1587, 6/70) . 8. 44 . 040 Exceptions--Permit obtained. Any person desiring .to operate a vehicle, motorcycle or motor-driven cycle, and any owner of private property desiring to allow a person or persons to operate a vehicle, motorcycle or motor-driven cycle on his private property, may do so upon first obtaining a permit from the chief of police of the city. Permits shall be issued upon his determination that : (a) The owner or owners of said real property concerned, or the person or persons in lawful possession thereof, have consented in writing to the proposed operation; (b ) The city fire chief has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle and its proposed. operation or by reason of the nature of the property concerned; and (c ) Such operation is of sufficient distance from occupied residences , churches, assembly halls or schools, as not likely to constitute a noise, dust or fumes nuisance. Any owner of property meeting the requirements of this section, or his agent , may in writing authorize the chief of police to issue permits for the operation of vehicles, motor- cycles or motor-driven cycles on his property. Such authoriza- tion is to be in the form prescribed by the chief of police 222 8: 44. 050--8. 44: 070 and must. describe the real property and may limit the authority to the persons set forth in said authorization. Any change of inters-st in ownership in the real property shall be deemed an automatic revocation of such authorization. . All persons holding a title interest in and to a parcel of real property must join in said authorization. (Ord. 1926, 1 Aug 74; Ord._ 1587, 6/70 ) . 8. 44 . 050 Permit--Contents. The permit shall contain: a Name, birthdate and physical description of the permittee; (b ) A statement that permittee shall not operate or cause to be operated a vehicle, motorcycle or motor-driven cycle. on any real property except the real property set forth in the permit by description; (c ) A statement of the hours that the permit authorizes operation of the vehicle, motorcycle or motor-driven cycle; (d) A statement that said permit shall be carried by permittee at all times that he is operating a vehicle, motor-. cycle or motor-driven .cycle on public or private property as defined in this chapter and that the permit shall be exhibited to any police -officer upon demand; (e ) The date. of expiration of the permit in no .event to exceed one (1 ) year, unless sooner revoked or suspended; (f) . A statement that the permit is not an expression by the city that the proposed operation can be done with safety to the permittee or other persons or property, all of which risks . are assumed by permittee or property owner. (Ord. 1926, 1 Aug 74; Ord. 1587, 6/70 ) . 8. 44 . 060 Permit--Refusal--Appeal. Any applicant refused a .permit may appeal such refusal to the city council by filing an appeal in writing, setting forth the grounds . . (Ord. 1587, 6/70 ) . 8 . 44 .-070 Permit--Revocation or suspension. Any permit issued hereunder is subject to suspension or revocation by the city council, after notice to the permittee and public hearing, on any of the following grounds : . . (a) The owner or agent of the real property has withdrawn his consent. (b ) Conditions concerning the real property covered by the permit have changed so that conditions exist which would be grounds for refusal to issue the permit. (c ) Permittee has violated any of the terms or conditions _ of the permit or any ' law while on private or public property pursuant to the permit issued herein. (Ord. 1587, 6/70) . 223 8. 48. 010--8. 48. 020 Chapter 8. 48 INOPERABLE VEHICLES 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 Land owner 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. (Ord. 1393 , 2/68) . 8. 48. 020 Definitions . For the purpose of this chapter, the following words and phrases shall have the meanings here- after . 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 pur- poses 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. (Ord. .1449, 10/68; Ord, 1393, 2/68) . 224 8. 48. 030--8. 48. 080 8. 48. 030 Applicability. This chapter shall not apply to: (A) A vehicle or part thereof which is completely en- closed within 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. (Ord. 1393 (part) , 1968) . 8. 48. 040 Nuisance not authorized. Nothing in this sec- tion. shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chap- ter 10 (commencing with Section 22650) of Division II of the Vehicle Code and this . chapter. (Ord. 1393 (part) , 1968) . 8. 48.050 Chapter not exclusive regulation. This chap- ter 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. (Ord. 1393 (part) ., 1968) . 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 build- ing and. safety. In the enforcement of this chapter, such of- ficers and their deputies may enter upon private or public property to examine a vehicle or part thereof, or obtain. in- formation 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.. ' (Ord. 1449 (part) , 1968-: Ord. 1393 (part) , -1968) . 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 au- thorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts there- of declared to be a nuisance pursuant to this chapter. (Ord. 1393 (part) , 1968) . 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 re- moval of any vehicle or part thereof) under this chapter. (Ord. 1393 (part,) , 1968) . 225 8 . 48 . 090--8 . 48 . 120 8. 48.090 Abatement--Hearing. A public hearing shall be held on the question of abatement and removal of the ve- hicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administra- tive costs and the cost of removal of the vehicle or part thereof against the property on which it is located. No- tice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return re,- quested to the owner of the land as shown on the last equal- . ized 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 un- delivered 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. (Ord. 1393 (part) , 1968) . 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. (Ord. 1393 (part) , 1968). . 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 pertin- ent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the cir- cumstances concerning its location on the 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 state- ment in time for consideration -at the hearing, and deny re- sponsibility for the presence of the vehicle on the land, with his reasons for such denial. (O.rd. . 1393 (part) , 1968) . 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 cir- cumstances 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 inop- erative on private or 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 J 226 . 8. 48. 130-4. 48. 18o S. a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site. (Ord. 1393, 2/68) . 8. 48. 130 - Landowner not assessed. . 'If it is determined- at the hearing that the vehicle was placed on the land with- out the consent of the landowner and that he has riot sub- sequently 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. (Ord. 1393, 2/68) . 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. .(Ord. 1393; 2/68) . 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. (Ord. 1393, 2/68) . 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 . (Ord. 1393, 2/68) . 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. (Ord. 1393, 2/68) . 8. 48.180 Violation--Abandonment . It is unlawful and an infraction for any person to abandon; park, store or leave ��7 . 8. 48. 190 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. (Ord. 1935, 6 Nov 74; Ord. 1393, 2/68) . 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 refuse 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. (Ord. 1935, 6 Nov 74; Ord. 1393, .2/68) . Chapter 8. 52 (RESERVED) .�. Chapter 8. 56 MOBILE X-RAY UNITS Sections • .8- 56. 010 Definitions. 8. 56. 020 Scope. (Continued on Page 229 ) 228 8. 56. 010--8. 56. 030 Sections : (Continued) 8. 56 .030 License--Applicant investigation. 8. 56 .040 License--Compliance determination. 8. 56 .050 License--Granting. _ 8.56 .060 License--Unit operators . 8. 56 .070 Conditions of operation„ 8.56 .010 Definitions . (A) "Mobile X-ray operator" means any person or other entity, who awns or legally pos- sesses , or operates a mobile X-ray unit. (B) "Mobile X-ray unit" means any X-ray generator which is , or can be used for 'the purpose of making medical diagnostic photofluorographic films of persons , and which is installed in or upon a motor vehicle or trailer so that -it may be transported from place to 'place. (Ord. 1569. (part) , 1970) . 8. 56 . 020 . Scope . All mobile X-ray units shall comply with the requirements of the Radiation Control Law, Division 20 , Chapter 7. 6 , California Health and Safety Code , together with regulations enacted pursuant thereto. (Ord. 1569 (part) , 1970) . 8. 56..030 License--Applicant .investigation. Any per- son or entity desiring to operate a mobile X-ray unit with- in the city shall make application to the county .health officer on forms. prescribed by him for issuance of a li- cense. The county health officer shall cause to be conduc- ted an investigation of the applicant for a license to de- termine , among other things , the following items of infor- mation : (A) The. unit has a valid state registration as pro- vided .by Division 20 , _Chapter 7.6 , California Health and Safety Code; (B) The applicant has complied with applicable laws , ordinances and regulations including those relating to the reporting to the health officer of abnormal X-ray findings pursuant to regulations of the State Department of Public Health; (C) The proper public notices , as required by state law, regulations enacted pursuant thereto, and local ordi- nances , have been posted in or upon the mobile unit; (D) The location and mailing address of all film files to be. maintained by said mobile unit as hereinafter provi- ded; _(E) The applicant and his specified personnel are quali- fied personnel are qualified by reason of training and exper- ience- to operate a mobile X-ray- unit in such .a manner as to Provide reasonable assurance of protection to health, life and property; 229 8 . 56. 040--8. 56. 070 (F) The applicant 's equipment, facilities , proposed uses and procedures are such as to provide reasonable assur- ance of protection to health, life and property; (G) Such other information as shall be required by the county health officer. (Ord. 1569 (part) , 1970) . 8. 56 .040 License--Compliance determination. No license shall be granted, renewed or reinstated unless the county health officer determines , upon completing his investigation, that the mobile X-ray unit is , or can be , operated in com- pliance with applicable laws , ordinances and administrative regulations , and in a manner not detrimental to the health of the patrons , employees and the general public and all op- erations of mobile X-ray equipment have been certified by the county health officer to .operate same. (Ord. 1569 (part) , 1970) . 8. 56 .050 License--Granting. Licenses may be granted at any time during the year, but all licenses shall expire at the end of the calendar year. (Ord. 1569 (part) , 1970) . 8. 56 .060 License--Unit operators . No mobile X-ray unit shall be operated unless the operator thereof has been licensed as hereinbefore provided. No mobile X-ray unit shall be operated by any person other than the applicant or the persons specified in his license. (Ord. 1569 (part) , 1970) . ' 8. 56 .070 Conditions of operation. All mobile X-ray units shall be operated so as to comply with the following conditions : (A) No person under the age of fifteen years is to be X-rayed unless such person has had a positive tuberculin skin test and presents a written statement, signed by a licensed practitioner of the healing arts, showing the meth- od and the date of such positive skin test. A .sign shall be posted in a prominent location of the mobile X-ray unit stating that no person under the age of fifteen years is to be X-rayed unless such person has had a positive tuberculin skin test. (B) No pregnant woman shall be X-rayed in a mobile X- ray unit unless so ordered in writing by a licensed practi- tioner of the healing arts . A sign shall be posted in. a prominent location on the mobile X-ray unit stating that no pregnant woman shall be X-rayed. (C) The mobile X-ray operator shall require all persons , before being X-rayed, to complete an informal form showing the name, age , sex, address , telephone number, the person' s physician's name and address , if a female, whether pregnant, if under fifteen years of age, whether the person has had a positive tuberculin skin test, and the date of such test. 230 8. 56.. 0-7Q (D) All X-ray films shall be retained by the operator for at least ten years. Each patient shall receive from the mobile X-ray operator a report of his X-ray findings within thirty days . Every thirty days , the operator shall submit to the health officer a report of the total number of X-ray films taken during the preceding calendar month. (E) The mobile X-ray operator shall make X-ray films available for use by the physician of the person X-rayed, provided the person gives his consent in writing. The op- erator may make a reasonable charge for such service (F) A sign shall be posted in a prominent location on .the mobile X-ray unit stating essentially the .following: "A chest X-ray film is a useful aid to the physician in diagnosing chest disease. It is not a complete examination. See your family doctor for an examin- ation at least once a year. " (G) The county health officer shall have the right to determine the location , size and wording of all required signs.. (H) The mobile X-ray operator shall give the county health, officer notice at least fourteen calendar days in advance concerning proposed dates , times and places of use of the unit. All such information will be . forwarded by the county health officer -to the city. (I) The name and address of the mobile X-ray operator shall be plainly printed. on each .side of the exterior of the vehicle or trailer in letters at least three inches high. The name and address of the mobile X-ray operator shall. ap- pear on ' all forms , letters , pamphlets or other printed mat- ter used in conjunction with the unit. . Neither sign nor printed matter shall contain any statements expressed or implied that the mobile X-ray unit is associated with any health department or other public or private health agency. (J) The mobile X-ray operation shall comply with all applicable city ordinances and :resolutions while operating within .the city. (Ord.. '1569 (part).,. 1970) . Chapter 8. 60 CIVIL DEFENSE--EMERGENCY SERVICES Sections : 8. 60 .010 ' Purposes . 8.6.0 . 020 Definitions . 8. 60 .030 Council-.-Created'. . 231 8 . 60. 010--8 . 60. 020 . Sections : (Continued) 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 chap- ter is to provide for the preparation and carrying out of plans for the protection of persons and property within . this city in the event of an emergency; the direction of the emer- gency organization; and the coordination of the emergency functions of this city with all other public agencies , cor- porations , organizations and affected private persons . (Ord. 1757 (part) , 1972 : Ord. 1503. (part) 1969 : Ord. 569 (part) , 1951) . 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 func-. tions 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 opera- tions 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 de- fense. (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 exis- tence of conditions of disaster or of extreme peril to. the 232 8. 60. 030--8. 60. 060 safety of persons and property within this city caused by such conditions as air pollution, fire', flood, storm, epi- demic, riot or earthquake, or other conditions , including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor contro- versy, 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 polit-„ ical subdivisions to combat. (Ord. 170 (part) , 1972 : Ord. .1503. (part) , 1969 : Ord. 569 (part) , 1951) . 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 fire department, or his representa- tive, coordinator of civil defense/emergency services plan- ning and training, and any city department head who may be appointed by the director, and representatives of civil, business , labor, veterans , professional or other organiza- tions , not to exceed. five in number, as may be appointed by the director. (Ord. 1757 (part) , 1972 : 1503 (part) , 1969 : Ord. 569 (part) , 1951) . 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 de- fense 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 repre- sentative or the vice-chairman. (Ord. 1503 (part) , 1969 : Ord. 569 (part) , 1951) . 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. (Ord. 1757 (part) , 1972 : . Ord. 1503 (part) , 1969 : Ord. 569 (part) , 1951) 8. 60 .060 Deputy director--Office created. There is created the office of deputy director of civil defense/em- ergency services who shall be the assistant city adminis- trator of Huntington Beach. (Ord. 1757 (part) , 1972) . 233 8. 60 . 070 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 coun- cil 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 ac- tion to ratify the proclamation within seven days thereafter or thy proclamation shall have no further force or effect; (B) Request the Governor to proclaim a state of -emer- gency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergen- cy; (C) Control and direct the effort of the emergency or- ganization of this city to accomplish the puspose 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 emer- gency , as herein provided, the proclamation of a state of . emergency by the Governor or the Director of the State Of- fice of Emergency Services , or the existence of a state of V, 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 ear- liest practicable time by the city council, (2) To obtain vital supplies , equipment and such other properties found lacking and needed for the protec- tion of life and property and to bind the city for the fair value thereof and, if required immediately , to commandeer same for public use , (3) To require emergency services of any city of- ficer 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 per- sons shall be entitled to all privileges, benefits and im- munities as are provided by state law for registered disas- ter 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 confered upon him by this chapter or by resolution or emergency plan pursuant 234 8.6Q.,0.80. a 0.. 110. t hereto adopted by the city council; all powers conferred 'up- `: on him by any statute , by any agreement approved by the city council, and by any other lawful authority, (6) To appoint a coordinator of civil defense/emer- gency planning and training who shall also be the assistant deputy director of civil defense emergency services ; (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 duputy director shall, under the supervision of the director, have such other powers and duties as may be assigned by the director. (Ord. 1757 (part) , 1972 : . Ord. , 1503 (part) , 1969 Ord. 569 (part) , 1951) . 8. 60 . 080 Plan--Formulation. The director shall pre- pare and maintain, on a current basis., a civil defense/emer- gency services plan. as necessary to carry out the purpose of this chapter. The civil defense/emergency services plan shall be consistent with plans of the state and the federal government and shall hereafter be referred to as "the plan. " (Ord. 1757 (part) , 1972 : Ord. 1503 (part) , 1969) . 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 de- fense/emergency services organization. (Ord. 1757 (part) , 1972 : Ord. 1503 (part) , 1969) . 8. 60 . 100 Plan--Adoption and amending. 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. . (Ord. 1757 (part) , 1972 : Ord. 1503 (part) , 1969) 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 employ- ees . 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 direc- tor shall assign duties to such persons , and grant the au- thority to carry out their respective responsibilities dur- -40 and after the occurrence of a disaster. . (Ord. 1157 (part) , 1972 : Ord. 1503 (part) , 1969) . 235 8 . 60. 120--8 . 60. 160 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.. (Ord. 1757 (_part) , 197.2 : Ord. 1503 (part) 1969) . 8. 60 . 130 Organization--.Creation. There is created the Huntington Beach civil defense/emergency services organiza- tion. All officers and employees of the city shall be a part of such organization. The director shall train and organize all employees . and officers of the city for purposes of maintaining the civil defense/emergency capability of the city. The director is authorized to use volunteer forces during an emergency including but not limited to groups , organizations and persons who by agreement or by op- eration of law are charged with the duty to protect the life and property of persons within the city during a disaster. (Ord. 1757 (part) , 1972 : Ord. 1503 (part) , 1969) . 8. 60 . 140 Plan--Service chiefs . The plan, as set out in this chapter, shall provide for the appointment of service chiefs who shall be responsible for the carrying out of all duties and functions assigned in the disaster plan. Duties of service. chiefs shall include the organization and train- ing of city officers , employees and volunteers. Each ser- vice chief shall formulate an operational plan, which shall .r.. become a part of the plan, as specified herein. Before an operational plan may become a part of the civil defense/emer- gency 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. (Ord. 1757 (part) , 1972 : ORd.. 1503 (part) , 1969) . 8. 60 . 150 Emergency curfew. The director is hereby em- powered 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. (Ord. 1757 (part) , 1972 : Ord. 150.3 (part) , 1969) . 8. 60. 160 Expenditures . Any expenditures made in con- nection with emergency activities including mutual aid ac- tivities , shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. :1757 (part) , 1972) , 236 I 8 .60 . 170--8. 64: 030 8 .60. 170 Violations--Misdemeanor. It shall be a mis- demeanor. 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 ) blear, carry or display , without . authority; any means of identification specified by. the :emergency agency of the state . (Ord. 1757, 7/72; Ord. 1503, 6/69 ) . Chapter 8. 64 FARM LABOR ,CAMPS Sections : 8. 64 .010 Definition. 8 .64. 020 Enforcement . 8 .64. 030 Fees--Permit . 0. 64. .040 Fees--Reinspection. 8 .64 . 010 Definition. As used in this ,chapter, the term "farm labor camp" shall mean .any labor camp; as defined in. Section 2616 of the California Labor Code , maintained in connection with any agricultural operation within the city . (Ord. 1910 , 17Apr 75 ) 8..64 . 020 Enforcement. Pursuant to Section 2640 of the California Labor Code , this city has assumed responsibility for the enforcement of Chapter 4 , Part 9 , Division 2 of the Labor Code in this city in relation to farm labor camps . The Orange County health department is hereby designated as the enforcement agency and 'the agency to collect the fees . (Ord. 1970 , 17Apr 7.5 ) 8 . 64. 030 Fees--Permit . Pursuant to the provisions of Section 2740 of the. Labor Code , every person who operates or intends to operate a farm labor camp shall obtain an annual permit and shall pay the following fees to the Orange County health officer: -(a) A permit issuance fee of Twenty-five Dollars ($25) . 237 8 . 64. 040 (b ) A permit to operate fee of Six Dollars ($6 ) for each employee which the farm labor camp has the capacity to house, where such housing I:., supplied by the operator, and a fee of Six Dollars ($6 ) Cor each lot or site provided for parking of mobile homes or recreational vehicles by employees . (c) An amended permit fee of Twenty-five Dollars ( $25) for any transfer of ownership or possession of the farm labor c amp . (d) An amended permit fee of Twenty-five Dollars ($25) , and other fees specified in this section, for any increase in the number of employees to be housed or an increase in the number of. lots or sites provided for parking of mobilehomes or recreational vehicles by employees . (Ord. 1970 , 17 Apr 75) . . 8.64 .040 Fees--Reinspection. The fees for a .permit to operate shall be considered as inspection fees for the initial . annual inspection of a farm labor camp . When any reinspection is required pursuant to Title 25, California Administrative Code, Section 2016 . 4, the operator shall pay a fee for each such reinspection, as follows : (a) Twenty-five Dollars ($25) , provided that such inspection is not in excess of one (1) hour in duration. (b) If such. inspection is in excess of one (1) hour in duration, Twenty-five Dollars ( $25) plus Twelve Dollars and Fifty Cents ($12. 50 ) for each thirty (30) minutes or fractional part thereof in excess of one (1) hour. (Ord. 1970, 17 Apr 75 ) .. 238 Title 9 PUBLIC PEACE , MORALS AND WELFARE Chapters : I . OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT 9. 04 Interference with Police II OFFENSES. AGAINST THE PERSON III . OFFENSES AGAINST PUBLIC DECENCY 9. 20 Dressing in Public 9. 24 Gambling 9. 28 Pinball Machines 9. 32 Pool and Billiard Halls 9.36 Indecent Exposure of Waitresses and Performers IV. OFFENSES AGAINST PUBLIC PEACE 9. 40 Inhaling Certain Substances 9. 44 Intoxicated and Disorderly Persons 9. 48 Parades V. OFFENSES AGAINST PROPERTY. - 9. 52 Damaging City Property 9. 54 Sleeping in Vehicles 9. 56 Airport Noise VI . CONSUMER PROTECTION 9. 60 Fortunetelling 9. 64 Registration of Canvassers VII . OFFENSES BY OR AGAINST MINORS 9. 68 Curfew VIII . WEAPONS 9. 76 Discharging 9. 80 Concealed 239 9. 04. 010 0 I . OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT Chapter 9 .04 INTERFERENCE WITH POLICE Sections : 9. 04.010 Interfering with vision. 9. 04 . 010 Interfering with vision. No person shall use a mirror, glass or any similar object in a manner which would cause the sun or any other bright light to reflect on such mirror, glass or other similar object for the purpose of wil- fully interfering with the vision of any police officer, peace officer or special officer of the city while in the perfor- mance of his duties . (Ord. 1535 (part) , 1969) . II . OFFENSES AGAINST THE PERSON (RESERVED) 240 9. 20..010--9. 24. 010 III . OFFENSES AGAINST PUBLIC DECENCY Chapter 9 .20 DRESSING IN PUBLIC Sections : 9. 20. 010 Progibited where. .9. 20 .010 . Prohibited where. No person shall dress or undress . for the purpose of putting on or taking off a bath- ing garment in or upon any public street, alley or other pub- lid place, or underneath any pier or wharf in the city, or upon any public beach, or within any public toilet, or within a vehicle other than a house trailer, motorhome or camper designed for living purposes . (Ord. 1935 §70 , 1974 : Ord. 542 , 1949) . Chapter 9 .24 GAMBLING Sections : 9 . 24. 010 Anything of value defined. 9. 24 .020 Premises--Keeping. 9 .24.030 Permitting unlawful. 9. 24.040 Betting--Limitations . 9 . 24 .0.50 Card games . 9. 24 . 06.0 Winnings--Accepting. 9 . 24.070 Losses. 9. 24. 080 Betting valuables of another. . 9. 24.090 Card games--Hours . 9 .24 . 100 Permitting unlawful use of premises . 9. 24. 110 Seizure of equipment. 9 . 24 . 120 Card games--Inspection. 9. 24 . 130 Hindering inspection. 9. 24 . 140 Construction. 9. 24. 010 Anything of value defined. "Anything of value" means money, coin, currency, check, chip, allowance, token, credit, merchandise, property or anything representa- tive of value, and includes without limitation any payment for services or for the use of any premises , cards , chips , furniture or other article. "Anything of value" also means any increase or probable increase in business or patronage resulting directly or indirectly. from the playing of any 241 9. 24. 020--9. 24. 060. game of cards permitted by Section 9 .24 .050 . "Anything of value" also means any rent, remuneration or compensation of any nature received by any person, firm, corporation, club, lodge , association or church for the use .or occupancy of any premises where the major, primary or usual use of said prem- ises is for the playing of card games permitted by Section 9 . 24 . 050 . (_Ord. 713 (part) , 1959) . 9. 24. 020 Premises--Keeping. No person (either as prin- cipal , agent, employee or otherwise) shall keep, conduct or maintain within this city any house, room, apartment or place used in whole or in part as a place where any game not men- tioned in Sections 330 or 330a of the Penal Code of the state of California, is played, conducted, dealt or carried on, with cards, dice , billiard balls , pool balls , cues or other devices , for money, checks , chips, credit or any other rep- resentative of value or for any merchandise or any other thing of value. (Ord. 536 (part) , 1949) . 9. 24.030 Permitting unlawful. No person (either as principa , agent, employee or otherwise) shall knowingly permit any house , room, apartment or place owned by him or under his charge or control, in this city, to be used in whole or in part for playing, conducting, dealing or carrying on therein any game not mentioned in Sections 330 and 330a of the Penal Code of the state of California, with cards, dice , billiard balls , pool balls , cues or other devices , for money , checks , chips , credit or any other rep- resentative of value or for any merchandise or any other thing of value. (Ord. 536 (part) , 1949) . 9. 24. 040 Betting--Limitations . No person shall play or bet at or against any game not mentioned in Sections 330 or 330a of the Penal Code of the state of California, which � is played, conducted, dealt or carried on with cards , dice, billiard balls , pool balls , cues or other devices., for money , checks , chips , credit or any other representative of value or for any merchandise or any other thing of value. (Ord. 536 (part) , 1949) . 9. 24.050 Card games . Notwithstanding the provisions of Sections 9 . 24 .020 through 9.24.040 , any game played with cards, and not mentioned in Section 330 of the Penal Code of the state of California, shall not be prohibited unless in violation of one or more of the following sections of this .chapter. (Ord. 713 (part) , 1959) . 9 .24.060 Winnings--Accepting. It is unlawful for any person, firm, corporation, lodge, club, association, church . or any other group of persons to receive directly or indirect- ly anything of value from the playing or operation of any game of cards permitted by Section 9 . 24.050, other than the 242 9 . 24.070---9.24. 110 actual winnings to which a person playing such a game in good faith for. himself alone may be entitled as the result of such gamer (Ord. 713 (part) , 1959) . 9. 24.070 Losses . It is unlawful for any person, firm, _ corporation, lodge , club, association,. church or any other group of persons to. give anything of value for being permit- ted to participate in any game of cards permitted by Sec tion 9. 24. 050 other than to pay the actual losses sustained by such person .playing such game in good faith. for himself alone. (Ord. 713 (part) , 1959) . 9 . 24 .080 Betting valuables of another. It is unlawful for any person, firm, corporation, lodge, club, association; church or any other group of persons to bet or wager any- thing- of value belonging to another person in any game of cards permitted by Section 9.24.050. (Ord. 713 (part) , 1959) . 9. 24 .090 Card games--Hours . It is unlawful for any person, firm, corporation, lodge, . ciub, association, church or any other group of persons to play, participate in, or . be present at any game of cards permitted by Section 9. 24. 050, between the hours of two. a.m. and six aim:- (Ord. 713 (part) , 1959) . 9 .24..100 Permitting unlawful use .of premises . It is unlawful for any person, firm, corporation, . lodge, club, as- sociation, church or any other group of persons , either as owner, lessee , agent, employee, mortgagor or otherwise , to knowingly permit any room, building or premises , or any furniture , fixtures , equipment or other article, or anything of value, to be used for or in any game of cards permitted by Section 9 .24 .050 , in connection with which a violation of Sections 9. 24 .060 through 9 .24 .080 occurs. (Ord: 713 (part) , 1959) . 9. 24. 110 Seizure of equipment. In addition to any other remedy provided by law, any furniture, fixtures , equipment or article , or anything of value , used in vio= lation of Section .9 .24. 100 may be seized by any of the of- ficers designated by Sections 335 and 335a..of the Penal Code of the state of California, and in such cases shall be dis- posed of as provided in Section 335a of said Penal Code ; provided, however, . that the phrase "machine or device" as used in Section 335a of the Penal Code, shall mean any fur- niture, fixtures , equipment or article, or anything of val- ue except money , coin or currency. Any or all money , coin, or currency used in violation of Section 9. 24 . 100 and seized pursuant to this section shall be deposited in the city general fund. (Ord. 713 (part) , 1959) . 243. 9. 24. 120--9.28. 010 9. 24 . 120 Card games--Inspection. When any game of cards is being played which is permitted by Section 9. 24 . 050 , it shall at all times be open to inspection by regular full ' time police officers of the city while on actual duty. (Ord. 713 (part) , 1959) . 9 . 24. 130 Hindering inspection. It is unlawful for any person, firm, corporation, lodge , club, association, church or any other group of persons to hinder, impede, obstruct, prohibit or prevent or to assist in such hindering, impeding, obstructing, prohibiting or preventing any such lawful in- spection as provided for in Section 9 . 24. 120 . (Ord. 713 (part) , 1959) . 9. 24. 140 Construction. Nothing in this chapter shall be construed as permitting any game of cards prohibited by Section 330 of the Penal Code of the state of California. (Ord. 713 (part) , 1959) Chapter .9 .28 PINBALL MACHINES Sections : 9. 28. 010 Prohibited--Violations . 9. 28.020 Description. 9. 28. 030 Machine--Seizure. 9. 28. 040 Money--Seizure . 9 . 28. 050 Supplemental to state law. 9 . 28. 060 Possession prohibited. 9. 28.070 Confiscation. 9 . 28. 080 Continued possession--Penalty. 9 .28.090 Council declaration. 9. 28. 100 Public nuisance. 9 . 28. 110 Exemptions . 9. 28. 010 Prohibited--Violations . Every person who manu- factures , owns , stores , keeps , possesses , sells , rents , leases , lets or shares , lends or gives away, transports or exposes for sale or lease or offers to sell, rent, lease , let or share, lend or give away or who permits the operation of or permits to be placed, maintained, used or kept in any room, space or building owned, leased or occupied by him or under his management or control, any pinball or marble ma- cine or device as hereinafter defined, and every person who makes or permits to be made with any person any agreement with reference to any machine or device, as hereinafter de- fined, pursuant to which the user thereof as a result of any 244 9.28. 020 element of chance or other outcome unpredictable to him may become entitled . to receive any money, credit, allowance or thing of value or additional chance or right to. use such machine or device , or to receive any check, slug, token or memorandum entitling the holder to receive any money, cred- it, allowance or thing of value, is guilty of a misdemeanor and shall be punishable by a fine of not more than five hun- dred dollars or by imprisonment in the city or county jail not exceeding six months or by both such fine and imprison- ment. Any machine , apparatus or device is a pinball or mar- ble machine or .device within the provisions of this section if it is one that is adapted, or may readily be converted into one that is, adapted, for use in such a way that, as a result of the insertion of any piece of money or . coin or other object, such machine or device is caused to operate or may be operated and by reason of any element of chance or of other outcome of such operation unpredictable by him, the user may - receive or become entitled to receive any piece of money, credit, allowance or thing of value , or any check, .slug, token or memorandum, whether of value or otherwise , which may be exchanged for money, credit, allow- ance or thing of value, or which, may be given in trade, or the user may secure additional chances or rights to use such machine , apparatus or device, irrespective of whether it may, apart from any element of chance or unpredictable outcome of such operation, also sell, deliver or present some mer- chandise, indication of weight entertainment . or other thing. of value.. (Ord. 710 (part) , 1959) 9. 28.020 Description. (A) The pinball machine or marble machine, contrivance , appliance or mechanical device, the use or operation or possession of which machine is pro- hibited by Section 9 .28.010, is usually but not exclusively described as consisting of a table being in the shape of a box with the upper side covered by glass . Inside the box is a surface studded with pins , plugs , buffers , springs and holes and when a ball is released by a plunger upon this surface the ball wends its way ,from the top to the bottom and during its journey may fall into one of the numerous holes , or in its course along the surface of said table may hit many of the springs , pins or plugs , thereby and by means of electrical or other recordings , giving to the player a score, or other result from the operation of such machine which indicates the probable or possible return to the play- er of any consideration mentioned in Section 9 . 28.010. (B) The description of the pinball machine or marble machine or other contrivance, appliance or mechanical de- vice given in this section does not in any way limit .the penal provisions of Section 9. 28. 010, and is not to be con- strued as making legal any pinball machine or marble machine or other contrivance, appliance or mechanical device which 245 9. 28. 030--9. 28 . 060 is prohibited by the general terms of Section 9 . 28.010 , but may not be specifically described in this- section. (Ord. = 710 (part) , 1959) . . 9 .28.030 Machine--Seizure. In addition to any other remedy provided by law, any such machine, contrivance, ap- pliance or mechanical device may be seized by any of the of- ficers designated by Section 335 of the Penal Code of the state of California, and a notice of intention summarily to destroy such machine or device must thereupon be posted in a conspicuous place upon the premises in or upon which such machine or device was seized. Such machine or device shall be held by such officer for thirty days after such posting, and if no action is commenced to recover posses- sion of such machine or device , within such time, the same shall be summarily destroyed by such officer, or if such machine or device is held by the court, in any civil or criminal action, to be in violation of this chapter the same shall be summarily destroyed by such officer imme- diately after the decision of the court has become final. (Ord. 710 (part) , 1959) . 9. 28.040 Money--Seizure. Any and all money seized in or in connection with such machine or device, immediately after such machine or device has been so destroyed, is to be paid into the treasury of the city to the credit of the general fund. (Ord. 710 (part) , 1959) . 9. 28.050 Supplemental to State law. The provisions of this chapter are not intended to conflict with, but shall sup- plement all laws of the state prohibiting lotteries , gaming or gambling and these provisions must be invoked by all law enforcement officers whose duty it is to enforce the laws of the state of California against lotteries , gaming or gambling, when by operation of this chapter the use, owner- ship or possession, as defined in Section 9 .28.010, of any such game or mechanical device or contrivance is prohibited by this chapter but might not be prohibited by the laws of the state. (Ord. 710 (part) , 1959) . 9 .28.060 Possession prohibited. (A) It is specifi- cally declared that the mere possession or control, either as owner, lessee, agent, employee, mortgagor or otherwise of any pinball machine or marble machine, contrivance, ap- pliance or mechanical device as defined in Section 9 . 28. 020 might be an infraction of the laws of the state against lot- teries ; gaming or gambling. (B) It is specifically declared that every person who has in his possession or under his control, either as owner, lessee , agent, employee , mortgagor or who permits to be placed, maintained or kept in any room, space , enclosure, 246 9 . 28. 010--9 . 28. 100 or. building owned, leased or occupied by him, or under his management or control, whether for use, or operation. for stor- age, bailment, safekeeping or deposit only, any pinball machine or marble machine, appliance or electrical or me- chanical device , as. described in Section 9. 28. 020 , . is guil- ty of a misdemeanor and punishable as provided in Section 9 .28. 010 . (Ord. 710 (part) , 1959) . 9 .28. 070 Confiscation. It is further declared that the provisions of this .chapter specifically make the mere possession of such machine or contrivance or device illegal and render such machine -or contrivance subject to confisca tion as provided in Section 5 , 28.010. (Ord. 710 (part) ; 1959) . 9.28.080 'Continued possession--Penalty. It is further expressly provided that every person. who has in his posses= sign or under his control, either as owner, lessee; agent, employee, mortgagor or otherwise, or who permits to be placed, maintained or kept in any room, space, enclosure , or building owned, leased or occupied.-by him, or under his management or control, whether for use or operation or for storage, bailment, safekeeping or deposit only, any pinball machine or marble machine of the type and character de= scribed in Sections 9. 28. 010 and 9.28. 020 , is .guilty of a ¢� misdemeanor and punishable by a fine of five hundred dol- lars or imprisonment in the city or county jail for six months or by both such fine and imprisonment, even.thou'h such person claims that such device is a game of amusemeni:. only and that there is no return of any kind to the player. (Ord. 710 (part) , 1959) . 5. 28. 090 Council declaration. The council .expressly states as a reason for the adoption of this chapter that the individuals who operate such machines obtain illegal power, prey upon the public , particularly children and the unwary, inexperienced and credulous individuals . (Ord. 710 (part) , 1959) . 9. 28. 100 Public nuisance . It is further expressly provided that any pinball machine or other contrivance or device as described in Sections . 9 .28. 010. and 9 . 28. 020 con- stitutes a public nuisance and the city attorney when di- rected by the city council, shall institute abatement pro= ceedings against the owner or lessee of any building in which such machine is located, after the effective date of the ordinance codified in this chapter. (Ord. 710 (part) , 1959) . 247 9. 28 . 110--9. 32. 010 9 .28. 110 Exemptions . It is further expressly provided that this chapter shall not apply to music machines , weigh- ing machines and machines which vend cigarettes , candy, ice cream and the like upon which there is deposited an exact consideration and in which in every case the customer ob- tains that which he .purchases . (Ord. 710 (part) , 1959) . Chapter 9. 32 POOL AND BILLIARD HALLS Sections : 9. 32. 010 Permit required--Application . 9. 32.020 Applicant--Criminal investigation. 9 . 32. 030 Permit--Council , grants or denies. 9 . 32. 040 Premises specification. 9 . 32. 050 Minors . 9. 32.060 Card games . 9 . 32. 070 Prohibited practices . 9. 32.080 Permit--Posting. 9. 32. 090 Hours of business . 9. 32 . 100 Operated in conjunction with other business. 9 . 32. 110 Permit--Revocation. 9. 32. 120 Permit--Revocation--Appeal. 9. 32. 010 Permit required--Application. In addition to complying with Chapters 5.04 through 5. 16 of the .Huntington Beach Municipal Code, any person, firm or corporation de- siring to engage in the business of operating a pool or bil- liard hall, or other lawful indoor game conducted for pro- fit and open to the public, shall first make an application for a permit in writing to the city council containing at least the following information: (A) Name and address of applicant; (B) Name and address of all financially interested parties of the firm; (C) If the applicant is a corporation, the names and addresses of all of the officers of the corporation; (D) Name and address of manager or person to be in . charge of premises ; (E) Address or location of the proposed pool or bil- liard hall,. or room; (F) Number of tables to be operated; (G) Whether or not alcoholic beverages are to be sold on the premises ; (H) List of any and all games and amusement machines and devices to be operated on the premises; (I) Signature of the applicant. (Ord. 765 (part) , 1965) . 248 9. 32. 020--9 . 32. 070 9. 32. 020 Applicant--Criminal. investigati on. In addi- tion to the written application as herein required, the appli- cant , manager and persons referred to in subsections (a) , (b) , (c ) and (d) of Section 9 . 32. 010, shall personally appear before the chief of police or his authorized representative , prior to the city council meeting when the application for council permit is to be heard, and have his or their finger- prints and photographs taken for the purpose of a criminal record investigation. (Ord-. 765, . 4/65) . 9. 32. 030 Permit--Council grants or denies . The city council shall.' have full power to grant a permit. or reject an application.. After council and police investigation, if it shall appear that the person, firm or corporation is a proper person, firm or corporation to be so licensed, that the location and arrangement of the proposed place where the business is to be conducted is satisfactory, the . council may grant the permit and license, otherwise it shall reject and deny the same. (Ord. 765, 4/65) . 9. 32. 040 Premises. specifications. . For police regula- tion and proper supervision all businesses where games of billiards, pool or other indoor games are the primary source of income, they shall be open to the public and conducted in a single room without partition. The main entrance or vesti- bule into said pool or billiard hall or room shall have glass panel doors, and said doors shall at all times be clear, unglazed and unobstructed so that all parts of .the room will be open to the public view. At least fifty percent of the square footage of the building front open to the public shall be clear, clean glass which would make the interior of the game room visible from the public street, or walkway. (.Ord. 1311, 4/67; Ord. 765, 4/65) . 9. 32. 050 Minors. No person operating any business reg . ulated by this chapter shall allow any minor under the age' of twenty-one to be or remain in any room accessible from, or in which such business is carried on if any alcoholic bev- erages are consumed, dispensed or sold on the same premises . (Ord. 1311, 4/67.; Ord. 765, 4/65) . 9. 32. 060 Card games. No card tables or games of cards whether played for pleasure or for chance shall be allowed, permitted or carried on in any room in which any of the above businesses shall be conducted or in any' room accessible there- from. . (Ord. 765, 4/65) . 9. 32. 070 Prohibited practices . It is unlawful for any person, firm or corporation owning, operating or managing any business regulated by this chapter to permit or allow any per- son or persons to violate any of the provisions of Chapters 249 9. 32. 080--9 . 32. 120 9 . 24, 9 .28, 9. 36 and 9. 60 of the Huntington Beach Municipal Code, or Sections 319 et seq. , 330 et seq. and 337.1 et seq.of the Penal Code of the state of California while in or on the premises of such business . (Ord. 765, 4/65) . 9. 32. 080 Permit--Posting. It is unlawful for -any person, firm or corporation to operate or conduct any business regula- ted by this chapter for any period of time whatsoever without first having a council permit and a current and valid city license posted in a prominent and conspicuous place on the premises. (Ord. 765, 4/65) . 9. 32. 090 Hours of business. All billiard and pool room businesses at which alcohol is consumed, dispensed or sold shall be closed between the hours of 2: 00 a.m. and 6: 00 a.m. All other billiard and pool room businesses shall be closed between the hours of 12: 30 a.m. and 6: 30 a.m. It shall be a violation of this section for any person except the owner, manager or ,janitor to be upon the premises during the closed hours. (Ord. 1311, 4/67; Ord. .765, 4/65) . 9. 32. 100 Operated in conjunction with other businesses . Whenever ' a pool and/or billiard room is operated in conjunc- tion with a bowling center and a part of the bowling center operation, Section 9. 32. 050 hereof pertaining to minors and Section 9. 32. 090 hereof pertaining to hours of business , shall not apply to such pool and/or billiard room; provided, however, that no person under the age of eighteen (18) years shall be permitted to be or allowed to remain in such pool and/or billiard room, unless the minor is accompanied by a parent, guardian or responsible adult . (Ord. 854, 7/61) . 9 . 32. 110 Permit--Revocation. In addition to the penalties provided for any violation of this chapter, the council may revoke, or may instruct . the. chief of police to revoke, any permit or license issued for the .conduct of said business for violations of. any of the provisions of this chapter. (Ord. 765, 4/65) . 9. 32. 120 Permit--Revocation--Appeal. Subsequent to revocation of a permit or license under the provisions of Section 9.32. 100, the permittee or licensee may petition the city council for a public hearing by filing a written request with the city clerk within ten (10) days after revo- cation. (Ord. 765, 4/65) . I 250 9. 36. 010--.9. 36. 040 Chapter 9 .36 INDECENT EXPOSURE. OF WAITRESSES 'AND PERFORMERS Sections : 9. 36. 010 Authority to regulate. 9 . 36 . 020 Theater defined. 9 ..37.030 Bottomless prohibited. 9. 36. 040 Topless prohibited. 9. 36 .050 Persons as accessories . 9. 36 .060 Exceptions . 9. 36 .010 Authority to regulate. The ordinance codified herein is adopted pursuant to Sections 318. 5 and 318. 6 of t the Penal Code. All words used in this chapter which also are used in Sections 318 . 5 and 318. 6 are used in the same sense and mean the same as the same respective word used in Sections 318. 5 and 318.6 of the Penal Code. (Ord. 1635 (part) , 1971) . 9 . 36. 020 Theater defined. As used in this chapter and in. Sections 318. 5 and 318. 6 of the Penal Code, "theater" means a building, playhouse , room, hall or other place having a permanent stage upon which movable scenery and theatrical or f vaudeville or similar performances ae given, permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage , whose primary function is to give such performances , and for which a city permit or li- cense for a theater .is in full force and effect. This defi- nition does not supersede the provisions of Section 9 . 36 ,010 of this code. (Ord. 1635 (part) , 1971) 9 .36 .030 Bottomless prohibited. Every person is guilty of a misdemeanor who : (A) Exposes his or her genitals ,.: vulva, anus , pubic hair or cleft of the buttocks. or, employs any device or cov- ering :which is intended to simulate the genitals , vulva, anus , pubic hair or cleft of the buttocks while participating in any -live act., demonstration or exhibition in any public place , place open to the public or place open to public view, or while . serving food or drink or both to any customer; (B) Permits , procures or assists any person to so ex- pose himself or herself, or to employ any such device. (Ord. . 1635 (part) , 1971) 9. 36.040 Topless prohibited. Every female is guilty of a misdemeanor who, while participating in any live act, demon- stration or exhibition in any public place , place open to the public or place open to public view, or while serving food or t drink or both to any customer : 251 9. 36. 050--9."40. 020 (A) Exposes the -nipple of either breast and/or that por- tion of either breast which contiguously surrounds the nipple and which is of a different natural pigmentation than the main portion of either breast; (B) Employs any device of covering, which is intended to simulate such portions of the breast; or (C) Wears any type of clothing so that any portion of such part of the breast may be observed. (Ord. 1635 (.part) , 1971) . 9 . 36. 050 Persons as accessories. Every person is guilty of a misdemeanor who permits , counsels or assists any person to violate any provision of this chapter. (Ord. 1635 (part) , 1971) . 9. 36. 060 Exceptions . This chapter does not apply to : A A theater, concert hall or similar establishment which is primarily .devoted to theatrical performances; . (B) Any act authorized or prohibited by any state statute. (Ord. 1635 (part) , 1971) . IV. OFFENSES AGAINST PUBLIC PEACE Chapter 9.40 INHALING CERTAIN SUBSTANCES Sections : 9 . 40.010 Prohibited substances . 9. 40 . 020 Prescriptions excepted. 9. 40.030 Violation--Penalty.. 9. 40 . 010 Prohibited substances . No person shall inhale, breathe or drink any compound, liquid, chemical or 'any sub- stance known as glue , adhesive cement, mucilage, dope or any other material or substance or combination thereof with the intent of becoming intoxicated, elated, dazed, paralyzed, ir- rational or in any other manner changing, distorting or dis- turbing the eyesight, thinking process , balance or coordina- tion of such person. For the purpose of this chapter, any such condition so induced shall be deemed to be an intoxicated condition. (Ord. 933 (part) , 1962) . 9 . 40.020 Prescriptions excepted. The provisions of Sec- tion 9. 40. 010 shall not be applicable to any person who inhales, breathes or drinks such material or substance pursuant to the direction of prescription of any doctor, physician, surgeon, dentist or podiatrist authorized to so direct or prescribe, (Ord. 933 (part) , 1962) . ,%wo,: 252 9. 40..030--9. 44. 030 9 . 40.030 Violation--Penalt Any person violating any provision of this chapter s all e guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the city or county .jail for a period of not more than six months , or by both .such fine and imprisonment..:. (Ord. 933 (part) , 1962) . Chapter _ 9 . 44 INTOXICATED AND DISORDERLY PERSONS Sections : 9. 44. 010 Drinking in public place. 9. 44 .020 Disorderly houses . 9. 44 .030 Complaints--Previous convictions . 9..44.010 Drinking. in public place. No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume, upon any public street., alley , sidewalk, parkway or other public place within this city, whether such person is or is not in or. up- on any automobile or other vehicle or- conveyance. (Ord. 407 , 1938 : Ord. 72 (part) , 1911) . 9 . 44.020 Disorderly houses . It is unlawful for any per- son to keep a riotous house, or permit any riotous or disor- derly conduct in any house , yard or premises connected there- with, owned or occupied. by such person, or be guilty of .any riotous. or disorderly conduct in any house , yard or premises whereby the peace, quiet or decency of any person in the neighborhood of such house , may be disturbed. (Ord. 72 (part) , 19.11) . 9. 44. 030 Complaints--Previous convictions. Upon the filing of, a complaint under this chapter, the person filing same shall ascertain .from the police department the number of previous convictions and shall add an allegation to said complaint setting forth the number of convictions . (Ord. 508 , 1947 e . Ord. 72 (part) , 1911) . 253 9. 48 . 010--9. 48. 020 Chapter 9 . 48 PARADES Sections : 9 . 48. 010 Parade defined. 9. 48.020 Permit--Required. 9 .48. 030 interference with parade. 9. 48. 040 Permit--Application--Filing. 9 . 48.050 Permit--Application--Contents. 9. 48.060 Permit--Parade for other than applicant. 9 . 48.070 Permit--Fee. 9. 48.080 Permit--Application--Transmittal. 9. 48. 090 Permit--Granting or. refusal. 9. 48.. 100 Permit--Surety and insurance. ,, 9. 48. 110 Permit--Granting conditions. 9. 48. 120 Permit--Issuance. 9. 48. 130 Permit--Denial. 9. 48. 140 Permit--Reconsideration after application. 9. 48. 150 Permit--Contents. 9. 48. 160 Permit--Denial--Alternatives submitted. 9. 48. 170 Permit--Late applications . 9 .48. 180 Permit--Granting-Officials to be notified. 9. 48. 190 Prohibited when. 9. 48.. 200 Permit-.-Revocation. 9 .48. 210 Appeal--Filing. . 9 . 48. 220 Appeal--Council action. 9. 48. 230 Permit--Decision review. 9. 48. 240 Exceptions to provisions . 9. 48. 250 Violation--Misdemeanor. 9 . 48. 010 Parade defined. , "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. (Ord. 1497 (part) , 1969) . 9.48.020 Permit--Required. No person shall organize, produce, direct, , conduct, manage , institute or carry on any parade without a permit, first had and obtained from the city administrator, and no person shall participate in any parade for which no permit has first been issued by the city admin- istrator. No person shall promote, advertise , encourage or solicit attendance to .or participate in a parade for which a permit is required by this chapter, for which no .permit has 254 9.48.030--90'48. 050 t>c en 1:c ued or for which a permit has been refused, suspended ()r- revoked under the authority of this chapter. (Ord. 1497, )169 ) . 9. 48. 030 Interference with parade No person shall knowingly ,join or participate in any parade conducted under permit, as required by this chapter, in violation of any of the terms, .conditions or regulations of said permit, or know- ingly join or participate in any permitted parade or any parade held under Section 9. 48. 240 without the consent and over the objection of the permittee, nor in any manner inter- fere with it.s progress or orderly conduct . (Ord. 1497, 5/69) . 9. 48. 040 Permit--Application--Filing. Any person desir- ing to organize, produce, direct, conduct-, manage, institute or carry on a parade shall, not less than forty (40) nor more than one hundred eighty (180) days before the date on which it is proposed to conduct such parade, file with the chief of police verified application for permit. Such application must be pre- pared, signed, verified and filed by a responsible person, not less than eighteen (.18) years of age. If such application indicates that the sponsor of such parade is an organization, the application shall be prepared, signed, verified and filed by an officer of such organization, who is not less than eight- een (.18) . years of age. (Ord. 1935, 6 Nov. 1974; Ord. 1497, 5/69) . 9 . 48. 050 Permit--Application--Contents. Such application shall contain the names of the applicant , the sponsoring organ- ization, the parade chairman and the addresses and telephone numbers of each; the driver' s license number and the thumb print of the applicant and the parade chairman. If the parade is to be .sponsored by an organization, a copy of the .charter or, articles of incorporation of such organization, and a com- plete list of the full names and addresses of . the officers or principal place of business of such organization shall be included in such application. The application shall also contain a detailed description and map of. the assembly area, disbanding area and the route to be travelled; the assembly time, the starting time, and so . far as reasonably practical, the disbanding time; the maximum parade length; the total number of bands, sound vehicles or musical units, if any, their type and number of members in each unit; the total number of public address units, including those that are stationary, mounted on vehicles or portable; the total number of marching units, if any, their type and number of members in each unit; the number of :animals, - if any, and type; the number of floats, if any, their size, type and methods of power; and the space between their units and their speed; and. the maximum number of persons who will participate in the parade. (Ord. 1497, 5/69) . 255 9. 48. 060--9 . 48. 100 9. 48. 060 Permit--Parade for other than applicant . If such parade is designed to be held by, on behalf of or for any organization other than the applicant, the applicant for such permit shall file a communication in writing from such organ- ization, authorizing the applicant to apply for such permit on its behalf. (Ord. 1497, 5/69) . 9. 48.070 Permit--Fee. A permit processing fee in the amount of Twenty-five Dollars ($25) shall be paid to the chief of police at the time each parade permit application is filed. Checks should be made payable to the city of Huntington Beach. Such fee is .not refundable. The chief of police shall trans- mit such fee forthwith to the city finance director. (Ord. 1497, 5/69 ) . 9. 48. 080 Permit--Application--Transmittal. Upon receipt of each application for permit, the chief of police shall transmit a copy of such application to the following: (a) City administrator (b ) Director of public works (c ) Fire chief (d) Traffic engineer Each of whom shall investigate the persons involved with, and the activity proposed to be conducted, and other facts, circumstances and information relating to such application, and each such department concerned shall, within ten (10) days after the filing. of each application, make a written report to the city administrator who shall within fifteen days after such filing, either grant or refuse a permit, as hereinafter provided. (Ord. 1497, 5/69) . 9. 48.090 Permit--Granting or refusal. The granting or refusal of any permit by the city administrator shall be final unless appealed to the city council within ten (10). days from the date of service of written notice of the decision of the city administrator on the application. Failure to file an appeal, as hereinafter provided, within such ten (10) day period, shall constitute a waiver of the right to such appeal. (Ord. 1497, 5/69 ) . 9. 48. 100 Permit--Surety and insurance. Prior to the issuance of any permit under this chapter, the city administrator may require: (a) The deposit of a surety or cash bond in an amount sufficient to guarantee the cleaning up of the premises or the removal of any debris left as the result of the activity for which the permit. was issued. If, after investigation, the city administrator determines that an unusual number of police- men or special officers will be required to patrol such parade, the city administrator may require the deposit .of a surety or cash bond in an amount sufficient to' pay the additional costs of said. patrol.. 256 9. 48. 110--9 : 48.120 (b ) That applicant provide public liability insurance and property damage insurance including products .liability coverage written by an insurance company acceptable by the city in minimum limits as follows : Combined Single Limit Bodily Injury and/or. Property Dama e Includin Products' Liability: 1,000,.000 Combined Single . Limit Per Occurrence. (Ord. 19761, 21 May 75; Ord. 1497 , 5/69) . 9. 48. 110 . Permit--Granting conditions . As a condition of granting such permit, the city administrator may impose reasonable terms .and regulations concerning the time and ...,place of such parade; the area and manner of 'assembling and disbanding such parade; the route and. spacing of all units of such parade; the maximum number of persons who shall par- ticipate therein; the maximum length thereof; the maximum and minimum speed thereof; _ the stops permitted, if any; the accommodation of other traffic; the number and type of vehi- cles, if any; and such other requirements as are found by the r-city administrator to be reasonably necessary for the protection of persons or property and control of. other traffic. (Ord, : 1497, 5/69) , 9. 48.120 Permit--Issuance. The city administrator shall issue- the permit conditioned upon applicant 's written agreement to comply with the terms and regulations of such . permit unless the city administrator finds that : (a) The time, route and size of .the parade will disrupt the movement of other traffic to an unreasonable extent; or- (b ) The parade is of a size or nature that requires the diversion of so great a� number of police officers of the city to police the line of movement properly and the areas con_ tig-- uous thereto, as to prevent r_ easonable. police protection to the. city; or (c ) That the permittee has not provided for the services of monitors, who must be over eighteen (18) years of age, to control the orderly_ conduct of the parade in conformity with such permit; or- (d) That the per-mittee has failed to provide reasonable means of informing all the persons participating therein of terms and conditions and regulations of such permit; or (e ) The concentration of persons, animals and vehicles at assembly and disbanding areas and along the parade route will prevent proper fire and police protection or ambulance service; or (f) Such parade will not move from its assembly area to its disbanding area expeditiously or without stopping en route except when reasonably required for the same and orderly con- duct of the parade; or (g) Such parade will interfere with another parade for which a permit has been granted or a parade for which no permit is required by this chapter. (Ord. 1935, 6 Nov 1974; k- Ord. 1497, 5169) . 257 9.'48. 130--9 . 48. 150 9. 48. 130 Permit"-Denial. The city administrator shall deny such parade permit, and notify the applicant thereof, . where: (a) The city administrator makes any finding specified .in the foregoing section as cause for not issuing such permit; or (b ) Any material facts or information contained in the application are found to be false or nonexistent; or (c ) The applicant refuses to agree to,. abide by or comply with all conditions and regulations 'of the permit; or (d) Applicant has failed to file the surety or cash bond or liability insurance and property damage insurance required by the city administrator under authority of this chapter. (Ord. 1497, 5/69 ) . 9. 48.140 Permit--Reconsideration after application. The city administrator may reconsider all or part of the application for permit, or of any permit theretofore granted, either upon motion of applicant or city administrator after. five (5) days ' written notice thereof to applicant. Such motion for reconsideration shall not be a condition precedent to judicial review. (Ord. 1497, 5/69 ) . 9. 48. 150 Permit--Contents . In each permit , the city administrator shall prescribe: (a) The assembly area and time therefor; (b ) The starting time, (c) The minimum and maximum• speeds; (d) The route of the parade; (e) What portions of streets to be traversed may be occupied by such parade; (f) The maximum number of persons who shall participate in the parade, the maximum number of platoons or units and the maximum and minimum interval of space to be maintained between the units of such parade; (g) The maximum length of such parade in miles or frac- tions thereof; (h) The disbanding area and disbanding time; i (i ) The number of persons over the age of eighteen (18) years required to monitor the parade; (j ) The number and type of vehicles, if any; (k) The material and maximum size of any sign, banner, placard or carrying device therefor; 258 4 9.48. 16.0--9. 48. 200 (L) That permittee advise all participants in the pa- rade, either orally or by written .notice ,_ of the terms .and conditions of thy permit, prior to the commencement of such parade ; (M) That the amplification of sound permitted to be. emitted from sound trucks , or bull horns be fixed and not variable; (N) That the parade continue to move at a 'fixed. rate of speed and that any willful delay or willful stopping of said parade , except when reasonably required for the safe and or- derly conduct of the parade , shall constitute a violation of the parade permit; (0) Such other terms and regulations as are found by the city administrator to be reasonably practicable. (Ord. 1935 §76 , 1974 : Ord. 1497 (part) , 1969) . 9 . 48. 160 Permit--Deniai--Alternatives submitted. If the denial of permit is based in whole or in part on the date, hour or route of travel , the applicant may submit with ,his motion for reconsideration or appeal a proposed alternative date, route of travel or hour. (Ord. 1497 (part) , 1969) . 9. 48. 170 Permit--Late applications . The city adminis- trator shall have authority, in his discretion, .to consider any application for a permit to conduct a parade which is filed less than forty days before the date such parade is proposed to be conducted. (Ord. 1497 (part) , 1969) . 9 . 48 .180 Permit--Granting--Officials to be notified. Immediately upon the granting of a parade permit, the city administrator shall send a copy thereof to the following : (A) The city attorney (B) Director of public works (C) Fire department (D) Chief of police (E) City clerk (F) City traffic engineer. (Ord. 1497 (part) , , 1969) .. 9 . 48.190 Prohibited when. . No permit shall be issued authorizing the conduct of a parade which the city adminis- trator finds is proposed to be held for the sole purpose of advertising any product , goods , wares., merchandise or event,_ and is designated to be held purely for private profit. (Ord. 1497 (part) , 1969) . 9 . 48. 200 Permit--Revocation.. Any permit for a parade issued hereunder may be summarily revoked by the city admin- istrator at any time : (A) When by reason of actual �or threatened disaster, public calamity , riot or other emergency, the city adminis- trator reasonably determines. that the safety of persons or property demands such revocation; or 259 9. 48 . 210--9.48 . 240 (B) When the city administrator has reasonable cause to believe that any material term, condition, restriction or regulation of the permit has been or is being violated. (Ord. 1497 (part) , 1969) .. 9 . 48. 210 Appeal--Filing. Any appeal to the city council shall set forth fully the grounds upon which the appeal is based, shall be in writing and shall be filed with the city clerk who shall present a copy of the appeal to the city coun- cil, and forward copies thereof to the city administrator and the city attorney. The city administrator shall submit to the city council the record of: the case appealed. (Ord. 1497 (part) , 1969) . 9. 48. 220 Appeal--Council action. (A) Within thirty days after filing of the appeal with the city clerk, the city council shall consider the appeal at a regular meeting. Writ- ten notice of the time and place the city council will consid- er the appeal shall be mailed by the city clerk to the appli- cant at least ten days before the date set for hearing, unless applicant shall waive the notice in writing. (.B) In any appeal, the city council shall consider the application, the record of the case submitted by the city ad- ministrator and other pertinent information presented, and may deny or grant the permit .subject. to conditions , terms or regulations authorized by this chapter. (C) The city clerk shall , within three days after de- -*.V' cision of the council, notify the applicant in writing of the decision of the council. (Ord. 1497 (part) , 1969) . 9 . 48. 230 Permit--Decision review. (A) The city council may , in its own motion, made within twenty days after the de- cision of the city administrator, review the issuance, denial, suspension or revocation of any permit, or review any condition, term or regulation attached thereto. (B) If, after review, the city council determines that the matter should be considered on appeal before the city i council, it shall order the city clerk to notify the appli- cant, city administrator, the city attorney and other affected parties of the time and place of such consideration, as here- inabove provided. After such consideration, the city council may deny or grant the permit subject to conditions , terms or regulations authorized by this chapter.. (Oral. 1497 (part) , 1969) . 9 . 48. 240 Exceptions to provisions . No permit shall be required under this chapter with respect to : (A) Any parade sponsored by, or held under the auspices of, the city of Huntington Beach; (B) Any bona fide funeral procession, the purpose of which is to transport the remains of a deceased person to a place of burial or cremation. (Ord. 1497 (part) , 1969) . ,may 260 9 . 48. 050--9. 54. 010 9. 48. 250 Violation--Misdemeanor. Any person who violates or willfully fails to comply with any provision of this chapter, or any of the terms , conditions or regulations of the parade permit .issued under the authority of this chapter, is guilty of a misdemeanor. (Ord. 14.97 (part) , 1969) . V. OFFENSES AGAINST PROPERTY Chapter 9 .52 DAMAGING ::CITY .PROPE RTY Sections : 9. 52. 010 Violation--Misdemenaor. 9.52 .010 Violation--Misdemeanor. Every person who will- fully writes upon, paints upon or draws upon, defaces; cuts ; or mutilates any building, street, sidewalk, lamppost, pole , bench, chair, table or other property belonging to this city is guilty of a misdemeanor. (Ord. 477 , 1943) . Chapter 9 .54 SLEEPING IN VEHICLES Sections : 9. 54 .010 Unlawful during certain hours. 9 .54. 010_ Unlawful during certain hours . It is unlawful for any person to sleep in any vehicle parked in any public place in the city between the hours of nine p.m. of one day and nine a.m. of the next day. . (Ord. 1935 §51,, 1974) . Chapter 9 . 56 AIRPORT NOISE Sections : 9 . 56 :010 Declaration of necessity. 9 . 56 . 020 Takeoff prohibited when. 9 . 56 .030 Landing prohibited when. 9 . 56 .040 Conflict of provisions : 261 9. 56. 010--9 . 56. 030 9. 56.010 Declaration of necessity. It is found and de- clared that : �-- (A) The making and creating of loud, unnecessary or un- usual noises at night at Meadowlark Airport by airplanes in the city is a condition which has existed for some time and the extent and volume of such noise is increasing. (B) The making, creating or maintaining of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use are a det- riment to public health, comfort , convenience , safety, wel- fare and prosperity of the residents of the city. (C) The necessity in the public interest for the provi- sions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy , and it is further declared that the provisions and prohibitions hereafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience , safety, welfare and the peace and quiet for the city and is inhabitants . (Ord. 1654 (part) , 1971) . 9 . 56 .020 Takeoff prohibited when. No person shall take off any aircraft, or be a passenger therein during any takeoff of such aircraft, from Meadowlark Airport in the city at any time between ten p.m. local time, and sunrise of the follow- ing day. The watch commander of the Huntington Beach police department may approve a takeoff during said hours in case �.. of ,emergency provided approval of the watch commander is obtained before such takeoff. (Ord. 1654 (part) , 1971) . 9 . 56 .030 Landing prohibited when. No person shall land any aircraft, or be a passenger therein during any landing of such aircraft, on or at Meadowlark Airport in the city at any time between ten p.m. local time , and sunrise of the following day except in case of emergency. . Any person landing . any air- craft during such hours shall notify the watch commander of . the Huntington Beach police department within fifteen minutes after such landing, and such person shall at such time give the watch commander the following information : (A) Name of person operating the aircraft during such landing; (B) License number of such person; (C) License number of such aircraft; (D) Time o.f such landing; and (E) Reason for such landing. In the event the operator of such aircraft at the time of such landing fails to give notice as required by this section to the watch commander, or such landing was not required by a bona fide emergency, such persons and all passengers in the aircraft at the time of such landing shall be liable . to pros- ecution under this section. (Ord. 1654 (part) , 1971) . 262 9. 56. 040--9 . 60. 020 9. 56. 040 Conflict of provisions . No provision or clause of this chapter shall be effective if it is , at the time of v i.u].atio,i ther-eof, in conflict-with any state or federal law regulating the same subject matter, provided such. state or 1'eaeral law permits the act or acts prohibited by this .chapter. (Ord. 1654, 5/71) . VI. CONSUMER PROTECTION Chapter 9. 60 FORTUNE-TELLING Sections • 9. 60.. 010 Prohibited. 9. 60. 020 Teaching unlawful. . 9. 60. 010 Prohibited. No person shall carry on, practice or profess to practice the business or act of astrology, palm- istry, phrenology, life-reading, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, medium- ship, spirit photography, spirit writing, spirit voices , spirit materialization, etherealization, prophecy, augury, divination, magic, necromancy, character reading or fortune-telling by handwriting analysis , or other similar business or act , and demand or receive directly or indirectly, a fee, gift, donation or reward for the exercise or exhibition. (Ord. 1178, 1/66) . 9. 60. 020 Teaching unlawful. No person shall teach or give instruction in astrology, palmistry, phrenology, life- reading, fortune-telling, cartomancy, clairvoyance, clair- audience, crystal gazing, hypnotism, mediumship, spirit writing, spirit voices, spirit materialization, etheralization, pro- phecy, augury, divination, magic , necromancy, or .other simi- lar business or act and demand, ask or receive directly or indirectly, a gift, fee, donation or reward for such teaching or. instruction. (Ord. 1178, 1/66) . 263 9. 64 . olo--9 . 64 . 020 Chapter 9. 64 REGISTRATION OF CANVASSERS ,Scct:ions 9. 64 .010 Definitions. 9. 64 . 015 Private Property--Nuisance. 9. 64 . 020 Registration--Required. 9. 64. 030 Registration--Statement . 9. 64: 040 Deceptions unlawful. 9. 64 . 050 . Exceptions to provisions. 9. 64. 060 Provisions nonexclusive. 9. 64 . 010 Definitions. Unless the provisions of this chapter or the context otherwise requires: (a) "Agent" shall include employee, representative and any person soliciting orders or subscriptions or making sales on a commission basis . (b ) "Canvasser" means any person not having an estab- lished place of business in the city who, for himself, or as an agent of another, goes from house to house or upon the public streets and sidewalks for the purpose of soliciting orders, subscriptions or sales of or for any goods, wares, merchandise or product , of any nature or description, for . immediate or future delivery, whether or 'not -advance payments are collected at the time the order of subscription is taken or the sale made. "Canvasser" also means and includes "peddler" and "solicitor" as defined in Title 5 of the Huntington Beach Municipal Code, as amended. (c ) "Established place of business" means the place where any person, firm or corporation conducts a retail or wholosale business or other establishment having a permanent address and licensed by the city to conduct a business and being regularly open for business from day to day during ordi- nary business hours. (Ord. 746, 1/60) . 9. 64 . 015 Private property--Nuisance. The practice of f�oing in and upon private residences in the city, by solicitors, peddlers , hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners , occupant or occupants of said private resi- dences , for the purpose of soliciting orders for the sale of goods , commercial services , wares and merchandise., and/or for the purpose of disposing of and/or peddling, or hawking same, Is a nuisance and punishable as such as a misdemeanor. (Ord. 1023, 12/63; Ord. 851, 7/61) . 9 . 64 . 020 Registration--Required. It is unlawful for any canvasser to go from house. to house or upon the public :streets and sidewalks for the purpose of soliciting orders, subscriptions. or sales of or for any goods, wares, merchandise or product of any nature or description for immediate or future 264 9.. 64. 030_=-9. 64. 060 delivery whether or not advance payments are collected at the time the order or. subscription is taken or the sale made, unless he shall have previously registered with the chief of police . of .the city in the manner hereinafter specified. . (Ord. 746, 1/6.0) . 9. 6.4. 030 -Registration--Statement . Every canvasser shall, before commencing any soliciting or making any sales in the city, personally appear before the chief of police of the city or his authorized representative, and file with the police depart- ment a registration statement containing at least . t'he following information: (a) .. Name in full;: (b ) Address , both permanent and temporary of the can- vasser; (c ) Whether or not the registrant has been convicted of a- felony, a crime involving theft or lar.cent' or a crime in- volving moral turpitude; (d) The articles or products to be sold or for which orders or subscriptions are to be solicited; (e) If the canvasser is acting as an agent for another person, firm or corporation; the name and address of such person, firm or corporation and. a description of the contract or other document authorizing him to act as such agent or representative; (f) The period during which the solicitations are to be made; (g) In addition to the registration statement as herein required, every canvasser. shall at the time of the filing of the registration, permit and allow the- chief of police or his authorized representative .to take his or her fingerprints and photograph. (Ord. 746, 1/60) . 9. 64 . 040 Deceptions unlawful. It is unlawful for any canvasser to make or perpetrate any misstatements, deception or fraud in connection with any solicitation for orders, sub- scriptions or sales or to make any false, deceptive or mis- leading statements in the registration statement . (Ord. 746, 1/6o) . 9.. 64 . 050 Exceptions to provisions. This chapter shall not apply. to salesmen or solicitors regularly employed by any wholesale house orjobber who take or solicit orders from re- tailers or other merchants conducting a regularly established place of business in the city. (Ord. 746, 1/60) . 9. 64 . 060 Provisions. nonexclusive. Nothing in this chapter shall be construed as to replace or eliminate any of the pro- visions or requirements of Title 5 of the Huntington Beach Municipal Code requiring business licenses. (Ord. 746, 1/60 ) . 265 9. 68. 010--9 .68. 040 VII . OFFENSES BY OR AGAINST MINORS Chapter 9. 68 CURFEW' :Sections : 9. 68. 010 Loitering prohibited. 9. 68. 020 Responsibility of parents. 9. 68. 030 Exceptions. 9. 68. 040 Parental ignorance of whereabouts no defense.. 9. 68. 050 Enforcement . 9. 68. 060 Taking into custody. 9. 68. 070 Parents to take minor home. 9. 68..080 Parents--Cooperation required. 9. 68. 090 Violation--Penalty. 9. 68. 010 Loitering prohibited. It is unlawful for any minor under the age of eighteen 1 ) years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks , public buildings, places of amusement and enter- tainment or vacant lots, between the hours of 10: 00 p.m. and 5: 00 a.m. of the following day, official city time. (Ord. 480, 5/44 ) . 9. 68. 020 Responsibility of parents. It is unlawful for the parent , guardian or other adult person having the care and custody of a minor under the age of sixteen (16) years, to know- ingly permit such minor to loiter, idle,• wander, stroll or play in or upon the public streets, highways , roads, alleys , parks, playgrounds or other public grounds , public places and public buildings, places of amusement and entertainment or vacant lots , between the hours of 10: 00 p.m. and 5: 00 a.m. of the following day, official city time. (Ord. 480, 5/44) . 9.68. 030 Exceptions. The provisions of Sections 9. 68. 010 and 9.68.020 do not apply when the minor is accompanied by his or her parent , guardian or .other adult person having the care and custody of the minor, or when the minor is upon an .emergency errand or legitimate business directed by his or her parent, . guardian or other person having the care and custody of the minor. (Ord. 486, 7/45; Ord. 480, 5/44 ) . 9. 68. o4o Parental ignorance of whereabouts no defense. It shall not constitute a defense hereto that such parent, guardian or other person having the care and custody of a minor did not have knowledge of the -presence of said minor in or upon any street , alley, public places, vacant lots , or in violation of Section 9. 68. 010. (Ord. 480, .5/44) . . 266 �.68. 050.-�9. 68. 090 9. 68.050 Enforcement. ' Every law enforcement officer is mot'' authorized and empowered to demand from 'any person whom he has reasonable cause to believe comes within the provisions of this chapter and who is found loitering, idling, wandering, strolling or .playing in or upon the public streets , highways , roads , alleys , parks , playgrounds or other public grounds , public places , public buildings , places of amusement and en- tertainment, vacant lots or other unsupervised places, .with- out his or her parents , guardian or other adult . person. having the care and custody of such person, between the hours of ten p.m. and. five a.m. of the following day, that such per- his name, address and parents' names, and furnish proof of his or her age or proof that he or she -is• upon an emergency errand or legitimate business directed by his or her parents , guardian or other adult person having the care and custody of' such person. (Ord. 480 (part) , 1944) . 9. 68. 060 Taking into custody. Upon the failure of such person to give or . furnish any or all of said information, any such officer is .authorized and empowered to take such person into custody .and take him or her to his or her home , or com- municate with his or her parents , guardian or other adult per- son having the care and custody of such person and demand the information hereinabove required to be given. (Ord. 480 (part) , 19.44) . 9. 68. 070 Parents to take minor home. If such person so taken into custody 1s a person coming .within the provisions of this chapter, any such law enforcement officer is author- ized and empowered. to demand of the parents , guardian or other adult person having the care ad custody of such minor that they take such minor to his or her home . (Ord. 480 (part) ,. 1944) . 9 .68.080 Parents--Cooperation required. The failure of any such parent, guardian or other adult person having the care• and . custody of such minor to furnish the information hereinabove required or to take such minor home when so de- manded by any such .law enforcement officer is a misdemeanor. (Ord. _480 (part) , 1944) . 9 . 68. 090 Violation--Penalty. Any minor violating the provisions of Sections 9 .68.010 and 9. 68.050 shall be guilty of a misdemeanor and shall be dealt with in accordance -with juvenile law and procedure (Ord. 480 (part) , 1944) . 267 9. 76. 010.--9. 80. 010 VIII. WEAPONS Chapter 9 .76 DISCHARGING Sections : 9. 76.010 Prohibited. . 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 de- structive 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 de- partment; (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 per- mit in writing for such purposes issued-. by the chief of police. (Ord. 1641, 1971 : Ord. 1116 , 1965 : Ord. 513 , 1928 : Ord. 16 , 1909) . Chapter 9. 80 CON CEALE D Sections : 9. 80 .010 Prohibited. 9. 80 .020 Exceptions . 9 . 80 .030 Permits to carry. 9 . 80 .010 Prohibited. No person, other than a public of- ficer, or person- having secured a permit so to do, shall wear or carry concealed on or about his person, any pistol., dirk or other dangerous weapon or deadly weapon. (Ord. 75 (part) , . 1911) . 268 9. 80..020--9480. 030 9 .80 .020 Exceptions . The ordinary pen knife, pocket knife .or toilet shears are not deemed dangerous or deadly weapons within the provisions of.this chapter. (Ord. 75 (part) , 1911) . 9 .80 .030 Permits to carry. The chief of police is au- thorized. to grant a written permit to any peaceable person, when in his judgment he may deem it necessary, for such person to carry concealed weapons for his own protection. (Ord. 75 (part) , 1911) 269 4 Title :10_ VEHICLES, AND_ TRAFFIC. . . Chapters : 10 :04 Definitions 10 ::0 Enforcement 1.0..12 Speed Limits 10_:.16 Control Devices 1,0.:20 Prohibited_ :Places _.of...Operatori 10.24 Truck Routes 10. 28 One:-Way.,..Alleys 10. 3.2 Movement_ of .Overloads . 10,. 3,6 Stops.., and. Yields 1� General .Parking-,.Regulatioon§ 10. 4.4 Parking=-Time Limits 10 ..4,8 Loading Zones 10 :52 Parking=-City,..Lots 10 :56 Parking Meters=-Generally 10".6.0 Metes Zones 10 :,64 Meters=-:Installation 10 ..6,8 Mete,rs.==Use 10 : 7.2 Driving. Rules 10 . 7,E Trains, 10.: 80. Pedestrian :C rob swalks" 10 . 84 Bicycle Regulations 1.0...88 Self-P:ropelled:_Wheelchair's,.,arid .,Irivalid Tricycib.s. CYiapter_,10.:.04 DEFINITIONS Sections : 1004.010 Generally: 10 .0.4. 020 State provisions applicable: 10A4.030 Coach; 10 .04: 046 Council 10 .04: 050 Curb: 10.04: 060 Divisional island: 1004. 070 . Loading zone. 10 .04. 080 Official tiihe standard. 10:- 04. 096 Parking meter. 10 .04. 100 Parkway. 10 . 04. 110 Passenger loading zone . 10". 04 . 120 Pedestrian. 10 . 04. 130 Police- officer. 10 .04. 140 Stop. 10 .04. 150 Vehicle Code: 271 10. 04. 010--lo. 04'.. 090 10..04. 010 Generally. The following words and phrases when used in this title shall for' the purpose of this title have the meanings respectively ascribed to them in this chap- ter. (Ord. 1157 (part) , 1965 : Ord. 584 (part) , 1952 : Ord. 322 (part) , 1928) . 10 .04.020 State provisions applicable. Whenever any words or phrases used herein are not defined, but are de- fined in the Vehicle Code of the state and amendments there- to, such definitions shall apply. (Ord. 1157 (part) , 1965 : Ord. 584 (part) , 1952 : Ord. 322 (part) , 1928) . 10 . 04. 030 Coach "Coach" means any motor bus , motor coach, trackless trolley or passenger stage used as a common carrier of passengers . (Ord. 1157 (part) , 1965 : Ord. 584 (part) , 1952 : Ord. "322 (part) , 1928) . 10 . 04. 040 Council. "Council" means the council of the city of Huntington Beach. . (Ord. 1157 (part) , 1965 : Ord. 584 (part) , 1952 : Ord. 322 (part) , 1928) . 10 .04. 050 Curb. "Curb" means the lateral boundary of the roadway whether such curb be marked by curbing construc- tion, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights-of-way of public utility companies . (Ord.. 1157 (part) 1965 : Ord. 584. (part) 1952 : Ord. 322 (part) , 1928) . 10 . 04. 060 Divisional island. "Divisional island" means a raised island .located in the roadway and separating op- posing or conflicting streams of traffic. (Ord. 1157 (part) , 1965 : Ord. 584 (part) , 1952 : Ord. 322 (part) , 1928) . 10 . 04. 070 Loading zone. "Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials . (Ord. 1157 (part) , 1965 : Ord. 584 (part) , 1952 : Ord. 322 (part) , 1928) . 10 .04. 080 Official time standard. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city. (Ord. 1157 (part) , 1965 : Ord.. 584 (part) , 1952 : Ord. 322 (part) , 1928) . 10 . 04. 090 Parking meter. "Parking- meter" means a mechanical device installed within or upon the curb or side- walk area, immediately adjacent to a parking space, for the 272 10. 04. 100-710. 04. 150 purpose of controlling the period of time of occupancy of such parking meter space by any vehicle. (Ord. 1157 (part) , 1965 : Ord. 584 (part) , 1952 : Ord. 322 (part) , 1928) . 10 .04. 100 Parkway. "Parkway" means that portion of a street other than a roadway or a sidewalk. (Ord. 1157 (part) , 1965 : Ord. 584. (part) , 1952 : Ord 322 (part) , 1928) . " 10. 04. 110 Passenger loading zone "Passenger loading zone" means the space adjacent "to a curb reserved for the exclusive use of "Vehicles during the loading and-unloading of passengers . (Ord. 1157 (part) , 1965 : Ord".-. 584 (part), 1952 : Ord. 322 (part) , 1928) . 10 .04. 120 Pedestrian. !!Pedestrian" means any person afoot. (Ord. 1157 (part) , 1965 : Ord, 584 (part) , 1952.: Ord. 322 (part) , 1928) . 10 .04. 130 . Police officer. "Police officer" .means every officer of the police department of this city or .any" officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations . (Ord. 1157 (part)_.., 1965 : Oral... 5.84 (part) , 1952 :' Ord. 322 (part) , 1928) 10 . 04. 140 Stop. "Stop, " when required, means complete cessation of vehicular movement. (Ord. 1157 (part) , 1965 : Ord. 584 (part) , 1952,; Ord. 322 (part) 1928) . 10.. 04. 150 Vehicle Code . "Vehicle_ Code!' means the ve- hicle Code of the state of California. (Ord. 1157 (part) , 1965 : Ord.. 584 (part) ., 1952 : Ord. " 322 (part) , 1928) . Chapter 10. 08 ENFORCEMENT Sections : t 10 .08. 010 Traffic direction--Authority. 10 . 08.020 Traffic direction--Persons prohibited. 10 .0.8. 030 Traffic direction--obedience to officers . 10 .08. 040 . Riders of bicycles or -animals . 10 .08. 050 Obstructing or interfering with officers . 10 .08. 060 Public employees to obey regulations . 10 .08. 070 Exemption of certain vehicles . '10 . 08.080 Exempted vehicles must use due care . 10 .08. 090. Exceptions to. parking, or standing rules . 10 .08, 100 Accident report--Required when. 273 10. 08 . 010--10 . 08. 050 Sections : (Continued) 10 .08. 110 Accident report--Contents . 10 .08. 120 Accident report--Injured parties . 10 . 08. 130 Vehicle removal from streets . 10 . 08. 140 State highways regulated .by city--Approval. 10 . 08. 150 State highways regulated by city--Authority delegated. 10 .08. 010 Traffic direction--Authority. Officers of the ,police department and such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws , except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians , officers of the police department or members of the - fire de- partment may direct traffic. as conditions may require, not- withstanding the provisions to the contrary contained in this title or the Vehicle Code. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 .08. 020 Traffic direction--Persons prohibited. No person other than an officer of the police department or a person authorized by . the chief of police or a person author- ized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may oper- ate, when and as herein provided, any mechanical- pushbutton. signal erected by order of the director of public works. (Ord. 1157 (part) , 1965) . 10 . 08. 030 Traffic direction--Obedience to officers . No person shall fail or refuse to comply with or to perform any act forbidden by any lawful order - signal or direction of a traffic or police. officer, or a member of the fire de- partment, or a person authorized by the chief of police or by law. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 .08. 040 Riders of bicycles or animals . Every person riding a bicycle or driving an animal upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions which by their very nature can have no ap- plication. (Ord.. 1157 (part) , 1965) . 10 .08. 050 Obstructing or interfering with officers. No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in their enforcement of the provisions of this title . The re- moval, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer" or 274 10.08. 060--10: 08. 100 other employee or officer of this city in connection with the enforcement of the parking regulations of this title ,. constitute such interference or obstruction. (Ord. : 1157 (part) , 1965) . -10.08.060 Public employees 'to obey regulations . The provisions of this title shall apply to the operator of any vehicle owned by or used in the service of the United States Government, this. state , . any county or city, and it shall be unlawful for any said operator to violate any of the provi- sions of this title except as otherwise permitted in this title or by the Vehicle Code. (Ord. 1157 (part) , 1965') . 10 .08.070 Exemption of certain vehicles . The provi- sions of this title regulating the operation; parking and standing of vehicles shall not only apply to vehicles op- erated by the police or fire departments',; any public ambu- lance or any public utility vehicle or any private ambulance, which public utility vehicle or private . ambulance has qua- lified as an authorized emergency vehicle, when _any vehicle mentioned in this section is operated in the manner speci- fied by the Vehicle Code in response to an emergency. call. (Ord. 1157 (part) , 1965) . 10 .08. 080 Exempted vehicles must use due care . The foregoing exemptions shall not, however; relieve the oper- ator of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his . willful disregard of the safety of others . (Ord. 1157 (part) , 1965) . 10 .08.090 Exemptions to parking .or standing rules . The provisions of this title regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in . use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection; transportation or delivery of United States mail. (Ord. 1151 (part) ; 1965) . 10 . 08. 100 Accident report--Required when. The oper- ator of a vehicle or the person in charge of any animal in- volved in any accident resulting in damage to any property publicly owned or owned by a public utility , including but . not limited to any fire hydrant, parking meter; lighting post,. telephone pole, electric light or power .pole , or re- sulting in . damage to any tree , traffic control device or other property of a like nature located in or along any street, shall within twenty-four hours after such accident make a written report of such accident to the police depart- ment of this city. (Ord. 1157 (part) , 1965) . 275 10. 08 . 110--10. 08 . 140 10 . 08. 110 Accident report--Contents . Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle or an- imal, the license number of every such vehicle-, and shall briefly describe the property damage in such accident. (Ord. 1157 (part) , 1965) 10 .08. 120 Accident report--Injured parties . The oper- ator of any vehicle involved in an accident shall not be sub- ject to the requirements or penalties of this code if and during the time he is physically incapable of making a re- port, but in such event he shall make a report as required in Section 10 . 08. 100 within twenty-four hours after regain- ing ability to make such report. (Ord. 1157 (part) , 1965) . 10 .08. 130 Vehicle removal from streets . `^Any regularly employed and salaried officer of the police department of this city may remove or cause to be removed: (A) Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecu- tive hours ; (B) Any vehicle which is parked or left standing up- on a street or highway between the hours of seven a.m. and seven p.m. .when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal; (C) Any vehicle which is parked or left standing upon a street or highway where the use of such street or high- way or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of. underground utilities or where the use of. the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion there- of is necessary for the movement of equipment, articles or structures of unusual size , and the parking of such vehicle would prohibit or interfere with such use or may be removed are erected or placed at least twenty-four hours prior to the removal. (Ord. 1157 (part) , 1965) . 10 .08. 