HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4317 Amending Chapter (2) 2000 Main Street,
F.�NTW
: TDti Huntington Beach,CA
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92648
,�= R City of Huntington Beach APPROVED 7-0
F�UUNTY°\
File #: 24-264 MEETING DATE: 4/16/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Lt. Thoby Archer and Ingrid Ono, Executive Assistant
Subject:
Adopt Ordinance No. 4317 amending Chapter 8.42 of the Huntington Beach Municipal Code
relating to the use of police services at loud parties or other activities
(Approved for Introduction on 4-02-2024 by a vote of 7-0)
Statement of Issue:
At this time, Huntington Beach Municipal Code (HBMC) Chapter 8.42 lacks a more comprehensive
definition of"unruly or loud conduct" regarding large parties and gatherings. Specifically, the Police
Department is attempting to address unruly conduct where perpetrators may be seeking refuge in a
residence to escape or prevent identification. The anonymity and subsequent behavior have led to
an increase of random assaults and vandalism.
Proposed Ordinance No. 4317 would amend HBMC Chapter 8.42 to expand the authority of officers
to issue civil citations to residents engaged in this behavior.
Financial Impact:
There would be minimal associated implementation costs but may result in a minor increase in
revenue if citations are issued.
Recommended Action:
Adopt Ordinance No. 4317, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Amending Chapter 8.42 Use of Police Services
at Loud Parties or Other Activities."
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
City of Huntington Beach Page 1 of 2 Printed on 4/10/2024
powere2il 'LegistarTM
File #: 24-264 MEETING DATE: 4/16/2024
In the past few years, there has been an increase in calls for service and complaints of subjects
being hit by water balloons and other objects on and around the 4th of July holiday. Specifically,
residents in certain neighborhoods have created a culture of throwing water balloons at passing
pedestrians, cyclists, and vehicles. Year after year, this generates calls for service where officers are
dispatched to address and handle these calls. In 2023, there were 9 calls for service during the 4th of
July on one street alone, diverting several different officers on the busiest day of the year to respond
to these calls. Often, residents will deny knowledge or the existence of the perpetrators, even though
eyewitnesses and victims will identify their residences as the places where the violations occurred.
Huntington Beach Municipal Code section 8.42 was crafted to address such gatherings, where the
occupants commit a public offense and either refuse to open the door or refuse to make the
responsible party available to be cited. This has been commonplace for many years with loud party
calls for service. Amending this section to include when participants and guests are throwing items
into the roadway will provide officers with a resource to conduct enforcement action and promote a
safer community.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to
optimize public safety's emergency response and reduce the number of calls.
This will assist officers when responding to calls for service and may reduce the number of calls
when the public is aware of the law and the potential consequences associated with violating it.
Attachment(s):
1. Ordinance No. 4317, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Amending Chapter 8.42 Use of Police
Services at Loud Parties or Other Activities."
2. PowerPoint presentation with calls for service in 2023 on Alabama Street for water balloons
and other objects being thrown at people and vehicles.
City of Huntington Beach Page 2 of 2 Printed on 4/10/2024
poweral*LegistarTM
ORDINANCE NO. 4317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING CHAPTER 8.42 USE OF POLICE
SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 8.42.010 of the Huntington Beach Municipal Code entitled is
hereby amended to read as follows:
8.42.010 Definitions
The following words,phrases and terms as used in this chapter shall have the meaning as
indicated below:
"Alcohol" means ethyl alcohol or hydrated oxide of ethyl from whatever source or by whatever
process produced.
"Alcoholic beverage" means alcohol, spirits, liquor,wine,beer, and every liquid or solid
• containing alcohol, spirit,wine, or beer, and which contains one-half of one percent or more of
alcohol by volume and which is fit for beverage purposes either alone or when diluted,mixed, or
combined with other substances.
"Host" is the person who owns.the property where the party, gathering or event takes place;the
person in charge of the premises and/or the person who organized the event. If the host is a
minor,then the parents or guardians of that minor will be jointly and severally liable for the fee
incurred for police services.
"Juvenile" means any person less than 18 years of age.
"Large party, gathering or event" is a group of persons who have assembled or are assembling
for a social occasion or for a social activity.
"Parent or legal guardian" means a person who is a natural parent, adoptive parent, foster
parent, or stepparent of another person, or a person who, under court order, is the guardian of
another person, or a public or private agency with which a minor has been placed by the court.
"Party, gathering or event" means a group of persons who have assembled or are assembling
at a residence or other private property, whether such residence or property is owned, leased,
rented or used without compensation.
