HomeMy WebLinkAboutOrdinance #4273 ORDINANCE NO. 4273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING TITLE 13 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO
PARKING LOT AND CAMPING REGULATIONS IN PUBLIC
PARKS, AND MAKING A FINDING OF EXEMPTION
UNDER CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Sections 13.18.040 (Public Toilets), 13.48.060 (Vehicle Operations— Parking)
of Chapter 13.48 (Parks) of Title 13 (Public Property) of the Huntington Beach Municipal Code is
hereby amended in its entirety, to read as follows:
"13.48.040 Public Toilets
No person shall fail to cooperate in maintaining public toilets in a neat and sanitary
condition nor shall any person loiter in or about any public toilet.
"13.48.060 Vehicle Operations, Parking, and Parking Lots
A. Unattended Vehicles. No person shall operate, drive, ride, park or leave standing any
automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart or any other motor
vehicle or any other vehicle at any time in any park; provided, however, that the provisions of this
section shall not apply to those specific areas within any public park of the City which shall have
been regularly and lawfully set aside for the use of vehicles; and provided further that the
provisions of this section shall not apply to any vehicle used or owned by the City or any vehicle
to which a temporary parking pass has been issued by the City or any commercial vehicle making
lawful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any
public park of the City. No person shall park and leave unattended any vehicle in areas other than
those designated for parking. Vehicles left unattended in any area, except those designated for
parking, without permission, may be towed away and stored by the City and said removal and
storage costs shall be charged to and paid by the owner prior to release. Nor shall any person ride
or drive a bicycle, skateboard or roller skates upon any tennis, handball, basketball, shuffleboard
or multipurpose court in a City park.
B. Unattended Property. No person shall place personal property in any area of a public
parking lot.
C. Parking Stall Obstruction. No person shall obstruct a vehicular parking space designated
by lines or marks, by standing in such parking space or by placing any barrier, sawhorse, bicycle,
trash can, non-registered motor vehicle, or other obstruction in such parking space. This section
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Ordinance No. 4273
shall not apply to temporary obstructions erected or maintained by governmental agencies, public
utilities or adjacent property owners when necessitated by construction activities, or except as
authorized by the Director.
D.Temporary Parking. Upon proof of valid California vehicle registration,proof of insurance
as required by the California Vehicle Code and proof of a valid driver's license, the operator of a
vehicle may be issued a temporary parking pass by the Director of Community Services or his or
her designated representative. The pass will entitle the holder to park or operate a vehicle during
short-term use of park facilities. The pass must be displayed at all times on the front dashboard of
the vehicle or in a manner so that it is clearly visible through the windshield.
E. Single Stall Use. No vehicle shall be parked in any free public parking lot except entirely
within a space indicated by painted lines, said space commonly referred to as a "parking space,"
"parking slot," or "parking stall," unless exempted by permit or as authorized by the Director.
Nothing in this section shall prohibit recreational vehicles from parking in paid parking lots,
including but not limited to the Sports Complex, with the applicable parking permit authorizing
such use.
F. Head-In Parking. Vehicles shall be parked with the rear of the vehicle oriented closest to
the traffic lane and within the space indicated unless otherwise specified by signage, or when
necessary to permit access to a vehicle by a vehicle lawfully displaying a disabled placard or
disabled license plates."
SECTION 2. Section 13.48.145 (Camping) of Chapter 13.48 (Parks) of Title 13 (Public
Property) of the Huntington Beach Municipal Code is hereby amended in its entirety, to read as
follows:
"13.48.145 Camping; Camp Fires
A.Designated Camping Facilities.The following City parks are hereby designated as camping
facilities: Lake Park, Farquhar Park, Huntington Central Park, and Norma Brandel Gibbs Park. No
person shall use any camping facility for overnight camping purposes without applying for and
obtaining written permission from the Director upon payment of the required fees established, and
amended from time to time, by resolution of the City Council of the City of Huntington Beach.
B. Camping Regulations. The Director may designate areas within subject parks for camping
and may promulgate reasonable rules and regulations pertinent to the use of subject parks for
camping purposes.
C.No person shall erect, maintain or occupy any canopy in excess of 100 square feet, or any
tent without at least two sides completely open to public view, in any park, as described
13.48.010, except by permit issued by the Director.
D. Camping Fee Required. No person shall use or occupy a camping facility unless the fee,
evidenced by a receipt, has first been paid.
E. Fire.No Person shall light, kindle, set or maintain fires or coals thereon, except in the City-
provided fire rings or barbecues, or in self-contained barbecues or portable stove, or except by
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Ordinance No. 4273
permit issued by the Director. Disposable heating barbecue materials shall not be deposited
anywhere except within the inside perimeter of the City-provided fire ring of City-provided
barbecues. The heat source of self-contained barbecues or portable stove shall not be charcoal-
based, and must be raised at least 18 inches above the surface of the ground.
F. Periods of Extreme Fire Danger. During times of extreme fire danger, when red-flag
conditions are declared by a State, Local, or Federal fire authority, no open flames shall be
permitted in any fire ring or City-provided barbecue. During these times, only those self-contained
barbecues or portable stoves using canisters of propane, natural gas, alcohol, isobutane, butane, or
similar liquids will be permitted when operated in compliance with the Huntington Beach
Municipal Code specifying the permitted location of self-contained barbecues."
SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds and
determines that the Ordinance is exempt from CEQA because it is not a project within the meaning
of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in
physical change in the environment, directly or ultimately. Furthermore, this Ordinance is exempt
from CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies
only to projects which have the potential for causing a significant effect on the environment and
because it can be seen with certainty that there is no possibility that this Ordinance will have a
significant effect on the environment.
SECTION 4. Effective Date. This ordinance shall become effective 30 days after its adoption.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause,phrase, or
portion of this Ordinance or the application thereof to any person or place, is for any reason held to
be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remainder of this ordinance and shall not affect other provisions
of this Ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this Ordinance are severable. The City Council hereby declares it would
have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions,sentences,clauses,phrases,or portions thereof be declared invalid or unconstitutional.
SECTION 6. Savings. Neither the adoption of this Ordinance nor the repeal of any other
ordinance of this City shall in any manner affect the prosecution of any violation of any City
ordinance or provision of the Huntington Beach Municipal Code, committed prior to the effective
date hereto, nor be construed as a waiver of any license or penalty or the penalty provision
applicable to any violation thereof.
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner
required by law.
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Ordinance No. 4273
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of March , 2023.
ti'l t‘ ,..3
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk Cit Attorney
,,.VIEWE AND PP' i ED: INITIATED AND A .
City Manag7 Chief of Police
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Ord. No. 4273
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 21, 2023, and was again read to said City
Council at a Regular meeting thereof held on March 7,2023, 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 16,2023.
In accordance with the City Charter of said City.
R.9 in Estanislau, City Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California