HomeMy WebLinkAboutCurfew - Ordinance 3865 - Amends Chapter 9.68 of HBMC - Adop Huntington Beach Independent has been adjudged a newspaper of general
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Court of Orange County,State of California,under date of Aug.24, 1994,case
A50479.
PROOF OF
PUBLICATION
STATE OF CALIFORNIA )
SS. CITY OF'
---
COUNTY OF ORANGE HUNTINGTON BEACH'
LEGAL NOTICE
ORDINANCE NO..3865
am the Citizen of the United States and a J►d°pco��on" '
FEBRUARY 16,2010'
resident of the County aforesaid; I am over "AN ORDINANCE OF.THE.:!
CITY OF HUNTINGTON;
the age of eighteen years, and not a party BEACH`,AMENDING,:
CHAPTER '9.68 OF THE
to or Interested In the below entitled matter. ( HUNTINGTON BEACH-
I am a principal clerk of the HUNTINGTON NGTIOIPAL CUR EWERELAT
SYNOPSIS:
BEACH INDEPENDENT, a newspaper of THE MODIFICATIONS TO'
CHAPTER 9.68 OF 'THE;'
general circulation, printed and published in HUNTINGTON BEACH;
�+
g MUNICIPAL CODE WILL
the City of Huntington Beach, County of MAKE THE. EXISTING ;
CURFEW ORDINANCE '
' '
Orange State of California and the i CONSISTENT;WITH.OUR,
C U,R R,EA T E N
attached Notice is a true and complete copy I FORCEMENT PRACTICES,;,
WHICH ARE MUCH.MORE, ,
as was printed and published on the STREAMLINED,AND EF'` "
following date(s): INCIOR R WELL ,EL-1.
.INCORPORATE SOME'"
WORKING CHANGES.
THAT .COMPLY,WITH
CURRENT,CASE LAW. -
PASSED AND ADOPTED
by the.City Council of
the.City.,of Huntington
Beach at a,regular meet-
ing held' February 16,
February 25, 2010 2010 by the following,,;
roll'call vote:
AYES: Carchio,`Coerper;'�
Hardy, Green,;r,Bohr;-
Dwyer,Hansen
NOES:None.
ABSTAIN:None wi�;
ABSENT:None
THE FULL,TEXT OF THE^
I declare, under penalty of perjury, that the ORDINANCE IS,AVAIL.
ABLE 1N THE CITY-'
foregoing is true and correct. CLERK'S OFFICE.
This ordinance Is,effec='
five 30 days after'a+
adoption:,
CITY OF
Executed on February25, 2010 H2000 MAIN STREET
UNTINGTON BEACH
HUNTINGTON BEACH,,
at Costa Mesa, California CA92648
714-536-5227
JOAN L.FLYNN, ,+i
CITY CLERK,. ;
r Published, Huntington','
Beach Independent Feb
cuary 25,2010
i 024-347
Signatur �~
PROVL-71 )::bp— 1A-)7)P-ob(xe( CAJ - �T�2oau�a ot�l /ao /0
Council/Agency Meeting Held: 1 - 9 -d010
Deferred/Continued to'
)d,Ap5oveq ❑ Conditionally Approved ❑ Denied City Jerk' ignature
Council Meeting Date: 1/19/2010 Department ID Number: PD-10-001
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COU L MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINIST
PREPARED BY: KENNETH W. SMALL, CHIEF OF PO CE I
SUBJECT: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.68 OF THE HUNTINGTON BEACH
MUNICPAL CODE RELATING TO CURFEW
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Submitted for City Council consideration to amend the Curfew
ordinance to comport with current enforcement practices.
Funding Source: Not Applicable.
Recommended Action: Motion to:
Adopt Ordinance # 3865 , which is an amendment to An Ordinance of the City of
Huntington Beach Amending Chapter 9.68 of the Huntington Beach Municipal Code Relating
to Curfew.
Alternative Action(s): Do not approve the amendments and direct staff accordingly.
