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(12) 11/17/97 - Council/Agency Agenda - Page 12
G. Ordinances
G-1. Ordinance For Adoption -Neae
G-1A. (City Council)Adoption Of Ordinance No. 3360-Zoning Text Amendment No. 95-6 Sign
- Code Rewrite- (420.35) Adopt Zoning Text Amendment No. 95-6 and Ordinance No. 3360,
Attachment No. 1 to the Request for Council Action dated November 3, 1997- "An Ordinance of
the City of Huntington Beach Amending the Zoning and Subdivision Ordinance by Amending
Chapter 233 thereof Relating to Signs." (Introduction, as amended, approved on
November 3, 1997.)
Recommended Action: After City Clerk reads by title, adopt Ordinance No. 3360.
[Adopted -- 7-0]
G-2. Ordinances For Introduction -Also, See Item D-1.
G-2A. (City Council)Approve Introduction Of Ordinance No 3380 Changes To City Wide Speed
Limit Ordinance On Streets & Highways (580.60) -Approve introduction of Ordinance
No. 3380- "An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the
Huntington Beach Municipal Code Pertaining to Speed Limits On City Streets." Report from
,/L Public Works Director submitting list of streets and highways for which changes in speed limits are
recommended.
Recommended Action: After City Clerk reads by title, approve introduction of Ordinance
No. 3380, by roll call vote.
[Approved Introduction as amended to remove Heil Avenue -- 7-0]
G-3. Urgency Ordinance
G/-3"(City Council)Adopt Urgency Ordinance No 3379 -Establishing A Zero Tolerance
Enforcement Policy On Dog Beach -(640.10) Communication from the Community Services
Director recommending that Council approve an amendment to the fiscal year 97/98 budget to
.n appropriate$5,317 for the purposes of hiring a recurrent Park Ranger and purchase of additional
�J jt signs, bags, dispensers (for curbing) dogs, and trash cans for Dog Beach and the Bluff Top Park
P s area adjacent to this section of Beach. It is also recommended that Council determine that there
are serious public health concerns which create an emergency situation mandating immediate
passage of Urgency Ordinance No. 3379 -An Urgency Ordinance of the City of Huntington
Beach Amending Chapters 13.08 and 13.48 of the Huntington Beach Municipal Code Pertaining
to Curbing Dogs." To curb dogs on the beach and in parks.
Recommended Action: Motion to:
Five Votes Required For Adoption
4.—
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[Defer to the Acting City Administrator to review and return at his
pleasure, to Council with alternative actions/revenue sources -- 7-0]
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ATTACHMENT # 3 .....
Ordinance No. 3379
LEGISLATIVE DRAFT
Chapter 13.48
PARKS -
Sections:
13.48.010 Definitions
13.48.015 Park Rangers
13.48.020 Unlawful acts
13.48.025 Signs
13.48.030 Vandalism
13.48.040 Public toilets
13.48.050 Littering
13.48.060 Vehicles operations--Parking
13.48.061 Vehicles--Speed
13.48.070 Animals
13.48.080 Boisterous conduct
13.48.090 Gambling
13.48.100 Vending and peddling
13.48.110 Alcoholic beverages
13.48.120 Games and activities
13.48.125 Safety regulations and signs
13.48.130 Curfew
13.48.140 Advertising
13.48.145 Camping
13.48.150 Violations--Penalty
13.48.155 Nuisance
13.48.010 Definitions. For the purposes of this chapter, the following terms shall have the
meanings as set forth herein, unless the content in which they are used clearly indicates a contrary
meaning:
(a) "Alcoholic beverages" means any and all spiritous, vinous, malt or fermented liquor,
liquids or compounds, whether medicated, proprietary, patented or not, and by whatever
name called, containing one-half of 1 percent, or more, of alcohol by volume which are
potable or fit as, or which may be used for beverage purposes.
(b) "Person" means any individual, firm, partnership,joint venture, association, social club,
fraternal organization, corporation or any other group acting as a unit.
(c) "Sound amplifying system" means and includes any system of electrical hookup or
connection, loudspeaker system or equipment, sound amplifying system and any
apparatus, equipment, device, instrument or machine designed for or intended to be used
for the purpose of amplifying sound or increasing the volume of the human voice, musical
tone, vibration, or sound wave. This definition shall not apply to the regular and
customary use of portable radios, televisions, record players or tape recorders played or
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operated in such places at such times so as not to disturb other persons in their permitted
uses of the park.
(d) "City" means the City of Huntington Beach.
(e) "Director" means the Director of the Community Services department or other person(s)
authorized by him, pursuant to law, to act in his stead. -
(f) "Department" means the Department of Community Services.
(g) "Park" includes every park recreation center, lake, pond or other body of water, riding and
hiking trail, parking lot and every other recreation facility owned, managed and/or
controlled by the City and under the jurisdiction of the Director.
(h) "Permission" means written permission, granted by the Director or his authorized agent.
