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HomeMy WebLinkAboutVarious Changes to Sections of HBOC - Sections 1222.7 - 1222 4 / �l September 9 , 1974 TO : City Council FROM: City Administrator SUBJECT: Ordinance No. 1935 Transmitted herewith is Ordinance No. 1935 which has been revised since its initial introduction. An updated copy of those suggested amendments to the Huntington Beach Ordinance Code which were approved by Council minute action earlier this year has been examined by each department head. Subsequent suggestions and questions from the department heads were examined by the legal department and this revised ordinance incorporates those suggestions . c c DAVID D. ROWLANDS City Administrator DDR: cs % � 1 �� aj CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH �j' C�Y C e�-- To David D. Rowlands From F. B. Arguello City Administrator Director of Finance Subject Ordinance # 1935 Date August 13, 1974 The following is a list of suggestions to amend Ordinance 1935 and the reasons therefore. 1 . Section 1222.7 - Delete due to collection function transfer to Treasurer's office. 2. Section 1222.8 - Delete as Section 1372.5 would serve the same purpose. 3. Section 1372. 11 should allow for monitoring of investments by Finance Director under City Charter Section 706A. 4. Amendment #24 dealing with uniform transient occupancy tax Article 173 Should not be amended at this time because of a need for complete review of the article. 5. Section 2114. 11 and 2114.37 should not be deleted from the ordinance until these fundamental changes can be studied further. This also applies to 6551 and 6552. 6. Sections 2150. 1 , 2151 , and 2151 . 1 have recently been amended under Ordinance #1924 and should not be amended. This matter has been coordinated with the City Attorneys office and the City Clerk. F. B. Alrguello Director of Finance FBA/ADLL/sdp cc: City Attorney City Clerk u H �' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To David D. Rowlands From F. B. Arguello City Administrator Finance Director Subject Ordinance No. 1935 Date August 7, 1974 Various suggested amendments to the ordinance code are no longer valid due to changes which have occured in the responsibilities of the City Treasurer and the Finance Department. A careful analysis is now in progress to identify and correct the problem. Suggestions to amend will be .made as soon as possible. I therefore recommend that final action on Ordinance No. 1935 be deferred so as to avoid inconsistencies and afford proper review. F. B. Arguello Finance Director FBA/ADLL/sdp CC: City Clerki. City Attorney ar ORDINANCE NO. /7," AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING, ADDING AND REPEALING VARIOUS SECTIONS OF THE HUNTINGTON BEACH ORDINANCE CODE The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended as follows : 1. Section 0039 is amended to read: S. 0039 . SEVERABILITY. If any section, sub- section, sentence, clause, phrase or portion of this code, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent ,jurisdiction, such decision shall not affect the validity of the remaining portions of this code, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause , phrase or portion of any future amendments or additions thereto, irrespective of the fact that any one or more sections, sub- sections, clauses , phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. . 2. Section 0040 is added to read: S. 0040 . PUBLIC NUISANCE DEFINED. For the purposes of this code, anything which is injurious to the senses, or an obstruction to the free use of property, so as to inter- fere with the comfortable enjoyment of life or property by an entire neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage ' or use , in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance . 3. Section 0040. 1 is added to read: S. 0040. 1. PUBLIC NUISANCE. OFFENSE . PROSECUTION . Every person who maintains , permits , or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits, or allows a public nuisance to exist thereon, after reasonable notice in writing from a police officer or health officer or city attorney to remove, discontinue or abate the same IT: cs 1. r1�j has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly; and the existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense . 4 . Section 1211 is hereby repealed. 5. Section 1211.1 is hereby repealed. 6. Section 1211.2 is hereby repealed. 7. Section 1211. 3 is hereby repealed. 8. Section 1212 is hereby repealed. 9. Section 1212. 1 is hereby repealed. 10 . Section 1212. 2 is hereby repealed. 11 . Section 1212. 3 is hereby repealed. 12 . Section 1212 .4 is hereby repealed. 13. Section 1213 is hereby repealed. 14. Section 1221 is hereby repealed. 