HomeMy WebLinkAboutApprove for introduction Ordinance Nos. 4117, 4118, 4119, 41ORDINANCE NO.4117
G. "Civic Center" means the area in the City of Huntington Beach, County of
Orange bounded by Lake Street on the east, Yorktown Avenue to the north, Main
Street on the west, Utica Avenue on the south, and Park Street on the east and
south between Utica Avenue and Lake Street.
H. "Downtown Huntington Beach" means Districts 1, 2, and 3 of the Huntington
Beach Downtown Specific Plan, which are depicted below:
3 - LANO USES na pEV ELO PM ENT STAN DARDS
3.3— District I — Downtown C-- Mlxctl-lJ se
HUNTiNGTo N SPC<IFIC PLAN NO_ 5
DowNT PLAN yyy
xe D.vs, tee., I c
3 - LAND USES & DEVELOPMENT STANDARDS
3.3.2. District s - Visitor -serving Mixed -Use
HUNTINGTON 0-CH DOWNTOWN SPECIFIC PLAN NO. S
3-60 DO NTOWN IPICI FIC PLAN
occoDar 6, aoii
3
MV/MG:16-5399/152'738. doc/mv
ORDINANCE NO.4117
3 - LAND USES & DEVELOPMENT STANDARDS
3.3.3• District 3 — Visltor-serving Recreation
H'UNTINGTON BEACH DOWNTOWN SPECIFIC PLAN NO. 5
}70 DOWNTOWN SPECIFIC PLAN
October G, -1
I. "Enclosed Area" means an area which is substantially surrounded by a fence,
ditch, wall or other barrier so as to limit access to a relatively few points around
the area.
"Pier" means the appurtenance beginning at the intersection of Pacific Coast
Highway and Main Street on the Beach, which is a platform extending into the
Pacific Ocean and supported by piles or pillars.
K. "Pier Plaza" means the developed area on the each immediately north and south
adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking
Lots adjacent thereto.
L. "Public Place" means any of the following:
1. Any area inside a City or School District Building;
2. Any enclosed area outdoors which is owned or occupied by the City of
Huntington Beach and used for public purposes, or which is owned or
occupied by a public school district;
3.' Any unenclosed area outdoors, whether such area is publicly or privately
owned or occupied, to which the general public has access and to which,
by right or by express or implied invitation, the general public may resort
for business, pleasure, or other lawful purpose; this category includes, but
is not limited to, publicly owned open areas such as streets, sidewalks,
4
MV/MG:16-5399/152738.doc/mv
F. "City building" means any building which is owned or occupied by the
City of Huntington Beach or any of its Departments and which is used for
public pwoses.
G. "Civic Center" means the area in the City of Huntington Beach. County
of Orange bounded by Lake Street on the east. Yorktown Avenue to the
north. Main Street on the west. Utica Avenue on the south. and Park Street
on the east and south between Utica Avenue and Lake Street.
H. "Downtown Huntington Beach" means Districts 1.2. and 3 of the
Huntington Beach Downtown Specific Plan, which are depicted below:
3 --.. -.— S pEVELOPMENT STA.O—S
;. j:. �. pisC��ict Y .._ OX:rwrrtown Cxsr'e TVk{x¢.H3-17 ski
Mv:16-5399/152749
3- LAND USES & DEVELOPMENT STANDARDS
3.3.2 District a -Visit-serving Mixed -Use
HUrvTIN.4tON B£A CH OOW NTUWN 5 G<]FIC PLAN N ,
3-60 DOWNTOWN SPEGt FICPP
Ottotr¢r 6, sa»
3 - LAND USES & DEVELOPMENT STANDARDS
3-3.3. District 3 - Visitor -serving Recreation
H UN itNGTON 6E/�CN OOW NiOWN SPECIFIC PLAN NO..j
3-70 UV WN TOWN SP EC.I FCC PLAN.. -
OctoHar
4
MV:16-5399/152749
I. "Enclosed Area" means an area which is substantially surrounded by a
fence, ditch, wall or other barrier so as to limit access to a relatively few
points around the area.
J. "Pier" means the appurtenance beginning at the intersection of Pacific
Coast Highway and Main Street on the Beach, which is a platform
extending into the Pacific Ocean and supported by piles or pillars.
K. "Pier Plaza" means the developed area on the each immediately north
and south adjacent to the Pier bounded by Pacific Coast Highway and the
Beach Parking Lots adjacent thereto.
L. "Public Place" means any of the following:
1. Any area inside a City or School District Building:
2. Any enclosed area outdoors which is owned or occupied by the
City of Huntington Beach and used for public purposes, or which
is owned or occupied by a public school district:
3. Anv unenclosed area outdoors. whether such area is nublicly or
privately owned or occupied, to which the general public has
access and to which, by right or by express or implied invitation.
the general public may resort for business, pleasure, or other lawful
pose: this category includes, but is not limited to, publicly
owned open areas such as streets, sidewalks, parks, beaches, and
open areas that may be either public or privately owned, such as
entrance ways, alcoves, yards, and parking lots:
4. Any privately owned walkway, whether enclosed or unenclosed,
which is open to the general public and which, among its principal
urooses, serves to allow pedestrians to pass through or over the
premises, without regard to the pedestrian's destination:
5. Outdoor parking lots, whether publicly or privately owned, which
are adjacent to streets, sidewalks or other public places open to the
general public.
M. "Public Wav" means any public place or portion of a public place which
serves primarily for the movement of pedestrian, vehicular, or bicycle
traffic from one area to another: "Public Way' includes, but is not limited
to, streets, sidewalks, bicycle paths, covered or enclosed walkways for
pedestrians, and the portions of the Pier and Pier Plaza set aside for
pedestrian or vehicular traffic.
MV:16-5399/152749
N. "School district building" means any building which is owned or
occupied by a public school district and which is used for public purposes.
O. "Sidewalk" means that portion of a highway, other than the roadway set
apart by curbs, barriers, markings or other delineation for pedestrian
travel.
P. "Street" means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel. Street
includes highway.
" " 920 soma's or Vehme'es12.32.020 Loitering, Obstructing Free Passage, And
Sitting Or Lying Upon The Public Way
No
>
been in
the this
> or-
wher-e a sign of signs
posted
aeeordaiiee
with pr-ovisions of
ehaptef:,
shall fide,
operate, walk of p
that
sidewalk, street,
&f
etwb, efosswalk,
to hinder-
walloway area, mall
to
of
the
por-tion
ffee
of pfiva4e pfapei4y utilized
publie use,
of to efea4e any
so as
hazardous-eendit-ion
of: obstfuet unfeasonably
thefeen-(1625
3/71, 1784
passage
12/72)
of pedestrians
Except as provided in Section 12.32.025 no person. after first being warned by a law
enforcement officer, or where a sign or signs have been posted in accordance with this
Chapter, shall loiter, stand, sit or lie in or upon any Public Way, including any sidewalk,
street, curb, crosswalk, walkway area, mall or that portion of public or private property
utilized for public use; neither shall any person block nor obstruct, nor prevent the free
access to the entrance to any building open to the public.
IN ..
,
..
..
W:16-5399/152749
12.32.025 Fourth Of July Parade Viewing
A. No person shall place on any Public Way or Public Place, public property.
furniture, stakes, rope, ribbon, signs or anv other item used to reserve
areas for parade viewing before 7:00 a.m. on July 3rd.
B. No materials used to reserve areas of Public Way or Public Place shall
block or interfere with pedestrian or vehicular traffic. or block those
portions of sidewalks and streets used for the same prior to 6:00 a.m. on
July 4th.
C. Adhesive material, including adhesive tape, is prohibited for use in
reserving space for parade viewing. This prohibition includes, but is not
limited to, the use of tape or other adhesives on trees, poles and signs.
D. No person shall sell, lease, or rent any seat or space Public Way,
E. No person may use any area of the Public Way so as to interfere with any
person's viewing of the parade from a City authorized and approved
grandstand.
F. All materials used to designate a private viewing area as described in this
Section shall be removed by 3:00 p.m. on July 4th.
" 32 ^'^ E° MI2.32.030 Animals Or Vehicles
No person, after first being warned by a law enforcement officer. or where a sign or signs
have been posted in accordance with the provisions of this chapter, shall ride, operate.
walk or park any motorcycle, horse or other similar object or animal, in or upon anv
public or quasi -public sidewalk, street, curb, crosswalk, walkway area, mall or that
portion of private property utilized for public use, so as to hinder or to obstruct
unreasonablv the free passage of pedestrians thereon. or to create anv hazardous
condition thereon.
12.32.040 Suns
Signs posted as provided in this chapter shall conform to the following requirements:
A. Each sign shall not be less than 22 by 30 inches;
B. Colors of such signs shall be optional;
C. All signs shall be clearly visible to persons in restricted locations;
D. Signs shall have the word "WARNING" two inches in height, and all other lettering shall
be at least 5/8 inches in height;
E. Signs shall be posted every 100 feet;
MV:16-5399/152749
F. The following wording shall appear on each sign:
WARNING
Obstruction of pedestrian traffic in this area by persons loitering,
standing, sitting, lying or by riding, operating, walking or parking any
motorcycle, bicycle, horse or similar objects or animals is prohibited and
punishable as a MISDEMEANOR.
' 2.32.0450 12.32.050 Driving Over Unprotected Sidewalk
No person shall drive any wagon or other vehicle over, along or across any cement or other
improved sidewalk or curb unless planking is laid thereon in such manner as to protect such
sidewalk or curb. (69-11/10)
12.32.OW 12.32.060 Paved Sidewalk Crossing Excepted
The provisions of Section 12.32.050 shall not apply to the driving of vehicles over sidewalks or
curbs at places where cement or asphalt crossings are constructed across such sidewalks and
curbs. (69-11/10)
�.MIMMM
• . WE .,
A. "Aggr-essiye-manner-2appr-eaehing,
t ,- f ll i 0
speaking
to fear-
badily haFffl the
manner- as would eause
the
a fvasenable
per -son
in the
of eoffmission
immediate
of
i
efiminal aet upon
1 T.,,,..1 ing
per -son,
or-
.
upon pr-apeft�,
o t
;l,o t h
per-son's posses
„�s , ithe ,
0ntn
,
0 f king
z.
2. Continuing
another-
to
s ep
beg, ffam
e
asking,
has
Rtiye
0
e
of solieit alms
indie desire
a per -son after sueh pefson
to ,
made
negative
3. intentionally
bloeking
other
-wise ated
inteff�r-ing
not f4f:ibuto. a
the ffee
the
er- with
safe or- passage of
pefsen
solieita4iar,-
8
MV:16-5399/152749
pefsen in the situation of the pef:son solieited would pefeeive to be a thfeat of bodily
JAM
-
Mr
IN
•
•,
rris!�.
MV:16-5399/152749
MV:16-5399/152749
12.32.110 Conduct On Public Property, Monuments, Fountains And Lawns
No person, after having been notified by a law enforcement officer or private security
officer that he or she is in violation of the prohibition in this Section. shall:
A. Walk, stand, sit or lie upon any monument, vase, decorative fountain.
drinking fountain, bike rack, trash receptacle, median, fire hydrant, street -
tree planter, berm, utility cabinet, railing, fence, planter, or upon any other
public property not designed or customarily used for such purnoses:
B. Walk, stand, sit or lie upon any public lawn or planted area which is
posted with signs that forbid such conduct: or
C. Walk, stand, lie or skateboard upon any public bench.
D. No person shall bathe or wade in. swim, enter into. be present in. or
remain in, any public fountain or fountain open to the public. No person
shall willfully or knowingly permit any animal in his or her custody to
bathe or wade in, enter into, be present in, or remain in any fountain. No
person shall utilize the fountain water for cleaning of objects, belongings,
or personal items.
