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Home My WebLink AboutApprove for Introduction Ordinance No. 4275 to Amend to Hunt (3) p' 2000 Main Street, of •.� tiN, Huntington Beach, CA (`i n 92648 i of H City untngton Beach fiPmV U -D FUUUNmV t File #: 23-144 MEETING DATE: 2/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Ingrid Ono, Executive Assistant Subject: Adopt Ordinance No. 4275 to Amend to Huntington Beach Municipal Code Chapter 13.08.070 Relating to Dogs and Other Animals - Approved for Introduction February 7, 2023 - Vote: 7-0 Statement of Issue: Huntington Beach Municipal Code (HBMC) Chapter 13.08.070 currently prohibits all animals from entering the Pier or Beach Area bounded by the Beach Service Road and the Pacific Ocean. There is an exception for guide dogs, signal dogs, or service dogs; there is also an exception that allows dogs to enter the beach area commonly known as "Dog Beach," which extends from 22nd Street to Seapoint Avenue. As written, the current code does not provide an exemption for Huntington Beach Police Department (HBPD) horses, which are regularly used to enhance public safety during special events and other times as authorized by the Chief of Police. It also does not provide the ability for an exemption for a special/specific event to include the use of any animals. With an exemption, and regulated by a specific event permit, such future events could permit dog shows, circus events, horse rides, carnivals, or other events to enhance tourism and bring additional attention to Huntington Beach, leading to increased revenue for the City. Financial Impact: There is no direct fiscal impact to approve Ordinance No. 4275. However, there is potential for increased revenue, through fees and tourism, with the permitting of additional specific events where animals are authorized. Recommended Action: Adopt Ordinance No. 4275, "An Ordinance of the City of Huntington Beach Amending Chapter 13.08 of the Huntington Beach Municipal Code Relating to Dogs and Other Animals." Alternative Action(s): Do not approve, and direct staff accordingly. City of Huntington Beach Page 1 of 2 Printed on 2/16/2023 e:e3Q4 LegistarT' File #: 23-144 MEETING DATE: 2/21/2023 Analysis: The amended language updates Chapter 13.08 of the Municipal Code to allow the Police Department's use of their service animals upon the Pier and Adjacent Beach Areas. It also allows a specific event permits to be issued to expressly permitted animals on the Pier and Adjacent Beach Areas, subject to restrictions contained in the specific event permit. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Ordinance No. 4275 2. Current HBMC 13.08.070 City of Huntington Beach Page 2 of 2 Printed on 2/16/2023 powere30*Leg istarTM ORDINANCE NO. 4275 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DOGS AND OTHER ANIMALS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 13.08.070 of the Huntington Beach Municipal Code, is hereby amended to read as follows: Section 13.08.070 Dogs and Other Animals. A. No Person having the care, charge or control of any animal, domesticated or wild, shall permit or allow said animal to be on the Pier or on or upon that Beach or Adjacent Beach Area bounded by the Beach Service Road and the Pacific Ocean, including the Water Activity Zone, unless expressly permitted by a specific event permit. This section shall not apply to a police service animal, or guide dog, signal dog or service dog as defined in Penal Code Section 365.5. This section shall not apply to the Adjacent Beach Areas, and the Water Activity Zone, located north of the line created by extending the northern curb line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than six feet in length are permitted. B. No Person shall permit any animal, domesticated or wild, to be left unattended on the Beach or Adjacent Beach Area. 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 21st day of February , 2023. ATTEST: - Itco4f41, 9,671411-zaittd i 447 ,d0&t„..a____ Mayor City Clerk APPROVED FORM: REVIEWED AND , 'PROV, D: V` City Attorney nAj City �'�ir ITIA AND PPROV : Police Chief 299569/23-12300 1 Ord. No. 4275 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 7,2023, and was again read to said City Council at a Regular meeting thereof held on February 21,2023, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns 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 March 3,2023. J�';� In accordance with the City Charter of said City. ��/ ob. islau Ci Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California 1/9/23,3:50 PM 13.08.070 Dogs and Other Animals Huntington Beach, California Municipal Code MUNICIPAL CODE Title 13 PUBLIC PROPERTY Chapter 13.08 BEACH REGULATIONS 13.08.070 Dogs and Other Animals A. No Person having the care, charge or control of any animal, domesticated or wild, shall permit or allow said animal to be, under any circumstances or conditions, on the Pier or on or upon that Beach or Adjacent Beach Area bounded by the Beach Service Road and the Pacific Ocean, including the Water Activity Zone, unless it is a guide dog, signal dog or service dog as defined in Penal Code Section 365.5, except that upon those Adjacent Beach Areas, and the Water Activity Zone, located north