15 . Section 1222 is amended to read: S. 1222. RECEIPT OF MONEY. The Treasurer shall receive and safely keep all monies belonging to the City , what- ever its source, for which he shall give duplicate receipts , one to the depositor and one to the Finance Director. 16 . Section 1222. 4 is amended to read: S. 1222. 4 . MONTHLY REPORTS. The Treasurer shall prepare and submit to the Director of Finance monthly written reports 'of all receipts , disbursements and fund balances , and shall file copies of such reports with the City Administrator and City Council. 17 . Section 1222.5 is amended to read: S. 1222 . 5 . . MONTHLY REPORT OF BALANCE. Prior to the first meeting of each month, the Treasurer shall report to the Director of Finance the balance in each fund. 2 . 18. Section 1222 .7 is added to read: S. 1222.7. RECONCILIATIONS. The City Treasurer shall reconcile all statements from demand accounts for which he does not prepare the disbursements. 19 . Section 1222.8 is added to read: S. 1222.8. COLLECTIONS. The City Treasurer shall establish a collection division for all monies . 20 . Section 1241 is hereby repealed. 21. Section 1245 is hereby repealed. 22. Section 1253. 2 is amended to read: S. 1253. 2 . JAIL. PRISONERS. The Police Chief shall have charge of the City Jail and prisoners. 23. Section 1253. 3 is hereby repealed. 24 . Section 1261, first paragraph only, is amended to read: S . 1261. POWERS AND DUTIES. In addition to the powers and duties of the City Administrator enumerated in the Huntington Beach City Charter, Article VI, the following shall also apply : 25 . Section 1266 is amended to •read: S. 1266 . COMPENSATION. The Administrative Officer shall receive such compensation as prescribed by the City Council, 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. 26. Section 1372 .5 is amended to read: S. 1372.5 . Supervise and be responsible for the collection of all monies paid into or received by the City from whatever source; insure that all such monies be received and receipted for by the Collection Division of the City Treasurer; insure that all monies so collected and received shall be de- posited with the depositary no later, than the first banking day . following said receipt; be responsible for the promulgation, installation and control of methods and system of internal control as regards collection and receipt of monies by departments or agencies of the City which do not lend themselves to centralized cashiering; establish and create a system of centralized cashier- ing for the City. 3. �' 27. Section 1372 .11 is amended to read: S. 1372.11. INVESTMENT OF CITY FUNDS. investment of all City funds shall be determined by the City Treasurer, except as otherwise authorized by the City Council. 28. Section 1411 is hereby repealed. 29. Section 1411.1 is hereby repealed. 30. Section 1732(g) is hereby repealed. 31. Section 1733 is amended to read: 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 owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel 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 hotel, the City Treasurer may require that such tax shall be paid directly to the City Treasurer. 32 . Section 1733. 1(c) is amended to read: S. 1733. 1. (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 under penalty of perjury upon a form prescribed by the City Treasurer. 33• Section 1733. 3 is amended to read: 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 renting occupancy to transients shall register said hotel with the City Treasurer and obtain from him a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises . Said certificate shall, among other things, state the following: i +r (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 has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the City Treasurer for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the City Treasurer. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful 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 or office of this city. This certificate does not constitute a permit . " 34. Section 1733 . 4 is amended to read: ' S. 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 City Treasurer, on forms provided by him, 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 City Treasurer. The City Treasurer may establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he 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 the account of the city until payment is made to the City Treasurer. 35• Section 1733. 5(c) is amended to read: S. 1733. 5 . (c) Fraud. If the City Treasurer 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 penalties stated in subparagraphs (a) and (b ) of this section. 