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Ordinance Code Renumber by Ordinance 1151 7/6/1965
4 � r HUNTIN'GTON BEACH Q/ ORDINANCE �� d CODE :......... Copyright 1952 by Cleveland James Smith Codified by . Cleveland Smith of- the San Francisco Bar RENUMBERED BY ORD. NO. 1151 JULY 6, 1965 1 1 .CONTENTS DIVISIONS - CHAPTERS r CHAPTERS GENERAL PROVISIONS S . 0011 - General S . 9921 - Effect of Code S . 0031 - Construction S. 0041 - Enforcement S . 0051 - Notices DIVISION 1 - GOVERNMENT Chapter 10 - General 12 - Officers 13 - Departments 14 - Salaries 16 - Fiscal Matters 17 - Taxes 18 - Personnel System DIVISION 2 - BUSINESS Chapter 21 - Business License 22 - Certificate of Public Need and Necessity 23 . - Oil 24 -Dance Halls 25 - Motion Picture Theaters 26 - Pawn Brokers , Junk Dealers & Secondhand Dealers 27 - Bath Houses & Massage Parlors 28 - Amusement & Entertainment Premises - Restaurants 29 - Community Antenna Television DIVISION 3 - HEALTH Chapter 31 - Sanitation 32 - Refuse Disposal 33 - Food 34 - Water Department 35 - Sanitation Department 36 - Miscellaneous DIVISION 4 - SAFETY Chapter 40 - General 41 - Fire 42 - Animals 43 - Defense Disaster CONTENTS DIVISIONS - CHAPTERS DIVISION 5 - WELFARE Chapter 51 - Library 52 - Recreation and Parks 53 - Morals 54 - Minors 55 - Nuisances DIVISION 6 - TRAFFIC Chapter 60 - General 61 - Operation 62 - Stops and Yields 63 - Parking 65 - Parking Meters 66 - Loading Zones 67 - Bicycles 68 - Cabs 69 - Self Propelled Wheelchairs or Invalid Tricycles on Sidewalks DIVISION 7 - PUBLIC PLACES Chapter 70 - General 71 - Streets � 72 - Street Work 73 - Sidewalks 74 - Benches 75 - Beach and Pier 76 - Harbors 77 - Parks 78 - Public Buildings 79 - Parades DIVISION 8 - BUILDING Chapter 81 - Building 82 - Electrical Ordinance 83 - Heating and Comfort Cooling 84 - Plumbing DIVISION 9 - PLANNING Chapter 90 - Planning Commission and Districting Plan 91 - Low Density Residential Districts 92 - High Density Residential Districts 94 - Commercial Districts 95 - Industrial Districts 96 - Miscellaneous Districts 97 - General Provisions 98 - Administration 99 - City Subdivision Ordinance CONTENTS CHAPTERS - ARTICLES I DIVISION 1 - GOVERNMENT CHAPTER 10 - GENERAL ARTICLE 101. Seal 102. City Hall CHAPTER 11 - COUNCIL ARTICLE Ill. Compensation CHAPTER 12 - OFFICERS ARTICLE 120. Eligibility of Candidates 121. City Clerk 122. Treasurer 124. City Attorney 125. Police Chief 126. Administrative Officer CHAPTER 13 - DEPARTMENTS ARTICLE 131. Police Department 132. Fire Department 133. Street Department 134. Building Department 135. Purchasing Department 136. Planning Department 137. Finance Department 138. Public Works Department 139. Harbors & Beaches Department CHAPTER 14 - SALARIES ARTICLE 141. Officers 142. Schedule of Officers' Salaries CHAPTER 15 - REPEALED BY ORDINANCE NO. 1225 (7/5/66) CHAPTER 16 - FISCAL MATTERS ARTICLE 161. Fiscal Year 162. Funds 163. Capital Outlays Fund 164. Gas Tax Fund CONTENTS CHAPTERS-ARTICLES CHAPTER 17 - TAXES Article 171 . Collection 172 . Sales and Use Tax 173 . Uniform Transient Occupancy Tax 174. Cigarette Tax 175. Real Property Transfer Tax 176. Utilities Tax CHAPTER 18 - PERSONNEL SYSTEM Article 181. General 182. Personnel Board 183. Competitive Service 184. Political Activities - City Employees 185. Severability DIVISION 2 - BUSINESS CHAPTER 21 - BUSINESS LICENSES Article 211. General 215. Oil Production Business License Tax .y CHAPTER 22 - CERTIFICATE OF PUBLIC NEED & NECESSITY. Article 221. Ambulance Service 222. Private Patrol Service CHAPTER 23 - OIL Article 231 . General 232 . Department of Oil Field Control 233 . Definition 234. Permits and Fees 235. Bonds and Insurance 236 . Drilling and Operation 237. Safety 238 . Enforcement 239. Activation of Non-producing Oil Wells CHAPTER 24 - DANCE HALLS Article 241. Permit 242 . Regulations 243 . Premises 244. Patrons 245. Enforcement CONTENTS CHAPTERS - ARTICLES CHAPTER 25 - MOTION PICTURE THEATERS Article 251 . General 252. Permit 253 . Building 254. Exits 255. Aisles 256. Operating Rooms CHAPTER 26 - PAWNBROKERS, JUNK DEALERS, & SECONDHAND DEALERS Article 261. Pawn Brokers 262 : Secondhand Dealers 263: Junk Dealers 264 Junk Collectors 265. Charitable Institutions 266. Records CHAPTER 27 - BATH HOUSES AND MASSAGE PARLORS Article 271. General 272. Permit 273 . Rules and Regulations CHAPTER 28 - AMUSEMENT & ENTERTAINMENT PREMISES - RESTAURANTS Article 281. General 282. Permit 283 . Enforcement CHAPTER 29 - COMMUNITY ANTENNA TELEVISION Article 291. General 292. Franchise 293 . Rights. Reserved to City 294. Permits, Installation and Service 295. Rules and Regulations 296. Miscellaneous 297 . Application for Franchise 298. Enforcement CONTENTS CHAPTERS - ARTICIA-;S DIVISION 3 - HEALTH CHAPTER 31 - SANITATION Article 311. Trash 312. Fly Control and. Abatement 313. Dust & Industrial Waste 314. Waste Water 315. Water Pollution Regulations CHAPTER 32 - REFUSE DISPOSAL Article 321. General 322. Definitions 323. Collection Vehicle &, Refuse Containers 324. Refuse Collection 326. Certificate of Public Need & Necessity CHAPTER 33 - FOOD Article 331. Food Establishments 332. Lunch Wagons CHAPTER 34 - WATER DEPARTMENT Article 341. Creation of Water Department 342. Service Connections 343. Fees, Rates and Deposits 344. Regulations Apply to Use of Water 345. Extension of Water Mains CHAPTER 35 - SANITATION DEPARTMENT Article 351. Creation of Sanitation Department 352. Sewer Connections 353 • Fees and. Deposits 354. Extension of Sewer Mains CHAPTER 36 - MISCELLANEOUS Article 360. Mobile X-Ray Units CONTENTS CHAPTERS - ARTICLES DIVISION 4 - SAFETY CHAPTER 40 - GENERAL Article 401. Shooting 402. Concealed Weapons 403. Drunks 404. Registration of Persons Convicted of Certain Crimes 405 . Inhaling, Breathing of Drinking Certain Substances 406. Sleeping in Vehicles 407 . Mirrors CHAPTER 41 - FIRE Article 410. Fire CHAPTER 42. - ANIMALS Article 421. General 422. Definitions 423. Animal Control Officers and Duties 424. Dogs 425. Other Animals 426 . Miscellaneous Rules CHAPTER 43 - DEFENSE-DISASTER Article 431. General 432. Defense-Disaster Council 433 . Powers: Duties 434. Director 435 . Personnel 436 . Organization 437. Offenses i CONTENTS CHAITERS - ARTICIE;S DIVISION 5 - WELFARE CHAPTER 51 - LIBRARY Article 510. General 1 511. Library Board 512. Meetings 513. Powers of Board 514. Fiscal Matters CHAPTER 52 - RECREATION & PARKS Article 521. Recreation & Parks Department 522. Director of Recreation & Parks 523. Fiscal Matters 524. Recreation & Parks Commission CHAPTER 53 - MORALS Article 531. Gambling 532. Pin Ball Machines 533 • Pool and Billiard Halls 534. Fortune Telling - Prohibited 535• Indecent Exposure of Topless & Bottomless Waitresses & Performers CHAPTER 54 - MINORS Article 541. Curfew CHAPTER 55 - NUISANCES Article 551. Weeds 552. Oil Waste 553• Solicitors , Peddlers, and Transient Vendors 554. Noises 555. Standing Water - Fencing 556. Inoperable Vehicles 557 Motorcycles and Motor-Driven Cycles 55b. Rubbish Abatement CONTENTS CHAPTERS —ARTICLES DIVISION 6 - TRAFFIC CHAPTER 60 - GENERAL Article 601. Definitions 602. Enforcement 603. Control Devices. . 604. Turning Movements 605. Miscellaneous Driving Rules 606. Pedestrian Regulations 607. Trains 608. Airports CHAPTER 61 - OPERATION Article 610. General 611. Prohibited Places 612. Truck Routes 613. One-Way Alleys 617. Speed Limits 618. Movement of Overloads - Permit Required CHAPTER 62 - STOPS AND YIELDS Article 621. General CHAPTER 63 - PARKING Article 631. General 632. Time Limit Parking 633. Loading Zones 634. Parking Regulations in City Parking Lots CHAPTER 65 - PARKING METERS Article 650. General 651. Meter Zones 652. Meters 653. Use of Meters 654. Enforcement 655. Accounting CHAPTER 66 - LOADING ZONES Article 661. Restricted Standing Locations 662. Establishing of Loading Zones c., CONTENTS. CHAPTERS— ARTICLES ;CHAPTER 67 m BICYCLES Article 670. General 671. Records of .City Clerk 672. :Records 673 . Transfers 674. Loss : Theft 675. -Violation CHAPTER 68 CABS Article 680. General 681. Certificate 682. Rates , - Charges 683 . Operation .684. Owner 's -Requirements 685. Driver's Permit 686 . Permit.and Certificate •Non-Transferable CHAPTER .69 - SELF PROPELLED WHEELCHAIRS OR INVALID TRICYCLES •ON 'SIDEWALKS Article 690. Operator's -Permit 691. Registration 692. Safety •Inspection and Decal 693 . Speed Limit 694. Right of Way 695. Distance .from Buildings 696 . Parking .on Sidewalks 697 . Applicability of Chapter 698 . Violation . D,IVISION 7 m PUBLIC PLACES CHAPTER 70 m GENERAL Article 701. Dressing :in .Public 702a City Property . 703 . -Warning Lights and Barricades CHAPTER 71 ® STREETS Article 711. Datum ,Plane 712. House Numbers 713 . .Utility Structures 714. Shade -Trees CONTENTS CHAPTERS - ARTICLES CHAPTER 72 - STREET WORK Article 721. General 722. Repaving CHAPTER 73 - SIDEWALKS Article 731. Maintenance 732. Driving on Sidewalks 733. (Repealed - Ord. No. 1784 - 11/72) 734. Obstructing Pedestrian Passage CHAPTER 74 - BENCHES Article 740. General 741. Permit 742. Issuance of Permit 743. Denial: Termination 744. Benches 745. Location 746. Signs 747. Enforcement 748. Removal 749. Insurance CHAPTER 75 - BEACH AND PIER Article 750. General 751. Beach Regulations 752. Pier Regulations 753. Beach Parking Lot Regulations 754. Lifeguard Requirements at Private Beaches 755. Permits Required 756. Enforcement CHAPTER 76 - HARBORS Article 760. General 761. Boating Regulations 762. Swimming Regulations 763. Harbor Sanitation 764. Pier and Dock Regulations 765'. Permits and Fees 766. Enforcement CHAPTER 77 - PARKS Article 771. General Provisions 772. Regulations 773. Penalty CONTENTS CHAPTER - ARTICLES CHAPTER 78 - PUBLIC BUILDINGS Article 781. General Provisions 782. Regulations CHAPTER 79 - PARADES Article 790. General 791• Permit 792. Appeal 793. Penalty DIVISION 8 - BUILDING CHAPTER 81 BUILDING Article 811. Building Code 812. Housing Code 813 . Moving of Buildings 814. Swimming Pools 815 . Masonry Walls 816. Driveways 817. Sun Decks and Windscreens 818. Trailer Parks 819. Dangerous Buildings CHAPTER 82 - NATIONAL ELECTRICAL CODE Article 821. Adoption of Code 822. Amendments CHAPTER 83 - UNIFORM MECHANICAL CODE Article 831. Adoption of the Uniform Mechanical Code (Uniform Building Code, Volume II, 1910 Edition) CHAPTER 84 - UNIFORM PLUMBING CODE Article 841. Adoption of the Uniform Plumbing Code, 1970 Edition CONTENTS CHAPTERS - ARTICLES DIVISION 9 - PLANNING CHAPTER 90 - PLANNING COMMISSION AND DISTRICTING PLAN Article 900 - City Planning Commission 901. Purpose and Effect of Districting 902. Enforcement 905. Establishment of Districts 906. Districting Maps CHAPTER 91 - LOW DENSITY RESIDENTIAL DISTRICTS Article 910. R1 District - Low Density Residential District 913. R1-PD5 District - Repealed (Ord. No. 1705. - 1/3/72) 916. R2 District - Medium Density Residential.District CHAPTER 92 - HIGH DENSITY RESIDENTIAL DISTRICTS Article 920. R3 District - Medium-High Density Residential District 923. R4 District -High Density Residential Districts 924. Mobilehome District 925. R5* - Office-Professional District - renumbered (Art. 940 - 6/72) 926. -PD Planned Development Suffix CHAPTER 93 - SPECIAL DEVELOPMENTS Article 931. Planned Residential Development 932. Apartment Standards CHAPTER 94 - COMMERCIAL DISTRICTS Article 940. R5 - Office-Professional Districts 941. Cl District - Neighborhood Commercial 943. C2 District - Community Business 945. C3 District - General Business . 947. C4 District - Highway Commercial . 948. Service Station Standards 949. Equine Standards -.Commercial CONTENTS CHAPTERS ARTICLES CHAPTER 95 - INDUSTRIAL DISTRICTS Article 951. M1-A District - Restricted Manufacturing 953. M1 District - Light Industrial . . 955. M2 District - Industrial CHAPTER 96 - MISCELLANEOUS DISTRICTS Article 960. RA District - Residential Agricultural District 961. Al District -Agricultural 962. SP-1 District - Special Zone (Cemeteries) 963. Equine Standards - Non-Commercial 965. S1 District - Shoreline 966. Community Facilities District 967. Civic District Suffix 968. 0 District - Combining Oil CHAPTER 97 - GENERAL PROVISIONS Article 970. Definitions 971. Non-conforming Uses and Buildings 973. Miscellaneous 974. Park & Recreational Facilities 975. Undergrounding of Utilities 976. Sign Code 977. Yards 978. Setback 979. Off-Street Parking CHAPTER 98 - ADMINISTRATION Article 980. General 981. Board of Zoning Adjustments, 982. Amendments 983. Conditional Exceptions 984. Use Permits 985. Design Review Board 986. Petitions 987. , Hearings 988. Appeal 989. Site Plan CHAPTER 99 - CITY SUBDIVISION ORDINANCE Article 990. Purpose of Ordinance 991. Definitions 992. Tentative Maps 993. Final Map 994. General Regulations and Design > 995. Improvements 996. Exceptions 997. Appeal 998. Parks and Recreational Facilities GENERAL PROVISIONS SECTIONS 0011 - -GENERAL 0021 - EFFECT OF CODE 0031 - CONSTRUCTION ".: 0041 ENFORCEMENT 0051 - NOTICES MRAL So 0011 'Title of Codeo Thoshall b known as the Huntington Beach Ordinance Code , " 5 - 7115- Z _ So 0012 Citing in Prosecutions . In any prosecution for the viola- tion of any provision of this Code , it shall be sufficient to refer- to-.the Code as the "Huntington Beach Ordinance Code ",! '�S, -r5z)- So 0013 Amendatory Ordinances . Any ordinance added to, amending or repealing this Code may be designated as an addition or amendment to, or repeal of, the "Huntington Beach Ordinance Code" EFFECT OF CODE S.. 0021 . Former Ordinances ° The provisions of this Code, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as tate- ments and continuations thereof and not as new enactments ,��g-_ �� So 0022 Prior Ordinance Violations . Prosecution for violation of ordinances committed prior to the effective d to of this Code shall not be affected by the adoption of the Code . So 0023 Licenses and Penalties , . The adoption of this Code shall not be construed as a waiver of any license or penalty due -and unpaid under any ordinance at the effective date of the. code ; nor shall such adoption be construed as affecting any provision of such ordinance relating to the collection of any such license or penalty or .the penal provisions applicable to the violation thereo 72 i So 0024 Bonds and Deposits . The adoption of this Code shall not affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to such ordinance ; and all rights Cd obliga 'ons thereunder shall continue in full force and effectig% S . 0025 Matters of Record. This Code shall not affect deposits or other matters of record which refer to, or are otherwise connected with, . ordinances which are therein specially designated by number of otherwise and which are included in the Code; but such references shall be cons ued -to apply to the corresponding provisions ` of the Code o S gg 7 ,Z S , 0031 GENERAL PROVISIONS CONSTRUCTI N So 0031 General. The provisions of is Code and all proceedings under it are to be construed to effect its object and to promote justice . S gc`- So 0032 Heading$ . Division, chapter, article and section headings contained herein shall not govern, limit, modify ,r affec the scope, meaning or intent of the provisions of this Codeo$ -75- S . 0033 Territorial Limitation. This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Huntington Beach and that territory outside of this City over which the City has jurisdiction or control by virtue of the Cons tution, r any law, or by reason of ownership or control of propert o _ � s S . 0034 Local Signification. All references in this Code to places , acts , persons or ' things and all else in relation 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(_�FY ` j � . . S . 0035 n Titles . The use ofthe 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 of Huntington Beach, unless otherwise desigPe5 d oSl-S . 0036 Definitions . As used in this Code, unless a differenl meanin is appa nt from the context or is specified else.-- where in the Code Sa 0036 .1 "City" means the City of Huntington Beac S . 0036 . 2 "Council" means the City Council of this Cit c"Fr- S . 0036 .3 "Oath" includes affirmation 7", �-�� S . 0036 .4. "Person" means and includes natural person, corporation, company, firm, association, organization, partnership, joint venture , trust, business trust, syndicate , estate , receiver, social club, fraternal organization, any group or combination acting s a unit, trustee , trustee in bankruptcy, receiver, executor, ministrator, assignee , fiduciary, and off' er, agent, employee and ervant of any of the foregoing. 415021_6�&9 588��sz S . 0036 .5 "Section" "Article, " "Chapter" and "Division" mean, respec- tively, Section, Article, Chapter and Division of 'this Cod6$�'/I S . 0036 .6 "Shall" and "must" are mandatory and "may" is permiss -C_ _ e . So 003607 "Written" . includes every form of legible recor i-ngo MI�Z " * S . 0037 Undefined Words . Words and phrases not define in this Code re construed according to the approved usage of the language . S . 0038 Number. The singular number i cludes the plural, and the plural the sinsularo(�RFr-7/<"Z GENERAL PROVISIONS S . 0038. 1 S . 0038. 1 Gender . Words u3ed 3' ' the m sculine gender include the feminine and neuter./ 5gg- 7;s S . 0038.2 Tense . Words used in the present tense include the ure . q S . 0039 If any section, subsection, sentence, clause, phrase o - por- i tion of this code, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the c" cision of any court of competent jurisdiction., such decision shall riot affect the validity of the remaining portions of this code, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconsti- t ut ip,na.1 41540-12/69) ENFORCEMENT S . 0041 VIOLATION: MISDEMEANOR. Any person who violates or will- fully fails ,� comply ith any provision of this Code is guilty of a misdemeanor( � _7�SZ S . 0042 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. _�/� S . 0043 PENALTY. Any person convicted of a misdemeanor under the provisions of this Code (unless otherwise provided herein) shall be punishable by imprisonment in the City Jail, of the City of Huntington Beach, if there be one, or in the County Jail of Orange County, as the Judge of a court of competent jurisdiction may direct, not exceeding six ' (6) months, or by fine not exceedi g five h dred dollars ($500.00) , or by both fine and imprisonmen7/ - S . 0044 RATIO OF IMPRISONMENT TO FINE. Any -judgment of fine shall direct that in default of the payment of such fine, the defend.ent shall be imprisoned, until such fine be satisfied; provided, that in case of such imprisonment for failure to ay the fine, the amount of the ne shall be reduced two dollars ( 2.00) for each day so imprisoned.. '�- 3-, ) V s . 0045 FORMRM---------OF ACTIOON. A violation of this Cod.e may be prosecuted by the City Council of the City of Huntington Beach in the name of the People of the State of- California or 4 may be redressed by civil action at the option of the Council Sgg-7s2- s. 0046 ABATEMENT OF NUISANCE. Whenever a public nuisance is main- tained or exists in this City, either under general law or defined to be such under this Code, it shall be the duty of the police of this City, and they are hereby authorized and empowered., to summarily abate the same by. removal, destruction or abatement of the act or thing constituting such nuisance . (588f --7/52__ S . 0047 GENERAL PROVISIONS ` S. 0047 ISSUANCE OF CITATIONS FOR VIOLATION OF CITY ORDINANCEr L-ta/g$ S . 0047. 1 When Person Arrested to be Given_ Notice to Appear dd 737 Whenever a• person is arres ed for a violation of any or finance of the City of Huntington Beach and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State of California, the arresting officer shall prepare in duplicate a written notice to appear in Court, containing the name and. ad.dress of such person, the offense charges, and the ti� nd. place where and. when such person shall appear in Court. (696 - ��Sg S . 0047.2 Time for Appearance. The time specified. in the notice to to appear must be at least five days after such arrest. (696l- l) S . 0047.3 Place of Appearance. The place specified in said. notice to appear shall be before -a, Judge of the Justice Court of the Huntington Beach-Seal Beach Judicial District, or before an officer authorized by the County of Orange to receive a deposit of bail. (696#_�0� S . 0047.4 Delivery of Capy to Arrested. Person; Release upon Signing Duplicate Notice . Said. officer shall deliver one copy of the notice to appear to the arrested. person and. the arrested. person in ord.er to secure release must give his written promise so to appear in Court by signing the duplicate notice which shall be retained. by the officer. Thereupon the arrestingg o ficer shall forthwith release they person arrested. from custody. (696 S . 0047.5 Filing of Duplicate Notice; Fixing Bail; Deposit of Bail; Forfeiture; Order of No Further Proceedin s . Said. Officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which is his judgment, in accordance with provisions of Section 1275 of the Penal Cod.e of the State of California, will be reasonable and sufficient for the appearance of the defendant and. shall endorse upon the notice a statement signed by him in the form set forth in Section 815 (a) of the Penal Code of the State of California. The d.efendant may, prior to the date upon which he promised. to appear in Court, deposit with the magistrate the amount of bail thus set. There- after, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited., and may in his discretion order that no further proceedings shall be had. in such case. Upon the making of such order that no further proceedings be had., all sums deposited as bail shall forthwith be paid. to the county treasury ' for distribution pursuant to Se tion 1463 of the Penal Cod.e of the State of California. (6961 --/®��� GENERAL PROVISIONS S . oo47 .6 S . 0047.6 Issuance of Warrant for Arrest. No warrant shall be issued on such charge for the arrest of a person who has- given such written promise to appear in Court, unless and until he has vio- lated such promise, or had failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and pro- visions of the judgment as required by Law. (696k -/YS-T S . 0047.7 Violation of Promise to Appear. Any personJ/willfully violating his written promise to appear in Court is guilty of a misdemeanor regardless of the dis QQsition of the charge upon which he was originally arrested . (696a S . 0047 .8 Issuance of Arrest, Warrant on Failure to A ear. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided herein, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense . When such person violates his promise to appear before an officer authorized to receive bail, other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear d the complaint, if any, filed by the arresting officer. (6960 -/%7 NOTICES- S . 0051 SERVICE OF NOTICES . Whenever a notice is required to be given under this Code (unless different provisions are otherwise specifically made herein) such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, add.ressed to such person to be notified , at his last known business or residence add.ress 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 d ed to have been completed at the time of deposit in the post office S . 0052 PROOF. 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 eighteen (18) .years, which shows service in conformity with this Code o other rovisions of law applicable to the subject matter concerned S . 0053 GENERAL PROVISIONS S . 0053 The termination or suspension (by repeal or whatever means effected) of any city law, whether such law was enacted prior to or shall be enacted after the effective date of this section, does not: . (a) Constitute a bar to prosecution and punishment of any person for a, violation of such law committed prior to such termination or suspension; or (b) Constitute a, bar to the commencement by city of any civil action or proceeding to enforce, maintain, protect or prosecute any civil right or remedy (whether at law or in equity) of city arising from such law, prior to and existing at the time of such termination or suspension; or (c) Affect the validity of any bond or cash deposit posted pursuant to such law and prior to such termination or suspension; or (d ) Constitute a, bar to collection or waiver of any license fee or penalty required by law, and due and unpaid prior to such termina- tion of suspension. �(1540-12/69) I GOVERNMENT DIVISION 1 _' G - bIVISION 1 GOVERNMENT CHAPTER 10. GENERAL 11 . COUNCIL 12. OFFICERS 13 . DEPARTMENTS 14 :SALARIES 16 . FISCAL MATTERS 17 . TAXES 18 . PERSONNEL SYSTEM I i ` P f I i ,d GOVERNMENT GENERAL S . . 1011_ CHAPTER 10 GENERAL ARTICLE 101. SEAL 102. CITY .HALL ARTICLE 101 SEAL S . 1011 Design of 'Seal: Inscription. The common .seal of the City of Huntington Beach shall .be so constructed as to make the following - impression: A- circle, with a centerpiece consisting of a view of ocean waves , :with -the outline of Catalina Island, - as seen from the City of Huntington Beach, in the background, and-with the . 'words , "City of Huntington .Beach, Orange County, California, Incorm porated February 17th, 1909 A.D. " surrounding said centerpiece and near ,the ,inside margin of said circle. (3g - 3/Oq ARTICLE 102 -CITY HALL ..S . 1021 Designation of City Hall. The room or -building used by the Council of the City of Huntington Beach for its meetings shall be called the "City Hall. " (11 -'°A09) ..S . 1022 Location of Civic Center. ..Those certain municipal buildings located . in the City of Huntington Beach and within the area bounded by Sixth Street on the northwest, Orange.-Avenue on the southwest, Fifth Street on the southeast and Main Street on the northeast .shall be the "Civic Center" o'_ the City of Huntington Beach. (l, 262, . 1337) `%9 C613 1 7/7 -_GOVERNMENT GENERAL S . llll CHAPTER 11 COUNCIL ARTICLE 111. COMPENSATION ARTICLE '111 ,COMPENSATION S . 1111 EXPENSE ALLOWANCE :FOR CITY COUNCILMEN. There shall be allowed to each member of the City Council the sum of :One -Hundred .Twenty-five Dollars ($125.00) per month. Said allowance is authorized- to reimburse •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 consideration for action by the City Council, and -all other expenses of their duties as Councilmen. The expense authorized hereunder need not be accounted for -by the recipients , but no other expenses shall be allowed except upon specific -authorization therefor -by the -City Council. ; 1346�-q�7 -< C2--3 l �y r GOVERNMENT OFFICERS S. 1200 CHAPTER 12 OFFICERS ARTICLE 120. ELIGIBILITY OF CANDIDATES 121. CITY CLERK 122. TREASURER 124. CITY ATTORNEY 125. POLICE CHIEF 126. ADMINISTRATIVE OFFICER ARTICLE 120 ELIGIBILITY OF CANDIDATES (1756 - 7/72) S. 1200 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 re- quirements 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 (1) complete year next preceding the date of his election or appointment. S. 1201 REGISTERED VOTER REQUIREMENT OF ELECTIVE AND APPOINTIVE OFFICERS. In the event any court of competent jurisdiction holds invalid or inapplic- able 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 (1) complete year next preceding the date of his election or appointment. S. 1202 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this article, or any future amendments or additions here- to, 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 article, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. S. 1211 OFFICERS GOVERNMENT ARTICLE 121 C Y CLERK , i 5'- YIy S. 1211 RECORDS OF COUNCIL, EQUALIZATION P OC EDINGS. The Clerk shall keep a record of the proceedings of the Council and of the Board of Equali- zation. (1.5j S. 1211.1 Correspondence. He shall conduct the correspondence of the Council, prepare, fill out and countersign all blanks and documents to be signed by the Mayor. (15.0-/°? S. 1211.2 Keeping of Books under State Law. As Clerk, he shall keep the various books specified in Section 878 of the Municipal Corporation Act. 1�w S. 1211.3 Oaths: Custody of Documents, Property. He shall have power to administer all the oaths and affirmations necessary in the performance of his duties; he shall have charge of and be held responsible for the books, papers and other property of the City in his office and in that of the Council. (15#-f6f S. 1212 ACCOUNTS. Keep account of all receipts and disbursements on behalf of the City. (151- �q) S. 1212.1 Charging Collectors. Charge all sums of money to the officers whose duty it is to collect the same. (15J_, S. 1212.2 Payment into Treasury. Give orders for the payment of money into the treasury. (15 11- 09 S. 1212.3 Assessments. As ex-officio assessor he shall list all real and personal property in this City for taxation, in the manner prescribed by the state laws and the ordinances of the Council, and shall transcribe the statements into the assessment roll. (151- S. 1212.4 Reports. He shall report to the Council, at the first regular meeting in each month, all receipts and disbursements of the City during the preceding month, and also present an annual report. (7:�4_ (,Charter Provision as to City Clerk: See Art. VII, Sec. W, of Chapter) r 7�y) 4 S. 1213 CITY PRINTING. Provide the City Officers, through whatever arrangement the Council may have made for the City printing and supplies, with the necessary books, blanks and stub receipts, requiring them to account for the same. (lit- `�l� GOVERNMENT OFFICERS S. 1221 ARTICLE 122 TREASURER S. 1221 QUALIFICATIONS. No one shall be eligible for election to, or to hold, the office of City Treasurer who is not a certified public accountant, or who has not had at least three (3) years practical experience in accountancy and bookkeeping. (431�-Ysq S. 1222 RECEIPT OF MONEY. The Treasurer shall receive on the orders of the Clerk and safely keep all monies belonging to the City, whatever its source, for which he shall give duplicate receipts, one to the depositor and the other to the City Clerk. (15, 2651 -/%� S. 1222.1 Funds. He shallyestablish and keep the money in the following funds: (a) Huntington Beach City Funds. CS- y1 y,2(15-/0/3) (b) A general fund which shall contain all unappropriated and unapportioned money. (15, 265#-�9�3� zq,q (c) A Library Fund. (15, 265 -/Y3 (d) A Music and Promotion Fund. (15, 265f-/5�3 4�%R (e) Such Funds as may be created by ordinance of this City for caring for money received from the sale of bond of this City and for the interest and sinking funds thereon. (15, 265V-/y3) (f) Street Improvement Fund. (15, 2651-/f3) G�9 S. 1222.2 Transfers from Fund to Fund. 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 created by ordinances for caring for money received from the sale of bonds of phis City and for the interest and sinking funds thereon, and Street Improvement Fund./,S_�� S. 1222.3 Repealed - Ordinance 1432. S. 1222.4 Quarterly Settlement. He shall make quarterly settlement to the Clerk. (15, 265) S. 1222.5 Monthly Report of Balance. Prior to the first meeting f each month, he shall report to the Clerk the balance in each fund S. 1222.6 Annual Report to Council. He shall also make an annual report to the Council. - (15, 265) (Ch ter Provision as to Treasurer: See Art. VII, Sec. �9� 2(os� /0/123 S. 1241 OFFICERS GOVERNMENT ARTICLE 124 Y ATTORNEY P3�� S. 1241 ELECTION OF ATTORNEY. The office of City Attorney shall hereafter be elective; and said officer shall be elected from the City at large for \ the term provided in Section 17 of Article VII of the Charter of this City. (402W-1/37) S. 1242 CONFENSATION. The Council shall set the compensation of said officer �' at not less than the amount paid said officer during the preceding year\ �0 Z—Y7 S. 1243 LEGAL ADVICE. The City Attorney shall be the legal advisor of the of- ficers in all matters pertaining to the business of the City. S. 1244 DRAFTING OF INSTRUMENTS. He shall draft all ordinances, contracts or other instruments for the City when requested to do so by the Council-. (15f-y/oy) S. 1245 PROSECUTION. He shall assist the Chief of Police by acting as -prosecuting attorney before the City recorder in all cases aLf breeches of or violations of or noncompliance with any ordinance of the City. (15V 09 S. 1246 OTHER DUTIES. He shall perform such other services as may be required of him by the general laws, by the ordinances of the City or by the instru- ctions of the Council. (15j,,;(Charter Provisions as to City Attorney: See Art. VII, r Sec. i I I I / GOVERNMENT OFFICERS S . 1252 ARTICLE 125 POLICE CHIEF q6.3 %2 8`/5157 S . 1252 COMPENSATION. The Council shall set the compensation of said officer at not less than the amount paid said officer during the preceding yXar.. l (4034- Y7) s 04 S . 1253 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 . S . 1253 . 1 Powers, Immunities of Sheriff . He shall have the same powers that are now or may hereafter be conferred on sheriffs (ythe� 1 ws of the State, and shall be entitled to the same protection . 15 f - S . 1253 .2 Jail: Prisoners . He shall have charge of the City jail and prisoners and of any chain gang which may be established by the Council. ( 15)-" S . 1253 . 3 Prosecutions .. It shall be his duty to prosecute before the recorder all breaches or violations of or noncom 1'ance with any ordinance which shall come to his knowledge . (15;- 9 S . 1253 .5 Reports . He shall make monthly and annual reports to the ` Council on the work of the Police Department . (1248f�_`/� S . 1253 .6 Others Acts . He shall perform such other acts as the laws ./ of the State and the ordinances of the Council may require . (15 (Charter Provisions as to Police Chief: See Article VII, Sec a, 1 y� of barter) S . 1254 OFFICERS GOVERNMENT S . 1254 Disposition of Unclaimed Property. All unclaimed property in the possession of the City shall be handled and disposed of in the following manner : (1457 , 1561-3/70) L'.2/0 (a) 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. (b) If no person claims the property, as provided in subsection (a) of this Section, such unclaimed property, except unclaimed bicycles , shall be held by the Police Department for a period of at least four (4) months , and unclaimed bicycles shall be held for a period of at least three (3) months . (c) Thereafter such property shall be transferred to the city Purchas- ing Department for sale to the public at auction. Upon transfer of such property to said city Purchasing Department, such property shall not be redeemable by the owner or. other person entitled to possession . If the city Purchasing Department determines 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 .- (d ) If the city Purchasing Department determines that any such prop- erty is not needed for a, public use, thereafter such property will be sold at public auction to the highest bidder, with notice of such sale being given' by the Purchasing Department at feast five (5) days before the time fixed therefor by publication once in a newspaper of general circulation published in the county. (e) 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 said property and reimburses the city for all expenses incurred in the care and preservation of said property, then said property shall be restored to the owner. (f) In the event any property cannot be sold at public auction, it may be given away to any fraternal, benevolent, patriotic, charitable 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, said property may be destroyed as junk, provided that if said unclaimed property con- y sists 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. GOVERNMENT OFFICERS S. 1261 ARTICLE 126 ADMINISTRATIVE OFFICER 52y-1 4F 76ti- 740-1 S. 1261 OFFICE CRE TED. A1POINiMENT-. STA S. POWERS. DUTIES. There is in the service of and for this City tRe position of Administrative Officer, who shall be appointed by, and serve directly under the supervision and control of, the Council, in a purely admin- istrative capacity, and whose powers and duties shall be as follows: (a) Routine Administration. To execute on behalf of the Council, its administrative supervision and control f such affairs of the City, as may be placed in his charge. (524$-/y� (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 his judgment the Council should be informed unless excused therefrom by the City Council, except when his removal is under consideration by the City Co it.%l "-Q740� -1V,,) �ceive (c) Mail. To 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 re- quiring Councilmani.c--action, may be disposed of between Council meet- ings: provided that all actions taken pursuant to such communications shall be reported to the Council at its next regular meeting there- after. (5240-��?) (d) Coordination of Departments. To assist the . Council in coordin- ating the administrative functions and operations of the various de- partments, 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 administra ion o the affairs of such departments, divisions or services. (524) 0 (e) Analysis. Recommendations. To analyze the functions, duties and activities of the various departments, divisions and services of the City government and of all employees thereof; and to make such reco- mmendations to the Council with reference thereto as in his judgment will result in the highest degree of efficl'ency in the over-all op- eration of the City government. (524P -4 (f) Repealed - (Ordinance 1689 - 12/71) (g) Director of Civilian Defense. To act as local Director of Civil- ian Defense. 7 0 -j (h) Budget Estimates. To cause to be prepared and submitted to him by each depar men , division or service of the City government, item- ized annual estimates of expenditures required by any of them for cap- ital 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 15th day of June of each year with his recommendations as to such changes which he deems advis b-le. S. 1261 (i) OFFICERS GOVERNMENT (i) Administration of Budget. To be responsible for the administration of the budget after its final ad ption; and to keep the Council informed with respect thereto. (5241 - I/yg� (j) Supervision over Expenditures. As agent for the Council, to supervise the expenditures of all depa tments, divisions, or services of the City government. (524, 704' -z�y� 411,4p (k) Equipment Inventory, Purchase. To make, and keep up to date, an inventory of all property, real and personal, 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, equipment, etc. , in use. - (524f-�g (1) 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 the succes- sful conclusion. (5241- P (m) Cooperation with Community Organizations. To cooperate within lawful limits, with all community organizations whose aim and purpose it is to advance the spiritual and material interests of the City and its people; and to provide them, w�hin lawful limits, with assistance through the City government. (524 -/vg) (n) Additional Duties. To perform such other duties pertaining to his osit' ons as the Council may from time to time, reasonably require. (524 - ?� "4 (o) Agency for Council. Limitations. The Administrative 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 whatsoever, nor attempt to commit or bind the Council or any member thereof to any action, plan or program requiring official Councilmanic action. (524t - g' (p) Duties Vested Elsewhere. It is not intended by this Article to ;rant any authority to, or impose any duty upon the Administrative )fficer which is vested in or imposed by general law or valid City >rdinances in any the City Commission, board, department, Officer )r employee. (524 Xi >. 1262 RESIDENCE. Residence in the City at the time of appoint- ment of an Administrative Officer shall not be required as condition of the appointment, but during his tenur of office the Aministrative Officer shall reside within the Cit *9 _ GOVERNMENT OFFICERS 5 . . 1263 No person elected as a Councilman of the City shall, subsequent to such election, 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. (740f- qy ,) S . 1263 BOND. The Administrative Officer shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the said City Council and shall be conditioned. upon the faithful performance of .the duties imposed upon the Adminis- trative Officer as herein prescribed . Any premium for such bond hall be proper charge against the City of Huntington Beach. (740W-//Sq) S . 1264 ABSENCE, The Administrative Officer shall designate an officer of the City of Huntington Beach to serve as acting Administrative Officer during any temporary absence or disability of the Administrative Officer. In the event of failure to make such desig- nation, the City Council may appoint an officer to perform the duties of the Administrative Officer during the pReriod of absence or disability of said Administrative Officer. (7407- �yS9J S . 1265 REMOVAL .OF ADMINISTRATIVE OFFICER. 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, sub- ject, however, to the provisions of the next succeeding sub-sections . 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. (740P -Ils1) S . 1265. 1 Hearing. Within seven (7) 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 Coun- cil 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, t which the Administrative Officer shall appear and be heard. (740$ -/��� S . 1265. 2 Suspension Pending Hearing. After furnishing the Adminis-, trative Officer with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall con- tinue until his removal by resolutio of the Council passed subsequent to the aforesaid hearing . (740t-11/5 So 1265.3 Discretion of Council. In removing the Administrative Officer, the City Council shall use its uncontrolled dis- cretion .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 Administrative Officer to present to said City Council h's grounds of opposition to his removal prior to its action. S . 1265.4 OFFICERS GOVERNMENT S . 1265.4 Limitation on Removal. Notwithstanding the provisions of this Ordinance hereinbefore enumerated, the Administrative Officer shall not be removed from office during or within a period of ninety (90) 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 said ninety - (90) day period aforementioned the provisions of the preceding section as to the removal of apid Administrative Officer shall apply and be effective . (740t-/©S, S . 1266 COMPENSATION. The Administrative Officer shall receive such compensation as prescribed in Article 159, Section 1591, or as amended, and expense allowances as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall . designate . Said Administrative Officer shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council; reimbursement shall only be made, however, when an itemized claim, setting forth the sums expended and for which reimbursement is requested, has been presented to the City Council for approval. (7401-ty.. S . 1267 Standard of Conduct. In the discharge of his duties as Administrative Officer, the person holding such position ` 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 hi hest possible standards of public service be continuously. (524 1 _ S . 1268 ATTENDANCE AT COMMISSION OR BOARD MEETINGS. The Administra- tive Officer may attend any and all meetings of any com- missions , 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 , or committees 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 co fissions , boards , or committees appointed by the City Council. (7401- n/s� S . 1269 COUNCIL MANAGER RELATIONS. The City Council and its members shall deal with the Administrative services of the City only through the Administrative Officer, except for the purpose of in- quiry, and neither the City Council nor any members thereof shall give any orders to any subordinates of the Administrative Officer. The Administrative Officer shall take his orders and instructions from the City Council as a Body, and no individual Councilman shall give a y orders or instructions to the Administrative Officer. (7404 - 1�c9`� GOVERNMENT DEPARTMENTS CHAPTER 13 DEPARTMENTS ARTICLE 131. POLICE DEPARTMENT 132 . FIRE DEPARTMENT 13,3 . STREET DEPARTMENT 134. BUILDING DEPARTMENT 135 . PURCHASING DEPARTMENT 136 . PLANNING DEPARTMENT 137 . FINANCE DEPARTMENT 138. PUBLIC WORKS. DEPARTMENT 139 . HARBORS & BEACHES •DEPARTMENT ARTICLE 131 POLICE DEPARTMENT 1 S. 1311 Department Established: Personnel. A olice Department is hereby established in this City. (2716�-_ S . 1311.1 Authority to Arrest. - Each and every member of/the - Police Department is hereby authorized to make arrests and detain prisoners in all cases where a peace officer is so authorized under the law of the State of California.. (216$ -d'�/.r S . 1311.2 Duty to Enforce. Laws . It shall be the duty of each and every member of the Police Department to enforce imparti- ally all the laws and statutes of the United States and of the State of California and all of- the Ordinance of this City; - within the-- limits of this City, and to perform such otherand further duties as by stat- ute and Ordinance now existing or hereafter enacted; may be imposed upon them in their capacity as peace officers . (216f-d� f� S . 1312 Daily Reports by Officers .. 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 t6 general olice regulations in the City which come to their notice . (216p S . 1312 .1 .False Reports . It shall be unlawful for any person to wil- fully make to the Police Department, or any officer in said department, any false, misleading or unfounded .report for the purpose of interfering with the operation of said department or for the- pur- pose of inducing or causing to be issued a complaint r indictment against any person, firm or corporation. (639$ � ti S . 1313 Promotions . Those elgible to advancement to the next high- er classification shall be promoted only upon recommendation of the Chief of Police, and thereafter shall receive the salary pro- vided for said classification. (216 . Fb��7��, y 16— igAZ5 S . 1314 DEPARTMENTS GOVERNMENT S. 1314 Discipline . All police officers shall at all times be sub- ject to the orders of the Police Chief, and shall be- sub- ject to c 11 by the Chief of Police at any time during the day or night. (216 _��� S . 1314.1 - 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 touch- ing the conduct of any police officer. (2160 - S . 1315 Reserve Police Force Established. There is hereby estab- lished 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 regular police officers of the department. The members of the reserve force may be called to active duty for the City of Huntington Beach at the discretion of the Chief of =Police . (661&% ' s-� a S . 1315 .1 Eligibility. Members of said reserve police force - shall be between the ages of 21 years and 50 .years residents of the City of Huntington Beach; shall be of good character and shall have no physical. disabilities . (661_V-51r7 S . . 1315 .2 . Training. Before being appointed as -a member of the reserve police force, the recruit shall sa+zisfactorily pass such training requirements as may be prescribed 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 nder the direct f. control and supervision of a police officer. (661 S . 1315 .3 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 r%c-ruits and reserve police personnel shall be subject thereto and to such other and further rules , regulations and orders as may be prescribed by the Chief of Police . (6610 - 7) S . . 1315 .4 Pay. No recruit shal•1 be entitled to any pay for service during the probationary period and no rgserve officer shall receive any pay for serving the required minimum of four hours, per duty week. The reserve officer shall be entitled to pay when called to active duty over and above said. minimum hours per duty week or when he replaces the services of a regular police officer. The pay of the reserve police officer shall be on an hourly wage equal to that of the beginning patrol- man in the regular police department. (661§ -./7 . S . 13155 Roster. The Chief of Police shall notify the City Clerk upon the acceptance of an application of a recruit for training in the reserve police force and at all times .shall 'keep a r suer �t of all recruits in active training and under instruction. (661 ,S�? GOVERNMENT DEPARTMENTS S . 1321 ARTICLE 132 FIR _ DEPARTMENT C-q2�- ��39� 599- /�5�� S . 1321 FIRE CHIEF'S APPOINTMENT. TENURE. The Fire Chief shall be appointed by the Council. and shall hold office at its pleasure . (427#- Charter , Provisions as to Fire Chief: See Art . VII, Sec . J01-- of Charter S . 1322 APPOINTMENT OF OFFICERS . EMPLOYEES . The Fire Chief shall appoint all other officers and employees of the Fire Depart- ment, subject to the approval of the Council. (427�-7�q/) S . 1323 PROMOTION. Those eligible to advancement to the next higher classification shall be promoted only upon recommendation of the Fire Chief and upon the approval of the City Council shall there- after receive the salary..prov.ided for said classification . (427-A591i �s6e� �T T��yr---a'n�a�`to�C_emm�: - - ,--•-De p a;r t� � �-r �- ARTICLE 133 ST EET DEPARTMENT '� ,y 2- 9 0-0 3/4 8 S . 1331 STREET DEPARTMENT ESTA_LISHED. There is hereby established a, Street Department in the City of Huntington Beach. (652) S . 1331. 1 Engineer in Charge. The City EngineeK shall be in charge of the Street Department. (704- 11/r S . 1332 STREET SUPERINTENDENT. APPOINTMENT. //////The Street Superin- tendent 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 of Huntington Beach, and by the laws of the State of Calif- ornia. (6923 700.1-IZ�g S . 1333 / SALARY. The Street Superintendent shall reoce 've such salary as shall be provided by. Ordinance. (6521 56� S . 1333 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. (652, 7001— S . 1341 DEPARTMENTS GOVERNMENT ARTICLE 134 B ILDING DEPARTMENT\ �- �SZ.���s�o� 1092-�0�s� S . 1341 BUILDING DEPARTMENT ESTABLISHED. Theme is hereby established \ a, Building Department in. the City of Huntington Beach. (652$-/0/6 S . 1342 BUILDING AND SAFETY DIRECTOR. APPOINTMENT. The Building and / Safety Director shall be head of the Building Department. The Building and Safety Director shall be appointed by the City Council and shall hold office at its pleasure . He shall have such powers and duties as are set Forth in the Char er and in the Ordinance of the City of Huntington Beach. (692) -4/5-3 S . 1343 SALARY. The Building Inspector shall have such salary as the Council shall provide by Ordinance . (6521- IX-6) S . 1344 APPOINTMENT OF SUBORDINATES . The Building Inspectors shall appoint all other officers, assistants, deputies and employees of the B lding Department, subject to. the approval of the City Council. (652&- � ARTICLE 135 FURCHA ING DEPARTMEN 61 '3-- /s� ' S . 1350 PURCHASING DEPARTMENT FATED. In order to establish efficient procedures for the purchase of supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exer- cise positive financial control over purchases, to clearly define author- ity for the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted . There is hereby created a central- ized Purchasing Department in which is vested authority for the purchase of supplies, services and equipment . "(693) -7t S . 1351 PURCHASING OFFICER. The Purchasing Officer shall be the head, and have general supervision of the Purchasing Department . The duties of Purchasing Officer may be combined with those of any other office or position . The Purchasing Officer shall have authority to: (a) Purchase or contract for supplies, services and equipment required by any using agency in accordance with purchasing procedures pre- scribed by this ordinance, such administrative regulations as the Purchasing Officer shall adopt for the internal management and operation of the Purchasing Department and such other rules and regulations as shall be prescribed by the City Council . (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment . (c) Act to procure for the City the needed quality in supplies, services and equipment at least expense to the City. (d) Discourage uniform bidd.ing and endeavor to obtain as full and open competition as possible on all purchases . GOVERNMENT DEPARTMENTS S. 1352 (e) Prepare and recommend to the City Council rules governing the purchase of supplies , services and equipment for the City. (f) . Prepare and recommend to the City Council revisions and amend ments to. the purchasing rules. (g) Keep informed of current developments in the field of purchasing, prices , market conditions and new products. (h) Prescribe and maintain such forms as reasonably necessary to the operation of this ordinance and other rules and regulations. (i) Supervise the inspection of all supplies, services and equip- ment purchased to insure conformance with specifications. (j ) Recommend the transfer of surplus or unused supplies and equip- ment between departments as needed and the sale of all supplies and equipment which cannot be used by any agency or which have. become unsuitable for City use. (k) Maintain a Bidders '- List , Vendors Catalog file and records needed for the efficient operation of .-the Purchasing Department. (6931-?/,�� S. 1352 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 Department; but he shall require that such purchases or contracts be made in conformity with the procedures established by this ordinance, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. (693j-WST) S. 1353 Estimates of Requirements and Requisitions. All using agencies shall file detailed estimates of their require- ments in supplies , services and equipment .in such manner, at such time, and for such future periods , as the Purchasing Officer shall prescribe, and using agencies shall submit requests for supplies, services and equipment to the Purchasing Officer .by standard requisi- tion forms. (6931 S. 1354 Bidding. Purchases of' supplies, services , equipment and the sale of personal property shall be by bid procedures pursuant to S_e.ct.ions _1357- and- 1358. Bidding shall be dispensed with only when an emergency requires"th`at 'an order be placed with the nearest abailable source of supply, when the amount involved is less than $200.00, or when the commodity can be obtained from only one vendor. 693 t - , S. 1355 Purchase Orders. Purchases of supplies , services and equip- ment .shall be made only by purchase order. (6931P_V S. 1356 Encumbrance of Funds. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies ,. services .or equipment unless there exists an unencumbered appropriation in the f nd account against which said purchase is to be charged. (693 -g�54 S. 1357 DEPARTMENTS GOVERNMENT S. 1357 Formal Contract Procedure. Except as otherwise provided herein, purchases and contracts for supplies , services , equipment and the sale of personal property of estimated value greater than $2,000.00 shall be by written contract with the lowest or highest responsible bidder, as th� case may be,* pursuant to procedure pres- cribed herein. (69:�f-7; S. 1357.1 Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. (a) Published Notice. Notice inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the City. (b) Bidders ' List. The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the Bidders ' List or who have requested their names to be added thereto. (c) Bulletin Board. The Purchasing Officer -shall also advertise pending purchases or sales by a notice postAqd on a public bulletin board in the City Hall. 093 S. 135702 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 entitled to return of bid security; provided that a successful bidder shall forfeit his bid securit upon refusal or failure to execute the contract within ten (10� days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract , 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. (!693 S. 1357.3 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 tabulation of all bids received shall be open for public inspection during regular business hours for a period of not 1 ss than thirty (30) calendar days after the bid opening. (693f-` S. 1357.4 Rejection of Bids. In its discretion, the City Council may re e t any and all bids presented and re-advertise for bids. c693$-g 8� S. 1357.5 Award of Contracts. Contracts shall be awarded by the City Council to the jowe responsible bidder except as otherwise provided herein. (69.31-) r GOVERNMENT DEPAETMENT S _ _ S. 1357.6 S. 1357.6 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 re- advertising for bids , the. City Council . may :accept the one it chooses or accept the lowest bid made--by Re otia ion with the tie bidders at the time .of the bid opening. (693;. �58 S. 1357.7 . Performance. Bonds.--- The- City.-'Council -shall have authority to require a performance bond -• before . entering 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 perform- ance bond, the form and amount;.o the bond :.shallbe . described in the notice inviting bids. (69.3 S. 1358 Open Market Procedure. Purchases of supplies , equipment , contractual services , and sales of personal property of an estimated value in. the amount of_ 2. 000:.'00 .:;:or; ,] es's. may: be. made by the Purchasing Officer in the open market without'`observing the procedure prescrib d by Section 1357, subject °to approval liy the= City Council. (693'� S. 1358.1 Minimum Number of Bids. Open market purchases shall , wherever possible,:-- be"based"ion 'at =least threebids , and shall be awarded to the lowest responsible bidder. (_6e93,j 1358.2 . Notice Invitin ' .Bids ' The Pur.chasirig Officer: shall solicit bids by .written requests to prospective vendors , by telephone , and by blic notice posted. on a public bulletin bo.ar.d . in. the City Hall. S. 1358.3 Written. Bids. Sealed written bids shall be submitted to the Purchasing Officer who shall keep a record of all open mar- ket orders and bids for a period of one year after the submission of bids or the placing of orders. .-, This record, while so kept , shall be open to public inspection. (693:0"-'?/S- S. 1359 Inspection and Testing, The Purchasing Officer shall in- spect supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifi- cations 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 necessary to determine their quality and conformance with specifications. (693 1=YS-.- S. 1359.1 Surplus. Supplies and Equipment. All using. agencies shall submit to the Purchasing Officer, 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 unsuitable for City use, or to exchange the same for , or trade in the same on, new supplies and equipment. Such sales shall_ be made pur suant to Section 1357_or _13.5.8_, whichever is applicable. (6930 - S. 1361 DEPARTMENTS "GOVERNMENT ARTICLE 136 PLANNING DEPARTMNT S. 1361 Planning Department. Established. In order to secure the benefits accruing to the City from the orderly growth and development of land within the City, there is hereby established a Planning Department in the City of Huntington. Beach. (882* > S. 1362 Planning Director. Appointment.. The Planning Director shall be the head of the Planning Department. The Planning Director shall be appointed the City Council and shall hold office at its pleasure. (882� S. 1363 Planning Director. Duties. The .Planning Directbr shall have such powers and duties asset forth by Ordinance of the City of Huntington Beach. The Planning Director shall attend all meetings of the Planning Commission ' s deliberations. The .Planning Director shall serve as Secretary to the Planning Commission. (8821_/1 j/ S. 1364 Salary. The Planning Director shall receive such salary as the Council shall provide. by Ordinance. The Planning Director shall also receive such other compensation as Secretary to the Plann. g Commission as the City Council shall provide by Ordinance. (882 ►.�Zj. S. 1365 Appointment of Subordinates. The Planning Director shall ap- point all other officers , assistants , deputies and employees of the Planning Department , subject to the approval of . the City Council.. (8825 -11/0 I, `I GOVERNMENT DEPARTMENTS So 1371 ARTICLE -137 FINANCE' DEPARTMENT" 968, 12689. S. 1371 Finance Department Established.,.- In accordance. with .S:ection 70.6-.of the _Charter of the City of Huntington Beach,_ the 'Finance Department• is hereby estab hed, S. 1372 Director of Finance -`Functions and- Duties. Under .the direction of the City Administrator; t Director of Finance shall; per-form the following 'funcaions and duties :9(1g S. 1372.1 Have charge of the administration' of` the financial affairs of the City and shall behead of..the Finance Dep rtmen$t. 9(08- S. 1372.2 Direct and supervise the personnel in- the Finance Dep tment.� ~SI3 S. 1372.3 Establish and maintain a--:system -of financial procedures , -ac- counts and controls for the City 6vernment and each of its offices , officers , departments and agencies.����.5�3� S. 1372.4 . Supervise and be responsible for the disbursement of all monies _and have control of all expendttires to insure that budget appropriations are not excee-ded; , after .proper audit and approval as prescribed by the .City. Charter , prepare all checks o.r .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 cdy/ S. 1372.5 Supervise and, be responsible fot. ihe' collection of all monies paid into or received by the City from- 'whatever source; in- sure that all such monies be received and receipted for by the Collection Division of the Finance Department ; insure . that 'all monies so collected and- received shall` be deposited. with 'the .City Treasurer. no later than the first working day following said .receipt be responsible for the promulgation, . installation and control of methods and system of in- ternal control as regards collection and receipt of monies by depart- ment or agencies of the City which do not lend themselves to centralized cashierin establish and create a system of centralized cashiering for the City ( g_ S. 1372.6 DEPARTMENTS GOVERNMENT S. 1372.6 Supervise and be responsible for` all billing and col- lection of accounts receivable , including water billings ; for billing and collection for amounts due from other governmental units ; for billing and collection of all amounts due,,on contracts , leases or other agreements entered into by the City 96 S. 1372.7 Supervise and be responsible for the billing and col- / lection of business license fees and pe rydits. v-E/,3, �) S. 1372.8 Be the CityAuditor (o - S 7 1 3) S. 1372.9 Submit required reports periodically to the City_ Council as prescrib d by the City Ch rter, by State law, or by sound financial practice. S. 1372.10 Perform such other duties as may be required 68-S/31/2-68- 1��� S. 1372.11 Investment of all City funds shall be jointly determin- ed by tke City Administrator , City -Treasurer and Director of Finance. S. 1373 Director o.- Finance. . Minimum Qualifications. Gradu- ation 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. Know- ledge of modern principles and practices of .municipal finance ad- ministration; 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 o.operation of other depart- ment heads , subordinates and the public S. 1374 Director of Finance. Bond. Before assuming the duties of his office the Director of Finance shall execute and deliver 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 n less than $100,000.00. .. The City shall-' bear the cost of said bond. L?, g _S�3/ 1,26P_1�1 GOVERNMENT DEPARTMENTS S . 1381 ARTICLE 138 PUBLIC -ORKS DEPARTMENT 91q- e (,3 S . 1381 PUBLIC WORKS DEPA TMENT EST LISH D-. Ther is hereby estab- lished a Public Works Department. c7� Y _/3 S . 1382 DIRECTOR OF PUBLIC WORKS . APPOINTMENT. Powers and Duties . The Public Works Department shall be under the supervision of a Director of Public Works . The City Engineer shall be the Director of Public Works and shall be • appoint-ed under the provisions of the Charter of the City of Huntington Bleach and shall have such powerg��and duties as provided by the Charter of the City of Huntington Beach( 41_q-S63 S . 1383 DIRECTOR OF PUBLIC WORKS . SALARY. The salary of the �� Director of Public W rks sha 1 be set forth by ordinance of the City of Huntington Beach. rj ARTICLE 139 HA ORS AND BEACHES DEPARTMENT S . 1391 HARBORS AND BEACHES DEPARTMENT. ESTABLISHED. In order to establish, facilitate 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 fa-cilities, there is hereby established a Harbors and Beaches Department.( S . 1392 DIRECTOR OF HARBORS AND BEACHES . APPOINTMENT. The Director of Harbors and Beaches shall be appointed by the. City Admin- istrator w th approval of th City Council and . shall also be the Chief Lifeguard .(, ?9 7- �3/ /2 6-5-- S . 1393 POWERS AND DUTIES . Und.er' direction, the Director of Harbors. and Beaches shall be responsible for the efficient adminis- tration of the Harbors and Beaches Department and. shall have such powers and. duties as set by resolution of the City of Hunti on Beach. 7-U3, 125S-Na S . 1394 SALARY. The Director of Harbors and Beaches shaL_receive � such salary as is provided by the City Counp'i9 7 - �/lo3, ��T�r- S . 1395 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 Administrator697_ 'FX 2, /1SS- 9/G� , GOVERNMENT SALARIES S . 141.1 - CHAPTER 14 • SALARIES f ARTICLE 141 . OFFICERS 142. SCHEDULE OF OFFICERS ' SALARIES ARTICLE 14 OFFICERS y34 70� S-��yo� �/ S:�! 7�7o S . 1411 City Clerk. The City Clerk shall have custodial super- vision of the Municipal Auditorium, the City Hall and the Municipal" Pavilion, and shall be ex-officio assessor, and ex-officio auditor, (434f —3/yo) S . 1411 . 1 Assessor. The City Clerk shall be ex-officio Assessor; and is hereby allowed one deputy assessor. (434) -%� . S . 1412 Attorney° • The City Attorney shall perform such duties- as are required by the City Charter; (4340 - �IVo� S . 1412. 1 Allowances . In addition to his salary the City Attorney shall receive an additional sum per month for stenographic and clerical assistance as may be allowed by the Council, - and such additional fees -.or compe sation as are provided for in the City , Charter. (434 , 5971-��3 2/ya S . 1413 Collector: Appointment: Tenure , The Collector shall be appointed by the Council 'and shall hold office at their pleasure. (434 , 470t .��/�3� t 2/yo S . 1413 . 1 Appointment of- Deputies . The Collector may appoint the City Treasurer and may appoint the -City Clerk and any or all of his deputies or any deputy assessor as deputy collector, with the consent of the City Cle , subject, however, to the approval of , the Council, (434 , 470�- 3 C 2�� S . 1413 . 2 Salaries . The Collector and his deputies ,shall receive` such salary and co ensation as is provided in this Division. (434 , 470, 5974- y/3 S . 1414. 1 Assistant City Engineer. The Assistant' City Engineer shalI 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 in the Engineering Department as set forth in the / Charter and by Ordinances of the City of Huntington Beach. (652t- r S . 1415 Fire Department , 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 firemen who shall be subject to call by the Fire Chief for kiuty during any emergency, fire , or fire drill, (434 , 597� - /S3 <A/yb- S. 1421 SALARIES GOVERNMENT AL E 142 —L�lolo SCHEDULE OF OFFICER+ SALARIES S. 1421 SCHEDULE OF SALARIES. �,05P 883, 1394, 1727 -• 2/_.7.2) sy 1/Gz L3/� (a) Commencing April 18, 1972, the monthly salary of the City Clerk shall be One Thousand Six Hundred Two and no/100ths Dollars ($1,602.00) . (b) Commencing April 18, 1972, the monthly salary of the City Treas- urer shall be Two Hundred Seventy and no/100ths Dollars ($270.00) . S: 4�l...1/L--CRepeal(i d;� Ordinance_ 727 C 420.2� Repealed __Ordinance_ 1�727=2/72� GOVEI71VNtENT FISCAL MATTERS S. 16,11 --� CHAPTER 16 FISCAL MATTERS ARTICLE 161. FISCAL YEAR 162. FUNDS 163. CAPITAL OUTLAY:' FUND 164. GAS TAX FUND ARTICLE 161 FISCAL YEAR S. . 1611 Commencement of Fiscal Year. The fiscal year of this Cit shall commence on the first day of July of each year. (43i_3,o ARTICLE 162 FUNDS G 7_<L-1o91 7 3S- S. 1621 Copies. of Resolutio�s;. -`City Treasurer.a Whenever the Coun- cil shall pass any resolution concerning the funds of this City, the City Clerk shall, before six o 'clock of the day following the day upon which the .said resolution is passed., liver to the City Treasurer a certified copy of the said resolution�7- 1a4 S-.. .1622 Library Copies, If the sald resolution concerns the library fund, he shall also,. within the same time, deliver a like copy to the Clerk or Secretary of the Board of Library Trustees. (37 V- o S. 1623 Receipts for Mone Z. Whenever the City Treasurer shall receive any money neiLUnging to this ity, he shall give duplicate receipts therefor as follows :G7- P-/o 5. .1624 Library Funds.. For all money/deposited in the Library Fund, one receipt to the depositor, one to the Clerk or Secretary of the Board of Library Trustees., .and one the . City Clerks 3-? - / ) S. 1625 Other Funds. For- all money deposited in any other fund of has Ci y, one receipt to the depositor, and one to the City Clerk. (370 S. 1626 Library Reports, The Clerk or Secretary of the Board of Li rary 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 said Library Board during the preceding month, in addition to an other re- port required of such Clerk or Secretary by law. (37#— IZ� g S. 1627 FISCAL MATTERS . - GOVERNMENT S. 1627 Sewer Fund. There is hereby created a fund to be knownr.as ewer and" and all funds received by the City for off-site i sewer charges, connection and sewer fees from subdividers, and other, shall be deposited in such fund and shall be disbursed only for the use and pur- poses of construction of sewers, sewer lateral , connections , sewer main- tenance and uses incidental thereto. (7381 -�Q � ARTICLE 163 CAPITAL OUTLAYS FUNDS S. 1631 Fund Created. A fund i herebY createdo for capital outlay;: for pu lic improvements under the provisions of that certain Act of the Legislature of the State of California entitled: ' "An Act to provide for the levy and collection of taxes and assessments for the pur- pose of creating a fund for capital outlays by cities, counties, cities and counties or districts" , 'approv July 1, 1937, and being Chapter 717 of the Statutes of 1937;. (529 S. 1631.1 Designation of Fund. Such /fund sh 11 be known .as "Special Fund for Capital' Outlays". sz9 -sv�,Z S. 1631.2 Pur ose of Fund. It shall remain inviolate for the making of any capital outlays for public improvements 5;29 -S% >S. 1631..3 Expenditures from Fund. No moneys shall be disbursed therefrom excepting for such a purpose, excepting uI{on consent of the electors obtained as provided in said Act. (52-90- S/ye S. 1631 4 Levies:. Limitation. Taxes may be levied/upon the taxable property in said ity for the raising of moneys for said fund; but no levy so made shall exceed the limitation imposed by the Charter of the City of Huntington Beach upon the right of said City to impose taxes, without the assent of two thirds (2/3) of the qualified electors of said City voting at any eneral o special election at which such proposition may be submitted. 529� -S�g S. 1631.5 Transfer of Surplus Funds.. The Council may transfer to such fund any unencumbered surplus fund remaining on hand in the City at the end of any fiscal year. �� S. 1631.6 Planned Local Draina a Facilities Fund. There is hereby 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 reimbursement for ,donstruction of local drainage facilities within the Planned Local Drainage area from which the fees comprising the funds were collected. (789 -1 of GOVERNMENT FISCAL MATTERS S. 1641 ARTICJLE 164 GAS TAX FUND So 1641 Creation of Fund,, --To compYy with the provisions of Ar icle 5 or CHapter 'l. of Division 1 of the Streets and Highways Code, with particular reference to the amendments made there- to by Chapter 642 , Statutes .of 1935, there is hereby created in the City Treasury a special fund to be known as the 11Special Gas Tax Street Improvement Fund". (388#- /�sl c So 164101 PMments into Fund. All moneys received by the City from the State o California under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or .highways other -than state highways shall be paid into said fund. (388) ti S 164192 Expenditures from Fund. All moneys in said fund shall be �r expended exclusively for the purposes authorized by, and subject to, all of the provisions of Article 5 Chapter 1, Division 1 of the Streets and Highways Code. (388JF GOVERNN�ENT TAXES. S . 1711 CHAPTER 17 TAXES ARTICLE 171. COLLECTION 172. SALES AND USE TAX 173 . UNIFORM TRANSIENT OCCUPANCY TAX 174. CIGARETTE TAX 175. REAL PROPERTY TRANSFER TAX 176. UTILITIES TAX ARTICLE 171 C O' ECT I ON S!o 7 S , 1711 Collection Delegated to Countya The City of Huntington Beach does hereby elect that the duties of the assessment of city property for city taxes , the equalization and correction of the assessment, the collection, payment and enforcement of the taxes , includ- ing delinquent 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 Collector and equal- ized by the City Council of the City of Huntington Beach, shall be per- formed by the County Assessor, the County Tax Collector, the County Auditor and the Board of Superviso s of Orange County when acting as board of equalization. (5V S . 1712 Repeal, All ordinances or parts of ordinances in conflict herewith are hereby repealed, except as the same may be necessary for the assessment and collection of taxes pursuant to law by county officials , and except further to enforce the collection 'of all city taxes assessed by the City which may now be or which may become delinquent. (•56-7� S . 1721 TAXES GOVERNMENT ART,IC'LE 172. SALM AND USE TAX �q3- 3/s�� 97g- ��/ S . 1721 aE22, e . The City Council of the City o Huntington Beach hereby declares that this ordinance 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 a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code of the State of California; (b) To .adopt a sales and use tax ordinance which incorporates pro- visions indentical to those of/the Sales and Use Tax Law of the State of California insofar as those provisions are not incon- sistent with the requirements and limitations contained in Part 1. 5 of Division 2 of the said Revenue and Taxation Code.; (c) To adopt a sales and use tax ordinance which imposes a one percent (1%) 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 practical to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the . State Board of Equalization. in administ- ering and collecting the California State Sales and Use Taxes ; (d) To adopt a sales and use tax ordinance 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 said 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 provisions of this ordinancej. (py3-;3/, 6 So 1722 Operative Date. Contract with State . This ordinance shall become operative on April 1, 1956 , and prior thereto this City shall contract with the State Board 'of Equalization to perform all functions incident to the administration and operation of this C; sales and use tax ordinance ; provided, that if this City shall not have contracted with the said State Board of Equalization, as. above set forth, prior to April 1, 1956 , this ordinance shall not be opera- tive until the first day of the first calendar quarter following the execution of such a contract by the City and by the State Board of Equalization, provided further that this ordinance shall not become operative prior to to the operative date of the Uniform L cal Sales and Use Tax Ordinances of the County of Orange.(� _3/S� GOVERNMENT TAXES Se 1722,1 . Se 1722,1 Except as hereinafter provided, and except insofar as they are inconsistent. with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, all of the provisions of Part 4 of Division 2 of said Code, as amended and in force and effect on April 1, 1956 , applicable to sales taxes are hereby adopted and made a part of this section .as though fully set forth herein; �,_,. F', So 172202- Wherever and to the extent that, in Part 1 of Division 2 of the said Revenue and Taxation Code of the State of California is named or referred .to as the taxing agency, the City of Huntington Beach shall be substituted therefore Nothing in this subdivision shall be deemed to •require the substitution of the name of the City of Huntington Beach for the -word "State" when that word is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, or the name of the State Treasury, or the Constitution of the State of California; nor -shall the name of the City be substituted for that of the State in any section 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 that State Board of Equalization, in performing the functions incident--to the administration or- operation of this ordinance ; and neither shall the substitution .be deemed to have been 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 gross receipts which would not otherwise be exempt from this tax while those gross receipts remain subject to tax by the State under the provisions of Part l of Division 2 of the said Revenue and Taxation Code ; not to impose this tax with respect to certain gross receipts which would not be subject to tax by the State under the same provisionsof that Code ; and, in addition, the name of the City shall not be substituted for that of. the State in Sections 6701, 6702, (except in-the last sentence thereof) , 6711, 6715, 6737, 6797, and 6828 - of the said Revenue and Taxation Code as adopted, S , 172203 If a seller's permit has been issued to a retailer under Section 6068 of the said Revenue, and Taxation Code , an additional seller°s permit shall not be .required by reason of this section, (,,C/?r l So 172204 There shall be excluded from the gross receipts by which the tax is measured- (a) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (b) Receipts from sales to operators of common carrier and water- borne vessels of property to be used or consumed in the operation of such common carriers or waterborne vessels princi- pally outside of this City. s/ . S 1723' TAXES GOVERNMENT So 1723 Sales Tax. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the city at the rate of one percent (1%) . of the gross receipts of the retailer from the :sale of all tangible personal property sold at retail in the City o Hunting n Beach on and after the operative date of this ordinance 6'g33 3�5� _ S , 1723 .1 For the purpose of this ordinance , all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the re- tailer 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 a 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 b prescribed and adopted by the Board of Equalizarn, 878' � l 3 So 1724 Use Tax. .. An excise tax is hereby imposed on the storage, us:e or other consumption in the City of Huntington Beach ` of tangible personal property purchases from any retailer on or after the operative date of this ordinance, for storage, use or other con- sumption in the city at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to State ales or se tax regardless of the place to which delivery. is made 43,_ 3 . S.o 1725 Except as hereinafter provided, and except: insofar as they are inconsistent with the provisions of Part 1.5 ` Ff of Division 2 of the said Revenue and Taxation Code, as all of the J provisions of Part l of Division 2 of said Code, as amended and in force and effect on April 1, 1956, applicable to use taxes are hereby adopted and madk a part of this section as though fully set forth herein�43- SL So 1?26 TAXES GOVERNMENT So 1726 There -shall be .exempt from the tax due under this section : (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 has -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 . (878f- /I�(, (c) The storage or. use of tangible personal property in the transpor- tation or -transmission .of persons , . property or communications , or in the .generation, transmission or distribution of electricity or in the manufacture, transmission, or distribution of gas in intra- state, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California. (d) The use or consumption of property purchased by operators of common ,carrier and waterborne vessels to be used or consumed in the operation of such common carriers, or waterborne vessels principally outside the CityeC�c�3`13/s�� . So . 1727 - Amendments .^ .All amendments of the - said Revenue and Taxation Code"-enacted subsequent to the effective date of this ordinance ,which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the said Revenue and Taxation Code shall automatically become a part of this ordinance S . 1728 - 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 ordinance, or Part 1;5 of Division 2 of the Revenue and Taxation Code , of any tax or any amount of tax re- quired to be collected010t�� _ 6\ GOVERNMENT TAXES S . 1725.1 So 1725.1 Wherever, and to the extent that, in Part 1 of Division 2 of the said Revenue and Taxation Code, the State of California is named or referred to -as the taxing . agency, the name of this City shall be substituted thereforl. Nothing in this subdivision shall be deemed to require the substitution of the name of this City for -the -word "State" when that 'Word is used as. part of the title of the State Controller, ' the State Treasurer, the State Board of CorltXol, -the State Board of Equalization, or the name of the State Treasury, or of the Constitution of the State of California; nor shall the name of the City be subsituted for that of the State in any section -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 Equalization, in performing the functions incident to the administration or operation of this ordinance ; and neither shall the subsititution be deemed to have been made in those sections , in- cluding 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 storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax -while such storage, use or other consumption remains subject to tax by the State under -the provisions of Part l of Division 2 of the said Revenue and Taxation Code , or to impose this tax with respect to certain storage , use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that Code ; and in addition, the name of the City shall not be substituted for -that of the State in Sections 6701, 6702, (except in the last sentence thereof) 6711, 6715, 6737, 6797, and 6828 of the said Revenue and Taxation Code as adopted, and the name of the City shall not be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 nor in the definition of that phrase in Section 6203; J.UMP... )Y(I GOVERNMENT TAXES S . 1731 ARTICLE 173 UNIFORM TRANSIENT OCCUPANCY TAX S . 1731 PURPOSE. The City Council of the City of Huntington Beach hereby declares that this ordinance, which. shall be known as the Uniform Transient Occupancy Tax Ordinance is adopted to provi a tax on the rent charged in a hotel by the operator of said hotel S . 1732 DEFINITIONS . Except where the context otherwise requires, the definitions gi en in this section govern the construction of this ordinance: y) (a) Person. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, truste , syndicate, or any other group or combination acting as a unit. p��-��� (b) "Hotel" means any structure, or any portion- of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and. includes any hotel, inn, tourist home or house, motel, studio hotel,. bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or* house trailer at a fixed location, or other similar structure or portion thereof. (c) Occupancy. "Occupancy" means the use or possession or the right to the use or possession of any room or rooms or portion thereof, in .any hotel for dwelling, lodging or sleeping purposes . ids?(,/�) (d) Transient. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days . Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninter- rupted period.s of time extending both prior and. subs quent to the effective date of this ordinance may be considered . (e) Rent. "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued. in money, whether to be received in money, goods, labor or otherwise, includ- ing all receipts, cash, credits and property and. services of any kind or nature, without any deducation therefrom whatsoe er. i I' s . 1733 (f) TAXES GOVERNMENT (f) Operator. "Operator" means the person who is proprietor of the i hotel, whether in the capacity of owner, lessee, sublessee, mort- gagee in possession, licensee, or any other capacity. Where the operator performs his functions through managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this ordinance and shall have the same duties and liabilities as his principal. Compliance with the provisions of this ordinance by either the principal or the mana ng ag t shall, however, be considered to be compliance by both( (g) Tax Collector. "Tax Collector" means the Tax Collector Qnl,3 q) S . 1733 TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate . Said. rate shall be declared by the City Council by resolution from time to time.. Said. tax constitutes a debt owned by the transient to the city which is extinguished. only by pay- ment to the operator or to the city. The transient shall pay the tax to the operator of the hote•1 at the time the rent is paid . If the rent is paid in installments , a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient 's ceasing to occupy space in the hotel. If for any reason the_tax due is not paid to the operator of the hostel, the tax collector may require that such tax shall be paid directly to . the tax collet r.,��1590-eff.-��o 10/1/70) oGI S . 1733 .1 Exemptions . No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which it is beyond the power of the city to impose the tax herein provided; (b) Any Federal or State of California office or employee when on official business; (c) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon a claim therefor made at the time rent is collected. and ijprder penalty of perjury upon a form prescribed by the Tax Collecto S . 1733 .2 Operator' s Duties . Each operator shall collect the tax imposed by this ordinance to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or ind.irectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner herein- after provided . /0(0 g,- (o i GOVERNMENT TAXES S . 1733 .2.1 . S . 1733. 2.1 REGISTER. (a) Every owner, keeper or .proprietor of any lodging house, rooming house, motel or hotel shall keep a register wherein he shall require all .guests , roomers or lodgers to inscribe their names upon their -pro- curing lodging of a room or accommodations . Said register shall also show the day of the month and year -when _said name was inscribed, and the room occupied, or to be occupied by said lodger, or roomer or guest in such lodging .house , rooming house , motel .or hotel. Said register shall be kept in a conspicuous place in., said lodging house, rooming .house , motel or hotel, and shall at all times be open to in ection .by any- Peace - Officer of the State of California. (1226)-7`� (b) GUESTS MUST -REGISTER. Before any lodging . for hire to any person(s) in any lodging house, or before renting .any. room to -any person(s) in any. rooming house , or before , furnishing .any accommodations to any guest(s) at any motel or hotel, the proprietor, manager or owner thereof shall require the person(s) to whom such lodgings are furnished, or room -is rented, or accommodations furnished, to inscribed his/their names (s) in such register kept for that purpose as hereinabove provided, and shall set opposite said name(s) the time when said name (s) was/were so inscribed, the room occupied by such lodger(s) , roomer(s) , or -guest(s) , and the license number and description o the vehicle said lodger(s) , roomer(s) or guest(s) drove . (12261=7/6 ::S . 1733. 2. 2 PENALTY. Any person violating any of the provisions of Section 1733. 2.1 (a) and (b) shall be guilty of a mis- demeanor and shall be.-punishable-therefor by a fine of not more than Eive Hundred Dollars ($500.00) or by imprisonment in the City. or County Jail for :a period of not mo a than six (6) months or both such fine and imprisonment. (12261 --7/4 S . 1733 .3 Registration. Within thirty (30) days after the effective date of this ordinance , or within thirty (30) days . after commencing .business , -whichever -is later, each operator of -any hotel rent- ing occupancy to transients shall register said hotel .with the Tax Col- lector and obtain from her :a "Transient Occupancy Registration Certi- . ficate" to be at all times posted in a conspicuous place on the premises .. Said certificate shall, among other things , state the following : (1) The name of the operator: (2) The address of the hotel; (3) The date upon which the certificate was : issued. . (4) "This Transient Occupancy Registration. Certificate signifies that the person named on the face hereof as. fulfilled the requirements of the Uniform Transient -Occupancy Tax Ordinance by registering with the Tax Collector for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Collector. This certificate does not authorize any person to con- duct -any unlawful busines or to conduct anylawful business in an .unlawful manner, not to operate a hotel -without strictly complying with -all .local applicable laws , including .but not limited to those requiring .a permit from any board, commission, department of oPfice of this city, , This certificate does not constitute a permit. '/ 6e_Ky Se 173304. TAXES - . GOVERNMENT So 1733.4 Reporting and Remitting. Each operator-shall file a report the last day of the month following the close of each calendar -quarter, or at the close of any shorter reporting period which may be established by the Tax Collector, on forms provided by her, of the total rents charged and received and the amount of tax collected for transient occupancies . At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Collector, The Tax Collector may establish shorter reporting periods for any certifi- cate holder if she deems it necessary in order to insure collection of the tax and she may require further -information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this ordinance shall be held- in trust for they accoun- of the city until payment is made to the Tax Collector,Q0(� e--(4l� So 1733 .5 Penalties and Interest, (a) Original Delinquency. Any operator who fails to remit .any tax imposed by this ordinance within the time required shall pay a penalty of 1075� of th ount of the tax in addition to the amount (;�o� of the tax. $-6/� (b) -Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a. period of thirty (30) days following the date on which the remittance first became delinquent . shall pay a second delinquency. penalty of 10% of the amount of the tax in addition to t e amount of the tax and the 10% penalty first imposedop (c) :Fraud. If the Tax Collector determines that -the -nonpayment of any remittance due under this ordinance is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in addition to the -p alties stated in subparagraphs (a) and (b) of this section /p6,g-•t�� (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this ordinance shall pay on .the amount of the tax, exclusive of penalties , from the date on which the remittance first became delinquent until paido /OGt�-�� (e) :Penalties Merged with Tax. . Every penalty imposed and such interest as accrues under the provisions of this section s all .become a part of the tax herein required to paid, . G0VERNMENT TAXES S . 1734 S . . 1734 Failure to Collect and:Report :Tax. Determination of Tax by -Tax Collector. . If any.•operator -shall .fail or -refuse to collect said tax and to make , .within the time -provided - in this or- dinance, . any.•report and remittance - of said tax. or :any -portion thereof required by this ordinance, the Tax Collector shall- proceed .in such manner . as . she -may deem best to obtain facts and' information .on -which to base her estimate of the • tax due. As soon as the ,Tax Collector shall .procure .such facts and information as she is able to obtain upon which to base the assessment- of any tax :imposed by -this ordinance and payable by any operator -who- has failed or-refused to collect the same .and to makg -such ,report- and remittance, .she :shall-. proceed to determine and assess against such operator the tax, interest. and=penalties provided for by this ordinance. In case such determination !.is made, the Tax Collector shall give a notice of the-amount so assessed by serving it personally or -by depositing it .in !the United States •Mail, postage prepaid, addressed to -the operator so -assessed at his last -known -place of address . Such -operator -may-. within ten (10) days after the serving or mailing of such notice make application. in writing to the Tax Collector -for -a heating on the amount assessed. If application -by the �operator -for a hearing . is not made ,w thin the -time -prescribed, the .tax, .- interest and penalties , - if any, determined by the Tax Collector shall, become final .and conclusive and, immediately due and. payable. . If such .application -is made:., the -Tax Collector shall give not : less than five (5) days written notice. in the manner prescribed herein to the operator to show cause at a time and.:place fixed in said notice why said amount specified therein -should not -be fixed for such tax, interest -and penalties At such hearing, the operator may appear and offer -evidence why such specified tax, interest and penalties should . not be so fixed. After such hearing the Tax Collector -shall determine the proper tax to be remitted and. shall thereafter -give -written notice to the- person and in the manner :prescribed herein of such determination and the •amount of such •tax, , interest and:.penalties . The amount determined to _be due shall be- payable .after fifteen (15) days unless an appeal .is taken as provided - in Section 1734. �� .-S. 1734.1 Appeal. , Any operator.-aggrieved by -any decision of the Tax Collector .with .respect to the amount of such -tax, interest and penalties , - if any, may appeal to the City -Council by . . filing .a notice of appeal .with the ..City Clerk within -fifteen (15) . days of the serving or mailing of the determination of tax due , The Council shall fix a time and-place .forhearing such appeal, and the City Clerk -shall. give -notice in writing .to such operator -at his last known place of address . The findings of the ,Council -shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for -service. of notice of hearing. Any amount found to be duesh 11 be :immediately due and payable upon the service of notice 6g_�y S' 173-4.1 TAXES GOVERNMENT So 173402 Records , It shall be the duty of every operator liable for the collection and:payment .to the -city of any tax imposed by this ordinance to keep .and preserve, for a -period of three years , all records as maybe necessary to determine the amount of such tax as he may-have been liable for -the collection of any. payment of the city, which records the -ax Collec or shall have the right to inspect at all reasonable times 16& . So 1734.3 Refunds . , (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 rejeived by the .City under -this ordinance it may be -refunded as proyided in subparagraphs (b) and (c) of this section . provided a claim -in' writing .therefor, stating under -penalty of perjury tie speci-fic grounds upon which the e-laim _is founded, is filed- with the Tax Collector -within three years of the date of payment. Pe claim .�shall -be on forms furnished -.by -the Tax Collector q) (b) An operator -may claim a refund or -take as credit against taxes.._ collected and remitted the amount overpaid; paid more than once or- erroneously or -illegally collected or received when .it is established- in a. manner -prescribed-by the= Tax Collector -that the . person from-whom the tax has been collected was not a transient; provided, however, that neither a - refund -nor a credit shall be allowed unless the amount of the tax so collected has either been . refunded to the transient or credited to rent ubsequently pay- ."able by _the trans ient -to �the operator<_0(,8.1/y (c) A -transient may obtain a refund of taxes overpaid or paid more than once or erroneously or - illegally collected or received by , the city by. fil.ing a claim in -the amnner--provided .in subparagraph . (a) of this section, but only when the tax was :paid by the transient directly to the -Tax Collector, or -when the transient having paid . the tax to the operator, . establishes to the satisfaction of :the Tax Collector that the transient has ,been ,unable to obtain :.a refund from the operator who collected the tax (d) No refund shall be paid under -the provisions of. this section unless . the claimant established his ight the to by written records showing entitlement thereto, >06'g.-fo�� '0MRNN°ENT TAXES S — 1734.4. Actions to Collect. Any tax required to be •paid by any transient -under the provisions of this ordinance shall be deemed a debP owed 'by the transient to the city. Any such tax collected by --an operator which has ,not been paid to the city shall be deemed a debt owed by the operator to the city. . .Any person owing . money to ,the City under the provision of this ordinance shall be liable to an .action brought..in the nam of the C' ty of Huntington Beach for the recovery of such ,amount �pig- � So 1735 Violations : Misdemeanor. Any:person violating :any of the provisions of this ordinance .shall .be guilty of a misdemeanor -and shall be punishable therefor by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment. in the city jail for a per. of not more than six months or by both such fine and. imprisonment. �Oc . Any operator -or -other person who fails to refuses to register as required herein, or -to furnish .any return required to ,be made, or ,who fails or -refus'es to furnish .a supplemental return or -other data required by -the Tax Collector or -who renders a false or -fraudulent -return or claim, is guilty ofa misdemeanor, and is punishable -: as aforesaid. . Any.-person required to ,make render, . sign, or -verify ,and report or claim who makes any false •or . fraudulent report or -claim with: intent to defeat or evade the determination of any -amount due required by this ordinance to be made, _ is .guilty of a misdemeanor and - is.: punishable as afore aid &i-, S . 1736 Severability. If any. section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any.-part thereof is for any reason held to be unconstitutional, such decision -shall not affect the validity of the remaining portions of this ordinance or any part -thereof. The City Council hereby declares . that. it•would have -passed each section, subsection, subdivision, paragraph, sentence, clause or .-phrase thereof, irrespective of the fact that any one -or more section, subdivision,, paragraph, sentence, clauses or--phrases be declared unconstitutional.( (/O, � r GOVERNMENT- TAXES S. L7.41-7 ART ICt&.174. CIGARETTE.,TA)C (1247�i=9%j /v � sus e/�afs. /32T. _9/C►7� S. 1741. initi-oris S. 1741.1 Cigarette means any ro11 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 the greater part m de of tobacco and such roll weighs over three pounds per thousand. rt2q7 -9/v/ 13TO -1%.) . S. 1741.2 Use or Consumption includes the exercise of any right or power over cigarettes incident tb the ownership thereof other than the sale of the cigarettes or th keeping or retention there- of for the purpose of sale,, �7_y�, / /35 0-907 S. 1741.3 Retailer shall mean' any domestic or foreign corporation, association, syndicate , joint. .venure , joint stock company, partnership of any kind, club, Massachusetts business or common ,.law trust , society or individual :w' ho sells cigarettes for any purpose other than resale. Where cigarettes are offered for sale through the means.:of a vending machine, the person holding title to the cigarettes in the machine shall be deemed the retailer.�a4 7_5���i /3S �0_ ,) S. 1742. Tax,- Imposed. An -excis.e tax is hereby imposed upon the use or consumption in the City of Huntington Beach of cigarettes purchased from a retailer for use or comsumption within the City of Huntington,,Reach at the rate o one and one half mill ( 0.0015) per cigarette 7 -����� i3so: -9/j S. 1742.1 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. r a purchase from a retailer is -made within the Ci:ty.; -the tax .shall .be. paid to the retailer at the time the purchase price is paid. The tax collected or required to be collected by the retailer constitutes a debt owned 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 rice of Zcigarettes at the time of sale to the user or consumer. gO��I�b7 ) S. 1742.2 TAXES GOVERNMENT S. 1742.2 Retailer Remits Quarterly. Each retailer selling cigar- ettes withing the City of Huntington Beach shall collect the tax imposed under Section 1742 of this Article, 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 determines that .efficiency in the adminis- tration 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 cigarettes for any reason. All taxes collected by retailers pursuant to this Article shall be held in trust for the account of the City until payment thereof is made to the. Director of F' ante //�q7- /�l f 3s-o- 7 S. 1742.3 Registration - 9 - o -%7)S. 1742.3.1 Within 30 days after the operative date of this Article, or withing 30 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, however, each retailer who does not operate from a fixed place of business shall keep the reg- istration 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; (c) The date upon which the certificate was issued; (d) "This Cigarette Tax Registration Certificate signifies that the person named on the face hereof has fullfilled the requirements of the Cigarette Tax Ordinance by collecting the Cigarette Tax from purchasers of cigarettes and remitt.i.ug said tax to the Director of Finance. This certificate- does:'.not -author.izc any:::.person::.to '-.conduct `•any lawful ':business in:'.an unlawful ma*ih6P..;- .iior. :to..op.eraae-:a cigar$tte retailing business. without. complying. .with-'.all:-+.state `and :.loeal..appli:cAble laws; including but -not limited to those .requiring:-'d:*_peirmit .from -any board,;: commission;: department or' of ice of this City. This certificate does not consti- tute a permit. " -GOVERNMENT TAXES So 1742.3 . 2 So 1742.3 .2 A retailer having more than one place of .business within the City at which -cigarettes are sold shall be required to obtain a separate registration for each such place of uisinesso �ja y7,-5/(,, /35a So 1743 PENALTIES AND INTERESTCy7_j1,,, 135fl-9� So 1743 .1 Original Deliquency Period. Any retailer who fails to remit any tax imposed by this Article within the time required shall pay a penalty of ten per cent O%) of .the amount- the f tax in addition to the amount of the tax o q 7- 9��c0 j 3,�q .9�� So 1743 .2 Continued Delinquency. Any retailer who fails to remit any deliquent remittance within one month following the date .on which the remittance first became delinquent .shall pay a second deliquency penalty of ten percent (10%) of the amount of the tax in addition/to amount of the tax and the ten per cent (10%) penalty first imposed N-7- 61/7 So 1743 .3 Fraud. If the Director of. .Finance determines that the . nonpayment of any remittance due under this Article is due to fraud, a payment of twenty-five per cent (25%) of the amount of the tax shall be added thereto in addition to the e�nalties stated in Section 1743 .1 and Section 1743 . 2 of this section 2 e.7- 11.3s-o_'�('7 So 1743 .4 . Interest. In addition to the penalties imposed, any re- tailer who fails to remit any tax imposed by this Article shall- pay interest at the rate of one-half of one per cent ( 05%) per month or fraction thereof on the amount of the tax, exclusive of penal- ties , from die date �bn which t e remittance .first became delinquent until paid ray7-9/lost 35-0 -g�) S . 1743 .5 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 Dal yo7_y/(,,,)3So�� S .' 174-3a6 Penalties During .Pendency of Hearing of Appeals No penalty '— provided under the terms of this Article shall be imposed during the pendency of any .hearing which is provided - for in Section 1745 of this Article nor during the pendency of any appeal to the City Council which is provided for in Section 1745 of this Artic -e- So 1744 -TAXES 'GOVERNMENT S . 1744 FAILURES TO REPORT AND COLLECT TAX: DETERMINATION BY DIREC- TOR OF FINANCE, If any retailer shall fail or refuse, within the time provided for in this Article, to make any report and remit- tance of said tax or any portion thereof required by this Article, the Director of Finance shall proceed to obtain facts and information on which to base his estimate of the tax due . As soon as the Director of Finance shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this MrZ_-'.cle and payable by any retailer who has failed or refused to make such report and remittance, he shall proceed to determine and assess against such retailer the tax interest and penalties provided for by this Article . 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 pre- paid, addressed to the distributor so assessed at his last known place of address . Such retailer may within ten (10) 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 conclusive and immediately due and pay- able. If such application is made , the Director of Finance shall give not less than five (5) days written notice in the manner prescribed . 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 may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing, the Director of Finance shall determine the proper tax to be remitted and shall thereafter give -writ- ten notice to the retailer in the manner prescribed herein of such determination and the amount of such tax, interest and penalties . The amount determined to be due taken as payable after fifteen (15) days unless an appeal is taken as provided in Sectiqd-'1745 / 2�17-gjlo(o (3 S O- quo 7 S . 1745 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 Council by filing a notice of appeal with the City Clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The Council shall fix a time and place for hearing such appeal and the City Clerk shall give notice in writing to such 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 prescribed 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 Cay7_9`4 )3 C) ' 9 . GOVERNMENT TAXES S o 1746 . S a 1746 Refund .So 1746 .1 Whenever-the amount of -any tax, interest or penalty has been over--paid or -paid more than once or has been erroneously . or illegally collected or received by the City under this Article, it may be refunded as provided: in Section 1746 . 2 of this section -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 l24�7-,7K l3Sn 9/ _So 1746 . 2 A retailer may claim a refund or take as credit against i 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 over paid or -paid more than once or has been erroneously or- illegally collected or received th Cityo �l�� 1�q7. l���' ll07 Sa 174603 No refund shall 'be paid under the provisions o this section un ss the claimant establishes by written records) entitle- ment thereto. i�y�� 9��G� ►3Sa-g��� So 1747 Actions To Collect. Any tax required to be paid by a retailer under the provisions of this Article shall be deem- ed a debt owed to the City. Any person owing taxes under the provisions of this . Article shall be liable to an action. brought in t-e name of the City of Huntington Beach for the recovery of such amount./2-.L/7-g16(o 13SA-gf� i . So 1747A Records . It shall be the duty of every retailer liable for the collection .and payment of the City of any .-tax im- posed by •this Article to keep and preserve, for a period of four years , all records as maybe 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 If Finance shall ha e the right to inspect at all reasonable times � So 1748 Violations Misemeanoro ..Any person violating any. provision of this Article shall be guilty of a misdemeanor and shall be punishable by a fine -of .not more than Five Hundred Dollars ($500,00) or by -imprisonment .in -the City jall for not more t n six months or by both such fine and imprisonment.(/ - f/6&, 12 r vw . 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 fraud- ulent zeturn or -claim, is guilty of a misdemeanor, and punishable as aforesaid, Any person required to make, tender, sign or verify any report or claim who makes a false or fraudulent report or claim with . intent to defeat or evade the determination of any amount due required by this Article to a made - is guilty f a misdemeanor and is punish- able as aforesai (35O - 917 S, 1749 TAXES GOVERNMENT S . 1749 Severability. If -any section, subsection, subdivision, paragraph, sentence , clause or �phrase of this Article or any part thereof is for any reason held to be unconstitutional such decisions shall not affect any part thereof. The City Council hereby declares that it .:would have passed each section, subsection, subdivision, paragraph9 sentence, clause or phrase thereof, irrespective of the fact that any one -or -more -sections , subsections , subdivisions , paragraphs , sentences , clauses or phrases be declared unconstit onale GOVERNMENT TAXES S. 1750 t ARTICLE 175 REAL PROPERTY TRANSFER TAX / > S . 1750 This ordinance shall be known as the "Real Property Transfer Tax Ordinance" of the City of Huntington Beach. It is adopted pursuant to the authority contained in Part 6 .7 (commencing with Section 11901) of Derision 2 f the Revenue and Taxation Code of the State of California.( ' 3�q_/1,�� S . 1751 There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Huntington Beach shall be granted, assigned , transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or another person or persons, by his or their direction, which the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds one hundred dollars ($100) , a tax at the rate of twenty-seven and one-half cents ($ -.,275) for each five hundred dollars ($500) or fractional part thereof. ' 3G9_ S . 1751. 1 Any tax imposed pursuant to Section 2 hereof shall be paid by any person who makes, signs or issues any document or instrument subject to t , tax, r for whose use or benefit the same is made, signed or issued S . 1752 Any tax imposed pursuant to this ordinance shall not appl to any instrument in writing given to secure a, Oebt q S . 1753 Any deed , instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a, party shall be exempt from the tax imposed pursuant to thi rticle when the exempt agency is acquiring. title . (1369, 15381-=/1 L 9) S. 1754 Any tax imposed pursuant to this ordinance shall not apply to the making, delivering or . filing of co veyances Cto make effective any plan of reorganization or adjustment-- (a) Confirmed under the Federal Bankruptcy Act, as amended; j (b) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 / of Title 11 of the United States Code, as amended; S . 1754 (c) TAXES GOVERNMENT (c) Approved in an equity receivership proceeding in a court involving -p,corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or (d) Whereby a mere change in identity, form or place of organization is effected. Subdivisions (a) to .(d) , inclusive, of this section .shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years rom the date of such con- firmation, approval or change 13 �9_ ►/�� S. 1755 Any tax imposed pursuant to this ordinance shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined: in subdivision (a) of Secti 1083 of the . Internal Revenue Code of 1954; but only if-- �31oq_nJ�g (a) 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 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935; (b) Such order specifies the property which is ordered to be conveyed; (c) Such conveyance is made in obedience to such order. S . 1756 Partnerships C 0 _ ►11CA> S . 1756 .1 In the case of any realty held by a partnership, no levy shall be imposed pursuant to this ordinance by reason of any transfer of .an interest in .a partnership or otherwise, if-- (a) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (b) h contnuing .partnership continues to hold the realty concerned. Ou 1 S . 1756 .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 ordinance, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of .any lien or encumbrance re- maining thereon) , all realty held by such partnership at the time of such termination. (9 _ II0 GOVERNMENT `CAM - - - _ S,:___17 56 .3 1y561-3 -Not more-:_than .one tax :shall be .imposed. pursuant. to this ordinance .by.. reason ..of :a.- termination .described .in :.Sub= division,: (b) ,. and.:any.'transfer :pursuant thereto, with :respect -to. the realty held .by such:partnership,at the .time of-such ter min - 3:on. _ The. :County Recorder -shall .administer this ordinance.:in confortiity;with ,:the provisions of part .6 .7. of::Division .2 of the Revenue and:,Taxation .Code .and the provi ions . of any .-county , ordinance .adopted: preuan thereto. 5.. Claims `far re'iund of taxes imposed: pursuant to this -.brdifianoe_:ahall .be -governed 'by -the_ provisions of Chapter •5 . (66meheing ;kith 1.Section 3096) : of part 9 of .Mvis ion °.1 of the :.Revenue and,.Taxation.-.Code. of the::.State of -California ,.9 _S.9 TIAO'' ordinance sha.1l. become :operative upon the .operative date of any ordinance adopted by the.County of Orange; pursuant: to Part 6 7 (c0mencing Vith -Section .11901) of )ivi.aio GOVERNMENT TAXES 176(j ARTICLE 176 UTILITIES TAX (1598-9/70) ;_; :L.'(F,r� 1�1�.;1.'I1V_C'I'1.O1V,.; J�,x.c.cpl; wi�c:rc l,liu � ��il,i`tiL ot.t��:a•w.i.:; i• iii.i.:�.•��: , the - de kifflition:-, yven in trait; :-i ction govern Lhe con;;trtic tllo n of this article . (a) Person means any domestic or foreign corporation firm, association, syndicate, joint stock company, partnership of any kind., joint venture, club, Massachusetts business or commonlaw trust, society, individual, or municipal corporation. (b) City shall mean the City of Huntington Beach. (c) Telephone Corporation, Electrical Corporation, Gas Corporation, Water Corporation, and Cable Television Corporation shall have the same meanings as defined in Section 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. "Electri- cal corporation" and "water corporation" shall be construed to include any organization, municipality or agency engaged. in the selling or supplying of electrical power or water to a service user . (d ) Tax Administrator shall mean the Finance Director of the City of Huntington Beach. (e ) Service Supplier shall mean a person required to collect and remit a tax imposed by this article . (f) Service User shall mean a person required to pay a tax imposed by this article . (g) Month shall mean a calendar month. S . 1761 TELEPHONE TAX. (a) There is hereby imposed a tax upon every person in the city, other than a telephone corporation, using intrastate telephone communica- tion services in the city. The tax imposed by this section shall be at the rate of five per cent (5%) of all charges made for such services and shall be paid by the person paying for such services . (b) As used in this section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term "telephone-communication services" include land- mobile services or maritime-mobile services as defined. in Section 2 . 1 of Title 47 of the Code of Federal Regulations , as such section existed on January 1, 1970. S . 1761 (c) TAXES GOVERNMENT (c) Notwithstanding the provisions of subsection (a) the tax imposed under this section shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed by Section 4251 of Title 26 of the United States Code, as such section existe-d on January 1, 1970, without regard. to subsection (b ) thereof S . 1762 ELECTRICITY TAX. (a) There is hereby 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 per cent (5%) 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 (1) metered energy, and (2) minimum charges for service, including customer charges , service . charges , demand charges , standby charges, and annual and. monthly charges . (b) As used in this section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises upon which the energy was received, provided however, that the term shall include the receiving of such energy for the purpose of using it in the the charging of batteries . The term shall not include electricity used in water pumping by water corporations; nor shall the term include the mere receiving of such energy by an electrical corporation or governmental ag ncy at a point within the City of Huntington Beach for resale . 5 g9_9/a� S . 1763 GAS TAX. (a) There is hereby imposed a tax upon every person in the City of Huntington Beach 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 per cent (5%) of the charges made for such gas . (b) There shall be excluded from the base on which the tax imposed in this section is computed (1) charges made for gas which is to be resold and delivered through mains or pipes; (2) charges made for gas to be used in the generation of electrical energy by an electrical corporation; (3) charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities; and ( ) charges for gas used in water pumping by water corporations . �598-9/,� S . 