HomeMy WebLinkAboutOrdinance #4202 ORDINANCE NO. 4202
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.54 REGARDING SPECIFIC EVENTS TO PROHIBIT
WEAPONS AT PARADES AND PROTESTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Findings.
A. It is imperative that individuals engaging in peaceful expressive public activity,
and law enforcement personnel dedicated to protecting such activity, be allowed to do so without
suffering injury.
B. Of late, groups and individuals attending or participating in public protests
committed unlawful and/or violent acts during demonstrations and rallies using weapons
brought to the event, or using otherwise ordinary items as weapons. Violence between
demonstrators and counter-demonstrators, and violence against law enforcement personnel has
erupted during recent events in Charlottesville and St. Louis, as well as cities in California,
such as Berkeley and Laguna Beach.
C. On occasion, individuals, acting alone or in concert with others, have used
improvised weapons to inflict injury on others, including law enforcement personnel responding
to these events, thereby posing a real and serious threat to life and safety.
D. A primary mission of the City Council is to preserve public safety, protect
public and private property, and prevent damage to City facilities while fairly balancing the
rights of persons to freedom of speech and peaceful assembly during demonstrations, rallies,
and protests on public property.
E. Various improvised items have been used to injure attendees and harm or
incapacitate law enforcement officers, including wood and metal pipes, poles, bats, chains,
projectiles (such as rocks, concrete, pellets and ball bearings), glass bottles and containers filled
with flammable or noxious substances, and aerosol sprays deployed to cause flames or attack
olfactory systems.
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. The definition of"Specific Event" at Section 13.54.010 of the Huntington
Beach Municipal Code is amended to read as follows:
"Specific event"means the temporary use of public property, including, but not limited
to, streets, beaches, and parks for any purpose including, but not limited to, events such as art
shows, fund-raising events, sidewalk sales, amusement attractions, walkathons, marathon runs,
block parties, parades, demonstrations, rallies, protests, picket lines, public assemblies,
performances, weddings, company events and sporting events, or any combination thereof. This
ORDINANCE NO. 4202
Chapter has no application to events that are conducted on private property.
SECTION 2. Section 13.54.110 of the Huntington Beach Municipal Code is amended
to read as follows:
A. Any application received after the deadlines established in Section 13.54.040 is a
late application. The Director may consider any permit application filed less than 90 days prior to
the time requested for holding a Specific Event.
B. The Director shall accept a late application if he/she finds that:
1. The proposed event is in response to an occurrence whose timing did not
reasonably allow the applicant to file a timely application; and
2. The imposition of the time limitations would place an unreasonable
restriction on the free speech rights of the applicant.
C. If the Director finds both of the conditions of Subsection B are present, he/she
shall accept and process the Specific Event application in accordance with this Chapter, unless it
does not meet the criteria set forth in Section 13.54.040, violates Section 13.54.140, or there is
insufficient time for the City to make necessary preparations for traffic control or to protect the
public safety prior to the proposed date.
SECTION 3 . Section 13.54.135 is added to the Huntington Beach Municipal Code to
read as follows:
13.54.135 —Prohibition on carrying specified items or articles while attending Specific
Event.
A. No person, unless authorized by a valid permit or license from a government
agency, shall carry or possess the following items or articles while attending or participating in
any parade, demonstration, rally,protest, picket line, public assembly or other Specific Event:
1. Weapons such as firearms, knives, swords, sabers or other bladed devices,
axes, hatchets, ice picks, razor blades, nunchucks or martial arts weapons of any kind,
box cutters, pellet or BB guns, conducted electrical weapons (CEWs), including, but not
limited to, Tasers or stun guns, metal/composite/wooden knuckles, or any chain greater
than 20 inches in length or greater than 1/4 inch in diameter. This subdivision also
includes toy or replica firearms unless such toy or replica is florescent colored or
transparent.
2. Baseball or softball bats, regardless of composition or size
3. Any lengths of lumber or wood, regardless of dimension.
4. Any length of metal or plastic pipe.
5. Any aerosol spray, tear gas, mace, pepper spray or bear repellant.
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6. Any projectile launcher or other device, such as a catapult or wrist rocket,
which is commonly used for the purpose of launching, hurling or throwing any object,
liquid, material or other substance, whether through force of air pressure, spring action or
any other mechanism.
7. Balloons, bottles or any other container such as water cannons or super-
soakers, filled with any flammable, biohazard or other noxious matter which is injurious,
or nauseous, sickening or irritating to any of the senses, with intent to throw, drop, pour,
disperse, deposit, release, discharge or expose the same in, upon or about any
demonstration, rally, protest, picket line or public assembly.
8. Glass bottles, whether empty or filled.
9. Open flame torches, lanterns or other devices that utilize combustible
materials such as gasoline, kerosene, propane or other fuel sources.
10. Shields made of metal, wood, hard plastic or any combination thereof.
11. Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings.
B. Notwithstanding Subsection A, signs, posters, banners, plaques or notices may be
carried and presented during the Specific Event, provided they are constructed solely of soft
material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material
no greater than 1/4 inch in thickness. Signs, posters banners, plaques and notices may be
mounted on any length of lumber, wood, or wood lath that is less than 1/4 inch or less in
thickness and 2 inches or less in width, or if not generally rectangular, it shall not exceed 3/4
inch in its thickest dimension. Alternatively, the signs, posters, banners or notices may be
mounted on solid or hollow plastic pipe not exceeding 3/4 inch in its thickest dimension and not
exceeding 1/8 inch in wall thickness, and not filled with any material, liquid, gas or solid. Both
ends of any wood or plastic pipe permissible under this Subsection shall be blunt.
C. When feasible, excluding exigent circumstances, law enforcement personnel shall
issue a warning before enforcing the provisions of this Section. Such warning shall be sufficient
if provided orally, by posted signs or by amplified announcement.
D. Authorized peace officers, or employees, agents or representatives of a
Government Agency, shall be exempt from the provisions of this section when such officers,
employees, agents or representatives of the said Government Agency are engaged in official
business of the Government Agency. In addition, persons permitted or authorized by a
Government Agency through a valid official permit or license to carry concealed weapons, are
also exempt from this section.
E. Nothing in this section shall prohibit an individual from carrying a cane or using a
walker or other device necessary for providing mobility so that the person may participate in a
public protest, demonstration, rally, picket line or public assembly.
SECTION 4: If any section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not
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ORDINANCE NO. 4202
affect the validity of this entire Ordinance or any of the remaining portions hereof. The City
Council hereby declares that it would have passed this Ordinance, and each section,
subsection, subdivision, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
SECTION 5: 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 3rd day of February , 2020.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �� City Att rney �A f
n1WED AND PROVED: INITIATED AND APPROVED:
City Manager Police Chief
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Ord. No. 4202
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 January 21,2020, and was again read to said City
Council at a Regular meeting thereof held on February 3,2020, 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 13,2020.
In accordance with the City Charter of said City. '{, ✓K �GJ.^'w"`'
Robin Estanislau, Ci , Clerk City Clerk and ex-officio Clerk
Gt Deputy City Clerk of the City Council of the City
of Huntington Beach, California