HomeMy WebLinkAboutOrdinance #4284 ORDINANCE NO. 4284
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON
BEACH MUNICIPAL CODE CHAPTER 13.52 RELATING TO PUBLIC BUILDINGS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 13.52.10 is hereby amended to read as follows:
13.52.10 Definitions
For the purpose of this Chapter, the following terms shall have the meanings as set forth
herein, unless tire context in which they are used clearly indicates a contrary meaning.
"Alcoholic Beverages" means any and all spirituous, vinous, malt or fermented liquor,
liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name
called, containing one-half of one percent, or mote, of alcohol by volume, which are potable or
fit as, or which may be used for, beverage purposes.
"Cellular Phone" means a walkie-talkie, two-way radio, mobile phone, pager, beeper,
and other electronic communication device.
"Director" refers to the Director of Community & Library Services Department or
designee.
"Parking Structure" means the off-street parking facility owned and operated by the
City of Huntington Beach at 200 Main Street, including parking stalls, driveways, attendant
stations, elevators, restrooms, stairwells, walkways and any other common area within the
structure. The phrase within the structure includes the upper exposed level of the parking
structure.
"Person" means any individual, firm, partnership,joint venture, association, social club,
fraternal organization, corporation or any other group acting as a unit.
"Public Building" means any structure owned, leased and/or maintained by the City.
"Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e-
cigarette, or any other lighted smoking product or equipment used to burn any tobacco products,
marijuana, plant, or any other combustible substance, including vaping. Smoking includes
emitting or exhaling the fumes of any pipe, cigar, cigarette, e-cigarette or any other lighted
smoking equipment used for burning or vaporizing any tobacco or nicotine product, marijuana,
plant, or any other combustible substance.
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ORDINANCE NO. 4284
SECTION 2. Section 13.52.020 Unlawful Acts is hereby amended to read as follows:
13.52.020 Unlawful Acts
It is unlawful for any person to do or commit, or for any person to cause or permit to be
done or committed on or within the premises of any public building within the City, any of the
following:
A. Disfiguration, Defacing, destroying and/or Removal of Public Property.
Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building,
bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public
utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or
permanent, monuments, stakes, posts or other boundary markers, or other structures or
equipment, facilities or park property or appurtenances whatsoever, either real or personal. In
addition,No person shall cut, carve, hack, remove, deface or otherwise damage any wall, toilet,
lavatory, restroom, building, sign or other structure, at or on the Parking Structure, or to place
writing upon the interior or exterior of any wall, toilet, lavatory, restroom, building, sign or other
structure therein, including but not limited to, any initial, name writing, printing, drawing or
vulgar, profane or obscene word or picture on the Parking Structure.
B. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and
washrooms in a neat and sanitary condition. In addition, it shall be unlawful for any person to
do any of the following:
1. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove,
any walls, stalls, lights, waterlines or other public utilities or parts or appurtenances
thereof, or signs, notices or placards whether temporary or permanent, or other
structures or equipment, facilities or property or appurtenances whatsoever, either real
or personal, or offer for sale any article or thing, or station or place any stand, cart or
vehicle to sell or display of any such article or thing or announce, advertise or call the
public attention in any way to any article or service for sale or hire. Nor shall any
person paste, glue tack or otherwise post any sign, placard advertisement or inscription,
or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage or refuse or store or house personal property or deposit in any
commode or urinal within any public restroom any newspaper, rag, part of clothing
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ORDINANCE NO. 4284
or any item likely to clog said commode or urinal.
2. Sleeping, bathing, camping or habitation in any restroom. The intended use
for a public restroom is a place for individuals to use the toilet facilities, change in or
out of beach or sports attire, or wash one's hands.
3. Consume any alcoholic beverages, be in possession of an open container of
alcohol or use, or be in possession of illegal narcotics.
4. No person, after first being warned by Director, designee, a law enforcement
officer, or City official, or where a sign or signs have been posted in accordance with this
chapter, shall loiter, stand, sit or lie in or upon, any restroom or washroom, or within
fifteen feet of any restroom or washroom, including any entrance or exit, nor shall any
person block nor obstruct, or prevent the free access to the entrance or exit to any
restroom or washroom open to the public.
C. Sanitation. Have brought in or shall dump, deposit or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash.
D. Alcoholic Beverages. To consume any alcoholic beverages of any kind whatsoever
except when attending a function operating under an alcohol permit issued in accordance with
Chapter 9.84 of this Code.
E. Vending and Peddling. Expose or offer for sale any article or thing, nor shall he or
she station or place any stand, cart or vehicle for the transportation, sale or display of any such
article or thing.