36. Section 1734 is amended to read: S. 1734 . •FAILURE TO COLLECT AND REPORT TAX. • DETERMINATION OF TAX BY CITY TREASURER. If any operator shall fail or refuse to collect said tax and to make , within the time provided in this ordinance, any report and remittance of said tax or any portion thereof required by this ordinance, the City Treasurer shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the 5 . �'v" tax due . As soon as the City Treasurer shall procure such facts and information as he 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 make such report and remittance, he 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 City Treasurer 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 City Treasurer for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties , if any, determined by the City Treasurer shall become final and conclusive and immediately due and payable . If such application is made, the City Treasurer 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 City Treasurer 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 , 1 . 37 . Section 1734 . 1 is amended to read: S. 1734 . 1 . APPEAL. Any operator aggrieved by any decision of the City Treasurer 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 for hearing 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 due shall be immediately due and payable upon the service of notice . 38. Section 1734 . 2' is amended to read: S. 1734 . 2. 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 (3) years, all records as may be necessary to �� 6. determine the amount of such tax as he may have been liable for the collection of any payment of the city, which records the City Treasurer shall have the right to inspect at all reasonable times . 39 . Section .1734 . 3 is amended to read: S. 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 received by the city under this ordinance, it may be refunded as provided in subparagraphs (b ) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the City Treasurer within three ( 3) years of the date of payment . The claim shall be on forms furnished by the City Treasurer. (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 City Treasurer 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 subse- quently payable by the transient to the operator. (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 filing a claim in the manner provided in subparagraph (a) of this section, but only when the tax was paid by the transient directly to the City Treasurer, or when the transient having paid the tax to the operator, establishes to the satisfaction of the City Treasurer 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 right thereto by written records showing entitlement thereto. 40. Section 1735 is amended to read: S. 1735 . VIOLATIONS. MISDEMEANOR. Any person violating any of the provisions of this ordinance shall be guilty of a mis- demeanor 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 period of not more than six (6 ) months or by both such fine and imprisonment . 7 . n Any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the City Treasurer or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and is punishable as aforesaid. Any 'person required to make , render, sign, claim, or; verify and report , or 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 punish- able as aforesaid. 41. Section 2111. 8(,j ) is amended to read: S. 2111.8 . DEFINITIONS. (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 order 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 , and inclus- ive 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 maintaining a fixed place of business in this City who are licensed as prescribed by this Ordinance. 42. Section 2114. 2. 11 is hereby repealed. 43. Section 2114. 2. 37 is hereby repealed. 44 . Section 2114 . 3 is hereby repealed. 45. Section 2150. 1 is amended to read: S . 2150.1 . TERM OF LICENSE. The term of such license shall be one (1) year commencing on July 1 of each year. v 8. D 00 , At the end of the term of any license issued or renewed hereunder, such license shall be of no further force and effect unless re- newed as hereinafter provided. 46. Section 2151 is amended to read: 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. 00 ) per well. Such base annual fee shall apply to each well producing oil or gas or both. (b) For each 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 ($12.00 ) per well per quarter. No carry over of credit shall be permitted. 47. Section 2151.1 is amended to read: 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 1 of each fiscal year. Such base annual fee shall be delinquent on the day following such due date . 48. Section 2371. 