HomeMy WebLinkAboutOrdinance #4220 ORDINANCE NO. 4220
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER
2.29 TO THE HUNTINGTON BEACH MUNICIPAL CODE
REGARDING CONDUCT ON CITY HALL CAMPUS
The City Council of the City of Huntington Beach does hereby ordain'as follows:
SECTION 1. Findings.
A. Every person has a First Amendment right to speak within traditional public
forums, provided that the person is not interfering with or endangering the performance of
governmental duties or interfering with other person's ability to engage in First Amendment
Speech.
B. Subject to certain exceptions, the interior of the City Hall Complex of the City of
Huntington Beach, including City Hall, are not traditional public forums.
C. The Brown Act, California Government Code sections 54950 et seq., provides in
general terms,that members of the public must be provided notice of and access to public
meetings including City Council, and other public City meetings.
D. In addition to requiring the public's business to be conducted in open, noticed
meetings, the Brown Act also extends o the public the right to participate in meetings.
Individuals, have the right to attend ecord, broadcast,and participate in public meetings.
E. The Brown Act allows Legislative bodies to adopt reasonable regulations on
public testimony and the cond t of public meetings, including measures to address disruptive
conduct and improper speech.
E. This Ordinance is intended to comply with and balance the public right to free
speech and participatio during public City meetings, with reasonable rules of decorum.
SECTION . Chapter 2.29 entitled"Conduct on City Hall Campus" is added to the
Huntington Bea Municipal Code to read as follows:
2.29.0 0 Definitions:
"Public Ci Meeting" is any meeting that is subject to the Brown Act, including but not limited
to City uncil and Planning Commission Meetings, Board and Commission Meetings, and any
other s sidiary committee subject to the Brown Act.
"Ci Official" is any elected or appointed officer or official of the City, including but not
li ited to City Council members, Planning Commissioners, City Attorney, City Manager and
epartment Heads.
NO ACTION TAKEN
ORDINANCE NO. 4220
2.29.020 Decorum, Conduct on City Hall Campus
Conduct at Public City Meeting at City Hall shall be in accordance with the following rules:
(a) No person shall use amplified sound devices and/or instruments, or engag n
cheering, yelling, whistling, handclapping, and/or foot stomping, in a manner which d' pts or
otherwise impedes the orderly conduct of a Public City Meeting after being warned a City
Official.
(b) Unless addressing a City Official or entering or leaving the Council Chambers or
other Public City Meeting place, or unless permitted by a City Official, no individuals shall
approach or be in the "well" (the well is defined as the space between th�r Staff Tables,the Public
Speaking Podiums, and the Council Dias), or stand or sit in the walkwdy aisles, or block any
doorways, pathways, or points of ingress or egress, unless permitte by a City Official.
(c) Members of the audience shall not disturb or ditupt persons who are addressing
Public Officials, Public Officials who are speaking, or othervvise impede the orderly conduct of a
Public City Meeting. All persons addressing Public Officials, including City Council during the
designated public speaking time, or when called upon, shall not yell, scream, or use profanity.
(d) After being warned by a Public Off 'al, it shall be unlawful for any person to
continue to yell, scream, or use profane language t any time during a Public City Meeting, or
otherwise interrupt the proceedings, when aske to do so by a Public Official, including by the
Sergeant-At-Arms. j
(d) Smoking, including use of an "e-cigarettes," is prohibited in the Council
Chambers or 50 feet from City Hall.
(e) Photographs, audiot es, and videotapes shall not be taken in any manner which
disturbs or disrupts the audience, peakers or Public Officials, or otherwise disrupts a Public City
Meeting.
(f) Except as au orized by a City Official, animals are prohibited in the Council
Chambers, except for trai d service animals as defined under State and Federal law.
2.29.030 Pe lty
V' lations of provisions of this Chapter may be punishable as an infraction or
misdemeanor.
/20-8840/232954
ORDINANCE NO. 4220
SECTION 3. If any section, subsection, sentence, clause,phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of cgrnpetent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one
or more section, subsections, sentences, clauses, phrases,parts, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 2020.
ATTEST:
City Clerk Mayor
IN TED AND AP P OVED: / APPROVED AS TO FORM:
City Manager rn City Atro#y
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