(1246-10/66, 2451-11/80)
(i) "Skateboard Park" means any facility that is designed and maintained for the purpose of
recreational skateboard use. (3181-1/92)
(j) "Skateboard" means a board of any material which has wheels attached and such wheels
may be used for moving or propulsion. (3181-1/92)
13.48.015 Park Rangers. For the purpose of this chapter, all Park Rangers are designated
"limited power peace officers." Such Park Rangers shall have the authority to issue citations
and/or make arrests for violations of this chapter, pursuant to section 836.5 of the California
Penal Code. (2451-11/80, 2964-10/88)
13.48.020 Unlawful acts. It is unlawful for any person to do or commit, or for any person to
cause or permit to be done or committed within the boundaries of any public park within the City
of Huntington Beach, any act in the following sections. (1026-2/64, 1246-10/66)
13.48.025 Signs. No person shall fail or refuse to obey or comply with any notice or sign,
including warning, regulatory and road markings, placed by order of the Director for the safety or
control of persons, vehicles or animals. No person shall wilfully refuse to follow or comply with
any lawful order or direction given by a department employee. (2451-11/80)
13.48.030 Vandalism. No person shall wilfully cut, break, injure, deface, disfigure, mark or write
upon, paint, carve, burn, tamper with, attach rope or wire to, displace or remove any tree, shrub,
plant, turf, rock, sand, soil, wood, building, fence, table, bench, barbecue unit, pole, light,
playground apparatus, bridge, railing, paving material, fountain, trash receptacle, waterline or
other public utility, part or appurtenance thereof, sign, notice or placard, whether temporary or
permanent, monument, stake, post or other boundary marker, equipment, tools, implements,
materials, any structure or park facility whatsoever, either real or personal. (1026-2/64, 1246-10/66,
2451-11/80)
13.48.040 Public toilets. No person shall fail to cooperate in maintaining public toilets in a neat
and sanitary condition nor shall any person loiter in or about any public toilet or enter any public
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7/legl 348/11/6/97
toilet designated for the opposite sex except that this provision shall not apply to persons under
five years of age that are accompanied by a parent or guardian. (1026-2164, 1246-10/66, 2303-9/78)
13.48.050 Littering. No person shall deposit, throw, discharge or otherwise place any paper,
ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, rubbish, debris or any
substance, matter or thing, either liquid or solid in the waters of any fountain, pond, lake, stream,
bay or other body of water in or adjacent to any park or in or on the grounds of said park.except
in the proper receptacles where these are provided; nor shall any person within any park wash
eating or cooking utensils elsewhere than in the sinks provided for such purposes; nor shall any
person bring any such substance, except litter accumulated in the course of automobile travel, into
a City park for the purpose of disposal thereof in City park facilities. Where receptacles are not
provided, all such rubbish or waste shall be carried from the park by the person responsible for its
presence and properly disposed of elsewhere. (434-3/40, 511-5/47, 1026-2/64, 1246-10/66, 2451-11/80)
13.48.060 Vehicle operations--
(a) Parking. No person shall operate, drive, ride, park or leave standing any automobile,
truck, motorcycle, motor scooter, motorized bicycle, gocart or any other motor vehicle or
any other vehicle at any time in any park; provided, however, that the provisions of this
section shall not apply to those specific areas within any public park of the City which shall
have been regularly and lawfully set aside for the use of vehicles; and provided further that
the provisions of this section shall not apply to any vehicle used or owned by the City or
any vehicle to which a temporary parking pass has been issued by the City or any
commercial vehicle making lawful deliveries to or otherwise lawfully engaged in any
undertaking or enterprise within any public park of the City. No person shall park and
leave unattended any vehicle in areas other than those designated for parking. Vehicles
left unattended in any area, except those designated for parking, without permission, may
be towed away and stored by the City and said removal and storage costs shall be charged
to and paid by the owner prior to release. Nor shall any person ride or drive a bicycle,
skateboard or roller skates upon any tennis, handball, basketball, shuffleboard or
multipurpose court in a City park. (1246-10/66, 2451-11/80)
(b) Upon proof of valid California vehicle registration, proof of insurance as required by the
California Vehicle Code and proof of a valid driver's license, the operator of a vehicle may
be issued a temporary parking pass by the Director of Community Services or his
designated representative. The pass will entitle the holder to park or operate a vehicle
during short term use of park facilities. The pass must be displayed at all times on the
front dashboard of the vehicle or in a manner so that it is clearly visible through the
windshield.