140 State highways regulated by city--Approval. Any provision of this title which regulates traffic or del- egates the regulation of traffic upon state highways in any way for which the approval of the State Department of Public Works in required by state law, shall cease ,to be operative six months after receipt by the city council of written no- tice of withdrawal of approval of the State Department of Public Works . (Ord. 1292 (part) , 1967 : Ord. 11357 (part) , 1965) . 276 10. 08.150- 10. 12. 020 L0. 08. 150 State highways regulatedtby city--Authority delegated. Whenever this title delegates authority to a city, officer,' or authorizes action by the city council to regulate traffic upon a state highway in any way which, by law, requires the .prior. approval of the. State Department of Public Works , no ..such officer shall exercise such authority nor shall such action by the city council be effective -with respect to any state highway without the prior approval, -in . writing, of .the State Department of Public Works when and to the extent required by the state Vehicle Code. (.Ord. 1292, 1/67; Ord. . 115.7; 8/65) . Chapter 10. 12 . SPEED LIMIT'S � 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. 070 Speed . limits on state highways . 10. 12. 010 Twenty-five m.p. h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of those streets hereinafter set forth, the city council determines and declares that the prima facie limit of twenty-five (25 ) miles per hour would facilitate the orderly movement of . vehicular traffi-c and would be reasonable and safe upon said streets and that the . prima facie limit of speed on a portion of said streets shall be and is twenty-five (25 ) miles p.er ..hour: (a) Adams Avenue between Main Street and Lake Avenue;- (b.) Davenport Drive between Baruna Lane and Edgewater Lane; (c ) Holland Drive between Beach Boulevard and .Marken Lane; (d) Huntington Street between Taylor Drive and Yorktown Avenue; (e ) Main Street between Adams Avenue and Pacific Coast Highway; (f) Saybrook Lane between Monterey Lane and Davenport Drive. (Ord. 1947, 11/74; Ord. 1935, 6 Nov 74 ) . 10. 12. 020 Thirty m.p. h. prima facie speed limit . Upon the basis of an engineering .and traffic survey of the portions of the streets hereinafter. set forth, the .city council 277 10.12. 030 determines and declares that a speed greater than the prima facie limit of twenty-five (25) miles per hour would facilitate ,low 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 said streets shall be and is thirty (30 ) miles per hour: (a) Bolsa Chica Street between Warner Avenue and south city limits; (b ) Channel Lane between Admiralty Drive and Gilbert Drive; (c ) Clay Avenue between Delaware Street and Beach Boulevard; (d) Delaware Street between Indianapolis Avenue and Detroit Avenue; (e ) Huntington. Street between Adams <.Avenue and Atlanta Avenue; (f) Indianapolis Avenue between Beach Boulevard and Brookhurst Street; (g) Orange .Avenue between 17th Street and Main Street; (h) Parkside Lane between Edinger Avenue and Holt Avenue. (Ord. 1947', 11/74; Ord. 1935, 6 Nov 74) . 10. 12. 030 Thirty-five m.p.h. prima facie speed. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines ,may and declares that a speed greater than the prima facie 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 portions of the following streets shall be and is thirty-five (35) miles per hour: (a) Clay Avenue between Main Street and Delaware Street; (b ) Davenport Drive between Baruna Lane and Algonquin Street; (c ) Delaware Street between Main Street and Yorktown Avenue; (d) Delaware Street between Adams Avenue and Indiana- polis Avenue; (e) Edwards Street between Bolsa Avenue and north city limits; (f) Ellis Avenue between Delaware Street and Beach Boulevard; (g) Gothard Street between Warner Avenue and Main Street ; .(h) Graham Street between Heil Avenue and Warner Avenue; (i) Heil Avenue between Beach Boulevard and east city limits; 278 10.12. 040 (,j ) Huntington Street between Atlanta Avenue and Pacific Coast Highway; (k) Lake Avenue between 17th Street and Pacific Coast Highway . (1 ) Main Street between Mansion Avenue and Adams Avenue; (m) Mansion Avenue between Goldenwest Street and 17th Street ; (n) Monterey Lane between Edinger. Avenue and- Saybrook Lane; (o) Palm Avenue between Goldenwest Street and Main Street- (p ) Rancho Road between Bolsa Chica Street and east city • limits; (q) Sher Lane between Edinger Avenue and Juliette. Low Drive; (r) Yorktown Avenue between 17th Street and Beach Boulevard; . (s ) 17th Street .between Florida Street and. Pacific Coast Highway. (Ord. 1947, 11/74; Ord, 1935, 6 Nov 74) . 10. 12. 040 Forty m.p.h. prima facie speed limit . Upon the basis. of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines, and declares that a speed greater than the prima facie 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 said. streets shall be and is forty (40) miles per hour: (a) Adams Avenue between Lake Avenue and Beach •Boulevard; (b ) Algonquin Street between Warner Avenue and Heil Avenue; (c ) Atlanta Avenue between Lake Avenue and Brookhurst Street; (d) Banning Avenue between Magnolia Street and Brookhurst Street; (e ) Center Avenue east of Gothard Street; (f) Delaware Street between Yorktown Avenue and Adams Avenue; (g) Edinger Avenue between Beach Boulevard and west city limits; (h) Edwards Street between Bolsa Avenue and Slater Avenue; (i ) Ellis Avenue between Beach Boulevard and east city . limits; Q ) Ellis Avenue between Goldenwest Street and Gothard Street.; (k) Florida Street between Main Street and Garfield Avenue; 279 10.12. 040 (1 ) Garfield Avenue between Goldenwest Street and Newland Street; (m) Goldenwest Street between McFadden Avenue and north city limits ; (n) Goldenwest Street between Garfield Avenue and Pacific Coast Highway; (o) Gothard Street between McFadden Avenue .and Edinger Avenue; (p) Graham Street between Edinger Avenue and Heil Avenue; (q) Graham Street between Warner Avenue and south city limits; (r) Hamilton Avenue. between Newland Street and .east city limits; (s) Heil Avenue between Saybrook Lane and Beach Boulevard; (t ) Main Street between Beach Boulevard and Mansion Avenue; (u.) McFadden Avenue between Bolsa Chica Street and Graham Street; (v). McFadden Avenue between Goldenwest Street to east city limits ; (w) Newland Street .between Heil Avenue and Pacific Coast Highway; (x) Orange Avenue between Goldenwest Street and 17th Street; (y) Slater Avenue between Newland Street and west city limits; (z ) Springdale Street between Edinger Avenue nd Talbert Avenue; (aa) Talbert Avenue between Goldenwest Street and Newland Street; (bb ) Yorktown Avenue between Beach Boulevard and Ward Street . (Ord. 1947, 11/74; Ord. 1935, 6 Nov 7.4) . 10.12. 050 Forty-five m.p.h. prima facie speed limit . Upon the basis of an engineering and traffic survey of the portions of streets hereinafter set forth, the city council determines and declares that the prima facie speed limit of sixty-five (65 ) miles per hour is more than is reasonable or safe; that a 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 portions of the following streets shall be and is forty-five (45 ) miles per hour: (a) Adams Avenue between Beach Boulevard and east city limits; (b ) Bolsa Avenue between Springdale Street and Goldenwest Street; (c ) Bolsa Chica Street between Edinger Avenue and Warner Avenue; (d) Brookhurst Street between Garfield Avenue and Ham- ilton Avenue; 280 (e ) Bushard Street between. Garfield Avenue and Brookhurst Streit ; t (.f.) Edinger Avenue between Beach Boulevard and east city limits (g) Edwards S,.reet between Slater Avenue and Garfield Avenue; (h) Ellis Avenue between Edwards Street and Goldenwest Street ; (i) Garfield Avenue between Newland Street and Ward Street; Q ) Garfield Avenue between Edwards Street and Goldenwest Street; (k) Goldenwest Street between Garfield Avenue and Slater Avenue; , (1) Gothard Street between Edinger Avenue. and Warner Avenue; (in) Graham Street between Bolsa Avenue and .Ediriger Avenue; (n) Huntington Street between Adams Avenue and Yorktown Avenue; (o ) Magnolia Street between Heil Avenue and Pacific_ Coast Highway; (p) McFadden Avenue between Graham Street and Goldenwest Street; (q) Springdale Street between Edinger Avenue and north city limits; (r) Ward Street between Yorktown Avenue and Garfield Avenue; (s ) Warner Avenue between Magnolia Street and Pacific Coast Highway. (Ord.. 1947, 11/74; Ord.. 1935; 6 Nov 74 ) . 10. 12. 060 Fifty m..p.-h. .. prima:facie speed limit . Upon the basis of an engineering . and traf.fib survey of the portions of streets hereinafter set - forth, the city council determines and declares that the prima facie speed limit of sixty=five (65) miles per hour is mOre .than is reasonable and safe; that a speed 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 portions of the following streets shall be and is fifty (50) miles per hour: (a) Bolsa Avenue between Bolsa Chica . Street and Springdale Street; (b ) . Bolsa Chica Street between Rancho Road and Edinger Avenue;. (c) Brookhurst Street between Hamilton Avenue and Pacific Coast Highway; 10. 12. 070 Speed limits .on state highways . The state of California has established. the following prima facie speed. limits : 281 w iu..12. U'(U (a) The speed limit on Pacific Coast Highway from one hundred . and sixty (160 ) feet south of 12th Street to eight hundred ( 800 ) feet north of Huntington Street is thtrty- five ( 35 ) miles per hour. (b ) The speed limit on Pacific Coast Highway from the north city limits to eight hundred (800 ) feet south of Warner Avenue is forty (40) miles per hour. (c ) The speed limit on Beach Boulevard from the north city limits to three hundred and twenty (320) feet south of Holland Drive is forty-five ( 45 ) miles per hour. (d) The speed limit on Pacific Coast Highway from one hundred fifty (150) feet south of 20th Street to one hundred and sixty (160 ) feet south of 12th Street is forty-five (45 ) miles per hour. (e ) The speed limit on Pacific Coast Highway from eight hundred (800) feet north of Huntington Street to nine hundred (900 ) feet south of Beach Boulevard is forty-five ( 45) miles per hour. (f) The speed limit on Beach Boulevard from three hundred and twenty ( 320) feet south of Holland Drive to three hundred (300 ) feet .south of Indianapolis Avenue is fifty (50) miles per hour. (g) The speed limit on Pacific Coast Highway from six thousand and two hundred (6,200 ) feet north of Goldenwest Street to one hundred and fifty (150) feet south of 20th Street is fifty (50) miles per hour. (h) The speed limit on Beach Boulevard from three hundred (300 ) feet south of Indianapolis Avenue to Pacific Coast Highway is fifty-five (55) miles per hour. (i ) The speed. limit on Pacific Coast Highway from eight hundred (800 ) feet south of Warner Avenue to six thousand and two hundred (6,200 ) feet north of Goldenwest Street is fifty-five (55) miles per hour. Q ) The speed limit on Pacific Coast Highway from nine hundred (900) feet south of Beach Boulevard to the south .city limits is fifty-five (55) miles per hour. (Ord. 1935, 6 Nov 74 ) . Chapter 10. 16 CONTROL DEVICES Sections • 10. 16-010 Installation--Authority. 10. 16. 020 Installation--Vehicle Code compliance. 10. 16. 030 Installation--Director of public works specifies . . 10. 16. 040 . Required for enforcement . 282 10. 16: 010--10.16. 050 Sections : (Continued) 10. 16 .050 Obedience required. 10, 16 . 060 Signals--Installation. 10 . 16 .070 Signals--Locations determination. 10. 16. 080 Signals--Street name sign placement. 10. 16. 090 Lane marking. 10 . 16,100 Distinctive roadway markings. 10. 16. 110 Removal, relocation and discontinuance. 10 . 16. 120 Hours of operation. 10. 16 .130 Unauthorized painting of curbs . 10. 16 . 140 Turning .markers--Placement authority. 10. 16. 150 Restricted turn signs . 10 .16. 160. Right turns on red light restricted. 10 .16. 010 Installation--Authority. The director of public works shall have the power and duty to place and main- tain or cause to be placed and maintaind _official traffic control devices when and as required to make effective the provisions of this title. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 16 .020 Installation--Vehicle Code cop liance. When ever- the Vehicle Code requires , for the effectiveness of any provision thereof, that traffic control devices be installed to give notice to the public of the application of such law the director of public works is authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions .set forth in the law applicable thereto. (Ord. 1157 (part) , 1965 :. ,Ord. 322 (part) , 1928) . 10 .16.030 Installation--Director _of public works specifies . The director of public works may also place and maintain or cause to place and maintain such additional traf- fic control devices as he may deem necessary or proper to regulate traffic or to guide or warn traffic, but he shall make such ,'determination only upon the basis of traffic en- gineering principals and traffic investigations and in accor- dance with such standards , limitations , and rules as may be set forth in this title or as may be determined by ordi- _f nance or resolution of the council. . (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 .16 .040 Required for enforcement. No provision of the Vehicle Code or of this title for which signs are requi- red shall be enforced against an alleged violator unless ap- propriate ' legible signs are in place giving notice of such provisions of the traffic laws. (Ord. 1157 (part) , 1965) . 10.16. 050 Obedience required. The operator of any ve- hicle or train. shall obey the instructions of any official 283 10. 16. 060--10. 16. 100 traffic control device placed in accordance with this title unless otherwise directed by a police officer or other au- thorized person subject to the exceptions granted the opera- tor of an authorized emergency vehicle when responding to emergency calls. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 16 .060 Signals--Installation. The director of pub- lic works is directed to install and maintain official traf- fic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. (Ord. 1157 (part) , 1965) . 10 . 16.070 Signals--Locations determination. The direc- tor of public works shall ascertain and determine the loca- tions where such signals are required by field investigation, traffic counts and other traffic information as may be per- tinent and his determinations therefrom shall be .made in ac- cordance with those traffic engineering and safety standards and instructions set forth in the California Maintenance Manual issued by the Division of Highways of the State De- partment of Public Works . (Ord. 1157 (part) , 1965) . 10 . 16 .080 Signals--Street name sign placement. When- ever the director of public works installs and maintains an official signal at any intersection he shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained .at any such intersection. (Ord. 1157 (part) , 1965) . 10 . 16. 090 Lane marking. The director of public works is authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be travel- ed by vehicles and may place signs temporarily .designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. (Ord. 1157 (part) , 1965) . 10 .16. 100 Distinctive roadway markings . The director of public works is authorized to place and maintain distinc- tive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traf- fic or the vertical or other curvature of the roadway ren- ders it hazardous to drive on the left side of such markings or signs and markings. Such marking or signs and marking shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code. (Ord. 1157 (part) , 1965) . 284 --10. 16. 160 10. 16. 110 10 . 16 . 110 Removal , relocation and discontinuance. The director of public works is authorized to remove , relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this title whenever he determines in any particular case that the con- ditions which warranted or required the installation no long- er exist or obtain. (Ord. 1157 (part) , 1965) . 10 . 16 . 120 Hours of operation. The director of public works shall determine the hours and days during which -any traffic control device shall be in operation or be in effect , except in those cases where such hours or days are specified in this title. (Ord. 1157 (part) , 1965) .. 10 . 16. 130 Unauthorized painting of' curbs . No person, unless authorized by this city, shall paint any street or curb surface• provided, however, that this section shall not apply to the painting of numbers on, a curb surface by any person who has complied with the provisions of any re- solution or ordinance of this city pertaining thereto. (Ord. 1157 (part) 1965) . 10 .16. 140 Turning markers--Placement authority. The director of public works is authorized to place official traf- fic control devices within or adjacent to intersections and. indicating the course to be traveled by vehicles turning at such intersections and the director of public works is au- thorized to locate and indicate more than one lane of traf- fic from which drivers of vehicles may make right or left hand -turns , and the course to be traveled as so indicated may conform to or be other than as prescribed by law or or- dinance. (Ord. 1157. (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 16 .150 Restricted turn signs . The director of pub- lic works is authorized to determine those intersections at which. drivers of vehicles shall not make a right, left or U turn, and. shall place proper signs at such intersections . The making of such turns may be prohibited between certain hours of any day and permitted at other hours in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted. (Ord. 1157 (part)- , 1965) . 10 . 16 . 160 Right turns on red fight restricted. (A) No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is signposted giving notice of such restriction as hereinafter provided in subsection (B) . 285 10. 20. 010--10. 20. 040 (B) The director of public works shall post approp- riate signs giving effect to this section where he deter- mines that the making of right turns against traffic signal "stop" indication would seriously interfere with the safe and orderly flow of traffic. (Ord. 1157 (part) , 1965) . Chapter 10 . 20 PROHIBITED PLACES OF OPERATION Sections : 10 .20.010 Protruding loads . 10 .20 .020 Vehicles on sidewalks ._ 10 . 20 . 030 Toy vehicles or roller skates on roadway. 10 .20 . 040 Skate boards. 10 .20 .050 Pedestrian overcrossing--Toy vehicles pro- hibited. 10 . 20 .010 Protruding loads. It is unlawful for the operator .of any of the following vehicles to drive the same in any business district between the hours of _ seven a.m. and six p.m. of any day except Sunday :' Protruding Loads . Any vehicle so loaded that any part of its load extends more than three feet to the front or more than ten feet to the rear of the vehicle. (Ord. 322 (part) , 1928) . 10 .20 .020 Vehicles on sidewalks . The operator of any vehicle except those vehicles regulated by Chapter 10 . 88, shall not drive within any sidewalk area except to a perma- nent or temporary drive. (Ord. . 1003 (part) , 1963 : Ord. 322 (part) , 1928) . 10 . 20 .030 Toy vehicles. or roller skates on roadway. It is unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle or similar de- vice to go upon any roadway. (Ord. 1199 (part) ,' 1966 : Ord. 322 (part) , 1928) . 10 .20 .040 Skate boards . It is unlawful for any per- son upon a skate board, or similar device to go upon any right-of-way, sidewalk or parking area where the _use of such skate board or similar device creates a hazard to the pedestrian using such sidewalk or parking area. (Ord. 1.199 (part) , 1966 : Ord. 1133 (part) , 1965) . I 286 10. 20.050--10. 24. 010 10 .20 . 050 Pedestrian overcrossing--Toyi.vehicles .pro- hibited. It is unlawful for any person to ride. a skate board, coaster, toy vehicle , roller skates or any vehicle of a similar nature over any - pedestrian overcrossing within the limits . of the city. (Ord. 1784 (part) , 1972 : Ord..-.. 1199 (part) , 1966) Chapter 10 . 24 TRUCK ROUTES Sections : 10.24.010 Designated. 10.24 .020 Streets prohibited to trucks . 10 . 24. 030 Excepted trucks . . 10.24.040 Sign erection by public works director. 10 .24.010 Designated. The city .council designates certain streets or portions of. streets as routes the use of which is permitted by any vehicle exceeding a maximum gross weight of three tons. The director of public works is authorized to designate the following streets as "truck WA routes" by use of appropriate signs where , in his opinion, such designation is required. These streets are described as follows Adams-Lake to east city limits Atlanta-Beach to Bushard Bolsa-Bolsa Chica to east city limits Bolsa Chica-Warner to Rancho Brookhurst-Ocean to Garfield Bushard-Hamilton to Atlanta Cannery-Atlanta to Garfield Edinger-Bolsa Chica to Newland Garfield-Edwards to Brookhurs.t Golden West-Mansion to Bolsa Gothard-Garfield to Edinger Graham-Edinger_.to Bolsa Hamilton-Bushard to east city limits Lake-Atlanta to 17th Main-Mansion -to Beach Mansion-Golden West to Main. . McFadden-Graham .to Springdale Newland-Ocean to Atlanta fOrange-Lake to 23rd Street Springdale-Warner to north city limits Talbert-Golden West to-Newland Warner-Pacific Coast Highway to Cannery I 28.7 10. 24. 020--10. 24. 040 First-Ocean to Lake Seventeenth-Ocean to Garfield ' Twenty-third-Ocean to Golden West. (Ord. 1142 (part) , 1965 : Ord. 532 (part) 1948 : Ord. "519 (part) , 1947) . 10 .24. 020 Streets prohibited to trucks . The city coun- cil designates all streets in the city, except those enumber- ated in Section 10 . 24 .010 , as streets on which any commercial vehicles of gross weight over three tons are prohibited. (Ord. 1142 (part) , 1965 : Ord. 532 (part) , 1948 : Ord. 519 (part) , 1947 : ' Ord.. 322 (part) , 1928) . 10. 24 . 030 Excepted trucks . Nothing is this chapter shall prohibit the operator of any vehicle exceeding the maximum gross weight of three tons coming from a truck route having ingress and egress by direct route to and from re- stricted streets , when : (A) Necessary for the purpose of making pickups or de- liveries .of goods , wares and merchandise , from or to any building or structure located on such restricted streets ; (B) Necessary for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure, for which a building permit has been previously obtained; (C) Any passenger bus under the jurisdiction of the .. Pulbic Utilities Commission, or owned by a bus company .li- censed by the city; (D) Any vehicle. owned by a public utility while nec- essarily in use in the construction, installation or re- pair of any public utility; (E) Any vehicle owned by the city while necessarily in use in the construction, installation or repair of a city utility or street. (Ord. 1142. (part) , 1965) . 10 . 24 . 040 Sign erection by public works director. The director of public works may erect and maintain apro- priate signs on those streets affected by this chapter where he deems the same to be necessary. (Ord. 1142 (part) , 1965 : Ord. 532 (part) , 1948) . Chapter 10 . 2.8 ONE-WAY ALLEYS . Sections : 10 .28.010 Designated. 10.28. 020 Entering . alleys in Blocks 103 and' 104. 10. 28. 030 Entering alleys in Blocks 203 and 204. 288 10--10. 28.050 10. 28. 0 Sections (Continued) fir; 10. 28.040 Signs--Posting -locations ., 10,.28.050 Signs--Violation. 10. 28.060 Alley parking restricted to unloading. 10 . 28.010 Designated. The following alleys located . within this city are designated as one-way alleys : (A) ' ' Alleys in Blocks 103 and 104 . Alleys between Main Street and Third Street, .and between .Main Street and Fifth Street,-.and the .alleys .running from said alleys .northeast- erly .to Walnut Avenue', and located'within blocks 103 and 104, • Huntington Beach Tract; (B).. .Alleys in Blocks 203 and 204. Alleys located in blocks. .203 and 204, Huntington Beach Tract. (Ord. .502 (part) , 1946 : Ord. 322 (part). , 1928) . 10. 28. 020 Entering alleys in Blocks 103 and 104. All motor vehicles entering the alleys designated and .-described in Section 10 :28. 010 (A) hereinabove shall enter from Main Street or Walnut Avenue and shall exit as follows : .(A) . Those entering the alleys in Block 103 shall exit ;on Third Street; : (B). ..Those entering the alley in Block 104 shall exit ,on !Fifth Street. (Ord. 502 (part) , 1946 : Ord. 322 (part) , f 1928) . 10 . 28.030 Entering alleys in Blocks 203 and 204 . All ' motor vehicles entering the said alleys designated and. des- cribed in .Section 10 .28.010 (B) shall enter from -Olive Av- enue and exit on: Walnut Avenue; and all such traffic enter ing' said alleys shall proceed in the . direction of the exit. .(Ord. 592 (part) , 1946 ::. Ord. 322 (part) .. 1928) . 10 .28. 040 Signs--Posting .locations. (A) The chief .of police .is. authorized. and directed to place or-tcause to be placed signs at the entrance of ,he alleys herein desig nated, reading as follows : "ENTRANCE ONLY. ONE WAY ALLEY . " (B) Signs at Exits: And at the . exit of the alleys , signs reading as follows : "DO NOT ENTER, ONE WAY ALLEY. " (C) Signs at .Alley Intersections : And to place, or . .cause to be placed signs reading "RIGHT. TURN ONLY" or "LEFT TURN ONLY, " and to indicate by lines on the pavement at the ' intersection of the alleys in Block 103 and Block 104 in .order- to direct the traffic in accordance .with this chapter: (Ord. 502- (part) , 1946 : Ord. 322 (part) , 1927) . 10 .28. 050 Signs--Violation. No person shall ,operate any motor vehicle in said,-alleys in any direction, ,or enter 289 10. 28. 060--10. 32 . 010 said alleys , when a sign is posted as herein provided, ex- cept as . herein provided. (Ord. 502 (part): , 1946 : Ord. . 3.22 . (part) , 1928) . . 10 . 28. 060 Alley parking restricted to unloading. It is .illegal to .park any motor vehicle in any one-way alley except while unloading. (4) Time Limit. Any such motor vehicle shall not be parked longer than twenty minutes. (C) Requiring Removal. Any police officer may require any such motor vehicle so parked to be moved in order to . allow the free passing of other vehicles lawfully within the alley. (Ord. 502 (part) , '1946 : Ord. 322 (part) , 1928) . Chapter 10. 32 MOVEMENT OF OVERLOADS Sections : 10. 32.010 . Purpose-=Application. 10 . 32.020 Governmental agencies.., 10 . 32.030. . Definitions. 10 . 32. 040 Permit required. 10 . 32.050 Permit--Movement compliance. . 10.32. 060 . Permit--Types and their fees. . 10 . 32.070 Permit--Application. . 10 . 32.:0.80 Permit--Application--Contents. 10 . 32.090 Permit--Application--Processing. 10 . 32 . 100 Permit--Contents . 10. 32. 110 Permit--Issuance. 10. 32.120 Permit--Carried in vehicle or on operator. . 10.. 32. 130 Utility property displacement. 10. 32. 140 Time and route determined. .10. 32. 150 Escort--Required when. 10. 32. 160 Escort--Deposit for costs. 10. 32. 17.0 Escort Assigned by director. 10 . 32. 180 Parking overload vehicles. 10 . 32 . 190 Moving at night., 10 . 32. 200 Public liability insurance 10 . 32. 216 Bond required. 10. 32. 220 Damage--Report. 10 . 32. 230 Damage--Responsibility. 10 . 32.010 Purpose--Application. The purpose of this chapter is to regulate and limit the use of certain public streets and public property within the city. by. any vehicle defined in this chapter as an overload, in order to prevent .290 10. 32. 020--10. 32.030 y damage to street foundations , surfaces or structures, to } protect bridges and other public or private property and life from damage or injury resulting from. the moving, or having upon a public street an overload, and to .promote . the general health, "welfare .and.. safety "of the citizens of this city. .(Ord. 1392 (part) , 1968) .. 10 . 32. 020 . .Governmental agencies. The provisions of ' this chapter shall apply to the United States , this state, counties , municipal corporations , school districts and to all other governmental .bodies , agencies or instrumentalities ; _ provided, however,: that :if. any .such governmental agency shall fi le. witK the director :of public works an agreement in writ- ing to .pay all damages , costs or expenses which maybe suf. s' Jered or incurred by -this -city as. a result of. the movement f of "any overload by such agency, then such agency need not pay any permit fee or post any deposit or,• policy of liabil- ity insurance required by this chapter. This exemption shall, not apply to any. private contractor engaged by any governmental agency;, nor to any equipment or vehicle not operated by .any employee of the governmental agency moving i the overload under the supervision and control, of an offi- cer thereof. (Ord. 1392 (part) , 1968) . f y 10 ..32. 030 Definitions . The following words. and phrases shall: hc . "the meanings hereinafter set forth, and if any word or phrase is not hereinafter defined, it shall have the meaning set forth in the California Vehicle Code, pro- vided that if any such word or phrase_ is not " defined in said Vehicle Code, " it shall have the meaning attributed to it in ordinary usage, (A) : "City" means the city of Huntington Beach, Cali- it fornia. '! (B) "Department" means the department of public works of the city. (C) "Director" means the director of the department of public works. of this city or his authorized representative . { (D) "Gross weight" means the combined weight of a ` vehicle and its load. (E) "Overload" means and includes any vehicle or comb- ination of vehicles exceeding the ..limitations set forth in Di- vision 15 of the California Vehicle Code relating to height, width, length, size or weight of a vehicle or load. (F) "Person" means any person, firm, individual, cor- poration, . partnership, trust or other organization, and shall g include .'an owner, lessee,. agent or employee of any person, firm,. �individual, corporation, . partnership, trust or other organization. (Ord.. 1392. '(part) , 1968) , tl , t • 291 10. 32. 040--10. 32. 080 10. 32. 040 Permit required. It is unlawful for any person to move, permit or cause to be moved, any overload upon any public street or place in the city, without first obtaining a permit therefor from the director as required by this chapter. (Ord. 1392 (part) , 1968) . 10 . 32.050 Permit--Movement compliance. It is unlaw- ful for any person to move, or permit or cause to be moved, any overload upon a public street or place in the city con- trary to the terms and conditions of the permit issued by the director, in violation of any provision of this chapter, other applicable provisions -of this code, or of the Califon nia Vehicle Code, over a route or at a time other than that ' . specified on the permit, on a day other than a regular day for the department, or in .rainy ortfoggy weather. This section shall not apply to an overload being moved at the request of an authorized public officer in the event. of flood, fire, earthquake or other public disaster .or exigency, or for the purposes of national defense. Any permit may be revoked by the director at any time for a violation by per- mittee of this chapter, . or when public health, safety or welfare requires such revocation. (Ord. 1392 (part) , 1968) . 10 . 32.060 Permit--Types and their fees. (A) One-Day Permit. A permit is necessary to move . a specified overload on city streets during one day. Any number of trips may be \ j. made on the day for which the permit is issued. The fee for such permit shall be five dollars . (H) Temporary Permit. A .permit is necessary .to move specified identical overloads on city streets for a period of time not exceeding thirty days. The fee for such permit shall be five dollars plus one dollar for each day such permit is in effect. (C) Annual Permit. A permit is necessary to move specified identical overloads in the .city streets for a period not exceeding one year. The fee for such permit shall be fifty dollars . (Ord. 1392 (part) , 1968) . 10. 32. 070 Permit--Application. Application for a per- mit to move an overload upon the public streets of this city, together with the feeerequired for the type permit reques- ted shall be filed with the director at least seventy-two hours prior to the time such overload is to be moved upon the public streets of the city. (Ord. 1392 (part) , 1968) . 10. 32.080 -Permit--A lication--Contents. The applica- tion for an overload permit shall be made on a form furnish- ed by the director, and shall contain the following in- formation : (A) Length of time for which the permit is requested, i.e, for a single trip, thirty days, or annual; 292 10. 32. 090_-10. 32. 120 (B) Except in requests for annual permits , a state- ment of the street or place''over ,which applicant desires to travel; (C) A complete description of the vehicle or vehicles to be operated, including the make, license number and weight, and name of the registered owner of the truck; (D) A description of the type load to be moved, and if .the request .is for an annual permit, the number of trips i contemplated; (E) Such other information as the director determines . necessary to .carry out the provisions of this chapter. .� (Ord., 1392 (part) 1968) . 10A2.090 Permit--Application--Processing. Upon .re- ceiving an application for .an overload permit the director shall immediately transmit a copy thereof to the chief of police. The director and chief of police shall immediately . cause investigations to be made concerning compliance with the. state laws and local ordinances regulating vehicle traf- fic safety and congestion, and the safety of all property, public and private , including any public utility which may be affected 'by proposed movement .of an overload on the streets: :. The chief of police shall report his findings to the. director: (Ord. 1392 (part) , .1968) . 10 . 32. 100 Permit--Contents . A permit to move any over- load s all set forth on its face the period of time for which it. is to be effective, the routes over which the overload may i be moved. Any permit which fails .to contain any of the above information or which purports to grant authority to move any overload contrary to the . provisions of this chapter is void, and the. city or any city officer or employee is not liable for any damages resulting to applicant due to such permit failing to contain ahy' of such information. (Ord. 1392 (part) ,' 1968) j 10. 32. 110 Permit--Issuance. The director, .as he deems necessary and .reasonable may issue or refuse to issue an F overload permit or may issue a permit .on such terms 'and con- ditions as he . deems necessary to protect the public streets or property of any person, including limiting the number of. trips , the weight, time of day trips are made, season during. which trips are made, and requiring applicant to obtain t written approval of any person whose property will be unduly disturbed .or endangered by applicants moving an overload up- on thd '�public streets. (Ord. 1392 (part) , 1968) . .10. 32 . 120 Permit--Carried in vehicle or on operator. Every overload permit shall be carried in the vehicle or with the operator of the vehicle to which it refers and shall be j I ` 293 . 10. 32. 130--10.. 32. 160 presented, upon demand, to any .peace officer, traffic offi- cer or other authorized agent of the department of the city . charged with the care and protection of the city streets . (Ord. 1392 (part) , 1968) 10 . 32.130 Utility pro erty displacement. Whenever the moving of any overload requires the removal or displacement of any wire or other property of any public utility it shall be the duty of the applicant to give notice and make such deposits as are required by the affected public utility, . and of the public. utility to act in an, efficient and expedi- tious manner to remove or displace or cause to be removed or displaced,. such wire or other property. (Ord. 1392 (part) , 1968) . 10 . 32. 140 Time and route determined. The 'director shall determine .or approve the times when an overload may be moved, and shall determine or approve the route over which each overload. may be moved, in accordance with such move- ment permitted by underpasses, overhead wires and other ob- stacles , condition of the streets and other pertinent condi- tions . Routes shall, whenever possible, be confined to arterial highways and not local streets. Overloads travel- ing on a route approved by .the director are exempt from any truck route regulations. (Ord. 1392 (part) , 1968) . 10 . 32. 150 Escort--Required when. It is unlawful for any person, unless accompanied by an escort assigned by the director, to move upon any public street or place, any over- load which falls within any of the following categories (A) Has a gross weight in excess of fifty tons (100 ,000 pounds) (B) The load or vehicle exceeds in width one-half the narrowest roadway over which such overload is moved; (C) The load or vehicle exceeds eighteen feet .(216 in- ches) in width, or sixteen feet (192 inches) in height; (D) The load or vehicle exceeds 65 feet over-all in length. If the director determines that such movement of the overload may be made safely, without damage to the street or injury to persons , or undue interference with traffic or the use of the streets by the public, he may waive the requirements of this section. (Ord. 1392 (part) , 1968) . 10 . 32. 160 Escort--Deposit for costs. Every applicant for a permit to move any overload required to be accompanied by an escort shall file with the director a deposit of cash sufficient to cover the costs of the escort at the rate of twenty dollars- for each half day (4 hours) or fraction there of over four hours , for the length of time the director 294 .10.32.170--10. 32.190 deems, necessary for the performance of such service. The director shall deposit all such escort fees with the city treasurer. Upon the completion of the .moving of such over- load, the director shall deduct from such deposit the sum of Twenty Dollars ($20) for each half day (four (4) hours) or fraction thereof, or of Forty Dollars ($40) for each full day (eight (8) hours ) or fraction thereof over four (4) hours, for. the time- such escort was used by applicant, and shall authorize the director of finance to refund to the applicant any difference between the amount .deposited and the amount so deducted. If an amount insufficient .to pay the. costs of the escort at' the above rates were deposited by applicant, he shall pay to the director an _additional amount . of money sufficient to pay for the cost .of the escort. (Ord. . 1392, 2/68)"* 10. 32 .170 Escort--Assigned. by director. When any overload is required to be . accompanied by an escort and a . permit has been issued and the deposit for the escort has been paid . to the director, the director shall assign an escort to. accompany the overload. It shall be the duty of the mover of any overload to notify the director at least twenty-four (24) hours in advance of the time the move is to b' started and the escort needed. . (Ord. 1392, 2/68) . 10. 32.180 Parking overload vehicles. When it becomes imposs . ble or impractical to remove an overload from the city and such overload must be parked upon any public place In the city., detour signs and warning lights approved by the director shall be so.!.placed as to make passage of such over- load'.safe. for regular' traffic .on the street. The director and the chief of police shall be notified immediately that such overload will be parked.,- -and either of such officers may require .such overload to be removed to a place he deems safe for such .overload and.. other. traffic on the street. (Ord. 13929 2/68) . 10. 32..190 Moving at night . when any overload must -be moved at night and the director has issued a permit therefor, warning lights must be placed upon such overload to indicate the clearance of such overload in the front and on the rear and each. side. Such warning lights must be visible from a distance of five hundred (500) feet from the front, rear and each side, and there must be at least four (4) such warning lights visible from the front, rear and each side of such overload. In addition, flagmen must be employed to warn approaching traffic of the presence of such overload. The director may require such additional warning lights and signs as he. deems necessary for` the protection of other drivers. (Ord. 1392, 2/68) . 295 10. 32. 200--10. 32. 230 10- 32. 200 Public liability insurance. The applicant shall fUnish to the city and maintain during the period for which an overload permitis issued, a public liability insurance policy in which the city, city council, elective and appointive officers, employees, boards and commissions of the city shall be named as additional insureds when acting within the scope of their official duties , against all claims arising out of or in connection with the movement of, or having on the streets, the overload. Such public liability insurance policy shall indemnify, defend and hold harmless said additional insureds. The policy shall provide for not less than the following amounts : Combined Single Limit Bodily Injury and/or _Property_ Damage Including Products Liability: 1,000,000 Combined Single Limit Per Occurrence-. (Ord. 1976, 21 May 75; Ord. 1392, 2/68) . 10- 32. 210 Bond required. A surety. bond or cash deposit in the amount of Two Thousand Dollars ($2,000) shall be deposited with the director to guarantee. the repair or re- placement . of any public streets or bridges or other property which may be damaged as a result of applicant moving or having upon public streets, any overload. (Ord. 1392, 2/68) . 10. 32. 220 Damage--Report . Applicant shall report any damage to any property, public or private, as a- result of . moving or having upon public streets, any overload. Such report shall be presented to the director within twenty-four (24 ) hours after .such damage is caused. Such report shall include the location, cause and description of any such damages,. and the names. of any witnesses . (Ord. 1392, 2/68) . 10. 32. 230 Damage--Responsibility. The city, the city council, the director or any city employee shall not be liable for any loss or damage arising out of any violation or failure to comply with this chapter. (Ord. 1392,. 2/68) . .:.J 296 --10. 36. 040 10. 36. 010 Chapter 10. 36 STOPS AND YIELDS , > Sections :.: 10. 36 .010 Emerging from alleys . 101. 36.020 • Through streets--Map on` file. 10. 36.030 Through . streets--Sign erected. : 10. 36 .040 Signs--Locations determined. 10. 36 .'010 Emerging from alleys . . The operator of a vehicle emerging from an alley, driveway or garage, in the business district , shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area ex- tended across an alleyway . (Ord. 1144 (part), 1965.: Ord. 1138 (part) , 1965) . 10 . 36 .020 Through streets--Map on file. Those streets , and parts of streets , which form the most recent revision of the master plan of arterial streets and highways of the city as adopted by the city council, are declared to be througn streets. for the purpose of this chapter. Other streets and parts .of streets declared to be through streets by resolution of the. city council are listed in "Schedule A" on file in the office of the . director of public works . (Ord. 1144 (part) , 1965 : Ord. 1138 (part) , 1965) . 10. 36 .030 Through streets--Sign erected. Whenever any .resolution of this city designates and describes a through street, it shall be the duty of the director of public works to place and maintain a stop sign, or on the basis of a traf- fic engineering survey at any intersection, a yield sign, f on each and every street intersecting such through street unless traffic at any such intersection is controlled by traffic control signals; provided, however, that at the in- tersection of two such through streets or at the intersection of a through street and a heavy traffic street not so desig- nated, 'stop . signs shall be. erected at the approaches of either of said streets. or of both said streets upon the basis of -a _traffic engineering study. (Ord. 1.144 (part) 1965 : ! Ord. 1138 (part) , 1965) . (� 10 . 36. 040 Signs--Locations . determined. The director of public works is authorized to determine and designate intersections where particular hazard exists upon other than streets and to determine : (A) Whether vehicles shall stop at one or more en- trances to any such intersection, in which event the direc- for of :.public works 'shall cause. to be erected a stop sign f i 297 5 { 10. 40. 010 at every such place where a stop is required; or (B) Whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection in which event he shall cause to be erected a yield sign at every place where obedience thereto is required. Stop intersec- tions are designated in "Schedule B. " Yield intersections are designated in "Schedule C. " Schedules .B and C are on file in the office of the director of public works. (Ord. 1144 (part) , 1965 : Ord. 1138 (part) , 1965) . Chapter 10. 40 GENERAL PARKING REGULATIONS Sections : 10. 40 . 010 Applicability. 10.40.020 More restrictive provisions apply. 10. 40 .030 Stopping or standing in parkways prohibited. 10. 40. 040 zones and areas maintained. 10.. 40.050 No parking areas . 10 .40. 060 Storing vehicles in street prohibited. 10 . 40 .070 Displaying vehicle for sale. 10. 40.080 Repairing or greasing in street. 10 . 40. 090 Washing or polishing vehicles for charge. 10 . 40 . 100 Parking--Adjacent to schools . 10 . 40. 110 Parking--Prohibited on narrow streets . 10. 40. 120 Parking--Highway grade. 10. 40. 130 Parking--Peddlers and vendors. 10. 40. 140 Food vending vehicles--Permit required.. 10. 40. 150 Vehicles used for property transportation. 10. 40. 160 Permit--Compliance--Revocation. 10.. 40. 170 Emergency parking signs. 10. 40 . 180 . Disabled commercial vehicle--Warning signals. 10 . 40. 190 One-way streets--Parallel parking. 10 . 40. 200 Diagonal parking. 10 . 40. 210 Angle parking--Minimum road width. 10. 40. 220 . Angle parking--One side of street. 10. 40. 230. Parking space markings . 10 . 40.240 No stopping zones . 10 .40.250 Painting of curbs . 10. 40. 260 Vehicle removal by police . 10. 40 .01-0 Applicability. The provisions of this title regulating the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or incompliance with the direc.tions .of a police officer or official traffic control . device. ' (Ord. 1155 (part) , 1965) . 298 10. 40.020--10. 40. 050 10. 40 .020 More restrictive .provisions apply. The pro- ; visions of this title imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinance of this city prohibiting or limiting the standing or. parking of vehicles in specified places or at t specified times . (Ord. 1155 (part)., 1965) . 10. 40 . 030 Stopping or standing in parkways prohibited. ' No, person shall stop, stand or park a vehicle within any parkway. (Ord. ,l155 (part) , 1965) . 10.. 40. 040 Zones and areas maintained. (A) The director of public works is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping 1 zones, no parking areas , and restricted parking areas, as defined and described in this title. (B). When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or park such ve- hicle adjacent to any- such legible curb marking or sign in violation of any of the provisions of this chapter. (Ord. 1057. (part) , 1964 : Ord. 692A (part), 1958 : Ord. 322 (part) , 1928 : Ord. 255 (part) , 1923) . 10. 40. 050 No parking areas. No .operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places , except when necessary to avoid conflict with other traffic or in compliance with the direc- tion of a police officer or other authorized officer, or traffic sign or signal : (A) On either side of any street between the projec- ted property lines of any public .walk, public steps , street or throughfare terminating at such street, when such area `. is indicated by appropriate signs or by red paint upon the curb surface; (B) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings ; t (C) In any area where the director of public works determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or prop- erty when such area is indicated by appropriate signs or by red paint upon the curb 'surface; (D) In any area established by resolution of the coun- cil as a no parking area, when such area is indicated by ap- propriate signs or by red paint upon the curb surface; (E) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track; (F) In any area where the parking or stopping of any f vehicle would constitute a traffic hazard or would endanger life or property; i s 299 10. 40. 060--10. 40. 080 (8) On any street or highwAy there the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is au- thorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehi- cle would prohibit or interfere with such use or movement; provided that signs giving notice of such. no parking are er- ected or placed at least twenty-four hours prior to the. ef fective ' time of such no parking; (H) At any place within twenty feet of a point on the curb immediately opposite' the mid-block end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface; At. the place within twenty feet .of a crosswalk at an intersection when such .place is indicated by appropriate. signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop; (J) Within twenty feet of the approach to any traffic signal, stop sign or official electric flashing device, when such place is indicated by appropriate signs or by red paint upon the curb surface. (Ord. 1155 (part) , 1965: Ord. 1051 (part) , 1964 : Ord.. 692 A (part) , 1958: Ord. 505 (part) , 1947 : Ord. 322 (part) , 1928 : Ord. 255 (part) , 1923) . 10 .40.060 . Storing vehicles in street prohibited.'. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two hours. (Ord. 1155 (part) , 1965 : Ord. 1121 (part) , 1965 : Ord. 632 (part) , 19 5-5) . 10 .40.070 Displaying vehicle for sale. No operator of any vehicle shall park said vehicle upon any street in this city for the principal purpose of advertising or displaying it for sale, unless authorized by resolution of the council. (Ord. 1155 (part) , 1965 : Ord. 1121 (part) , 1965 : . Ord. 632 , (part) , 1955) 10 . 40. 080 Repairing or greasing in street. No person shall construct or cause to be constructed., repair or cause to be repaired, grease or caused to be greased, dismantle or` cause to be dismantled, any vehicle or any part thereof up- on any public street in this city.. Temporary emergency re- pairs may be made upon a public street. (Ord. 1155 (part) , 1965 : Ord. 1070 (part) , 1964 : Ord. 1047 (part) , 1964) . 300 10. 40. 090--10. 40..130 4 10 . 40 .090 Washing or polishing vehicles for char e. No person shall wash or cause to be washed, polls or cause to be polished any vehicle or any part thereof upon any pub- lic street in this city, when a charge is made for such ser- vice. (Ord. 1155 (part) , 1965) . 10 . 40 . 100 Parking--Adjacent to schools . (A) The di- rector of public works is authorized to erect signs indica- ' ting no parking. upon that side of any street adjacent to any school property when such parking would, in his opinion, in- j terfere withi- traffic or create •.a hazardous situation. , j (B) . When..official signs are erected prohibiting par- 'j king 'upon �that side of a street adjacent to any school prop- erty, •no- person shall park a vehicle in any such designated ' place. (Ord. 1155 (part) , 1965) . ' 10,. 40 . 110 Parking--Prohibited on narrow streets . (A) The director of public works is authorized to place signs or markings indicating no parking upon any street when the width of the roadway. does not exceed twenty feet, or up- on one side of a street as indicated by such signs or mar- kings when the width of the roadway does not exceed thirty feet. o (B) When official signs or markings prohibiting parking . are erected upon narrow streets as authorized herein, no ' person shall park a vehicle upon any such street in viola- tion o'f any such sign or marking. (Ord. 1155 (part) , 1965) . 10. 40. 120 Parking--Highway grade . No person shall park or leave standing any vehicle unattended . on a . highway when upon. any grade exceeding three percent without blocking the .wheels of the vehicle by turning .them against the curb ' or by other 'means . (Ord. 1155 (part) , 1965) . 10 . 40 . 130 Parking--Peddlers and vendors . Except as otherwise provided in Sections 10.40 .130 through 10.•40 . 160 , f no person shall stand or park any vehicle, wagon or pushcart from which goods , wares , .merchandise fruits , vegetables or foodstuffs are sold, displayed, solicited or offered for sale i or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street within this city except that such vehicles , wagons or pushcarts may stand or ' park. only at the request of a bona fide purchaser for a ;1 period of time not to exceed ten minutes at any one place. .� The provisions of this section shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. (Ord. 1155 (part) ', 1965 : Ord. 322 (part) 1928) . . 301 10. 40. 140--10. 40. 170 . 10 . 40. 140 Food vending vehicles--Permit required. No person shall park or stand on any street any lunch wagon, eating cart or vehicle , or pushcart from which tamales, pea- nuts , .popcorn, candy, ice cream or other articles of food are sold or offered for sale without first obtaining a writ- ten permit to do so from the director of public works which shall designate the specific location in which such .cart shall stand. (Ord. 1155 . (part) , 1965 :. Ord. 322 (part) , 1928) . 10 . 40. 150 Vehicles used for property transportation. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehi- cle or wagon without first obtaining a written permit to do so from the director of public works which shall designate the specific location where such vehicle may stand. (Ord. 1155 (part) , 1965 : Ord. 322 (part) , 1928) . 10 .40. 160 Permit--Compliance--Revocation. Whenever any permit is granted under the provisions . of this chapter and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon or pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction for viola- ting any of the provisions of this chapter, such permit shall be forthwith revoked by the director of public works upon the filing of the record of such conviction with such of- ficer and no .permit shall thereafter be issued to such per- ton .until six months have elapsed from the. date of such re- vocation. (Ord. 1155 (part) , 1965 : Ord. 322 (part) , 1928) . 10 .40. 170 Emergency arkin signs. (A) Whenever the director of public works shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages , gatherings or functions , or for other reasons , the director of public works shall have the power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and al- leys as the director of public works shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existency and the director of public works shall cause such signs to be removed prompt- ly thereafter. (B) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the direc- tions of such signs . (Ord. 1155 (part) , 1965) . 302 10. 40. 180--10. 40.190 10 . 40 . 180 Disabled commercial vehicle--Warning signals . Every motor truck having an unladen weight of four thousand pounds or more , and every truck tractor irrespective of weight when operated upon any street or highway during dark- ness shall be equipped with and carry at least two flares or two red lanterns or two warning lights or reflectors , which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above mentioned or any trailer or semi-trailer is disabled upon streets or highways. outside of any business or residence -district with- in this city, and upon which street or highway there is in- sufficient street lighting to reveal a vehicle at a distance of two hundred feet during darkness, a warning signal of the% character indicated above shall be immediately placed at a. distance of approximately one hundred feet in advance of, and one hundred feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least i four approved class A-Type I turn signal lamps , at least two toward the front and at least two toward the rear of the ,,ve- hicle, shall be considered to meet the requirements ,of this section until the devices mentioned above can be placed in the required locations . The warning signals herein mentioned shall be displayed continuously during darkness while such vehicle remains disabled upon such street and highway. (Ord. 1155 (part) , 1965) . 10. 40 . 190 One-way streets--Parallel parking. (A) Sub- ject to other and more restrictive limitations a vehicle may be stopped or parked within eighteen inches of the left hand curb facing in the direction of traffic: movement upon any one-way street unless signs are in place prohibiting such stopping or standing. W In the event a highway includes two or more separ- ate roadways and traffic is restricted to one direction upon any such roadway no person shall stand or park a vehicle up- on the left hand side of such one-way roadway, unless signs are ,in place permitting such standing or parking. (C) The director of public works is authorized to de- termine when standing or parking shall be prohibited upon the left hand . side of any one-way street or when standing or parking may be permitted upon the left hand side of any one way roadway of a highway having . two or more separate roadways and shall erect signs giving notice thereof. (D) The requirement of parallel parking imposed by this section shall not apply in the event any .commercial vehicle is actually. engaged in the process of loading or unloading freight or goods , in which case such vehicle may -be backed up to the curb , provided that such vehicle does not extend beyond the center line of the street and does not block traf- fic thereby. (Ord. 1155 (part) , 1965 : Ord. 1121 (part) , 1965) . 303 10. 40. 200--10 . 40. 020 10 . 40 . 200 Diagonal parking. (A) On any of the streets or portions of streets established by resolution of the coun- cil as diagonal parking zones , when signs or pavement mark- ings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle -to park said ve- hicle except : (1) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and en- tirely within the limits of said allotted space; (2) With the front wheel nearest the curb within six inches of said curb. (B) The provision of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers , freight or goods , in which event the provisions applicable in Section 10. 40. 190 shall be com- plied with. (Ord. 1155 (part) , 1965: Ord. 846 (part) , 1961 : Ord. 322 (part) , 1928 : Ord. 268 (part) , 1923 : Ord. 255 (part) , 1923) . 10. 40 .210 Angle parking--Minimum road width. Angle parking shall not be permitted upon any street where parking would diminish the width of the roadway available for travel to less than twenty-four feet or upon any street which is a portion of the city's master plan of arterial streets and . highways . (Ord. 1577 (part) , 1970 : Ord. 1155 (part), 1965) . 10 . 40 . 220 Angle parking--One side of street. The direc- tor of public works is authorized to prohibit the parking of vehicles, provided appropriate signs are placed and maintained to give notice thereof, on one side of a street in any block where angle parking is permitted on the opposite side of the street in such block. (Ord. 1155 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 40 .230 Parking space markings . (A) The director of public works is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted. (B) When such parking space markings are placed on the highway, subject to other and more restrictive limitations , no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible. (Ord. 1155 (part) , 1965) . 10 . 40 .240 No stopping zones. (A) The director of pub- lic works shall place and maintain appropriate signs indica- ting that stopping of vehicles is prohibited and indicating the hours and day when stopping is prohibited when no stop- ping zones have been established by resolution of the council. 304 10.40.250--10. 44. 020 (b ). During the hours and on the days designated on the :11j7,11SII it shall be unlawful for the operator of any vehicle to stop the vehicle on any of the streets or parts of streets established as no stopping zones . (Ord. 1155, 7/65; Ord. 1136, J1/65) . 10 . 40 .250 Painting of curbs . No person, unless author- ized by this city, shall paint any street or curb surfaces; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions. of . any official action of this city pertaining thereto. (Ord. 1155, 7/65) • .10. 40. 260 Vehicle removal by police. Any regularly employed and salaried officer of the Huntington Beach police department may remove any vehicle parked or left standing in any public street or highway, or any city-owned or operated parking lot. in the city, when such parking or standing has been prohibited by ordinance or resolution. No vehicle may be removed unless signs are posted giving notice of the removal. . (Ord. 1510, 6/69 ; Ord. 1155, 7/65 ; Ord. 1121, 2/65; Ord. 632 , 10/55 ).. Chapter 10. 44 . PARKING--TIME LIMITS Sections : 10 .44 . 010 Twelve or twenty-four minutes--Restricted hours . 10 . 44'.020 Twelve or twenty-four minutes--Violation. 10 . 44 . 030 . One hour parking. 10 . 44 .040 Two hour parking. 10. 44 . 050 Continuing violations--Additional offenses . 10. 44. 060 Vehicle and trailer parking restrictions . 10. 44 .010 Twelve or twenty-four minutes--Restricted hours . Green curb marking shall mean no standing or parking for a period of time longer than twelve or twenty-four minutes, as designated by signs , at any time between nine a.m. and six. p .m. on any day except Sundays and holidays . (Ord. 1155, 7/65; Ord. 533, 4/48; Ord. 322,_ 12/28; Ord. 276 , 10/25) . 10. 44 . 020 Twelve or twenty-four minutes--Violation.. When authorized signs :or curb markings have been determined by the director of public works to be necessary and are in . place giving notice thereof, no operator of any vehicle shall 305 10 . 44 .030--10 . 44 . 060 ni.c�ti, ::t cnd or, park ,paid vehicle adjacent; to any such J.egible curb marking or sign in violation thereof. (Ord. 1155, 7/65; Ord. 533 , 4/48; Ord. 322, 12/28; Ord. 276 , 10/25) . 10. 44 .030 One hour parking. When authorized signs or curb markings have been determined by the director of public works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of nine a.m. and six p .m. of any day except Sunday (s) and holidays for a period of time longer than one hour. (Ord. 1155, 7/65; Ord. 566, 10/50; Ord. 255 , 1/25 ) . 10. 44 . 040 _ Two hour parking. When authorized signs or curb markings have been determined by the director of public works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park the vehicle between the hours of nine a.m. and six p .m. of any day except Sunday(s) and holidays for a period of time longer than two hours . (Ord. 1155, 7/65; .Ord. 373, 6/34; Ord. 322, 12/28) . 10. 44 .050 Continuing violations--Additional offenses . Every person violating the provisions of this chapter is guilty of a separate and further violation for each period of time that the vehicle is left so parked, equal to the maxi- mum legal parking time for the particular time zone or park- ing space as designated in said sections setting the maximum legal time . (Ord. 1155, 7/65) • 10. 44 . 060 Vehicle and trailer parking restrictions. No person shall park and leave standing any truck, tractor, trailer, bus , house car, or any commercial or other vehicle with a manufacturer's rated capacity greater than three- quarter ton, or any item of farm machinery or special purpose machine, or any house trailer, for a period of time longer than .two hours of. any day upon any public street or highway in the city, except while loading or unloading property, or .when such vehicle is parked in connection with, and. in aid of, the performance of a service to or on a property in the block in which such vehicle is parked. . (Ord. 1935, 6 Nov 74 ) . 306 10. 48.010--10. 48. 050 Chapter 10 . 48 LOADING ZONES Sections : 10 . 48.010 Authority to establish. 10 . 48. 020 Size limitation. 10 . 48.030 Color identification. 10 .48. 040 Passenger zones identified. .10 .48. 050 Curb markings placement. 10. 48. 060 Maximum time--Materials . .10 . 48. 070 Maximum time--Passengers. 10. 48.080 Maximum time--Abuse not permitted. 10 .48. 090 Yellow loading zone. 10 . 48. 100 Passenger loading zone. 10. 48. 110 Standing in alley . 10 .48. 120 Bus zones . 10 .48. 130 Morning parking restrictions . .10 . 48. 140 Loading permits . 10 . 48 . 150 Extended loading time prohibited where. 10 . 48. 010 Authority to establish. The director of pub- lic works is authorized to mark loading zones and passenger loading zones adjacent to the entrance to any place of busi- ness or adjacent to any hall or place used for the purpose of public assembly. (Ord. 1155 (part) , 1965 : Ord. 322 (part). , 1928) 10 . 48.020 Size limitation. In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes . (Ord. 1155 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 48.030 Color identification. Loading zones shall be indicated by yellow paint upon the top of all curbs with- in such zones . (Ord. 1155 (part) , 1955 : Ord. 322 (part) , 1928) . 10. 48.040 Passenger zones identified. Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones . (Ord. 1155 (part) , 1955 : Ord. 322 (part) , 19.28) . 10 . 48.050 Curb markings placement. The director of public works is authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place , .the following curb markings to indicate parking or standing regulations and said curb markings shall 6 have the meanings as herein set forth : 307 10. 48 . 060--10. 48 . 090 (A) Red means no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone . (B) Yellow means no stopping, standing or parking at any time between seven a.m. and six p.m of any day except Sunday (s) and holidays for any purpose other than the load- ing or unloading of passengers or materials -provided that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than twenty minutes . (C) White means no stopping, standing or parking for any purpose other than loading or unloading of passengers ," or for the purpose of depositing mail in an adjacent mail- box, which shall not exceed three minutes and such restric- tions shall apply between six a.m. and six p.m. of any day including Saturdays , Sundays and holidays , and except as follows : (1) When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times . (2) When such zone is in front of a theater or church, the restrictions shall apply at all times except when such theater or church is closed. (D) When the director of public works , as authorized under this chapter, has caused curb markings to be placed, no person shall stop,_ stand or park a vehicle adjacent to any such legible curb .markings in violation of any of the provisions of this section. (Ord. 1491, 1969 : Ord. 1155 (part) , 1965) . 10 . 48.060 Maximum. time--Materials . Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes . (Ord. 1155 (part) , 196.5) . 10 . 48. 070 Maximum time--Passengers . Permission here- in granted to stop or park for purposes of loading or unload- ing passengers shall include the loading or unloading of per- sonal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes . (Ord. 1155 (part) , 1965) . 10. 48. 080 Maximum time--Abuse not permitted. Within the total time limits above, the provisions of this chapter shall be enforced so as to accommodate necessary and reason- able loading or unloading but without permitting abuse of the privileges hereby granted. (Ord. 1155 (part) , 1965) . 10. 48. 090 Yellow loading zones. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material 308 10.48.100--10 .48.150 for such time as is permitted in Sections 10.4.8 .060. through 10. 48. 080 . (Ord. 1155 , 7/65; Ord. 322, 12/28) . 10. 48. 100 Passenger loading zone. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Sections 10 .48.060 through 10 . 48. 080 . (Ord. 1155, 7/65; Ord. 322, 12/28) . 10. 48. 110 Standing in alley. No person shall stop, stand or park a vehicle for: any purpose other than the- load- ing or unloading of persons or materials in any alley. (Ord. 1155, 7/65; Ord. 322, 12/28) . 10. 48 .120 Bus zones . The director of public works is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of pas- sengers and to determine the location thereof. (Ord. 1155, 7/65) 10. 48. 130 . - Morning parking restrictions . It is unlaw- ful for any operator of any motor truck to park the same, except between the hours of four a.m. and nine a.m. on Main Street between Ocean Avenue and Olive Avenue, in this city, and on Walnut Avenue between Third Street and Fifth Street in this city, except at loading zones regularly designated and marked. (Ord. 1155, 7/65; Ord. 422, 2/39) . 10. 48.140 Loading permits . The director of public. works may issue a special permit to an operator of a motor truck to park on said streets . for the purpose of loading and unloading personal property in cases of emergency or neces- sity, and. for the loading and unloading of building material and bulky articles , to and from business houses located on said streets and property fronting thereon. No loading zones shall be designated or marked on Main Street between Ocean Avenue and Olive Avenue . (Ord. 1155, 7/65) . 10. 48 . 150 Extended loading time prohibited where . No person shall park or leave standing any vehicle, -except for loading purposes as defined in Section 10.04. 070 of this code, in any of the following places : (a) Hospital entrance. At any curb within twenty-five (25 ) feet of the entrance of any hospital. (b ) Police station. At any curb within fifty (50) feet of the entrance to any police station. (c ) Fire hydrant . At any curb within fifteen (15) feet of a fire hydrant . (Ord. 1958, _5 Mar 75 , Ord. 322, 12/28) . 309 10.52 .010--10 .52. 020 Chapter 10. 52 J PARKING--CITY LOTS Sections : 10. 52. 010 Regulations . 10. 52.020 Violation--Penalty. 10. 52. 010 Regulations . The following regulations shall apply to city-owned parking lots other than city-owned beach parking .lots . (.a) The driver of a motor vehicle - shall be permitted to park within designated spaces only. (b ) . No person shall obstruct the flow of traffic in any parking lot . (c ) No person driving, in control of, or in charge of, a motor vehicle shall obstruct any entrance or any right-of- way in any parking lot . (d ) When signs or curb markings regulating parking have been determined by the director of public works to be neces- sary and are in place giving notice thereof, no operator of any vehicle shall stop, stand, or park said vehicle in viola- tion thereof. . (e ) The city administrator shall have the authority to designate reserved parking areas in city-owned parking lots. (f) No unauthorized vehicle shall park in a reserved parking area where signs are posted giving notice of such reserved parking. (Ord. 1929, 8/74; Ord. 1425 , 6/68, Ord. 1084 , 9/64 ) . 10. 52. 020 Violation--Penalty. Any person violating any provision of this chapter shall, upon a conviction there- of, be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars ($100) . (Ord. 1808, 2/73; Ord. 1084 , 9/64 ; Ord. 225, 1/23) . i (The next page is 311. ) 310 10.56 .010--10.5.6.030 Chapter 10. 56 PARKING METERS--GENERALLY Sections : 10.56 .010 Definitions . 10-56 . 020 Chapter supplements other regulations . 10 -56 . 030 Collection of coins from meters . 10 .56 .040 Coins placed in meter. fund. .10-56 . 050 Collector--Bond. 10 .56 .060 Use of proceeds . 10.56 . 070 Account of violations kept . .10-56 .080 Record of violations . 10 .56 .090 Violation--Notice affixed to vehicle. 10156 .100 Violation--Penalty. 10 .56 .110 Exception--Compliance with notice. 10. 56 . 010 Definitions . For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless the provisions of the context otherwise require . (a) "Director" means the director of harbors, beaches and development of the city of Huntington Beach. (b) "Parking meter zones" mean those certain areas within. the city within which the parking of vehicles upon streets or city owned or leased land shall be controlled, regulated and inspected with the aid of timing devices and meters , herein referred to as "parking meters" or "meters ." (c) "Roadway" means that portion of a street between the regularly established curb lines . (d) "Sidewalk" means that portion of a street between the curb lines and adjacent property lines . (e ) "Street" means every way set apart for public travel except alleyways , bridle paths and footpaths . (f) "Vehicle" means conveyance propelled by motor power. (Ord. 1491, 4/69 ; Ord. 1490, 4/69; Ord. 496, 7/46) . 10. 56 . 020 Chapter supplements other regulations . This chapter shall be deemed to be in 'addition and supplementary to, and not in. conflict with, nor a repeal of existing ordi- nances of this city; but shall be an additional provision for the regulation of traffic and parking in the parking meter zones provided for herein. (Ord. 496, 7/46) . 10- 56 . 030 ' Collection of coins from meters . It shall be the duty of the director of finance to designate some person 311 10 .56. 030--10 .56 .o8o or persons to make regular collections of the money deposited in parking meters , and to deliver the money to the director of finance . (Ord. 1327, 1/68; Ord. 496, 7/46) . 10.56 .040 Coins placed in meter fund. It is the duty of the director of finance to count the money and to deliver the money to the city treasurer who shall place it in a special fund to be known as the "parkiing meter fund," which fund shall be used exclusively for the purposes specified in Section 10 .56 ..060. (Ord. . 1327, 1/68; Ord. 496, 7/46) . 10. 56 . 050 Collector--Bond. Such person or persons making the collections shall be bonded in the sum of two thousand dollars ($2,000) to insure the faithful performance of his or their duties . (Ord. 496, 7/46) .• 10.56. 060 Use of proceeds . The amount of the coins required to be deposited in parking meters as provided herein, is levied and assessed as a fee to provide for the proper regulation, control and inspection of traffic upon the pub- lic streets , and to cover the cost of supervising, regulating and inspecting the parking of vehicles in the parking meter zone provided for herein, the cost of placing and maintain- ing Lines or marking; designating parking spaces in parking meter zones , and the cost of the purchase, supervision, pro- tection, inspection, installation, operation, maintenance, control and use of the parking meters installed hereunder, and the acquisition by purchase or lease, improvement, oper- ation, maintenance , repair and replacement of all parking facilities on streets and city owned or leased property; and the special fund in which such fees shall be placed shall be devoted exclusively to those purposes . (Ord. 6o9, 4/54; Ord. 496 , 7/46) . 10.56 .070 Account of violations kept. It is the duty of the chief of police, under the direction of the council, to keep account of all violations of this title . (Ord. 496, 7/46 ) . 10.56 . 080 Record of violations. The chief of police shall keep an account of and report the number of each park- ing meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked -in violation of any of the provisions of .this chapter, the date and hour of such violation, the make and state 312 10. 56. 090--10. 60'. 020 license number of such vehicle , and any other facts and knowl- edge of which is necessary to a thorough understanding of the circumstances attending such violation. (Ord. 496 (part) , . 1946) . 10 . 56 .090 Violation--Notice affixed to vehicle. The chief of police shall attach to such vehicle a notice stating that it has been parked in violation of this chapter, and instructing the owner or operator to report to the judge of a court of competent jurisdiction in regard to such viola- tion. (Ord. _609 (part) , 1954: Ord. .496 (part) , 1946) . 10 . 56 .100 Violation--Penalty. Any person violating any provision- of this chapter or any resolution adopted pursuant to this chapter, shall, upon a conviction thereof,. be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars . (Ord. 1808, 1972 : Ord. 1490 (part) , 1969 : Ord. 496 (part) , 1946) . 10 .56 .110 Exception--Compliance with notice. The. pro- visions of Section 10 . 56 .100 are subject to the preceding provisions of this chapter. (Ord. 496 (part) , 1946) . Chapter 10 .60 f METER ZONES Sections : 10 .60 .010 Establishment. 10 .60 ..020 Times and coins deposited prescribed, 10 . 60. 030 Varied meter times. 10 .60 .040 State highways within zones . 10.60 .010 Establishment. Parking meter zones may be established and determined by resolution of the city coun- cil and parking of vehicles within any such zone shall be as provided in this chapter. (Ord. 1491 (part) , 1969 ; Ord. 1490 (part) , 1969) . 10 .60 .020 Times and coins deposited prescribed. The parking time allowed following deposit of such coins as pro- vided in this chapter, the hours during which such deposits are required, and the directions which shall appear on the parking meters, shall be such as may be prescribed by the council, by resolution. (Ord. 1491 (part) , 1969 : Ord. 1490 (part) , 1969 Ord. 582 (part) , 1952 : Ord. 496 (part) , 1946) , 313 10.60. 030--10. 64. 020 10.60 .030 Varied meter times . When the city council designates the parking times allowed following deposit of such coins as provided in this chapter and more than one parking time is so designated, the director may place the meters in such locations within the zone as he shall deem proper and consistent with the intention of the city coun- cil. (Ord. 1491 (part) , 1969 : Ord. 1490 (part) , 1969) . 10 . 60 .040 State highways within zones. The provisions of Chapters 10 . 56 , 10. 60 , 10..64 and 10 .68 of the Huntington Beach Municipal Code shall be ineffective as to any portion of a state highway within the boundary - of the parking meter zone as set forth in Section 10 .60 .030 six months after re- ceipt of notification from the Department of Public Works, Division of Highways of the state of California of their rescinding their approval to the ordinance codified herein. (Ord. 609. (part) , -1954) . Chapter 10. 64 METERS--INSTALLATION Sections: 10.64.010 Approval meters. 10 . 64.020 Signs indicating meter type. 10 . 64. 030 Sign locations . 10 .64. 040 Markings indicating meter space. 10 .64. 050 Vehicle position within lines . 10 . 64. 060 Improper parking. 10 . 64.070 Proper functioning. 10:64 . 080 Adjusting meters . 10 . 64.010 Approval meters . The director, when direc- ted by the council, shall cause to be installed upon such streets or portions. thereof or city owned or leased land with- in the parking meter zones , adjacent to each designated parking space, such parking meters as shall have been ap- proved by the council. (Ord. 1491 (part) , 1969 : Ord. 1490 (part) , 1969 : Ord. 690 (part) , -1958 : Ord. 582 (part) , 1952 : Ord. 496 (part) , 1946) . 10. 64. 020 Signs indicating meter type. It is the duty of the department of public works to maintain signs in the various areas within the parking meter zones , indicating the type of meter there installed and the days and hours which the parking meters are in operation. (Ord. 1491 (part) , 1969 : Ord. 1490 (part) , . 1969) . 314 10,. 64. 030--10.6.4. 080 10. 64. 030 Sign locations. Signs as mentioned in Sec- tion 10 .64. 020 , may either be on separate posts, painted on the curbs , or fastened to the parking meters , in the discre- tion of the department of public works. (Ord. . 49 - part). , 1969, : Ord. 14.90 (part) , 1969 : Ord. 496 (part), ' 194 1.) 1Q.64. 040 Markings indicating meter_ space. The depart- ment of public works shall have lines or markings painted up- on the curbs , streets or area adjacent to each parking meter, designating the parking space for which the meter- is to be used. (Or. . 1491 (part) , 1969 : Ord. 1490 (part). , 19,69 ; Ord: 6,9.0 (part) ; :.1958) 10 .64.050 Vehicle position within lines . Each vehicie parked adjacent to any parking meter shall be parked within said lines or markings . (O,rd.' 496 (part) , 19:46.) . 10.64: 060. ..Improp.er parking. It is unlawful to, park any vehicle across any, such lines or markings',"r to park a vehicle in such a position that it shall not be entirely, within the space designated by.. such lines"or markings . (Ord. 49.6 (part) , 19.40' )'. 10.64.0.70 Proper functioning. Each parking meter shall be so designed that-' the deposit of a coin or coins will set i the mechanism of the meter in motion o.r permit the mechanism to be set in motion so that the meter will show the unexpired parking time applicable to the parking space adjacent- to- the meter; and the'.meter, when parking time has expired, shal `s,o indicate. by a visible sign. (Qrd. 582 (part) ,. 19.52 Qrd. 49.6 (part) , 19.46) . 10.64.080 Adjusting meters . Parking_ meters when in- stalled and properly operated shall' be so adjusted as to, show legal parking as follows : (A) Twelve Minute Meter. To show legal parking during a period of twelve minutes upon and after the deposit there- in of a United States one cent coin. (B) Sixty Minute Meter. To show, legal parking during a period of twelve minutes from and� after 'the deposit there- in of a United States one cent coin, twkw-enty-four minutes, up.- on and after the deposit therein of two United States one cent coins, thirty.-six minutes upon and after the deposit therein of three United States one cent coins , forty .eight minutes upon and after the deposit therein_ of four United States one cent coins , sixty minutes, upon and after the de- posit- therein of five United States one cent coins , or one United States five cent coin. (C) One. Hundred and Twenty Minute Meter. To show legal parking during a period of twelve minutes from and after ;the 315 10. 68 . 010 deposit therein of a United States one cent coin, twenty-four --�' minutes upon and after the deposit therein of two United States one cent coins , thirty-six minutes upon and after the deposit therein of three United States one cent coins , forty-eight minutes upon and after the deposit therein of four .United States one cent coins , sixty minutes upon and after the de- posit therein of five United States one cent coins , or one United States five cent coin, and one hundred twenty minutes from and after the deposit therein of five United States one cent coins and one United States five cent coin, or two United States five cent coins, or _two United States five-cent coins. (D) Twelve Hour Meter. Twelve hour meter to show legal parking during the period of one hour upon and after the de- posit therein of one United States twenty-five cent coin, thereafter said meter to show legal parking during a period of one additional hour for each United States twenty-five cent coin deposited therein. (E) Payments. Payments for the aforesaid amounts for the above periods shall be made for parking in the areas in the parking meter zone set forth hereinafter in accordance with the type of meter Anstalled at each parking space . (Ord. 1371, 1967 : Ord. 690 (part) , 1958 : Ord. 496 (part) , 1946) . Chapter 10 .68 METERS--USE Sections : 10 .68. 010 Coin deposit required. 10. 68.020 Overtime parking--Business zones. 10 . 68.030 Overtime parking--Residential zones . 10 .6.8. 040 Overtime parking--Recreational zones. 10 .68. 050 Coin deposit--Exception. 10 .68.060 Slugs . 10 .68. 070 Tampering with meters . 10 .68. 080 Parking permits. 10 .68. 090 Other regulations applicable . 10 .68. 010 Coin deposit required. No person shall park any vehicle in any parking space (except as otherwise permit- ted in this chapter) without immediately depositing in the parking meter adjacent to said space such lawful coin or coins of the United States as are required by such meter and designated by directions on the meter, and when required by directions on the meter, setting in operation the timing mechanism thereof, in accordance with said directions , unless the parking meter indicates at the time such vehicle is park- ed that an unexpired portion remains of the period for which 316 10. 68. 020�-10. 68. 060 a coin or coins has. been previously deposited. (Ord. 582 (part) , 1952 : Ord. 496 (part) , 1928) . 10 .68. 020 Overtime parking--Business- zones . No person, except as otherwise provided in this chapter , shall cause , permit; allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the city council as a business zone , during any time when the parking, meter adjacent to such parking space indicates that no portion remains of the period of time for which a coin or coins have been deposited or beyond the time park ing in such place is otherwise permitted or limited. (Ord. 1500 (part) , 1969) . 10 .68. 030 Overtime parking--Residential zones . No per- son, except as otherwise provided in this chapter, shall cause , permit, allow or 'suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the city council as a residential zone, during any time when the parking meter adjacent to such parking space indicates that no portion remains of the period of time for which a coin or coins have been .desposited or beyond the time park- ing - in such place is otherwise permitted or limited. (Ord. 1500 (part.) , 1969) . 10 .68. 040 Overtime parking--Recreational zones . No person, except as otherwise provided- in. this chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any park- ing space in a parking meter zone, designated by resolution of the city council as a recreational zone , during any time when the parking meter adjacent to such parking space indi- cates that no portion remains of the period of time for which a coin or coins have been deposited or beyond the time park- ing in such place is otherwise permitted or limited. (Ord. 1500 (part) , 1969) . 10 . 68.050 Coin deposit--Exception. A vehicle may be parked and remain parked in ,a parking meter space without the deposit of any coin in the parking meter adjacent thereto during hours other than those designated by resolution of the council as hours during which such deposits are required. (Ord. 582 (part) , 1952 : Ord. 496 (part) , 1928) 10 .68.060 Slugs. It is unlawful to deposit or cause to be deposited in any parking meter any slug, device or metal- lic substitute for a one cent or a five cent or' a twenty-five cent coin of the United States . (Ord. 496 (part) , 1928) . 317 10 . 68. 070--10. 68 . 090 10 . 68. 070 Tampering with meters . It is unlawful for any unauthorized person to open, or for any person to deface , injure, tamper with, or wilfully break, destroy of impair the usefulness of any parking meter installed pursuant to this chapter, or to hitch any animals thereto. (Ord. 496 (part) , 1928) . 10 . 68.080 Parking permits. Notwithstanding any other provision of this code, there is established a system of per- mit parking subject to the following standards and provisions : (A) A nontransferable parking permit for a fee of fif- teen dollars shall be' issued to cover a calendar year. Such parking permit or decal , when affixed to the front windshield of a vehicle within a seven inch square in the lower corner farthest removed from the driver's position, shall authorize the parking of said vehicle in any posted or metered residen- tial parking area in the city, as such residential parking areas have been, or may be hereinafter, established by reso- lution of the city council, without the deposit of coins in a parking meter adjacent to a metered parking space. Such parking permit shall not, however, establish any priority for parking space, and no vehicle shall remain parked in such parking space in excess of twenty-four hours . (B) Parking permits or decals shall be issued for one Vehicle only and shall not be transferable to any other per- son or vehicle except -in those cases where the vehicle for which the permit has been issued has been disposed of and a substitute vehicle acquired. Such permit shall be transfer- able to such substitute vehicle upon presentation of the old permit together with a transfer fee of one dollar. (C) Where more than one vehicle is owned, upon payment . of the basic fee of fifteen dollars , additional permits for additional vehicles of the same registered owner may be pur-_ chased for the sum of five dollars . (D) The director of harbors and beaches shall est.ab lish the necessary procedure for the sale of annual parking permits . Such permits shall be appropriately designed and dated to indicate the appropriate year during which such per- mit is valid, and the area in which the owner of the permit is entitled to park. (Ord. 1720 (part) , 1972) . 10 .68.090 Other regulations applicable . No provision of. this chapter shall be construed as permitting. any viola- tion of any other parking regulation of this code. (Ord. 1720 (part) , 1972) . i 318 10. 72. 010-10-.72. 040 Chapter 10 . 72 DRIVING RULES Sections ,i 10, 72 .010 Driving through funeral processions . 10. 72.020 Clinging to moving vehicle. 10 . 72. 030 Commercial vehicles using private driveways . 10 . 72 .040 Riding or driving on sidewalk. 10 . 72. 050 New 'pavement and marking. 10. 72 . 060 Obedience to barriers and signs . 10 . 72.070 Obstructing intersection -traffic: 10 . 72 .010 Driving through funeral processions . No op- perator of any vehicle shall drive between the vehicles coin prising a funeral procession or a parade , provided that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such fu- neral procession or parade wishes to pass shall be subject to the orders of the police department.: (Ord. 1157 (part) ; 1965 : Ord. 322 (part) , 1928) . 10. 72 . 020 Clinging to moving vehicle. No person shall attach himself with his hands , or catch on, or hold on with his hands or by other means , to any moving vehicle or train for the purpose of receiving motive power therefrom. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 72.030 Commercial vehicles-using private driveways . A No person shall operate or drive a commercial ve- hicle in, on or across any private driveway approach or side- walk area or the driveway itself without the consent of the owner or occupant of the property , if a sign or markings are in place indicating that the use of such driveway is prohibited. (B) For the purpose of this section a commercial ve= hicle means a vehicle having a rated capacity in excess of one-half ton. (Ord. 1157 (part) ,. 1965) . 10 . 72.040 Riding or driving on sidewalk. No person shall ride, drive , propel or cause to be propelled any ve= hicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded ve- hicle across a sidewalk; provided further, that the side- walk area be substantially protected by wooden planks two inches thick, and. written permission be previously obtained from the director of public works. Such wooden planks shall 319 10. 72. 050--10. 76. 020 not be permitted to remain upon such sidewalk area during the hours from six p.m. to six a.m. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 72. 050 New pavement and markings . No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted markings in any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when any such device is in place indicating that the street or any portion thereof is closed. (Ord. 1157 (part) , 1965) . 10 . 72.06.0 Obedience to barriers and signs. No person, public utility or department in the city s Tall erect or place any barrier or sign on any street unless of a type approved by the director of public works or disobey the instructions , remove, tamper with or destroy any barrier or sign lawfully placed on any street by any person, public utility or by any department of this city. (Ord. 1157 (part) , 1965) . 10 . 72.070 Obstructing intersection traffic. No opera- tor of" any vehicle shall enter any "intersection 'or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles , or pedestrians , notwithstanding any traffic con- trol signal indication to proceed. (Ord. 1157 (part) , 1965) . Chapter 10 .76 TRAINS Sections : . 10 . 76.010 Railway gates . '10 .76 .020 Blocking crossings. 10 . 76 .010 Railway gates. No person shall drive any ve- hicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. (Ord. 1157 (part) , 1965) . 10 . 76. 020 Blocking crossings. No person shall cause or permit any railway train or railway cars or similar ve- hicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purpose of travel for a period of time longer than ten minutes , ex- cept that this provision- shall not apply to railway trains , 320 10 .80.010=-10. 80.020 cars or similar vehicles on rails while blocking or obstruc- ting a crossing because .of an accident which requires the operator of the -'train', car or similar vehicle on rails to stop at or near the scene of the accident . (Ord. 1157, 8/65) . Chapter 10. 80 PEDESTRIAN..CROSSWALKS Sections: 10. 80. 010 Crosswalks--Established. 10. 80 . 020 When use required. 10.80.. 010 Crosswalks--Established. The director of public works shall establish, designate and maintain crosswalks at intersections and. other places by appropriate devices, marks or lines upon the surface of the roadway as follows : (a) Crosswalks shall be established and maintained at all intersections within the central traffic district and at such intersections outside such district, acid at other. places within or Ioutside said district where the director of public' works determines that there' is particular hazard to pedestrians. cross- ing the roadway subject to the limitation contained in (b) of this section. (b ) Other than crosswalks at the intersections , no cross- walk shall be established in any block which is less than four hundred (400) feet in length and such crosswalk shall be located as nearly as practicable at midblock. (c ) The director of public works may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated. (d) The director of public works may place signs adjacent to- a roadway, due to traffic hazard, which will prohibit pedes- trians from crossing at .other than crosswalks : (Ord: 12il% 6/66; Ord. 322, 12/28) . 10680 . 020 When use required. No pedestrians shall cross a roadway other than at a crosswalk in the central traffic district or in any business district : No pedestrian shall cross a road" way other than at a crosswalk when there are official signs posted prohibiting such a movement. (Ord. 1211, 6/66; Ord: 322, 12/28) . Chap te.r .10. 8.4. . BICYCLE. REGULATIONS Sections : 10. 84. 005 Definitions . 10. 84 .010 License and registration required. 321 10. 84.005 Sections: (Continued) J 10. 84. 015 Licensing--City residents only. 10. 84. 020 Registration--Application. 10. 84. 025 Licensee--Change of address . 10. 84, 030 Identification card issuance. 10. 84. 040 identification. 10. 84. 050 License--Police records kept. 10. 84 . 060 Registration and card fees. 10. 84. 070 Sale or transfer. 10. 8.4. 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. 8'4. 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 Parking. 10. 84. 200 Riding on pier prohibited. 10. 84. 216 Bicycle lanes and paths established. 10. 84. 220 Implementing establishment of bicycle lanes and paths . J 10. 84. 230 Bicycle . lanes--Markings and erection of signs . 10. 84 . 240 Bicycles required to be operated within bicycle lanes. 10. 84. 250 Direction of travel. 10. 84. 260 Walking bicycles. 10. 84. 270 Vehicular traffic in bicycle lanes or paths . 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 and . pedestrians that has been physically separated from a roadway. (c) "Bicycle" .is a device upon which any person may ride, propelled by human. power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrange- ment , with a frame size of at least fourteen (14) inches and j wheels of at least twenty (20) inches in diameter. (d) "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of j vehicular travel. Highway includes street. 322 s 10. 84. Oio--lo. 84. o3o (e ) -"Roadway" is that portion of a highway improved, r designed, or ordinarily used for vehicular travel. (f) ."Chief of police" shall include his designated repre- sentative. (Ord. 19692 17 Apr 75; Ord. 1913, 5/74) 10. 84. 010 License and registration required. No person, residing in 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 o..f .this code,. as .per Section 39002 of.- the California Vehicle Code. (Ord. 1969 , 17 Apr 75; Ord. 1784, 11/72; Ord. 7363, 11/59; Ord. 432, 12/39) . 10. 84 . 015 Licensing--City residents only. The city and each licensing agency shall license bicycles for persons resid- ing within this city only. All other applicants shall be referred to their respective city or ,jurisdiction of residen- cy. .(Ord. 1969, 17 Apr 75) . 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.- (Ord. 1969, 17 Apr 75; Ord. 1754, 11/72; Ord. 432 ' 12/39) . 10. 84. 025 Licensee--Change of address. Whenever any bicycle licensee changes his place of residence, he shall notify the chief of police of such change of address within ten (10) days. There shall be no charge for said change of address . (Ord. 1969, 17 Apr 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 shall expire on the third December 31.st subsequent to the .calendar year in which such license tag is issued. (Ord. 1969 , 17 Apr 75; Ord. 1784, 11/72; Ord. 432, 12139 ) . v 323 10. 84. 040--10. 84 . 070 10. 84 . 040 identification 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 perma- nent license tag bearing the unique number permanently 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. (Ord. 1969, 17 Apr 75; Ord. 1784, 11/72; Ord. 736, 11/59; Ord. 432, 12/39) . 10. 84. 050 License--Police kept. The chief of police shall keep a record of the registration and the date of ex- piration 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. (Ord. 1969, 17 Apr 75; Ord. 1784, 11/72; Ord. .432, 12/39) . 10. 84 . 060 Registration and card fees . The fees required to be paid pursuant to this chapter are: (a) For new license and registration, the sum of Three Dollars ($3) as per Section 10. 84. 030. (b ) For each transfer of ownership, which requires a new registration card, the sum of One Dollar ($1) . (c) For reissue of registration card or license. tag lost , stolen, destroyed, mutilated or illegible, the sum of One Dollar ($1) . (Ord. 1969, 17 Apr 75; Ord. 1784, 11/72; Ord. 736, 11/59; Ord. 432, 12/39 ) . 10. 84. 070 Sale or transfer. Whenever any person sells, trades, disposes of or transfers any bicycle registered pursuant to the provisions of this chapter, he shall endorse upon the registration card heretofore issued for such bicycle, a written transfer of same, setting forth the name and address of the transferee, the date of transfer and the signature of the transferor, and shall deliver such registration card so endorsed to such transferee at the time of the transfer. Such transferee shall immediately notify the chief of police of such transfer and shall apply for a new registration card within ten (10) days . For such transfer of registration, the transferee shall' furnish his name and address, and transferor's registration card, and upon payment of the transfer fee, the chief of police shall issue a new registration card for such bicycle. The chief of police- shall enter such transfer in his records pursuant to Section 10. 