2 is amended to read: 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 of the Huntington Beach Ordinance Code , the City Council has declared conditions such as those on the property at to constitute a public nuisance, which must be abated by the removal of the objection- able material or conditions . Otherwise , it will be removed and the nuisance abated by the city, and the cost of removal assessed upon the lands and buildings from or in front of which the rubbish, refuse , etc . , are removed, and shall constitute a lien upon such land until paid. All those notified who have any objections to the proposed removal of the above material are hereby notified to attend the meeting of the Huntington Beach City Council in the Council Chambers of City Hall on the day of , 191 when such objections shall be heard and given due consideration. 49. Section 2371. 3 is amended to read: 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 of said lots, which resolution shall read as follows: RESOLVED by the City Council of the City of Huntington Beach, whereas the City Council caused written notice to be sent to the recipient as listed on the lists of lots , to clear said lots of the objectionable matter; and All parties desiring to object to said notice were heard on this day of , 193 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. 50. Section 2371. 4 is amended to read: S. 2371 . 4 . WORK. COSTS REPORT. HEARING ON ASSESS- MENTS. RESOLUTIONS. (1) The lot-cleaning work shall proceed under the direction 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 submitted to the City Council and a hearing date set . (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: 10. 1� r NOTICE IS HEREBY GIVEN that on the day of , 19 , at the hour of P.M. , in the Council Chambers of City Hall , Huntington Beach, California, the City Council of the City of Huntington Beach will hear and pass upon the report of the oil field superin- tendent containing the proposed sum to be assessed against the following described property for abate- ment 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 des- cription 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 located near the information desk on the first floor of City Hall . (6 ) Upon completion of the hearing, the City Council shall resolve accordingly as follows: RESOLVED by the City Council of the City of Huntington Beach that pursuant to Resolution No. of the City Council of the City of Huntington Beach, adopted on the day of . , 19 , the oil field superintendent of the City of Huntington Beach caused the abatement of the nuisance by clean- . 11 . ing 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 City Clerk a report of such' work; and Public hearing was held by this Council on the day of , 19 , at the hour of P.M. , in the Council Chambers , City of Huntington Beach, after notice duly published and mailed in time , form and manner required by law; and 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 super- intendent 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 parties 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 Controller and Assessor who is expressly authorized to enter the amount thereof in the county assessment book opposite the description of said parcel, and thereafter such amount shall be 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 . , y 12. (7 ) No property owner shall be held liable for the cost of nuisance abatement unless said owner is also conducting oil operations on the property upon which the nuisance exists . In those cases where an oil lease supersedes the right of the property owner to come upon the leased premises and effectuate work thereon, the cost of nuisance abatement thereon shall be assessed only against such leaseholder. 51 . Section 2392 is amended to read: 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 cleaned 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 determination of appeal therefrom taken under Section 2304 of this code . In the case of any well whose drill site has been cleaned and restored, as required by Section 2363 of this code, the application for permit under this article may be filed at any time. 52. Section 2399 . 5 is amended to read: S. 2399 . 5 . APPEAL. Any decision made under this article may be appealed to the City Council in accordance with the procedures set forth in Section 2304 of this code . 53 . Section 2443 is amended to read: 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, as defined in California Penal Code Section 647, to enter, be or remain, or to dance in any such public dance hall . 54 . Section 2444 is amended to read: S . 2444 . DUTY TO MAINTAIN DECORUM. No person, as principal, agent or otherwise , carrying on, maintaining or con- ducting a public dance hall or a public dance in this city shall permit any person or persons to indulge in any act which seriously injures the person or property of another, or which seriously dis- turbs or endangers the public peace or health, or which openly outrages public decency in such public dance hall or in any of the hallways leading thereto . 