C;�
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/19/2010 DEPARTMENT ID NUMBER: PD-10-001
Analysis: In 1995, Chapter 9.68 of the Huntington Beach Municipal Code (Curfew) was
modified with the addition of section 9.68.080 which provided the ability for the Police
Department to recover their costs related to the enforcement of the curfew ordinance under
certain circumstances. This approach was necessitated by a growing problem with minors
loitering in the downtown area which began to require the commitment of an inordinate
amount of the Police Department's resources to effectively control. Our enforcement
efforts were often encountering repeat offenders and uncooperative parents.
With the ability to recover our costs from the parents of repeat curfew violators, our
enforcement efforts became more successful and the problem with minors unlawfully
loitering was dramatically reduced to the point it has rarely been a problem requiring
extraordinary enforcement operations to control.
In 1998, Chapter 1.18 (Administrative Citations) was added to the Huntington Beach
Municipal Code which provided the ability to issue Administrative or Civil Citations for
violations such as curfew. This new process allowed us to address curfew violators in a
much more streamlined way which doesn't require such a labor intensive process to
recover our costs related to curfew enforcement.
With the recent popularity of the Bella Terra Shopping Center, we have noticed a resurgent
problem with a large number of curfew violators. Increased curfew enforcement caused
the Police Department to review our curfew ordinance. This review revealed some
discrepancies between the existing ordinance, which was last modified in 1995, and our
current enforcement strategy of using the Administrative Citation Process which was added
in 1998.
The proposed modifications will make the existing Curfew Ordinance consistent with our
current enforcement practices which are much more streamlined and effective as well as
incorporate some wording changes that comply with current case law.
Strategic Plan Goal: Maintain Public Safety
Environmental Status: None
Attachment(s):
Pagd,N'urfiber No. s o
1. Ordinance # 3865 , which is AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING CHAPTER 9.68 OF THE
HUNTINGTON BEACH MUNICIAPAL CODE RELATING TO
CURFEW.
-2- 12/24/2009 10:41 AM
ATTACHMENT # 1
ORDINANCE NO. 3865
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.68 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO CURFEW
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 9.68.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.68.010 Definitions. For the purposes of this chapter,the following words and phrases shall
have the meaning hereafter set forth unless a different meaning is clearly intended from the
context in which such word or phrase is used. Any word or phrase not herein defined shall have
the meaning attributed to it in ordinary usage.
Emergency Means an unforeseen combination of circumstances or the resulting state
that calls for immediate action. The term includes, but is not limited to,a
fire, a natural disaster, an automobile accident, or any situation requiring
immediate action to prevent serious bodily injury or loss of life.
Establishment Means any privately owned place of business operated for a profit to
which.the public is invited, including but not limited to any place of
amusement or entertainment.
Guardian (a) Means a person who, under court order, is the guardian of the person
of a minor; or
(b) a public or private agency with whom the minor has been placed by a
court.
Minor
(Juvenile) Means any person under the age of eighteen (18) years of age.
Officer Means a police officer, deputy sheriff, or other law enforcement agency
officer.
Operator Means an individual, firm, association, partnership, or corporation
operating, managing or conducting any establishment. The term includes
the members or partners of an association or partnership and officers of a
corporation.
Parent Means a person who is:
(a) a natural parent, adopting parent, or step-parent of another person; or
(b) a person at least eighteen (18) years of age and authorized in writing
by a parent or guardian to have the care and custody of a minor.
09-2223/41321 1
Ordinance No. 3865
Public Place Means any place to which the public or a substantial group of the public
has access and includes, but not limited to, streets,highways, and common
areas of schools,hospitals, apartment houses, office buildings, transport
facilities, theaters, game rooms, shops, shopping malls or any other place
for the sale of merchandise and business.