1764 WATER TAX. (a) There is hereby 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 per cent (5%) of the charges made for such water and shall be paid by the person paying for such water. , I GOVL,MMN'J' _ib� (b) There shall be excluded from the base on which the tax imposed in this section is computed charges made for water which is to be resold and delivered through mains or pipes; and charges made by a municipal water department, public utility or a county or munici- pal water district for water used and consumed by such department, utility or district in the conduct o the business of such depart- ment, utility or d is tric /5 9 j/7Y S . 1765 CABLE TELEVISION TAX. There is hereby imposed a tax upon every person in the city using cable television service . The tax imposed by this section shall be at the rate of five per cent (5%) of the charges made for su h servi� nd shall be paid by the person paying for such service sqg-9�0 S . 1766 EXEMPTIONS . Nothing in this article 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� Y7)0 S . 1767 COLLECTION OF TAX 7 ��j� (a) Every person receiving payment of charges from a service user shall collect the amount of tax imposed by this article from the service user . (b) The tax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice of the service supplier . (c) The duty to collect tax from a service user shall commence with the beginning of the first regular billing period applicable to that person which shall begin as of January 1, 1971, or at the beginning of the first regular billing period thereafter which would not include service prior to January 1, 1971. Where a person receives more than one (1) billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period /7_\ S . 1767.1 Reporting and Remitting . Each service supplier shall, on or before the 2Oth of each month, make a return to the Tax Administrator, on forms provided by him, stating the amount of taxes billed by the service supplier during the preceding month. At the time the return is filed, the full amount of the tax collected. shall be remitted to the Tax Administrator. The Tax Administrator is author- ized 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 article . Returns and remittances are diAe immediately upon cessation of business for any reaso . �5 9�J'70 S . 1767.2 Penalty. (a) Taxes collected from a service user which are not remitted to the Tax Administrator on or before the due dates provided in this article are delinquent . S . 1767 .2 (b ) TAXES GOVERNMENT (b) Penalties for delinquency in remittance of any tax collected or any deficiency determination, shall attach and be paid by the person required to collect and. remit at the rate of fifteen per cent ( 15%) of the total tax collected. or imposed herein . (c) The Tax Administrator shall have power to impose additional penalties upon persons required to collect and remit taxes under the provisions of this article for fraud or negligence in report- ing or remitting at the rate of fifteen per cent (15%) of the amount of the tax collected. or as recomputed by the Tax Adminis- trator. (d) Every penalty imposed under the provisions of this section shall %come a p�rt of the tax required. to be remitted . S . 17 :3 Actions to Collect . Any tax required to be paid by a service user under the provisions of this article 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 article shall be liable to an actin brought in the name of the city for the recovery of such amount . S . 1767.4 Failure to Pay Tax. Administrative Remedy. Whenever the Tax Administrator determines that a service user has deliberately withheld the amount of the tax owed by him from the amounts remitted to a service supplier, or that a service user has failed to pay the amount of the tax for a period of two (2) or more billing periods, or whenever the Tax Administrator d.eems it in the best interest of the city, he may relieve the service supplier of the obligation to collect taxes due under this article 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 add.ress , to his last known ad.dress . If a service user fails to remit the tax to the Tax Administrator within fifteen (15) days from the date of the service of the notice upon him, which shall be the date of mailing if service is not accomplished in person, a penalty of twenty-five per cent (25%) of the amount of the tax set forth in the notice shall be imposed, but not less than Five Dollars ($5.00) The penalty shall become part of the tax herein required to be paid �S GOVERNMENT TAXES S . 1767 5 S . 1767.5 Assessment . Administrative Remedy. (a) The Tax Administrator may make an assessment for taxes not paid or remitted by a person required to pa,,y or remit . A notice of the :-31c1c0;1:1ment which :;hal1 refer briefly to the am6unt of tho taxes and pcna.lties i.rriposed arid the time -.rid place when :such -hall be submitted to the City Council for confirmation or modifica- tion. The Tax Administrator shall mail a copy of such notice to the person selling the service and. to the service user at least ten (10) days prior to the date of the hearing and shall post such notice for at least five (5) continuous days prior to the date of the hearing on the chamber door of the City Council. Any interested party having any objections may appear and. be heard at the hearing provided his objection is filed in writing with the Tax Administra- tor prior to the time set for the hearing,.' . At the time fixed for considering said assessment, the City Council shall hear the same together with any objection filed as aforesaid and thereupon may confirm or modify said assessment by mo on. ,, S . 1767.6 Records . It shall be the duty of every person required to collect and remit to the city. any tax imposed by this article to keep and preserve, for a period of three (3) years , all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the Tax Administra- tor, which records the T Adminis ator shall have the right to inspect at all reasonable times S . 1767.7 Refunds . (a) Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this article, it may be refunded as provided in this section. (b) A person required to collect and remit taxes imposed under this article 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 d.id not owe the tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credited to charges subsequently payable by the service user to the person required to collect and remit . (c) No refund shall be paid. under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto 991-���� S . 1768 The taxes imposed by th' article s all not apply to the City of Huntington Beac . � 59�_c��� S . 1769 TAXES GOVERNMENT S . 1769 SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, para- graph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections , subdivisions _ paragraphs , sentences , clauses or phrases be declared unconstitut ' nal. g� GOVERNMENT PERSONNEL SYSTEM 3 . 1811 CHAPTER 18 PERSONNEL SYSTEM 1225 ARTICLE 181. GENERAL 182 . PERSONNEL BOARD 183 . COMPETITIVE SERVICE 184. POLITICAL ACTIVITIES-CITY EMPLOYEES 185 . SEVERABILITY. ARTICLE 181 GENERAL S . 1811 ADOPTION OF PERSONNEL SYSTEM: 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 provide a reason- able degree of opportunity for quali ,ied em oyees , the following personnel system is hereby adopted . QA25_ (�%1 S . 1812 PERSONNEL DEPARTMENT CREATED. A personnel Department. hereby created and shall be under the supervision and control of a Personnel Director . (1642-5/71) S . 1813 PERSONNEL DIRECTOR. 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 Depart nt ./.I tl642-5/71) 15-S . 181 DUTIES OF PERSONNEL DIRECTOR. The Personnel Director shall administer the provisions of Chapter 18 of this code; 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 repre- sentation. 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 inconsistent Cwith the city Charter, this chapter, and the above-named resolution. 11642-5/71) S . lrj,21 PERSONNEL SYSTEM GOVERNMENT ARTICLE 182 PE,RaONNEL .BOARD s/J S . 1821 PERSONNEL BOARD: There is hereby created a Personnel Board to co ist of five (5) members , to be appointed by the City Council ��2s- S . 1821. 1 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 appointment, 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 s(lect a airman from its members who shall act as presiding officer .(/aZS_(% S . 1821.2 Vacancies on the Board shall be filled by appointment by the City Council for the unexpired term. Xach me ber shall serve until his successor is appointed and qualified �a25-z S . 1822 PERSONNEL 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 Co cil . (1642-5/71) l-l2S``�'GIP� GOVERNMENT PERSONNEL SYSTEM S . 1831 A:HTICLN :1.8 181 COMPETITIVE SERVICE . Pursuant to Article 10 of the city Charter, it is hereby 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 . (c) Persons engaged under contract to supply expert, professional, technical or other services . (d ) Emergency employees who are hired to meet the immediate require-. ments of an emergency. (e ) Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal years . (f) Temporary empl ees . /_/(1642-5/71) /als (. S . 1832 ADOPTION D AMENDMENT. OF RULES . Personnel rules and regula- tions , 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 dis- ciplinary and review procedures , and regulations governing the adminis- tration and operation of the Personnel Board and the personnel system which shall not be inconsistent with the city C k8i]rter. J1642-5/71) lay S-�i�� S . 1833 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 . (1642-5/71) GOVERNMENT PERSONNEL SYSTEM S . 1841 ARTICLE 184 POLITICAL ACTIVITIES-CITY EMPLOYEES S . 1841 POLITICAL ACTIVITIES OF CITY EMPLOYEES : This section applies to all officers and employees of the competitive / service . 25'- 6� S . 1841 . 1 Solicitation or receipt of political contributions from other employees .- An officer or employee of the City shall not, directly or indirectly, solicit or receive political funds or contributions , knowingly, from other officers or employees of th City or from persons on the employment lists of the City. L."' Y, S . 1841. 2 Use of place occu ied for governmental purposes to make or give notice of political contribution:Q .S . 1841. 2. 1 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 assessment, subscription, or contribution t225- (o�� S . 184-1. 2. 2 A person shall not enter or remain in any such place described in subsection (1) of this section for the pur- pose of therein making, demanding, or giving notice of any political �assessment, subscription, or contribution � 2S-��(,� S . 1841. 2.3 This section 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 they L � S . 1841. 3 Use or threat to use political authority or influence . No one who holds , or who is seeking election or appoint- ment to any office or employment in the City shall, directly or in- directly, 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 to aid or obstruct any person in securing or to prevent any person from securing any position, nomination, confirmation, promotion, change in compensation or position, within the City, upon consideration or condition that the vote or political influence or action of such person or another shall be giv .n party or upon any other corrupt condition or consideration, /a 2,T'- �� S . 1841.4. Political activity While, in Uniform: No officer or / employee of the City shall participate in olitical activities of any kind while he is in uniform. /125- � Se 1841. 5 PERSONNEL SYSTEM GOVERNMENT S ,_184105 Participation in Camp ign for Office in the City or in YWi _Recall Electioniby Employee- in Non-exempt Positions . 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 candidate, exce t-.himself;, for an officer t recall of any elected official of the City225-(o�� ARTICLE 185 SEVERABILITY S . 1851 SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance , or of the Personnel Rules and Regulations , or any part thereof, is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The City Council hereby declares that it would have passed this Ordinance and the Personnel Rules and Regulations , and each section, subsection, sub- division, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections , subsections , subdivisions., paragraphs , sentences , clauses or phrases be declared unconstitutio/nal. c BUSINESS DIVISION 2 DIVISION 2 BUSINESS C N CHAPTER 21. BUSINESS LICENSES 22 . CERTIFICATE OF PUBLIC NEED AND NECESSITY 23 . OIL 24. DANCE HALLS 25 . MOTION PICTURE THEATERS 26. PAWN BROKERS, JUNK DEALERS, & SECONDHAND DEALERS 27. BATE HOUSES AND MASSAGE PARLORS 28. AMUSEMENT & ENTERTAINMENT PREMISES - RESTAURANTS 29. COMMUNITY ANTENNA TELEVISION I I i • I �. i IiTJ;'a.1Vl;,:;;; I_,J.('I,;I`d;;i; r BUSINESS LICENSES ARTICLE 211. GENERAL 215. OIL PRODUCTION BUSINESS LICENSE TAX ARTICLE 211 327 !2q 352-� GENERAL ���� / 372-213 S . 2111 DEFINITIONS . /o3 S . 2111. 1 Revenue Measure . This Ordinance is enacted solely raise�b revenue for municipal purposes, and is not intended for regulation. (766t— �f�*� S . 2111..2 Substitute For Other Revenue Ordinances . Persons required to pay a license tax for transacting and carrying on any business under this Ordinance 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 . (766t-to) S . 2111. 3 Effect of Ordinance On Past Actions and Obligations Previously Accrued . Neither the adoption of this Ordinance nor its superseding of any portion of any other Ordinance of the City of Huntington Beach shall in any manner be construed to affect prose- cution for violation of any other Ordinance committed prior to the effective date hereof, nor "be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any Ordinance to be posted, filed, or deposited, and all rights and obli- gations thereunto appertaining shall continue in full force and effect. (766 P -`/&o S . 2111.4 No License to Prohibited Occupations . Nothing in this Chapter 21 shall be construed to permit the conduct of any trade, business or occupations , which is prohibited by an applic- able federal, state or municipal ordinance or regulation, or which has been declared illegal or to constitute a nuisance by any govern- mental or municipal authority. (852t -7�6; S . 2.111. 5 Permit From City Council Required to Operate Certain Businesses . No license shall be issued for the conduct of any business which, in the opinion of the City Clerk, or his dep- uties , would be detrimental to the public health, safety, welfare, or moral standards of the City of Huntington Beach, until a permi, shall have first been obtained from the City Council. (838t- 5/(,, l S. 21.11.6 BUSINESS 1.ICENSL BUSINESS S, 211.1 .6 Petition for Permit . Whenever any person, persons , firm, co-partnership or corporation desires to open or keep any business for which, in the opinion of the City Clerk or his 40 deputies , would require a permit from the City Council , he , she , they, or it shall petition the City Council for such permit in writing. Said petition shall set forth the name of the applicant , the character of the business , the location of the premises where the business is to be conducted . if a firm or corporation, the names and addressed of all the officers and parties financially interested in the business , a statement indicating whether or not alcoholic beverages are' to be sold on the premises , and list any and all games and amusement machines and devices to be operated on the premises. On the hearing of said petition , the Council may grant the permit in whole or in part , may- grant conditional permit , may prescribe insurance or bond requirements , or may reject the petition; and no license shall, be issued thereon except as ordered by the Council. (838 0 -51 S. 2.1ILfi, 1 Investigation Fees . Investigation fees may be levied against business applicants , firms , persons or sub- sequent employees , when so designated by the City Administrator and City Council > Said fees shall be reasonable and based on standards set by the City Administrator and shall be payable to the City Clerk < prior to the police investigation. Fees are not refundable. (11710'-����\ � S. 21.11.,7 Business License a Receipt not a Permit. The business JJ license issued pursuant to the provisions of this Ordinance constitutes 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 , anage , or carry on any business activity within this City. (8384 -51&1 S , 2111.8 Definitions. (a) Person, As used in this Ordinance , "Person" 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 trans- acting and carrying on any business in the City of Huntington Beach other than as an employee.C7(,4 (b) Business, As used in this Ordinance , "Business" includes pro- fessions , trades , and occupations and all and every ki d of calling whether or not carried on for profi,tr7(�(� -y �a BUSINESS BUSINESS LICENSE S . 2111 .8 (c) (c) Average Number of Employees . As used in this Ordinance "Average Number of Employees includes the total number of employees in the managing, operation, transacting and carrying on of any business in the City of Huntington Beach. The average number of employees for any business having a fixed location in the City shall mean the average number of persons employed daily for the twelve months 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 consti- tuting 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 . The same Ordinance further provided that the average number of employees for any business not having a fixed location in the City shall mean the num- ber of persons employed daily for the period during which the applicant for a license conducts such business, and shall be de- termined by ascertaining the total number of hours of service per- formed. 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 obtained by the number of hours of service constituting a day' s work, according to the custom or laws governing such employments, and again dividing the sum thus ob- tained by the number of business days upon which the total hours of service is based.�-7w (d) Hotel, Motel, or Rooming House. As used in this ordinance, "Hotel, Motel, or Rooming House". including any lodging house, motel, hotel, rooming house, bungalow court, auto court, or public or private club containing more than three (3) guest rooms or units, and which is occupied or is intended or designed for occupancy by more than three (3) guests, whether rent is paid in money, goods, labor, services or otherwise and which is maintained, advertised or held out to the public as a place where sleeping or rooming accomodations are furnished to-,,the whole or any part of the public whether with or without meals(- 9_3'� -% ) (e) Apartment House. As used in this ordinance "Apartment House" shall include 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 . (766, 8389 904) S . 2111 .8 (f) BUSINESS LICENSE BUSINESS (f) General Engineering Contractor. As used in this Ordinance, "General Engineering Contractor" is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the fol- lowing divisions or subjects: Irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves , shipyards and ports, levees, river control and reclaims- tion works, railroads, highways , streets and roads, tunnels , sewers and sewage disposal plants and systems, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks , playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, power- houses, power plants and other utility plants and installations, land leveling and earthmoving Projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works�g 3�-- 6� (g) General Building Contractor. As used in this Ordinance, a General Building Contractor" is a contractor whose principal con- tracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons , animals, chattels, or movable property of any kind, . requiring in its construction the use of more than two unrelated building trades or crafts r to do or superintend the whole or any part thereof (h) Specialty Contractor. As used in this ordinance, a "Specialty Contractor shall also mean a subcontractor and is a contractor whose operations as such are the performance of construction or other work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts or other specialized techniques and who is not classified as a general engineering or general building contractor by the Depart- ment of Professional and Vocational Standards of the State of California, and those various categories of contractors .who are not required to be and who are not licensed as "Contractors" by the aforementioned department. The classification assigned to Contractors by the State of California will be used in determining the fee for issue of license by this City. A license as a Spe- cialty or stibcotitractor 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 classifica- tion license in addition to his General or Engineering License. (7669 8389 904) 4�/o Z, 6 LS�Z BUSINESS BUSINESS LICENSE S � 2111.8 (i) (i) (1) - Vending Machine . As used in this ordinance , a "vending machine" is any weighing, amusement, service, merchandise , food or drink-dispensing machine , or device wherein a sum of money is charged or collected for the operation of such machine or device by means of a coin slot or otherwise , exluding "bulk-vending machines o '/'—c�3�L-S (2) - Bulk vending Machine, As used in this ordinance, "bulk- vending machine" is defined as a nonelectricallyo-operated vending machine , containing unsorted confections , nuts or merchandise which, upon insertion of a coin or coins , dispenses same in equal portions , at random and without selection by the customer, excluding "vending machines'. ' /���i (j) Solicitors and Canvassers , As used in this Ordinance , "Solicitors and Canvassers" are defined to be and include any individual not having- a fixed place of business within the City of Huntington Beach who for himself, or as agent or representative for or of another, in person or by telephone or by any other means of communication is engaged in the business of going from house to house and place to place or at or along the streets of this City, offering to sell intangibles , such as bonds or stock or oil or mining shares or units , or soliciting or taking orders for future delivery of articles , goods , wares or merchandise, services or subscriptions inclusive of newspapers , magazines , periodicals , books and all other publications , and whether collecting advance .payments or not, and inclusive of all persons who thus go from place to place , and from house to house within the City, in any like or analogous activities , including those who solicit funds or articles for charitable purposes , 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 maintain- ing a fixed place of busines _ inthis ity who are licensed as prescribed by this Ordinanc Y3 9 . (k) Peddler. As used in this Ordinance, "Peddler" is defined to be and includes any person not having .a fixed place of business in this City, who for himself, or as agent or representative for or of another, goes from house to house, and place to place, or at or along the streets of this City offering to sell tangible objects or' articles , goods , wares , merchandise , or services , who delivers such object, article , goods , wares , merchandise , or service, in person, to the individual placing order for he same, at the time such order is placed and paid for rg3g'_S6� (1) Home Occupations . Licenses may be issued for various forms of Home Occupations to those persons who have satisfactorily made applicati n for and have successfully obtained a variance . (766,;- 8381- S/6I BUSINESS BUSINESS LICENSE S . 2112 S . 2112 LICENSE REQUIRED. There are hereby imposed upon the busi- nesses , trades, professions, callings and occupations specified in this Ord.inance License taxes in the amounts hereinafter prescribed . .. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the City of Huntington Beach without first having procured a license from said City so to do or without complying with any and. all applicable provisions of this Ordinance . This section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirment con- flicts with applicable statutes of the United States or the State of California. Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States or of the State of California sha;l be liable for payment of the tax imposed by this Ord.i �nc�,./, (766# -S . 2112.1 How and Whenable . In the case .of an original applica- tion for license under the "Average Number of Employees" classification, where the applicant intend.s 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 classification but who . do not main- tain a fixed place of business in this city, shall pay the entire mini- mum fee at the time the application for license is made . If such business, however, is commenced. after the beginning of the . licensing period covered. by such license, then the license upon filing his state- ment of "Average Number of Employees" at the end of the licensing period, shall pay a license fee in accordance with schedule of "Average Number of Employees" and may credit the minimum license fee paid on original application toward. the fee required in classification schedule for "Average Number of Employees" . 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 . The statement required under Section 2112.5 .2 of this ord.inance : shall be submitted on all business licenses based upon "Average Number of Employees" on or before thirty (30) days following the end of the year applicable to such business as set forth, and. any add.itional sums pay- able by reason of such statement shall accompany the return of statement. No renewal license shall be issued until the full amount due and pay- able by reason of the statement and. return for the previous year has been paid in full. S . 2112 .2 BUSINESS LICENSE BUSINESS In the event that a business licensed under the "Average Number of Employees" classifications of this ordinance shall cease operation t before the end of the license period, then the statement required by Section 2112.5.2 of this ordinance shall be submitted on or before thirty (30) days following the ceasing of business Any ad.ditional sums payable 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. The minimum license fee payable under the "Average Number of Employees" classification of this ordinance shall be due and payable in the case of an original license before the license is issued, and in the case of a renewal license, shall accompany the statement required by Section 2112.5.2 of this ordinance for the prior year and application for renewal. (766, 904, 1605-9/70) S . 2112.2 No License Transferable . Amended License for Changed Location. No license issued pursuant to this Ordinance shall be transferable; provided, that where a license is .issued authoriz- ing 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 ($3 .75) have the license amended- to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved . . (766, 838, 1605-9/70) LY/6"o /-S1/I S . 2112.2. 1 Penalties for Failure to Pay Tax When Due . For failure to pay a license tax when due, the City Clerk shall ad.d a penalty of 10% of said license tax on the last day of each month after the due date thereof, providing that the amount of such penalty to be ad.d.ed shall iri no event exceed 100% of the amount of the license tax due . (7661 --4/ X S . 2112.2.2 Unpaid. Fees as Bar to Further License . No license shall knowlingly be issued to any person who, at the time of making application for any license, indebted to the City for any prior unpaid. license/-fee .-�J 838y�s�6 7 7 S . 2112.2.3 Bonds . Where, by the terms of this Chapter, a bond is required to be furnished by any person accruing or apply- ing for a license; such person shall, before the issuance to him of such license, deliver to the City Clerk a bond. executed by any reliable surety company or by two personal sureties, each of whom is the owner of property within the City of Huntington Beach of t e value of twice the amount of the penal sum of the and !766) 3z'7 � .2° BUSINESS BUSINESS LICENSE S . 2112 .2.4 S . 2112 .2 .4 Form of Bond.. The conditions of said bond shall be stated. in substantially the following language: "Of the said. , the bounden principal shall comply with all the laws and. ordinances pertaining to said. business, and. shall indemnify and. save harmless the City of Huntington Beach and. any person or persons who may be injured or caused financial- loss through any failure on the part of said licensee to comply with said. laws, or because of any mis- conduct on the part of said. licensee in carrying on said business, then this obligation shall be void, otherwise it shall remain in full force and effect, and. this bond shall 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 maintain an action on this bond. directly in its, his, her or their name or names , and. this bond may be recovered against more than n and. until the full penalty thereof shall be exhau ed.. '�.i �766� -�j� 7a�_ S . 2112.3 Branch Establishments . A separate ense must be obtained for each branch establishment or location of the business transacted. and carried. on and. for each separate type of business at the same location, and. each license shall authorize the licensee to trans- act and carry on only the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and. distributing plants used in connection with and. incidental to a business licensed und.er the provisions of this Ordinance shall not be deemed to be separate places of business or branch establishments . (766( - �0 S . 2112.4 Unexpired. Licenses Heretofore Issued.. Where a license for revenue purposes has been issued to any business by the City of Huntington Beach and. the tax paid therefor under the pro- visions of any Ordinance heretofore enacted. and. the term of such license has not expired., then the license tax prescribed. for said. busi- ness by this Ordinance shall not be payable un it the expiration of the term of such unexpired license . (766 J -'/1a S . 2112.4. 1 Duplicate License, License Decal, or License Plate . A . dupli- cate license, license decal, or license plate may be issued. by the City Clerk to replace any license, license decal, or license plate previously issued. hereunder which has been lost or destroyed. upon the licensee filing statement of such fact, and. at the time of filing such statement, paying the City Clerk a fee of One Dollar and. Fifty Cents ($1.50) . (76 6 838 1605-9/70) r S . 2112.4.2 Posting and Keeping Licenses . 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 of Huntington Beach 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 . S . 2112.4.2 (b) BUSINESS LICENSE BUSINESS (b) Any licensee transacting and carrying on business but not operat- ing at a fixed place of business in the City of Huntington Beach shall keep the license upon his person at all time while trans- acting and carrying on such business and have in or upon each of the licensee 's business vehicles, at the time of operation in this City, the licepbse decal or license plate issued for such vehicles . (766, 8381- 5�(O S . 2112.5 License: Application: Contents . Before any license is issued to any person, unless otherwise provided. in this code, 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 appli- cation shall contain the following information: (a) The exact nature or kind. of business, profession, show, exhibition, game, occupation or enterprise for which the license is requested . (b) The place where such business, profession, show, exhibition, game, occupation or enterprise is to be carried. on, and. if the same is not to be carried on at any permanent place of business , the places of residence of the owners of the same . (c) Any further information which the City Clerk may require to enable him to issue the type of license applied for. (d.) In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and place of resid.ence of those owning said business, profe on, show, exhibition, game, occupation or enterprise . (766� - ��b� S . 2112.5.1 License: Contents . All licenses, unless otherwise pro- vided in this code, shall be prepared and. issued. by the City Clerk upon payment to the City Collector the sum required to be paid. hereunder. Each license so issued shall state upon the face thereof the following: (a) The persons to whom the same is issued . (b) The kind. of business, profession, shows , exhibition, game, occupa- tion, or enterprise licensed, and the location of the same . (c) The amount paid therefor. (d.) The date of expiration of such license . 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, pro- fession, show, exhibition, game, occupation or enterpris ubject to a license under the provisions of this Chapter. (7661 - 0/ BUSINESS BUSINESS LICENSE S. 2112.522 S. 2112.5..2 Affidavit : Statement of "Average Number of Employees. " In all cases where the license is based upon the Average Number of Employees , the licensee shall submit to the City Clerk for guidance in ascertaining the amount of the license tax to be paid by the licensee, a written statement upon .a form to be .pro- vided by the City Clerk, written under penalty of perjury, or .-sworn to before a person authorized to administer oaths, setting forth such information concerning the licensee ' s business during- the -preceding year as may., be required by the said City Clerk to be able to ascertain the .amount of the license tax to be paid by aid licensee pursuant to ` the provisions of this Ordinance. (7661- y� S. 2112.5.3 Statements Not Conclusive. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City of Huntington Beach from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items there- in contained shall be subject to audit and verification by the City. Clerk, his deputies , or authorized employees of the City, who are hereby authorized to examine , audit and inspect those personnel records required to firmly establish the average number -of employees for the preceding year, of any licensee or -applicant for license, as may be necessary in their judgment to verify -or -ascertain the amount of license fee due. All licensee ' s, applicants for license, and persons engaged in business in the City of Huntington Beach are hereby required to permit an examination of such books and records for the purposes aforesaid. The information furnished or secured pursuant to this section or section 2112.5.2 of this Ordinance shall be confidential. Any un- authorized disclosure or use of such information by any officer or employee of the City of Huntington Beach shall constitute a mis- demeAnorand such officer or employee shall be §ubJect to the penalty provisions of this Ordinance in .addition to any other penalties �provided by law. (766 - S. 2112.504 Failure to File Statement or Corrected Statement. If any person fails to file any required statement within the time prescribedsor 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. 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 (15) days after the mailing or service of such notice make application in writing to the City Clerk for a hearing on the amount of =i$he license tax. If such application is made, the City Clerk shall cause the matter to be set for -hearing within fifteen (15) days before the City Council. The City Clerk shall give at least ten (10) days notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment The City Council shall consider all evidence produced'- -and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in, the m ner prescribed above for service of notices of assessments, (7660-11/ S. 2112.5.5 BUSINESS LICENSE BUSINESS S. 2112.5.5 Appeal-- Any person aggrieved by -any decision of the City Clerk with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal with the City Clerk. The City Council shall thereupon fix a time and place for hearing such .appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United . States Post Office at Huntington Beach, California, postage prepaid, addressed to such per- son at his last known address. The City Council shall have authority to determine all questions raised on such appeal. No such determina- tion shall conflict with any substantive provisions of this Ordinance. (766�' S. 2112.5.6 Additional Power of City Clerk. In addition to all other -power -conferred upon the City Clerk he shall have the power, for good cause shown, to extend the time for -filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the City Council_ compromise and claim as to amount of license tax due. (766 4 &0 S. 2112.6 Enforcement. It shall be the duty of the City Clerk, and he is hereby directed to .enforce each and all of the provisions of this ordinance -and the Chief of Police and the License Inspector shall render such assistance in the enforcement hereof as may from time to time be required by the City Clerk or the City Council. The License Inspector in the -exercise of the duties imposed upon him hereunder shall examine or cause to be examined all places of business in the City of Huntington Beach to ascertain whether the provisions of this ordinance have been complied with. The City Clerk and each and all of the deputies, the License In- spector and any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein,, and demand an exhibition of its license certificate. Any person having. such license certifi- cate theretofore i.ssued in his possession or under his control, who wilfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the pro- visions of this ordinance. It shall be the .duty of the City Clerk and each of his deputies to cause a complaint to be filed against any and all persons found to be violating any of said provisions. (766, 904) z�/( <s�z BUSINESS BUSINESS LICENSE S. 2112.7 r S. 2112.7 .evocation: Suspension.. (a) Revocation for Law Violation. Any licensee who shall permit the violation of the ci-ty ordinance or -state laws or of the laws of the United States -of America within his licensed establishment shall be --Iubjie.ct to .having his license suspended or permanently revoked by the Council. (b) Motion Com faint : Proof. 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 detrimerata.l to the public health, rrorals or safety of the general public, (c) Hearin&: Notice. No such license shall be revoked except upon a hearing by the Council, of which hearing the Licensee shall have had not less than (ILO) dews ' notice. Such notice, written, and served upon the licensee -either personally or by certified mail, with return receipt requested, (and when by certified mail, deposited in the United States Post Office at this city not less than ten (10) days before the elate of the. hearing, addressed to the Licensee at the place for -which the license was issued, with;:postage paid thereon) shall be sufficient notice. (d) Hearing, 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 non e revoke d./ 4858, 904) 7-�0�9�37�=2/3`f �s/6� 4 S. 2112.8 License Ta_ c. ,a, Debt. The amount of any license tax and-. penarlty imposed by the provisions of this ordinance shall be deemed a debt to the City of Huntington Beath. An action may be commenced in the name of said City in any court of competent juris- diction for the amount of any delinquent iicense tax .and penalties. (766 9041-5-&Z) �y "o JJ S.. 2112..6.1 Remedies Cumulative.. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the City of Huntington Beach shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. ' (766,904) S. 2112.8.2 Penalt for Viol6tion. Any person violating any L of theme provisions of this ordinance or knowingly or -intehtionall3 misrepresenting to any officer or -employee of this city any material fact in procuring the license or permit herein provided for, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of no more than $500.00 or by imprisonment in the City jail fora period of not more than six (6) months, or by both such fine and impriso nt. (766 904) 3 -7)Y;7 4W6o 451� S. 2112.8.3 BUSI.NESS -LICENSE BUSINESS S. 2112.8.3 Deposit of License Fees. Report and Record. 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. On or before the first day of each and every month the City Collector shall deliver unto the City Clerk" of this City a full statement of all licenses issued by him during the immediate preceding month, the the names of all licensee, and the amount of fees , penalties and other moneys collected on each license. The City Clerk shall keep full, adequate and accurate records Pertain- ing to the issuance of licenses under this Chapter. (7660 -.7/„ � S. 2112.8.4 Zo!]&ng 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 do with regulation of any trade, business or occupation. (766, - S. 2112.9 Severabi"lity. If 'any section.,,- ., sub-section, sentence, clause, phrase or "portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision .shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, sub- sections, clauses, phrases or p rtions be declared invalid orun- •constitutional. (766 , .904),.!�x.Z /Go S. 2113 Exemptions. Nothing in this Ordinance shall be deemed or construed to apply to any person transacting and carrying on any" business exempt -by virtue of the constitution or applicable statutes of the United States or of the State of Califo is from the payment of such taxes ,as are herein prescribed. (766f•- �®� S'. 2113.1 Interstate Commerce. None of the license taxes pro- vided for byy • •his Ordinance 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 discrimina- tory or unreasonable 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 testi- •money, show his method of business and the average number of employees or •estimated "average number of employees and' such other information 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 obtained the written approval of the City Attorney, subject to the approval of the City Council, shall fix as the license tax for the applicant , an amount that is reasonable and non-discriminatory, or if the license tax has already been paid, shall order a r-efund of the amount over and above the license tax .so fixed. In fixing the license tax to be BUSINESS BUSINESS LICENSE S. 2113.2 charged, the City Clerk-- shall have the power to b-ase 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 as sessed on business of like nature, so long as the amount asses-sed does not exceed the license tax as prescribed by this Ordinance. Should the City Clerk determine the- average number .of employees measure of license tax to be the proper basis , he may require the applicant to submit, either at the-time of termination of applicant ' s business in the City of Huntington Beach 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 license shall have paid an amount equal to the annual license tax as prescribed in this Ordinance. Any person claiming an exemption pursuant to this section shall file a verified statement with the City Clerk stating the facts upon which exemption is claimed. The City Clerk shall, upon a proper showing contained in the verified statement , subject to approval of the City Council, issue a license to such person claiming exemption under this section without payment to the City of the license tax required by this Ordinance. The City Clerk, after giving notice and a reasonable opportunity for hearing to a license, as provided for in Section 2112.5.5 and 2112.5.6 , may revoke any license granted pursuant to the provisions of this sec- tion upon information that the licensee is not entitled to the exemption as provided herein. (766�- S. 2113.2 Charitable and - Con-Profit Organizations. As used in this Ordinance, Charitable and non-profit organizations -shall include only religious , charitable, fraternal , educational, military, State, County or municipal organizations or associations. The pro- visions of this Ordinance shall not be deemed or construed to require the payment of a license tax to conduct , manage, or carry on any business , occupation, or activity from any. institution or organization which is conducted;- managed, or carried on wholly for the benefit of charitable purpo-ses or from which profit is not derived, either directly or indirectly, by any individual , nor shall any license tax be re- quired 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 entertain- ment , concert , exhibition, or lecture are to be appropriated at any church or school or to any religious or benevolent purpose; nor shall any license tax be required -for the conducting of any entertainment, dance, concert , exhibition, or .leciture by an religious, charitable, fraternal, educational, military, State, County, or ,municipal organi- zations or associations , or lec{tAre 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 organization or association form 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 profession, trade, calling or occupation. (7660- 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 satisfact ' on that the conditions of this section have been satisfied. (12241 -��� S. 2113.3 BUSINESS LICENSE BUSINESS S. 2113.3 Disabled Veterans. Every -honorably 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, peddle and vend any goods , wares or merchandise owned by him, except spirituous , malt , vinous or other intoxicating beverages , with- out the payment of License fee , subject , however, to the restrictions , limitations , regulations , and conditQ'ons hereinafter set forth. is Every applicant must comply with the following requirements before a license may be issued under the provision of this section: (a) Every -applicant- must 'fu.rnish ' a certificate of physical dis- ability executed by a qualified surgeon of the United States -Navy, Army, Marines , Air Force, or Um So Public Health Service, a certificate of honorable discharge from the United States Navy, Army, Marines, Air Force, or U. So Coast Guard , and a written recommendation from the representatives 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 said applicant , and the other to be attached to the copy retained by the City Clerk. The applicant must also sign both copies of said license at the time of the issuance thereof. 2m A license when issued is subject to the following conditions : (a) It is non-transferrable and for the exclusive 'use of the licensee named. (b) -Applicant ' s- .indentification photograph must be attached to said license at all times , and failure to comply herewith is grounds for revocation of said license and for refusing its renewal or the issuance of a new license thereafter. (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, (d) The licensee named must identify himself by his signature when- ever 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, said license shall be carried in a license holder attached to said vehicle or receptacle in plain view. (f) Every license issued under the provisions of this section shall expire thirty (30) days from and after the date of issuance and a new license may thereafter be issued pursuant to the provisions of this section. BUSINESS BUSINESS LICENSE S . 2114 3 . It shall be unlawful for any person, other than the licensee named, to use or have in his possession any license issued. pursuant to the provisions of this section. 4. It shall be 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 paragraph 3 (a) above to any other person for the purpose of secur- ing a license as herein provided. for. 5 . Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00, or by imprison- ment for a period not to exceed ' (6) months, or by both such fine and impriso ent��,,// 07661 -7&p S . 2114 RATES . CLASSIFICATIONS "A" "B" "C" AND "D" . Firstthree employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 .50 Nextnine persons, per employee . . . . . . . . . . . . . . . . . . . . . . . . 3 .75 Next forty persons, per employee . . . . . . . . . . . . . . . . . . . . . . . .. 2 .25 All other employees in excess of 40 per employee . . . . . . . 1.50 The minimum license in each classification shall be $37.50 per year. In any case where a licensee or an applicant for a license believes . that his individual business is not assigned to the proper classifica- tion under this section because of circumstances peculiar to it, he may apply to the City Clerk for reclassification. Such application shall contain such information as the City Clerk may deem necessary and require in order to determine whether the applicant ' s individual business is properly classified . The City Clerk shall then conduct an investigation, following which he shall assign the applicant ' s individual business to the classification shown to be proper on the basis of such investigation. The City Clerk shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serv-. ing 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 ad.d.ress . Such applicant may, within fifteen (15) days after the mailing or serving of such notice, make written request to the City Clerk for a hearing on his application for reclassification. If such request is made within the time pre- scribed, the City Clerk shall cause the matter to be set for hearing before the City Council within fifteen (15) days . The City Clerk shall give the applicant at least ten (10) 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 s.zall be final. Written notice of such findings shall be served upon the appli cant in the manner prescribed. above for serving notice of the action taken on the application for reclassification. (766, 904, 1605-9/70) S. 2114.1 BUSINESS LICENSE BUSINESS S. 211401 License Tax: "Average Number of Em to ees.." Every person descry. ed an he o lowing classifications who engage in ;iness within the City of Huntington Beach shall pay a license tax based upon the "Average Number of Employees" at the rates hereinafter - set forth: CLASSIFICATION "A" Abstractor of Titles Electrical Engineer Accountant Electrologist Accounting Service Employment Agency or Bureau Advertising Agent Fine Arts or Music School Agricultural Advisor or Counselor Geologist Appraiser Herbalist Aquarian Chirothessian Industrial Relations Consultant Architect Insurance Adjuster Assayer Interior Decorator Attorney-at-Law Investment Counselor Auctioneer;! Labor Relations Consultant Auditor Landscape Architect Bacteriologist Lapidary Bail Bond Broker Mechanical Engineer Barber Shop Mortician Beauty Shop Naturopath Business Management Oculist Consultant Optician Certified Public Accountant Optometrist )mical Engineer Oral Surgeon Guemist Orchard Care Child Nurseries (4 children or more) Osteopath Physician Chiropodist Physician Chiropractor Physician & Surgeon Civil Engineer Private Home for the Aged Claim Adjuster (4 persons or more) Construction Engineer Real Estate Broker Consulting Engineer Real Estate Office Dancing Academy Sanitiation Engineer Dealers in Stocks, Bonds and Stocks .and Bonds Broker other securities Surgeon Dental Laboratory Surveyor Dentist Taxidermist Designer Trade or Business School Detective Tree Removing Detective Agency Tree Surgery Draftsman Tree Trimming Drugless Practitioner Veterinarian and any other -business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section ,of this ordinance will be classified in the above category: �27- 51, 766 // 9'0�' /(so S'�o l � BUSINESS BUSINESS LICENSE S . 2114.2 CLASSIFICATIONS CLASSIFICATION "A" Classification "A" as set forth in Section 21111 . 1. CLASSIFICATION "B" Any person who is licensed as a Contractor or who is defined as a Con- tractor in subsection (f) , (g) , or (h) of Section 2111.7 of this ordi- nance: provided, that license for Contractors not maintaining a fixed place of business in the City of Huntington Beach may, at the option of applicant for such license, be. based upon. the flat-rate f s pre- scribed in Section 2114.2 of this ord.inance ��� /,•0/�3�_��/ CLASSIFICATION "C" 1� Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying, or selling at wholesale any goods , wares, merchandise or produce, comes under this classification. CLASSIFICATION "D" Any person conducting, managing or carrying on the business consisting mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this Chapter comes under this classification. - S . 2114.2 License Tax: Flat Rate . Every person transacting and. carrying on the business herein enumerated shall pay a license tax as hereinafter set forth. The tax and. the duration of the license shall be annual, quarterly, monthly, weekly, or daily as indicated in this section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and. the letter "WI shall indicate weekly fee, all amounts shown are in dollars . (766, 9041— 5/J S . 2114.2 .1 Advertising. By distributing samples or handbills , pro- vided that this subsection 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.. i i By sign or bill posting, sign erection or installation, or any form of outdoor advertising as defined. in Article 976 of the Huntington Beach Ordinance Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .$75 .00 A By vehicle containing amplifier, phonograph, loudspeakers, etc: Foreach vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 .00 A Or at the option of the licensee, for each vehicle . . . . . . ... . 15.00 D S . 2114.2 .2 BUSINESS LICENSE BUSINESS If any such vehicle is used by a city licensee to advertise solely his own licensed business and such vehicle is regularly registered and licensed . by the State to such licensee, then the fee for each such vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22.50 A Or at the option of the licensee, for each such vehicle . . . . . . .$ 7.50 D By means of steropticon, biograph, moving pictures , or similar device (not moving picture theaters ) , used outdoors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$187.50 A Or. used indoors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75 .00 A (766, 838, cgo4, 9/70) Y6Z U0 S . 2114.2.2 Amusements . 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 $150.00 per annum. . .$ 22.50 A Before the license indicated in this section can be issued the applicant must obtain a permit from the City Council in accordance with the provisions of Article 533 of the Huntington Beach Ordinance Code . 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 In ad.d.ition, for five concessions or less . . . . . . . . . . . . . . . . 30.00 D In ad.d.ition, 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 Skating Rinks: See Section 2114.2 .22 (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 . ) 1766 904, 1604-9/70) 3:27/33s, 3-52i35y�9ool Ni4) S . 2114.2. 3 Auctioneer. For the business of auctioneer. . . . . $ 37.50 D 7 90 16�n- Y7' �fo LS�z !('S . 2114.2.4 Bankrupt Sale . he conducting, managing, or carrying on the business of selling, offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person. . . . . . . . . . . .$ 22 .50 D (766, goo, -L`ft'o LS/2 / ' S . 2114.2 .5 Bath. or 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75.00 A �roo 6- z �170 BUSINESS BUSINESS LICENSE S . 2114.2 .0 . S . 2114.2:6 Circus . With seating capacity under 4,000 - first day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 .00 D Each additional day. . . . . . . . . . . . . . . . . . 150.00 D With seating capacity over�4,000 first day. . . . . . . . . . . . . . . . . . . 300.00 D Each additional day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .%$150.00 D For every sideshow in conjunction with a circus . . . . . . . . . . . . . . 15.00 D C y For every co cession in conjunction with a circus . . . . . . . . . . . . 7.50 D (766, 9o4IUO 1 S . 2114.2.7 Contractors . Every person engaging in business in this city as a contractor, as defined in subsections (f) , (g) and (h) of Section 2111.7 of this chapter, who does not engage in such business from a fixed place of business within this city, and who elects to exercise the option provided for in Section 2114.1 of this chapter, shall pay a license fee as indicated herein: General engineering and/or general building contractor; : : : : : : 105.00 A Sppecialty, subcontractor, or other. . . . . . . . . . . . . . 52.50 A (838 904, 1 S . 21Z4. 8 Dancin Teacher. Every person enegaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30.00 A J S . 2114.2.10 House Moving. House moving or wrecking of buildings and/or structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75.00 A ' 3S J766 9o4, 160C-9/70) S . %4.2.11 House Moving Bond . Every person desiring to engage in e business of housemoving or wrecking of buildings and/or structures , shall before receiving a license for said business execute and. deliver to the City Clerk the bond required by Section 2112.2 .3 and 2112.2.4 in the sum of $5,000.00. (7665 904) S . 2114.2.12 Junk Collector. For every person conducting managing or carrying on the business of junk collector. . . . . . . . 1150.00 A or, at the option�of�the �licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 D (For the purpose of this subsection, a junk collector is defined to be 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 jTIIA )�,/ 1766, 904 d /11 �y SZl o S_ 7oS . 2114.2.13 Junk Dealer auto Wr'e-ck For eve person "conducting, managing or carrying on the business of junk dealer or auto wrecker. . . . . . . . . . . . . . . . : .$150.00 A (For the purpose of this section an auto wrecker is defined to be and construed to mean and include any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or dis- assembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of sellin r otherwise dealing in the materials of such vehicle or vehic�s . )y;179639OLI., 16.ed4'�9lm 1 °Io' /'i8. Z//&o s�c,a, l b oS�`��70� S . 2114.2 . 14 BUSINESS LICENSE BUSINESS 2114. 2 .14 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 wl-.o has no regularly established place of business where such teaching iscarried on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37. 50 A (76r,13 9()4,,Ly LS/�y _%J6o�,9��0 . �114 .2 . 15 C7ff' ce Building. For every person conducting, man- aging, or carrying on the business of operating an office building, for each office therein $ 3 .00 A S . 21l .2 . 15 .1 Oil Business . Nonproduc on. Every person conduct- ing, managing, carrying on, or engaging in, from a _"ire ., place of business in the City of Huntington Beach, the business or activity of oil well, injection well, or water-source-well dril- ling or servicing operation, or refining oil or petroleum products and producing the byproducts, or marketing, selling, distributing at wholesale, oil or any petroleum products, or byproducts, or main- taining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a lic- ense tax in accordance with Section 2114 of this chapter. Nothing in this section shall be deemed to apply or relate to actual oil or gas production operations . (1652-8/71) S . 2114.2 . 16 Outdoor Theaters . For every person conducting, man- aging or carrying on an outdoor theater where moving or motion pictures are exhibited: Number of Stalls Fee Per Annum First 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300. 00 All over 500 . . . . . . . . . . . . . . . . . . (per stall) . . . .45 A separate license shall be obtained for snack bars , food stands and other concessions . (76 `, g5�2� S . 2114.2. 17 Pawnbroker. For the /purrpose of this section the term pawnbroker" shall include every person con- ducting, 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 resel- ling or agreeing to resell such property to the vendor or other assign- ee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the loaning of money or personal property or per- sonal security by any bank authorized to do so under the laws of the State or of the United S es 1766, 904, . . . . . . . .$450.00 A 327- �0... L`l/r�o LS 2 S . 2114.2 . 18 PeddlerPe�dyers of f�a s bang balloons cones g > > 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 . . . . . . . . . . . . . . . . . . $ 7 . 50 D Byvehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 delivering any goods for human consumption directly to the consumer thereof, by means of a regular system of delivery BUSri•ESS BUSINESS LICENSE S . 2114.2 .19 vehicles "or 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 . . . . . I . . . . . . . 15 .00 D 6;). n0 A Provided, however, that issuance o1' a 11-cense to any person , Cirm or corporation under this section shall not be construed to permit violation by such person, firm or corporation of Article . 553 of the Huntington Beach Ordinance Code . The license tax prescribed by this section shall cover one person and in the case of route peddlers, one vehicle only and an addit- ional 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 Section 4048, 4048. 1, 4048.2 and 4048.3 of the Huntington Beach Ordinance Code and with the provisions of subsections lb, 2a, b, C, d, 'M f 3 4 and 5 of Secrion 2113 .2 of this chapter. (7660—�0/ 838, 94, /�ee22 S6�`b114.2 �19 a � P6L Dance Hall. Public Dance and. Dinner Dancing Place . Every person conducting, managing or operating a public dance hall or dinner place . . . . . . . . . . . . . .$300.00 A Every person conducting, managing or operating a public dance . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . .per dance . . . . . . . . . . . .$ 22 .50 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: A. Public Dance Hall is a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week. B. Public Dance is a dance open to the public for an admittance fee or charge, which is held on one day only. C . Dinner Dancing Place is a place where music is provided and the s public is permitted to dance without payment of a fee . (766,904®"Y2 S . 21 11 .2 .20 / Public Utiltties . Any public utility operating in the city under a franchise or franchises from the city, or applicable therein; and which makes franchise .payments thereunder is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered. by the fran- chise in the city. (766, 904, 1o = 7C�-'� S . 2 14.2 .21 Rooming House ,Ap a tmeO House Motel, Bungalow 1 0o g , p , , g 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 re rerIj al units: per unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6.00 4o o� eJO��s�y� S . 2114.2 .22 Skating Rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or��ppa� rk . . . . . . . . . . $150.00 A `766, 904, 1b4.�,�7.0-)� SE - s:3 211. F . 2114 . 2.2--, Small Stand,-; and 'Puw4porn.r.'v and Permanent . Every per,,,on, not hi,vint�r, ,-L regularly es tab 1.1.,,he d place of business in this city, who c,c 1 Lc or offer.,.,, for sale Iroods or articles of any de,,-,(.,ript Ion in possession ur services , at, on or from a stand wpon any public street, alley ,, or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall paya fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37-50 A or, at the 0 ption of the licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 D ?9,735)-1766., qo4 iftVVJ/Tod, zq/,' '-i/(..2_ ILAOST '70 2114.2.24 Solicitor or Canvasser. For every person con- ducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.00 D (Prior to the issuance of any license under this section each a pli- cant shall comply with the provisions of Sections 4048, 4048. 1.1 V48.2 and 4048. 3 of the Huntington Beach Ordinance Code and with the pro- visions of subsections lb., 2a., b, c, d, e, f, 3, 4, and 5 of Section 2113. 2 of this chapter. This section shall not apply to any person., or employee or agent or representative of any person whose principal place of business is in and who has a license in the city as provided elsewhere by this chapter, or who takes orders only from businesses licensed under this chapter. ) (766, 838, 904 )oft*:-�97'Y-9� 4,5/-&, '/(6 0 5--1 V.?7 0) S . 2114.2.25 Same . On Streets , for Hotels Etc . F6r every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, alley or other public place, for any hotel, inn, rooming house, lodging house, apartment house , restaurant, dining room or house or place where meals or board. or lodging are furnished for compensation. . . . . .$ 75 .00 A (766, 9045 4 V6 2. IWS-q/70 S . 2114.2.26 Stockyard Auction. For every person conduct- ing, managing or carrying on any stockyard , sales, stable or corral where horses , cattle , goats , sheep, mules and other livestock are bought, sold or exchanged at public auctLi . . . . . . . . . . . . . . . . . . . . .$150.00 A . . . . . . . . . . . 766 7/4Pb,,/605" "a S . 2114.2 .27 Trailer Parks . For every person conducting, managing or carrying on the business of trailer park or mobile home park, Seventy-Five Dollars ($75 .00) annually for the first twenty- five (25) trailer spaces and Two . Dollars and Twenty-Five Cents ($2 .25) for each add.itional -trailer space . (766, 838, 904., 160E79170) BUSINESS BUSINESS LICENSE S . 2114.2.28 S . 2114.2.28 Transportation, Trucking and Hauling . Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods , wares , merchandise, pro- ducts of any nature , ra01 materials , pipe or castings , tanks or machinery or tools of any description, when said person has an established place of business within the city, shall pay an annual license fee in accord- ance with the following schedule for each and every motor vehicle so used or operated in excess of one vehicle . For vehicles with a manufacturer's rated capacity of under 1 ton. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7.50 A For vehicles with a manufacturer's rated capacity of under 3 tons, but 1 ton or over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22 .50 A For vehicles with a manufacturer's capacity of 3 tons orover. . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30.00 A (766, 838, 9o4, S . 2114.2.29 Same . Ev ry person engaged. in the business , in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, and who uses the public streets or highways of this city for the purpose of such use or operation for the delivery or transportation of any goods , wares, merchandise, pro- ducts of any nature, raw materials, waste materials, pipe or casting, tanks, machinery or tools of any description or in connection with rendering services for fees , when said person does not have an establishe place of business within this city, shall pay an annual license fee of Thirty Seven Dollars and Fifty Cents ($37.50) for each and. every vehicle so used or operated other than those vehicles described in Section 2114.2.30. ( 6 •f Exemptions and Exceptions: No fee hereunder shall be required for the operation of any motor vehicle or equipment along the streets of this city if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional, if trips or hauls are made beginning or ending at points within this city upon an average of more than thirteen (13) in any quarter of the year. More than thirteen (13) 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 transportati n business is solicited here .�764►-�a��g3p'- 5 9.0�- s�2� /6Qs--97o S . 2114.2. 30 Same . All Others . Every person engaged in the business in whole or in part, of using or operating motor vehicle: for the transportation, hauling or delivery or removal of crude oil, petroleum products or petroleum by-products in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any description, or any . other articles of commodity not otherwise classified in Section 2114.2.21 and Section 2114.2.29, 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 Section 2114.2.28 and Section 2114.2.29 of this chapter shall pay an annual license fee based. upon each motor vehicle so used or operated as follows: S . 2114.2.31 BUSINESS LICENSE BUSINESS Dump Trucks: For each vehicle with single rear axle . . . . . . . . . . .. . . . 15.00 A For each vehicle with dual rear axles . . . . . . . . . . . . . . . . . . 18.00 A 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. . . . . . . . . . . . . . . . . . . . . 6o.00 A For each additional tank truck, wagon or trailer. . . . . . . 6.00 A (766, 838, goo, _ "s 2 /4,05-9/70 S . 2114.2.31 Truck Rental or easing. Every person conducting, managing, or carrying on the business of renting or leasing the use of any truck or motor propelled vehicle for the trans- portation 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 con- trol of the person hiring the same, shall pay an annual license fee of Thirty Seven Dollars and. Fifty Cents ($37 .50) plus Fifteen Dollars ($15.00) for each truck or vehicle over one used in the business . In the case of persons operating trucks or vehicles in this city, within the meaning of Section 2114.2.29 and/or Section 2114.2.30, 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 Section 2114.2.29 or Section 2114.2. 30, which- ever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or leased over one used in the business . (766, 838, goo, 52 110 0 S 9�Z 0 S . 2114.2. 32 Passenger Vehicle Rental or Leasing . Every pers n con- ducting, 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 representa- tive of the person hiring, renting or leasing the same at rates per mile, per trip, per hour, per month, per year, or any greater period of time, and. where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of Thirty- Seven Dollars and Fifty Cents ($37.50) plus Seven Dollars and Fifty Cents ($7.50) for each vehicle . over one used in the business: _provided., that where a person conducts, manages, or carries on the rental or leasing of both trucks and. passenger vehicles as one and. the same business, from the same place of business, the payment of only one annual license fee of Thirty-Seven Dollars and Fifty Cents ($37.50) will be required. in addition to the prescribed fees for each vehicle over one used in the business . (76f, g04, S . 2114.2.33 Trailer Rentals . Every person co�h``d)ting, managing or carrying on the business of renting the use of trailers designed to be attached. to motor propelled vehicles shall pay an annual license fee of One Dollar and. Fifty Cents ($1.50) per wheel for all trailers used in the business . (766, 904, g� e�- BUSINESS BUSINESS LICENSE S . 2L.1-4 S . 2114.2 .34 Transportation - Water. Every person engaged in the business, in whole, or in part, of using or operating any boat or barge in connection with the conduct of their busing-,:;:; for the transportation or accommodation of passengers , whether Iee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods , wares, merchandise, products of any nature, raw materials, waste materials, pipe or castings, tanks or machinery or tools of any description, shall pay an annual license fee in accordance with the following schedule: For the first vessel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37 .50 A For each and. every vessel so used or operated. . in excess of one vessel: Less than 16 feet in length. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 A 16 feet or over but less than 26 feet in length. . . . . . . . . . . . . 15 .00 A 26 feet or over but less than 40 feet in length. . . . . . . . . . . . . 22 .50 A 40 feet or over in length. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 A (904 3 Nt,2 1 U 0 S-1�7 S . 2114.2.35 ending and Bulk-Vending Machines . Every person owning, conducting, transacting, managing, operating or carry- ing on the business of providing, furnishing, letting the use of, dis- tributing, 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 accordance with the following schedule: VENDING MACHINES For each service machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3 .00 A All others: For each machine charging .01 to and including tog 04. . . . . . . . 2.00 A For each machine charging .05 to and including . . . . . . . . 6.00 A For each machine charging .10 and. over. . . . . . . . . . . . . . . . . . . . 12 .00 A For each cigarette-vending machine . . . . . . . . . . . . . . . . . . . . . . . . . . 15 .00 A Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and. provisions hereof. BULK-VENDING MACHINES For each machine charging .01 to and including .04. . . . . . . . 2.00 A For each machine charging .05 to and. including 109. . . . . . . . 4.00 A For each machine charging . 10 or over. . . . . . . . . . . . . . . . . . . . 6 .00 A In the event any license fee provided for by this section on any vending or bulk-vending machine, is not paid when due and. payable, the owner of the business on whose business premises such vending or bulk-vending machine is located, shall be jointly and. severally liable to pay the full amount of such license fee . 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 nd. located in such fixed place of business . (766; 838 904, 1 - 11 -1 4,40 L s/Z, S . 2114.2. 36 BUSINESS LICENSE BUSINESS S . 2114.2.36 Water Companies . For the maximum number of custome,:i:s at one time during the preceding calendar year. . . . percustomer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ .75 (766, 904 �7 c �60 S4. l6�/70 S . 2114.2.37 Subdivision of Land.. Any person, partnership, corpora- tion or other entity engaging in the business of sub- dividing land shall be subject to a business license tax based on the number of lots or parcels created. as shown on each approved. final tract map at the per lot rate of One Hundred Fifty Dol�larss ($150.00) . Said tax shall be on the entire business of subdivid.i in ing subdividing, improvement, construction and selling. (988, �ng� �G3 /&OS=qEltionS . 2114.3 Effective Date . The rates set forth 2114 and. all subdivisions thereunder shall be effective as to all new licenses issued. after the effective date of this amend.ment, and with respect to licenses issued before such effective date whose renewal dates occur after such effective date, the rates set forth in Section 2114 and. all subsections thereof, shall apply on -and. after such renewal dates . loos-q/8� BUSINESS BUSINESS LICENSE S. 2150 ARTICLE 215 OIL PRODUCTION BUSINESS LICENSE TAX S. 2150 OIL BUSINESS. PRODUCTION. LICENSE RE IRED. It shall be unlawful for any person 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 located in the ty of Hun ' gton Beach without first obtaining a license therefor from said cit . '�� S. 2150.1 Term of License. The term of such license shall be one (1) year, commencing on July 1 of each year, beginning with the year 1971, except that in the event the effective date of this article is after July 1, 1971, the term of the license for such fiscal year shall commence with the effective date of this article and shall continue to June 30, 1972. inclusive, and the base annual fee for such fiscal year shall be adjusted accordingly. At the end of the term of any license issued or renewed hereunder, such 1' ense sh4l be of no further force and effect unless renewed as hereinafter provide ./ 5-2 -Y 1) S. 2151 LICENSE FEES REQUIRED. Every person required by this article to have a license shall pay to the City of Huntington 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 Forty-eight Dollars ($48) per well. Such base annual fee shall apply to each well producing oil or gas, or both, A fee of Forty-eight Dollars ($48) per well shall be paid for the period from and after the effective date of this ordinance through June 30, 1973, with a credit applied thereto of any amount previously paid as the base annual fee due June 30, 1972. (b) For the period commencing with the effective date of this amendment and ending June 30, 1973, and for each succeeding fiscal year, and in addition to the base annual fee, an amount equalling four cents ($0.04) per barrel of oil produced by each well per quarter, less a credit of Twelve Dollars ($12) per well per quarter. No carry over of credit shall be permitted. (1652, .1759 7/72) r/! S. 2151.1 Base Annual Fee. When Due and Delinquent. The base annual fee, required by this article, shall be due and payable on or before July 1st 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 ordinance is after July 1, 1972, the Forty-eight Dollar ($48) base annual fee shall be due and payable on the effective date of said ordinance, and shall be delinquent on the day following such due date. (1652, 1759 - 7/72) S. 151.3 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 consisting of January, February and March shall be due and payable 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 consNting of June, August and September shall be due and payable on October 1��G Sz - Y7/ � S. 2151.5. � Quarterly Payments. When Delinquent. All payments for all quarters, as required by this article, shall be delinquent on the thi ty-first day after the day such quarterly payments are due and payab]Z. s - S. 2152 BUSINESS LICENSE BUSINESS S. 2152 DEFINITIONS. For the purpose of determining the license fee: (a) A well is 'located within the City of Huntington Beach if the surface location of the well, the surface of the well itself, or if any portion of the well is located within the City of Huntington Beach, irrespective of the subsurface located of the well, the producing interval thereof, or where the hole of the well may be bottomed. (b) A ba.rrell of oil shall consist of forty-two (42) U.S. gallons of crude pet- roleum or hydrocarbon substances corrected for temperature variations in accordance with methods generally approved in the petroleum industry. Petroleum or hydrocarbon substances means crude oil remaining after the removal therefrom of water or other impurities by preliminary processing in the vicinity of the well site, preparatory to the shipment. thereof. (c) If oil produced from two (2) or more wells shall be commingled without the production of the respective wells being separately measured, each well whose prod- uction has en commin led shall be considered as having produced an equal part of the total(. � S. 2153 LICENSE RENEWAL. Any license issued under this article shall be renewed annually provided all delinquencies are paid in fu,1-1 and t annual base fee for the renewal term is paid in full prior to such renewal( /6 s/- 0/7 cyl S. 2153.1 License. Suspension of. The license required under this article shall be automatically suspended on any one or more of the following grounds: (a) Fees required by this article have not paid and are delinquent. . (b) Production statements have not been filed with the city when and as required by Section 2154. (c) Failure to comply with Section 2154.1 of this code. Any suspension of cense shall be removed upon compliance with all provisions of this article. ' S. 2153.3 Suspension of License 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 viol at' of an provision of this article or of any law or ordinance of the state or cit /(o$� _2 7 S. 2154 PRODUCTION STATEMENT REQUIRED. Every person required to have a license under this article shall on or before the 3Oth day of January, April, July and October file with the City Clerk a statement setting forth such information as the City Clerk shall require, including: (1) the name or other identification of all oil wells located in the city operated by him during any quarter; (2) the number of barrels of oil produced from each of said wells during such quarter; and (3) the com- putation of the amount of fee with respect to such production due the city. Said 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 substantially 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 complete statement made in good faith for the period stated, in compli- ance with the provisions of the Huntington Beach Ordinance Code." BUSINESS BUSINESS LICENSE S. 2154.1 Such statement shall not be conclusive against the City of Huntington Beach, nor shall it be conclusive as to the information set forth therein, nor shall the filing of such statement preclude the City of Huntington Beach from collecting by appropriate action any additional fee that is later determined to be due and payable. (1652, 1759 - 7/72) S. 2154.1 Records Required. Every person required to have a license under this article shall keep full, true and accurate records as to the amount of oil or gas produced by him from wells located within the City of Huntington Beach, and shall upon demand of the City Clerk, or his representative, make said records, together with any shipping documents or sales invoices pertaining to such oil and gas available for t�he inspec ion of the City Clerk, or his representative, at all reasonable times I/) p,�� S. 2154.3 Exce�Rtion. /Those businesses and activities for which a fee is required under this ticle shall be exempt from any other fee required by Chapter 21 of this codes-�_ S. 2155 PENALTY FOR DELINQUENCY. If any fee herein required to be paid to the City of Huntington Beach is not paid before it becomes one month delinquent, as provided in this article, a penalty in an amount equal to ten percent (l(`/0) of such fee shall be added thereto, and an additional penalty in an amount equal to ten percent (107.) 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 hundred percent (100%)' of the amount of the delinquent license fee. (1652, 1759 - 7/72) S. 2155.1 Penalty for Violation. Any person violating any of the provisions of this article shall be guilty of a misdemeanor, and shall be deemed guilty of a separate violation for each and every day, or portion thereof, during which any violation of any of the provisions of this article is committed, continued or permitted. Upon conviction of any such violation, such person shall be punished by a fine of not more than Five Hundred Dollars ($500) or by imprisonment } to six (6) months or both such find and imprisonment for each such violationf/(pS/-��/ S. 2156 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this article, or any amendments or revisions thereto, or the application thereof to any person, firm, corporation or circumstances, is for any reason held to be invalid or unconstitutional by any decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each subsection, sentence, clause, phrase or portion thereof, including amendments or revisions thereto, irres- pective of the fact that one or more sections, subsections, s ences, c auses, or phrases or portions be declared invalid or unconstitutional BUSINESS CERTIFICATE OF NEED & NECESSITY S . 2211 CHAPTER 22 CERTIFICATE OF PUBLIC NEED D NECESSITY (d4� ARTICLE 221. AMBULANCE SERVICE 222. PRIVATE PATROL SERVICE ARTICLE 221 AMBULANCE SERVICE S . 2211 DEFINITIONS : For the purpose of this Article, the following terms shall have the meaning herein given to them: (a.) "Private Ambulance" - The term "Private Ambulance" shall mean 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 definitions implies a regularly produced, custom built vehicle on a. chassis designed for ambulance use . (b) "Owner" shall mean any and every person, whether individual or corporate, who owns or controls any private ambulance . (c) "Driver" shall mean every person in actual cha e and control of any ambulance as a driver thereof. (8411 S . 2211. 1 Certificate of Public Need and Necessity Required . No owner shall operate any private ambulance, owned or controlled 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 certificate of public need and necessity to do so as provided for in this article. Nothing contained in this article shall be deemed expressly or impliedly to limit the City of Huntington Beach to the granting of an exclusive certificate of public need and necessity to any single owner, operator or operators . Nothing contained in this article shall be deemed to require a. certificate of public need and necessity of any owner of any private ambulance, owned or controlled by such owner in the business of transporting, at the call of any private physiciaA or hospital, ill or injured patients or passengers . 15131 _ �q CBI//- ��� S . 2211.2 CERTIFICATE .OF NEED& NECESSITY BUSINESS S . 2211.2 Application of Owner ' s Certificate of Public Need and Necessity. ny owner desiring to obtain the Cer ificate of Public Need and Necessity required by this Chapter shall make applica- tion therefor to the City Council, by filing the same with the City Clerk. Each application shall be accompanied by a, policy 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; cr if a, partnership, association or unincorporated company, the na,mes of the partners, or of the persons comprising such association or company, and the business and residence of ea,ch' partner ' or person. (b) A description of each ambulance or other vehicle used by the appli- cant and which vehicles the applicant proposed 'to use, together with the 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 ra,te of fare proposed to be charged for carrying the patients or passengers which applicant proposed to transport. (d ) The applicant shall furnish any and all additional information as the Council may require . (841 -S—// S . 2211.2 . 1 Fees . No certificate of need and necessity shall be issued or continued in operation unless and until the applicant ha,s paid to the Treasurer of the City of Huntington Beach a fee of Five Dollars ($5.00) for each ambulance per year. Such fee of Five Dollars ($5.00) for each ambulance per year shall be transferable in any one (1) year in the event of a, trade-in of the ambulance or vehicle involved . (841, 1513J--1�4 L5�f S . 2211.2.2 Owner' s Certificate of Public Need and Necessity and License Not Transferable . No license or Certificate cf Public Need and Necessity granted by the Council pursuant to t e provisions of this Chapter may be transferred to another. (841) -5/-6� BUSINESS CERTIFICATE OF NEED & NECESSITY S . 2211. 3 S . 2211. 3 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 21 of this code . No certificate of public need and necessity shall be issued under this article until the owner desiring to obtain such certificate of public need and necessity has first obtained such business license for such private ambulance service as required by Chapter 21 of this code . Business license fees shall be paid to city as required by Chapter 21 of this code . (15131 -7/) S . 2211. 3 . 1 Replacing Vehicle . In the event that any vehicle is replaced by the owner of the private ambulance business, said owner shall immediately inform the City of the manufacturer' s name, the year, the model, the engine and serial numbers, the State Motor VehiclE license number of the new ve icle and of any vehicle having been replaced by such vehicle . (8410-561) S . 2211. 3 .2 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: (a) Is over the age of twenty-one (21) years, provided, however, that any one eighteen (18) years of age or over may assist in the opera- tion 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 of 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 Cha,uffeur' 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 . (841�-��� S . 2211.4 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 ( 10) 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 f the Council upon the hearing shall be final and conclusive . (841j-$/„� S . 2211.4.1 CERTIFICATE OF NEED & NECESSITY BUSINESS S . 2211.4.1 Change of Rates . Prohibited without Certificate of Public Need and Necessity. No owner or driver of any private ambulance service licensed under this Chapter shall charge any rate within the City limits of Huntington Beach different fro, % the f�-sd'hedule of rates on file and approved by the Council. (84l 5i.1 ✓S. 211.5 Revocation of Owner's Certificate of Public Need and 2 Necessity. Manner of. Any Certificate of Public Need and Necessity granted pursuant to the provisions of this Article 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. No Certificate of Public Need and Necessity shall be revoked except in the following manner: (a) 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 serve the rermittee with notice of the time and place of hearing, together with a statement of the charges which are the basis for the hearing, at least ten (10) days prior to the time fixed for said hearing. (b) The City Clerk may serve the aforementioned notice of statement upon the Permittee personally or upon said Permittee by deliver- ing the same by certified United States Mail, postage prepdid, to Permittee -at address given . in his application for Certificate of Public Need and Necessity. (off The hearing shall be public and the Permittee shall have the right to produce witnesses on his own behalf and to be repre- sented by Counsel. (d) The findings and decision of the Council 11non such hearing shall be final and conclusive. . (8411 S. 2211.6 Renewal of Owner's Certificate of Public Need and Necessity. 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 p riod of six (6) months after the date of such revocation. (841j- BUSINESS CERTIFICATE OF NEED & NECESSITY S. 2211.7 S, 2211,7 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 in- surance -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 said Certificate of Public Need and Necessity are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operator or other -use thereof the minimum liability limits upon such vehicle being not less than One Hundred Thousand Dollars ($100,000.00) on account of personal injury to or death or any one person in any one accident and Three , Hundred Thousand Dollars ($300,000.00) on account of personal inj"Urie6 to or death of two or more persons in.any one accident, and the minimum liability limits upon each .such vehicle being not less than Twenty-five Thousand Dollars ($25,000,00) for damage to or destruction of property in any one accident. Such policy of insurance shall contain an endorsement providing that said policy will not be can- celled until notice in writing shall have been given to the City of Huntington Beach, addressed in care of the City Clerk, City Hall, Huntington Beach, California, at least thirty (30) days immediatel prior to the time such cancellation shall become effective. (841 S�t S. 2211.8 Granting Certificate of Public Need and Necessity. Upon receipt by the City Jerk 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 investigation shall, within thirty (30) days of the receipt of said application, 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 required 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 privatpe ambulance described therein is adequate and safe for the purpose for which it is to be used, is not over ten (10) years of age and that it is equipped as required herein and by the requirements of the California Vehicle Code and California Highway Patrol. (c) That the applicant is of good moral character, and has complied with all of the terms and conditions 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 of Huntington Beach. . (e) That the proposed schedule of rates to be charged are fair and reasonable. The granting of such Certificate of Public Need and Necessity shall constitute the approval o the City Council of the proposed Schedule of rates. (841J-5-, ,> S. 2211.9 CERTIFICATE OF NEED & NECESSITY BUSINESS S. 2211.9 Inactive Certificates. Notice and Hearing. 'All bus- iness, 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. 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 (10) 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. From and after revocation of certificate, pursuant to this section, it shall be unlawful to operate or conduct business or services with- out obtaining another certificate of public need and necessity. (1688 .- 12/71) BUSINESS` CERTIFICATE OF NEED & NECESSITY S. 2221 ARTICLE 222 PRIVATE PATROL SERVIICE WAMj 848 -6 /,t S. 2221. Definitions : (a) "Private Patrol Service" means that activity or business 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 otherwise , to patrol any portion of the City of Huntington Beach, 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 property, or to perform any service usually and customarily performed by a1. peace officer. For the purposes of this Article only, the words (, "Private Patrol Service" shall also include the exclusive and regular employment of a person by one employer 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 re- ferred to in this section. (b) "Private Patrol Service" does not include the guarding 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 en- tire salary or wage is paid by such owner; 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. (c) "Patrolman" means a person engaged in one or more of the activities referred to in subsection (a) of this section, .as the owner member or employee of a private patrol service. (8481 _ L/�)� S. 2222 Certificate of Public Need and Necessity Required. iIt shall be and it is hereby declared to be. unlawful for any person, firm, or corporation to operate or conduct any private patrol service in the City of Huntington Beach unless such person, firm, or corporation has previously obtained a Certificate of Public Ne d and Necessity to 'do so as provided for in this Article. (8481 S. 2222.1 Application for Certificate of Public Need and Necessity. Any person, firm, corporation, desiring to obtain a Certificate of Public Need and Necessity required by this Article shall make application therefor to the City Council by filing the same with the City Clerk. Each application shall be accompanied by a per- formance bond in the amount of Two Thousand:Five Hundred Dollars ($2 ,500.00) as well as a fee of Five Dollars ($5.00) for filing of the said application. Said bond shall be in the same form as re- quired in Section '2112.204 o-f the .Huntington Beach Ordinance Code. Said application shall be in. writing and shall, among other things set_ forth. the following: S. 2222.2 CERTIFICATE OF NEED & NECESSITY BUSINESS (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 of Huntington Beach. (e) The names and addresses of all private patrolmen who are and will be employed by the private patrol service. (f) A statement as to what offenses, if any, any person(s) mentioned in subsections (a) and (e) hereof, have been convicted. (g) A description of any mobile or station radio equipment including the frequency assigned by FCC to said radio transmitting equipment. (h) A description of the vehicles , including color, insignia, and special police equipment to be used. (i) One set of three standard size fingerprint cards bearin the fingerprints of each person mentioned in subsections (a5 and (e) hereof. 0 ) One identification photograph of each of the persons mentioned in subsections (a) and (e) hereof. (k) Such other information as be- required by the City Council or Chief of Police. (848 S. 2222.2 Business License Required. Every person,. firm or corporation owning, operating or conducting a private patrol service in this City shall . in addition to and after obtaining 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 any person until such person is granted C rtifi- cate. of Public Need and Necessity .by the City Council. (848 -,/�, S. 2223 Granting Certificate of Public Need and Necessity. (a) 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 investigate the ; character, fitness. and qualifications of every person whose name appears on such application. Upon completion of said 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 there- - for. After study, the City Administrator shall thereupon transmit such application to the City Council together with his recommen- dations in connection therewith. BUSINESS CERTIFICATE OF NEED & NECESSITY S . 2224. (b) Upon receipt Df an .application ,for a Certificate 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 operations 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 -d-o so, he shall be deemed to have consented or agreed to such denial or -granting of the Certificate . (c) Within thirty (30) days after an applicant for a Certificate -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 (5) 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 persons named as private patrolmen, at the respective addresses specified in the application, shall constitute sufficient -notice 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 . (848* S , 2224 No Employment of Unlicensed Patrolmen. It shall be un- lawful-_and it is hereby declared to be a misdemeanor -for the owner, operator or ,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 . (8 4 8� )1> S . . 2224.1 Private%Patrolman's License : -Application. (a) Any person desiring a .license to -act .as a private patrolman and 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 of Huntington Beach,. Such application for -a private patrolman's license shall contain : . (1) Name and address of the applicant ; (2) Statement of_all businesses and occupations engaged in for the past five years and the names and addresses of not less than three persons also to verify such statements ; (3) A statement of what offenses , if any, the applicant has been convicted, including traffic violations ; (4) A comple-t_ •-set of fingerprints -and . an identification photograph of the applicant, taken by the Police Department; (5) 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 comtemplated- vacancy authorized under the licensee 's Certificate of .Need and Necessity. Sa 2225 CERTIFICATE OF NEED & NECESSITY BUSINESS (6) Such other information as the City Council or Chief of Police may require ,. (7) The applicant for a private patrolman's license shall at the time of application pay the sum of Two Dollars ($2,.00) in addition to any other fees prescribed by law to defray the expense of investigation, indentification, and issuance of an indentification card. (b) 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: (1) The name of the licensee ; (2) The right index fingerprint; (3) The name and number of the license of the private patrol system by which the licensee will be employed; (4) The signature of the Chief of Police ; (5) Any other inform. i n deemed necessary by the Chief of Police . (848# -G1&(5 So 2225 Modification of Certificate of Need and Necessity. (a) A Private Patrol Service shall within five (5) days after any patrolman, detective, owner, member or employee , required to be licensed under this Article, is no longer employed or associated 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 - dentification card which may have been issued hereunder to such employee,. (b) Upon written application by a licensed patrolman, accompanied by a written application from the private patrol service, licensed under this a-rticle, 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. (848) S , 2226 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 quipment or weapon, or carry any weapon, not so specified, (8481-� � S � 2226 .1 Badges and Caps , (a) For the purpose of this Article, the word badge shall also include cap piece or cap badge , (b) The City Council s-hall 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, :BUSINESS CERTIFICATE OF 'NEED.-&- NECESSITY. S. 2226. 2 (c) It shall be unlawful .and . it-is hereby declared to be a-misdemeanor for any person not licensed hereunder to display any- badge, license or identification card prescribed for ,private'- patrolmen hereunder with: intent to deceive another into the .belief that such ,person has been duly. licensed. (d) Whenever -a private patrolman's license has been .revoked, or he- ceases to be employed as such, he shall_ immediately surrender - his license-.identification card and badges , to his employer. (e) While engaged in his duties ,as such, within the .-City Limits of the City of Huntington ,.Beach, a ,private patrolman shall keep- upon his person at all times , .his identification card and shall wear or carry �the ,badge prescribed-by -this Article and- shall .not -wear, carry or display any other badge of any kind whatsoever. (848� - / S . . 2226 . 2 Use of Badge . Uniform -and Title . (a) It shall be unlawful for any person to give, deliver to, or sell a- private patrolman's badge or any badge of a design the same -as , or so similar to the badge prescribed hereunder, as to be therefor, to any person not licensed pursuant to the provisions hereof. (b) It shall .be unlawful -for any person to purchase or receive as a .-gift, pawn or pledge any.badge -issued by the -private patrol service -, pursuant to the provisions hereof.. (c) It .shall- be unlawful for a patrolman to wear any uniform which . is an :imitat.ion 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. Patrolmen licensed hereunder shall wear, while on duty as such ,patrolmen,a uniform of slate-gray colored material ; provided however, that the Chief of Police may ,b y written order authorize .a patrolman to. perform 'his duties in clothing other than a uniform, (d) It shall be 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 shall' be unlawful and:.is hereby declared to be -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�a , Police Department .wi"thin the County of Orange . (848t - �6� S . 2227 CERTIFICATE OF 'NEED & NECESSITY BUSINESS S . 2227 Licensee Inot to ,perform Police Duties . It shall be un- lawful and it is hereby declared to be a misdemeanor for .any -licensee- hereunder to perform any official police duties . He shall immediately -report in the most expeditious manner every viola- tion 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 of suspicious occurrence without u necessary delay to the Huntington .Beach Police Department. (848#- '> -. S . 2227. 1 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 requirement hereof, governing, the operations of licensees hereunder. (848*-1 �o) S . 2228 Chief of Police - to Investigate Complaints . All complaints regarding the -activities of the licensee shall be- investi- gated by the Chief of Police. Reports of such complaints 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 . (8481_(O/� S . 2229 Chief of Police -may Suspend and Recommend Revocation of License and Certificate of Public Need and Necessity. (a) If as a result of a complaint regarding the activities 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 faithful discharge of the duties required to such licensee, he may suspend the license and Certificate of Public Need and Neceskity -forthwith and recommend to the City Administrator and City Council that the license and Certificate ,of such private patrol service or -private patrolmen be suspended. for a certain period of time or be revoked, . (b) Within five (5) 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 the City Clerk. If the - licensee does not make and file such demand within the five (5) days period he §hall be deemed to have consented and agreed to a full revocation 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, toether -with a statement of the charges which' are' the basis for the hearing at :least ten (10) days prior to the time fixed for said hearing. BUSINESS CERTIFICATE OF NEED & NECESSITY S. 2229 (c) The City Clerk may serve the aforementioned notice of statement upon the licensee personally or upon said licensee by delivering the same by registered United States Mail, postage prepaid, to 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. (e) Failure on the part of the licensee to appear before the City Council at the time and place fixed shall constitute a forfeiture of said license . or licenses and Certificate 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 (6) months_ after the date of such revocation. (8481— S. 2229.1 Inactive Certificates. Notice and Hearing. All business, services and operations which are required to obtain cer- tificates of public need and necessity shall be deemed inactive and the certificate of public need and necessity shall be subject to revoca- tion in accordance with the procedures set forth in this section, when- ever said business, operation or service has ceased to function for a ` six-month period. No certificate of need and. necessity shall be revoked pursuant to this section without a hearing before the City Council duly noticed by giv- ing ten (10) 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. From and after revocation of certificate, pursuant to this section, ' .it shall be unlawful to operate or conduct business or services with out obtaining another certificate of public need and necessity. . (1688 .- 12/71). BUSINESS OIL S . 2300 CHAPTER 23 OIL (1203, 1653 1:1/71) ARTICLE. 230. DEFINITIONS AND GENERAL PROVISIONS 231. PERMITS AND FEES 232 . BONDS AND INSURANCE 233. DRILLING; OPERATION; SAFETY AND STORAGE 234 . CLEANUP AND MAINTENANCE 235 . WASTE WATER SYSTEM 236 . IDLE WELLS 237. NUISANCE ABATEMENT 239. ACTIVATION OF NONPRODUCING OIL WELLS ARTICLE 230 ' DEFINITIONS AND GENERAL PROVI IONS S . 2300 TITLE . This chapter shall be known and may be cited as the City of Huntington Beach Oil Code . "Code" , as re- ferred to in this chapter, unless the context clearly indicat�es j otherwise, shall mean the City of Huntington Beach Oil Code ./I�o3-���1(053-/l S . 2300. 1 Purpose and Intent . It is hereby declared to be the purpose of this chapter to establish reasonable and uniform limitations , safeguards and controls for the present oper- ation of and future drilling for and production of oil, gas , and other hydrocarbon substances within the city so that this activity may be I conducted in harmony with other uses of land within this city, thus j protecting the people of the city in the enjoyment and use of their ' property providingfor thei comfort, health, safety and general welfare . �cd p S . 2300.2 Oil Field Superintendent . The oil field superintendent shall be appointed by the city administrator and shall be responsible for the Department of Oil Field Control under the di- rection of the city administrator. The oil field superintendent shall receive such compensation gor his services as established by. the Per- sonnel Resolution /X/ S . 2301 DEFINITIONS . The following terms as used in this code shall,� less the context indicates otherwise, have the respective meaning herein set forth: ( 1) ABANDONMENT. Abandonment shall include he rest , tion of the drill site as required by these regulations /�203 (2) A. P. I. is the American Petroleum Institute /—X ( 3) APPROVED type and approved design, is and includes improvements , equipment or facilities of a type or design approved by the oil field department, fire department, bu' lding department, and/or engineering department .() S . 2301 (4) OIL BUSINESS (4) BOARD OF ZONING ADJUSTMENTS. shall mean the Board of Zoning Ad- justments of the City of Huntington Beach as set up and constitute• pursuant to Division 9 of the Huntington Beach Ordinance Coder/6�3 (5) BLOW-OUT is a sudden, violent expulsion of 1, gas liquid, mud, or solids or a mixture thereof from a we112o ;' .6) BLOW-OUT PREVENTOR is 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 clopes the top of the casing and is designed for preventing blow-out .(`2o3-S�` (7) BUILDING CODE shall mean the ordinance of the City of Huntington Beach known by--that tipliq as it may be changed or reenacted from time to t ime... �0 3- ( 8) BUILDING DEPARTMENT shall mean and include the director, his assistants , deputies and insp ctors o the building department of the City of Huntington Beachao3-5�� (9) BUILDING PERMIT shall mean permit provided for by the build- ing ing code and issued by the Building Department � 03 - /6S 3 -17 ) ( 10) CELLAR is apelclxcavatiQn around. or above the top joint of the casing of a we l ( 11) CITY ADMINISTRATOR shall mean the City Ndministrator of the City of Huntington Beach ►�03- ��fo� /�S-3-117, ) (12) CITY ATTORNEY shall can the City Attorney of the City of Huntington BeachC�T.3 /V 1 ( 13) CITY CL shall mean the ity Clerk of the City of. Hunt- ington Beach�© '3-��G� BLS 3 -�� ( 14) COMPLETION OF DRILLING . A well is completed, for the pur- pose of these regulations , thirty ( 30) days after the drilling crew has been released through comple ion of i s work and/or release by those so employing said drilling crew LS3 ( 15) COUNCIL all mea�he elected governing body of the City of Hunt- ington Beach ) 203 -Sx ( 16) DEPARTMENT OF OIL FIELD CONTROL s all mean +he oil field superin- tendent, his assistants and inspectors (,53� ( 17) DERRICK is any framework, tower or mast including all parts or ap- purtenances to such structures used in the drilling for o-i1 and gas as well as support for the equipment lowered into the well ( /n03- />) & Iw317 ( 18) DERRICK EQUIPMENT shall mean any framework, tower or mast together with all parts and appurtenances to such structure , including any found- ations , pump house structure used to house oil recovery equipment, in- cluding but not limited to longtails , pipe racks and each and every part thereof which is in any way usable or used for the drilling r and/o production of oil, gas, or other hydrocarbons ftom the eart f(,53,_ , BUSINESS OIL S . 2301 (19) ( 19) DESERTION means the cessation of operation at a drill site with- out compliance to the prov ' ions of t is code relating to suspended operations or abandonment SXI' (20) DILIGENCE shall mean persevering application cha •cterized by steady, earnest, and energetic application and effort Y6&j - %1 (21) DIRECTIONAL DRILLING is the drilling of a well which departs J from the vertical, usually accomplip.Aed through slant d illing or whipstocking from a drilling site . SXL /�S 3 - �/71 (22) DIRECTOR OF PUBLIC WORKS . shall mean the Di to, of Public Works and his assistants , engineers or inspectors �(,53 -��� (23) DIVISION OF OIL AND GAS shall mean the Division of Oil and Gas of the Department of Natural Resources of the State of California or any other state age y that y, in the future , be charged with its responsibilities . /� 0 3 -//� (24) DRILLING means digging or boring a hole in the earth for the purpose of exploring for, developing or producing petroleum. Drilling—, includes all operations through the completion of a well . -1 , �J (25) DRILLING EQUIPMENT means any appurtenances , materials , or struc- tures and every part thereof which is or are required, or used, or was used or usable with, or for the drilling and pr duction of oil, gas and other hydrocarbons from the earth�j(���:-J (26) DRILL SITE means the premises used during the drilling, main- taining, operating, and producing of a well or wells locat e . �j �0ther3-5�n�,�/L53% (27) ENGINEERING DEPARTMENT means t e directo of public works , his assistants,_ engineers . or inspectors (28) FIRE DEPARTMENT means the Fire Chief of the Fire Department of the City of Huntington Beach, his assistants , deputies or the assigned Chief of the Fire Prevention Bureau and his assigned inspectors 03- (29) GAS shall mean any fluid, either combustible or noncombustible , which is produced in a natural state from the earth and which main- tains a gaseous or rarefied state at ordinary temperatures and pres- sure conditions . It shall also mean the gaseous compo , ts or vapors occurring in or derived from petroleum or natural gas . ��o3-��, /J�% l (30) INJECTION WELL shall mean 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 recovery or recycling operation to introduce a fluid into the pro- ducing formation to maintain underground pressure which would other- : wise be reduced by virtue of the production of oil and/or gas(A05-3- 11 ( 31) LESSEE shall mean 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 o others . S . .2�Ol (32) OIL BUSINESS ( 32) LESSOR shall mean t owner of surface and/or mineral rights who has executed a lease . l(o�3- 11,�I) ( 33) 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 struct es to ated on s id operation site painted, ,clean, sanitary and safe( 1,,o3-151G(i 1 71 ( 34) NATURAL GASOLINE PLANT OR ABSORPTION PLANT is a ,plant for the processing of natural gas from the production wells for the ex rac- tion into its various components including natural gasoline, Potor fuel, liquefied petroleum gases and other natural gas liquid .1 o3-54, I(PT3 4X71 ( 35) OIL FIELD RECOVERY HEATER shall mean a once through forced circulation, water tube steam generator, used only in the oil field thermal recovery operations having no fired pressure part larger than three inches pipe sic and no ther- pressure part larger than six inches pipe size 653-11�/ ( 36) OIL OPERATION shall mean the use or maintenance of any instal- lation, facility or structure used, either directly or indirectly, to carry out or facilitate one or more of the -following functions: drilling, redrilling, rework, and repair, production, processing, extraction, assisted recove y, s.timu ation, storage or shipping of oil, gas or hydrocarbons1453- I/ ( 37) OIL OPERATION SITE ,shall mea the physical location where oil operations are conducted (453- 1/7 1) ( 38) OPERATOR shall mean a person, natural or artificial, (e .g . cor- porate) engaged in the business of drilling wells for oil and gas . Said definition shall include those -actually, in charge and in con- trol of the well including its -drilling,; maintenance, operating or pumping . Operator includes owner where the latter is perfn)40 ing or has performed the function of operator as described herein3- '//�/6T-3 X7) �w7 (39) 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 contiguity of any such parcel of land, no street, road or alley lying withie le or unit shall be deemed to inter- rupt such contiguity . ��03 -�� (40) OWNER is a person who owns a leg or equitable title in and to the surfaces of the drill site (/ao3 -5 (� (41) PERSON includes any individual, firm, association, corporation, join ventur )estate or any other group or combination acting as a unit /�.03-5 Vi (42) PLANNING COMMISSION OR COMMISSION shall mean the Planning Com- mission of the City of Huntington Beach as provide •� forrpur ant to Division 9 of the Huntington Beach Ordinance Code �(oS3_ ►i�� BUSINESS OIL S . 2301(43) (43) PROCESSING shall mean the use of oil operations for gauging, recycling, compressor repressuring, injection, reinjection, dehydration, , stimulation, separation, ( including but not limited to separation J of liquids from gas ) , shipping and transportation, and gathering of oil, gas , other hydrocarbon substances , water or any combination thereof. �(053;_ /�1 (44) REDRILLING shall mean the deepening or whipstocking of an ex- isting oil well or otherwise drilling beyond the extremities or sides of the existing well casing(. /Uo 0 3 -/ �/ /&5_3 -1 Vi1) (45) SEISMIC PETROLEUM PROSPECTING shall mean prospecting for oil by means of drilling holes into the ground, placing an explosive charge therein, and detonating such charge . Se smic petroleum pr pecting. includes vibroseis and dioseis methods2d3-5 /loS3-�/�/ (46) SHO OLE sha mean the hole drilled in seismic petroleum pros- pecting . (47) SOURCE OF IGNITION means any flame, arc, spark or heated object or surface capable of igniting flammable liquids , gases or -apors . 1203- 5 (48) STRUCTURE is that which is built�e,r constructed, inc uding a tank, edifice or building of any kind .( ,gyp 3 -S/�6 �('0S 3_/�/ 1 (49) SUMP OR SUMP PIT is. an uplined earthen pit for the discharge of oil field wastes �1 to53 - (50) SUSPENDED OPERATION OR SHUT-IN is the approved, temporary sus- pension of drilling, redrilling or production operation by the oil field superintendent pending ,a resumption of operation or abando ent,. \ . (51) TANK is a container, covered or uncovered , used in conjunction with the drilling or product* n of an oil )ell for holding or storing liquids and/or - oS/� / S 3 - �52) TANK FARM shall meanI& collection of such tanks for the stor- age of liquids and/or oil 3_/�47)/ (53) WELL OR OIL WELL shall mean any oil or gas well or well for the discovery of oil and gas , or any well reasonably presumed to contain oil or gas . Well also includes injection wells for the purpose of secondary re ove.ry a d disposal lls for the purpose of disposing of waste water(. 03_ 5�A �(��r3�'/�/7 (54) WELL SERVICING is remedial or maintenance work performed within any existing well which does not involve�/`drilling or red r' ing, that is , work done after the well -is drilled -(/ 03 -Slbla� /(53 -)�1 (55) WHIPSTOCK shall mean the technique of drilling a well deviating from the vertical; a directional well; to drill a directional well. It can also me n the drilling tool employed in drilling a directional well S . 2302 OIL BUSINESS S . 2302 OIL FIELD COMMITTEE CREATED. DUTIES OF. There is here- by created for the Ci y of Huntington Beach the Oil Field Committee , composed of the following: oil field superintendent, a { member of the City Council, City Attorney, planning director, dir- ector 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 operations which shall require permits or set minimum standards of safety in addition to those e- numerated in this code . The Oil Field Committee shall meet annually, or upon request of any member, to discuss dew proces es , or for the purpose of revising or updating this code .( t (,�j3 /7/ S . 2303 PERMISSION TO ENTER PREMISES . The oil field superinten- dent shall have the right and privilege 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 chapter, or by any ordinance of the city( J�.53_ l I { S . 23o4 APPEALS . In addition to the hearings provided for by. Article 237 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 (20) days of the decision of the oil field superintendent, file a written appeal to the City Council of the City of Huntington Beach in accordance with the following procedures: ( 1) The City Council of the City of Huntington Beach 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. (2) 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 . (3) Any appeal not filed within twenty (20) days from and after the date of the order, requirement, decision or determination complained of shall be dismissed by the City Council of the City of Huntington Beach. Within ten (10) 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 . (10) days prior to .the hearing . (4) 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. (5) 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 announ- ced at the time for which the hearing was set. BUSINESS OIL S . 