HomeMy WebLinkAboutAdopt Emergency Ordinance No. 4304 Amending Huntington Beach "7ING7o''a 2000 Main Street,
of Huntington Beach,CA
92648
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File #: 23-824 MEETING DATE: 10/3/2023
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: Captain Gaute Svendsbo
Subject:
Adopt Emergency Ordinance No. 4304 amending Huntington Beach Municipal Code (HBMC)
Chapter 10.84 relating to bicycle regulations
5 Affirmative Votes are required to adopt Emergency Ordinance No. 4304 per City Charter
Section 501
Statement of Issue:
The City has seen an increase in the use of various classes of electric bicycles and other motorized
conveyances throughout our communities. A review of our Municipal Code revealed many existing
laws were outdated and did not address these increases. Updates are needed to our Municipal
Code to properly address these issues and give the Police Department more tools to enforce bicycle
safety laws for the wellbeing of our residents and visitors alike.
Financial Impact:
This action does not require any commitment of funding.
Recommended Action:
Adopt Emergency Ordinance No. 4304, "An Emergency Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to
Bicycle Regulations."
Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
E-Bikes and electric motorcycles have been increasing in popularity on the City's roadways,
specifically in coastal cities such as Huntington Beach. Conveyances are now being produced that
do not fit into categories already defined by existing law, making enforcement particularly difficult due
City of Huntington Beach Page 1 of 2 Printed on 9/27/2023
powered by LegistarTM
File #: 23-824 MEETING DATE: 10/3/2023
to the fact that laws regulating the operation of different mechanisms vary based on the device, and
some of these devices are not clearly defined in the California Vehicle Code. E-bikes have
developed beyond the existing definitions, such that laws regarding licensing, age, and equipment
can no longer be enforced. Furthermore, multiple subject matter experts have conflicting opinions on
which laws apply to each type of apparatus.
Creating an unambiguous municipal code section, such as the proposed HBMC Chapter 10.84.140
to more broadly define these conveyances will eliminate confusion and consolidate unsafe actions
into one clear section. In addition, this municipal code provides officers the discretion to write a civil
citation or a criminal citation, whichever is determined to be the more appropriate action for a given
situation.
The revisions also eliminate outdated language for release fees, making the law consistent with
existing fee schedules. The revisions also change the language to be consistent with Council
Resolution 2009-34 related to the fee schedule for civil fines for municipal code violations.
Lastly, additional definitions have been added to the beginning of the chapter, to be consistent with
the California Vehicle Code.
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. Emergency Ordinance 4304.
2. Resolution 2009-34 (07-06-2009)
City of Huntington Beach Page 2 of 2 Printed on 9/27/2023
powered by LegistarrM
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IAJaiDIP/ED
ORDINANCE NO. 4304
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.84 OF
THE HUNTINGTON BEACH MUNICIPAL CODE RELATING
TO BICYCLE REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The City Council makes the Following Findings
A. The Huntington Beach Municipal Code's current regulations regarding bicycles
were adopted in 1974 and most recently amended in 2003. Accordingly,the
Municipal Code regulations do not address modern electric bicycles or motorized
bicycles (collectively "e-bikes").
B. The City of Huntington Beach Police Department has kept statistics of known e-
bike collisions from January 1, 2023 until August 31, 2023. There have been 77 e-
bike collisions. The majority of these collisions resulted in at least one party being
injured. The largest age group reporting injuries are children under the age of 18.
Further, a-bikes accounted for approximately 53%of all bicycle related collisions.
C. Due to immediate safety concerns related to a-bike accidents and related injuries
recorded by the police department,the City Council finds that this Ordinance is
necessary as an emergency measure for the immediate protection of our children,
preservation of the public peace, health, or safety as required by the City Charter
Section 501.
D. As provided by City Charter Section 501, this Ordinance shall go into effect
immediately after its adoption.
E. This Ordinance shall expire after 120 days or a subsequent ordinance amending
Chapter 10.84 of the Municipal Code goes into effect.
SECTION 2. That Section 10.84.005 of the Huntington Beach Municipal Code, is hereby
amended to read as follows:
10.84.005 Definitions
For the purpose of this Chapter, the following words and phrases are defined as follows:
"Bicycle" is a device upon which any person may ride, propelled by human power
through a system of belts, chains, or gears, and having either two or three wheels in a tandem or
tricycle arrangement.
ORDINANCE NO. 4304
"Bicycle Path" is a pathway for bicycle riders that has been physically separated from a
roadway.