84. 050 hereof. (Ord. 1969, 17 Apr 75; Ord. 1784, 11/72; Ord. 736, 11/59; Ord. 432, 12/39) • 324 i 10. 84. 080--10. 84.120 . •r 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 orrented, 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 depart- ment , 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. (Ord. 1969, 17 Apr 75; Ord. 17843 11/72; Ord. 432, 12/39) • 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 pay- ment 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. (Ord. 1784 , 11/72; Ord. 736, 11/59; Ord. 4323 12/39) . 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. (Ord. 1784, 11/72; Ord. 432, 12/39) • 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. (Ord: 1784, 11/72) . 10. 84. 120 Impounding--Parked bicycles. No person shall park or leave a bicycle in the area between Pacific Coast i Highway and the mean high tide-. line of the Pacific Ocean in a mariner so as to block or impede any road, vehicle route, 325 10. 84. 130--10.84 . 170 walkway or path, or so as to block or impede ingress or egress from any building, stair, pier or bridge. Any bicycle so . parked or left may be ; impounded by the department of harbors and beaches or by the .department of police, and may be held until the sum of Five Dollars ($5) has been collected to defray the cost of impound. (Ord. 1913, 5/74; Ord. 1794, 11/72 ) . 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 Sec- tions 2. 96. 010- through 2.96. 070 of this code. (Ord. 1913, 5/74; Ord. 1734, 11/72) . 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 . (Ord. 1913, 5/74; Ord. .1734, 11/72) . 10. 84. 150 Impounding--Provisions enforcement. The chief of police shall have the right to impound and retain possession of any bicycle being operated in violation of the provisions of Sections 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. (Ord. 1969, 17 Apr 75; Ord. 1913, 5/74; Ord. 1734, 11/72) . 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 over- crossing. (Ord. 1913, 5/74; Ord. 1784, 11/72; Ord. 322, 12/28; Ord. 22, 8/09) . 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. (Ord. 1913, 5/74; Ord. 1784, 11/72; Ord. 22, 8/09 ) . J 326 10. 84. 180--1.0. 84.240 10. 84.180 Riding in group. Persons operating bicycles on a bicycle lane or path. shall not ride more than two (2) abreast . (Ord. 1913, 5/74; Ord. 1784, 11/72) . 10. 84.190 Parking. No person shall park a bicycle upon a street other than against the curb, - or upon a sidewalk other than in a rack or against a building. (Ord. 1913, 5/74; Ord. 1784, 11/72) . 10. 84. 200 Riding on pier prohibited. No person shall ride.:or. poss:ess . any bicycle or any .similar type vehicle upon the municipal pier at any time. (Ord. 1913, 5/74; Ord. 1784, 11/72; Ord. 544, 11/49; Ord. 344, 9/31) . 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. (Ord. 1913, 5/74; Ord. 1734., 11/72) . 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. (Ord. 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 four (4) inch wide, reflectorized, green and white, dashed line, or in such other manner as the traffic engineer shall determine will provide sufficient notice of the existence of such bicycle lane. (Ord. 1913 , 5/74) . 10. 84. 240 Bicycles required to be operated within bicycle lanes . No person shall ride or operate -a bicycle upon a roadway adjacent to bicycle lanes which have been designated. .. (Ord. 1913, 5/74) 326-1 10. 84. 250--10. 88. 010 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 travelling on the same side of the roadway; provided that bicycles may proceed either way along a lane or path where arrows appear on the surface of. the lane designating two-way traffic. (Ord. 1913, 5/7.4) . 1.0. 84. 260 Walking bicycles . Bicycles may be walked subject to all provisions of law applicable to pedestrians . (Ord. 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 upon or across a bicycle lane except after giving the right-of-way to all bicycles operated within the lane. (Ord. 1913, 5/74) . 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, upon a conviction thereof, be guilty of .an infraction, and punishable by a fine not to exceed' One Hundred Dollars ($100) . (Ord. 1913, 5/74) . Chapter 10. 88 SELF-PROPELLED WHEELCHAIRS AND INVALID TRICYCLES Sections: 10. 88. 010 Chapter applicability. 10. 88. 020 . Operator's permit--Required. 10. 88. 030 Permit--Application. 10. 88. 040 Permit--Certificate of physical qualifications . 10. 88. 050 Evidence of disability. 10. 88. 060 Registration of vehicles. 10. 88. 070 Vehicles--Safety inspection. 10. 88. 080 Vehicles--Inspection--Decal. 10. 88. 090 Maximum speed limit. 10. 88. 100 Right-of-way. 10. 88. 110 Minimum distance from buildings. 10. 88.120 Parking on sidewalks. 10. 88. 130 Violation--Misdemeanor. 10. 88. 010 Chapter applicability. The regulations and controls set forth in this. chapter shall apply only to operators and vehicles while upon the sidewalks of the .city. (Ord. 1003, 9/63; Ord. 322, 12/28) . 326-2 10. 88. 020--10. 88. 090 10 . 88. 020 .Operator' s permit--Required. No person shall operate any battery operated vehicle upon the sidewalks of the city without first obtaining an operator' s permit from the city police department . Such permit shall be issued only when the chief .of police, or his designated subordinate, is satisfied that. requirements of this chapter are met. (Ord. 1003, 9/63; Ord. 322, 12/28) . 10. 88. 030 Permit--Application. Application for said permits may be obtained and filed with the police department . (Ord. 1003, 9/63; Ord. 322, 12/28) . - -- - 10. 88. 040 Permit--Certificate of physical qualifications-. Any application for such permit shall be accompanied by a certificate of physical qualification setting forth the appli- cant 's physical qualifications to operate such a vehicle to be completed and signed by a medical doctor. Blank certificates may be obtained from the police department . (Ord. 1003, 9/63; Ord. .322, 12/28) . 10. 88. 050 Permit--Evidence of disability. Any applica- tions for such permits shall also be accompanied by sufficient evidence to satisfy the chief of police, .or his designated subordinate, that the applicant is incapable of the physical exertion necessary to walk upon the sidewalks so as to conduct normal business and social activities . (Ord. 1003, 9/63; Ord. 3223 12/28) . 10. 88. 060 Registration of vehicles . All battery operated vehicles known as self-propelled wheelchairs or invalid tri- cycles -which are operated upon the sidewalks of the city shall be registered with the city police department . (Ord. 1003, . 9/63; Ord. 322, 12/28) . 10. 88.-070 Vehicles--Safety inspection. No battery operated vehicle shall be permitted to operate upon the sidewalks of the city until said vehicle has received a safety inspection by the police department and has received a decal indicating it complied with all safety requirements, as established by the chief of police. (Ord. 1003, 9/63; Ord. 322, 12/28) . 10. 88. 080 Vehicles--Inspection--Decal. The safety inspec- tion decal shall be displayed in a prominent place upon the vehicle at all times and be of such color and design to be easily seen by pedestrians. (Ord. 1003, 9/63; Ord. 322, 12/28) . 10. 88. 090 Maximum speed limit. The maximum speed limit for all battery operated. vehicles upon the sidewalks of the 327 10. 88. 100--10. 88.130 city. shall be three (3) miles per hour. (Ord. 1003, 9/63; Ord. 322, 12/28) . , 10. 88. 100 Right-of-way. The operators of battery operated vehicles upon the sidewalks of,. the city shall. at all times yield the right-of-way to pedestrians. (Ord. 1003, 9/63; Ord. 322, 12/28) . 10. 88. 110 Minimum distance from buildings. All battery operated vehicles driven upon the sidewalks of the city shall, during. their operation, maintain at least five (5 ) foot clearance from all buildings. (Ord. 1003, 9/63; Ord. 322, .12/28) . 10. 88. 120 Parking on sidewalks. No person shall stop, park or leave standing, whether attended or unattended, any self-propelled wheelchair or invalid tricycle upon the side- walks of the city in such a position as to obstruct the complete width of the sidewalk. (Ord. 1003, 9/63; Ord. 322, 12/28) . 10. 88. 130 Violation--Misdemeanor. Any person who violates or fails to comply with the provisions of this chapter is guilty of a misdemeanor. (Ord. 1003, 9/63; Ord. 322, 12/28) . 328 a Title 11 (RESERVED) 329 12. 04. 010--12.04. 020 i ti Title 12 STREETS .AND SIDEWALKS Chapters : 12. 04 Datum Plane 12.08 House Numbers 12. 12 Street Work Generally 12. 16 Repaving Streets 32. 20 Utility Structures 12. 24 Warning Lights--Barricades 12.28 Sidewalks--Maintenance 12. 32 Sidewalks--Obstructin 32. 36 Benc es Chapter 12.04 DATUM PLANE : Sections : 0 12. 04.010 Established. 12 .04. 020 , Bench mark established. 12.. 04.010 Established. The horizontal plane at the elevation of low tide of the Pacific Ocean, being the zero elevation used by the United States Coast and Geodetic Survey in this vicinity, is fixed and established as the datum plane of this city, from which to measure and calculate the ele- vation- for grades of the avenues and streets of this city, and" for other purposes . (Ord. 33 (part) , 1909) . 12. 04. 020 Bench mark established. The top of the head of that certain iron bolt in the curb at the northerly cor- ner of Ocean Avenue and Main Street in this city is estab- lished as the official bench mark.-of this city and is de- clared to be 30. 18 feet above the datum plane. (Ord. 33 (part) , 1909) . 331 12. 08. 010--12. 08. 060 Chapter 12.08 HOUSE NUMBERS Sections : 12.08.010 Prescribed. 12 .08.020 Location of numbers . 12. 08. 030 Size of numerals. 12. 08. 040 Designation of numbers . 12. 08. 050 Determination of number. 12. 08. 060 Numbers west of railway. 12 .08. 070 Numbers east of railway. 12. 08.080 Initial even numbers . 12.08. 090 Initial odd numbers . 12. 08. 100 Progression west .of railway. 12. 08. 110 Progression east of railway. 12. 08. 120 Ratio of numbers to frontage. 12. 08. 130 Wide lots. 12. 08. 140 Determination of hundreds--East of railway. 12. 08. 150 Determination of hundreds--West of railway. 12. 08. 160 Irregular numbers . 12.08. 170 Violation--Misdemeanor. 12 .08. 010 Prescribed. All entrances from the public streets or highways of this city to buildings shall be num- bered as hereinafter provided and not otherwise. (Ord. 82 (part) , 1911) . 12 .08. 020 Location of numbers . The number of each and every entrance shall be placed upon or immediately above the door or gate closing such entrance. (Ord.. 82 (part) , 1911) . 12. 08.030 Size of numerals . Each figure of said num- bers shall be at. least two inches in height and of corres- ponding width. (Ord. 82 (part) , 1911) . 12. 08.040 Designation of numbers . It shall be- the duty of the city engineer to .designate the respective numbers for buildings in this city, on request. (Ord. 82 (part) , 1911) . 12. 08. 050 Determination of number. The location of the doorway of the building shall determine the number to be used. (Ord. 82 (part) , 1911) . 12 . 08. 060 Numbers west of railway. In all parts of the city lying west. of the right-of-way of the Southern Pa- cific Railway Company, buildings shall be numbered as follows : vrr►{ 332 12 .08.070--12.08. 130 _ f (a) Even Numbers .. On the northeast side of avenues and on the southeast side of- streets, even numbers shall be used. (b) Odd Numbers . On the southwest side of avenues and on the northwest side of streets , odd numbers shall be used. (Ord. 124, 4/14 ; Ord. 82, 8/11) . 12. 08. 070 Numbers east of railway. In all parts of the city lying east of the right-of-way of the Southern Pacific Railway Company, buildings shall be numbered as follows : (a) Even Numbers . . On the east side of avenues and on ,the south side of streets, even numbers shall be used. (b) Odd Numbers . On the west side of avenues and on the north side of streets, odd .numbers shall be: used. (Ord. 124 , 4/14; Ord. 82, 8/11) . .12. 08. 080 Initial even numbers . . The even numbers in each block shall begin .with a number having two for its .unit number and having zero for its ten part. (Ord. 124., 4/14; Ord. 82, 8/11) . 12. 08. 090 Initial odd . numbers-. ' The odd numbers in each block shall begin with, a number having one for its unit number, and having zero for its ten part. (Ord. 124, 4/14; Ord. 82, 8/11) . 12. 08. 100 Progression: west of railway . In all parts of the city lying west of the right-of-way of the Southern Pacific Railway Company, numbers. shall increase from . the southeast towards the northwest on avenues and from the southwest towards the northeast on streets . (Ord. 124, 4/14; Ord. 82, 8/11) . 12. 08.110 Progression east of railway . In all parts of the city lying east of the right-of-way of the Southern Pacific Railway Company, numbers shall increase from south towards the north and from west towards the east. (Ord. 1243 4/14 ; Ord. 82, , 8/11) . 12. 08.120 Ratio of numbers to frontage. In all parts of the city, one number shall be allotted to each lot having a frontage of not more than forty feet. (Ord. 124, 4/14; Ord. 82, 8/11) . 12. 08. 130 Wide lots In each lot or parcel of land having a frontage of more than forty feet one number shall be allotted to each twenty-five feet or fraction thereof, of such lot or block. (Ord. 124, 4/14; Ord. 82, 8/11) . 333 12. 08. 140--12. 08.170 12. 08. 140 Determination of hundreds--East of railway . The hundred part of each number shall be determined on the east side of the right-of-way of the Southern Pacific Railroad Company as follows : (a) Avenues and Boulevards . Avenues and boulevards shall be numbered in hundreds according to the hundred num- ber of the respective block numbers at any designated point . (b) Streets . Streets shall be numbered in hundreds according to the tens and units part of the respective block numbers. at any designated point. (Ord. • 82, 8/11) . 12. 08.150 Determination of hundreds--West of railway. The hundred part of each number shall b.e determined on the west side of the right-of-way of the Southern . Pacific Rail- road Company as follows : (a) Avenues . Avenues shall be numbered in hundreds according to the tens and units number of the respective block numbers at any designated points . (b) Streets . Streets shall be numbered in hundreds ac- cording to the hundreds part of the respective block numbers at any designated point. (Ord.. 82, 8/11) . 12. 08. 160 Irregular numbers . In any case not provided for in .this chapter.,- the city engineer shall designate the number to be used. (Ord. 82, 8/11) . 12.08.170 Violation--Misdemeanor. Any person who shall not obtain from the city engineer the number for any building in this city he may own or occupy and place said number as required by this chapter is guilty of a- misdemeanor. (Ord. 124 , 4/14; Ord. 82, 8/11) . Chapter 12. 12 STREET WORK GENERALLY Sections : 12. 12. 010 Erecting utility structures--Authority. 12. 12 .020. Obstructing public way--Permit required. 12 . 12. 050 Construction work--Permit required. 12. 12. 060 Construction work--Permit--Fee. 12 .12. 070 Permit--Franchise holder. 12. 12. 080 . Violation--Nuisance. 12. 12 .090 Construction work--Licensed contractor required. 334 12, 12 .010--12. 12.070 Sections : . (Continued) 12 .12 .100 Construction work--Contractor obtains permit . 12. 12 . 110 Construction work--Permit issuance. 12. 12 .120. Construction work- Supervision and inspection. i. ., 12.130 Construction work--Permit denial--Appeal. 12. 12.'010 Erecting utility structures--Authority. It is unlawful' for--any person, without a 'franQhise :or other au- thority from -the council, to erect any telegraph, telephone, electric light or transmission poles on any walk, street , alley or public place in this city, or to stretch any wires along or across said streets ; or to lay any gas , oil or water pipes; or other pipelines along or across any, streets in the city . (Oral. 292, 12/26; Ord. 19, 6/09) . 12. 12. 0.20' Obstructing public way--Permit required. It is unlawful for 'Any person t'o obstruct- any street, alley, sidewalk or public place; within this city, by placing there- on or therein anybuilding, -stand, -.counter, lunch wagon, wag- on stand, bandstand, structure, building material,. gravel, dirt , excavation or obstruction of any. kind whatsoever, with- out a permit having first been issued therefor as hereinafter provided. (Ord. 19,, 6/09) . 12. 12.050 -Construction work--Permit required. Any person-, firm or corppl%tiori desiring 'to engage' fn any trade or business or to move or construct a building, make repairs or to perform any other work by which it may become necessary to place any such building, stand, counter, lunch wagon, wag- on stand, bandstand, structure, building material, gravel, dirt , excavation or other obstruction upon or in the streets, alleys_ ., sidewalks or public places within this city, must 'first obtain a permit from the superintendent of streets to place any obstruction as hereinabove mentioned upon or in said streets , alleys , sidewalks or public places . (Ord.. 577, 1/52; Ord. 19 , 6/09) . 12. 12 . 060 Construction work--Permit--Fee. The super- _intendent of streets may issue such permit upon the payment of' the sum of Five Dollars ($5 .00) to the city therefor. (Ord. .577, 1/52; Ord. 19 , 6/09) . 12. 12 . 070 Permit--Franchise holder. In the event the person, firm or corporation making such application is the 335 12. 12. 080--12. 12.100 owner or holder of a franchise or reservation of interest in said street, alley, sidewalk or public place to keep or main tain any pipeline, telephone line, or pole system in or- upon any of ,the public streets , alleys, sidewalks or public places of said excavation is for the purpose of connection with sewer, water or gas pipeline by such person, then and in that event, the application and permit may be granted without charge . (Ord. 577, 1/52; Ord. 19, 6/09) . 12. 12. 080 Violation--Nuisance . Any person,. firm or corporation who violates any of the provisions of this chap- ter is guilty of a misdemeanor; and the obstruction so main- tained shall be deemed to be a public nuisance and be treated as such. (Ord. 19, 6/09 ) . 12.12. 090 Construction work--Licensed contractor re- quired. No work of any kind shall be done or performed upon any street, sidewalk, alley, curb, sewer or gutter in the city, except it be done according to specifications adopted by the city council and by .a contractor licensed by the state of California to perform that class of work. (Ord. 745, 1/60) . 12 . 12 .100 Construction work--Contractor obtains permit. Before any work.,mentioned in Section 12.12.090 may be com- menced, the contractor doing such. .work must obtain .a permit to do such •work. (Ord. 745, 1/60) . I (The next page is 337. ) I ,I 336 12.12.110--12. 16.010 12. 12.. 110 Permit. Issuance . The superintendent of otreets may issue such permit upon the payment of the sum of Ten Dollars ($10) , or the sum calculated upon the following• schedule, if said -calculated sum exceeds Ten Dollars ($.10) : .(a) Driveway. - 3� per square foot (b) Sidewalk - 3j per square foot . (c) Pavement - - 3,6 per square foot (d) Curb or curb and gutter 15ix� per lineal foot (e) Cross gutter - 5r4, per square foot (f) Alley gutter 5,6 per square- foot (g) . Manholes and catch basins - Twenty. Dollars ($20) each . (h) Trees - Five. Dollars ($5) each (i) Landscape and irrigation 54 per 'square foot (J ) Sewer - 30rd per lineal foot (k) Water 30rd per- lineal foot (1) Utilities and oil lines - 20,6 per lineal foot (m) ' Storm .drains - One Dollar ($1) _ per lineal foot (Ord. 1903, 3/74 ; Ord. 998, 9/63; Ord. . 745, 1/60) . 12. 12.120 Construction work--Supervisi.oh and inspection. The work shall be done then under the inspection and supervi- sion of the superintendent of streets of the city, and the- superintendent of streets shall have and is granted authority to prevent the performance or doing ofany of the said work mentioned in. Section 12 .12.090-2 unless: the work be done in accordance with the provisions of this chapter. (Ord. 745, 1/60 . ) 12 .12. 130 Construction work--Permit denial--Appeal. In the event the street superintendent . refuses for any rea- son to issue a permit, the applicant may petition the city council, in writing, for a hearing to' consider said request. (Ord. 745 , 1/60 . ) Chapter 12. 16 REPAVING STREETS Sections : 12. 16. 010 Payment to replace surface . 12.16 . 040 Deposit fee--Persons who conform. 12. 16. 050 Deposit fee--Disposition .of proceeds. 12. 16. 060 Diligent completion and restoration required. 12-. 16 . 010 Payment - to replace surface . Each person, .firm or corporation having authority from the council to cut, remove , excavate in, upon or along any pavement of improved street , alley , sidewalk, curb or other public place in this city and/or to cut , remove or excavate in, upon or along any 337 12. 16.010--12.16 .050 unimproved dirt or oiled street, lane or alley or other . unimproved-' public place in the city shall, upon and at the time of making application to the superintendent of streets for permit to so cut in, upon, across or along, or remove, excavate or obstruct any such paved or improved street, curb , sidewalk, alley or other improved public place , pay in lawful money of the United States to this city a sum for each and every square foot and fraction thereof of all such paving, street, curb , sidewalk, alley or other- improved public place and/or for each square foot of any unimproved dirt or oiled street , lane, alley or other unimproved pub-lic place proposed to be cut or removed as contained in the statement thereof set forth in said applica- tion, for the purpose of repairing the damage to. said paving, curb , sidewalk or other public places, as herein .provided. Said sum of money shall be calculated according to the following schedule : (a) Paved, improved surface . For paved or improved streets , sidewalks , curbs , alleys or other improved public places in the city, said sum shall be as follows : . (1) Not over fifty square feet . Fifty (50) square feet or 1ess , 'One Dollar and Twenty-five Cents ($1.25) per square .foot . (2) Fifty to two hundred fifty square feet. More than fifty (50 ) .square feet, up to and including two hundred fifty (250) square feet, One Dollar ($1) . (3) ' Over two. hundred fifty square feet . In excess of two hundred fifty (250). square feet, Seventy Cents (70r6) per square .foot. (b) Unimproved surface. For unimproved dirt or oiled streets , lanes , alleys or other unimproved public places in this city , said sum shall be as follows : (1) Dirt surface . Dirt street, lane , alley or other unimproved public place, Twenty Cents (20jd) per square foot . (2) Oiled surface . Oiled street, lane, alley or other unimproved public place, Seventy Cents (70rd) per square foot . (Ord. 1903, 3/74 ; Ord. 577, 1/52; Ord. 19, 6/09 . ) 12 .16..040 Deposit fee Persons who conform. The above schedule shall .apply to all persons, firms or corporations alike who make application to obstruct , cut, remove or ex- cavate in, upon, across or along any improved or paved street , alley, sidewalk, curb or other public place within this city and/or any unimproved dirt or oiled street, land, alley or other public place within the city. (Ord. 577, 1/52; Ord. 19 6/09 . ) 12 . 16. 050 Deposit fee--Disposition of proceeds. All money so paid shall be deposited by the council in such fund as - the council may direct. (Ord. 577, 1/52; Ord. 19, 6/09 . ) 338 12.-16. 060--12. 20. 040 12. 16 .060 Diligent completion and :restoration required. Any such person, firm or corporation obtaining such permit for the purpose. of moving, constructing a. building, digging or excavating, or making repairs , shall proceed with the moving, constructing, excavating or digging; or other work for which the building material, dirt or other obstruction or excavation is required-, -with all due diligence , and when completed, restore said street; alley, sidewalk or .public. place .to its former condition. (Ord. 577 (part) , 1952 : . Ord. _ 19 (part) , 1909) . Chapter 12. 20 UTILITY STRUCTURES Sections : 12. 20 .010 Compliance. with provisions . . 12 . 20 . 020 Alley use. . 12.2.0 .030 Plans , profiles must be filed and. approved. 12 . 20. 040 Supervision by city engineer. 12 . 2.0 .050 Water mains and laterals . .12 . 20.060 Laying sewers . . 12 . 20 .070 Gas mains and laterals . 12. 20 . 080 Electric conduits. 12. 20 . 090 Laying other conduit .or pipe . 12. 20 . 100 Mains in streets . 12. 20 . 110 Violation--Cancellation .of' franchise. 12 . 20 .010 Compliance with provisions . All sewer, water mains , gas mains , electric conduits, and any other pipe or conduit lines or manholes, ary hereby required to be laid in accordance with the following sections . (Ord. 103 (part) , 1912) . 12. 20 . 020 Alley use. Alleys shall be used for all pipes , conduits,. mains and. manholes , where possible. - (Ord. 103 (part) , 1912) . 1.2. 20. 030 Plans , profiles must be filed and approved. Plans and profiles for the same , showing location, depth and size , shall be filed with the city engineer in the office of the city clerk for record, and approved by the council be- fore work is commenced. (Ord. 103 (part) , 1912) . 12. 20. 040 Supervision by city engineer. All of the work shall be constructed and built under the supervision and direction of, and to the satisfaction of, the city en- gineer. (Ord. 103 (part) , 1912) . 1 339 12. 20. 050--12. 20.110 12. 20 . 050 Water mains and laterals . Water mains and laterals shall be laid with their center lines in the center lines of alleys or streets . (Ord. 103 (part) , 1912) . 12 . 20 . 060' Laying sewers . Sewers shall be laid with their center lines three feet southwest in northwest streets and. alleys , and three feet northwest in northeast streets and alleys , and three feet south in east-and-west streets and alleys , and three feet west in north-and-south streets And alleys , measured from the center lines of said streets and alleys . .(Ord. 103 (part) , 1912) . 12. 20 .070 Gas mains and laterals . Gas mains -and lat- erals shall be laid with their center lines three feet from the center lines of streets and alleys on the opposite side from sewers . (Ord. 103 (part) , 1912) . 12 . 20 .080 Electric conduits. Electric conduits shall be laid with their center lines five feet from the center lines of streets and alleys , and on the same side as sewers. (Ord. 103 (part) , 1912) . 12 . 20 .090 Laying other conduit or pipe . Any other con- duit or pipe shall be laid so that the center line will .be five feet from the- center line of the street or alley, and on the same side as . the gas mains and laterals. (Ord. .103 (part) , 1912) . 12. 20 . 100 Mains in streets . Where mains must be run in streets , on account of there being no alleys available , special locations for the lines on either or both sides there- of, or in the parking strip of the sidewalk, may be made by permission of the city engineer and the council. (Ord. 103 (part) , 1912) . 12. 20 . 110 Violation--Cancellation of franchise . Any person holding a franchise in this city for the purpose of conducting any public utility, who shall be guilty .of the violation of any of the provisions of this chapter, shall, in addition to other penalties , be subject to have any such franchise cancelled and annulled by the council. (Ord. 103 (part) , 1912) 340 12: 2.4. 010- 12 24. 626 Ale Chapter _12. 24 WARNING LIGHTS--BARRICADES sections : 12. 24 .010 Required. 12 . 24. 020 City erects-=Fees owed to city. 12. 24. 010 Required. It shall bE; the duty of every per- . . firm or corporation placing or cau"sing to be placed any building; . stand; counter, lunch wagon, wagon stand, bandstand, structure, building material, gravel , ; dirt, excavation" or other obstruction on any street, alley or sidewalk to erect -and maintain barriers , warning flags clnd signs at all times at each end and at intermediate points of such excavation or fill and at such places as may be necessary as adjudged by the director of public works along the excavation fill, walkways and vehicle or pedestrian ways to prevent accident, and also to place and maintain lights' at each end of such excavation. or fill and at distances of not more than fifty feet along the line thereof from sunset each day to sunrise of the next day , until such obstruction is removed. In case of neglect or refusal of such person to do so, the director of public works shall have such necessary barriers Arid lights placed along the line of said obstruction. In such event, the expense of such precautionary action shall be charged to, and collected from; the permittee or contractor according to the following fee schedules (A) Replace or Relocate Warninig Devices . One dollar per barricade or light per day plus labor- and equipment cost: The minimum charge per emergency call=out is twenty-fiVe do!" lars . The contractor or permittee shall replace city owned barricades within forty-eight hours . (B) Repair of Damaged Facilities Which Result in Hazard- ous Conditions. Actual costs for labor, materials and equip- ment plus fifteen percent overhead costs The minimum charge per emergency call-out 'is twenty-five dollars . (Ord. 1362 ; (part) , 1967) . 12. 24. 020- . City erects"-Pees owedto. city. All fees charged shall become a debt in favor of the city and every person liable shall be amenable to action therefor in any court of competent jurisdiction: No action by the city shall be construed as relieving' the person responsible for the existence of any obstruction from any of his obligations under this section. (Ord. 136.2 (part) , 1.967) . 341 12. 28 . 010--12. 28. 030 Chapter 12 . 28 SIDEWALKS--MAINTENANCE Sections : 12. 28.010 Sidewalk defined. 12. 28.020 Property owner abutting. 12 . 28. 030 Excavating permitted. 12 .2.8.040 Rubbish and weeds--Declared nuisance. 12. 28.050 Rubbish and weeds--Notice .to remove. 12. 28. 060 Rubbish and weeds--Notice service. 12 . 28.070 Rubbish and weeds--Notice to nonresident owner. 12 . 28. 080 Rubbish and weeds--Posting notice on premises . 12. 28. 090 Rubbish and weeds--Failure to comply. 12. 28. 100 Rubbish and weeds--City clears area. 12 . 28. 110 Rubbish and weeds--Clearance--Extension of time. 12. 28. 120 Rubbish and .weeds--Removal by city--Statement. 12 . 28. 130 Rubbish and weeds--Removal by city--Collection. 12. 28. 140 Rubbish and weeds--Claim filed with recorder. 12. 28. 150 Rubbish and weeds--Mailing of statement to owner. 12 . 28. 160 Rubbish and weeds--Claim becomes lien--Fore- closure. 12 .28. 170 Violation--Misdemeanor. 12 . 28. 010 Sidewalk defined. In this chapter, "sidewalk" means the strip of land between the curb line of the street and the inside property line, whether covered with a cement walk or not. (Ord. 38 (part) , 1909) . 12 .28.020 Property owner abutting. All persons owning or occupying any real property in this city fronting upon any public ,street, lane or alley of this city, are required ' to keep the sidewalks immediately in front of said property free from weeds and all vegetation growing thereon, except such as may be sown or planted for purposes of ornamentation, and free from dirt, filth, .garbage or rubbish, other than the natural soil of the same , and to keep said sidewalk and said space free from any hole or holes , or any obstructions. dangerous to life or limb. (Ord. 38 (part) , 1909) . 12. 28.030 Excavating permitted. Nothing herein con- tained shall prevent excavating through or across any side- walk where such excavating is. done in accordance with the terms and provisions of any other ordinance of this city, and in accordance with .the regulations therein contained covering the excavation. (Ord. 38 (part)., 1909) . 342 _ j F . 12. 28. 040--.12. 28. 110 ' 12. 28.040 Rubbish and.weeds--Declared nuisance. Any such weeds or rubbish on any such sidewalk is declared to -be a nuisance. (Ord.. 38 (part) , 1909) . 12 . 28.050 Rubbish and weeds--Notice to remove. It shall be the duty of the superintendent of streets to notify the occupants and owners of any premises in this city to re- move, within ten days from the receipt of such' notice., all such weeds and. rubbish from the sidewalks in front thereof, and that upon a failure to do so within said ten days , the council will cause the -weeds and rubbish to be removed at the expense of the owner or occupant. (Ord. 38 (part) , 1909) . 12. 28.060 Rubbish and weeds--Notice service. Such no- tice shall be given in writing, by serving personally upon the occupant (if -there be any occupant) ,: and upon the owner, each a copy of such notice , directed to the occupant (if any) and the owner. (Ord. 38 (part) , 1909) . 12. 28.070. •Rubbish and weeds--Notice to nonresident owner. If. the owner is a nonresident of this city, notice shall. be given by- serving the occuapnt personally and by mail- ing, by- mail, a like copy in. writing to the owner at his last -known address as shown by the last assessment roll of this city. (Ord. 38 (part) , 1909) . 12. 28.080 Rubbish and weeds--Posting notice on premises . If there be no occupant, notice shall be given by posting a copy of the notice in a conspicuous place upon the premises , and serving a copy upon the owner as hereinbefore provided. (Ord.. 38 (part) , 1909) 12. 28. 090 Rubbish and weeds--Failure to comply. If at the expiration of ten days from the sending or service of the notice, the weeds and other rubbish are not removed from the sidewalk, the superintendent of streets shall thereupon re- port the delinquency to the council, with an estimate of the probable. cost of doing the work.. (Ord. 38 (part) , 1909) . 12. 28 . 100 Rubbish and weeds--City clears area. The council must then order the superintendent of streets to do the work at the expense of the owner and occupant of the property, and provide for the temporary payment of the same with city funds . (Ord. 38 (part) , 1909) . 12 . 28. 110 Rubbish and .weeds--Clearance--Extension of - time. The council may, in its discretion, extend the time within which the work must be done. (Ord. 38 (part) , 1909) . 343 12. 28 . 120--12. 28. 170 12. 28. 120 Rubbish and weeds--Removal by city--Statement. At the completion of the work, the superintendent of streets .must prepare a statement of the proceedings , reciting the ex- istence of the nuisance, the description of the property, the names of the owners and occupants , the giving of the notice , the hearing by the council, the making of the order by the council, the doing of the work and the cost thereof, and the manner of making the demand; which statement must be signed and verified by ,the oath of the superintendent of streets . (Ord. 38 (part) , 1909) . 12 . 28. 130 Rubbish and weeds--Removal by city--Collection. The superintendent of streets shall then collect the said amount from the owner and occupant (if any) , who shall be jointly and severally liable. (Ord. 38 (part) , 1909) . 12. 28. 140 Rubbish and weeds--Claim filed with recorder. If the claim is not paid within thirty days from demand by the council, the council may order the statement to be record- ed in the office of .the county recorder of Orange County, California. (Ord. 38 '(part) , 1909) . 12 . 28. 150 Rubbish and weeds--Mailing of statement to owner. If the owner is a nonresident of this city, it shall be a sufficient demand, for the purposes of this chapter, for the superintendent of streets to mail a copy of the statement to the owner. (Ord. 38 (part) , 1909) . 12 . 28. 160 Rubbish and weeds--Claim becomes lien--Fore- closure. The statement, when recorded in the office of the county recorder of Orange County, shall be a lien upon the property described therein, which may be foreclosed by the city .in like manner as liens are foreclosed under the provi- sions of the Code of Civil Procedure of the state of Cali- fornia. - (Ord. 38 (part) , 1909) . 12. 28. 170 Violation--Misdemeanor. Failure to keep the sidewalks clear or clean as provided in Section 12. 28. 020 shall be a violation of this chapter; and for every lot whose sidewalk frontage is so obstructed with rubbish or trash, or overgrown with weeds as set forth in Section 12. 28. 020 there shall be counted a separate violation of this chapter, and that or any other violation of this chapter shall consti- tute a misdemeanor. (Ord. 38 (part) , 1909) . 344 12. 32. 010-=12 321030 i I . I Chapter _12. 32 i SIDEWALKS-=dBSTAUCTING Sectionsi 12. 32. 010 Loitering obstructing free passage. 12. 32.020 Animals or vehicles . 12. 32.030 Signs. 12. 32: 040 Driving over unprotected sidewalk: 12. 32 ::050 Paved- sidewalk crossing excepted. 12. 32.0.10. . .Loiter.in4_ obstructing. free_._passage. No person, after' ffrst being warned by a law enforcement officer, or where a sign or signs have been .posted in. accordance with this chapter; shall loiter, stand; sit or lie in or upon any public. or quasi-public sidewalk; street, curb; crosswalk, walkway area, mall or that portion' of priVate -property uti- lined for public use, so as to hinder Or Obstruct unreasonably the free passage of pedestrians thereon; riot shall any per- son block or obstruct, or preVeht the"' free access to the en- trance to any building open to the public. (Ord. 1625 (part) , 1971 : Ord. 1516 , 1969) . 12,.32. 020_ ..Animals or, vehicles: No person, after first being warned by a law enforcement officer; or where a sign or signs have been. posted ih accordance with the provisions of this chapter, shall ride , operate, walk or park any motor- cycle, horse or other similar object or animal, in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property uti- lized for public use, so as tO hinder or obstruct unreasonably the free passage of pedestrians thereon, or to create any ' hazardous condition thereon. (Ord. 1784 , 1112 : Ord: 1625 (part) , 1971) 12. 32,;bm signs . Signs posted "as provided in this chapter shall .c6hfdkm _to the following requirements : (A) Each sign shall not be less than twenty-two inches by . thirty inches ; (B) Colors of such signs shall "be optional; (C) All signs shall be clearly visible to persons in restricted locations ; . (D) Signs shall have the word "WARNING" two inches in height, and all other lettering shall be at least five-eighths inches in height; (E) Signs shall be •posted every one hundred feet; (F) The following wording shall • appear on each sign: 345 12 . 32. 040--12. 32 ..050 "WARNIN.G Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, lying or by riding, operating, walking or parking any motorcycle, bicycle, horse or similar objects or animals is prohibited and punishable as a misdemeanor. Huntington Beach Municipal Code Chapter 12. 32 Huntington Beach Police Department 536-5311.. " (Ord. 1625 (part) , 1971) . 12. 32. 040 Driving over unprotected sidewalk. No person shall drive any wagon or other vehicle over, along or across any cement or other improved sidewalk or curb, unless plank- ing is laid thereon in such manner as to protect such side- walk or curb. (Ord. 69 .. (part) , 1910) . 12. 32. 050 Paved -sidewalk crossings excepted. The pro- visions of . Section 12 . 32.040 shall not apply to the driving of vehicles over sidewalks or curbs at places where cement or asphalt crossings are constructed across such sidewalks and curbs. (Ord. 69 (part) , 1910) . Chapter 12 . 36 BENCHES Sections : I . GENERAL PROVISIONS 12. 36 .010 Definitions . 12. 36 .020 Enforcing officer. f II . PERMITS 12. 36 . 030 Permit--Required. 12. 36 .040 Permit--Scope . 12 . 36.050 Permits--Numbering. 12 . 36 .060 Permit--Application--Form. 12. 36. 070 Permit--Adjoining- .landowner consents. 12. 36. 080 Permit--Application--Filing. 12. 36.090 Permit--Owner signature and fee. 12 . 36 . 100 Permit--Application--Action. 12 . 36 . 110 Permit--Fee collection. 12. 36 . 120 Permit--Denial--Grounds . 12 . 36 . 130 Permit--Revocation or renewal denial. v�rd 346 Sections : (Continued) .. 12 . 36.. 140 Permit--Acceptance failure--Cancellation. . 12. 36 . 150 Protest by nearby property owners . 12. 36 ..160 Failure to .install bench. 12. 36. 170 Noncompliance--Violation. . 12 . 36. 180 Consent withdrawal by abutting owner. 12. 36..190 . Fees not refunded. _. 12 . 36.200 Permit--Expiration. 12 . 36 . 210 Permit--Renewal--Fee . .12. 3.6. 220 Permit--Renewal--Application. : 12..36. 230 Transfer of bench--Report. III. SPECIFICATIONS 12. 36 . 240 Size. 12 . 36. 250 Display of name and number. 12 . 36. 260 Identification marks . 12. 36 . 270 Permittee to maintain and inspect. 12. 36 .280 Location--Restricted. 12 . 36. 290 Location--Requirement waiver. . ... 12. 36 . 300 Location--Distance from curb. IV. SIGNS 12. 36. 310 Foot and rear surfaces. 12 . 36 . 320 Approval of copy. 12 . 36 . 330 Copy refusal--Appeal. 12. 36 . 340 Objectionable copy. .12 . 36350 Confusion with traffic signs. V. REMOVAL 12 . 36 . 360 Permit revocation. 12. 36. 370 Redemption by permittee. 12. 316 . 380 Disposal. 12. 36. 390 Sale .risk- .Cumulative remedy. '. VI . INSURANCE 12. 36. 400 Bond and insuranje required. 12. 36. 410 Bond--Form. 12. 36. 420 Bond--Policy maintenance. 12. 36. 430 Single bond or policy for several permits.. 12. 36. 444 Limit of liability. 12. 36 . 450. Limit of -liability for several benches . 347 12 . 36. 010--12. 36. 080 I GENERAL PROVISIONS 12. 36 .010 Definitions. In this chapter, unless from the context a different meaning is intended, or unless. a dif- ferent meaning is specifially defined and more particularly directed to the use of such words : (A) ."Bench" means a seat located upon public property, along any public way, for the accommodation of passers-by or persons awaiting transportation. (B) "Street" means any public thoroughfare or way in- cluding the sidewalk, the parkway and any other public prop- erty- bordering upon a public way. (Ord. 581 (part) 1952) . 12. 36.020 Enforcing officer. The street superinten- dent shall enforce, the provisions of this chapter and shall have complete authority over the installation. and mainte- nance of benches , subject to the provisions of this chapter. (Ord. 581 (part) , 1952) . II . PERMITS 12. 36 .030 Permit--Required. No person shall install or maintain any bench on any street without a permit. (Ord. 581 (part) , 1952) . 12 . 36. 040 Permit--Scope. A separate permit must be ►` obtained for each bench, which permit shall be valid only for the particular location specified therein. (Orel.. 581 (part,) , 1952) . 12 . 36.050 Permits--Numbering. Each permit shall bear a separate number. (Ord. 58.1 (part) , 1952) . 12. 36 .060 Permit--Application--Form. No bench permit shall be issued except upon written application, showing the proposed location of each bench. (Ord. 581 (part) , 1952) . 12. 36 .070 Permit--Adjoining landowner consents. Each application must be accompanied by a writing signed by the owner or person in lawful possession or control of the prop- erty abutting upon the public street at the place where the bench is proposed to be located, giving his .consent to the. installation and maintenance of the bench. (Ord. 581 (part) , 1952) . 12. 36 .080 Permit--Application--Filing. Application for the permit shall be filed with the street superintendent, who shall examine and investigate the same and place his en- dorsement thereon and present it to the council at its next meeting. (Ord. 581 (part) , 1952) . 348 12. 36. 090--12. 36. 170 12. 36 . 090 Owner signature and fee. Each application must be signed by the owner of the bench for which permit is requested, and must be accompanied by an inspection fee of one dollar. only one inspection fee shall be required for each bench. - (Ord. 581 (part) , 1952) . 12. 36 . 100 Permit--Application--Action. The council shall examine the application and grantor reject the same. (Ord.- 581 (part) 1952) . 12 . 36. 110 Permit--Fee collection. If the application be granted, an additional fee of three dollars shall be col- lected for each bench for which a permit is issued, to be collected at the time of the issuance of the permit. (Ord. 581 (part) , 1952) . 12. 36. 120 Permit--Denial--Grounds . The application shall be denied if the street superintendent finds that the maintenance of the bench would tend to obstruct passage, along any public way or to create a hazard or would other- wise be detrimental to the public safety,_ welfare or conve- nience. (Ord. 581 (part) , 1952) . 12. 36. 130 Permit--Revocation or renewal denial. Any permit may be revoked, or renewal thereof denied,. for any violation of any of the provisions of this chapter, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial .of the ap- plication. (Ord. 581 (part) , 1952) . 12. 36 . 140 Permit--Acceptance failure—Cancellation . The application shall be cancelled and . denied if the appli- cant fails to accept the permit within ten days after notice of the approval of the application by the street superinten- dent. (Ord. 581 (part) , 1952) . 12. 36 . 150 Protest by nearby property owners. The ap- plication shall be cancelled and denied, or the . permit re- voked, as the case may be, if_ sixty percent of the property owners and/or tenants .living or having their place of busi- ness within two hundred feet of 'the location of the bench or benches protest the same. (Ord. 581 (part) , 1952) . 12. 36 . 160 Failure to install bench. Any permit issued -under this chapter shall be 'cancelled and revoked if the permittee fails to install the bench within sixty days after the date of the issuance of the permit. (Ord. 581 (part) , 1952) . 12. 36. 170 Noncompliance--Violation. No permit shall be renewed in the event the permittee has failed to comply with any provision of this chapter. (Ord. 581 (part) , 1952) . 349 12. 36 . 180--12. 36. 270 12. 36 . 180 Consent withdrawal by abutting owner. If the abutting owner withdraws his consent to the continued maintenance of the bench, and gives written notice thereof to the street superintendent, then, at the. expiration of the current term of the permit, a renewal of the permit shall be denied. The street superintendent shall inform the per- mittee of the. receipt of such notice. (Ord. 581 (part) , 1952) . 12 . 36. 190 Fees not refunded. No fee paid pursuant to this chapter shall be refunded in the event the application is denied or. the permit revoked. . (Ord. 581 (part) , 1952) . 12. 36 . 200 Permit--Expiration. Each permit shall ex- pire on July lst . next following the date of issuance unless renewed. (Ord. 581 (part) , 1952) . 12. 36. 210 Permit--Renewal--Fee. A fee of three dol- lars for each bench shall be charged for each annual . renew- al of the permit. (Ord. 581 (part), 1952) . 12. 36 .220 Permit--Renewal--Application. Application for renewal shall be made prior to the expiration date of the permit. (Ord. 581 (part) , 1952) . 12 . 36 .230 Transfer of bench--Report. Whenever a bench for which a permit has been issued is sold or title or con- r trol thereof assigned or transferred, the permittee shall report such fact to the street superintendent, within ten days , and a new permit must be obtained for its maintenance or the bench. removed within ten days of such sale, assign- ment or transfer. (Ord. 581 (part) ; 1952) . III . SPECIFICATIONS 12. 36. 240 Size. No bench shall be more than forty- two inches high; nor more than two feet, six inches wide; nor more than seven feet long, over all. (Ord. . 581 (part) , 1952) . 12. 36 . 250 Display of name and number. Each bench must have d si played thereon, in a conspicuous place, the name of the permittee and the permit number. (Ord. 581 (part) , 1952) . 12. 36. 260 Identification marks . The street superinten- dent shall identify each bench for which permit is issued with suitable markings for identification. (Ord. 581 (part) , 1952) . 12. 36. 270 Permittee to maintain and inspect. It shall be the duty of the permittee to maintain each bench at all i 350 12. 36. 280--12: 36. 350 - times in. a safe_ condition and at its proper and lawful loca- tion, and to inspect each bench periodically: (Ord. 581 (part) , 1952) . 12 . 36. 280 - Location--Restricted. . No person _shall in- stall or maintain any bench: (A) In any alley ; (B) At any location where the distance from the face of the curb to the nearest property line is less than ten feet; (C) At any location distant more than fifty feet from the nearest intersecting street. (Ord. 581 (part) , 1952) . 12. 36.290 Location--Requirement waiver. Whenever, in the opinion of the street superintendent, observance of the limitations listed in Section 12. 36 . 280 would result in incon- venience or hardship, such limitation may be waived by 'said officer. (Ord. .581 (part) , 1952) . 12. 36 . 300 Location--Distance from curb. No permittee shall locate or maintain any bench at a point less than eighteen inches or more than thirty inches from the face of the curb except as otherwise approved by the street superin- tendent. (Ord. 581 (part) , 1952) . IV. . SIGNS 12. 36 . 310 Front and rear surfaces . No advertising matter or sign whatever .shall be displayed upon any bench except upon .the front and rear surfaces of the backrest; and not more than seventy-five percent of each such surface shall be so used., (Ord. 581 -(part) , 1952) . 12 . 36 . 32.0 Approval of copy. All advertising copy shall be approved by the street superintendent before being placed upon any bench in the city under this chapter. (Ord. 581 (part) ; 1952) . 12. 36. 330 Copy refusal=-Appeal. An appeal may be taken to the council from the refusal of the street superintendent to approve any advertising copy. (Ord. 581 (part) , 1952) . 12. 36 . 340 Objectionable .copy. No permit shall be issued for advertising copy which would be offensive or objection- able to the public. (Ord. 581 (part) , 1952) . 12. 36. 350 Confusion with traffic signs. No advertise- ment. or sign on any bench shall display the works "Stop, " "Look, " "Drive-in, "Danger, " or any other word, phrase , symbol or character calculated to interfere with, mislead or distract traffic. (Ord. 581 (part) , 1952) . 351 12. 36. 360--12. 36. 430 V. . REMOVAL 12. 36 . 360 Permit revocation. After the revocation of any permit, the street superintendent may remove and store the bench, if the permittee fails to do so within ten days after notice. (Ord. 581 (part) , 1952) . 12. 36. 370 Redemption by permittee. The permittee may recover the bench, if within sixty days after the removal, he pays the cost of such removal and storage which shall not exceed five dollars for removal and five dollars a month for storage, for each such bench. (Ord. 581 (part) , 1952) . 12. 36. 380 Disposal. After sixty days , the street su- perintendent may sell, destroy or otherwise dispose of the bench at his discretion. (Ord. 581 (part) , 1952) . 12636 . 390 Sale risk--Cumulative remedy. All of the foregoing shall be at the sale risk of the permittee , and shall be in addition to any other remedy provided by law for the violation of this chapter. (Ord. 581 (part) , 1952) . VI . INSURANCE 12. 36 . 400 Bond and insurance required. No permit shall . be issued pursuant to this chapter unless the applicant shall post and maintain with the city clerk a surety bond or policy of public liability insurance , approved by the city attorney and conditioned as hereinafter provided. (Ord. 581 (part) , 1952) . 12 . 36. 410 Bond--Form. The bond or policy shall be conditioned that the permittee will indemnify and save harm- less the city, its officers and employees from any and all loss , costs , damages , expenses or liability which may re- sult from or arise out of the .granting of the permit, or the installation or maintenance of the bench for which the permit is issued and that the permittee will pay and all loss or damage that may be sustained by any person as a re- sult of, or which may be caused by or arise out of .such in- stallation or maintenance. (Ord. 581 (part), 1952) . 12 . 36. 420 Bond--Policy maintenance. The bond or poli- cy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the per- iod for which the permit is in effect. (Ord. 581 (part), 1952) . 12 . 36 . 430 Single bond or policy for several permits . In the event that two or more permits are issued to one per- mittee , one such bond or policy of insurance may be furnished 352 12. 36. 440 to cover two or more benches , and each bond or policy shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the report- ing of any accident from which liability may thereafter ac true. (Ord. 581, 3/52) . 12. 36. 440 Limit of liability. The limit of liability upon any bond or policy of insurance, posted pursuant to . the requirements of this chapter, shall be: combined single limit bodily injury. and/or .property . damage including ..pro.ducts lia- ._ bility: One Million Dollars ($1,000,000) combined single limit per occurrence . (Ord. 1976, 21 May 75; Ord. 581, 3/52) . (The next page is 355. ) i r i 353 a 13.0.4.010--13. 04.020 i .. Title 13 PUBLIC . PROPERTY Chapters : 13.04 Beaches and Piers--General -Provisions- 13.07 Beach Regulations 13. 12 , Pier Regulations 1-3.16 Beach Parking Lots .I 13. 20 Private Beaches { 13.22 Beaches--Vehicle and Business Permits 13.27 Camper Facilities 13. 2 Harbors--Generally 13 . 3 Boating Regulations 3 13. 40 Swimming Rules 13.E Harbor Sanitation f 13�8 Parks 3 13.52 Public 'Buildings Chapter 13. 04 BEACHES AND PIERS--GENERAL PROVISIONS Sections: 13.0.4.010 Scope.. +. 13.04.020 Definitions . 13. 04. 030 Enforcing officer. 13. 04. 040 Appeals of enforcing action. 5 13.04. 050 Violation--Penalty. 13. 04.010 Scope .; The provisions of chapters 13. 04 through 13.26 are enacted by the city council of Huntington Beach;. and shall, . unless otherwise expressly provided, apply S to all beaches , piers and other publicly .owned or operated lands or waters falling within the definition of those terms as set forth in Section 13. 04.020 of this chapter; provided, however, that the application of these chapters may be expressly negated by ordinance or resolution of the city council. (Ord. 13o6 , 3/67) . 13. 04 . 020 Definitions . For the purposes of this chap- ter, the following terms shall have the respective meanings s set forth herein, unless the context in which they are used, clearly indicates to the contrary.. 355 13.04 .030--13. 04.040 (a) "Beach" includes that strip of land owned and/or operated by this city, lying between Pacific Coast Highway `y in this city and the line of ordinary tide of the Pacific Ocean, and any pier, jetty or arm thereof designed primarily to provide swimming, boating, fishing, sightseeing or other waterfront activities , except that floor of the building commonly known as the Pavalon.which is level with the Pa- cific Coast Highway . (b ) "Camp" means any temporary shelter to be occupied by human beings for a limited period and not as a permanent place or abode that is constructed of cloth or paper,. treated or untreated, or boughs of trees, or partly constructed thereof, or by the use of paper and/or cloth and/or branches of trees , in connection with an automobile, automobile truck. or other vehicle, for the purpose of temporary shelter. (c ) "Director" refers to the director of harbors and beaches department of the city. (d) "Liquor" or intoxicating liquor includes any and all spirituous , vinous , malt or fermented liquor, liquids or compounds whatever named or called, containing one-half of one percent or more of alcohol .by volume, which are po= table or fit for use as , or which may be used for beverage purposes. (e) "Occupied" means used for the purpose of protec- ting human beings from wind, sun, rain or public view. (f) "Pacific Ocean" includes all waters of the Paci- fic Ocean or any arm thereof in which the tide ebbs or flows , whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute or court action or otherwise, and whether or not the lands lying under said tidal waters are privately owned or publicly owned. (g) "Person" means any individual, firm, copartnership, joint venture , association, social club , fraternal organi- zation, corporation or any other group or combination, acting as a unit . (Ord.. 1325, 6/67; Ord. 1306, 3/67; Ord. 769 , 6/60; Ord. 768, 5/60; Ord. 341, 9/30) . 13. 04 . 030 Enforcing officer. Any violation of any . provisions of this _chapter shall subject the violator to ejection from the premises of the area in which violation occurs . This title shall be enforced .by the director of harbors and beaches and such of his agents as he may desig- nate -to perform said duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this title takes place. (Ord. 1306, 3/67) . 13. 0.4 . 040 Appeals of . enforcing action. Any person dissatisfied with the decision of the director of harbors 356 13.04.050 and beaches in the areas of discretion on his part under this title , may appeal his decision to the city administra- tor, and if dissatisfied with the decision of the city admin- istrator, may appeal said decision to the city council by notice. in writing to that effect within ten (10) days , from the date of the decision appealed from. 13. 04. 050 Violation--Penalty. Any person violating any provision of this title shall, upon conviction, be.. guilty of a misdemeanor, and subject to a. fine of not more than' Five Hundred Dollars .($500) or be imprisoned fora period not to exceed three- months, or by both such fine and imprison- ment . (Ord. 1306 , 3/67; Ord. 1084, 9/64) . Chapter 13. 08 BEACH REGULATIONS 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--Permit--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. 190 Climbing on lifeguard stations . 13. 08.200 Leaving hazardous objects . 13. 08. 210 False alarms. 13. 08. 220 Interfering with lifeguard. 13. 08. 230 Causing object to reflect . 13. 08.240 Curfew. ; 13. 08.250 Fireworks. . 357 13. 08.010--13.08.050 Sections : (Continued) 13. 08.260 Electrical outlets . 13. 08.270 Speaker systems. 13. 08. 280 Vehicles--Regulation. . 13.08. 290 Vehicles--Speed. 13. 08. 300 Delivering concessions . 13. 08. 310 Parking. 13.08. 320 Traffic control signs . . 13. 08. 330 Removal of sand. 13. 08. 010 Unlawful acts . It is unlawful for any per- son to do or commit , or for any person to cause or permit to be done or committed within the boundaries of any beach, with- in the city limits , owned, operated, controlled or formed by the city council of Huntington Beach, any acts in the . following sections . (Ord. 1306, 3/67; Ord. 769 , 6/60) . 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 . (Ord. 769, 6/60) . 13. 08.030 Littering. No person shall deposit or dis- card 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. (Ord. 1306 , 3/67; Ord. 769, 6/60; Ord. 80, 7/11) . 13. 08. 040 Dangerous objects 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 be- come a menace to life or limb to any person or bather in said ocean or on said beach. (Ord. 1306, 3/67; Ord. 80, 7/11) . 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 harbors and beaches . (Ord. 341, 9/30) . 358 13. 08 -060 r 13. 08.060 Fires. No person shall light, kindle, set or maintain fires or coals thereon, except in the fire rings (The next page is 359 . ) `'fir►' 358-1 13. 08..070--13. 08. 100 provided .therefor. . (Ord. 1306 (part) ,' 1967 : Ord. 769 (part) , ' 1960) . 13. 08. 070 Dogs and other animals . No person having the care, charge or control of any dog or pet or domesti- cated or wild animal or reptile, shall permit or allow said pet, domesticated -or wild animal or reptile to be, under any circumstances or conditions , on or upon the municipal pier, or upon, the public beaches in the city. (Ord. 769 (part) , 1960 : Ord. 554 (part) ,. 1949 : Ord. 344 (part) , 1931) . 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 hock, peddle or vend any goods, wares or merchandise, except pursuant to a permit issued under the authority of the director of harbors and beaches . (Ord. 769 (part) , 1960) . 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 al- coholic beverage , or transport or deliver to any person or persons therein any alcoholic beverage. (Ord. 1588 (part) , 1970.: - Ord. . 1306 (part) , 1967 : Ord. 769 . (part) , . 1960) . 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 condi- tions : (A) The kind or kinds .of permitted alcoholic bever- ages shall be named in the permit. (B) Each permit shall require that all alcoholic bev- erages 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. (F) The permit shall expire one year from and after the date of issuance, unless -sooner revoked as provided by this chapter. (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. (Ord. 1588 (part) , 1970 : Ord. 1306 (part) , 1967: Ord. -769 (part) , 1960) . 359 13. 08. 110--13. 08. 120 13. 08. 110 Alcoholic beverages--Permit--Revocation- or suspension. Permits arysubject to suspension or to revoca- `%mop tion by the city council after notice to permittee and pub- lic 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 convict- ed of any crime involving moral turpitude; (D) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous drugs without re- porting such incidents to the police department without un- necessary delay or not more than twenty-four 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. . (Ord. 1588 (p4rt) , , 1970 : Ord. 1306 (part) , 1967 : Ord. 769 (part) , 1960) . 13. 08. 12b Hazardous water sports . The following reg- ulations 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 r.. 1 within three hundred yards of the mean high tide line there- of, within the city shall use or have in his possession any surfboard, paddleboar-d, bellyboard, skimmer, canoe , boat or any similar object made entirely or partially of wood, metal, hard plastic or any other hard substance; provided, however, no person shall use or have in his possession any hazardous articles , as defined in Section 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 of his authorized agent, based on pre- vailing weather, water conditions , density of use, and/or other hazard inducing conditions . (B) The director or his authorized agent, shall give notice of the time during which hazardous water sports , as defined herein, are prohibited. Such prohibition shall be effective when a yellow flag having dimensions of two feet by two feet, and having a solid black circle in the center, one foot in diameter, commonly known as a "black ball" flag, is prominently displayed from a lifeguard tower, station, pier or similar structure. (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, , 360 13. 0.8. 130--13. 08. 160 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 sec- tion, 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 desig- nation may be enlarged or reduced at any time. No person shall swim or bathe in the waters of the Pacific Ocean in- cluded in such area so designated except while using a surf- board or paddleboard, or as may be necessary in order to use a surfboard .or paddleboard. .(Ord. 1856 , 1973 : Ord. 1776 , 1972 : Ord. 1743 (part) , . 1972 : Ord. 1306 (part) , 1967 : Ord. 831 (part) , 1961: Ord. 769 (part) ,, 1960) . .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. . (Ord. 1306 (part) , 1967 : Ord. 769 (part) , 1960) . 13. 08.140 Beach games and practices . No person shall use any hard ball, soft ball, bat, football, volleyball, shot put, hammer throw, javelin, boomerang, flying saucer or any athletic apparatus or game, or similar object, or conduct or participate in any sport or game at any place thereon, -outside of the area provided thereof, or to con- . duct. or participate in any sand throwing, blanket throwing or any sport that constitutes a hazard to any person. ' (Ord. 1306 (part) , 1967: Ord. 769 (part) , 1960) . 13. 08. 150 Digging. No person shall dig or cause the digging of any hole in the same 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. , (Ord. 769 (part), 1960) . 13. 08. 160 Spear guns. No person shall have any spear gun or similar underwater fishing device in his or her pos- session on the shore of any beach unless the point of such device is covered by a sheath, cork or other protective de- vice. No spear gun or similar weapon or instrument ' shall be 361 13. 08. 170--13 . 08 . 230 kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the beach, or in swimming areas therein. (Ord. 1306 (part) , 1967 : Ord. 769 (part) , 1960) . 13. 08. 170 Jumping from 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. (Ord. 911 (part) , 1962 - Ord. .769 (part) , 1960) . 13. 08. 180 Climbing on tails 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 . (Ord. 1935 §72 , 1974 : Ord. 911 (part) , 1962 : Ord. 769 (part) , 1960) . - 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. (Ord. 1306 (part) , 1967: Ord. 769 (part) , 1960) . ' 13. 08. 200 Leaving hazardous_ objects. No person shall lay or cause to be laid, any surfboard, paddleboard or simi- lar object against any lifeguard station or municipal struc- ture.' (Ord. 1306 (part) , 1967) . 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. (Ord. 1306 (part) , 1967 : Ord. 769 (part) , 1960) . 13.08. 220 Interfering with lifeguard, No person shall willfully resist, delay or obstruct any lifeguard in the dis- charge or attempt to discharge any duty of his position. . (Ord. 1306 (part) , 1967) . 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) . (Ord. 1743 (part) , 1972 : Ord. 1535, 1969 : Ord. 1306. (part) ; 1967) . 362 13. 08. 240--13. 08.290 13. 08. 240 Curfew. No person shall be on the public beach within the city between the hours of 12: 01 a:m. and 5: 00 a.m. , .except upon official business of the city. In the event of special circumstances so warranting, the di- rector of harbors and beaches, 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 re- quested date. * (Ord. 1306, 3/67; Ord., 861, 8/61; Ord. 76911 6/60) . 13. 08.250 Fireworks No person shall light; set off, or discharge or have in his or her possession, fireworks on the beach. (Ord. 1509, 6/69; Ord. 1306, 3/67) . . 13. 08.260 Electrical outlets . No person shall use any electrical outlets on the beach without first obtaining writ- ten consent - from the director of harbors and beaches and paying such fees as may be prescribed. (Ord. 1306, 3/67) . 13. 08. 270 Speaker systems . No person shall. play, use or. operate, or permit to be played,. us.ed or operated, any radio, receiving set, musical instrument, phonograph, loud- speaker., sound amplifier or other machine or device for. pro- . during or reproducing of sound upon the beach-, pier, -beach. service road or municipal parking lot,` at such a volume as to unreasonably disturb the peace, quiet and comfort of per- sons .who are not voluntary listeners thereto. This section does not apply to the regularly employed safety service personnel of the city who use said safety equipment in the course of -their- daily operations , `nor to any public address system authorized by Section 13. 24.200 . (Ord. 1935 , 6 Nov 74 ; Ord. 1743, 4/72; Ord. 1306, 3/67) . 13. 08.280 Vehicles--Regulation. No person shall oper- ate any skateboard, motor driven cycle , motorcycle, automo- bile, motor truck or other Vehicle .or conveyance on the beach other than for law enforcement, lifesaving or emergency pur- poses, or for _beach maintenance purposes, without . the ex- pressed written consent of the director of harbors and beaches; nor on any roads on which, sgns 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. -. (Ord. 1306, 3/67) . 13. 08. 290 Vehicles--Speed. No person shall drive any , vehicle on the beach at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and the surface and width of the roadway, 363 13. 08. 300--13.08. 330 in no event in excess of ten (10 ) miles per hour, unless a greater speed is posted. (Ord. 1306, 3/67) . 13. 08. 300 Delivering concessions . During the period of June 15th to September 15th, any and all commercial motor vehicles of any type, must make their deliveries to beach concessions between the hours of six a.m. and eleven a.m. (Ord. 1306 , 3/67) . 13. 08. 310 Parking. No person shall park any vehicle except in designated parking areas; provided, however, that the director of harbors and beaches is authorized to permit parking along roads and in underdeveloped areas when, in his opinion, such parking will not interfere with beach area oiler- ations . (Ord. 1306 , 3/67) . 13. 08. 320 Traffic control signs . The director of har- bors and beaches is authorized and directed to erect and main- tain signs at locations he deems appropriate, indicating the speed limits established by the city council for beaches, along roadways and streets herein. The director of harbors and beaches is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indi- cating such areas and patterns . (Ord. . 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 harbors and beaches . (Ord. 1306, 3/67) . (The next page is 365) 364 13. 12.010--13. 12.040 Chapter 13. 12 PIER REGULATIONS Sections: 13. 12.010 Regulation authority. 13. 12. 020 Public use determination. 13. 12.030 Violation of posted notices . 13. 12 . 040 Prohibited acts . 13. 12. 050 Vehicle and parking regulation. . 13. 12.060 Delivering concessions . 13. 12. 070 Boat ticket sales . 13. 12. 080 Boat landings. 1.3. 12 .090 Private boats . 13. 12. 100 Control of boat landing. 13. 12. 110 Charges for use of landing. 13. 12. 120 Tying up--Permission required. 131. 12. 130 Tying .up--Method. 13. 12. 140 Direct fueling prohibited. .13. 12. 010 Regulation authority. The director of .har- bors and beaches , subject to the provisions of this chapter and such ordinances as the council may adopt from time to time, is given full power and authority to regulate or con- trol the use of the public wharf or pier at the. foot of Main Street in this city, (Ord. 1306 (part) , 1967: Ord. 344 (part) , 1931) . 13. 12 . 020 Public .use determination. The director shall have power to determine what portions of said pier shall be open to the public at any and all times, and also what por- tions. of .the pier shall not be used for any specific purpose. (Ord. 1306 (part) ,. 1967: Ord. 344 (part) , 1931) . 13. 12 . 030 Violation of posted notices. Upon the post- ing of notices prohibiting the doing or performing of any acts upon certain portions of said. pier by the director of harbors and .beaches , . it is unlawful for any person to use said portion of the pier for the prohibited purpose or pur- poses .. (Ord.. 1306 .(part) , 1967 : Ord. 344. (part) , 1931) . 13. 12.040 Prohibited acts. No person while upon or near the municipal pier (located at the foot of Main Street in this city, and over the Pacific Ocean in this city) shall do or cause or permit to be done, any of the following acts : (A) Overhead Casting. Cast a fishing line , either with or without a fishing. pole , by what is commonly known as over- head casting; 365 13. 12. 050--13 . 12. 060 (B) Negligent Casting. To cast a fishing line, lob- ster trap, crab trap, any mussel hook, or any other such de- vice in such manner as to create a hazard to any other per- son, either in the water adjacent to the pier or on the pier; (C) Extra Lines. Have more than two fishing lines to any one person in the water under or near the pier at one time; (D) Projecting Poles . Allow or permit any fishing pole to extend inward from the rail to a distance of more than four feet; (E) Cleaning of Fish. Place, cut or clean any fish or bait, or any other marine life upon any bench, . or seat placed upon the municipal pier or upon the floor of the pier unless same is placed in a container; (F) Lobster Traps . Have more than two baited hoop nets to any one person in the water under or near the pier at any one time. Said traps shall be attended by a person at all .times . Attendance is to be within five hundred feet of the traps at all times ; . (G) Tampering• With Lifesaving Equipment. Remove, use or tamper with lifesaving equipment upon said pier, provided therefor for public use , except in time of emergency. (Ord. 554 (part) , 1949 : Ord. 344 (part) , 1931) . 13. 12. 050 Vehicle and parking regulation. Pursuant to Section 13. 08. 280 in this chapter, the following shall apply: (A) Speed Limit. No person shall drive any motor. ve- hicle upon said pier in excess of five miles per hour. (B) Heavy Vehicles. No person shall drive or permit to be driven, any vehicle of any kind or character whatsoever, _ .upon the pier of a gross weight in excess of twenty thousand pounds. (C) Skate Boards Prohibited. No person shall possess any skate board, or any similar type vehicle upon the munici- pal pier at any time . (D) Parking. No vehicle shall be permitted to park on the pier except for the express purpose of loading or unloading supplies , unless he possesses a written permit from the director of harbors and beaches allowing him to do SO. No vehicle parked upon the pier shall be left unattended at any time. (Ord. 1743 (part) , 1972 : Ord. 1306 (part) , 1967) . 13. 12.060 Delivering concessions . Vendors or their agents shall not make deliveries by vehicles to concession- aires on the pier except between the hours of six a.m. and eleven a.m. during the dates of June 15th to September 15th. Such time limit. sh.all not be in effect during the remainder of the year. (Ord. 139.9 , 1968) . 366 13.12.070--13.12. 130 13. 12 . 070 Boat ticket . sales . No person shall sell or offer for sale any tickets for transportation upon any boat of any kind whatsoever upon said pier, except from the space in one of the buildings located upon said pier. (Ord. 344.9 9/31 ) . 13. 12 . 080 Boat landings . No person in charge of any boat or other craft shall permit, cause or allow such boat or other craft to stand or remain at any boat landing upon the pier for a longer period than fifteen (15) minutes at any one time . .(Ord. 344, 9/31) . 13. 12. 090 Private boats . Nothing contained in this chapter shall be construed to prevent the embarking or dis- embarking of passengers from privately owned or- operated boats and other craft , when the same are not in any commer- cial business , but are operated by the owners thereof with- out profit, for their own pleasure and amusement, and with- out, charging or receiving any compensation from persons or passengers riding upon said boats or other. craft.. During .emergency operations no. vessel shall use any boat landing upon the pier until the emergency operations are. concluded. (Ord. 1743, 4/72; Ord. 344', 9/31) . 13. 12. 100 . Control of boat landing.. The boat landing upon the pier shall be under the exclusive charge and con- trol of the director of harbors and beaches and shall not be raised or lowered by any .other person, unless by written consent of the director. of harbors and beaches . (Ord. 1306, 3/67; Ord. 344., 9/31) . 13. 12. 110, Charges for use of landing. Such charges shall be made for the use of said landing upon the pier as may from time to time be fixed by the city. council. (Ord. 344, 9/31.) . 13. 12 . 120 Tying up--Permission required. No person having charge of any vessel shall make the same fast to a wharf, dock, seawall or the front of any pier without the consent of the owner, agent or person in charge of such wharf, dock, seawall or pier. No person shall make fast any vessel to any other vessel already occupying any wharf, dock, seawall or the front of any pier either public or private. No vessel shall he allowed to extend beyond the pier- head line into the public right-of-way. (Ord. 1430, 9/68) . 13. 12. 130 Tying up--Method: Every vessel lying at any pier shall be fastened thereto from bow and stern with such lines and in such manner as to assure the security of the vessel. (Ord. 14302 9/68) . . 367 13. 12.140--13.16 .010 13. 12. 140 Direct fueling prohibited. No person shall fuel any vessel secured to or adjacent to a wharf, dock, sea- wall or any pier with any petroleum product directly from a tank wagon or .truck. (Ord. 1430, 9/68) . Chapter 13. 16 BEACH PARKING LOTS Sections : 13.16 .010 Regulations . 13. 16 .020 Parking fee payment. 13.16. 030 Enforcement. 13..16 .010 Regulations . The following regulations will apply to parking in any of the city-owned beach parking lots : (a) Parking is allowed within designated spaces only. (b) Parking lot hours shall be five a.m. to twelve midnight. (c) There shall be no overnight parking- (d) Any deviation from this section will be by permission of the director of harbors and beaches . (e) No loitering or obstructing of flow of traffic will be allowed in the parking lot by any person or persons . (f) No vehicle shall obstruct any entrance in the parking lot . (g) No trailers or similar vehicles will be allowed in the parking lot , from June 15th to September 15th of each year. (h) Fees for parking shall be established by resolution of the city council. (i) Any vehicle leaving the parking lot and returning will be required to pay on reentering. (j ) Number of parking permits per concession owner will be determined by the director of harbors and beaches . (k) No house trailer or similar vehicle is permitted in any beach parking lot on Saturdays , Sundays or holidays except as provided. for elsewhere in this Code. (1) Parking of motor vehicles in the parking lot located on the east side of the pier adjacent to the Fisherman Restaurant shall be reserved for patrons of said Fisherman Restaurant . (m) The director of harbors and beaches shall have the authority to designate reserved parking areas in city-owned beach parking lots . (n) No unauthorized vehicle shall park in a reserved parking area where signs are posted giving notice of such reserved parking.. (Ord. 1933, 8/74; Ord. 1743, 4/72; Ord. 1 1404, 4/68; Ord. 1328, 7/67; Ord. 1306, 3/67) . 368 13..16 .020--13.16.030_ 13. 16 .020 Parking fee payment . No person shall cause I ny vehicle to enter a city-owned or operated beach parking lot without paying the established fee. Any violation of this chapter is an infraction and punishable .by -a .fine not to exceed .One Hundred Dollars ($100) . : (Ord'. 1933, 8/74; Ord. 1611, 1971; Ord. 1306, 3/67) . 13. 16 . 030 Enforcement. In addition to city of Hunt- ington Beach police officers , sworn city personnel designated by the city to •be in charge of.-any -city-owned- beach parking . lot. are authorized to enforce. beach parking regulations. (Ord. . 1933, 8/74) (The. next page. is 369) r_ 368-1 13. 20. 010 f Chapter 13. 20 PR2VATE. BEACHES Sections : 13. 20 .010 Definitions. 13. 20.020 Number of lifeguards . 13. 20 .010 Definitions . For the purposes of this chap- ter, the- following terms shall have the .meanings as set forth herein, unless the context in which they are used clearly indicates a contrary meaning. ' (A) "Certificate" means a statement or card signed by the chief lifeguard of the city that a person named in the statement or card has taken such examinations and passed such tests as demonstrated to the chief lifeguard of the harbors, and beaches department that the person so named possesses the qualities set forth in defining "Lifeguard. " (B) "Certified lifeguard" means a lifeguard as de- fined in subsection (C) of this section, who has been named in a certificate , as defined in subsection (A) of this sec- tion. (C) "Lifeguard" means a male person at least eighteen years old who has graduated from high school and who has successfully completed a competitive lifeguard examination and training program; has thorough knowledge of and the . ability to practice lifes.aving techniques in heavy surf and severe ocean conditions , ,artificia;l. respiration and first aid;. is in good health; possesses .good physical strength and ability , and .who is free from any physical de- fects . A lifeguard .minimum age of sixteen years is allowed if the person is part of an organized lifeguard service with trained lifeguards as supervisors ; and has successfully com.- pleted a competitive lifeguard examination and .training pro- gram, has thorough knowledge of and the ability to practice lifesaving "techniques in heavy surf and severe ocean condi- tions , artificial respiration and first aid, 'and who is in good health and who possesses good physical strength and ability., and who is free from any. physical defects . (D) "Private. beach" means a place within the incor- porated area of the city used for the purpose of accommodat- ing bathers bordering upon or adjoining the seacoast, bays or inlets .therefrom where members of the public, by paying a fee, may resort for the purpose of bathing in the open sea, or bays or inlets therefrom. (Ord. 1306 (part) , 1967 : Ord. 952 (part) , 1963). . 369 13 .20. 020--13. 24. 020 13. 20. 020 Number of lifeguards. The city council shall, upon recommendation of the. chief lifeguard of the city, desig- nate by resolution, for each private beach, the number of certified lifeguards , with a minimum of one, and the hours of duty which it considers reasonably necessary to provide in adequate lifeguard service for the protection of the public. with due regard for the number of bathers utilizing this par- ticular private beach, and with due regard for such length and type of waterline as the .particular private beach encom- passes. (Ord. 952 (part) , 1963) . Chapter 13. 24 BEACHES--VEHICLE AND BUSINESS PERMITS Sections : 13. 24. 010 Construction permit--Required. 13. 24. 020 Construction permit--Fees. 13. 24. 030 Motor vehicles--Permit--Required. 13. 24.040 Motor vehicles--Permit--Application. 13. 24. 050 Motor . vehicle--Application--Contents. 13. 24. 060 Motor vehicle--Application--Applicant examin- ation. 13. 24. 070 Motor vehicle--Permit--Issuance--Safeguards. 1.011 13. 24. 080 Motor vehicle--Permit--Issuance--Conditions. 13. 24. 09.0 Motor vehicle--Permit--Scope. 13. 24. 100 Business--Permit required. 13. 24. 110 Business--Location. 13. 24. 120 Business--Leasing space. 13. 24. 130 Business--Space rental terms. 13. 24. 140 Commercial filming and photography. 13. 24. 150 Filming--Application--Making. 13. 24.160 Filming--Permit--Application--Contents. 13. 24. 170. Filming--Permit--Application--Applicant examination. 13. 24. 180 Filming--Permit--Issuance-.-Safeguards. 13. 24. 190 Issuance--Fees. 13. 24. 200 Public address systems. 13. 24. 210 Special use permits. 13. 24. 010 Construction permit--Required.. No person shall erect, construct, enlarge, alter, repair, move, convert or demolish any pier, dock, wharf, float or buoy within the city without obtaining a permit to do so from the director of public works. (Ord. 1430 (part) , 1968) 13. 24.020 Construction permit--Fees. The permit for private facilities shall be twenty-five dollars. The permit 370 13. 24. 030--13. 24. 080 fee for commercial condominiums and all other facilities shall be based on the fees required by Section 303 of the Uniform Building Code, and as may. be set from time to time by ordi- nance. (Ord. 1430 (part) , 1968) . 13.24. 030 Motor vehicles--Permit--Required. No person owning or operating any motor vehicle of any type (as defined in 13. 08. 280 shall operate , drive, propel or run, or cause or permit any motor vehicle to be operated, driven, . propelled or run upon the beach of the Pacific Ocean within this city, without a permit therefor first being obtained from the di- rector of harbors and beaches. (Ord. 1306 (part) , 1967 : Ord. 1160 (part) , 1965 : Ord. 248 (part) ,, 1922) . 13. 24. 040 Motor vehicles--Permit--Application. Any per- son desiring . to operate any motor vehicle or vehicles upon the beach of the Pacific Ocean within this city may apply to the director of harbors and beaches for a permit to do so an application in writing. (Ord. 130.6 (part) , 1967 : Ord. 248 (part)., 1922) . 13. 24. 050 Motor vehicle--Application--Contents. The application shall state the time and place for which the per- mit is desired; shall state the kind and character of ,motor vehicle or vehicles to be operated; the names of the persons to operate the vehicle or vehicles ; shall state the name of the applicant, and also shall state such information as may be required from time to time by the director of harbors and beaches . (Ord. .1306 (part) , . 1967 : Ord. 248 (part) , 1922) . 13. 24. 060 Motor vehicle--Application--Applicant ex- amination. Upon receipt of any application for a permit to operate a motor vehicle or vehicles upon the beach, the direc- for may examine the applicant or any persons named therein as the driver or operator of any motor vehicle. (Ord. 1306 (part) , 1967 : Ord. . 248 (part) , .1922) . 13. 24. 070 Motor vehicle--Permit--Issuance--Safeguards . The director of harbors and beaches may require such safe- guards for the protection of the public as he may deem ad- visable. (Ord. 1306 (part) , 1967 : Ord. 248 (part) , 1922) . 13. 24..080 Motor vehicle--Permit--Issuance--Conditions. If he deems the applicant and the person to operate the motor vehicle or vehicles to be properly qualified and if suitable safeguards are provided for the protection of the public, the director of harbors and beaches .may issue a permit there- for. (Ord. 1306 (part) , 1967: Ord. 248 (part) , 1922) . 371 13. 24. 090--13. 24 . 170 13. 24. 090 Motor vehicle--Permit--Scope. Any person holding such a permit may operate or cause -to be operated, a motor vehicle ..or vehicles in accordance with the terms thereof at the . time and place in the permit specified. (Ord. 1306 (part) , 1967 : Ord. 248 (part) , 1922) . 13. 24. 100 Business--Permit required. No person shall conduct or carry on upon the beach or pier or any part there- of, any business of any kind whatsoever, without first hav- ing obtained a permit from the city council to do so. Ord. 1306 (part) , 1967 : Ord. 344 (part) , 1931) . 13. 24 . 110 Business--Location. No permit shall be is- sued for the carrying on of any business upon the beach or pier, except in a building constructed therefor. (Ord. 1306 (part) , 1967 : Ord. 344 (part) , 1931) . 13. 24 . 120 Business--Leasing space. Space in any build- ing located upon beach or pier may be leased by the city council at their discretion. . (Ord. 1306 (part) , 1967 : Ord. 344 (part) , 1931) . 13. 24. 130 Business--Space rental terms . The terms for the payment of rental for such space shall be specifi- cally set forth in the agreement therefor, created by the city council. (Ord. 344 (part) , 1931) . 13. 24 . 140 Commercial filming and photography. No per- son shall take any motion pictures or photographs on the beach for commercial purposes , without a permit therefor first had and obtained from the director of harbors and beaches . (Ord. 1306 (part) , 1967) . 13. 24. 150 Filming--Application--Making. Any person , desiring to take commercial motion pictures or .photography on the beach may apply to the director of harbors and beaches for a permit to do so by an application in writing. (Ord. 1306 (part) , 1967) . 13. 24. 160 Filming--Permit--Application--Contents . The application shall state the time and place which the permit is desired and any such information as may be required by the director of harbors and beaches . (Ord. 1306 (part) , 1967) 13. 24 . 170 Filming--Permit--Application--Applicant examination. Upon receipt of any application for a permit to take motion picture film or still photographs , the direc- tor of harbors and beaches may investigate and examine the applicant or any persons named therein. (Ord. 1306 (part) , 1967) . 372 13. 24. 180--13. 24 . 210 13. 24 . 180 Filming--Permit--Issuance--Safeguards . The ` director of harbors and beaches may require such safeguards for the protection of the public as he may deem' advisable. (Ord. 1306 (part) , 1967) . 13. 24. 19.0 Issuance--Fees . (A) Fees for motion pic- ture filming and .still photography shall be : Motion picture filming. . . . . . . . . . . . . . . . . $200. 00 per day Still photography. . . . . . . . . . . 25. 00 per day (B) Said fees shall be payable to the director of har- bors and beaches , plus any cost to the city for any police , fire , lifeguard or maintenance use of city building; or any . other service. Licensee must post an insurance certificate with the city, naming city as coinsured; the certificate to be approved by the city attorney. (Ord. 1306 (part) , 1967) . 13. 24. 200 Public- address systems . No person shall .set up, use , operate or maintain a public address. system on the beach within this city, except in those areas specifically designated therefor, nor shall any person set up, use, op- erate or maintain a public address system without first ob- taining a written permit from the director of harbors and beaches . The director of harbors and beaches .is expressly given the authority to determine the maximum amplification permissible in areas designated consistent with other per- sons ' enjoyment of the recreational area facilites . (Ord. 1306 . (part) , 1967) . 13. 24. 210 Special use permits . The director of hai- bors and beaches may, at his discretion, designate special use areas . (Ord. 1743 (part) , 1972) . Chapter 13. 28 CAMPER FACILITIES Sections: 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 House trailer facilities. 373 w 13 . 28 . 010--13. 28. 040 Sections : (Continued) 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 Animals prohibited. 13. 28. 180 Firearms prohibited. 13. 28. 190 Fireworks prohibited. 13. 28. 20.0 Closing hour. 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 Vehicles--Legal operation. 13. 28. 270 Parking areas . 13. 28. 280 Commercial vehicles . 13. 28. 290 Solicitors and handbills prohibited. 13. 28. 300 Camping outside designated areas. 13. 28. 310 Parking provisions . 13. 28.010 Established--Availability. There is estab- lished a city camper facility, open to the public from Sep- tember 15th until May 1st of each year, and closed from May ...� 1st until September 15th, unless otherwise authorized by the director. Said facility, to be designated by signs , shall entail approximately ninety spaces on the present beach park- ing lot area between Lake Street and Huntington Avenue. (Ord. 1827 (part) , 1973) . 13. 28. 020 Fees and rules adopted. Fees for and rules governing the use of the city camper facility shall be deter- mined by resolution of the city council and may be amended from time to time by resolution of the council. . (Ord. 1827 (part). , 1973) . 13. 28. 030 Reservations--Deposit. (A) Reservations for campsites may be made by applying to the department of harbors , beaches and development not more than thirty days prior to the time of desired occupancy. . Reservations for specific campsites will not be considered. (B) Application for reservation shall be accompanied by a deposit in the amount of the daily fee as set by reso- lution, refundable when reservation has not been confirmed, or accommodation is not available. (Ord. 1827 (part) , 1973) . 13. 28. 040 Fee payment before facility use. No person shall use or occupy facilities in the city camper facility 374 13..28. 050--13. 28. 110 . unless the fee , established by resolution of the city council, f has first been paid._ (Ord. 1827 (part) , 1973) . 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 al- ready occupied or reserved. In addition, the following regulations shall apply as set out in Sections 13. 28.060 through 13. 28. 300 . (Ord. 1827 (part) , 1973) . 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 war- rant.. (Ord. 1827 (part) , 1973) . 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 seven calendar days . (Ord. 1827 (part) , 1973) 13. 28. 080 Checking out. Occupants shall remove all personal property._ and vacate campsites prior to two p.m. on ,► the last. day of reservation. Campsites shall be left in a neat, orderly condition. (Ord. 1827 (part) 1973) . 13. 28. 090 Vehicle restrictions . No camper, trailer or motor home shall exceed thirty feet in length. Any camp- er, trailer or motor home over twenty-five feet in length shall park in assigned or designated areas only. No tents shall be erected in the .city camper facility .or on the ad- jacent beach unless special. permission is obtained from the director. (Ord. 1827 (part) , 1973) . 13. 28. 100 House trailer facilities. Areas shall be designated to .be used exclusively by travel or house trail- ers , house buses and .pickup campers in' the city camper fa- cility, .and shall include all or some of the following fa cilities : Paved parking area for car .and trailer, and public restrooms . (Ord. 1827 (part) , 1973) . 13. 28. 110 Overnight camping in daytime areas . When authorized by the director, overnight camping may be per- mitted from time to timein portions of the camper facility designated as daytime areas . Use of such daytime areas for. overnight camping shall be subject to fees established by the city council , subject to restrictions as to use , occu- pancy and entry into and of only such portions as may be 375 13. 28 . 120--13.. 28 . 180 specified by the director. All such daytime .areas shall be vacated by nine a.m. - of the day following use as an over- night campsite. (Ord. 1827 (part) , 1973) . 13. 28. 120 Facility deemed city property. All property within the camper facility is declared city property, de- voted 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 there- in. (Ord. 1827 (part) , 1973) . 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 . (Ord. 1827 (part) , 1973) . 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 camper facility any bill, advertise- ment or . inscription. (Ord. 1827 (part) , 1973) . 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 camper facility except in a receptacle designated for that purpose . No person shall .bring in or deposit any rubbish from outside the camper facility in or on any part of such facility. (Ord. 1827 (part) , 1973) . 13. 28. 160 Fires . No person shall light, build, use or maintain a fire within the city camper facility except in a fire ring provided, maintained or designated for such purpose , unless so authorized by the director. (Ord. 1827 (part) , 1973) . 13. 28. 170 Animals prohibited. No person shall bring in or permit a dog or any other animal to enter or remain in the camper facility. (Ord. 1827 (part) , 1973) . 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 camp- er 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. (Ord. 1827 (part) , 1973) . 376 13. 28. 190--12 . 28. 230 13. 28. 190 Fireworks prohibited. No person shall pos- sess , discharge , setoff or cause to be discharged in or on any part of the camper facility any firecracker; torpedo, rocket, fireworks , oil, _ explosives or substance harmful to the life or safety of any person. (Ord. 1827 (part) , '1973) . 13. 28. 200 Closing hour. No campsites will be rented after twelve midnight. Ord. 1827 (part) , 1973) . 13. 28. 210 Curfew imposed. (A) The director may from time to time declare curfew for minors in any part of the camper facility upon finding that conditions therein warrant special measures for the protection of such minors and others , and for the safety and welfare of the general public. (B) Such curfew shall be posted .and shall state the specific location, if applicable , and the period of time during which such curfew shall remain in effect (C.) During the period any curfew has been declared, no minor shall enter or remain in the camper facility, or portion the.reof .declared .to be under curfew, except: (1) One who is accompanied by a parent or guardian; or (2) One who is part of a group occupying a camp- site , accompanied and supervised by one responsible adult for every eight minors in such group. (Ord. 1827 (part) , 1973) . 13. 28. 220 Games . No person shall play any ball game , horseshoesor other similar_ game or activity in picnic or campground. areas except at those times and places specifi- cally designated for such purposes . (Ord. 1827 (part) , 1973) . 13. 28. 230 Sanitation and appearance. (A) To maintain a sanitary condition and an orderly appearance , and to pro- tect the resources of the camper facility area, the direc- tor may specify size , type and arrangement of camping .equip- ment and the number of persons permitted in such areas , and no equipment shall be brought into, kept, used or arranged except under the direction and the supervision of the direc- tor. No person shall hang, drape or display any towels or clothing of any type outside any camper, trailer, or mobile home or in a manner which exposes such articles to the pub- lic view. (B) No waste, water, sewage or effluent from sinks , portable toilets or other plumbing fixtures shall be depos- ited directly on or into the surface of the ground or water. All .sewage outlets on campers., trailers or mobile homes must be securely capped at all times while in the camper facility except when disposing waste in the facility sewage outlet provided therefor. . (Ord. 1827 (part) , . 1973) . tiWr� 377 13 . 28. 240--13 . 28 . 290 13. 28. 240 Speed of vehicles. No person shall drive a -vehicle within the 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 motor- cycles and scooters. for purposes of speed exhibitions and joy riding is prohibited. (Ord. 1827 (part) , 1973) . 13. 28. 250 Vehicles--Confined to roads. Operation of vehicles in the camper facility shall be confined to roads , driveways , parking areas or other areas designed to accommo- date such vehicles . No privately-owned vehicle shall be op- erated on any road which has been designated closed to traf- fic. (Ord. 1827 (part) , 1973) . 13. 28. 260 Vehicles--Legal operation. No vehicle which has not been registered pursuant to provisions of the Cali- fornia Vehicle Code shall be operated inside the camper fa- cility, - and no vehicle operator who has not been licensed pur- suant to provisions of the California Vehicle Code shall op- erate any vehicle inside the camper facility. (Ord. 1827 (part) , 1973) . 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 camper facility during- all or certain hours of the day, and any vehicle parked or left standing in violation of such re- striction may be removed by a city peace officer.. (Ord. 1827 (part) , 1973) . 13. 28. 280 Commercial vehicles . No commercial vehicles shall be operated inside the 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 spe- cial activity not inconsistent with camper .facility use. (Ord. 1827 (part) , 1973) . 13. 28.. 290 Solicitors and handbills prohibited. No per- son shall solicit, sell, hawk or peddle any goods , wares, merchandise , liquids or edibles for human consumption other than those individuals who have been granted permission so to do by written agreement with the city and no person shall distribute circulars or handbills in the camper facility. (Ord. 1827 (part) , 1973) . 378 13. 28. 300--T3. 32. 020 13.28.300 Camping outside designated areas. No per- son shall camp in any part of the camper facility except in areas designated and marked for such purpose , and no minor shall camp in any part -of the camper facility unless accom- panied by a parent or guardian, or as part' of a .group occu- pying a campsite, accompanied by and supervised by one res- ponsible adult for every eight minors in such group. (Ord. 1827 (part) , 1973) . 13. 28. 310 Parking provisions. With reference to the camper facility area, as to any provisions of the Huntington Beach Municipal 'Code Chapter 13. 16 which are inconsistent with the provisions of this chapter, the provisions of this chapter shall prevail. (Ord. 1827 (part) , 1973) . Chapter 13. 32 HARBORS--GENERALLY Sections : 13. 