E. In Downtown Huntington Beach from 100 Main to 500 Main, no person
shall intentionally throw, discharge, launch or spill any solid object
(including but not limited to footballs, hackv sacks, baseballs, beach balls.
Frisbees, or other similar devices) or liquid substance or otherwise cause
any object or substance to be thrown, discharged, launched, spilled or to
become airborne or otherwise risk touching hitting or causing non-
consensual contact with another person or persons property or to otherwise
creating a situation that would risk adversely affecting public safety.
12.32.120 Begging And Solicitation
No person shall ask, beg, or solicit alms in an aggressive manner in anv Public Place or
Public Way, or other place open to the general public, whether publicly or privately
owned including but not limited to any sidewalks, streets, alleys, driveways, parking lots,
parks, plazas, buildings, doorways and entrances to buildings, gasoline service stations.
and the grounds around or enclosed by buildings.
12.32.130 Nuisance
It shall be deemed a public nuisance for anv person, after first being warned by a law
enforcement officer, or where a sign has been posted in accordance with this Chanter. to
loiter, stand, sit or lie in or upon the Pier, Pier Plaza, the Civic Center, any Public Place
or Public Way, or any public or quasi -public sidewalk, street, curb, crosswalk, walkway
area, mall or that portion of private property utilized for public use, so as to hinder or
10
MV:16-5399/152749
obstruct the free passage of pedestrians thereon. It shall be a public nuisance for any
person to block or obstruct, or prevent the free access to the entrance to any building
open to the public.
12.32.140 No Restriction On Free Speech
This Chapter is not intended to restrict the exercise of any free speech protected by the
United States Constitution or the Constitution of the State of California.
12.32.150 Severability
The City Council of the City of Huntington Beach hereby declares that should any
section, paragraph, sentence or word of this chapter of the code, hereby adopted, be
declared for any reason to be invalid. it is the intent of the Council that it would have
passed all other portions of this chapter independent of the elimination herefrom of any
such portion as may be declared invalid.
11
NW:16-5399/152749
ATTACHMENT #2
ORDINANCE NO. 4118
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.08 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO BEACH REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 13.08.005 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.005 Definitions
For the purposes of this chapter, the following terms shall have the respective meanings set forth
herein, unless the context in which they are used clearly indicates to the contrary:
"Adjacent Beach Area" includes that strip of land owned and/or operated by the City of
Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the
mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State
Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the
State of California. The "Adjacent Beach Area" includes the Beach Service Road, the
Pier, the Pier Plaza, walkways, guardrails, hills, raised banks, structures and Beach
Parking Lots. The "Adjacent Beach Area" extends from the mean high tide line of the
Pacific Ocean to the west curb line of Pacific Coast Highway from Warner Avenue to the
Santa Ana River and the mean high tide line of the Pacific Ocean to the west residential
property lines of South Pacific Avenue from Warner Avenue to Anderson Street. Unless
otherwise specifically referenced, this definition shall only apply to this section of the
Huntington Beach Municipal Code.
"Alcoholic Beverage" includes alcohol, spirits, liquor, wine, beer and every liquid or
solid containing alcohol, spirits, wine or beer and which contains one-half of one percent
or more of alcohol by volume and which is fit for beverage purposes either alone or when
diluted, mixed, or combined with other substances.
"Beach" includes that strip of land owned and/or operated by the City of Huntington
Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean
high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach
(Bolsa Chica) which the City operates pursuant to an operating agreement with the State
of California. "Beach" also includes that strip of land owned, controlled and/or operated
by the City of Huntington Beach lying from and including Anderson Street to the north,
Warner Avenue to the south, the mean high tide line of the Pacific Ocean and the west
legal property line of adjoining residential properties which are on South Pacific Avenue,
excluding the street appendages that extend west of South Pacific Avenue.
16-5399/142597/sf
ORDINANCE NO.4118
"Beach Parking Lot" means roads, driveways or parking area to service the Beach, Pier
or Pier Plaza, excluding those areas located on a street or highway.
"Beach Service Road" means the paved roadway on the Beach that extends from Beach
Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean.
"Director" refers to the Director of the Community Services Department and/or his or
her designee.
"Occupied" means used for the purpose of protecting human beings from wind, sun, rain
or public view.
"Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from
the mean high tide line, parallel to the three miles out from the Beach whether or not the
lands lying under said tidal waters are privately owned or publicly owned including but
not limited to the Water Activity Zone.
"Person" means any individual, firm, copartnership, joint venture, association, social
club, fraternal organization, corporation or any other group or combination, acting as a
unit.
"Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway
and Main Street on the Beach, which is a platform extending into the Pacific Ocean and
supported by piles or pillars.
"Pier Plaza" means the developed area on the Beach immediately north and south
adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots
adjacent thereto.
"Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar,
cigarette, e-cigarette, or any other lighted smoking product or equipment used to
burn any tobacco products, weed, plant, or any other combustible substance.
Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e-
cigarette or any other lighted smoking equipment used for burning or vaporizing
any tobacco or nicotine product, weed, plant, or any other combustible substance.
"Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific
Ocean from the mean high tide line.
"Wheeled Conveyance" shall include, but not be limited to, automobiles, bicycles,
skateboards, rollerblades, rollerskates, and strollers.
16-5399/142597/sf 2
ORDINANCE NO.4118
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, at or on the Beach, Adjacent
Beach Area, Pier or Pier Plaza, or to place writing upon the interior or exterior of any
fence, post, toilet, lavatory, restroom, building, sign or other structure therein, any initial,
name writing, printing, drawing or vulgar, profane or obscene word or picture.
13.08.025 Structures/Furniture
No Persons shall temporarily or permanently, construct, enlarge, alter, repair, move or
convert any structure or place any furniture on the Pier, Pier Plaza, Beach Service Road
and Beach Parking Lot area, except by permit issued by the Director.
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 Adjacent Beach Area, 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.
13.08.051 Tents and Canopies
A. No Person shall erect, maintain or occupy any canopy in excess of 100 square
feet, or any tent without at least two sides completely open to public view, on the
Beach or Adjacent Beach Area, as described in Section 13.08.005(B), except by
permit issued by the Director.
B. No Person shall erect, maintain or occupy any canopy or tent on the Beach
Parking Lot, Beach Service Road, Pier or Pier Plaza except by permit issued by
the Director.
13.08.060 Fires
No Person shall light, kindle, set or maintain fires or coals thereon, except in the City -
provided fire rings or in self-contained BBQs kept within six feet of a City -provided fire
ring, except by permit issued by the Director. Disposable heating BBQ materials shall
not be deposited anywhere except within the inside perimeter of the City -provided fire
ring. The heating element of self-contained BBQs must be raised at least 18 inches above
the surface of the sand.
13.08.070 Dogs and Other Animals
A. No Person having the care, charge or control of any animal, domesticated or
wild, shall permit or allow said animal to be, under any circumstances or
conditions, on the Pier or on or upon that Beach or Adjacent Beach Area bounded
by the Beach Service Road and the Pacific Ocean, including the Water Activity
Zone, unless it is a guide dog, signal dog or service dog as defined in Penal Code
Section 365.5, except that upon those Adjacent Beach Areas, and the Water
Activity Zone, located north of the line created by extending the northern curb
16-5399/142597/sf 3
ORDINANCE NO. 4118
line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs
constrained by a leash no longer than six feet in length are permitted.
B. No Person shall permit any animal, domesticated or wild, to be left unattended
on the Beach or Adjacent Beach Area.
13.08.080 Soliciting
No Person shall engage in the business of soliciting, distributing, selling or peddling any
liquids or edibles for human consumption, or to hawk, peddle or vend any goods, wares
or merchandise on the Beach or Adjacent Beach Area, except pursuant to a permit issued
by the Director. No Person shall give, set up or maintain any exhibition, show
performance, concert, lecture, entertainment or similar activity on the Beach or Adjacent
Beach Area without written permission to do so from the Director. No Person shall for
profit offer sports camps, sports lessons or other similar activity on the Beach, Adjacent
Beach Area, or in the Water Activity Zone without the written permission of the Director.
13.08.090 Alcoholic Beverages —Consumption
Except as hereinafter provided, no Person shall, on or upon the Beach or Adjacent Beach
Area, consume or sell, any Alcoholic Beverage, except pursuant to a permit issued by
City Council.
13.08.100 Alcoholic Beverages —Permits —Terms
A. The Director may grant permits for the sale and consumption of Alcoholic
Beverages under the following terms and conditions:
1. The kind or kinds of permitted Alcoholic Beverages shall be identified in
the permit.
2. Each permit shall require that all Alcoholic Beverages be sold and
consumed on permittee's premises, the location and area of permittee's
premises to be set forth in said permit.
3. That there be compliance with all other City, county and state laws and
regulations.
4. Such other terms and conditions as are reasonably required to protect the
peace, health, welfare or safety of the public.
5. The permit shall not be transferable and shall be valid only on dates
specified.
B. Nothing herein contained shall be construed as permitting the sale, purchase,
distribution, or consumption of any Alcoholic Beverage on the Beach or Adjacent
Beach Area, except pursuant to and as limited by a permit, as above set forth.
16-5399/142597/sf 4
ORDINANCE NO.4118
13.08.110 Alcoholic Beverages —Permits —Revocation or Suspension
Permits are subject to suspension or to revocation by the City Council after notice to
permittee and public hearing, on any of the following grounds:
A. Permittee has made a substantial misrepresentation in his or her application
for permit.
B. Permittee or any of his or her employees has violated any laws or regulations
concerning the operation of the business, or any terms or conditions of the permit.
C. Permittee or any of his or her employees has been convicted of any crime
involving moral turpitude.
D. Permittee or any of his or her employees has knowingly permitted use of
narcotics or dangerous drugs without reporting such incidents to the Police
Department without unnecessary delay or not more than 24 hours after the
commission thereof.
E. Permittee or any of his or her employees has caused or permitted any breach
of the peace on such premises, or has performed or permitted any act against the
peace, health, welfare or safety of the public.
13.08.115 Smoking Boundaries
No Person shall Smoke on the Beach or Adjacent Beach Area, Pier or Pier Plaza unless
the Director has designated a specific signed smoking area.
13.08.120 Hazardous Water Sports
The following regulations shall apply to water sports:
A. In order to protect the public health, safety and welfare, the Director shall set
the hours and areas during which no Person within the Water Activity Zone,
based on prevailing weather, water conditions, density of use and/or other hazard
inducing conditions, shall use or have in his or her possession any surfboard, wind
surfboard, paddleboard, bodyboard, skimboard, canoe, boat or any similar object
made entirely or partially of wood, metal, hard plastic or any other hard
substance, or which exceeds four feet in any dimension.
B. The Director shall give notice of the time and area during which hazardous
water sports, as defined by Section 13.08.120(A), are prohibited. Such
prohibition shall be effective when a yellow flag or sign having a solid black
circle in the center, commonly known as a "black ball" flag or sign is prominently
displayed from a lifeguard tower, station, Pier or similar structure.
C. During the times the "black ball" flag or sign is displayed, only swimming and
bathing shall be permitted in the Water Activity Zone within 200 yards of the
point of the display of the "black ball" flag or sign.
16-5399/142597/sf
ORDINANCE NO.4118
D. No Person shall fail, refuse or neglect to leave the Water Activity Zone when
such restriction and prohibition, as set out in this section, are in force.
E. Notwithstanding any provision of this section, the Director or his or her
authorized agent, may from time to time designate by permit, certain areas to be
used exclusively for an event. Such designation may be revoked at any time and
the area covered by such designation may be enlarged or reduced at any time. No
Person shall enter in such area so designated except while participating in the
permitted special or specific event.