Street Means a way or place, of whatever nature, open to the use of the public as
a matter of right for purpose of vehicular travel or in the case of a
sidewalk thereof for pedestrian travel. The term"street" includes the legal
right-of-way, including but not limited to the traffic lanes, curb, sidewalk,
whether paved or unpaved, and any grass plots or other grounds found
within the legal right-of-way of a street. The term"street" applies
irrespective of what the legal right-of-way is formally named or called,
whether alley, avenue,court,road or otherwise.
Remain Means to:
(a) linger or stay; or
(b) fail to leave premises when requested to do so by an officer or the
owner, operator, or other person in control of the premises.
SECTION 2. Section 9.68.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.68.030 Responsibility of Parents. A parent or guardian of a minor commits a
misdemeanor if he/she knowingly permits or allows the minor to remain, walk, run,
stand, drive or ride about in or upon any public place or on the premises of any
establishment open to the general public within the city during curfew hours
unaccompanied by parent or guardian.
SECTION 3. Section 9.68.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.68.060 Enforcement.
1. Every law enforcement officer is authorized and empowered to demand from any
person whom he or she has reasonable cause to believe comes within the provisions
of this chapter and who remains, walks,runs, stands, drives or rides about in or upon
any public place or on the premises of any establishment within the city, without his
or her parents or guardian, during curfew hours, that such person give his or her
name, address and parents or guardian, names, and furnish proof of his or her age or
proof that he or she is upon an emergency errand or legitimate business directed by
his or her parents or guardian.
2. Juveniles who are found to be in violation of the curfew ordinance may be issued a
Municipal Court or administrative citation and/or taken into custody and transported
to:
(a) Huntington Beach Police Department;
09-2223/41321 2
Ordinance No. 3865
(b) Juvenile's residence if it is nearby and a parent or guardian will be available to
take custody of the juvenile; or
(c) Release in the field at the officers discretion- if placement or parental contact
cannot be made, or parent refuses assistance.
3. A parent or guardian who knowingly permits a minor over whom he or she has
control to violate this ordinance, shall be subject to the provisions of Section 272 of
the California Penal Code and may be charged with violating the Penal Code
provision.
SECTION 4. Section 9.68.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.68.070 Parents to take custody of minor. If a minor taken into custody is a minor
coming within the provisions of this chapter,any such law enforcement officer is
authorized and empowered to request_the parents, guardian or other adult person having
the care and custody of such minor that they take custody of the minor. Refusal on the
part of the parent or guardian to accept a minor for whom the parent or guardian is
responsible, shall be a MISDEMEANOR.
SECTION 5. Section 9.68.080 of the Huntington Beach Municipal Code is
hereby deleted in its entirety.
SECTION 6. Section 9.68.090 of the Huntington Beach Municipal Code is
hereby deleted in its entirety.
SECTION 7. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of February , 2010 .
M
ATTEST: APPROVED AS TO FORM:
'CA
City Clerk Ci y Attorney 0\ao 2-0ko
REVI D APPROVED: INITIATED AND APPROVED:
C' Adkinistrator Chief of Police
09-2223/41321 3
Orel. No. 3865
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on February 1,2010, and was again read to said City Council at a
regular meeting thereof held on February 16,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on February 25,2010.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk C Clerk and ex-officio gerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
KEY
INSERTIONS: Double underline
DELETIONS &Iri u l}
Ordinance No. 3865
LEGISLATIVE DRAFT
Chapter 9.68
CURFEW
(480-5/44, Urg. Ord.486-7/45, 3282-6/95, 3475-10/00)
Sections-
9.68.010 Definitions
9.68.020 Curfew-Prohibited conduct
9.68.030 Responsibility of Parents
9.68.040 Responsibility of establishments
9.68.050 Exceptions
9.68.060 Enforcement
9.68.070 Parents to take minor home
9.68.080 Civil penalties for failure to control minor
9.68.090 Hearing
9.68.100 Remedy cumulative
9.68.110 Nuisance
9.68.120 Severability
9.68.010 Definitions. (3282-6/95) For the purposes of this chapter,the following words and phrases
shall have the meaning hereafter set forth unless a different meaning is clearly intended from the context
in which such word or phrase is used Any word or-phrase not herein defined shall have the meaning
attributed to it in ordinary usage.