13.48.061 Vehicles--Speed. No person shall operate any wheeled conveyance of any type in any
park at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum
speed limit when pedestrians are present shall be five (5) miles per hour. (2851-8/86)
13.48.070 Animals. No person shall ride, lead or let loose any cattle, horse, mule, goat, sheep,
swine, cat, dog, fowl or animal of any kind in a park except that it shall not be unlawful to have
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dogs, physically restrained by a leash not in excess of six (6) feet, or to ride horses on trails
specifically provided for them. No person shall permit a dog to be or remain unattended outside a
tent, camper or other enclosed vehicle between the hours of sunset and sunrise. No person shall
keep or permit to remain any dog which is noisy, vicious or dangerous or which disturbs other
persons within the boundaries of a park after such person has been directed by a park ranger to
remove such dog. No person shall trap, kill, injure, catch or maltreat any wild or domesticated
bird or animal; or destroy, remove or disturb any of the young or eggs of same, or permit_any dog
to pursue, trap, kill or wound any wild or domesticated bird or animal, except that the provisions
of this section shall not apply to City employees regulating animal populations that have been
declared a nuisance or hazard by the Director consistent with laws protecting such animals.
(434-3/40, 564-10/50, 1026-2/64, 1246-10/66, 2451-11/80)
No person having custody of any dog shall permit, either willfully or through
failure to exercise due care or control, any such dog to defecate or urinate
upon a public sidewalk or parkway comprising the area between the street and
sidewalk, unless said person immediately removes from the area, any matter
deposited by the animal.
13.48.080 Boisterous conduct. No person shall maliciously or wilfully disturb the peace or quiet
of a park or of any person therein, by loud or unusual noises, or by indulging in riotous,
boisterous, threatening, indecent or offensive conduct, or by using abusive, profane, indecent or
vulgar language. No person shall, within any park, disturb in any manner any picnic, meeting,
services, concert, exercise or exhibition. No person shall play or utilize any sound-amplifying
system within or upon any park or facility not set aside for such purpose by the City Council or
the Director. (434-3/40, 511-5/47, 1026-2/64, 2451-11/80)
13.48.090 Gambling. No person shall gamble or engage in gambling. (1246-10/66)
13.48.100 Vending and peddling. No person shall expose or offer for sale any article or thing
nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any
such article or thing except by written permission from the Director. No person shall give, set up
or maintain any exhibition, show, performance, concert, lecture, entertainment or similar activity
without written permission to do so from the Director. No person shall for profit offer sports
camps, sports lessons or other similar activity on park property without the written permission of
the Director. (434-3/40, 511-3/47, 1026-2/64, 1246-10/66, 2451-11/80, 28244/87)
13.48.110 Alcoholic beverages No person shall any alcoholic beverage of any kind whatsoever,
except when attending a function operating under an alcohol permit issued in accordance with
Chapter 9.84 of this code. No intoxicated person shall enter, be or remain in any park. (1026-2/64,
20434/76, 2451-11/80)
13.48.120 Games and activities. It is unlawful for any person to take part in or abet the playing
of any activity which endangers the health, safety or welfare of the participant or any person
whomsoever in any park, except on fields and courts or areas specifically provided for such games
or activities or areas designated for such games and activities by the City Council or Director.
Such games and activities shall include, but shall not be limited to, the following:
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Po,"
Council/Agency Meeting Held:T,1,9-7
eferred/Contined two:
❑Approved ConditionWIIA:Pidr���W!f' ❑ 'D d 24e0 City C rk's Signature
Council Meeting Date: 11/1797 Department ID Number: CS 97-054
CITY OF.HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, Acting City Administrator#La/
PREPARED BY: RON HAGAN, Director, Community Service
SUBJECT: ESTABLISH A ZERO TOLERANCE ENFORCEME T POLICY ON DOG
BEACH
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City Council establish a zero tolerance enforcement policy
on Dog Beach?
Funding Source: General Fund Unappropriated Fund Balance
Recommended Action: Motions to (1) approve an amendment to the FY97/98 budget to
appropriate $5,317 for the purposes of hiring a recurrent Park Ranger and purchasing
additional signs, bags, dispensers (for curbing) dogs, and trash cans for Dog Beach and the
Bluff Top Park area adjacent to this section of beach; and, (2) City Council finds and
determines serious public health concerns exist which create an emergency situation
mandating immediate passage of this ordinance to curb dogs on the beach and in parks (five
affirmative votes by City Council required for emergency ordinance).
Alternative Action(s):
1. Close Dog Beach.
2. Continue allowing dogs on dog beach and the park area without enforcing city
ordinances.
Analysis: Dogs are not allowed on the beach except between Goldenwest Street and
Seapoint Avenue where they must be on a six foot leash. As is required in all other public
areas of the city, owners must pick up after their dogs on dog beach. Leashed dogs are also
permitted in all city parks. The Police Department and the Marine Safety Operation of
Community Services have expressed concern regarding the health and safety issues at the
beach caused by unleashed dogs and dog feces. Not only are dog owners not picking up
their dogs' feces on dog beach, but there also continue to be incidents of dog fights and
(; 3
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/1797 DEPARTMENT ID NUMBER: CS 97-054
dogs biting people. In addition, dogs are let off their leashes, creating a potential for dog
bites.
There is insufficient police or lifeguard staff to properly enforce dog violations in this area.