32. 010 .. Scope. 13. 32.020 Definitions . 13. 32 .010 Scope. The provisions of this chapter shall, unless otherwise expressly provided, apply to all harbors and other publicly owned or operated land or inland water-. ways ..in the city. (Ord. 1430 (part) , 1968) .. 13..32. 020 Definitions . For the purpose of this chap- ter, the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates a different meaning is intended. Words not defined herein which have the meaning ascribed to them by the Harbors and Navigation Code of. the state of Califor- nia, have the meaning ascribed to them in ordinary usage . (A) "Anchorage area" means any portion of a harbor which has been designated as an anchorage area pursuant to law and approved by the federal government. (B) "Bulkhead line" means the line or point where the outer portion of the bulkhead meets the water. (C) "Director" means ,the director of harbors and beaches of the city. (D) "Mooring" means any appliance used to secure a vessel other than to a pier or dock, which i.s not carried aboard such vessel'.as regular equipment. (E) "Pierhead line" means the line between the bulk- head and the waterway which line separates the area open 379 13. 36. 010--13. 36. 020 for navigation from the area extending outward from the bulk- head in which the mooring and docking of vessels is permitted. The exact distance from the bulkhead to the pierhead line shall be determined by the city council. (F) "Protected swimming area" means an area for swim- ming set aside by the city council and designated by or out- lined by lines , floats or buoys . (G) "Turning basin". means that portion of any channel which has been so designated pursuant to law and approved by the federal government for the purpose of permitting vessels to turn around or permitting their course of direction to be altered. (H) "Vessel" includes any watercraft, vehicle or ob- ject used or capable of being used as a means of transpor- tation or movement on or under water except a seaplane. (I) "Waters of a harbor" means all water in which the tide ebbs and flows whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance , . statute, court or otherwise and whether_ or not the land lying under said tidal waters is privately or publicly owned. (Ord. 1430 (part) , 1968) . Chapter 13. 36 BOATING REGULATIONS r� Sections : 13. 36. 010 Towing prohibited in Huntington Harbor. 13. 36 . 020 Speed limit. 13. 36. 030 Launching and hauling. 13. 36 . 040 Damaging harbor property. 13. 36 . 050 Aircraft landings. 13. 36.060 Air boats prohibited. 13. 36 . 070 Bulkhead lines . 13. 36 .080 Mooring of vessels . 13. 36. 010 Towing prohibited in Huntington Harbor. No person shall tow from a vessel in the waters of Huntington . Harbor any person in the water or cn any object, other than a vessel; except where permitted in a designated special use area or during a special event authorized by the director of harbors, beaches and development. (Ord. 1806 , 1973) . 13. 36. 020 Speed limit. No owner, operator or person in command of any vessel, except a police officer, fireman or lifeguard in the performance of his duty, shall operate any vessel or permit any vessel to be operated in any portion 380 13. 36. 030--13. 36. 080 of any harbor at a rate of speed in excess of five .miles. per hour, or in such manner or at any rate of speed which would endanger the safety of persons or property. (Ord. 1634 . (part) , 1971 : Ord. 1430 (part) , 1968) 13. 36 . 030 Launching and hauling. No person shall launch or remove any vessel from the craters of a harbor over any public seawall, sidewalk, street or public property, except at locations where launching oz- removing vessels is conducted by a regular business which .has been the necessary equipment to do such work,. or ,in those areas designated by . the director and posted . for such purpose . Any launching site so designated and posted may be regulated by resolution of the city council as to hours of launching, size of vessels to be launched, types of vessels to be launched and the method and apparatus to be used in the launching. (Ord. 1430 (part) , 1968) . .13_. 36 .040 Damaging harbor property. No person shall wilfully or negligently destroy , damage, disturb or deface. or interfere with any buoy, float, life preserver, sign, navigational marking, mooring or similar property owned or used by the city or under the jurisdiction of the city or any other governmental agency. (Ord, 1430 (part), 1968) . 13. 36.050. Aircraft landings . No person shall navigate_ on or land on or take off from the waters of a harbor with any aircraft. (Ord. 1430 (part) , 1968) . 13. 36 . 060 Air boats prohibited. No person shall op- erate on the waters of any harbor under the control of the city any vessel which is operated by mechanical air propul- sion above the surface. of the water. .(Ord. 1430 (part) , 1968) . 13. 36. 070 Bulkhead lines . Pierhead and bulkhead lines are established for the Huntington Harbor area as said lines are shown or described in the records on file in the offices of the director of public works and the city clerk. (Ord. 16.34 (part) , 1971) . 13. 36. 080 . Mooring of vessels . No owner, operator or person in command of any vessel shall tie up or moor any vessel beyond the pierhead line, as established in Section 13. 32. 020 (E) , without a permit issued 'by the director of harbors and beaches except to load or discharge passengers . (Ord. 1634 (part) , 1971) . 381 13 . 40 . 010--13. 44.010 Chapter 13. 40 SWIMMING RULES Sections : 13. 40 . 010 Vessels prohibited. 13. 40.020 Designation of swimming zones . 13. 40 .030 Diving or jumping from public property. 13. 40.010 Vessels prohibited. No person shall :operate , drive , propel. or permit to drift into the protected swimming area any vessel. (Ord. . 1430 (part) , 1968) . 13. 40 . 020 Designation of swimming zones . The city council, by resolution, may designate zones in water areas contiguous or adjoining water frontage areas owned, leased or controlled by the city within which swimming is allowed. The limits of all swimming zones. so designated shall be posted by appropriate signs or marking. (Ord. 1430 (part) , 1968) . 13. 40. 030 Diving or jumping from publi.c property. No person shall dive, jump or. enter into the water from or im- mediately in front of any bridge , pier, wharf, dock, flat, bulkhead, seawall; groin, .jetty, natural rock formations or any other place , or object not specifically designated for the purpose of diving, jumping or entering into the water. (Ord. 1430 (part) , 1968) Chapter 13. 44 HARBOR SANITATION Sections : 13. 44. 010 Deposit of refuse prohibited. 13. 44. 020 Discharge of toilets prohibited. 13. 44. 030 Discharge of flammables prohibited. 13. 44. 040 Signs prohibiting waste deposit. 13. 44. 050 Storage on shoreline prohibited. 13. 44.060 Vessel wastes . 13. 44. 070 Marina pump-out facilities . 13. .44. 010 Deposit. of refuse prohibited. No person shall throw, discharge , deposit or leave , or. cause , suffer or permit to be thrown, discharged, deposited or left, any 382 13. 44. 020--13. 44 . 060 rubbish, dead animals , refuse matter or any waste matter whatsoever into the waters of a harbor, or upon any public pier, wharf, seawall, bulkhead, float , beach jetty or street leading to such facility except in waste receptacles desig- nated for such purposes . (Ord. 1430 (part) , 1968) . 13. 44. 020 . . Discharge of toilets prohibited. No person shall discharge, or permit, cause or suffer any person on a vessel under his control or command to discharge any human or animal waste or excreta from any head, toilet or similar fac- ility, or by any other means whatsoever into the waters of a harbor. (Ord. 1430 (part) , 1968) . 13. 44. 030 Discharge of flammables prohibited. No per- son shall throw, discharge , deposit, pump or leave or cause or permit to be thrown, discharged, deposited, pumped or left either from. the shore , from any pier or vessel or from any, other place whatsoever, any oil, spirits or any flammable liquid into. the waters of .a harbor. (Ord. 1430 (part) , 1968) . 13. 44. 040 Signs prohibiting waste deposit- The owner or operator of. any. commercial .docking facility or marina lo- cated on the waters of a harbor shall install and maintain at his own expense in conspicuous locations on the premises , signs to inform the public of the regulations prohibiting the discharge or depositing of any waste or refuse in the waters of a harbor. Uniform standards -and specifications for the design, lettering and general locations of such signs shall be prescribed .by the director of harbors and beaches-. (Ord. 1.430 (part) , 1968) .. 13. 44. 050 Storage on- shoreline prohibited. No person shall place or allow any abandoned vessel , boat or material, garbage,, refuse or timber or waste matter of any type. what- soever to remain on beaches , piers , wharves , jetties, groins , bulkheads , seawalls , flats or shoreline of any harbor. (Ord. 1430 (part) , 1968) . 13. 44.060 Vessel wastes . No person shall own or op- erate a. vessel equipped with any head (toilet) or recep-. tacle for human body. wastes in the waters of a harbor unless : (A) The vessel is also equipped with a holding tank designed to retain all human body wastes deposited in said head or receptacle until such time as the sewage can be dis- charged into a sanitary sewer system or discharged otherwise in accordance with law;. or (B) The head or receptacle is connected directly to a sanitary sewer system; or (C) The head or receptacle is. connected to an on-board sewage treatment system which produces an effluent meeting. such standards as may be approved. by the county health of- ' ✓ ficer for discharge into the waters of a harbor. 383 13. 44. 070--13 . 48.. 010 The effective date of this section shall be January 1, 1974. (Ord. 1792 (part) , 1972) . 13. 44. 070 Marina pump-out facilities . The owner and operator of every commercial marina shall provide a perman- ent holding tank pump-out facility or equivalent service which is operable and available for use at all times and which is capable of servicing all vessels berthed, docked or moored at the marina. The effective date of this section shall be January 1, 1974. (Ord. 1792 (part) , 1972) . Chapter 13. 48 PARKS Sections : 13. 48.010 Definitions . 13. 48. 020 Unlawful acts . 13. 48. 030 Vandalism. 13. 48. 040 Public toilets . 13. 48. 050 Trash and garbage. 13. 48. 060 Vehicle operation. 13. 48. 070 Animals at large . 13. 48. 080 Boisterous conduct. 13. 48. 090 Gambling. 13. 48 . 100 Vending and peddling. 13. 48. 110 Alcoholic beverages . 13. 48. 120 Games and activities . 13. 48. 130 Curfew . 13. 48. 140 Advertising and signs . 13. 48. 150 Violations--Penalty. 13. 48. 010 Definitions . For the purposes of this chap- ter, the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly in- dicates a contrary meaning: (A) "Alcoholic beverages" means any and all spirit ous , . vinous malt or fermented liquor, liquids or compounds, whether medicated, proprietory, patented or not, and by whatever name called, containing one-half of one percent, or more, of alcohol by volume , which are potable or fits . as , or which may be used for beverage purposes.. (B) "Person" means any individual , firm, partnership, joint venture, association, social club, fraternal organi- zation, corporation or any other group acting as a unit. (Ord. 1246 (part) , 1966 : Ord. 1026 (part) , 1964) . 384 13. 48. 020--13. 48. 060 13. 48. 020 Unlawful acts. It is unlawful for any per- son to' do .or commit, or for any person to cause or permit. to be done or committed within the boundaries of any public park within . the city of Huntington Beach any act in the following sections .' (Ord. 1246 (part) , 1966.: . Ord.. 1026. (part) , 1964) . 13. 48.030 Vandalism. No person shall willfully cut , break, injure, deface; disfigure , tamper with, displace or remove any tree , shrub, plant, turf, rock, sand, soil, build- ing, fence , table, bench, barbecue unit, pole , light, play- ground _apparatus , bridge, railing;"paving material , foun- tain, trash receptacle, water line or other public utility , part or appurtenance thereof, sign, notice or placard whether temporary. or permanent, monument, stake , post .or .other bound- ary marker, structure or park facility whatsoever, either real or personal. (Ord. 1246 (part) , 1966 : Ord. 1026 (part) , 1964) . 13. 48.040. Public toilets . No person. shall fail to cooperate in maintaining public toilets in a neat and san- itary condition or to loiter in or about any public toilet or. to enter .any public toilet designated for the opposite sex except that this provision shall not apply to persons under five years of age that are accompanied . by a parent or guardian. (Ord. 1246 (part) 1966 : Ord. 1026 (part) , 1964) . 13. 48. 050 Trash and garbage. No person shall deposit, throw, discharge or otherwise place any paper, rubbish, ae- bris or any substance , matter or thing, either liquid or solid,. in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to. . any park or in or on the grounds of said park except in the proper recep- tacles where these are provided. Where receptacles are not provided all such rubbish or waste shall be carried from the park .by the person responsible for its presence , and prop- erly disposed of elsewhere . (Ord. 1246 (part) , 1966 : Ord. 1026 (part) , 1964 : Ord. 511 (part) , 1947 : Ord. 434 (part) , 1940) . 13. 48. 060 Vehicle operation. No person shall' operate , drive, ride, park or leave standing any motor vehicle or any other vehicle or to ride any horse. or other animal at any time; provided, .however, that __the provisions of this section shall not apply .to those specific areas within any public park of the city which shall have been regularly and lawfully set aside for the use of vehicles or for use of horses or other animals ; and provided further, that the provisions of this section shall not apply to any vehicle used or owned by the city or any commercial vehicle used 385 13. 48 . 070--13. 48 . 130 or owned by the city or any commercial vehicle making law- ful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any public park of the city. (Ord. 1246 (part) , 1966) . 13. 48. 070 Animals at large. No person shall lead or let loose any cattle, horse , mule , goat, sheep, swine or fowl or animal of any kind except that it shall not be un- lawful to maintain dogs on a leash not in excess of six feet. (Ord. 1246 (part) , 1966 : Ord. _1026 (part) , 1964 : Ord. 564 (part) , 1950 : Ord. 434 (part) , 1940) . 13. 48. 080 Boisterous conduct. No person shall indulge in riotous , boisterous , threatening or indecent conduct or use abusive , profane or indecent language. (Ord. 1246 (part) , 1966 : Ord. 1026 (part) , 1964 : Ord. 511 (part) , 1947 : Ord. 434 (part) , 1940) . 13. 48.090. Gambling. No person . shall gamble or engage in gambling. (Ord. 1246 (part) , 1966) . 13. 48. 100 Vending and peddling. No person shall expose or offer for sale any article or thing nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any. such article or thing except by written permission from the city administrator of the city. (Ord. 1246 (part) , . 1966.: Ord. 1026 (part) , 1964 : Ord. 511 (part) , 1947 : Ord. 434 (part) , 1940) . 13. 48. 110 Alcoholic beverages . No person shall con- sume or have in his or her possession, custody or control any alcoholic beverage of any .kind whatsoever. .(Ord. 1026 (part) , 1964)' . . 13. 48. 120 Games and activities . It is unlawful for any person to take part in or abet the playing of any activ- ity which endangers the health, safety or welfare of. the participant or any person whomsoever in any park, except on fields and courts or areas specifically provided for such games or activities . Such games and activities shall in-. clude, but shall not .be limited to, the- following : Base ball, archery, tackle football , golf, motorboating, water skiiing, use of firearms or fireworks , model airplane flying, or any activity involving thrown or otherwise propelled ob- jects such as balls , stones , arrows or javelins.. (Ord. 1547 , 1969 : Ord. 1478 (part) , 1969 : Ord. 1246 (part) , 1966) . 13. 48. 130 Curfew. No person shall remain, stay or loiter on or about any such park. between the hours of ten p.m. and five a.m. of the following day provided that this 386 13. 48. 140--13. 52. 010 section shall not apply to attendance at authorized commun- ity . activities in the park. (Ord. 1.246 (part) ,1966) . 13. 48. 140 Advertising and signs . No person shall an- nounce, advertise or call the public attention in any way to any article or service for sale or hire or to paste , .glue, tack or otherwise post any sign, placard, advertise- ment or inscription whatever except by written permission from the city administrator. (Ord. 1246 (part)., 1966) . 13. 48. 150 Violations--Penalty. Any person violating any provision of this chapter shall , upon 'conviction .there of be guilty of a misdemeanor, and subject to a fine of not more than five hundred dollars or be imprisoned in the city or county jail for a period not to exceed three months , or by both such fine and imprisonment. (Ord. 1246 (part) , 1966 : Ord. 1026 (part) , 1964) . Chapter 13. 52 PUBLIC BUILDINGS Sections : 13. 52. 010 Definitions. 13. 52 .020 Unlawful acts. 13. 52 .030 Smoking--Council meetings . I3. 52 . 040 Smoking--Notices prohibiting. 13. 52. 050 Violation of "Sections 13. 52.030 , 13. 52 . 040 . 13. 52. 010 Definitions. For the purposes of this chap- ter, the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly indicates a contrary meaning: (A) "Alcoholic beverages" means any and all spirituous, vinous, malt or fermented" liquor, liquids or compounds, whe- ther medicated, proprietory, patented or not, and by what- ever name called, containing one-half of one percent , or more, of alcohol by volume, which are potable or fit as , or which may be used for beverage purposes . (B) "Person" means any individual, firm, parntership, joint venture, association, social club, fraternal organiza- tion, corporation or any other group acting as a unit. . (C) "Smoke" means the act of smoking lighted tobacco and the. distribution of tobacco smoke or fumes into the air by .any means . (Ord. 1833(part) , 1973 : Ord. 1026 (part) , 1964) . i 387 r 13. 52 . 020--13. 52 . 050 i3. 52 . 020 Unlawful acts. It is unlawful .for any per- son to do or commit, or for any person to cause or permit to be done or..committed on or within the premises of any public building within the city, any of the following: (A) Disfiguration and Removal. Willfully mark., deface , disfigure , injure, tamper with, or displace or remove , any building, bridges , tables, benches , fireplaces , railings , paving or paving material, waterlines or other public util- ities or parts or appurtenances thereof, signs , notices or placards whether temporary or permanent, monuments , stakes , posts or other boundary markers, or -other structures or. equipment, facilities or park property or appurtenances whatsoever, either real or personal; (B) Restrooms and Washrooms . Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the restrooms and washrooms designated for the opposite sex; (C) Sanitation. Have brought in or shall dump, deposit or leave any bottles., broken glass , ashes , paper, boxes , cans , dirt, rubbish , waste , garbage or refuse, .or other trash; (D) Alcoholic Beverages . To consume any alcoholic beverages of any kind whatsoever; (E) Vending and Peddling. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or dis- play of any such article or thing; (F) Advertising. Announce , advertise or call the pub- lic attention in any way to any article or service for sale or hire; (G) Signs . Paste , glue , tack or otherwise post any sign, placard, advertisement or inscription whatever. (Ord. 1026 (part) , 1964) . 13. 52. 030 Smoking--Council meetings. No person shall smoke in a meeting room or chamber during regular, adjourned .regular or special. meetings of the city council and all coun- cil-appointed boards and commissions . (Ord. 1833 (part) , . 1973) . 13. 52.040 Smoking--Notices prohibiting. The city ad- ministrator shall cause notices prohibiting smoking to be posted conspicuously in all public buildings and chambers . where meetings of the council, and council-appointed boards• and commissions are held. (Ord. 1833 (part) , 1973) . 13. 52. 050 Violation of Sections 13. 52. 030, 13. 52. 040. Any person violating Sections 13. 52 . 030 and 13. 52.040 shall, upon a conviction thereof, be guilty of an .infraction, and punishable by a fine not to exceed one hundred dollars . (Ord. 1833 (part) , 1973) . i 388 t 14. 04. 010--14. 04. 030 low Title 14 WATER AND SEWERS Chapters: 14. 04 Water Department 17. 07 Service Connections 11 . 12 Fees, Rates and Deposits 14. 16 Water Use .Regulations. 11 . 20 Water Main Extensions 1T1.-2r Water Pollution 17.. 27 Construction and Abandonment of Water Wells 14- 32 Sanitation Department 14. 3 Sewer Connections 14. 0 Sewer Fees .and Deposits 1 Sewer Main Extensions 77�7 Drainage Chapter 14.04 WATER DEPARTMENT Sections : 14. 04. 010 Created-. 14. 04. 020 Water superintendent--Created. i4. 04. 030 Water superintendent--Duties . 14. 04. 040 Fluoridation. 14. 04. 010 Created. There is hereby created a water de- partment for the city which. shall embrace and include all property of every character used in or incident to the production, storage, conveyance and delivery of water to the _consumers thereof in the city, together with all other property that may from time to time hereafter_ be added to it for such purposes. (Ord. 674 , 11/57 ) . 14 . 04. 020 Water superintendent--Created. The office of water superintendent of the Huntington Beach water department is hereby created and the city council shall appoint such water superintendent who shall hold office during the pleasure of the council and shall receive such compensation for his services as the council shall direct. (Ord. 674, 11%57) . 14. 04. 030 Water superintendent Duties. The superintendent of the water department of the city shall be .responsible for the operation of the water department and the performance of the duties ,. obligations and requirements as set forth in Chap- 389 14 . 04 . 040--14. 08. 040 ters 14. 04 through 14. 20, and shall perform such other duties as may be designated from time to time by the city council. (Ord. 674, 11/57 ) . 14 . 04. 040 Fluoridation. The superintendent of the water department of the city is authorized and directed to add sodium fluoride to the water in the city water system in such amounts that the total fluoride content of such water shall not exceed one part fluoride per million parts of water. (Ord. 1594, 8/70) . Chapter 14. 08 SERVICE CONNECTIONS 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. (Ord. 674, 11/57) . 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. (Ord. 674, 11/57) . 14. 08. 030 Multiple occupancies on premises. Where more than one occupancy is placed on the same parc.el 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 super- intendent. (Ord. 674, 11/57) . 14 . 08. 040 Multiple occupancy exceptions. The following exception shall apply to. multiple occupancies on the same premises: 390 14. 0 8. 050--14. 0 8. 0 60 (_A) Where there exists a dwelling on the rear of a lot, -law' in front of which is another dwelling, one service may be provided for .such premises . The cost of such water meter installation and service shall be paid by the owner or party receiving service (B) Where two or more buildings owned by the same person are built upon the lot, said buildings may be served by one service pipe and one meter if approved by the water superintendent. (Ord. 674 (part) , 1957) . 14.08. 050 Property separation. Whenever one service pipe and meter has been serving more than one occupancy on the same : parcel of property owned by one owner, and the property owner- ship is severed, the water superintendent may in his discretion require separate service pipe and meter for each occupancy. (Ord. 674 (part) , 1957) . 14. 08. 060 Interfering with pipes . No person shall, with- out 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 water works in the city. (Ord. 674 (part) , 1957) . Chapter 14. 12 FEES , RATES AND DEPOSITS Sections : 14 . 12. 010 Service fee. 14. 12. 020 Installation and meter fees . 14. 12. 030 Installation by applicant. 1.4. 12 .040 Water rates--Designated. 14. 12 .050 Water rates--Construction purposes. 14. 12.060 Water rates--Other uses . 14. 12. 070 Private fire service rates . 14 .12 .080 Commodity adjustment clause. 14. 12. 090 Water service--Applications . 14 . 12. 100 Water service--Turn on charges . 14. 12. 110 Water rates--Turn on. 14. 12 . 120 Water rates--Date due. 14. 12. 130 Vacating premises . 14. 12. 140 Change of address . 14. 12 . 150 Renewing service. 14. 12. 160 Adjustment of rates . 14. 12 . 170 Water fund. 391 14. 12. 010--14. 12 . 040 14. 12. 010 Service fee. The water department, as a condi- tion to granting the application and furnishing water service to the premises, is authorized to charge and shall collect in ad- vance the following sums for the purpose of reimbursing the city' for the cost of the system and future replacements and ex- tensions thereof: . (A) The sum of thirty dollars for each dwelling unit on parcels containing less than ten thousand square feet. A "dwelling unit" shall be each residential quarter in hotels, apartments and motels, and each trailer space providing per- manent facilities in trailer parks. (B) For .any parcel containing ten thousand square feet of area or more, one hundred fifty dollars per acre or each fraction thereof, or thirty dollars per dwelling unit, which- ever is greater. ' A "dwelling unit" shall be any unit defined in subsection (A) above. The charge of one hundred fifty dollars per acre shall apply to all commercial and manufacturing developments, and those portions of trailer parks which accommodate overnight parking. (C) Those areas served by a water main constructed and charged as determined by another ordinance or executed agreement may be exempt from the dwelling unit charge in subsection (A) if said other ordinance or agreement charge is greater than charge per subsection (A) . (Ord. 1100 (part) , 1964: Ord. 1001, 1963 : Ord. 723, 1959: Ord. 674 (part) , 1957). . 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 the actual cost of labor and material in laying such service line, including the cost of the meters, the cost .of replacing pavement, plus ten percent 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 be- fore the work of connecting the main with the property is com- menced. 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 installa- tion was made and paid by the owner thereof. Any excess payment shall be returned to the person applying for installation. (Ord. 674 (part) , 1957) . 14. 12. 030 Installation by applicant. The water superinten- dent may in his discretion authorize an applicant to make the in- stallation at applicant' s own cost, and in conformity with the specifications set forth by the water department. (Ord. 674 (part) , 1957) . 14. 12. 040 Water rates--Designated. The water rates to be charged ana collected monthly or bi-monthly as may be determined - by the city from consumers of water supplied by the city are established and the water department is authorized and directed to charge and collect the same as follows: ..� 392 14. 12. 050 Domestic , Commercial and Industrial Service Quantity rates First 1000 cu. ft. or less $2.. 70 Next 1000 cu. ft. , per 100 cu-. ft . 0 . 24 Next 1000 cu. ft. , per 100 cu. ft. 0. 22 Next 2000 cu. ft. , per 100 cu. ft . 0. 20 Over 5000 cu. ft. , per. 100. cu. ft. 0. 18 Minimum Charges Size of service Minimum charge per month Water in cu. ft . 5/8" or 3/4" $ 2. 70 1,000 1" 4. 40 1,700 1 112" 5.10 2,000 2" 7. 30 3,000 3" 14. 70 7,000 4" 27. 30 14,000 6" 47. 10 25,000 8" 65. 00 35,000 10" 92. 10 50,000 12" 146.10 80,000 A charge of One Dollar ($1). shall+ be made for each unit in excess of one connected to each meter. "Unit" means any building or. a. portion of a building consist- ing of one or more rooms separated -from the rest of the build- ing by a partition, occupied independently of the other parts of the building, or another building. (Ord. 1901, 3/74; Ord. 1344 , 8/67; Ord. 1343-A, 8/67; Ord. 1217, 6/66; Ord. 1100,. 11/64 ; Ord. 892, 3/62; Ord. `7.51, 3/60; Ord. 674 , 11/57. ) 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 un- economical for the supply of construction water, the charge for such unmetered water shall be as follows : (a) Housing tracts or subdivisions will be charged a flat rate of Five Dollars ($5 ) per unit during construction. (b ) General Construction. (1 ) For each one hundred. (100) lineal feet of curb, Twenty Cents (20,) ; (2) For each one hundred (100 ) square feet of side- walk, Ten Cents (10,6) ; 393 14 . 12. 060--14. 12. 080 (3 ) For each one hundred (100 ) square feet of con- crete pavement , Twenty Cents (201d) ; (4 ) For each barrel of cement used for other con- struction, Ten Cents (10)6) ; (5) For settling each one hundred (100) lineal feet of backfill in trenches not over three (3) feet in depth and two (2) feet in width, Eighty Cents (80r4, ) ; (6) For larger trenches a proportional charge shall be made as estimated by the water department; . (7) For settling each one hundred (100 ) square feet of graded street, Ten_ Cents (101d) ; (8) For settling filled ground- a charge will be made for a quantity of water equal to one-third (1/3 ) the cubic contents of the fill at a rate of Twenty Cents (20,d) per one hundred (100 ) cubic feet; (9 ) For miscellaneous uses not herein specified, the quantity of water shall be estimated by the water depart- ment and charged at the rate of Twenty. Cents (201d) per one hundred (100 ) cubic feet. (Ord. 792 , 9/60; Ord. 674, 11/57) . 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. (Ord. 674, 11/57 ) . 14. 12. 070 Private fire service rates. The monthly rates for private fire service protection shall be at the following flat rates : Size of service Monthly. rate 2 inch or less $ 2. 00 3 inch 3. 00 4 inch 4. 00 6 inch 6. 00 8 inch 8. 00 10 inch 10. 00 12 inch 12. 00 (Ord. 751, 3/60; Ord. 674, 11/57 ) . . 14. 12. 080 Commodity adjustment clause . This clause shall be applicable to the areas served by the city. Water charges will be based on the- percent use of pumped water as against purchased water and their related cost . The base year shall be 1965-66 . Cost in Base Year. 1 . Orange County water district tax per acre foot . . . . . . . . . . $11. 00 2. Metropolitan Water District. 394 i 14 . 12. 090--14. 12. 120 Cost per acre foot: West Orange County feeder . . . . . . . . . . $ 33. 00 East Orange County .feeder . ... . . . . . . . . 37 .00. Schedule rate charges in all. rate blocks will be adjusted when gross costs per acre foot are above .-the base year as follows : $0 .00 to $ 3. 99 per acre foot, change $0.01 per 100 cu. ft. 4 .00 to 7.99 per acre foot, change 0 . 02 per 100 cu. ft. 8.00 to 11 .99 per acre foot, change 0 . 03 per 100 cu. ft. 12. 00 'to 15-.99 per acre foot,. change 0..04 per 100 cu. ft. 16 . 00 to 19 .99 per acre foot, change 0 . 05 per 100 cu. ft. 20 .00_ to 23. 99 per acre foot, change ' 0 .06 per 100 cu. ft. 24 . 00 to 27 .99 per acre foot, change 0 .07 per 100 cu. ft. 28. 00 to 31 .99 per acre foot, change 0.08 per 100 cu. ft. 32. 00 to 35.99 per acre foot, change 0.09 per 100 cu. ft. Minimum charge shall increase in direct proportion to the in- crease in rate blocks under the commodity adjustment clause. (Ord. 1217 (part) , 1966) . 14 . 12.090 Water service--Applications . All applications for water must be made out on the forms provided by the water department and must be signed by the applicant. All applicants other than real property owners holding title by recorded deed to the property served must deposit with the water department an amount equal to four times the sum of the minimum charge for the type of service rendered, but in no event less than ten dollars , as a guarantee that all water bills , fines and penalties shall be paid by the applicant. The deposit shall . not be returned to the applicant, unless the water service is discon- tinued, and then only in the event .that all water bills , fines and penalties of the consumer have been paid in full . (Ord. 674 (part) , 1957) . 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 turn off of water service, a charge -of three dollars shall be made for restoring the water service to the premises. (Ord. 674 (part) , 1957) . 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. (Ord. 674 (part) , 1957) . 14 .12 .120 Water rates--Date due. . All water rates are due and payable at the office of the Huntington Beach water department the day after mailing date of bill each month or bi-monthly and 395 14. 12. 130--14 . 12. 160 shall become delinquent on the fifteenth day thereafter and if not paid thirty days after the mailing date the water super- intendent is directed, through his deputies, to shut off the water from the premises and the.water • shall remain shut off until all rates, fines and .penalties have been paid. When the supply of water has .been shut off for a violation of any ordinance or of any rule, regulation or requirement of the water department governing consumers of water, it shall not be turned on again except upon payment of the amount due, together with the addi- tional sum of two dollars and fifty cents which is made a penalty for the failure to pay the said rate, and to pay the department for turning on water. (Ord. 674 (part_) , 1957) 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. (Ord. 674 (part) , 1957) . 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. (Ord. 674 (part) , 1957) . 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. (Ord. 674 (part) , 1957) . 14 .12 .160 Adjustment 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. (Ord. 674 (part) , 1957) . 396 14.12.170--14.16. 020 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 15 percent of the gross revenue received from the sale of water by the water department in lieu of franchise and property taxes. (Ord. 738, 11/59 ) . Chapter 14. 16 WATER USE REGULATIONS Sections: 14.16. 010 During fire. 14. 16. 020 Waste from improper fixtures. 14.16. 030 Meters--Property of city. 14. 16. 040 Meters--Replacement or repair. 14. 16. 050 Meters--Accuracy tests 14. 16. 060 Meters--Test deposit. 14. 16. 070 Meters--Placement. 14.16. 080 Meters--Inside ,premises. 14. 16. 090 Consumer' s responsibility. 14 . 16. 100 Fire hydrants--Maintenance. 14. 16. 110 Fire hydrants--Use. 14. 16. 120 Fire hydrants--Permits for special use. . 14.16. 130 Fire hydr,!ants--Use permit cancellation. 14. 16. 140 Fire hydr,,ants--Obstructing access. 14. 16. 150 Pressure maintenance or shut off. 14 .16. 160 Drawing water into steam boilers . 14. 16. 170 Violations',, reported. 14 . 16. 180 Sale of waj;er outside city. 14. 16. 190 Protecting; cross-connections 14.16. 010 During fir.',-. - No person shall use any water for irrigation or any ,steady flow during the progress of any fire in the city unless for protection of property, and all irrigation and sprinkling shall immediately be stopped when an alarm of fire (is sounded in any part of the city, and shall not be begun until the fire is extinguished.. . (Ord 674, 11/5 ') . 14. 16. 020 Waste from improper fixtures . No person shall waste water or allow it 'bo be wasted by imperfect or leaking stops, valves , pipEs, closets, faucets or other fixtures , or use water closetl',, without self-closing valves , or use the water for purposes 19ther than those named in the application upon which rates for water are based, *..� or use it in violation of any of the. provisions of any 397 14 . 16. 030--14. 16. 060 . ordinance of this city, provided further that no person shall drain or permit water to . drain upon .any public street or alley , or over any private property not owned by such person. (Ord. 674, 11/57) . 14. 16. 030 Meters--Property of city. All water service and water meters installed or required to be installed by the city water department shall remain at all times the property of the city and shall be main- tained, repaired and renewed by the water department when rendered unserviceable by normal wear and .tear. (Ord. 674, 11/57) • 14. 16. 040 Meters--Replacement or repair. Where re- placements, repairs or adjustments of any meter are rendered necessary by an act resulting from malice, carelessness or neglect of the consumer or any member of his family, or any one employed by him, and any damage which may result from hot water, or steam from water heater, boiler or otherwise, shall be charged to and paid for by such consumer to the water department on presentation of a bill therefor; and in case such. bill -is not paid, the water shall be shut off from such premises and shall not be turned on again until all charges are paid. No person shall interfere with or remove from any service any water meter. which has been so attached. (Ord. 674, 11/57) . 14.16.-050 Meters--' Accuracy tests. Where the accuracy of record of a water meter is questioned, it shall be removed at the consumer' s request and shall in his presence be tested in the shops of the water department by means of the apparatus there provided, and a report thereon duly made. Both parties to the test must accept the findings so made. If the test discloses an error against. the consumer of more than three percent (3X) of the meter' s registry, the excess of the consumption on- the three percent (3%) readings shall be credited to the consumer' s meter account , and the water department will bear the entire expenses of the test, and the deposit required as hereinafter prescribed shall be returned. On the other hand, where no such error is found, the person who has requested the test shall pay the charge, fixed for such test. (Ord.. 674, 11/57) . 14 .16. 060 Meters--Test deposit . Before. making a test of any meter, the person requesting such a test shall, at the time of filing his request, make a deposit with the water department of the amount charged for such a test, subject to the conditions herein stated, which charges are fixed as follows : 398 . i 14. 16. 070--14 . 16. 110 For testing 5/8 inch meters $ 2 . 50 .rr For testing 1 inch meters . . . . ::. . . . . . : . 2. 50 For testing 1 1/2 inch meters . . . . . . . . . 5: 00 For testing 2 inch meters . . . . 10 .00 For testing 4 inch meters . . . . . . . . . . . . . 40 . 00. No meter shall be removed, or in any way disturbed, nor the seal broken, except in the presence of or under the direction .of the superintendent. . (Ord. 674 (part) , 1957) . 14 .16.070 Meters--Placement. All meters of the water department_shall, be ,placed at the curb. line of the street or near the property line in' alleys , whenever and wherever practicable, and be protected and maintained as a part of the operation of . the department: (Ord. 674 (part)., .1951) . 14616.080 Meters--Inside premises . where a water meter is placed inside the premises of a consumer, for the convenience of the consumer, provisions shall be made for convenient meter reading and repairing by representatives of the department. Failure to .make such provisions by the consumer shall be sufficient cause for removal of such meter at the option of the superintendent of the department and the withholding of service until installation is made at the curb line as herein provided. (Ord: 674 (part) , 1957) . 14 . 16 ..09-0 Consumer 's responsibility-: The city shall in no way whatsoever be ' responsible for any damage to person or property because of any leakage; breakage or seepage from, or accident or damage to ahy meter or" pipe situated within any private premises, and the city shall not be . responsible for any leakage, , breakage or seepage for any pipe situated between any meter properly installed at the curb and the private premises served thereby nor shall the city be responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any meter or pipe situated upon private property. (Ord. 674 (part) , 1957) . 14 ..16: 100 Fire hydrants--Mainteh-ante : Public fire hydrants- shall be placed, maintained and repaired by the water .department. Any damage thereto by persons or agency other than representatives of. the fire and water depart- ments-, shall be. a claim against the person or agency committing such damage, and the superintendent shall take such action as may be necessary to collect the same. (Ord 674 (part) , 1957) . 14 .16 . 110 Fire hydrants--Use. Fire hydrants are provided for the sole purpose of extinguishing fires and 399 14 . 16. 120--14. 16. 160 shall be used otherwise only as herein provided for, and shall be opened and used only by the water and fire departments or such persons as may be authorized to do so by the chief of the fire department, or the superintendent of the water department as herein provided. (Ord. 674 (part) , 1957) . 14 . 16 . 120 Fire hydrants--Permits for special use. All persons desiring to use water through fire hydrants, or other hydrants, owned or controlled by the city, shall be required to obtain a permit, first, from the chief of the fire depart- ment, second, from the superintendent of the water depart- ment, who shall issue no . such permit to any person who has violated any of the provisions of this title or whose indebtedness to the city of water used or damage to hydrants or equipment is delinquent. All such persons having permit for use of water from the fire hydrants must provide hydrant wrenches for the operation of such fire hydrants.. (Ord. 674 (part) , 1957) . 14 .16 .130 Fire hydrant--Use permit cancellation. Permit for the use of water through the fire hydrants of the city may be cancelled at the will of the superintendent on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. (Ord. 674 (part) , 1957) . 14 . 16 .140 Fire hydrants--Obstructing access . No person shall obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material or willfully or carelessly injure the same, or open or . operate any fire hydrant, or draw or attempt to draw water therefrom, except as provided in Section 14..16 .120 . (Ord. 674 (part) , 1957) . 14 .16.150 Pressure maintenance or shutoff. The water department shall not accept any responsibility for the maintenance of. pressure and it reserves the right to shut off the water from any premises, or from any part of the distribut- ing system, as long as necessary without notice to consumers, at any time of emergency, but in all cases of extensions or connections, the department shall notify, occupants of the premises of the necessity of shutting off water and the probable length of time the water shall be so. shut off before taking such action. (Ord. 674 (part) , 1957) . 14 .16.160 Drawing water into steam boilers : No stationary steam boiler shall be connected directly with the water distribution system of the city, but in each and every case a suitable tank of storage capacity sufficient for a twelve hours supply for said boiler shall be provided and the service pipe supplying the tank shall discharge directly into the top ' of the tank. (Ord. 674 (part) , 1957; . 400 14. 16. 170--14. 16. 190 14 . 16 .176 Violations reported. It- shall be the duty of the employees of the police, fire and street departments to give vigilant aid to the superintendent in the enforcement of the provisions of this chapter and to. this end they shall report all violations thereof which come. to their knowledge, to the water department and it shall be the duty of the chief of the fire department to report immediately to the super- intendent in case of fire in premises having metered service for fire protection purposes that fire Teas occured there. (Ord. 674 (part) , 1957) 14 .16.180 Sale- of water outside cif. Is is unlawful for the city water department to sell water to consumers outside the city, or to allow any consumer outside the city to use any water furnished by the city system unless the city council shall by resolution determine and declare a surplus of water exists in .excess of that required .by the inhabitants of the city.. (Ord. 674 (part) , 1951) . 14 . 16..190 Protecting cross-connections . An approved double-checked valve or other ap.proved .backflow .protection devices shall be 'installed in all existing water systems of all consumers within ninety, days of . the passage of the ordinance codified herein and in all systems installed there- after, at the expense of- the consumer, before service will be continued or granted when any one of the following conditions apply (A) Where . an unapproved fresh water supply is already available from a well, .spring, reservoir or other source. If the, consumer agrees to abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this supply the installation of backflow pro- tection devices will not be required; (B). Where sale water or water otherwise polluted is available for industrial or fire protection purposes ; (C) Where the premises .are or may be engaged in in- dustrial processes using or producing process waters or liquid industrial wastes or where the premises are or may be engaged in handling sewage or any other dangerous substance (D) Where the circumstances are such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixtures of water-.using or treating equipment, or storage tanks and reservoirs ; (E) Where the premises are used for, a trailer park; (F) Under special circumstances , when the consumer is engaged in the handling of especially dangerous or corrosive liquids of industrial or process waters ,. the city may. require the consumer to eliminate certain plumbing or piping connections as an additional precaution and as .a protection to the back- flow preventive devices; 401 14. 16. 190 (G) As a protection to the consumer 's plumbing system, a suitable pressure relief valve mast be installed and main- tained by him at his expense, when check valves or other protective devices are used The relief valve shall be installed between the check valves and the water heater; (H) .Whenever backflow protection has been found necessary on a water supply line entering a consumer 's premises, then any and all water supply lines from the city 's mains entering such premises, buildings or structures shall be protected by an approved backflow device, regardless of the use of the additional water supply lines; (I) Two or more services supplying water from different street mains to the same building, ' structure or premises through which an inter-street main flow may occur, shall have a standard check valve on each water service to be located adjacent to and on the property side of the respective meters; (J) Such check valves shall not be considered adequate if backflow protection is deemed necessary to protect the city's mains for pollution or contamination, but the installa- tion of approved dual backflow devices at such meters shall take the place of, and satisfy the requirement for standard check valves; (K) The double check valve or other approved backflow protection devices may be inspected and tested periodically for water tightness by the city; (L) The owner of any premises on which. or on account of. which check valves or other protective devices are installed shall inspect these devices for water tightness and reliability at least every three months . The devices shall be serviced, overhauled or replaced whenever they are found defective and all cost of repair and maintenance shall be borne by the consumer. Certified records .of such inspections and operations will be required by the city; (M) The service of. water to any premises may be immediately discontinued by the city if any defect is found in the check valve installations or other protective devices, or if it is found that dangerous cross-connections exist. Service will not be restored until such defects are corrected. (Ord. 674 (part) , 1957) . Chapter 14 . 20 WATER MAIN EXTENSIONS Sections- 14 . 20 . 010 Application--Deposit--Installation. 14 . 20. 020 Oversized mains--Decision of superintendent. 402 14 . 20.010--14 . 20 . 030 Sections: (Continued) r+ 14 . 20 .030 Main size determination. 14 . 20 . 040 Oversize mains--Installation. 14 . 20. 050 Oversize mains--Cost paid by applicant. 14 . 20..060 Oversize- mains--Refund conditions . 14 . 20 . 070. Subdivided land shall have water rights deeded. 14 . 20 . 010 Application--Deposit--Installation. Any person, as owner or. subdivider 'of a single lot, subdivision or tract of land, who desires the extension of water mains and services to such lot., subdivision or tract of land, shall file a written application with the water department. Any number of persons may join together in .a single application. (A) The water department shall determine the size, locations and total costs for such extension, and shall on approval of such extension, collect from the applicant a deposit covering the total estimated cost of installing all facilities from the nearest existing main line of adequate capacity. (B). The term "all facilities" includes distribution mains, services, fire hydrants , etc. (C) If and when the applicant has complied with all requirements of the water department and made the deposit as herein required, the water department shall install such mains and services , subject to provisions of subsection (D) below, such line shall thereupon become and remain the property of the city water. department. (D) In the event the deposit was in excess of the act•ial cost of installation the excess amount shall be returned to the applicant. In the event the deposit was less than the actual cost of installation the applicant shall immediately pay to the water department the deficit. (E) If in the opinion .of the superintendent of the water department it is for the best interests of.. the city, he may authorize the applicant to install the extension lines at applicant' s sole cost and expense in accordance with specifications approved by the superintendent, and such line shall thereupon become and remain the property of the city water department. (Ord. 674 (part) ,. 19.57) . 14 . 20. 020 Oversized mains--Decision of superintendent. Whenever an application for extension of a main line is received, the superintendent shall determine whether the best interests of the city water system would be served by a line larger than required by the applicant 's need. In the event the 'super- indent so determines , he shall require the larger size line to be installed. (Ord. 674 (part), 1957) . 14 . 20 . 030 Main size determination. The determination of the superintendent of the water" department as to the size of the line necessary to meet applicant 's need and his 403 14. 20. 040--14 . 20. 070 determination of the size of the line which would best serve the interest of the city water system shall be final and binding on applicant . (Ord. 674 (part) , 1957) . 14 . 20 .040 Oversize mains--Installation. When the superintendent of the water department has determined that the city water system will be best served by a line larger than needed for applicant 's use, the superintendent shall require the installation of such oversize line in accordance. with the provisions of Section 14 . 20 .010 . (Ord. 675 (part) 1957) . 14 . 20 . 050 Oversize .mains--Cost paid by applicant. The cost of installing the oversize line shall. be paid for by the applicant, subject to the provisions for refunds as hereinafter set forth . (Ord. 674 (part) , 1957) . 14 . 20 .060 Oversize mains--Refund conditions. Notwith- standing any other provisions of this chapter, the payment of refunds shall be governed as follows : (A) Refunds shall be payable for a period of five years only from the date of applicant' s application for main line extension. (B) Refunds shall be made from subsequent development as set forth in Section 14 .12 .010 of the Huntington Beach Municipal Code . (C) Refunds shall not exceed ninety percent of offsite construction costs . (D) Refunds shall bear no interest. (E) Refunds shall be payable only to the original applicant or applicants . Upon death of applicant, the right to refund shall terminate. In the event applicant is a partnership or corporation, the dissolution of the partnership or corporation -shall terminate the right to refund. (F) The city and city water department shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connect- ing into the main line paid . for by applicant. (G) The city water department 's refusal to allow any connection or connections into the main line paid for by applicant shall not make the city or city water department liable to applicant for any refund which might have accrued to applicant if such connection had been permitted. (H) The city retains the right to allow a connection by any public agency exempted from payment of connection fees and city shall not be liable to applicant for refund because of the connection. (Ord. 762, 1960) . 14. 20. 070 Subdivided land shall have water rights deeded. Whenever land is to be subdivided, any water wells, mains and easements needed therefor, which may be appurt- tenant thereto or which may be used exclusively thereon, shall be deeded to the city in consideration of the city approving , any application for city water to be placed on such tract or 404 i 14. 24. 010=-14 .24. 020 subdivision. The deed to the city shall be executed before . any such application shall be approved by the superintendent .. However, where water wells and -equipment, as described above, . are used to supply water to additional land not subdivided, the city may allow such wells and equipment to continue to supply such unsubdivided portion until such time as such parcel is subdivided into, four or more . parcels of land containing five (5) acres or less: (Ord. 674, 11/57 ).. Chapter 14. 24 WATER POLLUTION Sections: 14.24. 010 Enforcement and administration. 14.24. 020 Definitions. 14 .24.030 Prohibited deposits . 14. 24. 035 Storm drain and sewer use. 14. 24. 040 Industrial waste disposal--Permit--Required. 14. 24. 050 . Industrial waste disposal--Permit--Application. 14. 24. 060 Industrial waste disposal--Permit--Decision. 14.24. 070 Industrial waste disposal--Issuance. 14.24. 080 Industrial waste disposal--Limitations. 14. 24. 090 Industrial waste disposal--Acts prohibited. 14. 24.100 Industrial waste disposal--Permit--Term. 14. 24. 110 Industrial waste disposal--Permit--Transfer. 14. 24. 120 Compliance tests and inspections . 14. 24. 130 Cooperation- by other departments. 14. 24. 14.0 Enforcement. 14 . 24. 150 Notice of violation. 14. 24 .160 Continued violation--Activity cessation. 14 .24 .170 Permit--Suspension. 14. 24.180 Permit--Revocation. 14. 24.190 Permit--Revocation--Proceedings . 14. 24: 200 Permit--Revocation--Hearing. 14 . 24: 210 Hearing--Requests. 14. 24. 220 Hearing--Notice. 14. 24. 230 Hearing--Appearances. 14. 24. 240 Hearing--Decision. 14. 24. 010 Enforcement and administration. The county of Orange and all of its offices, employees and agents are authorized and empowered to enforce and administer the pro- visions of this chapter within the city of Huntington Beach, California. (Ord. 1593, 8/70) . 14. 24. 020 Definitions . As used in this chapter, unless the context otherwise requires:. (a) "Department" means any department of the city or the county of. Orange. (b ) "Director" eans the duly appointed administrator appointed by the board of. supervisors of the county of Orange. 405 14. 24 . 030--14. 24. 035 (c) "Industrial waste" means any and all liquid or solid waste substance not sewage from any producing, manufacturing or processing operation of whatever nature. It shall include _ sewage mixed with "industrial waste" ; however, it shall not .include domestic sewage from residences, business buildings and institutions containing only waste from waterclosets , wash water, baths and kitchens. (d) "Pollution of underground or surface waters" means any condition resulting from the depositing or discharging of industrial waste which impairs or contributes to the impairment of the usefulness of waters for human or animal consumption or domestic, agricultural, industrial or recrea- tional purposes, or any other useful purposes . (e) "Public agency" means and includes the United States or any department or agency thereof, the state or any depart- ment or agency thereof, county, city, public corporation, municipal corporation or public district. (f) "Public sewer" means the main line sewer, publicly owned or maintained, constructed in a street, highway, alley, place or right-of-way dedicated to public use. (g) "Sewage" means any waste, liquid or otherwise, associated with human occupancy of buildings including sewage effluent and water contaminated with offal, filth and feculent matter. (h) "Underground or surface water" means any surface or subterranean stream, watercourse, lake or other body of water, and shall include water wells. and any underground or surface storage reservoir, whether natural or artificial. (Ord. 1593, 8/70) . 14. 24. 030 Prohibited deposits. No person shall discharge or deposit or cause or suffer to be discharged or deposited from any source any industrial waste in a manner which will or may cause or result in the pollution of any underground or surface waters. (Ord. 1593, 8/70) . 14. 24. 035 Storm drain and sewer use. No person, firm or corporation shall discharge or cause to be discharged any sewage, waters, vapors or industrial wastes that have any one of the following characteristics: (a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; (b) Any ashes , cinders, sand, mud, straw, shavings, metal, glass , rags, feathers, tar, plastic, wood, paunch manure, or any other solid. or viscous substance capable of causing obstruc- tion to the flow in sewers or other interference with the proper operation of the sewage or storm drain works; (c ) Any industrial wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process , constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant; (d) Any noxious or malodorous gas or substance capable of creating a public nuisance; 4o6 14*. 24. 035--14. 24. 050 (e) Any liquid or vapor having a temperature higher than eighty-five degrees (850 ) Fahrenheit unless properly treated for scale inhibition; (f) Any industrial wastes which may contain more . than two hundred (200 ) parts per million, by weight, of fat, oil or grease. (Ord. 1320, 6/67; Ord. 1253, 4/66) . 14. 24. 040 Industrial waste disposal--Permit--Required. No person shall discharge or deposit or cause or suffer. to be deposited or discharged any. industrial waste into or upon any area in the city, or into any underground or surface. waters in the city .where such industrial waste is . or may be deposited upon or may be carried through: or over any - area of the city or county of Orange except in conformity with the provisions of this chapter, and unless he shall have first secured, in the manner hereinafter provided, a permit so to do from the director; provided, however, a permit shall not be required for the discharge of industrial waste into a public sewer with an ocean outfall. (Ord.. 1593, 8/70) . 14. 24. 050 Industrial waste disposal--Permit--Application. Applications. for permits required hereunder shall be filed with the director upon printed forms to be prescribed and supplied by him. The director may require any additional information, (The next page is 407) 406-1 14 . 24 . 060--14. 24. 100 including plans and. specifications which he may deem .✓' necessary for .the proper disposition of the . application. (Ord. 1593 (part) , 1970). . 14 . 24. 060 Industrial waste disposal--Permit--Decision. Within thirty days after the receipt of all of the information requested. of an applicant, the director shall either grant or deny the permit and shall immediately notify the applicant . by first class mail of the action taken. (Ord. 1593 (part) , 1970) . 14 . 24 . 070 Industrial waste disposal--Permit--Issuance. The director shall issue a permit for. industrial waste disposal if he determines that: (A) The material to be discharged or deposited in the manner .proposed will not cause or result in the pollution of any underground or surface waters, as herein prohibited; and (B) Under existing circumstances and conditions it is reasonable and necessary to dispose of. the waste in. the manner proposed. (Ord. . 1593 (part) , 1970) . 14 . 24 .080. Industrial waste disposal--Limitations . The director. may incorporate in any permit issued pursuant , to this chapter, such limitations or conditions as may be reasonably necessary to effectuate the purpose of this chapter and may from time to time, review .the limitations or conditions . + which have been incorporated in any permit theretofore issued, giving consideration to changed conditions, and may, whenever in his judgment it is advisable or required in order to maintain the waters of the city and .county free from pollution, alter, revise, modify, delete or add further limitations or conditions applicable to any permit theretofore issued. No such alteration, revision, modification, deletion or addition of limitations or conditions shall be effective, however, until notice in writing thereof shall have been served upon the permittee in the manner provided by Section 14 . 24 .150 . (Ord. 1593 (part) , 1970) . 14 . 24 . 090 Industrial waste disposal--Acts prohibited. A permit issued under this chapter does not authorize any act or acts forbidden by any law, rule, regulation or order of any public agency or department and such fact shall be so stated on. the face of all permits issued (Ord. 1593 (part) , 1970) . 14 . 24 .100 Industrial waste disposal--Permit--Term. A permit for the disposal of industrial waste shall be valid until suspended or revoked in the manner hereinafter provided. (Ord. 1593 (part) , 1970) . 407 14. 24 . 110--14. 24. 150 14 . 24 .110 Industrial waste disposal--Permit--Transfer. The director may transfer a permit to the successor in interest of a permittee upon the filing by the successor in interest of a written application therefor, together with such evidence of transfer of title or interest as the director may require; provided, however, a permit shall not be transferable from one location to another. The director shall immediately notify by first class mail, the person requesting a transfer of a permit of the action taken. (Ord. 1593 (part) , 1970) . 14 . 24 .120 Compliance tests and inspections . For the purpose of securing compliance with this chapter, the director shall make periodic tests of samples of industrial waste. obtained from the place or places of discharge or deposit, and such other tests deemed necessary for proper administration hereof. For the purpose of making such tests or inspections, the director or his duly authorized deputies or agents shall be permitted at all reasonable hours to enter any permise§ or place where industrial waste is being. or is proposed to be discharged or deposited, or where there may be a violation of this chapter. (Ord. 1593 (part) , 1970) . 14 . 24.130 Cooperation b� other departments. In carrying out the duties imposed upon him, the director may request and receive the aid of any other city or county department. (Ord. 1593 (part) , 1970) . 14 . 24 .140 Enforcement. The director shall enforce this chapter and shall , upon his own initiative or may upon the complaint of any person, investigate any violation of this chapter, or of any permit issued hereunder. For such purpose, he shall have the powers of a peace officer. (Ord. 1593 (part) , 1970) . 14 . 24 .150 Notice of violation. Whenever the director finds that any person is acting in violation of any provision of this chapter or of any permit issued hereunder, he shall serve upon the person causing or suffering such violation to be committed, including the permittee, if a permit has been issued, a notice of violation. The notice shall state the act- or acts constituting the violation and shall direct notice as the director may deem reasonable. Unless otherwise .expressly provided, any notice under this chapter required to be given by the board of supervisors or the director shall be in writing and may be served either in the manner provided in the Code of Civil Procedure for the service of processor by registered mail . When service is by registered mail, the notice .shall be sent to the last address given to the director. . (Ord. 1593 (part) , 1970) . 408 14.24.160--14. 24. 200 14. 24. 160 Continued violation--Activity cessation. Whenever the director finds that the continued violation of i any provision of this chapter or of the conditions of any permit issued hereunder is so aggravated that the prevention of pollution of underground or surface waters requires the immediate cessation of the activities causing the violation, he may so direct in a notice of violation. A person who has been so notified shall immediately cease all such activities and shall not resume them until the director determines that all of the violations charged in the notice have been corrected. (Ord. 1593, 8/70) .. 14. 2.4:. 170 Permit--Suspension. _ The director .may suspend a permit by giving notice thereof to the permittee: (a) When a permittee fails to rectify a violation within the time specified in a notice thereof; or (b ) When a violation. is so aggravated as to require cessation of activities as provided in the preceding section. A permit suspended by the director shall be reinstated by him when all of the violations charged in a notice thereof have been corrected. (Ord. 1593, 8/70) . 14. 24. 180 Permit--Revocation. The board of supervisors may, after notice and hearing as -hereinafter provided, revoke a permit on any one or more of the following grounds: (a) Fraud or deceit in obtainirig. a permit; (b ) Failure of a permittee to correct a violation within the time prescribed in a notice of violation; (c) Willful violation of any provisions of this chapter of a condition or limitation of a permit, or of any lawful order of the director. (Ord. 1593, 8/70) . 14. 24. 190 Permit--Revocation--Proceedings . Proceedings for the revocation of a permit may be initiated: (a) By the director by serving upon the permittee a copy of and filing with the county clerk, a written recommen- dation of revocation setting forth the grounds therefor and requesting a hearing thereon before the board of supervisors; or (b ) By the board of supervisors, .on its own motion or upon complaint of a third person, by serving or causing to be served upon the permittee and the director, a notice of intention to revoke, setting forth the grounds therefor and designating a time and place for hearing thereon. (Ord. 1593, 8/70) . 14. 24. 200 Permit--Revocation--Hearing. A person who is dissatisfied with An action of the director may request a hearing before the board of supervisors. Except as specified in Section 14. 24 . 160, the decision of the director shall be suspended pending the decision of the board of supervisors (Ord. 1593, 8/70) . low 409 j 14 .24. 210--14 . 24 . 240 14 . 24 . 210 Hearing--Requests . Any person who feels him- self aggrieved by an action of the director: (a) Denying an application for a permit or incorporating limitations or conditions in a permit; (b) Denying an application for the transfer of a permit; (c ) Ordering the correction of a violation of any provision of this chapter, or of a condition or limitation of a permit issued hereunder; (d) Directing the cessation of operations pending the correction of a violation; or (e) Suspending or refusing to reinstate a permit suspended by him, may, within thirty days after receipt of a notice of the action complained of, serve upon the director a copy of and file with the county clerk a written request for a hearing before the board of supervisors . The request shall set forth in concise language the particular action or actions complained of and the reasons why the person or permittee feels himself aggrieved thereby. Failure to file a request for hearing within the time pre- scribed herein shall constitute a waiver of any objection to the action of the director and his action shall be final (Ord. 1593, 8/70 ) . 14 . 24 .220 Hearing--Notice . When a request for hearing is filed with the county clerk, the board of supervisors shall set the matter . for hearing and give notice of the time and place thereof to the person requesting the hearing, the director and any other person or public agency requesting notice thereof. The hearing shall be held not more than. thirty days after a written request therefor has been filed with the county clerk and not less than ten .(10) ,days after the issuance of the notice thereof. (Ord. 1593, 8/79) . 14 .24.230 Hearing--Appearances . At the time and place set for hearing, the person requesting the hearing, the director and, any interested person or public agency may appear and' be heard either in person or by counsel. (Ord. 1593, 8/70) . 14. 24 . 240 Hearing--Decision. The board of supervisors shall, within thirty 30 days after conclusion of the hearing, render its decision. The board of. supervisors may : (a) Confirm the action of the director; (b ) Direct the director to issue a permit with or without such conditions or limitations as the board may deem appropriate; (c) Vacate or modify the suspension of permit; (d) Cancel a notice of violation or modify such notice in such particulars as the board may deem appropriate; (e ) Direct the director t,o transfer a permit; (f) Revoke a permit on any of the grounds specified in Section 14 .24. 180.. (Ord. 1593, 8/70) • 410 14 . 26. 010--14 . 26 . 050 Chapter 14. 26 CONSTRUCTION AND ABANDONMENT OF WATER- WELLS Sections: 14. 26. 010 Adoption of county regulations . 14 . 26. 020 Requirements augment existing regulations . 14 . 26. 030 Designation of advisory board. 14 . 26. 040 Adaptation of designations . 14. 26. 050 Permit fee schedule. 14. 26. 010 Adoption of county regulations. Except as herein otherwise provided, that certain document entitled Ordinance No. 2607 of the county of Orange relating to construc- tion and abandonment of wells as compiled and adopted by the county of Orange, three (3) copies of which have been filed with the city clerk of the city of Huntington Beach for use and examination by the public, is adopted and enacted as the Well Construction and Abandonment Ordinance of the city of Huntington Beach as fully as though the same were set forth herein, and for the purposes stated therein. (Ord. 1919, 5/74) . 14. 26. 020 Requirements augment existing regulations . The requirements of this chapter shall be in addition to any other requirements of the, city of Huntington Beach, and before a permit is issued by the . city, satisfactory proof of compliance with all provisions relating thereto must be presented to the director of public works . (Ord.. 1919, 5/74 ) . 14:26. 030 Designation of advisory board. The Orange County Well Standards Advisory Board, established by Orange County Ordinance No. 2607 dated July 18, 1972, is designated as the Well Standards Advisory Board of the city of. Huntington Beach. (Ord. 1919, 5/74 ) • 14 . 26. 040 Adaptation of designations. a Any reference to ' unincorporated territory" in said Orange County Ordinance No . 2607 shall mean "territory within the boundaries of the city. " (b ) Reference to Government Code Section 28545 in Orange County Ordinance No. 2607 shall mean Section 28773. 5 of the Government Code, the appropriate section applicable to cities . (Ord. 1919, 5/74 ) . 14 . 26. 050 Permit fee schedule. The city council shall adopt, by resolution, an appropriate permit fee schedule for construction, reconstruction and. abatement of abandoned wells . (Ord. 1919, 5/74 ) . (The next page is 416. ) 411 14.32. 030 Chapter 14. 32 SANITATION DEPARTMENT Sections: 14. 32. 010 Created. 14. 32. 020 Sanitation superintendent--Created. 14 . 32. 030 Sanitation superintendent--D.uties. 14. 32.010 Created. There is created a sanitation depart- ment for the city which shall embrace and include all property of every character used in or incident to the collection, convey- ance, storage, treatment and disposal of sewage in the city together with all other property that may from time to time hereafter be added to it for such purposes. (Ord. 741, 12/59) . 14. 32. 020 Sanitation superintendent--Created. The office of sanitation superintendent of the Huntington Beach sanitation department is created and the city council shall appoint such sanitation superintendent who shall hold office during the pleasure of the council and shall receive such compensation for his services as the council shall direct . . (Ord.. 741, 12/59 ) . 14. 32. 030 Sanitation superintendent--Duties. The super- intendent of the sanitation department of the city shall be responsible for the operation of the sanitation department and the performance of the duties, obligations and requirements as set forth in Chapters 14. 32 through 14. 44 of the Huntington Beach Municipal Code, and shall perform such other duties as may be designated from time to time by the city council. (Ord. 741, 12/59 ) . (The next page is 417) 416 14. 36. 010--14. 40 . 010 Chapter. 14 . 36 SEWER CONNECTIONS Sections : 14 . 36 .010. Application form. . 14 . 36. 020 Interfering with pipes. . 14 . 36.030 Inspection of connection. 14 . 36. 010 Application form. Before a connection may be made to the city sewer system for any person or for any premises, such person or occupant of such premises shall make written application for such services upon a form provided by the city sanitation department. Performance of this work is subject to the conditions of Sections 12 .12 .090 through 12 .12.130 . (Ord. 741 (part) , 1959) . 14 . 36 . 020 Interfering with pipes . No person shall, with- out the permission of the sanitation superintendent, or his duly appointed agents or employees, remove, change, disturb or in any way tamper with or interfere with any of the facilities, apparatus, appliances or property used or maintained for the reception, conveyance, treatment, storage or disposal of sewage by the city; .nor shall any person without the permission of the sanitation superintendent install any pipe, apparatus, appliance +ram or connection to .any part of the system of sewer works in the city. ' (Ord. 74.1 (part) , 1959) . 14 .36. 030 Inspection of connection . Any connection to the city sewer system shall be inspected by the sanitation superintendent. Inspections shall be called for at the time of entering the sewer and when work is completed within the public right-of-way. " No backfili may be placed prior to in- spection . and approval of the connection. (Ord. 741 (part) , 1959) . Chapter 14 .40 SEWER FEES AND-DEPOSITS Sections : 14 . 40 .010 Connection fee . 14 . 40 .020 Service fee. 14 .40 .030 User 's responsibility . 14 . 40 . 010 Connection fee. The sanitation department as a condition to granting the application for sewer connections, is authorized to charge and shall collect in advance those sums which shall be established by the city council. for the purpose of reimbursing the city for the cost of the system and future replacements and extensions thereof. (Ord. 741 (part) , 1959) . 417 14 . 40. 020--14. 40. 030 14 .40 .020 Service fee. The sanitation department, as , a condition to granting the application and furnishing sewer service to the premises, is authorized to charge and shall collect in advance the following sums for the purpose of re- imbursing the city for the cost of the system and future re- placements and extensions thereof : (A) The sum of ninety dollars for the first dwelling unit, plus the sum of sixty dollars for each additional dwelling unit on parcels containing less than ten thousand square feet in area, except those properties covered by subsections (C) and/or (D) . A "dwelling unit" shall be . each residential quarter in hotels , apartments and motels; each trailer space providing permanent facilities in trailer parks . (B) For any parcel containing ten thousand square feet of area or more, three hundred dollars per acre or each fraction thereof or sixty dollars per dwelling unit whichever is greater, except those properties covered by subsections (C) and .(D). A "dwelling unit" shall be any unit which is included in the definition as given in subsection (A) . Three hundred dollars per acre shall apply to all commercial and manufacturing developments, and those portions of trailer parks which accom- modate overnight parking. (C) In the area bounded on the west by 23rd Street and Goldenwest Street, on the east by Beach Boulevard, on the south by the Pacific Coast Highway and on the north by Clay Street the service fee for the first unit will not be charged but sixty dollars for each "dwelling unit" in excess of one per lot will be charged, except those properties covered by subsection (D) . (D) For those areas .served by a sanitary sewer constructed and charged on a front foot basis as determined by a separate agreement or by a separate section of the ordinance, the amounts specified in said agreement or ordinance shall be charged, un- less these amounts are less than that provided in subsections (A) , (B) , or (C) . The ordinance or agreement which would provide the greater fee will apply. (Ord. 1100, (part) , 1964 : Ord. 1001 (part) , 1963) . 14 . 40 . 030 User ' s responsibility . The city shall in no way whatsoever be responsible for any damage to person or pro- perty because of any leakage, breakage or seepage from, or accident, or damage to any sewer pipe or its appurtenances situated within any private premises, nor shall the city be responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any sewer pipe or its appurtenances situated upon private property. (Ord. 741 (part) , 1959) . 418 14. 44. 010--14 .44 . 050 Chapter 14 . 44 SEWER MAIN EXTENSIONS Sections : 14 . 44 .010 Application. 14 . 44. 020 Size, location and costs determined. 14 .44 . 030 Installation upon compliance. 14 .44 .040. Deposit refund. 14 .44 . 050 . Installation costs paid by applicant. 14 .44 .0.60. Oversize .extensions--When. . 14 .44 : 070 Oversize extensions--Decision. 14 .44 .080 Oversize extensions--Installation. 14 .4.4. 090. Refund conditions, 14 . 44 . 010 Application. Any person, as owner or subdivider of a single lot, subdivision .or tract of land, who desires the extension of sewer mains and connections to such lot, subdivision or tract of land, shall file .written application with the sanitation department. Any number of persons may join together in a single application. (Ord. 741 (part) , 1959) . 14 .44 . 02Q Size, location and costs determined. The sanitation department shall. determine the size, locations and total cost for such extension, and shall on approval of such extension, collect from the applicant a deposit covering the total e.stimated cost of installing all facilities from the nearest existing main of adequate capacity. (Ord. 741 (pant) , 1959) . 14 . 44 .03.0 Installation upon compliance . If and when the applicant has complied with all the requirements of the sanitation department and made the deposit as herein required, the sanitation department shall install such mains. and connections, subject to provisions of Section 14 .44 .040 , such sewer mains , connections and appurtenances become and remain the property of the city. (Ord. 741 (part) , 19.59) . 14 . 44 . 040 Deposit refund. . In the event the deposit was in excess of the actual cost of installation the excess amount shall be returned to the applicant. In the event the deposit was less than the actual cost of installation the applicant shall immediately pay to the sanitation department the deficit. (Ord. 741 (part) , 1959) . 14 .44 .050 Installation costs paid by applicant. If in the .opinion of the superintendent of the sanitation department it .is for the best interests of the city, he may authorize the applicant to install said extension at applicant's sole cost and expense in accordance with specifications .approved by 419. 14. 44. 060--14. 44. 090 the superintendent, and such sewer main and appurtenances shall thereupon become and remain the property of the city. (Ord. 741 (part) , 1959) . 14 . 44 .060 Oversize extensions--When. Whenever an applicant for extension of a sewer main is received the superintendent shall determine whether the best interests of the city would be served by amain larger than required by the applicant's need. In the event the superintendent so determines,, he shall require the larger size line to be installed. (Ord.. 741 (part) , 1959) . 14 .44 .070 Oversize extensions--Decision. The determina- tion of the superintendent of the sanitation department as to size of the sewer main necessary to meet the applicant' s need and his determination of the size of sewer main which would best serve the interest of the city shall be final and binding on the applicant. (Ord. 741 (part) , 1959) . 14 . 44 .080 Oversize. extensions--Installation. When the superintendent. of the sanitation department has determined that the city sanitation system will be best served by a sewer main larger than needed .for applicant's use, the superintendent shall require the installation of such oversize sewer main. (Ord. 741 (part) , 1959) . 14 . 44 .090 Refund conditions . Notwithstanding any other provisions of this chapter the payment of refunds shall be governed as follows : (A) Refunds shall be payable for a period of five years only. from date of applicant 's application for sewers; (B) Refunds shall be made from subsequent development at the rate per acre developed set forth in Section 14. 40. 020; (C) Refunds shall not exceed ninety percent of offsite construction costs; (D) Refunds shall bear no interest; (E) Refunds shall be payable only to the original applicant or applicants . Upon the death of applicant, the right to refund shall terminate. In the event applicant is a partnership or corporation, the dissolution of the partnership or corporation shall terminate the right ro refund; (F) . The city and city sanitation department shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the main line paid for by applicant; (G) The city sanitation department ' s refusal to allow any connection or connections into the main line paid for by applicant shall not make the city or city sanitation department liable to applicant for any refund which might have accrued to applicant if such connection had been permitted; 420 14 . 44 . 090--14 . 48. 020 00 Tlio c.it,y retains the right to allow a connection by a pu.bllc agency exempted from payment of connection fees and shall not be liable to applicant for refund because of the connection. (Ord. 741, 12/59 ) . Chapter 14. 48 DRAINAGE. Sections : 14 . 48. 010 Master plan of drainage. 14. 48. 020 Drainage area. 14 . 48. 030 Drainage fund. 14 . 48. 040 Advances from general fund. 14. 48. 050 Drainage fee. 14. 48. 060 Applicability. 14. 48. 070 Conditions governing reimbursements. 14 . 48. 010 Master plan of drainage. Reference is made to the city' s master plan of drainage which is hereby adopted pursuant to the Government Code of the state of California, and more particularly Section 65300 of said Code. Said drainage plan was determined by the Board of Super- visors of the county of Orange to be in conformity with the county drainage plan. A copy of the city's master plan of drainage is on file in the city clerk's office and the same i-s. made a part hereof as if fully set forth in this chapter. The city council hereby finds, by adopting the city' s master plan of drainage, that the subdivision and development of property within the district area requires the construction of the facilities as set forth in the master plan of drainage. The city council hereby finds, by adopting the city's master plan of drainage, that the fees as hereinafter set forth are fairly apportioned within the district area as set forth in. the Government Code of the state of California, and more particularly, Sections 66483 and 66487 thereof. (Ord. 1985, 2 Jul 75) . 14 . 48. 020 Drainage area. The, district boundaries of the drainage areas are hereby declared to be those identified in the local drainage areas map which is on file in the city clerk' s office, and the same are .made a part hereof as if fully set forth in this chapter. All drainage facilities set forth in the master plan of drainage for the city of Huntington Beach are in addition 421 01 . 48. 030--14 .48. 050 Lo present local drainage facilities serving the drainage areas . (Ord. 1985, 2 Jul 75) . 14 . 48. 030 Drainage fund. There is hereby created a separate fund which shall be known .as the "planned local drain- age facilities fund. " All moneys collected pursuant to this chapter shall be deposited in accordance with the Business and Professions Code of the state of California in said drain- age fund. The city shall have the right in lieu of accepting cash, pursuant to this chapter, to accept other proper and valid consideration. (Ord. . 1985 , 2 Jul 75) . 14. 48. 040 Advances from general- fund. The city may advance funds from its general fund to pay the cost of con- structing drainage facilities within a local drainage area and may reimburse the general fund for such advances from the planned local drainage facilities fund for the local drainage area in which the drainage facilities were constructed. (Ord. 1985 , 2 Jul 75 ) . 14 . 48. 050 Drainage fee. There is hereby established the following drainage fee schedule: Drainage District Fee Per Gross Acre 2 $ 500 2A 2,000 3 1,500 4 Completed 0 5 2,000 5A .2,000 5B Completed 0 5C Completed 0 5D Completed 0 6A 2,000 6B 2,000 6C 2,000 7A 2,800 7B 2,000 7C 2,000 7D 2,000 7E 3,000 7F 2,000 7G 3,000 7H 2,000 71 4,000 8A 0 8B 2,800 8C 3,500 v 422 14. 48. 060--14. 48. 070 Drainage District' Fee Per Gross Acre 8D $ 1,650 8E 0 8F 2,300 8G 3,500 8H 2,500 9 2,500 10 1,500 11 Completed 0 12 2,000 Said fee shall be collected, deposited and expended pur- suant to Sections 66483 and 66487 of the Government Code of the state of California and all other applicable laws of the state of California. All necessary drainage fees established by the city shall be deposited with the city prior to recordation of subdivision map or issuance of a building permit if a subdivision map is not required. The subdivider or person ,to whom a building permit has been issued may make application for a reimbursement agreement. (Ord 1985, 2 Jul 75) . 14. 48. 060 Applicability. The provisions of this chapter shall apply to all subdivisions of land and the develop- ment of all land within the drainage area unless the fees were previously paid by prior development. It shall be the responsibility of- the applicant to con- struct all on-site improvements as may be required by the city, including all off-site drainage facilities as are required by the city. The applicant shall be reimbursed by the city for all required off-site construction, in accordance with Section 14. 48. 070.. (Ord. 19853 2 Jul 75) . .14. 48. 070 Conditions governing reimbursements. Not- withstanding any other provisions of this chapter, the payment of refunds shall be governed as follows : . (a) Refunds shall be payable fora period of five (5) years from date of applicant 's application. (b ) Refunds shall be made from subsequent development at the rate per acre developed set forth in Section 14. 48. 050 of this chapter. (c ) Refunds shall . not exceed 90 percent of off-site con- struction costs . (d) Refunds shall bear no interest. 422-1 14. 48. 070 (e) The city shall not be liable for payment of any refund by reason of its failure to collector receive from any person the service fee for connecting into the main line paid for by applicant. (f) The city 's refusal to allow any connection or connections into the main line paid for by applicant shall not make the city liable to applicant for any refund which might have accrued to applicant if such connection had been permitted. (g) The city retains the right to allow a connection by a public agency exempted from payment of connection .fees and shall not be liable to applicant for refund because of said connection. (h) Reimbursement agreements covering the payment of refunds shall be in writing. ( Ord. 1985, 2 Jul 75) . . 422-2 15. 04.010--15. 04 .020 Title 15 OIL . . Chapters: 15 .04 General Provisions 15.08 Definitions 15. 12 Permits and Fees 15.16 Bonds and Insurance 15. 20 Drilling .and .Safety". Regulations. 15. 24 Clean Up--Maintenance 15.•28 Waste Water System 15. 32 Idle Wells -15 . 36 . Nuisance Wells and Sites 15.40 Nonproducing Wells Activated . Chapter 15 .04 GENERAL PROVISIONS. Sections : 15.04. 010 Title. 15. 04 .020 Purpose and intent. 15 .04. 030 Oil field superintendent--Appointment. 15.04.040 Oil field committee--Created--Duties . 15. 64.050 Oil field superintendent--Right of entry. 15 .04. 060 Appeals procedure . 15. 04.070 Agent for receiving mail. 15 .04.080. Well acquisition notice. 15. 04.090 Transfer of well operator 15. 04. 100 Citations. l 15. 04 . 110 Cease and desist order. 15.0.4. 010 Title. This title shall be known and may be cited as the city of Huntington .Beach oil code. "Code, " as referred to -in this title, unless the context clearly indi- cates otherwise, shall mean the city of Huntington Beach oil code. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15.04 .020 Purpose and intent. It is the purpose of this title to establish reasonable and uniform limitations, safe- guards and controls for the present operation of and future drilling for and production of .oil, gas and other: hydrocarbon substances within the city so that this activity may be con- ducted in harmony with other uses of land within this city, thus protecting the people of the city in the enjoyment and 423 15. 04 . 030--15.04. 060 use of their property and providing for their comfort, health, safety and general welfare. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15. 04 .030 Oil field su erintendent--Appointment. The oil field superintendent shall e appointed by the director of building and community development and shall be responsible for the enforcement of this title under his direction. The oil field superintendent shall receive compensation for his services as established by resolution. (Ord. 1814 (part) , 1973: Ord. 1653 (part) , 1971) . 15 . 04 . 040 Oil field committee--Created--Duties . There is created for the city the oil field committee, composed of the following: Oil field superintendent, a member of the city council, city attorney, planning director, director of the department of building and safety, a representative of the Western Oil and Gas Association, and 'a member of the Independent Oil Producers Association. . Such committee shall determine and specify any new materials , processes , or oper- ations which shall require permits or set minimum standards of safety in addition to those enAmerated in this code. The oil field committee shall meet annually, or upon request of - any member, to discuss new processes, or for the purpose of revising or updating this code . (Ord. 1653 (part) , 1971) . 15.04.050 Oil field superintendent--Right of entry. r The oil field superintendent shall have the right and priv- ilege at any time to enter upon any premises upon or from which any oil operations are being conducted for the purpose of making any of the inspections required by this title, or by any ordinance of the city . (Ord.. 1653 (part) , 1971) . 15.04. 060 Appeals procedure. In addition to the hear- ings provided for by Chapter 15 .36 of this code, any person or entity whose drilling, redrilling or renewal permit is revoked or whose. well and/or equipment is deemed by the oil field superintendent to be idle may, within twenty days of the decision of the oil field superintendent, file a written appeal to the .city council in accordance with the following procedures : A. The city council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the revocation of any permits issued hereunder or determination of the existence of an idle well, as provided by this chapter. B. An appeal shall be in writing and shall be filed in triplicate in the office of the city clerk. The grounds for appeal must be set forth specifically and the error described by the appellant. C. Any appeal not filed within twenty days from and after the date of the order, requirement, decision or 424 15. 04.070--15. 04 . 090 determination complained of shall be dismissed by the city council. Within ten' days from and after the filing of the appeal, the department of oil field control shall transmit to .the city council all papers involved in the proceedings and two copies of the appeal . In addition, the oil field superintendent shall make- and transmit to the council such supplementary reports as he may deem necessary to present the facts and circumstances of the case. Copies shall be .mailed to the appellant ten days prior to the hearing. D. Upon receipt of the records, the city clerk shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to appellant, and any other party who has requested in writing to be 'so notified and no other notice need be given. E. Upon the date for the hearing the council shall hear the appeal unless for cause the council shall on that date continue the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set. F. Action by the council in granting or denying the appeal shall be final . (Ord. 1653 (part) , 1971) . 15.04. 070 Agent for receiving mail. Every operator of any well- shall designate an agent, or agents , who is a resi- dent of the state, upon whom all orders and notices provided in this code may be served. in person, or by registered or certified mail . Every operator so designating such agent shall within ten days notify the department of oil field con- trol, in writing, of any change in such agent or such mailing address unless operations- within the city are discontinued. (Ord. 1653 (part) , .. 1971) . 15.04 .080 Well acquisition notice. Every person who acquires any well, property' or .site upon which oil operations exist, whether by purchase, transfer, assignment, conveyance, exchange or otherwise . shall within ten days after acquiring such well, property or site notify the department of oil field control, in writing, of his ownership, The notice shall contain the following: (A) The name and address of the person from who such well and property was acquired; (B) The name and location of the well ; (C) The date of acquisition; (D) The date possession was acquired; (E) A description of the properties and equipment trans- ferred; (F) The name and address of - the person designated for service of notice. (Ord. 1653 (part) , 1971) . 15 .04. 090 Transfer of well operator. The operator shall notify the department of oil field control in writing of the transfer of any oil well for any purpose. Within ten 425 15. 04. 100--15. 04. 110 days after such transfer by reason of sale, assignment, trans- fer, conveyance or exchange, notice shall be given and shall r•s' contain the following: (A) The name and address of the person to whom such prop- erty and well was sold, assigned, transferred, conveyed or exchanged; (B) The name and location of the well; (C) The date of sale, assignment, transfer, conveyance or exchange; (D) The date when possession was relinquished by the former operator, and a description of the properties and equipment transferred. (Ord. 1653 (part) , 1971) . 15.04.100 Citations . The oil field superintendent and his assistants shall be sworn as peace officers for the pur- pose of enforcing this code, and may, therefore, issue cita- tions for any: violation of this code pursuant to Sections 853. 6 et seq. of the California Penal Code. (Ord. 1653 (part) , 1971) . 15. 04. 110 Cease and desist order. If, at any time, any operator is in violation of any of the provisions of this code, the department of oil field control may order compliance and set a reasonable period of time for same. If compliance is not obtained within the time period specified, the department of oil field control shall order, in writing, the operator shall cease and desist operation of the well immediately. The operator shall immediately .comply with the order of the. department of oil field control . to cease and desist and shall not resume any operation at the site affected unless and until the written approval of the department of oil field control is obtained. (Ord. 1653 (part) , . 1971) .. Chapter 15 .08 DEFINITIONS Sections : 15.08. 010 Generally. 15 .08.020 Abandonment. 15 .08 .030 A.P. I. 15.08.040 Approved. .15.08.050 Board of zoning adjustments. 15.08. 060 Blow-out. 15.08.070 Blow-out preventor. 15 .08. 080 Building code . 15.08. 090 Building department. 15 .08. 100 Building permit. 15. 08 .110 Cellar. %...e 426 15.08. 010 Sections : (Continued) ►' 15. 08 . 120 City administrator. 15. 08. 130 City attorney. 15. 08140 City clerk. 15.08:150 Completion of drilling . 15 .08.160 Council . 15 .08 .170 Department of 'oil field control . 15.08.180 Derrick. 15.084190 Derrick equipment. 15:08. 200 Desertion. 15.08. 210 ..Diligence . 15.08 . 220 Directional drilling. 15.08. 230 Director of public works . 15. 08 . 240 Division of Oil and. Gas . 15.08. 250 Drilling. 15 .08. 260 Drilling equipment. 15.08.270 Drill site . 15 .08. 280 Engineering department. 15.08. 290 Fire department . 15.08 . 300 ' Gas . 15.08. 310 Injection well . 15. 08 . 320 Lessee. 15.08 . 330 Lessor. 15.08 . 340 Maintenance. 15.08. 350 Natural gasoline plant or absorbtion plant. ' 15. 08. 360 Oil field recovery heater. 15.08 . 370 oil operation. 15 .0.8. 3.80 Oil operation site. 15.08. 390 Operator. 15.0-8 .400 Outer boundary line. 15 .08. 410 Owner. 15. 08. 420 Person. 15.08 .430 Planning commission or commission. 15.08. 440 Processing. 15.08. 450 Redrilling. 15.08 . 460 Seismic petroleum prospecting. 15.08. 470 Shothole. 15.08. 480 Source of ignition. 15 .08.490 . Structure. 15.08. 500 Sump or sump pit. 15.08. 510 Suspended operation or shut-in. 15.08 . 520 Tank. 15 .08. 530 Tank farm. 15 .08 . 540 Well or oil well 15.08. 550 Well servicing. 15.08 . 560 whipstock. 15. 08.010 Generally . The following terms as used in this code shall ,- unless the context indicates otherwise, have the respective meanings herein set forth. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 427 15. 08 . 020--15. 08. 110 15.08.020 Abandonment . "Abandonment" includes the restoration of the drill site as required by these regula- tions . (Ord. 1653 (part) , 1971 : : Ord. 1203 (part) , 1966) . 15 .08. 030 A.P. I. "A.P. I . " means .the American Petroleum Institute. (Ord. 1653 (part) 1971 : Ord. 1203 (part) , 1966) . 15.08. 040 Approved. "Approved type" and "approved de- sign, " means improvements , equipment or facilities of a type or design approved by the oil field department, .fire depart- ment, building department, and/or engineering department. (Ord.. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .08.050 Board of zoning adjustments. "Board of zon- ing adjustments" means the board of zoning adjustments of the city as set up and constituted pursuant to Division 9 of the Huntington Beach Ordinance Code. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .08.06.0 Blow-out. "Blow-out" means a sudden, violent expulsion of oil, gas liquid, mud, or solids or a mixture thereof from a well. (Ord. 1653(part) , 1971: Ord. 1203 (part) , 1966) . 15.0.8.070 Blow-out preventor. "Blow-out preventor" means a mechanical, hydraulic. or pneumatic or other device or combination of such devices. secured to the top of a well , casing including valves , fittings and control mechanisms connected therewith which can be closed around the drill pipe, or which completely closes. the top of the casing and is designed for preventing blow-out. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15.08. 080 Building code . "Building code" means the ordinance of the city . known by that title as it may be changed or reenacted from time to time . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 . 08. 090 Building department. "Building department" means and includes the director of building and community development, his assistants, deputies and inspectors. (Ord. 1814 (part) , 1973 : Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15.08. 100 . Building permit. "Building permit" means permit provided for by the building code and issued by the building department. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .08. 110 Cellar. "Cellar" means an excavation around or above the top joint of the casing of a well . (Ord. 1653 (part) . 1971: Ord. 1203 (part) , 1966) . 428 15. 08. 120--15. 08. 200 15.08. 120 City administrator. "City administrator" ✓ means the city administrator of the .city of Huntington Beach. (Ord. 1653 (part) , 1971 : Ord. 1203(part) , 1966) . 15.08. 130 City attorney. "City attorney" means the city attorney of the city of Huntington' Beach . . (Ord. 1653 (part) , 1971 : Ord. 1203(part) , 1966) . 15. 08 . 140 City clerk. "City clerk" means the city clerk of the city of Huntington Beach . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) 15.08.150 Completion of drilling. Completion of Dril- ling. A well is completed, for the purpose of these regula- tions, thirty days after the drilling crew has been released through completion of its work and/or released by those so employing the drilling crew. (Ord. 1653 (part) , 1971: Ord. 1203 (part) , 1966) . 15 .08.160 Council. "Council" means the elected govern- ing body of. the city. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15.08..170 Department of oil field control. "Department of oil field control" means the oilfield superintendent, his. assistants and inspectors, all of whom collectively are a part of the department of building and community development under the direction of the director of building .and community development of the city. , (Ord 1814 (part) , 1973: Ord 1653 (part), 1971: Ord. 1203 (part) , 1966) . 15 .08.180 Derrick. "Derrick". means, any framework, tower or mast including all parts or appurtenances to such structures used in the drilling for oil and gas as well as support for the equipment lowered into the well. (Ord. 1653 (part) , 1971 : (Ord. 1203 (part) , 1966) . 15. 08 .190 Derrick equipment. "Derrick equipment" means any framework , tower or mast together with all parts and appurtenances to such structure, including any foundations, pump house structure used to house oil recovery equipment, including but not .limited to longtails , pipe .racks and each and every part thereof which is any way usable or used for the drilling for and/or production of oil, gas or other hydro- carbons from the earth. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) 15. 08 . 200 Desertion. "Desertion" means the cessation of operation at a drill site. without compliance to the pro- visions of this code relating to suspended operations or abandonment. (Ord. 1653(part) , 1971 : Ord. 1203 (part) , 1966) . 429 15. 08. 210--15. 08 . 290 15.08. 210 Diligence. "Diligence" means perservering ap- plication characterized by steady, earnest and energetic ap- plication and effort. (Ord. 1653(part) , 1971 : Ord._ 1203 (part) 1966) . 15. 08. 220 Directional drilling.. "Directional drilling" means the drilling of a well which departs from the vertical, usually accomplished through slant drilling or whipstocking from a drilling site. (Ord._ 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .08. 230 Director of public works . "Director of pub- , lic works" means the director of public works and his assis- tants , engineers or inspectors . (Ord. 1653(part) , 1971 : Ord. 1203(part) , 1966) . 15.08. 240 Division of Oil and Gas . "Division of Oil and Gas" means the Division of Oil and Gas of the Department of Natural Resources of the state or any other state agency that may, in the future, be charged with its responsibilities . (Ord. 1653 (part) , 1971 : Ord. 120.3 (part) , 1966) . 15.08. 250 Drilling. "Drilling" means digging or boring a hole in the earth for .the purpose of exploring for, develop- ing or producing petroleum. Drilling includes all operations through the completion of a well . (Ord. 1653(part) , 1971: Ord. 1203(part) , 1966) . 15.08. 260 Drilling equipment. "Drilling equipment" means any appurtenances , materials or structures and every part thereof which is or are required, or used, or was used or usable with, or for the drilling and production of oil , gas and other hydrocarbons from the earth. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .08. 270 Drill site. "Drill site" means the premises used during the drilling, maintaining, operating and produc- ing of a well or wells located thereon. (Ord. 1653 (part) , .1971 : Ord. 1203 (part) , 1966) . 15.08 . 280 Engineering department. "Engineering depart- ment" means the director of public works, his assistants , en- gineers or inspectors . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15. 08. 290 Fire department. "Fire department" means. the fire chief. of the fire department of the city, his assis- tants, deputies or the assigned chief of the fire prevention bureau and his assigned inspectors . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 430 a 15. 08. 300--15. 08. 360 15.08. 300 Gas . ".Gas " means any fluid, either combus- tible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rare- fied state at ordinary temperatures and pressure conditions . It also means the gaseous components or vapors occurring in or derived from petroleum or natural gas-. (Ord. 1653 (part) , 1971 : Ord. '1203 (part) , 1966) . 15.08. 310 Injection well . '•Injection well" means a well employed for the introduction into an underground stratum of water or gas under pressure. Injection wells are employed for the disposal of salt water produced within oil. They . Are also employed in a pressure. maintenance, secondary recov- ery or recycling operation to introduce a fluid into the pro- ducing formation to maintain underground pressure which would otherwise be reduced by virtue of the production of oil and/ or gas . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .08. 320 Lessee. "Lessee" means the lessee under an oil and 'gas lease who has executed a lease, or the owner of any land or . mineral rights who conducts or carries on any oil. and/or gas development, exploration and operation thereon, or any person so operating for himself or others , (Ord. 1653 (part) , 1971 : Ord. 1203(part) , 1966) . 15 .08 . 330 Lessor. "Lessor" means the owner of surface and/or mineral rights . who has executed a lease. (Ord. 1653 " (part) ., 1971 : Ord. 1203 (part):, 1966).. 15.08. 340 Maintenance. "Maintenance" means and includes the repairs and replacement of parts of the structure. It also .means keeping the oil operation site free from rubbish, debris , trash or any other waste material and keeping all structures located on the operation site painted, clean, sanitary and safe. . (Ord. 1653 (p4rt) , 1971 : Ord. 1203 (part) , 1966) 15.08. 350 Natural gasoline plant or absorbtion plant. "Natural gasoline plant" or "absorption plant" means a plant for the processing of natural gas from the production wells for the extraction into its various components including natural gasoline, motor fuel, liquefied petroleum gases and other natural gas liquids . (Ord. 1653 (part) , 1971: Ord. 1203 (part) , 1966) . 15 .08. 360 Oil field recovery heater. "Oil field recov- ery heater" means a once through forced circulation, water tube . steam generator, used only in the oil field thermal re- covery operations having no fired pressure part larger than three inches pipe size and no other pressure part larger than six inches pipe size . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 431 15. 08 . 370--15 . 08. 440 15 .08. 370 Oil operation. "Oil operation" means the use or maintenance of any installation, facility or structure used, either directly or indirectly, to carry out or facil- itate one or more of , the following functions: Drilling, redrilling, rework and repair, production, processing, ex- traction, assisted recovery, stimulation, storage or ship- ping of oil, gas or hydrocarbons . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .08 . 380 Oil operation site. "Oil operation site" means the physical location where oil operations are conduc- ted. (Ord. 1653 (part) , 1971: Ord. 1203 (part) , 1966) . 15 .08. 390 Operator. "Operator" means a person, natural or artificial (e.g. corporate) , engaged in the business of drilling wells for oil and gas . This definition shall include those actually in charge and in control of the well including its drilling, maintenance, operating or pumping. Operator includes owner where the latter is performing or has performed the function of operator as described herein. (Ord. 1.653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15. 08. 400 . Outer boundary line. Where. several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operated unit, the term "outer boundary line" means the exterior limits of the land included in the lease of a unit. In determining the conti- guity of any such parcel of land,, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity. (Ord. 1653 (part) ; 1971: Ord. 1203 (part) , 1966) . 15.08.410 - Owner . "Owner" means a person who owns a legal or equitable title in and to the surfaces of the drill site. (Ord. 1653 (part) , 1971: Ord. 1203 (part) , 1966) . 1.5.08. 420 Person. "Person" includes any individual, firm, association, corporation, joint venture, estate or any other group or combination acting as a unit. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .08 . 430 Planning commission or commission. "Planning commission" or "commission" means the planning commission of the city as provided for pursuant to Division 9 of the Hunt- ing ton Beach Ordinance Code. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15.08. 440 Processing. "Processing" means the use of oil operations for gauging, recycling, compressor repressur- ing, injection, reinjection, dehydration, stimulation, separa- tion, (including but not limited to separation of liquids from gas) , shipping and transportation, and gathering of oil, 432 15. 08. 450=-15 . 08 . 540 gas, other hydrocarbon substances , water or any combination thereof. . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15. 08 .450 Redrilling. , "Redrilling" means the deepening or whipstocking of. an existing oil well or otherwise drilling beyond `the . extremities or sides of the existing well casing. (Ord. 1653(part) , 1971: Ord. 1203 (part) , 1966) . 15.08.460 Seismic petroleum. prospecting. "Seismic petroleum prospecting" means prospecting for oil by means of drilling holes into the ground, placing an explosive charge therein, and . detonating such charge . Sei.smic petroleum pro- specting includes vibroseis anddioseis methods. (Ord. 1653 (part) , 1971: Ord. 1203 (part) , 1966) . 15. 08. 470 Shothole. "Shothole" means the hole drilled in .seismic petroleum prospecting. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15.08 . 480 Source of ignition. . "Source of ignition" . means any flame, arc, spark or heated object or surface capable of igniting flammable liquids , gases or vapors. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) 1966) . 15 .08. 490 Structure. "Structure" means that which is built or constructed, including a tank, edifice or build- ing of any kind . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15. 08. 500 Sump or sump pit. "Sump" or " sump pit" means an unlined earthen pit for the .discharge of oil field wastes. (Ord. . 1653 (part) , 1971 : Ord. .1203 (part) , 1966) . 15. 08. 510 Suspended operation or shut-in. "Suspended operation" or "shut-in" means the approved, temporary sus- pension of drilling, redrilling or production .operation by the oil field superintendent ,pending a resumption of opera- tion or abandonment (Ord. 1653 (part) , 1971 : Ord.. 1203 (part) , 1966) . 15. 08.520 Tank. "Tank" means a container, covered or uncovered, used in conjunction with the drilling or production of an oil well for holding .or storing liquids and/or oil. (Ord. 1653 (part) , 1971: -Ord. 1203 (part) , 1966) . . 15 .08. 530 Tank farm. "Tank farm" means a collection of such tanks for the storage of liquids and/or oil. . (Ord. 1653 (part) , 1571 : Ord. 1203 (part) , 196.6) . 15.08 . 540 Well or oil well. "Well or oil well" means any .oil or gas well or well for the discovery of oil and 433 15. 08. 550--15. 08 . 560 gas, or any well reasonably presumed to contain oil or gas . Well shall include injection wells for the purpose of sec- ondary recovery, and disposal wells for the purpose of dis- posing of waste water. Well also includes any well for the discovery of geothermal resources or any well on lands pro- ducing geothermal resources or reasonably presumed to contain geothermal resources, or any special well, converted producing Well or reactivated or converted abandoned well employed for reinjecting geothermal resources or the residue thereof. (Ord. 1846 (part) , 1973: Ord. 1653 (part) , 1971: Ord. 1203 (part) , 1966) . 15.08. 550 Well servicing. "Well servicing" means reme- dial or maintenance work performed within any existing well which does not involve drilling or redrilling, that is, work done after the well is drilled. (Ord. 1653 (part) , 1971: Ord. 1203 (part) , 1966) . 15 .08. 560 Whipstock. . "Whipstock" means the technique of drilling a well deviating from the vertical; a directional well; to drill a directional well . It, can also mean the drill- ing tool employed in drilling a directional well . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . Chapter 15 .12 PERMITS AND FEES Sections : 15. 12 .010 Permits required 15 .12.020 Permit--Drilling or redrilling. 15. 12.030 Permit--Annual inspection. 15 . 12. 040 Permit--Wastewater. 15 . 12 .050 Permit--Oil field recovery heater. 15 .12 .060 Permit--Building. 15.12.070 Permit--Encroachment. 15 .12 .080 Fees--Set by resolution. 15. 12.090 Annual inspection fee payment. 15. 12.100 Waste water fee payment. 15.12. 110 Drilling and recovery heater fees . 15.12 . 120 Permit--Obtainment procedure.. 15.12 . 130 Permits--Scope. 15.12. 140 Permits--Uti.lization. 15. 12. 150 Permits--Additional . 15 .12 .160 Persons liable for fees . 15 . 12. 170 Fee delinquency--Penalty. 15. 12 .180 Fee delinquency--Punishment. 15. 12.190 Continuing violation. 434 15. 12 . 010--15. 12 , 060 Sections: (Continued) 15 .12. 200 Permits--Grounds for revocation. 15 .12. 210 Permit--Effect. of suspension or revocation. 15. 12.010 Permits required. Permits , as required by this c apter, shall be obtained from the city for the follow- ing oil operations, activities; buildings or structures in the city limits . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966: Ord. 224 , 1921) . 15..12 .020. Permit--Drilling or redrilling: _ Drilling or redrilling shall not be commenced or continued unless or until a permit therefor has been obtained from the department of oil field control of the city. Said permit is herein refer- red to as a drilling permit. (Ord. 1653 (part) , 1971: Ord. ` 1203 (part) , 1966) . 15. 12 .030 . Permit--Annual inspection. The oil field superintendent shall inspect annually, and at such other times as he deems necessary, each producing oil well and suspended or idle oil well regulated by this title, for the purpose of ascertaining whether the well is being operated or maintained within the standards of this code . On the first day of July next after the issuance of a drilling per= mit and on the first day of July of each year .thereafter, until the well has been abandoned as provided in .this code, an annual renewal inspection permit must .be obtained from the department of oil field control . for each and every well, including injection wells . Such annual inspection permit shall . be a permit to operate for the time period for which . issued and no well shall be operated without such per- mit. (Ord. 1653 (part) , 1971 :. Ord. •12.0.3 (part) , 1966) . 15 .12.040 Permit--Wastewater . ' For the purpose of dis- posing of wastes from oil and gas wells , including waste water, water and . brine in the sanitary system, a permit must first be obtained from the department of oil field control . (Ord. 1653 (part) , 1971) . 15 .12 .050 Permit--Oil field -recovery heater. An oil field recovery heater shall not be erected and/or installed for the purpose of secondary recovery unless a permit there- for has been obtained from the department of oil field con- trol . (Ord. 1653 (part) , 1971) . 15.12:060 . Permit--Building. A building permit shall be obtained from the building department to erect, construct, enlarge, alter, '..repair, ' move, improve or demolish any struc- ture or tanks, or appurtenances thereto. The building permit includes the required electrical permits . A building permit fee shall be charged by the building department regarding the 435 15. 12. 070--15 . 12 . 120 aforementioned and such fee shall be based on the total eval- uation of the structure when completed, as listed in the Uniform Building Code, adopted by the city council . The building department shall issue all required plumbing and electrical permits . (Ord. 1653 (part) , 1971) . 15.12.070 Permit--Encroachment. An encroachment permit shall be obtained from the director of public works when it is necessary to encroach over public property lines with well drilling or servicing equipment. (Ord. 1653 (part) , 1971) . 15 .12.080 . Fees--Set by resolution. Fees shall be re- quired for the issuance of each of the permits required pur- suant to this chapter. Such fees shall be set by resolution in November of 1971 for the period ending June 30 , 1972, ex- cept the annual inspection fee which shall remain at the cur- rent rate until July 1, 1972 . Thereafter, such fees shall. be set prior to July 1 of each year by resolution on an annual fiscal year basis , commencing July 1 of each such year and expiring on June 30 _of the next succeeding year. Such fees shall be based upon the projected administrative and legal costs in the administration and enforcement of the Huntington Beach oil code and any other provisions relating to oil oper- ations during such annual fee fiscal year period. The resolu- tion shall also determine the conditions of payment and col- lection of the required fees . Proceeds from such collection of fees shall become part of the city 's general fund and shall '` not be, refundable. (Ord. 1653 (part) , 1971) . 15 . 12 . 090 Annual inspection fee payment. The annual inspection fee shall be due and payable on July. l of each year, commencing with the year 1972 and shall be delinquent on August 1 of each year. (Ord. 1653 (part) , . 1971) . 15.12.100 Waste water. fee payment. The waste water fee shall be due and payable on January 1 of each year and shall be delinquent on .January .31 of each year. (Ord. 1653 (part) , 1971) . 15.12.110 Drilling and recovery heater fees . The drill- ing and redrilling fee and oil field recovery heater fees shall be due and payable at the time of application therefor. (Ord. 1653(part) , 1971) .. 15.12.120 Permit--Obtainment procedure. Permits required by this chapter shall be obtained from the appropriate city department. The application for drilling, redrilling or oil field recovery heater permits shall be obtained from the de- partment of oil field control. and the application shall contain the following required information: 436 15. 12. 130--15. 12'. 160 (A) The complete legal description of the property; (B) Plans and engineering specifications of structures ,. drilling derricks, drilling masts , tank and high-pressure systems regulated by this code . Applicant need "not file plans and engineering specifications of standard derricks , masts and tanks when such plans and specifications are already on file at the department of oil field control; (C) A corporate surety bond in conformity with the pro- visions of this code; (D) A verified .statement signed ,by. the applicant certify- ing that he is duly authorized by the operator to make and. . . file .the application and that he has, read the application and the same is true and correct; (E) A hold harmless agreement as provided by a form ap- proved by the office of the city attorney. (Ord. 1653 (part) , 1971) . 15.12.130 Permits--Scope. The city is not a guarantor .of the competence of the permittee as to oil operations, The permit is not an .expression by the .city that such proposed oil operation can be done with safety to the. operat_or or other persons or property; all of which said risks are assumed by the permittee. (Ord.. 1653.(p4rt) , 1971) . .15.12.140 Permit--Utilization. . No permit issued here- under shall be valid unless utilization of the privileges granted thereby be .commenced within ninety days from and after the date .of issuance of. the permit and such activity is. _engaged in without "cessation for a period. of . ninety days thereafter. Failure to commence activity or the cessation for a like period shall operate to terminate and cancel the permit and it shall henceforth be unlawful to engage in any activities hereunder without obtaining a new permit. (Ord. 1653 (part) , 1971) . 15.12 .150 Permits--Additional . The permits provided in this chapter are in addition to and are not in lieu of any permit which may be required by the other departments of the city. The department of oil field control shall not issue any permit under this chapter until all other permits required by other departments, if any, have been issued and the fee, if required, has been paid. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15.12.160 Persons liable for fees . Each of the persons and/or entities whose duty it is to obtain any permit shall be declared and made to be jointly. and severally liable for the payment of the fee required to be paid. (Ord. 1653 (part) , 1971) . 437 15. 12 . 170--15. 12. 200 15'.12 . 170 Fee delin uenc --Penalt . If any fee herein required to be paid to the department of .oil field control ' is not paid in the time and in the manner provided, the same shall, thirty days thereafter, automatically be and become delinquent, and a penalty in an amount equal to ten percent of such fee shall be added thereto for each month of such delinquency, which penalty shall be and become a part of such fee and shall be enforced and collected as a part of such fee. (Ord. 1653 (part) , 1971) . 15. 12. 180 Fee delinquency--Punishment. No person shall permit or cause to .be permitted any activity or operation _ which requires a permit pursuant to this chapter, without first having obtained such permit from the city. The city shall, have a civil cause of' action in any court of competent jurisdiction to enforce the collection of such fees. Any person performing or causing to be performed any activity or operation requiring a permit, pursuant to this chapter, with- out in fact having such permit is guilty -of a misdemeanor, punishable by fine, imprisonment, or both, as provided in Chapter 1. 16 of the municipal code. (Ord. 1653 (part) , 1971) . 15 .12. 190 Continuing violation. Each and every day activities are conducted or carried on without the required permits and/or without the payment of the fees required here- under, 'shall constitute a separate offense. (Ord. 1653 (part) , 1971) . '.o' 15.12. 200 Permits--Grounds -for revocation. Any permit issued by the city .pursuant to the provisions of this chapter may be revoked by the oil field superintendent upon finding: (A) A permittee has failed, neglected or refused to per- form, comply with and abide by any of the conditions of the permit; or (B) That permittee has failed or neglected or refused to comply with or abide by,, or has in any way violated any of the provisions of this code, or of any other ordinance of the city, or any other law, rule or regulation either directly or indirectly , by reason of or in connection with or incidental to his conduct of oil operations; or (C) If any of the permittee ' s operations or the con- tinuance thereof upon the premises covered by the permit are a menace or hazard to public or private property , or to any interest of the city, or to the lives or safety of .persons; or . (D) Any of the permittee 's operations or . the continuance thereof upon the premises covered by the permit constitutes a public nuisance as described by this code in Chapter 15. 36; or (E) If permittee shall have made any willful misrepre- sentation of facts in any application for any such permit, or 438 i 15. 12. 210--15. 16. 020 in any report or record required by this code to be filed or furnished by permittee . (Ord. 1653 (part) , 1971) . 15 .12. 210 Permit--Effect of. suspension or- revocation. No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof or after the revocation thereof, or pending a judgement of the court upon any application for writ taken to review the decision or order of the city in suspending or revoking such permit; provided, however, that nothing therein contained shall be construed to prevent the performance of such operation as may be necessary in connec- tion with a diligent and bona fide effort to cure and remedy the default, or violation for which the suspension or revo- cation of the permit was ordered, or such operation as nec- . essary for the safety of persons . (Ord. 1653 (part) , 1971) . Chapter 15 .16 BONDS AND INSURANCE Sections 15.16,. 010 Bond--Required--Exception. 15.16. 020 Bond--New wells . 15•.16. 030 Bond--Form. 15.16 .040 Bond--Single 15. 16 .050 Bond--Substitution. .15 .16 .060 Bond--Blanket. 15.16. 070 Default in performance of conditions. 15.16.080 Exoneration 15 .16 .090 Insurance requirement. 15 . 16 .010 Bond--Required--Exception. Except as to oil bonds existing on the effective day . of this oil code which satisfy the requirements of the previous Huntington Beach oil code, a bond in the form required by this chapter shall be filed for each well drilled prior to said effective date of this chapter, which has not been abandoned prior to .said effective date in accordance with the standards and laws of the state and the requirements of the Huntington Beach Municipal Code . (Ord. 1653 (part) , 1971: Ord. 1203 (part) , 1966: Ord. 418 (part) , 1938) 15 .16. 020 Bond--New wells . A bond or bond rider in the form required by this chapter shall accompany every applic- ation for drilling or redrilling of any oil well, injection well or disposal well . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) 439 15. 16 . 030--15. 16. 060 15. 16 .030 Bond--Form. Bonds or riders to existing bonds shall be on forms approved by the city attorney and shall be filed with the department of oil field control . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15. 16.040 Bond--Single. Corporate surety bonds in the penal sum of five thousand dollars shall be required. The bonds shall be executed by the operator as principal and by the authorized surety company as surety and conditioned that the principal named in the bond shall faithfully comply with this title and any other .ordinance of the city, or of the division of fire prevention of the city, which ordinance, law, rule or regulation in any manner pertains or applies to any of the principal soil operations . Compliance by the prin- cipal named in the bond shall include compliance to any and all provisions , amendments and changes in the Huntington Beach oil code regularly adopted. The bond shall secure the city against all costs , charges and expenses incurred by it for reasons of the failure of the principal to comply with the provisions fully of this title . The bond shall include the correct name and number and legal description or precise location of the well and such other information as may be necessary to identify the oil well readily. Any operator may furnish negotiable securities or cash in lieu of a cor- porate surety bond. The obligations and liabilities under the. bonds required hereunder (corporate, surety or cash) are continuing obligations and liabilities, and the liability of the surety under this bond may be terminated solely and only at the time or times , in the manner and by strict compliance with the provisons for termination of liability as set forth in any ordinance of -the city. Regardless of expenditures which may incur from action on any bond, said bond shall always be maintained at its original face value, and it shall be the responsibility_ of the principal to insure and provide that the bond shall be fully maintained. (.Ord. 1653 (part) , 1971 : Ord. 1203 (part) ,. 1966 : Ord. 332 , 1930) . 15. 16.050 Bond--Substitution. A substitute .bond may be filed in lieu of the bond on file hereunder and the depart- ment of oil field control shall accept and file the same if it is qualified in a proper form and substance and the bond for which it is substituting shall be .exonerated. Substitu- tion shall be allowed only if the department of oil field con- trol and the city attorney find that all of the conditions of the aforementioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned. (Ord. 1653 (part) , 1971) . 15.16 .060 Bond--Blanket. Any operator may, in lieu of filing a single bond on each well, as required by the fore- going, file a bond in the amount of twenty-five thousand 440 . 15 . 16 .070--15. 16.090 dollars if he has more .than five wells . (Ord. 1653, 11/71; Ord. 1203, 5/66 ) . 15. 16 . 070 Default in performance of conditions . When- ever the department of oil field control finds that a default has occurred in the performance of any requirement or condi- tion of these regulations , a written notice thereof shall be given to the principal and to 'the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the department of oil field control to be reasonably necessary' for the comple- tion of such work. After receipt of such notice, the surety shall, within the time therein specified, either cause or require the work to be performed, or failing thereupon, shall pay over to the department of oil field control the estimated cost of doing the work as set forth in the notice. Upon re- ceipt of such moneys', the department of oil field control shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the division of oil and gas , such additional money may be demanded from the surety as is necessary. to restore the dr.ill .site in conformity with the regulations of this title. (Ord. 1653, 11/71; Ord. 1203, 5/66 ) . . 15. 16 . 080 Exoneration. When the well or wells , covered by said bonds have been properly abandoned in conformity with all regulations of this title, and in conformity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the department of oil field control, or upon receipt of a satisfactory substitute bond, the bond issued in compliance with the regulations shall be terminated and cancelled and the surety relieved of all obli- gations thereunder. (Ord. 1653, 11/71; Ord. 1203, 5/66) . 15. 16 . 090 Insurance Requirement. All oil operators , drilling contractors and well-servicing companies doing business within the city limits, of Huntington Beach, shall file with the oil field department within ninety (90) days after the effec- tive .date of this chapter, a certificate of insurance, with the city of Huntington Beach named as an additional insured, and in the following value: Combined Single Limit Bodily Injury and/or Property Damage Including Products Liability: 1,000 ,000 Combined Single Limit Per Occurrence. (Ord. 1976 , 21 May 1975, Ord. 1653; -11/71; Ord.. 1203, 5/66) . 441 15. 20. 010 Chapter 15. 20 DRILLING AND SAFETY REGULATIONS Sections : 15. 20. 010 Encroachment. 15. 20. 020 Derricks--Specifications. 15. 20. 030 Derricks--Bracing. 15. 20. 040 Derricks--Removal. 15. 20. 050 Inspection. 1520. 060 Lights. 15: 20. 070 Signs--Size. 15. 20. 080 Signs--More than one well. 15. 20. 090 Waste collection--Disposition. 15. 20. 100 Waste collection--Sump or skim pond-- Unlined. 15. 20.110 Waste collection--Sump or skim pond-- Filling. 15. 20. 120 Surfacing roads and drill sites. 15. 20.130 Distance from dwellings and hours. 15. 20.140 Soundproofing required when. . 15. 20.150 Pulling a wall--Limitations. 15. 20.160 Noises and vibrations deemed nuisance. 15. 20. 170 Access to well head. 15. 20. 180 Blow-out prevention. � . 15. 20.190 Cellars . 15. 20. 200 Setbacks. 15. 20. 210 Compliance with setbacks. 15. 20.220 Safety-sight angle. 15. 20.230 Fences. 15. 20. 240 Oil field recovery heaters specifications. 15. 20. 250 Use of power motors. 15. 20. 260 Fire prevention--Standards. 15. 20. 270 Fire prevention--Sources of ignition. 15. 20. 280 "No smoking" signs. 15. 20.290 Oil storage tanks.- 15. 20. 300 Removal of wooden construction. 15. 20. 310 Pulling masts and gin poles. 15. 20. 320 Service yards. 15. 20. 330 Pulling line stripper. 15. 20. 010 Encroachment . No operator or person while redrilling, servicing or maintaining any well drilled shall encroach with equipment over public property lines, sidewalks, parkways, alleys or streets unless a permit therefor has been granted by the. department of public works . (Ord. 1653, 11/71; .Ord. 1203, 5/66) . 4.42 15. 20. 020--15. 20 .050 1.5 . 20 .020 Derricks--Specifications . All derricks and masts erected for drilling or redrilling shall meet the specifications -of the Americal Petroleum Institute Standards 4A, 14th Edition and 4D, 3 years. Edition, or the equivalent thereof. (Ord. 1653 (part) 11 .1971 : Ord. 1203 (part) , 1966) . 15. 20 .030 Derricks--Bracing. Any derrick or. pulling mast shall be securely guyed or braced at all times the mast is in use, or if self-braced, the derrick or mast shall meet A.P.I . standards or the equivalent thereof. In addition thereto the operator shall be required to. show a certificate of insurance in accordance with the -specifications of this code, naming the city as an additional insured. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15. 20 .040. Derricks--Removal . Drilling equipment and the derrick shall be removed from the premises within thirty days following the completion or abandonment of any well . If the well is. a producing well, then only that drilling equipment and those .portions of the derrick used in the drill- ing of the well as support . for that equipment lowered into the well must be removed within thirty days following the completion of such well . Once the well is a producing well, it shall be serviced by a. portable derrick exclusively. Drill- ing operations shall be diligently prosecuted until the well is completed or abandoned. (Ord. 1653(part) , 1971 : Ord. Game 1203 (part) , 1966) . 15. 20 .050 Inspection. If a well is to be ,drilled or redrilled within one hundred fifty feet of any occupied structure or street right-of-way, after the operating equip- ment is securely in place and prior to commencement of drill- ing, the operator will notify the department of oil field control for. purpose of inspection. 'If an inspection is an- ticipated to be made during the night, weekend or_ holiday, the operator will notify the department of oil field control during a working day of the approximate time the operator would be ready for the inspection and shall not commence drilling until . the department of oil field control has made an inspection and given approval to commence. The oil field superintendent shall not give his approval until all the applicable provisions of the city ordinance have been met. The oil field superintendent shall make his . inspecation within a reasonable time .after receiving notice from the operator. Upon completion of drilling operations the oper- ator will notify the department of oil. field control, and the department will make a final inspection of the drill . site. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966 : Ord. 280 (part) , 1926) . 443 15. 20. 060-'-15. 20. 110 15 . 20 . 060 , Lights. No person shall permit or allow any lights located on any oil operation site to. be directed in ..,o such a manner so that they shine directly on adjacent property i or property in the general vicinity of the oil operation site. (Ord. 1653 (part) , 1971) . 15. 20 .070 Signs--Size. A sign shall be displayed in a prominent place, visible at all times and maintained in good condition .near or on the pumping unit or fence, from the time drilling of the well is started until the well has been abandoned. Such sign shall have a surface area of not less than two square feet and no .more .than four square feet, bearing the current well name, and the names and phone num- bers of two pumpers or operators of the well who may be con- tacted during any twenty-four hour period for emergency rea- sons. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966 : Ord. 418 (part) , 1938) . 15 . 20. 080 Signs--More than one well . In the event there are more than two producing wells on one lease-hold, it shall be sufficient if all entrances to the leasehold are posted with a sign not less than six square feet bearing the name of the lease, the name and phone number of the lease- holder and/or operator responsible for the well, together with an openly visible sign on each producing well designa- ting the particular name and/or number thereof. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966 : Ord. 418 (part) , 1938) . 15. 20 .090 Waste collection--Disposition. Rotary mud, drill cutting, oil field waste, oil or liquid hydrocarbons . and all other oil field wastes derived or resulting from, or connected with the drilling or redrilling of any well shall be discharged into a steel tank. Such drill cuttings, rotary mud, and drilling waste materials shall be removed from the drill site within thirty days from and after com- pletion of drilling. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966 : Ord. 515 (part) , 1947) . i 15. 20 . 100 Waste collection--Sump or skim pond--Unlined. i On or after the effective date of this chapter, no person shall own or operate, or have possession of, or be in con- trol of any well site on which an unlined sump or skim pond is located, or any sump or skim pond used in connection with the operation of any oil well; provided, however, that the provisions of this chapter shall not apply to portable sumps required by the .State Division of Oil and Gas or by the Re- gional Water Pollution Control Board. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) 1966 : Ord. 515 (part) , 1947) . i 15. 20 .110 Waste collection--Sump or skim pond--Filling. No person shall own or operate or have possession of or be in control of any. .oil well site on which an unlined sump or 444 15. 20. 120--15. 20 . 140 skim pond is. located, or any. .property 'on which has been loc- ated a sump or skim pond which was' used or is used in connec- tion with the operation of any oil well unless such sump or skim pond has been excavated of all foreign materials and filled with clean earth to the leval of the surrounding ter- rain. (Ord. :1653 (part) , 1971 : Ord. 1203 (part) , 1966 : Ord. 515 (part) , 1947) . 15 . 20 .120 Surfacing roads and drill sites. Prior to the commencement of' any drilling operations, all private roads used for access to the drill site and the drill site itself shall. be surfaced by clean crushed .rock , gravel or decomposed granite, or oiled and maintained to prevent dust and mud. In particular cases these requirements governing .surfacing of private roads may be altered at the discretion of the oil field superintendent after consideration of all circumstances including, but not limited to the following factors : Distances from public streets and highways; dis.- tances from. adjoining and nearby property .owners whose sur- face rights are. not leased. by the ` operator; . the. purpose for which the property of such owners is or may be used; top- ographical features ; nature of the- soil; and. exposure to wind. (Ord, 1653 (part) , 1971 ; O,rd. 1203-(p4rt) 1966) . 15 . 20 .130 Distance from dwellings and hours . It is unlawful for any -person to engage in. -any work whatsoever on an oil operation site, which work is conducted within three hundred feet of a dwelling unit, church, hospital, rest home, school, preschool nursery, or other place of public assembly, except in the following situations : (A) Where such work consists of minimum maintenance or surveillance on the oil operation site; or (B) Where such work is conducted between the hours of seven a.m. and nine p.m. ; or (C.) In case of emergency; or (Dj Where the work being so conducted is soundproofed and such soundproofing is approved by the oil field super- intendent. (Ord. 1653 (part) , 1971 ; -Ord. 1203(part) , 1966: Ord. 208 (p4rt) , 1926) . 15. 20 . 140 Soundproofing required .when. Where opera- tions "are conducted beyond a -distarice of three hundred feet from the areas mentioned in Section 15 . 20 . 13.0, the oil field superintendent may, in cases of disturbance, e .g, excessive noise, odor or vibration, order the oil operator to: (A) Enclose the derrick and all drilling machinery used in connection with drilling of any well, with fire resistant soundproofing material, which shall be maintained in a service- able condition and provided further that no operations out- side of said enclosure, except for well logging shall be conducted; or 445 15. 20. 150--15. 20. 180 (B) Enclose all drilling machinery used in connection with the drilling of any well with fire resistant sound- proofing material and the portable drilling mast shall be so enclosed, at least on three sides , to a height of . twenty feet, and provided further, that no drilling operations or any work in connection with such drilling operation shall be conducted between the hours of ten p.m. of one day and six a.m. of the following day, except only that circulation of fluids and. well logging may be continued during such time . The superintendent may allow operations in connection with drilling or redrilling if in his opinion that portion of the operation.-does not create excessive noise such as ce- menting, gravel packing, .etc . , and also in case of emergency, provided that notice of such emergency shall be given to the department of oil field control , but only for as long as the emergency exists . Failure to comply with the order of the oil field superintendent hereunder shall constitute a misdemeanor violation pursuant to Chapter 1 .16 . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966 : Ord. 280 (part) , 1926) . 15 . 20 .150 Pulling a well--Limitations . It is unlawful to do any work - in connection with pulling a well between the hours of nine p.m. and six a .m. within two hundred feet of any residential building within the city, excepting where circulation in the well must be maintained, or the well would be endangered if pulling work were not dorie immediately. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966 : Ord. 280 (part) , 1926) . 15 . 20 .160 Noises and vibrations deemed nuisance. Not- withstanding the above, no person shall operate any oil well or any other installation, facility or structure related to oil production in a manner that would create a noise or vi- bration detrimental to the health, safety or welfare of the surrounding neighborhood. Such operation is declared to constitute a public nuisance . (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966 : Ord. 280 (part) 1926) . 15. 20 . 170 Access to well head. On all wells at all times there shall be connected a minimum of two feet of two inch A.P. I . schedule 40 pipe with a steel valve to the cas- ing for the purpose of bleeding off casing pressure and for hookup to inject water, mud or cement in. order to kill the well during an emergency . (Ord. 1653 (part) , 1971 : Ord. 1203 (part)., 1966) . 15. 20. 180 Blow-out prevention. In all cases, protec- tion shall be provided to prevent blow-out during drilling, pulling, redrilling, assisted recovery and abandoning oper- . ations as required by and in conformance with the requirements 446 15. 20. 250--15. 20.. 270 i i shielding would not be required if the residential ambient sound level mentioned above can be maintained by other means . (D) Oil field recovery heaters being operated in any residential -zone shall have an attendant on duty at all times and shall be completely fenced, including the well head, with 't a six foot high chain link or block-wall fence complete with . two self-closing gates installed on opposite sides of the enclosure.. Steam lines from the heater to the well head shall be buried to a depth. of one foot or covered and/or wrapped with a minimum of one inch thick approved asbestos ' pipe insulation. (E) An application, for a permit to install and operate an oil- field recovery heater shall be "made to the oil field { superintendent who shall inspect the site and specify the location, setup, and/or standards of the heater, piping, head installation, . valves, soundproofing (if required) and ± other equipment. If approved, the oil field superintendent shall issue a permit to operate the heater pursuant to. com- ' plying with Section 15 .12 .050 of this code. Approval by the oil field superintendent does not relieve the applicant of. the responsibility of securing additional permits as re- quired ,by other departments within . the city . (Ord. 1653 (part) ; 19.71 : Ord. 1203.(part) , 1966) . 15. 20 . 250 Use of power motors . All power motors used for. oil: operations shall be located on the oil operation site when in operation, :and shall be equipped with an ex- haust muffler to prevent excessive or unusual noise. (Ord.. 1653 (part) , 1971) . 15 . 20. 260 Fire prevention--Standards. All electrical equipment used, installed or maintained within fifty feet of a drilling rig, within twenty-five feet of a producing well, within the . diked. area or within twenty-five feet of any oil tank, within any oil or testing laboratory, within any pumping station, absorption plant, refinery or other oil installations .shall be installed and maintained in accor- dance with regulations of the California Electrical Safety Orders , Article .22, Hazardous Locations, Class 1, Division 20 which are adopted, and by reference made a part of this code as though set forth fully herein. (Ord'. 1653(part) , 1.971) . 15.20 . 270 Fire prevention--Sources of ignition. No stationary internal combustion engine, storage tank, boiler, pass through boiler, steam generator, direct fire heater, gas or oil burning device, spark producing device or other open flame shall be located c'loser. than twenty-five feet from a producing well head. During drilling operations no :.i internal combustion engine or nonexplosive-proof electric motor on an adjoining oil well shall be in operation within. fifty feet of drilling operations . Internal combusion "en- gines used in drilling and production units shall be exempt from these regulations. (Ord. 1653 (part) ,. 1971) . ` 449 15. 20. 280--15. 20. 310 15. 20 . 280 "No smoking" signs . "No smoking" signs will be posted and maintained in all locations subject to "no smoking" regulations . All signs shall have letters four inches in height, with readily visible locations approved or designated by the fire marshal . Such sign lettering shall be in red on a white background, or in white on a red back- ground. (Ord. . 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15. 20 . 290 Oil storage tanks. All tanks installed after the effective date of this chapter used for the storage or production of oil, or the disposal of waste water shall con form to the following requirements and secifications and be .placed in the following location with respect to other struc- tures and property, or lease lines : (A) A.P. I. Specifications . All tanks shall conform to A.P. I. specifications within. one year after the effective date of this title, unless other. specifications are approved by the oil field superintendent. (B) Structural Requirements . No operator, agent or per- son in charge. or control of, or having any interest in or owning, either in whole or in part, any tank or similar struc- ture on any premises in this city, whether such interest is as operator, principal, agent, servant, employee or other- wise, shall cause, allow or permit any such tank or similar structure to be constructed, .erected, maintained or permitted to remain upon such premises unless said tank or structure is at all times composed of sound, structurally safe materials which are free from rot, rust and structural defects . (C) Safety Walls . Within six months after the effective date of this title, all operators , persons , firms or corpor- ations owning, operating or having control of storage tanks, clarifying tanks or tanks used in the production of oil _ within the city, shall . construct and maintain safety walls or compacted earthen berms around such tanks. There shall be no openings in, through or underneath said safety walls. (D) Capacity, The capacity requirements of safety walls or berms around . tanks shall be one hundred percent capacity of the two largest tanks inside safety walls or berms . (Ord 1653 (part) , 1971) . 15. 20 . 300 Removal of wooden construction. Within six months after the effective date of this title, all wooden . production equipment, including walking beams and storage tank stairways and walkways , except wooden cellar coverings , shall be removed and replaced with suitable metal or noncom- bustible construction. (Ord. 1653 (part) , 1971) . i 15. 20 . 310 Pulling masts and gin poles . All well ser- vicing equipment or portable pulling masts -or gin poles shall I 450 15 . 20. 320--15. 24 . 010 be removed from the lease or property and returned to the service yard within seven days after completion of well ser- vicing operation. (Ord. 1653(part) , 1971: Ord. 1203 (part) , 1966) . 15. 20 . 320 Service yards. Every owner, operator, oil company,, sales company, service company, processor, trucker, supplier, or other allied agency shall maintain a service yard or area in a properly zoned or approved area for the purpose of storage, handling, servicing, repairing or man- ufacture of all drilling and production equipment, supplies or services. All equipment shall be stored .in the service yard, and- such service yard shall be fenced in accordance with requirements of the provisions of Division 9 of the Huntington Beach Municipal Code . (Ord. 1653 (part) , 1971 : . Ord. 1203 (part) , 1966) 15. 20 . 330 Pulling line stripper . All pulling or bail- ing wire line shall be adequately stripped and other precau- tions taken ,to . prevent .fluid. from being carried on the line over the block to prevent spraying adjoining houses, build- ings, streets , sidewalks. or property. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966.) . Chapter 15 . 24 NOW CLEAN UP--MAINTENANCE Sections : 1.5.24 .010 Clean up--After well servicing. 15 . 24 .020 Clean up--Spills , leaks and malfunctions . 15. 24 . 030 Releasing of fluids . 15. 24 . 040 Seismic petroleum prospecting prohibited. 15 . 24 . 050 Well maintenance . 15 . 24 .060 Odors prohibited. 15 . 24 . 070 Gas emission or burning prohibited. 15 . 24 . 080 Wall and gates--Required. 15. 24 , 090 Wall and gates--Time of compliance. 15 . 24 . 100 Locked gates required. 15. 24 . 110 Access to site. 15. 24 . 120 Landscaping required. 15 . 24 . 130 Automatic sprinklers . 15. 24 . 140 Buried pipelines . 15. 24.150 Exceptions . 15 24 .160 Failure to .comply . 15. 24 . 010 Clean up--After well servicing. Immediately after completion of well-servicing or. abandonment operations 451 15. 24. 020--15.. 24 . 080 the owner, operator, manager, pumper or superintendent shall remove all oily rags , waste materials , oil and debris, pump out the cellar and clean up the lease and repair all damages to public property caused by such servicing or abandonment operations. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 . 24 . 020 Clean up--Spills , leaks and malfunctions . Immediately after any spill , leak or malfunction the owner, operator, manager, pumper or superintendent shall remove or cause to be removed to the satisfaction of the oil field superintendent, all oil and waste materials from any property affected by such spill., leak or malfunction_, be it public. or private property . (Ord. 1653 (part) , 1971) . , 15. 24 . 030 Releasing of fluids. No person shall deposit, place, discharge or cause to be placed, deposited or discharged any oil , naphtha, petroleum, asphaltum, tar, hydrocarbon sub- stances, or any kindred substances or any water mixed with any such substances or any refuse from any oil well or the contents of any sump hole or other container used in .connection with an oil well in., into or upon a storm drain, ditch, sewer or . sanitary drain or sewer or into any portion of the Pacific Ocean within this city or upon any private property in this city, in such a manner that the same will run into or upon any irrigating ditch or storm drain or sanitary drain or sewer of this city. (Ord. 1653 (part) , 1971) . 15 . 24 . 040 Seismic petroleum prospecting prohibited. Seismic petroleum prospecting, including the vibroseis and dinoseis methods , , is prohibited in. all areas of the city. (Ord. 1653 (part) , 19.71) 15. 24 .050 Well maintenance. Any person operating an oil well within the city shall keep the oil operation site on which the well is located free from rubbish, debris , trash . or any other waste material, and shall keep all structures of any type whatsoever located on said operation site paint- ed and maintained in a clean, neat and sanitary condition. (Ord. 1653 (part) , 1971) .. 15. 24 .060 . Odors prohibited. No operator shall operate an oil well in such a manner that allows it to emit odors that are, or will be, offensive to the surrounding neighbor- hood. (Ord. 1653 (part) , 1971) . 15 . 24 .070 Gas emission or burning prohibited. No op- erator shall allow any gases to be vented into the atmosphere or to be burned by an open flame unless otherwise provided by law. (Ord. 1653 (part) , 1971) . 15. 24 . 080 Wall and gates--Required. No person owning, having possession. of or in .control of any oil operation site 452 15. 24. 090--14. 24. 130 In the city shall maintain or allow to exist in connection „o therewith any moving parts of• operating machinery in use or intended• to. be used at such oil well. site; including all drilling or production equipment , unless such machinery and moving parts, is entirely enclosed by a minimum six (6) foot high decorative masonry wall with a gate for access , except that upon filing an application to the commission for admin- istrative action; the commission may approve the use of substitute materials which, for safety reasons,, shall be at least as secure as a chain link fence: The commission may condition such approval. (Ord. 1653, 11/71; Ord. 1203, 15. 24. 0.90 Wall and gates--Time, .of compliance. Within four years of the effective date of this title, the operator of the oll .operat16n site shall construct a minimum six (6 ) foot high decorative masonry wall with a gate for access; said wall to be construct.ed .entirely around said oil operation site, except that upon filing an application to the planning commissiorr' for .administrative action, the commission may approve the use of substitute materials which, for. safety .reasons, may be ..at least as secure as a. chain link fence. . The commis- sion may -condition such approval.. AOrde 1653, 11/71;. Ord. 1203, .5/66) . 15. 24. 100 Locked gates required. The gates to any oil operation site shall be locked with. a padlock at all times during which the oil operation site is . unattended. (Ord. 165.3,_ 11/71; Ord. 1203, 5/66) : 1.5. 24. 110. Access to- site. There shall be no .more than one point of access to any oil operation site for each street upon which the site may front unless an additional access point is . approved by the board of zoning adjustments upon application for administrative review. .(Ord. 1- 653, 11/71) . 15. 24..120. ._ Landscaping required. Within four (4) years from the date, of this chapter, all front setbacks a.nd exterior side yards setbacks of areas which are created by the placement of a wall required by Section 15. 24.: 080 shall be landscaped and permanently maintained. All landscaping provided pursuant to this• section shall be approved by the board of zoning adjust- ments. (Ord. 1653, 11/71) . 15. 2.4..130 Automatic sprinklers. Within four (4 ) years from the date of this title, all landscaping installed on any oil operation site shall be maintained by an automatic sprinkler system or other adequate irrigation system as approved by the board of zoning adjustments upon application for administrative review. (Ord. 1653, 1.1/71) . 453 15.•2 4. 140--15.24. 160 15. 24. 140 Buried pipelines . No person or persons shall lay or maintain any pipeline whatsoever leading from any operation site that is not entirely buried beneath the ground surface . (.Ord. 1653, 11%71) . 1.5. 24. 150 Exceptions . The requirements of Sections 15 .24 . 090 , 15 .2 . 120, 55 .24.130 and 15 .24 .140 are subject to the following: (a) The board of zoning adjustments , upon application for administrative review filed by the oil operator, may extend the time referred to above for a period not to exceed one (1) year upon approval of such application. The department of oil field control shall submit a written report and rec- ommendation to the board prior to the board' s action upon such application. No approval shall be given unless the board finds that the extension of time for conformance of the oil operation site with any one or more of the above re- ferred to sections shall not cause the oil operation site to be incompatible with the surrounding area for the period of such extension. Such application may be conditionally approved and the time for conformance may be extended for an additional one (1) year period provided requests for each such extension are received before determination of the preceding one (1) year period. Each such extension may be conditional. (b) The board of zoning adjustments, upon application for a use permit filed by the oil operator, may extend the above period for conformance of any one or more of said sec- tions for a period of two (2) or more years upon finding that -✓ such extensions of time with respect to any one or more of such sections shall not -make the oil operation site incompat- ible with surrounding areas for .the period of such extension. The board may condition such use permit . (Ord. 1653, 11/71).. 15. 24 .160 Failure to comply. Failure to comply with the time period set out above in Sections 15 .24 .090, 15 . 24 . 120 , 15. 24 .130 and 15 .24. 140 shall result in a public nuisance upon the oil operation site whereon such failure occurs , and may be abated as such by. appropriate civil or criminal action. (Ord. 1653, 11/71) . Chapter 15. 28 WASTE WATER SYSTEM Sections - 15 .28.010 Sewer connection permit. 454 15. 28. 010--15. 28. 050' Sections: (Continued) 15. 28. 030 Application--Fee. 15. 28. 040 Application--Property description. . 15. 28. 050 Conducting over private. property. 15..28.060 Connection costs paid by' permittee. .15'.28. 070 Gate valve. 15.28. 080. Drainpipe laying... 15. 28. 010 Sewer .connection permit. For the purpose of handling industrial wastes from oil and gas wells including waste. water and brine, the oil field department shall issue a sewer connection permit to deposit such waste water and brine into the sanitary sewer system of this city, provided such industrial waste does not contain more than two hundred (200) parts per million by weight of any crude, distilled or refined petroleum products, mud, .rotary mud, oils, fat, grease or other residuary products mentioned in the Fish and Game ' Code of the state; and provided further that such industrial wastes' be handled through a clarification system approved by the department of oil field control. (Ord. 1653, 11/71) . 15. 28. 030 Application--Fee. A verified application for such sewer connection permit .shall be filed with the depart- meet of oil field control. together with a fee of One Hundred Dollars ($100) per sewer connection. (Ord. 1653, 11/71) . 15.28. 040 Application--Property description. The _appli- cation shall contain a description of the property upon which the water or waste water is located, the name of the owner of the .property, the point where the water will be discharged into the. sanitary sewer, the location of the clarifying plant, type of plant to be used, including plans and specifications approved by the department of oil field control, and the method of clarifying and settling. the objectionable substances . from said water, including plans and specifications of waste water settling systems . . (Ord. 1653, 11/71) . 15.28. 050 Conducting over private property. If the waste water is to be conducted over private property other than the oil leasehold belonging to persons other than appli- cant, written permission from the owner or owners of the prop- erty together with an agreement on the part of the applicant to indemnify and hold harmless the city and its officers and employees from any liability accruing to this city, its offi- cers or employees. on account of the granting of the application 455 15. 28. 060--15. 28. o8o shall be presented with the application, subject to approval of the office of the city attorney. (Ord. 1653, 11/71) . 15. 28. 060 Connection costs paid by permittee. All costs incurred by the permittee and all damages to city property by reason of permittee connecting to or. closing out any of his connections to city property shall be at permittee' s sole . cost and expense. (Ord. 1653, 11/71) . 15. 28. 070 Gate valve. The discharge line shall have a gate valve, located at the point of discharge, capable of being locked (Ord. 1653, '11/71) . 15. 28. 080 Drainpipe laying. The drain from the clar- ifier tank to the public sewer shall be laid on. an even grade and straight with a fall of not less than one-quarter of an inch (1/4" ) per lineal foot to a point on the line where an elbow may be placed from whence the drain shall descend to the Y on said sewer at an angle of ninety degrees (900 ) . All drains connected with the sewer shall be of vitrified salt- glazed sewer pipe of the best quality and of not less than four inches (411 ) in internal diameter; all joints therein shall be neatly made with Portland cement composed of one part of cement and two parts of clean sand, and the joints shall be carefully swabbed out . All work must be left uncovered until the same has been properly tested and inspected. All changes in drainpipe must be made with one-eighth (1/8th) bends .. of Y and one-eighth (1/8th) .bend; Vs are allowed in drain work. All sewer laterals extending to the public sewer shall be laid at a depth of not less than three_ (3) feet at the property line. The sewer connection to the sanitary system shall be properly vented. (.Ord. 1653, 11/71) . Chapter 15. 32 IDLE WELLS Sections: 15- 32. 010 When deemed idle. 15. 32. 020 Production report--Filing dates. 15. 32. 030 Production report--Failure. 15. 32: 040 Production report--False. 15. 32. 050 Removal of _idle equipment. 15. 32. 0.60 Site restoration--Procedure. 15. 32. 070 Site restoration--Time limit. 15. 32. 080 Gas producing wells . 15. 32. 090 Abandonment procedure. 15. 32. 100 Abandoned prior to this chapter. 456 15. 32 010--15. 32. 050 1.5. 32 . 010 When deemed idle. An 'oil well. shall be an idle well in the following situations : (A) If it produces less than twenty barrels of crude oil or other hydrocarbon substances or less than one hundred thousand cubic feet of gas for sale; lease use or storage within any ninety consecutive day period commencing on or after the effective date .of this title; or (B.) If production thereof of oil gas and other hydro- carbon substances has ceased with intent of. the operator, and/or iaell owner to cease production permanently; . (C) Injection or disposal wells shall not be deemed idle pursuant to the above subsections (A) and (B) . (Ord. 1653 (part) 1971) . 15.. 32 .020 Production report-=Filing, dates. The oper- ator of any well shall file with the oil field department, during -Ehe first thirty days of each quarter, for the last preceding calendar quarter, a ' statement in such form as the oil field superintendent may designate, showings (A) - The . amount of oil and "gas produced from each well during the. period indicated and the. number of days during which fluid was produced from each well; (B) The number of wells drilling, redrilling, producing, idle, and owned or operated by such person; (C) In lieu of the above; the operators may submit to the oil field superintendent copies of state of California Department of Oil and Gas , Form 110 Report, as submitted to the State Department of Oil and Gas (D) Oil operators and/or buyers of gas from wells in Huntington Beach. shall be required. to meter such gas for in- spectiori and review by the oil field superintendent when the latter requests same. (Ord. 1653 (part) , 1971) , 15 ._32..030 . .Production. report--Failure. Failure to re- port production as required by_Section 15 . 32 .020, shall con- stitute A misdemeanor punishable asset forth in Chapter 1.16. (Ord. 1653 (lid rt) , 1971) . 15..3Z 0.4.0 .__J.to,ductioh_ report--Fals.e: Filing a false, fraudulent or intentionally inaccurate report shall con- stitute a misdemeanor punishable by fine; imprisonment or both. (Ord. 1653 (part) , 1971) . 15. 32.0.5.0.. .Removal_ of idle equipment. When a well is determined to be an idle well pursuant to Section 15. 32 .010 of this code, the surface area of the well site shall be cleaned pursuant to the following; (A) Notice shall be sent by the oil field superinten- dent, by registered or certified mail,.. to the owner of the fee simple interest in the land on which such well is sit- uated as shown on the last equalized assessment roll , and to the owner of the mineral rights on which .such well is situated 457 15. 32 . 060--15. 32. 070 as shown on. the last equalized assessment roll, and the oper- ator of such well as indicated on either the records of the State Division of Oil and Gas, Department of Natural Resources ' -or the records of the department of oil field control . Once the notice is sent, the well or wells specified therein may not be activiated unless the requirements of Chapter 15. 40 of the Huntington Beach Municipal Code are adhered to and satisfied. . (B) Content of Notice . The notice shall indicate the name and location of the well in question and a statement by the oil field superintendent of . the reasons why such well is deemed to be an idle well as defined by Section 15. 32 .010 of this code . (C) The notice shall constitute a "Notice to Abate a Public Nuisance." pursuant to Section 373 (a) of the California Penal Code. (Ord. 1653 (part) , 1971) . 15 . 32 .060 Site restoration--Procedure. Within ninety days after notice has been given,. the parties to whom the notice has been sent shall clean and restore the well .and drill site and surface in conformity with the following re- quirements : (A) The derrick and all appurtenant equipment thereto existing above the surface of the ground level shall be re- moved from the drill site. (B) The. drilling and production equipment, tanks, tow- ers and other surface installations shall be removed from r the drill site or tank farm site . (C) All concrete, pipe (except. tubing head) , wood and other foreign materials existing above or on the surface of the ground level shall be removed from the drill site or tank farm site. (D) All oil, waste oil, refuse .or waste material in- cluding debris, junk, unkempt and accumulated piles of mis- cellaneous material shall be removed from the drill site or tank farm site . (E) The rathole and all holes, depressions and sumps shall be cleaned out of all foreign material (except well cellar .walls). regardless of. depth and filled and packed with clean native earth. (F) The well head shall be capped with a blind flange and a minimum of one inch steel bleeder valve shall be in- stalled, which shall be locked in a closed position. (Ord. 1653 (part) , 1971) . 15. 32 .070 Site restoration--Time limit. The time per- iod provided for compliance herein shall be suspended from the date an .appeal is filed pursuant to Section 15. 04. 060 of this code, until final decision is rendered on the appeal. (Ord. 1653 (part) , 1971) . i 458 15. 32 .080--15. 32. 090 15 . 32 . 080 Gas producing wells . Witin ninety days of the effective date of this title all operators with wells produc- ing gas only, shall remove all. equipment unnecessary for the . production of gas from the operation site . (Ord. 1653 (part) , 1971) . 15 . 32..090 Abandonment procedure . Whenever abandonment occurs pursuant to the requirements of the State Department of Oil and Gas , the party so abandoning shall be responsible for the restoration of the drill site and oil operation site to its original condition as nearly as practicable in confor- mity with the . regulations of .thi.s code, including :the follow- ing requirements : (A) . Well Requirement. The responsible party shall fur- nish the superintendent with: (1) A copy of the approval . of Division of Oil and Gas, Department of Natural Resources ,. confirming compliance , with all abandonment proceedings under the state law; and (2) A notice of intention to abandon under the pro- visions of this section and stating, the .date such work will be commenced. Abandonment may then be commenced on or sub- sequent to the date so stated. (B) Surface Requirements Abandonment shall be approved by the superintendent after restoration of the drill site and the subsurface thereof has been accomplished in conformity with the following requirements : (1) The derrick. and all appurtenant equipment thereto shall -be removed from the drill site. (2) All tanks , towers and other surface installations shall be removed from the drill site. ( 3) The oil well casing shall be cut off at bottom of the cellar, and if there is no cellar, six feet below the drill site grade at the cellar, but in no case .below sea level. Nothing shall be replaced in the hole above the point of cut-off until the cut-off has been inspected by the superin- tendent and by him found to be in compliance with .all applic- able provisions of law.. (4) .. All concrete, pipe, wood and other foreign mate- rials . shall be removed from the drill site to a depth of six feet below grade unless it is a part of a multiwell cellar that is being used in connection with any other well for. which a permit has been .issued. (5) The top twenty-five feet of the remaining cas- ing, including the annulus, shall be filled with a cement plug. (6) A steel cap of not less than the same thickness of the casing shall' be welded to the casing around th-e entire circumference of the well casing. (7) All holes and depressions shall be filled and packed with native earth. . 459 15. 32. 100--15. 36 . 010 (8) . All oil, waste oil, refuse or waste material shall be removed from the drill site . (Ord. 1653 (part) , 1971) . 15 . 32 . 100 Abandoned prior to this chapter . As to wells abandoned prior to the effective date of this title, before construction or improvement work is to occur on the former oil leasehold or drill site, the surface requirements of this section shall be met. (Ord. 1653 (part) , 1971) . Chapter 15 . 36 NUISANCE WELLS AND SITES Sections : 15. 36 . 010 Declaration of nuisance. 15. 36.020 Properties considered nuisance. 15. 36.030 Notice--Service . 15 . 36 .040 Notice--Form. 15 . 36 . 050 Council hearing findings . 15. 36 .060 Abatement work cost assessment. 15 . 36 .0.70 Amounts received. 15 . 36 .090 Notice--Assessment due. 15 . 36.090 Paid assessments . 15. 36 .100 Notice--Lien. 15 . 36 . 110 Additional remedies . 15 . 36 .010 Declaration of nuisance. Oil well structures, and appurtenances which abound in the city, are unsightly and impair the scenic beauty of Huntington Beach . The conditions on or about oil well sites often consti- tute a hazard to the health and safety of the public. Such structues and .equipment are often left dormant and idle. The existence of these and other similar unsightly con- ditions is within the common knowledge of those persons who live in and travel through the city and view its various areas . These conditions have a considerable detrimental effect on a substantial number of other properties including, but not limited to pollution and diminution of surrounding prop- erty values . Huntington Beach is one of the fastest-growing cities in the nation, is continuing to grow at ` a rapid rate, and, 460 15. 36. 020--15. 36. 040 in addition, the city attracts ;five million visitors per year, and therefore , the aforestated conditions will detri- mentally involve a growing number of people and property in the city. The abatement of such conditions will enhance the appear- ance and value of the blighted properties , and abatement of. such conditions will also appreciate the value and appearance of residential properties in the general area, and ultimately will improve the image of Huntington Beach as a city of beauty and progress The abatement of these conditions is in thebest inter- est of the health, safety, morals and general welfare of 'the citizens of the city. (Ord. 1653 (part) , .1971) . 15. 36. 020 Properties considered nuisance . The oil field superintendent shall- compile lists and descriptions of such property on and about . the area upon which. there ex- ists `.or did exist oil well structures and appurtenances whereon there exists the aforesaid conditions; including but not limited to, property upon which there is waste, junk, trash, debris, lumber and any conditions not maintained in a clean, neat and sanitary condition, and/or . idle wells and equipment, deteriorating. and defective structures , all of which constitute, and are further .declared to constitute, a public nuisance. The creation and/or maintenance of a, public nuisance. hereunder shall constitute a violation of the Huntington Beach oil. ordinance .. (Ord. 1653 (part) , 19',1) . 15 . 36 .030 Notice--Service. Upon completion of the aforementioned lists and descriptions of lots, the .oil su- perintendent shall mail or serve a notice. to abate a nuisance on the property owners, and/or lessees of surface or mineral rights , and/or oil operators or occupants thereon. (Ord. 1653(part) , 1971). . 15. 36.040 Notice--Form. The notice is to be .sent by the oil field superintendent and shall .be as follows : "Notice is hereby given that pursuant to Title 15 of the Huntington Beach Municipal . Code, the City Council has declared conditions such .as those on the property at to constitute_ a . public nuisance, which must be abated by the removal . of the objectionable material or conditions . Otherwise,. it will be removed and the nuisance abated by the city,. and the cost of removal assessed upon the lands and buildings from or in front of which the rubbish, refuse; etc. , are re- moved, and shall constitute a lien upon s..uch land until paid. N.001 . 461 15 . 36 . 050--15. 36. 060 All those notified who have any objections to the pro- posed removal of the above material are hereby notified to attend the meeting of the Huntington Beach City Council in the Council Chambers of City Hall on the day of , 19 , when such objec- tions shall be heard and given due consideration. " (Ord 1653 (part) , 1971) . 15. 36. 050 Council hearing findings. Upon termination of the hearing, the city council, if it finds a nuisance, shall pass the appropriate resolution directing action of said lots, which resolution shall read. as follows : "RESOLVED by the City Council of the city of Huntington Beach, whereas the City Council caused written notice to be sent to the recipient as listed on the lists of lots, to clear said lots of the objectionable matter; and All parties desiring to .object to said notice were heard on this day of 19 , NOW, THEREFORE, it is ordered that the oil field super- intendent abate the nuisance and assess the cost to those responsible for the property as per the above lists, as approved. " (Ord., 1653(part) , 1971) . 15. 36. 060 Abatement work cost .assessment.. (A) The lot-cleaning work shall proceed under the direction of the oil field superintendent and may be done by city forces or private contractor. (B). The individual in charge of the work shall keep a record and account of the costs of abatement. (C) Upon completion of the work, a report shall be sub- mitted to the city council and a hearing date set. (D) The parties to be assessed shall receive by mail fifteen days prior to the hearing, the following notice to be sent by the city clerk: "NOTICE IS HEREBY GIVEN that on the day of 19_, at the hour of P.M. , in the Council Chambers of City Hall, Huntington Beach, California, the City Council of the city of Huntington Beach will hear and pass upon the report of the oil field superintendent containing the proposed sum to be assessed against the following described property for abatement of the nuisance thereon; and when and where it will hear all objections or protests which may be raised by any party liable to be assessed for the costs of abatement, and any other interested persons, and that any person interested may file written protests � 462 15. 36 . 060 with the City Clerk any time prior to the time set for such hearing on said report. Each such protest shall contain a description of the property in which the person .signing is interested and the grounds for such protest. The . property upon which the assessment is proposed to be levied is described as ..follows : (DESCRIPTION) The proposed assessment is the sum of (words) (E) A copy of the work-and-costs report o.f the oil field superintendent shall be posted for at least three days prior to its submission to the city council on or near the bulletin board located near the information desk on the first floor of 'city hall. (F) _ Upon completion of the hearing, the city council shall resolve accordingly as follows : . "RESOLVED 'by the City Council of the city of Huntington Beach that pursuant to Resoltuion No . of the city Council of the City of Huntington Beach., adopted on the day of 19 the. oil.'field superintendent of the City of Huntington Beach caused ✓" the abatement of the nuisance by cleaning the lots in- dicated on the final list, attached hereto and by re- ferenc'e made a part hereof; and- The oil field superintendent has 'filed. with the City Council a report of such work; and Public hearing was held by this Council on the day of , . 19 at the hour of P.M.. , in the Council Chambers , City of Huntington Beach, after notice duly published and mailed in time, form. and man- ner required by -.law; and This Council has acquired jurisdiction to order confir- mation of the proposed assessments.; NOW, THEREFORE , the City Council of the City of Hunting- ton Beach does hereby find, determine and order as fol- lows : (1) The report of the oil field superintendent is hereby confirmed.. (2) The sum of money listed as the costs of abate- ment, as indicated on' the attached lists and incorporated 463 15. 36. 070--15. 36:080 herein, shall constitute a lien for the amount of such assessment. (3) Notice to pay such assessment shall be sent to parties liable to be assessed. (4) Notice of lien shall be filed in the office of the County Recorder for each parcel on the final list, and when recorded, shall be delivered by the oil field superintendent to the County Controller and Assessor who is expressly authorized- to enter the amount thereof in =the county assessment book .opposite the description of said parcel, and thereafter such amount shall be col- lected at the time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedures under fore- closure and sale in case of delinquency, as provided for ordinary municipal taxes . " (G) No property owner shall be held liable for the cost. of nuisance abatement unless said owner is also conducting oil operations on the property upon which the nuisance exists. In those cases where an oil lease supersedes the right of the property owner to come upon the leased premises and effect- uate work thereon, the cost of nuisance abatement thereon .shall be assessed only against. such leaseholder. (Ord. 1653 (part) , 1971) . + 15. 36 .070 Amounts received. The oil field superinten- dent may. receive the amount due on the abatement costs and issue receipt any time after the passage of the foregoing resolution and until thirty days before taxes are collected. (Ord. 1653 (part) , 1971) . a 15. 36 .080 Notice--Assessment. due. The notice to pay assessment referred to in Section 15 .36 .060(F) (3) of this code shall be as follows : "NOTICE TO PAY ASSESSMENT Notice is hereby given to the parties liable to be as- sessed to pay the costs and expenses for the abatement of a public nuisance at in the sum of (words) ($ ) , and the same shall be in lien on said property until the sum has been paid in full and dis- charged of record. The real property upon which a lien is clamined is that certain parcel of land lying and being in the city of Huntington Beach, County of Orange, State of California, 464 15. 36. 090--15. 36 . 100 and particularly described as follows : (DESCRIPTION) DATED: oil Field Superintendent" (Ord. 1653 (part) , 1971) . 15 . 36,090 Pa-id assessments . If -the moneys for Assess- ments are paid, when received by .the finance department, the department shall issue receipt therefor and inform the county auditor to remove the assessments from the tax roll in accord- ance with payment received. (Ord. 1653 (part) , 1971) . 15. 36 .100 Notice--Lien. The notice of lien, referred . . to in Section 15 . 36 . 060 (F) (4) of this code shall be as fol- lows : "NOTICE 'OF LIEN Pursuant to the authority vested in the oil field super- intendent, and resolutions of the City Council of the City of Huntington Beach attached hereto, said official did, on or about the day of 197 cause .the abatement of the nuisances located at and the oil field superintendent of the. city of Huntington Beach .did assess the'--cost of such work against the parties, served the order .to abate, and .the same has not been paid. or any part thereof, and the City of Huntington Beach does hereby claim . a lien on the property of those served for .the net expense of abating the nuisance in the amount of said assessment; to wit, the sum of (words) ($ ) , and the same shall be a lien on said real property until the sum has been paid in full . and discharged or record. The real property upon which a lien is claimed is that Certain parcel of land lying and being in the city of Huntington Beach, County of Orange, State of California, and particularly described as follows : (DESCRIPTION) Dated:. Oil Field Superintendent" (Ord. 1653 (part)., 1971) . 465 15. 36. 1107-15. 40. 020 15 . 36. 110 Additional remedies . As to any lots or pro- perty. declared to be a nuisance hereunder, the city attorney ✓ "may proceed to abate the same by filing a civil action to . abate a nuisance against the owners , or oil operators, or lessees or occupants thereon. (Ord. 1653 (part) , 1971) . Chapter 15 .40 NONPRODUCING WELLS ACTIVATED Sections : . 15. 40 .0.10 Permit--Required. 15. 40 . 020 Permit--Application filing.. 15. 40 .030 Application--Fee. 15.40 .040 Application--Referral to board of adjustments. 15.40 . 050 Application--Recommendation by superintendent. 15. 40 . 060 Application--Action by board. 15 . 40 .070 Application--Termination." . 15. 40 .080 Permit--Conditions imposed by .board. 15. 40 . 090 Permit--Issuance. 15. 40 .100 Permit--Revocation--Findings 15 .40 . 110 Permit--Revocation--Hearing. 15.40 .120 Permit--Revocation--Notice. 15 .40 . 130 Permit--Revocation--Effect. " 15 . 40 . 140 Permit--Revocation--Appeal . 15. 40 . 150 References . 15. 40 . 010 Permit--Required." No person or operator shall activate or put into production an oil well within the city after notice has been given that such well is deemed to be an idle well pursuant to Section 15 .32 . 010 of this code, or any well whose drill site has been cleaned and re- stored in accordance with Sections 15 .24 .080 and 15. 24 . 120 , unless an activation permit has been first obtained pursuant to the provisions of this chapter. (Ord. 1559 (part) , 1970) . 15 . 40 .020 Permit--Application filing. (A) The oper- ator of any well subject to provisions of this chapter may file with the department of oil field control an application for activation of such well . In the case of a well whose drill site has not been cleaned and restored, as required by Sections 15 . 32 . 050 through 15 . 32 .080 of this code, such application shall be filed within twenty days after the date of notice given pursuant to Sections 15 . 32 . 050 through 15. 32 .0.80 of this code , or within twenty days after determin- ation of appeal therefrom taken under Section 15 . 04 . 060 of this code. (B) In the case of any well "whose drill site has been •moor 466 15. 40 . 030--15. 40 . 060 cleaned and restored, as required. by Sections 15 . 32 ..050 through . 15, 32 .080 of this code_, the application for permit under this chapter may be filed at any time . (Ord. 1935 531 , 1974 : Ord. 1559 (part) , 1970) . _ 15. 40 .030 Application--Fee. No permit application shall be accepted by the department of oil field control unless a permit application fee in the sum of fifty dollars , payable to the city .of Huntington Beach, .is paid when such application is presented for filing. Such fee is not refundable. (Ord. 1559 (part) , 1970) . 15. 40 .040 Application--Referral to board of adjustments. Upon receipt of such application and fee, . the department of oil field control shall refer the application to the board of zoning adjustments of the city and shall transmit the fee to the -city finance department. (Ord. 1559 (part) , 1970) . 15. 40 ..050 Application--Recommendation by superintendent. Within .ten. days after such application is filed, the oil field 'superintendent,. or his representative shall investig- ate the matter and shall make a report and recommendation in writing to the board of zoning adjustments . The board shall consider such report and recommendation prior to taking action on the . application. (Ord. 1559 (part) , 1970) . 15. 40 .060 Application--Action by' board. The board of zoning adjustments shall have authority to approve, condit- ionally approve or deny the application for permit. Howevar, the board shall not approve, or conditionally approve such application unless and until it finds all_ of the following: (A) That the property on which such we-ll .is located is zoned for oil production at the time. the" application is made; or A conditional exception to permit oil production has been granted at the time such application is made; (B) Prior to the approval or conditional approval of such application, applicant has complied with and completed all applicable provisions" of Article 968 of this code with respect to the property on which such- well is located, not- withstanding the nonconforming oil operation provisions con- tained therein. Applicant shall submit a plot plan to the board, showing that the oil operation and property comply with such applicable provisions . of Article 9.68 of this code; (C) The applicant is not in violation of any provis- ion of the Huntington Beach Ordinance 'Code at the time the application is acted upon by the board. (Ord. 1559 (part) , 1970) . 467 15 . 40. 070--15. 40. 120 15 . 40 .070 Application--Termination. The application shall be deemed denied ninety days after the date of its filing. The board may extend the period of time in which action may be taken on the application for one additional ninety day period. (Ord. 1559 (part) , 1970) . 15. 40.080 Permit--Conditions imposed by board. The board of zoning adjustments may impose any conditions which it may deem necessary to insure compliance by the operator with the provisions of the Huntington Beach Municipal Code. (Ord. 1559 (part) , 1970) . 15 . 40 .090 Permit--Issuance. When action has been taken by the board upon the application, the board shall transmit its findings, together with its approval, conditional - approval or denial of such application to the department of oil field control, which shall issue a permit in accordance therwith, or give notice to applicant of the denial of such permit. (Ord. 1559 (part) , 1970) . 15. 40 .100 Permit--Revocation--Findings . The oil field superintendent shall revoke any permit for activation of idle wells granted under this chapter when the board of zoning adjustments , after notice and hearing as provided by this chapter, has found. the following: (A) The operator of the idle well is in violation of the Huntington Beach Municipal Code (neither prosecution nor conviction is necessary to such finding) ; or (B) The operator does not have, paid and in force, all licenses and/or permits for such well as .required by this code; or (C) The operator of the idle well has failed to comply with any of the conditions attached to the permit; or (D) The idle well has not commenced production within ninety days following issuance of permit; or (E) The well for which the permit was granted continues to be or becomes an idle well, as defined in Chapter 15 . 20 of this code. (Ord. 1559 (part) , 1970) . 15. 40 . 110 Permit--Revocation--Hearing. No permit, issued under this chapter shall be revoked without a hearing being first held by the board of zoning adjustments after ten days written notice of such hearing to the operator of such well. (Ord. 1559 (part) ;. 1970) . 15 . 40 .120 Permit--Revocation--Notice. When the board of zoning adjustments,. .after hearing as herein provided, determines that the permit shall be ,revoked pursuant to Sec- tion 15. 40 . 100 of this code, the oil field superintendent shall revoke such. permit and give written notice of such re- vocation to the. operator. (Ord. 1559 (part) , 1970) .. 468 15. 40. 130--15. 40 . 150 15 . 40 . 130 Permit--Revocation--Effect . Upon the ser- vice of notice of revocation upon the operator, the operator shall clean and restore the drill site and. surface thereof, as required by. Sections 15 .24 .080. and 15 .24 .120 .of this code, within ninety days after such notice has been served. (Ord. 1559 (part) , 1970) . 15 . 40 . 140 Permit--Revocation--Appeal . Any decision made under this chapter may be appealed. to the city .council ..in accordance with the procedures. set forth in Section15. 04- i060 of this code . (Ord. . 1935 .§32, 1974 : Ord. 1559 (part) , 1970) 15. 40 . 150 References. All references in this chapter to this code or any section of this code .include future amendments thereto. (Ord. 1559 (part) , 1970) . 469 t Title 16 (RESERVED) 471 VOWTitle 17 BUILDINGS AND CONSTRUCTION Chapters : 17. 04 Building Code 17. 08 Housing Code 17..12 Dangerous Buildings Code 1-7. 16 Masonry Walls 17. 20 Driveways and Parking Areas 17,24 Sun Decks--Windscreens 17. 28 Moving Buildings . 17. 32 Fire Zones 17. 36 Trailer Parks and Regulations . 17. 40 Mechanical Code 17. 44 Plumbing Code 17. 4.8 Electrical Code . 17.52 Swimming Pool Code 17. 56 Uniform Fire Code Chapter 17. 04 BUILDING CODE Sections': 17.04. 010 Title . 17. 04. 020 Adopted. 17.04. 030 Concrete floor thickness . 17.04. 040 Metal base screed. 17. 04.050 State housing regulations . 17.04. 060 Lot test waiver. 17. 04. 070 Section 302 (d) amended--Permit expiration. 17. 04. 080 Section 303 (a) amended--Permit fees. 17.04.090 Section 303 (c) , (d) and (e) added--Addi- tional fees. 17.04. 100 Section 306 (a) amended--Occupancy certificate. 17. 04. 110 Section 1603 (a) amended--Fire zone 2 excep- tions . 17.04 . 120 Section 3802 (b) 8 amended--Fire extinguishing system. . 17. 04. 130 Section 3802 (d) added--Fire extinguishing systems. 17. 04. 140 Permits requiring discretionary approval. 17.04. 150 Penalty. 473 17 . 04. 010--17 . 04. 030 17. 04. 010 Title . This building code shall be known as and referred to as the "Huntington Beach building code. " (Ord. 1935 §77, 1974) . 17. 04 .020 Adopted. There is adopted by the city council of Huntington Beach that certain code known as the Uniform Building Code, Volume I , 1970 edition, and the whole thereof, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use , height, area and maintenance of buildings or structures in the city; . providing for issuance of permits and collec- tion of fees therefor; declaring and establishing fire districts ; providing penalties for the violation thereof, and repealing all ordinances and parts of ordinances in conflict therewith except for Chapters 17. 16 , 17 . 20 , 17 . 24, 17. 28 and 17. 36 , and the following sections of this chapter, of which code not less than three copies have been and now are on file in the office of the city clerk and the same is adopted and incorporated as fully .as though set out at length herein, as provided by Section 50022. 2 et seq. of the Government Code of the state of California, and from the date the ordinance codified herein shall take effect and the provisions thereof shall be controlling within the corporate limits of the city. (Ord. 1626 (part) , 1971 : Ord. 1331, 1967 : Ord. 1139 , 1965 : Ord. 106.4 , 1964 : Ord. 869 , Ord. 1961 : Ord. 592 , 1952 : Ord. 530 , 1948 : Ord. 375 , 1934) . 17. 04. 030 Concrete floor thickness . (A) Except where otherwise permitted in this section, concrete slab- on-ground shall be nominal four inches or more in thick- ness with not less than three and five-eighths inches (actual) at any point and for all habitable spaces the following shall be the minimum requirements : Separation from earth with approved vapor barrier (polyethylene minimum . 006 or equal mils) and reinforced with minimum 6" x 6" and #10 x #10 welded wire fabric. (B) Structural Slabs . Structural slabs shall be of design thickness, but not less than four inches . (C) Double Slabs . Where slabs-in-ground are placed in two operations (double slabs) minimum thickness of upper slab, three inches; lower slab, two inches . (D) Proportions of Cement. Proportions of cement, fine and coarse aggregate and mixing water shall be selected to produce concrete of the required durability, workability and strength. Proportions shall follow the recommendations of the American Concrete Institute (ACI 613) . The mixture shall be such that the concrete will work readily into corners and angles of forms and around reinforcement with- out segregation of materials or accumulation of excess free 474 17. 04. 040--17. 04. 070 water on the surface. (E) Concrete. Concrete shall contain not less than five sacks of cement per cubic yard. (F) Mixing .Water. Quantity of mixing water shall not exceed seven and -one-half gallons per sack of cement, in- cluding the free water contained in the aggregate. (G) Slump. The following. conditions shall apply to Slump : (1) Maximum slump shall not exceed four inches for normal weight concrete or three inches for lightweight con- crete except that a slump not to exceed six inches may be permitted provided segregation of aggregate particles does .. not occur. (2) Standard test ASTM C-143 shall be used to measure slump. (3) Concrete shall have a compressive strength, at twenty-eight days., of at least the required design strength but not less than two thousand psi . (4) A copy of the bill of lading for all such materials must be .made available to the . Huntington Beach building department inspectors upon request. (Ord. ' 1018 , (part) , 1964 : Ord. 893 , 1962 : Ord. 859 (part) , 1961) . 17.04.040 Metal base screed. Metal base screed shall be installed prior . to exterior plaster lath application on all residential frame construction. (Ord. 1063 (part) , 1964) . 17. 04.050 State housing regulations . Sections 17953 , 17954 , 17955, 17.956 and 179.57 of the State Health and Safety Code , shall govern in relation to housing. (Ord. 1167 (part) , 1965) . 17.04. 060 Lot test waiver. Under authority of Section 17957 California Health and Safety Code , the building depart- ment may waive the requirements for tests on individual lots as set forth in Section 17954 of the California Health and Safety Code, if as an alternative each and every dwell- ing within the subdivision is structurally designed to with- stand the most critical soil problem within that subdivision. (Ord. 1167 (part) , 1965) . 17. 04 . 070 Section 302 (d) amended--Permit expiration. Section 302 (d) , entitled "Expiration, " of the Uniform Building Code, Volume I , 1970 Edition, is hereby amended by adding thereto the following: "However, that period of time between the date of filing of an application for a permit pursuant to the California Coastal Zone 'Conservation Act and the date final action is taken on said application shall not be included 475 17 . 04. 090 in either the sixty or one hundred twenty day period. " (Ord. 1831 (part) , 1973) . 17.04. 090 Section 303 (c) , . (d) and (e) added--Addi- tional fees. Section 303 of the Uniform Building Code, Volume I , 1970 Edition, is amended by adding new subsec- tions 303 (c) , 303 (d) and 303 (e) , to read as follows : " 303 (c) Special Services . At the request of an appli- cant the Building Official may authorize the performance of special services not otherwise required by this code nor included in -the schedule of fees as specified in this section. .The fee for any such special service shall be set by resolu- tion of the City Council. The minimum fee shall be based on not less than two hours per special service request. The fee shall. be paid to the City of Huntington Beach. 303 (d) Investigation Fees . Where any work requiring a permit commences prior to the obtaining of the permit, the total permit fee shall be the standard permit fee as required in subsection (a) of this section plus an investiga- tion fee. Where the standard permit fee is equal to $10. 00 or less , the minimum investigation fee shall be $10 . 00. Where the standard permit fee is in excess of $10.00 , the investigation fee shall be .the same as the standard permit fee. The payment of the investigation .fee shall not exempt any person from compliance with the provisions of the code or from any other penalty prescribed by law. 303 (e) Reinspection Fee. A reinspection fee may be assessed for each .inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections be- fore the job is ready for such inspection .or reinspection. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the . approval of the Building Official. To obtain a reinspection the applicant shall file an application therefor in writing and pay the reinspection fee. 476 17. 