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Home My WebLink AboutOrdinance #4228 ORDINANCE NO. 4228 AN ORDINANCE OF THE CITY OF 1-IUNTINGTON BEACH AMENDING CHAPTER 13.10 OF THE HUNTINGFON BEACH MUNICIPAL CODE PROI-I I BITING THE STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE PROPERTY The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 13.10.020 of the Huntington Beach Municipal Code is hereby amended to insert the following definition in alphabetical order: "Stored Personal Property" means any tangible property a person may deposit in a location with an intent to recover at a later time. Tangible property includes, but is not limited to goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing; documents, medication, and household items. Stored Personal Property excludes intentionally discarded refuse, trash, and/or tangible property. SECTION 2. Section 13.10.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.10.040 Unlawful Storage of Personal Property on Public and Private Property It shall be unlawful and a public nuisance f'or any person to leave Stored Personal Property on Public Property or Private Property without the consent of the Property owner or except as otherwise approved by the Police Chief, the Community & Library Services Director, the Public Works Director. or any of their designees. Stored Personal Property left on Public or Private Property in violation of this Section may be impounded pursuant to the provisions of this Chapter. 13.10.041 Impounding Stored Personal Property A. The Police Chief, or his or her designee. is authorized to impound Stored Personal Property located on Public Property or Private Property pursuant to the provisions of this Chapter. The Police Chief is authorized to adopt written policies and procedures to implement provision of this Chapter. Nothing in this Chapter shall be construed to limit or otherwise interfere with State law regarding the impounding of evidence related to a crime. B. Stored Personal Property may be impounded and disposed of without notice if there is a cause to reasonably believe that the Stored Personal Property is: 1. Perishable: 1 20-9045/244888 ORDINANCE NO. 4228 2. Contaminated with feces, urine or bodily fluid; 3. Infested with insects: 4. Contaminated with mold or mildew: 5. Intentionally discarded; 6. An immediate threat to public health or safety; C. Stored Personal Property may be impounded without notice if there is a cause to reasonably believe that the Stored Personal Property is: 1. Evidence of a crime; or 2. Evidence in a criminal investigation, or 3. Unlawful to possess. D. Except as provided above, Stored Personal Property located on Public or Private Property may be impounded after providing 24 hours actual or posted notice as provided in this Section. E. Actual Notice shall be deemed provided by placing on or near the Stored Personal Property a writing containing the following information: 1. A general description of the Stored Personal Property; 2. The location of the Stored Personal Property; 3. The date and time the notice was placed; and. 4. A statement that the Stored Personal Property has been deposited in violation of this Chapter 13.10. and will be impounded by the City if the Stored Personal Property is not removed within twenty- four (24) hours of issuance of Actual Notice. P. Posted Notice shall be deemed provided by erecting at least one sign in a conspicuous place providing notice that any Stored Personal Property found in a described area may be removed, and impounded if not claimed and removed within twenty-four hours after being discovered. The sign shall provide a phone number and address where a person may receive information to recover his or her Personal Property. G. After the notice period has expired, the Stored Personal Property shall be deemed abandoned and may be impounded. Prior to impounding Stored Personal Property, the City will provide notice in a conspicuous place at or near where the Stored Personal Property was located with the following information: 1. A general description of the Stored Personal Property; 2. The location ofthe Stored Personal Property; 3. The date and time the notice was placed. and. 4. A statement that the Stored Personal Property has been impounded by the City and the process to re-claim. 20-9045/235683/SFF ORDINANCE NO. 4228 13.10.042 Impounding Personal Property after Closure Notwithstanding Section 13.10.041, any Stored Personal Property located in any area that is posted with conspicuous signs indicating the area is closed to the public may be immediately impounded without notice. The posted signs must contain language indicating that all Stored Personal Property found during the hours the area is closed will be impounded. The sign shall describe where the Stored Personal Property will be stored, including a telephone number and the address where a person may receive information regarding how to recover the Personal Property. 13.10.043 Storage and Disposal of Impounded Personal Property A. Stored Personal Property that is impounded pursuant to this Chapter shall be stored by the City for a period of ninety (90) days. If the owner of the Stored Personal Property is reasonably ascertainable, the Police Chief, or his or her designee, shall promptly notify the owner of the procedure to claim his or her Personal Property. B. The Police Chief, or his or her designee shall return the Stored Personal Property to its owner upon presentation of satisfactory evidence of ownership. C. In the event the Stored Personal Property is not claimed within ninety (90) days, it may be subject to disposition as provided in Huntington Beach Municipal Code (I-IBMC) Chapter 2.96. 13.10.044 Dangerous or Perishable Stored Personal Property Subject to the provisions of Section 13.10.041 and 13.10.042, Stored Personal Property may be disposed of immediately and without notice, in a manner that the Chief of Police determines to be in the public interest, when such Stored Personal Property is perishable, contaminated with feces, urine or bodily fluid, infested with insects, contaminated with mold or mildew, constitutes an immediate danger to the public health or safety, or is infectious waste as defined in 1-1BMC Section 8.21.040. SECTION 3. Section B.10.090 is hereby repealed in its entirety and replaced to read as follows: 13.10.090 Violations, Penalties and Enforcement Notwithstanding any other provision in this Code, each violation of the provisions of this Chapter shall be enforced alternatively as an infraction. SECTION 4. This Ordinance shall become effective 30 days after its adoption. 3 20-9045/235683/SFF ORDINANCE NO. 4228 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of March 2021. ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager / City Attorney Ow (/INITIATED AND APPROVED: C Police C ief 4 20-9045235693/SFF Ord. No. 4228 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and es-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 16, 2021, and was again read to said City Council at a Regular meeting thereof held on March 1, 2021. and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Kalmick, Ortiz, Carr, Nosey, Moser, Delgleize NOES: Peterson ABSENT: None ABSTAIN: None I.Robin Estanislau.Cl 'Y CLERK of the City of Huntington Beach and es-officio Clerk of the City Council,do hcrcby certify that a synopsis of this ordinance has been published in the Huntington Beach NSnro on March 11,2021. In accordance with the Citv Charter of said ON. i Robin Estanislau, City Clerk City Clerk and ex-officio Clerk DeputeCitvClerk of the City Council of the City of Huntington Beach. California