"Police services fee" is the cost to the City of any special security assignment. Such fee may be
either a flat fee of$250.00 or an itemized fee based on,but not limited to, salaries of police
officers while responding to or remaining at the party, gathering or event,the pro rata cost of
equipment,the cost of repairing City equipment and property,the cost of any medical treatment
of injured police officers.
ORDINANCE NO. 4317
"Responsible person or host" means any of the following:
1. Any person or entity that owns,rents, leases, or otherwise has control of a residence or
other private property, including without limitation, a hotel/motel room or rented or
leased area, where a party, gathering or event occurs.
2. Any person or entity present at a party, gathering or event who provides an alcoholic
beverage to anyone under the age of 21 years.
3. Any person or entity present at a party, gathering or event where unruly or loud conduct
occurs and that receives money or other consideration for granting access to the party,
gathering or event, or hosts, organizes, supervises, officiates, conducts or controls, or
willingly accepts responsibility for such a party, gathering or event.
"Special security assignment" is the assignment of police officers, services and equipment
during a second or subsequent response to the party, gathering or event after the distribution of a
written notice to the host that a fee may be imposed for costs incurred by the City for any
subsequent police response.
"Underage person" means any person less than 21 years of age.
"Unruly or loud conduct" includes the obstruction of streets by crowds of vehicles, public
drunkenness,public urination, service to,possession of or consumption of alcoholic beverages
by an underage person, assaults,batteries or other disturbances of the peace including,but not
limited to,vandalism, littering,throwing objects or spraying liquids into streets, sidewalks or
alleys, or other conduct that constitutes a threat to public health, safety, or quiet enjoyment of
residential property or public property.
SECTION 2. That Section 8.42.031 of the Huntington Beach Municipal Code entitled is
hereby amended to read as follows:
8.42.031 Prohibition on Unruly or Loud Conduct at Parties, Gatherings or Events or
Where Alcohol is Served to, Consumed by, or in the Possession of an Underage Person.
A. It is unlawful and a public nuisance for a responsible person or host to cause or allow
unruly or loud conduct at a party, gathering or event to occur at any residence or other private
property if the responsible person or host knows or reasonably should know that unruly or loud
conduct is occurring. A responsible person or host shall be presumed to have knowledge that
unruly or loud conduct was occurring at a party, gathering or event if the responsible person or
host did not take all reasonable steps to prevent such activity from occurring. Reasonable steps
include, but are not limited to monitoring the responsible, safe and lawful conduct of all persons
attending the party, gathering or event.
B. It is unlawful and a public nuisance for a responsible person or host to cause or allow a
party, gathering or event to occur at any residence or other private property at which any
underage person is being served, is in possession of, or is consuming an alcoholic beverage,if
the responsible person or host knows or reasonably should know that an underage person is
being served, is in possession of, or is consuming an alcoholic beverage. A responsible person or
host shall be presumed to have knowledge that an underage person was being served, was in
2
ORDINANCE NO. 4317
possession of, or was consuming an alcoholic beverage at a party, gathering or event if the
responsible person or host did not take all reasonable steps to prevent such activity from
occurring. Reasonable steps include, without limitation: controlling the access to and serving of
alcoholic beverages to underage persons, and monitoring the responsible, safe and lawful
conduct of underage persons.
C. A responsible person or host need not have been issued a prior warning in order to
be subject to the penalties for violation of this section.
SECTION 3. That this Ordinance shall become effective thirty (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 (int day of -A-pri I , 2024.
L
Mayor
REVIE AND ROVE : APPROVED AS T RM:
(-3
City Manager ity ttorney
INITIATED AND APPROVED: ATTEST:
Chief of Police , City Clerk
3
Ord. No. 4317
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 April 2,2024, and was again read to said City
Council at a Regular meeting thereof held on April 16,2024, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Moser, Bolton, Bums, Van Der Mark, Strickland, McKeon, Kalmick
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 April 25,2024. a<3/41/4,
9,6744i214Ad
In accordance with the City Charter of said City.
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
� INCLUDES THE
FOUNTA N
VALLEY VIEW
1920 Main St. Suite 225, Irvine
Irvine, California 92614
(714)796-2209
legals@inlandnewspapers.com
City of Huntington Beach- City Clerk's Office
2000 Main Street
Huntington Beach, California 92648
Account Number: 5272431
Ad Order Number: 0011663344
Customer's Reference/PO Number:
Publication: Huntington Beach Wave
Publication Dates: 04/25/2024
Total Amount: $464.25
Payment Amount: $0.00
Amount Due: $464.25
Notice ID: 1DEoRnLtO6hRz0lZEbtz
Invoice Text: H.B.Wave PUBLISH DATE:04/25/2024 CITY OF HUNTINGTON BEACH LEGAL
NOTICE ORDINANCE NO.4317 Adopted by the City Council on April 16,2024"AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING
CHAPTER 8.42 USE OF POLICE SERVICES AT LOUD PARTIES OR OTHER
ACTIVITIES"SYNOPSIS: In the past few years,there has been an increase in calls
for service and complaints of subjects being hit by water balloons and other objects
on and around the 4th of July holiday. Specifically, residents in certain neighborhoods
have created a culture of throwing water balloons at passing pedestrians,cyclists,
and vehicles.Year after year,this generates calls for service where officers are
dispatched to address and handle these calls. In 2023,there were 9 calls for service
during the 4th of July on one street alone,diverting several different officers on the
busiest day of the year to respond to these calls.Often, residents will deny knowledge
or the existence of the perpetrators,even though eyewitnesses and victims will
identify their residences as the places where the violations occurred.Ordinance No.