The Community Services Commission discussed this issue at its October 8 meeting, and
recommended a ninety day trial period of strict enforcement and "zero tolerance" on dog
beach. There would be no warnings, only citations issued for any violation of dog related
ordinances regarding curbing and leashing. This would apply not only to dog beach, but
also the adjacent park area above the beach. To properly inform the public, signs with
graphics and city code sections would be posted on the park and beach. Additional bag
dispensers would be purchased and installed as well as additional trash cans placed in the
area. A recurrent ranger or lifeguard would be stationed on weekends at the area to cite all
violators of the dog related ordinances.
Trial Period Expenses:
Signs (25 signs): $2,000
Trash cans: 500
Doggie bag dispensers and bags: 1,700
Recurrent Ranger/Lifeguard (weekends): 1,117
(16 hours per weekend x nine weekends x$10.80 per hour)
TOTAL $5,317
The enforcement program would be in effect January, February and March, 1998. At the
end of the ninety day period, an evaluation will be made by the Community Services
Commission as to the effectiveness of this program with a recommendation to Council as to
long term action.
The city by reference has adopted the Orange County code regarding dogs. Unfortunately,
this section of the code refers to county, not city property. To clarify the city needs to pass
an ordinance indicating the need to curb dogs on land under city jurisdiction in order to
properly cite violators. Due to the health and safety issues raised by the Police Department,
with concurrence from the Community Services Department, this dictates and emergency
condition and an ordinance needs to be adopted immediately. By passing this emergency
ordinance as presented, a second reading will not be necessary. The ordinance will go into
effect immediately and will apply to the beach and parks. Five affirmative votes by City
Council are required to pass an emergency ordinance.
Environmental Status: Not Applicable
0028207.01 -2- 11/10/97 2:47 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/1797 DEPARTMENT ID NUMBER: CS 97-054
Attachment(s):
City Clerk's
• . . - NumberDescription
1. Police Department Memo
2. Emergency Ordinance `4.3371?
3. Beach and Park Ordinance--Legislative Draft
4. Location Ma
RCA Author: Hagan/Engle
0028207.01 -3- 11/10/97 2:47 PM
ATTACH ..
..
ME NT # 1..................
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: . RONALD E. LOWENBERG
CHIEF OF POLICE -
FROM: C. POE, CAPTAIN
UNIFORM DIVISION COMMANDER
SUBJECT: DOG BEACH
DATE: September 30, 1997
1 had the opportunity to patrol the beach over Labor Day Weekend with the Beach
Detail. During this time I went to the area of "Dog Beach" with Sgt. Stuart. Even
though he warned me that there was dog feces everywhere, I was still not prepared
for what I saw.
To say there is a lot of dog feces at the "Dog Beach" is an understatement. The
parking lots, the bike paths, and the grass areas on the bluffs overlooking the "Dog
Beach"were covered with piles of dog feces. I had to pay more attention to avoiding
these piles than`to where I was headed.
When we went down on the beach, it was just as bad. I was appalled that so many
inconsiderate dog owners would let their dogs crap on the beach and not have the
decency to pick it up. This must be some sort of health hazard or health violation.
In addition to this problem, I noticed that most of the people with dogs did not have
them on leashes. I suppose the leash violators could be stopped if the Beach Detail
spent all their time there everyday, however, we are needed on the entire beach for
other, more serious violations.
I just read in Mr. Uberuaga's Weekly Report that two people were bit by dogs, not
on leashes, at "Dog Beach," and also a dog, not on a leash, attacked and killed
another dog.
The "Dog Beach" might have been a good idea if those using it could be trusted to
obey the law, but that is obviously not the case. The "Dog Beach" and surrounding
bluff top area is a mess. In my opinion, the "Dog Beach" is a lot more trouble than it
is worth. It would take full time officers patrolling "Dog Beach" 24 hours a day to
reduce these violations and we simply do not have the time or staffing to do it.
It is my strong recommendation that we look into eliminating "Dog Beach."
CRP:bmr
ATTACHM...
ENT #. .........
2 ..........
Urgency ORDINANCE NO. -- 3379
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTERS 13.08 AND 13.48 OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO CURBING DOGS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1 That Chapter 13.08 of the Huntington Beach Municipal Code is here by
amended by amending Section 13.08.070, said section to read as follows:
13.08.070 Dogs and other animals.
(a) No person having the care, charge or control of any dog or pet or domesticated
or wild animal or reptile, shall permit or allow said dog, pet, domestic ed or wild
animal or reptile to be, under any circumstances or conditions, on alf upon the
municipal pier, or upon the public beaches in the City; except t upon those
beach areas located north of the line created by extending th northern line of
22nd Street to the Pacific Ocean, dogs constrained by a le sh no longer than
six (6) feet in length are permitted.
(b) No person having custody of any dog shall permit, e' er willfully or through
failure to exercise due care or control, any such dg, to defecate or urinate
unless said person immediately removes any anj'rhal deposits from the area.
This section shall apply to all beach areas withiYut exception.