13. 55. Section 2445 is amended to read: S. 2445. INDECOROUS CONDUCT. No person shall, in any public dance hall or at any public dance, wilfully and wrong- fully commit any act which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency in such public dance hall or in any of the hallways leading thereto, 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 . 56. Section 2446 is hereby repealed. 57. Section 2652 is amended to read: S. 2652 . CHARITABLE INSTITUTIONS. CARDS. Such charitable institution or organization shall furnish to each driver of every vehicle used to collect discarded property for such institution, and to every individual employed to assist such driver, an identification card containing the name of the charitable institution or organization, the name and complete description of the driver or individual employed to assist the driver, including age , sex, height , weight, complexion and color of eyes and hair. 58. Chapter 29 , including Sections 2910 through 2982, is hereby repealed. 59. Section 3134 is amended to read: S. 3134 . ABATEMENT PROCEDURE. Whenever there exists in any place within the City of Huntington Beach a public nuisance , as defined by Section 0040 of this code, created by industrial waste or dust , a health officer, police officer, or the City Attorney shall notify in writing the record owner or person having control or possession of such place or premises to abate such nuisance . 60. Section 3412. 1 is hereby repealed. 61. Section 4031 is hereby repealed. 62. Section 4033 is hereby repealed. 63. Section 4035 is hereby repealed. 64. Section 4036 is hereby repealed. 65. Section 4041 is hereby repealed. 14 . ..fib 0 66. Section 4042 is hereby repealed. 67. Section 4043 is hereby repealed. 68. Section 4044 is hereby repealed. 69. Section 4045 is hereby repealed. 70. Section 4046 is hereby repealed. 71. Section 4061 is amended to read: S. 4061. It is hereby declared unlawful for any person to sleep in any vehicle parked in any public 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. 72. Section 4100 is added to read: S . 4100 . TITLE OF CODE. This fire prevention code shall be known as and referred to as the Huntington Beach Fire Prevention Code . 73. Section 4107,(a) is amended to read: S. 4107. PENALTIES. (a) Any person who shall violate any of the provisions 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 of 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 Beach 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 of a misdemeanor, punishable by a fine of not less than Twenty-five Dollars ( $25.00) , nor more than Five Hundred Dollars ($500. 00) , or by imprisonment for not less than two (2) days nor more than six (6) months, or both such fine and imprisonment. The imposition of one penalty for any violation 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 speci- fied, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense . 15. 74. Section 55411, first paragraph, is amended to read: S. 5541. NOISES PROHIBITED. ' It shall be unlawful for any person to make , continue; cause , or allow to be made or continued, any loud, unnecessary, unusual or unreasonable noise or any noise which annoys , disturbs ,. in,jures , 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 , unneces- sary and unreasonable noises in violation of this part but said enumerations shall not be deemed to be exclusive, namely : 75 . Section 5541(k) is amended to read: S. 5541. (k) Construction or Re2airing of Buildings . The erection (including excavating , demolition, alteration or repair of any building other than between the hours of 7: 00 A.M. and 6 :00 P.M. on any day except Sundays , except in case of urgent necessity in the interest of public health and safety and then only with a permit from the Director of Building and Community Development which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three ( 3) days or less while the emergency continues . If the Director of Building and Community Development should determine that the public health and safety will not be impaired by the erection, demolition, alter- ation or repair of any building or the excavation of streets and highways within the hours of 6 : 00 P.M. and 7 :00 A.M. and if he shall further determine that loss or inconvenience would result to any part in interest , he may grant permission for such work to be done within the hours of 6 :00 P.M. and 7: 00 A.M. 76 . Section 5541(m) is amended to read: S. 5541 . (m) Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and vendors which unreasonably disturbs the peace and quiet of a neighborhood or of a considerable number of persons . 77 . Section 5566 is amended to read: S . 