F. Advertising. Announce, advertise or call the public attention in any way to any
article or service for sale or hire.
G. Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or
inscription whatever.
H. Cellular Phone.
1. Communicating on a cellular phone or have a cellular phone in a mode other than
vibrate or silent or its equivalent, that is capable of emitting noise within any public
library outside of a designated cellular phone area. Public employees working in their
official capacity are exempt from this chapter.
2. Violation of this subsection is subject to the issuance of an administrative citation
under the provisions of Chapter 1.18 of this Code.
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ORDINANCE NO. 4284
I. City Parking Structures. No person shall sit, stand, recline, climb, walk, or
balance on any railing, wall or roof of Parking Structure or any City parking structure. No
person shall throw, drop or cast any objects from the Parking Structure.
SECTION 3. Section 13.52.040 Loitering and Obstructing is hereby added to the
Municipal Code to read as follows:
13.52.040 Loitering and Obstructing
No person or group of persons shall loiter in a City-owned Parking Structure, unless
they are engaged in one of the following activities or accompanying someone who is so
engaged:
A. Going to or from a parked vehicle in the Parking Structure.
B. Going to or from public restroom facilities located in the Parking Structure.
C. As authorized by the Director to be present.
Except as provided in this Section, no person, after first being warned by a law
enforcement officer or City official, or where a sign or signs have been posted, shall sit or lie in
or upon any public way, including the breezeway, lobby, parking deck, parking stalls, walkway,
stairwells, elevator, landings, or any portion of public or private property utilized for public use;
neither shall any person block, nor obstruct, nor prevent the free access to the entrance to any
building open to the public.
As used herein, "loiter" shall be defined to mean to linger idly by the way, to idle, or to
loaf, to stand or walk about aimlessly without purpose.
SECTION 4. Section 13.52.050 Skateboards, Roller Skates, Scooters and Bicycle—
Prohibited Users is hereby added to the Municipal Code to read as follows:
13.52.050 Skateboards, Roller Skates, Scooters and Bicycle—Prohibited Users
No person shall use a skateboard, rollerblades, roller skates, bicycles or scooters in the
Parking Structure.
SECTION 5. Section 13.52.060 No Smoking is hereby added to the Municipal Code to
read as follows:
13.52.060 No Smoking
No person shall smoke in the Parking Structure except in a designated smoking or vaping
area.
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ORDINANCE NO. 4284
SECTION 6. Section 13.52.070 Unsafe Driving is hereby added to the Municipal Code
to read as follows:
13.52.070 Unsafe Driving
No person shall operate any vehicle or conveyance in the Parking Structure at a speed in
excess of 10 miles.
SECTION 7. Section 13.52.080 Off-Street Parking Lots Apply is hereby added to the
Municipal Code to read as follows:
13.52.080 Off-Street City Parking Lots Apply
All regulations pertaining to Off-Street City Pay Parking Lots and Off-Street City Parking
Lots apply to the Main Promenade Parking Structure, in addition to the regulations described in
this ordinance.
SECTION 9. Section 13.52.090 Enforcing Officer is hereby added to the Municipal
Code to read as follows:
13.52.090 Enforcing Officer
This chapter may be enforced by the Director or designee as well as any peace officer.
SECTION 10. Section 13.20.100 Violation Penalty is hereby added to the Municipal
Code to read as follows:
13.52.100 Violation—Penalty
Any person violating any provision of this chapter is guilty of a misdemeanor.
SECTION 11. Section 13.52.110 Alternative Remedies is hereby added to the Municipal
Code to read as follows:
13.52.110 Violation—Alternative Remedies
Any violation of any provisions of this chapter shall subject the violator to ejection from
the premises of the area in which the violation occurs.
SECTION 12. Section 13.52.120 Violation—Alternative Remedies is hereby added to
the Municipal Code to read as follows:
13.52.120—Violation—Alternative Remedies
Any violation of any provisions of this chapter shall subject the violator to ejection from
the premises of the area in which the violation occurs.
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ORDINANCE NO. 4284
SECTION 13. 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 7th day of March , 2023.
/"*"4 letOLD
Mayor
ATTEST:
APPROVED AS TO FORM:
A(rifift, 9A6/4/11.4.1444)
City Clerk
City Attorney ,f i
' VIEWED • D APP OVED:
111111446,. INITIATED AND PPROVE
,ger
Chief of Police
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Ord. No. 4284
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. '° ialt
In accordance with the City Charter of said City.
R•�:in Estanislau,City Clerk City Clerk and ex-officio Clerk
".`> Deputy City Clerk of the City Council of the City
of Huntington Beach, California