4317 amends Huntington Beach Municipal Code section 8.42 to address such
gatherings,where the occupants commit a public offense and either refuse to open
the door or refuse to make the responsible party available to be cited.This has been
commonplace for many years with loud party calls for service.Amending this section
to include when participants and guests are throwing items into the roadway will
provide officers with a resource to conduct enforcement action and promote a safer
community.Copies of this ordinance are available in the City Clerk's Office. PASSED
Synopsis - Ordinance No. 4317 - Page 1 of 2
=_• See Proof on Next Page
INCLUDES THE
/
FOUNTAIN
VALLEY VIEW
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:
0412512024
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:Apr 25,2024.
CantPeA '
S ture
Synopsis - Ordinance No. 4317 - Page 1 of 2
H.B.Wave
PUBLISH DATE:
04/25/2024
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4317
Adopted by the City Council on April 16,2024
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY
AMENDING CHAPTER 8.42 USE OF POLICE SERVICES AT LOUD PARTIES OR
OTHER ACTIVITIES"
SYNOPSIS:
In the past few years,there has been an Increase in calls for service and complaints
of subiects being hit by water balloons and other obiects on and around the 4th of July
holiday. Specifically, residents In certain neighborhoods have created a culture of
throwing wafer balloons at passing pedestrians,cyclists,and vehicles.Year after year,
this generates calls for service where officers are dispatched to address and handle
these calls. In 2023,there were 9 calls for service during the 4th of July on one street
alone,diverting several different officers on the busiest day of the year to respond to
these calls.Often,residents will deny knowledge or the existence of the perpetrators,
even though eyewitnesses and victims will Identify their residences as the places
where the violations occurred.
Ordinance No.4317 amends Huntington Beach Municipal Code section 8.42 to address
such gatherings, where the occupants commit a public offense and either refuse to
open the door or refuse to make the responsible party available to be cited.This has
been commonplace for many years with loud party calls for service.Amending this
section to Include when participants and guests are throwing Items Into the roadway
will provide officers with a resource to conduct enforcement action and promote a
safer community.
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 April 16,2024 by the following roll call vote:
AYES: Moser, Bolton, Burns,Van Der Mark,Strickland,McKeon,
Kalmick
NOES: None
ABSENT: None
This ordinance is effective May 16,2024.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
ROBIN ESTANISLAU,CITY CLERK
Huntington Beach Wave
Published:4/25/24
Synopsis - Ordinance No. 4317 - Page 2 of 2
LEGISLATIVE DRAFT
HBMC CHAPTER 8.42
Chapter 8.42
8.42.010 Definitions
The following words,phrases and terms as used in this chapter shall have the meaning as
indicated below:
"Alcohol" means ethyl alcohol or hydrated oxide of ethyl from whatever source or by whatever
process produced.
"Alcoholic beverage" means alcohol, spirits, liquor,wine,beer, and every liquid or solid
containing alcohol, spirit,wine, or beer, and which contains one-half of one percent or more of
alcohol by volume and which is fit for beverage purposes either alone or when diluted,mixed, or
combined with other substances.
"Host" is the person who owns the property where the party, gathering or event takes place;the
person in charge of the premises and/or the person who organized the event. If the host is a
minor,then the parents or guardians of that minor will be jointly and severally liable for the fee
incurred for police services.
"Juvenile" means any person less than 18 years of age.
"Large party,gathering or event" is a group of persons who have assembled or are assembling
for a social occasion or for a social activity.
"Parent or legal guardian" means a person who is a natural parent, adoptive parent, foster
parent, or stepparent of another person, or a person who,under court order, is the guardian of
another person, or a public or private agency with which a minor has been placed by the court.
"Party, gathering or event" means a group of persons who have assembled or are assembling
at a residence or other private property, whether such residence or property is owned, leased,
rented or used without compensation.