Emergency Means an unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term includes, but is not limited to, a fire, a natural
disaster, an automobile accident, or any situation requiring immediate action to
prevent serious bodily injury or loss of life. (3282-6/95)
Establishment Means any privately owned place of business operated for a profit to which the
public is invited, including but not limited to any place of amusement or
entertainment. (3282-6/95)
Guardian (a) Means a person who, under court order, is the guardian of the person of a
minor; or (3282-6/95)
(b) a public or private agency with whom the minor has been placed by a court.
(3282-6/95)
Minor
(Juvenile) Means any person under the age of eighteen(18)years of age. (3282-6/95)
Officer Means a police officer, deputy sheriff, or other law enforcement agency officer.
Operator Means an individual, firm, association, partnership, or corporation operating,
managing or conducting any establishment. The term includes the members or
partners of an association or partnership and officers of a corporation. (3282-6/95)
Parent Means a person who is: (3282-6/95)
(a) a natural parent, adopting parent, or step-parent of another person; or
(3282-6/95)
09-2223/38843 1
(b) a person at least eighteen (18)years of age and authorized in writing by a
parent or guardian to have the care and custody of a minor. (3282-6/95)
Public Place Means any place to which the public or a substantial group of the public has
access and includes, but not limited to, streets, highways, and common areas of
schools,hospitals, apartment houses, office buildings, transport facilities,theaters,
game rooms, shops, shopping malls or any other place for the sale of merchandise
and business. (3282-6/95)
Street Means a way or place, of whatever nature, open to the use of the public as a
matter of right for purpose of vehicular travel or in the case of a sidewalk thereof
for pedestrian travel. The term"street" includes the legal right-of-way, including
but not limited to the traffic lanes, curb, sidewalk, whether paved or unpaved, and
any grass plots or other grounds found within the legal right-of-way of a street.
The term "street" applies irrespective of what the legal right-of-way is formally
named or called, whether alley, avenue, court,road or otherwise. (3282-6/95)
Remain Means to: (3282-6/95)
(a) linger or stay; or (3282-6/95)
(b) fail to leave premises when requested to do so by an officer or the owner,
operator, or other person in control of the premises. (3282-6/95)
Tempef
Holding
to the itwenile'ssa elf —�,328
9.68.020 Curfew-Prohibited conduct. A minor commits a misdemeanor if he/she remains,
walks, runs, stands, drives or rides about, in or upon any public place or on the premises of any
establishment within the city between the hours of 10:00 p.m. and 6:00 a.m. of the following day,
Pacific Standard Time. (3282-6/95)
9.68.030 Responsibility of Parents. A parent or guardian of a minor;s subjeet t the„o.,alfies
set fa ft i Se do 9 68 080 he fei commits a misdemeanor if he/she knowingly permits or
allows the minor to remain, walk, run, stand, drive or ride about in or upon any public place or on
the premises of any establishment open to the general public within the city during curfew hours
unaccompanied by parent or guardian. (3282-6/95)
9.68.040 Responsibility of establishments. The owner, operator, or any employee of an
establishment commits a misdemeanor if he/she knowingly allows a minor to remain, walk,run,
stand, drive or ride about in or upon any public place within his or her control or on the premises
of any establishment within his or her control within the city during curfew hours. (3282-6/95)
9.68.050 Exceptions. (3282-6/95)
1. The provisions of this chapter do not apply when the minor is: (3282-6/95)
(a) accompanied by the minor's parents or guardian; (3282-6/95)
(b) in public for a specific purpose at designated times, without detour or stop, with the
minor's parent's or guardian's written permission which shall state: (3282-6/95 deleted,3475-
10/00)
1. The name, address and telephone number of such child; (3475-10/00)
12/01
KEY
INSERTIONS: Double underline
DELETIONS Stfi�
2. The name, address and telephone number of the parent, guardian, or custodian for the
child; (3475-10/00)
3. The height, weight, sex, color of eyes and hair, and other relevant physical
characteristics of such child; (3475-10/00)
4. A brief description of the employment, errand or activity for which the minor has
permission to engage in and the time of day during which this activity will be
conducted; and (3475-10/00)
5. The points of origin and destination of the minor. (3282-6/95 deleted;3475-10/00)
(c) engaged in employment activity, or going to or returning home from an employment
activity, without any detour or stop; (3282-6/95)
(d) is rendering aid in an emergency; is in need of aid due to an emergency or is prevented
from movement by an emergency situation. In cases of reasonable necessity and of such
urgency that the parent, guardian, custodian, or other responsible person is unable to
accompany the minor. (3282-6/95 deleted; 3475-10/00)
(e) on the sidewalk abutting the minor's residence (3282-6/95,3475-10/00)
(f) attending, or going to or returning home without any detour or stop, from an official
school,religious, or other recreational activity supervised by adults or sponsored by the
City of Huntington Beach, a civic organization, or another similar entity that takes
responsibility for the minor. (3282-6/95, 3475-10/00)
(g) exercising rights protected by the First Amendment of the United States Constitution.
(3475-10/00)
(h) married or legally emancipated and can show proof of the same. (3475-10/00)
2. The provisions of this chapter do not apply when the owner, operator, or employee of an
establishment promptly notified the Huntington Beach Police Department that a minor was
present on the premises of the establishment during curfew hours and refused to leave.
(3282-6/95)
3. Before taking any enforcement action under this section, a police officer should ask the
apparent offender's age and reason for being in the public place or on the premises of the
establishment during curfew hours. (3282-6/95-deleted, 3475-10/00)
9.68.060 Enforcement. (3282-6/95)
1. Every law enforcement officer is authorized and empowered to demand from any person
whom he or she has reasonable cause to believe comes within the provisions of this chapter
and who remains, walks, runs, stands, drives or rides about in or upon any public place or on
the premises of any establishment within the city, without his or her parents or guardian,
during curfew hours, that such person give his or her name, address and parents or guardian,
names, and furnish proof of his or her age or proof that he or she is upon an emergency
errand or legitimate business directed by his or her parents or guardian. (3282-6/95)
09-2223/38843 3
2. Juveniles who are found to be in violation of the curfew ordinance may be issuesd a
Municipal Court or administrative citation and/or taken into custody and transported to:
(3282-6/95)
(a) Vent /euff . ,Tempefafy Holding 1'ae;1it-y; (3282 &96)
(b) Huntington Beach Police Department; (3282-6/95)
(eb) Juvenile's residence if it is nearby and a parent or guardian will be available to take
custody of the juvenile; or (3282-6/95)
(dg�) Release in the field at the officers discretion - if placement or parental contact cannot
be made, or parent refuses assistance. (3282-6/95)
3. A parent or guardian who knowingly permits a minor over whom he or she has control to
violate this ordinance, shall be subject to the provisions of Section 272 of the California
Penal Code and may be charged with violating the Penal Code provision. (3282-6/95)
9.68.070 Parents to take custody of minor wme. If a minor taken into custody is a minor
coming within the provisions of this chapter, any such law enforcement officer is authorized and
empowered to efreauest the parents, guardian or other adult person having the care and
custody of such minor that they take suehcustody of the minor=te his or-her- efmanefit of
the jurisdietien of the geve ing bedy,Refusal on the part of the parent or guardian to accept a
minor for whom the parent or guardian is responsible,shall be a MISDEMEANOR. (3282-6/95)
n 64 080 r• •1 penalties for-failure to ,. ntr-ol
> to,