04. i00--17. 04. 120 . In instances where reinspection fees have been assessed, no additional -inspection :of the .work will be performed until the. required fees. have been paid. The fee for each reinspection shall be $10 .00 . " (Ord. 1868 (part) , 1973) . 17.04. 100 Section 306 (a) amended--occupancy certificate. Section 306 (a) , entitled "Use or Occupancy" of the Uniform Building Code, Volume I , 1970 Edition, is amended by adding thereto the following : "CONDITIONAL CERTIFICATE. A conditional certificate of occupancy may be issued by the building official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. Prior to issuing a conditional certificate of occupancy, the building official shall determine that the building or structure meets minimum requirements for the health, safety and welfare of occupants- and that the issuance of such cer- tificate will not interfere with or hinder the completion of the building: (a) The expiration date;, (b) A list of items to be completed prior to acceptance of the building or structure, and issuance of a final certificate of occupancy; and (c) A statement that a conditional certificate of occupancy is temporary in nature and that it is issued with the understanding that continued occupancy of the building or structure is contingent upon the completion of listed items and issuance of a final certificate of occupancy for the entire building. " (Ord. 1831 (part) , 1973 : Ord. 1626 (part) , 1971) . 17. 04. 110 Section 1603 (a) amended--Fire zone 2 excep- tions . Section 1603 (a) entitled "Restrictions in Fire Zone No. 2" of the Uniform Building Code , Volume I , 1970 Edition , is amended by adding thereto the following: "EXCEPTION: Greenhouses and. lath houses , not exceed- ing three thousand .(3000) square feet in floor area, may be erected in Fire Zone No.. 2. They shall be not less than five (5) feet from any property line , except .a street property line, and ten (10) feet from other buildings on the same property. " (Ord. 1898 , 1974 : Ord. 1626 (part) , 1971) . 17. 04. 120 Section 3802 (b) 8 .amended--Fire extinguishing system. Section 3802 (b) 8 -of the Uniform Building Code , 1970 Edition, is .amended to read as follows : 477 17. 04. 130--17.04. 140 3802 (b) 8. In Group F, Division 2 occupancies used for retail sales , wholesale sales , factories and workshops using combustible material, or storage of combustible goods , when the building is over 12 ,000 square feet in a single floor area or more than two stories in height, however, the respective increases for area and height as specified in Sections 506 and 507 shall be permitted. " (Ord. 1802 (part) , 1973) . 17. 04. 130 Section 3802 (d) added--Fire extinguishing systems . Section 3802 of the Uniform Building Code, 1970 Edition, is amended by adding thereto subsection ,.(d) , to read as follows "3802 (d) . . Approved automatic fire extinguishing systems shall also be installed and maintained in operable condi- tion as specified in this chapter in the following locations : (1) Throughout parking garages over 6,000 square feet in area. (2) Throughout bowling alleys over 6 ,000 square feet in area. (3) Throughout all drinking and dining establishments exceeding 6 ,000 square .feet or having an occupant load in excess of 150 . (4) Throughout all .A and B occupancies having a stage or enclosed platform. (5) Throughout all structures having an A or B occupancy with an occupant load of more than fifty (50) above the first story. (6) Throughout all buildings or structures with a usable floor area that is fifty-five (55) feet above grade or containing four (4) or more stories . (7) Throughout all H occupancies when the floor area above the second floor, regardless of area separation walls , exceeds 5,000 square feet, or when the total number of units in any one structure exceeds fifty (50) . In all cases set forth above, the respective increases for area and height specified in Sections 506 and 507 shall be permitted. Whenever an automatic fire extinguishing system is re- quired by this subsection (d) and by no other provision of this code, reasonable reduction of other fire protection requirements may be permitted when in the opinion of the Building Official and the .Fire .Marshal the level of protec- tion contemplated by -the Uniform Building Code is substan- tially maintained. " (Ord. 1802 (part) ; 1973) . 17.04. 140 Permits requiring discretionary approval. Whenever any type of discretionary approval is required pursuant to the requirements contained in Division 9 of 478 17. 04. 150 the Huntington Beach Ordinance, no permit shall issue for excavation, grading, construction, obstruction, remodeling, alteration, addition, relocation or any act which prepares real property for the construction of a building or structure or for the development of said property, or for the establish- ment of a use, until such discretionary approval has been procured. (Ord. 1888, 1973) . 17. 04. 150 Penalty. (A) It is unlawful for any person, firm or corporation to occupy, or permit to be occupied, any building or structure, or maintain a building or struc- ture which is occupied in the city of Huntington. Beach, prior to the issuance of a certificate of occupancy, or conditional certificate of occupancy for such building or structure, or contrary to the terms of any such certificate of occupancy or conditional certificate of occupancy, or after the expiration of the conditional certificate of occupancy. (B) Any person, firm or corporation occupying or per- mitting the occupancy of any building or structure, or main- taining a building or structure which is being occupied in the .city, prior to the issuance .of a .certificate of occupancy or conditional certificate of occupancy for such building or structure , or contrary to the terms of any such certifi- cate of occupancy or conditional certificate of occupancy, or after the expiration of the conditional certificate of occupancy, shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be -deemed guilty of a separate offense for each and .every . day, or portion there- of, during which such building or structure is occupied in violation of this code , and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars , or by imprisonment for not more than ninety days , or by both such fine and imprisonment. (Ord. 1484 , 1969) . Chapter 17.08 HOUSING CODE Sections : 17. 08. 010 Title . 17. 08.020 Adoption. 17. 08.030 Compliance required. 17.08. 040 Build or construct defined. 17.08. 050 Minimum floor space. 479 17. 08 . 010--17. 08. 050 17. 08.010 Title . This housing code shall be known as and referred to as the "Huntington Beach housing code. " (Ord. 1935 §78, .1974) . 17. 08.020 Adoption. There is adopted by the city council by reference that .certain code known as the Housing Code, being Volume III of the Uniform Building Code, 1970 Edition, and the whole thereof. The purpose of such code is to arrest, remedy and prevent the decay and deterioration of places of habitation and to eliminate slums and blighted neighborhoods by providing minimum requirements for places of habitation for the protection oflife, health, welfare , safety and property of the general public and of the owners and occupants of places of habitation in the city; to pro- vide for the issuance of permits and collection of fees therefor; and to provide penalties for the violation thereof, and repealing all ordinances and parts of ordinances in conflict therewith except for the following sections of this chapter, of which code not less than three Copies have been and now are on file in the office of the city clerk, and the same is adopted and incorporated as fully as though set out at length herein, as provided by Section 50022 . 2 et seq. of the Government Code of the state of California, and from the date the ordinance codified herein shall take effect and the provisions thereof shall be controlling within the corporate limits of the city. (Ord. 1627 (part) , 1971 : Ord. 1424, 1968) . 17. 08. 030 Compliance. required. It is unlawful to build or construct any. building for human habitation within this city containing less than the minimum area of floor space as herein provided. (Ord. 1443 (part) , 1968) . 17.08.040 Build or construct defined. . "Build or construct" includes any building constructed elsewhere and moved to this city. (Ord. 1443 (part) , 1968) . 17.08. 050 Minimum floor space. The minimum. floor space area for any building constructed or used for human habitation shall be as follows : (A) Single family dwelling, not less than four hundred square feet; (B) Duplex or two family dwelling, not less than seven hundred twenty square feet; (C) Multiple family dwelling, not less than two hundred forty square feet. for each separate apartment. (Ord. 1443 (part) , 1968) . 480 17. 12. 010--17. 12.020 Chapter -17.12 DANGEROUS. BUILDINGS CODE Sections : 17. 12. 010 Adoption. 17. 12.020 Section 201(a) amended--Administration. 17.12 .030 Section 402 amended. 17. 12. 040 Section 502 amended. 17. 12..050 Section 604(f) amended--Rights of parties . 17. 12. 060 Section 605 amended. 17.12. 070 Section 701(.b) and (03 amended. 17 .12. 080 Penalty . 17. 12 . 010 Adoption. . There is hereby adopted by the city council of the city of Huntington Beach that certain code known as the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, for the purpose of providing a just, equitable and practicable method to be cumulative and in addition to any other remedy provided by the Uniform Building Code, Volume I, 1970 Edition, or Uniform Building Code, Volume III, Housing, 1970 Edition, or otherwise available at law, whereby buildings or structures, which from any cause endanger the life , limb, health, morals, property, safety or welfare ..of. the general public or their occupants , may be required to be repaired, vacated or demolished; pro- viding penalties for the violation of such code, and repealing all ordinances and parts of ordinances in conflict therewith, of which code not less than three (3) copies have been and now are on file in the office of the city clerk of the city of Huntington Beach, and the same is hereby adopted and incorporated as fully as though set out at length herein, as provided by Section 500.22. 2 et seq of. the Government Code of the state of California, and from the date of this chapter shall take effect and the. provisions thereof shall be controlling within the corporate limits of the city of Huntington Beach. (Ord. 1883 , 1/74; Ord. 1629 , 2/71; Ord. 1332, 7/66) . 17.12. 020 Section 201(a) amended--Administration. Section 201 (a) of the Uniform Code for the Abatement of Dangerous Build- ings, 1973 Edition, is amended to read as follows : 201(a) Administration. The building official is hereby authorized to enforce the provisions of this code . All of the powers and 'duties vested in the building official relating to the abatement of dangerous buildings pursuant to this code may be exercised .and performed by .the fire marshal. (Ord. 1883, 1/74) . 481 17. 12. 030--17. 12 .050 17.. 12. 030 Section 402 amended. Section 402 of the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, is amended to read as follows : 402.. At the time the notice and order is served, the building official may file in the office of the county recorder a certificate legally describing the property and certifying that the building is a dangerous building and the owner has been so notified. Whenever the corrections ordered shall have been completed, or the notice and order reversed, modified or set aside by the appeals board upon appeal, so that the building no longer exists as a dangerous building on the property de- scribed in the certificate, the building official shall forth- with file anew certificate with the county recorder that the building has been demolished or removed or is no longer dan- gerous . (Ord. 1883, 1/74) . 17. 12 . 040 Section 502 amended. Section 502 of the Uniform Code for the Abatement of Dangerous Buildings , 1973 Edition, is .amended to read as follows : 502. Failure of . any person to file an appeal in accordance with the provisions of Section 501 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order, or any portion thereof. However, such waiver shall not affect such person's right to. test the administrative order in any court proceeding. (Ord. 1883, 1/74) . 17. 20. 050 Section 604(f) amended--Ri hts of parties . Section 0 f of the Uniform Code for the Abatement of Dangerous Buildings , 1973 Edition, is hereby amended to read as follows : 604(f) Rights of parties . Each party shall have these rights , among others : 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; 4. To impeach any witness regardless of which party first called him to testify; 5. To rebut the evidence against him; 6. ' To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. _ 7. The hearing must proceed in the following order unless the appeals board, for special reasons, otherwise directs : (1) Chairman of the appeals board states the viola- tion; (2) Building official makes his opening statement as to what evidence he will produce; (3) Appellant makes his opening statement as to what evidence he will produce, if any; (4 ) Building official presents his evidence and appellant may exercise his right to cross-examine witnesses ; I 481-1 17 .12. 050--17.20 .070 (5) Appellant presents his evidence,. if any , and building official may exercise his right to cross-examine witnesses ; (6). Building 'official may present rebuttal testimony, if any; (7) Building official may present closing argument or summation; - (8) Appellant may present closing argument or summa- tion; (9) Building official may present rebuttal argument . (Ord. 1883, 1/74 ) . 17.12.060 . Section. 605 amended. Section� 605~ of the Uniform Code .for the Abatement of Dangerous Buildings, 1973 Edition, is hereby amended to read as follows 605 (a) At the conclusion of the hearing, or within ten (10 ) days thereafter, the appeals board shall render 'a decision in writing, containing findings of facts, a determination of the issues presented, and the requirements to be complied with. (b ) The decision may affirm, modify or set aside any order or action of the building official. A majority of the members of the appeals board must concur in any such decision. The decision of the appeals board shall be final. (c) Copies of the decision thereof shall be delivered. to each appellant and the building official in the manner pre- scribed in Section 401(c ) , "Service of Notice and Order, " and Section 401 (d) , "Method of Service." Proof of service '' shall be filed with the appeals board' s record .of the case. (d) Except- for an _emergency vacation order, made pur- suant to Section 403, enforcement of any notice and order of the building official, issued under this chapter, shall be stayed during _the pendency of an appeal therefrom, properly and timely filed. (Ord., 1883.9 1/74) 17 ..12.070 Sections 701(b). and . 701(c)3 amended. Sections 701(b ) and 701 c 3 of the Uniform Code for the Abatement . of Dangerous Buildings , are hereby amended to read as follows : 701(b ) Failure to obey orders . If, after any order of the building official or board of appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to .obey such order, the building official may (i) cause such person to be prosecuted under subsection (a) of this section or (ii) institute any appropriate court action to abate such building as a public nuisance. 701(c)3. The building official shall, pursuant to an order of any court of competent Jurisdiction, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice_ and . order require demolition, pur- suant to 'any such court order, cause the building to be sold 481-2 17. 12.070--17. 12. 070 and demolished or demolished and the materials , rubble .and debris therefrom removed and the lot cleaned. Any such repair and demolition shall be accomplished and the cost .theredf paid and recovered in the manner hereinafter provided in this code or as otherwise provided by court order. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and cleaning the lot , shall be paid over to the person or persons lawfully entitled thereto. (Ord. 1883, 1/74) . 17. 12. 080 Penalty. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge , alter, repair, move, improve ; remove , convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the- same to be done, contrary to or in violation of any of the provision of ,this code . (Ord. 1883, 1/74; Ord. 1332, 7/66) . 481-3 17.16..010--17. 16 . 050. . Chapter 17. 16 MASONRY WALLS' Sections : 1.7. 16.010 Construction standards. 17. 16.020 Six foot block wall. 17. 16..030 Four foot block wall. 17416.040 Masonry retaining walla .17 . 16.050 Required inspections . 17. 16.010 Construction standards . All masonry walls will be .constructed according to city Standard Plans Nos . 126-A,. 126-B, 126-C, 127, 128 .and 129. All notations and information delineated on these plans are made _ a part of this chapter. (Ord. 1174, 12/65; Ord. 914, 6/62) . 17. 16 . 020 Six foot block wall For provisions regard- ing six foot .block walls , see Standard Plans No. 128. (Ord. 1174., 12/65_; Ord. 914, 6/62) . 17. 16.030 Four foot block wall. For provisions re- garding four, .))foot block walls, see Standard Plan No. 129 (Ord. 1174, 12/65; Ord. 914, 6/62) . 17.16.040 Masonry retaining wall. For provisions regarding, masonry. retaining walls , see Standard Plan No. 126-A, 126-B, 126-C and Plan No. 127. (Ord. 1174, 12/65; Ord. 914, 6162) . 17. 16 .050 Required inspections Inspections shall be required: (a) Following excavation of footings and post holes , with reinforcing steel on job; (b) Prior to placement of fourth course of blocks; (c ) Prior to grouting pilasters . (Ord. 914 , 6/62) . �- 482 17. 20. 010--17. 20. 040 Chapter 17. 20 DRIVEWAYS AND PARKING AREAS Sections : 17. 20 .010 Driveway design. 17. 20 .020 Crown or cross-slope. 17. 20. 030 Ribbon driveways . 17. 20 .040 Subgrade construction.. 17. 20 .050 - Soil sterilization--Pavement. 17. 20. 060 Concrete pavement. 17. 20 . 070 Bituminous pavement. 17.20. 080 Aggregate base. 17. 20 . 090 Asphaltic concrete . 17. 20 .010 Driveway design. The following shall apply to driveway design : (A) Driveway shall extend from street or alley pave- ment or curb line to garage, carport or parking space. (B) Minimum width shall be ten feet. (C) Driveway entrance shall have a flare or radii adequate for safe and convenient ingress and egress . (D) Maximum gradient between vertical transition, one and three-fourths inches per foot (14 percent) . �►°` (E) Vertical transition shall prevent contact of car undercarriage or bumper with surface. (F) Horizontal alignment shall be safe and convenient to back car out or an adequate turnaround shall be provided. (Ord. 924 (part) , 1962) . 17. 20 . 020 Crown or cross-slope. The following limits shall apply to crown or cross-slope : (A) Minimum, one-eighth inch per foot (1 percent) . (B) Maximum, five-eights inch per foot (5 percent) . (Ord. 924 (part) , 1962) . 17. 20.030 Ribbon driveways . Ribbon driveways may be used in accordance with the following: (A) Ribbons shall be concrete, five feet o. c. (B) Minimum width of ribbon shall be two feet. (C) Apron at street shall be flared and improved full width for at least twelve feet length, .using concrete or other acceptable material . (Ord. 924 (part) , 1962) . 17.20. 040 Subgrade construction. Subgrade shall be well- drained, uniformly graded and compacted to prevent harmful differential settlement. (Ord. 924 (part) , 1962) . 483 17 . 20. 050--17 . 20 . 090 17. 20 . 050 Soil sterilization--Pavement. (A) Soil sterilization shall be used in all areas to be paved where there is evidence of vegetation. (B) Pavement shall be concrete bituminous pavement or other appropriate local road materials . (Ord. 924 (part) , 1962) . 17. 20 .060 Concrete pavement. The following shall apply to concrete pavement : (A) Minimum thickness shall be four inches actual; (B) Provide an expansion joint at public walk or curb and at garage or carport slab; (C) Provide contraction joints at approximately ten foot intervals ; (D) Finished to provide smooth surface true to cross section and grade; (E) Concrete shall be kept moist for a period of three days to insure proper curbing. (Ord. 924 (part) , 1962) . 17. 20 .070 Bituminous pavement. The following shall apply to bituminous pavement: (A) Base shall be of crushed stone , gravel or other appropriate, durable road materials , properly compacted to four inch minimum compacted thickness . (B) Wearing surface shall be bituminous concrete, compacted to minimum thickness, two inches . (Ord. 924 (part) , 1962) . 17. 20. 080 Aggregate base. Aggregate base shall be Class 2 aggregate base , graded to three-fourths inch maximum, shall conform to and be placed in accordance with the provisions for Class 2 aggregate base as specified in Section 26 of the Standard Specifications of the state of California, Department of Public Works , Division of Highways , dated January, 1960 . (Ord. 1063 .(part) , 1964 : Ord. 924 (part) , 1962) . 17. 20 .090 Asphaltic concrete. Asphaltic concrete shall be Type B asphaltic concrete , graded to one-half inch maximum, shall conform to and be placed in accordance with the provisions for Type B asphaltic concrete as specified in Section 39 of the Standard Specifications of the state of California, Department of Public Works , Division of Highways , dated January, 1960 . (Ord. 1063 (part) , 1964 : Ord. 924 (part) , 1962) . . 484 17. 24. 010--17. 24 .050 Chapter 17. 24 SUN. DECKS--WINDSCREENS Sections : 17. 24. 010 Extension from bulkhead. 17. 24.020 Railing. 17. 24. 030 Windscreen. 17. 24. 040 Top elevation. 17. 24. 050 Obscuring glassed-in. areA'. 17. 24, 060 Applicable to waterfront lots . 17. 24. 070 Construction license. 17. 24.080 License fee. . 17. 24 .010 Extension from bulkhead. No deck structure_ shall extend more than five feet beyond the bulkhead. (Ord. 1114 (part) , 1965) . 17. 24. 020 Railing. Railing, not exceeding forty-two inches in height, may be constructed . completely surrounding deck area. (Ord. 1114 (part) , 1965) , 17. 24.030 Windscreen. Windscreen may enclose fifty percent of' the deck perimeter- within the following structural limitations : (A) .Shall be self-supporting and not attached to an existing dwelling; (B) . No portion of.. a windscreen shall be covered or roofed over in any manner. No device or materials shall be incorporated in this structure that connects the windscreen to the dwelling; (C) All required side yard setbacks shall apply; (D) No windscreen shall exceed eight. feet in height, measured from finished floor of deck; (E) All portions of windscreen above the allowed three foot six inch railing height shall be glass and shall be maintained in a transparent condition, (Ord. 1114 (part) , 1965) . 17. 24 . 040 Top elevation. Top of deck elevation shall not be above the first floor elevation in the dwelling unit. (Ord. 1114 (part) , 1965) . 17. 24.050 Obscuring glassed-in area. ' No material shall be. attached to this structurethat in any way tends to obscure the glassed-in area. (Ord. 1114 (part) , 1965) . 485 17. 24 . 060--17. 28 . 010 17. 24. 060 Applicable to waterfront lots . This chapter shall apply only to lots designated as waterfront lots and patio decks projecting beyond. the bulkhead line shall be limited to wharfage areas assigned to said waterfront lots . (Ord. 1114 (part) , 1965) . 17. 24.070 Construction license. Any person, corpora- tion or firm desiring to build a deck projecting beyond the bulkhead must first obtain a license from the city to do so. (Ord. 1114 (part) , 1965) . 17. 24.080.. License fee . The fees for the license will be five dollars annually. (Ord. 1114 (part) , 1965) . Chapter 17. 28 MOVING BUILDINGS Sections : 17. 28.010 Permit--Application--Conditions . 17. 28. 020 Permit--Application--Contents. . 17. 28.030 Moving notice cards posted. 17. 28. 040 Moving notice cards specifications . 17. 28._050 Cards posted inconspicuous place. 17. 28. 060 Card posting period. 17. 28.070 Determination of effect of move . 17. 28. 080 Review by board of adjustments. 17. 28. 090 Decision of board. 17. 28. 100 Protest and hearing. 17. 28. 110 Relocation permit--Inspection fees . 17.28. 120 Relocation permit--Bond required. 17. 28. 130 Bond conditions . 17. 28. 140 Default in .performance of conditions--Notice given. 17. 28. 150 Cash bond--Manner of enforcement. 17. 28. 160 Option to demolish building. 17. 28. 170 ' Bond--Period and termination. 17. 28.180 Entry upon premises. 17. 28. 190 Default--Completion of work by city. 17. 28. 200 Interference with completion by city. _ 17. 28.210 Relocation permits--Exceptions . 17. 28. 220 Relocation permits--Void when. 17.28.230 . Government agencies excepted. 1.7.28. 240 Final inspection of moved building. 17. 28.010 Permit--Application--Conditions . (A) No person, firm or corporation shall move any building, or 486 17. 28. 020--17. 28 030 structure, or portion of a building or structure into the city .or relocate within the city, or cause the same to be done without first obtaining a separate building permit for each building or structure, or portion thereof from the Huntington Beach building department. (B) This building moving permit .will be subject to the following conditions : . (1) Payment of a relocation fee ; (2) The maximum time limit for the completion of a move-in building shall be one hundred twenty days ; (3) All streets shall be dedicated to their ultimate right-of-way and improved to city standards in- cluding street trees , street lights and street signs ; (4) . All utilities shall be installed underground; (5) On site walkways and -driveways shall be in- stalled to city standards ; (6) The building shall be restuccoed and repainted; (7) Payment of park and recreation fees ; ( 8) A cash bond in. the amount specified in Section 17. 28.020 (B) .. (Ord. 1244 (part) , 1966 : Ord.. 1208 (part) , 1966) . 17.28. 020 Permit--Application--Contents . To obtain a permit the applicant shall first file an application there- for, in writing, on a form furnished for that purpose by the building department. Every such application shall con- tain or have appended .thereto, the following information: (AY. Name.. of street and official house number, the name of the tract and/or block and zone use legend, the lot number and its dimensions , where the building or struc- ture to be moved is to be placed; (B) The proposed use or occupancy for the building; (C) The tract, block, lot, zone use and official address of the building or structure ' s existing location; (D) All . dimensions and structural. type of the build- ing or structure; (E) The nature of the repairs and any alterations or additions ; (F) The complete valuation of the proposed work;' (G) A plot plan drawn to a scale of not - larger than one-eighth inch to the foot shall be filed with the applica- tion. Such plot ,plan shall indicate with dimensions , all existing and proposed setbacks ; (H) One eight inch by ten inch photograph of the building. (Ord. 764 (part) , 1960•) . 17. 28.030 Moving notice cards posted. When such application is filed with all the information required, the building department shall inspect the building and if it conforms with the minimum requirements . of the Huntington Beach building code for a new building, the moving notice 487 i 17. 28 . 040--17. 28. 050 cards shall be made out and posted by the building depart- ment within forty-eight hours from the time of the filing of such application. If the building does not conform with the minimum requirements of the Huntington Beach building code, the application shall be denied. (Ord. 1185 (part) , 1966) . 17. 28.040 Moving notice cards specifications . The moving notice cards shall not be less than one foot square in area, shall be headed "Notice of Moving and Relocation" in black-faced type letters of not less than two inches in height, and there shall be printed or typewritten upon said cards the following information : (A) The address from which and to which it is proposed to move structure or structures , together with a brief description of the structure or structures to be moved; (B) A notice that if a written protest to the moving .signed by one or more persons who own real property within three hundred feet of the location in which .the structure or structures are to be moved, is filed .in the office of the city clerk on or before the date therein named (which date shall be on or before seven days after such posting) ; that such protest shall be heard and determined by the city council, at its first regular meeting after the expira- tion of the date set for filing protests as aforesaid; (C) A notice that if a written protest, as above set forth. is not filed within said period of time :and all other requirements have been fulfilled, the building department i will issue a relocation permit as herein. provided; (D) A copy of _Sections 17. 28 .030 and . 17. 28. 100 of the .Huntington Beach Municipal Code shall be mailed to owners of real property within three hundred feet of the location to which said structure or structures are to be moved; (E) Notice of the application for relocating a build- ing, together with description and present and proposed location. Notice shall be given by at least one publica- tion thereof in a newspaper of general circulation in this city prior to date of posting. (Ord. 1185 (part) , 1966) . 17. 28.050 Cards posted in conspicuous place. One moving notice card shall. be. posted and located in a conspicuous place on the lot to which it is proposed to move said building or structure, in clear view and approx- imately fifteen feet. back of the front property line of an interior lot. If it is proposed to move the building or structure onto a corner lot, a second moving notice card j shall be located and posted in a similar position and facing the secondary street. One moving notice card shall be posted on the front of the building or structure to be moved if said building is within the city. (Ord. 1185 (part) , 1966) . 488 17. 28. 060--1.7. 28. 110 17. 28. 060 Card posting period. The moving notice cards shall remain posted for a period of seven consecutive days . At the end of such posting time, the moving notice cards shall be removed by an official of the city. (Ord. 1186 (part) , 1966) . 17 .28. 070 Determination of effect of move . After the , initial inspection by the building department should it be determined by the building department that the structure may have an injurious effect upon the characteristics of the neighborhood in which this building is to be moved, the director of building and safety may refer this matter to the board of zoning adjustments . (Ord. 1244 (part) , 1966) 17. 28. 080 Review by board of adjustments . The board of zoning adjustments, upon receipt of this matter from the director of building and safety shall review the matter as an administrative act and determine whether or not the movement of this building. into its proposed location will have an injurious effect upon the neighborhood, based on the following criteria: (A) The age of the building as compared to the age of those in the neighborhood; (B) Architectural design of the building as compared to those in the neighborhood and its effect upon same; (C) The size of the structure in comparison to those in the neighborhood. (Ord. 1244 (part) , 1966) . 17.28.090 Decision of board.. After hearing said matter the board of zoning adjustments may approve , con- ditionally approve or disapprove the application for a permit to relocate. (Ord. 1244 (part) , 1966) . 17.28. 100 Protest and hearing. (A) If a protest against the moving of the building or structure is filed, it shall be in writing and signed by one or more individual property owners who own real. property within three hundred feet of the location to which said structure or structures are to be moved. (B) Such protest shall be filed in the office of the building department of the city during said period of re- quired posting. (Ord. 1244 (part) , 1966 : Ord. 764 (part) , 1960) . 17. 28. 110 Relocation permit--Inspection fees . When- ever a permit is sought for the purpose of moving a building from outside the city limits to within the city limits , the sum of five hundred dollars per living unit shall be paid to the city to accompany the application for a permit. If the application is denied, the sum of four hundred dollars per living unit will be refunded to the applicant. Whenever 489 17 . 28 . 120--17. 28 . 130 a permit is sought for the purpose of. relocating any build- ing within the city, the sum of five hundred dollars per living unit shall be paid to the city to accompany the application for a permit. If said application is denied, the sum of four hundred dollars per living unit will be refunded to the applicant. Provided, however, if any build- ing shall be relocated upon the same parcel , a fee of twenty-five dollars shall be paid to the city to accompany the application for a permit, which sum shall be retained by the city whether such permit is granted or denied. Applicant must then proceed henceforth as per existing ordinance. and shall pay directly to the building department any and all fees other than: the original permit fee as here- inabove provided: (Ord. 1244 (part) , 1966 : Ord. 1208 (part) , 1966 : Ord. 764 (part) , 1960) . 17. 28. 120 Relocation permit--Bond required. (A) No relocation permit shall be issued unless the applicant shall first post with the department of building and safety, a cash bond by the owner of the premises where the building or structure is to be located. (B) The bond which shall .in form joint and several, name the city of Huntington Beach as obligee, and shall be in an amount equal to the cost, plus twenty-five percent of the work required to be done in order to comply with all of the conditions of such relocation permit as estimated by the building inspector. (C) No bond, however, need be posted in any case where the building inspector shall determine that the only reloca- tion involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to adjacent property of the same owner; but the exceptions herein made shall not apply unless the city building director finds that no such security is necessary in order to assure compliance with the requirements .of this section. (Ord. 1244 (part) , 1966 : Ord. 764 (part) , 1960) . . 17. 28. 130 Bond conditions . Every bond posted pursuant to this section shall be conditioned: (A) That each and all of the terms and conditions of the relocation permit shall be complied with to the satis- faction of the building inspector; (B) That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or if no time limit is specified, within ninety days after the relocation permit is issued. The time limit specified in any permit may be extended for good and sufficient cause by the building inspector. No such extension of time shall be valid unless in writing, 490 I I 17. 28. 140- 17. 28. 170 ter+ and no such extension shall release any surety from any bond. (Ord. 764 (part) , 1960) . 17. 28•. 140 Default in performance of conditions--Notice given. A Whenever the building director shall find that a default has occurred in the performance of any term or condition of any permit, written notice: thereof shall be given to the principal. (B) Such notices shall specify the work to be done , the estimated cost thereof., and the period of time deemed by the building director to be reasonably necessary for the completion of -such work. (C) After receipt of such notice the owner .shall cause the required work to be performed or failing therein the building department shall then proceed forthwith to cause the work required to be performed and completed. All costs incurred shall be paid out of aforementioned cash bond. No liability shall be incurred therein other than for the expenditure of the said sum in hand therefor. (Ord. 1244 (part) , 196:6 : Ord. ,764. (part) , 1960) . 17. 28. 150 Cash bond--Manner of enforcement. If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if the compliance is not obtained within the time specified, the building inspec- tor shall .proceed without delay and without further notice of proceedings whatever, to use the cash deposit. or any portion of such deposit to cause the required work to be done by contract or otherwise, in his .discretio.n. The balance, .if any ,. of. such cash deposit shall upon the comple- tion of the work be returned to the depositor or his suc- cessor or. assigns , after deducting the cost of the work plus twenty-five percent thereof. (Ord. 764 (part) , 1960) . 17. 28. 160 Option to demolish building. When any default has occurred on . the part of the principal under the preceding provisions , the building department shall have the option, in lieu of completing the work required, of demolishing the building or structure and clearing, clean- ing and restoring the site.. (Ord. 1244 (part) , 1.966 : Ord. 764 (part) , 1960) . 17. 28. 170 Bond--Period and termination. The term of each bond posted pursuant to this section shall terminate upon the completion to the satisfaction of the building director of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the building director, a copy of which shall be sent to any principal upon -request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the 491 17 . 28. 180--17. 28 . 230 termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided. (Ord. 1244 (part) , 1966 : Ord. 764 (part) , 1960) . 17. 28. 180 Entry upon premises. The building director and his duly authorized representatives shall have access to the premises described in the relocation permit , for the purpose of inspecting the progress of the work. (Ord.. 1244 (part) , 1966) . 17. 28. 190 Default--Completion of work by city. In the event of any default in. the performance of any term or condition of the relocation permit, the building director, or any person employed or engaged in his behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. (Ord. 1244 (part) , 1966) . 17. 28. 200 Interference with completion by city. It is unlawful for the owner or his representatives , successors or assigns , or any other person, to interfere with or obstruct the ingress or egress to or from any such premises of the city of Huntington Beach, .engaged in the work of completing, demolishing or removing any building or struc- ture for which a relocation permit has been issued-after default has occurred in the performance of the terms or conditions thereof. (Ord. 1244 (part) , 1966 : Ord. 764 (part) , 1960) . 17. 28. 210 Relocation permits--Exceptions .. The provi- sions of this chapter relating to the posting of bonds shall not apply where the building or structure is to be moved to a location outside of the city limits. In such cases , if the building director finds that the building or structure is so constructed and in such condition that it may be moved with safety, the permit shall be issued without the requirement of a bond. (Ord. 1244 (part) , 1966 : Ord. 764 (part) , 1960) . 17. 28.220 Relocation permits--Void when. If relocation is not commenced six months after the filing for a reloca- tion permit, the application will be void and fee forfeited. A new application shall be filed with the required fees before a relocation permit shall be issued. (Ord. .1244 (part) , 1966) . i 17. 28. 230 Government agencies excepted. The provi- sions of this chapter relative to fees and bonds shall not apply to the relocation of buildings or structures to be 492 17: 28, 240=�17. 32: 020 used by a governmental agency for a governmental purpose : (.Ord: 76& (part) ; 1960) 17. 28...240 : Final inspection of moved building: Any building moved into this city shall be. subject to final inspection by the building inspector and shall be inspected and approved prior to occupancy. It is unlawful to move any building into this city to occupy the same unless the same has been inspected and approved by; the building inspector. (Ord: 764 (part) , 1960). .. Chapter , 17. 32 FIRE ZONES Sections : 17. 32: 010 ' Fire district .established. 17. 32 .020 Fire Zone No: 1. 17: 32: 030 Fire Zone No. 2. 17: 32: 040 Fire Zone No: 3: 17..32: 010 Fire-district established. The entire city is declared to be and is established as a fire district; in accordance with the pniform Building Code and said fire district shall be known and designated as Fire Zones 1 ; 2 ; and 3 and each such zone shall include such territory or portions of. the city as designated in Sections 17: 32: 020 , 17. 32: 030 and 17: 32 . 040 ; and of- the maps and records on file in the office of the planning and building departments of the city, which maps and records are adopted as fire zone maps and `records of the city of Huntington Beach for applica- tion of the regulations included in the Uniform Building Code of the Pacific Coast Builders conference as adopted by the city of Huntington Beach: (Ord: 869 (part) , 1961e Ord 393 ; 193.6_ i Ord: 375 , 1934) : 17. 32 .020 Fire Zone No. 1: Those portions of the city .described as follows shall be desigiated and estab- lished as Fire Zone No. 1 : ' (A) That portion bounded on the east and southeast by the centerline of .Lake Street, bounded on' the "southwest by the centerline of Pacific Coast Highway; bounded . on the northwest by the centerline of. Sixth Street, and bounded on the northeast by the centerline :of Orange Avenue: (B) Beginning at the centerline intersection of Edinger Avenue and Gothard Street, -thence easterly 675. 00 feet, more or less along the centerline of Edinger Avenue to its inter- section with the easterly line of the Southern Pacific Railroad right-of-way, thence northerly 960 . 00 feet along 493 17 . 32 . 030--17 . 32 . 040 said right-of-way to a point, thence westerly 675 . 00 feet, more or less , along a line to its intersection with the centerline of Gothard Street, said intersection being distant northerly 960 .00 feet along said centerline from the point of beginning, thence southerly 960 .00 feet along the centerline of Gothard Street to the point of beginning. (C) Beginning at the centerline intersection of Beach Boulevard and Edinger Avenue, thence westerly 2691. 00 feet, more or less , along the centerline of Edinger Avenue to its, intersection with the easterly line of the Southern Pacific Railroad right-of-way , thence northerly 1170 . 70 feet, more or less , along said line -to its intersection with the southerly . line of the Southern California Edison Company right-of-way, thence easterly 1950 .00 feet, more or less , along said southerly line to its intersection with the southwesterly line of the San Diego Freeway, thence south- easterly 632. 21 feet, more or less , along southwesterly line to an angle point , thence southeasterly 384 .00 feet , more or less , along the southwesterly right-of-way line of the San Diego Freeway to the angle point, thence southeast- erly 240 .00 feet, more or less , along the southwesterly right-of-way line of the San Diego Freeway and its south- easterly extension to its intersection with the centerline of Beach Boulevard, thence southerly 210 . 00 feet, more or less along the centerline of Beach Boulevard to the point of beginning. (Ord. 1558, 1970 : Ord. 1485 (part) , 1969 : Ord. 869 (part) , 1961) . 17. 32. 030 Fire Zone No. 2. (A) All portions of the l city included within the commercial districts , as defined in Division 9 of the Huntington Beach Municipal Code, and those on which a use permitted in the commercial districts has been allowed by use permit or conditional excpeti.on pursuant to Division 9 of the Hungtington Beach Ordinance and outside Fire Zone No. 1 shall be designated and estab- lished as Fire Zone No. 2 . (B) Exception. Property located in a residential district on which a home occupation is allowed by use permit, shall be exempt from this section. (Ord. 1485 (part) , -1969 : Ord. 1147 (part) , 1965 : Ord. 869 , 1961) . 17. 32. 040 Fire Zone No. 3. All areas not included within Fire Zone No. 1 or Fire Zone No. 2 and lying within the city of Huntington Beach, California, shall be desig- nated, fixed and established as Fire Zone No. 3. (Ord. 1485- (part) , 1969 : Ord. 1147 (part) , 1965 : Ord.. 869 (part) , 1961) . 494 17. 36. 010--17. 36. 020 ter'. Chapter 17. 36 TRAILER PARKS AND .REGULATIONS Sections : 17. 36.010 Unlawful occupancy. 17. 36:020 Unlawful use. 17. 36.030 Cabana rental. 17. 36 . 040 Unlawful trailer rental. 17, 36 .050 Parking on highway 17. 36.060 Caretaker required. 17. 36.070 Site size. 17. 36.080 Driveway width 17. 36. 010 Unlawful occupancy. It is unlawful for any person in a trailer park to use or cause or permit to be used for occupancy : (A) Any trailer coach from which any tire or wheel has been removed .therefrom, except for the purpose of making temporary repairs or placing it in dead storage; (B) Any trailer coach to which are attached any rigid water,, gas or sewer pipes ; provided, however, that metal tubing not to exceed one-half inch inside diameter may be used for water, and that metal tubing not less than three- quarter inch inside diameter nor more than fifteen feet in length may be used for a gas connector from the branch ser- vice riser to the service connector; .(C.) Any trailer coach which is permanently attached with underpinning or foundation to the ground; (D) Any trailer coach which does not conform to the requirements of the California State Vehicle Code governing the use of . trailers on public highways ; (E) Any trailer coach which does not carry a current yearly license issued by any state or foreign vehicle department; (F) Any trailer coach in an unsanitary condition; (G) Any trailer coach which is structurally unsound and does not protect its occupants against the elements. (Ord. 1150 (part) .1965) 17. 36.020 Unlawful use . It is unlawful for any person to occupy, as living quarters , any trailer coach upon any area or tract of land within the city, except as follows : (A) A trailer coach may be. parked and used as living quarters in -a licensed trailer park. (B) A trailer coach maybe parked for display, for sale and/or trade purposes only .on a trailer sales lot for which a current business license has been issued. (C) A trailer coach may be parked upon the streets �✓ within the city during the daylight hours , if .not in 495 17. 36. 030--17. 36. 080 violation of any parking rule or regulation applicable to the area. (Ord. 1150 (part) , 1965) . 17. 36. 030 Cabana rental. No structure or cabana on any trailer site may be occupied unless the site is tenanted by a trailer, and no structure nor cabana may be occupied by any occupants other than those occupying the trailer tenanting the site. (Ord. 1150 (part) , 1965) . 17. 36. 040 . Unlawful - trailer rental. It is unlawful for any person to rent or hold out for rent any trailer coach in a trailer park which is owned by or in the possession or control of the owner or operator of the trailer park or his agent. The rental paid for any such trailer coach shall also be deemed to be rental for the space it occupies . (Ord. 1150 (part) , 1965) . 17. 36.050 Parking on highway. It is unlawful to park a trailer coach overnight upon any public highway, including the right-of-way. This provision shall not apply where a trailer coach is parked for the purpose of making emergency repairs. (Ord. 1150 (part) , 1965) . 17. 36. 060 Caretaker required. It is unlawful for any person to operate . or maintain, or cause or permit to be operated or maintained, any trailer park, unless there is a caretaker in the park at all times . The carekater shall enforce within the park provisions of this chapter governing the operation and maintenance of trailer parks . (Ord. 1150 (part) , 1965) . 17. 36.070 Site size . Each trailer site in a trailer park shall be not less than one thousand square feet in area. The corners of said area shall be clearly and distinctly marked. The provisions of this section shall not apply to trailer sites in trailer parks in existence and lawfully operating upon the effective date of the ordi- nance codified herein. (Ord. 1150 (part)., 1965) . 17. 36 .080 Driveway width. No driveway shall be. less than fifteen feet in clear and unobstructed width. No driveway shall be less than twenty-two feet in width if parking is to be provided on one side of the driveway , and not less than thirty feet in width if parking is to be pro- vided on /both sides of the driveway. All driveways shall have clear and unobstructed access to public thoroughfare. The provisions of this section shall not apply to trailer parks in existence and operating upon the effective date of the ordinance codified herein, provided that in such trailer parks no driveway shall be less than fifteen feet in clear and unobstructed width. (Ord. 1150 (part) , 1965) . .moo.' 496 17. 4o. 010--17. 4o. 030 Chapter 17 . 40 MECHANICAL CODE Sections : 17. 40. 010 Adoption. 17. 40. 020 Title. 17. 40, 030 Section 201 (c) amended--Right of entry. 17. 40. 040 Section 203 amended--Board of appeals . 17. 40. 050 Section 303(b ) amended--Expiration. 17. 40. 060 Section 303(d) amended--Investigation fee. 17. 40. 070 Section 304 amended--Residential construction. 17. 40. 080 Refund of fees. 17. 40. 090 Section 403 amended--Definitions . 17. 40.100 Section 404 amended--Definitions. 17. 40. 010 Adoption. There is hereby adopted by the city council of the city of Huntington Beach that certain code known as the Uniform Mechanical Code, compiled by the International Association of Plumbing and Mechanical Officials and Inter- national Conference of Building Officials, being particularly the 1973 edition thereof, and the whole thereof, including the Appendix A. Chapter 21 of Appendix B, and Appendix C thereof, of which code not less. than three (3) copies have been and now are `-� on file in the office of the city clerk. Such code, and amend- ments thereto, is hereby adopted and incorporated, pursuant to Section 50022. 2 et seq, of the California Government Code, 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 heating, ventilating, comfort-cooling equipment and refrigeration systems; by requiring a permit and inspection for the installation, alteration and replacement of said equipment ; by providing for the administration and enforcement of such requirements; and prescribing penalties for violations thereof. 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. (Ord, 1938, 3 .Oct 74 ).. 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. " (Ord. 1938, 3 Oct 74; Ord. 1628, 2/71; Ord. 1408, 5/68) . 17. 40. 030 Section 201(c ) amended--Right of entry. Section 201 (c ) of the Uniform Mechanical Code is' amended to read as follows : Sec. 201(c ) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, 497 17 . 40. 040--17. 40. 050 oLe whenever the building official or his authorized represent- ative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes ' such building or premises unsafe as defined in Section 203 of the building code , the building official or his authorized ed representative may enter such. building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this Code; provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort ' to locate the owner or other persons having charge 'or control of the building or premises and demand entry. If such entry is refused, the .building official or his authorized represent- ative shall have recourse to every remedy provided by law to secure entry. "Authorized representative" shall include the officers named in Section 201(a) and (b ) of this Code. No owner or occupant or any .other person having charge, . care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the building official or his author- ized representative for the purpose of . inspection and examination pursuant to this Code. Any person violating this subdivision shall be guilty of a misdemeanor. . (Ord. 1938, 3 Oct 74; Ord. - 1628, 2/71; Ord.. 1408, 5/68) . 17. 40. 040 Section 203 amended--Board of appeals. Section 203 of the Uniform Mechanical Code is amended to read as follows : Sec. 203. Board of Appeals . The board of appeals shall be that board of appeals as established by the Huntington Beach building code and shall have the authority,. powers and duties as set forth therein. (Ord. 1938, 3 .Oct 74; Ord. 1408, 5/68) . i 17. 40. 050 Section 303(b ) amended--Expiration. Section 303 (b ) of the Uniform Mechanical Code is amended to read as follows : Sec. 303 (b ) Expiration. Every permit issued by the building official under the provisions of this Code shall ex- Aire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred twenty (120 ) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days . Before such work can be recommenced a new permit shall be first obtained so to do, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made 498 17. 40. 060--17. 40, 090 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. (Ord. 1938, 3 Oct 74; Ord. 1408, 5/68) . 17. 40. 060 Section 303(d) amended--Investigation fee. Section 303(d) of the Uniform Mechanical Code is amended to read as follows : Sec. 303(d) Investigation Fee. Any person who shall commence any. work for which a permit is required by this Code without first having obtained 'a permit therefor shall, if subsequently permitted to obtain a permit, pay an investigation fee in the manner and amount as provided in the Huntington Beach building code for investigation fees, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the administrative .authority that such work was urgently necessary and that it was not practical to. obtain a permit therefor before the commencement of the work. In all such cases a permit .must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided, shall be charged. (Ord. 1938, 3 Oct 74 ) . 17. 40. 070 : Section 304 .amended--Residential construction. Section 304 of the Uniform Mechanical' Code .is amended' by adding a new paragraph 22 to read as follows : 22. For new residential construction, in lieu of Items 2 through 21 above, per square foot of dwelling area . . . . $0. 005 . (Ord. 1938, 3 Oct 74 ) . 17. 40. 080 Refund .of fees . When construction authorized by a permit is not begun and' ho inspections have been made, the building official shall, upon written request from the permittee, make refund of fees subject to the following limita- tions: (a) No refund of fees shall_ be made of the basic issuance fee of Three Dollars ' ($3) . (b ) No refund of fees or any part thereof shall be made for any permit which has expired as provided in Section 303(b ) . (Ord. 1938, 3 Oct 74) . 17. 40. 090 Section 403 'amended--Definitions . Section 403 of the Uniform Mechanical Code is amended' to read as follows : "Absorption unit" is an absorption refrigerating .system which has been factory-assembled and tested prior to its install- ation. .498-1 17 . 40. 100 "Air handling unit" is a blower or fan used for the pur- pose of distributing conditioned air supply to a room, space, or area. "Appliance" is a device which utilizes fuel or other forms of energy to produce light, heat , power, refrigeration or air conditioning. This definition also shall include a vented decorative appliance. "Approved," as to materials, equipment, and method of construction, refers to approval by the building official as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by national authorities, technical or scientific organizations. "Approved agency" is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the building official. "Assembly building" is a building or a portion of a build- ing used for the gathering together of fifty (50) or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation or of one hundred (100) or more persons in drinking and dining establishments .. (Ord. 1938, 3 Oct 74) . 17. 40.100 -Section 404 amended--Definitions . Section 404 of the Uniform Mechanical Code is amended to read as follows : "Boiler, high pressure," is a boiler furnishing steam at pressures in excess of fifteen (15) pounds per square inch or hot water at temperatures in excess of 2500F. , or at pressures in excess of one hundred sixty (160) pounds per square inch. "Boiler, low pressure hot water and low pressure steam," is a boiler furnishing hot water at pressures not. exceeding one hundred sixty (160) pounds per square inch and at tempera tures not more than 2500F. , or steam at pressures not more than fifteen (15) pounds per square inch. "Boiler room" is any room containing a steam or hot water boiler. "Brazed joint" is any joint obtained by joining of metal parts with alloys which melt at temperatures higher than 8000F. , but lower than the. melting. temperature of the parts to be joined. _ I 498-2 17. 40.100 !'Breeching" is a metal connector for medium- and high- heat appliances . "Brine" is any liquid used for the transmission of heat without a change in its state, having no flash point or a flash point above 150°F. , as determined by the requirements of U.M.C. Standard No. 4-1. "B. t.u. !' (Btuh. ) is the listed maximum capacity of any appliance, absorption unit, or burner expressed in British thermal units input per hour. "Building code" is the Huntington Beach building cede . "Building official" is the director of building and community development, or his regularly authorized deputy .. (Ord. 1938, 3' Oct 74) . Chapter 17. 44 PLUMBING CODE Sections • 17.44. 010 Adoption. 17. 44. 020 Title . 17. 44. 030 Definitions . 17. 44 . 040 Application. and scope. 17. 44. 050 Duties of .administrative authority. 17. 44. 060 Right of entry. 17..44. 070 Dangerous. and insanitary construction. 17.44 . 080 "Permit--Requirements . 17.44. 090 Permit--Work not requiring. 17. 44. 100 Permit--Issuance. 17. 44. 110 Permit--Application. 17. 44. 120 Fee--Investigation. 17. 44 . 130 Fees--Schedule. 17. 44, 140 Fees--Refund. 17. 44.150 Inspections . 17. 44. 160 Notification.. , 17. 44. 170 Board of appeals . . 17. 44. 175 Section 613 amended--Vertical wet venting. 17. 44. 180 Section i007(g) amended--Water heaters . 17. 44. 190 Section 1008(c ) amended--Ferrous piping. 17. 44 .200 Section 1009(h) amended--Size of meter and pipe . 17. 44 .210 Table 10-2 amended. 17. 44 .220 Section 1107(f) amended--Manholes . 498-3 17. 44.010--17. 44 . 050 17. 44 .010 Adoption. There is hereby adopted by the city council of the city of Huntington Beach that certain code known as the Uniform Plumbing Code, compiled by the International Association of Plumbing and Mechanical Officials , being par- ticularly the 1973 edition thereof, and the whole thereof in- cluding the appendices thereto, of which code not less than three (3) copies have been and now are filed in the office of the clerk of the city of Huntington Beach. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to Sections 50022.2 et seq. of the California Government Code, as fully as though set out at length herein for the purpose of prescribing regulations governing the installation, altera- tion, 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 con- trolling within the corporate limits of the city of Huntington Beach. (Ord. 1937, 3 Oct 74) . 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." (Ord. 1937, 3 Oct 74; Ord. 1630, 2/71; Ord. 1409, 5/68) . 17. 44 . 030 Definitions. As used in this chapter, the following words and phrases., unless otherwise indicated from the context , shall have the following meanings : (a) "Administrative authority" means the director of building and community development or his authorized represen- tative. (b) "Department having jurisdiction" means , unless other- wise provided by law, the department of building and community development . (Ord. 1937, 3 Oct 74; Ord. 1409, 5/68) . 17. 44 . 040 Application and scope . The provisions of this Code shall apply to all new construction, relocated buildings, and to any alterations , repairs, or reconstruction, except as provided for otherwise in this Code. (Ord. 1937, 3 Oct 74 ; Ord. 1630, 2/71; Ord. 1409, 5/68) . 17. 44. 050 Duties of administrative authority. The admin- istrative authority shall maintain public office hours necessary to efficiently administer the provisions of this Code and amend- ments thereto and shall perform the following duties : (a) Require submission of, examine and check plans and specifications , drawings, descriptions , and/or diagrams necessary to show. clearly the character, kind and extent of work covered by application for a permit and upon approval thereof shall issue the permit applied for. (b ) Keep a permanent, accurate account of all fees for permits issued and other monies collected .and received as provided 498-4 17. 44. 060--17. 44 . 070 by this Code, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location or premises to whjch they relate . (c ) Administer and enforce the provisions of this Code in a manner consistent with the intent thereof and shall inspect all plumbing and drainage work authorized by any permit to assure compliance with provisions of this Code or amendments thereto, approving or condemning said work in whole or in part as condi- tions require. (d) Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this Code. (e ) Investigate any construction or work regulated by this Code and issue such notices and orders as provided in Section 17. 44. 070. . (Ord. 1937, 3 Oct 74; Ord. 1409, 5/68) . 17. 44. 060 Right of entry. Whenever necessary to make an inspection to enforce any• of the provisions of this Code, or whenever the administrative authority has reasonable cause to believe that there exists in any building or upon any premises, any violation of this Code, the administrative authority may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the administrative authority by this Code; provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or "other persons having charge or control of the building or premises and demand entry. If such entry is refused, the administrative authority shall have recourse to every remedy provided by law to secure entry. No owner or occupant *or any. other person having charge , care or control of any building or premises shall fail or neglect , after proper demand is made as herein provided, to promptly permit entry therein by the administrative authority or his authorized representative for the purpose of inspection and examination pursuant to this Code . A violation of this section is a misdemeanor, and upon a conviction thereof shall be pun- ishable by a fine not to exceed Five Hundred Dollars ($500 ) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 1937, 3 Oct 74; Ord. 1409, 5/68 ) . 17. 44 . 070 Dangerous and insanitary construction. a Any portion of a plumbing system found by the admin- istrative authority to be insanitary as defined in this Code is hereby declared to be a nuisance. 498-5 17 . 44. 080 (b ) Whenever brought to the attention of the department having jurisdiction that any insanitary condition exists or that any construction or work regulated by this Code is dangerous , unsafe, insanitary, a nuisance or a menace to life, health or property or otherwise in violation of this Code, the said de- partment may request an investigation by the administrative authority who, upon determining such information to be fact , shall order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof or to re- pair, alter, change, remove or demolish same as he may consider necessary for. the proper protection of life, health or property and in the case of any gas piping or gas appliance may order any person, firm or corporation, supplying gas to such piping or appliance to discontinue supplying gas thereto until such piping or appliance is. made safe to life, health or property. Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises in which such condi- tion exists and shall specify_ the date or time for compliance with such order. (c ) Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this Code . (d) When any plumbing is maintained in violation of this Code and in violation of any notice issued pursuant to the pro- visions of this section or where a nuisance exists in any build- ing or on a lot on which a building is situated, the administra- tive authority shall institute any appropriate action or pro- ceeding in any court of competent jurisdiction to prevent , restrain, correct, or abate the violation or nuisance. (Ord. 1937, 3 Oct 74) . 17. 44. 080 Permit--Requirements. a It shall be unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, gas or drainage piping work or any fixture or- water heating or treating equip- ment in a building or premises without first obtaining a permit to do such work from the administrative authority. (b ) A separate permit shall be obtained for each building or structure. (c ) No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his employ. (d ) The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. . No permit presuming to give author- ity to violate or cancel the provisions of this Code shall be I 498-6 17. 44.090--17. 44.100 valid, except insofar as the .work or use which it authorized is lawful. (e ) The issuance or granting of a permit or approval of plans shall not prevent the administrative authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or any other Huntington Beach Municipal Code provision, or from revoking any certificate of approval when issued in error. (f) Every permit issued by the administrative authority under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from 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 one hundred twenty (120) 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 (1) year. (Ord. .1937, 3 Oct 74) . 17. 44. 090 Permit--Work not requiring. No permit shall be required for the following repair work: The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts , the same shall be considered as such new work and a permit shall be procured and inspection made as hereinbefore provided. No permit shall be required for the clearing or stoppages or the repairing of leaks in pipes, valves or fixtures , when such repairs do not involve or require the replacement or re- arrangement of valves, pipes, or fixtures. (Ord. 1937, 3 Oct 74 ) • 17 . 44. 100 Permit--Issuance. a No permit shall be issued to any person to do or cause to be done any work regulated by this Code, except to a person holding a valid unexpired and unrevoked California Plumbing Contractor' s License. . (b ) A permit may be issued to a properly licensed person not acting in violation of any current contractor licensing law. (c ) Any permit required by this Code may be issued to any person to do any work regulated by this code in a single family dwelling used exclusively for living purposes, including the 498-7 d 17. 44 . 110--17. 44 . 130 usual accessory buildings and quarters in connection with such buildings in the event that any such person is the bona fide owner of any such dwelling and accessory buildings and quarters , and that the same are occupied by said owner, provided that said owner shall purchase all material and shall personally perform all labor in connection therewith. (Ord. 1937, 3 Oct 74 ) . 17. 44. 110 Permit--Application. Any person legally en- titled to apply for and receive a permit shall make application on forms provided for that purpose. He shall give a description of. the . character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith. The administrative authority may require plans, specifications or drawings and such other .information as he may deem necessary. If the administrative authority determines that the plans , specifications, drawings, descriptions or information furnished by the applicant is in compliance with this Code, he shall issue the permit applied for upon payment of the required fee as here- inafter fixed. Every applicant for a permit to do work regulated by this Code shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such in- formation pertinent thereto as may be required. (Ord. 1937, 3 Oct 74) . 17. 44. 120 Fee--Investigation. Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit , pay an investigation fee in the manner and amount set forth in the Huntington Beach building code, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satis- faction of the administrative authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit , an investigation fee as required by this section shall be charged. (Ord. 1937, 3 Oct 74 ) . 17. 44. 130 Fees--Schedule. Every applicant shall pay for each permit at the time of making application, a fee in accord- ance with the following schedule, and at the rate provided for each . classification shown herein: 498-8 17. 44. 130 SCHEDULE OF FEES For issuing each permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3. 00 For new residential construction For total dwelling and garage area . . . . , . . . . . . . . 0. 01 sq. ft . For each building sewer . . . . . . . 5 . 00 For each cesspool . . . . . 5. 00 For each private disposal system 10. 00 For each lawn sprinkler system . . . . . . . . . . . . . , . . . . 2. 00 For each gas meter . . . . . ... . 1. 00 For all other construction For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection therefor) 1. 50 For each building sewer and each trailer park sewer . . . . 5 . 00 Rainwater systems - per drain 2 . 00 For each cesspool . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 5. 00 For each private sewage disposal system 10. 00 For each water heater and/or vent .. . . . . .. . . . . . . . . . . . . . . . . 1 . 50 For each gas piping system of one (1) to five (5 ) outlets . . . . . . . . . . . . . . . . . . . . . . . . . 1. 50 For each gas piping system of six (6) or more outlets, per outlet . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . 30 For each industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen grease interceptors functioning as fixture traps . . 1. 00 For installation, alteration or repair of water piping and/or water treating equipment . . . . . . . . . . . . 1. 50 For repair or alteration of drainage or vent piping 1. 50 For each lawn sprinkler system of 50 heads or less or any one, meter including backflow protection - devices therefor . . . . . . . . . . . . 2. 00 For vacuum breakers. or backflow protective devices on tanks , vats, etc. , or for installation on unprotected . plumbing fixtures including necessary water piping - one (1) to five (5) . . . . . . . . . . . . . . . 2. 00 Over five (5) , each . . . . . . . .. . . . . .. . . . . . . . . . . . . 30 . . . . . . . . Gas meter (for each separately metered unit ) . . . . . . . . . . . 1. 00 (a) For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for re- connection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures , gas systems, water heaters, etc. , involved. (b.) When a permit has been obtained to connect an existing building or existing work to .the public sewer or to connect to 498-9 17. 44. 140--17. 44 . 170 a new private disposal .facility, backfilling of private sewage disposal facilities abandoned consequent to such connection shall be included in the building sewer permit. (c ) The fee for any law sprinkler system of more than fifty (50) heads, storm drain system, water distribution system or on-site sewer system shall be based on the value of the proposed work and shall be as provided in Table No. 3-A, Huntington Beach building code . (d ) The fee for any plumbing installation for which a per- mit is required but for which no fees are specified herein shall be based on the value of. the proposed work and shall be as provided in Table No. 3-A, Huntington Beach building code . (e ) A food waste disposer installed at the time of the original sink installation shall be considered as part of the sink. Dishwashers discharging into a food waste disposer or a separate trap shall require a separate fee. (Ord. 1937, 3 Oct 74 ) . 17 . 44. 140 Fees--Refund. When construction authorized by a permit is not begun and no inspections have been made, the administrative authority shall, upon written request from the permittee, make refund of fees subject to the following limita- tions : (a) No refund shall be made of the basic issuing fee of Three Dollars ($3 ) . (b ) No refund of fees or any part thereof shall be made for any permit which has expired as provided in Section 17. 44 . 080 (f) . (Ord. 1937, 3 .Oct 74 ).. 17. 44. 150 Inspections. All plumbing and drainage systems shall be inspected by the administrative authority to insure compliance with all the requirements . of this Code. (Ord. 1937, 3 Oct 74) . 17. 44. 160 Notification. It shall be the duty of the person doing the work authorized by the permit to notify the administrative authority, orally or in writing, that said work is ready for inspection. Such notification shall be given not less than twenty-four (24). hours before the work is to be in- spected. It shall be the duty of the person doing the work authorized by the permit to make sure that the work will stand the tests prescribed elsewhere in this Code, before giving the above notification. . (Ord. 1937, 3 Oct 74) . 17. 44 . 170 Board of appeals . The board of appeals shall be that board. of appeals as established by the Huntington Beach building code and shall have the authority, powers and duties as set forth therein. (Ord. 1937, 3 Oct 74) . 498-10 17. 44. 175--17. 44. 190 17. 44 ► 175 Section 613 amended--Vertical wet venting. Section 613 of . the .Uniform Plumbing;Code is 'amended to read as follows: Sec.' 613. Vertical. Wet Venting. (a) Wet venting' is limited to ' vertical drainage piping receiving the discharge from the trap arm of 1 and 2 fixture unit fixtures that also serves as a vent for not to exceed four (4) fixtures. All wet vented fixtures shall be on the same floor level; provided, further, that fixtures with a continuous vent discharging into a wet vent shall be on the same. floor level as the wet vented .fixtures. (b) The vertical piping between any two consecutive inlet levels shall be considered a wet vented section. Each wet vented section' 6hall be a minimum of one (1) pipe size larger than the required m;nimum waste pipe size of the upper fixture, tiut in no . case less than 211. Identical fixtures installed back to' back and side by side shall have their fixture inlets at- the ' same level. . (c ), Common vent sizing shall be the sum of the fixture units served but -in no' case smaller than the minimum vent pipe size required for any fixture served, or by section 50.4. (Ord. 1968.,' 17 Apr 75.) . 17. 44.180 Section. 1_007(g) . amended--Water heaters. Section 1007 g of the 'Uniform Plumbing Code is amended to ., read as follows : Sec. 1007(g) All water heaters shall have an approved combination temperature and pressure relief. valve installed on the hot water outlet of the water heater and the drain shall terminate as listed in subsection (e) . EXCEPTION. When approved by the administrative authority water heaters installed as replacements for existing water heaters inside existing buildings may be installed with an approved type. temperature gas shut-off valve in lieu of temperature and pressure relief valve where it is impracticable to comply with section 1007(e) . This valve is in addition to the regular thermostat. (Ord. 1937, 3 Oct 74) . 17. 44. 1 0 Section 1008(c ) amended--Ferrous pipinr,. Section 100 c of the Uniform Plumbing Code is amended to read as follows : Sec. 1008(c ) . Ferrous piping .shall not be installed with- in a building in or under a concrete floor slab resting on the ground. Ferrous piping installed underground in exterior locations shall `be protected from corrosion by approved coatings or mom 498-11 17. 44. 200--17. 44. 210 wrapping materials , machine applied, and .conforming to recog- nized standards (as approved for gas piping) and all such horizontal piping shall have at least twelve (12) inches of earth cover or other equivalent protection. Risers shall be wrapped to a point at least six (6) inches above grade. Copper tubing . installed within a building and in or under a concrete floor slab resting on the ground shall be installed without ,joints where possible. Where joints are permitted, they shall be brazed and fittings shall be wrought copper. (Ord. 1973, 3 Oct 74) . 17. 44. 200 Section 1009(h) amended--Size of meter and pipe. Section 1009 h of the Uniform Plumbing Code is amended to read as follows : Sec. 1009(h) . Size of Meter and Building Supply Pipe Using Table 10-2. Knowing the available pressure at the water meter or other source of supply, and after subtracting one half (1/2) pound per square inch pressure for each foot of difference. in elevation between such 'source of supply and the highest water supply outlet in the building or on the premises, use the "Pressure Range" group within which this pressure will fall. Select the "length" column which is equal to or longer than the required length. Follow down the column to a fixture unit value equal to or greater than the total number of fixture units required by the installation. .� Having located the proper fixture unit value for the required length, sizes of meter and building supply pipe will be found in the two left-hand columns. No building supply pipe shall be less than three quarter (3/4 ) inch in diameter and no building supply line for a new residential structure shall be less than one (1) inch diameter. Each main building shall have a minimum of two (2) three-quarter (3/4 ) inch hose bibbs one' of which shall be readily accessible to the rear yard. (Ord. 1937s 3 Oct 74 ) . 17. 44. 210 Table 10-2 amended. Table 10-2 of the Uniform Plumbing Code is amended to read as follows: TABLE 10•S FIXTURE UNIT TABLE FOR DETERMINING WATER PIPE AND METER SIZES FOR FLUSH TANK SYSTEMS PRESSURE RANGE—SO to 45 psi Mohr and Building Street Supply i Medmum Allowerle Longds in feet Service Branch" 40 i0 BO 100 ISO 200 3/4" 1/2"t* 6 5 4 4 3 2 3/4" 3/4" .18 16 14 12 9 6 3/4" 1" 29 25 23 21 17 15 1" 1" 36 31 27 25 20 17 1" 1 1/4" 54 47 42 38 32 28 1 1/2" 1 i/4" 90 68 57 48 38 32 11/2" 11/2" 151 124 105 91 70 57 2" 11/2" 210 162 132 110 80 64 11/2" 2" 220 205 190 176 155 138 2" 2" 372 329 292 265 217 185 2" 21/2" 445 418 390 370 330 300 17 . 44 . 220 PRESSURE RAN6-46 to 60 Psi 3 1/2"** 9 8 7 6 5 4 Ua" 2/4'' 27 23 19 17 14 11 3/a" 1" 44 40 36 33 28 23 1 60 47 41 36 30 25 1" 1 1/4" 102 87 76 . 67 52 44 11/2" . 11/a 168 130 106 89 66 52 11/2'' 270 225 193 167 128 105 2" 11/2" 360 290. 242 204 150 117 11/2" 2". 380 360 340 318 .272 240 2" 2'' 570 510. 470 430 368 318 T' 21/2" 680 640 610 _ 580 535 500 PRESSURE RAN69-0veir 60 Psi 1%2".*.* . 11. 9 .8. 7 6 5 '/a" $!a" 34 28 24 22 17 13 Via" 1" 63 53 47 42 35 30 1" l" 87 66 55 48 38 32 1" 11/a" 140 126 108 96 74 62 11/2" 11/4" 237 163 150 127 93 74 11/2 11/2" 366 311 273 240 186 154 21' 1 1%2" 490 395 333 275 220 170 11/2" 2" *380 *380 *380 `380 370 335 2" T' •690 670 610 560 470 420 2„ 21/2 *690 •690 *690 *6" *690 650 'Maximum Allowable Load on Meter **.Building Supply--3./4 — 111 minimum for each residential structure. (Ord. 1937s 3 Oct 74) . 17. 44.220 Section 1107(f) amended Manholes. Section 1107(f of the •Uniform PlumVing .Q6d6 is amended to read as follows: Sec. 1107(f) . Approved manholes may be installed in lieu o.f cleanouts when first approved by the administrative authority. All on-site sewer lines eight (8) inches or larger shall be served by an approved manhole. The maximum distance between manholes shall not exceed 300 feet. (Ord 1937,. 3 Oct 70 . Chapter 17. 48 ELECTRICAL CODE Sections : 17. 48. 010 Title. 17- 48. 020 Adoption. 17. 48. 030 Definition. 17. 48. 040 Administrative authority--Duties. 17. 48. 050 Activities prohibited. 17. 48. 060 Dangerous electrical equipment. 17 . 48. 070 Disconnections. 499 Sections : (Continued) 1.7. 48. 080 Aluminum conductors--Use prohibited. 17. 48. 090 Interpretation of code. 17. 48. 100 Board of appeals. 17. 48. 110 Permits . 17. 48. 120 Exceptions . 17. 48.130 Permit--Applications. 17. 48. 140 Permit--Issuance. 17. 48.150 Permit--Issuance--Exception. 17. 48. 160 Permit'=-Annual. 17. 48. 1,70 Permi.t--Requirement . 17. 48. 180 Permit--Temporary. 17. 48. 190 Permit--Nontransferable. 17. 48. 200 Permit--Expiration. 17. 48. 210 Permit--Revocation and suspension. 17. 48. 220 Permits per job. 17. 48. 225 Special electrical inspector. 17. 48. 230 Electrical sign contractors--Information required. 17. 48. 240 Final inspection and approval. 17. 48. 250 Failure to comply. 17. 48. 260 Fees--Permit---Investigation. 17. 48. 270 Fees--New construction. 17. 48. 280 Fees--Alterations, repairs or improvements. 17. 48. 290 Regular fee schedule. 17. 48. 300 Fees--Additional inspections.' 17. 48. 310 Refunds. 17. 48. 320 Change of contractor or of ownership. 17. 48. 330 Right of entry. 17. 48. 340 . Inspections and corrections. 17. 48. 350 Concealed wiring. 17. 48. 360 Inspection--Annual permits. 17. 48. 370 Unlawful connection of electrical service. 17. 48. 380 Disconnected electrical service. 17. 48. 390 Disconnected service--Commercial or industrial. 17. 48. 400 Rating. 17. 48. 410 Listing or labeling. 17. 48. 420 Used materials. 17. 48. 430 Nameplates . 17. 48. 44o Wire sizes--American wire gauge (AWG) . 17. 48. 450 Alterations and additions. 17. 48. 460 Renewal of wiring. 17. 48. 470 Change of occupancy. 17. 48. 480 Added load capacity. 17. 48. 490 Outside work. 17. 48. 500 Sign service. 17. 48. 510 Service-metering equipment . 499-1 17. 48. 010--17. 48.040 :,ections • (Continued) 1 'j. 1t8. 5?0 ,show window lighting. l y, 4 8.5 30 Service entrance . 1-1 . 48.540 Service grounds . 17. 48.550 Accessible service ground clamp . 17. 48.560 Exit illumination. 17. 48.570 Fire Alarms . 17. 48.580 Penalty. 17. 48. 010 .. .Title. . ,This electrical code shall be .known and referred to as the Huntington Beach electrical -code. (Ord. 1935 , 6 Nov 74) . 17. 48.020 Adoption. Pursuant to the provisions of Section 17922 of the California Health and ' Safety Code, the city. of Huntington Beach shall be considered to have adopted the National Electrical Code, 1971 edition, on- June 25, 1972. 11. 48.030 Definition. "Administrative authority." means the building and com- munity development director of the city of Huntington Beach, or his duly appointed representative . (Ord. 1520, 9/69) . 17. 48. 040 Administrative authority--Duties . It shall be the duty of 'the administrative authority to enforce all pro- visions of this code. He shall, upon application, grant or deny permits for the installation or alteration of electrical wiring, devices , appliances, and equipment. He .shall deny permits in cases where any of the foregoing, or the method by which any' of the foregoing is accomplished, is reasonably determined by .him to. be hazardous or dangerous to persons or property because the method of installation or construction or manufacture .results in a condition which is hazardous or dangerous to persons or property, or because such . electrical wiring, devices , appliances or equipment is defective or de- fectively installed. He shall make inspections and reinspections of the installation, maintenance and repair of all electrical wiring, connections , fixtures, appliances, apparatus, machinery, equipment and work inside, outside, overhead, or underground within his ,jurisdiction. He shall be the official representa- tive of this jurisdiction to the code making body of this code and shall attend, or cause one or more of his assistants to attend all meetings where code changes are considered. (Ord. 1674 , 10/71; Ord. 1520,. 9/69) • 499-2 17 . 48. 050--17. 48. 080 17. 48. 050 Activities prohibited. It shall be unlawful for the administrative authority, or any of his assistants , to engage in the business, sale, installation, or maintenance of electrical wiring, devices, appliances, or equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business within the limits of the city of Huntington Beach while holding such office as herein provided. (Ord. 1520, 9/69 ) . 17 . 48. 060 Dangerous electrical equipment. When any electrical equipment, or method of installation or manufacture of electrical equipment, is found by the administrative authority to be hazardous or dangerous to persons or property because the method of installation or construction or manufacture results in a condition which is hazardous or dangerous to persons or property, or because it is defective or defectively installed, the person, firm, or corporation responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs, as required by the sections of this code pertaining to electricity or other laws , to place such. equipment in a safe condition. If such work is not completed within fifteen (15) days , or longer periods as may be specified by the administrative authority, said administrative authority shall have the authority to disconnect or order the discon- tinuance of electrical service to said electrical equipment, and any person, firm, or corporation or political subdivision , ordered to discontinue such electrical service shall do so within twenty-four (24 ) hours and shall not reconnect or allow said service to .be reconnected until notified to do so by the administrative .authority. _ (Ord. 1674 , 10/71; Ord. 1520, 9/69) . 17. 48. 070 Disconnections. In cases of emergency, where necessary for the safety of persons or property, or where electrical equipment may interfere with the work of the fire department, the administrative authority shall have the authority to disconnect or cause the disconnection of any electrical equipment immediately. (Ord. 1520, 9/69) . 17 . 48. 080 Aluminum Conductors--Use prohibited. a The city council finds that the acts prohibited by this section are hazardous or dangerous to persons or property and declares that the public health, safety and welfare re- quires such prohibition. (b ) It shall be unlawful for any person, firm or corpora- tion, either as an owner, architect, contractor, artisan or otherwise, to terminate or to connect to any other conductor, any solid size No. 6 American wire gauge or smaller aluminum conductor in residential construction branch circuit wiring. (Ord. 1742, 4/72; Ord. 1520, 9/69) . 499-3 17 :48. 090--17. 48. 120 17. 48. 090 Interpretation of code. In cases where devel- opment in the application and uses of electricity, or methods of' Installation, construction, or manufacture of electrical conductors , connectors or other electrical equipment or materials, or special or unusual methods of building construc- tion, creates problems or conditions which are not clearly contemplated by sections of this code pertaining to electricity, and makes literal application to the rule, or rules, imprac- ticable, the administrative authority is hereby empowered to make his own rules wherever there is a question as to motive or method or manner` in which material shall be installed; provided, however, that any person who feels himself aggrieved by .any rule, or rules, made by the administrative authority in accordance with the foregoing, or any member of the city council, shall, within thirty (30) days from the effective date thereof, have the right to appeal to the board of appeals of the city for a review and determination of the reasonableness thereof. The determination of the board of appeals shall be final and no further appeal shall be •allowed. (Ord. 1750, 6/72; Ord. 1674, 10/71; Ord. 1520, 9/69) . 17. 48. 100 Board of appeals. The board of appeals, for the purpose. of this chapter, shall be the board of appeals provided for by the Uniform Building Code, Volume I, and the duties_ and authority of the board, in addition to. those set forth in this chapter., shall be as set forth in .said- Uniform Building Code, Volume I, and shall include, without limiting the generality of the foregoing, the duty `of recommending to the city .council such new .legislation as the board deems necessary. . (Ord. 1671, 10/71; Ord. 1520, 9/69) 17. 48. 110 Permits . No electrical equipment shall be installed within or on any buildings, structures, or premises, publicly- or privately-owned, nor shall any alteration or addition be made in any existing equipment without first securing . a permit therefor from the administrative authority. .(Ord. 1520„ 9/69 ) • 17. 48.120 Exceptions. A permit shall not be required for the following: j (a) Minor repair work, 'the replacement of lamps , or the connection of portable electrical equipment to suitable permanently installed receptacles . (b ) Installations in ships , railway cars, or automotive equipment. (c_) The installation, alteration, or repair of electri- cal equipment installed by or for an electricity supply agency for the use of such agency in the generation, transmission, distribution, or metering of electricity. 499-4 17. 48. 130--17. 48. 160 (d ) The installation, alteration, or repair, but not I-Jie power supply, of electrical equipment used for the trans- rri_i :-slon of communications, either by radio or by wire. (Ord. 1520, 9/69 ) . 17. 48. 130 Permit--Applications . Written applications for electrical permits shall describe the work to be done, and shall be made on the forms provided. The application for electrical permits for installation of electrical wiring or equipment shall be accomplished by such plans , specifications, and schedules as may be necessary .to determine whether the installation will be in conformity with the requirements of the sections of this code pertaining to electricity. . If it shall be Pound that the installation will. conform to all legal requirements and if the applicant has complied with the pro- visions of the sections of this code pertaining to electricity, a permit for such installations may be issued. No deviation may be made from the installation described in the permit without the approval of the administrative authority. If it shall be found by the administrative authority that the electrical" equipment is defective or defectively installed, or that such equipment or installation or the method of installation of such is a hazard or danger, or will cause a condition which is a hazard or danger to the safety of. persons or property, a permit for such equipment or installation shall be denied by the administrative authority. (Ord. 1674, 10/71; Ord. 1520, 9/69 ) 17. 48. 140 Permit--Issuance. Electrical permits shall be issued only to persons who employ a special electrical inspector, qualified and registered by the administrative authority, to provide continuous inspection of the work to be done . (Ord. 1520, 9/69 ) . 17. 48. 150 Permit--Issuance--Exception. A special elec- trical inspector need not be employed by: .(a) Any state-licensed electrical contractor, electrical sign contractor or elevator contractor who is acting in a lawful contractual capacity; or (b ) Any person. who does any electrical work regulated by this code in a single-family dwelling used exclusively for living purposes, provided that said person is: (1 ) The owner of said dwelling; and (2) Does occupy or will occupy said dwelling; and (3) Personally purchases all materials; and (4 ) Personally performs all labor connected with the project . (Ord. 1520, .9/69) . 17. 48. 160 Permit--Annual. In lieu of any individual permit for each installation or alteration, an annual permit 499-5 f- 17.48.170--17. 48_. 210 f shall, upon application. therefor, be issued to any. person, firm; or corporation which employs full time one or more registered special electrical inspectors to supervise the electrical work at premises occupied by said person, firm, or corporation. Within fifteen (15) days following the end of each calendar month, the person, firm, or corporation to whom an annual permit has been issued, shall transmit to the admin- istrative authority a duplicate copy of the record of elec- trical work performed and secure a permit. (Ord. 1520, 9/69) . 17. 48. 170 Permit--Requirement. No electrical work for which a 'permit is required shall be commenced in any building or on any premises until a permit to do. such work shall have first been obtained. (Ord. 1520, 9/69). 17. 48. 180 Permit--Temporary. When, in the opinion of the administrative authority, special conditions warrant, a temporary working permit may be issued to allow the permittee to commence the installation of electrical wiring prior to obtaining a regular electrical permit; however, the temporary working permit shall be replaced by a regular permit before the final rough inspection can be made. (Ord. 1520, 9/69) . 17._48. 190 Permit--Nontransferable. A permit granted to one person, firm, or corporation shall not authorize any other person, firm, or corporation, except an employee of the permittee, to .do any electrical .wiring. (Ord. 1520, 9/69) . 17. 48. 200 Permit--Expiration. Every permit shall expire and become null and void for. any. one or more of the following reasons.: (a) _ Whenever the electrical wiring .authorized., by a permit is not commenced within sixty (60) days from the date of issuance of such permit. (b) Whenever the electrical wiring authorized. by a permit has been suspended, abandoned, or discontinued for a continuous period of one hundred twenty (120) days. (c ) Whenever the electrical wiring done during any con- tinuous period of one hundred twenty (120) days amounts to less than ten (10) percent of the total of the electrical wiring authorized by such permit. (Ord. 1520, 9/69) . 17. 48. 210 Permit--Revocation and suspension. The administrative authority may suspend or revoke any electrical permit for any of the following reasons: (a) If any reason .is `found to exist which would have been cause for denial for such permit. 499-6 17. 48.220--17. 48.24.0 (b) Any material misrepresentation or falsity in the ✓ application upon which said permit. was issued. (c ) For failure to comply with the provisions of the sections of this code pertaining to electricity; after due notice of corrections and the time limit therefor has expired; or for failure to comply with other codes of this ,jurisdiction that may be related to or appertain to the sections of this code pertaining to electricity. (Ord. 1520, 9/69) . 17. 48. 220 Permits per ,job . Where one person, firm or corporation has an active rough wiring permit, and another person, firm, or corporation intends to do the electrical equipment or fixture work on the same ,job, a final rough wiring inspection shall be made and approved before a permit for equipment or fixtures will be granted to a second person, firm or corporation. (Ord. 1520, 9/69) . 17. 48.225 Special electrical inspector. a A special electrical inspector is a person who has been found by the administrative authority to be qualified . to supervise electrical installations . Rules for the qualifica- tion of special electrical inspectors shall be determined by the administrative authority. (b) The fee for examination, registration, and renewal of certificates of. qualification as a special electrical inspector shall be Ten Dollars ($10) per year, or any fraction thereof, payable annually in advance and unless sooner revoked or suspended, shall expire on June 30 of each year. (Ord. 1520, 9/69 ) 17 . 48. 230 Electrical sign contractors--Information .required. Before hanging or installing any electrical sign, it shall be required of an electrical sign contractor, hanging or installing said sign, to file with -the building and com- munity development department, on a form furnished by such office for such purpose, the following information respecting such sign': (a) Manufacturer's name and .address; (b ). Underwriter's label number; (c ) Purchaser's name and address; (d) Location of sign; and (e ) Number of transformers and total KVA rating of same . (Ord. 1520, 9/69) . 17. 48 .240 Final inspection and approval. It shall be required that an electrical sign contractor within ten (10) days will notify the building and community development depart- ment that the installation has been completed and request a final inspection and approval. (Ord. 1520, 9/69) . 499-7 i 17 .48. 250--17.48. 270 17. 48. 250 Failure to comply. Failure to comply with the provisions of this code or repeated failure to obtain N-nal approval of sign installations shall be deemed sufficient cause by the administrative authority to refuse further permits . (Ord. 1520, 9/69) . 17. 48. 260 Fees--Permit--Investigation. The following shall be applicable regarding fees: (a) The fees specified in .this section mu-st be paid to the administrative authority for each electrical installation for which. a permit is required by this code, prior to the issuance -of any. permit or addition to any permits. (b ) Failure to take out a permit and to pay fees there- . for before commencing work shall be deemed evidence of violation of the provisions of this code. Double the amount of permit fees shall be assessed for work commenced before a permit is issued. (c ) Whenever any work for which a permit is required under the provisions of this code has been commenced without the authorization of such permit, a special investigation may be required before a permit will be issued for such work. In addition to the regular permit fee and any penalty .fee, the said investigation fee which may be collected is as follows : PERMIT FEE INVESTIGATION FEE Ten Dollars ($10) or less Ten Dollars ($10) More than Ten. Dollars ($10) Twenty.-five Dollars ($25). (d) Before recommencing, proceeding with, or doing any electrical wiring authorized by, but not ' done before expira- tion of, any such permit, a new permit shall be obtained, and fee, therefor shall be one-half. (1/2) the amount. required for an original permit for such work, provided that no changes have- be I en made in the original- plans and specifications for such work and provided further that such suspension or aban- donment has not exceeded one (1) year. (Ord 1520, 9/69 ) . 17 . 48. 270 Fees--New construction. .! (a) Residential--Single or multifamily. Fees listed hereinbelow for new construction, .when this formula is .applied to the square footage area of the building, include all elec- trical installations: (1) One and One-fourth Cents (1 1/4�) per square foot , plus One Dollar and -Twenty-five Cents ($1. 25) for each service meter, plus Two Dollars ($2) for permit issuance. (2) One-half Cent (1/2.6) per square foot for detached or attached garages or carports on the same service. . 499-8 . 1.7 . 48. 280--17. 48.290 (3). An additional One Dollar and Twenty-five Cents ($1. 25) for each room where electrical radiant heating is installed in residential new construction. (4 ) Where underground services are installed, the additional fee for each service shall be Four Dollars and Fifty Cents ($4. 50) . (b ) Hotels and motels. Use, regular fee schedule in Section 17. 48. 290 for all areas except garages or carports. Regarding garages or carports, One-half Cent (1/2�) per square foot for detached or attached garages or carports on the . same .service shall be charged for hotel and motel occupan- cies . (c ) Commercial, industrial and assembly occupancies . Use regular fee schedule in Section 17. 48.290. (Ord. 1520, 9/69) . 17. 48. 280 Fees--Alterations re airs or improvements . Use regular fee schedule in Section 17. .290. Ord. 15203 9 69 ) . 