2306 (61 (6) Ac ion by th Council in granting or denying the appeal shall be final. OS-3- /1/1 S . 2306 NOTICES . Every operator of any well shall designate an agent, or agents , who is a resident of the State of Calif- ornia, upon whom all orders and notices provided in this code may be served in person, or by registered or certified mail. Every oper- ator so designating such agent shall within ten ( 10) days notify the Department of Oil Field Control, in writing, of any change in such agent or such ailing ad ress unless operations within the city are discontinued . / [oS3-1l �J S . 23o7 NOTICE OF OWNERSHIP. 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 ( 10) 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: ( 1) The name and address of the person from whom such well and prop- erty was acquired . (2) The name and location of the well. ( 3) The date of acquisition. (4) The date possession was acquired . (5) A description of the properties and equipment transferred . (6) The dame and address of the person designated for service of notice . //, —3 S . 230.8 TRANSFER OF OPERATOR. The operator shall notify the De- partment of Oil- Field Control in writing of the transfer of any oil well for any purpose . Within ten (10) days after such transfer by reason of sale, assignment, transfer, conveyance or ex- change, said notice shall be given and shall contain the following: (1) The name and address_ of the person to whom such property and well + was sold, -assigned, - transferred, conveyed or exchanged . (2) The name and .,location of the well. ( 3) The -date of sale, assignment, transfer, conveyance or exchange . (4) The date when possession was relinquished by the former Aerator, and a description of the properties and equipment transferred/&S-�5,/ ,/ S . '2309 PENALTIES . Any person or entity violating any of the pro- visions of the Huntington Beach- Oil Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punish= able by a fine of not more than Five Hundre-d-- Dollars ($500) or impris- onment in the county jail for a period of not more than one year or both such fine and imprisonment . Each person or entity shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this oil c .cl�' is commi ted, continued, or permitted by such person or entitie •/ ( S 1�7il S . 2309. 1 OIL BUSINESS S . 23og.1 CITATIONS . The oil field superintendent and his assis- tants shall be sworn as peace officers for the purpose of enforcing this code; and may, therefore, issue citations for any violations of said co e pursuant, to Sections 853.6 et seq. of the California Penal Code L(o53-- /Yi S . 2309.2 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 to 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 obt ined . - RTICLE 31 -,` 203-S�G�I(oS-3 � PE1 MITS ND FEES S . 2311 PERMIT REQUIRED. Permits, as required by this article, shall be obtained from the City of Huntington Beach for the following oil operations, activities, buildings, .,'p'f structures n the city limits of Huntington Beach��2-4 �9f�/I�2D3 'S �, S3- f 7 ; S . 2311.1 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 of Hunti •gton Beach. Said, ermit is herein referred to as a Drilling Permit. /�03 -s1601 1(9s-3-)V7) S . 2311.2 Annual Inspection Permit . 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 chapter, 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 permit 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 whit issued an no well shall be operated without such permit . 1,u 3 --/b1 /4S3 "Ah S . 2311. 3 Waste Water Permit . For the purpose of disposing of wastes from of and gas wells, including waste water, water and brine in the sanitary system, a permit,,must fir t be ob- tained from the Department of Oil Field Control S . 2311.4 Oil Field Recovery Heater Permit . An oil field re- covery heater shail not be ere c ed and/or installed for the purpose of secondary recovery unless a permit therefor has been obtained from the Department of Oil Field. Control(T4EZ'._1�1 BUSINESS OIL S . 2311.5 S . 2311.5 Building Permit . A building permit shall be obtained from the Building Department to erect, construct, en- large , alter, repair, move, improve, or demolish any structure 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 aforementioned and such fee shall be based on the total evaluation of the structure when complet- ed, as listed in the Uniform Building Code, adopted by the City Council of the City of Huntington Beach. The Building Del2artTent , shall issue all required plumbing and electrical permits .Q 53 f h • S . 2311.6 Encroachment Permit . An encroachment permit shall be obtained from the Director of Public Works when it is necessary to encroach over publi property lines with well drilling or servicing equipment �(�+�-� - 1 S . 2311.7 Fees Set By Resolution. Fee Payment Date . Fees shall be required for the issuance of each of The permits required pursuant to this article . Such fees shall be set by res- olution in November of 1971 for the period ending June 30, 1972, ex- cept the annual inspection fee which shall remain at the current 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 operations during such annual fee fiscal year period . Said i resolution 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 refund- , able . The annual inspection fee shall be due and payable on July 1 of each year, commencing with the year 1972 and shall be delinquent on August 1 of each year. 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 . The drilling and redrilling fee and oil field recovery heater fees - shall be due and payable at the time of application thereforl�S:.N// S . 2311.8 Permit Procedure . Permits required by this chapter �7 shall be obtained from the appropriate city department . The application for drilling, redrilling or oil field recovery heater permits shall be obtained from the Department of Oil Field Control and said application shall contain the following required information: ( 1) The complete legal description of the property. (2) 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 speci- fications of standard derricks, masts and tanks when such plans and specifications are already on file at the Department of Oil Field Control. * S . 2311.8 (3) OIL BUSINESS ( 3) A corporate surety bond in conformity with the provisions of this code . (4) A verified statement signed by the applicant certifying 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 . (5) A hold harmless agreement as ,provided by a form approved by the Office of the City Attorne � ' 1Gs3-'/fi S . 2312. 1 Scope of Permit . The city is not a guarantor of the com- petence of the permittee as to oil operations . Said per- mit is not an expression by the city that such proposed oil operation can be done with safety to the operator or other perms or pr perty; all of which said risks are assumed by the permitted. J ( 1;3�)K7) S . 2312.2 Permit Utilization. No permit issued hereunder shall be valid unless utilization of the privileges granted there- by be commenced within ninety (90) days from and after the date of issuance of the permit and such activity is engaged in without ces- sation for a period of ninety (90) days thereafter. Failure to com- mence 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 .!_, : S . 2313 OTHER PERMITS . The permits provided in this chapter are in ad.d.itlon o and are not in lieu of any permit which may be required by the other departments of the city. The Depart ment of Oil Field Control shall not issue any permit under this chap- ter until all other permits required by other departments if any, have been issued and the fee, if required, has been paid.�ab3 _ �` iN , S . 2314 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 end fever lly liable for the payment of the fee required to be paid ./ /6 S3 _f�/� S . 2315 PENALTY FOR DELINQUENCY. 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 (30) days thereafter, automatically be and become delinquent, and a penalty in an amount equal to ten percent (10%) 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 . S . 2316 PUNISHMENT. No person shall permit or cause to be per- mitted any activity or operation which requires a permit pursuant to this article, 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 op- eration requiring a permit, pursuant to this article, without in fact having such permit is guilty of a misdemeanor, punishable by fin , imprisonment, or both, as provided in Section 2309 of this codeGS 3 _ � 7�' 1 Bus INES.S OIL S . 2317 S . 2317 CONTINUING- VIOLATION. Each and every day activities are conducted or carried on without the required permits and/or without the payment of he fees required hereunder', shall constitute a separate offense .v&53-/u. S . 2318 GROUNDS FOR REVOCATION OF PERMIT. Any permit issued by The city pursuant to the provisions of this chapter may be revoked by the oil field superintendent upon finding: ( 1) A permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions of the permit; or (2) That permittee has failed or neglected or refused to comply with or abide by, or has in anyway 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 con- nection with or incidental to his conduct of oil operations; or ( 3) If any of the permittee 's operations or the continuance 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 (4) Any of the permittee 's operations or the continuance thereof upon the premises covered by the permit. constitutes a public nuis- ance as described by this code in Article 238; or (5) If permittee shall have made any willful misrepresentation of facts in any application for any such permit, or in any report or record required by this code to be filed or furnished by permittee . �/ Cl l.,S7-/7o S . 2319 EFFECT OF SUSPENSION OR REVOCATION OF PERMIT. No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspen- sion thereof or after the revocation thereof, or pending a judgement of the court upon any application for writ taken to review the de- cision or order of the city in suspending or revoking such permit; provided, however, that nothing therein contained shall be con- strued to prevent the performance of such operation as may be neces- sary in connection 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 necessary for the safety of persons(/(,S'�-�' �l � J A TLE 232 jIC.2 0 3---5G� 53 ���� BOND AND INSUR./�ANCE S . 2321 EXISTING WELLS . EXCEPTIONS FOR PRESENT BONDS . Except as o . oi 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 article shall be filed for each well drilled prior to said. effective date of this chapter, which has no.t been "abandoned." prior to said effective date in accordance with the standards and laws of the State of California and the require- ' ments of the Huntington Beach Ordinance Code . �. � _a� Y g �8�:1�03'��,�jG53 �� S . 2321. 1 OIL BUSINESS S . 2321.1 New Wells . A bond or bond rider in the form required by his ar icle shall accompany every applicat ' n for dril- ling l 203 -S/��� I'b53 S . 2322 BOND FORM. Bonds or riders to existing bonds shall be on forms approved by the City At rney and shall led with the Department of Oil Field Control{/2o3 - 516� /&S 3 -��� S . 2323 SINGLE BONDS . Corporate surety bonds in the penal sum of Five Thousand Dollars ($5,000) shall be required . The bonds shall be executed by the operator as principal and by the auth- orized surety company as surety and conditioned that the principal named in the bond shall faithfully comply with this chapter and any other ordinance of the City of Huntington Beach, or of the Division of Fire Prevention of the City of Huntington Beach, which ordinance, law, rule or regulation in any manner pertains or applies to any of the principal 's oil operations . Compliance by the principal named in the bond shall include compliance to any and all provisions, amend- ments and changes in the Huntington Beach oil Ordinance regularly adopted . The bond shall secure the City of Huntington Beach 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 chapter. 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 corporate 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 provisions for termin- ation of liability as set forth in any ordinance of the City of Hunt- ington Beach. 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 mai a' e _�io �;�� ,5/`rf(�3'`�?� S . 2324 SUBSTITUTION. A substitute bond may be 1 ed in lieu of the bond on file hereunder and the Department of Oil Field Control shall accept and file the same if it is qualified in a pro- per form and substance and the bond for which it is substituting shall be exonerated . Substitution shall be allowed only if the Department of Oil Field Control and the City Attorney find that all of the con- ditions of the aforementioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditio}n d . ,(oS3`11 S . 2325 BLANKET BONDS . Any operator may, in lieu of filing a single bond. on each well, as required by the foregoing, file a bond in the amount of Twenty ive T ousand Dollars ($25,000) if he has more than five (5) wells /o2b3 5 �, IOS3-J l,1, S . 2326 DEFAULT IN PERFORMANCE OF CONDITIONS . NOTICE TO BE GIVEN. Whenever the Department of Oil Field Control finds that a default has occurred in the performance of any requirement or con- dition 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 per- iod of time deemed by the Department of Oil Field Control to be reas- sonably necessary for the completion of suchwork. After receipt of BUSINESS OIL S . 2327 i such notice, the surety shall, within the time therein specified, either cause or require the work to be performed, or failing there- upon, shall pay over to the Department o.f Oil Field Control the es- timated cost of doing the work as set forth in the notice . Upon receipt of such monies, 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 reg- ulations of the Division of Oil Gas, such additional money may be demanded from the surety as is necessary to rest the drill site i conformity with the regulations of this chapterQ o,3 _5%t,1 /& 5'3-%�.7/ S . 2327 EXONERATION. When the well or wells, covered by said bonds have been properly abandoned in the conformity with all regulations of this chapter, and in conformity. with all regu- lations 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 i of a satisfactory substitute bond, the bond issued in compliance with the regulations shall be terminated and-cancelled and the s ety re- lieved of all obligations thereunder. S . 2328 INSURANCE REQUIREMENT. All oil operators , drilling con- tractors and well-serving companies doing business within the city limits of Huntin ton Beach, shall file with the oil field department within ninety (90) days after the effective date of this chapter, a certificate of insurance, with the City of Huntington j Beach named as an additional insured, and in the following values: i $50,000 property damage $100,000 and $300,000 personal liabi It RTICLE 233 2v 3- � DRILLING; OPERATION, SAFETY AND STORAGE S . 2331 ENCROACHMENT. No operator or person while redrilling, servicing, or maintaining any well drilled shall encroach j with equipment over public property lines, sidewalks , parkways , alleys or streets unless a p mit therefor has ben granted by the Depart- ment of Public Works I S . 2331.1 Derricks . All derricks and masts erected for drilling or red-r-Ming shall meet the specifications of the American Petroleum Institute Standards 4A, 14th Edition and 4D, 3 years Edition, or the equivalent thereof. 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 there- to 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 . Drilling equipment and the derrick shall be removed from the premises within thirty (30) days following the completion or abandonment of any well. If the we•11 is a producing well, then only that drilling equipment and those portions of the derrick used in the drilling of said well as support for that equipment lowered into the well must be S . 2331.2 OIL BUSINESS removed within thirty (30) days following the completion of such well. Once the well is a producing well, it shall be serviced by a portable derrick exclusively. Drilling operations shall dil 'gently pro : - cuted until the well is completed or abandoned 3- �� /6 3- `•111,� S . 2331.2 Inspection. If a well is to be drilled or redrilled with- in 150 feet of any occupied structure or street right of way, after the operating equipment is securely in place and prior to commencement of drilling, the operator will notify the Department of Oil Field Control for purpose of inspection. If an inspection is anticipated to be made during the night, weekend or holiday, the op- erator 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 of Huntington Beach ordinance have been met . The oil field superintendent shall make his inspection within a reasonable time after receiving notice from the operator. Upon completion of drilling operations the operator will notify the Department of Oil Field Control, and the de artment will make a final inspection of said drill site e V1 p �2 8'U 6/ /�03- 5�G f /G5 3- �11� S . 2332 LIGHTS . No person shall permit or allow any lights lo- cated on any oil operation site to be directed in such a manner so that they shine directly on adjacent property or, prop e rty in the general vicinity of the oil operation s ite .��(oS 3� aid;?/ S . 2333 SIGNS . 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 (2) square feet and no more than four (4) square feet, bearing the current well name, and the names and phone numbers of two pumpers or operators of said well who may be contacted during any twenty-four (24) hour period for emergency reasons . In the event there are more than two (2) producing wells on one lease- hold, it shall be sufficient if all entrances to said leasehold are posted with a sign not less than six (6) square feet bearing the name of the lease, the name and phone number of the leaseholder and/or operator responsible for said well, together with an openly visible sign on each pro ucin well designating the particular name and/or number thereof./$-/Y /ao3 ,53J.� �� 1 YJ S . 2334 SUMP OR SUMP HOLES . 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 ( 30) days from and after completion of drilling. BUSINESS OIL S . 2335 On or after the effective date of this section, no person shall own or operate, or have possession of, or be in control 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 section shall not apply to por- table sumps required by the State Division of Oil and Gas or by the Regional Water Pollution. Control Board . 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 skim pond is located; or any property on which has been located a sump or skim pond which was used or is used in connection with the operation of any oil well unless such sump or skim pond has been excavated of all foreign ma- terials and filled with clean earth to level of the surrounding terrain SlS,1.- 'q�j� /:243-/�J /6S 3-tl �O S . 2335 PRIVATE 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 re- quirements 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;: distances from adjoining and nearby property owners whose surface rights are not leased by the operator;. the purpose for which the property of such owners is or may be us d;topographical featu es ; nature of the soil; and exposure to wind -3-��40/ /loS3 - / S . 2336 DISTANCE. TIME . SOUNDPROOFING REQUIREMENTS . (1) It shall be unlawful for any person to engage in any work whatsoever on an oil operation site, which work is conducted with- in three hundred ( 300) feet of a dwelling unit, church, hospital, rest home, school, pre-school nursery, or other place of public as- sembly, 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 7: 00 A.M. and 9: 00 P.M. : or ( c) In case of emergency; or (d) Where the work being so conducted is soundproofed and such soundproofing is approved by the oil field superintendent . (2) Where operations are conducted beyond a distance of three hundred ( 300) feet from the aforementioned areas, 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 sound- proofing material, which shall be maintained in a serviceable condition and provided further that no operations outside of said enclosure, except for well logging shall be conducted ; or S . 2337 OIL BUSINESS (b) Enclose all drilling machinery used in connection with the drilling of any well with fire resistant soundproofing mater- ial and the portable drilling mast shall be so enclosed, at least on three sides, to a height of twenty (20) feet, and provided fur- ther, that no drilling operations or any work in connection with such drilling operation shall be conducted between the hours of 10: 00 P.M. of one day and 6: 00 A.M. of the following day, except only that cir- culation of fluids and well logging may be continued during such time . The superintendent may allow operations in connection with dril- ling or redrilling if in his opinion that portion of the operation does not create excessive noise such as cementing, 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 Section 2309 of this code . ( 3) It shall be unlawful to do any work in connection with pulling a well between the hours of 9: 00 P.M. and 6: 00 A.M. within two hundred (200) 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 done immedi- ately. (4) Notwithstanding the above , no person shall operate any oil well or any other installation, facility or structure re- lated to oil production in a manner that would create a noise or vi- bration detrimental to the health, safety or welfare of the surround- ing neighborhood . Such ;eration is hereby dec ed to constitute a public nuisanc<� Wo _ �'203-5�� l S . 2337 ACCESS TO WELL HEAD. On all wells at all times there shall be connected a minimum of two (2) feet of two (2) inch A.P. I. schedule 40 pipe with a steel valve to the casing for the pur- pose of bleeding off casing pressure and for hookup to inject -water, mud, or cement in order to kill the well during an emergency 1(053. ��� S . 2337. 1 Blowout Prevention. In all cases, protection shall be provided to prevent blowout during drilling, pulling, redrilling, assisted recovery and abandoning operations as required by and in conformance with the requirements of the State Division of Oil and Gas and the safety orders fop-)drilling and prod tion of the State Division of Industrial Safetyc /t)1 - 54.O/ It.5-3-.�(, S . 2337.2 Cellars . The following regulations shall apply to cellars: � 1) Every cellar shall be constructed in accordance with the tniform Building Code, as adopted by the City Council of the City of Huntington Beach. (2) Such cellars shall be kept covered, free from water, oil drilling fluids, rubbish, debris , or other substances which might constitute a hazard, except during drilling and servicing operations . BUSINESS OIL S . 2337.2 (3) (3) The depth of such cellars shall be the vertical meas- urement between the lowest point of the floor area in the bottom of:' such cellar and the lowest point of ground or any surface adjacent -- to the top of the cellar wall. (4) All multiwell cellars exceeding three ( 3) feet in depth and twenty-five (25) feet in length shall have two �2 separate means of exit or entrance . If the cellar exceeds fifty (50� feet in length, one of the means of entrance or exit shall be a stairway. If the cellar exceeds two hundred (200) feet in length, a third means of entrance and exit shall be provided . (5) Multiwell cellars shall have a steel grate or cover- ` ing with no unobstructed openings in excess of three ( 3) i es . � � -3_�1 S . 2337. 3 Setbacks. All wells , tanks, including replacement tank; , and permanent structures, installed after the effective date of this chapter, shall be set back a minimum of twenty-five (25) feet from the street right of way and all future street rights of way, as depicted on the city' s Master Plan of Streets and Highways, or any precise plan of street alignment, and shall conform to Article 968, titled , "Combining Oil Districts , " of the Huntington Beach Ordi- nance Code . With the exception of pumping jacks, existing oil production equipment, over forty-two, (42) inches high, including storage tanks, that are presently located within the safety-sight angle at street intersection rights of way or future rights of way, as depicted on the official city Master Plan or any precise plan of street alignment, will be J relocated to comply with the required setbacks within one year after the effective date of this chapter. The safety-sight angle shall be triangular formed by measuring tw' nty- five (25) feet along the front and exterior side lot 1 es of a c rner lot and striking a hypotenuse between the two points . /6,rJ - :! V', S . 2337.4 Fences . All leaseholds or drill sites shall be fenced according to one of the following requirements or attended twenty-four (24) hours a day by an adult: ( 1) Individual Drill Sites . All individual drill sites, with oil well production equipment having external moving parts haz- ardous to life and limb shall be enclosed by a chain link fence or similar type of a height not less than six (6) feet . (2) Approved Drill Site and Drilling Island . An approved drill site or drilling island may be enclosed by a fence on the bound- ary lines of said drill site with a height of not less than six (6) feet . If the fence is of a block wall type, or similar permanent na- ture, the gate opening into the drill site shall be a minimum of twenty (20) feet in width (3) Leasehold . A leasehold may be fenced on the perimeter boundaries of s 'd leasehold with a hain link fence , or a type of similar nature 3 S . 2338 OIL BUSINESS S . 2338 INSTALLATION, OPERATION, AND SOUNDPROOFING OF OIL FIELD RECOVERY HEATERS . The following conditions shall be met for the installation and . operation of an oil field recovery heater: (1) All oil field recovery heaters shall have a valid State of California "Permit to Operate " and shall be equipped with and operated by safety controls which monitor certain essential op- erating conditions of the automatically controlled fired boiler and which shall shut down the boiler automatically and require manual restart when any of the essential conditions vary from certain pre- scribed limits . An emergency shutdown switch shall be installed a minimum of fifty (50) feet from the oil field recovery heater and shall be identified as such by a sign with a minimum "3" letter . (2) Separation between oil field recovery heaters from residential, commercial, and public assemblage buildings shall be as follows: (a) Oil fired recovery heaters - five hundred (500) feet . (b) Gas fired recovery heaters - three hundred ( 300) feet . Where enclosed by a six (6) foot high six (6) inch block wall, the setback may be reduced to fifty (50) feet . (c) All oil field recovery heaters will be set back a minimum of fifty (50) feet from any oil storage tank, well head or" public right of way. (3) Where an oil field recovery heater is. operated within an occupied residential area the heater shall be shielded with a fire resistant, soundproofing material so that the sound level at the nearest residence can be maintained at the average twenty-four (24) hour ambient level existing when such heater is not in operation; however, the fire resistant soundproofing shielding would not be required if the residential ambient sound level mentioned above can be maintained by other means . (4) 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 a six (6) foot high chain link or block-wall fence complete with two (2) 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 (1) foot or covered and/or wrapped with a minimum of one ( 1) inch thick approved asbestos pipe insulation. (5) An application for a permit to install and operate an oil field recovery heater shall be made to the oil field super- intendent who shall inspect the site and specify the location, set- up, 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 complying with Section 2311.4 of this code . Approval by the oil field superintendent does not relieve the applicant of the re- sponsibility of securing a . ional permits as required by other de- partments within the city. (a53_��j�� BUSINESS OIL S . 2338. i S . 2338.1 Use of Power Motors . All power motors used for oil op- erations shall be located on the oil operation site when in operation, and shall be equi9fed with an xhaust muffler to pre- vent excessive or unusual noise(j�1.�3 - � � S . 2339 FIRE PREVENTION SOURCES OF IGNITION. All electrical equipment used, installed or maintained within fifty (50) feet of a drilling rig, within twenty-five (25) feet of a producing well, within the diked area or within twenty-five (25) feet of any oil tank, within any oil or testing laboratory, within any pumping sta- tion, absorption plant, refinery or other oil installations shall be installed and maintained in accordance with regulations of the Calif- ornia Electrical Safety Orders, Article 22, Hazardous Locations, Class 1, Division 2, which are hereby adopted, and by reference made a part of this code as though set forth fully herein. No stationary internal combustion engine, storage tank, boiler, pass through boiler, staem generator, direct fire heater, gas or oil burn- ing device, spark producing device or other open flame shall be lo- cated closer than twenty-five (25) feet from a producing well head . During drilling operations no internal combustion engine or non- explosive-proof electric motor on an adjoining oil well shall be in operation within fifty (50) feet of drilling operations . Internal combustion engines used in drilling a production units shall be exempt from these regulationsC(O53- 1�7� S . 2339.1 "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 (4) inches in height, with readily visible locations approved or designated by the Fire Marshal. Such sign lettering sha be in red on a w ite background, or in white on a red background 2 e3 - i /&53-? � S . 2339.2 Oil Storage Tanks . All tanks installed after the effec- tive date of this chapter used for the storage or produc- tion of oil, or the disposal of waste water shall conform to the fol- lowing requirements and specifications and be placed in the following location .with respect to other structures and property, or lease lines: - (1) A.P.I . Specifications . All tanks shall conform to A.P. I. specifications within one (1) year after the effective date of this chapter, unless other .specifications are approved by the oil field superintendent. ti (2) 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 structure on any pre- mises in this city, whether such interest is as operator, principal, agent, servant, employee, or otherwise, shall cause, allow, or permit any such tank or similar structure to be constructed, erected, main- tained or permitted to remain upon such premises unless said tank or structure is at all times composed of sound, structurally safe mater- ials which are free from rot, rust and structural defects . S . 2339.2 ( 3) OIL BUSINESS (3) Safety Walls . Within six (6) months after the effec- tive date of this chapter, 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 . The capacity requirements- of} safety walls or berms around tanks shall be one hundred percent ( 100/) capacity o the two largest tanks in- side said safety walls or berms /(pS3- :�71 S . 2339.3 Removal of Wooden Construction. Within six (6) months after the effective date of this chapter, all wooden pro- duction equipment, including walking beams and storage tank stairways and walkways, except wooden cellar coverings, shall be remov and replaced with suitable metal or noncombustible constructionS.3-V7� S . 2339.4 Pulling Masts and Gin Poles . Removal Of. All well ser- vicing equipment or portable pulling masts or gin poles shall be removed from the lease or property and returned to the ser- vice yard _ ' thin seven (7) days after completion of well servicing operation ,1 Zp3 = 5/ (o 3 S . 2339.5 Service Yard.s . Every owner, operator, oil compamy, 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 manufacture 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 e provisions of D' J ion 9 of the Huntington Beach Ordinance Cod . /-203 S . 2339.6 Pulling ine Stripper. All pulling or bailing wire line shall be adequately stripped and other precautions taken to prevent fluid from being carried on the line over the block to prevent sp ying adjoining hous s, building, streets, sidewalks or property. BUSINESS OI-L S . 2340 4 ARTICLE 234 CLEAN- UP AND MAINTENANCE ixo3 - -/ 7) S . 2340 CLEAN UP AFTERWELL SERVICING, mmediately after com- pletion of well-servicing or abandonment operations 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 damage to , blic property ca ed by such servicing or abandonment operationsF / Zn3 -S�`�� f(,53" j� S . 2340. 1 Clean Up After Spills , Leaks , 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 sp,,ill, leak or mal- function, be it public or private property( 1 1,5 j. Y) S . 2340.2 Releasing of Fluids . No person shall deposit, place, discharge or cause to be placed, deposited or discharged any oil, naptha, petroleum, asphaltum, tar, hydrocarbon substances , or any kindred substances or any water mixed with any such substances or any refuse from any oil well or the contents of any sump hole or other container used in connection with an oil well in, into, or upon 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 irri ating ditch or storm drain or sanitary drain or sew- er of this city(jtoS3_'? � • S . 2340. 3 Seismic Petroleum Pros ectin . Seismic petroleum pros- pecting, p p pecting, including the vibroseis and dinoseis methods , is prohibited in all areas of the City of Huntington Beach. S . 2341 OIL WELL MAINTENANCE. Any person operating an oil well within the City of Huntington Beach shall keep the oil operation site on which said 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 s}}.te painted and main- tained in a clean, neat and sanitary condition.C'(oS3 ./y S . 2342 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 neighborhood (&1Y-J_-1�7) S . 2343 GAS EMISSION OR BURNING PROHIBITED. No operator shall allow any gases to be vented. into the atmosphere or to be burned by an open flame unless otherwise provided by law 11toS3J�) S . 2344 WALL AND GATES REQUIRED. No person owning, having posses- sion of or in control of any oil operation site in the city shall maintain or allow to exist in connection therewith any moving parts of operating machinery in use or intended to be used at such oil well site, including all drilling or production equipment, unless such machinery and moving parts, is entirely enclosed by a minimum six (6) foot high decorative masonry wall with a gate for ac- cess, except that upon filing an application to the Commission for administrative action, the Commission may approve the use of substi- tute materials which, for safety reasons, shall be at least as secure as a chain link fence . The Commission may condition h approval. , 7/203-/&i /653 - �� S . 2344. 1 OIL BUSINESS S . 2344.1 Within four years of the effective date of this chapter, the operator of the oil operation site shall construct a minimum six (6) foot high decorative masonry wall with a gate for access, said wall to be constructed - entirely around said oil opera- tion site, except that upon filing an application to the Planning Commission for administrative action, Commission may approve the use of substitute materials which, for safety reasons, may be at least as secure,,as a chain link fence . The Commission may condition such approve S . 2344.2 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 in unattended, " S . 2344.3 Access . There shall be nomore than one point of ac- cess to any oil operation site for each street upon which said site may front unless an additional access point is approved by the Board of Zoning Adjustments upon application for administrative review(.116.-53 S . 2345 LANDSCAPING REQUIRED. Within four years from the date of this chapter, all front setbacks and exterior side yard setbacks of areas which are created by the placement of a wall required by Section 2344 shall be landscaped and permanently main- tained . All landscaping provided pursuant to this section shall be approved by the Board of Zoning Ad.jus tments , ��17) S . 2346 AUTOMATIC SPRINKLERS PROVIDED. Within four years from the date of this chapter, 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 Boa d of Zoning Adjustments upon application for administrative review. /6S -"�1/7� S . 2347 BURIED PIPELINES . No person or persons shall lay or maintain any pipeline whatsoever leading from any oper- ation site that is not entirely buried beneath the ground surface( -3_ 1/I S . 2348 The requirements of Sections 2344.1, 2345, 2346 and 2347 are subject to the following: (1) 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 year upon ap- proval of such application. The Department of Oil Field Control shall submit a written report and recommendation 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 referred to sections shall not cause the oil operation site to be incompat- ible with the surrounding area for the period of such extension. Such application may be conditionally approved and the time for con- formance may be extended for an additional one year period provided requests for each such extension are received before determination of the preceding one year period Each such extension may be conditional. , BUSINESS OIL S . .2348 (2) (2) The Board of Zoning Adjustments , upon application for a use permit filed. by the oil operator, may extend the above per- iod for conformance of any one or more of said. sections for a per- iod of two 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 incompatible with surrounding areas for the per- iod of such extension. The Board may condition such use permit(�6 S-_ 3/71 S . 234 FAILURE TO COMPLY. Failure to comply with the time per- iod set out above in Sections 2344.1, 2345, 2346 •and 2347 shall be hereby declared and deemed to result in a public nuis- ance upon the oil operation site whereon such failure occurs, and may be abated. as such by appropriate civil or criminal action(-/ l7 j S . 2351 OIL BUSINESS ARTICLE 235 WASTE WA TEIR ,SYSTEM (o'er 3 ) r S . 2351 WASTE WATER SYSTEM. For the ose of handling industrial wastes from oil and gas wells including waste water and brine, the oil field department shall issue a sewer connection per- mit to deposit such waste water and brine into the sanitary sewer system of this city, provided such industrial waste does not con- tain more than two hundred 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 of California; and provided further that such in- dustrial wastes be handled through a clarification system approved by the Department of Oil Field Control. Insofar as the provisions of Article 314 of the Huntington Beach Ordinance Code relate to oil matters, where inconsistent with the provisio of th' Chapter 23, the provisions of Chapter 23 shall prevail j(,S - S . 2352 APPLICATION FEE. A verified application for such sewer connection permit shall be filed with the Department of `Oil Field Control tog e her with a fee of One Hundred Dollars ($100) per sewer connection S . 2352. 1 Contents of Application. Property Description. Said application shall contain a description of the property upon which said water or waste water is located, the name of the owner of the property, the point where the water will be discharged ' into said 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 systems6���'������ S . 2353 EASEMENTS . PROMISE TO INDEMNIFY. If said waste water is to be conducted over private property other than the oil leasehold belonging to persons other than applicant, written permission from the owner or owners of said property together with an agreement on the part of the applicant to indemnify and hold. harm- less the city and its officers and employees from any liability ac- cruing to this city, its officers or employees on account of the granting of said application shall be presented with th applic tion, subject to approval of the Office of the City Attorney. )(,s3-` )' S . 2354 PERMITTEE TO PAY COSTS . All costs incurred by the pper- mittee and all damages to city property by reason of permittee connecting to or closing out any of his conne,p�tions to city property shall be at permittee 's sole cost and expense/' b$3'1 '1) S . 2355 GATE VALVE. The discharge line shall have a gate valve, located at the point of discharge, capable of being locCe•d . (_4�3 �X7 1� BUSINESS OIL s . 2356 S . 2356 RULES FOR LAYING DRAIN PIPE TO SANITARY SEWER. The drain from the clarifier 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 per lineal foot to a point on the line where an elbow may be placed from whence the said drain shall descend. to the "Y" on said sewer at an angle of ninety (90) degrees . All drains connected with the sewer shall be-. of vitrified salt-glazed sewer pipe of the best quality and of not less than four (4) inches in internal diameter; all joints therein shall be neatly made with Portland cement composed of one part of said cement and two (2) parts of clean sand., and said joints shall be carefully swabbed out; all work must be left uncovered until the same has been properly tested and inspected . All changes in drain pipe must be made with one-eighth bends of "Y" and one-eighth bend; "T 's " 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 proper vented .. /�S3- IX9 S . 2361 OIL BUSINESS ARTICLE 236 ID WELLS �- S . 2361 An oil well shall bean idle well in the following sit- uations: ( 1) If it produces less than twenty (20) barrels of crude oil or other hydrocarbon substances or less than 100,000 cubic feet of gas for sale, lease use, or storage within any ninety (90) consecutive day period commencing on or after the effective date of this chapter; or (2) If production thereof of oil, gas, and other hydro- carbon substances has ceased with intent of the operator, and./or well owner to cease production permanently. (3) Injection or disposal wells shall not be deemed idle pursuant to the above subsections (1) and (2) . S . 2362 PRODUCTION REPORTS . The operator of any well shall file with the oil field department, during the first thirty (30) days of each quarter, for the last preceding calendar quarter, a statement in such form as the oil field superintendent may designate, showing: ( 1) 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. (2) The number of wells drilling, redrilling, producing, idle, and owned or operated by such person. ( 3) 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 . (4) Oil operators and/or buyers of gas from wells in Huntington Beach shall be required to meter such gas for inspection and re 'ew by the oil field superintendent when the latter requests same . /�S3,ao0> S . 2362.1 Fai/lure to Report Production. Failure to report produc- tion as required by the above provision, shall consti- tute a misdemeanor and subject the parties iling o report, to the provisions of Section 2309 of this chapterL11 53-1►4 1 S . 2362.2 False Reports . Filing a false, fraudulent, or intention- ally inaccurate report shall constitute a misdemeanor punishable by f' e, impri�nment or both as set forth in Section 2309 of this chapter ,�53 =l•'1 S . 2363 REMOVAL OF IDLE EQUIPMENT. When a well is determined o be an idle we pursuant to Section 2361 of this code, • the surface area of said well site shall be cleaned pursuant to the following: BUSINESS OIL S . 2363 ( 1) (1) Notice shall be sent by the oil field superintendent, by registered. or certified mail, to the owner of the fee simple inter- est in the land on which such well is situated as shown on the last equalized assessment roll, and to the owner of the mineral rights on which such well is situated as shown on the last equalized asses- sment roll, and the operator 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 activated unless the requirements of Article 237 of the Huntington Beach Ordinance Code are adhered to and. satisfied . (2) Content of Notice . Said 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 wel=: is deemed to be an idle well as defined by Section 2361 of this code . The notice shall constitute a "Notice to Abate a Public Nuisance" pursuant to Section 373(a) of the California Penal Code . ( 3) Within ninety (90) days after said 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 requirements: (a) The derrick and all appurtenant equipment thereto existing above the surface of the ground level shall be removed from . the drill site . (b) The drilling and production equipment, tanks , towers and other surface installations shall be removed from 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 including debris, junk, unkempt and accumulated. piles of miscellaneous 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 installed; which shall be locked. in a closed position. (4) The time period. provided for compliance herein shall . be suspended from the date an appeal is filed pursuant to Section 2304 of this code, until final decision is rendered. on said appeal. (5) Wells Producing Gas Only. Within ninety (90) days of the effective date of this chapter all operators with wells pro- ducing gas only, shall remove all equipment unnecessary for the production of gas from the operation site . S . 2364 OIL BUSINESS _ 236 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 conformity with the regulations of this code, including the following requirements: (1) Well Requirement. The responsible party shall fur- nish the superintendent with: (a) A copy of the approval of Division of Oil and Gas, Department of Natural Resources, confirming compliance with all aban d.onment proceedings under the state law; and (b) A notice bf intention to abandon under the provis- ions of this section and. stating the date such work will be commenced . Abandonment may then be commenced on or subsequent to the date so stated- (2) Surface Requirements . Abandonment shall be approved by the superintendent after restoration of the drill site and the sub- surface thereof has been accomplished in conformity with the following requirements: (a) The derrick and. all appurtenant equipment thereto shall be removed. from the drill site . (b) All tanks, towers and. other surface installations ' shall be removed from the drill site . (c) The oil well casing shall be cut off at bottom of cellar, and if there is no cellar, six (6) feet below the d.rill 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 superintendent and by him found to be in compliance with all applicable provisions of law. (d) All concrete, pipe, wood and other foreign mater- ials shall be removed from the drill site to a depth of six (6) 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.. i (e) The top twenty-five (25) feet of the remaining cas- ing, including the annulus , shall be filled with a cement plug . (f) A steel cap of not less than the same thickness of the casing shall be welded. to the casing around the entire circum- ference of the well casing. (g) All holes and. depressions shall be filled and. packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site . ( 3) As to wells abandoned prior to the effective date of this chapter, before construction or improvement work is to occur on the for- mer oil leasehold r drill g ' te, the surface requirements of this sec- tion shall be met _�q�1�9 BUSINESS OIL S . 2371 ARTICLE 237 NUISANCE ABATEMENT I (oS3-it/9)THEREAS, S . 2371 DECLARATION OF U-TSANCE. oil well structures , and appurtenances which abound in the City of Huntington Beach, are unsightly and impair the scenic beauty of Huntington Beach; and The conditions on or about oil well sites often constitute a hazard to the health and safety of the public; and Such structures and equipment are often left dormant and idle; and The existence of these and other similar unsightly conditions is within the common knowledge of those persons who live in and travel through the city and view its various areas; and These conditions have a considerable detrimental effect on a substan- tial number of other properties including, but not limited to pollution and diminution of surrounding property values; and Huntington Beach is one of the fastest-growing cities in the nation, is continuing to grow at a rapid rate , and, in addition, said city attracts five million visitors per year, and therefore , the afore- stated conditions will detrimentally involve a growing number of people and property in the city; and . The abatement of such conditions will enhance the appearance and value of the blighted properties and, abatement of such conditions will also appreciate the value and appearance of residential prop- erties in the general area, and ultimately will improve the image of Huntington Beach as a city of beauty and progress; and The abatement of these conditions is in the best interest of the health, safety, morals and general welfare of the citizens of the City of Huntington Beach. Now, therefore, the oil field superintendent shall compile lists and descriptions of such property on and about the area upon which there exists 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 san- itary condition, and/or idle wells and equipment, deteriorating and defective structures , all of which constitute, and are hereby further declared to constitute , a public nuisance . The creation and/or main- tenance of a public nuisance hereunder hall constitute a violation of the Huntington Beach Oil Ordinance S . 2371. 1 Upon completion of the aforementioned lists and descrip- tions of lots , the oil field superintendent shall mail or serve a notice to abate a nuisance on the property owners , and/or lessees of sur ce or m' eral rights , and/or oil operators or occu- pants thereon �� _/ � S . 2371 .2 OIL BUSINESS S . 2371 .2 Form of Notice . The notice is to be sent by the oil field superintendent and shall be as follows: Notice is hereby given that pursuant to Chapter 23 e of the Huntington Beach Ordinance Code, the City Council has declared conditions such as those on the property at to constitute a public nuis- ance, 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, re- fuse, etc . , are removed, and shall constitute a lien upon such land until paid . All those notified who have any objections to the pro- posed removal of the above material are hereby noti- fied to attend the meeting of the Huntington Beach City Council in the Council Chambers of City Hall on the day of , 197 , when such objections shall be heard and given due con- side ration Q,,s3- / 71�) S . 2371 . 3 Hearing and Resolution. Upon termination of the hearing, the City Council, if it finds a nuisance, shall pass the appropriate resolution, directing action on said lots , which res- olution 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 , 197 NOW, THEREFORE, it is ordered that the oil field superintendent abate the nuisance and assess the cost to those responsible for the property as per the above lists, as approved jGS3_II1�1 S . 2371.4 Work. Costs Report . Hearing on Assessments . Reso- lutions . (1) The lot-cleaning work shall proceed under the di- rection of the oil field superintendent and may be done by city forces or private contractor. (2) The individual in charge of the work shall keep a record and account of the costs of abatement . (3) Upon completion of the work, a report shall be sub- ' mitted to the City Council and a hearing date set . BUSINESS OIL S . 2371.4 (4� (4) The parties to be assessed shall receive by mail fifteen (15) days prior to the hearing, the following notice to be . sent by the City Clerk: NOTICE IS HEREBY GIVEN that on the day of , 197 , at the hour of p .m. , in the Council Chambers , 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 pro- posed sum to be assessed against the following-des- cribed 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 with the City Clerk any time prior to the time set for such hearing on said report . Each such protest shall contain a descrip- tion 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 (5) A copy of the work-and-costs report of the oil field superintendent shall be posted for at least three ( 3) days prior to its submission to the City Council on or near the bulletin board on the front entrance of the Finance Building with notice of the time of submission. (6) Upon completion of the hearing, the Council shall resolve accordingly as follows: RESOLVED by the City Council of the City of Huntington Beach that pursuant to Resolution No . of the City Council of the City of Huntington Beach, adopted on the day of , 197 , the oil field superintendent of the City of Huntington Beach caused the abatement of the nuisance by cleaning the lots indicated on the final list, attached hereto and by reference made a part hereof; and The oil field superintendent has filed with the Clerk of the city a report of such work; and Public hearing was held by this Council on the day of , 197 , at the hour of p .m. , in the Council Chambers , City of Huntington Beach, after notice duly published and mailed in time, form and manner required by law; and S . 2371.4 (7) OIL BUSINESS This Council has acquired jurisdiction to order confirmation of the proposed assessments; NOW, THEREFORE, the City Council of the City of Huntington Beach does ' hereby find, determine and order as follows: (a) The report of the oil field superintendent is hereby confirmed . (b) The sum of money listed as the costs of abatement, as indicated on the attached lists and incorporated herein, shall constitute a lien for the amount of such assessment . (c) Notice to pay such assessment shall be sent to part- ies liable to be assessed . ( d) 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 con- troller 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 collected 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 foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes . (7) No property owner shall be held liable for the cost of nuisance abatement unless said owner is also conducting oil oper- ations 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 effectuate work thereon, the cost of nuiCAmounts ce abatement thereon shall be assessed only against such leaseholderS . 2371.5 Received . The oil field superintendent may re- ceive the amount due on the abatement costs and issue receipt any time after the passage of the forego in resollAtion and until thirty (30) days before taxes are collected . )bS3-11_/. S . 2371.6 Notice to Pay Assessment . The notice to pay assessment referred to in subparagraph (6) (c) of Section 2371 .4 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 a lien on said property until the sum has been paid in full and dis- charged of record . ' BUSINESS OIL S . 2371.7 J The real property upon which a lien is claimed is that certain parcel of land lying and being in the City of . Huntington Beacl-i , County of Orange, State of. California, and part:i.cularly described as follows: (DESCRIPTION) DATED: 3 -�%� Oil Field Superintendent C/�5 .S . 2371.7 Paid Assessments . If the monies for assessments are paid, when received by the Finance Department, said department shall issue receipt therefor and inform the county auditor to remove said assessments from the tax roll in accordance with payment received .t� l(�S3 -l1 S . 2371.8 Notice of Lien.. Form. The notice of lien, referr A to in subparagraph (6) (d.) of the resolution contained in Section 2371 .4 of this code shall be as follows: 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 S . 2372 OIL BUSINESS S . 2372 ADDITIONAL REMEDIES . As to any lots or property declared to be a nuisance hereunder, the City Attorney of the City of Huntington Beach may proceed to abate the same by filing a civil • action to abate a nuisance a 'nst the wners , or oil operators , or lessees or occupants thereon. � S . 2379 SEVERABILITY. If any section, subsection, sentence , clause , or phrase of this chapter is for any reason held to be in- valid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the chapter. The City Council of the City of Hunt- ington Beach hereby declares that it would have passed this chapter and each article, section, sentence, clause or phrase thereof, and any amendments or revisions thereto, irrespective of the fact that any one or more sections, subsections, sentences , clauses or phrases , or amendments, or rev�;sions thereto may be declared invalid or uncon- stitutional ��53_►�i,l BUSINESS OIL S . 2391 ARTICLE 239 ACTIVATION OF NONPRODUCING OIL WELLS 1559- 70 S . 2391 ACTIVATION OF IDLE WELLS PROHIBITED. No person or operator shall activate or put into production an oil well within the City of Huntington Beach after notice has been given that such well is deemed to be an idle well pursuant to Section 2363 of this code, or any well whose drill site has been cleaned and restored in accordance with such Section 2363, unless an activation permit s \ been first obtained pursuant to the provisions of this a.rticl S . 2392 ACTIVATION PERMIT REQUIRED. The operator of any well subject to provisions of this article 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 cleared and restored, as required by Section 2363 of this code, such application shall be filed within twenty (20) days after the date of notice given pursuant to Section 2363 of this code, or within twenty (20) days after determi- nation of appeal therefrom taken under Article 238 of this code, or within twenty (20) days after the effective date of this ordinance, whichever last occurs. In the case of any well whose drill site has been cleaned and restored, as required by Section 2363 of this code, e appl' ation for permit under this article may be filed at any time �S-S-g y7 S . 2393 APPLICATION FEE. No permit application shall be accepted by the Department of Oil Field Control unless a permit appli- cation fee in the sum of Fifty Dollars ($50.00) , payable to the City of Huntington Beach, is paid wpen such application is presented for filing. Such fee is not refundable ASS�_ S . 2394 REFERRAL. Upon receipt of such application and fee, the Department of Oil Field Control shall refer the application to the Board of Zoning Adjust m is of cit and shall transmit the fee to the city Finance Depa.rtmen . �S S'�-Y�jo S . 2395 REPORT AND RECOMMENDATION OF OIL FIELD SUPERINTENDENT. Within ten 10 days after such application is filed, the Oil Field Superintendent, or his representative, shall investigate -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,/,S -7-� �4) J S . R396 OIL BUSINESS S . 2396 ACTION BY BOARD. The Board of Zoning Adjustments shall have authority -to approve, conditionally approve or deny the application for permit . However, 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 well 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) That prior to the approval or conditional approval of such appli- cation, applicant has complied with and completed all applicable provisions of Article 968 of this code with respect to the prop- erty on which such well is located , notwithstanding the noncon- forming oil operation provisions contained therein. Applicant shall submit a plot plan to the Board, showing that the oil opera- tion and property comply with such applicable provisions of Article 968 of this code . (c) The applicant is not in violation of any provision of the Hunting- ton Beach Ordinanc ode at the time said application is acted upon by the Board C/!S-S5 _``�n) S . 2397 TERMINATION OF APPLICATION. The application shall be deemed denied ninety . 90 days after. the date of its filing. The Board may extend the period of time in which action may -be takes on the application for one (1) additional ninety (90) day period ./,��Sc�_�//?o� S . 2398 CONDITIONS . The Board of Zoning Adjustments may impose any conditions which it may deem necessary to insure compliance by the operator ith the provisions of the Huntington Beach Ordinance Code . 155°1-`1?0 S . 239 ISSUANCE OF PERMIT. 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 erewl!it , or give notice to applicant of the denial of such permit . S . 2399. 1 Revocation of Permit . The Oil Field Superintendent shall revoke any permit for activation of idle well granted under this article when the Board of Zoning Adjustments, after notice and hearing as provided by this article, has found the following: ' (a) That the operator of said idle well is in violation of the Huntington Beach Ordinance Code (neither prosecution nor convic- tion is necessary to such finding) ; or (b) That the operator does not have, paid and in force, all licenses and/or permits for such well as required by this code; or (c) That the operator of said idle well has failed to comply with any of the conditions attached to the permit; or BUSINESS OIL S . 2399. 1 (d ) (d ) That the idle well has not commenced production within ninety (90) days following issuance of permit; or (e) That the well for which the permit was granted continues to be or becomes an idle well, as defined in Article 233 of this c(/ I S . 239g.2 Hearing . No permit issued under this article sha.le revoked without a, hearing being first held by the Board of Zoning Adjustments after ten 10) days written notice of such hearing to the operator of such well /S S . '399. 3 Notice of Revocation . When the Board of Zoning Adjustments, after hearing as herein provided, determines that the permit shall be revoked pursuant to Section 2399. 1 of this code, the Oil Field Superintendent. shall revoke -uch perm"t and give written notice of such revocation to the operator. /S�*j-�/� S . 239g.4 Effect of Revocation . Upon the service of notice of revoca- tion upon the operator, the operator shall 'clean and restore the drill site and surface thereof, as required by Section 236 of this code, within ninety(90) days after such notice has been serve S . 2J99.5 Appeal. Any decision made under this article may be appealec to the City Council in accordance with the procedures set forth in Sections 2383 and 2384 of this code, in the same manner as if the decision a.pp . ed from were made by the Huntington Beach Oil Field Superintendent . S . 2399.6 Severability. If any section, subdivision, sentence, clause . phrase, or portion of this article, or the application thereof to any person, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its application to other persons . The City Council hereby declares that it would have adopted this article and each sub- section, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases or portions or the app1 tion t ereof to any person be declared invalid or unconstitutional �S'o �o S . 2399.7 Penalty. Any person convicted of a violation of any pro- visicn of this article shall be punishable by imprisonment in jail for a, period not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ( 500) , or by both such fine and impri nmen /S5 J��a r ferences in this article to this�-ode o S . 2399.8 References . All _ e any section of this code include future amendments tDeTeto. (I-S-5 1—`170 BUSINESS DANCE HALLS S. 2411 CHAPTER 24 DANCE HALLS ARTICLE 241. PERMIT 242. REGULATIONS 243 . PREMISES 244. PATRONS 245. ENFORCEMENT ARTICLE 241 PERMIT Z�O'_/2.,/Z S . 2411 Duty to Revoke Perm t. In the event that any person holding a permit to conduct a public. dance hall shall violate or cause or permit to be violated any condition of such permit, or any provision of this Chapter or any ordinance relating to or regulating the maintenance, conducting or carrying on of public dance halls or shall conduct such public dance hall, or otherwise cause or permit the same to be conducted, in an illegal, disorderly or improper manner., it shall be the duty of the Council to revoke such permit in the manner hereinafter provided; and such revocation shall be in addition to the other penalties provided for a violation of any of • the provisions of this Code . (2301. J S . 2412 Hearing: Notice : Service. No such permit shall be re- voked 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 i manages or agent, or person in charge of such public dance hall �30- S . 2413 Form of Notice . Said notice shall state the ground of complaint against the holder of such permit, and shall also state the time when and place where such hearing will be had 17 30-I S . 2414 Personal Service. Said notice shall be served by deliver- ing the same personally to the holder of such permit, or to his or its manager or agent, or perso in char of such public dance hall, if either of them can be foun . 23 0 - � S . 2415 Service by Mail. 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, addressed to such holder of such permit at his place of business or residence , if known, at least three days prior to the date of such hearing, and if not known, then such copy of such notice shall be so mailed addressed to such person in the City of Huntington Beach. (230 **- ._� S . 24.21 DANCE HALLS BITiSSINESS ARTICLE 242 REGULATIONS1 Ll" S . 2421 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 per- mit 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 o 'clock A.M. of any day and 6:00 o'clock A.M. of the same day, except upon special ermission in writing, signed by the Chief of Police . (230,414VS�39 S . 2422 No person conducting, maintaining or carrying on a business, of having charge or control thereof, which permits public dancing to be allowed on its premises shall permit to be admitted on such business premises any minor under the age of twenty-one (21) years, if any alcoholic beverages are consumed , dispensed or sold on said premises, unless said minor is accompanied and under the care at all times of his parent or parents or legal guardian. (1143) -S/4S l S . 2423 It is unlawful for any minor under the age of twenty--one (21) years to enter 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 said minor is accompanied or under the care at all times in said dance h 11, of his or her parent or parents, or legal guardian. (11430 - S�S ARTICLE 243 P EMISES �32/ S . 2431 LIGHTING . It is unlawfu f-or any erson conducting, main- taining 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 electric 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 dimen- sions in the nighttime for public assemblies, before any person is admitted// hereto and before any dance or dancing is commenced therein. (230 S . 2432 MINIMUM INTENSITY OF LIGHT. The intensity of such lighting or illumination shall at no time be less than one candle - power at a, plane three feet a ove the floor of such dance hall at all parts of such hall. (230P- z1 S . 2433 CONTINUITY OF LIGHTING. Such lighting or illumination shall be maintained thereafter throughout the entire time while such dance or dancing is in progress, without a diminution and without interruption, until such dance or dan ng is concluded and until such hall is cleared and closed . (230, -f S . 2434 TAMPERING WITH LIGHTS . No person shall shut or turn off the lights or lighting, or reduce the intensity thereof below the minimum in this Article prescribed in any public dance hall at any time after sunset of any day while a dance or dancing is in progress or being conducted therein, or uri g any recess or other intermission in such dance or dancing . (230 -1����/ BUSINESS DANCE HALLS S. 2441 ARTICLE 244 PATRONS S . 2441 Allowing Children in Dance Halls . No person conducting, maintaining or carrying on a public dance hall, or having charge or control thereof, shall permit to be admitted to such public dance hall, or to dance therein, any minor under the age of sixteen years , at any time while a dance or dancing is in progress or being held, conducted or carried on therein, unless said minor is accompanied and under the care at all times while in said dance h 119 of its parent or parents or legal guardian. (230, 233f - V2Z L/Zia/ S . 2442 Children in Dance Halls . It is unlawful for any minor under age of sixteen years to enter, or to be or remain in any r 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 said minor is accompanied and under the care at all times whil in said dance hall, of his parent or parents or guardian. (Z2301 233$-1�1,� S . 2443 Allowing Disorderly Person in Dance Hall. 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, boisterous or disorderly person to enter, be or remain, or to dance in any such public dance hall. (230f S . 2444 Duty to Maintain Decorum. 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 boisterous conduct or use profanity, or other- wise conduct himself or herself in a vulgar or indecent manner in such public dan a hall or in any of the hallways leading thereto. (220, 587# -S/SZ) S . 2445 Indecorous Conduct. No person shall, in any public dance hall or at any public dance, indulge in boisterous conduct or use profanity or otherwise conduct himself or herself in a vulgar or indecent manner in such public dance hall or in any of the hall- ways leading thereto, or in any anteroom or other public room adjunctive to and used as a part or in connection with such dance hall for the use or accommodation of guests or patrons . (230, 587f -.T/ L S . 2446 Indecent Persons . No prostitute, male or female procurer, vagrant or other lewd or dissolute person who has pleaded guilty -to or-been convicted within one year, of being a vagrant, shall/ \ be present in any public dance hall or at any public dance. (230J-/,zz// S . 2447 Signing of Register. Every person seeking admission 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 public dance, register . his orhe 'true name, age and address in his or her own handwriting. (230J.-ly' S . 2451 DANCE HALLS BUSINESS ARTICLE 245 ENFORCEMENT 19307 72 ,2/ S . 2451 Violation: Fine, Imprisonment. Any person who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine or by imprisonment by both. such fine and imprisonment, as provided in this Code �3d -I2/21 S . 2452 Revocation of Permit. Upon such conviction, any permit which may have been granted to such person 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. (230?-17- S . 2453 Exemptions : Noncommercial Dances . The provisions of this Chapter shall not apply to any dance or ball given, held or conducted by any bona fide club, society, or association organized cr incorporated for benevolent, charitable, dramatic or literary pur- poses , having an established membership of persons regularly elected or admitted thereto, and which shall hold meetings , other than such balls or dances , at regular stated intervals , when the proceeds arising from such ball or dance shall be intended to be and be used for the promotion of the purposes of such club, society or association, or to any private dance or ball, held or conducted for social pur- poses 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 defray- ing the actual expenses of holding or conducting such dance or ball C__�_ g -l�� S . 2454 Public Sale of Tickets . The provisions of this Chapter shall apply to any dance or ball, other than a dance or ball of the character hereinbefore in Section 2453 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. (230-* -1 BUSINESS MOTION PICTURE THEATERS S. 2511 CHAPTER 25 MOTION PICTURE--THEATERS ARTICLE 251. -GENERAL 252. -PERMIT 253. BUILDING 254. EXITS 255. AISLES 256. OPERATING ROOMS ARTICLE 251. GENERAL S. 2511 Exemptions: ' Noncommercial Exhibitions. The provisions of this Chapter shall not apply to any motion picture exhibition or any entertainment at which motion pictures are exhibited in any room or auditorium in any $-dhool building or church, in this City which exhibition is being conducted under authority and direction of the' Council of such school or church. (152t ARTICLE 252 PERMIT S. 2521 Permit Required. o person shall hold, conduct or carry on, or cause or permit to be held, conducted, or carried on, any motion picture exhibition, or any entertainment at which motion pictures are exhibited , without a permit therefor iq writing, granted by the Council, as hereinafter provided. (152# -Z�S S. 2522 Application for Permit. Any person desiring to obtain .a permit to hold , conduct , or carry on a motion picture exhibi- tion, or any entertainment at which motion pictures are exhibited, shall file an .application in writing therefor with the Council, specify- ing 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. . (152 -Z/S S. 2523 Building Prerequisites: No permit to hold, conduct or carry on .a motion picture exhibition, or any entertainment 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, conducted or carr ed on, shall conform to the r-equirements of this Chapter. (1521 -•_ I S. 2524 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 Counc -1 shall. have granted a permit therefor, as provided in this Chapter. (152W -2/15- S. 2525 MOTION PICTURE THEATERS BUSINESS S. 2525 Inspection of -Premise-s.- Before any such permit shall be - granted by the Council, the Building Inspector and the City Electrician shall certify to the Council that they have in- spected the place where such exhibition or ,entertainment is proposed to be held, conducted or carried on, and the rooms, enclosures and equipment thereof, and that the same conform to the provisions of this Chapter. (152�-�� ARTICLE 253 B ILaING SY. — /S� S. 2531 Access to Streets. -An . room in which a motion picture exhibition or entertainment at which motion pictures are exhibited, is held, conducted or carried on, shall be on the first or ground floor, or sidewalk level, and shall front on a public street ; and the back, or rear , of such room or �e, side thereof, shall abut upon a public street or alley. (152 S. 2532 Flammable Structures. No -motion picture exhibition or entertainment shall be held, conducted or ,carried on, in a building, house, barn, shed or structure the outer surface of the walls of which are in whole or in part constructed or _built of wood or other conbustible material; and all wooden roof ^of such buildings shall be covered with fireproof roofing. (1524- 5 ) ARTICLE 254 -EXITS. , . S. 2541 Exits for Not over 100>sz Seats- .,5�)E very room in which a motion picture exhibition or entertainment is conducted which has a seating capacity of 100 persons or less , shall have at least one exit , in the rear thereof, not less than five feet wide, or two exits three feet wide, and not less than six feet and eight inches high, opening directly upon the street or alley at the rear or side of such room so used or occupied, or opening upon vacant land- under the charge or control of the manager or person in charge of such motion picture exhibition or ,entertainment and adjoining the rear or side of the building or portion thereof where such exit is located and being - not less than ten feet in width and leading and opening, without obstruction, to and upon a street or alley. (152J-`)'''5 BUSINESS MOTION PICTURE THEATERS S. 2542 S. 2542 101 to 250 Seats : .Exit -Wi:dths. Every room in -which a motion picture exhibition -or entertainment is conducted and which has a -seating capacity of more than 100 and not more than 250 persons, shall have one exit in the rear thereof, not less than six feet wide, or two exit ,\each of which shall be not less than three feet wide. (1524 -z,5 ) "' S. 2542.1 Size of Exits: /Location. All exits shall be not less than six feet eight inches in height , and shall open directly into the -street or alley at the rear or side of such room so used or occupied, or opening-upon vacant land under the -charge or control of the manager or person in charge of such motion picture exhibition or entertainment and adjoining the rear or side of the building or portion thereof where each such exit is located, and being not less than ten feet in width and -leading and. opening,�without obstruction, to and upon a street or alley. -(152$ - �S S. 2543 251 to 500 Seats. Every- room in which a motion picture exhibition or entertainment is conducted which has: a seating capacity of more than 2-50 and not more than 500 persons , shall have two exits , -in the. rear -thereof, each of which shall not be less than 3 feet wide and 6 feet 8 inches high, and shall open directly into the street or alley at the rear or side of such room so used or occupied, or opening upon vacant land under the charge or control of the manager ,or person in charge of such motion picture exhibition or entertainment and adjoining the rear or side of the building or portion thereof where each such exit is located and being not less than ten feet in width and leading and opening without obstruction, to and upon a street or -alley. (152 -2� S. 2544 Over 500 Seats. Every room in which a motion picture exhibition or ,entertainment is conducted, which has a seating capacity of more than 500'. persons, .shall have two exits in the rear thereof, each of which shall not be less than six feet wide and six. feet 8 inches high and shall open directly into the street or alley at the rear or. side of such room so used or occupied, or opening upon vacant land under the charge or control of the manager or -person in charge of such moving picture exhibition or entertainment' and adjoining the rear or side of the building or portion thereof where each such exit is located., and being not less than ten feet in width and leading and opi�ning, without obstruction, to and upon a street. or alley. '(152'J-2//5) S. 2545 Specification for Exit Doors. Every exit door shall be so hung that it will swing to the exterior of . the room and shall not be locked or fastened during the progress of any exhibition' or entertainment in any manner, except by -a small catch or spring upon the inside , which wil], �eadily yield to the pressure of one person from within. (1521 ;V i S. 2546 MOTION PICTURE THEATERS BUSINESS S. 2546 Exit Signs. Over -every exit there shall be placed, on the inside of the building or room used for the purpose speci- fied in this. Chapter, the word "'EXIT" in legible letters not less than three inches in -height , on a red glass panel with two electric lights , of not less than eight candlepower each, directly behind such panel, on a circuit independent of all other lights in said building, and independent of the electric energy furnished to operate ?h machine used for the production of the motion pictures. (152,$ -'ris5 ARTICLE 255 AISLES S. 2551 Obstructing of Aisles., Exits. No per on shall place or -maintain -any chair, sofa, settee, stool, seat , or any other -obstruction whatever in any aisle, or in any passageway exit or doorway, leading to or from, any -room in which any- motion picture exhibition or entertainment is held, conducted orcarried, on, during the time when such exhibition or entertainment is being so held, conducted or carried on, or admit to, or cause or permit any person to be or remain upon the floor of any such room, in excess of the number of seats provided for the floor thereof, except the necessary ushers and other attendants whose services are required in and about the conducting of suchR •exhibition or entertainment ; and no person shall --stand or remain in any such aisle, passageway, exit or doorway during the time when such exhibiti n\or entertainment is being held, conducted or carried on. (152A'- S) S. 2552 A&9les Required: Minimum Width. In every room omen- closure in which any motion picture exhibition or any entertainment at which motion pictures are exhibited is held or con- ducted , which is not more than 20 feet in width and not more than 100 feet in depth, there shall be one aisle through the center there- of, not less than five feet in width, or- one aisle on each side there-. of, each not less than three feet in width. ('152, 154`) . Z. ;S L 3//5 S. 2553 Aisles for Room 20' to 30' Wide. In every room or �en- closure in which any motion picture exhibition or any entertainment at which motion pictures are exhibited is held or con- which is more than 20 feet in width and not more than 30 feet in width and not more than 100 feet in depth, there shall be two aisles from front to rear each not less than three feet in width. (152 , 154) S. 2554 Rooms over 30 ' Wid-e. In -every -room or ,enclosure in-which any motion picture exhibition or °any entertainment at which motion pictures are being exhibited, is held or conducted, the- width of which is more than thirty feet, the total width of the aisle space shall. be not less than eight feet ; and for ,each additional foot or fractional part thereof of increase in width of such room over thirty feet , such total aisle space shall be increased not less than two inches. (152 , 154) BUSINESS . MOTION PICTURE THEATERS S. 2554.1 S. 2554.1 - Minimum -Width of Aisles. 'The minimum width of .any aisle having seats on both sides thereof shall not be less than four feet ; and the minimum width of any aisle having seats on one side thereof shall not be less than three feet. ( 52 , :154)- illT 4-3//S S. 2555 Length .of Seat Rows. All such aisles shall be maintained in such a manner t not more than six seats shall intervene between any seat and an aisle l5 Z-Y51- /,5-Y-3�5- S. 2-555.1 Cross Aisles. Where a- depth of the seating -_space of such room is more than one hundred feet , a cross aisle shall be provided and maintained, at or near the middle thereof, not less than six feet in width, which cross aisle shall extend across such room as nearly as possible at right an les so as to connect all aisles running from front to rear. ('152 , '154 4 2/,S 4 3/s- S. 2556 Fastening of Seats : ._Distance between Rows. All seats shall b,e firmly secured to the floor -and shall not be less than twenty-eight inches from back to back measured in a horizontal direction (152-,_15-A) L % s Z3/S ARTICLE 256 OP ATING ROOMS /52 -2/ S. 2561 Operating Room Regu ated. No person shall use or operate or cause or permit to be used or operated, any motion picture machine, unless the same and the enclosure or room in which the same is operated conform to the following- requirements : S.. 2561.1 Fireproofing of Operating Room. Every motion picture machin must be placed in an enclosure or room rendered proof against fire by having the ceiling and walls protected with quarter- inch asbestos covered with sheet iron of not less than Number 26 B.&S. Gauge, and the floor covered with sheet iron of not less than Number 20 B. & S. Gauge, which covering shall be put on in a workmanlike and mechanical manner; or such enclosure or room may be rendered roof against fire in a manner approved by the Council. Q152 j_-Z�s S. 2561.2 Isolation from Woodwork. If all sides and the ceiling or top of such enclosure or room are at least one foot .from any woodwork, such enclosure or room may be constructed of sheet iron not less than Number 20 B. & S. gauge which sheet iron shah]. bed "lock" lapped and riveted and supported by angle iron. (152# S. 2561.3 Doors. All openings into such enclosure or room must be arranged so as to be closed entirely by doors or shutters constructed of the same or equally good fire-resisting material as the walls of the enclo ure or room itself and arranged to be normally closed. (152�►-?j,�S� 0 S. 2561.4 MOTION PICTURE THEATERS BUSINESS S. 2561.4 Specifications for---Doors. Every -door -of such enclosure or room shall open outward, shall close against a jamb and shall be provided with springs so placed as to keep such door closed. (State Law as Exit doors from -Projection Room: See Calif. Labor Code, S. 2262.4) 5_Z_2/�5 S. 2561.5 Workmanship-. All work on such enclosure or room shall e done in a workmanlike and mechanical manner. (152f- /15 S. 2561.6 Trap -Doors. No trap door for entering any such enclosure or room will be permitted unless- such--enclosure or room shall be provided with an additional door. (152,1 S. 2561.7 Debris. Every such enclosure or room must be kept free and clean of all inflammable material of any kind what- ever. (152) S. 2561.8 Coverings for- Openings. The door or coverings for all other openings shall be held open by small cords sus- pended directly above the arc lamp, and shall be so arranged that when severed they will readily close all openings. (162 S. 2561.9 Size of Openings. All openings for the operators ' view and for the projection of the pictures shall be as small as poss bl'�, and shall not be larger than twelve inches by twelve inches. ('153-vis" S. 2561.10 Ventilation Flue. Whenever required by the Council, each such enclosure or room shall be ventilated by an opening or flue made of galvanized iron not less than No. 20 BA S. gauge substantially onstructed and not less than twelve inches in diameter. (152# 41,5) S. 2561.11 Outlet : Area. Such flue shall extend to the outside of he building or into the chimney with a flue area of not less than sixty square inches. (1524-Z/, S. 2561.12 Location, Size of Operating Room. Such enclosure or room shall be as near as possible to the outside of the building, and, unless the vent for the same is installed in a vertical position, shall not exceed fifteen feet in length, u less such vent is provided with an approved forced draught. (152'� State Law as to Ventilation of Operating Rooms : See Calif. Labor Co a S. 2262.1) (State Law as to Requirement of Running Water and Toilet Facilities in Operating Room: See Calif. Labor Code, S. 2261) _ S. 2561.13 Wire. Only slow-burning wire shall be used inside of such enclosure or room, except cord for room light. (1521- 2/tS S. 2561.14 Portable Cord.. All portable cord for connecting` th arc lamp shall be as short as possible. (152# -2 S. 2561.4 MOTION PICTURE THEATERS BUSINESS S. 2561.4 Specifications- for-Daars Every -door of such enclosure • or room shall open outward,, shall close against a jamb dnd shall be provided with springs so placed as to keep such door -closed. (State Law as /f'o Exit ors from -Projection Room: See Calif. Labor Code, S. 2262.4) l _5 - ,/S S. 2561.5 Workmanship. All work on such enclosure or room shall b done in a workmanlike and mechanical manner. (152# -�2/S S. 2561.6 Trap Doors. No trap door for entering any such enclosure or room will be permitted- unless- such enclosure or room shall be provided with an .additional door. (152f _z/;S S. 2561.7 Debris. Every such enclosure or room must be kept free an clean of all inflammable material of any kind what- ever. (152 0 � S. 2561.8 Coverinras for Openiriss. The door or �coverings for all other openings. shall be held open by small cords sus- pended directly above the arc lamp, and shall be so arranged at when severed they will readily close all openings.. (152 -�5- S. 2561.9 Size of Openings. . All openings for the operators ' view and for the ,projection of the pictures shall be as small as possible and- shall not be larger than twelve inches by twelve inches. (1524-Y/9 . 2561.10 Ventilation Flue. Whenever r-equired by the Council, each such enclosure or room shall be ventilated by an opening or flue made of galvanized iron not less than No. 20 BA S. gauge substantiall onstructed and not less than twelve inches in diameter. (152S- /S� S. 2561.11 Outlet :: Area. Such flue shall extend to the outside of the building or into the chimn with a flue area of not less than sixty square inches. (152�1--25 •S. 2561.12 Location, Size of Operating Room. Such enclosure or room shall be as near as possible to the outside of the building, and, unless the vent for the same is installed in a vertical position, shall not exceed fifteen feet in length, unless such vent is provided with an approved forced draught. 152) , State Law as to Ventilation of Operating Rooms : See Calif. Labor Code S. 2262.1) (State Law as to Requirement of Running Water and Toilet Facilities in Operating Room: See Calif. Labor Code, S. 2261) S. 2561.13 Wire. Only slow-burning wire shall be used inside of such enclosure or room, except cord for room light. (152#-�5 S. 2561.14 Portable. Cord All portable cord for connecting the -arc lamp shall be as short as possible. (152 0 -�/5� BUSINESS MOTION PICTURE THEATERS S . 2561 . 15 S . 2561 . 15 Gauge of Wire . The circuit supplying the current for the arc lamp shall be not less t ,n Number 6 B. & S . Y/6)gauge up to the operating switch. (152� _ S . 2561. 16 Operating Switch. Such switch shall be not less than 35 amperes capacity, with fuses to protect such switch; and the same shall n t be installed on top of the support for the arc lamp. (152 V -� S . 2561.17 Cover: Handle. If such switch is on the under side of such support, the same t have an approved cover with handle projecting through the cover S . 2561.18 Function of Switch. Such switch s all disconnect the rheostat with arc lamp. (152 1 -Z�S S . 2561.19 Rheostat. The rheostat shall be raised to a height of at least three inches above the floor and shall be properly enclosed and shall be surrounded with a substantial attached metal guard having a mesh not larger than one square inch, which guard sha,1--1 be kept at least one inch from the outside frame of the rheostat . S . 2561.20 Special Location.. The rheostat shall be installed in such enclosure or room herein mentioned, excepting where permission is granted in writingto install the same elsewhere, by the City Electrician . (152$- 2,S S . 2561.21 Film Boxes . All films not being'lused shall be kept in a metal box with a. tight-fitting cover; and ly those being used shall be kept in the operating room. (1529 -2r4r S . 2561.22 Fuses . Extra. sets of fuses of the type approved by the City Electrician shall be kept on hand; and open link fuses will not be allowed . (152A - oS . 2561.23 Auditorium Switch. The wiring of the auditorium shall be so arranged that a, number of lights to light the auditorium sufficiently can be operated by a switch near the entrance door, independent of the switches in the enclosure room in which the picture machine is located . (1521 - iS S . 2561.24 Cutouts and Wiring in Operating Room. No cutouts other than for the arc lamp shall be installed or maintained in the enclosure or room in which the picture machine is located; and not wiring shall be installed or maintained in such enclosure or room except such as is nec teary for the control of the lights in the auditorium. ( 152$ - s ) S . 2561.25 : Magazines :/// Shutters . Every motion picture machine must be equi ed with upper and lower magazines and automatic ` shutters . (152 /5 S . 2562 Fire: SSmoking. 1 No person shall place or permit to re- main, in any enclosure or room in which any motion picture machine is operated , any open fire, or any lighted cigar or cigarette or pipe . (1521-ZiS� 1 PAWN BROKERS, JUNK DEALERS AND BUSINESS SECONDHAND .DEALERS S. 2611 CH TER 26 q PAWN- .BROKER-S, 69 ) )DEALERS AND SECONDHAW-DEALER-S- ARTICLE 261. FAWN BR:OKE2S- 262; SECONDHAND D ALER-S 263. `JUNK ..DEALERS 264, JUNK COLLECTORS 265_. CHARITABLE INSTITUTIONS 266. RECORDS ARTICLE 261 'PAWN BR KERS / S. 2611 Doing -Business- w- h no.r.. No permittee engaged in man- aging, 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 in in any goods or thing, from any person under the age of 18 years. Any statement made to such permittee, employee or agent by a person under the age of 18 years to' the effect that he is over the age of 18 years,. shall not excuse such permittee or employee from any violation of thi-s pro- vision. S. 261.1..1 Hours. A person engaged in 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 mer- chandise or any article or thing, or in any manner whatsoever engage in or conduct any such business between the hour of seven o ' clock in the afternoon of any day and the hour of' seven o ' clock in the forenoon of the following day. S. 2612 Definition. Pawn Brokers. "Pawn Broker" means any per- son engaged in any one or more of the following businesses. (a) Pawnbroking (b) Lending money for himself for -any other person upon personal property, pawns or pledges , in the ,possession of the lender. (c) Purchasing articles of personal property and reselling or agreeing to resell such articles- to the venders or assignees at prices agreed upon at or before the time of such purchase. PAWN BROKERS, JUNK DEALERS AND S. -2C213 SECONDHAND DEALERS. BUSINESS S. 2613 Definition. Pawnshop. A "Pawnshop" is any room, store, building, or- other place in which the business of pawn= broker is engaged in, carried on, or conducted. S. 2614 License Required. Every pawnbroker shall first procure a license and pay an annual license fee as prescribed in Chapter -21 of the Huntington Beach Ordinance Code. S. 2615 Hours. A pawnbroker shall not , and an agent or employee of a pawnbroker shall not accept any pledge, or loan any money on personal property, or purchase or receive any goods , or merchandise, or any article or thing whatsoever engage in or conduct the business of pawnbroker between seven p.m. of any day and seven a.m. of the following day. ,ARTICLE 262 SECONDHAND-DEALER-S S. 2621 Definition. Secondhand---Dealer_.. . "Secondhand--aealer" is a person, other than a used car dealer or dealer in secondhand books or magazines, engaged- in conducting,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 include a person who deos not sell or offer to sell, secondhand goods, wares , or merchandise except such as is received by such per-s-on as payment or part pay- ment for new article sold by him. S. 2622 Secondhand Dealer,- .License Required. Every secondhand dealer- shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. PAWN BROKERS,. JUNK DEALERS AND BUSINESS SECONDHAND DEALERS S. 2631 ARTICLE 263 JUNK DEALER S. 2631 Definition. Junk Dealer. "Junk Dealer" means a person, not an auto wrecker and not an oil tool exchange, havi =g a fixed place of business in the County and engaged inconducting, 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. S. 2632 License Required. Junk Dealer. Every junk dealer shall first procure a license and pay an annual fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. ARTICLE 264 JUNK COLLECTOR S. 2641 Definition. Junk Collector. "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, buying, selling or otherwise dealing in any old. rags , sacks , bottles , cans , papers , metal , including gold and mercury, or other articles commonly known as junk. S. 2642 Junk Collector. License Required. Each junk collector shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. PAWN BROKERS, JUNK DEALERS AND. S. 2651 SECONDHAND DEALERS BUSINESS ARTICLE 265 CHARITABLE* INSTITUTIONS S. 2651 Charitable Institutions. Any institution or organiza- tion which is conducted, managed, or carried on ex- clusively for the benefit of charitable purposes from which no pro- fit 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 articles of incorporation, if any, and a statement in writing, duly sworn to by one of its officers, setting forth the purposes of such institution or organi- zation, which sworn statement 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 21 of the Huntington Beach Ordinance Code. S., 2652 Charitable Institutions. Cards. Such charitable insti- tution or organization shall furnish to each driver of every venicle used to collect junk for such institution, and to every individual employed to assist such driver , an identification card containing the name of the charitable institution or organiza- tion, the name and complete description of the driver or individual employed to assist a driver, including age, sex, race, height , weight , complexion and color of eyes and hair. ARTICLE 266 RECORDS S. 2661 Definition. Buy-form. The term "Buy-form" herein men- tioned shall be 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 of the re- quired information relative to purchases , pledges, or consignments. S. 2661.1 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 complete re- port of all goods , wares , merchandise, or other things on deposit , pledged or purchased, during that day, except household furniture,- used tires , used batteries, which household furniture, used tires or used batteries were taken in part payment for new tires or new batteries, and except merchandise originally sold new by the licensee and subsequently taken as a trade-in on other merchandise sold by the same licensee, and shall also contain other information required by the Chief of Police which, considering the type of business of the licensee, may assist in the detection of stolen property. PAWN BROKERS, JUNK DEALERS AND BUSINESS SECONDHAND DEALERS S . 2661.2 S . 2661.2 Identification of Seller or Pledger. Every licensee under this chapter shall enter upon the Buy-Form" positive identification 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 number, in addition to the individual ' s true name and add.ress . 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. " S . 2661.3 Identification of Seller or Pledger on Resale. Every person who sells, pledges, or consigns any property to any licensee in the course of business covered by such license, except household furniture, used tires, or used batteries, taken in part payment for new tires or new batteries; and except merchandise originally sold new by the licensee and subsequently taken as a tradein 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 . S . 2661.4 Records to be Retained . Every licensee shall Preserve for a, period of two years, a, copy of the "Buy-Form ' provided for that purpose, containing a carbon copy record thereon of the original writing made by the licensee, agent or employee, 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. S . 2661.5 Records of Chief of Police . 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. S . 2661.6 Goods to be Held . 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 2661. 1 that such article, goods, wares, merchandise or thing has been purchased or received by such person, firm or corpora- tion. S . 2661.7 Goods not to be Destroyed . A foundry or junk dealer shall not melt, destroy, sell or otherwise dispose 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 required by Section 2661. 1 that such metal has been received by the foundry or junk dealer. PAWN BROKERS, JUNK DEALERS AND S . 2661.8 SECONDHAND DEALERS BUSINESS S . 2661.8 Goods not to be Altered . 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 licensee shall not clean, alter, repair, paint, or otherwise change the appearance of such articles, goods, wares, merchandise or things . At all time during business hours, he shall expose the same to public view . S . 2662 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 . S . 2662 . 1 Hold Order by Chief of Police . 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 . S . 2662.2 Export . A licensee under this chapter shall not export from this country any goods, wares, merchandise, or things pledged to or received by such licensee in his capacity as licensee until the Chief of Police has inspected and released such property. S . 2662 . 3 Exemption . Waiting Time . The waiting period mentioned in Section 2 1.7 and the making of "Buy-Forms" mentioned in Section 2661. 1 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 ordinance . This section does not apply to purchase made by junk dealers from junk collectors . A junk collector' s license is not similar to a junk dealer ' s license . S . 2662 .4 Exemption . Certain Articles . The provisions contained in Section 2bbl.4 and 2 1.7 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 furni- ture (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 . S . 2662 .5 Exemption. Purchase from Established Business . The waiting period required by Section 2bbl.7 does not apply to property purchased on a, bill of sale or invoice from a regularly established place of business . As used in this section, an established place of business means a, place of business which has been dealing in the type of articles purchased at the same location for not less than two years . PAWN BROKERS, JUNK DEALERS AND BUSINESS SECONDHAND DEALERS S. 2662.6 S. 2662.6 A copy of this chapter shall--*fie '-furnished each new licenseeupon the first delivery of -the "'Buy Form" -by the Chief of Police, 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 procur-ed- from the office of the Board by the licensee upon -demand. S. 2662.7 Any person; firm-, or corporation violating -any of the provisions of this ordinance shall be deemedguilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the City Jail for a period of not more than six months or by -both- such fine and im- prisonment. Each such person, firm or corporation shall be ',deemed guilty of a separate offense for each day or portion thereof during which any violations of any of the provisions of this ordinance is committed, continued or permitted by such persons , firm or corporation and shall be punishable therefor as herein provided. BUSINESS BATH HOUSES & MASSAGE PARLORS S . 2711 CHAPTER 27 BATH HOUSES AND MASSAGE PARLORS 1213 -(o !off ARTICLE 271. General ARTICLE 272 . Permit ARTICLE 273 . Rules and Regulations ARTICLE 271 NERAL j2j3 L% S . 2711 BATHS AND MASSAGES . Permit Required . No person shall engage in, conduct manage or carry on the 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, shower bath or sleeping accomodations without a written permit from the Chief of Police . No person shall operate a, massage parlor or give fomenta.tions, massage electric or magnetic treatment 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 persons shall act as a, ma. seuer o masseuse without a written permit from the Chief of Police . 12 13- � S . 2712 DEFINITION OF MASSAGE. For the purpose of this ordinance the term massage is construed to mean any manual manipula- tion of, or the application of a mechanical device to the human trunk or limbs of another, except by a, person holding an unrevoked certificate to practice the healing art under the laws of the State of Calif nia. S . 2713 EXEMPTION. 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 an Professions Code of California, or of any other law of this State . ���3_�, 1 S . 2721 BATH HOUSES & MASSAGE PARLORS BUSINESS ARTICLE 272 PERMIT S. 2721 APPLICATION FOR PERMIT. Each person, before obtaining a permit to carry on the business of, or work as a masseur or masseuse at baths and massages as listed above, 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 informa- tion which may reasonably be required by the Chief of Police, said application shall show the true name of the applicant, his fictitious 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, together with such application. . The applicant shall furnish a, recent hotogra of himself and his fingerprints to the Chief of Police S . 2721. 1 The Chief of Police shall issue such permit to such appli- cant if it shall reasonably appear to him, after investiga- tion, that the applicant possesses good moral character and is a proper person to conduct or work at such business . The Chief of Police shall issue such permit to the applicant or Qeny su application within sixty (60) days from the date thereof13 -�� S . 2721.2 Any applicant for a permit as defined in Section 2721 who is refused a permit by the Chief of Police may within ten (10) days of notice of refusal, appeal the refusal to the City Counc S . 2721. 3 Investigation fees may be levied against said applicants and employees and subsequent employees thereof, when so designated by City Administrator. Said fees shall be reasonable and based on standard set by the City Administrator, and shall be payable to the City lerk p " or to the police investigation. Fees are not refundable 1�.13 -GG S . 2722 REVOCATION OF PERMIT. The City Council may revoke or sus- pend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the said 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 recom- mend revocation of any permit issued or granted under Section 2721 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 are operators engaging in immoral, improper or other- wise objectionable conduct or behavior. Whenever permit or license shall have been revoked under the terms of this section, no other appli- cation for a permit to carry on a similar business by such .persons shall be co sidere or a period of one (1) year from the date of such revoca- tion . BUSINESS BATH HOUSES & MASSAGE PARLORS S. 2723 S . 2723 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 (10) 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 person. If the holder of such permit cannot be found and service of such notice cannot me 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 (10) days prior to date of such hearing. The time of such notice may be shortened by t \ City Council with the written consent of the holder of the permit ARTICLE 273 RULES AND REGULATIONS S . 2731 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 tbiT—inspection of the Chief of Police or any other officer of the Cit . /2/3- 6 - S. 2732 OPERATOR OF BATH HOUSE OR MASSAGE PARLOR NOT TO EMPLOY UNLICENSED MASSEURS OR MASSEUSES. No permittee or operator -`of a bath house or massage parlor shall employ, or utilize the services . in any way of a masseur or masseuse who does t poss ss a valid and subsisting permit to -work for said permittee(. )2/ 3 -�� S ° 2733 DISPLAY OF PERMIT MASSEUR OR MASSEUSE. The permit 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 uch act°vity and shall be displayed to any peace officer upon demand /a/3-64(� S . 2734 RETURN OF PERMIT, The permit issued by the Chief of Police to a person to act as masseur or masseuse for a licensed bath house or massage parlor shall be returned, by such masseur or masseuse, to the Chief of Police within five (5) days after such masseur or masseuse no longer is so employed. (1293# -a7/67 S . 2735 RULES AND REGULATIONS - BATH HOUSES AND MASSAGE PARLORS, : Su ject to the approval of the City Administrator, the Chief of Police may make such rules and regulations , not inconsistent with the requirements hereof, governing batb ouses or massage parlors and masseurs and masseuses - (1293-0-- ;/2 AMUSEMENT AND ENTERTAINMENT PREMISES BUSINESS RESTAURANTS S . 2811 CHAPTER 28 AMUSEMENT AND ENTERTAINMENT PREMISES RESTAURANTS (1L264 14 541 16 Article 281. General 282. Permit 283 . Enforcement ARTICLE 281 GENERAL S . 2811 Entertain t in Place Serving Food or Refreshments - Permit Required. )a Los-- ll//&O S . 2812 No person shall provide or permit any type of entertainment in a coffee shop, restaurant or place where food or other refresh- ments are served and which is open to the public , unless such person shall first obtain a permit to do so from the City Administrator as hereinafter provided Q1454f— U/0 S . 2813 A restaurant or place where food or other refreshments are served shall inc de any place or premise where alcoholic beverages only are served S . 2814 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 presentation in which live models appear before an audience of any number of pe sons . ,1 ARTICLE 282 PERMIT S . 2821 APPLICATION FOR PERMIT . 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 , including type of entertainment, number of persons engaged in the entertainment, purpose of the entertainment, and any further information. about the entertainment as the City Administrator may deem necessary. (1454) (c) The date , hours and location where said entertainment 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 applicant 's business , if any, to be carried on in conjunction with such entertainment . (g) Whether or not the person or persons having the management or super- vision of applicant 's business have been convicted of a crime , the nature of such offense , and the sentence received therefor. AMUSEMENT AND ENTERTAINMENT PREMISES S . 2821 (h) RESTAURANTS'; BUSINESS (h) : Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant ' business as the City Administrator may deem necessary. /2&5, 66 t14541- IV&8� S . 2822 APPLICATION FEE. A fee of $25.00 shall be paid upon the Tiling of each application for a permit for the purpose of defraying the expenses incidental to the processing of said application./�{,S Y&(1)9 l 5 . . 2823. GRANTING PERMIT. After the making and filing of said 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 said entertainment, as proposed, will not be detrimental to the publ'c welfare, the City Administrator shall grant a per ' S►I 41444Y-9/6S� S . 2823 . 1 The permit shall be granted for the specific occasion re- quested, or if the request is for continuous,.-permit aid permit shall be issued for not longer than one (1) yea = �1s� S . 2823 . 2 APPEAL. PROCEDURE FOR. If the City Administrator refuses to grant said permit, applicant may, within ten (10) days after the mailing of the notice of refusal to grant said 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 (10) days written notice prior to the date the appeal is to be heard. (1444j -9&g S . 2824 EXCLUSIONS. The provisions of Section 2811 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine , or juke box in any establishment. (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public . (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground. (d) For entertainment conducted by or sponsored by any bonafide club, society, or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals , when proceeds , if any, arising from such entertainment are used' f r the purposes of such club, society or associatio AMUSEMENT AND ENTERTAINMENT PREMISES r BUSINESS RESTAURANTS S . 2831 ARTICLE 283 ENFORCEMENT S . 2831 REVOCATION OF PERMIT. The City Council may revoke or sus- pend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that said licensee or permittee ha,s been convicted of, or ha,s entered a plea, of guilty to any violation of the provisions of this section, or of 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 2821 if, after investigation, he determines the applicant or his employees are not of good character or that said entertainment is detrimental to the public welfare or that permittee, or his employees, are engaged in immoral, improper, or. otherwise objectionable conduct or Mavior. ( latoS 4146 S . 2831. 1 Whenever a, permit or license is revoked under the terms of this section, no other application for a, permit under this ordinance sha.l be considered for a. period of one year from date of such revoca,tion . �(a� S . 2832 REVOCATION OF PERMIT, HEARING . No permit shall be revoked until a, hearing thereon shall have been ha,d by the City Council, notice of which hearing shall have been given in writing and served at least ten (10) days prior to the date of such hearing upon the holder of such permit, his ma,na,ger 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 ma,na,ger or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service 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 (10) days prior to date of such hearing . The time of such notice ma,y be shortened by t City Council with the written consent of the holder of the permit . Q(,'S- / ,( J S . 2833 VIOLATION - MISDEMEANOR. Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a, misdemeanor, and upon conviction thereof shall be pun ' -,hable y fine or imprisonment or both as provided for in this Code . �z�S-/�� BUSINESS COMMUNITY ANTENNA TELEVISION S . 2910 CHAPTER 29 COMMUNITY ANTENNA TELEVISION (1266) Article 291 - General Article 292 - Franchise Article 293 - Rights Reserved to City Article 294 - Permits, Installation and Service Article 295 - Rules and Regulations Article 296 - Miscellaneous Article 297' - Application for Franchise Article 298 - Enforcement ARTICLE 291 ,GENERAL i &> S . 2910 DEFINITIONS . For the purpose of this chapter, the follow- ing . terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the 'plural nu • er. The word "shall" is always mandatory and not merely directory S . 2910. 1 "City" shall mean the City of Huntington Beach, California, in its present incorporated form W in any later recognized, consolidated , enlarged or reincorporated form( / 26&-1/4) S . 2910.2 "Council" may mean the present governing body of the City, of a,nyy - uture board constituting the legislative body of the City- S . 2910.3 "Person" shall mean any individual, firm, partnership, association, corporation, company or organization of any kind S . 2910.4 "Grantee" shall mean the person, firm or corporation to whom or which a franchise under this chapter is granted by the Council, an the la.w ul successor or assignee of said person, firm or corporation )*) . �&6 S . 2910.5 "Community Antenna, Television System" or "CATV" shall mean a system of antennae, coaxial cables, wave guides, poles, wires, underground conduits, manholes and other conductors, equipment or facilities designed, constructed or used for the purpose of provid- ing television, radio or other service by cable or through its facili- ties as herein contemplated . "CATV" shall not mean or include the transmission of any special program. or event for which a separate and distinct charge is made to the subscriber��'x�-the m nner commonly known and referred to a,s "pay television . Y /��,-lY S . 2910.6 "Subscribers" shall mean any person or /entity receiving for any purpose the CATV service of the grantee here . i/ S. 2910.7 COMMUNITY ANTENNA TELEVISION BUSINESS S. 2910.7 "Gross annual receipts" shall mean any and all compensa- tion in the form of gross rental and/or service receipts , including initial installation charges , received directly or indirect- ly from subscribers or users in payment for CATV services received within the City. Gross annual receipts shall not include any taxes on services furnish- ed by the grantee imposed directly on any subscriber or user by any city, state or other gover ental uni and collected by the grantee for such governmental unit 2,(P� _/�� ARTICLE 292 FJZANCHISE S. 2921 Franchise to Operate. A franchise to construct , operate and maintain a community antenna television system within all or any portion of the incorporated area of the City of Huntington Beach may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not , offering to furnish and provide such system pursuant to the terms and provisions of this chapter. Such a franchise shall not be exclusive, and the City reserves the right to grant similar franchise to any person at any time. No provision of this chapter may be construed as to require the granting of a franchise when in the opinion of the Council it is in the public interest to restrict the number of grantees to ne or more or to refrain from granting any franchise at that time. ��(,(r_��l� S. 2922 Uses Permitted. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City of Huntington Beach and for that purpose to erect , install , construct , operate, repair , replace , reconstruct , maintain and retain in, on, over, under, upon, across and along any public highway, street , alley, public way or public place, such poles , wires , cable , conductors , ducts , conduits , vaults , manholes , ampli- fiers , appliances , attachments and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use, operate and provide similar facilities on properties rented or leased from other persons , firms or corporations including, but not limited to , a public utility or other grantee fra ised or permitted to do business in the City of Huntington Beach. L,2�,� _IY6) S. 2922.1 The grantee shall have the authority to promulgate such rules , regulations , terms and conditions governing the conduct of its business as shall be reasonably necessary to enable it to exercise its rights and perform its obligations under the fran- chise, and it insure an uninterrupted service to each and all of its customers ; provided, however , that such rules , regulations , terms and conditions shall. not be in conflict with the provisions hereof or of the laws of the City of Huntin on Bea h, the State of Califor- nia or the United States of America. BUSINESS COMMUNITY ANTENNA TELEVISION S . 2922.2 S . 2922.2 The grantee shall have authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of grantee, all trimming to 'be done under the s•upervisi n and direction of the City and at the expense of grantee . -1/� S . 2922 .3 The grantee may make a charge to subscribers for connection to its CATV system and fixed monthly charge, both as filed and approved as herein provided . Rates charged by the grantee for service hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto, under efficient and economical management . For unusual circumstances, such as under- ground cable required , or more than 150 feet of distance from cable to connection of service to subscribers, and additional installation charge over that normally charged for installation as specified in the appli- cant ' s proposal may be charged , with easements to be supplied by sub- scribers . For remote, relatively inaccessible subscribers within the City, service will be made available on the basis of cost of materials, labor, and easements, if required . Rates to be charged by the grantee to subscribers for installation and services shall be approved .by the City Council when the franchise is granted , and ay not be changed with- out prior approval by the City Counci S . 2922 .4 No franchise granted hereunder shall beconstrued as a, franchise, permit or license to transmit any special pro- gram or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay tele- vision" and no grantee shall directly or indirectly install, maintain or operate on any television set a coin box or any oth device or means for collection of money for individual programs�Z(�(P- / ��� S . 