penafty. For-puTeses of this Seefien, a parent E)r-legal guar-dian te any minef shall have the
diA b.l e eteefie n .. „t,- 1 aver-their-miner-eb.;l,a
•CCUT�-t� VAv1 CT3v rL+GLJV2ICCC7IG- �, n „, „ 1- V
(3282&W
2. Upen the first violation ef this or-dinanee, the law efifef!eemet4 offieer- shall issue to the minof
designE�ted fepr-eseiitafive ef the Chief ef 12oliee shall mail te the parent er-legal guafdian e
the minef a nefifie4ion that states that upon a seeand vielation, the parents or-legal guafdi
may be held liable fef aetual administrative and tfa-nspE)Aa4ien eests, and that r-equifes the
pafei4s of legal guar-dians to sign and r-ewfn the nefifiealien. This nefifieation shall inelude-a
fee. This explanafien shall be feviewed by a designated r-epr-esetAafive of the Peli
(3
minvrt9z his rvr her-pracc-vrresracirc, e "pcLreilw vl legal uruiof u:l
.+
ether-plaee to ' 11 theminer- s take„ by the l „fe feeirlcilk+vuff�t.l may a .be ehMom, .l gel
> parents, of legal guar-dian,
exeeed-these aet" Bests. (3282 6196)
e „UY the fee, L11L. \. LY shall
hearing as t the validity of the fees eh e.l and may waive payment f the f by e thee m• his
b par-et+ legalor- guareita finding 6� Good 1, fnean l,good eaus . 11 that+b.
per-son has made feasenable effefts to exemse supefvfsten and eentr-el evef the miner-; that th-e
fee may be waived if neither-the miner-nef the pafents ef legal guardian has the ability to pay the
fee; that th . ffei4s will peeffefm eeffffnunity ser-viee in lieu of imposifien of the fee
that the parents E)r-legal guafdian has limited physieal E)r-legal eustedy and eon+fel E)f the minef.
(32Q�5)
12/01
KEY
INSERTIONS: Double underline
DELETIONS S4i'o
9.68.100 Remedy cumulative. The remedies provided in this chapter are in addition to the
remedies and penalties available under the Huntington Beach Municipal Code and all other laws
of the state. (3282-6/95)
9.68.110 Nuisance. It shall be deemed a public nuisance for any minor to remain, walk, run,
stand, drive or ride about, in or upon any public place or on the premises of any establishment
within the city between the hours of 10:00 p.m. and 6:00 a.m. (3282-6/95)
9.68.120 Severability. If any section, subsection, phrase or clause of this section is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion of
this section. The City Council declares that it would have adopted this ordinance and each
section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections,
subsections, sentences,phrases or clauses be declared invalid. (3282-6/95)
09-2223/38843 5
RCA ROUTING SHEET
INITIATING DEPARTMENT: POLICE DEPARTMENT
SUBJECT: An Ordinance of the City of Huntington Beach
Amending Chapter 9.68 of the Huntington Beach
Municipal Code Relating to Curfew
COUNCIL MEETING DATE: January 19, 2010
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not A plicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not A plicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not A plicable
Commission, Board orCommittee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
1EXPLANATEOK FOR nMii iSVWG AT TACHl�ii E'HTS
REVIE�IED RETURNED :  FO A DED
Administrative Staff ( ) )
DeputyCityAdministrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
CityClerk ( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author:
Page 1 of 2
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Tuesday, January 19, 201 4:51 PM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Follow Up Flag: Follow up
Flag Status: Red
Request#3433 from the Government Outreach System has been assigned to Johanna
Stephenson.
Request type: Comment
Request area: City Council - Comment on an Agenda Item
Citizen name: Richard Plummer
Description: I am pleased that the City Council is establishing standard conditions for new
restaurants with alcohol sales and Entertainment Permits. After reading the
proposed Resolution 2010-05 I have three proposed amendments or
clarifications. The proposed Resolution is limited to the "establishment" of
restaurants serving alcohol. "Establishment" of restaurants does not clearly
include expansions. It does not include the expansion or modifications of
Entertainment Permits, and it does not include District 6, the pier area.