"Police services fee" is the cost to the City of any special security assignment. Such fee may be
either a flat fee of$250.00 or an itemized fee based on,but not limited to, salaries of police
officers while responding to or remaining at the party, gathering or event,the pro rata cost of
equipment,the cost of repairing City equipment and property,the cost of any medical treatment
of injured police officers.
"Responsible person or host" means any of the following:
1. Any person or entity that owns,rents, leases, or otherwise has control of a residence or
other private property,including without limitation,a hotel/motel room or rented or leased area,
where a party, gathering or event occurs.
2. Any person or entity present at a party, gathering or event who provides an alcoholic
beverage to anyone under the age of 21 years.
217
3. Any person or entity present at a party, gathering or event where unruly or loud conduct
occurs and that receives money or other consideration for granting access to the party, gathering
or event, or hosts, organizes, supervises, officiates; conducts or controls, or willingly accepts
responsibility for such a party, gathering or event.
"Special security assignment" is the assignment of police officers, services and equipment
during a second or subsequent response to the party, gathering or event after the distribution of a
written notice to the host that a fee may be imposed for costs incurred by the City for any
subsequent police response.
"Underage person" means any person less than 21 years of age.
"Unruly or loud conduct" includes the obstruction of streets by crowds of vehicles,public
drunkenness,public urination, service to,possession of or consumption of alcoholic beverages
by an underage person, assaults,batteries or other disturbances of the peace including, but not
limited to, vandalism, littering,throwing objects or spraying liquids into streets, sidewalks or
alleys, or other conduct that constitutes a threat to public health, safety, or quiet enjoyment of
residential property or public property.
8.42.031 Prohibition on Unruly or Loud Conduct at Parties,Gatherings or Events • Where
Alcohol is Served to, Consumed by,or in the Possession of Underage Person.
A. It is unlawful and a public nuisance for a responsible person or host to cause or allow
unruly or loud conduct at a party,gathering or event to occur at any residence or other private
property if the responsible person or host knows or reasonably should know that unruly or loud
conduct is occurring. A responsible person or host shall be presumed to have knowledge that
unruly or loud conduct was occurring at a party, gathering or event if the responsible person or
host did not take all reasonable steps to prevent such activity from occurring. Reasonable steps
include, but are not limited to monitoring the responsible, safe and lawful conduct of all persons
attending the party, gathering or event.
B. It is unlawful and a public nuisance for a responsible person or host to cause or allow a
party,gathering or event to occur at any residence or other private property at which any
underage person is being served,is in possession of,or is consuming an alcoholic beverage,if
the responsible person or host knows or reasonably should know that an underage person is
being served, is in possession of, or is consuming an alcoholic beverage. A responsible person or
host need not have been issued a prior warning,in order to be subject to the penalties for violation
of this section. A responsible person or host shall be presumed to have knowledge that an
underage person was being served,was in possession of, or was consuming an alcoholic
beverage at a party,gathering or event if the responsible person or host did not take all
reasonable steps to prevent such activity from occurring. Reasonable steps include, without
limitation: controlling the.access to and serving of alcoholic.beverages to underage persons, and
monitoring the responsible, safe and lawful conduct of underage persons.
C. A responsible person or host need not have been issued a prior warning in order to be
subject to the penalties for violation of this.section.
218
Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
April 11, 2024
The Mayoress of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Madam Mayoress,
I would like to express my support for Item XV.
Sincerely Yours,
Mr.Amory Hanson
CC:The Honorable Patrick Burns
CC:The Honorable Rhonda Bolton
CC:The Honorable Daniel Kalmick
CC:The Honorable Casey McKeon
CC:The Honorable Natalie Moser
CC:The Honorable Anthony Strickland
SUPPLEMENTAL
COMMUNICATION
4/16/2024
Meeting Date:
15(24-264)
Agenda Item No.;
,' s tJYJc/,', 2000 Main Street,
Huntington Beach,CA
92648
City of Huntington Beach
APPROVED FOR _INTRODUCTION
ccu4TV 7-0
File #: 24-215 MEETING DATE: 4/2/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Lt. Thoby Archer and Ingrid Ono, Executive Assistant
Subject:
Approve for introduction Ordinance No. 4317 amending Chapter 8.42 of the Huntington Beach
Municipal Code relating to the use of police services at loud parties or other activities
Statement of Issue:
At this time, Huntington Beach Municipal Code (HBMC) Chapter 8.42 lacks a more comprehensive
definition of"unruly or loud conduct" regarding large parties and gatherings. Specifically, the Police
Department is attempting to address unruly conduct where perpetrators may be seeking refuge in a
residence to escape or prevent identification. The anonymity and subsequent behavior have led to
an increase of random assaults and vandalism.
Proposed Ordinance No. 4317 would amend HBMC Chapter 8.42 to expand the authority of officers
to issue civil citations to residents engaged in this behavior.