13.08.130 Hazardous Articles
No Person shall use any surfboard, paddleboard, skimboard, bodyboard, wind surfboard,
rubber life raft, canoe, boat, or any similar object made entirely or partially of wood,
metal, glass, hard plastic or any other hard substance at any time, on the Beach, Adjacent
Beach Area, or in the Water Activity Zone in a manner that constitutes a hazard to any
other Person.
13.08.135 Motorized Vessels
No Person shall operate or cause to operate any motorized vessel, boat, or personal
watercraft in the Water Activity Zone unless authorized by the Director.
13.08.140 Beach Games and Practices
No Person shall use on the Beach, Adjacent Beach Area, or in Water Activity Zone any
athletic apparatus, object or game in a manner that constitutes a hazard to any Person or
conduct or participate in any sport or game that constitutes a hazard to any Person.
13.08.150 Digging
No Person shall dig or cause the digging of any hole in the sand exceeding a depth of two
feet. Any Person who digs, or causes to be dug, any hole upon the Beach or Adjacent
Beach Area shall fill the hole before leaving the Beach or Adjacent Beach Area.
13.08.160 Spear Guns
No Person shall have any spear gun or similar underwater device in his or her possession
on the shore of the Beach or Adjacent Beach Area unless the point of such device is
covered by a sheath, cork or other protective device. No spear gun or similar weapon or
instrument shall be kept cocked, loaded or otherwise prepared so as to be capable of
being discharged while on the Beach or Adjacent Beach Area.
13.08.170 Jumping From the Pier and Public Bridges
No Person shall dive, jump or enter the water from the Pier or public bridge or any part
thereof; provided, however, that this section shall not apply to the regularly employed
lifeguard personnel of the City who are engaged in lifeguard training or in emergency
jumps from the Pier or bridges for the purpose of saving lives and/or property.
16-5399/142597/sf 6
ORDINANCE NO.4118
13.08.180 Climbing on Rails of the Pier or Bridges
No Person shall sit, walk or balance on the rails of the Pier or public bridges or walkways
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.
13.08.190 Climbing on Lifeguard Stations
No unauthorized Person shall climb, sit, stand or cause someone else to climb, sit or stand
on any lifeguard station or ladder on the Beach, Adjacent Beach Area, or Pier unless told
to do so by an official employee of the City.
13.08.195 Tampering With Lifesaving Equipment
No Person shall tamper with lifesaving equipment, structures or buoys on the Beach,
Adjacent Beach Area, or on the Pier.
13.08.200 Leaving Objects
No Person shall lay, store, hang or cause to be laid, stored, or cause to be hung any object
on, against, or upon any lifeguard station or municipal structure except by permit issued
by the Director.
13.08.210 False Alarms
No Person shall cause a false rescue or call for help when it is not needed, or to cause a
lifeguard to enter the water upon a false rescue, or to leave his or her tower or to have his
or her attention drawn to a false alarm.
13.08.220 Interfering With Lifeguard
No Person shall willfully resist, delay or obstruct any lifeguard in the discharge or
attempt to discharge any duty of his or her position.
13.08.225 Interfering With Park Ranger
No Person shall willfully resist, delay or obstruct any park ranger in the discharge or
attempt to discharge any duty of his or her position.
13.08.230 Causing Object to Reflect
No Person shall use a mirror, glass or any similar object to cause the sun to reflect
thereon so as to interfere with the vision of any lifeguard or other Person(s).
13.08.240 Curfew
A. Except as otherwise specified, no Person shall be on the Beach or the
Adjacent Beach Area bounded by the Beach Service Road and the Pacific Ocean
including the Water Activity Zone between the hours of 10:00 p.m. and 5:00 a.m.
except upon official business of the City or by permit issued by the Director. In
the event of special circumstances so warranting, the Director, in his or her
judgment, is authorized and empowered to modify temporarily the hours during
which the Beaches are closed. Said modification is to be filed with the City
Manager at least 10 days prior to the requested date and posted conspicuously.
16-5399/142597/sf 7
ORDINANCE NO. 4118
B. Pier and Pier Plaza Curfew. No Person shall remain on or upon the Pier or Pier
Plaza between the hours of midnight and 5:00 a.m. except by permit issued by the
Director.
13.08.260 Electrical Systems
No Person shall use any electrical outlets on the Beach or Adjacent Beach Area without
first obtaining written consent from the Director and paying such fees as may be
prescribed.
13.08.270 Noise
No Person shall play, use or operate, or permit to be played, used or operated, any
instrument, machine or device, for producing or reproducing sound upon the Beach or
Adjacent Beach Area, at such a volume as unreasonably to disturb the peace, quiet and
comfort of Persons who are not voluntary listeners thereto, after having been warned.
13.08.280 Vehicle and Parking Regulation —Beach
A. No Person shall operate or possess any motor -driven cycle, motor -driven
bicycle, motorcycle, automobile, motor truck or other motorized vehicle or
conveyance (regardless of power source or size) on the Beach or Adjacent Beach
Area other than for law enforcement, lifesaving or emergency purposes, or for
Beach maintenance purposes, except by permit issued by the Director; nor on any
roads on which signs are posted prohibiting such activity, nor in any manner or
direction prohibited by posted signs, nor on any Beach or Adjacent Beach Area
other than on the roads, drives or parking areas designed for such purposes.
B. No Person shall operate any Wheeled Conveyance on the Beach Service Road
if said Wheeled Conveyance has been prohibited by the Director and said
prohibition has been properly posted.
C. Exceeding Speed Limit.
1. No Person shall operate any Wheeled Conveyance of any type on the
Beach, Adjacent Beach Area, or Beach Service Road 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 miles per hour.
2. No Person shall operate any Wheeled Conveyance of any type on the
Beach Service Road at a walking speed in excess of two and one-half
miles per hour, between designated points, when the yellow lights are
flashing.
D. Delivering Concessions. During the period of June 15th to September 15th,
any and all commercial motor vehicles of any type, must make their deliveries to
Beach concessions between the hours of 6:00 a.m. and 11:00 a.m., except by
permit from the Director. During all other times of the year, deliveries must take
place during Beach non -curfew hours.
16-5399/142597/sf
ORDINANCE NO. 4118
E. Parking. No Person shall park any vehicle except in designated parking areas;
provided, however, that the Director is authorized to permit parking in non -
designated areas when, in his or her opinion, such parking will not interfere with
Adjacent Beach Area operations.
F. Traffic Control Signs. The Director is authorized and directed to erect and
maintain signs at locations he or she deems appropriate, indicating the speed
limits established by the City Council for the Beaches, along roadways and streets
herein. The Director is also authorized to designate parking areas and traffic
patterns and to erect and maintain signs indicating such areas and patterns.
13.08.285 Motor Vehicle Permits
Any Person desiring to access the Beach, Adjacent Beach Area, or Pier with a vehicle for
delivery, maintenance, transportation or any other service must obtain a permit from the
Director.
13.08.290 Vehicle and Parking Regulation —Pier and Pier Plaza
Pursuant to Section 13.08.280 of this chapter, the following shall apply:
A. Speed Limit. No Person shall operate any Wheeled Conveyance upon the Pier
or Pier Plaza in excess of five miles per hour.
B. Heavy Vehicles. No Person shall drive or permit to be driven any vehicle of
any kind or character whatsoever, upon the Pier or Pier Plaza of a gross weight in
excess of 20,000 pounds.
C. Roller Skates, In -Line Skates, Skateboards and Scooters on the Pier or Pier
Plaza. No Person shall use any roller skates, in -line skates, skateboards or
scooters on the Pier or Pier Plaza at any time. These items must be carried if
brought on the Pier or Pier Plaza.
D. Parking. No Person shall park a vehicle on the Pier or Pier Plaza, unless he or
she possesses a written permit from the Director allowing him or her to do so. No
Person shall leave a vehicle standing or unattended on the Pier or Pier Plaza at
any time.
E. Unauthorized Vehicles Prohibited. No Person shall push or operate any
automobile, motorcycle, truck, or any other motor driven vehicle or conveyance
upon the Pier or Pier Plaza, except by permit issued by the Director.
F. Bicycles on Pier. No Person shall ride a bicycle or any similar type vehicle on
the Pier or Pier Plaza, except by permit issued by the Director. Bicycles or
similar type vehicles may be walked or pushed on the Pier or Pier Plaza. No
bicycle or similar type vehicle shall be chained, cabled or locked by any means to
the railings on the Pier, ramps, stairs, or parking lot except to the bicycle racks
provided therefor.
16-5399/142597/sf 9
ORDINANCE NO. 4118
G. Delivering Concessions. Vendors or their agents shall not make deliveries by
vehicles to concessionaires on the Pier except between the hours of 6:00 a.m. and
11:00 a.m. during the dates of June 15th to September 15th. During all other
times, deliveries must be made during non -curfew hours.
13.08.300 Beach Parking Lot Regulations
The following regulations will apply to parking in any of the City -owned and operated
Beach Parking Lots:
A. Parking is allowed within designated spaces only.
B. There shall be no parking between 10:00 p.m. and 5:00 a.m. except by permit
issued by the Director.
C. Any deviation from this section will be by permission of the Director and shall
be conspicuously posted.
D. No loitering or obstructing of flow of traffic will be allowed in the parking lot
by any Person or Persons.
E. No Person shall obstruct or cause to be obstructed any entrance or exit in the
parking lot.
F. No trailers or similar vehicles will be allowed in the parking lot except by
permit issued by the Director.
G. Fees for parking shall be established by resolution of the City Council.
H. Any vehicle leaving the parking lot and returning will be required to pay on
re-entering.
I. Number of parking permits per concession owner will be determined by the
Director.
J. The Director shall have the authority to designate reserved parking areas in
City -owned and/or operated Beach Parking Lots.
K. No unauthorized vehicle shall park in a reserved parking area where signs are
posted giving notice of such reserved parking.
13.08.310 Fishing From the Pier
Fishing is allowed from the Pier, but the following acts are prohibited:
A. Overhead Casting. Cast a fishing line, either with or without a fishing pole,
over the top railing of the Pier.
16-5399/142597/sf 10
ORDINANCE NO.4118
B. Negligent Casting. No Person shall cast in the water adjacent to the Pier or on
the Pier, a fishing line, lobster trap, crab trap, any mussel hook, or any other such
device in such a manner as to create a hazard to any other person.
C. Extra Lines. No Person shall have more than two fishing lines in the water
under or near the Pier at one time.
D. Projecting Poles. No Person shall allow or permit any fishing pole to extend
inward from the Pier rail to a distance of more than four feet.
E. Cleaning of Fish or Mussel. No Person shall place, cut or clean any fish,
mussel or bait, or any other marine life directly upon any bench or seat placed
upon the Pier or upon the floor or railings of the Pier except in the areas provided
therefor.
F. Lobster Traps. No Person shall have more than two traps in the water under or
near the Pier at any one time. A Person shall attend said traps at all times.
G. Feeding Wildlife. No Person shall provide food, bait or other material in a
manner as to feed wildlife upon the Pier.
H. Fishing from Closed Area. No Person shall set up or cast a fishing line in
areas on the Pier that have been closed to fishing.
I. No Person shall use the Pier railing for leverage to pull fishing line, lobster
trap, any mussel hook, or other such device in such a manner as to create a hazard
to any other Person or cause damage to the Pier railing.
13.08.330 Removal of Sand
No Person shall remove, or cause to be removed from the Beach, Adjacent Beach Area,
or Pacific Ocean, any sand without written permission from the Director.
13.08.340 Glass Containers on the Beach
No Person shall have, possess or use any dangerous article or container such as a bottle,
glass, crockery or similar object upon the Beach, Adjacent Beach Area, or in the Water
Activity Zone.