1. These new standards should also pertain to existing establishments seeking
significant modifications to their existing Conditional Use Permits (CUP) or
Entertainment Permits. Significant Modifications would include expansion of
hours of operation, changing the type of alcohol licence with ABC, expansion
of patron capacities, adding live music, changing music format, and adding or
expanding dance floor areas.
Intent: Many of the existing Downtown establishments have been expanding
their hours,type of Entertainment Permit, or the type of alcohol sales. Example:
An establishment initiates business as a simple pizza shop serving beer and
wine and closing at 10 pm. A few years latter this same establishment expands
serving all types of alcohol, staying open until 2 am, with a Entertainment
Permit. This clarification is intended to limit the expansion of existing
restaurants into nightclubs.
2. District 6 should be included since it is part of the Downtown area and
burdens the neighborhood and police department the same ways as District 1. 1
do not believe District 6 currently has any Entertainment Permits for live music
or dancing.
3. The Planning Department should be directed to maintain a list of existing
restaurants with alcohol sales within each Downtown district,type of alcohol
licence, operating hours, patron and staff capacities, Entertainment Permits, and
brief summary of Entertainment Permit(live music, dance floor,etc.). This list
should be a tool to assist decision makers/of the current
conditions, and should
1/20/2010 44
Page 2 of 2
be made available the public.
While establishing standards is a step in the right direction, I would also like to
see a cap on the number of restaurants serving alcohol in the Downtown area.
Thank you for your consideration.
Richard Plummer
rplummer@Ibr4bdt.com
Expected Close Date: 01/20/2010
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are
not monitored and will be ignored.
1/20/2010
Page 1 of 1
Naideth, Joan
From: McGrath, Jennifer
Sent: Thursday, January 21, 2010 11:07 AM
To: Flynn, Joan; Small, Ken; Ohl, Dan
Cc: Ross, Rebecca; Esparza, Patty; Naideth, Joan; Giguere, Joan
Subject: Re: Curfew Ordinance 3865
You are correct. We will take care of it.
From: Flynn, Joan
To: McGrath, Jennifer; Small, Ken
Cc: Ross, Rebecca; Esparza, Patty
Sent: Thu Jan 21 10:43:06 2010
Subject: Curfew Ordinance 3865
In beginning the process of codifying this ordinance, staff noticed that sections 9.68.080 Civil penalties for failure
to control minor, and 9.68.090 Hearing were not deleted per the ordinance, but were struck through on the
legislative draft. If my assumptions are correct, the legislative draft is what you intended to accomplish, but the
ordinance takes precedence, so this ordinance will need to be corrected and returned for first reading. Let me
know if the ordinance will be changed and returned to us--Joan
1/21/2010
I A p
v A�
ORDINANCE NO. 3865
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.68 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO CURFEW
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION1. Section 9.68.010 of the Huntington Beach M7.icipal Code is hereby
amended to read as follows:
9.68.010 Definitions. For the purposes of this chapter,the following v�words and phrases shall
have the meaning hereafter set forth unless a different meaning is clearly intended from the
context in which such word or phrase is used. Any word or phrase/not herein defined shall have
the meaning attributed to it in ordinary usage.
Emergency Means an unforeseen combination of circumstances or the resulting state
7
that calls for immediate action. The termincludes, but is not limited to, a
fire, a natural disaster, an automobile,/accident, or any situation requiring
immediate action to prevent seriou 7/bodily injury or loss of life.
"
Establishment Means any privately owned plaee of business operated for a profit to
which the public is invited, in hiding but not limited to any place of
rt amusement or entertainment!
Guardian (a) Means a person who, rider court order, is the guardian of the person
o of a minor; r
on
(b) a public or priva agency with whom the minor has been placed by a
court.
Minor
(Juvenile) Means any pers, n under the age of eighteen(18)years of age.