2923 DURATION OF FRANCHISE. Any franchise, granted by the City Council pursuant to this chapter, .shall be for a term of (10) years following the date of acceptance of such franchise by the- grantee or renewal thereof. Any such franchise may be terminated prior to its date of expiration by the City Council in the event that said Council shall have found, after thirty (30) days notice of proposed termination and public hearing, that (a) the grantee has failed to com- ply with any provision of this chapter, or has, by act or omission, violated any term or condition of its franchise or permit issued under this chapter; or (b) any provision of this chapter has become invalid or .unenforceable, and the Council further finds that such provision constitutes a consideration material to the grant said f anchise; or (c) City acquires the CATV property .of granteeQ g6(p -1�� S . 2924 FRANCHISE PAYMENT. Any grantee granted a franchise under this chapter shall pay annually to the City, during the life of such franchise, and at times hereinafter specified, a sum equal to six per cent (6%) of the gross . annual receipts of the gra, •tee . S . 2924. 1 COMMUNITY ANTENNA TELEVISION BUSINESS S . 2924.1 The grantee shall file with the City within thirty (30) days after the expiration of any calendar year during which. such franchise expiration of any calendar year during which such franchise is in force, a, financial statement prepared by a, certified public account- ant showing in detail the gross annual receipts, as defined herein, of grantee, its successors and assigns, during the preceding calendar year. It shall be the duty of grantee to pay to the City, within ten (10) days after the time for filing such statement any u pad balance for the calendar year covered by such statement . S . 2924.2 In the event that the above payment is not received by the City within the specified time, grantee shall pay to the City a penalty of wo per cept (2%) per month on the unpaid balance in addition thereto.Qabk, -1 S . 2924.3 In any year or portion thereof commencing at the conclusion of the first year that service is provided during which pay- ments to grantee for installation and services amount to less than fifteen hundred dollars ($1500) per month, grantee/shall pay to the City a, minimum amount of fifty dollars ($50) per monthl /�(,(� - I��� S . 2924 .4 The right is reserved to the City of . audit and recomputation of any and all amounts paid under this chapter, and no acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable uCer this 'chapter or for the performance - of any obligation thereunder(. /1�(6-i��) S . 2924.5 In the event of any holding over after expiration or other termination of said franchise, without the consent of the City, the grantee shall pay to the City damages of not ss th twenty per cent (20%) of its gross profits during said period . � (�-�/�4 S . 2925 LIMITATIONS OF FRANCHIS . )'y 4_ 14 S . 2925.1 No privilege or exemption shall be granted or conferred by a. franchise granted , ursuant to this chapter except those specifically prescribed herein ��� S . 2925 .2 Any privilege claimed under such franchise by the grantee in any street, alley, public way or pWalic Place shall be subordinate to any prior lawful occupancy of sam (��►I�� S . 2925 .3 All transmission and distribution structures, lines and equipment of the grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum inter- ference with the rights or reasonable convenience of property owners who adjo n any oT the said streets, alleys or other public ways and places . ►?(,4—I� BUSINESS COMMUNITY ANTENNA TELEVISION S. 2925.4 S. 2925.4 In case of any disturbance of pavement , sidewalk, drive- way or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the Public Works Depart- ment of the City, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced and and shall maintain the r toration in an approved condition for the duration of the franchise S. 2925.5 The grantee shall , at its expense, protect , support , temporarily disconnect , relocate or remove from' any pub- lic street , alley or other public way, and property of the grantee when required by the Director of Public Works of the City by reason of traf- fic conditions , public safety, street vacation, freeway and street con- struction, change or establishment of street grade , installation of sewers , drains , water pipes , power lines , signal lines and tracks of any other type of structures of improvements by governmental agencies when acting in a governmental or proprietary capacity, or any other struc- tures or public improvements ; provided, however, the grantee shall in all cases have the privileges and be subject to the obligations to abandon any property of the grantee in place , as provided in Sectio 52 hereo . � ��-I/le S. 2925.6 Whenever it is necessary to shut off or interrupt service for the purpose of making repairs , adjustments , alterations or installations, the grantee shall do so at such time as will cause the least amount of inconvenience t'o its customers , and unless such inter- ruption is unforeseen and immediately necessary it shall give reason- able notice thereof to its customers _1144 S. 2925.7 Any such franchise shall be a. privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part , either by forced or involuntary sale, merger , consolidation or otherwise, without prior consent of the Council expressed by resolution, and then only under such conditions as may be therein prescribed. The grantee shall file with the Council within thirty (30) days after and sale, transfer, assignment , or lease of the franchise or any part there- of, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers. The proposed assignee must show financial responsibility and and must agree to comply with all provisions of this chapter. No such consent shall be required for a transfer in trust , tgage r other hypothecation as a whole , to secure an indebtednesG S. 2925.8 Time shall be of the essence of any such franchise granted. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of chapter by failure of the City to enforce prompt compliance. /zGG -I�� S. 2925.9 Any right or power in, or duty impressed upon any officer, employee, department or board of the City shall be subject to transfer by the ' ty to a other officer , employee, department or L board of the City �a�� -ll �G S. 2925.10 COMMUNITY ANTENNA TELEVISION BUSINESS - I S. 2925.10 The grantee shall have no recourse whatsoever against the City for any loss , cost , expense or damage arising out o -an y prow' ions or requirements of this chapter or its enforce- ment. )2loCo- S. 2925.11 The grantee is subject to all requirements of the ordi- nances , rules , regulations and specifications of the City heretofore or hereafter enacted or established, including- but not limited to , those concerning street work, street excavation, use, removal and revocation of property within a street , and other street work(I (, &-I�(P� S. 2925.12 Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the/City, ut ty company, or from others maintain- ing poles in streets. S. 2925.13 Any franchise granted hereunder shall be in lieu of any and all other rights , privileges , powers , immunities , and authorities owned , possessed, controlled, or exercisable by grantee , or by any successor to any interest of grantee , of or pertaining to the construction, operation, or maintenance of any CATV system in the City; and the acceptance of any franchise hereunder shall operate , as between grantee and the City, as an abandonment of any and all of such rights , privileges , powers , immunities and authorities within the City, to the effect that , as between grantee and the City, any and all construction, operation and maintenance by any grantee of any CATV system in the City shall be , and shall be deemed and construed in all instances and respects to be under and pursuant to said franchise, and not under or pursuant to any other right , privilege , power , immunity or authority whatsoeve in lieu of all of which is and shall be granted any franchise hereu er. 2(off ARTICLE 293 RIGHTS RESERV TO CITY /dL(olo-�1 �� S. 2931 No franchise granted under this chapter in any way impairs or affects the right of the grty to acquire the property of the grantee by purchase or condemnation. ,aG, S. 2932 No franchise granted under this chapter shall be given any value before any court other public authority in any proceeding of any character in excess of the cost to the grantee df the necessary publication and any other s m paid by it to the City therefor at the time of acquisition /a(o(o-II/�y� S. 2933 There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any ordinance or resolution of the City, and the grantee , by its acceptance of any franchise , agrees to be bound thereby and to comply with any action or requirements of the Cityin its exercise of such rights or power , heretofore or hereafter enacted or establis d. ` BUSINESS COMMUNITY ANTENNA TELEVISION S. 2952.3 S. 2952.3 Any property of the grantee to be abandoned in place shall be abandoned in such manner as the Director of Public Works shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the City, and grantee shall submit to the City Council an ' strument to be approved by. the City the ownership of such property P S. 2953 Failure to Perform Street Work. Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street , alley or other public places within the time prescribed, and to the satisfaction of the Director of Public Works , the Ci y Administra- tor may at his option cause such work to be done and the grantee shall pay to the City the cost thereof "in the itemized amounts reported by the City Administrator to he grante within ten (10) days after receipt of such itemized report. � S. 2954 Faithful Performance Bond.�, ��-//�� S. 2954.1 The grantee shall , concurrently with the filing of an ac- ceptance of award of the franchise granted under this chapter , file with the force and effect for the term of such franchise or renewal thereof, at grantee ' s sole expense , a corporate surety bond in a company approved by, and in a form to be approved by, the City At- torney, in the amount of one hundred thousand dollars ($100,000) re- newable annually, and conditioned upon the faithful performance of grantee , and upon the further conditiei that in the event grantee shall fail to comply with any one or more of the provisions of this chapter or of the franchise issued to the grantee hereunder , there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default , plus a reasonable allowance for attorney ' s fees and costs , up to the full amount of the bond, said condition to be a. continuing obli- gation for the duration of such franchise or any renewal thereof, and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of said franchise by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty (30) days prior written notice of intention not to renew, cancellation, or material change , be given to e City. S. 2954.2 Neither the provisions of this section, nor an bond acce�ted Y by the City pursuant thereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued •hereu er or fo, damages , either to the full amount of the bond or otherwise GG- l� I S . 2955 COMMUNITY ANTENNA TELEVISION BUSINESS S . 2955 INDEMNIFICATION OF THE CITY 62 L'� - /1/L(, S . 2955. 1 The grantee shall, at all times during the existence of any franchise issued. hereunder, maintain in full force and effect, furnish to the City, and file with the City Clerk, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees , in a company approved by the City Administrator and in. a form satisfactory to the City Administrator, protecting the City and all persons against liability for loss or damage for personal injury,. death and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of one million dollars ($15000,000)for personal injury or death of any one person and two million dollars ($2,000,000) for personal injury or death of two or more persons in any one occurrence, and. one million do rs ($1 000,000) for- damage to property resulting from any one occurrence . ,/2,u' S . 2955.2 The policies. mentioned in the foregoing paragraph shall name the City, its officers , boards, commissions, agents and employees, as additional insured and. shall contain a provision that a written notice of any cancellation, modification or reduction .in coverage of said. policy shall be delivered to the City Clerk thirty (30) days in advance of the effective date thereof, if such insurance is provided in either case by a policy which also covers grantee or any other entity or person other than those above named, t such p licy shall contain the standard cross-liability endorsemen .. 2 10 -I���, S . 2955. 3 No franchise granted under this chapter shall be effective unless and. until each of the foregoing policies of ins ante as required in this section has been delivered to the City Clerk. a(�G -t14�� S . 2956 INSPECTION OF PROPERTY AND RECORDS S . 2956. 1 At all reasonable times , the grantee shall permit any duly authorized representative of the City to examine all prop- erty of the grantee, together with any appurtenant property of the grantee situated within or without the City, and to examine and tran- scribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs , transactions or property of the grantee with respect thereto . If any of such maps or records are not kept in the City, or upon reasonable request made available in the City, and if the City Administrator shall determine that an examination thereof is necessary or appropriate, then all travel and. maintenance expense neces rily in rred in making such examination shall be paid by the grantee .����_l, b S . 2956.2 The grantee shall prepare and furnish to the City Adminis- trator and/or the Director of Finance at the times and in the form prescribed by either of said. officers , such reports with respect to its operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights , functions or duties/lof the�i or any of its officers in con- nection with the franchise(. ►�66 0�`� I BUSINESS COMMUNITY ANTENNA. TELEVISION S. .2956.3 S. 2956.3 The grantee shall, at all times , make and keep in the City .. full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets, alleys and public places in the City. The grantee shall file with the Director of Public Works , on or before the last day in March of each year, a current set of maps drawn to scale showing all CATV system equipment installed and in place in streets, lleys and other public places of the City during the previous year ��,� - J� S. 2957 Operational Standards. The CATV system shall be installed and maintained in accordance with the highest and best ac- cepted standards of the industry to the effect that subscribers shall receive the highest possible service. In determining the sat ' factory extent of such standards , the following shall be considered: �� yl�� S. 2957.1 The system shall be installed using all band equipment capable of passing the entire VHF and FM spectrum, and it shall have the further capabi �ity of converting UHF for distribution to subscribers on the VHF band. /2i(0GP_IX(. S. 2957.2 The system, as installed, shall be capable of passing stand- ard color TV signals without the i troductio of material �a degradation on color fidelity and intelligence (V�o���� S. 2957.3 The system and all equipment shall be des' ned an ated for 24-hour per day continuous operation gne _1��, l S. 2957.4 The system shall provide a signal level of 2POO microvolts. at the input terminals of each TV receiver. S. 2957.5 The syste `signal-t -noise rate shall be not less th-dn 46 decibels �G,_il��� S. 2957.6 Hum modulation of the picture signal shall be less than 5% C/.26G-►/lam) S. 295707 The system shall use components having a VSWR of 1.4 r less ( 6 ARTICLE 296 MISCELLANEOUS .PROVISIONS S. 2961 All matters herein provided to be filed with the City shall be filed with the City Clerk. S. 2962 The rate schedule for any connection flee or monthly service charge , or change` thereto to subscribers must have written approval of the City Council,? /a �_il6G S. 2963 The grantee must pay to the City a sum of money sufficient to reimburse it for expenses incurred by it in publishing legal notice and ordinances and for attorney' s fees in connection with the granting of a franchise pursuant to the provisions of this chapter; such payment to be made within thirty (30) days. after the Cit shall furnish such grantee with a written statement of such expen /J6�= I S. 2964 . COMMVNXTT„ANTENNA TELEVISION BUSINESS S. 2964 The grantee shall maintain- an office within the City .limits so that CATV main enance servic.e.�shall be promptly avail- able to subscriber /2C.(o S. 2965 No person, firm or corporation in the existing service area of grantee shall be arbitrarily refused service; provided, however, that grantee shall not be required to provide service to any subscriber who does not pay the p icablee connection fee or the ap- plicable monthly service charge. /,2t, w_o ( .ARTICLE 297 APPLICATIW FOR FRANCHISE S. 2971 Application for a franchise hereunder shall be filed with the City Clerk in a form approved by the City and shall con- tain the following information: (A) The name and address of applicant. (B) A general description of applicant 's proposed CATV operation, including a tentative map of areas to be served. (C) A statement or schedule in a form approved by the City of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between -the grantee and its subscribers shall accompany the .appliaation. . (D) A copy of any contract or permit , if existing, between the ap- plicant and any public utility providing for the . use of facili- ties of such public utility, such as poles, lines, or conduits. (E) A statement of the corporate organization of applicant, includ- ing the names and addresse of its officers, directors and as- sociates.., and also including the names of subsidiary companies with a listing of other areas being served by CATV or similar systems. If a franchise is granted .to a person, firm, group or corporation posing as a front . or representative for another per- son,. firm, group, or corporation, and such information is not disclosed in the original application', such franchise may be revoked by the City Council. (F) Applicant shall also furnish a financial statement as to the company 's or corporation' s financial ability to complete in- stallation and operation of the CATV system. BUSINESS COMMUNITY ANTENNA TELEVISION S. 2971 (G) 1 (G) Upon consideration of any such application, the Council may re- fuse to grant the requested franchise or the Council may by ordinance grant a franchise for a CATV system to any such ap- plicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers andsubscribers in the City. The Council ' s decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted. (H) Prior to the granting of a franchise pursuant to this chapter , the 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 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 Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof in the of- ficial newspaper. Said notice shall -be published at least ten (10) days prior to the date of hearing. At the time set for the hearing the 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 same , subject to the right of referendum of the people , or it may deny the same. If the Council shall determine that changes should be made in the terms and conditions upon which the fran- chise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. (I) Any franchise issued pursuant to this chapter shall include the following conditions : ."The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Huntington Beach and no other pur- pose whatsoever. " The inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the City to in- clude any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by Ods chapr. S. 2972 Franchise Renewal._ Any franchise granted unde this c apter is renewable at the application of the grantee, its lawful successors or assignee for such period o mime as he Council and the applicant may agree upon by negotiation /�6Co_ty(, S. 2981.1 COMMUNITY ANTENNA TELEVISION BUSINESS ARTICLE 298 ENFORCEMENT S. 2981.1 It shall be unlawful for any person, firm or corporation to make any unauthorized connection in physical contact with any part of a franchised CATV system within this City for the purpose of taking or receiving or enabling himself or others to re- ceive any television signals , radio signals , pictures , programs or sound. S. 2981.2 It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables , wires or equipment used for distribution of televisioni signals , radio signals , pictures , programs or sound. S. 2981.3 From and after the effective date of this chapter, it shall be unlawful for any person, firm, or corporation to construct , maintain, or operate a CATV system in all or any portion of the City without complying with the provisions of this c4Apter. S. 2982 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed .this ordinance and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections , subsections , sentences , clauses or phrases be declared illegal , invalid or unconstitutional. The invalidity of any portion of this ordinance shall not abate, reduce or otherwise affect any consideration or other oblig tion req red of the grantee of any franchise granted hereunder iI HEALTH DIVISION 3 y DIVISION 3 HEALTH CHAPTER 31 . SANITATION 32 . REFUSE DISPOSAL ` " C 33 . FOOD c 34 . WATER DEPARTMENT 35 . SANITATION DEPARTMENT Lo 36 . MISCELLANEOUS f i i i i i i HEALTH SANITATION S . 3111 CHAPTER 31 SANITATION ARTICLE 311 . TRASH 312. FLY CONTROL & ABATEMENT 313. DUST & INDUSTRIAL. WASTE 314. WASTEWATER 315 . WATER POLLUTION REGULATIONS ARTICLE 311 RASH S . 3111 LEAVING TRASH IN PUBLIC PLACES . No person shall deposit, sweep, throw., discard-or leave, or cause to be deposited, swept, placed, thrown, discarded or left upon any public street, high- way, alley, sidewalk, street parking or other public place in this City, any paper, tr sh, rubbish, garbage or any other thing of similar nature . (2501. 101z S . 3112 PLACING REFUSE FOR COLLECTION. Said substances may be placed in cans, boxes or other receptacles which are sufficiently tight and sound. to prevent the leaking, scattering, dropping or spread-, ing of said substances, which cans, boxes or other receptacles may be placed upon or in any public alley in this City, for the purpose of having the same removed or destroyed, by any person who is the tenant or in possession of the premises abutting upon the said alley, immedi- ately adjacent to the point where said receptacles are so placed . (2500-�X z2 I?1-7/� / 7P8- l-IEALT14 SANITATION )EA) ARTICLE 312 FLY CONTROL & ABATEMENT (1619-12/70) S . 3120 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 partic- ularly directed to the use of such words and. phrases: (a) Fly-Breeding Hazard shall mean the accumulation, existence or main- tenance of any substance, matter, material, or condition resulting in the breeding of flies in an amount or manner as may endanger public health or safety, or which may create unreasonable inter- ference with the comfortable enjoyment of life and. use of property by others . (b) Fly Abatement Board shall mean 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 hereby designated as the Fly Abatement Board pursuant to this article . (c) Commercial Dairy Farm shall mean 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. (d) Commercial Poultry Ranch shall mean 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. (e) Horse Stable shall mean any loc ion wher three (3) or more horses are main ained for any purpose . /(,/ _/2a� S . 3121 PUBLIC NUISANCE. Any fly-breeding hazard in the City of �' Hun in on Beach is hereby declared to constitute a public nuisance(. /e 9- 121 S . 3122 �- INSPECTION BY HEALTH OFFICER. It shall be the duty of the Health Officer. of Orange . County, who is hereby designated to enforce this article, 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 con- dition on any lot, farm, or other land., or on any other premises as a fly-breeding hazard, to enter, after demand, upon such premises and to d.etermine whether or not there is an existing fly-breeding hazard . The County Health Officer shall furnish each of his d.eput * r- and ins ectors with identification in such form as he shall prescribe l/ /� _/ S . 3122. 1 FLY CONTROL & ABATEMENT HEALTH 3122 . 1 Except as to residences and living quarters, the Health Officer, or his authorized deputies or inspectors., for the pu rpo:;c- of -routine inspection, or whenever he shall have reasonable t;r, believe that any va_olation of this artac7_e ex1.:;t„ upon any or in any place , after d1splayinE; ideritification_ may domand entry thereon in the daytime . Every person who owns , occupies or other- wise is then in possession of such premises and who, after such display and d.emand, refuses or willfully delays to open the same and admit an inspection thereof shall be guilty of a misdemeanor and subject to punish- ment upon conviction thereof by a fine not exceeding fifty dollars ($50.00) or by imprisonment in the county ail for of over five (5) days or by both such fine and imprisonment�� �g -12_'0) S . 3123 ABATEMENT PROCEEDINGS . NOTICE. Whenever there exists in any place within he City of Huntington Beach, a fly-breed- ing hazard, the County Health Officer shall notify in writing, by personal service, the record owner, his agent, or person having control or posses- sion of such place or premises, to abate such nuisance and take correc- tive 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 said notice . A copy of such notice shall also be posted in a conspicu- ous place upon such place or premises . Such hearing shall be set by the Co . Healt Officer at least ten (10) days after the date of such notice . I(,J� -12 0 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 recurrence thereof in the places or premises specified in the notice, prior to the time set for the public hearing by the Fly Abatement Board, and shall advise such owner or person that in lieu of such abatement, if the Fly Abatement Board determines that a fly-breeding hazard still exists 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 specified 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. sue costs all constitute a charge and lien upon such place or premises �(o11_ 12/�6 The notice shall be served upon the owner of record, or person having control or possession of the place or premises upon which the nuisance exists , or upon the agent of either. Notices may be served in the same manner as a summons in a civil action by any pers9erauthorived by the Health Officer of Orange County for such purposesL/619 -% HEALTH FLY CONTROL & ABATEMENT S . 3124 S . 3124 ABATEMENT PROCEEDINGS . HEARING . 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 pre- mises 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 pre- vent its recurrence; (e ) Whether the owner or operator shall comply with any specific re- gulations of the Health Officer; and (f) Whether the Health Officer shall abate and specifically what he may do at his option, including but not limited to directing the owner or person having control of the premises to abate said nuisance, provided that anything not included in .the Board 's order shall not be done by the Health Officer. 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 he owner r operator on or before a date to be specified by the Boar ./6/9 _r� S . 3125 FLY-CONTROL STANDARDS . The Fly Abatement Board , upon recom- mendation of the Health Officer, is authorized to adopt fly- control standards for operation and design of commercial dairy farms , 1 commercial poultry ranches and horse stables to serve as guidelines in the abatement proceedings described in Section 3124. All such standards shall be printed and made availab to all dairymen, poultrymen and. horse-stable owners or operators6 S . 3126 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 agai t the o er and person in possession or control, jointly or severally. S . 3127 FLY CONTROL & ABATEMENT HEALTH 1.".( 0111101 Ifl,Y1 N01' EXCLUDED. The provi.,;ihns of this article ar,(: L() 1)(! 9,:1 ari nAdod romed.y' t.(-Y' rLbn.te the. nulclance I n:1) d w l.1.11 wt.' o I (III () I' "I'l-ly ot'llo.1 .y ,trid riol, iti (. or proceudingr!, or r.-umodle:� o1,1i(-,.r'w1:-;c px*ov1-d(.!d [),y .I_ri,w (� (g- �ti/�D S . 3128 ADMINISTRATION AND ENFORCEMENT. Without limiting the power of city so to do, the County of Orange and all its officers , employees and agents are hereby authorized and empowered to enforce and administer th provisi ns of this article within the City of Huntington Beach -/3/70 S . 3128. 1 Penalty. Any owner or person having 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 conviction thereof by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days izprisonmqn�t in the county jail, or by both such fine and imprisonment(_/6 0-12170 S . 3129 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this article 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 remain- ing portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article and. each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sente S, clauses or phrases may be declared invalid or unconstitutiona •rti7, Y7 I f I-;A7.,:1.'1 I SANITATION S . 31,11 ARTICLE 313') DUST AND INDUSTRIAL WASTE (logy_ I Q'Gy� /253 S . 3131 DEFINITION: INDUSTRIAL WASTE: Any and all liquid or solid waste subst ce ..in. sew a from any processing or manufactur- ing of whatever nature . �0 0 - /0 S . 3132 It shall be unlawful for any person, firm or corporation to permit, maintain, or create a situation wherein the dust, smoke, soot, carbon or industrial waste on any property under his, her or its control, creates a public nuisance_.=�t1/ �'1253�1-�/�'_� �0.9l� �y.. J S . 3133 ESCAPE OF SMOKE CARBON SOOT. No person shall cause, permit ; or allow smoke, carbon, or soot from any fire being operated, used, maintained or fired by such person to escape from any smokestack, chimney, flue, vent, firebox, kiln or furnace . (1253 0 -9/��� S . 3134 ABATEMENT PROCEDURE. (12539- q/G� S . 3134.1 Whenever there exists in any place within the City of Huntington Beach a public nuisance created by industrial waste or dust, the Health Officer shall notify in writing the record owner or person having c trol or possession -of such place or premises to abate such nuisance . Hof/- S . 3134.2 The notice shall direct the owner or person in control or possession of the place or premises, within the time spec- ified in said. notice, to abate the nuisance and. to perform any and all work necessary to prevent thecurrence thereof in the places or pre- mises specified in the notice .( � cc S . 3134.3 The notice shall be served upon the owner of record or person having control or possession of the place r premi es upon which the nuisance exists, or upon the agent of either �Q9/_/0 �/J i S . 3134.4 Notices may be served. by any person authorized. by the Health Off' er for uch purpose in the same manner as a summons in a civil action. /p�� -/0�� S . 3134.5 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 of Huntington Beach for the costs of such abatement which may be recovered. in a civilaction:, /09/-/YV S . 3134.6 SANITATION HEALTH S . 3134.6 In the event the Health Officer elects to abate any such 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 said "Notice of Intention to Abate, " the Health Officer may proceed. to abate any such nuisance as hereinabove pr vided . /off./ - I%q) S . 3134.7 The request for hearing shall be in writing and be f led with the City Clerk. Notice of the time and place where the City Council will consider 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 appli- cant and by the Health Officer. Upon the conclusion of the hearing the City Council shall determine whether or not a condition contrary to the provisions this a ticle exists and whether or not the Health Officer may abate(p 9/_/%/ S . 3134.8 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 in accordance with the written notice from the Health Officer within the time specified in said notice, shall be guilty of a misdemeanor and subject to punish- ment upon conviction thereof by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the County Jail or by both such fine and. imprisonment. fogf _/�� S . 3134.9 Provisions of this article in reference to abatement are to be construed. as an ad.d.ed remedy of abatement of the nuisance hereby declared and not in conflict or derogation of any othe actions or proceedings or remedies otherwise provided by law 1011. 1Q/ HEALTH SANITATION So 3141 ARTICLE 314 WASTE WATER (1253-f - So 3141 Definition Waste Flowing Into Street. It shall be unlawful for any person, firm or corporation, either as. principal, agent, servant, employee, or otherwise, to cause or permit crude, dis- tilled or refined oil or petroleum, or water, waste water or mud, or any byproduct of any oil product on activity or any substance resulting from oil production activity, to become deposited upon or to flow upon, into or across any sidewalk, curb, alley o street or, into any storm or sanitary drainage system, sewer or gutter /�53- 9��� S , 3142 Oil Well Waste Water Permit: Clarifier. The Oil Field Superintendent may issue a permit to any person, firm or corporation to deposit water or wastewater into any storm or sanitary drainage system of this City, provided such water or waste -water does not contain crude, distilled or refined petroleum or mud or any -re- siduary products of petroleum or other substances mentioned in Section 5650 of the Fish and Game Code of the State of California and provided further that a clarification system approved by the Oil Field Superin- tendent is installed and. .p o erly maintained for the purpose of treat- ing .said water, 413201- (Z7� Se 3142.1 App ication Fee. A. verified application for such permit shall be filed with the Oil Field Superintendent, together with a fee of $5.00 per well for the use and benefit of this City, which said sum shall be reta'ned by the City whether said application is granted or dV/42. 2 ed, 11320)-�� a53�1(, Sa Contents o Application: Property Descriptions Said ap- plication -shall contain a descr' tion of he property upon which said water or waste water is locate /6 So 3142.3 Property Owner: Discharge Point. The a plication shall contain the name of the owner of the property and shall designate the point where the/Water wi 1 be discharged into said drain- age system or sanitary sewer, /�S_ S . 3142.4 Method of Clarifying. The application shall contain the method of clarifying and settling the objectionable sub- stances from said wate , includirig plans and specifications of waste water settling . system . S , 3142. 5 Easements : Promise to Indemnify. If said waste water is to be conducted over private property belonging to persons' other than applicant, a statement that permission from the owner or owners of said property has been secured in writing together with an agreement on the part of the applicant to indemnify and hold harmless this City and its officers and employees form any liability accruing to this City, it office or employees on account of the granting of said application. /�S3-`16> So 3142.6 Permittee to Pay Costs . . All costs incurred by the permittee and all damages to city property by reason of permittee con- necting to or closing out any of his co ections V�ty property shall be at permittee "s sole cost and expense 5 3 -9 6 S . 3143 . SANITATION HEALTH S . 3143 Hearing After Denial. In the event the Oil Field Superin- tendent denies the application for a permit for the dis- posal of waste water, the applicant may, within thirty (30) days there- after, upon request therefor, be granted a hearing before the Council, at which hearing the Council may take evidence for and again said permit and either grant or deny said application. C1320#- j la s3��, S . 3144. Contents of Permit. The permit shall specify the location of the clarifying plant, type of .plant to be used including plans and specifications approved by the Oil Field Superintendent,/ {1320P -b/,,7 � S .. 3144.1 Discharge Point. The permit shall contain the location at which water will be discharged into the drainage sys m or sanitary sewer, the size of discharge pipe and method of discharge 1�53-F/�/13zo-(047 S. 3145. Fee. The fee for said permit shall be $30.00 per well per calendar year, payable annually, and becoming deliquent on the first day of February each year. Where permits are issued for the unexpired portion of the annual termythe amount of the permit fee required shall be prorated on a monthly basis . The minimum permit fee for an unexpired annual t shall not be less than two month's fee or $5.00 per well. 9/(1320;-� S . 3145.1 Deposit of Fees . A11 fees collected under this Article by the Director of Public Works or the Oil Field Super- intendent shall be deposited in the General Fund of theI ty. q� f1320j- � ? S. 3145. 2 Penalty for Delinquency. If any fee here - required to be paid to the City is not paid at the time and in the manner herein provided, the same shall, thirty (30) days thereafter, automatically be and become delinquent, and a penalty in an amount equal to ten percent (10%) of such fee shall b dded thereto each month, but not to exceed said yearly fee. (13201- '47) S . 3146 Bond. The Director of Public Works or the Oil Field Superintendent may require a bond from the applicant conditioned upon the faithful performance of the conditions of said permit including the indemnification from any and all liability on account of the issuance of said permit and for the payment to the City of all fees required to be paid by the City under this Article and said bond shall be in such sum as the Director of Pub l -! \Works or the. Oil Field Superintendent shall deem prop T323- �rWj , S . 3147 Valve Gate. The disch a line shall have a valve g gate, located at the point of discharge, capable f being ocked. , /zS3-�6 .. - HEALTH SANITATION S . 3147.2 S , 3147, 2 Rules For Laying Drain Pipe to Sanitary Sewer, - No sanitary sewer shall be opened except by a licensed plumber and care must be taken that no cement pipe or other material shall be used in making connections and shall be of such a length that they do not extend over 4 inches into sewer "Y" of chimney. Trench from main sewer to property line to be properly settled when back-filled. -Upon discontinu- ance or cancellationythe drainpi shall cut off .at ' the proper.ty .line .. and the connection cemented off S . 3147.3 Use of Storm Drains and Sanitary Sewers . No person form or corporation shall discharge or cause to- be discharged any sewage, waters , vapors or industrial wastes that have any one of the following characteristics : 1. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas . ' 2. Any ashes , cinders , sand, mud, straw, shavings , metal, glass , rags , feathers , tar, plastics , wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the. flow in sewers or other interference with the proper operation of the sewage or storm drain works . 3 . 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. . 4. Any' noxious or malodorous gas or substance capable of creating a public nuisance. 5. Any- liquid or vapor having a temperature higher than 850 F. unless properly treated for scale inhibition. 6 . Any: industrial wastes which may contain .more than 200 p r s per millions , by weight, of fat, oil, - or grease.+911320r- � I�S3 �6 S . 3148 Temporary Suspension of Permit. Upon the violation of any of the terms of the permit, including the payment of any fee before deliquency, the Director of Public Works or the Oil Field Superintendent may temporarily suspend the pe it, J1320'� -�7 53�� S . 3148.1 Citation of Show Cause. In such event,, the Director of Public Works or the Oil Field . Superintendent shall cite the permittee to appear before the City Council at its next meet'-pg and show cause why his permit should not be cancelled. 1320�--CO7 /a53_9% S . 3148. 2 Citation Without Suspension. Without- suspending such permit, the Director of Public Works or the Oil Field Superintendent may cite any permittee to show cause before tbe City Council why said permit should not .be canc led. 113201-��� ZS 3-q/blob S . 3148.3 Hearing: Decision. At said Baring, the Council shall take evidence nd after said hearing shall decide the matter within three weeks . S3 /�) S . 1348 .4 Action by Council. The Council may cancel, suspend for a definite time, or modify the terms of said p it. S . 3148.5 SANITATION HEALTH S . 1348.5 Transfer of Permit. No -permit issued hereunder shall be transferred except upon the consent of the Director of Public Works or -the -Oil Field Superintendent Application for such transfer shall be made upon forms. prescribe.d 'by the Director of Public Works or the Oil Field Superintendent and. shall be accompanied by the application of the transferee for the issuance to him of such permit.. The application of the transferee shall contain all the information and be accompanied by all the required documents and all fees required of any applicant for an ..original..permit under this Art �� cle C13201- I�S3 �� S. 3148.6 Cancellation. The City Council. reserves the right to cancel any and all.;.permits. issued under -this Article after -not ice and hearing when.public-necessity and convenience require such cancellation. Upon such cancellatiGn the Council may order re- funded any unused-..portion of the feee.- p4id'by the permittee. Notice hereunder shall be given by mail addressed to ~the==permittee at tie address shown . on the -permit- at =least ten_ days before the S. 3149. Special Industrial .Waste Permit. The Director . of Public Works may is sue -a ;special•-indus trial was te.- perai-t- to •any person, firm or corporation to dischar..ge Andvotrial wastes into •the storm and sanitary sewer systems of this City; _providing •the character- istics of said. industrial wastes do tint euGeed the limitations as- in- dicated below: 1. Any liquid or vapor having .a temperature -higher than 859F unless properly treated for scale inhibition. 2. Any sewage .or. industrial wastes •:which,.may .contain :more than., 200 parts • per. million, by weight,: of .fat, eil,< or grease.. 3 . Any sewage�containing over :0,5.,parts.,per:_millionf of `disaol-ved;. sul- phides . 4. Any sewage or industrial wastes having .a:pH°.lower than 6.5 or higher than 9.0, . or having any other corrosive property capable - of causing damage or -hazard to -structures, equipment, and-personnel of the sewage works 5. Any sewage or:industrial .wastes containing suspended solids- of -such . character and quantity that unusual attention .or :expense is required to han e -such ,.materials . in truck sewers. er at . the=sewage treatment plant. L53 -°//� S. 3149.1 Application Forms . Applic$ti~on forms for such special .JqAustri 1 ste.- permits ,shall'. be .furnished-by the Director of Public Works J a 5 -.S . 3149.2 ..Application _ Fee. . :The,.-4tpplicat.ion for a special industrial waste:permit• shall be -accompahied by an _app7. ation - or $5.00, no part- of -which i.shall`.be :returned .to the >applicant. / S3~ � S . 3149.3 Fees for -Sl2ec ial Industrial, Waste Permit. The fee for the special -industria . waste;!permit -shall, be $2.50-per month for -each • 1200 barrels or fraction thete'of of-industrial•-waster discharged into the -st©rm d sanit sewer systems of this City. Said fee shall be: paid monthly � '• S . 3149.4 For -the.-purpose -of this ordinance, the.,.water ©r .w$ste water from the.-production :.ef oiI and .gas .wells in the City shall not be cvftsider ;d s an -industrial waste .requiring •a. permit under SPrtinn 11&QI /-C-�-9 //e HEALTH SANITATION S . 3150. 1 ARTICLE 315 WATER POLLUTION REGULATIONS (1593-8/70) S . 3150. 1 Enforcement and Administration. The County of Orange and all of its offices, employees and . agents are hereby authorized and empowered. to enforce and administer the provi-s-ions of, this article within the City of Huntington Beach, California13 IZ > S . 3150.2 Definitions . As used in this article unless the context otherwise requires: (a) Director means the duly-appointed administor appointed by the Board. of Supervisors .of the County of Orange . (b) Department means any department of the City of Huntington. Beach or the County of Orange . (c) Industrial Waste means any and. all liquid or solid waste substance, not sewage from any producing, manufacturing or processing opera- tion of whatever nature . It shall include sewage mixed with "industrial waste; " however, it shall not include domestic sewage from resid.ences , business buildings and. institutions , containing only waste from waterclosets, wash water, baths and kitchens . (d) Pollution of Underground or Surface Waters means any cond.ition 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 recreational purposes, or any other useful purposes . (e) Public Agency means and includes the United States or any department or agency thereof, the State of California or any department or. agency thereof, county, city, public corporation, municipal corpora- tion 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 contami- nated 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 und.e ground o surface storage reservoir, whether natural or artificial. C/593-W/,,, S . 3150.3 Pollution of Water Prohibited.. 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 wat s . / 593 - ��io S . 3150.4 SANITATION HEALTH S . 3150.4 Permits for Disposals of Industrial Wastes . 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 pro- vision of this article, 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 disc rge of industrial waste into a public sewer with an ocean outfall. �593� g�jd S . 3150. 5 Application for Permits . 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 ad.d.itional information, including plans and specifications whit he may deem necessary for the proper disposition of the application( S . 3150.6 Time Within Which Action or Application Shall be Taken. Within thirty 30 days after the receipt of all of the information requested of an applicant, the Director shall either grant or deny the permit and shall im diatel notify the applicant by first class mail of the action taken /S93 -8, S . 3150.7 When to Issue Permits . 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 . The Director may incorporate in any permit issued pursuant to this article , such limitations or conditions as may be reasonably necessary to effectuate the purpose of this article 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 ad.d further limitations or conditions appli- cable to any permit theretofore issued . No such alteration, revision, modification, deletion or add.ition of limitations or conditions shall be effective, however, until notice in writing thereof shall have been served upon th permit ee in the manner provided by Section 3150. 14 of this article . ,5�3 S . 3150.8 Permit Does Not Authorize Certain Acts . A permit issued under this article does not authorize any act or acts for- bidden by any law, rule, regulation or ord.er of any public agency or departmeyit and s ch fact shall be so stated on the face of all permits issued . S,q3 _qz01V / HEALTH SANITATION S . 3150 .9 S . 3150. 9 Term of Permits . A permit for the disposal of industrial waste shal. be v id unti suspended or revoked in the manner hereinafter provided . �S93 - $ 0 S . 3150 . 10 Transfer of Permits . 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 m 1, the person requesting a transfer of a permit of the action taken. �S 53-iw) S . 3150.11 Tests and Inspections . For the purpose of securing compli- ance with this article, 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 premises or place where industrial waste is being or is proposed to be disch ged. or deposited, .or where there may be a violation of this article(S-y3--0�0) S . 3150. 12 Cooperation by Other Departments . In carrying out the duties imposed upon him, the Director may guest and receive the aid of any other city or county department Y_ '43-g�� S . 3150.13 Enforcement. The Director shall enforce this article and. shall, upon his own initiative or may upon the complaint of any person, investigate any violation of this article, or of any permit issued hende r. or such purpose, he shall have the powers of a peace officer. Sg3-S/0 S . 3150. 14 Notice of Violation. Whenever the Director finds that any person is acting in violation of any provision of this article or of any permit issued hereunder, he shall serve upon the person causing or suffering such violation to be committed, including the per- mittee, if a permit has been issued, a notice of violation. The notice shall state the act or acts constituting the violation and shall direct that the violation be corrected within such time to be specified in the notice as the Director may deem reasonable . Unless otherwise expressly provided,. any notice under this article required to be given by the Board of Supervisors or the Director shall be in writing and may be served either in the manner provided in the Code of Civil Procedure for the service of process or by registered mail. When service is by regis- tered mai , the notj.,ce shall be sent to the last address given to the . Director. 3 -ab S . 3150. 15 Cessation of Activities . Whenever the Director finds that the continued violation of any provision of this article or of the conditions of any permit issued hereunder is so aggravated that the prevention of pollution of underground or surface waters re- quires 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 at all the violations charged in the notice have been correcte . 15 q 3- $ �O S . 3150. 16 SANITATION HEALTH S . 3150. 16 Suspension of Permit. 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 o the viol tions charged in a notice thereof have been correctet S . 3150. 17 Revocation of Permits . The Board. of Supervisors may, after notice and hearing as hereinafter provided, revoke a per- mit on any one or more of the following grounds: (a) Fraud or deceit in obtaining a permit. (b) Failure of a permittee to correct a violation within the time pre- scribed in a notice of violation. (c) Willfull violation of any provisions of this article of a condition or limitation of a permit, or of any lawful order of the Dir ctor. 1593-a��� S . 3150. 18 Proceedings for Revocation of Permit. Proceedings f—Or 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 recommendation of revocation set- ting 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, set- ting forth the group there and designating a time and place for hearing thereon. �S13-g�o S . 3150. 19 Reauest for 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 3150. 115, the decision of the Director all b uspended pending the decision of the Board of Supervisors /-gq3-V,,) S . 3150.20 When and How Hearings May Be Requested . Any person who feels himself 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 article, or of a condition or limitation of a permit issued here- under. 4 HEALTH SANITATION S . 3150.20 (d ) (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 (30) 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 prescribed. herein shall constitute a waiver of any bjectio to the action of the Director and his action shall be final,l is�3 - go) S . 3150.21 Notice of Hearing . 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 (30) days after a written. request therefor has been filed with the County C rk and n t less than ten days after the issuance of the notice thereof. �593- ` ' U� S . 3150.22 �Hearing . At the time and place set for hearing, the person requesting the hearing, the Director and any interested person or ublic a�ncy may appear and be heard either in person or by counsel. I/ — r'5 S . 3150.23 Decision. The Board of Supervisors shall, within thirty 30 days after conclusion of the hearing, render its deci- sion. 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 particu- lars as the Board may deem appropriate . (e) Direct the Director to transfer a permit. (f) Revoke ermit on any of the ground.s specified in Section 3150. 17. -5 -8 S . 150.24 Penalty. Any person convicted of a violation of any pro- vision of this article shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ($500) , or by both such fine and i prisonment . / .513 - "179 S . �150.25 SANITATION HEALTH S . :;15(:.15 -) ;verability. If any r;ection, subsection, sentence ,. clause or- phrase of this article 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 remain- in;-, portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences; clauses or phrases may be declared. invalid or unconstit Tonal. HEALTH REFUSE COLLECTION & DISPOSAL S . 3210 GCHAPTER 32 -�1- j 1 REFUSE COLLECTION & DISPOSAL ARTICLE 321. GENERAL 322. DEFINITIONS 323. COLLECTION VEHICLE AND REFUSE CONTAINERS 324. REFUSE COLLECTION 326 . CERTIFICATE OF. PUBLIC NEED.AND NECESSITY ARTICLE 321 GENERAL I �1 (oS2-t- S . 3210 Owner to ke premises lear of garbage and other offensive substances l�( . — )z/,) S . 3210.1 Every owner, tenant, occupant or person owning or having care of any premise shall keep said premise 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, rubbish, cans , wastepaper, filth of any kind or any other substance that may become offensive, to be deposited or remain in or upon any premise owned or occ 'ied by himNpr under his control except as otherwise provided by law /� HEALTH REFUSE COLLECTION & DISPOSAL S . 3220 ARTICLE 322 DEFINITIONS 77- 4/>r,-g2-S-/ /3b5-rZ/6?) S . 3220 DEFINITIONS . For the purposes of this chapter, the follow- ing . words and. phrases shall have the meaning hereinafter set forth. Any word or phrase used in this chapter which is not here- inafter specifically defined shall have th meaning commonly attached. to such word or phrase in ord.inary usage . r-)7 �� 13(o S- /" i 1 S . 3220. 1 Refuse . Refuse shall mean and. include all garbage, animal or vegetable, or household waste; all combustible or incom- bustive trash or waste which ordinarily is created or accumulated in the operation and maintenance of a household, business or industry, including leaves, cuttings, trimmings from trees , shrubs, grass , and filth of any kind.. Refuse does not include heavy or bulky articles such as trees , tree limbs, logs, automobile bodies, large motor vehicle parts, building materials, abandoned appliances or household good.s or business fixtures, grass from renovating, sod, dirt, or similar material, or any ot her substance or material that is , or may become offensive . 77- S . 3220.2 Basic Level of Service . That level of collection and. dis- posal service necessary to collect the refuse generated by an average family in one single family residence as specifically pro- vided. in any given contract between the city and any person or Coll c- tion of such refuse, or by resolution of the City Council '. _1 S--l�� S . 3220.3 Collection. The collecting, gathering together, and trans- porting of refuse, for disposal in accordance with the rules and regulations pertai ng to the operation of Orange County dump sites and transfer stations t,2 _99Z� .! S . 3220.4 Refuse Container. Any container, can, receptacle, vessel, tank or box des 'gned for or used for holding or containing refuse . S . 3220.5 Single Family Residence . Shall mean and include every lot in the City upon which is situated one dwelling unit de- signed. for or used as living quarters by human beings . It—shall not include lots with hotels , motels, lodge halls , clubs , tourist camps ," trailer camps , churches , business and industrial establishments, or any lot containing more than one dwelling unit or upon which any com- mercial or industrial occupation is being conducted r1ess suc occupa- tion is being conducted in a single family residence3GS-/Y)7 S . 3220.6 Person. Any individual, person, firm, corporation, partner- ship co-partnership, joint venture, or other organization. 13 2 HEALTH REFUSE .COLLECTION & DISPOSAL S;. 3230 ARTICLE 323 COL ION VEHICLE AND REFUSE ONTAINERS S . 3230 REFUS CONTAINERS REQUIRED, It shall be the duty of every owner, lessee, manager, and/or person in possession, charge or control of a building on any premises in -the City to provide or cause to be provided , and. at all times to keep or cause to be kept, uffi Tent and c venient portable refuse containers upon said premises . S . 3231 UMP G OF REFUSE. No person shall deposit or cause or per- mit to be deposited any refuse upon or in any public street, alley or other public place, or upon. any premises/`in this. City, except in refuse containers as provided in this chapter( 77- /�� S . 3232 TYPE AND SIZE OF CONTAINERS . Each refuse container shall be of sound construction and shall be water tight . Con- tainers may only be used for containing animal or vegetable waste resulting from the preparation of food if they have a tight fitting cover. Containers for single family resid ces hall not weigh mor than sixty pounds when filled with refuse ]—'-��/ �2S �Zl � '3(,S S . 3233 COVERING CONTAINERS . The cover shall not be removed from those containers requiring covers except when necessary to place refuse therein or to remove refuse therefrom- at all othe times said cover shall be in place on said container,�}� f��/ 1-36S`- S . 3234 . LOCATION OF CONTAINER. Each refuse container shall/be kept or placed. in such a manner as not to be visible from the public street and s,o as .to be easily accessible to the refuse collector, provided that during or for the time fixed for the collection of refuse from said containers suc4 containers shall be kept or placed as follows: e there is an alley other than a blind. S . 32W.1 Near Alley. er alley in the rear of such premises, such refuse container shall be placed,--enthe premises ; within five feet (51 ) of the rear property line . ( 77?,, 4"),i S . 3234.2 Access from Side Entrance . Where there is no alley other than a blind alley in the rear of such premises and. there is a side entrance to the rear of such premises , each such refuse container shall be pla ed on the pre ises at an accessible point adjacent to said side entrance .�' = S . 3234.3 On Curb .' Where there is no alley other than a blind alley in the rear of the premises nor such side entrance, each such refuse c ntainer shall be placed. on the curb in front of the pre- mises . ��� , ��i ! 1 0 S . 3235 REFUSE COLLECTION & DISPOSAL HEALTH S . 3235 REFUSE CONTAINER IN PUBLIC WAY. No person shall place a refuse container in any- street, alley, sidewalk, court, or other public way in the City at any time other than the regular time for collection of refuse; every person who so places a refuse container for the purpose of refuse collection shall remove same no later than 'I 7 P.M, .'7 or o hours after the container is emptied, whichever is late 7,`I�, S . 3236 ?INTERFERENCE WITH REFUSE CONTAINER. It is unlawful for any person, other than the owner. of a refuse container or any officer, agent or employee of said owner, of the City, or of the person holding a contract for collection of refuse from such container, to interfere in any manner with any such container or to remove such con- tainer from the location where same sha have been laced. by the owner thereof, or by said owner's agent^7 7- ii S . 3237 IMPROPER SUBSTANCES IN CONTAINER. No person shall place or cause or permit to be p aced 7n any refuse container, anyy, substanc or material other than refuse as defined in this chapter.(z 13L S-�-L��� S . 3238 MOVING OR CONVEYING REFUSE IN CITY. No person shall remove or convey or cause or permit to be removed or conveyed, any refuse on or along any public street, alley, or other public place in the City except a person legally operating a efuse co tion service in the City as provided in this chapter�7�= /3U '-i /&7 S . 3239 VEHICLE FOR COLLECTION. All vehicles used in collecting and transporting refuse shall be provided with metal bodies and shall be so constructed. as to be water tight and to prevent the loss of any contents being collected or transported therein upon the streets , alleys, and other public ways in the City. Such vehicle shall be thoroughly cleansed daily ,s,�o as to educe or eliminate odors and decayed or rotten materials ./13(,5-1 �4" HEALTH 1iE.PU,'j'E COL OCTION & DISPOSAL s . ,24o } ARTICLE 324 FUSP COLLECTION o-`11 71 12-s, i365J ► 3ga-��� S . 3240 CITY CONTRACT FOR COLLECTION. The City may enter into a contract. with some responsible person to provide a basic level of service for the collection of refuse in the City at the times and in the manner prescribed in said contract which contract shall run for a period of not more than five (5) years . The City may, in award- in such c)tract for collection of - refuse, advertise for bids . (1365a '/2,/,7 13 Vf 540 72T7y, S . 3241 COLLECTION BY CITY. The City or its authorized agent shall operate . and maintain a service for the collection of refuse from single family residences on a regular, scheduled basis approved by the City Council, provided collection shall be made at least once a week. Refuse generated and accumulated at single family residences shall be collected exclusively by the City, its duly authorized agents or employ- ees , or by a contractor with whom the City may have entered into a con- tract for such service, provided that the owner or occupant of such residences may contract with the City, or its contractor, or any other person legally operating a refuse service in the City for the collection and removal of all materials and substances not included in this chapter as refuse and all refuse in excess of that amount of refuse collected in the basic level of service . 3 (oS- t z/!0�) S . 3242 COLLECTION - NON SINGLE FAMILY. Multi-family residential, commercial and industrial units may have their refuse collected in the same manner and for the same rate as a single family residence provided the refuse generated by such unit does not exceed the basic level of service shall contract with the City or with any per- son legally operating a refuse collection service in the City or the collection of refuse in excess of the basic level of service Q 365- r' S . 3242.1 Upon notification of the Director of Finance upon forms supplied by said Director, the owner, or person in control of any multi-family residential, commercial or industrial unit which is contracting for refuse service shall not be liable for th charge for the basic level of service provided for in this chapter a HEALTH REFUSE COLLECTION &: DISPOSAL S . 3'?()o ARTICLE 326 CERTIF CATE OF PUBLIC NEED AND NE ESSITY S . 326o CERTIFICATE OF PUBLIC NEED AND NECESSITY REQUIRED. It shall be and . it. is hereby. declared to be unlawful for any person to operate or conduct any refuse disposal service in the City unless such person has previously obtaii,ed a Certificat of Public Need n Necessity to do so, as provided in this article .�09- Z l3(�S- /3/&-7) I S . 3261 APPLICATION FOR CERTIFICATE. Any person desiring to obtain a Certificate of Public Need and Necessity, required by this article, shall make application therefor to the City Council by filing the same with the City Clerk. Each application shall be accompanied by a performance bond in the amount of Ten Thousand ($10,000) Dollars, as well as a fee of Twenty-Five ($25) Dollars for the processing of the application. Said bond shall be in the form required by the Huntington Beach Ordinance Code for other performance bonds . Said applicatio shall be, i� writing and shall set forth the following information: 13G5`- 12 2 J (a) Name, age, business and residence address and telephone numbers of the applicant, if a natural person, or if a corporation, its name, date and place of incorporation, address and telephone number of its place of business and the names and addresses of its princi- pal officers; or if a partnership, association or unincorporation company, the names and business and. residence address and telephone numbers of the partners of the persons comprising such association or company. (b) An accurate map of the district, territory or area proposed to be serviced by the applicant. (c) A description of the methods of operation. (d) A statement in detail as to the public need and necessity. for ad.ditional refuse service in the City of Huntington Beach. (e) A statement as to what offenses including moving traffic violations, if any, any person(s) mentioned in sub-section (a hereof, have been convicted . (This includes a plea of guilty. 3 (f) A description of the type of refuse service to be furnished . (g) A description of the vehicles , including color, make, .sikze, license number, and special refuse collection equipment, to be used . (h) One set of three standard size fingerprint cards bearing the finger- prints of each person mentioned in sub-section (a) hereof. (i) One recent identification photograph of each of the persons in sub- section (a) hereof. (j ) Such other information as may be required by the City Council or the Chief of Police . _ 1 L" S . 3262 REFUSE COLLECTION & DISPOSAL HEALTH S . 3262 PROCESSING THE APPLICATION FOR CERTIFICATE . ' Upon receipt of an application for a Certificate of Public Need and. Necessity the, city clerk shall immediately forward a copy of the application to I;Y,f: Chlo I of, PolicF: who shall Investigate the character fitness and calar,,.1..1.1.'.1.r;10,1rjr,;, of.' ocvcry pr: rsur, whoc,e name, ,appear.. on such applic titioA. Upon corrcpletion of said investigation, the Chief of Police: shall mit such application to the City Administrator, together with his . reasons therefor. After study, the City Administrator shall thereupon transmit such application to the Paty Council, together with his recom- mendations upon such application S . 3263 CITY COUNCIL ACTION. Upon receipt of an application for a Certificate of Public Need and Necessity, and the recommenda- tions of the Chief of Police and the City Administrator, the City Council, after consideration, may deny the application, grant the same, or modify the same, as the Council- deems necessary for the protection of the publicC�health, safety, we are, peace, and morals of the citizens of this city.(9dg_6�LIz/ S . 3264 NOTICE TO APPLICANT - APPEAL. The City Clerk, in writing, shall notify the applicant of the Council 's decision. Within ten days after the mailing of such notification, the applicant may demand, in writing, a public hearing . If he does not do so, he shall be deemed to have consenteor a reed to su denial, granting of modifi- cation of the application 90-V,, /36 S . 3265 PUBLIC HEARING BEFORE CITY COUNCIL. If a demand for a public hearing is filed with he city clerk-as provided in this chapter, the city council shall hold at least one public hearing within thirty days after such demand is filed . The city clerk shall serve or mail by registered or certified mail, notice of the time and place of said hearing, not less than ten days prior to the date set for public hearing, upon the City Administrator, Chief of Police, the applicant, and any person designated on the application to receive notice of ! the city council 's action or the public hearing. The mailing of such notice, with postage prepaid, addressed. to the applicant or to such other persons hereinabove designated., at the respective ad.dresses specified in the application or demand for hearing shall constitute sufficient notice 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 ref se collect* n service to operate in the same area of the city�o°l-��ZVIs' S . 3266 BUSINESS LICENSE REQUIRED. Every person, owning, operating or conducting a refuse collection disposal service in this city shall, in addition to and after obtaining 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 the Huntington Beach Ordinance Code . No such business license issued by the city to any person prior to the time such person is granted a Certificate of Public Need and. Necessity by the City Council shall be valid HEALTH REFU:,.I-; COLT,ECTION & DISPOSAL S. 326Z S. 3267 INACTIVE CERTIFICATES. NOTICE AND HEARING. All busi- ness, 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. No certificate of need and necessity shall be revoked pursuant to this section without a hearing before the City Council duly noticed be giving ten (10) 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. From and after revocation of certificate, pursuant to this section, it shall be unlawful to operate or conduct business or services with- out obtaining another certificate of public need and necessity. . (1688 12/71). i IIEAL'TI1 F001) S . 3311 CHAPTER 33 FOOD ARTICLE 331. FOOD HANDLING ESTABLISHMENTS 332 . LUNCH. WAGONS ARTICLE 331 FOOD HANDLING ESTABLISHMENTS 125 - q�G S . 3311 DEFINITIONS . The following terms used Irl- this 0- d.inance shall have the meanings indicated below//.Zsy- S . 3311.1 'Health Department or Department shall mean the Orange County Health Department, which acts as the health department of the City pursuant to resolution made under the provisions of Section 476 and 477 of the Health and Safety Code of the State of .Calif rnia. S . 3311.2 Health Officer shall mean the County Health Officer or his deputy or assistant d 3T author zed to act in his behalf in case of his absence or incapacit S . 3311.3 Inspector shall mean 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 authorize -.)to inspect premises or equipment for the enforcement of this Ordinance eL ) S . 3311.4 Premises shall include land, buildings , vehicles and ships and other vessels wherein food is handled, stored, distri- buted, prepared, processed, served or sold, and al s equipment installed or used in food establishments or on such premises . / 5-el S . 3312 PERMIT REQUIRED; CONDITIONS AND TERM. I S . 3312. 1 It shall be unlawful for any person or other legal entity to operate, within the City of Huntington Beach, any business in which food is prepared, sold or served for public consumption upon the premises or elsewhere, or any food processing or manufacturing plant, or any store, vehicle, vessel' or facility for the sale, storage or re- tail or wholesale distribution of foods or beverages , without first applying for and receiving a Food Vending Permit for such operation issued by the Health Department under the provisions of is Ordinanc S . 3312 .2 The places of business for which such permi are required -shall include, but shall not be limited to, any restaurant, cafe., lunch counter, cafeteria, soda fountain, ice cream parlor, soft drink stand, fruit and vegetable stand, ,grocery, meat market, bakery, popcorn or peanut stand, bottling plant, wholesale warehouse, food vending vehicle and vessel, and businesses which service vending machines located in the City of Huntington Beach, regardless of the location of the facilities from which such vending machines are erviced . S . 3312 .3 FOOD HEALTH S . 3312.3 This Ordinance shall not apply to cigar stands or other places of business or vehicles where no food of any kind is sold, other than candy, or soft drinks received, and sold in sealed YtaL ers, nor to vehicles engaged in the deliv ry of food. product tc T,,ihoiesale or retail establishments for resale �51�f T��7� 12-5y.,� S . 3312 .4 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 business, the character of the business which is proposed to be conductec,� and suc4a other information as the Health Department may require . q S . 3312 .5 No permit shall be granted, renewed or reinstated unless the Health Department determines , upon making an investiga- tion, that the place of business .for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist on the premises which are, or which may be, unsafe, unsanitary, unwholesome or detrimental to t� he of the patrons, consumers , employees or the general public /�S;q 0�) S . 3312.6 Ivor shall a permit be granted, renewed -or reinstated unless the Health Department determines that the condition of the p rernises is in accordance with the requirements of all applicable pro- vi- ions of the California Health and Safety Code , of the ordinances of the City of Huntington Beach, of this Ordinance, and of all rules and regulations promulgated under Section 3318 below, and that said premises are c gable ofebeing operated in accordance with such laws and. regula_ - tions �S�/- S . 3312 .7 Issuance of Health Permits . Permits may be issued 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 premises or in the vehicle for which it .is/issueq. 11649- 6/71) C 7/(J,) S . 3313 CONSTRUCTION, CONVERSION AND ALTERATION. Prior to the construction, conversion or alteration of a building for use as a food establishment, or construction orupurchase of a model of vehicle not previously under permit to any person in the City, two 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. ordi- nance s . ! Sq- 9/cA S . 3314 SANITATION REQUIREMENTS . All bus ine'sses and premises for which a permit is required by this Ordinance shall be con- structed, equipped , operated and m jintained. so as to comply with the following sanitation requirements .+1�Sq-9� HEALTH :.. FOOD S. 3314.1 fi_ 3314.1 Ingredients used in. -the preparation of foods or beverages , and all foods or beverages shall, at all times , be pure, free from adulteration and spoilage, shall have been obtained from ap- proved sources , when such approval is required b law., -and shall other- wise be fully fit for human consumption.6 5 q S. 3314.2 All foods , beverages; -utensils and equipment shall, at all times , be protected from contamination and pollution by dust , dirt, flies , vermin, rodents , animals , unnecessary handling, drop- let infection, overhead leakage, insecticides , rodenticides , cleaning comp-aunds and other poi .onous or, deleterious substances , and all other forms of contamination.C/2S4-�4 ) S. 3314.3 All readily perishable foods or beverages , and any foods or beverages , and any foods or- beverages capable of sup- porting the rapid and progressive growth of micro-organisms which can cause food infections or food- intoxications , shall , when being held, stored, distributed, transported or displayed for sale or service, be maintained at or below a temperature of 50°F. All such foods or bev- erages , when being maintained hot for serving, or while being served hot , shall be kept at a temperature above 140°F. No such foods or beverages shall be held at such temperatures for such periods of time and under such conditions which can cause food intoxication or infection. Accurate thermometers shall be installed in all refigerators and food warming devices so as to be readily visible; and thermometers shall be readily visible; and thermometers shall be,,readily available for measuring the temperatures of perishable foods./ �aScf_g/ga S. 3314.4 All employees preparing, serving, or handling food shall wear clean washable outer garments or other clean uniforms and shall keep their hands clean at all times while engaged in handling food, beverage, or utensils. All such food handlers shall wash their , hands and arms with soap or detergent and warm water before commencing work after -using toilet facilities and before returning to work, a4er at such other times as are necessary to prevent contamination of foo (1! -V_Y S. 3314.4.1 All employees shall wear hairnets , caps , headbands , or other suitable . coverings which confine the hair. Where- ever practical, employees serving food shall use tongs or other implements rather than their hands., The use of tobacco in any form by an employee while handling or serving food, beverage, or utensils is prohibited. No employee or other person shall use tobacco in any form in any room or space used primarily for the preparation of food, and the employer shall post . and maintain "No Smoking" signs in such rooms or place o�2 sy- S. 3314.5 No person shall be employed in connection with a food establishment who , in the opinion of the Health Officer, is affected with, or a carrier of, any disease . in a state which is likely to be communicable to persons ex nosed as a result of the affected employee ' a normal duties as a food handler2 5" a) S. 3314-6 All premises shall be so constructed, equipped, operated and maintained so as to prevent the entrance, harborage and breeding of rodents , flies , insects and other vermin. The doors, windows and other openings of all premises shall be .fitted with self- closing doors , screens o other. med anical devices to effectively exclude flies and other insects 1�X �G S 3314.7 FOOD HEALTH S. 33.14.7 The floor surfaces of all rooms in which foods or bev- erages are stored or prepared, utensils are washed, or refuse or garbage is stored, and the floor surfaces of toilet , lava- tory, dressing or locker rooms , and of walk-in refrigerators shall be of smooth, hard , impervious easily cleanable construction and material, The walls and ceilings of all such rooins. shall be constructed of light-colored, smooth, impervious washable material; except that the walls of rooms used only for the storage of foods in unopfned original containers may be of other easily cleanable construction,(/�5-L( ,g/& S. 3314.8 All rooms and areas shall be provided with sufficient lighting to facilitate sanit ry food andling and cleaning procedures , and to prevent safety hazard s./zS I/ Sm 3314.9 Sufficient ventilation shall be provided in all rooms and areas to dissipate disagreeable odors , condensation, steam, grease and vapors , combustion products, and other atmospheric pollutants; and ventilation. shall be sufficient to provide a reasonable condition of comfort for employees. All cookipg equipment shall be provided with mechanical exhaust ventilation equipment , as required to/-remove cooking . odors , steam, grease, vapors and combustion products �Slq_9/ S. 3314610 The water supply shall be from a source approved by the Health Officer. All plumbing shall be installed, main- tained and operated so as to prevent potential contamination of the water supply, foods and utensil washing equipment. Hot and cold run- - ning water under pressure shall be provided in all areas in which food is prepared or utensils are washed, and such areas shall be provided with at least a two-compartment sink, with drainboards, constructed of metal or other impervious material approved by the Health Officer, At least a single-compartment janitorial sink with hot and cold run- ning water shall be provided for general c -can-up �tivities in all food handling businesses , except vehi1.cles11 So33.14.11 Suitable space of adequatesize to allow orderliness and cleanliness shall be provided for all food handling operations and the storage of foods , beverages and equipment. Adequate and suitable enclosed space shall be provided for the storage of .janitorial and maintenance supplies and equipmen I Sq 9/� S. 3314.12 All multi-use utensils , display cases , counters , shelves , racks , tables , refrigeration equipment , sinks and other equipment or utensils used in the preparation, service, storage, dis- tribution or display of foods.: or beverages shall be made of non-toxic materials and so constructed, installed and maintained as to be readily cleaned, and shall be kept clean and in good repair. All equipment and utensils shall be washed d sanitized according to methods ap- proved by the Health Officer. /aSy-9X' S. 3314.13 With the excepts n of vehicles , toilet facilities shall be provided on the premises and convenient to employees. Where there are five or more employees of different sex, separate .toilets shall be provided for each sex. Toilet rooms shall be sepa� rated from other portions of the premises by tight-fitting self-clos- ing doors. Hand-washing facilities shall be provided. for employees within or adjacent to toilet_ rooms , ' and shall, be equipped with hot and cold running water through a mixing-type faucet.. Handwashing detergent or soap and Lnitary towels' in dispensers shall be provided at handwashing basins. _t4 q/6 HEALTH FOOD S. 3314.14 S. 3314.14 Except for vehicles , ,a room - or enclosure separated from toilets or any food storage or,-food preparation area shall be provided where employees may change and store their outer garments. No employee shall dress r undress or store his clothing in any -other area on the premises.�,�sc�/-�4 S. 3314.15 All sewage and liquid wastes shall be discharged into the public sewerage system or into °n ividua sewerage disposal system approved by the Health Officer / -, S4-���. S. 3314.16 All premises shall be provided with such facilities and equipment as are necessary to properly store or. dispose of all waste materials. All food waste and rubbish containing food waste shall be kept in tight , nonabsor.bent , rodent-proof containers covered with tight-fitting lids.. The containers shall be maintained in a clean and sanitary condition. All food waste and.- rubbish shall be removed and disposed of in a san iltary manner as frequently as may be neces.sary to prevent a nuisance 2 S 4. ,/ S. 3314.17 Living and sleeping quarters shall be. separated entirely, by a solid partition, from the .food handling business, No couch, cot , bed or other sleeping accomodation shall be maintained or kept in any room where food is- prepared, stored or served. /2<y_ S. 3314.18 The premises , equipment and all utensils shall be kept. clean and sanitary, free of vermin and in good repair. No live animal, bird or fowl shall be kept or allowed:'.in any,,ffood establishment , with the exception of dogs used by the blind S. 3315. Suspension of Permits. A permit issued under this Ordi- nance or its predecessor may be suspended, under the procedure set forth in Sections 3316 through 3316.4 for any of the following reasons : (a) Violation of State law. (b) Violation of this Ordinance. (c) Violation of the rules and regulations adopted pursuant to Section 3318, or (d) ; Upon a recommendat ' on for revocation f the permit, pending a hearing thereon. S/ - �G S. 3316. Notice of Violation.. When any of the aforesaid laws, this Ordinance, 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 aright to a hearing, upon request , and (f) That if no hearing is requested, 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) - abo`ve, the permit will be suspended from that time until such violations are corr tedo E5, 3316.1 FOOD .,HEALTH-- S. 3316.1 Hearing. . The permit holder shall have the right to a hearing: on all vi-olations listed in the notice. The per- mit shall, however, be suspended unless the--Department receives from the permit holder, before 9:00 A.M. of the date specified under Section 3316 (d) , a written or oral request for a hearing, or 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 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 t-o each violation, the order shall either: (a) Suspend the permit until it is corrected, or (b) ENtend 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. ICAs-c� -g�� S. 3316.2 Revocation for Repeated Violations. If there shall have been three or more Notices of Violation issued within-- the 12 month period immediately preceding the current violation as to the premises in question as provided in Section 3316.1 , and not overruled upon hearing, the order of ' the person conducting the hearing or, if no hearing is held, of the inspector , who is responsible for the third such notice , shall recommend to the Health Officer whether or not the permit shall be revoked as provided below. If it is so recommended, the permit may- be ordered suspended forthwith, by the Health Officer, pending the hearing on such proposed revocation. Upon such a recommendation for revocation by the person conducting the hearing, the permit in question may be revoked by the Health Officer after hearing, •upon his finding that such violations were serious enough and showed lack of responsibility towards the pub ° c health as to require such revocation to protect the public health S. 3316.3 Suspension For Refusal of Entry. It shall be a violation of this ordinance for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises de- scribed in Section 3312 above, or any portion-thereof; and in such event the inspect may forthwith spend the Food Vending Permit issued for the premises. fr/��qb / zS�-c, S. 3316.4 Summary Suspension. enever an inspector finds unsanitary or other conditions in the operation of any food establish- ment. 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 premises as provided in Section 3316.1 above, except that instead of the matter specified under (f) , it shall state that the permit is ;,*rbmediAtd.ly: suspended• and shall set forth the substance of the following sentence. 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 to 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. 11s 1 9�64 HEALTH FOOD S . 3317 S . 3317 SUPERVISION OF CLOSING DOWN PREMISES : When any permit is first suspended hereunder, or when any premises governed hereby as defined in Section 3312 shall have been closed for business and left in an unsanitary condition, the Health Department shall have . the power to enter to insure that . the premises are closed down in a manner which will not endanger the public health. If the permittee or. his employee in charge cannot be found, or is unwilling or unable to remedy the condition of the premises, the owner of the premises shall be notified of the unsanitary conditions and shall be required to take u�q_9h re dial action as may be necessary to obviate such con- dition (/� �� S . 3318 RULES AND REGULATIONS . The Health Officer may adopt and enforce rules and . regulations necessary to administer this Ordinance 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 . (c) Inspections of premises and reporting thereon. S . 3319 PENALTY. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a, fine not less than Twenty-five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a, period not ex- ceeding six (6) months, or by both such fine and imprisonment . (12541 -y I HEALTH FOOD So 3321 ARTICLE 332 NCH WAGONS 8g7-z,�z S . 3321 Lunch Wagons Rest ctedo �f t is unl ful 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 foodstuffs 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, S . 3322 Motor Vehicles . Prohibiting Sale of Food From: It shall be unlawful for any person, firm or corporation owning, driving or having control of any wagon or vehicle used in or for carrying on 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 in- tended for use as food for human consumption, to sell, give away, or dispose of any articles named above to any schoolchild on any street, alley, lane , way or public place within a radius of 800 feet of any school, park, playground or City or metropolitan Park and/or operated recreation center. (887# - - i HEALTH WATER DEPARTMENT S . 3411 CHAPTER . 34 WATER DEPARTMENT ARTICLE 341. CREATION OF WATER DEPARTMENT 342 . SERVICE CONNECTIONS • 343 . FEES, -RATES AND:DEPOSITS 344. REGULATIONS APPLYING TO USE OF WATER 345. EXTENSION OF WATER MAINS ARTICLE 341 CREA N OF 'WATER DEPARTMENT S . 3411 WATER DEPAR NT CREATED. Ther is hereby created a Water Department for the City of Huntington Beach 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 . (6741rcjj( S . 3412 WATER SUPERINTENDENT, CREATION OF: The office of Water Superintendent of the Huntington Beach Water Department is hereby created and the City Council shall appoint such Water Superin- tendent who shall hold office during the pleasure of the Council and shall receive such compensation for his services as the Council shall direct . (6740- 11�5,) S . 3412 . 1 Acting/Water Superintendent: The City Engineer of the City of Huntington Beach shall be the Acting Water Superintendent of the Huntington Beach Water Department until such time as the City Council shall appoint a Water Superintendent. The City Engineer shall receive no additional compensation for services . rendered as Acting Water Superintendent, unless directed by the City Council. (6741-lY57) S . 3413 WATER SUPERINTENDENT. DUTIES OF: The Superintendent of the Water Department of he .City of Huntington Beach shall be responsible for the operation of said. Water Department and. the per- formance of the duties, obligations and requirements as set forth in Chapter 34 of the Huntington Beach Ordinance Code, and shall perform such other duties a may be designated from time to time by the City Council. (6741 •.- i// S . 3414 The Superintendent of the Water Department of the City of Huntington Beach is hereby authorized and. directed. to ad.d. sodium fluoride to the water in the city water systepi in such amounts that the total fluoride content of such water shallt.not exceed one part fluoride per million parts of water. (1594-8/70) S. 3421 WATER DEPARTMENT HEALTH ARTICLE 342 SERVICE CONNEQTIONS (,74-11 57 S. 3421 Application Form: Before wat r can be served from the City mains to any person or for any premises , such per- " son 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. (6741.-%, S. 3422 Separate Service Connections Required: Every premise supplied by City water shall have its own separate ser- vice connection with the City Main, and the premises so supplied shall not supply water to any other premises. (674J _jy� 1 S. 3423 Service Connections. Multiple Occupancies on Same Premises : Where more than one occupany is placed on the same par- cel of property and each is conducting a separately established residence or business , a water meter shall be required and in- stalled for each occu�ancy, unless otherwise approved by the Water Superintendent. (674 - IYCp) S. 3424 Service Connections : Exceptions : (a) Where there exists a dwelling on the rear of a lot , in front of which is another dwelling, one service may be provided for such premises. The cost of such water meter installation and service shall be paid by the owner or party receiving service. (b) Where two or more buildings owned by the same person are built upon the lot , said buildings may be served by one service pie• and one meter if approved by the Water Superintendent. (674 - 1y) S. 3425 Service Connections : Split of Pro ert : Whenever one service pipe and meter has been serving more than one occupancy on the same parcel of property owned by one owner, and the property ownership is sever.ed;' the Water Superintendent may in his discretion re ire separate service pipe and meter for each occupancy. (6741= lx> - S. 3426 Interfering with Pipes : No person shall, without the permission of the Water Superintendent , or his duly appointed agents or employees , remove, change, disturb , or in any way tamper with or interfere with any of the facilities , apparatus , appliances or property used or maintained for the production, storage or supply of water by the City to consumers thereof; nor shall any person without the permission of the Water Superintendent install any pipe ,apparatus , appliance or connect n to any part of the "`system of water works in the City. (674) - l/ I HEALTH WATER DEPARTMENT S . 3431 ARTICLE 343 1Zq FE RATES AND D,413OSITS ' "l41-► s7 7ZI T15!', 7q2 l00%J►0041Z1713g3-Aj13y4 -gy_1 S . 3431 SERVICE F The Wate Depa.rt4� nt, as co d ition to granting the application and furnishing water service to the premises, is authorized to charge and shall collect in advance the following sums for the purpose of reimbursing the City for the cost of the system and future replacements and extensions thereof . (a) The sum of Thirty and no/100 ($30.00) Dollars for each dwelling unit on parcels containing less than . ten-thousand (10,OOOT square feet . A "dwelling unit" shall be each residential quarter in hotels, apartments, and motels, and each trailer space providing permanent facilities in trailer parks . (b) For any parcel containing ten-thousand (10,000) square feet of area, or more, One Hundred and Fifty and no/100 ($150.00) Dollars per acre or each fraction thereof, of Thirty and no/100 ($30.00) Dollars per dwelling units, whichever is greater . A "dwelling unit" shall be any unit defined in 3431 (a) above . The charge of $150.00 per acre shall apply to all commercial and manufacturing developments, and those portions of trailer parks which accommodate overnight parking. (c) Those areas served by a, water main constructed and charged as determined by another ordinance or executed agreement ma,y be exempt from the dwelling unit charge in 3431 (a) if said other ordinance or agreement charge is greater than charge per said 3431 (a.) . (674, 723, 1001, 1100) t I/s7 17 s/sy L 9/63 L 111W S . 3431. 1 Installation and Meter Fees . In addition to the fee set forth in Section a above, the Water Department shall charge and collect in advance, the following amounts for the installa- tion of water connections and meters: (a) A sum equal to the actual cost of labor and material in laying such service line, including the cost of the meters, the cost of replacing pavement, plus ten percent (10%) for overhead . The cost of such installation shall be estimated by the Water Depart- ment, and such .estimated cost shall be paid by the applicant to the Water Department before the work of connecting the main with . the property is commenced . Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and overhead, the deficit shall be charged to the property for which such installation was made and paid by the owner thereof. Any excess payment shall be returned to the person applying for installation . (674$ - 1)/5� S . 3431.2 WATER DEPARTMENT HEALTH S. 3431.2 Installation by Applicant. The Water Superintendent may in his discretion authorize an applicant to make the installation at applicant 's own cost, and in conformity wit the specifications set forth by the Water Department. (6741-11/S7 S . 3432 WATER RATES. The water rates to be charged and collected monthly or bi-monthly as may be determined by the City of Huntington Beach from consumers of water supplied by the City are hereby established and the Water Department is hereby authorized and directed to charge and collect the same as follows ; DOMESTIC, COMMERCIAL AND INDUSTRIAL SERVICE Quantity Rates First 1000 cu. ft. or less $ 2.25 Next 1000 cu. ft. per 100 cu. ft. 0.20 Next 1000 cu. ft. per 100 cu. ' ft. 0.18 Next 2000 cu. ft. per 100 cu. ft. 0.16 5,000 to 15,000 cu. ft. per 100 cu. ft. 0.14 15,000 to 100,000 cu. ft. per 100 cu. ft. 0.12 Over 100,000 cuo ft. per 100 cu. ft. 0.11 MINIMUM CHARGES Size of Service Minimum Charge Per Month Water in Cu. Ft. 5/8" or 3/4" $ 2.25 1,000 1" 3 .65 _ 1,70Q 12" 4.25 2,000 2" 6.05 3,000 3" 12.05 7,000 4" 22.55 14,000 6" 35.25 25,000 8" 47.25 35,000 10" 67.25 50,000 12" 101.25 80,000 A charge of $1.00 shall be made for each unit in excess of one connected to each meter. Unit shall mean any building or a portion of a building consisting of one or more rooms separated from the rest of the building by a partition, occupied independently of the other parts of said building, or- another building, 1100, 121-7, 1343-A, 1344 /qb <;/-7y IL Oro i HEALTH WATER DEPARTMENT S . 3432. 1 S . 3432. 1 Water Rates : Construction Purposes : All construction water shall be taken from existing outlets designated by the Water Department or from special outlets installed at the expense of the consumer. If•in the determination of the Water Department, the setting of a meter is impracticable or uneconomical for the supply of construction water, the charge for such unmetered water shall be as follows : (1) Housing Tracts or Sub-divisions will be a flat rate of $5.00 per unit during construction. (2) General Construction: (a) For each one-hundred (100) lineal feet of curb - Twenty cents ($0. 20) . (b) For each one-hundred (100) square feet of sidewalk - Ten cents ($0. 10) . (c) For each one-hundred (100) square feet of concrete pavement - Twenty cents ($0. 20) . (d) For each barrel of cement used for other construction - Ten cents ($0. 10) . (e) 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 ($0.80) . (f) For larger trenches a proportional charge shall be made as estimated by the Water Department. (g) For settling each one-hundred (100) square feet of graded street - Ten cents ($0. 10) . (h) For settling filled ground a charge will be made for a quantity of water equal to one-third the cubic contents of the fill at a rate of Twenty cents ($0. 20) per one- hundred (100) cubic feet. (i) For miscellaneous uses not herein specified, the quantity of water shall be estimated by the Water Department and charged at the rate of Twenty cent ($0. 20) per one- hundred (100) cubi fee `.11, 47921-�� �� X7, / S . 3432. 2 Water Rates . Other Uses . Schools . Fairgrounds , Etc : 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.- (674k- I S . 3432. 3 WATER DEPARTMENT HEALTH S . 3432.3 Private Fire Service Rates : The monthly rates for private fire service protection shall be at the follow- ing 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 �7 511-3/1,0 S . 3432.4 COMMODITY ADJUSTMENT CLAUSE. This clause shall be applicable to the areas served by the City of Huntington Beach. Water charges will be based on the per cent use of pumped water as against purchased water and their related costs . 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. 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 increa e in rate blocks under the Commodity-Adjustment Clause . (12171-�v/�� i HEALTH WATER .DEPARTMENT S . 3433 S . 3433 Applications for Water Service : 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 (4) times the sum of the minimum charge for the type of service rendered, but -in no event less than ten ($10.00) 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 discontinued, and then only in the event that all water bills , 'nes and penalties .of the .consumer have been paid in full. (674y-I%S7 S . 3434 Water Rates . 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 ($3 .00) Dollars shall a made for- -restor- ing the. water service to the premises . (674j -/V 7 Water Rates . Payment of Water Rates . Whenever the distribution line of the municipal water system shall be duly connected with the premises of any person, and the water , . ......tLirned on .such premises ,_ the charge for water -s.hall 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 said premises , whether the same is actually used or not. (6741 - 1h % S . 3435. 1 Date .Payable. 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 shall become delinquent on the fifteenth (15th) day thereafter and if not paid thirty (30) days after the mailing date the Water Superintendent is hereby 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 con- sumers of water, it shall not be turned on again except upon pay_. ' ment of the amount due, together with the additional sum of Two and Fifty One •Hundred ($2. 50) Dollars which is hereby made a penalty for the failure to pay the said te, and to pay the Department for turning on water. (6741- 77 HEALTH WATER DEPARTMENT S. 3436 S. 3436 Vacating Premises : Whenever a consumer shall vacate any pr-emises , . he shall immediately give written notice there- of to the Water -Department. Upon the receipt of such notice , said Department shall read the water -meter, shut off .the water from said premises and immediately present the said consumer all unpaid bills for water furnished by the City to him up to *that time. Thereupon said consumer shall pay said bills to the Water- ;Department. In the event that said consumer shall have made a deposit with said Depart- ment , as-' required in Section 3433 of---this Article, the balance, if any, of such deposit shall be returned to the consumer, after ,de- 4ucting therefrom the amount of said bills. Until such notice and payments shall have been made, said premises shall be d emed occupied by such consumer and his liability continued. (6741 -1157 S. 3437 Change of Address : Failure to receive mail will not be recognized asa 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 v6nsumers of City water -must be filed in writing a he Water .D-epartment on forms provided for that purpose. (674�'-j17 S. 3438 Renewin, 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, to- gether with any turn-on charge imposed by Section 3434, the water will be turned on. (674� �� S. 3439 Adjustment of Rates : The Coucil shall have the sole power to grant rebates from the rates specified in this Article to indigent persons and, in the event of any dispute as to the water r to t paid byy consumer, it shall determine the same. (674�► -�15� S. 3439.1 Water Fund. All monies' 'collected -from fee-s and charges under Chapter 34 of the Huntingt-on Beach -Ordnance 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 39/6 of the gross revenue received from the sale of water by the W er Department in lieu of franchise and property taxes. .(738�- 1/�� S. 3441 WATER DEPARTMENT HEALTH ARLICLE 344 74 - I t /s7 REGULATIONS .APPLYING TO USE -OF -WATER S. 3441 Use of Water During Fire. No -per-son -shall use any water for irriga ion 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. (674J_ %1) S. 3441.1 Wastage of Water. No person shall waste water -or allow it to be' wasted by imperfect or leaking stops , valves, pipes , closets , faucets, or other fixtures , oruse water closets without self-closing valves , or use the- -water for purposes other than those -named in We application upon which rates for -water are based, or use it in violation of any of the provisions of any ordinance of this City, provided further that no person shall drain or permit water- to drain upon any public street or alley, . r over any private property not owned by such person. (6741 - 1y�) S. 3442 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 maintained, - repaired and renewed by the Water Depart- ment when rendered unserviceable by normal wear and tear. Where replacements , 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: b.een sb '-.attadhed. (674f ly57) S. 3442.1 Meter Tests : Where the accuracy of record of a water meter is questioned, it shall be removed at the con- sumer ' 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 (39/6) percent of the meter ' s registry, the excess of the consumption on the three- previous readings 'shall be credited to the -consumer ' s meter account , and the Water Depart- ment 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 re ueste the test shall pay the charge, fixed for -such test. (674 :r! *7 i HEALTH . , WATER DEPARTMENT S. 3442.2 S. 3442.2 Same. Deposit-o 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 : (1) For -testing 5/8 inch meters. . . . . . . . . . . . . . . . . . . . . . . .$..:�.50 (2) For testing 1 inch meters. . . . . . . . . . . . . . . . . . . . . . . .$ '2.50 (3) For testing Di inch meters. . . . . . . . . . . . . . . . . . . . . . . .$ 5.00 (4) For testing 2 inch meters. . . . . . . . . . . . . . . . . . . . . . . .$10.00 (5) 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. (674V t I�57V S. 3443 Meters .on Curb Line. All -meters of the Water Depart- ment shall be placed at the curb line of the street or near the property line -in alleys, whenever -and wherever practicable, and be protected 1nd m *ntained as a part- -of the operation of the Department. (674 !�-2 S. 3443.1 Meters Insidde Premises. Where a water meter is placed inside the .premises of a consumer, for the convenience of said consumer, provisions shall be -made for convenient meter reading and repairing by representatives -df the Department. Failure U, 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 i stallation is made at the curb line as herein provided.' (674�- y;) S. 3443.2 Consumer ' s Responsibility: The City shall in no way -whatsoever be responsible for any damage to person or property because of any leakage, brealg&ge or seepage from, oraaccident or damage to any meter or pipe situated- within any private premises , and said City shall not be responsible for any leakage, breakage or seepage from any pipe situated between any meter properly installed at the curb .and the private premises served thereby nor shall said City be responsible for or on -account of any damage, injury or less occasioned directly or indirectly by the existenc of any meter -or pipe .situated upon private property. (674)- IVS 7 S. 3444 Use of Fire Hydrants. Public fire hydrants shall be -placed, maintained and r.bpaired by the Water Department. Any damage thereto by persons or -agency other than representatives of the Fire and Water Departments , 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. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Water and Fire Departments or such persop�s as may be authorized to do so by the Chief of the Fire Department , o9c-- the Superintendent of the Water Department as herein provided. (6741-lyj , S. 3444.1 WATER DEPARTMENT HEALTH S. 3444.1 Same. Permit For, All persons desiring to use wa er 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 'Department , second, from the Superintendent of the Water Department , who shall issue no such permit to any person who has violated any of the provisions of this Ordinance 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 'liydrants must provide hydrant wrenches for the operation of such fire hydrants. (674 - I11S7 S. 3444.2 Same. Cancellation of Permit : 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 ofcancellation shall be in writing delivered or mailed to the persons to be notified- and shall be immediately effective and enforced. (674 IY 7) S. 3444.3 Obstructin Fire H drants : No person shall obstruct he 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 w+@ter therefrom, except as provided in Section 3444.1. (6741 - 1VS 7 S. 3445 Repairs or Extensions: 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 distributing system, as long as necessary without notice to consumers , at any time of emergency, but in all cases of extensions or connections , said Department shall notify occupants of the premises of the necessity of shutting off water -and the probable length of time -th w*gter shall be so shut off before taking such action. (674 -s7,5 ) S.. 3445.1 / Drawing Water Into :Steam Boilers : No stationary steam boiler shall be connected directly with the water distribution system of said City, but in each and every case a suitable tank of storage capacity sufficient fora twelve hours supply for said boiler shall be provided and the service pipe supplying said to4 all discharge directly into the top of said tank. (674 _0157 HEALTH . WATER DEPARTMENT S . 3445.2 S . 3445 .2 Report of Violations: It shall be the duty of the employees of the Police, Fire and . Street Department to give vigilant aid to the Superintendent in the enforcement of the provisions of this Ordinance and to this end they shall report all violations the 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 Superintendent in case of . fire in premises having metered servic for fire protection purposes that fire has occured there . (674( - 11 S . 3446 SALE OF WATER OUTSIDE. CITY PROHIBITED: It shall be unlaw- ful 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 exist in excess of that required by the inhabitants of the City. (674# iP�) S . 3447 PROTECTING CROSS-CONNECTIONS: An approved double-checked valve or other approved back flow protection devices shall be installed in all existing water systems of all consumers within ninety (90) days of the passage of this Ordinance- and in all systems installed thereafter, at the expense of the consumer, before service will be continued or granted when any one of the following conditions apply: A. CONDITIONS . (1) Where an unapproved fresh water supply is already available from a, well, spring, reservoir or other source . If the con- sumer agrees to abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this supply the installation of back-flow protection devices will not be required . (2) Where sale water or water otherwise polluted is available for industrial or fire protection purposes . (3) Where the premises are or may be engaged in industrial pro- cesses 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 . (4) 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 . (5) Where the premises are used for a trailer park. 1 S. 3447 WATER DEPARTMENT HEALTH B. OTHER CONDITIONS. (1) 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 backflow preventive devices. (2) As a protection to the consumer 's plumbing system, a suit- able pressure relief valve must be installed and maintained by him at his expense,- when check valves or other protect- ive devices are used. The relief valve shall be installed between the check valves and the water heater. (3) 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 en- tering such premises , buildings or structures shall be protected by an approved backflow device, regardless of the use of the additional water supply lines. (4) 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. (5) Such check valves shall not be considered adequate if backflow protection is deemed necessary to protrect the City's mains from pollution or contamination, but the installation of approved dual backflow devices at such meters shall take the place of, and satisfy the require- ment for standard check valves. (6) The double check valve or other approved backflow pro- tection devices may be inspected and tested periodically for -water tightness by the City. (7) 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. (8) The servie 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. (6741 _11j 7 HEALTH WATER DEPARTMENT S. 3451 ARTICLE 345 EXTENSION OF WATER."MAINS S. 3451 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 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 Dep-artment and made the deposit as herein required, the Water Department shall install such mains and services, subject to provisions of paragraph (d) below, such line shall thereupon become and remain the -property of the City Water Depart- ment. (d) 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 in- stallation the applicant shall immediately pay to the Water De- partment 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 said extension lines at applicant ' s sole cost and expense in accordance with specifications approved by the Superintendent , and such line shall thereupon becom an remain the property of the City Water 'Department. (6741- 1//T S. 3452 Requirement -for -Oversize Main Line Extensions : 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 Superintendent so determi s , he shall require the larger. size line to be installed. (6741 - 11157 S. 3452.1 Determination of Superintendent Finals The determination of the Superintendent ;" the Water -Department as to the size of the 'line necessary to meet` applicant 's need and his determina- tion of the size of the line which would best serve the interest of the City Water System shall be final and binding on applicant. (6741-ly7 S. 3452.2 WATER DEPARTMENT HEALTH S. 3452.2 Installation of Oversize -Main -Line Extensions : 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 a cordance with the- pro- visions of Section 3451 hereof. (6741 ,1 S. 3453 Cost of Installing Oversize /Main Line Extensions: The cost of installing the oversize line shall be paid for by applicant , subject 10 the proviiifons for refunds as hereinafter set forth. (674VIX7) S. 3454 Conditions Governing Refunds. Notwithstanding any other provisions of this- Ordinance, the payment of refunds shall be governed as follows : (a) Refunds shall be payable for period of five (5) years only from the date of applicant ' s application for main line ex- tension. (b) Refunds shall be made fromr. subsequent development as set forth in Section 3431 of the Huntington Beach Ordinance Code. (c) Refunds shall not exceed 90% 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 corpora- tion, 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• zany refund by reason of its failure to collect or receive from any person the service fee for -connf4cting 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 accrue-d 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 I 'able to applicant for refund because of said connection. (7621 . HEALTH WATER .DEPARTMENT So 3455 .Se 3455 Water.-Right to be Deeded Whenever.. land_..is- to be sub- divided, any water wells , mains and easements needed therefor;. . which may be appurtenant thereto or which may be used ex- clusively 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 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 in the para- graph above, are used to supply water to additional land not sub- divided, the City may allow such wells and equipment to continue to supply such un-subdivided portion until such time as such parcel is subdivided into four (4) more , parcels of land containing five (5) acres or less , (674) _ f HEALTH SANITATION DEPARTMENT S. 3511 CHAPTER 35 SANITATION--DEPARTMENT- ARTICLE 351. CREATION OF- -SANITATION "DEPARTMENT 352. SEWER, CONNECTIONS 353. FEES AND DEPOSITS 354. EXTENSION .OF SEDER MAINS ARTICLE 351 CREATION OF SANITATION-'DEPARTTMENT S. 3511 Sanitation "Dep-artment -Created. There is hereby created a Sanitation---Department for the City of Huntington Beach which shall embrace and include all property of every character used in or incident to the collection, conveyance, 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. (741//) S. 3512 Sanitation Superintendent. Creation of: The office of�2/5� Sanitation Superintendent of the Huntington Beach Sanita- tion Department is hereby created and the City Council shall appoint such Sanitation Superintendent who shall hold office during the pleasure of the Council and receive such c m ensation for his services as the Council shall direct. (7416 - ►z��� S. 3512.1 Acting Sanitation Su erintendent. The City Engineer of the City of Huntington Beach shall be the Acting Sanita- tion Superintendent of the Huntington Beach Sanitation Department until such time as the City Council -shall appoint a Sanitation Superintendent. The City Engineer shall receive no additional com- pensation for the services rendered as Acting Sanitation Superinten- dent ,.unless directed by the City Council. (74l y -)Z�S9 S. 3513 Sanitation -Su erintendent. Duties of. The Superintendent of the Sanitation -Department ment of the City of -Huntington Beach shall be responsible for the operation of said $anitation Department and the performance of the duties, obligations and re- quirements as set forth in Chapter 35 of the Huntington Beach Orddi- nance Code and shall perform such other duties as be designated from time to time by the. City Council. (741 /z� ;ay S. 3521 SANITATION DEPARTMENT HEALTH ARTICLE 352 SEWER. ONNECT-JONS_ S. 3521 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 appli- cation for such services upon a form provided by the City Sanitation Department. Performance of this work is subject to- the cond' t ' ns of Section 7217 , Huntington Beach Ordinance Code. (7411 - 1�k5"°( S. 3522 Interfering with Pipes. No person shall, without the permission of''_ he 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, applkahaes 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 or connecti n to any part of the system of sewer works in the City. (741) -1�{SJ S. 3523 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 back-fill may be pla a prior to inspection and approval of the connection. (7411 - 1q-, ARTICLE 353 FEES- *ND -DEFO :ITS 70 S. 3531 Connection Fee. The anitati n-Department as a con- dition togranting the application for sewer connections , is authorized to charge and shall collect in advance those sums which shall be estab-lished by the City Council for the purpose of reimbursing the `co'st for the cost of the sys� and future re- placements and extensions thereof. (741 -iz/59 S. 3532 Service Fee. The Sanitation Department , as a con- dition 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 reimbursing the City for the cost of the system and future replacements- and extensions thereof. . (a) The sum of Ninety and no/100 ($90.00) Dollars for the first dwelling unit , ,plus the sum of Sixty and no/10-0-ICT6_0770-0-1— Dollar-s for each additional dwelling unit on parcels con- taining less than en- housand (10,000) square feet in area, except those properties covered by Sections 3532 (c) and/or (d). , HEALTH SANITATION DEPARTMENT S. 3533 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 (10,000) -square feet of area or -more, Three Hundred and no/100 ($300.00) Dollarser •acre or each fraction thereof or Sixty and no/100 ($60.00p Dollars ver dwelling unit whichever is-- greater except.. those properties covered by Section 3532 c and/or (d). A "dwelling -unit" shall be any unit which is included in the definition as given in Section 3532 (a). $300.00 per acre shall apply to all commercial and manufacturing developments , and those portions of trailer parks which accommodate over- ., night 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 ser- . vice fee for the first unit will not be charged but Sixty and no/100 ($60.00) for each "dwelling unit" in excess of one per lot will be charged, except those properties covered by Sections 3532 (d). (d) For those areas served -by a sanitary sewer constructed and charged on -a front foot basis as determined by a separate agree- or- by a separate section of the ordinance, the amounts specified in said agreement or ordinance shall be charged, unless these amounts are less than that provided in Sections 3532 (a) , (b) or (c). The ordinance or agreement which would provide the greater fee will apply. (1001, 1100) L 9��03 C J 11,� S.. 3533 Users Responsibility. Th-e- City shall in no way whatso- ever be responsible for any damage to person or property because of any leakage, breakage, or seepage from, or -accident , or damage to any sewer pipe or its appurtenances situated, within any private premises , not shall said City be responsible for or on, account of any damage, injury or loss occasioned directly or in- directly by the existence of any sewer pipe r its appurtenances situated upon private property. (741,�►- /Z/5q l S. 3541 SANITATION DEPARTMENT HEALTH ARTICLE 354 EXTENS N OF SEW - MAINS 7yl -rzSq S. 3541 Application. Depos Inst lation: Any person, as owner or subdivider of a single lot, subdivision or tract of land, who desires the extension of sewer mains and connec- tions to such lot , subdivision or tract of land, shall file written application with the Sanitation Department. Any number of per-sons - may join together in a single application. (a) 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 estimated cost of installing all facilities from the nearest existing main of adequate capacity. (b) If and when the applicant has complied with all the require- ments of the Sanitation Department and made the deposit as herein required, the Sanitation Department -shall install such mains and connections , subject to provisions of paragraph (c) below, such sewer mains, connections and appurtenances become and remain the property of the City. (c) 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. (d) 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 the Superintendent , - and such sewer main and appurtenances shall they upon become and remain the property of the. City. (7411� � S. 3542 Requirement -for Oversize Sewer--Extensions. 