"Electric Bicycle" is a bicycle equipped with fully operable pedals and an electric motor
of less than 750 watts as defined by California Vehicle Code Section 312.5(a).
"Highway" is a way or place of whatever nature, maintained and open to the use of the
public for purposes of vehicular travel. "Highway"includes street.
"Moped or Motorized Bicycle"is any two or three wheeled device having fully
operative pedals for propulsion by human power, or having no pedals if powered solely by
electrical energy, has an automatic transmission, and a motor which produces less than 4 gross
brake horsepower and is capable of propelling the device at a maximum speed of not more than
30 miles per hour on level ground as defined by California Vehicle Code Section 406(a).
"Motor Driven Cycle" is a motorcycle with a motor that displaces less than 150cc per
California Vehicle Code Section 405.
"Motorized Scooter" shall have the same definition as that of California Vehicle
Code Section 407.5(a).
"Pocket Bike" is a two-wheeled motorized device having a seat or saddle for the use of
the rider that is not designed or manufactured for highway use. A pocket bike does not include
an off-highway motorcycle, as defined in California Vehicle Code Section 436.`Bicycle lane"is
that portion of a roadway, other than state and county highways, set aside by striping for the use
of bicycle riders and so designated, as provided in this Chapter.
"Police Chief" shall include his or her designated representative.
"Roadway" is that portion of a highway improved, designed, or ordinarily used for
vehicular travel.
SECTION 3. That Section 10.84.080 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.080 Reserved.
SECTION 4. That Section 10.84.120 of the Huntington Beach Municipal is hereby
amended to read as follows:
10.84.120 Impounding—Parked Bicycles
No person shall park or leave a bicycle in the area between Pacific Coast Highway and
the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road,
vehicle route, walkway or path, or so as to block or impede ingress or egress from any building,
stair,pier or bridge. No person shall leave a bicycle locked or unlocked in any public place in
319937/23-13365 2
ORDINANCE NO. 4304
excess of 72 hours, or left abandoned as evidenced by signs of disuse or neglect. Any bicycle so
parked or left abandoned may be impounded by the Community& Library Services Department
or by the Police Department. The fee will be consistent with the HBPD Fee Schedule.
SECTION 5. That Section 10.84.140 of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner
No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle,
electric motorcycle,pocket bike, or any other electric conveyance not previously named in an
unsafe manner on a public roadway, highway, sidewalk,park, or private property open to the
public.
(a) Unsafe manner means a rider violating any existing Huntington Beach Municipal
Code, California Vehicle Code, or other existing law. An unsafe manner can also
be defined as operating the conveyance in such a way as to constitute a danger to
the operator, a passenger, other motorists, other riders, or pedestrians in the area.
(b) Examples of riding in an unsafe manner may include,but are not limited to,the
following actions:
a. Riding on a sidewalk without due caution for pedestrians.
b. Riding on a sidewalk, highway,bicycle path, or bicycle lane against the
flow of traffic.
c. Not yielding to vehicles or pedestrians when required to by the California
Vehicle Code.
d. Intentionally swerving or riding around stopped or slowed traffic.
e. Operating a conveyance in a manner it was not designed for, including
carrying passengers when not designed for carrying passengers.
f. Not obeying posted signs.
g. A person under the age of 18 riding without a properly fitted and fastened
helmet.
h. Intentionally lifting one or more wheels into the air while riding on a
highway, sidewalk, bicycle lane, or bicycle path.
i. Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than
25 mph or any speed greater than is reasonable or prudent under the
conditions then existing, or at a speed which endangers the safety of
persons or property.
319937/23-13365 3
ORDINANCE NO. 4304
SECTION 6. That Section 10.84.150 of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.150 Impounding of Bicycle or Similar Conveyance
If a juvenile subject is cited or arrested for a violation of any section in this Chapter,the
officer may impound the bicycle to the Huntington Beach Police Department, such that the
conveyance may be released to a responsible adult. The fee for release will be consistent with the
HBPD Fee schedule. Bicycles impounded and retained by the Police Department hereunder shall
be considered abandoned after a period in excess of 90 days and may be disposed of as restricted
by Civil Code Sections 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.
SECTION 7. That Section 10.84.280 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.280 Reserved.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd day of October , 2023.