13.08.350 Beach and Ocean Closure —Authority
A. The Director shall have the authority to close any Beach, Adjacent Beach
Area, harbor, or ocean waters of the Pacific Ocean in order to protect the public
health, safety, and welfare. Such closure shall be effective when notice of closure
is given through any of the following methods:
1. Signs stating that the Beach is closed or that swimming is prohibited, or
depicting a swimmer and a red circle with a slash through the circle, or
otherwise advising of closure;
16-5399/ 142597/sf 11
ORDINANCE NO.4118
2. Public address announcements;
3. Oral or written notice from the Director, any marine safety officer,
lifeguard, or other authorized agent; or
4. Any other device or announcement reasonably communicating such
closure.
B. No Person shall enter, remain in, or fail or refuse to leave a closed area of the
Beach, Adjacent Beach Area, harbor, or the Pacific Ocean while such restriction
is in effect.
13.08.360 Enforcing Officer
This chapter shall be enforced by the Director, as well as by peace officers having
jurisdiction of any area in which a violation of any provision of this title takes place.
13.08.370 Violation —Penalty
Any Person violating any provision of this chapter shall, upon conviction, be guilty of a
misdemeanor, and subject to a fine of not more than $500.00 or be imprisoned for a
period not to exceed six months, or by both such fine and imprisonment.
13.08.380 Violation —Alternative Remedies
Any violation of any provisions of this chapter shall subject the violator to ejection from
the premises of the area in which the violation occurs.
SECTION 2. 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 Apra 17.
Ad
Mayor
ATTEST:
�Z'Wd 'A I — 4 =—�
REVIEW D APPROVED:
?Yy nager
APPROVED
City Attorney
IMTIATED AND APP VED:
Police C ief
16-5399/142597/sf 12
Ord. No. 4118
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 April 3, 2017, and was again read to said City
Council at a Regular meeting thereof held on April 17, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: O'Connell
ABSENT: None
ABSTAIN: None
I, Robin Estanislau, 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 Wave on April 27, 2017.
In accordance with the City Charter of said City.
Robin Estanislau, Ci _ Clerk
Senior Deputy Qi1y Clerk
&
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
HBMC CHAPTER 13.08
13.08.005 Definitions
For the purposes of this chapter, the following terms shall have the respective meanings set forth
herein, unless the context in which they are used clearly indicates to the contrary:
"Adjacent Beach Area" includes that strip of land owned and/or operated by the Citv of
Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the
mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State
Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the
State of California. The "Adjacent Beach Area" includes the Beach Service Road. the Pier.
the Pier Plaza, walkways, guardrails, hills, raised banks, structures and Beach Parking Lots.
The "Adjacent Beach Area" extends from the mean high tide line of the Pacific Ocean to the
west curb line of Pacific Coast Highway from Warner Avenue to the Santa Ana Rjver and
the mean high tide line of the Pacific Ocean to the west residential property lines of South
Pacific Avenue from Warner Avenue to Anderson Street. Unless otherwise specifically
referenced, this definition shall only apply to this section of the Huntington Beach
Municipal Code.
"Alcoholic bReverage" includes alcohol, spirits, liquor, wine, beer and every liquid or solid
containing alcohol, spirits, wine or beer and which contains one-half of one percent or more
of alcohol by volume and which is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances.
"Beach" includes that strip of land owned and/or operated by the City of Huntington Beach,
south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line
of the Pacific Ocean. "Beach" also includes that portion of the State Beach (Bolsa Chica)
which the City operates pursuant to an operating agreement with the State of California.
"Beach" also includes that strip of land owned, controlled and/or operated by the City of
Huntington Beach lying from and including Anderson Street to the north, Warner Avenue to
the south, the mean high tide line of the Pacific Ocean and the west legal property line of
adjoining residential properties which are on South Pacific Avenue, excluding the street
appendages that extend west of South Pacific Avenue.
"Beach prarking LLot" means roads, driveways or parking area to service the hBeach,
pPier or Pier Plaza, excluding those areas located on a street or highway.
"Beach sService -r$oad" means the paved roadway on the Weach that extends from Beach
Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean.
"Director" refers to the Director of the Community Services Department and/or his or her
designee.
"Occupied" means used for the purpose of protecting human beings from wind, sun, rain or
public view.
"Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the
mean high tide line, parallel to the three miles out from the Beach whether or not the lands
16-5399/ 146219/SF
lying under said tidal waters are privately owned or publicly owned including but not
limited to the Water Activity Zone.
"Person" means any individual, firm, copartnership, joint venture, association, social club,
fraternal organization, corporation or any other group or combination, acting as a unit.
"Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and
Main Street on the bBeach, which is a platform extending into the Pacific Ocean and
supported by piles or pillars.
"Pier Plaza" means the developed area on the bBeach immediately north and south adjacent
to the pPier bounded by Pacific Coast Highway and the bBeach pParking ILots adjacent
thereto.
"Smoke or smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e-
ciearette or any other lighted smoking product or equipment used to burn any tobacco
products, weed, plant, or any other combustible substance. Smoking includes emitting or
exhaling the fumes of any pipe, cigar, cigarette, a-ci argette or any other lighted smoking
equipment used for burning or va op rizing any tobacco or nicotine product, weed, plant, or
any other combustible substance.
"Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific
Ocean from the mean high tide line.
"Wheeled conveyance" shall include, but not be limited to, automobiles, bicycles,
skateboards, rollerblades, rollerskates, and strollers. (3606-6/03, 3656-8/04, 3667-10/04,
3930-2/12)
13.08.020 Defacing and/or Destroying Public Property
No pPerson shall cut, carve, hack, remove, deface or otherwise injure any fence, post, toilet,
lavatory, restroom, building, sign or other structure, at or on the bBeach, Adjacent Beach Area,
pPier or Pier Plaza, or to place writing upon the interior or exterior of any fence, post, toilet,
lavatory, restroom, building, sign or other structure therein, any initial, name writing, printing,
drawing or vulgar, profane or obscene word or picture. (769-7/60, 3606-6/03)
13.08.025 Structures/Furniture
No pPersons shall temporarily or permanently, construct, enlarge, alter, repair, move or convert
any structure or place any furniture on the pPier, Pier Plaza, bBeach service (Road and bBeach
pParking 1Lot area, except by permit issued by the dDirector. (3606-6/03, 3615-10/03)
13.08.030 Littering
No pPerson shall deposit or discard or leave any handbill, bottle, can or rubbish or trash or debris
on the bBeach or Adiacent Beach Area, 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. (80-8/11, 769-7/60, 1306-3/67, 3606-6/03)
16-5399/ 146219/SF 2
13.08.051 Tents and Canopies
A. No pPerson shall erect, maintain or occupy any canopy in excess of 100 square feet, or
any tent without at least two sides completely open to public view, on the bBeach or
Adjacent Beach Area, as described in Section 13.08.005(B), except by permit issued by the
dDirector.
B. No pPerson shall erect, maintain or occupy any canopy or tent on the bBeach pParking
1Lot, bBeach s-Service (Road, pPier or Pier Plaza except by permit issued by the dDirector.
(3606-6/03, 3963-12/12)
13.08.060 Fires
No pPerson shall light, kindle, set or maintain fires or coals thereon, except in the City -provided
fire rings or in self-contained BBQs kept within six feet of a City -provided fire ring, except by
permit issued by the dDirector. Disposable heating BBQ materials shall not be deposited
anywhere except within the inside perimeter of the City -provided fire ring. The heating element
of self-contained BBQs must be raised at least 18 inches above the surface of the sand. (769-7/60,
1306-3/67, 3606-6/03, 3930-2/12)
13.08.070 Dogs and Other Animals
A. No pPerson having the care, charge or control of any animal, domesticated or wild, shall
permit or allow said animal to be, under any circumstances or conditions, on the pPier or on
or upon that bBeach or Adjacent Beach aArea bounded by the bBeach sService rRoad and
the Pacific Ocean, including the Water Activity Zone, unless it is a guide dog, signal dog or
service dog as defined in Penal Code Section 365.5, except that upon those Ad'acen
bBeach aAreas, and the Water Activity Zone, located north of the line created by extending
the northern curb line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs
constrained by a leash no longer than six feet in length are permitted.
B. No pPerson shall permit any animal, domesticated or wild, to be left unattended on the
bBeach or Adjacent Beach Area. (344-10/31, 554-12/49, 769-7/60, 2907-8/87, 3355-7/97,
3606-6/03, 3930-2/12)
13.08.080 Soliciting
No pPerson shall engage in the business of soliciting, distributing, selling or peddling any liquids
or edibles for human consumption, or to hawk, peddle or vend any goods, wares or merchandise
on the bBeach or Adjacent Beach Area, except pursuant to a permit issued by the dDirector. No
pPerson shall give, set up or maintain any exhibition, show performance, concert, lecture,
entertainment or similar activity on the bBeach or Adjacent Beach Area without written
permission to do so from the dDirector. No pPerson shall for profit offer sports camps, sports
lessons or other similar activity on the bBeach, Adjacent Beach Area, or in the Water Activity
Zone without the written permission of the dDirector. (769-7/60, 3606-6/03, 3930-2/12)
13.08.090 Alcoholic Beverages —Consumption
Except as hereinafter provided, no pPerson shall, on or upon the bBeach or Adjacent Beach Area.
consume or sell, any aAlcoholic bBeverage, except pursuant to a permit issued by City Council.
(769-7/60, 1306-3/67, 1588-8/70, 3606-6/03)
16-5399/146219/SF 3
13.08.100 Alcoholic Beverages —Permits —Terms
A. The dDirector may grant permits for the sale and consumption of aAlcoholic bBeverages
under the following terms and conditions:
1. The kind or kinds of permitted aAlcoholic bEeverages shall be identified in the
permit.
2. Each permit shall require that all aAlcoholic bBeverages be sold and consumed
on permittee's premises, the location and area of permittee's premises to be set forth in
said permit.
3. That there be compliance with all other City, county and state laws and
regulations.
4. Such other terms and conditions as are reasonably required to protect the peace,
health, welfare or safety of the public.
The permit shall not be transferable and shall be valid only on dates specified.
B. Nothing herein contained shall be construed as permitting the sale, purchase, distribution,
or consumption of any aAlcoholic bBeverage on the bBeach or Adjacent Beach Area,
except pursuant to and as limited by a permit, as above set forth. (769-7/60, 1306-3/67,
1588-8/70, 3603-6/03)
13.08.110 Alcoholic Beverages —Permits —Revocation or Suspension
Permits are subject to suspension or to revocation by the City Council after notice to permittee
and public hearing, on any of the following grounds:
A. Permittee has made a substantial misrepresentation in his or her application for permit.
B. Permittee or any of his or her employees has violated any laws or regulations concerning
the operation of the business, or any terms or conditions of the permit.
C. Permittee or any of his or her employees has been convicted of any crime involving
moral turpitude.
D. Permittee or any of his or her employees has knowingly permitted use of narcotics or
dangerous drugs without reporting such incidents to the Police Department without
unnecessary delay or not more than 24 hours after the commission thereof.
E. Permittee or any of his or her employees has caused or permitted any breach of the peace
on such premises, or has performed or permitted any act against the peace, health, welfare
or safety of the public. (769-7/60, 1306-3/67, 1588-8/70)
13.08.115 Smoking Boundaries
No pperson shall 6Smoke on the bBeach or Adjacent Beach Area, pPier or Pier Plaza unless the
dlDirector has designated a specific signed smoking area. (3656-8/04)
13.08.120 Hazardous Water Sports
The following regulations shall apply to water sports:
A. In order to protect the public health, safety and welfare, the dDirector shall set the hours
and areas during which no person within the Water Activity Zone, based on prevailing
16-5399/ 146219/SF 4
weather, water conditions, density of use and/or other hazard inducing conditions, shall use
or have in his or her possession any surfboard, wind surfboard, paddleboard, bodyboard,
skimboard, canoe, boat or any similar object made entirely or partially of wood, metal, hard
plastic or any other hard substance, or which exceeds four feet in any dimension.