Financial Impact:
There would be minimal associated implementation costs but may result in a minor increase in
revenue if citations are issued.
Recommended Action:
Approve for introduction Ordinance No. 4317, "An Ordinance of the City Council of the City of
Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 8.42 Use
of Police Services at Loud Parties or Other Activities."
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
In the past few years, there has been an increase in calls for service and complaints of subjects
City of Huntington Beach Page 1 of 2 Printed on 3/27/2024
powered by Legistarn"
File #: 24-215 MEETING DATE: 4/2/2024
being hit by water balloons and other objects on and around the 4th of July holiday. Specifically,
residents in certain neighborhoods have created a culture of throwing water balloons at passing
pedestrians, cyclists, and vehicles. Year after year, this generates calls for service where officers are
dispatched to address and handle these calls. In 2023, there were 9 calls for service during the 4th of
July on one street alone, diverting several different officers on the busiest day of the year to respond
to these calls. Often, residents will deny knowledge or the existence of the perpetrators, even though
eyewitnesses and victims will identify their residences as the places where the violations occurred.
Huntington Beach Municipal Code section 8.42 was crafted to address such gatherings, where the
occupants commit a public offense and either refuse to open the door or refuse to make the
responsible party available to be cited. This has been commonplace for many years with loud party
calls for service. Amending this section to include when participants and guests are throwing items
into the roadway will provide officers with a resource to conduct enforcement action and promote a
safer community.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy A- Community-wide comprehensive risk reduction program to
optimize public safety's emergency response and reduce the number of calls.
This will assist officers when responding to calls for service and may reduce the number of calls
when the public is aware of the law and the potential consequences associated with violating it.
Attachment(s):
1. Ordinance No. 4317, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Amending Chapter 8.42 Use of Police
Services at Loud Parties or Other Activities."
2. PowerPoint presentation with calls for service in 2023 on Alabama Street for water balloons
and other objects being thrown at people and vehicles.
City of Huntington Beach Page 2 of 2 Printed on 3/27/2024
powere1I4i Legistar''
ORDINANCE NO. 4317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING CHAPTER 8.42 USE OF POLICE
SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 8.42.01 Q of the Huntington Beach Municipal Code entitled is
hereby amended to read as follows:
8.42.010 Definitions
The following words,phrases and terms as used in this chapter shall have the meaning as
indicated below:
"Alcohol" means ethyl alcohol or hydrated oxide of ethyl from whatever source or by whatever
process produced.
"Alcoholic beverage" means alcohol, spirits, liquor, wine,beer, and every liquid or solid
containing alcohol, spirit, wine, or beer, and which contains one-half of one percent or more of
alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances.
"Host" is the person who owns the property where the party, gathering or event takes place; the
person in charge of the premises and/or the person who organized the event. If the host is a
minor,then the parents or guardians of that minor will be jointly and severally liable for the fee
incurred for police services.
"Juvenile" means any person less than 18 years of age.
"Large party, gathering or event" is a group of persons who have assembled or are assembling
for a social occasion or for a social activity.
"Parent or legal guardian" means a person who is a natural parent, adoptive parent, foster
parent, or stepparent of another person, or a person who, under court order, is the guardian of
another person, or a public or private agency with which a minor has been placed by the court.
"Party, gathering or event" means a group of persons who have assembled or are assembling
at a residence or other private property, whether such residence or property is owned, leased,
rented or used without compensation.
"Police services fee" is the cost to the City of any special security assignment. Such fee may be
either a flat fee of$250.00 or an itemized fee based on, but not limited to, salaries of police
officers while responding to or remaining at the party, gathering or event,the pro rata cost of
equipment,the cost of repairing City equipment and property, the cost of any medical treatment
of injured police officers.
ORDINANCE NO. 4317
"Responsible person or host" means any of the following:
1. Any person or entity that owns,rents, leases, or otherwise has control of a residence or
other private property, including without limitation, a hotel/motel room or rented or
leased area, where a party, gathering or event occurs.
2. Any person or entity present at a party, gathering or event who provides an alcoholic
beverage to anyone under the age of 21 years.
3. Any person or entity present at a party, gathering or event where unruly or loud conduct
occurs and that receives money or other consideration for granting access to the party,
gathering or event, or hosts, organizes, supervises, officiates, conducts or controls, or
willingly accepts responsibility for such a party, gathering or event.
"Special security assignment" is the assignment of police officers, services and equipment
during a second or subsequent response to the party, gathering or event after the distribution of a
written notice to the host that a fee may be imposed for costs incurred by the City for any
subsequent police response.
"Underage person" means any person less than 21 years of age.