ATTEST:
( #91441, edile2lUaeAd I 1'7 ,,,O&k.#.3
Mayor
City Clerk
APPROVE
REVIEWED AND APPROVED:
..": ei
City Attorney
1111111
City anag; - INIT D AN P OVE
Police Chief
319937/23-13365 4
Emergency Ord. No. 4304
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 October 3,2023 and was passed and
adopted by at least five affirmative votes 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: October 12,2023. otrifillty L/6�
In accordance with the City Charter of said City. [[[[////r6����
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
•
Council/Agency Meeting Held: 9- - -O?
Deferred/Continued to:
proved l]Conditionally Approved ❑ Denied k Cit I rk's ignat
Council Meeting Date: 7/6/2009 Department ID Number: CA 09-17
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGr-:;: ' ity Attorney
PREPARED BY: Jennifer McG AlCity Attorney
SUBJECT: Adoption of Resolution to Increase Civil Fine Amounts
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: In the last ten years, only fine amounts for specific violations of
Huntington Beach Municipal Code relating to business regulations and zoning have been
increased. The fine amounts for other civil violations of the Huntington Beach Municipal Code
should be increased.
Funding Source: No funds required. •
Recommended Action: Motion to:Adopt Resolution No. 2009-34 "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING
THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS."
Alternative Action(s): Do no adopt Resolution No. 2009-34 .
Analysis: In 1998, the City established an administrative citation program (Chapter 1.18 of
the HBMC). At that time, fines for civil violations were set by Resolution No. 98-43. Since
that time, the fine amounts were increased for specific HBMC violations relating to business
regulations and zoning; however, fines for non-specific violations have not increased in more
than 10 years. Staff is recommending a $25.00 increase for the first violation, a $50.00
increase for the second violation, and a $100.00 increase for the third violation in a twelve
month period. These new fine amounts would apply to violations such as dogs off leash,
newsrack violations, cell phone usage in the library, and violations of beach and pier
regulations.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/6/2009 DEPARTMENT ID NUMBER: CA 09-17
Strategic Plan Goal: Maintain and enhance public safety; maintain and enhance our
financial reserves.
Environmental Status: Not applicable
Attachment(s):
City'Clerk's
Page Number Na.. - Description'
1. Resolution No. 2009-34 titled"A Resolution of the City Council
of the City of Huntington Beach Revising and Restating the Fee
Schedule for Civil Fines for Municipal Code Violations."
-2- 6/9/2009 2:15 PM
ATTACHMENT NO . 1
RESOLUTION NO. 2009-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REVISING AND RESTATING THE FEE SCHEDULE
FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, Resolution No. 2004-79 was adopted by City Council first setting the civil fines,
interest and penalties to persons who are issued Administrative Citations pursuant to Chapter 1.18 of the
Huntington Beach Municipal Code;and
Section 1.18.070 of the Municipal Code provides that the fines, interest and penalties shall be set
by the City Council by resolution; and
The civil fine amounts for specific violations of the Municipal Code were increased in 2007.
However, fine amounts for miscellaneous violations of the Municipal Code have not been increased for
over ten years,while the CPI has increased several times during the last decade;and
The City Council has considered this matter and has determined to increase and set forth the
specific fines, interest and penalties for various code violations,
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach
as follows:
1. The civil fines, interest and penalties and implementing provisions for violations of the
Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule 1, attached hereto and
incorporated herein. The increased fine amounts are in boldface type.
2. These fines, interest and penalties are subject to the provisions of said Chapter 1.18 and
shall remain in force until changed by a new resolution of the City Council.
3. Resolution No. 2007-22 and all other resolutions in conflict herewith are hereby
repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 6th day of July ,2009.
Mayor •
REVIE APPROVED: •
D AND APPPRRO S TO FORM:
Ci A nistrator
- 1j J
Ci Atto ey
07-875.00234223 1
Resolution No. 2009-34
SCHEDULE 1
FINES,INTEREST,AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
1. Fines. Violations of the Municipal Code of the City of Huntington Beach shall be subject to the
fines shown below. A subsequent violation is any violation where the citee was cited one or
more times in the preceding 12 months for the same violation, unless the violation was cancelled
pursuant to Chapter 1.18.