B. The dDirector shall give notice of the time and area during which hazardous water sports,
as defined by Section 13.08.120(A), are prohibited. Such prohibition shall be effective when
a yellow flag or sign having a solid black circle in the center, commonly known as a "black
ball" flag or sign is prominently displayed from a lifeguard tower, station, pier or similar
structure.
C. During the times the "black ball" flag or sign is displayed, only swimming and bathing
shall be permitted in the Water Activity Zone within 200 yards of the point of the display of
the "black ball' flag or sign.
D. No pPerson shall fail, refuse or neglect to leave the Water Activity Zone when such
restriction and prohibition, as set out in this section, are in force.
E. Notwithstanding any provision of this section, the dDirector or his or her authorized
agent, may from time to time designate by permit, certain areas to be used exclusively for an
event. Such designation may be revoked at any time and the area covered by such
designation may be enlarged or reduced at any time. No person shall enter in such area so
designated except while participating in the permitted special or specific event. (769-7/60,
831-4/61, 1306-3/67, 1743-5/72, 1776-9/72, 1856-8/73, 3606-6/03, 3930-2/12)
13.08.130 Hazardous Articles
No pPerson shall use any surfboard, paddleboard, skimboard, bodyboard, wind surfboard, rubber
life raft, canoe, boat, or any similar object made entirely or partially of wood, metal, glass, hard
plastic or any other hard substance at any time, on the bBeach, Adjacent Beach Area or in the
Water Activity Zone in a manner that constitutes a hazard to any other pPerson. (769-7/60, 1306-
3/67, 3606-6/03)
13.08.135 Motorized Vessels
No pPerson shall operate or cause to operate any motorized vessel, boat, or personal watercraft in
the Water Activity Zone unless authorized by the dDirector. (3606-6/03)
13.08.140 Beach Games and Practices
No pPerson shall use on the bBeach_ Adjacent Beach Area or in Water Activity Zone any athletic
apparatus, object or game in a manner that constitutes a hazard to any pPerson or conduct or
participate in any sport or game that constitutes a hazard to any pPerson. (769-7/60, 1306-3/67,
3606-6/03)
13.08.150 Digging
No pPerson shall dig or cause the digging of any hole in the sand exceeding a depth of two feet.
Any pPerson who digs, or causes to be dug, any hole upon the bBeach or Adjacent Beach Area
shall fill the hole before leaving the bBeach or Adjacent Beach Area. (769-7/60, 3606-6/03)
16-5399/ 146219/SF 5
13.08.160 Spear Guns
No pPerson shall have any spear gun or similar underwater device in his or her possession on the
shore of the bBeach or Adjacent Beach Area unless the point of such device is covered by a
sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be
kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the
bBeach or Adjacent Beach Area. (769-7/60, 1306-3/67, 3606-6/03)
13.08.170 Jumping From the Pier and Public Bridges
No pPerson shall dive, jump or enter the water from the pPier or public bridge or any part thereof,
provided, however, that this section shall not apply to the regularly employed lifeguard personnel
of the City who are engaged in lifeguard training or in emergency jumps from the pPier or
bridges for the purpose of saving lives and/or property. (769-7/60, 911-7/62, 3606-6/03)
13.08.180 Climbing on Rails of the Pier or Bridges
No pPerson shall sit, walk or balance on the rails of the pPier or public bridges or walkways 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. (769-7/60, 911-7/62, 1935-11/74, 3606-6/03)
13.08.190 Climbing on Lifeguard Stations
No unauthorized pperson shall climb, sit, stand or cause someone else to climb, sit or stand on
any lifeguard station or ladder on the bBeach. Adjacent Beach Area. or pPier unless told to do so
by an official employee of the City. (769-7/60, 1306-3/67, 3606-6/03)
13.08.190 Climbing on Lifeguard Stations
No unauthorized pPerson shall climb, sit, stand or cause someone else to climb, sit or stand on
any lifeguard station or ladder on the bBeach, Adjacent Beach Area, or pPier unless told to do so
by an official employee of the City. (769-7/60, 1306-3/67, 3606-6/03)
13.08.195 Tampering With Lifesaving Equipment
No pperson shall tamper with lifesaving equipment, structures or buoys on the bBeach, Ad'ai cent
Beach Area, or on the pPier. (3606-6/03)
13.08.200 Leaving Objects
No pPerson shall lay, store, hang or cause to be laid, stored, or cause to be hung any object on,
against, or upon any lifeguard station or municipal structure except by permit issued by the
dDirector. (1306-3/67, 3606-6/03)
13.08.210 False Alarms
No pPerson shall cause a false rescue or call for help when it is not needed, or to cause a lifeguard
to enter the water upon a false rescue, or to leave his or her tower or to have his or her attention
drawn to a false alarm. (769-7/60, 1306-3/67)
16-5399/146219/SF 6
13.08.220 Interfering With Lifeguard
No pPerson shall willfully resist, delay or obstruct any lifeguard in the discharge or attempt to
discharge any duty of his or her position. (1306-3/67)
13.08.225 Interfering With Park Ranger
No pPerson shall willfully resist, delay or obstruct any park ranger in the discharge or attempt to
discharge any duty of his or her position. (1306-3/67)
13.08.230 Causing Object to Reflect
No pPerson shall use a mirror, glass or any similar object to cause the sun to reflect thereon so as
to interfere with the vision of any lifeguard or other pPerson(s). (1306-3/67, 1535-11/69, 1743-
5/72)
13.08.240 Curfew
A. Except as otherwise specified, no pPerson shall be on the bBeach or the d'acent bBeach
eArea bounded by the bBeach sService rRoad and the Pacific Ocean including the Water
Activity Zone between the hours of 10:00 p.m. and 5:00 a.m. except upon official business
of the City or by permit issued by the dDirector. In the event of special circumstances so
warranting, the dDirector, in his or her judgment, is authorized and empowered to modify
temporarily the hours during which the bBeaches are closed. Said modification is to be filed
with the City Manager at least 10 days prior to the requested date and posted conspicuously.
B. Pier and Pier Plaza Curfew. No pPerson shall remain on or upon the pPier or Pier Plaza
between the hours of midnight and 5:00 a.m. except by permit issued by the dDirector.
(769-7/60, 861-9/61, 1306-3/67, 3606-6/03, 3930-2/12)
13.08.260 Electrical Systems
No pPerson shall use any electrical outlets on the bBeach or Adjacent Beach Area without first
obtaining written consent from the dDirector and paying such fees as may be prescribed. (1306-
3/67, 1509-7/69, 3606-6/03)
13.08.270 Noise
No pPerson shall play, use or operate, or permit to be played, used or operated, any
instrument, machine or device, for producing or reproducing sound upon the bBeach or
Adjacent Beach Area, at such a volume as unreasonably to disturb the peace, quiet and
comfort of pPerson who are not voluntary listeners thereto, after having been warned.
(1306-3/67, 1743-5/72, 1935-11/74, 3606-6/03)
13.08.280 Vehicle and Parking Regulation —Beach
A. No pPerson shall operate or possess any motor -driven cycle, motor -driven bicycle,
motorcycle, automobile, motor truck or other motorized vehicle or conveyance (regardless
of power source or size) on the bBeach or Adjacent Beach Area other than for law
enforcement, lifesaving or emergency purposes, or for bBeach maintenance purposes,
except by permit issued by the dDirector; nor on any roads on which signs are posted
prohibiting such activity, nor in any manner or direction prohibited by posted signs, nor on
16-5399/146219/SF 7
any #Beach or Adjacent Beach Area other than on the roads, drives or parking areas
designed for such purposes.
B. No pPerson shall operate any wWheeled eConveyance on the bBeach sService rRoad if
said wWheeled eConveyance has been prohibited by the dDirector and said prohibition has
been properly posted.
C. Exceeding Speed Limit.
1. No pPerson shall operate any wWheeled eConveyance of any type on the #Beach
or #Beach sService rRoad 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
miles per hour.
2. No pPerson shall operate any wWheeled eConveyance of any type on the bBeach
sService rRoad at a walking speed in excess of two and one-half miles per hour,
between designated points, when the yellow lights are flashing.
D. Delivering Concessions. During the period of June 15th to September 15th, any and all
commercial motor vehicles of any type, must make their deliveries to bBeach concessions
between the hours of 6:00 a.m. and 11:00 a.m., except by permit from the dDirector. During
all other times of the year, deliveries must take place during bBeach non -curfew hours.
E. Parking. No pPerson shall park any vehicle except in designated parking areas; provided,
however, that the dDirector is authorized to permit parking in non -designated areas when, in
his or her opinion, such parking will not interfere with Adjacent #Beach eArea operations.
F. Traffic Control Signs. The dDirector is authorized and directed to erect and maintain
signs at locations he or she deems appropriate, indicating the speed limits established by the
City Council for the bBeaches, along roadways and streets herein. The dDirector is also
authorized to designate parking areas and traffic patterns and to erect and maintain signs
indicating such areas and patterns. (1306-3/67, 2138-1/77, 2768-5/85, 2851-8/86, 3123-
11/91, 3329-5/96, 3606-6/03)
13.08.285 Motor Vehicle Permits
Any pPerson desiring to access the bBeach. Adiacent Beach Area, or pPier with a vehicle for
delivery, maintenance, transportation or any other service must obtain a permit from the
dDirector. (3329-5/96, 3606-6/03)
13.08.290 Vehicle and Parking Regulation —Pier and Pier Plaza
Pursuant to Section 13.08.280 of this chapter, the following shall apply:
A. Speed Limit. No pPerson shall operate any wWheeled eConveyance upon the pPier or
Pier Plaza in excess of five miles per hour.
B. Heavy Vehicles. No pPerson shall drive or permit to be driven any vehicle of any kind or
character whatsoever, upon the pPier or Pier Plaza of a gross weight in excess of 20,000
pounds.
C. Roller Skates, In -Line Skates, Skateboards and Scooters on the Pier or Pier Plaza.
No pPerson shall use any roller skates, in -line skates, skateboards or scooters on the pPier or
Pier Plaza at any time. These items must be carried if brought on the pPier or Pier Plaza.
16-5399/146219/SF 8
D. Parking. No pperson shall park a vehicle on the pPier or Pier Plaza, unless he or she
possesses a written permit from the dDirector allowing him or her to do so. No pperson
shall leave a vehicle standing or unattended on the pPier or Pier Plaza at any time.
E. Unauthorized Vehicles Prohibited. No pPerson shall push or operate any automobile,
motorcycle, truck, or any other motor driven vehicle or conveyance upon the pPier or Pier
Plaza, except by permit issued by the dDirector.
F. Bicycles on Pier. No pPerson shall ride a bicycle or any similar type vehicle on the pPier
or Pier Plaza, except by permit issued by the dDirector. Bicycles or similar type vehicles
may be walked or pushed on the pPier or Pier Plaza. No bicycle or similar type vehicle shall
be chained, cabled or locked by any means to the railings on the pPier, ramps, stairs, or
parking lot except to the bicycle racks provided therefor.
G. Delivering Concessions. Vendors or their agents shall not make deliveries by vehicles to
concessionaires on the pPier except between the hours of 6:00 a.m. and 11:00 a.m. during
the dates of June 15th to September 15th. During all other times, deliveries must be made
during non -curfew hours. (3606-6/03)
13.08.300 Beach Parking Lot Regulations
The following regulations will apply to parking in any of the City -owned and operated bBeach
pParking ILots:
A. Parking is allowed within designated spaces only.
B. There shall be no parking between 10:00 p.m. and 5:00 a.m. except by permit issued by
the dDirector.