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 a main 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. (7411-/Z/9 S. 3543 Det-ermination of --the Superintendent- Final. The deter- mination 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 the City shall be final and binding on applicant. (741 /y HEALTH SANITATION DEPARTMENT , S. 3544 S. 3544 Installation of -Oversize Main -Ext-ensions -'When the -Superintendent of the -Sanitatkan-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-- shal - re- qu4re the installation of such oversize sewer main. (74-LW -I2/S9 S. 3545 Conditions Governing Refunds. Notwithstanding any other provisions of his- Ordinance the payment of refunds shall be governed as follows : (a) Refunds shall be payable for a period of five (5) 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 3532 of this Ordinance. (c) Refunds shall not -exceed 90'1 of offsAe construction costs. (d) Re-funds shall bear no interest. (e)L_ 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 to 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 connec- tion 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. (h) The City retains the right to allow a connection by an public agency exempted from payment of connection fees and shall not be liable o applicant for refund because of said connection. (741y-/2/� HEALTH MISCELLANEOUS S . 601 CHAPTER 36 MISCELLANEOUS ARTICLE -360 MOBILE X-RAY UNITS 15 9- 70 S . 36o1.. DEFINITIONS . Mobile X-ray Unit means any X-ray generator which is, or can be used for the purpose of making medical diagnostic photoflurogrphic 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. Mobile X-ray Operator means any person or other entity, o owns or legally possesses, or operates a mobile X-ray unit . 569 -`�/��J S . 3602 SCOPE. All mobile X-ray units shall comply with the require- ments of the Radiation Control Law, Division 20, Chapter 7.6., California Hea --h and fety Code, together with regulations enacted pur- suant thereto S . 3603 . INVESTIGATION. Any person or entity desiring to operate a mobile X-ray unit within the City of Huntington Beach shall make application to the County Health Officer on forms prescribed by him for issuance of a license . The County Health Officer shall cause to be conducted an investigation of said applicant for a license to determine, among other things, the following items of information: (a.) That said unit has a valid state registration as provided by Division 20, Chapter 7 .6, California Health and Safety Code . (b) That said 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) That the proper public notices, as required by state law, regulations enacted pursuant thereto, and local ordinances, 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 provided . (e) The applicant and his specified personnel are qualified by reason of training and experience to operate a mobile X-ray unit in such a manner as to provide reasonable assurance of protection to health, life and property. (f) The applicant ' s equipment, facilities, proposed uses and procedures are such as to provide reasonable assurance of protection to health, life and property. (g) Such other information as shall be required by the County Health Of icer.. 5 (off-gl7v' S . 36o4 MISCELLANEOUS HEALTH S . 36o4 LICENSE. 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 compliance 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 operations of mobile X-ray equipment have been certified by the County Health Officer to operate same. . Licenses may be granted at any time during the year, but all licenses shall expire at the end of the calendar year. 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 piTs. n other han the applicant or the persons specified in his licens66 _ J/a S . 3605 CONDITIONS OF OPERATI All mobile X-ray units shall be operated so as to comply with the following conditions: (a) No person under the age of fifteen (15) years ia_.to be X-rayed unless- such person has had a positive tuberculin skin test and pre- sents a written statement, signed by a licensed practitioner of the healing arts, showing the method 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 (15) 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 practitioner of the healing arts. A sign shall be posted in a prominent location on the mobile X-ray unit stating that no pregnantlwoman 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 ander fifteen (15) years of age, whether the person has had a positive tuberculin skin test, and the date of such test. (d) All X-ray films shall be retained by the operator for at least ten (10) years. Each patient shall receive from the mobile X-ray operator a report 60 his X-ray findings within thirty (30) days. Every thirty (30) 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 said person gives his consent in writing. The operator may make a reasonable charge for such service . HEALTH MISCELLANEOUS S . 3605 C f (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 examination at least once a year. " The County Health Officer shall have the right to determine the location, size, and wording of all required signs . (g) The mobile X-ray operator shall give the County Health Officer notice at least fourteen (14) 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 of Huntington Beach. (h) 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 (3) inches high. The name and add.ress of the mobile X-ray operator . shall appear on all forms, letters, pam- phlets or other printed matter 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. ( i) The mobile X-ray operation shall comply with all applicable city ordinances and res tions bile operating within the City of Huntington Beach. 4 S . 36o6 SEVERABILITY. If any section, subsection, sentence, clause, phrase or . portion of this article, or any future amendments or additions thereto, is for any reason held to be invalid or unconstitu- tional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article, or any future amendments or add.itions thereto. The City Council of the City of Huntington Beach hereby declares that it would have 07- adopted this article and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, _irre- spective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amend s or dditions thereto be declared invalid or unconstitutional /SG�_J� i SAFETY DIVISION 4 DIVISION 4 SAFETY t CHAPTER 40. GENERAL It 41. FIRE. 42 . ANIMALS 43 . DEFENSE-DISASTER I I E I i i - 1 I i i l SAFETY GENERAL S . 4011 CHAPTER 40 , GENERAL. ARTICLE 401. SHOOTING 402 . CONCEALED' WEAPONS 403. DRUNKS 404. REGISTRATION OF PERSONS CONVICTED OF CERTAIN CRIMES 405. INHALING, BREATHING OR DRINKING CERTAIN SUBSTANCES 406 . SLEEPING IN VEHICLES 407. MIRRORS ARTICLE 401 SHOOTING /,-s/o9 S/3- � asr.,t, �►1 L - ��5� /W1 -3/7/ S . 4011 DISCHA E OF FIREARMS PROHIBITED. It is ereby declared 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 of Huntington Beach any rifle, shotgun, pistol, revolver or other firearm, or any air gun, air pistol, or air rifle, or any other weapon which emits a pro- jectile as a result of pressure exerted at the breach, with the following exceptions : �a� When it may be necessary to d.o so to protect life or property; b Shotguns may be used for the extermination of destructive animals or b ird.s only with written permission of the Chief of Police; (c) The use of the Huntington Beach police range as authorized. and supervised by the Huntington Beach Police Department . (d.) Any police training exercise that has received the prior authoriza- tion of the Chief of Police; or (e ) Firearm exhibitions which have first received a permit - in writing for such p rposes issued by the Chief of Police . (16, 5135 11165 1644 —�/7t ) -' 510o -'�/Zg 4/cos S . 4012 PENALTY. Any person convicted of a violation of any provi- s�ion of this article shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding L; Five Hundred Dollars ($500) , or both such fine and imprisonment . (1641) S . 4013 SEVERABILITY. If any section, subsection, sentence, clause�� or phrase of this article 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 remain- ing portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article, and each section, subsection, sentence, clause or phrase the'reof, irrespective of the fact that any one or more sections, subsections, sentences, ause; or phrases may be declared invalid or unconstitutional. (16411 -3/!� S . 4031 GENERAL p SAFETY ARTICLE 402 CONCE D WEA ONS 75- _5 it S . 4021 CONCEALED WEAPONS PROH ITED. No person, other than a public officer, or person having. secured a per 't so to do, shall wear or carry concealed on or about his person, any istol, dirk, or other dangerous weapon or deadly weapon . (751 — Sot S . 4022 EXCEPTIONS: KNIVES: SCISSORS . The ordinary pen knife, pocket knife, or toilet shears are not deemed dange us or deadly weapons within the provisions of this Article . (75# - . ) S . 4023 PERMITS . The Chief of Police is hereby authorized to grant a written permit to any peaceable person, when in his judg- ment he may deem it necessary, f-Qr such person to carry concealed weapons for his own protection . (75y -3/') ARTICLE 403 DRUNKS S . 4031 DRUNK IN PUBLIC PLACE . No person shall lie'/or sleep in or upon any street, alley, sidewalk or other public place, within the corporate limits of this City, or q ear thereon or therein in a drunken or intoxicated condition. (721 - � S . 4031 . 1 Drinking in Public Place . No person shall drink any malt, spirituous or vineous liquor containing more than one-half ' of one per cent of alcohol by volume, upon any public street, alley, sidewalk, parkway or other public place within this City, whether such person is or is not in ) upon any automobile or other vehicle or con- veyance . (72, 4071 -2/5 L 7/j S . 4032 DISORDERLY HOUSES . It is unlawful for any person to keep a . riotous house, or permit any riotous or disorderly con- duct in any house, yard or premises connected therewith, owned or occupied by such person, or be guilty of any riotous or disorderly conduct in any house, yard or premises whereby the peace, quiet, or decency of any rson in the neighborhood of such house, may be dis- �rbed . (72� S . 4033 DRUNK ON PRIVATE PREMISES . No person shall be on any pri- vate premises or in any private house in a state or intoxi - tion or drunkenness to the annoyance of any other person . (72, 4070 -Y3$ S . 4034 ALLEGATION OF PRIOR CONVICTIONS . Upon the filing of a com- plaint under this Ar is e, he person filing same shall ascertain from the Police Department the number of previous convictions and shall add an allegation to said co m laint setting forth the said number of convictions . (72, 508J— ���7 SAFETY GENERAL S . 4035 S . 4o35 VIOLATION: PUNISHMENT. Any person violating any provision cf this Article . shall. be deemed guilty of a misdemeanor and upon conviction shall be punished as follows: (a) . 1st Conviction. Upon the first conviction thereof, by imprisonment not exceeding 3 months or by a fine not exceeding $200.00 or by both such imprisonment and fine ., (b) 2nd, 3rd, 4th Convictions . Upon a second, third or fourth convic- tion, by imprisonment not less than 10 days or not more than 3 months or by a fine of not less than $25.00 or not more than $300.00, or by both such fine and imprisonment . (c) 6th to loth Conviction. Upon a sixth or any subsequent conviction not exceeding the tenth conviction, by imprisonment not less than 20 days nor to exceed 6 months . (d ) llth to 15th_ Conviction. Upon the eleventh or any subsequent con- viction not exceeding the fifteenth conviction, by imprisonment not less than 1 month nor more than 6 months . (e ) 16th to 2 Oth Conviction. Upon the sixteenth conviction and any subsequent conviction not exceeding the twentieth conviction, not less than 2 months or more than 6 months . (f) 21st to 30th Conviction. Upon the twenty-first conviction and not exceeding the thirtieth conviction, by imprisonment not less than 3 months nor more than 6 months . (g) ':list to 40th Conviction. Upon the thirty-first conviction or any subsequent conviction not exceeding the fortieth conviction, not less than 4 months nor more than 6 months . (h) 41st or Subsequent Conviction. Upon the forty-first conviction or any subsequent conviction, not less than 5 months nor more than 6 months . (72, 508) S . 4036 FINALITY Or SENTENCE. Said penalties shall be i posed without 71-ght . of suspension of probation. (72,508 0- �1 �711 SAFETY GENERAL S . 4041 ARTICLE 404 RE ISTR�yA��TION OF PERSONS 56 / j117461 "Yo S . 4041 REGISTRATION OF CONVICTED CRIMINALS. Every person who, within 20 years prior to the effective date of this ordinance, has been or who is hereafter convicted, in or on parole or probation from any Federal Court or the Courts of this State, or any State of the United States , of or from any felony, or any misdemeanor involving narcotic or hypnotic drugs under the laws of the State of California, or of any State of the United States , or of the United States of . America, and for such violation committed to a penitentiary either State or Federal, (except in the case of a misdemeanor involving narcotic or hypnotic drugs , in which case there shall be no requirement of commit- ment to a penitentiary for this Section or Sections 4042, 4043, 4044, 4045, 4046 and. 4047 to apply) who comes into the City of Huntington Beach from any point outside of such City, whether in transit through said City, or otherwise, and every such person who at the time this Ordinance becomes effective is residing or is at present within said. City of Huntington Beach, shall report to the Chief of Police of said. City of Huntington Beach within 48 hours after his arrival within the boundaries of said City, and shall furnish to such Chief of Police in a written statement signed by such person, the true name of such person and each other name or alias by which such person is or has been known, a full and complete description of himself, the name of each crime hereinabove in this Section enumerated of which he shall have been con- victed, together with the name of the place where each such crime was committed, the name under which he was convicted, and the date of the conviction thereof, the name, if any, and location of each prison, reformatory or other penal institution in which he shall have been con- fined as punishment therefor, together with the location or address of his residence , stopping place or living quarters in said City, and each one thereof, if any or the address or location of his intended residence, stopping place, or living quarters therein, and each one thereof with a description of the character of such place, whether a hotel, apartment house, dwelling house, or otherwise, giving the street number thereof, if any or such description of the address or location thereof as will so identify the same as to make it possible of location, and the length of time for which he expects or intends to reside within the territorial boundaries of said City. At the time of furnishing such information, said person shall be photo- graphed and fingerprinted by said Chief of Police, and said photograph and fingerprints shall be made a p rt of the permanent record. herein provided for. (656j —,?/7/ 7q6 _ j/� SAFETY GENERAL S . 4042 S . 4o42 WRITTEN STATEMENT. Every person residing within the City of Huntington Beach at the time this Ordinance becomes effective, who has been convicted within such twenty year period , in any such court, of, or is on parole or probation from any crime in Section 4041 hereof enumerated, shall within 48 hours .from and after the effective date hereof furnish to said Chief of Police, in a, written statement signed by such person, all of the information required to be furnished under the provisions of said Section 4041 hereof, together with the oto- gra,phs and fingerprints hereinbefore provided for. (656] -2/7 S . 4o43 RESIDENCE CHANGE. In the event that any person specified in Section 4041 or Section 4042 hereof shall change any such place of residence, stopping place, or living quarters to any new or different place or places within said City of Huntington Beach other than any place last shown in such report to said Chief of Police, he shall within 24 hours after the making of such change, notify the said Chief of Police in a, written and signed statement, of such change of address and shall furnish in such written statement to said Chief of Police, his new address and each one thereof. It shall be unlawful for any person required by any provision of this Article to furnish any such report, to furnish in such report any false or fictitious, or any address other than a true address or intended address, or to furnish in making any such report any false, untrue, or misleading information or statement relating to any information required by any- provision of this Article to be made or furnished . (6561 -yo) S . 4044 RECORDS . Said Chief of Police shall cause to be made a per- manent record of all information, photographs and fingerprints required by the provisions of this Article to be furnished to, or by him and to forthwith furnish a copy of said records, photographs and fingerprints to the District Attorney of Orange County; said records, photographs and fingerprints shall at all reasonable times be open to the inspection of any peace officer having jurisdiction within the territorial boundaries of said County, including the municipal corpora- tions therein . (656,1 .2sj� S . 4045 FAILURE TO COMPLY UNLAWFUL. It shall be unlawful for any person required by any provision of this Article to furnish any such report or information to fail, neglect or refuse to make such report or to furnish such information, photographs or fingerprints, or to fail, neglect or refuse to render or furnish the same within the time hereinbefore prescribed, or to fail, neglect or refuse to furnish to said Chief of Police within such time any information, photographs or fingerprints required to be furnished by any provisions .of this Article or to furnish any false, untrue, or misleading information or statement relating to any information required by any provision of this Article to be made or furnished . (656k -Z/s-,1 S . 4046 GENERAL SAFETY S . 4046 EXEMPTION FOR PARDONED OFFENSE. Nothing in this Article shall be deemed or construed to apply to any person who has or who shall have received a full pardon _or each such crime whereof he shall have been convicted . (656# -2&7 S . 4047 PENALTY. Any person violating any provision of this Article shall be deemed guilty of a, misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed Five Hundred Dollars ($500.00) or by .imprisonment in the City or County Jail for a period of not to exceed six (6) months, or by both such fine and imprison- ment . Each separate day, or any portion thereof, during which any violation of this Article occurs or continues, and each failure, neglect or refusal to make any such report or furnish any such information, photograph or fingerprints during each or any day or portion thereof, from and after the expiration of the time specified in this Article within which such report must be made, or such information, photograph or fingerprints furnished , shall be deemed to constitute a separate violation hereof, and a separate offense hereunder, and upon convic- tion therefor eacti such violation shall be punishable as herein pro- vided . (6561-215-7 S . 4048 CANVASSERS . DEFINITIONS: Unless the provisions of this Ordinance or the context otherwise requires : (a) "Canvasser" means any person not having an established place of business in the City of Huntington Beach 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 Chapters 21 and 22, of the Huntington Beach Ordinance Code, as amended . (b) "Agent" shall include employee, representative, and any person soliciting ord.ers or subscriptions or making sales on a, commission basis . (c) The term "established place of business" means the place where any person, firm, or corporation conducts a retail or wholesale business or other establishment having a permanent address and licensed by the City of Huntington Beach to conduct a business and being regularly open for bus in ss from day to day during ordinary business hours . (7461- ��o SAFETY GENERAL S . 4048 . 1 S . 4048 . 1 Canvassers . Registration. It shall be unlawful for auy canvassers to go from house to house or -upon the public streets and sidewalks for the purpose of soliciting' orders , subscrip- tions 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 or subscrip- tion is taken or the sale made , unless he shall have previously registered with the Chief of Police of the City of Huntington Beach in the manner hereinafter specified. (7460 -V60� S . 4048 . 2 Canvassers . Registration Statement: Every canvasser shall, before commencing .any soliciting or making any sales in the City of Huntington Beach, personally appear before the Chief of Police of the City of Huntington Beach or his authorized representative , and file with the Police Department a registration statement containing .at least the following information : (a) Name in full . (b) Address , both permanent and temporary of 'the canvasser. (c) Whether or not the registrant has .been convicted of a felony, a crime involving theft or larcency or a crime involving 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 said registration, permit and allow the Chief of Police or his authorized representative to take his or her fingerprints and photograph. .(7461-- 1/0) S . 4048 .3 It shall be unlawful for any canvasser to make or per- petrate any misstatements , deception or fraud in connec- tion with any solicitation for orders , subscriptions , or sales or to make any false , deceptive f�or misleading .statements in the registra- tion statement. (746 �0 S . 4048 .4 Canvassers . Exceptions : This ordinance shall not apply to salesmen or solicitors regularly employed by any wholesale house or jobber who take or solicit orders from retailers or other merchants conducting a regularly stabi hed place of business in the City of Huntington Beac 7 S . 4048 . 5 -GENERAL SAFETY S'. 4048 .5 Nothing in this Ordinance shall be construed. as to re- place or eliminate any of the provisions , or -requirements of Chapters 21 and 22 of the Huntington Beach Ordinance, Code requiring business licenses . (746� S . 4048 .6 Any person, firm or corporation violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500. 00) or by imprisonment in the City or County Jail for a period of not more an six .(6) months , or by both such fine and imprisonment: (7461-o S. 4048 . 7 If any section, paragraph or provision of this Ordinance be declared invalid for any reason, the City Council hereby declares that it would have passed all other portions of this Ordinance independent of any portion that may be declared invalid. (746Y•- ,, ARTICLE 405 ! INHALING, BREATHING OR DRINKING CER,TAIN SUBSTANCES r1'33 -IO `y S . 4051 Inhaling, Breathi or Drinking Certain Substances . No person shall inhale, breathe or drink any compound, liquid, chemical, or any substance 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, irra- tional, or in any other manner changing, distorting or disturbing the eyesight, thinking process , balance , or coordination of such person. For the purpose of this part, any such condition / induced shall be deemed to be an intoxicated condition. (9331 -/Y S . 4051. 1 The provisions of Section 4051 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, ntist, or pediatrist authorized to so direct or prescribe . (933j -/ t2l S . 4052 Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500. 00) or by imprisonment in the City or County Jail for a period of not more than six (6) months , or by both such fine and imprisonment. (9331 -%?" ARTICLE 406 . SLEEPING IN VEHICLES - (12 7 01 -I low S . 4061 It is hereby declared unlawful for any person to sleep in any vehicle parked any place in the City of Huntington Beach between the hours of 9:00 P.M. of one day and 9:00 A.M. of the next day/ '270 -13,'�� SAFETY GENERAL S. 4071 ARTICLE 407 MIRRORS 153 -!O(' S . 4071 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 wilfully interfering with the vision of any .poli.ce officer, peace officer , specia, officer of the city while in the performance of .his duties . ` 1535-10y S . 4072 PENALTY. Any person convicted of a violation of an3r.provi- sion of this article shall be punishable by imprisonment in jail for a, period not exceeding six (6) months, or by fine not exceed- ing Five Hundred Dollars ($500) , or by both such fine and imp sonmenti (%535-/a/qr S . 4073 SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this article, or the application thereof to any person, 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 article or its application to other persons . The City Council hereby declares that it would have adopted this article and each subsection, subdivision sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases or portions or the applicat n thereof to any person, be declared invalid. or unconstitutional 153S-1�5, SAFETY FIRE S . 4100 r CHAPTER 41 l FIRE r ARTICLE 410 FIRE PREVENTION CODE 4413j 'f 31, lq (047 6 - S . 4100 ADOPTION OF FIRE PREVENTION CODE. There is hereby adopted by the City Council of the City of Huntington Beach 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 California Fire Chief°s Association, being particularly the 1967 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies have been and are now filed in the office of the Clerk of the City of Huntington Beach and the same, together with Appendices A-E and amend- ments thereto, are .hereby adopted and incorporated as. fully as though set out at length herein, and from the date on which this code shall Lake effect, the provisions thereof" sh be controlling wi in the limits of the City of Huntington Beach 4.100.1 Establishment and Duties of Bureau of Fire Prevention. (a) The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention . of the ,Huntington Beach Fire Department, which bureau is hereby established and which shall be operated under the super- vision of the Chief of the Fire Department. (b) The Chief in charge of the Bureau of Fire Prevention 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 Fine Department to the Burea f Fire Prevention as he shall from time to time deem necessary S . 4100.2 Definitions . (a) Wherever the word "municipality" is used in the Unifor Fire Code , it shall be held to mean the City of Huntington Beach(_/ /31- y/S4-1%1/S/-�p (b) Wherever the term "corporation counsel" is. used in the Uniform Fine Code, it sha el be he d to mean th ttorney for the City of Huntington Beach )� 3 f - �s! / �� � ' G/G� 1 / So 4101 FIRE SAFETY S . 4101 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE, ABOVEGROUND TANKS IS TO BE PROHIBITED. - (a) The limits referred to in Section 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside , aboveground tanks is prohibited, are hereby established as all of Fire Zone No, 1 and Fire Zone No, 2 as defined in Chapter 81, Article 811 of the Huntington Beach Ordinance Code , except for those properties zoned for oil production, (b) The limits referred to in Section 15.401 of the Uniform Fire Code , in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as a 1 zones with- in the city except the M2 or heavy industrial zoned S . 4102 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED The limits referred to in Section 20o05a of the' Uniform Fire Code in which bulk storage of liquefied petroleum gas is restrict,eq are her established as the M2 or heavy industrial zone So 4103 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED, The limits referred to in Section 11,06b of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established-as all z s within the city except M2 or heavy industrial zone . `,q y—, � So 4104 AMENDMENTS MADE IN THE UNIFORM FIRE CODE, The Uniform Fire Code is amended and changed in the following respects : So 4104.1 Article 1, Division II shall be changed by adding thereto Section 10 27 to read as follows : Section 1. 27. 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 occurence, (b) Any hospital, convalescent hospital, physician, first aid station, or persons who treats or aids any person injured by a fire, explosion or chemical burn within the municipality shall, within twenty-four (24) hours , report such treatment and pertinent information ; to the Fire Department //- . L1 SAFETY FIRE So 41040502 (e) (e) Filing Dates . .Applications , together with application fees shall be submitted to the Fire Department on or.before May 27th- 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 premises or location for which it is issued; shall not be transferable, assignable or renewable , and shall be valid only for the dates specified in the permit. (f) Fees . (1) An application fee in the sum of Fifteen Dollars ($15) shall be paid by the applicant. No part of such fee may be waived or refunded. Fee shall be payable at time of application to the Fire Department. (2) A service . fee shall be paid by each applicant in----the sum of Ten Dollars ($10) to- cover the costs -of- service, mapping and- inspections , no part of which may be waived or refunded. This fee .shall be paid with the application fee . (g) If the application is approved by the Fire Department, it shall be submitted for consideration to the City Administrator on the first Monday in June in any calendar year, and the City Adminis- trator st grant or deny the permit within five (5) days there- after. S . 4104 .5.3 Section 12.09 . REGULATIONS FOR -THE -OPERATION OF FIREWORKS STANDS , All temporary fireworks stands shall be located, maintained and operated subject to the following regulations . Viola- tions of these rules shall be, grounds for the immediate revocation of the ope i s permit by the Fire Chief or his authoriz V represe tativea 3 AI �9 (a) Any person owning or operating any such stand shall comply with all conditions set forth by applicable laws , and imposed by the City Administrator in granting the permit. (b) A cash bond in the sum of One Hundred Dollars ($100) 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 12:00 midnight of July 8-of the year for which the permit is granted, Twenty-five Dollars ($25) of the bond shall be forfeited to the city. If the permittee fails to remove said stand, equipment and rubbish from the premises before 12:00 midnight of July 12 of the year for which the permit is granted, the full amount of such bond shall be forfeited to the city, J So 4104.5.3 (c) FIRE SAFETY The Fire Department shall make an inspection, or inspections , 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 hereinabove provided. Thereafter the City Administrator shall make disposition of the cash bond posted by permit- tee , as hereinabove provided, and written notice of such disposition shall be given permittee by the City Administrator. (c) 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 Three Hundred Thousand Dollars ($300,000.00) for death or injury of one or more persons , and Fifty Thousand Dollars ($50,000) property damage . 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 (7) days after the City Administrator has approved the permit. (d) Location Approval. In no case shall stands be allowed in the following locations : (1) Within three-quarters (3/4) mile of any other temporary stand; (2) On the ocean side of the Pacific Coast Highway; or (3) In Fire Zone No. 1, as defined in Chapter 81 of the Huntington Beach Ordinance Code . (e) 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. (f) 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. (g) No person shall light, or cause or permit to be lighted, any fire- works or any other article or material within any such stand, or within fifty (50) feet thereof. (h) No smoking shall be allowed in any structure used for the sale and display of fireworks nor within fifty (50) feet of said structure . "No Smoking" signs shall be prominently displayed in a number prescribed by the Fire Chief. SAFETY FIRE S . 4104. 5.3 (i) (i) All such temporary stands shall be constructed in accordance with existing city requirements and specifications . (j ) 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. (k) No arc or klieg light shall be located within seventy-five (75) feet of any temporary stand selling fireworks, (1) 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. (m) Permittee shall comply with all the provisions of Section 12600 through 12801 of the Health and Safety Code of the State of California . (n) Fireworks shall be stored and kept only in - the permittee 's sales booth. It shall be unlawful to store any fireworks in any build- ing, residence , garage , home , or automobile. within the City of Huntington Beach. (o) There shall be at least one adult in attendance during the open or sales hours of the fireworks stand. (p) 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. (q) No alcoholic beverage shall be allowed on the premises . (r) All permits must be posted in a conspicuous place open to public view. (s) 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 or offer 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. S . 4104.6 Article 13 , Division II , Section 13 . 24 to read as follows ; Section 12. 24 . HYDRANT USE APPROVAL. No person shall use or operate any hydrant or other valve installed on any water system .intended for use of 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 employed by; and authorized to make such use, y the water cO pa y which supplies water to such hydrant or other valv .//4/ - 'Y&qj 76r S . 4104.6 FIRE SAFETY S . 4104.6 Article 13, Division II, Section 13 . 24 to read as follows : Section 13 . 24 . HYDRANT USE APPROVAL. No person shall use or operate any hydrant or other valve installed on any water system intended for use of the municipal water department for fire suppression purposes and which is accessible to any public highway, alley or pri- vate 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 employed by, and authorized to make such use , by the water company which supplies water to such hydran or oth r valve . S . 4104. 7 Article 13, Division II , Section 13 . 27 is amended to read as follows : Section 13 . 27 UNSAFE BUILDINGS . All buildings or structures which constitute a fire hazard or are otherwise dangerous to human life by reason of inadequate maintenance , dilapidation, obsolenscence or abandonment, are for the purpose of this section declared to be unsafe buildings . Such buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures adopted by the municipality / glq- g S . 4104.8 Article 13 , Division II, Section 13 . 28 is hereby amended to read as follows : Section 13 . 28 REQUIRED ACCESS . To facilitate fire sup- pression operations , no building, or portion of a building, shall be constructed more than one hundred fifty (150) feet from an improved public street unless access through an area or private roadway is provided. Such area or roadway must be a minimum of twenty-five (25) feet in width, surfaced to support fire apparatus , have a vertical clearance of not less than twelve (12) feet, and terminate in a forty- foot cul-de-sac or hammerhead turning area S . 4104 . 9 Article 13 , Division III , Section 13 .30 is amended by add- ing subsections (d) , (e) , (f) , (g) and (h) to read as follows : (d) All premises where a building or portion of a building (other than dwellings) is hereafter constructed, or a commercial or manufactur- ing use is established, shall be provided with a public fire hydrant system capable of supplying sufficient fire flow as deter- mined by the Chief. SAFETY FIRE S.' 4104.`9 (e) There shall be installed within residential subdivisions one (1) fire hydrant for each 110, 000 square feet of area or portion thereof. Fire hydrants shall be spaced not`more than six .hundred (600) feet along .public streets , or -so that each dwelling is' within three hundred (300) feet of a fire hydrant. , (f) All portions_ of commerical and manufacturing , buildings -shall be •within- three hundred (300) feet of a public fire hydrant. (g) Fire hydrants shall meet the -specifications as outlined by the Chief and the Water Superintendent .. (h) The Chief may approve an alterna 've plan which will fulfill ;the intent of this sections y� y- (��� S . .4104. 10 Article 13 , Division III is amended by adding Section 13 .302 to read as follows : Section 13 .302. HOOD AND DUCT FIRE PROTECTION. (a) All hoods and ducts , where required for cooking surfaces by the Uniform -Building Code, Volume II, 1967 edition, except in dwellings and apartments , shall be equipped with an approved automatic fire protection system. All associated cooking units utilizing animal or mineral fats or oils and having an aggre- gate - liquid surface served by a common hood or duct in excess of three hundred fifty (350) square inches , shall have automatic fire protection. All systems shall be installed and maintained in accordance with all sections of this code and with the specifications of the approving agency. (b) ` Hoods , ducts and associated cooking equipment -. installed prior to the effective date of this article and sect*o .shall be made to conform with the requirements of this section-. y7,/_(,,,/,� jj S . 4104. 11 Article 13 shall be amended by adding Division V entitled, "APPROVED EQUIPMENT AND INSTALLATION, " and Section 13 .50 to read as follows : Section 13 .50 APPROVAL :R.EOUIRED.. ..No person .shall sell, offer for sale, or install, or cause or permit to be installed, or maintained, for the purpose of fire protection or extinguishment, any appliance., system or piece of equipment which has not .first -been tested. and approved by a nationally recognized fire-testing_ _agency. The installation of such items must be done in a workman- .like manner, by a qualifie erson, and in conformance with all appli- cable codes . and standard .�y�y 41&7 S . 4104 . 12 FIRE SAFETY S . 4104 .12 Article 15, Division II, Section 15 . 207 (f) is amended to read as follows : (f) Existing Oil Storage Reservoirs . The use of existing oil storage reservoirs with concrete lining and with a combustible roof covering, and built prior to the adoption of this section may be continued for the storage of petroleum .products with a flash point -in excess of one. hundred fifty (150) degrees . Such contained use shall be contingent upon the maintenance of minimum fire protection facil- ities existing as of July 1, 1962. Article 15, Division X, 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. Article 15, Division X, Section, 15 . 1002 . is amended by adding thereto -subsection a to read as follows : (e) The distances in subsections a, b, c and d above, in the discretion of the Chief, may be reduced if a six (6) foot masonry wall is contructed around the perimeter of the drilling site . A single opening of not more t twen (20) feet in width maybe allowed in this enclosed area 1yj �_�/a S . 4104. 13 Article 31 is amended by adding Section 31. 011 to read as follows : Section 31. 011. PERMIT REQUIRED FOR WELDING OR CUTTING. (a) No person, firm, corporation or copartnership shall perform any welding or cutting operation exxept 'as provided in Sec- tion 31.O1lb without first gaving obtained a permit 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 (2) When there is an approved permit system established for control of the fire hazards involved . SAFETY FIRE S . 4104. 13 .(c) (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. . Demon- stration of a working knowledge of the provisions of this article shall- constitu a accept a evidence of compliance with this requirement. �l/ - g S . 4104. 14 Article 32 is amended by ad ing there o the title, "MOTION PICTURE PROJECTION ' S . 4104. 15 APPEALS. 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 thin th- y (30) days from the date of the decision appealed. S . 4104. 16 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE 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 require 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 of e, and distribute copies to interested persons . c�/ - S. 4105 PENALTIES. (a) Any person who shall violate any of the pro- visions of this code hereby adopted or fail to comply herewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Huntington Beac'b Board of Appeals or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty or a misdemeanor, punishable by a fine of not less than $25, nor more than $600, or by imprisonment for not less than two (2) days nor more than three hundred sixty-five (365) days , or both such fine and imprisonment. The imposition of one penalty for any viola- tion shall not excuse the violation or permit it .to continue ; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time ; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense . S . 4105 (b) FIRE SAFETY (b) The application of the above penalty shall no;s -z be held to 'prevent the enforced removal of prohibited conditioY/� S . 4106 SEVMBILITY. The City Council of the City of Huntington Beach hereby declares that should any section, paragraph, sentence, or word of this article and chapter, or of the code hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this chapter and article independent of the liminatiq he efrom of any such portion as may be declared invali r 441�( - � 1 Title Insurance and Trust Company' TI �� r Home Office Los Angeles 90054 433 So. Spring St. • 626-2411 Unith 2311 SAFETY DEFENSE-DISASTER S. 4311 CHAPTER 43 CIVIL DEFENSE/EMERGENCY SERVICES (15 3 1757 - 7/72) b�9 ARTICLE 431. Purposes 432. Definitions 433. Civil Defense and Disaster Council 434. Officers 435. Civil Defense and Emergency Services Plan 436. Civil Defense and Emergency Services Organization 437. Emergency Curfew 438. Expenditures 439. Punishment of Violations ARTICLE 431 PURPOSES S. 4311 PURPOSES. The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the- emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corps tions, organizations and affected private erson,SG '�; 03 -(o/6� r 7 57-7/ Z ) ARTICLE 432 � DEFINITIONS 5(.,9 -Z5i ) 503 / i�s'� S. 4321 DEFINITIONS. As used in th�s chapter, "emergen shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other con- ditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilitie of this city, requiriAg the combined forces of other political subdivisions to combs . 5 (ocJ , �� ,/75'7 7/7 Z S. 4322 CIVIL DEFENSE. "Civil Defense" shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minim e, and repair injury and damage resulting from actual or threatened enemy attackC5,& L S. 4323 DIRECTOR. "Director" shall mean the Director of Ci efen a and Emergency Services of the City of Huntington Beach /Sb3- (O�� r S-7-7f S. 4324 DEFENSE-DISASTER SAFETY S. 4324 CIVIL DEFENSE/EMERGENCY SERVICES ORGANIZATION. "Civil Defense/Emergency Services Organization" shall mean the organization that prepares for and carries out emergency planning and civil defense and emergency operations by government, business and the community in general, in order to prevent, minimize and pair injury and damage resulting from actual or threatened emergency or. civil defens . ;503-�,J 115'7�7�2 S. 4325 CIVIL DEFENSE/EMERGENCY SERVICES PLAN. "Civil Defense/Emergency Services Plan" shall mean a written document which provides for the full utilization of all resources of a City of Huntington Bea , both human and material, during civil defense or emergency j ,5 �3_( I �57-V,y ARTICLE 433 CIV L DEFENSE AND DISASTER COUNCIL ?/ S. 4331 MEMBERSHIP. There i hereby created a Civil Deense and Di aster Council, consisting of the director who shall be .chairman, deputy director who shall be the vice chairman, Chief of Fire Department, or his representative, coordinator of Civil Defense/Emergency Services 'Planning and Training, and any city department head who may be appointed by the director, and representatives of civil, business, labor, veterans, professional, or other or nizations, not to exceed five (5 in number, as may be appointed by the director. (0�_2f:), /$0 3 - &J/ 1757- S . 4332 POWERS AND DUTIES. It shall be the duty of the Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council, civil defense and emergency service plans, mutual aid plans and agreements, and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Civil Defense and Disaster Council shall be advisory in nature, and may present such advice and recommendations as it deems necessary. The Civil Defense and Disaster Council shall meet upon call of the chairman, or in his absence or inability to call such me ting, upon the call of t chairman's authorized representative or the vice chairma ��,�j -Z/S(1 �S 03_ (o�@ �0s, SAFETY ANIMAL CONTROL S. 4211 C7� CHAPTER 42 ANIMAL CONTROL ARTIC 421. GEIGERA' 422. ANIMAL 423. DOGS 424. OTHER ANIMALS 425. WILD OR VICIOUS ANIMALS AND REPTILES 426. MISCELLANEOUS RULES ARTICLE 421 / GENERAL (!Definition of rms. j279-��7 "Chapter un-2 S. 4211 914" 8rSe purpse of this less it is plainly evident from the context that a different meaning is intended, certain .terms used herein are defined a fo gs��1 ows : /279-J; S. 4211.1 Dog shall include female as well as male dogs.1C�- g S. 4211.2. Owner. shall mean any person, firm or corporation owning, having an_ ' teresI in, or having control or custody or pos- session of any animal.rg5-16z S. 42,11.3 At Large shall mean an animal off the premises of its owner unless such animal be securely. confined -by a strong leash securely and continuo ly he d) by the owner of such .animal , or confined within an automobile.( ���,.�12 7q-V� S. 4211.4 Dog Kennel .shall mean any lot , building, structure , en- closure . or premises wherein three (3) or more canine nimals over tl� ge of four (4) months are kept or permitted to remain s-GZ . 12�9 7 �S. 4211. Cat Kennel shall mean any place where three (3) ,ar more feline animals are kept or permitted to remain =Y �-1 S. 4211.6 Animal shall include any beas , poultry bird , reptile , fish or any other dumb anima(. gg S-- S. 4211.7 Horse shall include mule, burro , pony, jack, hinny or ennJ� s�1�2 S. 4211.8 Person shall include any firm, p tnership , corporation, trust or association or person S. .4221 ANIMAL CONTROL SAFETx ARTICLE 422 ANIMAL CONTROL OFFICERS AND DUTIRS LIqq-2/11r g�s� / 279�45,57- 7o S. 4221 The offices of the Chief Animal Control Officer and Deputy. Animal Control Officer are hereby established i S. 4221.1 The Chief of Police shall be the Chief Animal Control Of- ficer.���9 2 �1S- -�1,7� S. 4221.2 The Deputy Animal Control Officer may be either a person, ; firm, association, corporation, another municipality, or the County of Orange, and shall be determined by the City Council. The Deputy Animal Control Officer shall serve for such period of time" and shall receive such compensation as shall be established by ordi- nance , resolution or by contract executed by the City Council. The Deputy Animal Control Officer is hereby authorized and directed to perform, in conjuction with and under the superv,ision..,of the Chief Animal Control Officer ,- the powers and duties herein bestowed upo and required to be performed by said Chief Animal Control Officer n,-,z S. 4221.3 Police Powers. The Deputy Animal- Control Officer . shall- be vested with the necessary 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= Chapter. The deputy Animal Control Officer shall enforce all of the laws of the City , County and State relating to the care , treatment and im- pouding of dumb animals and to -the prevention of cruelty- to dumb animals. The ex ercise of said police powers `sha 1 be ler the direct supervision of_ the Chief Animal Control Officer?S�S. 423� License and Tax Powers. The Deputy Animal Control Officer shall be vested with the powers and duties of a Deputy License Inspector and shall have the power , as directed ,by the City Collector , to collect the license fees and to issue the animal licenses and tags prescribed herein. All sums so collected shall be paid- over to the Finance Director on or before the loth day of each month %g,. -Y/g �Z S. 4221.5 Duties. It is hereby made. the duty of the Deputy Animal Control Officer to enforce any othe secti s of this ordinance whether enumerated as a duty or not. 'CeS -Y 2 S. 4221.6 Interference with Duty. No person shall rescue or attempt to rescue any animal mentioned herein. from the possession' of the Deputy Animal Control Officer nor interfere with ' the Chief Animal Control 0 icer , r his deputies , in the performance of their official duties. - SAFETY ANIMAL CONTROL S. 4221.7 S. 4221.7 Enterin6 Upon Premises. The Animal Control Officer or Deputy Animal Control Officer or any Police Officer of the City of Huntington Beach 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 ordinance or for the purpose of ascertaining whether such animal is registered as provided in this ordinance , or for the purpose of inspecting the premises to ascertain whether any law of the City or State relating to the care , treatment or impounding of dumb animals or to the preven- tion of cruelty to dumb animals is being violat ., provi-d• d there is probable cause to believe there is a violation F�rS / ' z S. 4222 Exhibition of License. No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this code when required t o.�io so b said Deputy Animal Control Officer or any Police Officer �g5_ 7- S. 4223 City Pound Provided. There shall be provided by the City of Huntington Beach or by the Deputy Animal Control Officer , upon such terms and conditions as shall be named in a contract executed by and between the Deputy Animal Control Officer and the legislative body of the City of Huntington Beach, a suitable- building or enclosure to keep and safely hold all animals herein enumerated which are subject o. be i pounded, ' hick shall be known and designated as the "City Pound.' S. 4224 Impounding. It shall be the duty of the Deputy Animal Con- trol Officer to take up , impound and safely keep any of .the animals enumerated in this ordinance found running at large , staked, tied or being herded or pastured in any street , lane, alley, court , square , park or other place belonging to or under the control of said city, or upon any private property in sa d city, contrary to the pro- visions of this chapter. q_Z $gam�GZ S. 4224.1 Care of Animals. When 'any animal is so impounded, it shall be provided with proper and sufficient food and water by the Deputy Animal Control Officer for a period of at least five days. The Deputy .Animal Control Officer shall immediately notify the owner thereof , if known to him, by written notice or by phone L 2 S. 4224.2 Reclaimingof Animals 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 Deputy Animal Control Officer of the costs and charges hereinafter rovided in this ordinance for impounding and keeping said animals ��z i S . 4225 ANIMAL CONTROL SAFETY S . 4225 FEES FOR IMPOUNDING . The Deputy 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 - $10 Any ca,t : $4 Any large animal: $20 Any medium-sized animal: $8 (b) For delivering impounded animals to their owners: Any dog: o Any cat: V Any large animals : $14 Any medium-sized animal: $5 (c) For daily care and feeding: Any dog: 1.50 Any cat: 1 Any large animal: $3 (d) For placin impounded animals: Any dog: 7 .50 Any cat: 4 All other animals : market value 1 C?Os-/v, 14 .� , �/7:IS -2170 S . 4225 . 1 Accounting of Sums Collected . The Deputy Animal Control- Off icer s a pay over o e Finance Director all sums.: collected by him on or before the 10th day of each month, pursuant to.. the terms of this chapter. The Deputy Animal Control Officer shall make a, monthly report to the City Council of the Deputy Animal Control Officer ' s proceedings relative to the powers and duties bestowed and imposed by this and other sections of the Huntington Beach O.rdinance Code . Accounting procedures, used by the Deputy Animal Control Officer, shall be those approved by the city Finance D ' ectc� $1555-2/70) F 2-1S . 4225 .2 Special Fund . All sums received b the City of Huntington Beach pursuant to the terms of this chapter shall become and remain part of a, special fund which is hereby created and which shall be known and designated as the "Animal License Fund . " All sums remaining in said fund after the payment of all contract obligations payable therefrom shall on the 1st day of May and the lst. day November of each year be transferred to the General Fund@,qS- 2 S . 4226 DESTRUCTION OF IMPOUNDED ANIMALS UNFIT FOR USE BY AGE, CRIPPLED OR DISEASED. It shall be the duty of the Deputy Animal Control Officer to issue and sign a, death warrant for and to order the destruction of any animal lawfully taken into custody, which in the opinion of the Deputy 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 lic sed ye erinary to be afflicted with any painful, incurable disease . �����Z SAFETY ANIMAL CONTROL S . 4231 ARTICLE 423 DOGS , <6 7� S . 4231 LICENSE AND REGISTRATION REQUIRED. No person owning, having an interest in, or having control, custody or possession of any dog, shall fail, neglect or refuse -to license and register any dog if over fpur (4) months of age, in- compliance with the terms of this Chapter. �Jg'%`Z�Y SOC,- ���7 �S=&Z 8 . 4231. 1 Transfer. No dog license is transferable . $S -��2 S . 4231.2 Procurement of License Certificates . The City Clerk or the Chief Animal Control Officer of the City of Huntington Beach are hereby authorized and directed to procure each year, prior to the first day of April, such number of license certificates and tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said certificatee and tags shall be effective until and i -uding t��e 31st day of March of the year next ensuing and .no longe S . 4231. 3 Issuua.nce of License Tags and Certificates . A metallic tag . and license certif-ica,te with corresponding numbers shall be furnished by the Deputy Animal Control Officer or one of his authorized agents, to any person, firm or organization. enumberated subsection 4231 he-reof upon payment/ of the appropriate fe prescribed 9 in Section 232 ./? _ O9 ' /,.y7� �f�S �Z� /979 � S . 4232 TIME LIMIT. LICENSE FEE. Any owner of a. dog over the age of four months in the city shall obtain a, dog license and pay an original license, or renewal license fee of Five Dollars ($5 .00) on or before April lst of each year. Any owner who fails to pay the license fee and obtain a dog license prior to May lst of each year, shall ay in a.dd.ition to said license fee, a penalty fee of Three Dollars ( 3.00) . Original license fees shall be due and payable within thirty (30) days after any dog is acquired and comes into the care, custody and control of any person in said city. For failure to obtain such original license within said thirty-day limit, such owner shall pay an additional penalty fee of Three Dollars ($3 .00) . The Deputy Animal Control Officer shall keep a record of the name, address and telephone number of the owner of the dog, or person making payment of said license fee, and to whom a, certificate and tag shall have issued , and the number and date of such certificate . Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog, and shall be worn by such dog at all times other than those periods when confined. to the owner' s house, enclosed yard or pen. A duplicate of a. lost license tag may be procured from the Deputy Animal .Control Officer upon proof of loss and payment of fifty cen ($ .50) . 11555-2/70) 07947 - I S . 4232 . 1 ANIMAL CONTROL SAFETY S . 4232. 1 License Fee Exemptions . No license fee shall be required for the Bowing: 1555-2/70) �a� Seeing eye dogs . 7 , b Dogs or bitches honorably discharged from the armed forces of the United States . (c) Dogs 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 temporarily brought into the city for the exclusive purpose of being entered in a. bench show or dog exhibition, provided such dogs are so entered and not kept elsewhere in the city. S . 4233 TAG MUST BE SHOWN. No person shall fail or refuse to whow to the Deputy Animal Control Officer or any Police Officer of said City, the license and the tag for any duly registered dog kept or remaining within -any home or upon any enclosed premises under his immediate controlC- ii S_ f4' S . 4233. 1 Removal of Registration Tags . No unauthorized person shall remove from any dog any collar, harness , or other device to which is attached a, re '�stra.tion ag for the current year or to remove such tag therefrom gas-l(oZ S . 4233 .2 Counterfeiting Tags . No person shall imitate or counter- feit the tags in this ordinance p��i ded fo or shall use any imitation or counterfeit of.. such ta,g. s�z SAFETY ANIMAL CONTROL S. 4234 S. 4234 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 dog is securely confined by a strong leash of not exceeding six (6) feet, securely and contin- uously held by a competent person owning, having an-interest in, har- boring or having charge, care, control, custody or possession of such dog, or unless such dog be confined within an auto ile -gig IGZ ? j� � S. 4235 IMPOUNDING AND QUARANTINE. It shall be the duty of the Deputy Animal Control Officer and of any Police Officer of said City, to take up all dogs found in violation of Section 4234 hereof. . when such dog is taken up by a Police Officer, it shall be delivered by him to the Deputy Anima ontrol Officer All such d s shall be impounded in the City Poun I g j _211g1 ?$S' . - Z/ 12-?� S. 4235.1 Persons Authorized to Capture Dogs. The Chief Animal ontrol Officer, Deputy of Poundkeeper taking up any stray animal or. any such animal which is running at large contrary to the provisions of this ordinance shall within six hours thereafter give notice to the Chief Animal Control Officer or to the Police De- partment of: (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 said anima o the Chief Animal Contr9l, Officer or Deputy upon request. l 9°1-Z/� 5-12-1111S' Q8 Z S. 4236 RABIES: VACCINATION. Every person kee ing, harboring or having a dog over the age of four (4� months in the City of Huntington Beach, California, shall cause such dog to be vac- cinated with a type of rabies vaccine approved by the City Health Officer within a period of thirty (30) days from the date such dog was harbored, kept or had within said City, or within thirty (30) days from the date the said dog attains the age of four (4) 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 any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time as here- inafter prescribed in this section. If chick embryo vaccine was used in such vaccination it must have been completed within two (2) years or if the tissue-type vaccine was used, it must have been completed within one year prior to the, date such dog wa first t, harbored or brought into the City of 'Huntington Beach T S Jl S. 4236.1 Rabies: Revaccination. Every person keeping, harboring or having in the City of Huntington Beach a dog which has been vaccinated with chick embryo vaccine shall cause such dog to be vaccinated within a period of not more than two years, of which has been vaccinated with a tissue-type vaccine shall caus , he dog to be vacci- nated within a period of not more than one year. /� M S. 4236.z ANIMAL CONTROL SAFETY S. 4236.2 Rabies: Certificate. Every person keeping, harboring or having in the City of Huntington Beach any dog required by this ordinance 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 of California or any other state or nation to practice veterinary medicine, which certificate shall specify that such dog has been vacci ted in accordance th the pro- visions of Sections 4236 and 4236.1. ,S � z)' /z79-y7) c S. 4236.3 Rabies: Licensing Requirements. Every person applying for a dog license must exhibit a certificate issued by a person licensed by the State of California to practice veterinary medicine, which certificate shall show that the dog for which the li- cense shall be issued, either (1) has been vaccinated in accordance with the provisions of Section 4236 and 4236.1 hereof, or (2) 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 sha not be issued less and until either such certificate is exhibited. '�S.�Z l S. 4236.4 License : Evidence. At the time a dog license is issued, TT 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 infor tion ssued by the veteri- narian at the time of such vaccination. S - t l z7°1-��(®� S. 4236.5 Health Officer to Have Dogs Examined for Rabies. Officers or persons capturing dogs under the provisions of Sec- tion 4235 and 4235.1 hereof shall separately confine such dogs cap- tured by them in some safe place, and shall report the capture to the Health Officer or his deputies and shall submit such dog to the exam- ination of the Health Officer, or his deputies, and it shall be the duty of the Health Officer, when called upon to examine or have ex- amined such dog, and to ascertain whether or not such dog is infected with rabies. Dogs captured under said Sections shall not be killed, but shall be kept in confinement until the Health Officer or his dep- uties shall find that further observation of the animal is not neces- sary fo the determinati of the presence of rabies, or absence of rabies S. 4237 UNLAWFUL FOR/ANY PERSON TO FAIL TO NOTIFY HEALTH OFFICER, HIS DEPUTIES OR CHIEF ANIMAL CONTROL OFFICER OR HIS DEP- UTIES REGARDING RABID DOG. It shall be 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 said official 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 subj t to rabies, whether or not the animal is suspected of having rabies! s—_ x' SAFETY ANIMAL CONTROL S . 4.231A S . 4237.1 Dogs and Other Animals to be Quarantined for Fourteen (19 Pays . Whenever it is shown that any dog or other animal .has bitten any person, no owner or person having the custody or . possession thereof, upon order of the Deputy Animal Control Officer, any Police Officer, or the Health Officer, shall fail, refuse or neglect to quarantine such animal and keep it securely confined on a chain or . in a closed cage or paddock for a period of fourteen (14) days , or shall fail, refuse, or neglect to allow the Deputy 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 Deputy Animal Control Officer, any -Police Officer, or the Health 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 Deputy Animal Control fficer any Police ficer or the Health Officer, or his deputies . g gs-X Z) 12-71 �? . So 4237. 2 Unlawful .to Move Dog after -Presence of Rabies in Huntington Beach. For the period during and for six months after the presence of rabies in the City, it shall be unlawful .for -any person to •take any dog or permit any dog to go from the City of Huntington Beach •to any city or county in .which rabies does not exist, or has not been known to exist :within the preceding--six (6) onths period, without permission of the Health Officer��g5''--/�z� So 4237.3 Unlawful to •bring :any Dog into Huntington Beach From Rabies Area. 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 precedin - six (6) onths period, without permission of the Health Officer -,Q85=G2 S . 4237.4 Knowledge of Bite : Duty to Report. 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 possession 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 pers bitten and the time and -place such person was bitten Z7gR �Z S . 4237.5 Notice and Redemption of .Impounded Dog. When any dog is .impounded, the Deputy Animal Control Officer shall- immediately. notify t owner ereof, if known to him, by written notice or telephone . s5� 6y : S _423706 Fee for Recovery of Dog, Feeding. Subject to the other provisions of this title, any person may make application to the Deputy Animal Control Officer for the return of any dog, and upon -presentation of proof satisfactory to the said Deputy Animal Control Officer, that such person is the owner or is rightfully entitled to the possession of such dog, may recover such dog upon the payment of'.the required fee . The fee for recovery shall be as stated in Section .4225 hereof, plus any license fee then due and pay a e. g�S-��7-)lZ�9'/�� S o 4.138 ANIMAL CONTROL SAFETY S . 4238 Minimum Period of Impoundment. Sale . All dogs impounded at the City Pound shall be provided with proper and sufficient food and water by the Deputy Animal Control Officer for a- period of at least five (5) days . Unless such . dog or dogs . shall have been .redeemed within five (5) days after being impounded, in the manner and upon the conditions imposed by Section 4237.E hereof, they may be sold by the Deputy Animal Control Officer to the person offering to pay the highest cash amount therefor, provided that the purchaser shall not be -given possession of any such dog or dogs until he •shall have paid to the Chief Animal Control Officer, or deputy, the license fee and charges prescribed for such dog or dogs . If any dog, impounded by the Animal Control Officer, shall not have been redeemed within said five day -period, and cannot be sold within a reasonable time thereafter, it may be disposed of by the Deputy Animal Control Officer -in some human way. (See County Ordinance Sec. 11, paragraph e) . The Deputy Animal Control Officer shall file at the City Pound a full description of each dog .impounded therein, for a period of at least five (5) days beginning on the day any such dog is taken or d livered into the possession of the Deputy Animal Control Officer. �`1_2�ig� FS$�—voZ�12��' ���G7 . S . 4239 Dog .Kennels . 67-r S-- S 4239.1 No :person .shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it, any dog, male or female; kept mainly for breeding purposes , within three hundred (300) feet of any dwelling .house other than that of the owner or person in control of such dog. � 1/� ..S , 4239. 2 In any -portion of the City of Huntington Beach, no person shall establish, 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 of Huntington Beach any dog kennel, any portion of which is situated within one thousand (1,000) feet of any dwelling house other than the d elling-h use of the owner or person in control of such kennel. ARTICLE 424 HER ANIMALS oc Sr, 0 7� Z_'914JO So 4241 Running at Large Prohibited. No person owning or having control of any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat, cat or any animal commonly referred to as a "wild specie" shall: (A) Permit such animal to run at large in the City of Huntington Beach. . (B) Cause or permit any such animal to be pastured, herded, staked or tied in .any street, lane , alley, . park or other public place . SAFETY ANIMAL CONTROL S . 4242 (c) Tie stake pasture or permit. the tying, staking or pasturing of any such animal upon any private property within the limits of the City of Huntington Beach, 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 (d) Permit any of said animals to be or remain during the night time secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength and weight to effectively restrain such animal, or (e) Fail to provide the necessary sustenance,s drink, shelter or ro- tection from the weather, or otherwise y�g / S . 4242 FOWLS AND RABBITS NOT TO RUN AT LARGE. It is hereby declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls or rabbits, owned or controlled by him or it, to run or fly at large or g upon t e premises of any other person in the City of Huntington Beach. 7—��V? ( '14, S . 4242.1 To be Kept Fifty (50) Feet from Street Line or any Dwelling. It is hereby declared to be a nuisance and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls or rabbits, owned or controlled by him or it, within fifty (50) feet of any street line or within twenty (20) feet of any property line, or within one hundred (100) feet of any dwelling house or structure used as a dwelling, church, school, hospital or place where food products are kept, stored, manufactured or served to the public, unless such house or structure be occupied by him or it, or to keep any rooster over fou onths o1, within/.the city limits of the City of Huntington BeacY . �S_ �� ) S . 4242.2 More than Ten (10) Fowls or Rabbits Prohibited . It is hereby declared to be a, nuisance and .no person shall keep on any premises more than ten (10) in all of chickens, geese, ducks, t�krkeys, pheasants, doves, pigeons, squabs, or similar fowls or rabbits Z3S_�(/,� S . 4242.3 Artificial Treatment. No person shall dye, color, or other- (wise at 'fically treat any rabbit, baby chick., duckling or other fowl S . 4242.4 Sale of Young. No person shall display, sell, offer for sale, barter to give away any rabbit, baby chick, duckling or other fowl nder t e age of four (4) weeks, in quantities of less than six (6) .C-6 S- Y�z S . 4242.5 Business Display. Nothing in this ordinance shall prohibit the display or sale of any natural rabbit, chick, duckling or other fowl by any dealer, hatchery or store engaged in the business of selling the same to be raised for food purposes whenever such dealer, hatchery or store has the proper facilities for the display and care of such animals and fowls . S . 4243 ANIMAL CONTROL SAFETY S . 4243 MISCELLANEOUS ANIMALS . MONKEYS . No person owning or having control of any monkey,!-a,pe, chimpanzee, or other animal of the monkey type, shall permit, allow or suffer such animal to run at, large within the City of Huntington Beach or permit, allow or suffer such animal to be or go upon any street or public place within the City of Huntington Beach without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a. competent person. . Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used , when of confi ed within an enclosure or when not securely .tied or chained S . 4243. 1 Horses (a) It is hereby declared to be a, nuisance and no person shall stable or corral .a,ny horse or horses within fifty (50) feet of any street - line . (b) It, is *hereby declared to be a nuisance and no person shall stable or corral any horse or mule within fifty (50) feet of any dwelling house other than that occupied by him or it, or to stable more than two (2) horses or mules within one hundred (100) feet of any -dwelling house other than that occupied by him or it . (c). No person, firm or corporation shall keep or stable any burro or burros, or donkey or donkeys, within one hundred (100) fe of any dwelling house other than that occupied by him or S . 4243 . 1. 1 Street Line. For the purposes of this chapter, "Street Line shall mean the nearest edge of any sidewalk and if there is no sidewalk, the nearest edge of any curb and if there is no sidewalk or curb, the ne t edge of the improved portion of the public , right-of-way. ( 13520 S . 4243 .2 Goats . (a) It . is hereby declared to be a, nuisance and no person shall keep or maintain any goat within fifty (50) feet of any dwelling house other than that occupied by him or it, or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it, or more than four (4) goats within three hundred (300) feet of any dwelling house other than that occupied by him or it,, or more than five (5) goa,ts within one thousand l,000) feet of any- dwelling house other than that occupied by him or it. (b) No person shall keep or maintain any male goat exceeding the age o six (6) onths within the limits of the City of Huntington Beacly. SAFETY ANIMAL CONTROL S . 4243 . 3 S . 4243.3 Bees . 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 of Huntington Beach, any hive of bees within two hundred (200) feet of any dwelling house other than the dwelling house of the . owner or person in control of such bees . This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's. office or laboratory for medical research, treatment, or oth scien ific purposes, provided they are not permitted to fly at large gV5-- //,Z S . 4243.4 Cattle . It is hereby declared to be a nuisance and no person shall keep or maintain in the City of Huntington Beach cows or cattle at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or-maintain any cattle within three hund.red (300) feet of any chool or ospital, or within one hund.red (100) feet of any street line 1/6Z S . 4243 .5 Hogs . It is hereby d.eclared. a nuisance and. no person shall or aintain any hog or hogs within the City of Hunting- ton BeachCeep S . 4243.6at Kennels . (a) Cats for Breeding Purposes . No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it, any cat, male or female, kept mainly for breeding purposes, within three hundred (300) feet of any dwelling house other than that of the owner or person in control of such cat. (b) Cat Kennels . No,-person shall establish, keep or maintain or suffer to pe rmit to be( established, kept or maintained, upon premises owned or controlled by him or it, in the City of Huntington Beach any. cat kennel, any portion of which is situated within one thou- sand (1,000) feet of .any dwelling house other than the elling house of the owner or .person in control of such kenne Q, S-�2 ARTICLE 425 WILD OR VICIOUS ANIMALS AND REPTILES S . 4250 ALLOWING WILD OR VICIOUS ANIMALS TO RUN AT LARGE PROHIBITED. No-. person owning or having charge, custody, control or pos- session of any animal, bird of prey or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, control 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 bird of prey or poisonous reptile or serpent, 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 proper other than within. the enclosed premises of such ppTson 11352#-/�7 1a74 �Q) S • 4251 ANIMAL CONTROL SAFETY S . 4251 KEEPING WILD OR VICIOUS ANIMAL WITHIN OR UPON OWN PREMISES . No person owning or. having. charge, custody, control or possession of any animal, bird or prey, reptile or serpent described in Section 4250 hereof, shall allow such animal, bird , reptile or serpent within the enclosed premises of such person unless 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 time be so confined, controlled and restrained in such manner so the life, limb or property of any ers n lawfully entering such premises shall not be endangered . (1352 - (P7 S . 4251. 1 Except as hereinafter provided, no person shall have, /keep, maintain or have in his possession or under his control within the City of Huntington Beach any animal, bird, reptile or ser- pent described in Section 4250 hereof without first applying to and receiving a permit from the City Administrator or his authorized repre- sentative to d so . 413521 -/%,"7 S . 4251.2 Any person dissatisfied with the ruling of the City Admin- istrator may, within ten (10) days thereafter, appeal from said decision to the City Council; such appeal shall be a simple state- ment in writing setting forth in common termsthe basis of said appeal. An appeal fee of Ten Dollars ($10.00) 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 fee has (,e-,e.n paid . S . 4251. 3 No permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably insure the public health, safety and general welfare, and no permit shall be granted in any event for any animal, reptile or serpent at any particular location except upon an explicit finding by the person or agency approving such permit that the issuance thereo will no be contrary to the public health, safety and general welfar -1,147 S . 4251.4 The City Administrator may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the City of Huntington Beach of any such animal, reptile or serpent 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, reptile or serpent shall be otherwise kept or maintained within the City of Huntington Beach or permitted to occupy any premises within the City of Huntington Beach, exce t while uch a regular or temporary permit is in full force and effect.C;a7� -I��1 S . 4251.5 `!!The Animal Control Officer, or his authorized deputy, shall take possession of any animal, bird, reptile or serpent described under Section 4250 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. permit conditions complied—with. 11352V- ���� SAFETY ANIMAL CONTROL S . 4252 S . 4252 Application for Permit. An application for any permit require pursuant to this ordinance shall be made to the City Administrator in writing and upon a form furnished by the City Administrator if so required. Said 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 of Huntington Beach, the animal, reptile or serpent for which a permit required., and shall set forth the following: (a) Name, address and telephone number of the applicant; (b) The -applicant's interest in such animal, . retile or serpent ; (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 , reptiles and serpents for which the permit is sought. (e) Any information known to the applicant concerning vicious or dangerous propensities of all such animals , reptiles and serpents . (f) The housing arrangements for all such animals , reptiles and . serpents , with particular details as to safety or structure, locks , fencing, etc. ; (g) Safety precautions proposed to be taken; (h) Noises or odors anticipated in the keeping of such animals , reptiles and serpents ; (i) Prior history of incidents involving the public health or safety . involving any of said -animals , reptiles and serpents ; (j ) Any additional information required by the City Adm'nistrato at the time of filing such application or. thereafter ;7y-4 S . 4253 Review of Applications for Permits . Copies of any application for. permit under this ordinance shall be sent by the City Administrator to the law enforcement agency, Health Department, 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 havy been sent, unless waived by the City Administrator for good cause I a�7* S . 4254 Exception .for T ansportation of Animals through City. The . permit requirements of this ordinance shall not apply to any person so keeping or maintaining or having in his possession or control any animal, bird, reptile or serpent defined in Section 4250, when such person is transporting such animal, bird, reptile or ser- pent through the City of Huntington Beach, has taken adequate safe- guards to protect the public, and has notified the local law enforcement /� agency of the proposed route of transportation and time t ereof 41352t- 7 S . 4255 Permit Fee. No permit shall be granted unless here is paid to the City of Huntington Beach at the time of filing of the application therefor a permit fee in the amount of Five Dollars ($5.00) for each animal, bird of prey, reptile or serpent for which a permit is sought, . not to exceed a total of Fifteen Dollars ($15.00) . Accretions by natural birth shall not require additional permits during the period of the permit. Said $5.00 fee is not r undable regardless of whether or -not any permit is is ed. #1352)-io`1 Sa 4256 ANIMAL CONTROL SAFETY So 4256 Commercial Establishments , Commercial establishments possessing such animals , reptiles , or snakes for the pur- pose 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 permit. Such establishments may, in the discretion of the approving agency, be granted a permit for those such numbers of each kind of animal, reptile and snake as do not exceed the maximum -such establishement estimates will be maintained by - it in the City of Huntington Beach at any one time during the period of the permit, Such permit shall require the immediate no- tification of the City Adminstrator upon the acquisition of any animal, reptile or serpent having a prior history of any incident involving .the public heap or safe , or resulting . in any bodily injury or property damage e(�79- � 47 So 4257 Term and Renewal of Permits . No permit required by this ordinance shall be granted fora period in excess of one year. An application for renewal of -any permit shall 'be made not less than forty-five (45) days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application, excepting .that the City Administrator may,- at his discretion, approve the renewal of any-. permit for -an additional period not exceeding one year, without the making of an additional application or the payment of an additional fee, when, in his opinion, the public health, safety and gener welfa do not require further investigation prior to such renewal /�79-- �) So 4258 Revocation of Permits . The City A dminstrator may, for good cause, revoke any. permit or modify 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 cr portion here. ithout hearing, for a period not to exceed thirty (30) days . �� 19- 47 S,o 4258.1 Any person aggreived by such action may, upon payment of an appeal fee of Ten Dollars ($10,00) have such action reviewed by 'the City Council, t t$ ding of an appeal shall not stay any order of sus pension ,2 xj-ZU Sa 4259 The =provision of this .article shall not apply to animals which are kept confined any. lic zoo, museum or circus , carnival, exhibition or show a.�9-��� SAFETY ANIMAL CONTROL S . 4261 ARTICLE 426 MIXELLANEOUS RULES S . 4261 Cleanliness of Premises Where Anima are Kept. 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 i hich sai animal is kept in a clean and sanitary conditiongS'- S . 4261. 1 Keeping Ff Certain Animals Closer than Fifty (50)- Feet to Inhabited Structures , Schools and Hospitals , Etc. 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 psittacinae family he shall. keep such/b-irds at least thirty-five (35) feet from any of said structures S . 4262 Veterinaries . Notice of Death of Animals . 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- iristitUtion for treatment, of the death of such animal, provided the name• and address of the owner has been fer d in t e office of the veterinary hospital or other.-institution. S . 4262,1 Retention of Dead 'Animmalsi 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 notif' tion of he death of such animal has been sent to the owner thereof L S , 4262. 2 Carcass of Animal. It is hereby declared to e a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than twenty- four (24) hours , .or to bury the carcass of any animal upon any premises owned, _ or d o occupied by him or it in the City of Huntington Beach. �� S . 4263 ANIMAL .CONTROL SAFETY S . 4263 Manure Bins and Removal of Manure. Every person owning or occupying .premises where manure from any horse, pony, mule, cow, .pigeon, fowl, rabbit or other animal accumulates shall. provide for the removal of such manure daily. Unless all manure accumulated on any premises be removed daily, boxes , bins or receptacles of a design and construction 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 containing the -accumulation of manure, which shall be placed therein 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 cone is of sal boxes , bins or receptacles shall be removed once a wee ��' .-S . 4263 .1 Health Officer or Chief Animal Control Officer May Order Premises and Manure Bins Cleaned and Disinfected. 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 receptacle used for the accumulation of manure shall fail, neglect or refuse to clean and disinfect -such - stable, b , corra stall, pen, coop, building: place, box,--bin, or receptac1S-1/6,Z S . 4264 Dogs in Stores or Conveyances . No person shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal to be _brought into or to -remain in any room or place, other than a private home where food is not handled for commer- cial purposes , in which meat, fish, game, . poultry, fruit, vegetables , bakery goods or -any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption; or permit any dog, cats 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 is being kept or transported; provided, however, that the provisions this s tion shall not apply to -a dog trained to guide the blind SAFETY ANIMAL CONTROL S . 4264.1 Sa 42.64.1 Transporting Animals on Motor Vehicles. 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, jump r bein thrown from such motor -vehicle -whether in motion or no S . 4265 Registration Fee a Debt, The amount of any registration fee imposed by this chapter shall be deemed a debt to the City and- any person keeping any animal without having obtained a registration certificate so to do 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 registration fees and penalties imposed -and required by this: ordinance 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, and the City Clerk shall cause an action to be brought against any person failing to pay any registration fee or penalty required by the provisions of this ordinance for the recover of the same. 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 violatio of this article or any other .applicable provision of this chapter S . 4266. Keeping Diseased Animals Prohibited: Exception. No .person 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 incur k e,, withizut a permit to do so from the Health Officer of the So 4266 .1 Rabies . Whenever it is suspected that -any animal shall have contracted rabies , or shall have been bitten by another animal having, or suspected of having rabies , all rules and regulations under Chapter 42 of the Huntington Beach Ordinance Code ll app ,where applicable substituting the word "animal" for do �$S //6� So 4267 Noisy Animals . It . is hereby declared to be a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the City of Huntington Beach under his control, any animal or animals , including any fowl or fowls , which by any sound or cry, shall disturb the peace and comfort of any neighborhood, or interfere -with -any, on 6 in t reasonable and comfortable enjoyment of life or property �a 71_ 7 S . 4268 ANIMAL CONTROL SAFETY S . 4268 Traps Prohibited, No person shall set or use any spring steel trap, No, 1 or . larger, in the City of Huntingt n Beach (this section shall not: prohibit the use of gopher traps) -;'�S✓ 1`( I S2 4269 Penalties , Any person, firm .or -corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be -punishable by a fine of not more than Five Hundred Dollars ($500,00) or by imprison- ment in the City of County Jail for a period of not more than six (6) months , or by both such fine and . imprisonment, Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this ordinance is committed, continued or permitted by such person, firm or corporgtTon, an, shall be punishable therefor as provided by this ordinance g gS-� Z S , 4269,1 Whenever any reference is made to any portion of this chapter such reference applies to all amendments and -addi- tions thereto now or hereafter made. The present rt se inc des- the past and future tenses and the future, the:- presentFsS-���2 .. S , 4269, 2 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 laK by the officer, unless this chapter expressly provided otherwis ��_ /� SAFETY DEFENSE-DISASTER S. 4341 ARTICLE 434 OFFICERS �� S. 4341 DIRECTOR. OFFICE CREATED. There is hereby created the office of Director of Civil Defense/Emergenffly''Services who shall a the City1 Administrator of the City of Huntington Beach�s(o�j-?Y_'g j /S G 3"�g� / 767 `7�7ZJ S. 4342 DEPUTY DIRECTOR. OFFICE CREATED. There is hereby created the office/ of Deputy Director of Civil Defense/Emergency SeFvrces who sha14k be the Assistant City Administrator of. the City of Huntington Beach / 7 S 7-3�5 2 S. 4343 POWERS AND DUTIES ENUMERATED. The Director is hereby empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a state of emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this city to accomplish the purpose of this chapter. (4) Direct cooperation between and coordinate services and staff of the emer- gency organization of this city; and resolve questions of authority and responsi- bility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a local emergency, as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the Director is hereby empowered: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, how- ever, such rules and regulations shall be confirmed at the earliest practicable time by the City Council. (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer same for public use. (c) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers. S. 4343 (6) (d) DEFENSE-DISASTER SAFETY (d) To requisition necessary personnel or material of any city department or agency. (e) To execute all of his ordinary power as City Administrator, of all special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council; all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. The Director of Civil Defense/Emergency Services shall designate the order of suc- cession 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. The Deputy Director shall, under the supervision of the Director, have such other powers and duties as may be assigned by the Director. (f) To appoint a coordinator of Civil Defense/Emergency Planning and Training who s also be the Assistant Deputy Direct o o f Civil Defense/Emergency Services. ARTICLE 435 CIVIL DE SE AND RGENCY SEMICES PLAN S. 4351 FORMULATION OF PLAN. Qa Director shall pre are and maintain, on a current basis, a Civil Defense/Emergency Services Plan as necessary to carry out the purpose of this chapter. The Civil Defense/Emergency Services Plan shall be consis- tent with plans of the State of Cal' ornia a d the Federal government, and shall here- after be referred to as "the Plan.' /5 0 3- U,//,y/ /? S 7-7/Z/) S. 4352 CONTENTS OF PLAN. The Plan shall set up the assignment of emergency duties and functions of all city agencies and employees, and volunteer organiza- tions, as well as the es of succession of t members of the Civil Defense/Emergency Services Organization. 503-(of�J j75 7-7/7Z, S. 4353 ADOPTION OF AND AMENDMENTS. The Plan and amendments thereto shall be placed on file with the City Clerk by the Director, and approved or dis- approved by the City Council within thirty (30) days of such filing. The Plan, and amendments, if any, shall be effective upon filing with the City Cork unlesp disap- proved by the City Council within thirty (30) days of such filing( / o 3-b S 1?s7-�4 S. 4354 ASSIGNMENT OF DUTIES AND FUNCTIONS. In assigning emergency duties and functions to city agencies and personnel, the Director shall assign res- ponsibilities to utilize to the maximum the skills and talents of city employees. When the requisite skill or talent for a particular responsibility is not available within the city government, the Director is authorized to seek assistance on a volunteer basis from persons outside the city government. The Director shall assign duties to such persons, and grant the authority to car out th res_pecti a responsibilities during and after the occurrence of a disaster. j5o3-(p ;ir / 7S 7-�2 S. 4355 EFFECT OF PLAN. The Plan shall be binding upon all agencies of city govern- ment, its employees and registered volunteer disaster service workers, and have the effect of law whenever an emergency, as provided in this chapter, has een proclaimed.7�l/ SAFETY DEFENSE-DISASTER S. 4361 ARTICLE 436 CIVIL DEF AND EMERGENCY SERVICES ORGANIZ ION 5-G i' -Z Sl, /S'a3j i7S7 -7 -7z S. 4361 CREATION CIVIL DEFENSE AND DIS"TER ORGANIZATION. There is hereby created the Huntington Beach Civil Defense/Emergency Services Organi- zation. 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 bait not limited to groups, organizations and persons who by agreement or by operation of law are charged with the luty to protect the life d property of persons within the city during a disaster. S d 3 - 75 7-�7 S. 4362 SERVICE CHIEFS. APPOINTMENT AND DUTIES. 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 training of city officers, employees and volunteers. Each service chief shall formulate an operational plan, which shall become a part of the plan, as specified herein. Before an operational plan may become a part of the Civil Defense/Emergency Services Plan, it must first be approved by the Director. The Director shall determine whether the operational plans are in conflict with the Civil Defense/Emergency Services Plan. If the operational plans are in conflict with the Civil Defense/Emergency Services Plan, the Director shall reject such operational plans. Each service chief shall be responsible for the care, for the maintenance, and for the proper use of any special equipment or pro p rty which may be obtanin�d y or assigned to him from time to time by the Director. ,-�S�3_�/q� / 7�-7_ %,Z ARTICLE 437 EMERGENCY CURFEW S . 4371 CURFEW. The Director is hereby empowered to establish an emergency curfew in the event of a local emergency, or when a disaster or state of emergency is declared the President of the U ted States or the Governor of the State of Californi 5 p -(i�c 7 S"7- 7�L ARTICLE 438 EXPENDITURES S. 4381 EXPENDITURES. Any expenditures made in connection with emergency ac- tivities including mutual aid activities, shall be deemed conclusively to be for the direct protection and benef f the inha 5ants and property of the City of Huntington Beach. _ f 7S7_ l S. 4391 DEFENSE-DISASTER SAFETY S. 4391 PUNISHMENT OF VIOLATIONS. It shall be a misdemeanor, punishable by a fine of not to exceed Five Hundred Dollars ($500) or by imprisonment for not to exceed six (6) months, or both, for any person during an emergency to: (a) Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter. (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter if such act is of such a nature as to give or be likely to give assistance to enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. (c) Wear, carry, or display, without auth ity, any means of ident ication specified by the emergency agency of the state )�03 — �l 1ys7, l?Z S. 4392 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this chapter, 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 remain- ing portions of this chapter, or any future amendments or additions thereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespecti a of the fact that any one or more sections, subsections, clauses, phrases, portions any future amendments 0dditions thereto be declared invalid or unconstitutional. 1�O3- t/9 7S 7, '�7 Z WELFARE DIVISION 5 DIVISION 5 WELFARE 1 CHAPTER 50. REDEVELOPMENT AGENCY 51. LIBRARY 52 . RECREATION AND PARKS 53. MORALS 54. MINORS 55. NUISANCES c I JJ s k _. _ I I i 'I 1 I WELFARE REDEVELOPMENT AGENCY DIVISION 5 CHAPTER 50 REDEVELOPMENT AGENCY 1285' I G7 ,C''' Article 501 Redev§rlopment Agency y7 S . 5011. It is hereby found and declared, pursuant to Section 33101 of the Community Redevelopment Law, that there is a need for the Redevelopment Agency created by Section 33100 of said law to function in the City of Huntington Beach, and said Agency is hereby authorized to transact busines and ex ise its powers under the Community Redevelopment Law �a g S-' m7 S . 5012 . Pursuant to the provisions of Section 33200 of the Community Redevelopment Law, this body hereby declares itself to be the Agency provided in Section 5011 hereof and that all the rights , powers , duties , privileges and immunities vested by the Community edevelo m t Law in such Agency shall be, and are, vested in this body.�2B�_ '(67 WELFARE LIBRARY S. 5111 CHAPTER 51 LIBRARY ARTIC 511. GENERAL 512. LIBRARY BOARD 513. MEETINGS 514. POWERS OF BOARD 515. FISCAL MATTERS TICLE 511 1 S. 5111 Library Establishe A public library, under the pro- visions of an act of the Legislature of the State of California, entitled, "An act to provide for the Establishment and Maintenance of Public Libraries within Municipalities ," approved March 23, 1901, is hereby established in and for this City, the in- habitants thereof and the nonresident taxpayers of this City, and the same shall be maintained by the levy of taxes upon the taxable! property of this City hereinafter mentioned, and said library shall. be controlled under the provisions of said library act of 1901, and all amendments thereto, and the duties of the Board of Library Trustees hereinafter mentioned shall be the same as those duties specified for such officers in said library act of 1901, and all amendments thereto, and the same all be known as the "Huntington Beach Public Library. " (18 S. 5112 Use of Library. Said public library -hereby established under said act of the Legislature shall be forever free to the inhabitants and nonresident taxpayers 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 fined or excluded from the privileges of the library. (181 -l0 0 S_5113 Contracts_. with Cities Counties. The Board of Library Trustees ol said public library of this City may contract with the legislative bodies of neighboring munucipalities 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 com en� s ' on to be paid by such counties or neighboring municipalities. (18� 01 S. 5114 LIBRARY WELFARE S. 5114 Title to Property. The title to all property acquired or he purpose of said library, when not inconsistent with the terms of its acquisition, or otherwise designated, shall rest in the City of Huntington Beach in which such library is or is to situated and in the name of the City of Huntington Bea m� be sued for and defended by action at law or otherwise. (18ch oq S. 5115 Harmony with State Law. Nothing in this Chapter shall be construed as being in conflict with an act of the Legislature of the State of California, entitled "An Act to Provide for the Establishment and Maintenance of Public Libraries within Muni cip� ties," approved March 23, 1901, or any amendment thereto. (18 -(01 S. 5116 Distribution of Duties. All the duties enumerated in said act shall devolve upon and be discharged by the -�� officers and employees mentioned in said act , and this Chapter. (18 ARTICLE 512 LIB ARY BOARD . f 8;'� o S. 5121 Desi nation: Member Appointments. Such public library shall be managed by a board esignated as the Board of Library Trustees , consisting of five members, to be appoint�jd by the Mayor, by and with the consent of the Council. (181 M611 S. 5122 Terms of Office : Compensation. Such Trustees shall everal hold o ice for Free years, serving without compensatio I $- 11/4 S,S5123 Initial Terms of Office. The number of the first board appointed shall so c assify themselves by lot that one of their number shall go out of office at the end of the current fiscal year, two at the end of one year thereafte and the other two at the end of two years thereafter. (180, 01) S. 5124 Sex: FillinG Vacancies. Men and women shall be equally eligible to such appointment ; and vacancies shall be filled by appointment for the unexpired term in the same manner. WELFARE LIBRARY S. 5131 ARTICLE 513 ETINGS l 8- la oq S. 5131 Regular Meetin s. Thb Board of Library Trustees shall meet at least once a month\ at such times and places as they may fix .by resolution. (18 g- 110/0/ - S. 5132 Special Meetings. Special meetings may be called at any ime by three rustees , by written notice served upon each member at least three hours before the time specified for the proposed meeting. (18 n ) S. 5133 Quorum. A majority of the board shall const tut quorum for the transaction of business. (18 -l41) S. 5134 President : President pro Tem ore. Such board shall appoint one of their number president, who shall serve for one year and until his successor is ap of , and in his absence shall select a president pro tempore. (183 09 S. 5135 Minutes : Certificate to State Librarian. Such board shall cause a proper record of their proceedings to be. kept; and at the first meeting of such 4bard it must immediately, upon organization, cause to be made out* and filed with the State Librarian at Sacramento , a certificate showing that such library has been established, with the date thereof and the names of the trustee$ and of the officers of the board chosen for the first year. (18'►= p ARTICLE 514 POWIRS OF 130ARD a-1, 09 S. 5141 . . Enumerated P wer .� The Board of Library Trustees shall Rave power: g- S_5142 Rules_, Regulations, laws. To make and enforce all rules , regulations and maws necessary for the adminis- tration, government and protection of the libraries undey Jh6ir management, and all property belonging thereto. (180-ta/OV S. 5143 Gifts. To administer any trust declared or •created for sucT—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 70vidlad, dispose of the same for the benefit. of such libraries. (18 S_ 5144 Prescribia& of Duties. To prescribe the duties and powers of the librarian, secretary and other officers and employees of any such I.,ibrarie . , �_�/ S. 5144.1 LIBRARY WELFARE S. 5144.1 Personnel: Compensation. To determine the number of and appoint all such 7Micers and employees, and fix their compensation, which said officers and employees shall hold their offices or positions at the pleasure of said board. (181 -�q� S. 5145 Purchases. To purchase necessary books, journals, publications and other personal property. (18 -�09 S. 5146 Land: Buildin s. 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 portion thereof, as not been provided by the Council for such libraries. (181 - 69 S. 5147 State Publications. To require the Secretary of State and other State a ficials to furnish such libraries with copies of any and all reports, laws and other ppu ications of the State and otherwise disposed of by law. (18 f -(o S. 5148 Exchange of Books: Nonresidents. To borrow books from, lend books to and exchange the -same with other libraries; and to allow nonrsiSl�nts to borrow books upon conditions as they may prescribe. (18 �o� S. 5149 Incidental Powers. To do and perform any and all other acts and thin�s nece or proper to carry out the provisions of said act. (181 -(O/O i ARTICLE 515 FISGAL MATTERS 1 FS- 09 S. 5151 Annual RelDort. The Board of ibrary Trustees shall, on or be ore he 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 the'it proceedings for the year then ended, and must immediately upon the publication of such report forwgro a copy thereof to the State Library at Sacramento. (18# //p? S.5152 Library Tax. The Council shall, in making the annual tax levy and as a part thereof, if the maintenance 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 99 her taxes the levy of which is permitted in this City. (18 1 lr� WELFARE LIBRARY S . 5153 S . 5153 MAXIMUM RATE OF TAX. After two years from the establish- ment of this library, such levy of taxes sha.4 not exceed 2 mills on the dollar 'of assessed valuation . (18f-&�oy) S . 5154 LIBRARY FUND. The revenue derived from said tax, together with all money acquired by gift, devise, bequest or other- wise, for the purposes of the library, shall be apportioned to a fund to be designated the brary Fund and be applied to the purposes herein authorized (18#. —(� S . 5155. CARE 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 Trustees shall provide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance wit he terms and conditions of such gift, devise or bequest . (18f S . 5156 PAYMENTS FROM FUND. Payments from said fund shall be made in the manner pro iced for the payment of other demands against this City. ( 18�-bpq/) S . 5157 PRESENTATION OF DEMANDS . Demands upon said fund shall be presented to the Board of i ra.ry Trustees for allowance rather than to the Council. (18�,—( q WELFARE RECREATION AND- PARKS S. 5211 CHAPTER 52 RECREATION AND PARKS 53 9 803 113 ARTICLE. 521. RECREATION AND PARKS ARTMENT 522. DIRECTOR OF RECREATION AND PARKS 523. FISCAL MATTERS 524. RECREATION AND- PARKS COMMISSION ARTICLE 521 RECREATIO AND PARKS DEPARTMFNT 539-3/y.9 lii3- �s S. 5211 Recreation an Parks 6e artmen . Established. In order to secure the benefits accruing to .the City from the growth and development of land within the City, there is hereby eAtablX*s,hed a Recreation and Parks Department in the City of Huntington Beach,f 539-3Yg5 -Y�GS S. 5211.1 Recreation and Parks Department. Objectives. The ob jectives of the. Department shall be to encourage, foster, facilitate, establish, and maintain 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 prop- erties with the consent of the owners and authorities thereof. Also, to maintain city-owned or leased properties -of a park or recreational nature as deemed desirable by the City Cou 539 ' I 9y 113 -1/16 ARTICLE 522 DIRECTOR OF/*`RECREATI4 AND PARKS vS S; 5221 Title. Dire- , r of ec eation and Parksj S. 5221.1 Definition. 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 concerned with the development and operation of a_ public recreation and park se ' ce. S-. -522-1.2 RECREATION AND PARKS WELFARE S. 5221.2 Duties. Directs all operational and development phases of the work; evaluates present_ and future needs for areas and services and relates same to available re- sources; recommends policy and acts as advisor to administrative and legislative superiors; directs and participates in the preparation of budgets and reports; meets and confers with individuals and groups in matters of public interest ; develops and maintains a high level of organizationpl efficiency and a sound public relations program; plans and implements in-training programs and assumes 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 a Secret r to the Recreation and 'Parks Commission without vote. 3 S. 5221.2.1 Director / f Recreation and Parks. Appointment. The Director of ecreatldn:-an .arks shall be the head of the Recreation and Parks Department. He shall be appoi ted by the City Council and shall hold office at their ple s re S; 5221.2.2 Director of Recreation and Parks. Salar The Director of Recreation and Parks s 1 re 've such salary as the Council shall provide by ordinance �//3-6� S� 5221.2.3 Director of Recreation and Parks.. Recomme d the Appointment of Subordinates. The Director ofRecrea- tion and Parks shall, under the supervision of the City Administra- tor, appoint all other officers , assistants, deputies and employees of the Recreatio and Par s Department , subject to the approval of the City Counci , :�►.13-I/f ARTICLE 523 FISC L MATTXRS lll3- �s So Fees and Char The D partment of Recreation and Parks does. ere y have authority to charge the public reasonable fees for city building use and for participation in recreation activities to help de ay pub i expense, subject to the approval of the City Council. � 1 1 3 -q/l� S. 5231.1 Acceptance of Gifts. The Recreation and Parks Depart- ment may acce t all gifts, devises, legacies or bequests (personal property from any source, public or private, in the name of the qkty of Huhtington Beach, subject to the approval of the City CouncilQ1_ WELFARE RECREATION AND PARKS S . 5231. 1. 1 S . 5231. 1. 1 Funds o All moneys 'so obtained by the Recreation 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 of Huntington Beach, or any special fund the. City Counci W a d s - ate . S . 5231. 1. 2 Annual Budget. The City Council shall annually a tablis a Recreation and Parks Department budget og which Department demands shall be drawn from the -General Fund C//—/ 3 - ��bS y ARTICLE 524 RECRPgION AND PARKS COMMISSION gD3� �o �i13 13�0�./y3 - BG� S . 5241 Recreate and Perks dommission Establ' ed. There is hereby established:an Advisory Recreation and Parks Commission in and for the City of Huntington Beach. The present Recreation Commission members and officers shall serve out t 'r de sig ated terms as members of the Recreation and Parks Commission. ///3 - `��s S . 5241.1. The Commission shall be composed of eleven (11) members who shall be appointed from time to time by the Mayor with the approval of the City Council. Five (5) members shall be appointed for a term of four (4) years and six (6 members shall be appointed for terms of one (1) ear each. 413001—_2/7 03 -1A&-0 ///3-` w S . 5241. 1. 1 Fo r- Year Terms . Th6 Mayor, with approval of the City Council, shall appoint five (5) members from the City at large for four year terms . All of the terms shall terminate 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 f r the succeedW�h - term. ga3 S . 5241. 1. 2 One Year Terms , The Mayor, with t _approval of City Council, shall appoint six (6) members for terms of one (1) year. Each Elementary and High School and Junior College District having facilities within the City of Huntington Beach 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 districts , to represent their district. One of said persons shall be appointed by the Mayor, with the approval of the City Council for a one (1) year term which will terminate on July 1st the following year. In the event that any District shall not make such recommendations to the Mayor by the lst day of July, then the Mayor, with the approval of' the City Council, may appoint some qualified person to a one (1) year term to .represent 'School District on the Recreation and Parks Comm Sion. t1300j b S . 5241.1.3 Mayor as Member. T Mayor s ll be an ex®officio member of said Commission, So 5241.1.4 RECREATION AND PARKS WELFARE So 5241.1.4 Secretary. The Director of Recreation and Parks shall serve as Secretary to the Recreation and' Parks. Commission w 'thout, vo e and shall keep permanent minutes of the Commission meetings . 1113 - yI&T) 5214 1.5 Removal of Members . 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 it would be for the best interest of the Department that a member be retired, he may so order and appo' a succ ssor for the unexpired term of office of such retired membe . /113'-y/s S . 5241.1.6 Voluntary Retirement. Other Vacancies . Further, members shall be privileged to voluntarily retire from the Commis- sion at any time; successors to be appointed in such case, or any other vacancy from whatever cause, by the Mayor, with he p oval of the City Council, for the unexpired term of office. 1//3- S S . 5341.1. 7 Successive Terms . Members may be reappointed by the Mayor, with the approval of the City Council for as many terms of office as is desirable, provided howe er, that members representing School Districts shall require renewed ecommenda ions from their School District for each reappointment. S , 5242 Meetings . The Recreation and Parks Commission shall meet regularly on the second Wednesday of each month at 7:30 P.M. in the Council Chamber of the City of Huntington Beach unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings shall b,_d'_calle4 by the Chairman. All meetings shall be open to the public S . 5242A Compensation. All members of the Recreation and Parks Commission shall receive compensation for their service, the sum of $15.00 for each regular monthly Commission meeting attended. No compensation shall be given for adjourned or special m ting So 5242.1.1 Duties and Responsibilities . The Recreation and Par Commission shall act in an advisory capacity to the City Councils the Boards of Trustees of the School Districts and the Director of Recreation and Parks in all matters pertaining to park acquisition, development and maintenance, and recreational programming or facilities . Also to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreational planning under the Direction of the City Council. Commissioners may study, report and interpret 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 urrent o rational needs and long- range plans for capital improvemen . / t 3 _ .WELFARE RECREATION AND PARKS S . 5242. 1.2 .S . 5242.1.2 ELECTION OF OFFICERS. The Recreation and Parks- Commision shall elect from its members a chairman and -vice chairman at the regular .July meeting and such officers shall serve for one (1) ..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. (_14341— S . . 5242.1.3 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 reo quired 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 (3) 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. Robert's Rules of Order -Revised will govern the procedure of meetings of the Recreation and Parks Commission unless inconsist nt with other provisions of this section and article. (1434# _ 1�� WELFARE MORALS S . 5311 7(oS tlSq, (3/CHAPTER 53 MORALS ARTICLE 531. GAMBLING 532. PIN BALL MACHINES 533. POOL AND BILLIARD HALLS 534. FORTUNE TELLING - PROHIBITED 535. INDECENT EXPOSURE OF TOPLESS . & BOTTOMLESS WAITRESSES & PERFORMERS ARTICLE 531 GAMBLING C63 G_Aq ?13 -�kr7 S . 5311 Keeping of Gambling Place . No person (either as princi .pal, 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 mentioned in Section 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 representative of v ue or for any merchandise or any other thing of value. (5364 - ,9 S . 5312 Permitting Gambling Games . No person (either as princi- pal, agent, employee, or otherwise) shall knowingly per- mit 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 Section 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 representative of valVe of for any merchandise or any other thing of value. (536t - �q9 S . 5313 Betting on Games . No person shall play or bet at or against any game not mentioned in Section 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 vMue or for any merchandise or any other thing of value. (536 � S. 5314 MORALS WELFARE S . 5314 Definitions . As used in this Chapter "anything of value" means money, coin, currency, check, ship, allow- ance, token, credit, merchandise, property, or anything representative of value, and includes without limitation any payment for services or for the use of any premises , cards , chips , furniture , or other article . Also, as used in this Chapter, "anything of value" means any in- crease or probable increase in business or patronage resulting directly or indirectly from the playing of any game of cards per- mitted by Section 5315. Also, as used in this Chapter, "anything of value" means any rent, renumeration 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 premises if for he playing of card games permitted by Section 5315. (7131 - ��s9 S . 5315 Card Games . Notwithstanding the provisions of Section 5311, 5312, and 5313, any game played with cards , and not mentioned in S . 330 of the Penal Code of the State of California, shall not be prohibited unless in violation of ne or more of the following sections of this article . (7131- ��y S . 5315.1 Winnings . It is unlawful for any person, firm, corpora- tion, lodge, club, association, church, or any other group of persons to receive directly or indirectly anything of value from the playing or operation of any game of cards permitted by Section 5315, other than the actual winnings to which a person playing such a game in good faith for mself alone may be entitled as the result of such game . (713j- Y/Sq S . 5315 . 2 Losses . It is unlawful for any person, firm, corpora- tion, lodge, club, association, church or any other group of persons to give anything of value for being permitted to participate in any game of cards permitted by Section 5315 other than to pay the actual losses sustained by such peVS07 n playing such game in good faith for himself alone . (713#- S . 5315.3 Betting. It is unlawful for any person, firm, corpora- tion, lodge, club, association, church or any other group of persons to bet or wager anything of value belonging to another person in any game of cards permitted by Section 5315. (7131-���' S . 5315.4 Hours . It is unlawful for any person, firm, corporation, lodge, club, association, church, or any other group of persons to play, participate in, or be present at any game of cards permitted by Section 5315, between the hours of 2:00 A .M. and 6 :00 A .M. (7131--d1`�Y / WELFARE MORALS So 5315 .5 So 5315 .5 Permitting Use of Premises . It is unlawful for any person, firm, corporation, lodge , club, association, 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 5315, in connection with which a violation 'of Sections 5315 . 