"Unruly or loud conduct" includes the obstruction of streets by crowds of vehicles,public
drunkenness,public urination, service to,possession of or consumption of alcoholic beverages
by an underage person, assaults,batteries or other disturbances of the peace including,but not
limited to, vandalism, littering, throwing objects or spraying liquids into streets, sidewalks or
alleys, or other conduct that constitutes a threat to public health, safety, or quiet enjoyment of
residential property or public property.
SECTION 2. That Section 8.42.031 of the Huntington Beach Municipal Code entitled is
hereby amended to read as follows:
8.42.031 Prohibition on Unruly or Loud Conduct at Parties, Gatherings or Events or
Where Alcohol is Served to, Consumed by, or in the Possession of an Underage Person.
A. It is unlawful and a public nuisance fora responsible person or host to cause or allow
unruly or loud conduct at a party, gathering or event to occur at any residence or other private
property if the responsible person or host knows or reasonably should know that unruly or loud
conduct is occurring. A responsible person or host shall be presumed to have knowledge that
unruly or loud conduct was occurring at a party, gathering or event if the responsible person or
host did not take all reasonable steps to prevent such activity from occurring. Reasonable steps
include, but are not limited to monitoring the responsible, safe and lawful conduct of all persons
attending the party, gathering or event.
B. It is unlawful and a public nuisance for a responsible person or host to cause or allow a
party, gathering or event to occur at any residence or other private property at which any
underage person is being served, is in possession of, or is consuming an alcoholic beverage,if
the responsible person or host knows or reasonably should know that an underage person is
being served, is in possession of, or is consuming an alcoholic beverage. A responsible person or
host shall be presumed to have knowledge that an underage person was being served,was in
2
ORDINANCE NO. 4317
possession of, or was consuming an alcoholic beverage at a party, gathering or event if the
responsible person or host did not take all reasonable steps to prevent such activity from
occurring. Reasonable steps include,without limitation: controlling the access to and serving of
alcoholic beverages to underage persons, and monitoring the responsible, safe and lawful
conduct of underage persons.
C. A responsible person or host need not have been issued a prior warning in order to
be subject to the penalties for violation of this section.
SECTION 3. That this Ordinance shall become effective thirty (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 , 2024.
Mayor
REVIE AND ROVE : APPROVED AST • RM:
City Manager ity ttomey
INITIATED AND APPROVED: ATTEST:
Chief of Police , City Clerk
•
LEGISLATIVE DRAFT
HBMC CHAPTER 8.42
Chapter 8.42
8.42.010 Definitions
The following words,phrases and terms as used in this chapter shall have the meaning as
indicated below:
"Alcohol" means ethyl alcohol or hydrated oxide of ethyl from whatever source or by whatever
process produced.
"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid
containing alcohol, spirit,wine, or beer, and which contains one-half of one percent or more of
alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances.
"Host" is the person who owns the property where the party, gathering or event takes place; the
person in charge of the premises and/or the person who organized the event. If the host is a
minor,then the parents or guardians of that minor will be jointly and severally liable for the fee
incurred for police services.
"Juvenile" means any person less than 18 years of age.
"Large party, gathering or event" is a group of persons who have assembled or are assembling
for a social occasion or for a social activity.
"Parent or legal guardian" means a person who is a natural parent, adoptive parent,foster
parent, or stepparent of another person, or a person who, under court order, is the guardian of
another person, or a public or private agency with which a minor has been placed by the court.
"Party, gathering or event" means a group of persons who have assembled or are assembling
at a residence or other private property, whether such residence or property is owned, leased,
rented or used without compensation.
"Police services fee" is the cost to the City of any special security assignment. Such fee may be
either a flat fee of$250.00 or an itemized fee based on,but not limited to, salaries of police
officers while responding to or remaining at the party, gathering or event, the pro rata cost of
equipment,the cost of repairing City equipment and property,the cost of any medical treatment
of injured police officers.
"Responsible person or host" means any of the following:
1. Any person or entity that owns, rents, leases, or otherwise has control of a residence or
other private property, including without limitation, a hotel/motel room or rented or leased area,
where a party, gathering or event occurs.
2. Any person or entity present at a party, gathering or event who provides an alcoholic
beverage to anyone under the age of 21 years.
3. Any person or entity present at a party, gathering or event where unruly or loud conduct
occurs and that receives money or other consideration for granting access to the party, gathering
or event, or hosts, organizes, supervises, officiates, conducts or controls, or willingly accepts
responsibility for such a party, gathering or event.
"Special security assignment" is the assignment of police officers, services and equipment
during a second or subsequent response to the party, gathering or event after the distribution of a
written notice to the host that a fee may be imposed for costs incurred by the City for any
subsequent police response.
"Underage person" means any person less than 21 years of age.