C. Any deviation from this section will be by permission of the dDirector and shall be
conspicuously posted.
D. No loitering or obstructing of flow of traffic will be allowed in the parking lot by any
pperson or pPersons.
E. No pPerson shall obstruct or cause to be obstructed any entrance or exit in the parking
lot.
F. No trailers or similar vehicles will be allowed in the parking lot except by permit issued
by the dDirector.
G. Fees for parking shall be established by resolution of the City Council.
H. Any vehicle leaving the parking lot and returning will be required to pay on re-entering.
L Number of parking permits per concession owner will be determined by the dDirector.
J. The dDirector shall have the authority to designate reserved parking areas in City -owned
and/or operated Weach pParking ILots.
K. No unauthorized vehicle shall park in a reserved parking area where signs are posted
giving notice of such reserved parking. (3606-6/03)
16-5399/146219/SF 9
13.08.310 Fishing From the Pier
Fishing is allowed from the ppier, but the following acts are prohibited:
A. Overhead Casting. Cast a fishing line, either with or without a fishing pole, over the top
railing of the pPier.
B. Negligent Casting. No pPerson shall cast in the water adjacent to the pPier or on the
pPier, a fishing line, lobster trap, crab trap, any mussel hook, or any other such device in
such a manner as to create a hazard to any other pPerson.
C. Extra Lines. No pPerson shall have more than two fishing lines in the water under or
near the ppier at one time.
D. Projecting Poles. No pPerson shall allow or permit any fishing pole to extend inward
from the pPier rail to a distance of more than four feet.
E. Cleaning of Fish or Mussel. No pPerson shall place, cut or clean any fish, mussel or
bait, or any other marine life directly upon any bench or seat placed upon the ppier or upon
the floor or railings of the pPier except in the areas provided therefor.
F. Lobster Traps. No pPerson shall have more than two traps in the water under or near the
pPier at any one time. A pPerson shall attend said traps at all times.
G. Feeding Wildlife. No pPerson shall provide food, bait or other material in a manner as to
feed wildlife upon the pPier.
H. Fishing from Closed Area. No pPerson shall set up or cast a fishing line in areas on the
pPier that have been closed to fishing.
I. No pPerson shall use the pPier railing for leverage to pull fishing line, lobster trap, any
mussel hook, or other such device in such a manner as to create a hazard to any other
pPerson or cause damage to the pPier railing. (3606-6/03)
13.08.330 Removal of Sand
No pPerson shall remove, or cause to be removed from the bBeach, or Pacific Ocean, any sand
without written permission from the dDirector. (1306-3/67, 3606-6/03)
13.08.340 Glass Containers on the Beach
No pPerson shall have, possess or use any dangerous article or container such as a bottle, glass,
crockery or similar object upon the bBeach. Adjacent Beach Area, or in the Water Activity Zone.
(2882-12/86, 3606-6/03)
13.08.350 Beach and Ocean Closure —Authority
A. The dDirector shall have the authority to close any bBeach, Adjacent Beach Areaharbor,
or ocean waters of the Pacific Ocean in order to protect the public health, safety, and
welfare. Such closure shall be effective when notice of closure is given through any of the
following methods:
1. Signs stating that the bBeach is closed or that swimming is prohibited, or
depicting a swimmer and a red circle with a slash through the circle, or otherwise
advising of closure;
16-5399/146219/SF 10
2. Public address announcements;
3. Oral or written notice from the dDirector, any marine safety officer, lifeguard, or
other authorized agent; or
4. Any other device or announcement reasonably communicating such closure.
B. No pPerson shall enter, remain in, or fail or refuse to leave a closed area of the bBeach,
Adjacent Beach Area, harbor, or the Pacific Ocean while such restriction is in effect. (3101-
5/91, 3606-6/03)
13.08.360 Enforcing Officer
This chapter shall be enforced by the dDirector, as well as by peace officers having jurisdiction of
any area in which a violation of any provision of this title takes place. (3606-6/03)
13.08.370 Violation —Penalty
Any pPerson violating any provision of this chapter shall, upon conviction, be guilty of a
misdemeanor, and subject to a fine of not more than $500.00 or be imprisoned for a period not to
exceed six months, or by both such fine and imprisonment. (3606-6/03)
13.08.380 Violation —Alternative Remedies
Any violation of any provisions of this chapter shall subject the violator to ejection from the
premises of the area in which the violation occurs. (3606-6/03)
16-5399/146219/SF 11
i ATTACHMENT #3
ORDINANCE NO. 4119
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.10 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO CAMPING ON PUBLIC PROPERTY
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 13.10 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
Chapter 13.10 CAMPING
13.10.010 Purpose.
The streets and public areas within the City should be readily accessible and available to
residents and the public at large. The use of these areas for camping purposes or storage of
personal property interferes with the rights of others to use the areas for which they were
intended. Such activity can constitute a public health and safety hazard which adversely impacts
neighborhoods and commercial areas. Camping on private property without the consent of the
owner, proper sanitary measures and for other than a minimal duration adversely affects private
property rights as well as public health, safety, and welfare of the City. The purpose of this
chapter is to maintain streets, parks and other public and private areas within the City in a clean,
sanitary and accessible condition and to adequately protect the health, safety and public welfare
of the community, while recognizing that, subject to reasonable conditions, camping and camp
facilities associated with special events can be beneficial to the cultural and educational climate
in the City. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary
uses of public or private property.
13.10.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in
this section shall govern the construction, meaning, and application of words and phrases used in
this chapter.
"Camp" means to place, pitch or occupy camp facilities; to live temporarily in a camp
facility or outdoors; to use camp paraphernalia.
"Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping
outfits or temporary shelter.
"Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds,
sleeping bags, hammocks or cooking facilities and similar equipment.
16-5399/144821/mv
ORDINANCE NO. 4119
"City Manager" means the City Manager or designee.
"Establish" means setting up or moving equipment, supplies or materials on to public or
private property to "camp" or operate camp facilities.
"Maintain" means keeping or permitting equipment, supplies or materials to remain on
public or private property in order to camp or operate camp facilities.
"Operate" means participating or assisting in establishing or maintaining a camp or camp
facility.
"Park" means the same as defined in Section 12.72.010 of this title.
"Private properly" means all private property including, but not limited to, streets,
sidewalks, alleys, and improved or unimproved land.
"Public property" means all public property including, but not limited to, streets,
sidewalks, alleys, improved or unimproved land and parks.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
"Street" means the same as defined in Section 12.16.180 of this title.
13.10.030 Unlawful camping.
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp
paraphernalia in the following areas:
A. Any public property; or
B. Any private property.
1. It is not intended by this Chapter to prohibit overnight camping on private
residential property by friends or family of the property owner, so long as the
owner consents and the overnight camping is limited to not more than one
consecutive night. In addition, it is not intended by this Chapter to prohibit
overnight camping on public property as required by State or Federal law.
2. Nothing in this chapter is intended to prohibit or make unlawful, activities
of an owner of private property or other lawful user of private property that are
normally associated with and incidental to the lawful and authorized use of
private property for residential or other purposes; and provided further, nothing is
intended to prohibit or make unlawful, activities of a property owner or other
lawful user if such activities are expressly authorized by the Huntington Beach
Municipal Code or other laws, ordinances and regulations.
MV:16-5399/144821.doc 2
ORDINANCE NO. 4119
3. The City Manager may, as provided in Section 13.10.050 of this chapter,
issue a temporary permit to allow camping on public or private property in
connection with a special event.
13.10.040 Storage of personal property on public and private property.
It is unlawful and a public nuisance for any person to store personal property, including camp
paraphernalia, in the following areas, except as otherwise provided by resolution of the City
council:
A. Any public property; or
B. Any private property without the written consent of the owner.
13.10.050 Permit for special events required.
The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate
a camp or a camp facility in connection with a special event. A special event is intended to
include, but not be limited to, programs operated by the departments of the City, youth or school
events, marathons or other sporting events and scouting activities. The City Manager may
consult with various City departments, the health officer and the public prior to issuing any
temporary permit. Each department or person consulted may provide comments regarding any
health, safety or public welfare concerns and provide recommendations pertaining to the
issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City council
shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied.
In exercising his or her discretion to issue a temporary permit, the City Manager may consider
any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or
surrounding the area or tract of land upon which the proposed temporary camp or camp facility is
to be located.
13.10.060 Posting copy of permit.
It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp
facility unless there shall be at all times posted in a conspicuous place upon the area or tract of
land upon which the camp or camp facility is located a permit obtained from the City Manager in
accordance with the provisions of Section 13.10.050 of this chapter.
13.10.070 Power of the City Manager to make rules and regulations.
The City Manager is further empowered to ascertain that the operation or maintenance of any
camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the
public health, safety or welfare and for this purpose may make additional rules and regulations
pertaining to their establishment, operation or conduct. The City Manager may also impose
conditions on the establishment, maintenance and operation of the camp or camp facility,
including, but not limited to, security, sanitation facilities, the number of occupants, posting of
bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the
W:16-5399/144821.doc 3
ORDINANCE NO. 4119
premises. When the City Manager shall issue any permit under the terms of Section 13.10.050 of
this chapter, the same may be revoked at any time thereafter by the City Manager if the City
Manager becomes satisfied that the maintenance or continuing operation of the camp or camp
facilities is adverse to the public health, safety and welfare.
13.10.080 Current ordinance provisions.
Neither the adoption of the ordinance codified in this chapter nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as affecting any of the
provisions of such ordinance relating to the collection of any such license or penalty or the penal
provision applicable to any violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all
rights and obligations thereunder appertaining shall continue in full force and effect.
13.10.090 Violations —Penalty
Any person who violates any of the provisions of this Chapter shall be deemed guilty of a
misdemeanor, and upon conviction shall be punishable as provided in the Huntington Beach
Municipal Code. In addition to the remedies set forth in Penal Code Section 370, the City
Attorney may institute civil actions to abate a public nuisance under this chapter.
13.10.100 Severability
If any provision of this Chapter is rendered illegal or invalid or unenforceable, all other parts of
this Chapter shall remain in full force and effect.
SECTION 2. 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 Apra , 2017.
ATTEST:
"4ww
:l..L._I �.�
N-City Clerk
REVIE D APPROVED:
C ty anager
=NOWI.
Attorney
NITIAT D AND APPROV
Police Chief
MV:16-5399/144821.doc 4
Ord. No. 4119
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 April 3, 2017, and was again read to said City
Council at a Regular meeting thereof held on April 17, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: O'Connell
ABSENT: None
ABSTAIN: None
I, Robin Estanislau, 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
Wave on April 27, 2017.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk
Senior Deputy City Clerk
174� [ /61
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
HBMC Chapter 13.10
13.10.010 Purpose and Intent
The publie pafks, beaehes, streets-,sidewaWs and ether public areas within the Citv should be
readily available an accessible and available to residents and the public at large €er-tkeir
intended pufpeses. The use of these areas for camping_ purposes or storage of personal property
interferes with the rights of others to use the areas for which they were intended. Such activity
can constitute a public health and safety hazard which adverselypacts neighborhoods and
commercial areas. Camping on private properly without the consent of the owner. }roper sanitary
measures and for other than a minimal duration adversely affects private property rights as well
as public health, safety and welfare of the City. The purpose of this chapter is to maintain streets.
arks and other public and private areas within the City in a clean, sanitary and accessible
condition and to adequately protect the health_ safety and public welfare of the community, while
recognizing that, subject to reasonable conditions_ camping and camp facilities associated with
special events can be beneficial to the cultural and educational climate in the City. Nothing in
this chanter is intended to interfere with otherwise lawful and ordinary uses of public or private
r0 . TL e e of this svet:e„ is te +,:,, „l.l:e areas :tt1;., the !":t,, : a elee ,
and general welfare of the eematunity. The use of publie afeas for- eamping interferes with
rights er ethers to use and ei�ey these e s they are inte (3964-12/12)
13.10.020 Definitions
For- the pufpeses of this ehapter-, the fellewing tei:Fns shall have the meanings set fel4h, tinless the
nteK4 in "hieh they are used eleafb, indie tee to the a n",.Unless the particular provisions or
the context otherwise requires, the defmitions contained in this section shall govern the
construction, meaning, and application of words and phrases in this chapter.