1, 5315. 2 and 5315 .3 occurs . (7131-�/��� Sa 5315 .6 Seizure of Equipment. In addition to any other remedy provided 'by law, any furniture , fixtures , equipment or article , or anything of value, used in violation of Section 5315 .5 hereof, may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code of the State of California, and in .such cases shall 'be disposed of as provided in said Section 335a of said Penal Code ; provided, however, that the phrase "machine or device" as used in said Section 335a of the Penal Code, shall mean any furniture , fixtures , equipment or article , or anything of value except money, coin, or currency. Any or all money, coin, or currency used in violation of Section 5315.5 and seized pursuant to this section shall be deposited in the City General fund. (7131 - Sa 53-15.7 Inspection of Games . When any game of cards is being played which is permitted by Section 5315, it shall at all times be open to inspection by regular full time Police Offi ers of the City of .Huntington Beach while on actual duty. (713&� Sa 5315.8 Hindering Inspection, It shall be unlawful .for any person, firm, corporation, lodge, club, association, church or any other group of persons to hinder, impede, obstruct; prohibit of prevent or to assist in such hindering, impeding, obstructing, prohibiting or preventing an queb lawful inspection as provided for in Section 5315.7 . (713 S . 5315.9 Construction. Nothing in Article 531 shall be construed as permitting any game of cards prohibited by Seo.Vion 330 of the Penal Code of the State of California. (713�_- //5 Sa 5316 Severabilityo If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, as applied to any person or persons , such decision shall not affect the validity of the remain- ing portions of this ordinance . The City Council of the City of Huntington Beach hereby declares that it would have passed this Ordinance , and each section, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, paragraphs , sentences , . clauses , r phrases be declared unconstitutional or invalid, (713(_`/Si So 5317 Penalty Any person, firm or corporation violating any of the provisions of this Article shall be punished \ as provided in Section 0043 of the Huntington Beach Ordinance Code . (7130,-' � S . 5321 MORALS WELFARE ARTICLE 532 PI ALL MACH ES 710-z $� So 5321 Pinball Machines P ibited, )'very person who manu� factures , owns , stores , keeps , possesses , sells , rents , leases , lets on shares , lends or gives away, transports or exposes for sale or lease or offers to sell, rent, lease, let or shares , 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 machine 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 herein- after defined, pursuant to which the user thereof as a result of any element or 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 de- vice, or to receive any check, slug, token or memorandum entitled the holder to receive any money, credit, allowance or thing of value , is guilty of a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars or by imprisonment in the City or County Jail not exceeding six months or by both such fine and imprisonment. Any machine, apparatus or device is a pinball or marble 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, allowance 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 merchandise , indicates n of weight entertainment or other thing of value . (7101 - s� WELFARE MORALS S: 5322 S. 5322 Description. The pinball machine or --marble--machine , con- trivance, appliance or mechanical device, the use or operation or possession of which machine is prohibited by Section 5321 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 numrerous 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 player of any consideration mentioned in Section 5321. The description of the pinball machine or marble machine or other contrivance, appliance or -mechanical device given in this Section does not in any way limit the -penal provisions of Section 5321, and is not 10- be construed. as making legal any pinball machine or marble machine or other contrivance, appliance or -mechanical device which is prohibited by the general terms of Section 532 , ut may not be specifically described in this Section. (7101 -1/ S. 5323 Seizure of Machine. In addition to any other remedy pro- vided by law and such machine, contrivance, appliance or mechanical device may be seized by any of the officers 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 posed in a conspicuous place upon the premises in or upon iahich such machine or device was seized. :;Such machine or device shall be held by such officer for thirty (30) days after such posting, and if no action is commenced to recover possession 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 Article the same shall be summarily destroyed by such officer immediately after the decision of the court has becomes"final. 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 Cit of Huntington Beach to the credit of the General Fund. (710) -Z/S9 S. 5324 SupplementinS State Penal Code. The provisions of this subdivision are -not intended to conflict with, but shall supplement all laws of the State of California, 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 Article the use, ownership- or possession, as defined in Section 5321, of any such game or mechanical device or contrivance is pro- hibited by this subdivision but might /h�o be prohibited by the laws of the State of California. (710�' ?�� S. 5325 MORALS WELFARE S. 5325 Possession Prohibited. It is specifically declared that the mere possession or control, either as owner, lessee, agent., employee, mortgagor, or -otherwise of any--pinball machine or marble machine, contrivance, appliance or -mechanical device as de- fined in Section 5321 might be an infraction of the laws of the State of -California against lotteries , gaming or -gambling. It is specifically declared that every person who has in his posses— sion 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, or building owned, leased or occupied by him, or under his management or control, whether for -use or operation for ,storage, bailment , safekeeping or -deposit only, any pinball machine or -marble machine, appliance or electrical or mechanical device, as described in Section 5321, is guilty of a misdemeanor -and punishable as provided in Section 5321. It is further declared that the provisions of this Article specific- ally -make the mere possession of such machine or contrivance or de- vice illegal and render such machine or -contriva c subject to con- fiscation as provided in Section 5321. (7101 - Z9 S. 5326 Possession Continued. It is further -expressly provided that every -per-son-who has in his possession 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 described in Sections 5321 and 5322 , is guilty of a misdemeanor and punishable by a fine of Five Hundred Dollars or imprisonment in the City or County Jail for six months or •by both such fine and imprisonment , even though such person claims that such device is a game of amuse- ment only and that there is no return of any kind to the player. ,A,: The Council expressly states as a reason for the adoption of this Article that the individuals who operate such machines obtain illegal power, prey upon the public particularly children Ad the unwary, inexperienced and credulous individuals. (710 S. 5327 Public Nuisance. It is further -expre y provided that any pinball machine or ,other contrivance or device as described in Section 5321 and/or Section 5322 constitutes a public nuisance and -the City Attorney when directed by the City Council, shall institute abatement proceedin s .against the owner or lessee of any building in which such mac i is located, after the effective date of this ordinance. (710� -2s1 WELFARE MORALS S . 5328 S . 5328 Certain Machines Exempted. It is further expressly provided that this Article shall not apply to music machines , weighing machines and machines which vend cigarettes , candy, ice cream and the like upon which there is deposited an exact consideration and in whi��jjh in every case , the customer obtains that which he purchases . (7101 -1 1 S . 5329 If any section, subsection, sentence , clause or phrase of/ ''" this Article is , for any reason, held -to be invalid or un- constitutional, such decision shall not effect the validity of the remaining portions of this Article , The City. Council of the City of Huntington Beach hereby declares that it would have passed this Article , and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections , subsections , sentences , clauses or phrases be declared invalid or unconstitutional. (710) ARTICLE 533 POOL AND BILLIARD nLLS (765) - ac g5 S . 5331 Council Permit : In addition to complying wi h Chapter 21 of the Huntington Beach Ordinance Code, any person, firm, or corporation desiring to engage in the business of operating a pool or billiard hall, or other lawful indoor game conducted for profit 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 said corporation. (d) Name and address of manager or person to be in charge of premises . (e) Address or location of the proposed pool or billiard 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. (7651 -t S . 5332 MORALS WELFARE S . 5332 Police Identification: In addition to the written appli- cation as herein required, the applicant, manager and per- sons referred to in sub-sections a, b, c, and d of Section 5331 of this Ordinance , 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 fingerprints and photogra h taken for the purpose of a criminal record investigation. (7651 ,� 5� S . 5333 Permit: The City Council shall have full power to grant a permit or reject said application. After Council and Police investigation, if it shall appear that said 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 said 'business is to be conducted is satisfactory, the Council may grant said pe ra- S . and license, otherwise it shall reject and deny the same , (7650 —5334 Regulations : For Police regulation 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 vestibule 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 said room will be open to the public view. At least 50 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. om visible from the public street, or walkway. (765, 1311) e%f . S . 5334 . 1 Minors . No erson operating any. business regulated by Article 533 shall allow any minor under -age of twenty-one (21) years to be or remain in any room accessible from, or in which such business is carried on if any alcoholiV b verages are consumed, dispensed or sold on the same prem' es . ,�l (,13111 ��' �s'Y`5� S . 5334 . 2 Card Games , Vol 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 busine se shall be conducted or in any room accessible therefrom. (765� %GSA - S . 5334 .3 Gambling Bookmaking - Pool Selling - -Etc . s t shall be unlawful for any person, firm or corporation owning, operating or managing any business regulated by. Article 533 to permit or allow any person or persons to violate any of the provisions of Chapter 53 of the Huntington Beach Ordinance Code, of Chapters 9, 10 and 10. 5 of the Penal Code of the Sba e o California while in or on the premises of such business , (765V -1�5 WELFARE MORALS S . 5334,4 S . 5334.4 Permit Posted in Conspicuous Place: It shall be unlawful for any. person, firm or corporation to operate or conduct any business regulated by Article 533 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 . (765)-� %5 S . 5334. 5 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 jani or to be upon the premises during the closed hours . (765S 1311) - 7V&7 G S . 5334,6 Exception. Bowling. Recreation Center : Whenever a pool and/or billiard room is operated in conjunction with a bowling center and• a part -of the bowling center operation, Section 5334. 1 hereof pertaining to minors and Section 5334. 5 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 said minor is accompanied by a parent, guardian or responsible adult. (854)-71�� S . 5335 Revocation of Permit: In addition to 'the penalties provided for any violation of Article 533, the Council may revoke, or may instruct the Chief of Police to revoke; any permit or license 'issued for the conduct of said bus, ss for violations of any of the provisions of said Article. (765r S . 5335, 1 Appeal : Subsequent to revocation of a permit or license under the provisions of Section 5335, the permittee or licensee may petition the City Council for a public hearing by filing a written request with he City Clerk within ten (10) days after revocation, (,7651 -��5. S . 5336 Penalty: A y person violating any provision if this Ordinance shall be deemed guilty of a misdeameanor and upon conviction thereof shall be punishable by a fine of not to exceed Five Hundred Dollars ($500,00) or by imprisonment in the City or County Jail for a period of not to exceed six (6) months , or by both such fines and imprisonment . Each separate day, or any portion thereof, during which any violation of Article 533 occurs or continues shall be deemed to constitute a separate violation hereof, and a separate offense hereunder, and upon conviction therefor , each such violation shall be punishable as herein provided. (765/-��5. S . 5341 MORALS WELFARE ARTICLE 534 FORTUNE TELLING - P HIBITED 1178 _ S . 5341 Fortune Telling, Etc . Prohibited. No person shall carry on, practice or profess to practice the business or art of astrology, palmistry, phrenology, life-reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, spirit photography, spirit writing, spirit voices , spirit materialization, ethereal*ization, prophecy, augury, divination, magic, necromancy, character reading, or fortune telling by handwriting analysis , or other similar business or art, and demand or receive directly or indirectly, fee, ift, donation, or reward for the exercise or exhibition �� 7V.- 1�U� S . 5342 Same . Teaching. No person shall teach or give instruction in astrology, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, . hypnotism, mediumship, spirit writing, spirit voices , spirit- material- ization, etherealization„ prophecy, augury, divination, magic, necromancy, or other similar business or art and demand, ask or receive directly or indirectl , a gift, fee, donation or reward for such teaching or instruction IJ72,-�[�� -7 S . 5343 Penalty. Any person violating any provision of this ordinance shall be deemed guilty of a misdeameanor and upon conviction thereof shall be punishable by a fine of not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the City or County Jail for a period of not o excee six (6) months , or by both such fine and imprisonment. WELFARE MORALS S . 5350 ARTICLE 535 INDECENT EXPOSURE OF TOPLESS & BOTTOMLESS WAITRESSES & PERFORMERS 35- S . 5350 LEGISLATIVE AUTHORIZATION. This ordinance is adopted pursu- ant . o Sections 31 .5 and 318.6 of the Penal Code . All words. used in this ordinance which also are used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same resp ctive wor used in the said Sections 318.5 and 318.6 of the Penal Code .�(�3S � S . 5351 DEFINITION. THEATER. As used in this ordinance and in Sections 31 .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 vaudeville or similar performances are 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 license for a theater is in full force and effect . This defin' ion doe not supersede the provisions of Section 5350 of this code �/�3s—_Z�� S . 5352 PROHIBITION. BOTTOMLESS . Every person is guilty of a mis- demeanor who: ' (a) Exposes his or her genitals, vulva, anus, pubic hair or cleft of the buttocks or employs any device or covering 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, or (b) Permits, procures or assists any perso to so e ose himself or herself, or to employ any such device,! S . 5353 PROHIBITION. TOPLESS WAITRESSES AND PERFORMERS . Every female is guilty of a misdemeanor who 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: (a) Exposes the nipple of either breast and/or that portion 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 that aiaV portion of such part of the breast may be observed 7l M(1BA1,,; WHJ,I0A.IiK S . 5354 ACCESSORIES . Every person is guilty of a misdemeanor who permits, couns ls, or as, ists any person to violate any provision of this article S . 5355 EXCEPTIONS . This ordinance 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 statut /7��(o,3S'-21 S . 5356 CONSTITUTIONALITY. If any provision or clause —this article or application thereof to any person or circum- stances is held invalid, such invalidity shall not affect other pro- visions or applications of this article which can be given effect without the invalid provision or application, and to thizlend the provisions of' this article are declared to be severable /7( S . 5357 PENALTY. A violation of this article is punishable y a fine not exceeding $500, or by imprisonment in the county jail for not exceeding six months or by both such fine and. imp(' onment. 11�3�= WELFARE MINORS S. 5411 CHAPTER 54 -MINORS ARTICLE 541. CURFEW ARTICLE 541 CURFEW- y 80-S yq/ I/ Flo- S. 5411 ' Loitering of InorsProhibite S It is unlawful for any mtnor .under. the age of 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 entertainment or vacant lots , between the hours o 10 P-.M-. and 5 A.M. of the following day, official City tim S. 5411.1: Exceptions. The provisions of Section 5411 do not apply to a minor -accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or 'where the minor is upon an emergency -errand or legitimate business directed by his or her parent , guardian, or other adult person having the care and custody of the minor. (480, 486)- L5�y L 7/ S. 5412 Responsibility of Parents. It shall be unlawful for the parent , guardian, or other adult person having the care and custody of a minor -under the age of 16 years, to knowingly 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 hou of 10 P..M. and 5 A.M. of the following day, official City time. S. 5412.1". Exceptions. The provisions of Section 5412 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 , gua ian, o other person having the care and custody of the minor /'� S. 5413 Lack of Knowledge- of Violation. 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, publi places , vacant lots , or in violation of Section 5411. (480) S�y� S. 5414 MINORS WELFARE S. 5414 Enforcement. Every law enforcement officer is hereby authorized and empowered to demand from any person whom he has reasonable cause to believe comes within the -provisions of this Article 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 entertainment , vacant lots or other -unsupervised places , without his or her parents , guardian or other adult person having the care and custody of such person, between the hours of 10 P.M. and--.5 A.M. of the following day, that such person .give his name, address and parents ' names , -and furnish pr-oof 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 . duIt person having the care and custody of such person. (480 :-S��F 4 S. 5415 Taking into Custody. Upon the failure of such person to give -or furnish any or all of said information, any such officer is hereby authorized and empowered to take such person into custody and take him or her to his or her home, or ,communicate with his or her parents , guar-dian or other -adult person having the care and custody of such person and d mand the information herein- 'above required to be given. (480) -e7q) S. 5416 Requiring Parents to Take -Minor Home. If such person so taken into custody is a person coming within the pro- visions of this Article, any such law -enforcement officer is hereby authorized and empowered to demand of the parents, guardian or -other adult person having the care and custody f such minor that they take such minorto his or her home. (480 _*4q S. 5417 Noncooperation -by Parents. 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 demande y any such law enforcement officer is a misdemeanor. (480�1 -5�� S. 5418 Penalties. Any minor violating the provisions of Sections 5411 and 5414 shall be. guilty of misdemeanor and shall a dealt with in accordance with Juvenile law and procedure. (4801 � (State La .as to Jurisdiction of Juvenile Court over Any Minor who Violates Any Ordinance: See Welfare and Institutions Code, S.700 (m). ) WELFARE NUISANCES S . 5511 CHAPTER 55 NUISANCES ARTICLE 551. WEEDS 552. OIL WASTE 553 • SOLICITORS, PEDDLERS AND TRANSIENT VENDORS 554. NOISES 555. STANDING WATER - FENCES 556 . INOPERABLE VEHICLES 557. MOTORCYCLES & MOTOR-DRIVEN CYCLES 558. RUBBISH ABATEMENT ARTICLE 551 _. WEEDS WI� o9 � ,1��Y1 S . 5511 REMOVAL OF i 1,S REQU R D. A person owning any real property in this City are hereby required to keep said property free from weeds , whose seeds are of a winged or downy nature and are spread by the winds . (844-/O�1 S . 5512 WEEDS ARE NUISANCE . Any such weeds on any such real proper y n thie City are hereby declared to be a nuisance . (84f _/o/l S . 5513 NOTICE OF OWNER TO REMOVE WEEDS . 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 days , this City will ca e _ the s id weeds to be re- moved at the expense of said ownerI<-7q - S . 5513 . 1 Form. Service of Notice . Such notice shall be given in writing, by serving personally upon the occupant (if there be any occupant) and upon the owner, each a copy of such notice , directed to the owner, or if the owner be a non-resident of the City of Huntington Beach, by serving the occupant (if any) personally, and by mailing by registered mail, a like copy in writing to the owner at his last known address as shown by the last assessment of the said City of Huntington Beach, if said address appears thereon, or if no address appears thereon the same shall be addressed to him at the City of Huntington Beach, or if there be no occupant, by posting a copy of the notice in a conspicuous place, upon each lot or legal subdivision of the said premises and rving a copy upon the owner as herein- after provided . � S . 5514, DELINQUENCY 0 OWNER: REPORT TO COUNCIL. At the ex- piration of ten days from the sending or serving of the said notice, if the said weeds are not removed from the said property, the Superintendent of Streets shall thereupon report the said delinquency to the Council w_j h an estimate. of the prob- able cost of doing the work. (84f- , S . 5514. 1 NUISANCE'S WELFARE S . 5514. 1 Ordering of Work by City. The Council must then order he Superintendent o S reets to do the same work, at the expense of the owner of said prqq��pperty, and provide for temporary payment of the same with City fundsC t _/cap/ . 5514.2 Extension of Time . The Council may, in its discretion extend the time within which the work must be done . S . 5515 STATEMENT OF PROCEEDINGS: Contents . At the comple- tion of the work, the Superintendent of Streets must prepare a statement of the proceedings , reciting the existence of the nuisance, the description of the property, the names of the owners and occupants , if known, the giving of the notice, the hear- ing by the Council, the making of the nof> r by the Council, the doing of the work and the cost thereof _ /O/1 S . 5515. 1 Authentication: Filing . Such statement must be signed an ve Tied b the Superintendent of Streets , and filed in his offic . gq - I ,) S . 5515.2 Collection from Owner . The Superintendent of Streets shall then collect he said amount from the owner or owners of the said property by suit or otherwise, making the said charge a lien upon the said property by attachment or other levy. (84q- 19 S . 5516 PENALTY. Any person failing to clear his said prop- erty from said weeds after notice as provided in this Article , shall be subject to a penalty of Ten Dollars ($10.00) in addition to the cost of cleaning said property; and the Superinten- dent of Streets shall cause suit to be brou ht in any court of com- petent jurisdiction to collect the same . 1XI) S . 5516 . 1 Criminal Prosecution. The collection of said penalty shall no be a bar o criminal prosecution for the same offense . (84•1 -�o S . 5517 MISDEMEA ORS . Failure to keep said property free from he said weeds as provided in Section 5511 shall be a violation of this Article, and is hereby declared to be a misde- meanor; and for every lot so overgrown with weeds as set forth in Section 5511 and not cleaned after notice as herein provided in Section 5513 and 5513 . 1 there shall be counted a separate violation of this Article, and that or any other violation of this Article shall constitute a misdemeanor . (841_ -l0�/ i , WELFARE NUISANCES S . 5521 ARTICLE 552 L-•WASTE 02 7/2 2 . S . 5521 Releasing of Fluids . No person shall deposit, place , discharge .or cause to be placed, deposited or discharged any oil, naptha, petroleum_, asphaltum, tar, hydrocarbon substances , or any -kindred substances or -any water mixed with any such substances or any refuse from any oil well or the contents of any sump hole or other container -used -in connection -with -an oil well in, into upon .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 torm drain or sanitary drain or sewer of this City. (241f ARTICLE 553 SOLICITORS, PEDDLERS AND RANSIENT VENDORS 5 3)/ -7�&/ 1023 -� j.S , 5531 Soliciting on -Private Prdperty a Nuisance : The -practice of -going .in and upon -private residences - in the City of Huntington Beach, California, by solicitors , peddlers , hawkers., itinerant merchants and transient vendors of merchandise-, not having been requested or invited so to do by the owner of owners , occupant or occupants of -said .private .residences , for -the purpose of soliciting orders for the •sale of goods , commercial services , -wares and merchan- dise , and/or for the purpose of disposing of and/or -peddling, or hawking .same, . is hereby declared to be anuisance -and punishable as such as a -misdemeanor. (851, 10231 _ 1? P . ` 7/&0 Se 5531.1 Any person convicted of a violation of this Ordinance shall be fined a sum not exceeding Five -Hundred Dollars ($50MO) , or confined for -not more than six -months - in the City or County Jail, -or -b th fined and imprisoned at -the discretion of the Court. (8511-7�� S . 554.0 NUISANCES WELFARE ARTICLE 554 NOISES (100/6 ) 1072 '.1 3k`q- 1�7 S . 5540 Declaration of Necessity. It is found and declared that : (a) The making and creation of loud, unnecessary or unusual noises within the limits of the City of- Huntington Beach 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 of Huntington Beach; and (c) The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative deteVmination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the .public health, com- fort, convenience, safety, welfare and the peace ad quiet f the City of Huntington Beach and its inhabitants//p0�_9�63 .S . 5541 Noises Prohibited: It shall be unlawful for any person to make, continue , cause, or allow to be made or -con- tinued, any -loud, unnecessary, or unusual noise or any noise which annoys , disturbs , . injures , or endangers the comfort, 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 and unnecessary noises in ,violation of this part but id enume ations shall not be deemed to be exclusive , namely: �oo� _q�3 (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 signal- ing device of any unreasonably loud or harsh sound, and the sounding of any such d vice for an unnecessary and unreasonable period of time WELFARE NUISANCES S . 5541 (b) (b) Radios ; Phonographs , Etc. The using, operating, or permitting to be played, used or operated any radio, receiving set, tele- vision 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 comfort of the neighboring inhabitants or at any time with louder volume than is necessary or 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 voluntary listeners thereto . The operation of any such set, instrument, phonograph, machine or device between the hours of eleven o'clock P.M. and seven O'clock A.M. in such manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle- in which. it is locate�d shall prima facie evidence of a violation of this section. p�(� -q6 �3 (c) Loud Speakers, 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 (10) decibels of sound over the otherwise average level of sound measured at a distance of fifty (50) feet from the source of the sound is a puisance. �(13541 - ion% (e) Yelling, Shouting, Etc. Yelling, Luot-ing', hotting, whistling or singing on the public streets particularly between the hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in dwelling, hot 1, or other type of residence, or any persons in the vicinity. �DO 4 -9/� ) � (f) Animals, Bird, Etc. The keeping of anyamurinal or -bird which by causing frequent or long continued noise shal disturb e comfort or repose of any persons in the vicimit .,��(46-% (g) 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 -wirning o fire or danger, or upon request of proper city authorities.' 00&-q�3 (h) Exhausts. The discharge into the open air of the exhaust of any steam engine, internal combustion engine stationary or mounted on wheels to run on rails or otherwise, motorboat, or motor vehicle through a muffler or other dpvfice whi h will result in loud or explosive noises therefrom. ��c�� - ��3 (i) Defect in Vehicle or UOad. The use of any automobile, motor- cycle, or vehicle so out of repaiz, so loaded or in such manner as to create rl d and unn cessary grating, grinding, rattlings or other nois ��o _9`�3 S . 5541 (j ) NUISANCES WELFARE (j ) Loading, Unloading, Opening Boxes . The creation of loud and explosive noise in connection with loading or unloading any vehicle or the 'eeing and destruction of bales , boxes , crates and containers�OdCo -4/ (k) Construction or Repairing of Buildings. The erection (includ- ing excavating) , demolition, alteration or repair of any building other than between the hours of 7 :00 A.M. and 6 :00 P.M. on week days , except in case of urgent necessity in the interest of public health and safety and then only with a permit from the Building Inspector, which permit may-be granted for a period not to exceed three (3) days or less while the emergency con- tinues and which permit may be renewed for periods of three days or less while the emergency continues . If the Building Inspector should determine 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 6 :00 P.M. and 8.:00 A.M. and if he shall further determine that loss or inconvenienco would result to any part in interest, . he may grant permission for such work to be done within the hours of 6 :00, P.M. and 7:00 A.M. upon application being made at the time the/Permit f work is awarded or during the progress of the works /aO( _OV (1) Schools , Courts , Churches , Hospitals . The creation f any excessive noise on any street adjacent to any school institu- tion of learning, church or court while the same are in use; or adjacent to any hospital, which unreasonably interferes with the working of such' institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets i dicatin at the same is a school, hospital or court streetlO �dc�& - �3 (m) Hawkers *Peddlers. The shouting and crying of peddlers , hawkers and v9rndors w ich disturbs the peace and quiet of the neighborhood /a060 (n) Drums. The use of any drum or other instrument or device for the purpose of attracting attention b c, eation of noise to any performance, show or sale io.oc4 '0 (c) Metal Rails Pillars and Columns . Trans, ortation Thereof. The transportation of rails, pillars, or columns of iron, steel or other material, over and along streets and other public places upon carts, drays , cars, trucks, or in any other manner so loaded as to cause loud noises or as to di turb the eace and quiet of such streets or other public places 1(#3 (p) Street Railway Cars. Operation Thereof. The causing, permitting or continuing any excessive, unnecess ry and avoidable noise in the operation of a street railway car. �, ,CP-q�� WELFARE NUISANCES S .. 5541 (q) (q) Pile Drivers Hammers Etc . The operation between the hours of : 00 P.M. and 7: 00 A.M. of any pile driver, steam or gasoline shovel, pneumatic hammer, derrick, steam or electric hoist or other appli- ance, the use of which is attended by loud or unusual noise(ob� llJ-%3� (r) Blowers . The operation of any noise-creating blower, power fan or an`y^internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine ' equi ped with a muffler device, sufficient to deaden such noise . 006 (s ) Compressor, Fans, Etc . The use of any electrically operate com- pressor, fan, or other device between the hours of 6: 00 o 'clock P.M. and 7: 00 o ' clock A.M. in such a manner as to produce noise or vibration so as to annoy or disturb the Auiet, comfort, or repose of persons in the area or neighborhood (t) Sand and Gravel. Removal. No person shall excavate or remove any sand or gravel from any residence lot or property within the City, unless a permit s 1 first have been g anted by the Council for such excavation. S . 5542 PENALTY. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City or County Jail for a period of not more than six (6) month, or by such fine and imprisonment. �/0 0 - 3 r C J/ WELFARE NUISANCES S. 5551 ARTICLE 555 STANDING WATER - .FENCES 12_33= 744 S_5551 Standing Water - Fences: Every person in possession of land within the City-. either as owner, purchaser under a contract , lessee, tenant or licensee, upon .which is situated stand- ing water which may have accumulated by natural or other means, which standing water shall in the opinion of the City Health Officer of the City Building Director,.•be an attractive nuisance to children by reason of the location, depth, condition, soil factor, and accessibility to children shall cause said nuisance to be abated, or in the alternative, . er,ect a five (5) foot fence completely around said body of water and if any gates .are located withi the fence, all gates shall at all times be securely closed and locked / a 33-71" S, 5552 Notice. The City Health Officer or Building Director shAl;lf give notice of- said standing water to the person or persons~ in possession thereof and require them to comply within thirty (30) days and if there is not co licence, aid officer shall cause a citation or complaint to be issued. �3 3 -?�G S„_5553 Penalty. Violati of this ordinance shall be punishable as a misdemeanor. WELFARE NUISANCES So 5560 ARTICLE 556 INOPERABLE VEHICLES (1393 , 1449 vc /9/0) So 5560 Intent and Purpose . The intent and purpose of this article is to accomplish the removal of inoperable vehicles from public and private properties throughout the .City of Huntington Bepch, except as specified in Sections 5561.1 and 5561. 2 of this articl(!/�-'Z/I, ��,� So 5560. 1 Definitions , For the purpose of this article , the following words and phrases shall have the meanings hereafter set forth unless a different meaning is clearly intended from the context in which such word or phrase is used. Any word or phrase not herein defined shall have the meaningattributed to it in ordinar sage ,;----',-- ,, So 5560. 2 "Highway" means a way or place of whatever nature publicly maintained and open to the use of XFe public for purpo s of vehicular travel. Highway includes s tree t 214 3 So 5560.3 "Inoperable vehicle" means any vehicle which does not qualify to be operate uon a highway under the -Vehicle Code of the State of Californiao,�Ycfyp��_/��> S e 5560.4 "Public Property" does not include highway /�'3g'3 '1gV '��erg) Sa 5560.5 "Vehicle" means a device by which any person or property may be propelled, moved .or drawn upon a highway, except a device mov by human power or used exclusively upon a stationary rails or tracks /`%E39 3'2(,S' S o 5561 This Article shall not apply toC393 - g S . 5561 A A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is n visible from the street or other public or private property; oo 1393 47 So 5561e2 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 . Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencin .-With Section 22650) of Division II of the Vehicle Code and this Articl !3q-3-�/&F So 5562 Not Exclusive Regulation. This Article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Huntington Beach. It shall supplement and be in addition to the other regulatory codes , statutes,, and ordinances heretofore or hereafter enacted by the City of Huntington Beach the State , or any other legal entity or agency having jurisdiction 1313 r`�`8 S . 5563 NUISANCES WELFARE So 5563 "Enforcement". Except as otherwise provided herein, the provisions of this article shall be administered and en- forced by the Chief of Police or the Director of Building and Safety, In the enforcement of this article , such officers and their deputies may enter upon private or public property to examine a vehicle or part thereof, or obtain information as to the identity of the vehicle and to remove or cause removal of a vehicl��or part thereof de Tared to be a nuisance pursuant to this article (,� JC/`K9 4&9 S . 556301 When the City Council has contracted with or granted a franchise to any person or persons , such person- or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehic or pars hereof declared to be a nuisance pursuant to this Articl 0 139 3 - Se 5563o2 The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the act al costs of removal of any vehicle or part thereof) under this articl 3q3-Z�� S . 5564. Hearing : A public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof. against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing 'by certified mail, with a five-day return requested to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to deter- mine ownership. If any of the foregoing notices are returned undeliver- ed by the United States Post Office, the hearing shall be I ontinueo to a date not less than ten days from the date of such retur ,131 3-%& So 5564.1 Notice . Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, su 0, notic to be mailed at least ten days prior to the public hearin o 1-49.3-� S . 5564. 2 Facts and Testimony. All hearings under this Article shall be held before the City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the cir- cumstances concerning its location on the said private property or public property, The City Council shall not be limited by the technical rules of evidence . The owner of the land on which the vehicle is located may appear in person, or through an agent, at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the pfiesence of the vehicle on the land, with his reasons for such denialL3q-4 -2/,% "w� T� ARE NUISANCES S. 5564 0 i So 5564.3 Conditions , . 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 Article. It may delay the time for removal of the vehicle or . part thereof if, . in its opinion, the circumstances justify it. At the conclusion of the. public hearing, the City Council may find that .a vehicle or part there- of has been abandoned, wrecked, dismantled, or- is- inoperative on ,pri- vate or public. property and order the same removed from he property as a public nuisance and disposed of as. hereinafter provided and deter- mine- the administrative costs and the cost of removal .to be charged against the owner of the parcel of land on .which the vehicle -or part thereof' is located. The order -requiring removal shall include a description of the vehicle or part thereof and the .correct- identifi- catio number and license number of the vehicle, if available at the site 211661 So 5564,4 If it is determined at the hearing . that the vehicle was placed on the ..land without the consent of the land owner and that he has not subsequently acquiesced- in- its presence, the City Council shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is locat or otherwise attempt to collect such costs from such land owne e1393_V6�_ . So 556405 If an interested party makes a written presentation to the City Council but doe not appe he shall be notified in,writing of the decis io , .-.3 j 3. S :.S . 5565 Removal. Five days after adoption of the order declaring the vehicle or parts thereof to be a-public nuisance and five days from the date of mailing of notice of the decision if such notice. is required by this article, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantleras yard. After a vehicle has bee Sremoved- ' shall not thereafter -be reconstructed or made operabl °/ 3- So 5565 .1 D,M,V. . Notifications Within: five 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 .regirtratiotj ertificates , certificates of title and licensee plates 139 24 21 .S.o 5565. 2 Costs of Removal - A Lien on Property. If the administra- tive costs and the cost of removal -which are charged against the owner of a parcel of land pursuant to this article are not paid within 30 days of the date of the order, or the final dispoAition .of an appeal therefrom, such costs shall be assessed against the parcel of la nd. pursuant to Section 38773.5 of the .Government Code and shall be transmitted to the tax collector for collection Said assessment shall have the same priority as other city taxes . /3 9 3 -Z/,, So 5566 NUISANCES WELFARE -,So 5566 Penalty. It,-.shall be -unlawful -and a misdemeanor :for -any person to abandon, .. park, . store, or -leave or -permit the abandonment, parking, storing �.or :leaving .of any licensed or unlicensed' - vehicle or -part thereof :which-,_is : in an abandoned, .wrecked, dismantled - : or- inoperative ,condition upon any ,private ,property or--public -property not: iriuding highways within -the City for -a.period_:in excess of ten 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 Aawful manner .on ,private- property. in connection with the-business f :a. lice ed dismantler, licensed vehicle dealer 'or a .junkyar . 3q3-2�LO S . 5566 A It -shall be unlawful 'anda misdemeanor for any person to fail or refuse ,to ,remove •an abandoned, wrecked, dismantled . or inoperative vehicle or part thereof or -refuse to"ldbate such nuisance when ordered to do ,so in accordance •with 'the �abatement provi ons of -this article or-State law where such State - law . is. applicabl G3g3-� - S . 5567 Severability. If any -section, sub-section. - sentence, clause, phrase, or of this. ordinance is for any -reason held . to-be-.invalid or -unconstitutional -by the decision of any court of competent jurisdiction, such decision . shall .not affect the validity of the remaining--portions of this ordinance. The City Council -of this City hereby: declares that it :would have adopted this ordinance...and each section, sub-section, sentence, clause,- phrase, orµportton thereof, irrespective of the fact that .any one :or -more .sections , - subm sections , c uses , - ph ases or -portions be declared invalid or unconm stitutiona . 1l. 13:���5s WELFARE NUISANCES S . 5570 ARTICLE 557 MOTORCYCLES AND MOTOR-DRIVEN CYCLES 7- o S . 5570 SCOPE AND PURPOSE. The City Council of the City of Huntingtor Beach finds that the . operation of licensed and unlicensed motorcycles and motor-drive cycles on unimproved private property and. on public parkways, sidewalks, parklands, beaches and other public prop- erty (except public streets and highways ) in the: City of Huntington Beach creates excessive amounts of irritating dust, fumes, noise, erosion and. fire danger, and constitutes a public nuisance to the residents of Huntington Beach. This ordinance is designed to regulate the operation of registered. and unregistered motorcycles and motor-driven cycles by all persons, whether they possess a valid. California motor vehicle operator's license or not, upon unimproved private property and upon all public property .e -cept public streets and highways in the City of Huntington Beach S . 5571 DEFINITIONS. (a) Motorcycle . A "motorcycle" is any motor vehicle other than a tractor having a seat or sad.dle for the use of the rider. and de- signed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds . (b) Motor-driven cycle . A "motor-driven. cycle" is any motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower, and every bicycle with motor attached.. (c) Highways . "Highway" is a way`- or place of whatever nature, publicly maintained ned and open to the use of the public for purposes of vehicular travel. Highway includes street. (d) Unimproved 2rivate property. "Unimproved private property" shall mean any parcel of land. which either contains_ no structures or which. is not surfaced: with cement,. concrete, asphaltic concrete, or other. similar material, or which does. not have a hard. surface made up .of a "mixture of rock, sand, or gravel bound together with chem'aal or mineral substance other than natural soil. S . Ca 72 PROHIBITED OPERATIONS . (a) No person shall operate a motorcycle or motor-driven cycle other than a publicly.-owned motorcycle or motor-drive 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 of Huntington Beach. This shall not be: ' construed to prohibit the operation of a. motorcycle or motor- driven cycle having a valid California vehicle registration by any .person possessing a valid. California operator' s 1-icense upon the public Highways in the City of Huntington Beach: S . 5572 (b) NUISANCES WELFARE (b) No person shall operate a motorcycle or motor-driven cycle, other than a publicly-owned motorcycle or motor-d.riven cycle, upon any unimproved parcel of real property within the Cit of Hunt gton Beach, except as set forth in Section 5573 belo . /57.(��'� S . 5573 EXCEPTIONS . Any person desiring to operate a motor-cycle or mo r-driven cycle, and any owner of private property desiring to allow a person or persons to operate a 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 of Huntington Beach. 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, and (b) that 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) that such operation is of sufficient distance from occupied residences, churches , assembly halls or ools, s not likely to constitute a noise, dust or fumes nuisance JS�7�L�a Any owner of property meeting the requirements of this section,. or his agent, may in writing, authorize the Chief of Police to issue per- mits for the operation of motorcycles or motor-driven cycles on his property. Such authorization is to be in the form prescribed by the Chief of Police and must describe the real property and. may limit the authority to the persons set forth in said. authorization. Any change of interest in ownership in the real property shall be deemed an auto- matic revocation of such authorization. All persons holding a title interes in and. a parcel of real property must join in said author- izatio . ' �5�7.�/-0 S . 55y4 CON`TNTS OF PERMIT. (a) Name, birthd.ate and. physical description of the permittee . (b) A statement that permittee shall not operate or cause to be operated a 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 motorcycle or motor-driven cycle . (d) A statement that said permit shall be carried by permittee at all times that he is .operating a motorcycle or motor-driven cycle on public or private property as defined in this article 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 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 wtiich risks are assumed by permittee or property owner WELFARE NUISANCES S . 5575 5575 APPI:AJ,. Any applicant refused permit may appeal such refu;,ai to the sty Co 'oil by l'i'Ling an appeal in writing, t t:i-rig forth the g ro rand ; ?. �/�ej M5. 1 Bevocation or Any permit i:s.>ued hereunder is :,u ject to cuspens on or revocation by the City Council, after notice to the permittee and public hearing, on any of the follow- ing ,;rounds: (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 per- mit or any law while n priva e or 'public property pursuant to per issued herein �5�7. � S . 5576 VIOLATIONS - PENALTIES. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less- than twenty-five dollars ($25 .00) but not exceeding one hundred dollars ($100.00) , or imprisonment for a period t to exc ed thirty (-'0) days , or by both said fine and imprisonmen S . 5577 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the ordinance . The City Council of the- City of Hunting- ton Beach hereby declares that it would have. passed this ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences , clauses or phrases may be declared invalid or unc stitutio a: WELFARE NUISANCES S . 558o ARTICLE 558 RUBBISH ABATEMENT S . 558o REMOVAL OF ACCUMULATION OF TRASH, JUNK, DEBRIS, RUBBISH OR REFUSE REQUIRED. .Every owner and occupant o real property shall keep said property ree of a accumulation of trash, junk, debris , rubbish, or refuse . f 6( gV- / S . 5581 ACCUMULATION OF TRASH, JUNK, DEBRIS, RUBBISH, OR REFUSE DECLARED A NUISANCE. Any accumulation of trash, junk, debris , rubb ish� , or refuse on any real property in this City, un ss otherwise permitted by law, is hereby declared to be a nuisance 1—Z- 0 S . 5582 NOTICE TO OWNER TO REMOVE TRASH JUNK DEBRIS, RUBBISH, OR REFUSE . 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 (10) days from the giving of such notice, any accumulation of trash, junk, debris , rubbish, or refuse from such real property, and that upon failure to do so within such ten (10) days , this city will cause the said 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 t same m nner and subject to the same penalties as municipal taxes . /t 6 P- , S . 5582. 1 Form. Service of Notice . Such notice shall be given in writing, by serving personally upon any occupant and upon the owner of any real property, each a copy of such notice, directed to the owner, or if the owner be a nonresident of the City of Huntington Beach, 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 posting a copy of .the notice in a conspicuous place, upon each lot or legal subdivision of the said pr erty, aS serving a copy upon the owner as herein- IN after provide . 0z� S . 5583 DELINQUENCY. REPORT TO CITY COUNCIL HEARING. At the date and time so set by the notice, if the said accum- ulation of trash, junk, debris , rubbish, or refuse is not removed from the said property, the Director of Building and Safety shall thereupon report the said delinquency to the City Council with an estimate of the probable cost of doing the work. Such matters shall be set for hearing before the City Council and not less than ten . (10) days notice of such hearing shall be given to the occupant and owner of such 1 property in the manner provided by Section 5582. 1 of this articl 66 _�/I 5 NUISANCE-'S WELFARE jai 0 N(' 01.0 WO1'K. '['he, City Council , si.ich pub Ing, . upon a L'.1.ndinir ol' W-ie exist-.en(.-(-, o any accumulation not otherwise permitted by law of.' trash, '-junk, r debris, rubbish, o refuse , shall order the Director of Building and Safety to do said work, at the expense of the owner of said proriey and prqvide for temporary payment of the same with city Unris . , S . 5584. 1 Extension of Time . The City Council may, in its discr(�t4on, extend the time within which the work CA-6 ?'- cl 7 must be done CF/ ) I� S . 5585 STATEMENT OF PROCEEDINGS . CONTENTS . At the com- pletion of the work., the Director of Building and Safety must prepare a statement of the proceedings, reciting the existence of the nuisance,, the description of the property, the names of the owners and occupants, if known, the giving of the not- ices , the holding of the public hearing, the making of the OP"'er by the City Council, the doing of the work and the cost thereo ./4�, ,?- �/7), S . 5585 . 1 Authentication. Filing . Such statement must be signed and verified by th irector,of Building and Safety and filed with the City Counci (o ?' -F/�`/ S . -r:585.2 Collection From Owner. The City Council shall then assess such costs against the parcel of land pursuant to Section 38773.5 of the Government Code and shall cal-'se the amount of such costs and sessment to be transmitted to the tax collector for collectio(/ 7)/ S . 5586 CRIMINAL PROSECUTION. The collection of said cost of P;ea-tement_ all not be a bar to criminal pros- ecution for nuisance,/ &6R-V'/ S . 5587 MISDEMEANOR. Every occupant and owner of real prop- erty who maintains, allows ., or permits any nuisance defined in this article after notice to abate as provided in this article, is guilty of a separate misdemeanor with respect to each day that said nuisance continues , after said notice on each lot or parcel on which said nuisance shall exist . Any violation of this article is punishable by a fine not exceeding Five Hundred Dollar ($500.00) or by imprisonment in the County Jail for a period no exceeding six (6) months , or by both such fine and imprisonment . ,:&('7 S . 5588 SEVERABILITY. If any provision or clause of this article or application thereof, or any amendment or revision thereto, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid pro- vis *lo or application, or amendment or revision thereof, and to � -that t 11 , provisions of this article are declared to be sever- able L TRAFFIC DIVISION 6 .: DIVISION 6 -- ' TRAFFIC CHAPTER 60. GENERAL 61. OPERATION. : 62. STOPS AND"YIELDS 63. PARKING M PARKING METERS 66. LOADING ZONES 67. BICYCLES 68. CABS 69. SELF PROPELLED WHEELCHAIRS OR INVALID TRICYCLES ON SIDEWALKS i f 'A-7 1 1 TRAFFYE GENERAL S . 6011 CHAPTER 60 GENERAL 3zz_�ZZ��sB�-ys1 157#--, ARTICLE 601 . DEFINITIONS 602. ENFORCEMENT 603 . CONTROL DEVICES 604. TURNING MOVEMENTS 605. MISCELLANEOUS DRIVING RULES 606 . PEDESTRIAN REGULATIONS 607 . TRAINS 608. AIRPORTS ARTICLE 601 DEFINITIONS S . 6011 DEFINITIONS OF WORDS AND PHRASES . The following words and phrases when used in -this ordinance shall for the purpose. of this ordinance have th meanings respectively ascribed to them in this article . y- y/sj, 116 - � r S . 6011 . 1 Motor Vehicle Code Definitions to be Used. Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the Sta a of California and amend ents thereto, such definitions shall apply. 2 z-/? g� 58�1'q�Z� !/S7- s `�-`S . 6011. 2 Coach. Any motor bus , motor coach, trackless trolley, Qr passenger stage used as a common carrier of passenger s . 1/s7-�� S . 6011 . 3 Council. 'The Council of the City of Huntington Be S . 6011 .4 Curb . The lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking stripes in the center of a s -feet nor from tracks or rights of way of public utility companies /`57 -Y& S . 6011 . 5 Divisional Island. A raised island located in the roadway and separating opposing or conflicting streams of tr fic . S . 6011.6 Loading Zone . The space adjacent to a curb reserved for the exclusive use o --vehicles during the loading or unload- ing of passengers or materials/ S . 6011. 7 Official. Time Standard. Whenever certain hours are named herein, they shall mean standar time or aylight saving time as may be in current use in this city. 115-7-; , S . 6011 .8 GENERAL TRAFFIC S ._6011.8 Parkway. T -at portion f a street other than a roadway or -- — -- a sidewal . S � S . 6011. 9 Parking Meter. A mechanical device installed within or upon the curb or sidewalk area, immediately adjacent to a parking space , for the purpose of controll* �g the a iod of time occupancy of such parking meter space by any vehicle . ��� �� S . 6011 . 10 _Passenger Loading Zone . The space .,adjacent to a curb ~� reserved for the exclus ve use of vehicles ing the loading and unloading of passengersY� 7-���� I S . 6011 . 11 Pedestrian. Any person afoot. 57 -`fo S ._6011. 12 Police Officer. Every officer of the Police Department of this city or any officer authorized to. direct or regu- late traffic or to make arrests for violations of traffic regulations .. l S . 6011. 13 Stop. When required, means complete cessation of movement. S . 6011. 14 Vehicle Code. The Vehicle Code of th tate of California. . ' �� 3�z z��'SSy- ls- . S7 CGS" TRAFFIC GENERAL S . 6021 ARTICLE 602 ENFORCEMENT S . 6021 AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS , Officers of the. Police Department and such officers as are assigned by the Chief of Police are hereby. authorized to direct all traffic by voice., hand, audible or other signal in conformance with traffic laws , except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians , officers of the Police Department or members of the Fire Department may direct traffic as conditions may require , notwithstanding the provis ' ns to the contras contained in this ordinance .-or the Vehicle Code 3 z r / g�//S7-r.- S . 6021. 1 :Persons Other than Officials Shall Not Direct Traffic . No person other than an officer of the Police Department or a person authorized by the Chief of Police or a person authorized by law shall direct or attempt to direct traffic by voice , hand or other signal, except that persons may operate , when and as herein provided, any mechan'cal pus button signal erected by order of the Director of Public Works 1/ST���s _ • S . 6021. 2 Obedience to Police or Authorized 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 n__Y ' Department, or al person authorized by the Chief of Police or by law �-�� 1 T7-� `J S . 6021.3 Traffic Regulations Apply to Persons Riding 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 ordi- nance , excep those rovisions which by their very nature can have no application. �S� Se 6021.4 -Obstruction or Interference with Police or Authorized Officers . No person shall interfere with or obstruct in any way any police officer or other officer or employee of: this city in their enforce- ment of the provisions of this ordinance . The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking regul ions of this ordinance , con- stitute such interference or obs tructio . //,j 7-�� S . 6021.5 Public Employees to Obey Traffic Regulations . The provisions of this ordinance shall apply to the operator of any vehicle owned by or used in the service of the United States Government, this state , any county or city, and it shall be unlawful for any said operator to violate any of the provisions of this ordinance except_as therwise .permitted in this ordinance or by the Vehicle Code S . 6021.6 GENERAL T1AFFIC S . 6021.6 : Exemption of .Certain Vehicles . (a) The provisions of this ordinance regulating the operation, parking and standing of vehicles shall not only apply to vehicles ::operated by the Police or Fire Department, any public ambulance or any public utility vehicle or any private - ambulance, which .public `ut:ility vehicle or private ambulance has qualified as an authorized -emer- gency vehicle , when any vehicle mentioned, in this section - is : operated in the manner specified by the Vehicle Code . in response to an emergency call. (b) The foregoing exemptions shall not, however, relieve `-the operator of any such vehicle from obligation to exercise due care` .for the safety of others or the consequences of his willful_ disregard of the safety of others : (c) The provisions of this :ordinance regulating the • parking. -or stand- ing of vehicles shall not apply to any vehicle of a city depart- ment 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 ollection, transportation or delivery of United States Mail. S . 6021. 7 Report of Damage to Certain Property. (a) The operator of a vehicle or the person . in charge of any animal . involved in any accident resulting .in damage to any property` ."' ' publicly .owned or owned by a public utility, including but not limited to any fire hydrant, parking meter, lighting :post, tele- phone pole, . electric light ,or power pole, or resulting-An damage to any tree , traffic control device or other property of a like nature located in or along .any street, . shall within twenty-four (24) hours after such accident make a written report of such accident to the-Police -Department of this city. (b) Every such report shall .state the time when and the place where the accident took place, the name and address of -the -person own- ing and of the person operating or :in charge of such vehicle- or animal, the license number of every such vehicle, .and shall briefly describe the property damage : in 'such accident. (c) The operator of any vehicle involved in an . accident shall not be subject . to the requirements or -penalties of this secton._ if and during the time he is physically incapable of making a report, but in ,such event he shall make a report as required..-`in:.sub.d_ivision (a). within .24 hours after regaining ability to make such report. TRAFFIC GENERAL S. 6021.8 When Vehicles May ;Be Removed 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 72 or more -consecutive hours . (b) Any. vehicle which is. parked or left standing upon a street,..or highway between the .hours of .4 :00 A.M.• and 7:00 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 highway or, a- portion thereof is necessary for the .cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or -any . portion thereof is author�zed .for a purpose other than the normal flow of traffic or where the use of the street or highway or .any ., portion thereof is necessary for the movement of equipment, articles or structures of .unusual size, and the parking . of such vehicle would prohibit or interfere with such use or maybe removed are erected or placed at least twenty-four (24) hours prior to the removal S . 6022 . Any provisioP/O/f this- ordinance which regulates traffic or delegates the regulation of traffic upon state highways in any way for- which .the approval of the State Department of Public. . Works is. required by state lain,: shall -cease to be operative six months - after receipt by the City Council of written notice of 'withdrawal of approval of the State- Department- of Public Works . Whenever this ordinance 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- 1`aw, 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 wh�n d to the extent required by the State Vehicle ode . (1292,� '-�7 /�5 .7 �bS S. 6`031 GENERAL TRAFFIC` ARTICLE 603 CONTROL 'DEVICES 3Z7 - 2�, i i�7e 6S S . 6031 Authority to In Co 11 Traffic ntrol` evices . (a) The Director of Public Works shall have the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this ordinance . (b) Whenever 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 hereby authorized to install or cause to be 'installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto. _ (c) The Director of Public Works may also place and maintain or cause to place and maintain such additional traffic control devices as he may deem necessary or property to regulate traffic or to guide or warn traffic,. but he shall make such determina- tion only upon -the basis of. traffic engineering principals and traffic investigations and in -accordance with such standards , limitations , and rules as maybe set forth in this ordinance or s may be etermined ordinance or resolution of the Council . S . 6 .1 Traffic Control igns Required for Enforcement- Purposes . No .provision .of- the Vehicle -Code or of this ordinance for -which signs are required shall -be enforced against an alleged violator unless appropriate legible sigyrs are place giving notice of such provisions of the traffic.= laws . //5�- S . 6031.2 Obedience to Traffic Control Devices . The operator of any vehicle or train shall obey the instructions of any official traffic control device placed in accordance with this ordinance unless otherwise directed by a police officer -or other authorized person subject to the exceptions granted the operator of an authorized emergency vehicle whe-n . responding to emergency calls S . 6031.3 Installation of Traffic Signals . //E7-��S (a) The Director of Public Works is hereby directed to install and maintain official traffic 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. TRAFFIC GENERAL S. 6031.3 (b.) (b) The Director of Public Works shall ascertain and determine the locations where such signals are required by field inves- tigation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance 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 Department of Public Works. (c) Whenever 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 pre iously been placed and are maintained at any such intersection I Y/fl�) S. 6031.4 Lane Marking. Th_e Director of Public Works is authorized hereby to mark center lines and lane lines upon the surface of the roadway to indicate the course -to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a//PParticular direction; regardless of the center line of the highway.(21s7-�/,� S. 6031.5 Distinctive Roadway Markings. The Director of Public Works is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of.. the roadway renders 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 partme t f Public Works pursuant to provisions of the Vehicle Code. S. 6031.6 Authority to Remove , Relocate and Discontinue Traffic Control Devices. The 'Director of Public Works is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this ordinance whenever he shall determine in any particular case that the conditions wh' warrqr4ed or required the installation no longer exist or obtai . /tS7 % S. 6031.7 Traffic Control Devices : Hours of Operation. The Director of Public Works shall determine the hours and days during which any traffic control device shall be in opera- tion or be in effect, except in °ose ca a where such hours or days are specified in this ordinance S:. 6031.8 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 provi ons of an resolution or ordinance of this city pertaining thereto. �_ IXI ;� S. 6041 GENERAL TRAFFIC ARTICLE 604 :VINO MOVEMENTS Ez.-ZT-3 22' 2 S. 6041 Authority toP - e Turni-L tersections. The Director of Public Works is authorized to place official traffic 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 authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns , and the course to be traveled as so indicated VFYconform to or other than as prescribed by law or ordinanc . dS S. 6041.1 Authority to Place Restricted Turn Signs. The Director of Public Works is hereby 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 pi s or t may be removed when such turns are permitted. S. 6041.2 Signal Controlled Intersections - Right Turns. (a) No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is signpo.sted giving notice of such restriction as hereinafter provided in this section. (b) The Director of Public Works shall post appropriate signs giving effect to this section where he determines that the making of right turns against traffic signal `'stop" indication would se iously i erfere with the safe and orderly flow of traffic TRAFFIC GENERAL _ S. 6051 ARTICLE 605 MISCELLANEOUS DRIVING RULFESt 3z Z 2g� / /S7- Flc� S. 6051 DrivingThr - Funeral Processio No operator of any vehicle shall drive between the vehicles comprising 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 funeral procession or parade wishes to pass shall be subject to the orders of. the PolAveie De '�.rtment. 3zZ-� l/S7=�s S. 6051.1 Clinging to Moving Vehicle. No person sha attach him- self with his hands-, or to catch on, or hold on to with his hands or by other means , to any moving vpfiicle or train for e purpose of receiving motive power therefrom -8�� S.. 6051 . 2 Commercial Vehicles Using Private Driveways. No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk 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. For the purpose of this section a commmercial vehicle sha 1 mean vehicle having a rated capacity in excess of one-half to . ��5�'T-��� S. 6051.3 Riding or Driving on Sidewalk. No person shall ride , drive, propel., or cause to be propelled any vehicle 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 vehicle across a sidewalk; provided further , that said sidewalk 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 not be permitted to remain _u n such sidewalk a ea during the hours from 6:00 pom. to 6 :00 a. 3Z�- 1j,�- S. 6051.4 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 plac 'ndicating that the street or any portion thereof is closed. t 7'g��' d S. 6051.5 GEINMAL TRAFFIC S. .6051.5 Obedience to Barriers and Signs. No person, public utility or department in the City shall 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 reet l)y any person, public utility or by any department of this cit . S 7 � � S. 6051.6 No Entrance Into Intersection That Would Obstruct - Traffic. No operator 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 pedestria notwit anding any traffic control signal indication to procee �/ S7- 65r TRAFFIC GENERAL S.. 6061 ARTICLE 606 PEDESTRIANS REGULATIONS . S . 6061 Director of Public Works to Establish Marked Crosswalks . 3Z2.�' g'� (121I - q1'__U (a) ` 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 :. Crosswalks shall be established and maintained at all intersections within the -central traffic district and at such intersections outside -such district, and at other -places within or outside said district where the Director of Public Works determines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained .in (b) of this section. (b) Other than crosswalks at the intersections , no crosswalk 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 mid-block. (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 pedestrians from crossing .at other than crosswalks . , S . 6061.1 When .Pedestrians •Must -Use Crosswalks . . No pedestrians shall cross a roadway other than a crosswalk in the central traffic district or -in any business district . No pedestrian shall cross a roadway other than a crosswalk when there are official signs posted prohibiting such a movement. f 1211l —�/76� ZZ_I�Z� . Sa 6071 GENERAL TRAFFIC ARTICLE 607 RAINS S . 6071 Railway Gates . No ,person shall drive. any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossir while su h ate or barrier is closed or is. being opened or close . ;S . 6071.1 Trains Not to Block Crossings . No person shall cause or -permit -any railway train or- railway cars or similar vehicle 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 (10) minutes , except that this provision shall not apply to railway trains , cars or" similar vehicles on rails while blocking or obstructing :a crossing because of an accident -which requires the operator of the train, car or sim l-ar vehicle on rails to stop at or near the scene of the -accide . m-/-W =- 4 T GENErAL S . 6o8o ARTICLE 6o8 AIRPORTS 5-E-7 71 S . 6o8o DECLARATION OF NECESSITY. It is found and. declared that: (a) The making and creating of loud, unnecessary or unusual noises at night at Meadowlark Airport by airplanes in the City of Huntington Beach 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 detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City of Huntington Beach. (c) The necessity in the public interest for the provisions and. pro hibitions 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 p ce and q. iet for the City of Huntington Beach and its inhabitants . �, �c-7�� S . 6o81 HOURS WHEN TAKEOFF PROHIBITE No person shall take off any aircraft, or be a passenger therein during any takeoff of such aircraft, from Meadowlark Airport in the City of Huntington Beach, California at any time between ten o ' clock ( 10: 00) p.m. local time, and sunrise of the following day. The watch commander of the Huntington Beach Police Department may approve a takeoff during said hours in of emergency prov' ded approv 1 of said watch commander is obtained before such take of .��Sy S . 6o82 HOURS WHEN LANDING 'PROHIBITED. 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 of Huntington Beach, California at any time between ten o 'clock (10: 00) p.m. local time, and sunrise of the following day except in :case of _emergency. Any person landing any aircraft during such hours shall notify the ; watch commander of the Huntington Beach Police Department within fifteen ( 15) minutes after such landing, and such person shall at such time give said watch commander the following information: (1) name of person operating the aircraft during such landing; (2) license number of such person; (3) license number of such aircraft; . (4) time of such landing; and (5) 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 said watch commander, or such landing was not required by a bona fide emergency, such persons and. all passengers in said. air- craft at the r3ime of su landing shall be liable to prosecution under n /this sectio 5-q-�/ s . 6083 GENERAL TRAFFIC S . 6o83 No CONFLICT WITH STATE OR FEDERAL LAWS . No provision or clause of this article shall be effective if it is, at the time of violation thereof, in conflict with any state or federal law regulating the same subject matter, provided such state or fed.er law permits the act or acts prohibited by this article ��5� _, S . 6o84 PENALTY. Any violation of this article isjunishable by fine not exceeding Five Hundred D lars 500) , or by imprisonment in the county jail for a period. of excee g . six (6) months or by both such fine and imprisonment. (os_q - 7 � S . 6o85 SEVERABILITY. If any provision or clause of this article or application thereof, or any amendment or revision thereto, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, or amend- ment or revision thereof, and to that end, the. provisions of this article are declared to be severable 14S 4 _Y7I TRAFFIC OPERATION S. 6101 CHAPTER 61 OPERATION ARTICLE 610. GENERAL 611. PROHIBITED PLACES 612. TRUCK ROUTES 613: ONE-WAY ALLEYS 617. SPEED LIMITS 618. MOVEMENT OF OVERLOADS - PERMIT REQUIRED . ARTICLE' 610 GENERAL S. 6101 4 DRIVING THROUGH FZAL PROCESSION.. It is,unlawful. for 'the oper A ator of, any vehicle to.drive between the'.vehicles comprising a 1 funeral.procession,7provided ,that such vehicles are conspicuously so :designated.. (3221-1 .t t� •:i •'i 1 'J 1 '1 .S; 1 •1 •i .i .i 4 ;I i A 1 �i S. - 6111 OPERATION TRAFFIC ARTICLE 611 PROHIBITED PLACES 6 " 116; / / 3 S. 6111 CERTAIN VEHICLES PROHIBITED IN BUSINESS DISTRICT. 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 (7) A.M. and six (6) P.M. of any day except Sunday. (3220- t-?h ) S. 6111.1 Protruding/Loads. Any vehicle so loaded that any part of its load extends more than three feet (31- to the front or more than ten feet (10') to the rear of said vehicle. (322y - �� S. 6112 VEHICLES ON SIDEWALKS. The operator of any vehicle except .those ve- hicles regulated by Chapter 69 of this Code, shall not drive within any sidewalk area except to a permanent or temporary drive. (322, 10031-9/bg� L S. 6113 USE OF COASTERS, ROLLER SKATES, ETC. It shall be unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device to go upon any roadway. (322, 1199y��f� Gty2$ S. 6114 SKATE BOARDS. It shall be unlawful for any person 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 pedes- trian using such sidewalk or parking area. (1133, 11994 - 4.y/&� S. 6115 PEDESTRIAN OVERCROSSING. RIDING OVER PROHIBITED. It shall be unlaw- ful 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 of Huntington Beach. (1199, 1784 - 11/72) e- � TRAFFIC OPERATION S. 6121 ARTICLE 612 s S32- TRUCK ROUTES �Li� L s' S. 6121 Truck Routes Designated. The City Council hereby 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 (3) tons. The Director of Public Works is authorized to designate the following streets as "Truck Routes" by use of appropriate signs where , in his opinion, such designation is required. These streets are described as follows : (a) Adams -Lake to East City Limits (b) Atlanta - Beach to Bushard (c) Bolsa - Bolsa Chica to East City Limits ' (d) Bolsa Chica =Warner to Rancho (e) Brookhurst —Ocean to Garfield (f) Bushard - Hamilton to Atlanta (g) Cannery - Atlanta to Garfield (h) Edinger -: Bolsa Chica to Newland (i) Garfield - Edwards to Brookhurst (j ) Golden West - Mansion to Bolsa (k) Gothard - Garfield to Edinger (1) Graham - Edinger to Bolsa (m) Hamilton-Bushard to East City Limits (n) Lake - Atlanta to 17th (o) Main - Mansion to Beach (p) Mansion —Golden West to Main (q) McFadden - Graham to Springdale (r) Newland —Ocean to Atlanta (s) Orange - Lake to 23rd Street (t) Springdale - Warner to North City Limits (u) Talbert - Golden West to Newland (v) Warner - Pacific Coast Highway to Cannery (w) First —Ocean to Lake (x) Seventeenth —Ocean to Garfield (y) Twenty-third - Ocean to Golden West 65-71 S. 6122 Commercial Vehicles Prohibited From Using Certai Streets : The City Council hereby designates all streets in the City, except those enumerated in Section 6121, as streets on which any commercial vehicles of gross weight over t (3) tons are prohibited. YZ X 3 —e Bey s S. 6122.1 OPERATION TRAFFIC S. 6122.1 Exceptions : Nothing is this Section shall prohibit the operator of any vehicle exceeding the maximum gross weight of three (3) tons coming from a truck route having ingress and egress by direct route to and from restricted streets , when: (a) Necessary for the purpose of making pickups or deliveries of goods , wares and merchandise, from or to any building or structure located on such restricted streets ; (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. j.ur_isdiction of the Public Utilities Commission, or owned by a bus company licensed by the City; (d) Any vehicle owned by a Public Utility while necessarily in use in the construction, installation or repair of any public utility; (e) Any vehicle owned by the City while necessarily in use in the constru ion, install tion or repair of a City utility or street. p S. 6123 a Director of Public Works may erect and maintain appropriate signs on those streets a fected3 by this Section where he deems the same to be necessary S �'��is/�yz-�s/ TRAFFIC OPERATION S, 6131 4 2 2 �02 ARTICLE. 613 3 . ONE-WAY ALLEYS S. 6131 One-Way Alleys Designated. One-way alleys : The follow- ing alleys located within .this. City are hereby designated as one-way alleys :,. S. 6131.1 . Alleys in Blocks 103,. 104. Alleys between Main Street and Third Street , and between Main Street and Fifth Street , and the alleys running from said alleys northeasterly. to Walnut Avenue, and located,within- blocks 103 and 104, Huntington Beach Tract, and (322 9 502 -/�yG L /// S. 6131.2 Alleys in Blocks 203, 204. Alleys located in b1 k 203 and 204, Huntington Beach Tract. (3229 502�-/� 6132 Violation of Sign. No S. person shall operate any motor vehicle in said alleys in any direction, or enter said alleys, when a sign is p ted as herein provided, except as herein provided (322, 5021 -/��� L/�g J S. 6132.1 Entering Alleys in Blocks 103, 104. All motor vehicles entering the alleys designated and described in Section 613101 hereinabove sha enter from Main St eet or Walnut Avenue and shall exit as follows 3 ZZ- /2lZS% T02- S. 6132..2 Exit. Those entering the alleys in block 103 shall exit on Third Street ; and those enterin the alley in block 104 shall exit on Fifth Street. (322 . 5021 - 17L S. 6132..3 Entering Alleys in Bl ck's03, 204: Direction. All motor vehicles entering the said alleys designated and described in Section 6131.2 shall enter from Olive Avenue and exit on Walnut Avenue; and all. such traffic entering said legs shall proceed in the direction of the exit.; (322 , 5021- �� `� L yzg S. 6133 Signs Authorized: Sims at, Entrances. The Chief of Police is hereby authorized and directed to place or cause to be placed signs at the entrance of said alleys herein designated, reading as follows : "ENTRANCE ONLY. NE WAY ALLEY SDZ-/204) S. 6133.1 Sims at Exits. And at the exit of said alleys , signs readingas follows : "DO OT ENTER, ONE WADY ALLEY." P 22-ly? s� _�2/y�) S. 6133.2 Sims 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 dir ct the traffic in accordance with this Article. (322 , 502 1 •1*6 L 11712� S. 6134 OPERATION TRAFFIC S. 6134 Alley Parking Restricted to Unloading. It shall be illegal to ark any,,motor vehi le in any one-way alley except while unloadin .32Z-(Z VR S. 6134.1. Time Limit. Any such mot �r vehic e shall not be parked longer than twenty minutes. 22_/ r$i ,� , /2/� S. 6134.2 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 said alley. (322 , 502) TRAFFIC OPERATION S . 6171 ARTICLE 7 Z,Lrs�O, 7 SPEED LIMITS 53 1134 �Z/Ie, S . -6171 It is hereby determined, upon- the basis .of an engin eering and traffic survey, that the speed permitted by the California Vehicle Code upon the following streets is not in conformance with the safe and efficient operation of vehicles thereon, and it is hereby declared that the prima facie speed limits shall be as hereinafter set forth on those streets , or parts of streets h r n designated, when signs are erected giving �; �?Cotice thereof . /13 /,,s ��;3�g r �: 59�=S/53.- /G� �'7 S'/�' l�0l�� l�i�� j3 ` y I/1n19 y(dj (D S .-6171. 1 S e� Lim,Yt Me pr' a facl�e s d. liml't as�f'o loGis 3 �S q 121 129 1322 1357, 1382, 1 i 1436 14 2 1476 -- 1479� 1496, 15o5.y�1523;�91531; 1537- p1545-12/ � 1574-�+/70� 1583-6/70, 1592-8/7e, 1661-8/71) SPEED LIMIT STREET LIMITS MPH Adams Main to Lake . . . . . . . . . . . . . . 25 Lake to Beach. . . . . . . . . . . . . . . . . 40 Beach to Santa Ana River. . . . . . . . . . . 45 Atlanta Lake to Brookhurst. . . . . . ... . . . . . . . . . . 40 Banning Magnolia to Bushard . . . . . . . . . . . . . . . . . 40 Bolsa Bolsa Chica to Springdale . . . . . . . . . . . 50 Springdale to Goldenwest. . . . . . . . . . . . 45 Bolsa Chica Rancho to Edinger. . . . . . . . . . . . 50 Edinger to Warner. . . . . . . . . . . . . . . . 45 South of Warner. . . . . . . . . . ... . . . . 30 Brookhurst Garfield to Hamilton. . . . . . : . . . . . . . 45 Hamilton to Pacific Coast Highway. . . 50 Bushard Garfield to Brookhurst . . . . . . . . . . . . . . 45 Davenport Baruna to Algonquin. . . . ... .. . . . . . . . . . . 35 .Delaware Adams to Indianapolis . . . . . . . . . . . . . . . 35 Indianapolis to Frankfort . . . . . . . . . . . 30 Edinger West city limits to B,each. . . . . . . . . . . 40 Beach to east city limits . . . . . . . . . . . 45 Edwards North city limits to Bolsa. . . . . . 35 Bolsa to Slater. . . . . . . . . . . . . . . . . . . . . 40 Slater to Garfield . . . . . . . . . . . . . . . . . . 45 61'71. 1 OPERATION TRAFFIC SPEED LIMIT STREET LIMITS MPH Beach to east city limits . . . . . . . . . . . . . . 40 Edwards to Goldenwest. . . . . . . . . . . . . . . . 45 Goldenwest to Gothard . . . . . . . . . . . . . . . . . . 40 Delaware to Beach. . . . . . . . . . . . . . . . . . . . . 35 Florida Main to Garfield ... . . . . . . . . . . . . . . . . . . . . . 40 Gar-, field Goldenwest to Newland . . . . . . . . . . . . . . . . . . 40 Newland to Ward . . . . . . . . . . . . . . . . . . . . . . . . 45 Edwards to Goldenwest. . . . . . . . . . . . . . . . . . 45 -oldenwest North city limits to McFadden. . . . . . . . . . 40 McFadden to Warner. . . . . . . . . . . . . . . . . . . 45 Warnerto Mansion. . . . . . . . . . . . . . . . . . . . . . 50 Mansion to Pacific Coast Highway. . . . . . . 40 Gothard McFadden to Edinger. . . . . . . . . . . . . . . . . . 40 Edinger to Warner . . . . . . . . . . . . . . . . . . . . . . 45 Warner to Main. . . . . . . . . . . . . . . . . . . . . . . . . 35 Graham Bolsa to Edinger. . . . . . . . . . . . . . . . . . . . . . . 45 Edinger to Heil. . . . . . . . . . . . . . . . . . . . . . . . 40 Heil to Warner. . . . . . . . . . . . . . . . . . . .. . . 35 .-.a-iz-.-Ltcn Newland to east city limits . . . . . . . . . . . . .40 He--, Beach to Newland . . . . . . . . . . . . . . . . . . . . . . . 35 Saybrook to Beach. . . . . . . . . . . . . . . . . . . . . . 40 Holland Beach to Marken. . . . . . . . . . . . . . . . . . . . . . . 25 Huntington Adams to Atlanta. . . . . . . . . . . . . . . . . . . . . . . 30 Atlanta to Pacific Coast Highway. . . . . . . 35 Indianapolis Beach to Brookhurst . . . . . . . . . 30 Lake Seventeenth to Pacific Coast Highway. . . 35 T,N.agnelia Heil to Warner. . . . . . . . . . . . . . . . . . . . . . 45 Garfield to Banning . . . . . . . . . . . . . . . . . . . . 45 lvlain Beach to Mansion . . . . . . . . . . . . . . . . . . . . . . . 40 Mansion to Adams . . . . . . . . . . . . . . . . . . . . . . . 35 Adams to Eleventh. . . . . . . . . . . . . . . . . . . . . . 25 Mansion Goldenwest to Main . . . . . . . . . . . . . . . . . . . . . 35 McFadden Bolsa China to Graham. . . . . . . . . . . . . . . . . .. 40 Graham to Goldenwest . . . . . . . . . . . . . . . . . . . 45 Goldenwest to east city. limits . . . . . . . . . 40 Tf AF'f'I� OPERATION S . 6171.1 SPEED LIMIT STREET LIMITS MPH Monterey. Edinger to Saybrook. .. . . . . . . . . . . . . . . . . . . 35 Newland Heil to Talbert . . . . . . . . 40 Indianapolis to Pacific Coast Highway. . 40 Orange Goldenwest to Seventeenth. . . . . . . . . . . . . . 40 Seventeenth to Main. . . . . . . . . . . . . . . . . . . . 30 Rancho Bolsa Chica to east city limits . . . . . . . . 35 Saybrook Monterey to Davenport . . . 25 Seventeenth. Florida to Pacific Coast Highway. . . . . . . 35 Sher Edinger to Juliette Low. . . . . . . . . . . . . . . . 35 Slater Springdale to Newland . . . . . . . . . . . . . . . . . . 40 Springdale North city limits to Edinger. . . . . . . . . . . 45 Edinger. . to Slater. . . . . . . . . . . . . . . . . . . . . . 40 Talbert Goldenwest to Newland . . . . . . . . . . . . . . . . . . 40 Ward Yorktown to Garfield . . . . . . . . . . . . . . . . . . . 45 Warner Pacific Coast Highway to Magnolia. . . . .. 45 Yorktown Beach to Ward . . . . . . . . . . . . . . . . . . . . . . . . . 40 GS S . 6171. 2 OPERATION TRAFFIC S . 6171.2 The prima facie speed, set by the State of California on streets hereinafter set forth is as follows: SPEED LIMIT STREET LIMITS MPH Beach North city limits to 320 feet south on Holland . . . . . . . . 45 320 feet south on Holland to 300 feet south on Indianapolis . . . . . . . 50 300 feet south on Indianapolis o Pacific Coast iiig way. . . . . . . . . . . . . 55 Pacific Coast Hwy. North city limits to 800 feet south On Warner. . . . . . . . . . . 40 800 feet south on Warner to 6200 feet north on Goldenwest. . . . . . . . . . . . . 55 6200 feet north on Goldenwest 150 feet south on Twentieth. . . . . . . . . . 50 150 feet south on Twentieth 160 feet south on Twelfth... . . . . . . . . . . 45 160 feet south on Twelfth to 800 feet north on Huntington. . . . . . . . . 35 800 feet north on Huntington to 900 feet south on Beach. . . . . . . . . . . . . . 45 900 feet south on Beach to South city limits . . . . . . . . . . . . . . . . . . . . . . . . . . 55 ���-y //3y� %s TRAFFIC OPERATION So 6180 ARTICLE 618 (13' 2" MOVEMENT OF OVERLOADS - PERMIT REQUIRED S o 6180 Purpose and Application, So 6180.1 The purpose of this article is to regulate and limit the use of certain public streets and public property within the City by any vehicle defined in this article as an overload, in order to prevent 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 t - general\health, welfare and safety of the citizens of this City Se 6180. 2 Movement by Governmental Authorities - the provisions of this article shall apply to the United States , this state, counties , municipal corporations , school districts and to all other governt-mental bodies , agencies or instrumentalities ; provided, however, that if any such governmental agency shall file with the Director of Public Works an agreement in writing to pay all damages , costs or ex- penses which may be suffered or incurred by this City as a result of the movement of any overload by such agency, then such agency need not pay any permit fee or post any deposit or policy of liability insurance required by this article . 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 the overload under the supervision. and control of any officer ther fo 3 g'2-2 So 6181 Definitions . The following words and phrases shall hav the meaning 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 , - provided that if any such word or phrase is not defined in said Ve 'cle Code, it shall have the meaning attributed to it in ordinary usage o So 6181.1 City. Shall mean the City of Huntington Beach, Calr/-3. orniao iz- /P)- So 6181. 2 Department. Shall mean the Department of Public Works of ' the City of Huntington Beach, California. So 6181.3 Director. Shall mean the Director of the Department of- tat 'Works of this city or his authorized represe ta�t3v2%„/� So 6181.4 Gross Weight . Shall mean the combined weight of a vehicle and its load. S . 6181 .5 OPERATION TRAFFIC S . 6181.5 Overloads Shall mean and include any vehicle or combination of vehicles exceeding the limitations set forth in Division 15 of the California Vehicle Code rel ting to height, width, length, size or weight of a vehicle or load. S . 6181.6 Person. Shall mean any person, firm, individual, corpora- tion, partnership, trust or other organization, and shall include an owner, lessee, agent or employee of any person, firm, individual, corporation, partnership, trust or other organizotvf� 3 ) S . 6182 Permit Required for Overload. It shall be unlawful for any person to move, permit or cause to be moved, any over- load upon any public street or place in the City, without fi t obtain- ing a permit therefor from the Director as required by this Article . S . 6182. 1 Unlawful to Move Overload Contrary to Permit. It shall be unlawful for any person to move, or permit or cause to be moved, any overload upon a public street or place in the City contrary to the terms and conditions of the permit issued by the Director, in violation of any provision of this article, other applicable provisions of this Code, or of the California 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 or foggy 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 permittee of this ordi nce or w public health, safety or welfare requires such revocatio . 312- -2 S . 6183 Types or Permits and Fees . S . 6183 .1 1-Day Permit. A permit to move a specified overload on city streets during one day. Any number of trips may be made on the day for wh'ch said emit is issued . The fee for such permit shall be $5.00 3S Z ='L�g S . 6183 . 2 Temporary Permit . A permit to move specified identical overloads on city streets for a period of time not ex- ceeding 30 days . The fee for such per ' t sh e $5.00-plus $1-DO for each day such permit is in effect j39 2 () S . 6183 .3 Annual Permit. A permit to move specified identical overloads in the city streets for upeor d not �x eeding one year. The fee for such permit shall be $5 Jed S . 6184 Application for Overload Permit. Application for a permit to move an overload upon the public streets of this city, together with the fee required for the type permit requested shall be filed with the Director at least 72 hours prior to the t' e suc ver- load is to be moved upon the public streets of the city. (; Z� �8 TRAFFIC OPERATION S , 6184.1 S . 6184.1 Contents of Application. The application of an overload permit shall be made on a form furnished by the Director, and shall contain the following information: 1. Length of time for which the permit is requested, i.e, for a single trip, thirty days , or annual. 2. Except in requests for annual permits , a statement of the street or place over which applicant desires to travel. 3. A complete description of the vehicle or vehicles to be operated, including the make , license number, and weight, name of the registered owner of the truck. 4. A description of the type load to be moved, and if the request is for an annual permit, the number of trips -contemplated, 5. Such other information .as the Director de te ines nec ssary to carry out the provisions of this Article. Z S . 6184. 2 Processing Permit Application. Upon receiving an applica- tion 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 cuase investigations to be made concerning compliance with the state laws and local ordinances re- gulating vehicles , traffic 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 sr . 6s) The Chief of Police shall report his findings to the Directo . ;I :s S . 6185 Displacement of Property of Public Utility. Whenever the moving of any overload shall require 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 de- posits as are .required by the affected public utility, and of the public utility to act in an efficient and expeditious manner to re- move or displac or caus '\to be removed or displaced, such wire or other property. / 3f2 F)v S . 6186 Issuance of' Permit . The Director, as he deems necessary and reasonable may issue or refuse to issue an overload permit or may issue a permit on such terms and conditions 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 written approval of any person whose property will be unduly disturbed or endangered by app scants moving of an overload upon the public streets . 9�� S . 6186 .1 OPERATION TRAFFIC S . 6186 . 1 Director to Determine Time and Route for Moving Overload. 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 obstacles , condition of the streets , and other pertinent conditions . Routes shall, whenever possible , be confined to arterial highways and not local streets . Overloads traveling on a ro a approve by the Director are exempt from any truck route regulations � 39 -2/� S , 6186 . 2 Contents of Permits. A permit to move any overload shall set forth on its face the period of time for which it is to be effective, the routes over which the overload may 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 pro- visions of this article is void, and the City or any city officer or employee is not liable for any damages resulting to app cant due to such permit failing to contain any of such information. lr�qZ -�� S . 6186 .3 Permit Carried in Vehicle or with Operator. Every over- load permit shall be carried in the vehicle or with the operator of the vehicle to which it refers and shall be presented, upon demand, to any peace officer, traffic officer, or other authorized agent of the Department of th City c ar ed with the care and pro- tection of the city streets / 3g S . 6187 When Unlawful .to ove an Overload Without an Escort. It shall be unlawful -for any person, unless accompanied by an escort assigned by the Director, to move upon any public street or place, any overload which falls within any of the following categor- ies : 1. Has a gross weight in excess of 50 tons (100,000 pounds) . 2. The load or vehicle exceeds in width one-half the narrowest roadway over which such overload is moved. 3 . The load or vehicle exceeds 18 feet (216 inches) in width, or 16 feet (192 inches) in height. 4. The load or vehicle exceeds 65 feet over-all in length. If the Director determines that such movement of the over- load may be made safely, without damage to the street or injury to persons , or undue interference with traffic or the us of, the street by the public , he may waive the requirements of thi section. 16 �z=- /Sr' TRAFFIC- OPERATION S. 6187 .1 S . 6187.1 Deposit for Costs of Escort. 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 $20.00 for each half day (4 hours) or fraction thereof over four hours , for the length of time the Director 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 overload, the Director shall deduct from such deposit the sum of $20.00 for each half day (4 hours) or fraction thereof, or of $40.00 for each full day (8 hours) or fraction thereof over four hours , for the time such escort was used by applicant, and shall authorize the Director of Finance to refund to the applicant any difference bet- ween the amount deposited and the amount so deducted. If an amount insufficient to pay the costs of the escort at the above rates, was deposted by applicant, he shall pay to the Director an additi nal amount of money sufficient to pay for the cost of the escort S . 6187 .2 Assignment of Escort. 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 hours in aZce of t e time the move is to be started and the escort neede ��/ s, S . 6188 Parking and Night Moving. S . 6188.1 Parking of Overload Vehicles . When it becomes impossible 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 overload 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 h deems safe for such overload and other traffic on the street jZq 2- � S . 6188. 2 Moving Overload 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 500 feet from the front, rear and each side, and there must be at least four 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 -.d signs he deems necessary for the protection of other driver . l 392-2/6� S,. 6189 OPERATION TRAFFIC S,. 6189 Insurance and Bond Requirements .W. 3 yZ S,. 6189.1 Public Liability Insurance . The applicant shall indemnify and save harmless the City, the City Council, the Director, and other city employees from any suits , claims or actions brought by any person or persons for or on account of any injuries or damages sustained because of or arising out of the movement of an overload upon city streets . The applicant shall furnish to the City and maintain during the period for which an overload permit is issued, a public liability policy in which the City if named as an additional insured. The policy shall insure the City, its officers and employees while acting within the scope of their duties , against all claims arising out of or in connection with the movement of, or having on the streets , the overload. The policy shall provide for not less than the following amounts : , Bodily Injury $100,000 each person $300,000 each accident �roperty Damage $100,000 each accident ti3�Z-21G8' 6189.2 Bond Required A surety bond or cash deposit in the amount of 2,000,00 shall be deposited with the Director to guarantee the repair or replacement of any p,4blic streets or bridges or other property which may be damaged as 9,1result o a licant moving or having upon public streets , any over loa . _I392.-2 r S . 6189.3 Report of Damage . Applicant shall report ny damage to any property, public or private, as a result of moving or having upon public streets , any overload. Such report shall be pre- sented to the Director within 24 hours after such damage is caused. Such report shall include the location, caus and d option of any such damages, and the names of any witnesses J39 Z' g S . 6189.4 Responsibility for Damage. The City, the City Council the Director or any City employee shall not be liable for any loss or damage a ising out f any violation or failure to comply with this Articl TRAFFIC STOPS &. YIELDS S. 6211 CHAPTER 62 STOPS & YIELDS �.. -� ARTICLE 621. GENERAL 7121g1 _Z,7 z�f, has-�Y 7���413G.� y��9•- r3A s°3-'��, 5�9-�/� ,53� - 149', S3� -%y S� %y�� /afs7. %sl s sq-3 / Sk9-`�/Sze �z tiR�TIC / 36'��/G GENERAL l:(7,3 ,9/5-7, &990 -r57S7 ley F-��5� 74- J S. 6211 Driving; from Alleys, The operator of' 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 extended across an alleyway. (1138, 1144) S. 6212 Those streets , and parts of streets, which form the most recent revision of the Master .Plan of Arterial Streets and Highways of the City of Huntington Beach, as adopted by the City Council, are hereby declared to be through streets for the purpose of this chapter. Other streets and parts of streets de- clared 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. (1138, 1144). L G� S. 6213 Whenevers 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 traffic engineering survey at any intersection, a yield sign, 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 intersection of two such through streets or at the :intersection of a through street and a heavy traffic street not so designated, 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. (1138, 1144) S. &4 tte Director of Public Works is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine (a) whether vehicles shall stop at one or more entrances to any such intersection, in which event the Director of Public Works shall cause to be erected a stop sign 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 intersections are desig- nated 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. (1130, 1144) TRAFFIC PARKING So 6311 CHAPTER 63 PARKING ARTICLE 631. GENERAL 632. .TIME LIMIT PARKING - 63M' PARK-ING--REGULATIONS-IN-CITY L o-i-J;A) eGs C PARKING;hO-TS- ?S 61�8-1��3, 27(p,.�d/1��� 7-3 ��� , /®e17-y1ref, l05-/- y� ,o70 7/6��. ARTICLE 631 /0$4 31--�fs� y9/- GENERAL �25S-/3 26 3ZZ-� `g/S"oS-fie G3z-io7s'S; G�zA- F/s8 85��- S . 631Y Application of Regulations . 0 ��// ) Aly (a) The provisions of this ordinance regulating the stopping, standing or parking of a vehicle shall apply at all times or �lss•%s at those times . here'in specified, except when it -is necessary . to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer -or official traffic -control device . (b) The provisions of this/ordinance imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and!more restrictive provisions of the Vehicle Code or the ordinance of this city prohibiting or limiting the standing or .par of ve 'cles in specified places or at specified times So 6311.1 Stopping or Standing in Parkways Prohibited. No •person shall stop, stand or -park a vehicle within an y rkwaye Ss-- 7�s� S . 6311. 2 Director of Public Works to Maintain No Stopping .Zones and No Parking Areas , The Director of Public Works is hereby authorized to maintain, by appropriate signs or by -paint upon the curb surface , all no stopping zones , no parking -.areas , and restricted parking .areas , as defined and described. in this ordinance . When said curb markings or signs are in place, no operator of :any vehicle shall stop, stand or park such vehicle adjacent to �any such legible -curb mark* - or sign in viola i_on of any of the provi 'ons of this ordinance e i 5- . ,�2Z_1 r S . 6311.3 PARKING TRAFFIC . S . 6311.3 No Parking Areas . No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places , except when necessary to avoid conflict -with other traffic or in compliance with the -direction of a police officer or other authorized officer, or traf c sig or signre?-P al - d25$r l�z3� 3Z2-fi �0�'�� �92A ��� 10.'1-7� (a) On either side of any street be een the projecprop lines of any public walk, public steps , street or thoroughfare terminating _at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface . (b) Within .any divisional island unless authorized and clearly indicated with appropriate signs or markings . (c) In any area where the Director of Public Works determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life -or -property when such area is indicated by appropriate signs or by red paint upon the curb . surface . (d) In any area established by resolution of the Council -as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface . (e) Upon, along or across any railway track in such manner as to hinder, delay, or obstruct the movement of any car traveling upon such track. (f) In any area where the parking or stopping of any vehicle -would constitute a traffic hazard or would endanger life or property. (g) On any street or highway where the use of such street or high- way or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized fora purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual .size , and the parking of such vehicle would prohibit or inter- fere with such use or movement ; provided that signs giving notice of such no parking are erected or placed at least twenty- four (24) hours prior to the effective time of such no -parking . (h) At any place within twenty (20) feet of a point on the curb immediately opposite the mid-block end of a safety zone , when such place is indicated by appropriate signs or by red paint upon the curb surface . TRAFFIC : PARKING � S . 6311.3 (i (i) At any "place �within ,twenty (20) feet of :a crosswalk at an ..intersection when such place is . indicated by appropriate signs or by red paint -upon the curb surface except that a bus may stop •at a designated -bus stop. (j) Within twenty (20) feet of the approach to.-any traffic signal, stop .sign, or official electric flashing device , when such place As - indicated by appropriate .signs or by red paint upon the curb surface. . S . 6311,4 Use of Streets for -S"torage ,of Vehicles Prohibited. No "person who owns or has -possession, custody. or control, of -any vehicle shall park such vehicle upon a "street or alley for more than a. consecutive period of 72 .hours �3"Z_/�s, //2/?�S So 6311.5 -Parking.for -Demonstration. No operator of any vehicle shall. park. said vehicle upon any" street In this city for the principle purpose of advertising .or displaying it for sale , unless authorized by resolution of the Council. .:S . .6311.6 Repairing or -Greasing Vehicles on Public -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 upon any public -street in -this c3*py,. Temporary eme-rgency rep irs may be made upon a public street �S� S . 6311.7 Washing or Polishing Vehicles . -No -person shall wash or cause -to- be washed, . polish or cause to be polished any vehicle or -any ,part thereof upon an public -st et .in this city, when a charge is made for such service �/S�. . S . 631108 Parking Adjacent to Schools . .(a) The Director of Public Works is hereby authorized to erect signs indicating .no parking upon that side of any street adjacent to any school property -when such -parking -would, in his opinion, interfere with traffic -or create a hazardous situation. . (b) When official signs are erected- prohibiting parking :upon that side of a street adjacent to any school_ property, o person .shall- park a vehicle in any such designated place //S S=? � S . 6311.9 -Parking Prohibited on -Narrow -Streets . (a) The Director -of Public Works is hereby -authorized to place signs or markings indicating no parking upon .any street when the -width of the -roadway does not exceed 20 feet, or upon one side- of a street as indicated by such -signs or markings when the width of the roadway does -not exceed 30 feet. (b) When official signs or markings prohibiting parking --,are erected upon narrow streets as authorized herein, no person shall park a vehicle 7. —/, n any su street 3n violation of -any such sign .or markings-$'-�5� S . 6311.10 PARKING TRAFFIC S . 6311.10 Parking on Gra&E.. � 'No person shall park or leave standing any vehicle unattended on a 'highway when upon any grade exceeding 3% without blocking the whee of said 've icle by turning them against the curb or by other mea s . / / SS— 7�Sr S . 6311.11 Unlawful Parking - .Peddler Vendors . (a) Except as otherwise provided in this section no person shall stand or park any vehicle, wagon or pushcart from which goods , wares , -merchandise , fruits , vegetables or food stuffs are sold., displayed, solicited or offered .for sale or bartered or exchanged., or any lunch wagon or eating cantor 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• period of time not to exceed ten (10) minutes at any one place . The provisions of this subsection 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. (b) No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales , peanuts , popcorn, candy, ice cream or other articles of food are sold of offered for sale without first obtaining a written permit to do so from the Director of Public Works which shall designate the specific location in which such cart shall stand. (c) No person shall. park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any. street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the Director of Public .Works which shall designate the specific location where such vehicle may stand. (d) Whenever any permit -is granted under the provisions of this section 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 violating any of the provisions of this section, such permit shall be fortlawith revoked by the Director of Public Works upon the filing.: of the record of such conviction with such officer and no permit shall thereafter be issued to such person until six (6) months ve elapsed from the da of such revocation, TRAFFIC PARKING S . .6311.12 S . 6311.12 Emergency .Parking Sims . (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 power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the Director of Public Works shall direct during the time such temporary signs are in place . Such signs shall remain in place only during the existence of such emergency and the Director of - Public Works shall cause stich signs to be removed promptly thereafter. (b) When signs authorized by the provisions of this section are in place siging notice thereof, no person shall operate, park or stand any y3rhicle cont r ry to the directions and provisions of such signs j r SSA- 711e,S S . 6311.13 Display of Warning Devices When Commercial Vehicle Disabled. Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during darkness shall be equipped with and carry at least two 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 within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during darkness , a warning signal of the character indicated above shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved class A-Type I turn signal lamps , at least two toward the front and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned above can be placed in the required locations . The warning signals herein mentioned shall be displayed continuously during darkness while such vehicle remains disabled upon such street and highway S . 6311.14 Parking Parallel on One-Way .Streets . (a) Subject to other and more restrictive limitations a vehicle may be stopped or parked within 18 inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing. S . 6311 . 14 (b) PARKING TRAFFIC (b) In the event a. highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway no person shall stand or park a, vehicle upon the left-hand side of such one-way roadway, unless signs are in place permitting such standing or parking . (c) The Director of Public Works is authorized to determine when stand- ing 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 e center .,line of t e street and does not block traffic thereb �/2 - �5 . / S S . 6311. 15 Diagonal Parking. On any of the streets o portions of streets established by resolution of the Council as diagonal parking zones , when signs or pavement markings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to park said vehicle except: (a.) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space; (b) With the front wheel nearest the curb within six (6) inches of said curb . 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 6311 . 14 of this Ordinance shall be compl ed wit 32 S . 6312 MINIMUM REMAINING ROAD WID Angle parking shall not �S be permitted upon any street where parking would diminish / the width of the roadway available for travel to less than twenty-four (24) feet or upon any street which is a. portion of the city' s Master Plan of Arterial Streets and Hig ay[Ls . �1577-5/70) 1,5, 7�V S . 6313 PROHIBITING PARKING N OTHER SIDE OF STREET. The Director of Public Works is hereby authorized to prohibit the park- ing 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 sucl lock. 7 37-Z/?W/ i SS' TRAFFIC PARKING S . 6314 S . 6314. .PARKING SPACE MARKINGS. 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; •", 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 ess th size or shape of such vehicle makes compliance impossibl S . 6315 NO STOPPING ZONES. The Director of Public Works shall place and maintain appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and day when stopping is prohibited when no stopping zones have been established by resolution of the Council. During the hours and on the days designated on the signs , it shall be unlawful for the operator of any vehicle to stop said vehicle on any of the streets or parts of streets established as no s opping zones . 3(a S . 6316 UNAUTHORIZED PAINTING OF CURBS . No person, less authorized by this City, shall paint any street or curb surfaces ; pro-, vided, 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 I/SS—_? S . 6317 REMOVAL OF VEHICLES. 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 of Huntington Beach, when such parking or standing has been prohibited by ordinance or resolu- tion. No vehicle may be re ved unless signs are posted giving notice the removal . 61510j� - 4/ � _/Z/( S/ TRAFFIC PARKING S. 6321 ARTICLE 632 ' TIME LIMIT.•PARKING �S S -� L3� 774, - S'2 Z_ 373 S�_661 l/2 J/ S. 6321 Twelve or Twenty-Four Minute Parking. Green cu marking shall mean no standing or parking for a period of time longer than 12 or 24 minutes , as de.signated :by signs , at any time between 9:00 A.M. and 6 :00 P.M. on any day except Sundays and Holidays. When -autho.rized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice hereof, no operator of any vehicle shall stop, stand or parr said vehicle adj 5ent to any such legible curb marking or sign in violation thereof. �7`!n -1 3Z Z_)�� s-��_ Nly�/ S. 6322 One Hour -Parking. When authorized signs -r curb markings have been Mtermined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9:00 A.M. and 6 :00 P.M: of any day exce Sundays and holidays) for a period of time longer than one hour 2-S-yam S. 6323 Two Hour Parkin When _-authorized signs or curb markings � g: have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or -park said vehicle between the hours of 9:00"A,M. and 6 :00 P.M. of any day exceptSunday s and holida�s) for a period of time longer than two hours. �Z7 . /a�g� � 7 %s S. 6324 Continuing Violations, Additional Offenses. Every person violating the--provisions of Sections 6321, 6322 and 6323 is guilty of a separate and further violation for each period of time that the vehicle is left so parked, equal to the maximum legal parking time for the particular time zone or parking space designated in said sections setting the maximum- legal time //J, , S. 6325 Same. Commercial Vehicles and Trailer Parking Prohibited. No person shall park and leave standing, any truck, tractor, trailer, bus or any other commercial vehicle , or any vehicle with a manufacturer ' s rated capacity greater than three quarter (N) ton, or any�item of farm -machineryor special purpose machine, or any house trailer, fora period- f time longer than two (2) 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 par ed. TRAFFIC PARKING So 6331 ARTICLE 633 LOADING ZONES Se 6331 Authority to Establish Loadin hones , _ (a) The Direct-or of 'Public Works is hereby authorized to mark loading zones and passenger loading zones adjacent to the entrance to any place of business or adjacent to any hall or place used for the purpose of public assembly. (b) In no event shall more than one-*half of the total curb length in any block be reserved for loading zone purposes . (c) Loading zones shall .be indicated by yellow paint upon the top of all curbs within such zones . (d) passenger loading zones shall be ind' ted by white pain upon the top of all curbs in said zones '. �-2 -2 _/ So 6332 Garb Markings to Indicate No Stopping and Parking Regula- . tionso., The Director of Public Works is hereby authorized, subject to the provisions and limitations of this ordinance, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulation and said curb mark* shall have the meanings as herein set forth. 32ZrlZtg� IISS_ _ (a) Red shall mean no stopping, standing or parking at any ime 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) Mellow shall mean no stopping standing or parking at any time between 7o00 A.M. and 6 :00 P.M. of any day except- Sunday (s and holidays) for any purpose other than the loading or unloading of passengers or materials provided that the loading or unloading of passengers ,shall not consume more than three (3) minutes nor the loading or unloading of materials more than twenty (20) minutes . (c) White shall mean 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 (3) minutes and such restrictions shall apply between 6 :00 A.M. and 6 -00 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 mail- box, the restrictions shall apply at all times . (2) When such zone is in front of a theater or church; the re- strictions shall apply at all times except when such theater or church 'is closed, (1491) S . 6332 (d) PARKING TRAFFIC (d) When the Director of Public Works , as authorized under this ordin- ance, 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. S . 6333 Effect of Permission to Load or Unload. (a) 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 (20) minutes . (b) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes . (c) Within the total time limits above the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but ' thout permitting abuse of the privileges hereby granted . ,�SS 7/) S . 6333 . 1 Standing for Loading or Unloading Only. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloadin passengers or mater'al for such time as is permitted in Section 6333 . -S'Q� S . 6333 . 2 Standing in 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 loadir� of passenger- for such time as is specified in Section 6333 . 2-Z-� �V, 'S._ q S . 6333 .3 Standing in any Alley. No person shall stop, stand or park a vehicle for any purpose othe) than t e loading or unloading of persons or materials in any alley 3z-L�/ ,��--- 0 S . 6334 Coach Zones to be Established. The Director of Public Works is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or moron cap- iers of passengers and to determine the location thereof /SS_ ® S . 