"Unruly or loud conduct" includes the obstruction of streets by crowds of vehicles,public
drunkenness,public urination, service to,possession of or consumption of alcoholic beverages
by an underage person, assaults, batteries or other disturbances of the peace including, but not
limited to,vandalism, littering,throwing objects or spraying liquids into streets, sidewalks or
alleys, or other conduct that constitutes a threat to public health, safety, or quiet enjoyment of
residential property or public property.
8.42.031 Prohibition on Unruly or Loud Conduct at Parties, Gatherings or Events orWhere
Alcohol is Served to, Consumed by, or in the Possession of Underage Person.
A. It is unlawful and a public nuisance for a responsible person or host to cause or allow
unruly or loud conduct at a party, gathering or event to occur at any residence or other private
property if the responsible person or host knows or reasonably should know that unruly or loud
conduct is occurring. A responsible person or host shall be presumed to have knowledge that
unruly or loud conduct was occurring at a party, gathering or event if the responsible person or
host did not take all reasonable steps to prevent such activity from occurring. Reasonable steps
include but are not limited to monitoring the responsible, safe and lawful conduct of all persons
attending the party, gathering or event.
B. It is unlawful and a public nuisance for a responsible person or host to cause or allow a
party, gathering or event to occur at any residence or other private property at which any
underage person is being served, is in possession of, or is consuming an alcoholic beverage, if
the responsible person or host knows or reasonably should know that an underage person is
being served, is in possession of, or is consuming an alcoholic beverage.
of this section. A responsible person or host shall be presumed to have knowledge that an
underage person was being served,was in possession of, or was consuming an alcoholic
beverage at a party, gathering or event if the responsible person or host did not take all
reasonable steps to prevent such activity from occurring. Reasonable steps include,without
limitation: controlling the access to and serving of alcoholic beverages to underage persons, and
monitoring the responsible, safe and lawful conduct of underage persons.
C. A responsible person or host need not have been issued a .rior warnin. in order to be
subject to the penalties for violation of this section.
GTON Recommendation
\l//11<4;17 to modify HBMC
§ 8 . 42
Lieutenant Thoby Archer
POLICE April 2nd, 2024
The Problem
• The police department has received multiple complaints (often
related to Independence Day celebrations) of items being
thrown into the street from residences.
• Perpetrators are often difficult to identify and hold responsible
as they are often seeking refuge inside a residence.
• It is a unique problem, but not dissimilar to calls for service at
loud parties, for which HBMC § 8.42 was initially created.
• The proposed amendment would expand the authority of
officers to issue civil citations to responsible parties who allow 9
GTO/y
`
or permit this behavior. ,�N BF
r�_� s
POLICE
Scope of the Problem
PLACEHOLDER FOR VIDEO
,,NGTOIy B�
POLICE
Necessity for Change
• In 2023 there were 9 separate calls for service requiring
multiple officers to respond to related calls on Alabama Street
alone on Independence Day.
• These are precious resources that could be allocated to other
priority calls for service.
, \NGTonr eF9`s
POLICE
Public Information
• We intend to have a robust education campaign to include:
• Water Billing Notification
• Social Media Posts
• Hand Delivered fliers to specific locations known to have
previously engaged in this behavior.
\NGTON eF9`s
POLICE
Enforcement
• Holding property owners or tenants responsible for the activity
occurring at their property is a tried method of enforcement of
laws.
• HBMC § 1 .18.030 Allows for citations to responsible parties.
• HBMC § 1 .18.020 Defines responsible parties, such as a person
who is the owner of, and a person who is a lessee or sublessee
with the current right of possession of, real property where a
property-related code violation occurs.
• This change would slightly expand the definition of activity in
the municipal code, to include the aforementioned activity. �J.�\N � y
3 �
POLICE
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to
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n
§ 8 . 42
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Lieutenant Thoby Archer
April 2nd, 2024
FOLICE
153
The Problem
• The police department has received multiple complaints (often
related to Independence Day celebrations) of items being
thrown into the street from residences.
• Perpetrators are often difficult to identify and hold responsible
as they are often seeking refuge inside a residence.
• It is a unique problem, but not unsimilar to calls for service at
loud parties, for which HBMC § 8.42 was initially created.
• The proposed amendment would expand the authority of
officers to issue civil citations to responsible parties who allow AG-MN
or permit this behavior. 4'to
POLICE
154
Scope of the Problem
PLACEHOLDER FOR VIDEO
��fjGT011� �,'
4*9
POLICE-
155
Necessity for Change
• In 2023 there were 9 separate calls for service requiring
multiple officers to respond to related calls on Alabama Street
alone on Independence Day.