"Camp" or- "eamping" means to reside in or- use any publie. afea fOr- living aeremmOda4i0fiS
�. !e,:, ing p fempe t..e..,> ld .,td p df time, l
dging vex � p eengea e eeeos o me � .,eta :
one's one's
„h eh : elude but are not limited to tents, huts,.,,.. tee..e..,> shelters
he "
. tolins, eets, beds, sleeping bags, bed r-ell , . . I bedding. ba-k-paeks,
„L,e., 4 nobly appears, in light e f all the a . s4anees thatusingper-sen the
e
regafdless of the per-sen's-
engage place, pitch or occupy camp facilities to live temporarily in a camp facility or
outdoors: to use camp Para hn ernai.
"Camp facilities" include, but are not limited to, tents, huts_ vehicles_ vehicle camping
outfits or temporary shelter.
16-5399/143764/mv
"Camp paraphernalia" includes, but is not limited to. bedrolls. tarpaulins, cots. beds
sleeping bags, hammocks or cooking facilities and similar equipment.
"City Manager" means the City Manager or designee.
�e!�!rrx-rs� • .
!�.�ese!s-ram
.
"Establish" means setting up or moving equipment, supplies or materials on to Public or
private property to "camp" or operate camp facilities
"Maintain" means keeping or permitting equipment, supplies or materials to remain on
public or private property in order to camp or operate camp facilities.
"Operate" means participating or assisting in establishing or maintaining a campor camp
facili
"Park" means the same as set€etthdefined in Section +47 (seems 12.72.010 of
this sedetitle.
"Private property" means all private Property including, but not limited to, streets.
sidewalks, alleys, and improved or unimproved land.
�Ers!s�e!*s
Mr
-
"Public property" means all public property including. but not limited to. streets.
sidewalks, alleys, improved or unimproved land and parks.
"Store" a "storage" means to put aside or accumulate for use when needed, to put for
safekeeping, to place or leave at a location.
"Street" means the same as defined in the Vehicle GedeSection 12.16.180 of this title.
(3964-12/12)
13.10.030 Unlawful Camping in Public Places
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp
paraphernalia in the following areas,
A. Any public aFeaproperty; or
B. Civie eeatefAny private property. (3964-12/12)
16-5399/143764/mv 2
1. It is not intended by this Chanter to prohibit overnight camping on private residential
property by friends or family of the property owner, so long as the owner consents and
the overnight camping is limited to not more than one consecutive night. In addition, it is
not intended by this Chapter to prohibit overnight camping on public property as required
by State or Federal law.
2. Nothing in this chapter is intended to prohibit or make unlawful, activities of an
owner of private property or other lawful user of private property that are normally
associated with and incidental to the lawful and authorized use of private property for
residential or other p=oses; and provided further, nothing is intended to rohibit or
make unlawful, activities of a property owner or other lawful user if such activities are
expressly authorized by the Huntington Beach Municipal Code or other laws, ordinances
and regulations.
3. The City Manager may, as provided in Section 13.10.050 of this chapter, issue a
temporary_ permit to allow camping on public or private property in connection with a
special event.
13.10.050 Permit for special events required.fnisdemeanef, and upon eenvietion shall be punishable as provided ifi this eede. (3964 124424
The Citv Manager may. in his or her discretion. issue a permit to establish. maintain and
operate a camp or a camp facility in connection with a special event. A special event is
intended to include, but not be limited to, programs operated by the departments of the
City, youth or school events, marathons or other sporting events and scouting activities.
The City Manager may consult with various City departments, the health officer and the
public prior to issuing any temporary permit. Each department or person consulted may
provide comments regarding any health, safety or public welfare concerns and provide
recommendations pertaining to the issuancedenial or conditioning of the permit. A
reasonable fee to be set by the City Council shall be paid, in advance, by the applicant.
The fee shall be returned if the application is denied. In exercising his or her discretion to
issue a temporary permit. the City Manager may consider any facts or evidence bearing
on the sanitary. health, safety and welfare conditions on or surrounding the area or tract
of land upon which the proposed temporary camp or camp facility is to be located.
13,10,060 Posting cony of permit.
It is unlawful for any person to establish, maintain, conduct or carry on any camp or
camp facility unless there shall be at all times posted in a conspicuous place upon the area
or tract of land upon which the camp or camp facility is located a permit obtained from
the City Manager in accordance with the provisions of Section 13.10.050 of this chanter.
13.10.070 Power of the City Manager to make rules and regulations
The City Manager is further empowered to ascertain that the operation or maintenance of
my cmp or camp facilities to which a temporary permit shall apply will in no way
16-5399/143764/mv
jeopardize the public health, safety or welfare and for this pose may make additional
rules and regulations pertaining to their establishment, operation or conduct. The City
Manager may also impose conditions on the establishment, maintenance and operation of
the camp or camp facility, including, but not limited to, security, sanitation facilities. the
number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the
permit, and permitted activities on the premises. When the City Manager shall issue any
permit under the terms of Section 13.10.050 of this chapter, the same may be revoked at
any time thereafter by the City Manager if the City Manager becomes satisfied that the
maintenance or continuing operation of the camp or camp facilities is adverse to the
public health, safety and welfare.
13.10.080 Current ordinance provisions.
Neither the adoption of the ordinance codified in this chapter nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof. nor be construed as affecting
my of the provisions of such ordinance relating to the collection of any such license or
enalty or the penal provision applicable to any violation thereof, nor to affect the
validity of any bond or cash deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance, and all rights and obligations thereunder
appertaining shall continue in full force and effect.
13.10.090 Violations —Penalty
Any person who violates any of the provisions of this Chapter shall be deemed guilty of a
misdemeanor, and upon conviction shall be punishable as provided in the Huntington
Beach Municipal Code. In addition to the remedies set forth in Penal Code Section M
the City Attorney may institute civil actions to abate a public nuisance under this chapter.
13,10.100 Severability
If any provision of this Chapter is rendered illegal or invalid or unenforceable, all other
parts of this Chapter shall remain in full force and effect.
16-5399/ 143 764/mv
ATTACHMENT #4
ORDINANCE NO.4124
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.48 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO PARK REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 13.48.010 of the Huntington Beach Municipal Code, entitled
"Definitions" is hereby amended to add the following definitions alphabetically:
"Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar,
cigarette, e-cigarette, or any other lighted smoking product or equipment used to
burn any tobacco products, weed, plant, or any other combustible substance.
Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e-
cigarette or any other lighted smoking equipment used for burning or vaporizing
any tobacco or nicotine product, weed, plant, or any other combustible substance.
SECTION 2. Section 13.48.115 is added to Chapter 13.48 to read as follows:
"13.48.115 Smoking Boundaries
No Person shall Smoke on the Beach or Adjacent Beach Area, Pier or Pier Plaza or Park
unless the Director has designated a specific signed smoking area."
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 April 12017.
A 4h
ayor
ATTEST: o w APPROVED AS T ORM:
� L6�
City Clerk City Attorney
REVIEW D AND APPROVED: IyTIATED AND AF
ity anager Police
SF:16-5399/148093.doc
Ord. No. 4124
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 April 3, 2017, and was again read to said City
Council at a Regular meeting thereof held on April 17, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: O'Connell
ABSENT: None
ABSTAIN: None
I, Robin Estanislau, 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
Wave on April 27, 2017.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk
Senior Deputy City Clerk
City Clerk and ex-bfficio Clerk
of the City Council of the City
of Huntington Beach, California
J
LEGISLATIVE DRAFT
HBMC Chapter 13.48
13.48.010 Definitions
13.48.010 Definitions
For the purposes of this chapter, the following terms shall have the meanings as set forth herein,
unless the context in which they are used clearly indicates a contrary meaning:
"Alcoholic beverages" means any and all spirituous, vinous, malt or fermented liquor,
liquids or compounds, whether medicated, proprietary, patented or not, and by whatever
name called, containing one-half of one percent, or more, of alcohol by volume which are
potable or fit as, or which may be used for beverage purposes.
"City" means the City of Huntington Beach.
"Department" means the Department of Community Services.
"Director" means the Director of the Community Services Department or other person(s)
authorized by him or her, pursuant to law, to act in his or her stead.
"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.
"Permission" means written permission, granted by the director or his or her authorized
agent.
"Person" means any individual, firm, partnership, joint venture, association, social club,
fraternal organization, corporation or any other group acting as a unit.
"Skateboard" means a board of any material which has wheels attached and such wheels
may be used for moving or propulsion.
"Skateboard park" means any facility that is designed and maintained for the purpose of
recreational skateboard use.
"Smoke or Smoking" means
the carrying or holding of a lighted
nine, cigar,
cigarette. e-
cigarette, or any other lighted
smoking product or eauipment used
to burn
any tobacco
products, weed. Plant. or any
other combustible substance. Smoking includes
emitting or
exhaling the fumes of any pipe,
cigar, cigarette, e-cigarette or any
other lighted
smoking
eauipment used for burning
or vaDDrizing anv tobacco or nicotine
Product.
weed. Plant. or
any other combustible substance.
"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 operated in such
places at such times so as not to disturb other persons in their permitted uses of the park.
(1246-10/66, 2451-11/80, 3181-1/92)
16-5399/149386
13.48.115 Smoking Boundaries
No Person shall Smoke on the Beach or Adjacent Beach Area. Pier or Pier Plaza or Park
unless the Director has designated a specific signed smoking area.
16-5399/149386
ATTACHMENT #5
ORDINANCE NO. 4129
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.21 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO REFUSE MANAGEMENT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 8.21.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.21.040 Littering/Dumping of Refuse or Waste Prohibited
(a) It shall be unlawful for any person to cast, deposit, place, sweep, throw,
discard or leave any refuse or cause such refuse to be cast, deposited, swept, placed,
thrown, discarded or left in any place, public or private, within the City, without the
express permission of the owner of the premises.
(b) No person shall throw, discard or deposit infectious or potentially
infectious waste in any amount on any public street, sidewalk, beach, park or other public
property within the City, or private property within the City not owned by the person, or
in or upon any body of water within the jurisdiction of the City;
"Infectious waste" refers to all waste materials which are defined as being
injurious to the public health or safety by federal, state, or county statutes, legislation,
policies, or rules and regulations as they may be amended from time to time. Examples
include, but are not limited to:
a. hypodermic needles, pen needles, intravenous needles, syringes, lancets
and other instruments used to administer medication or otherwise designed
to cut or pierce the skin,
b. disposable diapers, rags, or other materials used to clean areas infected by
human or animal waste or fluids,
C. other materials contaminated with or exposed to infected or contagious
individuals, animals or materials,
d. any material that contains human excrement, waste, blood or other fluid,
e. unused, unwanted or expired prescription medications or other controlled
dangerous substances that can be ingested by humans or animals, bottles
that contain or previously contained such medications or substances, or
other medical supplies used to facilitate the taking of such substances.