FINE AMOUNT FINE AMOUNT FINE AMOUNT-
CODE FOR FIRST FOR SECOND SUBSEQUENT
SECTION VIOLATION: VIOLATION: VIOLATIONS
Violation of HBMC Titles 5, 8, 17 $250 $500 $1,000
and BB Zoning & Subdivision
Ordinance(EXCEPT for violation of
Section 9.52.010 and Huntington
Beach Fire Code Section 7802.3 as
Adopted by Huntington Beach
Municipal Code Section 17.56.010)
Violation of Huntington Beach Fire $500 $1,000 $1,000
Code Section 7802.3 as Adopted by
Huntington Beach Municipal Code
Section 17.56.010.
Violation of Huntington Beach
Municipal Code Section 9.52:010 $500 $1,000 $1,000
Violation of all other Code sections. $125 $250 $600
2. Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the annual rate
of 18 per cent. This interest will be imposed and collected according to the discretion of the
City Treasurer upon considering such factors bearing on practicability as to the cost to compute
the interest owed,the amount of interest due, and its collectability. The purpose of granting this
discretion to the Treasurer is to not require collection of interest when it would not be cost
effective..
3. Late Payment Penalties. A$25 late payment penalty shall be owed for fines not paid within 30
days of their due date. The Treasurer shall have the same discretion over collection of late
penalties as for interest as set forth in paragraph 2 above.
4. Collections. Fines that are delinquent for 60 days or more and total at least $250 shall be
processed through the abatement and/or assessment procedures specified in section 1.18.150 of
the Municipal Code. All other delinquent fines may be referred to a collection agency as
determined by the City Treasurer.
•
07-875.00234223 2
•
•
Res. No. 2009-34
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on July 6, 2009 by the following vote:
• AYES: Carchio, Bohr, Coerper, Hansen
NOES: Dwyer
ABSENT: Green, Hardy
ABSTAIN: None
•
ti y Clerk and ex-offic l Clerk of the
City Council of the City of
. Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopt Resolution to Increase Civil Fine Amounts
COUNCIL MEETING DATE: July 6, 2009
RCA ATTACHMENTS STATUS
Ordinance(w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable ED
Resolution (w/exhibits&legislative draft if applicable) Attached El
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable ►�
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable Igi
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable ►_
Certificates of Insurance (Approved by the City Attorney) Attached 0
Not Applicable 10
Fiscal Impact Statement (Unbudgeted, over$5,000) Attached 0
Not Applicable
Bonds (If applicable) Attached 0
Not Applicable EI
Staff Report(If applicable) Attached ❑
Not Applicable Ei
Commission, Board or Committee Report (If applicable) Attached 0
Not Applicable El
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable EI
EXELANA T OON FOR MUaSONG ATTACHMENTS
r-- pEctargo \
REVIEWED _07nos • \ RETU ED FOR'_, 'A"DED
Administrative Staff __..nrArN I ) (- flp )
Deputy City Administrator(I'nitial)?r+-=s ,'!-=;o; \ ( ) ( i_T'll' )
City Administrator(Initial) ._.. ,"="= -"--- ( ) ( 'f )
City Clerk ( ) !
EXPLANATION FOR RETURN OF ITEM: •
PL6ecf:s- i/KA-ILe- c-47E-c,S/ 1_,,Eq..P.ASCA 4,__Y::,/ c_-)t'-se.:ADO5 c.)ti PA (. —,2
(Belaw Sp,.. ace-Fo'r City, Clerk's;Aise,Only), . __ __._ -_ . _ __
RCA Author: 342284M
Moore, Tania
From: Fikes, Cathy
Sent: Thursday, September 28, 2023 6:22 PM
To: Agenda Alerts
Subject: FW: additional e bike legislation question
From: Dan Hazard<danmh999@gmail.com>
Sent:Thursday, September 28, 2023 2:53 PM
To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject:additional e bike legislation question
Hopefully,there will be a minimum age for E bike rider; I would recommend age 12.
On my street a 5 year girl is buzzing around on and off the sidewalks with no supervision and no regard to
traffic!
I welcome your reply or provide a police contact please.
Dan Hazard
SUPPLEMENTAL
COMMUNICATION
10/3/2023
AAtwati g Date:
12 (23-824)
Agenda Item No.;
i
Moore, Tania
From: Chris Varga <christopher.j.varga@gmail.com>
Sent: Tuesday, October 3, 2023 2:17 PM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF)
Subject: Comments to the City Council for 10/3/23 Council Meeting
The following are my comments for agenda items on this week's City Council Meeting.
Agenda Item 7 (23-758)—I encourage a NO vote and do not eliminate useful and need boards and commissions.
Agenda Item 8 (23-581)—YES to approve DCC assistances.