SECTION 2 That Chapter 13.48 of the Huntington Beach Municipal Code is here by
amended by amending Section 13.48.070, said ection to read as follows:
13.48.070 Animals. No person shall ide, lead or let loose any cattle, horse, mule,
goat, sheep, swine, cat, dog, fowl or animal of any kind in a park except that it shall not
be unlawful to have dogs, physical�) restrained by a leash not in excess of six (6) feet,
or to ride horses on trails specifically provided for them. No person shall permit a dog
to be or remain unattended outsi e a tent, camper or other enclosed vehicle between
the hours of sunset and sunrise No person shall keep or permit to remain any dog
which is noisy, vicious or dang rous or which disturbs other persons within the
boundaries of a park after sua person has been directed by a park ranger to remove
such dog. No person shall tr,4p, kill, injure, catch or maltreat any wild or domesticated
bird or animal; or destroy, r {{grove or disturb any of the young or eggs of same, or
permit any dog to pursue, t ap, kill or wound any wild or domesticated bird or animal,
except that the provisions f this section shall not apply to City employees regulating
animal populations that h ve been declared a nuisance or hazard by the Director
consistent with laws prot cting such animals.
No person having cust dy of any dog shall permit, either willfully or through failure to -
exercise due care or c ntrol, any such dog to defecate or urinate upon a public
sidewalk or parkway c mprising the area between the street and sidewalk, unless said
person immediately r moves from the area, any matter deposited by the animal.
7/k/ordinance/1308(48)/11/7/97 '
Ord. 3379
SECTION 3. The City Council finds and determines serious public health concerns
exist which create an emergency situation, mandating immediate passage of this ordinance
PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE by the City Council of
the City of Huntington Beach at a regular meeting held thereof on the day of
31997.
ATTEST: Mayor
APPROVED S TO FORM:
City Clerk
REVIEWED AND APPROVED /��Q/ ity Attorney
C.E�A-•2 �.,.�.�t INITIATED AND APP VE1
City Ad inistrator - A , ,
it71A., 7 7
t r o Com pity M rvice
3
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7/k/ordinance/1308(48)/11/7/97
Ordiance No -33 7
LEGISLATIVE DRAFT
Chapter 13.08
BEACH REGULATIONS
Sections:
13.08.010 Unlawful acts
13.08.020 Defacing and/or destroying public property
13.08.030 Littering
13.08.040 Dangerous objects in bathing area
13.08.050 Camps prohibited
13.08.060 Fires
13.08.070 Dogs and other animals
13.08.080 Soliciting
13.08.090 Alcoholic beverages--Possession
13.08.100 Alcoholic beverages--Permits--Terms
13.08.110 Alcoholic beverages--Permits--Revocation or suspension
13.08.120 Hazardous water sports
13.08.130 Hazardous articles
13.08.140 Beach games and practices
13.08.150 Digging
13.08.160 Spear Guns
13.08.170 Jumping from municipal piers and public bridges
13.08.180 Climbing on rails of municipal pier or bridges
13.08.190 Climbing on lifeguard stations
13.08.200 Leaving hazardous objects
13.08.210 False alarms
13.08.220 Interfering with lifeguard
13.08.225 Interfering with park ranger
13.08.230 Causing object to reflect
13.08.240 Curfew
13.08.250 Fireworks
13.08.260 Electrical outlets
13.08.270 Speaker systems
13.08.280 Vehicles--Regulation
13.08.285 Definition- Wheeled Conveyance
13.08.290 Exceeding speed limit
13.08.300 Delivering concessions
13.08.310 Parking
13.08.320 Traffic control signs
13.08.330 Removal of sand
13.08.340 Glass containers on beach
13.08.350 Beach and ocean closure - Authority
13.08.010 Unlawful acts. It is unlawful for any person to do or commit, or for any
person to cause or permit to be done or committed within the boundaries of any beach,
within the City limits, owned, operated, controlled or formed by the City Council of the
City of Huntington Beach, any acts in the following sections.
13.08.020 Defacing and/or destroying public property. No person shall cut, carve, hack,
remove, deface or otherwise injure any fence, post, toilet, lavatory, restroom, building,
sign or other structure, or to place writing upon the interior or exterior of any fence, post,
1
legislative draft/1308/11/7/97
toilet, lavatory, restroom, building, sign or other structure therein, any initial, name
writing, printing, drawing or vulgar, profane or obscene word or picture.
13.08.030 Littering. No person shall deposit or discard or leave any handbill, bottle, can
or rubbish or trash or debris on the beach or in the Pacific Ocean, other than in those
receptacles provided for such purpose, or to deposit in any commode or urinal in any
public toilet any newspaper, rag, part of clothing or any item likely to clog said commode
or urinal. This section shall not be interpreted to prohibit distribution of any
constitutionally protected material.
13.08.040 Dangerous objects in bathing area. No person shall throw, cast, deposit or
cause to be thrown, cast or deposited on the beach of the Pacific Ocean, below the high
tide line in this City, any glass, bottles, tin cans, nails, rubbish, trash or any article
whatsoever that is or may become a menace to life or limb to any person or bather in said
ocean or on said beach.