Officer Means a poliZofficer, deputy sheriff, or other law enforcement agency
officer.
Operator Means aphridividual, firm, association, partnership, or corporation
operating, managing or conducting any establishment. The term includes
the members or partners of an association or partnership and officers of a
corpo on.
Parent Meansperson who is:
(a) 'a natural parent, adopting parent, or step-parent of another person; or
(b) a person at least eighteen (18) years of age and authorized in writing
by a parent or guardian to have the care and custody of a minor.
09-2223/41321
Ordinance No. 3865
Public Place Means any place to which the public or a substantial group of th�public
has access and includes, but not limited to, streets, highways, and common
areas of schools, hospitals, apartment houses, office buildings,transport
facilities, theaters, game rooms, shops, shopping malls or any/other place
for the sale of merchandise and business. `
Street Means a way or place, of whatever nature, open to the use of the public as
a matter of right for purpose of vehicular travel or in the'case of a
sidewalk thereof for pedestrian travel. The term"street" includes the legal
right-of-way, including but not limited to the traffic lanes, curb, sidewalk,
whether paved or unpaved, and any grass plots or other grounds found
within the legal right-of-way of a street. The term�'street" applies
irrespective of what the legal right-of-way is formally named or called,
whether alley, avenue, court, road or otherwise./
Remain Means to:
(a) linger or stay; or /
(b) fail to leave premises when requested to do so by an officer or the
owner, operator, or other person in/control of the premises.
SECTION 2. Section 9.68.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.68.030 Responsibility of Parents. A parent or guardian of a minor commits a
misdemeanor if he/she knowingly permits or allows the minor to remain, walk, run,
stand, drive or ride about in or upon any public place or on the premises of any
establishment open to the general public within the city during curfew hours
unaccompanied by parent or guardian.
SECTION 3. Section 9.68.06 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.68.060 Enforcement.
1. Every law enforcement officer is authorized and empowered to demand from any
person whom he or she has/reasonable cause to believe comes within the provisions
of this chapter and who remains, walks, runs, stands, drives or rides about in or upon
any public place or on the premises of any establishment within the city, without his
or her parents or guardian, during curfew hours, that such person give his or her
name, address and parents or guardian, names, and furnish proof of his or her age or
proof that he or she is/upon an emergency errand or legitimate business directed by
his or her parents or/guardian.
2. Juveniles who are Hound to be in violation of the curfew ordinance may be issued a
Municipal Court or administrative citation and/or taken into custody and transported
to:
(a) Huntington+Beach Police Department;
09-2223/41321 2
Ordinance No. 3865
(b) Juvenile's residence if it is nearby and a parent or guardian will be available o
take custody of the juvenile; or
(c) Release in the field at the officers discretion - if placement or parental contact
cannot be made, or parent refuses assistance.
3. A parent or guardian who knowingly permits a minor over whom he or she has
control to violate this ordinance, shall be subject to the provisions of Section 272 of
the California Penal Code and may be charged with violating the Penal Code
provision.
SECTION 4. Section 9.68.070 of the Huntington Beach Muni�c°ipal Code is hereby
amended to read as follows:
9.68.070 Parents to take custody of minor. If a minor taken into custody is a minor
coming within the provisions of this chapter, any such law enforcement officer is
authorized and empowered to request_the parents, guardian or other adult person having
the care and custody of such minor that they take custody of the minor. Refusal on the
part of the parent or guardian to accept a minor for whom th6arent or guardian is
responsible, shall be a MISDEMEANOR.
SECTION 5. This ordinance shall become eff /ive30 days after its adoption.
PASSED AND ADOPTED by the City Coune�Iof the City of Huntington Beach at a
regular meeting thereof held on the day of , 200
Mayor
ATTEST: AP OVED AS TO FORM:
City lerk 1 �0? Ci Atto ey Dko L`�c\Cf{
REVIE APPROVED: INITIATED AND AP OVED:
C
C inistrator Chief of Police
1
09-2223/41321 3