Agenda Item 12 (23-824)—YES on bike regulations
Agenda Item 15 (23-756)—NO on this "No Mask" resolution. Not needed and not a city council issue. Stupid political
shenanigans.
Sincerely,
Chris Varga
Huntington Beach
1
Colikmn IOJ10°6' .
17iAb : I'* -3
H.B. Wave
PUBLISH DATE: 10/12/2023
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
EMERGENCY ORDINANCE NO.4304
Adopted by the City Council on October 3, 2023
"AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING CHAPTER 10.84 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO BICYLE REGULATIONS"
SYNOPSIS:
E-Bikes and electric motorcycles have been increasing in popularity on the City's roadways, specifically in
coastal cities such as Huntington Beach. Conveyances are now being produced that do not fit into
categories already defined by existing law, making enforcement particularly difficult due to the fact that
laws regulating the operation of different mechanisms vary based on the device, and some of these
devices are not clearly defined in the California Vehicle Code. E-bikes have developed beyond the
existing definitions, such that laws regarding licensing, age, and equipment can no longer be enforced.
Furthermore, multiple subject matter experts have conflicting opinions on which laws apply to each type
of apparatus.
Creating an,unambiguous municipal code section, HBMC Chapter 10.84.140 more broadly defines these
conveyances and eliminates confusion and consolidates unsafe actions into one clear section. In
addition, this municipal code provides officers the discretion to write a civil citation or a criminal citation,
whichever is determined to be the more appropriate action for a given situation.
The revisions eliminated outdated language for release fees, making the law consistent with existing fee
schedules. The revisions also changed the language to be consistent with Council Resolution 2009-34
related to the fee schedule for civil fines for municipal code violations.
Lastly, additional definitions have been added to the beginning of the chapter, to be consistent with the
California Vehicle Code.
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
October 3, 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 immediately.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK
_' Column
INTERIM AD DRAFT
This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated
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Notice ID: mgWBkOTomT3118WHjcGH I Proof Updated: Oct. 05, 2023 at 10:52am PDT
Notice Name: Synopsis- Emergency Ord No.4304
FILER FILING FOR See Proof on Next Page
Tania Moore Huntington Beach Wave
tania.moore@surfcity-hb.org
(714)536-5209
Columns Wide: 5 Ad Class: Legals
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Synopsis - Emergency Ord No. 4304 - Page 1 of 2
H.B.Wave
PUBLISH DATE: 10/12/2023
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
EMERGENCY ORDINANCE NO.4304
Adopted by the City Council on October 3,2023
"An Emergency Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle
Regulations"
SYNOPSIS:
E-Bikes and electric motorcycles have been increasing in popularity on the City's
roadways,specifically in coastal cities such as Huntington Beach. Conveyances are
now being produced that do not fit into categories already defined by existing law,
making enforcement particularly difficult due to the fact that laws regulating the
operation of different mechanisms vary based on the device,and some of these devices
are not clearly defined in the California Vehicle Code.E-bikes have developed beyond
the existing definitions, such that laws regarding licensing,age, and equipment can
no longer be enforced. Furthermore,multiple sublect matter experts have conflicting
opinions on which laws apply to each type of apparatus.
Creating an unambiguous municipal code section, HBMC Chapter 10.84.140 more
broadly defines these conveyances and eliminates confusion and consolidates unsafe
actions Into one clear section. In addition,this municipal code provides officers the
discretion to write a civil citation or a criminal citation,whichever is determined to be
the more appropriate action for a given situation.
The revisions eliminated outdated language for release fees,making the law consistent
with existing fee schedules. The revisions also changed the language to be consistent
with Council Resolution 2009-34 related to the fee schedule for civil fines for municipal
code violations.
Lastly, additional definitions have been added to the beginning of the chapter, to be
consistent with the California Vehicle Code.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERKS OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held October 3,2023 by the following roll call vote:
AYES: Kaimick,Moser,Van Der Mark,Strickland,McKeon,Bolton,
Burns
NOES: None
ABSENT: None
This ordinance is effective immediately.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
ROBIN ESTANISLAU,CITY CLERK
Huntington Beach Wave
Published:10/12/23
a '
Synopsis - Emergency Ord No. 4304 - Page 2 of 2
g'.
