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Home My WebLink AboutAdopt Ordinance No. 4204 Repealing Chapter 10.40.125 of the /WPOW V&p -7 O 1-11DOPr7OAJ � City of Huntington Beach File #: 19-1288 MEETING DATE: 2/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subiect: Adopt Ordinance No. 4204 repealing Chapter 10.40.125 of the Huntington Beach Municipal Code regarding vehicles marked for sale on streets, as it is no longer legally valid Approved for introduction February 3, 2020 - Vote: 7-0 Statement of Issue: Police Department Staff and the City Attorney's Office reviewed Huntington Beach Municipal Code (HBMC) section 10.40.125 in light of a Federal (United States District Court for the Central District of California) decision and other First Amendment considerations and determined that HBMC section 10.140.125 should be repealed. Financial Impact: This ordinance has not been enforced for several years due to the above referenced case decision. There is no financial impact associated with repealing this ordinance. Recommended Action: Adopt Ordinance No. 4204, "An Ordinance of the City of Huntington Beach Repealing Chapter 10.40.125 of the Huntington Beach Municipal Code Relating to Sale On Vehicles Upon Streets." Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The Police Department occasionally receives citizen complaints regarding legally parked vehicles on public roadways being marked for sale and not moving for extended periods. As it stands currently, HBMC section 10.40.125 allows Police and Code Enforcement employees the ability to issue citations for this violation. On October 17, 2000, the United States District Court for the Central District of California rendered a decision in Burkow v. City of Los Angeles. In summary, the court ruled a citizen's display of a "For Sale" sign on a vehicle was protected commercial speech under the U.S. Constitution and the ordinance did not directly advance public interest. The facts and circumstances with this case are on point with the intent of our ordinance and enforcement practices. City of Huntington Beach Page 1 of 2 Printed on 2/13/2020 �� powere3.*Legistar"" File #: 19-1288 MEETING DATE: 2/18/2020 In light of this court case decision, we recommend the ordinance be repealed. Leaving the ordinance in place could create confusion for our citizens as they see it in the Huntington Beach Municipal Code and believe enforcement action is possible. For several years, the Police Department has been acting in accordance with the Burkow v. City of Los Angeles case. There have been no citations issued for violating the provisions of the existing code and enforcement entities use other available codes to deter illegal parking issues, such as enforcing the 72-hour ordinance. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Ordinance No. 4204 Repealing HBMC 10.40.125 2. Legislative Draft Repealing HBMC 10.40.125 City of Huntington Beach Page 2 of 2 Printed on 2/13/2020 powereaA*LegistarTM ORDINANCE NO. 4204 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 10.40.125 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO SALE ON VEHICLES UPON STREETS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 10.40.125 of the Huntington Beach Municipal Code is hereby repealed. 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 18th day of February , 2020. ayor ATTEST- APPROVED A City Clerk ity Attorney VIE AN APPR ED: ITIIAATED AND APP ED: City Manager Police Chief 20-8347/223242 1 Ord. No. 4204 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 February 3, 2020, and was again read to said City Council at a Regular meeting thereof held on February 18,2020, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None 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 February 27,2020. In accordance with the City Charter of said City. ' •'V - Robin Estanislau, Ci- Clerk City Clerk`and ex-officio'Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California LEGISLATIVE DRAFT HBMC SECTION 10.40.125 A. No person shall pat!k a vehiele upon a publie or pfivate street, padiing let or-any publie OF private pr-opefty fof the pur-pose of displaying sueh vehiele thefeon fef sale, hire or fental,unless thee pr-opef:ty is duly lieensed and zoned by the Gity to transaet that type of business at that loeation, B. Subseetion,k of this seetion shall not prohibit pefsons 4om par-king vehieles on pr-iN,a4 add .mot t said p to side.ti l p eft-y C. Subseetion A of this seelion shall not prohibit persons ffom par-king vehieles on pfivat pFopef:ty, other-than theif own, when they have obtainedwrit4en pefmission ffom the propefty owne >must inelude the name, address and telephone number-of the pr-opef4y oivner, and must be displayed in or-upon the vehiele h , mafifier that;t; easily .,,table F oFfl outside the yehi..lo Development,D. The Difeetor of Community designee, is authorized to enfof!e-e 20-8347/223243 City of Huntington Beach File #: 19-1288 MEETING DATE: 2/3/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subject: Approve for introduction Ordinance No. 4204 repealing Chapter 10.40.125 of the Huntington Beach Municipal Code regarding vehicles marked for sale on streets, as it is no longer legally valid Statement of Issue: Police Department Staff and the City Attorney's Office reviewed Huntington Beach Municipal Code (HBMC) section 10.40.125 in light of a Federal (United States District Court for the Central District of California) decision and other First Amendment considerations and determined that HBMC section 10.140.125 should be repealed. Financial Impact: This ordinance has not been enforced for several years due to the above referenced case decision. There is no financial impact associated with repealing this ordinance. Recommended Action: Approve for introduction Ordinance No. 4204, "An Ordinance of the City of Huntington Beach Repealing Chapter 10.40.125 of the Huntington Beach Municipal Code Relating to Sale On Vehicles Upon Streets." Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The Police Department occasionally receives citizen complaints regarding legally parked vehicles on public roadways being marked for sale and not moving for extended periods. As it stands currently, HBMC section 10.40.125 allows Police and Code Enforcement employees the ability to issue citations for this violation. On October 17, 2000, the United States District Court for the Central District of California rendered a decision in Burkow v. City of Los Angeles. In summary, the court ruled a citizen's display of a "For Sale" sign on a vehicle was protected commercial speech under the U.S. Constitution and the ordinance did not directly advance public interest. The facts and City of Huntington Beach Page 1 of 2 Printed on 1/29/2020 power'?LegistarTM File #: 19-1288 MEETING DATE: 2/3/2020 circumstances with this case are on point with the intent of our ordinance and enforcement practices. In light of this court case decision, we recommend the ordinance be repealed. Leaving the ordinance in place could create confusion for our citizens as they see it in the Huntington Beach Municipal Code and believe enforcement action is possible. For several years, the Police Department has been acting in accordance with the Burkow v. City of Los Angeles case. There have been no citations issued for violating the provisions of the existing code and enforcement entities use other available codes to deter illegal parking issues, such as enforcing the 72-hour ordinance. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Ordinance No. 4204 Repealing HBMC 10.40.125 2. Legislative Draft Repealing HBMC 10.40.125 City of Huntington Beach Page 2 of 2 Printed on 1/29/2020 powerbb LegistarTM