NM: 16-5399/152825.doc
ORDINANCE NO.4129
(c) Penalty. Subsections (a) and (b) apply to all persons within the City and is in
addition to any other anti -littering and/or dumping and/or waste provisions as provided in
federal, state, or county law or provided within this Code. Any person who purposely or
knowingly violates subsection (b) shall, upon conviction thereof, be guilty of a
misdemeanor and subject to a fine not to exceed $1,000.00 or be imprisoned for a period
not to exceed six months, or both. Subsection (a) is an infraction subject to the penalties
outlined in section 1.16.040 of this Code.
SECTION 2. 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 And , 2017.
ATTEST:
Z") 4&�dn4d�_
ity Clerk
I � �
Art i -, "—AW
• It, ;i
City Attorney
TED AND APPROVED:
1
Police Chief
MD:16-5399/152825.doc
Ord. No. 4129
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 April 3, 2017, and was again read to said City
Council at a Regular meeting thereof held on April 17, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: O'Connell
ABSENT: None
ABSTAIN: None
I, Robin Estanislau, 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
Wave on April 27, 2017.
In accordance with the City Charter of said City.
Robin Estanislau, Cily Clerk
Senior Deputy City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
HBMC CHAPTER 8.21
It shall be unlawfW for- ", per -son to east, > >
> >
8.21.040 Littering/Dumping of Refuse or Waste Prohibited
(a) It shall be unlawful for any person to cast, deposit, place, sweep, throw, discard or leave any
refuse or cause such refuse to be cast, deposited, swept, placed. thrown. discarded or left in any
place, public or private, within the City, without the express permission of the owner of the
premises.
(b) No person shall throw, discard or deposit infectious or potentially infectious waste in any
amount on any public street, sidewalk, beach, park or other public property within the City. or
private property within the City not owned by the person, or in or upon anv body of water within
the jurisdiction of the City:
"Infectious waste" refers to all waste materials which are defined as being injurious to the public
health or safety by federal, state, or county statutes, legislation, policiesor rules and regulations
as they may be amended from time to time. Examples include, but are not limited to:
a. hypodermic needles, pen needles, intravenous needles, syringes, lancets and other
instruments used to administer medication or otherwise designed to cut or pierce the skin
b. disposable diapers, rags, or other materials used to clean areas infected by human or animal
waste or fluids.
c. other materials contaminated with or exposed to infected or contagious individuals.
animals or materials.
d. any material that contains human excrement, waste, blood or other fluid,
e. unused unwanted or expired prescription medications or other controlled dangerous
substances that can be ingested by humans or animals, bottles that contain or previously
contained such medications or substances, or other medical supplies used to facilitate the
taking of such substances.
c) Penalty. Subsections a and (b) apply to all persons within the Citv and is in addition to an
other anti -littering and/or dumping and/or waste provisions as provided in federal, state. or county
law or provided within this Code. Any person who pur nosely or knowingly violates subsection
b) shall, upon conviction thereof, be guilty of a misdemeanor and subject to a fine not to exceed
1,000.00 or be imprisoned for a period not to exceed six months. or both. Subsection
infraction subject to the penalties outlined in section 1.16.040 of this Code.
MD/ 16-5399/152820.docx
ATTACHMENT
#6
RESOLUTION NO. 2017-13
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REGARDING THE ADMINISTRATIVE
PROCEDURE FOR THE REMOVAL OF UNLAWFUL CAMPSITES,
BULKY ITEMS, AND PERSONAL PROPERTY
WHEREAS, on March 20, 2017, the City Council adopted Ordinance No 4119 regarding
Camping, and Unattended Property; and
In addition to the proliferation of camping on public property which obstructs access by
pedestrians and by emergency vehicles, individuals camping frequently urinate and defecate on
City property (and nearby private property) causing unsanitary conditions to persist within the
area of the camping creating an environment for the spread of disease and bacteria; and
The City Council contemplated that concurrently with adopting Ordinance No 4119, it
would adopt administrative procedures that would provide community outreach and supportive
services and advance notice to affected individuals as to the provisions of the Ordinances and
would provide guidance and assistance in complying with such requirements within a reasonable
time after notice; and
Through the Ordinances, the City Council hereby declares its intent to prevent the
misappropriation of City property for personal use and to promote the public health, safety, and
welfare by ensuring that City property remains in a clean, sanitary, and accessible condition; and
The City Council finds and determines that this Administrative Procedure declares the
City's intent and its procedures for implementation and enforcement of the Ordinances,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
ADMINISTRATIVE PROCEDURE FOR THE REMOVAL OF PERSONAL
PROPERTY STORED ON CITY PROPERTY PURPOSE:
l . This Administrative Procedure will guide implementation and enforcement of
Chapters 12.32 and 13.10 of the Huntington Beach Municipal Code which
prohibits camping and the storing of personal property on public property, and
also prohibit sitting and lying down on certain public ways. This Procedure
requires outreach to affected individuals, referral of individuals to supportive
services, reasonable advance notice to affected individuals of the deadlines by
which they are to remove their personal property from public property, the
deadline by which the personal property that has been removed must be picked up
from City storage before it will be destroyed, and an exception to permit the
temporary use of tents, sleeping bags, and sleeping overnight between 10:00 p.m.
and 6:00 a.m. the next morning in certain areas of the City.
SF:16-53 99/ 142714
Resolution No. 2017-13
2. EXCEPTION - TEMPORARY TENTS AT NIGHT FOR SHELTER -RELATED
OUTREACH: 13.10 of the Huntington Beach Municipal Code prohibit camping
and lying down on public property throughout the City. Notwithstanding that
prohibition, this Administrative Procedure exempts homeless individuals from
camping on City property overnight in order for them to have shelter at night, as
long as those items are removed from City property by 6:00 a.m. the next
morning, and the individuals are not violating any other laws. Further, no
camping is permitted at any time at the Civic Center, the Pier, Pier Plaza,
Downtown Huntington Beach, any public or private school.
3. The "Outreach" section below describes how the City will engage other agencies
and keep a current inventory of available shelter beds at any given point in time,
direct persons in need to these resources, and continue to support these shelter and
housing efforts directly with its assets and indirectly through its various service
funding efforts.
4. This policy is a fluid document that may be updated and revised from time -to -
time by the City Manager or his designee, as needed, to adapt to the needs of the
community and the City.
REPORTING AN UNLAWFUL CAMPING: All reports of the unlawful storage
of personal property on City property, including homeless camping on City
property, are to be directed to the Police Chief of his or her designee.
6. The Huntington Beach Police Department may conduct a site visit, and document
the camping activities. The Huntington Beach Police Department may initiate a
cleanup strategy based primarily on the threat to others or property. If there is an
apparent immediate threat to the public health, safety, or welfare, or immediate
threat to others, themselves, or to private or public property, an immediate
response may be initiated and the conditions giving rise to the immediate threat
shall be documented in writing.
7. Cleanup of unlawful camping will, whenever possible, include an outreach
strategy for those camping. The purpose of the outreach is to unite and engage
the appropriate social service providers (employed by agencies other than the
City) with the needs of persons camping. Storage bags will be provided prior to
the removal or personal property for storage upon request.
8. Concurrently with cleanup of the unlawful camping, pursuant to Chapter 13.10 of
the Municipal Code, the City shall post and provide a notice, entitled "Notice of
Clean -Up" which states:
a. A general description of the personal property to be removed and
the location from which the personal property will be removed;
2
SF: 16-5399/142714
Resolution No.2017-13
b. A statement that the personal property in the Public Area is currently
being stored in violation of the Huntington Beach Municipal Code;
c. Describe where the removed personal property will be stored, if not
removed by the deadline listed in the notice;
d. Personal property not recovered after 90 days of City storage will be
deemed abandoned and destroyed.
If any form of prescription medications, prescription eye glasses, or
personal identification (drivers' licenses, birth certificates, social security
cards, etc.) is found, such items shall be placed safely aside for the City
representative to manage. If at all possible, the owner of these types of
items shall be located during the cleanup and reunited with their items. If
the owner cannot be found on -site, the items will be given to a social
service provider for custody or if necessary, be taken back to the Public
Works Office until the owner is found, and held for at least 90-days.
f. Any Bulky Items (couch, mattress or other property too large to be stored
in a garbage receptacle), and trash, garbage, or other waste and/or insect
infested items not suitable for storage or for continued use shall be sorted
into piles and disposed of or recycled appropriately.
g. Individuals affected by the clean-up can call the Huntington Beach Police
Department at 714-536-5944 and arrange to retrieve their personal
property from the City.
h. Individuals whose personal property has been removed and stored by the
City will not be fined, charged or otherwise cited by the City for its cost to
move and store it.
i. Personal Property will be stored for 90-days from the Date written above
and if not recovered within that time will be deemed abandoned and will
be destroyed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd day of April , 2017.
SF:16-5399/142714
R esolutionNo. 2017-13
Ml
�4 m",; M, rnli
ILI
•
UV4
....• ....• •A
INITIATED AND APPROVE
lz�4
Police Chief
SF:16-5399/142714
Res. No. 2017-13
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on April 3, 2017 by the following vote:
AYES: Semeta, Posey, Delgleize, Brenden, Peterson
NOES: None
ABSENT: Hardy
RECUSE: O'Connell
4�r� 9,4�dnaj�
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
4/3/2017
Updating City Municipal Codes
o Section 12.32 - Relates to sidewalks and obstructing
• Recommended action: Add new language to help define the
activity of these areas.
• Changes require several subsections to be re -numbered.
0 12.32.015-Fourth of July Parade Viewing
• Recommended action: Change "public property to public way
public space." Change Municipal Code to 12.32.025
Updating City Municipal Codes
0 12.32.100-Nuisance
• Recommended action: Change Municipal Code to 12.32.130. Add "the Pier,
Pier Plaza, the Civic Center, any Public Place or Public Ways,"
0 12.32.110-relates to : Conduct on Public Property,
Monuments, Fountains, and Lawns.
This code would prohibit the destruction of public and private property
and forbid the misuse of public and private fountains, planters, bike
racks, and benches from its intended purpose. This new section also
provides a way to enforce the intentional throwing of objects that may
adversely affect the public in the downtown area (100 to 500 block of
Main St).
2
4/3/2017
Proposed New Municipal Code
0 13.08.005-Definitions/Beach Regulation
• Recommended action: add: "adjacent Beach Area"
Adjacent Beach Area will include the mean tide of Pacific Ocean,
Anderson st, Bolsa Chica, the beach service road, the Pier, Pier
Plaza, walkways, guardrails, hills, raised banks, structures and
beach parking lots. It extends from the tide line of the pacific
Ocean to the west curb line of PCH from Warner to the Santa
Ana River.
Updating City Municipal Codes
0 13.08.005-Definitions/Smoke or Smoking
• Recommended action: Update language to include e-cigarette,
vaporizing, etc.
3
4/3/2017
Updating City Municipal Codes
0 13.48.115-Definitions-No Smoking in
Parks/Beaches
Existing ordinance prohibits smoking on beaches, this ordinance
expands the areas smoking is prohibited to include City parks
o Section 8.21.040- Relates to dumping of refuse
• Recommended action: Add a littering component to include infection
waste such as hypodermic needles, syringes, diapers, and otbe€;
hazardous material._
Proposed New Municipal Code
0 13.10-Camping in Public Areas
• This will be a new code complete with new definitions, provisions, and "
penalties. The code is based on research of other cities whose ordinan
have faced and endured challenges.
0 13.10.040-Storage of Personal Property on publi
and private property.
It is unlawful for any person to store personal pro
public area or the Civic Center
4
4/3/2017
Updating City Municipal Codes
o Repeal the following Municipal Codes
0 13.10-Camping in Public Areas
• 13.10.010-Purpose and Intent
• 13.10.020-Definitions
• 13.10.030-Unlawful camping in Public Places
• 13.10.040-Unlawful Storage of Personal Property in public places
• 13.10.050-Violations-Penalty
5