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HomeMy WebLinkAboutAdopt Ordinance No. 4202, Which Amends Chapter 13.54 of the IVPkO✓ED Fa A&PTI D Al -7—p DWCity of Huntington Beach Iwo File #: 19-1289 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: Adopt Ordinance No. 4202, which amends Chapter 13.54 of the Huntington Beach Municipal Code regarding specific events to prohibit weapons at parades and protests Approved for introduction 1/21/2020 - Vote: 7-0 Statement of Issue: There have been an increasing number of demonstrations, protests, rallies, and other public assemblies that have drawn local, state and national attention to a variety of emotionally charged topics. Orange County and Huntington Beach have had several of these type events. The climate and opportunity for citizens to exercise their freedom of speech, coupled with the use of social media, has led to a surge of public opinion and negative dialogue between groups which has on occasion led to violence. The utmost priority of the City of Huntington Beach is to respect the rights of protestors and attendees of public gatherings to ensure they are afforded the same safety and security protections. We also must protect citizens, protestors, and public safety professionals and take measures to protect public and private property from damage. Groups and individuals attending or participating in these events in public places have been known to bring with them weapons and/or items or articles that are generally considered as reasonably capable of being used as weapons to commit unlawful and/or violent acts during the event, posing serious threats to life, safety and property. Financial Impact: There is no known financial impact at this time. Recommended Action: Adopt 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." Alternative Action(s): City of Huntington Beach Page 1 of 2 Printed on 1/29/2020 powere24g Legistar— File #: 19-1289 MEETING DATE: 2/3/2020 Do not approve the proposed Ordinance and direct staff accordingly. Analysis: A primary mission of the City is to preserve public safety, protect public and private property, and to prevent damage to City facilities while fairly balancing the rights of free speech and peaceful assembly during demonstrations, rallies and protests on public property. 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 facing unnecessary risks or suffering injury. Recent history has shown 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, glass bottles or containers filled with harmful substances, and aerosol sprays to cause flames or attack olfactory systems. The proposed amendment to Chapter 13.54 of the Municipal Code seeks to balance the public interests, protect property, and safety concerns while safeguarding the rights of persons to freedom of speech and peaceful assembly while on public property. This section would be applicable at specific and spontaneous events and would prohibit the carrying of specified items or articles while attending or participating in the event. It establishes application guidelines, permit processes and timelines, and provides criteria, which regulates the size, type, and nature of signage, flags, banners and/or other visual aids that would be utilized during the event. If passed, educational efforts would be conducted to ensure event planners were aware of the regulations and they will have adequate time to plan accordingly. Violations of this chapter are a misdemeanor punishable by a fine of$1,000.00 or imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Proposed Ordinance No. 4202, including legislative draft amending HBMC Chapter 13.54 regarding specific events to prohibit weapons at parades and protests. City of Huntington Beach Page 2 of 2 Printed on 1/29/2020 powerE244 LegistarTM /,J �/v/J � r-) '/-2-11DPP, Vb-D 4_O Fvrz lAnP00W 770" _ City of Huntington Beach 3zo�pi�ovEb �� l �4 DDPT7ol�! -7-D File #: 19-1289 MEETING DATE: 1/21/2020 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. 4202, which amends Chapter 13.54 of the Huntington Beach Municipal Code regarding specific events to prohibit weapons at parades and protests Statement of Issue: There have been an increasing number of demonstrations, protests, rallies, and other public assemblies that have drawn local, state and national attention to a variety of emotionally charged topics. Orange County and Huntington Beach have had several of these type events. The climate and opportunity for citizens to exercise their freedom of speech, coupled with the use of social media, has led to a surge of public opinion and negative dialogue between groups which has on occasion led to violence. The utmost priority of the City of Huntington Beach is to respect the rights of protestors and attendees of public gatherings to ensure they are afforded the same safety and security protections. We also must protect citizens, protestors, and public safety professionals and take measures to protect public and private property from damage. Groups and individuals attending or participating in these events in public places have been known to bring with them weapons and/or items or articles that are generally considered as reasonably capable of being used as weapons to commit unlawful and/or violent acts during the event, posing serious threats to life, safety and property. Financial Impact: There is no known financial impact at this time. Recommended Action: Approve for introduction 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." Alternative Action(s): Do not approve the proposed Ordinance and direct staff accordingly. City of Huntington Beach Page 1 of 2 Printed on 1/15/2020 powered Legistarl" File #: 19-1289 MEETING DATE: 1/21/2020 Analysis: A primary mission of the City is to preserve public safety, protect public and private property, and to prevent damage to City facilities while fairly balancing the rights of free speech and peaceful assembly during demonstrations, rallies and protests on public property. 