17.48. 290 Regular fee schedule. There will be a minimum permit issuance fee of Two Dollars $2) , plus Five Dollars ($5) for each service meter on permit, plus fees as listed below for installations . Each self-contained, factory-wired, approved unit such as cooking appliances , home appliances, heating appliances, heaters, vegetable cases, drinking fountains, etc. $ 2. 00 Radiant ceiling heat per room . . . . . . 1. 25 Fixtures : First twenty-nine (29) fixtures, each . 25 'Each additional fixture . . . 12 Each mercury vapor fixture on pole . . . . . 1. 25 Each additional mercury vapor fixture on same pole . . . . . . . . . . . . . . . . . . 25 Generators, Motors and Transformers: H.P. , K.W. , or K.V.A. Rating of Equipment , Up to and including one (1) . • . . . . . 1. 25 Over one (1) and not over five (5) 2. 00 ' Over five (5) and not over fifteen (15) . . . 3. 00 Over fifteen (15) and not over fifty (50) . . 4. 00 Over fifty (50 ) and not over one hundred (100) . 6. 25 Over one hundred (100) and not over five hundred (500 ) . . . . 12. 00 Over five hundred (500 ) 18. 75 Outlets: First twenty (20) outlets, each . . . . . . . 25 Each additional outlet . . . . . . . . . . . . . 12 Each five (5) feet or fraction thereof multiple outlet assembly . . . . . . . . . . . 12 Each multiple appliance outlet assembly 1. 25 499-9 17. 48. 290 Signs and - High-potential Gas Tube Lighting: One sign and one transformer . . . . $ 2. 50 Each additional sign and one transformer at the same location (same building) .1. 25 Each extra transformer, flasher or time clock . . . . . . . . . 1.. 25 Each additional sign and one transformer on ; same lot :. 2: 50 Each sign and one transformer moved to new :location 2. 50 Each additional sign� and transformer moved to the same new location . . . . . . . . . 1. 25 For altering or changing letters of an existing sign . . 1. 25 For converting of each sign or decorative outlet tubing . . . . . . . . 1. 25 Lamp-holding Devices Used on Sign or Marquees: First -twenty (20) , each . . . o6 Next one hundred (100) , each . . . . . . . . 03 Each" additional : . . . . . 01 Temporary Service: -. Temporary electrical service (each meter) 25. 00 Temporary work-with service (Occupied Residential, each. meter) 5. 00 Temporary work-with service (Occupied. Commercial, each meter) . . 10. 00 Each temporary, permanent, subpole or construction pole . . . . . . . 2. 50 Temporary Construction Lighting: Five hundred (500) lamps or less . . . . 2. 00 Over five hundred (500 ) lamps . . . . . . . . . 5. 00 Each time clock . . . . . . . . . . . 1. 25 Each building moved to new location . . . . 5: 00 Inspections for which no fee is herein prescribed: Each inspection (per hour) 7. 00 Minimum- .charge (per one-half (1/2) hour or less . . . .. . . . . . . . . . 3. 50 A fee of Ten- Dollars ($10) shall be paid for each annual electrical permit -at. the time. such permit is issued. Fees for all new work installed under. such permit since date of previous inspection shall be paid according to the above schedule,, at the time such work is inspected; . these. fees. shall be in addition to fee paid at time annual permit is issued. (Ord. 1520, 9169 ) . 499-10 17. 48. 300--17. 48. 320 17 . 48. 300 Fees--Additional inspections . .✓ (a) Each permit shall be entitled to one reinspection, without additional charge, in addition to the required number of inspections established by the department of building and community development . On ,jobs which may be completely inspected on one inspection trip, two (2) inspection trips will be allowed without additional charge for said second trip. EXCEPTION: The number of inspection trips will not be limited on progress jobs ; provided, however, that only one inspection will be permitted for checking a correction. For the purpose of this section, progress ',jobs' are those where circumstances beyond the control of the installer make it impossible for the electrical work to be .completed at any specific time. (b ) If more inspection trips than specified in this section are required due to the fault or error on the part of the installer or his employees, an additional fee of Five Dollars ($5) may be required. of the installer for each such additional inspection trip. (Ord. 1520, 9/69) . _ 17 . 48.310 Refunds . The administrative authority shall collect such fees as are provided to be paid by this code. I-ie shall make no refunds on fees collected amounting to One Dollar ( $1) or less , or on any plan-checking fee; refunds may be made to the permittee in an amount equal to eighty-five (85) percent of the permit fee paid unless the fee paid for the issuance of the permit has been made for an area outside of his jurisdiction or that duplication of permits has been made and two (2). fees have been collected for .the same job, in which case one hundred (100) .percent may be refunded; provided that no refund of any fee or portion thereof shall be made in . either of the following cases : (a)" After one (1) year has elapsed from the date of the issuance of the permit, or (b) If the work designated in the permit has. been commenced. (Ord. 1520, 9/69) . 17 . 48 . 320 Change of contractor or of ownership . A permit issued hereunder shall expire upon a change of owner- ship -or a change of contractor regarding the building or structure for which said permit shall be required for the completion of the work. If the provisions of Section 17 . 48. 270 are not applicable and if no changes have been made to the plans and specifications last submitted to the administrative authority, no- charge shall -be made for the issuance of the new permit under such circumstances . If, however, changes have 499-11 17. 48. 330--17. 48. 350 been made to the plans and specifications last submitted to the administrative authority, a permit fee based upon the valuation of the work to be completed shall be charged to the permit applicant. (Ord. 1520, 9/69) . 17. 48. 330 Right of entry. The administrative authority and his assistants shall carry proper credentials of their . respective offices, and upon exhibition of which they shall have the right of entry during usual business hours to inspect any and all buildings and premises in the performance of their duties. (Ord. 1520, 9/69):• 17. 48.340 Inspections and corrections . Upon completion of the .work which has been authorized by issuance of any permit , with the exception of an annual permit, it shall be the duty of the person, firm, or corporation installing same to notify the administrative authority who shall inspect the installation at the time such notice is given or as soon thereafter as practicable. Where the administrative authority . . • finds the installation to- be in conformity with the provisions• of this code, he shall indicate his approval by affixing his signature to the proper records, thereby authorizing the use of the installation and connection to the source of supply, and shall notify the electrical utility furnishing the elec-. tric service. If, ,upon inspection, the installation is not found to be fully in .conformance with the provisions of this code, the administrative authority shall at once notify the person, .firm; or corporation making the installation, and state the defects which. have been found to exist. All defects shall be corrected within ten (10) days after inspection and notifi- cation, or within other reasonable time as . permitted by the administrative authority. . (Ord. 1520, 9/69) • 17. 48. 350 . Concealed wiring. When any part of . the wiring installation is to be . hidden from view by the permanent place- ment of parts of the building, or by burial in the ground., the person, firm, or corporation installing the wiring. shall notify the administrative authority and such parts of the wiring_ installation 'shall not be concealed until they have been inspected and approved by the administrative authority; provided that on large installations where the. concealment of parts of wiring proceeds continuously, the person, firm, or corporation -installing the.. wir.ing 'shall give the administrative authority due notice and inspections shall be made periodically during the progress of the work. The administrative authority shall have the power to remove, or require the removal of, any obstruction which prevents the proper. inspection of any electrical wiring or equipment. (Ord. 1520, 9/69) . 499-12 17. 48. 360--17. 48. 4o0 . 17. 48. 360 Inspection--Annual permits . Whenever prac- ticable, the administrative authority shall visit all promises where work has been done under annual permits, and shall inspect all electric wiring, devices, appliances , and equipment installed under such a permit since the date of his last inspection. The administrative authority shall issue a certificate of approval for such work as is found to be in conformity with the provisions of this code after the fee required by this code has been paid. (Ord. 1520, 9/69) . 17 . 48. 370 Unlawful connection of electrical service. Except where work is done under an annual permit, it shall be unlawful for any person, firm, or corporation to make connection from a source of electrical energy or to supply electric service to any electrical wiring, devices , appliances, or equipment for the . installation of which a permit is . required, unless such person, firm, or corporation shall have obtained satisfactory evidence from the administrative authority that such wiring devices , appliances, or equipment are in all respects in conformity. with all applicable legal provisions. (Ord. 1520, 9/69) . 17. 48. 380 Disconnected electrical service. It shall be unlawful for any person, firm, or corporation to make connections from a source of electrical energy or to supply electric service to any electrical wiring, devices , appliances, or equipment which has been disconnected or ordered to .be disconnected by the administrative authority, or the use of which has been ordered by the administrative authority. to be discontinued until a certificate of approval has been issued by him, authorizing the reconnection and use of such wiring, devices , appliances, or equipment. The administrative authority shall notify the serving utility .of such order to discontinue use. (Ord. 1520, 9/69 ) . 17. 48. 390 Disconnected service--Commercial or industrial. No existing commercial or industrial building whose electrical service has been disconnected shall be reconnected with permanent electrical service until the administrative authority has determined that the building does not constitute an unsafe building, as defined. by Section 203 of the Uniform Building Code . (Ord. 1520, 9/69) . 17. 48. 400 Rating. All electrical materials, devices, ; appliances , and equipment, designed or intended for attachment ' directly or indirectly to any electrical system, circuit, or electrical service for light, heat, or power shall be only those which conform with the requirements of this code and of 499-13 i 17. 48. 410--17.48. 470 rules and regulations adopted pursuant hereto. Each such article shall bear or contain the maker' s name, trademark, or identification symbol, together with such rating by the manufacturer as may be necessary to determine the intended use. The correct operating volts and amperes or volts and watts , shall. be stated .and no person shall remove, alter, deface or obliterate any such marking. (Ord. 1520, 9/69 ) ., 17. 48. 410 Listing or labeling. Listing or labeling., as conforming to the standards of the Underwriter' s Laboratories, Inc. , as approved, by the United States Bureau . of Standards, or other similar institutions of nationally- . recognized standing, shall be prima facie evidence of ;con- formity with approved standards of safety to life and property. (Ord. 1520, 9/69) . 17. 48. 420 Used materials.* Previously used material shall not be reused without written approval obtained in advance from the administrative authority. (Ord. 1520, 9/69 ) . 17. 48.430 Nameplates . . The maker' s nameplate, trade- mark. or other identification symbol shall be placed on the outside where it is visible at time of inspection on all. electrical materials, devices, appliances, fittings, and equipment used or installed under the provisions .of this 1 code . (Ord. 1520, 9/69 ) • 17. 48. 440 Wire sizes-=American wire gauge (AWG) . Wher- ever conductor .or wire sizes are referred to or specified by number in this code, such number shall be construed to mean the number of gauge of such. wire according to standard American wire gauge specifications, abbreviated as "AWG. " (Ord. 1520, 9/69 ) . 17. 48. 450 Alterations and additions. Alterations, additions, extensions . or renewal of existing wiring installa- tions shall . be made in compliance with the provisions of. this code. (Ord. 1520, 9/60) . 17. 48. 460 Renewal of wiring. When a renewal, due to deterioration or damage, does not exceed fifty (50) percent of the area' of an existing building or structure, such renewal may be installed in the same wiring _method as the existing installation (Ord. .1520, 9/69) .. 17. 48. 470 Change of occupancy. When any building or structure or 'portion thereof is placed in a different occupancy classification, those portions directly affected by such 499-14 17. 48. 480--17 . 48. 550 occupancy change shall be wired in compliance with the pro- visions of this code. (Ord. 1520, 9/69) . 17. 48. 480 Added load capacity. Relocated and exist- ing buildings where additions or alterations occur which require added load capacity, shall be provided with a new ; service entrance switch and panel of adequate capacity to serve the intended load, but in no case le.ss than sixty (60 ) ampere if a switch is used or fifty (50) ampere if a circuit breaker is used. (Ord. 1520, 9/69) . 17. 48. 490 Outside work. No open wiring shall be. in- stalled on the outside of any building or structure; all electric wiring between buildings or between a building and a structure shall be run underground in galvanized or sherardized conduit or other approved raceway. This require- ment shall apply to all runs to signs, floodlight poles, and to poles supporting festoon lighting. Said festoon lighting may be installed where necessary for auto park lighting, outdoor games or similar uses. (Ord. . 1520, 9/69) . 17. 48. 500 Sign service. Signs, individually metered with single-phase loads of less than three thousand five hundred (3500) watts, or not more than two (2) circuits, may be served by a two-wire service. . (Ord. 1520, 9/69 ) . 17. 48. 510 Service-metering equipment. Service-metering equipment shall in .no case be installed in any occupancy other than the one served by such service equipment. EXCEPTION: Buildings of multiple occupancy may have all service equipment installed in a meter or equipment room in which case each occupant shall have access to such room at all times . (Ord. 1520, 9/69 ) . 17. 48. 520 Show window lighting. At least one (1) switch receptacle shall be installed directly above and next to the window for every twenty (20) lineal feet of show window or fraction thereof measured along its base. (Ord. 1520, . 9/69 ) . 17. 48:530 Service entrance. Each service entrance shall be grounded independently. Ord. 1520', 9/69 ) . 17. 48. 540 Service grounds. Single meter service grounds shall terminate in the service disconnect . (Ord. 1520, 9/69 ) . 17. 48 . 550 Accessible service ground clamp. The service ground clamp shall be accessible at all times and shall be accessible without the necessity of crawling at the time of rough inspection. (Ord. 1520, 9/69) . 499-15 17. 48. 560--17. 48.. 58o 17. 48. 560 Exit illumination. All exits shall be lighted as required b,y. other applicable city codes. In every apartment house or office .building with two (2 ) or more apartments or offices above the. first floor, and in every hotel, there shall be installed and kept burning from sunset to sunrise throughout the year artificial light sufficient in volume to illuminate properly every public hallway, passageway, public stairway, fire escape egress, elevator., public water closet compartment, or toilet room. .(Ord. 1:520, 9169) . 17. 48. 570 Fire .alarms. (a) . Every. apartment house three (3) or more stories in height and containing more than fifteen (15) apartments , and every hotel three (3) or more stories in height containing twenty (20 ) or more guest rooms shall have installed therein an approved automatic or manually-operated fire alarm system designed to warn the occupants of the building in the event of fire. . Such fire alarm system shall be so designed that all occupants of the building may be warned simultaneously. (b ) No .signal system or intercommunicating system used for any purpose other than fire warning meets the requirements of. this code. (c ) Stations . for operating any manually-operated fire alarm system shall be placed immediately-'adjacent to the tele- phone switchboard in the building, if there is a switchboard, and at such other locations as may be required by the . fire department. AOrd. 1520,.. 9/69 ) .- . ' 17. 48. 580 Penalty. It shall be unlawful - for any person, firm, or corporation, either as owner, architect, contractor, artisan, or otherwise to install, alter, . repair, move, improve, remove, or convert , use- or maintain any electrical equipment regulated by this code; to cause or permit same to be done contrary to or- in violation of any provision of this code. (Ord.. 1520., 9/69) . Chapter 17. 52 SWIMMING POOL CODE Sections : 17. 52.. 010 Title. 17. 52. 020. Adopted'. 17.52:030 ' Amendments . 17. 52. 040 Section 1. 0 amended--Administrative authority. 17. 52..050 Section 1.1. amended--Department having ,juris- diction. 499-16 17 . 52.010--17 .52. 040 Suct.icns : (Continued) 17.52 .060 Section 1. 5 amended--Permit fees . 17.52 .070 Additions . 17 . 52. 080 Section 1. 7. 1 added--Cash bond. 17 . 52. 090 Section 1..7. 2 added--Fencing requirements . 17.52 .100 Section 1. 15 added--Receptor backwash. 17.52. 110 Section 1. 16 added--Pool equipment installation. 17.52 .120 Section 1.17 added--Hose bibbs . 17.52 .130 Section 215 added--Pool maintenance. . . 17. 52. 140 Section 216 added--Fencing installation. 17. 52 .150 Section 217 added--Decking design. 17. 52. 160 Violation--Penalty. 17 . 52 . 010 Title. This swimming pool code shall be known and referred to as the "Huntington Beach swimming pool code . " (Ord. 1935, 6 Nov 74 ) . 17 . 52 . 020 Adopted. There is adopted by the city council, for the purpose of protecting public health, welfare and safety, by prescribing minimum standards for the design, construction or installation, repair or alteration of swimming pools, public or private, and equipment related thereto; providing for the admin- istration and enforcement of the standards set forth therein; and prescribing penalties for violations thereof, that certain code known as the Uniform Swimming Pool Code, 1970 Edition, compiled by the International Association of Plumbing and Mechan- ical Officials , and repealing all ordinances and parts of ordinances . in conflict therewith except the following sections of this chapter, of which code not less than three (3 ) copies have been- and are now filed in the office of the city clerk, and the same is adopted and incorporated as fully as though set forth at length herein, as provided by Section 50022. 2 et seq. of the Government Code of the state of California, and from the date the ordinance codified herein shall take effect and the provisions thereof shall be controlling within the corporate limits of the city. (Ord. 1631, 2/71 ; Ord. 1519 , 8/69) . 17. 52. 030 Amendments . The Uniform Swimming Pool Code, 1970 Edition, is. amended and changed as set . forth in this chapter. (Ord. 1631, 2/71; Ord. 1519, 8/69) . 17. 52 . 040 Section 1. 0 amended--Administrative authority. Section 1.0 is amended to read as follows : "Administrative authority" means the building and community development director of the city of Huntington Beach. (Ord. 1631, 2/71; Ord._ .1519, 8/69) . 500 17.52. 050--17.52 .060 17 . 52.. 050 Section 1.1 amended--Department having juris diction. Section 1.1 is amended to read as follows : "Department having jurisdiction" means the department .. of building' and community development'. (Ord. 1631, 2/71; Ord. 1515, 8/69 ) . 17. 52. 060 Section 1. 5 amended--Permit fees. Section 1 .5 is amended by adding thereto subsection c to read as follows.:-: (c ) Said permit shall be based on Seven Dollars ($7) valuation per square foot, and the amount of said permit. (The next page is 501. ) �.r 500-1 17.52 .070--17. 52. 100 shall-be- .determined by the. totdl valuation as' per .Table 3A of the Uniform Building Code, . Volume. h,. ;1970 Edition. " (Ord. 1631 (part) , 1971 : . Ord. 1519 (part) 1969) 17. 52. 070 Additions . The Uniform Swimming Pool Code ,. 1970 Edition, .is amended by adding . the following sections . (Ord. 1631 (part) , 1971 :. Ord. 1519 (part) , 1969) . 17. 52 ..080 Section 1. 7. 1 added--Cash bond. Section 1. 7. 1 is added to read as follows : . 111.7. 1.. ' CASH- BOND. - All applications . for swimming pool building permits shall be accompanied by a cash bond in the amount of Three Hundred Dollars ($300) . This bond shall be retained by the City until all construction materials have been removed from city streets and all re- pairs have been made to curbs , walls , sidewalks , streets and other public property damaged by applicant, or as a result of the construction or repair of the swimming pool _ or any part .thereof. In the event applicant does .not remove said materilals .and make said repairs to the satisfaction of the building inspector, the full amount of the bond shall be forthwith and summarily forfeited. Upon the final inspection, and approval by. the Administrative Authority, the bond shall be returned to the .applicant , unless such bond has been forfeited as provided herein. " (Ord. 1631 (part) , 19.71 : Ord.. . 1519 (part) , 1969) . 17. 52. 090 Section 1. 7. 2 added--Fencing requirements . Section 1. 7. 2 is added to read as follows : "1...7. 2. FENCING REQUIREMENTS . All plans submitted. to the .Administrative Authority for swimming pools to be constructed shall show compliance with the fencing require- ments of this code , and final inspection and approval of all pools hereafter constructed shall be withheld until all such fencing requirements have been complied with. The fencing requirements of this code shall not apply to .public swimming pools for which a charge or admission_ price is required to be paid for the .use .thereof. (Ord.. 1631 (part) , 1971 : Ord. 15,19 '_(part) 1969) 17. 52. 100 Section 1. 15 added--Receptor backwash. Sec- tion 1. 15 is added to read as follows : 111. 15. RECEPTOR BACKWASH. A` receptor-backwash line is not .required, but in the event a receptor-backwash line is installed,, the line must meet the requirements of the latest edition of the Uniform Plumbing Code and have an approved type of 'P' trap. " (Ord. 1631 . (part) , 1971: Ord. 1519 (part) , 1969) . :501 17. 52. 110--17. 52 . 140 17.52. 110 Section 1. 16 added--Pool equipment installa- tion. Section 1. 16 is added to read as follows,: " 1. 16 . SLAB. Pool equipment shall be installed on a slab four (4) inches above ground level. " (Ord. 1631 (part) , 1971: Ord. 15.19 (part) , 1969) . 17. 52 . 120 Section 1. 17 -added--Hose bibbs . Section 1. 17 is ad ed to read as follows : "1. 17. HOSE BIBBS . All hose bibbs within fifty (50) .feet of the pool must. be protected with anti-syphon devices . " (Ord. 1631 (part) , 1971 : Ord. 1519 (part) , 1969) . 17. 52. 130 Section 215 added--Pool maintenance. Section 215 is added to read as follows : "215 . MAINTENANCE. After completion of the pool, the owner must keep the pool filtered and clean and in a sanitary condition at all times . " (Ord. 1631 (part) , 1971 : Ord. 1519 (part) , 1969) . 17. 52. 140 Section 216 added--Fencing installation. Section 216 is added to read as follows : "216. Fencing. Every person in possession or control of land within the city , either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool., shall at all times maintain, on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises , a substantial fence or wall not lower in height than five (5) feet, measured from ground level on the exterior side of the fence or wall, including gates , with no holes , gaps or openings larger than four (4) inches in any horizontal dimensions; provided, that if the . fence is designed with over two (2) inch horizontal openings between vertical risers , no horizontal member shall be installed that will afford a means of climbing such fence , wall or gates . These horizontal members must be located at or near the top and bottom of the fence or wall to provide the. maximum amount of vertical clearance. A dwelling house or appurtenant structure may be used as a part of. such enclosure . Gates or doors shall be provided with self-latches and self-closing devices capable of keeping such gates or doors securely latched and closed at all times ._ Such devices shall be located not less than five (5) feet above exterior grade of such doors . This section includes walk- through garage doors . 502 17. 52 . 150--17. 52. 160 NOW This section is not designed . to prevent the use of other protective devices , subject to approval. of. the Administrative .Authority,. provided. the degree of protection is not reduced from .that given above. " (Ord. 1631 (part) , 1971 : Ord.. 1519 (part) , 1969) . 17. 52 . 150. Section 217 added--Decking design. Section 217 is added to read as follows : "217. Soil Conditions . All areas in Huntington Beach are considered expansive soil areas unless otherwise speci- fied .by an engineer' s report. Pool decking design must be as shown on plans for expansive soil. Expansion Joint. Separate between pool coping and decking must be provided and seal joint with approved compound. A nonsetting mastic, rubber or similar compound is necessary. Cantilevered Decks. All cantilevered decks must have a nonsetting mastic, rubber or similar compound between top portion of the and underside of cantilevered decks . All cantilevered decks must have . a strip of mastic on top of the bond beam, between the bond beam and deck, before the deck is poured, unless preparations are made for the steel to extend from the bond beam into the deck. " (Ord. 1631 (part) 1971 : Ord. 1519 (part) , 1969) . 17. 52. 160 Violation--Penalty. It is unlawful for any person .to construct , install , repair or alter swimming pools , public .or private and equipment related thereto contrary to or in violation of any of the provisions of this code. (Ord. 1519 (part) 1969) , Chapter 17. 56 'UNIFORM FIRE CODE Sections : 17. 56 .010 Adopted. 17..56.. 020 Bureau .of fire prevention--Created--Duties . 17. 56 . 030 Definitions . 17. 56 . 040 Prohibited districts where aboveground ..storage of flammables .prohibited. 17.56 . 050 ' Restricted distri-cts for bulk storage of .liquefied petroleum gases . 17. 56 . 060 Prohibited districts for storage of :explosives and blasting agents . 17:56 . 070 Amendments. to Uniform Fire Code . 5,03 17. 56. 010 Sections : (Continued) . 17. 56 .080 Section 1. 218 added--Fire incident report. 17. 56 . 090 Section 1. 216 amended--Standards for compliance. 17. 56 .100 Section 1. 403 amended--Definitions . 17. 56 . 110 Section 10 . 103 (f) added--Obstructing exits . 17. 56 . 120 Section 10 . 114 added--Mall use. 17. 56 . 130 Section 11. 105 amended--Bond requirement. 17. 56. 140 Section 12. 102 (a) . amended--Fireworks-- Manufacture. 17. 56 . 150 _ Sections 12 . 107 , 12. 108 and 12.. 109 added-- Fireworks . 17.56 . 160 Section 13. 207 amended--Hydrant use approval. 17. 56 . 170 Section 13. 208 amended--Building access . 17. 56 . 180 Section 13:301 (d) , (e) , (f) , (g) , and (h) added--Hydrant placement. 17.56 . 190 Section 13. 301. 1 added--Commercial cooking safety precautions. 17. 56. 200 Section 13. 315 added--Protection equipment testing. 17. 56. 210 Section 15 . 104 amended--Flammable liquid containers . 17. 56. 220 Section 15. 1002 amended--Oil well drilling. 17. 56. 230 Section 31.101. 1 added--Welding and cutting permit. 17. 56. 240 Section 10. 113 amended--Occupant loads. .� 17. 56 . 250 Section 13. 307 (a) amended--Alarm systems required. 17. 56 . 260 Section 15 . 307 amended--Tank piping testing. 17. 56 . 270 Section 15 . 705 (e) (4) amended--System testing. 17. 56 . 280 Section 15 . 710 (c) ( 8) amended--Piping testing compliance. 17 . 56. 290 Section 15-. 1101 amended--Tank vehicle permit. 17. 56 . 300 Section 15.1102 amended--Tank vehicle construction. 17. 56. 310 Section 31. 111 (c) amended--Fuel gas cylinder storage. 17. 56.320 Appeals . 17. 56. 330 New materials , processes or occupancies- Permits .. 17. 56. 340 Violation--Penalty. 17 . 56. 010 Adopted. There is adopted by the city council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion , that certain code known as the Uniform Fire Code, compiled by the International Conference of Building Officials and the Western Fire Chiefs Associations , Inc. , being particularly the 1973 Edition thereof and the whole thereof, save and except such portions as are hereinafter 504 17. 56 . 020--17. 56. 050 deleted., .modified or amended, of which code not less than three copies have been and are now filed in the office of the clerk of the city and the same , together with Appendices A--E and amendments thereto, are adopted and incorporated . .as fully as though set out at length herein, and from. the date on which the Uniform Fire Code shall take effect, the provisions thereof shall be 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. (Ord. 1900 (part) , 1974 : Ord. 1414. (part) , 1968 : Ord. 1131 (part) , 1965) . 17. 56 .020 Bureau of .fire prevention--Created--Duties . (A) The Huntington Beach . fire code shall be enforced by the bureau of fire prevention of the Huntington Beach fire department, which bureau is established and shall be operated under the supervision of the chief of the fire department. (B) The chief in charge of the bureau of fire preven- tion shall be appointed by the chief of the fire department on the basis of. examination to determine his qualifications. (C) . The chief of the fire department may detail such members of the fire department to the bureau of fire prevention as he ' shall from time to time deem necessary. (Ord. 1414 (part) , 1968 : Ord. 1-131 (part) , 1965) . 17. 56 .030 Definitions . (A) Wherever the .word "municipality" is used.,in the Huntington Beach fire code , it shall mean the city of Huntington. Beach. (B) . Wherever the term "corporation counsel" is used in the Huntington Beach fire code, it shall mean the attorney for the city of Huntington . Beach. (Ord. 1414 (part)_ , 1968 : Ord. 1131 (part) , 1965) . 17. 56 .040 Prohibited districts where aboveground storage of flammables prohibited. (A) The limits referred, to in Section 15 . 201 of the Huntington Beach fire code in which storage of .flammable or combustible liquids in out- side,. aboveground tanks is prohibited, are hereby estab- lished for all Fire Zone Number 1' and Fire Zone Number 2 as defined in Chapter 17. 32 of the Huntington Beach Municipal Code, except for those properties zoned for oil production. (B) The limits referred to in Section 15 .601 of the Huntington Beach fire code , in which . new bulk plants for flammable or combustible liquids are prohibited, are established for all zoning districts within the city ex- cept the M2 or heavy industrial zone. (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . 17. 56 . 050 Restricted districts for bulk storage of liquefied petroleum gases . The limits referred to in `va,` Section 20 . 10.5 (a) of the Huntington Beach fire code, in 505 17. 56. 060--17. 56 . 010 which bulk storage of liquefied petroleum gas is restricted, are established for all zones within the city except the M2 or heavy industrial zone. (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . 17. 56 . 060 Prohibited districts for storage of explo- sives and blasting agents . The limits referred to in Sec- tion 11. 106 (b) of the Huntington Beach fire code , in which storage of explosives and blasting agents is prohibited, are established for all zones within the city except the M2 or heavy industrial zone. (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , . 196.8) .. 17. 56 .070 Amendments to Uniform Fire Code . ,The Uniform Fire Code is amended and changed in the following respects in Sections 17. 56 .080 through 17. 56 . 310. (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968: Ord. 1131 (part) , 1965) . 17. 56 .080. Section 1. 218 added--Fire incident report. Article 1 , Division II shall be changed by adding thereto Section 1. 218 to read as follows : "Section 1. 218. FIRE INCIDENT REPORT REQUIRED. (a) Any occurrence of fire , explosion or chemical burn causing injury, loss or damage to any person or property within the municipality shall be reported to the Fire Department within twenty-four (24) hours after its occurrence. (b). Any hospital,, convalescent hospital , physician, first aid station, or persons who treat or aid any person injured by a fire, explosion or chemical burn within the municipality shall within twen.ty-four (24) hours , report such treatment and pertinent information to the Fire Department. " (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . 17. 56 . 090 Section 1. 215 amended--Standards for compliance. Article 1 , Division II , Section. 1. 216 is amended by adding thereto the words : "More current editions of these publications or supplements thereto shall apply .if the intent of the listed standard remains unchanged. " (Ord._ 1900 (part) , 1974 : Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . 17.56. 100 Section 1. 403 amended--Definitions . Article 1, Division IV, Section 1. 403 , definition of assembly, is amended to read as follows : i "ASSEMBLY shall mean the gathering together of fifty (50) or more persons for such purposes as deliberation', 506 17. 56. 110--17. 56. 130 education, instruction,. worship,, entertainment, amusement or awaiting transportation, or 'of fifty (50) or more per- sons in a drinking or dining establishment. " (Ord. 1900 (part) , 197.4.: Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . . 17.56 . 110 Section 10 . 103(f) added--Obstructing exits . Article 10 is amended by adding Section 10 .103 (f). : "Section 10 . 103 (f) - OBSTRUCTION OF EXITS BY TURNSTILES OR SIMILAR. DEVICES . No turnstiles or similar devices shall be' installed or used inside or outside of any building used for commercial, business or public assemblage purposes ,' nor any other device that shall tend to trap any person within or without the buildings . In all occupancies where checkout stands or similar undersized openings are used, there shall be provided adja- cent thereto,. a clear passageway or opening to such exit or exits as determined by the occupant load existing re- quirements of the Huntington Beach . Bui.lding Code. These exitways or openings shall have a minimum width of forty- four: (44) inches but in no instance shall they be less than the total required exit width. These exitways or openings may be-.equipped-with a breakaway bar which does not require any special knowledge nor a force greater than fifteen (15) pounds to operate . These exitways or openings shall be maintained free of ali .. obstructions and shall be clearly marked 'EMERGENCY EXIT - PUSH' . " (ord. '1900 (part) , 1974 : Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . 17. 56 . 120 Section 10. 114 added--Mall use. . Article 10 is amended by adding Section 10 . 114 . , "Section 10, 114 MALLS . All conditions of Article 10 and Article 26.. of this .code shall apply when a mall or a portion thereof _is -used for 'any purpose other than, and/or in addition to an exit corridor. " (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . 17. 56 . 130 Section 11. 105 amended--.Bond requirement. . Article 11, Section 11. 105 is amended to, read as follows : "Section 11.105 . BOND REQUIRED. Before a permit is issued, as required by Subsection (a) (3) , of Section 11. 105, the applicant shall file with jurisdiction a corporate surety bond in the following amounts :. 507 17. 56. 140--17 . 56. 150 AMOUNT OF EXPLOSIVES REQUIRED PUBLIC REQUIRED PROPERTY (Pounds) LIABILITY (Dollars) DAMAGE (Dollars) 0 to 50 25,000 25 ,000 50 to 100 75 ,000 75 ,000 100 to 500 150 ,000 150 ,000 Over 500 300 ,000 300 , 000 The Chief may specify a greater or lesser amount when, in his opinion, conditions at the location of use indicate a greater or lesser amount is required. Public agencies shall be exempt from this bond require- ment. " (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . 17. 56 . 140 Section 12 . 102 (a) amended--Fireworks-- Manufacture. Article 12 , Section 12. 102 (a) is amended to read as follows : "Section 12 . 102 (a) The manufacture of fireworks within the jurisdictional areas is prohibited. " (Ord. 1900 (part) , 1974 :. Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965) . 17 . 56 . 150 Sections 12 . 107, 12 . 108 and 12 . 109 added-- Fireworks . Article .12 is amended by adding thereto Sections 12. 107 , 12 . 108 and 12 . 109 to read as follows : . (A) "Section 12 . 107. PERMITTED USE OF SAFE AND SANE FIREWORKS. Nothing in this article shall prohibit the use of fireworks classified and registered by the California State Fire Marshal as 'safe and sane, ' or ' consumer fire- works ' for religious or patriotic celebrations , if such use is under the direct supervision of a competent adult. " (B) "Section 12 . 108. TEMPORARY RETAIL SALES OF FIRE- WORKS . It shall be unlawful for any person to offer for sale any fireworks within the municipality without first obtaining a permit from the City Administrator. Applica- tion for and issuance of the permit -shall be governed by the following regulations : (1) Persons Eligible. Fireworks permits shall .be issued only -to such applicants who meet the following quali- fications : (a) A nonprofit, charitable or religious corporation or association organized and existing primarily for youth, veterans , patriotic, religious , charitable, civic betterment or community service purposes ; and (b) Said corporation or association has its 508 17. 56. 150 -mow principal and permanent meeting place -in .the .City of Hunting- ton. Beach, and has been organized and established in' said city for a period of at least one year prior to the date of application. (2) Number of Stands . A permit for only one fire- works stand will be issued to any one organization, in- cluding its affiliated organizations . (3) Prior Rights to Locations . Any applicant having had a fireworks stand the previous year shall have a prior right to the same site location. If a. dispute arises between applicants .concern- ing locations -of stands , the matter may be referred by the Fire Chief. to the City Administrator for his decision, and . such decision shall be final. (4) Drawing Procedures - Vacant or New Fireworks Stand Sites . Applicants for sites vacated the previous year, or for any new site , will be selected on the following basis : • (a) Applications may be picked up at Fire. . Department headquarters on or after the first day of January of each year. . (b) Completed applications shall be returned to the City Clerk' s office. . Final filing date for applica- tions shall be the twenty-seventh (27th) day of May of each year, or the first working day thereafter. (c) The City Clerk 's office shall hold a draw- ing on the first.. Friday of June of each year for- the purpose of awarding vacant or new fireworks stand locations to eligible applicants. Applications shall indicate an order of preference of the sites available rather than a specific site. (d) The applicant or representative of applicant shall be present at said drawing. The representative shall be .a .legitimate me.mber, of :the applicant organization and shall -represent only 'ONE organization. . Permits for ..vacant or new fireworks stand sites shall be_ awarded to eligible applicants at the time of drawing, and such awards shall be final . The issuance. of a permit by the city does not encumber the property of an owner upon whose property a fireworks stand may be located. Negotiations between the applicant and the property owner for permission to use the site are the responsibility of the applicant. -Failure to secure the property owner' s per- mission to use his property for a site location disqualifies the applicant for the entire drawing. A permit issued to the applicant for the site awarded shall be the only permit issued on that site for the calendar year, and no other ap- plicant organization may use said site . 509 17. 56 . 150 (5) Application for Permit. Each applicant for a . permit hereunder shall obtain his application forms before the fifteenth (15) day of May of each year. Each applica- tion shall be sumitted in duplicate, and contain the follow- ing information : (a) Name , address and telephone number of applicant. (b) The applicant's status as a nonprofit, charitable or religious corporation or association. (c) The primary purpose of applicant's organiza- tion. (d) When applicant was organized and established. (e) The . location of the applicant 's principal and permanent meeting place. (f) Names , addresses and telephone numbers of the officers , if any , of the applicant organization. (g) The location where the applicant will sell fireworks , together with written approval of the owner or lessee of the property. (h) . . The name , address and State Fire Marshal 's license number of any wholesaler or distributor from whom the retailer proposes to purchase fireworks for resale. (i) The applicant's State Board of Equalization sales tax permit number. (j ) The manner, method and time the applicant proposes to sell "safe and sane" fireworks . (k) Such other information as the Fire Depart- .ment may require in order to make its investigations . (6) Filing Dates . Applications , together with application fees , shall be submitted to the Fire Department on or before the twenty-seventh (27th) day of May of the calendar year for which the permit is sought. The Fire Department shall submit the applications to the City Administrator, and the fees to the City Finance Director. Any permit issued shall be valid only for the site location for which it is issued; permits shall not be transferable, assignable or renewable, and they shall be valid only for the dates specified in the permit. (7) Fees . (a) An application fee in the sum of fifteen dollars ($15. 00) shall. be paid by the applicant. Fee shall . be paid at the time the completed application is submitted to the Fire Department. (b) A service fee shall be paid by each appli- cant in the sum of ten dollars ($10 .00) to cover the costs of service, mapping and inspections . This fee shall be. paid with the application fee. (c) All fees are refunded to unsuccessful applicants . 510 17. 56. 150 (8) If the completed application meets Fire Depart- ment regulations , the Fire Department shall submit the application to the City Administrator for approval on the first Monday in June in any year, and the City Administrator must grant or deny the permit' within five (5) days thereafter. " (C) "Section 12 . 109. REGULATIONS FOR THE OPERATION. OF FIREWORKS STANDS . All temporary fireworks stands shall be located, maintained and operated subject to the following, regulations . Violation of any of the following regulations shall be grounds for the immediate revocation of the operator' s permit by the Fire Chief or his authorized representative: ( 1) Any person owning or operating any such stand shall comply with all conditions set forth by applicable laws , and. those requirements imposed by the City Administra- tor .in granting the permit. ( 2) A cash bond in the sum of one hundred dollars ($100 . 00) must be posted by the permittee with the City Administrator. This bond shall be posted within seven (7) days after the City Administrator has approved the permit and prior to the erection of the stand. If the permittee fails to remove said stand, equipment and rubbish from the premises before the eighth (8th) day of July of the year for which the permit is granted, twenty-five dollars ($25.. 00) of said bond shall be forfeited to the City. If the permittee. fails .to remove said stand, equipment and . rubbish from the premises before the twelfth (12th) day of July of the. .year for which the permit is granted, the full amount of ,such bond shall be forfeited to the -City. The .Fire Department shall make an inspection, or in- spections of the premises , and shall report to the City Administrator whether such. stand, equipment , . and rubbish have been removed from such premises as of the times and dates herein above provided. Thereafter, the City Administrator shall make disposition of the. cash bond posted .by the permittee , as hereinafter provided, and written notice of such disposition shall be given per- mittee by the City Administrator. ( 3) Prior to erection .of any stand, the permittee shall .procure public liability and -property damage insurance covering its operation in and about said stand and premises in a minimum amount of one million dollars ($1,000.,000) in the aggregate for combined single limit bodily injury and/or property damage , including products - liability. Permittee must also sign a hold harmless agreement. The City of Huntington. Beach shall be named as an 'additional insured on such -insurance . The permittee shall file a certificate of such insurance with the City Administrator within seven NOW 511 17 . 56. 150 ("7) days after the City Administrator has approved the permit. ( A) Location Approval. In no case shall stands. be allowed in the following locations : (a) Within three-quarters (3/4) of a mile of any other temporary stand; (b) On the ocean side of the Pacific Coast Highway; or (c) In Fire Zone No. 1, as defined in Section 17. 04. 040 81 of the Huntington Beach Municipal Code . ( 5) No fireworks display or stand shall be erected --within one hundred (100) 'feet- of. any gasoline . service station or any garage, or within thirty-five (35) feet of any other structure. Minimum setback from the street curbing shall be ten (10) feet or more as required by the Fire Prevention Bureau which shall mark the placing of the nearest part of stand to curb. ( 6) There shall be maintained in each premises or stand within which fireworks are sold or offered for sale, suitable fire extinguishers of a type and number approved by the Chief of the Fire Department. ( 7) No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty (50) feet thereof. ( 8) No smoking shall be allowed in any structure used for the sale and display of fireworks nor within fity . (50) feet of said structure. "No Smoking" signs shall be prominently displayed in a number prescribed by the Fire Chief. ( 9) All such temporary stands shall be constructed in accordance with existing city requirements and specifica- tions . (10) All temporary stands for the display and sale of fireworks shall obtain an electrical permit from the City of Huntington Beach prior to any electrical work. (11) No arc or klieg light shall be located within seventy-five (75) feet of any temporary stand selling fire- works . (12) . Fireworks shall be sold only between the hours of 12 :00 noon, June. 28th, to 12 :00 noon on July 6th, as authorized by the State Fire Marshal. (13) Permittee shall comply with all the provisions of Sections 12600 through 12801 of the Health and Safety Code of the State of California. (14) Fireworks shall be stored and kept only in the permittee 's sales booth. It. shall be unlawful to store any= fireworks in any building, residence , garage, home or . automobile within the City of Huntington Beach. (15) There shall be at least one adult in attendance during the open or sales hours of the fireworks stand. 512 17. 56.150 (16) The permittee shall provide an adult night watchman to provide security during the hours of storage. Under no circumstances shall the night watchman sleep within the fireworks stand. Trailers, campers , tents or similar equipment used by night watchmen for sleeping or similar uses shall not be parked within twenty-five (25) feet of the fireworks stand. (17) No alcoholic beverages shall be allowed on the premises . (18) All permits must be posted in a conspicuous place open to public view. (19) No fireworks shall be sold or offered for sale within the City which are classified as ' dangerous fireworks ' as that term is defined by the Health and Safety Code of the State of California, nor shall any person. be permitted to sell, within the City, fireworks , without first having obtained a fireworks retail license from the State Fire Marshal , as required under the laws of the State of California. (20) Gasoline driven generators used for the pur- pose of„supplying electrical power to the fireworks . stand shall not be placed within twenty-five (25) feet of the fireworks stand. - (21) There shall be placed adjacent. to all fire- works .stands . a metal trash container (s) with metal lid, of sufficient size . and number to accommodate trash generated by the fireworks stand. " (D) "SAFE AND SANE FIREWORKS . (1) Every person, agent or employee thereof, en- gaged in the business of .the sale or disposition of safe and sane fireworks , who sells , furnishes , gives or causes to be sold, furnished .or given. away any safe and sane fire- works to any person under the. age of eighteen (18) years whether or not the person engaged in said business has knowledge that the person sold to, furnished to or given to is under the age of eighteen (18) years , is guilty of an infraction. (2) . Any :person under the age of eighteen (18) years who purchases any safe and sane fireworks . is guilty of an infraction. (3.) Any person under the age of eighteen (18) years who discharges any safe and sane fireworks within the city ".boundaries except when under the direct supervi- sion and in the presence of an adult, is guilty 'of an in- fraction.' (4) For the purpose of preventing the violation of Subsection (a) hereof, any person, .or agent., or employee thereof; engaged in the business of the sale or disposition of safe and sane fireworks , may refuse . to sell , furnish 513 17 . 56. 160--17 . 56. 170 or give away any safe and sane fireworks to any person who / fails to produce adequate written evidence that he or she is eighteen. (18) years or over. Such written evidence may include, but is not limited to, a motor vehicle operator' s license . Proof that the person, or agent or employee thereof, engaged in the sale or disposition of safe and sane fireworks , demanded, was shown and acted in reliance upon adequate written evidence of proof of age of eighteen (18) years or over shall be a defense to any criminal prosecution under this section. (5) The term 'safe and sane fireworks ' is expressly defined in .the California Health and Safety Code . (6) An infraction committed by a violation of this section shall,. upon a conviction thereof, be punishable for each conviction by a fine not to exceed One Hundred Dollars ($100) . (7) In the event of a conviction, plea of guilty or nolo contendere , of any person, agent or employee there- of, under Subsection (a.) of this section, any sponsoring organization from whose fireworks stand said illegal sale was made shall not receive a permit to sell fireworks the following year. " (Ord. 1900 (part) , 1974 : Ord. 1884 (part) , 1973 : Ord. 1499 (part) , 1969 : Ord. 1414 (part) , 1968 : Ord. 1131 (part) , 1965 : Ord. 458, 1942 : Ord. 413 , 1938 : Ord. 105 , 1913) . 17 . 56. 160 Section ,13. 207 amended--H-Hydrant use a y approval. Article 13 , Division II., Section 13. 207 is amended to read as follows : "Section 13. 207. HYDRANT USE APPROVAL. No person shall use or operate any hydrant or other valve installed on any water system intended for use by the municipal water . department for fire suppression purposes and which is accessible to any public highway , alley or private way open to, or generally used by the public, unless such person first secures a written permit for such use from the municipal water department. This section does not apply _ to the use of a hydrant or other valve by a person, who is authorized to make such use , employed by . the water company which supplies water to such hydrant or other valve. " (Ord. 1900 (part) , 1974 :. Ord. 1414 (part) ,. 1968) . 17 . 56 . 170 Section 13. 208 amended--Building access . Article 13, Division II , Section 13. 208 is hereby amended to read as follows .- "Section 13. 208. REQUIRED ACCESS . To facilitate fire suppression operations , no building, or portion of a build ing, shall be constructed more than one hundred fifty (150) feet from an improved public street unless access through 514 17. 56. 180--17. 56. 190 an area or private roadway is provided. Such area or road- way must be a minimum. of twenty-five (25) feet in width, surfaced to support fire . apparatus , have a vertical clearance of not less than fourteen (14) feet, and terminate . in a forty (40) foot cul-de-sac or hammerhead turning area. , - No building or portion thereof shall encroach more than . two (2) feet upon this required access width clear to sky. All required - access areas and/or roadways shall be maintained ' clear at all times . (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968) . 17. 56 . 180 Section 13. 301 (d) , (e) , .(.f) ,' (g) , and _ (h) added--Hydrant placement. Article 13, Division III , Section 13. 301 is amended by adding Subsections (d) , (e) , (f) , (g) and (h) ., to read as follows : " (d) All - premises where a building or portion of a. building (other than single family or duplex dwellings) is hereafter constructed, or -a; commercial or manufacturing use is established, shall be provided with a public fire hydrant system capable of supplying sufficient water Ares- sure as determined by the Chief. All portions of commercial and manufacturing buildings shall be within three hundred (300) feet of a public fire hydrant. (e) There shall be installed within residential sub- ,tom, divisions one (1) fire hydrant for each 160 ,000 square .feet of area or portion thereof. Fire hydrants shall be spaced not more than six hundred (600) feet along public street" . , or so that each dwelling is within three hundred (300) feet of a fire hydrant. .(f) All required fire hydrants shall be installed, accessible and operable prior. to the initiation of any permanent structure using combustible material. (g) Fire hydrants shall meet the specifications as outlined by the Chief and the Water Superintendent. (h) The Chief may approve any alternative plan which will . fulfill. the intent of--this section. " (Ord. 1900 (part) , 1974 : Ord. 1802 , 1973 : Ord. 1414 (part) , 1968) . 17.. 56 . 190 Section 13. 301. 1 added--Commercial cooking safety precautions . Article 13 , Division III is amended by adding Section 13. 301. 1 to read as follows : "Section 13. 301. 1. HOOD AND DUCT FIRE PROTECTION. (a) All hoods and ducts , where required for cooking surfaces by the Huntington Beach Building Code, where com- mercial cooking equipment as described in- this code is used, shall be equipped with an approved automat ic" fire; `protection system. All associated cook units utilizing . or mineral fats or oils and haven :an aggregate -;liquid surface served by a common hood or dolnin excess of th-ree hundred 515 17. 56. 200--17. 56. 220 and fifty (350) square inches , shall have automatic fire protection. All systems shall be installed (ref. NFPA pamphlet 96 , Section 10) and maintained in accordance with all sections of the code and with the specifications of the approving agency. (Exceptions - Group H and I occupancies shall be exempt from this code. ) (b) Hoods , ducts and associated cooking equipment installed prior to the effective date of .this article and section, shall be made to conform with the requirements of this section. " (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968) . 17. 56 . 200 Section 13. 315 added--Protection equipment test in . Article 13, Division III is amended by adding Section 13. 315 to read as follows : "Section 13. 315 . APPROVED EQUIPMENT AND INSTALLATION. Approval Required. No person shall sell, offer for sale , or install, or cause or permit to be installed, or main- tained, for the purpose of fire protection or extinguish- ment, any appliance , 'system or piece of equipment which has not first been tested and approved. The installation of such "items must be done in a workmanlike manner, by a qualified person, and in conformance with all applicable codes and standards . " (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968) . 17. 56 . 210 Section 15. 104 amended--Flammable liquid containers. Article 15 , Division I , Section 15 . 104 is amended by adding the following : "No person or firm shall give , sell or offer for sale any container for the use , storage or handling of a flammable or combustible liquid unless such containers are of an approved type. " (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968) . I 17. 56. 220 Section 15 . 1002 amended--Oil well drilling. (A) Article 15, Division X, Section 15. 1002 , Subsection (b) , is amended to read as follows : " (b) No oil well shall be drilled within twenty-five (25) feet of any dedicated public street, highway or nearest rail of a railway being used as such. " (B) Article 15 , Division X, Section 15 .1002 is amended by adding thereto,. Subsection (e) to read as follows : " (e) The distance described in Subsections (a) , (b) , (c) and (d) of this Section, in the discretion. -of the Chief, may be reduced if a six (6) foot masonry wall is constructed around the perimeter of the drilling site. A single opening 516 17. 56. 230=-17. 56. 250 of not more than twenty (20) feet in width may be allowed in this enclosed area. " (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968) . 17. 56 . 230 Section 31. 101. 1 added--Welding and cutting permit. Article 31 is amended by adding Section 31 . 101. 1 to read as follows : "Section 31. 101. 1. PERMIT REQUIRED FOR WELDING OR. CUTTING. (a) No person, firm, corporation or partnership shall perform any welding .or cutting operation except as provided. in Section 31. 101. 1 (b) without first having obtained a per- mit therefor from the Fire Department. This permit shall not be required for each welding or cutting job location. (b) A permit shall not be required: (1) When the welding or cutting is performed in areas approved for the purpose, or M. When there is an approved permit system estab- lished for control of the fire hazards involved. (c) A permit for welding or cutting operations , shall not be issued unless the person in charge of performing such operations is capable of doing such work in a safe manner. Demonstration of a working knowledge of the provisions of this article. shall constitute acceptable evidence of compliance with this requirement. " (Ord. 1900 (part) , 1974 : Ord. 1414 (part) , 1968) . 17. 56 . 240. Section 10 . 113 amended--Occu ant. loads . Article 10 , Section 10 . 113 (c) (1) B . is amended to read as follows : '.'Section 10 . 113 (c) (1) (B) . Divisions . 1 and 2 of Group B. Occupancies with an occupant load of more than 500 persons , except . churches with an .occupant load of less than 750 persons . " (Ord-. 1900 (part) , 1974) . 17.56 . 250 Section 13. 307 (a) amended--Alarm systems required. Article 13 , Division III , Section 13 . 307 (a) is amended to read as follows : "Section 13. 307 (a) . Every apartment house three stories or more in height or containing more than 15 apart- ments and every hotel three stories or more in height con- taining 2.0 or more guest rooms , shall have installed therein an approved automatic or manually operated fire alarm system designed to warn the occupants of the building in the event of . fire ..' Such fire alarm system shall be so designed that all occupants of the building may be warned simultaneously. " (Ord. 1900 (part) , 1974) . 517 17 . 56. 260--17 . 56. 300 17. 56 .260 Section 15. 307 amended--Tank. piping testing. Article 15, Division III is amended to add Section 15 . 307 to read as follows : "Section 15. 307. TESTING. (a) Before being covered or placed in use, tanks and piping connected to underground tanks shall be tested for tightness . No portion of the system shall be covered until it has been approved. (b) The pipe system between the pump and dispenser, but not including the pump, tank or the dispenser, shall 'be tested hydrostatically for 30 minutes to 150 percent of the shut-off pressure of the pump or 75 pounds per square inch gauge, whichever is greater, to insure tightness . The test liquid shall be that for which the system is in- tended. " . (Ord. 1900 (part) , 1974) . 17. 56 .270 Section 15 . 705 (e) (4) amended--System testing. Article 15, Division VII , Section 15 . 705 (e) (4) is amended to read as follows : "Section 15 . 705 (e) (4) . After completion of the in- stallation, the system shall be tested as provided in Sec- tion 15. 216. " (Ord. 1900 (part) , 1974) . 17. 56 .280 Section 15. 710 (c) (8) amended--Piping testing compliance. Article 15 , Division VII , Section 15. 710 (c) (8) is amended to read as follows : "Se.ction .15. 710 (c) (8).. Testing of. piping systems shall beiin accordance with Section 15 .216. (Ord. 1900 (part) , 1974) . 17. 56 . 290 Section 15 . 1101 amended--Tank vehicle permit. Article 15, Division . XI , Section 15. 1101 is amended to read as follows : "Section 15 . 1101. PERMIT REQUIRED. A tank vehicle shall not be operated without a valid permit , or a certifi- cate of compliance from the State Fire Marshal. " (Ord. 1900 (part) , 1974) 17 . 56 . 300 Section 15. 1102 amended--Tank vehicle con- struction. Article . 15 , Division XI , Section 15. 1102 is amended to read as follows : "Section 15. 1102 . TANK VEHICLE CONSTRUCTION. Tank vehicles shall be designed, constructed, equipped and main- tained in accordance with Title 19 , California Administrative Code. " (Ord. 1900 (part) , 1974) . 518 f i 17. 56 . 310--17: 56. 340 17. 56 . 310 Section 31. 111 (c) amended.--Fuel oil cylinder storage. Article 311 Section 31. 111 :c .,is amended to - read as follows : "Section 31. 111 (c) . The storage of. fuel gas cylinders in such rooms shall not exceed a total capacity of 2000 cubic feet of gas , or a' total water capacity of 735. pounds of methylacetylene-propadiene stabilized. " (Ord. 1900 ' (part) , 1974.) 17. 56 . 320 Apeeal.s Whenever the chief of the fire . ,'.. department -shall disapprove an application or refuse to . grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued .or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the Huntington Beach appeals board within thirty days from the date of the decision appealed. (Ord. 1900 (part) , 1974 : Ord. 1414 (Part) , 1968) . 17. 56 . 330 New materials , processes or occupancies-- Permits . The city administrator, the chief of the fire department and the chief of the bureau of fire prevention shall act .as a committee to determine and specify, after giving affected persons an. opportunity to be heard, any new materials , .processes or occupancies , which shall re- quire permits , in addition to those now enumerated in this code. _The chief of the bureau of fire prevention shall post such. . list in_ a conspicuous place in his office , and distribute copies to interested persons . (Ord. 1900 (part) , 1.974 : Ord. 1414 (part) , 19.68) . 17. 56 . 340 Violation--Penalty. (A) Any person who violates any of the provisions of the code hereby adopted or fails to comply herewith, or who violates or fails to com- ply with any order made thereunder, or who builds in viola- tion of any detailed statement of specifications of plans submitted and approved thereunder or any certificate or per— mit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the Huntington Beach board of appeals or by a court of competent jurisdiction, within the time fixed here- in, shall severally for each and every such violation and noncompliance respectively, be guilty of a "misdemeanor, pun- ishable .by .a fine of .not less than twenty-five dollars , nor more than six hundred dollars , or by imprisonment for not less than two days nor more than three hundred sixty-five days , or both such .fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation 519 17 . 56. 340 or ,permit it to continue; and all such persons- shall 'be re- quired to correct or remedy such violations or defects with- in a reasonable time ; and when not otherwise specified, each ten days .that prohibited conditions are maintained shall constitute a .separate offense. (B) The application of the above penalty shall not be held to prevent the enforced removal of prohibited condi- tions. (Ord. 1900 (part) , 1974: Ord. 1414 (part) , 1968) . 520 Title 18 (RESERVED) 521 CROSS REFERENCE TABLE Tlyis -table provides users with the legislative history and current disposition of various sections in this code. Thus, prior code Section 1222 currently appears in this code as Section 2 .16. 010 9 523 Huntington Beach. Prior Code. .Cross Reference Prior code Herein: Prior code Herein: section: section: 0011 1. 04 . 010 1211-- 0012.. 1 . 04 . 020 1211. 3 Repealed by 1935 0013 1. 04. 040 1212- 0021 1 .04 .050 1212 . 4 Repealed by 1935 0022 1. 04. 060 .1213 Repealed by 1935 0023 1 .04. 070 1221 Repealed by 1935 0024 1 . 04 .080 1222 2 . 1.6 .010 0025 1 . 04. 090 1222 .1 2 .16 . 020 0031 1. 04 .120 1222 . 2 2 . 16. 030 0032 1. 04 .130 1222 . 3 Repealed. by 1432 0033 1 .04 .140 1222 .4 2 .16 .040 0034 1 .04 .150 1222 . 5 2 .16. 050 0035 1 . 04 .160 1222 . 6 2 ..16. 070 0036 1 . 04. 030 1241 Repealed by 1935 0037 1 . 04 .030 1242. 2 . 20 .050 0038„ 1 . 04 . 030 1243 2 . 20 .020 0039 1 . 04 .110 1244 2 . 20 .030 0040 1 .04 .030 1245 Repealed by 1935 0040 .1 1 .16 .070 1246 2 . 20 . 040 0041 .1 . 16 .010 1252 2 . 24 . 060 0042 1 . 16 . 020 1253 2 . 24 . 010 0043 1 . 16 .030 1253 .1 2 . 24 . 020 0044 1. 16 .040 1253.2 2.. 24 . 040 0045 1 .16 .050 1253. 3 Repealed by 1935 0046 1 . 16 .060 1253. 5 2 . 24 .030 0047-- 1253 . 6 2 . 24 . 050 0047. 8 Not codified 1254 2. 96. 010 0051 1. 20 . 010 2 .96 . 070 0052 1 . 20 .020 1261 2 . 08 . 010 0053 1 . 04.100 1262 2 . 08..0.20 , 1011 1 .08.010 2 .08 . 030 1021 1,12 .010 1263 2 .08 .040 1022 .1. 12.020 1264 2 . 08. 050 1111 2. 28.010 1265 2 .08. 060 1200 2 .04.030 1265.1 2 .08. 070 1201 2 . 04 .040 1265. 2 2 .08. 080 1201. 1 2. 04.010 1265.3 2 .08. 090 1201 . 2 2 . 04. 020 1265.4 2 .08. 100 1201. 3 " 2 .04.050 , 1266 2 08 .110 2 . 04 . 060 1267 2 . 08. 120 1201. 4 2 . 04 . 070 , 1268 2 .08. 130 2 . 04. 080 1269 2 . 08. 140 1215 2 .04 . 090 1311 2. 52.010 1202 Not codified 1311 .1 2 . 52. 020 1311 .2 2 . 52. 030 525 Prior code Herein: Prior code Herein: section : section: 1312 2 . 52 .040 1375 . 3 3 .02 . 180 1312. 1 2 . 52 .050 1376 3. 02.190 1313 2 . 52 .060 1377 3. 02. 200 1314 2 . 52 .070 1378 2 .36 .030 1314 . 1 2 . 52. 080 1379 2 . 36 . 040 1315 . 2 . 52. 090 1381 2 . 56 .010 1315. 1 2 . 52.100 1382 2 . 56 .020 1315. 2 2 . 52.110 1383 2 . 56 .030 1315. 3 2 . 52 .120 1391 2 .44 .010 1315. 4 2 . 52. 140 1392 2 .44 . 020 1315. 5 2 . 52. 130 1393 2 . 44 . 030 1320 2. 40. 010 1394 2.44 . 0.50 1321 2 . 40 .020 1395 2 .44 . 040 1322 2 . 40 .030 1411-- 1323 2 . 40 .040 1411 .1 Repealed by 1935 1331 2 . 68 . 010 1412 2 . 20 .'010 1331 . 1 . 2 . 68 . 020 1412 .1 2 . 20 .060 1332 2 . 68 .050 1413-- 1333 2 . 68. 060 1413 .2 Not codified. 1334 2 . 68 .030 1414 .1 2. 68. 040 1340 2 . 32 . 010 1415 2 .40 . 050 1341 2 . 32 . 020 1421 (a) 2 .12 . 010 1342 2 . 32 . 040 1421 (b) 2.16 . 060 1343 2 . 32 . 030 1621 3.04. 010 1361 2 . 48. 010 1622 3.04.020 1362 2 . 48 .020 1623 3 .04. 030 1363 2 .48. 030 1624 3. 04 . 030 1364 2 .48.050 1625 3 .04. 030 . 1365 2 .48 .040 1626 3.04 .040 1371 2 . 36 . 010 1627 3 .04 .050 1372 2 . 36 .020 1631 3.08.010 1373 3 . 02 .010 1631 .1 3. 08. 020 1373 .1 3 .02 .020 1631. 2 3.08.030 1373. 2 3 .02 .030 1631.3 3 .08. 040 1373 . 3 3 . 02 . 040 1631 .4 3 .08. 050 1374 . 3 .02 . 050 1631 . 5 3 .08 . 060 1374 . 1 3.02 . 060 1631. 6 3. 68. 070 1374 . 2 3. 02 . 070 1641 3. 12 . 010 1374 . 3 3 .02 .080 1641 .1 3 . 12 . 020 1374 . 4 3. 02 . 090 1641 . 2 3.12.030 1374 . 5 3 . 02 .100 1711 3. 16 . 010 1374 . 6 3 .02 .110 1712 3.16. 020 1374 . 7 3. 02 . 120 1721 3. 24. 010 1374 . 8 3 .02. 130 1722.1 3 .24 . 030 1374 .9 3.02 . 140 1722. 2 3 . 24 . 040 1375 3 .02 .150 1722 . 3 3. 24 .050 1375. 1 3. 02 .160 1722.4 3.24 .060 . 1375 . 2 3 . 02 .170 1723 . 3. 24 .070 u 526 Prior code Herein: Prior code Herein: section section 1723. 1 3 . 2.4 .080 1767 (a) 3.36 .130 1724 3 . 24..090 1767 (b) . 3. 36.140. 1725 3 . 24 .100 1767 (c) . 3 .36 .150 1725. 1 3 . 24 . 110 1767 .1 3 . 36. 160 1726 3 . 24 .120 1767. 2 (4) 3. 36 .170 1727 3 . 24 .130 1767 .2 (b) 3. 36.180 172.8 3 . 24 .140 . 1767 . 2 (c) 3 . 36 .190 1729 3. 24 .150 1767. 2 (d) 3 .36. 200 17311 - 1767. 3 3 . 36 . 210 1736 Not codified 1767.4 3 . 36. 220 1741 3 . 32 .010 1767 . 5 (a) 3. 36 :230 1742 3 . 32 . 020 1767. 5 (b) 3. 36 ..240 1742 . 1 3 . 32 .030 1767 . 6 3. 36. 250 1742 . 2 3 . 32 . 040. 1767. 7 3. 36. 260 1742 . 3 3. 32 . 050 1768 3 . 36 . 270 1742 . 3. 1 3. 32 . 050 1769 Not codified . 1742. 3 . 2 3 . 32 .060 1811 2. 72 . 010 . 1743 3 . 32 .070 1812 2. 72 .020 1744 3 . 32 .080 1813 2 . 72 .030 1745 , 3 . 32 .090 1814 2. 72 .040 1746 3. 32 .100 1821 2 . 27. 050 1747 3 . 32 .110 1821 .1 2 . 72. 060 1747. 1 3 . 32 . 120 1821 .2 2 . 72 . 070 1748 3 . 32.130 1822 2 .72 .080 1749 Not codified 1831 2 . 76 . 010 1750 3 .20 .010 1832 2 . 72 . 090 1751 3 . 20 . 020 1833 2 . 72 .100 1751. 1 3. 26 030 1841 2 . 76 . 020 1752 3 . 20 .040. 1841 .1 2 . 76. 030 1753 3 . 20 . 050 1841 . 2 .1 2 .76 . 040 1754 3 . 20 .060 1841 . 2 .1 2 . 76. 040 1755 3 . 20 .070 1841 . 2 . 2 2 . 76.050 1756 3 . 20 .080 1841 . 2.3 2 . 76. 060 1757 3 . 20 . 090 1841 . 3 2 . 76 .070 1758 3 . 20 .100 1841 .4 2 . 76. 080 1759 Not codified 1841 . 5 2 . 76 . 090 1760 3 . 36 .010 1851 Not codified 1761 (a) 3 . 36 .020 2111 .1 5. 04. 020 1761 (b) 3. 36.030 2111 . 2 5 .04 . 030 1761 (c) 3. 36 .040 2111 . 3 5.04 . 040 1762 (a) 3. 36 .050 2111 .4 5.04 . 050 1762 (b) . 3. 36 . 060 2111 . 5 5 .40 . 060 1763 (a) 3. 36. 070 2111 . 6 5.04 . 070 1763 (b) 3. 36 . 080 2111 . 6 .1 5 .04 . 080 1764 (a) 3 . 36 .090 2111 .7 5 .04 . 090 1764 (b) 3. 36 .100 2111 .8 5 .04 . 010 1765 3 . 36 .110. 2112 5. 08. 010-- 1766 3 . 36 .120 5. 08. 030 2112. 1 5 .08 . 040- 5 . 08 . 080 . 527 Prior code Herein: Prior code Herein: section : section: 2112 . 2 . 2 5 .08.110 2114 . 2 .15 5 . 16. 190 2112 . 2. 3 5 .08 .120 2114. 2. 15. 1 5 .16. 200 2112. 2 . 4 5 .08 .130 2114 . 2.16 5 .16 . 210 2112. 3 5.08.140 2114. 2. 17 5 . 16. 220 2112. 4 5 . 08.150 2114. 2. 18 5. 16. 230 2112. 4 . 1 5 .08.1160 2114 . 2 .19 5 . 16 . 240 2112. 4 . 2 5 . 08 .170 2114 . 2 . 20 5 .16. 250 2112. 5 5. 08 .180 2114 . 2. 21 5 .16 . 260 2112 . 5 .1 5 .08.190, 2114 .2 .22 5. 16 . 270 5.08. 200 2114 . 2 . 23 5.16 . 280 2112. 5 . 2 5 .08. 210 2114 . 2 . 24 5.16 . 290 2112. 5. 3 5 .08. 220 2114 . 2 . 25 5. 16 . 300 2112 . 5. 4 5 .08. 230 2114 .2 . 26 5 .16 . 310 2112. 5. 5 5 .08. 240 2114 . 2. 27 5.16 . 320 2112. 5. 6 5. 08. 250 2114 .2. 28 5 .16 . 336 2112 . 6 5 .10 .010-- 2114 . 2 .29 5 . 16 . 340 , 5.10 .030 5.16 . 350 2112 . 7 (a) 5 .10 .040 2114 . 2. 30 5.16 . 360 2112 . 7 (b) 5.10 .050 2114 .2 . 31 5.16. 370 2112 . 7 (c) 5.10 . 060 2114 . 2 . 32 5 .16. 380 2112. 7 (d) 5.10 .070 2114 .2. 33 5 .16.390 2112. 8 5. 10 . 080 2114 . 2. 34 5 .16. 400 2112. 8. 1 5. 10 .090 2114 .2 . 35 5.16 .410 2112 .8 . 2 Not codified 2114 . 2 .36 5. 16 .420 - 2112 .8 . 3 5 .08. 260 2114 . 2. 37 5 .16.430 2112 . 8.4 5.10 .100 2114 . 3 Repealed by 193.5 2112. 9 Not codified 2150 5. 32.010 2113 5 .12.010 2150 .1 5 . 32 . 020 2113. 1 5 .12 .020 2151 5 . 32 . 030 2113. 2 5.12 .030 2151 .1 5. 32 .040 2113. 3 5 .12 .040-- 2151. 3 5 . 32 . 050 5 .12 .060 2151. 5 5 . 32 .060 2114 5 .16.020 , 2152 5. 32 .070 5.16 . 030 2153 5. 32 .080 2114 . 1 5 . 16 .040 2153 . 1 5. 32 . 090 2114 . 2 5 . 16 .050 2153. 3 5. 32 .100 2114 . 2.1 5 .16 .060 2154 5. 32 . 110 2114 . 2 . 2 5 .16 .070 2154 .1 5. 32 . 120 2114 . 2 . 3 5 .16 . 080 2154 . 3 5. 32 .130 2114 . 2.4 5 .16 .090 2155 5.32 .140 2114 . 2 . 5 5 .16 .100 2155. 1 Not codified 2114 . 2 . 6 5 .16 .110 2156 Not codified 2114 . 2. 7 5 .16 .120 2211 5. 20 . 010 2114 . 2 . 8 5 .16 .130 2211 .1 5. 20 . 020 2114 . 2 . 10 5 .16.140 2211 . 2 5. 20. 03.0 2114 . 2. 11 5 .16 .150 2211 . 2 .1 5 . 20 . 040 2114 . 2. 12 5 .16 .160 2211 . 2 . 2 5 . 20. 050 2114 . 2. 13 5 .16 .170 2211 . 3 5. 20 . 060 2114 . 2. 14 5 .16 .180 528 Prior code Herein: Prior code Herein: section: section: 2211. 3. 1 5. 20 ..070 2301 (14) 15. 08 .150 2211. 3. 2 5 ..20. 080 2301(15) 15 . 08. 160. 2211. 4 5. 20. 090 2301 (16) 15.08 .170 2211.4. 1 5. 20 .100 2301 (17) 15.08.180 2211. 5 5. 20 .110 2301 (18) 15 .08.190 2211. 6 5. 20 .120 2301 (19) 15. 08..200 2211.'7 5. 20. 130 2301 (20) 15. 08 . 210 2211. 8 5. 20 .140 2301 (21) 15.08. 220 2211. 9 51.20 .150 . 2301 (22) 15.08.230 2221 5.40 . 010 2301 (23) 15. 08, 240 2222 5. 40 . 020 2301 (24) 15 .08 . 250 2222.1 .5. 40. 030 2301 (25)' 15.08.260 2222. 2 5. 40. 040 2301 (26) 15. 08. 270 2223 5.40.050 , 2301 (27)' 15.08. 280 5. 40. 060 2301 (28) 15. 06. 290 2224 5. 40. 070 2301 (29) 15.08. 300 2224. 1 5. 40.080 , 2301 (30) 15.08. 310 5. 40. 090 2301 (31). 15.08 .320 2225 5. 40. 100 , 2301 ( 32) 15 . 08 . 330 5. 40.110 2301 (33) 15.08. 340 2226 5. 40. 120 2301 (34) 15.08. 350 2226. 1 (a) , 2301 (35) 15.08 . 360 (b) 5.40 .130 2301( 36) 15: 08 . 370 2226. 1 (.c) 5. 40.140 2301 (37) 15. 08. 380 2226.1 (d) 5. 40 .150 2301 (38) 15.08 . 390 2226.1 (e) 5. 40. 160 2301 (39) 15. 08.400 2226. 2 5. 40. 170 2301(40) 15. 08.410 2227 5. 40 .180 2301 (41) 15. 08 .420 2227.1 5. 40.190 2301 (42) 15. 08.430 2228 5. 40. 200 2301 (43) 15.08.440 2229 5. 40. 210 2301 (44) 15.08.450 2229. 1 5. 40. 220 2301 (45) 15.08 .460 2300 15.04.010 2301 (46) 15. 08. 470 2300. 1 15. 04 .020 2301 (47) 15. 08.480 2300 .2 15.04.030 2301 (48) 15 .08 .490 2301 15. 08. 010 2301 (49) 15. 08. 500 2301(1) 15. 08.020 2301 ( 50) 15.08 . 510 2301 (2) 15. 08.030 2301 (51) . 15. 08. 520 2301( 3) 15.08.040 2301 (52) 15. 08:530 2301(4) 15. 08 . 050 2301 (53) 15.08. 540 2301 (5) 15. 08.060 2301 (54) 15. 08. 550 2301(6) 15.08. 070 2301 (55) 15.08 . 560 2301(7) 15. 08.080 .2302 15. 04 . 040 2301 ( 8) 15. 08.090 2303 15. 04 .650 2301 (9) 15. 08.100 2304 15. 04:060 2301(10) 15.08. 110 2306 15.04. 070 2301(11) 15. 08.120 2307 15.04.080 2301(12) 15.08. 130 2308 15. 04. 09.0 \ 2301(13) 15. 08.140 529 Prior code Herein : Prior code Herein: section: section: 2309 Not codified 2337. 3 15.20 . 200-- 2309 . 1 15. 04 .100 15. 20 .220 2309 . 2 15. 04 . 110 2337. 4 15.20 . 230 2311 15. 12 .010 2338 15.20. 240 2311 .1 15. 12.020 2338. 1 15.20 . 250 2311 . 2 15. 12 .030 2339 15. 20 . 260 , 2311 . 3 15. 12.04.0 15. 20 . 270 2311 . 4 15.12 .050 2339. 1 15.20. 280 2311 . 5 15. 12. 060 2339. 2 15. 20 . 290 2311 .6 15.12. 070 2339. 3 15 .20. 300 2311 . 7 15. 12. 0807- 2339.4 15. 20 . 310 15. 12 .110 2339 . 5 15. 20 . 320 2311. 8 15. 12. 120 2339. 6 15. 20 . 330 2312.1 15. 12.130 2340 15.24 .010 2312 . 2 15. 12. 140 2340.1 15. 24 . 020 2313 15. 12.150 2340 .2 15. 24 . 030 .2314 15. 12.160 2340. 3 15. 24 .040 2315 15. 12 .170 2341 15. 24 . 050 2316 15.12. 180 2342 15. 24 .060 2317 15. 12. 190 2343 15. 24 :070 2318 15.12. 200 2344 15. 24 ."080 2319 15. 12 .210 2344 . 1 15. 24 . 090. 2321 15.16. 010 2344 .2 15. 24 .100 2321.1 15. 16. 020 2344 . 3 15.24 .110 2322 15. 16. 030 2345 15. 24 .120 2323 15. 16.040 2346 15 .24 .130 2324 15. 16. 050 2347 15. 24 .140 2325 15. 16.060 2348 15. 24 .150 2326 15. 16 .070 2349 15. 24 .160 2327 15. 16.080 2351 15 .28.010 , 2328 15. 16.090 15. 28.0.20 2331 15. 20. 010 2352 15.28:030 2331.1 . 15. 20 .020-- 2352.1 15. 28. 040 15. 20. 040 2353 15. 28 . 050 2331 .2 15. 20 .050 2354 15. 28. 060 2332 15. 20. 060 2355 15. 28.070 2333 15. 20.070 , 2356 15. 28.080 15. 20.080 2361 15. 32 .Q10 2334 15. 20. 090-- 2362 15 . 32 .020 15. 20. 110 2362 . 1 15. 32 .030 2335 15. 20 .120 2362 .2 15. 32. 040 2336 (1) 15. 20.130 2363 15. 32 .050-- 2336 (2) 15. 20.140 15. 32 .080 2336 (3) 15. 20. 150 2364 15. 32 . 090 , 2336 (4) 15. 20.160 15. 32 .100 2337 15. 20 .170 2371 15. 36.010 , 2337. 1 15. 20.180 15 . 36.020 2337. 2 15. 20. 190 2371 .1 15.36 .030 530 Prior code_ Herein: Prior code Herein: section : section: 237.1.2 15. 36. 040 2454 5.28. 220 2371. 3 . 15 36.050 2511 Not codified 2371. 4 15.36. 060 2521-- 2371. 5 15. 36 .070 2525 Not codified 2371 .6 15. 36 .080 . 2531-- 2371. 7 . 15. 36. 090 2532 Not codified 2371.8 15. 36. 100 2541-- .2372 15. 36.110 2546 Not codified 2379 Not codified 2551-- 2391 15.40.010 2556 Not codified 2392 15.40 .020 2561--- 2393 15. 40 .030 2562 Not codified 2394 15.40. 040 2611 5. 36. 0'30 2395 15. 40. 050 2611 .1 5.. 36.040 2396 15. 40 .060 2612 5. 36.010 2397 15. 40.070 2613 5 . 36. 010 2398 15. 40.080 2614 5. 36. 020 2399 15. 40 .090 2615 Not codified 2399 .1 15. 40. 100 2621 5. 36. 050 2399 . 2 15. 40,110 2622 5. 36. 070 2399 . 3 15. 40 .120 2631 5. 36.080 2399 . 4 15. 40. 130 2632 5. 36.090 2399 . 5 15. 40 .140 2641 5. 36 .100 2399. 6 Not codified 2642 5. 36.110 2399 . 7 Not codified 2651 5. 36.120 2399 . 8 15. 40. 150 2652 5. 36 .130 2411 5. 28. 140 2661 5. 36.140 2412 5. 28.150 2661.1 5. 36.150 2413 5. 28.160 2661. 2 5. 36 .160 2414 5. 28.170 2661. 3 5 :36 .170 2415 5. 28. 180 2661. 4 5. 36.180 2421 5. 28.020 2661. 5 5. 36 . 190 2422 5. 28 . 030 : 2661. 6 5. 36 .200. 2423 5. 28 .040 2661. 7' 5. 36. 210 2431 5. 28.100' 2661. 8 5. 36.220. 2432 5. 28:110 2662 .5. 36 . 230 2433 5. 28.120 2662. 1 5. 36 . 240 2434 5. 28: 130 2662 . 2 5. 36 . 250 2441 5.28. 050 2662 . 3 5. 36 .260 2442 5. 28060 2662 . 4 5. 36. 270 2443 • 5. 28:070 2662 . 5 5. 36 . 280 2444 5. 28.080 2663. 6 5. 36 . 290 2445 5. 28.090 2662 . 7 Not codified 2446 Repealed by 1935 2711 5. 24 .010 2447 5. 28.010 2712 5.24 .020 2451 5. 28.190 2713 5. 24 .030 2452 5. 28 . 200 2721 5. 24 . 040 2453 5. 28.210 2721.1 5,24 . 050 531 Prior code Herein : -Prior code Herein: section: section: 2721 . 2 5. 24. 060 3111 .14 . 7 8. 20. 230 2721. 3 5.24 . 070 3111. 14. 8 8 . 20 . 240 2722 . 5. 24. 080. 3111 .14.9 8. 20 . 250 2723 5. 24 . 090 3111. 15 8. 20 . 260 2731 5. 24 .100 3120 8.12.010 2732 5. 24 .110 3121 8.12.020 .2733 5. 24 . 120 3122 8.12.030 2734 5. 24 .130 3122.1 8.12.040 2735 5. 24 .140 3123 8.12. 050 2811 5. 44 . 010 3124 8. 12. 060 , 2812 5. 44.010 .8 .12 .070 2813 5. 44. 020 3125 8..12 . 080 2814 5. 44 . 020 3126 8.12 . 090 2821 5. 44 .030 3127 8.12 .100 2822 5. 44 .040 3128 8. 12.110 2823 5. 44 .050. 3128. 1 8. 12 .120 2823.1 5. 44.060 3129 Not codified 2823. 2 . 5. 44 . 070 3131 8. 24 . 010 2824 5. 44. 080 3132 8.24 .020 2831 5.44 .090 3133 8. 24 . 030 2831.1 5. 44 . 100 3134 .1 8. 24 . 040 2832 5.44 . 110 3134. 2 8. 24 .050 2833 Not codified 3134 . 3. 8 .24 .060 2910-- 3134 .4 8. 24 .060 2982 Repealed by 3134 .5 8.24 .070 1935 3134 .6 8 .24 .080 3110 8. 20. 010 3134 . 7 8.24 .090 3111 8. 20 . 020 3134 .8 8. 24 .100 3111. 1 8. 20.030 3134 .9 8. 24 . 110 3111 . 2 8. 20. 040 3141 14 . 28.010 3111 . 3 8. 20 .050 3142 14 . 28.020 3111. 4 8. 20.060 3142. 1 14 . 28 .030 3111. 5 8. 20 .070 3142. 2 14 . 28 .040 3111. 6 8. 20. 080 3142. 3 14 . 28.050 3111 .7 8. 20 . 090 3142 .4 14 . 28.060 3111. 8 8. 20 . 100 3142. 5 14 . 28.070 3111 . 9 8. 20 .110 3142 .6 14 .28.080 3111 . 10 8 . 20. 120 3143 14 . 28 .090 3111 . 11 8. 20 .130 3144 14 . 28.100 3111 .12 8. 20. 140 3144 .1 14 . 28 .110 3111 . 13 8. 20 .1*50 3145 14 . 28.120 3111 .14 8. 20. 160 3145.1 14 . 28 .130 3111.14.1 8. 20 .170 3145. 2 14 . 28. 140 3111 .14 .2 8 . 20. 180 3146 14 . 28.150 3111 . 14 . 3 8. 20 .190 3147 14 . 28.160 3111 . 14 .4 8. 20. 200 3147. 2 14 . 28.170 3111 .14 . 5 8. 20 .210 3147. 3 14 . 28. 186 3111. 14 . 6 . 8. 20. 220 3148 14 . 28 .190 532 Prior code Herein: Prior code Herein: sections section: 3148.1 14 . 28. 200 3314- 3148. 2 14 . 28. 210 3314 .18 8.04 .090 3148 . 3 14. 28. 220 3315 8. 04 .100 3148. 4 14 . 28. 230 3316 8. 04. 110 3148. 5 14 . 28. 240 3316 .1 8.04 .120 3148. 6 .14 . 28. 250 3316..2 8. 04 . 1301 . 3149 . 14 . 28. 260 8.04 .140 3149.1 14 . 28. 270 3316. 3 8.04.150 3149. 2 _ 14 . 28. 280 3316. 4 8.04. 160 3149. 3 14 . 28. 290 3317 8. 04.170 3149. 4 '14 .28. 300 3318 _ 8. 04. 180 3150 .1 14 .24.010 3319 Not codified 3150 .2 14. 24. 020 . 3321 8.. 08.010 3150 . 3 14 . 24 .030 3322 8. 08. 020 3150. 4 14 .24 . 040 3411 14 .04. 010 3150. 5 14 . 24 .0-50 3412 . 14 .04 .020 3150. 6 14 .24 .060 3412.1 Repealed by 1935 3150. 7 14 . 24. 070 , 3413 14 .04.030 14 . 24.080 3414 14 . 04 . 040 3150. 8 14 . 24 .090 3421 14 . 08 . 010 3150. 9 14 . 24. 100 34'22 14 . 08 . 020 3150. 10 14 . 24 .110 3423 14 . 08. 030 3150 .11 14 . 24 .120 3424 14 .08 . 040 3150.12 14 . 24 .130 3425 14 .08.050 3150.13 14. 24 . 140 3426 14 .08. 060 3150.14 14. 24.150 3431 14 .12. 010 3150: 15 14 . 24 .160 3431.1 14 .12 .020 3150.16 14 .24.170 3431.2 14 .12. 030 3150.17 14. 24.180 3432 14 ..12. 040 3150.18 14 . 24.190 3432. 1 14 .12.050 3150.19 14 . 24 . 200 3532 . 2 14 .12. 060 3150. 20 14 . 24. 210 3532..3 .14 .12.070. 3150. 21 14 . 24 .220 3532 . 4 14 .12. 080 3150. 22 14 . 24 . 230 3433 14.12 . 090 3150. 23 14 . 24 . 240 3434 14 .12.100 3150. 24 Not codified 3435 14 . 12.110 3150. 25 Not codified 3435. 1 14 .12 .120 3311-- 3436 14 . 12 .130 3311.4 8 .04 .010 3437 14 .12.140 3312 8. 04 .020 3438 14 . 12.150 3312.1 8 .04 .020 3439 14 .12 .160 3312. 2 8. 04 .020 . 3439 . 1 14 .12.170 3312. 3 8.04 .030 3441 lt.16. 010 3312 .4 8 . 04.040 -3441.1 14`.16.020 3312. 5 8. 04 .050 3442 14 .16. 030 , 3312.6 8. 04 .060 14 .166040 3312.7 8 . 04 .070 3442. 1 14 .16.050 3313 8. 04 .080 3442. 2 14 ..16 . 060 533 Prior code . Herein : Prior code Herein: section: section: 3443 . 14 . 16 . 070 4023 9. 80 .030 3443.1 1.4 . 16. 080 4031 Repealed by 1935 3443 . 2 14 . 16. 090 4031. 1 9.44 .010 3444 14 .16. 100 , 4032 9. 44.020 14. 16 . 110 4033 Repealed by 1935 3444 . 1 14 . 16. 120 4034 9. 44 . 030 3444 .2 14 . 16. 130 4035 Repealed by 1935 3444 . 3 14. 16.140 4036 Repealed by 1935 3445 .14.16. 150 4041-- 3445.1 14 . 16 .160 4046 Repealed by 1935 3445.2 14.16. 170 4047 Not codified 344.6 14. 16 .180 4048 9 . 64 .010 3447 14.16.190 4048. 1 9. 64. 020 3451 14 .20. 010 4048. 2 9. 64 .030 3452 14 . 20 . 020 4048. 3 9. 64 .040 3452 .1 14 . 20 .030 4048.4 9. 64.050 3452 . 2 14.120 .040 4048 . 5 9. 64 .060 3453 14 . 20. 050 4048. 6 Not codified 3454 14 . 20 .060 4048. 7 Not codified 3455 14. 20. 070 4051 9.40 . 010 3511 14 . 32. 010 4051.1 9. 40 . 020 3512 14 . 32. 020 4052 9 .40 .030 3512 .1 Not codified 4061 9 . 54 .010 3513 14 . 32 .030 4071 9. 04 .010 3521 14 . 36.010 4072 Not codified 3522 14. 36. 020 4073 Not codified 3523 14 .36. 030* 4100 17. 56 .010 3531 14 . 40. 010 4100 .1 17. 56 .020 3532 14 .40. 020 4100. 2 17. 56 . 030 3533 14 .40.030 4101 17. 56 .040 3541 14 . 44. 010-- 4102 17. 56 . 050 14 . 44. 050 4103 17 . 56 . 060 3542 14 . 44 .060 4104 .1 17. 56 . 080 3543 14 . 44.070 4104 . 2 17. 56. 090 3544 14 .44 . 080 4104 . 3 17. 56 .100 3545 14 .44 .090 4104 . 4 17. 56 .110 3601 8. 56 . 010 4104 . 5 17. 56 .120 3602 8. 56.020 4104 . 6 17. 56. 130 3603 8. 56. 030 4104 . 7 17. 56 .140 3604 8. 56. 040-- 4104 . 8 17. 56 .150 8. 56. 060 4104 .9 17. 56 . 160 3605 8 . 56. 070 4104 . 10 17. 56. 170 3606 Not codified 4104 . 11 17 . 56. 180 4011 9. 76 .010 4104. 12 17 . 56 .190 4012 Not codified 4104 . 13 17. 56. 200 4013 Not codified 4104 . 14 17. 56 . 210 4021 9. 80. 010 4104 .15 17. 56 . 220 4022 9. 80. 020 4104. 16 17. 56 .230 534 v Prior code Herein: Prior code Herein section : section: 41.04.17 , 17. 56. 240 4237 7.12. 200 4104.18 17. 56 .250 4237. 1 7. 12. 210 4104.19 17. 56. 260 4237. 2 7. 12 . 220 4104-20 17. 5.6. 270 4237. 3 7.12. 230 : 4104. 21 17. 56. 280 4237. 4 7 .12. 240 4104. 22.. 17•. 56. 290 4237. 5. 7. 12. 250 4104.23 17. 56. 300 4237. 6 7.12. 260 4104.24 17. 56 .310 4238 7.12. 270 4105 17. 56. 320 4238 .1 7.12 . 280 4106 17. 56 .330 4238. 2 7.12 . 290 4107 17.56. 340• 4238. 3 7. 12 . 300 4108 Not codified 4339 7. 12.310 4211 7. 04 .0.10 4239. 1 7 .12. 320 4221 7. 08 . 010 4239 .2 7. 12. 330 4221. 1 7. 08. 010 4239 . 3 7. 12 . 340 . 4221. 2 : 7. 08.010 4239 . 4• 7. 12•. 350 4221. 3 ' 7. 08.020 4241 7. 20 . 0110 4221. 4 7 . 08.030 4242 7.20 .020. 4221 . 5 7. 08. 040 4242.1 7. 20. 030 4221. 6 7. 08. 050 4242. 2 7. 20 . 040 4221. 7 7. 08. 060 4242. 3 7. 20 . 050 4222 7. 08.070 4242. 4 7. 20 . 060 4223 7. 08. 080 4243 7. 20 . 070 4224 7. 08. 090 4243. 1 7. 20 . 0.80 4224 .1 . 7. 08. 100 4243. 2 .7. 20 . 090. 4224. 2 7. 08.110 4243. 3 7. 20 .1.00 4225 7. 08. 120 4243.4 7 . 20 .110 4225.1 7. 08. 130 4244 7.20 .120 4226 7. 08. 140 4250 7. 24 . 010 , _ 4231 7. 12. 010 7. 24 . 020 4231.1 7. 12 .020 4251 7. 24.030 4231.2 7. 12. 030 4251 .1 7. 24 .040 4.23.1. 3 7. 12. 040 4251. 2 7. 24.050 .4232 7. 12. 050 4251. 3 7 . 24 . 060 4232. 1 7. 12. 060 4251. 4 7. 24 .070 4232. 2 7. 12.070 4251.'5 7. 24 .080 4233 7. 12 . 080 4252 1. 24 . 090 4233. 1 7. 12. 090 4253 7. 24 .100 4233. 2 7. 12. 100 4254 7 .24 .110 4234 7. 12. 110 4255. 7. 24..120 4235 7 . 12 .120 4256 7 . 24 .130 4235.1 7. 12.130 4257 7. 24 .140 4236 7. 12. 140 4258 7 .24 .150 4236. 1 7 . 12. 150 4258.1 7.24 .160 4236. 2 7. 12 . 160 4259 7. 24 .170 4236. 3 7. 12 . 170 4261 7. 04. 02.0 4236. 4 7. 12. 180 4261 .1 7. 04.030 4236.. 5 7. 12. 190 4262 7.04.040 535 Prior code •Herein Prior code Herein: section : section: 4262. 1 7 .04 .050 5135 2 . 88 .090 4262. 2 7.04 .060 5142 2 . 88. 100 47263 7. 04. 070 5143 2 . 88.110 4263 .1 .7 . 04 .080 5144 2. 88.120 4264 7 .04 .090 5144 .1 2 . 88.120 4264 .1 7. 04 .100 5145 2 . 88. 130 4265 7. 04 .110 5146 2 . 88 .130 4266 7 .04 .120 5147 2 . 88 .140 4266 .1 7. 04.130 5148 . 2 .88. 150 4267 7. 04 .140 5149 2. 88.160 4268 7 . 04 .150 5151 2 .92. 010, 4269 7 .04.160 5152 2.92. 020 4269 .1 7 . 04.170 5153 2 .92. 030 4311 8 . 60 .010 5154 2 . 92. 040 4321-- 5155 2 .92. 050 4325 8. 60 .020 5156 2 .92.060 4331 8 . 60 .030 5157 2 .92. 070 4332 8 . 60 .040 5211 2. 60 . 010 4341 8 . 60 .050 5211.1 2 . 60 . 020 4342 8. 60 .060 5221 .1 2 . 60 . 080 4343 8 . 60 .070 5221.2 2 . 60 .090 4351 8 .60 .080 5221 .2 .1 2 . 60. 070 4352 8 . 60. 090 5221 . 2 . 2 2 . 60. 110 4353 8. 60 .100 5221 . 2 . 3 2. 60 . 100 - 4354 8. 60 .110 5231 2. 60 .030 4355 8 . 60.120 5231.1 2 . 60. 040 436.1 8 . 60 .130 5231 .1 .1 2 . 60 . 050 4362 8. 60 .140 5231 .1 . 2 2 . 60. 060 4371 8. 60 .150 5241 2 . 64 .010 4381 8 . 60 .160 5241 .1 2. 64 . 020 4391 8 .60.170 5241 .1 .1 2 . 64. 030 4392 Not codified 5241 .1 . 2 2 . 64 . 040 5011 2 . 80 . 010 5241 .1 . 3 2 . 64. 050 5012 2 .80 .020 5241 .1 .4 2 . 64 . 060 5111 2 . 84 . 010 5241 .1 . 5 2 . 64 . 070 . 5112 2 . 84 . 020 5241. 1 . 6 2 . 64 .080 5113 2 .84 . 030 5241,.1 . 7 2 . 64. 090 5114 2 . 84 .040 5242 2. 64 .110 5115 2 . 84 . 050 5242 .1 2. 64 .140 5116 2 . 84 .060 5242 .1 . 1 2 . 64 .100 5121 2 . 88. 010 5242 .1 . 2 2 . 64 .120 5122 2 . 88. 020 5242 .1 . 3 2 . 64 .130 5123 2 .88 . 030 5311 9 . 24 . 020 5124 2 . 88 .040 5312 9 .24 . 030 5131 2 . 88. 050 5313 9 . 24 . 040 5132 2 . 88 . 060 5314 9 . 24 . 010 5133 2 . 88 .070 5315 9 . 24 .150 5134 2 . 88 .080 5315 .1 9 . 24 . 060 536 Prior code Herein: Prior code Herein: section section: 5315. 2 . 9 . 24*.070 5412 .1 9 . 68 . 030 5315, 3 9 . 24 .080 5413 9 ..68 . 040 5315.. 4 9 . 24 .090 5414 9 .68 .050 .5315. 5 9 . 24 .100 5415 9 . 68. 060. 5315. 6 .9 . 24 .110 5416 9 . 68 . 070 5.315. 7 9 . 24 . 120 5417 9 . 68 .080 . 5315.8 9 . 24 . 130 5418 9 .68 . 090 53.15.9 9 . 24 .140 5511 8. 16. 010 5316 Not codified 5512 8..16. 020 53.1.7 Not codified 5513 8.16 . 030 53.21 9 . 28.010 5513.1 8. 16. 040. 53.22 9 . 28.020 5514 8. 16. 050 . 5323 9 .28 :030, 5515-- ` 9 . 28 . 040 5517 Not codified 5324 9. . 28 . 050 5521 8 .28. 010 5325 9 .28.060, 553-1 8 ..52. 010 9 . 28. 070 5531 .1 Not codified 53.26 9 . 28 . 0801, 5540 ' 8.40 . 010 91 . 28.090 5541 8.40 . 020 532.7 9 . 28 .100 5542 Not codified 5328 9 . 28 .110 5551 8. 3.2 .010 5329 Not codified 5552 • 8.32 . 020 5331 9 . 32 .010 5553 8. 32 . 030 5332 9 . 32.020 5.560 8 .48. 010 5333 9 . 32 . 030 5560 .1- 5334 9 . 32 .040 55.60. 5 8. 48 .020 5334. 1 91 . 32 . 050 5561 8 . 48 . 030 5334 . 2 9 . 32 .060 8. 48. 040 5334 .3 9 . 32 .070 5562 8.48 . 050 5334 . 4. 9 . 32 .080 5563 8.48 .060 5334 . 5 9 . 32 .090 5563 .1 8 . 48. 070 5334 . 6 9 . 32 . 100 5563 . 2 8 .48.. 080 5335 9 32 .110 5564 8 .48 . 090 5335. 1 9 . 32 .120 5564.1 8 .48 .100 5336 Not codified 5564 . 2 8 .48 .110 5341 9 . 60 .010 5564 . 3 8.48 . 120 5342 9 .60 .020 5564 . 4 8.48.130 5343 Not codified 5564 . 5 8 . 48 .140 5350 9 . 36. 010 5565 8. 48. 150 5351 9 . 36 . 020 5565.1 8. 48 .160 5352 9 . 36 .030 5565 .2 8 .48.170 5353 9 . 36. 040 5566 8. 48.180 5354 9 . 36 .050 5566 .1 8.48 .190 5355 9 . 36 . 060 5567 Not codified 5356 Not codified 5570 8 .44 .010 5357 Not codified 5571 8 . 44 . 020 5411 9 . 68.010 5572 8. 44 . 030 5412 9 . 68 .020 5573 8.44 . 040 537 i Prior code Herein: Prior code Herein: section: section: 5574 8 .44 .050 6031 (a) 10 . 16 .010 5575 8 .44 .060 6031 (b) 10 . 16. 020 5575.1 8 . 44 . 070 6031 (c) 10 . 16. 030 5576 8. 44 . 080 6031.1 10 .16. 040 5577 Not codified 6031 . 2 10. 16 . 050 5580 8 . 36 .010 6031.3 (a) 10 .16 . 060 5581 8. 36 .020 6031 . 3 (b) 10 . 16 . 070 5582 8 . 36 .030 6031. 3 (c) . 10 .16 . 080 5582.1 8. 36. 040 6031 .4 10 .16 . 090 5583 8 . 36..050 6031 . 5 10 . 16 .100 5584 8 . 36 .060 6031 . 6 10 .16.110 5584 . 1 8 . 36 . 070 6031 .7 10 .16 .120 5585 8 . 36 .080 6031 .8 10 .16.1.30_ 5585. 1 8. 36. 090 6041 10.16 ._140 5585. 2 8 . 36 .100 6041 .1 10..16.150 5586 .8 . 36 .110 6041 . 2 10. 16 .160 5587 8. 36. 120 6051" 10 . 72 . 010 5588 Not codified 6051. 1 10 . 72.020 6011 10 .04 .010 6051 . 2 10. 72 . 030 6011 .1 10 .04 .020 6051 .3 10 .72 . 040 6011. 2 10 .04 .030 6051.4 10 . 72 . 050 6011. 3 10 .04 .040 6051 . 5 10. 72 . 060 6011 .4 10 .04.050 6051 . 6 10.72. 070 6011. 5 10 .04 .060 6061 10.80 . 010 6011 . 6 10 .04.070 6061.1" 10 . 80. 020 6011 . 7 10 .04.080 6071 10 .76 ..010 6011. 8 10 .04.100 6071 .1 10 . 76 . 020 6011.9 10 .04 .090 6080 9 . 56. 010 6011 .10 10 .04 .110 6081 9 . 56. 020 6011 . 11 10 .04 . 120 6082 9 . 56. 030 6011.12 10 .04 .130 6083 9 . 56. 040 6011. 13 10 .04 .140 6084 Not codified 6011 .14 10 .04 .150 6085 Not codified 6021 10 .08 .010 6111 10 . 20 . 010 6021. 1 10 .08..020 6112 10 . 20 . 020 6021. 2 10 .08.030 6113 10 .20..030 6021. 3 10 .08 .040 ' 6114 10 . 20 . 040 6021. 4 10 .08. 050 6115 10 . 20 . 050 6021. 5 10 .08 . 060 6121 10 . 24 . 010 6021 . 6 (a) 10 .08 .070 6122 10 . 24 . 020 6021. 6 (b) 10 .08 . 080 6122 .1 . 10 . 24 . 030 6021. 6 (c) 10 .08.090 6123 10 . 24 . 640 6021 . 7 (a) 10 .08 .100 6131 10. 28.610 6021 .7 (b) 10 .08 .110 6132 10. 28 . 050 6021 . 7 (c) 10 .08 . 120 6132 .1 10 .28. 020 6021. 8 10 .08 .130 6132 . 3 10 . 28.030 6022 10 .08 .140 , 6133 10 . 28.040 10 .08 .150 538 Prior code Herein: Prior code Herein: section: section: 6134 .10 . 28 .050 6311 . 8, 10..40 . 100 6171 10 .12 .010 6311 .9. 10 .40 .110 6171 . 1- 6311.10 10. 40 .120 6171:. 2 Repealed by 6311.11 (a) 10 .40 . 130 1935 6311 .11 (b) 10 . 40. 140 6172 10 .12 .020 6311 .11 (c) 10 .40 .150 6173 10 .12 .030 6311 ,11 (d) 10 .40 .160 6174. 10 .12.040 6311. 12 10 . 40 . 170 6175 10 .12 .050 6311 .13 10 .40 .180 6176 10 .12 . 060 6311 .14 10 .40. 190 617.7 10 .12 .070 6311 .15 16.40 . 200 6180 . 1 . 10 . 32 .010 6312 10 .40,. 210. 6180.. 2 10 . 32 .020 631.3 10 .40 . 220 '6181-- 6314 10 .40 . 230 6181. 6 10 . 32 .030 6315 10 .40. 240 6182 10 . 32 .040 6316 10 .40 . 250 6182 . 1. 10 . 3.2.050 6317 10 .40.. 260 6183 10 . 32 . 060 6321 ' 10 .44 .010, 6184 10 . 32. 070 10 .44 . 020 6184 . 1 .10 . 32 .086 6322 10.44 . 030 6184 . 2 10. .32 . 090 6323 10 . 44 .040 6185 10 . 32 .130 6324 10 . 44 . 050 6186 10. . 32 .110 6325 10 .44 . 060. 6186. 1. 10 . 32 .140 6331 (a) 10 . 48.. 010 618.6 .2 10. . 32 .100 6331 (b) 10 . 48 . 020 6186 . 3 10 .32 .120 6331 (c) 10 .48 .030 6187 10 . 32 .150 6331 (d) 10 .48 . 040 6187. 1 10 . 32 .160 6332 10 .48. 050 6187. 2 10 .32 .170 6333 (a) 10 .48 . 060 6188 . 1 10 .32 .180 6333 (b) 10 .48 .070 6188 . 2 10 . 32 .190 6333 (c) 10 . 48. 080 • 6189 . 1 10 . 32 . 200 6333 .1 10 .48 .090 6189 .2 10 . 32 . 210 6333. 2 10 .48. 100 6189 . 3 10 . 32 . 220 6333 . 3 10 .48 .110 6189 . 4 10 . 32. 230 6334 10. 48. 120 6211 10 . 36 .010 '6335 10 .48.130 6212 10 . 36 . 0'20 6336 10 .48 .140 6213 . 10 . 36.030 6341 10 .52 . 010 6214 10 . 36. 040 6342 10 . 52. 020 6311 10 .40 .010 , 6500-- 10 .40 .020 6500 .6 10.. 56. 010 6311 . 1 10 .40 . 030 6501 10. 56 . 020 6311 . 2 10 .40 .040 6510 10 . 60 . 010 6311 . 3 10 . 40 . 050 6511 10 . 60 . 020 6311 .4 10 .40 .060 6512 10 . 60. 030 6311 . 5 10 .40 . 070 6513 10 . 60 . 040 6311 . 6 10 .40 .080 6521 . 10 . 64.010 6311 . 7 10 .40 .090 6522 10 . 64 . 020 539 Prior code Herein: Prior code Herein: section: section: 6522. 1 10. 64 . 030 6703. 1 Not codified 6523 10 . 64 . 040 6801-- 6523. 1 10. 64 .050 6801.4 5 .48 . 010 6523. 2 10 . 64 .060 6811 5.48 . 020 6524 10 .64 .070 6811 .1 5.48 . 030 6526 10 . 64 .080 6812 5. 48 . 040 6531 10 .68 .010 6813 5 .48 .050 6532 (A) 10 .68 .020 6814 5 .48 .060 6532 (B) 10 . 68.030 6815 5.48. 070 6532 (C) 10 .68 . 040 6816 5.48. 080 6533 10 .68 . 050 6817 5 .48 . 090 6534 10 . 68. 060 6821.1 5.48 .100 6535 10 . 68 . 070 6821 . 2 5. 48.110 6536 10 . 68 .080 6822 5. 48.120 6537 10 .68 .090 6823 5.48. 240 6538 Not codified 6830 5 . 48.130 6541 10 . 56 .070 6831 5 .48 .140 6541. 1 10 . 56. 080 6832 5. 48. 150 6541 . 2 10 .56 . 090 6833 5 . 48 .160 6542. 10 . 56. 100 6833.1 5 .48 .170 6542 . 1 10 . 56 .110 6834 5 .48 .180 6551 10 . 56 . 030 6835 . 5..48 .190 6552 . 10 .56. 040 6836 5.48. 200 6553 10 . 56. 050 6837 5.48 . 210 - 6554 10 . 56 .060 6838 5.48. 220 6611-- 6839 5 .48 . 230 6618 10 . 48. 150 6840 5 .48. 250 6621-- 6841 5.48 . 260 6624 Repealed by 1935 6842 5.48. 270 6700 10 .84 .010 6843 5.48 . 280 6701 10 .84 .020 6844 5.48.. 290 6701. 1 10 . 8.4 .030 6845 5.48 .300 6701. 2 10 .84 . 040 6846 5 .48. 310 6701. 3 10 .84 . 050 6847 5. 48 . 320 6701.4 10 .84 .060 6851 5. 48 ..330 6701. 5 10 . 84 .070 6852 5 .48. 340 6701. 6 10 .84 .080 6853 5.48 . 350 6701. 7 10 .84 .090 6854 5.48. 360 6701. 8 10 .84 .100 6855 8. 48 . 370 6701.9 10 .84 .110 6856 5. 48. 380 6702 : 10 .84 .120 6857 5 . 48 . 330. 6702..1 10 .84 .130 6861 5. 48.400 6702. 2 10 . 84 .140 6901 10. 88.420 6702. 3 10 .84 .150 6901 .1 10 .88.030 6702. 4 . 10 .84 .160 6901. 2 10.88 .040 6702. 5 10 .84 .170 6901. 3 10 .88 . 050 6702 . 5 (a) 10 .84 . 180 6911 10. 88. 060 6702 . 5 (b) 10 .84 . 190 6921 10 .88 . 070 6703 10 .84 . 200 6921 .1 10. 88 .080 540 Prior code Herein: Prior code Herein: section : section: . 6931 10 .88.090 7212 12.12 . 020 6941 10 .88.100 7213 . 12 . 12 . 030 69-51 10 .88 .110 7214 12 .1L O40 6961 10 .88 .120 7215 12. 12 .050 6971 10 .88 .010 7215 .1 12.12: 060 6981 10 .88.130 7215. 2 12.12. 070 . 6981 .1 Not codified 7216 12. 12. 080 7011 . 9 . 20 .010 . 7217 12.12 . 090 7021 9 . 52. 010 7217 .1 12.12 .100 7031 12 . 24 .010 , 7217 . 2 12.12 .110 12 . 24 .020 7217 . 3 12.12 .120 7111 12 .04 .010 7217. 4 12.12. 130 7112 12 . 04 .020 7221 12 .16. 010 7121 12 . 08 .010 7222 Not codified 7121 .1 12 . 08 .020 7223-- 7121 . 2 12 .08 . 030 7223 . 3 12.16 . 020 7121. 3 12 .08 .040 7224-- 7121. 4 12 .08 . 050 7224 . 2 .12.16..036 71.21. 5-- 7225 12.16. 040 7121. 7 12 .08 .060 7226 12.16 .050 7121 . 8-- 7227 12 . 16. 060 7121. 10 12 .08 . 070 7311 12 . 28 .010 7121 .11 12 .08.080 7312 12. 28 . 020 7121.12 12.08.090 7313 12. 28 . 030 7122 12 .08 . 100 7314 12 . 28 . 040 . 7122 . 1 12 .08.110 7315 12. 28 .050 7122 . 2 12 .08 .120 7315 .1 12. 28 . 060 7122. 3 12 .08.130 7315. 2 12. 28 .070 7123-- 7315 . 3 12 . 28 . 080 7123. 2 12.08 .140 7316 12 . 28. 090 7124-- 7316 .1 12. 28 .100 7124. 2 12. 08. 150 7316. 2 12. 28 .110 . 7125 12 .08 .160 7317 12. 28A20 7.126 12 .08 .170 7317 . 1 12.28 . 130 7131 12 ,20 .010 7317 . 2 12. 28 .140 7132 12 . 20 . 020 7317 . 3 12. 28 .150 7132.1 12 . 20 . 03.0 7317 .4 12 . 29 .160 7132 . 2 12 . 20 .040 7318 12. 28 . 170 7133. 12. 20. 050 7321 12. 32 . 040 7134 12 . 20 .060 7322 12. 32 . 050 7135 12 . 20 .070 7341 12 . 32 . 010 7136 12 . 20 .080 7341 . 1 12. 32 . 020 7137 12 . 20. 090 7341 .2 12 . 32 . 030. 7138 12. 20 .100 7342 Not codified 7139 12. 20. 110 7343 Not codified 7141 Repealed by 7401- 1935 7401. 2 .12. 36 . 010 7211 12 . 12 . 010 541 Prior code Herein: Prior code Herein:. section: section: 7411 12 . 36 . 030 7511 13.08.010 7412 12 . 36 .040 7511 .1 13. 08. 020 7413 12 . 36 .050 7511 . 2 13.08 .030 ' 7421 12 . 36 .060 7511 . 3 13 .08 .040 .7422 12 . 36 .070 7511 .4 13.08 .050 7423 12 . 36. 080 7511 . 5 13.08. 060 7424 12 . 36 . 090 7511. 6 13. 08 .070 7425 12 . 36. 100 7511. 7 13. 08 . 080 7426 12 . 36 .110 7511.8 (a) 13. 68 . 090 7431 12 . 36 .120 7511 .8 (b) 13. 08.100 7432 12 . 36 .130 7511 . 8 (c) 13.08 .110 7433 12 . 36.140 7511 .9 13. 08 . 120 7434 12. 36 .150 7511 .10 13. 08 .130 7435 12 . 36.160 7511 .11 13. 08 .140 7436 12 . 36 .170 7511 .12 13. 08 .150 7436 . 1 12 . 36 .180 7511 .13 13. 08. 160 7437 12. 36 .190 7511 .14 13. 08 .170 7438 12 . 36. 200 7511 .15 13. 08 .180 7438.1 12 .36 . 210 7511 .16 13. 08 .190 7438. 2 12 . 36. 220 7511 .17 13.08 .200 7439 12 . 36 . 230 7511 .18 13 . 08 . 210 7441 12 . 36. 240 7511 .19 13.08 . 220 7442 12 . 36 . 250 7511 .19 .1 13 . 08 ..230 7443 12 . 36. 260 7511 . 20 13. 08 . 240 - 7444 12 . 36 . 270 7511 .21 13. 08 . 250 7451-- 7511 . 22 13. 08. 260 7451. 3 12 . 36. 280 , 7511 . 2.3 13 . 08 . 270 12 . 36. 290 7512 13.08 . 280 7452. 12 . 36 . 300 7512. 2 13..08 . 290 7461 12 . 36 .310 7512 . 3 13. 08. 300. 7462 12 . 36 .320 7512.4 13. 08. 310 7463 12. 36. 330 7512 .5 13. 08 .320 7464 12 . 36 . 340 7513 13. 08 . 330 7465 12. 36. 350 7514 13.08 . 340, 7471 12 .36 .020 13 .08 . 350 7481 12 . 36. 360 7514 (a) Not codified 7482 12 . 36 . 370 7521 13.12. 010 7483 12. 36. 380 7522 13. 12 . 020 7484 12 . 36 . 390 7523 13 . 12 . 030 7491 12. 36. 400 7524-- 7492 12 . 36 .410 7524 .7 13 .12 . 040 7493 12 . 36. 420 7525-- 7494 12 . 36 .430 7525 .4 13 .12. 050 7495 12 . 36.440 7525. 5 13.12.060 7496 12 . 36 .450 .7526-- 7501 13 .04.010 7526 .1 13.12. 070 7502-- 7526. 2 13.12. 080 7502. 7 13 .04 .020 7526. 3 13.12 . 090 542 Prior code Herein: Prior code Herein: section: section: 75.26 . 4 13. 12 .100 7570 .18 .13. 28 .190 7526 ..5 13,12.110 7570 . 19 13 :28 , 200 7531-- 7570 . 20 13. 28 . 21.0 7531 . 8 13.16 ,010 7570 . 21 .13. 28 . 220 7531..9 13 .16, 020 7570. 22 13. 28 . 230 7541-- 7510 . 23 13..28 .240 - 7541 .4 13 . 24 . 010 7570 . 24 13. 28 . 250 754.2 13 . 24 . 020 ' 7570. 25 13. 28 . 260 7551 13. 24 .030 7510 .26 13. 28. 270 7551.1 13. 24 .040 7570 . 27 13 . 28 . 280 7551 .1. 1 13. 24 .050 7570 . 28 13 . 28 . 290 7551. 2 13 . 24 .060 7570 . 29 13. 28 . 300 7551 . 2. 1 13. 24 .070 7570 . 30 13 . 28 . 310. 7551 . 3 . 13. 24..080 7601 13 ..32 . 010 7551. 3. 1 13 . 24 .090 7602-- 7552 13 . 24 .100 7602 . 9 13. 32 . 020 7552. 1 13. 24 .110 7610 13. 36 . 010 7552. 2 13 . 24 .120 7611 13. 36.. 020 7552 . 3 13 . 24 .130 7612 13. 36. 030 7553 13 .24 .140 7613 13. 36. 040. 7553. 1 13. 24-.150 7614 13..36 .050 755341 . 1 13. 24 ,160 7615 13. 36 . 060 . 