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Home My WebLink AboutOrdinance 3369 - Amending Municipal Code Chapter 9.20 relati g Page 16 - Council/A, :;y Agenda - 07/21/97 (16) G. Ordinances G-1. Ordinance For Adoption G-1A. (City Council) Adoption Of Ordinance No. 3368 -Amends Code Pertaining To Vehicles Parked On The Street For Over 72 Hours & Removal By Police Department - (Allows Participation In State-Wide Vehicle Abatement Program) (560.20) -Adopt Ordinance No. 3368 - "An Ordinance of the City of Huntington Beach Amending Section 10.08.130 of Chapter 10.08 Pertaining to Vehicles Parked on the Street for Over 72 Hours and Vehicle Removal by the Police Department." (Introduction approved on July 7, 1997.) Recommended Motion: After City Clerk reads by title, adopt Ordinance No. 3368, by roll call vote. . [Adopted -- 7-0] G-2. Ordinances for Introduction ,,G=2A:—(City Council) Introduction.Of.Ordinance No. 3369---Dressing In Public Pla Cgs ,'And/Or Restrooms -Approve introduction of Ordinance No. 3369 - "An Ordinance of City of Huntington Beach Amending Chapter 9.20 of the Huntington Beach Municipal ! ode Pertaining to Dressing in Public Places and/or Toilets." (Amends code to include private toilets open to the public.) Recommended Motion: After City Clerk reads by title, approve introduction of ( h Ordinance No. 3369, by roll call vote. (Continue to 8/4/971 -�olt�.�,►N - -tom + � a- H. (City Council/Redevelopment Agency) Council/Agent Agenda Itemsw H-1. (City Council) Submitted By Council/Agency Member Dave Garofalo G H-2. Submitted By Council/Agency Member Pam Julien H-3. Submitted By Council/Agency Member Tom Harman H-4. Submitted By Council/Agency Mayor Pro Tern Shirley Dettloff (16) Council/Agency Meeting Held: 497 Deferred/Continued to: 811(h7 U Approved ❑ Conditionally Approved ❑ Denied `gee.. City Clerles Signature Council Meeting Date: July 21, 1997 Department ID Number: CS 97-044 -7 i4-T° CITY OF HUNTINGTON BEACH �� REQUEST FOR COUNCIL ACTION wow "Vt 10 .k -fo SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: RON HAGAN, Director, Community Service SUBJECT: ORDINANCE AMENDING HBMC CHAPTER 9.20, DRESSING IN PUBLIC PLACES AND/OR TOILETS - da�� 3369 Estat,Znt of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments Statement of Issue: Should the city amend HBMC Chapter 9.20 prohibiting dressing/ undressing in private toilets open to the public? Funding Source: Not applicable. Recommended Action: Motion to adopt Ordinance amending the Huntington Beach Municipal Code by amending Chapter 9.20 thereto pertaining to dressing/undressing in public places and/or toilets. Alternative Action(s): Do not amend Chapter 9.20 of the HBMC pertaining to dressing/ undressing in public places and/or toilets. Analysis: Currently, HBMC Section 9.20.010 prohibits persons from dressing or undressing for the purpose of putting on or taking off bathing garments upon city streets, alleys, piers, beaches, and within any public toilets. It has been brought to staffs attention by Ruby's Surf City Diner and the soon to be built Duke's Surf City Restaurant that their toilets are private but open to the public. They have requested that language be added to the existing chapter that also prohibits dressing or undressing in private toilets open to the public. Staff concurs with this request and has had the amendment to Section 9.20.010 prepared which provides the same restrictions for private toilets open to the public as for public toilets. Environmental Status: Not applicable. REQUEST FOR COUNCIL ACTION MEETING DATE: July 21, 1997 DEPARTMENT ID NUMBER: CS 97-044 Attachment(s)• City Clerk's Page NuMber No. Description y Ordinance . 33109 RCA Author: RH:cr Document2 -2- 07/08/971:21 PM ATTACHMENT # 1............ ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.20 OF THE HUNTINGTON BEACH MUNICIPAL CODE P TAINING TO DRESSING IN PUBLIC PLACES AND/OR TOILETS The City ouncil of the City of Huntington Beach does ordain as follows: SECTION X Section 9.20.010 of the Huntington Beach Municipal Code is hereby amended ts follows: 9.20.010 Din Public Places. No person shall dress or undress for the purpose of putting on or tak g off a bathing garment in or upon any public street, alley or other public place, or and eath any pier or wharf in the city, or upon any public beach, or within any public toile or private toilet open to the public, or within a vehicle other than a house trailer, motorh me or camper designed for living purposes. SECTION 2. This ordin ce shall take effect 30 days after its adoption. PASSED AND ADOPTED b the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of 11997. ATTEST: Mayor PROVED AS TO FORM: City Clerk REVIEWED AND