5566 . PENALTY . It shall be unlawful and an INFRACTION 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 including highways 16 . y within the City for a period in excess of ten (10) days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dis- mantler, licensed vehicle dealer or a junkyard. 78. Section 5566. 1 is amended to read: S. 5566 .1 . SAME. FAILURE TO REMOVE. It shall be unlawful and an INFRACTION for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or state law where such law is applicable . 79 . Section 6171 is hereby repealed. 80. Section 6171 is added to read: S . 6171 . TWENTY-FIVE M. P .H. PRIMA FACIE SPEED LIMIT. Upon the basis of an engineering and traffic survey of the portions of those streets hereinafter set forth, the City Council does hereby determine and declare that the prima facie limit of twenty-five ( 25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the prima facie limit of speed on a portion of said streets shall be and is twenty-five (25 ) miles per hour: (a) Adams Avenue between Main Street and Lake Avenue. (b) Holland Drive between Beach Boulevard and Marken Lane . (c) Huntington Street between Taylor Drive and York- town Avenue. (d) Main Street between Adams Avenue and Pacific Coast Highway. (e) Saybrook Lane between Monterey Lane and Davenport Drive . 81. Section 6171 . 1 is hereby repealed. 82. Section 6171. 2 is hereby repealed. 83. Section 6172 is added to read: S . 6172 . THIRTY M.P .H. PRIMA FACIE SPEED LIMIT. 17. �b Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council does hereby determine and declare that a speed greater than the prima facie limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of thirty (30 ) miles per' hour is the most appro- priate to facilitate the orderly movement of traffic and is reasonable and safe ; and that the prima facie limit of speed on a portion of said streets shall be and Is thirty (30) miles per hour: (a) Bolsa Chica Street between Warner Avenue and south city limits . (b) Channel Lane between Admiralty Drive and Gilbert Drive. (c) Delaware Street between Indianapolis Avenue. and Detroit Avenue. (d) Huntington Street between Adams Avenue and Atlanta Avenue . (e) Indianapolis Avenue between Beach Boulevard and Brookhurst Street . (f) Orange Avenue between 17th Street and Main Street . (g) Parkside Lane between Edinger Avenue and Holt Avenue. 84 . Section 6173 is added to read: S. 6173. THIRTY-FIVE M. P.H. PRIMA FACIE SPEED LIMIT. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the City Council does hereby determine and declare that a speed greater than the prima facie limit of twenty-five ( 25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets ; that a prima facie speed limit of thirty-five ( 35) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe ; and that the prima facie limit of speed on portions of the following streets shall be and is thirty-five (35) miles per hour: (a) Davenport Drive between Baruna Lane and Algonquin Street. (b) Delaware Street between Main Street and Yorktown Avenue . / �� 18. (c) Delaware Street between Adams Avenue and Indiana- polis Avenue . (d) Edwards Street between Bolsa Avenue and north city limits . (e) Ellis Avenue between 'Delaware Street and Beach Boulevard. (f) Gothard Street between Warner Avenue and Main Street . (g) Graham Street between Heil Avenue and Warner Avenue . (h) Heil Avenue between Beach Boulevard and east city limits . (i) Huntington Street between Atlanta Avenue and Pacific Coast Highway . (j ) Lake Avenue between 17th Street and Pacific Coast Highway . , (k) Main Street between Mansion Avenue and Adams Avenue . (1 ) Mansion Avenue between Goldenwest Street and 17th Street. (m) Monterey Lane between Edinger Avenue and Saybrook Lane . (n) Palm Avenue between Goldenwest Street and Main Street . (o) Rancho Road between Bolsa Chica Street and east city limits. (p) Sher Lane between Edinger Avenue and Juliette Low Drive . (q) Yorktown Avenue between 17th Street and Beach Boulevard. (r) 17th Street between Florida Street and Pacific Coast Highway. , 85 . Section 6174 is added to read : S. 6174 . FORTY M. P.H. PRIMA FACIE SPEED LIMIT. Upon the basis of an engineering and traffic survey of the 19 . '�,� portions of the streets hereinafter set forth, the City Council does hereby determine and declare that a speed greater than the prima facie limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets ; that a prima facie speed limit of forty (40 ) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of said streets shall be and is forty (40) miles per hour : (a) Adams Avenue between Lake Avenue and Beach Boulevard. (b) Algonquin Street between Warner Avenue and Heil Avenue. (c) Atlanta Avenue between Lake Avenue and Brookhurst Street. (d) Banning Avenue between Magnolia Street and Brook- hurst Street . (e) Center