6335 Morning Parking Restrictions . It is unlawful for any operator of any motor truck to park the same, except between the hours of 4 A.M. and 9 A.M. on Main Street between Ocean. Avenue and Olive Avenue, in. this City, and on Walnut Avenue between Third Street and Fifth Street in is :.City, .except at loading zones regularly designated and marked. L_1�2�-131J J1 S�-716,,S S . 6336 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 necessity, and for the loading and unloading of building material and bulky articles , to and from business houses located on said streets and property fronting thereon. No load- ing zones shall be designated or mqr !Sd on Main Street between Ocean TRAFFIC PARKING S.' '6341 ARTICLE 634 PARKING 'REGULATIONS 'IN 'CITY •PARKING :LOTS /d,-Y 4--9& If S . 6341 Regulations for -Parking in City Owned Parking Lots . The following .regulations will apply to -parking in any of the city owned beach parking lots : '/v 91q y (a) Parking allowed within designated spaces only. (b) Parking lot hours : 8 A.M. to 12 Midnight. (1) There will be no overnight parking. (2) Any deviation from this will be by, permission of the City Administrator . ('c) � No loitering or . obstructing the flow of traffic will be allowed in the •parking . lot by any person or persons . (d) ' No vehicle shall obstruct any entrance . in the parking lot . . (e) No house trailer or similar vehicle will be allowed in the parking lot on Saturdays , Sundays or holidays . (f) ' Fees : - (1) Automobiles $ . 50 .per day (2) Buses $ 2.00 per day (3) Seasonal .parking .pass $10. 00 •per season (4) Resident -pass $ 5. 00 6/1 - 9/30 (g) Any vehicle leaving the - parking lot and returning will be required to .pay on re-entering. (h) Four parking . permits per concession owner will be allowed . (i) The person or persons designated by the City to be in charge of the : parking lot is authorized to enforce the above rules and regulations . (j) Parking shall be allowed in the parking lot on the east side of the pier adjacent to the Fisherman Restauran my for patrons of said Fisherman Restaurant . . (1425f-� 4 S . 6342 Penalty. Any person violating any; provis on of this chapter shall, upon conviction thereof, be ,guilty of a misdemeanor, and subject to a fine of not more than $500:00 or be imprisoned in the city or county jail fora period not to exceed three (3)"m6inths or by both fine and' imprisonme 9/ TRAFFIC PARKING METERS S. 6500 CHAPTER 65 ld�'j 65 PARKING METERS ARTICLE 650. GENERAL 651. METER ZONE /7 652. METERS 653 . USE OF' METERS 654. ENFORCEMENT 655. ACCOUNTING ARTICLE 650 GENERAL S . 6500 DEFINITIONS. For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unle s the ,provisions of the context otherwise require . (1490, 14911— 11/ Z_cvy S . 6500. 1 Parking Meter Zones . Means 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 ."park ing meters" or "meters". (496 , 609, 1490, 1491) S . 6500. 2 Roadway means that portion o.f a street between the regularly established curb ..lines . (496.) S . 6500.3 Sidewalk means that portion of a street between the curb lines and adjacent property lines. (496) S . 6500.4 Street means every way set apart for public travel. except alleyways , bridle paths and footpaths . (496) S . 6500. .5 Vehicle .means conveyance propelled by motor power. (496) S . 6500.6 Director . Means the Director of Harbors ,. Beaches and Development of the City of Huntington Beach. (1490, 149.1) S . 6501 Harmony with Other Regulations . This Chapter shall be .. deemed to be in addition and supplementary to, and not in conflict with, nor a repeal of existing ordinance of this City ; but shall be an additional provision for the regulation of traffic and ;. parking in the parking meter zone provided for herein. (496) S . 6510 PARKING METERS TRAFFIC ARTICLE 651 METER ZONE S 6510 ESTABLISHMENT OF PARKING METER ZONES. Parking meter zones may be established and determined by resolution of the city council and parking of vehicles within any such zone shall be as pro- vided in this chapter. (1490., 1491) S . 6511 COUNCIL TO PRESCRIBE METER OPERATION. The parking time allowed following deposit of such coins as provided in this Chapter, the hours during which such deposits are required, and the directions which shall appear on the parking meters , shall be such as may be prescribed by the Council, by resolution, (496 , 1490, 1491) S . 6512 VARIED PARKING METER TIMES. When the City Council desig- nates the parking times allowed following deposit of such coins as provided in this chapter and more than one (1) 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 inten- tion of the City Council . (14-90, 1491) S . 6513 STATE HIGHWAYS . The provisions of Chapter 65 of the Huntington Beach Ordinance 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 6512 six months after receipt of notification from the Department of Public Works, Division of Highways of the State of California of their rescinding their approval to this * Ordinance No. 609. (609) TRAFFIC PARKING -METERS So 6521 ARTICLE 652 METERS So 6521 INSTALLATION OF PARKING METERS, The Director, when directed by the Council, shall cause to be installed upon such streets or portions thereof or city owned or leased land within the -parking meter zones , adjacent to each designated parking space , such parking meters as shall have been approved by the Council, (496 , .582, 0, 1490, 1491) 601 S. 6522 SIGNS FOR 'METERS, 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, (1490, 1491) S . 6522.1 Location of Signs . Such signs may either be on separate posts , painted on the curbs , or fastened to the parking meters , .in the discretion of the Department of Public Works . (496 , 1490, 1491) So _6523 SPACES FOR PARKING. The department of Public Works shall have lines or markings. painted upon the curbs , streets or area adjacent to each parking meter designating the parking space for which said meter is to be used. ( , 1490, 1491) S . 6523 .1 Vehicle Position. Each vehicle parked adjacent to •any park- ing .meter shall -be -parked within .said lines or markings . So 6523-,2 Improper Parking -.Position, It shall .be unlawful to ,park any vehicle ,across ' any such lines or markings , or to park a vehicle in such a position that it shall not .be entirely within the space designated by such lines or markings . (496) S . 6524 FUNCTION OF METERS, Each -.parking meter shall be so designed that the deposit of a coin or coins will set the mechanism of the meter in motion or permit the said 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 said meter, when said park- ing time has expired, shall so indicate by a visable sign, (496 , 582) _So .6526 ADJUSTING OR METERS, Parking .meters when installed and properly operated shall -be so adjusted as to show legal parking as follows : Sa 652601 12-Minute Meter : To show legal. parking during a period of 12 minutes upon and after the deposit therein of a United States one cent coino . (496) TRAFFIC PARKING METERS S 6526 .2 .S . 6526 .2 60-Minute :Meter; To show legal parking during a period of 12 minutes from and after -the 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 deposit therein . of five United States one cent coins, or one United States five cent coin, .-(496) S , 6526.3 120-Minute Meter, To show legal .parking during a . period of twelve minutes from and after the deposit therein of a United States one cent coin, twenty-four 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 deposit 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 , . (496) So 6526 .5 12-Hour Meter, Twelve-hour meter to show legal parking during the period of one -hour upon and after -the deposit 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, (690, 1371) So 6526 .7 Payments . Payments for -the -aforesaid amounts for the above periods shall be made for -parking in the areas--in-the-park ing .meter zone set forth hereinafter in accordance with the type of meter installed at each •parking .spaceo (496) TRAFFIC PARKING METERS S. 6531 ARTICLE 653 USE OF METERS S. 6531 DEPOSIT OF COINS. No person shall park any vehicle in any parking space except as otherwise permitted in this Chap- ter) without immediately depositing in the parking meter adjacent to said space such lawful coin or coins of the United States as are re- quired 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 said parking meter indicates at the time such vehicle is parked that an unexpired portion remains of the period for which a coin or coins- has been previously deposited. (496, 582) S. 6532 OVERTIME PARKING. A. 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 ad- jacent 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 parking in such place is otherwise permitted or limited. (1500) B. Residential 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 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 deposited or beyond the time parking in such place is otherwise permitted or limited. (1500) C. 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 parking 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 indicates that no portion remains of the period of time for which a coin or coins have been deposited or beyond the time parking in such place is otherwise permitted or limited. (1500) S. 6533 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 'desig- nated by resolution of the Council as hours during which such deposits are required. (496, 582) S. 6534 SLUGS. It is unlawful to deposit or cause to be deposited in any parking meter any slug, device or metallic substi- tute for a one cent or a five cent or a twenty-five cent coin of the United States. (496) S 6535 TAMPERING WITH METERS. It is unlawful for any unauthorized person to open, or for any person to deface, injure, tamper with, or willfully break, destroy or impair the usefulness of any parking meter installed pursuant �o this chapter, or to hitch any ani- mals thereto. (496) S. 6536 PARKING METERS TRAFFIC S. 6536 PARKING PERMITS. Notwithstanding any other provision of this code, there is hereby established a system of per- mit parking subject to the following standards and provisions: �a) A nontransferable parking permit for a fee of Fifteen Dollars $15.00) shall be issued to cover a calendar year. Such parking per- mit or decal, when affixed to the front windshield of a vehicle with- in 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 residential parking area in the City of Hunt- ington Beach, as such residential parking areas have been, or may be hereafter, established by resolution of the City Council, without the deposit of coins in a parking meter adjacent to a metered park- ing 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 (24) hours. (b) Parking permits or decals shall be issued for one vehicle only and shall not be transferable to any other person or vehicle except in those cases where the vehicle for which the permit has been is- sued has been disposed of and a substitute vehicle acquired. Such permit shall be transferable to such substitute vehicle upon presen- tation of the old permit together with a transfer fee of One Dollar ($1.00) . (c) Where more than one vehicle is owned, upon payment of the basic fee of Fifteen Dollars ($15.00) , additional permits for additional vehicles of the same registered owner may be purchased for the sum of Five Dollars ($5.00) each. (d) The Director of Harbors and Beaches shall establish the neces- sary procedure for the sale of annual- parking permits. Such permits shall be appropriately designed and dated to indicate the appropriate year during which such permit is valid, and the area in which the owner of the permit is entitled to park. (1720 - 2/72) S. 6�3Z OTHER REGULATIONS. No provision of this article shall be construed as permitting any violation of any other parking regulation of this code. (1720 - 2/72) S. 6538 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this article 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 article. The City Council of the City of Huntington Beach hereby declares that it would have passed this article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub- sections, sentences or �hrases may be declared invalid or unconsti- tutional. (1720 - 2/72 TRAFFIC PARKING METERS S . 6541 ARTICLE 654 ENFORCEMENT 9, S . 6541 DUTY OF POLICE. It is the duty of the Chief of Police , under the direc ion of the ouncil, to keep account of all Violations of this Chapter S . 6541. 1 Record' of Violations , He shall keep an account of and report the number of each parking 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 license number of such vehicle , and any other facts and knowledge of which is necessary to a thorough understanding -of the circumstances attending such violation, e.F`1 _ 71q� S . 6541 . 2 Affixing of Notice to Vehicle . He shall attach to such vehicle a notice stating that it has been parked in viola- tion of this Chapter, and instructing the owner or operator to report to the judge of a co}� t f competent jurisdiction in regard to such viola ion. l 4609Y --T � S . 6542 VIOLATION: MAXIMUM PENALTY, Any person violating any pro- vision of this chapter or any resolution adopted pursuant to this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) , or by imprisonment in the county jail of the County of Orange , for a period not exceeding six (6) months , or by both fine and imprisonment, (1490, 1491� j y/& 1414- 7/q6 \y/69 S . 6542. 1 Exception: Compliance with Notice . The provisions of Section 6542 are subject to the preceding provisions of this Article . .(496).�, 7/q&) S . 6551 PARKING METERS TRAFFIC ARTICLE 655 ACCOUNTING S . 6551 COLLECTION OF COINS FROM METERS . It shall be the duty of the Director of Finance to designate some person or persons to make regular collections of the money deposited in said parking meters , and to deliver the money to the Director of Finance . (496 , 1327) S . 6552 PARKING METER FUND. It is the duty of the Director of Finance to count the money and to deliver said money to the. City Treasurer who shall place it in a special fund to be known as the "Parking Meter Fund", which fund shall be used exclusively for the purposes specified in Section 6554 . (496 , 1327) , S . 6553 BOND. Such person or persons making such collections shall be bonded in the sum of Two Thousand Dollars ($2,000.00) to insure the faithful performance of his or their duties . (496) S . 6554 USE OF PROCEEDS . The amount of the coins required to be deposited in parking meters as provided herein, is hereby levied and assessed as a fee to provide for the proper regulation, control and inspection of traffic upon the public 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 maintaining lines or marking, designating parking spaces in parking meter zone , and the cost of the purchase , super- vision, protection, inspection, installation, operation, maintenance , control and use of the parking meters installed hereunder, and the acquisition by purchase or lease , improvement, . operation, 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 . (496 , 609) TRAFFIC LOADING ZONES S. 6611 CHAPTER 66 �a2 ��pl q '2- LOADING ZONES l ARTICLE 661. RESTRICTED STANDING LOCATIONS 662. ESTABLISHING OF LOADING ZONES ARTICLE 661 RESTRICTED STANDING LOCATIONS S. 6611 Standing for Loading Only in Certain Places. It is unlawful for the operator of a vehicle to stop said vehicle for a period of time longer than is necessary for the loading orunloading of passengers or material (provided that the loading or unloading of passengers -shall not consume more than three (3) minutes, nor the loading or unloading of materials more than thirty . (30) minutes) in any of the following places : S. 6612 Grade. At any curb where the grade of the street ex- ceeds twelve percent (12%). (322) S. 6613 Alley. In any alley. (322) S. 6614 Loading Zone. In any "Loading Zone" . (322) S. 6615 Hospital Entrance. At any curb within twenty-five feet 25 ' of the entrance to any hospital. (322) S. 6616 Police Station. At any curb within fifty feet (50' ) of the entrance to any police station. (322) S. 6617 Fire Plug. At any curb within fifteen feet (15 ' ) of a fire plug. (322) S. 6618 Bus Stops. In any marked bus stop. (322) So 6621 LOADING ZONES TRAFFIC ARTICLE 662 ESTABLISHING OF LOADING- ZONES S. 6621 Authority to -Designate Loading Zones. The Chief of Police shall determine the location of "Loading Zones" and shall mark by appropriate signs or as specifically required therein those.-'places where standing for loading only is permitted under this Chapter, subject to the following requirements and limitations : 3 22 S. 6622 Signs : Limitations on Zones. Bus stops shall be designated by appropriate signs at those places deter- mined by the Chief of Police, except that a bus .stop shall not exceed fifty feet (501 ) in length and shall not be placed adjacent to a safety zone at a streetcar stop. (322) S. 6623 Paint : Lettering. --Every loading zone, also that portion of every curb reserved for loading only by Sections 6615, 6616 and 6617, shall be designated by yellow paint or other yellow material upon the entire curb surface therein with the words : "LOADING ONLY" in black letters thereon. (322) S. 6624 Total Loading Zone Length per Block. Within any business district , not more than one-half of the total curb length in any one .block may be set apart as a loading zone. (3221 TRAFFIC BICYCLES S. 6700 CHAPTER 67 BICYCLES (22, 322,V432, 736, 1719, 1784 - 11/72) Zs 301 sqy S. 6700 LICENSE AND REGISTRATION REQUIRED. No person, residing in the City of Huntington Beach, shall ride or propel any bicycle .upon any street, alley, park or bicycle path or other public place in this city which is not regis- tered and for which the appropriate registration fee has not been paid or whic b. does of bear er license �,a or sticker as required by the provisions of this codef:y'22--lyll S. 6701 APPLICA ION FOR REGISTRATION. Application for registration 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 number thereof, the name .of the person, firm, corporation or association from whom purchase was made, and any other infor- mation or description which is deemed n cessary by the Chief of Police for purposes of identification3Z- 1211/ / 7e4-1/72- S. 6701.1 Issuance of Identification Card. Upon ,payment of the registration fee provided by this chapter, the Chief of Police shall issue to ap- plicant an identification card containing the following information: the identi- fication number assigned to applicant, applicant's name and address, and a brief description of the bicycle being licensed, which said identification card shall be retained by applicant as proof of ownership, and kept in a. safe place. All licenses shall be issued for a three (3)"year period from and fter January 1 of the year in which such bicycle is license Iq 3�-f2/9/ /7 84-� z� S. 6701.2 Identification Tag. Upon' registration/of any bicycle and the payment of the fee required by this chapter, the Chief of Police shall issue to applicant an identification tag bearing thereon a serial number and an expiration date to be affixed to the frame of such bicycle in plain view below the seat thereof. Such tag shall remain on such bicycle and shall not be removed ,ther`efrom for the duration,9 the registration period for which such tag was issue L� 73L S. 6701.3 / Records. The Chief of Police shall keep a record of the date of issuance of each license, to whom issued and ihe .number thereof, and such. other information as he deems necessary for t identification of bicycles and the enforcement of the provisions of this chapter.//3z _/1o// /Y7�2)_ S. 6701.4 Fees. The fees required to be paid pursuant to this chapter are: (a) For new license and registration, the sum of $1.00 (b) For each transfer of ownership card applied for, the sum of $.25 (c) For reissue of identification r rd or tag lost, stolen, destroyed, mutilated or illegible, the sum of $1.003Z_1�3q/ 73� _��/39 / 7?4_ 2 J 1 S. 6701.5 BICYCLES TRAFFIC S. 6701.5 Sale or Transfer of Bicycle. Whenever any person sells, trades, dis- poses of or transfers any bicycle registered pursuant to the provisions of this chapter, he shall endorse upon the identification 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 identification 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 an identification card. For such transfer of registration, the transferee shall furnish his name and address, and upon payment of transfer fee, the Chief of Police shall issue a new identification card for such bicycle, bearing the original number of the identification tag. The Chief o"olice shall enter such transfer 'n his records pursuant to Section 6701.3 hereof.( 3 -�2��J ]3(0 -► Ai i 7 g 4 -!/�Z � /` S. 6701.E Bicycle 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 'r rented by him, giving the date of such transaction, the name and address of the person from whom purchased or traded, or to whom sold or rented, a description of such bicycle by name and make, the frame or serial number, and the ninnber of the license plate or sticker affixed thereto, if any, found thereon. Such record shall be maintained in a plain, legible handwriting in a bound book, which record shall bK availab a for inspe t on by members . of the police department at all reasonable times �3 2-lZ 31 ) 7 7 z S . 6701.7 Loss of Identification Card or Tag. 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 fur- nishes satisfactory proof to the Chief of Police of such loss or theft, upon payment of the fee provided by Section 6701.4 of this chapter, 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 apter, to notify the Chief of Police immediately of the loss or theft of such bicycl�32--1�/3o,r ?3L -'23g 177 S. 6701.8 Tampering with Serial .Number or Identification Tag Prohibited. It shall be 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 11 placing numbers or letters on frames of bicycles for purposes of identification. S. 6701.9 Tampering With Identification Card Prohibited. It .shall be unlawful for any person to tamper with, destroy, mutilate or. alter any regis: tration or identification card issued pursuant to the provisions of this chapte�i;'7. q�192 S. 6702 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 uilding, church, recreation c Ater, playground or over any pedestrian overcrossing. �x, � 3;2.2 ,1 �g� �7�y- S. 6702.1 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(,-2-2- S. 6702.2 Riding In A Group. Persons operating bicycles on a roadway shall not ride more than two abreasy except.' paths or parts of roadways set aside for the exclusive use of bicycles. / 7qq_ �� TRAFFIC BICYCLES S. 6702.3 S. 6702.3 Parkin. No person shall park a bicycle upon a street other than against he curb, or upon a sidewalk other than in a rack or' against a building. q- 172 S. 6702.4 Riding On Pier _Prohibited. No person shall possess any bicy e or any simila- type vehic a pon the municipal pier at any tim Y31 S. 6702.5 Bicycles. Impounding 0 No person shall park or leave a bicycle in the area between Pacific Coast Highway and. the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route, walkway, or path, or so as to block or impede, ingress or egress from any building, stair, pier, or bridge. Any bicycle so parked or left may be impounded by the Depart- .ment of Harbors and Beaches or by the Department of Police, and may be held until the sum of Five Dollars ($5.00) has been collectei to defray the cost of impound. (a) Any bicycle which has been so impounded and held for three (3) months without redemption by or or, 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 Section 1254 of this code. (b) 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 ntification of impound addressed to the registered owner at the registered address. �gy-11�2 S. 6703 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 this chapter, and may retain possession of such bicycle until the provisions of this chapter are complied with, and all fees provided by Section_ 6701.4 have been paid. If suc bicycle not claimed within three .(3) months, it shall be deemed to. be abandoned 0-117L S. 6703.1 Severability. If, any section, subsection, sentence, clause, phrase. or portion of this chapter, 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 chapter, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase .or portion or any future amendments or additions thereto, irrespective of th fact that any one or more sections, subsections, clauses, phrases, portions or a future amendments or additions thereto be declared invalid or unconstitutiona 7? TRAFFIC TAXICABS AND VEHICLES FOR HIRE S . .6800 CHAPTER 68 :TAXICABS AND VEHICLES FOR HIRE Article 680 - � ene al. I�o 7 681--- Certificate 682 - Rates , .Charges .~ 683 - Operation 684 Owner 's Requirements 685 - Driver's Permit 6W - Permit and Certificate Nontrans- ferable ARTICLE 680 GENERAL -.S . 6801 Definitions . . . For the purpose of this chapter, the words and: phrases herein defined. shall be construed in accordance-Mith the following definitions , unless -it .is apparent from the- context that a. different meaning is intended. 13 8 .. S . 6801.1 Certificate. The term "certificate" shall mean .a certificate of epo ublic conve fence and necessity. issued pursuant -to this Chapter. L9 - S . 6801. 2 Taxicab. The term "taxicab" shall mean .an .automobile or motor-propelled vehicle with distinctive markings or color regularly engaged in the business of 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 o eration extends beyond the boundaries of .the .City. 3G g 11/G *?5 S . 6801.3 Sight-Seeing .Automobile . The term "sightseeing automobile" shall mean 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 passengers or elsewhere . ( 1365 - i► f o) :.5 . 6801.4 Public Transportation Vehicle. The term "public transportation vehicle" shall mean a motor-' propelled 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. ( (368 ' 11/4 Se 6811 TAXICABS .AND V_F1iiCLES FOR HIRE TRAFFIC ARTICLE 681 CERTIFICATE Se 6811 Certificate Required° No person shall solicit or pick up passenger's.- in the .City, or engage in the business of operating any of the -vehicles defined in Section 6801 .within the City, without having . first obtained a separate certificate of public con- venience 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 convenience and necessity is needed and has been .granted by the 1 Public Utilities Commission . of the State of California. " Se 6811,1 Application for Certificate . , An application for a certif- icate 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 ($25000) , plus Ten Dollars ($10000) 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 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 applicant_ 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, (f) The name of the legal and regsstered 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 Iudgments (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 . TRAFFIC TAXICABS AND VEHICLES FOR .HIRE "" �So 6812 So 6812 -Investigation and Hearing° Upon-rece'ipt "of any such application for a certificate , the City Clerk shall, ' upon determining the application to be in order,refer th6 'matter to the Chief of Police for 'investigationo - - 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 photographed- and .fingerprinted. The Chief of Police shall .complete 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 cleanliiiess , equipment, safety devices , brakes , lights and obsolescenseo Upon receipt of the report, the City Clerk-shall set the same' for hearing'before the City• Councilo 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- necessity have been theretofore `issued The City Council shall render its decision within sixty days after the matter . if first set for hearing before it o Sa 6813 . Issuance of Certificates . At 'the -time set for -the hearing of such •.application, - the City Council may examine the ::applicant and . all .persons interested : in the matter set forth in the . application, and shall determine :whether or -not the public -interest, convenience :and necessity require the issuance of the certificate applied for, and if itjs found by the Council that the public interest, convenience and necessity require the issuance of the certificate 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 6815 , 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, So 6814 Grounds .for .Denial _ of Application, If the City Council finds any of the following conditions to exist it shall deny. the application° (a) That the application -is not -in the .form and does not contain the information required to be contained therein by this Chapter. (b) That 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) That the color scheme, name, monogram or .-insignia to be used upon such .vehicles or in the business resembles the color scheme, name, monogram or . ins-ignia 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) That the applicant has within the past two years had an application for -such a certificate .denied for cause . So 6:814 (e) TAXICABS AND VEHICLES FOR HIRE TRAFFIC (e) That 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 certificates 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 necessity does not require the issuance of such permit. ( ' S . 6815 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 . insurance company evidencing that the certificate holder is insured under a liability insurance policy providing minimum coverage in the following amounts : Death or injury of one (1) person, One Hundred Thousand Dollars ($100,000) ; death or injury of two (2) or more persons , Three Hundred Thousand Dollars ($300,000) ; damage to property, Fifty Thousand Dollars ($50,000) . Such document evidencing insurance shall provide that the City shall be given thirty (30) days- prior -written notice of any cancellation, termination or change in the , amount of such insurance coverage. S . 6816 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 (5) days notice to the certificate holder requiring him to appear at a certain time and place to show cause why the certif- icate should not be revoked, for any of the following reasons : (a) That the document required by Section 6815 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 conditions set out in this Code or the certificate . (d) For the violation of any of the laws of the State of California or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certificate . (e) 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 described 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. , TRAFFIC TAXICABS AND VEHICLES FOR HIRE S . 6817 S . 6817 CHANGES OF OPERATION. 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 per- mission 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. If application is made to increase the number of vehicles, payment of the annual vehicle fee for each additional vehicle requested shall be made at the time of application . Fees tendered for additional vehicles which the City 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 . ARTICLE 682 C 3 6 RATES - CHARGES S . 6821 RATES OR CHARGES . S . 6821. 1 Taxicabs . Each person seeking a certificate of public con- venience and necessity for the operation of taxicabs in the City shall file a proposed schedule of rates . The City Council shall by resolution establish 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 certificate holder at least five days before the hearing and the City Council may direct other notice be given as it deems necessary. C 134 g - ►) f c)) S . 6821.2 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 schedule of rates shall be submitted to. the City Council for approval 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 . C f368 ir��� S . 6822 TAXICABS AND VEHICLES FOR HIRE TRAFFIC S . 6822 Annual Vehicle Fee. Each holder of a certificate issued hereunder shall pay an annual fee for each fiscal year or portion of a fiscal year for each vehicle operated 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 6801 25.00 For each additional vehicle other than taxicab so defined 10.00 The fees are due July 1st of each year and. if of paid become delinquent August is t of each year. ( ( 3(,8 - I 1 14 'l S . 6823 Refusal to Pay Fare. No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same. No person shall hire any vehicle described in this Chapter with the intent to defraud the person from whom it is hired of the charges or fare. ARTICLE 683 OPERATION S . 6830 Cruising Prohibited. No driver of a vehicle, other than a taxicab, defined in Section 6801, shall cruise in search of passengers . ( ( 3 G ed - (1 /6-?) S. 6831 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 sundown the face of the taximeter shall be illuminated. No other fare shall be charged than is recorded on such taximeter. Such taximeter shall be subject to inspection from time to time by the Chief of Police or his authorized representative, 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 taximeter is replaced by one approved by the Chief of Police or is adjusted to his satisfaction. ( (3 Gg _ () r67) S. 6832 Identification Lights for Taxicabs . (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. C(-3 - ► ►�G7� TRAFFIC TAXICABS AND VEHICLES FOR HIRE So 6833 S . 6833 Operation •of Taximeter. No driver of a taxicab shall fail . . to engage the taximeter at the beginning of a trip when the taxicab is hired by a --passenger or fail to promptly disengage the meter at the termination of . the service. 13 G8 ) So 6833. 1 Registered :Fare .®Request for Receipt. No driver shall charge any fare or fee other than that registered on the taximeter or -fail or refuse to give a -receipt for -the amount charged upon the request of the person paying -the fare. �- ,3 g. ► t 6>� So 6834 Standing :Taxicab on .Public Street, No person shall cause or_ permit .a taxicab to remain standing upon any-portion of any public streetwithin the City, except for loading and unloading passengers , and then not for a period of more than five minutes , ex- cepting at such stands as may be designated by the City Council. This subsection shall not apply to any taxicab while the same is engaged by and being. .paid for by a passengers :S . 6835 Right of Exclusive -Taxicab -Use by Passenger. 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 . passenger. compartment .and the -whole thereof, if he desires the same . t3G0 - I.If 6;) So 6836 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 accessible route . C13G8 ' 1)(0) S 6837 Advance _Taxicab License for Fee Payment Required, No person. shall operate any taxicab business without preen paying .any license fee required by the City for the transaction of any such business , - S � 6838 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 ordinary conversation, ( (3 &9 - (i '6-)) _. S . 6839 Taxicab Mechanical Condition. No person shall operate a taxicab that -is not in .good mechanical condition. 13Gg ' 1►�6�� S- 6;840 TAXICABS AND -VEHICLES FOR HIRE TRAFFIC ARTICLE 684 OWNER REQUIREMENTS .So 6840 Taxicab Driver's License and Permit. No person shall drive a taxicab in the City without first having obtained a taxicab driver's permit .issued by the Chief of Police , as provided in thils Chapter. So 6841 Posting of Required Information.in Taxicabs . Every .taxicab shall have •visibly posted . in the passenger 's compartment a schedule of -rates and charges for the hire .of said vehicle 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 number, all contained: in a small metal container or holder, at least three by four inches in size and:place in a conspicuous place in .the ,passenger compartment. ( 1368_ 11 (61 . So 6842 Taxicab Charge Regulation, 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 excess of the roundtrip meter -rate , plus waiting time, may be charged for trips outside the City of Huntington Beach, `where the one-way distance of the trip is greater than .six miles . ( 1368 ' ►itC7 So 6843 Maintenance of Taxicab Passenger Compartment. No taxicab shall be operated unless the passenger compartment is kept in a clean and sanitary condition. Cr 3GB " ►t r6l) Sm 6844' Fire -Extinguisher for -Taxicab. Every taxicab •shall be equipped at all times with a standard type fire extinguisher in good working condition. ( / 36 e ' f1(6-1) . So 684.5 Certificate.and License Required for Taxicab Operation. No person .shall solicit or pick up passengers for -pay within the City for trans-pdrtatibn -in':any cab, taxicab, automobile, 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, CI -3 So -6846 Taxicab Identification. Every certificate holder shall designate -each,of his taxicabs by number, and no .two (2) taxicabs of any certificate holder -shall be designated by the same numbero The name or trade name of the certificate holder -and the number by -which the taxicab'-. is designated shall be printed, stamped or -stenciled conspicuously •on the outside of e ch taxicab and in the passenger compartment thereof. ( 1 3 4 8 - )) 0) Sa 6847 Twentymfour .Hour -Service -Re . No person who operates a taxicab business or an ambulance business shall fail to provide taxi service and ambulance service, respectively, for twenty-four (24) hours a day and seven (7) days a week. ( 13(, a - /// 7} TRAFFIC TAXICABS AND _UEHsCLES FOR: 'HIRE S . 6851 ARTICLE 685 :DRIVER'S PERMIT S . 6851 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 therefor -to the Chief of Police accompanied by a fee of Five Dollars ($5.00) . No permit shall. be issued _ to -any person under the age of eighteen . (18) 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 incompetent 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 wi-thin the period of two years immediately preceding such application has been .convicted of reckless driving or driving a vehicle upon a highway. while .under the.. influence of intoxicating liquors or drugs , or who has been convicted of violating .any provisions of the Alcoholic Beverage Control Act of 'the State of .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 may 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 °permit _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 the Motor Vehicle Department of the State, or -who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicle . Any falsification on the application for -said permit will be .grounds for refusal of the =permit. r67) S . 6852 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. ( 1341 . )1 /47) $ a 6853 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 automatically expire sixty (60) days from the date- it was : issued or upon issuance of a regular driver's permit. The Chief of Police shall .summarily ,revoke any temporary permit when he determines not- to - issue a driver's permit to the applicant. C t 9.� "68'54' - TAXICABS AND VEHICLES FOR HIRE TRAFFIC So 6854 - 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. . S . 6855 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 -,calendar -year. If so made within the period prescribed the -charge for -renewal shall be Two Dollars ($2,00) o The permits are personal and nontransferable. ( 13(,g_ 1) (6) So 6856 Revocation. The Chief of Police may revoke or suspend any such driver's permits so issued for any -violation of the _-provisions of this Chapter -by the holder of such permit or for the existence of any state -of facts which would have been a good reason for denying .such permit .-when applied for, .whether such facts existed at the -time -application was made .for such permit or came into existence thereafter, ( 1 3 69- o lc)) ,So 6857 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. /3G 8 . t ►��>1 . ARTICLE 686 PERMIT AND .CERTIFICATE NONTRANSFERABLE S , 6861 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, TRAFFIC SELF-PROPELLED'.WHEELCHAIRS. S. 6901 CHAPTER 69 SELF-PROPELLED' WHEELCHAIRS OR INVALID TRICYCLES ON' STDEWALKS 3 2;k 1 -;-- 9 &3 ARTICLE 690. OPERATOR' S PERMIT 691. REGISTRATION 692. SAFETY- INSPECTION AND DECAL 6 93. SPEED-LIXIT- 694. RIGHT OF WAY 695. DISTANCE FROM BUILDINGS 696. PARKING ON SIDEWALKS 697. APPLICABILITY OF CHAPTER 698. VIOLATION ARTICLE 690 OPERATOR 'S PERMIT c S. 6901 Operator ' s Permit-. - No person shall operate any battery operated vehicle upon the sidewalks of the City of Huntington Beach 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 ordinance are met, v-vt 3 -q G3 S. 6901.1 Application for Permit. Applica ion for 8aid permits may be obtained and filed with t 3 z Police Department. S. 6901.2 Certificate of Physical Qualific�.tions.�/�ny application for such permit shall be accompanied by a Certificate of Physical Qualification setting forth the applicant 's physical qualifications to operate such a vehicle to be completed and signed by a medical doctor. Blank ertificatgs may be obtained from the Police Department. 3Z Z - 1' fib) - S. 6901.3 Evidence of Disability. Any applications 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. S. 6911 SELF-PROPELLED WHEELCHAIRS TRAFFIC ARTICLE 691 REGISTRATION , S. 6911 Regi-stration. All battery operated vehicles known as Self-Propelled Wheelchairs or Invalid Tricycles which are operated upon .the sidewalks of the City of Huntington Beach shall be registered with the City Police Department, ova ARTICLE 692 SAFETY INSPECTION AND DECAL S. 6921 Safety Inspection. No battery operated vehicle shall be permitted to operate upon the sidewalks of the City of Huntington Beach until said vehicle has received a safety inspec- tion by the Police Department and has received a decal indicating it has complied wit all safety equirements , as established by the Chief of Police. 9Z /z$ S. 6921.1 Ins ection'. Decal. The Safety Inspection -Decal shall e displayed in a prominent place upon the vehicle at all times and be of such col r and design to be easily seen by pedestrians. /' 3 z z - ( 3 "I.$ ARTICLE 693 SPEED- LIMIT S. 6931 Maximum Speed Limit. The maximum speed limit for all attery operated vehicles upon the sidewalks of the ' City of Huntington Beach shall be three miles per hour. // ARTICLE 694 RIGHT OF WAY S. 6941 Right of -Wa . -The operators of battery operated vehicles upon the sidewalks of the City of Huntington Beach shall at all times yield the right of way of pedestrians. TRAFFIC SELF-PROPELLED WHEELCHAIRS S. 6951 ARTICLE_ 695 M DISTANCE FROM- BUILDINGS S. 6951 Minimum Distance from Buildings. All battery operated vehicles driven upon the sidewalks of -the City of Huntington Beach shall, during their_ operation, maintain at least a five (5) foot clearance from all -building ll -building 3 - I z /z$ ARTICLE 696 PARKING ON SIDEWALKS S. 6961 Parking on Sidewalks. No person shall stop, park, or leave standing, whether attended or -unattended, any self-propelled wheelchair or invalid tricycle upon the sidewalks of the City of Huntington Beach in -such a position;: as to obstruct the complete width of the sidewal ARTICLE 697 APPLICABILITY OF CHAPTER S. 6971 Chapter Applies Only to Sidewalks. The regulations and controls set forth in this Chapter shall apply only to operators and vehicles while upon the sidewalks of the City of Huntington Beach. � _ / Z (z 8 o-0 3 — q �a) ARTICLE 698 VIOLATION S. 6981 Violation a 'Misdemeanor. Any person who violates or fails to comply with the provi ions of this Chapter is guilty of a misdemeanor, S. 6981.1 Penalty. Any pe son convicted of a misdemeanor under the provisions of this Chapter shall be punishable by imprisonment in the City Jail of the City of Huntington Beach, if there be one,_ or in the County Jail o.f Orange County, as the Judge of a court of competent jurisdiction may direct , not exceeding six (6) months , or by fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment. 003 — 9 W e PUBLIC PLACES DIVISION 7 >: - DIVISION 7 1 PUBLIC PLACES CHAPTER 70. GENERAL 71. STREETS 72 . STREET WORK 73 . SIDEWALKS 74. BENCHES 75 . BEACH AND PIER 76 . HARBORS 77. PARKS 78. PUBLIC BUILDINGS 79. PARADES j I i t - i E i - - i i i i PUBLIC PLACES GENERAL : S . 7.011 CHAPTER 70 GENERAL ARTICLE 701. DRESSING 'IN 'PUBLIC .702. CITY PROPERTY 703 . WARNING LIGHTS & BARRICADES ARTICLE 701 .DRESSING 'IN PUBLIC ,S , 7011 Dressing in- Public .Places . It' is unlawful to change clot he's in any public -restroom or public place -in this city. (5421,�/q ARTICLE 702 CITY PROPERTY ,S . 7021 Damaging of City Property. Every _person -who •willfully writes upon, paints upon or draws upon, defaces , cuts , or mutilates any building, street, sidewalk, lamppost, pole_, bench, chair, table , or other pro erty belonging to this City. is guilty of a misdemeanor. (47714/43 ARTICLE 703 WARNING .LIGHTS AND BARRICADES S . 7031 Warning Lights &Barricades Required. It shall`be the duty of every person, firm or corporation placing or causing to be- placed any building, stand, counter, lunch wagon, wagon- stand, - band stand, structure, building material, gravel, dirt, exca- vation, or other obstruction on any street, alley or -sidewalk to erect and maintain .barriers , warning flags and 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 50 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 and 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 schedule ; i J S . 7031 (1) GENERAL PUBLIC PLACES 1. Replace or Relocate Warning Devices . $1.00 _per barricade or -light -per day plus labor and equipment cost. The minimum charge per emergency call-out is $25.00. The contractor or -permittee shall replace City owned barricades within 48 hours . 2. Re.pa.ir, of Damaged Facilities Which Result in Hazardous Conditions , Actual costs for labor, materials and equipment plus 15% overhead costs : The minimum charge per emergency call-out is $25. 00. 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 reliving the-person responsible for the existence of any obstruct rom any of his obligations under this section. (13621 -) I r_ PUBLIC PLACES STREETS S. 7111 2-q— s� CHAPTER 71 STREETS ARTICLE 711. DATUM PLANE 712. HOUSE NUMBERS 713. UTILITY STRUCTURES 714. SHADE TREES ARTICLE 711 DATUM PLANE S. 7111 Datum Plane Established. The horizontal plane at the e eva ion of low tide of the Pacific Ocean, being the zero elevation used by the United States Coast and Geodetic Survey in this vicinity, is hereby fixed and established as the datum plane of this City, from which to measure and calculate the ele- vation for grades of the venues and streets of this City, and for other purposes. (331-i/0' S. 7112 Bench Mark. The top of the head of that certain iron bolt in the curb at the Northerly corner of Ocean Avenue and Main Street in this City is hereby established as the official bench mark of this City and is here y declared to be 30.18 feet above said datum plane. (33PI//0� ARTICLE 712 ��_"��� HOUSE NUMBERS l S. 7121 Prescribed Numbering Required. All entrances from the public streets or highways of this City to build' gs shall be numbered as hereinafter provided and not otherwis . g2_ '� •,. S. 7121.1 .Location of Numbers. The number of each and every en- trance shall be placed n or nmediately above the door or gate closing such entrance. 2_ �'` !) S. 7121.2 Size of Numerals. Each figure of said numbers shall be a leastwo inches (2" ) in height and of correspond- ing width. (82 JO-- 2r1 S. 7121.3 Duty to Designate Numbers. It shall be the duty of the i y Engineer to esigna a the reS. ective numbers for buildings in this City, on request. (82)r �� ) S. 7121.4 Determination of Number. The location of the door- way o- he building shall determine the number to be used. (8:4 cd S. 7121.5 STREETS PUBLIC PLACES S. 7121.5 Numbers West of Railwa . In all parts of the City lying West of the right of way of the Souther - Pac' is Railway Company, buildings shall be numbered as follows (l(l( " 2 >i S. 7121.6 Even Numbers. On the Northeast side of avenues and on a Southeast side of streets , even numbers shall be use g/` S. 7121.7 Odd Numbers. --On the Southwest side of avenues and on he _o est side of streets, odd numbers shall be used. (82, 1241 �7 S. 7121 8/I Numbers East of Railwa . In all parts of the City lying East of the right of way of the Southern Paci Railway Company, buildings shall be numbered as follow �2 v S. 7121.9 Even Numbers. On the East side of avenues and on t e. South si a of streets, even numbers shall be used.���_�/;�2�_� S. 7121.10 Odd Numbers. On the West side of avenues and on the North si a of streets , odd numbers shall be used. (82, 124 g/1 4 S. 7121.11 Initial Even Numbers. The ev ,n numbers in each bloc1C shall begin with a number h ing two (2) fo i unit number and having zero for its ten part ��_��J. l- OT S. 7121.12 Initial Odd Numbers. The odd numbers in each, lock shall begin with a number havin one (1) o 9 'its unit number, and having zero for its ten part. �82, 124�r- S. 7122 Progression West of Railway. In all parts of the City lying West of the rik-ht of way of the Southern Pacific Railway Company, numbers shall increase from the Southeast towards the Northwest on venues and o the Southwest towards the North- east on streets -62-3,/, / tZe�_ S. 7122.1 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. (82, 12) �/I /,1/ S. 7122.2 Ratio of Numbers to Frontage:, Narrow Lots. In all parts of the City, one number shall be allot d to each lot having a frontage of not more than forty feet (40' ) �2 ��//1c�_ S. 7122.3 Wide Lots. In each lot or parcel of land having a frontage-of more than forty feet (401 ) one number shall be allotted to each twenty-five feet 2 ' ) or fraction thereof, of such lot or block. (82 , 124�. � PUBLIC -PLACES STREETS S. 7123 S. 7123 -Determination of Hundreds : East of Railwa . The "hundred" part of each number shall be de ermined on the East side of the right of way of the Southern Pacific Railroad Company as follows: S. 7123.1 Avenues : Boulevards. Avenues and boulevards shall be numbered in hundre s according to the h ndred numb r of the respective block numbers at any designated poin . S. 7123.2 Streets. Streets shall be numbered in hundreds accord- ing to the "tens and units" pant of the respective block numbers at any designated point. (82�, _ S. 7124 West of Railway*. The "hundred" part of each number sUall be determined on the west side of the right o way of the Southern Pacific Railroad Company as follow S. 7124.1 Avenues. Avenues shall be numbered in hundreds accord ing to the tens and ur� ts numb r of the respective block numbers at any designated points S. 7124.2 Streets. Streets shall be numbered in hundreds accord- ing o the "hundreds" part of he respective block- numbers at any designated point. (82, S. 7125 Irregular Numbers. In any case not provided for in his Article, the ity Engineer shall designate the number to be used. (82t --g/d S. 7126 Violation. 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 Article shall be deemed guilty of a misdemeanor. (82, 124 t W. S. 7131 STREETS PUBLIC PLACES -rt ARTICLE 713 UT JITY STRUCTURES 10 3-1° t2— S_ 7131 Pi es Conduits Ma oles to Co orm. All sewer, water mains, gas mains, electric con ii s, and any other pipe or conduit lines or manholes,, are he by re u,.red to be laid in accordance with the following rules : S. 7132 Alleys. Alleys shall be used for r,- pipe s nduits, mains, .and manholes, where possibl3- /9�2 S 7132.1 Plans Profiles. 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/Tor r rd, and approved by the Council before work is commence � S. 7132.2 Su ervision by City En ineer. All of said work shall e constructed and built under the superpision and direction of, and to the satisfaction of, the City Engineer. (1037} -1�Z S. 7133 Water Mains Laterals. Water mains and laterals shall e laid with hei center lines in the center lines of alleys or streets. (103P-f /Z S. 7134 Sewers. Sewers shall be laid with their center lines hg ree 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, easured from the center lines of said streets and alleys. (103 S. 7135 Gas Mains Laterals. Gas mains and laterals shall be laid with thear center lines three feet from the center �,, ,� lines of streets and alleys on the opposite side from sewers. (103- ' ,�, S. 7136 Electric Conduits. Electric conduits shall be laid with heir center lines five feet from the center line f streets and alleys, and on the same side as sewers. (10: 17/ S. 7137 Other Conduit or Pipe. Any other conduit or pipe hall be laid so t at the center line will be five feet from the center line of the street or 1R1ey, and on the same side as the gas mains and laterals. (103 f-/�J S. 7138 Mains in Streets. Where mains must be run in streets, on account of here being no alleys available, special locations for the lines on either -or both sides thereof, or in the parking strip of the sidewalk, inay be mad by permission of the City Engineer and the Council. (103i�i6 /2 S. 7139 Violation: Cancellation of anchise. Any person ofding a franchise in this City or the purpose of. conducting any public utility, who shall be guilty of the violation of any of the provisions of this Art 'cle, shall, in addition to other penalties, be subject toh av a such franchise cancelled and annulled by the .Counci1. (103 t •� PUBLIC PLACES STREETS S . 7141 ARTICLE 714 HADE TREES S . 7141 STATE ACT ADOPTED. The provisions of Statutes of 1893 page 153, as amended by Statutes 1909, page 331, entitled "an act to provide for the planting, maintenance and case of shade trees upon streets, lanes, alleys, courts, and places within municipalities, and of hedges upon lanes thereof; also for the eradication of certain weeds within City Limits, " are adopted by this City; and this City and all inhabitants and property therein are subject thereto. (54--s/, PUBLIC .PLACES STREET WORK S. 7211 CHAPTER 72 STREET WORK (��J ARTICLE 7210 GENERAL 722. REPAVING ARTICLE 721 Y GENERAL C9 � z34� S-77/ 7c/S 6; 998— 3 S. 7211 Unauthorized Poles , Wires, Pipe . It is unlawful for any person without a franchise or other -authority from the Council, to erect any telegraph, telephone, electric light or transmission poles on any walk, street , alley or public place in this City, or to stretch any wires along or across said streets; or to lay any gas , oil or water pipes, or other p_' a lines along or across any streets in the City. . (19 292 1 L(0/�0'7 S. 7212 Permit for Structure in Public Place. It is unlawful for any person to obstruct any street , alley, sidewalk or public place., within this City, by placing thereon or therein any building, stand, counter, lunch wagon, wagon stand, bandstand, structure, .building material, gravel, dirt, excavation, or obstruc- tion of any kind whatsoever, without a permit .havin first been issued therefor as hereinafter ,provided. (.-19l -G19) S. 7213 Obstructions Fluids in Public Places. It is unlawful for any person to obstruct any street , alley, sidewalk or public •place within this City, to cause, allow or permit , either willfully `or -negligently, to be placed or to flow or -run or be treon or therein, any oil asphaltum, tar, hydrocarbon substances, orany mud, residue or by-product from the drilling of any oil well or any other substances which interferes with the free and safe use of said street, alley, sidewalk or public place whatsoever. (19, -234) /_ o 41 7 S. 7214 Presumptions. For the purpose of the preceding section, . any of the. substances hereinabove mentioned which shall flow, run or be deposited from any private premises or oil well, or sump hole or the property surrounding the same into , upon, over or across any public street , alley, sidewalk or public place, shall be presumed to so flow, run or be deposited in, upon, over or across such public street , sidewalk, highway or alley by the -3illfull negligence and carelessness of the persons , firm, corporation or syndicate having control of the management , operation, drilling or handling of such well, sump hole or adjacent premises and also by the negligence and carelessness of the -superintendent or -man in actual superintendence of the handling of such well, sump hole or premises. (19, 234) :S. 72Y5 STREET WORK PUBLIC PLACES S. 7215 Permit for Obstruction in Public Place. Any person, firm or corporation desiring -to engage in any trade or business or to move or construct a building, make repairs, or to perform any other work by which it may become necessary to place any such building, stand, counter, lunch wagon, wagon stand, bandstand, structure, building material, gravel, dirt , excavation or other 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 herein- above mentioned upon or in said streets , alleys, sidewalks or public places. (19, 577) S. 7215.1 Issuance of ermit : Fee. The Superintendent of Streets may issue such permit upon the payment of the sum of 00) to the City therefor. (19 577) Five Dollars ($5. y . , Z/P .�/2 S.: 7215.2 Free Permit to Franchise Holder. In the event the person, firm or - corporation making such application is the owner or -holder of a franchise or reservation of interest in said street , alley, sidewalk, or public place to. keep or maintain any pipeline, telephone line, or pole system in or upon any of said public streets, alleys , sidewalks or public places of said excavation is for the purpose of connection with sewer, water or gas pipe line by such person then and in that event , said applica- tion and permit may be granted without charge. (19, 577) S.. 7216 Violation: Nuisance. Any person, fi m or _corporation who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor; and the obstruction so maintained shal be deemed to be a public nuisance and be treated as such. ,19`1-� . S._ 7217 Licensed Contractor Required: No work of any kind shall be done or performed upon any street, sidewalk, alley, curb , sewer, or gutter in the City of Huntington Beach, except it be done according to specifications adopted by the City Council of the City of Huntington Beach and by a contractor licensed b e State of California to perform that class of work. (7451 Y' S., 7217.1 Permit Required. Before any work mentioned in ection 7217 of this Ordinance may be commenced, the contra t r doing such work." must obtain a permit to do such work. (745�-�� S. 7217.2 Permit Issuance. The Superintendent of Streets may issue such permit upon the payment of the sum of $5.00, or the sum calculated upon the following schedule, if said calculated sum exceeds $5.00: (a) Driveway 2¢ per square foot. (b) Sidewalk 2¢ per square foot. (c) Pavement 1¢ per square foot. (d) Curb and gutter - 8¢ per lineal foot. (745, 998j -Y3 L.1/40 PUBLIC. PLACES STREET WORK S. 7217.3 S. 7217.3 Supervision and Inspe-i--tion: The said work shall be done then under the inspection and supervision of .the Superintendent of Streets of the City of Huntington Beach, and the said Superintendent of Streets shall have and is hereby granted authority to prevent the performance or doing of any of the said work mentioned in Section 7217 of this Ordinance, unless the said work be -done' in accordance with the provisions of this Ordinance. (7450- �°O S. 7217.4 Appeal to Council : In the event the Street Superinten- dent refuses for any reason to issue a permit , the applicant may petition the City Coun il, in writing, fora hearing to consider said request. (7451 -�b� S.- 72-ZIL STREET WORK PUBLIC' PLACES ARTICLE 722 REPAVING S. 7221 Payment to Replace Surface. Each arson, firm or corporation having authority -from the Council, as pro- vided in Section 7211 to cut , remove, excavate in, upon or along any pavement or improved street, alley, sidewalk, curb or other public place in this City and/or to cut , remove or excavate in, upon or -along any 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 and/or unimproved dirt or oiled street , lane , alley or other unimproved public place, pay in law- ful 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 plt,ce and/or for each square foot of any unimproved dirt or oiled street , lane, alley or other unimproved public place proposed to be cut or ,re- moved as contained in the statement thereof set forth in said application, for the purpose of repairing the damage to said paving, curb sidewalk or other public places, as herein provided. (loll � 9 S. .' 7222 Calculation of Payment. Said sum of money shal,,L be calculated according to the following schedule _��� S. :,7223 Paved, Improved Surface. For paved or improved streets, sidewalks , curbs, alleys or other imp oved public places in the City, said sum shall be as follows9_ G�gJ 577-�SZ S. 7223.1 Not over 25 Sq. Ft. Twenty--five _(25) square feet or less , seventy-five cents (750) per square foot. (19, 5771--9 Z� S. 7223.2 25 to 500 Sq. Ft. More than twenty-five (25) square feet , up to and including five hundred (50N square feet , sixty cents (600) per square foot. (19, 577,E YS1, Z-4/0 1 - -T) S. 7223.3 Over 500--.Sg. Ft. In excess of five hundred (500) square feet , forty cents (400) per square foot. (19, 577# S. 7224 Unimproved Surface. For unimproved dirt or oiled streets, lanes, alleys or other im roved publi places in this City, said sum shall be as follows :r9- ; 774� S. 7224.1 Dirt Surface. Dirt street, lane, alle or other un- improved blic place, three cents (30) per square foot. (19, 5771 S. 7224.2 / 9Oiled Suace. Oiled street , lane, alle or other unim- proved u 1ic place, th:iiteen cents (130� per square foot. (199 5771 - L PUBLIC PLACES STREET WORK S. 7225 S. 7225 Application of Schedule. The above schedule shall apply to all persons, Tirms or corporations alike who make application to obstruct, cut , remove or excavate in, upon, across or along any imbroved or paved street, alley, sidewalk, curb or other public place within this City and/or any unimproved dirt or oiled street, Ian , alley or other public place within the City. (19, 577� x;x L 1o/a q .S. 7226 Disposition of Proceeds. All money so paid shall be deposited by Council in such fund as the Council may direct. (19, 5771 4 01/, S. 7227 Dili/pence Required: Restoration. 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 alle , sidewalk or public place to its former condition. (19�- S. 7228 Placing of Wa.rlxink Lights , ny person9 firm or cor- poration placing or causi to be place any such building, stand counter, lunc wago , wagon stand, b dsta , structure, ui ding material, gr v , dirt, excavation, other obstruction any of said stree , alleys, sidewalks o pu 'c places , sh 1 the ni h me p up and maint such lig is as shall effectually prevent the happenin an accident in consequence of such obstruction. (19) PUBLIC PLACES SIDEWALKS S— 7311 CHAPTER 73 SIDEWALKS GI /62s, z/Z ARTICLE 731. MAINTENANCE 732. DRIVING ON SIDEWALKS 733. (Repealed - Ord. 1784 - 11/72) '73-y o b - ARTICLE 731 MAINTENANCE S. 7311 "SIDEWALK" DEFINED. ' In this Article, "sidewalks" 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. (38)- /�o9 S.'.7312 MAINTENANCE BY ADJOINING LANDOWNER. All persons owning or occupying any real property in this City fronting upon any public street, lane or alley of this City, are hereby 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 S. 7313 EXCAVATING. Nothing herein contained shall prevent excavating through or across any sidewalk where such excavating is done in accordance with the terms and provisions of any. other ordinance of this City, and in ac ordance with the regulations therein contained covering said excavation. (381 - �2/� S. 7314 DEBRIS AS NUISANCE. Any such weeds or rubbish on any such sidewalk are hereby declared to be a nuisance. (38#- S. 7315 NOTICE TO REMOVE .DEBRIS It shall be the duty of the Superintendent of Streets to notify the occupants and owners of any premises in this City to remove, within ten (10) days from the receipt of such notice, all such .weeds and rubbish from the sidewalks in front thereof, and that upon a failure to do so within the said ten days, the Council will cause the aid wee4 and rubbish to be removed at the expense of the said owner or occupant3 -�709 S. 7315.1 Form, Service of Notice. Such notice shall be given in writing, by serving personally upon the occupant (if there be any occupant) , and upon the owner�r each a opy of such notice, directed to the occupant (if any) and the owner; or r 3 g l S. 7315.2 Nonresident Owner. If the owner be a nonresident of this City, by serving the occupant personally and by mailing, by mail, a like copy in writing to the owner---aft rat his ast known. address as shown by the last assessment roll of this City; or(3 r-f 9� S . 7315.3 Vacant Premises. If there be no occupant, by posting a copy of the notice in a conspicuous place upon the premises, and serving a copy upon the owner as hereinbefore provided. (38Y—no- S. 7316 SIDEWALKS PUBLIC PLACES' S. 7316 REPORT OF FAILURE TO COMPLY -WITH NOTICE. If at the expiration of ten days from the sending or service of the said notice, the said weeds and . other rubbish are not removed from the said sidewalk, the Superintendent of Streets shall thereupon report the said/ftlinquenc to the Council, with an estimate of the ( 3 probable cost of doing the work -12�9� S . 7316.1 Ordering of Cleaning by City. The Council .must then order the Super- intendent of Streets to do the said work at the expense of the owner . and occupant o - the said property, and provide for the temporary payment of the same with City fund 3?-t S. 7316.2 Extension of Time. The Council may, in its diretion, extend the time within which the work must be done. (38) -/4 S. 7317 STATEMENT OF PROCEEDINGS. At the completion of the work, the Superin- tendent of Streets must prepare a statement of the proceedings, reciting the existence of the nuisance, the description of the property, the names of the owners and occupants, the giving of the notice, the hearing by the 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. 3 S. 7317.1 Collection From Owner, Occupant. The Superintendent of Streets shall then collect the said amount fro the owner and occupant (if any) , who shall be jointly and severally liab e.� -,z�0) S. 7317.2 Recording of Unpaid Statement. If the said claim be not paid within thirty (30) days from demand by the Council, the Council may order the said state nt to be corded in the office of the County Recorder of Orange County, California3 g-tz/6q S. 7317.3 Mailing of Statement To Nonresident Owner. If the owner be a nonresident of this City, it shall be a sufficient demand, for the purposes of this Article, for/ he Su ZNintendent of Streets to mail a copy of said statement to the said owner./3B'- /2�q ) S. 7317.4 Lien: Foreclosure. The said statement, when recorded in the office of the County Recorder of Orange County, shall be a lien upon the property described therein, which may be foreclosed by the City is like manner as liens are foreclosed under the pAovisions of the Code of Civil Procedure of the State of California. (38)-1qJ S. 7318 VIOLATIONN. Failure to keep the sidewalks clear or clean as provided in Section 7312 shall be a violation of this Article; and for every lot whose sidewalk frontage is so obstructed with rubbish or trash, or overgrown with weeds as set forth in Section 7312, there shall be counted a separate violation of this Article, and that any other violation of this Article shall constitute a misdemeanor. (38 ' -/ PUBLIC PLACES SIDEWALKS S. 7321 ARTICLE 732 DRIVING ON SIDEWALKS (69-10/10) S. 7321 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 plankin is laid thereon in such manner as to protect such sidewalk or curb. (691 -1-0 10) S. 7322 EXCEPTION: PAVED DRIVEWAY. The provisions of this Article 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. (691 .-10/1 0) ARTICLE $X' 732 . repealed by ord... 1784 PUBLIC PLACES OBSTRUCTING PEDESTRIAN PASSAGE S. 7341 ARTICLE 734 OBSTRUCTING PEDESTRIAN PASSAGE (1516, 1625 - 2/7$) S. 7341 OBSTRUCTION OF PEDESTRIAN TRAFFIC BY HUMAN BEINGS. No person . after first being warned by a law enforcement officer, or where a sign or signs have been posted .in accordance with this article, 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 utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians thereon; nor shall any person block or obstruct, or revent the �e access to the entrance to any building open to the public.C/ ���c�i �(o2S- /7'J S. 7341.1 Obstruction Of Pedestrian Traffic By Animals Or Vehicles. No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with the provisions of this article, shall ride, operate, walk or park any motorcycle, 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 utilized for public use, so as to hinder or obstruct unreasonably the free .passage of pedestrians thereon, or to. create any hazardous condition/thereon., k1625, 1784 - 11/72) r•,'� L Z�71 S.. 7341.2 Signs. Signs posted-- as provided in this article shall conform to the following requirements: (1625 - 2/71) (a) Each sign shall not be less than 22" by 30".. (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 (2) inches in height, and all other lettering shall be at least 5/8 inches in. height. (e) Signs shall be posted every one hundred (100) feet. (f) The following wording shall appear on each sign: "WARNING 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 Ordinance Code Article 134 Huntington Beach Police Department 536-5-3-1i�." r j)I P1-,1)N';T.►O AN 1'n:,;;n(;l; 1.'lll+.►,-� C L'I,nl'I. S . 7342 PENALTY. Any pe.rsoi, convicted of a violaLl..can of any pro- vision of this article , or any addition., or amendments thereto, shall be punishable by imprisonment, in jail for a period noL exceeding six (6) months, or by fine not exce ng Five Hundred - lla.rs ($500) , or by both such fine and imprisonmen S . 7343 SEVERABILITY. If any section, subdivision, sentence , clause , phrase , or portion of this article, or any additions or amendments thereto, or the application thereof to any person, 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 article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each section, subdivision, sentence , clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections , subdivisions , sentences , clauses , phrases , or portions or the applicaron thereof to any person, be declared invalid or unconstitutional. s�G 16,ZS-- � ?f PUBLTC- PLACESBENCHES S. 7401 CHAPTER 74 BENCHES ARTICLE 740. GENERAL 741. PERMIT 742. ISSUANCE OF PERMIT 743. DENIAL: TERMINATION 744. BENCHES 745. LOCATION 746. SIGNS 747. ENFORCEMENT 748. REMOVAL 749. INSURANCE ARTICLE 740 NERAL 58'/ -3/SZ S. 7401 Definitions. n this Cha ter, (unless from the context a different meaning is intended, or unless a different meaning is specifically efined an more particularly directed to the use of such words) - S. 7401.1 "Bench" is a seat located upon public property, along any public way, . for the accomm_ odati n of passers-by or persons awaiting transportation. (5811 - 31$5 S. 7401.2 "Street" is any public thoroughfare or way including the sidewalk, the parkwAy and any other public property bordering upon a public way. (581 y-Y ARTICLE 741 ^ 3 PERMIT cs- S. 7411 Permit Required. No .person . shall install or maintai any benchon any street without a permit. (581�-�-TZ S, 7412 Scope of Permit. A separate permit must be obtained or each bench, which permit shall be_ vali only for the particular location specified therein. (581 1-3�57 S. 7413 Numbering of Permit Each permit shall bear a separate number. -�SZ •S . 7421 BENCHES PUBLIC PLACES ARTICLE 742 13/ ll ISSUANCE OF PERMIT S . 7421 APPLICATION FOR PERMIT: FORM. No bench permit shall be issued except upon writt application, showing the proposed located of each bench. (.58,1* '3/sZ S . 7422 CONSENT OF ADJOINING LANDOWNER. Each application must be accompanied by a writing signed by the owner or person in lawful possession or control of the property 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. (581f..3/,.Z S . 7423 FILING OF APPLICATION. Application for said permit shall be filed with the Street Superintendent, who shall examine and investigate the same and place his endorsement ereon and present it to the Council at its next meeting. (581� S . 7424 SIGNATURE: INSPECTION 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 $1 .00 Only one inspection fee shall be required for each bench. (581) S . 7425 ACTION UPON APPLICATION. The Council shall examine id application and grant or reject the same . (5811-3/Z S . 7426 PERMIT FEE: COLLECTION. If the application be granted , an additional fee of 3 .00 shall be collected for each bench for which a, permit is issued , to be collected at the time of the issu- ance of the permit . (5811 ARTICLE 743' DENI TERM NATION 57?1 -3/sz S . 7431 DENIAL OF PERMIT: GRO DS. Th application shall be denied if the Street Superintendent shall find that the maintenance of the bench would tend to obstruct passage along any public way or to create a hazard or would otherwise e detrimental to the public safety, welfare or convenience . (581) '3/sZL S . '7432 REVOCATION: DENIAL OF RENEWAL: GROUNDS . Any permit may be revoked, or renewal thereof denied, for any violation of any of the provisions of this Article, for any fraud or misrepresentation in the application, or for any reason ch would have been ground for denial of the application . (5811 — / S . 7433 FAILURE TO ACCEPT PERMIT: ANCELLATION, DENIAL. The applica- tion shall be cancelled and denied if the a. plicant fails to accept the permit within ten days after notice of t e pproval of the. application by the Street Superintendent . (584, 352_ I .PUBLIG PLACES BENCHES S. 7434 S. 7434 Protest by Nearby Property Owners : Cancellation Denial. The application shall be cancelled and denied, or the permit revoked, as the case may be, if 60'/ of the property owners and/or tenants living or having their place of business within 200 feet of the location of said bench or benches protest the same. (58 L# S. 7435 Failure to Install Bench: Cancellation, Revocation. Any permit issued under this Article shall be cancelled and revoked if the permittee fails to install the bench within sixty (60) days after the date of the issuance of the permit. (581 3`S L S. 7436 Denial of Renewal for Violation. No ermit shall be renewed in the event the permittee has failed to comply with any provision of this Chapter. (581�- -3/�'�- S. 7436.1 Withdrawal of Consent : Denial of Renewal. 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 shad inform the permittee of the receipt of such notice. (5811 -31SZ S. 7437 Refunds. No fee paid pursuant to this Chapter shall be refunded in the vent the application is denied or the permit revoked. (58]Lj - �� S. 7438 Expiration of Perini . Each permit shall expire on July Ist n t following the date of issuance unless renewed. (581,E S. 7438.1 Renewal Fee. A fee of $3.00 for each bench shall be charged for each annual renewal of the permit. (581#1 S. 7438.2 Application for Renewal. Application for renewal shall , be made prior to the expiration date of said permit. (581f S. 7439 Transfer of Bench. Whenever a bench for which a permit ' has been issued is sold or title or control thereof assigned or transferred, the permittee shall report such fact to the Street Superintendent , within ten days, and a new p rmit must be obtained for its maintenance or the bench removed wit 'n ten days of such sale, assignment or transfer. (581� i S. 7441 BENCHES PUBLIC PLACES ARTICLE 744 19ENCHES S. 7441 Size of Benches. No be ch shall a more than 42 inches 4 high; nor more tijan 2 eet , 6 inches wide; nor more than 7 feet long, over all. (581 —�`sL S. 7442 Display of Name Number. Each bench must have displayed thereon, in a conspicuous place, the name of the permittee and the permit number. (581 pi -3/6 Z S. 7443 Identification Marks for Benches. The Street Superin- tendent shall identify each bench for which ermit is issued with suitable markings for identification. (5814 S. 7444 Maintenance: Inspection. It shall be the duty of the permittee to maintain each bench at all times in a safe oondition and at its proper � 1 wful location, and to inspect each bench periodically. (5814 ARTICLE 745 'CATION / 11 S. 7451 Location of Benc es. (NoA per$onS-Z all install or main fain any bench: SFs��j�SL) S. 7451. 1 Alleys. In any alley. (581; S. 7451.2 Near Property Line. At any location where the distance from the face of the curb to the nearest property line. is less than 10 feet. (5811 315� S. 7451.3 Distant from Intersection. At any location distant more than 50 feet from the nearest intersecting street. (a) Waiver. Whenever, in the opinion of the Street Superintendent , observance of this requirement would result in inconvenience or h rdsh' , this requirement may be waived by the said officer. (581 z S. 7452 Distance from Curb. No permittee sliall locate or main- tain any bench at a point less than 18 inches or more than 30 inches from the face of the curb except as otherwise approved by the Street Superintendent. (561� -3/,,� I � ' I PUBLIC PLACES BENCHES S. 7461 ARTICLE 746 ` IGNS LS l -3 S. 7461 Suns on Bench Loc ti . No advertising matter or sign whatever shall be displayed upon any bench ex- cept upon the front and rear surfaces of the backrest and n t more than 75% of each such surface shall be so used. (581i-3/ 2!) S. 7462 Approval of Cogy. All advertising copy shall be approved by the Street uperintendent before being aced upon any bench in the City under this Chapter. (581# —' S S. 7463 Appeal to Council. An appeal may be taken to the Coun- cil from the refusal of the St eet Superintendent to approve any advertising copy. (58f l i3/- S. 7464 Objectionable Copy. No permit shall be issued for advertising copy which would be offensive or objection- able to the public. (581 �SZ_ S. 7465 Confusion of Traffic. No advertisement or sign on any bench shall display the words "STOP, " "LOOK, " "DRIVE-IN," "DANGER, " or any other word, phrase, symbol or character/ al ulated to interfere with, mislead or distract traffic. (581"tY�.3�Sa ARTICLE 747 , ENFORCEMENT S. 7471 Enforcement. The Stre f-g—Uperintendent shall enforce the provisions of this Chapter and shall have complete authority over the installation and maintenanc of benches , subject to the provisions of this Chapter. (581 jr-y Z 5. -7481 - BENCHES PUBLIC PLACES ARTICLE 748 REMOVAL S. 7481 Removal after RevocaL* in. � A �e -the revocation of any permit, the STreef Superintendent may remove and store the bench, if the p mittee fails to do so within ten days after notice. (581� 3�S Z S�-74822 Redemption of Bench. The permittee may recover the bench, if within 60 days after the removal , he pay the cost of such removal and storage which shall not exceed $5.00 for removal and $5.00= a month for storage, for -each such bench. (5814 S. ..7483 Disposal of Benches. After• 60 days, the Street Superin- tendent may sell, destr or -otherwise dispose of the bench at his discretion. (581gy - � S. 7484 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 medy provided by law for the violation of this Article. (581) � cZ ARTICLE 749 NSURANCE S. _7491 Bond Insurance Re ui edNo per 't shall be issued pur- suant 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 thie 'ty Attorney and conditioned as hereinafter provided. (581 ► S. 7492 Form of Bond. The bond or policy shall be conditioned hat the permittee will indemnify and save harmless the City of Huntington Beach, its officers and employees from any and all loss , costs , damages, expenses or liability which may result 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 any and all; loss or ,damage that may be sus- tabned -by any person as a result of, or which may be cau a by or arise out of such installation or maintenance. (581P 5- S. 7493 Maintaining of Bond, Policy. The bond or poll y of insurance shall be maintained in its origi*al amount by the permittee at his expense at all imes during the period for -which the permit is in effect. (581) -75� S_ 7494 Sin le Bond or Policy fo Several Permits. In the event that two or more permits are issued to one permittee, one such bond or -policy of insurance .may be furnished to cover two or .more branches, 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 g, o ny accident from which liability may thereafteraccrue. ` (581' �//��, PUBLIC PLACES BENCHES S. 7495. S. 7495 Limit of Liability. The limit of liability upon .any bond or policy of insurance, posted- pursuant to the requirements of this Chapter, shall in no case be less an $5,000.00 for bodily injuries to or death of one perso1_ S. 7496 Limit of Liability for Several Benches. The permissib e limit of liability for bodily injuries or death o-f more than one person shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following: Number of Bench Permits Limit of Liability 1 to 10 $101000.00 11 to 50 20,000.00 i PUBLIC PLACES BEACH & PIER S . 7501 CHAPTER 75 BEACH AND PIER (1,306 j- 3/7) ARTICLE 750 - GENERAL 751 - BEACH REGULATIONS 752 - PIER. REGULATIONS 753 - BEACH PARKING LOT REGULATIONS 754 - LIFEGUARD. REQUIREMENTS AT .. . PRIVATE BEACHES 755 - PERMITS . REQUIRED 756 - ENFORCEMENT ARTICLE 750 GENERAL 3�t-9/3o�7(P 749 i 30(&-f--13.2S'`tp)er S . 7501 SCOPE . The prows ions of this_ C -are enacted by the City Council of the City of Huntington Beach, and shall, unless otherwise expressly provided, apply to all beaches , piers and other publicly owned or operated. land.s or waters falling within the definition of those terms as set forth in Section 7502 of this Chapter, provided, however, tha�the application of this Chaptercmay be e ressly negated by Ordinance or ResolUt-ion of the City Council. /30(0 S . 7502 DEFINITIONS . For the purposes of this chapter, the follow- ing terms shall have the respective meanings set forth here- in, unles the contest in which they are used, clearly indicated to the contrary 3/°7) S . 7502.1 Alcoholic Beverage: "Liquor" or intoxicating liquor shall be construed to include 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 potable or fi for use as , or which may be used for beverage pur- poses . (768J - � o S . 7502.2 Beach: "Beach" includes that strip of land owned and./or operated by this City of Huntington Beach, lying between Pacific Coast Highway in this City and the line or 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 knowYL as the Pavalon which is level with said Pacific Coa �Highw y. 9�0� - • �-/3f2S- S . 7502. 3 Camp: Means any temporary shelter to be occupied 3�tar 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 elter. ,-- 3yl -I�o i S . 7502.4 BEACH & PIER PUBLIC PLACES i S . 7502.4 Director: With respect to this Chapter herein defined , the words "Director ' refers to the Di r for of H rbors and Beaches Department of the City of Huntington Beac . lt 06 a 7 J S . 7502.5 Occupied: "Occupied" means used for the purpose of p.gotect- ing human beings from wind., sun, rain or public view 4 —;I S . 7502.6 Pacific Ocean: "Pacific Ocean" includes all waters of the Pacific Ocean or any arm thereof' in which the tide ebbs or flows , whether or not the ord-inary 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 lyir under said tidal waters are privately owned or publicly own S . 7502.7 Person: "Person" means any individual, firm, co-partnership joint venture, association, social club, fraternal organiz - tion, corporation, or any other group or combination, acting as a unit . �(��- G�o I I i i i i I i I I i I i I. �: LIC PLACES BEACH & PIED S 7 511 ARTICLE 751 BEACH REGULATIONS S. 7511 UNLAWFUL ACTS. It shall be unlawful for any person to do or commit, or for any person to cause or permit to be done or committed within the boundaries of any beach, within the City limits of the City of Huntington Beach, owned, operated, controlled or formed by the City Council of the City of Huntington Beach, any o the f llowing: O� X040/3of� W .S. 7511.1 Defacingand/or Destroying of Public Property. To cu , carve, hack, remove, deface, or otherwise injure any fence, post, toilet, lavatory, restroom, ' uilding, 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, prin n ; drawing\• or vulgar, profane or ob- scene word or picture. 9, - ® S. 7511.2 Littering. To deposit or discard or leave any handbill,. bottle, can, or rubbish or trash or debris on the beach or in the Pacific Ocean, other than in those receptacles provided for such purpose, or to deposit in any commode -or urinal in any public toi- let any newspaper, rag, part of. clothing, or any item likely to clog said commode or urinal.. This section shall not be interpreted to pro- hibit distribution of any constitutionally protected material g® - 7�11 f769, 1743- 4/72) S. 7511.3 Placing Dangerous Ob ects ix,l Big Area, To throw, cast, deposit, or cause t6 be thrown, cast or leposited on the beach of the Pacific Ocean, below the high tide line in this City, _ any glass, bottles, tin cans, nails, rubbish, trash, or. anylarticle what- soever that is or may become a menace life •or limb to A person or bather in said ocean or on said beach 4 vo, , 7 . ; ` Gf� t/1:�3-Q'l��:� S. 7511.4 . Camps Prohibited. To maintain any camp or occupy the same at any place on the beach °of the Pacific Ocean within the City, . ex ept b special permit issued by the Director of Harbors and Beaches. 341 jeke S. 7511.5 Fires. To light, kindle, set or maintain fires or coals thereon, e cept in the fire rings provided therefor. (7691- V4. i S. 7511..E Do s and 0 her Animals. No person having .the care, charge or control of any dog or pet or domesticated or wild ani- mal 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,.of Huntington Beach 4r�t�/, 7&Q S. 7511.7 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, merchandise, except pursuant to a permit, is ed under the authority of the Director of Harbors and Beaches.Cj��j-!� 1 S. 7511.8 BEACH & PIER PUBLIC PLACES S. 7511.8 Alcoholic Beverages. 11.588 - 7/70) (a) Except as hereinafter provided, no person shall, on or upon the beach or pier within the city limits of Huntington Beach consume sell, purchase, give away or have in his possession any alcoholic beverage, or transport or deliver to any person or persons therein. any alcoholic beverage. (b) The City Council may grant permits for the sale and consumption of alcoholic beverages under the following terms and conditions: (1) The kind or kinds of permitted alcoholic beverages shall be named in the permit. (2) Each permit shall require that all alcoholic beverages be sold and consumed on permittee ' s premises, the location and area of permittee 's premises to be set forth in said permit. (3) That there be compliance with all other city, county and state laws and regulations. (4) Such other terms and conditions as are reasonably required to protect the peace, health, welfare or safety of the public. �5) Said permit shall not be transferable. 6) The permit shall expire one (1) year from and after the date of issuance, unless sooner revoked as provided by this article. (7) 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. i (c) Permits are subject to suspension or to revocation by the City Council after notice to permittee and public hearing, on any of the following grounds: (1) Permittee has made a substantial misrepresentation in his application for permit. (2) 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. (3) Permittee or any of his employees has been convicted of any crime involving moral turpitude. (4) Permittee or any of his employees has knowingly permitted use of narcotics or dangerous drugs without reporting such incidents to the police department without unnecessary delay or not more than twenty-four (24) hours after the commission thereof. (5) 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. n ,J is PUBLIC PLACES BEACH & PIER S. 7511.9 S. 7511.9 Hazardous Water Sports. During the period from June 15 to September 10, inclusive of each year, between the hours of 11:00 A.M. and 5:00 P.M. , no person in the water of the Pacific Ocean or_ within 300 yards of the mean high tide line thereof within the city limits of Huntington Beach, shall use or have in his possession any surfboard, paddleboard, bellyboard, skimmer, canoe, boat, or any similar object made entirely or partially of wood, metal, hard plastic, or any other hard substance, provided, however, that the prohibition against surfboards, belly boards, and paddleboards shall not apply to the area set apart therefor lying north of Sixteenth Street and south of the Bolsa Chica State Beach southern boundary line. 11743, 1766 - 70/72) 7511.10 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 i� a manner that constitutes a hazard to any other person(70—It1' '�/"/30G -3�7 ) i f %7 S. 7511.11 Hazardous 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 therefor, .or to conduct or participate in any sand./throwif,,r � bla nket t thr w g, or any- sport that constitutes a hazard to any person` o �l :107� S. 7511.12 Digging. To dig or cause the digging of any hole in the sand ex- ceeding a depth of two feet. Any person who digs, or causes to be dug, any hole upon the beach shall fill said hole before leaving the beach area.(7691- S. 7511.13 Spear Guns. No person shall have any spear gun or similar underwater fishing device in his or her possession on the shore of any beach .unless the point of such device is covered by a sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be kept cocked, loaded, or other- wise prepared so as to be capab a of being discharged while on the beach, or in swimming areas therein[,-769 7tt!pO t306•-3IX% S. 7511.14 Jumping from Municipal Piers and Public Bridges. To 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 per- sonnel of the City of Huntington Beach who are engaged in lifeguard training or in emergency jumps from the i r or bridges for the purpose of saving lives and/or property. (769, 9110 -6, S. 7511.15 Climbing on Rails of Municipal Pier or Bridges. To sit, walk or bal- ance on the rails of the m n cipal pier or public bridges or to climb over or under such rails. (769, 911Y � Z S. 7511.16 Climbing oTi Lifeguard Stations.. To 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. (7691 13 01c-��7� LG�6o 1 S. 7511.17 Laying Do Hazardous Objects. To lay or cause to be laid, any surf- board,-pa dleboard or imilar`object against any lifeguard station or municipal structure. 130(� -3�7 S. 7511.18 BEACH & PIER PUBLIC PLACES S. 7511.18 False Alarms. To cause to false rescue or call for help when it is not needed, or to cause a lifeguard to enter the water .upon a false rescues 1 or to leave his tower or to have his attention drawn to a false alarm�yU,g/ /�9(a�'�//G7/ 44� S. 7511.19 Interfering with the Duties of a Lifeguard. To willfully resist, delay . or ob ruct anv Rfeguard in the discharge or attempt to discharge any duty of his positio . /3p(o- _, S. 7511.19.1 Mirrors. 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) (1535, 1743 - 7/72) 4.10 S. 7511.20 Curfew. To be on the public beach within the City of Huntington Beach between the hours of 12:01 A.M. and 5:00 A.M. , except upon official business of the City of Huntington Beach. In the event of special circumstances so warranting, the Director of Harbor's and Beaches, in his judgment is hereby authorized and empowered to modify temporarily, the hours during which the beaches are closed. Said modification to be filed with the ity Administ for at least 10 days prior to the requested date�7(©9- (D�GO 1304,-��7 l S. 7511.21 Fireworks. To light, set off, or discharg have in his or her pos- session, fireworks o the bga.ch. �1509)--L �c/ S. 7511.22 Electrical Outlets. person shall use any electrical outlets on the beach without first obtaining written consent fp0m the Did ctor of Harbors and Beaches and paying such fees as may be prescribed(1 3 0(,-3 402 - S. 7511.23 Speaker Systems. No person shall play, use or operate, or permit to be played, used or operated, any radio, receiving set, musical instru- ment, phonograph, loudspeaker, sound amplifier or other machine or device for producing or reproducing of sound upon the beach, pier, beach service road or municipal parking lot, at such a volume as to disturb the peace, quiet and comfort of persons who are not voluntary listeners thereto. This section does not apply to the regularly employed safety service personnel of the city who use said safety equipment in the course of their daily operations, nor to any public address system authorized by Section 755 11743, 4/72) i S. 7512 VEHICLE REGULATION. No person shall operate any skateboard, motor driven cycle, motorcycle, automobile, motor truck or other vehicle or conveyance on the beach other than for law enforcement, lifesaving or emergency purposes, or for beach maintenance purposes, without the expressed written consent of the Director of Harbors and Beaches; nor on any roads on which signs are posted prohibiting such activ- ity, nor in any manner or direction prohibited by posted signs, nor o any beach they than on the roads, drives or parking areas designed for such purpose �3�(.�307 PUBLIC PLACES BEACH & PIER S. 7512.2 S. 7212.2 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, in no event in excess of ten (10) miles per hour, unless a greater speed is pq�t'ed. _ S. 7512.3 Time Limit. During the period of June 15th to September 15th, any and all commercial motor vehicles of any type, must make t it deliveries to beach concessions between the hours of 6:00 A.M. and 11:00 A.M 1306 - � S. 7512.4 Parking. No person shall park any vehicle except in designated parking areas, provided, however, that the Director of Harbors and Beaches is hereby authorized to permit parking along roads and in under-developed areas Pen, in his o inion, such parking will not interfere with beach area oper- ations /3nP- 3�7� S. 7512.5 Erection of Speed, Traffic and Parking Signs. The Director of Harbors and Beaches is authorized and directed to erect and maintain signs at locations he deems appropriate, indicating the speed limits established by the City Council for beaches, .along roadways and streets herein. The Director of Harbors and Beaches is also authorized to designate parking areas and traf patterns and to erect and maintain signs indicating such areas and patterns. (3106 !d� S. 7513 REMOVAL OF SAND. No person shall remove, or cause to be removed from the Yeach, any s d without written permission from the Director of Harbors and Beaches. '3ato-3( 77 S. 7514 BICYCLES. IMPOUNDING OF. No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as to block or. impede any road, vehicle route, walkway, or path., or so as to block or impede, ingress or egress from any building, stair, pier, or bridge. Any bicycle so parked or left may be impounded by the' Department of Harbors and Beaches or by the Department of Police, and may be held until the sum of Five Dollars ($5.00) has been collected to defray the cost of impound. (a) Any bicycle which has been so impounded and held for 30 days without redemption by or on behalf of the lawful owner thereof shall,if saleablelbe sold at such time and place and in such manner for the reasonable value thereof, all as shall be determined by the impounding agency. If the bicycle shall be deemed not saleable by reason of its appearance or condition of wear or other factor, it may be dis- carded by the impounding agency. (b) When any bicycle so impounded bears the identification tag required by Chapter 67 of this code, the impounding agency shall within seven days after impound send by regular mail a otification of impound addressed to the registered owner at the registered a ress. 61755 - 6/72) Ir3U(o-3/7, r PI�BLIC PLACES BEACH & PIER S. 7526.4 S. 7526.4 Control of Boat Landing. The boat .landing upon said pier shall be under the exclusive charge and. control of the Director of_ Harbors and Beaches and shall not be raised or lowered by any other person n ss byvr ten consent of the Director of Harbors and Beaches.CS44= ,,Xs � /306 7 S. 7526.5 Charges for Use of Landing: Such charges shall be made for the use of said landing upon said pi"lvr as may from time to time be fixed by the City Council. (3440_� � t: 1'UI -lic 11[.ACT;13 BEACH & PIER S. 7521 ARTICLE 752 PIER REGULATIONS- S. 7521 AUTHORITY OVER PIER. The Director of Harbors and Beaches, sub jec to the provisions. of this Article and such Ordinances as the Council may adopt from time to. time, is hereby given full power and authority to regulate or control the use of the. public wharf or pier at the foot of Main Street in this City. 7 S. 7522 CONTROL OF PIER. The Director shall have power to de-.- termine what: portions of said pier shall be open to the public at any and all times, and also hat portions of t e pier shall not be used for any specific purpose.�y 4-Oj/3'/ S. 7523 VIOLATION OF POSTED NOTICES. Upon the posting of notices prohibiting the doing or performing. of any acts upon certain portions of said pier by the Director of Harbors and .Beaches, it shall .be unlawful for any person to use. said portion of aid pier for the prohibited purpose or purposes. (3440-1fs�� S. 7524 PROHIBITED ACTS. No person while upon or near the Mu- nicipal Pier located at the foot of Main Street in this City, and over the' Pacific Ocean in thi,�City) shall do o cause or permit to be done, any of the following acts: �t44 - 1s 13p(,-31 S. 7524.1 Overhead Casting: Cast a fishing line , either with or without a fishing pole, by what is commonly known as over- head casting. (344, 554 lyqg S- . 7524.2 Ne li ent Casting. To cast a fishing line , lobster trap, crab trap, any mussel hook,' or any other such device in such manner- as to create a hazard to any o er person, either in the .water adjacent to the pier or on the pier(30 6-3/"q S. 7524.3 Extra Lines. Have more than two fishing lines to any one person in the water under or near said er one tim S. '1524.4 Projecting Poles. Allow or permit any -fishing pole o extend inwar from the rail to a distance of more than four feet (41 ) . (344, 5541 - 1 � S. 7524.5 Cleaning ofFish. 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 flo r of the pier unless same is placed in a container. (344, 554� S. 7524.6 Lobster Traps: Limit. Have more than two baited hoop nets tF any one g rson in the water under or near said pier at any one time. 3 pko-3/7 S. 7524.6.1 Attending of Traps. Said traps shall be attended by a person at all times Atten�], d s to be within 500 feet of said traps at all times. (344. 544� -��9 L��31 S. 7524.7 BEACH & PIER PUBLIC PLACES S. 7524.7 Tampering With Lifesaving Equipment. Remove, use or tamper with life- saving equipment upon said pi r provided therefor for public use, except in time of emergency. (344, 5541 -I'vo Lq/51 S. 7525 VEHICLE REGULATION. As pursuant to S. 7512 in this Chapter. �3aC�'�7/ S. 7525.1 weed Limit. No person shall drive any motor vehicle upon sa d pier in excess of five (5) miles per hour. (344, 515)�S /3 9/a► S. 7525.2 Heavy Vehicles. No person shall drive or permit to be driven, any ve- hicle of any kind or character whatsoever, upon said pi r of a gross . weight in excess of twenty thousand (20,000) pounds. (344, 565) -g/d S. 7525.3 Skate Boards Prohibited. No person shall possess any skate board, or any similar type vehicle upon the municipal pier at apl time. t1743,- '//Z 1784 - 11/72) 3(7L-' G7 S. 7525.4 Parking. No vehicle shall be permitted to park on the pier except for the express purpose of loading or unloading supplies, unless he posses- ses 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 y time 11743, 4/72) S. 7525.5 Vendors or their agents shall not make deliveries by vehicles to con- cessionaires on the pier except between the hours of 6:00 A.M. and 11:00 A.M. during the dates of June 15th to September 15th. Sucl, time limit shall not be in effect during the remainder of .the year. (13990-3�8 S. 7526 BOAT REGULATIONS. S. 7526.1 Sale of Boat Tickets. No person shall sell or offer for sale any tickets for transportation upon any boat of any kind whatsoever upon said ier, except from the space in one of the buildings located upon said pier. (344) .:��,� S. 7526.2 Boat Landings: Time Limit. 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 1 ding upon said pier for a longer period than fifteen (15) minutes at any one time714L/_7/311 S. 7526.3 Private Boats. Nothing contained in this Article shall be construed to prevent the embarking or disembarking of passengers from privately owned or operated boats and other craft, when the same are not in any commercial business, but are operated by the owners thereof without profit, for their own pleasure and amusement, and without 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 said pier until said emergency operations are concluded. (344, 1743 - 4/72) � (43l PUBLIC PLACES BEACH & PIER S. 7531 ARTICLE 753 BEACH PARKING LOT 92GULATIONS 130� `3�7 ( n�/ /G7/ 17g3 - �t2 S. 7531 PARKING REGULATIONS. The following regulations will apply to parking in any of the city-owned beach park- ing lots. Mn (� -.� 7 S. 7531.1 Parking is allowed within designated spaces only 63o(e-3f&, S. 7531.2 Parking Lot Hours. 5:00 A.M. to 12:00 midhight. (1743-4/72)' 13 0(o-3X7) S. 7531.2.1 There shall be no overnight parking. 13�� -3�7� S. 7531.2.2 Any deviation from this will be by permiss' on. of' the Director of Harbors and Beaches. 3 04, ' 3/� S. 7531.3 No loitering or obstructing for flow of traffic will 'N be allowed in the parking lot by any person or persons(.((:' i S 7531.4 N& vehicle shall obstruct any entrance in the parking/lot, �- 1 S. 753105 No trailers or similar vehicles will be allowed in the parking lot, from June 15th to September 15th of eac '' ear. (1Zte-�., S. 7531.6 Fees: Fees for parking shall be stablished by Resolution of the City Co cil. , (1404#-�� 1306' 67J 1328= %G7 S. 7531.7 Any vehicle leaving the parking 11Ct and retu ping will be required to pay on re-enterin i3e � S. 7531.8 Number of Parking permits per concession owner will be determined by the Director of Harbors and Beaches. , S. O�e 44-7) 7531.9 Payment of Beach Parking Fee. No person shall cause any vehicle to enter a city-owned or operated beach parking lot without paying the established fee. Any violation of this section is an INFRACTION nd punishable by a fine not to exceed One Hundred Dollars ($100 11671 - 9/71) 1 ���� io7) PUBLIC PLACES BEACH & PIER S 7541 ARTICLE 754 LIFEGUARD REQUIREMENTS AT PRIVATE BEACHES (952�/ ► S . 7541 DEFINITIONS OF USES IN THIS ARTICLE: S . 7541.1 "Private Beach" As used in this Article, a place within the incorporated area of the City of Huntington Beach used for the purpose of accommodating bathers bordering upon or adjoining the seacoast, bays or inlets therefrom where members of the public, by pay- ing a fee, may resort for/-the purpose of blat ing in the open sea, or bays or inlets therefrom),9s y-2��� / S . 7541.2 "Lifeguard" A����----m----ale person at least 18 years old who has graduated from high school and who has successfully com- pleted a competitive lifeguard examination and training program; has thorough knowledge of and the ability to practice lifesaving techniques in heavy surf and severe ocean conditions, artificial respiration and first aid; is in good health; possesses good physical strength and ability, and who is free from any physical defects . . A lifeguard minimum age of 16 years is allowed if said person is part of an organized life- guard service with trained lifeguards as supervisors; and. has success- fully completed a competitive lifeguard examination and training . program, has thorough knowledge of and the ability to practice lifesaving tech- niques in heavy surf and severe ocean conditions , artificial respiration and first aid, and. who is in good health and who possesses good •hysic strength and ability, and who is free from any physical defects .7 z- � S . 7541.3 "Certified Lifeguard" . A lifeguard. as defined in Section 7541.2 of this section, who has been named. in a certi_ icate, as defined in Section 7541.4 of this sect ion.► qs 2-�3 13n&-3��� S . 7541.4 "Certificate" . A statement or card signed by the Chief Lifeguard of - the City of Huntington Beach; 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 pos ses the qualities set .forth in defining "Lifeguard . y S . 7542 REQUIRED LIFEGUARDS'ASZ-�&13) S .. 7542.1 As Set by Resolution. The City Council shall, upon recom- mendation of the Chief Lifeguard of the City of Huntington Beach, designated 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 an adequate lifeguard service for the protection of the public, with due regard for the number of bathers utilizing the particular private beach, and with due regard for such len hand pe of waterline as the particular private beach encompasses �� PUBLIC PLACES BEACH & PIER S. 7551 ARTICLE 755 PERMITS REQUIRED ' . at/?- ����, 3�� La,I�010 0)perating S. 7551 MOTOR. HICLES. 'No person owning or any motor vehicle of any type (as defined in S. 7512) 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 bei g obtained from the Director of Harbors and Beaches. (�248, 1160� - �S,/ ;�3,p%P-'5rL.7 S. 7551.1 Application for Permit. Any$ person desiring to ope ate 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 by an application in writing. (248P'-T/"y,10(0- j S. 7551.1.1 Contents of Application. Such application shall state the time and place for which said permit 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; froN time i to time by the Director of Harbors and Beaches C;Z4�•. ;} P-37� a� S. 7551.2 Examining of Applicant. Upon receipt of any application for a permit to operate a motor vehicle or vehicles upon the beach, the Director may examine the applicant or any persons named ' \ therein as the driver or operator of any motor vehicle. (248Y - (�Al�'�7a S. 7551.2.1 Safeguards. The Director of Har ors and Beaches may re- quire such safeguards for the p o action of the public as he may deem advisable. (2481 S. 7551.3 Issuance of Permit. If he shall deem the applicant and he person to operate the motor vehicle or vehicles to be properly qualified and if suitable safeguards are provided for the pro- tection of the public, the Director Harbors and Beaches may issue a permit "therefor. (248J-Y�1- (30( V7 S. 7551.3.1 Scope of Permit. Any person holding such a permit may operate or cause to be operated, a motor vehicle or ve- hicles in accordance with the terms thereof at the time and place in said permit specified. (2480 o 'r ✓G� I S 7552 CONCESSIONS. No person shall conduct or carry on upon said beach or pier or any part thereof, any business of any kind whatsoever, without first having ob ained a permit from the City Council to do so. (3440 -`�/31d;.13.06 C6? S. 7552.1 Business Location. No permit shall be issued for the carrying on of any business u o n aid beac �r pier, ex- cept in building constructed therfor. (344t. -q3/� /,j0V �7 S. 7552.2 Leasing of Space in Buildings. Space in any building located upon s id beach or ier may be leased by the City Council at their discretion. ��r13�c0to 9(31 S. 7552.3 BEACH & PIER PUBLIC PLACES S. 7552.3 Rental Terms. The terms for the payment of rental for such space shall be specifically set fort in the agree- ment therefor, created by the City Council. (3441 -4/L S. 7. 23 COTMRCIAL FILMING AND PHOTOGRAPHY. No person shall take any motion pictures or photographs on the beach for com- mercial purposes, without a permit therefor first had and obtained from the Director of Harbors and Beaches. 1313 (Q - y? S. 7553.1 Application for Permit. Any person desiring to take com- mercial motion pictures or photography on the beach may apply to the Director of H bor d Beaches for a permit to do so by an application in writing�30pes a- 67 S. 7553.1.1 Contents of Application. Such application shall state time and place which said permit is desired and any such information as may be required by the Director of Harbors and Beaches430(,_ S. 7553.2 Examining of Applicant. Upon receipt of any application for a permit to take motion picture film or still photo- graphs, the Director of Harbors and Beaches may investigate and examine the applicant or any persons named therein`/3C�; S. 7553.2.1 Safeguards. The Director of Harbors and Beaches may re- quire such safeguar s ,or the protection of the public as he may deem advi sabl n S. 7553.3 Fees. MOTION PICTURE FILMING $200.00 per day STILL PHOTOGRAPHY $25.00 per day Said fees shall be payable to the Director of Harbors 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 Ci y as co-insured; said certificate to be approved by the City Attorney. r3 of S. 7554 PUBLIC ADDRESS SYSTEMS: \\ PERMIT REQUIRED. No person shall set up, use , operate, or maintain a public address system on the beach within this City, except in those areas specifically desig- nated therefor, nor shall any person set up, use, operate, or maintain a public address system without first obtaining 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 persons ' enjoy- ment of the recreational area facilities 3cv(a �j S. 7555 SPECIAL USE PERMITS. The Director of Harbors and Beaches (1743 — 4/72)may, at his discretion, designate special use areas. PUBLIC PLACES BEACH & PIER S . 7561 ARTICLE 756 EN ORC/�EMENT Q3tl10 v��7 „ . '(561 EPPECT AND ENFORCEMENT . Any violation of any provis ion.; o I.' this Chapter shall subject the violator to ejection Crom the premises of the area in which violation occurs . This chapter shall be enforced by the Director of Harbors and Beaches and such of his agents as he may designate to perform said duty, as well as by peace officers having jurisdiction of any are(1306_�i/&7j in which a violation of any provision of this chapter takes. place . S . 7562 PENALTY. Any person violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, and subject to a fine of not more than Five Hundred Dollars ($500.00) or be imprisoned for a period not to exce d three (3 - nths, or by both such fine and imprisonment . (10841- 9��, t3o&-3 `7 S . 7563 APPEAL. Any person dissatisfied with the decision of the 1rector of Harbors and Beaches in the areas of d-iscretion on .his part under this chapter, may appeal his decision to the City Administrator, may appeal said decision to the City Council by notice in writing to hat effect'�'ithin 10 days from the date of the decision appealed from. 3c>(o- 3/6� S . 7564 SE 'ERABILITY. If any section, subsection, subdivision, para- graph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , subdivisions , aragraphs , sentences , clauses or phrases are declared unconstitutiona PUBLIC PLACES HARBORS S . 7601 CHAPTER '76 HARBORS —�4,30 — 6 Article 760. GENERAL 761 . BOATING REGULATIONS 762 . _`!WIMMING REGULATIONS 763 . HARBOR SANITATION 764. FIER AND DOCK REGULATIONS 76 F PER^•:ITS AND 766 ENFORCEMENT ART LE 760 G E N BRA L S . 7601 SCOPE. The orovis.i., ns c!: tAI)_s chapter shall, unless other- wise expressly provided , apply to all harbors and other publicly owned or pera.te ri r.�. a or inland waterways in the City of Huntington Beach . jg30_ , S . 7602 DEFINITIONS . For the purpose of this chapter, the following terms shall nave the respective- meanings set forth herein, unless the context insahich th y are used clearly indicates a, different meaning is intended . vords not defined herein which have the meaning ascribed to the:.a by the: Harbors and Na.viga.tion Code of the State � California,, have the me`.ning ascribed to them in ordinary usage • lcf3a_ S . 7602 . 1 Anchorage Area means any portion of a. harbor which has been designated as an a!p,,chora.ge area. pursuant to law and approved by the Federal government`//lel30--�g S . 7602.2 Director means the Direc r of Ha.rb rs and Beaches of the City of Huntington BeacY�. /430'In � S . 7602 . 3 Mooring means an a.ppiiance used to secure a, vessel other than to a. pier r dock, I-I' ch is not carried aboard such vessel as regular equipment J30—��g S . 7602 .4 Turning Basin means that portion of any channel which has been so designated pursuant to la.w and approved by the Federal government for the purpose of permitting vesse s to turn around or permitting their course of direction to be alteredc/%30-(S! S . 7602 .5 Vessel includes any watercraft, vehicle or object used or capable of being used as a. me >ns of t_r�, sportation or move- ment on or under water except a. seaplane . � V30—XS, S . 7602 .6 HARBORS PUBLIC PLACES S . 7602 .6 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 0cea.n ha.s been fixed by ordinance, statute, court , or cthervaise and whether or not h--?--I la.n' klyirg under said tidal waters axe priva.tely or publ`cly owned � �3a � S . 7602 .7 Pierhea,d Line means the line between the bulkhead and the waterway which line separates the area, open for navigation from the area, extending outward from the bulkhead in which the mooring .nd docking of vessels is permitted . The exact distance from the '- aik- hea.d to the pierhea,d line shall be determined by uhe C_ty Council �l3d --��� 7602 .8 Bulkhead Line means the line or point �, ere the uter por- tion of the bulkhead meets the water. GyL,g�1-014, 0-/ , 76�2 .y Pf� - ected S,,.im ing Area, means an area for swimming set aside by the ity Counc ' 1 and designated by or outlined by lines . floats :r buoys 30 � J t PUBLIC PLACES HARBORS S . 7611 ARTICLE 761 ATING REGULATIONS �S . 7611 SPEED LIMIT. -No owner, operato or person in command of any vessel, except a police officer, fireman or lifeguard in the performance o-f his duty, shall operate any vessel or permit any vessel to be operated in any portion of any harbor at a rate of speed in excess off ive (5) miles per hour, or in such manner or at any rate of speed which would endanger the safety of persons or CT' erty. 11634-2/71) !°�I S . 7612 BOAT LAUNCHING AND HAULING. No person shall launch or re- move any vessel from the waters of a harbor over any public seawall, sidewalk, street or public property, except at locations where° launching or 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 t9q^^be lau ed and the method and apparatus to be used in said launching( `qD3p- '?/6e S . 7613 DAMAGE TO PROPERTY. No person shall willfully 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 of Huntington Beach or under �. the jurisdiction of said city or any other governmental agency�,/q,30 -9/ S . 7614 LANDING OF AIRCRAFT: No person shall navigate on or lan on or take off from the waters of a harbor with any ai .craft . /Y`3® -�� S . 7615 AIR PROPULSION ABOVE WATER PROHIBITED. No person shal. operate on the waters of any harbo -under the control of the City of Huntington Beach any vessel which is ope� te by mechanical air propulsion above the surface of the wate . ��jo S . 7616 BULKHEAD LINES . Pierhead and bulkhead lines are hereby established for the Huntington Harbour area as said lines are shown or described in the records .o n file in the offices of the Director of Public Works and the City Clerk.. (1634-2/71) S . 7617 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 7602.7, without a permit . issued by the -Director of Harbors and Beaches except to load to dis- charge passenge.rs . r. ;(1634-2/71) S . 7618 PENALTY. Any person convicted. of a violation of any pro- vision of this article, or any additions or amendments thereto, shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment. (1634-2/71) f S . 7619 HARBORS PUBLIC PLACES S . 7619 SEVERABILITY. If any section, subdivision, sentence, clause., . phrase, . or portion of this article, or any additions or amendments thereto, or the application thereof to any person, 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 article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each section, subdivision, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases, or portions or the application thereof to any person, be declared invalid or unconstitutional. (1634-2/71) ARTI�LE 7(2 �d2 SWIMMING REGULATIONS S . 7621 ACTIVITIES RESTRICTED IN PROTECTED SWIMMING AREAS . No person shall - operate, drive, rope qr. ermit to H into said protected swimming area any vessel3. 0- S . 7622 DESIGNATION OF SWIMMING ZONES . The City Council, by resolu- tion, may designate zones in water areas contiguous or adjoining water frontage areas owned, leased or controlled by the City of Huntington Beach within which swimming is allowed . The limits of all swimmin zones s designated shall be posted by appropriate signs or markings . �y�o�9 � S . 7623 DIVING OR JUMPING FROM PUBLIC PROPERTY. No person shall dive, jump or enter into the water from or immediately in front of any bridge, pier, wharf, dock, flat, bulkhead., seawall, groin, jetty, natural rock formations or any other place, or object not specifically des 'gnate o the purpose of d.iving, jumping or entering into said water. 30- g PUBLIC PLACES HARBORS S . 7631 ARTICLE 763 HARBOR SANITATION S . 7631 DEPOSIT OF REFUSE PROHIBITED. No person shall throw, dis- charge, deposit or leave, or cause, suffer or permit to be thrown, discharged, deposited or left, any 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 sucY/ a, ility except in waste receptacles designated for such purposes . /t/.3 � S . 7631. 1 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 a,nima.l waste or excreta, from any head , toilet or similar f cil' t \or by any other means whatso- ever into the waters of a harbor. S . 7631.2 Discharge of Flammable Material Prohibited . No person 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 7any oil, spirits, or any flammable liquid into the waters of . a harbo<—/W�0-1618 S . 7632 SIGNS REQUIRED PROHIBITING DEPOSIT OF WASTE AND REFUSE. The owner or operator- of any commercial docking facility or marina, located 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 o/ such sig s shall be prescribed by the Director of Harbors and Beache4 . jgjo-'� S . 