APPROVED ity Attorney INITIATE �D PROVED: City Administra or Director of C nity Services N 0" C T 10 N TAKEN jmp/k/ordinance/920/7/3/97 Ordinance No. 336 LEGISLATIVE DRAFT Chapter 9.20 PROHIBITED PUBLIC CONDUCT (542-5/49, 1935-11/74, 2992-4/89, Urg. Ord. 31924/93, 3215-12/93) Section: 9.20.010 Dressing in public places 9.20.020 Human waste 9.20.030 Picketing of private residences 9.20.040 Trespassing on school grounds 9.20.050 Nuisance 9.20.010 Dressing in Public Places. No person shall dress or undress for the purpose of putting on or taking off a bathing garment in or upon any public street, alley or other public place, or underneath any pier or wharf in the city, or upon any public beach, or within any public toilet, or private toilet open to the public, or within a vehicle other than a house trailer, motorhome or camper designed for living purposes. (542-5/49, 1935-11/74) 9.20.020 Human waste. No person shall urinate or evacuate his bowels on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park, or other public place, except in a public restroom. (2992-4/89) 9.20.030 Picketing of private residences. In enacting this section, the City Council finds as follows: (a) Protecting the well-being, tranquility, and privacy of the homes of residents of the City is a significant governmental interest. (b) A special benefit of the privacy all residents enjoy within their homes is the ability to avoid intrusions and unwanted speech. (c) Picketing which targets the dwellings of specific residents of the City is an inherent and offensive intrusion on residential privacy. (d) Picketing before or about dwellings obstructs and interferes with the free and safe use of public sidewalks and public streets. 1 1egisdrfl/mc920/6/10/97 (e) The purpose of this section is to protect and preserve the well-being, tranquility and privacy of the home by ensuring the residents of the City are free from picketing directed specifically at them. (f) This section is enacted for the further purpose of protecting the free and safe use of public sidewalks and streets. It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual, where such picketing is focused or targeted against that residence, dwelling or individual. Violations of this section shall constitute a misdemeanor punishable by fine or imprisonment, or both. No fine imposed pursuant to this section for any single violation thereof shall exceed Five Hundred dollars ($500), nor shall imprisonment exceed six(6) months for each violation hereof and each day that any such separate violation continues shall constitute a separate violation. 9.20.040 Trespassing on school grounds. No person shall enter posted school grounds without first obtaining permission from the administrative office of the school or school district, except for the following persons: (3215-12193) (a) Students, currently enrolled at that school. (3215-12/93) (b) Teachers, staff members and other employees of the school district. (3215-12/93) (c) Service providers and vendors doing business with the school, including counselors. (3215-12/93) (d) Volunteers approved by the school. (3215-12/93) (e) Parents of students currently enrolled. (3215-12/93) (f) Law enforcement and other governmental employees and representatives having business at the school. (3215-12/93) (g) Attendees at school events that are open to the public, while those events are open and only in the area open for the event. (3215-12/93) (h) Attendees at authorized Civic Center Act functions. (3215-12/93) 9.20.050 Nuisance. It shall be deemed a public nuisance for any person to dress or undress for the purpose of putting on or taking off a bathing garment in or upon any public street, alley or other public place, or underneath any pier or wharf in the city, or upon any public beach, or within any public toilet, or within a vehicle other than a house trailer, motorhome or camper. 2 1egisdrf1/mc920/6/10/97 It shall be deemed a public nuisance for any person to urinate or evacuate his bowels on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park or other public place except in a public restroom. 3 legisdrft/mc920/6/10/97 RCA ROUTING S ®T INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: ORDINANCE AMENDING HBMC CHAPTER 9.20 COUNCIL MEETING DATE: July 21, 1997 ......._ _......... SUS. RCA ATTACHMENTS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the Q#ty Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLAN�TI�N FOR I�IISSING ATTACHI1f�EN7'S ... REVIEWED RETURNED. FORA ®ED t Administrative Staff - Assistant CityAdministrator Initial City Administrator (Initial), 1741M City Clerk EXPLANATION FOR RETURN OF ITEM: . . 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