• These are precious resources that could be allocated to other
priority calls for service.
tkaaiti
POLICE
156
Public Information
• We intend to have a robust education campaign to include:
• Water Billing Notification
• Social Media Posts
• Hand delivered fliers to specific locations known to have
previously engaged in this behavior.
oGION
POLICE
157
Enforcement
• Holding property owners or tenants responsible for the activity
occurring at their property is a tried method of enforcement of
laws.
• HBMC § 1 .18.030 Allows for citations to responsible parties.
• HBMC § 1 .18.020 Defines responsible parties, such as a person
who is the owner of, and a person who is a lessee or sublessee
with the current right of possession of, real property where a
property-related code violation occurs.
• This change would slightly expand the definition of activity in
the municipal code, to include the aforementioned activity. .�t'��'�� 6�
F`OLICE"
Questions ? . P °
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159
Mr.Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
April 2, 2024
The Mayoress of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Madam Mayoress,
I would like to express my support for Item XII.
Sincerely Yours,
Mr.Amory Hanson
CC:The Honorable Patrick Burns
CC:The Honorable Rhonda Bolton
CC:The Honorable Daniel Kalmick
CC:The Honorable Casey McKeon
CC:The Honorable Natalie Moser
CC:The Honorable Anthony Strickland
SUPPLEMENTAL
co;4K UN CA` ION
4/2i 2024
kit-wing Date:
Agenda Item Na.. 12(24-215)
From: Fikes.Cathy
To: Aaenda Alerts
Subject: FW:A Palmer slides 4.02.24 HBCC comments agenda items support
Date: Tuesday,April 2,2024 8:46:02 AM
Attachments: Ann Palmer Apr 2 2024 multiole aaenda items su0oort.potx
From:Ann Palmer<714anniep@gmail.com>
Sent: Monday, April 1, 2024 6:37 PM
To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>;Toledo,Julie<Julie.Toledo@surfcity-
hb.org>; CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>
Subject:A Palmer slides 4.02.24 HBCC comments agenda items support
Attached is a brief PowerPoint presentation in support of several agenda items listed for the City
Council meeting,Tuesday,April 2, 2024. My hat is off to our elected officials and all staff regarding
the volume and efficacy in addressing both day-to-day issues and matters of volatile public concern.
It is my intention to sign up to speak during the General Comments session but may not address
each of these if further time restriction is needed to address a large volume of speakers. I have no
complaints on that practice! However, I wanted to provide these slides--without speaker notes--
just as one resident's POV.
Thank you,
Ann Palmer
30+yr resident
Huntington Beach 92648
714anniep@gmail.com - email
310.982.8263 - ph/txt
SUPPLEMENTAL
COMMUNICATION
4/2/2024
Meeting Date:
12 (24-215)
Agenda Item No.;,_
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HBCC 4.02.24 Easter A Palmer
Easter Tuesday Multiple Agenda Items
Alfr
SUPPORT
#7) 24-227 : Community Parent-Guardian
Review Board
wt.
WHY?
• Archetype of Participatory Government — a leading
""' of Local Governance
principle
• Community Service Librarianship
• Elevate cohesive, homogenous patron experience
• Embrace larger community as a whole
• Builds public trust & confidence
• Protects Children
HBCC 4.02.24 A Palmer
Multiple Agenda Items
r,.•
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"'"" #8 24-146 : Weeds and Rubbish =
Public Nuisance
"" WHY?
,,,, ,.,, ,,,I.
■ Cheap and efficient component to city beautification
• HB lacks funding vs other communities ( NB, Irvine)
• Improves Public Health and Safety of specific area
• Issues noted during OCC Infrastructure activities ...
• Opportunities for neighborhood and community service
volunteers w clear compliance timeline
• Clarity to property users/owners/lessees
HBCC 4.02.24 A Palmer
f
Multiple Agenda Items
jos •
SUPPORT
# 11 ) 24-230 : Beach Activity Zone Code
Amendments
WHY?
• Clarifies code and reduces ambiguities
• Assists in enforcement: Rescue, Law
• Ensures access for other City Services
■ Improves Public Health and Safety of specific area
• Preserves infrastructure and other community
investments
HBCC 4.02.24 A Palmer
Multiple Agenda Items
'Cow
•
*Asia
SUPPORT
#8) 24-215 : Ordinance No . 4317 related to
Use of Law Enforcement/ Loud Activities
f
WHY?
■ Responsive to community concern
• Amends existing Municipal Code (Ch 8.42) appropriately
• Clarifies violation/situations
• Assists Law Enforcement
• Improves Public Safety
HBCC 4.02.24 A Palmer
Multiple Agenda Items
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HBCC 4.02.24 Easter A Palmer . ., . •
Easter Tuesday Multiple Agenda Items