Avenue east of Gothard Street. (f) Delaware Street between Yorktown Avenue and Adams Avenue. (g) Edinger Avenue between Beach Boulevard and west city limits. (h) Edwards Street between Bolsa Avenue and Slater Avenue . (i) Ellis Avenue between Beach Boulevard and east city limits . (J ) Ellis Avenue between Goldenwest Street and Gothard Street . (k) Florida Street between Main Street and Garfield Avenue . (1) Garfield Avenue between Goldenwest Street and Newland Street . (m) Goldenwest Street between McFadden Avenue and north city limits . (n) Goldenwest Street between Mansion Avenue and Pacific Coast Highway . (o) Gothard Street between McFadden Avenue and Edinger Avenue . v0 / �10 20 . r / (p ) Graham Street between Edinger Avenue and Heil Avenue . (q) Graham Street between Warner Avenue and south city limits . (r) Hamilton Avenue between Newland Street and east city limits. (s) Heil Avenue between Saybrook Lane and Beach Boulevard. (t) Main Street between Beach Boulevard and Mansion Avenue. (u) McFadden Avenue between Bolsa Chica Street and Graham Street . (v) McFadden Avenue between Goldenwest Street to east city limits . (w) Newland Street between Heil Avenue and Pacific Coast Highway. (x) Orange Avenue between Goldenwest Street and 17th Street . (y) Slater Avenue between Newland Street and west city limits . (z ) Springdale Street between Edinger Avenue and Talbert Avenue . (aa) Talbert Avenue between Goldenwest Street and Newland Street . (bb) Yorktown Avenue between Beach Boulevard and Ward Street . 86. Section 6175 is added to read: S. 6175 . FORTY-FIVE M.P.H. PRIMA FACIE SPEED LIMIT. Upon the basis of an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council does hereby determine and declare that the prima facie speed limit of sixty-five (65 ) miles per hour is more than is reasonable or safe ; that a speed limit of forty-five (45) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on portions of the following streets shall be and is forty- five (45 ) miles per hour : 'LA 21 . ` (a) Adams Avenue between Beach Boulevard and east city limits. (b) Bolsa Avenue between Springdale Street and Goldenwest Street . (c ) Bolsa Chica Street between Edinger Avenue and Warner Avenue. (d) Brookhurst Street between Garfield Avenue and Hamilton Avenue. (e) Bushard Street between Garfield Avenue and Brookhurst Street . (f) Edinger Avenue between Beach Boulevard and east city limits. (g) Edwards Street between Slater Avenue and Garfield Avenue . (h) Ellis Avenue between Edwards Street and Golden- west Street. (i) Garfield Avenue between Newland Street and Ward Street . (J ) Garfield Avenue between Edwards Street and Goldenwest Street . (k) Goldenwest Street between McFadden Avenue and Slater Avenue. (1) Gothard Street between Edinger Avenue and Warner Avenue . (m) Graham Street between Bolsa Avenue and Edinger Avenue . (n) Huntington Street between Adams Avenue and Yorktown Avenue . (o) Magnolia Street between Heil Avenue and Pacific Coast Highway. (p) McFadden Avenue between Graham Street and Golden- west Street. (q) Springdale Street between Edinger Avenue and north city limits . (r) Ward Street between Yorktown Avenue and Garfield Avenue . ti~ `r �b 22 . X / (s) Warner Avenue between Magnolia Street and Pacific Coast Highway. 87 . Section 6176 is added to read: S. 6176. FIFTY M.P .H. PRIMA FACIE SPEED LIMIT. Upon the basis of an engineering and traffic survey of the portions of streets hereinafter set forth, the City Council does hereby determine and declare that the prima facie speed limit of sixty-five (65 ) miles per hour is more than is reasonable and safe; that a speed of fifty (50) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe ; and that the prima facie limit of speed on portions of the following streets shall be and is fifty (50 ) miles per hour: (a) Bolsa Avenue between Bolsa Chica Street and Springdale Street . (b) Bolsa Chica Street between Rancho Road and Edinger Avenue. (c) Brookhurst Street between Hamilton Avenue and Pacific Coast Highway . (d) Goldenwest Street between Slater Avenue and Mansion Avenue . l 88 . Section 6177 is added to read: S. 6177. SPEED LIMITS ON STATE HIGHWAYS . The State of California has established the following prima facie speed limits: (a) The speed limit on Pacific Coast Highway from 160 feet south of 12th Street to 800 feet north of Huntington Street is thirty-five (35) miles per hour. (b) The speed limit on Pacific Coast Highway from the north city limits to 800 feet south of Warner Avenue is forty (40) miles per hour. (c) The speed limit on Beach Boulevard from the north city limits to 320 feet south of Holland Drive is forty-five (45 ) miles per hour. (d) The speed limit on Pacific Coast Highway from 150 feet south of 20th Street to 160 feet south of 12th Street is