7553. 2 13. 24 .170 7616 13. 36.070 755.3. 2.1 13 . 24 .180 7617 13. 36 , 080 7553. 3 13 . 24 .190 7618 Not codified 7554 13 . 24 . 200 7619 Not codifieu 7555 13. 24 . 210 7620 13.40 . 010 756.1 13.04. 030 7622 13 .40 .020 7562 13 . 04. 050 7623 13 .40 . 030 7563 13 .04 . 040 7631 13.. 44 . 010 7564 Not codified 7631 . 1 13 .44 . 020 7570 13 . 28 .010 7631 . 2 13:44 . 030 7570 . 1 13. 28 .020 7632 13.4.4 .040 7570 . 2 13 . 28,030 7633 13 .44 . 050 7570. 3 13. 28 .040 7634 13 .44 . 060 7570 .4 13 . 28.050 7635 13. 44 .070. 7570 . 5 1.3 . 28 . 060 7641 13 ..12.120 7570 .6 13 . 28.070 7642 13. 12 .130 7570 . 7 13. 28. 080 7643 13.12. 140 . 7570 . 8 13 . 28 .090 7651 13 . 24 . 010 7570 .9 13 . 28,100 . 7652 13 . 24 . 020 7570 . 1.0 13 . 28 .110 7661 Not codified 7570 . 11 13. 28.120 770.0-- 7570 . 12 13. 28 .130 7711 . 2 13 .48 .010 7570 .13 13 . 28 .140 7721 13 .48 .020 7570. 14 13 . 28 .150 7721 .1 13.48 . 030 7570 . 15 13. 28 .160 7721 .2 13.48 . 040 7570. 16 13 . 28.170 7570 .17 13 . 28.180 543 Prior code Herein: Prior code Herein: section: section: 7721. 3 1.3. 48.050 8112 17 . 32 . 010 7721 . 4 13.48 .060 8112 .1 17. 32 .020 7721 . 5 • 13 .48 .070 8112. 2 17. 32 . 030 7721 . 6 13 .48 .080 8112 .3 . 17. 32 .040 7721. 7 13 . 48. 090 8113 17. 04 . 120 .7721 . 8 13 .48 .100 8113.1 17.04 .130 7721.9 13 .48.110 8114 17.04. 080 7721.10 13.48.120 8114 .1 17.04 . 090 7721.11 13.48.130 8115.1 17. 04 .140 7721. 12 13.48 .140 8115 .2 17 .04 . 070 7731 13 . 48 .150 8115. 3 17. 04 .100 7800 13.52. 010 8115 .4 17 .04 .110 7821 13. 52 .020 8115.6 17 .04 .150 7831 13. 52.030 8120 17. 08 . 010 7832 13 . 52 . 040 8121 17. 08 . 02.0 7833 13. 52. 050 8122 17 . 08 .030 7900 9 . 48. 010 8122.1 17. 08 .030 7910 9 . 48.020 8122. 2 17. 08 . 040 7910. 1 9 .48.030 8122 .3-- 7910 . 2 9 . 48.040-- 8122. 6 17.08. 050 9 . 48.060 8122 .7 Not' codified' 7911 9 .48.070 8122. 8 Not codified 7912 9 . 48 .080, 8131 17. 28.010 9 .48 . 090 8131 .1 17. 28 .020 7912. 1 9 . 48 .100 8131. 2 17. 28 .030- 7912 . 2 9 .48 .110 17. 28 . 060 7913 9 .48 .120 8131 .3 17 . 28 .070 7913 . 1 9 . 48.130 8131 . 3. 1 17. 28 . 080 7913. 2 9 . 48 .140 8131 .3 . 2 17. 28. 090 7914 9 .48 .150 8132 17. 28 .100 7914 . 1 9 .48 .160 8133 17. 28 .110 7915 9 .48.170 8133.1 17. 28.120 7916 9 .48 .180 8133. 2 17 . 28.130 7917 9 .48 .190 8133. 3 17 . 28 .140 7918 9 .48. 200 8133.4 17 . 28.150 7920 9 .48 . 210 8133. 5 17. 28. 160 7921 9 .48. 220 8133 . 6 17. 28. 170 7922 9 .48. 230 8134 17. 28 . 180 7923 9 . 48. 240 8134 .1 17. 28 .190 7931 9 . 48. 250 8134 . 2 17. 28 . 200 7932 Not codified 8135 17. 28. 210 7933 Not codified 8135.1 17. 28 . 2,20 8110 . 17 .04 .010 8135.2 17. 28 . 230 8111 17 .04.020 8136 17. 28. 240 8111 . 1 17 .04 .030 8137 Not codified 8111 . 2 17 .04. 040 8140 17. 52. 010 8111. 3 17.04 .050 8141 17 .52.020 8111 .4 17.04.060 8142 17. 52.030 8142 .1 17. 52. 040 544 Prior code Herein: Prior ,code Herein: section : section: . 8142 . 2 17 . 52.050 8311 17.40.010 .8142 . 3 17. 52 . 060 8312 17.40 ..020 8143 17 . 52.070 8313 Not codified ' 8143. 1 17. 52. 080 8314 Not codified 8143. 2 17 . 52. 090 8410-- 8143. 3 17 . 52 .100 8415 Not codified 8143. 4 17 . 52.110 8143. 5 17 . 52 .120 8143. 6 17 . 52 .130 8143. 7 17 . 52 .140 8143. 8 17 . 52.150 8144 17. 52 .160 8145 Not codified 8151 17 .16 .010 8151. 1 17 .16. 020 8151 . 2 17 .16 .030 8151 . 3 17 . 16 040 8151.4 17 . 16 .050 8161 17 . 20 .010 8161.1 .17.. 20 .020 , 17. 20 .030 8162 17. 20 .040 8162.1 17. 20 .050 8163 17. 20 .060 8163. 1 17. 20 .070 8163. 2 17 . 20 .080 8163. 3 17. 20 .090 8171 17 . 24 . 010 8172 17 . 24 .020 8173 8173. 5 .17 . 24 . 030 8174 17 . 24 .040 8174 . 1 17. 24 .050 8175 17. 24 . 060 8176 17. 24 .070 8176. 1 17 . 24 . 080 8181 17 . 36.010 8181. 1 17. 36 .020 8181. 2 17. 36 .030 8181. 3 17. 36 . 040 8182 17 . 36.050 8183 .17. 36 .060 . 8184 17. 36. 070 6185 17. 36 .080 8191 17 .12 .010 8191.1 17. 12. 020 8191. 2 Not codified 8211-- 8211. 63 Not codified 545 HUNTINGTON BEACH MUNICIPAL CODE INDEX _A_ ABANDONED VEHICLE See INOPERATIVE VEHICLE ABANDONMENT OF .WATER WELLS 14 . 26. 010 ADMINISTRATIVE OFFICER ABSENCE, PROVISIONS 2. 08. 050 BOND REQUIRED 2 . 08. 040 COMMISSION., BOARD MEETINGS, ATTENDANCE REQUIRED 2. 08. 1.30 CONDUCT STANDARDS' 2. 08. 120 COUNCIL ADMINISTRATOR RELATIONS 2. 08. 140 COUNCILMEN ELIGIBILITY 2. 08. 030 POWERS, DUTIES 2. 08. 010 REMOVAL Conditions 2. 08. 060 Council discretion 2. 08. 090 'clearing 2 . 08. 070 Limitation 2. 08. 100 Suspension pending hearing 2. 08. 080 RESIDENCE REQUIREMENT 2. 08. 020 ADMINISTRATOR, CITY BUILDING MATERIAL, OCCUPANCY, PROCESS, .EVALUATION, PERMIT ISSUANCE 17. 56. 330 FIREWORKS, PERMIT GRANTING AUTHORITY 17 . 56.150 PARADE PERMIT Application evaluation 9 . 48. 080 late , consideration 9 . 48. 170 Contents determination 9 . 48. 150 Denial authority 9 . 48. 130 Distributing copies 9 . 48. 180 Issuance authority 9 . 48.120 Records submittal to city council 9 . 48. 210 ADVERTISING See also BENCH FEE 5. 16.070 A=RGUN See WEAPON A:i-RPORT NOISE See NOISE I-1 A'IBULANCE '. J BUSINESS LICENSE Nontransferable 5. 20. 050 Required 5. 20. 060 CERTIFICATE OF NEED, NECESSITY Application 5. 20. 030 Fee 5. 20. 040 Granting 5. 20. 140 Liability insurance required 5. 20. 130 Renewal 5. 20. 120 Required 5. 20. 020 Revocation procedure 5. 20. 110 when 5. 20. 150 DEFINITIONS 5. 20. 010 DRIVER Defined 5. 20. 010 Qualifications 5. 20. 080 OWNER, DEFINED 5. 20. 010 PRIVATE, DEFINED 5. 20. 010 RATE CHANGE Application, hearing 5. 20. 090 Prohibited when 5. 20. 100 REPLACEMENT 5. 20. 070 AMUSEMENT, ENTERTAINMENT PREMISES BUSINESS LICENSE FEE 5. 16. 070 DEFINITIONS 5. 44 . 020 ENTERTAINMENT DEFINED 5. 44. 020 PERMIT Application fee 5. 44. 040 required 5. 44. 030 Denial, appeal 5. 44. 070 Excluded entertainments 5. 44. 080 Granting 5. 44 . 050 Required 5. 44. 010 Revocation hearing 5. 44. 110 reapplication 5. 44.100 when 5. 44 . 060 Validity period 5. 44. 060 RESTAURANT DEFINED 5. 44 . 020 ANIMAL See also Specific Animal AT LARGE See also WILD I-2 A:iI AL (Continued) AT LARGE (Continued) Captured by citizen 7. 12 .130 Defined 7. 04. 010 Monkey , prohibited 7. 20 .070 BEES, MAINTENANCE RESTRICTIONS 7. 20. 100 CAMPING FACILITY, PROHIBITED 13 . 28. 170 CAT See DOG, CAT CATTLE, HOGS MAINTENANCE RESTRICTIONS 7 .20 .110 CHAPTER APPLICATION, INTERPRETATION 7 . 04 . 16.0 COMMISSION,, CARE AND CONTROL 7. 28.010 CONTROL OFFICER, CHIEF Impoundment authority generally 7. 08.090 care of animal 7 . 08.140 destroying animal 7. 08.140 duties generally 7 .12 .120 fee collection, report 7.08.120, 7 - 08. 130 owner notification 7. 12. 250 Interfering with, prohibited 7. 08.050 License, tag, certificate issuance 7. 12.040 . Office created 7 .08. 010 Power, duties entering premises where animal kept 7. 08. 060 generally 7:08. 040 police 7.08. 020 taxing, licensing 7.08.0.30 DEAD Carcass , unburied declared nuisance 7. 04. 060 Veterinary hospital owner notification required 7. 04 . 040 retention period 7 .04. 050 DEFINED 7. 04 .010 DEFINITIONS 7. 04 . 010 DISEASED, KEEPING PROHIBITED WHEN 7 . 04 . 120 DOG CATCHER See CONTROL OFFICER, CHIEF FOOD HANDLING ESTABLISHMENTS, PROHIBITED . 7 . 04 . 090 FOWL See FOWL, RABBITS GOAT, MAINTENANCE RESTRICTIONS 7. 20 .090 HORSE Defined 7. 04 .010 Stabling requirements designated, violation deemed nuisance 7. 20 . 080 - HUSBANDRY PERMIT, ISSUANCE WHEN 7 . 20 .120 KEEPING NEAR INHABITED STRUCTURES PROHIBITED 7. 04 . 030 KENNEL Cat , defined 7. 04. 010 Dog, defined 7. 04. 010 IMPOUNDMENT See also CONTROL OFFICER, CHIEF DOG, CAT I-3 ANIMAL (Continued) IMPOUNDMENT (Continued) Authority designated 7.08. 090 Care 7 .08.100 Destruction 7. 08..140 Fees control officer responsibility 7. 08. 130 designated 7. 08. 120 Reclaiming 7.08 .110 LICENSE Exhibition required when 7.08.070 Fee, debt when 7.04 . 110 MANURE Premises where deposited, cleaning 7. 04 .080 Storage, removal procedure 7.04.070 NOISY, PROHIBITED 7. 04.140 OWNER DEFINED 7 . 04 . 010 PARKS, PROHIBITED WHEN 13. 48.070 POUNDMASTER See CONTROL OFFICER, CHIEF PREMISES, SANITATION REQUIRED 7.04 .020 PROVISIONS, ENFORCEMENT AUTHORITY DESIGNATED 7. 04 . 170 RABBIT See FOWL, RABBITS RABIES See also DOG, CAT Chapter 7. 12 applies 7.04 .130 REPTILE See WILD SHELTER ESTABLISHED 7. 08. 080 TRANSPORTATION RESTRICTIONS 7. 04 . 100 TRAPS, PROHIBITED 7. 04.150 WILD At large farm, prohibited 7. 20 .010 prohibited 7. 24 .010 Chapter applicability 7.24 .170 Dog declared, when 7. 24.020 Keeping appeal 7. 24 .050 limitations 7. 24 . 060 pending permit issuance 7. 24 .080 _ without permit prohibited 7. 24 .040 Permit appeal 7. 24 . 160 application 7. 24 . 090 commercial establishment 7 . 24 .130 fee 7.24.120 investigation 7. 24.100 required 7. 24. 030 revocation 7. 24 . 150 temporary 7. 24. 070 term, renewal 7.24.104 Transporting through city 7. 24.110 I-4 APARTMENT HOUSE BUSINESS LICENSE FEE 5. 16. 260 DEFINED 5. 04 . 010 ASTROLOGY See FORTUNETELLING ATTORNEY, CITY DEFINED 15. 08. 130 'AUCTION STOCKYARD, BUSINESS LICENSE FEE 5.16. 310 AUCTIONEER BUSINESS LICENSE FEE 5. 16. 080 AUTO COURT BUSINESS LICENSE FEE 5. 16. 260 AUTO WRECKING DEFINED, BUSINESS LICENSE FEE 5. 16.170 -B- BAKERY See FOOD HANDLING ESTABLISHMENT BANKRUPT SALE BUSINESS LICENSE FEE DESIGNATED 5. 16. 090 BATH, PUBLIC See also MASSAGE PARLOR BUSINESS LICENSE FEE DESIGNATED _ 5. 16. 100 BEACHES, PIERS See also HARBORS, BEACHES DEPARTMENT BEACHES Alcoholic beverage permit revocation 13. 08. 110 permitted when 13. 08. 100 possession prohibited, exception 13. 08. 090 Animals prohibited 13. 08. 070 I-5 BEACHES, PIERS (Continued) BEACHES (Continued) Appeal of director' s decision 13. 04 . 040 Articles ,. hazardous defined 13. 08.130 in bathing area prohibited 13. 08. 040 leaving on lifeguard station prohibited 13. 08. 200 Camps prohibited, exception 13. 08. 050 Concession See also FOOD HANDLING ESTABLISHMENT deliveries , times designated 13. 0 . 300 Construction permit fee 13. 24. 020 required 13. 24. 010 Curfew 13. 08. 240 Defacing, destroying public property prohibited 13. 08. 020 Defined 13. 04. 020 Department See HARBORS BEACHES DEPARTMENT Digging prohibited 13. 0 . 150 . Electrical outlet use restricted 13. 08. 260 Filming, photography, commercial permit applicant examination 13. 24.170 application, contents 13. 24 .160 fee 13. 24 . 190 , generally 13. 24.150 issuance 13. 24. 180 prohibited when 13. 24.140 Fires, prohibited, exception 13. 08. 060 Fireworks prohibited 13. 08. 250_ Games permitted when 13. 08.140 Lifeguard. false alarm prohibited 13. 08.210 interference with, prohibited 13. 08. 220 private See Lifeguard, private station, climbing on prohibited 13. 08.190 Lifeguard, private certificate, defined 13. 20. 010 defined 13.20. 010 number required 13. 20. 020 Littering prohibited 13. 08. 030 Loudspeaker prohibited when 13. 24. 200 Mirror's prohibited when 13. 08.230 Motion pictures See Filming, photography, commercial permit Motor vehicle permit applicant examination 13.24. 060 application 13. 24. 040, 13. 24. 050 conditions 13. 24. 080 issuance 13. 24. 070 I-6 BEACHES, PIERS (Continued) BEACHES (Continued) Motor vehicle permit (Continued) required 13. 24 . 030 scope 13. 24. 090 Parking . enforcement 13.16. 030 fee payment, violation, fine 13.16. 020 regulations designated 13, 16. 010 restrictions 13. 08. 310 Photography See Filming, photography, commercial permit Private certificate defined 13. 20. 010 defined 13. 20. 010 definitions 13. 20. 010 lifeguard See Lifeguard, private Reflecting objects prohibited when 13.08. 230 Sand removal prohibited 13. 08. 330 Soliciting prohibited, exception 13 . 08. 080 Speaker system prohibited, exception 13. 08. 270 Spear guns prohibited when 13.08. 160 Special use permit 13. 24. 210 Surfboard See Articles, hazardous Traffic control signs 13.08. 320 Vehicle prohibited when 13. 08, 280 speed limits 13. 08. 290 unlawful acts generally 13. 08. 010 Water sports, hazardous, defined, prohibited 13. o8. 120 BUSINESS Leasing space city privilege 13.24. 120 rental terms 13. 24. 130 Location 13. 24. 110 Permit required 13. 24. 100 CAMP DEFINED 13. 04. 020 CHAPTER SCOPE 13. 04. 010 DEFINITIONS 13. 04. 020 DIRECTOR Defined 13. 04. 020 Enforcing officer 13. 04. 030 Pier authority established 13.12. 010 boat landing 13. 12. 100 public. use determination 13. 12. 020 Water sports authority 13. 08.120 LIQUOR DEFINED 13. 04. 020 OCCUPIED DEFINED 13. 04. 02.0 PACIFIC OCEAN DEFINED 13. 04. 020 I-7 BEACHES, PIERS (Continued) PIER Boat fueling, direct prohibited 13. 12. 140 private 13. 12. 090 ticket sale prohibited 13.12. 070 Bridges jumping from, prohibited 13 . 08. 170 rails , climbing on prohibited 13. 08. 180 Climbing on, prohibited 13. 08.180 Concession deliveries when 13. 12.060 Construction permit fee 13. 24. 020 required 13. 24. 010 Fishing restrictions 13. 12. 040 Jumping from, prohibited 13. 08.170 Posted notices 13.12. 030 Public use determination 13. 12. 020 Regulation authority established 13. 12. 010 Vehicle, parking regulations 13. 12. 050 Vessel landings authority 13.12. 100 charges 13. 12.110 method 13. 12. 130 time restriction 13.12. 080 tying up, permission required 13.12. 120 Violation, penalty 13. 04. 050 BENCH ADVERTISING Copy approval required 12. 36. 320 objectionable 12. 36.340 refusal, appeal 12. 36. 330 Duplicating traffic signs prohibited 12. 36. 350 Restrictions 12. 36. 310 CHAPTER ENFORCEMENT AUTHORITY DESIGNATED 12. 36. 020 DEFINED 12. 36. 010 DEFINITIONS 12. 36. 010 . DISPOSAL 12. 36. 380 IDENTIFICATION 12. 36. 260 LOCATION Curb distance 12. 36. 300 Requirement waiver 12. 36. 290 Restrictions 12. 36 . 280 MAINTENANCE REQUIRED, PERMITTEE LIABLE 12. 36. 270 NUMBER, NAME DISPLAY REQUIRED 12. 36. 250 PERMIT Application cancelled when 12. 36. 140 I-8 BENCH (Continued) PERMIT (Continued Application (Continued) council action 12. 36. 100 filing , 12. 36: 080 form 12- 36. 060 renewal 12- 36. 220 Bond covering several permits 12. 36. 430 form 12: 36. 410 liability; limit 12. 36:'440 maintenance 12. 36. 42b required 12. 36.1406 Denial See also Revocation grounds 12; 3.6. 120 Expiration 12. 36. 20'0 Fee collection 12 . 36. 110 nonrefundable when 12•. 36: 190 renewal 12. 36 210 Landowner, adjoining; ' consent required 12. 36: 070 withdrawal 12. 36A80 Numbering 12. 36: 050 Owner signature, fee required 12. 36. 090 Required 12- 36. 630 Revocation failure to install 12. 36. 160 grounds generally 12. 36.130 Property owner protest 12.36. 150 Scope 12- 36. 040 Violation, penalty 12. 36. 170 REMOVAL Redemption 12- 36. 370 When 12. 36. 360 SALE 12- 36. 390 SIGN See ADVERTISING SIZE, MAXIMUM 12. 36. 240 STREET DEFINED 12- 36. 010 TRANSFER, REPORT REQUIRED 12. 86. 230 BETTING, WAGERING See .GAMBLING BICYCLE DEALER RECORDS 10. 84. 080 DEFINITIONS 10. 84. 005 I-9 BICYCLE (Continued) FEES, REGISTRATION, IDENTIFICATION CARD 10. 84. 060 IDEN`i'IFICATION Card change of address 10. 84. 025 issuance 10. 84. 030 tampering with, prohibited. 10. 84. 110 loss 10. 84. 090 Tag required 10. 84. 040 tampering with, prohibited 10. 84. 100 loss 10. 84. 090 IMPOUNDMENT Holding time 10. 84. 130 Owner notification . 10. 84. 140 Provisions enforcement authority 10. 84. 150 LANES Direction 10. 84. 250 Established 10. 84. 210 Implementation 10. 84. 220 Markings and erection of signs 10. 84. 230 Use 10. 84. 240 Vehicles, prohibited 10. 84. 270 LICENSE City residents only 10. 84. 015 Record kept 10. 84 . 050 Required 10. 84. 010 PARKING RESTRICTIONS 10. 84. 120, 10. 84.190 PENALTY PROVISIONS 10. 84 . 280 REGISTRATION APPLICATION 10. 84. 020 RIDER RIGHTS, DUTIES 10. 08. 040 RIDING Abreast, prohibited 10. 84. 180 . On pier, prohibited 10. 84 . 200 On sidewalk, prohibited 10. 84. 160 SALE, TRANSFER 10. 84. 070 WALKING 10. 84. 260 YIELDING TO PEDESTRIAN 10. 84 . 170 BILLIARD HALL CARD GAME, PROHIBITED 9. 32. 060 HOURS OF BUSINESS 9 . 32. 090 LICENSE REQUIRED, GRANTING AUTHORITY 9 . 32. 030 MINOR, PROHIBITED 9 . 32. 050 OPERATION IN CONJUNCTION WITH OTHER BUSINESS 9. 32. 100 PERMIT Applicant , investigatory procedure 9. 32. 020 Granting 9 . 32. 030 I-10 BILLIARD HALL (Continued) PERMIT (Continued) Posting required 9 . 32. 080 Required, application procedure 9 . 32. 010 Revocation appeal 9. 32. 120 when 9 . 32. 110 PREMISES SPECIFICATIONS 9. 32. 040 PROVISIONS VIOLATION PROHIBITED . 9. 32. 070 BOARD OF LIBRARY TRUSTEES See LIBRARY, PUBLIC BOARD OF SUPERVISORS INDUSTRIAL WASTE POLLUTION HEARING 14. 24. 220 BOARD OF ZONING ADJUSTMENT BUILDING MOVING, REVIEW, DECISION 17. 2.8. 090 OIL WELL REACTIVATION DECISION AUTHORITY 15. 40: 060 BOAT See BEACHES, PIERS HARBOR BOND ADMINISTRATIVE OFFICER 2. 08. 040 BENCH PERMIT 12 . 36. 300 BUILDING MOVING 17. 28. 120 EXPLOSIVES 17. 56. 130 FINANCE DEPARTMENT -DIRECTOR 2. 36. 040 HOUSE MOVING 5 . 16. 150 OIL OPERATIONS 15. 16. 010 PARADE PERMIT 9. 48. 100 PARKING METER . COLLECTOR 10. 56. 050 PURCHASING. 3. 02. 140 SWIMMING POOL. 17. 52. 080 VEHICLE OVERLOAD 10. 32. 210 BOXING, WRESTLING BUSINESS LICENSE FEE DESIGNATED 5. 16. 070 BUILDING See also HOUSING OIL OPERATIONS BASE METAL SCREED.,. . METAL, INSTALLATION REQUIRED 17. 04. 040 CODE Additions Section 303(c) , (d) , Ce ) 17. 04. 090 Section 3802(.d) 17. 04.130 I-11 BUILDING (Continued) CODE (Continued) Adopted 17. 04 . 020 Admendments Section 302 (d) 17. 04. 070 Section 303 (a) 17. 04 . 080 Section 306 (a) 17. 04. 100 Section 1603(a) 17. 04.110 Section 3822(b )8 17 . 08.120 CONTRACTOR ' General, defined 5. 04 . 010 Special, defined 5. 04 . 010 DANGEROUS Administration 17. 12. 020 Code adopted 17.12. 010 Construction unlawful 17. 12. 080 DEPARTMENT See also BUILDING COMMUNITY DEVELOPMENT DEPARTMENT Inspection 17 . 2 . 030 Substandard building demolition 17 . 28. 160 . DRIVEWAY See STREETS AND SIDEWALKS FIRE ZONE See FIRE FLOOR, CONCRETE, THICKNESS SPECIFIED 17. 04. 030 INSPECTOR See BUILDING INSPECTOR LOT, TEST WAIVER 17. 0 . 0 0 MOVING See BUILDING, MOVING OCCUPANCY, USE CERTIFICATE Conditional 17. 04. 100 Load limit 17. 56. 240 Required, violation unlawful 17. 04. 150 PERMIT Expiration 17. 04. 070 Fee additional 17 . 04. 090 initial 17. 04 . 080 Issuance, discretionary approval, prerequisite 17. 04 . 140 PUBLIC Alcoholic beverage defined 13. 52. 010 Definitions 13. 52. 010 Smoking council meeting, prohibited 13. 52. 030 defined 13. 52. 010 notices prohibiting, posting required 13. 52. 040 violation, penalty 13. 52. 050 Unlawful acts designated 13. 52. 020 RELOCATION PERMIT See BUILDING, MOVING SAFETY See BUILDING, COMMUNITY DEVELOPMENT DIRECTOR SUNDECK Chapter application" 17. 24. 060 Elevation 17. 24 . 040 i I-12 BUILDING (Continued) . . SUNDECK (Continued) Extension from bulkhead 17: 24. olo Glassed-in area, obscuring 17. 24 . 050 License fee 17 . 24 . 080 required 17 . 24 . 070 Railings 17 .24 . 020 Windscreen construction standards 17 . 24 .030 SWIMMING POOL See SWIMMING POOL TITLE 17 . 04 . 010 WALL., MASONRY Construction standards block, four feet 17. 16 .030 block, six feet 17 .16.020 generally 17 . 16. 010 Inspection required 17 . 16. 050 Retaining 17 . 16 . 040 BUILDING, COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR Appointment 2 . 32 . 020 Oil field superintendent appointment 15 . 04 .030 ESTABLISHED 2 . 32 . 010 BUILDING, MOVING BOND Conditions 17 . 28 .130 Default cash deposit to finance work, enforcement authority 17 . 28 . 150 city action, interference prohibited 17 .28. 200 completion. . 17 . 28 .190 demolition 17 .28 .160 notice issued 17 . 28 .140 Period, termination 17 . 28 ..170 Required when 17 . 28 .120 DIRECTOR, INSPECTION AUTHORITY 17 . 28. 180 EFFECT, NEIGHBORHOOD Decision 17 . 28 .090 Determining injurious 17 . 28 . 070 Review, authority designated 17 .28 .080 FEE 5 . 16 . 14o HOUSE Bond required 5 .16. 150 Fee designated 5 . 16 . 140 I-13 BUILDING MOVING (Continued) INSPECTION Final 17. 28 . 240 Right of entry designated 17 . 28 .180 INSPECTOR, VIOLATION, ENFORCEMENT AUTHORITY 17. 28 .150 NOTICE CARD POSTING Generally 17 . 28 . 030 Specifications 17 . 28 .040 . When 17 . 28 .060 Where 17 . 28 . 050 PERMIT Application, contents 17 . 28 .020 Exceptions 17 . 28 . 210 Fee 17. 28 .110 Required 17 . 28. 010 Void when 17 . 28. 220 PROTEST HEARING 17 . 28 .100 PROVISIONS EXCEPTED WHEN 17 . 28 . 230 BUILDING, SAFETY DIRECTOR INOPERATIVE VEHICLE REGULATIONS , ENFORCEMENT AUTHORITY 8. 48 . 060 REFUSE ABATEMENT Delinquency report 8 . 36 .050 Statement preparation 8 . 36 .080 signature 8 . 36.090 BUSINESS See also Specific Business DEFINED 5 .04.010 DEFINITIONS 5 .04 .010 EMPLOYEES , AVERAGE NUMBER, DEFINED 5.04. 010 LICENSE See BUSINESS LICENSE PERMIT Investigation fees 5 .04 .080 Petition 5 .04 .070 Required when 5 .04.060 PREMISES Inspection authority 5.10 .020 Right of entry authority 5 .10. 030 STATE, FEDERAL STATUTES, CONFLICT License not required 5 .08.020 Tax applicable 5 .04 .030 BUSINESS LICENSE APPEAL 5. 08. 240 APPLICATION 5 .08.180 i I-14 BUSTNESS LICENSE (Continued) BILLIARD HALL 9 . 32 .030 BOND . Form 5 .08 . 130 Required when 5 .08. 120 BRANCH ESTABLISHMENT, SEPARATE LICENSE REQUIRED 5. 08 .140 CHARITABLE, NONPROFIT ORGANIZATION, FEE EXEMPTED 5. 12 . 030 . CLASSIFICATIONS DESIGNATED 5. 16.040 CONTENTS 5.08 . 190 FEE Additional sums 5 .08.060 Advertising 5 .16. 060 Amusement, entertainment premises 5.1.6 .070 Auctioneer 5 .16 :080 Auction, stockyard 5 .16.310 Auto court 5 .16 .260 Bankrupt sale 5 .16 .090 Bath, public 5 .16 .100 Building, office 5 .16 .190 Business See also Specific Business ceasing 5 .08 . 070 temporary, small stand 5 .08 . 280 Circus 5 .16 .110 Contractor 5 .16 .120 Dance hall 5 .16 . 240 Dancing teacher 5 .16 .130 Delinquent bars further license 5 .08 .110 debt to city 5 .10 .080 penalty 5 .08 .100 Deposit, city teasurer 5.08 . 260 Determination failure to file statement 5 .08 . 230 statement of average number of employees 5 . 08. 210 verification 5 .08. 220 Due when 5 .08 .080 Error, correct amount due 5.08 . 200 Exemptions See also Specific Business generally 5.12 .010 Filing delay, city clerk power 5 .08 .250 Flat rate 5 .16 .050 Hotel 5 . 16 . 260 House moving bond, fee 5 .16 .150 .fee 5 .16. 140 _ I-15 BUSINESS LICENSE (Continued) FEE (Continued) Junk collector 5 .16 .160 dealer 5 .16 .170 Motel 5 .16 .260 Music teacher 5 .16 .180 Not in lieu of other taxes 5.04 . 030 Oil operations, nonproduction 5.16 . 200 Pawnbroker 5 .16 .220 Peddler 5. 16 . 230 Rate per employee designated 5 .16 .010 minimum 5 .16.020 Rooming house 5.16. 260 Skating rink 5 .16 .270 Solicitor, canvasser 5.16.290, 5.16 . 300 Subdivision 5 .16.430 Trailer park 5 .16 . 320 rental 5 .16 . 390 Trucking, hauling, transporting dump, tank truck 5.16. 360 established place of business 5.16. 350 exceptions 5.16. 330 no established place of business 5.16. 340 Truck rental 5 .16. 370 Utilities, public 5.16. 250 Vehicle, passenger, rental 5.16 . 380 Vending machine 5 .16 .410 Water companies 5 .16 .420 transporting 5 .16.400 INTERSTATE COMMERCE, FEE REDUCTION WHEN 5.12.020 ISSUANCE REQUIREMENTS 5. 10 .100 JUNK Collector 5 .36 .110 Dealer 5 .10 . 090 NONTRANSFERABLE 5 .08.090 NOT PERMIT 5.04 .090 OIL OPERATIONS 5. 32 .010 PATROL, PRIVATE 5.40 .040 PAWNBROKER 5. 36. 020 POOL, BILLIARD HALL 9 . 32 .030 POSTING 5.08.170 RATE See FEE REPLACEMENT, FEE 5 .08.160 REQUIRED WHEN 5 .08 . 010 REVOCATION Cause 5.10 . 040 I-16 BUSINESS LICENSE (Continued) REVOCATION (Continued) Licensee rights 5.10.070 Procedure hearing 5 .10 .060 initiation 5.10 .050 SECONDHAND DEALER 5. 36.070 TAX See FEE TITLE Enforcement generally 5 .10. 010 remedies cumulative 5.10.090 Interpretation effect on other ordinances 5.04. 030 effect on past actions, obligations 5.04. 040 occupations , prohibited 5.04'.050_ Purpose 5 . 04 .020 TERM 5.08 . 050 UNEXPIRED PRIOR TO ORDINANCE 5.08.150 VETERAN, DISABLED Application procedure 5.12.050 Fee exemption when 5.12.040 Issuance conditions. 5.12.060 -C- CAFE See FOOD HANDLING ESTABLISHMENT CAFETERIA See FOOD HANDLING ESTABLISHMENT CAMPING FACILITY ANIMALS PROHIBITED 13. 28 . 170 CITY PROPERTY Declared 13 . 28.120 Disturbing, prohibited 13. 28.140 CLOSING HOURS DESIGNATED 13. 28 .200 CURFEW 13. 28. 210 ESTABLISHED, .AVAILABILITY 13. 28.010 FEE Council resolution 13 . 28. 020 Payment before use 13. 28 .040 FIREARM PROHIBITED 13. 28 . 180 FIRES PROHIBITED WHEN 13. 28 .160 FIREWORKS PROHIBITED 13. 28 .190 GAMES RESTRICTIONS 13. 28 . 220 LITTERING PROHIBITED 13. 28.150 I-17 CAMPING FACILITY (Continued) LIVING QUARTERS Facilities 13 . 28 . 100 Size limitations 13 . 28 .090 OCCUPANCY Checking out 13 . 28 . 080 Described 13 .28.. 050 Designated areas only 13 . 28. 300 Number limited 13 . 28. 060 Time limit 13 - 28. 070 OVERNIGHT, IN DAYTIME AREA WHEN 13 . 28. 110 PARKING RESTRICTIONS Authority 13 . 28 . 310 Generally 13 . 28 . 270 PLANTS 13 . 28. 030 PROPERTY See CITY PROPERTY RULES. ADOPTED 13 . 28 . 020 SANITATION, APPEARANCE 13 . 28. 230 SELLING PROHIBITED WHEN 13 . 28 . 290 . SOLICITING PROHIBITED WHEN 13 . 28.290 VEHICLE Commercial, prohibited when 13.28 .280 Operation legal required 13 . 28 .260 where 13. 28 . 250 Speed limits 13 ..28 . 240 WEAPON PROHIBITED 13 . 28 .180 . CAMPS FARM LABOR 8 . 64 . 010 CANDIDATE See ELECTION CANVASSER See also PEDDLER SOLICITOR AGENT DEFINED 9. 6T. 010 BUSINESS LICENSE FEE 5 . 16 . 290 DECEPTION UNLAWFUL 9. 64 . 040 DEFINED 5 . 04 . 010, 9 . 64 . 010 DEFINITIONS 9. 64 . 010 ESTABLISHED PLACE OF BUSINESS DEFINED 9 . 64 . 010 REGISTRATION Required 9. 64 . 020 Statement 9 . 64 . 030 REGULATIONS Exceptions 9 . 64 . 050 Nonexclusive 9. 64 . 060 SOLICITATION Unrequested, declared nuisance 9 . 64 . 015 CAPITOL OUTLAY See SPECIAL FUND I-18 CARD GAME See GAMBLING CARNIVAL, TENT SHOW, OPEN-AIR SHOW .BUSINESS LICENSE FEE 5.16. 070 CAT See DOG, CAT . CHARITABLE INSTITUTION See INSTITUTION, CHARITABLE CHIEF OF POLICE See POLICE CHIEF CIGARETTE TAX APPEAL 3 32. 090 APPLICATION 3 . 32 . 140 CIGARETTE DEFINED 3 . 32 . 010 DEBT TO CITY 3 . 32. 110 DEFINITIONS 3 . 32. 010 IMPOSED 3 . 32 . 020 PAYMENT Generally 3 . 32 . 030 Quarterly remittance 3. 32.040 PENALTIES, INTEREST DESIGNATED 3 . 32. 070 REFUND 3 • 32 . 100 RETAILER Defined 3 . 32. 010 Records required 3. 32. 120 Registration certificate required, contents 3. 32.050 each place of business, required 3. 32 .060 USE, CONSUMPTION, DEFINED 3 . 32. 010 VIOLATIONS Declared misdemeanor 3 . 32 . 130 Described 3 . 32. 080 CIRCUS BUSINESS LICENSE FEE DESIGNATED 5. 16. 110 CITY HALL CIVIC CENTER LOCATION 1 .12 .020 DESIGNATED 1 . 12 . 010 CITY SEAL See SEAL, CITY CIVIC CENTER See CITY HALL CIVIL DEFENSE EMERGENCY SERVICES CHAPTER PURPOSE 8 . 60 . 010 COUNCIL Created 8 . 60. 030 I-19 CIVIL DEFENSE EMERGENCY SERVICES (Continued) COUNCIL (Continued) Powers, duties 8 . 60. 040 DEFINITIONS 8 . 60. 020 DIRECTOR Assigning emergency duties , functions 8 . 60 . 110 Defined 8 . 60 . 020 Deputy, office created 8 . 60 . 060 Duties , powers generally 8. 60 . 070 Emer ency service lan Kling with ci clerk 8 .60 . 100 formulation 8. 0 .1403 1 . 60. 080 Office created 8 . 60 . 050 DISASTER ORGANIZATION CREATED 8 . 60. 130 EMERGENCY Curfew established 8 . 60.150 Defined 8 . 60. 020 EXPENDITURES 8 . 60. 160 ORGANIZATION Defined 8 . 60. 020 Plan adoption, filing 8 . 60.100 applicability 8 . 60. 120 contents 8 . 60 . 090 defined 8. 60. 020 formulation 8 . 60 . 080 service chiefs 8 . 60.140 VIOLATION DEEMED MISDEMEANOR 8. 60.170 CLAIRVOYANCE See FORTUNETELLING CLERK, CITY BUSINESS LICENSE EXTENSION, PENALTY WAIVER POWER 5 . 03. 250 DEFINED 15. 08 . 140 FUND, RESOLUTION DELIVERY City 3 . 04 . 020 Library 9 . 48 . 220 PARADE PERMIT Appeal , applicant notification 9 . 48. 220 Presentation to city council 9. 48 . 210 REFUSE CERTIFICATE APPLICATION Arrangement for public hearing 8 . 20. 220 Distributing copies 8 . 20. 190 RESTAURANT, AMUSEMENT, ENTERTAINMENT PREMISES PERMIT, APPLICATION REFERRAL TO CHIEF OF POLICE 5. 44 . 050 ISSUANCE . OF MOTION PICTURE EXHIBITION LICENSE 5. 52 . 050 CODE ADOPTION 1 . 01 . 020 I-20 CODE (Continued) . APPLICATION 1 . 04 . 050 AUTHORITY 1 . 01 . 040 CITING IN PROSECUTION 1 . 01.030 CONSTRUCTION See also INTERPRETATION Generally 1 -04 . 030 Headings 1 . 01 . 060 Titles 1.04 . 060 DEFINITIONS 1 . 04 . 010 EFFECTIVE DATE 1. 01 . 090 INTERPRETATION Bonds; deposits 1 .01 .080 Licenses , penalties , prior to adoption 1 . 01 . 080 Matter of record 1. 01 . 070 JURISDICTION .1 . 04 . 040 NUISANCE; PUBLIC Defined 1 . 04 . 010 Prosecution 1 . 16 . 070 ORDINANCE Amendatory 1. 01 . 030, 1.01. 050 Prior violation 1. 01.080 Repeal of 1 . 01. 010 SEVERABILITY 1604 . 026 TITLE 1 . 01 . 030 VIOLATION Continuing 1 . 16. 020 Declared misdemeanor 1.16 .010 Infraction, penalty 1. 16 .040 Notice serving certificate as proof 1: 20. 020 generally 1 . 20 . 010 Penalty; general 1 .16. 030 Prosecution 1. 16. 050, l'. 01. 030 COMPENSATION ANIMAL CONTROL OFFICER 7 . 08. 010 BOARD OF LIBRARY TRUSTEES 2. 88 .020 COMPETITIVE SERVICE See PERSONNEL CONSTRUCTION AND ABANDONMENT OF WATER WELLS 14 .26 . 010 CONTRACTOR BUILDING, DEFINED 5. 04 . 010 BUSINESS LICENSE PEE 5 . 16.120 ENGINEERING, DEFINED 5 . 04 . 010 SPECIALTY, DEFINED 5. 04 . 010 I-21 . COUNCIL, CITY ADMINISTRATOR RELATIONS 2 . 08 . 140 BEACH, PRIVATE LIFEGUARD DETERMINATION 13 . 20 , 020 BENCH, PERMIT APPLICATION, EXAMINATION 12 . 36•.loo CIGARETTE TAX APPEALS 3 . 32 .090 CERTIFICATE .OF NEED, NECESSITY, DECISION TO GRANT, DENY APPLICATION 5. 40 . o60 CONTRACT PERFORMANCE BOND AUTHORITY 3 . 02 . 140 .EXPENSE ALLOWANCE 2 . 28 .010 OIL OPERATIONS SITE, ACTION ON PROPERTY DEEMED NUISANCE 15. 36. 050 PERMIT License granting power generally 9 . 32 .030 Parade appeal consideration 9. 48. 220 review of administrator's decision 9. 48 . 230 PUBLIC LIBRARY TAX LEVY 2. 92 . 020 RECREATION AND PARKS DEPARTMENT BUDGET ESTABLISHMENT 2. 6o. o6o REFUSE Abatement work. order 8 . 36 . 06.0 Certificate granting power 8 . 20. 200 RESERVE POLICE FORCE .RULES PROMULGATION 2 .52. 120 SANITATION SUPERINTENDENT APPOINTMENT 14 . 32 . 020 TAXICAB Change of operation, application consideration 5. 48 . 090 Rate schedule establishment 5. 48 . 100 COW See ANIMAL CURFEW See also MINOR BEACH, DESIGNATED 13 . 08 . 240 CAMPER FACILITY, DESIGNATED 13 . 28. 210 PARKS, DESIGNATED 13. 48 . 140 -D- DANCE HALL - ADMISSION 5 . 28. 010 CHAPTER APPLICATION 5 . 28 . 220 DANCE DEFINED, BUSINESS LICENSE FEE 5 . 16 . 24o DINNER, DANCING PLACE DEFINED, BUSINESS LICENSE FEE 5. 16 . 24o DISORDERLY PERSON Admittance unlawful 5 . 28. 070 Indecorous conduct prohibited 5. 28 . 090 Proprietor responsibilities 5 . 28 .080 I-22 DANCE HALL (Continued) EXEMPTIONS 5 . 28. 210 HOURS 5 . 28 . 020 LIGHTING Dimming prohibited 5 . 28 . 130 Maintaining during dance required 5 .28. 120 Minimum intensity 5. 28: 110 Required 5 . 28 . 100 MINOR Under sixteen years, prohibited exception 5. 28. 050 unlawful when 5: 28 : 060 Under twenty-one years prohibited exception 5 . 28 . 030 presence unlawful 5 . 28 . 040 MISCONDUCT See DISORDERLY PERSON PERMIT, REVOCATION See also VIOLATION Delivery of notice 5 . 28 . 170 ; 5 :28 . 180 Hearing 5: 28 . 150 Notice 5 . 28 . 160 Statement of cause 5. 28 .140 VIOLATION Penalty 5 . 28 . 190 Permit revocation 5 . 28 . 200 DANGEROUS BUILDING See BUILDING BUILDING, MOVING . DINNER; DANCING PLACE See DANCE HALL DISORDERLY CONDUCT COMPLAINT FILING 9 . 44 . 030 DRINKING IN PUBLIC PROHIBITED . 9 ..44 . 010 RIOTOUS HOUSE PROHIBITED 9 .44 . 020 DOCUMENTARY TRANSFER TAX ADMINISTRATION 3 . 20 . 060 EXCEPTIONS 3 . 20. 040 EXCEPTION--PARTNERSHIP 3 . 20. 050 PAYMENT OF TAX 3 .20. 030 REFUNDS 3 . 20. 070 TAX IMPOSED 3 . 20. 020 TITLE 3 . 20. 010 DOG, CAT AT LARGE PROHIBITED 7 . 12 . 110, 7 . 20 . 010 BEACHES, PIERS PROHIBITED 13. 08 . 070 CAT Breeding permit required ' 7 . 12. 330 restrictions 7 . 12.320 I-23 DOG, CAT (Continued) DOG (Continued) Kennel restrictions 7 . 12 . 340 Spaying, neutering required 7 . 1•2. 300 DEFINED 7 . 04 . 010 DOG Bite See also Rabies report to animal control officer required 7 . 12 . 240 Breeding, permit required 7 . 12 . 330 Defecation on public property 7 .12 . 350 Impoundment See also IMPOUNDMENT generally 7 . 12 . 120 Kennel breeding restrictions 7 . 12 . 310 . cat , defined 7 . 04 . 010 dog, defined . 7 . 04 . 010 License See also Vaccination. rabies vaccination certificate required 7 . 12 . 170 vaccination information 7 . 12 . 180 Rabies See also Vaccination animal kept within contaminated area 7 . 12 . 220 captured animal examined 7 .12 . 190 quarantine, when 7 . 12 . 210 suspected animal examined 7 . 12 . 200 transporting animal out of contaminated area prohibited 7 . 12 . 230 Vaccination certificate 7 . 12 . 160 required 7 . 12. 140 revaccination when 7 . 12 .150 IMPOUNDMENT See also DOG Minimum holding period cat 7 . 12 . 280 dog 7 . 12. 270 Owner notification 7 . 12 . 250 Recovery fee 7 . 12. 260 Unredeemed, sale, destruction 7 .12 . 290 LICENSE See also DOG Certificate expiration date 7 . 12 . 030 , issuance 7 . 12 . 040 Display required when 7 .12 . 080 Exemptions 7 .12 . 070 Fee owner responsibility 7 .12 . 050 penalty, when 7 .12. 060 Nontransferable 7 . 12. 020 Required 7 . 12 . 010 I-24 DOG; CAT (Continued) . TAG Counterfeiting prohibited 7 . 12 . 100 Removal prohibited 7 .12 . 090 Tag issuance 7 . 12. 040 WILD See ANIMAL DRAINAGE Advances from general . fund 14 .48 . 040 Applicability 14 . 48. 060 Area 14. 48 . 020 Fee 14 . 48 . 050 Fund 14 .48. 030 Master plan 14 . 48 . 010 Planned local facilities fund created - 3 . 08 . 070 DRIVEWAY See STREETS AND SIDEWALKS DRUG PROHIBITED SUBSTANCES Designated 9 . 40. 010 Exceptions 9.40. 020 VIOLATION, PENALTY 9. 40. 030 ELECTION CAMPAIGN Contribution restrictions 2 . 04 . 050 Expenditure limitation required 2 . 04 . 060 Statement defined 2 .04 . 020 filing time 2. 04 . 080 required,. contents . 2 . 04 . 070 CANDIDATE Defined 2 . 04 . 020 Provisions , purpose 2 . 04 . 010 Registered voter requirement 2. 04 . 040 Residence requirements 2. 04 . 030 COMMITTEE DEFINED 2 . 04 . 020 CONTRIBUTION DEFINED 2. 04.. 020 DEFINED 2 . 04 . 020 DEFINITIONS 2 . 04 . 020 EXPENDITURE DEFINED 2 . 04 . 020 ELECTRICAL CODE . Title 17 . 48 . 010 I-25 ELECTRICAL (Continued) CODE (Continued) Adoption 17 . 48. 020 Penalty 17 . 48 . 580 FEES Alterations 17 . 48 . 300 New construction 17 . 48 .270 Permit 17 . 48 . 260 Refunds 17 . 48. 310 Schedule 17 . 48 . 290 INSPECTION Annual permits 17 . 48 . 360 Final 17 . 48 .240 PERMIT Annual 17 . 48. 160 Applications 17 . 48 .130 Expiration 17 . 48. 200 Issuance 17 . 48 .140, 17 . 48 .150 Requirement 17 . 48 .170 Temporary 17 . 48 .180 EMERGENCY SERVICE See CIVIL DEFENSE/EMERGENCY SERVICE ORGANIZATION EMERGENCY VEHICLE See AMBULANCE EMPLOYEE See PERSONNEL ENGINEER, CITY ASSISTANT Action regarding street department 2 . 68 .040 Acts in absence of engineer 2 .68. 040 CONTRACTOR, GENERAL, DEFINED 5. 04 . 010 HOUSE NUMBER Designation generally 12 . 08 . 040 irregular 12 . 08 . 160 Location 12. 08 . 050 POWERS, GENERALLY 2 . 68. 020 STREET DEPARTMENT POWERS 2 . 68. 010, 2 .68 . 020 SUBORDINATES, POWER TO APPOINT 2. 68.030 UTILITY STRUCTURE CONSTRUCTION SUPERVISION 12.20. 040 ENGINEERING DEPARTMENT DEFINED 15 . 08. 280 ENVIRONMENTAL RESOURCES DEPARTMENT DIRECTOR 2 . 34 . 020, 2 . 34 . 030 , 2 . 34 .040 ESTABLISHED 2 . 34 . 010 I-26 EXPLOSIVES 'See. FIRE rARM. LABOR CAMPS 8 . 64 . 010 FINANCE DEPARTMENT See also PURCHASING DIRECTOR. See FINANCE, DIRECTOR ESTABLISHED T. 3�10 FINANCE DIRECTOR ADMINISTRATIVE DUTIES GENERALLY 5 . 10 . 0.10 BOND REQUIRED .2 . 36 040 CIGARETTE TAX Assessment , penalties 3 .32. 080 Record inspection 3 . 32. 120 FUNCTION.? DUTIES GENERALLY 2. 36. 020 LICENSE EXAMINATION 5 .10 .030 METER, PARKING Coin collection 10 . 56 . 030 ' Proceeds disposition 10. 56. 040 PURCHASING DIVISION, SUPERVISORIAL DUTIES 3 . 02 . 010 QUALIFICATIONS, MINIMUM 2. 36. 030 TAX ADMINISTRATOR Assessment notices 3. 36 . 230 Inspector, utility tax records 3 , 36 .250 Payment failure notices 3 . 36 .220 Penalty imposition 3. 3-6 . 190 FIRE . ACCESS, BUILDING 17 .56. 170 ALARM SYSTEM REQUIRED WHERE 17 . 56. 250 CHIEF Appointed 2 . 40 . 020 Ex officio duties 2. 40 . 050 Material , occupancy, processes evaluation, permit . issuance 17 . 56 . 330 " Officers , employees appointment 2 . 40. 030 CODE Additions Section 1. 218 17 . 56 . 080 Section 10 . 114 17.. 56 . 120 Section 13 . 301(d) , (e) , (f) , (g) , (h) 17 . 56 . 180 Section 13 . 301. 1 17 . 56. 190 Section 13 . 315 17 . 56 . 200 Section 31-101. 1. 17 . 56 . 230 I-27 FIRE (Continued) CODE (Continued) Adopted 17 . 56 . 010 Amendments generally 17 . 56 . 070 Section 1 . 216 17 . 56. 090 Section 1 . 403 17 . 56. 100 Section ' 10 . 113 17 . 56 .240 Section 10. 40� 17 . 56 . 110 Section 11. 105 17 . 56 .130. Section 12. 102(a) 17 . 56 . 140 Sectionsl2 . 107 , 12 . 108 , 12 . 109 17 . 56. 150 Section 13 . 207 17 . 56. 160 Section 13 . 208 17 . 56 . 170 Section 13 . 307(a) 17 .56 . 250 Section 15 . 104 17 . 56. 210 Section 15 .705(e) ( 4) 17 . 56 . 270 Section 15 .710(c) (8) 17 . 56. 280 . Section 15 .1101 17 . 56 . 290 Section 15. 1102 17 . 56 . 300 Section 31 . 111(c ) 17 . 56 . 310 Corporation council defined 17 .56 . 030 Definitions 17 . 56 . 030, 17 . 56 .loo Municipality defined 17 . 56 . 030 Violation, penalty 17 . 56 . 340 COOKING, COMMERCIAL, SAFETY PRECAUTIONS 17 . 56 .190 CYLINDER, GAS FUEL, STORAGE 17 . 56 . 310 DEPARTMENT Defined 15 . 08 . 290 Employees promotion, conditions 2 . 40. 040 Established 2 .40. 010 EQUIPMENT, PROTECTION, TESTING 17 . 56. 200 EXITS, OBSTRUCTING 17 . 56. 110 EXPLOSIVES Blasting agents , storage restricted 17 . 56. 060 Bond required 17 . 56. 130 EXTINGUISHING SYSTEM Buildings housing combustible material 17 . 08 . 120 Generally 17 . 04 . 130 FIREWORKS See FIREWORKS FLAMMABLES Liquid, container 17 . 56. 210 Material, storage, prohibited where 17 . 56 . 040 HYDRANT See WATER MALL USE 17 . 56. 120 MATERIAL, OCCUPANCY, PROCESS, PERMIT REQUIRED WHEN 17 . 56. 330 PERMIT Denial , appeal. 17 . 56. 320• Requiring discretionary approval 17 . 04 . 140 I-28 FIRE (Continued) PETROLEUM GAS , LIQUEFIED, STORAGE RESTRICTED . 1.7. 56 . 050 PREVENTION See also CODE OIL OPERATIONS Bureau created, duties designated - 11. 56.020 REPORT REQUIRED 17 . 56. 080 STANDARDS 17 . 56.090 TANKS Pipe compliance 17. 56 . 280 . testing 17. 56. 260 System testing 11. 56 . 270 Vehicle .construction provisions 17 . 56 . 300 permit required 17 . 56 .290 UNIFORM FIRE CODE See CODE WELDING; CUTTING, PERMIT REQUIRED 17. 56. 230 WELL, OIL, DRILLING PROVISIONS 17.56 .220 ZONES Established 17. 32 .010 Number one, delimited 17. 32 .020 Number three delimited 17. 32. 040 Number two delimited 17. 32 .030 exception 17 .04 .110 FIREARM See CAMPING FACILITY WEAPON FIRE HYDRANT See WATER FIREWORKS MANUFACTURE 17. 56 .140 SAFE, SANE, PERMITTED 17 . 56 .150 FLY CONTROL ABATEMEMT Board defined 8 .12 .010 Costs 8 .12.090 Hearing determination 8 .12.070 findings 8.12.060 Notice 8 .12 .050 Other remedies not nullified 8.12.100 ADMINISTRATION, ENFORCEMENT 8 .12.110 BREEDING HAZARD Declared nuisance 8 .12 .020 .i I-29 FLY CONTROL (Continued) BREEDING HAZARD (Continued) Defined 8 .12. 010 DAIRY FARM DEFINED 8 .12.010 INSPECTION Authority 8 .12.030 Refusal to grant entry, declared misdemeanor 8 .12 .040 POULTRY RANCH DEFINED . 8.12 .010 STABLE, HORSE, DEFINED 8.12.010 STANDARDS ESTABLISHED, AUTHORIZED 8. 12.080 VIOLATION, PENALTY 8 .12 .120 FOOD HANDLING ESTABLISHMENT ANIMALS PROHIBITED 7.04.090 BUILDING CONSTRUCTION CERTIFICATE REQUIRED WHEN 8 .04 .080 CLOSURE 8. 04 .170 DEFINITIONS 8 .04 .010, 9 .12 .010 FLY CONTROL See FLY CONTROL HEALTH DEPARTMENT Defined 8 .04.010 Officer defined 8.04.010 INSPECTOR DEFINED 8.04 .010 LUNCH WAGON, PROHIBITED WHERE 8 .08 .010, 8. 08. 020 PERMIT Application filing 8 .04.040 investigation 8.04.050 Businesses exempted 8 .04. 030 Issuance 8 . 04.070 Premises compliance required 8 .04.060 Required 8 .04 .020 Revocation hearing 8 .04.140 when 8 .04.130 Suspension general provision 8.04.100 refusing entry to inspector 8.04.150 summary, when 8 .04.160 PREMISES DEFINED 8.04 .010 RULES, REGULATIONS , ENFORCEMENT AUTHORITY 8. 04.180 SANITARY REQUIREMENTS 8 .04.090 VENDING MACHINE Bulk , defined 5 .04 . 010 Business license fee designated 5.16.400 Defined 5 .04 .010 I-30 FOOD HANDLING ESTABLISHMENT (Continued) r VIOLATION. Hearing 8 .04.120 Notice 8 .04.110 FORTUNETELLING PROHIBITED 9 .60 .010 TEACHING PROHIBITED 9.. 60 .020 FOWL, RABBITS AT LARGE Declared nuisance 7 . 20 .020 Prohibited 7. 20.010 COLORING ARTIFICIALLY PROHIBITED 7.20 . 050 KEEPING RESTRICTIONS 7 . 20 .030 NUMBER PERMITTED . 7 . 20 .040 SALE OF YOUNG PROHIBITED 7. 20 .060 FRUIT STAND See FOOD HANDLING ESTABLISHMENT FUND See also Specific Fund CITY Deposit receipts 3.04 .030 Resolution delivery required 3.04 .010 -G- GAMBLING ANYTHING OF VALUE DEFINED 9 .2.4 .010 CARD GAME See also BILLIARD HALL Equipment, un awful, seizure 9 .24 .140 Hours 9 .24 .090 Inspection generally 9 . 24 .120 hindering unlawful 9 .24 .130 Participation, payment prohibited 9 .24 . 070 Permitted when 9 .24 .050 Premises , unlawful use prohibited 9 .24 .100 Winnings 9 . 24 .0.66 CHAPTER INTERPRETATION 9 .24 .140 ESTABLISHMENT PROHIBITED 9 .24 .020 I-31 GAMBLING (Continued) PARTICIPATION PROHIBITED, EXCEPTIONS 9 . 24 . 040 PERMITTING PROHIBITED 9 . 24 . 030 PINBALL MACHINE See PINBALL MACHINE WAGERING VALUABLES OF ANOTHER, UNLAWFUL 9 . 24 . 080 GARBAGE See REFUSE GAS See OIL OPERATIONS TAX FUND 3 . 12. 010 GOAT See ANIMAL GROCERY See FOOD HANDLING ESTABLISHMENT GUN See WEAPON -H- HARBOR See also HARBORS BEACHES DEPARTMENT AIRCRAFT LANDING, PROHIBITED 13 .3 . 050 ANCHORAGE AREA DEFINED 13 . 32 . 020 BOAT See also BEACHES AND PIERS Air, prohibited 13 . 3 . 0 0 Launching, hauling 13 . 36.030 Speed limit 13 . 36 . 020 Towing, prohibited when 13.36 . 010 BULKHEAD LINE Defined 13 . 32 .020 Established 13 . 32. 070 CHAPTER SCOPE 13 . 32 . 010 DEFINITIONS 13 . 32 .020 DEPARTMENT See HARBORS BEACHES DEPARTMENT FLAMMABLES, DISCHARGE PROHIBITED 13 . . 030 MARINA PUMP-OUT FACILITY REQUIRED 13 .44,070 MOORING Defined 13 . 32 . 020 Restrictions 13. 36. 080 PIERHEAD LINES Defined 13 . 32. 020 Established ' 13 . 36. 070 PROPERTY DAMAGING PROHIBITED 13 . 36.040 RUBBISH, REFUSE Deposition prohibited sign posting required 13. 44 . 040 when 13 . 44 . 010 I-32 HARBOR (Continued) RUBBISH, REFUSE (Continued) Storage, prohibited 13 - 44 . 050 SWIMMING AREA Jumping, diving prohibited when 13 . 40 . 030 Protection defined 13 . 32 . 020 Vessels prohibited 13 . 40. 010 Zones designated 13 . 40. 020 TOILET Discharge prohibited 13 ,44 . 020 Restrictions designated 13 . 44 .060 . TURNING BASIN DEFINED 13 . 32 .0.20 . VESSELS DEFINED 13 . 32. 020 WASTE STORAGE .PROHIBITED 13 . 44 . 050 WATERS OF, DEFINED 13 . 32 .020 HARBORS, BEACHES DEPARTMENT DIRECTOR Administrative power 2. 44 . 030 Appointment 2. 44 . 020 Defined 13 - 32 .020 Employee appointment power 2. 44 .040' ESTABLISHED 2. 44 . 010 HEALTH DEPARTMENT DEFINED 8 . 04 . 010 INSPECTOR DEFINED 8. 04 . 010 OFFICER Building construction certificate issuance 8 . 04 . 040 Defined 8 . 04 . 010 Inspecting for fly-breeding hazard 8 . 04 . 030 HOME OCCUPATION BUSINESS LICENSE REQUIRED 5. 04 . 0110 DEFINED 5 . 04 . O10 HOTEL DEFINED 5 . 04 . 010 HOUSING BUILD, .CONSTRUCT DEFINED 17 . 08 . 040 CODE ADOPTED 17 . 08 .020 FLOOR SPACE, MINIMUM . Specified 17 .08 . 050 Violation unlawful 17 .:08.,030 1.-3 3 i HOUSING (Continued) REGULATIONS ,. STATE ADOPTED 17 .04.050 TITLE 17 .08.010 -I- IMPOUNDMENT See ANIMAL BICYCLE INDECENT EXPOSURE BOTTOMLESS DANCING PROHIBITED, DECLARED MISDEMEANOR 9 . 36.030 DRESSING, DISROBING PUBLICLY PROHIBITED 9 .20. 010 EXCEPTIONS 9 . 36 .066 PERSONS ACCESSORY, PROHIBITED, DECLARED MISDEMEANOR 9 . 36 . 050 REGULATIONS ADOPTION, INTERPRETATION 9436 . 010 THEATER DEFINED 9 .36 .020 TOPLESS DANCING PROHIBITED, DECLARED MISDEMEANOR 9 .36 .040 INDUSTRIAL WASTE See POLLUTION, INDUSTRIAL WASTE INHALANT See DRUG INOPERATIVE VEHICLE I See also VEHICLE ABANDONMENT UNLAWFUL 8 .48.180 CHAPTER PURPOSE 8 .48.010 DEFINED 8. 48 .020 DEFINITIONS 8.48 .020 HIGHWAY DEFINED 8.48.020 NUISANCE Declared 8 .48.150 Not authorized 8 .48.040 PROPERTY, PUBLIC DEFINED 8 .48. 020 REGULATIONS Application not exclusive 8 .48 .050 specified 8.48.030 Enforcement authorized 8.48 . 060 REMOVAL Council action cost assessment 8.48.086 generally 8 .48 .070 order form 8 .48.120 I-34 INOPERATIVE VEHICLE (Continued) REMOVAL (Continued) Hearing formal 8.48.110 highway. patrol notification 8 .48.140 procedure, preliminary 8.48,.090 Motor Vehicle Department, notification 8.48 ..160 Order 8. 48. 150 .. Property owner not liable when 8 .48 ,130 responsibility, cost as lien 8.48.170 Required, noncompliance. unlawful 8.48 .190 VEHICLE DEFINED 8.48.020 INSTITUTION, CHARITABLE COLLECTOR IDENTIFICATION CARD REQUIRED 5 . 36.130 DEFINED, BUSINESS FEE EXEMPT 5 .12,030 FILING WITH CITY COUNCIL REQUIRED 5 . 36.120 . -J- JUNK COLLECTOR Ae See also INSTITUTION, CHARITABLE BUSINESS LICENSE REQUIRED 5, 36.110 BUY-FORM Defined 5 . 36 .140 Identification 5.36.160 Records See RECORDS Required exemption 5 . 36. 260 when 5 . 36.150 DEFINED Business fee designated 5.16 .160 Generally 5 .36 . 100 GOODS_ Altering prohibited 5 . 36.220 Export prohibited when 5 . 36. 250 Holding generally 5. 36. 240 period 5 .36..200 Release 5. 36 .230 HOURS 5 . 36. 040 MINORS, DEALING WITH PROHIBITED 5.36 .030 PROVISIONS , COPY DISPOSITION 5.36.290 RECORDS Exemption 5 . 36. 276 I-35 JUNK COLLECTOR (Continued) RECORDS (Continued) Police file 5. 36 . 190 Retention period 5 . 36. 180 SELLER, PLEDGER IDENTIFICATION 5. 36 ,170 JUNK DEALER BUSINESS LICENSE Fee 5 . 16. 1.70 Required 5 . 36 . 090 BUY-FORM Defined 5. 36 . 140 Identification 5. 36 .160 Required exemption 5 . 36 . 260 when 5. 36. 150 DEFINED 5 . 36 . 080 GOODS Altering prohibited 5 .36. 220 Destruction, selling prohibited exemptions 5 . 36 .260, 5. 36. 280 when 5 . 36. 210 Export , prohibited when 5. 36.250 Holding generally 5. 36 .2.4.0 period 5 . 36 .200 Release 5 . 36 . 230 HOURS 5. 36 . 040 MINORS, DEALING WITH PROHIBITED 5 . 36 . 030 PROVISIONS, COPY DISPOSITION 5 . 36 .290 RECORDS Exemption 5 . 36 . 270 Police file 5 . 36 .190 Retention 5 . 36. 180 SELLER, PLEDGER IDENTIFICATION 5 .36. 170 JUVENILE See MINOR -L- LABOR CAMPS, FARM 8 . 64 . 010 LAW ENFORCEMENT OFFICER See POLICE OFFICER LIBRARY, PUBLIC BOARD OF TRUSTEES Additional powers 2 . 88 .160 Annual report duty 2 . 92 .010 I-36 t LIBRARY, PUBLIC (Continued) BOARD OF TRUSTEES (Continued) Compensation 2 : 88 . 020 Initial terms of office 2. 88 .030 Enforcement of regulations 2 . 88 .100 Gift , bequest acceptance 2 . 88 .110 Laws, rules , authority to obtain 2 . 88 . 140 . Lending rules . authority to make 2 . 88 .150 Meetings regular 2 . 88 . 050 special 2 . 88 . 060 Members 2 .88. 010 President , appointment 2.. 88 . 080 Purchase of materials 2 . 88 . 130 Quorum 2 .88 . 070 Vacancy filing 2 . 88 . 040 CONTRACTS WITH CITIES, COUNTIES, FOR LOAN OF BOOKS 2. 84 . 030 DONATIONS, SECURITY PROVISIONS 2 .92. 050 . DUTIES, DISTRIBUTED 2 . 84 . 060 ESTABLISHED, AUTHORITY 2 . 84 . 010 FUND Apportionment 2 .92 .040 Demands payment 2 .92. 060 presentation 2 . 92 .070 Report required 3. 04 . 040 Resolution, delivery required 3 .04 . 020 MEETINGS, MINUTES, FILING 2. 88 . 090 PROPERTY TITLE 2 . 84 . 040 STATE LAW COMPLIANCE REQUIRED 2 . 84 .050 TAX Levy authority 2 . 92 . 020 Rate 2 . 92 . 030 USE GENERALLY 2 . 84 . 020 LICENSE See also BUSINESS LICENSE BICYCLE 10 .BT. 010 DOG 7 . 12 . 010 CAT 7 . 12. 010 MOBILE X-RAY UNIT OPERATION 8 . 56. 030 SUNDECK, CONSTRUCTION 17 . 24 . 070 SUPERVISOR Duties generally 5 .10. 020 License examination 5. 10. 030 LIQUOR See Specific Subject I-37 LOADING See PARKING LUNCH WAGON See FOOD HANDLING ESTABLISHMENT -M- MARBLE MACHINE See PINBALL MACHINE . MARCH See PARADE MASSAGE PARLOR DEFINED 5. 24 . 020 INVESTIGATION FEES 5 . 24 . 070 MASSEUR Permit display 5. 24 . 120 required 5. 24 . 010 return, when 5 .24 .130 Unlicensed, employment prohibited 5 . 24 . 110 PERMIT Application 5 . 24 . 040 Issuance 5 . 24 .050 Refusal, appeal 5 . 24 . 060 Required 5. 24 . 010 Revocation ' hearing 5 . 24 . 090 procedure 5 . 24 . 080 PREMISES OPEN FOR INSPECTION 5. 24 . 100 PROVISIONS APPLICABILITY 5 . 24 . 030 RULES, REGULATIONS 5 . 24 . 140 MASSEUR See MASSAGE PARLOR MAYOR RECREATION AND PARKS COMMISSION Ex-officio member 2 . 64. 050 Member appointment power 2 . 64 . 030, 2 .64 . 040 MEAT MARKET See FOOD HANDLING . ESTABLISHMENT MECHANICAL CODE Adopted 17 . 40 . 010 Amendments Section 201(c ) 17. 40. 030 Section 203 17 . 40. 040 Section 303(b) 17 . 40.050 I-38 MECHANICAL (Continued) CODE (Continued) Amendments (Continued) Section 303(d) 17 . 40. 060 Section 304 17 . 40. 070 Section 403 17 . 40. 090 Section 404 17 . 40 .100 Title 17 .40.020 FEES Refund 17 . 40 .080 MINOR BILLIARD HALL Permitted when 9 . 32 .100 Prohibited when 9. 426050 CURFEW Exceptions 9, 68 . 030 Parent cooperation required 9. 68. 080 ignorance no defense 9 .68 . 040 Police. power enforcement 9. 68. 050 remanding" to home 9 . 68 .070 taking custody of 9 . 68 060 Under eighteen years , when 9 . 68 . 010 Under sixteen ..years , responsibility designated 9 . 68. 020 Violation, penalty 7 .68 . 090 MISDEMEANOR BOTTOMLESS DANCING 9 . 36 .030 CIGARETTE TAX VIOLATION 3 .32.130 CODE VIOLATION 1. 16 . 010 CONSTRUCTION WORK, VIOLATION 12. 12 .080 FLY CONTROL INSPECTOR, REFUSING ENTRY TO 8 .12. 040 HOUSE NUMBERING PROVISIONS, FAILURE TO COMPLY 12 . 08 .170 INDECENT EXPOSURE See also Specific Acts Person accessory 9 . 46. 050 INDUSTRIAL POLLUTION, REFUSAL TO ABATE 8 . 24 .100 NUISANCE, MAINTAINING 1. 16.020 OBSTRUCTING DISASTER, EMERGENCY ACTIVITY 8 .60.170 OIL OPERATIONS Permit violation 15. 12.180 Production report failure to file 15 . 32 . 030 falsification 15. 32 . 040 PARADE, PROVISIONS VIOLATION 9. 48 . 250 PARKS REGULATIONS VIOLATION 13. 48 .150 I-39 MISDEMEANOR (Continued) PINBALL MACHINE Activities associated with 9 .28 .010 Possession continued 9 . 28. 080 first offense 9 . 28. 060 PROPERTY, CITY, DAMAGING 9 . 52. 010 RUBBISH, FAILURE TO ABATE 8 . 36 . 120 SIDEWALKS, FAILURE TO MAINTAIN 12. 28 . 170 TOPLESS DANCING 9 . 36. 040 VEHICLE, INVALID, USE VIOLATION 10. 88 . 130. MONKEY, CHIMPANZEE See ANIMAL MOTEL BUSINESS FEE DESIGNATED 5 .16 . 270 DEFINED 5 . 04 . 010 MOTION PICTURE THEATERS 5 . 52. 010 MOTORCYCLE See also TRAFFIC CHAPTER PURPOSE 8 . 44 . 010 DECLARED NUISANCE 8 . 44 . 010 DEFINED 8 . 44 . 020 DEFINITIONS 8 . 44 . 020 HIGHWAY DEFINED 8 . 44 . 020 MOTOR-DRIVEN CYCLE DEFINED 8 .44 . 020 OPERATION PROHIBITED WHERE 8 .44 . 030 PERMIT Contents 8 . 44 . 050 Refusal, appeal 8. 44 . 060 Required when 8 . 44 . 040 Revocation, suspension 8 . 44 . 070 PROPERTY, UNIMPROVED, PRIVATE, DEFINED 8 . 44 . 020 MOTOR-DRIVEN VEHICLE See MOTORCYCLE MOVING BUILDING See BUILDING, MOVING -N- NOISE See also OIL OPERATIONS AIRPORT Landing, prohibited when 9 . 56. 030 I-40 NOISE (Continued) AIRPORT (Continued) Provisions , conflict 9 . 56 . 040 Restriction necessary 9 . 56 . 01.0 Take off 'prohibited when 9 . 56 .020 PROHIBITED, SPECIFICATIONS 8 . 4o. 020 RESTRICTION NECESSARY 8 . 40. 010 NUISANCE ABATEMENT REQUIRED 1. 16. 060 ANIMAL CARCASS 7 . 04 . 060 FAILURE TO COMPLY WITH PARTICULAR TIME LIMITS 15 . 24 . 160 FLY-BREEDING HAZARD 8 . 12 . 020 FOWLS, RABBITS. AT LARGE 7 . 20. 020 MAINTENANCE DEEMED MISDEMEANOR 1 .16. 020 . MOTORCYCLE, WERE 8 . 44 . 010 OIL OPERATIONS Noise, when 15 . 20 .160 Sites, when 15 . 36. 010 PINBALL MACHINE 9. 28. 100 RUBBISH ACCUMULATION 8 . 36 , 020 STABLING NEAR DWELLING 7 . 20, 080 STANDING WATER. 8. 32. 010 STREET WORK PROVISIONS VIOLATION . 12. 12 , 080 UNREQUESTED SOLICITATION 9 . 64 , 015 VEHICLE, INOPERATIVE 8 . 48 . 150 WEEDS 8 . 16. 020 -0- OIL OPERATIONS See also WATER, OIL WASTE ADMINISTRATOR, CITY, DEFINED 15 . 08,120 A. P. I .. DEFINED 15. 08. 030 APPEAL PROCEDURE 15. 04 . 060 APPROVED, DEFINED 15 . 08 . 040 ATTORNEY, CITY, DEFINED 15 . 08 . 130 BARREL OF OIL DEFINED 5 .32 . 070 BLOW-OUT Defined 15. 08. 060 Prevention provisions 15 . 20.180 Preventor defined 15. 08. 070 BOARD OF ZONING ADJUSTMENT DEFINED 15. 08 . 050 BOND Accompanies application for well 15 .16 . 020 Contents 15. 16 . 040 Default 15 . 16. 070 I-41 OIL OPERATIONS (Continued) BOND (Continued) Form 1.5. 16 . 030 Required , exception 15 .16. 010 Substitution amount 15. 16. 060 generally 15. 16 . 050 Termination 15 .16 . 080 BOUNDARY LINE, OUTER DEFINED 15. 16.400 BUILDING Code defined 15. 08 . 080 Department defined 15. 08 . 000 Permit defined 15. 08. 100 required 15 .12 . 060 BUSINESS LICENSE FEE DESIGNATED 5. 16. 200 CELLAR Defined 15. 08 . 110 Regulations 15 . 20. 190 CLEAN UP Requirements generally 15 . 24 . 010 Spills 15. 24 . 020 CLERK, CITY, DEFINED 15. 08. 140 CODE, ENFORCEMENT AUTHORITY 15. 04 . 100 COUNCIL DEFINED 15 . 08 . 160 DEFINED 15 . 08 . 370 DEFINITIONS 15. 08 . 010, 5 . 32. 070 DEPARTMENT,. FIELD CONTROL, DEFINED 15 . 08 . 170 DERRICK Bracing 15. 20. 030 Defined 15 . 08 .180 Equipment , defined 15. 08 .190 Removal 15 . 20 . 040 Specifications 15. 20. 020 DESERTION DEFINED 15. 08 .200 DILIGENCE DEFINED 15 . 08 . 210 DIVISION, GAS, OIL, DEFINED 15. 08 .240 DRILLING See also WELL Defined 15 . 08 . 250 Directional , defined 15 . 08. 220 Equipment , defined 15 .08 . 260 Fee delinquency 15. 12 . 170 due when 15 . 12.110 liability designated 15. 12 . 160 Fire safety provisions 17 . 56 . 220 Inspection 15 . 20. 050 Permit required 15. 08 . 020 Surfacing roads, drill sites 15 . 20. 120 I-42 OIL OPERATIONS (Continued) DRILL SITE DEFINED 15. 08 . 270 ENGINEERING DEPARTMENT DEFINED 15. 08. 290 EXCEPTIONS, SPECIFIC SECTIONS SPECIFIED 15 . 24 . 150 FENCING REQUIREMENTS 15. 20.230 FIRE Department defined 15. 08 . 290 Prevention See also Specific Subject ignition, source 15 . 20. 270 no smoking signs 15. 20.280 standards 15 . 20,260 GAS Defined 15. 08 . 300 Emission, burning prohibited 15. 24 . 070 HEATER, RECOVERY Defined 15. 08. 360 Fee . 15. 12. 110 Permit required 15. 12.050 Specifications 1-5.20.240 IGNITIONS, SOURCE DEFINED 15, 08. 48.0 INSPECTION Fee delinquency 15 .12. 1`70 due when 15 .12 .090 liability assigned 15. 12 . 1.60 Permit 15 . 12 . 030 LESSEE DEFINED 15 .08 . 320 LESSOR DEFINED 15 . 0.8 . 339 LICENSE .Fee base , due when 5. 32 . 040 delinquent when 5 . 32 .060 quarterly 5 • 32 . 05.0 required .5, 32.030 Renewal 5 . 32 . 080 Required 5. 32 , 010 Suspension generally 5 . 32. 090 not to bar prosecution 5. 32 .100 Term 5. 32 . 020 LIGHT RESTRICTIONS 15. 20 .060 MAINTENANCE DEFINED 15. 08 . 340 MOTORS, LOCATION 15. 20. 250 N;OISE, OPERATIONAL, DEEMED NUISANCE WHEN 15. 20. 160 NUISANCE See also Specific Subject Declared when. '15.36 . 010 ODpRS, OFFENSIVE PROHIBITED . 15.24. 060 I-43 OIL OPERATIONS (Continued) OIL FIELD Committee created 15. 04 .040 . Superintendent See OIL FIELD SUPERINTENDENT OIL FIELD SUPERINTENDENT Appointed 15 . 04 . 030 Right of entry 15 .04 . 050 Site deemed nuisance abatement notice 15 .36. 030 description 15 . 36. 020 Well reactivation, application, investigation 15. 40. 050 OPERATOR DEFINED 15. 08 .390 OWNER DEFINED 15 . 08 . 410 PERMIT See also Specific Activity Additional 15 . 12. 150 Fees See also Specific Fee delinquent , penalty 15 .12 . 170 liability assigned 15. 12 .160 required 15. 12 . 080 Invalid when 15. 12. 140 Obtained how 15 .12 . 120 Required when 15. 12 .010 Revocation effect 15 .12 .210 grounds 15 . 12 . 200 Scope 15 .12. 130 Violation continuance 15. 12 .190 declared misdemeanor 15. 12.180 PIPELINE, BURIAL REQUIRED 15 . 24 . 140 PLANNING COMMISSION DEFINED 5. 08 . 430 PLANT, ABSORPTION, GASOLINE 15 .08 . 350 POLLUTION See WATER OIL WASTE PROCESSING DEFINED 15 . 0b . 440 PRODUCTION REPORT Falsification, deemed misdemeanor 15 . 32 ..040 Filing date 15. 32 . 020 failure deemed misdemeanor 15 . 32 . 030 PROPERTY CONSIDERED NUISANCE Abatement assessment , notice 15. 36. 080 civil action 15. 36. 110 finance department action 15 . 36 .090 lien, notice 15. 36. 100 notice , form 15. 36. 040 notification of property owner, lessee 15 . 16 . 030 I-44 OIL. OPERATIONS (Continued) PROPERTY CONSIDERED NUISANCE (Continued) Abatement (Continued) payment to field superintendent , receipt 15. 36 . o70 procedure, cost assessed 15 . 36. 0.60 Conditions specified 15. 36. 020 Council action 15.. 36. 050 PROSPECTING, SEISMIC Defined 15 .08 .460 Prohibited 15. 24 . 040 PUBLIC PROPERTY, ENCROACHMENT Permit required 15 .12 .020 Prohibited when 15. 20.010 . . PUBLIC WORKS DIRECTOR DEFINED 15 .08.230 REACTIVATION Application board of zoning adjustment , action 15.40. 060 fee 15 . 40. 030 filing 15 . 40 : 020 recommendation, field superintendent 15 . 40 . 050 referral, board of adjustments 15 . 40.-040 termination 15.40. 010 Permit See also Application Revocation conditions 15 . 40 . 080 issuance 15 . 40 . 090 required 15 . 40. 010 References include future amendments 15 . 40. 150 Revocation appeal 15 .40. 140 effect 15 . 40. 130 hearing 15. 40. 110 investigation, findings 15. 40 . 100 notice 15. 40. 120 RECORDS REQUIRED 5 . 32.120 REDRILLING See also DRILLING Defined 15. 08 . 450 SAFETY See also DERRICK DRILLING Sight angle requirement 15420.220 SETBACK Compliance required, procedure 15 . 20 . 210 Requirements 15 . 20 .200 SHOTHOLE DEFINED 15. 08. 470 SHUT-IN DEFINED—15. 08.510 i.-45 OIL OPERATIONS (Continued) SIGN See also SAFETY More than one well 15 . 20. 080 Size 15. 20 . 070 SITE Access 15 . 24 . 110 Defined 15 . 08 . 380 . Landscaping 15 . 24 . 120 Location restrictions See also DRILLING WELL generally 15. 20. 130 Maintenance requirements, exceptions 15 . 24 . 150 Soundproofing required when 15 . 20 . 140 Sump pond, unlined, skim pond prohibited 15 . 20 . 110. SPRINKLER, AUTOMATIC, REQUIRED 15. 24 • 130 STATEMENT REQUIRED 5 . 32 . 110 STRUCTURE Defined 15 . 08 . 490 Wooden, removal required 15. 20. 300 SUMP DEFINED 15 - 08. 500 TANK Defined 15 . 08 . 520 Farm, defined 15 . 08 . 530 Storage, requirements 15 . 20. 290 TIME LIMITS, FAILURE TO OBSERVE DEEMED NUISANCE .15 . 24 . 160 TITLE Named 15- 04 . 010 Purpose 15- 04 . 020 VIOLATION Cease , desist 5 . 04 . 110 Penalty 5. 36 . 140 WALL, GATES Compliance , grace period 15 . 24 . 090 Locks required 15. 24 . 100 Required 15 . 24 . 080 WASTE See WATER, OIL WASTE WELL See also REACTIVATION Abandonment defined 15 . 08 . 020 prior to title adoption 15 - 32 . 100 procedure 15. 32 . 090 Acquisition 15- 04 . 080 Agent appointed 15 . 04 . 070 Completion 15- 08 .150 Defined 5 . 32 . 070,, 15 .08. 540 . . Gas producing, . maintenance provision 15. 32. 080 Head, access required 15 . 20. 170. I-46 OIL OPERATION (Continued) WELL .(Continued) - Idle See also . Abandonment. equipment removal required 15 . 32 .050 site restoration 15':32;060 time limit,. regulation compliance 15. 32 . 070 when 15 . 32c010 Injection 15. 08. 310 Pulling, restriction " 15.20J50 Servicing defined 15 . 08 . 550 equipment removal 15. 20. 310 maintenance required 15, 24 .050 pulling line removal 15 . 20..330 yard requirements 15.20. 320' Transfer 15. 04 . 090 WHIPSTOCK DEFINED 15, 08.560 OIL WASTE 14 . 24 . 010 ORGANIZATION, CHARITABLE, NONPROFIT See INSTITUTION CHARITABLE -P- PALMISTRY See FORTUNETELLING . PARADE DEFINED 9. 48. 010 INTERFERENCE PROHIBITED 9. 48 . 030 PERMIT" Appeal council action 9. 48 . 2.20 filing 9 . 48 :210 procedure 9.48. 160 Application contents 9. 48 . 050 filing 9 . 48 .040 investigatory procedure 9 . 48 . 080 late 0. 48.170 reconsideration 9.48 . 140 Bond required 9.48. 100 Contents 9i. 48. 150 Decision i See also Granting council review 9.48. 2.30 final , exception 9.48 . 090 Denial See also Appeal Revocation. w hen 9 . 48. 130 I-47 PARADE (Continued) , PERMIT (Continued) Fee 9 . 48 . 070 Granting conditions . 9. 48. 110 officials notified 9 . 48.180 Issuance 9. 48.120 Other than applicant 9 . 48. 060 Required exception 9. 48. 240 generally 9. 48. 020 Revocation See also Denial when 9 . 48. 200 PROHIBITED WHEN 9 . 48.190 VIOLATION, DECLARED MISDEMEANOR 9. 48 . 250 PARKING ALLEY See also LOADING TRAFFIC One-way, restrictions 10. 28 . 060 ANGLE One side of street , prohibited when 10. 40 . 220 Road width, minimum 10. 40.210 . BEACH 13- 16. 010 CURB PAINTING See also Specific Subject Generally 10. 40.250 DIAGONAL, WHERE 10 .40. 200 LOADING Alley 10. 48 . 110 Curb marking 10. 48.050 Permit , issued when . 10. 48 .140 Pier 13 . 12. 060 Space limit 10. 48 . 020 Time limit abuse prohibited 10 . 48. 080 extension prohibited where 10. 4.8 .150 materials 10. 48 . 060 passenger 10. 48 . 070 Zone bus 10 . 48 .120 designation authority 10 .48 . 010 identification 10. 48. 030 passenger, restriction] 10. 48. 040, 10 . 48 . 100 yellow, restrictions 10. 48 . 090 LOTS, CITY OWNED Regulations 10- 52. 010 Violation, penalty 10- 52 . 020 I-48 PARKING (Continued) METER See PARKING METER MORNING HOURS; RESTRICTIONS, EXCEPTIONS 9 . 48 . 130 NO STOPPING ZONE 9.40. 240 PARALLEL, WHERE 10 . 40. 150 PERMIT See also Specific Permit Compliance, revocation 10 . 40.160 PROHIBITED AREAS Designated 10 . 40: 050 Highway grade 10. 40.120 ` Maintenance authority 10. 40. 040 Parkway 10. 40. 030 Pier; when 18 .1L 050 Streets ; narrow 10. 40. 110 PROVISIONS Applicability 10. 40. 010 Nonexclusive 10. 40. 020 RESTRICTIONS GENERALLY, EXCEPTIONS 10. 08 . 090 SCHOOLS; ADJACENT, PROHIBITED 10. 40.100 SIGN ERECTION; AUTHORITY DESIGNATED 10. 40 . 170 SPACE MARKINGS 10. 48..230 TIME LIMIT See also LOADING One hour 10. 44 . 030 Twelve, .twenty-four minute , hours restricted 10.44 . 010 violation 10. 44. 020 Two. hour 10. 44 . 040 Vehicles specified 10.44. 060 Violation, continuing 10.44 . 050 VEHICLE Disabled, warning signal required 10. 48 .180 Removal 10. 40. 260 Repair; greasing prohibited where 10 . 40. 080 Sale, display prohibited where 10 . 40 . 070 Storing prohibited where 10. 40.060 Transporting property, permit required 10. 40 . 150 Vending; peddling permit required 10.46. 140 restrictions 10 : 40. 130 Washing, prohibited where . 10. 40. 090 VIOLATION, VEHICLE REMOVAL 10. 48.180 PARKING METER COIN Collection 10- 58. 030 Collector, bond required 10-56. 050 Deposit required 10. 68 . 010 CURB MARKING 10. 64 . 040 DEFINED 10..04 . 090 I-49 PARKING METER ' (Continued) r DEFINITIONS 10. 58 . 010 DIRECTOR DEFINED 10. 56 . 010 FREE TIME, WHEN 10 .68. 050 INSTALLATION 10 . 64 . 010 OPERATION PRESCRIBED Generally 10 . 64 . 070 Time, coin designation generally 10 . 60 . 020 specified 10. 64 . 080 Variance .10 . 60 .030 OVERTIME Business zone 10 . 68 . 020 Recreational zone 10: 68 . 040 Residential zone 10 . 68 . 030 PERMIT ISSUANCE, FEE 10 . 68 . 080 PROCEEDS Dispositions 10. 56 . 040 Use 10. 56 . 060 PROVISIONS Not to conflict with other regulations 10 . 68 :090 Supplemental to other regulations 10 . 56 . 020 ROADWAY DEFINED 10. 56. 010 SIDEWALK DEFINED 10. 56. 010 SIGN Location 10. 64 . 030 Maintenance 10. 64 . 020 SLUGS PROHIBITED 10. 68 . 060 STREET DEFINED 10. 56 . 010 TAMPERING WITH PROHIBITED 10. 68. 070 VEHICLE Defined 10. 56 . 010 Position improper 10 . 64 . 060 marked 10. 64 . 050 VIOLATION Account kept , authority designated 10. 56 .070 Notice 10. 56. 090 Penalty exception 10. 56.110 generally 10. 56. 100 Recordation form 10. 56. 080 ZONES Defined 10 . 56. 010 Established 10. 60. 010 Highway , state 10 . 60. 040 i PARKS ADVERTISING SIGN PROHIBITED WHEN 13. 48 . 140 ALCOHOLIC BEVERAGE Defined 13 . 48 . 010 Possession prohibited 13 .48. 110 I-50 } PARKS (Continued) .ANIMAL PROHIBITED WHEN 13 . 48 ..070 CAMPING See CAMPING FACILITY COMMISSION See RECREATION AND PARKS COMMISSION CURFEW DESIGNATED . 13. .130 DEFINITIONS . 13 . 48 . 010 DEPARTMENT See RECREATION AND PARKS DEPARTMENT GAMBLING PROHIBITED 13 .48. 090 GAME RESTRICTIONS 13 .48.120 INDECENT CONDUCT PROHIBITED 13 . 48 . 080 PEDDLING PROHIBITED 13 . 48 . 100 SIGNS PROHIBITED WHEN 13. 48 . 140 TOILETS,. PUBLIC 13 . 48 . 040 TRASH, GARBAGE CONTROL 13 .48. 050 UNLAWFUL ACTS GENERALLY 13 .4.8. 02'0 VANDALISM PROHIBITED 13 . 48. 030 VEHICLE OPERATION 13. 48 . 060 VENDING PROHIBITED 13 . 48 .100 VIOLATION, PENALTY 13 . 48 .150 PATROL; PRIVATE BUSINESS LICENSE Required 5. 48. 040 Suspension 5 40. 210 CERTIFICATE OF NEED, NECESSITY Application 5. 40. 030 Council action 5. 40 .060 Inactive 5. 40. 220 Investigation . 5 . 40. 050 Modification 5 . 40 . 100 Police chief action 5. 40 .110 Required 5. 40 . 020 Suspension 5. 40 210 DEFINITIONS 5. 40. 010 EQUIPMENT Badges , caps approval 5. 40. 130 surrender 5. 40 .150 unlawful display 5 . 40 . 140 Designation authority 5 .40 . 120 Identification card, badge, required on' duty 5 . 4o . 160 Uses generally 5. 40 . 170 PATROLMAN Defined 5 . 40. 010 Investigation 5. 40. 20.0 License application 5 . 40. 080 employment without , prohibited. 5. 40.070 issuance 5. 40.090 I-51 PATROL, PRIVATE (Continued) PATROLMAN (Continued) Performing; official police duty prohibited 5 . 4o. 18o RULES, REGULATIONS 5. 40. 190 SERVICE DEFINED 5 . 40. 010 PAWNBROKER BUSINESS LICENSE Fee 5 . 16 . 220 Required 5 . 36. 020 BUY-FORM Defined 5 . 36 . 14o Identification 5.. 36 .160 Records see RECORDS Required exemption 5. 36 . 260 when 5. 36. 150 DEFINED 5. 36. 010 GOODS Altering prohibited .5 . 36 . 220 Export prohibited when 5. 36 .250 Holding generally 5436. 240 period 5 . 36. 200 Release 5 .36. 230 HOURS 5. 36 . 040 MINOR, DEALING WITH PROHIBITED 5.36 . 080 RECORDS Exemption 5 . 36 . 270 Police file 5 . 36. 190 Retention 5 . 36. 180 PROVISIONS FURNISHED 5. 36. 240 SELLER, PLEDGER IDENTIFICATION 5. 36.170 SHOP DEFINED 5 . 36 . 010 PEACE OFFICER See POLICE DEPARTMENT PEDDLER See also CANVASSER SOLICITOR DEFINED 5 . 0 . 010 PERMIT AMUSEMENT, ENTERTAINMENT 5. 44 .010 ANIMAL HUSBANDRY 7 . 20.120 ANIMAL, WILD, KEEPING Commercial establishment 7 . 24 .130 Individual 7 . 24 .030 I-52 ..a= PERMIT (Continued) BEACHES, PIERS Business 13 . 24. 100 . Construction 13 . 24 . 010 Motor vehicle 13 . 24. 030 Special use 13.24 . 210 BENCH . 12 . 36 . 030 BILLIARD, POOL HALL 9 . 32.010 BUILDING Moving 17 .28 . 010 Welding, cutting 17. 56 .230 When 17 . 52. 010 CARRYING CONCEALED WEAPON 9 . 80.030 DANCE HALL 5 . 28. 140 DISPOSAL 15. 12.040 DOG, CAT BREEDING 7 .12. 330 ELECTRICAL 17 . 48 .130 FIRE HYDRANT 14 . 16.120 FIREWORKS 17 . 56.150 FOOD HANDLING ESTABLISHMENT 8 . 04 . 020 MASSAGE PARLOR 5. 24 .010 MASSEUR 5. 24 . 120 MOTION PICTURE 5. 52. 020 MOTORCYCLE ON, PRIVATE PROPERTY 8 .44. 040 OIL OPERATIONS Building 15 .12. 060 Drilling, redrilling 15 .12. 020 Encroachments on public property 15 .12. 070 Generally 15.12 . 010 Heater, recovery. 15 .12. 050 Inspection 15 . 12.030 Waste water disposal 15 . 1.2 . 040 sewer connection 15.28. 010 Well reactivation 15. 40 . 010 PARADE 9. 48. 020 PARKING Loading 10.48 .140 Vehicle transporting property . 10.4.0. 150 vending 10. 40. 140 PLUMBING 17 . 44 .. 080 POLLUTION, INDUSTRIAL WASTE, DISPOSAL 14 .24.040 . STREET, SIDEWALK Construction 12 . 12. 050 Contractor 12 . 12 .100 Obstruction 12. 20. 020 SWIMMING POOL 17 . 52. 060 VEHICLE Invalid 15 .88. 020 I-53 PERMIT (Continued) VEHICLE (Continued) Overload 10- 32. 040 Tank 17 - 56 . 290 TAXICAB DRIVER 5. 48 . 2.50 WAY, PUBLIC; . OBSTRUCTING 12. 12. 010 BOARD Created 2 .72 . 050 Duties . 2 . 72 .080 Members , terms , officers 2.72 . 060 Vacancies , filling 2 .72 . 080 COMPETITIVE SERVICE, EXCLUSIONS, .DESIGNATED 2 . 72 . 010 DEPARTMENT CREATED 2 .72. 020 DIRECTOR Appointment 2. 72. 030 Duties 2. 72. 040 EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 2 .72 .100 POLITICAL ACTIVITY Allowed where . 2 .76 . 060 Campaign fund solicitation prohibited 2 .76. 030 participation prohibited 2 .76 . 090 In uniform, prohibited 2 .76. 080 Prohibited in city offices 2.76 .040, 2 .76 .050 Restricted 2 .76. 020 Use of authority to influence vote prohibited 2 .76. 070 RULES, REGULATIONS ADOPTION 2. 72 . 090 SYSTEM, ADOPTED 2 .72 . 010 PINBALL MACHINE See also GAMBLING DECLARED NUISANCE 9 . 28.100 DESCRIPTION 9 .28 .020 . EXEMPTIONS. 9 . 28.110 POSSESSION Confiscation 9 . 28. 070 Continued, penalty 9. 28 . 080 Prohibited, declared misdemeanor 9 . 28 . 060 PROHIBITED, DECLARED MISDEMEANOR, PENALTY 9 . 28 . 010 PROVISIONS Adoption, reason 9. 28. 090 Supplement state law 9.28. 050 SEIZURE Destruction 9. 28. 030 Money to city treasury 9. 28. 040 . PISTOL See WEAPON I-5 4 I PLANNING . DEPARTMENT COMMISSION DEFINED 15 . 08 . 430 DIRECTOR Appointment 2: 48. 020 Powers; duties generally 2. 48 . 030 Subordihate. appointment power 2. 48 . 040 ESTABLISHED 2. 48. 010 PLUMBING CODE Adoption. 17 : 44: oo Application : 17 : 44 . 040 Title 17 : 44 : 020 Ameridinents section 613 17 44-. 175 section 1007 (g) 17 . 44 .180 section 1008(c) 11 44 . 190 section 1009(h) . 17 . 44 . 200 table 10-2 17 : 44 . 210,. section 1107(f) 17 . 44 -. 220 DEFINITIONS 17 . 44 . 030 FEE Investigative 17 . 44 .120 R`efurid . 17 . 44.. 140 Schedule 17 . 44 . 180 INSPECTIONS 17 . 44 . 150 PERMIT Application 17 . 44 . 110 Issuance 11 . 44. 100 Requirements 17 . 44 . 080 POLICE CHIEF ACTS REQUIRED; ADDITIONAL 2. 24 . 050 BICYCLE Identification card issuance 10._84 . 030 tag issuance 10. 84 . 040 Impoundment authority 10. 84. 150 License record keeping , 10 : 84 . 050 INOPERATIVE VEHICLE REGULATIONS ENFORCEMENT AUTHORITY 8 . 48. 060 JAIL, PRISONER RESPONSIBILITY 2 . 24 .040. MASSAGE PARLOR PERMIT, . ISSUANCE AUTHORITY 5 . 24 .050 METER PARKING, VIOLATION Account keeping 10. 56 .070 Recordation 10. 56. 080 OFFICER DUTY DERELICTION REPORT 2 . 52. 080 I-55 POLICE CHIEF (Continued) PARADE PERMIT Application distribution 9 .48.080 Fee processing 9. 48.070 PATROL, PRIVATE Certificate of need, necessity, investigation 5 . 40 . 050 Equipment , weapon selection 5.40 . 120 Identification card issuance 5 . 40 . 090 . POWERS, DUTIES Designated 2 .24 . 010 Immunities 2 . 24 . 020 REPORTS REQUIRED 2 . 24 .030 RESERVE FORCE, MEMBER ACCEPTANCE NOTIFICATION 2 . 52 . 130 TAXICAB CERTIFICATE APPLICATION, INVESTIGATION 5 . 48 . 040 VEHICLE OVERLOAD PERMIT APPLICATION INVESTIGATION 10 . 32 . 090 POLICE DEPARTMENT ARREST AUTHORITY 2 . 52 .020 CHIEF See POLICE CHIEF ESTABLISHED 2 . 52 . 010 FALSE REPORT, DELIBERATE, UNLAWFUL 2 . 52 . 050 LAW ENFORCEMENT DUTY 2 .52 . 030 OFFICERS Control, availability 2 . 52. 070 Defined 10. 04 . 130 Interfering with vision prohibited 9 .04 . 010 Promotion, recommendation required 2 . 52 . 060 Report , daily, required 2 . 52 .040 RESERVE FORCE Eligibility 2 . 52 .100 Established, composition 2. 52. 090 Regulations promulgation 2 . 52 .120 Roster maintained 2. 52. 130 Training 5.52 . 110 POLITICAL ACTIVITY OF CITY EMPLOYEES See PERSONNEL POLLUTION, INDUSTRIAL WASTE See also NOISE WATER, OIL WASTE ABATEMENT City action 8 . 24 . 080 Hearing request 8. 2.4 . 090 Notice contents 8. 24 . 050 serving 8 . 24 .060 I-56 F' LL:UTION, LND.USTRIAL WASTE (Continued) ABATEMENT (Conti:nued) Owner no,t if i:e:ati,on 8 .24 .:04.0 Refusal declared mi ,d:empa .or 8'.24. 1:00 health .officer action, owner livable .8 . 24 . 070 AGENCY, `PUBLIC DEFINED . 14 .24 .,020 CHAPTER ENFORCEMENT, ADMINISTRATION 14 . 24 ..010, 14 . 24 . 1.40 . ;C:O.OPERATION OF DEPARTMENTS 14.. 24 .130 DEFINED ;8 2 4 . 010., 14,,2 4 ..0 20 ;DEFIVITIION,S 14.. 24.:020 DEPARTMENT DEFI'NED ' 14 . 24..0,2:0 DEPOSITS P OHIBITED 1, . 24 ;03:0. DIRECTOR ;Defined 14.24,.,0210 Enf,or.c,ement,, pea,c•e ,officer powers 1-4 4 . 14-0. DISFOSAL PERMIT A:pp 1 i,c;a:t iron 14 .24..0 510 Aecision 1'4 .:24 .:oi&,0 I,s.s:ua-n;c:e 1-4-2 4. 0 Limi;t:ations 14 . 2,4 .;0;80 Pro:hibite:d ac!t.s 14. 24.. 09.0 �R,equir:e:d 1,4,.,24..i0:40 Ee:vacation conditions 14 . 24 . 1-80 ;hearing See HEARING pr o c;e.e.d in.g s L4,. 2-4,. 19-0 : Suspension 14 .24,.:170 'Term 14 . 24 1;00 Trans,fer 1:4 . 24 .11;D . HEARING ... Appearance 14 . 24.. 230 Decision 14 . 24 .240 Notice 14 . 24 . 220 Request 14 . 24 . 21-0 1Whe,n 14 2 4 . 2 0.0 jP:ERMIT .See DISPOSAL .PERMIT PROHhBITED ,WHEN 8 -24..�0.20 !PROVISIONS eNONEXCL'USIVE -8 . 24..11-0 SEWAGE °Defined 14 ..24 ..0.20 ;Pub IIc,, defined 14 .24.�020 SMOKE, SOOT, CARBON PROHhBITED ,WHERE =8 . 24 . 03.0 SURFACE .Pollution defined 14 .,24 .,0.20 :Water de--fined 14 . 24 -0.2.0 TESTS., INSPECTIONS 14..'24..12-0 'UNDERGROUND Pollution defined 1:4-. 2-4 . 0.2.0 Water .defined 1`4 . 24 . 020 1-57 POLLUTION, INDUSTRIAL WASTE (Continued) VIOLATION NOTICE Continued violation, cessation 14 . 24 .160 Generally 14 . 24 . 150 WASTE, INDUSTRIAL DEFINED 14 . 24 . 010 POOL HALL See BILLIARD HALL PRIVATE PATROL See PATROL, PRIVATE PROCESSION See PARADE PROPERTY See UNCLAIMED PROPERTY VANDALISM PUBLIC DANCE See DANCE HALL PUBLIC WORKS DEPARTMENT See also PUBLIC WORKS DIRECTOR ESTABLISHED 2 . 5 . 010 PUBLIC WORKS DIRECTOR APPOINTMENT, DUTIES 2 . 56. 020 CROSSWALKS, DESIGNATION, MAINTENANCE 10. 80 . 010 DEFINED 15 . 08 . 230 OVERLOAD Permit application, processing, investigation 10. 32 . 090 Time determination 10. 32 .140 PARKING METER INSTALLATION 10:64 . 010 SIGN ERECTION . Emergency 10. 40. 170 No right turn 10. 16. 160 No stopping 10. 40. 240 Stop, yield 10. 36. 030 Street construction 12. 24 . 010 name 10.16. 080 TRAFFIC CONTROL DEVICE Installation 10. 16 . 010 Maintenance 10. 16 . 060 Operating time determination 10 . 16 . 120 Removal , relocation 10. 16. 110 PURCHASING AGENCY ESTIMATES, REQUESTS 3. 02. 040 I-5 8 I PURCHASING (Continued) BID . invitation notice 3 . 02. 170 Minimum number 3 .026160 . Procedures generally 3. 02. 050 opening 3 . 02 . 100 Rejection - 3. 0.2 ..110 Security 3 ..0.2. 090' Submittal 3 ..02 :180 Ties 3:.02 :_13.0 BOND REQUI-RED; WHEN 3:02.140 CONTRACT Award 3 . 02 . 120 Procedure 3 .02 . 080 DIRECTOR See FINANCE DIRECTOR DIVISION CREATED 3 . 02. 010 OFFICER Authority, "reports 3 .02 . 030 Bid invitations 3 . 02 . 170 record keeping 3. 02.186 Duties 3 .02. 020 Surplus sales , exchange 3 . 02 :200 Testing, inspection 3 .02. 190 OPEN MARKET 3 : 02 . 150 ORDERS Required •3 . 02. 060 . When issued . 302. 070 SURPLUS 3. 02 . 200 TESTING, INSPECTION 3. 02 . 190 -R- RABBIT See FOWL, RABBITS RECORDER; .COUNTY DOCUMENTARY TRANSFER TAX ADMINISTRATION 3 . 20. 060 RECREATION AND PARKS COMMISSION COMPOSITION 2. 64 .020 DUTIES, RESPONSIBILITIES 2 .64 . 100 ELECTION OF OFFICERS 2 . 64 .120 ESTABLISHED 2 . 64 . 010 MAYOR, EX-OFFICIO MEMBER . 2. 64 . 050 MEETINGS, WHEN 2 . 64 .110 MEMBERS Reappointment 2. 64 . 090 Removal 2 .64 . 670 I-59 RECREATION AND PARKS COMMISSION (Continued) i MEMBERS ' (Continued) Retirement 2 . 64 .080 Terms four year 2 . 64 . 030 one year 2 .64 . 040 QUORUM, PROCEDURE 2 . 64 . 130 SECRETARY DESIGNATED 2 . 64 . 060 VACANCY FILLING 2 . 64 . 080 RECREATION AND PARKS DEPARTMENT BUDGET 2 . 60 . 060 COMMISSION See RECREATION AND PARKS COMMISSION DIRECTOR Appointment 2. 60. 070 Duties generally 2. 60 . 090 secretarial 2 . 64 . 060 Responsibilities 2 . 60. 080 Subordinates, power to appoint 2 . 60 . 100 ESTABLISHED 2 . 60 . 010 FEE IMPOSITION AUTHORITY 2. 60.030 GIFTS, ACCEPTANCE AUTHORIZED 2 . 60. 040 MONEYS, .DEPOSITION 2 . 60. 050 OBJECTIONS 2 . 60. 020 REDEVELOPMENT AGENCY ESTABLISHED 2 . 80 . 010 POWERS, DUTIES 2 . 80. 020 REFUSE i See also POLLUTION, INDUSTRIAL WASTE RUBBISH WATER, OIL WASTE WEEDS ACCUMULATION PROHIBITED 8 . 20 .040 BASE LEVEL OF SERVICE DEFINED 8 .20 .010 CERTIFICATE OF NEED, NECESSITY Application . contents 8 . 20. 180 copies distributed to specified departments 8 . 20 . 190 filing 8.20.170 I-60 REFUSE . (Continued) CERTIFICATE OF NEED, NECESSITY (Continued) Council decision 8 . 20..230 hearing 8. 20 . 220 Granting 8 . 20. 200 Not to replace other permits , licenses 8 . 20. 210 Required when 8 . 20 . 160 Revocation. 8 . 20.240 CITY ACTION Fee collection 12 . 28 .130 delinquent becomes lien, foreclosure 12 ..28 . 160 nonpayment 12. 28 .140 Owner liable 12 . 28 .100 Statement contents 12. 286120 to owner 12 . 28 . 150 CLEARANCE, TIME EXTENSION 12. 28 . 110 COLLECTION City contract to private collector 8 . 20 .130 Defined 8 .20. 010 Excluded refuse 8 .20.120 . Manner prescribed 8 . 20 090 Other premises 8. 20.110 Single family residence 8 . 20 .100 Vehicle approval required 8 . 20.140 COLLECTOR City, defined 8 .20 . 010 Generally 8 . 20 . 010 COMPLIANCE, FAILURE 12 . 28 . 090 CONTAINER Improper substance specified 8. 20 . 080 Interference prohibited. 8 . 20 . 070 Location 8 . 20 .060 DEFINED 8 . 20 .010 DEFINITIONS 8 . 20. 010 DIRECTOR DEFINED 8.20 .010 DISPOSAL Certificate required when 8420. 160 Methods specified 8.. 20. 150 GARBAGE DEFINED 8 . 20. 010 LEAVING IN PUBLIC PLACES PROHIBITED 8. 2:0 .020 LIABILITY INSURANCE REQUIRED 8 . 20. 250 OCCUPANT RESPONSIBILITY 8 . 20 .030 I-61 REFUSE (Continued) RESIDENCE Nonsingle family, defined 8 . 20. 010 Single family, defined 8 . 20. 010 RUBBISH See also RUBBISH Defined .28— 0 . 010 STORAGE PROVISIONS 8 . 20 . 050 VIOLATION Misdemeanor . 12 . 28 .170 Penalty 8 . 20 . 260 WASTE See also WATER OIL WASTE. Solid, defined 6 . 20. 010 RESERVE POLICE FORCE ESTABLISHED 2 . 52 .090 RESOURCES, ENVIRONMENTAL, DEPARTMENT 2 .34 ..010 RESTAURANT See AMUSEMENT, ENTERTAINMENT PREMISES FOOD HANDLING ESTABLISHMENT RIFLE See WEAPONS ROOMING HOUSE BUSINESS LICENSE FEE 5.16. 200 DEFINED 5. 04 . 010 RUBBISH See also REFUSE STREETS AND SIDEWALKS ABATEMENT City action owner liability 8 . 36 .060 time extension 8 . 36. 070 Cost as liens when 8 . 36. 100 payment not to bar further prosecution 8.36 . 110 Council hearing 8. 36 .050 Records filed 8. 36 .090 kept 8 . 36 . o8o I-62 i RUBBISH (Continued) ACCUMULATION Declared nuisance 8. 36. 0,20. Prohibited 8 .'36.. 010 NOTICE TO REMOVE Generally 8 . 36 . 030 Issuance 12 . 28 .050 Serving 8 . 36. 040 NUISANCE, PERMITTING DEEMED MISDEMEANOR 8 . 36 . 120 , . -S- SALES, USE TAX COLLECTION, ENJOINING; PROHIBITED 3 .24 . 140 OPERATIVE DATE 3 . 24 . 030 PURPOSE 3 . 24 . 040 RATE 3 . 20 . 020 SALES Consummation location _ 3 . 24 .080 Exemptions designated 3 . 24 . 0.60 operative date 3 . 24 . 150 Impositions 3. 24 . 070 Permit not required when 3 . 24. 220 . State code amendments adopted 3 . 24 . 130 provisions application 3 . 24 .030, 3 . 24 . 040 TITLE 3 . 24 . 010 USE Exemptions de.signated 3..24 . 120 operative ' date 3 . 24 .150 Imposition 3 . 24 . 090 State code provisions adopted generally 3 . 24 . 200 limitations 3 . 24 . 210 SANITATION DEPARTMENT Created 14 - 32 . 010 Sewer main extension installation 14 . 44 . 030 size , location, cost determination 14 . 44 . 020 I-63 SANITATION (Continued) SUPERINTENDENT Duties 14 . 32 . 030 Office created 14 . 32 . 020 Sewer main extension _ installation 14 . 44 . 080 oversize required when 14 . 44 . 060 SEAL, CITY DESIGN, INSCRIPTION 1. 08 . 010 SECONDHAND DEALER BUSINESS LICENSE REQUIRED 5 . 36. 060 BUY-FORM Defined 5 . 36. 140 Identification 5 . 36.160 Required exemption 5 . 36 . 260 when 5. 36. 150 DEFINED 5 . 36 . 050 GOODS Altering prohibited 5 . 36 . 220 Export prohibited when 5. 36. 250 Holding generally 5 . 36 . 240 period 5 . 36 . 200 Release 5 .36. 230 HOURS 5 . 36. 040 MINOR, DEALING WITH,. PROHIBITED 5. 36 . 030 PROVISIONS FURNISHED 5. 36 . 290 RECORDS Exemption 5 . 36 . 270 Police file 5 . 36 .190 Retention 5 . 36. 180 SELLER, PLEDGER IDENTIFICATION 5 . 36 . 170 SEWER See also SANITATION STREETS AND SIDEWALKS CONNECTION, CITY SYSTER Application 14. 36. 010 Damage , user' s responsibility 14. 40. 030 Fee designated 14 . 40. 020 generally 14 . 40. 010 Inspection 14 . 36. 030 I-64 SEWER (Continued) FUND 3 . 04 . 050 INTERFERENCE;. PERMISSION REQUIRED 14 .36. 020 MAIN EXTENSION Application 14 . 44 .010 Deposit deteririination, collection 14 . 44 . 020 . refund 14 . 44 . 040 Installation compliance required 14 . 44 . 030 expense, applicant charged 14 . 44 . 050 Oversize decision final 14 .44 . 070 installation 14 . 44 . 080 required, when 14 . 44 . 060 Refunds See also Deposit conditions 14 . 44 . 090 Size, location determination 14 . 44 . 020 SUPERINTENDENT See SANITATION SYSTEM See CONNECTION; CITY SYSTEM MAIN EXTENSION SHOTGUN See WEAPON SIGN See Specific Sign SKATEBOARD See TRAFFIC SKATING RINK BUSINESS LICENSE FEE 5. 16. 270 SODA FOUNTAIN See FOOD HANDLING ESTABLISHMENT SOFT DRINK STAND See •FOOD HANDLING. ESTABLISHMENT SOLICITOR See also CANVASSER , PEDDLER BUSINESS LICENSE FEE 5.16. 29o, 5 . 16. 300 DEFINED 5 .04 . 010 UNREQUESTED SOLICITATION DECLARED NUISANCE 9 . 64 .015 SPECIAL FUND CREATED 3 . 08 . 010 DISBURSEMENT, CONSENT REQUIRED 3 . 08 .040 . 1-65 .PECIAL FUND (Continued) NAME DESIGNATED 3. 08 .020 PURPOSE 3 . 08 . 030 SURPLUS , TRANSFER INTO WHEN 3 . 08 . 060 TAX LEVIED WHEN 3 . 08 . 050 STANDING WATER See WATER STEAM BATH See MASSAGE PARLOR STREET DEPARTMENT ESTABLISHED 2 .68. 010 STREETS AND SIDEWALKS BENCH MARK ESTABLISHED 12. 04 . 020 CONSTRUCTION WORK See also REPAVING Barricade, warning light city action, liability assigned 12 . 24 . 020 required when 12 . 24 . 010 Contractor licensing required 12 .12. 090 permit required 12. 12 . 100 Inspection, authority designated 12 . 12 .120 Permit denial , appeal 12 . 12 .130 fee 12. 12 . 060 franchise holder 12 . 12. 070 issuance 12. 12. 110 required 12 . 12 . 050 Violation declared nuisance, misdemeanor 12. 12 . 080 DATUM PLANE, ESTABLISHED 12 . 04 . 010 DRIVEWAY Construction, subgrade 17 . 20 . 040 Crown, cross-slope 17 . 20. 020 Design specification 17 . 20. 010 Pavement aggregate base 17 . 20. 080 asphalt specifications 17 . 20. 090 bituminous specifications 17. 20 . 070 concrete specifications 17 .20. 060 soil sterilization 17 . 20. 050 Ribbon. 17 . 20. 030 GAS MAIN See also UTILITY STRUCTURE Placement 12. 20 . 070 MANHOLE See UTILITY STRUCTURE I-66 STREETS AND SIDEWALKS (Continued) NUMBER Designation authority 12 . 08 .040 Determination 12. 08 . 050 Even, initial 12 . 08 . 080 Failure to comply deemed misdemeanor 12 .08 .170 Frontage ratio 12. 08 . 120 Irregular 12 .08.160 Location 12 . 08 . 020 Lot , wide 12 . 08 .130 Odd, initial 12 . 08 . 090 Railway determining hundreds , east 12 . 08 . 140 determining hundreds; west 12 . 08 . 150 east 12. 08 . 070 progression east 12. 08 .110 progression west 12 . 08 .100 west 12. 08. 060 Required 12 . 08 . 010 Size minimum 12. 08 . 030 OBSTRUCTION Permit required 12 . 12..020 PAINTING PROHIBITED, EXCEPTION 10. 16. 130 PARKING AREA See DRIVEWAY PAVEMENT See DRIVEWAY PIPE, CONDUIT See also UTILITY STRUCTURE Electric , placement 12 . 20 . 080 Other, placement REPAVING Completion, restoration required 12 . 16 . 060 Damage deposit application 12. 16. 040 improved surface , fee designated 12.. 16 . 020 proceeds, disposition 12. 16. 050 required 12.16. 010 unimproved surface , fee designated 12 . 16 . 030 RUBBISH, WEEDS_ City action assessment , liability assigned 12 . 28 .130 claim filing 12 . 28. 140 cost as lien when 12. 28 .160 owner notification 12 . 28.150 prescribed 12 . 28. 100 statement 12 .28. 120 time extension 12 . 28. 110 when 12. 28. 090 Declared nuisance 12. 28. 040 a I-67 STREETS AND SIDEWALKS (Continued) RUBBISH, WEEDS (Continued) Notice to remove generally 12 . 28 . 050 owner, nonresident 12. 28. 070. posting 12. 28 .080 serving 12 .28. 060 Violation, misdemeanor 12 . 28 . 190 SEWER See also UTILITY STRUCTURE Placement 12 . 20. 060 SIDEWALK Defined 12 . 28 . 010 Driving on prohibited exception 12 . 32 . 050 where 12- 32. 040 Excavation permitted 12 . 28 . 080 Loitering prohibited where 12 . 32 . 010 Maintenance , responsibility designated 12 . 28 . 020 Rubbish, weeds See RUBBISH, WEEDS Sign requirements 12 - 32 . 030 Vehicle, animal, prohibited where 12 - 32 . 020 STREETS Defined 12 . 36 . 010 Department see STREET DEPARTMENT , Improvement fund created 3 . 12 . 010 expenditure 3 .12. 030 moneys 3 . 12 . 030 UTILITY STRUCTURE . See also Specific Utility Erection 12. 12 . 010 Main in street 12. 20. 100 Placement 12 . 20. 010 Plan filing 12. 20. 030 Provisions compliance required 12 . 20: 010 Supervision authority 12 . 20 . 040 Violation, penalty 12. 20. 110. Water See also UTILITY STRUCTURE WATER Mains , laterals , placement 12 .20 . 050 STREET SUPERINTENDENT APPOINTMENT 2 . 68. 050 BENCHES Advertising copy, approval authority 12- 36.320 Identification 12 - 36 . 260 Installation, inspection authority 12 - 36 . 020 s I-68 STRLET SUPERINTENDENT (Continued) CONSTRUCTION WORK ,INSPECTION 12 .1.2 . 120 RUBBISH, WEEDS City action, statement to owner 12 . 28 . 150 Clearance 12. 28.100 Delinquency report 12,28 . 090 Fee collection 12 . 28 . 130 Statement preparation 12 . 28, 120 SUBDIVISION FEE DESIGNATED 5 . 16 . 430 SUNDECK See BUILDING SWIMMING POOL ADMINISTRATIVE AUTHORITY DESIGNATED 17 . 52 . 040 BOND REQUIRED 17 . 52. 080 CODE Additions generally 17 .52. 070 Section 1.15 17 .52. 100 Section 1. 16 17 .52. 110 Section 1 . 17 17 .52. 120 Section 1 . 7 . 1 17 . 52 . 080 Section 1 .7 . 2 17 .52 . 090 Section 215 17 , 52 .130 Section 216 17 : 52 .140 Section 217 17. 52. 150 , Adopted 17 . 52 .020 Amendments generally 17 . 52 ,030 Section 1 . 0 17.52. 040 Section 1. 1 17 .52 .050 Section 1 . 5 17 .52. 060 Violation, penalty 17 . 52. 160 DECKING DESIGN 17 . 52 , 150 EQUIPMENT, INSTALLATION 17 . 52 .110 FENCING Installation 17 . 52 . 140 Requirement 17 . 52. 090 HOSE BIBB 17 . 52 . 120 JURISDICTION, DEPARTMENT HAVING, DEFINED 17 . 52 . 050 MAINTENANCE 17 .52 . 130 PERMIT, REQUIRED, FEE 17 . 52 . 060 RECEPTOR-BACKWASH LINE, REQUIRED WHEN 17 .52 .100 TITLE 17 . 52. 010 . I-69 TAX See also Specific Tax ADMINISTRATION See FINANCE DIRECTOR COLLECTION County responsibility 3 . 16. 010 Prior ordinance effect 3 . 16 . 020 TAXICAB AUTOMOBILE, SIGHT-SEEING, DEFINED 5 . 08 . 010 CERTIFICATE Application denial 5 . 48 . 060 generally 5 . 48 . 030 Defined 5. 48. 010 Investigation, hearing 5. 48 . 040 Issuance 5. 48. 050 Nontransferable 5 .48 . 400 Required 5 .48 . 020 Revocation 5. 48. 080 CONDITION, MECHANICAL 5 . 48 . 230 CRUISING PROHIBITED 5. 48. 130 DEFINED 5 . 48 . 010 DEFINITIONS 5. 48 . 010 DIRECT ROUTE REQUIRED 5 . 48 . 200 FARE See also RATE, SCHEDULE TAXIMETER Information posting required 5. 48 . 260 Passenger right to receipt 5 .48 . 170 Refusal to pay 5 . 48 . 240 Regulation 5 . 48 . 270 FEE, ANNUAL 5 . 48 .120 FIRE EXTINGUISHER REQUIRED 5 . 48 ..290 IDENTIFICATION Card required 5 . 48.360 Generally 5 . 48 . 310 Light 5 . 48. 150 INSURANCE REQUIRED 5. 48 . 070 LICENSE Fee 5. 48 . 210 . Required 5. 48 . 300 OPERATION, CHANGE 5 . 48 . 090 PASSENGER See also FARE Compartment maintenance 5. 48 . 280 Right of exclusive use 5. 48 .190 PERMIT Application 5 .48 . 330 Nontransferable 5. 48 .400 Personal appearance required 5. 48 .340 Refusal, .appeal 5. 48 . 390 I-7 0 TAXICAB (Continued) PERMIT (Continued) Required 5. 48. 250 Revocation 5 . 48 . 380 Temporary 5 . 48,350 Term, renewal 5. 48 . 370 RATE, SCHEDULE Filing required 5 . 48 .100 Vehicle , other than taxicabs 5 . 48 .110 SERVICE, TWENTY-FOUR HOUR REQUIRED 5 .48 . 320 SOLICITATION RESTRICTIONS 5 . 48. 220 STANDING ON PUBLIC STREET PROHIBITED, EXCEPTION 5 . 48 . 180 TAXIMETER Operation 5. 48. 160 Required 5 . 48. 140 VEHICLE, PUBLIC TRANSPORTATION, DEFINED 5 .48. 010 TEACHER DANCING, BUSINESS LICENSE REQUIRED, FEE 5. 16 . 130 MUSIC, FINE ARTS, BUSINESS LICENSE REQUIRED, FEE 5 . 16 .180 THEATER MOTION PICTURE Building 5. 52. 040 License 5152.050 Permit exemptions 5. 52 . 010 application 5 .52. 030 OUTDOOR Business license required, fee 5. 16 . 210 TRAFFIC See also VEHICLE ACCIDENT REPORT Content 10 . 08 .110 Injured parties 10. 08 . 120 Required when 10. 08 . 100 ALLEY, ONE-WAY Block 103 , 104 10. 28 . 020 Block 203 , 204 10. 28.030 . Designated 10. 28 .010 Parking restricted 10. 28 . 060 Sign posting location 10. 28 . 040 violation 10. 28 .050 ,ANIMALS, RIDER'S RIGHTS, DUTIES 10.08. 040 BICYCLE See BICYCLE CONTROL DEVICE See also STOP, YIELD I-71 TRAFFIC (Continued) CONTROL DEVICE (Continued) Hours operating 10 . 16 . 120 Installation authority 10 .16 . 010 maintenance authority 10. 16 .030 vehicle code compliance 10. 16 .020 Location determination authority 10 .16. 070 where 10 .16 . 060 Obedience required 10.16. 050 Removal , relocation 10.16.110 Required for provisions enforcement 10.16. 040 Turning marker placement authorized 10. 16 . 140 prohibited, where 10.16. 150 restrictions 10. 16 .160 COUNCIL DEFINED 10 . 04 . 040 CROSSWALK Established 10. 80 . 010 Use required 10. 80 . 020 CURB Defined 10. 04 . 050 Painting, unauthorized, prohibited 10.16 . 130 DEFINITIONS, GENERALLY 10. 04 . 010 DIRECTION Authority designated 10. 08 . 010 Obedience required 10 . 08 . 030 Persons prohibited 10. 08 . 020 DRIVING On new pavement , fresh paint , prohibited 10.72 . 050 On sidewalk prohibited 10 . 72 . 040 , 10620 . 020 FUNERAL PROCESSION, DRIVING THROUGH PROHIBITED 10 .72 . 010 HIGHWAY, STATE, CITY REGULATED Approval required 10 . 08. 140 Authority designated 10. 08. 150 ISLAND, DIVISIONAL, DEFINED 10. 04 . 060 LANE MARKING Authority designated 10 . 16 .090 Hazardous area 10. 16 .100 LOADING ZONE See also PARKING Defined 10.0 70 Passenger, defined 10. 04 .110 LOADS, PROTRUDING, RESTRICTIONS 10. 20. 010 OBSTRUCTION AT, INTERSECTION, PROHIBITED 10.72 .070 OVERLOAD Bond required 10.32. 210 Chapter application 10. 32 . 020 purpose 10. 32. 010 I-72 TRAP:F;IC: (,C.on;t.inued) OVA-RLO#D; (Conttn;ued;); C:itx defined 10:. 32.1. 030, Damage; report re.q.uiredt 10,. 32 . 220; respons.ib, lity as.s;igned ' 10,.3,2_ 2.30, De.f ned; 10;. 32.0'.30; Dpxin. tions. 1.0:. 3.2. 03.0; Deppar:tment d.e.fined 10;- 32., 0,30. D,i re.ct.or 'defined 10. 32. 030: E s c;g _t assignment authority 10..;32 .170• de_p,os t 10. 32 .160; required when 10.. 3.2-. 150• Insurance,, public liability 10.32 . 20.Q: Night travel 10:. 32.190, Perking 10 . 3.2. 18.0; Permit ap:p:lication, contents 10.. 32. 08.0; ap;plying, procedure. 10.. 32,,070. compliance required,, exc.ep"tions 10:.32. 050, contents" 10 . 32 .,100 inspection 10. 32. 120; issuance 10.. 32.110• processing 10:. 32. 0.90. required 10 : 3.2 . 040 types , fees 10 .32:.0.60 Property , utility, displacement 10.. 32 . 130 Time, route determination 10. 32.146.'' Weight , gross, defined 1Q. 32 .030 PARKING See ALLEY, ONE-WAY PARKING PARKING METER PARKWAY DEFINED 10 . 0 . 100 PEDESTRIAN DEFINED 10. 04 .120 POLICE OFFICER DEFINED 10 . 04 . 130 PROVISIONS, STATE, APPLICABLE ' 10 -04 . 020 REGULATIONS Employees, public , obedience required 10 . 08 . 060 Enforcement , interference prohibited 10 . 08 , 0.70 Exemptions care required 10 . 08 . 080 specified 10 .08 . 070 ROLLERSKATES See VEHICLE SIGN, BARRIER See also Specific Sign Obedience required 10. 16. 050 Street name, required where 10. 16 . 080 SKATEBOARD See also VEHICLE Unlawful when 10 . 20. 040 I-7 3 TRAFFIC (Continued.) SPEED LIMIT Fifty miles per hour, where 10. 12 . 060 Forty-five miles per hour, where 10 . 12 . 050 Forty miles per hour, where 10. 12 . 040 Highway, state 10. 12 . 070 Thirty-five miles per hour, where 10. 12 . 030 Thirty miles per hour, where 10.12. 010 STOP Defined 10 . 04 . 140 Sign See CONTROL DEVICE STOP, YIELD Yield See THROUGH STREET STOP, YIELD STOP, YIELD See also PARKING Required when 10 . 36 . 010 STREET, THROUGH Designated 10. 36. 020 Sign, stop location 10. 36 . 040 required where 10. 36. 030 TIME STANDARD SPECIFIED 10. 04 . 080 TRAIN See TRAIN TRUCK See also OVERLOAD .. Route designated 10. 24 . 010 prohibitions , exceptions 10. 24 ..020, 10. 24 . 030 sign erection 10. 24 . 040 TRAILER PARK Business license, fee 5 .16 . 320 Cabana restrictions 1.7 . 36 . 030 Caretaker required 17 . 36 . 060 Driveway width 17. 36 .080 Occupancy restrictions 17 . 36 .010 - Site area 17 . 36 . 070 PARKING ON HIGHWAY, UNLAWFUL, EXCEPTION 17 . 36. 050 RENTAL Business license fee 5 . 16. 390 Unlawful when 17. 36 : 040 WHERE PERMITTED 17 . 36. 020 TRAIN BLOCKING CROSSINGS PROHIBITED 10. 76. 020 RAILWAY GATE, DRIVING VEHICLE THROUGH PROHIBITED 10.76. 010 J I 74 TRANSIENT OCCUPANCY TAX 3 :28 VENDOR See SOLICITOR TREASURER; CITY FUND Balances, monthly reports 2 .16 . 050 Deposit receipts 3 . 04 . 030 Establishment , money keeping 2. 164020 Transfer 2 .16. 030 MONEY, .RECEIPT REQUIRED 2 . 16. 010 REPORTS Council . 2. 16 :070 Preparation, submittal . 2 . 16. 040 . TRUCK See also TRAFFIC DUMP, TANK _ LICENSE REQUIRED; FEE. 5.16: 365 RENTAL; BUSINESS LICENSE FEE 5. 16.310 TRUCKING, HAULING, .TRANSPORTATION ESTABLISHED PLACE OF BUSINESS, BUSINESS FEE 5 . 16 . 330 FEE EXEMPTIONS 5 . 16. 350 NO BUSINESS LOCATION, BUSINESS LICENSE FEE 5 .16 . 340 -U- UNCLAIMED PROPERTY AUCTION Notice , procedure 2 . 96. 050 Purchasing department determiriation 2 .96 . 040 DISPOSITION GENERALLY 2 .96. 010 DONATED TO NONPROFIT ORGANIZATION 2. 96 . 010 FINDER, RETURN 2. 96.020 OWNER, RETURN 2 . 96 . 060 POLICE DEPARTMENT HOLDING PERIOD 2 . 96. 030 UNIFORM CODE See Specific Subject LOCAL SALES AND USE TAX 3 . 24. 110, 3 . 24 .130 State law provisions adoption 3 . 24 . 200 contract 3. 24 . 100 limitations 3 .?4 . 210 I-7 5 UNIFORM (.Continued) LOCAL SALES AND USE TAX (Continued). Exclusions and exemptions 3 . 24 . 230, 3 . 24 . 240 application 3 .24 . 300 Amendments 3 .24. 310 Collection, enjoining forbidden 3. 24 . 320 Operative date 3 . 24 . 030 Permit , not required 3 . 24 . 220 Place of sale 3.24 . 120 Purpose 3 . 24. 04.0 Rate 3 . 24 . 020 Title 3. 24 . 010 UTILITIES, PUBLIC BUSINESS, FEES APPLICABLE WHEN 5 . 16. 250 UTILITY STRUCTURE See STREETS AND SIDEWALKS TAX Administrator See also FINANCE DIRECTOR defined 3 .3 .010 Collection commencement 3 . 36 . 150 service user 3.36. 130 when 3 . 36.140 Cable television corporation defined 3 . 36. 010 tax imposed 3 . 36 . 110 City defined 3 .36. 010 Definitions 3 . 36 . 010 Delinquent penalty 3 .36 .190 payment 3. 36. 180 when 3. 36 .170 Electric corporation defined 3 . 36.010 tax imposed 3 . 36. 050 using, energy defined 3 .36.060 Exemptions . city 3 .36. 270 generally 3 . 36 .120 Gas corporation defined 3 . 36 . 010 tax exemptions, imposed 3 . 36. 080, 3 .36. 070 Month defined 3 . 36 . 010 Payment failure assessment, hearing, notice 3. 36 . 230 remedy 3. 36. 220 J I-76 '.;T.f1-A.''Y. (Continued ) TAX (ContihUcd) Penalty, combining nature 3 . 36. 200 . . Records 3 . 36 . 250 Refunds 3 : 36 . 260 Service - - supplier defined 3 . 36. 010 report remittance 3 . 36 .160 user debt , action 3. 36. 210 Telephone corporation defined 3 :36. 010 tax charges 3 . 36. 030 imposition of tax 3. 36.020 iritrastate use 3 . 36. 040 Water tax exemptions 3 .36.1.00 imposed 3 . 36 . 090 VANDALISM DEFACING CITY PROPERTY PROHIBITED., DECLARED MISDEMEANOR 9. 52. oio VEGETABLE STAND See FOOD HANDLING ESTABLISHMENT VEHICLE See also PARKING TRAFFIC AMBULANCE See AMBULANCE BICYCLE See BICYCLE COACH DEFINED 10. 04 . 030 CODE DEFINED 10 . 04 .150 COMMERCIAL, USING PRIVATE DRIVE PROHIBITED . 10. 72. 030 DEFINITIONS Generally 10 . 04 . 010 State provisions applicable 10. 04 . 020 INOPERABLE See INOPERABLE VEHICLE INVALID Distance from building specified 10. 88 . 110 Inspection decal 10. 88. 080 required 10. 88 . 070 Operator permit application 10: 88 . 030 certificate of physical qualifications required 10. 88 . 040 evidence of disability required 10 .88. 050 required 10. 88 . 020 I- 77 VEHICLE (Continued) INVALID (Continued) Registration required 10. 88.. 060 Rules applicability 10 . 88.010 Speed limit misdemeanor 10 . 88 . 090 Violation, misdemeanor 10 .88 .130 Yield to pedestrian 10 . 88. 100 MOTORCYCLE See MOTORCYCLE MOVING, CLINGING TOOHIBI.TED 10.72 . 020 PASSENGER RENTAL BUSINESS, .FEE 5 . 16 . 380 PAVEMENT, NEW, .,DRIVING ON PROHIBITED 10.72 . 050 ROLLERSKATE See:.TOY SIDEWALK, DRIVING ON _PROHIBITED 10.72. 040.9 10 . 20 . 020 SLEEPING IN PROHIBITED WHEN 9..54 .olo TAXICAB See TAXICAB TOY On crosswalk prohibited 10. 20 . 050 On sidewalk prohibited 10. 20. 030 TRAILER See TRAILER TRAIN See TRAIN TRUCK See TRUCK X-RAY UNIT, MOBILE See X-RAY UNIT, MOBILE VENDING MACHINE See also FOOD HANDLING ESTABLISHMENT BUSINESS, FEE 5. 1 10 DEFINED 5 . 04 . 010 VETERAN, DISABLED See BUSINESS LICENSE -W- WATER See also STREETS AND SIDEWALKS WATER, OIL WASTE COMMODITY ADJUSTMENT CLAUSE 14 .12 . 080 COMPANY, BUSINESS LICENSE FEE 5. 16. 420 CONSUMER RESPONSIBILITY 14 . 16 . 090 CROSS-CONNECTION PROTECTION, WHEN 14 . 16 . 190 DEPARTMENT Created 14 . 04 . 010 Superintendent duties 14 .04 . 030 fluoridation authority 14 . 04 . 040 . office created 14 . 04 . 020 oversize main determination 14 . 20. 02G oversize main installation 14 . 20. 040 I-78 WATER (Continued) FEE See .Specific Fee FIRE HYDRANT Access maintained 14 .16 . 140 Maintenance 14 . 16 .100 Placement 17 . 56 .180 Purpose generally 14 .16 . 110 Special use permit cancellation 14 . 16 .130 required 14 .16. 120 Use approval 17 . 56. 16.0 FIRE SERVICE, PRIVATE, RATES 14 .12 : 070 FLUORIDATION AUTHORITY 14 . 04 . 040 FUND; - CREATED 14. 12.170 INSTALLATION BY APPLICANT WHEN 14 . 12 .030 MAIN Extension application, deposit , installation 14 . 20 . 010 Oversize cost , applicant charged 14 .20. 050 installation 14 .20. 040 refund conditions 14 . 20. 060 required when 14 . 20: 020 Size determination 14 . 20. 030 METER Accuracy test - deposit 14 .16 . 060 generally 14 . 16 . 050 Fees 14 . 12. 020 Location, inside premises 14 ..16 .080 Placement 14 . 16 . 070 Property, city 14 .16 . 030 Replacement , repair 14 . 16. 040 OIL WASTE See WATER, OIL WASTE PIPE, INTERFERENCE PROHIBITED 14 . 08 . 060 POLLUTION See POLLUTION INDUSTRIAL WASTE PRESSURE MAINTENANCE, SHUT OFF 1 .l .150 RATES See SERVICE RESTRICTED USE, FIRE 14 . 16. 010 SALE OUTSIDE CITY PROHIBITED 14 .16 . 180 SERVICE Application requirements 14 . 12 . 090 Change of address 14 .12 .140 Charges See also Rates date due 14 .12. 120 restoration, ownership change 14 .12. 100 turn on 14 . 12 . 110 Connection See SERVICE CONNECTION Fees designated 1 . 12. 010 Rates See also Specific Service I-79 WATER (Continued) SERVICE (Continued) Rates (Continued) adjustment 14 . 12.160 construction purposes 14 .12. 050 designated 14 . 12. 040 other uses 14 . 12 .060 Renewal 14 . 12 .150 Vacating premises , charge 14 . 12 .130 SERVICE CONNECTION Application form, contents 14 . 08 . 010 Fees 14 .12. 020 Multiple occupancies meter required 14 - 08. 030 provisions , exceptions 14 . 08 . 040. Property, separation, service pipe requirements 14. 08. 050 Separate . for each premises 14 . 08 . 020 STANDING Declared nuisance 8. 32. 010 Notice issuance 8 . 32 . 020 Violation, penalty 8 .32 .030 STEAM BOILER, DIRECT CONNECTION PROHIBITED 14 .16 . 160 SUBDIVIDED LAND, CITY DEED 14 .20. 070 TRANSPORTING, BUSINESS LICENSE FEE 5 .16 . 400 VIOLATION, REPORT 14 . 16 .170 WASTE, IMPROPER FIXTURE PROHIBITED 14 . 16 . 020 WELLS, CONSTRUCTION AND ABANDONMENT 14 . 26 . 010 WATER, OIL WASTE See also SANITATION COLLECTION Disposition 15 . 20. 090 Sump, skim pond lined 15 .20.190 unlined 15 . 20. 100 DISCHARGES, PROHIBITED, DESIGNATED 15.24 . 030. DISPOSAL, PERMIT REQUIRED 15 .12 . 040 FEE Delinquency 15. 12 . 170 Due when 15 . 12 . 100 Liability assigned 15 . 12.160 PERMIT See DISPOSAL, PERMIT POLLUTION PROHIBITED. 15. 24 . 030 SEWER CONNECTION Application fee 15. 28 . 030 property description 15 . 28 .040 Conducting over private property, owner permission required 15. 28 . 050 I-80 WATER . bit- WASTE (Contiriued) SEWER CONNECTION (Continued) Costs paid bl'. permittee 15:28: 060 Drainpipe installation 15: 28 : 080 Gate valve A5 28. 070 Permit required 15 .28: 010 WATERWAYS, PUBIhIC See HARBORS WEAPONS . CONCEALED Exception permit 980: 030 specific instruments 9.: 80: 020 Prohibited 980. 010 PROHIBITED; EXCEPTIONS 9:76010 WEEDS See also RUBBISH ABATEMENT NOTICE Continued Violation 8 :16: 050 Owrierresporisitiility 8 : 16030 Service 8 . 16: 040 DECLARED NUISANCE 8::16.020 REMOVAL; REQUIRED; OWNER RESPONSI8 LITY 8 : 16 : 010 WELDING; CUTTING See FIRE WELLS; WATER CONSTRUCTION AND ABANDONMENT 14 . 26 : 010 WHOLESALE WAREHOUSE See FIRE WILD ANIMAL See ANIMAL X-RAY UNIT; MOBILE DEFINED 8 : 56 :010 DEFINITIONS 8 . 56: 010 OPERATION Conditions 8 . 56: 070 Without iid0i1sed user, prohibited 8 . 56 . 060 I- 81 X-RAY UNIT, MOBILE (Continued) OPERATOR Defined 8 . 56 . 010 License granting conditions 8 . 56. 040 required 8 . 56 .030 term . 8. 56 .050 PROVISIONS, COMPLIANCE REQUIRED 8 . 56.020 ' l-x' I-82