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HomeMy WebLinkAboutOrdinance 3964 adds Chapter 13.10 to HBMC related to tents, PROOFOF PUBLICATION STATE OF CALIFORNIA) CITY OF HUNTINGTON: BEACH LEGAL NOTICE ORDINANCE NO.3964 COUNTY OF ORANGE ) Adopted byythEMBE Council on NOVEMBER 19,2012 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAP- am a citizen of the United States and a TER 13.10 TO THE HUN- TINGTON BEACH MU- resident of the County of Los Angeles; I NICIPAL CODE RELATING TO CAMPING IN PUBLIC am over the age of eighteen years, and AREAS" SYNOPSIS: not a party to or interested in the notice published. I am a principal clerk of the CHAPTER 13.10 WAS AYES. Shaw, Harper, p p p ADDED TO THE HUN- Dwyer, Hansen, Carchio, TINGTON BEACH MU- Bohr,Boardman HUNTINGTON BEACH NICIPAL 'CODE TO DE- NOES:None FINE AND PROHIBIT ABSTAIN:None 'INDEPENDENT, which was adjudged a UNLAWFUL CAMPING ABSENT:None newspaper of general circulation on ;AND UNLAWFUL STOR- THE FULL TEXT OF.THE AGE 'OF PERSONAL ORDINANCE IS AVAIL- September 29, 1961 case A6214 and PROPERTY IN PUBLIC ABLE IN THE CITY + � 'PLACES. CLERK'S OFFICE. ' June 11 1963 case A24831 for the PUBLIC AREAS SHALL This ordinance is effec- > e , NOT INCLUDE ANY AREA tive 30 days after Cityof Huntington Beach, County of DESIGNATED.AS A PUB adoption. g Y LIC CAMPGROUND PUR- CITY OF HUNTINGTON SUANERAL, BEACH Orange, and the State of California. I STA ET OROLOCALDSTAT- 2000 MAIN STREET Attached to this Affidavit is a true and !RESOLUTION. -ORDINANCE, OR HUNTINGTON 926 BEACH, RESOLUTION. CA 92648 comcomplete co as Was printed and PASSED AND ADOPTED. 714-536-5227 p copy p by the City Council of •JOAN,L.FLYNN,CITY published on the following date(s): I the City Beach a t Huntington CLERK at a regular H.B. Independent 11/29/ meeting held 12 November 19, 2012 by -- Thursday, November 29, 2012 ithe following. roll) call vote: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on December 5, 2012 at Los Angeles, California Signature 1 Council/Agency Meeting Held:_ Deferred/Continued to:A , Ap oved ❑ Conditionally Approved ❑ Denied Ci er ' Sign re Council Meeting Date: November 5, 2012 7 Department ID Number: PD-12-018 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve for introduction Ordinance No. 3964 adding Chapter 13.10 to the Huntington Beach Municipal Code (HBMC) related to tents, canopies, and camping on public areas Statement of Issue: The public parks, beaches, streets, sidewalks, and other public areas should be readily available and accessible to residents and the public-at-large for their intended purposes. Chapter 13.10 is being added to the Huntington Beach Municipal Code to ensure public areas within the city are clean, sanitary, safe, attractive, and in accessible condition. Financial Impact: N/A Recommended Action: Motion to: Approve for introduction Ordinance No: 3964, "An Ordinance of the City of Huntington Beach Adding Chapter 13.10 to the Huntington Beach Municipal Code Relating to Camping in Public Areas" making it unlawful to camp or store personal property in public areas and the Civic Center. Alternative Action(s): Deny Ordinance No: 3964 "An Ordinance of the City of Huntington Beach Adding Chapter 13.10 to the Huntington Beach Municipal Code Relating to Camping in Public Areas" making it unlawful to camp or store personal property in public areas and the Civic Center. HB -737- Item 21. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/2012 DEPARTMENT ID NUMBER: PD-12-018 Analysis: Chapter 13.10 is being added to the Huntington Beach Municipal Code to define and prohibit unlawful camping and unlawful storage of personal property in public places. The Police Department regularly receives calls from citizens regarding camping and storage of personal property in public areas. That restricts others from being able to use the same area. The public parks, beaches, streets, sidewalks, and other public areas should be readily available and accessible to residents and the public-at-large for their intended purposes. The purpose of this Chapter is to maintain Public Areas within the City in a clean, sanitary, safe, attractive and accessible condition. This Chapter will also protect the health, safety, environment and general welfare of the community. The use of Public Areas for camping or storage of personal property interferes with the right of others to use and enjoy those areas as they are intended. Public Areas shall not include any area designated as a public campground pursuant to federal, state, or local statute, ordinance, or resolution. Environmental Status: N/A Strategic Plan Goal: Maintain public safety Attachment(s): Ordinance No. 3964, "An Ordinance of the City of Huntington Beach Adding Chapter 13.10 to the Huntington Beach Municipal Code Relating to Camping in Public Areas," including the Legislative Draft Item 21. - 2 HB -738- ATTACHMENT # 1 ORDINANCE NO. 3964 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 13.10 TO THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CAMPING IN PUBLIC AREAS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 13.10.010 of the Huntington Beach Municipal Code is hereby added to read as follows: 13.10.010 Purpose and Intent. The Public Parks, Beaches, Streets, Sidewalks and other Public Areas should be readily available and accessible to residents and the public at large for their intended purposes. The purpose of this Section is to maintain Public Areas within the City in a clean, sanitary, safe, attractive and accessible condition, and to protect the health, safety, environment and general welfare of the community. The use of Public Areas for camping interferes with the rights of others to use and enjoy those areas as they are intended. SECTION 2. Section 13.10.020 of the Huntington Beach Municipal Code is hereby added to read as follows: 13.10.020 Definitions. For the purposes of this Chapter, the following terms shall have the meanings set forth, unless the context in which they are used clearly indicates to the contrary. (a) "Camp" or"Camping"means to reside in or use any public area for living accommodations or lodging purposes, for temporary, prolonged or repeated periods of time, not associated with the ordinary use of such public area,with one's possessions or while storing one's possessions, which include but are not limited to, tents, huts, temporary shelters, hammocks, tarpaulins, costs, beds, sleeping bags,bed rolls, mattresses, bedding, backpacks, luggage carts, cooking equipment and/or cookware. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the public area as a place of living or lodging accommodation, regardless of the person's subjective intent or the nature of other activities in which the person might also be engaged. (b) "Civic Center"means the area in the City of Huntington Beach, County of Orange bounded by Lake Street on the east, Yorktown Avenue to the north, Main Street on the west,Utica Avenue on the south, and Park Street on the east and south between Utica Avenue and Lake Street. (c) "Park"means the same as set forth in Section 13.48.010(g) of this Code. (d) "Public Area"means any public place, including, but not limited to, public streets, sidewalks and alleyways,public parking lots, whether publicly or privately owned,pubic parks and 12-3420182688.doc 1 Ordinance No. 3964 playgrounds, public beaches, piers and plazas, public landscaped areas, and other publicly- owned property. "Public Area" shall not include any area designated as a public campground pursuant to federal, state or local statute, ordinance or resolution. (e) "Store" or"Storage"means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave at a location. (f) "Street" means the same as defined in the Vehicle Code. SECTION 3. Section 13.10.030 of the Huntington Beach Municipal Code is hereby added to read as follows: 13.10.030 Unlawful Campintj in Public Places. It shall be unlawful for any person to camp in the following areas, except as otherwise allowed: (a) Any Public Area; (b) Civic Center. SECTION 4. Section 13.10.040 of the Huntington Beach Municipal code is hereby added to read as follows: 13.10.040 Unlawful Storage of Personal Property in Public Places. It shall be unlawful for any person to store personal property in the following areas, except as otherwise allowed: (a) Any Public Area; (b) Civic Center. SECTION 5. Section 13.10.050 of the Huntington Beach Municipal Code is hereby added to read as follows: 13.10.050 Violations—Penalty. Any person who violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in this Code. 12-3420/82688.doc 2 Ordinance No. 3964 SECTION 6. 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 19th day of November , 2012. Mayor ATTEST: APPROVED AS TO FORM: c City Clerk V atykttomey 1)� �S2tllZ gam . REVIE APPROVED: INITIATED AND APPROVED: i ager Police Chief _ Z Zee 12-3420/82688.doc 3 Ord. No. 3964 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 November 05, 2012, and was again read to said City Council at a Regular meeting thereof held on November 19, 2012, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None I,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 November 29,2012. In accordance with the City Charter of said City Joan L. Flynn, Qi1y Clerk Cititlerk and ex-officio CL&k Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Ordinance No. 3964 LEGISLATIVE DRAFT Chapter 13.10 CAMPING IN PUBLIC AREAS 13.10.010 Purpose and Intent. The Public Parks, Beaches, Streets. Sidewalks and other Public Areas should be readily available and accessible to residents and the public at large for their intended purposes The purpose of this Section is to maintain Public Areas within the City in a clean, sanitary, safe, attractive and accessible condition. and to protect the health, safety, environment and general welfare of the community. The use of Public Areas for camping interferes with the rights of others to use and enjoy those areas as they are intended. 13 10 020 Definitions For the poses of this Chapter, the following terms shall have the meanings set forth, unless the context in which they are used clearly indicates to the contrary. (a) "Camp" or"Camping" means to reside in or use any public area for living accommodations or lodging purposes, for temporary, prolonged or repeated periods of time, not associated with the ordinary use of such public area, with one's possessions or while storing one's possessions, which include but are not limited to, tents, huts, temporary shelters, hammocks, tarpaulins, costs, beds, sleeping bags, bed rolls, mattresses, bedding,backpacks, luggage carts, cooking equipment and/or cookware. These activities constitute camping when it reasonably appears, in light of all the circumstances that a person is using the public area as a place of living or lodging accommodation, regardless of the person's subjective intent or the nature of other activities in which the person might also be engaged. (b) "Civic Center" means the area in the City of Huntington Beach, County of Orange bounded by Lake Street on the east. Yorktown Avenue to the north. Main Street on the west Utica Avenue on the south and Park Street on the east and south between Utica Avenue and Lake Street. (c) "Park" means the same as set forth in Section 13.48.010(g)of this Code. (d) "Public Area" means any public place, including, but not limited to, public streets, sidewalks and alleyways public parking lots whether publicly or privately owned. pubic parks and playgrounds, public beaches, piers and plazas, public landscaped areas, and other publicly-owned property. "Public Area" shall not include any area designated as a public campground pursuant to federal. state or local statute. ordinance or resolution. (e) "Store" or"Storage"means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave at a location. (f) "Street"means the same as defined in the Vehicle Code. 13.10.030 Unlawful Camping in Public Places. It shall be unlawful for anv person to camp in the following areas, except as otherwise allowed: (a) Any Public Area- bl Civic Center. 13.10.040 Unlawful Storage of Personal Property in Public Places. It shall be unlawful for any person to store personal property in the following areas, except as otherwise allowed: (a) Any Public Area; bl Civic Center. 13.10.050 Violations—Penalty. Any person who violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in this Code.