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 facing unnecessary risks or suffering injury. Recent history has shown 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, glass bottles or containers filled with harmful substances, and aerosol sprays to cause flames or attack olfactory systems. The proposed amendment to Chapter 13.54 of the Municipal Code seeks to balance the public interests, protect property, and safety concerns while safeguarding the rights of persons to freedom of speech and peaceful assembly while on public property. This section would be applicable at specific and spontaneous events and would prohibit the carrying of specified items or articles while attending or participating in the event.. It establishes application guidelines, permit processes and timelines, and provides criteria, which regulates the size, type, and nature of signage, flags, banners and/or other visual aids that would be utilized during the event. If passed, educational efforts would be conducted to ensure event planners were aware of the regulations and they will have adequate time to plan accordingly. Violations of this chapter are a misdemeanor punishable by a fine of$1,000.00 or imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Proposed Ordinance No. 4202, including legislative draft amending HBMC Chapter 13.54 regarding specific events to prohibit weapons at parades and protests. City of Huntington Beach Page 2 of 2 Printed on 1/15/2020 powered LegistarTM 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. 2 208390/19-7692/SFF ORDINANCE NO. 4202 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 3 208390/19-7692/SFF 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: el4i� City Clerk v�6t City Att�rney �114 I WED AND PROVED: INITIATED AND APPROVED: City Manager Police Chief 4 208390/19-7692/SFF Title 13 PUBLIC PROPERTY 13.54.010 Definitions "Director"refers to the Director of Community Services Department and/or his/her designee. "Fourth of July Parade" is that annual parade sponsored by the City of Huntington Beach. "Parade"means any march, parade, procession or public assembly consisting of persons or animals or vehicles or any combination thereof, upon any public or quasi-public street, road, highway, sidewalk, alley, park, parkway, pier, beach,building or other public or quasi-public place, which obstructs or unreasonably interferes with the free passage of vehicular traffic or pedestrian travel. "Parade route"means the entire route of a parade as approved by the director. "Parkway"means that area between the edge of the roadway and the adjacent property line excluding that area occupied by the sidewalk. Parkway shall also include any area within a roadway which is not open to vehicular travel. "Public property" includes, but is not limited to, sidewalks, parkways, streets, and medians. "Roadway"means that portion of a street improved, designated, or ordinarily used for vehicular travel. "Rope" is any rope, ribbon, string, line or other device used to delineate a public area for parade viewing by private parties. "Seat" is any common chair, stool, folding chair, folding stool, bench or similar device whose purpose is seating. "Sidewalk" means any surface provided for the exclusive use of pedestrians. "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 e-chapter has no application to events that are conducted on private property. "Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks. "Structure(including grandstand)" is that which is framed or erected. "Grandstand" is a structure whose primary purpose is seating 13.54.110 Permit—Late Applications A. Any application received after the deadlines established in Section 13,44,040 i a late application. The dDirector may consider any permit application filed less than 90 days prior to the time requested for holding a Specific Event.\ B. The Director shall accent a late application if he/she finds that: 1. The proposed event is in response to an occurrence whose timing did not 19-7692/221620 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. 13,54,135— Prohibition on carrvina 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 (CEWsI, 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. 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. 19-7692/221620 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. 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 19-7692/221620 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. Robin Estanislau,Qfty Clerk City Clerk and ex-officio Clerk . Deputy City Clerk of the City Council of the City of Huntington Beach, California