of the line created by extending the northern curb line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than six feet in length are permitted. B. No Person shall permit any animal, domesticated or wild, to be left unattended on the Beach or Adjacent Beach Area. (344-10/31, 554-12/49, 769-7/60, 2907-8/87, 3355-7/97, 3606-6/03, 3930-2/12, 4118-5/17) Contact: City Clerk: 714-536-5227 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 308 https://library.gcode.us/lib/huntington_beach_ca/pub/municipal_code/item/municipal_code-title_13-chapter_13_08-13_08_070 1/1 •21, City of Huntington Beach ,s' INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Councilmembers FROM: Robin Estanislau, City Clerk ft/ DATE: February 6, 2023 SUBJECT: SUPPLEMENTAL COMMUNICATION FOR ORDINANCES FOR INTRODUCTION ITEM NO. 27—ORDINANCE NO. 4275 AMENDING SECTION 13.08.070 OF THE HBMC RELATING TO DOGS AND OTHER ANIMALS Attached is the correct working document to replace the legislative draft originally submitted as Att#2 to the staff report for Ordinance No. 4275 amending Section 13-08- 070 of the HBMC relating to dogs and other animals. c: City Council Executive Team 309 LEGISLATIVE DRAFT HBMC CHAPTER 13.08 Chapter 12.08 13.08.070 Dods and Other Animals A. No Person having the care,charge or control of any animal,domesticated or wild,shall permit or allow said animal to be-under ,on the Pier or on or upon that Beach or Adjacent Beach Area bounded by the Beach Service Road and the Pacific Ocean, including the Water Activity Zone,unless expressly permitted by a specific event permit. event it is a This section shall not apply to a police service animal,or guide dog, signal dog or service dog as defined in Penal Code Section 365.5,exeept-that-upon?rthose This section shall not apply to the Adjacent Beach Areas,and the Water Activity Zone,located north of the line created by extending the northern curb line of 22nd Street to the Pacific Ocean to Seapoint Avenue,wherein dogs constrained by a leash no longer than six feet in length are permitted. B. No Person shall permit any animal,domesticated or wild,to be left unattended on the Beach or Adjacent Beach Area. SUPPLEMENTAL COMMUNICATION Meeting Date: (:'3 /4"7,A)?4"*R- Asly ( 3 ) !tomNo.• 7 - fl 310 200 • Z Huntington on Main Beach,Street, to � ��a��oA< �•: g ti 92648 City of Huntington Beach 9- g^ _ FDi2/ATTWOUeTD/I File #: 23-066 MEETING DATE: 2/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Ingrid Ono, Executive Assistant Subject: Approve for Introduction Ordinance No. 4275 to Amend to Huntington Beach Municipal Code Chapter 13.08.070 Relating to Dogs and Other Animals Statement of Issue: Huntington Beach Municipal Code (HBMC) Chapter 13.08.070 currently prohibits all animals from entering the Pier or Beach Area bounded by the Beach Service Road and the Pacific Ocean. There is an exception for guide dogs, signal dogs, or service dogs; there is also an exception that allows dogs to enter the beach area commonly known as "Dog Beach," which extends from 22nd Street to Seapoint Avenue. As written, the current code does not provide an exemption for Huntington Beach Police Department (HBPD) horses, which are regularly used to enhance public safety during special events and other times as authorized by the Chief of Police. It also does not provide the ability for an exemption for a special/specific event to include the use of any animals. With an exemption, and regulated by a specific event permit, such future events could permit dog shows, circus events, horse rides, carnivals, or other events to enhance tourism and bring additional attention to Huntington Beach, leading to increased revenue for the City. Financial Impact: There is no direct fiscal impact to approve Ordinance No. 4275. However, there is potential for increased revenue, through fees and tourism, with the permitting of additional specific events where animals are authorized. Recommended Action: Approve for introduction Ordinance No. 4275, "An Ordinance of the City of Huntington Beach Amending Chapter 13.08 of the Huntington Beach Municipal Code Relating to Dogs and Other Animals." Alternative Action(s): City of Huntington Beach Page 1 of 2 Printed on 2/1/2023 powerc$4.4 LegistarTM File #: 23-066 MEETING DATE: 2/7/2023 Do not approve, and direct staff accordingly. Analysis: The amended language updates Chapter 13.08 of the Municipal Code to allow the Police Department's use of their service animals upon the Pier and Adjacent Beach Areas. It also allows a specific event permits to be issued to expressly permitted animals on the Pier and Adjacent Beach Areas, subject to restrictions contained in the specific event permit. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Ordinance No. 4275 2. Current HBMC 13.08.070 City of Huntington Beach Page 2 of 2 Printed on 2/1/2023 powere4 LegistarT" ORDINANCE NO. 4275 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DOGS AND OTHER ANIMALS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 13.08.070 of the Huntington Beach Municipal Code, is hereby amended to read as follows: Section 13.08.070 Dogs and Other Animals. A. No Person having the care, charge or control of any animal, domesticated or wild, shall permit or allow said animal to be on the Pier or on or upon that Beach or Adjacent Beach Area bounded by the Beach Service Road and the Pacific Ocean, including the Water Activity Zone, unless expressly permitted by a specific event permit. This section shall not apply to a police service animal, or guide dog, signal dog or service dog as defined in Penal Code Section 365.5. This section shall not apply to the Adjacent Beach Areas, and the Water Activity Zone, located north of the line created by extending the northern curb line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than six feet in length are permitted. B. No Person shall permit any animal, domesticated or wild, to be left unattended on the Beach or Adjacent Beach Area. 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 day of , 2023. ATTEST: Mayor City Clerk APPROVED FORM: REVIEWED AND APPROVED: City Attorney mu City Manager ITIA AND PPROV . Police Chief 299569/23-12300 1 L � in City of Huntington Beach Q' INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Councilmembers FROM: Robin Estanislau, City Clerk DATE: February 6, 2023 SUBJECT: SUPPLEMENTAL COMMUNICATION FOR ORDINANCES FOR INTRODUCTION ITEM NO. 27 — ORDINANCE NO. 4275 AMENDING SECTION 13.08.070 OF THE HBMC RELATING TO DOGS AND OTHER ANIMALS Attached is the correct working document to replace the legislative draft originally submitted as Att #2 to the staff report for Ordinance No. 4275 amending Section 13-08- 070 of the HBMC relating to dogs and other animals. c: City Council Executive Team LEGISLATIVE DRAFT HBMC CHAPTER 13.08 Chapter 12.08 13.08.070 Dons and Other Animals A. No Person having the care,charge or control of any animal, domesticated or wild, shall permit or allow said animal to be,u .,der a .rstances ndition3, on the Pier or on or upon that Beach or Adjacent Beach Area bounded by the Beach Service Road and the Pacific Ocean, including the Water Activity Zone, unless expressly permitted by a specific event permit. event it is a This section shall not apply to a police service animal,or guide dog, signal dog or service dog as defined in Penal Code Section 365.5, This section shall not apply to the Adjacent Beach Areas,and the Water Activity Zone,located north of the line created by extending the northern curb line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than six feet in length are permitted. B. No Person shall permit any animal,domesticated or wild,to be left unattended on the Beach or Adjacent Beach Area. SUPPLEMENTAL COMMUNICATION Meeting Date: /7/c?o€ Agenda item No.; ?7 ( 30 ) 1/9/23, 3:50 PM 13.08.070 Dogs and Other Animals Huntington Beach, California Municipal Code MUNICIPAL CODE Title 13 PUBLIC PROPERTY Chapter 13.08 BEACH REGULATIONS 13.08.070 Dogs and Other Animals A. No Person having the care, charge or control of any animal;domesticated or wild, shall permit or allow said animal to be, under any circumstances or conditio s, on the Pier or on or upon that Beach or Adjacent Beach Area bounded by the Beach Service Road the Pacific Ocean, including the Water Activity Zone, unless it is a guide dog, signal dog or seryrce dog as defined in Penal Code Section 365.5, except that upon those Adjacent Beach Areas, and the Water Activity Zone, located north of the line created by extending the northern curb line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than six feet in length are permitted. B. No Person shall permit any animal, domesticated or wild, to be left unattended on the Beach or Adjacent Beach Area. (344-10/31, 554-12/, •, 769-7/60, 2907-8/87, 3355-7/97, 3606-6/03, 3930-2/12, 4118-5/17) Contact: City Clerk: 714-536-522 Published by Quality /ode Publishing, Seattle, WA. By using this site, you agree to the terms of use. https://library.gcode.us/lib/huntington_beach_ca/pub/municipal_code/item/municipal_code-title_13-chapter_13_08-13_08_070 1/1 Huntington Beach Wave 1920 Main St., Suite 225 Irvine, Ca 92614 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION CITY CLERK DEPARTMENT 2000 MAIN ST Legal No. 0011588670 HUNTINGTON BEACH, CA 92648-2763 FILE NO. 4275-Amending Ch. 13.08.070 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California;that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 03/02/2023 I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: March 02, 2023. Signature LP1 i21516 1 H.B.Wave PUBLISH DATE: 03/03/2023 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4275 Adopted by the City Council on February 21,2023 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DOGS AND OTHER ANIMALS" SYNOPSIS Ordinance No.4275 amends Chapter 13.08 of the Huntington Beach Municipal Code to allow the Police Deportment's use of their service animals upon the Pier and Adiacent Beach Areas.Additionally, the amendment allows specific event permits to be issued to expressly permitted animals on the Pier and the Adiacent Beach Areas, subiect to restrictions contained in the specific event permit. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held February 21,2023 by the following roll call vote: AYES: Kalmick,Moser,Van Der Mark,Strickland,McKeon,Bolton,Burns NOES: None ABSENT: None This ordinance Is effective March 23,2023. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 ROBIN ESTANISLAU,CITY CLERK r.LP1-12115/116 2