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Home My WebLink AboutADOPTION OF ORDINANCE 3778 DELETING HBMC SECTION 9.20 OF THE PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) am a Citizen of the United States and a CITY OF HUNTINGTON BEACH ; resident of the County aforesaid; I am LEGAL NOTICE over the age of eighteen ears, and not a ORDINANCE NO.3778 9 9 Y Adopted by,*e CityCalncll party to or interested in the below entitled on SEPTEMBER 17,2007 "AN ORDINANCE OF THE matter. I am a principal clerk of the CITY 'OF .HUNTINGTON HUNTINGTON BEACH INDEPENDENT, BEACH AMENDING CHAPTER 9.20 OF 'THE' HUNTINGTON BEACHf a newspaper of general circulation, M RELL N I C1 A L C 0 D E' ATING TO PUBLIC � printed and published in the City of DRESSING" SYNOPSIS: THE CITY COUNCIL; Huntington Beach, County of Orange, ADOPTED ORDINANCE NO., 3773 WHICH' State of California, and that attac y,ded AMENDED'CHAPTER9.20 OF THE .HUNTINGTON Notice is a true and complete co aS BEACH MUNICIPAL CODE copy, as TO "ADD, A SECTION WHICH SPECIFICALLY was printed and published ied In the ADDRESSED PUBLIC NU- DITY. WITH THE ADDI- Huntington Beach issue of Said TION OF THIS NEW SEC- TION, CERTAIN PARTS newspaper to wit the Issue(s) of: RE CHAPTER AN WERE REDUNDANT AND FOR THE SAKE OF. CLARITY, NEEDED TO BE DE- LETED. ' PASSED AND 'ADOPTED by the City Council of Se t embe r 2 7 2 O 0 7 the City.,of Huntington 1? et- ng held September ch at a regular 1e 17, 2007 by the following roll call vote: AYES: Bohr, �Carchio, Coerper, Green, Hansen, Hardy NOES:None ABSTAIN:None ABSENT-Cook. This ordinance is effec- tive 30 days after declare, under penalty of perjury, that adoption. CITY OF - the foregoing is true and correct. HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 Executed on JOAN L.FLYNN; September 27, 2007 CITY CLERK at Costa Mesa, California. Published Beach Independent pendent S ent Sepn tember 27,2007- 094-868 Signature RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Adoption of Ordinance Deleting HBMC Section 9.20.010 COUNCIL MEETING DATE: September 4, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached 19 Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not A plicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Ap licable ❑ Staff Report (If applicable) Attached ❑ Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO RDED Administrative Staff Deputy City Administrator (initial) City Administrator (initial) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: 07-9891KC 0A Council/Agency Meeting Held: - 0 Deferred/Continued to: - off' V( '0C I'll )iAp roved Conditi Wally A roved 0 Denied Cit41erk/Signaiyre Council Meeting Date: 9/4/07 Department ID Number: CA07-32 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGr y Attorney PREPARED BY: Jennifer McGr ity Attorney SUBJECT: Adoption of Ordinance Deleting HBMC Section 9.20.010 Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Council adopted Ordinance No. 3773 which amended Chapter 9.20 of the Huntington Beach Municipal Code to add a section which specifically addressed public nudity. With the addition of this new section, certain parts of Chapter 9.20 are redundant and for the sake of clarity, should be deleted. Funding Source: No funds are required. Recommended Action: Motion to: Adopt Ordinance No. 3778 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.20 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PUBLIC DRESSING. Alternative Action(s): Do not adopt Ordinance No. 3778 Analysis: Section 9.20.010-Dressing in Public Places should be deleted from Chapter 9.20. This section has the potential to create confusion and controversy as to interpretation of the newly added section (9.20.015) which bans nudity on any public land or private property open to public view. For the same reasons, Section 9.20.050-Nuisance should be modified to eliminate duplication of the newly added section. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/4/07 DEPARTMENT ID NUMBER: CA07-32 Strategic Plan Goal: Create an environment that promotes tourism to increase revenues to support community services and transform the city's economy into a destination economy. Environmental Status: N/A Attachment(s): NumberCity Clerk's Page • . 1. rdinance No. 3778 AN ORDINANCE OF THE CITY OF UNTINGTON BEACH AMENDING CHAPTER 9.20 OF THE UNTINGTON BEACH MUNICIPAL CODE RELATING TO UBLIC DRESSING. 2. Legislative Draft of Chapter 9.20 -2- 8/16/2007 11:05 AM ATTACHMENT NO . 1 ORDINANCE NO. 3778 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.20 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PUBLIC DRESSING The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 9.20 of the Huntington Beach Municipal Code is hereby amended by deleting Chapter 9.20.010 Dressing in Public Places. SECTION 2. That the first paragraph of Section 9.20.050 is hereby deleted, said section to now read as follows: 9.20.050 Nuisance. It shall be deemed a public nuisance for any person to urinate or evacuate his bowels on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park or other public place except in a public restroom. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of September , 200 7 May ATTEST: INITIATED AND APPROVED AS TO FORM: City Clerk REVIEW D AND APPROVED: �Y�-CityAhomey "G4 City Administr for 07-9 89/1 3 1 70 Ord. No. 3778 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 4th day of September, 2007,and was again read to said City Council at a regular meeting thereof held on the 17th day of September,2007,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Coerper, Green, Hansen, Hardy NOES: None ABSENT: Cook ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on September 27,2007. In accordance with the City Charter of said City Joan L. Flynn,City Clerk CU Clerk and ex-officio t7erk Deputy City Clerk of the City Council of the City of Huntington Beach, California ACHME NT - ATTNO . 2 ORDINANCE NO. 3778 LEGISLATIVE DRAFT Chapter 9.20 PROHIBITED PUBLIC CONDUCT (542-5149, 1935-11/74, 2992-4/89, Urg. Ord. 3192-4/93, 3215-12/93, 3289-8/95, 3412-3/99,3773-7/07) Sections: n 2n n 1 n Dfessing in pub lie rlaee., 9.20.015 Public Nudity 9.20.020 Human waste 9.20.030 Picketing of private residences 9.20.040 Trespassing on school grounds 9.20.050 Nuisance 9.20.010 Dr-essine in Publie Plagec. No per-sen shall dress or-undress for-the pur-pose ef puffing on of taking off a bathing gafmetA in ef upen any p4lie street, alley ef ather-publie plaee, 0 of within a vehiele ethef than a heuse tfailer-, motor-benae or-eamper-designed for-1' 1 g ptifpeses._(542 CIAO 1935 11/74) 9.20.015 Public Nudity. It shall be unlawful for any person over the age of nine years old to appear, bath, sunbathe, walk or be on any public park,playground, beach, or in the water adjacent thereto, or on any other public land, or on any private property open to public view from any public beach, playground,park, public place, or public right-of-way in such a manner as to knowingly and intentionally expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region, or expose the nipples and/or areola of the female breast except as necessary while engaging in breastfeeding. (3773-7/07) 9.20.020 Human waste. No person shall urinate or evacuate his bowels on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park, or other public place, except in a public restroom. (2992-4/89) 9.20.030 Picketing of private residences. In enacting this section, the City Council finds as follows: (Urg. Ord. 3192-4/93) (a) Protecting the well-being, tranquility, and privacy of the homes of residents of the City is a significant governmental interest. (Urg. Ord. 3192-4/93) (b) A special benefit of the privacy all residents enjoy within their homes is the ability to avoid intrusions and unwanted speech. (Urg. Ord. 3192-4/93) (c) Picketing which targets the dwellings of specific residents of the City is an inherent and offensive intrusion on residential privacy. (Urg. Ord. 3192-4/93) (d) Picketing before or about dwellings obstructs and interferes with the free and safe use of public sidewalks and public streets. (Urg. Ord. 3192-4/93) (e) The purpose of this section is to protect and preserve the well-being, tranquility and privacy of the home by ensuring the residents of the City are free from picketing directed specifically at them. (Urg. Ord. 3192-4/93) (f) This section is enacted for the further purpose of protecting the free and safe use of public sidewalks and streets. (Urg. Ord. 3192-4/93) 97-989/13169 1 It is unlawful for any person to engage in picketing within 300 feet of a residence or dwelling of any individual, where such picketing is focused or targeted against that residence, dwelling or individual. (Urg. Ord.3192-4/93, 3412-3/99) Violations of this section shall constitute a misdemeanor punishable by fine or imprisonment, or both. No fine imposed pursuant to this section for any single violation thereof shall exceed Five Hundred dollars ($500), nor shall imprisonment exceed six (6) months for each violation hereof and each day that any such separate violation continues shall constitute a separate violation. (Urg. Ord. 3192-4/93) 9.20.040 Trespassing on school row. No person shall enter posted school grounds without first obtaining permission from the administrative office of the school or school district, except for the following persons: (3215-12/93) (a) Students, currently enrolled at that school. (3215-12/93) (b) Teachers, staff members and other employees of the school district. (3215-12/93) (c) Service providers and vendors doing business with the school, including counselors. (3215-12/93) (d) Volunteers approved by the school. (3215-12/93) (e) Parents of students currently enrolled. (3215-12/93) (f) Law enforcement and other governmental employees and representatives having business at the school. (3215-12/93) (g) Attendees at school events that are open to the public,while those events are open and only in the area open for the event. (3215-12/93) (h) Attendees at authorized Civic Center Act functions. (3215-12/93) 9.20.050 Nuisance. it shall be deemed ., ,,blie ., e f..any o r to dress street,publie , It shall be deemed a public nuisance for any person to urinate or evacuate his bowels on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park or other public place except in a public restroom. (3289-8/95) 97-989/13169 2