forty-five (45) miles per hour. (e ) The speed limit on Pacific Coast Highway from 800 feet north of Huntington Street to 900 feet south of Beach Boulevard is forty-five (45) miles per hour. 23. X , (f) The speed limit on Beach Boulevard from 320 feet south of Holland Drive to 300 feet south of Indianapolis Avenue is fifty (50) miles per hour. (g) The speed limit on Pacific Coast Highway from 6,200 feet north of Goldenwest Street to 150 feet south of 20th Street is fifty (50) miles per hour. (h) The speed limit on Beach Boulevard from 300 feet south of Indianapolis Avenue to Pacific Coast Highway is fifty- five (55) miles per hour. (i) The " speed limit on Pacific Coast Highway from 800 feet south of Warner Avenue to 6,200 feet north of Golden- west Street is fifty-five (55 ) miles per hour. (J ) The speed limit on Pacific Coast Highway from 900 feet south of Beach Boulevard 'to the south city limits is fifty-five (55 ) miles per hour. 89 . Section 6325 is amended to read: S. 6325 . SAME. COMMERCIAL VEHICLES AND TRAILER PARKING PROHIBITED. No person shall park and leave standing any truck, tractor, trailer, bus , house car, or any commercial or other vehicle with a manufacturer' s rated capacity greater than three-quarter ( 3/4 ) ton, or any item of farm machinery or special purpose machine , or any house trailer, for a period of 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 parked. 90. Article 662 is hereby repealed. 91. Section 6551 is amended to read: S. 6551 . COLLECTION OF COINS FROM METERS. It shall be the duty of the City Treasurer 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 City Treasurer. . 92. Section 6552 is amended to .read: S. 6552 . PARKING METER FUND. It is the duty of the City Treasurer to count the money and to 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 . �� 24 . 93. Section 7011 is amended to read: S. 7011 . 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 within a vehicle other than a house trailer, motorhome, or camper designed for living purposes. 94. Section 7141 is hereby repealed: 95 . Section 7511.15 is amended to read: S. 7511. 15. CLIMBING ON RAILS OF MUNICIPAL PIER OR BRIDGES. No person shall sit , walk or balance on the rails of the municipal pier or public bridges or climb upon, over or under such rails , or sit , walk, balance or climb upon or over any cement walls which may be adjacent to such rails . 96. Section 7511. 23 is amended to read: 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 instrument, phonograph, loudspeaker, sound amplifier or other machine or device for producing or re- producing of sound upon the beach, pier, beach service road or municipal parking lot, at such a volume as to unreasonably disturb the peace , quiet and comfort of 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 7554 . 97. Section 7910. 2. first paragraph, is amended to read : 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 eighteen (18 ) years of age . If such application indicates that the sponsor of such parade is an organization, the application shall be prepared, signed, verified and filed by an officer of such organization, who. is not less than eighteen (18) years of age . 98. Section 7913 (c ) is amended to read: S. 7913. 25. V D (c) That the permittee has not provided for the services of monitors , who must be over eighteen (18) years of age, to control the orderly conduct of the parade in con- formity with such permit ; and 99. Section 7914 (1) is amended to read: S. 7914 . (i) The number of persons over, the age of eighteen (18) years required to monitor the parade; 100 . Section 8110 is added to read: S. 8110. TITLE OF CODE. This building code shall be known as and referred to as the Huntington Beach Building Code . 101. Section 8120 is added to read: S. 8120 . TITLE OF CODE. This housing code shall be known as and referred to as the Huntington Beach Housing Code . 102 . Section 8140 is added to read: S. 8140. TITLE OF CODE. This swimming pool code shall be known as and referred to as the Huntington Beach Swim- ming Pool Code . 103. Section 8210 is added to read: S. 8210. TITLE OF CODE. This electrical code shall be known as and referred to as the Huntington Beach Electrical Code . 104 . Section 8310 is added to read: S. 8310. TITLE OF CODE. This mechanical code shall be known as and referred to as the Huntington Beach Mechanical Code. 105 . Section 8410 is added to read: S. 8410 . TITLE OF CODE. This plumbing code shall be known as and referred to as the Huntington Beach Plumbing Code . SECTION 2 . This .ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- Ile 26. 40 paper, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of August , 1974 . ATTEST: Mayor City Clerk APPROVED AS TO CONTENT : APPROVED AS TO FORM: City Administrator City Attorne 27 . b