7633 SHORELINE STORAGE PROHIBITED. No person shall place or allow any abandoned vessel, boat or material, garbage, refuse or timber or waste m tter of any type whatsoever to remain on beaches, piers, wharves, tties g ins, bulkheads, seawalls, flats or shoreline of any harbo ./y�3ONCO- S . 7641 HARBORS PUBLIC PLACES 'r ARTICLE 764 PIER AND DOCK REGULATIONS S . 7641 PERMISSION REQUIRED TO TIE UP TO PIER OR OTHER VESSEL, No person having charge of any vessel shall make the same fast to a wharf, dock, seawall or the front of any pier without the consent of the owner, agent or person in charge of such wharf, dock, seawall or pier. No person shall make fast any vessel to any other vessel already occupying any wharf, dock, seawall, or the front of any pier either public or private . No vessel shall be allowe to extend beyond the pierhead line into the public right of way /Z/50-767 S . 7642 TYPING UP VESSEL. Every vessel lying at any pier shall- be fastened thereto from bow and stern with� �uch li and in such manner as to assure the security of the vessel,/. �c/3 0-9GP) S . 7643 DIRECT FUELING PROHIBITED. No person shall fuel any vessel secured to or adjacent to a wharf, dock, seawall or any pier with any petroleum product directly from a tank wagon or truck. p_-39 8 ARTICLE 765 PERMITS AND FEES S . 7651 PERMITS REQUIRED. No person shall erect, construct, enlarge, alter, repair, move, convert or demolish any pier, dock, wharf, float or buoy within the City of Huntington Beach witho t obtaining a permit to do so from the Director of Public Works g39461g S . 7652 FEES. The permit .for private facilities shall be $25. The permit fee for commercial condominium and all other facilities shall be based on the fees required by section 303 of the Unnform ild- ing Code, and as may be set from time to time by ordinance. lc30- 68. ARTICLE 766 ENFORCEMENT S . 7661 PENALTY. Any person or persons violating any of,.the pro- visions of this chapter shall be deemed guilty of a mide- meanor and each such person shall be deemed guilty of a separate offense for each and every day or ,portion thereof during which any violation of any of the provisions of this chapter is coarmitted, con- tinued or permitted and upon conviction of any such violation, such person shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonmento not more than six (6) months , or by both such fine and imprisonment. 30.,��� l / i PUBLIC PLACES PARKS S 3-711 CHAPTER 77 PARKS (1026, 1246) ARTICLE 771. GENERAL •PROVISIONS 772. REGULATIONS 773 . PENALTY ARTICLE 771 GENERAL PROVISIONS S, 7711 Definitio�Z7 S. 7711.1 Person means any individual, firm partnership, joint ven- ture' association, social. club, frat final or anization corporation, or any other group acting as a uni �p2�(�-�� S. 7711.2 Alcoholic Beverages means any and all spiritous, vinous malt .or fermented liquor, liquids or compounds, whether medicated,. proprietory,. patented or not, and by whatever name called, containing one-half of one percentum, or more, of alcohol ,by volume, which are potable or fits as , or which may be used for bevere � purp ses. �oz/ TT 1�.z��u ARTICLE 772 REGULATIONS S . 7721 Unlawful .Acts . -t-- shall be unlawful for any person to do or commit, or for any person to cause or permit to be done or committed within the boundaries .of any u lic//p rk within a City of-Huntington, Beach, any of the fo'4towing -/02& - 41 -/Z44 -� S. 7721.1 Disfiguration and removal: Willfully cut, break,. injure, deface, disfigure, tamper :with, displace or remove any tree, 4trub, plant, turf, rock, sand, soil, building, fence, table; bench....barbecue unit,.. pole, light,- playground apparatus, bridge, rail- ing, :paving material, fountain, trash receptacle, . water line or -other public utility, part or appurtenance thereof, sign, . not.ice or.-placard whether temporary .or. permanent, - monument, stake, . post, or . other.. bound ary marker struct r`e, . or. facility whatsoever., either real `or ` personal. S . 7721.2 Public Toilets : Fail to cooperate : in maintaining public toilets in a neat and sanitary condition.Jer.. 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 ive ) years of a that are accompanied by a parent. or guardian. /02,6 S . 7721.3 PARKS PUBLIC' PLACES S . 7721.3 Trash and Garbage . Deposit, throw, discharge or otherwise place any paper, rubbish, debris, 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 receptacles where these are provided . Where receptacles are- not provided all such rubbish or waste shall be carried from the park by the p or} responsible for . its I resq c , and properly disposed of elsewhere�g341 �,ia/ S//- lblz o� S . 7721.4 Vehicles: 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 or owned by the City or any commercial vehicle making lawful deliv- eries to or otherwise lawfully engaged in an undertaking or enterprise within any public park of the City.���,��, - I/G) S . 7721.5 Animals: Lead or let loose any cattle, horse, mule, goat, sheep, swine, or fowl or animal of any kind except that it shall not be unlawful to maintain dogs on a leas4 Aot in excess of six (6) feet ,g9 -��d S(o�/ -%sa /o2&- �mN� !7A/64%6 S . 7721.6 Conduct: Indulge in riotous, boisterous, threatening, or indecent conduct or use abusive, profan or indecent language .( -�V0/ S-//-q1 71 /0;z ��c/ / 6-� S . 7721.7 Gambling: Gamble or engage in gamblin< 2 S . 7721.8 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 display of any such article or thing except by written .permission from the Ci y Administrator of the City.� '� e s// ��71 /Z2Aa-//� S . 7721.9 Alcoholic Beverages: .To consume or have in his or her pos- session., c�study, or control any alcoholic beverage of any kind whatsoevercoz(o- S . 7721.10 Games and Activities . It shall be unlawful for any person to take part in or abet the playing of any activity 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 include, but shall not be limited to, the following: baseball, archery, tackle football, golf, motorboating, water skiing, use of firearms or fireworks, model-airplane flying, or any activity involving thrown, or otherwise propelled objects such as balls, stones, arrows or javelin 11478, 1547-12/69) / L 3/q PUBLIC PLACES PARKS S. 7721.11 S. 7721.11 Curfew: .remain, stay, or loiter on- or about any such par between the hours of 10:00 p.m. and 5 :00 a.m. of the-jollowing- day provided that this section shall not a ply, to t- tendance at authorized community activities in the park(,- S. 7721.12 Advertising- and Si ns : Announce, advertise or call the pub is at en ion in any way to any article or service for sale or hire or to paste, glue , tack or otherwise post any sign,: placard, advertisement, or inscription whatever xcept by ritten per- mission from the City Administrator of the Cit ARTICLE 773 PENALTY S. 7731 Violations . Any person violating any provision of this chapter s all, upon conviction thereof be guilty of a misdemeanor, and subject to a fine of not more than Five Hundred Dollars ($500.00) or be im risoned in the City of County Jail for a periodrnot to excee three months , or by both such fine and imprisonment PUBLIC PLACES PUBLIC BUILDINGS S . 7811 CHAPTER 78 PUBLIC BUILDING (1026D ARTICLE 781. GENERAL PROVISIONS 782. REGULATIONS ARTICLE-'-781 GENERA- PROVISIONS S . 7811 Definitions . (a) Person means any individual, firm', partnership, joint venture, association, social club, fraternal . .rganiza- 'on, corporation, or any other group acting as 'a unit. !02& (b) Alcoholic . Beverages . Means any and all spiritous , vinous , malt or fermented - liquor, liquids or compounds , whether medicated, proprietory, patented or not, and by whatever name called, containing one-half of one percentum, or--more, of alcohol by volume, -which are r-table or fit as , or.,which may be used for beverage - purposes . o 2,6,_l ART •CL2E /0 (@-1� RE ULATION .S . 7821 Unlawful Acts . It shall be unlawful for any person 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 uilding within the City-. of Huntington Beach, any of the .following: p�_ (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 utilities 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 p operty or a urtenances whatsoever, either real or pe rs o n a 1. 'Z,(A—!mac} (b) Restrooms and Washrooms . Fail to cooperate in maintaining rest- rooms and washrooms in a �neat and sanitary condition. No person over the age of five years shall use a re trooms and washrooms designated for the .opposite •.s.ex.QL1a-2.1 (c) :Sanitation. Have brought . in or shall dump, deposit or leave any bottles, broken glass , ashes, - paper, boxes , ca ;`dirt, c rubbish, waste , garbage , or refuse, or other trash /02-& �G� 1 .S 7821 (d) PUBLIC -BUILDINGS PUBLIC PLACES (d) Alcoholic Beverages . o cons me any alcoholic beverages of any kind whatsoever ,024 - 46� (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 tr s_portat'on, sale or display or any such article or thing. (f) .Advertising. Announce, advertise or call the public at ntiony in any -way to any article or service for -sale or hire l0 2(a C (g) Signs . Paste , glue , tack or otherwise st any sign, placard, advertisement, or inscription whatever ��Z�.�� PUBLIC PLACES PARADES S . 7900 CHAPTER 79 PARADES 1 ARTICLE 799. General 791. Permit 792 . Appeal 793 • Penalty ARTICLE 790 GENERAL S. 7900 DEFINITIONS. As used in this article, 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 ublic or quasi-public place, which obstructs or unreasonably interfe es with he free passage of vehicular traffic or pedestrian trave A ICLE 79 11 ERMIT S . 7910 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 Administrator. No person shall promote, adver- tise, encourage or solicit attendance to or participate in a parade for which a permit is required by this chapter, for which no permit has been issued or for .which a permit has b� refused, suspended or revoked under the authority of this chapter '�e/�7_S�9 S . 7910. 1 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 knowingly join or participate in any permitted parade or any parade held under Section 7923 of this chapter without the consent and over the objection of the permi tee, nor 'n any manner interfere with its progress or orderly conduct . /5/97 S ,'g S . 7910.2 PARADES PUBLIC PLACES S . 7910.2 Application for Permit. Any person desiring 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 prepared, signed, verified and filed by a responsible person, not less than twenty-one (21) 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 •uch orga ization, who' is not less than twenty- one (21) years of age . ) '�9 7-.�(,9 (a) Such application shall contain the names of the applicant, the sponsoring organization, the parade chairman and the a,dd.re:;ses and telephone numbers of each; the drivers 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 complete list of the full names and add.resses of the officers or principal place of business of such organization shall be included in such application . The application shall also contain a detailed des- cription 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 add.ress 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 method of power; and the space between their units and their speed; and the maximum number of persons who will participate in the parade . (b) 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 organization, authorizing the applicant to apply for such permit on its behalf. S . 7911 PERMIT-PROCESSING FEE. A permit-processing fee in the amount of Twenty-five Dollars ($25 .00) 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 Po ice sha transmit such fee forthwith to the city Finance Director. ��97- PUBLIC PLACES PARADES S . 7912 S . 7912 APPLICATION. Upon receipt of each application for permit, the Chief of Police shall transmit a, copy of such applica- tion to the following: a City Administrator b Director of Public Works c Fire Chief `. d Traffic Engineer i Each of whom shall investigate the persons involved with, and the activity proposed to be conducted, and other facts, circum- . stances and information relating to such a,pplica,tion , and each such department concerned shall, within ten (10) days after cne filing of each application, make a, written report to the City Administrator who shall within fifteen (15) days after such filing, either grant or refuse a permit, as hereinafter provided . The granting or refusal of any permit by the City Adminis- trator 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 p riod, shall constitute a waiver of the right to such appeal ./V,g)_ 5/1 S . 7912.1 Surety or Cash Bond 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 policemen, 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 add.itiona.l costs of said patrol. (b) That applicant provide public liability insurance and property damage insurance written by an insurance company acceptable by the City Administrator in such reasonable limits as shall be required by the Ci Administrator, and in which the city is named as co- insured . S . 7912 .2 Conditions to Grant of Permit . 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 participate therein; the maximum length thereof, the maximum and minimum speed thereof; the stops permitted, if any; the accommoda- tion of other traffic ; the number and type of .vehicles, if any; and such other requirements as are found by the City Administrator to be reason- ably necessary for the pr tection of persons or property and control of other .traffic 7--��9 i S . 7913 PARADES PUBLIC PLACES S . 7913 ISSUANCE OF PERMIT. The City Administrator shall issue the permit conditioned upon applicant 's written agreement to comply with the terms and r gulations o such permit unless the City Administrator shall find that• (a) The time, route and size f 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 contiguous thereto, as to pre- vent reasonable police protection to the city; or (c) That the permittee has not provided for the services of monitors, who must be over twenty-one (21) years of age, to control the orderly conduct of the parade in conformity with such permit; or (d.) That the permittee has failed. to provid.e reasonable means of inform- ing 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 pro- per 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 reason- ably required for the same and orderly conduct of the parade; or (g) Such parad.e will interfere with another parade for which a permit has been granted or a parade for which no permit is required by this chapter. S . 7913.1 Denial of Permit. The City Administrator shall deny such parad.e permit, and notify the applicant thereof, where: (a) The City Administrator makes any finding specified in the fore- going 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 con- ditions and regulations of the permit; or (d.) Applicant has failed. to file the surety or cash bond or liability insurance and property damage insurance requir d by th ity Administrator under authority of this chapte � �9, S . 7913.2 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 re nsidera iron shall not be a condition precedent to judicial review. PUBLIC PLACES PARADES S . 7914 S . 7914 CONTENTS OF PERMIT. In each pe it, the City Administrator shall prescribe: �� m (a) The assembly area and time therefor; (b) The starting time; (c) Th : 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 fractions thereof; (h) The disbanding area and disbanding time; ( i) The number of persons over the age of twenty-one (21) 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; (1) That permittee advise all participants in the parade, either orally or by written notice, of the terms and conditions of the 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 wilful delay or wilful stopping of said parade, except when reasonably required for the safe and orderly conduct of the parade, shall constitute a violation of the parade permit; (o) Such other terms and regulations as are found by the City Adminis- trator to be reasonably practicable . S . 7914. 1 Request for Alternatives . If the denial of permit is base.d in whole or in parE on the date, hour, or route of travel, the applicant may submit with his motion for reconsider t.ion or appeal, a proposed alternative date, route of travel or hour. ���s� S . 7915 PARADES PUBLIC PLACES S . 7915 LATE APPLICATIONS. The City Administrator shall have authority, in his discretion, to consider any application for a permit to conduct a parade which is filed less than orty (40 days before the date such parade is proposed to be conducted �?-7_ �GJ S 7916 OFFICIALS TO BE NOTIFIED. Immediately upon the granting of a parade permit, tFe 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 S . 7917 PARADE PROHIBITED. No permit shall be issued authorizing he conduct of a parade which the City Administrator 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 prof it ��c1i7-S9 S . 7918 REVOCATION OF PERMIT. Any permit for a parade issued here- un =er may be summarily revoked by the City Administrator at any t ime; (a,) When by reason of actual or threatened disaster, public calamity, riot or other emergency, the City Administrator reasonably deter- mines that the safety of persons or property demands such revoca- tion; or (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 . PUBLIC PLACES PARADES S . 7920 ARTICLE 792 APPEAL Jcj 7— q S . 7920 APPEAL. FILING OF. Any app al to the City Council shall set or fully e 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 Council, and forward copies thereof to the City Administrator and the City Attorney. The City Administrato �;��__?,_),shall submit to the City Council the record of the case appealed(S . 7921 SAME. ACTION OF COUNCIL. Within thirty (30) days after fil- ing of the appeal witF The City Clerk, the City Council shall consider the appeal at a. regular meeting. Written notice of the time and place the City Council will consider the appeal shall be mailed by the City Clerk to the applicant at least ten (10) days before the date set for hearing, unless applicant shall waive said notice in writ- ing. In any appeal, the City Council shall consider the application, the record of the case submitted by the City Administrator and other pertinent information presented, and may deny or grant the permit sub- ject to conditions, terms or regulations authorized by this chapter. The City Clerk shall, within three (3) days after decision of the Councr14 notify the applicant in writing of the decision of said Council. y/9 7-56,� J S . 7922 SAME. The City Council may, in its own motion, made within twenty days after the decision of the City Administrator, review the issuance, denial, suspension or revocation of any permit, or review any condition, term or regulation attached thereto. If, after review, the City Council determines that the matter should be considered on appeal before the City Council, it shall order the City Clerk to notify the applicant, City Administrator, the City Attorney and other affected parties of the time and place of such con- sideration, as hereinabove provided . After such consideration, the City Council may deny or grant the permit bject tb conditions, terms or regulations authorized by this chapter�jz�e�V_-� S . 7923 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 trans- port the rema'- 's of a dece sed person to a place of burial or cremation . l ��77��� S . 7931 PARADES PUBLIC PLACES ATI E7LTY,/61 PE`N S .. 7931 VIOLATION OF ORDINANCE. Any person who violates or wilfully fails to comply with any provision of this chapter, or any of the terms, conditions or regulations of the parade permit Issued unde the authority of this chapter, is guilty of a misdemeanor��� q^_7 S . 7932 PENALTY. Any person convicted of a. misdemeanor under the pro- visions of this chapter shall be punishable by imprisonment in the city jail of the City of Huntington Beach, or in the county jail of Orange County, as a judge of a, court of competent jurisdiction may direct not exceeding six (6) months, or by fine not exceeding Five Hu red Dollars ($500.00) , or by both such fine and such imprisonment . '/y�7�S�l S . 7933 SEVERABILITY. If any subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, 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 chapter or its application to other persons . The City Council hereby declares that it would have adopted this chapter and each subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions or the ap•plication thereof to any person, be declared invalid or unconstitutional 7, r BUILDING DIVISION 8 DIVISION 8 BUILDING CHAPTER 81. BUILDING• 82. NATIONAL ELECTRICAL CODE 83 . UNIFORM MECHANICAL CODE 84. UNIFORM PLUMBING CODE I ._I r BUILDING BUILDING S . 8111 CI-1APTE]i 81 ARTICLE 811. BUILDING CODE 812. HOUSING CODE 813 . MOVING OF BUILDINGS 814. SWIMMING POOLS 815. MASONARY WALLS 816. DRIVEWAYS 817. SUN DECKS AND WINDSCREENS 818. TRAILER PARKS 819. DANGEROUS BUILDINGS Q C. S� ARTICLE 8 BUILDI CODE C�y7S-?/ y/ 530, s2o ,�i S9, F&�/ /0/8 S . 8111 ADOPTION OF UNIFORM BUILDING CODE VOLUME I 1970 EDITION. /`/PS ere is hereby adopted .by EEe City Councii o e y /Ss� of Huntington Beach that certain code known as the Uniform Buildin /6,2 Code, Volume I, 1970 edition, and the whole thereof, for the purpose 1 o f-regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use height, area, and maintenance of buildings or structures in the City of Huntington Beach; providing for issuance of permits and collec- tion of fees therefor; declaring and establishing fire districts; pro- viding penalties for the violation thereof, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT for the following articles and. sections: Article 813 8111.2 Article 815 8111.3 Article 816 8111.4 Article 817 8112 Article 818 8112. 1 8112.2 SECTIONS: 8112. 3 8111.1 8115.6 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 50022.2 et seq. of the Government Code of the State of California, and from the date of this ordinance shall take effect and the provisions thereof shall be con- trolling within the corporate limits of the City of Huntington Beach. (3755530, 592, 869, 1o64, 1139, 1331,' \ 1626-2/71) 2/3� FIR � YS2- ���i 4��y �&s ���7 1967 S . 8111 . 1 BUILDING BUILDING S. 8111. 1 Concrete Floors . Minimum Slab Thickness . Structural and Mix Design. i (a) Except where otherwise permitted in this Section concrete slab- on-ground shall be nominal 4 inches or more in thickness with not less than 3-5/8 inches (actual) at any point and for all habitable spaces the following .-shall -be the minimum requirements ss_ep tion from �qal with approved vapor barrier (polyethelene minimum .00Pe mils) and reinforced with minimum 6" x 6" - #10 x #10 welded wire fabric. (b) Structural slabs shall be of design thickness , but not less than 4 inches . (c) Where slabs-in-ground are placed in two operations (double slabs) minimum thickness of upper slab, 3 inches ; lower slab, 2 inches . (893) (d) 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 recom- mendations of the American Concrete Institute (ACI 613) . The mixture shall be such that the concrete will1work readily into corners and angles of forms and around reinforcement without segregation of materials or accumulation of excess free water on the surface. (e) Concrete shall contain not less than 5 sacks of cement per cubic yard. (f) Quantity of mixing water shall not exceed 732- gallons per sack of cement, including the free water contained in the aggregate . (g) Slump (1) Maximum Slump shall not exceed 4 inches for normal weight concrete or 3 inches for lightweight concrete except that a slump not to exceed 6 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 28 days , of at least the required design strength but not less than 2000 psi . (4) A copy of the Bill of Lading for all such materials must. be made available to the Huntington Beach Bu! 'ng Depart- ment Inspectors upon request. (859, 10181- 01/&4 Z-8/w S . 8111. 2 Metal Base Screed. Metal base screed shall be installed prior to exterior plaste lath application on all residen- tial frame construction. (10631 — i� BUILDING BUILDING S . 8111.3 8111 . 3 Sections 17953, 179545 17955, 17956 and 17957 of the State He lth and Safety Code, shall govern in relation to housing . (Slll .)4 Under authority of ;section 17957 Cal.il'ornia Health and Sa fety Code, the Building Department may waiver the requirements for tests on individual lots as set forth in Section 17954 of the .Califor- nia Health and Safety Code, if as an alternative each and every dwelling within the subdivision is structurally designed to withsta the most critical soil problem within that subdivision. (1161 —1 S . 8112 That the entire City of Huntington Beach is hereby declared to be and is hereby estalbished as a fire district, in accordance with the Uniform Building Code and said fire district shall be known and designated as Fire Zones 1, 2, and 3 and each such zone shall include such territory or portions of the City as designated in Sections 8112, 8112.1, 8112 .2 and 8112 .3 of the Huntington Beach Ordi- nance Code 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 hereby adopted as Fire Zone Maps and Records of the City of Huntington Beach for applicat'on of the .regulations included in "The Uniform Building Code" of the Pacific Coast Bu>ilde s conference as adopted by the City of Hunting on Be ch. �//(869) -9 G� S . 8112 . 1 Fire Zone No . 1. hose portions of the City of Huntington Beach described as follows shall be designated and established 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 intersection with the easterly line of the Southern Pacific Railroad right-of-way, thence northerly 960 .00 feet along said right-of-way line 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 begin- ning, 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 east- erly line of the Southern Pacific Railroad right-of-way, thence northerly 1170.70 feet, more or less , along said line to its inter- section with the southerly line of the Southern California Edison Company right-of-way, thence easterly . 1950.00 feet, more or less, alon& said southerly line to its intersection with the southwesterly line of the San Diego Freeway, thence southeasterly 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 southeasterly 240.00 feet, more or less , along the southwesterly right-of-way line of the San Diego Freeway and its southeasterly ' 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 . (869, j485, 1558-2/70) Z_ S . 8112 .2 BUILDING BUILDING l" 1_ r•( Zone No All po rtlort;; () I.' Lhc, City o I.' Ht.intln„ton w11;f) 1.rt 1;1ir r:r�rntnr: r'r :1 r,,.L ,1.L; i;.r' Lc 1;,, , ai-, do lI':Lned t.,l' the lluni,.i.r)t�Lor) L'r: �.r h U r l.l_n;a,nc:,. ("odo , ri.t)c.1 ti)u;.,u p.x•op- :i.e.,; on which a, use permitted in the commercial d_i_;;tr:i.cLs has been allowed by use permit or conditional exception pursuant to Division 9 of this code-, and outside of Fire Zone Wo .//1, shal-1 be d ated, fixed and established as Fire Zone No . EXCEPTION: Property located in a residential istrict on which a home occupation is allowed by use permit, shall be exempt from this section . (896, 11 T, 14851 -�/�5 S . 8112 .3 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, be designated, fixed and establishedas Fire Zone No . 3 . (8691 )hall S . 8113 Repealed by Ordinance No . 1626 - 2/71 S . 811ZT Repealed by Ordinance No . 1626 - 2/71 S . 8117. 1 Repealed by Ordinance No . 1626 - 2/71 S . 8115 A Se tion 3 (a) ent ' d, "U Occu cy of t i orm " i di Co e, ume , 1 70 edi ion, is hereby amended to r as ollows: USE OR OCCUPANCY. b ilding or structure in Grou to Vhl ve , shal used or ccupi d, and cha e in the isti gcy class ' ica on of build in ructure o on thereof m til the ilding official has issued a certificate of occupancy therefor, as provided herein . S . 8115. 1 ChjZnge in U Changes t charac r o use o build- shall of made cept a- s f ied in ion of t�Uni ' Buil Code I, 1970 edition. 5 /- 8115 .2 Certificate Issued . After final inspect ' , when it is and that the building or strucuure mplies with the pro- isions of all ertinent laws , codes , ordina s and any imposed con- ditions , the buil ' g official shall iss a certificate of occupancy i\�hich shall contain he following: a,l The building permit mbe , b The address of the bu' ; c The name and addre of the ner; d A description o hat portion o the building for which a certifi- cate is iss ; (e) A stateme that the described portion the building complies with requirements of all codes for the up of occupancy is c sified; and (f he name of the building official. i 8115.j 8115.3 Section 306 (a) , entitled "Use or Occupancy" of theQUniform Building Code, . Volume I, 1970 edition, is hereby 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 por- tion 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 certificate 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 build- ing or structure, and issuance of a final certificate of occupancy; and (c) A statement that a conditional certificate of occupancy is tempo- rary 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 fin 1certificate of occupancy for the entire buildingra �� - � S---8115.4-4 Repealed---by •Ordinance No . 1626 -- 2/71- S . 15 .5 osting. Th ce tificate o c a �cy or Tonal c rt ficat of oc pa�y all be s n a co cuous ace he pr mis and sha-l� e r ved ept by the building official. S . 8115.6 Penalty. It shall be unlawful for any person, firm' or corporation to occupy, or permit to be occupied, any build- ing or structure, or maintain a building or structure which is occupied in the City of Huntington Beach, prior to the issuance of a certificate j 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 expira- tion of the conditional certificate of occupancy. Any person, firm or corporation occupying or permitting the occupancy of any building or structure, or maintaining a building or structure which is being 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, shall be deemed guilty of a misdemeanor, and each such per- ' son, firm or corporation shall be deemed guilty of a separate offense for each and every day, 'or portion thereof, 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 $300, or by imprisonment for not more t an ninety (90) days , or by both such fine and imprisonment . (14841 7 S . 8115 .7 BUILDING BUILDING S . 8115 .7 Severability. If any article, section, subdivision, sentence, clause, phrase, or portion of this chapter, or any additions or amendments thereto, or the application thereof to any person, 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 chapter or its application to other persons . The City Council hereby declares that it would have adopted this chapter •and each article, section, sub- division, sentence, clause, phrase or portion, and any additions or amendments thereto,• irrespective of the fact that any one or more articles , sections , subdivisions, sentences , clauses , phrases, or por- tions or the application thereof to any person, be declared invalid or unconstitutional. (1626-2/71) t 0 c o BUILDING BUILDING S . 8121 ARTICLE 812 /V413, /l02 7- 2/1 S . 8121 ADOPTION OF HOUSING CODE. There is hereby adopted by the Ci y. Council. of the City of. Huntington Beach by reference that certain code known as the Housing Code, being Volume III of the Uniform Building Code, 1967 edition, and the whole thereof. The purpose of such code is to arrest, remedy and prevent the decay and deteriora- tion of places of habitation and. to eliminate slums and blighted neighborhoods by providing minimum requirements for places of habitation for the protection of life, health, welfare, safety and property of the general public and of the owners and occupants of places of habitation in the City of Huntington Beach; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for the viola- tion thereof, 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. (14241--.7�(o2/S . 8121 ADOPTION OF HOUSING CODE. There is hereby adopted by the City Council o e City of Huntington Beach by reference that certain code .known as the Housing Code, being Volume III of the Uniform Building Code, 1970 edition, an he 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 neighbor- hoods by providing minimum requirements for places of habitation for the protection of life, health, welfare, safety and property of the general public and of the owners and occupants of places of habitation in the City of Huntington Beach; to provide for the issuance of pe.rmits and collection of fees therefor; and to provide penalties for the viola- tion thereof, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT for the following sections: 8122 8122.4 8122. 1 8122.5 8122 .2 8122 .6 8122.3 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 50022.2 et seq. of the Government Code of the State of California, and from the date of this ordinance shall take effect and the provisions thereof shall be con- trolling within the corporate limits of the City of Huntington Beach. (1424, 1627-2/71) S . 8122 BUILDING BUILDING S . 8122 FLOOR SPACE. (1443) -Y�, S . 8122.1 Construction Restricted . It is unlawful to build or con- struct any building for human habitation within this city containing less than the minimum area of floor space as herein provide d �y�-�� S . 8122.2 Moved Buildings . "Build or construct" includes y build- ing constructed elsewhere and moved to this city. _/y3-Y- S . 8122.3 Minimum Floor Space . The minimum floor space area for any bu ding cols ructed or used for human habitation shall be as follows: Ig1/1.98 S . 8122.4 Single-Family Dwelling. Not less than four hundred (400) square feet. .�c/q 3-/(,Ili S . 8122.5 Duple-X or Two-F mily Dwelling . Not less than 720 square feet S . 8122.6 Multiple-Family Dwelling. Not less t''an 240 square feet for each separate apartment (/4 V3 S . 8122.7 Penalty. Any person convicted. of a violation of any pro- vision of this article, or any additions or amendments thereto, shall be punishable by imprisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ($500) , or by both such fine and imprisonment. (1627-2/71) S . 8122.8 Severability. If any section, subdivision, sentence, clause, phrase, or portion of this article, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each sections, subdivision, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections , subdivisions, sentences, clauses, phrases, or portions or the application thereof to any person, be declared invalid or unconstitutional. (1627-2/71) BUILDING BUILDING S. 8131 ARTICLE 813 _MOVING OF BUILDINGS' L-7 12 S. 8131 Application for Permit. No per on, firm or corporation shall move any building, or structure, or portion of a building or structure into the City of Huntington Beach or relocate within said City, or cause the same to be done without first obtaining a separate building permit for each building or structure, or portion thereof from the Huntington Beach Building Department. This building moving permit will be subject to the follow- ing conditions : (a) Payment of a relocation fee. (b) The maximum time limit for the completion of a move-in building shall be 120 days. (c) All streets shall be dedicated to their ultimate right-of-way and improved to City standards including street trees , street lights and street signs. (d) All utilities shall be installed underground. (e) On site walkways and driveways shall be installed to City standards. (f) The building shall be restuccoed and repainted. (g) Payment of Park and Recreation fees. (h) A cash bond in h amount specified in Section 8131.1 (b). (1205, 1244g' -$ L S. 8131.1 X Application. Contents: To obtain a permit the applicant shall first file an application therefor, in writing, on a form furnished for that purpose by the Building Department. Every such application shall contain or have appended thereto, the following information: (a) Name of street and official house number, the name of the tract and/or block and zone-use legend, the lots number and its dimensions, where the building or structure 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 building 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 (1/8") to the foot shall be filed with the application. Such plot plan shall indicate with dimensions, all existing and proposed setbacks. (h) One 8" by 10" photograph of said building. (7641 — S. 8131.2 BUILDING BUILDING S. 8131.2 Posting. When such application is filed with all the information required, the Building Department shall inspect said building and if it conforms with the minimum require- ments of the Huntington Beach Building Code for a new building, the MOVING NOTICE cards shall be made out and posted by the Building Department 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. Said Moving Notice Cards shall not be less than one (1) 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 said moving signed by one or more persons who own real property within 300 feet of the location in which said 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 7 days after such posting); that such protest shall be heard and determined by the City Council of the City, at its -first regular meeting after the expiration 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 will issue a Re- location Permit as herein provided. 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 approximately fifteen (15) 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 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 build- ing is within the City of Huntington Beach. The said Moving Notice Cards shall remain posted for a period of seven (7) consecutive days. At the end of such posting time, the Moving Notice Cards shall be removed by an official of the City of Huntington Beach. (d) A copy of Sections 8131.2 and 8132 of the Huntington Beach Ordinance Code shall be mailed to owners of real property with- in 300 feet of the location to which said structure or structures are to be moved. BUILDING BUILDING S. 8131.3 (e) Notice of the application for relocating a building, together with description and present and proposed location. Notice shall be given by at least one publication thereof in a news- paper of general circa ation in this City prior to date of posting. (11850 S. 8131.3 After the initial inspection by the Building Department , should it be determined by the Building Department that said structure may have an unjurious effect upon the characteristic of the neighborhood in which this building is to be moved, the Director of Building and Safety m y refer this matter to the Board of Zoning Adjustments. (1244Y S. 8131.3.1 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 said structur n comparison to those in. the neighborhood. (12441 -��� S. 8131.3.2 After _hearing said matter the Board of Zoning Adjust- ments may approve-, conditionally approv or disapprove the application for a permit to relocate.. (12441- S. 8132 Protest and Hearing. If a protest -against the moving o sai bu TMng or structure is filed, it shall be in writing and signed by one or more individual property owners who own real property within 300 feet of the location to which said structure or structures are to be moved. Such protest shall be filed in the office of the Building Department of aa.'d City during said period of required posting. (764 124Q S. WJ133 elo ation Permit. Ins ect on Fees. Whenever 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 (8500.00) 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 ($400.00) per living unit will be refunded to the applicant. Whenever a permit is sought for the purpose of relocating building within said City, the sum of Five Hundred Dollars ($500.00 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. ($400.00) per living unit will be refunded :to the applicant. Provided," however, . if any builds shall be relocated upon- the same parcel, a fee of Twenty-five Dollars($25.00) 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 he original permit fee as herein above provided. (764, 1208, 1244f - /� ` yw 4 SX(. S . 8133 .1 BUILDING BUILDING S . 8133 . 1 Relocation Permit. (764, 12441 -, 61, (a) Bond Required : Ly/�jb 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 .(25%) 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 relocation 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 to unless the City Build.ing. Director finds that no such security is necessary in ord.er to assure compliance with the requirements of this section. S . 8133 .2 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 satisfaction 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 . with the time limit specified in the relocation permit; or if no time limit is specified , within ninety (90) days after the reloca- tion 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, and no such extension shall release any surety from any bond . (764$ 1/016 S . 8133.3 Default in Performance of Conditions - Notice to Be Given. (a) Whenever the Building Director shall find that a default has occured 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 thg expenditure .of the said sum in hand therefor. (764, 1244.$ --$/6� i BUILDING BUILDING S. 8133.4 S. .8133.4 Cash Bond - 4anner :of Eni`orcemen-t. 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 Inspector 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 discretion. The balance, if any, of such cash deposit shall upon the completion of the work be returned to the depositor or his successor or assigns , .- after deductin the ost of the work plus twenty-five percent (25'7) thereof. (7645- yI® S. .8133.5 Option to Demolish Building Or Structure. 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 stru tune and clearing, cleaning and restoring the site. (764, 12440 - 17, eo S. .8133.6 Period and Termination of Bond. 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 termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this article provided. (764, 1244) S. 8134 Entry Upon Premises. The Building Director and his duly authorized representatives shall have access to the premises described in the relocation permit , � or the purpose of inspection the progress of the work. (12444 �� S-8134.1 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 re uire�d�work or to remove or demolish the building or structure. (12441 - 'PGA S. 8134.2 It shall be 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' structure for which a reloca- tion permit has been issued after default has occurred in the per- formance of the terms or conditions thereof. (764, 1244� S. 8135 BUILDING BUILDING S..-.8135 Relocation Permits - Exce tions. The provisions of this article 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 of Huntington Beach. 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 sha be issued without the requirement of a bond. (764, 1244,P /_y/o S. 8135.1 /� Relocation Permits - Fees. If relocation is not commenced six 6 months after the filing for a relocation permit , said application will be void and fees forfeited. A new application shall be filed with the r fired fees before a relocation permit shall be issued. (12444 '1� G S. 8135.2 The provisions of this section relative to fees and bonds shall not apply to the relocation of buildings or structures to be u d by a governmental agency for a governmental purpose. (.764& - . 8136 Inspections Required; Any building moved into this City shall be subject to final inspection by the Build- ing 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 spected and approved by the Building Inspector. (764P - IJ/ S. 8137 Penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall be -deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the City Jail for a period of not more than six months or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violations of any of the provisions of this ordinance is committed, continued, or permitted by such persons , firms or coF:Jation and shall be punishable therefor as herein provided. B1J LDING 1SWIMMJ.N2 P00.1'S ARTICLE 814 UNIFORM SWIl�MING POOL CODE S . 8141 ADOPTION OF UNIFORM SWIMMING POOL CODE, 1970 EDITION. There is hereby adopted by the City Council of the City. of Huntington Beach, for the purpose of protecting public health, welfare and safety, by prescribing minimum standard.s for the design, construction or installation, repair or alteration of swimming pools, public or private, and equipment related thereto; requiring the issuance of per- mits and inspections therefor; providing for the administration 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 Mechanical Officials, and repealing all ordinances and. parts of ordinances in conflict therewith EXCEPT the following sections: 8142 8143 .4 8142 .1 8143 .5 8142.2 8143 .6 8143. 1 8143 .8 8143 .2 8144 8143 .3 8145 of which code not less than three (3) copies have been and are now filed 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 forth at length herein, as provided by Section 50022 .2 et seq. of the Govern- ment Code of the State of California, and. from the date of this ordinance shall take effect and the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (Eg�151 , 1631-2/71) q S . 8142 AMENDMENTS . The Uniform Swimming Pool Code, 1970 edition, is hereby amended and. changed in the followi(9/ res ects: s'/I-xo) &3l S . 8142.1 Section 1.0 is hereby amended to read as follows: ADMINISTRATIVE AUTHORITY shall mean th Building and Safety Director of the . City of .Huntington. Beac 4.�s��-��q S . 8142 .2 Section 1. 1 is hereby amended..to read as follows: DEPARTME HAVIIJG JURISDICTION shall mean the Department of Building and _Safety. /S-/q S . 8142.3 Section 1.5 of the Uniform Swimming Pool Code 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 shall be determined by the total valuation as pe-r Tab l 3A of the niform Building Code, Volume I, 1970 edition/°/ -� 11 ) -6/j1 S . 8143 SWIMMING POOLS BUILDING S . 8143 ADDITIONS . The Uniform Swimming Pool Code, 1970 e ition, 2�� is -hereby amended by add.ing the following sections,S /9_% 1�31 S . 8143. 1 Section 1.7. 1 is hereby add.ed to read as follows: 1.7. 1. CASH BOND. All applications for swimming pool building per- mits 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 con- struction materials have been removed from city streets and all repairs have been made to curbs, walls, sidewalks , streets and other public property damaged by applicant, or as a result of the construction or repair of the swimming pool or any part thereof. In the event applicant does not remove said materials and make said repairs to the satisfaction of the building inspector, the full amount of the bond shall be forth- wish and summarily forfeited . Upon the final inspection, and appr val by the Administrative Authority, the bond shall be returned to t applicant, unless such bond has been forfeited as provided herei S . 8143.2 Section 1.7.2 is hereby ad.d.ed 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 requirements of tkiis 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 o admission price is required to be paid for the use thereof.( / 409) S . 8143 .3 Section 1. 15 is hereby ad.ded to read as follows: 1. 15. RECEPTOR BACKWASH. A receptor-backwash line is not required, but in the event a receptor-backwash line is installed, the line must meet the requirements of the latest editiop- of the Uniform Plumbing Code and. have an approved. type of "P" trapf. /5! � -§10 S . 8143 .4 Section 1.16 is hereby ad.d.ed to read as follows: 1.16. SLAB. Pool equipmggnt sha 1 be installed on a slab four (4) inches above ground level/`�I, _ /o S . 8143.5 Section 1. 17 is hereby added to read as follows: 1.17. HOSE BIBBS . All hose bibbs withi fifty ( 0) feet of the pool must be protected. with anti-syphon device .•� �q �1�� S . 8143.6 Section 215 is hereby 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 . BUILDING SWIMMING POOLS S . 8143.7 S . 8143.7 Section 216 is hereby add.ed to read. as follows: 216. Fencin . 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 d.evices shall be located not less than five (5) feet above exterior grade of such doors . This section includes walk-through garage doors . This section is not designed to prevent the use of other pro- tective devices, subject to approval of the Administrative Authority, provided the degree of protection is not reduced. from that give above . S . 8143.8 Section 217 is hereby add.ed to read as follows: 217 Soil Conditions . All areas in Huntington Beach are considered expansive soil areas unless otherwise specified by an engineer's report. Pool decking design must be as shown on plans for expansive soil. Expansion Joint. Separate between pool coping and. decking must be provided and. seal joint with approved compound . A nonsetting mastic, rubber or similar compound is necessary. Cantilevered Decks . All cantilevered decks must have a nonsetting mastic, rubber or similar compound between top portion of tile and undersid.e 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. � 5��9 r��1 �_ J S . 8144 SWIMMING POOLS BUILDING S . 8144 PENALTY. It shall be 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 . Any person, firm or corporation violating the provisions -of this code shall be deemed guilty of a misdemeanor, and. upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in jail for a period. not exceeding six (b) months, or by both such fine and imprison- ment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of the provisions of this code is committed, continued or permitted. by such person, fi or corp ation, and shall be punishable therefor as herein provided S . 8145 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this code is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain- ing portions of this code . The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitu ional. BUILDING BUILDING S. 8151 ARTICLE 815 MASONRY WALLS mil/5�- a // - G5' S. 8151 Masonry Wallss All masonry walls will be constructed according to City Standard Plans Nos. 126-A, 126-B, 126-C, 127, 128 and 1.2.9. All notations and information lineated on these plans are hereby made a part of this ordinance. n V, 117q-1 ��5 S. 8151.1 Six (6) Foot Block Wall. See Standard Plan No. 1286/V&/4,Z/ S. 8151.2 Four (4) Foot Block Wall, See Standard Pla •'lNoa ,' S.. 8151.3 Masonry Retaining Wall. See S ,tandaro Plan No. 126-A,• 126-B, 126-C and Plan No. 127 /q,. t Z� 117 y_Iz�� S. 8151.4 Required Inspections. Following excavation of footings and post holes, with reinforcing steel on ,fob. � (a) Prior to placement of 4th course of bl cks. W (b) Prior to grouting pilasters. (9141- �j,2 ARTICLE 816 DRIVEWAYS AND PARKING AREAS S. 8161 Driveway Design: Driveway shall extend from street or alley pavement or curb line to garage, carport or parking space. Minimum width, 10 feet. Driveway entrance shall have a flare or radii adequate for safe and convenient ingress and egress. Maximum gradient between vertical transition, 1-3/4 inches per foot (14 percent). Vertical transition shall prevent contact of car under- carriage or bumper with surface. Horizontal alignment shall be safe and convenient to back car out or an adequate turnaround shall be provided. 9/2 S. 8)L61.1 BUILDING BUILDING S. 8161.1 Crown or cross-slope: Minimum, 1/8 inch per foot (1 per cent). Maximum, 5/8 inch per foot (5 per cent ). ]Ribbon driveways may be used in accordance with the following: (a) Ribbons shall be concrete, 5 feet o.c. (b) Minimum width of ribbon, 2 feet. (c) Apron at street shall be flared and improved full width for at least 12 feet length, us' concrete or other -acceptable material. (924 S. 8162 Construction: Subgrade shall be well drained, uniformly graded and compacted to prevent harmful differential settlement. S. 8162.1 Soil. Sterilization: Soil sterilization shall be used in all areas to be paved where there is evidence of vegetation. Pavement shall be concrete bituminous pavem t or other appropriate local road materials. (924)- S. 8163 Concrete Pavement: (a) Minimum thickness, 4 inches actual. (b) Provide an expansion joint at public walk or curb and at garage or carport slab. (c) Provide contraction joints at approximately 10 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 cur.bin / y Zy_Y&2� S 8165.1 Bituminous Pavement : (a) Base shall be of crushed stone, gravel or -other appropriate, durable road materials , properly com- pacted to four (4) inch minimum compacted thickness. (b) Wearing surface shall be bituminous concrete c pacted to minimum thickness , two (2) inches Z_om- 7/eI_X)_ BUILDING BUILDING S. 8163.2 S. 8163.2 Axgregate Base - shall be Class 2 aggregate base, graded to 3 4 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 §pecifications of the State of California, Department of blic W rks , Division of Highways, gated January, 1960. Zcf q�2� /oG3- S. 8163.3 Asphaltic Concrete - shall be Type B asphaltic concrete, graded to 1 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. (924, 10635 G 9�ti �% S. "8.I71 BUILDING BUILDING ARTICLE 817 SUN DECKS AND WIND EENS 11 � GS S. 8171 Limits. No deck structure shall ext nd more than five 5 rTTeet beyond the bulkhead Q1114_1X1_,_ S. 81t2 Railin Railing, not exceeding 42" (forth-two inches) in he t , may be constructed completely surrounding deck area. /11 q-/k,5 S. 8173 Windscreen. Windscreen may enclose 50% of the deck perime er within the following structural limitations: H _f�s S. 8173.1 Shall be self supp 'rting n not attached to an existing dwelling��//�-���- S. 8173.2 No portion of a windscreen shall be covered or roofed over in any manner. No device or materials shall be incorpor d in t s structure that connects the windscreen to the dwelling f/le�- , S. 8173.3 All required side yard setbacks shall apply 61/�' S S. 8173.4 No windscreen shall exceed eight (8 ' feet in beight , measured from finished floor of deck. S. 8173.5 All portions of windscreen above the allowed 3 '6" railing heigh shall b lass and shall be maintained in a transparent conditio . ///�L S S. 8174 Top. Top of deck elevation shall not be ove the ' first floor elevation in the dwelling un .///1�-�� S. 8174.1 • No material shall be attached to this structure Aha in any way tends to obscure the glassed-in area S. 8175 This ordinance shall apply only to lots designated as "Waterfront lots" and patio decks projecting beyond the bulkhead line sh 1"1 be limited to wharfage areas assigned to said waterfront lots S. 8176, Any person, corporation or firm desiring to build a deck projecting beyond he�bu- khead must first obtain a license from the City to do so. // -�1 S. 8176.1 Fees. The fees for said license will be $5.00• annually. ///,4-�; D BUILDING BUILDING S. 8181 ARTICLE 818 TRAILER PARKS 1150 -(��s S. 8181 Unlawful Occupancy. It shall be 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 re- moved 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 .-met al...tubing_ - : . not to exceed one-half (h) inch inside diameter may be used for water , and that metal tubing not less than three-quarter (1/) inch inside diameter nor more than fifteen (15) feet in length may be used for a gas connector from the branch service 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 uns and and d es not . protect its occupants against the elements r S. 8181.1 Unlawful Use. It shall be unlawful for any person to occupy, as living quarters , any trailer coach upon any area or tract of land within- the City of Huntington Beach, except as follows : (a) A trailer coach may be parked and used as living quarters in a licensed trailer park. (b) A trailer coach may be parked for display, for sale, and/or trade purposes only on a trailer sales lot for which a current business license has been issued. (c) A trailer coach may be parked upon the. streets within the City of Huntington Beach during the daylight hours, if not in violation of any parking rule or regulation applicable to the Cea. S. 8181.2 BUILDING BUILDING S. 8181.2 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 y occupa s other than those occupying the trailer-tenanting the si t S. 8181.3 Unlawful Rent. It shall be 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/dbach sha• l also be deemed to be rental for the space it occupies //S-p- S. 8182 Parking. It is unlawful to park a trailer coach over-night upon -any public highway, including the right-of-way. This provision shall not apply where a railer o�ch is parked for the purpose of making emergency repairs 16_631S� S. 8183 Caretaker. 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 caretaker shall enforce within the park provisions of thi Ordinan a governing the operation and maintenance of trailer parks. I�SO_1014 - S. 8184 Size. Each trailer site in a trailer park shall be not less than one thousand (1,000) 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 existe . ce and la fully operating upon the effective date of this Ordinanc 5'0-(?/� S. 8185 Driveway. No driveway shall be less than fifteen (15) feet in clear and unobstructed width. No driveway shall be less than twenty-two (22) feet in width if parking is to be rovided on one side of the driveway, and not less than thirty (3. feet in width if parking is -to be provided 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 this ordinance, provided that in such trailer parks no driveway shall )la less than fifteen (15) feet in clear and un- -obstructed width. BUILDING BUILDING S . 8191 ARTICLE 819 DANGEROUS BUILDINGS S . 8191 ADOPTION OF UNIFORM BUILDING CODE 1970 EDITION VOLUME IV RELATING TO DANGER0 S BUILDINGS . There is .hereby adopted .by the City Council of the City of Huntington Beach that certain code known as the Uniform Building Code, Volume IV, 1970 edition, and the whole thereof, otHe 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, of Uniform Building Code, Volume III, ousing, 1970 edition, or other- wise available at law, whereby buildings or structures, which from any cause endanger the life, limb, health, morals, property safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished; providing penalties for the viola- tion thereof, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT Section 8191. 1 thereof, 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 50022.2 et seq. of the Government Code of the State of California, and from the date of this ordinance shall take effect and the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (1332, 1629-2/71) S . 8191.1 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 d e, cont ry to or in violation of any of the provisions of this Cod , co Any person, firm, or corporation violating any of the provisions of this Code, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Cod.e is committed, continued, or permitted, and upon conviction of any such violation such person shall be punish- able by a fine of not more than $300.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (1332f- 7/&), S . 8191 . 2 BUILDING BUILDING S . 8191.2 Severability. If any section, subdivision, sentence, clause, phrase, or portion of this article, or any additions or amendments thereto, or the application thereof to any person, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisd.iction, such decision shall not affect the validity of the remaining portions of this article or its applica- tion to other persons . The City Council hereby declares that it would have adopted this article and each section, subdivision, sentence, clause, phrase or portion, and any add.itions or amendments thereto, irrespective of the fact that any one or more sections, subdivision, sentences , clauses , phrases, or portions or the application thereof to any person, be declared. invalid or unconstitutional. (1629-2/71) i BUILDING ELECTRICAL CODE S. 821.1 CHAPTER 82 NATIONAL ELECTRICAL CODE 1520 ARTICLE 821. Adoption of Code 822. ;,Amendments r = ARTICLE 821 ADOPTION OF CODE /SZa 9 G9 S. 8211 ADOPTION OF NATIONAL ELECTRICAL CODE. There is hereby adopted by the City Council of the City of Huntington Beach for the purpose of safeguarding persons and buildings and their contents from .hazards arising from the use of electricity for light, heat, power, radio, signaling and other purposes; providing basic minimum standards for all wiring and electrical equipment installed, used or maintained; requiring a permit and inspection therefor; pro- viding for the administration and enforcement of the standards set forth therein; and prescribing penalties for violations thereof, that certain code known as the National Electrical Code, 1968 edition, compiled by the National Electrical Code Committee under the spon- sorship of the National Fire Protection Association, of which code not less than three (3) copies have' been and are now filed 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 forth fully herein, including all tables, examples, charts, diagrams, ap- pendix thereto and Tentative Interim Amendments No. 146 and 148, subject to amendments and additions hereinafter provided. This chapter may be cited and referred to as the Huntington Beach Electrica Code, ARTICLE 822. /s zd-q�q AMENDMENTS S. 8221 AMENDMENTS: The National Electrical Code is hereby amended by adding the following sections to read as f!/4201�__WO S. 8221.1 Administrative Authority. Wherever the words "Adminis- trative Authority" appear in this code, it shall mean the . Building and Safety Director o he Cit of Huntington Beach, or his duly appointed representativ . a S. 8221.2 ELECTRICAL CODE BUILDING S. 8221.2 Duties of the Administrative Authority. It shall be the duty of the Administrative Authority to enforce all pro- visions of this code. He shall, upon application, grant or deny per- mits 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 ac- complished, is reasonably determined by him to be hazardous or dan- gerous 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 defectively installed. He shall make inspections and reinspections of the installation, main- tenance 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 representative 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 consi�� 91674-10/71) S. 8221.3 Activities Prohibited. It shall be unlawful for the Administrative Authority, or any of his assistants, to engage in the business of, in the sale, installation, or main- tenance of electrical wiring, devices, appliances, or equipment, either directly or indirectly, and they shall have no financial in- terest in any concern engaged in such business within the limits of the City Hunti ton Beach while holding such office as herein pro- vided fo . /5Zo-1 S. 8221.4 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 meth- od of installation or construction or manufacture results in a con- dition 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 re- quired 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 Admin- istrative Authority shall have the authority to disconnect or order the discontinuance of electrical service to said electrical equip- ment, 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 it to be reconnected until notified to do so by the Administrative Authority[ /s (1674 - 10/71) l S. 8221.5 Same. In cases of emergency, where necessary for the safety of persons or property, or where elec- trical equipment may interfere with the work of the Fire Department, the Administrative Authority shall have the authority to discon- nect or cause the disconnection of any electrical equipment immed' tely. iSZo-� i BUILDING ELECTRICAL CODE S. 8221.5.1 I i i S. 8221.5..1 Use of Aluminum Conductors Prohibited. (a) The City Council finds that the acts prohibited by subsection (b) of this section are hazardous or dangerous to persons or property and declares that the public health, safety and welfare_ requires such prohibition. (b.) It shall be unlawful for any person, firm or corporation, either as an owner, architect, contractor, artisan or otherwise, to terminate or to connect to any other conductor, any solid size No. 6 American w' a gauge or smaller aluminum conductor in residential construction branch circuit w ring �41742 - 4/72) . i /SZa � 9i S. 8221.6 Interpretation of Code. In cases where development 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 construction, 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, impracticable, 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 CityCouncil shall within thirty y (30) days from the effective date thereof, have the right to appeal to the Board of Appeals of the City for a review and deter- mination of the reasonableness thereof. The determination of the Board of Appeals shall be final and no further appeal shall b allow y1674 - 10/71, 1750 - 6/72) S. 8221.6.1 Board of Appeals. The Board o 1Appeals, for the purpose of this i article, shall be the Board of Appeal 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 article, shall be as set forth in said Uniform Building Code, Volume I, and shall include without limiting the generality of the foregoing the duty q/ of recommending to the City Council such new legislation as the board deems necessary. �1671 - 10/71) l- S. 8221.7 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 uipment w out first securing a permit therefor from the Administrative Authority. S�,m - EXCEPTIONS: (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 electrical equipment installed by or for an electricity supply agency for the use of such agency in the generation, trans- mission, distribution, or metering of electricity. (d) The installation, alteration, or repair, but not the power supply of electrical equip nt used fo the transmission of communisations, either by radio or by wire. S. 8221.8 ELECTRICAL CODE BUILDING S. 8221.8 Applications for Permits. 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 found that the instal- lation will conform to all legal requirements and if the applicant has complied with the provisions 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 des- cribed 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 in- stallation 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, permit for such equipment or instal- lation shall be denied by the Administrative Au ority, 61674 - 10/71) S2D-�� S. 8221.9 Permit. To Whom Issued. Electric permits shall be issued only to persons who employ a qualified special electrical inspector, qualified and registered the Administrative Authority, to provide continuous inspection of the work to be don /SA p,oj/; EXCEPTION: A special electrical 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 �,S�o_q►/ (4) Personally performs all labor connected with the project. S . 8221.10 Annual Permit. In lieu of any individual permit for each installation or alteration, an annual permit shall, upon application therefor, be issued to any person, firm, or corporation which employs full time, one or more registered special electrical inspectors to supe ise the e ectrical work at premises occupied by said person, firm or corporation. i Silo 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 Administrativ q Authority, a duplicate copy of the record of electrical work performed and secure a permit / 01d- f S. 8221.11 Permit Required. No electrical work for which a permit is required shall be commenced in any build" o on any premises until a permit to do such work shall have first been obtained. fs�d�q�0) S. 8221.12 Temporary Working Permit. hen, in a 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 r s1 e replaced by a regular permit before the final rough inspection can be mad �U 9 S. 8221.13 Permit Nontransferable. A permit granted to one person, firm, or corpor- ation shall not authorize any other person firm, or corporation, except an employee of the permittee, to do any electrical wiri .�SAa-, BUIr.DING ELECTRICAL CODE S . 8221. 14 S . 8221. 14 Expiration of Permit. Every permit shall expire and become null an void for any one or more of the following reasons : (a.) Whenever the electrical wiring authorized by a permit is not com- menced 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 120 days . (c) Whenever the electrical wiring done during any continuous period of 120 days amounts to less than ten percent (10%) of th�� total of the electrical wiring authorized by such permit �jSL0-�q) S . 8221. 15 Revocation and Suspension of Permit. 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 . (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 apl rtain to the sections of this code pertaining to electricity. /S.to- �q � S . 8221. 16 Permits Per Job. Where one person, firm, or corporation has an a.c ive 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 fixt r s will be granted to a second person, firm or corporation .�,S2O_f �, S . 8221. 17 Special Electrical Inspector Defined . A special electrical- inspector is a person who has been found by the Administra.ti-, Authority to be qualified to supervise electrical installations . / Rules for the qualification of special elec ical inspectors shall be determined by the Administrative Authority(,�.s S . 8221. 18 Certificates of Qualification. Fees . The fees for exam- ination, registration, and renew a of certificates of ualification as a special electrical inspector shall be Ten Dollars $10) per year, or any fraction thereof, payable annually in advance and unAess soone- revoked or suspended, shall expire on June 30 each year. S . 8221. 19 ELECTRICAL CODE BUILDING S . 8221. 19 Electrical Sign Contractors . Information Required . Before hanging or installing any electrical sign, it shall be re- quired of an electrical sign contractor, hanging or installing said -sign, to file with the Building and Safety 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 ' .- label number. (c) Purchaser ' s name and address . (d) Location of sign . (e) Number of transformers and total KVA rating of same . S . 8221.20 Final Inspection and Approval. It shall be required that an electrical sign contractor, within ten (10) days notify the Building and Safety Department that the instal ion ha,s 11jeen com- pleted and request a. final inspection and approval. /5-Zo4 S . 8221.21 Failure to Comply. Failure to comply with the provisions of this code or repeated failure to obtain final approval of sign installations shall be deemed suffic ' ent cauze, the Adminis- trative Authority to refuse further permits . /5 Zac, S . 8221.22 Fees . i) S20- Q�,) (a.) The fees specified in this section must be paid to the Administra- tive 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 therefor before com- mencing 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 pro- visions 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 $10 or less 10 More than $10 125 BUILDING ELECTRICAL CODE S. 8221.22 (d ) (d) Before recommencing, proceeding with, or doing any electrical wiring authorized by, but not done before expiration of any such permit, a new permit shall be obtained, and fee therefor shall be one-half the amount required for an original permit for such work, provided that no changes have been made in the original plans and specifica- tions for such work and .provided further that such suspension or abandonment has not exceeded one year. {e) New Construction. (1) Residential: (Single or multifamily. ) Fees listed herein- elow for new construction include, when this formula is applied to the square footage area of the building, all electrical installations : One and one-fourth cents lu¢) per square foot, plus $1.25 for each service meter, plus 2 for permit issuance . One-half cent (0) per square foot for detached or attached garages or carports on the same service. Additional $1.25 for each room where electrical radiant heating is installed in residential new construction. Where underground services are installed, the additional fee for each service shall be $4.50. J (2) Hotels and Motels : Use regular fee schedule in subsection g elow for a 1 areas except garages or carports . Regarding garages or carports, one-half cent (Lo) per square foot for detached or attached garages or carports on the same service shall be charged for hotel and motel occupancies . (3) Commercial Industrial and Assembly Occu ancies : Use regular fee schedule in subsection gbelow: (f.) Alterations, Repairs or Improvements - use regular fee schedule. (g) Ae ular Fee Schedule. Minimum permit issuance fee of $2, plus $5 for 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 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 l S . 8221..22 (g) ELECTRICAL CODE BUILDING Generators, Motors and Transformers: H. P. , K. W. , or K.V.A. Rating of Equipment Up to and including 1 . . . . . . . . . . . . 1.25 Over 1 and not over 5 . . . . . . . . . . . . 2.00 Over 5 and not over 15. . . . . . . . . . . . 3.00 Over 15 and not over 50 . . . . . . . . . . . 4.00 Over 50 and not over 100. . . . . . . . . . . 6.25 Over 100 and not over 500 . . . . . . . . . . 12.00 Over 500. . . . . . . . . . . . . . . . . . 18.75 Outlets : First 20 outlets, each. . . . . . . . . . .25 Each additional outlet. . . . . . . .12 Each 5 ft . or fraction thereof multiple outlet assembly . . . . . . . . . . . . . . .12 Each multiple appliance outlet assembly . . . 1.25 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 20, each. . . . . . . . . . . . . . . . .06 Next 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: 500 lamps or less . . . . . . . . . . . . . . 2.00 Over 500 lamps. . . . . . . . . . . . . . . . 5.00 Each time clock . . . . . . . . . . . . . 1.25 Each building moved to new location . . . . . 5.00 Inspections for which No Fee Herein Prescribed: Each inspection . . . . . . .per hour . 7.00 Minimum charge . . . . . per 2 hour or less. 3.50 BUILDING ELECTRICAL CODE S . 8221.22 (h) A fee of $10 shall be paid for each annual electric 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 accord- ing to the above schedule, at the time when such work is inspected ; these fees shall be in addition to fee paid at time when annual permit is issued . (h) Fees for Additional Inspections : (1) Each permit shall be entitled to one reinspection, without additional chanrge, in addition to the required number of inspections established by the Department of Building and Safety. On jobs which may be completely inspected on one inspection trip, two 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 inspec- tion will be permitted for checking a correction. For the pur- pose 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 . (2) If more inspection trips than specified in paragraph (1) above are required due to the fault or error on the part of the installer or his employees, an additional fee of $5 may be required of the installer for each such additional inspection trip. S . 8221.23 Refunds . The Administrative Authority shall collect such fees as are provided to be paid by this code . He 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 percent (85%) 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 fees have been collected for the same job, in which case one hundeed percent (100%) 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 year has elapsed from the date of the issuance of the permit, or (b) If the work designated in the permit has been commence , /5 S . 8221.24 Change of Contractor or of Ownership. A permit issued here- under shall .expire upon a change of ownership or a change of contractor regarding the building or structure for which said permit was issued if the work thereon has not been completed , and a new permit shall be required for the completion of the work. If the provisions of 8221.22 (e) above are not applicable and if no changes have been made to the plans and specifications last submitted to the Administrative Author- ity, . no charge shall be made for the issuance of the new permit under such circumstances . If, however, changes have been made to the plans and specifications last submitted to the Administrative Authority, a permit fee based upon the valua n of the work to be completed shall be charged to the permit applicant. /520-ay�� S . 8221.25 ELECTRICAL CODE BUILDING S . 8221.25 Right of Entry. The Administrative Authority and assistants shall carry proper credentials of their respective offices, and upon exhibition of which the shall have the right of entry, during usual business hours, to inspec any and a, 1 buildings and premises in the performance of their dutie I52 u q S . 8221.26 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 Author- ity 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 electric service . If, upon inspection, the instal- lation 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, stating the defects which have been found to exist . All defects shall be corrected within ten (10) days after inspection and notification, or wi in .other time as permitted by the Administrative Authority. �S LQ _9/gjeasonable S . 8221.27 Concealed Wiring. When any part of the wiring installation Ts to be hidd.en from view by the permanent placement; of parts of the building, or by burial in the ground, the person, firm or - corporation installing the wiring shall notify the Administrative Author- ity and such parts of the wiring installation shall not be concealed . until they have been inspected and approved by the Administrative Author- ity; provided that on large installations where the concealment of parts of wiring proceeds continuously, the person, firm, or corporation instal- ling the wiring shall give the Administrative Authority due notice and inspections shall be made periodically during the progress of the work. The Administrative Authority shall hav the power to remove, or require the removal of, any obstruction whic preve the proper inspection of any electrical wiring or equipment. S . 8221.28 Inspection. Annual Permits . Whenever practicable, the Administrative Authority shall visit all premises where work has been done under annual permits, and shall inspect all electric wiring, devices, appliances, and equipment installed under such a permit since the date of his last inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the pro- visions of this code after the fee required by this codeghas been pa .15� g S . 8221.29 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 uthority that such wiring devices, appliances, or equipment pare, in a 1 respects, in conformity with all applicable legal provision BUILDING ELECTRICAL CODE S . 8221. 30 S . 8221.30 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 electric wiring, devices, appliances, or equipment which ha.s been dis- connected or ordered to be disconnected by the Administrative Authority, or the use of which ha,s 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 Authorit shall no ify the serving utility of such order to discontinue use . G Z a c/�1 S . 8221. 31 Disconnected Service . Commercial or Industrial. No existing commercial or industrial building whose electrical service ha,s been disconnected shall be reconnected with permanent electrical service until the Administrative Authority ha,s determined that the build- ing does not constitute an safe bui ding, as defined by Section 203 of the Uniform Building CodeQSzU S . 8221 . 32 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 require- ments of this code and of 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 state),-and no p rson shall remove, alter, deface or obliterate any such ma,rkin . Za_��9 S . 8221. 33 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 co.nfor/mit with approved standards of safety to life and property Sip_ 916 a S . 8221.3 Used Materials . Previously used material shall not be reused without the written a,pprova.1 obtained in advance from the Administrative Authorit LSZ0 ��y 822 Nameplates . The maker' s name late trademark or other S . 135 Name p p identification symbol shall be placed on the outside where it is visible at time of inspection on a.11 electrical materials, devices, appliances, fi ings, a.nl equipment used or installed under the provisions of this code . �S Zo- 9�,� S . 8221.36 Wire Sizes . AWG . Wherever 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 actor ng to standard American Wire Gauge specifications, abbreviated as "AWG. ' S zo S . 8221.37 Alterations a,nd Additions . Alterations, a,•dd-itions, exten- sions, or renewal of existing wiring installations slna,ll be made in compliance with the provisions of this code \ /`J-_20 -�/_ r S . 8221. 38 ELECTRICAL CODE BUILDING S . 8221.38 Renewal of Wiring. When a, renewal, due to deterioration or damage, does not exceed fifty percent (5O%) of the area. of an existing building or structure, such renewal ay be in_s�a led in the same wiring method as the existing installati n. ��Zp ale S . 8221. 39 Change of Occupancy. When any building or structure or portion thereof, is placed in a, different occupancy class- ification, those portions directly affected by such occupant change shall be wired in compliance with the provisions of this co e . / SZ o " 716jll� S . 8221.40 Added Load Capacity. Relocated buildings, and existing buildings where additions or alterations occur which re- quire added load capacity, shall be provided with a, new service entrance switch and pa,nel of adequate ca.pa,cit to serve the intended load, but in no ca,se less than sixty (60) a,m ere if wi ch is used or fifty (50) ampere if a. circuit breaker is use /SZ0 S . 8221.41 Outside Work. No open. wiring shall be installed 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 shera.rdized conduit or other approved race- way. This requirement shall apply to all runs to signs, floodlight poles, and to poles supporting festoon lighting. Said festoon lighting may be installed w re necessa y for auto park lighting or outdoor games or similar use S . 8221.42 Sign Service . Signs, individually metered with single- phase loads of less than 3500 wa, s, or no ore than two circuits, may be served by a, two-wire servic . /520- O' S . 8221.43 Service-Metering Equipment. Service-metering equipment shall in no case be install in any )upa,ncy other than the one served by such service equipment . /S a O-�� EXCEPTION: Buildings of multiple occupancy may have all service equip- ment installed in a, meter or equipment room 'n which case each occupant shall have access to such room at all times /S"ZO—�b9 S . 8221.44 Show Window Lighting. At least one (1) switched receptacle shall be installed directly above and next to window for every twenty ( lineal eet of show window or fraction thereof measured along its base . /suy9�`q S . 8221.45 Same . Service Entran Each s rvice entrance shall be grounded independent .`�zoIc S . 8221.46 Same . Service Grounds . Single me er sery rounds shall terminate in the service disconne t _/�Z() 6; S . 8221.47 Same . Accessible Service Ground Clamp. The service ground clamp shall be accessible at all times and shall be acces- sible without the necessity of crawling at the time of rough s.-ection,�Z O IY BUILDING ELECTRICAL CODE S . 8221.48 S . 8221.48 Exit Illumination. All exits shall be lighted as required by otHer applicable city codes . In every apartment house or office building with two (2) or more apart- ments 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 e ress, elevator, public water closet compartment, or toilet room. /0 S . 8221.49 Fire Alarms . (a) Every apartment house three (3) stories or more in height and con- taining more than fifteen ( 15) apartments and every hotel three (3) stories or more 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 simultan- eously. (b) Exclusive Use. No signal system or intercommunicating system used for any purpose other than fire warning iiieets the requirements of this code . (c) Locations . Stations for operating any manually-operated fire alarm system shall be placed immediately adjacent to the telephone switch- board in the building, if there is a switchboard, an at such of er locations as may be required by the fire department 520 S . 8221.50 Branch Circuits . Article 210 of the National Electrical Code 1968 edition, is ereby a ded by amending the following sections to read as follows : / �"2d '��e�. 210-1. SCOPE. The provisions of this article shall apply to branch circuits supplying lighting or appliance loads or combinations of such loads . Where motors or motor-operated appliances are connected to any circuit supplying lighting or other appliance loads the provisions of both this article and Article 430 shall apply. Article 430 shall apply where branch circuit supplies only motor loads . (a) Accessory uses or other buildings, signs, etc . , separately located on the same lot or premises shall have connecting conductors run underground . (Agricultural areas excepted . ) (b) Where spare circuit protective devices are provided, or space for future circuit protective devices are provided on the buss in any flush or semi-flush mounted panel, then raceways of sufficient capac- ity to permit utilization of such spares or spaces shall be provided to an approved accessible locations . Such accessible location is defined as follows : where sufficient attic space is available or underfloor space is available, a raceway shall terminate conveniently for future use in each such space . Where this condition does not exist, then such terminations shall be approved by the electrical inspector. S . 8221.50 ELECTRICAL CODE BUILDING 210.22 RECEPTACLE OUTLETS REQUIRED. Receptacle outlets shall be installed as follows: (a) General. Where portable cords are used, except where the attach- ment of cords by other means is specifically permitted . (b) Dwelling Occupancies . In every kitchen, dining room, breakfast room and bedroom, receptacle outlets shall be installed so that no point along the floor line in any wall space is more than six feet, measured horizontally, from an outlet in that space includ- ing any wall space two (2) feet wide or greater and the wall space occupied by sliding panels in exterior walls . The receptacle out- lets shall, insofar as practicable, be spaced equal distances apart. Receptacle outlets in floor shall not be counted as part of the required number of receptacle outlets unless located close to the wall. At least one (1) outlet shall be installed for the laundry. As limited elsewhere in this code, a maximum of twelve (12) outlets may be installed on any one circuit, and overcurrent protection shall be twenty (20) amperes . Outlets in other sections of the dwelling for special appliances such as laundry equipment, shall be placed within six (6) feet of the intended location of the appliance . (c) Guest rooms in hotels, motels and similar occupancies shall have receptacles installed in accordance with Section 210-22 (b) . (d ) Minimum Wire Size . For the supply of current to general appliance and convenience receptacle circuits, no conductor smaller than No . 12 A.W.G . shall be installed . No convenience receptacle or appliance receptacle shall be installed or operated on a general lighting branch circuit at any time in any occupancy. EXCEPTION: as permitted by Section 210-26 (b) (e) At least one receptacle shall be installed in rooms containing one or more wash basins or lavatories . 210-26 LIGHTING OUTLETS . (a) Each single-family dwelling and each occupancy of a multi-family dwelling shall have not less than one general lighting branch cir- cuit with a maximum of twelve (12) lighting outlets per circuit installed; minimum wire size shall be No. 14 A.W.G. (b) Every room shall have at least one (1) switched general lighting outlet. Living rooms, bedrooms, family rooms and dens may be excepted, provided at least one (1) switched wall receptacle is installed of the "split plug" variety and supplied by a lighting branch circuit and a convenience outlet circuit. NOTE: The intent of the above is to provide two (2) circuits per room. _ BUILDING ELECTRICAL CODE S. 8221.50 (210.26c ) (c) Entrance doorways providing access to the premises from the exterior shall be provided with exterior illumination suitably located . The illuminating source shall be controlled by an interior switch con- veniently located near the doorway. NOTE: The intent of the above is not to provide a, light and switch at every door but only to provide adequate illumination for normal egress and ingress . (d ) In cases where a. door is accessible by a, stairway, . the light shall be controlled by a. three-way switch or time clock. TABLE 220-7 OPTIONAL CALCULATION Load (in K.W. or K.V.A. ) Percent of Load Air conditioning and cooling, including heat pump compressors (see Section 220-4(k) . . . . . . . 100% Central electrical space heating (See Section 220-4(k) . . . . . . . . . . . . . . . . . . . . 100% Less than four (4) separately controlled electrical space heating units (see Section 220-4(k) . . . 100% First 10 K.W. of all other load . . . . . . . . . . . 100% Remainder of other load . . . . . . . . . . . . . . . 4o% 230.44 WIRING METHODS . Service-entrance conductors extending along the exterior or entering buildings or other structures shall be enclosed in rigid conduit, or, for circuits not exceeding 600 volts, in wireways, auxiliary gutters, or as busways . 230-70(a) DISCONNECTION FROM SERVICE CONDUCTORS . A •single main disconnect shall be provided for disconnecting all ungrounded conductors in the building or other structure from the service entrance conductors . (1) All service switches shall be grouped at the nearest readily acces- sible point of entrance of the service - entrance conductors . (2) Not more than one (1) service switch of this group is for the same 'class of service for the same consumer. (3) Where the number of service switches, tapped from the same -set of service conductors, exceeds six (6) , the entire current shall be taken through one main disconnect switch. 230-70(g) This subsection is hereby deleted . 230-71(a) Exception No. 1 is amended to read as follows : EXCEPTION NO. 1. For single-family residences having a floor area of one thousand (1000) square feet or over, or an initial load of 10 K.W. or more, computed in accordance with Section 220-4, the service equipment shall have a rating of not less than one hundred (100) amperes, 240 volt, three (3) wire . S . 8221.50 (24o-16) ELECTRICAL CODE BUILDING 24o-16 LOCATION IN PREMISES . Overcurrent devices shall be located where they will be : (a) Readily accessible, except as provided in Section 230-91 and 230-92 for service equipment and Section 364-11 for busways . (b) Not exposed to physical damage . (c) Not in the vicinity of easily ignitible materials . (d ) Branch circuit protective devices shall be installed in and for each occupancy. EXCEPTION NO. 1. When remodeling existing occupancies, if changed to a, different classification, as defined by "Table of Groups of Occupancy, " then the said protective devices may be located at one central point . EXCEPTION NO. 2 . Branch circuit protective devices for single- family residence . NOTE: Nothing contained in this code shall be deemed or construed to permit the installation of any electrical device outlet or cir- cuit in any occupancy, the control of which is not accessible to the occupant at all times . No parts of any circuit shall supply electri- cal energy to more than one occupancy. 250-83 N!ADE ELECTRODES . Where electrodes described in Section 250-81 and 250-82 are not available, the ground electrode shall consist of: A No . 4 steel reinforcing bar, or an approved equal, a minimum of twenty (20) feet long_ embed.ded in the building concrete perimeter foundation. The bar shall be located in the bottom of the footing with a minimum concrete covering of three (3) inches, measured from the underside . One of the bar shall extend out of the foundation adjacent to the equipment to be grounded to permit the grounding conductor to be secured by an approved method . EXCEPTION: Where the above method is not practical, the following electrodes may be used upon approval of the Administrative Authority: (a) Plate Electrodes . Each plate electrode shall present not less than two 2 square feet of surface to exterior soil. Electrodes of iron or steel plates shall be at least one-fourth (,—�) inch in thickness . Electrodes of nonferrous metal shall be at least 0.06 inch in thick- ness . (b) Pipe Electrodes . Electrodes of pipe or conduit shall be not smaller than of the three-fourths (3/4) inch trade size and where of iron or steel, shall have the outer surface galvanized or otherwise metal coated for corrosion protection. (c) Rod Electrodes . Electrodes of rods of steel or iron shall be at least five-eighths (5/8) inch in diameter. Approved rods of non- ferrous materials or their approved equivalent used for electrodes shall be not less than one-half (2) inch in diameter. BUILDING ELECTRICAL CODE S . 8221.51 S . 8221.51 Conductors for General Wiring. Article 310 of the National Electrical Code, 1968 editi � , is hereby amended by amending the following section to read as follows : � 310-1(a) General. The maximum current-carrying capacity of con- tD ductors for new work shall be limited to the values shown in Tables 310-12 through 310-15 under the 75 degree centigrade column heading. Higher temperature ratings may be permitted for rewiring or special installations only when specifically approved by the Administrative Authority. S 8221.52 Metal-Clad Cable . Article 334 of the National Electrical Code, 19 editio is hereby mended by amending the follow- ing section to read as follow : y Zo-9/7 334-6 USE. Except where otherwise specified in this code, and where not subject to physical damage, metal-clad cable may be installed for branch circuits and feeders in concealed work as follows : (a) Type MC. This type of power cable may be used in partially protected areas, such as in continuous rigid cable supports and the like in dry locations and when any of the following conditions are met, it may be used in wet locations : 1 The metallic covering is impervious to moisture . 2 A lead sheath or moisture impervious jacket is provided under the metal covering. (3) The insulated conductors under the metallic covering are approved for use in wet locations . (See Section 300-5.) (b) Type AC . Metal-clad cable of the AC type may be used in dry loca- tions; for under plaster extensions as provided in Article 344; and embedded in plaster finish on brick or other masonry, except in damp or wet locations . This cable may be run or fished in the air voids of masonry block or the walls; where such walls are exposed or subject to excessive moisture or dampness or are below grade line, Type ACL cable shall be used . This cable shall contain lead-covered conductors (Type ACL) , if used where exposed to the weather or to continuous moisture, for underground runs and embedded in masonry, concrete or fill in buildings in course of construction, or where exposed to oil, or other conditions having a, deteriorating effect on the insulation . Type AC metal-clad cable shall not be used where prohibited elsewhere in this code, including ( 1) in theatres, except as provided in Section 520-4; (2) in motion picture 'studios; (3) in any hazardous locations; (4) where exposed to corrosive fumes or vapors or to weather; (5) on cranes or hoists, except as provided in Section 610-11, Exception No. 3; (6) in storage battery rooms; (7) in hoistways or on elevators, except as provided in Section 620-21; or (8) commercial garages where prohibited in Article 511; (9) Type AC or ACL metal-clad cable may only be used in. single-family and duplex dwellings and their accessory buildings . S . 8221.53 ELECTRICAL CODE BUILDING S . 8221.53 Nonmetallic Sheathed Cable . Article 336 of the National Electieal Code, l9bb edition, is amended as follows : 336-3 USE. Nonmetallic-sheathed cable shall not be used for exposed wiring and shall only be used for concealed wiring on single family or duplex dwellings as follows: (a) Type NM. This type of nonmetallic-sheathed cable may be installed for concealed work in normally dry locations . It may be installed or fished. in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness . Type NM cable shall not be installed where exposed to corrosive fumes or vapors; nor shall it be embedded in masonry or concrete and covered with plaster of similar finish. (b) Moisture and Corrosion-resistant Type NMC. This type of nonmetallic- sheathed cable may be installed for concealed work in dry, moist, damp or corrosive locations, and in outside and in side walls of masonry block or tile . Where embedded in plaster or run in shallow chase in masonry walls and covered with plaster within two (2) inches of the finished surface, it shall be protected against damage from nails by a cover of corrosion-resistant-coated steel at least one- sixteenth (1/16) inch in thickness and three-fourths (3/4) inches wide in the chase or under the final surface finish. 6-6 Subsections (a) and (b) are hereby deleted . /520—°14 S . 8 1.54 igid Metal Conduit . Article 346 of the National Electrical Code, l9bb edition, is amended as follows : 346-1. USE. Rigid metal conduit may be used under all atmospheric conditions and occupancies, except that ferrous raceways and fittings protected from corrosion solely. by enamel may be used only ind.00rs and in occupancies not subject to severe corrosive influences . Where practicable, dissimilar metals in contact anywhere in the system shall be avoided to eliminate the possibility of galvanic action . (See Section 300-5 for limitation in the use of ferrous raceways and fittings protected from corrosion solely by enamel. ) Unless made of a, material judged suitable for the condition, or unless corrosion protection approved for the condition is provided, ferrous or nonferrous metallic conduit, elbows, couplings, and fittings shall not be installed it concrete or in direct contact with the earth, or in areas subject to severe corrosive influences . Rigid metal conduit installed underground shall be buried a, minimum f one (l foot under grade level unless protected by an approved method . �;�20_,m S . 8221.55 Electrical Metallic Tubing. Article 348 of the National Electrical Code, l9bb edition, is hereby amended to read as follows : 348-1 . USE. Electrical metallic tubing may be used for both exposed and concealed work. Electrical metallic tubing protected from corrosion solely by enamel shall not be used . Electrical metallic tubing shall not be used (1) where during installation or afterwards, it will be subject to severe physical damage; (2) for installation under- ground , in concrete, or where exposed to the weather, or excessive mois- ture . Where practicable, the use of dissimilar metals throughout the system shall be avoided to eliminate the possibility of galvanic action . (See Section 300-5 for limitation in the use of ferirous ra,c_e3a s and fittings protected from corrosion solely by enamel. J5.2n—'j�� BUILDING ELECTRICAL CODE S . 8221 .56 S . 8221 .56 Flexible Metal Conduit . Article 350 of the National Electrical Code, 19 edition, is amended to read as follows : 350-2 . USE. Flexible metal conduit shall not be used (1) in wet locations , unless conductors are of the lead covered type or of other type specifically approved for the conditions; (2) in hoistways, except as provided in Section 260-21; (3) in storage battery rooms; (4) in any hazardous location except as permitted in Section 501-4 (b) , 502-4 and 503-3; nor (5) where rubber-covered conductors are exposed to oil, gasoline, or other materials having a. deteriorating effect on rubber; (6) for installation underground , exposed to the weather, embedded in masonry, concrete, obe, pla.st or similar finish; (7) where exposed to physical damage . , 5-2 0_01h17 S . 8221.57 Lighting Fixtures, La.mpholders, Lamps, Receptacles and Rosettes . Article 410 of the National Electrical Code, 1968 edition, is amended to read as follows: 410 .8 . FIXTURES IN CLOTHES CLOSETS (c) All lighting outlets shall be operated by a. wall or door switch (no pull-chain-lighting fixtures permitted . ) 410-29. FIXTURE RATING . (a) All fixtures requiring ballasts or transformers shall be plainly marked with their electrical rating and the manufacturer ' s name, trademark or other suitable means of identification . (b) The electrical rating shall include the voltage and frequency, and shall indicate the current rating of the unit including the ballast, transformer or auto transformer. (c) No such equipment shall be inst , ed in w ch the power factor is less than ninety percent (90y) �/Gy S . 8221.58 Appliances . Article 422 of the National Electrical Code, l9bb edition, is hereby amended as follows : 422-2. BRANCH CIRCUIT REQUIREMENTS . Every appliance shall be supplied by a. branch circuit of one of the types specified in Article 210. Motor-operated appliances shall also conform to the requirements of .Article 430. In every dwelling unit fixed appliances, such as food grinders, dish- washers, washing machines, dryers, laundry tray locations, built-in refrigerators, built-in freezers, furnaces, air conditioners and built-in heaters, or any other fixed appliances. with motors 4 H.P. or larger shall be on a, separate branch circuit supplied by a, minimum No. 12 A.W.G. wire . Each dwelling unit shall have installed therein an individual food waste- grinder branch circuit . . Said circuit shall be supplied with a. minimum No. 12 A.W.G . wire and a fifteen (15) ampere indicating type switch. Said switch shall be located in the wall adjacent to the sink. Food waste grinders shall be wired with a, minimum of No . 16 A.W.G. three-wire S .P.T. -3 thermoplastic hard finish cord or equal and an approved ground- ing type, cord-grip cap must be used . S . 8221.58 (422-40) ELECTRICAL CODE BUILDING 422-40. GENERAL. (a.) Equipment for use with electrical space heating system shall be of a, type approved for such service . (b) In addition to complying with the general requirements for appli- CD ances, such equipment shall comply with Part E of this article . (c ) The special provisions of this article shall apply to electrically- energized units, panels and cables for space heating . They shall also include central heating systems employing electrical heating units . (d ) Electrical space heating systems employing methods of installation other than covered by Part E of this Artacle may be used only by special permission . (e) Approved recess ceiling heaters using not more than one (1) 250- watt infrared lamp may be installed on a. lighting branch circuit by reducing the allowable number of lighting outlets by two (2) , for each single-lamp device used . However, not more than two (2) such devices shall be connected to any one ( 1) lighting branch circuit . Any number of multiple lamp and single-lamp heaters, the total wattage not exceeding 1500 watts or the t tal number of 250-wa.tt lamps not exceeding sixCay be conn ted to a, separate twenty (20) ampere branch c ircu `S Zo- S . 8221.59 Residential Storage Garages . Article. 512 o the National Electrical Code, l9bb edition, is hereby amended by adding subsection "A" to Section 512 to read as follows : 512-A. GENERAL. Garages or carports accessory to dwel- ling units shall be wired with a, minimum of one (1) switched-light outlet, and one .(1) receptacle per each two (2) auto stalls and/or fraction thereof . Said wiring, if exposed , shall be in approved metal raceways . All wiring to detached accessory buildings shall be run underground . EXCEPTION: Group H Occupancy, receptacle may be o ittedo . l Sz S . 8221.60 Electrical Signs and Outline Lighting. Article 600 of the Na, Tonal Electrical Code, 19 edition, is amended to read as follows : 600-1. SCOPE. The provisions of this article shall apply to the installation of conductors and equipment for electric signs and outline lighting, as defined in Article 100. A sign circuit shall be provided and installed to an accessible location at the front of all commercial and store buildings. BUILDING ELECTRICAL CODE S. 8221.60 (600-2a 600-2(a) DISCONNECTING MEANS REQUIRED. An accessible dis- connecting means consisting of one or more plug fuses, or a suitable ;witch shall be installed in or on each fixed sign and in or on a transformer enclosure of each electric discharge .outline lighting sys- tem to provide means for disconnecting all ungrounded conductors supplying such equipment. (b) Signs individually metered with single-phase loads of less than 3500 watts or not -re than o (2) circuits may be served by a two-wire service. 7/6 zv-9�9 S. 8221.61 The National. Electrical Code, 1968 edition, is hereby amended by adding thereto dia ram entit e , "Electrical Service Grounding and Bonding Requirements. ' �S l p_ Y4y S. .8331.63 Severability. If any section, subsection, sentence,. clause, phrase, or portion of this code, for any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent. juris- diction, such decision shall not affect the validity of the remaining portions of this code, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsectionsp . clauses, phrases, portions or any future amendments or additions thereto be .declared invalid or unconstitut''ona_l. (1742 - 4/72) i ELECTRICAL SERVICE GROUNDING AND BONDING REQUIREMENTS Approved by the Southwestern Section International Association of Electrical Inspectors CONCRETE FOUNDATION 20 FT. OR MORE OF #4 BARE COPPER CONDUCTOR (OR LARGER) BELOW THE VAPOR BARRIER AND ABOUT 3 IN. ABOVE THE BASE OF THE FOOTING. SERVICE DISCONNECT IF NEUTRAL TERMINAL IS INSULATED FROM THE CAN, INSTALL A BONDING JUMPER OR SCREW. BOND AS PER N.E.C. SECTION 250-81 SEE N.E.C. OR LOCAL REGULATIONS FOR PROTECTION OF THE GROUNDING CONDUCTOR. ELECTRODE AT THIS POINT SHALL BE WITHIN THE FRAME AND GROUNDED TO THE INTERIOR COLD WATER SYSTEM OF THE BUILDING. -A. Q A � h CONCRETE 1-1RETE/FOUNDATION q�� � 4 8� GRADE /( i/ 'A X / X e #4 OR LARGER, BARE COPPER CONDUCTOR — 20 FT. OR MORE ` P APPROX. 3 IN.— / ^ rJ 4 � NOTE: 20 Ft. of #4 reinforcing steel or 20 Ft. of 3/4 inch galvanized steel rigid pipe may be used in lieu of copper conductor, when approved by local inspection authorities. UFER GROUND Section 8221 .61, Huntington Beach Ordinance Code BUILDING ELECTRICAL CODE S . 8221.62 S . 8221.62 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 con- vert, 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 . Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a, fine of not more than Five Hundred Dollars ($500) or by imprisonment in jail for a, period not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, or corporation shall be deemed guilty of a, separate offense for each day or portion thereof during which any viola- tion of the provisions of this cod.e is committed, continued or permitted by such person, fir , or cor ation, and shall be punishable therefor as herein provided . J S? a - 40 S . 8221.63 . Severa,bility. If any section, subsection, sentence, clause, phrase or portion of this code 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 . The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub- sections, .cla es, phrases r portions be declared invalid or uncon- stitutional. l S 2-O ,�/� BUILDING UNIFORM MECHANICAL CODE S . 8311 CHAPTER 83 UNIFORM MECHANICAL CODE Article 831. Adoption of the Uniform Mechanical Code (Uniform Building Code, Volume II, 1970 Edition) ARTICLE 831 ADOPTION OF THE UNIFORM MECHANICAL CODE UNIFORM. BUILDING CODE VOL. II. 1970..EDITION S S . 8311 ADOPTION OF THE UNIFORM MECHANICAL CODE UNIFORM BUILDING CODE VOLUME II 1970 EDITION) . There is hereby adopted by the City Council of the City of Hunting on Beach 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 , and requiring a permit and inspection for the installation, alteration and replacement of said equipment, providing for the administration and enforcement of such requirements and prescribing penalties for violations thereof, the Uniform Mechanical Code, being Volume II of the Uniform Building Code 1970 edition, compiled by the International Association of Plumbing and Mechanical Officials and International Conference of Build.ing Officials, and repealing all ordinances and parts of ordinances in conflict there- with EXCEPT Sections 8313 and 8314 thereof, by reference, of which code not less than three (3) copies have been and now are filed in the office of the City Clerk of the City of Huntington Beach, and. the same and the whole thereof, including the appendix of the Uniform Mechanical Code standards and fees specified therein, is hereby 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 of this ordinance shall take effect and the provisions thereof shall be co rolling within the rporate limits of the City of Huntington Beach. / TLeFr-S/I$% 2 �Wj S . 8312 PERMIT FEES . Section 304 of the Uniform Mechanical Code, 1970 - edition, is hereby amended by ad.ding thereto the follow- ing words and figures: NEW CONSTRUCTION, RESIDENTIAL, SINGLE OF MULTI-FAMILY. Every applicant for a permit to install, add. to, alter, relocate _or. replace a hearing system, appliances , comfort-cooling system or any part thereof, 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 information pertinent thereto as may be required . Such applicant shall pay for each permit, at the time of insurance, a fee in accordance with the above schedule, and at the rate provided for each classification shown therein. S . 8312 UNIFORM MECHANICAL CODE BUILDING Fees for new construction, resid.ential,. single or multi-family, including all heating and comfort-cooling installations, shall be determined by applying the following formula to the square footage of the area. FORMULA: one-half cent (0) per square foot of dwelling area -plus $3 for each permit. Where duct work is being done under se arate contract then the permit fee for duct work shall be One Dollar 31) for residential unit plus Three Dollars ($3) for each permit . Fees for special inspection or investigation to determine code compliance on any items in the above schedule shall be charged per hour, or fraction thereof, at the rate of Five Dollars ($5) per hour. The fees for any installation for which a permit is required but for which no fee is herein provided, shall be based on the valuation of the proposed work and shall be as stated in Table 3A of the Uniform Building Code, 1970 edition, as amended . The fee for plan checking shall be one-fourth (4) of total hearing and comfort-cooling permit and shall be paid at the time the plans are submitted to the Building Official. Any person who shall commence any warm-air heating, ventilation, comfort-cooling work or refrigeration for which a permit is required by this code without first having obtained a permit therefor, if sub- sequently permitted to obtain a permit, shall pay double the permit fee fixed by this section for such work, with an additional charge of Ten Dollars ($10) . 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, shall pay a double fee as herein pro- vided. with an additional charge of Ten Dollars ($10) . REFUND OF FEES . When construction authorized by a permit is not begun and no inspections have been made, the Director of Building and Safety shall, upon written request from the permittee, make refund of fees subject to the following limitations: No refund of fees shall be made of the basic permit fee cost of Three Dollars ($3) . No refund of fees or any part thereof _shall be made unless application for refund sha r be made within n1 days from the date of issuance of such permi I BUILDING UNIFORM MECHANICAL CODE S.. 8313 PENALTY, It shall be unlawful for any person to install, enlarge , alter, reconstruct, equip, repair, use or :maintain -any heating, ventilating, comfort-cooling or refrigeration system in the -city or cause same to be done contrary to or -in violation of any of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed .guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Six Hundred Dollars or by. imprisonment -in the county jail for a period of not more than one year or -by both such fine -and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate . offense for each day or portion thereof during -.which any violations of the provisions of this ordinance is committed, continued or permitted by such person, f' — or cor ation and shall be punishable therefor as herein .provided. yto ;f J y S . 8314 SEVERABILITY, If any section, subsection, sentence , clause or -phrase of this chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The -City Council hereby declares that it would have adopted and .passed this chapter . and each section, subsection, sentence , clause orfphrase thereof _ irrespective of the fact that one or more sections , . sen knees, clauses or phrases be declared unconstitutional or voi 171 1 i . BUILDING UNIFORM PLUMBING CODE S . 8411 CHAPTER 84 UNIFORM PLUMBING CODE Article 841. Adoption of the Uniform Plurribing Code 1970 Edition ARTICLE 841 ADOPTION OF THE ' UNIFORM PLUMBING CODE 1970 EDITION 09, 1 30-2 71 S . 8411 ADOPTION OF THE UNIFORM PLUMBING CODE 1970 EDITION. The City of Huntington.Beach does . hereby adopt and incorporate that certain code known as the Uniform Plumbing Code, compiled by the International Association of Plumbing and MechanicaT Officials, being particularly the 1970 edition thereof, and the whole thereof including the appendices thereto, and repealing all ordinances and parts of ordinances in conflict therewith EXCEPT the following sections: 8412 8412. 3 8412. 1 8414 8412.2 8415 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 as fully as though set out at length herein for the purpose of prescribing regulations governing installation and maintenance of plumbing and drainage systems , and the qualifications and registration of persons engaged in the plumbing business . From the date on which this ordinance takes effect, the provisions of said code, together with amendments thereto, shall be co rolling within thQ corporate limits of the City of Huntington Beach /qol _!/wd` S . 8412 DEFINITIONS . As used in this chapter, the following words and . phrases , unless therwis 1 dicated from the context, shall have the following meanin s 1407-%76�3 S . 8412.1 Administrative Authority shall mean the Direl/ctor of Building and Safety or his authorized representative ( S . 8412.2 Assistants shall mean the deputy inspecto S . 8412.3 Department Having Jurisdiction shall mean, unless othe "ise provided by. law, the Department of Building and Safet . /oyw S . 8413 AMENDMENTS . The Uniform Plumbing Code, 1970 edition, is ereby amended and changed in the fol wing espects: 1 S . 8413. 1 UNIFORM PLUMBING CODE BUILDING S . 8413 . 1 Fees . Section 1. 12 is hereby-amended by addinf; thereto - the following paragraphs: 1. 12. Applicant shall pay for each permit, at the time of issuance, one cent (10) per square foot of total dwelling and garage area plus the applicable fees in the following schedule, and at the rate provided for each classification shown therein: SCHEDULE OF FEES Forissuing each permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 .00 In add.ition 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 on one to five (5) outlets . 1.50 For each gas piping system of six �1� 6 or more, . 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 I` For repair or alteration of drainage or vent piping . . . . . . . 1.50 For each lawn sprinkler system 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 Overfive (5) , each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Gas meter (for each separately metered unit) . . . . . . . . . . . . . . 1.00 Fees listed herein for residential construction include all plumbing installations inside the structure . The fee for any plumb- ing installation for which a permit 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 3A, Uniform Building Code, 1970 edition, as amended.. The plan-checking fee shall be equal to one-fourth (4) of the total plumbing permit fee and shall be paid to the Administrative Authority at the time of submitting plans and specifications for checking. REFUND OF FEES . When construction authorized by a permit is not begun and no inspections have been made, the Director of Building and. Safety shall, upon written request from the permittee, make refund of fees subject to the following limitations: BUILDING UNIFORM PLUMBING CODE S . 8414 No refund of fees shall be made of the basic permit fee cost of Two Dollars ($2) . t No refund of fees or any part thereof shall be made unless applica- tion for refund shall be made within 120 days from date of issuance of such permit . S . 8414 PENALTY. It shall be unlawful for any person to install, enlarge, alter, reconstruct, equip, repair, use or maintain any plumbing or drainage system in the city or cause same to be done contrary to or in violation of any of the provisions of this chapter . Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Six Hundred Dollars or by imprisonment in the county jail for a period of not more than one year, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed , continued or permitted by such persons, firm or corporation and shall be punishable therefor as herein provided . .-)" S . 8415 SEVERABILITY. If any section, subsection, sentence , clause or phrase of this chapter is for any reason held to be un- constitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted and passed this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any or more sections , sentences , clauses or phrases by declared unconstitutional or void . ;