13.08.050 Camps prohibited. No person shall maintain any camp or occupy the same at
any place on the beach of the Pacific Ocean within the City except by special permit issued
by the Director of Community Services.
13.08.060 Fires. No person shall light, kindle, set or maintain fires or coals thereon,
except in the fire rings provided therefor.
13.08.070 Dogs and other animals.
(a)No person having the care, charge or control of any dog or pet or domesticated or
wild animal or reptile, shall permit or allow said dogYine
pet domesticated or wild animal
or reptile to be, under any circumstances or conditon or upon the municipal pier,
or upon the public beaches in the City; except that those beach areas located
north of the line created by extending the northernf 22nd Street to the Pacific
Ocean, dogs constrained by a leash no longer than six (6) feet in length are permitted.
(b)No person having custody of any dog shall permit, either willfully or
through failure to exercise due care or control, any such dog to
defecate or urinate unless said person immediately removes any
animal deposits from the area. This section shall apply to all beach
areas without exception.
13.08.080 Soliciting. No person shall engage in the business of soliciting, selling or
peddling any liquids or edibles for human consumption, or to distribute circulars, or to
hawk, peddle or vend any goods, wares or merchandise except pursuant to a permit issued
under the authority of the Director of Community Services.
13.08.090 Alcoholic beverages--Possession. Except as hereinafter provided, no person
shall, on or upon the beach or pier within the City limits of Huntington Beach consume,
sell, purchase, give away or have in his possession any alcoholic beverage, or transport or
deliver to any person or persons therein any alcoholic beverage.
13.08.100 Alcoholic beverages--Permits--Terms. The City Council may grant permits for
the sale and consumption of alcoholic beverages under the following terms and conditions:
(a) The kind or kinds of permitted alcoholic beverages shall be named in the permit.
2
legislative draft/1308/11/7/97
ATTACHMENT #4
y4 S�Yi
-- ZONING INDEX MAP
9-5-11 10-5-11
DM 9 DMII
LEGEND.
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19-6-10-SECTION-TOWNSHIP-RANGE
�0 16- -11 15- -II 14- 11 DM 22-DISTRICT MAP 22
DM 18��� D 17 DM 15
4-5-12 19-5-11 c 0-5-11 21- -11 22-5-11 2 -5-11 24- 1
DM 2 DM 21 DM. DM24 D 25 .�S DM 27
30-5-11 a 29-5-11 2 ` ,41 27- -II 2 -5-11 25- -11 _
/M 35 DM 34 ��DM33 a p 32 M31 DM 0
S
F "�n32-5\'II 33-5-II � �3a«II 35-5-i1 36-5-II
DM 36 DM 37 = (b 38 �9 39 DM 40
5-6-11 ->�' " 3-6-11 2-46-11 1-6-11 6-6-10 54-10
DM4 `\ DM3 2D I D 6 DM
1 z
DOG BEACH 9 6-II 0-6-II II- -II 12K6-11 7-6-10 8-6-10
DM10 DM DM12 DM13 DM7 DM8
13-6-11 18-6-10 17-6-10
CITY OFUDNC14 DM20 DM19
HUNTINGTON BEACH �2 -
ORANGE COUNTY CALIFORNIA /
24-6-I 19-6-I0
DM29 D b22/
GEo
PLGNNINING COMMISSION RE
CITY COUNCIL-OFOIN<NCES NO NO 824 BN
1 ' or i•
A .y
Martin Senat
228 Springfield Suite B
Huntington Beach, Ca 92648
email; GreenBarnl@aol.com
(71 4)536-3031 (714)841 -9307
FAX 714-536-0029 G
1 1 /1 4/97 .� z
c-a rn
Letters to The Editor ;:=3 I-m
The Times, Orange County
1375 Sunflower Avenue
Costa Mesa Ca 92626
RE: ' Dog Beach is a Messy Nuisance' ( 'Independent' section 11/13/97)
SHAME ON YOU Tony Nichols on your article in the Independent section of 11/13/97
about the dog beach stating, " Just Close it". I noted that you have enjoyed a dozen years
of jogging along PCH, and perhaps if you had returned just a minute portion of your
pleasure to the Huntington Beach Community Services - who take care of that area - and
who are always in need of volunteer help- you would have become one of the kind
persons(who love animals) that devote many hours in preserving one of Huntington
Beach's happy places! Your article was most unkind, and it seems you are not one of
those people.
I speak with knowledge. More than five years ago I volunteered my services to Huntington
Beach Community Services to care for this dog beach., and am an ' official' volunteer.
Each day, that is every day, 365 days a year- two or three times a day- I am on that
beach supplying dog bags and other duties that are needed, including keeping an eye out
for any possible problems ( dead fish washed up, broken railings, no toilet paper, ect)
that I report to either the lifeguards on duty, the Community Services Department, or if
need be, the police.