HUNTING10N BEACH
INCLUDES THE
FOUNTAIN
i/ VALLEY VIEW
1920 Main St. Suite 225, Irvine
Irvine, California 92614
(714) 796-2209
Iegals@inlandnewspapers.com
City of Huntington Beach - City Clerk's Office
2000 Main Street
Huntington Beach, California 92648
Account Number: 5272431
Ad Order Number: 0011627810
Customer's Reference/PO Number:
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Publication Dates: 10/12/2023
Total Amount $471.63
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Amount Due: $471.63
Notice ID: mgWBkOTomT3118WHjcGH
Invoice Text: CITY OF HUNTINGTON BEACH LEGAL NOTICE EMERGENCY ORDINANCE NO.
4304 Adopted by the City Council on October 3, 2023"An Emergency Ordinance of
the City Council of the City of Huntington Beach Amending Chapter 10.84 of the
• Huntington Beach Municipal Code Relating to Bicycle Regulations"SYNOPSIS: E-
Bikes and electric motorcycles have been increasing in popularity on the City's
roadways,specifically in coastal cities such as Huntington Beach. Conveyances are
now being produced that do not fit into categories already defined by existing law,
making enforcement particularly difficult due to the fact that laws regulating the
operation of different mechanisms vary based on the device,and some of these
devices are not clearly defined in the California Vehicle Code. E-bikes have
developed beyond the existing definitions,such that laws regarding licensing, age,
and equipment can no longer be enforced. Furthermore, multiple subject matter
experts have conflicting opinions on which laws apply to each type of apparatus.
Creating an unambiguous municipal code section, HBMC Chapter 10.84.140 more
broadly defines these conveyances and eliminates confusion and consolidates unsafe
actions into one clear section. In addition,this municipal code provides officers the
discretion to write a civil citation or a criminal citation,whichever is determined to be
the more appropriate action for a given situation.The revisions eliminated outdated
language for release fees, making the law consistent with existing fee schedules.The
revisions also changed the language to be consistent with Council Resolution 2009-
34 related to the fee schedule for civil fines for municipal code violations. Lastly,
additional definitions have been added to the beginning of the chapter,to be
Synopsis - Emergency Ord No. 4304 - Page 1 of 2
t1Lt11g1611N1 KANH See Proof on Next Page
INCLUDES THE
�j°' FOUNTAIN
.j/ VALLEYVIEW
•
Huntington Beach Wave
1920 Main St.Suite 225,Irvine
Irvine,California 92614
(714)796-2209 •
2000 Main Street
Huntington Beach, California 92648
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange County
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 County, State of
California, on July 1, 1998, Case No. A-185906 in and for the
City of Irvine, County of Orange County, 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:
1011212023
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:Oct 12, 2023.
06-±04:L1,06-
Signature
Synopsis - Emergency Ord No. 4304 - Page 1 of 2
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
EMERGENCY ORDINANCE NO.4304
Adopted by the City Council on October 3,2023
"An Emergency Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle
Regulations"
SYNOPSIS:
E-Bikes and electric motorcycles have been increasing in popularity on the City's
roadways,specifically in coastal cities such as Huntington Beach. Conveyances are
now being produced that do not fit Into categories already defined by existing law,
making enforcement particularly difficult due to the fact that laws regulating the
operation of different mechanisms vary based on the device,and some of these devices
are not clearly defined in the California Vehicle Code. E-bikes have developed beyond
the existing definitions,such that laws regarding licensing,age,and equipment can
no longer be enforced. Furthermore,multiple sublect matter experts have conflicting
opinions on which laws apply to each type of apparatus.
Creating an unambiguous municipal code section, HBMC Chapter 10.84.140 more
broadly defines these conveyances and eliminates confusion and consolidates unsafe
actions into one clear section. In addition,this municipal code provides officers the
discretion to write a civil citation or a criminal citation,whichever is determined to be
the more appropriate action for a given situation.
The revisions eliminated outdated language for release fees,making the law consistent
with existing fee schedules. The revisions also changed the language to be consistent
with Council Resolution 2009-34 related to the fee schedule for civil fines for municipal
code violations.
Lastly, additional definitions have been added to the beginning of the chapter,to be
consistent with the California Vehicle Code.
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 October 3,2023 by the following roll call vote:
AYES: Kalmick,Moser,Van Der Mark,Strickland,McKeon,Bolton,
Burns
NOES: None
ABSENT: None
This ordinance is effective immediately.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
ROBIN ESTANISLAU,CITY CLERK
Huntington Beach Wave
Published:10/12/23
Synopsis - Emergency Ord No. 4304 - Page 2 of 2