[displaying
five years, I have never ever seen a dog 'mess' on the pathway- that is where you jog
owever, there are a few 'messes' on the grass, that disappear when the grass is cut.
wever, in the past weeks the City have installed a number of new dog dispensers along
H from Goldenwest to Beach 22, the dog Beach. They are refilled daily ( by myself),
d signs are in the making that will be installed shortly near those dog dispensers,
the bags and warning of a fine. There has been a marked improvementce the dispensers were installed. iust about four weeks ago.
I would also mention that the outhouse(s) are also under my wing. Almost everyday
people have urinated on the floor of the outhouse -would you have the City now close the
beach to surfers and joggers who use it? I think not.
You are right Mr Nichols that there is always someone who either doesn't obey common
sense laws or just doesn't care. I can assure you ( and I know almost everyone - as they
know me ) that the percentage is very low, far less than one percent, and it is to those
persons that we need direct our attention, not at the other tax paying dog lovers ! I am
sure that at some time you have received a parking ticket, or even a speeding fine, but
have never had your car confiscated for those reasons. It is no different for dog lovers -
they deserve the same rights, and the same enforced rules, without the beach being
confiscated.
[by
nderstand that the City are contemplating having a ` park ranger' patrol that area,
d I feel it is an unecessary expense with the new dog dispensers and signs being made,
d with that whole area already monitored and perused by the Orange County Animal
ntrol - who by the way do a fine job. I just don't feel that a park ranger is necessary
r the very few visitors who might abuse the beach, particularly in January or
bruary as has been suggested. However, if approved, perhaps some of the fines
llected will be plowed back in improving the area - replacing broken railings caused
surfers taking short routes to the sea, and perhaps replacing night lighting
erlooking the beach, that are not in working order.
There's one thing I cannot let go untouched. You talk about dogs chasing `poor' shorebirds.
I would prefer not to be unkind, but you haven't got one iota of understanding of what you
are talking about! I train and breed dogs, horses, and birds, and dogs enjoy chasing
birds - as birds enjoy teasing dogs! Each day, I watch the same dogs chase the same
birds-the birds know the dogs and fly with them and come back each day to tease them!
Your comments are without foundation Mr Nichols - but perhaps that is your purpose -
to close the beach.
Of course I agree with you that dogs should not be on a `long' leash - the actual law is a
maximum of 6 feet, and almost all dog owners stay within the rule. I can understand that
when a dog is walking along the path ` uptop ` minding his own business and a jogger
comes up behind him, most dogs would take fright and even bark. I would hope that the
jogger would avoid jogging too close to a dog, but then some joggers are not well endowed.
( No offence meant Mr Nichols). To my knowledge, there has never been a jogger/dog
accident on the pathway, at least in the past five years.
1 hope that I have been even handed here in setting out reasons why our dog beach is not
only a place for our dogs but also a meeting place for super nice ( animal) people and of
course their families. It would be a great injustice to contemplate closing our beach
because of a comparatively few selfish individuals. Perhaps one day soon you will join us
as the sun comes up and I will introduce you to some of the nicest people ( and dogs) you
have ever^m in your life - I hope so!
ThAk y u f i h ring me out.
Marti e
Huhti gton Beach
i, CITY OF HUNTINGI
2000 MAIN STREET CALIFORNIA 92648
COMMUNITY SERVICES DEPARTMENT
(714)536-5486
November 7, 1997
To Whom It May Concern:
This letter confirms that Martin Senat has been a volunteer for the City of
Huntington Beach for five years. Mr. Senat has taken care of the beach
area at Tower#22 known as "dog beach' supplying dog bags and taking car
of other needs that are required.
Throughout this period, Mr. Senat has worked with his dogs "Kemper" and
"Montana" at his side. I have personally visited with both dogs many times
and can vouch that they are kind and well behaved animals that are loved by
dozens of beachgoers who see them daily.
I would also like to add that Mr. Senat is a giving and generous person, and
the City of Huntington Beach is most grateful to him for his assistance.
Please do not hesitate to call me at (714) 536-5614 or send me a FAX at
(714) 374-9580 if further information is required.
Si rely,n ,
1
Tim Turner
Beach Maintenance Crewleader
Special Officer Badge #S-2
TT.kk
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Martin Senat
228 Springfield Suite B
Huntington Beach, Ca 92648
email; GreenBarnl@aol.com
(71 4)536-3031 (714)841 -9307
FAX 714-536-0029
11 /14/97
Letters to The Editor
The Times, Orange County
1375 Sunflower Avenue
Costa Mesa Ca 92626
RE: ` Dog Beach is a Messy Nuisance' ( `Independent' section 11/13/97)
SHAME ON YOU Tony Nichols on your article in the Independent section of 11/13/97
about the dog beach stating, " Just Close it". I noted that you have enjoyed a dozen years
of jogging along PCH, and perhaps if you had returned just a minute portion of your
pleasure to the Huntington Beach Community Services - who take care of that area - and
who are always in need of volunteer help - you would have become one of the kind
persons(who love animals) that devote many hours in preserving one of Huntington
Beach's happy places! Your article was most unkind, and it seems you are not one of
those people.
I speak with knowledge. More than five years ago I volunteered my services to Huntington
Beach Community Services to care for this dog beach., and am an ' official' volunteer.
Each day, that is every day, 365 days a year- two or three times a day- I am on that
beach supplying dog bags and other duties that are needed, including keeping an eye out
for any possible problems ( dead fish washed up, broken railings, no toilet paper, ect)
that I report to either the lifeguards on duty, the Community Services Department, or if
need be, the police.
Finfive years, I have never ever seen a dog `mess' on the pathway- that is where you jogowever, there are a few `messes' on the grass, that disappear when the grass is cut.wever, in the past weeks the City have installed a number of new dog dispensers along
PCH from Goldenwest to Beach 22, the dog Beach. They are refilled daily ( by myself),
Land signs are in the making that will be installed shortly near those dog dispensers,
playing the bags and warning of a fine. There has been a marked improvementce the dispensers were installed, iust about four weeks ago.
I would also mention that the outhouse(s) are also under my wing. Almost everyday
people have urinated on the floor of the outhouse -would you have the City now close the
beach to surfers and joggers who use it? I think not.
You are right Mr Nichols that there is always someone who either doesn't obey common
(;—J
sense laws or just doesn't care. I can assure you ( and I know almost everyone - as they
know me ) that the percentage is very low, far less than one percent, and it is to those
persons that we need direct our attention, not at the other tax paying dog lovers ! I am
sure that at some time you have received a parking ticket, or even a speeding fine, but
have never had your car confiscated for those reasons. It is no different for dog lovers -
they deserve the same rights, and the same enforced rules, without the beach being
confiscated.
[and
nderstand that the City are contemplating having a ' park ranger' patrol that area,
d I feel it is an unecessary expense with the new dog dispensers and signs being made,
with that whole area already monitored and perused by the Orange County Animal
ntrol - who by the way do a fine job. I just don't feel that a park ranger is necessary
r the very few visitors who might abuse the beach, particularly in January or
bruary as has been suggested. However, if approved, perhaps some of the fines
llected will be plowed back in improving the area - replacing broken railings caused
surfers taking short routes to the sea, and perhaps replacing night lighting
erlooking the beach, that are not in working order.
WWI
There's one thing I cannot let go untouched. You talk about dogs chasing `poor' shorebirds.
I would prefer not to be unkind, but you haven't got one iota of understanding of what you
are talking about! I train and breed dogs, horses, and birds, and dogs enjoy chasing
birds - as birds enjoy teasing dogs! Each day, I watch the same dogs chase the same
birds- the birds know the dogs and fly with them and come back each day to tease them!
Your comments are without foundation Mr Nichols - but perhaps that is your purpose -
to close the beach.
Of course I agree with you that dogs should not be on a 'long' leash - the actual law is a
maximum of 6 feet, and almost all dog owners stay within the rule. I can understand that
when a dog is walking along the path ' uptop ' minding his own business and a jogger
comes up behind him, most dogs would take fright and even bark. I would hope that the
jogger would avoid jogging too close to a dog, but then some joggers are not well endowed.
( No offence meant Mr Nichols). To my knowledge, there has never been a jogger/dog
accident on the pathway, at least in the past five years.
rl pe that I have been even handed here in setting out reasons why our dog beach is not a place for our dogs but also a meeting place for super nice ( animal) people and of
course their families. It would be a great injustice to contemplate closing our beach
because of a comparatively few selfish individuals. Perhaps one day soon you will join us
as the sun comes up and I will introduce you to some of the nicest people and dogs) you
have ever m in your life - I hope so!
Thank y• u f h ring me out.
y t
Marti e
Hunti gton Beach
.Jim CITY OF HUNTINGTONEACH
2000 MAIN STREET CALIFORNIA 92648
COMMUNITY SERVICES DEPARTMENT
(714)536-5486
November 7, 1997
To Whom It May Concern:
This letter confirms that (Martin Senat has been a volunteer for the City of
Huntington Beach for five years. Mr. Senat has taken care of the beach
area at Tower#22 known as "dog beach" supplying dog bags and taking car
of other needs that are required.
Throughout this period, Mr. Senat has worked with his dogs "Kemper" and
"Montana" at his side. I have personally visited with both dogs many times
and can vouch that they are kind and well behaved animals that are loved by
dozens of beachgoers who see them daily.
I would also like to add that Mr. Senat is a giving and generous person, and
the City of Huntington Beach is most grateful to him for his assistance.
Please do not hesitate to call me at (714) 536-5614 or send me a FAX at
(714) 374-9580 if further information is required.
Sin rely,
Tim Turner
Beach Maintenance Crewleader
Special Officer Badge #S-2
TT:kk
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